OpEdNews – Article: Fukushima Denial/Awareness

 

Fukushima Denial/Awareness

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By carol wolman, MD (about the author)
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Dr. Wolman is a psychiatrist who has been working to raise nuclear consciousness for 50 years. See Nuclear Terror and Psychic Numbing By CAROL WOLMAN, MD http://www.counterpunch.org/wolman12082003

Many people don’t recognize the name Fukushima until they are reminded- This is the nuclear power complex that was hit by the earthquake and tsunami last March. Like most people, I assumed the damage was immediate, not too serious in terms of consequences, and well contained.

US Senator Wyden (D- OR) took the trouble to tour the crippled plant this past April, and was alarmed. He found the damage much worse than he expected, and was especially concerned about the spent fuel rods from reactor #4 sitting in a pool 100 feet above the ground, open to the elements, in an unstable building, in an active earthquake zone.

Since his press release, reports and rumors have been flying around the internet. Some scenarios are pretty dire: an earthquake could topple the spent fuel pool, spilling out the water which keeps the rods cool, leading to an unquenchable fire which would spew out 9 times as much radiation as Chernobyl. Or reactor #2, which has a low level of water and some hydrogen buildup, could explode, again releasing huge amounts of radiation. Either of these scenarios could wipe out life in the Northern hemisphere, or on the entire planet, according to Arne Gunderson, a nuclear engineer who supervised the Three Mile Island cleanup. Many others are issuing similar warnings.

Then there’s concern about coriums, the ultra-hot residue of metal and fuel resulting from a nuclear meltdown. Three of the reactors at Fukushima melted down. The coriums are burrowing down into the earth and could possibly hit a layer of steam or methane that would explode and crack the earth’s mantle.

On the other hand, there are reassurances coming out of Japan and the World Health Organization that the amount of radiation released so far isn’t dangerous to health, and that all the reactors and spent fuel pools at Fukushima are under control and stable.

What to believe? How worried should we be? Here in California, we are directly in the path of winds and ocean currents coming from Japan. Information about the state of the reactors and the level of radiation in various places has been hard to come by. For that reason, I’ve launched a petition http://www.change.org/petitions/senators-boxer-and-feinstein-investigate-the-ongoing-danger-from-the-fukushima-nuclear-reactors

The Fukushima complex is owned by the Toyko Electric Energy Company- TEPCO, which has known associations with the Japanese underworld. TEPCO has conducted few inspections of the facility, and is refusing to allow outsiders to inspect. The plant was recently nationalized by the Japanese government, and has been toured by several ministers, who say that the cleanup is good as far as it goes, but always hedge in some way. We can hope for more transparency and more vigorous efforts to take care of the multiple dangers that are ongoing as the government takes charge.

It’s easy to ignore or deny the ongoing danger from Fukushima, for a number of reasons. Japan experienced a triple catastrophe in March 2011- earthquake, tsunami, and nuclear meltdowns. Since the first two were short-lived. self-limiting events, with recovery from both well under way, it’s easy to put Fukushima into the same category. But unlike an earthquake or tsunami, which wreaks havoc and then is finished and done with, a damaged nuclear facility is like a wounded beast- exceedingly dangerous and hard to control. The aftereffects can last for thousands, even millions of years. But unlike earthquakes and floods, radiation cannot be seen, heard, smelled, experienced directly. The effects of cancer, sterility, birth defects, etc often don’t occur until years later. Without an immediate and tangible threat, it’s easy to push the menace of Fukushima out of our consciousness.

We’ve lived with thermonuclear weapons, thousands of them, perched on top of missiles in a number of countries, on hair trigger alert, for 60 odd years. Despite the bitter animosities among nuclear nations, and the occasional hot wars, these devastating weapons have not been detonated, the feared nuclear holocaust which would wipe out life on earth has not occurred, and so we’ve relaxed our vigilance. We’ve come to trust that our species is able to control the genie which was unleashed in 1945. We don’t pay attention to the radioactive dust emitting deadly alpha particles now blowing around the planet from the use of “depleted” uranium weaponry. Similarly, we’ve embraced nuclear energy, ignoring the omnipresent problem of spent nuclear fuel, for which no good means of disposal has yet been found.

There is enormous, but deeply buried fear associated with nuclear disaster. It affects the very stuff of life, the DNA, the basic genetic code for all living beings- animal, vegetable, bacterial. We all have the image of a mushroom cloud tucked away deep in our brain, with lots of rationalizations for ignoring it, and living as if the threat of annihilation was not ever-present. There is deep despair, psychic numbing, a sense of great helplessness and inability to affect the situation. The science is intimidating, the governments and agencies involved seem out of reach, the media is untrustworthy. So the general public uses the strategy of ignoring the problem.

What can we do to empower ourselves and deal realistically with the ongoing threat posed by the Fukushima nuclear disaster?

First, we must look at the urgency. As the NYT puts it: W hether the chances (of disaster) are small or large, changes should be made quickly because of the magnitude of the potential calamity. http://www.nytimes.com/2012/05/27/world/asia/concerns-grow-about-spent-fuel-rods-at-damaged-nuclear-plant-in-japan.html?pagewanted=1&_r=2

I highly recommend this article, which presents a balanced overview of the situation.

Secondly, we must mobilize public support to force this quick change. The Japanese government seems more intent on reassuring people than on accelerating the cleanup. This is understandable, given the enormous expense required- estimated at $500 BILLION dollars. Japan should ask for international assistance, especially since the entire planet would be affected by another explosion at Fukushima. This step has not been taken, and international pressure is required to bring it about.

Nuclear disaster affects everyone- the 1% as well as the 99%. It does not discriminate on the basis of skin color, religion, political affiliation, neighborhood, sexual orientation, or any of the other variables which tend to divide people. Unlike the threat of nuclear war, the Fukushima situation is nonpartisan, so that national loyalties and ideologies don’t come into play. This should make it easy for people to unite around the threat from the damaged reactors.

What’s needed is for people to overcome denial and become aware. I recommend several measures:

  1. A simple Geiger counter can be had for under $100. The ability to detect increases in radiation oneself rather than relying on biased government or industry sources is empowering. Every neighborhood should have one.

  2. Information IS available, if one searches for it. http://enenews.com is the best website I’ve found for comprehensive, up to the minute news about Fukushima.

  3. We need to make the situation at Fukushima a priority. There are so many issues demanding our attention these days- ecological, humanitarian, political- that it’s hard to put one ahead of the rest. But the level of threat to all living beings posed by the instability at Fukushima is equivalent to a forest fire almost out of control- it must be attended to, NOW.

  4. We need to overcome the social taboo against discussing nuclear threats, and express our concerns- to our family, friends, neighbors, political representatives.

  5. We need to get together and organize to put pressure on the US govenrment, to pressure the Japanese government, to allow outside supervision and assistance. Meetups, town meetings, other events would be helpful.

  6. An independent, ongoing watchdog group is essential, both to monitor the cleanup and to put out warnings if more problems arise. We need to lobby to make this happen. My petition http://www.change.org/petitions/senators-boxer-and-feinstein-investigate-the-ongoing-danger-from-the-fukushima-nuclear-reactors is addressed to the California senators, since California will be heavily affected by any new disaster at Fukushima. Pressure from the US may be the best way to force Japan to bring in international monitoring and assistance.

    We have a choice. We can deny the imminent threat posed by the damaged reactors, or we can unite and work together to demand that all possible measures be taken, as quickly as possible, to defuse the danger.

Take action — click here to contact your local newspaper or congress people:
Investigate the ongoing danger to the US from the Fukushima reactors

Click here to see the most recent messages sent to congressional reps and local newspapers

Carol S. Wolman, MD is a psychiatrist in Northern California. A lifelong peace activist, she is helping to distribute a Peace Plan for the Holy Land- email her for a copy.

OpEdNews – Article: Fukushima Denial/Awareness

Certified Forensic Loan Auditors, LLC | AG Biden Says $25B Settlement Not the End, Securitization Next

 

AG Biden Says $25B Settlement Not the End, Securitization Next

mortgagenewsdaily.com | May 16, 2012

Delaware Attorney General Beau Biden said recently that the states’ attorneys general need to make it clear that the recent $25 billion settlement with five major banks is the beginning not the end of their enforcement actions.   Biden, speaking on MSNBC’s Morning Joe said the savings and loan crisis cost the economy $168 billion and 1,000 people went to jail.  “This crisis, which was man made,” he said, “cost the economy trillions and I can’t really find anyone who has been held accountable.”

Show co-host Willie Geist asked Biden who he was focusing on, who did he think should be in jail?  Biden said one area he, New York Attorney General Eric T. Schneiderman and others are looking at is the securitization aspect, “whether or not there were false securities, mortgage-backed securities, sold to investors.  That affects borrowers as well.”

He noted that Missouri Attorney General Chris Koster recently indicted DOCX and its CEO Lorraine Brown.  This is relevant, Biden said, because this woman has become famous, on 60 Minutes and so forth, because she signed thousands upon thousands of foreclosure affidavits.  “Chris Costner indicted her for forgery.  That’s the kinds of thing we need to begin to do.”  He said that investigations need to go beyond robo-signing and that people must be held accountable.  “People are angry,” he said.  “Republicans, Democrats, Tea Partiers and 99 Percenters are all angry that no one has been held accountable for something they know is obviously fraught.  And that’s my job as AG.”

Certified Forensic Loan Auditors, LLC | AG Biden Says $25B Settlement Not the End, Securitization Next

About Us | Foreclosure Defense Nationwide – Mortgage Foreclosure Help – Free Advice

 

Jeff Barnes

WILLIAM JEFF BARNES, ESQ.

Jeff is the founder of the Foreclosure Defense Nationwide (FDN) website and blog. His law practice is primarily oriented towards defense of foreclosure actions throughout the United States, with his Firm having represented victims of foreclosure and predatory lending practices with local counsel where required in the states of Alaska, Arizona, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Maryland, Michigan, Missouri, Minnesota, Missouri, Montana, New Jersey, New York, Ohio, Oregon, South Carolina, Tennessee, Texas, Vermont, Washington, and Wisconsin.

Jeff has been a member of the Florida Bar since 1988 and is also a member of the Colorado Bar, first admitted in 1990. Before concentrating full-time on foreclosure defense, he had been previously admitted to practice in several state courts, including the Superior Court for the State of New Jersey (Atlantic City); the Hennepin County Circuit Court (Minnesota); the Norfolk Superior Court (Commonwealth of Massachusetts); the Circuit Civil Court of Walker County, Alabama; and the Superior Court for the State of California (Orange County).

He is also admitted to several Federal Courts, including the United States District Court for the Southern and Middle Districts of Florida and the United States Courts of Appeals for the Third, Tenth and Eleventh Circuits. Jeff has been previously admitted to practice pro hac vice in the United States District Court for the District of Minnesota (Duluth); the United States District Court for the District of New Jersey (Newark); the United States District Court for the District of Wyoming; and the United States Bankruptcy Court for the Northern District of California (San Jose Division), and is currently admitted pro hac vice to the United States District Court for the Northern District of Ohio (Eastern Division); the United States District Court for the District of Oregon (Portland Division); the United States Bankruptcy Court for the Western District of Washington; and the United States District Court for the Middle District of Tennessee (Nashville Division).

Jeff has been admitted pro hac vice to the Superior Court of New Jersey, Chancery Division (numerous counties, including Atlantic, Ocean, Monmouth, Morris, Glouster, Burlington, and Passaic); the Superior Court for the Commonwealth of Massachusetts (Plymouth); the Superior Court for Flathead County (Montana); the Superior Court of Coweta County (Georgia); the Superior Court of Washington (Ferry County); the District Court for Kootenai and Bonner Counties (Idaho); Hancock County Superior Court (Indiana); Iowa District Court (Greene County); Kern County Superior Court (California); San Bernadino County Superior Court (California); Washetenaw County (Michigan); Mahoning County (Ohio); Maricopa County Superior Court (Arizona); Pima County Superior Court (Arizona); the Hawaii First District Court (Honolulu); the Hawaii Second District Court (Maui); the Kenosha County Court (Wisconsin); The Superior Court for Washington County, Vermont; the Circuit Courts of Oregon (Clackamas, Multnomah, and Crook Counties); and the Circuit Court of the 17th Judicial Circuit (Winnebago County, Illinois); all such admissions and applications being in connection with foreclosure defense litigation representing borrowers. Mr. Barnes does not represent any banks, “lenders”, servicers, trustees of securitized mortgage loan trusts, trustee sale companies, or any others who seek to foreclose.

Jeff has spent over twenty-two years litigating throughout the United States in the areas of business tort litigation, contract litigation, insurance litigation (coverage, claims, premium fraud defense, and Unfair and Deceptive Insurance Practices), fraud litigation, real estate litigation, and Administrative proceedings involving defense of chiropractors in disciplinary proceedings, and appeals in deportation proceedings following the enactment of the Illegal Immigration Reform and Responsibility Act. His practice includes both trials (jury and non-jury) and appeals at both the state and Federal level, and opposing Proofs of Claim and Stay relief Motions in Bankruptcy proceedings involving foreclosure issues. Jeff has also been a Certified Mediator and Arbitrator certified by the Supreme Court of Florida, and also previously obtained status as a Qualified Neutral in the State of Minnesota.

After graduating from Franklin & Marshall College in Lancaster, Pennsylvania with a degree in Experimental Psychology, Jeff obtained a Master of Science degree in Education and his Juris Doctor (law) degrees from the University of Miami (Florida). Between graduation from college and prior to law school, Jeff was a public and private school teacher in Miami, Florida, having taught elementary, junior, and senior high students, as well as serving as an assistant adjunct professor at Florida International University in the areas of Behavioral Science Statistics and Preventive Law to Master’s and Doctoral candidates. While in law school, Jeff served as a prosecutor in the Office of the State Attorney in Miami, Florida during law school.

FDN handles foreclosure defense matters in both judicial and non-judicial (trustee) jurisdictions and is affiliated with securitized trust auditors and investigators; mortgage loan auditors, certified fraud examiners, and paralegals who conduct a wide-ranging review of mortgage documents to ascertain any violations of Federal lending laws, loan tracking rhrough securitizations, applicable insurances, and other issues. Amortgage loan examination or audit is strongly recommended for anyone seeking to defend a foreclosure action. FDN will provide contact information for an auditor or loan examiner upon request made through our “Contact Us” link.

FDN’s local counsel network currently embraces thirty-nine (39) separate law Firms throughout the United States and continues to grow.

About Us | Foreclosure Defense Nationwide – Mortgage Foreclosure Help – Free Advice

The Securitization Curtain is Lifting in Hawaii! | Deadly Clear

Deadly Clear

Derivatives are financial weapons of mass destruction… potentially lethal. -Warren Buffet

The Securitization Curtain is Lifting in Hawaii!

Posted on March 29, 2012 by Deadly Clear

“One of the most important decisions for Borrowers Rights in the history of Hawaii has been made with this decision,” remarked Honolulu attorney Gary Dubin. Honorable Judge J. Michael Seabright of the Hawaii United States District Court, today GRANTED the homeowners’ Motion to Dismiss the case filed against them in federal district court by Plaintiff Deutsche Bank National Trust Company, as Trustee Morgan Stanley ABS Capital I Inc. Trust 2007-NC1 Mortgage Pass-Through Certificates, Series 2007-NC1.

The Williamses (Leigafoalii Tafue Williams and Papu Christopher Williams), who were represented by Honolulu attorney, James J. Bickerton (Jim), of Bickerton Lee Dang & Sullivan, filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), in which they argue, among other things, that Plaintiff has no standing to foreclose because it has not established that it was validly assigned the Mortgage and Note.

The Court noted that: “Because the court finds that Plaintiff has failed to establish its standing to bring this action, the court need not reach the Williamses’ other arguments for dismissal.”

Honorable Judge J. Michael Seabright gets it! And his ORDER was detailed. In the Discussion, Judge Seabright notes an argument that homeowners have being trying to persuade the courts (especially at the lower state levels) to grasp: STANDING and JURISDICTION.

Standing is a requirement grounded in Article III of the United States Constitution, and a defect in standing cannot be waived by the parties. Chapman v. Pier 1 Imports (US.) Inc., 631 F.3d 939,954 (9th Cir. 2011). A litigant must have both constitutional standing and prudential standing for a federal court to exercise jurisdiction over the case. Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 11 (2004). Constitutional standing requires the plaintiff to “show that the conduct of which he complains has caused him to suffer an ‘injury in fact’ that a favorable judgment will redress.” Id. at 12. In comparison, “prudential standing encompasses the general prohibition on a litigant’s raising another person’s legal rights.” Id. (citation and quotation signals omitted); see also Oregon v. Legal Servs. Corp., 552 F.3d 965, 971 (9th Cir. 2009).”

Let’s continue – but we’ll get back to that injury issue later in the post.

The WILLIAMSES’ ORDER continues: “The Williamses factually attack Plaintiff’s prudential standing to foreclose, arguing that there is no evidence establishing that Plaintiff was validly assigned the Mortgage and Note on the subject property. The issue of whether Plaintiff was validly assigned the Mortgage and Note is inextricably intertwined with the merits of the Plaintiffs claims seeking to foreclose…”

Of course, this was a New Century Mortgage (Home123) and the Plaintiffs were taking part in a fabricated assignment in 2009 to a 2007 Trust… (that boat had sailed 2 years before because theTrust had long since closed) – but even more compelling in the Motion to Dismiss-Memorandum was the Williamses assertion that New Century aka Home123 was in a liquidating bankruptcy as of August 1, 2008 and they had nothing to assign in January 2009.

Deutsche argued that the Williamses were not parties or beneficiaries to the assignment such that they cannot challenge it… [we’ve heard that before, yeah?]. However, the Judge Seabright clarifies a valid point:

“Plaintiffs argument confuses a borrower’s, as opposed to a lender’s, standing to raise affirmative claims. In Williams v. Rickard, 2011 WL 2116995, at *5 (D. Haw. May 25, 2011), — which involved the same parties in this action and in which Lei Williams asserted affirmative claims against Deutsche Bank – Chief Judge Susan Oki Mollway explained the difference between the two:

“…Standing” is a plaintiff’s requirement, and … Defendants must establish “standing” to defend themselves.”

Judge Seabright continues: ”Deutsche Bank asserts affirmative claims against the Williamses seeking to enforce the Mortgage and Note, and therefore must establish its legal right (i.e., standing) to do so. See, e.g., IndyMac Bank v. Miguel, 117 Haw. 506, 513, 184 P.3d 821, 828 (Haw. App. 2008) (explaining that for standing, a mortgagee must have “a sufficient interest in the Mortgage to have suffered an injury from [the mortgagor’s] default”).”

Attorney Bickerton faced off in court and explained to the Judge in oral argument that the banks didn’t just miss the date to file their assignments or needed to tidy up paperwork, this was a ‘Business model using the loans for overnight lending.’ Bickerton told the Court that if this wasn’t dismissed, his first line of discovery would be geared to uncover the outside financial advantages being derived from the use of the Williamses’ loan.

Understanding the premeditated intentions of these banks, how they pledge, collaterize, swap, sell, lease,and trade these loans that are SUPPOSED to have been in a static trust will open the eyes of lawmakers to the real moral hazard – the fraud upon the homeowners, the courts and the state.

Jim Bickerton profoundly says that, “every foreclosure in the state is a victim of this shadow banking scam.”

James J. Bickerton
Bickerton Lee Dang & Sullivan
Fort St Tower
745 Fort St Ste 801
Honolulu, HI 96813
808-599-3811
Email: bickerton@bsds.com

“Security trusts will no longer be able to hide behind the hocus pocus of the pooling and servicing agreements. The ramifications of this decision are extraordinary,” praises Gary Dubin.

INJURY – Remember that issue from above?

Let’s discuss the trusts. We can see by the assignments that they were not made timely and NY trust laws call them VOID. The REMIC has failed. But maybe the investors ARE getting paid with the behind the scenes shadow banking scheme.

And let’s suppose we can see the trading in the trust is active, numerous investors have already been paid off – where is the “injury”….hmmm?

We’re connecting the dots, people with above average intelligence are realizing, just like Judge Seabright, that there are huge schemes behind the scenes of an everyday mortgage that the borrower never intended to participate in… and eventually we’ll know whether the application for a mortgage started the securitization process before the borrower signed the note making them securities with no disclosure, how many insurance policies were attached to the loans and when (we never agreed to be over insured which would give someone the incentive to “off” us)… it’s coming soon – to a court room near you…

…and the Securitization curtain will be lifting for the big show.

___________________________________________________________________

Details by DeadlyClear

Honorable Judge J. Michael Seabright – Thank you. Mahalo!
This is why he gets the “Gets It” award:

http://archives.starbulletin.com/2005/04/28/news/story5.html

An assistant U.S. attorney who prosecuted several high-profile white-collar criminal cases here is on his way to becoming Hawaii’s fourth full-time federal judge. Michael Seabright: As an assistant U.S. attorney, he put three isle politicians behind bars.

The U.S. Senate voted 98-0 yesterday to confirm J. Michael Seabright as a U.S. district judge for the District of Hawaii. ”I’m very honored to have received that vote,” said Seabright, 46, an assistant U.S. attorney since 1990 and head of the white-collar crime section since 2002.

Image of the Honorable John Michael Seabright from http://www.grainnet.com/articles/usda_cited_by_federal_judge_for_permitting_violations_in_hawaii-36404.html