July 6, 2015

Barry B. Langberg
Attorney at Law
805.882.1404 tel
805.965.4333 fax
BLangberg@bhfs.com

VIA HAND DELIVERY
Martin J. Walsh, Mayor
City of Boston
1 City Hall Square, Suite 500
Boston, MA 02201-2013

Eugene L. O’Flaherty, Corporation Counsel
City of Boston
1 City Hall Square, Suite 500
Boston, MA 02201-2013

Thomas C. Frongillo, Esq.
Fish & Richardson
One Marina Park Drive
Boston, MA 02210-1878
Gentlemen:
I represent Wynn Resorts Limited (Wynn). The purpose of this letter is to urge you to cease your campaign
of falsehoods against my client and to apologize for the irreparable damage you have already caused.
The amended complaint in the case of City of Boston v. Massachusetts Gaming Commission, much more a
public relations piece than a legal document, contained a number of false statements and untrue innuendo
about Wynn. Of course, it was provided to the media at the earliest moment. Not satisfied with the
damage caused to Wynn by the amended complaint, you now have issued subpoenas, again carefully
worded with falsehoods for public relations effect. These subpoenas were provided to the press even
before they were served. The false statements in these documents are extremely damaging to Wynn. For
example, you state that private investigators working "on behalf of Wynn" obtained "unauthorized" access
to police files. This statement is false. Wynn did not employ the named investigators and Wynn has no
knowledge of anyone obtaining improper access to police files. The language of your subpoena was not
typical legal wording but instead was designed to spread vicious falsehoods.
Another example is your statement in a subpoena about a meeting that occurred purportedly involving
Wynn employees discussing the "ownership interest" of a known felon in the land being purchased by
Wynn. No such discussion ever took place and the suggestion that Wynn employees knew of and
discussed such ownership interest is false and defamatory.
Apparently, you have conducted yourselves with reckless disregard for the truth because you somehow
feel your actions are immune from accountability. Such is not the case. Massachusetts law does not
protect individuals (even public officials) from defamation liability for providing falsehoods to the media,
even when they attempt to insulate themselves by disseminating the falsehoods in the form of legal
documents (Sullivan v. Birmingham, 11 Mass. App. Ct. 359, 362, 416 N.E.2d 528, 531 (1981); Davidson v.
Cao, 211 F. Supp. 2d 264, 275 (D. Mass. 2002); Draghetti v. Chmielewski, 416 Mass. 808, 814, 626

1020 State Street
Santa Barbara, CA 93101-2711
main 805.963.7000
bhfs.com

Brownstein Hyatt Farber Schreck, LLP

 Martin J. Walsh, Mayor
Eugene L. O’Flaherty, Corporation Counsel
Thomas C. Frongillo
July 6, 2015
Page 2
N.E.2d 862, 867 (1994); Breault v. Chairman of Bd. of Fire Comm’rs of Springfield, 401 Mass. 26, 35
(1987)).
Furthermore, your actions have even exposed the City of Boston to liability. (Ortiz v. County of Hampden,
16 Mass. App. Ct. 138, 449 N.E.2d 1227 (1983), Doe v. Town of Blandford, 402 Mass. 831, 838, 525
N.E.2d 403 (1988); Doe v. Town of Blandford, 402 Mass. 831, 838 (1988); Molinaro v. Northbridge, 419
Mass. 278, 279–280 (1995)).
Proper and ethical conduct on your part at this point demands that you do everything in your power to
correct the falsehoods you have spread and mitigate the damage caused by those reckless and untrue
statements.
Very truly yours,

Barry B. Langberg
BBL:mae
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