Wednesday, December 30, 2009

Martha Coakley's Mass Division of Banks again refuses to provide Cat Gibbons with documents -- her own responses on 5 Stated Income Deals.

UPDATE: An Affidavit/Polygraph Offer + More video and lies exposed, see comment #9 for an explanation of the newly-uploaded MacBook photo booth video that points to more dishonesty and abuse of our tax dollars, as supported by Martha Coakely.

I don't think Ted Kennedy would have approved.


MCAD: They told MCAD that they were seeking only a comprise and that it was Ms. Gibbons who was insisting on a hearing. If that is the case then what were the terms of the purported compromise? If that is the case then why do I have another video in which the DOB Attorneys resolutely say they fully intend to revoke/take/steal her license? What changed in the interim? Nothing. They lied to the Superior Court as well, and the Court allowed them to violate the 10-day Good Faith estimate rule on Ms. Gibbons' Public Records Request to boot.

Superior Court: DOB Attorneys claim they were just scheduling an informal hearing to meet with Ms. Gibbons. They said that they had documents they were going to immediately produce to Ms. Gibbons, yet they did not but they instead provided them to the Hearing Examiner, who as noted below for some reason is protecting "confidentiality" of documents and who receives documents but who will not tell the DOB to produce her certified responses to the charging documents. That's odd, to put it politely.

Next, Ms. Gibbons also says she wants all six (6) of these people to sign an Affidavit in unison that what was represented to MCAD is actually true, and she then in turn will take a Polygraph test and urge them to do the same because she is sick and tired of these people lying and getting away with it. Then she will go after each and every one of them for going beyond the stated rules of the Division and acting in an Unconstitutional, ultra vires manner. I wonder if 42 U.S.C. 1985 (Conspiracy to violate Ms. Gibbons' Civil Rights) would apply if they are acting ultra vires even though it is the same corporate defendant. Perhaps this would be a terrific test case for such a legal theory.

John Prendergast, Chief Risk Officer
Cynthia Begin, Senior Deputy Commissioner
Gregory Short, Deputy Commissioner
Christopher Pope, Deputy Commissioner
Aimee Desai, Associate Counsel
Erin Berger, Chief Director


As to the video I mentioned, I don’t have that video card with me and I didn’t save it to the MacBook so y’all just have to wait until I get home tomorrow or the next day to post it. Happy New Year!!!
**************
Concerning the ongoing saga of what appears to be patent racism and discrimination by Martha Coakley’s Massachusetts Division of Banks against Cat Gibbons, one of only 3 black female mortgage brokers in Massachusetts:

Mass Division of Banks (DOB) Hearing Officer Neil Tobin actually wrote Cat Gibbons that he would not even ask for -- much less compel the Division to produce her responses to inquiry about the five (5) Stated Income Deals that purportedly provide the basis for the Cease and Desist Order, and for their Declaration at a recent hearing that they intend to fully revoke her Broker’s License.

Mr. Tobin said that he wouldn’t request the documents because he wanted to remain impartial, but that strikes me as patently bogus: Having clerked and lawyered for the AG’s Office I can tell you that Hearing Officers have broad discretion to require production of relevant documents, and if there is one relevant document in this case it surely is that response, and it must be produced in its entirety for chain-of-custody reasons to preserve the integrity of the process to the extent that they care about such matters.

Meanwhile Mr. Tobin has demonstrated that he may be less then impartial anyway by stating that certain of Ms. Gibbons’ request for information about complaints against other brokers are “irrelevant” because such a determination would limit her discovery. But you can’t limit her discovery too much because she is alleging, with substantial force, that the (in)actions of the DOB are both racially discriminatory and Arbitrary and Capricious, such that a wide latitude of Discovery is mandatory on those issues.

Note that Mr. Tobin, in responding to Ms. Gibbons’ request, did however state that these Stated Deals were indeed the reason for the Cease and Desist, and that contradicts what Martha Coakley’s DOB lawyers told the Massachusetts Commission Against Discrimination, whoops.
That renders their Position Statement in Ms. Gibbons’ case as suspect as the extra purported legitimate nondiscriminatory rationales are not worthy of credence.

And we know that the main rationale is not worthy of credence either for a number of reasons, not the least of which is the FACT that Ms. Gibbons/Miracle Mortgage Stated Income Deals:

a) did not place anyone in harm’s way
b) were conducted prior to the 2006 DOB revision in guidelines.

Lastly the Division keeps claiming that they don’t have any racial data as requested by Ms. Gibbons, but that’s not likely because brokers and buyers have to submit that information, it’s all part of the CRA and other related legislation designed to eliminate the pernicious effects of discrimination. Ms. Gibbons and I are presenting these facts to local learned counsel and the MCAD is in for a real smack down, they have painted themselves into a corner on this one. I’ve got my popcorn ready and will place a call to AG Martha Coakley’s office today for comment, just as I filed this report with her on the CORI violation in the Boston Herald - Jessica Van Sack – Joanna Marinova – Darrell Jones Defamation issue.

Coakley_Mass_Division_of_Banks_reviewed_for_racism_by_ACLU,_MCAD_

11 comments:

  1. At 8:46 a.m.

    30th December 2009
    08:46:45
    Page View

    www.ask.com/web?q=touch 106.1 fm radio station of boston%2C ma&search=&qsrc=0&o=0&l=dir
    touchfmboston.blogspot.com/2009/12/touch-1061-kingcast-to-become-clearing.html

    ......The Commonwealth went searching about TOUCH FM at Ask.com, and they clicked on this link:

    http://touchfmboston.blogspot.com/2009/12/touch-1061-kingcast-to-become-clearing.html

    How apropos.

    Watch them try to make some kind of a run at me now, I've been there, seen that before. Meanwhile they have no clue to whom I have also distributed these materials, folks got my back I can assure you of that.

    -The Editor.

    ReplyDelete
  2. The Division doesn't want to produce the first responses because it doesn't want to shoot itself in the proverbial foot with its own evidence, so they are trying to erase it.

    That's not going to happen because Ms. Gibbons is not going to do anything else on this case until they provide a certified copy of her original responses.

    Got that?

    -The Editor.

    ReplyDelete
  3. I mean, they honestly think we're stupid or something, it's quite insulting.

    Ms. Gibbons and I are conferencing with learned licensed counsel on this matter and that's all the Division needs to know right now.

    One way or another they will have to produce those documents or dismiss the case, when you get right down to the core of it.

    I'm good at identifying core issues, that's why the Division lives in this blog 24/7, to try to out fox us.

    It's not going to work, guys, give it up.

    -The Editor.

    ReplyDelete
  4. Tobin writes:

    "You have not filed an answer denying liability in connection with responding to the allegations regarding (5) stated income loans which were the basis of the Cease and Desist Order issued to Miracle Mortgage Corp. by the Division of Banks ("the Division).

    Although you filed responses to violations cited in the Report of Examination of the Division, you have never filed a copy with me."

    Ms. Gibbons tells me that her response will be:

    "Dear Division of Banks Counsel:

    First of all I am providing a copy of this letter and Mr. Tobin's letter to MCAD, the ACLU and other licensed counsel so that they can see that even he knows the only rationale behind the Cease and Desist letter was the five (5) stated deals, not employment, not credit, not me changing an address, NONE OF THAT.

    This means you lied in your Position Statement to MCAD when you tried to enlarge the reasons. This attitude supports my contention that John Prendergast threatened that he would use anything and everything he could to take my license, and that they would hold an open hearing with media and law enforcement and have banks ready to buy back my loans and make an example out of me.

    Be that as it may, please immediately, i.e. before January 7, 2009 provide a certified, stamped copy of the responses I provided to the Division to me and to Administrative Hearing Officer Neil T. Tobin.

    Those responses, coupled with other documents generated by the Division and me in follow-up to my responses, along with testimony at hearing, will provide my full response.

    I know that you are required to maintain my answers in the files, so that should be a simple matter for you to attend to so that we establish chain of custody and integrity of process in my case, both substantively and procedurally.

    Lastly, with respect to the additional information I requested that Examiner Tobin finds "irrelevant" my counsel will (again) point out to Mr. Tobin that I am making claims that your actions toward me have been, and continue to be, arbitrary and capricious and racially-discriminatory. That is why I am entitled to wide latitude in my discovery responses.

    Why else would the DOB have ignored my complaints about Fidelity Mortgage even as Vermont had issued a Cease and Desist to them for fraudulent and abusive conduct? Fidelity Guarantee Mortgage Corporation v. T Reben, 809 F2d 931 (1987).

    How on Earth did they even gain licensure in Massachusetts with that track record?

    You allowed white-owned companies like them to run amok yet you come after me when I had a #1 rating and no substantiated complaints against me and my Stated Deals put no one in harm's way and occurred prior to the Division's modified position.

    Why would you do such a thing to me?

    ********

    Therefore I'll not be responding to any directive of the Division or Hearing Examiner Tobin until the Division provides Mr. Tobin and me a certified copy of my responses to the original complaint, and I demand along with that a certification that the Division has filed with Mr. Tobin what it considers to be a full and complete copy of my file.

    When that happens I will notify counsel and we will proceed on that basis regarding the alleged confidentiality of any documents.

    Sincerely,

    _______________________
    Catherine Gibbons
    On Behalf of Miracle Mortgage

    ReplyDelete
  5. Here they come bright and early on New Years' Eve!

    I told you they live up in here, I should start charging rent.

    Host Name
    chelsea-ce.itd.state.ma.us

    IP Address
    170.63.96.108

    31st December 2009
    09:39:09
    Page View
    No referring link
    touchfmboston.blogspot.com/2009/12/martha-coakleys-mass-division-of-banks.html

    No matter what they do or say, they are going to have to produce a copy of the certified, original responses sooner or later, that's it and that's that.

    They can run.... but they can't hide.

    -The Editor.

    ReplyDelete
  6. And since they are so busy reading along let me share this tidbit of information with them -- and the World Public:

    After Ms. Gibbons provided her responses on the Stated Deals she was told that the Division was satisfied, nothing more to worry about.

    Then the DOB later came with the nonsense about her credit, but the DOB auditor had told her the credit was All Set.

    So you see it went from Convicted Criminal to Stated Deals, to Credit, to her moving without notification, they have got their tangled web so tied in naughts they have no idea what they are saying and doing before the various tribunals.

    Get your popcorn ready for Ms. Gibbons' legal team to step in now that I've made them aware of the basic issues.

    -The Editor.

    ReplyDelete
  7. UPDATE: More video and lies exposed:

    MCAD: They told MCAD that they were seeking only a comprise and that it was Ms. Gibbons who was insisting on a hearing. If that is the case then what were the terms of the purported compromise? If that is the case then why do I have another video in which the DOB Attorneys resolutely say they fully intend to revoke/take/steal her license? What changed in the interim? Nothing. They lied to the Superior Court as well, and the Court allowed them to violated the 10-day Good Faith estimate rule on Ms. Gibbons' Public Records Request to boot.

    Superior Court: DOB Attorneys claim they were just scheduling an informal hearing to meet with Ms. Gibbons. It is Said they had documents they were going to immediately produce, yet they did not.

    I don’t have that video card with me and I didn’t save it to the MacBook so y’all just have to wait until I get home tomorrow or the next day to post it.

    Happy New Year!!!

    ReplyDelete
  8. Ms. Gibbons also says she wants all six (6) of these people to sign an Affidavit in unison that what was represented to MCAD is actually true, and she then in turn will take a Polygraph test and urge them to do the same because she is sick and tired of these people lying and getting away with it. Then she will go after each and every one of them for acting ultra vires.

    John Prendergast, Chief Risk Officer
    Cynthia Begin, Senior Deputy Commissioner
    Gregory Short, Deputy Commissioner
    Christopher Pope, Deputy Commissioner
    Aimee Desai, Associate Counsel
    Erin Berger, Chief Director

    ReplyDelete
  9. They claimed to the Massachusetts Commission Against Discrimination (MCAD) that they were not moving to revoke Ms. Gibbons/Miracle Mortgage License, and they wrote that they were looking for a settlement of some kind, but the KingCast/TOUCH 106.1 FM video Exhibit and the certified transcript will show otherwise. That is of course if they ever produce a certified copy of the transcript, they are quite niggardly when it comes to production of documents that much is certain.

    You can't hear it on this video but trust me I keep this under lock and key and when comes the right time it will be shown to MCAD officials.

    Neil Tobin, Hearing Officer:

    "Does the Division believe that the violations are serious enough that she should be lose her. that she should be barred from operating again in Massachusetts?"

    DOB Counsel:

    "It is the agency's position that, ummm the violations are serious we are prepared to proceed at this time (keep in mind up to that point they had not provided Ms Gibbons one single document pursuant to her public records request, and they still have not provided a certified copy of her responses to the questions on the 5 Stated Deals) at hearing we are going to ask that the hearing officer issue a recommended Decision that the (Cease and Desist) Order be permanent."

    ReplyDelete
  10. Neil Tobin says he won't ask DOB to produce Ms. Gibbons' original responses because he wants to remain impartial but that's a line of horse pucky because he plays document shepherd and has made himself conduit between the DOB and Ms. Gibbons, and he's doing everything the DOB wants him to do in terms of holding back documents that are purportedly confidential.

    This entire process is nothing but a sham, and MCAD and the ACLU and others are catching on the more we explain it and show it.

    ReplyDelete
  11. Look at the Commonwealth, living it up in this blog today, starting before 9:00 a.m. I bet they've never worked so hard in their lives:

    4th January 2010 08:54:01 Page View No referring link
    www.touchfmboston.blogspot.com/

    4th January 2010 08:56:46 Exit Link http://www.mass.gov/?pageID=ocamodulechunk&L=4&L0=Home&L1=Government&L2=Our Agencies and Divisions&L3=Division of Banks&sid=Eoca&b=terminalcontent&f=dob_policygr&csid=Eoca

    4th January 2010 08:56:52 Page View No referring link
    www.touchfmboston.blogspot.com/

    4th January 2010 08:56:55 Exit Link http://www.mass.gov/?pageID=ocamodulechunk&L=4&L0=Home&L1=Government&L2=Our Agencies and Divisions&L3=Division of Banks&sid=Eoca&b=terminalcontent&f=dob_policygr&csid=Eoca

    4th January 2010 08:57:02 Page View No referring link
    www.touchfmboston.blogspot.com/

    4th January 2010 08:59:41 Exit Link http://www.wepapers.com/Papers/90035/Coakley_Mass_Division_of_Banks_reviewed_for_racism_by_ACLU,_MCAD_

    4th January 2010 09:04:41 Page View No referring link
    www.touchfmboston.blogspot.com/

    4th January 2010 09:08:23 Page View www.touchfmboston.blogspot.com/
    touchfmboston.blogspot.com/2009/12/martha-coakleys-mass-division-of-banks.html#comments

    ReplyDelete