April 28, 2000
One of Willis Carto’s Texas attorneys, Joe Izen Jr., has repaid the Legion for the Survival of Freedom, parent corporation of the Institute for Historical Review, for monies stolen, and for attorney’s fees. Failure to do so would have meant jail for Carto and certain disbarment for Izen.
The case arises out of a bequest left to LSF/IHR by supporter Jack Graham. Without notifying LSF of the bequest, as required by law, Carto had himself appointed as executor of the Graham estate, and over a period of years diverted more than $18,000 meant for LSF/IHR to himself, in addition to other checks made out to the IHR. Although most of the money had been spent by the time LSF/IHR employees discovered the diversion of funds, Carto was obliged to pay back only the remainder, $4,358.05. Recovering the rest of the funds would have required a separate lawsuit, which is out of the question because Carto is essentially judgment-proof due to his already owing LSF/IHR in excess of $12 million for improperly diverting another bequest.
Carto’s attorney was liable because he conspired with Carto to hide from LSF/IHR the existence of the monies and the fraudulently-opened bank account in which they were deposited. As one of the attorneys present in the courtroom the day the court ordered all monies turned over to LSF/IHR, Izen’s actions clearly put him in contempt of court. In front of San Diego County Superior Court Judge Maino on April 28, 2000, Izen acknowledged, “There is no way I can purge myself of contempt.” Izen was obliged to reimburse Legion’s legal costs and expenses in obtaining the recovery in the amount of $3,600.00.