OPINION: The heightened pleading standard established in 2009 is based on faulty propositions. Arthur H. Bryant, The National Law Journal


National Law Journal
http://www.nationallawjournal.com/printerfriendly/id=1202758245088

‘Iqbal’ Brings Seven Years of Bad Luck for Plaintiffs

OPINION: The heightened pleading standard established in 2009 is based on faulty propositions.
Arthur H. Bryant, The National Law Journal
May 23, 2016

The seventh anniversary of the U.S. Supreme Court’s 2009 decision in Ashcroft v. Iqbal was May 18. It’s a date that should live in infamy.
A 5-4 decision, Iqbal ignored reality — and the fact that truth is stranger than fiction. It flouted the process for amending the Federal Rules of Civil Procedure. And it particularly limited access to justice for civil rights, employment discrimination and individual plaintiffs.
Seventy years before Iqbal, in 1938, the Federal Rules were adopted to get rid of “fact” pleading, which the rule-makers thought “led to wasteful disputes about distinctions that … were arbitrary or metaphysical, too often cutting off adjudication on the merits.” Under the new Rule 8, to start a lawsuit, the plaintiff had to file a complaint with “a short and plain statement of the claim showing the pleader is entitled to relief.”
As the court later explained in Conley v. Gibson, the complaint did not have to “set out the facts in detail.” It just had to give the defendant “fair notice of what the plaintiff’s claim is and the grounds upon which it rests.” A motion to dismiss would only be granted if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Then, the plaintiff could take discovery, to find out what the defendant and other relevant people knew and when they knew it. After that, the court would determine whether there was sufficient proof to require a trial.
In Iqbal, the court rejected a complaint alleging that high-level U.S. officials had a Pakistani Muslim and thousands of other Arab men illegally arrested and detained after the 9/11 attacks because of “their race, religion, and national origin … and not because of any evidence” of their “involvement in supporting terrorist activity.”
To do so, the court changed the rules. It held that, from now on, to “survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Dismissal no longer turned on whether the complaint provided “fair notice” to the defendant; it turned on whether the claim was “plausible on its face.” How were judges to determine that? By drawing on their “judicial experience and common sense.”
Motions to dismiss were immediately filed throughout the federal courts. Judges’ and lawyers’ workloads increased enormously. The lower courts and lawyers are still struggling to figure out how the new system is supposed to work — and, if they can, make it fair.
For three reasons, however, it’s become increasingly clear that Iqbal was a mistake.
First, whatever one thinks about the allegations in the case, the Iqbal pleading standard is based on a proposition — allegations probably aren’t true if they’re not plausible on their face — that is false. Reality keeps teaching us that. None of us, including federal judges using their “judicial experience and common sense,” would have believed that any of the following was plausible a few years ago:
• Donald Trump would be the presumptive Republican Party nominee for president of the United States of America.
• A prominent candidate for president would propose banning all Muslims from entering America or call women “fat pigs,” “dogs” and “disgusting animals.”
• Same-sex marriage would be legal nationwide.
• The U.S. government would obtain and be able to search virtually all Ameri­cans’ phone records.
• Olympic champion Bruce Jenner would become a woman, Caitlyn Jenner.
• Federal, state and local governments would battle over what kind of bathroom people such as Caitlyn Jenner could use.
Similar implausible things happen every day.
Second, Iqbal effectively rewrote the Federal Rules without following the legally established rules for amending them. Under the Rules Enabling Act, before rules are changed, detailed procedures must be followed involving the Advisory Committees to the U.S. Judicial Con­ference’s Standing Committee on Rules of Practice and Procedure; the Standing Committee itself; notice to and comment from lawyers, judges and the public; the U.S. Judicial Conference; the Supreme Court; and Congress — so the changes are fully considered and fair.
In 2002, the court unanimously rejected a company’s plea for a heightened pleading standard in employment discrimination cases, saying that result “must be obtained by the process of amending the Federal Rules, and not judicial interpretation.” It should have said that in Iqbal, too.
Third, Iqbal is especially harmful to civil rights, employment discrimination and individual plaintiffs. Last year, the most comprehensive study of Iqbal’s effects, “Measuring the Impact of Plausi­bility Pleading,” was published in the Virginia Law Review. It found that Iqbal increased dismissals of most cases by 10 percent, but employment discrimination and civil rights cases much more (16 percent and 19 percent, respectively). Cases filed by individuals were also dismissed far more often (18 percent), but not cases filed by corporations.
In theory, this could mean that only bad cases were dismissed more promptly. But, if that were true, a higher percentage of the cases remaining in court would succeed. They didn’t. These plaintiffs were just disproportionately denied a chance to prove their claims.
The high court should reverse the Iqbal decision. Whether cases proceed should turn on the facts and the law, not on whether judges think the allegations are plausible.
Arthur H. Bryant is the chairman of Public Justice, a national public interest law firm dedicated to advancing and preserving access to justice. His practice focuses on consumers’ rights, workers’ rights, civil rights, environmental protection, and corporate and government accountability.

2016 STATE OF THE JUDICIARY ADDRESS THE HONORABLE CHIEF JUSTICE HUGH P. THOMPSON SUPREME COURT OF GEORGIA January 27, 2016, 11 a.m. House Chambers, State Capitol

016 STATE OF THE JUDICIARY ADDRESS
THE HONORABLE CHIEF JUSTICE HUGH P. THOMPSON
SUPREME COURT OF GEORGIA
January 27, 2016, 11 a.m.
House Chambers, State Capitol

Lt. Governor Cagle, Speaker Ralston, President Pro Tem Shafer, Speaker Pro Tem Jones, members of the General Assembly, my fellow judges and my fellow Georgians:
Good morning. Thank you for this annual tradition of inviting the Chief Justice to report on the State of Georgia’s Judiciary. Thanks in large part to your support and the support of our governor, as we move into 2016, I am pleased to tell you that your judicial branch of government is not only steady and secure, it is dynamic; it has momentum; and it is moving forward into the 21st century with a vitality and a commitment to meeting the inevitable changes before us.
Our mission remains the same: To protect individual rights and liberties, to uphold and interpret the rule of law, and to provide a forum for the peaceful resolution of disputes that is fair, impartial, and accessible to all.
Our judges are committed to these principles. Each day, throughout this state, they put on their black robes; they take their seat on the courtroom bench; and they work tirelessly to ensure that all citizens who come before them get justice.


Our Judicial Council is the policy-making body of the state’s judicial branch. It is made up of competent, committed leaders elected by their fellow judges and representing all classes of court. They are assisted by an Administrative Office of the Courts, which is under a new director – Cynthia Clanton – and has a renewed focus as an agency that serves judges and courts throughout Georgia.
A number of our judges have made the trip to be here today. Our judges are here today because the relationship we have with you is important. We share with you the same goal of serving the citizens of this great state. We could not do our work without your help and that of our governor.
On behalf of all of the judges, let me say we are extremely grateful to you members of the General Assembly for your judicial compensation appropriation last year.


Today I want to talk to you about Georgia’s 21st century courts – our vision for the future, the road we must travel to get there, and the accomplishments we have already achieved.
It has been said that, “Change is the law of life. And those who look only to the past or present are certain to miss the future.”
Since a new state Constitution took effect in 1983, our population has nearly doubled to a little over 10 million, making us the 8th most populous state in the country. We are among the fastest growing states in the nation, and in less than four years, our population is projected to exceed 12 million.
Because it is good for our economy, we welcome that growth. Today, Georgia ranks
among states with the highest number of Fortune 500 companies, 20 of which have their global headquarters here; we have 72 four-year colleges and universities; we have the world’s busiest airport and we have two deep-water ports. Georgia is a gateway to the South, and for a growing number of people and businesses from around the world, it is a gateway to this country.
All of this growth produces litigation – increasingly complex litigation – and just as our state must prepare for this growth by ensuring we have enough roads and modes of transportation, enough doctors and hospitals, and enough power to reach people throughout the state, our courts also must be equipped and modernized for the 21st
century.
While our population has nearly doubled since 1983, the number of Georgia judges has
grown only 16 percent. We must work together to ensure that our judicial system has enough judges, staff and resources in the 21st century to fulfill the mission and constitutional duties our forefathers assigned to us.
A healthy, vibrant judiciary is absolutely critical to the economic development of our state. Thanks to many leaders in the judiciary, as well as to our partnership with the governor and to you in the legislature, we are well on our way to building a court system for the 21st century.


This time next year, with your support, we will have put into place an historic shift in the types of cases handled by the Georgia Supreme Court – the highest court in the state – and by the Court of Appeals – our intermediate appellate court. Thanks to Governor Deal’s Georgia Appellate Jurisdiction Review Commission, this realignment will bring the Supreme Court of Georgia in line with other state Supreme Courts, which handle only the most critical cases that potentially change the law. Serving on the Commission are two of my colleagues – Justice David Nahmias and Justice Keith Blackwell – as well as two judges from the Court of Appeals – Chief
Judge Sara Doyle and Judge Stephen Dillard.
I thank you, Justices and Judges, for your leadership.
Under the Georgia Constitution, Supreme Court justices collectively decide every case that comes before us. Currently the state’s highest court hears divorce and alimony cases; we hear cases involving wills; we hear cases involving titles to land; and we hear disputes over boundary lines.
But the Governor’s Commission, and a number of reports by other commissions and
committees issued since 1983, have recommended that such cases should be heard by our intermediate appeals court, not by our highest court.
Both of our courts are among the busiest in the nation. But unlike the Supreme Court, which sits as a full court with all seven justices participating in, and deciding, every case, the Court of Appeals sits in panels of three. With your approval last year of three new Court of Appeals judges, that court will now have five panels, so it will have the capacity to consider five times as many cases as the Supreme Court.
Modernization of the Supreme Court makes sense. In a 19th century court system, when
most of the wealth was tied up in land, maybe title to land cases were the most important. Maybe they had the greatest implications for the public at large. But as we move into the 21st century, that is no longer true.
In answer to questions such as who owns a strip of land, what does a will mean, and who should prevail in a divorce settlement or an alimony dispute, most judicial systems believe that three judges are enough to provide the parties with a full and fair consideration of their appeal. It no longer makes sense to have seven – or nine – justices collectively review these types of cases.
There is no doubt these cases will be in good hands with the Court of Appeals.
Let me emphasize that all these cases the Commission recommended shifting to the Court of Appeals are critically important to the parties involved.
Let me also emphasize that the purpose of this historic change is not to lessen the burden on the Supreme Court. Rather, the intent is to free up the state’s highest court to devote more time and energy to the most complex and the most difficult cases that have the greatest implications for the law and society at large.
We will therefore retain jurisdiction of constitutional challenges to the laws you enact, questions from the federal courts seeking authoritative rulings on Georgia law, election contests, murder and death penalty cases, and cases in which the Court of Appeals judges are equally divided.
Significantly, we want to be able to accept more of what we call “certiorari” cases
which are appeals of decisions by the Court of Appeals. The number of petitions filed in this category during the first quarter of the new docket year is nearly 14 percent higher this year over last. Yet due to the amount of appeals the law now requires us to take, we have had to reject the majority of the petitions for certiorari that we receive.
These cases are often the most complex – and the most consequential. They involve
issues of great importance to the legal system and the State as a whole. Or they involve an area of law that has become inconsistent and needs clarification.
Businesses and citizens need to know what the law allows them to do and what it does
not allow them to do. It is our job at the highest court to reduce any uncertainty and bring consistency and clarity to the law.
Under the Commission’s recommendations, our 21st century Georgia Supreme Court will
be able to accept more of these important appeals.


As we move into the 21st century, plans are being discussed to build the first state Judicial Building in Georgia’s history that will be dedicated solely to the judiciary. We are grateful for the Governor’s leadership on this. The building that now houses the state’s highest court and the Court of Appeals was built in 1954 when Herman Tallmadge was governor. Back then, it made sense to combine the state judicial branch with part of the executive branch, by locating the Law Department in the same building.
But the world has changed since 1954, and the building we now occupy was not designed with visitors in mind. It was not designed with technology in mind. And it surely was not designed with security in mind. Indeed, it was designed to interconnect with neighboring buildings that housed other branches of government.
A proper Judicial Building is about more than bricks and mortar. Outside, this building will symbolize for generations to come the place where people will go to get final resolution of civil wrongs and injustices; where the government will go to safeguard its prosecution of criminals; and where defendants will go to appeal convictions and sentences to prison for life.
Inside such a building, the courtroom will reinforce the reality that what goes on here is serious and solemn; it is a place of great purpose, in the words of a federal judge. The parties and the lawyers will understand they are all on equal footing, because they are equal under the law.
There is a majesty about the law that gets played out in the courtroom. It is a hallowed place because it is where the truth must be told and where justice is born. The courtroom represents our democracy at its very best.
No, this building is not just about bricks and mortar. Rather it is a place that will house Georgia’s highest court where fairness, impartiality, and justice will reign for future generations.


We are no longer living in a 1950s Georgia. The courts of the 21st century must be
equipped to handle an increasingly diverse population. Living today in metropolitan Atlanta alone are more than 700,000 people who were born outside the United States. According to the Chamber of Commerce, today some 70 countries have a presence in Atlanta, in the form of a consulate or trade office. We must be ready to help resolve the disputes of international businesses that are increasingly locating in our state and capital. Our 21st century courts must be open, transparent and accessible to all. Our citizens’ confidence in their judicial system depends on it. We must be armed with qualified, certified interpreters, promote arbitration as an alternative to costly, courtroom-bound litigation, ensure that all those who cannot afford lawyers have an avenue toward justice, and be constantly updating technology with the aim of improving our courts’ efficiency while saving literally millions of dollars. For all of this, we need your help.


When I first became a judge, we had no email, no cell phones, no Internet. People didn’t Twitter or text, or post things on YouTube, Facebook or Instagram. The most modern equipment we had was a mimeograph machine.
This past year, by Supreme Court order, we created for the first time a governance
structure to bring our use of technology into the 21st century. Chaired by my colleague Justice Harold Melton, and co-chaired by Douglas County Superior Court Judge David Emerson, this permanent Judicial Council Standing Committee on Technology will lead the judicial branch by providing guidance and oversight of its technology initiatives.
Our courts on their own are rapidly moving away from paper documents into the digital age. At the Supreme Court, lawyers must now electronically file all cases. This past year, we successfully launched the next phase by working with trial courts to begin transmitting their entire court record to us electronically. The Court of Appeals also now requires the e-filing of applications to appeal, and this year, will join the Supreme Court in accepting electronic trial records.

Our goal is to develop a uniform statewide electronic filing and retrieval system so that lawyers and others throughout the judiciary can file and access data the easiest way possible.
Using a single portal, attorneys will be able to file documents with trial courts and appellate courts – and retrieve them from any court in the state. This is the system advocated by our partner, President Bob Kaufman of the State Bar of Georgia, and by attorneys throughout the state.
Such a system will not only make our courts more efficient at huge savings, but it will make Georgia safer. When our trial judges conduct bond hearings, for example, they often lack critical information about the person before them. They usually have reports about any former convictions, but they may not have information about cases pending against the defendant in other courts. The technology exists now to ensure that they do.
Also on the horizon is the expanded use of videoconferencing – another electronic
improvement that will save money and protect citizens’ lives. After a conviction and sentence to prison, post-trial hearings require courts to send security teams to pick up the prisoner and bring him to court. Without encroaching on the constitutional right of confrontation, we could videoconference the inmate’s testimony from his prison cell. Again, the technology already exists.
Our Committee on Technology will be at the forefront of guiding our courts into the 21st century.


As Georgia grows, it grows more diverse.
Our Georgia courts are required by the federal government to provide language services free of charge to litigants and witnesses, not only in criminal cases but in civil cases as well.
Even for fluent English speakers, the judicial system can be confusing and unwelcoming.
My vision for Georgia’s judiciary in the 21st century is that every court, in every city and every county in Georgia, will have the capacity of serving all litigants, speaking any language, regardless of national origin, from the moment they enter the courthouse until the moment they leave. That means that on court websites, signs and forms will be available in multiple languages, that all court staff will have the tools they need to assist any customers, and that court proceedings will have instant access to the interpreters of the languages they need.
Chief Magistrate Kristina Blum of the Gwinnett County Magistrate Court has been
working hard to ensure access to justice for all those who come to her court, most of whom are representing themselves.
Recently her court created brochures that provide guidance for civil trials, family
violence matters, warrant applications, garnishments, and landlord-tenant disputes. These brochures provide basic information about each proceeding – what to expect and how best to present their case in court.
Judge Blum, who is in line to be president of the Council of Magistrate Judges and is a member of our Judicial Council, has had the brochures translated into Spanish, Korean and Vietnamese. Such non-legalese forms and tutorial videos that our citizens can understand go a long way toward building trust in the judicial system, and in our entire government.
The Supreme Court Commission on Interpreters, chaired by Justice Keith Blackwell, is
making significant strides in ensuring that our courts uphold the standards of due process. With the help of Commission member Jana Edmondson-Cooper, an energetic attorney with the Georgia Legal Services Program, the Commission is working around the state to educate judges,court administrators and lawyers on the judiciary’s responsibilities in providing language assistance.
The essence of due process is the opportunity to be heard. Our justice system is the envy of other countries because it is open and fair to everyone seeking justice. By helping those who have not yet mastered English, we reinforce the message that the doors to the best justice system in the world are open to everyone.
Our law demands it. Our Constitution demands it.


The courts of the 21st century will symbolize a new era. A turning point in our history occurred when we realized there was a smarter way to handle criminals.
Six years ago, my colleague and then Chief Justice Carol Hunstein accompanied
Representative Wendell Willard to Alabama to explore how that state was reforming its criminal justice system. Back in Georgia, Governor Deal seized the reins, brought together the three branches of government, and through extraordinary leadership, has made criminal justice reform a reality. Georgia is now a model for the nation.
Today, following an explosive growth in our prison population that doubled between
1990 and 2011 and caused corrections costs to top one billion dollars a year, last year our prison population was the lowest it has been in 10 years. Our recidivism rate is the lowest it’s been in three decades. And we have turned back the tide of rising costs.
For the last five years, the Georgia Council on Criminal Justice Reform – created by the governor and your legislation – has been busy transforming our criminal justice system into one that does a better job of protecting public safety while holding non-violent offenders accountable and saving millions in taxpayer dollars. I am extremely grateful to this Council and commend the steady leadership of co-chairs Judge Michael Boggs of the Court of Appeals and Thomas Worthy of the State Bar of Georgia.
Throughout this historic reform, Georgia’s trial court judges have been in the trenches.
Our number one goal in criminal justice reform is to better protect the safety of our citizens.
Central to that goal is the development of our specialty courts – what some call accountability courts.
These courts have a proven track record of reducing recidivism rates and keeping our
citizens safe. Nationwide, 75 percent of drug court graduates remain free of arrest two years after completing the program, and the most conservative analyses show that drug courts reduce crime as much as 45 percent more than other sentencing options. Last year, these courts helped save Georgia more than $51 million in prison costs.
From the beginning, you in the legislature have steadfastly supported the growth in these courts, most recently appropriating more than $19 million for the current fiscal year.
Georgia now has 131 of these courts, which include drug courts, DUI courts, juvenile and adult mental health courts, and veterans courts. Today, only two judicial circuits in the state do not yet have a specialty court, and both are in the early stages of discussing the possibility of starting one. In addition to those already involved, last year alone, we added nearly 3500 new participants to these courts.
Behind that number are individual tales of lives changed and in some cases, lives saved.
Our judges, who see so much failure, take pride in these success stories. And so should you.

Chief Judge Richard Slaby of the Richmond County State Court, speaks with great pride of Judge David Watkins and the specialty courts that have grown under Judge Watkins’ direction. Today the recidivism rate among the Augusta participants is less than 10 percent.
The judges who run these courts are committed and deserve our thanks. We are grateful to leaders like Judge Slaby, who is President-Elect of the Council of State Court Judges and a member of our Judicial Council; to Judge Stephen Goss of the Dougherty Superior Court, whose mental health court has been recognized as one of the best mental health courts in our country; to Chief Judge Brenda Weaver, President of the Council of Superior Court Judges and a member of our Judicial Council. Judge Weaver of the Appalachian Judicial Circuit serves on the Council of
Accountability Court Judges of Georgia, which you created last year by statute. Its purpose is to improve the quality of our specialty courts through proven standards and practices, and it is chaired by Superior Court Judge Jason Deal of Hall County. Judge Deal’s dedication to the specialty court model in his community, and his guidance and encouragement to programs throughout the state, are described as invaluable by those who work with him.


We may not have a unified court system in Georgia. But we have judges unified in their commitment to our courts. Among our one thousand four hundred and fifty judges, Georgia has many fine leaders. I’ve told you about a number of them today. In closing, I want to mention two more.
When the United States Supreme Court issued its historic decision last year on same-sex marriage, our Council of Probate Court Judges led the way toward compliance. Three months before the ruling was issued, the judges met privately at the behest of the Council’s then president, Judge Chase Daughtrey of Cook County, and his successor, Judge Don Wilkes of Emanuel County. Together, they determined that regardless of what the Supreme Court decided, they would follow the law. Both Governor Deal and Attorney General Sam Olens also publicly announced they would respect the court’s decision, despite tremendous pressure to do otherwise.
These men are all great leaders who spared our state the turmoil other states endured. The bottom line is this: In Georgia, we may like the law, we may not like the law, but we follow the law.


The day-to-day business of the Georgia courts rarely makes the news. Rather judges,
their staff and clerks spend their days devoted to understanding the law, tediously pushing cases through to resolution, committed to ferreting out the truth and making the right decision. It is not easy, and they must often stand alone, knowing that when they sentence someone to prison, many lives hang in the balance between justice and mercy.
So I thank all of our leaders, and I thank all of our judges who are leading our courts into the 21st century.
May God bless them. May God bless you. And may God bless all the people of Georgia.
Thank you.

“Four judicial appointments are being denied Gov. Nathan Deal”. “over a period of decades, it has become customary throughout Georgia for a judge to resign mid-way through the final elected term, which allows the governor to install an incumbent of his choice in time for the next nonpartisan election. Which usually discourages all challengers. Bestowing these prizes has become one of the great perks of the governor’s office.”


(Judge Irma Glover speaks to the audience during a criminal arraignment at Cobb County State Court in Marietta in 2013. Her retirement was announced on Tuesday. Hyosub Shin, hshin@ajc.com)
Greg Bluestein
@bluestein
Daniel Malloy
@ajconwashington
Jim Galloway
@politicalinsidr
http://politics.blog.ajc.com/2016/01/06/cobb-county-judges-deny-gov-nathan-deal-four-bench-appointments/

Cobb County judges deny Gov. Nathan Deal four bench appointments
January 6, 2016 | Filed in: Cobb County, Elections – President, Georgia Legislature, Jimmy Carter, John Lewis, Nathan Deal.

Judge Irma Glover speaks to the audience during a criminal arraignment at Cobb County State Court in Marietta in 2013. Her retirement was announced on Tuesday. Hyosub Shin, hshin@ajc.com

Judge Irma Glover speaks to the audience during a criminal arraignment at Cobb County State Court in Marietta in 2013. Her retirement was announced on Tuesday. Hyosub Shin, hshin@ajc.com

We told you earlier this morning that Allison Barnes Salter, daughter of former Gov. Roy Barnes and a managing partner in the Barnes Law Group, will run for an open seat on the Cobb County State Court bench.

But that is only part of the story.

(Allison Salter Barnes, who announced her candidacy for a state court judgeship on Tuesday).

Allison Salter Barnes, who announced her candidacy for a state court judgeship on Tuesday.

A total of four judges in Cobb County – all women, one on the superior court bench and three on the state court bench – have announced that they will not be running for re-election when their terms expire this year.

Which means that four judicial appointments are being denied Gov. Nathan Deal.

This is actually how the system is supposed to work. But over a period of decades, it has become customary throughout Georgia for a judge to resign mid-way through the final elected term, which allows the governor to install an incumbent of his choice in time for the next nonpartisan election. Which usually discourages all challengers. Bestowing these prizes has become one of the great perks of the governor’s office.

One can’t rule out the possibility that these departing judges hold a fervent belief in the power of voters. Superior Court Judge Adele Grubbs, who is retiring at age 72, won her seat on the bench in a 2000 election. State Court Judge Melanie Clayton first won her seat in an open-field election in 1992.

But we also may be seeing something of a Democratic hangover here. Kathryn Tanksley, another departing state court judge, was appointed as one of the last acts of Governor Barnes before he left office in 2002. And State Court Judge Irma Glover, whose retirement was announced Tuesday in the Daily Report, was a 1995 appointee of Gov. Zell Miller.

Cynthia J Becker, Longtime Member of the Black Robed Mafia, Shown in Article by TinaTrent.com, http://crimevictimsmediareport.com/?p=1

Becker’s excuse for her failings that caused the death of a special cancer research specialist, was that she liked the wedding dress website that the felon had told her was his website. How that woman’s family must have felt, and had to deal with her death.

TinaTrent.com ●

February 21, 2009 2:40 pm

The Anatomy of Yet Another Unnecessary Murder: How the Justice System Failed Eugenia Calle and Is Failing Us All

by Tina in Atlanta,Citizens Fight Back,Crime and Justice Blog,Judges,Recidivism

Introduction

What follows is a preliminary effort to piece together Shamal (aka Jamal) Thompson’s long and troubling journey through Georgia’s broken criminal justice system prior to February 17, 2009, the day he murdered* an innocent cancer researcher named Eugenia Calle. Ten months earlier, a DeKalb County Superior Court Judge named Cynthia J. Becker let Thompson walk free from what should have been a ten-year sentence for burglary. She did so on the grounds that he was a first-time offender.

He was not.

I gathered the records of Thompson’s many other criminal charges and pleas merely through Internet searches and a few phone calls to court clerks in Fulton, DeKalb and Gwinnett Counties in Georgia. These counties and jurisdictions vary quite significantly in their commitment to making public safety information available to the public. Fulton County’s public records system is almost uniquely shameful in comparison to similar courts throughout the country, while DeKalb County’s records are impressively detailed and easy to access on-line.

This information is preliminary, based only on a few phone calls and web searches. If you choose to reproduce or quote this article, please understand that I am unable to guarantee its absolute accuracy at this point. Court records themselves often contain errors, and I can only reproduce what is entered on-line by the courts. However, I include the public records case numbers for every case I cite, and if anyone involved in the justice system (or not) wishes to offer corrections or add to this account, please contact me through this website.

Why Didn’t Judge Cynthia Becker Do What I Did?

I am not a lawyer. I don’t even live in Georgia anymore, though I lived in southeast Atlanta for twenty years. Yet I managed to look up Shamal Thompson’s criminal history while sitting at a computer in Florida. From 500 miles away, with no press credentials or official status or legal secretary or law clerk, I was able to easily discover what several judges in Georgia apparently did not care enough to find out: Shamal Thompson was no “first-time offender,” or mere “troubled kid” when he strolled into courtrooms throughout Metro Atlanta and was repeatedly given a slap on the wrist and a fourth, or tenth, second chance. He was no first-time offender when he strolled into Eugenia Calle’s condominium and beat her to death on Tuesday.

He was clearly no first-time offender in 2006, when he walked away from felony charges of aggravated assault in DeKalb County after the ADA declined to present the case against him to the Grand Jury (DeKalb County on-line Judicial System, #D0170113). He was no first-time offender in 2007, when State Court of Fulton County Judge John Mather let him take a plea on theft-by-taking (State Court of Fulton County #06CR314782). And he was certainly no first-time offender ten months ago, when DeKalb County Superior Court Judge Cynthia J. Becker let him walk out of prison with time served on a ten-year sentence for Burglary that she chose to reduce to a six-month “first offender” sentence, and then reduced, even more, to time served (DeKalb County On-Line Judicial System #07CR3936).

How does ten years become six months become time served? How does somebody who has bonded out of several courts and been charged with multiple crimes multiple times keep getting defined as a “first-time offender?” Why do judges keep releasing him, and DAs keep declining to prosecute him? How many innocent people have to die before we acknowledge that our courts are so de-funded and functionally broken that predators have little or nothing to fear from being arrested over and over and over again?

How many people have to die before we say that we’ve had enough?

Here is the burglary sentence delivered to Shamal Jerome Thompson on April 3, 2008 in a courtroom in DeKalb County, Georgia. Think of it as Eugenia Calle’s death sentence:

Docket Text Details

Case ID 07CR3936
Description Sentence
Docket Filing Date 03-APR-2008
Associated Party SHAMAL JEROME THOMPSON
Text
AS TO THOMPSON, FIRST OFFENDER SENTENCE, 10 YEARS TO SERVE 6 MONTHS IN JAIL AS TO COUNT 1. CREDIT FOR TIME SERVED FROM 9/30/2006 – 10/4/2006 AND FROM 2/11/2008 TO PRESENT, TIME TO SERVE REDUCED TO TIME SERVED. MUST PAY $32/M PROBATION FEE AND $50 INDIGENT DEFENSE FEE, RESTITUTION IN THE AMOUNT OF $350, RESTITUTION NEEDS TO BE PAID WITHIN 12 MONTHS, IF PROBATION IS DONE CORRECTLY AND RESTITUTION IS PAID CASE MAY CLOSE AFTER 5 YEARS. SIGNED BY JUDGE BECKER ON 4/3/2008
Why did Judge Becker give Thompson First Offender status? His adult record stretches back virtually to the day he ceased being a juvenile, which certainly suggests that he committed crimes that we, the public, cannot even know about before he turned 18. And why, once again, was I able to find these things on-line, hundreds of miles away, while the courts in Atlanta kept letting Shamal Thompson back onto the streets?

WSB Atlanta offers some truly gut-wrenching insight into what Judge Becker was using her Internet for when she should have been looking into Thompson’s criminal history before sentencing him on those burglary charges. She was looking at the bridal gown website Thompson claimed to have designed. According to WSB (and WSB was the only news station that reported this), “Judge Becker cited the Web site and the ‘beautiful designs’ on the site as part of the reason for the light sentence she gave Thompson in the burglary case.”

Let’s take a moment to let that sink in.

Perhaps because I wasn’t busy looking at bridal gowns, what I found on-line about Shamal Thompson had less to do with taffeta than serial identity theft. And fraud. Little clues that should have led the Judge to ask herself: “Is this guy even telling me the truth when he tells me he’s a bridal fashion designer?” Cynthia Becker needs to resign, out of embarrassment if not some deeper comprehension of the grotesquely ironic lack of judgment she displayed.

Am I the only person who thinks Cynthia Becker needs to quit her day job? Well, here’s a good way for you to decide. Because DeKalb County keeps such stellar on-line records, you can actually go to their website, the Online Judicial System of DeKalb County.

Go to Shamal Thompson’s case, #07CR3936, and you will see a list of documents – a case docket. Some of the documents are on-line, and some, like the court transcripts, aren’t on-line, but you can go to the court and request to see those. Or pick some other offender – someone who has been terrorizing your neighborhood, or someone who has been in and out of the courts, or another of Becker’s cases. Take a look at the dockets and think about all of the money we’re wasting on truly baroque and foolish things, while the crimes themselves – the point of the courts – seem to literally disappear in the endless processing and pleading and not prosecuting, or “nolle prosequi.”

Nolle prosequi can occur because nobody had the resources to even investigate the case, or because there are too many defendants, or too many crimes, or because the public has become so gob-smacked with the idea that they are freeing innocent men that it is practically impossible to get most people put away anymore. Nolle prosequi might as well be translated: we’re losing this game every day.

And don’t expect critical news about the broken court system from the daily paper. They run personality pieces on criminals and mash notes about defense attorneys and never, ever, challenge judges. The AJC hasn’t done a substantive series questioning sentencing in the courts since 1993. They’ll go after the police, and some of the time when they do they should, but the courts get treated with real kid gloves.

So I encourage you to go to the courthouse and see how things work. But please remember, court clerks are busy people. The good ones rank among the un-noticed heroes of our dysfunctional courts. They don’t get the cushy no-show jobs like Juanita Hicks, former Fulton County Clerk of Court, who appointed her crony, Cathelene Robinson, who then turned around and paid Juanita to “write a history of the Clerk’s Office,” which Hicks of course, didn’t get around to writing.

But she did take the money, which is just one reason why Fulton County says it can’t afford to put criminal records on-line, so you can’t go on-line and find information about the dirt-bag who just kicked in your back door.

Just remember that when you’re standing in the hallway of the courthouse with a paper in your hand on which Judge Cynthia Becker prattles on about Shamal Thompson’s design skills: it wasn’t the clerk behind the counter who let Thompson walk out the door you’re about to walk out through. The clerk behind the counter probably would have thrown him in prison, where he belonged.

Who is Shamal Thompson?

I know nothing of Thompson’s life story. For that type of “color coverage,” you’ll have to wait for the AJC to run long, plaintive stories about his difficult youth. Meanwhile, here is what I was able to find out about Shamal Thompson’s crimes and history, so far:

Thompson was born either on 3/11/86 or 11/3/86, and he may well have used different birthdates, as well as different names, to avoid detection of his other crimes. Of course, with technology like the In-ter-net, and fingerprint databases, such simple ploys should not have worked at all. Did they? Interesting question.

On May 18, 2005, a warrant was issued for Thompson in Gwinnett County on the charge of theft by receiving stolen property (#05W-17152). It would be two years before the courts addressed these charges. He also apparently committed an act of theft on December 9, 2005 (#06CR314782). The information I received was confusing, but the State Court of Fulton County wouldn’t address those charges, either, until 2007.

Meanwhile, on September 28, 2005, Thompson was arrested in DeKalb County. He was released on October 5. Charges included felony aggravated assault, fleeing/attempt to elude, and reckless driving. Eight months later, on July 25, 2006, an Assistant District Attorney declined to present the case to a Grand Jury in DeKalb, and Thompson walked (#D0170113, or use the name Shamal Thompson, and be sure to hit the “all” button on the “case status” prompt).

Why did the ADA decline to go forward with the case? Why didn’t the jurisdictions of Gwinnett and DeKalb communicate with each other and deliver Thompson to Gwinnett to face his outstanding warrant there?

In any case, on August 26, 2006 (note, we’re up to 2006 now – the dates get confusing: there’s so many of them), Thompson committed a felony burglary in DeKalb County. He was arrested and spent five days in jail – from September 30 to October 4, 2006. This case wouldn’t reappear until 2008, in Judge Becker’s court.

About ten weeks later, December 5, 2006, Thompson was in trouble again, this time in the State Court of Fulton County. I have little information on this case, and the on-line database from the State Court of Fulton County is ridiculously unusable. The charge was forgery-in-the-first-degree; Thompson was the second defendant in the case, and it is “still open,” according to a helpful clerk on the phone. The case number is #06CP5770.

Next, on or around December 18, 2006, Thompson was either charged with theft-of-services and identity fraud or appeared in court on those charges. Again, the information I have is confusing, but the clerk told me that the case is still open; the “last court date scheduled for it was January 2, 2007; and that the Fulton DA “hasn’t scheduled another court date.” The case number is #06CP60870.

All of this could be made clear to us on-line, of course, if there were any functioning leadership at the Clerk of Court during the expensive and ruinous years of Juanita Hicks and Cathelene Robinson.

The next day, December 19, 2006, Thompson had 11 counts of identity fraud “dismissed at jail.” Whatever that means. It could be that some overworked cop didn’t show up, or didn’t show up the sixth time, after Thompson’s defense attorney managed to spin the date a half-dozen times before. It could mean some paperwork disappeared. Or was disappeared. It could be that the overworked DA’s office couldn’t cope, that the case seemed insignificant compared to the thousands of others they were investigating and preparing. In any case, in case #06CP60926, Thompson walked out the door. Free again.

For forty days, at least. On January 30, 2007, the State Court of Fulton County got around to addressing Thompson’s 12/9/2005 theft charge. Judge John Mather accepted a plea, and Thompson walked. The case number is #06CR314782.

It would be great if somebody in Atlanta would go to the State Court of Fulton County and take a look at Judge Mather’s sentence and any other materials related to the case. For if Thompson accepted a plea, why is it that Judge Becker gave him a first-time offender’s break, and Judge Michael Clark (we’ll get to him next) simply dropped charges against him and let him walk?

Onward and upward. On April 23, 2007, Judge Michael Clark of the Gwinnett Superior Court cut Thompson a deal: in exchange for Thompson pleading guilty to theft by receiving, Clark dropped another charge of theft by taking and gave him five years probation — as a first offender. Case #06-B-02474-4, Gwinnett Courts.

Questions arise. If Thompson pleaded guilty on January 30, 2007, why did he get to plead guilty, again, as a first offender, some seven weeks later? For that matter, had Judge Mather give him a first-offender deal, too, those seven weeks prior to his second first-offender plea, despite his juvenile record, if it exists, and all the other confirmed charges floating around? The head swims. But, then again, I’m sitting here in Florida, getting paid nothing to watch the dolphins cavort, dreaming of crime victims.

I’m not some judge in her chambers in DeKalb County getting paid to enforce the law. Dreaming of wedding gowns.

Some time around February 11, 2008, Shamal Thompson was back in jail again in DeKalb County, where he stayed until April 3, when he convinced Judge Cynthia J. Becker that his bridal gown web design skills entitled him to a third first-offender sentence, a further reduction in that sentence, and immediate release with time served, justice be damned.

And 319 days later it was, wasn’t it?

What Will Happen Now?

What will happen now is that Shamal Thompson has just bought himself (on our tab) a very expensive and high-profile defense team who will use our money to accuse us as a society of failing this talented /troubled/ mentally unstable/ promising/ neglected/ sensitive/ misunderstood young man while using every trick they’ve embedded in the criminal justice system to try to get him off again as they grandstand to enhance their public personas while lining their pockets and wailing that they do all this in order to defend justice from its enemies.

Lapdogs in the daily press will breathlessly report this.

Eugenia Calle’s family and loved ones will bury her body and remember all the good she did while she was alive.

Her colleagues will go back to trying to cure cancer.

Who Was That Who Saw it Coming?

In 2005, a writer named Coley Ward published a startling article in Atlanta’s Creative Loafing. Called “Case Dismissed: Accused Felons Often Are Released When Officers Fail to Testify,” Ward interviewed Fulton County Magistrate Judge Richard Hicks, who complained that more than half of the felony cases scheduled in his courtroom had to be dismissed, usually when police officers didn’t show up to testify. The police argued back that they didn’t always receive subpoenas in time, or that they were on duty elsewhere or off the clock – working for free. DA Paul Howard (whose own staff is stretched beyond human means) argued that most of those felons eventually got re-arrested for something else and thus indicted, an argument Judge Hicks called statistically untrue. Even if it were true, Coley Ward points out, what type of system lets out half its felons, or more, on the grounds that they’ll be back again soon?

Everybody agreed on one thing, though: the justice system is so broken that the chance of a felon even getting indicted once he has been caught, if he is caught, is so small in Fulton County that it hardly seems worth worrying about.

Now picture Shamal Thompson boldly strolling through Dr. Eugenia Calle’s condominium lobby, trying to get back into her apartment, where he knew her body lay, after killing her and going on a cold-blooded shopping spree with her credit card. No consequences. No fear.

We should have all seen it coming. Thompson appears before Judge Richard Hicks on March 3, four years after Hicks pulled the fire alarm on his own courthouse.

And the Mayor and the Chief of Police continue to say that there’s no problem, that it’s all in people’s heads, that crime is down.

I once had a defense attorney say: “Geez, you take this stuff so personally.” Well, I’m a victim of violent crime, and so is my husband and many, many of my friends in Atlanta. I matriculated from Emory University’s Graduate School, and as a public health worker and lobbyist, I occasionally worked with the epidemiologists, including those involved in seeking the links between hormones and cancer that defined Eugenie Calle’s research (I never met her). My dear friend, Toni, lost her life to cancer two years ago. Another dear friend and mentor, Vicki, has been fighting breast cancer for years. I lost a beloved male friend suddenly to cancer last year. And since Christmas, my mother has been waging a valiant fight against late-stage lung and brain cancer.

So, yeah. As someone who prays daily for those gone to cancer and those fighting it now, I take the loss of a brilliant and dedicated cancer researcher personally. God rest.

As a crime victim, I take crime personally.

As an Emory alum, I take their community’s safety personally, and I would expect all members of the campus, even those faculty of the offender-besotted-ilk, to take the murder of a member of their community seriously.

As a woman, I take the vulnerability of women personally. As a former Atlantan who worked hard to make the city a safer place for women and children, I take crime in Atlanta seriously.

It’s up to us – black and white, neighbor by neighbor by neighbor, to come together to demand that criminals be removed from the streets. Permanently. The only way to break the cycle of violence — to save the younger brothers and sisters of all the Shamal Thompsons out there, is to change what the courts have been doing for the last thirty years.

Stop letting the predators out. All of them.

Start prosecuting crimes. All of them.

Start telling us the truth, the whole truth, and nothing but the truth about what is happening in our courts. They are the problem. And that is what this blog will be about.

I am so, so sorry for Eugenia Calle and for the people who loved her.

Tomorrow: What citizens in Atlanta are doing to fight crime and monitor the courts.

*Of course, Thompson has not yet been convicted of the crime.

Judge Brian House Up For Re-Election?

It don’t get much more obvious that the corruption in Ringgold Georgia.  The judges there violate their ethics and the Cannons in blatant style.  Check the link to the news on Brian House.  He lied three times during the interview!

http://www.youtube.com/watch?v=VLZla0lf1pI

Fukushima Cs-137 Found in Beef, Milk, Vegetation, Beginning in 2011 Through now

Fukushima nuclear material reported in West Coast groundwater; It’s discharging into Pacific Ocean — Fallout also found in meat and fish from same area — “Routinely detected’ in plant life long after March 2011

 
Published: September 4th, 2014 at 11:02 am ET
By
Email Article Email Article
124 comments

http://enenews.com/fukushima-nuclear-material-reported-west-coast-groundwater-being-discharged-pacific-ocean-fallout-detected-meat-fish?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29

 

Diablo Canyon Power Plant (DCPP) Units 1 and 2 Annual Radiological Environmental Operating Report, published April 30, 2014: Isotopic releases occurred in Japan and were carried by the jet stream to the west coast of the United States… [DCPP] periodically detected cesium (Cs-137) within market fish and cow meat due to deposition of Cs-137 from [Fukushima]… Fukushima Cs-137 was detected within one sample of monitoring well… Cs-137 was detected in three samples of market fish most likely due to rainwater washout of Fukushima Cs-137… Cs-137 was detected in [a] 2013 meat samples due to the Fukushima Japan nuclear accidents. This detection occurred… in October… [DCPP] detected cesium within milk, vegetation, and meat throughout 2011 [and] continued to detect cesium within groundwater, fish, vegetation, and meat throughout 2012.

Diablo Canyon Power Plant Units 1 and 2 Annual Radiological Environmental Operating Report, Apr. 30, 2013: Throughout 2012 [we] continued to detect cesium (Cs-137) within milk, vegetation, monitoring wells, fish, and meat due to deposition of Cs-137 from that event… Concentrations of cesium (Cs-137) were also detected in two shallow monitoring wells… This cesium was evaluated and attributed to rain-washout of Fukushima fallout… Due to topography and site characteristics, this groundwater gradient flow discharged into the Pacific Ocean… Cs-137 was detected in three samples of fish most likely due to rainwater washout of Fukushima Cs-137… Cs-137 was detected in 2012 vegetation samples… due to rainwater washout of Fukushima Cs-137 [that] was absorbed by plant life and the soil. DCPP… has routinely detected Cs-137 in plant life since March of 2011 due to this Fukushima event… Cs-137 was detected in… [cow] meat samples due to the Fukushima Japan nuclear accidents… Vegetation uptake and subsequent digestion by the animals were the source of these Cs-137 isotopes into the meat.

See also: California Nuclear Plant Engineer: We were hit by explosion at Fukushima Unit 3 (MAP) — “The public started to freak out” — Tell colleagues what radioactive material is coming their way… don’t notify public — Don’t release initial data to officials until they’re ‘on board’

City of Springfield Banned all Foreclosures! How Will The Supreme Court Rule On That?

 

BOSTON – A group of Western Massachusetts banks argued before the state’s highest court on Thursday that the city of Springfield’s anti-foreclosure ordinances should be overturned.

The banks say the local ordinances contradict state laws, and a bond levied on lenders constitutes an illegal tax. “It’s not that banks are opposed to mortgage laws and reform, but to how it’s being done,” said Craig Kaylor, general counsel for Hampden Bank, one of the banks that brought the lawsuit. “These are for the state to decide, not city by city.”

But the city disagrees and says the laws are necessary to avoid blight and protect neighborhoods that have high rates of foreclosure.

“This is the city’s response to the foreclosure crisis,” said Springfield Assistant City Solicitor Thomas Moore, who argued the case before the Supreme Judicial Court. “It’s a response from the city council and mayor based on what they see every day in the city. They’ve taken the strongest stance to protect homeowners and the city itself.”

The city of Springfield passed two anti-foreclosure ordinances in 2011 as the city was being hit hard by the mortgage foreclosure crisis. One ordinance requires a bank that forecloses on a home to pay for a $10,000 bond, which can be used by the city to maintain the foreclosed properties, if the bank fails to do so.

The other ordinance requires the establishment of a mandatory mediation program to help homeowners facing foreclosure. The bank would be responsible for paying most of the cost of the mediation.

Springfield is among the top cities in the state in the number of distressed properties it has. The city says high rates of foreclosures lead to health and education problems for children in families that lose their homes, and high rates of blighted or vacant properties lead to crime and violence in those neighborhoods.

Six western Massachusetts banks, with Easthampton Savings Bank as the lead plaintiff, challenged the ordinances. A U.S. District court judge upheld the ordinances. However, on appeal, the U.S. Court of Appeals issued a stay preventing Springfield from enforcing them. The federal court then asked the Supreme Judicial Court, the state’s highest court, to answer two questions related to state law before the federal court makes its ruling. The case is Easthampton Savings Bank and others vs. City of Springfield.

The SJC must decide whether the local foreclosure ordinances are preempted by existing state foreclosure laws. The court must also decide whether the $10,000 bond is a legal fee or an illegal tax. Cities and towns cannot create taxes without legislative approval.

The banks also argue that the ordinances violate the contract clause of the U.S. Constitution by impairing the contract between the homeowner and the mortgage-holder, a question that remains before the federal court.

During Thursday’s arguments, Tani Sapirstein, an attorney representing the banks, argued that the bond is a tax because banks do not get any particular benefit from paying it – which is the criteria for calling something a fee. The way the bond works is when a foreclosed property is sold, if the city did not have to use the bond money to maintain it, $9,500 would be returned to the bank and $500 is kept by the city as an administrative fee, used to maintain blighted properties and implement the foreclosure laws.

Chief Justice Ralph Gants questioned Sapirstein on whether the bank does not actually receive benefits. “You have an interest in preserving the value of your property,” Gants said. “If there are foreclosed properties going to hell all around your property, it diminishes the value of your property and diminishes the value of what you receive on the foreclosure. Why is this concern about avoiding blight not something that would benefit the bank as well as the city?”

Sapirstein replied that eliminating blight would benefit the bank “as well as the city and other property owners in the neighborhood.” “How is that a particularized benefit?” she said.

Moore argued that the bond is a fee, which the city needs to hire code inspectors and create a database of who controls foreclosed properties.

But Justice Geraldine Hines said if she pays for a copy of her birth certificate, she gets a document in return for the fee. “Here I don’t see that,” she said. “The property owners, the mortgagees, don’t have something tangible.”

Moore said the banks get a “well-regulated industry” and preservation of their property values. In addition, when a bank registers ownership in the database, the city knows who is responsible and problems can be resolved more easily.

Sapirstein also argued that local law cannot require more than state law in an area that is regulated by the state or the result would be “a patchwork of ordinances.”

Gants indicated that the court may move to narrow the ordinances – for example, applying them only to a bank that has taken possession of a house, not a bank that is in the process of foreclosure when the homeowner is still living there. Gants said the ordinance as written could fine a bank for not maintaining a property where the homeowner still lives. As a homeowner, Gants said, “I’d say I’m still living here. This is my home. How can they be punished for not invading what’s still my home just because they happen to be foreclosing on it?” Gants said.

Moore acknowledged that the ordinance may be overbroad and said the city does not anticipate pursuing a violation in a case like that. Moore said the lenders’ lawsuit is premature because there is no information yet about how the city will enforce the laws. “We have the lenders essentially saying the sky will be falling, we are worried about x, y, z happening. None of that has happened and none of that may happen,” Moore said.

Moore said the city is still writing the regulations for the ordinances and if they are upheld, “The city is ready to go forward with implementation within a period of weeks.”

Similar foreclosure ordinances were established in Lynn and Worcester, and local banks challenged those as well. That lawsuit is pending in U.S. District Court in Worcester. The case involving Lynn and Worcester could be affected by the SJC’s ruling in the Springfield case.

Several activists supporting homeowners came in from Lynn and Springfield to hear the arguments. Candejah Pink, a Springfield homeowner and community organizer battled foreclosure for four years before reaching an agreement to keep her home. She helped write the Springfield ordinances. Pink said the bond is there to ensure that homes are maintained, which keeps crime and violence down. The mediation program, she said, is important to help homeowners come to an agreement with lenders. “We’re not asking to live in our homes for free. We’re asking for some mediation,” she said.

“Horror” Pacific Ocean Found to Be Dead!

“HORROR”  “Pacific Ocean Now Dead From Fukushima Radiation”  

https://www.youtube.com/watch?v=-1FrscZBjhc&list=TLdJ28vujOJspnMzaADNRXD7_AfpiMeO-H 

Streamed live on Aug 10, 2014

http://www.thenuclearproctologist.org/ The entire 200 kilometers we checked of Canadian Pacific Coast Line was devoid of all life , recovery is highly unlikely . This presentation will be followed tonight with a Q & A session at 8 pm pacific Canada time on this same site beautifulgirlbydana . Watch the live presentation Aug

We Applaud A Green Road Blog For The Information They Post!

http://agreenroad.blogspot.com/2013/09/list-of-all-genetically-linked-diseases_1674.html

 

List Of All Genetically Linked Diseases Caused By Low Level Radiation Exposure

HOW ARE GENETIC DISEASES CAUSED BY LOW DOSE RADIATION?

“When ionizing radiation interacts with one of the chromosomes, there are two major ways in which the information system of the cell can be permanently altered by radiation. Genes are the units of information within the chromosome. They are composed largely of the chemical known popularly as D.N.A. (deoxyribonucleic acid). Radiation can produce a chemical alteration in a part of a single gene, so that the gene functions abnormally thereafter, providing the cell with false directions. When such cells divide, the altered gene may be reproduced in the descendant cells.

http://www.ratical.org/radiation/CNR/PP/chp3.html

RESEARCHERS KNEW IN 1926 THAT LOW DOSE RADIATION BREAKS DNA

Research done back in 1926 proved that even low doses of radiation can cause harm genetically speaking, as explained by Dr. Baxter. The nuclear ‘experts’ knew even back then that low doses of radiation were harmful to insects and human beings, but even today, the nuclear ‘experts’ are covering this up and/or denying it, because of what this would mean for the nuclear industry. For more information about how and why this works, click on the link below.

Global Corporations And The 1%; Art And Science Of Deception
http://agreenroad.blogspot.com/p/corporations-art-and-science-of.html

What genetic diseases are linked to radiation? Scroll down to see the full list of all known genetic diseases.

Remember, any one of these genetic ‘diseases’ can be caused by exposure to low doses of radiation, such as X-rays, depleted uranium, low doses of radiation from a nuclear accident or nuclear bomb testing radiation fallout.
Uranium Mining and Enrichment – Nuclear Bomb -Nuclear Fuel Manufacturing
http://agreenroad.blogspot.com/p/uranium-mining-and-enrichment.html

MEDICAL DOCTOR EXPLAINS DANGERS OF LOW DOSE RADIATION

In the video above, listen to Dr. Helen Caldicott MD talks about the damaging health effects of radiation, and an estimate of what it would cost if a nuclear accident happened in the USA. Actually, due to nuclear power plants, DU weapons, 2,400 open air nuclear bomb tests, and medical use of radioactive isotopes, we are living in the equivalent of low level global nuclear war, and everyone is being damaged on a genetic level by internal low dose radiation. Just because man made radioactive elements released by all of these sources are invisible, does not mean it is harmless.

It is estimated that 40 to 60 million deaths have already resulted from the 2,400 open air nuclear tests, and multiples of that number in terms of diseases and genetic diseases caused by the low dose radiation.

40 – 60 MILLION Deaths Due To Global Open Air Nuclear Weapons Testing 1945 to 2003; via @AGreenRoad
http://agreenroad.blogspot.com/2014/04/40-60-million-deaths-due-to-global-open.html

Everyone has man made radiation inside of them, which acts like a machine gun firing in all directions on a cellular level, 24 hours a day, 365 days per year.

Background Radiation Has Increased 600 Percent – 1 mSv In 1950 To over 6 mSv In 2014; Where Is This Coming From?

http://agreenroad.blogspot.com/2014/03/background-radiation-has-increased-600.html

LOW DOSE RADIATION DOES DNA DAMAGE, SHOWS UP YEARS LATER

Dr. Caldicott MD explains how the cancers and genetic diseases caused by man made radioactive elements do not show up right away. These diseases and cancers have an incubation time of many years, before they actually show up. Genetic diseases caused by low dose radiation damaging the chromosomes in eggs or sperm often do not show up until the next generation, or in the case of recessive genes, the genetic diseases do not show up until multiple generations in the future.

Links Between Chronic Fatigue From Ionizing Radiation And Cancer/Leukemia; via @AGreenRoad
http://agreenroad.blogspot.com/2013/05/links-between-chronic-fatigue-from.html

DNA DAMAGE INCREASES WITH EACH GENERATION

Dr. Caldicott MD also says that genetic diseases that the radiation causes get worse with each succeeding generation, as the radiation keeps damaging genes, and those damaged genes get passed on through each generation.
Depleted Uranium, X Ray’s, Low Dose Radiation, And Effect On Health, Aging, DNA, RNA, Future Generations; via @AGreenRoad
http://agreenroad.blogspot.com/2014/04/depleted-uranium-x-rays-low-dose.html

Dr. Rokke Former Military Reveals Dangers Of DU Dust; via @AGreenRoad
http://agreenroad.blogspot.com/2013/09/dr-rokke-former-military-reveals.html

 

MEDICAL AND NUCLEAR SCHOOLS DO NOT TEACH LOW DOSE RADIATION HAS HARMFUL EFFECTS

Medical schools and nuclear technology courses in colleges that train the nuclear ‘experts’, do not teach the negative genetic effects of low dose radiation or the harm that it causes to health. They also do not teach the harmful effects or symptoms of low dose radiation. Why not? As a matter of fact, most doctors and nuclear experts are taught to believe in the hormesis theory, that radiation is actually good for you. Around Fukushima, the medical authorities are claiming that smiling will protect residents from radiation.

Rachel Maddow – Hormesis Promoting Republican Art Robinson Wants To Sprinkle Radioactive Waste From Airplanes Over Cities? via @AGreenRoad
http://agreenroad.blogspot.com/2013/08/rachel-maddow-hormesis-promoting.html
Hormesis; What Does Not Kill You, Is Good For You
http://agreenroad.blogspot.com/2012/05/hormesis-what-does-not-kill-you-is-good.html

In his book; “NUCLEAR RADIATION: THERE IS NO SAFE DOSE, by  Dr. Romeo F. Quijano, M.D., says that; “Government “experts” are actually misinterpreting the standards used world-wide as the common basis for radiological protection standards……The concept of “permissible” or “acceptable” level is derived from toxicologic assumptions and extrapolations which do not constitute a valid rationale for a conclusion of “safety”……The “small” amount of radiation, claimed to be “safe” by authorities, added to our increasingly fragile environment will cause serious harm to the health of human beings and other living organisms all over the world. Radioactive particles, especially Plutonium, Strontium, and Cesium are bioaccumulative, extremely persistent and highly toxic…..Particularly devastating would be the inevitable damage to the genetic pool which will lead to an increase in the number of seriously defective offspring who will be born in future generations.”

http://www.abs-cbnnews.com/insights/04/01/11/nuclear-radiation-there-no-safe-dose

Quotes From Famous People About Nuclear Energy, Weapons And Low Dose Radiation Dangers; via @AGreenRoad
http://agreenroad.blogspot.com/2013/07/quotes-from-famous-people-about-nuclear.html
Low Dose Radiation Dangers/Symptoms For Children And Adults
http://agreenroad.blogspot.com/p/low-dose-radiation-dangers-for-children.html

Low Level Nuclear Radiation In Food And Water
http://agreenroad.blogspot.com/p/low-level-nuclear-radiation-in-food-and.html

“…When the DNA of germ plasm is affected by radiation it can result in chromosomal diseases, such as trisomy 21, more commonly known as Down’s Syndrome. Mentally retarded children, victims of Down’s Syndrome, have been reported in Kerala, India, an area of high natural radioactivity.[7] Recently, cases of Down’s Syndrome have been tentatively linked to women exposed to radioactive releases from the large plutonium fire at Sellafield (Windscale) in 1957.[8] While Down’s Syndrome babies have long been associated with births to older women (those with higher accumulated exposure to natural background radiation),[9] the Sellafield-related cases involve women with an average age of 25 years….”

http://www.ratical.org/radiation/inetSeries/NIDcell.html

“BOTH point mutations and structural aberrations of chromosomes are induced by ionizing radiations, causing genetic variation and abnormalities in man and other organisms.,,,“During an epidemiological study of nodular lesions of the thyroid in this area, we noticed an apparently high prevalence of Down’s syndrome and other forms of severe mental retardation. We therefore made a house-to-house survey of developmental abnormalities in this area and in a comparable control area without high background radiation (Fig. 1). We also determined the frequency of chromosome aberrations in a sample of the normal population living in the study and control areas. The observations we report here support the view that radiation-induced genetic anomalies occur with above average frequency in the population living in the area with high background radiation.

Nature 262, 60 – 61 (01 July 1976); doi:10.1038/262060a0

Down’s syndrome and related abnormalities in an area of high background radiation in coastal Kerala

N. KOCHUPILLAI, I. C. VERMA, M. S. GREWAL & V. RAMALINGASWAMI

http://www.nature.com/nature/journal/v262/n5563/abs/262060a0.html

Radiation of the reproductive organs induces genetic mutations in the sperm and eggs, increasing the incidence of genetic diseases like diabetes, cystic fibrosis, hemochromatosis and thousands of others over future generations. Recessive mutations take up to 20 generations to be expressed.”
http://www.helencaldicott.com/2013/11/radiation-fears-are-real/

LIST OF ALL GENETIC DISEASES CAUSED BY MAN MADE RADIATION

Here are some of the most commonly found genetic diseases. But the full list of over 1,000 genetic diseases is available below via the link you can click on.

To give just one example out of the thousands out there, pulmonary fibrosis can be caused by radiation, per this study…

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2675823/

This one website above provides many studies proving the harm that low dose radiation causes, such as the ones below.

Disorder Mutation Chromosome
22q11.2 deletion syndrome D 22q
Angelman syndrome DCP 15
Canavan disease 17p
Charcot–Marie–Tooth disease
Color blindness P X
Cri du chat D 5
Cystic fibrosis P 7q
Down syndrome C 21
Duchenne muscular dystrophy D Xp
Haemochromatosis P 6
Haemophilia P X
Klinefelter syndrome C X
Neurofibromatosis 17q/22q/?
Phenylketonuria P 12q
Polycystic kidney disease P 16 (PKD1) or 4 (PKD2)
Prader–Willi syndrome DC 15
Sickle-cell disease P 11p
Tay–Sachs disease P 15
Turner syndrome C X

To see the full list of many more genetic diseases listed, go to; http://en.wikipedia.org/wiki/List_of_genetic_disorders

There are now more than 2,600 genetic diseases on record, any one of which may be caused by a radiation-induced mutation, and many of which we’re bound to see more of, because we are artificially increasing background levels of radiation….Nuclear power is neither clean, nor sustainable, nor an alternative to fossil fuels — in fact, it adds substantially to global warming.” Dr. Caldicott MD

http://www.nytimes.com/2011/05/01/opinion/01caldicott.html?_r=0&pagewanted=print

 

In the video above, Kevin Blanch talks about the genetic effects of nuclear radiation.

HEALTHCARE COSTS WILL RISE IN FUTURE DUE TO INCREASING RADIATION DAMAGE

Are we really able to afford the health care costs for unlimited future generations when this small spinning dust mote in space is being increasingly contaminated and radiated by hundreds of man made toxic, heavy metal radioactive elements created by humans? Dr. Helen Caldicott MD talks more about the dangers of radiation in the following video..

http://www.youtube.com/watch?v=u-Of-3VontE&feature=share

Man made radiation is spreading all around the world and it is causing harm, from multiple sources.  If you do not believe Dr. Caldicott MD, maybe the Veterans Administration will convince you. Veterans exposed to low dose radiation from the atomic bomb tests are being compensated for harm caused by that radiation. The VA has accepted as fact that certain diseases are caused directly by low dose radiation, and lists them on their website. Nuclear workers are also being compensated for the harm caused to their health by low dose radiation exposure from the US government. Lawsuits have been won by radiation exposure victims, where they had to prove harm in court, as proven in the link below.

Veterans Compensated For Exposure To Depleted Uranium Radiation/Poison; What About Everyone Else? via @AGreenRoad
http://agreenroad.blogspot.com/2013/04/veterans-compensated-for-exposure-to_30.html

300,000 Atomic Bomb Testing Veterans and 1 Million Agent Orange Victims; via @AGreenRoad

http://agreenroad.blogspot.com/2012/04/atomic-bomb-testing-veterans.html

How Can A Radiation Exposure Victim Get 10 Million Dollars As Compensation For Health And Property Damage? via @AGreenRoad
http://agreenroad.blogspot.com/2014/04/how-can-radiation-exposure-victim-get.html

MAN MADE RADIATION TEARS APART THE FABRIC OF LIFE

Why is the military industrial complex and the nuclear industry deliberately creating those things that tear the fabric of life apart on a genetic level for all living things? Wouldn’t you agree that what the nuclear and military industrial complex are doing is like lemmings rushing off a cliff and committing suicide via man made radiation?

End

List Of All Genetically Linked Diseases Caused By Low Level Radiation Exposure; via @AGreenRoad

http://agreenroad.blogspot.com/2013/09/list-of-all-genetically-linked-diseases_1674.html

More articles like this at;

A Green Road Magazine – 
Detailing The Science Of Sustainable Health. What benefits seven future generations, and causes no harm? 

Access videos and articles by clicking on the Pages link in left upper corner at;
http://agreenroad.blogspot.com/?view=magazine

About A Green Road…
http://agreenroad.blogspot.com/p/green-road-blog-home-page.html

Spiritual, Interfaith, Consciousness; How To Create Heaven On Earth
http://agreenroad.blogspot.com/p/spiritualinterfaithconsciousness.html


Holistic Living And Green Energy
http://agreenroad.blogspot.com/p/green-energy-green-living.html

Exploring the Inner and Outer Mysteries of Life
http://agreenroad.blogspot.com/p/mystery.html

Peace, War, Human Rights, Justice, Prisons
http://agreenroad.blogspot.com/p/human-rightsjusticeprisons.html


Drugs, Medicine and GMO’s
http://agreenroad.blogspot.com/p/natural-health-drugs-medicine.html


Global Corporations And The 1%; Art And Science Of Deception
http://agreenroad.blogspot.com/p/corporations-art-and-science-of.html

Nuclear Accidents, Recycling Nuclear Weapons/Fuel
http://agreenroad.blogspot.com/p/nuclear-accidents-around-world.html

Global Corporations And The 1%; Art And Science Of Deception
http://agreenroad.blogspot.com/p/corporations-art-and-science-of.html

Individual Radioactive Elements/Isotopes, USA Radiation Exposure Prevention and Reversal, Music
http://agreenroad.blogspot.com/p/individual-radioactive-elementsisotopes.html

Low Dose Radiation Dangers/Symptoms For Children And Adults
http://agreenroad.blogspot.com/p/low-dose-radiation-dangers-for-children.html

Uranium Mining and Enrichment – Nuclear Bomb -Nuclear Fuel Manufacturing
http://agreenroad.blogspot.com/p/uranium-mining-and-enrichment.html

Low Level Nuclear Radiation In Food And Water
http://agreenroad.blogspot.com/p/low-level-nuclear-radiation-in-food-and.html

Effects Of Internal Low Level Nuclear Radiation
http://agreenroad.blogspot.com/p/effects-of-internal-low-level-nuclear.html


Animals and Low Level Radiation Effects

http://agreenroad.blogspot.com/p/animals-and-low-level-radiation-effects.html

Nuclear Reactor Recertification
http://agreenroad.blogspot.com/p/nuclear-reactor-recertification.html


Long Term Storage Of Nuclear Fuel, Nuclear Waste 
http://agreenroad.blogspot.com/p/recycling-or-long-term-storage-of.html

Why All Nuclear Power Plants Must Be Shut Down
http://agreenroad.blogspot.com/p/why-all-nuclear-plants-must-be-shut-down.html

…………………………………………………………………………………

Share the online magazine titles and links above by copying and pasting them into email, Facebook and Twitter, or click on the share buttons below each article/video. Thanks for doing your part. Keep shining your light and sharing this information with friends, co-workers, politicians, doctors, professors, and other leaders! As the Dalai Lama says; “Never give up, never.” Every person is important. 

Vote For A Green Road – help make this a popular and well liked website;

http://www.mywot.com/en/scorecard/www.agreenroadblog.com

Read A Green Road Magazine 1,000-4,000 daily page views http://agreenroad.blogspot.com/?view=magazine

Follow A Green Road Twitter Micro Blog 50,000 + followers https://twitter.com/agreenroad

Join A Green Road Discussion Group 45,000 + members http://www.care2.com/c2c/group/agreenroad

View A Green Road Website (email us from Contact page) http://www.agreenroad.com

Network And Projects; A Green Road – LinkedIn – http://www.linkedin.com/in/agreenroad

‘Join’ A Green Road Group On Facebook – http://www.facebook.com/groups/agreenroad/

Add A Green Road RSS News Feed to your website http://feeds.feedburner.com/AGreenRoadBlog

What is your score? AGreenRoad has a Klout score of 50+ http://klout.com/#/AGreenRoad

Network on MerchantCircle http://member.merchantcircle.com/agreenroad

Read A Green Road Feed Burner Syndication FeedBurner makes it easy to receive content updates in My Yahoo!, Newsgator, Bloglines, and other news readers.

.………………………………………………………………………………

Posted 1st September 2013 by Dr. Good Heart

Labels: accident Caused By exposure Fallout Genetically Linked Diseases ionizing list Low Level nuclear bombRadiation

“Disturbing new images from Pacific… looks like islands of plastic” 1,000 miles from coast — 7 tons and 80 ft. long, can walk on it as if

Researchers: Radioactive materials detected off California, levels spike to 400% normal — Crew then discovers ‘island’ of tsunami debris — Never seen so much garbage in ocean before — TV: “Disturbing new images from Pacific… looks like islands of plastic” 1,000 miles from coast — 7 tons and 80 ft. long, can walk on it as if land (VIDEO & PHOTOS)

Published: July 28th, 2014 at 4:09 pm ET
By
Email Article Email Article
84 comments

http://enenews.com/researchers-radioactive-materials-detected-california-levels-spike-400-normal-crew-discovers-island-tsunami-debris-never-anything-like-tv-disturbing-new-images-pacific-looks-like-islands-plas

Algalita Marine Research Institute Blog, July 7, 2014: Radioactive Rope — Just after midday a piece of rope was pulled aboard. As part of our logging protocol, I brought out the Geiger counter and took a reading. The ambient reading that morning had been about 30 CPM so it was a surprise
when the reader climbed, and spiked at 120 CPM – our highest reading yet.

AMRF, July 13, 2014 at 5:57a: Charlie spotted a black spot on the horizon he thought looked to be something industrial […] By the time we were several hundred meters away, we could see a series of black buoys, maybe 70 of them, with a few orange floats mixed in as well. To be less conspicuous and not disturb whatever might be living in, on, or around it, Jesus rowed us in for final approach […] It was amazing to see the school of more than 50 mahi mahi […]

AMRF, July 13, 2014 at 8:12p: Alguita and Crew spent the night moored to the approximately 7 ton island [and] mapped the island this morning using […] a tape measure to get its size […] It would be capable of causing considerable damage to even large ships. […] The plastic debris the island has accumulated is substantial […] For years I have been telling people that there is no such thing as a “plastic island” in the Pacific Gyre. I now have a map of one that has
aspects of permanence, a metal anchor 40 feet deep, solid rope beaches, some of which you can walk on as if you were on land.

AMRF, July 27, 2014: [The] Lantern fish or ‘myctophids’ […] stomach contents were analyzed and no obvious plastic particles were found, which is interesting and a bit surprising. The liver size and color is significant as it indicates a response to pollutants – the lighter color liver likely suggesting more exposure to pollutants.

ABC 7, July 15, 2014: Disturbing new images from the Pacific Ocean, what looks like islands of plastic […] “They found a lot more plastic farther away from the area that’s called the ‘Great Pacific Garbage Patch’ than they’ve ever seen. So they ran across it sooner than they expected, and it was a lot of debris,” said Algalita Executive Director Marieta
Francis. […] They’re… taking samples to determine… whether the livers of fish… are riddled with toxins […]

89.3 KPCC, July 21 2014: Island of trash discovered in Pacific 1,000 miles off California coast […] The mass is made up of fishing gear, nets and buoys that are believed to have come from [Japan’s] 2011 tsunami […] it has […] become so  compact and large that researchers were able to stand on it in places. “It’s 80 feet long. It’s about 30 feet across in some places. If you were looking down from above, it would look like an island floating in the middle of the ocean,” said Marita Francis […] it’s the first time her organization has seen something like it. […] the researchers […] saw more instances of garbage on this trip than ever before. “On this expedition, they’ve seen more debris in the ocean than they’d ever seen before,” Francis said.

Watch the ABC broadcast here

Published: July 28th, 2014 at 4:09 pm ET
By
Email Article Email Article
84 comments

Related Posts

  1. RTT: Japan alerts U.S. and Canada on possible clogging of shorelines — CNN: Tsunami debris makes its way into Hawaii wildlife… Plastic spilling out of stomach (VIDEO) March 15, 2013
  2. Photo: Masking tape, plastic bags, broomsticks used on leak at U.S. nuclear plant — “We are dealing with unknown territory here which has never been explored before” April 30, 2013
  3. New gap developing far from sinkhole? Officials appear focused on area in most of today’s hi-res images (VIDEO & PHOTOS) October 23, 2012
  4. Agency: Dead Conjoined Baby Gray Whales found on West Coast of N. America — Could be first ever recorded — 2 heads and 2 tails, joined in middle (PHOTOS & VIDEO) January 7, 2014
  5. Official: Breach at Fukushima reactor blamed on saltwater corrosion — Over 75 tons of highly radioactive liquid flowing out everyday (PHOTOS & VIDEO) May 29, 2014

Hell, We Know We Are Killing the Pacific, As Well As the Rest of the World, Duuhh, What You Want Us To Do About It? We Have Done Nothing So Far, and It Has Worked, No One Will Make Us Do Anything!

When I was a kid, there was a cartoon.  Two vultures in a tree, looking around, really bored.  One says to the other:  “What ya wanna do?”  The other replies, “I dunno, whatya wanna do?”  That is what has gone on at Fukushima.  Hell, I dunno, maybe if we do nothing, nobody will know it happened.  I won’t tell, if you won’t tell.  What the hell?!?

The rest of the world, stands around with their fingers in their butts, and let’s them get away with it.  Can you imagine the long term impact that, we as Americans are going to endure?  Your great grandchildren may not even resemble a human.  And yall stand around like nothing has happened?  Are you sure that you were qualified to reproduce?

Think about it.

Japan Nuclear Prof.: Fukushima plant now a ‘swamp of radioactive material’ — Can’t stop pumping in more water because they don’t know where melted fuel went — Build roof over entire site? — Asahi: Continued presence of water threatens construction of ice wall around reactors

 
http://enenews.com/japan-nuclear-prof-fukushima-plant-is-now-a-swamp-of-radioactive-material-cant-stop-pumping-in-more-water-because-tepco-doesnt-know-where-melted-fuel-went-build-roof-over-entire-site-
Published: July 13th, 2014 at 9:15 pm ET 
By  
Email Article Email Article 
135 comments

Interview with Professor Hiroaki Koide, Kyoto University Reactor Research Institute, translated by Fukushima Diary, July 13, 2014: Fukushima plant is now like a swamp of radioactive material due to the contaminated water […] Tepco should quit cooling with water since one year ago. However from Tepco’s assumption, it is impossible to shift to air cooling because they can’t identify the exact locations of molten fuel.

More from interview with Professor Koide
, translated by Google: I think of that accident of Fukushima […] the human race has been encountered for the first time […] Rather than the cooling in the water, should switch as soon as possible to the cooling method of another I think. […] I thought the most part rain is falling on the site […] so, I cut off the rain. In other words, it is such as paving the entire site. I think I think in some cases, that I would build a roof on the entire site […] in the premises of the Fukushima Daiichi nuclear power plant, but is in a state such as the swamp of radioactivity […]

Asahi Shimbun, July 9, 2014: 11,000 tons of contaminated water [are in] underground trenches connected to the No. 2 and No. 3 reactor turbine buildings. […] contaminated water began seeping into them after the onset of the March 2011 nuclear crisis. If the contaminated water is not removed from the trenches, it could eventually leak out. The Nuclear Regulation Authority instructed TEPCO to promptly remove the water, calling it the “most serious source of concern.” […] But TEPCO officials said the ice walls failed to form because of the constant flow of a maximum 2 milliliters of water per minute around the connecting points. Toyoshi Fuketa, an NRA commissioner, has instructed TEPCO to come up with steps to resolve the matter by the end of July, arguing that the frozen walls should be able to withstand certain levels of water flow under normal circumstances. The continued presence of water threatens to prevent the creation of outer frozen soil walls encircling the No. 1 through No. 4 reactors, which are a central part of TEPCO’s plans to reduce the amount of contaminated water at the plant.

Full interview with Prof. Koide available here (Japanese only)

Published: July 13th, 2014 at 9:15 pm ET
By 
Email Article Email Article
135 comments

Related Posts

  1. Japan TV ‘News Flash’: Officials fear melted reactor fuel is now exposed at Fukushima — Tepco: We don’t know at this point if fuel is uncovered — Large drop in water level — Experts ‘struggling’ to find condition of nuclear cores, nothing is known for all 3 reactors (VIDEO) June 10, 2014
  2. Japan Nuclear Expert: “Containment vessel continued to break at various spots, one after another” from Fukushima melted fuel — “It lost the protective wall which seals in radiation” (VIDEO) March 13, 2013
  3. TV: Trouble reported with inner ‘ice wall’ at Fukushima; Highly radioactive water underground won’t freeze — Tepco: “We can’t make temperature low enough” after trying for months; Fluctuating water levels beneath Unit 2 blamed — Expert: Ground can liquify around reactors, form sinkholes (VIDEO) June 17, 2014
  4. PBS: Engineers believe Fukushima’s nuclear fuel melted right through the containment vessels, where it’s contacting ground water — Expert: The fuel “melted down into ground” (VIDEO) March 1, 2014
  5. TV: Hundreds of tons of water in contact with melted nuclear fuel have now flooded basements at Fukushima plant — Nearly 10 Trillion Bq of Cesium — Concentration of strontium-90 and other radioactive materials not reported (VIDEO) April 14, 2014

SHEEPLE AWAKEN!!!

Once Upon a Time…. I Thought the Worst We Had To Face Was Foreclosure Hell, I WAS WRONG!

Posted on  

Ya know, I used to think that Foreclosure Hell was the worst thing we in this Country had to face.  Wow, Was I Wrong!

I didn’t realize that just like in Japan, they will cook us to death with radiation, and not even bother to tell us.  I have condemned the Japanese for nuking the world and not telling us the truth about it, but fuck me, this country is doing the same thing.

While most people go about their daily business, they never think about the fact, that a pleasure of getting rained on is killing them.  We are the walking dead, and being asleep to the fact is just fucking us up more.

I would apologize for my slang, no, crude language, but something needs to wake these sleeping zombies up!

So, they are not only going to take every house they can get their grimy paws on, but they are going to continue the slow kill of humankind from the planet.  

It is not the kids growing up now that will suffer so much, it is like the butterfly test in Fukushima.  It is the children’s children that will be riddled with deformities. 

No matter what they try to tell us, we cannot be stupid, and believe that radiation is ok.  The thought of believing that, well, it is, stupid.  The sheeple that make up this country now, is amazing.  If the government says the radiation is not hurting us, we’ll just believe them.  Because the government says so?  Yall need to get out from under the rock, and out of the sun, cause damn!  You been drinking too much water with fluoride in it, for too long, and it has made you dumb!  I take that back, it has made you dumber than dirt!

For years, they have been doing things with the weather, with our food, with our prescriptions, our health!  They have taken healthy human beings and turned them into out of shape, fat slugs that have lives that are meant for cattle.  Chemtrails is no lie either.  What about HARP?  I guess that you also believe that 911 was not an inside job.

No, I am not a conspiracy theorist, I believe in taking what is put before me, studying it, seeing it for what it is, listening to scientists, listening to experts, and deducing my own opinion.  You see, we woke up.  We quit drinking the tap water.  We quit watching the regular news.  The news media is brainwashing you sheeple, which is not hard for them to do.

Terrorists are here, they are going to get you, so we have to militarize the Police forces.  These false flag shootings, are to outrage you sheeple, so that you will agree that guns are bad, and they can confiscate our guns.  We are told that our rights have to be taken, so that we can be protected from the terrorists, etc.,

If you are so blind you cannot see your nose on your face, you will not notice that Fannie Mae, and the banks are throwing our elderly out on the street.  Right now, in Goodyear, Arizona, an 83 year old woman and her 86 year old husband are being thrown out of their home.  No one cares.  In Colorado Springs, CO, an 82 year old woman is being thrown out of her home.  No one cares.

What the hell is wrong with you sheeple?  It’s not you, so it is Ok?  The Bank With the Most Homes in the End Wins, Get Used to It!!!

Sheeple Awaken!

Neil Garfield Telling It As It Is…”Bullying As An Acceptable Way of Life – Covered By A Corporate Shell Game!

By Paul Craig Roberts – Police Are More Dangerous To The Public Than Are Criminals, (Explained to Where Even Sheeple Can Understand!)

A MUST READ FOR EVERY AMERICAN!

From:  http://www.paulcraigroberts.org/2013/09/16/police-are-more-dangerous-to-the-public-than-are-criminals-paul-craig-roberts/

Latest Book

 PCR’s new book, HOW AMERICA WAS LOST, is now available:In Print by Clarity Press and In Ebook Format by Atwell Publishing

 

Police Are More Dangerous To The Public Than Are Criminals — Paul Craig Roberts

The goon thug psychopaths no longer only brutalize minorities–it is open season on all of us –the latest victim is a petite young white mother of two small children

http://www.informationclearinghouse.info/article36211.htm

Police Are More Dangerous To The Public Than Are Criminals

Paul Craig Roberts

The worse threat every American faces comes from his/her own government.

At the federal level the threat is a seventh war (Syria) in 12 years, leading on to the eighth and ninth (Iran and Lebanon) and then on to nuclear war with Russia and China.

The criminal psychopaths in Washington have squandered trillions of dollars on their wars, killing and dispossessing millions of Muslims while millions of American citizens have been dispossessed of their homes and careers. Now the entire social safety net is on the chopping bloc so that Washington can finance more wars.

At the state and local level every American faces brutal, armed psychopaths known as the police. The “law and order” conservatives and the “compassionate” liberals stand silent while police psychopaths brutalize children and grandmothers, murder double amputees in wheel chairs, break into the wrong homes, murder the family dogs, and terrify the occupants, pointing their automatic assault weapons in the faces of small children.

The American police perform no positive function. They pose a much larger threat to citizens than do the criminals who operate without a police badge. Americans would be safer if the police forces were abolished.

The police have been militarized and largely federalized by the Pentagon and the gestapo Homeland Security. The role of the federal government in equipping state and local police with military weapons, including tanks, and training in their use has essentially removed the police from state and local control. No matter how brutal any police officer, it is rare that any suffer more than a few months suspension, usually with full pay, while a report is concocted that clears them of any wrong doing.

In America today, police murder with impunity. All the psychopaths have to say is, “I thought his wallet was a gun,” or “we had to taser the unconscious guy we found lying on the ground, because he wouldn’t obey our commands to get up.”

There are innumerable cases of 240 pound cop psychopaths beating a 115 pound woman black and blue. Or handcuffing and carting off to jail 6 and 7 year old boys for having a dispute on the school playground.

Many Americans take solace in their erroneous belief that this only happens to minorities who they believe deserve it, but psychopaths use their unaccountable power against everyone. The American police are a brutal criminal gang free of civilian control.

Unaccountable power, which the police have, always attracts psychopaths. You are lucky if you only get bullies, but mainly police forces attract people who enjoy hurting people and tyrannizing them. To inflict harm on the public is why psychopaths join police forces.

Calling the police is a risky thing to do. Often it is the person who calls for help or some innocent person who ends up brutalized or murdered by the police. For example, on September 15 CNN reported a case of a young man who wrecked his car and went to a nearby house for help. The woman, made paranoid by the “war on crime,” imagined that she was in danger and called police. When the police arrived, the young man ran up to them, and the police shot him dead. http://www.cnn.com/2013/09/15/justice/north-carolina-police-shooting/

People who say the solution is better police training are unaware of how the police are trained. Police are trained to perceive the public as the enemy and to use maximum force. I have watched local police forces train. Two or three dozen officers will simultaneously empty their high-capacity magazines at the same target, a minimum of 300 bullets fired at one target. The purpose is to completely destroy whatever is on the receiving end of police fire.

US prosecutors seem to be the equal to police in terms of the psychopaths in their ranks. The United States, “the light unto the world,” not only has the highest percentage of its population in prison of every other country in the world, but also has the largest absolute number of people in prison. The US prison population is much larger in absolute numbers that the prison populations of China and India, countries with four times the US population.

Just try to find a prosecutor who gives a hoot about the innocence or guilt of the accused who is in his clutches. All the prosecutor cares about is his conviction rate. The higher his conviction rate, the greater his success even if every person convicted is innocent. The higher his conviction rate, the more likely he can run for public office.

Many prosecutors, such as Rudy Giuliani, target well known people so that they can gain name recognition via the names of their victims.

The American justice (sic) system serves the political ambitions of prosecutors and the murderous lusts of police psychopaths. It serves the profit motives of the privatized prisons who need high occupancy rates for their balance sheets.

But you can bet your life that the American justice (sic) system does not serve justice.

While writing this article, I googled “police brutality,” and google delivered 4,100,000 results. If a person googles “police brutality videos,” he will discover that there are more videos than could be watched in a lifetime. And these are only those acts of police brutality that are witnessed and caught on camera.

It would take thousands of pages just to compile the information available.

The facts seem to support the case that police in the US commit more crimes and acts of violence against the public than do the criminals who do not wear badges. According to the FBI crime Statisticshttp://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/summary in 2010 there were 1,246,248 violent crimes committed by people without police badges. Keep in mind that the definition of violent crime can be an expansive definition. For example, simply to push someone is considered assault. If two people come to blows in an argument, both have committed assault. However, even with this expansive definition of violent crimes, police assaults are both more numerous and more dangerous, as it is usually a half dozen overweight goon thugs beating and tasering one person.

Reports of police brutality are commonplace, but hardly anything is ever done about them. For example, on September 10, AlterNet reported that Houston, Texas, police routinely beat and murder local citizens.http://www.alternet.org/investigations/cops-are-beating-unarmed-suspect-nearly-every-day-houston?akid=10911.81835.yRJa7d&rd=1&src=newsletter894783&t=9&paging=off

The threat posed to the public by police psychopaths is growing rapidly. Last July 19 the Wall Street Journal reported: “Driven by martial rhetoric and the availability of military-style equipment–from bayonets and M-16 rifles to armored personnel carriers–American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the US scene: the warrior cop–armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.”

The Wall Street Journal, being an establishment newspaper, has to put it as nicely as possible. The bald fact is that today’s cop in body armor with assault weapons, grenades, and tanks is not there to make arrests of suspected criminals. He is there in anticipation of protests to beat down the public for exercising constitutional rights.

To suppress public protests is also the purpose of the Department of Homeland Security Police, a federal para-military police force that is a new development for the United States. No one in their right mind could possibly think that the vast militarized police have been created because of “the terrorist threat.” Terrorists are so rare that the FBI has to round up demented people and talk them into a plot so that the “terrorist threat” can be kept alive in the public’s mind.

The American public is too brainwashed to be able to defend itself. Consider the factthat cops seldom face any consequence when they murder citizens. We never hear cops called “citizen killer.” But if a citizen kills some overbearing cop bully, the media go ballistic: “Cop killer, cop killer.” The screaming doesn’t stop until the cop killer is executed.

As long as a brainwashed public continues to accept that cop lives are more precious than their own, citizens will continue to be brutalized and murdered by police psychopaths.

I can remember when the police were different. If there was a fight, the police broke it up. If it was a case of people coming to blows over a dispute, charges were not filed. If it was a clear case of assault, unless it was brutal or done with use of a weapon, the police usually left it up to the victim to file charges.

When I lived in England, the police walked their beats armed only with their billysticks.

When and why did it all go wrong? Among the collection of probable causes are the growth or urban populations, the onslaught of heavy immigration on formerly stable and predictable neighborhoods, the war on drugs, and management consultants called in to improve efficiency who focused police on quantitative results, such as the number of arrests, and away from such traditional goals as keeping the peace and investigating reported crimes.

Each step of the way accountability was removed in order to more easily apprehend criminals and drug dealers. The “war on terror” was another step, resulting in the militarization of the police.

The replacement of jury trials with plea bargains meant that police investigations ceased to be tested in court or even to support the plea, usually a fictitious crime reached by negotiation in order to obtain a guilty plea. Police learned that all prosecutors needed was a charge and that little depended on police investigations. Police work became sloppy. It was easier simply to pick up a suspect who had a record of having committed a similar crime.

As justice receded as the goal, the quality of people drawn into police work changed. Idealistic people found that their motivations were not compatible with the process, while bullies and psychopaths were attracted by largely unaccountable power.

Much of the blame can be attributed to “law and order” conservatives. Years ago when New York liberals began to observe the growing high-handed behavior of police, they called for civilian police review boards. Conservatives, such as National Review’s William F. Buckley, went berserk, claiming that any oversight over the police would hamstring the police and cause crime to explode.

The conservatives could see no threat in the police, only in an effort to hold police accountable. As far as I can tell, this is still the mindset.

What we observed in the police response to the Boston Marathon bombing suggests that the situation is irretrievable. One of the country’s largest cities and its suburbs–100 square miles–was tightly locked down with no one permitted to leave their homes, while 10,000 heavily armed police, essentially combat soldiers armed with tanks, forced their way into people’s homes, ordering them out at gunpoint. The excuse given for this unprecedented gestapo police action was a search for one wounded 19-year old kid.

That such a completely unnecessary and unconstitutional event could occur in Boston without the responsible officials being removed from office indicates that “the land of the free” no longer exists. The American population of the past, suspicious of government and jealous of its liberty, has been replaced by a brainwashed and fearful people, who are increasingly referred to as “the sheeple.”

<div “=””>

About Dr. Paul Craig Roberts

Paul Craig Roberts was Assistant Secretary of the Treasury for Economic Policy and associate editor of the Wall Street Journal. He was columnist for Business Week, Scripps Howard News Service, and Creators Syndicate. He has had many university appointments. His internet columns have attracted a worldwide following. Roberts’ latest books are The Failure of Laissez Faire Capitalism and The Failure of Laissez Faire Capitalism and Economic Dissolution of the West and How America Was Lost.

Cops Killing Dogs, and Loving It!

Stay Away From Oklahoma With Your Pets!

Oklahoma Police Officer Shoots Family’s Dog Then Brags It was ‘Awesome’

 
10001317_610368532379697_1727829192_n

An Oklahoma family is devastated after a police officer shot their family pet for simply jumping the fence and getting loose.

Cali, a 2-year-old pit bull had escaped from the yard and had been reported by neighbors to be running loose in the neighborhood. When police and animal officers arrived, Cali evaded the officers, who then decided that the only way to handle the situation was the kill the dog.

Officer Brice Woolly shot one round into the neck of Cali, who was still breathing after the first shot. The police officer then instructed the animal control officer to finish the job.

A neighbor present when the shooting occurred claims Woolly seemed to take delight in downing the dog and overheard him saying to the animal control officer, ”Did you see the way its collar flew up into the air when I blew it’s head off? It was awesome!”

The neighbor also heard Woolly coach the animal control officer on how to fill out the report to avoid trouble.  ”We are just going to write this up in the report as the dog tried to attack me and you and others in the neighborhood,” Woolly told the other shooter, according to the neighbor’s account.

Cali’s death is also not the first time, or even the first time this month, that Officer Woolly used deadly force on an animal because it was ‘aggressive’ and the owner could not be located. On March 14, Woolly shot a dog twice. The owner of that dog was never found.

Despite the questions in the case, the Ardmore Police Department claims the matter has been closed and that Officer Woolly acted within the line of duty in shooting the dog.

Local residents and animal lovers, however, disagree. A petition that has already garnered over 17,000 signatures on Change.org  is calling for Woolly’s firing for his cruel action. A peaceful rally is also planned for March 29 to protest Cali’s killing by Officer Woolly.

Photo Credit: Facebook/Justice for Cali

Corrupt Attorneys Being Held Accountable, Finally!

Courts

Judges Slam More and More Plaintiffs’ Attorneys for Corruption

March 13, 2014

Peasants in Leon, Nicaragua, march in 2007 to denounce the use of harmful pesticides at banana plantations

Photograph by Miguel Alvarez/AFP via Getty Images

http://www.businessweek.com/articles/2014-03-13/judges-slam-more-and-more-plaintiffs-attorneys-for-corruption#p1

Peasants in Leon, Nicaragua, march in 2007 to denounce the use of harmful pesticides at banana plantations

On March 7 a California appellate court upheld a trial judge’s finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a conspiracy by corrupt plaintiffs’ lawyers. That decision came only three days after a federal judge in New York ruled that a multibillion-dollar pollution judgment against Chevron (CVX) in 2011 was so tainted by bribery and coercion that it wasn’t worth the paper it was written on.

Meanwhile, in Texas, a prominent class-action injury lawyer faces mounting woes because of allegations that he faked thousands of damage claims against BP (BP)related to the 2010 Gulf of Mexico oil spill. When you combine these cases with the criminal convictions several years ago of plaintiffs-bar titans Mel Weiss, Bill Lerach, and Dickie Scruggs—all of whom served time for corrupting the civil justice system—it’s hard to deny that there’s deep dysfunction within a powerful portion of the legal profession that claims to fight corporate abuse on behalf of the little guy.

A look at the Dole ruling illustrates the point. The California Court of Appeal in Los Angeles affirmed dismissal of one of a series of suits filed against Dole, alleging the company’s use of pesticides in Nicaragua left banana workers sterile in the late 1970s. In all, these suits resulted in billions of dollars in judgments against Dole.

The case at issue in the March 7 ruling, known as Tellez, went to trial in 2008 and produced a multimillion-dollar verdict for workers. That verdict was thrown out when Dole’s attorneys proved that many of the plaintiffs never worked for the company and weren’t, in fact, sterile. Witnesses and investigators were intimidated in Nicaragua, and plaintiffs were coached to concoct false stories. One supposed victim testified that he was instructed to memorize and repeat phony evidence “like a parrot.”

 

Plaintiffs’ lawyers and law firms are major political contributors, particularly to Democrats

The California appellate court said the trial judge correctly sent the Tellez plaintiffs packing. The ruling was a win for the Los Angeles firm Gibson, Dunn & Crutcher, which has engineered the negation of multiple pesticide verdicts against Dole. That accomplishment prompted Chevron to hire Gibson Dunn to fight back against a $19 billion oil-contamination judgment imposed by an Ecuadorean court in 2011. In the Chevron case, U.S. District Judge Lewis Kaplan of New York ruled on March 4 that plaintiffs’ attorney Steven Donziger turned his Ecuadorean lawsuit against the oil company into a racketeering scheme, complete with extortion, bribery of judges, and fabrication of evidence. Donziger has denied wrongdoing and vowed to appeal.

Mass-tort and class-action securities-fraud suits reached their apogee in the 1990s, fueled in part by the energy and ingenuity of an elite fraternity of plaintiffs’ firms and individual lawyers, some of whom became phenomenally wealthy as a result of their success. There’s nothing necessarily wrong, of course, with plaintiffs’ attorneys doing well along the path to doing good, just as there’s nothing necessarily improper with corporate-defense lawyers getting richly paid.

But as the plaintiffs’ bar achieved lucrative triumphs in asbestos litigation and the tobacco cases, some of its leaders lost their bearings. Scruggs, who earned a fortune in both of those arenas, pleaded guilty in 2008 to crimes related to a judicial bribery scheme. Weiss and Lerach, impresarios of securities-fraud class actions, went to prison for paying kickbacks to shareholder plaintiffs-for-hire. Last year the Kentucky Supreme Court upheld the disbarment of Stanley Chesley, a scourge of the pharmaceuticals and chemicals industries, among others. Chesley allegedly sought “unreasonable” fees in the settlement of a diet drug class action against Wyeth, now part of Pfizer (PFE).

Mikal Watts of San Antonio ranks among the nation’s most feared mass-injury lawyers. In the wake of the BP oil spill four years ago, his firm filed some 40,000 claims on behalf of deckhands and others alleging economic harm from the disaster that killed 11 rig workers and sullied the Gulf Coast. Last December, BP hit back, accusing Watts of seeking to shake down the company by filing claims for thousands of “phantom” clients who didn’t fit his description of them or didn’t exist at all. Then, in January, another well-known mass-tort attorney, Danny Becnel of Louisiana, filed a separate suit against Watts on behalf of Vietnamese American fishermen and business owners who say Watts used their names without authorization. Watts last year resigned from the plaintiffs’ steering committee helping to direct the litigation against BP after media reports that federal agents had searched his offices in connection with the phantom-claims scandal. The federal criminal probe is continuing. Watts, a major fundraiser for the presidential campaigns of Barack Obama, has denied any wrongdoing—civil or criminal. His lawyers have said all his filings against BP were made in good faith.

Despite the egregiousness of the plaintiffs’ bar abuses, there’s little chance that Congress will enact tort reform anytime soon, says Victor Schwartz, a lobbyist for business on the issue and a partner in Washington with law firm Shook, Hardy & Bacon. Plaintiffs’ lawyers and law firms are major political contributors, particularly to Democrats, who have fought attempts to cap settlements in big corporate liability cases and class actions. Lawyers spent about $135 million in 2012 helping to elect Democrats, compared with $56 million for Republican candidates, according to the Center for Responsive Politics, which tracks political money. “There have been no major business civil justice victories [in Congress] for almost a decade,” Schwartz says. Likewise, President Obama has shown little interest in taking on attorneys who invested $28 million in his reelection effort in 2012, more than twice what they gave Mitt Romney, according to the center. And bar associations and state attorneys general rarely seek to prosecute litigation fraud, which is expensive to pursue and politically fraught. As a result, says Sherman Joyce, president of the corporate-funded American Tort Reform Association, “too many plaintiffs’ lawyers believe there’s not much risk in filing fraudulent suits.”

The bottom line: Dole and Chevron have won major court victories after federal judges ruled that plaintiffs’ lawyers engaged in fraud.

Barrett_190
Barrett is an assistant managing editor and senior writer at Bloomberg Businessweek. His new book, Law of the Jungle, which tells the story of the Chevron oil pollution case in Ecuador, will be published by Crown in September 2014. His most recent book is GLOCK: The Rise of America’s Gun.

Never Ending Foreclosures

      Foreclosure filings were reported on 124,419 U.S. properties in January 2014, an 8 percent increase from December but still down 18 percent from January 2013.  Foreclosure filings were reported on 1,361,795 U.S. properties in 2013, down 26 percent from 2012 and down 53 percent from the peak of 2.9 million properties with foreclosure filings in 2010.  But still, 9.3 million U.S. residential properties were deeply underwater representing 19 percent of all properties with a mortgage in December 2013, down from 10.7 million homes underwater in September 2013.[1] 

            In 2006 there were 1,215,304 foreclosures, 545,000 foreclosure filings and 268,532 Home Repossessions.  By 2007 foreclosures had almost doubled – up to 2,203,295 with 1,260,000 foreclosure filings and 489,000 Home Repossessions.  2008 saw an even further increase to 3,019,482 foreclosures, 2,350,000 Foreclosure filings and 679,000 Home Repossessions.  In 20093,457,643 foreclosures, 2,920,000 foreclosure filings, and 945,000 Home Repossessions.  2010:  3,843,548 foreclosures, 3,500,000 foreclosure filings, and 1,125,000 Home Repossessions.  2011:  3,920,418 foreclosures, 3,580,000 foreclosure filings, and 1,147,000 Home Repossessions.  Then January to September 20121,616,427 foreclosures 1,382,000 foreclosure filings and 572,844 Repossessions.  The remainder of 2012 – September through December saw an additional 2,300,000 foreclosures, 2,100,000 foreclosure filings and 700,000 Repossessions.  In other words, from 2006 through 2012, there were a total of  21,576,117 foreclosures; 17,637,000 foreclosure filings; 5,926,376 Home Repossessions.  The foreclosures added to the repossessions is equal to:  27,502,493[2].  The numbers are staggering.

            Many of the homes have been wrongfully foreclosed upon, where either the party had not been in default, or the foreclosing party lacked standing to foreclose.  It has become almost as lawless as the wildwest, or comparable to a shark feeding frenzy.


[1] All of the foreclosure figures came from RealtyTrac:  http://www.realtytrac.com/content/foreclosure-market-report

[2] http://www.statisticbrain.com/home-foreclosure-statistics/Statistic Verification  Source: RealtyTrac, Federal Reserve, Equifax

C IS FOR CANCER FUKUSHIMA

http://www.globalresearch.ca/fukushima-a-nuclear-war-without-a-war-the-unspoken-crisis-of-worldwide-nuclear-radiation/28870

Fukushima: A Nuclear War without a War: The Unspoken Crisis of Worldwide Nuclear Radiation

ONLINE READER

Global Research, January 27, 2014
Global Research 25 January 2012
28870

Note to Readers: Remember to bookmark this page for future reference.

Please Forward the GR I-Book far and wide. Post it on Facebook.

[scroll down for I-BOOK Table of Contents]

Originally published in January 2012

*       *       *

*       *       *

 

GLOBAL RESEARCH ONLINE INTERACTIVE READER SERIES

Fukushima: A Nuclear War without a War

The Unspoken Crisis of Worldwide Nuclear Radiation

Michel Chossudovsky (Editor)

I-Book No. 3, January 25  2012

Global Research’s Online Interactive I-Book Reader brings together, in the form of chapters, a collection of Global Research feature articles and videos, including debate and analysis, on a broad theme or subject matter. 

In this Interactive Online I-Book we bring to the attention of our readers an important collection of articles, reports and video material on the Fukushima nuclear catastrophe and its impacts (scroll down for the Table of Contents).

To consult our Online Interactive I-Book Reader Series, click here.

INTRODUCTION

The World is at a critical crossroads. The Fukushima disaster in Japan has brought to the forefront the dangers of Worldwide nuclear radiation.

The crisis in Japan has been described as “a nuclear war without a war”. In the words of renowned novelist Haruki Murakami:

“This time no one dropped a bomb on us … We set the stage, we committed the crime with our own hands, we are destroying our own lands, and we are destroying our own lives.”

Nuclear radiation –which threatens life on planet earth– is not front page news in comparison to the most insignificant issues of public concern, including the local level crime scene or the tabloid gossip reports on Hollywood celebrities.

While the long-term repercussions of the Fukushima Daiichi nuclear disaster are yet to be fully assessed, they are far more serious than those pertaining to the 1986 Chernobyl disaster in the Ukraine, which resulted in almost one million deaths (New Book Concludes – Chernobyl death toll: 985,000, mostly from cancer Global Research, September 10, 2010, See also Matthew Penney and Mark Selden  The Severity of the Fukushima Daiichi Nuclear Disaster: Comparing Chernobyl and Fukushima, Global Research, May 25, 2011)

Moreover, while all eyes were riveted on the Fukushima Daiichi plant, news coverage both in Japan and internationally failed to fully acknowledge the impacts of a second catastrophe at TEPCO’s (Tokyo Electric Power Co  Inc) Fukushima Daini nuclear power plant.

The shaky political consensus both in Japan, the U.S. and Western Europe is that the crisis at Fukushima has been contained.

The realties, however, are otherwise. Fukushima 3 was leaking unconfirmed amounts of plutonium. According to Dr. Helen Caldicott, “one millionth of a gram of plutonium, if inhaled can cause cancer”.  

An opinion poll in May 2011 confirmed that more than 80 per cent of the Japanese population do not believe the government’s information regarding the nuclear crisis. (quoted in Sherwood Ross,Fukushima: Japan’s Second Nuclear Disaster, Global Research, November 10, 2011)

The Impacts in Japan

The Japanese government has been obliged to acknowledge that “the severity rating of its nuclear crisis … matches that of the 1986 Chernobyl disaster”. In a bitter irony, however, this tacit admission by the Japanese authorities has proven to been part of  the cover-up of a significantly larger catastrophe, resulting in a process of global nuclear radiation and contamination:

“While Chernobyl was an enormous unprecedented disaster, it only occurred at one reactor and rapidly melted down. Once cooled, it was able to be covered with a concrete sarcophagus that was constructed with 100,000 workers. There are a staggering 4400 tons of nuclear fuel rods at Fukushima, which greatly dwarfs the total size of radiation sources at Chernobyl.” ( Extremely High Radiation Levels in Japan: University Researchers Challenge Official Data, Global Research, April 11, 2011)

Fukushima in the wake of the Tsunami, March 2011

Worldwide Contamination

The dumping of highly radioactive water into the Pacific Ocean constitutes a potential trigger to a process of global radioactive contamination. Radioactive elements have not only been detected in the food chain in Japan, radioactive rain water has been recorded in California:

“Hazardous radioactive elements being released in the sea and air around Fukushima accumulate at each step of various food chains (for example, into algae, crustaceans, small fish, bigger fish, then humans; or soil, grass, cow’s meat and milk, then humans). Entering the body, these elements – called internal emitters – migrate to specific organs such as the thyroid, liver, bone, and brain, continuously irradiating small volumes of cells with high doses of alpha, beta and/or gamma radiation, and over many years often induce cancer”. (Helen Caldicott, Fukushima: Nuclear Apologists Play Shoot the Messenger on Radiation, The Age,  April 26, 2011)

While the spread of radiation to the West Coast of North America was casually acknowledged, the early press reports (AP and Reuters) “quoting diplomatic sources” stated that only “tiny amounts of radioactive particles have arrived in California but do not pose a threat to human health.”

“According to the news agencies, the unnamed sources have access to data from a network of measuring stations run by the United Nations’ Comprehensive Test Ban Treaty Organization. …

… Greg Jaczko, chair of the U.S. Nuclear Regulatory Commission, told White House reporters on Thursday (March 17) that his experts “don’t see any concern from radiation levels that could be harmful here in the United States or any of the U.S. territories”.

 

 

The spread of radiation. March 2011

Public Health Disaster. Economic Impacts

What prevails is a well organized camouflage. The public health disaster in Japan, the contamination of water, agricultural land and the food chain, not to mention the broader economic and social implications, have neither been fully acknowledged nor addressed in a comprehensive and meaningful fashion by the Japanese authorities.

Japan as a nation state has been destroyed. Its landmass and territorial waters are contaminated. Part of the country is uninhabitable. High levels of radiation have been recorded in the Tokyo metropolitan area, which has a population of  39 million (2010) (more than the population of Canada, circa 34 million (2010)) There are indications that the food chain is contaminated throughout Japan:

Radioactive cesium exceeding the legal limit was detected in tea made in a factory in Shizuoka City, more than 300 kilometers away from the Fukushima Daiichi nuclear power plant. Shizuoka Prefecture is one of the most famous tea producing areas in Japan.

A tea distributor in Tokyo reported to the prefecture that it detected high levels of radioactivity in the tea shipped from the city. The prefecture ordered the factory to refrain from shipping out the product. After the accident at the Fukushima nuclear power plant, radioactive contamination of tea leaves and processed tea has been found over a wide area around Tokyo. (See 5 More Companies Detect Radiation In Their Tea Above Legal Limits Over 300 KM From Fukushima, June 15, 2011)

Japan’s industrial and manufacturing base is prostrate. Japan is no longer a leading industrial power. The country’s exports have plummeted. The Tokyo government has announced its first trade deficit since 1980.

While the business media has narrowly centered on the impacts of power outages and energy shortages on the pace of productive activity, the broader issue pertaining to the outright radioactive contamination of the country’s infrastructure and industrial base is a “scientific taboo” (i.e the radiation of industrial plants, machinery and equipment, buildings, roads, etc). A report released in January 2012 points to the nuclear contamination of building materials used in the construction industry, in cluding roads and residential buildings throughout Japan.(See  FUKUSHIMA: Radioactive Houses and Roads in Japan. Radioactive Building Materials Sold to over 200 Construction Companies, January 2012)

A “coverup report” by the Ministry of Economy, Trade and Industry (May 2011), entitled Economic Impact of the Great East Japan Earthquake and Current Status of Recovery  presents “Economic Recovery” as a fait accompli. It also brushes aside the issue of radiation. The impacts of nuclear radiation on the work force and the country’s industrial base are not mentioned. The report states that the distance between Tokyo -Fukushima Dai-ichi  is of the order of 230 km (about 144 miles) and that the levels of radiation in Tokyo are lower than in Hong Kong and New York City.(Ministry of Economy, Trade and Industry, Impact of the Great East Japan Earthquake and Current Status of Recovery, p.15). This statement is made without corroborating evidence and in overt contradiction with independent radiation readings in Tokyo (se map below). In recent developments, Sohgo Security Services Co. is launching a lucrative “radiation measurement service targeting households in Tokyo and four surrounding prefectures”.

A map of citizens’ measured radiation levels shows radioactivity is distributed in a complex pattern reflecting the mountainous terrain and the shifting winds across a broad area of Japan north of Tokyo which is in the center of the of bottom of the map.”

SOURCEScience Magazine

“Radiation limits begin to be exceeded at just above 0.1 microsieverts/ hour blue. Red is about fifty times the civilian radiation limit at 5.0 microsieverts/hour. Because children are much more sensitive than adults, these results are a great concern for parents of young children in potentially affected areas.”

The fundamental question is whether the vast array of industrial goods and components “Made in Japan” — including hi tech components, machinery, electronics, motor vehicles, etc — and exported Worldwide are contaminated? Were this to be the case, the entire East and Southeast Asian industrial base –which depends heavily on Japanese components and industrial technology– would be affected. The potential impacts on international trade would be farreaching. In this regard, in January, Russian officials confiscated irradiated Japanese automobiles and autoparts in the port of Vladivostok for sale in the Russian Federation. Needless to say, incidents of this nature in a global competitive environment, could lead to the demise of the Japanese automobile industry which is already in crisis.

While most of the automotive industry is in central Japan, Nissan’s engine factory in Iwaki city is 42 km from the Fukushima Daiichi plant. Is the Nissan work force affected? Is the engine plant contaminated? The plant is within about 10 to 20 km of the government’s “evacuation zone” from which some 200,000 people were evacuated (see map below).

Nuclear Energy and Nuclear War

The crisis in Japan has also brought into the open the unspoken relationship between nuclear energy and nuclear war.

Nuclear energy is not a civilian economic activity. It is an appendage of the nuclear weapons industry which is controlled by the so-called defense contractors. The powerful corporate interests behind nuclear energy and nuclear weapons overlap.

In Japan at the height of the disaster, “the nuclear industry and government agencies [were] scrambling to prevent the discovery of atomic-bomb research facilities hidden inside Japan’s civilian nuclear power plants”.1  (See Yoichi Shimatsu, Secret Weapons Program Inside Fukushima Nuclear Plant? Global Research,  April 12, 2011)

It should be noted that the complacency of both the media and the governments to the hazards of nuclear radiation pertains to the nuclear energy industry as well as to to use of nuclear weapons. In both cases, the devastating health impacts of nuclear radiation are casually denied. Tactical nuclear weapons with an explosive capacity of up to six times a Hiroshima bomb are labelled by the Pentagon as “safe for the surrounding civilian population”.

No concern has been expressed at the political level as to the likely consequences of a US-NATO-Israel attack on Iran, using “safe for civilians” tactical nuclear weapons against a non-nuclear state.

Such an action would result in “the unthinkable”: a nuclear holocaust over a large part of the Middle East and Central Asia. A nuclear nightmare, however, would occur even if nuclear weapons were not used. The bombing of Iran’s nuclear facilities using conventional weapons would contribute to unleashing another Fukushima type disaster with extensive radioactive fallout. (For further details See Michel Chossudovsky, Towards a World War III Scenario, The Dangers of Nuclear War, Global Research, Montreal, 2011)

The Online Interactive I-Book Reader on Fukushima: A Nuclear War without a War

In view of the official cover-up and media disinformation campaign, the contents of the articles and video reports in this Online Interactive Reader have not trickled down to to the broader public. (See Table of contents below)

This Online Interactive Reader on Fukushima contains a combination of analytical and scientific articles, video reports as well as shorter news reports and corroborating data.

Part I focusses on The Fukushima Nuclear Disaster: How it Happened? Part II  pertains to The Devastating Health and Social Impacts in Japan. Part III  centers on the “Hidden Nuclear Catastrophe”, namely the cover-up by the Japanese government and the corporate media. Part IVfocusses on the issue of  Worlwide Nuclear Radiation and Part V reviews the Implications of the Fukushima disaster for the Global Nuclear Energy Industry.

In the face of ceaseless media disinformation, this Global Research Online I-Book on the dangers of global nuclear radiation is intended to break the media vacuum and raise public awareness, while also pointing to the complicity of  the governments, the media and the nuclear industry.

We call upon our readers to spread the word.

We invite university, college and high school teachers to make this Interactive Reader on Fukushima available to their students.

Michel Chossudovsky, January 25, 2012

_______________________________________________________________________________________________________

TABLE OF CONTENTS

PART I

The Fukushima Nuclear Disaster: How it Happened

The Fukushima Nuclear Disaster: What Happened on “Day One”? 
– by Yoichi Shimatsu – 2011-04-16
Fukushima is the greatest nuclear and environmental disaster in human history
– by Steven C. Jones – 2011-06-20

Nuclear Apocalypse in Japan
Lifting the Veil of Nuclear Catastrophe and cover-up
– by Keith Harmon Snow – 2011-03-18

Humanity now faces a deadly serious challenge coming out of Japan — the epicenter of radiation.

VIDEO: Full Meltdown? Japan Maximum Nuclear Alert
Watch now on GRTV
-by Christopher Busby- 2011-03-30

Fukushima: Japan’s Second Nuclear Disaster

– by Sherwood Ross – 2011-11-10

Secret Weapons Program Inside Fukushima Nuclear Plant?
U.S.-Japan security treaty fatally delayed nuclear workers’ fight against meltdown
– by Yoichi Shimatsu – 2011-04-12

The specter of self-destruction can be ended only with the abrogation of the U.S.-Japan security treaty, the root cause of the secrecy that fatally delayed the nuclear workers’ fight against meltdown.

Fukushima: “China Syndrome Is Inevitable” … “Huge Steam Explosions”
“Massive Hydrovolcanic Explosion” or a “Nuclear Bomb-Type Explosion” May Occur
– by Washington’s Blog – 2011-11-22

Accident at Second Japanese Nuclear Complex: The Nuclear Accident You Never Heard About

– by Washington’s Blog – 2012-01-12

VIDEO: New TEPCO Photographs Substantiate Significant Damage to Fukushima Unit 3
Latest report now on GRTV
– by Arnie Gundersen – 2011-10-20

PART II

The Devastating Health and Social Impacts in Japan

VIDEO: Surviving Japan: A Critical Look at the Nuclear Crisis
Learn more about this important new documentary on GRTV
– by Chris Noland – 2012-01-23

Fukushima and the Battle for Truth
Large sectors of the Japanese population are accumulating significant levels of internal contamination
– by Paul Zimmerman – 2011-09-27

FUKUSHIMA: Public health Fallout from Japanese Quake
“Culture of cover-up” and inadequate cleanup. Japanese people exposed to “unconscionable” health risks
– by Canadian Medical Association Journal – 2011-12-30

FUKUSHIMA: Radioactive Houses and Roads in Japan. Radioactive Building Materials Sold to over 200 Construction Companies

– 2012-01-16

VIDEO: Cancer Risk To Young Children Near Fukushima Daiichi Underestimated
Watch this important new report on GRTV
– by Arnie Gundersen – 2012-01-19

VIDEO: The Results Are In: Japan Received Enormous Exposures of Radiation from Fukushima
Important new video now on GRTV
– by Arnie Gundersen, Marco Kaltofen – 2011-11-07

The Tears of Sanriku (三陸の涙). The Death Toll for the Great East Japan Earthquake Nuclear Disaster

– by Jim Bartel – 2011-10-31

The Severity of the Fukushima Daiichi Nuclear Disaster: Comparing Chernobyl and Fukushima

– by Prof. Matthew Penney, Prof. Mark Selden – 2011-05-24

Uncertainty about the long-term health effects of radiation

Radioactivity in Food: “There is no safe level of radionuclide exposure, whether from food, water or other sources. Period,” – by Physicians For Social Responsibility – 2011-03-23

71,000 people in the city next to the Fukushima nuclear plant “We’ve Been Left to Die” – 2011-03-19

Tokyo Water Unsafe For Babies, Food Bans Imposed – by Karyn Poupee – 2011-03-23

 

PART III

Hidden Nuclear Catastrophe: Cover-up by the Japanese Government and the Corporate Media

VIDEO: Japanese Government Insiders Reveal Fukushima Secrets
GRTV Behind the Headlines now online
– by James Corbett – 2011-10-06

Fukushima and the Mass Media Meltdown
The Repercussions of a Pro-Nuclear Corporate Press
– by Keith Harmon Snow – 2011-06-20

Scandal: Japan Forces Top Official To Retract Prime Minister’s Revelation Fukushima Permanently Uninhabitable

– by Alexander Higgins – 2011-04-18

Emergency Special Report: Japan’s Earthquake, Hidden Nuclear Catastrophe 
– by Yoichi Shimatsu – 2011-03-13

The tendency to deny systemic errors – “in order to avoid public panic” – is rooted in the determination of an entrenched Japanese bureaucracy to protect itself…

VIDEO: Fukushima: TEPCO Believes Mission Accomplished & Regulators Allow Radioactive Dumping in Tokyo Bay
Learn more on GRTV
– by Arnie Gundersen – 2012-01-11

The Dangers of Radiation: Deconstructing Nuclear Experts 
– by Chris Busby – 2011-03-31

“The nuclear industry is waging a war against humanity.” This war has now entered an endgame which will decide the survival of the human race.

Engineers Knew Fukushima Might Be Unsafe, But Covered It Up … 
And Now the Extreme Vulnerabilty of NEW U.S. Plants Is Being Covered Up
– by Washington’s Blog – 2011-11-12

COVERUP: Are Fukushima Reactors 5 and 6 In Trouble Also?
– by Washington’s Blog – 2011-11-14

Fukushima’s Owner Adds Insult to Injury – Claims Radioactive Fallout Isn’t Theirs

– by John LaForge – 2012-01-17

PART IV

The Process of Worldwide Nuclear Radiation

VIDEO: Japan’s Nuclear Crisis: The Dangers of Worldwide Radiation

– by Dr. Helen Caldicott – 2012-01-25

An Unexpected Mortality Increase in the US Follows Arrival of Radioactive Plume from Fukushima, Is there a Correlation?
– by Dr. Joseph J. Mangano, Dr. Janette Sherman – 2011-12-20

In the US, Following the Fukushima fallout, samples of radioactivity in precipitation, air, water, and milk, taken by the U.S. government, showed levels hundreds of times above normal…

Radioactive Dust From Japan Hit North America 3 Days After Meltdown 
But Governments “Lied” About Meltdowns and Radiation
– by Washington’s Blog – 2011-06-24

VIDEO: Fukushima Will Be Radiating Everyone for Centuries
New report now on GRTV
– by Michio Kaku, Liz Hayes – 2011-08-23

Fukushima: Diseased Seals in Alaska tested for Radiation

– 2011-12-29

Radiation Spreads to France

– by Washington’s Blog – 2011-11-15

Radioactive rain causes 130 schools in Korea to close — Yet rain in California had 10 TIMES more radioactivity

PART V

Implications for the Global Nuclear Energy Industry

 

Science with a Skew: The Nuclear Power Industry After Chernobyl and Fukushima
– by Gayle Greene – 2012-01-26

After Fukushima: Enough Is Enough

– by Helen Caldicott – 2011-12-05

VIDEO: Radiation Coverups Confirmed: Los Alamos, Fort Calhoun, Fukushima, TSA
New Sunday Report now on GRTV
– by James Corbett – 2011-07-04

VIDEO: Why Fukushima Can Happen Here: What the NRC and Nuclear Industry Don’t Want You to Know
Watch now on GRTV
– by Arnie Gundersen, David Lochbaum – 2011-07-12

VIDEO: Safety Problems in all Reactors Designed Like Fukushima
Learn more on GRTV
– by Arnie Gundersen – 2011-09-26

VIDEO: Proper Regulation of Nuclear Power has been Coopted Worldwide
Explore the issues on GRTV
– by Arnie Gundersen – 2011-10-05

VIDEO: New Nuclear Reactors Do Not Consider Fukushima Design Flaws
Find out more on GRTV
– by Arnie Gundersen – 2011-11-24

Nuclear Energy: Profit Driven Industry
“Nuclear Can Be Safe Or It Can Be Cheap … But It Can’t Be Both”
– by Washington’s Blog – 2011-12-23

VIDEO: Fukushima and the Fall of the Nuclear Priesthood
Watch the new GRTV Feature Interview
– by Arnie Gundersen – 2011-10-22

Why is there a Media Blackout on Nuclear Incident at Fort Calhoun in Nebraska?

– by Patrick Henningsen – 2011-06-23

Startling Revelations about Three Mile Island Disaster Raise Doubts Over Nuke Safety

– by Sue Sturgis – 2011-07-24

Radioactive Leak at Fort Calhoun Nuclear Power Station

– by Rady Ananda – 2011-07-01

VIDEO: US vs Japan: The Threat of Radiation Speculation
Dangerous double standards examined on GRTV
– by Arnie Gundersen – 2011-06-25

Additional articles and videos on Fukushima and Nuclear Radiation are available at Global Research’s Dossier on The Environment


TEXT BOX

 Nuclear Radiation: Categorization

At Fukushima, reports confirm that alpha, beta, gamma particles and neutrons have been released:

“While non-ionizing radiation and x-rays are a result of electron transitions in atoms or molecules, there are three forms of ionizing radiation that are a result of activity within the nucleus of an atom.  These forms of nuclear radiation are alpha particles (α-particles), beta particles (β-particles) and gamma rays (γ-rays).

Alpha particles are heavy positively charged particles made up of two protons and two neutrons.  They are essentially a helium nucleus and are thus represented in a nuclear equation by either α or .  See the Alpha Decay page for more information on alpha particles.

Beta particles come in two forms:  and  particles are just electrons that have been ejected from the nucleus.  This is a result of sub-nuclear reactions that result in a neutron decaying to a proton.  The electron is needed to conserve charge and comes from the nucleus.  It is not an orbital electron.  particles are positrons ejected from the nucleus when a proton decays to a neutron.  A positron is an anti-particle that is similar in nearly all respects to an electron, but has a positive charge.  See the Beta Decay page for more information on beta particles.

Gamma rays are photons of high energy electromagnetic radiation (light).  Gamma rays generally have the highest frequency and shortest wavelengths in the electromagnetic spectrum.  There is some overlap in the frequencies of gamma rays and x-rays; however, x-rays are formed from electron transitions while gamma rays are formed from nuclear transitions. See the Gamma Rays  for more” (SOURCE:Canadian Nuclear Association)

A neutron is a particle that is found in the nucleus, or center, of atoms. It has a mass very close to protons, which also reside in the nucleus of atoms. Together, they make up almost all of the mass of individual atoms. Each has a mass of about 1 amu, which is roughly 1.6×10-27kg. Protons have a positive charge and neutrons have no charge, which is why they were more difficult to discover.” (SOURCE: Neutron Radiation)

 

“Many different radioactive isotopes are used in or are produced by nuclear reactors. The most important of these are described below:

1. Uranium 235 (U-235) is the active component of most nuclear reactor fuel.

2. Plutonium (Pu-239) is a key nuclear material used in modern nuclear weapons and is also present as a by-product in certain reprocessed fuels used in some nuclear reactors. Pu-239 is also produced in uranium reactors as a byproduct of fission of U-235.

3. Cesium (Cs-137 ) is a fission product of U-235. It emits beta and gamma radiation and can cause radiation sickness and death if exposures are high enough. …

4. Iodine 131 (I-131), also a fission product of U-235, emits beta and gamma radiation. After inhalation or ingestion, it is absorbed by and concentrated in the thyroid gland, where its beta radiation damages nearby thyroid tissue  (SOURCE: Amesh A. Adalja, MD, Eric S. Toner, MD, Anita Cicero, JD, Joseph Fitzgerald, MS, MPH, and Thomas V. Inglesby MD, Radiation at Fukushima: Basic Issues and Concepts, March 31, 2011)


Michel Chossudovsky is an award-winning author, Professor of Economics (Emeritus) at the University of Ottawa. He is the Founder and Director of the Centre for Research on Globalization (CRG), Montreal and Editor of the globalresearch.ca website. He is the author of The Globalization of Poverty and The New World Order (2003) and America’s “War on Terrorism”(2005). His most recent book is entitled Towards a World War III Scenario: The Dangers of Nuclear War (2011). He has taught as Visiting Professor at universities in Western Europe, South East Asia, Latin America and The Pacific, acted as adviser to governments of developing countries and as a consultant to several international organizations. Prof. Chossudovsky is a signatory of the Kuala Lumpur declaration to criminalize war and recipient of the Human Rights Prize of the Society for the Protection of Civil Rights and Human Dignity (GBM), Berlin, Germany. He is also a contributor to the Encyclopaedia Britannica. His writings have been published in more than twenty languages.

Spread the word, reverse the tide of war, forward the N-Book to friends and family, post on facebook.

We call upon college, university and high school teachers to bring this I-Book to the attention of their students.

The Online News Reader Series is provided free of charge to our readers.

Kindly consider making a Donation to Global Research

Any amount large or small will contribute to supporting our endeavors.


 

NEW RELEASE FROM GLOBAL RESEARCH IN PAPERBACK

Order directly from Global Research
Towards a World War III Scenario
The Dangers of Nuclear War

by Michel Chossudovsky

 

I-BOOKS SERIES

To consult our Online Interactive I-Book Reader Series, click here. 

SHOP GLOBAL RESEARCH

About the author:

Michel Chossudovsky is an award-winning author, Professor of Economics (emeritus) at the University of Ottawa, Founder and Director of the Centre for Research on Globalization (CRG), Montreal and Editor of the globalresearch.ca website. He is the author of The Globalization of Poverty and The New World Order (2003) and America’s “War on Terrorism”(2005). His most recent book is entitled Towards a World War III Scenario: The Dangers of Nuclear War (2011). He is also a contributor to the Encyclopaedia Britannica. His writings have been published in more than twenty languages. He can be reached at crgeditor@yahoo.com ——————————————————————————————————————Michel Chossudovsky est directeur du Centre de recherche sur la mondialisation et professeur émérite de sciences économiques à l’Université d’Ottawa. Il est l’auteur de “Guerre et mondialisation, La vérité derrière le 11 septembre”, “La Mondialisation de la pauvreté et nouvel ordre mondial” (best-seller international publié en plus de 10 langues). Contact : crgeditor@yahoo.com

Related content:

  1. Nuclear Radiation Levels from Fukushima Are RISING

    Nuclear Radiation Levels from Fukushima Are RISING

    Fukushima Operator Admits 20% Increase In Radiation JiJi Press – one of Japan’s largest news sources – reports:

    Tokyo Electric Power Co. on Monday reported an increase in radioactive materials leaking from damaged nuclear reactors at the Fukushima … plant.…

  2. radiation4

    Fukushima’s Catastrophic Aftermath: The Dangers of Worldwide Nuclear Radiation

    In her book titled “No Immediate Danger: Prognosis for a Radioactive Earth,” nuclear power/environmental health expert Rosalie Bertell (1929 – 2012) said: “Should the public discover the true health cost(s) of nuclear pollution, a cry would rise from all parts…

  3. Fukushima Radiation Spreads Worldwide

    Fukushima Radiation Spreads Worldwide

    California, Finland, Canada, Australia Hit By Radiation The University of California at Berkeley detected cesium levels in San Francisco area milk above over EPA limits … and even higher than they were 6 months ago. Finnish public television says that…

  4. FUKUSHIMA. GLOBAL NUCLEAR RADIATION?  California Fish Contaminated with Fukushima Radiation

    Fukushima: Global Nuclear Radiation? California Fish Contaminated with Fukushima Radiation

    Low levels of radioactive cesium from Japan’s Fukushima Daiichi nuclear accident turned up in fish caught off California in 2011

Disclaimer: The contents of this article are of sole responsibility of the author(s). The Centre for Research on Globalization will not be responsible for any inaccurate or incorrect statement in this article. The Center of Research on Globalization grants permission to cross-post original Global Research articles on community internet sites as long as the text & title are not modified. The source and the author’s copyright must be displayed. For publication of Global Research articles in print or other forms including commercial internet sites, contact: publications@globalresearch.ca

www.globalresearch.ca contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of “fair use” in an effort to advance a better understanding of political, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than “fair use” you must request permission from the copyright owner.

For media inquiries: publications@globalresearch.ca

Copyright © Prof Michel Chossudovsky, Global Research, 2014

New Legal Issues – Jeff Barnes Esq., Foreclosure Defense Nationwide

NEW LEGAL ISSUES COMING UP IN TRIAL AND APPELLATE COURTS

DECEMBER 16, 2013

December 16, 2013

With the release of the US Bank admissions per our post of November 6, 2013; the issuance of the opinions from the Supreme Courts of Oregon and Montana holding that MERS is not the “beneficiary”; and recent opinions from various jurisdictions which are now, finally, holding that securitization-related issues are relevant in a foreclosure, a host of new legal issues are about to be litigated in the trial and appellate courts throughout the country. It has taken six (6) years and coast-to-coast work to get courts to realize that securitization of a mortgage loan raises issues as to standing, real party in interest, and the alleged authority to foreclose, and that the simplistic mantra of the “banks” and servicers of “we have the note, thus we win” is no longer to be blindly accepted.

One issue which we and others are litigating relates to mortgage loans originated by Option One, which changed its name to Sand Canyon Corporation and thereafter ceased all mortgage loan operations. Pursuant to the sworn testimony of the former President of Sand Canyon, it stopped owning mortgage loans as of 2008. However, even after this cessation of any involvement with servicing or ownership of mortgage loans, we see “Assignments” from Option One or Sand Canyon to a securitization trustee bank or other third party long after 2008.

The United States District Court for the District of New Hampshire concluded, with the admission of the President of Sand Canyon, that the homeowner’s challenge to the foreclosure based on a 2011 alleged transfer from Sand Canyon to Wells Fargo was not an “attack on the assignment” which certain jurisdictions have precluded on the alleged basis that the borrower is not a party to the assignment, but is a situation where no assignment occurred because it could not have as a matter of admitted fact, as Sand Canyon could not assign something it did not have. The case is Drouin v. American Home Mortgage Servicing, Inc. and Wells Fargo, etc., No. 11-cv-596-JL.

The Option One/Sand Canyon situation is not unique: there are many originating “lenders” which allegedly “assigned” mortgages or Deeds of Trust long after they went out of business or filed for Bankruptcy, with no evidence of post-closing assignment authority or that the Bankruptcy court having jurisdiction over a bankrupt lender ever granted permission for the alleged transfer of the loan (which is an asset of the Bankruptcy estate) out of the estate. Such a transfer without proof of authority to do so implicates bankruptcy fraud (which is a serious crime punishable under United States criminal statutes), and fraud on the court in a foreclosure case where such an alleged assignment is relied upon by the foreclosing party.

As we stated in our post of November 6, the admission of US Bank that a borrower is a party to any MBS transaction and that the loan is governed by the trust documents means that the borrower is, in fact, a party to any assignment of that borrower’s loan, and should thus be permitted to seek discovery as to any alleged assignment and all issues related to the securitization of the loan. We have put this issue out in many of our cases, and will be arguing this position at both the trial and appellate levels beginning early 2014.

Jeff Barnes, Esq., http://www.ForeclosureDefenseNationwide.com

Thoughts on Foreclosures

James and I were working outside, and he called me over and we began talking about that which occupies most of out time…  

Foreclosures.  

Many people don’t realize it, but there are many unseen reasons that people are foreclosed on.  After putting people into  toxic loans, and putting those toxic loans into pools with numerous other toxic loans, there was just a matter of time before the loans would go default, we all know that, the payments would become unmanageable.  

But many people, those who came to a better standing than they had been before, and being more prosperous, and even those who were not,  would have gone on to refinance those loans.  That could not be allowed to happen, because the loans would be paid off and the loans dissolved.  How do you stop someone from refinancing their loan?  Foreclose before they can.

They could not have anyone pulling the loans out of the Trusts that the loans had allegedly gone into, there was no money in the Trusts anyway.  The Banksters have a way of turning everything into a matter of profit.

Foreclosure Defense Nationwide – Jeff Barnes, Esq

 

Jeff Barnes, Esq. On the Ball! 

http://foreclosuredefensenationwide.com/?p=533

US BANK ADMITS, IN WRITING FROM THEIR CORPORATE OFFICE, THAT THE BORROWER IS A PARTY TO AN MBS TRANSACTION; THAT SECURITIZATION TRUSTEES ARE NOT INVOLVED IN THE FORECLOSURE PROCESS; HAVE NO ADVANCE KNOWLEDGE OF WHEN A LOAN HAS DEFAULTED; THAT THE “TRUE BENEFICIAL OWNERS” OF A SECURITIZED MORTGAGE ARE THE INVESTORS IN THE MBS; AND THAT THE GOAL OF A SERVICER IS TO “MAXIMIZE THE RETURN TO INVESTORS”                                                                                                                                                                                                 November 6, 2013

 We have been provided with a copy of U.S. Bank Global Corporate Trust Services’ “Role of the Corporate Trustee” brochure which makes certain incredible admissions, several of which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process. The brochure accompanied a letter from US Bank to one of our clients which states: “Your account is governed by your loan documents and the Trust’s governing documents”, which admission clearly demonstrates that the borrower’s loan is directly related to documents governing whatever securitized mortgage loan trust the loan has allegedly been transferred to. This brochure proves that Courts which have held to the contrary are wrong on the facts. 

The first heading of the brochure is styled “Distinct Party Roles”. The first sentence of this heading states: “Parties involved in a MBS transaction include the borrower, the originator, the servicer and the trustee, each with their own distinct roles, responsibilities and limitations.” MBS is defined at the beginning of the brochure as the sale of “Mortgage Backed Securities in the capital markets”. The fourth page of the brochure also identifies the “Parties to a Mortgage Backed Securities Transaction”, with the first being the “Borrower”, followed by the Investment Bank/Sponsor, the Investor, the Originator, the Servicer, the Trust (referred to “generally as a special purpose entity, such as a Real Estate Mortgage Investment Conduit (REMIC)”), and the Trustee (stating that “the trustee does not have an economic or beneficial interest in the loans”). 

The second page sets forth that U.S. Bank, as Trustee, “does not have any discretion or authority in the foreclosure process.” If this is true, how can U.S. Bank as Trustee be the Plaintiff in judicial foreclosures or the foreclosing party in non-judicial foreclosures if it has “no authority in the foreclosure process”? 

The second page also states: “All trustees for MBS transactions, including U.S. Bank, have no advance knowledge of when a mortgage loan has defaulted.” Really? So when, for example, MERS assigns, in 2011, a loan to a 2004 Trust where the loan has been in default since 2008, no MBS “trustee” bank (and note that it says “All” trustees) do not know that a loan coming into the trust is in default? The trust just blindly accepts loans which may or may not be in default without any advanced due diligence? Right. Sure. Of course. LOL. 

However, that may be true, because the trustee banks do not want to know, for then they can take advantage of the numerous insurances, credit default swaps, reserve pools, etc. set up to pay the trust when loans are in default, as discussed below. 

The same page states that “Any action taken by the servicer must maximize the return on the investment made by the ‘beneficial owners of the trust’ — the investors.” The fourth page of the brochure states that the investors are “the true beneficial owners of the mortgages”, and the third page of the brochure states “Whether the servicer pursues a foreclosure or considers a modification of the loan, the goal is still to maximize the return to investors” (who, again, are the true beneficial owners of the mortgage loans). 

This is a critical admission in terms of what happens when a loan is securitized. The borrower initiated a mortgage loan with a regulated mortgage banking institution, which is subject to mortgage banking rules, regulations, and conditions, with the obligation evidenced by the loan documents being one of simple loaning of money and repayment, period. Once a loan is sold off into a securitization, the homeowner is no longer dealing with a regulated mortgage banking institution, but with an unregulated private equity investor which is under no obligation to act in the best interest to maintain the loan relationship, but to “maximize the return”. This, as we know, almost always involves foreclosure and denial of a loan mod, as a foreclosure (a) results in the acquisition of a tangible asset (the property); and (b) permits the trust to take advantage of reserve pools, credit default swaps, first loss reserves, and other insurances to reap even more monies in connection with the claimed “default” (with no right of setoff as to the value of the property against any such insurance claims), and in a situation where the same risk was permitted to be underwritten many times over, as there was no corresponding legislation or regulation which precluded a MBS insurer (such as AIG, MGIC, etc.) from writing a policy on the same risk more than once. 

As those of you know who have had Bloomberg reports done on securitized loans, the screens show loans which have been placed into many tranches (we saw one where the same loan was collateralized in 41 separate tranches, each of which corresponded to a different class of MBS), and with each class of MBS having its own insurance, the “trust” could make 41 separate insurance claims AND foreclose on the house as well! Talk about “maximizing return for the investor”! What has happened is that the securitization parties have unilaterally changed the entire nature of the mortgage loan contract without any prior notice to or approval from the borrower. 

There is no language in any Note or Mortgage document (DOT, Security Deed, or Mortgage) by which the borrower is put on notice that the entire nature of the mortgage loan contract and the other contracting party may be unilaterally changed from a loan with a regulated mortgage lender to an “investment” contract with a private equity investor. This, in our business, is called “fraud by omission” for purposes of inducing someone to sign a contract, with material nondisclosure of matters which the borrower had to have to make the proper decision as to whether to sign the contract or not. 

U.S. Bank has now confirmed, in writing from its own corporate offices in St. Paul, Minnesota, so much of what we have been arguing for years. This brochure should be filed in every securitization case for discovery purposes and opposing summary judgments or motions to dismiss where the securitized trustee “bank” takes the position that “the borrower is not part of the securitization and thus has no standing to question it.” U. S. Bank has confirmed that the borrower is in fact a party to an MBS transaction, period, and that the mortgage loan is in fact governed, in part, by “the Trust’s governing documents”, which are thus absolutely relevant for discovery purposes. 

Jeff Barnes, Esq.,

http://www.ForeclosureDefenseNationwide.com

From Living Lies – On Stopa’s Courage, and Appellate Court’s Bias

Attorney Mark Stopa Shows Guts Confronting Appellate Court Bias

Posted on October 4, 2013 by Neil Garfield 

http://livinglies.wordpress.com/2013/10/04/attorney-mark-stopa-shows-guts-confronting-appellate-court-bias/ 

I have just received a copy of a daring and tempestuous motion for rehearing en banc filed by the winner of the appeal. The homeowner won because of precedent, law and common sense; but the court didn’t like their own decision and certified an absurd question to the Florida Supreme Court. The question was whether the Plaintiff in a foreclosure case needs to have standing at the commencement of the action. Whether it is jurisdictional or not (I think it is clearly jurisdictional) Stopa is both right on the law and right on his challenge to the Court on the grounds of BIAS. 

The concurring opinion of the court actually says that the court is ruling for the homeowner because it must — but asserts that it is leading to a result that fails to expedite cases where the outcome of the inevitable foreclosure is never in doubt. In other words, the appellate court has officially taken the position that we know before we look at a foreclosure case that the bank should win and the homeowner should lose. The entire court should be recused for bias that they have put in writing. What homeowner can bring an action or defend an action where the outcome desired by the courts in that district have already decided that homeowners are deadbeats and their defenses are quite literally a waste of time? Under the rules, the Court should not hear the the motion for rehearing en banc, should vacate that part of the decision that sets up the rube certified question, and the justices who participated must be recused from hearing further appeals on foreclosure cases. 

Lest their be any mistake, and without any attempt to step on the toes of Stopa’s courageous brief on an appeal he already won, I wish to piggy back on his brief and expand certain points. The problem here might be the subject of a federal due process action against the state. Judges who have already decided foreclosure or mortgage litigation cases before they even see them are not fit to hear them. It IS that simple.

The question here was stated as the issue of standing at the commencement of the lawsuit. Does the bank need to have a claim before it files it? The question is so absurd that it is difficult to address without a joke. But this is not funny. The courts have rapidly evolved into a position that expedited decisions are better than fair decisions. There is NOTHING in the law that supports that position and thousands of cases that say the opposite is true under our system of law. Any judge who leans the other way should be recused or taken off the bench entirely. 

In lay terms, the Appellate Court’s certified question would allow anyone who thinks they might have a claim in the future to file the lawsuit now. And the Court believes this will relieve the clogged court calendars. If this matter is taken seriously and the Supreme Court accepts the certified question for serious review it will merely by acceptance be making a statement that makes it possible for all kinds of claims that anticipate an injury. 

It is bad enough that judges appear to be ignoring the requirement that there must be an allegation that a loan was made by the originating party and that the Plaintiff actually bought the loan. This was an obvious requirement that was consistently required in pleading until the courts were clogged with mortgage litigation, at which point the court system tilted far past due process and said that if the borrower stopped paying there were no conditions under which the borrower could win the case. 

It is bad enough that Judges appear to be ignoring the requirement that the allegation that the Plaintiff will suffer financial damage unless relief is granted. This was an obvious requirement that was consistently required in pleading until the mortgage meltdown. 

Why is this important? Because the facts will show that lenders consistently violated basic and advanced protections that have been federal and State law for decades. These violations more often than not produced an unenforceable loan — as pointed out in law suits by federal and state regulators, and as pointed out by the lawsuits of investors who were real lenders who are screwed each time the court enters foreclosure judgment in favor of the bank instead of the investor lenders. 

It is not the fault of borrowers that this mess was created. It is the fault of Wall Street Bankers who were working a scheme to defraud investors by diverting the real transaction and making it appear that the banks were principals in the loan transaction when in fact they were never real parties in interest. Nobody would seriously argue that this eliminates the debt. But why are we enforcing that debt with completely defective mortgage instruments in a process that confirms the fraud and ratifies it to the damage of investors who put up the money in the first place? The courts have made a choice that is unavailable in our system of law. 

This is also judicial laziness. If these justices want to weigh in on the mortgage mess, then they should have the facts and not the stories put forward by Wall Street that have been proven to be pure fiction, fabrication, lies and perjury. That the Court ignores what is plainly documented in hundreds of thousands of defective mortgage transactions and the behavior of banks that resulted in “strangers to the transaction” being awarded title to property — that presents sufficient grounds to challenge any court in the system on grounds of bias and due process. If ever we had a mass hysteria for prejudging cases, this is it. 

Neil Garfield | October 4, 2013 at 9:26 am | Tags: bias, Mark Stopa, motion for rehearing en banc, recusal, removal of judge, standing | Categories: CORRUPTION, Eviction, foreclosure, foreclosure mill, investment banking, Investor, MODIFICATION, Mortgage, Motions, Pleading, politics, securities fraud, Servicer | URL: http://wp.me/p7SnH-5GX

Why Does No One Do Anything?

Protesters Turned Into Those Whom They Were Protesting SUX!

BY NOOTKABEAR ON SEPTEMBER 30, 2013

You know, I have been thinking a lot lately about why it is that the Protesters from the 60′s and early 70′s are really pissing me off nowadays.   They act like a bunch of sheep or cattle.  The whole country is running amock and nobody says a damned thing about it.  IT SUX!  

I have come to the realization that the Protesters from the 60′-70′s turned into the very thing they were protesting, except even more so.  It SUX!

You would have thought that those protesters would have gone on to make a difference, and that there would not be all of this corruption that we deal with on a daily basis.  The flower children, peace – love and rock & roll.  What the hell happened?  Those people forgot everything about why they were protesting in the first place.  They forgot “let’s love one another”, forgot about “live and let live”.  Hell they are worse than the people they were protesting, because they are hypocrites.  

Now, they go sludging along, fuck it if everyone is being foreclosed upon, even if they paid for the property in full.  Fuck it if we have WWIII because our president is a fuck up.  Fuck it if Russia nukes us.  Fuck it if the Japanese have ended life on earth with their meltdown problem.  Fuck it if Russia’s Putin now speaks when the United States should have been speaking.  Fuck it if the Christians are being slaughtered.   Fuck it if there are no jobs.  Fuck it if Obamacare causes all of us to be denied healthcare we are entitled to.

Fuck it, Fuck it, fuck it.  THIS SUX!  This is not who we are.  This is not what are forefathers would have accepted.  This is not how we got to where we were.

So this week, the Protesters, turned cattle, sheep and couch potatoes are what SUX!!!

Thank You Living Lies, Neil Garfield, For Telling It Like It Is!

New post on Livinglies’s Weblog

Federal Agent Misconduct in Favor of BofA and McCarthy Holthus and Levine law firm?

http://livinglies.wordpress.com/2013/09/03/federal-agent-misconduct-in-favor-of-bofa-and-mccarthy-holthus-and-levine-law-firm/

by Neil Garfield

HAS FORECLOSURE DEFENSE BECOME A TERROR THREAT?

WHO IS TERRIFIED HERE?

This is a story about abuse of power or abuse of apparent power. The object is to cover-up crimes that remain largely undetected because the complex maze created by the “Thirteen Banks.”The stakes could not be higher. Either the current major Banks will be sustained or they will come crashing down with a feeding frenzy on a carcass of a predator that stole tens of trillions of dollars from multiple countries, hundreds of millions of people, and millions of homes across the world that should, by all accounts under the Law, still belong to the owner who was displaced by foreclosure. The banks are willing to do anything and they are paying outsize fees and other legal expenses (topping $100 Billion now).

The agents involved — Mike Lum from Homeland Security, Tim Hines, FBI Agent, and Sean Locksa, FBI agent — were either moonlighting (the agents say they were acting in their official capacity) and using their badges in appropriately or they were sent to intimidate litigants with Bank of America represented by McCarthy Holthus and Levine. A few years back, I received reports that the law firm, and in particular attorney Levine, had sent letters to local prosecutors to request action against people who were defending their property from foreclosure. The agents admitted to Blomberg today that they received a “tip” and that “it” was “no longer” a criminal manner and that they had ended their investigation.

In one prior case I saw a letter and I believe I might have seen an affidavit signed by Levine. The result was a series of indictments against one individual that were later dismissed. I have no information on the other cases all dating back to around 2010. I know one of the people, the one who I know was indicted, spent the last bit of her money hiring a criminal attorney to defend her. The case was “settled with a dismissal.” She subsequently lost two homes that were previously unencumbered in a foreclosure where different parties stepped in to foreclose than the ones who asked for lift stay in her bankruptcy. None of the parties were creditors or properly identified.

I now believe I have enough information to connect the dots, and raise the question as to whether members of local, federal and state law enforcement are colluding (or are being wrongfully used by the suggestion of false information) with Bank of America and at least one law firm — McCarthy Holthus and Levine — in which litigants and perhaps witnesses are intimidated into submission to wrongful foreclosures. The information contained in this article relates primarily to Arizona and to a lesser degree, California. I have no information on any other such activity in any other state of the union.

It also appears as though Bank of America and McCarthy Holthus and Levine were taking advantage of some sloppiness at the Post Office, for which the Postmaster in Simi Valley has apologized and sent a refund to the complainant, Darrell Blomberg whose story can be read below. The interesting thing here is that Blomberg reports that McCarthy Holthus and Levine directly received a letter that was addressed to Celia Mora, a suspected robo signor who apparently lives in Simi Valley, according to the post office, but whose mail bears a San Diego postmark.

The joint terrorism task force supposedly represented by the three men identified above, will not answer calls relating to this matter. Thus we only have Blomberg’s report and my own information and analysis — and of course public record. We do have a callback received today by Blomberg who reports that the agents answered a limited number of questions.

The information contained in this report is substantially corroborated by another source who, like Blomberg I consider to have the highest integrity and who was also visited this past week by the same agents who visited Blomberg. Since no specific act was alleged in the interviews except the perfectly legal request to the post office to confirm an address of a potential witness and test mailings to see who was receiving the mailings, it is hard to conclude anything other than that these agents were being used officially or unofficially to intimidate litigants who have been successful at defending their homes in foreclosure for years, and to intimidate them into ceasing their factual and investigative help to other homeowners who are also being wrongfully foreclosed.

If these interviews were sanctioned by the terrorism task force, the FBI or Homeland security it clearly represents the use of Federal law enforcement authority for the benefit of gaining a civil advantage — a crime in most jurisdictions. How high the orders went in those organization I do not know. If there were no such orders and these agents were doing a “favor” then they are subject to discipline for misuse of their badge and deliberately misleading the persons interviewed into thinking that this was an official investigation. The agencies involved might be negligent in supervising the activity of these agents. Neither of the sources for this story have any mark on their record except the mark of distinction — one having worked for decades in law enforcement in economic crimes.

Was Darrel Blomberg getting too close to the truth?

In litigation, one of the points raised by Blomberg was that Celia Mora — allegedly signed an affidavit perhaps by herself and perhaps as a robo signor. The issue of forgery didn’t come up. There was a San Diego post mark same day as the affidavit was allegedly signed 160 miles away. Blomberg’s position was Mora had no actual authority no actual executive position or managerial position, and signed clerically under instruction without knowledge of the contents. That is it. The fact that McCarthy Holthus and Levine actually received the letter addressed to Mora through normal postal service leads one to believe that the affidavit may have been created at the law firm and perhaps even signed there in Arizona. Hence any criminal behavior suggested was not the work of Blomberg but could have been the work of the law firm or Bank of America. To my knowledge there is no investigation pending relating to the use of the mails, false documents, improper signatures, lack of authority or any of the issues presented by Blomberg.

From there it became a vague charge of harassment communicated by three Federal Agents. Harassment was the word used by the agents in the interview with Blomberg and the interview with my other source. But no specific act was stated even in passing as to what act would be investigated as harassment, no less a matter of national security. More telling, when the agents left both interviews, neither source was instructed or requested to stop any specific act. That leads to the question, if there was no conduct they sought to stop, why were they there at all?

Note that McCarthy Malthus and Levine has been replaced by the law firm of Bryan Cave since June, 2013 in Blomberg’s case. Generally speaking Greg Iannelli, Esq. handles the more sensitive pieces of litigation that could blow the lid off of the fraudulent scheme of securitization.

Read Blomberg’s account here —> 2013-08-29, Unexpected Visit from the National Joint Terrorism Task Force

Background and analysis: Why do the banks continue to use low paid clerical workers to sign affidavits and other documents for which they obviously lack authority or knowledge? Why won’t a true executive with true authority and actual personal knowledge based upon his or her own actual observation, investigation and analysis to make sure the foreclosure is proper as to the property, the persons, the balance due and the existence of a default — especially with reference to the actual creditor’s books of account?

Convenience doesn’t cover it. With legal costs topping $100 Billion it would be impossible to pass the giggle test on any explanation of convenience when it comes to the paperwork. My conclusion is that it is worth getting embarrassed in court as long as the number of times is small enough that the overall scheme is not toppled. The use of clerical personnel to sign and approve documents relating to foreclosure is akin to allowing teller’s decide whether you can have a loan on that new car or new house. It doesn’t happen. If it doesn’t happen when the “loan” goes out, then it is fair to assume that the same standards would apply when the loan turns bad and comes back in.

Think about it. The Banks are reporting record profits. U. S. Bank reported $42 Billion in just one quarter. They are attributing their profits to proprietary trading — something I have attributed to laundering the illicit retention of funds that should have been used to pay investors the principal and accrued interest that was due on the promise of investment banks when they issued bogus mortgage bonds. That money was received by the Banks as agents for the investors and therefore, whether paid or not, is a credit against the account receivable owned by the investors.

The Glaski appellate attorneys gratuitously admitted that the true owner of the debts will never be known. Yet the true relationship between the homeowners and the lenders is regarded as known and enforceable. In short, the position of the Banks is that we don’t know who this money belongs to but it must belong to someone so we are going to collect it and foreclose. We’ll get back to you later on what we did with the money. The Banks are required to take that idiotic position because (a) it is still working in court and (b) they get to avoid liability to investors, guarantors, insurers, borrowers and government agencies that could exceed $10 trillion. So $100 Billion in legal expenses is only 1% of their exposure. It is easy to see how the Math works. If the legal expenses were a far more significant portion of the money the Banks were holding then they would find another way to deal with it. 

If the false trading and laundering of money was properly entered on the books as merely repatriating money that was hidden, the investors would be spared the losses that threaten our pensions and cities. It would also alleviate or eliminate the corresponding account payable due from homeowners, city budgets and other “borrowers” who were the unwitting pawns in a scheme to defraud investors. The collateral damage to all citizens, all taxpayers, all consumers, all workers and all homeowners has been obvious since 2007.

The extraordinary story is aggravated by the knowledge that the legal expenses of the Banks has now topped $100 Billion. Like I said, think about it. Nobody spends $100 Billion unless it is worth it. It is worth the price because of the amount of liability they are avoiding, and the amount of money they stole that went offshore. The amount of the theft can be estimated in a variety of ways, and the results are always the same. They siphoned trillions of dollars from many countries. In the U.S. alone it appears that the total was in excess of $17 Trillion, which is $3 Trillion MORE than the total amount of lending on residential “loans.” Extrapolating the most recent profit report from U. S. Bank from a quarter (three months) to a year, that one Bank is reporting annual earnings from “proprietary” trading in excess of $160 Billion per year. That is one of 18 Banks that were involved in this crime against humanity. Do the math.

So the Banks retain money that they never legally earned at the expense of deceived investors, Cities and sovereign wealth funds AND at the expense of the “borrowers” in the “underlying” deals. And by not crediting the lenders, the corresponding reduction of the account payable from “Borrowers” is also absent.No consent for principal reduction is required because the balance has also been reduced or extinguished by payment. Follow the money trail and the results was astonish you. This is like organized crime with all the trimmings of governmental complicity.

Now I am reporting that based upon a pattern of conduct that appears particularly egregious in Arizona, this unholy alliance between the people who committed the wrongs and government is becoming apparent. Who would have imagined indictments and “investigations” of people litigating their cases against the Banks after the scale the crime became apparent in 2008-2009?

CAVEAT: The agents in the Blomberg interview insist they were acting in their official capacity and I take them at their word. My problem with that assumption is that it means the system is susceptible of manipulation by attorneys who have no problem playing dirty tricks to gain a civil advantage. Or, worse, it means that there are high level people in the system who are willing to look the other way when this behavior pops up.

By this point in the savings and loan scandal in the 1980′s more than 800 bank presidents and loan officers, along with mortgage brokers and originators had been convicted by a jury and were serving their sentences. This time the tally is zero. But the reverse is not true. Mortgage brokers and originators and investors who played the system against itself have been investigated, prosecuted and sentenced to prison. And even homeowners have been accused of crimes that were identical to the crimes committed by Banks on a much larger scale. Steal a million, go to jail. Steal a Trillion and get immunity because the finance system might not survive removing the criminals from our society. No longer a nation of laws we have become a nation of men, corrupt men, who continue to accumulate wealth and power as they channel their illicit gains into reported Bank “profits” and control over world natural resources.

For about three years I have been investigating an unholy alliance between a law firm, McCarthy Holthus and Levine, Bank of America, U.S. Bank and law enforcement. It appears as though they have some special influence and that local, state and Federal law enforcement agents are acting as collectors and intimidators outside the boundaries of the law. Prosecutors have followed this line of attack against those pro se litigants who are getting close to the truth that the foreclosures — all of them — were bogus, if they were based upon mortgages and deeds of trust carrying claims of securitization, arising from Assignment and Assumption Agreements, Pooling and Servicing Agreements, and false prospectuses to investors.

The attached report from Darrel Blomberg, a person of unparalleled integrity, tells the story of agents from the FBI who (whether they realized it or not) are clearly acting at the behest and for the benefit of Bank of America, who was represented by McCarthy Holthus and Levine. In the past week, the agents have been visiting at least two people based upon a “harassment” allegation. The agents declared themselves to be part of a joint terrorism task force. The act of harassment was a request for confirmation of address and confirmation of address that ended up both in the offices of Bank of America and the office of McCarthy Holthus and Levine. It was addressed to the U.S. Postmaster who apologized for gaffes in processing the requests and even refunded money to Blomberg. No investigation has been threatened by the U.S. Postal inspector against either the Bank or the law firm. And none has been threatened against Blomberg.

Having a few pages of the attempt to get address of a robo signor whose signature appears to have been forged, these agents have interviewed two people in Arizona that have been known to provide factual assistance to other homeowners and whose own cases have been spread out over many years as the Bank continues to fail in its attempt to claim ownership or verify the balance of the debt. These agents identified themselves as having been dispatched from the FBI, Homeland security and the joint task force. Whether they were merely moonlighting or were in fact dispatched by their superiors, it is clear that no criminal matter was under investigation, and that their purpose was to intimidate two people who fortunately are not easily intimidated. Based upon my investigation it appears as though that law Firm, McCarthy, Holthus and Levine who is frequently replaced by Bryan Cave, has been doing dirty work for the banks through contacts in law enforcement.

It is happening and this should be stopped before it becomes a commonplace act throughout the country.

In the final analysis the issue of ownership of the loan is going to unravel this mess because it is only then that we can look at the books of account and see what money is owed on the original account receivable for the creditor/investor/REMIC.

The analysis of ownership does not merely look to the agreements the parties entered into because the label parties give to a transaction does not determine its character. See Helvering v. Lazarus & Co. 308 U.S. 252, 255 (1939). The analysis must examine the underlying economics and the attendant facts and circumstances to determine who owns the mortgage notes for tax purposes. See id. The court in In re Kemp documents in painful detail how Countrywide failed to transfer possession of a note to the pool backing a Mortgage Backed Security (MBS) so that Countrywide failed to comply with the requirements necessary for the mortgage to comply with the REMIC rules. See In re Kemp, 440 F.R. 624 (Bkrtcy D.N.J. 2010). Defendant in this case has done exactly what was adjudicated in Kemp, failure to sufficiently show a timely transfer that complied with the strict language of the trusts’ Agreements.

As the Kemp court notes, “[f]rom the maker’s standpoint, it becomes essential to establish that the person who demands payment of a negotiable note, or to whom payment is made, is the duly qualified holder. Otherwise, the obligor is exposed to the risk of double payment, or at least to the expense of litigation incurred to prevent duplicative satisfaction of the instrument. These risks provide makers(Plaintiff in this case) with a recognizable interest in demanding proof of the chain of title” (specifically referring to the trust participants). 440 B.R. at 631 (quotingAdams v. Madison Realty & Dev., Inc., 853 F.2d 163, 168 (3d Cir. N.J. 1988). And because the originator did not comply with the legal niceties, the beneficial owner of the debt, the trustee, cannot file its proof of claim either. 

 

Another Great Article From Living Lies, Telling It Like It Is!

 

LAST CHANCE FOR JUSTICE

Posted on August 19, 2013 by Neil Garfield

“We are still in the death grip of the banks as they attempt to portray themselves as the bulwarks of society even as they continue to rob us of homes, lives, jobs and vitally needed capital which is being channeled into natural resources so that when we commence the gargantuan task of repairing our infrastructure we can no longer afford it and must borrow the money from the thieves who created the gaping hole in our economy threatening the soul of our democracy.” Neil Garfield, livinglies.me

We all know that dozens of people rose to power in Europe and Asia in the 1930′s and 1940′s who turned the world on its head and were responsible for the extermination of tens of millions of people. World War II still haunts us as it projected us into an arms race in which we were the first and only country to kill all the people who lived in two cities in Japan. The losses on both sides of the war were horrendous.
Some of us remember the revelations in 1982 that the United States actively recruited unrepentant Nazi officers and scientists for intelligence and technological advantages in the coming showdown with what was known as the Soviet Union. Amongst the things done for the worst war criminals was safe passage (no prosecution for war crimes) and even new identities created by the United States Department of Justice. Policy was created that diverted richly deserved consequences into rich rewards for knowledge. With WWII in the rear view mirror policy-makers decided to look ahead and prepare for new challenges.

Some of us remember the savings and loans scandals where banks nearly destroyed everything in the U.S. marketplace in the 1970′s and 1980′s. Law enforcement went into high gear, investigated, and pieced together the methods and complex transactions meant to hide the guilt of the main perpetrators in and out of government and the business world. More than 800 people went to jail. Of course, none of the banks had achieved the size that now exists in our financial marketplace.

Increasing the mass of individual financial institutions produced a corresponding capacity for destruction that eclipsed anything imagined by anyone outside of Wall Street. The exponentially increasing threat was ignored as the knowledge of Einstein’s famous equation faded into obscurity. The possibilities for mass destruction of our societies was increasing exponentially as the mass of giant financial service companies grew and the accountability dropped off when they were allowed to incorporate and even sell their shares publicly, replacing a system, hundreds of years old in which partners were ultimately liable for losses they created.

The next generation of world dominators would be able to bring the world to its knees without firing a shot or gassing anyone. Institutions grew as malignancies on steroids and created the illusion of contributing half our gross domestic product while real work, real production and real inventions were constrained to function in a marketplace that had been reduced by 1/3 of its capacity — leaving the banks in control of  $7 trillion per year in what was counted as gross domestic product. Our primary output by far was trading paper based upon dubious and fictitious underlying transactions; if those transactions had existed, the share of GDP attributed to financial services would have remained at a constant 16%. Instead it grew to half of GDP.  The “paradox” of financial services becoming increasingly powerful and generating more revenues than any other sector while the rest of the economy was stagnating was noted by many, but nothing was done. The truth of this “paradox” is that it was a lie — a grand illusion created by the greatest salesmen on Wall Street.

So even minimum wage lost 1/3 of its value adjusted for inflation while salaries, profits and bonuses were conferred upon people deemed as financial geniuses as a natural consequence of believing the myths promulgated by Wall Street with its control over all forms of information, including information from the government.

But calling out Wall Street would mean admitting that the United States had made a wrong turn with horrendous results. No longer the supreme leader in education, medical care, crime, safety, happiness and most of all prospects for social and economic mobility, the United States had become supreme only through its military strength and the appearance of strength in the world of high finance, its currency being the world’s reserve despite the reality of the ailing economy and widening inequality of wealth and opportunity — the attributes of a banana republic.

All of us remember the great crash of 2008-2009. It was as close as could be imagined to a world wide nuclear attack, resulting in the apparent collapse of economies, tens of millions of people being reduced to poverty, tossed out of their homes, sleeping in cars, divorces, murder, riots, suicide and the loss of millions of jobs on a rising scale (over 700,000 per month when Obama took office) that did not stop rising until 2010 and which has yet to be corrected to figures that economists say would mean that our economy is functioning at proper levels. Month after month more than 700,000 people lost their jobs instead of a net gain of 300,000 jobs. It was a reversal of 1 million jobs per month that could clean out the country and every myth about us in less than a year.

The cause lay with misbehavior of the banks — again. This time the destruction was so wide and so deep that all conditions necessary for the collapse of our society and our government were present. Policy makers, law enforcement and regulators decided that it was better to maintain the illusion of business as usual in a last ditch effort to maintain the fabric of our society even if it meant that guilty people would go free and even be rewarded. It was a decision that was probably correct at the time given the available information, but it was a policy based upon an inaccurate description of the disaster written and produced by the banks themselves. Once the true information was discovered the government made another wrong turn — staying the course when the threat of collapse was over. In a sense it was worse than giving Nazi war criminals asylum because at the time they were protected by the Department of Justice their crimes were complete and there existed little opportunity for them to repeat those crimes. It could be fairly stated that they posed no existing threat to safety of the country. Not so for the banks.

Now as all the theft, deceit and arrogance are revealed, the original premise of the DOJ in granting the immunity from prosecution was based upon fraudulent information from the very people to whom they were granting safe passage. We have lost 5 million homes in foreclosure from their past crimes, but we remain in the midst of the commission of crimes — another 5 million illegal, wrongful foreclosures is continuing to wind its way through the courts.

Not one person has been prosecuted, not one statement has been made acknowledging the crimes, the continuing deceit in sworn filings with regulators, and the continuing drain on the economy and our ability to finance and capitalize on innovation to replace the lost productivity in real goods and services.

We are still in the death grip of the banks as they attempt to portray themselves as the bulwarks of society even as they continue to rob us of homes, lives, jobs and vitally needed capital which is being channeled into natural resources so that when we commence the gargantuan task of repairing our infrastructure we can no longer afford it and must borrow the money from the thieves who created the gaping hole in our economy threatening the soul of our democracy. If the crimes were in the rear view mirror one could argue that the policy makers could make decisions to protect our future. But the crimes are not just in the rear view mirror. More crimes lie ahead with the theft of an equal number of millions of homes based on false and wrongful foreclosures deriving their legitimacy from an illusion of debt — an illusion so artfully created that most people still believe the debts exist. Without a very sophisticated knowledge of exotic finance it seems inconceivable that a homeowner could receive the benefits of a loan and at the same time or shortly thereafter have the debt extinguished by third parties who were paid richly for doing so.

Job creation would be unleashed if we had the courage to stop the continuing fraud. It is time for the government to step forward and call them out, stop the virtual genocide and let the chips fall where they might when the paper giants collapse. It’s complicated, but that is your job. Few people lack the understanding that the bankers behind this mess belong in jail. This includes regulators, law enforcement and even judges. but the “secret” tacit message is not to mess with the status quo until we are sure it won’t topple our whole society and economy.

The time is now. If we leave the bankers alone they are highly likely to cause another crash in both financial instruments and economically by hoarding natural resources until the prices are intolerably high and we all end up pleading for payment terms on basic raw materials for the rebuilding of infrastructure. If we leave them alone another 20 million people will be displaced as more than 5 million foreclosures get processed in the next 3-4 years. If we leave them alone, we are allowing a clear and present danger to the future of our society and the prospects for safety and world peace. Don’t blame Wall Street — they are just doing what they were sent to do — make money. You don’t hold the soldier responsible for firing a bullet when he was ordered to do so. But you do blame the policy makers that him or her there. And you stop them when the policy is threatening another crash.

Stop them now, jail the ones who can be prosecuted, and take apart the large banks. IMF economists and central bankers around the world are looking on in horror at the new order of things hoping that when the United States has exhausted all other options, they will finally do the right thing. (see Winston Churchill quote to that effect).

But forget not that the ultimate power of government is in the hands of the people at large and that the regulators and law enforcement and judges are working for us, on our nickle. Action like Occupy Wall Street is required and you can see the growing nature of that movement in a sweep that is entirely missed by those who arrogantly pull the levers of power now. OWS despite criticism is proving the point — it isn’t new leaders that will get us out of this — it is the withdrawal of consent of the governed one by one without political affiliation or worshiping sound sound biting, hate mongering politicians.

People have asked me why I have not until now endorsed the OWS movement. The reason was that I wanted to give them time to see if they could actually accomplish the counter-intuitive result of exercising power without direct involvement in a corrupt political process. They have proven the point and they are likely to be a major force undermining the demagogues and greedy bankers and businesses who care more about their bottom line than their society that gives them the opportunity to earn that bottom line.

New Fraud Evidence Shows Trillions Of Dollars In Mortgages Have No Owner
http://thinkprogress.org/economy/2013/08/13/2460891/new-fraud-evidence-shows-trillions-of-dollars-in-mortgages-have-no-owner/

Share this:

Bank of America whistle-blowers By David Dayen Great Story!

(Credit: Sashkin via Shutterstock/Salon)

Bank of America’s mortgage servicing unit systematically lied to homeowners, fraudulently denied loan modifications, and paid their staff bonuses for deliberately pushing people into foreclosure: Yes, these allegations were suspected by any homeowner who ever had to deal with the bank to try to get a loan modification – but now they come from six former employees and one contractor, whose sworn statements were added last week to a civil lawsuit filed in federal court in Massachusetts.

“Bank of America’s practice is to string homeowners along with no apparent intention of providing the permanent loan modifications it promises,” said Erika Brown, one of the former employees. The damning evidence would spur a series of criminal investigations of BofA executives, if we still had a rule of law in this country for Wall Street banks.

The government’s Home Affordable Modification Program (HAMP), which gave banks cash incentives to modify loans under certain standards, was supposed to streamline the process and help up to 4 million struggling homeowners (to date, active permanent modifications numberabout 870,000). In reality, Bank of America used it as a tool, say these former employees, to squeeze as much money as possible out of struggling borrowers before eventually foreclosing on them. Borrowers were supposed to make three trial payments before the loan modification became permanent; in actuality, many borrowers would make payments for a year or more, only to find themselves rejected for a permanent modification, and then owing the difference between the trial modification and their original payment. Former Treasury Secretary Timothy Geithner famously described HAMP as a means to “foam the runway” for the banks, spreading out foreclosures so banks could more readily absorb them.

These Bank of America employees offer the first glimpse into how they pulled it off. Employees, many of whom allege they were given no basic training on how to even use HAMP, were instructed to tell borrowers that documents were incomplete or missing when they were not, or that the file was “under review” when it hadn’t been accessed in months. Former loan-level representative Simone Gordon says flat-out in her affidavit that “we were told to lie to customers” about the receipt of documents and trial payments. She added that the bank would hold financial documents borrowers submitted for review for at least 30 days. “Once thirty days passed, Bank of America would consider many of these documents to be ‘stale’ and the homeowner would have to re-apply for a modification,” Gordon writes. Theresa Terrelonge, another ex-employee, said that the company would consistently tell homeowners to resubmit information, restarting the clock on the HAMP process.

Worse than this, Bank of America would simply throw out documents on a consistent basis. Former case management supervisor William Wilson alleged that, during bimonthly sessions called the “blitz,” case managers and underwriters would simply deny any file with financial documents that were more than 60 days old. “During a blitz, a single team would decline between 600 and 1,500 modification files at a time,” Wilson wrote. “I personally reviewed hundreds of files in which the computer systems showed that the homeowner had fulfilled a Trial Period Plan and was entitled to a permanent loan modification, but was nevertheless declined for a permanent modification during a blitz.” Employees were then instructed to make up a reason for the denial to submit to the Treasury Department, which monitored the program. Others say that bank employees falsified records in the computer system and removed documents from homeowner files to make it look like the borrower did not qualify for a permanent modification.

Senior managers provided carrots and sticks for employees to lie to customers and push them into foreclosure. Simone Gordon described meetings where managers created quotas for lower-level employees, and a bonus system for reaching those quotas. Employees “who placed ten or more accounts into foreclosure in a given month received a $500 bonus,” Gordon wrote. “Bank of America also gave employees gift cards to retail stores like Target or Bed Bath and Beyond as rewards for placing accounts into foreclosure.” Employees were closely monitored, and those who didn’t meet quotas, or who dared to give borrowers accurate information, were fired, as was anyone who “questioned the ethics … of declining loan modifications for false and fraudulent reasons,” according to William Wilson.

Bank of America characterized the affidavits as “rife with factual inaccuracies.” But they match complaints from borrowers having to resubmit documents multiple times, and getting denied for permanent modifications despite making all trial payments. And these statements come from all over the country from ex-employees without a relationship to one another. It did not result from one “rogue” bank branch.

Simply put, Bank of America didn’t want to hire enough staff to handle the crush of loan modification requests, and used these delaying tactics as a shortcut. They also pushed people into foreclosure to collect additional fees from them. And after rejecting borrowers for HAMP modifications, they would offer an in-house modification with a higher interest rate. This was all about profit maximization. “We were regularly drilled that it was our job to maximize fees for the Bank by fostering and extending delay of the HAMP modification process by any means we could,” wrote Simone Gordon in her affidavit.

It is a testament to the corruption of the federal regulatory and law enforcement apparatus that we’re only hearing evidence from inside Bank of America now, in a civil class-action lawsuit from wronged homeowners, when the behavior was so rampant for years. For example, the Treasury Department, charged with specific oversight for HAMP, didn’t sanction a single bank for failing to follow program guidelines for three years, and certainly did not uncover any of this criminal conduct. Steven Cupples, a former underwriter at Bank of America, explained in his statement how the bank falsified records to Treasury to make it look like they granted more modifications. But Treasury never investigated. Meanwhile, the Justice Department joined with state Attorneys General and other federal regulators to essentially bless this conduct in a series of weak settlements that incorporated other bank crimes as well, like “robo-signing” and submitting false documents to courts.

These affidavits, however, should return law enforcement to the case. William Wilson, the case management supervisor, alleges in his statement that this “ridiculous and immoral” conduct continued through August of 2012, when he was eventually fired for speaking up. That means Bank of America persisted with these activities for at least six months AFTER the main, $25 billion settlement to which they were a party. So state and federal regulators could sue Bank of America over this new criminal conduct, which post-dates the actions for which they released liability under the main settlement. Attorneys general in New York and Florida have accused Bank of America of violating the terms of the settlement, but they could simply open new cases about these new deceptive practices.

They would have no shortage of evidence, in addition to the sworn affidavits. According to Theresa Terrelonge, most loan-level representatives conducted their business through email; in fact, various email communications have already been submitted under seal in the Massachusetts civil case. State Attorneys General or US Attorneys would have subpoena power to gather many more emails.

And they would have very specific targets: the ex-employees listed specific executives by name who authorized and directed the fraudulent process. “The delay and rejection programs were methodically carried out under the overall direction of Patrick Kerry, a Vice President who oversaw the entire eastern region’s loan modification process,” wrote William Wilson. Other executives mentioned by name include John Berens, Patricia Feltch and Rebecca Mairone (now at JPMorgan Chase, and already named in a separate financial fraud case). These are senior executives who, if this alleged conduct is true, should face criminal liability.

Bank accountability activists have already seized on the revelations. “This is not surprising, but absolutely sickening,” said Peggy Mears, organizer for the Home Defenders League. “Maybe finally our courts and elected officials will stand with communities over Wall Street and prosecute, and then lock up, these criminals.”

Sadly, it’s hard to raise hopes of that happening. Past experience shows that our top regulatory and law enforcement officials are primarily interested in covering for Wall Street’s crimes. These well-sourced allegations amount to an accusation of Bank of America stealing thousands of homes, and lying to the government about it. Homeowners who did everything asked of them were nevertheless pushed into foreclosure, all to fortify profits on Wall Street. There’s a clear path to punish Bank of America for this conduct. If it doesn’t result in prosecutions, it will once again confirm the sorry excuse for justice we have in America.

Update: Read the full affidavits from the active court case here.

David Dayen is a freelance writer based in Los Angeles, CA. Follow him on Twitter at @ddayen.MORE DAVID DAYEN.

Pro Se Litigants Petition

PLEDGE OF SOLIDARITY FOR THE RIGHTS OF SELF-REPRESENTED LITIGANTS! Petition | GoPetition

Click on the Link to Sign the Petition

I Support Honesty in Government and the rights we were granted under the Constitution and Bill of Rights Petition | GoPetition

Big Banks Save Billions As Homeowners Suffer, Internal Federal Report By CFPB Finds

Release Date: 
March 28, 2011
Source: Shahien Nasiripour, The Huffington Post

NEW YORK — The nation’s five largest mortgage firms have saved more than $20 billion since the housing crisis began in 2007 by taking shortcuts in processing troubled borrowers’ home loans, according to a confidential presentation prepared for state attorneys general by the nascent consumer bureau inside the Treasury Department.

 That estimate suggests large banks have reaped tremendous benefits from under-serving distressed homeowners, a complaint frequent enough among borrowers that federal regulators have begun to acknowledge the industry’s fundamental shortcomings.

 The dollar figure also provides a basis for regulators’ internal discussions regarding how best to penalize Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial in a settlement of wide-ranging allegations of wrongful and occasionally illegal foreclosures. People involved in the talks say some regulators want to levy a $5 billion penalty on the five firms, while others seek as much as $30 billion, with most of the money going toward reducing troubled homeowners’ mortgage payments and lowering loan balances for underwater borrowers, those who owe more on their home than it’s worth.

 Even the highest of those figures, however, pales in comparison to the likely cost of reducing mortgage principal for the three million homeowners some federal agencies hope to reach. Lowering loan balances for that many underwater borrowers who owe less than $1.15 for every dollar their home is worth would cost as much as $135 billion, according to the internal presentation, dated Feb. 14, obtained by The Huffington Post.

 But perhaps most important to some lawmakers in Washington, the mere existence of the report suggests a much deeper link between the Bureau of Consumer Financial Protection, led by Harvard professor Elizabeth Warren, and the 50 state attorneys general who are leading the nationwide probe into the five firms’ improper foreclosure practices, a development sure to anger Republicans in Congress and a banking industry intent on diminishing the fledgling CFPB’s legitimacy by questioning its authority to act before it’s officially launched in July.

 Earlier this month, Warren told the House Financial Services Committee, under intense questioning, that her agency has provided limited assistance to the various state and federal agencies involved in the industry probes. At one point, she was asked whether she made any recommendations regarding proposed penalties. She replied that her agency has only provided “advice.”

 A representative of the consumer agency declined to comment on the presentation, citing the law enforcement nature of the federal investigation into the mortgage industry’s leading firms.

The seven-page presentation begins by stating that a deal to settle claims of improper foreclosures “provides the potential for broad reform.”

 In it, the consumer agency outlines possibilities offered by the settlement — a minimum number of mortgage modifications, a boost to the housing market — and how it could reform the industry going forward so that investors in home loans and the borrowers who owe them would be able to resolve situations in which borrowers fall behind on their payments without the complications of a large mortgage company acting in its own interest.

 The presentation also details how much certain firms likely saved in lieu of making the necessary loan-processing adjustments as delinquencies and foreclosures rose. Bank of America, for example, has saved more than $6 billion since 2007 by not upgrading its procedures or hiring more workers, according to the report. Wells Fargo saved about as much, with JPMorgan close behind. Citigroup and Ally bring the total saved to nearly $25 billion.

The presentation adds that the under-investment far exceeds the proposed $5 billion penalty that has been on the table. People familiar with the matter say the Office of the Comptroller of the Currency wants to fine the industry less than $5 billion.

 The alleged shortchanging of homeowners has prolonged the housing market’s woes, experts say, because distressed homeowners who are prime candidates to have their payments reduced aren’t getting loan modifications and lenders are taking up to two years to seize borrowers’ homes.

 The average borrower in foreclosure has been delinquent for 537 days before actually being evicted, up from 319 days in January 2009, according to Lender Processing Services, a data provider.

 The prolonged housing pain has manifested itself in various ways.

 Purchases of new U.S. homes dropped last month to the slowest pace on record, according to the Commerce Department. Prices declined to the lowest level since 2003, according to the National Association of Realtors. About 6.9 million homeowners were either delinquent or in foreclosure proceedings through February, according to LPS.

 A penalty of about $25 billion — based on mortgage servicing costs avoided — would have “little effect” on the five firms’ capital levels, according to the presentation, since the five banks collectively hold about $500 billion in tangible common equity, the highest form of capital. Those numbers notwithstanding, banks and Republicans in Congress have complained that such a large penalty would have a disproportionate impact on bank balance sheets, hurting their ability to lend or pay dividends to investors.

 The presentation adds that given the extent of negative equity — underwater homeowners owe $751 billion more than their homes are worth, according to data provider CoreLogic — “we have gravitated towards settlement solutions that enable asset liquidity and cast a wide net.” The solution is an emphasis on reducing mortgage debt and enabling short sales, thus allowing borrowers to refinance into more affordable loans or to sell their homes and move on.

Top Federal Reserve officials and other economists have pointed to the large numbers of underwater homeowners as being one of the reasons behind high unemployment, as underwater homeowners are unable to move to where the jobs are. More than 23 percent of homeowners with a mortgage are underwater, according to CoreLogic.

The proposed settlement, as envisioned by the consumer agency, could reduce loan balances for up to three million homeowners. If mortgage firms targeted their efforts at reducing mortgage debt for three million homeowners who owe as much as their homes are worth or have less than 5 percent equity, the total cost would be $41.8 billion, according to estimates cited in the presentation.

 If firms lowered total mortgage debt for three million homeowners who are underwater by as much as 15 percent and brought them to 5 percent equity, that would cost more than $135 billion, according to the presentation. That would include reducing second mortgages and home equity lines of credit.

 In its presentation, the consumer agency said the new program, titled “Principal Reduction Mandate,” could be “meaningfully additive to HAMP” — the Home Affordable Modification Program, the Obama administration’s primary mortgage modification effort.

 The CFPB estimates that there are about 12 million U.S. homeowners underwater, most of whom are not delinquent, according to its presentation. Of those, nine million would be eligible for this new principal-reduction scheme born from the foreclosure deal. The new initiative would then “mandate” three million permanent modifications.

News of the level of the consumer agency’s involvement in the state investigation would likely be welcomed by consumer and homeowner advocates, who have long complained of the lack of attention paid to distressed borrowers by federal bank regulators like the OCC and the Federal Reserve.

But Republicans will pounce on the news, creating yet another distraction for a fledgling bureau that was the centerpiece of the Obama administration’s efforts to reform the financial industry in the wake of the worst economic crisis since the Great Depression.

Meanwhile, the banking industry will likely celebrate government infighting as attention is diverted away from allegations of bank wrongdoing and towards the level of involvement of Elizabeth Warren, a fierce consumer advocate and the principal original proponent of an agency solely dedicated to protecting borrowers from abusive lenders.

Warren is standing up the agency on an interim basis. It formally launches in July, at which point it will need a Senate-confirmed director in order to carry out its full authority. One of those areas will be how mortgage firms process home loans for distressed borrowers.

A spokeswoman for JPMorgan Chase declined to comment. Spokespeople for the other four banks were not immediately available for comment.

Read the presentation attached.

Beware of Court’s Clerks

%d bloggers like this: