Judge John Walker, Jr
The Second Circuit back in March refused to reverse a contempt order imposed on an allegedly recidivist stock fraudster. What is amazing is Judge John Walker, Jr, Bush’s cousin, grabbed his appeal and really abused his power. This guy should be driven from the court with tar & feathers like in the old days. Edward A. Durante, was sued by the SEC over a purported stock manipulation scheme involving Internet technology company Wamex Holdings Inc. Durante’s challenged the contempt order stating the contempt is not supported by clear and convincing evidence. No contempt in New York city ever complies with the constitution in federal court that I have ever seen.Durante plead guilty to criminal charges based on the same conduct and was imprisoned from 2002 to 2009. He had paid over $35 million in assets handing them to his former attorneys in 2002 for restitution in the criminal case. He argued that the SEC has failed to show he had not been compliant with the government. The SEC contended that Durante was still on the hook for over $25 million to them. Durante argued that the default judgment was ambiguous, since it purported to be a disgorgement order yet also required Durante to turn over assets already seized by and relinquished to the government. Durante claimed he had already marshaled his assets for the government before his sentencing in 2003, and said SEC lawyers affirmatively represented to him in 2004 that the judgment was satisfied.
Nevertheless, Judge Walker found that because the default judgment instructed Durante to pay the funds to the “clerk of court”, any disgorgement by assignment or transfer of assets to a third party was irrelevant. So in other words, every agency can go after you for the same amount of money because Walker effectively held that if you paid even in full to one agency, it does not matter and cannot be credited toward another. There is absolutely no foundation in law for Judge Walker’s abusive pro-government decision.
Now this week, another contempt was imposed in New York City federal court confirming anyone who has any account tied to a New York entity should get the hell out of town and fast. New York U.S. District Judge Paul A. Engelmayer on Tuesday said the founder of defunct hedge fund ThinkStrategy Capital Management LLC, who owes the SEC and others nearly $30 million, is still in contempt of court and must remain incarcerated indefinitely. Engelmayer said he was troubled by the lack of effort on the part of Chetan Kapur to show that he doesn’t have access to significant assets or to help his attorneys gain access to an email account which may shed light on whether or not he has funds in overseas bank accounts. In other words, he is in prison and will not be released until he PROVES he has no money overseas. The SEC has flipped the law so you are now guilty until you prove yourself innocent.
Now Kapur’s lawyers are considering taking legal action in D.C. federal court to compel the International Consortium of Investigative Journalists (ICIJ) to release the information from the Panama Papers on Kapur so they can prove this negative. So the ICIJ have all these documents which they are REFUSING to release probably because it impacts people they support like Hillary, and the public really does not know the full truth. This case may be very interesting since the only way for Kapur to now get out of prison is to prove he does not have funds overseas. Contempt is supposed to be “coercive” so this requires you to do something that the court “knows” you can do. To imprison someone indefinitely because he “might” have funds overseas you do not know about is exactly opposite of the law and violates human rights. You cannot prove a negative and there is no possible way any federal judge in New York would ever believe a citizen over the government. It will NEVER happen. There have been a few exceptions of an honest judge. But they are rare indeed. The NY Federal courts no longer follow innocent until proven guilty. They are using contempt where suspicion is equivalent to proof; trial to condemnation if they would allow you a trial and with contempt they say you have no right to a public trial.
No one should have any account in New York City simply because they can do whatever they want and you have no chance of going to court and getting a fair heading against any of the New York bankers. Just stay the hell out of that town. MY STRONGEST ADVICE – DO NOT HAVE ANY ACCOUNT WITH ANY INSTITUTION DOMICILED WITH ITS HEADQUARTERS IN NEW YORK CITY. The Southern District of New York will protect the banks 120% against any customer. Deal ONLY with institutions domiciled in other states (NOT A BRANCH OF A NEW YORK BANK OR BROKER). It is impossible to obtain a fair trial in NYC and Judge Walker will deny you a trial under the pretense that a judge’s personal desire for power supersedes the constitution and still has the powers to act as they did under King George III. In other words, the American Revolution did not change any powers of a judge. Congress passed a limit to civil contempt of 18 months imprisonment maximum, 28 USC 1826. Judge Walker has ruled judges have “inherent” power that Congress cannot override and due process of law has no restraining impact.
Many argue you cannot do business in Russia or China because they still lack the RULE OF LAW. I am sorry, but so does New York City. When I asked a lawyer in New York why the government never charges bankers; his response was telling: “You do not shit where you eat.” There is simply no hope to save the system anymore without a complete crash and burn. Even if you found a journalist who would champion your case, they are subject to their editors and follow the commands of management who in turn are also subservient to the bankers. It is hopeless. All you can do is get out of town. These judges will imprison you for life in New York City using contempt and deny you any trial and they are void of any pity or remorse no less honor. It is now the judges who have complete contempt for the Constitution, human rights, and the RULE OF LAW. When the RULE OF LAW collapses, so does society.
Edward Gibbon wrote in his Decline and Fall of the Roman Empire:
“Suspicious princes often promote the last of mankind, from a vain persuasion, that those who have no dependence, except on their favor, will have no attachment, except to the person of their benefactor.”
Edward Gibbon wrote of him: Each
“distinction of every kind soon became criminal. The possession of wealth stimulated the diligence of the informers; rigid virtue implied a tacit censure of the irregularities of Commodus; important services implied a dangerous superiority of merit; and the friendship of the father always insured the aversion of the son. Suspicion was equivalent to proof; trial to condemnation. The execution of a considerable senator was attended with the death of all who might lament or revenge his fate; and when Commodus had once tasted human blood, he became incapable of pity or remorse”
(Book 1, Chapter 4).
https://www.armstrongeconomics.com/international-news/north_america/americas-current-economy/sec-nyc-going-crazy-on-contempt-of-court-stay-out-of-nyc/
Today at 7:04 am by Rocky
» utube MM&C 4/16/24 IQD Update - Iraq Dinar - America - Activate - Massive Economic Deals -
Today at 7:02 am by Rocky
» utube MM&c 4/19/24 Iraqi Dinar - Private Sector - Economic Stability - Financial Reform - Al Sudan
Today at 7:01 am by Rocky
» Iraq officially signs the “Singapore” agreement to resolve trade disputes
Today at 6:59 am by Rocky
» Parliament Finance advises raising exchange rates again... What about oil revenues?
Today at 6:55 am by Rocky
» Al-Sudani: Iraq is in the process of recovery and has taken its leading position that attracts work
Today at 6:54 am by Rocky
» Al-Araji: Iraq is prepared to deal with all circumstances and seeks partnership with the United Stat
Today at 6:52 am by Rocky
» Sudanese from Michigan: The government represents all components and is keen to take care of the aff
Today at 6:50 am by Rocky
» Democratic Party: The "new generation" is the most corrupt and has dozens of cases in court
Today at 6:47 am by Rocky
» What is the benefit of Iraq establishing a petrochemical plant in Egypt?!.. An oil expert explains
Today at 6:46 am by Rocky
» A judicial delegation participates in the Permanent International Forum for Commercial Courts in Qat
Today at 6:43 am by Rocky
» Al-Sudani: The government follows a balanced policy that makes Iraq a station for security
Today at 6:42 am by Rocky
» Deduction of 160 million dinars from the salaries of MPs absent from Parliament sessions
Today at 6:40 am by Rocky
» Central Bank: Washington praised Iraq's measures to resolve 80% of the financial transfer file
Today at 5:13 am by Rocky
» Voices of Resilience: Al-Sudani’s frankness embarrasses the White House
Today at 5:12 am by Rocky
» Al-Alaq confirms the formation of a committee between Baghdad and Washington regarding sanctions on
Today at 5:10 am by Rocky
» Former MP: The Democrat will not hand over power after the regional elections
Today at 5:07 am by Rocky
» Document/allocation of 20% of the lands of Al-Jawahiri Complex to employees of the Ministry of Defen
Today at 5:06 am by Rocky
» Al-Hakim: Al-Sudani’s visit to Washington was a protocol and missed the two most important files
Today at 5:05 am by Rocky
» Parliamentary Security: The National Security Service law will be voted on by Parliament soon
Today at 5:04 am by Rocky
» Reconstruction and Housing: Zarbatieh residential project completed by 82%
Today at 5:01 am by Rocky
» Al-Sudani reveals an intention to establish Al-Faw refinery with a capacity of 300 thousand barrels
Today at 5:00 am by Rocky
» Government readiness to move the Doura refinery to an alternative location.. What are the conditions
Today at 4:59 am by Rocky
» Al-Sudani’s visit to Washington.. Implications and results
Today at 4:56 am by Rocky
» Association of Iraqi Private Banks: The suspension of some electronic payment services yesterday was
Today at 4:55 am by Rocky
» Parliamentary memorandum.. Two solutions were before the Federal Court instead of removing the compo
Today at 4:53 am by Rocky
» Blue fuel... Iraqi steps towards inexhaustible wealth for a century
Today at 4:51 am by Rocky
» For fear of being "upset"... MPs "evade" signing to host Al-Sudani in Parliament
Today at 4:50 am by Rocky
» Al-Sudani’s statement to convert 40% of Iraq’s exports into derivatives.. What does it have to do wi
Today at 4:48 am by Rocky
» An Iraqi-American partnership to benefit from oil field gas
Today at 4:46 am by Rocky
» The Minister of Commerce announces the distribution of the first payments of farmers’ dues for the 2
Today at 4:45 am by Rocky
» Sudanese to members of the Iraqi community in the American city of Houston: Iraq has regained its he
Today at 4:43 am by Rocky
» Romanski announces loans worth $50 million to support the Iraqi private sector
Today at 4:42 am by Rocky
» Prime Minister: We plan to invest production capacities for export
Today at 4:41 am by Rocky
» “Something happened” in Iran and no one is talking about Iraq and Syria. This is what we have so far
Today at 4:38 am by Rocky
» Al-Sudani asks the American Baker Institute for assistance in preparing studies related to the oil m
Today at 4:36 am by Rocky
» The Interior Ministry denies the occurrence of explosions inside Iraqi territory and diagnoses “the
Today at 4:35 am by Rocky
» Tensions between Najaf and Baghdad over the airport... the rule of law over “military force” and the
Today at 4:34 am by Rocky
» Al-Sudani from Washington: We agreed with Abu Dhabi on joint management of Al-Faw Port
Today at 4:33 am by Rocky
» "Al-Party" talks about the region's elections and reveals the reason for refusing to pay salaries di
Today at 4:31 am by Rocky
» Russia's oil is taking more of the Middle East's shares in the Indian market.. How much has Iraq los
Today at 4:29 am by Rocky
» Early next month.. Traffic confirms that the electronic payment system is working only
Today at 4:27 am by Rocky
» The Service Council accuses state departments of refraining from disbursing bonuses because of the m
Today at 4:25 am by Rocky
» Electricity: The Baghdad street lighting campaign will be completed before the middle of this year
Today at 4:24 am by Rocky
» Oil poses two conditions for moving the Doura refinery to an alternative location
Today at 4:23 am by Rocky
» The Foreign Minister reveals the truth about his resignation and the reason for his departure to Erb
Today at 4:22 am by Rocky
» Progress: Al-Halbousi’s acquittal has become conclusive, and his return to the presidency of Parliam
Today at 4:20 am by Rocky
» Disagreements strike Al-Maliki's coalition over choosing the governor of Diyala
Today at 4:19 am by Rocky
» The Union accuses Türkiye of exploiting the political situation for a ground incursion into Iraq
Today at 4:18 am by Rocky
» The Democratic Party: Barzani is eagerly awaiting the results of Al-Sudani’s visit to Washington
Today at 4:17 am by Rocky
» Frame: Al-Halbousi in the news and his return has become a pipe dream
Today at 4:16 am by Rocky
» A parliamentary request to capitalize on Erdogan’s visit to Baghdad to end the water crisis
Today at 4:15 am by Rocky
» Al-Sudani urges the US corporation Honeywell to help finish the Basra refinery
Yesterday at 2:48 pm by Rocky
» Al-Sudani Meets with Representatives of Western Media Outlets in Washington
Yesterday at 2:46 pm by Rocky
» Chairman of the Investment Authority signs the United Nations Convention on International Mediation
Yesterday at 2:44 pm by Rocky
» PM: We will sign a contract to establish the Al-Faw refinery with a Chinese company
Yesterday at 2:42 pm by Rocky
» PM arrives in Houston as part of his visit to USA
Yesterday at 2:41 pm by Rocky
» Militia Man & Crew 4/18/24 Bush signed it and all presidents implemented it. Iraq’s funds have been
Yesterday at 1:46 pm by Rocky
» Iraq is close to launching the electronic signature
Yesterday at 7:12 am by Rocky
» The Basra government discusses with an international oil company the implementation of social benefi
Yesterday at 7:11 am by Rocky
» The Prime Minister confirms to an American company: Gas projects in Iraq are a priority for the gove
Yesterday at 7:10 am by Rocky
» The Minister of Planning discusses with the World Bank mechanisms for scheduling external loans
Yesterday at 7:09 am by Rocky
» Oil sets the twenty-seventh of this month as the date for opening contracts for the fifth complement
Yesterday at 7:08 am by Rocky
» “Electronic begging”...professionalism and fabrication of stories” generates millions of dinars dail
Yesterday at 7:05 am by Rocky
» Al-Sudani calls on the American company Hanwell to contribute to the completion of the Basra refiner
Yesterday at 7:03 am by Rocky
» An American company expresses its willingness to establish LED lighting production lines in Iraq
Yesterday at 7:02 am by Rocky
» Including Iraq.. Iran announces the possibility of exporting 300 megawatts of “renewable electricity
Yesterday at 7:01 am by Rocky
» Political forces present two options to find an alternative to Al-Halbousi
Yesterday at 6:58 am by Rocky
» Parliament is awaiting the arrival of the budget schedules and the government is studying higher spe
Yesterday at 6:56 am by Rocky
» The International Monetary Fund adjusts its expectations for the development of the world’s economie
Yesterday at 6:54 am by Rocky
» A representative talks about the difficulty of finalizing the file of “electing the Speaker of Parli
Yesterday at 6:50 am by Rocky
» Work on preparing a law for diplomatic passports
Yesterday at 6:49 am by Rocky
» A female representative accuses the Ministry of Immigration of corruption
Yesterday at 6:47 am by Rocky
» Minister: Solving the Kurdistan salaries problem is the beginning of addressing other disputes betwe
Yesterday at 6:45 am by Rocky
» About 270 million dollars were sold by the Central Bank of Iraq in the currency auction
Yesterday at 6:42 am by Rocky
» The volume of trade exchange between Jordan and Iraq will exceed 800 million dinars in 2023
Yesterday at 6:41 am by Rocky
» Iraq signs memorandums of understanding with American companies in the fields of electricity, oil an
Yesterday at 5:31 am by Rocky
» The American company that manufactures the F16 expresses its readiness to implement the terms of con
Yesterday at 5:30 am by Rocky
» The volume of expected Qatari investments for the Iraq Fund for Development exceeds $3.5 billion
Yesterday at 5:29 am by Rocky
» Decrease in dollar prices in Baghdad and Erbil
Yesterday at 5:27 am by Rocky
» The President of the Region brings together the Kurdish parties to resolve the election file
Yesterday at 5:26 am by Rocky
» Al-Sudani receives in Washington the Chairman of JPMorgan
Yesterday at 5:25 am by Rocky
» Transport is starting to transform its ports into smart ones
Yesterday at 5:23 am by Rocky
» Sudanese reveals the volume of exchange with America
Yesterday at 5:22 am by Rocky
» "Al-Eqtisad News" publishes the memorandums of understanding signed between the Iraqi delegation and
Yesterday at 5:21 am by Rocky
» Al-Sudani urges an American company to contribute to establishing a chemical materials factory
Yesterday at 5:20 am by Rocky
» Iraq stresses the importance of Lockheed Martin's commitment to opening military aircraft maintenanc
Yesterday at 5:19 am by Rocky
» Iraq is on the verge of a “water disaster” by 2035
Yesterday at 5:18 am by Rocky
» Great satisfaction and optimism with the results of Sudanese’s visit to Washington
Yesterday at 5:16 am by Rocky
» Transport is beginning to adopt a plan to transform its ports into smart ones
Yesterday at 5:15 am by Rocky
» Completed 8,000 loan transactions at the Housing Bank
Yesterday at 5:14 am by Rocky
» Prime Minister: We plan to invest production capacities for export
Yesterday at 5:12 am by Rocky
» Transformation and partnership...a new horizon in Iraqi-American relations
Yesterday at 5:10 am by Rocky
» What is new in the economic dimension of the Washington visit?
Yesterday at 5:09 am by Rocky
» Two letters to the future
Yesterday at 5:08 am by Rocky
» National interests first
Yesterday at 5:06 am by Rocky
» Iraqi-American rapprochement...a national necessity
Yesterday at 5:05 am by Rocky
» Al-Sudani’s visit to Washington and the course of Iraqi-American relations
Yesterday at 5:04 am by Rocky
» Sudanese carries security, economic and development files to Washington
Yesterday at 5:03 am by Rocky