Thursday, January 1, 2009

We are Proud to Announce the 2008 Pinokio Award...

                                                     

Att Jenna Moldawsky                                                           Pinokio                

RUNNERS-UP: 
1) Sandor Samuels -   former Countrywide Chief Legal Officer
2) Angelo Mozilo -   former Countrywide President/CEO/Chair
3) Judge Learned Hand - ( NOT Terry Friedman)


09-01-13. Att Jenna Moldawsky – Winner of the 2008 Pinokio Award*

As the year comes to a close, there is no doubt that Att Moldawsky deserves more than anybody else the 2008 Pinokio Award! Att Moldawsky won the award for her landmark paper:

“Non-Party Countrywide Home Loans, Inc’ Notice of Motion and Motion for Monetary Sanctions…”.**
.
“In this artful pleading, Att Moldawsky masterly crafted all possible Pinokio effects:
– Att Moldawsky purportedly represents a corporate client, but she would not answer direct questions about its identity, neither has she filed any corporate disclosure in the past six months since BOA took over Countrywide, and since Sandor Samuels and Angelo Mozilo presumably ceased to be Countrywide employees. Att. Moldawsky also filed no paper showing she was authorized by BOA, and BOA denied she was authorized.

– Att Moldawsky purportedly represents a client whom she designates “Non-Party”. By what authority and on what legal foundation she came by this party designation? Obviously it is handy in failing to report the violations of the law per Sarbanes-Oxley Act of 2002 §307, but why did the Clerk of the Court accept such filing?

– Att. Moldawsky’s paper claims to be part of a case captioned Samaan v Zernik (SC087400), of the LA Superior Court. But the offices of Presiding Judge and Clerk of the Court refuse to certify such facts.

– Att Moldawsky adequately listed no judge as being assigned the to the case on the face page. And yet, in the first sentence she noticed it to “Department J”. What legal theory led Att Moldawsky in determination of venue and jurisdiction? Maybe the fact that Mr Terry Friedman is a friend of Mr Sandor Samuels...

– Att Moldawsky’s arguments are based on a purported July 23, 2007 Order by Judge Connor, but a valid order that was issued, served, noticed, and entered in a timely manner is yet to be produced…

– Att Moldawsky included in her motion a table of authorities. How did she determine that such case is adjudged by the Law of the State of California ?

– Att Moldawsky, again, produced evidence with no authentication, and insufficient pleadings – by counsel.  

The Pinokio Award committee congratulates you, Att Moldawsky, for such unique achievement so early in your career*** – as graduate of UCLA Law School, Class of 2006. Congratulations also to your mentors at Bryan Cave, LLP, Bank of America, and Countrywide. Mr Samuels’ inspiration surely shines between your lines - his precocious student of the art of streamlining, of which he is a master – second to none…

All the best!”

* Ms Moldawsky’s unprecedented achievement was also submitted to Boing Boing – a directory of wonderful things, http://boingboing.net/.

** http://inproperinla.com/09-01-13-moldawsky-notice-of-motion-sanctions-contempt.pdf

*** We shall continue to follow and report the career developments of this promising young attoney.

Thursday, December 25, 2008

"FBI will Pursue All Allegations of Judicial Corruption Vigorously..."

In New York

Former jurist, GOP lawyer targeted in federal shakedown investigation
.
The Albany Times Union by BRENDAN J. LYONS, Senior writer - December 11, 2008

ALBANY-- A former state Supreme Court justice from Albany County was indicted Wednesday by a federal grand jury on attempted extortion and bribery charges in connection with a scandal that led to his removal from the bench two years ago. The felony indictment alleges that Thomas J. Spargo, 65, of East Berne, pressured an Ulster County attorney who had cases before him to give Spargo $10,000. The money, solicited in 2003, was intended to help defray Spargo's legal bills in connection with a state judicial panel's years-long effort to have him removed from the bench, records show. "The indictment further charges that Spargo solicited the money by causing the attorney to fear that Spargo would use his official acts and influence to harm the attorney if he was not paid and, conversely, to help the attorney if he was paid," states an FBI release announcing the indictment. The investigation of Spargo was first publicly disclosed by the Times Union in Wednesday's editions. The case is being handled by the Justice Department's Public Integrity Section in Washington, D.C., and the FBI's Albany division. "This case should demonstrate that the FBI will pursue all allegations of judicial corruption vigorously, as public corruption violations are among the most serious of all criminal conduct and can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the Albany division, in a prepared statement.

It's unclear why the case is being prosecuted by the Public Integrity Section of the U.S. Department of Justice rather than by federal prosecutors with New York's Northern District. E. Stewart Jones, Spargo's attorney, could not be reached for comment. Late Tuesday, Jones had declined to comment on the investigation.

Spargo, an expert in state election law, won an election for Berne town justice in the late 1999 and used the victory to buoy his successful bid for state Supreme Court in 2001. His victory in that election was buttressed by a cross-endorsement from the Republican and Democratic parties, which secured his name on both lines in the seven counties of the Third Judicial District. But Spargo's tenure on the bench almost immediately became clouded as the state judicial panel began examining a series of misconduct allegations. The panel determined Spargo should be removed for doling out coupons for gas and coffee and buying drinks for voters during his 1999 campaign. The panel determined this was an effort to "buy votes." Another charge sustained by the commission is that Spargo, while sitting as a town court justice, had presided in cases involving the Albany County District Attorney's Office without publicly disclosing that then-District Attorney Paul Clyne had been his client in an election law case, and still owed him $10,000. Still, "The commission's emphasis in removing Judge Spargo was on the money transactions, the attempt to get the lawyers to give him money," said Robert H. Tembeckjian, administrator and counsel for the Commission on Judical Conduct.

Spargo is scheduled to appear in U.S. District Court in Albany next week on the indictment. In May 2006, Spargo, an attorney in private practice, was removed from the bench following an approximately three-year investigation by the state Commission on Judicial Conduct. The Court of Appeals later affirmed the commission's determination that Spargo be removed. The commission's probe centered on Spargo's alleged shakedown of at least one attorney; by the fall of 2003, Spargo's legal bills to fight a removal action against him had mounted to more than $140,000, records show.
.
.
In Los Angeles
.
FBI Fails to Investigate for Almost Two Years Allegations and Abundant Evidence of Corruption Relative to the Conduct of Judges Jacqueline Connor, John Segal and Terry Friedman, in Relationship to Countrywide.
.
FBI refuses for almost 2 years to investigate well documented judicial corruption.
.
Allegations of corruption by Judge Jacqueline Connor were first reported to the Los Angeles FBI in March 2007. Later on further detailed information was provided, such as in records listed below. But even in mid 2008, Steven Goldman, Chief of the White Collar Crime Squadron explained his failure to investigate as follows: "If what you are saying is true, it is wide-spread public corruption, and well above my head."

After congressional inguiry by the Honorable Senator Diane Feinstein and the Honorable Congresswoman Diane Watson, Kenneh Kaiser, Assistant Director fo the FBI explained the failure to investigate the corruption of the LASC judges in failure to "demonstrate federal investigational jurisdiction". Kenneth Melson, Director of the U.S. Department of Justice, explained the failure of his department to take action, in concern about interference in FBI investigation.


Evidence for corruption of the court:

1) Grant Deed filed on behalf of the court by Att David Pasternak, former President of Bet Tzedek, "House of Justice" - certified as fraud.

http://inproperinla.com/07-12-17-opinion-letter-fraud-in-grant-deeds-s.pdf


2) A year and a half after judgment was purprotedly entered by Judge Connor in Samaan v Zernk, LA Superior Court Presiding Judge and its Clerk are refusing to either certify existance or certify non-existence of such judgment.

http://inproperinla.com/08-06-03-denial-of-access-book-of-judgment-jz-mccoy-letters-s.pdf


3) On July 24, 2007, Judge Connor entered a false and deliberately misleading notice of filing in the Register of Actions of Samaan v Zernik, back-dating it to the absurd date of 2004, prior to the filing of complaint in this case. With that - the position of this false notation was secured on the opening page of the records. That false notation listed Countrywide as "Real Parties in Interest".
In court, the judges to this very day are confused regarding Countrywide's party designation - "Defendant", "Plantiff", "Cross Defendant", "Intervenor", are all used interchangeably, at times two or more contradictory desigations in the same very document, all without any legal foundation at all. Counrywide itself chose to be designated "Non-Party". It is assumed that Cotunrywide, under Chief Legal Officer Sandor Samuels elected to use such fraudulent designation to cover up its participation in such sham court procedure, and avoid reporting requirements.
Then again, none of the judges in this case has ever held valid assignement order, and therefore, their actions were with no legal validity, and also with no immunity.
To resolve such complicated confusion, Defendant Zernik filed in Judge Friedman's court in early 2008 a proposal to designate Countrywide "Judge".
http://inproperinla.com/00-00-00-la-sup-ct-register-of-actions-s-v-z-aduleterations-on-page-one-sustain-s.pdf

4) The LA Superior Court maintains a fraudulent Case Management System, and its fraudulent use in Samaan v Zernik is documented in the following manuscript:

http://inproperinla.com/.0Heading-058-la-sup-ct-sustain-beyond-voting-machines-fraud-by-court-s.pdf

5) Half a year after take over of Countrywide by Bank of America, the court conveniently allows Att Moldawsky, who has so far failed to file the required corporate disclosure and any record validating her designation as an attorney by BOA to appear in court and file papers on behalf of that corporation.
Bank of America, in a show of intergrity and corporate responsibility - by phone denies that Att Moldawsky apears in its name, but refuses to issue any written notice of the identity of its counsel.
http://inproperinla.com/08-12-24-letter-to-persiding-n-clerk-s.pdf

6) Routine production of false and deliberately misleading trial court litigation records.
http://inproperinla.com/00-00-00-computers-&-the-courts-abstract-&-figures.pdf

7) Conduct of key proceedings off the record, off the calendar, including, but not limited to: Initial Case Conference, Trial Setting Conference, Disqualifications, Assignments.
Failure to ever issue an assignment order through a succession of judges, and even upon motion to such effect.
Failure to enter judgment, as required by law, while claiming to execute judgment.
http://inproperinla.com/.0Heading-075-judgments-copied-from-archives-s.pdf
http://inproperinla.com/08-06-03-denial-of-access-book-of-judgment-jz-mccoy-letters-s.pdf

8) Appointment of fraudulent “Receiver” with reference to no section of the code, no reference to judgment, and failure to enter such order as required by law.
http://inproperinla.com/08-06-24-exh-vol-v-receivership-%5B482p%5D%5Bs%5D.pdf

9) Fraudulent Grant Deed Filed by Att David Pasternak: See 1 above.

10) Separately, corruption of the LA SC could be documented also by the Blue Ribbon Review Panel 2006 report. The report describes the failure to release those falsely imprisoned in LA County as part of the Rampart scandal.

http://inproperinla.com/00-00-00-rampart-blue-ribbon-review-panel-2006-report.pdf