BULLETINS FROM ALOHA
Brings you Aaron Swartz AND:
THE POWER GRID
by Lauren Paulson January, 2013
JUDICIAL POWER COLLIDES WITH AARON SWARTZ’S LIFE
It is not you ---- it is NOT you that failed to prevent Aaron’s suicide. It is them. The dysfunctional power grid did it.
One week ago, I had never heard of Aaron Swartz. Now, he has taken that dotted line to nowhere and bridged the gap to somewhere. For me and I hope for you. Think PACER, a legal electronic depositary for lawsuits filed in federal court. Only a handful of state courts have this system. It is like JSTOR in the sense that it is a profit center for the government of what is in the public domain. Aaron spotted the contradiction of the government profiting from a legal bulletin board where federal court litigation records are available to the public for a price. He rightly felt these records should simply be in the public domain.
WE KNOW THE ENTIRE LEGAL SYSTEM IS DYSFUNCTIONAL
With the Judiciary being blown to the right, did Aaron have a right to fear prosecution in federal court? The answer is yes.
But, When Did It Start?
1950’s -- We know the legal system was not dysfunctional in the 1950’s because of Brown v. Board of Education.
1960’s -- We know the legal system was not dysfunctional in the 1960’s because of Miranda v. Arizona when the Supreme Court ruled that poor people are entitled to know their rights when subjected to criminal prosecution. (I wonder if Carmen gave Aaron these warnings?)
1970’s -- We can identify exactly when the worm turned:
The Perversion of Power in the Judiciary and the Law
THE LEWIS POWELL MEMO OF 1971
In 1971, Lewis F. Powell, then a corporate lawyer and member of the boards of 11 corporations, wrote a memo to his friend Eugene Sydnor, Jr., the Director of the U.S. Chamber of Commerce. The memorandum was dated August 23, 1971, two months prior to Powell’s nomination by President Nixon to the U.S. Supreme Court. Future Justice Powell stated that, “Strength lies in organization, in careful long-range planning and implementation, in consistency of action over an indefinite period of years, in the scale of financing available only through joint effort, and in the political power available only through united action and national organizations.”
What followed is a well orchestrated, long term plan to stifle the left and to stuff the dissent of the 1960’s and begin to nurture schools, think tanks and corporations in a new way of thinking. The following is no accident, but flowed directly from the conservative metamorphoses and Powell’s call to action of 1971 in the law. ALEC began in 1973.
National Center for State Courts (NCSC) -- Formed in 1971 by Richard Nixon and Chief Justice Warren Burger. Its mission is for judicial reform and to improve judicial administration in the courts of the U.S. The American Judges Association is an NCSC partner. Some of their meetings are secret.
1980’s -- The Federalist Society -- Formed in 1982, it is a group of conservatives and libertarians dedicated to reforming the current legal order. It now has chapters in 196 law schools. But, yet more:
American Inns of Court -- The concept began in the 1970‘s in Utah through the School of Law at Brigham Young University. Finally and formally formed in 1983 by Chief Justice Warren Burger to be an amalgam of judges, lawyers, law professors and law students. Its mission is to foster excellence in professionalism, ethics, civility and legal skills.
State Justice Institute -- Formed in 1984, Its mission is to ensure access to a fair and effective justice system. It serves to provide grants to State courts and to finance the activities of the National Center for State Courts with taxpayer money.
American Judicature Society -- whose mission is to improve the American justice system - to "secure and promote an independent and qualified judiciary and fair system of justice." The American Judiciary is partially sponsored by Bank of America.
This long-term focus began paying off handsomely in the 1980s, in coordination with the Reagan Administration’s “hands-off business” philosophy.
1990’s -- The National Center for State Courts and the State Justice Institute authored The Anti-Government Movement Guidebook. This Guidebook was financed by the State Justice Institute mentioned above. This Guidebook is a tutorial for judges on how to deal with citizens who are:
“...disaffected and often dispossessed (and) who
are seeking a better way....”
In short, this 200 page guidebook instructs judges in how to deal with self-represented litigants. A cynic may observe that it is instruction on how to avoid giving due process to the poor. One commentator wrote that The Anti-Government Guidebook “....instructs judges to be prejudiced ...” against anyone who dissents.
2000 -- The U.S. Supreme Court decided Bush v. Gore which explicitly dispenses with The Rule of Law. Whereas, before, the role of the U.S. Supreme Court is to establish precedent, Bush v. Gore is the first time in history that the U.S. Supreme Court says their decision is NOT precedent. This decision along with the Anti-Government Guidebook frees the judiciary from following The Rule of Law and frees the judiciary from providing citizens with The Due Process of Law. In other words, judges can do what they want when they want. Consider for a moment what that meant to Aaron Swartz and his fate.
2006 -- The dotted line can be traced to Lawrence Lessig, the author of Republic, Lost. Lawrence Lessig is a charismatic lawyer with glasses. And Harvard Law Professor. And proponent of Rootstrikers. He has a plan for
solving some of the power grid above. This is where the genius of Aaron Swartz and the genius of Lawrence Lessig come together.
People have called me Aaron's mentor. The truth is the other way around. Aaron was my mentor. Since I first met him 12 years ago, he had pressed questions exactly like that. Again and again, his questions steered me, and guided me.
Carmen Ortiz, U.S. Attorney for Massachusetts is the nemesis for Aaron who is guilty of nothing yet faced the prospect of being a convicted felon.
Amanda Marshall is the U.S. Attorney for Oregon and should be the nemesis of Ian Kyle who is guilty of lying to the Court. He faces nothing. You see, he is a lawyer for Bank of America who is lying to the Court in a foreclosure proceeding. He is one of the brazen breed who commit open fraud by being caught red-handed lying to the Court AND filing false documents with the Court. That was two years ago. I brought this to Amanda’s attention a year ago. Nothing.
Let’s see. Aaron withdraws some public documents from a public institution and faces felony charges. Carmen’s charges prove to be a death sentence.
Let’s see. Ian, a lawyer, lies to the Court and files fraudulent false documents with the Court, swearing they are true, gets caught and faces nothing.
This is happening all over the United States. Aaron gave us a blue print for doing something about it. Mr. Lessig gave us a place to start.
Eric Hoffer, The Longshoreman Philosopher said: “A movement is pioneered by (people) of words, materialized by fanatics and consolidated by (people) of action.” Let’s do it. Lauren Paulson
Lauren Paulson had a private practice in Aloha, Oregon for twenty years entertaining all clients, refusing few. He was elected to President of his County Bar in 1996 and to the Oregon State Bar Board of Governors in 2002.
Prior to that he worked as a corporate lawyer responsible for complex litigation across the entire United States. He has physically worked as a lawyer in every geographical subdivision of the country ending up as a senior officer for a Wall Street company in New York City. Dissent against the Oregon State Bar provoked the State Supreme Court.....to sick their police on him. The Power Grid enjoys the diminishing of those who dissent.
November 11, 2011
Oregon U.S. Attorney
1000 SW 3rd Ave #600
Portland, OR 97204
Re: Natache D. Rinegard-Guirma v. Bank of America, et al., Civil Case No. 10-1065-PK,
Lauren Paulson v. FHLF, LLC, et al., Civil Case No. 08-982-PK
Dear Ms. Marshall:
In this short time, it appears that your office has been busy. Congratulations on your Lighthouse mortgage fraud prosecution.
Yet one of the most pervasive frauds in Oregon’s mortgage market is flying just under everyone’s radar. It is omnipresent. This fraud is being ignored by the judiciary for reasons, I suspect, that has something to do with banks providing direct and indirect funding to the judiciary and to associations within the judiciary. Clear fraud is occurring by and through Oregon lawyers and Oregon financial institutions on innocent Oregon homeowners in foreclosure. No one is doing anything about this illegal activity that I describe in the attached Fraud Report on Bank of America. The Oregon Department of Justice, your former posting, has been missing in action in this arena, notwithstanding my prodding.
Enclosed you will find an April 26, 2011 letter I sent to John Deits of your office which summarizes only one of these cases. I call it ‘Natache’s’ case. It is compelling. The fraud worked on her by Oregon attorney Ian Kyle is bad enough. If you will look below the surface you will find that Mr. Kyle works for a nationwide network of companies that know very well what they are doing. My detailed Fraud Report describes how this insidious process works for Bank of America and their progeny.
As you peruse my information on Ian Kyle’s law firm, Routh, Crabtree and Olsen, you should note that the fraud perpetrated on the court and the homeowner specifically described in my letter to Mr. Deits, is not inadvertent. The Routh law firm reports that they have handled over 100,000 foreclosures. Further, this Bank of America law firm states in their website that:
“Each....(foreclosure) file goes through numerous reviews
and is fully....computerized to enhance efficiency AND
ACCURACY, hard copies and scanned images of ALL
pertinent documents are produced and readily available
for instant review...to ensure completeness of the fore-
closure.” (Emphasis supplied)
Federal Magistrate Judge Paul Papak did not deign to ask
Mr. Kyle how their law firm could have made such a devious error in filing his false documents that ‘just happen’ to favor Bank of America. Given the meticulous standards his law firm purports to have with respect to the “accuracy” of their documents--------points to intentional fraud by them on the Court and on Natache.
One must ask then, what about those other 100,000 foreclosure cases they have already handled and the millions yet to come?
Everyone has ignored how Bank of America and others game the legal system on all sides of the legal process in the foreclosure pipeline. Natache’s case is a textbook example on how this game works -- for the banks, for their lawyers and silently against the Natache’s of the world.
In my own case, which is “on all fours” with Natache’s case; the creditor is represented by the Schwabe mega-law office. This law firm, which is also well connected, having recently hired retired Oregon Supreme Court Justice Michael Gillette, also knows well what it is doing. Like Natache’s case, the judiciary is turning a blind eye to the blatant fraud of Schwabe attorney Craig Russillo just as they have done with Ian Kyle. Why? Because no one is looking. Oregon’s judiciary at the local level and the judiciary at the Ninth Circuit level is actively looking the other way. In the case of the Oregon Supreme Court, I have caught them red handed in ruling on the substantive issues of my foreclosure case, WITHOUT THAT COURT EVER LOOKING AT THE RECORD NOR THE TRIAL COURT FILE. There are over 200 of these cases in your building. (Check the Justia law index report for foreclosures in the Oregon District.) In virtually all these cases you will learn that the lender illegally foreclosed when they had no legal right nor constitutional standing to do so. This is what seventeen (17) judges in my case have ignored. Mosey down the hallway and have Judge Garr King and Judge Anna Brown fill you in on the details in their cases on this same issue.
Then if you peel below the next layer, you will find that Bank of America, Merrill Lynch, Wells Fargo and other financial institutions are sponsoring various national legal entities such as the American Judicature Society, probono.net and an endless string of groups that are doing in the legal arena the exact same thing they all did in the financial arena -- they play all sides of the bet. (See the recent book by a writer for The New York Times, Joe Nocera and Bethany McLean, All the Devils are Here, Penguin Press, 2010 on how this game is played on the major stages of Wall Street.)
The Multnomah County Bar Association is even funded by Merrill Lynch, a Bank of America subsidiary, on their soirees for local judges including Oregon Supreme Court Chief Justice, Paul De Muniz, most recently. This can be confirmed by going to their website.
Thus, by sponsoring various legal trade associations, Bank of America and the others are securing the silence of judges like federal magistrate judge Paul Papak as to the open financial fraud perpetrated by lawyer Ian Kyle and Craig Russillo -- openly in his courtroom and everywhere -- top to bottom.
It is no accident that Justice De Muniz is retiring because I have caught him and the Oregon Supreme Court red-handed as described above. It is no accident that Oregon’s Attorney General John Kroger is taking himself out of the game. He has been ignoring this vital issue of lender fraud for over three years --probably, because he wanted to run for governor before other scandals have overtaken him. I have formally written to him on this issue beginning over three years ago without result. No one is paying attention.
I hope you will. It is a long story. It is a multifaceted fraud. It is an important story. It is a compelling story. All the other players stand mute. Since 2004 there are probably tens of thousands of Oregon homeowners subject to the scam of banks foreclosing with fraudulent documents.
Remember the lonely whistleblower of Madoff? The present fraud is no smaller in scope nor amounts. All one has to do is be curious. Few prosecutors have been curious.
Very truly yours,
cc: Governor Kitzhaber, Senator Merkley, John Kroger, Natache
I sing my Secrets Loud
For loud they must be sung.
My heart is Unbowed
My doors are widely swung.
My Truths are well-known,
My anguish oft revealed.
I’m naked to the bone,
Standing with no shield.
The anger will endure
While deeds speak the truth,
In language sweet and pure.
I’ll stop the lying mouth
While Rage warps my cry
In witless agony. Roethke and claurenpaulson2013
STOPPING RANDOM VIOLENCE
by Lauren Paulson
What If All It Took is For Someone to Listen, Really Listen,
And Tend to the Speaker’s Dilemma?
The journey here is through the looking glass with a reflection. A reflection that examines how ‘the system’ blows citizens off. That leads to frustration. To marginalization. To violence -- because leaders are not listening to people.
“They tell all the Truth, but tell it slant --
Too bright for our eyes.
Theirs is success in a Circuit of lies.
Their Truth dazzles gradually
And makes us all go Blind.
Leaving us to Strike out in that
This journey takes you from what happens locally, then to the state, then to how real people are ignored nationally. Marginalized. Ignored. A formula for anger and bad acts.
1. The City -- A local business person rented a building to a car dealership for their body shop. The car dealership made huge and appropriate improvements. With the downturn in the car economy, the local dealership decided not to renew the lease. This was good news to a husband and wife team running a competitive body shop nearby. They wanted to lease the improved building. The city made them go through an expensive and protracted land-use-approval process even though the use was exactly the same as the building’s use for the last 15 years.
Scorecard -- City 1 Citizens 0
2. The County -- The local citizens involvement committee purports to be a neutral ‘Town Hall‘. That is a sham. The real purpose of this organization is to control the debate and facilitate the County Commissioner’s message.
3. A Local Project -- A $22 million road widening project impacted 200 local citizens homes including small businesses and historic buildings.
The County bamboozled the citizens by putting ‘plants’ on the citizen’s approval committee and by lying about controversial aspects of the project to ensure citizen support.
Scorecard -- Officials 1 Citizens 0
4. A Metro Project -- Leaders decided a patchwork diesel train commuter project (WES) would be a good addition to the electric light rail system. The $161 million dollar WES project failed to use the legally required-by-law citizen’s involvement process. Local pols simply wanted to do it their way. Whistleblowing to the Governor and the Feds is ignored. The ‘commuter-project-to-nowhere’ covers 14.7 miles. It is a failed project.
No one is listening nor accountable. If a citizen ignores the law they are held accountable. Not so with leaders and the powerful.
5. Foreclosure -- Local politicians freely admit that banker’s lobbying controlled the modest state response to thousands of foreclosures in the state. There were over 4,000 foreclosures in the state last year. There is no end in sight. Four years of writing to local politicians on this subject has produced no response. In visits to the local capitol on this subject; they are too busy for you. They never respond to regular-citizen’s ideas for new legislation. The system is fixed. Check out the Oregon Law Commission.
6. Federal politicians -- Five years of writing to Congresspersons and Senators has never, -- never produced a personalized response. The singular, shining exception to this rueful result is Oregon Senator Jeff Merkley. His integrity is now being illuminated on Capitol Hill.
Email, yea, sure -- Politicians have subtly insulated themselves from citizens. Consumers now traffic by Email. You cannot Email a politician. They make you use their website form. When one dutifully fills out the form, it goes off in the ethernet never to be heard from again.
7. Nationally -- The Occupy movement appears on the scene as a tangible citizen’s response, calling for specific and expansive change. The overwhelming police response to Occupy is hostile. Instead of listening; police, with the aid of federal home guard money providing police toys, crush this meaningful citizen method of dissent. A federal agency investigation confirms the local police abuse. Nothing changes. When local citizens protest eviction they are met with a huge cadre of gun toting police to protect the 1% against the rabble.
8. Help for those Marginalized -- “Erika Menendez, charged with shoving a stranger to his death under a train in Queens, has a long history with New York City's law enforcement and mental health establishments.” [The New York Times December 31, 2012] Over a cool drink, I talked to a nurse at a former state mental hospital. It became fashionable to close state mental hospitals and treat the inmates as ‘outpatients’ . That is our system today. Probably, each of us know marginalized people seeking help from the government , to no avail.
9. Is Getting Section 8 Housing help possible--Or any reasonably priced housing ?
Let’s assume you are newly indigent. You need housing. There is no agency anywhere that takes your information and actually helps you to a rescue place. Because there is no hand-off. Section 8 housing (named curiously similar to “a Section 8 “ --when they muster you out of the military because of mental problems) ---does not exist. Senior housing does not exist. Apparent legitimate efforts at providing ‘senior’ housing is really nursing homes’ gambit to get Senior’s money. Veterans’ housing opportunities are no better. Even now.
If a marginalized citizen innocently seeks help online, one is met by the same fraud the local County perpetrated on their highway projects when they substituted the Right-of-Ways agent’s brother for a real local citizen. We have allowed scammers to hijack help-sites on the internet. The most blatant example is Bank of America sponsoring probono.com as a legal aid website for foreclosure.
Let us suppose that a 68 eight-year old veteran seeks assisted housing. One might google “senior, veteran housing”. You would not get a government agency. You would get “my SeniorCare” who is clearly surfing for the elderly citizen’s pension checks for assisted care. In order to complete the deception they talk about Veteran’s Benefits and Senior Housing, but then refer you to yet another (affiliated?) website called VeteranAid.org. which is also not a government organization. It is a private 501 corporation with narrow interests. Then the final irony. The first website page of VeteranAid.org. asks for a donation on a ‘pop-up’ page. All while it is the Senior Veteran who needs the help.
The goal is to stop random violence. Henry David Thoreau advised that his biggest compliment occurred when someone asked for his advice and attended to his answer. That requires listening.
Leaders and Public Officials are not listening to citizens with good ideas and legitimate complaints. Instead, local pols take liberties with the truth; loving the sound of their own voices. Not listening, conning people and lying to them produces anger. It is not just about gun control. It is also about not listening and lying by you--our Leaders and Public Officials.
claurenjpaulson2012 email@example.com bulletinsfromaloha.org
About me -- Lauren Paulson had a private practice in Aloha, Oregon for twenty years entertaining all clients, refusing few.
Prior to that he worked as a corporate lawyer responsible for complex litigation across the entire United States. He has physically worked as a lawyer in every geographical subdivision of the country ending up as a senior officer for a Wall Street company in New York City.
MR. AND MRS. ABERCROMBIE’s RETIREMENT BEACH HOME
The Foreclosure-Conglomerate Meat Grinder devours another.....
I passed by Hazel and Pete Abercrombie’s (not their real name) beach place today. It is a modest affair. A double-wide manufactured home with a quarter view of the ocean.
The neighborhood has the 1970’s feel to it; when upscale was not on anybody’s mind. Now, time has taken it’s toll. The roads are gravel with the appropriate number of large potholes. The development’s sign weathered.
Yet, the beach is not far away with peeks available from their porch. A real estate brochure would call it an ocean front view deck.
There is something amiss as one appreciates the setting. There are funny papers taped to their windows. Upon closer inspection one discerns these are the kind of papers neighbors instantly see. They are legal eviction papers. I shouldn’t have looked, but I did. I found eviction papers from Janaya Carter of Seattle.
Profile and Professional Affiliations:
Janaya is senior counsel at Routh Crabtree Olsen, P.S. Her practice focuses on representation of institutional lenders in post-foreclosure evictions, bankruptcy, title issues, and lien defense litigation. She is a member of the Mortgage Bankers Association, Association of Professional Mortgage Women and REOMAC.
+ J.D., Seattle University School of Law, 2002
+ B.A., University of Washington, 1999
(*HER EVICTION PAPERS ARE SEEN ON FLOOR>>)
Routh Crabtree and Olsen law firm conglomerate does it all in ‘foreclosure world’. There is a dark side. Routh’s Lake Oswego lawyer Ian Kyle is on record for filing fraudulent documents in Natache’s case. Natache’s case is a bellwether foreclosure case in Oregon. Lawyer fraud is perfectly ok with U.S. District Court Magistrate Judge Paul Papak, but not with his boss, U.S. District Court Judge Garr King. Judge King ruled that the bank had made a fatal mistake in Natache’s case. Natache remains in her house. Not Hazel and Pete, sadly. It is because our leaders and the media have failed them. Here is the conglomerate agent of their demise:
Routh Crabtree Olsen, P.S. is a full-service mortgage banking law firm dedicated to the representation of the mortgage banking and default servicing industry. Originally established in 1979 as a boutique firm catering to the needs of lenders and financial services organizations in Anchorage, Alaska, the firm has grown to include offices in nine western states.
Almost everything is gone inside Hazel and Pete’s house. A little detritus and a dated shag rug. It is not easy to see through the legal papers taped here and there. The real papers are wadded up on an uneven porch floor; in a heap (see above*). Like someone tore them off the door, looked at them and dropped them to the floor in despair. Anger even.
Some beach places have a sterile look to them, but not this one. This one looks warm and cozy with a charming back yard.
I wonder where Hazel and Pete are now? Did they get to take their stuff?
I wonder what excitement they had when they first moved in there. Did they have grandchildren visit. But, right now, Brian Moynihan, CEO of BofA is visiting them through Janaya, a coworker of Ian Kyle. Mr. Ken Lewis as CEO of BofA did these bad loans in 2008 and before. But, here is something only you, I and Natache know. Ian Kyle lies. He lies for Bank of America. If he lies for BofA then Janaya lies for BofA. Then the Routh law firm lies on a massive scale. Hazel and Pete don’t know this.
Yet, there is lying on a higher scale right here in Oregon. You see, Bank of America and others are committing fraud on an admitted national scale and are hoping you won’t understand it, so won’t tell Hazel and Pete.
Fraud on a Grand Scale
You may have heard about Robo signing. That is kid stuff compared to what is happening here.
Here is what is important to Hazel and Pete. When Bank of America did their loans to Hazel and Pete, they made several mistakes. First, they didn’t keep track of the blue ink copies of the loan documents. No documentation, no legal right to foreclosure evictions. Legally, Bank of America can’t foreclose without those original blue ink copies.
Second, Bank of America separated the loan documents from the lien documents. When they did that, the lien comes off the property and cannot be put back on the property. That is the law in USA for the last 150 years.
But, nobody told Hazel and Pete about this. Not Governor Kitzhaber. Not Oregon Attorney General Kroger (retired). Not Supreme Court Justice Paul De Muniz. (retired). Not Bank of America. Not Oregon Legal Aid. Not your friendly local lawyer. Not liar lawyers Janaya and Ian Kyle at the Routh law firm. Only me .
So, somewhere Hazel and Pete are anguishing about this setback in their lives. Meanwhile, no one in leadership either in Oregon or in Charlotte, North Carolina where Bank of America resides-----no one is telling Hazel and Pete that this eviction and foreclosure are illegal. No one in the media is really hip to the scope of the problem though they should be. Oregon Attorney General Ellen Rosenblum, charged with investigating fraud on Hazel and Pete, hired Jeff Manning, Oregonian reporter who wrote on this type of fraud in 2010, but nobody was listening.
Think I am overstating it? You see, Robo signing is what all the State Attorney Generals settled with Bank of America on, this year, but did not tell you all the details. Take this line from the 2012 State Attorney General’s settlement document: “The United States of America .... alleges that Bank of America (and others) ...violated, among other laws, the Unfair and Deceptive Acts and Practices laws of the (United States), the False Claims Act, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, ...and the Bankruptcy Code and Federal Rules of Bankruptcy Procedure.” Bank of America paid over $2 billion dollars to settle. They paid this money because they committed fraud on citizens all across the United States. Not just against Hazel and Pete. But this small settlement has nothing to do with Bank of America’s bad acts against Hazel and Pete. It is just that no one is telling them--Hazel and Pete--- about the OTHER wrongs that Bank of America is doing to honest citizens. Where is the leadership?