Tag: report

It’s Time for People to Demand Information About Our Own Nuclear Disaster! We Cannot Allow a Cover-Up!

by nootkabear, posted in Alert, big brother, Censorship, cesium, contamination, Danger, Feds, manifest injustice, Nuclear Chemistry, nuked, Radiation, radiation poisoning, radiocesium, Raidoanalytical
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Top Official: “Really concerned” over radiation release at US nuclear site; Feds “have put a noose around scientific personnel”… they refuse to reveal crucial information about WIPP disaster — Investigators becoming suspicious — Nuclear Expert: “It sure seems like there’s a cover-up” (AUDIO)

 
Published: September 6th, 2014 at 5:16 pm ET
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The Santa Fe New Mexican, Sept 6, 2014: Flynn accuses feds of blocking WIPP probe — New Mexico’s top environmental regulator lashed out at the U.S. Department of Energy this week, accusing it of impeding the state’s investigation into [the WIPP] radiation leak… Secretary Ryan Flynn warned [about] Energy Department roadblocks that have protracted the probe… Increasingly in recent weeks, the federal Energy Department has thwarted attempts by the state… Flynn accused the Energy Department of muzzling scientists with crucial information about the waste…. [They] asked for documentation supporting the scientists’ observations [but] the Energy Department has repeatedly refused… his frustration with the Energy Department grew as its denials… became more frequent… The Energy Department’s refusal to provide information raised suspicions among Flynn’s investigators…

New Mexico Environment Department Secretary Ryan Flynn, Sept 6, 2014: “The problem is that Department of Energy headquarters back in Washington, D.C., is looking at this situation through a political or (public relations) lens, so they’ve put a noose around the scientific personnel who can answer our questions… there’s a willingness (by LANL personnel) to provide information [but] someone back at headquarters decides that no, they’re not going to provide that information to the state… it happens repeatedly, that’s when you start to get really concerned… they don’t provide certain information [or] make staff available… The more we investigate, the more we’re discovering at Los Alamos… the Department of Energy headquarters refuses to provide certain information.”

Greg Mello, Los Alamos Study Group, Sept 6, 2014: “[Not sharing this information] could be a danger signal for workers and the public. Mislabeling drums and withholding information can be criminal.”

The Santa Fe New Mexican, Sept 3, 2014: Review, relabeling of LANL waste raises questions about scope of problem… [Los Alamos National Laboratory’s] review of the incident has led to uncertainty over the volatility of hundreds of other drums… The lab notified state environment officials late last month that it was re-evaluating and relabeling as “ignitable” or “corrosive” the contents of 86 drums at LANL… The Department of Energy also is reviewing and relabeling more than 300… stored in WIPP’s underground… [This] raises questions about the scope of the problem that led to the leak at WIPP.

Chris Harris, former licensed Senior Reactor Operator & engineer, Aug 28, 2014 (at 22:15 in): “It sure seems like that there’s a combination of a cover-up, and a combination of slip-shot record keeping. Now there’s talk of whether they ditched those records after the fact or before the fact, but those records are nonexistent. One would expect really good records as to what is being stored, where it’s being stored, when it was put away, when it was stored, all that – every bit of information that one would expect to have in a nuclear storage facility and these are missing, there’s a lot of information.

Full interview with Harris here

 
Published: September 6th, 2014 at 5:16 pm ET
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Related Posts

  1. Officials: Leakage seen on “many” nuclear waste drums in WIPP underground — We think the seals have degraded — Public “should be concerned” about another explosion — 1,000s of radioactive drums now seen as too risky to move (VIDEO) June 13, 2014
  2. Expert: No one in world has ever dealt with something like WIPP disaster — Continuous release of radioactive material ’24/7′ to environment — Nobody knows when leaking will end — It’s a ‘major failure’ for so many people to be exposed — Gov’t yet to say if dump will open again (AUDIO) April 6, 2014
  3. Video: WIPP nuclear site may close for several years — Explosion in multiple drums suspected — “Very much a cause for concern” — Top official gives ‘fiery speech’ calling for public to be told what has happened — DOE refuses to name source of nuclear wasteMay 9, 2014
  4. WIPP Expert: Nuclear waste is getting out above ground — Plutonium / Americium found in “every single worker” on site when leak began — New Mexico officials ‘totally unsatisfied’ with lack of info from Feds — “We don’t know how far away it’s gone” — Continuing threat for long time to come (AUDIO) March 5, 2014
  5. Officials now admit over 500 barrels of nuclear waste at risk of bursting open — AP: 368 already at WIPP dump — “New Mexico sees ‘imminent’ danger” — State orders WIPP to prevent “health or environmental threat”; Must ‘permanently seal’ underground storage areas May 21, 2014

Harvey Wasserman “Diablo Must Go” On EcoWatch

by nootkabear, posted in Alert, Censorship, cesium, contamination, Disasters, fallout, Fukushima, Health, Injustice, Japan, manifest injustice, Nuclear Chemistry, nuked, Radiation, radiation poisoning, radiocesium, Raidoanalytical, Tsunami

Shut California’s Fukushima: Diablo Must Go

| September 6, 2014 12:02 pm | Comments
http://ecowatch.com/2014/09/06/california-fukushima-diablo-nuclear/2/
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hwassermanThe catastrophe at Fukushima was not an accident. It’s unfolding again in California.

The next west coast quake could easily shake the two reactors at Diablo Canyon to rubble.

They are riddled with defects, can’t withstand potential seismic shocks from five major nearby fault lines, violate state water quality laws and are vulnerable to tsunamis and fire.

Diablo’s owner, Pacific Gas & Electric (PG&E), is in deep legal and financial crisis.

diablonuclear
A 42-page report from NRC inspector Dr. Michael Peck says new fault line discoveries challenge Diablo’s “presumption of nuclear safety.”

The California Public Utilities Commission (CPUC) has just proposed that PG&E be fined $1.4 billion for a 2010 gas explosion and fire that killed eight people and obliterated a neighborhood in San Bruno. The federal government has announced 28 indictments, meaning the CPUC fine may just be the tip of a very expensive iceberg for PG&E. The San Bruno disaster was caused by pipeline defects about which PG&E had been warned for years, but failed to correct. The fines cover 3,798 separate violations of laws and regulations, both state and federal. PG&E was previously fined $38 million for a 2008 pipeline explosion in Rancho Cordova.

Similar defects remain uncorrected at Diablo Canyon, whose radioactive cloud could span the continental U.S. in four days. Mass citizen action recently shut two coastal reactors at San Onofre. It must do the same at Diablo before the next quake hits.

Ironically, as America’s Nuclear Regulatory Commission (NRC) allows Diablo to operate, all 54 reactors in Japan remain shut. Its Nuclear Regulatory Authority has just ordered the Tsuruga reactor to be scrapped because of its vulnerability to earthquakes. Two more elderly reactors at Mihama may also be terminated before year’s end.

At Fukushima, Tokyo Electric Power now admits that far more radiation is spewing into the Pacific than previously admitted. Thethyroid cancer death rate among children in the area is 40 times normal. So is the still-rising childhood thyroid abnormality rate, a terrifying re-run of downwind Chernobyl.

Tepco has begun paying compensation to local suicide victims, including the widower of a woman who doused herself with kerosene before burning herself alive.

All of it predictable.

For decades Japanese citizens warned Tepco not to build reactors in an earthquake/tsunami zone. The company repeatedly ignored safety warnings and tolerated known defects that worsened the disaster.

Diablo Canyon’s twin reactors sit eight miles west of San Luis Obispo, between Los Angeles and San Francisco, surrounded by earthquake faults.

The Hosgri, three miles offshore, was found as the reactors were being built. Design specifications were never fully altered to account for it. Nor have they been upgraded for the newly-found Los Osos, San Luis Bay and Shoreline faults.  The Shoreline lies just 650 yard from Diablo’s cores.

The massive San Andreas fault is just 45 miles away, about half as far as was the March 11, 2011, Richter-9.0 epicenter from Fukushima.

A shock that size from any of the fault lines near Diablo could reduce it to a seething pile of radioactive hell, far deadlier than Fukushima. Prevailing winds could blanket virtually all of North America with its deadly fallout.

The nuclear industry would immediately deny all health impacts. It would blame “unpredictable” God and nature.

But a 42-page report from NRC inspector Dr. Michael Peck says new fault line discoveries challenge Diablo’s “presumption of nuclear safety.”

Buried by the NRC for at least a year, it was released by Friends of the Earth and reported on by the Associated Press and the great enviro-journalist Karl Grossman, as well as by the Nuclear Information & Resource Service and Beyond Nuclear.

Peck has a doctorate in nuclear engineering and was Diablo’s chief on-site inspector for five years. He’s now a senior instructor at the NRC’s Technical Training Center in Tennessee. His status as a current NRC employee makes such a critical report highly unusual—and alarming.

Nuclear engineer Arnie Gundersen has warned about sea-level intake pipes like those at Diablo. When the tsunami struck Fukushima, he writes, “The cooling equipment along the shoreline was turned into a scrap yard of twisted metal.”

Then there is fire.

Diablo Canyon, writes David Lochbaum of the Union of Concerned Scientists, “has never, ever complied with fire safety regulations, not even for a second by mistake.”

“The one-two punch of earthquake/tsunami caused Fukushima,” Lochbaum wrote in an email to me.

“A one-two punch of earthquake/fire could cause Diablo Canyon.”

But, says Lochbaum, “It can’t be an accident. Not when the company and its alleged regulator both know that the plant does not met earthquake and fire safety regulations.

“That cannot cause an accident. Criminal negligence perhaps. At least malicious mayhem. But not an accident.”

More than 10,000 people were arrested trying to stop Diablo in the 1970s and ‘80s. During the delays they caused, PG&E found major errors in reading key blueprints involving some of Diablo’s most critical equipment.

Damage is still being tallied from California’s Aug. 25 Napa Valley quake. The 1994 Northridge quake killed 57 people, injured roughly 5,000. The Loma Prieta quake during the 1989 World Series killed 63 people, injured more than 3,700. The infamous 1906 San Francisco quake leveled the city and killed thousands.

New shocks at Diablo Canyon could dwarf all those numbers—and Fukushima’s.

Tens of millions of Americans would be irradiated.  Our continent’s eco-systems would be poisoned.  Our nation’s economy would be gutted.

But as at San Bruno, there would be no excuses.

Harvey Wasserman wrote SOLARTOPIA!  OUR GREEN-POWERED EARTH and editswww.nukefree.org.  He was arrested at Diablo Canyon in 1984, and is likely to be back soon. Listen to Wasserman’s recent radio discussion of Diablo with David Lochbaum and Rochelle Becker.

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

by nootkabear, posted in Alert, Attorneys, Banksters, Censorship, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, globalists, Health, Injustice, Japan, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, Radiation, Raidoanalytical, US Bank
 

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.

The Next Round of Tepco Lies? Are We Getting Massive Doses, That Nobody Is Going to Tell Us About? Again!

by nootkabear, posted in Alert, Censorship, cesium, contamination, Danger, fallout, Feds, Fukushima, globalists, Health, Injustice, Japan, manifest injustice, Nuclear Chemistry, nuked, Radiation, radiation poisoning, radiocesium, Raidoanalytical, Tsunami, Warning
 
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VIDEO: Wreckage crashes into nuclear fuel rods at Fukushima Unit 3 — Officials not reporting if damaged, but “will continue monitoring regularly” — Cooling in pool interrupted

 
Published: September 2nd, 2014 at 8:25 am ET
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TEPCO: The Console of the Fuel Handling Machine dropped during debris removal operation of Unit 3 Spent Fuel Pool, Sept 1, 2014 (emphasis added):

  • Accident situation: During debris removal operation from spent fuel pool, to rise the console of the fuel handling machine, the crane tried to grasp the console with its fork, but the console dropped around the middle of east side of the pool… It dropped between debris in the pool and curing material on the upper part of fuel rack… there were 2 fuels under dropped debris.
  • Time… 12:45p: Failed to grasp the console of fuel handling machine and dropped it; 2:37p: Resumed coolingthe spent fuel pool…
  • Confirmed situation and future schedule– After console dropped, parameters concerned were confirmed to be normal. (1) monitoring post : no significant change; (2) atmosphere dose of operation floor of reactor building: no significant change (3.2mSv/h); (3) water level of spent fuel pool : no significant change; (4) water level of skimmer surge tank : no significant change (confirmed after restart of cooling spent fuel pool); (5) dust monitor of operation floor of reactor building: below the detection limit (1.0×10-5Bq/cm3)
  • TEPCO will continue monitoring regularly ((1) to (4) above) until it is confirmed that the fuel rack etc. are not damaged.
  • Schedule – August 29: analyzing concentration of radioactive materials of spent fuel pool; August 30:Using underwater camera, TEPCO will confirm that fuel rack and two fuels are not damaged.

See also: Accident in Reactor 3 fuel pool at Fukushima — Large piece of wreckage falls nearby spent uranium rods — M5 quake hits plant soon after — Official: “Unable to say” whether any are damaged (PHOTOS & VIDEO)

Watch underwater video of the impact here

 
Published: September 2nd, 2014 at 8:25 am ET
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Related Posts

  1. Accident in Reactor 3 fuel pool at Fukushima — Large piece of wreckage falls nearby spent uranium rods — M5 quake hits plant soon after — Official: “Unable to say” whether any are damaged (PHOTOS & VIDEO) August 29, 2014
  2. UK Newspaper: Multiple sets of fuel rods at Unit 4 reportedly damaged AFTER disaster; Explosions to blame? — AP: “Assemblies and their handles may have been damaged when big pieces of debris fell” November 18, 2013
  3. Fukushima documents discuss “fuel that is severely damaged” inside cooling pool — Illustrations of “deformed or leaking fuels” (PHOTO) October 26, 2013
  4. Nuclear Industry Report: ‘Reduced stability’ of fuel pool in Fukushima Unit 4; Admits there’s damaged fuel inside? — Gundersen: Fuel racks moved and damaged; Fallen debris distorted tops (AUDIO) September 27, 2013
  5. Damaged Spent Fuel Pool No. 4 had 204 unused fuel rods inserted before quake + Scientists say another 9.0 megaquake may hit at year’s end = “Fukushima is still on the edge” October 29, 2011
September 2nd, 2014 | Category: Audio/Video Clips, Fukushima Daiichi, Japan (Fukushima)
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SHEEPLE AWAKEN!!!

by nootkabear, posted in Attorneys, Banksters, big brother, BLM, Bundy's Ranch, Censorship, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, Fukushima, globalists, Health, Japan, Judicial Corruption, Judicial Rulings, law, Legal, malitia, manifest injustice, nuked, Radiation, radiation poisoning, the web, Tsunami, US Bank

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

Posted on June 28, 2014 by nootkabear

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!

BIG BROTHER CONTINUES MOVING FORWARD ON THE PEOPLE

by nootkabear, posted in Attorneys, Banksters, big brother, Censorship, Court Cases, Courts, Disasters, Feds, globalists, Judicial Rulings, law, Legal, manifest injustice, the web

08APR2014: FBI: We need wiretap-ready Web sites – now

 
 http://thegovernmentrag.wordpress.com/2014/05/07/08apr2014-fbi-we-need-wiretap-ready-web-sites-now/
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 More backdoor surveillance…

(CNET) – CNET learns the FBI is quietly pushing its plan to force surveillance backdoors on social networks, VoIP, and Web e-mail providers, and that the bureau is asking Internet companies not to oppose a law making those backdoors mandatory.

The FBI is asking Internet companies not to oppose a controversial proposal that would require firms, including Microsoft, Facebook, Yahoo, and Google, to build in backdoors for government surveillance .

In meetings with industry representatives, the White House, and U.S. senators, senior FBI officials argue the dramatic shift in communication from the telephone system to the Internet has made it far more difficult for agents to wiretap Americans suspected of illegal activities, CNET has learned.

The FBI general counsel’s office has drafted a proposed law that the bureau claims is the best solution: requiring that social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail alter their code to ensure their products are wiretap-friendly.

“If you create a service, product, or app that allows a user to communicate, you get the privilege of adding that extra coding,” an industry representative who has reviewed the FBI’s draft legislation told CNET. The requirements apply only if a threshold of a certain number of users is exceeded, according to a second industry representative briefed on it.

The FBI’s proposal would amend a 1994 law, called the Communications Assistance for Law Enforcement Act, or CALEA, that currently applies only to telecommunications providers, not Web companies. The Federal Communications Commission extended CALEA in 2004 to apply to broadband networks.

by nootkabear, posted in big brother, Censorship, Disasters, Feds, Fukushima, globalists, Health, Japan, manifest injustice, nuked, Radiation, radiation poisoning, Tsunami
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Expert: No one in world has ever dealt with something like WIPP disaster — Continuous release of radioactive material ’24/7′ to environment — Nobody knows when leaking will end — It’s a ‘major failure’ for so many people to be exposed — Gov’t yet to say if dump will open again (AUDIO)

 
Published: April 6th, 2014 at 3:13 am ET 
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AP, Apr 4, 2014: Workers are prepared to encounter contamination [&] will try to figure out what caused [WIPP’s] mysterious leak [of radiation that] contaminated 21 workers […] [No one’s been] underground […] to find the source of the leak and determine if [the fire & radiation] are related.

Nuclear Hotseat #145, with host Libbe HaLevy, M.A., Apr. 1, 2014:

  • 5:15 in — Don Hancock, director of the Nuclear Waste Safety program and administrator at Southwest Research and Information Center: Data from what’s being captured […] and what comes out of the filters, is that there have been continuing releases 24/7 […] There still is contamination coming out of the underground […] Numbers move around, but there’s always some amount of radioactivity in the underground air and lesser amounts being vented to the environment. Why it happened, why it was released, how much was really released, how much contamination there is in the underground, how long the releases continue, whether there could be further releases given that we don’t know what the situation is […] All of those of things are unknowns.
  • 7:30 in — Hancock: It’s not credible to think that 21 workers breathed in contamination and the only place that there is contamination is on the workers. There clearly has to have been soil contamination. DOE’s own modeling is that there’s extensive soil contamination around the site. So there is a lot more soil sampling that needs to be done. […] This is one of the many things that we don’t know -– How much came out, and where it is now?
  • 8:30 in – Hancock: 40+ workers [still] waiting for results […] certainly is possible there will be more than 21 […] This is totally unacceptable […] There’s no reason that other workers should have come in and been contaminated, so it’s a major failure […] There was never supposed to be this radiation release at all for 10,000 years.
  • 11:45 in — Hancock: The DOE itself hasn’t said when, or if, WIPP will reopen. The fact is that we don’t know […] what caused the release, how to stop it, if underground can be decontaminated, how to decontaminate surface, how to deal with worker health problems — None of those are known […] There is no instance in the world where you have an underground salt mine significantly contaminated with radiation […] there is no experience in dealing with this situation. So we’re starting from square one. It will be difficult, if not impossible, and also very costly to cleanup the underground. Based on my 38 years in working with the Department of Energy, I find it virtually inconceivable — I hope they will decide if they can’t do total cleanup of the underground, I hope they will decide not to reopen it. […] We need independent analysis, independent medical people, and independent technical folks to look at what happened and why it happened and what kind of decontamination could be done, if any.

Full interview available for download here

Corrupt Attorneys Being Held Accountable, Finally!

by nootkabear, posted in Attorneys, Banksters, Court Cases, Courts, Disasters, Feds, Fraud Upon the Court, globalists, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

Courts

Judges Slam More and More Plaintiffs’ Attorneys for Corruption

By  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.

STORY: The Coming GM Ignition Litigation Storm: 4 Blunt Points

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.

STORY: BP Spill Payout Probe Finds Corruption and Lets Money Keep Flowing

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.”

STORY: The Case Against Class Actions, Kind Of

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.

C IS FOR CANCER FUKUSHIMA

by nootkabear, posted in Censorship, Disasters, Feds, Fukushima, globalists, Injustice, Japan, law, Legal, manifest injustice, nuked, radiation poisoning, the web, U

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

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Global Research, January 27, 2014
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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.”

SOURCE: Science 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.

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by Michel Chossudovsky

 

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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

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

by nootkabear, posted in Attorneys, Banksters, big brother, Court Cases, Courts, Disasters, Feds, foreclosure, Fraud Upon the Court, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, US Bank

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

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

by nootkabear, posted in Attorneys, Court Cases, Courts, foreclosure, Injustice, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

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?

by nootkabear, posted in Attorneys, big brother, Censorship, Court Cases, Courts, Disasters, foreclosure, Fraud Upon the Court, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice, the web

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!!!

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

by nootkabear, posted in Attorneys, big brother, Court Cases, Courts, foreclosure, Fraud Upon the Court, Injustice, Judges, Judicial Corruption, Judicial Rulings, Legal, manifest injustice, the web

(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.

U.S. Audit Cites OCC Lapses in Oversight of Foreclosure Process – Bloomberg

by nootkabear, posted in Attorneys, big brother, Court Cases, Courts, Disasters, foreclosure, Fraud Upon the Court, Injustice, Judges, Judicial Corruption, Judicial Rulings, law, Legal, manifest injustice

http://www.bloomberg.com/news/2012-06-01/u-s-audit-cites-occ-lapses-in-oversight-of-foreclosure-process.html

U.S. Audit Cites OCC Lapses in Oversight of Foreclosure Process

By Carter Dougherty – Jun 1, 2012 1:50 PM ET

The Office of the Comptroller of the Currency underestimated the risks in bank foreclosure practices from 2008 to 2010 and gave examiners a 13-year-old handbook that didn’t address how securitization affects loan documentation, a Treasury Department audit found.

Treasury’s inspector general’s office reviewed the OCC’s work in the years following the onset of the credit crisis. The period was later found to be rife with abusive foreclosure practices including use of fraudulent documentation by servicers. Five major banks, including JPMorgan Chase & Co. (JPM),Bank of America Corp. and Wells Fargo & Co. (WFC), settled claims from 49 states and the federal government for $25 billion on Feb. 9.

“During this time OCC did not consider foreclosure documentation and processing to be an area of significant risk and, as a result, did not focus examination resources on this function,” Jeffrey Dye, the inspector general’s director of banking audits, wrote in the May 31 report.

In missing what “turned out to be serious foreclosure issues,” the OCC relied too heavily on the banks’ own internal quality-control procedures, he said. The bank programs, in turn, focused on loss mitigation and compliance with investor guidelines, not foreclosure documentation, the report found.

The inspector general also faulted the OCC, the primary federal supervisor for national banks, for failing to update its handbook on mortgage banking examinations for 13 years. The guide didn’t address the effects of securitization or new mortgage products that were at the heart of the housing bust, the report concludes.

Comptroller Thomas Curry told the inspector general in a May 15 letter that the OCC manual will be updated, but stressed that the agency issued supplemental guidance to examiners in 2006 and 2007.

OCC spokesman Robert Garsson declined to comment on the Treasury report.

To contact the reporter on this story: Carter Dougherty in Washington at cdougherty6@bloomberg.net

To contact the editor responsible for this story: Maura Reynolds at mreynolds34@bloomberg.net

U.S. Audit Cites OCC Lapses in Oversight of Foreclosure Process – Bloomberg

Daily Report: Robin Hood lawyer fights foreclosures with a passion

by nootkabear, posted in Attorneys, Court Cases, Courts, foreclosure, Judicial Rulings, law, Legal

 

http://www.dailyreportonline.com/PubArticleFriendlyDRO.jsp?id=1202559725985

‘Robin Hood’ lawyer fights foreclosures with a passion

Katheryn Hayes Tucker

Daily Report

06-18-2012

For 34 years, Robert Thompson Jr. had been a business and labor lawyer — as was his father before him — defending corporations and financial institutions and even serving on several banks’ boards of directors.

But something happened to him two and half years ago that changed his entire practice. Now, he challenges banks and financial institutions in court, accusing them of wrongful foreclosure and outright fraud on behalf of individuals who are a step away from losing their homes.

The turning point for Thompson came at Christmas time, 2009. His mortgage servicer — with whom he had been embroiled in disputes over what he said were misapplied or lost checks, late fees for payments that had been made on time, unnecessary insurance costs and double billings for taxes — moved to foreclose on his home.

"I was a single father with three young children living with me in that house," the silver-haired Thompson said during an interview in his Buckhead Thompson Law Group office filled with books about the financial industry and the economic crisis. "It was very upsetting."

But, he added, "I was the wrong person to pick on about injunctions and bank law."

On Dec. 28, 2009, he went before Fulton County Superior Court Judge John Goger, asking for an order enjoining the mortgage company from proceeding with the foreclosure. The judge’s first question was, "How much do you owe?" Thompson recalled.

"I told him I didn’t owe anything, that my payments had all been made on time, and that in fact they owed me more than $50,000 in overpayments and mystery fees," Thompson recalled.

"Can you prove it?" the judge asked.

Thompson recalled he pointed the judge to canceled checks and FedEx receipts, and the judge granted Thompson’s injunction. Thompson filed a lawsuit against his loan servicer for mortgage fraud and abuse, wrongful foreclosure, unjust enrichment, breach of contract, conversion, misrepresentation, defamation, libel and deceit.

"People started talking about it," Thompson said. "I thought it was just me, but then people started calling saying they had the same problem and wanting to know if I could help them."

Now, Thompson is a man obsessed. And he said he’s had success halting foreclosures — but acknowledged securing such an injunction for a client is only the first step.

Thompson said he still has new clients coming to his office daily. Most don’t have the exact situation as his, where the payments were current but not applied to the account. The biggest percentage, he said, are struggling because of a loss of income and are seeking loan modifications to make payments more manageable, but were told by their mortgage holder they weren’t eligible either because they weren’t behind or far enough behind.

Thompson said being behind on mortgage payments isn’t a requirement of federally funded modification programs. But, on the assumption that it was, he said, his clients missed payments in hopes of qualifying for modifications, then found themselves in foreclosure with their lender refusing to accept more payments. Thompson calls that being "lured into default."

Out of hundreds of cases he’s reviewed in the past two and a half years, he said, there wasn’t a single one where he didn’t find fraud or at least errors in the records. So far, he said, he has not yet been able to say to a homeowner, "I can’t help you because the bank did everything right."

Bank representatives say it’s absurd to suggest banks want to foreclose if there are other options. They admit some paperwork mistakes happen but suggest it’s not right to make those a basis for loan forgiveness.

Meanwhile, Thompson is ordering up forensic audits — at a minimum of $1,000 each — to ferret out problems so that he can go to court to block foreclosures. A forensic auditing company analyzes the loan activity and tracks the transfers of deed and title as the loan has been sold by one financial company to another — and sometimes to several others.

Sometimes, Thompson said, he finds the foreclosing lender has already sold the note and collected the balance, and thus doesn’t have the legal right to foreclose. Often Thompson finds what he calls a "break in the chain of title" because the deed and the note have not been kept together in the transactions, which he said is illegal.

He can’t charge the homeowners the hourly rates he used to bill his corporate clients. Some can hardly pay anything. Occasionally, he said, he just offers free advice on how to fight a foreclosure pro se. Most of the time he negotiates a flat fee varying in amounts according to the work that needs to be done and the client’s ability to pay. "I have to make it affordable or they can’t do it," he said. "But I can’t do it for free."

He is especially busy the week before the first Tuesday of every month, when crowds gather on the courthouse steps for the auctioning of foreclosed homes. This month alone, he went to court for 25 injunctions to stop foreclosures.

Asked how many he won, he said, "All of them. But the injunction is only the first step."

The next step varies, but often includes lawsuits against the lenders or servicers who initiated the foreclosure.

Lender representatives said Thompson’s charges about banks’ motivations don’t make sense.

"Do you really think the lender wants that house back?" asked Mo Thrash, a lobbyist for the Mortgage Bankers Association of Georgia and McCalla Raymer, a law firm with offices in Georgia that represents lenders. "It is absolutely ridiculous to think the lender would want the home back."

Thrash said the conventional wisdom — that the best outcome for the lender is for the homeowner to make all their payments until the loan is paid in full — is still true, maybe more so now because of falling real estate prices and difficulty in selling homes. "I admit mistakes do happen, but I’d be willing to bet that the majority of these cases are a two-way street," he said. "It takes two to tango."

The majority of mortgage banks — 99 percent — are ethical and honest, Thrash added. To suggest otherwise, he said, is "absolutely crazy."

If the personal foreclosure experiences of Thompson and some of his clients are as they described them, "It was a mistake," said J.D. Crowe, senior vice president of Southeast Mortgage of Georgia Inc. and a member of the Mortgage Bankers Association of Georgia Board of Governors.

"If that’s the case, that’s why he won an injunction and will probably win his lawsuit. With the number of foreclosures in the last few years, there’s a lot of paper going back and forth," Crowe said.

But like Thrash, Crowe said it’s "ridiculous" to suggest that a lender would want to foreclose if there were an alternative. "Lenders want to work with borrowers. They don’t want to foreclose," he said.

Crowe also suggested that when homeowners win their foreclosure fights, they usually win on a technicality — a mistake in the paperwork or the separation of the deed and note in the selling of the loan by one financial institution to another. In such cases, if homeowners win damages or loan forgiveness, allowing them to walk away from their mortgage payments, said Crowe, "I think it is unconscionable."

Disbelief, said Thompson, is the biggest challenge he faces in fighting foreclosure fraud. "People who have never suffered through it cannot believe it. It challenges the fundamentals of everything you want to believe about the banks being honest and the government protecting you."

He cited the case of client LaVonda DeWitt, a patent lawyer whose income was reduced because her firm’s revenue dropped. In an interview, she said she contacted her mortgage company to discuss a loan modification so she could lower her payments.

"They said I wasn’t eligible because I still had a job," she said.

Then she was laid off. She called her lender again about the modification and was told she wasn’t eligible because didn’t have a job. She said she was also told she wasn’t eligible unless she was three months behind. She stopped making payments in December 2010. She also filed a complaint with the U.S. Treasury Department over being denied a loan modification. The lender responded with a document she had never seen saying she had been offered a modification and rejected it, but later admitted that claim was a mistake, according to DeWitt. She still wasn’t offered a modification. She received a foreclosure notice in March of this year.

She met with Thompson, who went to court with her to block the sale on the first Tuesday in April. She won the injunction but still wasn’t able to negotiate a loan modification. So, on Thompson’s advice, she filed a lawsuit in federal court.

DeWitt said Thompson reminds her of the fictional Atticus Finch, taking on jobs that other lawyers don’t want.

Another client of Thompson’s, Patricia Sibley, won an injunction a year ago, then filed a lawsuit against the lender for wrongful foreclosure. The suit is pending in the Northern District of Georgia. Sibley and her husband are still in their home — "because of Bob Thompson," she said.

As with DeWitt, Sibley’s suit is based on what Thompson calls "luring into default." When the recession hit and slashed revenue for her advertising company, Sibley said she had to close her business. She and her husband had paid down by half their $950,000 15-year mortgage on their north Atlanta home near the Chattahoochee River, and their payments were current, she said in an interview.

She contacted the lender to ask about changing the terms to lower the payments. Since they still had some income, they felt they could afford the loan if they could spread it back to 30 years. They were told they weren’t eligible for a modification because they weren’t behind. They skipped one payment and called again, but were told they were not far enough behind to be eligible, according to Sibley and the lawsuit. After the third missed payment, they received a foreclosure notice. They tried to talk to the lender’s customer service department many times and offered to pay the loan current and cover fees in return for restructuring, she said, but heard no response.

The house was advertised for foreclosure. The weekend before the first Tuesday in June 2011, cars were driving by the house and stopping to take pictures, Sibley said. It was an experience she said she wouldn’t wish on anyone.

A friend called and said she had a friend who knew someone who might be able to help — Thompson. The friend said, "I have somebody who’s like Robin Hood. He takes from the banks and gives to the poor."

"Not that we’re the poor," Sibley added. But, she said, "I never would have dreamed I’d be in this position."

Sibley’s case is unresolved, but Thompson was able to get an injunction to prevent foreclosure while it’s pending.

McCurdy & Candler, which has offices in Decatur and Atlanta, handled Sibley’s foreclosure for PNC Mortgage, as well as DeWitt’s foreclosure for Chase. Managing partner Sidney Gelernter said the firm couldn’t comment on any pending case or even discuss foreclosures generally. Sibley’s suit is being defended by Ballard Spahr. One of the lawyers working on the case in Atlanta, Christopher Willis, said the firm couldn’t comment on any matter involving any of its clients.

Sibley’s lawsuit is against National City Mortgage Company, National City Bank, PNC Mortgage, Bank of America and unidentified investors. Sibley said she tried repeatedly to find out the identity of the investors who now own the loan — in order to work out payment terms — but PNC, the servicer, wouldn’t tell her.

A spokeswoman for PNC said the company couldn’t comment on any lawsuit. "We do work with customers," said Amy Vargo, noting modification programs described on the PNC website.

In his own personal case, Thompson sued BAC Home Loans Servicing, which is a subsidiary of Bank of America, and Bank of New York Mellon, formerly known as Bank of New York, successor in interest to JP Morgan Chase Bank. Bank of America acquired Countrywide Mortgage Company, which was Thompson’s loan servicer. Thompson’s lawsuit names four companies that owned his note successively. Thompson’s case — which he has withdrawn for now — was defended by Monica Gilroy of Alpharetta’s Dickenson Gilroy, who said she couldn’t discuss it.

The foreclosing firm in Thompson’s case was Shuping, Morse & Ross, based in Riverdale. Neither the managing partner, Sheltan Andrew Shuping Jr., nor the lawyer who handled the foreclosure, Kevin Duda, could be reached for comment.

Thompson’s lawsuit — moved from Fulton Superior Court to federal district court in Atlanta — seeks damages for overpayments and unauthorized fees, harassment and injury to his credit and reputation, naming a figure of $5 million.

Thompson said he has stopped making mortgage payments, and BAC has stopped trying to foreclose. He moved to withdraw his complaint, while keeping the door open to refiling it later, and the judge agreed. He said he believes the courts are evolving in their understanding of foreclosure fraud, and he plans to reinitiate the suit at a time that will be advantageous. For now, he said, "It’s an armed truce."

Thompson’s case in federal court is Thompson v. BAC Home Loans, No. 1:10-CV-3205-TCB.

Sibley’s case in federal court is Sibley v. National City Mortgage Co., No. 1:12-cv-00305-SCJ-JFK.

Daily Report: Robin Hood lawyer fights foreclosures with a passion

February 2012 U.S. Foreclosure Market Report

by nootkabear, posted in foreclosure, Injustice, law, Legal, manifest injustice

http://www.realtytrac.com/content/foreclosure-market-report/february-2012-us-foreclosure-market-report-7069

Half of largest metro areas post annual increases in foreclosure activity
Ten of the nation’s 20 largest metro areas by population documented year-over-year increases in foreclosure activity in February, led by the Florida cities of Tampa (64 percent increase) and Miami (53 percent increase).

The 10 metro areas with increases were all on the East Coast or in the Midwest, while most of the metro areas with year-over-year decreases in foreclosure activity were in the West, led by Seattle (59 percent decrease) and Phoenix (43 percent decrease).

The metro areas with the highest foreclosure rates among the 20 largest were Riverside-San Bernardino in California (one in 166 housing units), Atlanta (one in 244), Phoenix (one in 259), Miami (one in 264) and Chicago (one in 302).

Nevada, California, Arizona post top state foreclosure rates
Foreclosure activity in Nevada reached a 58-month low in February, but the state still posted the nation’s highest state foreclosure rate for the 62nd straight month. One in every 278 Nevada housing units had a foreclosure filing during the month, more than twice the national average.

California posted the nation’s second highest state foreclosure rate in February although the state’s foreclosure activity hit a 51-month low. A total of 48,422 California properties had a foreclosure filing during the month, one in every 283 housing units.

Arizona foreclosure activity increased on a monthly basis for the second month in a row boosted by a 33 percent jump in scheduled foreclosure auctions. One in every 312 Arizona housing units had a foreclosure filing during the month, the nation’s third highest state foreclosure rate.

One in every 331 Georgia housing units had a foreclosure filing in February, the nation’s fourth highest state foreclosure rate, and one in every 341 Florida housing units had a foreclosure filing during the month, the nation’s fifth highest state foreclosure rate. Florida default notices increased on a year-over-year basis for the fourth straight month in February, and overall Florida foreclosure activity was up on an annual basis for the second straight month.

Other states with foreclosure rates ranking among the top 10 were Illinois (one in 398 housing units), Michigan (one in 433), South Carolina (one in 489), Ohio (one in 543) and Wisconsin (one in 596).

February 2012 U.S. Foreclosure Market Report

by nootkabear, posted in foreclosure, law, manifest injustice

http://www.realtytrac.com/content/foreclosure-market-report/february-2012-us-foreclosure-market-report-7069

Half of largest metro areas post annual increases in foreclosure activity
Ten of the nation’s 20 largest metro areas by population documented year-over-year increases in foreclosure activity in February, led by the Florida cities of Tampa (64 percent increase) and Miami (53 percent increase).

The 10 metro areas with increases were all on the East Coast or in the Midwest, while most of the metro areas with year-over-year decreases in foreclosure activity were in the West, led by Seattle (59 percent decrease) and Phoenix (43 percent decrease).

The metro areas with the highest foreclosure rates among the 20 largest were Riverside-San Bernardino in California (one in 166 housing units), Atlanta (one in 244), Phoenix (one in 259), Miami (one in 264) and Chicago (one in 302).

Nevada, California, Arizona post top state foreclosure rates
Foreclosure activity in Nevada reached a 58-month low in February, but the state still posted the nation’s highest state foreclosure rate for the 62nd straight month. One in every 278 Nevada housing units had a foreclosure filing during the month, more than twice the national average.

California posted the nation’s second highest state foreclosure rate in February although the state’s foreclosure activity hit a 51-month low. A total of 48,422 California properties had a foreclosure filing during the month, one in every 283 housing units.

Arizona foreclosure activity increased on a monthly basis for the second month in a row boosted by a 33 percent jump in scheduled foreclosure auctions. One in every 312 Arizona housing units had a foreclosure filing during the month, the nation’s third highest state foreclosure rate.

One in every 331 Georgia housing units had a foreclosure filing in February, the nation’s fourth highest state foreclosure rate, and one in every 341 Florida housing units had a foreclosure filing during the month, the nation’s fifth highest state foreclosure rate. Florida default notices increased on a year-over-year basis for the fourth straight month in February, and overall Florida foreclosure activity was up on an annual basis for the second straight month.

Other states with foreclosure rates ranking among the top 10 were Illinois (one in 398 housing units), Michigan (one in 433), South Carolina (one in 489), Ohio (one in 543) and Wisconsin (one in 596).

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