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Friday, November 21, 2008

BREAKING NEWS........CLICK HERE FOR OBSTRUCTION OF JUSTICE INVESTIGATION

FBI Probes Threats on Federal Witnesses in NY Ethics Scandal

New York, New York, November 21, 2008- Sources have confirmed that Federal Agents in New York and Washington, D.C. are actively investigating complaints of witness tampering in the New York State Ethics Scandal pending in the federal District Court in Manhattan.

Legal Authority: Pay to Play

The latest probe began in July of 2008 when numerous individuals went to federal authorities with various accounts of illegal payoffs to New York State employees at the Departmental Disciplinary Committee (“DDC”) at 61 Broadway in lower Manhattan. The DDC investigates ethics complaints against attorneys in Manhattan and The Bronx, and has been long believed to be a corrupt, political vendetta machine.

One cooperating attorney is quoted as saying, “I did not have to worry about any ethics complaints because I always paid my insurance premiums to the DDC. Everyone knew what was going on.”

Witness Tampering: Threats on a Federal Witness

Federal Agents from two different offices sprung into high gear after the summer when a DDC supervising attorney threatened another state-employed DDC attorney under his direction. The DDC staff attorney was apparently confronted days before his sworn testimony was to begin in the ethics probe, and the intended message was made perfectly clear, says the source, adding, “You have a very serious situation requiring immediate involvement by federal authorities anytime someone confronts a federal witness and warns that a death may result from testimony.”

New York Norm: Obstruction of Justice

The allegations, and initial findings, were serious enough for investigators from New York State to forward the troubling reports to federal agencies. Attorney General Andrew Cuomo was initially apprised of the witness tampering allegations and he has been tracking the various federal inquiries since. And it has been confirmed that Appellate Division, First Department, Presiding Justice Jonathan Lippman ordered that the involved DDC supervising attorney be immediately transferred to his courthouse at 27 Madison Avenue from the DDC offices on Broadway where the threatened attorney works. Another court insider believes it’s “just another OCA cover-up,” adding, “no one in the First Department- or anywhere in the State- wants an ethics committee supervising attorney spilling the beans to a crowd of FBI agents.”

Recently appointed DDC chairman, Roy Reardon, according to sources, has been involved in DDC affairs on an almost daily basis, and he has acknowledged the seriousness of the physical threats and psychiatric issues involved. “To his credit,” says the source, “Roy Reardon took immediate action after he confirmed that he was staring at witness tampering by one of his DDC supervising attorneys. It was Roy who first suggested the transfer.”

It has been long rumored that virtually any ethics complaint, no matter how serious or criminal, could be made to disappear for “favored attorneys.” “The feds are now beginning to understand that a ‘favored attorney’ in New York doesn’t just involve political connections. A New York ‘favored attorney’ is one who pays,” says one attorney who has practiced in the federal court system for over thirty years, and who asked not to be identified.

It is believed that the underlying federal action is Anderson v. State of New York (SDNY), though there are other ethics cases pending, and some before the 2nd Circuit- all involving charges of corruption at the DDC.  (CLICK HERE to see the Anderson Lawsuit)

“Win at all Costs” and “No Regard for Laws or Ethics” Hits National Agenda

The latest allegations coincide with the obstruction of justice case in the Eastern District Court in Brooklyn against defense attorney Robert Simels and his associate Arienne Irving, who each face up to 10 years in prison for allegedly seeking to use bribes and violence to prevent witnesses from testifying against one of their clients.

Tamanny Hall II – New York Court’s Cesspool Seeps to Washington, D.C.

In November of 2008, the U.S. Supreme Court decided to hear Caperton v. A.T. Massey Coal, a case that centers on state level ethics and judges beholden to financial supporters. The Brennan Center and other advocacy groups have called the issues egregious, matters that raise underlying questions about due process on a national level.

See, "The Unethical Ethics Committee"

Background story on New York-Style Ethics, "Sex Scandal at Attorney Committee on Character and Fitness"

Background article on State Ethics case to be heard by the U.S. Supreme Court:

U.S. Supreme Court Is Asked to Fix Troubled West Virginia Justice System
The New York Times by ADAM LIPTAK - October 12, 2008

WASHINGTON, D.C. — The justice system in West Virginia is broken and the United States Supreme Court should take steps to fix it, according to a pile of briefs in three cases awaiting the court’s attention. The chief justice of the West Virginia Supreme Court lost an election in May, after pictures of him vacationing in Monte Carlo surfaced in the newspapers. He was with a powerful coal-company executive who had business before the court. A second justice has called the executive, Don L. Blankenship, stupid, evil and a clown who was “trying to buy influence like buying candy for children.” That justice, Larry V. Starcher, has disqualified himself only selectively from cases involving Mr. Blankenship’s company, Massey Energy. A third justice, Brent D. Benjamin, won his seat with the help of more than $3 million from Mr. Blankenship but has refused to disqualify himself from cases involving Massey, and twice joined a 3-to-2 majority throwing out a $50 million verdict against the company. The United States Supreme Court is likely to announce this week whether it will hear the first of the cases, about whether the Constitution’s due process clause requires Justice Benjamin to step aside in the $50 million Massey case.

The case, Caperton v. A. T. Massey Coal Company, No. 08-22, has attracted supporting briefs from the American Bar Association and several other groups urging the court to hear the case. “If the public believes that judges can be bought,” said Keith R. Fisher, a lawyer for the bar association, “that is really poisonous and undermines public confidence in an independent judiciary.” James Sample, a lawyer with the Brennan Center for Justice at New York University School of Law, which also filed a supporting brief, called Mr. Blankenship’s campaign spending “a brazen attempt to purchase influence in a specific pending case.” Justice Benjamin did not respond to a request for comment. In a long opinion issued in July explaining his decision not to disqualify himself, he said he had judged the case on the merits and that only proof of a judge’s actual bias, as opposed to the appearance of a conflict, requires recusal. Massey has filed a brief urging the Supreme Court not to hear the case, calling the matter “a grand conspiracy theory.” The Massey brief said the United States Supreme Court “has never adopted a ‘looks bad’ due process test.”

The plaintiffs in the case are mining companies that say they were driven out of business by fraud committed by Massey. They are represented in the Supreme Court by Theodore B. Olson, a former United States solicitor general. “Individuals and entities that have business before the courts of the United States must be assured that the judges who handle their cases handle them truly, squarely and fairly,” Mr. Olson said. Mr. Olson argued and won the leading decision in this area, Aetna Life Insurance v. Lavoie, which was decided in 1986. But that case established only that the Constitution can require judges with a financial stake in the outcome of a case to disqualify themselves. Caperton, by contrast, turns largely on whether millions of dollars in campaign support from an interested party creates an appearance of impropriety so strong that recusal is required. Massey takes a different position in a second appeal to the United States Supreme Court, this one urging the court to disqualify Justice Starcher, he of the intemperate remarks. “There would be no inconsistency” in granting that appeal while turning back the one concerning Justice Benjamin, a Massey brief said, because Justice Starcher’s bias was manifest while Justice Benjamin’s conflict of interest, if there was one, was a question of appearances only.

Justice Starcher has acknowledged having said some harsh things, and in an opinion in April he apologized for his remarks about Mr. Blankenship. “He is obviously an intelligent person,” Justice Starcher wrote of Mr. Blankenship. But Justice Starcher added that he would disqualify himself only if Justice Benjamin did. If that is a violation of due process, he wrote, “so be it.” Should the United States Supreme Court hear the matter, he continued, “we will surely be told that $3,500,000 in electoral support by the C.E.O. of an active litigant in the court is sufficient to create ‘an appearance of impropriety.’ ” In a telephone interview on Thursday, Justice Starcher said he could keep an open mind in cases involving Massey and Mr. Blankenship.
“I don’t have any bias against them in a legal sense,” Justice Starcher said. He proposed an analogy. “I don’t smoke,” he said. “I don’t advise my children to smoke. But I don’t get off tobacco cases.” Justice Starcher added that the defeat of the chief justice, Elliott E. Maynard, and the series of Massey cases have strained personal relationships on the court. “Some of the justices still barely speak to each other,” he said. “It’s a little tense.” The respondents in the second case, Massey Energy v. Wheeling Pittsburgh Steel Corporation, No. 08-218, are also represented by Mr. Olson. His brief is due Oct. 22, and he said it was premature to discuss what it would say about Justice Starcher. The petition in that case and a third one, NiSource v. Estate of Tawney, No. 08-219, also attack a distinctive aspect of West Virginia justice: companies hit with enormous punitive damages awards there have no right to an appeal. Only two states, West Virginia and Virginia, do not guarantee at least one level of appellate review in civil cases. But Virginia caps punitive damages at $350,000. West Virginia was responsible for three of the seven largest verdicts in 2007, according to The National Law Journal. Yet when two of those verdicts — one for some $400 million, the other for about $220 million — reached the West Virginia Supreme Court, the justices declined to hear appeals. Andrew L. Frey, a lawyer for Massey, said the failure to allow at least one complete appeal violated due process. “The risk of error if you leave it to a single judge, particularly an elected judge with a local constituency to accommodate, is too great,” Mr. Frey said.

It is not at all clear, however, that the Constitution guarantees a right to an appeal in a civil case. In criminal cases, the Supreme Court has repeatedly said there is no constitutional right to an appeal. And the relatively cursory review provided by the West Virginia Supreme Court over whether to hear an appeal at all may satisfy any constitutional requirement that there be appellate review.  end

MORE ON NEW YORK'S WITNESS TAMPERING SOON …….

33 comments:

Anonymous said...

So helpful to my pending federal court case...now in deposition stage.
My witnesses have been fired by OCA, forced to resign and one person's job was threatened to disappear, if THEY continued to contact me.

Several other people who testified for OCA, were promoted to high paying positions shortly after their perjurous testimony. All those that testified against me, have been promoted and everyone who testified for me...is out of OCA employment!

As I see the OCA employees testifying at the depositions, the perjury continues heavily and it appears enhanced with SEVERAL new situations, as they seem to be filing amended responses for OCA, in the form of the testimony in the deposition. Looks also like they are using the depositions to taint a future jury panel, with the mention of vicious hearsay... lies.. where they have no definite situations, names or words, but they all are throwing around the same vague allegations!
I believe that OCA and their counsel's office...you know who I mean... have sheilded these employees, by encouraging them to commit perjury because as employees of the court system...one of the toughest , strongest and most corrupt in the country... there will never be any investigation of any kind or perjury or obstruction charges filed, for the explicit purpose of protecting the lie of judicial sanctity.

The atty from the AG'S office representing OCA, actually told me that one of my witnessess address was sealed from my view. This witness lives across the street from my atty and I have been to that person's home a few times and sealing was just a threat of power, with no legal basis. OCA apparently wanted to keep this no longer OCA employed person from my "influence". I imagine using this demand, was supposed to be the appearance of a legal order and threat.

OCA is definitely influencing and in many forms, paying off, any and all people testifying for them, and who could harm their reputation in a federal court case. If you include wiretapping and attempted murder with an automobile...count me in on the ways OCA is participating in strong arm tactics, to dwindle the witness pool against them to ZERO... in my federal court case!

Anonymous said...

Insurance premiums in N.Y malpractice insurance is optional.
that make sense that judges are allowing lawyers with insurance to win cases that are in fact legitimate. That raise another question
Would the Ag investigate coruption in the courts. When Spitzer was the AG he threatened insurance company because they were raising premiums. They stopped. That meas that the local goverment can not
be trusted to look into the problems. The DDC is also also a bad joke. The look at less than 1% of all complaints filled against them. You probably have better odd of braking the bank in a Las Vegas casino then even having your complaint read at the DDC

Anonymous said...

Where's Cuomo been? He has been informed of corruption and has done nothing. What is he afraid of, or does he expect to collect campaign contributions from the crooks he ignores? No more excuses for Cuomo.

Anonymous said...

Is anyone surprised that OCA would threaten people? For God's sake, these people are common thugs. Animals who have no conscience, that's what they are. Oh, Andy, where the hell are you on this? Hiding, again? Andy, boy, you are the AG, do something!

Anonymous said...

Allan Friedberg is a pawn for Judge Jonathan Lippman, who wants to become Chief Judge! Paterson knows better than to let this character run the courts. Gov has enough on his hands without a fox guarding the henhouse.

How much of this financial crisis came out of crooked judges in the Commercial Division?
Cuomo knows what I'm talking about.

But its Friedberg that is going to take the rap for Lippman. He'll be making license plates within a year, you'll see.

Anonymous said...

Humorous that Lippman transfered the threatening attorney to 27 Madison. He should be right at home there with the other thugs.

former court employee said...

To the simple-minded criminals who run the New York courts, threatening a witness is NOT an illegal act- it's simply a 'procedure.'

manhattan attorney said...

This story does not surprise me. I have friends who have gone through hell with the DDC on absolutely baseless charges. I hope the honest DDC employees run to the FBI (they're open on weekends!) Of course, I hope the dishonest DDC employees, or those who keep quiet, rot in jail. (The FBI NY Field Office telephone number is 212-384-1000 - ask for the duty agent)

THIS IS TOO SURREAL said...

WHAT DOES "OCA" STAND FOR? OFFICIAL CORRUPTION AGENCY!!!!!

retired beaver streeter said...

the wagons have been circled, there is too much at stake, too much money is at stake along with big reps

Anonymous said...

the one problem as i see it is what about the fbi itself? one of the main cases of the ethics suits has problems with a top person in the agency itself and garcia's office has done nothing on any of this. so great to bring the issues out but is anyone confident that the issues are not going to just go into another black hole but this time a federal black hole? one woman from upstate has been waiting 9 months to hear from these agents and no one wants to give any information. is this all a smoke screen? a smoke and mirrors game? hope not but it is always healthy to question everyone and anyone in these things

Anonymous said...

Trust the FBI like you would OCA...they are not interested in addressing OCA corruption....and why is the operative question.
The FBI may be attempting to pretend to do a little from this article of revelation, to comfort those pressing them hard to get into this national security issue, in a real thorough FBI operaton!
The person from upstate waiting for them to call or arrive...don't bother...they are not going to do that.
The FBI has lots of indicting information about OCA and plenty of information from this site alone....and they have not even sounded a peep!
A national media expose will be the only reason they jump, and that is to cover their butts for some unknown reason ...for protecting OCA!
FBI...yawn!

fed said...

A lot of people who work for the federal government in the SDNY are happy certain higher ups have already left and/or will be leaving soon. Garcia protected Kaye's people, that's for sure. It's already been decided from folks in Chicago who the new SDNY U.S. Attorney will be...... and I can tell you that he's a New Yorker, and he's not too happy with what's been going on.... especially in the corruption area. Look for big changes, and charges- like in the criminal sense. Your patience has paid off I can tell you.

60 centre empl said...

A friend of mine works at the DDC. He says two co-workers have already confided in him that they've been contacted at home by federal agents. It would really be something to be thankful for this Thursday if they shut the place down!

Anonymous said...

Not only have I been waiting 9 months to hear from federal agents, I have been waiting 18 months to hear from FBI agents that I gave absolute proof, including documentation, of criminal activity by an upstate judge, the NY State Parole office, and an upstate DA. I've not heard one word from the FBI since I spoke with them in May 2007.

The FBI is a tool used by the US Attorneys in both the Northern and Southern Districts for their "selective prosecutions".

So, unless you are extremely rich and have political connections in NY don't look to anyone to help you out.

Anonymous said...

Has anyone heard about grand juries looking into corrupt judges?

Anonymous said...

As an upstater myself,I have not heard from the FBI since they were in touch about court corruption, where they have have many facts and events to investigate, since back in June 2006!They just disappeared...did not like what I told them..I imagine.

The upstate FBI concerns themselves mostly with Canadian borders and terrorism issues developing from there..if there are any! They have employed almost their entire staff to do that job, under Bush. It is a great hope that the new President will correct that policy and deal with domestic terrorism, as I have contacted him in an e-mail request, and expressed that issue, involving the NY courts!
I was one of his many long time supporters and e-mail friends and he is asking for suggestions and people interested in working on the local or national level, regarding many subjects, and ethics and corruption is one catergory.

So if you think the FBI is not fully aware of what Kaye and Crooks are and were doing....don't fret...they know alot and are balking for some odd reason.

Keep contacting them, as I believe they may be changing their priorities very soon.

It's not just their catering to the rich and political, it is their fearful ignoring of the moderate class with their usual truthful information....that they know, the country and world would believe in a NY minute.

The present government has kept the honest Americans down and out, so their uprisings and concerns would be viewed as a security risk and thus you would be examined yourself, A COMMON OCA TACTIC, instead of your knowledge about the government.

While no one could get anyone to pay atttention to what they had or knew about any governmental corruption, the current presidential administration and his friends have made exorbitant profits in OIL ....like Haliburton and Hunt. These oil men made this country what it is today, and where can they hide their money now, but in their unwear!

FBI ...come help... UPSTATE NY ADDRESS COURT CORRUPTION!

Anonymous said...

hey upstater, and anyone, but especially anyone in the northern district, write to changecourtsnow@gmail.com as a lot of good connect the dot information that can be shared. but that also means the buffalo area, western tier, westchester, long island and the boroughs. anyone is invited to write to changecourtsnow@gmail.com

Anonymous said...

Your e-mail address cannot be accessed...I have tried several times and that is why you don't get information..sorry.

in the know said...

If you want the people at the top of the list who have been responsible for nothing being done against corruption, especially in and around Manhattan and Albany, here's a few: Garcia, Kaye, Bruno, D'Amato, Lippman, Silver. More to follow.

Anonymous said...

to Anonymous and anyone who wants to share info. No idea why the email can not be accessed as others have been received. however a lot of hacking into emails and phones and more going on for some time. Try writing today to changenow007@gmail.com and feel free to pass on to anyone who wants to share info and work together to change NY now!

Anonymous said...

If I were Mr.Felder, I would be writing a letter to the CJC to thank them for having him removed as the Chair of The CJC.

Mr.Felder's considerable reputation as one of America's finest attorneys will be kept intact, thanks to his friends at CJC.

It only proves that good does come from what seems to be bad.

Anonymous said...

I have contacted the FBI, The US attorney EDNY, and US Attorney Mukasey in numerous letters, emails, and personal visits.

I have visited the FBI office on LI twice. Not a word.

Over a period of one year I have written at least 3 letters to US Attorny B.Campbell about corruption in Suffolk County. I have yet to hear even a word of acknowledgement from his office that he has received my letters.

One would think that a representative of Mr.Campell's office, or an FBI agent would have contacted me by now. No such contact has been made.

It seems as though the US Attorney and the FBI are only concerned about 'hot button' issues, e.g., civil rights cases involving minorites. The noose found in the Hempstead PD locker room is such an instance.

The fact that the Hempstead PD and the NCPD Bias Unit are investigating this matter and are fully capable of doing so means not a wit to the federal people if they can get a headline from it by taking a part in an investigation that others are competent of doing themselves.

61 bway employee said...

The previous comment is from someone obviously close to Raoul Felder and who, most likely, works at 61 Bway on the 2nd (DDC) or 12th floor (CJC). As such, and since it's 3pm, they have been obviously drinking for at least 4 hours. Felder was, is, and always will be, a disgrace to the legal professions. He actually belongs at any corrupt ethics committee, and the Commission on Judicial Conduct was perfect since it protects criminal activity by favored judges. Amen.

Anonymous said...

to Anonymous Upstater:

did you try the new email yet? appears to be working fine.

send to changenow007@gmail.com

same for anyone who wants to share information, work together, build a coalition for political activity in albany and more!

Anonymous said...

As a practicing New York Attorney I welcome the FTC Feds coming in to regulate this NYCLA Fee Dispute Committee which is nothing more than a "Political Economic Assassination Squad" which ignores the crimes of its friends/cronies while punishing and economically bankrupting those who dare to compete with a better product who are not fortunate enough to be born with the right "pedigree" or ethnic orientation, and are guilty of nothing else but being better lawyers and more successful. Its about time the Feds broke up this "backwoods Manhattan posse of 'good ole boys' from New York City."

http://www.google.com/search?hl=en&q=nycla+ftc&aq=f&oq=&aqi=

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Anonymous said...

The New York State Division of Human Rights is investigating the Departmental Disciplinary Committee First Department and the NYCLA Fee Dispute Committee for treating minority Attorneys like crap, while routinely whitewashing complaints against Jewish or White or Big Corporate Law Firms.

In othr words the DDC and the NYCLA Fee Dispute Committee only goes after and nails small minority lawyers so that they can keep their statistics high that they "do in fact nail some lawyers" - they just don't tell you that the lawyers that they nail are the ones who are representative of the most vulnerable in society - minorities.

The Big Fish law firms that make a lot of money have friends on these Commiittees, who totally take care of them.

WatchOut4TheseProbatesAttys/Courts said...

So who does one contact if you know of crimes being committed, the local authorities being aware off it & doing nothing about it, to actually get some action taken against those who are breaking the law?
I know they had several majors in the state of Connecticut who were arrested for different things, bribery, etc, and the FBI came in.
They actually prosecuted those corrupt people, so there's got to be some FBI agents out there who are willing to stand up for the rights of the law abiding Americans.
How would you find out who they are though?
I know in our area, there's state laws against letting your dogs roam loose off your property.
But, even if your pet is attacked & wounded by a dog running loose, the animal control officer won't do anything in the towns east of Hartford....Manchester, East Hartford. If you post anything about it on the web, you're likely to see the police tracking you down, even with K-9 police cars, obviously to terrorize you and to get you to keep your mouth shut, about their animal control wardens refusing to enforce the state anti-roaming laws!
You think New York is messed up? You don't even want to visit or drive thru parts of Connecticut, cuz it's become that dangerous!
There's large aggressive vicious dogs their owners allow to run loose on very busy roads & thoroughfares.
I wouldn't be surprised if someone gets killed soon driving their car on one of these roads if these dogs keep running across these busy thoroughfares. Some of these roads are directly off the exits for the state interstate too!
And the owners of these vicious dogs who are attacking other pets don't care! All they care about is themselves.
You'd think they'd be more responsible but they are not. And they are breaking state laws.
Why should the taxpayers of Connecticut pay such high taxes to fund the high paid salaries of such negligent animal control officers who put others in harms way by refusing to enforce the State Anti-Roaming Law?
That's not fair nor ethical.

WatchOut4TheseProbatesAttys/Courts said...

So who does one contact if you know of crimes being committed, the local authorities being aware off it & doing nothing about it, to actually get some action taken against those who are breaking the law?
I know they had several majors in the state of Connecticut who were arrested for different things, bribery, etc, and the FBI came in.
They actually prosecuted those corrupt people, so there's got to be some FBI agents out there who are willing to stand up for the rights of the law abiding Americans.
How would you find out who they are though?
I know in our area, there's state laws against letting your dogs roam loose off your property.
But, even if your pet is attacked & wounded by a dog running loose, the animal control officer won't do anything in the towns east of Hartford....Manchester, East Hartford. If you post anything about it on the web, you're likely to see the police tracking you down, even with K-9 police cars, obviously to terrorize you and to get you to keep your mouth shut, about their animal control wardens refusing to enforce the state anti-roaming laws!
You think New York is messed up? You don't even want to visit or drive thru parts of Connecticut, cuz it's become that dangerous!
There's large aggressive vicious dogs their owners allow to run loose on very busy roads & thoroughfares.
I wouldn't be surprised if someone gets killed soon driving their car on one of these roads if these dogs keep running across these busy thoroughfares. Some of these roads are directly off the exits for the state interstate too!
And the owners of these vicious dogs who are attacking other pets don't care! All they care about is themselves.
You'd think they'd be more responsible but they are not. And they are breaking state laws.
Why should the taxpayers of Connecticut pay such high taxes to fund the high paid salaries of such negligent animal control officers who put others in harms way by refusing to enforce the State Anti-Roaming Law?
That's not fair nor ethical.

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Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
               CLICK HERE TO SEE Part 1
               CLICK HERE TO SEE Part 2