RICO Act: Coming To A Vendor Near You Soon!

Over the past several months, Foreclosurepedia has been laying out the ground work for the evisceration of the power and control in which certain Prime Vendors exercise in a concerted way over both Contractors, Clients and Brokers.  Everyone is familiar with the recent allegations we have leveled with respect to Wire Fraud against Safeguard Properties and others with respect to their altering our financial instruments, across state lines, and demanding that they be fulfilled.  Our opinion is that they are passing through the original bids, or higher portions than that which they inform Contractors of, to the Clients unbeknownst to either Client or Contractor.  It is being done freely, willingly and with overt intention and we have the written proof in our case and have now been compiling the information going back almost a decade and a half.

Upon closer investigation, we feel that when the modus operandi is examined in totality, the aforementioned rises to the level of violating the Racketeer and Influenced and Corruption Act (RICO)(Title 18, United States Code,  §§ 1961-1968).

The most common defendant to a civil RICO claim is not the stereotypical godfather figure, but is instead the CEO of a corporation, the controlling shareholder of a closed-corporation, the trustee of an estate or trust, or the leader of a political protest group.  Even the Catholic Church has been named as a RICO defendant.

Wire and Mail Fraud are ongoing as the bids are altered using electronic means and the checks sent to Contractors use the US Mail.  Additionally, if the Nationals are using Direct Deposit, we enter into some VERY SERIOUS crimes which make the aforementioned 30 years look like a joke!

The extensive use of RICO in the civil context is almost solely attributable to the inclusion of mail and wire fraud as predicate acts. Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 500 (1985). The mail and wire fraud statutes essentially make it criminal for any one to use the mails or wires to advance a scheme to defraud. Note that the fraudulent statements themselves need not be transmitted by mail or wire; it is only required that the scheme to defraud be advanced, concealed or furthered by the use of the U.S. mail or wires. See 18 U.S.C. §§ 1341, 1343. Because every business or corporation in the United States uses the mails or wires to make money, any business who allegedly engages in common law fraud arguably violates the federal mail and wire fraud statutes. As a result, almost any business that allegedly engages in common law fraud can theoretically be sued under the RICO Act.

Whoever knowingly executes, or attempts to execute, a scheme or artifice:

  1. to defraud a financial institution, or
  2. to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control [emphasis added] of, a financial institution, by means of false or fraudulent pretenses, representations, or promises shall be fined not more than $1,000,000 or imprisoned for not more than 30 years, or both.

Any Prime Vendor whom has rejected bids and then, by and through their Contract, required Contractors to fulfill the bids are guilty of Wire Fraud.  If, in their feeling that they are Too Big To Fail, passed on a penny more in billing with respect to the bid submitted, they are guilty of both Mail Fraud and quite possibly a violation of the False Claims Act ((31 U.S.C. §§ 3729–3733).

Federal and State False Claims Acts have been so effective in fighting fraud because they encourage ordinary citizen whistle blowers to come forward and file a lawsuit in the name of all taxpayers. These lawsuits, known as qui tam lawsuits, bring to light fraud on the government that would likely have gone undetected without the hard work and courage of whistleblowers.

Klein, we have absolutely nothing to loose!  As your peers begin to huddle around and prepare for the onslaught; as your Counsels begin to have the actuaries go over the years of this practice they are going to recommend an insanity plea.  Why on Earth would you wage a war against Foreclosurepedia?  Did you think, just because we live in a county with one stop light, we couldn’t spell our name?  Did you really think NAMFS was going to jeopardize their IRS 501 (c)(6) business league status and come running in to defend you under their umbrella?

We are beginning to interview EACH AND EVERY Contractor which are located in the massive mailing lists which were graciously leaked to us.  Guam and the Marshall Islands?  Come on, you can’t even keep people working and paid here stateside; did you really think Steve Buzash was going to be able to expand the anti trust juggernaut which you thrust upon the Industry?  Reminds me of Nero; the fiddle is playing while the Industry burns down, but there will be no one to blame in the end.

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