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Forum Post: Civil Court Solutions for Main Street, Streamline Courts Using Benchmarks, Courts Expensive, Sluggish, Cruel and unusual

Posted 1 year ago on Oct. 28, 2012, 1:32 a.m. EST by Middleaged (5140)
This content is user submitted and not an official statement

This could be a GOOD example of why we need Benchmarks to Set Examples of Appropriate Behavior ... in an Initiative to Streamline US Court Systems. Apparently home owners who had paid their mortgages and even owned homes were forclosed on by banks using fraudulent documents. This is only one part of the story though.

1) We know Court Cased Take many Years to Resolve.
2) We know Poor People can sue Rich Corporations in US or State Courts (The cost up front is prohibitive or if you pay from later settlement you can incur thousands of dollars in tax Liability from awards for Legal Fees in addition to other awards.
3) So therefore we know that the Court Systems are not accessible to people on Main Street.
4) Clearly sometimes People need Court Remedies in the short term... it is cruel and unusual to fight for 10 years for decisions.
5) Therefore I suggest quick court decisions in the case of Civil Suits where people have not been damaged bodily or physically harmed or require medical bills to be paid for

based on:

A) Benchmarks, Clear US or State policy that Narrows Business Behavior in the case of correct, Transparent, and Ethical Banking and Financial behavior.
B) Benchmarks, prior court cases used as examples or business cases to differentiate good behavior, good relationships, good contracts from criminal or fraudulent behavior.
C) Benchmarks, cases that have been ruled and used to show proper relationships between fiduciary agents like Realtors, Lawyers, Accountants, or Financial managers.
D) Benchmarks, Legislation Drafted by State or Federal Congressional Bodies to Clarify and Simplify Laws and Regulations to purposely Narrow Financial Behavior, Legal Entities, Legal Incorporation, Shell Companies, and Jurisdiction.
E) Benchmarks, Legislation Drafted to Clarify and Simplify taxes, and construe what is tax avoidance and tax evasion for the purpose of delineating what behavior is illegal and prosecutable.

http://occupywallst.org/forum/lawsuits-too-expensive-for-avg-voter-to-sue-govern/

April 23, 2012, 12:01 a.m. EDT

Home Owners Across the Nation Sue All Bank Servicers and Their Offshore Havens;

Spire Law Officially Announces Filing of Landmark Lawsuit Largest International Money Laundering Network in History Formed During Obama Administration;

U.S. Banks' Theft of Home Owners' Money Laundered Through Cayman Islands, Isle of Man and Numerous Offshore-Based Affiliates NEW YORK, NY, Apr 23, 2012 (MARKETWIRE via COMTEX) -- In a lawsuit alleged to involve the largest money laundering network in United States history, Spire Law Group, LLP -- on behalf of home owners across the Country -- has filed a mass tort action in the Supreme Court of New York, County of Kings.

The complaint, Index No. 500827, was filed by Spire Law Group, LLP, and several of the Firm's affiliates and partners across the United States. Far from being ambiguous, this is a complaint that "names names." Indeed, the lawsuit identifies specific companies and the offshore countries used in this enormous money laundering scheme.

http://finance.yahoo.com/news/home-owners-across-nation-sue-040100659.html

http://www.marketwatch.com/story/major-banks-governmental-officials-and-their-comrade-capitalists-targets-of-spire-law-group-llps-racketeering-and-money-laundering-lawsuit-seeking-return-of-43-trillion-to-the-united-states-treasury-2012-10-25

http://piggybankblog.com/2012/10/25/piggybankblog-posted-major-banks-governmental-officials-and-their-comrade-capitalists-targets-of-spire-law-group-llps-racketeering-and-money-laundering-lawsuit-seeking-return-of-43-trillion-to/

http://piggybankblog.com/2012/06/19/home-owners-across-the-nation-might-not-trust-the-spire-law-group-press-release-that-said-they-sued-all-bank-servicers-and-their-offshore-havens-spire-law-officially-announces-filing-of-landmark-laws/ (looks like 3 separate audio interviews parts 1-3 with Mr. Michael J. Stein of Spire Law Group)

11 Comments

11 Comments


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[-] 2 points by Middleaged (5140) 1 year ago

Replaced the links. Originally posted to OWS Forum on 23 April 2012.

[-] 1 points by Middleaged (5140) 1 year ago

We won't agree on the Top Ten Problems in the USA here in this Forum. But maybe Tort Reform is in the top 25 for most.

I missed another side though:

1) Huge Awards for being burnt by Coffee from a McDonald's drive thru is another area of contension.
2) And the result is a backlash of sorts in corporate strategies, additional cost to the consumer, and high Malpractice Insurance across the entire medical community. So we have:

A) Sluggist Civil Court System for Main Street and home owners.
B) Davy vs. Goliath in terms of power looking at huge resources that Banks and Corporations can Pit against government regulators and the Little guy.
C) Higher Costs, Slower Systems, more buracracy = Inflation for goods and services.
D) Government Regulators are unable to do their jobs even when they don't act out of Conflict of Interest.
E) Congress Bows a Little deeper when they Interview Bankers (Kowtow).
F) Financial Regulations disapear, Glass-Steegal gets over-turned.
G) Fraud and financial schemes run amok in wall street and in Private Banking.
H) Congress has a conflict of Interest in doing the simplest things - and can never reach across the Isle for bipartisan legislation.
I) Money runs Washington and fedral Agencies, since Money is Power.
J) We get OWS in New York, London, Madrid, Athens, Etc.

[-] 1 points by Middleaged (5140) 1 year ago

Sorry I didn't check them. They are from April 23 when the news came out. I'll replace them.

[-] 1 points by Builder (4202) 1 year ago

Yeah, I noticed that date on some of the stories I read.

What's with the big lag in bringing it to press now?

[-] 1 points by Middleaged (5140) 1 year ago

Renneye actually posted this back in April 2012. The story was sent to me about 30 Apr 2012 and I found her posting. Someone reposted the story 26 Oct 2012 and has a current string going. I just typed some solutions and realized I wanted to post them separately to keep track of them.

[-] 1 points by Builder (4202) 1 year ago

It's such a huge issue.

I'm not at all surprised that corporate media doesn't run with it.

I know that court cases take time, but this affects everyone. Kinda surprising the other candidates haven't picked it up.

[-] 2 points by Middleaged (5140) 1 year ago

Yeah, there is a case out there like 10 years now. Heard it this week. Can't remember it right now. Still unresolved. Some kind of civil suit ...probably against a huge corporation. Brightonsage knows about lawsuits, I guess. He was targeted by a corporation I guess.

[-] 1 points by VQkag2 (16478) 1 year ago

Excellent ideas. There should be rules stating that

  • the bank who loses the case must pay the plaintiffs legal bills and not have it come out of the award,

  • the plaintiff should not have to pay tax on the award.

  • the bank cannot deduct the award as a loss on taxes.

  • & definitely a speedy trial.

My little contribution.

[-] 1 points by Middleaged (5140) 1 year ago

Yes, Excellent. The Tax Law has to be tweeked to protect the little guy from going bankrupt due to taxes on Legal fees awarded or Hospital Fees awarded, and probably other fees awarded.

If you go to court for Redress, then you should not end up getting royally screwed on the taxes.

[-] 1 points by VQkag2 (16478) 1 year ago

Exactly.