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Saturday, June 9, 2012
12-06-09 COURT WATCHER JAILED FOR 30 DAYS FOR REMAINING SILENT
Contact: David LonierFOR IMMEDIATE RELEASE
Tel: 248-373-9111
Email: davidlonier@gmail.comCourt Observer Jailedfor up to 30 days for remaining silentRedford Township – June 8, 2012 A Novi man was ordered by Judge Karen Kahlil of the 17th District Court to spend up to 30 days in jail for refusing to disclose his name. While sitting quietly observing a friend’s property rights case, Judge Karen Kahlil demanded he stand and disclose his name. Other witnesses were shocked when the judge ordered him arrested for refusing to disclose his name.
He was cited with contempt, hand cuffed and hauled off to the Redford police jail and later transferred to a Midland County jail. He, along with 4 other court observers were ordered to stand and give their names, but only the Novi man was arrested and jailed.
Prior to Friday’s arrest, the Novi man had criminal complaint, judicial misconduct, malfeasance of office and deprivation of rights charges filed against Judge Kahlil and it is suspected that she was using her authority in retaliation for his legal action against her. He has commenced a hunger strike.
Here’s Trish’s
Press ReleaseContact: David Lonier
Tel: 248-373-9111
Email: davidlonier@gmail.com
COURT WATCHER JAILEDFOR 30 DAYS FOR REMAINING SILENT
Redford Township – June 8, 2012 A Novi Township man was ordered by Judge Karen Kahlil of the 17thDistrict Court to spend 30 days in jail for refusing to give her his name. He was cited with contempt, hand cuffed and hauled off to the Redford police jail and later transferred to a Midland jail. He was in court to witness another case when he, along with 4 other court watchers were ordered by the judge Kahlil to stand and give their names. After the Novi Township man was arrested, the other 4 court watchers were asked to do the same. All complied for fear that they too would receive jail time.
The court watchers witnessed the court officials assault the Novi man. When one of the court watchers attempted to leave the room he was detained against his will. The court officers used threat and intimidation to hold the entire body of court watchers hostage.
Judge Kahlil in an uncontrollable rage she began to call out, “We got a group of Moors in here!” She continued her comments towards the court watchers “Are you a part of that group? Who here is a part of that group the Moors group!”
Prior to his Friday arrest, the Novi man has several criminal complaints, judicial misconduct, malfeasance of office and deprivation of rights charges filed against Judge Kahlil and it is suspected that she was using her authority in retaliation for his legal action against her. No such order was issued for the other four court watchers.
The Novi Township man has commenced a hunger strike.
FOR IMMEDIATE RELEASE
4 P.M. EDT, June 9, 2012
12-06-09 RE: DAVID SCHIED
Date: Sat, 9 Jun 2012 14:26:15 -0400
Subject: Re: David SchiedFrom: "Trish Kraus"
PLEASE REPLY TO ALL IN THE FEED AND ADD ANYONE TO IT.
Please keep in mind that the second document was typed and done as a
court watcher so may be a little dicey to understand. Because I was
just trying to get Ron Kellers information out onto paper as quickly
as possible.
Brent is preparing some M203 Writ of Habius Corpus documents to file
on Monday. It is under control by experience in this area. It is
being
notarized as we speak. We are hoping to have Cornell Squires go and
argue it in front of the judge.
David Lonier is preparing the affidavit's of the witnesses (and needs
help & direction)
I am the point person for Dave S at this point he also has David
Loniers number memorized.
Moving forward (rapidly) is filing the affidavits with all of his
open
cases he has supreme court case court of appeal, and wayne county
dircut court cases.
Also someone needs to go to the fbi's website under fed on corruption
and open a case on there. Tony said that this may be our quickest
resolution. ***accepting any suggestions are appreciated and
help***
Nolan is set and we are in constant communication and is included in
this email chain.
Lets not break the chain and get caught in a rabbit hole. We need to
focus on Davids security and safety. He has told me he is in fear for
his life. I have all of his computers/hard drives/flashdrives.
If you are new to the his email chain please read all comments
below.
The first attachment is from David Lonier,
Attached find facts concerning the incident, an analysis of what
occurred and a press release. If you can help in any way to bring
this
judge and court to justice…PLEASE help us!This is as gross as
miscarriage of justice gets. We have not sent the Press Release yet
and would appreciate help polishing it up. Thank you,Dave
Lonier
Love you all,
Trish
734-637-4720
I will be unavailble between 7pm-dawn sat & sun due to filming.
On Sat, Jun 9, 2012 at 1:40 PM, tony hight
wrote:
>
>
> On Sat, Jun 9, 2012 at 9:06 AM, Trish
wrote:
>>
>> Please read the chain reach out to one another to help
facilitate
>> something.
>> Brent jump in with Sally in filings. Anyone else please come
forward we
>> need all the knowledge we can get right now.
>>
>> He is in midland county jail I just got off the phone with the
jail to
>> confirm his location. We need to get the word out to news
agency's. Find one
>> I think get a camera in that bitches face while on a posh golf
course this
>> weekend. Asking her the HARD questions.
>>
>> This has to stop!
>> Please forward this email.
>>
>> Trish Kraus
>>
>> Yes contempt, no bond, 30 days no hearing.
>>
>> Trish....
>>
>> So what is happening? I assume David is in jail for
>> contempt....correct??Can he be bonded out?? How long did she put
him there
>> for?
>>
>> This judge needs to feel the wrath of the citizens.....NOW!!
>>
>> Are there any plans in the works? Is Reverend Pinkney aware of
this?
>> Has there been a complaint filed yet to the Judicial Tenure????
Not that
>> it would help, but it would show that they are backing the
judge.....or at
>> least I think that is what they would do. Just puts them all in
the same
>> pot!! (TO BOIL!!)
>>
>> I did not receive an attachment to your email.
>>
>>
>> Sally Borghese
>> Grand Rapids, Michigan
>> 616.272.3441
>>
>> On Jun 9, 2012, at 9:29 AM, C W Kauffman
wrote:
>>
>> What is to be done? Is a picketing to be organized? Where? Keep
me
>> informed? Thanks.
>>
>> At 09:21 AM 6/9/2012, you wrote:
>>
>> Dave was taken from the courtroom in Redford while he was court
watching
>> with others.
>> The judge did her video cases then one speeding case. She
rescheduled
>> everyone else's case. Cleared the court room of everyone except
Brent's
>> informal hearing.
>> The judge pointed to Dave to stand up and identify himself. He
refused on
>> fear of her identifying him. (Because he has a Michigan supreme
court case
>> against her.) by that time there were 5 police in there
intimidating
>> everyone by holding they're weapons. They grabbed Dave put him in
handcuff
>> and "dragged him out of the courtroom like a dog into the
courtrooms "lock
>> down" room. That's the last anyone has seen him.
>> She demanded everyone individually to stand and identify. Out of
fear a
>> intimidation and false imprisonment they complied. David Lonier
asked (under
>> what authority do to have to ask me name, under duress I am David
Lonier)
>> Ron Keller got up to leave because of the fear for his life. They
would
>> not allow any one to exit the court room.
>> She then made Brent the defendant go into the jury box. She
demanded him
>> to sit there. He refused she went to the dark underworld and
totally lost
>> control.
>>
>> Please excuse the attachment it is in its raw form no corrections
of Ron
>> telling my what has happened. I wanted to get as much notes from
Ron as
>> possible as to send it for him fill in the rest.
>>
>> Trish Kraus
>>
>> On Jun 8, 2012, at 11:50 PM, wwdovew
wrote:
>>
>> Is this a joke or truth??? David Schied has been
kidnapped??
>>
>> Sally Borghese
>> Grand Rapids, Michigan
>> 616.272.3441
>>
>>
>> Trish Kraus
>>
>> On Jun 8, 2012, at 9:52 PM, Trish
wrote:
>>
>> Can I get Fan Rathers phone number please.
>>
>> This has to stop!
>>
>> Trish Kraus
>>
>> Begin forwarded message:
>>
>> From: Trish Kraus
>> Date: June 8, 2012 7:16:09 PM EDT
>> To: David Schied
,Bill@whistleblowerproductions.com,
>> David Lonier
, milyn06@yahoo.com, Srm2688@yahoo.com,
>> "r. k." , jsalo@clvpro.com
>> Subject: David Schied
>>
>> Attached is a document that I put together amongst the sea
of
>> information on CORRUPTION!
>> DAVID SCHIED HAS BEEN KIDNAPPED!
>>
>> I've added Bill Windsor of Lawlessamerica per request of
David
>>
>> Please forward to any of the court watchers. I felt it necessary
to
>> get this email out as soon as possible after the fact for
posterity.
>> After a lengthy conversation with Ron Keller.
>>
>> This is a tragedy!
>>
>>
>> --
>> Trish Kraus
>>
>> Associate Producer & Assistant Director
>>
>> Autoweek's Vinsetta Garage
>> C 734-637-4720
>>
>> <06082012 CLEAR Disqualification lack of due
process.docx>
>>
>> C. William Kauffman
>> Professor, Retired, Department of Aerospace Engineering,
>> University of Michigan
>> President, Explosion Research and
>> Investigation Corporation
>> 9669 Hermitage Way
>> Whitmore Lake MI
>> 48189-9624
>> 734 426 4491 voice and fax
>> 734 678 4491 mobile
>> 7 985 225 6986 mobile Moscow RF
>>
>> Please visit our
>> Please contact us at: ChineseEspionage@gmail.com or
>> Professor@ProfessorKauffmanforRegent.com
>>
>> This email message and any attachments are for the sole use of
the
>> intended recipients and may contain proprietary and/or
confidential
>> information which may be privileged or otherwise protected from
disclosure.
>> Any unauthorized review, use, disclosure or distribution is
prohibited. If
>> you are not the intended recipients, please contact the sender by
reply
>> email and destroy the original message and any copies of the
message as well
>> as any attachments to the original message.
>>
>> Trish Kraus
>>
>> On Jun 8, 2012, at 7:16 PM, Trish Kraus
wrote:
>>
>> Attached is a document that I put together amongst the sea
of
>> information on CORRUPTION!
>> DAVID SCHIED HAS BEEN KIDNAPPED!
>>
>> I've added Bill Windsor of Lawlessamerica per request of
David
>>
>> Please forward to any of the court watchers. I felt it necessary
to
>> get this email out as soon as possible after the fact for
posterity.
>> After a lengthy conversation with Ron Keller.
>>
>> This is a tragedy!
>>
>>
>> --
>> Trish Kraus
>>
>> Associate Producer & Assistant Director
>>
>> Autoweek's Vinsetta Garage
>> C 734-637-4720
12-06-08 Nude March in Montreal!
Wine in the streets: Naked students protest
http://www.youtube.com/watch?v=B1PQhYVjCPk&list=UUpwvZwUam-URkxB7g4USKpg&index=4&feature=plcp
http://www.youtube.com/watch?v=B1PQhYVjCPk&list=UUpwvZwUam-URkxB7g4USKpg&index=4&feature=plcp
12-06-09 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisis
"Organized State Crime" is a subject of growing interest, both theoretically and practically. Racketeering in the state and US courts by judges, attorneys, and financial institutions is an essential part of the current crisis, which is often under-reported. The electronic record systems (Sustain, PACER, CM/ECF) of the courts provide prime evidence of the RICO enterprises in the courts, particularly in cases involving banks under the current financial crisis.View as PDF: http://www.scribd.com/doc/
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Bank of America's Brian Moynihan, US Judge (NYSD) Jed Rakoff, SEC Chair Mary Schapiro.SEC v Bank of America Corporation (1:09-cv-06829) in the US District Court, Southern District of New York, is one of the best documented cases of racketeering in a US court, to cover up criminality underlying the current crisis. [1] Lomas v Bank of America () in the Superior Court of California, County of Los Angeles, is one of the best documented cases of racketeering by Bank of America, its attorneys a state judge. [2] Additional cases of racketeering by Countrywide (Bank of America) that gained national publicity include Borrower Sharon Dianne Hill () [3] in the US Bankruptcy Court, PA, and Borrower William Parsley in the US Bankruptcy Court, Tx. [4] Bribing of state and US judges by financial institutions must be a serious concern. [5]Links:[1] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
Racketeering in the state and US courts is an essential part of the current crisis, which is often under-reported.
1) Theoretical PerspectiveIn criminological theory, the notion of racketeering by government is self-evident. It is formally categorized as "Organized State Crime".
Historically, the courts were a chief area for inflicting Organized State Crime on the People. Through the courts one may abuse specific individuals, groups, or all, under the color of law.
More:[1] Case of Jezebel, Ahab, and citizen Naboth, who owned a piece of real estate, which the royal couple coveted. (1 Kings 21)
[2] 02-01-00 Stealing From the People: Corruption in Indonesia; Book 2: The Big Feast - Soldier, Judge, Banker, Civil Servant; Edited by Richard Holloway
http://www.scribd.com/doc/
2) Precedents of Suing Government under RICOThe LAPD was sued under Civil RICO in the aftermath of the Rampart Scandal (1998-2000). Eventually the case was thrown out on the claim that Civil RICO is permitted only when harm is done to business, and the harm in that particular case was bodily. (I.E., If police maims you as part of its RICO enterprise, you have no Civil RICO remedy. However, if police burns your business as part of its RICO enterprise, you may have Civil RICO remedy).
The US is unique among "Western Democracies" in the number of Criminal RICO prosecutions of judges. State of Federal judges have been prosecuted in: San Diego (CA), San Jose (CA), Cook County (IL), Luzerne County (PA). There is a "sealed" prosecution going on in El Paso (TX), which smells like RICO, even if it is not called that.
More:
[1] See below original message by Neil Gillespie
[2] See case of Dydzak v Dunn et al, where the former Chief Justice of California Ronald George and others are named defendants in a complaint of racketeering.
12-05-02 Dydzak v. Dunn et al (30-2012-00558031) in the California Superior Court, County of Orange - First Amended Complaint
http://www.scribd.com/doc/
3) More on RICO:RICO was written in broad terms. To state a claim, a plaintiff must allege four elements: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.[1] Each element of a RICO claim requires additional analysis: an “enterprise” is marked by association and control; a “pattern” requires a showing of “continuity”continuous and related behavior that amounts to, or poses a threat of, continued criminal violations; and “racketeering activity” involves the violation of designated federal laws.[2]
In addition, a civil RICO plaintiff must allege that it was injured in his business or property “by reason of” a violation of RICO’s substantive provisions.[3] This “by reason of” language provides the basis for the proximate cause requirement, established by the Supreme Court in Holmes and amplified in Anza [4]and Mohawk Indus [5].
More:
[1] See Kenda Corp. v. Pot O’Gold Money Leagues, Inc., 329 F.3d 216, 233 (1st Cir. 2003).
[2] See Giulliano v. Fulton, 399 F.3d 381, 388 (1st Cir. 2005).
[3] 18 USC § 1964(c).
[4] Anza v. Ideal Steel Supply Corp., 2006 DJDAR 6857 (June 5, 2006)
[5] Mohawk Indus., Inc. v. Williams 126 S. Ct. 2016 (2006).
4) And even more on RICOA RICO Federal Prosecutor's workbook can be found online, which takes you step by step in outlining the evidence for RICO claims.
5) RICO in the courtsThe typical conduct here is of an organized group of judges, clerks, and sheriffs, on the one hand, and Countrywide and its affiliated "loan originators" on the other; the enterprise is the use of the court setting for conducting robbery under the guise of legitimate court actions, and at the same time intimidating and retaliating against a victim/informer/witness; the pattern - is actions such as yours, through clerks that sent notices, or compiled records into a completely fraudulent court file, and racketeering activity here consisted of predicated acts per 18 USC 1961 related to robbery per state law, mail fraud per 18 USC §1341, wire fraud per 18 USC §1343, financial institution fraud 18, USC §1344, obstruction of justice 18 USC §1503, retaliating against a witness, victim, or an informant 18 USC §1513, engaging in monetary transactions in property derived from specified unlawful activity 18 USC §1957.
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Reuters (Jan 22, 2012)
http://www.scribd.com/doc/
* About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 million by 2013 Bloomberg (January 2011)
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." http://www.scribd.com/doc/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) http://www.scribd.com/doc/
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?* "What goes on there is more like gulags of centuries ago."ACLUhttp://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/
6) The electronic record systems (Sustain, PACER, CM/ECF) as prime evidence of RICO in the courtsThe electronic record systems of the courts (Sustain, PACER, CM/ECF) provide unique evidence, relative to RICO, e.g.,
a) The fraud in the systems is organized, system wide. It is not a case of sporadic production of a fraudulent document.
b) The fraud is well documented.
c) The fraud in the systems is central in concealing the conduct of the enterprise under the front of the courts, with judges, clerks, attorneys, all performing their roles in the enterprise.
d) Each issuance of fraudulent minutes, order, or judgment should be considered at least a couple of Predicated Acts per RICO. Therefore, the number of Predicated Acts in each case of simulated litigation is staggering.
More:
[1] 12-03-15 PRESS RELEASE: Evidence of widespread corruption of the US courts and proposed corrective measures submitted to the US House of Representatives
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
7) Racketeering in the courts as a key element of the current financial crisis.Large-scale fraud in the courts under the current financial crisis, has been repeatedly reported by media, but hardly addressed by government.[1] Criminality, pertaining to banking regulation, has likewise been repeatedly reported, but hardly, if ever, prosecuted by government. [2]SEC v Bank of America Corporation (1:09-cv-06829) in the US District Court, Southern District of New York, is one of the best documented cases of racketeering in a US court, to cover up criminality underlying the current crisis. [3] Lomas v Bank of America () in the Superior Court of California, County of Los Angeles, is one of the best documented cases of racketeering by Bank of America, its attorneys a state judge. [4] Additional cases of racketeering by Countrywide (Bank of America) that gained national publicity include Borrower Sharon Dianne Hill () [5]in the US Bankruptcy Court, PA, and Borrower William Parsley in the US Bankruptcy Court, Tx. [6] Bribing of state and US judges by financial institutions must be a serious concern. [7]Today, the indemnity for criminality, both past and future, vested in Bank of America and other financial institutions, is probably their most valuable intangible capital asset. However, this asset only works for the benefit of management, and against the interests of shareholders and all who do business with these criminal enterprises. [8]
More:
[1] 11-02-24 Foreclosure Fraud Settlements- Compilation of Media Reports
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
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http://www.scribd.com/doc/
http://www.scribd.com/doc/
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[8] 12-01-30 Vistas in Legal-Economic Theory: Perpetual corporate immunity as a majorintangible capital asset and a driving force in socio-economic development, or lack thereof
http://www.scribd.com/doc/
______________
Original message by Neil Gillespie
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/
Racketeering in the state and US courts is an essential part of the current crisis, which is often under-reported.
1) Theoretical PerspectiveIn criminological theory, the notion of racketeering by government is self-evident. It is formally categorized as "Organized State Crime".
Historically, the courts were a chief area for inflicting Organized State Crime on the People. Through the courts one may abuse specific individuals, groups, or all, under the color of law.
More:[1] Case of Jezebel, Ahab, and citizen Naboth, who owned a piece of real estate, which the royal couple coveted. (1 Kings 21)
[2] 02-01-00 Stealing From the People: Corruption in Indonesia; Book 2: The Big Feast - Soldier, Judge, Banker, Civil Servant; Edited by Richard Holloway
http://www.scribd.com/doc/
2) Precedents of Suing Government under RICOThe LAPD was sued under Civil RICO in the aftermath of the Rampart Scandal (1998-2000). Eventually the case was thrown out on the claim that Civil RICO is permitted only when harm is done to business, and the harm in that particular case was bodily. (I.E., If police maims you as part of its RICO enterprise, you have no Civil RICO remedy. However, if police burns your business as part of its RICO enterprise, you may have Civil RICO remedy).
The US is unique among "Western Democracies" in the number of Criminal RICO prosecutions of judges. State of Federal judges have been prosecuted in: San Diego (CA), San Jose (CA), Cook County (IL), Luzerne County (PA). There is a "sealed" prosecution going on in El Paso (TX), which smells like RICO, even if it is not called that.
More:
[1] See below original message by Neil Gillespie
[2] See case of Dydzak v Dunn et al, where the former Chief Justice of California Ronald George and others are named defendants in a complaint of racketeering.
12-05-02 Dydzak v. Dunn et al (30-2012-00558031) in the California Superior Court, County of Orange - First Amended Complaint
http://www.scribd.com/doc/
3) More on RICO:RICO was written in broad terms. To state a claim, a plaintiff must allege four elements: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.[1] Each element of a RICO claim requires additional analysis: an “enterprise” is marked by association and control; a “pattern” requires a showing of “continuity”continuous and related behavior that amounts to, or poses a threat of, continued criminal violations; and “racketeering activity” involves the violation of designated federal laws.[2]
In addition, a civil RICO plaintiff must allege that it was injured in his business or property “by reason of” a violation of RICO’s substantive provisions.[3] This “by reason of” language provides the basis for the proximate cause requirement, established by the Supreme Court in Holmes and amplified in Anza [4]and Mohawk Indus [5].
More:
[1] See Kenda Corp. v. Pot O’Gold Money Leagues, Inc., 329 F.3d 216, 233 (1st Cir. 2003).
[2] See Giulliano v. Fulton, 399 F.3d 381, 388 (1st Cir. 2005).
[3] 18 USC § 1964(c).
[4] Anza v. Ideal Steel Supply Corp., 2006 DJDAR 6857 (June 5, 2006)
[5] Mohawk Indus., Inc. v. Williams 126 S. Ct. 2016 (2006).
4) And even more on RICOA RICO Federal Prosecutor's workbook can be found online, which takes you step by step in outlining the evidence for RICO claims.
5) RICO in the courtsThe typical conduct here is of an organized group of judges, clerks, and sheriffs, on the one hand, and Countrywide and its affiliated "loan originators" on the other; the enterprise is the use of the court setting for conducting robbery under the guise of legitimate court actions, and at the same time intimidating and retaliating against a victim/informer/witness; the pattern - is actions such as yours, through clerks that sent notices, or compiled records into a completely fraudulent court file, and racketeering activity here consisted of predicated acts per 18 USC 1961 related to robbery per state law, mail fraud per 18 USC §1341, wire fraud per 18 USC §1343, financial institution fraud 18, USC §1344, obstruction of justice 18 USC §1503, retaliating against a witness, victim, or an informant 18 USC §1513, engaging in monetary transactions in property derived from specified unlawful activity 18 USC §1957.
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Reuters (Jan 22, 2012)
http://www.scribd.com/doc/
* About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 million by 2013 Bloomberg (January 2011)
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." http://www.scribd.com/doc/
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) http://www.scribd.com/doc/
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/
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WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?* "What goes on there is more like gulags of centuries ago."ACLUhttp://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/
6) The electronic record systems (Sustain, PACER, CM/ECF) as prime evidence of RICO in the courtsThe electronic record systems of the courts (Sustain, PACER, CM/ECF) provide unique evidence, relative to RICO, e.g.,
a) The fraud in the systems is organized, system wide. It is not a case of sporadic production of a fraudulent document.
b) The fraud is well documented.
c) The fraud in the systems is central in concealing the conduct of the enterprise under the front of the courts, with judges, clerks, attorneys, all performing their roles in the enterprise.
d) Each issuance of fraudulent minutes, order, or judgment should be considered at least a couple of Predicated Acts per RICO. Therefore, the number of Predicated Acts in each case of simulated litigation is staggering.
More:
[1] 12-03-15 PRESS RELEASE: Evidence of widespread corruption of the US courts and proposed corrective measures submitted to the US House of Representatives
http://www.scribd.com/doc/
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7) Racketeering in the courts as a key element of the current financial crisis.Large-scale fraud in the courts under the current financial crisis, has been repeatedly reported by media, but hardly addressed by government.[1] Criminality, pertaining to banking regulation, has likewise been repeatedly reported, but hardly, if ever, prosecuted by government. [2]SEC v Bank of America Corporation (1:09-cv-06829) in the US District Court, Southern District of New York, is one of the best documented cases of racketeering in a US court, to cover up criminality underlying the current crisis. [3] Lomas v Bank of America () in the Superior Court of California, County of Los Angeles, is one of the best documented cases of racketeering by Bank of America, its attorneys a state judge. [4] Additional cases of racketeering by Countrywide (Bank of America) that gained national publicity include Borrower Sharon Dianne Hill () [5]in the US Bankruptcy Court, PA, and Borrower William Parsley in the US Bankruptcy Court, Tx. [6] Bribing of state and US judges by financial institutions must be a serious concern. [7]Today, the indemnity for criminality, both past and future, vested in Bank of America and other financial institutions, is probably their most valuable intangible capital asset. However, this asset only works for the benefit of management, and against the interests of shareholders and all who do business with these criminal enterprises. [8]
More:
[1] 11-02-24 Foreclosure Fraud Settlements- Compilation of Media Reports
http://www.scribd.com/doc/
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[8] 12-01-30 Vistas in Legal-Economic Theory: Perpetual corporate immunity as a majorintangible capital asset and a driving force in socio-economic development, or lack thereof
http://www.scribd.com/doc/
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Original message by Neil Gillespie
-------- Original Message --------
Subject: Courts and Judges as enterprises under RICO, the Racketeer Influenced and Corrupt Organizations Act
Date: Fri, 8 Jun 2012 12:16:08 -0400
From: Neil Gillespie
Hello Everyone,
RICO, the Racketeer Influenced and Corrupt Organizations Act, may be a remedy for the lawlessness that is sweeping our courts and nation. Last week I moved for reconsideration in the U.S. Court of Appeals under RICO, as set forth below.
We owe a debt of gratitude to Florida attorney Mary Alice Gwynn who sued The Florida Bar under RICO in April 2008, see Lanson v. The Florida Bar, case no. 9:08-cv-80422-WJZ, U.S. District Court, S.D. of Florida. Although the case was voluntarily dismissed, it was a brave first step. Ms. Gwynn was recently suspended from practice by the Florida Bar in retaliation. But since Ms. Gwynn sounded the alarm in 2008, Florida attorney Scott Rothstein was prosecuted for a $1.2 billion ponzi scheme under RICO, and Florida attorney David J. Stern improperly dumped 100,000 foreclosure cases on the courts, points made in my motion for reconsideration in the U.S. Court of Appeals.
Some of you reading this may also have a civil cause of action under RICO, see the links below.
On May 22, 2012 the Florida Supreme court denied without comment my motion for reconsideration in case SC11-1622. That ended any hope that the Florida courts would lawfully adjudicate this matter. The order and motion are on Scribd at the link. http://www.scribd.com/doc/96198449
On May 7, 2012 the U.S. Court of Appeals for the Eleventh Circuit in a related case denied my motions to consolidate two related appeals, denied leave to proceed in forma pauperis, denied appointment of counsel, etc. The order in C.A.11, 12-11028-B is on Scribd at the link http://www.scribd.com/doc/96197551
In response to the above, I moved for reconsideration in the U.S. Court of Appeals May 30, 2012 arguing that the federal courts have jurisdiction under the RICO act, the Racketeer Influenced and Corrupt Organizations. The motion is on Scribd here http://www.scribd.com/doc/95369974
A related notice of May 31, 2012 as to in forma pauperis is on Scribd here http://www.scribd.com/doc/95571084
All told there are 18 related cases in the matter of Gillespie v Barker, Rodems and Cook PA. A list of the cases is on Scribd here http://www.scribd.com/doc/95369691
As set forth in my motion for reconsideration (paragraph 9), governmental units, such as the New York City Civil Court, may be "enterprises" within the meaning of RICO. United States v. Angelilli, 660 F. 2d 23 (C.A.2 1981). A court may be an enterprise within the meaning of RICO. United States v. Bacheler, 611 F.2d 443, 450 (3dCir.1979) (Philadelphia Traffic Court). Judges and lawyers may be "enterprises" within the meaning of RICO. U.S. v. Limas, 1:11-cr-00296, U.S. District Court, Southern District of Texas, Brownsville (Indictment of Judge Abel C. Limas March 29, 2011). http://www.scribd.com/doc/95369974/
I encourage anyone interested to read about RICO on Wikipedia, and the Cornell Legal Information Institute site. Again, some of you reading this may have a civil cause of action under RICO. Here are some highlights.
According to Wikipedia, "RICO provides for criminal penalties and a civil cause of action for racketeering acts performed as part of an ongoing enterprise." "Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes - 27 federal crimes and 8 state crimes - within a 10-year period can be charged with racketeering." http://en.wikipedia.org/wiki/Racketeer_Influenced_and_ Corrupt_Organizations_Act
According to Wikipedia, "RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts."
According to Wikipedia, "There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers"." "Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages)."
The Cornell Legal Information Institute has the hyperlinked text of RICO here http://www.law.cornell.edu/uscode/text/18/part-I/chapter- 96
Attorney George Robert Blakey originally drafted RICO, and he is currently a law professor at Notre Dame. According to Wikipedia, "G. Robert Blakey remains an expert on RICO" http://en.wikipedia.org/wiki/G._Robert_Blakey
Here is a link to Professor Blakey’s page at Notre Dame. Last week I emailed Professor Blakey with a link to my motion to reconsider under RICO but he did not reply.http://law.nd.edu/people/faculty-and-administration/ teaching-and-research-faculty/ g-robert-blakey/
Under 18 USC § 1965(a), a RICO civil action or proceeding against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs. As I argued to the U.S. Court of Appeals, the ends of justice in this matter may require RICO civil proceedings instituted in a venue outside Florida and the Eleventh Circuit.
As of the time of this email, both my cases in the U.S. Court of Appeals are active, and no decision has been made as to a cause of action under RICO. The cases are appeal number 12-11028-B, and appeal number 12-11213-C.
Thank you for your support.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
email: neilgillespie@mfi.net
Justice Network website: http://yousue.org/
Scribd: http://www.scribd.com/ngillespie