MEC&F Expert Engineers : 11/18/16

Friday, November 18, 2016

OSHA issues final rule updating walking-working surfaces standards and establishing personal fall protection systems requirements

OSHA issues final rule updating walking-working surfaces standards and establishing personal fall protection systems requirements


WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today issued a final rule updating its general industry Walking-Working Surfaces standards specific to slip, trip, and fall hazards. The rule also includes a new section under the general industry Personal Protective Equipment standards that establishes employer requirements for using personal fall protection systems.

“The final rule will increase workplace protection from those hazards, especially fall hazards, which are a leading cause of worker deaths and injuries,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “OSHA believes advances in technology and greater flexibility will reduce worker deaths and injuries from falls.” The final rule also increases consistency between general and construction industries, which will help employers and workers that work in both industries.

OSHA estimates the final standard will prevent 29 fatalities and more than 5,842 injuries annually. The rule becomes effective on Jan. 17, 2017, and will affect approximately 112 million workers at seven million worksites.

The final rule’s most significant update is allowing employers to select the fall protection system that works best for them, choosing from a range of accepted options including personal fall protection systems. OSHA has permitted the use of personal fall protection systems in construction since 1994 and the final rule adopts similar requirements for general industry. Other changes include allowing employers to use rope descent systems up to 300 feet above a lower level; prohibiting the use of body belts as part of a personal fall arrest system; and requiring worker training on personal fall protection systems and fall equipment.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit www.osha.gov.
OSHA News Release:
11/17/2016

USDOL obtained a permanent injunction against Sullivan Granite Co. LLC and its owner, Conrad J. Smith, ordering him to correct all safety hazards at Brown’s Meadow Quarry in Sullivan, Maine




US Labor Department obtains permanent injunction against Maine’s Sullivan Granite to ensure safety inspections of quarry
Brown’s Meadow Quarry operator blocked MSHA inspections repeatedly


ARLINGTON, Va. – The U.S. Department of Labor’s Mine Safety and Health Administration has successfully obtained a permanent injunction against Sullivan Granite Co. LLC and its owner, Conrad J. Smith, ordering him to correct all safety hazards at Brown’s Meadow Quarry in Sullivan, Maine, and prohibiting him from refusing agency inspectors entry to conduct safety inspections.

The department obtained a temporary restraining order on Nov. 18, 2015, after the company’s representatives hindered inspections in August and September 2015, and also refused or failed to provide documents and information related to the inspections. MSHA inspectors attempted a re-inspection on Dec. 16, 2015, but the defendants defied the restraining order and interfered with the inspection. The department then moved for a contempt hearing.

Judge John A. Woodcock, Jr. of the U.S. District Court for the District of Maine signed the injunction on Oct. 24, 2016. It bars Smith and his company from refusing entry to MSHA inspectors and otherwise hindering or delaying the department in carrying out its duties under the Federal Mine Safety and Health Act of 1977. The order also prevents the defendants from violating orders issued by the Secretary of Labor under the act.

“MSHA conducts inspections to determine if hazards exist in mining operations and to require their correction if they do. It is essential that these inspections take place to prevent injuries and deaths of our nation’s miners,” said Joseph A. Main, assistant secretary of labor for mine safety and health.

“MSHA takes its obligation to inspect every mine, including every quarry, covered under the Mine Safety and Health Act very seriously,” said Michael Felsen, the department’s New England regional solicitor. “This lawsuit demonstrates the department’s commitment to the protection of every mine worker, and its determination that mine operators cooperate in ensuring their workers’ safety and health.”

Smith signed the settlement Oct. 24, 2016, agreeing to correct all cited safety violations from Aug. 17, 2015 through Aug. 18, 2015, and Sept. 1, 2015 through Dec. 16, 2016, as well as from any other MSHA inspections. The settlement contains provisions that subject Smith to sanctions the court deems appropriate if he fails to comply with its terms. MSHA re-inspected the mine on Oct. 5, 2016.

Read the department’s motion for a permanent injunction and the judge’s order granting the motion.

Attorneys James L. Polianites and Ralph Minichiello of the department’s regional solicitor’s office litigated the case for MSHA.

Section 108 of the Mine Act provides for injunctive relief against noncompliant mine operators who interfere with, hinder or delay inspections of mines. Additional information is available at http://www.msha.gov.
MSHA & SOL News Release:
11/17/2016

Cal/OSHA Cites Solar Panel Installers Elite Electric Inc. for Willful Failure to Protect Employee from 29-Foot Fall


Newsline No.: 2016-107 Date: November 17, 2016


Cal/OSHA Cites Solar Panel Installers Elite Electric Inc. for Willful Failure to Protect Employee from 29-Foot Fall


Fontana—Cal/OSHA has cited Elite Electric Inc. for serious and willful safety violations after a worker installing solar panels in Fontana fell 29 feet through a skylight. Elite did not provide their employees with required fall protection, even though the Riverside company charged the building owner for it. As a result, the 29-year-old employee suffered severe head trauma, cognitive impairment, multiple pelvis fractures, fractured ribs and a collapsed lung.

Cal/OSHA investigators learned that when the accident occurred on June 13, there was no evidence of fall protection at the site, despite the hazards presented by more than 140 skylights in the roof of the building, a rooftop access hatch, and the unguarded edges of the roof. The employee who fell did not receive any personal protective equipment from his employer.

“Falling is the leading cause of death in the construction industry,” said Cal/OSHA Chief Juliann Sum. “It is critical for employers to prevent workers—especially those working from great heights—from being injured or killed from falls. This employer was aware of their responsibility and completely failed to fulfill it.”

Cal/OSHA issued five workplace safety citations to Elite Electric this week, with proposed penalties of $130,125. One of the citations is general, three are serious, and one is willful-serious. A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition. A willful violation is cited when the employer is aware of the law and violates it nevertheless, or when the employer is aware of the hazardous condition and takes no reasonable steps to address it.

In this case, the willful-serious violation stems from Elite Electric’s failure to protect employees approaching within 6 feet of any skylight during the installation of solar panels from falling through them. It is a requirement that employers use such measures as guardrails, personal fall protection systems, covers, screens or nets. Elite obtained payment for these protections, which is evidence that company management was aware of the need for them.

Cal/OSHA helps protect workers from health and safety hazards on the job in almost every workplace in California. Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their health and safety programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services. Cal/OSHA has also published a wealth of helpful guides for employers, including ones on mitigating health and safety hazards at construction sites.

Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734). The California Workers’ Information line at 866-924-9757 provides recorded information in English and Spanish on a variety of work-related topics. Complaints can also be filed confidentially with Cal/OSHA district offices.

Members of the press may contact Erika Monterroza or Peter Melton at (510) 286-1161, and are encouraged to subscribe to get email alerts on DIR’s press releases or other departmental updates.

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The California Department of Industrial Relations, established in 1927, protects and improves the health, safety, and economic well-being of over 18 million wage earners, and helps their employers comply with state labor laws. DIR is housed within the Labor & Workforce Development Agency. For general inquiries, contact DIR’s Communications

Call Center at 1-844-LABOR-DIR (1-844-522-6734) for help in locating the appropriate division or program in our department.





Linda Gibb and Donna Geraci aided the U.S. government and the State of New York in recovering more than $10 million over allegations of systemic Medicare and Medicaid fraud by Zwanger-Pesiri Radiology, a large practice with more than 20 locations on New York's Long Island.




Long Island's Zwanger-Pesiri Radiology to Pay Over $10 Million Over Allegations of Medicare and Medicaid Fraud

Long Island Natives Reported Systemic and Abusive Billing Practices, Including:

- performing unnecessary and excessive testing;

- purposely scheduling tests based on financial gain, not patient need;

- falsifying the identity of rendering radiologists while using the services of uncredentialed physicians; and

- charging for services not performed.

WASHINGTON, Nov. 17, 2016 /PRNewswire/ -- Linda Gibb and Donna Geraci aided the U.S. government and the State of New York in recovering more than $10 million over allegations of systemic Medicare and Medicaid fraud by Zwanger-Pesiri Radiology, a large practice with more than 20 locations on New York's Long Island.

The settlement with Zwanger resolves a case initially brought by qui tam relators Ms. Gibb and Ms. Geraci and later joined by the federal government and the State of New York that accused Zwanger of overbilling Medicare and Medicaid. In addition, Zwanger pleaded guilty to two criminal charges of healthcare fraud.

Soon after joining Zwanger in 2010, Ms. Geraci discovered that the company regularly falsified Medicare and Medicaid claims for services rendered by uncredentialed physicians or at unenrolled practice locations. Senior executives directed her to do whatever was necessary "to get the claims paid." Despite her warnings that this constituted fraud, Zwanger continued to engage in its schemes.

Similarly, Zwanger executives ordered its schedulers to "split up" certain tests, i.e. schedule them on different days, no matter how inconvenient and contrary to patients' needs, because Zwanger was paid more when the tests were split.

Ms. Gibb complained repeatedly about these and other improper practices, such as automatically performing pelvic and transvaginal ultrasounds — an extremely invasive physical exam — on female patients when their treating physicians had ordered only one of these tests.

Under Dr. Mendelsohn's direction, Zwanger created multiple systems to automatically implement its fraudulent schemes. For example, when patient tests were ordered, Zwanger's computer systems automatically scheduled additional tests that the patient's treating doctor had not requested. In addition, when an unenrolled physician performed services, the computers, through a mechanism known as "the switch," automatically sent out bills under Dr. Mendelsohn's name.

In 2014, as a result of the investigation prompted by Ms. Gibb and Ms. Geraci's allegations, the Federal Bureau of Investigation and U.S. Department of Health & Human Services' Office of Inspector General raided Zwanger's Lindenhurst offices.

Zwanger has agreed to settle claims related to: (1) the automatic performance of unnecessary tests, specifically DXA and vertebral-fracture assessment tests and pelvic and transvaginal ultrasounds (performing both when only one was necessary) and (2) billing for services performed by uncredentialed physicians or at unenrolled locations by billing under Dr. Mendelsohn's name or by improperly using the provisions allowing for a temporary fill-in doctor. For reasons unrelated to the veracity of Ms. Gibb and Ms. Geraci's allegations, additional schemes alleged in their complaint and perpetrated by the Zwanger defendants were not pursued by the government.

In total, the U.S. and New York will recover $8,122,898 in civil damages from the allegations of Medicare and Medicaid fraud, and Zwanger will pay an additional $2.4 million in criminal restitution as part of the guilty plea to a criminal charge of healthcare fraud. The civil case was brought under the federal False Claims Act and the New York False Claims Act. Ms. Geraci and Ms. Gibb will receive a portion of the government's civil recovery for reporting the fraud and for the assistance they provided with the subsequent investigation.

"Unfortunately, because of what can only be deemed a technicality, and despite clear evidence of inappropriate 'splitting' behavior — forcing patients to schedule appointments over the course of several days to increase reimbursement — the government was unable to intervene in our clients' claims related to Zwanger's splitting," McCormack said. "Our clients' hope is that CMS sees the damage that this practice can do to patients and closes the door on this abusive behavior. Patients deserve better from their physicians."

"Ms. Geraci and Ms. Gibb are courageous, spirited women who refused to stand by and watch their neighbors and friends be exploited and abused," said Knobler, an associate in Constantine Cannon's Washington, D.C., office. "They believe — as do most of us — that our physicians and healthcare professionals owe us a sacred duty of good faith. The profession and trust we place in them demands it. Dr. Mendelsohn and the Zwanger entities betrayed this trust and broke this duty. Ms. Gibb and Ms. Geraci put relationships and employment opportunity in potential jeopardy to pursue justice for this betrayal."

Ronald Durand, 44, Marleen Ayen, 64, and Anthony Hull arrested on felony charges of Workers’ Compensation fraud.


3 Jefferson County Residents Charged With Workers' Comp Fraud

 Story Updated: Nov 15, 2016 at 3:37 PM EST


Three people from Jefferson County have been arrested on felony charges of Workers’ Compensation fraud.

The announcement was made Tuesday by New York State Inspector General Catherine Leahy Scott.

A Jefferson County grand jury indicted:

- Ronald Durand, 44, of State Route 411, Lafargeville, was charged with third-degree grand larceny, third-degree criminal possession of stolen property, third-degree insurance fraud and first-degree offering a false instrument for filing.

- Marleen Ayen, 64, of Main Street, Antwerp, was charged with third-degree grand larceny, third-degree criminal possession of stolen property, first-degree falsifying business records and the Workers’ Compensation crime of fraudulent practices

- Anthony Hull, who Ayen described as her fiancĂ© and who lives at the same address, was charged with first-degree offering a false instrument for filing and the Workers’ Compensation crimes of fraudulent practices and failure to secure the payment of compensation.

Durand allegedly began receiving Workers’ Compensation benefits in March 2013 after claiming a back injury while working delivering jugs of drinking water.

According to the Inspector General, since that injury, Durand repeatedly claimed to medical providers, his employers’ insurance carrier and the State Workers’ Compensation Board that his disability made him unable to work or do most anything except rest and heal.

Repeated surveillance allegedly found Durand at the Watertown YMCA within months of his reported injury bench pressing as much as 335 pounds, performing military press ups with 180 pounds of weight and doing lateral pull downs, shoulder shrugs, curls and triceps pushdowns with significant amounts of weight.

The investigation determined he received nearly $3,200 in Workers’ Compensation benefits to which he was not entitled, Leahy said.

In a separate investigation as part of a countywide Workers’ Compensation fraud initiative, it was found that Ayen had been receiving Workers’ Compensation benefits since claiming a work-related injury in 2004.

In 2015, she attested to her insurance company that she had not been working in any capacity.

However, the Inspector General says an investigation found Ayen was indeed working at Anthony Hull’s hardware store, Robbins Hardware, located in Antwerp, and received nearly $3,200 in benefits to which she was not entitled.

Additionally, Hull allegedly had no Workers’ Compensation coverage for his employees and claimed he had no employees when he did.

Durand, Ayen and Hull were each arraigned on the indicted charges Tuesday in Jefferson County Court.

All three are due to reappear in court in December and January.


Under State law, employers are required to maintain Workers’ Compensation coverage for their employees, and employees are expected to provide truthful information regarding their work activity to insurance carriers and the Workers’ Compensation Board during the time they are receiving benefits.

Workers’ Compensation fraud impacts all New Yorkers, from increased insurance premiums to increased workloads for coworkers and an overall reduction in workforce productivity.

Inspector General Leahy Scott thanked the State Department of Financial Services and State Insurance Fund for their assistance with the investigations, the State Police for their assistance with the arrests, and Jefferson County District Attorney Kristyna S. Mills and her office for prosecuting this matter.

The defendants are all presumed innocent until and unless proven guilty in a court of law.

And The More Corrupt County of New Jersey is: Passaic County






Passaic mayor admits taking $110,000 in corrupt payments from developers





NEWARK, NJ – The mayor of the City of Passaic today admitted taking $110,000 in corrupt payments from developers doing business in the city, U.S. Attorney Paul J. Fishman announced.

Alex D. Blanco, 44, of Passaic, pleaded guilty before U.S. District Judge William J. Martini in Newark federal court to an information charging him with one count of soliciting and accepting corrupt payments in connection with City of Passaic business.

“The conduct admitted by Mayor Blanco demonstrates an aggressive and appalling greed,” U.S. Attorney Fishman said. “By soliciting these payments from developers, he took for himself federal money that was intended to help provide housing for the city’s poorest residents. We expect our public officials to behave differently.”

“Public corruption is one of the FBI's top priorities,” Special Agent in Charge Timothy Gallagher of the FBI Newark Division said. “Today's guilty plea by Passaic Mayor Alex Blanco is indicative of how diligently the FBI and our law enforcement partners work corruption matters. We will continue to investigate allegations of public corruption thoroughly to ensure any person who misuses their public office for private gain is held accountable.”

“The mayor’s guilty plea is a testament to the hard work and dedication of our special agents and their law enforcement colleagues - job well done,” Special Agent in Charge Terence S. Opiola, Homeland Security Investigations, Newark Field office, said.

According to documents filed in this case and statements made in court: From 2010 through 2012, two developers were seeking to build eight low-income residential units on property they owned in Passaic. After the Passaic City Council and the Passaic Zoning Board of Adjustment granted approval, Blanco – who has been mayor since November 2008 – had an intermediary approach the developers in July 2011. The developers were told they were expected to provide a sizable payment to the mayor to ensure that the project would proceed.

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And The More Corrupt County of New Jersey is: Passaic County

Incidences of unlawful acts committed by Wayne Township, Passaic County Employees
The unlawful acts of Wayne Township employees are also evidenced by the number of illegal activities committed by its employees over the years. 
For example, in September 2009, the former Township Attorney Mark J. Semeraro was arrested and charged with violating a restraining order.  He then was forced to resign from his position.
In September 2011, Jerry Bello resigned from the Wayne township Environmental Commission after it was discovered that he had been appointed to the board despite his criminal record.  Bello had been convicted in 1994 of extorting $2,000 from a small-business owner who applied for a loan from Paterson’s Economic Development Corporation.  Bello’s wife, Nadine Bello in fact was serving on the Municipal Council, the very entity that was aware that the Township Assessor over-assesses the properties. Nadine Bello never indicated that her husband was a convicted felon.  Mayor Vergano was aware or should have been aware of the felony convictions of Bello and he, in fact, re-appointed Bello to the Environmental Commission.
In 2007, the Civil Rights Division of the Department of Justice begun its investigation of Wayne Township, New Jersey. Wayne Township had delayed a mosque's building permits for several years, and then tried to use its eminent domain power to seize the land to leave it undeveloped. The Civil Rights Division of the Department of Justice in 2007 filed a brief with the federal district court arguing that RLUIPA applied to the case. The court agreed, leading to a settlement between the mosque and the township.
Paul C. Cavaliere Jr., a former township attorney,  who in 1994 was sentenced to six months in jail, pleaded guilty to federal bribery and tax-evasion charges in one of New Jersey's worst cases of municipal corruption. The once-prominent lawyer was one of six onetime officials and four developers to be implicated in Messercola's scheme to extract illegal payoffs for development approvals. Cavaliere admitted helping former Mayor Louis V. Messercola disguise a $273,000 bribe as a real estate commission, keeping part of the bribe but giving Messercola the largest share.
Federal agents arrested Messercola in June 1988. The former mayor pleaded guilty to extorting $50,000 from a developer and was sentenced to 33 months in prison, then was sentenced to an additional 15 months upon admitting to his role in the $273,000 bribe scheme.

Ex-Council Candidate Arraigned on Theft Charge
Arlene Marchese and another woman allegedly stole more than $200K in insurance payments.
A one-time candidate for local office pleaded not guilty to theft in State Superior Court Monday, NorthJersey.com reported.
Arlene Marchese, 34, and Karen Wright, 42, of Wyckoff, were arraigned on charges they diverted more than $200,000 in insurance payments into their own private accounts. They were originally charged Sept. 26, the website reported.
Marchese was a Democratic candidate in 2011 for the 2nd Ward council seat. Wayne Democratic Chairman Ray Egatz replaced her for unspecified reasons.
Marchese’s phone number was not listed.
Both women face up to 10 years in state prison if convicted on the charges, NorthJersey.com reported. They are scheduled to return before Judge Gooden Brown for a status conference Feb. 4.

Unlawful Activities by Passaic County Sheriff Employees
In May 2012, Passaic County Sheriff’s Officer Rafael “Rae” Galan was indicted Tuesday on charges that he threatened a former colleague who had accused him of corruption.
Last year, The Star-Ledger published Galan’s name and photo in a three-part series about the widespread use of anabolic steroids in law enforcement. The newspaper found he was one of 248 officers and firefighters who obtained steroids, human growth hormone and other drugs with the aid of a crooked Jersey City physician, Joseph Colao.
The newspaper’s figure was based on records from a single mail-order pharmacy in Brooklyn. Colao, who died in 2007, is believed to have prescribed the drugs to hundreds of other officers and firefighters through pharmacies in New Jersey.
While anabolic steroids are legal with a valid prescription, The Star-Ledger found Colao routinely prescribed them when they were not medically necessary. Moreover, the officers used their government benefits to pay for the drugs, costing taxpayers millions of dollars.
In 2010, a records clerk at the county jail who is the former president of the clerical union at the Passaic County Sheriff's Department was arrested for stealing more than $23,000 in union funds, according to a report on NorthJersey.com. Valerie Jacalone, 53, of Passaic was taken into custody after reporting to work Tuesday at the county jail. She served as union president from July 2008 to July 2010 and is the daughter of Victor Jacalone, the former police chief for the City of Passaic, according to the report
Sheriff's Officer From Wayne, NJ Accused of Sex Abuse of Girls
In October 2012, Thomas Ingham charged with sexual assault and endangering the welfare of a child. A long-serving Essex County Sheriff’s Officer from Wayne was charged Thursday with sexually abusing two juvenile girls, NorthJersey.com reported. Thomas Ingham, 48, an Essex County sheriff’s officer, was charged with sexually assaulting one girl and endangering the welfare of another. The girls reported the allegations to Wayne Police July 19, the website reported.
FREEHOLD, October 12, 2012 A central New Jersey police detective will give up his job after admitting that he requested sexual favors from a woman he had arrested late last year.
According to reports 33-year-old Philip Emanuele, a Brick Township resident who served with the Eatontown police force for the past eight years, pleaded guilty Wednesday to charges of criminal coercion and tampering with physical evidence.
Besides forfeiting his job, Emanuele is expected to get a probationary sentence when he's sentenced later this year. In return for his plea, Monmouth County prosecutors dropped two counts of official misconduct and one count of sexual assault.
Emanuele, a married father of two, sought the favors from the woman, who is in her 20s, after arresting her on a theft charge in December.
N.J. undersheriff who used county-owned generator for personal use resigns
GREEN — A Sussex County sheriff’s officer resigned this week after he was caught using a county-owned generator to provide power to his house, Sheriff Mike Strada said today.
Undersheriff George DeOld lost power at his home on Hibler Road in Green Township during Hurricane Sandy and had another sheriff’s officer deliver one of two emergency generators owned by the sheriff’s office to his home on Friday morning, Strada said.
A resident noticed the generator being delivered and sheriff’s officers recovered it from DeOld’s home a short time later, Strada said.
"It was an unfortunate incident and he has taken responsibility for his actions. He made the right choice by resigning," he said.
By using the county-owned generator for his personal use, DeOld violated an internal office regulation. Criminal charges will not be filed, Strada said. He declined to identify the officer who delivered the generator to DeOld’s home.
DeOld, who joined the sheriff’s office last year, was one of three undersheriffs in the 135-member office, serving as administrative undersheriff. He earned $97,000 annually.
He was a member of the Paterson Police Department from 1971 and 1998 and was later employed by the state Department of Treasury and the state Department of Community Affairs. In addition to his salary from the sheriff’s office, DeOld was collecting a $66,000 annual state pension from his previous positions.
Strada said the resignation would not affect DeOld’s pension status.
"It was wrong and he admitted it," the sheriff said, declining further comment.
A call to the county prosecutor’s office was not immediately returned.
A woman who answered the phone at DeOld’s home said "no comment" and immediately hung up.
A woman who answered the phone at DeOld’s home said “no comment” and immediately hung up the phone.

Unlawful Activities by Other New Jersey Officials
Nicholas Bissell was the District Attorney in Somerset County New Jersey. On Friday, May 31, 1996, he was convicted on all 30 counts of his federal indictment, two of the counts involving official misconduct in relation to the forfeiture of property from James Giuffre.
The charges against Bissell included a wide variety of fraud, as well as professional misconduct and corruption and threatening to have cocaine planted in the car of man with whom he had an argument.
Bissell was also convicted on both counts of the official misconduct charges involving forfeiture victim James Giuffre. Bissell was convicted of committing perjury in the separate civil suit filed against him by Giuffre, and of ordering subordinates to destroy Giuffre's written request for a lawyer.
On November 13, Nicholas Bissell, former D.A. of Somerset County, N.J., was scheduled to be sentenced on 30-counts of his federal indictment, 3 of the counts growing out of his official corruption in the handling of James Giuffre's forfeiture case. His sentencing was postponed.
On Monday, November 18, 1996, Bissell removed his electronic ankle bracelet and became a fugitive from justice. Authorities conducted a nationwide man hunt, and tracked him down to a casino hotel room in Laughlin, Nevada. At around 1:30 on Tuesday, November 26, U.S. Marshalls surrounded the room and tried to persuade Bissell to surrender. Bissell put a gun in his mouth and shot himself to death.
Trenton of Mayor Corruption
In July 2012, FBI agents staged a middle-of-the-night raid Wednesday at the home of Trenton's mayor, whose administration of the state's impoverished capital city has been marked by accusations of cronyism and reckless spending. They also searched the home of his brother and a convicted sex offender who was one of his biggest early campaign donors. Later, the federal officials charged the Mayor and other accomplishes with a number of corruption crimes.
The mayor of neighboring Hamilton Township, New Jersey's largest suburb, also is the target of federal investigators. Mayor John Bencivengo, a Republican, pleaded not guilty in federal court last week to charges of extortion and money laundering.
In September 2012, the U.S. Attorney filed charges against the Trenton Mayor and several accomplishes for corruption.

Toms River School Corruption
In September 2012, Calling it the "worst case of public corruption he has ever seen," a federal judge sentenced the disgraced former superintendent of Toms River Regional, Michael J. Ritacco, to 135 months – just over 11 years – in prison.
"This is the worst case of public corruption I’ve ever seen," Pisano said. Other cases of public corruption are "nickels and dimes compared to this."
Pisano sentenced Ritacco to 135 months on the first count of an indictment, and 60 months on the 19th count. He ruled the sentences will run concurrently.
Ritacco pleaded guilty April 5, 2012 to two of the 27 charges he was facing, and admitted his role in years of corruption at the school district, where as much as $2.5 million in bribes were allegedly passed between Ritacco, insurance brokers and intermediaries.


New Jersey internal records document widespread racial profiling of black and Hispanic motorists
By Fred Mazelis
2 December 2000
The release of 91,000 pages of internal records by the state of New Jersey reveal that a systematic policy of searching cars driven by blacks or Hispanics has been carried out for at least a decade. The statistics show that minority drivers, making up 13 percent of state motorists, accounted for more than 80 percent of those stopped by state troopers.
The mountain of official records constitutes the most damning evidence of crude official racism, fostered or accepted by top state officials of both the Democratic and Republican parties. The state's chief law enforcement officials knew about racial profiling since at least 1989 but refused to admit it until a report was issued in April 1999.
The official records consist of everything from police training manuals to thousands of pages of individual traffic tickets issued by state troopers. They have been compiled in 185 binders as well as on 15 CD-ROMs, which are being distributed to interested parties at a cost of $1,000.
The state police officially prohibited racial profiling, but according to a 1999 memo from Deputy Attorney General Debra Stone, “racial profiling exists as part of the culture.” Stone reported that veteran troopers functioned as “coaches” in showing new troopers how to carry out racial profiling. “Trooper after trooper has testified that coaches taught them how to profile minorities,” Stone wrote. “The coaches also teach this to minority troopers.”
These practices stretched back more than a decade. A 1987 state police training memo listed the following descriptions to assist police in finding possible drug couriers: Colombian males, Hispanic males, a Hispanic male and a black male together, or a Hispanic male and female.
Among the documents released by the state attorney general's office were numerous bitter complaints from motorists who had been stopped and in many cases singled out for abuse and humiliation. State troopers themselves, if they were off duty and were black or Hispanic, were not immune from being pulled over for “DWB”—driving while black. One such officer, a state police sergeant, wrote that he had been stopped 40 times by state troopers while off duty. “There were times when I was the fourth vehicle in a line of five exceeding the speed limit,” he wrote. “I was the only one stopped. It doesn't take long to realize that you (the minority) are the choice of the day.”
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Meet the corrupt and/or incompetent Chancery Judge Margaret Mary McVeigh of Passaic County, New Jersey. She conspired with Robert Del Vecchio, American Tax Funding and other convicted felons to sign off on judgments of possession without having subject matter jurisdiction over land possession issues and without performing any hearings





The corrupt and/or incompetent Chancery Judge Mary Margaret McVeigh of Passaic County, New Jersey.  She conspired with Robert Del Vecchio, American Tax Funding and other convicted felons to sign off on judgments of possession without having subject matter jurisdiction over land possession issues and without performing any hearings.  Land possession judgments are adjudicated by the Law Division and not by the Chancery Court.  She caused millions of dollars in damages by illegally evicting people from their homes;  she also violated the anti-eviction act and the summary dispossess act of New Jersey.

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Passaic County Administration Building
401 Grand Street
Paterson, New Jersey 07505
Main Number: 973-881-4800
Fax: 973-225-0155

Dear Ms. Valdes:

There are news releases in the media that suggest that the Chancery Judge Margaret Mary McVeigh has been issuing or allowing to issue "judgments of possession" and "writs of possession" although she never had subject matter jurisdiction over land possession issues.  The Passaic County Sheriff would then execute these void judgments and writs, causing harm and injury to residents of this county.

What is a real explosive bombshell, is the fact that no hearings of land possession were ever held by this Judge.  These are some very, very, very, serious, serious, serious allegations.

A judgment is void for lack of subject matter jurisdiction when the court has no authority to adjudicate the controversy. See Bank v. Kim, 361 N.J. Super. 331, 339 (App. Div. 2003) (mortgage foreclosure judgment void in violation of bankruptcy automatic stay).   Here, the Chancery court had no subject matter jurisdiction over the property possession issue and thus any order issued by that court was void, a legal nullity.  Therefore, the sheriff was enforcing a void (and fraudulent as well) court order.

Are you aware of these charges?  From what the news reports say, this Judge (Margaret Mary McVeigh) has been refusing to respond.  The Sheriff Berdnik also has not been talking and has directed the matter to you.

Perhaps you can shed a light into this situation.  Any responses to the subject of illegal or void judgments of possession issued by the Chancery Judge McVeigh without any hearing?

I am attaching some of the news releases, FYI.


I look forward to your reply.  This is a very serious matter, as you understand.


Sincerely,

Allison Brown
allisonbrown26@aol.com



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Hon. Judge Margaret Mary McVeigh, P.J.Ch.
Superior Court of New Jersey
Paterson Courthouse
Annex, Room 250
65 Hamilton Street
Paterson, New Jersey 07505-2018
Phone: (973) 247-8168
FAX: (973) 247-8172

Hon. Mary C. Jacobson
Assignment Judge
Mercer County Courthouse
P.O. Box 8068 Trenton, NJ 08650-0068
609-571-4000

Dear Chancery Judge McVeigh and Assignment Judge Jacobson:

I believe that I have given you plenty of time to respond to the VERY SERIOUS CHARGES against you (see attached emails).  As of now, you have failed to respond.  As you know, when a person has a duty to respond and fails to do so, this silence can be used against that person as evidence of guilt.

All the news reports indicate that because of your recklessness, or incompetency, or even conspiracy, you injured thousands of property owners and that you forced people out of their properties by issuing fraudulent "judgments of possession" without having any subject matter jurisdiction and without performing any hearing or trial and without providing any notice.  Even worse, when the shocked property occupant saw the eviction notices and asked for the 6-month stay written in the NJ statutes, you refused to do that and allowed the sheriff to forcefully throw these people onto the street.  All that without you having a subject matter jurisdiction and without performing any hearing or fact finding or application of the law to the facts. You are also charged of violating a number of New Jersey Court Rules:  see R. 4:6-7, Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 4:6-7 (2015); 1:13-4. Transfer of Actions, Rule 1:7-4(a).  DISGRACEFUL, CORRUPT NEW JERSEY JUDICIARY.

THESE ARE SOME PRETTY SERIOUS, HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU.

How do you respond?  The public and the victims await to hear from you.  Please do not continue to bring disgrace to the honorable New Jersey Judiciary.

Sincerely,

Emma Rogers
emmarogers456@aol.com

 ////////////////-------------------------///////////////////////////---------------------///////

Office of the Passaic County Sheriff
William Maer
Media Information & OPRA Processing Unit
11 Sheriff's Plaza
Paterson, NJ 07502
bmaer@pcsheriff.org
973-389-5900

Dear Sheriff Berdnik/Mr. Maer:


There are some news reports that the Chancery Judge Margaret McVeigh has been issuing judgments of possession without having subject matter jurisdiction and without performing any hearings.  The news reports state that the Passaic County Sheriff has been executing orders issued by this judge (Margaret Mary McVeigh), although she had no subject matter jurisdiction over land possession.  The land possession is adjudicated in the Law Division, Special Civil Part or regular Law Division.

As you know, at least 20 individuals and entities pleaded guilty to defrauding homeowners using tax foreclosure proceedings.  One of the ways to do this was to fool this Judge McVeigh into drafting the "judgments" or "orders".  For example, the accusations say that she apparently allowed the issuance of a "Final Judgment" where the following language was inserted by the convicted felon Robert Del Vecchio, American Tax Funding, and others:

“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.

This Chancery Court judge had no jurisdiction over the subject matter of land possession.  As of today, she has refused to respond as to why did she insert or allowed that language to be inserted into that "final judgment"?

Further accusations are that she never even held any hearing over the land possession issue.  Margaret McVeigh just merely allowed that language to be inserted into the text, so that the convicted felon Robert Del Vecchio immediately seizes the property of the land possessor without any due process and in violation of several New Jersey statutes.

From what we understand, you (the Passaic County Sheriff) executed these obviously void and illegal judgments or orders despite the fact they were not issued by the Law Division.

In some cases, you forcibly removed the possessors of the land or tenants and that you did cause damages.  You then filed charges against homeowners who would refuse to leave their properties by refusing to obey void judgments or orders from a court that has no subject matter jurisdiction or personal jurisdiction.

How do you respond to such accusations or questions?  Didn't you know that only the Law Division has subject matter jurisdiction over property possession?  Did you know that land possession judgments/orders issued by a Chancery Court are void and have no legal effect?  Did you know that you may be held liable for damages based on the Forceful Entry and Detainer statutes?


I look forward to your reply.

Sincerely,
Emma Rogers
emmarogers456@aol.com


/////////////////////////---------------------------//////////////////////

Dear Judge Margaret McVeigh:
We have uncovered some new HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU.  You apparently allowed the issuance of a "Final Judgment" where the following language was inserted by the Plaintiffs (convicted felon Robert Del Vecchio, American Tax Funding, and others):
“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.
Of course you had no jurisdiction of the subject matter of land possession.  Why did you insert or allowed that language to be inserted into that "final judgment"?
The HORRIFIC AND TERRIFYING ACCUSATIONS AGAINST YOU is that you never even held any hearing over the land possession issue.  You just merely allowed that language to be inserted into the text, so that the convicted felon Robert Del Vecchio immediately seizes the property of the land possessor without any due process and in violation of several New Jersey statutes.
They did not follow the Wrongful Entry and Detainer Act and the Anti-Eviction Act, or the Summary Dispossess Act.  As a result, they caused millions of dollars in damages by forcibly removing tenants or land possessors without due process.
FYI, subject matter jurisdiction can neither be conferred by agreement of the parties nor waived as a defense, and a court must dismiss the matter if it determines that it lacks subject matter jurisdiction. Macysyn v. Hensler, 329 N.J. Super. 476, 481 (App. Div. 2000) (indicating that such a motion can be made "at any time"); see also R. 4:6-7; Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 4:6-7 (2015).
How do you respond to these new charges against you?
Sincerely,
Mary Brown
Crime Investigator


 //---------------------///////////////-----------------

 ISSUANCE OF JUDGMENTS OF POSSESSION OR WRITS WITHOUT SUBJECT MATTER JURISDICTION
Dear Judge Margaret McVeigh:
There are numerous reports in the media that you have been issuing judgments of possession or facilitating the issuance of same, although you have no subject matter jurisdiction over land possession issues.  The Law Division has exclusive jurisdiction over land possession judgments and issuance of writs or warrants - the Chancery Court has no jurisdiction over land possession issues, yet you have been issuing judgments of possession and associated orders.  You know of course that such judgments are void ab initio, a legal nullity.
Apparently, you have caused significant financial and other damage to residents of this state as a result of your allegedly reckless or even criminal acts.
There are a lot of people accusing you of corruption and even conspiracy to intentionally damage homeowners and business owners through your reckless acts to ensure tax collection.  How do you plea?  Many people are calling for your arrest and resignation.  See for example this post:

MEET THE CORRUPT AND/OR INCOMPETENT CHANCERY JUDGE MARGARET MCVEIGH.  SHE CONSPIRED WITH OR WAS MISLEAD BY ROBERT DEL VECCHIO, AMERICAN TAX FUNDING AND OTHER CONVICTED FELONS  TO SIGN OFF ON JUDGMENTS OF POSSESSION WITHOUT HAVING SUBJECT MATTER JURISDICTION OVER LAND POSSESSION ISSUES. http://metroforensics.blogspot.com/2016/03/the-corrupt-andor-incompetent-chancery.html
Do you have anything to say to these serious charges?

Did you issue or facilitated the issuance of judgments of possession or writs or warrants of possession without having subject matter jurisdiction?  A simple YES or NO would suffice.  The public and victims need to know.

Thank you in advance for your cooperation with this inquiry.  We want to make sure that unfounded allegations are not released into the media.

Sincerely,

Mary Brown
Crime Investigator

NOTE:  As of today's date (3-7-2016), this judge has not responded to the accusations above.


//------------------------///////////////////////--------------------





Office of the Passaic County Sheriff
William Maer
Media Information & OPRA Processing Unit
11 Sheriff's Plaza
Paterson, NJ 07502
bmaer@pcsheriff.org
973-389-5900

Dear Sheriff Berdnik/Mr. Maer:


There are some news reports that the Chancery Judge Margaret McVeigh has been issuing judgments of possession without having subject matter jurisdiction and without performing any hearings.  The news reports state that the Passaic County Sheriff has been executing orders issued by this judge (Margaret Mary McVeigh), although she had no subject matter jurisdiction over land possession.  The land possession is adjudicated in the Law Division, Special Civil Part or regular Law Division.

As you know, at least 20 individuals and entities pleaded guilty to defrauding homeowners using tax foreclosure proceedings.  One of the ways to do this was to fool this Judge McVeigh into drafting the "judgments" or "orders".  For example, the accusations say that she apparently allowed the issuance of a "Final Judgment" where the following language was inserted by the convicted felon Robert Del Vecchio, American Tax Funding, and others:

“AND IT IS FURTHER ORDERED AND ADJUDGED that the plaintiff dully recover against the said defendant …possession of the premises… and that a Writ of Possession issue thereon”.

This Chancery Court judge had no jurisdiction over the subject matter of land possession.  As of today, she has refused to respond as to why did she insert or allowed that language to be inserted into that "final judgment"?

Further accusations are that she never even held any hearing over the land possession issue.  Margaret McVeigh just merely allowed that language to be inserted into the text, so that the convicted felon Robert Del Vecchio immediately seizes the property of the land possessor without any due process and in violation of several New Jersey statutes.

From what we understand, you (the Passaic County Sheriff) executed these obviously void and illegal judgments or orders despite the fact they were not issued by the Law Division.

In some cases, you forcibly removed the possessors of the land or tenants and that you did cause damages.  You then filed charges against homeowners who would refuse to leave their properties by refusing to obey void judgments or orders from a court that has no subject matter jurisdiction or personal jurisdiction.

How do you respond to such accusations or questions?  Didn't you know that only the Law Division has subject matter jurisdiction over property possession?  Did you know that land possession judgments/orders issued by a Chancery Court are void and have no legal effect?  Did you know that you may be held liable for damages based on the Forceful Entry and Detainer statutes?


I look forward to your reply.

Sincerely,
Emma Rogers
emmarogers456@aol.com


//---------------------------------///////////////////////////----------------------------

COMPLAINT FOR LACK OF ETHICS OR COMPETENCY OR NEGLIGENCE AGAINST JUDGES MARY C. JACOBSON AND MARGARET MARY MCVEIGH




Basilis (Bill) N. Stephanatos
PO Box 0520
Tenafly,  New Jersey 07670-0520
Phone: (973) 897-8162
bstephanatos@gmail.com
____________________________________________________________

13 January 2014

Mr. John A. Tonelli
Executive Director
The Advisory Committee on Judicial Conduct (ACJC)
PO Box 037
Trenton, NJ 08625-0037

Clerk's Office Tel.: Phone (609) 292-2552
Fax No.: (609) 292-6848

RE:     AC.JC 2014-045 (Judges Mary C. Jacobson and Margaret Mary McVeigh)

CHANCERY JUDGE MARGARET MCVEIGH HAD NO SUBJECT MATTER JURISDICTION OVER PROPERTY POSSESSION ISSUES, BECAUSE THESE ARE THE SUBJECT MATTER OF THE LAW DIVISION
The fraudulently issued judgment never adjudicated the subject matter of land possession, as the Chancery courts have no jurisdiction over land possession issues.  Thus, the judgment was void regarding the alleged adjudication of the possession of the Defendant’s property.  A judgment is void for lack of subject matter jurisdiction when the court has no authority to adjudicate the controversy. See Bank v. Kim, 361 N.J. Super. 331, 339 (App. Div. 2003) (mortgage foreclosure judgment void in violation of bankruptcy automatic stay).   Here, the Chancery court had no subject matter jurisdiction over the property possession issue and thus any order issued by that court was void, a legal nullity.  Therefore, the sheriff was enforcing a void (and fraudulent as well) court order.

I HAD FILED TWO APPEALS FROM JUDGE JACOBSON AND MCVEIGH DECISIONS, BUT THESE TWO JUDGES REFUSED TO STAY THE TAKING OF MY HOME AND MY BUSINESS UNTIL THE APPEALS COURTS RULE.

I am providing additional material in support of my complaint against the above-referenced judges. 
In June 2011, Dr. Stephanatos had filed a suit to vacate the tax deed (Passaic County, Law Division L-2973-11).  Dr. Stephanatos even sent a letter to the judges, to the co-conspirators Robert Del Vecchio, Matthew Marini and the sheriff that appeals are pending and they in fact responded to the letter, acknowledging the appeals.  That suit to vacate the tax deed was filed within the statutory period of three months.  Due to the refusal of the these two judges to stay the proceedings to review what they have done, the fraudulent issuance of an ex-parte writ of possession and the wrongful interference by the sheriff and American Tax Funding, LLC of Dr. Stephanatos’ legal rights, the Law Division did not hear that lawsuit.

CHANCERY JUDGE MARGARET MCVEIGH HAD NO SUBJECT MATTER JURISDICTION OVER PROPERTY POSSESSION ISSUES, BECAUSE THESE ARE THE SUBJECT MATTER OF THE LAW DIVISION
The fraudulently issued judgment never adjudicated the subject matter of land possession, as the Chancery courts have no jurisdiction over land possession issues.  Thus, the judgment was void regarding the alleged adjudication of the possession of the Defendant’s property.  A judgment is void for lack of subject matter jurisdiction when the court has no authority to adjudicate the controversy. See Bank v. Kim, 361 N.J. Super. 331, 339 (App. Div. 2003) (mortgage foreclosure judgment void in violation of bankruptcy automatic stay).   Here, the Chancery court had no subject matter jurisdiction over the property possession issue and thus any order issued by that court was void, a legal nullity.  Therefore, the sheriff was enforcing a void (and fraudulent as well) court order.


Meanwhile, Dr. Stephanatos also filed two appeals: one from the L-2672-09 case and one from the F-9241-09 case.  The appeals were docketed as follows:  A-4685-10 and A-3900-10 (appeal from L-2672-09) Team 4.  At the same time, Dr. Stephanatos applied for a stay from the foreclosure judgment, to ensure that a higher court and/or a federal court hear his appeals.  These two judges refused to stay the proceedings, despite the fact I was keep telling them that what they are doing is illegal.  The sheriff officers and the judges were aware that appeals and lawsuits were pending; they also knew that state law, allows Dr. Stephanatos to stay in his home, because he has been using the home as his residence continuously since 1995 (see N.J.S.A. 2A:39-7. Title not inquired into; defense of 3 years possession “Title shall not be an issue in any action commenced under this chapter. 3 years peaceable possession by the defendant shall be a defense to the action” and that is why they acted with haste and fraud and criminal intent to deprive Dr. Stephanatos of his home and his business.  This behavior by the two judges shocks the conscience, implicating a substantive due process violation.  This violation occurred on June 28, 2011. 


The State, the County, the Chancery Court and the conspirators also violated the New Jersey Constitution, Article I, paragraph 20 that states that  Private property shall not be taken for public use without just compensation.  Individuals or private corporations shall not be authorized to take private property for public use without just compensation first made to the owners. 
·                     no property possession hearings were ever held;
·                     no bench trial was ever held by McVeigh on any issue before her;
·                     no fact-findings and application of the law to the facts consistent with Rule 1:7-4(a) were ever held;
·                     no pre-eviction notices were ever provided to the Defendant;
·                     no stay of the proceedings were ever held consistent with § 2A:42-10.6;


It is crucial to report to the Committee that the Sheriff and the Passaic County provide as a defense to the federal complaint that
“Plaintiff never appealed the underlying Court Orders which ordered him to vacate the subject premises, therefore, the defendants acted within their purview under the cover of law - regarding the underlying events;”
This defense is obvious not valid, considering that Dr. Stephanatos had filed several appeals and had in fact notified the Sheriff of the pendency of such appeals.  Thus, the motivation for the actions of the Sheriff and its employees is highly suspicious.
On May 13, 2011, the Honorable Mary C. Jacobson, P.J.Ch., entered a final ex-parte judgment against Dr. Stephanatos in favor of American Tax Funding, LLC (“ATFH”). (Final Judgment annexed at Da44-46).  This ex-parte judgment was drafted by the lawyers for the convicted conspirators, Robert Del Vecchio, American Tax Funding, et al.  This final ex-parte judgment contains the language “This judgment shall not affect the rights of any person protected by the New Jersey Tenant Anti-Eviction Act (N.J.S.A, 2A:18-61.1 et seq.)” (Da45).  The significance of this clause is discussed in this brief, infra.
Robert A. Del Vecchio is the attorney for ATF, LLC, and he submitted a Certification (filed May 13, 2011), stating, in part:
             The aforementioned person is not protected by the provision of the Anti-Eviction Act (the “Act”), as enunciated in the New Jersey Supreme Court Case of Chase Manhattan Bank v. Josephson, since that Act applies to tenants and this defendant is the prior owner of the property.  His ownership rights were foreclosed upon in the above-entitled action. (Da48).

The significance of this statement by Robert DelVecchio is that the judgment only covered ownership and not possession of the home of Dr. Stephanatos, who was also using his homestead as the place of business (Metropolitan Environmental Services, PC and Metropolitan Environmental Services). Mr. Del Vecchio, in addition to violating federal law (the conspiracy with ATF to violate the Sherman Act) he also intentionally conspired with ATF and the Passaic County employees to violate the possessory rights of Dr. Stephanatos.
The judgment under the tax sale law was supposed to cover only ownership of a property and not possession.  In fact, Del Vecchio himself wrote in the Application for an ex-parte Writ that Dr. Stephanatos only lost the ownership rights – no possessory rights were ever lost by Dr. Stephanatos, as he was in possession of his property continuously, he did not owe any taxes due to the unlawful over-assessment of his property and since state law protected his possessory rights. See N.J.S.A. 2A:39-1On September 30, 2014, Del Vecchio pleaded guilty to conspiring to violate the antitrust laws of this state and the federal government’s.
Since Dr. Stephanatos was opposed to any person entering his homestead property and had communicated this to the sheriff and Del Vecchio, the possession of the property was supposed to be determined by a Law Division judge pursuant to N.J.S.A. 2A:39-1 that prohibits unlawful entry onto a residential property:
With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S.2A:18-53 et seq., as amended and supplemented. (Emphasis supplied).

This process mandates the procurement of a Warrant of Removal.  Del Vecchio and the sheriff employees, with the blessing of Chancery Judges McVeigh and Jacobson, who had no subject matter jurisdiction over property possession issues, did not do that here, in a conspiracy to violate Dr. Stephanatos possessory and other legal rights.  These two corrupt “judges” issued void judgments of land possession issues, although the Chancery Courts have no subject matter jurisdiction over land possession, because these issues are adjudicated by the Law Division.  They also issued orders on an ex-parte basis, without performing any fact-finding and without application of the law to the facts as is required by New Jersey court rules.   In fact, these individuals have pleaded in the federal lawsuit that they were not aware that any appeal were pending and that all issues had been adjudicated, when in fact no issues had ever been adjudicated.  They used these excuses as a pre-text to intentionally violate Dr. Stephanatos’ possessory and other legal rights and caused him the loss of his business, his home and the destruction of his business and personal property. The damages they caused him are into the many millions of dollars and that is the reason that Dr. Stephanatos was under such extraordinary duress during the day of the incident.
Del Vecchio and ATF obtained only an ex-parte judgment of possession by drafting the language to the corrupt or incompetent Judge Margaret McVeigh and Jacobson of Mercer County (although the property was located in Passaic County and Jacobson had no jurisdiction over a property in Passaic County), an ex-parte writ of possession, upon the self- certification of Del Vecchio that Dr. Stephanatos did not any possessory interests protected by the Due Process Clause and/or the Anti-Eviction Act or the Summary Dispossess Act.  No Writ of Possession was obtained for Dr. Stephanatos’ business, Metropolitan Environmental Services, and Metropolitan Environmental Services, PC.  These practices by these two individuals have been criticized by the state of New Jersey and the Public Advocate Division.  See for example the following excerpt from the “Toolkit for Tenants Living in Foreclosed Properties”, published by the Department of the Public Advocate, Trenton, NJ 08625, dated March 2010:

Courts and Sheriffs In addition to owners and those who work for them, the courts and sheriff officers sometimes mistakenly target protected tenants during the foreclosure process. The writs of execution and final foreclosure judgments are drafted by the attorneys for the lenders. The attorneys sometimes use language in court papers that cause problems because it seems to cover tenants (for example, “and any and all persons occupying said premises”). Other times attorneys specifically name tenants and certify (swear to the court) that those tenants are not covered by the Anti-Eviction Act.  This is especially problematic because tenants often do not have the opportunity to demonstrate that they are in fact legitimate tenants until after the removal has already been ordered by the court and scheduled by the sheriff. If a court order specifically names a tenant to be removed, the sheriff must evict that person. Sometimes, however, sheriffs read the language in the order and believe that they must evict everyone. Also, some notices that sheriffs create and post on property include language, such as “occupants” instead of “owners,” that appears to include tenants. The Attorney General distributed a memo to sheriffs regarding the rights of tenants living in foreclosed properties.

Thus, the judges and the sheriff knew of the practices of Del Vecchio and ATF; yet, the sheriff employees acted as agents for Del Vecchio and intentionally violated Dr. Stephanatos’ possessory rights, including a host of other offenses.  Dr. Stephanatos had informed the two judges and the sheriff of these practices by Del Vecchio and ATF and had alerted the authorities (the sheriff, the governor, the local senator O’Toole, etc.) that these individuals are breaking a host of state and federal laws.  Dr. Stephanatos also filed appeals and suits to vacate the tax deed. 

The phone records also prove that it was Dr. Stephanatos who called Judge McVeigh at 8:56 am, to ask for the status of an application of a stay.  It was Dr. Stephanatos who initiated that, and not the judge or anyone else as the prosecutor fraudulently asserts in his letter.  This significant evidence proves beyond doubt that the only thing Dr. Stephanatos wanted for a 6-month stay that is freely granted under all circumstances and it is in fact codified under the statutes:  see NJSA  § 2A:42-10.6.

It was that simple:  a statute-based stay would have solved every issue, but the reckless judge McVeigh did not do it for whatever reason.  Perhaps this judge was incompetent, reckless, ruthless, biased, usurped her authority, or whatever else.  It would have been up to the Grand Jurors to determine the role of the State and County employees and determine whether they acted prudently or whether they caused the escalation of the situation through their negligent, reckless or even criminal conduct.

Another crucial and clearly exculpatory evidence was that Metropolitan Environmental Services, was not part of the Writ of Possession; and that the Sheriff was not authorized to remove Defendant’s business from the premises; but the Sheriff did it anyway;  the evidence presented to the Court (the communications between Metropolitan Environmental Services and the Sheriff) shows that the Sheriff was aware that a tenant was present and that no Writ had been issued for that tenant.  This crucial evidence also indicates that Defendant had the right to defend his business and business property from intruders or attackers;  no such instructions were provided to the Grand Jurors, as the State intentionally refused to provide that evidence to the jury.  Dr. Stephanatos had valid factual defenses that were never presented and thus, the prosecutor interfered with the investigation of the Grand Jury.

Dr. Stephanatos never threatened anyone few days prior to the eviction, as the prosecutor has fraudulently asserted in his response brief;  the Court should order the State to provide proof of these fraudulent assertions, as these lies were also made to the Grand Jurors and painted Dr. Stephanatos as a violent person and affected the jury’s decision to indict;

It was Dr. Stephanatos who called Judge McVeigh to ask for a stay or check on the status of a stay he had applied few weeks ago, pursuant to with NJSA § 2A:42-10.6 that allows up to a six month stay;  the Sheriff SWAT team had sharpshooters and snipers pointing at Defendant’s chest and head while he was talking to judge McVeigh and Dr. Stephanatos was fearful of his life and that is why he told the Judge that there will be blood shed unless there is a stay;  a simple stay (allowed by the New Jersey statutes (and granted by all courts) would have prevented this incident);  but the reckless State employees caused Dr. Stephanatos to be under stress and duress by trying to remove his business without having a Writ.


However, the two judges (McVeigh and Jacobson) refused to stay the proceedings and this is a crucial fact that the jury of 12 citizens will consider in their deliberations:  why there was so much haste to remove Dr. Stephanatos from his residence and place of business?  Why there was not a stay so that all these issues are adjudicated?  A SIMPLE STAY OF THE PROCEEDINGS WOULD HAVE PREVENTED THE INCIDENT ON JUNE 28, 2011.   Now we have found out significant issues with what these conspirators did and the violation of numerous laws of this state.
The grand jury was never made aware of these illegal acts, because the Passaic County prosecutor refused to allow me to testify in the grand jury and omitted all the available defenses – A CLEAR VIOLATION OF NEW JERSEY LAW AND A GRAND JURY MISCONDUCT.
I have suffered several many millions of dollars in damages due mostly to the failure of these two judges to ensure that all New Jersey laws and procedures and homeowner’s rights are not violated.  They failed to perform even the slightest due process and only accepted as true the claims of Robert Del Vecchio (a convicted felon), and his co-conspirators.  Their behavior raises some serious ethical and competency issues and this court (a Passaic County court) will preside and do a fact finding of all these critical facts and issues that affect another Passaic County court – this will look to a common sense citizen as a conflict of interest.  That is the reason we are asking to transfer the case to another county.


Very Truly Yours,



 

Bsilis N. Stephanatos
=========================





Updated 2 hrs 36 mins ago
WYCKOFF, New Jersey -- A New Jersey police chief who was suspended without pay this summer for sending an email advocating racial profiling has resigned and will retire next week.

The Record reports former Wyckoff chief Benjamin Fox agreed to resign on Nov. 15 as part of deal reached with the Bergen County town. His 180-day suspension, which began Aug. 5, was also deemed "fully satisfied."

Fox will submit a retirement application dated Dec. 1 to the state Division of Pensions.

The agreement released Wednesday by Wyckoff officials contained no details about any conditions of Fox's retirement, the pension he will receive or what other benefits he will keep or sacrifice.

Fox was disciplined after the county prosecutor's office determined his 2014 email that said profiling has its place in law enforcement if done correctly "explicitly" violated a state directive prohibiting racial profiling.

Fox's email said profiling has its place in law enforcement if done correctly. It also said that "black gang members from Teaneck commit burglaries in Wyckoff. That's why we check out suspicious black people in white neighborhoods.

Wyckoff is a mostly white suburb, 30 miles west of New York. In his email, he also noted that New York police stop white kids in black neighborhoods there because "they know they are there to buy drugs."

County Prosecutor Gurbir Grewal said an investigation didn't uncover "any substantiated instances" of racial profiling by Wyckoff officers. Town officials said Fox's actions were an "isolated incident" and that there were no "systemic problems" in the police department.

Wyckoff police officers underwent mandatory training in cultural awareness, use of force, internal affairs, discrimination and liability compliance.


Racial profiling is widespread in New Jersey.  This idiot was caught because he was stupid enough to put his thoughts into an email.   Most of the racial profiling is conducted by the traffic officers.  Their most common excuse to illegally stop a driver is that "he was swerving to the right or to the left".  This way they target Asians, blacks, Hispanics and others who fit several other characteristics, including:  out of state plates (Texas, LA, etc), tattoos, long hair (mainly  Asian drivers), etc.  There are thousands of illegally stopped drivers in the court system, most of them in county jails.

Here is a case that illustrates the corrupt and illegal behavior of the New Jersey officers:

A young Asian driver (Vietnamese-American and US citizen) drives at night from Upstate New York (where he had visited his mother) to Louisiana.  Inside the car is his girlfriend, sleeping on the passenger side.  

He unfortunately has to drive through New Jersey Route 17 and then I-95.  Around 2 am on the 6th of July, he is illegally stopped by Ramsey police based on the excuse that he was swerving to the right.  Video from the police car shows that the Asian driver had Texas plates and had his window down.  The video does not show that he was swerving to the left or the right.

There is almost no traffic on the Route 17 at that time.

The Ramsey cops stop him, but they never tell him that he was swerving to the right.  They instead tell ask him if he was smoking marijuana.  The driver replies that "I am just smoking a cigarette".  However, the Ramsey cops claim that they smelled marijuana and that he was smoking the cigarette to mask the smell of marijuana.

These corrupt Ramsey cops order the Asian driver (who has chest-long hair, facial hair and tattoos) to get out of the car.

They immediately put him under detention and hand-cuff him.  All that without probable cause, as no marijuana is visible by visual inspection of the car.  These corrupt cops then demand that the driver allows them to search the car.  The poor Asian driver is scarred shitless at this time and allows them to search the car.  They search the car for at least half an hour and they do not find any drugs (as this poor driver did not have any drugs with him).

Eventually these corrupt cops always find an excuse to bring charges against the driver they have illegally stopped, including planting evidence, illegally jailing the driver, blackmailing the driver, etc.  This is happening at an alarming rate in New Jersey.
=============





Wyckoff, New Jersey police chief on voluntary leave during racial profiling investigation




Toni Yates reports investigators are looking into whether a New Jersey police chief defended racial profiling in an e-mail.

Wednesday, March 23, 2016
WYCKOFF, New Jersey -- A police chief is taking a temporary leave while prosecutors investigate whether he told his officers that racial profiling, including checking out "suspicious black people in white neighborhoods," has a place in policing.

Acting Attorney General Robert Lougy and acting Bergen County prosecutor Gurbir Grewal said in a statement Tuesday that their offices are investigating an email from Wyckoff police Chief Benjamin Fox.

"On its face, the email appears to be a clear violation of the Attorney General's policy strictly prohibiting racial profiling by police officers," they said in the statement. "We are conducting a full investigation and will take all appropriate measures."

At an emergency township committee meeting Tuesday night, Fox asked to go on administrative leave while the investigation is pending. A statement from the town said that Fox will explain the email to investigators and "demonstrate that neither he nor our police department has ever condoned or engaged in profiling."

The December 2014 email was released by the American Civil Liberties Union of New Jersey on Tuesday. The group says it obtained it anonymously last week.

"Encouraging police officers to act with racial bias is unacceptable," said Alexander Shalom, a senior staff attorney for the ACLU in New Jersey. "Sowing mistrust at this level damages civil rights, and it threatens public safety by diminishing the faith people have in the police."

The email says that profiling has its place in law enforcement when used correctly and applied fairly. It says that officers should "check out suspicious black people in white neighborhoods" because "black gang members" from a nearby town commit burglaries in Wyckoff, a mostly white suburb, 30 miles west of New York.

The email says that New York police stop white kids in black neighborhoods there because "they know they are there to buy drugs."

"It's insane to think that the police should just 'dumb down just to be politically correct,'" the email says. "The public wants us to keep them safe and I'm confident that they want us to use our skills and knowledge to attain that goal."

The email says officers should continue to be fair to people and treat them with respect but should use "counter reaction as the law allows" if someone resists an authorized demand.




======


Investigation into NJ police chief's email defending racial profiling





Toni Yates reports investigators are looking into whether a New Jersey police chief defended racial profiling in an e-mail.

Wednesday, March 23, 2016
WYCKOFF, New Jersey -- New Jersey prosecutors are investigating whether a police chief told his officers that racial profiling has a place in policing, including checking out "suspicious black people in white neighborhoods."

Tuesday night, there was news that the police chief would take temporary leave while prosecutors complete their investigation.

Acting Attorney General Robert Lougy and acting Bergen County Prosecutor Gurbir Grewal said in a statement Tuesday that the offices are investigating an email from Wyckoff police Chief Benjamin Fox.

"On its face, the email appears to be a clear violation of the Attorney General's policy strictly prohibiting racial profiling by police officers," they said in the statement. "We are conducting a full investigation and will take all appropriate measures."

Someone answering the phone at Fox's office said he wasn't available to comment. A message left with the mayor of Wyckoff wasn't immediately returned.

The December 2014 email was released by the American Civil Liberties Union of New Jersey on Tuesday. The group says it obtained it anonymously last week.

"Encouraging police officers to act with racial bias is unacceptable," said Alexander Shalom, a senior staff attorney for the ACLU in New Jersey. "Sowing mistrust at this level damages civil rights, and it threatens public safety by diminishing the faith people have in the police."

The email says that profiling has its place in law enforcement when used correctly and applied fairly. It says that officers should "check out suspicious black people in white neighborhoods" because "black gang members" from a nearby town commit burglaries in Wyckoff, a mostly white suburb, 30 miles west of New York. The email says that New York police stop white kids in black neighborhoods there because "they know they are there to buy drugs."

"It's insane to think that the police should just 'dumb down just to be politically correct,'" the email says. "The public wants us to keep them safe and I'm confident that they want us to use our skills and knowledge to attain that goal."

The email says that officers should continue to be fair to people and treat them with respect, but they should use "counter reaction as the law allows" if someone resists an authorized demand.

"Above all, do what you have to do and that which the law allows you to do to remain safe," the email says.