-Caveat Lector- (If it can happen in the City of Angels, then it more than likely is happening in some of the many other jurisdictions throughout the Nation.) Emotionally >...distraught litigants are questioning whether a cozy financial >connection between judges, attorneys and some court-appointed >professionals in the City of Angels is affecting the outcome of their >cases. Bard Visit me at: The Center for Exposing Corruption in the Federal Government http://www.xld.com/public/center/center.htm Federal Government defined: ....a benefit/subsidy protection racket! -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Randy L. Trochmann Sent: Friday, April 16, 1999 12:17 PM To: [EMAIL PROTECTED] Subject: [mom-l] FWD: Utterly Corrupt Judges Subject: Fw: Utterly Corrupt Judges Date: Sun, 11 Apr 1999 23:03:26 -0500 From: "john ray" <[EMAIL PROTECTED]> To: "John Ray (C)" <[EMAIL PROTECTED]> -----Original Message----- From: Jack Perrine <[EMAIL PROTECTED]> To: Distribution List Suppressed (E-mail) <[EMAIL PROTECTED]> Date: Sunday, April 11, 1999 2:29 PM Subject: Utterly Corrupt Judges > > >Is Justice for Sale in L.A.? >By Kelly Patricia O'Meara >Insight > > > An alleged slush fund for the L.A. Superior Court Judges >Association is at the heart of a scandal involving possible income- >tax evasion and gifts that may affect judges' rulings. > >Child-custody cases always are heart-wrenching, but a three- >month probe by Insight has unearthed an added twist for parents >with cases before the Superior Court in Los Angeles. Emotionally >distraught litigants are questioning whether a cozy financial >connection between judges, attorneys and some court-appointed >professionals in the City of Angels is affecting the outcome of their >cases. Friends of the court are concerned that, at the very least, >there is a strong appearance of impropriety. > >. . . . Private bank accounts that benefit judges are at the heart of >this brewing scandal -- one that state and local agencies resolutely >have failed to investigate, adding further suspicion. Bank accounts >funded in part by fees from local lawyers and others involved in >the family-court system are troubling litigants. Many feel it is >impossible to know whether they're facing a judge who has >benefited financially from an attorney appearing before the court. > >. . . . Former presiding judge Robert Parkin tells Insight that an >account critics dub a slush fund is nothing more than "coffee-and- >flowers" cash for the Los Angeles Superior Court Judges >Association, or LASCJA. But documents obtained by Insight show >the bank account served a great many purposes and that the >judges' association, a private organization, did not pay taxes on >funds run through the account for the benefit of its members -- >who also would be subject to taxes. > >. . . . Law-enforcement sources are nervous and concerned about >the LASCJA accounts. They and county officials tell Insight not >the least of the concerns is that for years county employees, paid >by the taxpayers, were at the same time working on the LASCJA's >books. This is because before filing for federal tax-exempt status in >late 1997, the LASCJA was using the federal employer- >identification number, or EIN, of Los Angeles County, which in >turn covered the fact that the judges were not paying taxes on the >outside income they moved through their association. > >. . . . "On the face of it, there appear to have been one or several >laws that may have been broken, but without specific information >it is impossible to know what statutes are applicable," says Beth >Miller, a spokeswoman for California Secretary of State Bill Jones. >At the federal level a spokesman for the IRS who declined to be >named said that an act of this nature "may fall under Section >72.061 of the tax code -- fraud and false statements." > >. . . . How much money is involved? Plenty. Just one of the >LASCJA Bank of America account statements shows this alleged >"coffee-and-flowers" fund with a balance of $110,000, according >to copies secured by Insight. > >. . . . Parents with business before the Superior Court say they feel >caught in a web of judicial deceit that borders on an organized >racket. But for years their requests for an investigation fell on deaf >ears, as elected officials and law-enforcement agencies did >nothing. Enter Marvin Bryer, a retired computer analyst in La >Crescenta, Calif. > >. . . . Bryer became ensnared with the family-court system after his >daughter, Karen, was faced with losing custody of her 2-year-old >son. Having spent nearly $100,000 on attorneys and research fees, >Bryer took matters into his own hands and has been campaigning >for a probe of a system that he claims "purposefully profits off the >conflict of the families in litigation." He says, "I felt violated, >almost numb, when I learned that the judges were making money >through the child-custody system. The judges have too much >power, and nobody is monitoring these guys." > >. . . . In July 1994, Bryer challenged the internal finance auditor of >the family court, Gregory Pentoney, to turn over all records of >donations to the court from members of the Los Angeles County >bar. It was in those records that he found two "donation" checks >totaling $6,750 to the judges' fund, requisitioned through the bar >association by the mother of the man Bryer's daughter was >resisting in her custody case. This was regarded as compromising >family-court judges in Los Angeles County from hearing the case >and it was moved to Orange County. > >. . . . According to a statement by Robert M. Mallano, the >presiding judge of the Superior Court in 1993 and 1994, the funds >being deposited into the account were not payments from lawyers >and other court personnel, but "contributions made by judges to >the association." If so, were these earned funds on which taxes >were not paid, and what did the judges do to earn these monies? >Moreover, other funds also were deposited in the LASCJA >account. In a deposition taken in response to a case in which >Mallano was asked to disqualify himself due to his possible >financial interest, Mallano provided a sketchy picture of how the >funds were raised for the LASCJA. > >. . . . "Judges often participated on their own time in writing >articles for various bar groups and assisted in lawyer-orientation >programs, seminars and the like with various bar associations. >Often when judges declined payment for these services, the bar >associations made donations to the judges' association," Mallano >said. Former presiding judge Parkin confirms Mallano's >explanation of the LASCJA account to Insight, adding, "I think >one judge edited a book or something and contributed the $20,000 >he made into the account." According to Parkin, taxes never were >paid on any of the funds going into the account. > >. . . . Parkin and Mallano's description ignores a great deal of >money moved to the LASCJA accounts -- from direct payments >by attorneys and other court personnel for minimum continuing >legal education, or MCLE, classes to assorted "seminars" >conducted by Superior Court judges -- according to copies of >banking records obtained by Insight. > >. . . . The process by which the checks were being collected and >deposited into the judges' account raises still more questions about >the LASCJA and highlights the perceived conflict that arises from >the judges' financial relationship to other child-custody >professionals who work for the court. > >. . . . Dozens of checks, obtained by Insight, deposited in the >LASCJA account were made out to several other institutions, >including the Judges Miscellaneous Expense Fund, the Judges >Trust Fund, the Family Court Services Special Fund and the >Family Court Services. These organizations are not registered with >the IRS or the California State Franchise Tax Board, and if the >Bank of America has accounts for any of them, the checks were >not deposited in those accounts. > >. . . . Not only were attorneys who argue cases before the family >court making payments to the judges' fund, but so were the court >monitors -- appointed by the judges and paid a professional fee of >as much as $240 a day as observers during child visitations. These >monitors qualify for their jobs by paying to take a training and >certification course from the judges, with the check going to the >fund, whereupon they are placed on the exclusive list the judges >use when assigning monitors. > >. . . . The Los Angeles County Bar Association's contributions to >the fund were payments to the judges run through a joint >partnership with the court on MCLE classes. They split the >proceeds from legal and professional seminars. > >. . . . So, in addition to the ethical issues involved in how the bank >account has been maintained, its funding also raises numerous >legal issues, according to attorney Richard I. Fine, a taxpayers' >advocate. "If a private group [the LASCJA] is using a public >building and everything associated with that private group is being >paid for with taxpayers' dollars, then it is clearly fraudulent," Fine >contends. He adds that "unless the public entity has passed an >ordinance specifically allowing the private group to exist and >specifically stating that the public will bear the costs -- separate >phones, leasing office space, furniture, computers, etc. -- then it >should be paid for by the private organization." > >. . . . According to Fine, "If the judges have provided false >information on official financial statements submitted to >government agencies or financial institutions [the Bank of America >account], then they have defrauded the Internal Revenue Service >and the county and the people of Los Angeles by receiving tax- >free status under fraudulent means. ... This would be the same as >if a person lied on their tax return. It is incredulous to me that >something like this could have happened and the IRS, state >attorney general, county district attorney and auditor have not >acted over all these years." > >. . . . Yet that is what appears to have happened. In 1996, when >Bryer first brought the matter to the attention of Alan Sasaki, the >auditor/controller of Los Angeles County. Sasaki's office >conducted a "limited review" of the checks paid by the bar to the >judges and determined that those two checks Bryer was >questioning, totaling $6,750, should have been deposited into the >county treasury. > >. . . . However, rather than requesting that the judges return the >money to the treasury, Sasaki's office merely suggested they "take >corrective action to ensure future revenue from court-sponsored >events is deposited into the proper accounts." Without full >disclosure of the LASCJA books and bank records, it is impossible >to know how much money belonging to the county has been >siphoned into the judges' private account, critics note. > >. . . . Alf Schonbach, manager of the finance, accounting and >internal-audits section of the L.A. Superior Court, has overseen >the LASCJA account since 1992. He now tells Insight he paid no >attention to whom the checks were being written. Schonbach says, >"Somebody on staff collected the checks from the attorneys at the >door during the weekend seminars and kept them in a safe box >over the weekend. Then they'd bring them into the office, and then >we would deposit the checks into the LASCJA account." > >. . . . Despite the fact that Schonbach and his staff managed all >aspects of the judges' account and regularly received account >statements from the Bank of America, which in turn printed the >county EIN at the top of the statements seen by Insight, he says he >had no knowledge the judges were using the county of Los >Angeles EIN to avoid taxes. > >. . . . Tyler McCauley, Los Angeles County's assistant auditor, also >tells Insight he was not aware the judges had been using the county >EIN, although the county "has an agreement with banks to notify >them when someone is using the number." He explains that "the >Bank of America never brought this to our attention." > >. . . . Although the auditor's office knew since at least 1996 that the >LASCJA was using the county EIN, no administrative or legal >action was taken. And despite the serious repercussions of having >unknown entities randomly using the county's tax-exempt number, >Sasaki seems unconcerned. "The fact that they are using our EIN >is an issue with the IRS, not an issue with us," he says. > >. . . . Sasaki's response did not surprise Bryer. "Every time I'd go >to a law-enforcement agency or county representative to file a >complaint, they'd tell me to go to some other agency. All you get is >a big runaround with no one willing to help." A dozen county, >state and federal agencies have had the opportunity to do >something. The list reads like a Who's Who of law enforcement, >beginning with the judges themselves: the Los Angeles Police >Department, or LAPD; the bunco and forgery unit of the LAPD; >the county Sheriff's Department; the district attorney; the city >attorney for Los Angeles; the county of Los Angeles auditor and >assistant auditor; the county treasurer; and the state attorney >general. All failed to act. > >. . . . Bryer also has met with representatives of the U.S. >Department of Justice, Republican Rep. James Rogan's staff, the >FBI and the IRS. The IRS couldn't comment to Insight because it >is prohibited from releasing information about complaints -- >including information as to whether a probe has been opened. > >. . . . Nathan Barankin, a spokesman for California Attorney >General Bill Lockyer, says of Bryer's complaint, "The request has >been reviewed by the city of Los Angeles attorney and the county >of Los Angeles district attorney, but no one has asked us to do our >own investigation." He adds, "We have only been asked to review >their decision, not to move forward on the request. > >. . . . Such a response suggests the attorney-general's office is >making it clear that the Los Angeles district attorney and the city of >Los Angeles attorney have taken the position that there has been >no criminal wrongdoing on the part of the LASCJA. Attorney >General Lockyer, however, was unaware of a March 3, 1999, >preliminary investigation by the bunco unit of the LAPD in which >Luis Lopez, an investigator for the city attorney's office, admitted >to Bryer that he was directed not to initiate the crime report and >was ordered to shred documents related to his investigation of >LASCJA. Lopez refused to comment for this article. > >. . . . Perhaps the stonewalling and apathy Bryer has faced from >these agencies may be attributed to the fact that many of them are >carrying on similar practices, he and others believe. Running >private corporations inside the public sector is quite the accepted >practice among Los Angeles officials, Insight learned. And many >of those corporations are linked to the very agencies that reviewed >the LASCJA. > >. . . . For example, the IRS has Certified Public Accountants Inc. >at the address of the district office of the IRS. The IRS refused >comment. The Association of Los Angeles City Attorneys Inc. >operates at City Hall, where Chief of Criminal Division Maureen >Siegel says she was not aware it is listed. The Association of >Deputy District Attorneys Inc. is run out of the Criminal Court >Building, where Bill Ryder, who handles its accounts, says he is >unaware of any rules concerning operation of a private corporation >inside public buildings. Gil Garcetti, the district attorney of the >county of Los Angeles, has two associations incorporated out of >his offices in the Criminal Court Building. These are the District >Attorney Crime Prevention Foundation and the Special Assistance >for Victims in Emergency Inc. Spokeswoman Jerri Patchett claims >these corporations were authorized by the Board of Supervisors >and information about them is sent to that board annually. > >. . . . In order to get control over the ever-increasing nonprofit >corporations popping up inside public buildings, the Los Angeles >County Board of Supervisors established guidelines for >foundations, requesting that they report the amount of staff time >spent working for the organization and the value of government >office space, supplies, etc. Of the above corporations, only the >District Attorney Crime Prevention Foundation has listed itself >with the Board of Supervisors. > >. . . . "The entire concept of family law," says Bryer, "is that it is to >operate in the best interest of the children. But the fact is that court >personnel are making a living by decimating the bank accounts of >the litigants, which ultimately destroys the quality of the child's >life." Bryer is referring to the excruciating process litigants are >forced to endure in order to prove they are worthy of retaining >custody. Here's an example of what may be requested of such >litigants in Los Angeles: > >. . . . If a divorcing couple is unable to come to an agreement on >the custody of their child, the court has the power to require the >couple to attend mediation sessions with a court-appointed >marriage counselor who attempts to resolve custody differences. > >. . . . During these court-ordered sessions, mediators have the >authority to demand that one, or both, of the litigants submit to >tests, including drug testing. If a judge believes additional tests are >necessary, litigants may be subjected to psychiatric evaluations or >face losing their child. Once custody has been decided, the litigant >who loses custody becomes the noncustodial parent and the judge >determines the financial payments that must be made to the >custodial parent. > >. . . . At each step of the process, both litigants are forced to pay >thousands of dollars for the services demanded by the court, not >including the fees each side already is paying attorneys. But the >child-custody cash register doesn't stop ringing. The system >continues to rake in money for its swarm of support personnel >long after custody has been awarded. > >. . . . In the case of the noncustodial parent missing payments, >collection is turned over to the Bureau of Family Support, or BFS >-- in Los Angeles District Attorney Garcetti's office -- which >becomes the collector and distributor of the noncustodial parent's >payments. For years, however, complaints have been raised about >Garcetti's alleged mismanagement of the BFS, and currently >14,000 families are owed nearly $25 million that Garcetti has >collected but refused to pay. > >. . . . With information generated by Insight's investigation into the >family-court system, a lawsuit was filed by taxpayers' advocate >Fine on Feb. 19 on behalf of John R. Silva of Sylmar, Calif., an >aggrieved parent. Although Silva has made child-support payments >since 1984, Garcetti's office sent him a letter in late 1997 advising >that his payments were in arrears to the tune of $64,000. Garcetti >began garnishing Silva's paycheck, despite the fact that Silva had >documentary evidence both that all payments were received by >Garcetti's office and that they never were forwarded to the >custodial parent. Garcetti's office is trying to make Silva pay a >second time and, in one instance, has left him with only one dollar >of his pay. > >. . . . The Silva lawsuit seeks to require Garcetti immediately to >distribute the millions in child-support payments he has been >holding. Bryer is hopeful that the lawsuit will provide an opening >for investigation of the whole child-custody system. "The >mishandling of the child-support payments," says Bryer, "is just >one more outgrowth of a broken system that begins with the >family court. It's time for the unholy financial relationship between >the judges and other court professionals to end, and the lawsuit >filed against Garcetti is as good a place as any to start." > Jack Perrine | Athena Programming | 626-798-6574 >_________________| 1175 N Altadena Dr | ____________ >[EMAIL PROTECTED] | Pasadena CA 91107 | FAX-398-8620 > > -- Join the Militia of Montana Email Alert List by sending a message to: <[EMAIL PROTECTED]> with the words "subscribe mom-l" in the body of the message. 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