User-agent: * Allow: / Legal news, political opinion, Satire, and lawyer thinking by Tim Paynter, Attorney at Law: 2010-01-17

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Saturday, January 23, 2010

Fulton county sheriff markett guilty, prisoner dead, deputy skates


Why not murder for Fulton County deputy?

Mitnee Markett Jones guilty of lying

Deputy Sheriff Mitnee Markett Jones ducks felony murder charges for the death of inmate Richard Glasco. She and Officer Curtis Jerome Brown Jr, Officer Chantae Taylor and Officer Derontay Aanton Langford went into Glasco’s cell and confronted him. A few minutes after the deputies left Glasco’s cell he was dead.

Instead of first degree murder, Jones and fellow deputy sheriff Curtis Jerone Brown were indicted on charges relating to lying and obstruction of justice.

Markett was convicted today of filing a false incident report with the intent to hinder the federal investigation, making a false material statement about the incident to a Special Agent of the FBI, and obstruction of justice by making false statements to a federal grand jury investigating Glasco’s death. While the charges are serious, they fall far short of first degree murder and felony murder these deputies should be facing under the felony murder rule, which I will explain in a second.

Mr. Glasco, an unstable inmate, was banging on his jail door for hours. The jailers responded. Victor Hutchins, an inmate who was in his cell across the hall, heard the confrontation between the officers and Glasco.
About an hour later, Deputies Taylor and Lanfrod found Glasco in his cell ‘unresponsive and not breathing’

There was a wild scream, and silence. About an hour later, Deputies Taylor and Lanfrod found Glasco in his cell ‘unresponsive and not breathing’. According to the prosecution, when the deputies left the cell, the window on Glasco's door was shattered and blood and remnants of his skin were found on the glass. The helpless inmate was rushed to Grady Memorial Hospital where he was pronounced dead. That is a lot of evidence for first degree murder.

This is a cover up from the ground up beginning with the deputies and ending with the county medical examiner. The deputies lied through their teeth and the medical examiner reported Glasco’s death was ‘sudden and unexpected’ but “undetermined” The entire affair is a disgrace to law enforcement officers throughout the nation who work so hard to get it right.
"if she participated in the assault in any way, she is guilty of felony murder"

In this case, even if Jones did not hit inmate Glasco, if she participated in the assault in any way, she is guilty of felony murder in many states.

Why was no one charged? Is it because the man who was murdered was a prisoner instead of a free man? Is it because the person murdered was black? We put bad people in prisons to keep them away from the rest of society. Does that mean they should not be receive the same protection under the law as you and I do?

Jerone Brown who is also on trial for obstruction of justice has had a few problems in his past. He is accused of beating an inmate named Maurice Aikens while Aiken’s hands were cuffed behind his back.

On August 11th, 2007, inmate Aikens was being transferred to disciplinary lockdown for being disruptive. Brown offered to help another deputy, Tiece Thomas-West, move Aikens. Really, Brown wanted to get Aikens to a place where there were no witnesses.

Brown and Deputy Thomas-West took Aikens for an elevator ride. When the elevator door opened the deputies found an inmate mopping the floor. The inmate was ordered to leave the area.
"He then went at Aikens, beating the hell out of him"

Brown put on leather gloves. He had been well trained in the military. He then went at Aikens, beating the hell out of him, until blood spattered on the wall and floor. Thomas-West watched in horror.

"I was terrified," she testified. She said she tried to get Deputy Jerone Brown to stop the beating, but was not able to pull him off the helpless inmate.

Why didn’t the FBI charge anyone with Glasco’s death?

Under the felony murder rule, anyone who participates in the commission of a felony is guilty of first degree murder if a person is murdered by another crook during the commission of the felony. That applies even if the first person had nothing to do with the murder. In this case, the felony is assault upon the inmate. Jones did not have to throw a punch if she participated in the felony that resulted in the mentally unstable man’s death.

That is probably why Jones isn’t cooperating.

Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “For a sworn law enforcement officer to deliberately mislead a federal investigation is unconscionable, and the jury, with a returned verdict of guilty, agreed that it should not be tolerated.”

Jones faces a maximum prison sentence of 20 years for filing the false incident report; five years for making a false material statement to the FBI; and 10 years for obstruction of justice. Jones also faces a maximum fine of $250,000 on each count. If the court does not give Ms. Jones the maximum then we will know the problem in Fulton County does not stop with the Sheriff.
"When the FBI investigated they ‘hit a brick wall’"

The Fulton County Jail has been under watch for some time. The jail is over crowded and reports of jailer abuse are rampant. When the FBI investigated they ‘hit a brick wall’. The thin blue line was working hard in Fulton County as one disgrace to law enforcement protected another.

Fulton County Sheriff Ted Jackson said, “Sworn officers are expected to be honest and anything less will not be tolerated within the Fulton County Sheriff's Office. No one should turn a blind eye to the mistreatment of persons in custody. This conviction is further proof that we will hold staff members accountable for their actions while expecting all employees to promote high standards of professionalism for next generation of detention officers.”
"Prisoner abuse comes from the top down"

Let me give you a little news, Ted. These kinds of things don’t usually come from the bottom up. Prisoner abuse comes from the top down.  These deputies thought they could get away with kicking the ass of a black man in jail or they would not have done it. If there are problems in the Fulton County Jail then the responsibility comes from the top down, not the bottom up. The next generation of detention officers is getting a good lesson by management.

Every person has the right of the presumption of innocence until proven guilty. None of the Fulton county deputies, Mitnee Markett Jones, Curtis Jerome Brown Jr, Chantae Taylor and officer Derontay Aanton Langford have been charged with the murder of Richard Glasco and I do not allege they have committed murder. That is for the FBI to figure out. At least Jones was found guilty to obstruction.  We can only hope the Federal Bureau of Investigation will not let this disgrace in the history of law enforcement escape the justice of the noose simply because they are members of law enforcement.

Friday, January 22, 2010

Do you know this bank robber? Help him and help us!


 This man robbed
Wachovia Bank branch located
at 2 West Girard Avenue, Philadelphia, PA



This man must be very desperate. Robbing a bank without concealing your identity is stupid.  Only a desperate person would do it.  This kind of person is usually seeking help and making a statement in his own way,

I AM DESPERATE PLEASE HELP ME!

Unfortunately his way of making that siren call could get him killed.  He made threats on his next robbery. 

The Philadelphia Police are going to help him. It may not look like help, but it is.  They are going to put him into the system where he can explain his actions and motives to a judge.  Or they are going to kill him trying.  After making verbal threats, can you blame them?

If you know this person help him by helping get him off of the street.  It is best if he is willing to turn himself in.  If he is not, it is best to take him than let him put his life and other lives at risk in future robberies.  No amount of money is worth a life!

The FBI says:  "The robbery took place at 2 West Girard Avenue the TD Bank branch located at 3930 Woodhaven Boulevard. You can bet this cat is just down the highway!

At approximately 10:50 a.m., the subject entered the Wachovia Bank branch and made a threatening verbal demand to a teller. The subject fled the bank, however, without obtaining any cash. The subject was wearing red pull-over hooded sweatshirt, and was last seen on foot on Girard Avenue heading towards Frankford Avenue."

You are not snitching on someone when you are saving their life.  Rather, you are helping them get off of the street and out of danger.

The FBI continued:  "The same subject then entered the TD Bank branch at approximately noon, and made a threatening verbal to a teller there indicating that he was armed with a gun. The subject was wearing a white t-shirt. After obtaining an undisclosed amount of cash, the subject fled the bank and was last seen in a small white plain panel van with unknown Pennsylvania license plates on Woodhaven Boulevard heading towards Interstate 95"

"The subject is described as a white male, 25 to 35 years old, 5’7” to 5’8” tall, medium build, with brown hair longer on the top then on the sides, a mustache and goatee and a “five-o’clock” shadow. The subject may have red dye stains on his clothing and/or skin."

We are willing to help you get this man off of the street.  Please contact us, or contact the FBI.

Every person has thge right to be presumed innocent until proven guilty by a jury in a court of law.  All statements made here about bank robbers is upon allegation and information and belief.

Attorneys victim of internet check fraud Most had if figured out long ago


Lawyers swindeled in internet scheme

I guess attorneys figure no one is going to mess with them.  When they see the same riff raff trying to scam them the way the scum bags scammed their clients you would think these guys would catch on.  But then, attorneys are not famous for being bright, just educated!

The FBI warns attorneys, they too, can suffer the consequences of internet crooks.  Here is how one scam works:  The scam man sends an email to the attorney.  He wants legal representation.  He needs to collect payments another person owes him in the US.  He makes a prposal:  The lawfirm will get a check for their retainer.  Since the client appears to be swimming in money he can send an extra amount.  He tells the attorney, once all of the funds due are paid, go ahead and pull the rest of the funds out of the account and send them to China, for example.

It takes a little time for the light bulb to come on for the attorney.  When he reconciles his attorney trust account he will find himself short.  Way short.  He refunded money to a bogus buyer in china based upon a counterfeit check!  The attorney is out the money and will have to re-supply the funds to the bank.

When the fish are not biting then change the bait.  There is a new twist which seems as effective as the old one was.  A fraudulent client calls up asking for representation as an "ex wife" on assignment in an Asian country.  She is trying to collect divorce settlement funds from her ex-husband who lives in the U.S. 

The law firm agrees to represent the defenseless woman.  They agree to help their client and send an email to Mr. X demanding payment of divorce settlement money.  The husband, obviously in 'fear' of the law firm bucks up right away and sends a check via delivery service.  The ex-wife says 'great job!' please wire the funds, less attorney's fees, to an over seas bank account, which the attorney does.  The attorney gets that sick feeling in his stomach when the check bounces and his client has disappeared. 

You don't have to be desperate or uneducated to get caught up in the series of scams on the net these days.  Fortunately, the FBI is very aggressive in prosecuting this kind of trash.  It is eash of our responsibility to report internet criminals when we see them.  Otherwise, it won't be our internet for long!


Wednesday, January 20, 2010

Do you know this bank robber? Polite feline sought by FBI

Who is this mystery bank robber?






Courteous criminal demands money at Wells Fargo Bank
in Randall's, 11041 Westheimer in Houston, Texas. 
 
This middle aged female with crooked teeth waited her turn in line.  When she got to the teller she presented a note, nice and lady like, demanding money.  That is why people go to a bank, right?
 
Except this "female felon" didn't have any money in the bank.  Instead, her note said this was a robbery, and demanded money, says the FBI.
 
The Houston FBI Bank Robbery Task Force is seeking the public’s assistance in identifying  the woman. 

"At about 11:45 a.m., the woman approached the bank...She waited her turn in the teller line, and when called to the teller, she placed a threatening note on the counter which announced she was committing a robbery. The woman was given some cash which she placed inside her large, cream colored purse."  says the FBI in a press report.   

The woman is described as a white female, 48-55 years old, 5’4”-5’ tall, with a slender build and a light complexion. She wore glasses, a grey sweatshirt, and jeans and carried a large cream colored purse. Witnesses advised she may have had crooked teeth.

You can make $5,000 bucks for information leading to the charging and arrest of this sweet pea.  If you need help, call me and I will help you submit the information for part of the reward.  Sometimes those who are wanted by the police ask attorneys to assist them in turning themselves in.  It is always the best course, esepcially in a case like this. It is only a matter of time before the police catch up to this polite bank robber. 

Since it is a bank robbery, one can bet the cops will take it very seriously.  Sometimes an attorney can help in the turn-in process.  No matter the results, we need to get her off of the street.  This is for her protection, and for ours. 

The courteous bandit did not show a weapon and made no threats.  The FBI does not say she is armed and dangerous.  However, anyone who is so desperate they are willing to rob a bank may be violent, or have violent people forcing them to do things they would rather not do.

You can read more about it in the Houston Chronicle.  FBI seeks help in identifying bank robber



Many people don't have much sympathy for Wells Fargo based upon their abusive loan practices.  However, the solution is never to break the law.  We have courts of law and the court of public opinion for that! Wells Fargo home equity line rip off

It is important to remember that everyone is presumed guilty until proven innocent.  The action of this person are by allegation and information and belief.  A court of law will make the final determination.  The FBI is asking for your help in bringing this person to that court, to prevent potential violence and help a poor soul who has gone astray.

Internet fraud abounds secret shopper steals identity

Beware the secret shopper scam!


Watch out for the secret shopper scam. In this scam, shoppers are asked to go to various stores to spy on their competition. In order to qualify, the person must provide back ground information upon themselves. After all, the company needs to know who is doing the spying on whom.

The reality is, the company is spying of the unsuspecting person by getting all of his personal information. Now they have most of what they need to invade bank accounts or sell identities.

In one scheme, the shopper is offered a check to buy certain items. It is a large enough check to buy the items and have plenty left afterwards. So the person wins in two ways, one he gets to keep the items he buys, presumably, and he gets to keep the change.

After buying the items the shopper finds out he bought items using a counterfeited check. Now he will be stuck explaining to the local constabulary why he used a counterfeited check and when is he going to make good on his purchases?

In another version of the scheme, the "employee:" gets money wired directly to his account. Now he has no fears the money is there to spend, it got wired! Not so fast. Instead of wiring money into the account, the internet charlatan takes money out of the account. Since most people who fall into these kinds of schemes are having financial troubles anyway, the theft puts an undue hardship on them. Landlords don't like excuses.

Still another version charges you to find the true secret shopping sites:
"Sounds like a fun, legitimate job, right? ...if you want to participate, you are likely to find hundreds of fraudulent web sites...But in most cases, these web sites have one intent - making you pay to become a member of their web site...But all they actually do is provide you with a list of useless links to companies that no longer exist, or more companies that want you to pay more money to join their web site as well!"  secret shopping advice

The FTC has a few words about secret shopping:
"The truth is that it is unnecessary to pay money to anyone to get into the mystery shopper business. The shopping certification offered in advertising or unsolicited email is almost always worthless. A list of companies that hire mystery shoppers is available for free; and legitimate mystery shopper jobs are on the Internet for free. Consumers who try to get a refund from promoters of mystery shopping jobs usually are out of luck. Either the business doesn’t return the phone calls, or if it does, it’s to try another pitch"  The truth about secret shopping by Federal Trade Commission

The FBI internet crime complaint center (IC3) has been getting a lot of calls over this kind of fraud on the net. They have some advice for you to keep your money in the bank and not fall prey to crooks.

Do not respond to unsolicited (spam) e-mail.

Do not click on links contained within an unsolicited e-mail.

Be cautious of e-mail claiming to contain pictures in attached files, as the files may contain viruses. Only open attachments from known senders. Virus scan all atachments, if possible.

Avoid filling out forms contained in e-mail messages that ask for personal information.

Always compare the link in the e-mail to the link you are actually directed to and determine if they match and will lead you to a legitimate site.

There are legitimate mystery/secret shopper programs available. Research the legitimacy on companies hiring mystery shoppers. Legitimate companies will not charge an application fee and will accept applications online.

No legitimate mystery/secret shopper program will send payment in advance and ask he employee to send a portion of it back.

It is important to remember that schemes of this nature can only take place with the public’s participation. The FBI New York is reminding everyone to remain vigilant when solicited by potential scam artists and to use the above suggestions as a guideline in protecting your identity.

All of that means, buyer beware, protect yourself; the internet is full of big bad wolves.

Special Agent Richard Kolko, spokesman for the FBI in New York said,

“We remind the public to be on constant alert for crooks that are looking to exploit services and financial information for their own personal agenda. It is ultimately everyone’s responsibility to remain the front line of defense in protecting their identity.

The FBI encourages everyone to report information regarding scams of this type to the proper authorities. Be smart—protect yourself. If it doesn’t seem right, it probably isn’t.”

The FBI is active in pursuing trash on the net. They, like us, would love to put this riff raff where they can't hurt innocent persons. It is important to report fraud on the net.

If you have information regarding mystery/secret shopper schemes, or believe you have been a victim, we encourage you to file a complaint at www.ic3.gov.

Happy shopping,


Uncle Tim

Tuesday, January 19, 2010

Violation of attorney client priviledge tags lawyer with fraud


Attorney client privilege violated

Attorney Brian L. Nehrig guilty

Former Attorney Sentenced in Fraud Case

According to a press release from the FBI, Brian Nehrig, a Fishers Indiana attorney, violated the solemn attorney client privilege between himself and his client. He used confidential information to make money at the client’s expense. He pled guilty to mail fraud and received a light sentence.
"Nehrig took advantage of inside information"
Nehrig is a foreclosure attorney representing CitiFinancial in their foreclosures. Nehrig took advantage of inside information, specifically the bid price Citifinancial was prepared to bid at foreclosure. Nehrig arranged for associates to buy properties at super low prices and then put them back onto the market to make a profit. Even though the profits were small, a few thousand per deal, Nehrig had the obligation to see to it the client made the money, not Nehrig. If the disgraced attorney needed to make more money he should have raised his rates.

"Most attorneys are closed mouthed
about the lender's bid"

The foreclosure and real estate investment strategy is simple and popular. Buy at foreclosure sale, fix up if needed, then sell for a profit. The problem is, one cannot use inside information at the cost of the client in the process. That is why most attorneys are closed mouthed about the lender’s bid. It is the lawyer’s job to get the most bang for the buck for the bank, not to use confidential information for their selfish greed.

The attorney client privilege is a confidential arrangement between the client and the attorney. The lawyer has the obligation to keep all confidential communication to himself. He also has the obligation to advocate for the client, which means help him make the best of the client’s situation. In the case of Citi Financial, Nehrig’s obligation was to maximize the bank’s profits.  Nehrig in counter intelligence blog

The court determined the loss to CitiFinancial was $66,000 bucks. An insurance claim has made the bank whole. It is unknown whether the insurance company will seek repayment for their loss through subrogation.

Nehrig got off with a light sentence. He was ordered to do six months of in-home confinement and 8 hours of community service each month. He is also on 3 years probation. During his probationary period he may not work as a self employed person. Judge Sarah Barker ordered Nehrig to disclose his felony conviction to all employers he works for. The fine was small, only $2,500 dollars.  Why Assistant U.S. Attorney Gayle Helart, who prosecuted the case against Nehrig, went along with such an easy deal for Nehrig is unknown.  Thanks to the FBI for investigating.  FBI annonces guilty plea for disbarred attorney brian nehrig, breach of attorney client priviledge
"He must disclose his felony conviction"

When a lawyer violates the attorney client privilege he is likely to lose his license to practice law. That happened with Nehrig. Since he cannot practice law and he cannot be self employed and he must disclose his felony conviction, finding work could be difficult. Likely, the dishonest attorney will have to pay his fines prior to the end of his probation.

Disclosing lender bid prices, inside dealing, violation of the attorney client privilege, making money by buying real estate at the client’s expense, using associates to cover up low bid prices during foreclosure sales, these are the actions of a dishonest and fraudulent lawyer. Attorney Brian Nehrig got off easy after he cheated Citifinancial during foreclosure deals. One can only hope six months of in-home confinement and 36 months of probation is adequate to send the message.