Michael Flynn’s Lawyers Claim Lisa Page Altered FBI Interview Record to Frame Him

Michael Flynn’s Lawyers Claim Lisa Page Altered FBI Interview Record to Frame Him

Lisa-Page-after-meeeting-lawmakers-Capitol-Hill-ap-640x480
(AP Photo/Manuel Balce Ceneta)AP Photo/Manuel Balce Ceneta)

https://www.breitbart.com/politics/2019/10/25/michael-flynn-lawyers-accuse-fbi-of-laying-trap-withholding-evidence/?utm_source=newsletter&utm_medium=email&utm_term=daily&utm_campaign=20191025&utm_content=Final

Former FBI lawyer Lisa Page leaves following an interview with lawmakers behind closed doors on Capitol Hill in Washington, Friday, July 13, 2018.
JOEL B. POLLAK
25 Oct 2019

Lawyers for former National Security Advisor Michael Flynn reportedly filed a motion on Thursday in which they allege that the Department of Justice manipulated a document to frame their client and is withholding exculpatory evidence.
The apparent “sealed” filing, dated October 24, 2019, was posted to social media on Thursday evening.

US v Flynn; DE 129-2 by Techno Fog on Scribd

The filing by Flynn’s new legal team, which took over the case several weeks ago, argues that the Federal Bureau of Investigation conducted an “ambush-interview” of Flynn in the White House not to discover any evidence of criminal activity, but to coax him into making false statements.

When Flynn’s new lawyer Sidney Powell first made those allegations in September, prosecutors replied that she was indulging in “conspiracy theories” and noted his client had already pleaded guilty to the crime of lying to the FBI in 2017. Flynn has been awaiting sentencing since then, and even told the sentencing judge in 2018 that he would not claim FBI misconduct, despite growing evidence that they had departed from normal practice in interviewing him and had only completed their “302” — the report of their meeting — after he had already been forced to resign from his position in the administration over the allegations.

The new defense filing alleges that the government is refusing to turn over a mountain of potentially exculpatory evidence, some of which has begun to emerge in the media — either through leaks or through ongoing inquiries into the origins of the probe into alleged Russia “collusion” with the Trump campaign, later found not to exist.

That evidence, Flynn’s legal team alleges, includes an apparent admission by former FBI lawyer Lisa Page — who resigned after being discovered having an affair with agent Peter Strzok, with whom she shared anti-trump texts — that she had edited the 302 — something that she allegedly told FBI investigators she did not recall, the filing states.

The edits, the filing alleges, were substantive: they included a claim that Flynn said he did not discuss any sanctions with the Russian ambassador. Flynn’s lawyers allege he merely told the FBI he did not recall, and that the claim he said otherwise was added only after a transcript of his discussion with the ambassador had been leaked to the media.

In a footnote, the filing adds that former FBI general counsel James Baker “is believed to be the person who illegally leaked the transcript of Mr. Flynn’s calls to [Washington Post reporter David] Ignatius.” It also alleges that former National Intelligence Director James Clapper told Ignatius to “take the kill shot on Flynn.”

The filing emerged hours after reports that the Department of Justice had shifted its investigation of the origins of the Russia probe to become a criminal investigation under the supervision of prosecutor John H. Durham.

Flynn was subject to surveillance — allegedly in response to claims that he might have violated the Logan Act, an archaic and rarely-enforced law barring private citizens from diplomacy — during President-elect Donald Trump’s transition to office. Flynn’s name was then unmasked in the transcript of his telephone conversation with then-Russian Ambassador Sergey Kislyak, which was then leaked illegally.

Flynn’s subsequent prosecution for lying to the FBI was key to the “Russia collusion” theory, later found to have no substance after a lengthy investigation by Special Counsel Robert Mueller that took nearly two years to complete.

Critics have alleged that Mueller may have induced Flynn to plead guilty by suggesting that the government had more evidence of “Russia collusion” than it actually did.

This story is developing.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He earned an A.B. in Social Studies and Environmental Science and Public Policy from Harvard College, and a J.D. from Harvard Law School. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. He is also the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.

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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.

9b13335e-7797-4ef3-9e0d-f54a723ab33b_750x422
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

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.

Edmund-Duffy
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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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.
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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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Wells Fargo Employees Are Said to Improperly Alter Documents By Hannah Levitt


Wells Fargo Employees Are Said to Improperly Alter Documents
By Hannah Levitt
May 17, 2018, 10:06 AM EDT
Updated on May 17, 2018, 2:57 PM EDT

Wells Fargo & Co. found that employees in its wholesale unit added information to internal customer records without the clients’ knowledge, according to a person briefed on the matter.

The bank discovered the improper activity and reported it to the Office of the Comptroller of the Currency, said the person, who asked not to be identified because the matter hadn’t been publicly disclosed. The employees altered the documents in 2017 and earlier this year as they sought to satisfy regulatory demands related to anti-money-laundering controls, according to the Wall Street Journal, which reported the issue earlier Thursday.

Wells Fargo has struggled to move past a wave of scandals, which led to a Federal Reserve ban on increasing assets until the lender fixes missteps. The bank’s first-quarter results were marred by a charge of $800 million tied to a settlement with U.S. regulators. Earlier this month, the bank rolled out a new marketing campaign built around its efforts to regain customers’ trust.

Bryan Hubbard, an OCC spokesman, declined to comment. Wells Fargo spokesman Alan Elias said in an emailed statement that the bank can’t comment on regulatory matters, but that it takes “swift action to correct” any behavior that violates the firm’s values.

“This matter involves documents used for internal purposes,” Elias said. “No customers were negatively impacted, no data left the company, and no products or services were sold as a result.”

The bank’s shares dropped 1.6 percent at 2:40 p.m. in New York trading, the biggest decline in the 24-company KBW Bank Index.

— With assistance by Laura J Kelle

Same Old Story: Paper Trail vs, Money Trail (Freddie Mac) Posted on May 15, 2018 by Neil Garfield

Same Old Story: Paper Trail vs, Money Trail (Freddie Mac)
Posted on May 15, 2018 by Neil Garfield
Payment by third parties may not reduce the debt but it does increase the number of obligees (creditors). Hence in every one of these foreclosures, except for a minuscule portion, indispensable parties were left out and third parties were in reality getting the proceeds of liquidation from foreclosure sales.
The explanations of securitization contained on the websites of the government Sponsored Entities (GSE’s) clearly demonstrate what I have been writing for 11 years and reveal a pattern of illusion and deception.

The most important thing about a financial transaction is the money. In every document filed in support of the illusion of securitization, it steadfastly holds firm to discussion of paper instruments and not a word about the actual location of the money or the actual identity of the obligee of that money debt.

Each explanation avoids the issue of where the money goes and how it was “processed” (i.e., stolen, according to me and hundreds of other scholars.)

It underscores the fact that the obligee (“debt owner” or “holder in due course” is never present in any legal proceeding or actual transaction or transfer of of the debt. This leaves us with only one conclusion. The debt never moved, which is to say that the obligee was always the same, albeit unaware of their status.

Knowing this will help you get traction in the courtroom but alleging it creates a burden of proof for you to prove something that you know is true but can only be confirmed with access to the books, records an accounts of the parties claiming such transactions ands transfers occurred.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

For one such example see Freddie Mac Securitization Explanation

And the following diagram:

Freddie Mac Diagram of Securitization

What you won’t find anywhere in any diagram supposedly depicting securitization:

Money going to an originator who then lends the money to the borrower.
Money going to a named REMIC “Trust” for the purpose of purchasing loans or anything else.
Money going to the alleged unnamed beneficiaries of a named REMIC “Trust.”
Money going to the alleged unnamed investors who allegedly purchased “certificates” allegedly issued by or on behalf of a named REMIC “Trust.”
Money going to the originator for sale of the debt, note and mortgage package.
Money going to originator for endorsement of note to alleged transferee.
Money going to originator for assignment of mortgage.
Money going to the named foreclosing party upon liquidation of foreclosed property.
Money going to the homeowner as royalty for use of his/her/their identity forming the basis of value in issuance of derivatives, hedge products and contract, insurance products and synthetic derivatives.
Money being credited to the obligee’s loan receivable account reducing the amount of indebtedness (yes, really). This is because the obligee has no idea where the money is coming from or why it is being paid. But one thing is sure — the obligee is receiving money in all circumstances.
Payment by third parties may not reduce the debt but it does increase the number of obligees (creditors). Hence in every one of these foreclosures, except for a minuscule portion, indispensable parties were left out and third parties were in reality getting the proceeds of liquidation from foreclosure sales.
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Attorneys of the Month for January thru March 5th, 2018.


The following Georgia attorneys were disciplined and/or disbarred for the month Of March, 2018:

March 5, 2018
S18Y0348. IN THE MATTER OF SAM LOUIS LEVINE

Sam L. Levine
S18Y0350. IN THE MATTER OF CHRISTOPHER AARON CORLEY
S18Y0383. IN THE MATTER OF ANDRE KEITH SANDERS
S18Y0559. IN THE MATTER OF WALTER LINTON MOORE

Februry 19, 2018:
S18Y0315. IN THE MATTER OF NATALIE DAWN MAYS
S18Y0434. IN THE MATTER OF CHERYL JOYCE BRAZIEL
S18Y0511. IN THE MATTER OF DONALD EDWARD SMART

February 5, 2018:
S18Y0484. IN THE MATTER OF ADAM LORENZO SMITH

Adam L. Smith

January 29, 2018:
S17Y1329. IN THE MATTER OF RICKY W. MORRIS, JR.
S17Y1918. IN THE MATTER OF CLARENCE R. JOHNSON, JR.
S17Y2016. IN THE MATTER OF CAMERON SHAHAB
S18Y0142. IN THE MATTER OF ROBERT JUTZI HOWELL
S18Y0256. IN THE MATTER OF LARRY BUSH HILL
S18Y0264. IN THE MATTER OF CHRISTOPHER MARK MILLER
S18Y0269. IN THE MATTER OF LORNE HOWARD CRAGG
S18Y0387. IN THE MATTER OF RICHARD V. MERRITT

Rich Merritt

If you want to know more, go to Supreme Court of Georgia, 2018 Opinion sand Summaries
The number on the left hand side above, is the case number for the attorney. The Attorney discipline is at the end of each section. If you click the case number, you can read the Order,