Delaware Supreme Court Sums Up Entire Gun Debate In Ruling

Delaware Supreme Court Sums Up Entire Gun Debate In Ruling

Delaware Supreme Court Sums Up Entire Gun Debate In Ruling


Posted at 6:00 pm on December 18, 2017 by Tom Knighton

(Photo by the Associated Press)

It’s not often that a court captures a debate perfectly in a sentence or two. After all, most debates are complex things that require layers of discussion.

However, the Delaware State Supreme Court just lowered the boom on restrictions that kept lawfully owned and carried firearms out of state parks. In the process, they summed up what we’ve been saying for years regarding firearms and gun control laws.

The Superior Court earlier upheld the ban based on the “important governmental objective of keeping the public safe from the potential harm of firearms in state parks and forests,” The Court did not believe the regulations violated any constitutional rights.

“But that conclusion is based on the questionable notion — unsupported by reference to any evidence – that outlawing possession of firearms in an area makes law-abiding citizens safer because criminals will, for some reason, obey the regulations,” the Supreme Court majority found.

This is it in a nutshell. That’s what we keep telling gun control zealots over and over, and they still persist in pretending that somehow gun laws will somehow keep criminals from using firearms.

It won’t. We know this because of what transpires in places like New York City, where just this past weekend there was a gunfight between groups of men. No police involvement, just bad guys.

The criminals do not follow the rules, so as a result, gun laws only impact the law-abiding.

Some have argued that this line of reasoning could also be applied to any crime as only the criminals break those laws as well, which is sort of true. The difference is that guns allow the law-abiding to protect themselves. Laws against murder protect me. Laws against guns make me far more likely to be a victim.

That’s the fundamental truth that led the Delaware Supreme Court to their ruling.

At no point will rules forbidding the carrying of firearms actually make anyone safer. The idea that they will betrays a fundamental ignorance in the gun grabbers’ line of thinking. They don’t and they never will.

It’s part of why so many Second Amendment advocates refuse to visit establishments where their firearms aren’t welcome. They know that if they comply with that rule, they may well be the only one who complies with it. The violent felon with anger management issues won’t care. He’ll ignore the law and we all know it.

That leaves me and mine disarmed except for the magical thinking of people who believe these rules actually accomplish anything.

For residents of Delaware, it seems clear that their supreme court has their back. It seems their court understands that rules only inhibit the lawful and does nothing to the criminal except, at best, add another charge they can have leveled against them. If that’s the goal, so be it, but don’t pretend it’s a safety issue.

Rules like that make Americans less safe, and we all know it. If only the gun grabbers would learn that lesson rather than pontificating endlessly on just how superior they are simply because they want to disarm the average American.

AJC.COM: Wells Fargo pays $108 million on fraud claim by Atlanta whistleblowers

Wells Fargo pays $108 million on fraud claim by Atlanta whistleblowers

Russell Grantham The Atlanta Journal-Constitution
Wells Fargo story:

Wells Fargo agreed to pay $108 million to settle claims that it defrauded veteran customers and taxpayers.

Wells Fargo & Co. has agreed to pay $108 million to the federal government to settle two metro Atlanta whistleblowers’ allegations that the bank charged fraudulent fees on veterans’ home refinancing loans.

The settlement award, disclosed Friday by an Atlanta firm representing the whistleblowers, is the largest so far to result from the 11-year-old lawsuit. Two former metro Atlanta mortgage brokers sued eight banks or mortgage lenders on behalf of the government. The lawsuit was filed in federal district court in Atlanta.

“We’re glad its over, at least as to Wells Fargo,” said one of the two whistleblowers, Victor Bibby. The second is Brian Donnelly.

In 2012, SunTrust Banks, JP Morgan Chase, Countrywide Home Loans and three other major lenders agreed to pay $162 million to settle similar allegations by the whistleblowers.

Another lawsuit is pending against a St. Petersburg, Fla., lender, Mortgage Investors Corp. In 2013, the lender laid off hundreds of employees and stopped making new home loans, blaming tougher regulations under the federal Dodd-Frank Act.

A Wells Fargo spokeswoman said the bank changed its methods for handling Veterans Administration refinancing loans several years ago to fix the alleged problems and settled the lawsuit to “put the matter behind us.”

The San Francisco bank, which is metro Atlanta’s second largest bank in terms of total deposits, has been bruised lately in a number of legal skirmishes over its practices.

Last year, the federal Consumer Financial Protection Bureau and other agencies alleged that the bank’s employees broke the law by opening more than 2 million credit card, checking and savings accounts without customers’ knowledge, in order to meet sales quotas and win bonuses.

Last month, Wells Fargo said it would refund customers after admitting that about 570,000 borrowers may have been wrongly pushed into auto insurance policies that they didn’t need.

In the Atlanta whistleblower case, which affected veteran homeowners across the nation, Bibby and Donnelly alleged that Wells Fargo illegally collected lawyers’ fees and closing costs from borrowers who refinanced their mortgages, even though such charges were barred under the VA’s refinancing program.

The bank hid the fees by mislabeling them, according to Atlanta law firm Butler Wooten & Peak, one of three firms that represented the whistleblowers.

The law firm said taxpayers also lost money due to the alleged fraud. Under the VA loan guarantee program, the agency paid Wells Fargo a portion of any loans on which the borrowers defaulted, even though the fraudulent fees would have negated the government loan guarantees.

Friday, Wells Fargo spokeswoman Crystal Drake said, “Today, we are settling this longstanding lawsuit, which did not seek any refunds for individual veterans, in order to put the matter behind us, and to focus on restoring trust in Wells Fargo.”

She said the bank had previously made compensation available to affected veterans.

“More than six years ago,” she added, “when questions about fees on certain Veterans Administration refinance loans were raised, we resolved those concerns by improving our internal controls to ensure that veteran customers only pay appropriate fees on refinances.”

Under the federal whistleblower’s act, known as the Federal False Claims Act, people with knowledge of wrongdoing by a company can sue on behalf of the government, and collect up to 30 percent of any resulting settlement or jury award.

“Ultimately the government decided not to participate” in the lawsuit, Butler Wooten said in a press release.

Jim Butler, with Butler Wooten, said the whistleblowers’ share of the $270 million in total settlements with the seven lenders is still being negotiated with the federal Justice Department.

MYAJC.COM: REAL JOURNALISM. REAL LOCAL IMPACT.

A TRUE MUST READ!

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

A MUST READ FOR EVERY AMERICAN!

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

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

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

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

Police Are More Dangerous To The Public Than Are Criminals

Paul Craig Roberts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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About Dr. Paul Craig Roberts 

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

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COPS ENJOY KILLING DOGS!

End The Police War On Dogs

From Rightwing News

RWN Milwaukee War On Dogs

 

For the doubters and excuse makers read this from RealClearPolitics

 

 

” Police officers receive extensive training about the use of force when it is applied against humans. But how many departments provide training on dealing with pets? Very few, says the Humane Society. This despite the fact that, according to a Justice Department paper (“The Problem of Dog-Related Incidents and Encounters”), 39 percent of U.S. homes have dogs.

  More than half of dog owners “consider their dogs family members,” it continues, “and another 45.1 percent view them as companions or pets.” Less than 1.5 percent view them as property.

  Do we really need systematic training to combat a few isolated incidents, however unfortunate? The question rests on a false premise. Civil liberties writer Radley Balko notes that over a nine-year period, Milwaukee officers killed 434 dogs — about one every eight days. And that’s just one city. Across the country, according to Justice, “the majority of (police) shooting incidents involve animals, most frequently dogs.”

  But surely those shootings occur because the animals themselves pose a serious threat, right? Nope. The Justice Department says not only that “dogs are seldom dangerous” but that even when they are, “the overwhelming majority of dog bites are minor, causing either no injury at all or injuries so minor that no medical care is required.” “

Georgia Gun Laws

http://beforeitsnews.com/alternative/2014/03/massive-georgia-gun-rights-bill-passes-legislature-at-last-minute-video-2923916.html

Massive Georgia gun-rights bill passes legislature at last minute (VIDEO)

Saturday, March 22, 2014 12:12

(Before It’s News)

Rep. Rick Jasperse (R-Jasper) celebrates after his gun bill received final passage in the House after 11 p.m. on the last day of the session Thursday evening. (Photo credit: Ben Gray/Atlanta Journal Constitution)

 

Rep. Rick Jasperse (R-Jasper) celebrates after his gun bill received final passage in the House after 11 p.m. on the last day of the session Thursday evening. (Photo credit: Ben Gray/Atlanta Journal Constitution)

The sweeping gun-rights bill that has been winding its way through the past two legislative sessions in the Georgia state legislature passed in the last hours of the current session.

The bill, HB060, legalizes the use of suppressors for hunting in the state and allows guns in several areas that previously were off limits, such as in unsecured areas of airports.

“The House has finally come along for Georgia’s gun owners,” said Sen. Bill Heath, R-Bremen on the legislation.

House Bill 60 was introduced into the state House over a year ago before finally passing that body on Feb. 13, 2014 by a landslide 167-3 vote. Then followed a month of being passed back and forth between the Georgia House and Senate with various amendments clarifying the measure’s sections on legalizing suppressors and allowing guns in churches.

The House, sending the bill to the governor’s desk, confirmed the final version, which passed the Senate on Mar. 18 by a 37-18 vote, Thursday.

One of the few changes in the final bill from the original version included dropping language that would have allowed guns in churches. Instead, unless a church itself expressly allows guns on its property, it will remain illegal.

“Churches would have to vote on it,” said Melinda Ennis, who heads Moms Demand Action for Gun Sense in Georgia. “The clergy didn’t ask for this and they don’t want it. They wonder why it was put on their plate to deal with when they have so many other matters of faith.”

Meanwhile. those in the firearms industry noted the bill’s inclusion of suppressors, which would now be legal for hunting in the Peachtree State.

“We are pleased by the growing appreciation by state legislators and wildlife managers of the benefits sound suppressors provide to hunters and target shooters,” Larry Keane, National Shooting Sports Foundation senior vice president and general counsel, told Guns.com Friday. “We look forward to actively supporting legislation in other states.”

Legislation backing expanded use of suppressors as well as increases in concealed carry laws have been sweeping the country in recent months. South Carolina’s governor signed a new law in February to allow carry in bars and restaurants that serve alcohol whereas North Carolina greatly expanded their concealed carry laws in 2013.

House Bill 60 now heads to the desk of Georgia Gov. Nathan Deal (R) for signature.

The post Massive Georgia gun-rights bill passes legislature at last minute (VIDEO) appeared first onGuns.com.

Source: http://www.guns.com/2014/03/22/massive-georgia-gun-rights-bill-passes-legislature-last-minute-video/?utm_source=rss&utm_medium=rss&utm_campaign=massive-georgia-gun-rights-bill-passes-legislature-last-minute-video

Grey Wolves and the ESA, What’s Next?

For the wolves

Wolves and Writing

The recent news that the U.S. Fish and Wildlife Service has halted their plans to remove the grey wolf  from the Endangered Species Act (ESA) imparts a feeling of guarded hope.

Why the indefinite delay was ordered is unclear, but perhaps the pressure exerted by the general public, government officials and wildlife biologists has had an effect.

Last week, a letter sent to Interior Secretary Sally Jewell from Arizona Congressman Raul Grijalva urged the pause on delisting to be made permanent. Grijalva states,  “Now is the time to support full wolf recovery, not shut down our efforts.”

Other letters in support of the grey wolf have also made their way to Jewell’s office. One from the American Society of Mammologists explains that the society members anticipate the day when wolves no longer need federal protection, but they add, “… we believe it is premature to declare that that day has arrived.”

Sixteen…

View original post 507 more words

This is Scary, This Guy Used to Give Me A Ride to Church on Wed. Nights

All the way up to this guy’s arrest, he was giving me rides to church on Wednesday nights.  I was 12/13 years old.

I had heard that he had been arrested for murder, but for many years, until today, had not remembered that much about it or thought about it much.  I guess we block things like that out of our minds when we are young.

I give thanks that it was not me, and cry for the family of those little girls.

 

Virgil Delano PRESNELL Jr.

Classification: Murderer

Characteristics: Rape

Number of victims: 1

Date of murder: May 4, 1976

Date of birth: 1953

Victim profile: Lori Ann Smith (female, 8)

Method of murder: Drowning

Location: Cobb County, Georgia, USA

Status: Sentenced to death on October 1976


Virgil D. Presnell Jr., was sentenced to death in October 1976 in Cobb County. Five months earlier, on May 4, 1976, he kidnapped two schoolgirls. Presnell confessed to laying in wait for the 10- and 8-year-old girls. He raped and sodomized the older girl, and when 8-year-old Lori Ann Smith tried to run away, he drowned her in a stream.

According to Cobb County D.A. Patrick Head, Presnell was retried in 1999 and given the death penalty again. “There is no doubt as to Presnell’s guilt,” says Head. “But here we are, 31 years later, and he is still sitting on death row.”


PRESNELL v. THE STATE.

S01P0590.

Living Lies/Neil Garfield on Georgia

http://livinglies.wordpress.com/2013/03/15/wake-up-georgia-courts-are-opening-the-door-on-wrongful-foreclosure/

http://livinglies.wordpress.com/2013/03/15/wake-up-georgia-courts-are-opening-the-door-on-wrongful-foreclosure/

Wake Up Georgia: Courts Are Opening the Door on Wrongful Foreclosure

Posted on March 15, 2013 by Neil Garfield

PRACTICE AND PROCEDURE IN GEORGIA

If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 (East Coast, including Georgia – the Atlanta Area) and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to provide any legal advice, but they can guide you toward some of our products and services.

The selection of an attorney is an important decision and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.

Editor’s Note: For years Georgia has been considered by most attorneys to be a “red” state that, along with states like Tennessee showed no mercy on borrowers because of the prejudgment that the foreclosure mess was the fault of borrowers. For years they have ignored the now obvious truth that the defective mortgages and wrongful foreclosures do make a difference.

Now, reflecting inquiries from Courts below who are studying the the issue instead of issuing orders based upon a knee-jerk response, the State has taken a decided turn toward the application of law over presumption and bias. There is even reason to believe that the door is open a crack for past wrongful foreclosures, as the Courts grapple with the fact that thousands of foreclosures were forced through the system by strangers to the transaction and thousands of wrongful foreclosure suits have been dismissed because of the assumption by judges that no bank would lie directly to the court. It was a big lie and apparently the banks were right in thinking there was little risk to them.

Look at Pratt’s Journal of Bankruptcy Law February/ March Issue for an article on “Foreclosure Law in the Wake of Recent Decisions on Residential Mortgage Loans: The Situation in Georgia” by Ashby Kent Fox, Shea Sullivan and Amanda Wilson. Our own lawyers have out in front on these issues for a couple of years but encountering a lot of resistance — although lately they are reporting that the Courts are listening more closely.

The Georgia Supreme Court has now weighed in (Reese v Provident) and decided quite obviously that something is rotten in Georgia. Focusing on Georgia’s foreclosure notice statute but actually speaking to the substantive defects in the mortgages and foreclosures, the majority held, as a matter of law, that

o.c.G.a. § 44-14- 162.2(a), requires the person or entity conducting a non-judicial foreclosure of a residential mortgage loan to provide the borrower/debtor with a written notice of the foreclosure sale that discloses not only “the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor” (the language that appears in the statute), but also the identity of the “secured creditor” (not required by the statutory language, but which the majority inferred based on legislative intent). the majority further found that the failure to identify the “secured creditor” in the foreclosure notice renders the notice, and any subsequent foreclosure sale, invalid as a matter of law.

Once again I caution litigators that this will not dispose of your case permanently and that such rulings be used strategically so that you are not another hallway lawyer explaining how you were right but the judge ruled against you anyway. Notice provisions can be cured, non-existent transactions cannot be cured. Leading with the numbers (the money trail” and THEN using decisions like this to corroborate your argument will get you a lot more traction than leading with defective paperwork.

As I have said repeatedly, no judge, no matter how sympathetic to borrowers is going to give much relief when the borrower has admitted the debt, note, mortgage and default. These must be denied and lawyers should study up on the subject as to why they can and should be denied, and to persevere through discovery to show that the note, mortgage, default and even the debt have all been faked by strangers to the transaction.

Forcing the opposing side to show that they are a bona fide holder FOR VALUE will flush out the truth — that originator in nearly all cases was never the lender, creditor or even broker. They were simply paid naked nominees just like MERS, leaving no real party in interest on the note or mortgage, no consideration between the parties stated on the note and mortgage or notice of default, and no meeting of minds between the real lender (who is NOT in privity with the nominee lender) who, as an investor received a prospectus and Pooling and Servicing Agreement and advanced money under the mistaken belief they were buying bonds of an entity that either did not exist or was simply ignored by the investment banker and the other participants in the false securitization scheme that was used to cover-up a PONZI scheme.

Practice tips: DENY and DISCOVER. Ask for proof of payment and proof of loss. The assignments, the note and the mortgage are not proof of the debt, they are potentially evidence of the debt and the security agreement ONLY if the foundation is there (testimony by witness with personal knowledge, with exhibits of wire transfer receipts and wire transfer instructions, cancelled checks etc.) to show that the originator shown as payee and “Secured party” or “beneficiary” was lender of money.

Make them show that they booked the loan as a receivable with a reserve for default. Discover that they actually booked the transaction as a fee for service (shown on the income statement) and never entered it on their balance sheet.

And PLEASE study up on voir dire, objections and cross examination. If you are not quick and ready objections to leading questions and other issues might well be waived unless you interrupt the questioning as fast as you can stand up. If you study up on hearsay and the business records exception to hearsay you will discover that in practically no case were the business records qualified as exceptions to the hearsay rule. But if you don’t raise it, if you don’t have statutory and case law and even a memo on the subject the judge is going to rule against you. We are talking about good lawyering here and not bias amongst judges.

Land Records, Foreclosures, tax evasion

It is no secret that the foreclosure hell sweeping the country has resulted in a nightmare from hell. 

The land records of the past 300 years is in peril, as is your right to know who owns your Note, and who you are obligated to make your payments to.

There is an important Petition to sign to help your county keep the records in order.  It is one of the only safeguards that you, as a borrower have against the banksters.

Click the link, there are 100,000 signatures needed!

http://www.gopetition.com/petitions/mandated-national-land-record-audit.html

Those We Look to for Protection

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corrupt  photo

Phil Skinner, pskinner@ajc.com

U.S. Attorney Sally Yates (center) announces that ten local police officers have been arrested on corruption charges in a press conference at the Richard B. Russell Federal Building in downtown Atlanta on Tuesday Feb. 12th, 2013.

By Steve Visser

Staff

Federal authorities announced the arrest of 10 metro law enforcement officers Tuesday on charges of arranging protection for a street gang’s drug deals.

“Obviously the breadth of the corruption is very troubling,” said U.S. Attorney Sally Yates . “It is certainly the most (officers) this office has charged in a long time.”

The case began as a street gang investigation by the federal bureau of Alcohol, Tobacco, Firearms and Explosives, whose undercover agents learned that gangs had officers on the payroll for protection, Yates said. The FBI took command of the public corruption aspects of the case.

At least one officer recommended that the gang use a school parking lot to exchange drugs for cash because trading backpacks there would not look suspicious, Yates said at a 2 p.m. news conference.

The law enforcement officers arrested today were: Atlanta Police Department Officer Kelvin Allen, 42, of Atlanta; DeKalb County Police Department Officers Dennis Duren, 32, of Atlanta and Dorian Williams, 25, of Stone Mountain, Georgia; Forest Park Police Department Sergeants Victor Middlebrook, 44, of Jonesboro, Georgia and Andrew Monroe, 57, of Riverdale, Georgia; MARTA Police Department Officer Marquez Holmes, 45, of Jonesboro, Georgia; Stone Mountain Police Department Officer Denoris Carter, 42, of Lithonia, Georgia, and contract Federal Protective Services Officer Sharon Peters, 43, of Lithonia, Georgia. Agents also arrested two former law enforcement officers: former DeKalb County Sheriff’s Office jail officers Monyette McLaurin, 37, of Atlanta, and Chase Valentine, 44, of Covington, Georgia.

Civilians arrested today were: Shannon Bass, 38, of Atlanta; Elizabeth Coss, 35, of Atlanta; Gregory Lee Harvey, 26, of Stone Mountain, Georgia; Alexander B. Hill, 22, of Ellenwood, Georgia; and Jerry B. Mannery, Jr., 38, of Tucker, Georgia.

Some of the officers were retired and some were active duty. The highest rank was sergeant and the payoffs ranged as high as $7,000 per transaction. Each transaction involved at least five kilograms of cocaine, which carries a 10 year minimum sentence, Yates said.

Officers were involved in multiple transactions, provided escorts to dealers and buyers and offered to provided muscle if necessary to protect their clients, Yates said.

Yates said the investigation is ongoing and declined to say whether more officers would be arrested.

ATF Special Agent in Charge Scott Sweetow would not name the street gang involved but he suggested the public corruption aspects would be more far-ranging.

“I can say this is probably not the last you will be hearing of this case,” he said.

A press release from Yates’ office detailed the following allegations:

DeKalb County Police Department

Between October 2011 and November 2011, DeKalb County Police Officer Dennis Duren, working together with Bass, provided protection for what he and Bass believed were four separate transactions in the Atlanta area that involved multiple kilograms of cocaine. Duren and Bass accepted cash payments totaling $8,800 for these services. During the transactions, Duren was dressed in his DeKalb County Police uniform and carried a gun in a holster on his belt, as he patrolled on foot in the parking lots in which the undercover sales took place. After the first two transactions, Duren allegedly offered to drive his patrol vehicle to future transactions for an additional $800 fee, and afterward received an additional $800 in cash for using his patrol vehicle in the final transaction in November 2011. Duren and Bass are each charged with conspiring to commit extortion by accepting bribe payments and attempted possession with intent to distribute more than five kilograms of cocaine. Duren also is charged with possessing a firearm in furtherance of a drug trafficking crime.

Between January and February 2013, DeKalb County Police Officer Dorian Williams, working together with Mannery and Bass, provided protection for what he and Mannery believed were three separate transactions in the Atlanta area that involved multiple kilograms of cocaine. Williams and Mannery accepted cash payments totaling $18,000 for these services. During the transactions, Williams was dressed in his DeKalb County Police uniform and carried a gun in a holster on his belt, and he patrolled the parking lots in which the undercover sales took place in his DeKalb Police vehicle. During a meeting between the three transactions, Williams allegedly instructed Bass to remove any cocaine from the scene if Williams had to shoot someone during the upcoming sale. In another meeting, Williams suggested that future drug transactions should take place in the parking lot of a local high school during the afternoon, so that the exchange of backpacks containing drugs and money would not look suspicious. Williams and Mannery are each charged with conspiring to commit extortion by accepting bribe payments and attempted possession with intent to distribute more than five kilograms of cocaine.

Stone Mountain Police Department

Between April and September 2012, Stone Mountain Police Officer Denoris Carter, working together with Mannery, provided protection for what he and Mannery believed were five separate transactions in the Atlanta area that involved multiple kilograms of cocaine. For these services, Carter and Mannery accepted cash payments totaling $23,500. For all five transactions, Carter dressed in his Stone Mountain Police uniform. In four of the deals, he arrived in his police cruiser and either patrolled or parked in the parking lots in which the undercover sales took place and watched the transactions. During the final transaction in September 2012, Carter was on foot, displaying a firearm in a holster on his belt, and he walked through the parking lot in which the transaction took place and watched the participants. Finally, during one of the transactions, Carter agreed to escort the purchaser of the sham cocaine in his police vehicle for several miles, until the purchaser reached Highway 78. Carter is charged with conspiring to commit extortion by accepting bribe payments, attempted possession with intent to distribute more than five kilograms of cocaine, and possessing a firearm in furtherance of a drug trafficking crime.

Atlanta Police Department

Between June and August 2012, Atlanta Police officer Kelvin D. Allen, working together with Coss, provided protection for what he and Coss believed were three separate transactions in the Atlanta area that involved multiple kilograms of cocaine. Allen and Coss accepted cash payments totaling $10,500 for their services. For two transactions, Allen dressed in his Atlanta Police uniform and carried a gun in a holster on his belt. Allen patrolled on foot in parking lots in which the undercover sales took place and appeared to be monitoring the transactions. During a meeting after the three transactions, a cooperator gave Allen and Coss each a $1,000 bonus payment in return for protecting the three transactions. Allen and Coss are each charged with conspiring to commit extortion by accepting bribe payments and attempted possession with intent to distribute more than five kilograms of cocaine. Allen also is charged with possessing a firearm in furtherance of a drug trafficking crime.

MARTA Police Department

Between August and November 2012, MARTA Police Department Officer Marquez Holmes, working together with Coss, provided protection for what he and Coss believed were four separate transactions in the Atlanta area that involved multiple kilograms of cocaine. For these services, Holmes and Coss accepted cash payments totaling $9,000. During the transactions, Holmes was dressed in his MARTA Police uniform and carried a gun in a holster on his belt. In two of the transactions, Holmes patrolled on foot in the parking lots in which the undercover sales took place and monitored the transactions. During the other two deals, Holmes drove to the site in his MARTA police cruiser and parked next to the vehicles in which the undercover drug sale took place. Holmes is charged with conspiring to commit extortion by accepting bribe payments, attempted possession with intent to distribute more than five kilograms of cocaine, and possessing a firearm in furtherance of a drug trafficking crime.

Forest Park Police Department

Between October to December 2012, Forest Park Police Sergeants Victor Middlebrook and Andrew Monroe, sometimes working alone and at other times together, provided protection for what they believed were six separate drug deals in the Atlanta area, all involving multiple kilograms of cocaine. For his services in the first four transactions, Middlebook accepted cash payments totaling $13,800. During these transactions, Middlebrook wore plain clothes, but displayed his badge and a firearm in a holster on his belt. He patrolled on foot in the parking lots nearby the vehicles in which the undercover sales took place and appeared to be monitoring the transactions. For the final two transactions, both Middlebrook and Monroe provided security and were given cash payments totaling $10,400. Middlebrook again monitored the transactions on foot in plain clothes while displaying his badge and gun, while Monroe watched from his vehicle in the parking lot and afterward escorted the purchaser of the sham cocaine for several miles. Middlebrook and Monroe are charged with conspiring to commit extortion by accepting bribe payments and attempted possession with intent to distribute more than five kilograms of cocaine; Middlebrook is also charged with possession of a firearm in furtherance of a drug trafficking crime.

DeKalb County Sheriff’s Office

In January 2013, former DeKalb County Sheriff Jail Officer Monyette McLaurin, working together with Harvey, provided protection for what they believed were two separate drug transactions in the Atlanta area that involved multiple kilograms of cocaine. Harvey already had provided security for two undercover drug transactions in December 2012, falsely representing that he was a DeKalb County detention officer and wearing a black shirt with the letters “SHERIFF” printed across the back during the transactions. Harvey then stated that he knew other police officers who wanted to protect drug deals, and in January 2013 he introduced McLaurin as one of these officers. During a meeting to discuss future drug transactions, McLaurin falsely represented that he was a deputy employed by the DeKalb Sheriff’s office, even though his position as a jail officer ended in 2011. McLaurin and Harvey further stated during this meeting that they may need to kill another person who knew that Harvey had protected drug deals, if this person reported the activity to others.

During the two transactions in January 2013, McLaurin was dressed in a DeKalb County Sheriff’s Office uniform with a badge, and he carried a gun in a holster on his belt. He accompanied the undercover seller of the cocaine to pick up the drugs from a warehouse, counted the kilograms the seller received, and stood outside the purchaser’s vehicle during the actual transaction. He further discussed with the seller whether they should agree upon a signal for the seller to indicate that the sale had gone awry, requiring McLaurin to shoot the drug buyer. For their services, McLaurin and Harvey were paid $12,000 in cash. McLaurin and Harvey are each charged with attempted possession with intent to distribute more than five kilograms of cocaine and with possessing a firearm in furtherance of a drug trafficking crime.

Later in January 2013, McLaurin and Harvey introduced a second former DeKalb County Sheriff’s Jail Officer, Chase Valentine, to help provide security for future drug deals. Like McLaurin, Valentine falsely represented himself to be a DeKalb County Sheriff’s Deputy, even though his position as a jail officer ended in 2010. Together with Harvey, Valentine provided security for one undercover drug transaction on January 17, 2013, during which he wore a DeKalb Sheriff’s Office uniform and a pistol in a holster on his belt. During the transaction, Valentine escorted the seller to pick up the sham cocaine, counted the number of kilograms delivered, and stood outside the purchaser’s car during the actual transaction. For these services, Valentine received $6,000 in cash. Valentine is charged with attempted possession with intent to distribute more than 500 grams of cocaine and possession of a firearm in furtherance of a drug trafficking crime.

Federal Protective Services

In November 2012, Sharon Peters, who was a contract officer for the Federal Protective Services, worked together with Mannery to provide protection for what they believed were two separate transactions in the Atlanta area that involved multiple kilograms of cocaine. For these services, Peters and Mannery accepted cash payments totaling $14,000. For both transactions, Peters parked her vehicle nearby the cars where the sham drugs and money were exchanged, and watched the transactions. Before both transactions, Peters told others that she had her pistol with her in the car. Peters is charged with attempted possession with intent to distribute more than five kilograms of cocaine, and possession of a firearm in furtherance of a drug trafficking crime.

Imposter Clayton County Police Officer

Between December 2012 and January 2013, Alexander B. Hill falsely represented himself to be an officer with the Clayton County Police Department while providing security for what he believed were three separate drug transactions in the Atlanta area that involved multiple kilograms of cocaine. During an initial meeting, Hill wore a uniform that appeared to be from Clayton Police, but during the transactions he wore plain clothes and, for at least the first deal, a badge displayed on his belt. For these services, Hill received payments totaling $9,000 in cash. Hill charged with attempted possession with intent to distribute more than five kilograms of cocaine and with possession of a firearm in furtherance of a drug trafficking crime.

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