Part I-Why Obama and agencies like the SEC settle out of court
Newscast Media HOUSTON, Texas—In the past twelve months, the Securities and Exchange Commission (SEC) has settled numerous cases dealing with fraud in the markets, while the Obama administration has focused mainly on fraud in the housing sector. In both instances, some of the biggest cases were settled out of court without any litigation, and without the accused parties having to admit any wrongdoing.
To explain why cases are being settled out of court in dealing with fraud and financial instruments, one has to understand how the US court system works. Every court, federal or state, is a profit-making and trading business. The purpose of judges and lawyers is to facilitate these financial transactions through the use of bonds that I will explain carefully in this article.
Perhaps some people reading are surprised to know that courts exist to make profits, including the United States Supreme Court, and not to dispense justice. Virtually every court is listed on Dun & Bradstreet and you can type in the name of any court in any state, and you’ll see for yourself. Let us an example of Texas courts. Here is a listing of “some” Texas courts including the 5th Circuit Court of Appeals listed as a profit-making securities-generating business on Dun & Bradstreet. You may have to screencapture that page because D&B has a habit of moving them around.
The research I’ve done is too much to put in just one article so I may have to write additional articles as a continuation of this article.
The SEC deals with financial transactions on the Stock Exchange. Most of the crimes that are committed deal with securities. A security by definition is a financial asset under Uniform Commercial Code 8-102(a)(9). This gives the SEC the power to enforce its laws particularly the 1933 Securities Act and the 1934 Securities Act.
Judges and lawyers do not study either UCC or securities laws in law school, so the likelihood of handing down an erroneous decision by a judge is very high in such cases. This gives the SEC the power to
enforce its laws particularly the 1933 Securities Act and the 1934 Securities Act. Judges and lawyers do not study either UCC or securities laws in law school, so the likelihood of handing down an erroneous decision by a judge is very high in such cases.
The Obama administration during the recent settlement used the law of mortgages to bring the banks to their knees. There were 17 banks that were charged, and a Consent Judgment, that homeowners do not know about, in which the banks agreed not to foreclose for the next four years (3.5 yrs + and additional six months) was reached. All this happened out of court for a reason, and the judge had to approve the settlement.
When you walk into the court, everything is dealt with commercially. However, in order to win, you have to win even before you file your case, whether it is with an attorney or by yourself (Sui Juris). Every judge has a handler to whom this judge answers. The cases are decided the way the handler sees fit. The handler is called a Judge Advocate General. This is a military person who is behind the scenes and controls the outcome of every case. Every court has them, but it is a fraternity that
even most lawyers do not know about.
Why do you think every courtroom in America has a military Flag in it? Whenever you see an American Flag with a gold/yellow fringe on it, you are looking at a military Flag, that signifies military authority. The American Flag is Red, White and Blue, it only has three colors according to Title 4 U.S.C. §1, yet the flags in US courts have four colors with yellow being the fourth. I challenge you to visit any court, even traffic court, you’ll see that my research is accurate about the military Flag. Even judges who want to correctly apply the law can be overruled by their military handlers, so they too are afraid to apply the law. The attorneys on the other hand, are afraid to challenge these judges because they all belong in the same B.A.R association, and in the future, the attorney may have to bring another case before the same judge.