NY Attorney General Letitia James Speaks 100s Other Real Estate Dealings Is Fraud

The People's Republic Of New York City Attorney General Letitia James Has A Long History Of Fighting Trump And Other Powerful Company In New York City And Now That Trump Is Going Paying Millions Dollars... So Now To Be Fair By The People's Republic Of New York City Laws 1000s Other Real Estate Company and 1000s Dealings... Also defrauded banks, insurers and others by exaggerating the value of assets on paperwork used for deals and securing loans. This is a tremendous victory for this state, this nation, and for everyone who believes that we all must play by the same rules – even former presidents,” James said in a statement.Show more

So i think that The People's Republic Of New York City can get tens of billions dollars from other NYC company... defrauded banks, insurers and others by exaggerating the value of assets on paperwork used for deals and securing loans.

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So because of targets Letitia James fixated on Donald Trump as she campaigned for New York attorney general, branding the then-president a “con man” and ″carnival barker” and pledging to shine a “bright light into every dark corner of his real estate dealings.”

Five years later, James is on the verge of disrupting Trump’s real estate empire after a judge ruled Tuesday that he defrauded banks, insurers and others by exaggerating the value of assets on paperwork used for deals and securing loans.

The ruling shifts control of some of Trump’s companies to a court-appointed receiver, meaning he could lose control of prized properties like Trump Tower, a sprawling suburban estate, office buildings and more.

https://ag.ny.gov/sites/default/files/decisions/trump-decision.pdf

For James, a Democrat, it’s just the latest joust with a powerful foe.

Donald Trump must pay $354.9 million in penalties for fraudulently overstating his net worth to dupe lenders, a New York judge ruled on Friday, handing the former U.S. president another legal setback in a civil case that imperils his real estate empire. Justice Arthur Engoron, in a sharply worded decision issued after a contentious three-month trial in Manhattan, also banned Trump, who is running to regain the presidency this year, from serving as an officer or director of any New York corporation for three years. Trump's lawyer Alina Habba vowed to appeal. Engoron canceled his prior ruling from September ordering the "dissolution" of companies that control pillars of Trump's real estate empire, saying on Friday that this was no longer necessary because he is appointing an independent monitor and compliance director to oversee Trump's businesses. Trump and the other defendants in the case, Engoron wrote in the ruling, "are incapable of admitting the error of their ways." "Their complete lack of contrition and remorse borders on pathological," Engoron wrote. "Instead, they adopt a 'See no evil, hear no evil, speak no evil' posture that the evidence belies."

The lawsuit brought by New York Attorney General Letitia James accused Trump and his family businesses of overstating his net worth by as much $3.6 billion a year over a decade to fool bankers into giving him better loan terms. Trump, who faces criminal charges in four other cases, has called the lawsuit a political vendetta by James, a Democrat. In posts on his social media platform, Trump called Engoron "crooked," James "corrupt," and the case against him "ELECTION INTERFERENCE" and a "WITCH HUNT." "This 'decision' is a Complete and Total SHAM," Trump wrote. "We cannot let injustice stand." Engoron, who decided the case without a jury, also barred Trump and his companies named in the suit from applying for loans from any financial institution chartered in New York for three years, which could curtail his ability to obtain credit from major U.S. banks. The judge said Trump and his companies' past run-ins with the law were part of the reason for the stiff penalties. The Trump Organization was found guilty of criminal tax fraud in 2022. Two other entities Trump ran previously settled allegations of wrongdoing brought by New York state.

Trump's adult sons, Don Jr. and Eric, also were defendants in the case. The judge ordered them to pay $4 million apiece. Their lawyer Clifford Robert called the decision a "gross injustice" and said he believes it will be overturned on appeal. Former Trump Organization CFO Allen Weisselberg, who pleaded guilty to tax fraud in a separate criminal case, was ordered to pay $1 million and barred for life from managing any New York company's finances. James said the penalties paid by all defendants totaled more than $450 million, including interest. "Donald Trump is finally facing accountability for his lying, cheating and staggering fraud," James said in a statement. "Because no matter how big, rich or powerful you think you are, no one is above the law."

PRESIDENTIAL RACE
The judge's decision could deal a major blow to Trump's real estate empire even as the businessman-turned-politician leads by a wide margin in the race for the Republican nomination to challenge Democratic President Joe Biden in the Nov. 5 U.S. election. During defiant and meandering trial testimony in November, Trump conceded that some of his property values were inaccurate but insisted banks were obligated to do their own due diligence. Engoron criticized Trump for his behavior during his testimony - and wrote that the testimony hurt his cause. "Donald Trump rarely responded to the questions asked, and he frequently interjected long, irrelevant speeches on issues far beyond the scope of the trial," the judge wrote. "His refusal to answer the questions directly, or in some cases, at all, severely compromised his credibility." Trump could be required to deposit his portion of the full judgment plus interest during an appeal. Trump could also post a smaller amount with collateral and interest by securing a type of loan called an appeal bond. But he may have trouble finding a willing lender after Engoron found he lied to banks about his wealth. It is unclear how much access to cash Trump has, and estimates of his fortune vary, with Forbes pegging his net worth at $2.6 billion. Trump testified in a deposition last year that he had roughly $400 million in cash. Trump's stake in the parent of his social media app Truth Social is worth about $4 billion, based on how the shares of a blank-check acquisition vehicle with which it has agreed to merge trade. Trump will be allowed to sell shares in the combined company six months after the merger is completed, according to a regulatory filing. U.S. financial regulators greenlighted the deal this week. While Trump could also sell of parts of his real estate portfolio to satisfy the judgment, it is unclear how much his holdings are worth, and selling them could take time. Trump will not be able to use campaign funds to pay the judgment because the case was not related to his campaign or his conduct as a president or political candidate, according to some legal experts. In another civil case, a jury last month found that Trump must pay writer E. Jean Carroll $83.3 million for defaming her by denying her claim that he raped her decades earlier. Trump has vowed to appeal. Another jury last year ordered Trump to pay Carroll $5 million in a separate case. CRIMINAL CASES Trump is under indictment in four criminal cases, including one in New York related to hush money paid to a porn star. The judge overseeing that case on Thursday set a March 25 trial date. Trump has also been charged in Florida for his handling of classified documents after leaving office and in Washington and in Georgia for his efforts to overturn his 2020 election loss. Trump has pleaded not guilty in those cases. During the civil fraud case, Trump lashed out in the courtroom on Jan. 11 - the day of closing arguments - against the judge and James while proclaiming his innocence. "You have your own agenda," Trump scolded Engoron, who told Trump's lawyer "control your client." The judge during the trial fined Trump $15,000 for twice violating a gag order against disparaging court staff. Engoron ruled in September that Trump's financial statements were fraudulent, leaving the focus of the trial on how much Trump should pay in penalties.

Trump tangles with judge as New York civil fraud trial wraps up.
Trump reaped over $100 million through fraud, New York says as trial starts. Trump cannot deliver closing arguments at NY fraud trial, judge says.
Trump should be banned from NY real estate for 'outrageous' fraud, attorney general says.

The People's Republic Of New York City
With a total population of over 8.3 million, the Big Apple is not only the largest sanctuary city in the nation but also one of its oldest. In August of 1989, then-Mayor Ed Koch (D) signed an executive order barring the disclosure of information about an individual’s immigration status unless required by law or if the subject “is suspected … of engaging in criminal activity.”

Koch also issued executive orders allowing illegal aliens to access city services, which were subsequently reissued by Mayor Michael Bloomberg (R) in 2003. The city’s pro-sanctuary stance has only hardened since Bill de Blasio (D) assumed office, including adopting policies of noncompliance with immigration warrants except in very limited circumstances.

NYC’s sanctuary policies led to such egregious crimes as the brutal rape and murder of 92-year-old Dominican immigrant Maria Fuertes by a Guyanese illegal alien in January 2020. The suspect had been in NYPD custody in November 2019 – after being charged with assaulting his own father and criminally possessing a weapon – but local authorities ignored an ICE detainer and set him free.

Kevin O’Leary says he will no longer invest in ‘loser’ New York after Trump verdict “Shark Tank” investor Kevin O’Leary ripped into what he called “loser” New York and vowed to no longer invest in the state, when asked about a New York court’s $355 million verdict against former President Trump last week.

Trump, his business and his top executives — including the former president’s sons — were dealt a major blow last Friday when Judge Arthur Engoron ordered him to pay more than $355 million for conspiring to alter his net worth to receive tax and insurance benefits. The order also blocks Trump from participating in New York business for three years.

“This award, I mean, just leaving the whole Trump thing out of it and seeing what occurred here … And I’m no different than any other investor, I’m shocked at this,” O’Leary said in an interview Monday with Fox Business. “I can’t even understand or fathom the decision at all. There’s no rationale for it.”

The award was part of New York Attorney General Letitia James’s (D) lawsuit against the former president, the Trump organization and his executives based on more than a decade of fraud and capped off a months-long civil fraud trial in the state.

O’Leary, the chairman of O’Leary Ventures, argued New York was “already a loser state,” citing policy, high taxes and uncompetitive regulation as primary reasons.

“It was already on the top of the list of being a loser state. I would never invest in New York now,” O’Leary said. “And I’m not the only person saying that.”

O’Leary claimed existing businesses and new ventures are going to different states such as Texas and Florida.

“So, they’ve got lots of work to do to find themselves getting out of this situation. This has all occurred post-pandemic … winner states versus loser states,” he said.

Fox Business anchor Neil Cavuto then asked O’Leary what he thinks about New York Gov. Kathy Hochul’s (D) attempted assurances to New York business owners, in which she told residents there was “nothing to worry about.”

“We’re very worried, every investor is worried because where is the victim? Who lost the money? This is some arbitrary decision a judge made,” O’Leary responded. “This policy … what does this say about the bar? About the legal bar in New York? Aren’t they going to question this judge? What is this?”

“I’m sorry her words fall on deaf ears to everybody,” he added. “There’s nothing she can say to justify this decision. And this has nothing to do with Trump, nothing to do with Trump. Forget about Trump, this is not a Trump situation, this is a New York problem.”

The Hill reached out to Hochul’s office for comment.

Trump celebrated O’Leary’s remarks on his social media platform Truth Social, writing, “Kevin O’Leary is so great, and tells it like it is. Businesses will flee NYC & State after the Corrupt Judge’s ruling!”

Trump Keeps NY Empire Intact as Judge Rescinds Asset-Sale Order Judge in September canceled Trump business licenses in state Asset-sale order could be revived if monitors find new fraud. Judge in September canceled Trump business licenses in state
Asset-sale order could be revived if monitors find new fraud
Donald Trump was banned from doing business in New York for three years and ordered to pay $354 million for lying about his wealth, but one thing missing from the judge’s order was an earlier edict to dissolve all the companies the billionaire owns in the state.

In a surprise move, Justice Arthur Engoron backed off Friday when he issued punishments in the civil fraud case, walking back his earlier ruling and leaving Trump’s control over his New York empire largely intact — for now. Instead, the judge said any decision about forced sales would depend on what two appointed monitors learn about individual Trump businesses.

Back in September, the judge ordered the cancellation of all Trump Organization LLC business licenses in New York after concluding before the trial that the real estate mogul was liable for a decade of fraud as alleged by the state in a lawsuit. That could have led to a messy liquidation process that threatened to expose Trump’s murky private businesses.

Trump could fight cancellation of his business licenses, especially since the New York attorney general never requested it. Legal experts say Engoron’s order in September went above and beyond, and likened the ruling to a corporate death penalty, threatening Trump’s control of marquee properties like Trump Tower, the 72-story landmark 40 Wall Street and the Trump National Golf Club.

Anthony Sabino, a law professor at St. John’s University in New York, called the original order “draconian.” He said, “The Trump Org is a complex organization, but this is an extreme remedy of punishing the entities and the real life people who work there. This is a like using a shotgun when you need a surgeon’s scalpel for certain bad actors.”

Trump’s businesses involve hundreds of entities under the umbrella of the Trump Organization. About half the value of Trump’s real estate portfolio, worth some $1.5 billion, is located in New York state, according to the Bloomberg Billionaires Index.

While the businesses will be allowed to keep operating, Engoron said he’ll rely on two outside overseers to monitor “major activities that could lead to fraud.” The judge ordered a compliance director for Trump’s companies — who would join the monitor he’d already appointed. Engoron said he could renew his call for “restructuring and potential dissolution” based on “substantial evidence.”

That means there’s still risk of forced asset sales in the future for Trump if Engoron changes his mind.

“This is a venal sin, not a mortal sin,” Engoron wrote in a 92-page ruling against Trump, his two eldest sons and two former Trump Organization executives.

The judge’s change of heart came as legal experts predicted the former president would have solid grounds for an appeal because dissolution orders are so rare, and because New York Attorney General Letitia James never asked the judge to consider it.

“This is a big deal and has only happened a few times over the years,” said Bennett Gershman, a professor at Pace University’s law school. “This is unlikely to be upheld on appeal.”

‘Irreparable Impact’
A Manhattan appeals court in October halted the dissolution order pending all appeals in the case.

Christopher Kise, the former president’s lawyer, argued Engoron’s September decision would cause “irreparable impact on numerous companies” and 1,000 employees within the Trump empire. “This is everything owned or controlled by the defendant,” Kise said. “Once you dissolve, you dissolve. It’s chaos. It’s chaos right now.”

Even lawyers for James said the state didn’t want penalties that kill off Trump’s businesses.

Diana Florence, who spent 25 years as a Manhattan state prosecutor handling business fraud, called the certificate cancellations a “nuclear option” that would essentially kill Trump entities in the state.

To be sure, much of the growth at the Trump Organization has increasingly come from outside New York. Revenue at his network of golf courses across the US and Britain has grown by more than 50% since 2019, and the boom in Florida has benefited his best-known assets there, Trump Doral and Mar-a-Lago.

Canceling business certificates and a forced asset sale — should those ever occur — wouldn’t completely dissolve Trump’s company, but they would certainly impact his operations in the state.

Small-Timers
Adam Leitman Bailey, a Manhattan real estate lawyer, said the law invoked by the judge is usually employed against small-time swindlers rather than big businesses that have been around for generations.

“This is not a statute they should be using to take down a billion-dollar business,” Leitman Bailey said.

Dissolution would be a little like bankruptcy, with a receiver continuing to pay bills for the business until the assets are sold off. After paying off loans, employee salaries and money owed to vendors and suppliers, it’s possible that whatever remains would be returned to Trump.

During a three-month trial, lawyers for New York argued that Trump inflated asset values on annual financial documents for more than a decade to dupe Deutsche Bank AG and other lenders into giving him better terms on hundreds of millions of dollars in loans.

In his order Friday, the judge said documents presented as evidence in the case proved the state’s claims “over and over again.” He chastised Trump and his sons, saying their “complete lack of contrition and remorse borders on pathological” and that they “are incapable of admitting the error of their ways.”

Meanwhile, Engoron’s appointment of a compliance officer to oversee the company may complicate deal making and could accelerate the Trump Organization’s focus on growing outside of the state.

“The long term issue here is the Trump legacy,” said Florence, the former state prosecutor. “This is the company that survives Donald Trump and will be inherited by his kids and grandkids, but it will be a much more diminished legacy he’ll leave behind.”

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Kathy Hochul is the 57th and first female Governor of New York State.

New York Attorney General Letitia James today released the following statement after Justice Arthur F. Engoron of New York State Supreme Court ruled in her favor in her office’s civil fraud case against Donald Trump, the other individual defendants, and the Trump Organization entities, ordering the defendants to pay more than $450 million in total, which represents $363.8 million in disgorgement and pre-judgment interest:

“Today, justice has been served. This is a tremendous victory for this state, this nation, and for everyone who believes that we all must play by the same rules — even former presidents.

“For years, Donald Trump engaged in massive fraud to falsely inflate his net worth and unjustly enrich himself, his family, and his organization. While he may have authored the ‘Art of the Deal,’ our case revealed that his business was based on the art of the steal.

“When powerful people cheat to get better loans, it comes at the expense of honest and hardworking people. Everyday Americans cannot lie to a bank to get a mortgage to buy a home, and if they did, our government would throw the book at them. There simply cannot be different rules for different people.

“Now, Donald Trump is finally facing accountability for his lying, cheating, and staggering fraud. Because no matter how big, rich, or powerful you think you are, no one is above the law.”

The decision issued today by Justice Arthur F. Engoron grants the following relief:

Donald Trump and the other defendants are ordered to pay more than $450 million in total, which represents $363.8 million in disgorgement and pre-judgment interest;
Donald Trump, Allen Weisselberg, and Jeffrey McConney are each banned from serving as an officer or director of any New York company for three years;
Allen Weisselberg and Jeffrey McConney are additionally banned from serving in a financial management role in any New York company for life;
Donald Trump, Jr. and Eric Trump are banned from serving as an officer or director of any New York company for two years;
Donald Trump and his companies are banned from applying for loans from any New York bank or financial institution for three years;
A new, Independent Director of Compliance role will be created at the Trump Organization to ensure the company establishes internal protocols and meets financial reporting obligations; and
The current independent, external monitor will continue to oversee the company’s financial dealings and ensure this fraud cannot continue.
Following a three-year investigation, in September 2022 Attorney General James filed a lawsuit against Donald Trump, a number of Trump Organization companies, and senior executives for engaging in years of financial fraud and illegal conduct. In September 2023, before this trial began, Justice Engoron issued a ruling granting Attorney General James' motion for partial summary judgment, finding that Donald Trump and the defendants committed fraud by falsely inflating the value of his assets. Today’s decision and order that Donald Trump and the other individual defendants also engaged in illegal conduct and that relief against the defendants is necessary to prevent further fraudulent and illegal conduct comes after 11 weeks of trial, which concluded with closing arguments last month.

The investigation and subsequent legal action were conducted by Senior Enforcement Counsel Kevin Wallace, Special Counsel Andrew Amer, Assistant Attorney General Colleen K. Faherty, Assistant Attorney General Alex Finkelstein, Assistant Attorney General Wil Handley, Assistant Attorney General Stephanie Torre, Assistant Attorney General Sherief Gaber, Special Counsel Eric R. Haren, Real Estate Finance Enforcement Section Chief Louis M. Solomon, former Assistant Attorney General Mark Ladov, former Assistant Attorney General Austin Thompson, and Legal Support Analysts Samantha Stern and Labiba Hasan. Additional support was provided by Data Analyst Anushua Choudhury, Senior Data Analyst Akram Hasanov, Data Analyst Blake Rubey, former Data Scientist Chansoo Song, former Deputy Director of Research and Analytics Megan Thorsfeldt, and former Director of Research and Analytics Jonathan Werberg; as well as Information Technology Specialist Hewson Chen, Information Technology Specialist Paige Podolny, and Information Technology Specialist John Roach. Appellate support was provided by Deputy Solicitor General Judith Vale, Deputy Solicitor General Ester Murdukhayeva, Senior Assistant Solicitor General Dennis Fan, Assistant Solicitor General Cleland Welton, Assistant Solicitor General Daniel Magy, and former Assistant Solicitor General Eric Del Pozo. The investigation was overseen by First Deputy Attorney General Jennifer Levy.

https://ag.ny.gov/sites/default/files/decisions/trump-decision.pdf

At Trump's New York fraud trial, judge makes clear who's in charge As Donald Trump on Monday began using his time on the witness stand at his civil fraud trial to air grievances and avoid direct answers to questions, Arthur Engoron, the trial judge and a prime Trump target, decided enough was enough.
"Mr. Kise, can you control your client?" Engoron asked Trump's lawyer, Christopher Kise. "This is not a political rally. This is a courtroom."
It wasn't the first time the 74-year-old Engoron, a former taxicab driver who has spent two decades on the bench, lost patience with the defense in New York Attorney General Letitia James' lawsuit.
James has accused Trump, his family business, his adult sons and many other defendants of manipulating financial statements, asset values and Trump's net worth to defraud banks and insurers.
Since the trial began in a downtown Manhattan courtroom one month ago, Engoron has fined the former U.S. president twice for violating a gag order barring him from criticizing the judge's law clerk, and on Nov. 3 expanded that order to cover Trump's lawyers.
Trump, a Republican, criticized James while on the witness stand, saying the Democrat "should be ashamed of herself" for leading what he again called a "political witch hunt."
He was also unsparing with Engoron, a Democrat and American Civil Liberties Union member, telling the courtroom that on a question of law "I'm sure the judge will rule against me because he always rules against me."
During Monday’s proceedings, Engoron threatened to cut off Trump’s defiant, often rambling testimony.

When Trump resisted answering a yes-or-no question from a lawyer from James' office on the valuation of a Wall Street office tower, Engoron interrupted.
"We got another speech" from Trump, he told Kise. "I beseech you to control him if you can. If you can't, I will."
TRUMP'S 'FANTASY WORLD'
The criticisms mirrored displeasure that Engoron, who is hearing the case without a jury, has often shown the defense, last year holding Trump in contempt for ignoring a subpoena.
Engoron ruled in September that Trump's financial statements contained fraud.
That left for trial whether Trump and the other defendants should pay the $250 million in penalties that James wants, and whether to ban Trump from New York state real estate business.
Engoron's earlier ruling, too, was unsparing, saying the defendants lived in a "fantasy world" by claiming he could ignore any asset valuations, and that Trump might have built his fortune on something less savory than "savvy investing."
The notoriety of Trump's case is a big change for a judge who, while not shy about using colorful language in the past, has spent most of his 44-year legal career in New York out of the public eye.
In two of his recent higher-profile decisions, Engoron halted developers' plans to build a condominium on Manhattan's Upper West Side that critics called far too tall, and giant apartment buildings on Manhattan's Lower East Side.
Though both decisions were overturned on appeal, John Low-Beer, a lawyer who argued against the condominium, called Engoron "very concerned about understanding the case and the applicable law completely, and to get it right."
Engoron graduated from Columbia University and New York University's law school.
He spent more than a decade in private practice and 12 years clerking for a state judge before becoming a civil court judge in 2003. Voters elected him to the state Supreme Court, a trial court, in 2015.

Judge Won’t Let Banks and Insurers Hide Their Trump Docs Companies that did business with the Trump Organization as it allegedly inflated the value of the company can't magically hide documents showing their ties to Trump.

Banks and insurance companies trying to keep the public in the dark about their business dealings with Donald Trump ran into a ray of legal sunshine on Tuesday, after a judge ruled that he wouldn’t seal records in the run-up to the New York Attorney General’s upcoming trial against the real estate mogul.

A handful of firms associated with Trump made a last-ditch effort to hide documents that detailed the way they unwittingly became part of the Trump Organization’s alleged scheme to inflate assets. But the judge, Arthur F. Engoron, ruled that—aside from information like the home addresses of certain employees and bank account numbers—the public has a right to see the documents and communications.

The former president is just 34 days away from heading to civil trial in New York City, where his personal finances will be put under a microscope while the state’s AG tries to bleed his corporation dry over the way it routinely overstated its holdings on official documents.

But with that trial around the corner, the companies that kept lending him hundreds of millions of dollars for business deals are trying to quietly slink away into the shadows—and hide the paperwork that shows how they played along.

Zurich American Insurance Company, WSFS Bank, Ladder Capital and others earlier this month asked the judge overseeing the case to seal documents that detailed the way they communicated with the Trump Organization while they evaluated its assets.

Some of these records form the backbone of AG Letitia James’ $250 million lawsuit against the Trumps, purportedly showing how the real estate mogul and the family members he made executives got away with minimal scrutiny—by asserting fantastical financial numbers that weren’t examined carefully. Had they been, auditors and loan officers would have realized that Trump was easily doubling and tripling the value of property to snag better bank loans and insurance policies.

Zurich, for its part, claimed some documents—which had already made their way into the court docket as evidence—”contain highly-sensitive, non-public proprietary information about Zurich’s insurance business, including Zurich’s highly protected underwriting guidelines” and “competitively sensitive financial information.”

Meanwhile, lawyers for WSFS Bank complained that journalists have been trying to reach one of their employees over his role in a business lifeline tied to Trump’s estate north of New York City—a failed development project that he nonetheless valued as if it were a success when he donated the land to conservation and got a massive tax break.

“One employee who has already been publicly linked to the Seven Springs loan receives unwanted media inquiries every time the case appears in the news, which he finds ‘disruptive and distressing,’” the bank complained earlier this month.

The AG pushed back in court documents, citing the need in a democratic society for the American public to have access to ongoing court battles. Her lawyers also quoted legal precedent that “neither the potential for embarrassment or damage to reputation, nor the general desire for privacy, constitutes good cause to seal court records.”

On Tuesday afternoon, Judge Engoron said he’d allow the companies to hide personal information, but he sided with the AG that most of the documents should stay in the open.

“Here, the non-parties have failed to demonstrate a compelling interest in favor of wholesale sealing that outweighs the public’s right to access and the presumption in favor of open judicial proceedings,” Engoron wrote.

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=6wKFp15FRWIkdvD9RKilQg==&system=prod

Meet Letitia James... Death To America ? Letitia “Tish” James is the 67th Attorney General for the state of New York. With decades of experience and a long record of achievements, she is a powerful, effective attorney and lifelong public servant. When she was elected in 2018, she became the first woman of color to hold statewide office in New York and the first woman to be elected Attorney General.

In her first term, Attorney General James focused on protecting vulnerable New York residents and ensuring that individuals or companies that broke state laws were held accountable. She secured more than $7.5 billion for New York from those who broke state laws and took advantage of New Yorkers, including more than $2.5 billion from opioid manufacturers and distributors for their roles in the opioid epidemic. Under her leadership, the Office of the New York State Attorney General helped remove more than 4,000 guns from New York communities, took down dozens of dangerous drug and gun trafficking rings throughout the state, and took legal action to stop the proliferation of ghost guns.

Attorney General James took on predatory landlords who harassed tenants and endangered children by violating New York’s lead paint laws. She protected New Yorkers’ health and the state’s natural resources by going after polluters and companies that flouted environmental protection laws. Attorney General James stood up for vulnerable populations by going all the way to the U.S. Supreme Court to stop a question about citizenship from being added to the census and successfully protecting DACA.

She has been a national leader in the fight to defend access to reproductive health care, leading dozens of legal actions across the country to protect and expand access to this lifesaving care. Attorney General James also stood up against corruption and took strong action against officials who broke New York laws or workplace protection measure, regardless of their status or political affiliation.

Before serving as Attorney General, Letitia James was the public advocate for the City of New York. When she was elected in 2013, she became the first woman of color to hold citywide office. During her tenure as public advocate, her office passed more legislation than all previous public advocates combined, including a groundbreaking law that banned questions about salary history from the employment process to address the pervasive gender wage gap. Prior to serving as public advocate, Letitia James represented the 35th Council District in Brooklyn in the New York City Council for 10 years. As a council member, she passed the Safe Housing Act, legislation that forced landlords to improve living conditions for tenants in New York City’s worst buildings. Before her election to the City Council, Letitia James was head of the Brooklyn Regional Office of the New York State Attorney General’s Office.

Letitia James began her career as a public defender at the Legal Aid Society. A proud Brooklynite, she is a graduate of Lehman College and Howard University School of Law.

Gold fringe flag is our enemy Years back, in the course of studying law, I came to realize there must be two distinct types of “law schools.” The most common type, which the typical law student graduates, is licensed, and makes his or her career, making deals (known as “plea bargaining”) for a criminal defendant client, or chasing ambulances in order to broker insurance paid settlements. Then there are the law schools for the elite which actually delve into the more intricate and complicated realms of law — with all its attenuating associations. The article titled “Presidential powers, as defined by Constitution,” authored by Donna J. Grimsley, presiding judge of Apache County Superior Court, convinces me Judge Grimsley is lacking in her understanding of law (White Mountain Independent, Feb. 28 on Page A7). Upon quoting pertinent provisions of the U.S. Constitution relating to the powers of the president, Judge Grimsley concludes her story, stating: “As I reviewed the powers of the president, I did not find the authority to sidestep the Congress. Perhaps you can.” Yes, Judge Grimsley, I can! And here is the “authority:" The gold-fringed/bordered U.S. Flag! The flag, you see, trumps the Constitution. The gold-fringed flag sends the signal “Admiralty Law.” Under Admiralty Law, everything is premised upon “the law of the High Seas,” Where the admiral (or captain, etc.) has resolute discretion. By flying the gold-fringed U.S. flag, therefore, the U.S. Constitution is merely a discretionary document (no longer the organic law of the land). That said, I recommend immediate abolishment of all gold-fringed flags in Arizona: state and federal. This can be accomplished through the Arizona Legislature; or through the people via the initiative process. Once accomplished, the U.S. and Arizona constitutions become mandatory and a more common “rule of law” is sustained. That accomplished, the people of the state of Arizona no longer are compelled to recognize Barack Obama as the de jure “president of the United States of America.” And I say so for a number of reasons, i.e. no valid birth certificate, etc. As such, and as Mary Law wrote in a prior Independent letter to the editor, once Mr. Obama is removed from office (not by impeachment proceedings since he is not a de jure legitimate president; but by fact of no gold-fringed U.S. flag) every appointment, and every executive order this de facto imposter caused upon the American people falls as invalid (void ab initio). This includes Obamacare!

Let’s get to work Arizonans. Oh yeah, Donna Grimsley: I suggest going back to law school; but this time seek out the schools for the elite.

The gold fringed flag is indeed the flag of Maritime Admiralty Law often known as Uniform Commercial Code ( UCC ) Law . Commerce Law actually dates back to the time of the Babylonian King Hamurabi some 6000 years ago , also known as Hamurabic Code . This legal code of corporatizing the individual was instituted early on in the game as the development of large - scale civilization revealed that there were indeed far more poor people that there were rich people . In order to protect the wealthy and their political and social institutions , a clever system of Babylonian slave management was designed , whereby under a code of commerce all who entered a Court were viewed as corporations subject to a uniform code of commerce . Obviously , a poor individual / corporate entity can never stand much of a chance competing against a larger more wealthy corporation and will loose almost all of the time . This spawned the birth of the legal profession ( from the Babylonian word Lugal = Law ) and opened the floodgates for a new priesthood of shysters to evolve , but that is another discussion in and of itself .

From Babylonian Law this was incorporated into Hebrew Talmudic Law and eventually into ancient Roman Law before becoming the bedrock of Western Law . This morphing of the individual into a corporate entity under UCC is the reason why your name is always spelled in all CAPITAL LETTERS on your Birth Certificate , Social Security Card , Court Documents , Marriage Licenses and a host of other vital documentation as you are now partnered - up with the king / Government and subject to rule under the Law of Commerce where individual rights are subordinated to the rights of the Empire . This is evident also in the change of property ownership from Allodial Deed ownership to Fee Simple Deed " ownership " . ( Folks really need to get a life and understand this stuff ) This shift in Deeds has enabled the entire banking and mortgage industry shylocks to have their perpetual milk cow called the consumer . This tragedy is the only reason why some poor soul must mortgage away thirty years of his life to pay for four walls and a roof over his head . To add insult to injury , your Birth Certificate , and your children's , are then converted into human collateral by the vehicle of this straw man corporatizing and converted into Public Trusts / Securities and marketed as Mutual Funds traded in the Stock Market - who ever claimed that the purchase and sale of human chattel ever ended ? Your IRS Tax returns and Social Security records are used in determining your potential as an asset . Many people may be shocked to know that they have been purchased by Chinese investors . This is no joke .

Now , back to the flag issue . The gold fringed flag also denotes a state of emergency whereby all those in it's presence are subject to Military Court and / or Admiralty Court Justice . This Military / Merchant Code is best exhibited by the following .

Army Regulation , AR 840 - 10 , October 1 , 1979

" The Flag is trimmed on three sides with Fringe of Gold , 2 1/2 inches wide , such flags are flown indoors , ONLY in military courtrooms . The Gold Fringed Flag is not to be carried by anyone except units of the United States Army , and the United States Army division associations ".

How's that for a " decoration " . More like a declaration I would say .

https://law.justia.com/cases/federal/district-courts/FSupp/952/647/1432241/

McCann v. Greenway, 952 F. Supp. 647 (W.D. Mo. 1997)
US District Court for the Western District of Missouri - 952 F. Supp. 647 (W.D. Mo. 1997)
January 15, 1997
952 F. Supp. 647 (1997)
Daniel J. McCANN, Plaintiff,
v.
Ronnie GREENWAY, et al., Defendants.
No. 96-5038-CV-SW-1.
United States District Court, W.D. Missouri, Southwestern Division.

January 15, 1997.
*648 Daniel J. McCann, Golden City, MO, pro se.

Jeremiah (Jay) Nixon, Missouri Attorney General, Jefferson City, MO, Richard S. Scott, Lamar, MO, Harold F. Glass, Springfield, MO, for defendants.

MEMORANDUM OPINION AND ORDER
WHIPPLE, District Judge.

Pending before the Court is the motion of Defendants Greenway, Percy, Winslow, and Missouri Division of Family Services ("DFS") and the motion of Defendants James Bickel and his law firm, Russell, Brown, Bickel & Breckenridge to dismiss this action, among other grounds, pursuant to Federal Rule of Civil Procedure 12(b) (6) for Plaintiff Daniel J. McCann's failure to state a claim upon which relief can be granted. The twentyfive-page complaint in this action poses a number of problems, including the fact that over half of those pages merely list excerpts from various legal authorities, the relevance of which are not explained. Essentially, however, Mr. McCann appears to be suing everybody involved in a recent state court action in which Mr. McCann was divested of custody of his child or children for their conspiracy in the matter. His main complaint is that the state court did not have jurisdiction over the custody dispute because the court flew a "maritime flag of war", which invested the court with admiralty jurisdiction to the exclusion of its lawful jurisdiction over family law disputes.

I. FACTS
Defendants Greenway, Percy, Winslow, and DFS are a juvenile officer for the Circuit Court of Vernon County, two employees of DFS, and DFS itself, all of whom were involved in the custody hearing. Defendants James Bickel and his law firm, Russell, Brown, Bickel & Breckenridge represented Jalene McCann, Plaintiff's ex-wife, at the hearing on a motion for modification. Separately, these Defendants raise a number of solid grounds on which to dismiss, all of which could be addressed through reasoned (if ultimately unconvincing) argument. Mr. McCann, however, has chosen a different route. In nearly identical motions opposing Defendants' motions, Mr. McCann asks for declaratory relief and summary judgment, "refuses" Defendants' motions and briefs, "refuses" the term "pro se" being attached to him, realleges that Defendants were part of a fraud and conspiracy to deny him his constitutional rights at his hearing, and claims that Defendants's silence in the face of these deprivations controverted their oaths of office, which, naturally, rendered those oaths perjured. The actual deprivation of constitutional rights is best left to Mr. McCann's own prose:

7. The Defendants witnessed the use of an "American maritime flag of war" in the court room to establish the jurisdiction in *649 the bar as a war sanctuary, under the American "War Powers Act".

8. This flag is of stars and stripes with gold fringe, and or gold or yellow rope or braid, or gold eagle on top of the flag pole, placed in the bar to deprive the proper parties in the bar, to any action of and not limited to, the deprivation of all U.S. Constitutional rights. This "maritime flag of War", is used with "intent" [which is proper element to establish "perjury of oath"], as the proper authorities have not charged, anyone of the defendants titled above, to date, with the "Deprivation of rights under color of law" or the "policy and custom" at [title 42 U.S.C.A. 1983, chapter 21, at notes 319 and 337], with "intent" of the high standards that all officers of the court enjoy, and did "fraud" the court of its immunity from any objections or charges that may arise by the proper party who's rights were violated.

* * * * * *

10) The "necessary element", being the "maritime flag of war", is with the "knowledge" (title 42 U.S.C.A. 1986) of the Defendant judge and or court. The judge upon entering the court is responsible as the "fiduciary" of the court, to control the "color of law" of the court. The plaintiff has requested of the judge to "replace" the "America war flag" with an "American flag of peace".....

11) The sovereignty that the plaintiff is declaring is under "the American flag of peace" of "the United States of America".

* * * * * *

18) Policies and customs, have changed because one citizen stood up for the truth and what was right. The "maritime flag" abuse will be tested by this case .....
McCann Br. in Opp'n to Defs. Greenway, Percy, Winslow and DFS's Mot. to Dismiss (all capital letters in original; language in brackets in original); see also McCann Br. in Opp'n to Defs. James Bickel and Russell, Brown, Bickel & Breckenridge's Mot. to Dismiss (identical language in parts with negligible variations in others). To drive home the point, Mr. McCann has pasted on the front page of each of his motions a flag sticker which apparently represents the American flag of peace, it being without the offending fringe. Under that flag is the caption:

Incorporation Case No. 96-50380CV-SW-1

"Motion to Dismiss"

for "fraud" F.R.C.P. 9(b) and F.R.C.P. 12(b) (6) failed claim "motion", under the jurisdiction of the American flag of peace of the "United States of America" no jurisdiction of maritime or war will be allowed in this case incorporated case no. 96-5038-CV-SW-1.[1]
McCann Br. in Opp'n to Defs. Greenway, Percy, Winslow and DFS's Mot. to Dismiss (all capital letters in original); see also McCann Br. in Opp'n to Defs. James Bickel and Russell, Brown, Bickel & Breckenridge's Mot. to Dismiss (identical language in parts with negligible variations in others). Mr. McCann feels that the fringed flag in some way restricted the state court's jurisdiction to hold a custody hearing that disadvantaged him. He stakes his suit against these Defendants upon such a claim, because this is his sole argument against dismissal.

II. STANDARD FOR MOTION TO DISMISS
"In considering a motion to dismiss, we must assume that all the facts alleged in the complaint are true. The complaint must be liberally construed in the light most favorable to the plaintiff. A Rule 12(b) (6) motion to dismiss a complaint should not be granted unless it appears beyond a doubt that the plaintiff can prove no set of facts which would entitle the plaintiff to relief." Coleman v. Watt, 40 F.3d 255, 258 (8th Cir. 1994) *650 (citations omitted). Pro se complaints are entitled to a liberal construction. Edgington v. Missouri Dept. of Corrections, 52 F.3d 777, 779 (8th Cir.1995).

III. ANALYSIS
The issue before the Court is whether action taken by a state court during a child custody hearing while the court's flag is adorned with gold fringe idly hanging or a gold eagle vigilantly peering atop the flagpole somehow violates a litigant's rights under United States Constitution, and whether the Defendants, various child welfare workers, the state child welfare agency, the adverse litigant's counsel and his law firm, are liable for sitting mute without protest or action to cure. Before issuing its ruling, the Court must disclose that its courtroom and chambers each sport an American flag with gold fringe and a gold eagle atop the respective flagpoles. The Court declines to recuse itself, however, for reasons that become obvious below.

Other Courts have considered Mr. McCann's argument or arguments similar in nature or effect. Those courts have labeled the position as "frivolous",[2] "totally frivolous",[3] "preposterous",[4] and "a ... really unintelligible assertion[]".[5] This Court agrees. But in the interest of killing this argument for good, and to facilitate appellate review, the Court will examine the law of the flag.

The United States Code provides that "[t]he flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field", 4 U.S.C. § 1, with one star added for each additional state, 4 U.S.C. § 2. In the 1920s, Army Regulation 260-10 required troops in the field to fly flags with a yellow silk fringe. See 34 Op.Att'y Gen. 483, 484-85 (1925). The Adjutant General of the Army believed that

[t]he War Department ... knows of no law which either requires or prohibits the placing of a fringe on the flag of the United States. No Act of Congress or Executive order has been found bearing on the question. In flag manufacture a fringe is not considered to be a part of the flag, and it is without heraldic significance. In the common use of the word it is a fringe and not a border. Ancient custom sanctions the use of fringe on the regimental colors and standards, but there seems to be no good reason or precedent for its use on other flags.
Id. at 485 (quoting an untitled circular of the Adjutant General dated Mar. 28, 1924). The United States Attorney General concurred, noting that the presence of a fringe on the flag "can not be said to constitute an unauthorized addition to the design prescribed by statute". Id. The President may, however, determine whether the Army or Navy display or remove fringes from their flags or standards. Id. at 485-86. The latest effective executive order, signed by President Eisenhower, himself a military man, did not address this issue. See Executive Order No. *651 10834, 24 Fed.Reg. 6865 (1959), reprinted in 4 U.S.C.A. § 1 notes (1985).

Therefore, Mr. McCann's claims against the above-listed Defendants must be dismissed because his factual predicate is incorrect as a matter of law. Even if the Army or Navy do display United States flags surrounded by yellow fringe, the presence of yellow fringe does not necessarily turn every such flag into a flag of war. Far from it: in the words of the Adjutant General of the Army, "[i]n flag manufacture a fringe is not considered to be a part of the flag, and it is without heraldic significance." 34 Op.Att'y Gen. at 485. If fringe attached to the flag is of no heraldic significance, the same is true a fortiori of an eagle gracing the flagpole.

Nor are the fringe or the eagle of any legal significance. Even were Mr. McCann to prove that yellow fringe or a flagpole eagle converted the state court's United States flag to a maritime flag of war, the Court cannot fathom how the display of a maritime war flag could limit the state court's jurisdiction to take his child away from him. Jurisdiction is a matter of law, statute, and constitution, not a child's game wherein one's power is magnified or diminished by the display of some magic talisman.[6]

Because Mr. McCann offers no other reason why the state court lacked jurisdiction to hear the custody dispute, "it appears beyond a doubt that [Mr. McCann] can prove no set of facts which would entitle the plaintiff to relief." Coleman v. Watt, 40 F.3d at 258 (citations omitted). Consequently, his claims against the above-listed Defendants must be dismissed. Furthermore, Mr. McCann is hereby warned that the Court will reward future frivolous arguments with monetary sanctions. This warning will serve as notice to Mr. McCann regarding his behavior in all the cases he has before this Court.

Finally, to ensure that the remaining defendants are not similarly harassed by Mr. McCann, the Court will require him to file a pleading, within two weeks from this order, setting out with particularity his claims against each remaining defendant and a short citation to the legal authority supporting each claim. Failure to do so will result in the dismissal of each defendant against whom Mr. McCann cannot provide a nonfrivolous ground for relief.

IV. ORDER
For the reasons given above, it is hereby

ORDERED that the motions of Defendants Greenway, Percy, Winslow, Missouri Division of Family Services, James Bickel, and the law firm Russell, Brown, Bickel & Breckenridge are GRANTED and these Defendants are hereby DISMISSED from this action WITH PREJUDICE. It is further

ORDERED that Plaintiff McCann's motions for declaratory relief and summary judgment against these Defendants are DENIED. It is further

ORDERED that within two weeks of the date of this order, Plaintiff shall file a pleading setting out with particularity his claims against each remaining defendant and a short citation to legal authority supporting each claim. Failure to do so will result in dismissal of each defendant for whom Mr. McCann cannot provide a nonfrivolous ground for relief. It is finally

ORDERED that a true copy of this order be sent by certified mail to Mr. McCann at the address given on his complaint.

NOTES
[1] Mr. McCann must have the same legal advisor as the plaintiff in Leverenz v. Torluemlu, 1996 WL 341468, No. 96 C 2886 (N.D.Ill. June 17, 1996) (remarking upon the "bizarre" pleading entitled "Motion: Notice of Refusal for Fraud, Pursuant to F.R.C.P. Rule 9(b), Rule 10(a), and Rule 12(b) (1, 2, 3, 4, 5, 6, 7,) This case is under the jurisdiction of the American Flag of Peace (Title 4 USC 1) of the United States of America. No Admiralty or Maritime jurisdiction will be allowed in the jurisdiction of this case.").

[2] United States v. Greenstreet, 912 F. Supp. 224, 229 (N.D.Tex.1996) (rejecting argument that a federal court is limited to admiralty jurisdiction because it displays a fringed flag).

[3] Vella v. McCammon, 671 F. Supp. 1128, 1129 (S.D.Tex.1987) (rejecting argument that a federal court lacks jurisdiction to impose penalties for civil and criminal contempt because its flag is fringed).

[4] Commonwealth v. Appel, 438 Pa.Super. 214, 652 A.2d 341, 343 (1994) (rejecting argument that a fringed flag in a state courtroom conferred on the court admiralty or maritime jurisdiction).

[5] Leverenz v. Torluemlu, 1996 WL 272538, at *1 & n. 3 (N.D.Ill. May 20, 1996) (noting, where the complaint named as defendants a judge, a state attorney general, a doctor, several police officers from different communities, and 600 unnamed John and Jane Does, that "[s]ome idea of what is to come is provided by this legend that Leverenz attaches to his "Complaint" heading: [¶] This case is under the jurisdiction of the American flag of peace of the United States of America. No flags of war will serve this case jurisdiction."). The Court recognizes that standard practice in the Eighth Circuit is to refrain from citing unpublished opinions, see Plan for Publication of Opinions, reprinted in Eighth Circuit Rules and Procedures, Missouri Rules of Court: State and Federal (West 1996), unless "no published opinion would serve as well", National Auto. Dealers & Assocs. Retirement Trust v. Arbeitman, 89 F.3d 496, 502 (8th Cir.1996). The Leverenz court's colorful use of language fits the exception. See also supra note 1 (quoting a later motion in the Leverenz case as "bizarre").

[6] Cf. Moeller v. D'Arrigo, 163 F.R.D. 489, 491 & n. 1 (E.D.Va.1995) (dismissing as frivolous a motion alleging that state court had no jurisdiction over ongoing probate proceeding because it "display[ed] the federal and state military flags" such that "Admiralty jurisdiction prevail[ed]" in the state court, and rejecting notion that federal district courts have jurisdiction over matters arising under natural law when they fly a flag of the United States).

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