Anaheim & Policing-Reform or Revolution?


 

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The policeman isn’t there to create disorder.  He’s there to preserve disorder.” — Richard J. Daley, Mayor of Chicago, 1968

July 30, 2012

Mayor Tom Tait, Mayor Pro Tem Harry S Sidhu, P.E., Council Member Lorri Galloway, Council Member Gail E. Eastman, Council Member Kris Murray

City of Anaheim, City Hall 7th Floor, 200 S. Anaheim Blvd, Anaheim CA 92805

 Honorable Mayor Tait and City Council Members:

I am writing in my official capacity as State Director of the California League of Latin American Citizens (CALLAC), an affiliate of the National League of Latin American Citizens (NLLAC). Aside from that official status, please take note that I have been a private investigator since 1979, licensed since 1983, and served an unprecedented seven terms as Chair of the Board of the world’s largest organization of private investigators.

I am writing so that Anaheim, in considering whether or not to establish a civilian oversight board or commission in connection with the current well publicized events overtaking your city, not make the mistakes that other cities have made in the past. Cities such as Inglewood and Dinuba, when faced with highly publicized allegations of police misconduct and the concomitant litigation that inevitably results, have adopted a boiler plate ordinance establishing a police commission at the recommendation of their City Attorneys. I suspect that city attorney associations have bandied about this boiler plate proposal at continuing education seminars as the best band aid solution for the public relations aspects of the problems that need to be solved.

Unfortunately, other than dealing with short term P.R. difficulties, this boiler plate ordinance has never accomplished anything else.

Essentially, the ordinance that cities wind up adopting creates a council appointed commission which must utilize police to investigate police and whose ultimate sole authority is to make a confidential report to the City Manager. After a few years of experience, those appointed to the commission wind up publicly criticizing the whole process as useless and wondering what they are accomplishing by participating it.

In response to the Donovan Jackson video-taped beating by Inglewood Police Officers the Inglewood South Bay NAACP Branch requested that I review and comment on the ordinance which that city was in the process of adopting. My response was to predict the basic problematic toothlessness of the law, the fact that it was peacemeal “reform” rather than comprehensive reform, and wrote a real comprehensive proposal to counter it. That proposal is the Model Ordinance for Civilian Oversight of Police Misconduct, which you can download from the internet at:

http://www.sfvnow.org/files/Model_Ordinance_for_Civilian_Oversight_of_Police_Misconduct.pdf

The Model Ordinance deals with more than just Public Relations. It addresses real protection for legal and constitutional rights, protections for rank and file police officers and whistle blowers, treats both the community and rank and file officers as stakeholders in the process of police reform and oversight, and provides real good faith protection for the interests of the municipality in loss prevention.

I am requesting that Anaheim establish a committee or commission to study the Model Ordinance, conduct public hearings on the issues it raises, and to then consider the proposal as a whole or at least upon the individual components that can be implemented by consensus or with widespread support. I will be happy to participate in the process and to recommend experts who can provide additional information to assist the fact finding and policy formulation process.

Respectfully Yours,   Jan B. Tucker, State Director, CALLAC

Note for readers:  This request is also endorsed by Angel G. Luevano, as National Vice President of NLLAC

For another perspective on police reform by former LAPD & Private Investigator Alex Salazar, go to:  http://www.renegadepopo.com/


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James Eagan Holmes–the Statistical Angle


 

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There is an interesting statistical angle to the strange case of accused Aurora Colorado mass murderer James Eagan Holmes, but it’s not about how many people died, how many were wounded or how many rounds of ammunition he was able to buy over the internet and have delivered to the University of Colorado.  Before I get to that, let me point out that I know zip about statistics.   I double majored for my B.A. in Political Science and Chicano Studies at CSU Northridge (CSUN) and later combined both disciplines to complete 22 units (with a 4.0 GPA) towards an M.A. special major before dropping out to become a private investigator.  As a graduate drop out myself with a 4.0 GPA in some ways I wonder about James Holmes and how he dropped out of an otherwise distinguished academic career.  To get my Political Science B.A. I had a choice between one of two requisite courses:  I could either take basic statistics or basic logic.  Having had no college/university level mathematics courses whatsoever (I got as far as Geometry in high school and had no comprehension past construction or loci; when it got to Trigonometry I got very clueless), I chose Logic over Statistics.

Looking back on that fateful decision, I wonder now how my life might have been different if I’d chosen statistics.  I chose logic and studied under the eminent Ancient Greek Philosophy Professor (and personal friend) Dr. Bill Jacobs.  Combined with my friend and mentor Dr. Phil Wall in Political Science, who chose to teach us our required Methodology course from the perspective of Philosophy of Science rather than from a statistical orientation, these two courses have had an enormous influence on my belief system and my way of interpreting the world and explaining it to others throughout my life.

I bring this up because Trinidad born Robert Milton Holmes Jr, James Eagan Holmes father, is an eminent statistician who got his Ph.D. from UC Berkeley after being mentored there by equally eminent Romanian born statistician Dr. Peter John Bickel.   He is a long time member of the American Statistics Association (ASA).   The elder Holmes writings include:

Contributions to the theory of parametric estimation in randomly censored data by Robert M Holmes (Book) — this was his 1981 Doctoral Dissertation at Cal Berkeley

QR code for A Statistical Analysis of the First Ten Years of Graduates of the Graduate Program in Hospital Administration, State University of Iowa, 1952-1961

Accession Number : ADA213235  Forecasting PCS (Permanent Change of Station ORT Moves Using Tree Classifications Descriptive Note : Technical note, Oct 1987-May 1988 Corporate Author : NAVY PERSONNEL RESEARCH AND DEVELOPMENT CENTER SAN DIEGO CA Personal Author(s) : Holmes, Robert M. ; Pabiniak, Chester  Report Date : AUG 1989

Accession Number : ADA200236  An Empirical Bayes Approach to Forecasting Marine Corps Enlisted Personnel Loss Rates  Descriptive Note : Interim rept. Nov 1987-May 1988  Corporate Author : NAVY PERSONNEL RESEARCH AND DEVELOPMENT CENTER SAN DIEGO CA  Personal Author(s) : Boyle, James P. ; Holmes, Jr, Robert M.  Report Date : SEP 1988

James Holmes parents, Robert and Arlene Rosemary Holmes, are roughly my age.  The father was born in 1950 and his mother a year before me in 1954.  In a tiny small world parallel, they used to live in the neighborhood I grew up in, Arleta, just two blocks away from my family home (literally, .24 miles away and 38 seconds drive according to Mapquest).  This was for a couple of years just before James Holmes was born.

James Holmes himself is beginning to look more intriguing, if MORE is possible, with the discovery of his posting on “Adult Friend Finder,” which is a very “ADULT” only dating site in the sense of being semi-pornographic.  He was advertising himself to be looking for anything from one on one to group sexual adventures.  He apparently went into the site as recently as three days before his alleged shooting spree.  Two items in his profile are really intriguing:  on both “smoking” and “drugs” he answers that he prefers “not to say.”  ?????WTF?????

What he’s not saying may speak volumes.  Is Prefer not to say on smoking a code  for marijuana rather than tobacco?  Drugs?  Prefer not to say sure sounds like “Yes but I’m not putting that out in public.”

Anyway, the final statistical analysis about James Holmes behavior that matters the most in this debacle is from the Book of Daniel, 5:25-28:  Mene, Mene, Tekel, U-Pharsin.  The writing on the wall.  “It has been counted and counted and found wanting.”

 


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Xenaro Ayala-Adding Injury to Insult


 

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Real “men” don’t get in each others’ faces

Yesterday at the National Chicano Moratorium Committee meeting Xenaro Ayala, representing his faction of La Raza Unida Party (LRUP), waited until the end of the agenda when the only appropriate things to be discussed were announcements, and went into a rant about his objection to my being present at NCMC meetings because I had insulted him, his son Ernesto, his daughter Libertad, and supposedly, his sister, Estela. Demonstrating what everybody who knows him well is aware of, that he lacks impulse control and that he’s a male chauvinist pig, he accused me of not being a “man” because I had not made my accusations against him and his family to his “face.” He’s upset that I have put everything out in public in my blogs.

The first rule of prevarication is, don’t lie when the truth is easily ascertainable.

An important point about what Xenaro said yesterday:  at no time did he ever call me a liar or claim that what I’d said about him was untrue.

The thing that’s easiest to clear up is whether or not I have ever said anything insulting about Estela. The only thing I have ever said about Estela in my blogs that might conceivably be construed as an insult is this; you be the judge:

 I won’t let them disrespect you (famous last words)

A few facts for background.  When my now ex-significant other very early on in our relationship told me some of the family history, she made what I considered was a solemn representation and promise:  she would not let her family insult and disrespect me the way that they had insulted and disrespected her ex-spouse.  I have to admit that with her ex-spouse that he probably deserved it.  As she pointedly said in her speech at the 2010 National Chicano Moratorium rally (a speech which I was then and remain very proud and touched that she made), pointed out that she had been raped and abused during her marriage.  It took great courage for her to get up and say that publicly.  I just wish that she’d had more courage to stand up to her family about me and about us.

I won’t shake a rapist’s hand and I won’t give one the time of day, whether it is spousal rape, date rape, or stranger rape.  I certainly can’t see a person who purports to support the rights of La Mujer even being civil to somebody who had done that to his sister.  But I have seen Xenaro do precisely that to his other ex-brother-in-law.  He’s shaken his hand and accepted a pat on the shoulder from that pig….well, I guess it’s what you expect from one MCP (Male Chauvinist Pig) to another.  Either Xenaro is a hypocrite of the worst order, or else he really is an MCP despite his public pretensions.  As for shaking the hand of a rapist and spousal abuser, well that brings up the next issue.

[FROM: http://janbtucker.com/blog/2011/10/21/never-do-anything-against-conscience/ AND YOU SHOULD READ THE ENTIRE BLOG FOR CONTEXT]

ADDING INSULT TO INJURY

That blog reveals a number of the insults that I had to endure. Here’s another one that I haven’t made public before.

The Ayala family is very well aware that I am just as active in the African American community as I am in the Chicano/Latino community. It is no secret that I have served as a branch officer or committee member in three different NAACP Chapters and that my late significant other (who died in 2004) had been the Southern California Legal Redress Chair for the NAACP and a prominent criminal defense lawyer. It is also impossible for the family not to know that my late significant other’s godson and my godson is African American since he is together with me in my Facebook Profile Photo.

Before Xenaro’s lack of impulse control (as pointed out in the blog linked above) led him to rant and rave about blonde blue eyed Anglos at an NCMC meeting, perhaps the family somehow got the impression that it’s okay with me to engage in racist behavior relative to Black people in my presence because my skin color is white. On at least three occasions that are ingrained into my memory are how, both in my presence and Xenaro’s presence, Ernesto and his primo engaged in these extremely offensive conversations in Negro dialect which can only be characterized to people of my age as “Amos ‘n Andy” routines.

As I’ve previously pointed out in the above cited blog, I sat there and took it. I was of course seething inside, but because I’ve got more impulse control than the Ayala family, while I was in their homes I didn’t make an issue of it….and for that I am ashamed of myself. For this I owe an apology, not to the Ayala family as perhaps Xenaro believes, but to my god-son, all of my African and African American friends, and to all my friends who expect more of me than to remain silent in the face of racism.

Most importantly I owe an apology to my father. If my father had heard me engage in the kind of behavior that Ernesto engaged in – which Ernesto seems to think is funny – my dad would have at first calmly explained why the behavior was wrong. If I’d persisted, he’d have smacked me and I would have deserved it.

XENARO BROUGHT THIS ON HIMSELF

Aside from the fact that Xenaro lacks impulse control and loves confrontation, Xenaro’s complaint that I should have told him stuff to his face and not through blogs is entirely a problem of his own making:

http://janbtucker.com/blog/2011/10/24/my-bad/

As I pointed out, on September 26, 2011 I got an email from Libertad Ayala telling me not to email her or her father, Xenaro. When any reasonable person gets an email like that, it is intuitively obvious that they don’t want any communication with you. So, if I’d continued to email them without their consent, they’d have had grounds to seek a restraining order against and me and justifiably so. So exactly what was I supposed to do?

Since Xenaro thinks that to be a “man” I should have said these things to his face, I suppose I could have telephoned him. Oh, wait a minute. His daughter told me not to email either of them, so a reasonable and intelligent individual would think twice about that because that also might have been grounds for them to charge harassment in a restraining order.

Then again, since Xenaro somehow expects me under the circumstances to confront him face to face to be a “man,” I suppose I could have showed up at his door…..uh, except that would justifiably be called stalking once I’d been told to stop contacting him by Libertad.

Well, what to do? Oh, there’s this communication methodology called a blog in which I get to exercise my rights under the Constitution of the United States, the Constitution of the State of California and the International Covenant on Civil and Political Rights and because, unlike Xenaro, I have impulse control, that’s what I use to warn the world about him and his cult.

 


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Sandusky-Tip of the Iceberg


 

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Louis Freeh & Jan B. Tucker

The national scandal involving Jerry Sandusky, Joe Paterno and the powers that be at Pennsylvania State University, as brilliantly exposed by former FBI Director Louis Freeh, is really the tip of the iceberg in terms of how educational and other governmental institutions as well as corporate America deal with sex crimes and sexual harassment.   In 2011 alone the Department of Defense tallied up 3,192 service member related reported sexual assaults.  Many people don’t wind up even reporting sexual assault in the military because of the military’s traditional way of handling these crimes.

Years ago San Fernando Valley/Northeast Los Angeles NOW (National Organization for Women) held a forum in which a former Naval Aviator was drummed out of Annapolis.  She told us of how, after she reported being raped by a football player, she was investigated under the theory that she was a Lesbian because she didn’t enjoy having forced sex with a male.  At one time at least, this was routine practice for the military academies after they finally starting allowing women to attend.

Families have a tendency to sweep things under the rug as well when it comes to family members who molest others in their family.  Trayvon Martin might still be alive if George Zimmerman’s family had reported him for sexual assault.  According to a video tape recently released publicly by the court trying Zimmerman, a female cousin has alleged that he started molesting her when she was six years old, that it continued for years, and that he’d molested at least one other family member.  She contends that when the family confronted him, all he did was say he was sorry and then walked away.  She also exposed Zimmerman as being a racist who repeatedly bad-mouthed African Americans.

For years I have been cognizant of stories concerning rape and attempted rape on college campuses being swept under the rug.  When I was at CSU Northridge (CSUN), a certain individual that many of my Mechista colleagues and companeros will remember (he was so notorious that I don’t have to mention his name as everybody will know who I’m talking about) was well known as a serial rapist.  After he attempted to rape a friend of mine from the Political Science Department, I told the story to Rudy Acuna, who confronted him in public in front of a crowd by the Chicano Studies office in the Sierra Building.  Rudy recounted the story of what he’d done and then accused the culprit of being “a cocksucker by proxy” [email me privately {pi@janbtucker.com} if you want to know the details, but the full story will come out in a chapter of the memoir I'm currently working on; the chapter is entitled Especially Heinous and is about every sick sex crime I've ever investigated].  The guy ran out [those who know who it was will know that it's odd that he ran], went home, got his gun and was coming back to shoot Rudy when he was intercepted by a couple of guys who calmed him down.

Nobody could ever figure out why the police, both CSUN University cops and the Los Angeles Police Department, always buried his alleged rapes and that he’d never been arrested or charged.  Many people did suspect however that this professional student, who’d been at the University forever without ever completing a degree, was simply a police informer whose rapes were a tolerated behavior for spying on the Chicano Studies Department.  Years later, when I became a private investigator, I asked a retired LAPD CCS (Criminal Conspiracy Section) Detective point blank whether this individual (by name) had been one of their informants.  He responded, “no, he didn’t work for us.  He was working for PDID,” referring to the LAPD’s Public Disorder Intelligence Division (i.e., the “red squad”) which was the LAPD’s discredited forerunner of the Anti-Terrorist Division.

Rape did not even begin to be taken seriously by law enforcement until women started coming out of the closet as rape victims.  The feminist movement had to reorient America’s (and the world’s) thinking about rape victims being survivors who should not have to feel ashamed that they did not die in the process of their attack or commit suicide as slaves to some bizarre sense of “honor.”  All these years later, when we at least had begun to think that these crazy ideations were a thing of the past, we have had to hold “slutwalks” to remind people that there is no excuse for rape [http://janbtucker.com/blog/2011/06/06/new-face-new-wave-of-feminism/] under any circumstance.

What I find really galling is that the leadership of my own party, the California Peace & Freedom Party [PFP], the first political party to declare itself to be a feminist party ever, has so completely deviated from its feminist principles, that the leaders welcome into its  ranks registered sex offender Steven Bruce Orcutt aka Frank Runninghorse [his fake Native American wannabe alias] who I have repeatedly exposed:  http://janbtucker.com/blog/2011/09/03/commentaries-on-sex-offender-frank-runninghorse/.  Most recently, Orcutt declared an apparent solidarity action over the death of his fellow sex offender, 19 year old Kenneth Harding who pulled a gun on pursuing police.  The officers who were pursuing Harding were initially only after him for BART fare evasion…which would likely have resulted in his getting a cite and release misdemeanor ticket…so it is a kind of aberrant and potentially a dangerous situation for a police officer when somebody flees from such a minor situation.  As it turned out Harding was recently released from Washington State prison custody where he’d served time for a sex offense and was being sought in connection with the murder of a pregnant woman after his release.  What can I say about Frank Runningdog’s support for this miscreant?  Maybe Runningmouth’s thinking is, Rapists of the World Unite, You Have Nothing to Lose but Your Shames!

 Come out of the shadows, there is no shame

Nothing is going to change, nothing is going to get better in all these spheres of life, corporate, social, or governmental, until women who have been subjected to rape in those institutions expose what happened to them, especially if it happened in relation to an educational institution which ignored it, swept it under the rug, or otherwise covered it up.  If you feel that you have no where else to go and nobody else to speak to about your situation, whether it happened 20 years ago or 20 minutes ago, then report it to me at pi@janbtucker.com.  Report whatever you feel comfortable reporting to me.  If you want to remain anonymous, then let me know the facts and I will do what I can to see to it that it doesn’t happen to somebody else at the same institution.  If you want to tell all and get help in taking on the powers that be, I’ll do whatever I can to help.

Remember:  Sisterhood is Powerful.  We have come a long, long way on a long, long road to equality and liberation and we have a long road to travel on still.  Reporting your rape is a very long step and it is a necessary one.


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Banksters #3


 

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For background on this series, check out:  http://janbtucker.com/blog/2012/05/25/banksters-2/

Here’s an example of a mortgage company getting caught red handed in what appears to be Robo-signing.  In an investigation of a document filed with San Bernardino Superior Court by the Law Offices of Randall Naiman (San Diego), the signatures are not just bizarre, but not even similar, for the same person, Mark Armstead (Vice President of Chase Home Finance LLC):

 

In California, a declaration under penalty of perjury is required by Section 2015.5 of the Code of Civil Procedure to state the place (i.e., the City or County and State) where the document is signed.  This is especially important when there is a contention that a signature is a forgery.  The requirement enables an investigation into where a signer was at on a particular date to determine if it was even possible for that person to sign the document.  Note that in both cases above (the first in California and the second in Pennsylvania), neither signature identifies where it was signed….conveniently for Chase Home Finance.

In spite of the defect and the fact that it is intuitively obvious that the signatures on these documents don’t match, the Chino Superior Court Judge who heard U.S. Bank’s motion for summary judgment granted it against the homeowner, enabling her eviction.  I have sent copies of these documents to Attorney General Eric Holder, California Attorney General Kamala Harris and I will soon be sending a copy to San Diego County District Attorney Bonnie Dumanis (where the Chase Home Finance office was located and where the signature was theoretically signed) and to San Bernardino County District Attorney Michael A. Ramos.

If justice means anything in this matter, somebody should be going to jail….but I’m not holding my breath.

 


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National Chicano Moratorium–August 25 2012


 

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Check out the back story on the National Chicano Moratorium Commemoration at:

http://janbtucker.com/blog/2011/08/26/chicano-moratorium-41-years-ago/and:

http://janbtucker.com/blog/2010/08/20/chicano-moratorium-40th-commemoration-8-28-10/

Yesterday at the NCMC (National Chicano Moratorium Committee) planning committee, my motion to invite Kiko Salazar of the National Ramsey Muniz Defense Committee was passed unanimously by consensus.  The basics of what Ramsey Muniz’s case is all about is at:

http://janbtucker.com/blog/2011/12/06/ramsey-muniz-guilty-of-being-latino-and-activist-in-america/

The NCMC Commemoration, as usual, will deal with the unfortunately business as usual aspects of the United States (E.E.U.U.) that spawned the Moratorium over four (4) decades ago:

  • Racism, Sexism, and all other ideologies of oppression
  • War, then in Vietnam, now in Afghanistan
  • Systematic discrimination in education, health care, employment, and virtually every other sphere of human existence

There are many other things to commemorate on August 25….the liberation of Paris from the Nazis in World War II, Uruguayan Independence from Brazil (a fight during which Garibaldi first formed his “Red Shirts,” who would go on to fight for Italian unification and independence), the beginning of the Belgian Revolution for independence from the Netherlands, and the birth of two famous American private detectives, Allan Pinkerton and Jan B. Tucker.  On August 25, 2012, the place to be and the place to commemorate those who fought for those who’ve been imprisoned for, and those who died for Chicano liberation will be at Ruben Salazar Park, 3864 Whittier Blvd, East Los Angeles.


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Resveratrol Study – Keck School of Medicine


 

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I serve on the Community Advisory Board (CAB) to Alzheimers Disease Research Project (ADRP) for Keck School of Medicine’s (USC) Memory and Aging Center (MAC).  The combined acronym becomes CAB-ADRP-USC-Keck-MAC….see if your memory can handle that….

ADRP has launched a study of Resveratrol for the potential treatment of Alzheimer’s Disease:  http://adrc.usc.edu/ongoing-treatment-studies/resveratrol/

An article describing many of the suspected health benefits of Resveratrol can be found at:

http://www.ilifelink.com/illuminol_30_capsules.html?category_id=48&search_string=resveratrol&search_category_id=48

If you or somebody you know is suffering from Alzheimer’s Disease, the ADRP needs your participation.  ADRP also needs people for control groups who are not suffering from Alzheimer’s.  The following link shows how you can get involved in this critical research:

http://adrc.usc.edu/participation/

Alzheimer’s ought to be a feminist issue.  Projected rates of Alzheimer’s disease show women to be not quite at twice the risk of men to develop the disease during their lifetime.

By age 65, 9.1% of American men versus 17.2% of women are predicted to contract Alzheimer’s.  By 85, the figures rise to 12.1% for men and 20.3% for women.

In 2010, an estimated 5.1 million Americans had Alzheimer’s.  By 2050, the raw number is expected to rise to 13.2 million.  It is critical that the world find treatments and/or cures for this epidemic.

 

 


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Mount Kellett’s new litigation nightmares


 

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Mount Kellett Capital Management has found it’s name getting dragged into litigation twice in the last three days.  Both lawsuits have the strikingly similar issue in it of improper stock dilutions, one in the case of Baja Mining and the latter in the case of Evoq Properties of Los Angeles.

Baja Mining’s largest stock owner, Louis Dreyfus Commodities Metals Suisse, alleged (http://www.mineweb.com/mineweb/view/mineweb/en/page66?oid=153598&sn=Detail&pid=102055) in its petition in the British Columbia Supreme Court that “Baja may ‘engineer an arrangement with Mount Kellett’ with the new share issue, unfairly diluting the position of other shareholders in the process.”  Louis Dreyfus also calls into question the ethics of attorneys:  “Louis Dreyfus also lambasts Baja over its choice of independent counsel. Or as Louis Dreyfus terms it: ‘so-called’ independent counsel. Louis Dreyfus alleges that counsel, Fasken Martineau, ‘takes instructions and answers only to Baja, not the shareholders of Baja.’ Louis Dreyfus objects to Fasken Martineau because the firm had previously advised it in its dealings with Baja, which has included arrangement of a credit facility. ”

In Los Angeles Superior Court Case No. BC 487078, filed today in the Los Angeles County Central District, Aztlan Cold Storage is suing Mount Kellett controlled Evoq Properties (formerly Meruelo Maddux Properties) the Plaintiffs seek declaratory relief to establish amongst other things, whether a violation of 17 CFR 240.10b-5 took place during a complex series of events involving loans and securities pledged as collateral.    17 CFR 240.10b-5 states that:

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,

(a) To employ any device, scheme, or artifice to defraud,

(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or

(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.

Violation of an SEC imposed regulation such as 17 CFR 240.10b-5 is made unlawful by 15 USC 78j.  Under 15 USC 77ff, such violations can be punished by up to 20 years in a federal prison along with a fine.

PERJURY & FORGERY

Aztlan’s suit goes on to allege that the filing against it by Merco Group-3185 Washington Blvd LLC of the Superior Court lawsuit BC 479498 was a malicious prosecution, that the allegation that it owed approximately $1.2 million was based upon the formulation and keeping of the proverbial ‘two sets of books’ in violation of Sections 1500 and 1507 of the California Corporations.  The suit also contends that ousted Evoq’s former CEO, Richard Meruelo, who was ousted from control at the behest of Mount Kellett’s operatives, was the victim of having his signature forged to the verification under penalty of perjury which accompanied the filing of that case in the court.  The fact is that on the date at which Meruelo’s signature was purportedly signed to the verification in Los Angeles County, he wasn’t even in the State of California.

WHISTLE BLOWER PROTECTION ACT

Blow the whistle on corporate corruption–get stabbed in the back as your reward!

Aztlan’s Third Cause of Action is brought under the California Whistle Blower Protection Act.  This part of the suit contends that Evoq’s former security director was ousted because he refused to participate — after the advent of Mount Kellett imposed management — in violations ranging from the falsifications of corporate records, to civil rights violations against minorities, a Gay employee, and women who were subjected to quid pro quo sexual harassment (paid more than other women because they were sleeping with a manager).  In addition to forcing him out of his job, the suit also alleges that Evoq converted a portion of the stock that he owned in the company in violation of a court order.

UNPROFESSIONAL & OBNOXIOUS MANAGEMENT

99% of business to business process service goes on without a hitch; normal businesses just accept service and supply the process server with the name and title of the person that’s accepting service…but the Mount Kellett folks who took over at Evoq are REALLY WEIRD!

Having discussed the behavior of the Mount Kellett imposed management of Evoq for the past several months with former employees and people who’d done business with the company both before and after the takeover, I guess I should have been ready for unprofessional, immature,  and generally obnoxious behavior when I went to serve the company with the Aztlan lawsuit.  Anyway, at least the corporate twit I wound up dealing with was kind of entertaining because virtually everything he said was (a) stupid and (b) childish.  In fact, it was like talking to an elementary school bully who thinks he’s real smart.

This twit starts telling me that I’m guilty of “trespassing” by attempting to serve the company with legal process.  This is truly idiotic.  Serving court papers is inherently legal.  To trespass you have to go on someone’s property for an unlawful purpose.  He claims that it was wrong for the security guard on the first floor of their headquarters (they’re in 626 Wilshire Blvd. Ste 850, Los Angeles) to let me go up to their office after I informed the officer that I was there to serve legal papers.  The guard was obviously much better trained than the corporate twit since he knew that he was obligated to give me access under the case of Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal.App.4th 1387, 8 Cal.Rptr.2d 351.  As I explained to the twit, if the guard hadn’t given me access I could have served the papers on the guard and walked out of the building.

It was obvious that the twit wasn’t capable of making independent decisions.  He had to keep going back to his cubicle in the other room, probably to call higher ups or lawyers, every time I brought up a simple legal issue, like whether the company was willing to accept service for Julio Davila (an employee being sued along with the business entities) or whether they were actually going to insist upon my engaging in “due diligence” by coming back two more times and then serving the papers on anybody in charge of the office.  After checking with his handlers, the twit agrees to take the papers for Julio to keep me from coming back and “harassing” them (he seemed like he gained some weird pride in using the word “harassing,” as though I’ve never been falsely accused of it before by some ignoramus who thinks that being served with a lawsuit is some major earthshaking event for a multi-million dollar business).

Finally, displaying the ultimate in sissy – coward behavior, he refuses to give me his name or title claiming that I had “no need” for it, as if this is normal corporate behavior.  Having been serving process since 1973, I of course know that it isn’t…..but that’s just the latest page in the Detective’s Diary…..and below you can find the pages of the latest lawsuit….

http://www.janbtucker.com/files/Conformed_S_C.pdf

 

 

 


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Two New Skeleton’s In the Closet


 

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Two new skeleton’s have been added to my Skeleton’s Closet page at:

http://www.janbtucker.com/jb_tucker_in_action

Edward C. Saucerman

The first new skeleton has been added to the existing closet of Edward C. Saucerman, self-appointed “Titan” of the investigative industry, where we’d previously stored the lawsuit against him and the Fontana Unified School District in which it was alleged by the Plaintiff — a student about to graduate — that Saucerman arrested him just before his graduation was about to commence and got him jailed for several days on suspicion that he might know who did some graffiti on school property!  The new addition to his closet is actually a corpse — it’s a currently active civil rights suit alleging that Saucerman and other private investigators violated the Ralph Civil Rights Act and committed Assault against a disabled African American man filed in the Los Angeles Superior Court.

http://www.janbtucker.com/jb_tucker_in_action

Gregory A. Yates, Attorney at Law

A new closet has been opened up for attorney Gregory Andrew Yates.  A lawsuit by his former client alleges that he committed malpractice and fraud in his representation of her concerning her being attacked by an LAPD Officer Jesse Reyes while — as a reporter — she was covering the 2007 Mayday Demonstration for Immigrant Rights act MacArthur Park in Los Angeles.  This lawsuit also details a series of other actions filed against Yates in court by a former client alleging malpractice (that he settled for a substantial amount), a lawyer who assisted him on a case alleging that he was defrauded out of his fee, a motorist who got into an accident with Yates and said that Yates attacked him and called him a “faggot,” and others.

http://www.janbtucker.com/jb_tucker_in_action

 


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Ed Saucer Man Flies Again


 

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I’m shocked, shocked at the latest revelations about Private Dick Ed Saucerman.

Well, not really.  Nothing he could do would shock me these days.  For background on why, check out:

http://janbtucker.com/blog/2012/03/14/pitiful-practice-in-pasadena-usd/

http://janbtucker.com/blog/2012/02/26/opening-the-skeletons-closet/

What is actually shocking is that people continue to hire him, apparently without first simply “Googling” his name, which ought to be a pre-requisite for hiring a Private Investigator, an attorney, a doctor, or a contractor…….Not doing so can lead to many headaches.  One such headache could have been averted by the Claremont Unified School District (CUSD) and it’s attorneys if they’d bothered to check Saucerman out before utilizing his services:

https://www.claremont-courier.com/articles/news/t3190-cusd-investigation

https://www.claremont-courier.com/articles/news/t3048-claremont-sumner-principal-dismissed

So, let’s review what a school district or an attorney would have found out by conducting even a cursory search of the publicly available sources of knowledge on the internet about Ed Saucerman before hiring him:

  • Saucerman fabricated a testimonial letter purportedly written by a Deputy Attorney General and posted it on his website; the letter falsely claimed that he’d been hired by the California Department of Justice for an investigation
  • Saucerman fabricated a testimonial letter from another private investigator and falsely attributed its contents to the wrong investigator because he’d had a falling out with the real investigator who hired him on the case
  • Saucerman falsely claimed that he would not renew his membership in the California Association of Licensed Investigators (CALI) and then renewed that membership after his disastrous showing in the election for President of CALI’s rival, PICA (Professional Investigators of California)
  • Saucerman was sued for arresting and causing the incarceration of a student at Fontana High School on graduation day for suspicion of knowing who might have painted graffiti on school property
  • Saucerman has repeatedly made deceptive statements to other investigators and the public about his law enforcement experience in an attempt to lead people to believe he’d spent 16-17 years in the Los Angeles Police Department when in fact he didn’t even make it past probation
  • Saucerman was ordered off of the Fontana High School campus due to staff complaints

Now, even if Saucerman was the “Titan” of the investigative profession that he imagines himself to be, it would be extremely unwise for a school district, an attorney or any other client to hire Saucerman knowing this to be his record.  If he ever had to testify in court or any administrative hearing, he’d get beaten up with his reputation for dishonesty at the very least.  If Saucerman had been an employee rather than an independent contractor for the CUSD, he might very likely have gotten the district into a negligent hiring lawsuit, 79% of which are lost by employers according to a 2001 Public Personnel Management report (http://www.iso.com/Research-and-Analyses/ISO-Review/Negligent-Hiring-Employer-Risk.html).

If I was a taxpayer in the CUSD, I’d sure be thinking about filing a lawsuit pursuant to Section 526a of the California Code of Civil Procedure to insure that the district would never again squander public money by hiring either Ed Saucerman or the law firm that recommended him, Fagen Friedman & Fulfrost LLP, again.  Section 526a CCP provides that:

An action to obtain a judgment, restraining and preventing
any illegal expenditure of, waste of, or injury to, the estate,
funds, or other property of a county, town, city or city and county
of the state, may be maintained against any officer thereof, or any
agent, or other person, acting in its behalf, either by a citizen
resident therein, or by a corporation, who is assessed for and is
liable to pay, or, within one year before the commencement of the
action, has paid, a tax therein. This section does not affect any
right of action in favor of a county, city, town, or city and county,
or any public officer; provided, that no injunction shall be granted
restraining the offering for sale, sale, or issuance of any
municipal bonds for public improvements or public utilities.
   An action brought pursuant to this section to enjoin a public
improvement project shall take special precedence over all civil
matters on the calendar of the court except those matters to which
equal precedence on the calendar is granted by law.

The approximately $20,000.00 spent on Saucerman’s services according to the Claremont Courier was a waste of money.  Claremont taxpayers should do something about it.

 

 


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