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Monday, September 28, 2009

Public Airs Concerns On Disciplinary Procedures

Public Airs Concerns On Disciplinary Procedures
The New York Law Journal - September 25, 2009 (page 6)

A PANEL led by Senate Judiciary Committee Chairman John Sampson, D-Brooklyn, and including Senator Ruben Diaz, D-Bronx, held a second public hearing yesterday on the procedures for disciplining attorneys and judges. At the hearing, Senator Eric Adams, D-Brooklyn, suggested creating a task force to investigate alleged corruption in New York courts. The task force, Mr. Adams told some 80 people at the lower Manhattan hearing, "would assist us in navigating how this problem is being hidden from public view." Victor A. Kovner, a partner at Davis Wring Tremaine and a former chairman of the Commission on Judicial Conduct, testified in support of more transparency by holding open hearings to remove "any rumor or innuendo" from the outcome of disciplinary proceedings for judges. Over four hours, a dozen witnesses complained about the confidential nature of the process, as well as about how their own cases had been handled. The panel's first hearing was held in Albany in June (NYLJ, June 6), and a third hearing may be held for Buffalo, although no date has been set.

74 comments:

Anonymous said...

someone actually published an article....
I still have not seen any statements as to the issues with our self-gratifying governed lawyers, which is also a statement the CJC made many years ago.....
where is the Task Force?

MAD AS HELL said...

I DEMAND A TASK FORCE NOW !

VICTIM said...

IT'S BEING HIDDEN FROM PUBLIC VIEW...BECAUSE THE MEDIA REFUSES TO DO ANYTHING ABOUT IT...THEY SHOULD ALSO BE PROSECUTED ALONG WITH THE CRIMINAL LAWYERS, JUDGES AND ETC...HOLD THEM ACCOUNTABLE ALSO!!!!!!!!!!!I CAN'T TELL YOU HOW MANY TIMES I WAS INTERVIEWED BY REPORTERS FROM MAJOR NETWORK CHANNELS, ONLY TO BE TOLD..."SORRY THE EXECUTIVE PRODUCER SAID NO". WHAT BULL---.

galison said...

The little lizard from the Law Journal that wrote this article couldn't look anyone in the eye. I love the fact that the only person quoted was the former chairman of the DDC.

Kovner wants transparency, does he? Not before he buys a condo in Dubai, he doesn't.

As Luisa would say "What a Joke!" ;)

How about quoting, say Catherine Wilson, who pointed out that corruption in surrogate courts alone is losing the state hundreds of millions at least.

Satan is heating up special skillets for Tembeckjian, Friedberg and their media lackeys.

Anonymous said...

It's not just surrgate's court that is costing the treasuries of NYS and the US, it's the matrimonial courts.

If you look at divorce's where there are businesses involved, I would guess a large percentage of them have been skimming and evading taxes. Every case I know of in Westchester involving a business to be distributed, also involved hidden receipts and skimmed cash. And the judges and attorneys knew about this and intentionally protected the criminal. I even went to a conference conducted by the OCA and this was discussed, and they actually seemed to aprove of it.

It's easy for the monied spouse in these cases to get away with everything since they have plenty of cash and connections. The lawyers and judges want to get a cut of the pie, also.

T Finnan said...

The system needs action by AG, Andrew Cuomo. Tomorrow, I'll send my demands tomorrow to AG, Cuomo, and his underlings. No more excuses, Andrew Cuomo; no more posturing; you know the system is corrupt; no more defending corrupt judges and lawyers in Federal and State courts; you need to act; you want to be Governor; how nice; then act; indict the corrupt judges and attorneys; indict the corrupt attorneys, indict Mr. Tembeckjian. Tomorrow, my complaint will be received, Andrew Cuomo; ACT or get out of the way!

T Finnan said...

To Will at 6:31 The lizard you refer to is more likely a cockroach. When Regina Felton was speaking, he slithered down and tried to sneak out past me, but I was sitting just behind him. Instinctively, I tried to squash the roach, but I don't know whether I was successful.

Anonymous said...

send your complaint to the Governor also, it will be a game of check mate between the two...
use it against each other,
maybe something can get done!

Anonymous said...

the media doesn't cover it because there are always political connections to those that are abused, that is why the FEDS do nothing, start asking for the lobbying money to end in all our requests ............
start asking for the gov't to publish the corruption, complaints since our media will not do it!
transparency- put it in writing so all know the game, we want a public corruption edition

Anonymous said...

our purpose is to expose them all!
that is why we are all in this,

to expose the evil!

Anonymous said...

I actually witnessed a news reporter ask to cover a story because he knew the family, he wanted to keep it quieted down.....
A Sheriff placed as a high school resource officer started having sex with the students
and the news wanted to keep it quiet, claiming they were covering the story......
I think the sheriff got a fine, community service and he is getting sued.....
But it looked good for those at the hearings that the news was there.......right!

Anonymous said...

sheriff's father in law-judge
brother in law- prominent lawyer
wife- works at Sheriff's dispatch

let us keep this quiet!

Anonymous said...

skimming money, maybe that explains why estate paperwork is not filed until after you ask for the receipts, so the money is never recorded anywhere, and do not bother asking for the receipts it will cost you much and you will never get them.....
that's in Niagara County, must have learned that from somewhere

where is the TASK FORCE?

Anonymous said...

we want a Task Force
we want our complaints printed for the record
we want lobbying money to stop

and it will prove the corrupt enterprise that exists in our courts

Anonymous said...

if Sampson said Westchester,
start in Westchester
send in the Task Force
start arresting them
scare the begebbers out of the rest of the state!

Anonymous said...

To the 9:01PM Poster.

When I went to the former SIC with a complaint regarding different agencies in the criminal justice system, the SIC appeared to be concerned with only one aspect of the complaint: They seemed to be interested in what the AG had done, or didn't do with the complaint that was directed at the AG. The SIC just cherry-picked one portion of the complaint and said they had no authority to investigate the rest of it.

At the time the governor was Spitzer, and then, as now, Cuomo is the main opponent in the next election.

Other parts of the complaint were sent to the CJC and DDC. I believe the complaints were more than credible. I guess the DDC and CJC thought otherwise.

The only positive thing I have seen since my complaint is that Gov.Paterson got rid of the SIC. It wasn't doing anything other than white washing investigations for concerned parties. The SIC was ofter hailed as a bi-partisan investigating agency. Yeah, a bi-partisan cover up agency that needed the unaminous approval of ALL the commissioners of both parties to go ahead with an investigation.

petef

Anonymous said...

A federal task force is needed...not a state operation.
The fact that Senators came and went during a scheduled short one day hearing, held twice and left only one Senator to man the hearing(JUST ONE)...shows the disrespect the state officials have for this expose and blog. Disrespect for people comes in the form of walking away from them when they have something troubling to say...or to address them with an incorrect name or imperfect spelling.

The state government and court people are deathly afraid this blog is going to spur a public revolt and they will end up jailed....and unemployed living poor like those they are screwing.

The state is prolonging these hearings so they can assess the facts that folks have secured and the damage that can be done.....so they can then sort out the trouble they are in...I feel the movement very heavy in the background.

The citizens of NY state...all of the state.... need to revolt and stop waiting for state government officials, AG'S, FBI etc and make our desires known in massive force. As a matter of fact we should all write...all the many powerful millions of us NY staters to President Obama...since he yearns to be part of our ruling government officials.

If the President wants to help NY state...he needs to get dirty and address the corruption that permits a governor whom he feels obligated to inform not to run for office..... who is honored with a disgusting 17% approval rating...and who thinks he can ignore our disapproval of him also....and still insist that he will run and continue to ruin this busted up state... makes the President the perfect powerful candidate to come forward with his own task force.

Write the federal government and the President...they care about NY state politics...so it seems.

TXGuys said...

I was provided with a liaison from one of the Banks after filing a Complaint with Treasury. I provided the Bank easily reviewable documents where they could see the fraud perpetrated by several "Officers of the Court" One such officer was a receiver appointed unlawfully, he ended up stealing my home.
Originally (and I mean years ago) I anticipated what would be the outcome of the fraudulent Court proceeding and I sent a complaint to the FBI. Nothing, nada, zilch.
The agency must have preferred to sit back and watch as I was evicted, my home was stolen, and I was on the street.
I will be following up with the Treasury soon.
In the meantime Iam thankful that I have roof over my head and a place to stay, otherwise it would have been difficult to communicate the fraud which violated my rights.
I can’t help but wonder how many more are in a similar situation, but find it difficult to communicate.

TX again Guys said...

Perhaps the FBI can tell me if the Bank has been a responsible fiduciary and contacted the agency about the Fraud... nah probably not.. eh??

Anonymous said...

Just a suggestion . . .

re writing to AG Cuomo:

I know I have written to his office with a criminal complaint with evidence, and like others, have been ignored.

I would suggest that any complaint that is sent to his office have cc'd to others that should know that his office is ignoring complaints. Maybe, Patterson's office and the US DOJ. It might also be sent to specific publications, but it may be more effective if anyone making complaints be sending it to the same people so they understand that these are not isolated cases.

to 9:51 AM said...

Iam not in the mood to send anymore complaints.

Except maybe to the Governor's Office.

Fair is Fair..

Other than the Governor, most have been made aware, and have done nothing...

Anonymous said...

it is the Governor we need to reach
and we all need to reach him
how do we do this?
sending letters?
that only seems to help them conceal the corruption.........
we should meet with the Governor...
why was he not at the meetings?

Anonymous said...

it is the Governor we need to reach
and we all need to reach him
how do we do this?
sending letters?
that only seems to help them conceal the corruption.........
we should meet with the Governor...
why was he not at the meetings?

Anonymous said...

it is the Governor we need to reach
and we all need to reach him
how do we do this?
sending letters?
that only seems to help them conceal the corruption.........
we should meet with the Governor...
why was he not at the meetings?

Anonymous said...

when is the hearing in Buffalo,
are they just saying there will be a hearing in Buffalo, so those violated never get to speak?

Anonymous said...

when is the hearing in Buffalo,
are they just saying there will be a hearing in Buffalo, so those violated never get to speak?

Anonymous said...

hey George Maziarz, you have no say in whether there is a meeting or not in Buffalo, just like I was told I have no say in whether I am allowed any rights.......
does that nurse still perform favors for your friends, you know the gang bang one's, the adulterers, how about your insurance cheat friends you going to turn them in?
how does my Senator know such people of such character?

Anonymous said...

I wonder what those type of people have on my Senator that he keeps giving them favors and illegal favors!
hey George, bite me!

Anonymous said...

or maybe what they gave my Senator!

Anonymous said...

hey George wasn't it your friends that put that sheriff in the school to have sex with young girls,
why wasn't he charged years earlier!
Senator Maziarz does a great job!

Anonymous said...

hey George Maziarz, you know anything about
falsifying medical records
falsifying bill of particulars
falsifying court records
etc...........

threatening a witness

seems to all be done by people you know!

where is a Federal Task Force!

Anonymous said...

hey George
you know anything about that 40 year old masturbating in our yard?

why didn't my sheriff's or DA charge them?
why was I told I had no rights!

rumor has it, you know them
tell me it isn't true George!

where is the Federal Task Force!

Anonymous said...

when is the hearing in Buffalo,
the Attorney Grievance-Buffalo claims to have over 500 cases at this time,
and have they notified the complaintants of the judiciary hearings...............
when is the hearing in Buffalo

where is the Federal Task Force!

Anonymous said...

Governor Paterson appointed Lippman as chief judge of the court corruption..so you actually think that he is the man to complain to about....court corruption?
What am I missing here...the Governor is interested in admitting the biggest mistake of his career..which is in the dumper?
The Governor never answred any e-mails or letters sent to him by me, prior to these hearings..so that tells you his intentions!
Forget Paterson and ethics..the man is political and void of common sense...so says the entire state..almost!

Anonymous said...

Well I know the Suffolk District Attorney's Office wouldn't know a case if it punched them in the face, and handcuffed itself...

Anonymous said...

So between the D.A.'s the CJC, the Ethics Commissions, the AG, IG, and FBI... nothing...

Consistently absent...

Impressive record.. eh??

Anonymous said...

and they don't even bother to respond

Anonymous said...

IF WE WANT A FEDERAL MONITOR AND NO ONE IN THE STATE REPLIES......

SEND A BRIEF COMPLAINT TO
1. OUR GOVERNOR
2. OUR FEDERAL SENATOR

BRIEFLY EXPLAIN YOUR RIGHTS HAVE BEEN VIOLATED & WHERE YOUR COMPLAINTS HAVE BEEN SENT

ASK FOR A FEDERAL TASK FORCE

ASK FOR HEARINGS TO BE PUBLICIZED & TELEVISED

ASK FOR ALL COMPLAINTANTS AT OUR GRIEVANCE COMMITTES TO BE NOTIFIED
OF UPCOMING HEARINGS

MY FEDERAL SENATOR IS CHUCK SHUMER

FRANK PLEASE POST FEDERAL SENATORS
ADDRESSES!

DON'T START WITH THEY ARE ALL CORRUPT, WE KNOW THAT
WE ARE TRYING TO CHANGE THE SYSTEM

WRITE YOUR BRIEF COMPLAINTS AND SEND THEM IMMEDIATELY!

Anonymous said...

LET US FLOOD THEIR OFFICES WITH PAPERWORK, LIKE THE NIGHTMARE THEY HAVE CREATED IN OUR LIVES!

SEND THESE COMPLAINTS CERTIFIED RETURN RECEIPT..........

Anonymous said...

Anonymous 9;28 AM. Your right> I could not beleive that the Senators just got up and walked out. this is serious corruption going on right here in new york city and these guys stroll in late and stroll out early. Come on did they really have some where to be that was more importnat that what was going on at 250 broadway? I used to question all the people complaing about there issues with the New York Judicial system and the DDC. But then i got my infamaous letter in the mail. You know the one that mistates your complaint and tells you they have investigated and found no violations were uncovered. Thats when i became a member of the club of believers. I actually ran into a honest court employee the othere day so maybe there out there. Guy just ruled on the facts in front of him. that was pretty cool.

Anonymous said...

The next hearing is going to be in NYC. Don't let anybody change that.

To GM the fixer, kiss my a*s you fat little toad. Don't choke on your pasta! LOL

Anonymous said...

if GM is Maziarz, it is a nurse at ecmc who will kiss his butt,
and since I know some of his enemies I may just start a club.....
better luck next time on trying to falsely prosecuting me by your sexually & mentally deraigned friends!
you are all committing felonies!

Anonymous said...

just sleep with Maziarz friends, my mistake I didn't, does anyone need names?
then you will have rights and be able to violate others rights, even commit felonies!

Anonymous said...

Senator Sampson should call me if that Maziarz tries to bully him
I know many of his enemies
bullies should realize, you give it out, you better be able to take the truth and be exposed!

Anonymous said...

Maziarz & friends, don't like unions, anyone know someone in
Local 91, George may just get a taste of his own medicine........

Anonymous said...

From Chuck Shumers website

The best way to quickly obtain assistance for a personal problem concerning a federal agency is by sending a letter to our New York City office.

Providing all the information requested below will enable our office to review your case and work on your behalf with the appropriate Federal agencies. Under Federal privacy laws, government agencies require a written SIGNED letter from the person seeking assistance.

Please make sure that your correspondence contains the following:

Brief explanation: Please describe the situation with which you require help as briefly and clearly as possible. The more clear and concise your explanation, the faster we can handle your case.

Privacy Waiver: Please include a signed statement that says: "In accordance with the Privacy Act of 1974, you and your staff are hereby authorized to freely discuss any and all aspects of my situation." This gives us the authority to handle your request. For a sample privacy waiver form in Adobe Acrobat format with fill-in fields, please click here.

Identification numbers: Please include your social security number as well as any case or file
numbers.

A daytime telephone number: Please provide a way to enable my office to reach you should more information be needed.

Our address is:
757 Third Avenue, Suite 17-02
New York, NY 10017

Anonymous said...

Social Security Number???

Anonymous said...

don't give your ssn........

I was also told to contact my Congressman, after the witch hunt performed in the 8th.......

I have not had a reply, just told to get a lawyer, huh, it is the lawyers who are falsying medical paperwork, falsifying court records, etc...all illegal activites.........

but it may involve some of his friends, so I have no rights,

sometimes you just gotta return the favor!

Anonymous said...

my Congressman is Chris Lee

I wonder if he told his friend Wojtaszek, his stories about me are from the mentally & sexaully deraigned all friends of George and Henry's!!!!!!!!

Anonymous said...

nice to know these bastards will set up a lawyer, judge or public official with their insanity and try to falsely prosecute me....
and more than once........

my witch hunt has just begun!

Anonymous said...

picked the wrong witch!

Anonymous said...

this is all why we have to
request the money trail ends.....

it is the money trail

that is why they are friends!

they are all a bunch of backstabbing bastards for the money

stop the money trail!

Anonymous said...

One of the most important implied powers is Congress’s authority to investigate and oversee the executive branch and its agencies, such as the Department of Defense and the Department of Justice. As part of this responsibility, which is known as oversight, Congress summons senior officials to answer questions from members, orders audits of agencies, and holds hearings to air grievances of citizens.

Congress also holds hearings on matters of general public concern. Sometimes members of Congress conduct these hearings to identify problems that create a need for new laws. In other cases Congress holds hearings to raise public awareness about an issue.

There are, however, some congressional powers that are rarely used such as the ability to impeach an official and the ability to amend the Constitution.

send copies of short complaint
1. governor
2. Federal Senator
3. Congressman

Anonymous said...

we need a source to merge all our information that will allow us to know who has done what?
and what where the responses from the agencies required to help?

Frank needs an office and volunteers!

Anonymous said...

I wonder... does Congress have authority over rampant Due Process and Equal Protection Violations in the States... Especially where the State Laws are Violated???

Anonymous said...

ie... Law=Violation

Opinion v. Fact

Anonymous said...

Congress must or I would not have been told to contact my Congressman
the only issue is my State Senator
is friends with him.......
and my State Senator is passing around false information about me......felonies!!!!!!!
bite me George!

Anonymous said...

I ask... because..

Several years back I sent a complaint, later called, and was told... oh it's State... not ours.. there is nothing we can do...

Anonymous said...

that is the problem we have to find the right source to send our complaints that will make the difference..........
it is not with our state
they are all friends......
they will either do favors or personal vendettas......
that is not what we want
we want a Federal Task Force

Anonymous said...

we want a Federal Task Force in each of our districts.......

lie to a Fed 8 years.......

Anonymous said...

not all these overlapping agencies that can not stop the problem in the beginning so everything just escalates...........
as our rights are violated!

Anonymous said...

if the state is corrupt then it has to be Federal that changes the procedures and laws in the state.
that is why,
notify the governor of your state
then Federal Officials

Anonymous said...

FBI manual for field agents:

States all civil rights cases are investigated... unless it's been revised since..

Title 8 I believe...

So with the scale, scope, and evidence of violations.... A New York Task Force would seem proper.. I doubt one field agent could do it...

Anonymous said...

72,200 complaints to this site alone.

Did the CJC say we have 3,000 Judges? and they received 1,200 complaints?

Anonymous said...

why hasn't the CJC
and Attorney Grievance been mandated to notify all complaintants about the hearings?
why are the complaints confidential?
they would show a pattern,
a pattern that needs to be stopped!

where is the FEDERAL TASK FORCE?

Anonymous said...

how do you get a New York Task Force?
they are not breaking state laws,
they are breaking Federal Laws

Anonymous said...

there were plenty of addresses given a few blogs back, somewhere in Washington, how stupid, this is happening in our area.....
and FEDERAL rights are being violated in our State........

we need a Federal Task Force!

Anonymous said...

go to NYS Court calls for Federal Prosecutor........
that lists addresses that are Federal!

Anonymous said...

More reasons for Morer Hearings, a Task Force to Investigate, Subpoena and Compel, and a Special Federal prosecutor coming out of just this one Father's story in the upstate area who has since moved to Arkansas with court permission.

http://www.voy.com/194846/30151.html

main link:

http://www.voy.com/194846/29767.html

Anonymous said...

the
FEDS can send a special prosecutor in to protect inmates civil & constitutional rights in Erie County Jails but they won't answer the phone for the innocent victims of crimes/felonies committed by friends of the FBI

Eliot Ivan Bernstein, Mad Inventor said...

MADOFF + STANFORD + DREIER + SATYAM + FISERV + ALBERT HU + The 1031 Tax Group LLC - Edward H. Okun = PROSKAUER ROSE & FOLEY & LARDNER
Check out Inventor Eliot Bernstein Testimony @ The New York Judiciary Committee headed by John L. Sampson @
http://www.fliqz.com/aspx/permalink.aspx?vid=01cfeacdd71147dba54b363fcdb6defe
Check out Iviewit News - IVIEWIT TRILLION $$ FED SUIT DEFENDANT PROSKAUER ROSE SUED IN GLOBAL CLASS ACTION RE STANFORD PONZI @
http://www.free-press-release.com/news-iviewit-trillion-fed-suit-defendant-proskauer-rose-sued-in-global-class-action-re-stanford-ponzi-1252249099.html
---

Investors who have been burned in these scams should start to seek redress from the lawyers who were involved with these scams. I personally have been trying to notify regulators and authorities of a ONE TRILLION DOLLAR scam that is putting states like New York and Florida at huge risk, as well as, companies like Intel, Lockheed, SGI and IBM. The states and companies involved in the fraud fail to acknowledge the risk exposing shareholders and citizens to impending liabilities. Investigators, courts and federal agents ignoring the crimes and evidence, including a car-bombing attempt on my life. I know how Harry Markopolos felt trying to expose Madoff in a world without regulation.
Did I hear Proskauer Rose is involved in Madoff (involved many clients too) and acted as Allen Stanford's attorney. Investors who lost money in these scams should start looking at the law firm Proskauer's assets for recovery. First, Proskauer partner Gregg Mashberg claims Madoff is a financial 9/11 for their clients, if they directed you to Madoff sue them. Then, Proskauer partner Thomas Sjoblom former enforcement dude for SEC and Allen Stanford attorney, declares PARTY IS OVER to Stanford employees and advises them to PRAY, this two days before SEC hearings. Then at hearings, he lies with Holt to SEC saying she only prepared with him but fails to mention Miami meeting at airport hanger. Then Sjoblom resigns after SEC begins investigation and sends note to SEC disaffirming all statements made by him and Proskauer, his butt on fire. If you were burned in Stanford sue Proskauer.
Proskauer Rose and Foley & Lardner are also in a TRILLION dollar FEDERAL LAWSUIT legally related to a WHISTLEBLOWER CASE also in FEDERAL COURT. Marc S. Dreier, brought in through Raymond A. Joao of Meltzer Lippe after putting 90+ patents of mine in his own name, is also a defendant in the Federal Case.
The Trillion Dollar suit according to Judge Shira Scheindlin is one of PATENT THEFT, MURDER & A CAR BOMBING. For graphics on the car bombing visit www.iviewit.tv.
The Federal Court cases
United States Court of Appeals for the Second Circuit Docket 08-4873-cv - Bernstein, et al. v Appellate Division First Department Disciplinary Committee, et al. - TRILLION DOLLAR LAWSUIT
Cases @ US District Court - Southern District NY
(07cv09599) Anderson v The State of New York, et al. - WHISTLEBLOWER LAWSUIT
(07cv11196) Bernstein, et al. v Appellate Division First Department Disciplinary Committee, et al.

Eliot I. Bernstein
Inventor
Iviewit Holdings, Inc. – DL
Iviewit Holdings, Inc. – DL
Iviewit Holdings, Inc. – FL
Iviewit Technologies, Inc. – DL
Uview.com, Inc. – DL
Iviewit.com, Inc. – FL
Iviewit.com, Inc. – DL
I.C., Inc. – FL
Iviewit.com LLC – DL
Iviewit LLC – DL
Iviewit Corporation – FL
Iviewit, Inc. – FL
Iviewit, Inc. – DL
Iviewit Corporation
2753 N.W. 34th St.
Boca Raton, Florida 33434-3459
(561) 245.8588 (o)
(561) 886.7628 (c)
(561) 245-8644 (f)
iviewit@iviewit.tv
www.iviewit.tv
http://iviewit.tv/wordpress/
http://iviewit.tv/wordpresseliot/
More @ http://exposecorruptcourts.blogspot.com

Anonymous said...

Did any of our state Senators work
at Proskauer Rose, maybe I read it wrong...

Catherine said...

From Catherine Wilson:

To Anonymous 9/28:

In my opening statement, I mention the theft of funds is happening in BOTH matrimonial and surrogate's.

Judges are all convinced that both sides in a contested divorce are lying and to blame to some extent. With such an attitude, it's difficult to convince judges that both sides are not liars and that one party in a particular divorce action is really an innocent victim.

I have found it's better to get their attention by concentrating on Surrogate's where the victims are the disabled and the elderly. It's not politicaly correct for a politician or a judge to show they accept abuse of the disabled or the elderly so they are more likely to act like they're paying attention. (Especially since it's the elderly who vote!).

So yes, I agree this problem exists in both matrimonial as well as Surrogate's (and financial discovery games also exist in civil and criminal). But let's start where we stand the best chance of getting heard. We need to change how discovery is conducted, period.

We should replace the current back-and-forth make-the-lawyers-rich discovery routine with full fledged audits and credit checks done right in the courthouse by a certified auditor employed by the court. The parties simply hand over their social security info to the auditor who runs an immediate credit check both at the present time and three years prior (to uncover assets deliberately hidden in preparation for the action). The auditor then has the litigant get online access to each and every account (including loans and leases) and download all statements to a PDF file for an electronic record.

The auditor then subpoenas the bank and investment firms for a record of all checks cashed against the accounts (paychecks, customer payments, gifts, etc. that, instead of being deposited, were cashed to hide income). If a litigant owns a company with partners or as a subsidiary of another company, the auditor gets that tax id info and then does a credit check of the partners, other companies, etc. to peel back the layers of the shell game. The auditor would also do an insurance check to see what assets are being insured for by the litigant and what their insured value is to determine if the assets match the alleged level of income.

Unless the court auditor is faced with a litigant who hid their assets with tons of layers of business ownerships, a full and complete discovery would be finished using this process in a matter of an hour or two. With a full electronic record, no legal fees, and no court reporters to pay off for transcripts, to boot. No papers to file saving filing and storage costs for taxpayers. No motion papers, and no court appearances to argue who owes who what discovery documents, so court involvement is eliminated and court time is freed up for other matters.

So, where's the problem with this approach? The NYS Bar Association lobby in Albany - that's our real obstacle here. If litigants and victims had a bigger lobbying group (read: more campaign contributions), they'd be the ones getting everything they want. Politicans are like auditors in that respect - they follow the money!

This audit approach should replace "discovery" in surrogate's because it's easy to get all of this information in that court - most of the social security and other data needed for a credit check is already in the initial trust papers for a trust case, and on the death certificate and POAs for an estate case. And once we change the discovery process in one area of the courts, we can then have those changes applied across-the-board.

But what do I know? I've only done audits for fraud for decades!

Anonymous said...

concur, that has been my question exactly, why are there no audits in the legal proceedings, our rights do claim you have a right to formal disclosure but when lawyers handle it
they drag it on forever, instead of asking for the proper paperwork,
Is that the judge or lawyer, it is both and what agency handles both?
We have no overseeing board to see the issues and write the legislation to stop the issues.
so the scams continue!

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