Wednesday, June 19, 2019 2:16PMBAY RIDGE, Brooklyn (WABC) --
An NYPD officer accused of lying about the circumstances of an arrest earlier this year surrendered Wednesday to face perjury charges.
The incident in question happened Feb. 1 on 65th Street between 2nd and 3rd avenues.
Officer Michael Bergman, 34, assigned the grand larceny squad, claimed in a criminal complaint and in grand jury testimony he was struck by the suspect's vehicle during a burglary arrest.
Berman said he suffered slight abrasions to his elbow as a result of the incident.
Along with burglary, the suspect was subsequently charged with attempted assault of a police officer, reckless endangerment, assault, attempted assault and other charges -- which significantly elevated the severity of the case.
During the ensuing investigation, surveillance video emerged that revealed the officer was not struck by the car.
Bergman was indicted with first-degree perjury, second-degree perjury, one count of making a false statement and one count of official misconduct.
"The dedicated police officers of the NYPD make a solemn pledge to abide by the greatest standards of conduct, and uphold the law. If an officer fails to meet those standards, they must be held to account," Commissioner James O'Neill said.
The future of the burglary case, the only legitimate part of the initial arrest, is in doubt.
====================================
Brooklyn cop allegedly lied about almost getting run over, indicted on perjury charge
June 19, 2019 Noah Goldberg
Police Officer Michael Bergman (left) leaves Brooklyn Supreme Court after being indicted Wednesday afternoon. Eagle photo by Noah Goldberg
A Brooklyn cop was indicted Wednesday on a perjury charge for allegedly lying in a criminal complaint and having a man falsely arrested who he claimed nearly ran him and his partner over. The problem is, the man didn’t, according to prosecutors.
Michael Bergman, who was assigned to the NYPD’s Grand Larceny Division, was with his partner in Sunset Park on Feb. 1 when they pulled up in their unmarked vehicle next to the car of a burglary suspect whom Bergman recognized, according to the Brooklyn District Attorney. Both cops exited their vehicle. In a criminal complaint and grand jury testimony, Bergman claimed that the suspect backed up the car, nearly hitting Bergman’s partner, who was behind the car. Bergman — who said he was in front of the suspect’s car — claimed the car then zoomed forward, almost hitting him and forcing him to dive to the ground, sustaining injuries.
But video footage obtained by the DA’s Office in May shows that the suspect’s car never reversed, and that when it drove off, it did not come close to hitting Bergman.
“We allege that this police officer’s actions led to an individual being falsely accused of crimes that he did not commit. All of us who work in law enforcement rely on the truthfulness and integrity of our police officers — it is integral to our commitment to safety and equal justice. We will now seek to hold this officer accountable,” said Brooklyn DA Eric Gonzalez in a statement.
Bergman was arraigned Wednesday in front of Supreme Court Justice Danny Chun. He arrived in court surrounded by cops and members of the Patrolmen’s Benevolent Association and was released without bail. He is charged with first- and second-degree perjury, making a false statement and official misconduct.
All charges against the burglary suspect related to Bergman’s testimony were dropped. Bergman’s partner — whose name was not released — was not charged.
Police Commissioner James P. O’Neill said in a statement that officers who break the law should be held accountable, though he did not address Bergman’s case specifically. The NYPD suspended Bergman without pay, as is their protocol whenever a police officer is arrested, an NYPD spokesperson said.
Bergman was named as a defendant along with three other officers in a 2015 lawsuit, in which they allegedly broke into a man named Willie French’s home, “illegally trespassed, searched, invaded, intimidated and violated the plaintiff’s civil rights,” according to a lawsuit.
The city settled French’s lawsuit for $175,000, according to data from the Legal Aid Society.
Bergman was not the only cop facing scrutiny in court Wednesday. Down the hall on the same floor, disgraced former Det. Louis Scarcella was testifying in the hearing of a man seeking to have his 1996 murder conviction overturned.
Bergman, who is represented by John Tynan, is due back in court Aug. 7.
=======================================
FEDERAL
COURT ORDERS THE FILING OF MALICIOUS PROSECUTION AND DEFAMATION CLAIMS
AGAINST ROBERT DEL VECCHIO, ESQ., AMERICAN TAX FUNDING, LLC, MATTHEW
MARINI, KEITH BONCHI, PASSAIC COUNTY SHERIFF, ET AL
==================================
NOT GUILTY!
ON
FEBRUARY 4, 2019, DR. BASILIS N. STEPHANATOS, PHD, PE, JD WAS FOUND NOT
GUILTY BY A JURY OF HIS PEERS IN BERGEN COUNTY, NEW JERSEY
RE: STATE V. BASILIS STEPHANATOS
DOCKET NUMBER 17-1723
INDICTMENT NUMBER 11-09-810-2
JURY FOUND DR. STEPHANATOS NOT-GUILTY OF FOUR VERY SERIOUS CHARGES
This was a not-guilty verdict on all four (4)
very serious charges on the indictment obtained in September 2011.
Importantly, the sheriff officers
testified under oath that they failed to “knock and announce” prior to
performing a search of Stephanatos' home.
The
numerous contradicting statements
of the sheriff officers provided further proof that they fabricated
their
charges against Dr. Stephanatos. The events occurred during an eviction
where they used a void ab initio writ of possession obtained by the
antitrust conspirators Robert Del Vecchio, Jr., Esq., American Tax
Funding, LLC, Matthew Marini, Keith Bonchi, et al on June 28, 2011.
THE PASSAIC COUNTY
PROSECUTOR PROVIDED “SMOKING GUN” EVIDENCE AGAINST ROBERT DEL VECCHIO
On January 23, 2019, as part of the
pre-trial discovery, the Passaic County prosecutor
provided Dr. Stephanatos with several handwritten pages prepared by Defendant Robert Del
Vecchio, Jr., Esq. in May 2011. The newly
discovered pages show that Defendant Del Vecchio faxed letters to the Passaic
County Sheriff stating that Stephanatos was a “dangerous Deft” and that Stephanatos had threatened him on May 24,
2011. All these written statements by
Defendant Del Vecchio were fabricated by him to prejudice the Passaic County
Sheriff against Stephanatos and to force Stephanatos out of his home using the
void ab initio ex-parte writ of possession.
A MALICIOUS
PROSECUTION CLAIM WILL BE SUBMITTED TO THIS COURT
Dr. Stephanatos will be filing a claim of malicious
prosecution claim.
This claim is timely, as the criminal proceedings ended in Dr. Stephanatos' favor on
February 4, 2019. The malicious
prosecution claim is a tort action brought in civil court to recover money
damages for the harm suffered from the malicious claim. Dr. Stephanatos will seek to recover money from the
Defendants for the various costs associated with having to defend against the
baseless and vexatious charges. The
damages will include the cost of making a $300,000 cash bond, attorney
fees,
and economic harm from being wrongfully incarcerated and not being able
to find
employment or pursue his law license as a result of the pending charges
for the
last 8 years. Dr. Stephanatos will also seek to recover money for the
emotional distress
associated with being jailed and wrongfully prosecuted for the last 8
years and for the malicious
statements made by Defendant Robert Del Vecchio to the sheriff, damaging
his good standing and reputation in the community for the last 8 years.
=========================================================
Basilis N. Stephanatos, PhD, JD
____________________________________________________________
February
4, 2019
William
T. Walsh
Clerk,
United States District Court
District
of New Jersey
M.L.
King, Jr. Federal Building & U.S. Court House
50
Walnut Street
Room
4015
Newark,
New Jersey 07101-0999
Tel.: 973-645-3730
THE HONORABLE JOHN MICHAEL VAZQUEZ
United States District Judge
Lautenberg U.S. Post Office &
Courthouse
2 Federal Square, Room 417
Newark, New Jersey 07102
Tel.: 973-297-4851/973-645-2157(Deputy Clerk)
RE: Civil Action No. 02:12-cv-01793 (JMV-JBC)
JURY FOUND STEPHANATOS NOT-GUILTY
Dear Judge Vazquez:
I am writing to inform the
Court that a Bergen County jury of my peers has found me not guilty of all the
fabricated charges by Defendants Ronald A. Lucas, Victor D’Agostino that
somehow I had pointed a gun at the officers on June 28, 2011. This was a not-guilty verdict on all four (4)
very serious charges on the fraudulently obtained indictment in September 2011.
THE
OFFICERS MADE NUMEROUS ADDITIONAL CONTRADICTING AND UNCORROBORATED STATEMENTS
DURING THEIR TESTIMONY EVIDENCING FABRICATION OF EVIDENCE AND CONSPIRACY TO
PROSECUTE MALICIOUSLY
During their January 29,
2019 testimony (both direct and cross) Defendants Lucas and D’Agostino made a
very significant number of additional contradicting and uncorroborated statements;
this led to the non-guilty verdict.
Importantly, the sheriff
officers testified under oath that they failed to “knock and announce” prior to
performing a search of my home.
The numerous contradicting
statements of the sheriff officers provide further proofs that they fabricated
their charges against Dr. Stephanatos.
I will submit the additional
evidence to this Court only if and when you order me to do so.
THE
PASSAIC COUNTY PROSECUTOR PROVIDED “SMOKING GUN” EVIDENCE AGAINST ROBERT DEL
VECCHIO
On January 23, 2019, as part
of the pre-trial discovery, the Passaic County prosecutor, Mr. Stephen
Bollenbach, provided me with several handwritten pages prepared by Defendant
Robert Del Vecchio in May 2011. The newly
discovered pages show that Defendant Del Vecchio faxed letters to the Passaic
County Sheriff stating that Stephanatos was a “dangerous Deft” and that Stephanatos had threatened him on May 24,
2011. All these written statements by
Defendant Del Vecchio were fabricated by him to prejudice the Passaic County
Sheriff against Stephanatos and to force Stephanatos out of his home using the
void ab initio ex-parte writ of possession.
Judge Guida, the presiding judge over the criminal
proceedings ruled that Dr. Stephanatos did not threatened conspirator Del
Vecchio with any physical violence and he only warned Del Vecchio of legal
action.
I will submit the newly
discovered additional evidence to this Court only if and when you order me to
do so.
THE
MALICIOUS PROSECUTION CLAIM WILL BE SUBMITTED TO THIS COURT ONLY WHEN ORDERED
TO DO SO
I am also writing to inform
the Court that I will be filing a claim of malicious prosecution with this or
another federal court. This claim is based
on the Fourth Amendment and it is timely, as the criminal proceedings ended in
my favor on February 4, 2019. The Fourth
Amendment malicious prosecution claim is a tort action brought in civil court
to recover money damages for the harm suffered from the malicious claim. I will seek to recover money from the
Defendants for the various costs associated with having to defend against the
baseless and vexatious charges. The
damages will include the cost of making a $300,000 cash bond, attorney fees,
and economic harm from being wrongfully incarcerated and not being able to find
employment or pursue my law license as a result of the pending charges for the
last 8 years. I will also seek to recover money for the emotional distress
associated with being jailed and wrongfully prosecuted for the last 8 years by
the Passaic County sheriff and the Defendant officers and for the malicious
statements made by Defendant Robert Del Vecchio to the sheriff, damaging my
good standing and reputation in the community for the last 8 years.
A
FOURTEENTH AMENDMENT DUE PROCESS CLAUSE STAND-ALONE CLAIM ALSO EXISTS UNDER
SECTION 1983 FOR FABRICATION OF EVIDENCE
Pursuant to Halsey v.
Pfeiffer, 750 F.3d 273 (3d Cir. 2014), a court should not foreclose a
Fourteenth Amendment stand-alone claim for fabrication of evidence even if a
Fourth Amendment malicious prosecution claim fails (for example) because of the
existence of probable cause even without the fabricated evidence. Such a claim is available even if the
criminal defendant is acquitted, “if there is a reasonable likelihood that,
absent the fabricated evidence, the defendant would not have been criminally
charged.” Black v. Montgomery County, 835 F.3d 358, 370 (3d Cir.
2016). In Michele Black v. County of Montgomery, No. 15-3399 (3d Cir.
2016) where the Third Circuit ruled that “an acquitted criminal defendant
may have a stand-alone fabricated evidence claim against state actors under the
due process clause of the Fourteenth Amendment if there is a reasonable
likelihood that, absent that fabricated evidence, the defendant would not have
been criminally charged.” This
fabrication of evidence claim has already been filed with the Court in October
2018.
Based on evidence discovered
during the trial, Stephanatos has additional claims against the Passaic County
Sheriff.
1.
A §1983 CLAIM FOR FAILURE TO PROPERLY
TRAIN, SUPERVISE AND CONTROL OFFICERS (AGAINST THE PASSAIC COUNTY SHERIFF
DEPARTMENT);
2.
A STATE LAW TORT CLAIM FOR FAILURE TO
PROPERLY TRAIN, SUPERVISE AND CONTROL OFFICERS (AGAINST THE SHERIFF
DEPARTMENT);
3.
A §1983 CLAIM FOR FAILURE TO INVESTIGATE
(AGAINST THE PASSAIC COUNTY DEFENDANTS)
I will submit the malicious
prosecution claim and the failure to investigate, train and supervise the
sheriff officers, including the newly-obtained discovery and trial testimonies,
to this Court only if and when you order me to do so.
Respectfully submitted,
________________________________
Basilis
N. Stephanatos, PhD, JD
PS.: I had the
duty to report to this Court the results of the criminal proceedings and the
availability of newly discovered evidence to correct manifest error of law or
fact. Please do not consider this letter
as a violation of a standing court order regarding the submission of documents
to the Court.
CERTIFICATION
OF BASILIS N. STEPHANATOS
I hereby certify under penalty of
perjury that the foregoing statements made by me are true and correct. I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C.
§1746.
DATE: February
12, 2019
Respectfully Submitted,
___________________________________
Basilis
N. Stephanatos, PhD, PE, JD
==========================================
SECTION 1983 FEDERAL
LAWS SUIT CLAIMS
- A CLAIM FOR MALICIOUS ABUSE OF PROCESS AND ABUSE OF PROCESS ACTIONABLE UNDER 42 USC §1983; THIS COUNT RUNS AGAINST THE ATF DEFENDANTS AND THE PASSAIC COUNTY DEFENDANTS
-
- A CLAIM FOR CONSPIRACY TO PROSECUTE MALICIOUSLY ACTIONABLE UNDER 42 USC §1983; THIS CLAIM RUNS AGAINST THE PASSAIC COUNTY DEFENDANTS
-
- A CLAIM FOR VIOLATION OF THE RIGHT TO ACCESS TO THE COURTS; THIS CLAIM RUNS AGAINST THE ATF AND PASSAIC COUNTY DEFENDANTS
-
- A CLAIM FOR VIOLATION OF THE FOURTH AMENDMENT’S GUARANTEE AGAINST UNREASONABLE SEARCH AND SEIZURES (AGAINST THE PASSAIC COUNTY DEFENDANTS) ACTIONABLE UNDER 42 USC §1983
-
- A CLAIM FOR EXCESSIVE FORCE AND ILLEGAL AND FALSE ARREST IN VIOLATION OF THE FOURTH AMENDMENT INSIDE PLAINTIFF’S HOME WITHOUT POSSESSING A SEARCH WARRANT AND WITHOUT POSSESSING AN ARREST WARRANT AND LACK OF EXIGENT CIRCUMSTANCES AND BY FABRICATING CHARGES; THIS CLAIM RUNS AGAINST THE PASSAIC COUNTY DEFENDANTS
-
- A CLAIM FOR VIOLATION OF THE FOURTEENTH AMENDMENT’S COMMAND THAT NO PERSON BE DEPRIVED OF LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW, ACTIONABLE HERE UNDER 42 U.S.C. § 1983; THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS AND THE PASSAIC COUNTY DEFENDANTS
-
- AN ALLEGED CONSPIRACY TO VIOLATE FEDERAL CIVIL RIGHTS (AGAINST THE INDIVIDUAL DEFENDANTS); CLAIMS OF CONSPIRACY, IN VIOLATION OF § 1983 AND NEW JERSEY LAW, RESPECTIVELY, TO VIOLATE FEDERAL AND STATE CIVIL RIGHTS BY FILING FALSE AND MISLEADING POLICE REPORTS, BY FILING FALSE CERTIFICATIONS WITH THE COURTS, AND BY KNOWINGLY GIVING FALSE AND MISLEADING GRAND JURY TESTIMONY; THIS CLAIM RUNS AGAINST THE ATF AND PASSAIC COUNTY DEFENDANTS
-
-
- AN ALLEGED CONSPIRACY TO VIOLATE STATE CIVIL RIGHTS. THIS CLAIM RUNS AGAINST THE ATF AND PASSAIC COUNTY DEFENDANTS
-
- A FOURTEENTH AMENDMENT DUE PROCESS CLAUSE STAND-ALONE CLAIM UNDER SECTION 1983 FOR FABRICATION OF EVIDENCE. THIS CLAIM RUNS AGAINST THE PASSAIC COUNTY DEFENDANTS
Pursuant
to Halsey v. Pfeiffer, 750 F.3d 273 (3d Cir. 2014), a court should not
foreclose a Fourteenth Amendment stand-alone claim for fabrication of evidence
even if a Fourth Amendment malicious prosecution claim fails (for example)
because of the existence of probable cause even without the fabricated
evidence. Such a claim is available even
if the criminal defendant is acquitted, “if there is a reasonable likelihood
that, absent the fabricated evidence, the defendant would not have been
criminally charged.” Black v. Montgomery County, 835 F.3d 358, 370 (3d
Cir. 2016). In Michele Black v. County of Montgomery, No. 15-3399 (3d
Cir. 2016) where the Third Circuit ruled that “an acquitted criminal
defendant may have a stand-alone fabricated evidence claim against state actors
under the due process clause of the Fourteenth Amendment if there is a
reasonable likelihood that, absent that fabricated evidence, the defendant
would not have been criminally charged.”
- A CLAIM FOR RETALIATION IN VIOLATION OF HIS FIRST AMENDMENT RIGHTS AND FOR FALSE IMPRISONMENT (AGAINST THE PASSAIC COUNTY DEFENDANTS).
-
- A CLAIM FOR VIOLATION OF HIS DUE PROCESS RIGHTS UNDER THE FIFTH AND SIXTH AMENDMENT DUE TO THE 7.5 YEARS IN DELAYING THE ADJUDICATION OF THE CRIMINAL CHARGES AGAINST HIM FOR ALLEGEDLY ASSAULTING THE SHERIFF EMPLOYEES AND HINDERING APPREHENSION; THIS CLAIM RUNS AGAINST THE PASSAIC COUNTY DEFENDANTS
-
- A CLAIM FOR VIOLATION OF HIS PROCEDURAL DUE PROCESS RIGHTS UNDER THE FOURTEENTH AMENDMENT REGARDING THE LACK OF ANY PRE-DEPRIVATION NOTICES AND HEARINGS IN VIOLATION OF STATE LAW; THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- A CLAIM FOR UNCOMPENSATED TAKING OF HIS HOMESTEAD PROPERTY IN VIOLATION OF THE FIFTH AMENDMENT. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS AND THE WAYNE TOWNSHIP DEFENDANTS
-
- VIOLATION OF THE NEW JERSEY ANTITRUST ACT N.J.S.A. § 56:9-3 AND SECTIONS 1 AND 2 OF THE SHERMAN ACT 15 U.S.C. § 1 AND §2. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- A CLAIM UNDER CIVIL RICO FOR VIOLATING 18 USC SECTION §1962 [(A) (B) (C) (D)] OF RICO. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- CONSPIRACY TO VIOLATE FEDERAL CIVIL RICO, 18 U.S.C. §1962(d). THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- A CLAIM THAT DEFENDANTS INTERFERED WITH OR VIOLATED PLAINTIFF’S PROCEDURAL DUE PROCESS, SUBSTANTIVE DUE PROCESS AND EQUAL PROTECTION RIGHTS UNDER THE FEDERAL AND NEW JERSEY CONSTITUTIONS; THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS, THE WAYNE TOWNSHIP DEFENDANTS AND THE PASSAIC COUNTY DEFENDANTS
-
- VIOLATION OF THE NEW JERSEY TAX SALE LAW EXCESSIVE OR UNLAWFUL FEE OR CHARGE IN THE REDEMPTION OF A TAX SALE CERTIFICATE N.J.S.A. § 54:5-63.1. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- A CLAIM FOR VIOLATION OF N.J.S.A. 2A:39-1 – UNLAWFUL ENTRY PROHIBITED. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS AND THE PASSAIC COUNTY SHERIFF AND THE INDIVIDUAL OFFICERS
-
- violations of the Consumer Fraud Act (cfa) (N.J.S.A. 56:8-1, ET SEQ) – UNCONSCIONABLE COMMERCIAL PRACTICES AND DECEPTION and false promises and/or misrepresentations. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- ALTER EGO/PIERCING THE CORPORATE VEIL OF ATF, LLC AND ROBERT DEL VECCHIO PENSION PLAN, LLC. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- violation of the New Jersey Uniform Fraudulent Transfer Act (N.J.S.A 25:2, et seq.). THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- CLAIM FOR RELIEF: fraud, misrepresentations, duress, coersion, mistake, insolvency, or other validating or invalidating cause. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- Pre- and POST FORECLOSURE FRAUD AND civil CONSPIRACY. THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS
-
- VIOLATION OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (FDCPA), 15 U.S.C. § 1692 ET SEQ., THE NEW JERSEY FAIR CREDIT COLLECTION PRACTICES ACT (NJFCEUA), AS AMENDED BY PUBLIC LAW 104-208, 110 STAT. 3009 (SEPT. 30, 1996). THIS CLAIM RUNS AGAINST THE ATF DEFENDANTS AND WAYNE TOWNSHIP DEFENDANTS
-
- A §1983 CLAIM FOR FAILURE TO PROPERLY TRAIN, SUPERVISE AND CONTROL OFFICERS (AGAINST THE PASSAIC COUNTY SHERIFF DEPARTMENT);
-
- This is a future claim to be made following the discovery.
-
- A STATE LAW TORT CLAIM FOR FAILURE TO PROPERLY TRAIN, SUPERVISE AND CONTROL OFFICERS (AGAINST THE SHERIFF DEPARTMENT);
-
- This is a future claim to be made following the discovery.
-
- A §1983 CLAIM FOR FAILURE TO INVESTIGATE (AGAINST THE PASSAIC COUNTY DEFENDANTS)
This is a future
claim to be made following the discovery.
Defendants’ conduct
violated Plaintiff’s due process rights to his reputation and good name that
resulted in loss of employment, professional licenses, job opportunities, as guaranteed under the U.S. and New Jersey
Constitutions as per 42 U.S.C. 1983 et seq
ADDITIONAL
STATE LAW CLAIMS (UNJUST ENRICHMENT, DEFAMATION, FALSE LIGHT, NEGLIGENCE,
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, PAIN AND SUFFERING, LOSS OF
CONSORTIUM, CONVERSION, TORTIOUS AND INTENTIONAL INTERFERENCE WITH PROSPECTIVE
ECONOMIC ADVANTAGE)
THE
DEFENDANTS
THE
ATF, LLC DEFENDANTS
The
ATF, LLC Defendants include but are not limited to: ATF, LLC, ATFH Real
Property, LLC, Matthew Marini (the owner of these entities), all officers and
directors of ATF, LLC and its subsidiaries, Harris Nesbitt Corporation (n/k/a
BMO Capital Markets Corporation), Keith Bonchi, Esq., Robert Del Vecchio, Esq.,
Coldwell Banker Realtor, Donald Fanelli, and John Does 1-20.
THE
PASSAIC COUNTY DEFENDANTS:
Former
officer Ronald A. Lucas, officer Victor D’Agostino, Nick Mango, Fred Ernst, the
Passaic County Sheriff, Passaic County, and John Does 21-40.
Pursuant
to Halsey v. Pfeiffer, 750 F.3d 273 (3d Cir. 2014), a court should not
foreclose a Fourteenth Amendment stand-alone claim for fabrication of evidence
even if a Fourth Amendment malicious prosecution claim fails (for example)
because of the existence of probable cause even without the fabricated
evidence. Such a claim is available even if the criminal defendant is
acquitted, “if there is a reasonable likelihood that, absent the fabricated
evidence, the defendant would not have been criminally charged.” Black v.
Montgomery County, 835 F.3d 358, 370 (3d Cir. 2016). In Michele
Black v. County of Montgomery, No. 15-3399 (3d Cir. 2016) where the Third
Circuit ruled that “an acquitted criminal defendant may have a stand-alone
fabricated evidence claim against state actors under the due process clause of
the Fourteenth Amendment if there is a reasonable likelihood that, absent that
fabricated evidence, the defendant would not have been criminally charged.”
==============================================
MAJOR
BOMBSHELL UNCOVERED BY METROFORENSICS: New Jersey's Office of
Foreclosure has
either negligently or intentionally violated a number of state tenancy
laws and coerced the Superior Court Clerk into issuing illegal eviction
orders
SenVanDrew@njleg.org;
AsmAndrzejczak@njleg.org; AsmLand@njleg.org; SenBrown@njleg.org;
AsmMazzeo@njleg.org; AsmArmato@njleg.org; SenSweeney@njleg.org;
AsmBurzichelli@njleg.org; AsmTaliaferro@njleg.org; SenMadden@njleg.org;
AsmMoriarty@njleg.org; AswMosquera@njleg.org; SenCruzPerez@njleg.org;
AswEganJones@njleg.org; AsmSpearman@njleg.org; SenBeach@njleg.org;
AsmGreenwald@njleg.org; AswLampitt@njleg.org; SenSingleton@njleg.org;
AsmConaway@njleg.org; AswMurphy@njleg.org; SenAddiego@njleg.org;
AsmHowarth@njleg.org; AsmPeters@njleg.org; SenConnors@njleg.org;
AsmRumpf@njleg.org; AswGove@njleg.org; SenHolzapfel@njleg.org;
AsmWolfe@njleg.org; AsmMcGuckin@njleg.org; SenGopal@njleg.org;
AswDowney@njleg.org; AsmHoughtaling@njleg.org; SenThompson@njleg.org;
AsmClifton@njleg.org; AsmDancer@njleg.org; SenOscanlon@njleg.org;
AswHandlin@njleg.org; AswDiMaso@njleg.org; SenGreenstein@njleg.org;
AsmDeAngelo@njleg.org; AsmBenson@njleg.org; SenTurner@njleg.org;
AswReynoldsJackson@njleg.org; SenBateman@njleg.org; AsmFreiman@njleg.org;
AsmZwicker@njleg.org; SenBSmith@njleg.org; AsmDanielsen@njleg.org;
AsmEgan@njleg.org; SenDiegnan@njleg.org; AsmKarabinchak@njleg.org;
AswPinkin@njleg.org; SenVitale@njleg.org; AsmCoughlin@njleg.org;
AswLopez@njleg.org; SenCryan@njleg.org; AswQuijano@njleg.org;
AsmHolley@njleg.org; SenKean@njleg.org; AsmBramnick@njleg.org; jaynee.lavecchia@judiciary.state.nj.us;
barry.albin@judiciary.state.nj.us; lee.solomon@judiciary.state.nj.us;
walter.timpone@judiciary.state.nj.us; anne.paterson@judiciary.state.nj.us; fj.fernandez-vina@judiciary.state.nj.us; stuart.rabner@judiciary.state.nj.us;
stuart.rabner@njcourts.gov; 'Sven Pfahlert'
<sven.pfahlert@judiciary.state.nj.us>; 'Sven Pfahlert' <sven.pfahlert@njcourts.gov>;
'Michelle Smith' <Michelle.Smith@njcourts.gov>; 'Irene Komandis'
<irene.komandis@njcourts.gov>; kathryn.shabel@njcourts.gov; mary.jacobson@njcourts.gov; Thomas.Laconte@njcourts.gov;
paul.innes@njcourts.gov
AswMunoz@njleg.org;
SenScutari@njleg.org; AswCarter@njleg.org; AsmKennedy@njleg.org;
SenDoherty@njleg.org; AsmDiMaio@njleg.org; AsmPeterson@njleg.org;
SenOroho@njleg.org; AsmSpace@njleg.org; AsmWirths@njleg.org;
SenBucco@njleg.org; AsmCarroll@njleg.org; AsmBucco@njleg.org;
SenPennacchio@njleg.org; AsmWebber@njleg.org; AswDecroce@njleg.org;
SenCodey@njleg.org; AswJasey@njleg.org; AsmMcKeon@njleg.org; SenRice@njleg.org;
AsmCaputo@njleg.org; AswTucker@njleg.org; SenRuiz@njleg.org; AswPintorMarin@njleg.org;
AswSpeight@njleg.org; SenSinger@njleg.org; AsmSKean@njleg.org;
AsmThomson@njleg.org; SenCunningham@njleg.org; AswMcKnight@njleg.org;
AsmChiaravallotti@njleg.org; SenSacco@njleg.org; AswJimenez@njleg.org;
AsmMejia@njleg.org; SenStack@njleg.org; AsmMukherji@njleg.org;
AswChaparro@njleg.org; SenGill@njleg.org; AsmGiblin@njleg.org;
AswTimberlake@njleg.org; SenPou@njleg.org; AswSumter@njleg.org;
AsmWimberly@njleg.org; SenSarlo@njleg.org; AsmSchaer@njleg.org;
AsmCalabrese@njleg.org; SenWeinberg@njleg.org; AsmJohnson@njleg.org;
AswVainieriHuttle@njleg.org; SenLagana@njleg.org; AswSwain@njleg.org;
AsmTully@njleg.org; SenCardinale@njleg.org; AswSchepisi@njleg.org;
AsmAuth@njleg.org; SenCorrado@njleg.org; AsmRooney@njleg.org; AsmDePhillips@njleg.org; jaynee.lavecchia@judiciary.state.nj.us;
barry.albin@judiciary.state.nj.us; lee.solomon@judiciary.state.nj.us;
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stuart.rabner@njcourts.gov; 'Sven Pfahlert'
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Pfahlert' <sven.pfahlert@judiciary.state.nj.us>; 'Sven Pfahlert'
<sven.pfahlert@njcourts.gov>;
December 15, 2018
RE:
MAJOR SCANDAL REGARDING THE VIOLATION OF THE STATE’S TENANCY LAWS BY THE CLERK
OF THE SUPERIOR COURT OF NEW JERSEY AND THE OFFICE OF FORECLOSURE.
DID
SVEN PFAHLERT COLLUDE WITH CREDITOR LAWYERS TO VIOLATE PEOPLE’S POSSESSORY
RIGHTS?
Dear Legislators and Justices:
It has been reported in the media (see excerpts below) that the Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws by:
It has been reported in the media (see excerpts below) that the Office of Foreclosure has either negligently or intentionally violated a number of state tenancy laws by:
1.
Entering ex-parte writs of possession the same day as a judgment for possession
in violation of N.J.S.A. 2A:18-57;
2. Entering ex parte writs of possession without the requisite notice for demand to quit in violation of 2A:18-61.2 and/or NJSA 2A:18-53 (addressing the removal of tenant at sufferance)
3. Entering an ex-parte judgment for possession without receiving a proof of notice to quit that is prerequisite to judgment (See N.J.S.A. 2A:18-56);
4. Accepting as true the self-certifications of bank attorneys that a residential property occupier had no possessory rights when according to state case law these people are tenant-at-sufferance, protected by the Summary Dispossess Act, N.J.S. 2A:18-53 (See the definition of tenant found in NJSA 46A:14-1, stating that a tenant-at-sufferance is included in the definition of a tenant)
THE NEW JERSEY SUPREME COURT HAS RULED THAT EX-PARTE JUDGMENTS OF POSSESSION ISSUED WITHOUT A STATE STATUTE-REQUIRED DEMAND TO QUIT AND NOTICE OF AN EVICTION HEARING ARE ILLEGAL AND VOID. EVEN IF THE JUDGMENT HAD BEEN ENTERED LAWFULLY (IT WAS NOT), THE CLERK HAD NO JURISDICTION TO ISSUE THE WARRANT OF REMOVAL THE SAME DAY THE JUDGMENT WAS ENTERED.
2. Entering ex parte writs of possession without the requisite notice for demand to quit in violation of 2A:18-61.2 and/or NJSA 2A:18-53 (addressing the removal of tenant at sufferance)
3. Entering an ex-parte judgment for possession without receiving a proof of notice to quit that is prerequisite to judgment (See N.J.S.A. 2A:18-56);
4. Accepting as true the self-certifications of bank attorneys that a residential property occupier had no possessory rights when according to state case law these people are tenant-at-sufferance, protected by the Summary Dispossess Act, N.J.S. 2A:18-53 (See the definition of tenant found in NJSA 46A:14-1, stating that a tenant-at-sufferance is included in the definition of a tenant)
THE NEW JERSEY SUPREME COURT HAS RULED THAT EX-PARTE JUDGMENTS OF POSSESSION ISSUED WITHOUT A STATE STATUTE-REQUIRED DEMAND TO QUIT AND NOTICE OF AN EVICTION HEARING ARE ILLEGAL AND VOID. EVEN IF THE JUDGMENT HAD BEEN ENTERED LAWFULLY (IT WAS NOT), THE CLERK HAD NO JURISDICTION TO ISSUE THE WARRANT OF REMOVAL THE SAME DAY THE JUDGMENT WAS ENTERED.
On June
15 the Housing Authority's counsel wrote to the court clerk, ex parte, and
enclosed an affidavit which stated that the tenants had failed and neglected to
comply with the terms of the settlement. He requested that a judgment for
possession be entered and a warrant of removal issued. On June 16, without
notice to the tenants, a judgment for possession was entered and that same day
a warrant of removal issued.
It is
clear that the judgment for possession entered on June 16 was invalid. The
court's order dated April 28 which memorialized the terms of the settlement did
not fix a time within which the back rent had to be paid. Obviously a
reasonable time was intended. However, the Housing Authority, although it
concluded that there had been a failure to comply with the terms of the
settlement, should not have applied ex parte for entry of a judgment for
possession on that ground, and the clerk should not have entered judgment
without giving the tenants an opportunity to be heard. R. 6:6-3(b). Even if the
judgment had been entered lawfully (we hold it was not), the clerk had no *316
jurisdiction to issue the warrant of removal the same day the judgment was
entered. N.J.S.A. 2A:18-57 provides that in summary dispossess proceedings
"[n]o warrant of removal shall issue until the expiration of 3 days after
entry of judgment for possession."
Since the June 16 judgment was illegal and void, the tenants'
motion to vacate that judgment and quash the warrant of removal, heard on
October 6, should have been granted on jurisdictional grounds. Mrs. Hayward's
appeal from that ruling was timely and should not have been dismissed by the
Appellate Division.
*317 Accordingly, we set aside the dismissal, reinstate the appeal
and, having considered the merits, reverse the October 6 ruling of the trial
court and direct that court to vacate the judgment for possession and warrant
of removal, and dismiss the complaint.
HOUSING
AUTHORITY OF CITY OF WILDWOOD v. Hayward, et al., 406
A.2d 1318, 81 N.J. 311 (1979)
It is apparent that lawyers for the banks and other creditors have been colluding with the office of foreclosure lawyers to violate the tenancy laws of the state. THIS IS A MAJOR SCANDAL AND/OR CORRUPTION IN THE STATE'S JUDICIARY BRANCH.
The State’s own law revision commission states the following:
Since enactment of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., the Summary Dispossess Act has been understood to cover the eviction of nonresidential tenants and residential tenants not covered by the Anti-Eviction Act. Source: STATE OF NEW JERSEY, NEW JERSEY LAW REVISION COMMISSION, Final Report Relating to Landlord and Tenant Law, February 10, 2012.
This tenancy at sufferance is included in the definition of tenant in the New Jersey statutes: "Tenant" includes, but is not limited to, a lessee or tenant at will or at sufferance or for any duration, or any subtenants, assigns, or legal representatives of the lessee or tenant. Title 46A – Landlord and tenant law. Article 5, eviction, chapter 14, eviction generally. 46A:14-1: Tenant, landlord, residential rental premises; what is included.
Here is some of the case law of New Jersey:
Under New Jersey law, "[a] purchaser at a mortgage foreclosure sale obtains the legal right to possession of land purchased as soon as he obtains a deed from the selling officer." 30 New Jersey Practice, Law of Mortgages § 373. The mortgagor's continued possession of the property after such time is that of a tenant at sufferance. See Caruso v. Hunt, 69 N.J.Super. 447, 452, 174 A.2d 381 (Ch.Div. 1961) (quoting 2 C.J.S. Adverse Possession § 105, page 659) ("The owner's continued possession after sale of the property at execution, judicial, or like sale is that of a tenant at sufferance of the purchaser”). In Re St. Clair, 251 B.R. 660 (D.N.J. 2000). We have found that a tenant at sufferance is "'one who comes into possession of land by lawful title, usually by virtue of a lease for a definite period, and after the expiration of the period of the lease holds over without any fresh leave from the owner.'" Xerox Corp. v. Listmark Computer Sys., 142 N.J. Super. 232, 240 (App. Div. 1976) (citing Standard Realty Co. v. Gates, 99 N.J. Eq. 271, 275 (Ch. 1926)). WA GOLF COMPANY, LLC v. ARMORED, INC, Appellate Division, August 6, 2014.
To remove a tenant at sufferance, the
statutory procedures provided under the Summary Dispossess Act, N.J.S. 2A:18-53
et seq. must be followed. However, the lawyers for the creditors failed
to follow these procedures and therefore, the tenants-at-sufferance due process
rights established by the above state laws were violated.
The Office of Foreclosure and the
Clerk have been refusing to respond; that is why we are asking for your
intervention and investigation into these illegalities.
The Summary Dispossess Act, N.J.S. 2A:18-53 et seq. requires proof of notice to quit prior to entering a judgment for possession.
2A:18-56. Proof of notice to quit prerequisite to judgment
No judgment for possession in cases specified in paragraph "a." of section 2A:18-53 of this Title shall be ordered unless:
a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or
b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; or
c. The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term's notice to quit, which notice shall be deemed to be sufficient; and
d. It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.
In addition to the New Jersey, we also cite the law of the State of Virginia. All other states have identical procedures.
Evictions and Unlawful Detainers in VA
House Bill 311 codifies certain roles
and procedures during unlawful detainer matters:
1.
A former owner of a single-family residential dwelling unit who remains in the
property after foreclosure is now defined as a tenant at sufferance.
2. A successor owner has the right to file an unlawful detainer action three days after giving the tenant written termination notice.
2. A successor owner has the right to file an unlawful detainer action three days after giving the tenant written termination notice.
The Virginia law is identical to the
one New Jersey has. Almost every other state has similar procedures. The
Clerk and the Office of Foreclosure have been negligently or intentionally
colluding with the lawyers for the creditors to violate the due process rights
of tenants - and as is typical, the New Jersey Supreme Court is asleep at the
wheel.
ALERT REGARDING MR. PFAHLERT
CONFLICT OF INTEREST OF SVEN PFAHLERT
IN ISSUING OPINIONS ON FORECLOSURE MATTERS
What your Office of Foreclosure did was to then believe Mr. Sven Pfahlert’s (a former private law firm employee with Honig & Greenberg, L.L.C. – these are the people who have been attacking the homeowners and now he works for the State of New Jersey- THIS IS A HUGE RED FLAG) incorrect and illegal advice and enter an ex-parte judgment for possession without the prerequisite notices. You then entered the very same day an ex-parte writ for possession again in violation of the state statutes requiring notice to quit or vacate. You also violated state law that says you cannot enter a writ the same day you entered a judgment. To make matters worse, the judgment was entered by judges in Mercer County who had neither personal nor subject matter jurisdiction over the homeowner or the property.
These deceptive and unlawful practices by these convicted
Anti-Trust Conspirators 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.
I LOOK FORWARD HEARING FROM YOU
REGARDING THESE STATE LAW VIOLATIONS AND THE CONFLICTS OF INTEREST REGARDING
MR. PFAHLERT
I hereby certify under penalty of perjury that the foregoing statements made by me are true and correct. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C. §1746.
Respectfully Submitted,
Mark Kaplan, Esq.
I hereby certify under penalty of perjury that the foregoing statements made by me are true and correct. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. NJ Court Rule R. 1:4-4(b); 28 U.S.C. §1746.
Respectfully Submitted,
Mark Kaplan, Esq.