Category Archives: Bankruptcy Fraud

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.

Sham Marriage and Bankruptcy Fraud

This was an interesting story that came out that we think is complementary to the focus of this site. It’s a story of a woman, Gabriela Rosa, who was a public servant, who faked her marriage to get something from the US (in her case, it was citizenship). Back in the 90s she perpetrated a fake marriage. Was there something in the water in the 90s that made people think it was okay to fake marriages? She was able to fly under the radar for many years, which also seems to be prevalent. And she also committed bankruptcy fraud for giving a false amount of income on her bankruptcy schedule. This seems to also be something that people think they can get away with. She seemed to believe that she wouldn’t have gotten caught had it not been for her being a public official, which we don’t agree with.

 

Short post this time, but it speaks for itself. Fish do get caught when they find themselves to be trapped in nets that they weren’t paying attention to. At least her husband was a real person.

Bankruptcy Attorneys Being Naughty

I don’t think that anyone truly thinks that fraud and actions to cover up fraud don’t exist in our world. I myself have spent many times around the watercooler at my job, talking with co-workers about the lengths that people go to in order to make it that their illegal actions don’t see the light of day. What we are blown away by are stories where attorneys are doing the illegal activities to help their client who has been fraudulent in the first place. The last blog post sparked our interest in these sorts of situations.

And they do happen.

The good news for those of us who think there is no hope for a system where these things are tolerated by the very officers who are entrusted with the care of that system, is that they often times get caught. That is the subject of my post: those naughty bankruptcy attorneys.

Federal Rule of Bankruptcy Procedure 9011 provides guidance about an attorney’s filings:

“The attorney “is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances” that the information presented by the attorney to the court is such.

So you can’t just upload things just because you feel like it, and you can’t to purposefully cause delay, and you can’t to try to increase the cost of litigations, and you can’t make allegations unless you have evidentiary support for them. So actually I wrote it wrong to say “you can’t”. You CAN, but doing so will subject you to sanctions, and a nice big fat Order for Show Cause that starts the ball rolling. Bankruptcy courts can impose sanctions in three situations: where papers that are submitted demonstrate factual frivolity, legal frivolity, or where papers are submitted for an ‘improper purpose.’ Attorneys have been penalized by the bankruptcy court for their actions.  THIS case involves sanctions against an attorney who advised their client not to disclose assets. And THIS case shows the importance of the attorney having information to back up their claims, and what happens when your client contradicts their facts to save themselves.
At all times once an attorney is retained as their counsel, it is THEY who are running the show and are responsible for authenticity of information on schedules. It doesn’t work to say you believed what your client told you about the amount in their accounts or their income amount, if you don’t get the statements to corroborate what they’ve said. Attorneys are responsible for doing discovery on their clients’ information BEFORE filing things in the court about them. Not that you can’t do that, but if you do, it is your ass in the sling swinging in front of the Judge at your Show Cause hearing. It’s also a no-no to repeatedly submit unconfirmable plans (see Dahlgren v. Palone case), and to do so in a deliberate attempt to multiply or delay proceedings subjects the attorney to sanctions also. It’s a privilege to operate in the court, and if you abuse it by being negligent, too bad for you (see Thao Tran).

Finally, it’s worth mentioning that an attorney’s show cause hearing isn’t the place for them to lie about what or why they did what they did. Ask Kathy Cruz, who put wrong information on schedules that affected funds available to creditors, mischaracterized monies in order to obtain confirmation for their client, and then made misrepresentations in her show cause hearing to the Judge about her actions. Fines, mandatory reeducation and suspension of practice for 6 months. Was that little money your client gave you really worth all of that, Kathy? Kathy isn’t alone. If attorneys think they can get one over on a determined Judge, just look at this case, also found on the internet, involving what at first was an attorney not using Federal upload system in accordance with the Rules:

Download (PDF, 127KB)

There is a blog post found HERE, where an attorney asks “what has happened to honesty in the Bar, for Pete’s sake?” We applaud any avenues that exist to bring out and showcase the fraudulent behavior of clients hell-bent on committing bankruptcy fraud, and their attorneys who are determined to “win” by any means necessary to help them.  At some point, it becomes clear that your client is committing fraud, and an attorney that keeps walking beside them to help them do it… well, hopefully they don’t mind their character and reputation being judged accordingly.  Birds of a feather, do tend to flock together!

We Would All Hide Assets And Ride Off Into the Sunset of Retirement

That’s what the U.S. Attorney said to the jury for the trial in Federal court of a woman charged with committing Social Security and Bankruptcy fraud. What follows is a writeup of a woman who was caught doing the very things that I’ve seen happen in a bankruptcy case that I am involved in. I have been wondering what the possible penalties are for people who actually get caught and charged, and the story of Sheryl Bruner provides some guidance.

Poor Bruner. An upstanding woman who was receiving disability pay and trying to be a good citizen, but whom was overwhelmed with her bills and debts. She filed for bankruptcy protection to try to get that “Fresh Start” that all Americans are entitled to seek. Only, Bruner wasn’t the poor soul that she painted herself to be in her bankruptcy petition.

I’ll let you read the linked story found on Fraud of the Day’s website, found HERE, to read Larry’s take on the story. She was running companies, lying on her Social Security recertification statements about her activities, and concealing assets such as a TD Ameritrade account; a stash of money in her house; bank accounts not on schedules, assets not disclosed, etc. Ah, so people DO get charged with bankruptcy fraud for doing those things! When I read about her car, paid for in cash, I almost thought I was experiencing dejavu! When I read that she thought she didn’t have to disclose things about her assets and activities that were involved with her LLC, I knew it was dejavu.

Gotta love when someone tries to throw their attorney under the bus by saying that they did something or filed something that they weren’t aware of (which is malpractice). Gotta love even more the prosecuting attorney who plays an audio tape of the debtor’s statement in their meeting of creditors that confirms what all debtors are asked: did you see, read and sign your petition? YES, she did. And no Sheryl, it doesn’t work to try to allege that your lawyers were shady if you didn’t complain to what is known here in Maryland as the Attorney Grievance Commission. Her lawyer, who tried to “defend” his client by essentially defaming her bankruptcy counsel, said that he was doing so because of his obligation to his client. The U.S. District Judge that heard the case was not convinced, reporting that she was going to investigate the matter and hold the defense attorney accountable for his actions.

Apparently, Ms. Bruner thought she could try to hide behind the fabricated actions of someone else in order to try to cast doubt regarding what were HER fraudulent actions. Pay attention: it is the debtor’s responsibility to ensure that the information contained on the bankruptcy petition is correct prior to the attorney uploading it to the Federal docket. The attorney only knows what their client tells them, which is why they are supposed to get the statements from the client that shows the truth. If a client decides to withhold info from their lawyer, then it is the CLIENT who is committing fraud. Doesn’t matter if you amend your schedules later to add things because you found out that questions were being asked. That’s called Trying to Feign Compliance After Your Crime. The jury didn’t buy it, and it took about two hours for them to convict her. You can read HERE for another perspective about this story.

The U.S. Attorney said that the woman “never misses an opportunity to game the system”. Unfortunate that she had to put her retirement and freedom at risk by being so greedy. More unfortunate that she, like others, think they can continue to use that same system to try to get them out of the trouble resulting from that gaming/fraud. Larry wrote “Compulsive lying got this fraudster into a heap of trouble that will most certainly give her plenty of time behind bars to work on breaking her bad habit.” In my experience with someone with similar tendencies, some habits can’t be broken. Especially if the person has no remorse, and believes that they only thing “wrong” is that they got caught.

For those that asked for information regarding the fraud charges Bruner faced, here is the indictment:

Download (PDF, 298KB)

And here is more about her seized money, and what she tried to do with it:

Download (PDF, 223KB)

 

You can find more about her various filings in her defense of the charges by doing an internet search. You will see them all.

It is STILL the case that…

We can all help one another stop bankruptcy fraud

What price would YOU pay for bankruptcy fraud?

This segment reports on the antics of Steven K. Zinnel, who got himself into serious trouble when he planned and decided to commit bankruptcy fraud.  Bankruptcy fraud isn’t such the big story with this case, but what is interesting is the way that his fraud got detected and the fallout from it.  First, some backstory.

Mr. Zinnel went through a horrible divorce and child support battle with his now ex-wife.  Mr. Zinnel was a businessman with significant holdings and assets, but he wanted to control how much of it would be given to his ex-wife or kids.  Essentially, he didn’t want to be told by the State court how much of his money would be given for his obligations.  So what did he do?  He filed personal bankruptcy.  Best way to get protection is the Federal kind, while in bankruptcy.  Because of the nature of the relationship between he and his ex, she knew information about his holdings, and he knew that.  She wasn’t going to make it easy for him to just screw her and the kids out of what would rightfully be theirs otherwise.

Here’s where it gets interesting.  Zinnel decided, along with his attorney, Derian Eidson, that they would set up trusts and companies in a way that would shield his assets from detection from the bankruptcy trustee.  He put property into other peoples’ names both before and after his bankruptcy too.  THAT, is a no-no.  Zinnel apparently made it clear in the divorce case that he believed he could conceal his true financial picture in order to avoid his financial obligations (his kids).  He wanted a little bit of help to achieve his goal of getting his wife off his trail, so he did what anyone would do: he contacted the FBI.  His ex was making things uncomfortable for him by requesting records about him, so he decided to make things uncomfortable for her.  He asked the FBI to investigate his ex-wife for requesting the records.   According to THIS write-up on the story, “According to papers on file with the court, when agents followed up on Zinnel’s call to the FBI, his own bankruptcy crimes were discovered.”  According to the write-up by TIME found HERE, Zinnel’s BK judge noted that, “having roused the beast, like the professor in Frankenstein, [Zinnel] was soon fighting off his own creation.”  It took a while, but the FBI was able to piece together his asset transfers, saw the sources of his income that he didn’t declare, and found the proof of his various bankruptcy frauds.

Oh, and let’s not forget about his female lawyer that put her own credentials on the line in order to assist her client with his fraud.  Difficult to imagine that an attorney would be so focused on winning for their client, that they would be willing to lie for them and help them commit fraud.  Clean hands doctrine, anyone?  Eidson was convicted of one count of conspiracy, and one of attempting to commit money laundering.  She also had to forfeit assets due to her conduct.  One has to wonder how much her integrity was bought for, assuming she had it to begin with?

 

Zinnel tried to appeal his bankruptcy, but it got stayed until after the criminal proceedings were completed.  You can read about that by going HERE.  Zinnel’s Judge had this to say: [“You don’t lie before a court of law,” Judge Nunley admonished Zinnel. “You don’t continue to lie, which is what you did.” Judge Nunley found that Zinnel’s gifts of being articulate and charismatic were used toward promoting Zinnel’s “own selfish ends.”]  Federal prosecutors had this to report in their filed briefs: “[Zinnel] showed his true nature: ‘hateful, vindictive, and incorrigible,’ read the court papers.  More on that HERE.

Zinnel got fined that $500,000 that is mentioned on nearly all of the bankruptcy paperwork that debtors have to acknowledge.  He also ended up having to forfeit almost $3 million of his assets to the government, and let’s not forget the time that you do for doing the crime that you did: more than 17 years!  Here’s a copy of the Prelim Order:

Download (PDF, 192KB)

We asked on this site, “can you make someone do the right thing?”. We were writing about our Pisces, Ms. Proctor.  We certainly hope she is reading this post, along with her attorneys.  This story is directly relevant to her, and she (and they) certainly know why! It’s time to be honest. Even Teresa, from the Real Housewives of New Jersey is doing it. SEE?

 

More found below:

http://www.justice.gov/usao/cae/news/docs/2013/07-2013/07-17-13Zinnel.html

http://www.sacbee.com/2014/03/05/6210229/man-who-hid-assets-in-divorce.html

give a chance

A Site Recap for Newbies

The site has expanded in ways that we didn’t originally plan, and since we have more planned for 2014, we wanted to pay homage to our original goals in order to do a check to see how we’ve done.

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

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)?

And here are the posts that have been done, that address each of the above 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/

This one was a bonus, not on our original list.  Maryland First-Time Homebuyer fraud:

http://www.tocatchafish.net/fraud-in-md-again/

 

This is meant to be a recap for those who want to quickly know the main focus of this site.  More to come! Thanks for sharing us with your friends, and we appreciate your comments.

finding facts

When Perpetrators Pretend to be Victims

Some of you have emailed asking for the next installment of the continuing saga. Here it is:

An investigator that I know told me recently that when solving crimes, he looks into the victim’s background for clues, looks into who would benefit from the crime that was committed, identifies who had the opportunity, and in cases of theft, looks at who had the knowledge that was needed in order to pull it off. He also told me that when people are nervous that they might be questioned about the opportunity aspect, they often times fabricate an alibi to support the notion that they were somewhere else. The same can be said when someone is trying to paint a picture that they were the victim. Weird right? Who would want to make themselves appear to be a victim?  And why?

In trying to make some sense out of events that have happened in my life over the past 2-3 years, I have consulted with various people from all sorts of professions. Victim playing and self-victimization is apparently a very real phenomenon, and I’ve included some reference links of it below for the readers. It got me thinking about some of the experiences that I have encountered that have had me scratching my head trying to decipher.

My ex, Gail R. Proctor, attempted to obtain a peace order against me. In response to threats that I felt I received, random and unexplained issues of security at my home, and after receiving information from Sprint that my personal cell phone account records had been stolen from an online account that wasn’t under my control (resulting in my having to change the provider and number), I felt it wise to try to get a peace order also. I suppose we both ultimately wanted PEACE. Though the one that I filed has been shielded from public view by Ms. Proctor’s petition (though always available to law enforcement along with all of my police reports about it), I purposefully have NOT petitioned for hers to be removed so that everyone can prominently see it. It is case number 0101SP082202012 and I believe it to be a symbol of victim-playing at its’ finest (now that I know what it is). She also responded to my peace order subsequently with a filing that contained specific references to my petition.

A few of the highlights: she stated that she believes the following statements that I made for my peace order were false:

*That I came home to find my garage door open and interior vulnerable (unless she was there, how would SHE know that I didn’t?)

*I told officers that I feared for my safety due to written documentation submitted by Proctor that she had a .25 caliber Beretta (yep, that’s right, that was done, I told police, and I feared for my safety)

*I told Proctor and her attorneys that I was cooperating with agencies in their investigations of her (again, yes it is true and there were 2 additional witnesses to it. Incidentally, just because one wasn’t aware in 2012 of any investigation doesn’t mean that one or two weren’t operating in the background).

*I supposedly used “dubious means” to contact Proctor’s friends, etc (actually, I’m being rather up-front about the whole thing. I don’t know how much clearer I could be with my intentions than I have been)

*The calls that Proctor references can supposedly be found on documents she has that “..were verified by Sprint’s subpoena compliance dept”. (that subpoena request is on file at the Court, and would show the very limited scope that phone calls for ONE SPECIFIC DAY were requested only. How exactly was information from other days made available to you and by whom? I know without a legal doubt that my online account WAS hacked into!)

Proctor mentions a tire on her SUV being slashed (sorry to hear that but flat tires happen, and apparently and conveniently just hours before our 2nd attempt of three to get her to do a Federal deposition). Now, why would the party who wants you to finally attend what a Federal Judge mandated, do something to impede your ability to do so? Sounds like self-victimization. Supposedly, a white car was driving down her one-way street and she was absolutely certain that it was me, she told the Judge. So certain, that she told that Judge that she ran out of her house and was chasing after this white car that was supposedly mine. When asked if she had a tag number, goose eggs (that means zero or no). Right behind the car, but not even a partial tag number? Interesting. Her statement also claims that I “..admitted to being on [her] street”. A simple check of the transcript will show anyone that no such admission was made by me to any Judge. Could it have been one of the white cars that is usually parked on her own street, according to Google Maps (info that I was patiently waiting to give to the Judge, but wasn’t asked because her case was dismissed). See, here are those cars.

Download (PDF, 452KB)

Next up, a troubling matter that needs mentioning on this site by me. An accusation has been made several times by Ms. Proctor that she believes that I illegally obtained records regarding her employment at Andrews Air Force base, instead of via the Form 180 mentioned in previous posts by my friends that Proctor herself was given in discovery by my legal counsel (I guess she didn’t take it seriously and thought it would yield nothing). In her old petition for a peace order, she wrote “Jareaux has lied to obtain any information that she thinks will destroy my character”. Didn’t need to lie to get anything that I’ve gotten, and the information regarding your own actions speaks for itself in regards to your “character”, Ms. Proctor. My counsel and I heard early this year that “civil and criminal penalties are forthcoming” (allegedly) by military officials. A quick call to the Pentagon dispelled that myth. Sometimes though, you have to think about things by putting yourself in the shoes and mind of who you are dealing with, like that investigator told me. Accordingly, I have learned to pay razor-sharp attention to documents that are given to me, and there it was, in plain sight (and shown below). Look at this document, and tell me what question comes to your mind.

Download (PDF, 58KB)

Are you wondering how a letter could have been received and utilized by Ms. Proctor that has her name and MY mailing address if she doesn’t live at my address? CORRECT! How is that possible? Who would have asked that a letter be sent to my house addressed to her? Her maybe? And if it was delivered, which is the implication, how did she get it if I wasn’t the one to give it to her? Well, perhaps some clues can be garnered from that same letter. Who signed it? Desirae Henderson. When? January 2013. Well, interestingly enough, Henderson’s division was contacted, and surprise surprise (or maybe not so much anymore)! She has been overseas ever since she was activated and assigned there by her command. She didn’t sign that document, though in August 2012 she signed the one that I have that has her signature (because she WAS there to sign it). I welcome anyone from the FBI or the military to ask me about this fact, along with other things on this website.

People may get mad when you find out the information that they hoped that you never would find. Those who would rather have everyone look at someone else, instead of at the information that they are trying to conceal that speaks volumes about them (and yes, their character), will attempt to flip the script and play the victim. (Boy that cried wolf, anyone?) Words are simply not sufficient anymore, and other evidence can usually trump lies. Thank goodness, there is a parked white car or two somewhere in the background of a picture, or an internet IP address noted in the logs of a hacked-into cell phone account, that tells the true story that is waiting for just the right opportunity in order to be told to the people that need to hear it. You only play your cards when you NEED to, and not until, and you ALWAYS hold onto your trump cards until you absolutely need to play them. I don’t need to make up a hand; I play the cards that I’m dealt! Thanks Dad, for that enduring lesson.

Oh, and an FYI: current images tell equally compelling stories. Cars on the street that belong to people (amazing what can be done with image enhancement) and photos showing mailboxes being wide open. It’s no wonder identity theft issues may be plaguing our antagonist.

Download (PDF, 143KB)

Download (PDF, 44KB)

http://thenarcissistinyourlife.com/tag/narcissists-pretend-to-be-victims/

http://counsellingresource.com/features/2009/03/16/playing-the-victim/

http://counsellingresource.com/features/2009/03/23/vilifying-the-victim

 

Thanks to Jerry, Henry and Margaret!

truth not hidden

I love the movie, Jerry Maguire. He’s a sports agent, and he begins to realize that the industry that he is working in is deservedly having the reputation for dishonesty. He writes a “mission statement”, and circulates it to his co-workers in order to urge them to join him in getting back to the heart of the business (and by default, restore faith to it). He was fired, but went on to start his own agency that would operate with the principles in his mission statement. Hard-going at first, I suspect, because people were used to the way things were established by that point. Change is hard for us humans to decide to do, and even harder to actually do. In the end, due to his perseverance and insistence that “we’ll stay afloat” (things were financially tight with only one client), Jerry is able to help instill change in his client, in the perceptions of the fans (for a game), in the team owner renegotiating his client’s contract, and even in surrounding athletes who realize they are missing something with their representation. Love it, because I too believe as Margaret Mead did, that “Never doubt that a small group of committed people can change the world. Indeed, it is the only thing that ever has.”

To my friends, and the new ones I’ve met through this site, I so appreciate all of your contributions to the site. Moreover, I appreciate your ideas to create and formulate this site, your time spent in actually creating it, and your dedication in helping to spread awareness of activities that need to change and end.

As many of you have heard me say, the circumstances that I have found myself in for the past two years are not ones that I would have chosen for myself. They chose me. Just as my business partner chose the actions that she did, I too had a choice as to how to respond. Through her attorneys, Darlyn R. McLaughlin and David B. Shapiro in Baltimore, MD, offers were made to me to “settle” the case. In each instance, I needed no time to think about it and simply waited for them to finish offering so that I could clearly tell them “there will be NO settlement”. What people don’t understand is that settling doesn’t actually make the issue go away. It only makes it not go forward in court. Our society has gotten used to taking the perceived easy way out, the path of least resistance, and the road where you get as much as you can while doing the least amount of work. While some of my friends were of the same mindset as me (“no way, you won’t settle. you’ve done nothing wrong.”), others were growing tired of hearing of the antics and, wishing for me to get on with my life, urged me to “give her what she wants”. My views are more in line with Henry David Thoreau: “The path of least resistance leads to crooked rivers and crooked men.” Had I settled, the things shown on this site (and the other issues that have yet to appear) would have likely forever been hidden. Not settling was not easy, but it WAS the best thing ultimately.

I have a son. Parents have the job of trying their best to raise their kids so that they will be best-equipped to handle “life” as each of us experience it. More important than the words that come out of my mouth, are the ACTIONS that he sees me do. He is watching me, whether I realize it or not, and he has been learning from me how he could (if he chooses to) maneuver in his life in the future. I have always taken that responsibility seriously. It means that I don’t just make my decisions for my own benefit, but for his future benefit as well. Life is not going to be easy for him. And the things that he will truly value, will be those things that he will find he had to work hard for (with the exception of my love, hopefully). My son will do great things in the world, because I encourage him not to take that path of least resistance. And he doesn’t see me taking it either. Not only does HE deserve that from me, but it’s also my contribution to the change I want to see in the world.

Do we live in a perfect world, with perfect people? Far from it. I’m certainly not perfect either, and have my flaws. I have been fortunate to have the family background that I had, that led me to have the strong convictions that I do about living with integrity and being a person of character who DOES SOMETHING about “wrong” when I encounter it. The personal integrity of the people featured on this website is their own to go to sleep with each night. While some talk of “Karma”, I prefer to think simply that “what goes around comes around”, and that “what has been done in the dark will be brought to the light”. To the extent that issues come that directly affect me, as the actions of my business partner, her various legal counsels and many other people yet to be featured on this site have, I have felt compelled to share the information with my friends (old and new) so that together, we can help make the change that Margaret Meade wrote about. From the comments on this site, it would appear that people are understanding that this “story” is not just mine, but belongs to you also since it ultimately is affecting you. Craftsmanship, and doing one’s job with integrity (caring enough to do so), extends far beyond the one-on-one encounter between the two initial parties of any transaction. Short cuts create inferior products. Doing just enough to get by, breeds an entitlement mentality, which leads to greed. We all end up paying more than was necessary when that happen. This site showcases that. It happens with bankruptcy fraud, tax evasion, mortgage fraud, military BAH fraud, disability fraud, false statements under penalty of perjury, witness tampering, voter registration fraud, and even marriage fraud in the “Sin City” of Vegas. There is more, thanks to all of YOUR efforts, but this list is long enough!

A girl can dream. That craftsmanship, integrity, ethics, good character, honesty and plain-old “doing the right thing even when no one else is looking”, will be the rule instead of the exception. I hope that in my son’s lifetime, he will live in a world where you don’t have to “trust but verify” in order to protect yourself. As one person commented: with patience and persistence, anything can be done. Thanks for the reminder.

In the meantime, Thoreau had it right.

A link to Jerry Maguire’s “mission statement” is HERE.

Apparently, it was inspired by a letter written by the (then-head of Disney) Jeffrey Katzenberg to his fellow execs. He left Disney 3 years later, and started Dreamworks with Steven Spielberg and David Geffen. Read HERE. It is long.

Can You Make Someone Do The Right Thing?

When someone is determined to do the wrong thing, and for purposes of this post, we will say “lie under penalty of perjury on federal documents for court”, ·one might wonder if it is possible to make them tell the truth. Let’s imagine what that looks like for someone’s Federal bankruptcy. Let’s say that someone has submitted their schedules disclosing their income and expenses, and they deliberately leave off thousands of dollars that they are receiving monthly. You are probably wondering how that could happen without someone checking it or finding out. One way it could happen is by claiming that you are a victim of identity theft, and requesting that the company paying you monthly stop doing direct deposit of the money, so that you will get a check instead. Then, you just cash the check and deposit the part of the money that you want the Trustee to know about. That way, it only shows up for a deposit amount that you actually deposit, instead of the full check amount. Next, you find yourself a bankruptcy lawyers who won’t actually ask you to verify or even show your bank statements. Granted, this is not proper for the bankruptcy lawyer to do, but it does happen.Has bankruptcy fraud happened? Yes it has. Has the lawyer helped commit it? Yes they did. With bankruptcy reform, lawyers were made to be more responsible and accountable for the actions of their clients. How this still goes on in today’s world, without penalty, is a question that is better posed to the Trustee’s office of bankruptcy courts.

Back to the original question of “what can you do about it”?

You can request that a Rule 2004 examination be done so that you get the opportunity to examine what the debtor has done regarding financial transactions, and if you find evidence of fraud, report it. This may initially be hard to do if the debtor is determined to keep the concealment of those funds secret, but you can prevail if you persistently stick with it and keep your eyes open. Interestingly, when a person files bankruptcy, they are afforded protections from their creditors, so the court often gives them the benefit of the doubt since they are seeking protections from those creditors. This means that merely saying you believe there is fraud, won’t be enough. You will have to supply proof. You need to get it from that 2004 exam, or seek alternative methods outside of the court and provide it when you uncover it.

Bankruptcy fraud costs ALL of us in the long run, even if you personally never file. Companies lose out on monies that they otherwise would have been able to recover (apply to the debt), and they ultimately write off the loss. Please understand that in doing that, the costs for everything associated with those debts goes up. Why? Because the money doesn’t evaporate into thin air just because the debt is written off. Products were made out of materials and salaries were paid to people to make them. A profit was supposed to be made in order to keep the cycle going. Mess up the equation, and the cost side of it has no choice but to go up (not to mention the costs of credit associated with it). So you see, we all pay for the fraud of those bold people that don’t seem to be phased by the possible $500,000 penalty for doing it.

So, if YOU have information that someone is doing any of the things that are bankruptcy fraud:

Deliberately leaving off monthly income amounts

Deliberately leaving off bank accounts

Transferring money or assets to others within 2 years of filing, to hold for you until the coast is clear (no one is looking anymore)

Deliberately leaving off expensive artwork, jewelry, real estate holdings or investment accounts

Placing someone’s name onto a bank account simply in the hopes that the Trustee will think some transactions aren’t yours (ie. they won’t take the time to ask)

Making large cash withdrawals from bank account prior to filing bankruptcy to hold into your house

You can report them to the Criminal Enforcement division of the Trustee’s office in the Federal district where they have filed bankruptcy. According to the website, the more documentation you provide them, the more likely it will be that they will investigate and possibly prosecute the person. In addition, be aware that the FBI is the agency that investigates suspected bankruptcy fraud. Here is a link that provides information on reporting suspected fraud:

Reporting suspected bankruptcy fraud

 

Examples of bankruptcy fraud prosecutions

Maryland woman goes to prison for bankruptcy fraud

Can you make someone do the right thing? We don’t know yet. Tell us if you’ve had an experience that answers this question for us!

We can all help one another stop bankruptcy fraud

We can all help one another stop bankruptcy fraud