KingCast says Neil Tobin, Mass Division of Banks still trying to railroad Black female mortgage broker Cat Gibbons on Stated Income Deals.

These cats are shameless. Hearing Officer Neil Tobin (speaking for the DOB apparently) rejected her proposed modifications to a Confidentiality Agreement that would explicitly allow her to file requested documents in subsequent court actions. Obviously she has a right to appeal any adverse administrative action using relevant documents from the proceeding, any other approach is Unconstitutional.

So she signed the Agreement as is but now they have issued her another letter attempting to modify the Agreement and tell her she can't even show the documents to her witnesses who will be testifying at her hearing. That's bullshit and they know it. Bull. Shit. And it's never going to pass Constitutional muster.

They have also inserted another phantom letter that was never in her file, the same way they did at MCAD.

And they still have not provided her with:

a) her complete file, including correspondence both ways,
b) a list of the names of brokers who did Stated Deals because she will be able to show that they came after her arbitrarily and/or in racist and retaliatory fashion because there were other brokers with complaint histories against them and lower ratings against whom the DOB did NOT seek enforcement proceedings. Cat Gibbons and Miracle Mortgage did not deceive any buyers or put them in Harm's Way, she followed the guidelines of her lender.... who was not punished by DOB, BTW. Read more.

KingCast reminder to Sam Shaulson, Melissa Rodriguez and Citibank: I've been winning oral advocacy awards and trials for years, guys.

Rev it up, boys and girls. State Debate finals, 1979 IIRC, and BLSA Second Place entire Midwest Region, 1992 and State v. Doyle, 1999. Juries tend to like me even as you and other corporate haters like American Tower imply I'm a Dangerous, Threatening Black Man. As D.S.'s Affidavit (and "American Lawyer" at KingCast.net) I emailed to Sam last night shows, they were just pissed-off because I reported underpayment of my trainees to the DOL, which fined.... err.... settled with them for $290K.

Anyway, you care to find out? If you do, I do.
PS: KingCast, Daniel S. Sogg, Dr. Joshua A. Breslau. We don't play. We come to win.

KingCast: It's gnarly.

KingCast reminder, don't forget this nonsense from the Courts in Gillenwater v. Barron and Denner.

Excuse me? "The way you went about it?" With all due respect (and not much is due, actually) WTF is THAT supposed to mean? Did he threaten violence? No. Did he threaten to reveal personal secrets about either of the attorneys? No. Was there a threat to National Security? No.

I forgot about how ridiculous Mr. Gillenwater's situation was, right here in the Good Ol' U.S.A.

KingCast tells Sam Shaulson, Melissa Rodriguez, Morgan Lewis & Citibank, "You cannot stop proliferation of my Citibank scumbag lies and racism video."

Sooooo....How does Citibank stop proliferation of this video in the coming days, weeks, months and years?

Answer: Unless they settle with me, they don't. The ACLU has got my back like a MF, and any attempt to shut it down has to come before a Jury because I'll file a Jury Demand in my Answer to any complaint they could conceivably issue. Too bad I forgot to put in the sexism cases as well, here's one for $33M. What a bunch of dirty rotten scoundrels, oppression personified ('cos remember the U.S. Supreme Court ruled that corporations are persons now, Citizens United v. FEC 558 U.S. ____ 2010).

The Jury will be, like, "he's my hero!"

I've got law students getting ready to distribute the DVDs once I order them up, I'm not even going to bother pressing them myself, too time consuming for the volume planned.

With that, I'm firing up the 650R (it needs new skins ASAP, funny how once they start going it's a quick trip downhill LOL) and headed over to the Post Office to file this Rule 3.3/3.4 Ethics Complaint on Citibank lying lawyer Benjamin Velella.
-The KingCaster.

KingCast asks lying Citibank Lawyer Ben Velella, Esq: "You ready for your Rule 3.3 Ethics Complaint, Sir?"

Wait for it.

28 April, 2010
Dear Reviewing Counsel:
Please review the attached DVD and documentation with all the earnestness at your command.
Benjamin D. Velella, Esq. misrepresented to licensed counsel and to an opposing party that:
A. No one at Citibank Chinatown branch told Derrick Gillenwater that the branch would cash his check once he updated his State ID to go along with his current Social Security Card.

B. No one at Citibank Chinatown branch told Derrick Gillenwater when we returned to the branch that the manager was not available.
With all due respect, these are bald-faced lies told in contravention of Rules 3.3 and 3.4 (and probably others) Candor toward the tribunal and opposing parties.
You can hear Derrick Gillenwater say as much in the video.
Equally important is the FACT that my lawyer told them to maintain the video from the Chinatown branch but they have not, and not only is that spoliation of evidence, it was a further attempt to cover up the lies because the video from both visits could be narrated and shown in order to support my contentions. Accord Kippenhan v. Chaulk, 428 Mass. 124 (1998).

Sanctions may be appropriate for the spoliation of evidence that occurs even before an action has been commenced, if a litigant or its expert knows or reasonably should know that the evidence might be relevant to a possible action. See Nally v. Volkswagen of Am., Inc., supra at 197-198; Lewy v. Remington Arms Co., 836 F.2d 1104, 1112 (8th Cir. 1988); Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 651 (1987). The threat of a lawsuit must be sufficiently apparent, however, that a reasonable person in the spoliator's position would realize, at the time of spoliation, the possible importance of the evidence to the resolution of the potential dispute.

With all due respect, when you get a letter from a lawyer threatening litigation and asking for video to be maintained, I think that effectively crosses the threshold contemplated by Chaulk.

Update: Read the specific warning to Counselor Velella on 26 May 2009:
PS:

Dear Attorney Velella:

Don't forget the express representation from your Chinatown branch that they would honor the check when Mr. Gillenwater got his new State I.D. card.

They then reneged on that promise, all of which should be stored in your video vault.

BB
Posted by opencourts at 8:43 AM

Respectfully submitted,
Christopher King, J.D.
http://KingCast.net

Citi_Post_Hearing

KingCast presents: The Citibank Defense.... "You were sarcastic when you asked to open a bank account." Watch for the Post Hearing Brief.

Sooooo.... An excerpt from the Post Hearing Brief, when in doubt bring in the minority lawyer to defend discrimination cases..... Today at hearing Respondent’s counsel said that Citibank’s history of proved lies and deceit were not relevant, yet it was Citibank who started this dirty game by referencing items in my past back to 1996, and that’s a FACT.
It’s their Modus Operandi, as noted by several legal bloggers. Do whatever you can to stain the victim, just ask Madison Square Garden victims Courtney Prince and Anucha Browne Sanders:

Writes one lawyer at Main Street U.S.A. blog, 19 April 2007.

Kind of a come hither photo for a law firm bio, no? People who live in glass houses shouldn't throw stones. Rodriguez is a fifth year lawyer with an impressive pedigree (Yale, Columbia Law), but not a lot of experience to be the lead lawyer in a high-profile case. I wonder if she is the lead attorney on the case? Or is she just being used to put out the smear so the big name partner who is handling the case doesn't have to get his/her hands dirty? Is MSG using a woman (and a minority) as window dressing? I handled many sex discrimination cases where young female lawyers were included on the defense team for that very reason.

Today I continued to show how the teller had no credibility as well as the FACT that Manager Carlo Caramanna definitely exercised his authority to be the Decision Maker to DENY me the right to open a bank account. No matter how hard Citibank tries, they cannot make that go away.

Respondent Citibank raised Derrick Gillenwater when they wanted to, in order to say that the bank offered him to open an account. But I said hey if you bring him in penny you bring him in dollar and he clearly says that Citibank reneged on the promise to cash his check when he got updated ID. This means that local Counsel Benjamin Vellela is a complete liar too, as shown in the movie. Then they say "This is the first time we've heard that Derrick Gillenwater was reacting to another statement when he said "watch your back."

Well that's not my fault that the scumbags at the bank didn't tell their counsel what really happened. We'll get there in Superior Court if necessary.

Lastly as to the allegation that I was "sarcastic" about opening an account, I said I was snippy or somewhat sarcastic to the extent that Carlo Carmanna had already threatened to arrest me when he picked up the phone. They can't get away from that as we move toward Superior Court I will subpoena that video, and when a Jury looks at my body language they will know I was not creating the disturbance that Citibank alleges. And as noted, how sarcastic was I really being, considering:

a) all of my hard work in getting ACL/Proskauer to review the case;
b) asked Carla Caramanna for the name and card of his supervisor.

Their position is so absurd, they acknowledge that I asked for the card but why on Earth would I ask for such a thing unless I meant business about opening an account? Citibank is trying to stand common sense on its head, once again. How can Morgan Lewis Attorneys keep their heads up as they try to defend this case? Melissa Rodriguez seems to be having a tough time at it, photographed in an open lobby, not in a hearing.

MCAD_Citibank_racism_post_hearing_brief

KingCast presents: A McLeod Minute.

KingCast: Reel news for real people.

KingCast says, "Support the Martin Luther King Washington Memorial!!!"

Take a look http://mlkmemorialnews.org/ They are only a few million short of the $120M goal, so do what you can!

KingCast says, "Goodnight, Dr. Height."

There is much going on right now but I would be remiss not to give her daps..... I was looking for an old BW picture I took of her in Cincinnati but not finding that I'll just post a stock image. Thank you for the inspiration my Civil Rights Sister!

KingCast tells legislative loser and waste product Martha McLeod: I will sue your a** for Defamation. Wait for it.

Miss Martha, you published the following comment to third parties:

"I was personally subjected to threats of physical and sexual violence by members of this community and their supporters, like Chris King, the last time this bill was debated."

Sexual violence, what about Bruce McKay and his Penis-shaped knife and the 10 page complaint from Ms. B (see item 13) that Chief Montminy and Selectmen ignored. Was your hubby a Selectman then? Was he a Selectman when Angela McKay filed for that Restraining Order? Did you try to help her?

You are a deceitful, despicable legislator and I will sue you for Defamation. You put up or shut up. If you had any such threats from me you would have come after me like your idiot friend Kelly Ayotte, who tried and FAILED.

Also you told a lie about State Rep Gionet, maybe he'll sue your ass too.

That's all you need to know right now, I will publish the full text of your tirade later. I don't know who you think you're [expletive deleted] with, but you are one Bad Apple, a rotten pig, and we're not the two and I'm not the one. You're all pissed-off because I called your hubby on the mat in the Jig is Up post.

Related: Marinova v. Jessica Van Sack, Boston Herald, Channel 7.

KingCast, NAACP and NYSE present: Final Citibank is Racist video.

Sooo.....I keep remembering things that make me laugh, such as the fact that Sam Shaulson and Citibank call me unprofessional, yet the NYSE welcomed me with open arms last week while the same institution fined Citigroup $1M. When I finish this short film I'll get to work on the America SCORES short film. This final video will go up some time late tomorrow, then I'll press up scores of DVDs and send them off to all of Sam Shaulson and Morgan Lewis' opposing counsel from now until the day I die. It's a Free Country, that's an exercise of the First Amendment, and heck seeing as Sam thinks his clients and he have done no wrong they will appreciate the free publicity. Even though he clearly lied about the fact that the Decision Maker in my particular case was not a female, black, but rather a male, Caucasian, one Carlo Caramanna.

Here is the rough cut. Meanwhile you can read all about the NAACP racism lawsuit and the NYSE fines right here.

KingCast again asks Deval Patrick and Marybeth Heffernan, "where are my documents on the cost of the Harshbarger Report?"

Gawl-DAMN getting information out of these people is like finding a virgin in Amsterdam. Same degree of improbability, substantially less fun. Here's your back story mit video!

KingCast presents: Disorder in the Court part deux.... folks stand around and pursue Justice with dogged determination.

Sooooo.... here is Disorder in the Court part un. Soooo.... here are some scenes from this morning's Probable Cause hearing on Robert O'Connell, the bloke who allegedly shot area Jake Joseph Fasano shortly after Fasano was hanging out with Jennifer Bynarowicz while she was blowing rails. Anyway, Judge Diane Moriarty, (yes THIS Judge Moriarty from my Boston Bob days) told counsel at sidebar they need to tell DA Brian Wilson to get his ass in gear and get those ballistics and latent print materials into court because there will be no more continuances. Hearing set for 20 May. For his part, Defense counsel Jerry McGlone is beside himself, rifling through paperwork in search of The Answer. It's a shit case and the State knows it. Who are they gonna' call to testify, a coked-up, drunken witness? And Joey Fasano reportedly had cocaine on his face as well. Sad.

Also, I had not met Mr. O'Connell until today. My impression of the guy leads me to believe he doesn't have a record, definitely not one of violence at least. I think he knew who was coming after him, flipped out, panicked and shot the guy. Attempted murder that does not make, especially if he knew who it was and knew of his violent past.

Who's that brown brother you ask? Well he's none other than Max Felix, a guy who was wrongfully accused of a crime months ago, it was a case of mistaken identity and he is STILL waiting to get the case dismissed. Nobody has The Answers for him. Sad.

As to the road rage case, listen up to my radio show on the matter, along with a little (well actually a LOT) of comic relief....

KingCast Citibank is racist short film -- rough cut.

So..... I said in this post that I would not be so vituperative in responding to Citibank's lies as issued by and through its counsel, Morgan Lewis partner Sam Shaulson, and I meant it. I'll just show it all through video and let the paperwork do the talking, and in so doing I will also expose some curious decisionmaking at the MCAD. Citibank is so bad the NAACP sued them. Citibank is so bad the Government has refused to buy out their TARP bailout.

KingCast: Reel news for real people.

KingCast reminds Mass Division of Banks Hearing Officer Neil Tobin in the Cat Gibbons case: Don't be Arbitrary or Capricious.

Update: Hearings all postponed for 2 weeks immediately after Ms. Gibbons issued subpoena requests. I don't know why they're shocked, we already published the FACT that she is ready, willing and able to take LIE DETECTOR tests to bolster her position. We know damn well the DOB will not.

Ms. Gibbons wants to know how many brokers conducted Stated Income Deals. The Division of Banks has this information and must provide it. We aim to ferret out the factors that determine if and when the Division actually goes to issue an enforcement action for doing Stated Income Deals. Hell I closed several such deals for white-owned firms all of the time. You are basically vouching that they could handle the loan based on any one or several intangible criteria including ability to earn, current assets, etc. etc. Watch Ms. Gibbons begin to 'splain it to Hearing Officer Tobin, who unfortunately cuts her off. He can't cut her off at Hearing when she breaks it down even further, with documents I have personally seen, looking at them right here, right now bubba.

He didn't want to hear it.

Remember, the DOB didn't do a damn thing for Cat Gibbons when she was being hosed by unscrupulous real estate "professionals" she filed complaints against, even though some of those very same "professionals" had already received Cease & Desist Orders in Vermont. Fidelity Guarantee Mortgage Corporation v. T Reben, 809 F2d 931 (1987). Read about it here.

Lastly, Ms. Gibbons swears that Christopher Pope was present at the informal hearing back in the Day. Now DOB Attorneys are telling us that he was not at the hearing, after initially telling us that he was at that hearing. That's how I have his name on this blog dammit. What the hell is going on, guys...... You trying to get around Ms. Gibbon's Subpoena request for Pope and other witnesses to appear and answer questions? Attorney DeSai did you provide Ms. Gibbons a copy of your letter to Neil Tobin from last week? She doesn't have it yet.....

KingCast reminds Governor Patrick and Cabinet Head Marybeth Heffernan: The Harshbarger Report cost information is overdue.

I dropped this public information request on 8 April, 2010, and I did it on video even, asking for the administration to FINALLY meet with Darrell Jones. It is now 21 April, 2010 and I haven't heard "boo!"

And they still haven't met with Mr. Jones. Meanwhile I'm off to get my HD video camera, this is getting good so I want the best video I can get from here on out. We're gonna' make ourselves one helluva' Internet movie as this rolls on.

GURU, this one's for you and your father.

KingCast update on Marinova v. Jessica Van Sack, Boston Herald & Channel 7.... The Barnett/Blair Affair.

Remember a few days ago Frederick Douglass and I cautioned Defendant Van Sack about the joint illegality and confidentiality issues that could put her ass in a Royal Sling? Well that was fun, right.

For my next trick I'll remind Byron Barnett about Jayson Blair and Stephen Glass, you know the type. And Barnett and Blair do kind of resemble each other, right, I mean they're both black, ahem. Just kidding. It's more germane whether they both turn out to be liars.

KingCast: Just ask Cousin Mike.... I'm more like Woodward & Bernstein.

And Darrell Jones? Well he's more like Shawn Drumgold. In fact, he helped Shawn Drumgold through the ugliest times of his life before he was proven INNOCENT.

KingCast, Dagha and America SCORES all support our Nation's most valuable commodity at the NYSE Poetry Slam!

Sooooo.....these children rolled in from the four corners of the Country and just flat rocked it while Dagha hit another home run as the quintessential Master of Ceremonies. It was an extremely inspirational evening all around, with the children as poets laureate making the adults stop and think about the Real Meaning of Life. Children are good at that. And America SCORES is particularly good at providing the fuel to stoke the creative fires of our Youth. Watch for more Slam! participants in short vids by tomorrow evening before I go into movie mode and disappear for a while. I enjoyed meeting every single person who introduced themselves to me tonight as a SCORES participant.

Only a child is innocent, they say. And that is why the innocence of Youth will henceforth be reflected in my prose for my legal nemesis, Citibank lawyer Sam Shaulson, Esq. Citi is of course a Major Sponsor of SCORES programs as am I. Be that as it may, we have to grow as Men and begin to carve out an enlightened sort of relationship relative to the discrimination litigation. Sam needs to quit lying (Sam you know the Decision Maker who refused to open a bank account for me and who threatened me with arrest for no good reason was not African-American, yet you wrote that it was in a legal pleading) and covering up for his client's actions. In turn, I need to quit being so vituperative in my posts about those lies. Any other approach is foolhardy and must not be followed. As such, I will change the nature of my posts going forward and raise him one.

In speaking with America SCORES CEO Norma Barquet (video currently uploading) about this very issue, we agreed:

"The Truth will all come out... and you gotta' do what you gotta' do."

Short vids uploading throughout the evening, short film coming in the next few days. By the way, the out-of-focus young man with his hands on his head is reacting to the poem being shared by the young man with his arm outstretched. The young lady with the stuffed puppy is precious. The other young lady, contrary to appearances, is celebrating... she is not about to strike the Evening's Host. Stay tuned.

Peace and Love to all of you.
KingCast: The Cat in the Hat.

PS: As if on cue, I went for a beer after the event and the bartender Bridget is a Sarah Lawrence MFA in Poetry, I will be introducing her to the folks at SCORES so that she can participate. Life is Beautiful. And the Jewish Cat in the yamaka has absolutely nothing to do with this evening except that he's in some B roll stuff I'll set in the movie, I just barely caught him out of the corner of my eye during a video so it's kind of soft but goodness what a countenance nonetheless :)

KingCast, Frederick Douglass tell Jessica Van Sack: The writing's on the wall for you honey, you'll wind up like Toni Locy for Defaming Ms. Marinova.

Yah, you and your racist little tabloid rag have met your match. You can't quell free speech seeking government redress from intelligent black men like Darrell Jones and everyone with whom he is associated, and that would include Yours Truly.

From the epic Emily Rooney/Beat the Press Post:

Note: Dan Kennedy raises an important point about confidentiality of sources at 2:57 but really the problem is that it's a CORI violation AND a confidential source. That violation of the Law is all the Court needs to ORDER production of the witness, I have provided legal analysis of this already, duh. Globe Newspaper Co. v. District Attorney for Middle Dist., 439 Mass. 374, 788 NE2d 513 (2003) read para. 5. But Jessica Van Sack may indeed find herself in the exact same situation that Toni Locy was in, facing contempt of court charges in that $5.8M Settlement in Hatfill v. NYTimes, infra, for failing to name confidential sources BECAUSE OF THE ILLEGALITY INVOLVED in the Herald case. Hell everyone knows I'm all about Reporter's Privilege but as Michelle Malkin pointed out:

Judge Walton had some cautionary words for journalists on Tuesday, but he saved his harshest judgments for the unidentified officials who linked Dr. Hatfill to the anthrax investigation in the news media.

“There’s not a scintilla of evidence to suggest Dr. Hatfill had anything to do with it,” the judge said, yet the public notoriety has “destroyed his life.”

Which is exactly what Jessica Van Sack and the other merry band of illegal pranksters did to Joanna Marinova. And all of them are going to pay for that in as many legal ways as we can find.

KingCast: Viva the First Amendment, viva the Fourth Estate.
Related KingCast Jam: Well surprise, surprise it's Gang of Four again, as heard in the Boston/Marinova/Pastor Dickerson/Herald No Coincidence post. This time of course they're performing "Anthrax."

KingCast, Brown Rudnick announce: The firm will dump its wasteful cars and SUVs for a fleet of Kawasaki 650R motorcycles!

Sooo....I mean, that's all I can infer from from downloading this picture at 5:14pm yesterday. That's cool though, I can dig it, blue blood lawyers getting crunchy and green, Solid. KingCast out in front and paving the way for social change and environmental responsibility. I wheelie mean it!
In fact, I was so damn inspired I made an iMovie short film about the 650R, maybe I'll have to add them into it, you know give them full credit 'cos I would hate to purloin anyone else's IP. The movie will be up in a few, before nightfall. Now what's really going to be fun is making the movie about the movie relative to Moody Street Pictures and Casey Sherman's screenplay adaptation of "Bad Blood: Freedom and Death in the White Mountains." Read about it here. I'll have one coming for my friends at Citibank too.

I had said I wanted Mos Def to play my role, but Will Smith will do as well!
KingCast: I shawl do love me some video :)

KingCast, Emily Rooney and Beat The Press say the Boston Herald and Channel 7 are going down, down down for CORI leak Defamation of Joanna Marinova.

Watch it here, Blam! I'm watching it now, but I already told you so here. I know all about writing for a large daily newspaper back 20 friggin' years ago, and I know these guys violate every canon of ethics possible in collaborating with the DOC scumbags to try to put down the reasonable efforts toward prison reform established and maintained by Darrell Jones, Ms. Marinova and others. But Darrell is really The Man.

http://christopher-king.blogspot.com/2010/04/kingcast-says-its-more-than-feeling.html


Note: One of the panelists said the Herald was addressing a security breach but that's false because the story doesn't speak to that in any way, shape or form. But it does repeatedly speak to phantom sex acts.

Note: Dan Kennedy raises an important point about confidentiality of sources at 2:57 but really the problem is that it's a CORI violation AND a confidential source. That violation of the Law is all the Court needs to ORDER production of the witness, I have provided legal analysis of this already, duh. Globe Newspaper Co. v. District Attorney for Middle Dist., 439 Mass. 374, 788 NE2d 513 (2003) read para. 5. But Jessica Van Sack may indeed find herself in the exact same situation that Toni Locy was in, facing contempt of court charges in that $5.8M Settlement in Hatfill v. NYTimes, infra, for failing to name confidential sources BECAUSE OF THE ILLEGALITY INVOLVED. Hell everyone knows I'm all about Reporter's Privilege but as Michelle Malkin pointed out Judge Walton had some cautionary words for journalists on Tuesday, but he saved his harshest judgments for the unidentified officials who linked Dr. Hatfill to the anthrax investigation in the news media.

“There’s not a scintilla of evidence to suggest Dr. Hatfill had anything to do with it,” the judge said, yet the public notoriety has “destroyed his life.”

Which is exactly what Jessica Van Sack and the other merry band of illegal pranksters did to Joanna Marinova.

Note: Callie Crossley misspoke when she raised the prison element because when the audio tapes of Darrell Jones' discussions with elected officials are published here -- and only here first -- you will see that people did in fact support the prisons and Mr. Jones' efforts at curbing Youth Violence and recidivism. Watch the damn Chronicle video right here and CBS video here. You think we're effin' around, we're not effin' around, we're here to kick ass and take names, dude.

Also, a police officer is a public figure with respect to Defamation but Ms. Marinova is not. Even if she were somehow a public figure per Hatfill v. NYTimes, the standard for false statement and reckless disregard has been met. See Rotkiewicz v. Sadowsky, 431 Mass. 748 (2000).

Learn about Darrell Jones here: prejudgedarrelljones.com
He also may have been wrongly convicted, wait for details on his trial soon.
KingCast: When it comes to Civil Rights, I go for the jugular and you haters can't do a damn thing about it. Cocky I am, and built to stay that way and I'll bear no compunction to tell it right to your face. Archive EVERYTHING.