" RE: VERIFIED CRIMINAL COMPLAINT /AFFIDAVIT OF TRUTH WITH EVIDENCE, AGAINST JONATHAN LIPPMAN’S TRESPASS AS A NYS CHIEF ADMINISTRATIVE JUDGE AND HIS DOCUMENTED CRIMINAL REPITITIOUS, PATTERN AND PRACTICED LAWLESS USURPATIONS, USURPING POWER HE DOES NOT LEGITIMATELY POSSESS AND THE DISREGARD OF SUCH, EFFECTUATING THE BELOW JONATHAN LIPPMAN GLOBAL ODIOUS CRIMES AGAINST HUMANITY AND AGAINST EQUAL PROTECTIONS EMBEDDED IN GOD GIVEN AND CONSTITUTIONAL PUBLIC SAFETY RIGHTS: "
"" Dear Public Officials:
THIS Criminal Complaint Truth Affidavit is written pursuant to Almighty God
the Creator God given rights so all people can live free from public record
documented Jonathan Lippman, NYS Chief Administrative Judicial Trespasser
criminal, seditious, odious scourge, usurpations MANDATING, REQUIRING,
AUTHORIZING, his arrest, removal, and impeachment, accordingly.
Jonathan Lippman’s heinous crimes, criminal usurpations, legal fiction administration, persistent and willful insurrection and rebellion against the New York and the United States of America Constitutions effectuated a deadly Public Defraud requiring his arrest as his actions and the attachments attached hereto epitomize his high misdemeanors, felonies, malfeasance in office and are documented public atrocities with genocidal and deadly power and control
ramifications.
Above all, I am filing this Criminal Complaint Truth Affidavit against Jonathan Lippman with particularity to the fact that all persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.
These God given rights have been LAWLESSLY obstructed via lawless disregarded life
threatening usurpations inflicted on humankind near and far. These crimes are
documented in the above and below offices and documented in the public record
of the below mentioned law suit.
This Criminal Complaint Truth Affidavit is written with emphasis on TRUTHFUL DOCUMENTATION OF JONATHAN LIPPMAN’S verifiable crimes that defrauded and OVER THREW the United States system of government, for his power craze personal gain while trespassing as a judge in the law suit against him titled 1 NO. 1: LEONARD J. LEVENSON, ET AL. V. JONATHAN LIPPMAN,&C., ET AL.
This criminal complaint is written on behalf of the people of New York State, Africa, and the sacredness of the protections guaranteed by God, to live free from lawless Jonathan Lippman usurpations and public disturbances, that obstruct justice, terrorize countries and people, as well as kill under varied disguises cited in the multiple documentaries I have written that are filed in the NYC FBI office, Chief Justice Judith Kaye’s office, and The Department of Investigations under NYC Mayor Bloomberg’s office via Rose Hearn, Commissioner.
Additionally, I have attached evidence verifying the above Jonathan Lippman
criminal activities, premised off of lawless disregarded public disturbance
usurpations and his unregulated 2 billion dollar budget that facilitates such.
I have been terrorized, denied all aspects of equal protection of the law, targeted
for a disguised killing/wiped off this earth via lawless Jonathan Lippman
documented patterned and practiced criminal usurpations, consistent with his
patterns of lawless court administration, union interference, public education
usurpations. Usurpations that have wiped out over 13 million people are listed
under his name.
His lawless usurpations including his public record Appellate Division
documented lawless usurpation require arrest and additional charges for the
disregard and seditious/defraud appeal. ""
Full 162 page Document Click Here
Tuesday, March 16, 2010
Monday, March 15, 2010
Is Judith Kaye Independent or being used by Cuomo to hide Cuomo family secrets? Gov.David Paterson Probe - Judith Kay .. NO Way Independent.
""what Judith Kaye needs to hide and whom she needs to protect.
Andrew Cuomo's selection of Judith Kaye has been widely praised due to Ms. Kaye's alleged independence and integrity. In fact, Cuomo's selection of Kaye could possibly raise later ethical questions for Cuomo.
I, too, would appoint someone as an independent counsel who has an obvious and understandable indebtedness to Mario Cuomo for her own professional/judicial standing and social status if I needed to keep the Cuomos' long held knowledge of corruption in the OAG and Mario Cuomo's own protection of that corruption secret
One has to wonder if there could ever be any convictions in the Paterson matter when all any defense attorney would have to do is call either Mario or Andrew Cuomo as a witness and then easily destroy Mario and/or Andrew's own credibility? Is the OAG alleged investigation really being done in good faith?.
.... emails sent Ms. Kaye. As you read this first one, keep in mind recent polls showing Cuomo's own drop of 22% in favorability among blacks due to his involvement in the Paterson matter and then ponder what that drop would have been had Paterson remained a candidate for Governor and had the independence necessary to expose the scandals described below.""
Sent: Fri, March 12, 2010 2:07:37 AM
Subject: Cuomo's own secrets--Corruption in the OAG involving the NYSP
Ms. Kaye,
Andrew Cuomo's appointment of you as independent counsel to the OAG in the probe of David Paterson, the NYSP, and others does not entirely eliminate any conflict of interest/ appearance of impropriety on the part of Andrew Cuomo and the OAG. In fact, legitimate questions remain whether anyone connected with the OAG should even participate in your own alleged "independent" investigation.
Additionally, your own close relationship with the Cuomo family could give rise to appearances of impropriety on your part. The indebtedness you owe Mario Cuomo for your current professional standing/social status is both considerable and understandable.
Certainly, Andrew Cuomo had every reason to believe that I would contact you about NY's hidden political scandals once I learned about your appointment as independent counsel. These scandals involve the NYSP, corruption in the OAG under Robert Abrams, Mario Cuomo's protection of that corruption while Governor, and Andrew Cuomo's own refusal to follow the mandates of his current office. Other than Andrew Cuomo's appointment of Robert Abrams as special prosecutor, I doubt that he could have appointed anyone who could be perceived as more indebted to the Cuomo family than you. Perhaps that's why he chose you.
Enclosed in this email is the first of three emails I am sending you. This email and the two
emails that follow are lengthy so you may wish to print them out first. They were being circulated among select NY State Democrat Party officials and political operatives prior to Governor Paterson's recent decision not to seek a four-year term for governor. This circulation was designed to prevent Andrew Cuomo from entering the gubernatorial primary. Andrew Cuomo and his top deputies have already been sent the emails.
The three emails basically cover three separate areas --(1) NY's secret political scandals arising from the corruption in the OAG, (2) how the political arena was used to expose corruption in the OAG, and (3) how Andrew Cuomo's entry into the 2010 gubernatorial Democratic primary could have reopened old racial wounds because of his father's protection of former NYAG Robert Abrams during the Tawana Brawley matter. This third area/email also summarizes Andrew Cuomo's self-inflicted liabilities as a candidate for Governor and also quotes portions of certain relevant letters.
Since this third area/email was the most currently politically relevant, I am including it with this email. However, you may find the first email re: NY's hidden political scandals much more interesting since it details the political circumstances occurring at the the time Angel Diaz was found hanging in his jail cell and afterward. You, yourself, wrote the majority opinion affirming the right of a governor to supersede a district attorney in order to seek the death penalty. Perhaps you would have ruled differently if you had known of the enclosed.
Re: Andrew Cuomo:
Any attorney general in any state can hold his finger to the wind and determine what issues are important to voters and what issues will get him positive press coverage and high approval ratings. It would be hard to name one politically ambitious state attorney general who wouldn't go after child predators on the Internet, excessive bonuses paid to executives of bailed-out companies, and that old and dependable standby, Medicaid fraud.
An attorney general may even make a reputation as a reformer by prosecuting public corruption, concentrating efforts on abuses of pension funds while ignoring abuses of tort funds and operational funds.
Attorney generals also defend state employees and agencies when they are sued. It was the abuse of this constitutionally-mandated responsibility that first gave rise to NY's secret political scandals. Andrew Cuomo should not have spent a minute's time contemplating whether or not to recuse himself from investigating Governor Paterson and the NYSP. His recusal should have been immediate given his reasonable expectation that Paterson already knew about NY's hidden political scandals. Andrew Cuomo's defense that Paterson asked for the investigation is no legitimate excuse for going ahead with an investigation rife with all kinds of conflicts of interest on his part.
PS: As you read the enclosed, please keep in mind that the trial that exposed the corruption in the OAG involved an out-of-jurisdiction arrest by the NYSP who came to a private residence in the Town of Hamburg, NY to effect an illegal arrest meant for the personal benefit of the father of a NYSP trooper.
The Town of Hamburg police (who had jurisdiction) were never involved in the arrest and the NYSP never sought/received permission from the Hamburg Town Police to be involved. After being arrested in Hamburg by a NYSP trooper who was assigned to the Clarence NYSP barracks and who came from Clarence, NY to Hamburg at the behest of his father, the defendant was taken out of district to the NYSP barracks in Orchard Park, NY and was also arraigned out of district in Orchard Park.
The alleged arraignment took place in the back room of an Orchard Park magistrate with only the magistrate and a NYSP investigator present. The magistrate, knowing how much money the defendant had on her, set bail high enough so it couldn't be reached and signed commitment papers in that backroom before the defendant, having been denied a lawyer, appeared before him.
The defendant's first lawful arraignment was held in Hamburg, NY after being incarcerated at the Erie County Holding Center for two days. All criminal charges were later dismissed with a judicial apology from the Hamburg Court magistate.
The OAG had no qualms about defending the NYSP members, even committing felonies in its defense and the NYSP have a history of ignoring jurisdictional boundaries and doing favors for others--all with the blessing of Andrew Cuomo and his predecessors in the OAG..
Below is the email re: Andrew Cuomo's entry into the 2010 gubernatorial Democratic primary:.
--------------------------------------------------------------------------------------------------------------------------
One line in the Spin v Truth --Andrew Cuomo and the Myth of a Cuomo Dynasty section, page 5 of the 2nd email, requires further explanation:
"At the time of the (1992) Illinois primary, I had written to your father only once".
That one time couldn't be worse for establishing any future Cuomo Dynasty since this initial contact was during the racially charged and divisive Tawana Brawley matter.
Andrew Cuomo's entry into the primary for Governor could reopen old racial wounds and provide further racial polarization. Andrew Cuomo already has residual problems with some black voters due to his challenging Carl McCall in the 2002 NY State Democratic primary for governor. Now it's rumored he wants to challenge another prominent black for governor in the 2010 primary.
His racially insensitive and unapologetic "shuck and jive" comment during the last presidential primary campaign doesn't help either. His attempts to explain away his usage of this term was just more "jive talking" on his part.
What could prove to be especially damaging or even fatal to Andrew Cuomo's political ambitions is his father's own conduct during the Tawana Brawley matter since Governor Cuomo's conduct raises questions as to how far the apple falls from the tree--a legitimate concern for both black and white voters.
My first communication with Andrew's father occurred in late August 1988. At that time, Mario Cuomo received an extensive mailing sent certified mail from me criticizing his appointment of NYAG Robert Abrams as special prosecutor in the Tawana Brawley matter and the problems he faced with that appointment (due to what occurred during Rojicek v Cooley, Bell, and Buczkowski). At the time of Cuomo's receipt of the information, Brawley's black attorneys (Alton Maddox and C. Vernon Mason) were refusing to cooperate with Abrams and his Grand Jury and would not allow Tawana Brawley or her mother to testify before it. Among the myriad charges hurled at Abrams by Al Sharpton and the Brawley attorneys was the charge that white officials like Abrams automatically covered up crimes of white officials. They were demanding that Cuomo replace Abrams and appoint another special prosecutor instead.
What Mario Cuomo did not expect or need during the Tawana Brawley matter was to be informed of a federal civil rights trial involving truthful charges of sexual assault by a white NY State Police investigator. The trial of Rojicek V Cooley et. al., proved unequivocally that Abrams and his office not only covered up crimes by white officials but also committed crimes (felonies) in order to cover up.
In my August 27, 1988 letter to Mario Cuomo, I warned him "not to be lulled into a false sense of security by Abrams' disclaimer . . . that my case was not the only case lurching luridly in Abrams' background . . . and that he had a potential scandal in Abrams' administration".
On September 8, 1988 Cuomo's Director of Criminal Justice, John Poklemba would respond via letter to me:
"Governor Cuomo has asked that I acknowledge receipt of your letter of August 27, 1988, regarding your case. As you correctly noted in your letter, the Attorney General is a constitutionally elected officer and not subject to the direct control or supervision of the Governor. . . .Thank you for writing the Governor and sharing this matter with us."
John Poklemba was handling the Tawana Brawley matter for Governor Cuomo and had previously met with the Brawley forces who were demanding the removal of Abrams.
Mario Cuomo had a decision to make at that time--whether to act as a Governor or act as a politician. Instead of protecting his constituency of white, black and other racial origins, Cuomo protected his white Attorney General and the white lawyers involved in my trial.
He could have used Rojicek v Cooley, et al. to heal the racial divisions caused by the Brawley matter since my case came to his attention before the Brawley grand jury was disbanded (one month later) but he chose not to do so. He could have granted the Brawley request for another special prosecutor but he chose not to do so.
He could have gone public with Rojicek v Cooley, et al to reassure his constituents that he would not tolerate obstruction of justice by any attorney, black or white, but he chose not to do so. He could have appointed a special prosecutor to investigate corruption in Robert Abrams' office but he chose not to do so.
Instead, Governor Cuomo, too "tawana'd out" by the Brawley matter, entered into a conspiracy of silence with his white Attorney General not caring whether his constituents and others who use the courts in NY had fair trials when they were adversaries of Robert Abrams and his office. Both Cuomo and Abrams turned a deaf ear and a blind eye to already proved accusations against white attorneys.
Abrams, with Cuomo's apparent blessing, then proceeded to go after Brawley's black attorneys with a vengeance for violations of the professional conduct code for lawyers--violations that were far less egregious than the violations (both civil rights violations and violations of criminal statutes) committed by the white attorneys involved in Rojicek v Cooley, et al. Alton Maddox has had his law license suspended for over twenty years (a record) for refusing to appear before the Grievance Committee to answer questions related to his representation of Tawana Brawley. Mason was disbarred for refusing to answer questions regarding the Brawley matter and other alleged unrelated acts of professional misconduct.
Because of the disparate treatment given black and white attorneys by Cuomo and Abrams, voters can reasonably view both Cuomo and Abrams as racists. The ability to paint Cuomo and Abrams as racists is not only possible but even justified given today's racially sensitive political environment when even words such as "Negro dialect" leads to charges of racism when used innocently by an older white politician who grew up in an era where the word Negro was acceptable (and still is).
NY voters, whether logical or not, could legitimately view Andrew Cuomo's desire to defeat prominent black candidates and his prior usage of a racially insensitive term as proof of racial animus learned from his father, answering for themselves just how far the apple falls from the tree.
Parenthetically, NY voters could simply vote Andrew Cuomo out of any office if they learn what hypocrites and frauds the two Cuomos really are.
Relative to Paterson v Cuomo, it remains to be seen whether or not a black man, in a reversal of history, finally keeps a white boy in his place.
While I would love to see such a public reversal of history, I doubt Paterson will risk political suicide by going public re: Andrew Cuomo and the Cuomo legacy--not when he or his operatives can work quietly behind the scenes to keep Cuomo out. A quid pro quo arrangement such as a later lucrative appointment by a then Governor Andrew Cuomo could also be promised to both entice Paterson to drop out of the primary or as a reward for remaining silent about NY's hidden political scandals.
Paterson, as do others, also has the option of using black activists or others to destroy any Cuomo dynasty.
In the event Andrew Cuomo doesn't enter the primary, I would expect a statement from him similar to the one given by his father when he was forced to remove his name from consideration as a US Supreme Court Justice nominee, i.e. he loves being the peoples' lawyer, he's not finished with important NYAG business, ad nauseum.
Reporters attending any press conference where Cuomo announces his decision not to enter the primary race for governor could then take out their pens and stenographer pads and record Andrew Cuomo's spin for not entering the primary as fact. A few polite, perfunctory, and irrelevant questions may even be asked.
The only question reporters should ask is "Is there anything in your background or father's background that prevents you from entering a gubernatorial primary when a majority of state and national Democrats want you and polling numbers show you easily beating both Paterson and Lazio?"
With that question, reporters would actually witness a white boy "shucking and jiving" his way through a press conference--even if that press conference were being held in an Iowa or New Hampshire living room.
Cuomo's not entering or dropping out of the gubernatorial primary does present a problem for him with the state and national Democrat Party and President Obama since he, rather than Paterson, is viewed as the party's savior and not the liability he really is.
Politician and savior are incongruent occupations.
According to a newspaper article, Tawawa Brawley's mother and stepfather allegedly wrote letters to then Governor Spitzer and NYAG Andrew Cuomo asking that the Brawley matter be reopened. Irrespective of whether the Brawley matter was a hoax or not, Andrew Cuomo will never reopen up the matter since doing so could possibly result in damage to both his political career/ambitions as well as damage to his father's reputation/legacy.
Personally, I think Andrew Cuomo should view me as more of a threat than anyone connected to the Brawley matter. In a letter dated August 26, 1988 sent certified mail to Abrams (included in Cuomo's mailing), I wrote: "You may or may not be successful in denying me my lawful right to justice by riding on the coattails of the Brawley case. We both know, however, there will be other coattails to ride".
Never did I expect that same coattail would be available to ride years and years later.
Andrew Cuomo's rumored entry into the gubernatorial primary is one more coattail to ride.
I have no dog in the Democratic primary fight for governor unless Andrew Cuomo enters the ring. My dog remains in the NY Attorney General's office and is only let out on occasion to ride on coattails.
If I had been able to find one NYAG among the last five (Abrams, Koppel, Vacco, Spitzer, and Cuomo) who believes that fair courtroom trials are the cornerstone of a democracy, my dog could be laying contentedly in Illinois at my feet while my sister and I leisurely search the Internet for names of the last five Illinois Attorneys General. We can only recall the names of the last two.
Andrew Cuomo, despite numerous opportunities, has refused to send my dog home and I miss her.
Hopefully, NY voters won't miss the the character flaws (in addition to racial animus) demonstrated by Andrew Cuomo that prove that Andrew Cuomo is not fit to be NYAG let alone Governor of New York. To wit:
When Mario Cuomo delivered his 1984 keynote address at the National Democratic Convention, he spoke eloquently of a nation divided into two cities, one for the rich, powerful, and politically protected and one for the poor, powerless, and politically unprotected. When it came to a true test of his rhetoric, though, Governor Cuomo chose to live in the city of the rich, powerful, and politically protected.and left a powerless. but more principled victim who occupies the other city, to fight alone.
Andrew Cuomo has always resided in the same city as his father. Despite his rhetoric and public relations makeover, he is still the same Andrew Cuomo. Like his father, he also left a powerless, but more principled victim who occupies the other city, to fight alone.
While I don't know either Cuomo personally, both have been described by others who know them as petty, vindictive, mean-spirited, egotistical individuals who never let go of grudges. Such negative personality traits, combined with arrogance, leads to bad executive decisions, including ignoring the number one rule of politics: When a problem first comes to your attention, deal with it.
Andrew Cuomo received the same two lengthy emails you have received certified mail. Additionally, similar emails have been emailed to his executive secretary (Holly Levy) numerous times as well as to Mario Cuomo and Robert Abrams at their respective private law firms and top deputies of Andrew Cuomo in the OAG.
I have never been able to determine Andrew Cuomo's own OAG email address. According to Holly, Andrew Cuomo can't figure out how to print emails so all emails have to go to her for printing and delivery (although Cuomo brags about his hobby of tinkering with and fixing engines of classic automobiles).
Andrew Cuomo's liabilities are self-inflicted.
As NYAG, he allowed his arrogance to interfere with whatever intellect he has. As NYAG, Andrew Cuomo has refused to follow the law and the mandates of his office. As a government attorney paid with tax dollars, his first duty is to seek and insure justice regardless of whether an injustice occurred in either a civil case or criminal case and regardless of when that injustice occurred. This heightened obligation is due to the recognition that government can and often does abuse its power.
A victim who for years has stood on principle and who has refused to be the first one to motion a Court for redress does not negate any NYAG's responsibilities.
Evidently, game playing is another hobby of Andrew Cuomo's. He's not paid by taxpayers to play a waiting game. Any motion by Cuomo would have only required a simple, short statement requesting the District Court in Buffalo to set aside the judgment in Rojicek v Cooley, et al due to Fraud Upon the Court and in the interest of justice--a motion that would have automatically been granted. Rather than admitting to fraud and criminal acts that included bribery, he could have taken an even more ambiguous route, simply claiming that lawyer over-zealousness has resulted in an unreliable judgment.
I am persona non grata in Buffalo where federal magistrates laugh with lawyers over kitchen sinks and US attorneys slander and maliciously prosecute US citizens engaged in lawful protest--protest designed to protect the public, to expose corruption in the District Court and the NY Attorney General's Office, and to send a message to other victims that going to the US Attorney's office is a complete waste of time.
Furthermore, as Andrew Cuomo is well aware, I have been adamant about the OAG motioning for a new trial and not me and I have no intention of ever changing my position about this since it was the OAG that colluded with my attorney, committed the criminal acts, and paid the bribes. How much more clear could I be?
Both Mario Cuomo and I knew that in public corruption cases one always follows the money. Following the money in NY would lead to the comptroller's office--a fact acknowledged by Andrew Cuomo, himself, when he obtained a guilty plea from Ray Harding, former head of the NY Liberal Party, in October 2009.
Furthermore, Andrew Cuomo has not demonstrated loyalty to the NYS Democrat Party and his lack of loyalty should not be rewarded by the party. The true story of NY State's secret political scandals would have disappeared with settlement that included the mandatory disclaimer of any wrong doing and the obligatory agreement of confidentiality.
The NYS Democrat Party can thank Andrew Cuomo for keeping the story of NY's secret political scandals alive and in the political arena.
Politicians must laugh at the white NY establishment press. New York's version of Watergate was written by two sisters from Illinois, neither of whom have press credentials. We are capable of writing additional chapters with or without the help of NY's black press.
Perhaps Andrew Cuomo should consider breaking the sad news to his paramour, Sandra Lee, that she won't be bringing any of her great garnishes to the Governor's Mansion next year and for the three years following (unless,of course, she's visiting Governor Paterson).
On a more somber note, it should be noted that one of Mario Cuomo's daughters (Andrew Cuomo's sister) was allegedly sexually assaulted by a rapist who has never been caught. Both have dishonored her and other victims of sexual assault by their willingness to add years and years of continued victimization directed towards another sexual assault victim.
How proud she must be of her father and her brother. ""
Sent in by Reader..
Posted here by
Crystal@CrystalCox.com
Investigative Blogger
Don't Forget that Proskauer Rose Law Firm is VERY Connected to Ex-Judge Judith Kaye.
Andrew Cuomo's selection of Judith Kaye has been widely praised due to Ms. Kaye's alleged independence and integrity. In fact, Cuomo's selection of Kaye could possibly raise later ethical questions for Cuomo.
I, too, would appoint someone as an independent counsel who has an obvious and understandable indebtedness to Mario Cuomo for her own professional/judicial standing and social status if I needed to keep the Cuomos' long held knowledge of corruption in the OAG and Mario Cuomo's own protection of that corruption secret
One has to wonder if there could ever be any convictions in the Paterson matter when all any defense attorney would have to do is call either Mario or Andrew Cuomo as a witness and then easily destroy Mario and/or Andrew's own credibility? Is the OAG alleged investigation really being done in good faith?.
.... emails sent Ms. Kaye. As you read this first one, keep in mind recent polls showing Cuomo's own drop of 22% in favorability among blacks due to his involvement in the Paterson matter and then ponder what that drop would have been had Paterson remained a candidate for Governor and had the independence necessary to expose the scandals described below.""
Sent: Fri, March 12, 2010 2:07:37 AM
Subject: Cuomo's own secrets--Corruption in the OAG involving the NYSP
Ms. Kaye,
Andrew Cuomo's appointment of you as independent counsel to the OAG in the probe of David Paterson, the NYSP, and others does not entirely eliminate any conflict of interest/ appearance of impropriety on the part of Andrew Cuomo and the OAG. In fact, legitimate questions remain whether anyone connected with the OAG should even participate in your own alleged "independent" investigation.
Additionally, your own close relationship with the Cuomo family could give rise to appearances of impropriety on your part. The indebtedness you owe Mario Cuomo for your current professional standing/social status is both considerable and understandable.
Certainly, Andrew Cuomo had every reason to believe that I would contact you about NY's hidden political scandals once I learned about your appointment as independent counsel. These scandals involve the NYSP, corruption in the OAG under Robert Abrams, Mario Cuomo's protection of that corruption while Governor, and Andrew Cuomo's own refusal to follow the mandates of his current office. Other than Andrew Cuomo's appointment of Robert Abrams as special prosecutor, I doubt that he could have appointed anyone who could be perceived as more indebted to the Cuomo family than you. Perhaps that's why he chose you.
Enclosed in this email is the first of three emails I am sending you. This email and the two
emails that follow are lengthy so you may wish to print them out first. They were being circulated among select NY State Democrat Party officials and political operatives prior to Governor Paterson's recent decision not to seek a four-year term for governor. This circulation was designed to prevent Andrew Cuomo from entering the gubernatorial primary. Andrew Cuomo and his top deputies have already been sent the emails.
The three emails basically cover three separate areas --(1) NY's secret political scandals arising from the corruption in the OAG, (2) how the political arena was used to expose corruption in the OAG, and (3) how Andrew Cuomo's entry into the 2010 gubernatorial Democratic primary could have reopened old racial wounds because of his father's protection of former NYAG Robert Abrams during the Tawana Brawley matter. This third area/email also summarizes Andrew Cuomo's self-inflicted liabilities as a candidate for Governor and also quotes portions of certain relevant letters.
Since this third area/email was the most currently politically relevant, I am including it with this email. However, you may find the first email re: NY's hidden political scandals much more interesting since it details the political circumstances occurring at the the time Angel Diaz was found hanging in his jail cell and afterward. You, yourself, wrote the majority opinion affirming the right of a governor to supersede a district attorney in order to seek the death penalty. Perhaps you would have ruled differently if you had known of the enclosed.
Re: Andrew Cuomo:
Any attorney general in any state can hold his finger to the wind and determine what issues are important to voters and what issues will get him positive press coverage and high approval ratings. It would be hard to name one politically ambitious state attorney general who wouldn't go after child predators on the Internet, excessive bonuses paid to executives of bailed-out companies, and that old and dependable standby, Medicaid fraud.
An attorney general may even make a reputation as a reformer by prosecuting public corruption, concentrating efforts on abuses of pension funds while ignoring abuses of tort funds and operational funds.
Attorney generals also defend state employees and agencies when they are sued. It was the abuse of this constitutionally-mandated responsibility that first gave rise to NY's secret political scandals. Andrew Cuomo should not have spent a minute's time contemplating whether or not to recuse himself from investigating Governor Paterson and the NYSP. His recusal should have been immediate given his reasonable expectation that Paterson already knew about NY's hidden political scandals. Andrew Cuomo's defense that Paterson asked for the investigation is no legitimate excuse for going ahead with an investigation rife with all kinds of conflicts of interest on his part.
PS: As you read the enclosed, please keep in mind that the trial that exposed the corruption in the OAG involved an out-of-jurisdiction arrest by the NYSP who came to a private residence in the Town of Hamburg, NY to effect an illegal arrest meant for the personal benefit of the father of a NYSP trooper.
The Town of Hamburg police (who had jurisdiction) were never involved in the arrest and the NYSP never sought/received permission from the Hamburg Town Police to be involved. After being arrested in Hamburg by a NYSP trooper who was assigned to the Clarence NYSP barracks and who came from Clarence, NY to Hamburg at the behest of his father, the defendant was taken out of district to the NYSP barracks in Orchard Park, NY and was also arraigned out of district in Orchard Park.
The alleged arraignment took place in the back room of an Orchard Park magistrate with only the magistrate and a NYSP investigator present. The magistrate, knowing how much money the defendant had on her, set bail high enough so it couldn't be reached and signed commitment papers in that backroom before the defendant, having been denied a lawyer, appeared before him.
The defendant's first lawful arraignment was held in Hamburg, NY after being incarcerated at the Erie County Holding Center for two days. All criminal charges were later dismissed with a judicial apology from the Hamburg Court magistate.
The OAG had no qualms about defending the NYSP members, even committing felonies in its defense and the NYSP have a history of ignoring jurisdictional boundaries and doing favors for others--all with the blessing of Andrew Cuomo and his predecessors in the OAG..
Below is the email re: Andrew Cuomo's entry into the 2010 gubernatorial Democratic primary:.
--------------------------------------------------------------------------------------------------------------------------
One line in the Spin v Truth --Andrew Cuomo and the Myth of a Cuomo Dynasty section, page 5 of the 2nd email, requires further explanation:
"At the time of the (1992) Illinois primary, I had written to your father only once".
That one time couldn't be worse for establishing any future Cuomo Dynasty since this initial contact was during the racially charged and divisive Tawana Brawley matter.
Andrew Cuomo's entry into the primary for Governor could reopen old racial wounds and provide further racial polarization. Andrew Cuomo already has residual problems with some black voters due to his challenging Carl McCall in the 2002 NY State Democratic primary for governor. Now it's rumored he wants to challenge another prominent black for governor in the 2010 primary.
His racially insensitive and unapologetic "shuck and jive" comment during the last presidential primary campaign doesn't help either. His attempts to explain away his usage of this term was just more "jive talking" on his part.
What could prove to be especially damaging or even fatal to Andrew Cuomo's political ambitions is his father's own conduct during the Tawana Brawley matter since Governor Cuomo's conduct raises questions as to how far the apple falls from the tree--a legitimate concern for both black and white voters.
My first communication with Andrew's father occurred in late August 1988. At that time, Mario Cuomo received an extensive mailing sent certified mail from me criticizing his appointment of NYAG Robert Abrams as special prosecutor in the Tawana Brawley matter and the problems he faced with that appointment (due to what occurred during Rojicek v Cooley, Bell, and Buczkowski). At the time of Cuomo's receipt of the information, Brawley's black attorneys (Alton Maddox and C. Vernon Mason) were refusing to cooperate with Abrams and his Grand Jury and would not allow Tawana Brawley or her mother to testify before it. Among the myriad charges hurled at Abrams by Al Sharpton and the Brawley attorneys was the charge that white officials like Abrams automatically covered up crimes of white officials. They were demanding that Cuomo replace Abrams and appoint another special prosecutor instead.
What Mario Cuomo did not expect or need during the Tawana Brawley matter was to be informed of a federal civil rights trial involving truthful charges of sexual assault by a white NY State Police investigator. The trial of Rojicek V Cooley et. al., proved unequivocally that Abrams and his office not only covered up crimes by white officials but also committed crimes (felonies) in order to cover up.
In my August 27, 1988 letter to Mario Cuomo, I warned him "not to be lulled into a false sense of security by Abrams' disclaimer . . . that my case was not the only case lurching luridly in Abrams' background . . . and that he had a potential scandal in Abrams' administration".
On September 8, 1988 Cuomo's Director of Criminal Justice, John Poklemba would respond via letter to me:
"Governor Cuomo has asked that I acknowledge receipt of your letter of August 27, 1988, regarding your case. As you correctly noted in your letter, the Attorney General is a constitutionally elected officer and not subject to the direct control or supervision of the Governor. . . .Thank you for writing the Governor and sharing this matter with us."
John Poklemba was handling the Tawana Brawley matter for Governor Cuomo and had previously met with the Brawley forces who were demanding the removal of Abrams.
Mario Cuomo had a decision to make at that time--whether to act as a Governor or act as a politician. Instead of protecting his constituency of white, black and other racial origins, Cuomo protected his white Attorney General and the white lawyers involved in my trial.
He could have used Rojicek v Cooley, et al. to heal the racial divisions caused by the Brawley matter since my case came to his attention before the Brawley grand jury was disbanded (one month later) but he chose not to do so. He could have granted the Brawley request for another special prosecutor but he chose not to do so.
He could have gone public with Rojicek v Cooley, et al to reassure his constituents that he would not tolerate obstruction of justice by any attorney, black or white, but he chose not to do so. He could have appointed a special prosecutor to investigate corruption in Robert Abrams' office but he chose not to do so.
Instead, Governor Cuomo, too "tawana'd out" by the Brawley matter, entered into a conspiracy of silence with his white Attorney General not caring whether his constituents and others who use the courts in NY had fair trials when they were adversaries of Robert Abrams and his office. Both Cuomo and Abrams turned a deaf ear and a blind eye to already proved accusations against white attorneys.
Abrams, with Cuomo's apparent blessing, then proceeded to go after Brawley's black attorneys with a vengeance for violations of the professional conduct code for lawyers--violations that were far less egregious than the violations (both civil rights violations and violations of criminal statutes) committed by the white attorneys involved in Rojicek v Cooley, et al. Alton Maddox has had his law license suspended for over twenty years (a record) for refusing to appear before the Grievance Committee to answer questions related to his representation of Tawana Brawley. Mason was disbarred for refusing to answer questions regarding the Brawley matter and other alleged unrelated acts of professional misconduct.
Because of the disparate treatment given black and white attorneys by Cuomo and Abrams, voters can reasonably view both Cuomo and Abrams as racists. The ability to paint Cuomo and Abrams as racists is not only possible but even justified given today's racially sensitive political environment when even words such as "Negro dialect" leads to charges of racism when used innocently by an older white politician who grew up in an era where the word Negro was acceptable (and still is).
NY voters, whether logical or not, could legitimately view Andrew Cuomo's desire to defeat prominent black candidates and his prior usage of a racially insensitive term as proof of racial animus learned from his father, answering for themselves just how far the apple falls from the tree.
Parenthetically, NY voters could simply vote Andrew Cuomo out of any office if they learn what hypocrites and frauds the two Cuomos really are.
Relative to Paterson v Cuomo, it remains to be seen whether or not a black man, in a reversal of history, finally keeps a white boy in his place.
While I would love to see such a public reversal of history, I doubt Paterson will risk political suicide by going public re: Andrew Cuomo and the Cuomo legacy--not when he or his operatives can work quietly behind the scenes to keep Cuomo out. A quid pro quo arrangement such as a later lucrative appointment by a then Governor Andrew Cuomo could also be promised to both entice Paterson to drop out of the primary or as a reward for remaining silent about NY's hidden political scandals.
Paterson, as do others, also has the option of using black activists or others to destroy any Cuomo dynasty.
In the event Andrew Cuomo doesn't enter the primary, I would expect a statement from him similar to the one given by his father when he was forced to remove his name from consideration as a US Supreme Court Justice nominee, i.e. he loves being the peoples' lawyer, he's not finished with important NYAG business, ad nauseum.
Reporters attending any press conference where Cuomo announces his decision not to enter the primary race for governor could then take out their pens and stenographer pads and record Andrew Cuomo's spin for not entering the primary as fact. A few polite, perfunctory, and irrelevant questions may even be asked.
The only question reporters should ask is "Is there anything in your background or father's background that prevents you from entering a gubernatorial primary when a majority of state and national Democrats want you and polling numbers show you easily beating both Paterson and Lazio?"
With that question, reporters would actually witness a white boy "shucking and jiving" his way through a press conference--even if that press conference were being held in an Iowa or New Hampshire living room.
Cuomo's not entering or dropping out of the gubernatorial primary does present a problem for him with the state and national Democrat Party and President Obama since he, rather than Paterson, is viewed as the party's savior and not the liability he really is.
Politician and savior are incongruent occupations.
According to a newspaper article, Tawawa Brawley's mother and stepfather allegedly wrote letters to then Governor Spitzer and NYAG Andrew Cuomo asking that the Brawley matter be reopened. Irrespective of whether the Brawley matter was a hoax or not, Andrew Cuomo will never reopen up the matter since doing so could possibly result in damage to both his political career/ambitions as well as damage to his father's reputation/legacy.
Personally, I think Andrew Cuomo should view me as more of a threat than anyone connected to the Brawley matter. In a letter dated August 26, 1988 sent certified mail to Abrams (included in Cuomo's mailing), I wrote: "You may or may not be successful in denying me my lawful right to justice by riding on the coattails of the Brawley case. We both know, however, there will be other coattails to ride".
Never did I expect that same coattail would be available to ride years and years later.
Andrew Cuomo's rumored entry into the gubernatorial primary is one more coattail to ride.
I have no dog in the Democratic primary fight for governor unless Andrew Cuomo enters the ring. My dog remains in the NY Attorney General's office and is only let out on occasion to ride on coattails.
If I had been able to find one NYAG among the last five (Abrams, Koppel, Vacco, Spitzer, and Cuomo) who believes that fair courtroom trials are the cornerstone of a democracy, my dog could be laying contentedly in Illinois at my feet while my sister and I leisurely search the Internet for names of the last five Illinois Attorneys General. We can only recall the names of the last two.
Andrew Cuomo, despite numerous opportunities, has refused to send my dog home and I miss her.
Hopefully, NY voters won't miss the the character flaws (in addition to racial animus) demonstrated by Andrew Cuomo that prove that Andrew Cuomo is not fit to be NYAG let alone Governor of New York. To wit:
When Mario Cuomo delivered his 1984 keynote address at the National Democratic Convention, he spoke eloquently of a nation divided into two cities, one for the rich, powerful, and politically protected and one for the poor, powerless, and politically unprotected. When it came to a true test of his rhetoric, though, Governor Cuomo chose to live in the city of the rich, powerful, and politically protected.and left a powerless. but more principled victim who occupies the other city, to fight alone.
Andrew Cuomo has always resided in the same city as his father. Despite his rhetoric and public relations makeover, he is still the same Andrew Cuomo. Like his father, he also left a powerless, but more principled victim who occupies the other city, to fight alone.
While I don't know either Cuomo personally, both have been described by others who know them as petty, vindictive, mean-spirited, egotistical individuals who never let go of grudges. Such negative personality traits, combined with arrogance, leads to bad executive decisions, including ignoring the number one rule of politics: When a problem first comes to your attention, deal with it.
Andrew Cuomo received the same two lengthy emails you have received certified mail. Additionally, similar emails have been emailed to his executive secretary (Holly Levy) numerous times as well as to Mario Cuomo and Robert Abrams at their respective private law firms and top deputies of Andrew Cuomo in the OAG.
I have never been able to determine Andrew Cuomo's own OAG email address. According to Holly, Andrew Cuomo can't figure out how to print emails so all emails have to go to her for printing and delivery (although Cuomo brags about his hobby of tinkering with and fixing engines of classic automobiles).
Andrew Cuomo's liabilities are self-inflicted.
As NYAG, he allowed his arrogance to interfere with whatever intellect he has. As NYAG, Andrew Cuomo has refused to follow the law and the mandates of his office. As a government attorney paid with tax dollars, his first duty is to seek and insure justice regardless of whether an injustice occurred in either a civil case or criminal case and regardless of when that injustice occurred. This heightened obligation is due to the recognition that government can and often does abuse its power.
A victim who for years has stood on principle and who has refused to be the first one to motion a Court for redress does not negate any NYAG's responsibilities.
Evidently, game playing is another hobby of Andrew Cuomo's. He's not paid by taxpayers to play a waiting game. Any motion by Cuomo would have only required a simple, short statement requesting the District Court in Buffalo to set aside the judgment in Rojicek v Cooley, et al due to Fraud Upon the Court and in the interest of justice--a motion that would have automatically been granted. Rather than admitting to fraud and criminal acts that included bribery, he could have taken an even more ambiguous route, simply claiming that lawyer over-zealousness has resulted in an unreliable judgment.
I am persona non grata in Buffalo where federal magistrates laugh with lawyers over kitchen sinks and US attorneys slander and maliciously prosecute US citizens engaged in lawful protest--protest designed to protect the public, to expose corruption in the District Court and the NY Attorney General's Office, and to send a message to other victims that going to the US Attorney's office is a complete waste of time.
Furthermore, as Andrew Cuomo is well aware, I have been adamant about the OAG motioning for a new trial and not me and I have no intention of ever changing my position about this since it was the OAG that colluded with my attorney, committed the criminal acts, and paid the bribes. How much more clear could I be?
Both Mario Cuomo and I knew that in public corruption cases one always follows the money. Following the money in NY would lead to the comptroller's office--a fact acknowledged by Andrew Cuomo, himself, when he obtained a guilty plea from Ray Harding, former head of the NY Liberal Party, in October 2009.
Furthermore, Andrew Cuomo has not demonstrated loyalty to the NYS Democrat Party and his lack of loyalty should not be rewarded by the party. The true story of NY State's secret political scandals would have disappeared with settlement that included the mandatory disclaimer of any wrong doing and the obligatory agreement of confidentiality.
The NYS Democrat Party can thank Andrew Cuomo for keeping the story of NY's secret political scandals alive and in the political arena.
Politicians must laugh at the white NY establishment press. New York's version of Watergate was written by two sisters from Illinois, neither of whom have press credentials. We are capable of writing additional chapters with or without the help of NY's black press.
Perhaps Andrew Cuomo should consider breaking the sad news to his paramour, Sandra Lee, that she won't be bringing any of her great garnishes to the Governor's Mansion next year and for the three years following (unless,of course, she's visiting Governor Paterson).
On a more somber note, it should be noted that one of Mario Cuomo's daughters (Andrew Cuomo's sister) was allegedly sexually assaulted by a rapist who has never been caught. Both have dishonored her and other victims of sexual assault by their willingness to add years and years of continued victimization directed towards another sexual assault victim.
How proud she must be of her father and her brother. ""
Sent in by Reader..
Posted here by
Crystal@CrystalCox.com
Investigative Blogger
Don't Forget that Proskauer Rose Law Firm is VERY Connected to Ex-Judge Judith Kaye.
Friday, March 12, 2010
Stephanie DeYoung, Bankruptcy Whistleblower still Facing Harassment from Bankruptcy Attorney trying to Hide his Secrets... Bend Oregon DA in On it..
Stephanie DeYoung - Oregon's Summit 1031 Bankruptcy Whistleblower is still harassed by Kevin Padrick of Obsidian Finance. Kevin Padrick - Obsidian Finance Group is using your Oregon Tax dollars to Harass Stephanie DeYoung... Bankruptcy Whistleblower..
Kevin Padrick, still mad at the Transparency that Stephanie DeYoung Brings to the Summit 1031 Bankruptcy out of Bend Oregon with her blog and her tenacity to tell the Truth.. he uses the Bend Oregon District Court Attorney to pull off his school yard games of Stephanie Called my Wife... so Tell her to STOP.. and your Tax Dollars go hard to work.. though Stephanie DeYoung did NOT Call Kevin Padrick's wife... the Bend Oregon DA decides that she needs to be told not to Call her.. hmmm.. boy Bend Oregon is Sure Sounding like a Judicial Hell Hole to Me....
A bankruptcy attorney running the Bend Oregon Court Rooms ... hmmm.. That Portland Attorney Fraternity sure does have Above the Law Power... time for a Civil Lawsuit, a Defamation Lawsuit, a Harassment Lawsuit against the Deschutes County - the District Attorney, Phil Duong personally and professionally, and anyone involved in this mess that is Sounding very Corrupt to Me... anyway here is what Bend Oregon Bankruptcy Whistleblower Stephanie DeYoung has to say today..
"" Oh what a great morning!
I had a feeling something special was in store for me today. My Criminal Attorney who is defending me against the alleged crimes the Deschutes County DA's office (led by Phil Duong (Assistant DA) is charging me with because Kevin Padrick said so!
ONE - The legal recording of the presentation the US Bankruptcy Judge Dunn approved on 02/11/09 at a hearing where they Wham Bam Thank You Ma' am, DECIDED TO APPOINT A LIQUIDATING TRUSTEE IN 40 MINUTES WHEN IT WASN'T EVEN ON THE AGENDA FOR THAT DAY.
TWO - The Good Faith Legal Posting of A Legal Video by an Bankruptcy Whistleblower.
Did my attorney email me about breaking these laws?
No, not really, he told me "Stephanie, the prosecutor asked me to relay to you not to call Padrick’s wife. Definitely do not call anyone from his firm, nor their spouses."
Like how Padrick said not to CALL his wife.
I didn't call his wife, but he can just say that?
You see what happened was, someone emailed me what they thought was Kevin Padrick's facebook page, but it wasn't, it was Kevin's wife, Karen Padrick's Facebook page.
I thought back to when I was playing phone tag with Kevin to schedule this Presentation Meeting. There was ONE MOMENT where I felt Kevin might be a have a heart. It was when he greeted his wife.
This was one reason I thought he might be a decent person. When Kevin Showed His True COLORS on the BOULDER HOUSE REJECTED AND LOST 3 submissions of offer by the same buyer that would have produced $80K CASH IN THE Bank for the exchangers.
But wait, the bankruptcy plan had not been confirmed so Kevin wasn't going to get the bonus 15%. The buyer got sick of dealing with Obsidian Finance and left to seek another house to buy since there were plenty to choose from.
This house has since gone back to the bank and was sold to someone else and Kevin Padrick/Obsidian Finance lost the Summit 1031 Exchanger's $80K.
Often times I have pondered on what Mrs. Padrick must think.
Does she even know what her husband does at work? I mean how many husbands do all this stuff and don't include their spouse in the equation. If they would, we would have a much more peaceful planet.
So when I was sent Karen Padrick's Facebook page, I sent her a message. I said "Please Pray for your husband's heart". Then I added these blogs...
http://www.looktoyourheart.us/
http://www.summit1031bkjustice.com/
http://www.summit1031bankruptcy.com/
So I ask myself, by doing these blogs to VOICE the truth, I have received hate mail like you wouldn't believe. I have an 8 Page letter and 30 or so emails and comments by the same person. Our Bend Police say can't do a thing because the harasser didn't say they want to kill me. I FEEL SAFE...
So why would my simple prayer message on Karen Padrick's OPEN facebook be illegal?
All I was doing was reaching out. Wait - Kevin Padrick didn't say facebook message, he said "CALL". Why doesn't he have to provide proof of this call?
BIGGER QUESTION IS WHY IS PHIL DUONG ASSISTANT DA
KEVIN PADRICK'S WHOOPING BOY ?
I MEAN WHO THE HELL DOES HE WORK FOR?
DESCHUTES COUNTY OR KEVIN PADRICK?
Why is a little shout out to pray illegal?
The US Department of Justice, our Attorney General, the US Trustee, and the FBI scour my blogs, see all the evidence, and yet are doing nothing with regard to Kevin Padrick's actions to pad his pocketbook at the expense of 200 victims and 106 Innocent investors. He likes to take their money, their retirement, their time, their name, and anything else he can get for a Steal.
Why can Kevin Padrick get away with being the end all be all word of Ponzi Scheme, Embezzlement, and Aiding and Abbetting without any REAL documentation and support for his false and misleading statements?
Why with all the documentations, recordings, audios and loads of PUBLIC court documents do I get told to not send a prayer to Kevin Padrick's wife in hopes she can help soften his heart so he doesn't continue to harm others in the name of his riches.
Little did I know back in February 2009, that these coordinated actions of Judge Randall Dunn, Steve Hedberg, Jeanette Thomas, Annie Buell, Tom Stilley, Kevin Padrick, Susan Ford, Sussman Shank, Perkins Coie, Ms. Vivienne Popperl, Pamela Griffith, and Robert Miller (US Trustee 18th Region) was happening right in front of my eyes.
How could I have known? I had never stepped into a US Bankruptcy Hearing in my life nor did I ever expect to. What were they talking about? Hell if I know. Mostly all gibberish to me and probably 99% of you, who don't live in these courtrooms, will have a difficult time understanding it until you dig in a bit deeper.
After a year of being harangued by some powerful attorneys like David Aman of Tonkon Torp and Kevin Padrick of Obsidian Finance, I have gained a whole bunch of insight into the workings of the US Bankruptcy Laws and how they Simply aren't used for what their intended purpose. In fact, the parties who know this law, but have ultimate power, use it to flood their bank accounts and keep their team fed.
In the meantime, the victims and innocent parties get caught in the middle. Oh, you might be SAFE if you cower down to these menacing powers. If you don't, however, they will stop at no end to take you down!
Violate your Rights...who cares.
F* with your Life...who cares.
Bankrupt You...who cares.
Ruin Your credit...who cares.
Andrew Moore of the Bend Bulletin told me that no one will comment on record except for Kevin. I responded with, "Well what does that tell you? Everyone is scared. They don't want to be Kevin Padrick's Target. Kevin is talking because he has to protect his story. He has to create fall guys, he has to protect his $6.5 Million dollar score, and he has to keep the focus on the Summit Principals so he can get away with the money.
Well to no end will Kevin Padrick step off, in constantly preying on me and violating me he is making me stronger, faster, quicker and really more powerful - though he will never admit that. He is making me more compassionate, more willing to fight for these wrongdoings, and more poor so that I do this for no profit which makes it even more Powerful. I mean - What the hell - if I work for money, they will just take it RIGHT OR WRONG so where is the power in that illusion. Kevin Padrick - keep coming - keep coming - keep coming. You don't scare me a bit. You will just step in your own mess with all your false statements as you try to SHUT ME UP!
Robert Miller is the US Trustee http://www.justice.gov/ust/r18/p_home.htm
The US Trustee is the one responsible for monitoring the bankruptcy courts to make sure no coordinated wrongdoings go on. He has been asleep at the wheel on this bankruptcy case and it looks like the US Dept of Justice in Fort Washington, Maryland have taken an interest. If you look below, they are google searching "Stephanie Studebaker" + "Robert Miller". My name with Robert Miller’s name…weird huh, I mean who the hell am I and what do I have in common with Robert Miller?
Us Dept Of Justice (149.101.1.118)
Fort Washington, Maryland, United States
9th March 2010
07:58:49
http://www.google.com/search?hl=en&source=hp&q=%22stephanie
http://www.obsidianfinancesucks.com/2009/07/letter-from-stephanie-studebaker.html
9th March 2010
08:01:01
http://www.google.com/search?hl=en&source=hp&q=%22stephanie
http://www.obsidianfinancesucks.com/2009/07/robert-miller-more-coming-soon.html
9th March 2010
08:02:53
http://www.google.com/search?hl=en&source=hp&q=%22stephanie
http://www.obsidianfinancesucks.com/2009/07/robert-miller-more-coming-soon.html
9th March 2010
08:07:35
http://www.google.com/search?hl=en&source=hp&q=%22stephanie
http://www.obsidianfinancesucks.com/2009/07/robert-miller-more-coming-soon.html
above by Bankruptcy Whistleblower
Stephanie DeYoung...
******
So No Accountability for Kevin Padrick?
Bend Oregon DA harassing a whistleblower to protect Kevin Padrick and Obsidian Finance Group so they can keep taking in Millions of Victims money with no end in site....
the Bend Police DO nothing when Stephanie DeYoung gets Horrible - Hate Emails and Harassment... with PROOF of IT. .. and yet ALL Cry Baby Kevin Padrick has to say is.. wa wa snivel snivel Mean Ol' Stephanie Called my Wife and said.... what.. I wonder what he Lied to the DA about that Stephanie DeYoung Supposedly called and told his wife... TOO funny.. she never Called Kevin Padrick's wife... what a Baby.. talk about Junior High games... with very Adult Corruption and Life Ruining Tactics added to it.. Kevin Padrick of Obsidian Finance is a Very Dangerous Man... he is Ruining Lives in Bend Oregon just because He said so..
Just Imagine what Would happen if Someone had actually Called Kevin Padrick's Wife..
So the Bend DA is so Dense or So Corrupt that they would even try to prosecute someone for a Recording that she supposedly made of a hearing when she actually got the recording from the Court.. talk about Corruption in the Courts... Fraud on the Courts.. Bend Oregon Sounds like a Nasty Place ... Kevin Padrick seems to run the place... and Laws Seem to Be Irrelevant..
Above Banter by
Crystal L. Cox
Bankruptcy Commentator....
more on the Summit 1031 Bankruptcy
www.Summit1031bkJustice.com and
www.ObsidianFinanceSucks.com
Bankruptcy Corruption, Court Corruption, Oregon Corruption,
Kevin Padrick, still mad at the Transparency that Stephanie DeYoung Brings to the Summit 1031 Bankruptcy out of Bend Oregon with her blog and her tenacity to tell the Truth.. he uses the Bend Oregon District Court Attorney to pull off his school yard games of Stephanie Called my Wife... so Tell her to STOP.. and your Tax Dollars go hard to work.. though Stephanie DeYoung did NOT Call Kevin Padrick's wife... the Bend Oregon DA decides that she needs to be told not to Call her.. hmmm.. boy Bend Oregon is Sure Sounding like a Judicial Hell Hole to Me....
A bankruptcy attorney running the Bend Oregon Court Rooms ... hmmm.. That Portland Attorney Fraternity sure does have Above the Law Power... time for a Civil Lawsuit, a Defamation Lawsuit, a Harassment Lawsuit against the Deschutes County - the District Attorney, Phil Duong personally and professionally, and anyone involved in this mess that is Sounding very Corrupt to Me... anyway here is what Bend Oregon Bankruptcy Whistleblower Stephanie DeYoung has to say today..
"" Oh what a great morning!
I had a feeling something special was in store for me today. My Criminal Attorney who is defending me against the alleged crimes the Deschutes County DA's office (led by Phil Duong (Assistant DA) is charging me with because Kevin Padrick said so!
ONE - The legal recording of the presentation the US Bankruptcy Judge Dunn approved on 02/11/09 at a hearing where they Wham Bam Thank You Ma' am, DECIDED TO APPOINT A LIQUIDATING TRUSTEE IN 40 MINUTES WHEN IT WASN'T EVEN ON THE AGENDA FOR THAT DAY.
TWO - The Good Faith Legal Posting of A Legal Video by an Bankruptcy Whistleblower.
Did my attorney email me about breaking these laws?
No, not really, he told me "Stephanie, the prosecutor asked me to relay to you not to call Padrick’s wife. Definitely do not call anyone from his firm, nor their spouses."
Like how Padrick said not to CALL his wife.
I didn't call his wife, but he can just say that?
You see what happened was, someone emailed me what they thought was Kevin Padrick's facebook page, but it wasn't, it was Kevin's wife, Karen Padrick's Facebook page.
I thought back to when I was playing phone tag with Kevin to schedule this Presentation Meeting. There was ONE MOMENT where I felt Kevin might be a have a heart. It was when he greeted his wife.
This was one reason I thought he might be a decent person. When Kevin Showed His True COLORS on the BOULDER HOUSE REJECTED AND LOST 3 submissions of offer by the same buyer that would have produced $80K CASH IN THE Bank for the exchangers.
But wait, the bankruptcy plan had not been confirmed so Kevin wasn't going to get the bonus 15%. The buyer got sick of dealing with Obsidian Finance and left to seek another house to buy since there were plenty to choose from.
This house has since gone back to the bank and was sold to someone else and Kevin Padrick/Obsidian Finance lost the Summit 1031 Exchanger's $80K.
Often times I have pondered on what Mrs. Padrick must think.
Does she even know what her husband does at work? I mean how many husbands do all this stuff and don't include their spouse in the equation. If they would, we would have a much more peaceful planet.
So when I was sent Karen Padrick's Facebook page, I sent her a message. I said "Please Pray for your husband's heart". Then I added these blogs...
http://www.looktoyourheart.us/
http://www.summit1031bkjustice.com/
http://www.summit1031bankruptcy.com/
So I ask myself, by doing these blogs to VOICE the truth, I have received hate mail like you wouldn't believe. I have an 8 Page letter and 30 or so emails and comments by the same person. Our Bend Police say can't do a thing because the harasser didn't say they want to kill me. I FEEL SAFE...
So why would my simple prayer message on Karen Padrick's OPEN facebook be illegal?
All I was doing was reaching out. Wait - Kevin Padrick didn't say facebook message, he said "CALL". Why doesn't he have to provide proof of this call?
BIGGER QUESTION IS WHY IS PHIL DUONG ASSISTANT DA
KEVIN PADRICK'S WHOOPING BOY ?
I MEAN WHO THE HELL DOES HE WORK FOR?
DESCHUTES COUNTY OR KEVIN PADRICK?
Why is a little shout out to pray illegal?
The US Department of Justice, our Attorney General, the US Trustee, and the FBI scour my blogs, see all the evidence, and yet are doing nothing with regard to Kevin Padrick's actions to pad his pocketbook at the expense of 200 victims and 106 Innocent investors. He likes to take their money, their retirement, their time, their name, and anything else he can get for a Steal.
Why can Kevin Padrick get away with being the end all be all word of Ponzi Scheme, Embezzlement, and Aiding and Abbetting without any REAL documentation and support for his false and misleading statements?
Why with all the documentations, recordings, audios and loads of PUBLIC court documents do I get told to not send a prayer to Kevin Padrick's wife in hopes she can help soften his heart so he doesn't continue to harm others in the name of his riches.
Little did I know back in February 2009, that these coordinated actions of Judge Randall Dunn, Steve Hedberg, Jeanette Thomas, Annie Buell, Tom Stilley, Kevin Padrick, Susan Ford, Sussman Shank, Perkins Coie, Ms. Vivienne Popperl, Pamela Griffith, and Robert Miller (US Trustee 18th Region) was happening right in front of my eyes.
How could I have known? I had never stepped into a US Bankruptcy Hearing in my life nor did I ever expect to. What were they talking about? Hell if I know. Mostly all gibberish to me and probably 99% of you, who don't live in these courtrooms, will have a difficult time understanding it until you dig in a bit deeper.
After a year of being harangued by some powerful attorneys like David Aman of Tonkon Torp and Kevin Padrick of Obsidian Finance, I have gained a whole bunch of insight into the workings of the US Bankruptcy Laws and how they Simply aren't used for what their intended purpose. In fact, the parties who know this law, but have ultimate power, use it to flood their bank accounts and keep their team fed.
In the meantime, the victims and innocent parties get caught in the middle. Oh, you might be SAFE if you cower down to these menacing powers. If you don't, however, they will stop at no end to take you down!
Violate your Rights...who cares.
F* with your Life...who cares.
Bankrupt You...who cares.
Ruin Your credit...who cares.
Andrew Moore of the Bend Bulletin told me that no one will comment on record except for Kevin. I responded with, "Well what does that tell you? Everyone is scared. They don't want to be Kevin Padrick's Target. Kevin is talking because he has to protect his story. He has to create fall guys, he has to protect his $6.5 Million dollar score, and he has to keep the focus on the Summit Principals so he can get away with the money.
Well to no end will Kevin Padrick step off, in constantly preying on me and violating me he is making me stronger, faster, quicker and really more powerful - though he will never admit that. He is making me more compassionate, more willing to fight for these wrongdoings, and more poor so that I do this for no profit which makes it even more Powerful. I mean - What the hell - if I work for money, they will just take it RIGHT OR WRONG so where is the power in that illusion. Kevin Padrick - keep coming - keep coming - keep coming. You don't scare me a bit. You will just step in your own mess with all your false statements as you try to SHUT ME UP!
Robert Miller is the US Trustee http://www.justice.gov/ust/r18/p_home.htm
The US Trustee is the one responsible for monitoring the bankruptcy courts to make sure no coordinated wrongdoings go on. He has been asleep at the wheel on this bankruptcy case and it looks like the US Dept of Justice in Fort Washington, Maryland have taken an interest. If you look below, they are google searching "Stephanie Studebaker" + "Robert Miller". My name with Robert Miller’s name…weird huh, I mean who the hell am I and what do I have in common with Robert Miller?
Us Dept Of Justice (149.101.1.118)
Fort Washington, Maryland, United States
9th March 2010
07:58:49
http://www.google.com/search?hl=en&source=hp&q=%22stephanie
http://www.obsidianfinancesucks.com/2009/07/letter-from-stephanie-studebaker.html
9th March 2010
08:01:01
http://www.google.com/search?hl=en&source=hp&q=%22stephanie
http://www.obsidianfinancesucks.com/2009/07/robert-miller-more-coming-soon.html
9th March 2010
08:02:53
http://www.google.com/search?hl=en&source=hp&q=%22stephanie
http://www.obsidianfinancesucks.com/2009/07/robert-miller-more-coming-soon.html
9th March 2010
08:07:35
http://www.google.com/search?hl=en&source=hp&q=%22stephanie
http://www.obsidianfinancesucks.com/2009/07/robert-miller-more-coming-soon.html
above by Bankruptcy Whistleblower
Stephanie DeYoung...
******
So No Accountability for Kevin Padrick?
Bend Oregon DA harassing a whistleblower to protect Kevin Padrick and Obsidian Finance Group so they can keep taking in Millions of Victims money with no end in site....
the Bend Police DO nothing when Stephanie DeYoung gets Horrible - Hate Emails and Harassment... with PROOF of IT. .. and yet ALL Cry Baby Kevin Padrick has to say is.. wa wa snivel snivel Mean Ol' Stephanie Called my Wife and said.... what.. I wonder what he Lied to the DA about that Stephanie DeYoung Supposedly called and told his wife... TOO funny.. she never Called Kevin Padrick's wife... what a Baby.. talk about Junior High games... with very Adult Corruption and Life Ruining Tactics added to it.. Kevin Padrick of Obsidian Finance is a Very Dangerous Man... he is Ruining Lives in Bend Oregon just because He said so..
Just Imagine what Would happen if Someone had actually Called Kevin Padrick's Wife..
So the Bend DA is so Dense or So Corrupt that they would even try to prosecute someone for a Recording that she supposedly made of a hearing when she actually got the recording from the Court.. talk about Corruption in the Courts... Fraud on the Courts.. Bend Oregon Sounds like a Nasty Place ... Kevin Padrick seems to run the place... and Laws Seem to Be Irrelevant..
Above Banter by
Crystal L. Cox
Bankruptcy Commentator....
more on the Summit 1031 Bankruptcy
www.Summit1031bkJustice.com and
www.ObsidianFinanceSucks.com
Bankruptcy Corruption, Court Corruption, Oregon Corruption,
Thursday, March 11, 2010
Long Island Congressional Candidate Cited for Giving Up JPMorgan Whistleblower, Peter Sivere.
""George Demos is a Republican Congressional Candidate from Eastern Long Island whose Web site bears the slogan "Fighting for Freedom," and touts his service as an enforcement lawyer in the New York office of the Securities and Exchange Commission. A bio says that he "handled some of the SEC's most significant investigations," including that of Ponzi scheme artist Bernard Madoff, and "worked tirelessly on the cases that never made the headlines."
But one case that never made headlines was his own: Demos' campaign Web site and public statements omit any reference to a report last March of the SEC's Inspector General (IG), which found he had improperly disclosed protected, nonpublic information about a whistleblower to the counsel for that whistleblower's employer, a major Wall Street bank, JP Morgan Chase.
The IG's charges of misconduct grew out of an SEC probe that began in 2003 of JPMorgan and other big financial institutions suspected of illegal market practices.
Demos has denied he did anything improper, and his campaign declined to comment on the matter. But documents obtained by the Project On Government Oversight (POGO) -- a non-partisan non-profit based in Washington -- confirm that Demos was the staff attorney who was cited in the IG report for violating SEC rules.
The IG referred the case to the agency's management for possible disciplinary action, but the SEC took no action. Soon after that, Demos quietly resigned from his job and launched his bid for a seat in the House of Representatives.
But the confidential information that Demos disclosed was used by a JPMorgan lawyer against one of the bank's own employees, a whistleblower who had alerted the SEC to possible wrongdoing by his employer, according to the report and other documents, some released under the Freedom of Information Act.
The significance of the case goes beyond politics.
In response to widespread public anger over Wall Street abuses and a weak economy, the SEC and its latest chairman, Mary Schapiro, have pledged repeatedly to protect whistleblowers and pay more attention to their reports of illegality and market abuse.
The Madoff case itself involved a whistleblower whose information the SEC had largely ignored, and a financial analyst at a prominent Wall Street company said last year that he, too, had trouble getting phone calls returned by the SEC after informing the agency his employer might be breaking the law. In response, the SEC has launched a program to cope with the hundreds of thousands of tips it receives every year, but progress has been painfully slow.
Meanwhile, the SEC also appears to be brushing aside or delaying action on the recommendations of its own IG, and not just in the Demos matter. In response to a recent Freedom of Information Act request submitted by POGO, the SEC has said that since 2007 there have been more than 200 recommendations from its IG on which the agency has either taken no action, or on which action was still pending.
Demos is a 33-year-old politically wired attorney who attended Fordham Law School. According to his campaign Web site, his donor list includes wealthy Wall Streeters and others, who have given him more than $300,000 since October.
His bio includes stints in the District Attorney's office in Suffolk County, Long Island, and service as enforcement lawyer at the SEC from 2002 to 2009.
He was involved in the campaigns of former New York Gov. George Pataki and former Sen. Alfonse D'Amato, and is now in a field of candidates, including Chris Cox, an attorney and the grandson of former President Richard Nixon, who are seeking the GOP nomination in New York's 1st Congressional District, a swing district. The seat is currently held by Tim Bishop, a Democrat, who is considered vulnerable in November.
The SEC IG's findings did not identify Demos by name when they were included in the watchdog's semi-annual report to Congress last year. But documents obtained by POGO, including internal SEC materials and related correspondence, make clear that Demos' conduct lay behind the section of the report on the JPMorgan whistleblower, who worked as a mid-level compliance officer in New York.
According to a redacted version of the report, the whistleblower, whose name is Peter Sivere, first came to the SEC with what he described as "confidential" evidence of the bank's alleged failure to disclose material sought in the SEC probe.
The SEC was investigating a practice known as market timing, which can be illegal. It typically involves trading that favors short-term buyers and sellers to the detriment of long-term shareholders like retirees.
After the whistleblower's initial e-mail contact with the SEC in June 2004, Demos replied to him, confirming, among other things, that the agency's probe was "confidential."
Several major institutions, such as Bank of America and Alliance Capital Management, later reached settlements in similar SEC inquiries, but JPMorgan was never charged with a violation, and this week had no comment.
In July 2004, Sivere brought an employment claim against JPMorgan before the Occupational Safety and Health Administration. He contended that the bank began threatening his job after he had gone to the SEC. JPMorgan strongly disputed Sivere's allegations.
OSHA issued a preliminary finding in favor of the whistleblower, saying there was "reasonable cause to believe" that he had faced retaliation, and that his "preliminary reinstatement" was warranted. Not long after, Demos informed JPMorgan's counsel that Sivere had initially sought a cash payment from the SEC for information he was offering the agency, apparently in hopes of benefiting from a well-publicized SEC program to elicit information from tipsters.
The lawyer for JPMorgan then used Sivere's confidential request for a bounty to question his whistleblower credentials, and informed OHSA that he had asked for money. Apparently concerned that this had damaged his case, despite the initial finding in his favor, Sivere then dropped his complaint against JPMorgan and settled the case.
A well-known Washington securities lawyer who did not want his name used in a discussion of the sensitive case explained that "whistleblowers are often unfairly disparaged for requesting payments, even though U.S. law specifically authorizes rewards to certain informants." JPMorgan has denied any impropriety. It ultimately fired Sivere in October 2004.
In October 2008, the SEC's IG launched its own investigation in response to information from Sivere. Its final report provided a description of what it said was Demos' improper disclosure, as well as an earlier, internal SEC examination of the matter.
Demos, when first questioned by an SEC supervisor, "did not admit" to the improper disclosure, the IG report says, though he did concede he might have been responsible, saying he "did not remember."
Based on that inconclusive evidence, Demos' SEC superior drew no definite conclusion about whether Demos had made the disclosure. Even so, he formally "counseled" Demos in late 2005 about the importance of keeping protected information within the agency, the IG said.
The IG later interviewed Demos' SEC superior and others at the agency. The IG also contacted lawyers for JPMorgan, including one to whom the disclosure had been made. That lawyer readily identified Demos as the source of his information, according to documents.
As the IG report concludes, Demos "not only gave . . . JPMorgan permission to use the non-public information about an informant against him [in the OHSA proceeding], but actually encouraged such use."
The IG found that Demos' disclosure was a violation of SEC rules, which severely restrict the release of confidential information obtained in the course of an investigation.
The failure of Demos' campaign to let prospective voters know about any of these events may not be surprising, but only days after he launched his run for Congress on Oct. 13, 2009, candidate Demos sent a two-page letter rebutting charges of ethical misconduct in the SEC matter that had surfaced in another forum: the Departmental Disciplinary Committee of the New York State Supreme Court Appellate Division, which reviews and investigates ethical complaints against lawyers.
Upset that the SEC was doing nothing in response to its own IG's disciplinary referral, the New York ethics complaint naming Demos was filed by Sivere, the fired whistleblower. Demos' letter in response to that complaint argued that it was "entirely without merit."
The complaint has yet to be resolved, but could result in a finding of no wrongdoing or penalties ranging from censure to disbarment.
In his letter to the Supreme Court's Disciplinary Committee, Demos concedes that information about the whistleblower may have been released, but only in line with SEC "regulations and policies." Demos' statement appears to be at odds with the IG's finding.
His letter also attacks the protected status of the whistleblower's information, arguing that the one time JPMorgan employee "was owed no duty of confidentiality or loyalty by the Commission [SEC] or me" -- another statement that contradicts the IG's conclusions.
Michael Smallberg is an investigator at the Project On Government Oversight (POGO). Adam Zagorin is Journalist in Residence at POGO. POGO is a non-partisan, non-profit government watchdog group based in Washington, D.C.""
Source
http://www.politicsdaily.com/2010/01/28/long-island-congressional-candidate-cited-for-giving-up-jpmorgan/
I do not believe that the SEC even Tries to Check on Reports or Tips... I believe that the SEC, Mary Schapiro looks at who the "Names" and "Players" are and decides from there whether to look into it or not.. the Iviewit Trillion Dollar Stolen Patent Case Shows this VERY Well... as the SEC, Mary Schapiro knows full well of a Massive Shareholder Fraud and they DO NOTHING.. they don't even seem to acknowledge it has been reported...
more on the iViewit Stolen Patent at
www.Iviewit.TV and www.DeniedPatent.com
and More on Mary Schapiro Click Here
the Obama Administration Brags about new laws to protect Whistleblowers... Laws seem to be in place but in the Real World Whistleblowers are Treated as Criminals and their Lives are turned upside down...
But one case that never made headlines was his own: Demos' campaign Web site and public statements omit any reference to a report last March of the SEC's Inspector General (IG), which found he had improperly disclosed protected, nonpublic information about a whistleblower to the counsel for that whistleblower's employer, a major Wall Street bank, JP Morgan Chase.
The IG's charges of misconduct grew out of an SEC probe that began in 2003 of JPMorgan and other big financial institutions suspected of illegal market practices.
Demos has denied he did anything improper, and his campaign declined to comment on the matter. But documents obtained by the Project On Government Oversight (POGO) -- a non-partisan non-profit based in Washington -- confirm that Demos was the staff attorney who was cited in the IG report for violating SEC rules.
The IG referred the case to the agency's management for possible disciplinary action, but the SEC took no action. Soon after that, Demos quietly resigned from his job and launched his bid for a seat in the House of Representatives.
But the confidential information that Demos disclosed was used by a JPMorgan lawyer against one of the bank's own employees, a whistleblower who had alerted the SEC to possible wrongdoing by his employer, according to the report and other documents, some released under the Freedom of Information Act.
The significance of the case goes beyond politics.
In response to widespread public anger over Wall Street abuses and a weak economy, the SEC and its latest chairman, Mary Schapiro, have pledged repeatedly to protect whistleblowers and pay more attention to their reports of illegality and market abuse.
The Madoff case itself involved a whistleblower whose information the SEC had largely ignored, and a financial analyst at a prominent Wall Street company said last year that he, too, had trouble getting phone calls returned by the SEC after informing the agency his employer might be breaking the law. In response, the SEC has launched a program to cope with the hundreds of thousands of tips it receives every year, but progress has been painfully slow.
Meanwhile, the SEC also appears to be brushing aside or delaying action on the recommendations of its own IG, and not just in the Demos matter. In response to a recent Freedom of Information Act request submitted by POGO, the SEC has said that since 2007 there have been more than 200 recommendations from its IG on which the agency has either taken no action, or on which action was still pending.
Demos is a 33-year-old politically wired attorney who attended Fordham Law School. According to his campaign Web site, his donor list includes wealthy Wall Streeters and others, who have given him more than $300,000 since October.
His bio includes stints in the District Attorney's office in Suffolk County, Long Island, and service as enforcement lawyer at the SEC from 2002 to 2009.
He was involved in the campaigns of former New York Gov. George Pataki and former Sen. Alfonse D'Amato, and is now in a field of candidates, including Chris Cox, an attorney and the grandson of former President Richard Nixon, who are seeking the GOP nomination in New York's 1st Congressional District, a swing district. The seat is currently held by Tim Bishop, a Democrat, who is considered vulnerable in November.
The SEC IG's findings did not identify Demos by name when they were included in the watchdog's semi-annual report to Congress last year. But documents obtained by POGO, including internal SEC materials and related correspondence, make clear that Demos' conduct lay behind the section of the report on the JPMorgan whistleblower, who worked as a mid-level compliance officer in New York.
According to a redacted version of the report, the whistleblower, whose name is Peter Sivere, first came to the SEC with what he described as "confidential" evidence of the bank's alleged failure to disclose material sought in the SEC probe.
The SEC was investigating a practice known as market timing, which can be illegal. It typically involves trading that favors short-term buyers and sellers to the detriment of long-term shareholders like retirees.
After the whistleblower's initial e-mail contact with the SEC in June 2004, Demos replied to him, confirming, among other things, that the agency's probe was "confidential."
Several major institutions, such as Bank of America and Alliance Capital Management, later reached settlements in similar SEC inquiries, but JPMorgan was never charged with a violation, and this week had no comment.
In July 2004, Sivere brought an employment claim against JPMorgan before the Occupational Safety and Health Administration. He contended that the bank began threatening his job after he had gone to the SEC. JPMorgan strongly disputed Sivere's allegations.
OSHA issued a preliminary finding in favor of the whistleblower, saying there was "reasonable cause to believe" that he had faced retaliation, and that his "preliminary reinstatement" was warranted. Not long after, Demos informed JPMorgan's counsel that Sivere had initially sought a cash payment from the SEC for information he was offering the agency, apparently in hopes of benefiting from a well-publicized SEC program to elicit information from tipsters.
The lawyer for JPMorgan then used Sivere's confidential request for a bounty to question his whistleblower credentials, and informed OHSA that he had asked for money. Apparently concerned that this had damaged his case, despite the initial finding in his favor, Sivere then dropped his complaint against JPMorgan and settled the case.
A well-known Washington securities lawyer who did not want his name used in a discussion of the sensitive case explained that "whistleblowers are often unfairly disparaged for requesting payments, even though U.S. law specifically authorizes rewards to certain informants." JPMorgan has denied any impropriety. It ultimately fired Sivere in October 2004.
In October 2008, the SEC's IG launched its own investigation in response to information from Sivere. Its final report provided a description of what it said was Demos' improper disclosure, as well as an earlier, internal SEC examination of the matter.
Demos, when first questioned by an SEC supervisor, "did not admit" to the improper disclosure, the IG report says, though he did concede he might have been responsible, saying he "did not remember."
Based on that inconclusive evidence, Demos' SEC superior drew no definite conclusion about whether Demos had made the disclosure. Even so, he formally "counseled" Demos in late 2005 about the importance of keeping protected information within the agency, the IG said.
The IG later interviewed Demos' SEC superior and others at the agency. The IG also contacted lawyers for JPMorgan, including one to whom the disclosure had been made. That lawyer readily identified Demos as the source of his information, according to documents.
As the IG report concludes, Demos "not only gave . . . JPMorgan permission to use the non-public information about an informant against him [in the OHSA proceeding], but actually encouraged such use."
The IG found that Demos' disclosure was a violation of SEC rules, which severely restrict the release of confidential information obtained in the course of an investigation.
The failure of Demos' campaign to let prospective voters know about any of these events may not be surprising, but only days after he launched his run for Congress on Oct. 13, 2009, candidate Demos sent a two-page letter rebutting charges of ethical misconduct in the SEC matter that had surfaced in another forum: the Departmental Disciplinary Committee of the New York State Supreme Court Appellate Division, which reviews and investigates ethical complaints against lawyers.
Upset that the SEC was doing nothing in response to its own IG's disciplinary referral, the New York ethics complaint naming Demos was filed by Sivere, the fired whistleblower. Demos' letter in response to that complaint argued that it was "entirely without merit."
The complaint has yet to be resolved, but could result in a finding of no wrongdoing or penalties ranging from censure to disbarment.
In his letter to the Supreme Court's Disciplinary Committee, Demos concedes that information about the whistleblower may have been released, but only in line with SEC "regulations and policies." Demos' statement appears to be at odds with the IG's finding.
His letter also attacks the protected status of the whistleblower's information, arguing that the one time JPMorgan employee "was owed no duty of confidentiality or loyalty by the Commission [SEC] or me" -- another statement that contradicts the IG's conclusions.
Michael Smallberg is an investigator at the Project On Government Oversight (POGO). Adam Zagorin is Journalist in Residence at POGO. POGO is a non-partisan, non-profit government watchdog group based in Washington, D.C.""
Source
http://www.politicsdaily.com/2010/01/28/long-island-congressional-candidate-cited-for-giving-up-jpmorgan/
I do not believe that the SEC even Tries to Check on Reports or Tips... I believe that the SEC, Mary Schapiro looks at who the "Names" and "Players" are and decides from there whether to look into it or not.. the Iviewit Trillion Dollar Stolen Patent Case Shows this VERY Well... as the SEC, Mary Schapiro knows full well of a Massive Shareholder Fraud and they DO NOTHING.. they don't even seem to acknowledge it has been reported...
more on the iViewit Stolen Patent at
www.Iviewit.TV and www.DeniedPatent.com
and More on Mary Schapiro Click Here
the Obama Administration Brags about new laws to protect Whistleblowers... Laws seem to be in place but in the Real World Whistleblowers are Treated as Criminals and their Lives are turned upside down...
Andrew Cuomo Appoints Retired Court of Appeals Chief Justice Judith Kaye to run the Gov. Paterson Probes.
WoW, this should be Impartial, Fair, Just... Come on talk about the Queen of the Attorney Fraternity in New York State that Reaches Everywhere Proskauer Rose Law Firm Is..
Judith L. Kaye would definitely qualify in my book as IN NO way a good pick for this "probe" .. oh unless you want to cover up Zillions in Alleged Crimes - Fraud - or Really Anything.. as with Proskauer Rose connections, Favors Owed, Steven Krane and all the Favors and Influence that Brings ... there seems to be No One that Can Hold Criminals Accountable for Crimes on their Watch...
Here is the Article..
"" ALBANY - Attorney General Andrew Cuomo handed off the politically red-hot probes of Gov. Paterson on Thursday - clearly hoping not to get burned any more.
Just days after a Marist College poll revealed a sizable drop in his approval ratings, particularly among blacks, Cuomo "removed" himself from the potentially explosive inquests.
He appointed retired Court of Appeals Chief Justice Judith Kaye to run the probes.
"This is a legal determination as to what is the best way to conduct an investigation," said Cuomo, who is all but certain to run for governor.
Cuomo said he made the decision to appoint Kaye out of "an abundance of caution" to avoid any possible conflicts, though he acknowledged the political prism through which the case is likely to be viewed.
"I understand the ferocity of politics of New York and I understand that it is incredibly important to all of us that the public have a 100% confidence that this investigation is being handled properly," Cuomo said.
Cuomo's office is investigating whether Paterson and the state police interfered in a domestic violence complaint mom of two Sherr-una Booker brought against top Paterson aide David Johnson.
His office has also launched a probe into whether the governor got free World Series tickets from the Yankees - and then lied about it to the state's Public Integrity Commission.
Tuesday's Marist poll found the public was becoming increasingly uncomfortable with Cuomo's role in the investigation. His once sky-high approval rating had dropped 13 points in just a week, including a 22-point drop among nonwhite voters, to 45%, the Marist poll showed.
"Politicians are supposed to follow public opinion, he did and the result was a wise decision," said Democratic strategist Hank Sheinkopf."
Kaye's appointment means the case is likely to drag on for several more weeks - and hang over Paterson as he tries to negotiate a budget with lawmakers.
Kaye will oversee Cuomo's staff of lawyers and investigators, who've interviewed dozens of witnesses and pored over pages of documents in both cases.
Nearly all of the crucial witnesses have been deposed in the probe of whether Paterson, his aides or the state police broke any laws by intervening in the domestic abuse case.
The Daily News reported yesterday that Cuomo's investigators have found little evidence to support a witness tampering case against Paterson.
Cuomo did not deny the story, but said: "Discussing any outcome would be premature."
This week, a handful of witnesses are being called back for a second interview. Johnson, another top Paterson aide, Clemmie Harris, and the governor are to be interviewed as soon as next week.
Kaye will essentially play the role Cuomo would have played, overseeing any presentation to a grand jury, signing off on subpoenas and, in the end, making the call as to whether to prosecute.
Cuomo will be barred from participating in any of these matters.
Kaye, who has no experience as a prosecutor, vowed the "public will have a full, fair and independent accounting of the facts."
Paterson's lawyer Theodore Wells Jr. promised to cooperate with Kaye.""
Source of Post...
http://www.nydailynews.com/news/2010/03/11/2010-03-11_down_in_polls_andy_bails_on_probe_gives_hotpotato_gov_mess_over_to_former_chief_.html#ixzz0hwGdgE2T
So Cuomo wants to Be Gov. - Cuomo's Dad Appointed Kaye to her Judge Job... and now Judith Kaye is Investigating the Current NY Governor.. Hmmm.. nobody sees this as a Conflict.. and Andrew Cuomo has the nerve to say.. "Cuomo said he made the decision to appoint Kaye out of "an abundance of caution" to avoid any possible conflicts, though he acknowledged the political prism through which the case is likely to be viewed." What is Going on in New York?
Who is Theodore Wells Jr. - what Connections does he have to Proskauer, or History with any of the Attorney Fraternity we talk about on this site... ???
More on Proskauer Rose Affiliations, Conflicts of Interest and Alleged Crimes..
and How Proskauer Rose is Involved in a Trillion Dollar Patent Theft that now has plenty to do with the Corruption in the New York Court System and the Cover Up Power of Judith S. Kaye..
www.ProskauerSucks.com - www.DeniedPatent.com - www.Iviewit.TV
Got a Inside Tip on any of this.. Email Me At
Crystal@CrystalCox.com
Crystal L. Cox
Investigative Blogger
Judith L. Kaye would definitely qualify in my book as IN NO way a good pick for this "probe" .. oh unless you want to cover up Zillions in Alleged Crimes - Fraud - or Really Anything.. as with Proskauer Rose connections, Favors Owed, Steven Krane and all the Favors and Influence that Brings ... there seems to be No One that Can Hold Criminals Accountable for Crimes on their Watch...
Here is the Article..
"" ALBANY - Attorney General Andrew Cuomo handed off the politically red-hot probes of Gov. Paterson on Thursday - clearly hoping not to get burned any more.
Just days after a Marist College poll revealed a sizable drop in his approval ratings, particularly among blacks, Cuomo "removed" himself from the potentially explosive inquests.
He appointed retired Court of Appeals Chief Justice Judith Kaye to run the probes.
"This is a legal determination as to what is the best way to conduct an investigation," said Cuomo, who is all but certain to run for governor.
Cuomo said he made the decision to appoint Kaye out of "an abundance of caution" to avoid any possible conflicts, though he acknowledged the political prism through which the case is likely to be viewed.
"I understand the ferocity of politics of New York and I understand that it is incredibly important to all of us that the public have a 100% confidence that this investigation is being handled properly," Cuomo said.
Cuomo's office is investigating whether Paterson and the state police interfered in a domestic violence complaint mom of two Sherr-una Booker brought against top Paterson aide David Johnson.
His office has also launched a probe into whether the governor got free World Series tickets from the Yankees - and then lied about it to the state's Public Integrity Commission.
Tuesday's Marist poll found the public was becoming increasingly uncomfortable with Cuomo's role in the investigation. His once sky-high approval rating had dropped 13 points in just a week, including a 22-point drop among nonwhite voters, to 45%, the Marist poll showed.
"Politicians are supposed to follow public opinion, he did and the result was a wise decision," said Democratic strategist Hank Sheinkopf."
Kaye's appointment means the case is likely to drag on for several more weeks - and hang over Paterson as he tries to negotiate a budget with lawmakers.
Kaye will oversee Cuomo's staff of lawyers and investigators, who've interviewed dozens of witnesses and pored over pages of documents in both cases.
Nearly all of the crucial witnesses have been deposed in the probe of whether Paterson, his aides or the state police broke any laws by intervening in the domestic abuse case.
The Daily News reported yesterday that Cuomo's investigators have found little evidence to support a witness tampering case against Paterson.
Cuomo did not deny the story, but said: "Discussing any outcome would be premature."
This week, a handful of witnesses are being called back for a second interview. Johnson, another top Paterson aide, Clemmie Harris, and the governor are to be interviewed as soon as next week.
Kaye will essentially play the role Cuomo would have played, overseeing any presentation to a grand jury, signing off on subpoenas and, in the end, making the call as to whether to prosecute.
Cuomo will be barred from participating in any of these matters.
Kaye, who has no experience as a prosecutor, vowed the "public will have a full, fair and independent accounting of the facts."
Paterson's lawyer Theodore Wells Jr. promised to cooperate with Kaye.""
Source of Post...
http://www.nydailynews.com/news/2010/03/11/2010-03-11_down_in_polls_andy_bails_on_probe_gives_hotpotato_gov_mess_over_to_former_chief_.html#ixzz0hwGdgE2T
So Cuomo wants to Be Gov. - Cuomo's Dad Appointed Kaye to her Judge Job... and now Judith Kaye is Investigating the Current NY Governor.. Hmmm.. nobody sees this as a Conflict.. and Andrew Cuomo has the nerve to say.. "Cuomo said he made the decision to appoint Kaye out of "an abundance of caution" to avoid any possible conflicts, though he acknowledged the political prism through which the case is likely to be viewed." What is Going on in New York?
Who is Theodore Wells Jr. - what Connections does he have to Proskauer, or History with any of the Attorney Fraternity we talk about on this site... ???
More on Proskauer Rose Affiliations, Conflicts of Interest and Alleged Crimes..
and How Proskauer Rose is Involved in a Trillion Dollar Patent Theft that now has plenty to do with the Corruption in the New York Court System and the Cover Up Power of Judith S. Kaye..
www.ProskauerSucks.com - www.DeniedPatent.com - www.Iviewit.TV
Got a Inside Tip on any of this.. Email Me At
Crystal@CrystalCox.com
Crystal L. Cox
Investigative Blogger
A Veteran Judge, Never a Prosecutor, Is Seen as Well Suited to Investigate the Governor - Judith S. Kaye - David A. Paterson - New York Courts
"" The new chief investigator who stepped into the spotlight in place of Attorney General Andrew M. Cuomo on Thursday was a judge for a quarter century, not only in title but also in temperament.
Cuomo Hands Paterson Case to an Ex-Judge
(March 12, 2010)
Times Topic: Judith S. Kaye
That, say people who know the state’s retired chief judge, Judith S. Kaye, may be a strong enough résumé point to make up for a lack of prosecutorial experience as she takes over the politically volatile investigation of Gov. David A. Paterson and his administration. In a long legal career, she never worked as a prosecutor.
But her appointment could add to the investigation’s credibility, said George Bundy Smith, who served with Judge Kaye as a judge on the state’s Court of Appeals until he retired in 2006. “She will be objective, and that is the main thing you look for in an investigation like this,” Judge Smith said.
In a statement on Thursday, Judge Kaye thanked Mr. Cuomo for entrusting her “with these serious and important matters.”
“I promise,” Judge Kaye added, “that the public will have a full, fair and independent accounting of the facts.”
Former prosecutors said that though Judge Kaye lacked a track record of making prosecution decisions herself, her career on the state’s highest court and, before that, as a litigator in civil cases, provided her with many of the skills needed to navigate not only the management but also the political sensitivities of the investigation.
“Regardless of what decision she reaches, her decision will be respected because of who she is and what she brings to the table,” said Alan Vinegrad, a former United States attorney in Brooklyn.
Judge Kaye, 71, was first appointed to the court in 1983 by the current attorney general’s father, Gov. Mario M. Cuomo.
She became chief judge in 1993 and was widely praised when she retired as the longest-serving chief judge in 2008.
Mr. Paterson said at the time that she would “go down in history as one of the greatest chief judges this state has ever had.”
Benito Romano, a former United States attorney in Manhattan, said that Judge Kaye’s reputation as a careful judge might be exactly what was needed to calm political anxieties. “It should provide people who are concerned about the decision being driven by politics with great reassurance,” Mr. Romano said.
On the court, Judge Kaye was considered liberal on some issues, including gay marriage and the death penalty. But she often sided with the prosecution in criminal cases and sometimes said that her rulings defied simplistic labels.
With a domestic-violence case as one of the aspects of the inquiry, some lawyers noted her history of interest in that issue. In her role as the chief officer of the sprawling state court system, she made it plain that she had a special commitment to working on the problems of domestic-violence victims.
She created special domestic-violence courts to provide victims with social and other services, saying that the complex cases required an integrated approach that went beyond the letter of the law.
Before she was named to the bench, Judge Kaye was a prominent civil litigator and the first female partner at Olwine, Connelly, Chase, O’Donnell & Weyher, which was one of the city’s blue-chip law firms.
Since she retired from the court, she has been at the law firm Skadden, Arps, Slate, Meagher & Flom.
While there, she headed an investigation into the State University at Binghamton’s athletic scandals that was critical of officials for compromising standards when the school moved into major college athletics. ""
http://www.nytimes.com/2010/03/12/nyregion/12judge.html
Are You Kidding me, Judith Kaye Investigating anyone for anything is Riddled with Conflicts of Interest, Cronism, Favoritism, Political Ties, Political Favors and will certainly not be unbiased in any way what so ever in my opinion.
As I have been following the Iviewit Technologies Stolen Patent case and It seems to me that when Judith Kaye was Judge, the Criminal did as they pleased and that she allegedly covered up for Trillions of Dollars in Crimes that Proskauer Rose Law Firm was accused of, as in the Alleged Trillion Dollar Iviewit Technologies Stolen Patent.
Remember .. yes Judith Kaye is now a Widow, However, her then Husband was Stephen Kaye a Proskauer Rose Partner - and her whipping boy was Steven Krane.. big wig in New York Ethics and well THEY run New York along with the Connections at Proskauer Rose - which are connected to the Really Big Money and Political Ties and WELL - Judith S. Kaye will Certainly NOT Add ANY credibility to an investigation on ANYONE..
Who is George Bundy Smith... I mean Really.. he thinks Judith S. Kaye adds "Credibility" ARE YOU KIDDING... ???????????
I just see No Way that Judith Kaye adds ANY Credibility to this Investigation.. in My Opinion Judith Kaye .. Ex-Judges adds the Element of ... ok Whew not someone has my Back and I won't get into trouble.. Judge Judy will Hide my Ass and ALL will be Well...
didn't Judith S. Kaye Create that Athletic Scandal... or was some part of creating some smoke screen or diversion so the bad guy could get away.. hmmm.. I cannot keep up with the Alleged Corruption out of New York.. and where there is Alleged Corruption I cannot help but notice a Proskauer Rose Cronie Connection..
"greatest chief judge" "calm political anxieties"???? What a Crock !!!
other links for more information on Judith Kaye, Proskauer Rose and Iviewit Technologies..
http://nylaw.typepad.com/new_york_civil_law/2007/03/chief_judge_jud.html
www.Iviewit.TV
www.DeniedPatent.com
www.ProskauerSucks.com
posted here by
Crystal L. Cox
Investigative Blogger...
Cuomo Hands Paterson Case to an Ex-Judge
(March 12, 2010)
Times Topic: Judith S. Kaye
That, say people who know the state’s retired chief judge, Judith S. Kaye, may be a strong enough résumé point to make up for a lack of prosecutorial experience as she takes over the politically volatile investigation of Gov. David A. Paterson and his administration. In a long legal career, she never worked as a prosecutor.
But her appointment could add to the investigation’s credibility, said George Bundy Smith, who served with Judge Kaye as a judge on the state’s Court of Appeals until he retired in 2006. “She will be objective, and that is the main thing you look for in an investigation like this,” Judge Smith said.
In a statement on Thursday, Judge Kaye thanked Mr. Cuomo for entrusting her “with these serious and important matters.”
“I promise,” Judge Kaye added, “that the public will have a full, fair and independent accounting of the facts.”
Former prosecutors said that though Judge Kaye lacked a track record of making prosecution decisions herself, her career on the state’s highest court and, before that, as a litigator in civil cases, provided her with many of the skills needed to navigate not only the management but also the political sensitivities of the investigation.
“Regardless of what decision she reaches, her decision will be respected because of who she is and what she brings to the table,” said Alan Vinegrad, a former United States attorney in Brooklyn.
Judge Kaye, 71, was first appointed to the court in 1983 by the current attorney general’s father, Gov. Mario M. Cuomo.
She became chief judge in 1993 and was widely praised when she retired as the longest-serving chief judge in 2008.
Mr. Paterson said at the time that she would “go down in history as one of the greatest chief judges this state has ever had.”
Benito Romano, a former United States attorney in Manhattan, said that Judge Kaye’s reputation as a careful judge might be exactly what was needed to calm political anxieties. “It should provide people who are concerned about the decision being driven by politics with great reassurance,” Mr. Romano said.
On the court, Judge Kaye was considered liberal on some issues, including gay marriage and the death penalty. But she often sided with the prosecution in criminal cases and sometimes said that her rulings defied simplistic labels.
With a domestic-violence case as one of the aspects of the inquiry, some lawyers noted her history of interest in that issue. In her role as the chief officer of the sprawling state court system, she made it plain that she had a special commitment to working on the problems of domestic-violence victims.
She created special domestic-violence courts to provide victims with social and other services, saying that the complex cases required an integrated approach that went beyond the letter of the law.
Before she was named to the bench, Judge Kaye was a prominent civil litigator and the first female partner at Olwine, Connelly, Chase, O’Donnell & Weyher, which was one of the city’s blue-chip law firms.
Since she retired from the court, she has been at the law firm Skadden, Arps, Slate, Meagher & Flom.
While there, she headed an investigation into the State University at Binghamton’s athletic scandals that was critical of officials for compromising standards when the school moved into major college athletics. ""
http://www.nytimes.com/2010/03/12/nyregion/12judge.html
Are You Kidding me, Judith Kaye Investigating anyone for anything is Riddled with Conflicts of Interest, Cronism, Favoritism, Political Ties, Political Favors and will certainly not be unbiased in any way what so ever in my opinion.
As I have been following the Iviewit Technologies Stolen Patent case and It seems to me that when Judith Kaye was Judge, the Criminal did as they pleased and that she allegedly covered up for Trillions of Dollars in Crimes that Proskauer Rose Law Firm was accused of, as in the Alleged Trillion Dollar Iviewit Technologies Stolen Patent.
Remember .. yes Judith Kaye is now a Widow, However, her then Husband was Stephen Kaye a Proskauer Rose Partner - and her whipping boy was Steven Krane.. big wig in New York Ethics and well THEY run New York along with the Connections at Proskauer Rose - which are connected to the Really Big Money and Political Ties and WELL - Judith S. Kaye will Certainly NOT Add ANY credibility to an investigation on ANYONE..
Who is George Bundy Smith... I mean Really.. he thinks Judith S. Kaye adds "Credibility" ARE YOU KIDDING... ???????????
I just see No Way that Judith Kaye adds ANY Credibility to this Investigation.. in My Opinion Judith Kaye .. Ex-Judges adds the Element of ... ok Whew not someone has my Back and I won't get into trouble.. Judge Judy will Hide my Ass and ALL will be Well...
didn't Judith S. Kaye Create that Athletic Scandal... or was some part of creating some smoke screen or diversion so the bad guy could get away.. hmmm.. I cannot keep up with the Alleged Corruption out of New York.. and where there is Alleged Corruption I cannot help but notice a Proskauer Rose Cronie Connection..
"greatest chief judge" "calm political anxieties"???? What a Crock !!!
other links for more information on Judith Kaye, Proskauer Rose and Iviewit Technologies..
http://nylaw.typepad.com/new_york_civil_law/2007/03/chief_judge_jud.html
www.Iviewit.TV
www.DeniedPatent.com
www.ProskauerSucks.com
posted here by
Crystal L. Cox
Investigative Blogger...
Top Judge Sets Liberal Course for New York - Jonathan Lippman - Judith Kaye - Proskauer Rose LLP - Iviewit Technologies - Connections and Affiliations
"" Gov. David A. Paterson nominated Jonathan Lippman to head the New York Court of Appeals in January 2009, making him the chief judge of the state.
The choice was a gamble: The judge, a longtime court administrator, did not have a long history of deciding cases, and there was almost no record of his political views.
Judge Jonathan Lippman has helped turn the Court of Appeals into a scrappier, more divided and more liberal panel, its rulings and court statistics show.
Now, a year in, the parameters of the Lippman court are coming into focus. He has helped turn the Court of Appeals into a scrappier, more divided and more liberal panel, its rulings and court statistics show.
To get the rulings he wants, the decisions show, the new chief judge has built alliances case by case with each of the four judges who were nominated by the last Republican governor, George E. Pataki, cracking the conservative majority.
The changes to the culture of the court, New York’s highest — which has sometimes been one of the most influential state courts in the country — are especially striking when Chief Judge Lippman’s approach is compared with the judicial style of his predecessor, Judith S. Kaye. She had prized unanimity.
In the past year, the court has issued a series of sharply divided decisions that have been surprising from a judicial body with a clear 4-to-3 conservative majority. They have included decisions favoring criminal defendants and injured workers, expanding environmental challenges and extolling individual rights against the police.
“The message he is sending is he doesn’t mind fighting for a much more progressive direction at the court,” Vincent M. Bonventre, a professor at Albany Law School who studies the court, said of Judge Lippman.
Though fiscal and political problems have plagued Mr. Paterson, a Democrat, Judge Lippman’s nomination may be one of his most enduring accomplishments in shaping policy. Judge Lippman, 64, does not reach mandatory retirement age until 2015.
Noting that the Supreme Court had yet to rule on questions presented by Global Positioning Systems, for example, the Court of Appeals ruled 4 to 3 that the State Constitution barred the police from placing GPS tracking devices on cars without a warrant.
A different Republican judge joined the three Democratic appointees in another divided ruling, this one striking down a youth curfew in Rochester as unconstitutional, though other courts around the country have approved such laws.
The Lippman court has also shifted ground on worker injury suits, saying that in the past the court too rigidly limited some of them. It has also signaled a new interest in arguments from criminal defendants, sharply increasing, at Judge Lippman’s urging, the number of appeals it is considering.
In an interview, Judge Lippman acknowledged that he had a different approach from that of Judge Kaye, a longtime collaborator in running the courts.
She was also nominated by a Democrat, former Gov. Mario M. Cuomo, but during her nearly 16 years as chief judge, she often worked for unified rulings.
“I am a result-oriented person,” Judge Lippman said, “and the result I am looking for is not necessarily unanimity.”
According to the court, unanimous rulings declined from about 82 percent during 2008, Judge Kaye’s final year, to 69 percent in Judge Lippman’s first year.
During Judge Kaye’s tenure, the court became more conservative partly because of the arrival of the four Pataki judges. Professor Bonventre, the Albany Law School expert, said that divided decisions became more common in Judge Kaye’s final years but that dissents increased further after Judge Lippman arrived.
The rulings indicate that on occasion, Judge Lippman has tailored his arguments to attract one of the four Pataki judges.
In a decision he wrote in September, the court waded into politics by overruling two lower courts that had said Mr. Paterson’s appointment of Richard Ravitch as lieutenant governor was unlawful.
That view, Judge Lippman wrote, would “frustrate the work of the executive branch.”
It was an argument that seemed crafted to appeal to Judge Susan P. Read, a staunch conservative but a former top legal adviser to Governor Pataki, who was not shy about exerting executive authority. It was a party-line vote, except that Judge Read broke with the other Pataki appointees.
In the environmental case, Judge Lippman and the other two Democratic appointees aligned with two of the Republican-appointed judges, Victoria A. Graffeo, a onetime Republican legislative lawyer, and Robert S. Smith, who had sometimes expressed libertarian views.
The decision, written by Judge Smith, appeared to involve tradeoffs.
It tartly noted that the suit sought to kill a proposed hotel to protect obscure species, the Eastern spadefoot toad and the worm snake.
The hotel got a green light. But in the process, the case gave environmentalists one of their most important court victories in New York in nearly 20 years. The majority said a 1991 ruling of the court had been too narrowly applied to limit those who could bring such suits to immediate neighbors.
Stephen F. Downs, the lawyer for Save the Pine Bush, the Albany group that brought the suit, said someone on the bench seemed to be paying for an environmental victory with a defeat for the spadefoot toad. “My impression,” Mr. Downs said, “was there was a certain amount of horse trading that went on.”
That would be vintage Lippman, people who know him say. He was a get-things-done administrator, said a retired judge, Betty Weinberg Ellerin, who has known him throughout his 38-year legal career. ""
Source of Post
http://www.nytimes.com/2010/02/18/nyregion/18lippman.html
New York Court Corruption, Affiliations and Conflicts of Interest. Time for Accountability in the New York Courts. Time Whistleblowers were heard and time Proskauer Rose to be accountable for their actions. The Iviewit Stolen Patent Case has many players, however Proskauer Rose is the Patent Attorney that STOLE the Trillion Dollar Patent and Judge Judith Kaye and Her Connections to Proskauer Rose through her Husband.. Stephen Kaye made a Trillion Dollar Patent Theft such as the Eliot Bernstein and Iviewit Technologies Stolen Patent, seem like a Simple "Standard of Practice"...
Pay Attention Folks as more Unfolds on the Connections, Cronism and Conflicts of Interest of Proskauer Rose LLP - Ex-Judge Judith Kaye, Andrew Cuomo ( whose Father Appointed Judith Kaye) and how this all relates to court corruption in New York...
posted here by Investigative Blogger
Crystal L. Cox
More on the Iviewit Stolen Patent at
www.DeniedPatent.com and www.Iviewit.TV
The choice was a gamble: The judge, a longtime court administrator, did not have a long history of deciding cases, and there was almost no record of his political views.
Judge Jonathan Lippman has helped turn the Court of Appeals into a scrappier, more divided and more liberal panel, its rulings and court statistics show.
Now, a year in, the parameters of the Lippman court are coming into focus. He has helped turn the Court of Appeals into a scrappier, more divided and more liberal panel, its rulings and court statistics show.
To get the rulings he wants, the decisions show, the new chief judge has built alliances case by case with each of the four judges who were nominated by the last Republican governor, George E. Pataki, cracking the conservative majority.
The changes to the culture of the court, New York’s highest — which has sometimes been one of the most influential state courts in the country — are especially striking when Chief Judge Lippman’s approach is compared with the judicial style of his predecessor, Judith S. Kaye. She had prized unanimity.
In the past year, the court has issued a series of sharply divided decisions that have been surprising from a judicial body with a clear 4-to-3 conservative majority. They have included decisions favoring criminal defendants and injured workers, expanding environmental challenges and extolling individual rights against the police.
“The message he is sending is he doesn’t mind fighting for a much more progressive direction at the court,” Vincent M. Bonventre, a professor at Albany Law School who studies the court, said of Judge Lippman.
Though fiscal and political problems have plagued Mr. Paterson, a Democrat, Judge Lippman’s nomination may be one of his most enduring accomplishments in shaping policy. Judge Lippman, 64, does not reach mandatory retirement age until 2015.
Noting that the Supreme Court had yet to rule on questions presented by Global Positioning Systems, for example, the Court of Appeals ruled 4 to 3 that the State Constitution barred the police from placing GPS tracking devices on cars without a warrant.
A different Republican judge joined the three Democratic appointees in another divided ruling, this one striking down a youth curfew in Rochester as unconstitutional, though other courts around the country have approved such laws.
The Lippman court has also shifted ground on worker injury suits, saying that in the past the court too rigidly limited some of them. It has also signaled a new interest in arguments from criminal defendants, sharply increasing, at Judge Lippman’s urging, the number of appeals it is considering.
In an interview, Judge Lippman acknowledged that he had a different approach from that of Judge Kaye, a longtime collaborator in running the courts.
She was also nominated by a Democrat, former Gov. Mario M. Cuomo, but during her nearly 16 years as chief judge, she often worked for unified rulings.
“I am a result-oriented person,” Judge Lippman said, “and the result I am looking for is not necessarily unanimity.”
According to the court, unanimous rulings declined from about 82 percent during 2008, Judge Kaye’s final year, to 69 percent in Judge Lippman’s first year.
During Judge Kaye’s tenure, the court became more conservative partly because of the arrival of the four Pataki judges. Professor Bonventre, the Albany Law School expert, said that divided decisions became more common in Judge Kaye’s final years but that dissents increased further after Judge Lippman arrived.
The rulings indicate that on occasion, Judge Lippman has tailored his arguments to attract one of the four Pataki judges.
In a decision he wrote in September, the court waded into politics by overruling two lower courts that had said Mr. Paterson’s appointment of Richard Ravitch as lieutenant governor was unlawful.
That view, Judge Lippman wrote, would “frustrate the work of the executive branch.”
It was an argument that seemed crafted to appeal to Judge Susan P. Read, a staunch conservative but a former top legal adviser to Governor Pataki, who was not shy about exerting executive authority. It was a party-line vote, except that Judge Read broke with the other Pataki appointees.
In the environmental case, Judge Lippman and the other two Democratic appointees aligned with two of the Republican-appointed judges, Victoria A. Graffeo, a onetime Republican legislative lawyer, and Robert S. Smith, who had sometimes expressed libertarian views.
The decision, written by Judge Smith, appeared to involve tradeoffs.
It tartly noted that the suit sought to kill a proposed hotel to protect obscure species, the Eastern spadefoot toad and the worm snake.
The hotel got a green light. But in the process, the case gave environmentalists one of their most important court victories in New York in nearly 20 years. The majority said a 1991 ruling of the court had been too narrowly applied to limit those who could bring such suits to immediate neighbors.
Stephen F. Downs, the lawyer for Save the Pine Bush, the Albany group that brought the suit, said someone on the bench seemed to be paying for an environmental victory with a defeat for the spadefoot toad. “My impression,” Mr. Downs said, “was there was a certain amount of horse trading that went on.”
That would be vintage Lippman, people who know him say. He was a get-things-done administrator, said a retired judge, Betty Weinberg Ellerin, who has known him throughout his 38-year legal career. ""
Source of Post
http://www.nytimes.com/2010/02/18/nyregion/18lippman.html
New York Court Corruption, Affiliations and Conflicts of Interest. Time for Accountability in the New York Courts. Time Whistleblowers were heard and time Proskauer Rose to be accountable for their actions. The Iviewit Stolen Patent Case has many players, however Proskauer Rose is the Patent Attorney that STOLE the Trillion Dollar Patent and Judge Judith Kaye and Her Connections to Proskauer Rose through her Husband.. Stephen Kaye made a Trillion Dollar Patent Theft such as the Eliot Bernstein and Iviewit Technologies Stolen Patent, seem like a Simple "Standard of Practice"...
Pay Attention Folks as more Unfolds on the Connections, Cronism and Conflicts of Interest of Proskauer Rose LLP - Ex-Judge Judith Kaye, Andrew Cuomo ( whose Father Appointed Judith Kaye) and how this all relates to court corruption in New York...
posted here by Investigative Blogger
Crystal L. Cox
More on the Iviewit Stolen Patent at
www.DeniedPatent.com and www.Iviewit.TV
Tuesday, March 2, 2010
Testimony of Eliot Bernstein
Testimony of Eliot Bernstein @ 4.02.08
www.Iviewit.TV for More Information
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Testimony of Eliot Bernstein
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