the re-establishment of the Rule of Law…

Gregorio R. Parcutela


15, 2013

Neukom Campaign Steering Committee and Co-Chairs

c/o ABF The Fellows of the American Bar Foundation

750 North Lake Shore Drive, 4th Floor

Chicago, IL 60611


Re: Neukom Fellows Research Chair in Diversity and Law


To Distinguished Colleagues in the Neukom Chair Campaign:


As an elected Lifetime member of your American Bar Fellows
group, and a friend of several of you in the Neukom Chair campaign (for an
academic study of diversity in the law), including  Bill Neukom (former General Counsel of
Microsoft)*  and Dennis Archer (former
Mayor of Detroit)**, I am writing to ask you to step forward with respect to
funding an even higher priority than the diversity chair.  As for diversity issues, I fully understand
them as I was the first woman President of the Minnesota State Bar Association
in its 105 year history as contrasted to my intelligent, penniless, immigrant
mother who was denied an education because “she was a woman.”   However there is a more pressing issue right
this moment that requires higher priority and financial resources immediately
allocated to back the reconstruction…the
re-establishment of the Rule of Law…
the re-establishment of our Democracy.



We no longer have a democracy.  Each individual’s vote no longer has any real


If you stop and focus on any body of law, you will see that
the laws will more likely  “not be
enforced”  if a prosecutor is seeking
reelection with prospective political contributions from a powerful corporate
interest on the other side.  Witness the
January 2013 statement by our top prosecutor, U.S. Attorney General Eric Holder
stating that “the financial institutions are too big to prosecute.”



For a graphic example of the disappearance of our rule of
law and the destruction of our democracy, witness what has happened in the
financial, and mortgage arena.   Ask Brooksley Born of your esteemed group
who was ordered “NOT to prosecute after her diligent and sincere investigation
of some of the leading criminal corporations.” (obtained from an interview by
Bill Moyers).   Ask the former Chair of
the FDIC, Sheila Bair who could not
get authorities to prosecute Wall Street in order to stop the biggest crime spree ever in our history.  Ask the U.S. Senator from Massachusetts, Elizabeth Warren who is valiantly fighting,
shoulder to shoulder with U.S. Senator John McCain as her partner,
restore protections for the people against the unmitigated, unrestrained greed
of the financial industry.  Ask John Reed the former Co-Chair of
CitiGroup who appeared on Bill Moyers
talk show and admitted his and co-chair Sandy Weill’s corrupt acts, driven by unbridled
greed and avarice.  Ask former U.S. President Clinton as to the impact of him signing the deceptive
“Financial Services Modernization Act”
which repealed  the key post
Depression-era protection, the Glass-Steagall Act [which was designed to
prevent the Depression from occurring again].
Clinton’s signing of the repeal in 1999 paved the way for banks to
invest in high risk mortgage-backed securities and collateralized debt


The consequence of Clinton’s signature is the 2008-2013
Great Depression, with the forthcoming collapse of the world’s economy.



I am a former criminal prosecutor, a former Special
Assistant Attorney General for the State of Minnesota, former Vice President of
a Fortune 500 Corporation, former partner of an international law firm, and
former Chief Counsel to the Minnesota Banking Commissioner as well as for
numerous divisions of Target (formerly Dayton Hudson Corporation).  I can not believe that the officers of the
banks, mortgage companies, and Wall Street companies are not in jail…and that
prosecutors are not prosecuting.   The
lack of prosecution is incomprehensible to me, as a former prosecutor.  That was my job…to prosecute for the
enforcement of the laws on the books. Those prosecutors who do not prosecute
should be fired.   The corporate lack of respect for legal
compliance is endless because there are no legal consequences in either the
criminal or civil prosecutorial arenas.
Even the most basic backbone of financial laws, “acknowledging the
receipt of mortgage payments,” is not being practiced by these financial
institutions.  The banks have thrown the
laws out the window!


And then look at the recent disclosures against Bank of
America wherein the inside B of A mortgage managers were additionally
compensated and rewarded for  “lying to
homeowners” and “doing whatever it took to speed up all mortgages to
foreclosure.”  This is a clear defiance
of laws.  This is “a spit in the eye of all of us law abiding citizens” who have
believed in the Rule of Law, and made our personal contributions to the
preservation of the Rule of Law.


When I still believed in the professional honor and
dedication of prosecutors, a couple of years ago for 3 hours, my husband and I
stood in front of California Attorney General Kamala Harris’ office in the
Justice building in Sacramento, California.
We begged for her to be a prosecutor and save the homes of millions in
California.  No one from her office
directly talked to me about the issue, but I saw several of her staffers laugh
at me as they came out for their lunch breaks.
We returned home that night to read a San Francisco Chronicle newspaper
article applauding Kamala for the W fashion magazine’s compliments about Kamala
being so well dressed with her costly Manolo Blahnik high heels.  So she wears $3000 high heels and
simultaneously families are losing their homes to illegal acts and pure fraud
because Kamala will not prosecute the banks that presumably financially feed
her political campaigns?  What’s wrong
with this picture?


If wrongdoers on Wall Street, like Goldman Sachs, had been
prosecuted 5 years ago, the subsequent waves of their damages from ongoing
legal noncompliance would not have occurred…and the U.S. economy would have
recovered more quickly and completely.
Instead Wall Street’s “casino
” spread unrestrained like wildfire to burn more jobs, lives, homes,
and businesses.  Middle Class Americans,
with millions of children, are now starving and homeless as a consequence of
such unbridled greed.   Food banks and
shelters can not meet the demand.
Americans sleep in the bushes in Sacramento and along the creek beds in
the heart of prosperous Silicon Valley, and others cram into their cars with
their entire families in Florida.  This
is totally unacceptable.  You should be



And shockingly, numerous banks after being successfully sued
and having the lawsuits settled (even with Consent Orders entered into with the
few aggressive prosecutorial government agencies), …ARE NOT complying with
the terms of the Consent Orders!  Their open defiance to the legal system,
including towards the judiciary by defying the Orders, continues on, unchecked.


For your enlightenment on this crisis, just focus on one
mortgage foreclosure case, and study the multitude of laws that are flagrantly
and openly being violated by the banks and the mortgage bankers.  Contrary to the erroneous public opinion,
these homeowners are NOT deadbeats.  They
are victims of pure fraud.



Talk about the story of David and Goliath….look at James
Beekman, a car washer, in Florida who has proof of dozens and dozens of
violations of laws by One West Bank and its IndyMac Mortgage Servicing Division
(forgeries, fraud, fake documents, repetitive lying, refusal to acknowledge
payments, purposely “losing” payments so they can foreclose on properties, etc.)  with nearly 400 other victims from across the
country who are willing to testify on his behalf as “having experienced the very same patterns of fraud at the
hands of IndyMac.”  With his nominal
funds, Mr. Beekman has been in litigation against One West Bank to protect his
$40,000 duplex for a home for his permanently disabled wife.  Thus far, One West Bank has spent MORE THAN
$80,000 in defense costs, even replacing local counsel with hot shot counsel
from another state that has close personal relationships with the judiciary as
well as a reputation of blocking litigation with tricks (One West’s current
outside attorney is private practitioner, Rik Tozzi
of Alabama, who picks his nose at the conferences with disrespect).  Beekman has a valiant, but small time
practitioner who can not litigate on equal footing.  Perhaps intimidated by the formidable forces
of the Bank, even the Assistant U.S. Attorney in Miami, Florida, Mr. Franklin
Monsour, Jr.  has backed down on
proceeding with Mr. Beekman’s separate qui
(the qui tam is an effort to
help the Federal government recover against OneWest Bank for funds
taken/diverted from the Federal coffers through illegal actions).


Settlement discussions were initiated by OneWest Bank.  But Mr. Beekman knows the American democratic
principles involved… the need to enforce the laws—to have enough punitive
impact so that there are no more victims of pure outright fraud by OneWest CEO
Steven Mnuchin’s operations.  CEO Mnuchin
is  the former Executive Vice President
of Goldman Sachs (and is the son of the former Chairman of Goldman Sachs and
his brother was a top executive of Bear Stearns).  You see—the Mnuchin family through Wall
Street leadership participated in the “world destructive” derivatives/securities
scam and presumably reaped huge financial gains in Tier One pirating, and then went to the lower Second Tier…wherein the consequentially unemployed victims of the
Tier One scam suddenly found their
homes vulnerable and so Mr. Mnuchin reaped also the Second Tier of assets, those homes, regardless of complying with
the real estate and financial laws…regardless of whether those homes
qualified for home mortgage modifications that would have preserved families in
their homes across the country.  Who is
financing One West Bank, that was founded by Steven Mnuchin?    Answer: International financier George Soros and Mike Dell’s (Dell Computers founder) investment group.  And Steve Mnuchin serves on such prestigious
Boards of Directors as Sears Holding
(which includes Sears and Kmart stores).
[The irony is that Mike Dell’s wife has established a charity in Austin,
Texas that focuses on the needs of homeless children…and her husband is
simultaneously making those children homeless by financing a fraud-based enterprise…
And what is the sourcing of her funds for the “homeless children” charity?  Illegally foreclosed homes?]  Boy does this smell like rotten fish!


The principles involved in this Beekman lawsuit include Mr.
Beekman’s insistence on maintaining a civilization of laws, maintaining an
unwavering commitment to Justice, respecting all people, and being vigilant in
maintaining the sanctity of the heart of our democracy—the value of our


One of the real heroes in the USA—today’s Abe Lincoln…. is James Beekman of Florida,  Tel. (561)
835-8748.    email:  northstreetcapital@yahoo


Amongst  other heroes
are the over 400 homeowners who were victimized by One West Bank and IndyMac
with the sophisticated fraud schemes but knew the difference between “right and
wrong,” knew that our Democracy was imperiled and disappearing, and fought the
corruption on their own, on their meager finances, with their last
breaths.  They banded together over the
internet to find insight as to the depth of the criminal activity and
corruption of One West Bank and Indy Mac.
Go to  to access the unfinanced Heroes and
who are fighting for America for the hundreds of millions of
victims of the financial corruption.  God
Bless one disabled woman in California, Rebecca, who knew how imperiled America
was five years ago and stood her ground by starting up the website
“indymaccomplaints” so the murkiness of understanding and confusion created by
the repetitive fraudulent acts of One West Bank could be cleared up by
information and experiences shared by the thousands of victims across the
country.  There were clear patterns of
intentional fraud, in every case.


Look how far One West Bank has reached in violating
laws.  It turns your stomach.  One disabled woman in Colorado is losing her
house to foreclosure by One West Bank on July 30, 2013 even though she has made
all of her payments and has delivery proofs…and on top of that, she is in a
“Victim Protection Program” that One West Bank and IndyMac have repeatedly and
flagrantly violated by sending/faxing her location information to the abuser
(from which she is supposed to be protected)—her brain injury as a permanent
disability came from the abuser who IndyMac has been continually advising of
her whereabouts and other intimate financial details, in total violation of the
terms of Victim Protection in Colorado.  One West Bank and IndyMac repetitively
defy the laws
—– of contract, of finance, of victim protection,
etc.  The victim of One West Bank,
victimized on multiple levels, is now worried as to how she will get the money
for postage to fight her foreclosure as she has spent everything on attorneys’


Even a Special
Agent for the U.S. Secret Service
, Ross Yerger, was put through the
same fraud scheme of OneWest Bank. He made all of his payments and still One
West Bank initiated foreclosure and sent mortgage statements rife with
errors.  After 2 years of protracted
litigation, in October 2012, an historic civil jury verdict in the District of
Columbia found that One West Bank
violated DC’s consumer protection law by breaching its contract and committing
against Mr. Yerger.  Actual
damages, punitive damages and attorney fees were awarded.  Yerger v. OneWest Bank, NO. 2011 CA 000706 in
the Superior Court for the District of Columbia.  So even a member of the elite U.S. Secret
Service was victimized by today’s version of the organized crime syndicate!



Mr. Beekman and Rebecca, and helpless others, are fighting
for America and the reestablishment of our Democracy.  What are you doing?




The Occupy Movement tried to get your attention this past
May 2013 in Washington DC by demanding the resignation of U.S. Attorney General
Eric Holder because he refuses to prosecute the banks and other financial
institutions for multiple violations of the laws, including those with respect
to mortgage foreclosure violations.  In the crowds were responsible, mature homeowners
and their children from across the country who were willing to go to jail
because “U.S. Attorney General Eric Holder refused to throw the Wall Street
criminals in jail.”
  There is
something really wrong with this picture….
The wrong people are being thrown
in jail.




The ABF Bill Neukom fundraising issue of a scholarly study
chair in “diversity and law” is meaningless if there is “no rule of law in our
society.”  America needs funds dedicated
to assuring that the Rule of Law and our Democracy are re-established.  With that critically essential staple
accomplished, we can then fine tune so many aspects of our Democracy, including
an appreciation of the value of diversity through ongoing academic study.


Your current Neukom campaign for funds in the context of
today’s reality is like the expression
“you have the cart before the horse.”
When I re-read your fundraising letter and great enthusiasm for its very
limited scope of immediate service, I keep seeing visions of   “Roman Emperor Nero fiddling, while Rome




My husband and I met privately with our U.S. Congressman and
asked what had happened to the enforcement of the laws in America.  He whispered to us “the Congressional votes
and law enforcement have been corrupted and undermined by the political
contributions and intense lobbying by the banks, and other well financed
groups.  The politicians want to be
reelected so they will not cross the banks, etc.  The banks get whatever they want. ”


That translates into “there


Here are some ideas
for re-establishing the value of  our
votes….Overturn the U.S. Supreme Court ruling on “Citizens United” with a
Constitutional Amendment that corporations are not “persons.”  Cap the maximum contribution that any person
can make to $250 for a campaign.  Bar any
other contributions and separately funded ad campaigns. Bar foreign
contributions. Regulate internet contributions so they can not conceal illegal
contributions, including those from foreign countries that are trying to buy
our Democracy and including those multiple contributions with phony individual
names that are used to disguise Billionaires’ huge campaign contributions
through the internet.   Prohibit
employment of retiring Congressional members (elected and staff personnel)  as lobbyists or as staff with companies that
they formerly regulated.  With the advent
of “free internet access,” the need for campaign funds has diminished for the
purposes of communicating political positions.
As an alternative, provide government sponsored public forums for all
candidates, with nominal costs paid by the government…TV  and internet forums are ideal and not
costly.   Oversee complaints against
prosecutors for not prosecuting, with the same stringent commitment  evidenced with the ABA currently  carefully screening judicial candidates for
bench appointments….  they are for the
same goals…for the maintenance of  justice.




This is an American
issue, across all interest groups, all diversity, and all individuals.


I have always looked to you ABF members and the American Bar
Association as the vigilant protectors of our Rule of Law.  However, on your watch, the Rule of Law has
been significantly eroded.  Your ABA’s
hundreds of lobbyists and millions of dollars of resources (with even an ABA
office in Washington DC)  need to be
redirected to re-establishing our democracy or else you, your children, and
grandchildren will more than likely find yourselves/themselves someday facing
unrestrained, unchecked abuses by giant corporations, (like  brave Mr. Beekman is fighting alone today).   And no one will care about you because you
are neither rich nor powerful at that point in time.  With the snap of one’s fingers and the
powerful, corrupt, unrestrained financial forces focused against you, you could
be in Mr. Beekman’s shoes instantaneously.
Who will listen to you then?




This is a pivotal point in America’s history.  This is not unlike President Abraham
Lincoln’s historic elimination of slavery.
You have the power, the resources, and the education to re-establish our
Democracy, with the Rule of Law, Justice and Equality for all, including for
Mr. Beekman, Rebecca, and yourselves.
Return the country to its people, equally.



Let’s “Pursue the
  the basic promise of having a genuine Democracy.

Let’s act in unison,
with proper funding from our affluent Bar Foundation and Association leaders,
and with our mutual dedication, to
fix the system before the American Revolution occurs in the streets like in
Crete, Italy, Syria and Egypt.  You have
the intellectual brilliance and resources to make this happen very



Reconstruct the Bill
Neukom Chair—Or Build an Additional New Chair So We Americans Can All Sit at
the Table

Let’s  honor the great
bar association leader, Bill Neukom, with a lasting legacy—one that is really
far reaching and permanent —- for hundreds of millions of Americans… by
designing a brilliant action plan and actually acting on it to create a newly restored Democracy for all Americans.


Step One: Express
public and active support, and lobbying, for the newly introduced U.S.
Congressional Bill by U.S. Senators Elizabeth Warren and John McCain
reestablishing the post-Depression protective legislation that was removed by
President Clinton… referenced as the  ’21st Century Glass-Steagall Act.




Helen Kelly

PO Box 237

CA.  94566




Enclosure:  Copy of
July 1, 2013 ABF Fundraising Letter for William Neukom



cc:  Mr. James Beekman

Occupy Movement

NY Times
Journalist Gretchen Morgenson

U.S. Senator
Elizabeth Warren

U.S. Senator
John McCain

Ms. Sheila
Bair, formerly Chair of FDIC

TV News Host,
Mr. Bill Moyers

Robert Reich, UC Berkeley,  former U.S.
Secretary of Labor

Professor Anat
Admati, Stanford Graduate School of Business, Stanford Law School




*Regarding Bill Neukom, I achieved significant support for
his campaign for Washington State’s Attorney General.

**Regarding Dennis Archer, I supported in several respects
his professional advancements including for Mayor of Detroit.








About arnierosner

As an American I advocate a republic form of government, self-reliance, and adherence to the basic philosophy of the founding fathers and the founding documents, I ONLY respect those who respect and "HONOR" their honor. No exceptions!
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