When Allied Capital learned about John Wiley & Sons, Inc.’s plans to publish David’s book, Baker Hostetler (Allied’s attorneys) sent 8 letters to Wiley and 4 letters to David’s attorneys (Akin Gump Strauss Hauer & Feld) trying to prevent the publication of the book. We have included Allied’s letters and our responses below. Wiley responded separately (we have not included Wiley’s responses). To summarize them, Wiley first advised Allied that it would submit the book to ‘legal review.’ Then, Wiley advised Allied that the standard process would be for Allied to meet with the author, rather than with the publisher. When Allied refused Wiley wrote last November that, “If Allied is unwilling to meet with Mr. Einhorn, we do not see the utility in continuing to respond to your letters on this matter.”
The letters used a number of familiar Allied tactics – attacking David’s reputation, veiled threats and innuendo. We note, in particular, Allied’s lawyer’s October 31, 2007 letter to Wiley which indicates Allied’s general preference to discuss matters only with people without much background on Allied. This coincides with the title of the book: Allied is only willing to discuss the story with folks who might be fooled. The letters show how far Allied Capital has gone to prevent the truth from coming out.
 April 26, 2007: Letter from Allied’s attorneys to Wiley |
| May 08, 2007: Letter from Allied’s attorneys to Wiley |
| June 20, 2007: Letter from Allied’s attorneys to Wiley |
| September 11, 2007: Letter from Allied’s attorneys to Wiley |
| September 26, 2007: Letter from Allied’s attorneys to Wiley |
| October 05, 2007: Letter from David’s attorneys to Wiley |
| October 05, 2007: Letter from Wiley to Allied’s attorneys |
| October 31, 2007: Letter from Allied’s attorneys to Wiley |
| October 31, 2007: Letter from Allied’s attorneys to David’s attorneys |
| November 06, 2007: Letter from David’s attorneys to Allied’s attorneys |
| December 11, 2007: Letter from Allied’s attorneys to David’s attorneys |
| January 22, 2008: Letter from David’s attorneys to Allied’s attorneys |
| March 04, 2008: Letter from Allied’s attorneys to Wiley |
| March 04, 2008: Letter from Allied’s attorneys to David’s attorneys |
| March 24, 2008: Letter from David’s attorneys to Allied’s attorneys |
| April 08, 2008: Letter from Allied’s attorneys to David’s attorneys |
| April 08, 2008: Letter from Allied’s attorneys to Wiley |
| May 02, 2008: Letter from David’s attorneys to Allied’s attorneys |