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Welcome friends! If you are deeply traumatized and feeling oppressed as an American citizen, resulting from experience with our justice system, you may have been helpless to defend against trusted officers of the court (attorneys) who fed misrepresentations into the process; only, to be officially sanctioned by the Court. As a healthy veteran of psycholegal trauma, I have emerged as a resource committed to systems reform. (Please return to this site for ongoing updates that may be helpful in the prevention and recovery from litigation abuse.)
For now, I will briefly state, that my good name and business (life work specializing in tax law) was maliciously destroyed when my license to practice law was suspended, by a rogue prosecutor, Stephen P. Vella, (P34708), a senior staff attorney, with The Michigan Attorney Grievance Commission. The case is very similar to Nifongs' misconduct in the Duke University Case in that Vella knew of my innocence - yet forged ahead to knowingly put on false testimony; falsify evidence; and, thereafter lie to the Court to conceal the truth. Like Nifong, Vella's actions reveal an individual who derives some type of strange pleasure in misusing his position of trust to harm others.
The Michigan Attorney Grievance Commission, ("AGC") is an arm of the Michigan Supreme Court. (ie. it is an agency created to carry out the investigative/prosecutorial duties of the Michigan Supreme Court in overseeing Michigan Attorneys.) Its stated purpose is to protect the public from errant attorneys; but, as history has shown, the rules remain unenforceable against many including insiders like Vella, who engaged in all kinds of deception to remain unaccountable for nearly ten years since the onset of the above described misconduct.
PROOF: The next two (2) paragraphs discusses illustrative proof of Vella's deliberate deceptions. If you don't have time to read it than skip to the the paragraph beginning with the caption: Resume Discussion
See proof-deception tab for excerpt of a brief for proof that Vella deliberately misled the Hearing Panel by slipping in multiple misrepresentations of fact, evidence and law into his written closing statement after the trial was concluded and their was no opportunity to challenge it. The purpose of a closing statement is to fairly and accurately present the evidence that was deduced at trial. It is impossible for the "trier of fact" (jury, judge, or panel) to distinguish between actual evidence and falsehoods.
A most striking example, is that he included testimony he knew to be false, (perjured) similar to what was allegedly done by former Wayne County Prosecutor, Karen Plants. In this regard, I was found guilty of executing a mortgage application in the clients name based upon testimony that Vella put on with knowledge of its falsity. (the client actually executed the mortgage application). Vella knew this testimony was false because he stipulated to my innocence during trial but deliberately misled the Panel by arguing this testimony in his closing statement in defiance of the stipulation. (A "stipulation" is an agreement between counsel for both parties and it is part of the record in court proceedings). All efforts to have this corrected have failed. (See # 2, p. 2, with proof of stipulation on p. 21 (transcript ("tr") @ p. 30, L. 22-25 and p. 31, L. 1)
Other illustrative proof of deliberate and purposeful misrepresentations is at # 7, pages 8-11 and see where he flagrantly misrepresented that a check contains a notation that it does not contain. See p. 22 (Tr. P. 107, L 10-14) (ie. as explained, Check # 1017, on p. 26, does not contain the notation that it is for the Estate of Abraham Levine, as he falsely represented). Similarly, see # 14, on pages 28-31 and again where Vella lied to the Court to fabricate evidence that check # 1017 and its billing do not match. Page 23 (Tr. p. 101, L. 17-21 and on page 22 (Tr. p. 107, L. 10-14) As you can see, this component of the billing on page 32, L. 28 is in the amount $4,620.00, the exact amount of check # 1017, on p. 26.) Further, the total billing in the amount of $7,620.00, as calculated on page 32, lines 34-37, matches the total of the two payments (ie. $3,000.00 plus $4,620.00 on lines 27 and 28, respectively.) Also, as explained at # 14 he misrepresented the amount of the billing to be $5,000.00 when it was actually $5,100.00, to fabricate evidence of dishonesty. (ie. to deliberately mislead the Panel to believe that I padded payment for power of attorney services by an extra $100.00). (See page 32, L. 36 proving that the billing was for $5,100.00 and not 5,000.00 as he falsely represented.)
RESUME DISCUSSION: The above is merely illustrative of many instances where Vella deliberately and purposefully misled the Court by slipping in fabrications of evidence to pitch it in closing, as though it were in the trial record.
Michigan's discipline system is unconstitutional because the Attorney Discipline Board (ADB) does not have the power to decide constitutional claims. Vella's misconduct gives rise to multiple constitutional violations mandating reversal. Moreover, non-attorneys are also harmed by it because, as accusations in the Plants case demonstrate, framing an innocent person undermines public confidence in the integrity of the judiciary and allows the real wrongdoers to go unpunished.
LACK OF OVERSIGHT - OBSESSED BY DOMINANCE AND CONTROL: The lack of review serves as an incentive for a rogue prosecutor like Vella, who knows that he may hide his flagrant misrepresentations in plain sight. (Clearly, a reflection of how Vella perceives oversight of the AGC) By the way, Vella threatened me by warning that he will retaliate if I publish proof of his closing argument deceptions, which you will find at the proof tab above. He already retaliated by carrying out a prior retaliatory threat to oppose my Petition for Reinstatement and, in doing so, repeated the misconduct of the discipline trial by fabricating evidence and putting on testimony he knew to be perjured. To oppose my reinstatement Vella elicited undeniable perjured testimony from two attorneys seeking to procure a fraudulent foreclosure of my properties. One illustration is the patently false testimony of Attorney George Shea (P41683), principal in the law firm of: Creighton, McLean & Shea (formerly: Brashear Tangora, PLC, Livonia, Michigan. (Proof will be posted when time permits - briefly, Shea's testimony is squarely contradicted by a prior document that he prepared). Shea's willingness to testify falsely served to assist Vella in concealing new evidence that he also put on testimony he knew to be perjured from one Michael Levine, Sheas client, than a discipline trial witness. (Several months after the trial, Levine squarely contradicted his testimony and same was corroborated by his own attorney, George Shea). The bottom line is that this web of corruption paved the way for Shea to assist his client in carrying out foreclosure fraud.
ECONOMY - FORECLOSURE CRISIS: Fraud is more often than not in issue in the current foreclosure crisis - often these cases involve situations where the courts are being used as an instrument of fraud. (When time permits, I hope to publish an article about this - meanwhile, click the articles tab to read about the unjust foreclosure of the Crosby Mint Farm) Also, check out AHRC.com to read about nationwide foreclosure fraud via predatory litigation.
Micheal Moores' thought provoking film "Capitalism - A Love Story", is a must see. Whether or not you agree with his central theme - we must fight back. As for the documentary, in my view more coverage is needed to raise public awareness of how skilled practitioners are contributing to the destruction of democracy by using our court system as an instrument of fraud - the high profile cases we regularly read about in the newspapers is just the tip of the iceberg.
THEFT: I also have evidence that Vella is concealing theft by mislabling personal expenses as costs and charging it to disciplined attorneys - if my case is a sample of past practice, he enjoys substantial supplemental tax free income at the expense of his victims. He claims reimbursement by making false claims in an affidavit. (An affidavit is statement swearing under oath to the truth of the matters asserted). He also claims reimbursement for expenses that he did not incur such as photocopy costs at approximately twenty times market rate.
All of this, plus more, was reported to the Court in briefs, as well as Robert Agacinski, Grievance Administrator. To date no action has been taken against Vella, despite undeniable evidence that he engaged in misconduct, severely undermining the integrity of the judiciary, in direct violation of Michigan Rules of Professional Responsibility 3.3 - Candor Toward The Tribunal ("MRPC 3.3") The spirit of MRPC 3.3 is to prohibit a lawyer from undermining the integrity of the judiciary by: Offering evidence the lawyer knows to be false; making false statements of material fact or law; or, failing to disclose a material fact to a tribunal when necessary to avoid assisting a criminal or fraudulent act by the client.
Trust is a social staple that must be protected just as earth and water must be protected to provide for survival. When trust is damaged society suffers as a whole, to destroy our democracy. Veteran/Taxpayers of litigation abuse must exude zero tolerance for lying in courtrooms, lying to cover-up; and, deceptions through omissions and nonperformance by public officials and public servants.
Join me in addressing the abuses of power that infiltrate systems as a matter of human failing. The steady force of individual efforts will make a difference in correcting system frailties created by the power-centered, so that we vigilante consumers may demand our civil rights and true tax dollars from public service systems, including the judiciary. If you wish to participate see my Detroit Free Press blog entitled: Perjury and Fraud in Court Proceedings.
For me, I continue to fight while working to reinvent myself to enable work doing fraud examinations, forensic accounting, mergers and acquisitions (purchase and sale of businesses), teaching, etc. (I am a former: Tax Revenue Agent; University Tax Instructor and Tax Accountant to physicians and dentists.)
Thanks to the Detroit Free Press for reporting on perjury and fraud in the Courts. Just a suggestion, it would help women protect themselves from male violence, if the media would provide a means to publicly expose thier abusers. Studies show that abuse rooted in dominance and control escalates to violence. I am not comparing my case to victims of male violence but make this point for a larger purpose. Exposure is part of a preventative solution.
Cheryl Warren
Chertax7@gmail.com