I Don’t Think They Ever Even Looked for Richard Merritt, While the Victims That Testified Against Him Remain in Fear

Richard-Merritt-via-Fox-5-Atlanta

Ex-Lawyer Supposed to Be In Prison for Cheating Clients, But Now He’s Wanted in His Mom’s Murder
by Alberto Luperon | 5:51 pm, February 3rd, 2019

Disbarred lawyer Richard Merritt, 44, was due in prison Friday for swindling his clients. Yet it’s two days later and he’s now wanted for allegedly killing his mother. Cops in Dekalb County, Georgia said that officers responded to a local home on Saturday morning regarding a dead person, according to The Atlanta Journal-Constitution. They found Shirley Merritt was fatally stabbed. Cops blame this on her son.

Cops said Richard Merritt might be driving his mom’s brown 2009 Lexus RX350. It features the Georgia license plate CBV6004.

The suspect shouldn’t even be out, whether or not there was a murder. The suspect was convicted of settling lawsuits without clients’ knowledge, and keeping the cash. He was sentenced last month to 15 years in prison, to be followed by an equally long stint on probation. Prosecutors say he took advantage of the elderly, and those alleging medical malpractice. This scheme affected 17 former clients. He’d lie to them about the settlements, and claim their cases were ongoing, authorities said. Prosecutors claim he forged their signatures and checks, and notary seals.

Merritt surrendered his law license last year. From the Supreme Court of Georgia in a filing dated January 29, 2018:

In his petition, Merritt, who has been a member of the Bar since 2000, admits that in February 2017 he settled a client’s personal injury matter for $75,000, but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client.

The judge in his sentencing gave him time to prepare for prison, and turn himself in by 5 p.m. on February 1. The defendant had to deal with what was described as family medical issues before serving his sentence, according to a Fox 5 Atlanta story.

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Georgia: Disbarred Lawyer Richard Merritt Jailed on Theft, Elder Abuse Charges
http://www.barcomplaint.com/attorney-theft/georgia-disbarred-lawyer-richard-merritt-jailed-on-theft-elder-abuse-charges/

The problems of Richard Merritt have come to a head with his arrest. This has been long coming has his behavior has been in question for several years.
Georgia: Disbarred Lawyer Richard Merritt Jailed on Theft, Elder Abuse Charges
Attorney Richard Merritt was disbarred Monday for pocketing a client’s $75,000 settlement and jailed Wednesday on multiple felonies.

Richard Vinson Merritt

Former Smyrna attorney Richard V. Merritt, who was disbarred Monday after admitting to settling a client’s suit for $75,000 and then pocketing the money, woke up in the Cobb County Jail Thursday after being arrested on separate felony elder abuse, theft, exploitation and check fraud charges.

The spokesperson for the Cobb County Sheriff’s Office said he had no further information on the charges, which were apparently filed by the Smyrna Police Department. The booking report includes a notation that Merritt is to be held for the Fayette County Sheriff’s Office, where a press liaison said they received a bench warrant for “indirect criminal attempt.”

He provided no further information, and there was no immediate response from Smyrna police.

On Friday, Cobb County District Attorney Vic Reynolds said there was little he could offer concerning Merritt’s case so far.

“We have yet to receive the complete investigative file from the Cobb Sheriff’s Department,” said Reynolds via email. “When we do, our White Collar Unit will begin the process of determining what charges we will proceed to the grand jury with. In addition, our Investigators will begin reviewing the file upon receipt to see if there are any additional victims or charges which need to be pursued.”

Merritt remained in jail on Friday afternoon.

Merritt is the subject of multiple civil suits in Cobb County, including one filed by a woman who claims he forged her name on a $150,000 settlement agreement and check without her knowledge. She claims Merritt never turned over any funds.

He also faces several legal malpractice and fraud lawsuits in Cobb County from clients claiming he agreed to handle their cases and then never filed them and never pursued any actions.

Merritt has represented himself in each of the lawsuits.

The attorney for a plaintiff in one case, Sapp & Moriarty partner Daniel Moriarty—interviewed before word of Merritt’s arrest was known—said he was surprised at the mild tone in the state Supreme Court’s disbarment opinion, which only said Merritt “settled a client’s personal injury matter for $75,000 but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client.”

“That’s a euphemism for stealing money,” said Moriarty. “I talked to an investigator who has seen his bank records and determined that he had stolen hundreds of thousands of dollars. It just blows my mind what he’s gotten away with.”

According the bar complaint reviewed by the Daily Report, Merritt was retained to handle a personal injury matter in December 2016 and settled it last February, cashing the forged check Feb.7. On Feb. 10, he filed a lawsuit “and continued to lead me on until late May 2017 when I learned what he had done,” the confidential complaint said.

“I have never seen a dime of the $75,000,” said Merritt’s former client.

Another civil suit filed in Cobb County State Court last year said Merritt forged a husband and wife’s signature on a settlement and check in a medical malpractice case and never told them.

Another complaint said Merritt accepted a med-mal case and continually told his client that he was investigating it. Merritt sent emails saying “All is well and we are moving forward on your case,” and “No worries I’m on it!”

Then he stopped accepting the woman’s calls, and the filing deadline passed.

In that case, Judge Maria Golick struck Merritt’s answers and ordered a damages-only trial after finding he “willfully failed to respond” to hearing notices. Golick scheduled a show-cause criminal contempt hearing, and the decision is apparently still under advisement, according to court records.

In the case Moriarty is handling, Merritt also allegedly claimed to be conducting discovery and searching for experts, even scheduling bogus depositions for his clients, only to cancel them at the last minute.

Merritt was the principal for the Smyrna-based Merritt Firm, whose offices were the subject of several dispossessory actions between 2015 and 2017, according to court records.

Last August, Merritt sued two attorneys on behalf of spine surgeon and frequent medical expert James Chappuis. At the time, Merritt said he vice president and general counsel of Chappuis’ Orthopaedic & Spine Surgery of Atlanta.

That case settled confidentially shortly after it was filed.

Source: Professional Legal Blog
Doctor Claims Patient, Lawyers Stiffed Him After Winning $700K at Trial
The doctor, who claims he’s owed more than $200,000, also testified as an expert witness at his patient’s trial.

An Atlanta spine surgeon who sometimes works as an expert witness in personal injury cases has sued a former patient and his lawyers, claiming they stiffed him on $200,000 in medical bills after netting a $700,000 jury award.

The complaint filed Monday by Dr. James Chappuis, founder and CEO of Orthopaedic & Spine Surgery of Atlanta, said he’s owed $205,323 for more than two years of treatment provided to Shin Cho. Chappuis also testified as an expert witness at Cho’s trial.

The complaint was filed by the surgery’s vice president and general counsel, Richard Merritt, and named Cho as well as his attorneys in the personal injury action, James Rice Jr. and Thomas Schaefer.

It accuses Cho of using “pressure and misrepresentation” to convince a clinic staffer to accept just $7,500 as full payment of the debt and said the lawyers paid themselves and disbursed Cho’s net award from their trust account despite knowing Chappuis was still owed.

Even the debt Cho purportedly satisfied was “erroneous” and allegedly constituted less than a quarter of the actual sum owed to the doctor, according to the complaint.

Rice denied the suit’s allegations, pointing to a May 31 letter from Chappuis’ practice, saying Cho’s $7,500 payment satisfied his “current outstanding patient balance of $43,871.01.”

“Shortly after they sent that, they contacted us to say there was a ‘bookkeeping error’ and that Mr. Cho owed more than $205,000,” Rice said. “I retained outside counsel to get advice on what to do, and we told their office we were going to disburse the funds in two weeks, and that’s what we did.”

“I also contacted the Georgia bar, and they confirmed that that was the proper way to handle it, so we did all our due diligence before we distributed the money,” Rice said.

Rice said the doctor and his practice were already paid more than $100,000 by Cho’s insurer, and “Mr. Cho candidly feels that he doesn’t owe them anything.”

Schaefer said he was out of town and had not had a chance to review the complaint but was “not really sure why I’ve been named as a party.”

“Our official quote is that we stand by the complaint as drafted,” said Merritt, declining to discuss the case further.

On May 22, Cho was awarded $700,000 for claims that he developed back pain following a minor car wreck in Gwinnett County.

Rice told the Daily Report at the time that Cho drove away from the scene. He argued Cho, who already suffered at least three previous back injuries, was an “eggshell plaintiff” for whom even a low-impact wreck was dangerous.

Last year, Cho signed a “letter of protection” with Chappuis and his practice, agreeing to pay or have his attorneys pay “all outstanding medical bills” from funds accruing from the legal action, the complaint said.

The lawyers had previously worked with Chappuis on other cases and “knew the critical importance of the medical care being provided by [Chappuis], as it related to satisfying the burden of proof in proving causation and damages, and in the effectiveness of Plaintiff Chappuis’ testimony, as both a treating physician and a medical expert,” according to the complaint.

In fact, Rice sent Chappuis a congratulatory text message after the trial, saying the jury “liked you a lot and coming across as objective helped,” while they did not “buy” the defense expert’s “nonsense.”

But on May 31, Cho went to Orthopaedic & Spine Surgery’s main office and “through deliberate pressure and misrepresentation of the facts, convinced a clerical employee to accept $7,500 in satisfaction and payment in full of an alleged $43,871.01, which was erroneous, as the amount due and owing is $205,323.70,” according to the complaint.

The complaint said that, on June 17, Chappuis’ attorney sent a cease-and-desist letter to Rice “specifically instructing him not to disburse any funds” until he and his practice had been paid. On June 30 a satisfaction of judgment was filed with the court, but Rice and Schaefer “intentionally disregarded their obligation to compensate” the plaintiffs.

The suit, filed Aug. 21, names Cho, Rice, Schaefer and the lawyers’ practices as defendants, and includes counts for fraud, negligent misrepresentation and breach of contract.

Rice said it is “unfortunate that the plaintiffs have chosen to bring both my firm and Mr. Shaefer’s firm into a matter that is moot,” and is also moot regarding Cho.

“To say the least, the lawsuit is disappointing, but in any event we will vigorously defend it, including seeking fees and costs,” Rice said.

Source: Daily Report

Name Of The Attorney: Attorney Richard Merritt
Name Of The Law Firm: Cobb County District Attorney Vic Reynolds
State: Georgia
xyz_fbap: 1
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Limbaugh on Mueller Remarks: ‘Do You Realize What an Abomination of the Justice System That Is?’

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Limbaugh on Mueller Remarks: ‘Do You Realize What an Abomination of the Justice System That Is?’
8,920
JEFF POOR29 May 20191,977
6:48

You can listen too Rush Limbaugh on the following link:
https://www.breitbart.com/clips/2019/05/29/limbaugh-on-mueller-remarks-do-you-realize-what-an-abomination-of-the-justice-system-that-is/?utm_source=newsletter&utm_medium=email&utm_term=daily&utm_content=links&utm_campaign=20190529

Wednesday on his nationally syndicated radio show, conservative talker Rush Limbaugh slammed Department of Justice special counsel Robert Mueller for his statement regarding whether or not President Donald Trump had committed obstruction of justice during his investigation of Russian interference in the 2016 presidential election.

Limbaugh called such a statement an “abomination” of the U.S. justice system.

Partial transcript as follows:

LIMBAUGH: You know, this is going to be very interesting because I went back during the break, I went back to the archives out there, and I found the attorney general on two separate occasions — they were both in the press conference — when he announced that Mueller’s report was in and that he had read the report and gave his four-page summary, it had some questions out there. The media asked questions. Of course, Mueller didn’t deign to take any questions. And we know why. Mueller doesn’t want any questions about the stuff he ignored.

Anyway. This is going to be a big bone of contention because Mueller made it plain today — in fact, I’ve got three Mueller sound bites. I’ve been looking for every reason in the world not to use ’em ’cause they just tick me off. This is going to be a big bone of contention because of what Barr has said on two separate occasions. I’ll get to what Barr has said after I play for you Mr. Integrity, Mr. Boy Scout, Mr. Honorable, Mr. Impeccable, Mr. They don’t come any better than this, Robert J. Mueller III.

MUELLER: As set forth in the report after that investigation, if we had had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the president did commit a crime. Beyond department policy we regarded by principles of fairness, it would be unfair to potentially accuse somebody of a crime when there can be no court resolution of the actual charge. So that was Justice Department policy, those were the principles under which we operated, and from them we concluded that we would not reach a determination one way or the other about whether the president committed a crime. That is the office’s final position, and we will not comment on any other conclusions or hypotheticals about the president.

LIMBAUGH: Now, he actually was more emphatic than that, even, on the Justice Department guidelines. By the way, Office of Legal Counsel is the lawyers for the lawyers. You know, DOJ is the Department of Justice, but even they have lawyers who tell the other lawyers what the law is and what procedures are, and it’s the Office of Legal Counsel that determines what the DOJ can charge and not charge. They have determined since 1979 that you cannot indict a sitting president.

And Mueller made it clear over and over again today that that’s the reason they didn’t pursue the president is because of those guidelines. Can’t indict a sitting president, so why do it? That’s why I was screaming when he said this. “What the hell was this for then?” If from the very beginning you were operating under guidelines that say you can’t accuse him, you can’t charge him, you can’t indict him, then what the hell has been going on here?

Well, Attorney General Barr on two separate occasions has said that Robert Mueller told him three different times Mueller specifically was asked by Barr, “Is your reason for not charging Trump anything to do with the Office of Legal Counsel guidelines?” And Barr says that Mueller said three times, “No, that has nothing to do with it.” Barr is on record on two occasions saying that Mueller told him three times the Office of Legal Counsel guidelines have nothing to do with his decision not to indict the president or not to link the president to crimes.

And today Mueller goes out there and says the only reason we didn’t — he implied — the only reason we didn’t is because of those guidelines. And then what else he said here? You know, I promised I was gonna drop this, but I played this sound bite and I get revved up again. “As set forth in the report after the investigation, if we had confidence the president clearly did not commit a crime, we would have said so.”

Do you realize what an abomination of the justice system that is? I say this without any partisanship or favoritism toward Trump here at all. This just turns our system of justice on its head. It really does, folks. If we had confidence the president clearly did not commit a crime, we would have said so.

How about this? “If we had confidence the president clearly did commit a crime, we would have said so.” That’s the way it’s supposed to be. “If we had evidence the president committed a crime, we would have damn well said so.” It’s not, “If we had confidence the president did not commit a crime, we would have said so.” That’s not what the job is. And then he goes on to say we couldn’t have indicted him anyway because of Justice Department guidelines.

But then this next: “We did not, however, make a determination as to whether the president did commit a crime.” Well, go tell that to Jerry Nadler and Elizabeth Warren and the rest, ’cause they sure as hell think that you have. “We did not make a determination as to whether the president did commit a crime.”

Yes, you have! You have done everything you can to imply that he did and that you just couldn’t find it! That’s what makes me so livid. This guy in his righteousness sitting here saying that “We did not make a determination as to whether the president committed a crime.”

“Beyond department policy, which is the Office of Legal Counsel guidelines, we were guided by the principles of fairness.” Ha. What an absolute crock. There hasn’t been anything fair about this from the moment it began! “It would be unfair to potentially accuse somebody of a crime when there can be no court resolution of the charge.”

That didn’t stop you from charging the Russians! They’re not gonna get their day in court because you can’t get them extradited, and you knew they weren’t gonna come face your charges. That’s why you could charge ’em with anything. You could charge them with blowing up human feces in San Francisco, and they wouldn’t come face the charges because Russia wouldn’t indict ’em.

So you charged those Russians knowing full well they would never have a chance to refute and to prove their innocence. So what the hell do you care, Mr. Mueller, about somebody having a chance to prove their innocence? You clearly, by innuendo, wanted to destroy these Russian groups and give them no chance whatsoever to answer your charges. And yet that fairness is what prevents you from charging the president. “So that was Justice Department policy. Those were the principles under which we operated.” Blah, blah, blah, blah, blah.

Take a look here what has actually happened in this so-called investigation. James Comey, July 5th, 2016, press conference, lists all the crimes Hillary Clinton committed, lists all the crimes that they know she did! And then said, “But we’re not charging her because we don’t think she intended to do any of this.”

Now, we move to the Trump investigation, “We can’t find a damn thing the guy did, but we are certain he intended to.” What the hell is this, folks? They exonerate Hillary because they think she didn’t intend to do what she did. They can’t find that Trump did anything, but they think he intended to do what he didn’t do, and so we need to impeach him.

If this is the best Washington has, if this is the top of the heap when it comes to integrity and honor and decency and all that, then we have run out of decency and honor in Washington, D.C. This is such a crock, I can’t even begin to aptly, accurately describe the anger, the rage, and the emotions here that I am feeling and not get profane in doing so.

Follow Jeff Poor on Twitter @jeff_poor

It will soon be time for President Trump to unleash military arrests of all the domestic enemies in America: Tech CEOs, journo-terrorists, treasonous lawmakers and more

Antifa-Symbols-Hate

It will soon be time for President Trump to unleash military arrests of all the domestic enemies in America: Tech CEOs, journo-terrorists, treasonous lawmakers and more (see full list)
05/02/2019 / By Mike Adams
https://www.newstarget.com/2019-05-02-time-for-president-trump-to-unleash-military-arrests-of-domestic-enemies.html

Events are rapidly coalescing to the inevitable conclusion that America must either rise up and defend itself or fall to the lawless, lunatic Leftists and globalists who seek to destroy it from within.

Soon, it will be time for President Trump to take decisive action to eliminate the domestic enemies of America (see full list below) and restore the rule of law to this sovereign nation. Although I don’t have any special inside information about Trump’s plans, an analysis of accelerating events points to an historic showdown as pro-American forces face off against anti-American traitors throughout every level of government and society.

With deranged, lawless Democrats now demanding the impeachment of Attorney General William Barr for completely fabricated reasons — i.e. they don’t like the fact that he won’t go along with the Russia collusion hoax that was fabricated by the treasonous deep state — we are getting closer each day to the need for military arrests of those lawmakers and domestic terrorist organizations (see list below) who are actively conspiring to defeat America as founded and turn this country over to globalists to be looted, dismantled and erased from history.

President Trump must know that We the People are ready and willing to defend this nation against domestic enemies
The President needs to know that We the People wholly support his efforts to drain the swamp and “lock them up.” We are law-abiding patriots and defenders of the both First and Second Amendments, and we are ready to back President Trump’s decisive commands with city-by-city, county-by-county defenses to identify and arrest all enemies of America who are attempting to destroy this nation from within.

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To be clear, yes, I’m talking about armed, law-abiding citizens all across America who are willing to defend America from the traitors who are trying to destroy it.

From idiotic lunatics who would push America into an all-out economic collapse (Ocasio-Cortez) to high-level treasonous criminals who armed America’s enemies with nuclear weapons and leaked U.S. military secrets to China and Iran (Barack Obama), all those who threaten the United States of America must be identified, arrested and removed from power as part of the process of restoring the rule of law in America.

I don’t have any special inside information of what Trump is planning, and I don’t speak for Trump in any way. But some of the actions that Trump could take to restore the rule of law in America and eliminate the sabotage actions of the domestic enemies currently operating in America include the following:

Deploy the military police nationwide to arrest and detain the CEOs of all tech companies and financial institutions that are systematically de-platforming conservatives, Trump supporters and Christians.
Every CEO of every tech company (Google, Twitter, etc.) or financial institution (Chase, Mastercard, GoFundMe, etc.) that has de-platformed users for being conservatives must be charged and prosecuted for willfully denying Americans their basic civil rights to engage in speech and commerce.
The domain names of all such tech companies and financial companies should be seized by the State Dept. and held in escrow until such time that the corporations sign consent decrees that guarantee the freedom of speech and freedom of commerce for all Americans, without interference, shadowbanning, de-platforming or algorithmic censorship.

RICO Act racketeering laws can be used to level felony criminal charges against all those engaged in these activities.

Every fake news media organization that actively participated in the sourcing and publishing of fabricated “leaks” what were intended to further the political coup effort against President Trump should have its conspirators arrested and removed from public influence. CNN, the New York Times, the Washington Post and Buzzfeed, among others, have collapsed into “journo-terrorism” hubs where they attempt to terrorize the American public with fabricated news hoaxes with the aim of destabilizing the Trump administration. These activities are not expressions of a “free press” but rather active efforts to commit sedition and treason as part of a coordinated, deep state political coup to overthrow the results of the 2016 election and nullify the will of the voters. The left-wing media has essentially merged with the deep state and now functions as the propaganda extension of the very treasonous groups that are attempting to overthrow America’s democracy.

Every member of Congress, in both the House and Senate, who has actively participated in furthering the Russia collusion hoax and attempted coup against the United States of America should be arrested by military police and charged with sedition, then removed from public office and held to face military trials. Sen. John McCain should be charged posthumously for his role in the “Trump dossier” which was used to obtain an illegal FISA warrant application to spy on Trump campaign and administration personnel (in total violation of U.S. law).
As part of the cleanup operation to eliminate domestic terrorist groups that are operating inside the United States, Antifa must be designated a domestic terrorism organization, and all those who collude with Antifa to carry out acts of violence against conservative Americans must be arrested and charged with terror-related acts of conspiracy. This will include a very large number of college and university professors who exploit their positions of academic power to recruit and deploy domestic terrorist groups against the United States government.

The mayors of “sanctuary cities” and the governors of “sanctuary states” must be declared to be engaged in an active insurrection against the United States of America, then arrested and subjected to military tribunals for their active roles in undermining the nation through willful complicity with criminal felons and terror-linked groups.

All governors who signed laws authorizing the voting of illegal aliens must be arrested and charged with conspiracy to commit voter fraud. A national voter ID law must be put into place and fully enforced. Until California or any state agrees to enforce voter ID laws, that state’s members of Congress must be suspended and prevented from participating in federal legislation in any way whatsoever. The message to California? If you don’t enforce voter ID laws, you will lose your Senators, members of Congress and your Electoral College votes. You cannot participate in democracy if you aren’t willing to follow the basic rules of democracy.

Activate American patriots to defend the national borders. Militia groups must be called up by the President to defend America’s territories against foreign invaders. Those attempting to illegally enter the United States via border crossings must be ordered to turn around and go home. Those caught inside the border must be arrested and immediately deported to their home countries. The message must be clear: Immigrants are only welcomed in the United States through legal processes, not illegal border crossings. If you want to become an American, wait in line like everybody else who immigrated legally.

By now, President Trump knows that the American people are ready and willing to activate their Second Amendment responsibility nationwide, to protect and defend the United States of America against all enemies, foreign and domestic. There are millions of military veterans and both active duty and former law enforcement Americans who are ready and willing to enforce the rule of law and, at the direction of the Commander in Chief, do their part to identify and eliminate the threat of “enemies within.”

Most real Americans have reached the point where they now realize their country will be completely overrun and destroyed if something isn’t done to halt the enemies within. Time is growing short. The will of the American people to defend their nation is stronger than ever, but most Americans will not act unless they are given authorization by the President.

That authorization will not come before the 2020 election, but once Trump wins a second term, there’s nothing holding back a full-fledged defense of America and the complete rooting out and elimination of America’s domestic enemies.

I have no doubt that President Trump already knows the American people are with him and are ready to defend his presidency and defend this nation against all enemies, foreign and domestic.

Get prepared while you can, since the Democrats are desperately trying to disarm the American people before the “big showdown” takes place. I am also directing you to this very important tactical analysis of how a civil war might go down and why the treasonous Left will “suffer a brutal loss” as power, water and food supply lines to their cities are cut off by pro-America forces who are defending this nation against traitors and terrorists. That article is based on this article by Matt Bracken at AmericanPartisan.org. It’s also a very important read.

God bless America. #MAGA like a MOFO.

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New York’s Lawyers and Judges Behaving Badly, From New York Law Journal

https://www.law.com/newyorklawjournal/2018/12/30/lawyers-judges-behaving-badly/
Tara-Lenich-Article-201612051956
Tara Lenich, admitted to forging judicial orders to run illegal wiretaps on a fellow prosecutor and a New York City Police Detective, sentenced to one year in prison in early 2018.

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Edmund Duffy’s five-decade legal career, during which he rose to prominence as the former heard of the China practice at Skadden, officially ended 02/08/2018, when he was automatically disbarred after he pleaded guilty to possession of child pornography.

AP-Robert-Cicale-web
A Suffolk County District Court Judge was suspended from the bench after he was arrested and charged with burglary. He was caught with women’s underwear that he allegedly stole from a private residence.

Evan-Greebel-Article-201710202147
Evan Greebel, a former partner at Kaye Scholer and Katten Muchin Rosenman, was sent to prison for working with disgraced pharmaceutical executive Martin Shkreli to defraud investors.

ravelo-keila-Article-201810091948
Keila Ravelo was sentenced to five years for conspiring to defraud her former law firms and clients out of $7.8 Million, using bogus litigation vendors. Prosecutors said that the former Hunton & Williams and Willkie Farr & Gallagher partner used the money to fuel a lavish lifestyle.

Frank-Aquila-Article-201809281858
Prominent M&A partner Frank Aquila deleted his Twitter account after tellling White House Press Secretary Sarah Sanders she should “Rot in Hell You Bitch” for defending Sen. Lindsey Graham amid the Senate Judiciary Committee hearing on sexual assault allegations against Brett Kavanaugh.

Aaron-Schlossberg-Article-201805171926
Manhattan attorney Aaron Schlossberg’s rant against employees speaking Spanish at a Mexican Restaurant provoked a firestorm on social media.

Anna-Lushchinskaya-Article-201812142118
Another viral video captured a second New York City lawyer who directed racially charged comments at bystanders.

Gavel-and-Book-Article-201710162142
“Egragious and outragesou” conduct by ex-Mintz Levin associate Anthony Jacob Zappin during his pro se legal war with his former wife, also an attorney, led to his disbarment.

Judicial-Robe-Article-201712011528
New York’s high court unanimously said that Civil Court Judge Terrence O’Connor’s “intemparate” and “inappropriate” behavior in the courtroom were bad enough, but his decision to not cooperate with an investigation into his actions also contributed to his removal from the bench.

From Our Friends at Livinglies, Neil Garfield

https://wordpress.com/read/feeds/95852/posts/2112751964

How to Use and Oppose Judicial Notice

One of the biggest bluffs used by claimants in foreclosure and eviction proceedings is the request for judicial notice. If unopposed, this results in myths being propagated as facts. Just because a document exists or has been uploaded to SEC.GOV or any other site doesn’t mean the source or the content is credible or reliable.
If I manage to record a deed purporting to transfer title that doesn’t mean that title is transferred nor that my ownership is to be presumed. The same is true if I upload the same fabricated deed to SEC.gov or any other site on the internet.
Judicial notice is erroneously applied as a vehicle for shifting the burden of proof. The basic rule of evidence is simple: the proponent of evidence must prove the truth, credibility and reliability of that evidence, even if it is admitted into evidence. Otherwise the evidence is admitted with zero weight.
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Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult or check us out on www.lendinglies.com.
I provide advice and consultation to many people and lawyers so they can spot the key required elements of a scam — in and out of court. If you have a deal you want skimmed for red flags order the Consult and fill out the REGISTRATION FORM.
A few hundred dollars well spent is worth a lifetime of financial ruin.
PLEASE FILL OUT AND SUBMIT OUR FREE REGISTRATION FORM WITHOUT ANY OBLIGATION. OUR PRIVACY POLICY IS THAT WE DON’T USE THE FORM EXCEPT TO SPEAK WITH YOU OR PERFORM WORK FOR YOU. THE INFORMATION ON THE FORMS ARE NOT SOLD NOR LICENSED IN ANY MANNER, SHAPE OR FORM. NO EXCEPTIONS.
Get a Consult and TERA (Title & Encumbrances Analysis and & Report) 202-838-6345 or 954-451-1230. The TERA replaces and greatly enhances the former COTA (Chain of Title Analysis, including a one page summary of Title History and Gaps).
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
==========================
Most states essentially have the same statute in their laws of evidence, like this one from Florida:

90.202 Matters which may be judicially noticed.A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:

(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.

(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.

(3) Contents of the Federal Register.

(4) Laws of foreign nations and of an organization of nations.

(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.

(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.

(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.

(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.

(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.

(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.

(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (e.s.)

(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. (e.s.)

(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.

History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

A quick review of this statute, essentially the same as all others, reveals that it is not intended to be used as proof of contested facts. The fact that a document obviously exists may not be subject to contest unless the objection is that the document was prepared expressly for trial and not as part of whatever transaction is being contested.

Courts often overstep by becoming the lawyer for the claimant in foreclosure or eviction. As an example of the court stepping into the shoes of the claimant, there is the issue of judicial notice. You should research this. Because judicial notice is intended to be used as follows:
  1. For judicial economy — i.e., acceptance of facts that are virtually incontrovertible and not requiring proof. VERSUS your objections to the content of those documents. The requirement of absolute credibility is essential for judicial notice. There is no prejudice to any party by requiring actual proof of the documents and its contents. Judicial economy does not trump the rules of evidence which are designed to ferret out the truth not to assume facts that are untrue or that could easily be untrue because they came from an interested party.
  2. For documents, the only application of the judicial notice doctrine is that the documents exist and are maintained on a completely trusted site and not that what is written on them is true.
  3. In the case of government documents prepared by government with no interest in making any claims or defending any claims but simply in the ordinary course of record keeping, the record is subject to judicial notice and the content is generally presumed to be true unless disproven by the the opposing party.
  4. Judicial notice is completely inappropriate where the documents were prepared by parties with an interest in the outcome of litigation and claims and are not inspected, reviewed or scrutinized as to accuracy.
  5. Verifying facial validity of a document is NOT the same as verifying the statements contained on the document.
  6. For documents the source must be an independent third party source with no interest in the outcome. So if a fabricated assignment of mortgage is recorded in the county records, then the the existence of the document may be judicially noticed without any presumptions of the veracity or sufficiency of the statements contained in the assignment.
  7. Failure to object to the introduction of the document MIGHT be grounds for admission of both the document and its contents. The ability of the opposing party to present evidence that the document had been fabricated and that the statements contained within it are untrue or misleading is not barred by failure to object.
  8. The fact that it is admitted in evidence does not mean that should be given great weight by the trial court. Any evidence submitted by a party who has a direct interest in the outcome of litigation is to be viewed skeptically and requiring corroborative proof.
  9. Judicial notice is NOT appropriate for the PSA or anything else if the request for notice directs the court’s attention to SEC.GOV. This is an effort at misdirection.
  10. SEC.GOV is merely a repository for uploading documents with no more official capacity than box.com or dropbox.com. The fact that a document is there is NOT an indication that the document is an official document. The SEC has not reviewed it or approved it in any way, manner shape or form.
  11. BEST Evidence: Only the original document produced in court would be sufficient evidence of the document’s existence and then only if it was complete and signed — which means that the mortgage loan schedule is attached as the original mortgage loan schedule attached the trust instrument, the prospectus and the servicing agreements when they were originally executed.
  12. It is a common ploy to upload documents to SEC.Gov and then request judicial notice. This is wrong.
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Council on Foreign Relations Tells Gov’t They “Have To” Use Propaganda on American


Council on Foreign Relations Tells Gov’t They “Have To” Use Propaganda on American
Published: June 4, 2018
https://www.blacklistednews.com/article/66249/council-on-foreign-relations-tells-govt-they-have-to-use-propaganda-on.html
Source: Jay Syrmopoulos

The Council on Foreign Relations delivered an Orwellian presentation recently that unsurprisingly went unnoticed in the mainstream media, in which CFR’s Richard Stengel forwarded the notion that governments “have to” direct “propaganda” at their own domestic populations.

The Council is recognized as one of the United States’ oldest and most establishment think tanks of the American power-elite, and it often sets the agenda on important policy questions—or, as former senior editor at the Washington Post, Richard Harwood, in a column entitled “Ruling Class Journalists,” approvingly described the Council as, “the nearest thing we have to a ruling establishment in the United States.”

Harwood admiringly wrote: “The membership of these journalists in the Council, however they may think of themselves, is an acknowledgment of their active and important role in public affairs and of their ascension into the American ruling class. They do not merely analyze and interpret foreign policy for the United States; they help make it…. They are part of that establishment whether they like it or not, sharing most of its values and worldviews.”

CFR is a key cog in the hub of Washington think-tanks promoting endless war. As former Army Major Todd Pierce described, think-tanks act as “primary provocateurs” using “‘psychological suggestiveness’ to create a false narrative of danger from some foreign entity with the objective being to create paranoia within the U.S. population that it is under imminent threat of attack or takeover.”

In late 2018, WikiLeaks Founder Julian Assange publicized the extensive sway the Council on Foreign relations carried over U.S. mass media by Tweeting a graphic created by Swiss Propaganda Research (SPR), a research and information project on geopolitical propaganda in Swiss media, which illustrated the heavy influence CFR exercises over the media narrative delivered to the American public, i.e. domestic propaganda.

Council on Foreign Relations links to major media holdings

Full graphic here: https://t.co/lyMPz4ME2Z pic.twitter.com/mmTNdQa1F9

— #FreeAssange! (tweets by campaign)⌛ (@JulianAssange) January 28, 2018

The illustration of the Council’s deeply entrenched media presence is based on official membership rosters compiled by SPR, revealing the interconnectedness of CFR’s extensive mass media influence network and its main international affiliate groups—the Bilderberg Group (covering mainly the U.S. and Europe) and the Trilateral Commission (covering North America, Europe and East Asia).

According to the report from Swiss Propaganda Research:

Largely unbeknownst to the general public, many media executives and top journalists of almost all major US news outlets have long been members of the influential Council on Foreign Relations (CFR).

Established in 1921 as a private, bipartisan organization to “awaken America to its worldwide responsibilities”, the CFR and its close to 5000 elite members have for decades shaped U.S. foreign policy and public discourse about it. As one Council member famously explained, the goal has indeed been to establish a global Empire, albeit a “benevolent” one.

Stengel, a former editor of TIME magazine, told the audience at a CFR event in late April called Political Disruptions: Combating Disinformation and Fake News that governments “have to” direct “propaganda” toward their own populations.

At a Council on Foreign Relations forum about "fake news," former Editor at Time Magazine Richard Stengel directly states that he supports the use of propaganda on American citizens – then shuts the session down when challenged about how propaganda is used against the third world pic.twitter.com/ClAT5POv7G

— William Craddick (@williamcraddick) May 11, 2018

In the full video of the CFR event shown below, Stengel openly argues in favor of propaganda against U.S. citizens starting at the 1:15:26 mark in the footage.

Full video of the forum – efforts to control the flow of information and dictate to the public how to interpret facts should be taken seriouslyhttps://t.co/dKVG6dHBSN

— William Craddick (@williamcraddick) May 11, 2018

Stengel, who is a former high-level U.S. government official, head of the office for Public Diplomacy and Public Affairs at the State Department from 2013 to 2016, and a regular pundit on MSNBC, explained:

Basically, every country creates their own narrative story and, you know, my old job at the State Department was what people used to joke as the ‘chief propagandist’ job. We haven’t talked about propaganda… I’m not against propaganda. Every country does it, and they have to do it to their own population, and I don’t necessarily think it’s that awful.

Zero Hedge reported that Stengel’s personal bio site notes that he “helped create and oversee” the Global Engagement Center at the State Department whose official mission is to “counter propaganda and disinformation from international terrorist organizations and foreign countries” (with a “special focus on Russia”).

Perhaps most ominous of all is the fact that a man who publicly says that he is “not against propaganda” on the U.S. government’s “own population“ was recently named a “distinguished fellow” as part of the Atlantic Council’s Digital Forensic Research Lab (DFRLab).

Yes, the same Atlantic Council that espouses a strongly anti-Russian agenda that is funded by Ukrainian billionaire Victor Pinchuk, who also happened to donate at least $10 million to the Clinton Foundation. Pinchuk just so happens to be the CTO and co-founder of CrowdStrike—the company used by the DNC to inspect their servers allegedly hacked by Russia, after refusing the FBI access to the same servers.

Obviously, it seems to be very peculiar behavior by the DNC to refuse the FBI access to their servers, and instead rely on a private company—unless they had an ulterior motive. Consequently, the assessment by CrowdStrike was used as a basis for what eventually resulted in the appointment of Special Counsel Robert Mueller.

Ironically, just two weeks ago the DFRLab announced that its team has partnered with Facebook to “monitor disinformation“ and protect elections. The DFRLab defined the new initiative as follows:

The Atlantic Council’s Digital Forensic Research Lab today announced a partnership with Facebook to independently monitor disinformation and other vulnerabilities in elections around the world. The effort is part of an initiative to help provide credible research about the role of social media in elections, as well as democracy more generally.

The Digital Forensic Research Lab is launching a partnership with Facebook to support the world’s largest community in its efforts to strengthen democracy…

As if on cue, and with an utterly Orwellian feel, Facebook announced on June 2, 2018, that the user-generated “trending news” section will be replaced by a “breaking news” section—which will be comprised of 80 publications selected by Facebook—that will feed approved content to users.

Facebook will essentially have complete control of the topics and narratives that are fed to their users in a clear act of social engineering, which will give the social media giant—and their political/ideological allies—the ability to directly manipulate people’s perceptions of any event.

During the 2016 election, leaked internal documents from Facebook revealed that the editors in charge of the company’s “Trending News” section repeatedly discriminated against conservative articles, while promoting progressive content, which resulted in the threat of an investigation from the Senate commerce committee.

The new changes were explained in a Friday announcement:

Breaking News Label: A test we’re running with 80 publishers across North America, South America, Europe, India and Australia lets publishers put a “breaking news” indicator on their posts in News Feed. We’re also testing breaking news notifications.
Today In: We’re testing a dedicated section on Facebook called Today In that connects people to the latest breaking and important news from local publishers in their city, as well as updates from local officials and organizations.
News Video in Watch: We will soon have a dedicated section on Facebook Watch in the US where people can view live coverage, daily news briefings and weekly deep dives that are exclusive to Watch.

So, when CFR is publicly advocating for the societal benefits of domestic propaganda, and Facebook is jettisoning an already meager user-generated “Trending News” section and aligning itself with an anti-Russian, Clinton-connected thinktank, Americans should be keenly aware that they are being actively propagandized, and they should work to intentionally diversify their news sources as an omnipotent mass propaganda regime is being covertly implemented.

JPMorgan to pay $4.6 mln to settle Ponzi scheme lawsuit

6/22/18 REUTERS LEGAL 21:56:15
REUTERS LEGAL
June 22, 2018
JPMorgan to pay $4.6 mln to settle Ponzi scheme lawsuit
Dena Aubin
(Reuters) – JPMorgan Chase has agreed to pay $4.6 million to resolve a proposed class action accusing it of aiding a Ponzi scheme at Caribbean-based Millennium Bank, which authorities say defrauded hundreds of investors with bogus certificates of deposits.

Disclosed in a Thursday filing in Boston federal court, the agreement ends a five-year legal fight by investors who lost money in the scheme, run by convicted Canadian banker William Wise. The investors alleged that Chase and its predecessor Washington Mutual let Wise steal millions of dollars of investors’ money from accounts at the banks despite numerous signs he was running a fraud.

The deal requires the approval of U.S. Magistrate Judge Judith Dein, who is overseeing the case.

Chase spokeswoman Elizabeth Seymour said the bank is “pleased to have resolved this legacy matter.”

Millennium had originally opened the accounts at Washington Mutual Bank, and Chase inherited the accounts when it bought Washington Mutual’s assets during the 2008 financial crisis.

In court filings, Chase said investors failed to show that it knew about the fraud or substantially assisted in it.

The investors are represented by lawyers at Kozyak Tropin & Throckmorton and the Law Offices of Keith Miller.

”It’s been years of hard-fought litigation but we are very pleased with this result,” Tal Lifshitz, a lawyer for the investors, said in an email.

The 2012 lawsuit accused Chase of failing to promptly notify authorities or close accounts for Millennium Bank at its California branches after allegedly learning of the illegal scheme.

In Thursday’s filing, lawyers for the investors said the settlement will give significant relief to an estimated 150 to 200 class members who lost money on the Millennium scheme. The investors will not get all their money back, but they faced significant expense if they had continued to litigate, the lawyers said, urging preliminary court approval of the deal.

Wise was sentenced to 22 years in prison in 2015 after pleading guilty to conspiracy, fraud and money laundering in connection with the scheme.

The scheme was shut down and Millennium, based in St. Vincent and the Grenadines, was put into receivership in 2009 after the U.S. Securities and Exchange Commission won a restraining order and a freeze of all assets of the bank, Wise and his co-conspirators, in Texas federal court. The SEC said Wise and several co-conspirators raised at least $68 million, targeting mostly U.S. investors, by misappropriating money that they had promised to invest in high-interest certificates of deposit.

The investors’ lawsuit said Washington Mutual received alerts of suspicious activity in the Millennium accounts and investigated them as early as 2006 but failed to stop the suspicious activity or protect investors.

When Chase took over the accounts, it also took over the Millennium investigative files and reviewed the accounts, but it too failed to promptly notify law enforcement authorities or close the accounts, the lawsuit said.

Dein in 2016 had dismissed part of the lawsuit, finding that Chase was not liable for Washington Mutual’s conduct before Chase acquired its assets. She said investors could pursue claims that Chase allowed Wise to defraud additional investors after it acquired the accounts.

The case is Mansor et al v. JPMorgan Chase Bank, U.S. District Court, Massachusetts District, No. 12-10544.

For the plaintiffs: Harley Tropin and Tal Lifshitz at Kozyak Tropin & Throckmorton and Keith Miller at Law Offices of Keith Miller

For the defendant: Beth Boland and Rachel Blise at Foley & Lardner

—- Index References —-
Company: JPMORGAN CHASE BANK NA; FOLEY AND LARDNER; FOLEY AND LARDNER LLP; WASHINGTON MUTUAL BANK; WMI HOLDINGS CORP
News Subject: (Business Lawsuits & Settlements (1BU19); Business Litigation (1BU04); Business Management (1BU42); Corporate Events (1CR05); Crime (1CR87); Financial Fraud (1FI18); Fraud (1FR30); Legal (1LE33); Major Corporations (1MA93); Social Issues (1SO05))
Industry: (Banking (1BA20); Financial Services (1FI37))
Region: (Americas (1AM92); Massachusetts (1MA15); North America (1NO39); U.S. New England Region (1NE37); USA (1US73))
Language: EN
Other Indexing: (FOLEY & LARDNER; WASHINGTON MUTUAL BANK) (Elizabeth Seymour; Beth Boland; Harley Tropin; Judith Dein; Keith Miller; Tal Lifshitz; William Wise; Rachel Blise)
Keywords: banking; fedlit (OCC:OLRTXT); (N2:US)Keywords:
Word Count: 589
End of Document
© 2018 Thomson Reuters. No claim to original U.S. Government Works.