April 16, 1999

Re:  Howard Safir

Copyright © 1999 by Dan E. Moldea

    Over the past several weeks, I have received numerous calls from reporters, requesting information about my 1993-1995 litigation against Howard Safir, now the police commissioner of New York City, who has been the subject of recent controversy.

    For the record, I have no intention of becoming involved in this dispute.  My attorney, Roger C. Simmons, and I have decided not to continue a fight we have already won.

    The following is an excerpt from my portfolio, which is linked to this web site:

         “Other than his 1989-1994 legal battle against The New York Times, Moldea has been the plaintiff in only one other litigation during his career:  In June 1993, Moldea filed suit against Howard Safir, the former head of the U.S. Federal Witness Protection Program.  Moldea and Safir had signed a collaboration contract in 1992, agreeing that Moldea would write and help market a book proposal about Safir’s career.  Moldea consented to share the risk with Safir, working for several months, gratis and under a cloak of confidentiality—but with a promise of future royalties.

        "However, after completing a 96-page proposal, Moldea discovered that Safir had attempted and failed to sell his autobiography in each of the previous two years, rendering the new project ‘damaged goods.’  When Moldea learned about this alleged deception, he confronted Safir, who unilaterally ended their arrangement.

        “Moldea v. Safir was heard in Maryland’s Circuit Court for Anne Arundel County.  On December 11, 1995, after a two-week trial, a six-member jury ruled in Moldea’s favor and awarded him $17,500 in damages, finding that Safir had engaged in negligent misrepresentation, as well as breach of contract.  After his victory, Moldea told The New York Daily News, ‘When you’re asked to share the risks, you have to know what the risks are.’

        “Within days after the case ended, Mayor Rudolph Giuliani appointed Safir as the police commissioner of New York City.”

    The case number in the Maryland Circuit Court for Anne Arundel County is C93-04841CN.  All trial testimonies, sworn depositions, and exhibits, among other items, should be on file.

    Other than providing this public information, my attorney and I will have no further comment about this matter.