Issued by the City of Costa Mesa, at the request of the Costa Mesa police department.
STATE OF CALIFORNIA — COUNTY OF ORANGE
SEARCH WARRANT and AFFIDAVIT
Inv. Larry Rooker, being duly sworn, says that on the basis of the information contained within this SEARCH WARRANT and AFFIDAVIT and the attached and incorporated Statement of Probable Cause, he has probable cause to believe and does believe that the property described below is lawfully seizable pursuant to Penal Code Section 1524, as indicated below, and is now located at the locations set forth below. Wherefore, affiant requests that this SEARCH WARRANT be issued.
[signed] NIGHT SEARCH REQUESTED: No [initialled]
THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY SHERIFF, POLICE OFFICER OR PEACE OFFICER IN THE COUNTY OF ORANGE: proof by affidavit having been made before me by Inv. Larry Rooker that there is probable cause to believe that the property described herein may be found at the locations set forth herein and that it is lawfully seizable pursuant to Penal Code Section 1524 as listed below:
2. Was used as the means of committing a felony.
3. Is possessed by a person with the intent to use it as the means of committing a public offense or is possessed by another to whom he or she may have delivered it for the purpose of concealing it or preventing its discovery.
4. Tends to show that a felony has been committed or that a particular person has committed a felony.
YOU ARE THEREFORE COMMANDED TO SEARCH: 1718 Quail Ridge, Escondido, County of San Diego, CA, further described as a single family dwelling at the dead end of Quail Ridge surrounded by a 7' chain link and barbed wire fence; including all structures and vehicles on the property; and the person of WILLIS ALLISON CARTO, DOB: 7-17-26, MWA, 5-11, 150, brown hair & eyes.
FOR THE FOLLOWING PROPERTY: Utility bills or other records to show dominion and control of the property; bank statements, checks and ledgers, or other records showing the receipt, concealment or disbursal of money or other assets; phone records; corporate records or documents tending to show ownership or control by Henry Fischer; cash, jewels, precious metals or other liquid assets which may be the proceeds of felony crimes.
AND TO SEIZE IT IF FOUND and bring it forthwith before me, or this court, at the courthouse of this court. This SEARCH WARRANT and incorporated AFFIDAVIT was sworn to and subscribed before me this day of 199 at /PM. Wherefore, I find probable cause for the issuance of this SEARCH WARRANT and do issue it.
[signed] NIGHT SEARCH APPROVED:
Judge of the Municipal Court Judicial District
I, Larry Rooker, am employed by the Costa Mesa Police Department as an Investigator assigned to the Economic Crimes Unit. I have been so employed since 7-5-94. I honorably retired as a Peace Officer for the County of Los Angeles after 29 years — 27 of those years as Senior Investigator for the Los Angeles County District Afforney. The majority of those 27 years my primary responsibility was the investigation of major fraud cases. I was also previously employed by the Internal Revenue Service as a Criminal Investigator for one year.
I have completed the Basic Police Academy, the U.S. Treasury Department Criminal Investigator School, The U.S. Treasury Department Internal Security School, The U.S. Internal Revenue Service Course on FInancial Investigative Techniques, the Federal Bureau of Investigation School for White Collar Crimes Investigations, the UCLA Teacher’s Training Course, the California Department of Justice Training Courses in Economic Crimes Investigations, Computer Crimes Investigations, Advanced Financial Investigative Techniques, Homicide Investigations, Gang Investigations and the Advanced Officer Survival School, Seminars at California State University — Los Angeles on Insurance Frauds, Real Estate Frauds and Medical-Legal Frauds, and Los Angeles County Sheriff’s Department Training Courses in Gang Investigations, Homicide Investigations, Supervision and the Live Fire Tactical Training Class, and the Garrison & Associates Seminar on Detection and Prevention of Unauthorized Access To Computer Networks.
I hold an Advanced P.O.S.T. Certificate and a lifetime credential from the California Board of Community Colleges as an Instructor in Police Science.
The victim in this case, LEGION FOR THE SURVIVAL OF FREEDOM, INC. (LSF), is a public benefit nonprofit corporation within the meaning of Corporations Code §5617. The corporate offices of LSF are located in the City of Costa Mesa and have so been since 1986. A complaint of embezzlement is brought against WILLIS ALLISON CARTO by MARK WEBER, current Secretary of LSF, and THOMAS MARCELLUS, current President of LSF, each of whom was interviewed by me on 3-6-95 at the Costa Mesa Police Facility. Together, they allege the following:
JEAN EDISON FARREL, grand niece of Thomas A. Edison and a resident of Switzerland, was a financial supporter of LSF for many years until her death in Lausanne, Switzerland on 8-11-85. In her will MS. FARRELL made LSF a beneficiary of her estate, along with her friend Joan Althaus. Ms. Althaus contested the will, which resulted in lengthy litigation and culminated in a settlement agreement, dated 7-17-90, which called for distribution of over $7,000,000.00 in money, stocks, precious metals, jewels and other assets to LSF. A copy of the settlement agreement is attached as exhibit #1. A three page schedule of the assets, describing each and detailing how they were divided between ALTHAUS and LSF for disbursement is attached as Exhibit #2.
On 1-10-91 then Secretary and member of the Board of Directors of LSF, LAVONNE D. FURR, appointed WILLIS A. CARTO as agent for LSF for the limited purpose of travelling to Switzerland to arrange for the transfer of the FARREL estate assets designated for LSF to LSF custody and control. A copy of the Power of Attorney creating the agency of CARTO for LSF and signed by FURR is attached as Exhibit #3.
On 1-18-91, at the request of CARTO, FURR signed another Power of Attorney, also appointing HENRY J. FISCHER as agent for LSF for the limited purpose of facilitating the transfer of the FARREL estate assets to LSF custody and control. A copy of the FISCHER appointment is attached as Exhibit #4.
CARTO and FISCHER travelled to Switzerland on at least two occasions in 1991, setting up a bank account at BANQUE CANTRADE LAUSANNE SA, arranging for liquification of hard assets and the deposit of the proceeds into the bank account. However, they opened the bank account under LEGION for the SURVIVAL of FREEDOM, thereby preventing the officers of LSF from subsequently accessing or transferring the money. CARTO did not inform the LSF management of this but, instead, continued to tell them that additional litigation was necessary to obtain the money. CARTO also listed his home in Torrance as the LSF offices on the settlement agreement and other documents pertaining to the transfer of the assets so that no correspondence from any of the parties would be seen by LSF management.
In March, 1991 CARTO learned that a long time supporter of LSF, CONRAD GRIEB, had died and bequeathed an inheritance to LSF. CARTO, referring to himself as the “Business Manager” of LSF, wrote to the executor of the GRIEB estate, FRITZ BERG, on 3-21-91. CARTO, using LSF stationery, told BERG that the LSF had established an offshore account in the name of “THE INTERNATIONAL LEGION FOR THE SURVIVAL OF FREEDOM". CARTO directed BERG to make the check payable to that entity and mail it directly to him. A copy of the leffer from CARTO to BERG is attached as Exhibit #5.
LSF management left the matter in Carto’s hands because he was a trusted volunteer who had served the LSF for many years. They did not know FISCHER but trusted Carto’s vouch for him. (CARTO and FISCHER remain close, both having moved to the City of Escondido).
In September, 1993 CARTO inadvertently left an envelope at the LSF offices in Costa Mesa which was opened by LSF personnel. Inside was a receipt for the wire transfer of $100,000.00 from the Banque Cantrade account of CARTO to the bank account of UBERTY LOBBY, an ultra-rightwing political action organization run by CARTO, which operated radio stations and publishes a news-letter called The Spotlight, and which organization was at that time in deep financial trouble and in danger of losing the radio stations. A cover leffer, dated 8-17-93 and enclosed with the wire transfer receipt, is addressed to FISCHER, requesting him to confirm the transfer of $100,000.00 by signing the enclosed order. A copy of the cover leter is attached as Exhibit #6.
CARTO was confronted and asked where the money was being concealed. CARTO responded “I'm making sure it goes to good causes.” His agency status was terminated. A demand was made for the return of the money CARTO and FISCHER obtained from the FARREL estate, but they have refused to turn over the money or other proceeds. At that time the LSF offices were at 711 W. 17th St., units D-3 and D-4. The property was owned by CARTO and LSF had leased the premises from CARTO and his wife, ELISABETH CARTO. The LSF management, concerned that CARTO might try to enter the premises after hours to try to eliminate possible evidence against him, changed the locks.
On 1-15-93 CARTO, accompanied by paid thugs, forceably entered the LSF offices and evicted the staff. The Costa Mesa Police were subsequently called and, after interviewing those involved, returned control of the premises to LSF management (DR#93-40578). The interviews determined that CARTO, who was claiming that changing the locks nullified the lease, never gave any notice to LSF of any termination of the lease. Carto’s own statement says it was his intention to “seize the business” induding the computers, files and office furniture, because of the alleged violation of the lease agreement and that he could do it without a court order.
CARTO is described in the police report as a male, white, 5-11, 145, bro, bro, DOB: 7-17-26. The same description appears on Carto’s CDL #D0061255.
Carto’s attempt to seize LSF continued through civil court litigation. In case 720973, heard before Judge Robert J. Polis in Orange County Superior Court, Department 61, a verdict was rendered 12-31-93. A copy of the verdict is attached as Exhibit #7. Judge Polis found that CARTO had exercised substantial control over LSF, without any legal authority, by the manipulation of LSF Directors LEWIS and LAVONNE FURR (an elderly and infirm couple who had subsequently resigned from the board).
According to WEBER and MARCELLUS, CARTO currently reside at 1718 Quail Ridge, Escondido, CA.
When CARTO was arrested by Costa Mesa Police 10-15-93 he listed his address as 1718 Quail Ridge, Escondido, CA. CARTO was also cited in 1993 for a violation of Vehicle Code Section 27315D while driving a 1985 Olds with CA plate 1NCZ352.
On 3-1-95 I travelled to Escondido accompanied by Det. Jim Wilke. I found 1718 Quail Ridge to be at the extreme end of fhe road. It is a single family dwelling surrounded by a 7 ft. chain link and barbed wire fence wlth an electric gate the full width of the driveway. There are no immediate neighboring houses. The property is surrounded by very tall trees which obstruct the view of the house from every accessible direction. The driveway steeply declines from the road to the house, approximately 100 ft. l observed two vehicles at the bottom of the driveway near the house. One of the vehicles was the 1985 Olds, 1NCZ352, which CARTO was driving when last cited.
On 3-9-95 I travelled to Escondido and San Marcos with Det. Phil Hartman. At the Escondido Main Post Office I spoke to the secretary to the Post Master, Martha, who provided information that the P.O. Box used by HENRY FISCHER is registered in the maiden name of his wife, which is PATRICIA MAGREE, at 1415 Pine Heights Way, San Marcos, CA.
At the San Diego Sheriff’s Substation in San Marcos I spoke with Det. Tori Reden, who provided copies of police reports of minor indicents involving HENRY FISCHER and PATRICIA FISCHER in 1993 in which they list their residence address as 1415 Pine Heights Way, San Marcos.
I went to 1415 Pine Heights Way and found it to be a large parcel of land, over 5 acres, on which sits at least two buildings and a tennis court. The property address is not displayed. The property is enclosed with chain link fencing topped with barbed wire. The drive is gated with a 6'-7' wrought iron gate. It was not possible to observe most of the property, but a blue Chevrolet station wagon (2VLC901, registered to PATRICIA MAGREE at P.O. Box 2202, Escondido) was in the drive approximately 100' back from the gate. (HENRY FlSCHER’s driver’s license, N6939491, lists P.O. Box 22032, Escondido as his mailing address.) Pine Heights Way is a rural road off Nardahl Street and the mail boxes for residents are all located on a long wooden rail on Nardahl at the intersection of Pine Heights Way. There is a mail box for each address on Pine Heights Way, except for 1415-1417. Where this box would normally be located there is an empty space on the rail.
On 3-10-95 I spoke to Dep. Tim Carroll, San Diego Sheriff’s Dpeartment. Det. Carroll said he is familiar with HENRY FISCHER and WILLIS CARTO because of official contacts and information he has obtained during tbe past several years. Det. Carroll provided the following information:
WILLIS CARTO previously lived with FISCHER at the Pine Heights Way estate for two or three years. During that time another man, MICHAEL BROWN, also lived there (BROWN is the former bodyguard to LINCOLN ROCKWELL. BROWN was convicted of possessing explosives while trying to blow up the United Nations building). There were numerous complaints to the Sheriff’s Department from neighbors on Pine Heights Way about being harrassed and intimidated by the residents of FlSCHER’s estate. FISCHER is a notorious international traveller who was previously implicated in the disappearance of $500,000.00 in funds from the government of Iraq intended for the Victorian Labour Party in Australia. FISCHER disappeared, along with the money, and the scandal was widely reported in the Australian and European press (copies of some articles were provided). HENRY JOHN FISCHER also uses the name HENRI FISCHER, KEN WILSON and D. STAPLES.
Although the address listed for FISCHER on the reports above shows 1415 Pine Heights Way, telephone service has shown 1417. Both addresses are accurate for the 5+ acre FISCHER estate.
Det. Reden obtained and provided to me air photos of both 1718 Quail Ridge and 1415-1417 Pine Heights Way.
Based upon my education and experience, I have formed the following opinions:
Therefore, I request that a SEARCH WARRANT be issued for the residence and person of WILLIS ALLISON CARTO and HENRY JOHN FISCHER.