Alayne Fleischmann – the Snowden of NY Banking

http://armstrongeconomics.com/2014/11/09/alayne-fleischmann-the-snowden-of-ny-banking/

"Matt Taibbi has returned to the Rolling Stone and his first piece out the door is on the real story behind the fake $13 billion settlement with JP Morgan Chase deal to cover up alleged criminal activity sanctioned by Eric Holder and the Department of Justice. Taibbi had to leave First Look media where he found himself in a clash with the executives, who by and large come from a highly structured Silicon Valley corporate environment. When it comes to the free press, there are journalists who would love to write the truth, but that ends up in a battle with management who may have their own favors and deals behind the curtain.

Those fiercely independent journalists view corporate cultures and management with disdain. It is management that blocks the free press in this country. First Look media was supposed to court the independent journalists. The problem, they still bring in the corporate structure that destroys the independence. This is simply the fate of such entities. Look at Apple. They throw out the guy who creates it in their arrogance that such people do not know how to run a company. Then they destroy the creativity and all the lawyers and bean counters cannot create anything but structure. There lies the oxymoron. Then companies have to takeover start-ups paying billions of dollars because the board lacks creativity or any comprehension how to create it from scratch.

Taibbi’s first piece back at Rolling Stone is spot on. However, Taibbi has not yet dug deep enough into the REAL court system in New York City. He mentions how JP Morgan Chase was able to squash access to Alayne Fleischmann in a private suit filed in NYC against Chase. He wrote:

“
Dorothy Spenner, an attorney representing Chase, told the court that Fleischmann was not a ”relevant custodian.” In other words, she couldn’t testify to anything of importance. Federal Magistrate Judge James C. Francis IV took Chase’s lawyers at their word and rejected the Fort Worth retirees’ (Pension Fund) request for access to Fleischmann and her evidence.” "

"Taibbi is still just scratching the surface. The Southern District of New York is a kangaroo court that protects the banks at all costs. I have routinely warned that suits brought against the banks are dismissed. What Magistrate Francis did in protecting the JP Morgan Chase was not so much that the lawyers lied to him, but they just say whatever it takes so he can rue in their favor routinely. You cannot find a major lawsuit against the banks that prevails. Falsifying analysis in the Dot.COM Bubble led to more than a 90 page decision as to why the case had to be dismissed even though they plead guilty and paid fines to the Fed,."

"In UNITED STATES v. ZICHETTELLO Second Circuit Court of Appeals had to openly admit that judges in the SDNY are allowed to change the very words you speak in court. In my own case, I confronted Judge Owen putting in an affidavit as to the numerous changes. If I lied, he could have put me in prison for 200 years. So many people showed up in court that day to see what would happen when a citizen challenged a Federal Judge. So many people were there, he was frightened. He had to publicly admit to a federal crime – but of course the government never prosecutes their own."

"Here is what the Second Circuit wrote about this notorious corrupt court that sees fit to change transcripts denying the public and the defendant the right to a fair trial. Taibbi has to dig even deeper to expose the real truth about the legal system and its demise in the United States.

The Southern District of New York follows a practice that is unusual and perhaps unique. After jury instructions are given in a case, the court reporter submits a transcript of the instructions to the district judge for review. The court reporter does not release a transcript to the parties until after the judge reviews, and in some cases corrects, it. ? See Presumably, the purpose of this practice is to allow a judge to correct minor stenographic errors or typos. ? Because the parties receive only a printed transcript that incorporates the judge’s revisions, the parties are not informed of such revisions.

There is no evidence whatever that the district court intentionally falsified the record, and nothing in our opinion should be read to suggest otherwise. ? However, both the district court’s belief and the Law Clerk’s recollection that the Official Revised Charge was actually read to the jury are plainly unreasonable. ? All the known facts, including most importantly the contemporaneous writings of the district judge and the Law Clerk, firmly and fully support the government’s contention that the district court did not give the instruction contained in the Official Revised Charge.

Finally, all the other evidence in the record also powerfully supports the conclusion that the Binder Charge was not read to the jury.
We simply cannot conclude that the Law Clerk’s recollection is even remotely sufficient to counter the evidence to the contrary, including the contemporaneous writings of the judge and the Law Clerk themselves.
On this record, therefore, it is plainly unreasonable to conclude that the challenged language was given to the jury. ? Indeed, it is clear that it was not. ? Thus, the record should be corrected to “conform to the truth” of the charge that was actually delivered.
"