USDOJ: Loan Officer Pleads Guilty for Role in Mortgage Fraud Scheme That Resulted in More Than $6.5 Million in Losses

 

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Tuesday, April 17, 2012

Loan Officer Pleads Guilty for Role in Mortgage Fraud Scheme That Resulted in More Than $6.5 Million in Losses

WASHINGTON – A loan officer for a Florida mortgage company pleaded guilty late yesterday in the Southern District of Florida to one count of conspiracy to commit wire fraud for his role in a mortgage fraud scheme, Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida and Department of Housing and Urban Development (HUD) Inspector General David A. Montoya announced today. 
Alejandro Curbelo, 32, aka Alex Curbelo, of Miami, pleaded guilty before U.S. District Judge Joan Lenard.  Curbelo was indicted and arrested on Jan. 24, 2012.

According to court documents, from approximately February 2006 through July 2008, Curbelo was employed as a loan officer for Great Country Mortgage Bankers.  In this role, he assisted in the sales and financing of condominium units at two complexes in Florida – Dadeland Place and Pelican Cove on the Bay.  The borrowers Curbelo assisted at these two complexes were unqualified to obtain mortgage loans due to insufficient income, high levels of debts and outstanding collections. 

Curbelo admitted that he conspired with others to create and submit false and fraudulent Federal Housing Administration (FHA) mortgage loan applications and accompanying documents to a lender on behalf of the unqualified borrowers.  Curbelo and others offered the borrowers cash back after closing as an incentive for them to purchase the units.  These payments were not disclosed properly during the loan application process.  According to court documents, the closing costs were paid on behalf of the borrowers by interstate wire.  After the loans closed, the unqualified borrowers failed to meet their monthly mortgage obligations and defaulted on their loans. 

According to court documents, when the loans went into foreclosure, HUD, which insured the loans, was required to take title to the units and pay the outstanding loan balances to the lenders.  As of the date of the plea agreement, the actual loss related to Curbelo’s conduct that was paid by HUD was more than $6.5 million.

Curbelo is scheduled to be sentenced on June 25, 2012.  He faces a maximum prison sentence of 20 years. 

This case was investigated by the HUD Office of Inspector General, as participants in the Miami Mortgage Fraud Strike Force.  Trial Attorney Mary Ann McCarthy of the Fraud Section in the Justice Department’s Criminal Division is prosecuting the case with assistance from the U.S. Attorney’s Office for the Southern District of Florida.
This prosecution is part of efforts under way by the Financial Fraud Enforcement Task Force.  President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources.  The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes.

For more information on the task force, visit www.StopFraud.gov.

USDOJ: Loan Officer Pleads Guilty for Role in Mortgage Fraud Scheme That Resulted in More Than $6.5 Million in Losses

USDOJ: Alabama Real Estate Investor Agrees to Plead Guilty to Conspiracies to Rig Bids and Commit Mail Fraud for the Purchase of Real Estate at Public Foreclosure Auctions

 

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Friday, April 20, 2012

Alabama Real Estate Investor Agrees to Plead Guilty to Conspiracies to Rig Bids and Commit Mail Fraud for the Purchase of Real Estate at Public Foreclosure Auctions

WASHINGTON – An Alabama real estate investor has agreed to plead guilty and to serve prison time for his role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in southern Alabama, the Department of Justice announced today. To date, as a result of the ongoing investigation, three individuals and one company have pleaded guilty.

Charges were filed today in the U.S. District Court for the Southern District of Alabama in Mobile, Ala., against Lawrence B. Stacy of Mobile.  Stacy was charged with one count of bid rigging and one count of conspiracy to commit mail fraud.  According to the plea agreement, which is subject to court approval, Stacy has agreed to serve six months in prison.  Additionally, Stacy has agreed to pay a $10,000 criminal fine and to cooperate with the department’s ongoing investigation.

According to court documents, Stacy conspired with others not to bid against one another at public real estate foreclosure auctions in southern Alabama.  After a designated bidder bought a property at the public auctions, which typically take place at the county courthouse, the conspirators would generally hold a secret, second auction, at which each participant would bid the amount above the public auction price he or she was willing to pay.  The highest bidder at the secret, second auction won the property.

Stacy was also charged with conspiring to use the U.S. mail to carry out a scheme to acquire title to rigged foreclosure properties sold at public auctions at artificially suppressed prices, to make and receive payoffs to co-conspirators and to cause financial institutions, homeowners and others with a legal interest in rigged foreclosure properties to receive less than the competitive price for the properties. Stacy participated in the bid-rigging and mail fraud conspiracies from at least as early as May 2002 until at least January 2007.

“The Antitrust Division will continue to pursue vigorously the perpetrators involved in these real estate foreclosure auction schemes,” said Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division.  “Those who eliminate competition from the marketplace and prey on the misfortune of others will be held accountable for their actions.”

FBI Special Agent in Charge of the Mobile FBI office, Lewis M. Chapman recognized the perseverance of agents and prosecutors in this complex investigation.  Chapman stated, “This investigation sends the message that real estate fraud including antitrust violations will continue to be pursued in these tough economic times, no matter how intricate the scheme.”

Each violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals.  The maximum fine for a Sherman Act charge may be increased to twice the gain derived from the crime or twice the loss suffered by the victim if either amount is greater than the statutory maximum fine. Each count of conspiracy to commit mail fraud carries a maximum penalty of 20 years in prison and a fine in an amount equal to the greatest of $250,000, twice the gross gain the conspirators derived from the crime or twice the gross loss caused to the victims of the crime by the conspirators.

The investigation into fraud and bid rigging at certain real estate foreclosure auctions in southern Alabama is being conducted by the Antitrust Division’s Atlanta Field Office and the FBI’s Mobile Office, with the assistance of the U.S. Attorney’s Office for the Southern District of Alabama. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s Atlanta Field Office at 404-331-7100 or visit www.justice.gov/atr/contact/newcase.htm.

Today’s charges are part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force.  President Obama established the interagency task force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes.  For more information on the task force, visit www.StopFraud.gov.

USDOJ: Alabama Real Estate Investor Agrees to Plead Guilty to Conspiracies to Rig Bids and Commit Mail Fraud for the Purchase of Real Estate at Public Foreclosure Auctions

Federal Judge Magner: Wells Fargo’s Behavior “Highly Reprehensible” – Mandelman Matters

 

Federal Judge Magner: Wells Fargo’s Behavior “Highly Reprehensible”

Does anyone know what’s happened at Wells Fargo Bank?  If so, please let the rest of us know, because in a line up of TBTF bank CEOs, to stand out as being particularly awful is no easy task… and yet Wells Fargo’s CEO, John Stumpf has risen to the challenge and then some.

At the beginning of April of this year, Judge Elizabeth Magner, a federal bankruptcy judge in the Eastern District of Louisiana, characterized Wells Fargo’s behavior as being “highly reprehensible.”  Think about that for a moment.  That means that the judge decided that to describe Wells Fargo as merely “reprehensible,” wasn’t enough.

Wow, that is something.  Can you imagine someone saying that about you… a federal judge, no less?  I’m thinking that if a federal judge ever has the occasion to describe my behavior as being worse than “reprehensible,” I’m going to jail for a long time.

Of course, no danger of anything like that happening here… bankers don’t go to jail in this country, every one knows that.  But, in this instance, after more than five years in litigation with a single homeowner, Judge Magner ordered Wells Fargo to pay the New Orleans man $3.1 million in punitive damages.

Now, if that sounds like a paltry sum for the likes of Wells Fargo, that’s only because it is.  And that it represents one of the largest fines ever levied related to mortgage servicing misconduct hardly makes it feel any better.

It’s kind of like being forced to eat dog turd ice cream, but finding out that it’s okay if you pour motor oil on top.  Does that improve your circumstances?  I guess so, but…

Judge Magner, in her opinion, wrote…

“Wells Fargo has taken advantage of borrowers who rely on it to accurately apply payments and calculate the amounts owed, but perhaps more disturbing is Wells Fargo’s refusal to voluntarily correct its errors. It prefers to rely on the ignorance of borrowers or their inability to fund a challenge to its demands, rather than voluntarily relinquish gains obtained through improper accounting methods.”

So, what was Wells Fargo doing exactly?  Well, they were systematically over-charging the people least able to do anything about it… those filing bankruptcy.  In this case, Wells Fargo improperly charged the borrower $24,000 in fees, but it wasn’t done by hand, it was the bank’s automated systems doing precisely what they were programmed to do.  Like, anything but an isolated incident.

After the borrower fell into default on his mortgage, Wells Fargo’s automated system began applying his mortgage payments to interest and fees that had accrued instead of to principal, as required by his servicing contract, which in turn led to him being charged with a virtual waterfall of additional fees and interest.  And even after the borrower filed bankruptcy, Wells Fargo continued to misapply his payments, according to Judge Magner’s written opinion.

And why wouldn’t they?  I know, it sounds weird to say it, but I think I would have been disappointed had Wells stopped there.

There’s even a terme de l’art for this scenario used by consumer lawyers… they call it a “rolling default.”  I suppose the name refers to the idea that once the scheme gets rolling, it’s all downhill from there.  I think it should be called a “boiling default,” because once it’s boiling, you’re goose is most assuredly cooked.

Or, wait a minute… hang on… how about we call it: “Getting Stumpfed.”

(Come on, admit it… I’m good.)

Judge Magner went on to describe Wells Fargo’s litigation tactics as involving the filing of dozens of briefs, motions and other filings clearly designed to slow down legal proceedings to such a point that anyone thinking of mounting a legal challenge against a bank quickly finds it essentially impossible.

And since it’s only through costly litigation that the insidious crimes of Wells Fargo become apparent, all the bank has to do is prevent those with limited resources from doing what they can’t do with limited resources.  Now there’s a winning business model for you.  Like making billions by stopping blind people from seeing.

What sort of a company engineers this sort of strategic core competency anyway?  Remember Ford’s infamous Pinto strategy… rather than fix the problem, just settle them as they exploded?  Well, this Wells Fargo stuff makes that look as benevolent as Girl Scouts selling cookies after church.

Wells Fargo actually engineered a strategy and built a system to rampantly abuse the individuals in our society least able to defend their interests.  This is a bank that deserves to have a statue erected in its likeliness and even its own Lazarus-styled sonnet.  I’m just thinking out loud here, but how about…

“The Statue of Larceny”

And inside the base, engraved on a bronze plaque, could be these words…

Give us your jobless, injured, bankrupt filers, whose lawyers won’t work free. 

The wretched refuse against whom in court we’ll always score. 

Send them one by one, homes all sold by substitute trustee,

We’ll rape them, rob them, force them out Wells Fargo’s golden door.

Not bad, right?  No?  Sheesh… tough crowd.

Judge Magner, in an interview with Ben Hallman of Huffington Post, said that she personally analyzed the loan files of twenty borrowers in her court and found supposed “errors” in every single instance.  So, at least we know the systems are working properly, and somehow I find that oddly reassuring.

I don’t know why but there’s something even more terrifying about the idea that we might be getting ripped off by banks in an entirely random way.  Like one day you get hit for a hundred… and the next day not only is your entire IRA gone, but two weeks later you learn that the bank bounced one of your checks to the IRS for the penalty on the early withdrawal.

I know, right?  Now, that would be rude.

I guess I only have a couple of questions I’d like to ask, and the most obvious is: Why would anyone whose read about this decision continue to bank at Wells Fargo?

I mean, if they do this sort of thing systematically… AND THEY UNQUESTIONABLY DO, how do you know where the other spots are that are picking your pocket for twenty here and twenty there.  Because you’re not going to tell me you think this case has uncovered the only place at Wells Fargo where this sort of thing goes on, are you?  Come on… what are you, six?

And, my second question is: What do our elected representatives do these days… I mean specifically?  State or federal, I don’t care which… you pick.  Because it kind of seems like we’ve quietly been transformed into a lawless society in many ways, don’t you think?

Like in this bankruptcy case… the judge has uncovered the systematic stealing from the defenseless, but it’s not like it’s a major news story, or anything.  To the contrary, it’s nowhere.  Doesn’t anyone but me find that amazing?  How do they do that?  Where have all the journalists gone?

I can tell you that I receive more complaints about Wells Fargo refusing to approve loan modifications than any three other mortgage servicers combined.  But then, Wells did modify one of the homeowners I wrote about a few months back.  I don’t know why, maybe it was an accident.

Here’s one more thing Judge Marner said about Wells Fargo in her written opinion…

“These are loans of working-class people who bought homes they could afford and whose loans were not administered correctly from an accounting perspective,” Judge Magner said. “I think that these types of problems occur in almost every [defaulted] loan in the country.”

Good Lord.

So, Mr. John Stumpf… Wells Fargo’s CEO… you just go ahead committing those criminal acts with impunity.  Don’t change now… go down with your ship.  Besides, I’m sure there are deceptions your people haven’t thought of yet.

Do you have a program that targets autistic children yet? Or what about something abusive for unmarried pregnant chicks that never finished high school? Or, what about the elderly, are you doing enough to take advantage of the elderly?

I’m sure you’ll think of something, which is why I’ve told my wife and daughter to stay out of banks for the foreseeable future.  We only make deposits at the ATM at night, which may sound crazy, but I’m betting will one day soon prove considerably safer than being inside during the day.

Lo siento.  Que se mejore pronto.

Mandelman out.

Federal Judge Magner: Wells Fargo’s Behavior “Highly Reprehensible” – Mandelman Matters

Lawyers Take Note: Wells Fargo Slammed with $3.1 Million Punitive Damages on One Wrongful Foreclosure | DTC Systems

 

Lawyers Take Note: Wells Fargo Slammed with $3.1 Million Punitive Damages on One Wrongful Foreclosure

On April 12, 2012, in Information, News, Securitization, by Dan Edstrom

Lawyers Take Note: Wells Fargo Slammed with $3.1 Million Punitive Damages on One Wrongful Foreclosure

By Daniel Edstrom
DTC Systems, Inc.

Posted by Neil F. Garfield on livinglies.wordpress.com (http://livinglies.wordpress.com/2012/04/12/lawyers-take-note-wells-fargo-slammed-with-3-1-million-punitive-damages-on-one-wrongful-foreclosure/).

GARFIELD PROPOSES NATIONAL LAW FIRM FOR COUNTER-ATTACK
Editor’s Comment:

The most perplexing part of this mortgage mess has been the unwillingness of the legal community to take on the Banks. Besides the intimidation factor the primary source of resistance has been the lack of confidence that any money could be made, ESPECIALLY on contingency. If you were the lawyer in the case reported below, you would be getting a check for fees alone of over $1.2 million on a single case. And as this article and hundreds of others have reported, based upon objective surveys, most of the 5 million homes lost since 2007 were wrongful foreclosures.

So the inventory for lawyers is 5 million homes plus the next 5 million everyone is expecting. Let’s due some simple arithmetic: if 4 million homes were wrongfully foreclosed and the punitive damages were $1 million per house the total take would be $4 Billion with contingency fees at $1.6 Billion. If each house carried $200,000 in compensatory damages, then the total would be increased by $800 Million with Lawyers taking home $320 Million. These figures exceed personal injury and malpractice awards. Why is the legal profession ignoring this opportunity to do something right and make a fortune at the same time?

Right now I’m a little under the weather (open heart surgery) but that hasn’t stopped my associates from rolling out a plan for a national anti-foreclosure firm. I’m only doing this because nobody else will. If you have had a home wrongfully foreclosed or suspect that your current foreclosure is wrongful, write to NeilFGarfield@hotmail.com (remember the “F”) and ask for help. Lawyers and victims of wrongful foreclosures should be able to pool their resources to attack the massive foreclosure attack with a massive anti-foreclosure attack.

DTC Systems readers can write to info@dtc-systems.com and ask for help.  We will see that your request is sent to the lawyers working on this new program.

Here is the Conclusion from the Order (download below):

Wells Fargo’s actions were not only highly reprehensible, but its subsequent reaction on their exposure has been less than satisfactory. There is a strong societal interest in preventing such future conduct through a punitive award. The total monetary judgment to date is $24,441.65, plus legal interest,$166,873.00 in legal fees and $3,951.96 in costs. Other fees and costs incurred by Jones through the first remand were also incurred and are not included in the foregoing amounts. Because the Court cannot reveal the sealed amount stipulated to by the parties when they settled Jones’ Application for Award of Fees and Costs Related to Remand (“Application”),70 the Court will use Jones’ Application itself as evidence of fees and costs actually incurred up to the date of the Application. The Application and supporting documentation establish that an additional $118,251.93 in attorneys’ fees and $3,596.95 in costs was also incurred by Jones.71 The amounts previously awarded plus the additional amounts incurred establish that the cost to litigate the compensatory portion of this award was $292,673.84. After considering the compensatory damages of $24,441.65 awarded in this case, along with the litigation costs of $292,673.84; awards against Wells Fargo in other cases for the same behavior which did not deter its conduct; and the previous judgments in this case none of which deterred its actions; the Court finds that a punitive damage award of $3,171,154.00 is warranted to deter Wells Fargo from similar conduct in the future. This Court hopes that the relief granted will finally motivate Wells Fargo to rectify its practices and comply with the terms of court orders, plans and the automatic stay.

Download the bankruptcy ruling here:  http://dtc-systems.net/wp-content/uploads/2012/04/Jones_vs_Wells_Fargo.pdf

Tagged with: automatic staycompensatory damagesConclusioncontingencycounter-attackDaniel EdstromDTC-Systemsintimidation factorlivinglies.wordpress.comnational anti-foreclosure firmNational law firmNeil F. Garfieldpersonal injury and malpractice awardsPunitive DamagesWells FargoWrongful Foreclosure

Lawyers Take Note: Wells Fargo Slammed with $3.1 Million Punitive Damages on One Wrongful Foreclosure | DTC Systems

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GARFIELD PROPOSES NATIONAL LAW FIRM FOR COUNTER-ATTACK

Editor’s Comment: 

The most perplexing part of this mortgage mess has been the unwillingness of the legal community to take on the Banks. Besides the intimidation factor the primary source of resistance has been the lack of confidence that any money could be made, ESPECIALLY on contingency. If you were the lawyer in the case reported below, you would be getting a check for fees alone of over $1.2 million on a single case. And as this article and hundreds of others have reported, based upon objective surveys, most of the 5 million homes lost since 2007 were wrongful foreclosures.

So the inventory for lawyers is 5 million homes plus the next 5 million everyone is expecting. Let’s due some simple arithmetic: if 4 million homes were wrongfully…

View original post 1,036 more words

New York State Appeals Court Affirms Denial Of BofA’s Motion to Sever and Consolidate Successor Liability Claims

Published 04/16/2012

http://www.linkedin.com/osview/canvas?_ch_page_id=1&_ch_panel_id=1&_ch_app_id=49029150&_applicationId=103900&appParams=%7B%22document%22%3A%227f7c72d2-c6c5-4387-a339-9aef6cd4d216%22%2C%22method%22%3A%22document.view%22%2C%22layout%22%3A%22layout_blank%22%2C%22target%22%3A%22blank_content%22%2C%22surface%22%3A%22canvas%22%7D&_ownerId=57736655&completeUrlHash=diwZ

On April 5, 2012, a five-judge panel for the New York’s First Department intermediate appellate court affirmed a lower court’s ruling that denied Bank of America’s motion to sever successor liability claims brought against it from the primary claims in four separate actions brought by four monoline insurers. Bank of America had requested that, once severed from the underlying lawsuits, the successor liability claims should be consolidated into a separate proceeding for discovery purposes. The four insurers, Ambac Assurance Corp, Financial Guaranty Insurance Co, MBIA Inc, and Syncora Guarantee Inc., claim in their respective lawsuits that Countrywide ignored underwriting guidelines, resulting in loans that were riskier than had been represented to the insurers and thus subjecting the insurers to billions of dollars in insurance claims when the loans defaulted. They seek to hold Bank of America liable under theories of successor liability related to Bank of America’s acquisition of Countrywide. In affirming the denial of Bank of America’s motion, the appeals court reasoned that the four actions were at different stages of discovery and that consolidation would result in undue delay. Order.

R.I.P. Bill of Rights 1789 – 2011

http://www.naturalnews.com/034537_NDAA_Bill_of_Rights_Obama.html

rights

R.I.P. Bill of Rights 1789 – 2011

Sunday, January 01, 2012
by Mike Adams, the Health Ranger
Editor of NaturalNews.com
(See all articles…)

(NaturalNews) One of the most extraordinary documents in human history — the Bill of Rights — has come to an end under President Barack Obama. Derived from sacred principles of natural law, the Bill of Rights has come to a sudden and catastrophic end with the President’s signing of the National Defense Authorization Act (NDAA), a law that grants the U.S. military the “legal” right to conduct secret kidnappings of U.S. citizens, followed by indefinite detention, interrogation, torture and even murder. This is all conducted completely outside the protection of law, with no jury, no trial, no legal representation and not even any requirement that the government produce evidence against the accused. It is a system of outright government tyranny against the American people, and it effectively nullifies the Bill of Rights.

In what will be remembered as the most traitorous executive signing ever committed against the American people, President Obama signed the bill on New Year’s Eve, a time when most Americans were engaged in the consumption of alcohol. It seems appropriate, of course, since no intelligent American could accept the tyranny of this bill if they were sober.

This is the law that will cement Obama’s legacy in the history books as the traitor who nullified the Bill of Rights and paved America’s pathway down a road of tyranny that will make Nazi Germany’s war crimes look like child’s play. If Bush had signed a law like this, liberals would have been screaming “impeachment!”

Why the Bill of Rights matters

While the U.S. Constitution already limits the power of federal government, the Bill of Rights is the document that enumerates even more limits of federal government power. In its inception, many argued that a Bill of Rights was completely unnecessary because, they explained, the federal government only has the powers specifically enumerated to it under the U.S. Constitution. There was no need to have a “First Amendment” to protect Free Speech, for example, because there was no power granted to government to diminish Free Speech.
This seems silly today, of course, given the natural tendency of all governments to concentrate power in the hands of the few while destroying the rights and freedoms of their own people. But in the 1780’s, whether government could ever become a threat to future freedoms was hotly debated. By 1789, enough revolutionary leaders had agreed on the fundamental principles of a Bill of Rights to sign it into law. Its purpose was to provide additional clarifications on the limitation of government power so that there could be absolutely no question that government could NEVER, under any circumstances, violate these key principles of freedom: Freedom of speech, the right to bear arms, freedom from illegal searches, the right to remain silent, the right to due process under law, and so on.

Of course, today’s runaway federal government utterly ignores the limitations placed on it by the founding fathers. It aggressively and criminally seeks to expand its power at all costs, completely ignoring the Bill of Rights and openly violating the limitations of power placed upon it by the United States Constitution. The TSA’s illegal searching of air travelers, for example, is a blatant violation of Fourth Amendment rights. The government’s hijacking of websites it claims are linking to “copyright infringement” hubs is a blatant violation of First Amendment rights. The government’s demand that all Americans be forced to buy private health insurance is a blatant violation of Article 1, Section 8 of the Constitution — the “commerce clause.”
Now, with the passage of the NDAA, the federal government has torpedoed the entire Bill of Rights, dismissing it completely and effectively promising to violate those rights at will. As of January 1, 2012, we have all been designated enemies of the state. America is the new battleground, and your “right” to due process is null and void.

Remember, this was all done by the very President who promised to close Guantanamo Bay and end secret military prisons. Not only did Obama break that campaign promise (as he has done with nearly ALL his campaign promises), he did exactly the opposite and has now subjected all Americans to the possibility of government-sponsored kidnapping, detainment and torture, all under the very system of secret military prisons he claimed he would close!

“President Obama’s action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law,” said Anthony D. Romero, executive director of the American Civil Liberties Union.

Obama’s signing statement means nothing

Even while committing an act of pure treason in signing the bill, the unindicted criminal President Obama issued a signing statement that reads, in part, “Moving forward, my administration will interpret and implement the provisions described below in a manner that best preserves the flexibility on which our safety depends and upholds the values on which this country was founded…”

Anyone who reads between the lines here realizes the “the flexibility on which our safety depends” means they can interpret the law in any way they want if there is a sufficient amount of fear being created through false flag terror attacks. Astute readers will also notice that Obama’s signing statement has no legal binding whatsoever and only refers to Obama’s momentary intentions on how he “wishes” to interpret the law. It does not place any limits whatsoever on how a future President might use the law as written.

“The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield,” says the ACLU (http://www.aclu.org/blog/national-security/president-obama-signs-inde…).

What this means is that the next President could use this law to engage in the most horrific holocaust-scale mass round-up of people the world has ever seen. The NDAA legalizes the crimes of Nazi Germany in America, setting the stage for the mass murder of citizens by a rogue government.

United States of America becomes a rogue nation, operating in violation of international law

Furthermore, the NDAA law as written and signed, is a violation of international law as it does not even adhere to the fundamental agreements of how nations treat prisoners of war:  “…the breadth of the NDAA’s detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war” says the ACLU (http://www.aclu.org/blog/national-security/president-obama-signs-inde…).

In 1789, today’s NDAA law would have been called “treasonous,” and those who voted for it would have been shot dead as traitors. This is not a call for violence, but rather an attempt to provide historical context of just how destructive this law really is. Men and women fought and died for the U.S. Constitution and the Bill of Rights. People sacrificed their lives, their safety and risked everything to achieve the freedoms that made America such a great nation. For one President to so callously throw away 222 years of liberty, betraying those great Americans who painstakingly created an extraordinary document limiting the power of government, is equivalent to driving a stake through the heart of the Republic.

In signing this, Obama has proven himself to be the most criminal of all U.S. Presidents, far worse than George W. Bush and a total traitor to the nation and its People. Remember, Obama swore upon a Bible that he would “protect and defend the Constitution against all enemies, foreign and domestic,” and yet he himself has become the enemy of the Constitution by signing a law that overtly and callously nullifies the Bill of Rights.

This is nothing less than an act of war declared on the American people by the executive and legislative branches of government. It remains to be seen whether the judicial branch will go along with it (US Supreme Court).

Origins of the Bill of Rights

The Bill of Rights, signed in 1789 by many of the founding fathers of our nation, was based on the Virginia Declaration of Rights, drafted in 1776 and authored largely by George Mason, one of the least-recognized revolutionaries who gave rise to a nation of freedom and liberty.

Mason was a strong advocate of not just states’ rights, but of individual rights, and without his influence in 1789, we might not even have a Bill of Rights today (and our nation would have slipped into total government tyranny all the sooner). In fact, he openly opposed ratification of the U.S. Constitution unless it contained a series of amendments now known as the Bill of Rights

(http://en.wikipedia.org/wiki/George_Mason)
SECTION ONE of this Virginia declaration of rights states:  “That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.”

(http://www.constitution.org/bcp/virg_dor.htm)
Section Three of the declaration speaks to the duty of the Citizens to abolish abusive government:

“That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.”

By any honest measure, today’s U.S. government, of course, has overstepped the bounds of its original intent. As Mason wrote over 200 years ago, the People of America now have not merely a right but a duty to “reform, alter or abolish it,” to bring government back into alignment with its original purpose — to protect the rights of the People.

Obama violates his Presidential Oath, sworn before God

Article II, Section I of the United States Constitution spells out the oath of office that every President must take during their swearing in:  “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”


In signing the NDAA law into office, Obama has blatantly and unambiguously violated this sacred oath, meaning that his betrayal is not merely against the American people, but also against the Divine Creator.

Given that the Bill of Rights is an extension of Natural Law which establishes a direct heritage of sovereign power from the Creator to the People, a blatant attack upon the Bill of Rights is, by any account, an attack against the Creator and a violation of universal spiritual principles. Those who attempt to undermine the Bill of Rights are attempting to invalidate the relationship between God and Man, and in doing so, they are identifying themselves as enemies of God and agents of Evil.

Today, as 2012 begins, we are now a nation led by evil, and threatened with total destruction by those who would seek to rule as tyrants. This is America’s final hour. We either defend the Republic starting right now, or we lose it forever.

R.I.P. Bill of Rights 1789 – 2011

City of Roswell, Georgia bullies Andrew Wordes to death over his backyard chickens

http://www.lawlessamerica.com/index.php?option=com_content&view=article&id=817:city-of-roswell-georgia-bullies-andrew-wordes-to-death-over-his-backyard-chickens&catid=117:news-reports&Itemid=219Sick smile

City of Roswell, Georgia bullies Andrew Wordes to death over his backyard chickens

City of Roswell, Georgia bullies Andrew Wordes to death over his backyard chickens

Tuesday, 10 April 2012 11:54
William M. Windsor
  • wordes-andrew

Andrew Wordes, an innocent man who had legally been raising a few dozen chickens and other small birds in the backyard of his suburban Atlanta home, is now dead, following a crusade of terror perpetrated against him by the City of Roswell Georgia.

Andrew Wordes, who died during a recent raid on his property in which county marshals tried to illegally evict him, was the obvious victim of a rogue state gone mad — and his blood is now on the hands of the Roswell City Administrator, the Roswell City Council, and the Roswell Police Department, all of which robbed from Wordes his property, his livelihood, and ultimately his life.

See the NaturalNews infographic timeline of events that documents the escalation that ultimately led to Mr. Andrew Wordes’ death: http://www.naturalnews.com

Andrew Wordes had long raised his small poultry friends in the backyard of his one-acre property at 335 Alpine Drive in Roswell, Georgia, sharing eggs, chicks, and friendly words of wisdom and encouragement with his neighbors and with local schoolchildren all along the way. Andrew Wordes was very active in his local community, having organized a North Georgia Pet Chicken “Meetup” group, and founded a chicken breeding club. His friends and neighbors described him as a generous, kind, and loving man who was always willing to lend a hand, and who would have given you the shirt off his back if you needed it.

But Andrew Wordes met his unjust fate on March 26, 2012, after roughly four years of enduring illicit and seemingly-endless abuse, bullying, threats, and unsubstantiated legal action taken against him by Roswell city officials with an apparent axe to grind. And after losing his birds, his freedom, his entire life savings, his property, and his livelihood as a result of the City of Roswell’s sadistic war against him, Andrew Wordes ended up losing his life as a result of an explosion that occurred during the final eviction raid carried out by Fulton County marshals.

City of Roswell targets Wordes for standing up for his rights, identifies his property on planning map as future ‘green space’

The saga allegedly began in 2008 when a disgruntled neighbor of Andrew Wordes reportedly complained to the city about Wordes raising chickens, button quail, and other small creatures in his backyard. The City of Roswell responded by issuing Andrew Wordes a citation for his chickens, even though the city’s Code of Ordinances specifically provisioned at the time that property owners on less than two acres of land could legally raise chickens and swine.

With the help of Roswell’s Mayor Jere Wood, a lawyer friend of Andrew Wordes who also raises chickens himself, Wordes was able to get the citation issued against him dismissed in court. But the firestorm of childish retaliation and rage that quickly ensued as a result of Andrew Wordes standing up for himself and his rights, rather than capitulating to the city’s tyrannical and mindless demands that he get rid of his chickens, will likely go down as one of the most tragically absurd abuses of power in the history of local government.

After it became clear that Andrew Wordes was not about to let the City of Roswell trample all over him and his rights, several city officials allegedly kicked their vendetta against him into high gear, not only to forcibly have Wordes’ chickens removed, but also to seize his property right out from under him. After failing twice to get Andrew Wordes nabbed for their made-up code violations, the City of Roswell actually rewrote the law to prohibit residents from raising more than six chickens in an effort to seal the deal.

But even this failed, as a judge later ruled that Andrew Wordes, who had been in his home for more than a decade raising chickens, would be “grandfathered in” under the old provisions which allowed for residents to raise backyard chickens. So the City of Roswell switched gears again and began to play even dirtier by getting Andrew Wordes arrested for petty violations, and proceeding to reclassify his property on their long-term planning map as future green space.

You can view the City of Roswell’s2030 Comprehensive Plan, which demarcates Wordes’ property as future “Conservation Area or Greenspace” here:
http://www.roswellgov.com/index.aspx?NID=893

So it appears as though the City of Roswell used the supposed neighbor complaint as an excuse to pursue Andrew Wordes’ property for the purpose of eventually turning it into parks and green space. This would explain why the city failed to properly maintain storm water infrastructure near Wordes’ property, which resulted in his property becoming severely flooded at least a dozen times, and eventually uninhabitable.

City of Roswell refuses to submit Andrew Wordes’ request for FEMA assistance following severe flooding, issues citation when he attempts to protect his home

Not only did the City of Roswell fail to abide by legal guidelines that required it to maintain storm water infrastructure around Wordes’ property, but the city added insult to injury by refusing to file paperwork to the U.S.Federal Emergency Management Agency(FEMA) following a flood that caused severe damage to Andrew Wordes’ home, which is also located on a floodplain. As a result, he had no means by which to fix the damage.

And when Andrew Wordes attempted to protect his property from future flood damage by grading his land with a Bobcat, which he borrowed from his friend Mayor Wood, the City of Roswell actually had the audacity to issue Wordes a citation for grading his land without a permit, and for having too many cars on his property at the time.

City of Roswell Code Enforcement Supervisor violates law by contacting Andrew Wordes’ mortgage holder, coercing her into selling mortgage note

From this point on, City of Roswell officials began harassing Andrew Wordes, and the local police department began to surveil his house on a regular basis, watching closely for anything that might be considered a violation. In the process, he was pulled over and even thrown in jail on numerous occasions.

In violation of the Fair Debt Collection Practices Act and several other laws, Roswell Code Enforcement Supervisor Vicki Barclay (http://www.roswellgov.com/index.aspx?NID=94) allegedly called Wordes’ mortgage holder, an 80-year-old woman, and coerced her into selling Wordes’ mortgage note for 40 cents on the dollar to another mortgage holder by threatening to issue liens, citations, and grievances on the property if she failed to comply. Barclay is the same city official who had illegally tried to issue Wordes a citation for his chickens from the very beginning.

Having failed at all other attempts to seize his property, the City of Roswell then filed a zoning violation against Wordes claiming that his property was a “nuisance.” The city also filed a 55-page civil lawsuit against Andrew Wordes, which conveniently denied him the right to a city-funded public defender who was supposed to represent him in legal dealings involving the city.

Even with former Georgia Governor Roy Barnes on his side, Andrew Wordes was rapidly losing the ability to fend off these ravenous wolves in the City of Roswell government that were hellbent on forcing him off his property for their own devious purposes. And Roswell City Administrator Kay G. Love (http://www.roswellgov.com/Directory.aspx?EID=3), Roswell City councilmember Becky Wynn (http://www.roswellgov.com/directory.aspx?EID=6), Roswell City councilmember Rich Dippolito (http://richforroswell.com/about-rich.php), and Roswell Code Enforcement Supervisor Vicki Barclay (http://www.roswellgov.com/index.aspx?NID=94) all played a key role in making this happen, according to accounts.

Andrew Wordes’ home vandalized, chickens poisoned while he attends political rally

The madness did not stop at Andrew Wordes’ property, however, as even his animals eventually got caught in the fray of the City of Roswell’s campaign of terror. According to reports, Andrew Wordes’ home was vandalized in 2011 while he was attending a local political rally, and when he returned, he found that his animals had also been poisoned. Roughly one-third of his animals, which included turkeys, chicks, and adult chickens, ended up dying as a result of this poisoning.

Andrew Wordes filed a police report in response to these crimes, but the Roswell police department never pursued the case, and it was never determined who committed them. Consequently, Wordes lost a significant portion of his income and livelihood as a result of the mysterious deaths, which made his already-burgeoning financial problems even worse.

City of Roswell jails Wordes for 99 days, proceeds to evict him from property using phony foreclosure notice

After attacking him from practically all angles and nabbing him for every single petty violation they could think of, the City of Roswell finally ended up jailing Wordes for a whopping 99 days. And immediately after Wordes was jailed, the City of Roswell issued a public press release letting the public know that Wordes’ house was now “vacant,” a purely vindictive move that had terrifying consequences.

Within just a few hours of the announcement, Wordes’ house was vandalized and looted. Even though the City of Roswell promised to keep an eye on the property after issuing the press release, criminals were somehow able to steal Wordes’ firearms and weapons, ammunition, and other valuables, which put the entire community at risk.

During this time, Wordes was refused the ability to proceed with the bankruptcy filings that would have halted the illegal foreclosure on his property which, conveniently for the City of Roswell, was moving forward during his time in jail. As pointed out by Maggie West Bean writing forExaminer.com, the foreclosure paperwork was not even legal to begin with, as it lacked necessary information proving its validity (http://www.examiner.com).

After finally being released, Wordes was left with an uninhabitable house and property, no more animals, no more money, and a pending eviction notice illegally issued by the ruthless criminals at the City of Roswell. Throughout the process, Wordes was denied all his rights to defend himself, denied his right to defend his property against illegal foreclosure, and denied his right to pursue any sort of justice in the matter.

During a February interview with Rusty Humphries, a radio talk show host on WGST 640 in Atlanta, a desperate Wordes explained his dire situation at that point, and issued one of his final pleas for help. You can listen to that interview at either of the following two links:
http://airbornecombatengineer.typepad.com
http://www.youtube.com/watch?feature=player_embedded&v=D0Md7aIudZE

You can also read a post written by Andrew Wordes himself back in 2009 here:
http://www.backyardchickens.com

After being denied the ability to fight back against illegal foreclosure, county marshals swoop in on Andrew Wordes’ property to evict him, culminating in his death

At the end of his rope and facing insurmountable and unrelenting oppression, Wordes’ final hours were spent in his unlivable home, where Fulton County marshals staged an elaborate demonstration of police state force by illegally raiding Wordes’ property.

According to reports, the standoff concluded when Wordes finally told television reporter Mike Petchenik, who he had called to the scene by phone, to have the marshals leave the property. Moments later, an explosion was heard, and Wordes’ house became engulfed in flames.

When it was safe to go inside, responders found a body inside the home, which was later identified as being that of Wordes. And though the incident appears to have been a desperate suicide, which is how some reports categorized it right off the bat, others are worded as to leave room for the potential possibility of foul play.

City of Roswell must be held responsible for its crimes

While it has not yet been determined whether Wordes’ death was a suicide or a murder, it is clear that the City of Roswell has a whole lot of explaining to do concerning its role in the escalation of this situation over the past four years.

As usual, mainstream media reports about the saga fail to mention how the City of Roswell committed numerous criminal acts in its illegal pursuit of Wordes, or how the city is now officially lying, on record, by claiming that it played no part in working behind the scenes to transfer Wordes’ mortgage and foreclose on his property.

Nevertheless, the truth must come out about this case, and those involved in perpetrating it brought to justice. And this, of course, will start with a full investigation into the dealings of Roswell City Administrator Kay G. Love (http://www.roswellgov.com/Directory.aspx?EID=3), Roswell City councilmember Becky Wynn (http://www.roswellgov.com/directory.aspx?EID=6), Roswell City councilmember Rich Dippolito (http://richforroswell.com/about-rich.php), and Roswell Code Enforcement Supervisor Vicki Barclay (http://www.roswellgov.com/index.aspx?NID=94), as well as Roswell city attorneys and the Roswell Police Department, in the case.

It is unfortunate that NaturalNews only just now learned about the Wordes saga after the man’s death, as it may have been possible to help him earlier on by raising awareness about the injustices being perpetrated against him. But at the very least, we can all fight for justice now by banding together to make sure the facts come to light, and the criminals involved punished for their crimes.

The case also serves as a reminder to others who might be enduring similar harassment to speak up now about what they are going through. The reason why news sites like NaturalNews, InfoWars and others exist is to draw attention to issues like this, and to bring what goes on in the darkness to light — so if you or somebody you know is facing similar harassment by city officials, tell us about it!

Also, be sure to read the following memoriam written by Glenn Horowitz at American Daily Herald about the Wordes case. Horowitz was personally involved in trying to help Wordes in years past, and has put together an excellent summary of the events that took place over the last four years: http://www.americandailyherald.com

See the NaturalNews infographic timeline of events that documents the escalation that ultimately led to Mr. Wordes’ death:

http://www.naturalnews.com

Sources for this article include:

http://www.americandailyherald.com

http://www.examiner.com

http://airbornecombatengineer.typepad.com

http://www.backyardchickens.com

http://www.youtube.com/watch?feature=player_embedded&v=D0Md7aIudZE

http://theperspicaciousconservative


William M. Windsor

Fed Blesses Banks’ Foreclosure-Rental Approach – Developments – WSJ

April 5, 2012, 5:55 PM

http://blogs.wsj.com/developments/2012/04/05/fed-blesses-banks-foreclosure-rental-approach/

Fed Blesses Banks’ Foreclosure-Rental Approach

By Alan Zibel

Reuters Federal Reserve Chairman Ben Bernanke

The Federal Reserve set out new polices for banks that decide to rent out foreclosed homes, endorsing a strategy for managing the huge number of distressed properties that have piled up during the housing bust.

The central bank said in a six-page policy statement Thursday that the Fed’s regulations permit the rental of foreclosed properties to tenants “in light of the extraordinary market conditions that currently prevail.” The policy clarified that banks that would otherwise be required to sell off the properties more quickly can turn to rental as a strategy.

Banks can do so “without having to demonstrate continuous active marketing of the property provided that suitable policies and procedures are followed,” the central bank said. The shift to rentals is a significant change in the way banks deal with properties that fall into foreclosure – if loan assistance programs don’t work.

Federal Reserve Chairman Ben Bernanke and other central bank officials have spoken publicly about the need to encourage banks to rent out foreclosures. “With home prices falling and rents rising, it could make sense in some markets to turn some of the foreclosed homes into rental properties,” Mr. Bernanke said in a February speech.

The central bank said that banks holding large numbers of foreclosures should establish detailed policies for renting foreclosures, including a process to determine whether the properties are safe to occupy and meet local building code requirements.

The Fed said banks should set up criteria by which properties are picked to be rental properties. The banks should establish plans that “describe the general conditions under which the organization believes a rental approach is likely to be successful,” the central bank said.

Last month, Bank of America Corp. announced a plan to allow homeowners at risk of foreclosure to hand over deeds to their houses and sign leases that will let them rent the houses back from the bank at a market rate.

In addition, Fannie Mae is selling 2,500 homes in eight metropolitan areas around the country. The government-controlled mortgage firm is selling the $320 million portfolio to investors, who would be required to turn them into rental properties.

Follow Alan @AlanZibel

 

NootkaBearMcDonald Says:

It never ceases to amaze me….

First the banks screw the people with toxic loans.

They sale the Note, and then Sale the Deed to someone else, make a whole hell of a lot of money.

Then it is just a matter of time until these pick a pay loans, or negative am loans, adjustable rate loans, get to where you can no longer make the payments, no matter how much money you make.  Face it, the payment went into default when you made your first payment if you had a pick-a-pay loan, you started out making payments that were less than the amount of interest each month.

The homeowner defaults, the banks, who cannot foreclose, due to having sold the Note to one entity, and the Deed to another entity, so they have LPS, DocX, CoreLogic,  Prommis Solutions, or some other unsavory 3rd party default services entity, create falsified, robo-signed and forged documents, because ain’t no way in hell, they’re going to let your house get away.

The Bank then forecloses, no matter what they have to do, they will do it to get that home. 

Then…what are they going to do with yet another home?  Of course, the one with the most homes in the end wins.. but we still have a ways to go before then.  In the meantime, different areas are coming up with fees for having houses sitting with no one living in the homes.

BRAINSTORM!!!  RENT IT OUT!!!

So they stole your home, bought it themselves at the auction, turned the paperwork into the Insurance, got 80% of the amount you defaulted on, and they can either sale it (but there is no one left that can get a home loan, they have done foreclosed on them all) or Rent it out.  Just think!!!  When they get used to the idea, they will be renting you your house, foreclosing on you and selling your house in one swift easy move.

Hell, they should just take your house from you, let you stay there, and change it from house payment to rent, without having to do any paperwork or anything…kind of like the issue of not having the needed documents to foreclose on you.  They will wipe out the need for a Promissory Note and a Deed, they will keep you in your home by renting it to you.