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Recap and Announcement

Updated: Feb 2016:  forgot to provide the new website mentioned below.  It is www.testingmaryland.com  Please visit, and let us know what you think.

 

This site was dedicated to learning about and exploring the truth concerning one person’s experience with another. The site expanded in ways that we didn’t originally plan for, and it wasn’t long before we outgrew the original intent while simultaneously reaching our goal. This site focused on one person, and what they were able seemingly able to achieve.

We originally sought to explore the following with our Pisces, Gail R. Proctor:

Here are the posts that have been done, that address each of the subject areas.

It all surfaced on mortgage applications for houses that were secretively in bankruptcy:

http://www.tocatchafish.net/being-stuck-in-fraud/

 

Which led to the REAL fake husband of Ms. Gail Renai Proctor’s that appears to be:  http://www.tocatchafish.net/bah-fraud-solve/

 

Which led to finding this:

http://www.tocatchafish.net/she-claims-she-is-married/

http://www.tocatchafish.net/mr-black-will-be-turning-60/

 

Is there disability fraud going on?

http://www.tocatchafish.net/maryland_and_full_disability/

 

False claims of Florida residency in order to avoid paying Maryland taxes

http://www.tocatchafish.net/maryland-tax-evasion/

 

Continuing to operate a business in Maryland without paying its MD personal property tax or filing a company tax returns with IRS

http://www.tocatchafish.net/md_corp_fraud/

 

Making false statements in order to try to quiet someone who knows your Federal fraud:

http://www.tocatchafish.net/pretend_victim/

 

Committing Bankruptcy fraud (same old pattern of fraudulent statements):

http://www.tocatchafish.net/bankruptcy-fraud/

 

The original questions we sought to answer were:

1) How easy is it for someone to defraud the Federal Government for years undetected?

2) Is it possible for someone to create a person out of thin air and get financial benefit from it for years?

3) Can a person take paperwork from a Federal agency, and submit an altered version of it to a related State agency, undetected, and get financial benefit?

4) Can a person claim a disability that doesn’t exist, and get paid for it?

5) How easy is it to conceal assets, stockpile money and give false statements on your Federal bankruptcy schedules under the alleged “penalty of perjury”?

6) How easy is it to claim that you live in a State that has no income taxes, in order to avoid paying taxes in another State where you do live (that has taxes)?

 

Clearly, the problem isn’t just the person who is doing the acts, but the people who help enable it and the systems that allow it. Hence, the creation of a new site with a new purpose! Stay tuned as we finalize that site and its’ contents. We will make the announcement on this one, and link the two of them together.

Crying “Wolf”, and the Documents That Called Her Bluff

 

Initially, it seemed like a cut-and-dry case of a woman veteran experiencing an unthinkable act of hatred by the hands of a horrible patron. The story of Dayna Morales, a gay former Marine and New Jersey restaurant worker, quickly spread on social media and in the news as people were simultaneously appalled and quick to believe her story. As the STORY goes, a customer allegedly refused to give her a money tip but gave her a tip about the reason why. Morales put a picture of the receipt, with the written “tip”, up on the internet. As sympathetic people rallied around her with their words and money, she raised the stakes a notch by claiming she was going to give a portion of the money she was receiving to the Wounded Warriors Project.

But wait! Days later, the family came forward to NBC4 to produce their copy of the receipt that showed that a money tip had been left for Morales. Although the story UPDATE reports that the family said it “…shows they paid a tip and didn’t write any such note”, their receipt wouldn’t show the note part since it is not a carbon copy of the merchant copy. The family showed their credit card statement which showed the total charge, which included a tip. When called to the carpet by the news station, the restaurant manager and owner wouldn’t produce the receipt that would have shown what got written.

But wait! More days went by, and an investigation ensued. That’s when things got really interesting. A source in the Pentagon confirmed that she had been dishonorably discharged from the Marines. A previous co-worker of Morales was contacted, and reported that she had suddenly quit her job at some point after having told co-workers that she had brain cancer. Apparently, the chic thing to do these days is to use a real or imagined medical ailment in order to gain sympathy and monetary benefit. No one thought that this sort of thing was only going on in the DMV area, but the similarities between this story and the Proctor/Jareaux story in Maryland are striking.

Documents tell stories, and the ones that are proven to be false and fabricated tell an even bigger story. People tell lies for reasons. Some are better at the game than others. Great job to the family that called this woman out on her lies. Morales is now being quiet. With all eyes on her now, her silence is telling a story also.

MjAxMy05OTI2YTVjZTkwZjdjNDU5Card can be found at the following location:

 

 

 

 

What Does ‘Secret Clearance’ Really Mean?

Rachel Maddow, on her MSNBC show, said it best tonight when she talked extensively about the flaws in the background checks system in our country. The topic of the Federal “security clearance” is a hot one right now, due to the recent shooting rampage that happened at the Washington Navy yard. When such senseless acts of violence happen, most people ask questions in order to try to make sense of it. Along with the obvious question of “why did he do it?”, many citizens and lawmakers are asking how it could happen.

In the USA, there are 3 generally recognized levels of security clearance: confidential, secret and top secret. Most of our Federal government agencies use the SF86 to start the process. The applicant completes the form, submits it, and then an investigative agency is charged with the task of confirming the validity of the information that the applicant reported. It is generally known that the system relies on applicants to self-report honestly, and applicants sign their name and certify that their answers are true. A “knowing and willful false statement” can be punished by fine, imprisonment or both. Our government relies on the honor system of all who seek the clearance.

Once a person has successfully navigated the clearance process, they also agree to subject themselves to periodic reinvestigations in order to keep their clearance. The reinvestigation time will depend on the type of clearance they have.

You can see by looking at the actual SF86 the areas of interest that will be checked. Your financial history, employment history and family information are just a few topic areas. It’s not uncommon for neighbors, family members and friends to be interviewed in the process.

Since the investigators are supposed to be checking multiple databases and agencies in order to create or confirm the picture that the applicant is attempting to paint of themselves, what can be said about the thoroughness of that process if information blatantly slips through it? Can’t say that it isn’t possible, because as the following story shows, BOTH the Navy Yard shooter and Edward Snowden both had their background checks done by the same company. Click HERE

A security clearance, at least on the surface, gives people the indication that the person with the clearance can be trusted. If the clearance process and investigation is done thoroughly, it could weed-out people who are supposed to be trusted to be honest, forthright and trustworthy. When it comes time for the reinvestigation, the fact that the person has clearance in the first place often provides a false sense of security which leads to complacency. That leads to missed opportunities for mistakes and misdeeds to be caught. Those misdeeds, mistakes and downright fraud costs ALL of us in the end. If the Navy Yard shooter can fail to report a gun arrest on his background check forms, and still get his clearance, and a person can report that they are “married” (and get Federal financial dollars for years as a result) to someone who doesn’t actually exist, what does that say about the integrity of our clearance process? Huh, an investigator who admitted to having ‘investigated’ a person who had been dead for 10 years? (see recast of Rachel Maddow show). If a person lies on their form, that should send a flag about the person. Period. C’mon guys!

http://www.washingtonpost.com/politics/after-navy-yard-shooting-vets-fear-crackdown-on-security-clearances-will-unfairly-hurt-them/2013/09/20/43cf64d0-2206-11e3-a358-1144dee636dd_story.html

http://www.usatoday.com/story/news/nation/2013/09/17/navy-yard-shooter-security-clearance-contractors-shocked/2827665/

http://www.federaltimes.com/article/20130922/PERSONNEL01/309220005/Background-checks-under-scrutiny-after-Navy-Yard-shooting

http://www.latimes.com/nation/la-na-clearance-shooting-20130919,0,2925033.story

http://www.wjla.com/articles/2013/09/government-background-checks-for-security-clearances-unreliable-review-finds-94289.html

To Be Or Not To Be (in existence)

Thanks to everyone who helped to spread the word and bring our page count to 10,000! We appreciate all of the support, information and encouragement we have received. Due to a recent question asked on the site regarding a company’s ability to continue to transact business despite not legally existing, we thought that it would be this week’s topic of discussion.

So here is the situation: the company, Proceaux Properties, LLC was formed in 2004 by Gail R. Proctor and Marlena C. Jareaux. The company was formed in order to essentially process the rent payments of the tenants of the houses owned by the two homeowners, and pay for their associated expenses for those houses out of the same bank account. It was thought that business might get to the point where the company could actually purchase properties in its own name one day, but that day never came because the partnership was dysfunctional and non-working. Here are the original incorporation papers for that company:

 

Download (PDF, 66KB)

With those papers and an employer identification number from the IRS, a business checking account was opened in 2004 at Suntrust Bank. A company’s legal right to do business in the State of Maryland is contingent on it complying with rules. In Maryland, a company has to keep a resident agent registered with the State, and it has to file the appropriate personal property tax form each year. If those things are not maintained, the State will change the corporate entity’s status to “not in good standing”. If the personal property tax form is not timely filed, the State will institute a department forfeiture against the company. The entity is then “forfeited” and is no longer a legal entity in the State.

A few things were done regarding Proceaux Properties, LLC. First, Ms. Proctor resigned as the resident agent in June of 2011. This was done in the same month that she stopped using the rent monies to pay any of the mortgage obligations for the rental properties in Baltimore city. Once an LLC loses its legal right to do business in Maryland, it also loses its right to uphold a lawsuit. So in the case of Proceaux Properties, LLC, she instituted a new resident agent. Both of those forms are here:

 

Download (PDF, 61KB)

 

Download (PDF, 81KB)

You can see and download all of the above forms by going to this website  http://sdatcert3.resiusa.org/ucc-charter/CharterSearch_f.aspx and simply put in the name of the company. You actually can do this for ANY business in Maryland.

All was apparently well, until it was time for the 2012 personal property tax required filing. What you won’t see here on this site, because we can’t put it up, is that the FINAL Federal tax return was filed for the company in mid 2012 for the tax year 2011 by Ms. Proctor!! That would mean that there is no return for 2012 and will be none for 2013. Mortgages weren’t being paid, foreclosures had been filed for a few of them by the lenders, yet tenant rent payments were still being deposited monthly into the company Suntrust Bank account controlled solely by Ms. Proctor. If you go to the website above, search the company “proceaux properties” and click on “personal property”, you will see that no personal property return was done for 2012 or 2013 as is required.

Once it was actually learned that a FINAL Federal return was done for Proceaux Properties, LLC, it was verified by Marlena with the IRS, and the EIN for the company was closed. No EIN, no legal entity. So how is it that Ms. Proctor continues to collect tenant rent payments each month even now in August of 2013?

§ 4A-919. Penalties for transacting business.
 

(a)  Misdemeanor; fine.- Any person that transacts business in the name or for the account of a limited liability company knowing that its right to do business in Maryland has been forfeited and has not been reinstated is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500. 

(b)  Prosecution.- A prosecution for violation of the provisions of this section may not be instituted after the date articles of reinstatement of the limited liability company are filed. 

 

It will come as no surprise to any visitor to this site that our fish is (still) breaking the law. There is ONE signer on that Suntrust checking account for Proceaux Properties, LLC- Gail Renai Proctor. Income is not being reported to the Internal Revenue Service (sounds like more tax evasion), and business is being done by her each month in the State of Maryland despite the company having no legal standing to be in any contract bearing its name. Note to the tenants: you are paying an entity that doesn’t exist and if anything goes wrong, you have no entity to pursue in a court action (that may have been the plan). Note to Suntrust Bank: is what you’re doing somewhat equivalent to allowing money-laundering? Seems so to us. Note to MD and US tax authorities: don’t you wonder if there’s any (more) money that you may be missing? Maryland, you are missing $600 and in a few months, it will be $900. Let us guess: you don’t have a way of checking to see if an LLC continues to operate despite its forfeiture, and you’re relying on the honesty of its owners? Hmmm. Who knew it was so easy to operate a business in MD under the radar and avoid paying State fees?

 

IS Maryland Missing More Money?

All homeowners in Maryland are assessed a tax on their property every year. The SDAT website has this to say about the property tax:

“Counties and cities depend on the property tax and a portion of the income tax to make up their budgets. The property tax makes up about 30% of the average county budget and over 35% of the average city budget. State government is primarily funded by the income tax and the sales tax.” You can read more by going HERE

Depending on where you live, your tax amount is calculated by taking the assessment of your home’s value and applying the tax rate to it in accordance with where the property is located. For every $100,000 that a property is valued, the taxes on it could be about $1000. So for a property valued at $300,000, it could be around $3000 per year. The actual property tax bill would give the exact numbers.

Someone asked the question on this website about Ms. Proctor’s annual property tax bill which was reading at Zero. We have to thank you for bringing this to our attention, because we too now have questions about it. How fortunate for her to not be assessed thousands of dollars each year on her house in Baltimore city. Geez, years without paying Maryland income taxes and then years of not having to pay the annual property tax bill! How much financial prosperity can one person have?

Well, it turns out that Ms. Proctor has somehow qualified for a complete exemption of her full annual property tax due to her alleged status of 100% disability. In Maryland, a veteran can get a break on their property tax bill, but not for a partial amount. Here’s what we mean: if you have a 50% disability, you won’t qualify because the State doesn’t give 50% breaks (unfortunately, we think). So for all of you veterans who have served our country and have a 25%, 50% or even a 75% service-related disability, Maryland won’t give you any tax break. Here is the actual form that the veteran has to complete:

 

Download (PDF, 137KB)

How do we know that Ms. Proctor got this 100% rating? Look no further than the courthouse mentioned extensively on this website, where you will find the document that she completed, and then search the net for confirmation. To make things easier, we’ve put them here for you. First, her completed form that she evidently submitted to the Supervisor of Assessments office:

 

Download (PDF, 177KB)

It does have a signature from Veteran’s Affairs, but through an investigation, we have learned that the Baltimore Veteran’s Affairs office used rubber stamps for the signature of “Cheryl Flohr” that you see on the form. Hmm, surely one doesn’t just need a rubber stamped signature to get a full exemption from the personal property tax do you? Well no, the form does actually state that the veteran needs to submit a copy of their DD-214 along with the form. Okay, now we’re getting somewhere. Fortunately for us, we have Gail Renai Proctor’s DD-214 that was provided courtesy of a FOIA request. And here it is:

Download (PDF, 733KB)

Wait! Do you see what we see? At the bottom, in box #23? It indicates that the separation was a result of “retirement”. So, no mention in any way, shape or form of a medical discharge? No mention of anything medical except for the dental information contained in the #18 block. Surely you can’t be diagnosed as 100% disabled (and PTSD at that) as a result of some dental issue, can you?

So WHO exactly is it that would have written “post traumatic stress disorder” on that Maryland exemption form, and WHERE did they get their information?

Before you say “maybe the form wasn’t approved”, we will offer this: a link was found on the internet that takes you to the minutes for the Board of Estimates hearing that was done years ago when Proctor first requested this exemption. HERE is the link, and on page 28 you will find that “..she meets the status of a disabled individual..” according to what she provided to them. Below is the actual page.

Download (PDF, 43KB)

There must be a DD-214 that reads “medical discharge” somewhere out in the universe, though we don’t know where it would have come from. We couldn’t help but notice that box #30 of the DD-214 contained a request for a “copy” of the very form that would have needed to be submitted both to the veteran’s STATE VA office, as well as to the Maryland Assessor’s office. We assume that the tax exemption form was checked by someone at the State for accuracy, but who knows. And we assume that the Maryland VA office would have checked to ensure that the DD-214 copy that they received was the same as the one contained in the vet’s personnel records. But as usual, one and one does not equal two when we are looking at things related to the statements and finances of this fish, “under penalty of perjury”.

Note to the State of Maryland: you might want to go directly to a National Veteran’s Affairs source in order to corroborate any allegation of service-related 100% PTSD made by someone who was a “flight attendant”. You should be able to rely on the honesty of people, but some just aren’t. And a note to the US Government: unless your paperwork is inaccurate, and (if it is) her 100% PTSD rating extended back to the 90s, does it somehow explain the creation of a fictitious husband that SHE believes is real? Maybe!!

What do YOU think?

More Fraud In Maryland

We all have other taxes to pay. Yes, there are Federal taxes to pay. And if you live in a State that has income tax, then you have those to pay as well. Usually there is also a component to your State tax that will also include a local tax, if you live in an area that has one. Those are the ones that most people know about. Today, we are going to discuss another set of taxes that exist in the State of Maryland.

One is the recordation tax that you pay when you purchase a house in Maryland. This tax is imposed along with a transfer tax, and is collected at the settlement table or by the attorney handling the transaction between a buyer and seller of real estate. The paperwork that relays all of the information related to the transfer is recorded in Land Records for the county where the property is located. The money ultimately benefits the specific county. It is therefore important that we all pay our fair share.

When a person is a first-time homeowner in Maryland, they are entitled to a significant tax break. The purpose is to encourage home purchasing and ownership, which is designed to boost the local economy by bringing tax revenue to the State and the local county. The money that is saved by designating yourself as a first-time homeowner is significant, and depends on the purchase price. For more information on the tax break, see this form:

Download (PDF, 41KB)

Though a person can and may certainly move from one house to another, you can only technically be a first-time homebuyer in Maryland ONE time. To be clear, it is certainly possible to buy a home in Maryland and then buy another house years later and opt to use the tax credit on the 2nd purchase. You just can’t do it if you already did it previously. Rather, you aren’t supposed to be able to do it. That would mean getting the credit TWICE, which was never the intention of the law that was made to provide the tax credit. Looking at the form, mention is made of a statement “under oath” that the buyer is supposed to sign stating that they meet all of the qualifications. Is it possible for someone to cheat this system?

Without oversight, it apparently CAN be done where a long-time Maryland resident purchases property and receives the tax credits TWICE. Purchase a property in 1993 as your principal residence in Prince George’s county as evidenced HERE (the reference to 13-203 on the first page refers to the credit)

 

Download (PDF, 833KB)

and then purchase a property in 2006 while attesting via affidavit that you have “…never owned in the State of Maryland residential real property that has been the undersigned’s principal residence.” Hmmm. Not entirely true, is it? Notice the “under penalty of perjury” reference? See for yourself on page 4 of the attachment below.

Attention State of Maryland: you are losing money by not having a system that checks to ensure that people are PROPERLY taking the tax credit. Is your computer software not catching it, or is there a person in each county that should be checking to verify accuracy (and honesty of purchaser) who isn’t doing it? How much money are you missing as a result? Yes, the purchaser should be a person of integrity, but when they are not, what then?

Avoiding Maryland Taxes With Fraud

State taxes. Many of us have them. We try to minimize them as best we can, to keep as much money as the law will allow in our pockets. There are many ways that a person can legally write-off expenses and deductions to change AMOUNT DUE to REFUND DUE. We all pay our fair-share of these taxes, so that the streets can be paved, schools can be kept open so that kids can thrive, and community services can be maintained. These services require tax money in order to operate, and without it, budgets are cut (with services therefore cut).

For the men and women in our armed forces who legitimately claim to be domiciled in or residents of States that do not have State income tax, ‘good for you’ that you get to take advantage of this benefit. Examples of such States are:

  • Alaska
  • Florida
  • Nevada
  • South Dakota
  • Washington

For this post, we are strictly going to talk about Maryland. According to the Comptroller of Maryland website (found HERE), a person is a “resident” if:

“Your permanent home is or was in Maryland (the law refers to this as your domicile). OR your permanent home is outside of Maryland, but you maintained a place of abode (that is, a place to live) in Maryland for more than six months of the tax year. If this applies to you and you were physically present in the state for 183 days or more, you must file a full-year resident return.”

The issue of “domicile” comes into play, and fortunately, the State of Maryland issued an Administrative Release that covers the matter thoroughly. You can find that writeup by clicking HERE or by reading the PDF below:

Download (PDF, 48KB)

In the military, a person can have a legal residence, which can be different than their ‘home of record’. Home of record is where they were when they enlisted or re-enlisted, and legal residence is where they conduct business and intend to live when they retire or leave the service. It is their permanent home, demonstrated by the activities they have already conducted and continue to conduct.

According to the linked website, a person can change their legal residence by completing a DD Form 2058. On that form is that all-too-familiar wording: “I certify that, to the best of my knowledge and belief, I have met all the requirements for legal residence or domicile in the state claimed above and that information provided is correct. I understand that the tax authorities of my former state of legal residence or domicile will be notified of this certificate.” Hmmm.

Supposedly, the military is REQUIRED to make sure that a servicemember isn’t changing their legal residence in order to avoid taxation. There are people whose jobs it is to answer such questions, when/if asked. You can see that written HERE. We found an Air Force writeup on legal residence, written by 1st Lt. Nicole Naeser that can be found HERE.

INTENT means everything, and one of the strongest ways to show it is with where you actually live and by where you register to VOTE. For those in the military, the Servicemember’s Civil Relief Act allows them to do all of their residency things in the place where they have legal residence, as opposed to where they may be stationed (since that may frequently change).

So what would be the chances that 3 or more people who have ALL worked on the same Air Force base in Maryland, would ALL be registered to vote in the SAME Florida county for years? What if ALL of them owned houses in DC or Maryland, had cars registered there also, lived and worked in DC/MD, had spouses residing in DC/MD, and had DC or MD driver’s licenses the entire time?

Maryland tax evasion is a fraud of another sort, but one that will be explored via this site as additional information is obtained. Finding legitimate ways to lower your taxes is fine. CREATING a fictitious life to try to justify having NO taxes, is FRAUD (and greedy). Do YOU have information that can help? You know who we’re looking for, and you know where to cast your line if you know something that can help: fishy(at)tocatchafish.net

It is a CRIME, after all

It is a CRIME, after all

Mystery of “the husband” has been solved!

We thought it fitting that today, July 3rd, be the day to announce that we have concluded the search for the extremely elusive Christopher Anthony Black. Initially and according to reports, there was allegedly a person with that name born in South Carolina on July 3, 1953 with parents named “Charlie” and “Ijetta”. We have to thank the two people who really came through for us and did an exhaustive search for this man who allegedly professed his love to his bride at the Little White Chapel in Vegas back in February of 1994 (and supposedly lived in Temple Hills, MD with her while she did her thing nearby at Andrews AFB).

Turns out that there are some people of note that share that same birthday. A few:

Bob Carrington played in the NBA for the Clippers

Richard Michelson is a poet and children’s book author

The bassist Chubby Jackson had a son, Duffy Jackson, who was a drummer for Count Basie

NY Appellate Court Judge James McGuire

 

Our search for the name “Saulters” in South Carolina initially proved disappointing. There are 10 of them, according to whitepages.com:

Download (PDF, 103KB)

“Ijetta” is, as it turns out, an extremely RARE first name. Doing a Google.com search yields this one: CLICK HERE

 

But when a very helpful and resourceful person started REALLY digging, she found that low and behold there IS actually an “Ijetta Saulters” who walked the face of the Earth! And guess what? She DID have a son who was born on July 3, 1953! And that’s not all. She DOES have a husband named “Charlie”! AND, they all spent some time in South Carolina! Unfortunately, her son’s name was NOT Christopher Anthony Black. But she does have a son whose first name IS Christopher. And the best news is, she is STILL living, right in our Nation’s capitol! What luck!

Wasn’t it written somewhere else on this website that within every great lie is a shred of truth?

The person who really is “Christopher Anthony Black” was contacted, a few times in fact, in the hopes that he would come forward with the truth, or at least act surprised that his identity seems to have been utilized to perpetrate fraud against multiple levels of government and people. There are now a few agencies that have been made aware of this issue, along with the supporting documentation to go along with it. Those watching this site already know WHO the “husband” is. On this, his 60th birthday, he has the ability to make his hands clean with this matter and make ‘right’, what has been wrong for far too long. There are at least 3 people who appear to be involved with this mess, all previously working on Andrews AFB, but that number may possibly rise with the continuing investigation. There are far more people looking to uncover the extent of this sham, than there are those trying to keep it hidden. As was promised with the launch of this site: the TRUTH will be set free!

Happy Birthday to ALL who were born on this day! Especially you, “Christopher”!

happy bday3

Is It Ever Okay To Lie Under Oath?

know anyone who does this?

know anyone who does this?

Many stories have been written about lying and making false statements. Part of the purpose of this site is to showcase this issue, in the hopes that maybe (at least in our corner of the world) we can make a difference. Today’s post is going to be focused on the words “under penalty of perjury”. It’s a common phrase that is found on many State and Federal forms.

In the State of Maryland, those words can be found on the Finance Affidavit that is completed and submitted in conjunction with the purchase or refinance of a home. The document starts “I/We certify, under the penalties of perjury, that the following are accurate responses…”. And prior to your signature, it reads “I/WE understand that if I/WE fail to truthfully answer or provide information to avoid collection of County Transfer and State Recordation Tax, I/WE may be found guilty of a misdemeanor…”.

Those words can also be found on the First-Time Maryland Home Buyer Affidavit that is also used in conjunction with home purchases. This form is used to qualify the purchaser to NOT pay a significant amount of money to the State for what would have been their share of the recordation tax. That form starts with “BEFORE ME, a Notary Public of the State and County aforesaid, the undersigned, made oath under the penalties of perjury that the information provided below is true to the best of the knowledge, information and belief..”.

And then, a Refinance Affidavit, that again uses the “penalties of perjury” language when certifying that the property being refinanced is indeed the principal residence of the borrower.

Moving into other arenas, the Baltimore City police website declares: “Warning: Filing a false police report is a crime and will be prosecuted.” It is also a crime to make a false statement to a law enforcement officer, a false statement to a housing agency,

In the Petition for Peace Order, another Maryland form, it reads “I solemnly affirm under the penalties of perjury that the contents of this Petition are true to best of my knowledge, information and belief.” There is also an Application for Statement of Charges, which provides the same basic language for the person alleging that a crime was committed against them.

Moving into the Federal realm, there are alleged penalties for perjury in the bankruptcy arena. 18 U.S.C. 152(3) covers “omission of assets on bankruptcy petition and schedules”. When filing for bankruptcy protection in general, you are asked to complete a Statement of Financial Affairs. It’s extensive, and contains 11 pages. And on the final page, we find “under penalty of perjury”. It also contains some of the stiffest language we’ve encountered thus far: “Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to five years, or both.”Here, see for yourself:

Download (PDF, 40KB)

WOW! We are definitely deterred by that, but we wonder how many people STILL risk it and do it anyway?

Same for that DD Form 2656 that asks people who are retiring from the military to certify “under penalty of perjury”. Penalty on that one states that it is “not more than $10,000 fine, or five years in prison, or both.” See for yourself:

Download (PDF, 21KB)

So, the natural question is, what happens when someone DOES execute multitudes of documents that carry this same seemingly stern warning about a sometimes stiff “penalty of perjury”? If it was found that a person did do that, is it an indication that the person doesn’t know the difference between what is truth and what is false, or could it be a generalized disregard for the risk of actually incurring any penalty?

Here’s a link to the US Attorney’s Criminal Resource Manual which shows how a sample indictment would read for poor John Doe who was suspected of omitting assets from his bankruptcy schedules. Wonder how many of these indictments have actually been issued? If anyone has an idea, please post so we can know.

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00849.htm

Next topic: lawyers, ethics and their duty

When their financial nightmare becomes yours

saddest thing

There are a couple of things that just haven’t added up. First, in looking at one of the last loan applications completed for a Suntrust loan on 601 N Ellwood Ave in Baltimore city, you will see that both borrowers indicated that they were “single”. You’ll see that on page 1 attached:

Page one of loan app

Then, moving onto page 2 is where it was disclosed to the Suntrust loan officer (and signed off on settlement day) that something called “BAH” was extra income for borrower 1:

page two of loan app

And then, well you can see the date that this particularly loan application was completed, which was in June of 2006:

page three of loan app

Ok. So, now comes the tricky part. In those documents received from the FOIA request from the military, there appears to be some confusion as to whether or not Mr. Black is still the spouse. See for yourself. On this first page, the box for item 14 where it asks for “marital status” is checked “single”. Jumping down to box #22, Christopher’s first and last name are typed into block “a”, but block “b” (darn) has no social security number (do you have one?). See:

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And then, on the back side of the document, block #29 has typed into it “Estranged from spouse address unknown”. Block #30 requests the signature of Mr. Black because it asks for his permission so that the retiree can waive his right to retirement benefits and give them instead to the two beneficiaries listed on the first page. Likely, the form couldn’t be submitted without Mr. Black’s signature (or was rejected because they were making payments based on him being supported by those BAH payments). Anyway, Mr. Black indeed ended up coming to his wife’s rescue and being able to be located, signed the form in March 2006, and had a friend or buddy “James Miller” who lived in Florissant, MO, witness his signature. Clues as to where we may find Christopher Black, finally! James Miller is SUCH a common name, but there is a specific address listed on the document, see:

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Now, we are dealing with the US Government here, so I notice that there is a statement before the signature for the retiree that reads “Under penalties of perjury, I certify that the number of withholding exemptions claimed does not exceed… and that all statements on this form are made with full knowledge of the penalties for making false statements (18 US Code 287 and 1001 provide for a penalty of not more than $10,000 fin, or 5 years in prison, or both).” The Federal statute involves “false, fictitious or fraudulent claims”.

Why is this post referring to a financial NIGHTMARE, you ask? Simple. When one files in the Federal court, seeking protection from creditors, it is a right, but it’s also a privilege. See, if you want to get that protection and be able to discharge the debts that you no longer want to pay, the trustee relies on you being HONEST about those debts as well as your true ability to pay them. Can’t hide assets, can’t fail to disclose income or hide money, can’t transfer money for a time period before you file, can’t ring up credit card debt knowing what you are about to do (file), and you can’t discharge debts that were incurred as result of your FRAUD (whether false pretenses or actual fraud). See:

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At the same time when those loan documents were being executed with someone declaring to be “single”, monies that were based on being “married” were being declared on them in order to qualify for those mortgages in Baltimore city. Wonder if those seven loans would have been approved without that extra money factored into the equation? A case of:

Too late now

Too late now

 

So boys and girls, the lesson for today is what we will call the “Three Cs”. Just as you should be careful who you get into bed with, you should also be very Careful, Cautious and Check who you get into business with. For if you don’t, you may find yourself wishing that you could be free of the nightmare of dealing with them, only to realize that the nightmare is only beginning!

In keeping with the theme of this website: we’re looking for anyone at Suntrust Mortgage who CARES (oh, another “C”!) about this who can tell us the truth. Yes, there are foreclosures all around the country, but can you tell us for sure whether or not you plan on pursuing your rights to NOT have these debts discharged in bankruptcy? Inquiring minds wanna know!