Showing posts with label victim. Show all posts
Showing posts with label victim. Show all posts

Saturday, February 14, 2015

Death Row Moratorium... with Rule 1.6 Awareness

How do you explain to a governor that the prisoner on death row faces no real risk of execution, because an injustice may only be concealed where there is no risk of death. If we learn of intent to execute, we may no longer conceal the injustice and any fraudulent efforts which have concealed it.
Rule 1.6 Confidentiality of Information.


If you want to conceal something evil, put it inside something boring.


The previous post about the Pennsylvania District Attorneys started out 'light' - some humor at the grand drama. Lady with a crazy face asking if they had no self recognition or perception... and it finished with a breakdown of the District Attorneys who have failed me personally. It was through their inaction that I realized the loss of any protections under the law. Every crime reported to the township police, the county detectives, or the DA's office was ignored outright OR the response was that their boss instructed them to do nothing.

There was no doubt about the crimes. BUT, they would not say any reason for NOT investigating/prosecuting. Car theft, identity theft, custody violations, burglary - involving minor children, computer intrusions, home intrusions, private investigators, fraud, false allegations to police, ... and more. ALL committed against me and IGNORED at the direction of the District Attorney.

The reports of corruption and constitutional violations of several judges when reported to township police went nowhere. The evidence of the court documents PROVING their crimes were ignored because that person is a judge and if a cop takes the complaint, the judge will retaliate. Yes, I understand that, they are retaliating against me for surviving their retaliation.

Improperly enacted and unconstitutional - ONE LAW
has undermined the judiciary and usurped their authority
while mandating confidentiality and excusing fraud to prevent exposure.
Rule 1.6 Confidentiality of Information.


fermanI have no admiration for Risa Ferman. I find her involvement with childrens aid organizations a potential for conflict of interest involving human trafficking and placing children in jeopardy. As a judge, she would have more ability to conceal lawlessness and corruption. Her record indicates failure to enforce the law while concealing judicial corruption. Why would she be any different with MORE power and less oversight? Her failures since 2008, demonstrates no understanding of good and bad, right and wrong and selective disregard for constitutional rights and the rule of law.

The District Attorneys usurped the authority of the Sheriff - the Chief Law Enforcement Officer in the County - and began referring to themselves as Chief Law Enforcement Professional in the County. The authority of the Sheriff was diminished out of necessity. The Sheriff was the only non-lawyer in law enforcement with authority to investigate and arrest - their jurisdiction pre-dates the constitutions and is only affected when specifically indicated within a law that the sheriff has restrictions or limitations regarding enforcement. Otherwise, The Chief Law Enforcement Officer has full authority while relegated to transporting prisoners and guarding the hostages who occupy the bench. They need protection because they have no independence, no jurisdiction, no power, BUT still present the illusions while denying justice without explanation.

It was easy and discreet to convince the Sheriffs of diminished authority than to re-write every law, or amend the constitution. November 25, 1997, the Attorney General informed the sheriffs. There were cases brought to courts where case law was misrepresented to substantiate the ruling - THAT then became the cited case. The Judiciary decides what the constitution does and does not mean - they are permitted to error. This time because it was necessary to remove the last remaining non-lawyer with any authority from law enforcement. Where the judiciary could not remove the corrupting law without violating it, they concealed it.

Rule 1.6 Confidentiality of Information


Rule 1.6 CONFIDENTIALITY OF INFORMATION controls and maintains the non-disclosure and silence of lawyers and legal professionals. It does so without regard for the effect on the constitutional rights of litigants without obligation to abide by the law while its collateral effect prevents disclosure, mandates confidentiality and excuses fraud to conceal fraud to conceal fraud... all confidential to them, while known to the litigant, they are obligated to IGNORE..

Once a victim experiences judicial corruption and injustice, Rule 1.6 prevents the rule of law and constitutional rights. FOREVER.

Rule 1.6 victims faces only 3 possible outcomes... 1) Homeless/Destitute 2) Incarcerated and 3) Suicide. There can be no life when a person can be attacked at any time and have no recourse, no protection, no escape. It's unimaginable and hard to explain, because that is not supposed to even be possible. Rule 1.6 is about keeping things quiet.

WHY THE HUBBUB, BUB?


The moratorium on executions and the review of Death Row Cases requested by the Governor was explained - multiple hearings mis-used courts and stalling processes occurring post sentencing. The exoneration of prisoners nationwide has been a shock.

PROSECUTORIAL IMMUNITY. The law allows prosecutors to do anything to get a conviction - within or outside the law, the prosecutor can't be prosecuted for such crimes, deliberate or intentional or malicious or corrupt. Those issues are reported to the Disciplinary Board and IGNORED.

Where Prosecutors are protected from prosecution, why would they respond to Gov Wolf's announcement as they have done.
    - Aggressive.
    - Misinformation.
    - Disinformation.
    - Indicating a Cause For Public alarm and fear.
    - Listing the major reported crimes - sentenced and not yet heard.
    - Calling out the police widows - their grief is not a tool - it is disrespectful to upset them with misinformation.
    - The tweets suggesting the governor lacks authority, or is acting like a king,

the extremes of their grandstanding are absurd. They know what is at stake.

The 'worst kept secret in Pennsylvania', where the lawyers can't explain the law which mandated their confidentiality and non-disclosure while mandated to non-disclosure and confidentiality by the law.

The Silence of Rule 1.6 is not something to ignore while lawyers are allowed to lie to get you to ignore it.



The public knows who is on death row. Once they are there, no one cares. No one gives a damn about anyone in prison. If a person in prison has anyone who does care, that person is required to explain to everyone everywhere. They know most don't listen or give a damn how they waste their time trying to exonerate any prisoner. Against those incredible odds, it has happened. More frequently than is acceptable. How does a society apologize to a man improperly jailed for decades, subjected to the indignities of prison life, the disrespect by everyone??? Society is grateful those select winners have not been angry and retaliated. In itself, that's remarkable.

The Governor is seeking a conversation which the District Attorneys cannot have and are not permitted to explain.

The Attorney General has a court order preventing investigations, prosecutions and involvement and is not permitted to explain.



The Governor has made no accusation or expectation for the review. He explained his reasons.

His attorney general is afflicted by court orders - secret orders from unidentified courts which expose her to personal liability and REQUIRE her neglect of the duties of her office but deny any explanation.

The Attorney General cannot share the orders, ... are they secret, or imaginary? Pennsylvania Courts do not operate like that. The courts are transparent and open, which reinforces their judicial independence to reach just and lawful decisions.

The Governor asked about the people in prison who no one cares about.
The Attorney General is moot with an overactive imagination, or secret orders indicating she is fearful of speaking.
The District Attorneys are paranoid and highly confrontational and calling names.

THE DA's have clearly over reacted... WHY?

"What's not being said" - IS the issue.



I'm sane (with papers) permit me to explain because it all started when I found this one bad law. Rule 1.6 I call it the needle in the haystack of injustice. I'm allowed to talk and have done so often to excess. Here goes...

THE AFFECT OF ONE LAW


Rule 1.6 Confidentiality and Non-Disclosure results in the victims of injustice losing all protection of the law and their rights secured and protected by the US Constitution are ignored. IGNORED by every in law enforcement, lawyers and the courts.

This casual open neglect by judges and prosecutors is reported everywhere by people who don't understand why the judges and lawyers are getting away with it.

Lawyers don't like to take some cases, because they have no chance of winning where they are required to maintain CONFIDENTIALITY and cannot explain the injustice. If they get hit with litigation from a client, the judge realizes their misconduct was due to Rule 1.6 confidentiality and lets the lawyers slide. The realization likely occurred in an ex parte conversation.

The injustice grows... from the first instance. Rights were lost at that point. Never regained. Everything ignored to conceal the error/crime/injustice. The lawyers are getting paid anyway until the person runs out of money. Self representing while fraud is permitted to conceal fraud puts a litigant in a court where the only person needing justice is the person denied it to conceal prior injustice without explanation.

It's not buddy lawyer and buddy judge. Rule 1.6 mandated non-disclosure and confidentiality even conceals fraud to conceal fraud. It is not personal. It is not what you said, or what you did not say. You cannot affect the continued injustice you receive. Every lie ever told may be offered as explanation while they are not permitted to disclose the truth.

    Rule 1.6 requires non-disclosure of acts in the furtherance of fraud to conceal fraud. The fraudulent efforts to cover up the injustice are required to be kept confidential. The fraud cannot be prosecuted because it, and effort to conceal it, must remain confidential.


    Rule 1.6 requires non-disclosure of information which would rectify the fraud and efforts to conceal are permitted endorsed excused and held confidential.


To the victim of injustice, there is no escape from further injustice. Escape can be imagined. But the reality can occur at any moment where the prior injustice can be leveraged for further injustice WHILE REQUIRED TO BE CONCEALED. It's bad because there was no way out then. You cannot control it. They cannot control it. If someone uses it, you will lose every time. They cannot say why. (Most don't know why it works, they just know it works.) It may undermine the remainder of your life. #INJUSTICE #CORRUPTION

Most people are safe. Injustice is not supposed to occur, the judge is responsible to guard against it. Often, lawyers negotiate the situation into something else entirely, an agreement. The victim of injustice is ALWAYS in jeopardy. You have no protection of the law. People may commit crimes against you and suffer no consequences. Not paranoia, this is reality.

The protection of the law and civil/human/constitutional rights are things which you only seek when you need them. EVERYONE KNOWS THE BASICS. BUT, most do not know that there's a LAW which makes it OK to ignore, and REQUIRES that the law and your rights be ignored. IF you get any explanation, it can be horseshit (fraud in the furtherance). If it didn't make sense. The law excuses every non-sensical illogical misinformation when concealing injustice. The person making it up is under no obligation to tell you truth when the law says they can't reveal the injustice.


ONLY ONE CONDITION VOIDS CONFIDENTIALITY


The victim of injustice may not be killed.

The victim of injustice may not be killed. Disclosure is MANDATED in that instance. ALL PRIOR CONFIDENTIALITY AND NON-DISCLOSURE IS NOT APPLICABLE.

But as long as the victim of injustice is not to be murdered or killed, Rule 1.6 confidentiality is aggressively enforced.

Suicides do not void confidentiality.
- You may be tormented to that decision by non-disclosed fraud and injustice. It's the choice of the person to commit suicide. It is not murder. Suicide does not end Rule 1.6 Confidentiality and non disclosure... it only stops further injustice.
.
If the victim is dead already, there's no disclosure permitted. Confidentiality starts to conceal at that initial injustice. #Ferguson
- So when a lawyer misguides a grand jury about an innocent victim being shot, the lies, misinformation and disinformation are permitted. It is called fraud in the furtherance to conceal prior injustice/fraud/corruption.

THE PENNSYLVANIA DA's REACTION


The injustice described above is concealed according to the law. That law applies to lawyers and legal professionals ONLY. They must follow the law, unless the KNOW that it is unconstitutional to them.

Unconstitutional to you does not provide standing for a lawyer to challenge the constitutionality. The lawyer can't litigate unconstitutional to you while the law is the law; because, the law requires non-disclosure and confidentiality of lawyers.

You could do it yourself, BUT the court staff follow the law and they can intercept and interfere. The judge may not ever see it, or
you.

YOU DID NOTHING TO CAUSE THIS PROBLEM. Most likely, when the trigger occurred, you were not informed at all. Everything just stopped being lawful.

Everyone must follow the law.

Confidentiality prevents District Attorneys from any effort to remove the law.
District Attorneys follow the law. The DA's did not enact the law, and they cannot change the law.

How do you explain to a governor that the prisoner is on death row and faces no real intention to execute the death sentence.


An Injustice is keeping the prisoner on death row alive. BUT, if we learn of intent to execute, we may no longer conceal an injustice and any fraudulent efforts which conceal it.

So maybe they don't belong on death row? Under Rule 1`.6 we can't say unless he's going to be killed.
What was the Injustice? We can;t say. Rule 1.6 mandates non-disclosure and confidentiality.

By not executing a prisoner on death row and where there is no real intent to kill the prisoner, Rule 1.6 Confidentiality and non-disclosure conceals fraud and injustice.

Keeping a victim of injustice alive on death row permits RULE 1.6 to conceal the 'fraud' that there is no real intent to execute.

THE PEOPLE ON DEATH ROW WHO MAY NOT FACE THE REAL RISK OF EXECUTION COULD BE VICTIMS OF CONCEALED RULE 1.6 INJUSTICE AND FRAUD TO COVER IT UP.

While there is no intent to kill, non-disclosure and confidentiality are mandated.

The Secrets are safe, unless the victim is going to be killed.


A PRISONER ON DEATH ROW



Where a prisoner on death row has been there for a prolonged time and no execution has been scheduled, the liklihood of there being an undisclosed injustice or corruption involved in the case is very strong.

EVERYONE MUST FOLLOW THE LAW... and lawyers and legal professionals are following Rule 1.6.

Lawyers cannot have anything to do with the review of the case? We can, but we would have to conceal the corruption and injustice. It would be kind of pointless I suppose.

NOW EXPAND THE LAW DOWN TO ALL PRISONERS



Rule 1.6 may concealing the injustice of a person who lost protection of the law, and their rights, and is incarcerated.

NOW EXPAND TO ALL PEOPLE



Rule 1.6 may concealing the injustice of a person who lost protection of the law, and their rights. Likely destitute/homeless as any crimes could take everything they owned and be ignored.

The cruelty of Rule 1.6 is that it prevents justice by mandating silence to keep the victim under attack, and prevents their death which would relieve them of further misery.



IT HAPPENED. IT IS HAPPENING EVERYWHERE.RE


Where the lawyers silently conceal the courts injustice and corruption, there is no protection of the law and constitutional rights are ignored.

KIDS FOR CASH... thousands of families, children jailed, no law no rights.

COMMISSION REPORT... lawyers mandated to not reveal Rule 1.6 Confidentiality failed to see the silence was mandated by law.

Foreclosures based on fraudulent documents... lawyers silently observed the courts injustice. Once the fraud was committed in the court, it could not be addressed.

The lawyer could conceal their client, non-existent or who could be themselves, forging fraudulent documents, all frauds in the furtherance of fraud prevented the rule of law and constitutional rights. Preventing prosecution where it would expose the injustice and corruption.

Could this be why no one was prosecuted during the Foreclosure Crisis, while robo-signed fraudulent documents were known to have been used, yet the courts allowed the foreclosures. Where lack of standing was ignored to conceal injustice.

Rule 1.6 INJUSTICE is the Constitutional Crisis Americans are witnessing.

If you want to hide something evil, do it inside something boring.



THEY CAN'T DO THAT! YOU KNOW THEY DID.


RULE 1.6 IS THE LAW. It is an aggressively enforced mandate of Confidentiality and Non-Disclosure.

Rule 1.6 trumps every law - no protection under the law.

Rule 1.6 trumps every right and privilege secured and protected by the US Constitution.

Rule 1.6 is Confidentiality concealing injustice from which there can be no relief.
- Lawyers cannot help you while mandated to participate against you.

Purporting to be necessary, and ethical, it is often suggested to be only "attorney-client privilege", but is far broader and cross referenced throughout the 'Rules'. One law enacted in each state which must be followed by federal attorneys and investigators and is part of the local rules in federal courts.

The Constitutional Challenge of Rule 1.6 - GOT 1.6'd


The District Court was unprepared for the pro se litigant with evidence proving Rule 1.6 UNCONSTITUTIONAL
- Dismissed. Unsigned, Unsubstantiated. Fraud in the furtherance by lawyer in the clerks office.

The Third Circuit Court of Appeals affirmed and did not permit Reconsideration.
- Affirmed. Reconsideration Denied. Unsigned. Efforts to witness the delivery of the case to the judges resulted in the US Marshalls being called. The Marshalls were already aware of the 'problem' - like the sheriffs have been convinced of diminished responsibilities

Rule 1.6 Challenge got Rule 1.6'd.

The Constitutional Challenge was pre-emptory, and intended to prevent the corruption and loss of integrity within the higher PA courts.

Not until the lower court cases were before the Superior Court of PA did Rule 1.6 play before out before our eyes in Superior Court.
The supporting evidence of unconstitutionality occurred in the lower courts, and the Attorney General notified that it would be involved in the Appeal.

UNCONSTITUTIONAL DEMONSTRATION IN SUPERIOR COURT


The Central Legal Staff demonstrated a judiciary held hostage. The activities of the court staff - violations of Appellate Rules, PA law and interfering with the administration of the courts, obstruction of justice, et al. The actions were on the record. While every document must be submitted through the staff, the dismissals and responding documents were clearly not the product of the judiciary .Unsigned and violating the judicial canons, neglecting applicable law. When challenged for evidence of judicial involvement, failure to comply and failure to explain would indicate Rule 1.6 non-disclosure.

Using Rule 1.6 to conceal their violation of my constitutional rights, PROVED THE UNCONSTITUTIONAL AFFECT OF THE LAW. Rule 1.6 had the collateral affect of denying a litigant of constitutionally protected rights and privileges and denied the protection of the law.

WHY DIDN'T THE JUDGES COVER FOR THEIR STAFF?


Where the lower court acted in the clear absence of subject matter jurisdiction, in violation of Pennsylvania law, and issued a defective and void order, obstructed a primary appeal, failed to provide court records, et al. there would not be any availability of absolute judicial immunity. This judge neglected every aspect , and prevented any resolution. She retaliated with cruelty, and irreparable damage. She's exposed 20 judges ion the lower court to the loss of immunity. Yes, there were 20 judges in the matter. No, not rich. Destitute now. Just didn't suicide, like he was supposed to.

If the Superior Court Judiciary concealed up for the actions of the staff, they faced liability due to the lack of absolute judicial immunity caused in the lower court.

The level of fraud in the furtherance in Healy v Healy may have been very extreme. So much so that it caused him to discover Rule 1,6 was at the center of everything. 8-9 years now, and going...

Criminal Complaints


Requests for signed documents were ignored, the court informed of the offenses/complaint, and complaints sent to the Us Attorney and the District Attorney of Philadelphia and Bucks County, and the Attorney General of PA, and others.

Appellate procedure/law required the Pennsylvania Attorney general be notified of the challenge to the constitutionality of the law being an element of the appeal. Healy v Healy(Carluccio), Healy v Healy(Page) and Healy v Miller(Weilheimer) were some of the appeals.

Two unidentified court orders from unidentified courts silence the AG, and prevent her investigation and responsibilities of her office. They are under appeal. Little is known about the documents. There is also a grand jury issue which is silencing the attorney general - from Montgomery County - same as Healy v Healy and Healy v Miller.

There are documents entered into the dockets and removed which have not been provided to the parties. The Court responded with an Order, but did not copy the Appellant. Requests for production of the documents are DENIED. No Signatures.

The Attorney General now well informed of the unconstitutional effect, Rule 1.6 is no law, and provides no mandate for confidentiality and non-disclosure as a lawyer. HOWEVER, two secret court orders from two unidentified courts mandate her silence. They must be followed until appealed and removed.

There is no allowance for the courts to issue secret orders on cases which are not heard obligating person who are not a party to the action.

The law is the law until it is not the law.

Until declared unconstitutional or suspended by the legislature, Rule 1.6 permits fraud to conceal fraud. Rule 1.6 conceals fraud in the furtherance or to prevent rectifying the fraud, so secret court orders must be followed.

Without necessity to adhere to an unconstitutional law, the courts have issued two secret court orders which must be obeyed until they are stricken on appealed. The court orders mandate the participation of Kathleen kane in the violation of constitutional protected rights from which there can be mo immunity or protected from demands for releif. A conspiracy to deny and prevent constitutional rights is created and evidenced by the documents. The orders require Kathleen Kane to violate her oath of office and the responsibilities and duties of the Office of the Attorney General. The Orders prevents her from exposing the documents or discussion.

While ther has been no official confirmation of the documents relating to my cases or appeals, the possibility of coincidence is null.

Powerful secret orders... summed up by Kathleen Kane as follows:

    “I am shocked at the level of public corruption.”

    “I am shocked at how deep it goes.
    I am shocked at how powerful it is.
    I have never seen anything like this. It’s breathtaking.
    It has been described by the people familiar with what is happening as shameful.”

    “But, if this can be done to me as Attorney General, the chief law enforcement officer of the 5th largest state in the country, I am sickened to think what can and may be done to regular, good people who don’t have the resources that I have to challenge it.”


The DA's know what the Governor may find.


The DA's know what the Governor may find. They will not be permitted to explain. Innocent persons on death row with no escape. The inability to explain, silenced by LAW, will be unacceptable, and embarrassing and revealing. Rule 1.6 will be further exposed to the pubic, but not by lawyers.

Those who attack the silenced Attorney General will be seen under a different perspective.

So far, THE DA's have failed to investigate and prosecute the Superior Court Staff. IGNORED pursuant to Rule 1.6.

They are participating in a conspiracy to deny constitutional rights, based on a law which when proven unconstitutional involves them in the federal crime. They are refusing to investigate and prosecute the crimes and the unconstitutional acts. Their professional responsibilities creates a personal liability.

They continue to participate in a conspiracy to deny constitutional rights, a federal offense, because of their participation in preventing constitutional rights.

THERE IS NO EXCUSE for denying a person of the constitutional rights, or participating in a conspircy to deny rights.

Yes, the law gets very spun around under Rule 1.6

WHO WROTE THIS UNCONSTITUTIONAL ABOMINATION?


There is no legislative immunity available for the authors who were not member of the legislature, or those supreme courts who improperly enacted and unconstitutional law.

Rule 1.6 was enacted nationwide from 1984 to 2009, promoted by the American Bar Association as a code of ethics while they knew it lacked ethics - they removed the 'fraud provisions' - their membership and affiliates exist in every jurisdiction of state and federal courts.

While enacted by the state supreme courts, they could not repeal according to their own law.

The judiciary have been held hostage ever since. Concealed by their participation which sacrifices their integrity, the injustice caused by the inability to escape a law which was their undoing. Lawyers preventing the judges from escape when the unconstitutional law was challenged.

The ABA is a trade organization with its purpose to promote the profession. They earned their membership piles of money, at the cost of the professional reputation. Injustice is a goldmine. Justice - not so much.

Holding the judiciary hostage after they violated the public trust and leveraging continued injustice for Americans in violation of the US Constitution where it benefited their members financially. The sedition of the American Bar Association will go down as the biggest scandal in US history... as soon as we can discuss it. The lawyers are not talking, and not allowing the courts to address the issue.

Justice is Coming.

Did anyone else notice that the Attorney General had no comment on the moratorium? The Chief Law Enforcement Officer? The lawyer who represents the Governor and the Commonwealth?

Do you suppose those secret court orders extended somehow to prevent effort which will expose Rule 1.6 in any way? There is no explanations for her failure to address the issue in Superior Court FOR THE THREE APPEALS and others.

Documents submitted on her behalf in the Constitutional Challenge create a liability for her for conspiring to prevent the constitutional rights of EVERY AMERICAN. The lawyers removed 55 attorneys general from the challenge docket AND the appeal.

One heck of a PERSONAL liability builds while the court orders are appealed. So that's why she got those high falootin lawyers... thje whole country has her in their sights, and the courts are creating her liability, preventing her actions and silencing her.

It's a shame the courts and lawyers cannot say anything of this Rule 1.6
unless they recognize it is unconstitutional. Secret court may need to print alot of secret orders. Secretly of course.

Darryl Metcalfe - Kanes got bigger concerns than bigots trying to impeach her. Seems you are continuing to prevent and obstruct constitutionally protected rights, and lamenting a proven unconstitutional law.

Standing can be tricky... It is personal. It requires direct effect. I had it and it was dismissed anyway, Rule 1.6'd.

A Report on Death Row could reveal cases... possibly standing for the Gov?

Or maybe just the evidence the Legislature needs to suspend the law.
Constitutionally The Legislature has the only authority to suspend the law.
PLEASE STOP ASKING the judiciary committees - they are lawyers mandated to commit fraud in the furtherance to conceal it.



greenleafThat's why Stewart Greenleaf refuses to talk to me, and his office was informed of the terror of my divorce for years. He knew the terror... so it had to be a law that made him ignore a constituent begging for help. Me finding Rule 1.6 after 7 years of litigation harassment and terror show Greenleaf is not a total ass, he just a corrupt evil politician that helped hide this for 30 years.

stephensTodd Stephens believes people don't have constitutional rights unless the judge says so. He made me laugh. How many years did he work with District Attorney Bruce Castor to become that misinformed? Lawyer Stephens wins Funniest Fraud in the Furtherance. Where it made him out to be completely and totally stupid, he was just being a disrespectful asshole because the law required it.

Are you stupid, or are you a lawyer
(committing fraud on the furtherance)
who thinks that I am?



Still waiting for that meeting with the other local officials...
How am I ever going to litigate against all of those people who conspired to deny my constitutional rights? even when not excused by an unconstitutional law? I'm ashamed for them... on the wrong side of an egregious rape of the public trust and unwilling to save the judiciary from their captors and restore their integrity.
I wasn't trying to gain defendants, I wanted you to do your job, follow your oath. Why did you get into politics if you didn't believe in the US Constitution? Did the lawyers scare you off? Do you realize HOW HUGE this issue is?
WatsonQuinnstephensdavispetrigallowaymurtsantarsierofarryclymerdigirolamooneillharpermenschtomlinsonmcilhinneygreenleaf
fitzpatrickcaseytoomey


intimidation5Rep. Katherine M. Watson
Rep. Marguerite Quinn
Rep. Todd Stephens
Rep. Tina Davis
Rep. Scott Petri
Rep. John T. Galloway
Rep. Thomas Murt

intimidation_tool_01_smRep. Steven J. Santarsiero
Rep. Frank Farry
Rep. Paul Clymer
Rep. Gene DiGirolamo
Rep. Bernie O’Neill
Rep. Kate Harper

images (3)Sen. Bob Mensch
Sen. Robert Tomlinson
Sen. Charles McIlhinney
Sen. Stewart Greenleaf

IntimidationCongressman Mike Fitzpatrick
Senator Bob Casey
Senator Pat Toomey

Tuesday, February 10, 2015

If you don't believe that Rule 1.6 happened... Look to Oklahoma

oklahomaThe word out of Oklahoma this week is the introduction of a Bill in their Legislature to prevent prosecution for abuse of power by limiting the ability to prosecute exclusively to the state Attorney General.. to the exclusion of the District Attorneys.

why-kids-think-they-are-invisible-when-playing-peek-a-booWith the current effort to remove an unconstitutional law which has been concealed under the disinformation that it is 'attorney-client privilege" and where it results in devastating and inescapable loss of constitutional rights of the victim FOREVER... and where Rule 1.6 clearly demonstrates the unconstitutional ability and the defiance to being addressed - because lawyers may not reveal the TRUTH.

OKLAHOMA - Are y'all out of your ever-lovin minds?

The ABA presented Rule 1.6 a law which undermined the authority of every state judiciary and held the judiciary hostage shown by their loss of judicial independence. The ABA knew that their ethics code lacked ethics, morality and lawfulness. Against the advice of Robert Kutek who wrote the 'Rules', the ABA deliberately removed 2 fraud provisions from the law which could have prevented 30 years of injustice and unconstitutionality. Kids for Cash in Luzerne County Pennsylvania. Over 48 million forcerclosures using fraudulent anf forged robosigned documents. INJUSTICE throughout the entire US. An overwhelming realization that the Constiotution was being ignored by those who had sworn to preserve protect and defend it.

OKLAHOMA - Are y'all out of your ever-lovin minds?



Oklahoma lawmaker wants to bar DAs from charging state officials


District attorneys across Oklahoma are upset with proposed legislation that would bar them from prosecuting any state official for a public offense.

calveyOnly the attorney general could file those criminal cases, if House Bill 2206 becomes law.

“It’s a big deal to me. I’m upset and concerned,” Oklahoma County District Attorney David Prater said. “This bill creates a different class of citizens that would be protected from the normal prosecution process.”

He questioned if the bill is retaliation for his prosecutions of legislators, a judge and members of the Pardon and Parole Board.

“I am suspicious ... that is what this is really about,” Prater said.
Link to full story.




Elected and Above the Law: Bill “Would Exempt Lawmakers from Prosecution of Nearly Any Crimes”



This one is just too rich. The arrogance and absurdity is over the top.

get-out-of-jail-freeGranted, most of the political class is already de facto above the law to begin with.

But now, a lawmaker in Oklahoma has introduced a bill to officially give most lawmakers, judges, appointees and holders of high office immunity from prosecution.

Link to Full Story


Saturday, January 31, 2015

Mail Fraud

MAIL FRAUD AND WIRE FRAUD


Prosecution Policy Relating to Mail Fraud and Wire Fraud

Prosecutions of fraud ordinarily should not be undertaken if the scheme employed consists of some isolated transactions between individuals, involving minor loss to the victims, in which case the parties should be left to settle their differences by civil or criminal litigation in the state courts. Serious consideration, however, should be given to the prosecution of any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.
See also USAM 9-85.210 (requires prior consultation with the Public Integrity Section to use the mail or wire fraud statutes in the prosecution of election fraud cases).

Further guidance and legal analysis of issues surrounding the investigation and prosecution of frauds involving use of the mail or wire, in violation of Title 18, United States Code, Sections 1341 and 1343 can be found in the Criminal Resource Manual:


Investigative Authority

Primary investigative jurisdiction of possible violations of the mail and wire fraud statutes is vested in the Federal Bureau of Investigation. In some cases, complaints involving securities may be investigated by the Securities and Exchange Commission. In addition, the Postal Inspection Service of the United States Postal Service may initiate mail or wire fraud investigations. In both situations, the investigations are usually continued by the agency initiating the investigation. Reports of investigation are disseminated directly to the appropriate United States Attorney.


18 U.S.C. Section 1341—Elements of Mail Fraud

"There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts)." Schmuck v. United States, 489 U.S. 705, 721 n. 10 (1989); see also Pereira v. United States, 347 U.S. 1, 8 (1954) ("The elements of the offense of mail fraud under . . . § 1341 are (1) a scheme to defraud, and (2) the mailing of a letter, etc., for the purpose of executing the scheme."); Laura A. Eilers & Harvey B. Silikovitz, Mail and Wire Fraud, 31 Am. Crim. L. Rev. 703, 704 (1994) (cases cited).


The Scheme and Artifice to Defraud

The wire fraud statute was patterned after the mail fraud statutes. United States v. Lemon, 941 F.2d 309, 316 (5th Cir. 1991); United States v. Castillo, 829 F.2d 1194, 1198 (1st Cir. 1987). Thus, the same principles apply in defining "scheme to defraud" for mail and wire fraud prosecutions. See Carpenter v. United States, 484 U.S. 19, 25 n. 6 (1987) ("The mail and wire fraud statutes share the same language in relevant part, and accordingly we apply the same analysis to both sets of offenses here."); United States v. Lemire, 720 F.2d 1327, 1334-35 n. 6 (D.C. Cir. 1983) ("The requisite elements of 'scheme to defraud' under the wire fraud statute [§ 1343] and the mail fraud statute [§ 1341], are identical. Thus, cases construing mail fraud apply to the wire fraud statute as well."), cert. denied, 467 U.S. 1226 (1984).

The mail fraud and wire fraud statutes do not define the terms "scheme" or "artifice" and the courts have traditionally been reluctant to offer definitions of either term except in the broadest and most general terms. Lemire, 720 F.2d at 1335 ("Congress did not define 'scheme or artifice to defraud' when it first coined that phrase, nor has it since. Instead that expression has taken on its present meaning from 111 years of case law.").

The fraudulent aspect of the scheme to defraud is to be measured by nontechnical standards and is not restricted by any common-law definition of false pretenses. "[T]he words 'to defraud' in the mail fraud statute have the 'common understanding' of '"wrongdoing one in his property rights by dishonest methods or schemes," and "usually signify the deprivation of something of value by trick, chicane, or overreaching."'" Carpenter, 484 U.S. at 27 (quoting McNally v. United States, 483 U.S. 350, 358 (1987) (quoting Hammerschmidt v. United States, 265 U.S. 182, 188 (1924))). "The concept of 'fraud' includes the act of embezzlement, which is '"the fraudulent appropriation to one's own use of the money or goods entrusted to one's own care by another."'" Id. (quoting Grin v. Shine, 187 U.S. 181, 189 (1902)).


No Loss or Gullible Victims

"It is the scheme to defraud and not actual fraud that is required." United States v. Reid, 533 F.2d 1255, 1264 (D.C. Cir. 1976).

"No particular type of victim is required . . . nor need the scheme have succeeded." United States v. Coachman, 727 F.2d 1293, 1302-03 n. 43 (D.C. Cir. 1984).

No actual loss to the victims is required. See United States v. Pollack, 534 F.2d 964, 971 (D.C. Cir.)

"The fraud statutes speak alternatively of devising or intending to devise a scheme to defraud and do not require that the deception bear fruit for the wrongdoer or cause injury to the intended victim as a prerequisite to successful prosecution. [S]uccess of the scheme and loss by a defrauded person are not essential elements of the crime under 18 U.S.C. §§ 1341, 1343 . . . .", cert. denied, 429 U.S. 924 (1976); see also United States v. Jordan, 626 F.2d 928, 931 (D.C. Cir. 1980)

"The amount of money realized as a result of the scheme is not an essential element of mail fraud. It was not even necessary to prove that the scheme succeeded."

For a discussion of fraud loss computation in sentencing see Guidelines Sentencing (Federal Judicial Center, 1997), Section II.D.2. Offense Involving Fraud and Deceit.

"[I]t makes no difference whether the persons the scheme is intended to defraud are gullible or skeptical, dull or bright . . . . " United States v. Maxwell, 920 F.2d 1028, 1036 (D.C. Cir. 1990) (quoting United States v. Brien, 617 F.2d 299, 311 (1st Cir.), cert. denied, 446 U.S. 919 (1980)).

"[T]he monumental credulity of the victim is no shield for the accused . . ." Id. (quoting Deaver v. United States, 155 F.2d 740, 744-45 (D.C. Cir.), cert. denied, 329 U.S. 766 (1946)); cf. Pollack, 534 F.2d at 971 (To hold that actual loss to victim is required "would lead to the illogical result that the legality of a defendant's conduct would depend on his fortuitous choice of a gullible victim.") (quoted in Maxwell, 920 F.2d at 1036).


Proof of Scheme and Artifice to Defraud

To sustain a conviction the government must prove the existence of a scheme; it is not required, however, to prove all details or all instances of allegedly illicit conduct. See, e.g., United States v. Stull, 743 F.2d 439, 442 n. 2 (6th Cir. 1984) ("It is well established that proof of every allegation is not required in order to convict; the government need only prove that the scheme to defraud existed."), cert. denied, 470 U.S. 1062 (1985); United States v. Halbert, 640 F.2d 1000, 1008 (9th Cir. 1981) ("[T]he Government need not prove every misrepresentation charged conjunctively in the indictment."); United States v. Jordan, 626 F.2d 928, 930 (D.C. Cir. 1980) ("The Government is not required to prove the details of a scheme; it is, however, required to prove beyond a reasonable doubt . . . that the defendant . . . willfully and knowingly devised a scheme or artifice to defraud . . . .") (quoting with approval the trial court's instruction on § 1341); United States v. Amrep Corp., 560 F.2d 539, 546 (2d Cir. 1977)

("A scheme to defraud may consist of numerous elements, no particular one of which need be proved if there is sufficient overall proof that the scheme exists."), cert. denied, 434 U.S. 1015 (1978); Anderson v. United States, 369 F.2d 11, 15 (8th Cir. 1966) (all instances of illicit conduct need not be proved to sustain a conviction), cert. denied, 386 U.S. 976 (1967).

"All that is required is that [the defendant has] knowingly and willingly participated in the scheme; she need not have performed every key act herself." United States v. Maxwell, 920 F.2d 1028, 1036 (D.C. Cir. 1990). The "evidence need only show that defendant was a 'knowing and active participant' in scheme to defraud and that scheme involved interstate wire communications." Id. (quoting United States v. Wiehoff, 748 F.2d 1158, 1161 (7th Cir. 1984)).


McNally and Intangible Rights

In McNally v. United States, 483 U.S. 350 (1987), the Supreme Court held that the mail fraud statute does not reach "schemes to defraud citizens of their intangible rights to honest and impartial government" . . . and that the statute is "limited in scope to the protection of property rights." See Carpenter v. United States, 484 U.S. 19, 25 (1987) (quoting McNally and extending it to wire fraud statute); see also Evans v. United States, 504 U.S. 255, 292 (1992) ("[I]n McNally . . . we rejected the Government's contention that the federal mail fraud statute . . . protected the citizenry's 'intangible right' to good government . . . . ") (Thomas, J., dissenting).

In response to McNally, Congress passed Section 1346 of Title 18, United States Code, which provides that "For the purposes of this Chapter, the term 'scheme or artifice to defraud' includes a scheme or artifice to deprive another of the intangible right of honest services."

Section 1346, which became effective November 18, 1988, seemed to resolve the intangible rights issue. See Madeoy, 912 F.2d 1486, 1492 (D.C. Cir. 1990) ("McNally has been overruled by legislation."), cert. denied, 498 U.S. 1105 and 498 U.S. 1110 (1991); cf. United States v. Bush, 888 F.2d 1145, 1145-46 (7th Cir. 1989) (ex post facto concerns bar the application of section 1346 to pre-1988 conduct). In United States v. Brumley, 79 F.3d 1430, 1440 (5th Cir. 1996), petition for rehearing en banc pending, however, the court concluded that the wording of § 1346, "simply does not effect a change in the portion of the McNally opinion which held that the mail fraud statute does not reach 'schemes to defraud citizens of their intangible rights to honest and impartial government.'"


Tangible Versus Intangible Property Rights

In Carpenter, 484 U.S. 19, 25 (1987), the Court confirmed that "McNally did not limit the scope of § 1341 to tangible as distinguished from intangible property rights." The Court held that the intangible nature of "confidential business information" does not make it any less "property" protected by the mail and wire fraud statutes. Id. Carpenter accordingly distinguished intangible property rights, which were still protected by the mail and wire fraud statutes, and intangible non-property rights, which were not protected. Cf. United States v. Lemire, 720 F.2d 1327, 1336 (D.C. Cir. 1983) ("[A]lthough the scheme to defraud must threaten some cognizable harm to its target, that harm need not be a deprivation of tangible property or money; criminal fraud encompasses schemes to defraud persons of significant intangibles as well."), cert. denied, 467 U.S. 1226 (1984).

QUERY: Whether interests such as contract rights, licenses, permits, trade secrets, franchises, government grants, goodwill, market share, etc., are intangible or tangible property rights that can be the subject of a mail or wire fraud violation. See, e.g., Carpenter, 484 U.S. at 25 (suggesting that contractual right to honest and faithful services is too ethereal in itself to fall within the protection of the mail fraud statute); United States v. DeFries, 43 F.3d 707, 709-11 (D.C. Cir. 1995) (union ballots are tangible property); United States v. Henry, 29 F.3d 112, 114-15 (3d Cir. 1994) (fair bidding opportunity is not a property right); United States v. F.J. Vollmer & Co., 1 F.3d 1511, 1521 (7th Cir. 1993) ("It is well established that the government's regulatory interests are not protected by the mail fraud statute.") (citing cases concerning licenses and permits), cert. denied, 114 S.Ct. 688 (1994); United States v. Loney, 959 F.2d 1332, 1336 (5th Cir. 1992) (flight award coupons are property); United States v. Madeoy, 912 F.2d 1486, 1492 (D.C. Cir. 1990) (a FHA insurance commitment, by which the Government promises to pay the lender if the borrower defaults on the loan, is a "property interest," not an "intangible right" because it involves the Government's "control over how its money [is] spent."), cert. denied, 498 U.S. 1105 and 498 U.S. 1110 (1991). The United States Court of Appeals for the District of Columbia's decision in DeFries provides a brief survey of cases finding property interests in permits, city liquor licenses, medical licenses and other items. See generally, 43 F.3d at 709-10 and n. 2; see also Laura A. Eilers & Harvey B. Silikovitz, Mail and Wire Fraud, 31 Am. Crim. L. Rev. 703, 706-11 (1994) (discussing "traditional frauds" and "frauds involving intangible rights").

QUERY: How to determine whether an interest is property? See, e.g., United States v. D'Amato, 39 F.3d 1249, 1258 (2d Cir. 1994) (shareholder's property rights to information are defined by state law and the law of fraud); cf. Henry, 29 F.3d at 115 ("[T]o determine whether a particular interest is property for purposes of the fraud statutes, we look to whether the law traditionally has recognized and enforced it as a property right."); see also Eilers & Silikovitz, 31 Am. Crim. L. Rev. at 706 n. 19 (case cited).


Fiduciary Duty

QUERY: Whether a fiduciary duty or relationship is a necessary ingredient to frauds relating to intangible property rights. See generally Laura A. Eilers & Harvey B. Silikovitz, Mail and Wire Fraud, 31 Am. Crim. L. Rev. 703, 706 n. 19 (1994) ("Unlike traditional frauds which may arise regardless of the relationship between the defendant and the victim, frauds related to intangible rights stem from a fiduciary relationship between the defendant and the defrauded party or entity."). "At the core of the judicially defined 'scheme to defraud' is the notion of a trust owed to another and a subsequent breach of that trust." United States v. Lemire, 720 F.2d 1327, 1335 (D.C. Cir. 1983) ("But '[n]ot every breach of a fiduciary duty works a criminal fraud.'") (quoting United States v. George, 477 F.2d 508 (7th Cir.), cert. denied, 414 U.S. 827 (1973)), cert. denied, 467 U.S. 1226 (1984). But cf. United States v. Sawyer, 878 F. Supp. 279, 288-90 (D. Mass. 1995) (mail fraud statutes do not require that a public fiduciary be a participant in the scheme). It may follow that to defraud one of the "right to honest services" would generally require a fiduciary relationship that creates the right to provide or protect honest services. It does not necessarily follow, however, that the existence or protection of an intangible property right must depend upon the existence of a fiduciary relationship or duty. Nonfiduciaries can steal, embezzle and defraud others of property interests, regardless of whether the property interest is tangible or intangible. Cf. United States v. Allen, 554 F.2d 398, 410 (10th Cir.) ("While the existence of a fiduciary duty is relevant and an ingredient in some mail fraud prosecutions, . . . it is not an essential in all such cases.") (citations omitted), cert. denied, 434 U.S. 836 (1977); Eilers & Silikovitz, 31 Am. Crim. L. Rev. at 711 ("There is some debate in the Circuit Courts about whether intangible rights can be violated if they are not premised upon fiduciary duty.").

Courts have held nonfiduciaries criminally liable for frauds related to intangible rights when a co-schemer or co-conspirator was a fiduciary. See United States v. Alexander, 741 F.2d 962, 964 (7th Cir. 1984) (an intangible rights scheme is cognizable when at least one of the schemers has a fiduciary relationship with the defrauded person or entity), overruled on other grounds by, United States v. Ginsburg, 773 F.2d 798 (7th Cir. 1985), cert. denied, 475 U.S. 1011 (1986); see also Sawyer, 878 F. Supp. at 289 (describing situation of nonfiduciary) (citing United States v. Margiotta, 688 F.2d 108, 121-23 (2d Cir. 1982), cert. denied, 461 U.S. 913 (1983), and Alexander, 741 F.2d at 964).


Intent to Defraud

The government must prove that the defendant had the specific intent to defraud. See United States v. Diggs, 613 F.2d 988, 997 (D.C. Cir. 1979) ("Because only 'a scheme to defraud' and not actual fraud is required, proof of fraudulent intent is critical."), cert. denied, 446 U.S. 982 (1980); see also United States v. Costanzo, 4 F.3d 658, 664 (8th Cir. 1993) (intent is an essential element, inquiry is whether defendants intended to defraud); United States v. Porcelli, 865 F.2d 1352, 1358 (2d Cir.) (specific intent requires intent to defraud, not intent to violate the statute), cert. denied, 493 U.S. 810 (1989); cf. United States v. Reid, 533 F.2d 1255, 1264 n. 34 (D.C. Cir. 1976) ("Proof that someone was actually defrauded is unnecessary simply because the critical element in a 'scheme to defraud' is 'fraudulent intent,' Durland v. United States, 161 U.S. 306 . . . (1896), and therefore the accused need not have succeeded in his scheme to be guilty of the crime."); United States v. Bailey, 859 F.2d 1265, 1273 (7th Cir. 1988) (court held that there must be sufficient evidence that the defendant acted with intent to defraud, that is, "willful participation in [the] scheme with knowledge of its fraudulent nature and with intent that these illicit objectives be achieved." (quoting United States v. Price, 623 F.2d 587, 591 (9th Cir. 1980), cert. denied, 449 U.S. 1016 (1980), overruled on other grounds by, United States v. DeBright, 730 F.2d 1255 (9th Cir. 1984)), cert denied, 488 U.S. 1010 (1989).


Proof of Fraudulent Intent

"The requisite intent under the federal mail and wire fraud statutes may be inferred from the totality of the circumstances and need not be proven by direct evidence." United States v. Alston, 609 F.2d 531, 538 (D.C. Cir. 1979), cert. denied, 445 U.S. 918 (1980). Thus, intent can be inferred from statements and conduct. United States v. Cusino, 694 F.2d 185, 187 (9th Cir. 1982) (citing United States v. Beecroft, 608 F.2d 753, 757 (9th Cir. 1979)), cert. denied, 461 U.S. 932 (1983). Impression testimony, that is, testimony of victims as to how they had been misled by defendants, is admissible to show an intent to defraud. See Phillips v. United States, 356 F.2d 297, 307 (9th Cir. 1965), cert. denied, 384 U.S. 952 (1966). Also consider complaint letters received by defendants as relevant to the issue of intent to defraud. The inference might be drawn that, since the defendant knew victims were being misled by solicitation literature and other representations, the continued operation of the business despite this knowledge showed the existence of a scheme to defraud.

Fraudulent intent is shown if a representation is made with reckless indifference to its truth or falsity. Cusino, 694 F.2d at 187. In addition, "[f]raudulent intent may be inferred from the modus operandi of the scheme." United States v. Reid, 533 F.2d 1255, 1264 n. 34 (D.C. Cir. 1976) ("[T]he purpose of the scheme 'must be to injure, which doubtless may be inferred when the scheme has such effect as a necessary result of carrying it out.") (quoting United States v. Regent Office Supply Co., 421 F.2d 1174, 1180-81 (2d Cir. 1970) (quoting Horman v. United States, 116 F. 350, 352 (6th Cir.), cert. denied, 187 U.S. 641 (1902))). "Of course proof that someone was actually victimized by the fraud is good evidence of the schemer's intent." Id. (quoting Regent Office Supply Co., 421 F.2d at 1180-81). In United States v. D'Amato, the court explained the government's burden of proving fraudulent intent as follows:

The scheme to defraud need not have been successful or complete. Therefore, the victims of the scheme need not have been injured. However, the government must show "that some actual harm or injury was contemplated by the schemer." Because the defendant must intend to harm the fraud's victims, "[m]isrepresentations amounting only to a deceit are insufficient to maintain a mail or wire fraud prosecution." "Instead, the deceit must be coupled with a contemplated harm to the victim." In many cases, this requirement poses no additional obstacle for the government. When the "necessary result" of the actor's scheme is to injure others, fraudulent intent may be inferred from the scheme itself. Where the scheme does not cause injury to the alleged victim as its necessary result, the government must produce evidence independent of the alleged scheme to show the defendant's fraudulent intent.
39 F.3d 1249, 1257 (2d Cir. 1994) (citations and footnote omitted) (holding that the government failed to produce legally sufficient evidence of criminal intent).



Use of Mailings and Wires in Furtherance of the Execution of the Scheme

"The federal mail fraud statute does not purport to reach all frauds, but only those limited instances in which the use of the mails is a part of the execution of the fraud, leaving all other cases to be dealt with by appropriate state law." United States v. Schmuck, 489 U.S. 705, 710 (1989) (quoting Kann v. United States, 323 U.S. 88, 95 (1944)); accord United States v. Coachman, 727 F.2d 1293, 1302 n. 43 (D.C. Cir. 1984) ("The offense of mail fraud demands proof of a scheme to defraud which, at some point, is intentionally furthered by use of the mails.").

"It is not necessary that the scheme contemplate the use of the mails as an essential element." Pereira v. United States, 347 U.S. 1, 8 (1954); Durland v. United States, 161 U.S. 306, 313 (1896) (proof of specific intent to use the mails on the part of defendants need not be proven). "It is sufficient for the mailing to be 'incident to an essential part of the scheme,' . . . or 'a step in [the] plot' . . . . " Schmuck, 489 U.S. at 710-11 (citations omitted); cf. United States v. Diggs, 613 F.2d 988, 998 (D.C. Cir.) ("[A]lthough the schemer need not 'contemplate the use of the mails as an essential element,' the mailings must be sufficiently closely related to [the] scheme to bring his conduct within the statute.") (footnote omitted), cert. denied, 446 U.S. 982 (1980); United States v. Alston, 609 F.2d 531, 538 (D.C. Cir. 1979) ("For conviction under the mail fraud statute, the mails must be used 'for the purpose of executing' the fraudulent scheme, and not merely 'as a result of' such scheme.") (quoting Kann, 323 U.S. 88), cert. denied, 445 U.S. 918 (1980).

As in the case of mail fraud, a wire transmission may be considered to be for the purpose of furthering a scheme to defraud if the transmission is incident to the accomplishment of an essential part of the scheme. United States v. Mann, 884 F.2d 532, 536 (10th Cir. 1984). Moreover, it is not necessary to show that the defendant directly participated in the transmission, where it is established that the defendant caused the transmission, and that such use was the foreseeable result of his acts. United States v. Gill, 909 F.2d 274, 277-78 (7th Cir. 1990); United States v. Jones, 554 F.2d 251, 253 (5th Cir.), cert. denied, 434 U.S. 866 (1977) (cases cited); United States v. Wise, 553 F.2d 1173 (8th Cir. 1977).

The gist of the offenses is not the scheme to defraud, but the use of the mails or interstate wire communication. See United States v. Garland, 337 F. Supp. 1, 3 (N.D. Ill. 1971); see also United States v. Gardner, 65 F.3d 82, 85 (8th Cir. 1995) ("The use of the post office establishment in the execution of the alleged scheme to obtain money by false pretenses is the gist of the offense which the statute denounces, and not the scheme to defraud.") (quoting Cochran v. United States, 41 F.2d 193, 197 (8th Cir. 1930)), cert. denied, 116 S.Ct. 748 and 116 S.Ct. 1044 (1996); United States v. Lebovitz, 669 F.2d 894, 898 (3d Cir.) ("The gist of the offense of mail fraud is the use of mails by someone to carry out some essential element of the fraudulent scheme or artifice."), cert. denied, 456 U.S. 929 (1982). Accordingly, each use of the mails (in the case of mail fraud) and each separate wire communication (in the case of wire fraud) constitutes a separate offense, i.e., each mailing and/or wire transmission can constitute a separate count in the indictment. See, e.g., United States v. Pazos, 24 F.3d 660, 665 (5th Cir. 1994) (mail fraud); United States v. Rogers, 960 F.2d 1501, 1514 (10th Cir.) (each use of mails is separate offense), cert. denied, 506 U.S. 1035 (1992); United States v. Castillo, 829 F.2d 1194, 1199 (1st Cir. 1987) (wire fraud).


Proof of Mailings and Transmissions

The mailing or wire communication may be proven by circumstantial evidence. See, e.g., United States v. Griffith, 17 F.3d 865, 874 (6th Cir.), cert. denied, 115 S.Ct. 149 (1994); United States v. Bowman, 783 F.2d 1192, 1197 (5th Cir. 1986) (mailings performed in the course of the bank's customary practices) (citing United States v. Ledesma, 632 F.2d 670, 675 (7th Cir.), cert. denied, 449 U.S. 998 (1980)); United States v. Brooks, 748 F.2d 1199, 1202-03 (7th Cir. 1984) (introduction of envelope). But see United States v. Hannigan, 27 F.3d 890, 895 (3d Cir. 1994) (defendant's statement that he received check was insufficient to prove check was sent through the mails).

"To constitute a violation of [§ 1341] . . ., it is not necessary to show that [defendants] actually mailed . . . anything themselves; it is sufficient if they caused it to be done. Pereira v. United States, 347 U.S. 1, 8 (1954) (citing 18 U.S.C. (Supp. V) § 2(b)); United States v. Kenofskey, 243 U.S. 440, 443 (1917) ("Cause" is used "in its well-known sense of bringing about . . . ."); accord United States v. Diggs, 613 F.2d 988, 998 (D.C. Cir.) ("One must 'cause' the mails to be used" to satisfy the element of "use of the United States mails 'for the purpose of executing the scheme.'") (quoting United States v. Maze, 414 U.S. 395, 400 (1974) (quoting Kann v. United States, 323 U.S. 88, 94 (1944), cert. denied, 446 U.S. 982 (1980). The government need show only that the defendant "caused" the mailing by acting "with knowledge that the use of the mails follow in the ordinary course of business, or where such use can reasonably be foreseen, even though not actually intended." Pereira, 347 U.S. at 8-9.


"'[I]nnocent' mailings - ones that contain no false information - may supply the mailing element." United States v. Schmuck, 489 U.S. 705, 715 (1989) (citing Parr v. United States, 363 U.S. 370, 390 (1960)). Moreover, the elements of mail fraud may be satisfied where the mailings have been routine. Mailings that may lead to the uncovering of the fraudulent scheme may also supply the mailing element of the mail fraud offense. Id. ("The relevant question at all times is whether the mailing is part of the execution of the scheme as conceived by the perpetrator at the time, regardless of whether the mailing later, through hindsight, may prove to have been counterproductive and return to haunt the perpetrator of the fraud.").


Conspiracy to Violate the Mail Fraud or Wire Fraud Statutes

Where a scheme and artifice to defraud is shared by two or more, it becomes a conspiracy to defraud. The essential elements of conspiracy to commit mail fraud or wire fraud in violation of 18 U.S.C. § 371, are (1) an agreement between two or more persons; (2) to commit mail fraud or wire fraud; and (3) an overt act committed by one of the conspirators in furtherance of the conspiracy. See United States v. Brumley, 79 F.3d 1430, 1442 (5th Cir. 1996) (citing United States v. Hatch, 926 F.2d 387, 393 (5th Cir.), cert. denied, 500 U.S. 943 (1991)); United States v. Massey, 827 F.2d 995, 1001 (5th Cir. 1987); United States v. Gordon, 780 F.2d 1165, 1170 (5th Cir. 1986)). "Conspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense." Massey, 827 F.2d at 1001 (quoting Ingram v. United States, 360 U.S. 672, 678 (1959)).

As in any conspiracy, it is sufficient that the defendant knowingly joined the conspiracy in which wire fraud or mail fraud was a foreseeable act in furtherance of the conspiracy. United States v. Leahy, 82 F.3d 624 (5th Cir. 1996) (citing United States v. Basey, 816 F.2d 980, 997 (5th Cir. 1987) (holding that once a defendant's knowing participation in a conspiracy has been established, "the defendant is deemed guilty of substantive acts committed in furtherance of the conspiracy by any of his criminal partners")).


Venue in Mail Fraud

Generally, 18 U.S.C. § 3237(a) provides that in cases where the offense was begun in one district and completed in another, venue may be laid in any district through which the offense was continued.

Section 1341, however, has its own "built-in" venue provisions. The locus of the offense under section 1341 has been carefully specified; and only the acts of "placing", "taking" and "causing to be delivered" at a specified place have been penalized. Venue should therefore be placed according to the specific prohibitions of section 1341, irrespective of section 3237(a). See Travis v. United States, 364 U.S. 631, 636-37 (1961) ("[V]enue should not be made to depend upon the chance use of the mails, when Congress has so carefully indicated the locus of the crimes."). The locus for mail fraud prosecutions is specifically set forth in section 1341; since Congress has "otherwise expressly provided," section 3237 is inapplicable to mail fraud.

Accordingly, venue must be charged in either (1) the district in which the letter was placed in the mail by the defendant; (2) the district in which the defendant took or received the letter from the mails; or (3) the district in which the defendant knowingly caused a letter to be delivered according to the direction thereon. Hagner v. United States, 285 U.S. 427 (1932)); see also United States v. Turley, 891 F.2d 57, 60 (3d Cir. 1989) (government conceded that section 3237 is not applicable to mail fraud).

Several decisions, citing as authority the provisions of section 3237(a), have held that venue for mail fraud prosecutions also lies in any district through which the count letter passed. Section 3237(a) must, however, be read in light of the constitutional requirements and the explicit provisions of section 1341.


Defenses—Statute of Limitations

The statute of limitations for mail fraud and wire fraud prosecutions is five years (18 U.S.C. § 3282), except for mail and wire fraud schemes that affect a financial institution, in which case the statute is ten years (18 U.S.C. § 3293).

COMMENT: Consider that a scheme may extend back beyond the limitations period; the gist of the offense is the use of the mails, and if the prohibited use of the mails was within the period, the prosecution is timely. See O. Obermaier and R. Morvillo, White Collar Crime: Business and Regulatory Offenses, § 9.04[5], at 9-67 (Rel. 2, 1991) (citing cases); cf. United States v. Garfinkel, 29 F.3d 1253, 1259 (8th Cir. 1994) (mail fraud scheme may continue after mailing). That a scheme may extend back beyond the limitation period does not preclude prosecution of an offense committed in furtherance of the scheme within the period.


Defenses—Good Faith

Good faith is recognized as a defense to a charge of mail or wire fraud. See, e.g., United States v. Casperson, 773 F.2d 216, 223 (8th Cir. 1985). For a discussion of the defense of good faith and the entitlement of jury instructions on this issue, see Green v. United States, 474 U.S. 925 (1985); see also Laura A. Eilers & Harvey B. Silikovitz, Mail and Wire Fraud, 31 Am. Crim. L. Rev. 703, 719 (1994) (and cases cited).




Drafting a Mail Fraud and/or Wire Fraud Indictment

The Criminal Division has published a collection of indictment forms, Drafting Indictments most recently updated in March, 1995. These forms can be conveniently accessed and saved as word processing documents using USABook:
Mail Fraud
Mail Fraud Scheme/Artifice


Sufficiency of Indictment—Generally

Generally, Rule 7(c)(1) of the Federal Rules of Criminal Procedure requires an indictment to provide "a plain, concise and definite written statement of the essential facts constituting the offense charged." United States v. Yefsky, 994 F.2d 885, 893 (1st Cir. 1993) ("The Supreme Court has instructed that an indictment is sufficient if it contains the elements of the offense charged, fairly informs the defendant of the charges against which he must defend, and enables him to enter a plea without fear of double jeopardy.") (citing Hamling v. United States, 418 U.S. 87, 117 (1974)); see also Collins v. Markley, 346 F.2d 230, 232 (7th Cir.) (en banc) ("The sufficiency of an indictment is to be measured by certain guide lines. First, the indictment standing alone must contain the elements of the offense intended to be charged, and it must be sufficient to apprise the accused of the nature of the offense. Second, after conviction, the record of the case must be sufficient so that the accused can plead the judgment in bar of any subsequent prosecution for the same offense."), cert. denied, 382 U.S. 946 (1965).

Accordingly, a mail fraud or wire fraud indictment should contain a reasonably detailed description of the particular scheme the defendant is charged with devising to ensure that the defendant has sufficient notice of the nature of the offense. See Yefsky, 994 F.2d at 893 ("The indictment may incorporate the words of the statute to set forth the offense, but the statutory language '"must be accompanied with such a statement of the facts and circumstances as will inform the accused of the specific offense, coming under the general description, with which he is charged."'") (quoting Hamling, 418 U.S. at 117-18 (quoting United States v. Hess, 124 U.S. 483, 487 (1888))); cf. United States v. Nance, 533 F.2d 699, 702 (D.C. Cir. 1976) (noting with approval mail fraud count that specifies misrepresentations); United States v. Curtis, 506 F.2d 985, 990 (10th Cir. 1974) (citations omitted) (dismissing mail fraud indictment that excludes false pretenses).

In Yefsky, the court held that the indictment was defective in that it did not provide the defendant with adequate notice of the charge (conspiracy to commit mail fraud) against him. 994 F.2d at 993 ("Where guilt depends so crucially upon . . . a specific identification of fact, . . . cases have uniformly held that an indictment must do more than simply repeat the language of the criminal statute.") (citing Hamling, 418 U.S. at 118).

In Curtis, the court stated the following in considering the sufficiency of the allegations contained in an indictment charging mail fraud:

Mere evidential matters or detail more appropriate in bills of particular need not be pleaded in an indictment based upon 1341. [citations omitted] But as these cases demonstrate, some substantial indication of the nature or character of any scheme or artifice to defraud, or to obtain money or property by means of false pretenses, representations or promises is requisite. And it is not sufficient in this regard to merely plead the statutory language. [citations omitted] A reference to the cases cited first above will disclose that in each instance the nature of the schemes or artifices is identified or described, including the particular pretenses, representations or promises claimed to have been false.

506 F.2d at 989-90 (holding that the indictment, which pleaded little more than the statutory language without any fair indication of the nature or character of the scheme or artifice relied upon, or the false pretenses, misrepresentations or promises forming a part of it, was fatally defective); see also United States v. Crummer, 151 F.2d 958 (10th Cir. 1945) ("While the particulars of the scheme are matters of substance and therefore must be described with a degree of certainty sufficient to show its existence of character, and fairly to acquaint the defendant with the particular fraudulent scheme charged against him, still the scheme itself need not be pleaded with all the certainty in respect of time, place, and circumstance requisite in charging the mailing of the letter or other matter.") (allegations of the scheme held to be sufficient), cert. denied, 327 U.S. 785 (1946); cf. United States v. Azad, 809 F.2d 291, 295 (6th Cir. 1986) ("What distinguishes this indictment from the indictment found defective in [Curtis], . . . is the clear and specific description of the fraudulent scheme found in the present indictment. The indictment before us does provide some 'substantial indication of the nature or character' of the scheme involved, and 'the scheme itself need not be pleaded with all the certainty in respect of time, place, and circumstance requisite in charging the mailing of the letter or other matter.'" ) (quoting Curtis, 506 F.2d at 990), cert. denied, 481 U.S. 1004 (1987); United States v. Adamo, 534 F.2d 31, 35 (3d Cir.) ("The Curtis indictment was so vague that trial might have proceeded upon an entirely different concept of the scheme than that contemplated by the grand jury when it returned the indictment. By contrast, the indictment in this case explicitly outlines the elements of the fraudulent plan."), cert. denied, 429 U.S. 841 (1976).


Sufficiency of Indictment—Victims and Loss

Victims of the fraud do not have to be identified by name in the indictment. United States v. Mizyed, 927 F.2d 979 (7th Cir.), cert. denied, 500 U.S. 937 (1991). Moreover, actual monetary loss need not be alleged. United States v. Barber, 881 F.2d 345, 348-49 (7th Cir. 1989) ("It is true that the indictment does not allege an actual monetary or economic loss to any insurance company. However, it is not necessary that an indictment charging mail fraud contain such an allegation."), cert. denied, 495 U.S. 922 (1990); see also United States v. Ginsburg, 909 F.2d 982, 988 n. 8 (7th Cir. 1990) ("McNally does not require that actual loss of money or property be alleged in the indictment."); United States v. Bucey, 876 F.2d 1297, 1311 (7th Cir.) ("[S]ince the mail fraud statute punishes the scheme to defraud, this court has reiterated on numerous occasions that the ultimate success of the fraud and the actual defrauding of a victim are not necessary prerequisites to a successful mail fraud prosecution."), cert. denied, 493 U.S. 1004 (1989).


Sufficiency of Indictment—Mailings or Transmissions in Furtherance of Scheme

"The Government need not allege the subordinate evidentiary facts by which it intends to prove the 'in furtherance' element of the crime charged, and an indictment setting out the mailings charged and alleging that they were in furtherance of the scheme should not be dismissed as insufficient on its face unless there is no conceivable evidence that the Government could produce at trial to substantiate its 'in furtherance' allegation." United States v. Castor, 558 F.2d 379, 385 (7th Cir. 1977), cert. denied, 434 U.S. 1010 (1978). In Castor, the court observed the following concerning the requirement of alleging that the mailings were in furtherance of the scheme:

The question is not whether the indictment particularly alleges sufficient facts from which a jury could find that the mailings charged were in furtherance of the scheme, but rather whether the Government conceivably could produce evidence at trial showing that the designated mailings were for the purposes of executing the scheme. United States v. Sampson, 371 U.S. 75, 76, 83 S.Ct. 173, 9 L.Ed.2d 136 (1962). The resolution of the question of whether the mailings alleged were in furtherance of the scheme must await trial "unless it so convincingly appears on the face of the indictment that as a matter of law there need be no necessity for such delay." United States v. Feinberg, 50 F. Supp. 976, 977 (E.D.N.Y. 1973), aff'd, 140 F.2d 592 (2d Cir.), cert. denied, 322 U.S. 726, 64 S.Ct. 943, 88 L.Ed. 1562 (1944).
Id. at 384-85.


Sufficiency of Indictment—Separate Offenses

Each mailing or transmission in furtherance of the scheme and artifice to defraud is a separate offense. See, e.g., United States v. Pazos, 24 F.3d 660, 665 (5th Cir. 1994)(mail fraud); United States v. Rogers, 960 F.2d 1501, 1514 (10th Cir.)(each use of mails is separate offense), cert. denied, 506 U.S. 1035 (1992); United States v. Castillo, 829 F.2d 1194, 1199 (1st Cir. 1987)(wire fraud). Accordingly, proper draftsmanship requires that only one mailing or transmission should be alleged in each count. Otherwise, the count may be duplicitous.

Because descriptions of the scheme are frequently quite lengthy, it is suggested that those descriptive paragraphs set out in full in one count be adopted and incorporated into another count by suitable reference pursuant to the provision of Rule 7(c), Federal Rules of Criminal Procedure.


Sufficiency of the Indictment—Special Considerations

Take care to charge the proper method of violation of the statute! For example, if the letter is mailed to the district of indictment from another district, be sure to charge a taking from the mails, or delivery according to the direction thereon, rather than a placing in the mail. Conversely, charge a placing in the mail in the district of indictment of a letter addressed to someone outside that district. See Hagner v. United States, 285 U.S. 427 (1932) (indictment loosely and inartfully drawn).


Statement of Policy concerning Venue in Mail Fraud Prosecutions

Department of Justice policy opposes mail fraud venue based solely on the mail matter passing through a jurisdiction.


18 U.S.C. Section 1341—Elements of Mail Fraud

"There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts)." Schmuck v. United States, 489 U.S. 705, 721 n. 10 (1989); see also Pereira v. United States, 347 U.S. 1, 8 (1954) ("The elements of the offense of mail fraud under . . . § 1341 are (1) a scheme to defraud, and (2) the mailing of a letter, etc., for the purpose of executing the scheme."); Laura A. Eilers & Harvey B. Silikovitz, Mail and Wire Fraud, 31 Am. Crim. L. Rev. 703, 704 (1994) (cases cited).



Knowingly and Willfully

The prohibition of 18 U.S.C. § 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but § 1001 does not require an intent to defraud -- that is, the intent to deprive someone of something by means of deceit." United States v. Lichenstein, 610 F.2d 1272, 1276-77 (5th Cir.), cert. denied, 447 U.S. 907 (1980). The government may prove that a false statement was made "knowingly and willfully" by offering evidence that defendants acted deliberately and with knowledge that the representation was false. See United States v. Hopkins, 916 F.2d 207, 214 (5th Cir. 1990). The jury may conclude from a plan of elaborate lies and half-truths that defendants deliberately conveyed information they knew to be false to the government. Id. at 214-15.

As used in the statute, the term "knowingly" requires only that the defendant acted with knowledge of the falsity. See United States v. Lange, 528 F.2d 1280, 1287-89 (5th Cir. 1976). As in other situations, to commit an act "knowingly" is to do so with knowledge or awareness of the facts or situation, and not because of mistake, accident or some other innocent reason. See Fifth Circuit Pattern Jury Instructions, § 1.35 (1990). Knowledge of the criminal statute governing the conduct is not required.

The false statement need not be made with an intent to defraud if there is an intent to mislead or to induce belief in its falsity. Reckless disregard of whether a statement is true, or a conscious effort to avoid learning the truth, can be construed as acting "knowingly." United States v. Evans, 559 F.2d 244, 246 (5th Cir. 1977), cert. denied, 434 U.S. 1015 (1978).

A defendant is not relieved of the consequences of a material misrepresentation by lack of knowledge when the means of ascertaining truthfulness are available. In appropriate circumstances, the government may establish the defendant's knowledge of falsity by proving that the defendant either knew the statement was false or acted with a conscious purpose to avoid learning the truth. See United States v. West, 666 F.2d 16, 19 (2d Cir. 1981); Lange, 528 F.2d at 1288; United States v. Clearfield, 358 F. Supp. 564, 574 (E.D. Pa. 1973). Proof that the defendant acted with reckless disregard or reckless indifference may therefore satisfy the knowledge requirement, when the defendant makes a false material statement and consciously avoids learning the facts or intends to deceive the government. See United States v. Schaffer, 600 F.2d 1120, 1122 (5th Cir. 1979).

The term "willfully" means no more than that the forbidden act was done deliberately and with knowledge, and does not require proof of evil intent. McClanahan v. United States, 230 F.2d 919, 924 (5th Cir. 1955), cert. denied, 352 U.S. 824 (1956); McBride v. United States, 225 F.2d 249, 255 (5th Cir. 1955), cert. denied, 350 U.S. 934 (1956). An act is done "willfully" if done voluntarily and intentionally and with the specific intent to do something the law forbids. There is no requirement that the government show evil intent on the part of a defendant in order to prove that the act was done "willfully." See generally United States v. Gregg, 612 F.2d 43, 50-51 (2d Cir. 1979); American Surety Company v. Sullivan, 7 F.2d 605, 606 (2d Cir. 1925)(Hand, J.); United States v. Peltz, 433 F.2d 48, 54-55 (2d Cir. 1970),cert. denied, 401 U.S. 955 (1971) (involving 15 U.S.C. § 32(a). See also 1 E. Devitt, C. Blackmar, M. Wolff & K. O'Malley, Federal Jury Practice and Instructions, § 17.05 (1992).


Obstructing or Impairing Legitimate Government Activity

Under 18 U.S.C. § 371, the fraud or impairment of legitimate government activity may take any of several forms:

Bribery of a government employee, kickbacks to government employees or extortion of money or favors by government employees, misrepresentations of financial capability, alteration or falsification of official records, submission of false documents; and

Obstructing, in any manner, a legitimate governmental function.


18 U.S. Code § 1342 - Fictitious name or address

Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.

Wednesday, January 28, 2015

The Terror of a Constant Threat

The recipient of Rule 1.6 injustice has no protection of the law. Their constitutional rights are ignored by the courts and law enforcement. All legal professionals are prevented from helping or doing anything to resolve ANY situation. Triggered by an act of judicial misconduct, Rule 1.6 secretly and silently undermines a litigant while attempting to conceal the injustice of a judge and protect the integrity of the judiciary.

There is no opportunity to succeed in a court. Without the rule of law and while constitutional rights are being ignored, survival is the best possible outcome - - BUT the victim does not know that and arrives in court... Prepared. Researched. Documented. Properly executed. Procedures followed. Yet, the victim leaves court battered and further threatened and terrified by the experience of the inexplicable actions of a corrupted court. The court provides no explanations for their injustice. Rule 1.6 Confidentiality applies.

The ONLY person in the courtroom who believes in 'the justice system' is the unwitting target who trusts it. Everyone else knows that there will be no justice. The lawyers, the judges, the court staff, the deputies observe the corruption and injustice. They witness justice. Intimidated by corruption, THEY RECOGNIZE WHEN A PROCEEDING IS A FARCE.

A FARCE. Every proceeding. For years.

In hindsight, it is clear and undeniable. Procedures are not followed. Protocol is abandoned. The law is ignored. Rights protected by the US Constitution are unavailable. Court Orders are not enforced. Only their victim is swiftly held to a stringent adherence to every procedure, protocol, law, and order. The victim must respond to and address and disprove each and every false allegation against them to survive it.

Robert Angst and Valerie Angst, the lawyers with education and a staff are excused from every failure. Their failures are deliberate. They serve to create an undercurrent of deliberate chaos. An ever increasing volume of issues to be presented. A cacophony of injustice which will 'annoy the living shit' out of the judge who knows that the entire thing is a complete farce. Angst & Angst made certain that they were protected from any backlash by a judge who ignored their every failure.

In the end, it is the document filed by Robert Angst to prevent any divorce decree from being issued 'pre-maturely' which exacerbates the procedural defect and a law deliberately constructed and enacted to assure litigants had the opportunity to be heard. Where neither party requested the entry of the divorce decree the court lacks authority and jurisdiction to enter an order. Robert Angst had filed a document indicating that a divorce decree should NOT be entered. Where neither party requested the entry of the Divorce Decree, and the Plaintiff through her lawyers indicated they did NOT want the entry of a divorce decree, Carolyn Tornetta Carluccio acted in the clear absence of subject matter jurisdiction.

The calculated actions of Angst & Angst neglected due process, procedure and law with intent. Those actions would appear to create a form of leverage whereby the judge might be lenient on their next failure. While every proceeding was pre-determined to deny any success to the hopeful victim, they were daring the judge to follow procedure and law. Sociopaths throwing the judge under the bus. By creating a 'clear absence of subject matter jurisdiction' for the judiciary, Angst & Angst were able to leverage judicial immunity for further injustice.

Absolute Judicial Immunity is provided to the judiciary even where the judicial actions of the judge…
… exceed their jurisdiction,
… are done maliciously or corruptly, or
… are flawed by grave procedural error.

THERE IS A SINGLE EXCEPTION. In order to lose immunity, there must be a clear absence of subject matter jurisdiction.

Where any judge strikes the defective and void order, they would be expose the liability of their benchmates. Angst & Angst again leverage the corruption of the judiciary and attempt to enforce a defective and void order. The Court complies with their extortion by COMPLETELY IGNORING THAT THE ORDER IS VOID AND COMPLETELY NEGLECTING THE CHALLENGE TO JURISDICTION. The terror of an 'unappealable order' which defies the attention of the court and threatens the life and liberty of the victim.

Why would there be twenty (20) judges involved in the matter of Healy v Healy? Imagine the shame and self-loathing which would occur when you are participating in a deliberate injustice, violating the trust of a litigant, a rouse to harass and terrify. Angst & Angst were doing everything possible to ensure that the judge excused and ignored enough of their wrong-doing to be identified as an active and involved participant. Those actions were being subsequently documented on the court record and were building a considerable volume of evidence.

Evidence of the procedural failures and the breach of protocol and violation of law are being presented in proceedings to enforce compliance with court orders - yet, the judge dismisses every matter without explanation. The judge can't tell the litigant that THE ENTIRE THING IS JUST A SHAM TO TERRORIZE A MAN. The judge is disgusted and just wants out. The judge's integrity is being sacrificed while Rule 1.6 prevents explanation or resolution or escape.

Where every judicial proceeding and action has been a complete sham. A performance whereby the victim is attacked again and again... because the victim survives, there will be further actions. NO ONE WILL STOP THEIR DESTRUCTIVE FARCE... Rule 1.6 allows fraud in the furtherance of fraud. Rule 1.6 does not permit disclosure to rectify the fraud. Rule 1.6 prevents every legal professional from helping.

Their 'FARCE' has denied life and liberty. Destroyed Financially. Isolated and divided family. Prevented custody and visitation. Left you unemployed, homeless and threatened with jail. Attached supporters bank accounts. Infiltrated all technology - your friends tech also. False friendships by Investigators and Informants. Required additional litigation, additional parties. Undermined an entire judiciary. Nine (9) years of my life. Prevented and denied any future relief or escape. THIS IS A DIVORCE. This is not a criminal case.

Only in the family courts can someone who has committed no crime lose everything.

WTF? I asked that in a letter to the Montgomery County Judiciary two months before I realized Rule 1.6 was the problem. There was no response.

The available resources, actions and efforts to terrorize their victim to being 1) homeless/destitute 2) incarcerated or 3) suicide are not as arbitrary as you might think. A review of documents which relate to good mental health practices when going through a stressful period demonstrates a disturbing strategy. Their litigation has been designed to undermine the target psychologically by removing or obstructing support and coping methods while isolating the victim. They are undermining emotional and mental health by directly inhibiting efforts which provide resilience.

Acting above the law without any sense of moral responsibility or social conscience they wrote a law which permitted every act against the target and prevented any escape. As long as the target is not going to be murdered, Rule 1.6 confidentiality mandates non-disclosure. Driving a target to suicide is an acceptable 'loophole'. Only a sociopath would design a system by which criminals were not permitted to kill, but permitted to bring about a suicide. Kutek would be horrified.

Lawyers rejected the 'fraud provisions' of Rule 1.6 against the prolonged debate and strong lobbying efforts of Robert Kutek while writing the code of ethical conduct for lawyers. Weeks after Kutek's sudden death in 1983, the fraud provisions were removed from Rule 1.6 and promoted by the American Bar Association to each state as an ethical standard while it's lack of ethics was inconsequential. In a clear contradiction to his legacy, the ABA refers to the committee responsible for the Rules of Professional Conduct as The Kutek Commission.

Rule 1.6 Confidentiality undermines the judiciary and every proceeding. The injustice grows while Rule 1.6 prevents resolution or escape from further actions. I would hope that my case is an extreme. My case demonstrates the broad affect of Rule 1.6 Confidentiality which prevents any remedy. It is the volume of information and experiences which lead to the discovery of the needle in the haystack of injustice. Where no explanation was offered... and no question answered... EVER. Rule 1.6 could be applied to 'justify' the silence.

Rule 1.6 non-disclosure is permitted to conceal Rule 1.6 non-disclosure. They won't say anything and won't tell you why... Rule 1.6 is permitted to be invoked without invoking it. Rule 1.6 makes it possible to break the law, commit acts in the furtherance of that fraud, undermine the integrity and independence of the judiciary, prevent exposure through further fraud AND NOT EVER INDICATE THAT RULE 1.6 is involved. Ex parte communications, letters and meetings which arrange the injustice and corruption are also Rule 1.6 Confidential.

Prevented from information and denied rights and the protection of the law, my experience may be extreme but it is not isolated or unique... Rule 1.6 is law in every state. A violation of the public trust by the Judicial branch. The judiciary are accorded respect and honor BY LAW because it is necessary for the People to trust in JUSTICE.

The American Bar Association's Rule 1.6 has leveraged the public trust to undermine the judiciary. The only folks who profit from injustice are the members of the ABA and its affiliated organizations.

THE SCANDAL OF RULE 1.6 IS BIG. VERY BIG. HUGE.

JUSTICE IS COMING.

Monday, January 26, 2015

Montgomery County: Court Ordered Obstruction of Justice

It is two Montgomery County cases which necessitated the efforts which revealed that Rule 1.6 Confidentiality of Information is unconstitutional. Most every aspect is documented in the court record.

Proving that once an act of judicial corruption or injustice occurred a litigant was deprived of any protection of the law; deprived of their constitutionally protected rights and liberties; and deprived of any resolution or remedy FOREVER. The injustice could be used (secretly) to affect and leverage any future matters which would come before the court. FOREVER. REALLY.

That injustice would also require legal professionals to ignore any future crimes committed against the victim where it might reveal that earlier judicial corruption and injustice. FOREVER. REALLY.

Statue-posterThe lawyers broke the system. Well, the lawyers had the judges break the system and THEN held the judiciary hostage and compelled them to actions which undermine the entire government.

The Constitution is not dead... it is being ignored... and those actions are concealed by an unconstitutional law improperly enacted in every state... and a federal law which requires the participation of government lawyers.

THE REASON INJUSTICE IN AMERICA IS IGNORED.



The laws is the law, but this Rule 1.6, which is aggressively enforced, requires lawyers and legal professionals to be silent.

AS THE UNCONSTITUTIONAL LAW WAS BEING PRESENTED AND DEMONSTRATED IN THE PENNSYLVANIA COURTS, THE JUDICIARY HAS ACTED TO CONCEAL THE EMBARRASSMENT AND SHAME OF THEIR EGREGIOUS VIOLATION OF THE PUBLIC TRUST.

Where the state Attorney General must be advised of the constitutional issue before the courts, two secret courts have issued two secret orders requiring the inaction of the attorney general.

Where the state Attorney General would seek to investigate further, Montgomery County has acted further to silence the attorney general and prevent investigation and prosecution of their corruption.

All efforts are about non-disclosure. It is reasonable and logical to relate the efforts to Rule 1.6 Confidentiality of Information.

Rule 1.6 is unconstitutional and has been improperly enacted by the state supreme court, the attorney general could expose the unconstitutional law without violating it.

When Rule 1.6 could no longer prevent it's own exposure to the public, the courts have acted by secret court order to mandate silence. If the attorney general speaks out about Rule 1.6, the AG would violate that court order and be sanctioned.

The secret court orders violate the constitutionally protected rights of a litigant. They will not hold up to any scrutiny on appeal, but the secret orders have provided a few more months of non-disclosure Misinformation can be used to attack the attorney general, and the court orders prevent her from any explanation or defense.

The cases in Montgomery County were so unjust. The Rule of Law ignored. Every member of the judiciary sacrificing their integrity to conceal the loss of the integrity of the prior judges. Those two cases have been before 20 members of the Montgomery County Judiciary. Those cases demonstrate the misuse of county resources and the involvement of the Superior Court authorizing intrusive surveillance. Those two cases demonstrate that the participation of EVERY legal professional was affected. They all did nothing. They all ignored everything.

After years of constant terror, the needle in the haystack of injustice was found. A Law which required legal professionals to do nothing... to ignore everything... and maintain confidentiality. A law which excused acts of fraud which were done to conceal the prior fraud. A law which allowed further acts of fraud which were done to conceal the prior fraud. A LAW THAT ONLY THE LAWYERS HAD TO FOLLOW.

A law that endorsed and concealed judicial corruption and injustice at EVERY level of the state and federal judiciary.

troy-davis-casey-anthony-justice-system-oj-simspon1The twisted corruption of the Montgomery County Judiciary has exposed sedition by the American Bar Association in every state and federally. Exposed the actions of the affiliated bar associations to interfere with the administration of the courts at every level.

The Montgomery County Judiciary blew it. HUGE.

Their corruption has exposed the reason for the Constitutional Crisis in the US.

Their corruption has exposed the reason INJUSTICE is ignored by the legal community.

A lawyer who initially had been very skeptical of the Constitutional Challenge summed it up succinctly after he reviewed the details.

"Wait until the People realize what you have discovered."



JUSTICE IS COMING.


The broad actions of the US Department of Justice since the filing of the Constitutional Challenge in August 2013 demonstrates efforts to address Rule 1.6 injustice while the matter avoids media attention and broad exposure. Those actions are recognized as interim actions which indicate the intention to do the right thing... but doing it confidentially, until this law is stricken.