Category: Justice

Foreclosure Fraud?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

Since the Great Recession officially started in December of 2007, millions of people have lost their homes to foreclosures.  It turns out that many of those foreclosures may have been fraudulent or in violation of foreclosure laws. According to the Southern Essex County, Massachusetts Register of Deeds, John O’Brien, a forensic audit of his recording files suggests that at least 75% of the mortgage assignments were invalid.

“My registry is a crime scene as evidenced by this forensic examination. The Audit makes the finding that this was not only a MERS (Mortgage Electronic Registration Systems) problem, but a scheme also perpetuated by MERS shareholder banks such Bank of America, Wells Fargo, JP Morgan and others. I am stunned and appalled by the fact that America’s biggest banks have played fast and loose with people’s biggest asset – their homes. This is disgusting, and this is criminal.” Nation of Change Continue reading “Foreclosure Fraud?”

Ninth Circuit Upholds Preliminary Injunction Against Enforcement of California’s CASE Act As Curtailing Free Speech Of Registered Sex Offenders

By Darren Smith, Weekend Contributor

200px-US-CourtOfAppeals-9thCircuit-Seal.svgPlaintiffs representing unnamed registered sex offenders and sponsors of the non-profit California Reform Sex Offender Laws won a victory in their quest to declare unconstitutional the Californians Against Sexual Exploitation Act on free speech grounds.

The act, among other matters, requires registered sex offenders to within twenty four hours submit the “internet identities” and Internet Service Providers (ISPs) they use to engage in conversation and participation in the experience of the Internet, amending California Penal Code § 290.015(a)(4)–(5).

The court upheld a district court judgment granting an injunction against the State of California enforcing the statute which was filed by plaintiffs the day the law was effective.

The Ninth Circuit cited curtailment to free speech rights after the offenders were released from prison who were then afforded the full protection of the first amendment and that such provisions of the law would amount to a chilling effect of the free speech rights of this class of individuals.

Continue reading “Ninth Circuit Upholds Preliminary Injunction Against Enforcement of California’s CASE Act As Curtailing Free Speech Of Registered Sex Offenders”

TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE

800px-Capitol_Building_Full_ViewAs many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA). It is an honor to represent the institution in this historic lawsuit and to work with the talented staff of the House General Counsel’s Office. As in the past, this posting is meant to be transparent about my representation as well as my need to be circumspect about my comments in the future on related stories. Continue reading “TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE”

Banks Ignore the Bankruptcy Laws

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

In the past, I have written about the Big Banks continued unlawful actions that only result in “slap on the wrist fines” that in many cases are passed on to the shareholders and/or used as a tax deduction. It seems that Wall Street and the Banksters have not learned a thing.  Or have they?

The latest wrinkle in Banksters taking advantage of American citizens is noted in a Crooks and Liars report which detailed an investigation into several Big Banks and their alleged refusal to honor the orders of Bankruptcy judges across the country. Of course, the “usual suspects” have been named in the latest investigations.  Continue reading “Banks Ignore the Bankruptcy Laws”

Why is it Illegal to Feed the Homeless?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

Did you know that somewhere in America, it is illegal to feed the homeless in public?  It can’t be true can it?  It is true in Fort Lauderdale, Florida after the recent passage of an ordinance by the city council.  The real scary part of that news is that Fort Lauderdale is not alone in taking this anti-compassionate stance!

“Over 30 cities across the nation have outlawed or are considering criminalizing the provision of food to homeless people. According to the National Coalition for the Homeless, over 20 cities have devised laws against giving food to homeless people since January 2013.” Nation of Change

While I can understand this stance if these cities are adding health guidelines to make such feeding attempts safer, I am shocked that over 30 cities have outlawed it or are considering outlawing the practice of giving food to the hungry and homeless.  Are public picnics next on the hit list? Continue reading “Why is it Illegal to Feed the Homeless?”

Washington Supreme Court Shifts Burden To State In Proving Lack Of Consent Element In Rape Cases

By Darren Smith, Weekend Contributor

scales_of_justiceThe Washington Supreme Court ruled it is a violation of Due Process to require a rape defendant to prove lack of consent in rape trials, shifting the burden to the state. The opinion reverses decades old practices of the courts and by extensions investigators of such crimes to include elements showing lack of consent that were previously assumed based on the statements and evidence of alleged victims.

Continue reading “Washington Supreme Court Shifts Burden To State In Proving Lack Of Consent Element In Rape Cases”

Prosecuters Seem Surprised that Banksters May Still Be Breaking the Law

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

We have written on multiple occasions about the illegal activities of Big Banks and Wall Street financial firms as well as their penchant to repeat their offenses.  It now seems that a State regulator and two Federal prosecutors may have finally come to the conclusion that many Big Banks are not only continuing their illegal practices, but that they may have hid information during prior investigations into their allegedly shady dealings.

While I am glad that at least two Federal prosecutors may be putting the heat on some of the repeat offenders by extending their deferred prosecution agreements and opening new investigations and taking a second look at past investigations, my first response is what took them so long?

Continue reading “Prosecuters Seem Surprised that Banksters May Still Be Breaking the Law”

Two Corporate Crimes and No Accountability for the Suits

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

It never ceases to amaze me that the heads of major corporations and officers of those companies just never seem to go to jail when the corporation’s fingers are caught in the cookie jar.  We saw two separate examples of that concept this week.  One example is simply a case of corporate greed at employees expense and the other is a brutal and deadly tragedy that caught up the corporate employees, but not their bosses.

In the past, I have written about banks getting away with fines and financial penalties for committing crimes, but today the focus is on two corporations in two different areas of endeavor.  I am referring to the corporation formerly known as Blackwater and Electronics for Imaging (EFI).  Blackwater as you may recall was in the private security and intelligence gathering business with many government clients, while EFI is a Silicon Valley tech firm with earnings of over $100 million in 2013.  They both have one thing in common.  They broke the law and one got a slap on the wrist and the CEO and founder of the other and his fellow corporate officers avoided any culpability in a brutal murder case. Continue reading “Two Corporate Crimes and No Accountability for the Suits”

A Penny For My Thoughts: How The Right Uses Paid Commenters to Manipulate Public Opinion And Trash Free Speech

By Mark Esposito, Weekend Blogger

Fascinating book out by NPR media reporter, David Folkenflik, entitled Murdoch’s World: The Last of the Old Media Empires that explores the strange world of publisher Rupert Murdoch. Gobbler of such English-speaking newspapers as The News of The World, The Sun, The Wall Street Journal, and The Times, Murdoch is mostly known for his media collaboration with Roger Ailes in the development and promotion of Fox News, the Right’s mouthpiece of choice. Until his inglorious dismount from credibility in the London Phone Hacking scandal where a Murdoch newspaper employee was convicted of hacking the telephone voice mails of murdered British teenager, Milly Dowler, Murdoch had personified all that is unseemly about tabloid journalism. The personification of Charles Foster Kane, Murdoch fed the Right the red meat of dissention blending news with opinion and relying on practices that were criticized by honest journalists (even conservative ones) around the world calling it right-leaning tabloidism (here).

Continue reading “A Penny For My Thoughts: How The Right Uses Paid Commenters to Manipulate Public Opinion And Trash Free Speech”

Predicting Obama: Is The Right Ever Right?

By Mark Esposito, Weekend Blogger

I have been reading about the latest Breitbart-inspired dire prediction of the nefarious ( and possibly illegal) machinations of the Obama Administration. You know “Green Paper-Gate.” It’s the one where the conservative blog, Breitbart,  reports that a draft solicitation proposal for purchase of green paper issued by the U.S. Citizenship and Immigration Services definitely means that the Obama Administration is secretly planning a massive amnesty campaign of undocumented aliens. And, worse still,  that it’s keeping that secret until after the mid-term elections as a boon to Democratic candidates. I went back and took a look at the proposal and here is the offending language: “The requirement is for an estimated 4 million cards annually with the potential to buy as many as 34 million cards total. The ordering periods for this requirement shall be for a total of five (5) years.” A draft RFP issued a few days later contains the same language but adds the following: “In addition, the Contractor shall demonstrate the capability to support potential “surge” in PRC and EAD card demand for up to 9M cards during the initial period of performance to support possible future immigration reform initiative requirements.” You can view the proposal (here) and the RFP (here) and then read all the GSA bureaucratic verbiage for yourself. Have a good time.

Continue reading “Predicting Obama: Is The Right Ever Right?”

Obama Administration Accused of Leaking Stories To Prepare For The Rejection Of Criminal Charges Against Officer In Ferguson Shooting

1408390089660_Image_galleryImage_Officer_DARREN_WILSON_pic1408392017717_Image_galleryImage_Piaget_Crenshaw_who_livesA former Missouri police chief is publicly saying that the Justice Department is actively leaking reports that it has found insufficient evidence to support federal charges against Ferguson police officer Darren Wilson. There is certainly a long and controversial history of the Justice Department leaking stories to the media to pressure targets or to prepare the public in otherwise secret or confidential investigations. While threatening witnesses and others over any disclosures, the Justice Department does not hesitate to make such leaks for political purposes. The question is whether the recent uptick in leaks is such a campaign. There has been an increase in such stories coming from unnamed Justice sources and former St. Louis County Police Chief Tim Fitch says that the evidence has supported the officer on a number of points, including a struggle within the cruiser.

Continue reading “Obama Administration Accused of Leaking Stories To Prepare For The Rejection Of Criminal Charges Against Officer In Ferguson Shooting”

Voter ID Unmasked

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

I can still remember the first time I voted in a National election.  I was a young, 18-year-old student and I could finally have a say in who was going to run the country.  It was a proud day for me and the countless other 18 year olds who were also voting for the first time.  I can honestly say that I have not missed voting in any election since.  That includes both primary and general elections.  There wasn’t always a lot to vote for in some of those primaries over the years, but I consider voting a duty, so I made sure that I made it to the polls.

It hasn’t always been easy for all citizens to cast their vote.  Even in my lifetime, the Jim Crow laws of the South made it difficult, at best for African-Americans citizens to register and to cast their ballots.  After years of protests and legal battles, I thought the Jim Crow style of voter suppression was a thing of the past.  It turns out I was wrong.  Very wrong. Continue reading “Voter ID Unmasked”

King Football: The Season Of Our Discontent

By Mark Esposito, Weekend Blogger

Good afternoon folks, and welcome to the sports holy day known as NFL Sunday. We mostly all love it. The collisions, the sparkling cheerleaders, the feats of athleticism that would have made an ancient Greek Olympian proud. It’s all there – drama, excitement, pageantry, bright colors and morality. Yep there’s bad boys (think Oakland Raiders, Baltimore Ravens) and good guys (anybody named Manning or Russell Wilson) and there’s music – marching bands, pep bands, loud speakers blaring just about any rap, punk, pop, or country song you like depending on locale. Football is king! Long Live The King!

But the king has had better seasons.

From the professional gladiators to the high school gladiators-in-training, football’s morality play has come off the skids. The carefully cultivated image of athlete as hero that echoes through the centuries from the plains at Marathon to an Olympic stadium in 1936 Berlin overseen by a bad man with a bad mustache, yes, and all the way to modern day techno-proficient, thunder booming, firework blasting sports theatres, Football America is suffering.

Maybe it was avarice or a sense of invulnerability or most likely hubris. All of football was riding high early this year. The NFL was enjoying record profits even having the audacity to ask its halftime acts to pay it for the privilege of sweating it out before millions of Americans at home and in person.  It was pushing the Old Man of US sports, Major League Baseball, from the headlines by moving its pre-season draft of players to prime time in … gasp … May, smack in the middle of  baseball season. The colleges had just finished a game of musical chairs and chicken all at the same time and got the venerable, doting NCAA to approve a bowl championship, an acknowledgment of the 5 Big Boy Conferences, and the shunning of anything approaching governing the Big 5.

Yes football was riding high — but there were signs of looming disasters to come.

Continue reading “King Football: The Season Of Our Discontent”

Grace Under Pressure: Guns, Cops, A Baby And Doing The Right Thing

By Mark Esposito, Weekend Blogger

Author’s Note: Grace Under Pressure is an ongoing series of posts honoring everyday people who courageously make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes live among us and that their service is quiet but unshakable proof that virtue really is its own reward  – and ours, too. You can read all of the Grace Under Pressure series by going to the blog search box and typing in the word “grace.” 

Rachel Kohnen was afraid her baby would be born in the car.
Rachel Kohnen was afraid her baby would be born in the car.

The contractions were coming fast and furious when eight and a half-months-pregnant, Rachel Kohnen, summoned her husband to get the SUV started at around 4:00 a.m. on Tuesday.  No novice to child-birth or false labor – Rachel has three kids already — she told him the pain was very different. It felt like the baby was coming and now was “go time.” True to his uxorious duties, husband Ben revved up the engine and the couple sped along an Iowa highway towards a hospital always too far away when you need one.  As speeds approached 85 miles per hour, the vehicle attracted the attention of the  Ft. Dodge (IA)  highway patrol. Rachel tried to call 911 to explain her situation as her husband managed to keep the SUV between the white lines but the dispatcher couldn’t understand the frantic words because of the incessant shouts from waves of pain.

Continue reading “Grace Under Pressure: Guns, Cops, A Baby And Doing The Right Thing”

Religion, Justice and The Just World Hypothesis

By Mark Esposito, Weekend Blogger

Can religious beliefs actually retard our intuitions for justice and fairness? Research seems to suggest it might well. The Christian religion has imbued Western thought with the fundamental belief that God presides over a just world – one where sin is punished and rightly-held beliefs and actions are rewarded. We see this attitude in every aspect of human interaction. Today, in some sparkling sports stadium an earnest athlete is bound to thank his deity of choice for the good fortunes that befell his team or his game changing performance. By extension, the loser ( a value loaded word if ever there was one) will decry his lack of luck. From the Book of Job to Pinocchio and Cinderella, this belief in what some psychologists call “immanent justice” or “The Just Word Hypothesis” seeks to explain our plight and our success. It also hardens our attitudes about the poor, victims of crimes and those folks either buoyed or sunk by pure chance.

The Book of Job gets us into the mindset. A saintly man if ever there was one as the Bible itself acknowledges, God allows Satan to test Job with all manner of suffering to determine his worthiness. Stripped of his wealth, prestige and power, Job then loses his children and ultimately his health and vigor. Still, Job endures and never ever curses his fate – or his God. He does consult his friends for some inkling as to the cause of his travails. Their answer, which comes like a thunderclap is: “Behold,” one of them declares, “God will not cast away an innocent man, neither will he uphold evildoers” (Job 8:20). Classic “Blame the Victim” mentality from this coterie of advisers.

Puzzled but resolute, Job however concludes that despite his worldly righteousness, he can never know divine justice and according to the story prostrates himself silent before his Master’s “Just World.’ For that, he is rewarded with the resumption of his wealth and status. He even replaces his children with seven new ones. The clear message to the world however is the same: God handles the world’s justice and we are powerless to exact our own except on only the most superficial level.

Jesus himself gets in on the act in the New Testament. Addressing the multitude in the Sermon on the Mount, he has two distinct things to say about justice and our expectations of it: Blessed are…..those who hunger and thirst for righteousness: for they will be filled. (Matt. 5:6) and Blessed are those who are persecuted for righteousness’ sake: for theirs is the kingdom of heaven. (Matt. 5:10). In modern speak, “Don’t worry God will handle it in his own way and, if you let him do so, you’ll get the whole enchilada. The pearly gates, the mansions, those singing and harp-playing cherubim … you, my faithful believer, get it all.”

Continue reading “Religion, Justice and The Just World Hypothesis”