2nd Circuit Upholds Insider Trading Conviction of Ex-Goldman Sachs Director The panel’s decision represented the latest retreat from the appellate court’s holding in 2014’s “U.S. v. Newman,” which narrowed prosecutors’ ability to prove insider trading.


Gupta-m1114755-web2
Rajat Gupta, right, with his attorney Gary Naftalis, following his sentencing in 2012. Photo: Louis Lanzano/ Bloomberg
https://www.law.com/newyorklawjournal/2019/01/07/2nd-circuit-upholds-insider-trading-conviction-of-ex-goldman-sachs-director/
By Colby Hamilton | January 07, 2019 at 04:12 PM

For the second time in as many months the U.S. Court of Appeals for the Second Circuit has declined to reverse an insider trading secured by federal prosecutors before the circuit court’s ruling in United States v. Newman and the sequence of decisions it spawned.

On Monday, the panel, composed of Circuit Judges Amalya Kearse, Richard Wesley and Christopher Droney, denied former Goldman Sachs director Rajat Gupta’s second attempt to have his insider trading conviction overturned. The Second Circuit had previously in 2014 denied Gupta’s argument that the trial court erred in admitting some evidence, while excluding other evidence offered by the defense ahead of his 2012 conviction. He ultimately served 19 months in prison, and was released in 2016.

The current appeal came after U.S. District Judge Jed Rakoff of the Southern District of New York denied Gupta’s motion to vacate his conviction in the wake of the Second Circuit’s 2014 decision in Newman, which substantially narrowed the “personal benefit” requirements of an insider trading relationship. Gupta argued before Rakoff that the jury instructions in his case were legally invalid under Newman.

On appeal, the panel reviewed Gupta’s challenge based on a cause-and-prejudice standard. It agreed with Rakoff’s argument that nothing stopped Gupta from arguing that the jury instructions were faulty on direct appeal from his conviction, since they were made during trial.

The panel observed that its November 2018 decision in Whitman v. United States tracks closely with the dynamics of Gupta’s case, as jury instructions were objected to at trial but weren’t pursued on appeal. Other insider trading cases pursued the line on appeal before Newman, the panel noted, making the claims in Whitman—and therefore Gupta’s case—insufficient to show cause.

Defendants in other insider trading prosecutions were contending that juries should be given narrower definitions of the personal benefit needed to find culpable insider trading,” the panel wrote. “We conclude that [Gupta] presents no viable claim that the personal benefit challenge was unavailable to his counsel on appeal.”

While the panel, having found Gupta failing the cause standard, could arguably have ended its findings there, it proceeded to address the issue of prejudice, and, in doing so, waded directly back in to the circuit’s muddied law on insider trading.

The panel first found that Gupta failed to show the personal benefit instructions were so flawed as to deny him due process, noting that the actual language provided to the jury in question spoke of “maintaining a good relationship with a frequent business partner.”

That last clause proved critical for the panel, who argued it squared with requirements under precedent, but not the Second Circuit’s most recent double take in United States v. Martoma, which is mentioned briefly later. Instead, the panel opted to return to the insider trading Ur-precedent from the Supreme Court’s 1983 decision in Dirks v. SEC.

The Dirks court set out a “varying sets of circumstances…which would warrant a finding of the tipper’s illegal purpose,” the panel noted. Despite the fact the specific language required by Newman for a tangible or pecuniary benefit was not present in Gupta’s jury instructions, the language was satisfactory under Dirks’ seemingly broader “circumstances.”

In fact, the panel’s acknowledgment that Dirks highlighting the ability for a quid pro quo relationship despite “the lack of need for proof of the tipper’s financial or tangible gain” appeared to potentially undercut a portion of the court’s holding in Newman, continuing the erosion that began with the Supreme Court’s findings in Salman v. United States and continued through the two versions of the Second Circuit’s Martoma decision.

The fact that Newman‘s requirement for proof of a tipper’s pecuniary or other tangible gain has been rejected by the Supreme Court disposes of Gupta’s contention that Newman meant the trial court’s instruction that proof of pecuniary or tangible benefit was not necessary caused him to be convicted of a crime for ‘conduct that is not criminal,’” the panel said, quoting from Gupta’s brief on appeal.

A spokesman for the U.S. Attorney’s Office for the Southern District of New York, which secured Gupta’s original conviction and handled the appeal, declined to comment.

Kramer Levin Naftalis & Frankel name attorney Gary Naftalis handled Gupta’s appeal. He did not respond to a request for comment.

Related:

Forbidden Knowledge – This is Great, Must See Video!


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RBS bankers joked about destroying the US housing market By Rob Davies


RBS bankers joked about destroying the US housing market
By Editor August 16, 2018
http://www.theeventchronicle.com/finanace/rbs-bankers-joked-about-destroying-the-us-housing-market/


A boarded up building in Cleveland, Ohio, in January 2008. In the build up to the crisis mortgage lenders were incentivised to make as many loans as possible. Photograph: Timothy A. Clary/AFP/Getty Images
Transcripts of pre-financial crisis conversations show senior bankers’ disregard for customers

By Rob Davies

RBS bankers joked about destroying the US housing market after making millions by trading loans that staff described as “total fucking garbage”, according to transcripts released as part of a $4.9bn (£3.8bn) settlement with US prosecutors.

Details of internal conversations at the bank emerged just weeks before the 10-year anniversary of the financial crisis, which saw RBS rescued with a £45bn bailout from the UK government.

The US Department of Justice (DoJ) criticised RBS over its trade in residential mortgage backed securities (RMBS) – financial instruments underwritten by risky home loans that are cited as pivotal in the global banking crash.

It said the bank made “false and misleading representations” to investors in order to sell more of the RMBS, which are forecast to result in losses of $55bn to investors.

Transcripts published alongside the settlement reveal the attitude among senior bankers at RBS towards some of the products they sold.

The bank’s chief credit officer in the US referred to selling investors products backed by “total fucking garbage” loans with “fraud [that]was so rampant … [and]all random”.

He added that “the loans are all disguised to, you know, look okay kind of … in a data file.”

The DoJ said senior RBS executives “showed little regard for their misconduct and, internally, made light of it”.

In one exchange, as the extent of the contagion in the banking industry was becoming clear, RBS’ head trader received a call from a friend who said: “[I’m] sure your parents never imagine[d]they’d raise a son who [would]destroy the housing market in the richest nation on the planet.”

He responded: “I take exception to the word ‘destroy.’ I am more comfortable with ‘severely damage.’”

Another senior banker explained to a colleague that risky loans were the result of a broken mortgage industry that meant lenders were “raking in the money” and were incentivised to make as many loans as possible.

Employees who might raise the alarm about the riskiness of such lending “don’t give a shit because they’re not getting paid”, he said.

The bank made “hundreds of millions of dollars” from selling RMBS, the DoJ said, while disguising the risk they posed to investors, which included a group of nuns who lost 96% of their investment.

By October 2007, as signs of stress began to show in the banking system, RBS’ chief credit officer wrote to colleagues expressing his true feelings about the burgeoning volume of subprime loans in the housing market.

He said loans were being pushed by “every possible … style of scumbag”, adding that it was “like quasi-organised crime”.

“Nobody seems to care,” he added.
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The DoJ criticised RBS’ failure to do due diligence on the loans it was packaging, saying the bank feared it would lose out to rivals if it performed stricter tests.

One analyst at the lender referred to the bank’s due diligence procedures as “just a bunch of bullshit”, according to the transcripts.

When the bank became concerned about the poor quality of loans and started imposing tighter due diligence, one senior banker complained, saying: “Oh, God. Does anyone want to make money around here any more?”

RBS expected to make $20m from one deal that involved trading particularly risky loans, but faced resistance from the bank’s chief credit officer.

A senior executive responded to the concerns by telling the bank’s head trader: “Please don’t fuckin’ blow this one. We need every dollar we can get our hands on.”

Internal conversations between bankers also offer some insight into their growing realisation of the poor quality of the loans the bank owned and sold.

In September 2007, one trader referred to an appraisal of loans as giving “pretty shitty results”.

The transcripts were released by the DoJ as it confirmed the details of the settlement with the bank over its trading in RMBS.

RBS said: “Under the terms of the settlement, RBS disputes the allegations but will not set out a legal defence, while the settlement does not constitute a judicial finding.”

Certainty over the scale of the settlement will allow the bank to pay its first dividend in a decade this year.

The dividend is worth £240m and the Treasury will receive £149m as RBS is still 62%-owned by the government.

Ross McEwan, RBS chief executive, said: “This settlement dates back to the period between 2005 and 2007. There is no place for the sort of unacceptable behaviour alleged by the DoJ at the bank we are building today.”

He added that the bank could now “focus our energy on serving our customers better”.

But league tables published by the Competition and Markets Authority on Wednesday placed RBS joint bottom for customer service, with fewer than half of customers saying they would recommend the bank to a friend.

RBS will have to publish the results in branches, on its website and mobile app from today.

This article (RBS bankers joked about destroying the US housing market) was originally published on The Guardian and syndicated by The Event Chronicle.

The Whole Country is Running Amok!



You know that just thinking bad things about Obama landed people in jail, and I don’t know anyone who liked or voted for him. In fact, he should be in jail for numerous items he did.


Trump on the other hand I voted for and like, and know many, that if they did not like him in the beginning, saw he was not full of shit, and came his way.

Yet, people are always threatening, and in fact, trying to kill Trump, and even saying it publicly does not cause them to land in jail.

Personally, the likes of Madonna saying that she had been thinking “a lot lately about blowing up the white house”, the bitch should have been locked up.

Maxine Waters and Nancy Pelosi should be there with the bitch, and Clinton should have been there back before the elections.

Since when, do people trying to get people to murder anyone not go to jail?  Dumb question, how many are on the Clinton’s list of dead bodies?


Especially when it is the US President they are trying to get murdered?

Same thing with riots? 

Since when does attempting to incite riots not an arrest-able offense?

The whole country is running amok with would be communists, at one time people like that were taken care of one way or another.

Yet, today, we have fewer rights than we have ever had.

We have a news media that all of them should be fired and put on public display handcuffed and shackled. Can’t believe a word out of their mouths.

We have alternative news sites being yanked off the internet, and social media idiots going from one side to other, scared they are going to lose their riches.

Then there are these ANTIFA screwballs.

They hide who they are, go out and commit crimes, and the cops stand there with their sticks in their hands jerking off.

Hell, I remember the riots of the 60s when the cops came, they told you to leave.

If the kids did not leave they would go to clubbing the whole lot of them.
Sometimes, they were shot at. They did not care race or gender, they would bat you down.

Then there are these idiots that are trying to tell kids that there are many different genders, and if they want to be a different sex, that is ok.

If they want to be an animal that’s ok too. They are teaching kids about sex in school, and that transgender men can go to the same bathroom as our little girls.

WTF is wrong with this picture?

And since when do our kids not belong to us, and they do belong to the whole community? I guess that was about the same time, that the vaccines started giving the kids autism.

Is the whole community stepping in to help pay for these kids riddled with autism? Hell no.


The courts will rule against all known law, and in fact make up some laws as they go along.

Foreclosure hell awakened judges making laws. Seen it in a bunch of different states.

And just try going into the court as pro se. What a fucking joke.

No matter how well versed a person is in the law. No matter how well a person follows the rules to a “t”, no matter if the persona has a cut and dry case in their favor, if they don’t have an attorney, they might as well go jerk off in the bushes, because that is about how much it is going to matter.


And that’s not even mentioning the child sex rings stealing, selling, and killing children in this country.

I am so sick of the shit that I could go on, and on, and on…

I guess all I can say is damn, the whole country is running amok.

Dear God; They Caught Them ALL! Putin Gives Trump 160 Terabytes of Communication Intercepts; ALL people behind fake “Russia Collusion” – False Flag Chemical Attacks in Syria, Sabotage of Brexit, Nefarious Clinton activities & More



U.S. National News
Dear God; They Caught Them ALL! Putin Gives Trump 160 Terabytes of Communication Intercepts; ALL people behind fake “Russia Collusion” – False Flag Chemical Attacks in Syria, Sabotage of Brexit, Nefarious Clinton activities & More

Category: U.S. National News
Tuesday, 17 July 2018 20:30
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Thanks to my long-time former colleagues from the Intelligence Community, whom I worked with in my years with the FBI Joint Terrorism Task Force, from both inside and outside the US, I am pleased to be the ONLY media outlet to be able to report this extraordinary information . . . .

The jig is finally up. The Dominoes are all in position to be knocked over. The “elite” have phoned, faxed, and emailed many of themselves right into prison, or worse. (When the public finds out, probably “worse.”)

At the meeting in Helsinki, Finland, between Presidents Putin of Russia and Trump of the USA, the Russians gave to Trump at least 160 TERABYTES of Russian Intelligence Intercepts which expose horrifying activities of many, many, people to deliberately foment social, cultural, and political chaos, violent riots, demonstrations, media smears, phony scandals, and fake news.

Some of those intercepts reveal who has been financing weapons, supplies, travel, hotel, vehicle rentals and secure communications gear for Terrorist groups, inside Syria, Iraq, and terror attacks in Europe and the US.

Among the intercepted communications are mostly international phone calls, faxes, emails by members of the US Congress, US Senate, federal Judges, state-level elected officials from California, Oregon, Washington, New York (City & State), New Jersey, Connecticut, Massachusetts, Maryland and Virginia. Once those communications left the United States, they became fair game for any country to spy on.

A great number of these communications were encrypted, but Russia has found a way to BREAK much of the encryption! And as part of their effort to improve relations with Trump, they provided the original encrypted versions of the intercepts AND the key which decrypts them so the US can use US-obtained intercepts (which may still be encrypted) along with the Russian-provided decryption key to prove the info is accurate and unedited!!!

Numerous high-ranking officials and well known wealthy people have been caught red-handed scheming together and with foreign governments along with radical leftist billionaires both inside and outside the US, to foment — and finance — extraordinary acts of political, social, and cultural chaos including riots, violent attacks, political unrest and more.

Some high-level MANAGERS at gigantic social media companies have received literally millions of dollars in pay-offs to establish or use under-the-radar company policies to impose severe censorship on certain views and to silence certain people; often times without the knowledge or consent of the Highest Executives or Boards of Directors of those companies! These pay-offs USURP actual executive power in some giant social media outlets.

High level mass-media Producers, Editors, and some Writers in the US, UK, and elsewhere in Europe, have been paid-off with VAST sums of money to launch phony media smears. Push scandals. Create and report FAKE news stories. All to sew dissent, foment unrest, cause political and social instability. When this information is revealed. MAJOR (Like REALLY MAJOR) news outlets will be completely ruined. Their company stock (or that of their parent company) will plummet to zero because their credibility – their believability – will be utterly destroyed. Ad revenues will plummet because the public simply will not trust these outlets anymore.

A very significant number of US INTELLIGENCE COMMUNITY persons are also, sadly, caught. It is now clear there is a cadre of people inside the US Intelligence Community, who have been misusing their positions to do things they were never cleared to do; the kinds of things that get people Indicted, tried, convicted and . . . . executed under our federal legal system! Yes, you read that right: certain specific US Intel people could literally face the death penalty for some of the things they have now been positively caught doing.

Even more sadly, a very few high-ranking US Military officials have also been caught. Intercepts from field communications are going to send some of those Officials to Leavenworth for the rest of their lives. (Cont’d Below)

PLEASE NOTE: If this type of inside information and reporting is pleasing to you, please know that this web site and radio show are supported by READERS like you. Cloud-based sites like this get BILLED when you read a story. You read, I pay. So if you like this, and want more, it is IMPERATIVE you help out with a dollar or two. Some folks may feel that $5, $10, $20, $50 or $100 will help even more — and it will. Please don’t take this site or the news you get here for granted. It costs big money to run this web site and radio show and without YOUR help, it simply cannot exist. Please take a second and donate HERE.

Moreover, a very significant number of employees/officials inside the US State Department have coordinated activities the likes of which will make the American people recoil in horror. In fact, I was explicitly told

“Foggy Bottom (the nickname for the State Dept.) is turning out to be THE epicenter of evil for a lot of things . . .”

Worst of all, some of the Signals Intelligence grabbed-up certain well-known individuals inside the US Department of Justice. What these people have done will no doubt smash the reputation of the legal system for decades. Not only are some people inside the Justice Department going to prison, their liability for things they’ve done WITHOUT AUTHORIZATION, will expose them to personal liability which will utterly destroy them and their families civilly.

At the highest levels of these intercepts are allegedly names like Soros, Rothschild, and very recognizable others.

Russian President Vladimir Putin and United States President Donald Trump, met in Helsinki, Finland early this week, for about two hours privately. No staff. No aids. No media.

During that meeting, Putin laid out the inner workings of the vast global network of “elites” and the activities they have engaged in to bring wars, refugees, all manner of social and political chaos to countries around the world, much of it in the USA. Russia even provided charts showing “organizational” structures (which are not really “organizations” but more defacto operational realities); who is tasked with what topics or activities, how much they have been paid and by whom.

Actual copies of communications and Signals Intercepts with descrambled recordings of phone calls, descrambled “secure” fax transmissions, descrambled encrypted emails. Vast reports on money transactions via wire transfer, control numbers, account names, amounts, dates, purposes . . . and the recipient info too.

In total, more than 160 TERABYTES of this type of data was given to President Trump in the form of 1 Terabyte USB Flash Memory Drives. The USB drives are DataTraveler® HyperX® Predator 3.0 USB Flash drives which hold 1 terabyte of data each.

The level of criminal conspiracy is so enormous, and the global scale and reach of these efforts is so gigantic, it boggles the mind.

Bankers and titans of industry are also involved. I can also report that Union bosses figure prominently in the intercepts.
BREXIT

The opposition to BREXIT is being funded and orchestrated by people on BOTH SIDES of British politics and the motivation is two-fold: They want Britain to remain in Europe to lessen its power and, they HATE the Royal Family.

According to the information given to me, some of the most virulent Torie “Remainers” joked with like-minded Labour members about “looking forward to the day when Britain sheds it archaic Monarchy and comes under total rule by the EU.” These are ELECTED officials who are literally trying to destroy the sovereignty of their own country!
The Clintons

Turns out, Bill and Hillary have been under surveillance since Bill was first elected President in 1992. Almost EVERY dirty deal, alleged shake-down, alleged kick-back, and some things described to me as “the ultimate acts (plural) of nefarious nature” are all neatly recorded and indexed by Russia. Now, I’m told, President Trump has it all.
Closely Guarded Secret Work

Trusted elements inside the Trump Administration (who have been sworn to absolute secrecy, even ordered to flatly DENY the very existence of this material in order to maintain security) are being tasked to sort through, analyse and catalog all activities turned over by Russia; paying particular attention to any activity which resulted in violence, death or property damage, so as to be able to criminally prosecute ALL the Conspirators based on any end-result violence or property loss/damage. Whether the Conspirators intended such acts or not, the acts themselves “were a foreseeable consequence” of their efforts, thus making them ALL guilty.

Working from the top, these trusted elements inside the Trump Administration will take each effort and follow it down to the end results, documenting any acts of state-level violence, which thereby makes ALL participants in that entire effort subject to Conspiracy charges. Conspiracy is the likely charge as opposed to bringing Racketeer Influenced Corrupt Organization (RICO) cases, because RICO cases require predicate felonies which often had not occurred.

I asked if any of this evidence can actually be used in court since none of it was obtained via Warrant? I was told that ALL of it is admissible because the United States did not solicit the information and had no part in it being illegally obtained! Thus, there is no “fruit of a poison tree” to block admissibility!

Hal Turner Commentary

Literally HUNDREDS of ultra-wealthy and/or very high profile people are about to have their entire existence caught-up in the wheels of justice.

And as a person who has been caught-up in the wheels of justice myself, I can tell you those wheels may turn slowly, but they GRIND UP everything and everyone they encounter.

I am not yet privy to particular facts or incident covered by this material. I am told to expect to get information, but no time frame was told to me.

It seems as though the Putin-Trump meeting in Helsinki has, in fact, become the worst nightmare of a whole slew of people.

Prior to the summit, many people took extraordinary efforts to try to derail the meeting altogether.

After the meeting, those folks and their minions are making enormous noise about anything they can.

They’re worried they’re caught. They think they might be caught. I can report tonight, they are right to worry; they ARE caught!

They think that creating distractions through scandals will prevent them from being held accountable. It won’t.

The jig is up. The dominoes are about to fall.

Some of these people would do well to get their affairs in order and commit suicide. Because when the truth comes out about what they’ve been doing, and the things they’ve done, their world will be smashed by the legal system. Their entire existence, their fortunes and their family name will be ruined forever.

PROGRAMMING NOTE: This will be a major topic of discussion on WEDNESDAY, June 18, from 9:00-11:00 PM eastern US time (GMT -0400) on “The Hal Turner Radio Show.” You can listen via radio or right here in the Internet as the show airs LIVE. To tune-in by radio, select either WBCQ or WRMI worldwide shortwave. WBCQ transmits with 50,000 watts on frequency 7.490 AM. WRMI transmits with 100,000 watts on frequency 9.455 AM. To tune-in here on the Internet, click the LISTEN LIVE button in the menu bar above the main news section. Those links DO NOT GO LIVE until about one hour before my show begins. During that hour, I stream commercial-free music until my show starts. Don’t miss this extraordinary broadcast!

U.S. National News
Dear God; They Caught Them ALL! Putin Gives Trump 160 Terabytes of Communication Intercepts; ALL people behind fake “Russia Collusion” – False Flag Chemical Attacks in Syria, Sabotage of Brexit, Nefarious Clinton activities & More

Category: U.S. National News
Tuesday, 17 July 2018 20:30
Hits: 86283

37 Comments

Thanks to my long-time former colleagues from the Intelligence Community, whom I worked with in my years with the FBI Joint Terrorism Task Force, from both inside and outside the US, I am pleased to be the ONLY media outlet to be able to report this extraordinary information . . . .

The jig is finally up. The Dominoes are all in position to be knocked over. The “elite” have phoned, faxed, and emailed many of themselves right into prison, or worse. (When the public finds out, probably “worse.”)

At the meeting in Helsinki, Finland, between Presidents Putin of Russia and Trump of the USA, the Russians gave to Trump at least 160 TERABYTES of Russian Intelligence Intercepts which expose horrifying activities of many, many, people to deliberately foment social, cultural, and political chaos, violent riots, demonstrations, media smears, phony scandals, and fake news.

Some of those intercepts reveal who has been financing weapons, supplies, travel, hotel, vehicle rentals and secure communications gear for Terrorist groups, inside Syria, Iraq, and terror attacks in Europe and the US.

Among the intercepted communications are mostly international phone calls, faxes, emails by members of the US Congress, US Senate, federal Judges, state-level elected officials from California, Oregon, Washington, New York (City & State), New Jersey, Connecticut, Massachusetts, Maryland and Virginia. Once those communications left the United States, they became fair game for any country to spy on.

A great number of these communications were encrypted, but Russia has found a way to BREAK much of the encryption! And as part of their effort to improve relations with Trump, they provided the original encrypted versions of the intercepts AND the key which decrypts them so the US can use US-obtained intercepts (which may still be encrypted) along with the Russian-provided decryption key to prove the info is accurate and unedited!!!

Numerous high-ranking officials and well known wealthy people have been caught red-handed scheming together and with foreign governments along with radical leftist billionaires both inside and outside the US, to foment — and finance — extraordinary acts of political, social, and cultural chaos including riots, violent attacks, political unrest and more.

Some high-level MANAGERS at gigantic social media companies have received literally millions of dollars in pay-offs to establish or use under-the-radar company policies to impose severe censorship on certain views and to silence certain people; often times without the knowledge or consent of the Highest Executives or Boards of Directors of those companies! These pay-offs USURP actual executive power in some giant social media outlets.

High level mass-media Producers, Editors, and some Writers in the US, UK, and elsewhere in Europe, have been paid-off with VAST sums of money to launch phony media smears. Push scandals. Create and report FAKE news stories. All to sew dissent, foment unrest, cause political and social instability. When this information is revealed. MAJOR (Like REALLY MAJOR) news outlets will be completely ruined. Their company stock (or that of their parent company) will plummet to zero because their credibility – their believability – will be utterly destroyed. Ad revenues will plummet because the public simply will not trust these outlets anymore.

A very significant number of US INTELLIGENCE COMMUNITY persons are also, sadly, caught. It is now clear there is a cadre of people inside the US Intelligence Community, who have been misusing their positions to do things they were never cleared to do; the kinds of things that get people Indicted, tried, convicted and . . . . executed under our federal legal system! Yes, you read that right: certain specific US Intel people could literally face the death penalty for some of the things they have now been positively caught doing.

Even more sadly, a very few high-ranking US Military officials have also been caught. Intercepts from field communications are going to send some of those Officials to Leavenworth for the rest of their lives. (Cont’d Below)

PLEASE NOTE: If this type of inside information and reporting is pleasing to you, please know that this web site and radio show are supported by READERS like you. Cloud-based sites like this get BILLED when you read a story. You read, I pay. So if you like this, and want more, it is IMPERATIVE you help out with a dollar or two. Some folks may feel that $5, $10, $20, $50 or $100 will help even more — and it will. Please don’t take this site or the news you get here for granted. It costs big money to run this web site and radio show and without YOUR help, it simply cannot exist. Please take a second and donate HERE.

Moreover, a very significant number of employees/officials inside the US State Department have coordinated activities the likes of which will make the American people recoil in horror. In fact, I was explicitly told

“Foggy Bottom (the nickname for the State Dept.) is turning out to be THE epicenter of evil for a lot of things . . .”

Worst of all, some of the Signals Intelligence grabbed-up certain well-known individuals inside the US Department of Justice. What these people have done will no doubt smash the reputation of the legal system for decades. Not only are some people inside the Justice Department going to prison, their liability for things they’ve done WITHOUT AUTHORIZATION, will expose them to personal liability which will utterly destroy them and their families civilly.

At the highest levels of these intercepts are allegedly names like Soros, Rothschild, and very recognizable others.

Russian President Vladimir Putin and United States President Donald Trump, met in Helsinki, Finland early this week, for about two hours privately. No staff. No aids. No media.

During that meeting, Putin laid out the inner workings of the vast global network of “elites” and the activities they have engaged in to bring wars, refugees, all manner of social and political chaos to countries around the world, much of it in the USA. Russia even provided charts showing “organizational” structures (which are not really “organizations” but more defacto operational realities); who is tasked with what topics or activities, how much they have been paid and by whom.

Actual copies of communications and Signals Intercepts with descrambled recordings of phone calls, descrambled “secure” fax transmissions, descrambled encrypted emails. Vast reports on money transactions via wire transfer, control numbers, account names, amounts, dates, purposes . . . and the recipient info too.

In total, more than 160 TERABYTES of this type of data was given to President Trump in the form of 1 Terabyte USB Flash Memory Drives. The USB drives are DataTraveler® HyperX® Predator 3.0 USB Flash drives which hold 1 terabyte of data each.

The level of criminal conspiracy is so enormous, and the global scale and reach of these efforts is so gigantic, it boggles the mind.

Bankers and titans of industry are also involved. I can also report that Union bosses figure prominently in the intercepts.
BREXIT

The opposition to BREXIT is being funded and orchestrated by people on BOTH SIDES of British politics and the motivation is two-fold: They want Britain to remain in Europe to lessen its power and, they HATE the Royal Family.

According to the information given to me, some of the most virulent Torie “Remainers” joked with like-minded Labour members about “looking forward to the day when Britain sheds it archaic Monarchy and comes under total rule by the EU.” These are ELECTED officials who are literally trying to destroy the sovereignty of their own country!
The Clintons

Turns out, Bill and Hillary have been under surveillance since Bill was first elected President in 1992. Almost EVERY dirty deal, alleged shake-down, alleged kick-back, and some things described to me as “the ultimate acts (plural) of nefarious nature” are all neatly recorded and indexed by Russia. Now, I’m told, President Trump has it all.
Closely Guarded Secret Work

Trusted elements inside the Trump Administration (who have been sworn to absolute secrecy, even ordered to flatly DENY the very existence of this material in order to maintain security) are being tasked to sort through, analyse and catalog all activities turned over by Russia; paying particular attention to any activity which resulted in violence, death or property damage, so as to be able to criminally prosecute ALL the Conspirators based on any end-result violence or property loss/damage. Whether the Conspirators intended such acts or not, the acts themselves “were a foreseeable consequence” of their efforts, thus making them ALL guilty.

Working from the top, these trusted elements inside the Trump Administration will take each effort and follow it down to the end results, documenting any acts of state-level violence, which thereby makes ALL participants in that entire effort subject to Conspiracy charges. Conspiracy is the likely charge as opposed to bringing Racketeer Influenced Corrupt Organization (RICO) cases, because RICO cases require predicate felonies which often had not occurred.

I asked if any of this evidence can actually be used in court since none of it was obtained via Warrant? I was told that ALL of it is admissible because the United States did not solicit the information and had no part in it being illegally obtained! Thus, there is no “fruit of a poison tree” to block admissibility!

Hal Turner Commentary

Literally HUNDREDS of ultra-wealthy and/or very high profile people are about to have their entire existence caught-up in the wheels of justice.

And as a person who has been caught-up in the wheels of justice myself, I can tell you those wheels may turn slowly, but they GRIND UP everything and everyone they encounter.

I am not yet privy to particular facts or incident covered by this material. I am told to expect to get information, but no time frame was told to me.

It seems as though the Putin-Trump meeting in Helsinki has, in fact, become the worst nightmare of a whole slew of people.

Prior to the summit, many people took extraordinary efforts to try to derail the meeting altogether.

After the meeting, those folks and their minions are making enormous noise about anything they can.

They’re worried they’re caught. They think they might be caught. I can report tonight, they are right to worry; they ARE caught!

They think that creating distractions through scandals will prevent them from being held accountable. It won’t.

The jig is up. The dominoes are about to fall.

Some of these people would do well to get their affairs in order and commit suicide. Because when the truth comes out about what they’ve been doing, and the things they’ve done, their world will be smashed by the legal system. Their entire existence, their fortunes and their family name will be ruined forever.

PROGRAMMING NOTE: This will be a major topic of discussion on WEDNESDAY, June 18, from 9:00-11:00 PM eastern US time (GMT -0400) on “The Hal Turner Radio Show.” You can listen via radio or right here in the Internet as the show airs LIVE. To tune-in by radio, select either WBCQ or WRMI worldwide shortwave. WBCQ transmits with 50,000 watts on frequency 7.490 AM. WRMI transmits with 100,000 watts on frequency 9.455 AM. To tune-in here on the Internet, click the LISTEN LIVE button in the menu bar above the main news section. Those links DO NOT GO LIVE until about one hour before my show begins. During that hour, I stream commercial-free music until my show starts. Don’t miss this extraordinary broadcast!

Pay Attention! Look at the money trail AFTER the foreclosure sale, by Neil Garfield


Pay Attention! Look at the money trail AFTER the foreclosure sale
Posted on July 3, 2018 by Neil Garfield
https://livinglies.wordpress.com/2018/07/03/pay-attention-look-at-the-money-trail-after-the-foreclosure-sale/

My confidence has never been higher that the handling of money after a foreclosure sale will reveal the fraudulent nature of most “foreclosures” initiated not on behalf of the owner of the debt but in spite of the the owner(s) of the debt.

It has long been obvious to me that the money trail is separated from the paper trail practically “at birth” (origination). It is an obvious fact that the owner of the debt is always someone different than the party seeking foreclosure, the alleged servicer of the debt, the alleged trust, and the alleged trustee for a nonexistent trust. When you peek beneath the hood of this scam, you can see it for yourself.

Real case in point: BONY appears as purported trustee of a purported trust. Who did that? The lawyers, not BONY. The foreclosure is allowed and the foreclosure sale takes place. The winning “bid” for the property is $230k.

Here is where it gets real interesting. The check is sent to BONY who supposedly is acting on behalf of the trust, right. Wrong. BONY is acting on behalf of Chase and Bayview loan servicing. How do we know? Because physical possession of the check made payable to BONY was forwarded to Chase, Bayview or both of them. How do we know that? Because Chase and Bayview both endorsed the check made out to BONY depositing the check for credit in a bank account probably at Chase in the name of Bayview.

OK so we have the check made out to BONY and TWO endorsements — one by Chase and one by Bayview supposedly — and then an account number that might be a Chase account and might be a Bayview account — or, it might be some other account altogether. So the question who actually received the $230k in an account controlled by them and then, what did they do with it. I suspect that even after the check was deposited “somewhere” that money was forwarded to still other entities or even people.

The bid was $230k and the check was made payable to BONY. But the fact that it wasn’t deposited into any BONY account much less a BONY trust account corroborates what I have been saying for 12 years — that there is no bank account for the trust and the trust does not exist. If the trust existed the handling of the money would look very different OR the participants would be going to jail.

And that means NOW you have evidence that this is the case since BONY obviously refused to do anything with the check, financially, and instead just forwarded it to either Chase or Bayview or perhaps both, using copies and processing through Check 21.

What does this mean? It means that the use of the BONY name was a sham, since the trust didn’t exist, no trust account existed, no assets had ever been entrusted to BONY as trustee and when they received the check they forwarded it to the parties who were pulling the strings even if they too were neither servicers nor owners of the debt.

Even if the trust did exist and there really was a trust officer and there really was a bank account in the name of the trust, BONY failed to treat it as a trust asset.

So either BONY was directly committing breach of fiduciary duty and theft against the alleged trust and the alleged trust beneficiaries OR BONY was complying with the terms of their contract with Chase to rent the BONY name to facilitate the illusion of a trust and to have their name used in foreclosures (as long as they were protected by indemnification by Chase who would pay for any sanctions or judgments against BONY if the case went sideways for them).

That means the foreclosure judgment and sale should be vacated. A nonexistent party cannot receive a remedy, judicially or non-judicially. The assertions made on behalf of the named foreclosing party (the trust represented by BONY “As trustee”) were patently false — unless these entities come up with more fabricated paperwork showing a last minute transfer “from the trust” to Chase, Bayview or both.

The foreclosure is ripe for attack.

Spread the word

Iowa Supreme Court Rules Civil Forfeiture Laws Violate Fifth Amendment, Upholds Pleading The Fifth


May 30, 2018 @ 02:02 PM 23,367
2 Free Issues of Forbes
Iowa Supreme Court Rules Civil Forfeiture Laws Violate Fifth Amendment, Upholds Pleading The Fifth
https://www.forbes.com/sites/instituteforjustice/2018/05/30/iowa-supreme-court-rules-civil-forfeiture-laws-violate-fifth-amendment-upholds-pleading-the-fifth/#3d1978161655

Institute For Justice
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Nick Sibilla Nick Sibilla , Contributor

The Iowa Supreme Court struck a blow on Friday against the state’s civil forfeiture laws, which allow the government to permanently confiscate property without ever filing criminal charges. In a unanimous, 33-page ruling, the court strengthened the constitutional protection against self-incrimination for owners fighting civil forfeiture, revived a motion to suppress evidence, and rejected a tactic commonly used by prosecutors to prevent owners from being awarded thousands of dollars in attorney’s fees.

Iowa has been a surprising hot spot for civil forfeiture, ensnaring motorists, professional poker players, and an entrepreneur who ran a Mexican restaurant for almost four decades. The state even rewards the aggressive pursuit of forfeiture cases: Police and prosecutors can keep up to 100 percent of the proceeds from forfeited property. Little wonder then that forfeiture has become quite profitable for law enforcement. An investigation by the Des Moines Register revealed that Iowa law enforcement agencies had taken over $55 million in cash and more than 4,200 vehicles since 1985.

Spurred by these abuses, last year, Iowa legislators strengthened due process protections for innocent owners, and required a criminal conviction to forfeit property valued at under $5,000. Although Iowa’s conviction threshold is the lowest of the 15 states with a conviction requirement, in 2015, data analysis by the Institute for Justice found that only 14 percent of Iowa’s cash forfeitures topped $5,000. Friday’s ruling should further curtail civil forfeiture.

The case began when Jean Carlos Herrera was driving from New York City to Los Angeles in September 2015. While Herrera was passing through Pottawattamie County, Iowa on Interstate 80, he was pulled over by Sergeant Kevin Killpack for going four miles over the speed limit. During the stop, a drug dog alerted to the car. Without Herrera’s consent, Killpack searched the Expedition, but only found some tools, a cell phone, a hollowed-out ice cream machine, and a Pelican case that “contained drug paraphernalia and remnants of marijuana.” No other drugs were found.

Killpack cited Herrera for speeding but never charged him with a crime. Yet that didn’t stop the sergeant from seizing the car, a 1999 Ford Expedition registered to Herrera’s friend, Fernando Rodriguez, and all the equipment inside.

Less than a week after the Expedition was seized, Rodriguez hired an attorney, who promptly emailed Pottawattamie County that Rodriguez was fighting back as an “innocent owner.” Rodriguez’s attorney also noted that under Iowa law, the government must pay attorney’s fees to property owners who win their civil forfeiture cases. He also noted that “the fees are going to be greater than the vehicle value, so this might be one to let go.”

Soon after, Sergeant Killpack applied for a warrant to search possible hidden compartments within the vehicle, based on the fact that Rodriguez had hired an attorney. According to Killpack, “it does not make financial sense to spend a significant amount of money, in attorney fees, in an attempt to reclaim a vehicle worth $2,132,” which in his mind meant that “there is something much more valuable still inside the vehicle that has not been found by law enforcement in the initial search.”

A district court granted the warrant, though, as the Iowa Supreme Court noted on Friday, Killpack’s warrant application “failed to mention that Rodriguez had argued he was entitled to attorney fees from the State as an innocent owner.” On his second search, Killpack found and seized almost $45,000 in cash hidden inside a false compartment.

In October, prosecutors filed a complaint to forfeit the cash, the car, and the rest of the property taken during the traffic stop, claiming that the property was “drug proceeds” or “used in the transport of drugs.”

The two men (who were now represented by the same lawyer) filed an answer together that stated they had an interest in the seized properties and demanded their return. Herrera also invoked the Fifth Amendment and refused to completely comply with the state’s disclosure requirements.

Under state law, property owners who want to reclaim their seized property must fully disclose “the nature and extent” of their interest in the property, as well as “the date, the identity of the transferor, the circumstances of the claimant’s acquisition.” Refusing to comply can result in the property forfeited to the state. Yet those forced disclosures may reveal information that could incriminate the owner or trigger a perjury trap, which would violate the Fifth Amendment.

Writing for the majority, Justice Thomas Waterman noted that Iowa’s forfeiture laws burden owners with a “difficult choice between asserting [their] privilege against self-incrimination or foregoing [their] claim for return of the contested property.”

As Waterman recounted, Herrera omitting that information was “fatal to his claim:” The district court ruled that Herrera’s reply was not a proper answer and so he was not entitled to a forfeiture hearing.

But on appeal, the Iowa Supreme Court overturned that ruling, and held that “assertion of the Fifth Amendment privilege against self-incrimination excuses compliance” from Iowa’s disclosure requirements for civil forfeiture claims. “The court may not enforce the specific disclosure requirements…over the claimant’s Fifth Amendment objection,” Waterman ruled.

Friday’s ruling also revived Herrera’s motion to suppress evidence, which the district court had dismissed as well. Both the Iowa Supreme Court and U.S. Supreme Court have ruled that the “exclusionary rule,” which prohibits the government from using evidence that was not lawfully obtained, applies to criminal prosecutions and civil forfeiture proceedings.

In this case, Herrera claimed that the stop, search, and seizure of the car violated the Fourth Amendment and should be suppressed accordingly. Justice Waterman ruled that “the district court must first rule on motions to suppress evidence before resolving forfeiture claims,” since that ruling “determines what evidence the state can rely on during the forfeiture proceeding.”

The court’s ruling should strengthen safeguards for property owners facing civil forfeiture. According to Dean Stowers, who represented Herrera and Rodriguez, “this decision will require the state to establish the legality of the seizure” before the state can attempt “to forfeit property or to compel persons to answer questions about their property.”

A representative from the Iowa Attorney General’s Office said they were “still looking at the possible impact of the ruling” and declined to comment further.

“It appears that we followed the forfeiture rules as they existed at the time, and we argued that the claimants did not follow the rules,” said Pottawattamie County Attorney Matt Wilber. ”The District Court and Court of Appeals agreed with our position. The Iowa Supreme Court has now ordered that they are changing the rules, so we’ll all follow the new rules.”

As for Rodriguez, five months after the state filed its forfeiture complaint, prosecutors decided Rodriguez could get back his Ford Expedition. His attorney then filed to recover nearly $9,000 in attorney’s fees and expenses, which, under Iowa law, are owed to prevailing parties. But because the state dropped its forfeiture case just before a court hearing, the district court ruled that Rodriguez didn’t actually prevail because he didn’t technically win on the merits in court.

Justice Waterman rejected this argument wholesale:

“Rodriguez sought to prevent the State from taking permanent possession of his vehicle. He fulfilled his primary objective of getting his vehicle back after months of contested litigation against the State. On this record, we hold that Rodriguez is a prevailing party even though the district court did not expressly find that he was an ‘innocent owner.’”

Moreover, Waterman noted that fee awards “help level the playing field for persons contesting government seizures,” as they “incentivize attorneys to represent citizens seeking return of their property from the government.”

The Iowa Supreme Court’s ruling contrasts starkly with the U.S. Eighth Circuit Court of Appeals, which covers Iowa. In 2016, the Eighth Circuit considered the case of Carole Hinders, who ran Mrs. Lady’s, a cash-only Mexican restaurant in Arnolds Park, Iowa. Based simply on the way she deposited her cash, in spring 2013, the IRS raided Carole’s entire business checking account—almost $33,000. The IRS accused Carole of “structuring” her deposits, or deliberately keeping her deposits under $10,000 to circumvent a reporting requirement. She was never indicted.

Institute for Justice

Carole Hinders.

With help from the Institute for Justice, Carole fought back. In October 2014, The New York Times ran a front-page story on her case. That prompted the IRS to announce it would “no longer pursue the seizure and forfeiture of funds associated solely with ‘legal source’ structuring cases.” Less than two months after the Times article was published, federal prosecutors dropped the case against Carole’s cash.

Under the federal Civil Asset Forfeiture Reform Act, property owners who “substantially prevail” in their civil forfeiture cases are entitled to interest as well as attorney’s fees and costs. Considering that she recovered her cash and even sparked a policy shift at the IRS, Carole believed she had “substantially prevailed.” Unfortunately, in 2016, the Eighth Circuit ruled that she did not, and instead held that “a voluntary change on the part of a defendant, even if it resulted in the outcome sought by the plaintiff, ‘lack[ed] the necessary judicial imprimatur’ to authorize a fee award.” With this ruling, the Eighth Circuit upheld a loophole for the government to skip out on paying hefty attorney’s fees to innocent property owners.

But with the Iowa Supreme Court’s decision, owners fighting forfeiture in state court now have an easier time to be made whole than if their exact same case were in federal court. One Des Moines-based forfeiture attorney told the Des Moines Register that the new decision should deter the government from seizing property, since prosecutors “risk not only the return of the property but a significant attorney fee as well.”

“The Iowa Supreme Court’s ruling is another potent reminder that the best way to prevent abusive seizures is to end civil forfeiture once and for all,” said Institute for Justice Senior Legislative Counsel Lee McGrath. “Iowa legislators should follow the lead of counterparts in North Carolina, New Mexico and Nebraska and replace it with criminal forfeiture.”

This post has been updated to include comment from the Pottawattamie County Attorney.