Thursday, January 20, 2011

The Principles of Skilling 11/22/10

In the Supreme Court case decided 6-24-10 the court interpreted the statute Title 18 1346. This is known as the McNally fix because it overturned McNally (1986) by adding honest service back into the mail and wire fraud statutes. In McNally the court interpreted these statutes not to include intangible property interest. Congress disagreed and passed section 1346. 1346 is a definition that basically said a “schema or artifice to defraud” includes honest service. The question skilling raised was, is this too vague to pass constitutional muster. The court said to save the statute they would have to confine the prohibited behavior to bribes and kickbacks. This definition has now been confined for constitutional reasons. Therefore it can now be read practically as a scheme or artifice to defraud includes bribes and kickbacks. This list is now the all inclusive list of behavior prohibited by the phrase “scheme or artifices to defraud” This phrase is in all the fraud statutes. At law the phrase now being defined must have the same meaning in every statute in which it is used. The problem you can already see is that even if Dorean the wicked scheme their rhetoric professed, it newer involved bribes or kickbacks. So Scott and I are convicted of a non-offense. It’s like raping mini-mouse they can write a statute prohibiting it but in reality my conduct could never violate it. They know this still it does not retard them from their malicious assault upon our innocence to the argument about truth in the mortgage industry. Call me guilty if you like but you become lawless in doing so.

3 comments:

Praise be to God said...

Kurt and Scott, I just pray for your release. You should never have been incarcerated in the first place. all you did was try to help people. You are still in my prayers.

My God bless you and see you both released.

Cat

judge allslop said...

Wonder what BofA paid Alsup to send Dorean down the river?Hopefully it will cover his pension when the State of California defaults on it or did kurt already lien it lol. Could Wikileaks name names?


Bank of America Inc.’s Countrywide Financial unit was sued by investors in mortgage-backed securities who alleged a “massive fraud” in a complaint filed today in New York state court.
TIAA-CREF Life Insurance Co., New York Life Insurance Co., and Dexia Holdings Inc. are among about a dozen plaintiff institutional investors in mortgage-backed securities issued by Countrywide’s subsidiaries, according to the complaint. The investors claim they bought hundreds of millions of dollars of Countrywide mortgage-backed securities from 2005 to 2007 because they wanted conservative, low-risk investments and relied on term sheets, prospectuses and other materials provided by the firm that they say were recklessly or knowingly false, according to the complaint. “In reality, Countrywide was an enterprise driven by only one purpose -- to originate and securitize as many mortgage loans as possible into MBS to generate profits for the Countrywide defendants without regard to the investors that relied on the critical, false information provided to them with respect to the related certificates,” according to the complaint. The suit is the latest fraud action against Countrywide related to alleged misstatements to investors regarding the company’s mortgage loan underwriting standards. The complaint names more than 20 defendants, including Countrywide Home Loans Inc., Countrywide co-founder and former Chief Executive Officer Angelo Mozilo and Bank of America. Shirley Norton, a spokeswoman for Bank of America, which acquired Countrywide in 2008, had no immediate comment.
The suit is Dexia Holdings v. Countrywide Financial Corp., 650185/2011, New York state Supreme Court Manhattan).

fireinthehole said...

Alsup didn't send Dorean down the river. He sold Kurt and Scott, real persons, down the river.
Who or what is the corporation's god? Lucifer. Lucifer is the corporation's god of worship.

Here's a quote from The Rape of Justice by Eustace Mullins:

"Under our present feudal system, we live on the 'lord's land' as 'villeins,' having title to nothing, and remaining as tenants at the lord's pleasure. The 'lord,' of course, is the cnetral banker, who exercise control throught the Federal Reserve System."


Judges of course don't mind when corporations file lawsuits against their own kind, namely, other corporations, however, courts are anathema to real men and women because the judge isn't employed by real people- his employer is the corporation.