The Robert Paisola Foundation: An Avenue for Criminal Justice Reform

Update - Robert Paisola Foundation- Utah- Jeremy David Johnson In Utah - Pleads Not Guilty In Federal Court, Robert Paisola Reports

2011-07-07T23:02:00.000-07:00

St. George millionaire pleads not guilty to mail fraud charge

July 7th, 2011 @ 1:15pm

By Geoffrey Fattah

SALT LAKE CITY — A Utah philanthropist will get a chance next week to argue for his release from federal custody.

Meanwhile, federal prosecutors are talking about expanding charges against him.

During a hearing in federal court Thursday, Jeremy David Johnson pleaded not guilty to one count of mail fraud. If convicted, he could face up to 20 years in prison and a $250,000 fine.

Jeremy David Johnson

Johnson, who at one time was considered a multimillionaire, also declared to a federal magistrate judge that he could not afford to hire an attorney and asked for a public defense attorney to be appointed to him. Defense attorney Nathan Crane said all of his client's assets have been frozen.

Assistant U.S. attorney Brent Ward said it is likely that the government will seek an additional grand jury indictment against Johnson within the coming weeks, but they had yet to process hundreds of thousands of documents associated with Johnson's business dealings. Before being indicted on mail fraud last June, the Federal Trade Commission had filed a civil action against Johnson in Las Vegas in connection to his IWorks business.

Crane asked Judge David Nuffer for a hearing to give his client a chance to argue for his release. Ward countered that given the fact that Johnson was arrested while trying to leave the country, plus additional evidence, Johnson should continue to be held in federal custody. Nuffer has scheduled a detention hearing for July 11.

Johnson was arrested last month at the Sky Harbor International Airport in Phoenix, Ariz., as we was en route to Costa Rica. Johnson had moved his wife and two children to Costa Rica earlier this year.

Federal investigators say Johnson fueled a lavish and attention-getting lifestyle through a fraudulent business scheme which netted him around $275 million.

The 35-year-old St. George man was known to have purchased expensive homes, a dozen helicopters and planes, gold and silver, even a Ferrari and Lamborghini. He also shared money with his family, friends and LDS Church ward.

Johnson received international attention when he flew one of his helicopters to Haiti last year to provide food relief to starving earthquake victims and rush injured children to hospitals. He was also known to frequently fly search-and-rescue missions for the Washington County Sheriff's Office.

But federal officials contend that Johnson had a dark side, gambling away millions of dollars at high-end casinos in Las Vegas. He also allegedly admitted to a federal agent that he also played online poker and that he had a gambling problem.

New York probing Corinthian, Trump's for-profit colleges

2011-05-20T23:17:00.000-07:00

New York probing Corinthian, Trump's for-profit colleges

By A. Ananthalakshmi – Fri May 20, 1:13 pm ET

BANGALORE (Reuters) – The New York Attorney General is investigating colleges run by Corinthian Colleges and real estate magnate Donald Trump, adding to the list of states probing illegal business practices at for-profit schools.
Attorney General Eric Schneiderman has also issued a subpoena to Bridgepoint Education, the company revealed in a regulatory filing late on Thursday.
New York is the latest state to start probing for-profit schools that have come under the scanner for over-charging students and burdening them with debt.
The Obama government has threatened to cut off federal aid -- a big chunk of revenue for these colleges -- if the for-profit schools continue to show high student debt levels.
Involvement of state administrations started in October when Florida said it was probing Apollo Group, Corinthian, Washington Post's Kaplan colleges and Career Education for alleged unfair and deceptive enrollment practices.
In an emailed statement today, Corinthian spokesman Kent Jenkins said the company received a subpoena from the New York Attorney General on Thursday, and will cooperate fully.
Corinthian, which runs Everest, Heald and WyoTech colleges, has one campus in the state of New York.
Corinthian said in its latest quarterly filing with the SEC that its colleges are being investigated by Florida, California, Massachusetts and Atlanta.
A spokesperson for the Trump Entrepreneur Initiative said the college will cooperate with the inquiry and provide the information requested.
The Trump Entrepreneur Initiative was founded by billionaire Donald Trump in 2005 and offers online lessons on real estate, asset management among others. It does not offer degrees.
In the regulatory filing on Thursday, Bridgepoint said the subpoena relates to the attorney general's investigation on its compliance with certain New York State consumer protection, securities and finance laws.
Bridgepoint Education, which runs the Ashford University and University of the Rockies, said the attorney general has requested the company and its academic institutions for documents and detailed information since March 17, 2005.
According to some media reports, Career Education and Lincoln Education are also being investigated by New York.
Emails and calls to Career Education, Lincoln Education and the New York Attorney General's office were not immediately returned.
Bridgepoint shares were trading down 6 percent on Friday on the New York Stock Exchange. Corinthian's shares were down slightly.
(Reporting by A. Ananthalakshmi in Bangalore; Editing by Don Sebastian)

Trump University' being investigated by NY AG

2011-05-20T23:03:00.000-07:00

'Trump University' being investigated by NY AG

By MICHAEL GORMLEY, Associated Press – Thu May 19, 5:56 pm ET

ALBANY, N.Y. – A for-profit university operated by real estate mogul Donald Trump is being investigated by the New York Attorney General's office.

A spokesman for the Trump Entrepreneurial Initiative acknowledged receiving an inquiry from Attorney General Eric Schneiderman's office and said the organization would cooperate with the probe.

A person familiar with the situation tells The Associated Press that Schneiderman's office is looking into clams that the developer and TV host exaggerated Trump University's success. The person spoke on condition of anonymity because the probe hasn't yet been made public.

The person says Schneiderman is investigating four other for-profit schools in a case looking at deceptive business practices. He's found more than a dozen credible complaints.

Trump announced Monday he would not pursue a presidential bid.

The investigation was first reported by The New York Times.

How to File a Complaint on a Lawyer With the Utah State Bar Read more: How to File a Complaint on a Lawyer With the Utah State Bar | Robert Paisola Reports for E HOW

2011-05-17T17:27:00.001-07:00

How to File a Complaint on a Lawyer With the Utah State Bar, Robert Paisola Reports Live

If your Utah lawyer isn't doing his job, the Utah State Bar can help.

When you have an issue with a company, you can take your complaint to the Better Business Bureau or take the company to court. What do you do about your lawyer though? You have tried to resolve a problem with your lawyer by calling, emailing or writing letters. You have even tried to contact the firm's managing partner. But you get an inadequate response or you find yourself at an impasse. If you have tried to resolve the problem with your lawyer to no avail, you can take your issue to the Utah State Bar.

Difficulty:

Moderately Easy

Instructions

- Obtain the assistance request form. Go to the website for the Utah State Bar Consumer Assistance Program (CAP). CAP was put in place to help resolve minor conflicts with lawyers. Click the download link to open and print the pdf file. You will need Acrobat Reader installed on your computer to open the file. Alternatively, you can call the Utah State Bar at 801-531-9077 to request the form be mailed to you.
- Complete the form. Provide your attorney's name and address. Include a detailed explanation of the conflict and why you are requesting help. Include dates and places. For example, provide the times and dates of any email communications and phone calls. Twenty emails from you with only 1 response from your lawyer may demonstrate the lawyer's lack of responsiveness to your concerns. Also, describe in specific detail the assistance you would like CAP to provide. Attach extra pages, if needed. Keep a copy of the form for your records. Once the issue is resolved, CAP does not retain a copy. If you need to file again, you will want to have the first form on hand.
- Submit your request to the Office of Professional Conduct. Mail the form to: Utah State Bar, Consumer Assistance Program, 645 South 200 East, Salt Lake City, UT 84111. You may also fax the form to 801-531-9912, attention: Consumer Assistance.
- Discuss the case with the CAP attorney. The CAP attorney will review each form and will call you to discuss the issue. Although the attorney cannot provide legal advice, he will try to help you and your attorney resolve the conflict. Take the matter to District Court if the issue cannot be resolved through CAP. Fee disputes are also handled by the Utah State Bar. However, if the conflict is a fee dispute, you must file a Fee Dispute Petition Form and the Fee Dispute Agreement Form. Unlike the Consumer Assistance Program, participation in the Fee Dispute Program, though strongly encouraged, is voluntary for Utah attorneys.

Tips and Warnings

Help your lawyer meet your needs by setting clear, written expectations for the attorney-client relationship at the beginning.
Keep records of the communications between you and your lawyer in case issues arise later.

JUDGE KEITH STONEY MUST GO NOW!

SARATOGA SPRINGS -- An anonymous blogger, a 35-year-old self-proclaimed community watchdog and journalist by the name of Frank Townsman, has sent letters to media in Salt Lake and Utah counties accusing Saratoga Springs officials of unfair and unlawful practices, but has refused interviews.

"I'm sorry," Townsman responded to a request for an interview. "We are concerned that we will be the subject of reprisal. Therefore we are not willing to disclose our identities at this time."
Townsman, or townsmen as the case may be, began a blog at www.saratogawatchdogs.blogspot.com with his or her first entry dated July 19. That entry was a letter addressed to the city's mayor, Mia Love.

"I am a resident of Saratoga Springs and am writing to you on behalf of myself and many of my neighbors as well as members of the 9/12 project, Tea Party movement and numerous other concerned citizens of Saratoga Springs," begins the letter, ending with "The People Of Saratoga Springs Have Spoken! Our Voices Will Be Heard!"

Although Townsman lists several complaints including the city contracting with companies that employ illegal immigrants, police distorting testimony in domestic disputes to fabricate a crime and denying the accused due process or legal defense, Townsman's focus appears to be critical of what he or she terms illegal speed traps and the city's own neglect of municipal property and not conforming to its own codes.

Police conducted a checkpoint on Redwood Road between Bluffdale and Saratoga Springs recently that received Townsman's ire. Townsman stated that the Saratoga Springs police needed to simply abide by the Constitution.

"I checked into this and found out that the checkpoint was conducted by the Lehi PD," responded Love to Townsman via her phone mail. "The first I've heard of a major police problem ... was the letter to sent to me and the media last week."

Townsman additionally accused Saratoga Springs of not being landscape compliant and having properties that pose a significant fire hazard, specifically its public works facility. The blogger then posted several photos on the blog illustrating the overgrown weeds on city property.
Saratoga Springs itself owns approximately 90 acres, most donated by developers for parks.
"We treat them as undeveloped land, we'll go in and chop down weeds if there's a problem," said Saratoga Springs's assistant city manager Spencer Kyle.

He said the city can't financially develop the parks all at the same time and in the past has had volunteers help lay sod to defray costs.

"We get to building the parks as soon as we can," Kyle said.

As far as the city's stance on landscaping and weeds at residential and commercial locations, Kyle said some of it is timing.

"I wouldn't say it's a crackdown, I would say it's the season starting in spring," he said. "There's not much you can do in winter."

Each homeowner has 12 months to get their front yard landscaped and 24 months to get the backyard installed; also weeds higher than six inches need to be cut down, according to city code.

"All we ask is that Saratoga Springs City Officials cease to issue and enforce citations for residential weed and landscape violations until the city can demonstrate full compliance with the same weed and landscape codes," Townsman wrote. "Many people cannot afford landscape in these trying economic times let alone afford a $50 per day fine for non-compliance."

Kyle said the city is working with people who want to comply but can't for various reasons.
"There are ways to get a front yard put in for low cost," he said.

Saratoga Police Chief Gary Hicken said he has seen neighbors in his city helping one another install sod or plant grass.

"To tell you the truth, the Saratoga Springs residents are really good, the neighbors just come out to do it for them," he said.

His own officers have volunteered on their own time to help people who are physically unable to comply and chop their weeds down for them.

"Sometimes, even when its not our responsibility, we just do it," Hicken said. "Typically, it's elderly folks who physically can't do it."

Mostly the installation of yards, whether that is a xeriscape or grass, is a way to control weeds, he said.

The mayor, who was out of town, sent a response on her phone that the city is committed to maintaining a high quality of living for its residents.

"A part of this high quality of living is creating and maintaining landscaped areas," she wrote. "Following this practice encourages the beautification of neighborhoods, keeps home values high and also reduces the risk of wildland fires spreading to residential neighborhoods."

As for the city's own property, Love said Saratoga Springs is committed to a high standard in its own open spaces, most of which are donated to the city in a natural state.

"Our city parks crews work hard at maintaining the city's park system and cutting down weeds on city-owned property," she wrote.

Hicken said the city is willing to work with people.

"As long as we know you are still working on it either with weeds or landscaping we will give you more time," Hicken said. "I'd like to know what the situation is, but there isn't much you can do if you don't know who they are."

Harry Blausey Released From Prison...

2011-05-16T19:34:00.001-07:00

NEWARK — A Newark man convicted of a mortgage scam in 2008 was released from prison Monday after serving more than half of his four-and-a-half year sentence.
Harry Blausey, 69, of Newark, was convicted of 26 felony counts for convincing people to sign over deeds to their homes on the premise that Blausey would negotiate with their mortgage companies to avoid defaulting on debts.
Licking County Common Pleas Court Judge Thomas Marcelain granted his early release after Blausey paid restitution to victims.
Marcelain, who has denied Blausey’s earlier requests, sentenced Blausey to three years of community control Monday. If he violates the terms of his probation, he could be returned to prison.
Neither defense attorney Daniel Arnold nor Licking County Assistant Prosecutor Duke Frost knew how much money Blausey had paid in restitution. Licking County Adult Court Services had received $2,850 for the case, Chief Probation Officer Kelly Miller said.
Other victims sued Blausey for money and those settlements aren’t always public record.
“It was difficult to put a number on,” Marcelain said.
Blausey, a former real estate agent, made money by renting out the homes until they were sold at auction. Jurors found Blausey guilty after a four-day trial.
“He led us to believe he was going to sell our home,” Craig Ottman said. He wasn’t aware anything was wrong until a letter from a mortgage company told him to vacate the house, Ottman said.
The Ottmans were the sole couple not reimbursed through civil lawsuits or restitution from the criminal case, Marcelain said. Their situation will be reviewed.
Marcelain said restitution was the most important objection, but he was not impressed by Blausey’s conduct while in prison.
Blausey received 29 conduct reports for poor behavior, 14 of which resulted in penalties. He instigated a fight with another prisoner, calling him a “no-good hearing-aid thief.” He refused to return a bucket, clean his cell and return to the dorm.
At one point he attempted to flood his cell while in segregation, according to the summary report.
“I have never seen a worse Institutional Summary Report than yours. I’m not sure if you added all of them up they’d be worse than yours,” Marcelain said.
Blausey’s attorney, Arnold, said his client had problems following orders after more than 60 years of freedom.
“He found that transition quite difficult as you can see,” said Arnold, adding that there were no violations since January 2010.
In a December filing, Frost was against Blausey’s early release, but he was not opposed Monday. Others were released after serving less time, he added.
“It’s a white-collar crime,” Frost said. “Quite frankly, he has done half the time.”

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Robert Paisola and The Free Capitalist Rick Koerber 2011 (No Open)

2011-03-12T20:56:00.000-07:00

Robert Paisola and The Free Capitalist Rick Koerber 2011

It all started with a representative in Utah who introduced Utah House Bill 477. Never in his wildest dreams dis he think that the American Public would be watching so closely. Watch as Robert Paisola interviews "The Free Capitalist" Rick Koerber on "Privacy in America"

If you are seeking assistance with a governmental entity, timeshare company, real estate matter, home owners association or anything that might interest the American Public , Check us out at www.WesternCapitalVip.com and www.WesternCapitalNews.com

The Screwing of America- Investing in NASCAR, Robert Paisola Reports Live

2011-03-03T23:35:00.000-07:00

2011 has become known as one of the most difficult times in our nations economic past. Take a look at how our Government Invests in Nascar as the Las Vegas Strip is Closed to profile the National Guard, The US Army, and Airforce. How is it possible that we can spend tens of millions of dollars for beautiful semis to cruise the Las Vegas Strip, yet our nation is in turmoil? Welcome to NASCAR Las Vegas 2011, compliments of the US Government. We have much more tape. The ARMY Spends 7 Million Dollars Alone!

Stephen Dark Speaks: Corruption in Utah: Utah Judge Keith Stoney Under Investigation, Robert Paisola Reports

2011-03-02T23:21:00.000-07:00

Saratoga Springs residents tread lightly to avoid the long arm of the law.
By Stephen Dark

-Our Note-
Reporter Stephen Dark and I do not see eye to eye on all the issues, however he is fair and balanced. This is Going National Stephen. Great Coverage.
Robert Paisola
To Jason Chaffetz, (This is your voice buddy) We will post your reply as will we post the official statement of Governor Herbert or the Judiciary.

New York City, New York (AP)

http://www.sltrib.com/sltrib/home/50508971-76/stoney-judge-peltekian-court.html.csp

http://bcove.me/agdwev3f VIDEO2

http://bcove.me/l6qcxzcw VIDEO3

As Dave Alexander and his teenaged children sat down to dinner in early January, they heard a knock at the door. One of his daughters opened the door and called out, “It’s for you, Dad.” When Alexander went to the door, he was confronted by three heavily armed Joint County Apprehension Team [J-CAT] officers on his porch. In total, 15 well-armed J-CAT officers, used by Utah County to apprehend violent fugitives, had surrounded the night-shrouded premises.
Alexander knew what they wanted. For the past six weeks, he and his family had endured numerous, if less threatening, encroachments on their property by the Saratoga Springs Police Department [SSPD]. Officers wanted to talk to their 20-year-old son, Ryan Alexander. Such was the Alexanders’ frustration with the SSPD that they had posted a copy of the Fourth Amendment of the U.S. Constitution, forbidding unlawful search and seizures, on their front door. Unbeknownst to the Alexanders, Ryan was wanted for an $1,895 warrant for failing to appear at court to update Saratoga Springs Justice Court Judge Keith Stoney on his attendance at counseling classes relating to an altercation the summer before.

The J-CAT officer told Dave Alexander they were doing a favor for SSPD. Alexander told them, unless they had a warrant, they couldn’t come in. While talking to officers, a boyfriend of one of Alexander’s daughters walked by behind him. “There he is,” the officer shouted, misidentifying their suspect, and J-CAT stormed the premises. Alexander’s 2-year-old granddaughter wandered around saying “hi” to the armed men as they rushed down the stairs to the basement apartment in a fruitless search for Ryan. Twenty minutes later, empty handed, J-CAT left.

Dave’s wife, Danea, says she wants to put a sign up on the outskirts of the town: “Welcome to Saratoga Springs, where the citizens have no rights.” The Alexanders are among a group of people who believe Utah County’s sprawling developments located on the west side of Utah Lake, has become increasingly beleaguered by overzealous law enforcement and judicial misconduct. Complaints about officers routinely pulling over residents for the flimsiest of excuses have peppered a Facebook page dedicated to a campaign called “No to Stoney.” That campaign, led by Edward Peltekian and his son Ryan, Californian transplants to Saratoga Springs, unsuccessfully sought the ouster of Judge Stoney in the November 2010 election.

Saratoga Springs sits on the far side of Utah Lake, west of Orem and Provo, a seemingly peaceful, sleepy little town, where swathes of former LDS Church welfare farmland give way to subdivisions climbing toward the mountains or to the lake’s edge. In winter, the lake freezes over while snow-draped mountains rise behind the rapidly growing bedroom community. Walmart’s already located here, and the National Security Agency is building a $1.5 billion facility by neighboring Camp Williams.

Saratoga Springs Mayor Mia Love, who made headlines in her 2009 election as Utah’s first black mayor, talks of Saratoga evolving into a resort town, of bringing “the lake into the city,” where urban resources, outdoor recreation and rural living exist side by side, providing “the best of all worlds.” While she acknowledges the town has “got its kinks,” she truly believes “it’s going to be the greatest place to live in the state.”

DOG FIGHT
One of those “kinks” has been the Peltekian family. City Weekly reporter Eric S. Peterson documented the Peltekians’ battle with Judge Stoney in the Sept. 2 article “Dog Day in Court.” What started with a citation for the family dog Rango escaping into the street culminated with the family’s mother, Elaine Damron-Peltekian, being sent to jail for 24 hours by Stoney, without, her husband says, due process. The judge jailed her for using her cell phone to record court proceedings, something she says she stopped doing when told to by the bailiff. While Stoney was retained by the Utah County-wide vote on judges, Edward Peltekian says 53 percent of Saratoga residents voted against Stoney. “This crusade is about going against people in power who are supposed to protect us, and instead are abusing us,” Peltekian says.

But the Peltekians’ dogged battles with Stoney pale beside those of town “son” Craig Wayman. His parents started the town, he says, which, via Redwood Road, is a 45-minute drive from downtown Salt Lake City.

His 80-year-old mother still lives in a house on a hill overlooking the town, which is about 80 percent LDS in religious affiliation. Wayman’s father’s metal sculptures still decorate land by the lake’s edge. Wayman himself built many of the retaining walls and rock formations that mark homes in distinct neighborhoods sprouting off the main roads of Redwood and State Route 73.

Wayman’s easy-going cowboy manner and sky-blue eyes belie the tension in his voice as he endlessly describes to whoever will listen how the Saratoga Springs criminal justice system violated his civil rights. Two and a half years ago, he was “a 47-year-old man with a clean record and no history of violence in his past,” according to a presentation he wrote to the Attorney General’s Office. Back then, neighbors and former clients say, Wayman was known for his fair pricing and work ethic.

However, in the past two years, his life has been derailed by two convictions for domestic violence, one of which was subsequently overturned, and one for felony stalking as well as spending 5 months in jail. He has become “Public Enemy No. 1” in Saratoga Springs, he says; at one time, Saratoga Springs Detective Bruce Champagne and City Prosecutor Lindsay Jarvis were both listed on a protective order by a 4th District Court judge as people Wayman could have no contact with. He says he has lost his home to foreclosure as well as his business, property and around $500,000, due to periods in jail, a contentious divorce and his ongoing legal battles to clear his name.

Wayman has angrily maintained his claims of innocence, appealing his convictions, only for more charges to be brought against him by Jarvis. Their fight most recently culminated in a showdown on Feb. 10, 2011, in Utah County-American Fork District Court when Wayman faced four counts of protective order violations. This time, a six-person jury found him not guilty. Jarvis says both she and Champagne cannot comment on this story, since her office is appealing several decisions.

Larry Larsen, Wayman’s former attorney, argues that, for Saratoga residents, Wayman’s judicial hammering has sent a clear message. “If they are going to do that to him, am I next in line?” But Wayman says, “What started as exposing me as a wife beater and stalker,” ended up instead exposing more complex problems within Saratoga’s criminal-justice system than simply a judge some residents have loudly characterized as a vindictive bully.

Judge Stoney sees the complaints as bellyaching. “I have seen no indications that the few convicted felons and misdemeanants that have complained about the police, the prosecution or the court, represent the law-abiding citizens of Saratoga Springs,” Stoney says.

This has been a fight, argue supporters of Wayman, that several elements of Saratoga’s criminal-justice system have taken personally. “They intimidate you, they embarrass you, and expect you to crawl into a hole,” Wayman says. “Somebody had to step up and confront them, and I am the guy it ended up being.”

Danea Alexander echoes Wayman’s frustration with the system. She says that a Saratoga Springs Police officer, close to tears, approached her in Smith’s, where she works as a clerk, and apologized profusely for the harassment she and her family endured from, she says he told her, a few officers “who have hard-ons for making people’s lives miserable.”

MAN ABOUT TOWN
Craig Wayman grew up on a farm in Payson, Utah. His parents bought 150 acres in what became Saratoga Springs in 1980, with leasing options on another 300 acres. They cleared out the land, irrigated it and planted apple, cherry, peach and apricot trees. Saratoga Springs was incorporated in 1997. His father, Reid Wayman, was on the original city council and was, his son says, “instrumental in the development of the city.” In August 2010, Councilman Cecil Tuley proposed naming a park after the Wayman family, but as yet, the park remains without a title.

His marital life has not been easy. His first wife, Monica, rolled the car the day they were driving to Las Vegas to get married when they were 18. She was paralyzed from the waist down and gets around in a wheelchair. After 10 years, they divorced. “As far as I’m concerned, he’s an amazing man,” she says.

Wayman was married for a second time for three years, a relationship that also ended in a divorce, one that Wayman characterizes as non-acrimonious.

Wayman met his third wife, Melinda Bird, at an Impact training personal development course, in 2003. The second day of their honeymoon in Machu Picchu, Peru, he says she left him for the day, announcing she wanted to be alone. “I realized things weren’t quite as they appeared,” he says. They had two children together but separated in 2007. On July 24, 2008, when Wayman went to pick up his two sons, then ages 1 and 2, he and Bird got into a fight. She filed a police report alleging he spit at her, grabbed her by the arm and shoved her down. Wayman says during an argument she grabbed him by the testicles, which made him “reactively spit,” and he then set her down on the ground before fleeing. A week later, Bird gave the Saratoga Springs Police Department photographs downloaded from her cell that showed a bruise on her leg and marks on her arm, with handwritten dates on them.

On August 20, 2008, Commissioner Thomas Patton in 4th District Court denied Bird’s petition for a protective order. But that would not be the end of Wayman’s legal entanglements. He learned from Bird that SSPD was going to file charges against him. Wayman spoke to SSPD Detective Bruce Champagne, who, unbeknownst to Wayman, was a former neighbor of his, living just a few doors down from the home Wayman had moved out of when he separated from Bird, and also socialized with Wayman’s mother every Sunday in the local ward house. Champagne, a former West Valley City Police officer, was both lead detective on the case and also case manager through Wayman’s trials. He would later testify to Stoney and several 4th District court juries that he felt Wayman was trying to influence his decision over filing charges by informing him of his status in the town. Wayman says he simply wanted Champagne to do his job and investigate his side of the story, something he believes the officer never did.

Becky Pirente is also a neighbor of Champagne’s and a friend of Wayman’s who helped mediate between him and Bird. In a signed statement regarding a summer 2009 conversation Pirente had with Champagne, Pirente claimed Champagne wanted Wayman “to accept the charges filed against him and warned that ‘they’ had more to charge him with if he were to persist” resisting the charges. Anything Wayman did to fight the charges would mean that the judicial system “would come back at Craig ten times harder.” Champagne told Pirente he believed Wayman was an abuser. Regardless of any extenuating circumstances, Champagne told his neighbor, “As the man of the house, Craig should have been able to control the situation.” Champagne told Pirente that Wayman was, “the most corrupt, dishonest and manipulative individual he had ever encountered.”

Wayman was charged with two class B misdemeanors, assault and domestic violence but missed his court date for trial before Stoney. When he went down to city hall—at Champagne’s suggestion, he says—to resolve the problem the following day, he was arrested and released on $10,000 bail.

SLAP FOR SLAP

When he takes the bench in Saratoga Springs every other Friday, justice court Judge Stoney has been known to say, “In my real life, I am a judge in West Valley City.” Stoney shares the bench with Judge Brendan McCullough. Kent Hart, executive director of the Utah Association of Criminal Defense Lawyers, finds the contrast between the two judges instructive. “Although both are former prosecutors, Judge McCullough is more fair-minded and reasonable,” Hart says. “He is able to put himself in the defendant’s and defense attorney’s shoes and impose fair and effective sentences. Judge Stoney’s demeanor and decisions are more visceral and harsh, which reflects his punitive view of the world even when reason and cost-effectiveness suggest more compassion and deliberation.”

On Jan. 1, 2008, Saratoga Springs Justice Court opened its doors. Lindsay Jarvis, who had prosecuted cases before Stoney in West Valley City for a year, was its prosecutor. Saratoga residents, Stoney says, “with few exceptions, are very polite and willing to accept responsibility for their mistakes, pay their fines and get on with life.”

Wayman hadn’t done himself any favors with Stoney when, on Oct. 15, 2008, he requested a continuance and contrasted “the judge’s history and this case.” Wayman was alluding to the fact that in 1995, Stoney’s own ex-wife had made domestic-violence allegations at Stoney shortly after he was made a pro-tem 3rd District Court judge. Stoney resigned his appointment and returned to his position as a West Valley City prosecutor.

Stoney says Wayman’s past comments “had nothing to do with my decision-making process in his case.”

On Nov. 21, 2008, Wayman appeared pro se before Judge Stoney. Bird’s allegations had expanded from the original police report to include being verbally abused and kicked while on the ground by Wayman.

When his first wife, Monica, testified about Wayman’s character, Jarvis asked her if Wayman had abused her. She recalled an incident when they were 18 when Craig Wayman slapped her. Stoney, in his judicial order, characterized the slap as abuse. Monica Wayman, however, says, “If it came across that way to Judge Stoney, that was totally not the case.” She described the incident as “not an anger moment,” but rather about trust. “In 30 years, he’s never once shown aggression. I trust him with my life and my kids,” she says now.

Stoney found Craig Wayman guilty of the abuse charges against his third wife, Melinda Bird. Wayman requested he be sentenced immediately, but the judge sent him to jail with no bail pending sentencing on Jan. 9, 2009, leaving him no opportunity to get his affairs in order. This was because Wayman had failed to comply with a Oct. 24, 2008, protective order for, among several other violations, sending Bird a text calling her “a two-bit whore” in the early hours of the morning after he drove by their former home and saw a car in the driveway. Wayman says while the text was ill advised, it occurred on Oct. 11, when there was no protective order in place.

“The most disturbing thing was I had no idea when I was getting out,” Wayman says. “I’d get my hopes up, then be rejected.” His mind constantly processed the events. “I’d wake up at night and think of the insanity of it.”

Becky Pirente attended one of Wayman’s Saratoga Springs court hearings where Wayman was brought in an orange jumpsuit, handcuffed and manacled. Stoney, she says, “behaved in a quite unprofessional fashion.” Stoney was upset about Wayman investigating the judge’s past online, notably allegations of domestic violence. Pirente says Stoney took it very personally. “He seemed outraged anyone would question his standing. He went on quite a while, berating Craig as a defendant, while defending his record as a judge.”

Wayman’s attorney, Larry Larsen, filed several unsuccessful motions attempting to get him out. Stoney declined to release him, however, and eventually sentenced Wayman to 60 days in jail. Wayman was also charged, while in jail, with one felony count of stalking, which included the supposed text violation. The stalking charge was heard by a jury in Judge Samuel McVey’s 4th District courtroom on June 2, 2009, where he was found guilty.

When Wayman stood to be sentenced, he couldn’t contain his anger and frustration. “I get you want to hear me be apologetic,” he told McVey, but “I’m sorry, I can’t do that. These charges are so drummed up and so fabricated.” Wayman noted that Bird had made similar allegations against previous husbands. After Wayman’s outburst, McVey told him he was tripling the sentence, and he was going to give him to 60 days in jail and three years probation.

Eight days before he was to be released, Wayman was in court again, for a review of his appeal of his domestic-violence convictions. Before a judge unfamiliar with the case, Saratoga Prosecutor Jarvis brought up new, startling allegations. Wayman, she told the judge, “is attempting to hire someone to kill Detective Champagne,” she said, “and actually made threats against me,” noting the source was an unnamed former Wayman employee. Utah County, she added, “is currently investigating that as we speak.” This may have come as a surprise to Utah County. Both Wayman and his current attorney, Greg Stewart, separately inquired at Utah County about the investigation. Stewart says, “The prosecutors’ clerks and the investigator’s office had no record of any [such] investigation.”

Nevertheless, with such dark rumblings in the background, the judge found “there’s a very definite pattern here of [Wayman] being an aggressor, and the same victim being subjected to this time and time again,” he said. He ordered a $50,000 cash-only bail, put both Champagne and Jarvis on the protective order, and ordered Wayman to stay out of Saratoga Springs, until Wayman’s lawyer pointed out he lived there. The high bail meant Wayman says he spent another 38 days behind bars, over and above the 60 days he received from McVey.

BLACK AND WHITE

On Feb. 10, 2011, Saratoga Prosecutor Jarvis stood before a three-man and three-woman jury and Judge Thomas Low in American Fork 4th District Court and told them Craig Wayman was a man who “believes he is entitled, who thinks he is above the law, who bullies his way through things.”

The charges stemmed from allegations predating Feb. 2009, some of which had already been used by Saratoga in previous trials. “It seems like [they’re] just piling on charges,” attorney Stewart says. It might be argued, he says, that the more Wayman fought Saratoga Springs, “the more trouble he incurred.”

Jarvis explained the trial revolved around incidents between November 2008 and February 2009 where Wayman had ignored three protective orders while dropping off or picking up the boys he had with Bird at their former home. Two of the incidents involved pieces of papers the city claimed were “subliminal threats” against Bird. She found them in the diaper bag the estranged couple exchanged, along with the crayons, diapers and other material that went back and forth.

Bird was the state’s first witness. She told the jury she had relinquished parental rights over her and Wayman’s children several weeks before the trial. The children had already been living with Wayman for almost nine months by that point, he says. Wayman was a good father, Bird said, and giving up her kids “was the only way I see of getting [him] out of my life.” She accused him of having “a whole network of people” who had been surreptitiously harassing her by “sabotaging” her car, or driving by her house in a diesel truck, the same type of vehicle as Wayman once owned. No evidence was offered to substantiate her claims.

As the trial went on, it only got stranger. Jarvis showed the jury three scribbled pencil drawings. “I believe they are a form of communication,” Champagne told the court.

Wayman likes to spend time doodling with his boys, he says. One drawing was the children’s, he told the court, and one was partly his, since it featured his rendering of a bi-plane with German swastika marks on the wings that he had once owned. In court documents, Bird suggested “the Nazi plane” was bombing a girl, which she stated as “threatening to me.” She also told Champagne, Wayman has “cloaked” a message to her in her children’s drawings. “It is a pattern, it is concerning to me … bottom line is, it scared me.”

The third drawing was Wayman’s own creation—a man sitting in front of a computer with a cartoon bubble of dollar signs above his head. In detailed pages of description and analysis of the drawings, Detective Champagne linked the dollar signs with threats Wayman had made to sue the city and Champagne, among others. Jarvis brought up again to a new jury that Wayman had allegedly threatened to kill Champagne, according to an unnamed source.

When Wayman took the stand, Jarvis remarked excitedly, “Game on,” when she got to cross-examine him. Along with pursuing the violations, she also attacked Wayman for his pursuit of the city and her office and attempted to cast him as a terrorist by raising an e-mail Wayman had written to Saratoga’s city manager, in which he sarcastically noted that while trying to understand why the city refused to answer his concerns, he had been told that Hitler “had good intentions, too.” The judge had her move on.

Jarvis spent part of her closing reviewing Wayman’s battles with the city. “We as city employees have heard all these threats [to sue], he threatened Detective Champagne, me, the city.”

In Stewart’s closing, he pointed out that Wayman wasn’t charged until months after the violations and that he was trying to effectuate custody exchanges both sides had agreed to. It was clear, he noted, that in the officers’ minds, “there was some doubt,” as to whether Wayman had violated the orders or not, since he had not been arrested the first three times.

The jury found Wayman not guilty. Several jurors, Stewart recalls, “felt the case didn’t add up. That it seemed like minor violations and they felt they didn’t have the full story.”

FIGHT TO THE END

Wayman and Edward Peltekian plan to file a federal class-action lawsuit against the city—if they can find 30 other people who have similar claims to their own to file. Wayman says he wants Stoney gone, along with Jarvis and Champagne. “Unseating a judge is like unseating a king, frankly,” he says.

Judge Stoney questions the honesty of the controversy that has sprung up around him. “I can make mistakes, say something that I shouldn’t,” he admits. “But that didn’t happen with these folks. They were each given more than ample opportunity to ensure their rights were protected and their cases were fairly tried.”

Jarvis doesn’t seem to be going anywhere, either, given that Saratoga recently appointed her city attorney as well as prosecutor. She is also not finished with Elaine Damron-Peltekian, the mother who was jailed for recording a justice court proceeding and is appealing her sentence. Jarvis plans to fight both the appeal, in part, on constitutional grounds, and also Ryan Peltekian’s successful appeal of his misdemeanor guilty pleas. In addition, she plans to challenge the decision on Wayman’s recent court triumph.

Legislative initiatives are attempting to resolve some of the issues that Wayman and other Saratoga Springs residents have raised about defendants’ rights in justice courts. Along with Rep. Ken Sumsion’s House Bill 74, which seeks to give smaller municipalities a direct vote on their judges, two bills, HB494 and SB318, are seeking to put audio recorders into justice courts.

In the meantime, Wayman’s battles with Saratoga Springs and his ex-wife have left him “financially devastated,” and at 51 years old, he now finds himself having to raise 4- and 5-year-old boys with no secure financial future. But he takes heart from his recent victory. Saratoga Springs may have started this fight, but he is determined to finish it. “I’m going to win this battle,” he says. “Damn right I am.”

The villagers are restless in Saratoga Springs and are rallying against their Justice Court Judge Friday.

Judge Keith Stoney was featured in a story last week for sentencing a woman in court to jail for 24 hours for allegedly recording in the court room. Stoney’s rationale was that the court strictly forbid recording, even though the sign outside the courtroom only said “no cell phones” and offered no warnings about recording.

The woman, Elaine Damron, is the mother of Ryan Peltekian who was in court over a loose-dog charge and whose father, Edward Peltekian, has alleged that Stoney and the city prosecutor Lindsay Jarvis have abused their power in trying to force a guilty plea out of the family. Now they’re organizing a rally outside the Saratoga Springs city hall as a kickoff to their “Vote NO on Stoney” campaign.

“Judge Stoney is not fit to be a judge and his court is largely unaccountable,” reads the press release citing Stoney’s “usurpations” as including “violations of constitutional rights, making good citizens into criminals, making false statements in court, abusing his power and having a vicious and evil demeanor.”

The rally is to be held tomorrow, Friday Sept. 10, 3-7 p.m. at the intersection of Redwood Road and Main Street in Saratoga Springs.

Consolidated Resorts Strikes Again: Club De Soleil Fraud: Chicago Title Fraud: Robert Paisola Reports

2011-02-28T23:18:00.000-07:00

As you know, we have been dealing with the Artie and Todd Spector Fraud Machine at Tahiti Village and The Consolidated Resorts Properties for over four years.

We battle this company day in and day out. One thing that we can not be is PAID OFF. We simply take our fight for you deadly serious.

I want you to read a letter from a client that we have that has been a victim of the Artie Spector Scam. We have audio that we will be posting, however at this time, we want YOU to see exactly how we are approached daily.

We are committed to help as many people as possible, but there is only so much time in a day. We are preparing for a Class Action Lawsuit against these people, and these are our results:

Dear Mr Paisola:

I want to thank you for you never ending work against Consolidated Resorts and their Chairman, Artie Spector. Our story is similar to the thousands of stories that you have posted, but these people Must Be Stopped.

Our Consolidated Resort Story …

My husband heard the advertisement for the free trip stay in Las Vegas and tour for Consolidated Resorts – Tahiti Village on the radio. He responded to the ad and made reservations. Consolidated Resorts made our accommodations at The Stratosphere.

In January 2009 we went to the presentation/ tour for Tahiti Village … which was actually not at Tahiti Village at all. We were simply on vacation. At the presentation, we were lead to believe, by our salesperson, Sean Collins, that Tahiti Village was the best thing that ever came to the strip … and we too could OWN a piece of the Famous Strip of Las Vegas.

We were told by Collins that our investment would only gain in value and that it would be worth upwards of triple the value within several years. He further stated that this was a golden opportunity and that it WOULD sell out quickly.

We were also told by Collins and his managers that this investment would allow us the opportunity to AMAZING travel deals and that we would NEVER pay full price for vacations again. They said that once you bought at Tahiti Village (a Consolidated Resort Property), that you could stay at any Consolidated Resort Property with just simply one phone call.

They said that we could borrow against our "Investment" which is not true.

They said that Tahiti Village would be your HOME resort, but you could stay and any of the resort that they owned. They stated that it would not be considered an exchange thru Interval Gold. It was just a benefit of owning a Consolidated Resort week.

The entire presentation was full of lot’s of bells and whistles … even a spinning wheel and balloons to pop.

(See Covert Video Court Evidence 3498.3)

They popped a balloon for us and WOW we won 6 Holiday Adventure Vacations … instead of the normal 2. ALL absolutely FREE … (wrong).

It all sounded great and then Sean Collins and his managers got out this pencil and paper and started talking cost. They priced the Tahiti Village week for a two bedroom at upwards of $25,000.00. We immediately said NO. That we were not interested, that it was too much and we could not afford it.

He continued on with how great of investment that it was and that we could even borrow money against our investment in the future. (Federal Fraud) He made us feel as if we were not intelligent, because we were not taking advantage of this awesome opportunity.

He continued drawing on a piece of paper and telling us how we could sell mini vacations to friends, (See exhibit c-32) (that we would get FREE) and by selling these vacations, we could pay for our week. We again said NO!

Our salesman then got up and went into a room … then came back to our table and said “I’ve got GREAT news for you.” I just talked to my manager and he said “that I can get in you the back door, for less than half.” He said that a week at Club de Soleil had become available and we could buy the every other year there.

He said that we would never even have to step onto the property of Club de Soleil … that all we had to do is call The Consolidated Resort reservation line and make our reservation for Tahiti Village. He said that this was “Our way into the CLUB!!!! and that we only had to pay $11990.00.

He said that this was a special deal and that he rarely saw one come available … but it was our lucky day and we now had a chance to own a part of Vegas!

My husband and I talked about it and said no again. We did not want to spend the money at this time. The salesman then filled our heads with 40 more minutes of how amazing this opportunity was and that we would be crazy to pass it up. I tried to leave many times and was not able to leave, I felt like a hostage. I asked him on several occasions about our desire to be on the Strip in Vegas and that we were also interested in the Hawaii property.

He assured us that one simple phone call would put us at any of The Consolidated Resorts.properties.

After 20 more minutes of the sells pitch and our minds full of hype … we were pushed and pushed into just saying yes to get out of there. He said we could cancel at any time and that was our plan.

Horns blew … streamers flew …. And we were told that after signing the paper work that we would go back to our hotel in style … a limo awaited us … because we now OWNED part of the Vegas Strip. .

Our total purchase prices was $12,000 plus $300.00 settlement charges

We put down $1600.00 on my credit card

They financed $11,000 at 16.90% interest

We put it on Auto Pay on my credit card because they said that if would waive a monthly fee

At signing we were told that we had to join Interval Gold (an exchange program)but this fee would be waived. Our card was charges $404.00 for something … I do not have an exact invoice this ????

We left in a limo …

We have been trying to resolve this matter for 2 years. Even though we knew that this was a scam, we were terrorized that our credit would be ruined and we would face "Foreclosure"

So,For 2 years we made every payment on our credit card ….

In January, I called the Consolidated Resort Reservation number that was in our package … it was disconnected. I went online and found another number (and some other interesting info that I will comment on later. Mr. Paisola has these tapes).

I called the number from online and never could talk to anyone. I then called a different number and went into a queue and was on hold for 30 minutes. I Then talked to the lady on the switchboard … she could not help me.

I Then I spoke to a girl name Megan and told her I wanted to make a reservation at Tahiti Resort.

She said, you own at Clue de Soleil and that I could not make a reservation at Tahiti Village unless I paid the regular room rate.

I told her what we bought and why and what we were told. She said “Oh, we changed that last year. You can no longer just call us to stay at any of our resorts.” She said, “You have to do something called Bank your week and try to exchange it with Interval Gold.”

I was furious and stated my frustration with Megan. She just said sorry, can’t help you! Staying at any of the Consolidated Resorts was THE ONLY reason that we bought, besides being compelled!!!!!

I then started researching Consolidated Resort and learned that they had gone bankrupt …. And that I was just one of many that had been scammed! I canceled the credit card, as you suggest so that the payments that were being stolen would be stopped.

Needless to say …. No one has been willing to help me, but they call daily wanting money.
That is why I am dealing with you. I could not believe the settlement agreement that I read on your site, You got money back when every other company was simply lying to us. (See Above)

I have paid The ASNY Company 6400.00 the following …. And have received NOTHING in return:

Thank you for taking our case to the American Public, and please guard the fraud deed information until court. We know that you are the only person in the Nation able to take this company on and put Arthur Spector in Jail. I Dare them to mess with my Credit.

There needs to be more people like you. and if anyone is reading this and has gone through a similar situation , there is only one answer... Robert Paisola

It will all come out in court.

Thank you for accepting us as a VIP Client.

OUR NOTE-
If you are dealing with this company, Tahiti Village, ASNY, or any of the Arthur Spector Companies, visit www.WesternCapitalVip.com Now and Read carefully and then call Western Capital At 1-877-517-9555
for results. Notice the Confidential Settlement Agreement Above states

http://www.zimbio.com/Robert+Paisola/articles/t0aTcc6mXBK/Tahiti+Village+Consolidated+Resorts+Confidential

Here is 25,000 but Do Not Tell Robert Paisola or Western Capital (from Randy Richards Attorney - Disbarred)

http://3.bp.blogspot.com/_jhSlOGUoB5k/TMch1JH5gAI/AAAAAAAAIIc/5v_BRoqcJ14/s1600/Settlement.jpg

Robert Paisola et al v CACH LLC and Attorney Melissa A Ferris - Florida - The Test of The Unifund Junk Buying Machine, Robert Paisola Reports

2011-02-14T17:43:00.000-07:00

Paisola v CACH LLC and Attorney Melissa A Ferris - Florida - The Test of The Bank of America, CACH LLC , Unifund Junk Buying Machine, Robert Paisola Reports (Seeking Class Action Status)

Tomorrow we are going to court on a case that has wide spread implications for the large Debt Buying Company CACH LLC which is related to our case with UNIFUND LLC. It is also related to the robo-signing issue with Bank of America as described below. For this story former employees of Bank of America were interviewed and the results are tragic.

The Instant Matter is a Case is based in Florida and we discussed it in detail Here on the National Wire Services

The issue is this:

What is required of a 3rd Party Debt Collector to VALIDATE the claim that they are collecting on. If they happen to be "Junk Debt Buyers" , as is CACH LLC and Unifund, and then they SELL THE PAPER to a collection agency such as CACH LLC, a company in Florida and Colorado.

What do they have to provide in order to ensure that the debt is legal, valid, and collectible?

In the instant matter of CACH LLC v SCOTT MITCHELL, the attorney for CACH, Melissa A. Ferris in Florida, under the direction of Account Manager Joe Roberts. filed an action against Mitchell stating that he had a balance due to CACH LLC (A Bank of America Account) that had been purchased, for over TWENTY THOUSAND DOLLARS. Mitchell knew Nothing about this obligation, and immediately started searching for assistance, when he found the CEO of Western Capital, Robert Paisola.

Paisola has been battling Unifund and companies such as CACH LLC for over four years on this very issue, however, now it is in Court.

As Counsel for the Debt Buyer, Melissa A Ferris, provided the Honorable Judge George C. Richards of the Twentieth Judicial Circuit Court in Charlotte County Florida the following information to validate the alleged debt:

a.Notice of Confidential Information within the Court Filing

b. Affidavit of Reasonable Attorneys Fees

c. Affidavit of Counsel of Record

d. Affidavit of Costs

e. Affidavit of Pre judgment Interest

f. UNSIGNED Cardholder Agreement

g. Charge off INTERNAL STATEMENT COMPUTER GENERATED BY BOA dated 12/2009

h. INTERNAL STATEMENTS GENERATED BY BANK OF AMERICA IN STATEMENT LOOKING FORM (Unsigned)

i. Business Records Affidavit with attached Assistant Secretary's Certificate

j. Affidavit of Claim (AKA Affidavit of Sale) UNSIGNED BY DEBTOR

k. Affidavit of Indebtedness and Certificate of Assignment (Unsigned by Debtor)

l. Motion for Summary Judgment

m. Proposed Summary Judgment

Now, notice that not one single document in the "Discovery Package" has/ had Defendants Signature on it, and CACH LLC, and Attorney Ferris state that the documents "Are not Available" ( See Wall Street Journal Analysis)

Basically what Ferris has done is provide the Court with a robo-signed "chain of custody" of an account... or so they think.

Since we issued our National Story and the surrounding voice mails on this case, we have been receiving many complaints against Unifund and CACH LLC about this very issue. We began to contact some of the best legal scholars in the nation, and first call was to the National Debt Buyers Association, but they wanted nothing to do with this story. "The Courts are Dealing with this matter" said a representative.

The issue of CAN I RECORD A TELEPHONE CALL has also been brought up:

As you know, we encourage all of our clients to record every call that you have with a debt collector, or their agents. This is the reason why:
Lets look at another case out of Florida (Video) This made national news!

The answer to this question is simple. Are you a one party state or a two party state. In this case we are calling from Salt Lake City Utah , so we check with our legal authorities at www.rcfp.org and under Utah law we find:

Utah

An individual legally can record or disclose the contents of any wire, oral or electronic communication to which he is a party, or when at least one participant has consented to the recording, unless the person has a criminal or tortuous purpose in making the recording. Utah Code Ann. § 77-23a-4. (This means that if you consent to the recording, you can do so! It DOES NOT REQUIRE BOTH PARTIES APPROVAL! If you are a member of the media, you are free to record for "investigative purposes"

The FTC has stated that "Recording of Calls with Debt Collectors protects the Consumers Ability to Prove that they have been damaged by a violation of State or Federal Collection Laws"

So, do your research, and if you are calling from a One Party State Like Utah... Game On!

Both debt collectors and consumer groups stated that the taping of collection calls is beneficial to consumers and to the debt collection system. According to the ACA, a survey of its membership shows that in 2007, more than 40% of its debt collector members recorded calls.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Utah Code Ann. § 77-23a-3.

Unlawful interception of communication, including disclosure of the contents of a communication with reason to know of the illegal origin, is a felony—except that when the communication consists of the radio portion of a cellular telephone call, it is a misdemeanor. Civil liability for unlawful interception can include the greater of actual damages, mandatory damages ranging from $50 to $1,000, depending on whether it is a first or subsequent offense, $100 per day of violation, or $10,000. Equitable or declarative relief is also available under the statute. Civil actions are governed by a two-year statute of limitations. Utah Code Ann. § 77-23a-11.

Installing a hidden camera or audio recorder to tape a person in a “private place” without consent is a misdemeanor. Utah Code Ann. § 76-9-402. A “private place” is a place where one may reasonably expect to be safe from intrusion or surveillance. Utah Code Ann. §76-9-401.

Now, the question is this: What does the creditor have to provide to "Validate the Debt"?
That question is being asked in Courts around the Country because of the sweeping financial changes under the Obama Plan. However recent law is on the Debtors Side:

What does a debt collector need to provide as debt validation?

Proof that the collection company owns the debt/or has been assigned the debt. (Bob is legally entitled to collect this particular debt from you.) This is basic contract law. It is very difficult to get a judgment without a direct contract between collection agency and the original creditor.

All certified account statements from the original creditor. If you really want to get sticky, you can pin them down on the amount of the debt by requiring complete payment history, starting with the original creditor. (How the heck did Bob calculate this debt?) In this instant matter with Mitchell, he is entitled to receive all data to support all charges from the alleged opening of said account (6/26/2004) Counsel did Not Provide this!

A copy of the original application and agreement with YOUR SIGNATURE SHOWING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THE CONTRACT.

There are many cases in Court Right Now, and some Local Courts have been forced to vacate tens of thousands of judgments, where there was no signature.

This is the result of Sen. Carl Levin, D-Mich., Chairman of the Permanent Subcommittee on Investigations push for debt collection reform.

Millions of Americans are being effected. Watch this story from KSL, here in Utah that describes "A Clogged Court System" that we have used to convince lawmakers that the system is under attack by debt collectors and vultures who label themselves as "Creditors Counsel" and "Debt Buyers" The game has changed and we are seeing more Federal Lawsuits filed daily on this issue.

If a Supposed Debtor can PROVE that the court or the courts "appoints" knew about the inability to grant judgments en masse without a debtors signature, then the consumer can sue the Court and the individuals who knew (Record Everything)

What fees/interest Bob has tacked on to this debt and how he determined these fees?) This, among other requirements were established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004 and many other cases outlined herein

Counsel Must Provide a Certified Copy of the original signed loan agreement or credit card application by and between the parties. (Affidavits No Longer Are Valid, ... think robo-signing)

From the Wall Street Journal...

Portfolio Recovery Associates Responds To Zombie Robo-Signer Controversy

by Don Petersen on January 6, 2011

Portfolio Recovery Associates wrote a letter to the editor of the Wall Street Journal replying to the Journal’s December 31, 2010, article concerning Portfolio Recovery Associates’ use of affidavits allegedly signed by Washington Mutual robo-signer Martha Kunkle 13 years after she died in 1995. Portfolio Recovery Associates also filed a Form 8-K with the Securities Exchange Commission which attached a copy of the letter to the editor.

Portfolio Recovery Associates asserts that it was a “victim” of the Providian – Washington Mutual record keeping process and “not a participant in it as the article implies.”

Portfolio Recovery Associates and possibly other debt buyers discovered the defects of the “Martha Kunkle” affidavits no later than the January 2008 deposition of the live (daughter) “Martha Kunkle”. Did any of the debt buyers who purchased credit card accounts attempt to exercise their right to return the accounts to Providian, Washington Mutual, Bank America or Chase?

Portfolio Recovery Associates also points out that it purchased more than 24 million delinquent, charged-off and bankruptcy accounts during the past 15 years. Portfolio Recovery Associates estimates that it files lawsuits in order to collect slightly more than 2 percent of their accounts.

Portfolio Recovery Associates acknowledges that it “became aware” of these “defective” Providian affidavits during January, 2008.

Portfolio Recovery Associates’ letter continues :

“After we became aware of these defective Providian affidavits in January 2008, we immediately implemented a program to stop forwarding these Providian affidavits and to direct the law firms who represent PRA in collection cases to discontinue using them.” ***

Portfolio Recovery Associates does not indicate whether it took any action to recall the “defective” affidavits or took any other actions to correct any problems created by its unwitting use of the “defective” Martha Kunkle affidavits.

Did Portfolio Recovery Associates notify any courts who accepted the “defective” affidavits; seek to vacate the judgments obtained through the use of the Martha Kunkle affidavits, or undertake similar actions to correct what some people may consider a defective or improperly obtained judgment.

Portfolio Recovery Associates explained that it had :

“no reason to believe that the Martha Kunkle, whose name appeared on Providian, Bank America and Washington Mutual affidavits is deceased, particularly in light of the fact that she was named as a defendant and an active participant in the litigation that resulted from the use of such affidavits. The article fails to mention disclose that the name of the living daughter is the same as the deceased mother. ***

[W]e do not view an isolated example of a third party law firm employee mistakenly including a Kunkle affidavit in a single Washington state collection lawsuit as being symptomatic of ‘corner-cutting’ or ‘sloppy and inaccurate documentation’.”

Portfolio Recovery Associates’ belief that its “affidavit process is as advanced as any in our industry” may well be correct but it avoids an important issue — Is the debt buying industry’s state of the art acceptable?

During a 2008 deposition, the “live” Martha Kunkle testified that numerous Providian employees signed the name “Martha Kunkle” to sworn affidavits.

Even assuming the Providian employees were signing the name “Martha Kunkle” intending for it to represent the signature of the “live” Martha Kunkle rather than the “dead” Martha Kunkle, the affidavits are still fraudulent.

Portfolio Recovery Associates’ assessment that “the ‘Zombie’ heading was sensational” is in correct in some respects. But it avoids an important question — what actions did Portfolio Recovery Associates take to ensure the authenticity of the Providian, Bank America and Washington Mutual affidavits before it distributed thousands of “defective” “Martha Kunkle” affidavits to lawyers so that courts throughout the United States would rely on them when entering judgments against credit card borrowers. Similarly, what actions did any of the other debt buyers take when they learned about the “defective” affidavits? The Court said "This is only the tip of the iceberg, we can see that millions of judgments will have to be vacated regardless of whether "Kunkle" signed the affidavit, as now the Courts are aware of the robo-signing that has been going on in the Providian, Bank America and Washington Mutual affidavits

The Wall Street Journal further reported that :

“In 2008, Judy Montoya, an employee at Portfolio Recovery Associates, testified in a debt-collection suit filed by the company that its ‘legal specialists’ sign as many as 200 affidavits in a day. The company’s spokeswoman said such employees sign an average of 100 affidavits a day and are guided by ‘a very rigorous set of policies and procedures’.”

In order to execute 200 affidavits per an eight hour day, an “Authorized Representative”, “Records Custodian” or “Legal Specialist” would have to sign an affidavit an average of every 2.4 minutes. Such limited time hardly seems adequate to review credit card account records, review (nonetheless complete) an affidavit, take an oath and execute the affidavit.

At least a couple of Providian employees are known to have signed the Martha Kunkle affidavits. It is possible that, prior to January 2008, Portfolio Recovery Associates or other debt buyers had at least some reason to question whether the Providian affidavits were what they purported to be.

Obvious questions arise. How many of the tens of thousands of affidavits evidencing Providian credit card accounts bore the signature of anyone other than “Martha Kunkle”? Why do many of the “Martha Kunkle” signatures contain obvious differences in the handwriting?

Perhaps other state attorney generals will join Minnesota and investigate the credit and debt collection industry’s extensive reliance on robo-signers to obtain default judgments against consumers in credit card collection lawsuits.

Congratulations America, You Won!

An Introduction to Your Expert Witness, Robert Paisola, to Testify before Elizabeth Warren's Congressional Committee "The Consumer Financial Protection Bureau" as a result of the Dodd-Frank Act

Data on Robert Paisola from Experts.Com: True Results : True Change

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DBA International Responds to Consumer Advocates' Call to Restrict Debt Buyers

February 3, 2011

DBA International, the voice of the debt buying industry, disagrees with Consumers Union and East Bay Community Law Center’s call for further restrictions to the debt buying industry. Over the past decade, selling bad debt has emerged as an important and effective way for financial institutions to recoup money from bad debts. The money from those sales is then invested back into the banking system in the form of loans and revolving credit for working class Americans.

Greater restrictions on selling debt would cause primary lenders to choke off credit and limit their lending to only the best qualified so they can avoid the bad debt risk. Those who will suffer are the very people these organizations are seeking to protect.

And while these organizations identify individual stories about people for whom the system did not work, they are the exception and not the rule. An overwhelming majority of Americans repay their debts on time, and most of those who are delinquent make arrangements to pay their lenders. The small remainder becomes the responsibility of the debt's owner and their collectors. When errors occur, existing laws protect consumers and give them recourse. We don't need to add more layers to an already complex system.

It is very easy to paint the little-known debt buying industry negatively. But the work that our members do on a daily basis is a vital part of the American credit economy. Limiting their practices could have tremendous unintended consequences.

Naturally companies such as Unifund and CACH LLC want nothing to do with this agency and highly prefer to be governed by the FTC. However that is not going to happen.

How does this apply to debt collectors? In cases such as the one that we are working on in Florida, the transfer of the portfolio of Bank of America Accounts to CACH LLC and then to Attorney Melissa A Ferris is essentially illegal, unless the ORIGINAL CREDITOR, Bank of America, Provides the chain of custody AND a fully signed application with the debtors signature indicating acceptance of the agreement. BOA says this is impossible to provide, therefore the claim by CACH LLC must be dismissed.

This puts Courts like the one that we are dealing with in Florida, presided over by The Honorable George C. Richards with limited options. He is now required to STOP THE DEBT COLLECTION AGENCY CHURN MACHINES that issue default judgments.

Back to Unifund:

Unifund CCR Partners Legal Defense

If you have a Providian, Bank of America, Citibank, or American Express credit card in default or if you are receiving debt collector letters or if you are you being sued by Unifund CCR Partners, you may have a defense to the lawsuit and/or a claim against them.

Unifund feasts on the famine of others. As banks and lenders dump their delinquent consumer debt, Unifund and others happily buy it in bulk for pennies on the dollar. According to Collections & Credit Risk magazine, Unifund boasts one of the nation's biggest inventories of shaky money.

From its start in Dayton, Ohio, in 1986, Unifund has quietly become an economic force. It has 45 employees; clients as big as Citibank and American Express; and dealings with banks, retailers and law firms all over the country. Rosenberg also has a project going with hip-hop mogul Russell Simmons of New York, involving the issuance of more than 100,000 debit cards to low-income people.

Contact Information:

Unifund Group Corp.

10625 Techwoods Circle

Cincinnati, Ohio 45242

website: http://www.unifund.com/

Cincinnati Enquirer Story on Unifund Partners:

With David Rosenberg as its majority owner, has clients as big as Citibank and American Express. Courtesy The Cincinnati Enquirer.

Bad debts very, very good for bill collector Unifund

When consumers can't pay, Blue Ash ( CACH LLC ) firm steps in

Unifund, with David Rosenberg as its majority owner, has clients as big as Citibank and American Express.
(Tony Jones photo)

BLUE ASH - America's appetite for borrowing money bloats U.S. consumer debt to a record high almost every month. As of September, the tab stood at $2 trillion and was spurting at an annual rate of 10 percent. Through good times and bad, spending tomorrow's dollars today never goes out of fashion.

But all that borrowing produces a lot of financial heartburn. Every year, banks, retailers and other consumer lenders write off more than $70 billion in uncollectible debt, mostly hopelessly overdue credit-card balances. From there, the debts are bundled for auction and scarfed up by companies that pay next to nothing for the opportunity to take one more shot at collecting from deadbeat debtors.

It is through that process that about $9 billion in secondhand debt has landed in Greater Cincinnati, ending up at a Blue Ash company called Unifund and its 38-year-old majority owner, David Rosenberg.

Unifund feasts on the famine of others. As banks and lenders dump their delinquent consumer debt, Unifund and others happily buy it in bulk for pennies on the dollar. According to Collections & Credit Risk magazine, Unifund boasts one of the nation's biggest inventories of shaky money.

From its start in Dayton, Ohio, in 1986, Unifund has quietly become an economic force. It has 45 employees; clients as big as Citibank and American Express; and dealings with banks, retailers and law firms all over the country. Rosenberg also has a project going with hip-hop mogul Russell Simmons of New York, involving the issuance of more than 100,000 debit cards to low-income people.

All this from someone who yawned his way through school and dropped out of Ohio State University after his freshman year. Rosenberg, born in Izmir, Turkey, moved to Dayton as a child after his father, a civil service engineer, was assigned to Wright-Patterson Air Force Base. At 10, he said, he began entertaining thoughts about owning a business. Four years later, he was selling Fuller brushes. At 15, he took a summer job with a collection agency.

It soon dawned on him that regular collection methods were largely a waste of time. He also learned debtors were subjected to the practices outlawed by the Fair Debt Collection Practices Act of 1978.

"You had collection agencies that were basically beating people up by phone to attempt to collect in a very short time frame," he said. "It really does take a lot longer for people to rework their situation and regenerate themselves. To call them in some accelerated, urgent 'I only have 60 to 90 days to take care of this with you or it's going to go on to the next process' isn't something that resolves anything for someone who owes money."

The young entrepreneur

In 1986, at the age of 20, Rosenberg gathered $20,000 in savings and formed Unifund in a one-room office in north Dayton.

The business started out by buying the bad checks of supermarkets and retailers, paying 75 to 80 cents for each dollar of face value. Unifund reaped 115 percent to 125 percent of the check amounts, a return made possible by charging people insufficient-funds fees, Rosenberg said.

Relieving themselves of bad checks, though, was only one reason retailers signed up with Unifund. Rosenberg developed software that helped to avoid bad-check passers. Before long, Unifund was dealing with national chains, including Kroger. Its system is now used by more than 30,000 stores.

Meanwhile, buying bad debt was becoming big business. The Federal Deposit Insurance Corp., inheriting the bad loans of failed banks during the 1980s, began selling them in batches for pennies on the dollar. Unifund joined the action. It made its first big buys in 1990: a series of bad debt portfolios from Manufacturers Hanover Trust with face values of up to $50 million apiece.

Ironically, even as his business grew, Rosenberg found himself on the receiving end of liens and delinquency notices. Over the past decade, Rosenberg's name has appeared on Ohio income tax liens, an overdue notice for Vermont real estate tax and a lawsuit for an unpaid auto loan. Rosenberg made good on the debts. He declined to talk about them for this article

The price of credit

As Americans gorge themselves on easy credit, defaults are swelling. As of September, total U.S. consumer indebtedness, excluding home loans, stood just shy of $2 trillion, compared with $1.3 trillion in 1998, the Federal Reserve says.

U.S. households carried an average of $8,940 in credit-card debt in 2002, up from $6,618 in 1998, market research firm CardWeb.comsays.

Banks keep issuing credit cards because income from the interest - now averaging about 13 percent - more than offsets any write-offs. But buying the write-offs can be profitable, too, said Dennis Hammond, executive director of the Debt Buyers Association in Santa Fe Springs, Calif.

"The target," he said, "is to double your investment in three years."

Rosenberg said Unifund generally pays 4 cents to 10 cents per dollar of face value and recovers an average of about 20 cents, or a gross profit of 150 to 200 percent.

Strong-arm tactics are not part of the operating plan, he says. Collection agencies often harass by phone, threatening to garnish their wages or confiscate their homes. Such practices are illegal. Several lawsuits accuse Unifund of having an unsavory side, but Rosenberg says that pales alongside what other companies do.

"We're not in the embarrassment business," he said, not at all red-faced about the Phat Farm street sneakers he mixes in with his snappy executive garb.

Instead of rotely going after debtors, Rosenberg says, Unifund gathers information about people from public and proprietary databases, then classifies them by their ability to pay. It steers some people into credit counseling or refinancing, others into court.

"Anybody else would call those people and say, 'You've got to pay!'" he said. "I think it's important to understand what people's situations are first. Today's debtors are different. You have people who are intermittently running into problems as they change jobs, careers and have families. It's an unintentional circumstance."

After sifting its newly acquired accounts, Unifund keeps most, but sells others. Of those it retains, Unifund decrees who can pay, who can't and, above all, who should. When it decides someone can - and should - pay, Unifund assigns collecting to agencies and law firms.

"We don't do business with people who claim to be rough-tough collectors because it's not our philosophy that that's what produces payment," Rosenberg said. "We're not of the opinion that calling somebody and yelling at them and making them afraid of what might happen next is the best way to get paid."

An industry in controversy

Bud Hibbs, a nationally known consumer advocate in Fort Worth, Texas, disputes that claim.

"Excuse me while I throw up," he said. "Nothing could be further from the truth. I've heard those claims a million times over 20 years."

Hibbs, author of The American Credit System: Guilty! Until Proven Innocent, said he receives many inquiries about Unifund's collection methods. He reports on debt collection companies on his Web site.

Perhaps the harshest claims against U

nifund are allegations that it fiddles with people's credit reports.

To help people put their credit problems behind them, the federal Fair Credit Reporting Act requires debt to be expunged from credit histories seven years after their delinquency, barring new activity on the account. But class-action lawsuits filed in Texas and Chicago claimed Unifund is chasing outdated debts.

In the pending Texas case, two plaintiffs say Unifund bought their credit-card debt, freshened up the delinquency dates by a year and provided them to Experian Information Solutions, one of the nation's three big credit-rating firms.

Russell Van Beustring, a Houston lawyer representing the Texas plaintiffs, said the subsequent blemish on people's credit ratings lowers their creditworthiness and makes them more vulnerable to abusive collection tactics. In his lawsuit, which also names Experian and The Credit Store, he said the companies "defraud and scam American consumers out of hundreds of millions of dollars." Their actions, the suit states, amount to racketeering.

"The major reason why the Fair Credit Reporting Act was amended was that these companies were rolling back the odometers left and right on the dates of last activity, and consumers were getting screwed," Van Beustring said.

The Chicago case accused Unifund of telling Experian that Richard and Lida Munson's credit-card default dates were up to six years later than they actually were. They settled for an undisclosed amount in 2002.

Unifund says the date-changing allegations have no merit. Rosenberg declined to talk about the lawsuits beyond saying that they are off-base.

Reincarnating old debts on credit reports is a practice familiar to the agency that regulates collection agencies, the Federal Trade Commission. The FTC has fined companies twice in three years for such tampering with consumers' credit. It accused one of those companies, D.C. Credit Services of Canoga Park, Calif., of harassing people with obscene language.

D.C. Credit settled by paying a $300,000 fine and correcting seven years' worth of false information supplied to credit bureaus.

Thomas Kane, a lawyer in the FTC's Division of Financial Practices, said he was unaware of the allegations against Unifund.

"We are not shocked to hear that other debt buyers are doing it," Kane said. "It is a powerful collection tool, if you can get away with changing the date on a person's credit report. But it's illegal."

The FTC said it has received 203 complaints against Unifund - a number that it says is low for bill collectors. It has taken no enforcement actions against Unifund.

No credit to secured credit

Hip-hop impresario Russell Simmons jumps at the chance to vouch for Rosenberg's integrity.

Simmons, one of America's most successful African-American entrepreneurs, was the subject of Business Week's Oct. 27 cover story, "The CEO of Hip-Hop." His company, Rush Communications, was Black Enterprise magazine's Company of the Year in 2002. He founded, then sold, Def Jam Records - the label for hip-hop musicians Run-DMC, LL Cool J and Public Enemy. He now focuses mainly on expanding his Phat Farm apparel line - the maker of Rosenberg's sneakers - but Simmons found the time to create Def Poetry Jam, a Broadway production that won a Tony award in June. Rosenberg shared the award as an executive producer.

Simmons and Rosenberg own homes in the Hamptons. They spend vacations together in St. Bart's. In his Tony acceptance speech, Simmons thanked Rosenberg for being one of the few financial backers of Def Poetry Jam.

"He's one of my dearest friends. We're just alike," Simmons said from his office in Manhattan's Fashion District. "He and my wife are the only two outside of myself who would put money in my play."

Rosenberg and Simmons were introduced two years ago. That led to the debut of the RushCard in March. For $19.95 a year, takers are issued a debit card that draws from cash balances kept by M&T Bank of Buffalo, N.Y. It lets people who can't afford traditional banking buy things by phone and by the Internet.

"I told (Rosenberg) that my job had to do with empowerment and that the more you give, the more you get," Simmons said. "It evolved into a company that could really build on giving opportunities."

Rosenberg, who puts in 12- to 18-hour workdays and travels frequently, throttles into high gear when asked why society needs the RushCard.

"There are cases where the people who are frequent, consistent payers, but who don't show up as being qualified borrowers, are really being taken advantage of," Rosenberg said.

"So they really should be boosted up into another kind of maybe nonprime (credit) category. ... That doesn't really happen. People kinda get stuck in that place and then you get that kind of service and you're branded to an extent as being that kind of customer and you get reoffered that type of nonadvantageous solution again, and it takes a very, very long time to make it back into what you and I would call a bankable scenario."

With a $9 billion chest of bad debt, a beehive of a business and a Tony on his credenza, these are heady days for Rosenberg.

Consumer credit keeps getting easier, and Rosenberg sees nothing but growth ahead.

He won't oblige requests for an income statement, but his recent purchase of a Challenger 604 intercontinental jet seems to indicate that he has the nation at his feet.

Before long, Unifund could become a familiar name in town.

"I think," Rosenberg said, "it will become 10 times the size it is.

America, listen closely, Just because a Unifund CCR Partners or a company, sues you , or you are sued by one of its debt collection companies like CACH LLC, does not mean that they are automatically entitled to a judgment. They still have to prove their case, and you can have a trial, even a jury trial. The key is to answer their letters and threats and/or lawsuit in a timely manner. If you answer in time you can successfully defend your case. You may win money damages, and have a judgment in your favor entered stating that you owe nothing. THEY MUST PROVE WITH DOCUMENTS THAT SHOW YOUR SIGNATURE THAT YOU AGREED TO, APPLIED, AND CREATED THE DEBT IF THEY CAN NOT DO THIS THE COURT MUST DISMISS THE LAWSUIT IMMEDIATELY UNDER FEDERAL LAW.

Liability:

A lawsuit can be brought against CACH or Unifund CCR Partners for willful and intentional fraud and racketeering which will be prosecuted for at least treble damages for commercial injury pursuant to racketeering under Title 18, Chapter 96 of the U. S. Code.

Additionally CACH does NOT have any evidence and/or testimony from ANYONE with personal, first-hand knowledge and sworn to under penalty of perjury as REQUIRED by the Federal Rules of Evidence 602 and 603.

As has been clearly and thoroughly evidenced in case after case, the alleged Claimant’s alleged legal representative, Unifund or its like, continues to fail to file a PROPER and LEGAL “claim” UNDER ANY LAW.

What does the FDCPA’s requirement of “meaningful review” mean anyway? The court stated that “merely being told by a client that a debt is overdue is not enough.” Clearly, a lawyer must do something other than rely upon a client’s word. Some amount of research and review of the individual account must take place. Implicit in this case was the court’s

Case Law:

United States District Courts and Supreme Court Rulings in Mile High Industries v. Cohen, Rhode Island v. Massachusetts, Szetela v. Discover Bank, Toppings v. Meritech Mortgage Services, Inc., Doctor’s Associates, Inc. v. Casarotto, Vermont v. New Hampshire, Casteel vs. Clear Channel Broad., Inc., Fleetwood Enterprises, Inc. vs. Gaskamp, Stout vs. Byrider, Myers vs. MBNA America and North American Capitol Corporation, Georgia v. South Carolina, Hale vs. Henkel, Erie Railroad Company v. Tompkins, Trinsey v. Pagliaro and Adickes v. Kress & Co.

What can you do about it?

That is where we come in. You need to immediately contact Western Capital at 1-877-517-9555 and will assist you. As you can see, we are at the edge of this situation. More information may be obtained at www.WesternCapitalVip.com Since our first news release on this issue, we have heard from many people around the nation who are seeking assistance. We can and will assist you, It will be the best 1,000 that you ever spent. We take our job very seriously, and our results prove it. Just Look at the cases annotated above.

Mr. Paisola, What are my Rights as a Debtor. or Alleged Debtor?

First of All, RECORD EVERYTHING... based on your local laws. We will need this for your defense and it will go a long way with the Court.

False Statements and Fraudulent Debt Collection Practices

A federal statute known as the Fair Debt Collection Practices Act (often called the "FDCPA") gives you specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the the debt or their intentions, or otherwise act in ways proscribed by the act (and their are many). False statements may include threats to:

Attach your wages when unlawful or not intended.

This includes threats to take more wages than is permitted by the federal limitation (wage attachment for a credit card debt, a non-student loan or for an obligation that is not support is generally illegal in many States, however, now that law has been expanded to rent and lease damages in some cases-you should check the statute to be sure);

Contact your employer about the debt;

Call you "everyday until the debt is paid;"

Sell the debt to another company for the purposes of continuing collection on a time-barred debt;

Contact neighbors about the debt;

Contact the Immigration and Naturalization Service about your alien status;

Threaten imprisonment or criminal punishment;

Report a financed vehicle as "stolen" because you missed one or more vehicle payments;

File or threaten to file criminal bad check charges on a post dated check that the collector solicited from you;

Immediate eviction (by an agent for a landlord); lockout, or seizure of personal property where such relief is limited by state law;

A disguised threat of suit e.g. A collector requested "settlement prior to possible legal action" where the collection agency had no authority to sue or to retain counsel was held by a Federal District Court in Connecticut to be deceptive and violative of the FDCPA.

Here's one you may not have anticipated: A threat implying that the collection agency has multiple employees or investigators working to collect the debt, where only one or two people work for the agency.

Threats to collect or sue for "collection costs," "attorney's fees," (see also below) interest not pre-agreed (with your signature for the Court) to in excess of that allowed by statute, "fines," or any other fee in excess of the actual amount due, unless the original agreement provides for the amount the collector threatens to collect. For instance, the collector cannot threaten to add attorney's fees or his fees where the agreement you signed does not specifically provide for them. Let's say you went to the dentist and just signed consent form and a medical history. You agreed to pay for all charges if your insurance did not. Nothing is mentioned about anything else. The collector cannot add any other fees or even and especially, his costs, late fees or other charges.

Threats adding "collection costs, attorney's fees" and similar additional charges have also been held to be deceptive and misleading, because they do not state exactly what debt is being sought.

Sue or bring any kind of legal action where the threat is not followed through (i.e. a scare tactic), or any number or other threats designed to demoralize, humiliate, degrade; embarrass or intimidate a debtor into payment.

Any threat where the collector says he is legal counsel or an attorney/lawyer when he is not;

The threat or attempt to mislead a debtor that a claim will be transferred to an attorney or separate department of a collector (e.g. "This will be transferred to our legal department for further action"). Letters misrepresenting that the account has been transferred to an attorney may include an attorney's letterhead with threats of legal action. Have you ever received a letter from a lawyer who purportedly collects for a major creditor? Has the lawyer been out-of-state? Has the lawyer threatened to sue if payment was not made?

Other Little-Known Tactics that are illegal:

It is unlawful under the FDCPA to threaten suit if no such action is intended. The attorney cannot sue you in a state that is not your home state, under the FDCPA. Therefore, the threat is an empty one. Empty threats are punishable under the FDCPA!

It is unlawful for such a letter to be sent unless the lawyer reviews the letter? Do you believe that when thousands of letters issued the lawyer reviews each one? Where the correspondence is not reviewed by counsel, the correspondence violates the FDCPA.

Look at the letters you receive from lawyers. Were they signed by hand? If not, perhaps they were not reviewed by a lawyer. You may have a case under the FDCPA.

The collector's threat to "make this go legal" or to "turn the matter over to the legal department" may violate the FDCPA where the collector has no legal department. Do you think that the collector may be a collection operation only? If so, perhaps they have no legal department, i.e., the legal aspect is handled outside of the company. In this scenario is another violation of the FDCPA.

It is also a violation to send a letter stating that the collector will "recommend litigation" or "advise the creditor to sue." Some of such correspondence has been found to violate the FDCPA because it, in essence purports to give legal advice to the creditor. The collector is not permitted to give legal advice, unless, of course, if the collector is an attorney himself.

The Least Sophisticated Consumer Standard:

Did you also know that it does not matter if you believed the threats or that a person of your intelligence would not have believed the threats (i.e. the collector threatens to have you arrested for not paying the creditor. You as an intelligent consumer believe the threat is ridiculous since the U.S. Constitution prohibits such actions). The FDCPA's standard is the "least sophisticated consumer standard." That is, would anyone believe the threat.

This would be enough to sustain the standard and your burden of proof if the court believes that the threat occurred.

Supporting Case Law

The concept of deception protects even the ignorant, unthinking and the credulous, least sophisticated consumer. See Jeter v. Credit Bureau, Inc., 760 F.2d 1168 (11th Cir. 1985)

It is also unlawful to sue a consumer in a jurisdiction that is not the jurisdiction where the consumer resides or the one in which the contract was made. Example: PA R&D Enterprises, Inc. and their sister corporation Judgment Busters, Inc. (pretty despicable sounding name, huh?) seems to be in the business of purchasing uncollectible judgments. In one case, PA R&D purchased a judgment for rent against a consumer in Delaware County, PA. PA R&D exported the judgment to Luzerne County, some 115 miles away from the consumer. PA R&D then added $1,000 to the judgment as "attorney's fees." There was a slight problem: Neither PA R&D nor its officer was an attorney. In effect, they gave themselves a pay raise, just like Congress! PA R&D decided the judgment should be higher than it was, so it just put it in the Luzerne County judgment! Wow, neat trick PA R&D! PA R&D also took the judgment to a remote location which also violated the FDCPA §1692i PA R&D and executed on the consumer's wages for the greater amount. The employer balked (luckily), but the matter became moot when the consumer left the employment of the employer. This case was recently filed as an adversary proceeding (a civil action) before the Bankruptcy Court for the Eastern District of Pennsylvania. The matter is pending and awaiting an Answer from the defendants, which include PA R&D, Judgment Busters and certain officers of the corporations. The complaint alleges violations of the FDCPA, Pennsylvania Fair Trade Practices Act, and common law fraud.

For the Fair Debt Collection Practices Act list of false statements, see: TITLE 15 § 1692e. False or misleading representations.

The courts have decided thousands of cases on the subject and it is impossible to list all prohibited types of threats. Suffice it to say that if it seems wrong, it is worth speaking to a consumer protection lawyer in your area.

We have seen may instances of this type of conduct and can help you recover money. There are literally dozens of ways in which a debt collector can break the law. Each time a collector breaks the law, you may be entitled to damages in an amount commensurate with the gravity of the violation (however, most courts limit the liquidated damages to one instance in each case-see your lawyer about this). Some collectors have gone so far as to threaten arrest, jail, or harm to loved ones, including informing friends and work associates of the debtor's financial embarrassment. Any threat to do something that is not allowed by law is grievous and actionable (you can bring suit).

The "Mini-Miranda Warning"

Each time a debt collector contacts you, he must give you what is known as a "Mini-Miranda Warning" This warning received that name because it is reminiscent of the warnings that police should give you if you are arrested, however, "Mini-Miranda Warnings" have nothing to do with criminal law. A "Mini-Miranda Warning must contain the following words (or words imparting this meaning):

"Hello, I am _________(name of collector). I am (or this office is) a debt collector representing____________(creditor). Information obtained during the course of this call will be used for the purpose of collecting the debt."

This NOW APPLIES TO LAW FIRMS! GET THE RECORDINGS AND EMAIL THEM TO US at classaction@mycollector.com

If the creditor has not been advising you as above, you may have a right to sue.

Letters you receive in the mail from collectors also must contain similar warnings such as:

"This is an attempt to collect a debt. Any information obtained will be used for that purpose. Unless within 30 days of your receipt of this notice, you notify us that you dispute the validity of this debt, it will be assumed to be correct. If you notify this office within thirty days that you dispute the validity of the debt, we will obtain verification of the debt or a copy of the judgment. If you request it within 30 days, we will provide you with the name and address of the original creditor (if different from the current creditor)."

If the letter does not state the above, or words similar or close to the above, you may also have a right of action. Furthermore, did you know that no bill collector or creditor has the right to contact any third person about your debt, except to get information solely to locate you? This means that if a bill collector or a creditor tells any except you that you owe them money, they too can be sued.

Debt Collector's Calls at Work

The FDCPA states:

“Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt"

Simply put, anyone can stop collectors from harassing them at work by putting the collector on notice that the employer of the consumer does not permit him or her to receive the calls.

Do you think your employer allows you to be harassed at work?

Is this why you are paid? Probably not! Tell the debt collector this and confirm it in a letter! Then make notes as to each time the collector violates this warning. Bring your notes to your attorney and have him use it against the collector in court.

Your Rights to Stop Harassment by the Debt Collectors

Insofar as collectors are concerned, there is no reason why:

You need to discuss anything with a collector if you know you cannot pay;

You have to answer a phone for a collector (this works with caller ID).

You have to speak with the collector if you do answer.

You have to answer any questions at all posed by the collector.

You have to say "good-bye" before you hang up.

You have to be truthful about your personal and financial affairs (you do not have to disclose private information about assets or income).

Important: There is no reason you need to acknowledge that you owe the money! This is very important if the debt is old. By acknowledging the debt, you may actually extend the time the creditor can sue on it.

All states have statutes of limitations on debt collecting. A few states are more than six years. Many are less.

You can extend this limitation by acknowledge the debt or even by making a partial payment!

In fact, you do not even need a lawyer to stop collectors from calling you (although one is very helpful)! All you need to do is to mail the creditor or collector a "cease communication" letter. This request can be made any time, but it must be made in writing. It is always preferable to send the request by certified mail and keep a copy. This copy will be proof of your request should you need to sue the creditor. Once the collector receives your letter, they can only contact you to inform you of any action it intends to take or to tell you that it is terminating its efforts to collect the debt. This letter is enough you legal stop further contact or dunning letters.

Validation of debts and Sample Validation Request Form

The FDCPA provides that debts that are pursued by a debt collector be validated and [15 USC 1692g]. Validation of the debt is every debtor's right. You don't need a reason. The fact that you request validation is quite enough to evoke to protection of the FDCPA. The Act provides that (paraphrasing, within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall (unless already provided in the initial contact), send the consumer a written notice containing -

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; and

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt is disputed, the debt collector will obtain verification of the debt.

This means that if you write a debt validation request, a sample of which is available upon request, all communications and enforcement must stop until the debt is validated. Yes, that means lawsuits also.

What happens if the collector refuses to validate the debt?

You should only be so lucky. If after a validation request under the FDCPA, the creditor refuses to cooperate, then the creditor may not legally collect the debt, as is in our case with Unifund and CACH LLC. If the collector does, then the law is violated and a suit for damages may be brought against the attorney.

Such a suit was brought in federal court in New Jersey against MRS Associates, debt collectors for a company going by the name of Lake Cook Partners. Lake Cook engages in, what is known in the business as, "bottom feeding." Bottom feeding is a term used to mean the acquisition of "dead" or written off debts. Lake Cook purchases the debts from credit card companies (and perhaps other companies) for pennies on the dollar. Lake Cook then uses MRS Associates to make a debtor's life a living hell.

What if the debt collector ignores the request and collects the debt anyway?

That happened with MRS Associates. MRS was requested to validate a debt alleged owed by a husband of a client who received a bankruptcy discharge. The husband claimed that his wife had applied for the card, not him. Not that it would matter anyway; the husband was entitled to validation under the law. If validation was not forthcoming, too bad for the collector. MRS believed that the burden was on the debtor since the card had been open for "21 years."

Note: MRS stated that the debtor had the account for 21 years, the fact that it "is highly improbable" that MRS would have been able to get a copy of a document that the debtor signed 20 years ago did not excuse MRS from obtaining what validation that they could get. In this case, MRS did not even attempt to get anything. Perhaps MRS did not want to be bothered to comply with federal law. I guess it's easier that way.

Outcome: The foregoing message was in large part the reason that MRS settled with the debtor for $4,500. Needless to say, the debt was never validated. The debtor would have been forced to pay over $10, 000. You can see a copy of the complaint here.

Defense of Mortgage Foreclosures: http://mortgage-home-loan-bank-fraud.com/legal/defense_of_ mortgage_foreclosure.htm

Stop third party debt collectors from collecting one penny!: http://www.educationcenter2000.com/debt_collectors/dealing_with_debt_collection.htm

Lake Cook (continued)

Not even two weeks after the $4,500 payment, the same client was contacted by Creditor's Interchange, Inc., ("CI") a debt collection outfit in Buffalo, NY. The collector calls this office and this is what transpires: A collection agent by the name of Richard Kerns who says he works for CI calls.

We answer the phone saying "law offices" as is called for by our business procedure.

Kerns asked for the debtor (name withheld for privacy).

I identified myself as "Mr. (debtor's) attorney.

Kerns says, "I did not know he had an attorney."

Kerns is assured by me that I represent the debtor for all purposes.

Kerns asks if I am an attorney.

I tell him that I am and ask for debt validation.

Kerns then demands payment from the client.

l say, "we are requesting validation of that debt."

Kerns states, "Validation? What validation? He owes a debt!"

Kerns then states, "Listen smart guy. You know what? I'm going to call your client!"

He does.

I learn that Kerns is collecting the same debt that MRS was trying to collect. As a matter of fact, the same creditor, Lake Cook, is now collecting under a different corporate name, Hilco Receivables.

Outcome: CI & Hilco settle the next case for $5,000 for one phone call. That is $9,500 in settlements paid to the same client on the same debt.

Damages Under the FDCPA

The FDCPA provides for a private right of action against violators. This means that you can get a lawyer and sue for damages. A partial list of damages that are awardable are:

Statutory damages up to $1,000 for each case. This means that the violator can be charged even though there are no other damages (see below).

Attorney's fees. You can make the violator pay for your lawyer. This is big advantage; lawyers are expensive!

Actual damages including:

Stress related injuries:
Heart attack, angina, chest constrictions;
Miscarriage;
Ulcers, diabetic flare-up;
Shock;
Loss of appetite;
Crying;
Nightmares; insomnia, night sweats;
Emotional paralysis;
Inability to think or function at work;
Headaches;
Shortness of breath;
Anxiety, nervousness; fear and worry;
Hypertension (elevation of blood pressure);
Stress to children;
Irritability;
Hysteria;
Embarrassment, humiliation;
Indignation and pain and suffering.

And this is just a partial list!

Monetary damages:

Payment of a debt barred by the statute of limitations;

Taking one's property unlawfully or intimidating a debtor to return property by violating the FDCPA, e.g. "If you do not return your DVD player to the store, we will bring criminal charges!"

Long distance telephone charges for phone calls to a collector who states that you must call him back.

Attorney's fees to defend a prior suit brought in violation of the FDCPA;

Damages for intentional infliction of emotional distress generally (see above).

Your attorney may use medical (psychiatric/psychological) testimony, but does not need to. Damages for emotional distress can be claimed even without medical support. This does not mean they will always be believed, of course. It is up to the judge or jury to decide if the plaintiff is telling the truth. Anyway, the plaintiff in the FDCPA lawsuit starts with a tremendous advantage.

Sample FDCPA Cases, Complaint Forms and Their Results

The law states that FDCPA cases can be brought in any court of competent jurisdiction. This means that you can bring actions against harassing collectors, and under some state laws, creditors as well, in small claims court even without an attorney. You do not need to use a small claims court; Federal District Courts are the natural "home" for this type of litigation. It is not recommended that you start an FDCPA lawsuit without an attorney because it takes some fluency in the act to know what to ask of the court.

Many magistrates or small claims court judges are unfamiliar with the act. If you want to go ahead despite this warning, you can see how a typical action was brought in a District Justice Court in Pennsylvania. "DJ" Courts are generally small claims in PA, having jurisdiction up to $8,000. This case was brought against a collector in New York for violations of the FDCPA's verification and cease communication provisions. A copy of the complaint can be inspected here in PDF (Adobe) format. The case settled for a gross sum of $975.00 which included counsel fees of an unspecified amount.

If you are in PA and need a similar (blank) form (this can be used in any type of civil action), go here. This page has filing instructions as well. Be careful though. Be aware that if the creditor has a claim against you on a debt, the creditor may counter sue you on that debt. This means that it may be better to bring this action as a counterclaim and not as an independent action if you owe more than the claim!

In most cases, it is better to bring the case in U.S. District Court. This office recently sued a national law firm in the District Court in Philadelphia. The name of the firm is withheld out of courtesy, since the case was settled within four days after suing; at least the firm had the integrity to admit the error and correct it. This firm is engaged in debt collection practices on a national scale. They are based in Long Island, NY and has offices in Philadelphia and elsewhere. Their website claims they have "national ability." In reality, this "national ability" previously led to a previous class action against this firm (not brought by this office) which settled for more than $453,000! (E.D. Pa. 2000). This firm, among other things, threatened have an agent of theirs come "come to [the plaintiff's] house" and inventory all of plaintiff's personal property for sale! Jeez! What power! What abuse! Of course, this made plaintiff's wife panic. It also did not sit to well with the plaintiff's nerves, either.

Case outcome: The defendant paid plaintiff $1,500, plus $2,000 in attorney's fees (the best part) and also paid off those nasty guys at Ford Motor Credit. Value of settlement all together? About $7,500 +/-. Not bad for a few phone calls and a letter.

Auto Repossession Notes:

WE SUE AUTO REPO COMPANIES! You can read about our "Put the Repo Man in Jail Campaign Here. This case was about an issue in Lehi, Utah where a Las Vegas Nevada Company, IGS NEVADA and Lehi Utah Company, Quality Towing.

Note #1 When a debt collector (actually this is a repo outfit) is attempting to repossess a vehicle.

The collector or creditor cannot, "issue a warrant to the sheriff for your arrest."

The collector cannot employ criminal process to collect a civil debt (owing money and refusing to pay it is not a crime.

The collector cannot threaten to do something he knows he cannot legally do (see above).

The collector cannot leave threats on an answering machine where others can hear it.

The collector may not imply that there is some legal duty that the debtor must call back (..."must hear from you"). There is no legal duty to return a collectors phone calls.

The collector may not threaten something he does not intend. The collector does not intend to "make this thing go legal," he only intend to scare the debtor into surrendering his car. The collector has probably not even consulted counsel; his job is to collect the vehicle only.

Again, the collector cannot threaten to harass the debtor every day ("I'm never going away..."). The collector intends that the debtor fear that the collector will come to his home every day (the collector says this, in so many words). "I will be at your door every evening...." You wouldn't put up with this nonsense even from a relative; why should you stand for it from a goon from a repo outfit? The last time I checked, people do not keep motor vehicles in their living rooms. There is no reason for this man to threaten that he will come to the debtor's door "every evening." The creditor / debt collector has no right to harass the debtor "every evening." Further, a threat to behave like this is itself a form of harassment and is actionable.

"You must call here...." As stated above, the creditor or collector may not infer that the debtor has a duty to call back.

"This is not a threat..." What is it then? This guy knows he is not supposed to be doing this.

Note #2 A Chase Bank collector threatened "fraud" because the debtor had been in bankruptcy, discharged the debt therein, and then had the unmitigated audacity to have been born in Portugal! *gasp!* The collector tried to get at the debtor by saying that she had left her mother "holding the bag." Of course, this was a lie. There was no intent to prosecute for a fraud because there was not debt.

Lawsuits under FDCPA allow for counsel fees, damages, and costs. Each FDCPA violation can net you up to $1,000 plus attorney's fees and actual damages. Repeated conduct will usually receive greater damages and is less likely to a succumb to a defense of "innocent mistake." You should be diligent in protecting your rights. The statute of limitations for bring most federal actions of this nature is only one year unless used as a defense to an action brought against you. Therefore, you should protect your rights before they become unenforceable.

Note #3 From Chase Bank. This woman sounds like she has the emotion of a collection terminator. "I'm tired of playing games with you (so I guess she is starting one of her own here). I'll call every neighbor on your block to make sure you're in the right place." Wow! How intimidating! How illegal. Collectors are allowed to obtain locator information. Once the collector knows where you are, which obviously Chase did, after all she was calling her phone, any further calls to neighbors are no longer locator information. They are just unlawful communications with third parties intending to humiliate and embarrass the debtor, which it did. Furthermore, this debtor had just received a discharge in bankruptcy! Not only are these tactics barred by state law, and the FDCPA, they were also barred by bankruptcy law. The caller then refers to "attorney fees, " which also is misleading and unlawful unless the actual amount if stated. The only help you will ever get from a debt collector, is that collector helping itself to your bank accounts or motor vehicle.

More on creditor/debt collector protection:

Certain states, such as Pennsylvania, may have laws protecting consumers from harassment even though the FDCPA may not be applicable. These laws may even expand (e.g. Pennsylvania) on the FDCPA, broadening its scope and applicability. To see if your state has such a law, you should consult with a local attorney of see if you can find the information by researching your State laws.

Because of all of the Financial Reform put in place by the Obama Administration, Senator Carl Levin has now established a Permanent Committee on Investigations at :

http://levin.senate.gov/senate/investigations/index.html

Levin made a strong statement to the Debt Collection Industry in this Memo:

Levin: GAO Report on Credit Card Debt Collection Problems Highlights Need for Consumer Financial Protection Agency



WASHINGTON - Sen. Carl Levin, D-Mich., Chairman of the Permanent Subcommittee on Investigations, today released a U.S. Government Accountability Office (GAO) report on credit card debt collection practices. The report describes the increasingly complex debt collection industry; indicates that the key federal law, the Fair Debt Collection Practices Act (FDCPA), is outdated and ineffective; and demonstrates that consumer protections against abusive debt collection practices need to be modernized and strengthened. The report, Credit Cards: Fair Debt Collection Practices Act Could Better Reflect the Evolving Debt Collection Marketplace and Use of Technology, [PDF] was requested in 2008 by Levin, then-Sen. Norm Coleman, R-Minn., former ranking minority member, and Sen. Claire McCaskill, D- Mo. Sen. Tom Coburn, R-Okla., current ranking minority member, joined in requesting the report this year. “With the economy in crisis and many people struggling to pay their bills, debt collectors have responded by becoming more aggressive,” said Levin. “The Federal Trade Commission receives more complaints about the debt collection industry than any other industry, logging in about 79,000 complaints on third-party debt collectors last year, which is almost 19 percent of all of the complaints it received. Ongoing abusive practices include trying to collect debt that isn’t owed or is beyond the statute of limitations, making harassing phone calls, threatening to make arrests that the debt collector has no authority to make, and collecting debt discharged in bankruptcy.” Levin continued, “The GAO report released today makes it clear that the 1977 Fair Debt Collection Practices Act hasn’t aged well and is poorly enforced. The law was written before the advent of email, cell phones, and even fax machines, and doesn’t address modern problems. GAO also found that, despite receiving thousands upon thousands of complaints, federal agencies took only 32 formal enforcement actions over the last decade related to abusive debt collection activities. Debt collection abuses are not getting the attention they should.” Levin said the report highlights the need for a Consumer Financial Protection Agency. “In today’s complex financial world, consumers need a federal regulator that is looking out for their interests, rather than the interests of the financial industry. As this GAO report shows, even well-intentioned laws like the Fair Debt Collection Practices Act can erode over time and offer less and less protection to consumers,” said Levin. “A Consumer Financial Protection Agency would have the authority to modernize consumer protections against unfair debt collection practices, monitor compliance, and take enforcement action to stop abusive debt collectors.” Findings of the GAO report include the following: Increase in Delinquent Debt. GAO presented evidence that credit card delinquency rates have spiked since 2007, with more than $23 billion in nonsecuritized debt 30 to 180 days late in 2008. According to Federal Reserve data, between 1991 and 2007, delinquency rates averaged about 4.4 percent, but rose to 6.6 percent in the first quarter of 2009. Credit Card Issuers Outsource Collection Activities and Sell Debt. GAO found that credit card issuers typically use their own personnel, in internal collection departments, to collect on credit card debt that is less than six months old, but often hire third-party collection agencies or law firms to collect on older debt. In addition, issuers sometimes sell portfolios of delinquent credit card debt to third party debt-buyers, trading potential long-term cash flows for the short-term proceeds of a sale. The Debt Collection and Debt Buying Industries are Large and Growing. GAO reported that, according to the U.S. Census Bureau, in 2006, more than 4,400 debt collection companies in the United States employed approximately 143,000 people. Many of these companies were very small—43 percent employed four or fewer people, while about three percent employed 500 or more. GAO also reported that the debt buying industry has grown, by one industry estimate, from $57 billion of purchased debt in 2003, to $100 billion in 2006. The Price of Debt has Declined. GAO presented evidence that the price of delinquent debt has declined significantly in recent years. According to one industry source, “Fresh” debt—debt that is 91 days to six months past due and never placed with a collection agency—sold for about 15 cents on the dollar in March 2007; in January 2009, it sold for about six cents on the dollar. “Tertiary” debt—debt that is more than two years past due or previously placed with two collection agencies—sold for about four cents on the dollar in March 2007; in January 2009, it sold for between one and two cents. Many Complaints, but Little Enforcement Action. GAO found that the Federal Trade Commission (FTC) receives more complaints about the debt collection industry than any other specific industry, and received 79,000 complaints in 2008 alone, representing about 19 percent of all consumer complaints it received on any topic. The Better Business Bureau reported receiving about 16,000 complaints on debt collection companies in 2008. GAO found that, in the last decade, federal agencies took only 32 formal enforcement actions related to abusive debt collection activities, including 24 enforcement actions by the FTC against debt collectors, at least 13 of which involved credit card debt; and three formal enforcement actions by the Federal Deposit Insurance Corporation against banks involved in collecting credit card debt. Abusive Practices. GAO found that of the enforcement actions that have occurred recently, the violations alleged have included threatening and harassing consumers to pay debts they did not owe or that were beyond that statute of limitations; threatening consumers with arrest, wage garnishment, or the seizure of property; communicating with third parties about consumer debts in ways prohibited by law; and collecting on debts that had been discharged in bankruptcy. Burden on State Courts. GAO noted that the FTC has reported that the majority of cases on many state court dockets on any given day are debt collection cases. GAO reported that a study by the Urban Justice Center estimated, for example, that in 2006, 320,000 debt collection cases were filed just in New York City’s Civil Court. That study also estimated that, in Chicago’s Cook County Circuit Court, more than 119,000 civil debt collection lawsuits were pending as of June 2008, and that municipal court judges in Ohio handle as many as 1,000 debt collection cases per week. GAO also cited a review by the Boston Globe which found that at least 60 percent of small claims cases filed in Massachusetts in 2005 were filed by debt collectors. GAO reported that consumer groups, attorneys, and the FTC all agree that the number of debt collection state court cases has increased in recent years and is putting a strain on state court systems. Outdated Federal Law. GAO found that the FDCPA has not kept up with new technologies and evolving debt collection practices. GAO noted that communication technologies that are common today—mobile telephones, email, caller identification, answering machines, and fax machines—were not prevalent when FDCPA was enacted in 1977. In addition, GAO noted that the FTC was not given rulemaking authority to implement the FDCPA, which meant the FTC could not address such basic issues as how debt collectors should verify that particular debts are still owed. GAO indicated that most stakeholders involved in the process of debt collection with whom GAO spoke—representing consumers, state and federal agencies, credit card issuers, debt collectors, and debt buyers—expressed support for updating the FDCPA. GAO explicitly recommended that Congress amend the law to do so. “The volume of complaints and general lack of enforcement show that abusive debt collection practices are a big and growing problem for many Americans,” Levin said. “GAO has identified some commonsense legislative steps that will update the FDCPA and benefit, not just consumers, but also honest debt collectors trying to follow the law. Congress should not only take up the task of updating the FDCPA, but also establish a new Consumer Financial Protection Agency and charge it with modernizing and enforcing consumer protections against unfair debt collection practices, among other responsibilities.” The Government Accountability Office is the investigative arm of Congress. The report, Credit Cards: Fair Debt Collection Practices Act Could Better Reflect the Evolving Debt Collection Marketplace and Use of Technology, [PDF] is available online today.

Now there is a place for victims to seek refuge, as Former Harvard Professor, Elizabeth Warren is in charge of the new "The Consumer Financial Protection Bureau"

WASHINGTON -- No tricks. Less fine print. Clearer agreements.

That's how banks should market products to consumers, says Elizabeth Warren, the Harvard law professor in charge of setting up a new federal agency that will police credit cards, mortgages and other financial services.

The Consumer Financial Protection Bureau was created as part of the sweeping overhaul of financial regulations last year known as the Dodd-Frank Act. Proponents said such an agency could have sounded an early warning for the abusive lending practices that precipitated the economic meltdown.

It's not clear when a permanent head will be named to lead the new agency. Warren, a vocal consumer advocate who first championed the creation of the agency, is a possibility but is regarded as a contentious choice. President Barack Obama did not need Senate confirmation when he named her in September as a special adviser to help oversee the agency's creation.

The bureau won't be able to exercise its rule-making powers until July 21. In the meantime, Warren has been making key appointments and meeting with banking executives and consumer groups to get the agency up and running.

In an interview with The Associated Press, Warren said one of the first goals will be to make the true cost of financial products easier to understand. She said that should eventually drive down prices for consumers.

Here is an excerpt:

You've said improving the disclosure of credit-card terms is going to be a top priority. How is the bureau going to change what's provided to consumers?

Think about how long a credit-card agreement has become -- it's become pages and pages and pages of largely incomprehensible fine print. In effect, it's paperwork that says, "Don't read me," and that's a real problem. Because hiding in that fine print can be anything.

So one of the things we want to push toward is trying to clear out that kind of shrubbery. So that if there are real changes that a company is proposing, they stand out. They're not camouflaged by all those other words.

And what's the timetable for when consumers can expect to see such changes?
I think people are starting to see somewhat clearer disclosures. For example, there are a couple of major credit-card issuers who -- following our early conversations last fall -- went back and voluntarily rewrote their own credit agreements and began to shrink them down. There have been others who've advertised their credit products along the lines of "no tricks," "less fine print," "clearer agreements."
This agency, even before it has its full legal authority, has driven a conversation and driven a direction for the industry. And it's toward a better-informed customer who can make apples-to-apples comparisons among products.

In terms of the required disclosures -- do you see new forms replacing the Schumer box, which is already intended to clearly lay out the APR, fees and other terms for a credit card?
We're having conversations with credit-card issuers right now and talking through what the Schumer box does and how it might be improved. You know, even the Schumer box has gone from smaller and skinnier to longer and more complicated. So I will readily admit it's an uphill walk to try to get there. But I think we're developing a path in working with the companies.

We won't have legal authority to do anything by way of rule-making authority until after July 21. But we've started now with the industry and with consumer groups and with other stakeholders, investors -- talking with them, showing them what we have in mind, asking for their input, asking for their data, asking for information.
More banks began to cut back on free checking last year in response to new regulations. Do you think further regulation by the bureau will drive up the price of banking?
If the consumer knows the price of a good, the risk associated with it, and can make apples-to-apples comparisons, that's what makes markets work for consumers.
They can figure out who's offering the most expensive product and who's offering the cheapest product. And I'm of the belief that over time, that's going to make financial products cheaper for consumers, not more expensive.

Online banking is top-of-mind right now. With so many new mobile and online banking options, is the bureau dedicating a team to ensure these options are safe?
We've organized the new consumer agency to be market facing. That means that we have divisions dealing with (1) revolving debt and credit cards, (2) mortgages and installment loans, like student loans (3) payments and deposits and (4) credit reporting and (5) debt collection.

We want to be a very data-driven agency around those five markets. Technology and innovation is hitting all of them. And so a big part of what we're doing is hiring people who are technology savvy and actually deeply interested in it.

Another area the bureau will be reviewing is services for people who don't have a bank account. How do you regulate services like payday loans and still ensure people have access to small loans?

Well you know, access to small-dollar loans is critical to many families. The notion that we somehow try to eliminate that, it's just not going to happen.

It can force people into unregulated markets, including "Jimmy the Leg Breaker," which is not where we want people to be.

So it is important from a regulatory standpoint that people are not at the mercy of lenders who build business models around fooling people. They're drawn in the front door thinking they're going to pay one price and then beat about the head and ears, financially speaking, so that they're paying much, much more.

On the other hand, there's a real problem. And that is how to get good, small-dollar lending started in areas where there's great need.

Sometimes that's going to be by community banks. Sometimes it's going to be by nonbank lenders and sometimes it's going to be innovations and new technology that's going to open up markets for the currently underserved population.
I anticipate a lot of change in this area.

As for our case with CACH LLC and SCOTT MITCHELL, We are very confident that The Honorable Judge George C. Richards of the Twentieth Judicial Circuit in Charolette County will immediately be dismissing this complaint filed by Attorney Melissa A. Ferris,

Why? In Court Documents Obtained by ABC News, an employee for Bank of America, Wendy Parnell stated:

"2. That the original contract in this matter has been destroyed, or is no longer accessible to Affiant and that this Affidavit is to be treated as THE ORIGINAL DOCUMENT for all purposes"

Congratulations Mr. Mitchell and America, Your Voice has been heard.
We will be following this case closely and will keep you updated.

Need Help? See www.WesternCapitalVIP.com and call 1-877-517-9555

About Your Author, Robert Paisola: From Wikipedia

Robert Paisola

, FDCPA Law and FCRA Law Debt Collection Agency Expert Witness, International Author, International Journalist and CEO of The Western Capital Group of Companies and The Robert Paisola Foundation International

Robert Paisola, (born December 3, 1967), is an American business Motivational Speaker, philanthropist, and the Chief Executive Officer of Western Capital. Robert Paisola is the founder of the Robert Paisola Foundation and serves as its Chairman. Paisola is a noted media analyst on the topics of the 2008 Recession, Foreclosure In America, and the business of Timeshare. Robert Paisola is an International Personality speaking around the world on the Principles of The Hit Movie "THE SECRET"

Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations including Western Capital and The Success Training Network, and now, Western Capital Multimedia, the parent company of Rene Magazine located at www.ReneMagazine.net , Robert trains sales and marketing professionals who want to strive to get to the top...and stay there.

He is a Nationally Recognized Criminal Rights Activist and is very involved with assisting inmates and their families who have been abused by the justice system. See www.PrisonPartners.com and www.westerncapitalfoundation.com

His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in sales, motivational speaking and debt collection training, thus revealing the common business habits of the top 20% of sales performers in all organizations.

While in Mexico, he uncovered a large time share "fractional sales" scam at the Playa Del Sol Grand Hotel. His report is located at:

http://www.mycollector.com/news_playadelsolscam.html

He is also a noted authority on ethics in the Time Share Industry, as evidenced by The Timeshare Chronicles at www.TimeshareChronicles.com

Robert's unique approach to solving complex corporate problems works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective sales-training professional in the market today.

Robert Paisola's newest book was just released and is available on Amazon.com. CONVERSATIONS ON SUCCESS was co-authored with famed author Dr. John Gray and Mr. Tom Hopkins. His newest book, BLUEPRINTS ON SUCCESS is scheduled for release in 2009

Robert Paisola speaks on an International Basis to support his foundation, The Western Capital Foundation. He is also a noted speaker on the topic of Group Dynamics, Change Management, Investing, Real Estate, Asset Protection and Stock Investments.

Routinely Distinguished by The National Speakers Forum, Robert is also a regular contributor to Business Week Magazine, XM Satellite Radio, The Wall Street Journal, Telemundo International, National Public Radio and many other organizations. Robert Paisola is also an International Travel Writer and Certified Expert for magazines such as Conde Nast Publications and The National Geographic Society. His award winning investigative reporting articles have gained him worldwide recognition.

He remains at Western Capital as a part-time, non-executive chairman.

Paisola is available to assist victims of companies such as Unifund and CACH LLC on a temporary basis : See www.WesternCapitalVIP.com
Call Toll Free 1-877-517-9555

In Excess of 250 Members of the Association Turned Up At A Rally for Sun City Summerlin To Protest The Hiring of Executive Director Christine A Gibbs of Chicago IL, Robert Paisola reports Live for AFP International

2011-02-07T17:15:00.000-07:00

FOR IMMEDIATE RELEASE
ROBERT PAISOLA REPORTS LIVE
LAS VEGAS, NEVADA
WESTERN CAPITAL MULTIMEDIA
February 7, 2007

LAS VEGAS- We have now received Certified Information on what happened at todays Board Meeting in Summerlin Nevada regarding the issuance of a contract of employment to CHRISTINE A GIBBS , THE CURRENT EXECUTIVE DIRECTOR OF SKY LAS VEGAS.

First, please understand that this is a very highly emotional charged issue. And things are being done behind the scenes to assist the residents of Sun City in Summerlin.

We have confirmed the following:

The Summerlin, Nevada USA Sun City Association Board approved offering Christine A. Gibbs a job as the EXECUTIVE DIRECTOR of the Association with a vote of 5-2

Attending the meeting were media including ABC NEWS. As well as Jan Hogan with the Las Vegas Review Journal, collecting data for Senior Reporter Hubbell Smith who will be writing a story. Also present were other news outlets. Our estimation is that there were over 200 people (very unusual) in attendance. (See Fox News)

A 95 percent majority of the members of the community that attended, did so because they were opposed to hiring Christina A. Gibbs. Gibbs has been the source of recent controversy at her former place of employment Sky Las Vegas ( See www.SkyLasVegas.Info )

Bernard Silver, a resident at Sun City Summerlin Nevada ( SCSCAI ) stated that despite the massive turnout, the Board of Directors, did not seem to care. It should be noted that Attorney Michael L. Schulman was present, and we will be discussing that in detail.

Attorney Don Gelbman stated " I admire their guts for bucking almost everyone but I am greatly concerned about their (the board and Gibbs) ability to lead" Gelbman further stated that " I have no idea of why they did vote today but so be it. Now it is up to the membership. If you approve of what happened today you will not be voting for me. Gelbman is running for a seat on the Board of Directors.

Gelbman was emphatic stating" For those who do vote for me, and if I am elected the first order of business will be an investigation into the capabilities of the new Executive Director, Christine A. Gibbs of Las Vegas Nevada and Chicago Illinois and The second order of business will be to fire Attorney Attorney Michael L. Schulman, who serves at the pleasure of SCSCAI without a term contract.

An Attorney for former Board President Michael Steinman has stated that Steinman is preparing to file an action, as he was pushed off the board for this action to take place.

Further legal action is being prepared by members of the Community to Seek an Immediate Injunction against this "Illegal Hiring"

UPDATE 3:10 PM PST

This was sent to me and I personally confirmed that it is correct. It was confirmed on the Clark County Assessor and Recorder web sites. All are public information sources.

I raised the issue this AM at the BOD meeting and did not receive a response or even acknowledgment from any BOD member.

Bruce Alitt

If you research Clark County Public Records, you’ll learn that the property of Christine and James Gibbs is going to trustee sale in March. I understand that these are hard economic times for many, but that information bodes very poorly. It means that we are about to trust the finances of a multi-million dollar community to a woman who hasn’t managed her own finances very well.

Gary

I do not know the issues and reasons for her trustee sale. I admitted that when I made the disclosure at the meeting. Further I did not jump to any conclusion. I just made a statement of public facts that concerned me.

However at that point there was no discussions, answers, comments from the BOD. That does concern me.

Your statement in quotes was forwarded by me, not my words. However I agree with them. This woman who we have now entrusted our multi-million dollar association claims to have been working, per the BOD discussion, for several years. Being offered, to start, about $130,000 per year certainly implies that she was earning in that range. Now her house is in foreclosure. Doesn't that concern you??

Bruce Alitt

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Robert Paisola v NCO Financial- Why In The Hell Would you EVER pay an unsecured Bill, Robert Paisola Reports Live

2011-01-28T11:34:00.000-07:00

Robert Paisola v NCO Financial- Why In The Hell Would you EVER pay an unsecured Bill, Robert Paisola Reports Live

Good Morning America,
Today has been a day of complete astonishment as we have been receiving call after call from people just like you who are being hounded by Debt Collection Companies.

Today we hit the Jackpot as we spoke to NCO Financial and THREE of their representatives. This recording will clearly show you how we deal with companies at Western Capital that choose to cause drama in YOUR LIFE of YOUR COMPANIES LIFE. Listen as each and every collector we are transferred to can not handle the conversation including the operations manager, Lou Wallace, who HUNG UP THE PHONE from DUBLIN OHIO. "If you don't want to pay your bills DONT PAY YOUR BILL.....

WE ARE YOUR SOLUTION!

Why would a CONSUMER EVER PAY NCO ON A DEBT? Listen to her answer. "I don't have time for this"

America, things are changing and we are your advocate. All that we can say is LOOK AT OUR RESULTS.

This is the best $1,000 you will EVER spend!; Class Action Lawsuits mean you MAKE MONEY, Better odds than Las Vegas!

Call 1-877-517-9555 NOW
email vip@mycollector.com
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LISTEN TO THE LIVE CALL NOW!!!

Our Commentary to The American Public: by Robert Paisola

2011-01-25T21:30:00.003-07:00

Our Commentary to The American Public: by Robert Paisola

I wish that there was a way to replicate what I do over and over. We, as individuals and as a Company, are fighting many battles on many fronts, and I can promise you that EVERYTHING that you, our dear friends, tell us on a daily basis is documented and we are committed to working as hard as possible to assist as many Americans as possible.

As we all know, our country is at a "tipping point" in our history and my commitment to you is that your concerns and issues are being heard. We are taking action on many fronts. We are doing all that we can to hold those Corporations and Individuals accountable, who ARE accountable to you, the American Public.

God Bless My Friends
Robert Paisola
CEO
The Western Capital Family of Companies USA

Nuestro Comentario al público estadounidense: Robert Paisola Me gustaría que hubiera una manera de replicar lo que hago y otra vez. Nosotros, como individuos y como compañía, estamos luchando muchas batallas en muchos frentes, y yo le prometo que todo lo que ustedes, nuestros queridos amigos, nos dicen a diario se documenta y estamos comprometidos a trabajar tan duro como sea posible para ayudar a los estadounidenses como sea posible. Como todos sabemos, nuestro país está en un "punto de inflexión" en nuestra historia y mi compromiso con ustedes es that sus preocupaciones y cuestiones están siendo escuchadas. Estamos tomando medidas en muchos frentes. Estamos haciendo todo lo posible para mantener las empresas y personas responsables, que son responsables ante usted, el público americano. Dios bendiga a mis amigos de Robert CEO Paisola La Familia capital occidental de los EE.UU. Las empresas

Commentary from our Friends in Washington
by Robert Paisola on Tuesday, January 25, 2011 at 8:23pm

President Obama just addressed a Congressional chamber filled with many new faces. One face we did not see tonight was that of our friend and colleague, Congresswoman Gabrielle Giffords of Arizona. We all miss Gabby and her cheerful spirit; and we are praying for her return to the House Chamber.

Earlier this month, President Obama spoke movingly at a memorial event for the six people who died on that violent morning in Tucson. Still, there are no words that can lift the sorrow that now engulfs the families and friends of the fallen.

What we can do is assure them that the nation is praying for them; that, in the words of the Psalmist, the Lord heals the broken-hearted and binds up their wounds; and that over time grace will replace grief.

As Gabby continues to make encouraging progress, we must keep her and the others in our thoughts as we attend to the work now before us.

Tonight, the President focused a lot of attention on our economy in general — and on our deficit and debt in particular.

He was right to do so, and some of his words were reassuring. As chairman of the House Budget Committee, I assure you that we want to work with the President to restrain federal spending.

In one of our first acts in the new majority, House Republicans voted to cut Congress's own budget. And just today, the House voted to restore the spending discipline that Washington sorely needs.

The reason is simple.

A few years ago, reducing spending was important. Today, it's imperative. Here's why.

We face a crushing burden of debt. The debt will soon eclipse our entire economy, and grow to catastrophic levels in the years ahead.

On this current path, when my three children — who are now 6, 7, and 8 years old — are raising their own children, the federal government will double in size, and so will the taxes they pay.

No economy can sustain such high levels of debt and taxation. The next generation will inherit a stagnant economy and a diminished country.

Frankly, it's one of my greatest concerns as a parent — and I know many of you feel the same way.

Our debt is the product of acts by many presidents and many Congresses over many years. No one person or party is responsible for it.

There is no doubt the President came into office facing a severe fiscal and economic situation.

Unfortunately, instead of restoring the fundamentals of economic growth, he engaged in a stimulus spending spree that not only failed to deliver on its promise to create jobs, but also plunged us even deeper into debt.

The facts are clear: Since taking office, President Obama has signed into law spending increases of nearly 25 percent for domestic government agencies — an 84 percent increase when you include the failed stimulus.

All of this new government spending was sold as "investment." Yet after two years, the unemployment rate remains above 9% and government has added over $3 trillion to our debt.

Then the President and his party made matters even worse, by creating a new open-ended health care entitlement.

What we already know about the President's health care law is this: Costs are going up, premiums are rising, and millions of people will lose the coverage they currently have. Job creation is being stifled by all of its taxes, penalties, mandates and fees.

Businesses and unions from around the country are asking the Obama Administration for waivers from the mandates. Washington should not be in the business of picking winners and losers. The President mentioned the need for regulatory reform to ease the burden on American businesses. We agree — and we think his health care law would be a great place to start.

Last week, House Republicans voted for a full repeal of this law, as we pledged to do, and we will work to replace it with fiscally responsible, patient-centered reforms that actually reduce costs and expand coverage.

Health care spending is driving the explosive growth of our debt. And the President's law is accelerating our country toward bankruptcy.

Our debt is out of control. What was a fiscal challenge is now a fiscal crisis.

We cannot deny it; instead we must, as Americans, confront it responsibly.

And that is exactly what Republicans pledge to do.

Americans are skeptical of both political parties, and that skepticism is justified — especially when it comes to spending. So hold all of us accountable.

In this very room, the House will produce, debate, and advance a budget. Last year — in an unprecedented failure — Congress chose not to pass, or even propose a budget. The spending spree continued unchecked.

We owe you a better choice and a different vision.

Our forthcoming budget is our obligation to you — to show you how we intend to do things differently … how we will cut spending to get the debt down… help create jobs and prosperity … and reform government programs. If we act soon, and if we act responsibly, people in and near retirement will be protected.

These budget debates are not just about the programs of government; they're also about the purpose of government.

So I'd like to share with you the principles that guide us. They are anchored in the wisdom of the founders; in the spirit of the Declaration of Independence; and in the words of the American Constitution.

They have to do with the importance of limited government; and with the blessing of self-government.

We believe government's role is both vital and limited — to defend the nation from attack and provide for the common defense ... to secure our borders ... to protect innocent life ... to uphold our laws and Constitutional rights ... to ensure domestic tranquility and equal opportunity ... and to help provide a safety net for those who cannot provide for themselves.

We believe that the government has an important role to create the conditions that promote entrepreneurship, upward mobility, and individual responsibility.

We believe, as our founders did, that "the pursuit of happiness" depends upon individual liberty; and individual liberty requires limited government.

Limited government also means effective government. When government takes on too many tasks, it usually doesn't do any of them very well. It's no coincidence that trust in government is at an all-time low now that the size of government is at an all-time high.

The President and the Democratic Leadership have shown, by their actions, that they believe government needs to increase its size and its reach, its price tag and its power.

Whether sold as "stimulus" or repackaged as "investment," their actions show they want a federal government that controls too much; taxes too much; and spends too much in order to do too much.

And during the last two years, that is exactly what we have gotten — along with record deficits and debt — to the point where the President is now urging Congress to increase the debt limit.

We believe the days of business as usual must come to an end. We hold to a couple of simple convictions: Endless borrowing is not a strategy; spending cuts have to come first.

Our nation is approaching a tipping point.

We are at a moment, where if government's growth is left unchecked and unchallenged, America's best century will be considered our past century. This is a future in which we will transform our social safety net into a hammock, which lulls able-bodied people into lives of complacency and dependency.

Depending on bureaucracy to foster innovation, competitiveness, and wise consumer choices has never worked — and it won't work now.

We need to chart a new course.

Speaking candidly, as one citizen to another: We still have time ... but not much time. If we continue down our current path, we know what our future will be.

Just take a look at what's happening to Greece, Ireland, the United Kingdom and other nations in Europe. They didn't act soon enough; and now their governments have been forced to impose painful austerity measures: large benefit cuts to seniors and huge tax increases on everybody.

Their day of reckoning has arrived. Ours is around the corner. That is why we must act now.

Some people will back away from this challenge. But I see this challenge as an opportunity to rebuild what Lincoln called the "central ideas" of the Republic.

We believe a renewed commitment to limited government will unshackle our economy and create millions of new jobs and opportunities for all people, of every background, to succeed and prosper. Under this approach, the spirit of initiative — not political clout — determines who succeeds.

Millions of families have fallen on hard times not because of our ideals of free enterprise — but because our leaders failed to live up to those ideals; because of poor decisions made in Washington and Wall Street that caused a financial crisis, squandered our savings, broke our trust, and crippled our economy.

Today, a similar kind of irresponsibility threatens not only our livelihoods but our way of life.

We need to reclaim our American system of limited government, low taxes, reasonable regulations, and sound money, which has blessed us with unprecedented prosperity. And it has done more to help the poor than any other economic system ever designed. That's the real secret to job creation — not borrowing and spending more money in Washington.

Limited government and free enterprise have helped make America the greatest nation on earth.

These are not easy times, but America is an exceptional nation. In all the chapters of human history, there has never been anything quite like America. The American story has been cherished, advanced, and defended over the centuries.

And it now falls to this generation to pass on to our children a nation that is stronger, more vibrant, more decent, and better than the one we inherited.

En Espanol
Comentario de nuestros amigos en Washington por Robert Paisola el Martes, 25 de enero 2011 a las 20:23 el presidente Obama acaba de dirigirse a una cámara del Congreso lleno de muchas caras nuevas. Una cara que no vimos esta noche fue la de nuestro amigo y colega, la congresista Gabrielle Giffords de Arizona. Todos echamos de menos Gabby y su espíritu alegre, y estamos orando por su regreso a la Cámara de Representantes. A principios de este mes, el presidente Obama habló con emoción en un acto en memoria de las seis personas que murieron enesa mañana violenta en Tucson. Sin embargo, no hay palabras que pueden levantar la pena que ahora envuelve a las familias y amigos de los caídos. Lo que podemos hacer es asegurarles que la nación está orando por ellos, que, en palabras del salmista, el Señor sana a los quebrantados de corazón y venda sus heridas, y que con el tiempo de gracia reemplazará la pena. Como Gabby continúa haciendo progresos alentadores, hay que mantener a ella ya los demás en nuestros pensamientos al asistir a la labor que tenemos ante nosotros. Tonight, el Presidente se centró mucho la atención en nuestra economía en general - y en nuestro déficit y la deuda en particular. Tenía razón para hacerlo, y algunos de sus palabras tranquilizadoras fueron. Como presidente de la Comisión de Presupuesto de la Cámara, le aseguro que queremos trabajar con el Presidente para frenar el gasto federal. En uno de nuestros primeros actos de la nueva mayoría, republicanos de la Cámara votaron a favor de recortar el presupuesto propio del Congreso. Y justo hoy, la Cámara votó a favor de restaurar la disciplina en los gastos que Washington muy needs. La razón es simple. Hace algunos años, reducir el gasto fue importante. Hoy en día, es imprescindible. He aquí por qué. Nos enfrentamos a una carga aplastante de la deuda. La deuda pronto eclipsará toda nuestra economía, y hacer crecer a niveles catastróficos en los próximos años. En esta ruta de acceso actual, cuando mis tres hijos - que ahora son 6, 7 y 8 años de edad - están criando a sus propios hijos, el gobierno federal se duplicará en tamaño, y también los impuestos que pagan. Ninguna economía puede mantener esos altos niveles de deuday los impuestos. La próxima generación heredará una economía estancada y un país disminuido. Francamente, es una de mis mayores preocupaciones como padre - y sé que muchos de ustedes se sienten de la misma manera. Nuestra deuda es el producto de los actos de muchos presidentes y Congresos muchos durante muchos años. Ninguna persona o partido es responsable de ello. No hay duda, el Presidente asumió el poder frente a una grave situación fiscal y económica. Por desgracia, en lugar de restaurar las bases de growt económicah, se involucró en una juerga de gasto de estímulo que no sólo no cumplió su promesa de crear puestos de trabajo, pero también nos sumergió aún más en la deuda. Los hechos son claros: Desde que asumió el cargo, el presidente Obama ha firmado en ley el aumento del gasto de casi 25 por ciento para los organismos públicos nacionales - un aumento del 84 por ciento cuando se incluye el estímulo no. Todo este gasto nuevo gobierno se vendió como "inversión". Sin embargo, después de dos años, la tasa de desempleo se mantiene por encima del 9% y la gobernabilidadnment ha añadido más de $ 3 billones a la deuda. A continuación, el Presidente y su partido hace las cosas aún peor, mediante la creación de un nuevo derecho de atención de salud de composición abierta. Lo que ya sabemos sobre la ley del Presidente de atención de salud es la siguiente: Los costos están subiendo, las primas están aumentando, y millones de personas perderán la cobertura que tienen actualmente. La creación de empleo está siendo sofocado por la totalidad de sus impuestos, sanciones, mandatos y comisiones. Las empresas y los sindicatos de todo el país está pidiendo a la Administrat Obamaiones de exención de los mandatos. Washington no debería estar en el negocio de elegir ganadores y perdedores. El Presidente mencionó la necesidad de la reforma regulatoria para aliviar la carga de las empresas estadounidenses. Estamos de acuerdo - y creemos que su ley de salud sería un gran lugar para comenzar. La semana pasada, republicanos de la Cámara votaron a favor de la derogación completa de esta ley, como nos comprometimos a hacer, y vamos a trabajar para sustituirlo por fiscalmente responsable, paciente-centrada en las reformas que en realidad reducir costos y ampliar coverage. los gastos de atención de salud está impulsando el crecimiento explosivo de la deuda. Y el derecho del Presidente se está acelerando nuestro país a la bancarrota. Nuestra deuda está fuera de control. Lo que era un desafío fiscal es ahora una crisis fiscal. No podemos negarlo, sino que debemos, como los estadounidenses, que enfrentan de manera responsable. Y eso es exactamente lo que los republicanos se comprometen a hacer. Los estadounidenses se muestran escépticos de ambos partidos políticos, y que el escepticismo está justificado - especialmente cuando se trata de gastar. A fin de celebrar todos nosotrosrendición de cuentas. En esta misma sala, la Cámara se producen, el debate y avanzar en un presupuesto. El año pasado - en un fallo sin precedentes - El Congreso ha decidido no pasar, o incluso proponer un presupuesto. La juerga de gasto continuado sin control. Les debemos una mejor opción y una visión diferente. Nuestro próximo presupuesto es nuestra obligación para con usted - que le muestre cómo se pretende hacer las cosas de manera diferente ... ¿cómo vamos a recortar el gasto para obtener la deuda ... por ayudar a crear puestos de trabajo y prosperidad ... y el programa de reforma del gobiernos. Si actuamos pronto, y si actuamos responsablemente, las personas ya retiradas oa punto será protegida. Estos debates presupuestarios no son sólo acerca de los programas de gobierno, sino que son también sobre el propósito del gobierno. Así que me gustaría compartir con ustedes los principios que nos guían. Están ancladas en la sabiduría de los fundadores, en el espíritu de la Declaración de la Independencia, y en las palabras de la Constitución de Estados Unidos. Tienen que ver con la importancia de un gobierno limitado, y con la blessing del gobierno propio. Creemos que el papel del gobierno es vital y limitado - para defender la nación de los ataques y proveer a la defensa común ... para asegurar nuestras fronteras ... para proteger la vida inocente ... para defender nuestras leyes y derechos constitucionales ... para asegurar la tranquilidad doméstica y la igualdad de oportunidades ... y para ayudar a proporcionar una red de seguridad para aquellos que no pueden valerse por sí mismos. Creemos que el gobierno tiene un papel importante para crear las condiciones que promueven el empresariobuque, la movilidad hacia arriba, y la responsabilidad individual. Creemos, como nuestros fundadores, que "la búsqueda de la felicidad" depende de la libertad individual y la libertad individual requiere un gobierno limitado. Gobierno limitado también significa un gobierno eficaz. Cuando el gobierno toma demasiadas tareas, por lo general no hace ninguna de ellas muy bien. No es ninguna coincidencia que la confianza en el gobierno está en su punto más bajo de todos los tiempos, ahora que el tamaño del gobierno está en su punto más alto de todos los tiempos. El Presidente y el DemoLiderazgo democrático han demostrado, por sus acciones, que creen que el gobierno tiene que aumentar su tamaño y su alcance, su precio y su poder. Si se venden como "estímulo" o reenvasado como "inversión", sus acciones demuestran que quieren un gobierno federal que controla demasiado, impuestos demasiado, y gasta demasiado en el fin de hacer demasiado. Y durante los últimos dos años, eso es exactamente lo que hemos llegado - junto con déficits y la deuda - al punto que el Presidente está instando aCongreso para aumentar el límite de la deuda. Creemos que el día de los negocios como siempre debe llegar a su fin. Tenemos a un par de convicciones simple: préstamos sin fin no es una estrategia; recortes en el gasto tiene que venir primero. Nuestra nación está llegando a un punto de inflexión. Nos encontramos en un momento en que si el crecimiento del gobierno no se controla y no impugnados, en el mejor siglo de Estados Unidos se considera nuestro siglo pasado. Se trata de un futuro en el que vamos a transformar nuestra red de seguridad social en una hamaca, que lulls personas sin discapacidad en la vida de la complacencia y la dependencia. Dependiendo de la burocracia para impulsar la innovación, la competitividad, y escoger muy bien los consumidores nunca ha trabajado - y no va a funcionar ahora. Necesitamos un nuevo rumbo. Hablando con franqueza, como un ciudadano a otro: "Aún tenemos tiempo ... pero el tiempo no es mucho. Si seguimos por el camino actual, sabemos lo que será nuestro futuro. Basta con echar un vistazo a lo que está pasando a Grecia, Irlanda, el Reino Unido y otras naciones de eurosopa. No actuó muy pronto, y ahora sus gobiernos se han visto obligados a imponer medidas de austeridad dolorosa, un corte de gran beneficio para la tercera edad y un enorme aumento de impuestos en todo el mundo. Su día del juicio final ha llegado. La nuestra es vuelta de la esquina. Es por eso que debemos actuar ahora. Algunas personas alejarse de este desafío. Pero veo este desafío como una oportunidad para reconstruir lo que Lincoln llamó las "ideas centrales" de la República. Creemos que un compromiso renovado con un gobierno limitado que unshackle nuestra economía y crear millones de nuevos empleos y oportunidades para todos, de todos los orígenes, de tener éxito y prosperar. Bajo este enfoque, el espíritu de iniciativa - no influencia política - determina quién tiene éxito. Millones de familias han caído en tiempos difíciles, no por nuestros ideales de la libre empresa -, sino porque nuestros líderes no a la altura de esos ideales, a causa de malas decisiones tomadas en Washington y Wall Street que provocó una crisis financiera, malgastado nuestros ahorros,rompió nuestra confianza, y ha paralizado la economía. Hoy en día, el mismo tipo de irresponsabilidad amenaza no sólo a nuestros medios de vida, pero nuestro modo de vida. Tenemos que recuperar nuestro sistema de gobierno limitado, bajos impuestos, regulaciones razonables, y una moneda sólida, que nos ha bendecido con una prosperidad sin precedentes. Y lo ha hecho más para ayudar a los pobres que cualquier otro sistema económico que se haya diseñado. Ese es el verdadero secreto de la creación de empleo - no pedir prestado y gastar más dinero en Washington. Limigobierno de Ted y la libre empresa ha ayudado a Estados Unidos la nación más grande en la tierra. Estos no son tiempos fáciles, pero Estados Unidos es una nación excepcional. En todos los capítulos de la historia humana, nunca ha habido nada parecido Latina. La historia de América ha sido apreciado, avanzado, y defendido durante siglos. Y ahora le corresponde a esta generación para pasar a nuestros hijos una nación que es más fuerte, más vibrante, más decente y mejor que el que heredamos.

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