Category Archives: constitution

Robert Mueller exposed Part 4, Attorney Sydney Powell exposes Mueller et al, “Mueller Report meets the rule of law”, Former Assistant United States Attorney

Posted on September 11, 2019 | 5 comments

Robert Mueller exposed Part 4, Attorney Sydney Powell exposes Mueller et al, “Mueller Report meets the rule of law”, Former Assistant United States Attorney

“It has become apparent that we are dealing with not only ‘mission creep’ by Robert Mueller, but with ‘a case of creeps on a mission — to destabilize and destroy this President.’”…Sydney Powell

“Weissmann is the lead villain in my book LICENSED TO LIE: Exposing Corruption in the Department of Justice which I published in 2014.  It’s a best-seller, non-fiction legal thriller.”…Sydney Powell

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

From the video below:

“Sidney Powell is the author of License to Lie, the most widely read book on institutional and individual corruption at the US Department of Justice. She is a writer, commentator and former Assistant United States Attorney with inside knowledge and experiences of how the US Department of Justice actually operates. Licensed to Lie is a frightening story of how “justice” is really delivered by the federal government’s most important and most powerful law enforcement agency.”

“Sidney has been lead counsel in more than 500 federal appeals, 350 of them as an Assistant United States Attorney and Appellate Section Chief in the Western and Northern Districts of Texas. She is a past president of the American Academy of Appellate Lawyers and the Bar Association of the Fifth Federal Circuit, and a member of the American Law Institute. It was from her experiences in several cases that she felt compelled to write.

Sidney Powell is North Carolina home grown – born in Durham and raised in Raleigh with a Bachelors degree and Juris Doctorate from UNC. The ICON team welcomed her to Chapel Hill, NC on April 29th, 2019.”

Sidney Powell is the new attorney for Michael Flynn.

 

From Creeps on a mission.

“Robert Mueller

Former Director of the FBI left his lucrative position at WilmerHale to become Special Counsel, investigating alleged “collusion” between the Trump Campaign and Russia. Mueller was initially heralded by both sides of the aisle—until they looked more closely. His past record as a prosecutor leaves much to be desired, and he hand-picked a team of blatant partisans and one very unethical prosecutor—Andrew Weissmann. Mueller is a long-time friend and colleague of immediate past FBI Director James Comey. The Strzok-Page text messages reveal that Mueller may have been kept informed during the Clinton email investigation despite the fact he was no longer in the government, and he may be the “insurance policy” they refer to in the event Trump was elected. To date, Mueller’s investigation has found no “collusion” or wrongdoing by President Trump despite working on it non-stop for over a year, and his indictments demonstrate that it has picked the people and searched the books and years of their business dealings to find crimes to pin on them.”

“Andrew Weissmann

Former head of the Enron Task Force, Weissmann was notorious for running rough-shod over everyone in his path. He destroyed Arthur Andersen and its 85,000 jobs by indicting the company—only to have the case reversed by the Supreme Court nine to zip. Then he turned his sights to Merrill Lynch executives. He, Kathryn Ruemmler and Matthew Friedrich made up crimes, hid evidence, lied to the court and jury, and sent four innocent men to prison for up to a year on their concocted case. On the #CreepsOnAMission T-shirt, Weissmann is trying to hide FBI 302s containing evidence favorable to the defense—like they did in the Merrill Lynch case. Weissmann is famous for prosecutorial terror tactics like the pre-dawn raid on Paul Manafort’s home, adding charges of obstruction of justice, and finding various ways to impair a defendant’s ability to mount a defense. Weissmann is the lead villain in my book LICENSED TO LIE: Exposing Corruption in the Department of Justice which I published in 2014. It’s a best-seller, non-fiction legal thriller.”

“James Comey

Former Director of the FBI. Comey followed his friend Robert Mueller into that position and held it until he was fired by President Trump. Comey made notes of his confidential and classified communications with the President, then leaked those to the New York Times through his friend at Columbia University. Comey admitted to Congress that he leaked information to the New York Times in hopes that it would prompt the appointment of a special counsel. Remarkably, Deputy AG Rod Rosenstein named his friend Robert Mueller as Special Counsel the very next day. Comey is now implicated in the egregious politicization of the FBI, “white-washing’ Clinton’s crimes, the phony FISA applications, and other wrong-doing at the FBI for which he is now under investigation by the Inspector General of the Department of Justice. Meanwhile, in the height of narcissism, Mr. Comey went on his book tour, painting himself as a paragon of virtue, while his recently released memos make clear he is a liar and sought to undermine President Trump from the get-go.”

Read more:

https://www.creepsonamission.com/

THE FOLLOWING VIDEO IS A MUST SEE.

Sidney Powell Exposes the “Collusion Dirt” with the “Mueller Report meets the Rule of Law”

 

More here:

https://citizenwells.com/

http://citizenwells.net/

5 Comments

Posted in 9/11, Accountability, Attorney General, Attorneys, Citizen News, Citizens for the truth about Obama, CitizenWells, Clintons, constitution, Courts, FBI, US Department of Justice

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Impeachment should begin for Ilhan Omar, Conviction of immigration fraud should result in loss of US citizenship and deportation, US tax fraud, MN campaign finance violation

Posted on July 24, 2019 | 27 comments

Impeachment should begin for Ilhan Omar, Conviction of immigration fraud should result in loss of US citizenship and deportation, US tax fraud, MN campaign finance violation

“In May Ilhan Omar (D-MN) was posing as a legal scholar and citing statutes that do not exist. She implied that President Trump must turn over his tax returns because the law requires it. Now that there are questions about Rep. Omar’s taxes, she won’t turn them over.”…The Mental Recession

“The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”…U.S. Constitution, Article II, section 4

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

Impeachment should begin immediately for Rep. Ilhan Omar and if she is convicted of immigration fraud, she should lose her US citizenship and be deported.

The following ethics complaint was filed against Rep. Ilhan Omar on July 22, 2019 by Judicial Watch.

“This letter serves as an official complaint with the Office of Congressional Ethics (OCE).

Substantial, compelling and, to date, unrefuted evidence has been uncovered that Rep. Ilhan Omar may have committed the following crimes in violation of both federal law and Minnesota state law: perjury, immigration fraud, marriage fraud, state and federal tax fraud, and federal student loan fraud.

Such violations would also breach the Code of Ethics for Government Service, to which all federal officeholders are subject, “Any person in Government service should uphold the Constitution, laws, and legal regulations of the United States and all governments therein and never be a party to their evasion.”
1 Rep. Omar actions in this suspected immigration fraud, marriage fraud, perjurious statements on her Minnesota divorce filings, and falsifications on her
tax returns, merit your immediate investigation.

In the words of investigative reporter David Steinberg: “The facts describe perhaps the most extensive spree of illegal misconduct committed by a House member in American history. “2

The evidence developed against Rep. Omar was the result of a three-year long
investigation in both the United States and the United Kingdom by Mr. Steinberg and his investigative reporter colleagues Preya Samsundar and Scott Johnson. It is supported by information gathered from public records, social media postings, genealogy databases, computer forensic analysis, unaltered digital photographs, discussions between the investigative reporters
and the subjects of the investigation themselves, and information supplied by confidential sources within the Somali-American community.

Documented-based reporting by Steinberg, et al. has developed the following
information: Rep. Ilhan Abdullahi Omar, a citizen of the United States, married her biological brother, Ahmed Nur Said Elmi, a citizen of the United Kingdom, in 2009, presumably as part of an immigration fraud scheme. The couple legally divorced in 2017. In the course of that divorce, Ms. Omar submitted an “Application for an Order for Service by Alternate Means” to the State
of Minnesota on August 2, 2017 and claimed, among other things, that she had had no contact with Ahmed Nur Said Elmi after June 2011. She also claimed that she did not know where to find him. The evidence developed by Mr. Steinberg and his colleagues demonstrates with a high degree of certainty that Ms. Omar not only had contact with Mr. Elmi, but actually met up with him in London in 2015, which is supported by photographic evidence. Ms. Omar signed the
“Application for an Order for Service by Alternate Means” under penalty of perjury. The very document that Ilham Omar signed on August 2, 2017 bears the following notation directly above her signature: “I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.”3

Of particular importance are archived photographs taken during a widely reported trip by Ilhan Omar to London in 2015, posted to her own Instagram account under her nickname “hameey”, in which she poses with her husband/presumed brother, Ahmed Elmi. These photographs from 2015 are documentary evidence that in fact she met up with Mr. Elmi after June 2011 and before the date she signed the divorce document in August 2017, thereby calling
into question the veracity of her claim that she had not seen Mr. Elmi since June 2011.4

Rep. Omar’s potential crimes far exceed perjurious statements made in a Minnesota court filing.

Rep. Omar’s conduct may include immigration fraud. It appears that Rep. Omar married her brother in order to assist his emigration to the United States from the United Kingdom. The same immigration fraud scheme may have aided Mr. Elmi in obtaining federally-backed student loans for his attendance at North Dakota State University. Mr. Elmi and Rep. Omar simultaneously attended North Dakota State University and may have derived illicit benefits
predicated on the immigration fraud scheme.

The State of Minnesota Campaign Finance and Public Disclosure Board has already determined that Rep. Omar violated state campaign finance laws for improper use of campaign funds. She was forced to reimburse her campaign thousands of dollars. More significantly, the Board discovered that the federal tax returns submitted by Rep. Omar for 2014 and 2015 were filed as “joint” tax returns with a man who was not her husband, named Ahmed Hirsi, while she
was actually married to Ahmed Elmi.5

Under federal law, specifically, 26 U.S. Code§ 7206.1, “Any person who willfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter … shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 3 years, or both, together with the costs of prosecution.”

Rep. Omar’s federal tax returns must be examined to determine whether any additional falsifications were made.”

Read more:

http://www.judicialwatch.org/wp-content/uploads/2019/07/Omar-ethics-complaint-07-22-19-1.pdf?D=1

“The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
— U.S. Constitution, Article II, section 4

https://history.house.gov/Institution/Origins-Development/Impeachment/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

27 Comments

Posted in Accountability, Citizen News, CitizenWells, Congress, constitution, impeachment, US Constitution, US House of Representatives

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George Washington Last Will and Testament of a good man, Freed his slaves and made provisions for their education & welfare, Transformed by his interactions

Posted on February 14, 2019 | 8 comments

George Washington Last Will and Testament of a good man, Freed his slaves and made provisions for their education & welfare, Transformed by his interactions

“If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation, for through this in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.”…George Washington

“Firearms are second only to the Constitution in importance; they are the peoples’ liberty’s teeth.”…George Washington

“The Constitution is the guide which I never will abandon.”…George Washington

 

The paradigm throughout human history until George Washington’s birth was that if you conquered a people they became your slaves or worse.

Africans and negroes were considered a sub species by Europeans.

With interactions with people of color from Revolutionary War soldiers to poet Philiss Wheatley, Washington came to realize that they were humans more like himself and that slavery was wrong. Quite a evolution.

George Washington was put upon a pedestal and treated like a God but he was human with the typical human imperfections.

But he was a good man.

From the NY Times.

”An Imperfect God: George Washington, His Slaves and the Creation of America”

“The breaking up of slave families for reasons of profit was, by Mr. Wiencek’s account, the first outrage to penetrate Washington’s self-interest. He traces Washington’s first awareness of this to time he spent in Williamsburg, Va., witnessing slave auctions held in response to an owner’s embezzling. ”In modern terms, it was as if the collapse of a Wall Street brokerage, due to the malfeasance of its officers, had led to the sale of the children of the cleaning staff to pay the debts of corporate vice presidents,” Mr. Wiencek writes.

And as a leader of soldiers, Washington was acutely aware of the importance of black soldiers even as he waffled over the question of their eventual freedom. ”George Washington won the Revolutionary War with an army that was more integrated than any military force until the Vietnam War,” Mr. Wiencek maintains. His book offers evidence that the role of black soldiers under Washington’s command was under-reported simply because it was taken for granted.

Rather than a debunking account, ”An Imperfect God” is one that measures the slow growth of Washington’s willingness to change. The author, with a great interest in genealogical research, points to many instances in which the situations of Washington’s own real and alleged family members (including West Ford, whose possible identity as Washington’s illegitimate son is explored but rejected — he may instead have been a nephew) could not help but provide impetus for change.”

https://www.nytimes.com/2003/11/03/books/books-of-the-times-washington-s-twisted-path-to-awareness-on-slavery.html

George Washington’s encounter with black poet Philiss Wheatley.

“In December of 1775, Washington – the newly appointed Commander-in-Chief of the Continental Army – received a letter from Wheatley containing an ode written in his honor. The poem illustrates Wheatley’s somewhat surprisingly passionate patriotic sentiment, which factors strongly in much of her poetry. It ends with a stanza reading: “Proceed, great chief, with virtue on thy side, / Thy ev’ry action let the goddess guide. / A crown, a mansion, and a throne that shine, / With gold unfading, WASHINGTON! Be thine.”

Washington responded with a letter expressing his appreciation for Wheatley’s poem. He even considered publishing it but feared people might interpret that action as self-aggrandizing. Not only was this letter the only one Washington is known to have written to a former slave, but he addressed Wheatley as “Miss Phillis” and signed off as “Your obed[ien]t humble servant,”1 unusual and even paradoxical courtesies. Washington also extended an invitation for Wheatley to call on him at his headquarters in Cambridge, Massachusetts.””

http://eachstorytold.com/2019/02/10/phillis-wheatley-poem-for-george-washington-washington-response-and-letter-rest-of-story/

From George Washington’s Last Will and Testament.

“Upon the decease ⟨of⟩ my wife, it is my Will & desire th⟨at⟩ all the Slaves which I hold in ⟨my⟩ own right, shall receive their free⟨dom⟩. To emancipate them during ⟨her⟩ life, would, tho’ earnestly wish⟨ed by⟩ me, be attended with such insu⟨pera⟩ble difficulties on account of thei⟨r interm⟩ixture by Marriages with the ⟨dow⟩er Negroes, as to excite the most pa⟨in⟩ful sensations, if not disagreeabl⟨e c⟩onsequences from the latter, while ⟨both⟩ descriptions are in the occupancy ⟨of⟩ the same Proprietor; it not being ⟨in⟩ my power, under the tenure by which ⟨th⟩e Dower Negroes are held, to man⟨umi⟩t them. And whereas among ⟨thos⟩e who will recieve freedom ac⟨cor⟩ding to this devise, there may b⟨e so⟩me, who from old age or bodily infi⟨rm⟩ities, and others who on account of ⟨the⟩ir infancy, that will be unable to ⟨su⟩pport themselves; it is m⟨y Will and de⟩sire that all who ⟨come under the first⟩ & second descrip⟨tion shall be comfor⟩tably cloathed & ⟨fed by my heirs while⟩ they live; and that such of the latter description as have no parents living, or if living are unable, or unwilling to provide for them, shall be bound by the Court until they shall arrive at the ag⟨e⟩ of twenty five years; and in cases where no record can be produced, whereby their ages can be ascertained, the judgment of the Court, upon its own view of the subject, shall be adequate and final. The Negros thus bound, are (by their Masters or Mistresses) to be taught to read & write; and to be brought up to some useful occupation, agreeably to the Laws of the Commonwealth of Virginia, providing for the support of Orphan and other poor Children. and I do hereby expressly forbid the Sale, or transportation out of the said Commonwealth, of any Slave I may die possessed of, under any pretence whatsoever. And I do moreover most pointedly, and most solemnly enjoin it upon my Executors hereafter named, or the Survivors of them, to see that th⟨is cla⟩use respecting Slaves, and every part thereof be religiously fulfilled at the Epoch at which it is directed to take place; without evasion, neglect or delay, after the Crops which may then be on the ground are harvested, particularly as it respects the aged and infirm; seeing that a regular and permanent fund be established for their support so long as there are subjects requiring it; not trusting to the ⟨u⟩ncertain provision to be made by individuals. And to my Mulatto man William (calling himself William Lee) I give immediate freedom; or if he should prefer it (on account of the accidents which ha⟨v⟩e befallen him, and which have rendered him incapable of walking or of any active employment) to remain in the situation he now is, it shall be optional in him to do so: In either case however, I allow him an annuity of thirty dollars during his natural life, whic⟨h⟩ shall be independent of the victuals and cloaths he has been accustomed to receive, if he chuses the last alternative; but in full, with his freedom, if he prefers the first; & this I give him as a test⟨im⟩ony of my sense of his attachment to me, and for his faithful services during the Revolutionary War.”

“To the Trustees (⟨Go⟩vernors, or by whatsoever other name they may be designated) of the Academy in the Town of Alexandria, I give and bequeath, in Trust, four thousand dollars, or in other words twenty of the shares which I hold in the Bank of Alexandria, towards the support of a Free school established at, and annexed to, the said Academy; for the purpose of Educating such Orphan children, or the children of such other poor and indigent persons as are unable to accomplish it with their own means; and who, in the judgment of the Trustees of the said Seminary, are best entitled to the benefit of this donation. The aforesaid twenty shares I give & bequeath in perpetuity; the dividends only of which are to be drawn for, and applied by the said Trustees for the time being, for the uses above mentioned; the stock to remain entire and untouched; unless indications of a failure of the said Bank should be so apparent, or a discontinuance thereof should render a removal of this fund necessary; in either of these cases, the amount of the Stock here devised, is to be vested in some other Bank or public Institution, whereby the interest may with regularity & certainty be drawn, and applied as above. And to prevent misconception, my meaning is, and is hereby declared to be, that these twenty shares are in lieu of, and not in addition to, the thousand pounds given by a missive letter some years ago; in consequence whereof an annuity of fifty pounds has since been paid towards the support of this Institution.”

http://eachstorytold.com/2019/02/14/george-washington-last-will-and-testament-mount-vernon-july-9-1799-will-desire-all-slaves-i-hold-shall-receive-their-freedom/

 

 

More here:

https://citizenwells.com/

http://eachstorytold.com/

 

 

8 Comments

Posted in American hero, American Revolution, Books, Citizen News, CitizenWells, constitution, Founding Fathers, Slavery, Washington DC

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Fourteenth Amendment birthright citizenship, Trump right Ryan and other Democrats wrong, Alien parent(s) must be domiciled in US legally, Misquoted and misused to protect Obama and agenda

Posted on November 1, 2018 | 16 comments

Fourteenth Amendment birthright citizenship, Trump right Ryan and other Democrats wrong, Alien parent(s) must be domiciled in US legally, Misquoted and misused to protect Obama and agenda

“Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.”
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”…Marbury V Madison

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

Attorney Mario Apuzzo has done an oustanding job for years of clarifying the US Constitution and statutes in regard to US citizenship and Natural Born Citizen.

The following addresses the citizen birthright bestowed by the Fourteenth Amendment.

“In Article II, the Constitution demands the status of “natural born.” In the Fourteenth Amendment, it demands “born” in the United States and “subject to its jurisdiction” at the time of birth. Only a child born in the country (or its jurisdictional equivalent) to citizen parents can be an Article II “natural born” “Citizen of the United States.” Minor v. Happersett (1875). In contradistinction, a child born in the United States (or its jurisdictional equivalent) to one or two alien parents can under the Fourteenth Amendment be a “born” “citizen of the United States.” U.S. v. Wong Kim Ark (1989).  It should be noted that Wong Kim Ark also added in its holding that the alien parents of the U.S.-born child were domiciled in the United States.  The Court felt that the fact of domicile gave the United States sufficient jurisdiction over the parents which at birth spilled over to the child.”

http://puzo1.blogspot.com/search?q=fourteenth

There is a huge difference between visiting the US illegally and being legally domiciled here.

Legal definition: “Domicile is a person’s permanent place of dwelling. It is a legal relationship between a person and a locality. ”

state of domicile.: “The state in which a person has his/her permanent residence or intends to make his/her residence, as compared to where the person is living temporarily.”

Case closed!

Next subject.

Once again, Trump is right and the Democrats and spineless RINOs are wrong.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

16 Comments

Posted in Accountability, Attorneys, Citizen, Citizen News, Citizens for the truth about Obama, CitizenWells, Civil rights, constitution, illegal aliens, Illegal immigrants, Immigrants

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Thrivent incompetence misrepresentation fraud, My first claims experience not unique, Thrivent touts core Christian values and beneficial dispute resolution, Wolf in sheep’s clothing directed by Devil’s Advocates

Posted on July 25, 2018 | 49 comments

Thrivent incompetence misrepresentation fraud, My first claims experience not unique, Thrivent touts core Christian values and beneficial dispute resolution, Wolf in sheep’s clothing directed by Devil’s Advocates

“The MDRP is the sole means for presenting and resolving grievances, complaints, or disputes between Members, insureds, certificate owners or beneficiaries and Thrivent or Thrivent’s directors, officers, agents and employees. The MDRP reflects Thrivent’s Christian belief system and strives to preserve Members’ fraternal relationship.”…Thrivent vs Perez Sept. 29, 2016

“pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.”…NAIC, National Association of Insurance Commissioners, August 15, 2016

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

 

From my recent letter to Mike Causey, NC Insurance Commissioner:

“My first claims experience with AAL/Thrivent was 2001-2003. It was an eye opening experience. This was never intended to be a large claim or “war.” I did experience a series of incompetence, misrepresentation, adversarial responses and a great deal of frustration. I even learned later, after requesting conversation transcripts, that I had been slandered and libeled. This earlier experience, put aside because it was not a war, not life devastating, is resurrected in the context of being a pattern and not appropriately handled by the Insurance Commission in 2003.”

From Thrivent v. Acosta Nov. 3, 2017.

“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”

They have avoided adversarial litigation and replaced it with adversarial claims processes and dispute resolution controlled by their Devil’s Advocates. This has benefited Thrivent.

Here is a summary of what transpired from 2001-2003.

  • My knee went out early in 2001 (old football injury). My profession, computer consulting required much walking through warehouses and offices.
  • I was diagnosed on 6/18/01 with “severe osteoarthritis with progressively increasing pain and lack of function.”
  • Knee replacement surgery was scheduled for 12/17/01.
  • The local Thrivent rep urged me to file a claim. I did so. It was the right decision and the impact on my life was more significant than I expected.
  • My policy states that total disability is a disability that prevents one from performing their regular occupation. Clearly the date should fall between 6/18/01 and 12/17/01. I was unable to perform my regular occupation prior to surgery.
  • The doctor filled out a claims form and indicated 12/17/01 as the date of disability. The date of surgery. Why? Because Thrivent used the terminology “Unable to work” instead of the contract language.
  • I had a phone conversation with Thrivent claims, the beginning of a series of insane dialogues with people who were not listening about the disability.
  • It is important to note that I was in much pain before, during and after surgery, unable to work and dealing with other life stresses. This is an elephant in the room of insurance claims.
  • I received a letter from Ann Weyenberg of Thrivent dated 12/7/01 which states the correct contract language and reminds me to review the contract. Apparently I was the only one doing so.
  • I was in the hospital 5 days. My surgeon said my knee was the worst he had seen.
  • On 12/26/01, from a transcript I later obtained, Dave Burnette, the local rep, speaking to claims rep Jen Schroeder, uses the phrase “unable to work” instead of the proper contract language. Incompetence/misrepresentation is widespread.
  • On 2/4/02 I had a conversation with claims rep Sandy Kruse. I referred to the claims form as a disgrace and the process sleazy. She obviously was trained to respond in a certain manner and had no clue about the contract. I later learned that she and Dave Burnette slandered and libeled me.
  • I went round and round going back and forth between the claims people and the doctor getting nowhere but frustrated. There was a 3 month waiting period in the contract before benefits would kick in. I later learned there is more to that story and that is why they put so much effort into controlling the disability date.
  • In 2003, on the recommendation of an attorney, I filed a complaint with the NC Insurance Commission. From my recent letter to the commissioner: “The first complaint I filed with the NC Insurance Commission was a travesty. Apparently no investigation was performed, no one requested more info from me and the word of Thrivent was taken as Gospel. I believe this has empowered them to believe they are untouchable.”
  • This matter was put aside until I had a more serious claim with Thrivent.
  • I had a more serious claim in 2009. The first encounter is fully documented and presented again to the NC Insurance Commission. One of the discoveries: Thrivent corrected the claim form to reflect the wording of the contract.

Below is some of the documentation.

“Thrivent letter December 7, 2001, Ann Weyenberg.

A disability prevents performing regular occupation.

And  I am reminded to review the contract.

 

Claim form filled out by Dr. Aluisio (smoking gun).

  1. Notice, there is no date of disability per the contract language, the date unable to perform regular occupation.
  2. Date patient became medically unable to work does not match the contract and is a Social Security definition.
  3. Notice below that “Is patient medically able to return to the above noted occupation?”. Now they use contract language.
  4. Notice part-time checked.
  5. “Do you feel the patient is medically able to perform another occupation?” No checked.
  6. Under Current limitations / restrictions: Standing and walking checked. The doctor and Thrivent had been notified that walking was an integral part of my profession.

Furthermore, the diagnosis from June 18, 2001 revealed a funtional loss and pain.

Clearly the date of disability should have at least been somewhere between 6/19/01 and prior to surgery on 12/17/01.

I had several conversations with Thrivent personnel about the wording, each time I was ignored. Apparently the worker bees had no concept of the contract and probably believed that “unable to work” was perfectly acceptable. Management and legal staff should know better.

On February 4, 2002 I had a lengthy conversation with Sandy Kruse. She appeared confused when I requested clarification of the term “earned income.” She had no concept of what I was talking about. I was still in pain and frustrated with Thrivent’s attitude. I called form DL259, that the doctor filled out a disgrace and the process as sleazy. Incompetent and/or evil are probably more appropriate.

After going round and round with Thrivent and getting nowhere, an attorney suggested I file a complaint with the NC Insurance Commission. I did so.

NC Insurance Commission complaint.

“An attorney advised me to file a complaint with the NC Insurance Commission. I did so on September 24, 2003.”

“After the so called investigation, the Commission responded.

As you can see, they take Thrivent’s word and do no real investigation. They did not contact me with questions or for more input.

However, it was not a total waste of time.

  • This proves that Thrivent believed they were bound by NC insurance laws.
  • This proves that Thrivent continued their incompetent/fraudulent position of using “unable to work” instead of the contract language and had the gaul to maintain their position with the NC Insurance Commission. Misrepresentation.
  • Finally, Thrivent’s Ann Weyenberg, who wrote the December 7, 2001 letter quoting the contract correctly then, sent the following to the Insurance commission in a letter dated .October 14, 2003.

Ann Weyenberg begins:

“I’d like to explain some provisions of his disability contract:”

Really?

Notice that after “An occupation means the covered person’s regular occupation,” “but work part-time during the first 24 months of total disability.” does not match the contract language or the letter from Ann Weyenberg (see above) dated December 7, 2001.

Thrivent misrepresented the policy to the NC Insurance Commission!

Incompetence or Fraud?”

Read more:

http://eachstorytold.com/2018/07/10/thrivent-disability-claim-denial-complaint-to-nc-insurance-commission-no-investigation-just-echo-of-thrivents-statements-did-prove-thrivent-bound-by-law-and-their-misrepresentation/

 

In a letter dated August 14, 2004, Dr. Aluisio states why he used the date of surgery as the disability date.

It is obviously not the definition used in the policy. It is, as shown above, what Thrivent used on the claim form.

I do not know when Thrivent corrected the claim form, but if you retrieve one online now, this is what you see.

“Date patient became medically unable to perform activities listed above (mm/dd/yyy)“, which is correct replaces “unable to work”.

http://eachstorytold.com/2018/07/22/thrivent-disability-claim-denial-my-first-experience-part-4-thrivent-claim-form-doctor-forced-to-use-definition-provided-by-thrivent-unable-to-work-instead-of-contract-unable-to-perform-regul/

 

 

 

 

 

49 Comments

Posted in Arbitration, Attorneys, Citizen News, CitizenWells, Civil rights, constitution, Insurance

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Thrivent Financial for Lutherans v. Colin Brock appeal, Thrivent nonpayment of disability benefits, Order denying Thrivent’s motion to confirm arbitration award, Brock alleges fraud corruption or other undue means

Posted on July 10, 2018 | 21 comments

Thrivent Financial for Lutherans v. Colin Brock appeal, Thrivent nonpayment of disability benefits, Order denying Thrivent’s motion to confirm arbitration award, Brock alleges fraud corruption or other undue means

“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”…Thrivent v. Acosta Nov. 3, 2017

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

“Martin Luther may or may not have stated ‘Here I Stand’ but his actions certainly did.”…Citizen Wells

 

From Thrivent Financial for Lutherans v. Colin Brock.

“This interlocutory appeal and original proceeding arise from a dispute between Colin Brock and his insurer, Thrivent Financial for Lutherans (“Thrivent”) over nonpayment of disability benefits, which Brock claims Thrivent owes him under a Thrivent insurance policy.   As required by the policy, the trial court compelled the parties to arbitrate.   Following an evidentiary hearing, the arbitrator denied Brock’s claims.   Thrivent moved the trial court to confirm the arbitration award.   In turn, Brock requested the trial court to vacate the arbitration award on the ground that the award was obtained “by fraud, corruption, or other undue means.”   The trial court signed an order denying Thrivent’s motion to confirm the award, vacating the arbitration award, and directing a rehearing before a new arbitrator.   Thrivent appeals the order and also seeks review by way of a petition for writ of mandamus.   Brock contends that we have no appellate jurisdiction over the interlocutory order and requests that the petition for mandamus be denied.

We dismiss Thrivent’s interlocutory appeal for lack of jurisdiction and deny its petition for writ of mandamus.”

https://caselaw.findlaw.com/tx-court-of-appeals/1108836.html

AAL, Aid Association for Lutherans, implemented a change to their contracts, retroactively in 1999, to impose mandatory dispute resolution consisting of Appeal, Mediation and Arbitration in lieu of litigation. Their member dispute resolution program is referred to as MDRP. They claim, and many courts have upheld that they could implement and enforce the change retroactively due to their fraternal status. This has not been challenged in all states and since the states differ on how insurance entities are treated, this is still an open question.

The embracing of mandatory arbitration has become widespread in consumer and employment contracts. This has led to a huge impact on our day in court and given companies much power to control outcomes and continue unsavory practices, harmful to consumers.

This is not just a Thrivent problem or insurance problem, it is a problem affecting the daily lives of all Americans. Thrivent’s practice of using their special status is particularly unjust and alarming and runs contrary to their platitudes touted in company policies.

Thrivent v. Brock revelations and questions.
  • Brock alleges: “the award was obtained ‘by fraud, corruption, or other undue means.’”  We have no way of knowing because the MDRP, culminating in arbitration, was held behind closed doors, out of the light of day of a courtroom.
  • Brock had taken the arbitration decision to trial court and next the appeals court. How much were the legal fees?
  • Thrivent has a large legal staff and engages outside legal firms who specialize in disability cases.
  • How much time elapsed from the first disability claim to the appeals court decision and probable redo of arbitration?
  • What happened next? Arbitration? What was the outcome.
  • What is Colin Brock’s disability? Is it life threatening or painful? Is Mr. Brock getting adequate treatment?
  • Was Mr. Brock able to pay his bills? Feed a family?
  • How has the MDRP process helped Mr. Brock? Did he experience the blessings of the Christian beliefs touted by Thrivent?
  • How many Thrivent members drop out of this MDRP process for various reasons such as too engulfed in pain and stress or discouraged by improper Thrivent procedures and attitudes? Mr. George Tiedemann went through the process for 2 years and dropped out. He was 83.
  • How many Thrivent members were shocked to find out that the policy they took out years earlier, had been modified without their consent or signature?
  • How many Thrivent members sought legal representation to no avail because many attorneys will not touch a case with mandated arbitration?

 

“Thrivent’s Christian Calling

Thrivent’s Lutheran heritage of answering God’s call has led to a strong membership-owned organization that now welcomes Christians seeking to live out their faith.

Fraternal benefit societies have a common bond among members. Thrivent’s common bond is Christianity. We embrace the core Christian beliefs as articulated in the Apostles’ Creed as follows:

I believe in God, the Father almighty, maker of heaven and earth.
I believe in Jesus Christ, his only Son, our Lord, who was conceived by the Holy Spirit, born of the virgin Mary, suffered under Pontius Pilate, was crucified, died, and was buried. He descended into hell. The third day he rose again from the dead. He ascended into heaven and is seated at the right hand of God the Father almighty. From there he will come to judge the living and the dead.
I believe in the Holy Spirit, the holy Christian Church, the communion of saints, the forgiveness of sins, the resurrection of the body, and the life everlasting.

If you share these beliefs, we invite you to join other Thrivent members called to pursue a life of generosity and wisdom with money.”

https://www.thrivent.com/about-us/files/28023.pdf

Here I stand.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

21 Comments

Posted in Accountability, Arbitration, Attorneys, Bill of Rights, Citizen News, constitution, Court of Appeals, Courts, Insurance, Justice

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Declaration of Independence grievance “For depriving us in many cases, of the benefit of Trial by Jury”, July 4, 2018, Forced arbitration depriving us of our day in court

Posted on July 4, 2018 | 31 comments

Declaration of Independence grievance “For depriving us in many cases, of the benefit of Trial by Jury”, July 4, 2018, Forced arbitration depriving us of our day in court

“Our Constitution is in actual operation; everything appears to promise that it will last; but nothing in this world is certain but death and taxes.” … Benjamin Franklin

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

July 4, 1776:

“For depriving us in many cases, of the benefit of Trial by Jury”

July 4, 2018:

Forced arbitration is depriving us of our day in court.

From Citizen Wells February 20, 2008.

“Ever since I first read the US Declaration of Independence as a child, I have loved the message, wording and spirit of this incredible declaration. I still have a copy that I framed as a child and I still look upon it with reverence. I especially love the paragraph beginning, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” We should treasure these words and the entire document, never take it for granted and reread it as often as possible. My ancestor was a signer of the Tryon Resolves, almost a year before the US declaration. That fact makes the US declaration even more special for me. Here is the US Declaration of Independence:

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”

Declaration of Independence, July 4 1776, We hold these truths to be self evident

 

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http://citizenwells.net/

 

 

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Thrivent denies 96 year old Elaine Tollefson assisted living help, Paid on policy 26 years, Fine print and appeal panel denial, What happened to spirit of law and Christianity?

Posted on July 3, 2018 | 14 comments

Thrivent denies 96 year old Elaine Tollefson assisted living help, Paid on policy 26 years, Fine print and appeal panel denial, What happened to spirit of law and Christianity?

“Since 1999, Thrivent has required that disputes with members related to insurance products be resolved through its Member Dispute Resolution Program (“MDRP”). (See Johnston Decl. ¶ 9.) The MDRP provides for a multi-tiered dispute resolution process, escalating eventually (if necessary) to binding arbitration based on the rules of the American Arbitration Association. (See id., Ex. B at § 11(c).) Of particular relevance to this matter, the MDRP mandates that all mediation or arbitration be individual in nature—representative or class claims of any sort, whether arbitral or judicial, are expressly barred. (See id., Ex. B at § 11(e).) Thrivent contends that its commitment to individual arbitration is “important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.”…Thrivent v. Acosta Nov. 3, 2017

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

From the Star Tribune.

“Insurance policy’s fine print trumps 96-year-old’s good faith

On her 96th birthday earlier this month, Elaine Tollefson celebrated with a visit from out-of-town grandkids to her home, an assisted living center in central Nebraska.

But there’s one birthday present she still wants from Minneapolis-based Thrivent Financial: Checks to help defray the cost of that home.

Tollefson has paid the monthly premiums on her long-term care insurance policy for 26 years. In April, Thrivent told Tollefson that she cannot collect any benefits because she did not follow her policy’s protocol of spending three days in the hospital first.

It’s a requirement no longer allowed in Nebraska, but policies that predated that law change are still valid. Like many people with long-term care policies, Tollefson learned the hard way that the help wasn’t there when she needed it.”

“For Tollefson, the insurer was more than just another company. When her husband bought their policies in 1988, he was actively involved in what was then known as Lutheran Brotherhood. Though Thrivent Financial dropped “for Lutherans” from its name earlier this year, it remains a not-for-profit membership organization, despite its Fortune 500 listing and $6.9 billion surplus generated last year. Its motto is “Connecting faith and finances for good.”

After growing up in southwestern Minnesota, Tollefson married a man named Aad (pronounced “odd”), though everyone called him Tolley. He was a chemist who worked on the Manhattan Project and then for DuPont, which transferred him all over the country. The Tollefsons had four daughters and settled in Gothenburg, Neb., a little town on the Platte River.

“I thought if I had to go on long-term care, I would have that insurance, plus my Social Security, that would take care of most everything,” Tollefson said.”

“Aad Tollefson died in 2002, having never made a claim on his policy. His widow went into the hospital for kidney failure in February 2013, but decided to move back home afterward until she could no longer make it work. That moment came in April, when she moved into the Stone Hearth Estates assisted living housing, which costs about $3,400 per month. The long-term care insurance would pay $40 a day, a little over a third of the cost, or so she thought.

But Tollefson did not qualify, because she didn’t go into institutional care within 90 days of her hospital visit.

Her grandchildren contacted her insurance agent and got the bad news. Their appeal to Thrivent’s appeal panel was rejected last month.

“The panel acknowledged your long-term association with Lutheran Brotherhood/Thrivent as well as your determination to stay in your house and remain independent as long as possible,” Thrivent wrote in its denial letter. “Your actions are indeed commendable; however, these actions cannot supersede the contract requirements.”

“Thrivent members look for and expect Thrivent to provide benefits according to the policy,” the company said in its statement to the Star Tribune.”

Read more:

http://www.startribune.com/shiffer-insurance-policy-s-fine-print-trumps-96-year-old-s-good-faith/286465911/?c=y&page=all&prepage=1#continue

Note the following:

  • “Since 1999, Thrivent has required that disputes with members related to insurance products be resolved through its Member Dispute Resolution Program (“MDRP”). Hence no litigation. No day in court. No light of day. Retroactively applies. However, not tested in all state courts.
  • “Thrivent told Tollefson that she cannot collect any benefits because she did not follow her policy’s protocol of spending three days in the hospital first.”
  • “Thrivent members look for and expect Thrivent to provide benefits according to the policy,” Thrivent quoted in article. YES INDEED!

Remember the above, these themes will be revisited.

 

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

14 Comments

Posted in Accountability, Attorneys, Bill of Rights, Citizen News, Civil rights, constitution, Insurance

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US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

Posted on July 1, 2018 | 37 comments

US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

“The road to hell is paved with good intentions.”…Karl Marx

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

People around me and online may try to put me in a nice neat box such as Republican.

I do not fit.

What I am is an American who adheres to the US Constitution and rule of law.

I am not against arbitration on principle. Mutually agreed to.

I am against forced, mandated arbitration which strips away one of our basic rights.

Our day in court.

From the New York Times.

“Supreme Court Upholds Workplace Arbitration Contracts Barring Class Actions

The Supreme Court on Monday ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues.

The vote was 5 to 4, with the court’s more conservative justices in the majority. The court’s decision could affect some 25 million employment contracts.

Writing for the majority, Justice Neil M. Gorsuch said the court’s conclusion was dictated by a federal law favoring arbitration and the court’s precedents. If workers were allowed to band together to press their claims, he wrote, “the virtues Congress originally saw in arbitration, its speed and simplicity and inexpensiveness, would be shorn away and arbitration would wind up looking like the litigation it was meant to displace.”

Justice Ruth Bader Ginsburg read her dissent from the bench, a sign of profound disagreement. In her written dissent, she called the majority opinion “egregiously wrong.” In her oral statement, she said the upshot of the decision “will be huge under-enforcement of federal and state statutes designed to advance the well being of vulnerable workers.”

Justice Ginsburg called on Congress to address the matter.

Brian T. Fitzpatrick, a law professor at Vanderbilt University who studies arbitrations and class actions, said the ruling was unsurprising in light of earlier Supreme Court decisions. Justice Gorsuch, he added, “appears to have put his cards on the table as firmly in favor of allowing class actions to be stamped out through arbitration agreements.”

As a result, Professor Fitzpatrick said “it is only a matter of time until the most powerful device to hold corporations accountable for their misdeeds is lost altogether.””

“Under those contracts, Justice Ginsburg wrote, it is often not worth it and potentially dangerous to pursue small claims individually. “By joining hands in litigation, workers can spread the costs of litigation and reduce the risk of employer retaliation,” she wrote.

The contracts may also encourage misconduct, Justice Ginsburg wrote.

“Employers, aware that employees will be disinclined to pursue small-value claims when confined to proceeding one-by-one, will no doubt perceive that the cost-benefit balance of underpaying workers tips heavily in favor of skirting legal obligations,” she wrote, adding that billions of dollars in underpaid wages are at issue.

Justice Ginsburg added that requiring individual arbitrations can produce inconsistent results in similar cases, particularly because arbitrations are often confidential.”

“In a 2015 dissent, Justice Ginsburg, citing a New York Times article examining arbitration agreements, wrote that the 2011 decision and later ones “have predictably resulted in the deprivation of consumers’ rights to seek redress for losses, and, turning the coin, they have insulated powerful economic interests from liability for violations of consumer protection laws.””

Read more:

https://www.nytimes.com/2018/05/21/business/supreme-court-upholds-workplace-arbitration-contracts.html

Having experienced the abuse of mandated arbitration first hand, I agree with Justice Ginsburg.

It may be the only time it happens, but injustice is injustice.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

37 Comments

Posted in Americans, Attorneys, Bill of Rights, Civil rights, constitution, Corporate accountability, corruption, Courts, Supreme Court, US Constitution

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Forced arbitration the hidden enemy that has eroded our basic right for our day in court, Mandated dispute resolution impact, NY Times: Stacking the deck of justice

Posted on June 24, 2018 | 11 comments

Forced arbitration the hidden enemy that has eroded our basic right for our day in court, Mandated dispute resolution impact, NY Times: Stacking the deck of justice

“The road to hell is paved with good intentions.”…Karl Marx

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

Citizen Wells was begun early in 2008 to write about injustice.

Because of an injustice that has been done to me, I have done extensive research on mandatory dispute resolution which increasingly is being forced upon us. It typically involves a process of appeal, mediation and binding arbitration.

The US Supreme court has further strengthened the hold it has on us in employee and employer disputes in a recent decision.

We have all been concerned about our Bill of Rights, especially First and Second Amendment rights.

But our day in court is also important and it has been eroded little by little in most of the contracts that affect our daily life from consumer phone contracts and employment contracts to insurance contracts.

We can no longer assume that if a contract we have with a company is breached that we can just take them to court. And the companies (wolves in sheep’s clothing) control much of the process.

From the NY Times October 31, 2015.

“Arbitration Everywhere, Stacking the Deck of Justice”

“On Page 5 of a credit card contract used by American Express, beneath an explainer on interest rates and late fees, past the details about annual membership, is a clause that most customers probably miss. If cardholders have a problem with their account, American Express explains, the company “may elect to resolve any claim by individual arbitration.”

Those nine words are at the center of a far-reaching power play orchestrated by American corporations, an investigation by The New York Times has found.

By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies like American Express devised a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices.

Over the last few years, it has become increasingly difficult to apply for a credit card, use a cellphone, get cable or Internet service, or shop online without agreeing to private arbitration. The same applies to getting a job, renting a car or placing a relative in a nursing home.

Among the class actions thrown out because of the clauses was one brought by Time Warner customers over charges they said mysteriously appeared on their bills and another against a travel booking website accused of conspiring to fix hotel prices. A top executive at Goldman Sachs who sued on behalf of bankers claiming sex discrimination was also blocked, as were African-American employees at Taco Bell restaurants who said they were denied promotions, forced to work the worst shifts and subjected to degrading comments.

Some state judges have called the class-action bans a “get out of jail free” card, because it is nearly impossible for one individual to take on a corporation with vast resources.”

“By banning class actions, companies have essentially disabled consumer challenges to practices like predatory lending, wage theft and discrimination, court records show.

“This is among the most profound shifts in our legal history,” William G. Young, a federal judge in Boston who was appointed by President Ronald Reagan, said in an interview. “Ominously, business has a good chance of opting out of the legal system altogether and misbehaving without reproach.”

“More than a decade in the making, the move to block class actions was engineered by a Wall Street-led coalition of credit card companies and retailers, according to interviews with coalition members and court records. Strategizing from law offices on Park Avenue and in Washington, members of the group came up with a plan to insulate themselves from the costly lawsuits. Their work culminated in two Supreme Court rulings, in 2011 and 2013, that enshrined the use of class-action bans in contracts. The decisions drew little attention outside legal circles, even though they upended decades of jurisprudence put in place to protect consumers and employees.”

“Corporations said that class actions were not needed because arbitration enabled individuals to resolve their grievances easily. But court and arbitration records show the opposite has happened: Once blocked from going to court as a group, most people dropped their claims entirely.”

“Law enforcement officials, though, say they have lost an essential tool for uncovering patterns of corporate abuse. In a letter last year to the Consumer Financial Protection Bureau, attorneys general in 16 states warned that “unlawful business practices” could flourish with the proliferation of class-action bans.”

“The consequences of arbitration clauses can be seen far beyond the financial sector. Even lawsuits that would not have been brought by a class have been forced out of the courts, according to the Times investigation. Taking Wall Street’s lead, businesses — including obstetrics practices, private schools and funeral homes — have employed arbitration clauses to shield themselves from liability, interviews and arbitration and court records show.

Thousands of cases brought by single plaintiffs over fraud, wrongful death and rape are now being decided behind closed doors. And the rules of arbitration largely favor companies, which can even steer cases to friendly arbitrators, interviews and records show.”

Read more:

https://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html?_r=0

 

More here:

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http://citizenwells.net/

 

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