Caught on Tape

3. At one point in the tape-recorded conversation you say: “Okay, let’s tell Ralph, uh, Felix come to the office on Friday morning.” Can you identify Felix? Did Ralph Arza come to your office on Friday? Can you provide an exact date for that Friday in 2004? What was discussed at that meeting?

4. Stanley Price recently told New Times that you met with Ralph Arza after the tape-recorded conversation and you “decided we did not need his employment. In fact he [you, Masoud Shojaee] didn’t hire him on this property.” Can you provide an exact or approximate date of that meeting? What was discussed at the meeting? If it is true you decided not to hire Arza, can you explain why?

5. Has any law-enforcement or judicial authority summoned you to answer questions regarding alleged criminal activities within the City of Doral?

SHOJAEE'S RESPONSE

Dear Mr. Alvarado:

As you know I represent Mr. Masoud Shojaee. I have been authorized by him to make the following statement on his behalf in response to your fax of April 6, 2005.

The attorney-client privilege governing confidentiality of communications between a client and his counsel is among the most closely guarded and cherished of all the privileges protecting confidential communications. Confidentiality of communications between a client and his or her counsel is essential for a client to obtain effective legal representation and advice from his counsel. You can imagine your own outrage if your and/or your editor's confidential conversations with legal counsel for the New Times were recorded without your consent, transcribed, and published by The Herald.

Mr. Shojaee is similarly outraged by your intention to publish the contents of a purported recording, the accuracy of which is yet undetermined, of a privileged and confidential communication between him and his counsel.

The questions you have asked in your fax would necessarily require Mr. Shojaee to disclose the contents of his confidential conversations with his counsel. He will not and cannot respond to your questions, because to do so could be construed as a waiver by him of the attorney-client privilege. He does not intend to waive or relinquish his attorney-client privilege, or in any other way authorize or condone, directly or indirectly, the disclosure of any of his confidential communications with his counsel.

What can and must be said, and emphasized, is that in the copy of the transcript you provided to me, nothing was said or occurred that was in any way improper or unlawful by Mr. Shojaee. Mr. Shojaee is proud of his well-deserved impeccable reputation as an outstanding citizen and businessman in this community. He has not and does not engage in any improper conduct with respect to any of his business dealings.

We respectfully caution you to refrain from implying or suggesting in any way in your article that Mr. Shojaee has engaged in any improper conduct or saying anything that would otherwise disparage his excellent reputation.

Sincerely,

Steven E. Chaykin

FOR RALPH ARZA

1. In the tape-recorded conversation, attorney Stanley Price, Masoud Shojaee of Shoma Development, and an unidentified third person discuss hiring you for the purposes of lobbying. In a subsequent interview, Price elaborated by saying: "There are many state legislators who serve as lobbyists, who advocate.... I have used Ralph in the city for legislative matters.... [Arza] is just there to lobby on our behalf through the legislative process." What city is Price referring to, and with which Florida municipal jurisdictions have you officially registered as a lobbyist?

2. On the tape, Price says you asked him to be paid $50,000. Is that true? What were you expected to accomplish to earn that money?

3. On the tape, Price says you'll be paid in full once "the zoning's delivered to us," meaning Shoma Development Corp. What is the zoning in question and how would you deliver it to Shoma Development?

4. Price recently told New Times that you met with Masoud Shojaee to discuss a contract for your services. What was discussed at that meeting and what services did you offer?

5. Have you ever received any compensation from Shoma Development or any of its in-house or outside representatives?

6. On your most recent financial disclosure form, filed July 8, 2004, you list as income $10,000 from the law firm of Akerman Senterfitt. What did you do to earn that money?

7. Also on your most recent financial disclosure form, you list as income $33,500 from the Arza Consulting Group. What is the Arza Consulting Group's business? What is your involvement with the company? What did you do to earn $33,500? Your wife is listed as the company's sole officer. What is her involvement with the Arza Consulting Group? Why is the company registered at your home address?

8. In November of last year you incorporated a company called Mountain Moving Strategies, also registered at your home. You are listed as the sole officer. What is the company's business and how much have you earned from it since its incorporation?

9. Has any law-enforcement or judicial authority summoned you to answer questions regarding alleged criminal activities within the City of Doral?

ARZA'S RESPONSE