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Don't Insult the Mafia or Drug Lords by Calling Banks Organized Crime…..

I keep having clients try to convince me that we should be calling the banks Organized Crime organizations and treat them as such, but we should not insult the comparatively honorable members of the world’s Organized Crime Families, La Cosa Nostra and all that.   The fact of the matter is the banks are not anywhere near as organized or ethical as the mafia or drug lords.   I know a bit about both and while they are probably bloodthirsty and savage, they play by a set of rules.   One thing for certain, if you were making your protection payments to the mafia, they would not come kicking down your doors and breaking your knees.   The banks on the other hand play by no rules and are perfectly happy to take your money while at the same time coming to kick down your doors and pursue breaking your knee caps….through the perfectly savage forum known as foreclosure courts.
And if they come to kick down your doors, take your property or throw you into the streets and harass you….whether you’re paying or not, they’ll just pounce on you with gangs of attorneys.   Rather than beat you savagely with bats, they’ll make your life hell (and the life of your pool man, contractor, plumber) with depositions, subpoenas, hearings and other attacks.
Make no mistake, the banks have become far more ruthless and savage than organized crime ever became….and they are doing so with the explicit consent and approval of our nation’s court courts.
And the worst thing about it all is the bank savages are bought and paid for with your money.   It really infuriates me when I step into the tall buildings with all their marble and gleaming chrome, polished glass and “free” Starbucks coffee to know that my clients, the victims in all this, are paying for all this…with taxpayer bailout money….right down to the gurgling chocolate fountain I found in the lobby of one law office recently.
I am particularly infuriated by the National Mortgage Sellout, which has apparently just been signed and approved by the Federal Court today….the confirmation marks one of the darkest days in our nation’s judicial history….the deal with the devil (or five national banking devils to be more precise) has now been formally inked.


Keep in mind now that one of the by products of the National Mortgage Sellout has been a massive uptick in new foreclosure filings, a fact especially evident here in Florida.   Just since it was announced I’ve seen a huge uptick in both new filings and the aggressive pursuit of the foreclosure cases that have been stalled out in courts.

And so it appears that the practical impact of the National Mortgage Sellout is more of the taxpayers that bailed out the banks will be thrown into the street, the improper conduct of the banks goes completely unpunished, and the flagrant and systemic abuse of our court system and desecration of the Rule of Law is confirmed and supported by the very court system that has been so desecrated….now ain’t that a grand thing?

The “leadership” of this nation has hastened our descent into a dark, lawless and very dangerous place.

God help us all.


  • Attorney Wendy Alison Nora says:

    From a facetious point of view, one could say that this is a point well-taken, but it is a mistake to say this.
    The power structure and intelligence agencies have been involved in money laundering and drug pushing from at least the Opium Wars in China (First Opium War from 1839 to 1842 and the Second Opium War from 1856 to 1860) through the Iran Contra scandal and a recent Russian lawsuit against Bank of New York Mellon for money laundering, through the medical system prescribing dangerous psychoactive drugs for off-label uses, through the War on Drugs which facilitates lower level drug cartels and includes the War in Afghanistan from which the world’s opium flows. Please do not romanticize organized crime at any level. It is a slippery slope, a destructive Hollywood projection to lead us to accept and even approve the unacceptable.
    The Cosa Nostra and every “gang” springs from the default of an ethical social order.

  • chitown2020 says:

    Chicago style, pay to play politics has gone nationwide. Everybody pays for the corruption. Just ask any Cook County resident. The result of mass corruption is, you will pay more for everything and get nothing for your money. That is what mass corruption does. Corruption destroys and allows the rich to get it ALL under many guises. Only people who step on toes go to prison. Just ask Blago..Ah, he will never tell if he knows what’s good for him.

  • Esteban says:

    ” If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.”
    ““ Thomas Jefferson, Letter to Treasury Secretary Albert Gallatin (1802)

  • JamesM says:

    Florida has a civil RICO statue modeled after the federal criminal statute. It is, in legal terms, relatively new.
    It was not on the books when your law professor went to school and not commonly discussed. I think is worth the average foreclosure lawyer looking up the elements of this cause of action.
    Notable is the rather unique feature, unlike most causes of action you can include prior criminal acts against non-parties. For example if the mafia broke your knee caps, a prior breaking of a different persons knee caps would go towards prior actions and establishing a pattern. Each fellony grade prior action, be it notary fraud, recording fraudulent documents, transmitting fraudulent documents by mail counts. Everything counts, does not matter if your client was the victim or not.
    Civil RICO is not a common pleading, but seems to be a mighty good counterclaim, considering it’s tipple damages and the ability to include offenses against non-parties.
    Unlike criminal RICO, where the most difficult element is proving an organization exists and that it directs the actions, we have it easy for a company is an organization, and other actors are alleging they are the company agents. Even MERS claims it only acts as an agent for the note holder, and does not legally hold the note it’s self.
    Moreover in many cases most of the facts for the criminal actions that make up the elements of a civil RICO are provable directly from the public record and application of existing law.
    I think strong cases can be crafted in which there is not a lot of eye witness ‘believability’ in which the court can exercise discretion. And if the court gets it wrong the case may well be winnable on appeal, for both interpretation of written instruments and application of law is reviewed de-novo.

  • JamesM says:

    Florida BAR article on RICO.
    Do note, while there is a legal distinction between civil an criminal RICO, there is also a lot of overlap. In many ways the civil RICO is an opportunity to prosecute an action where the state fails.
    Some of the federal rulings on RICO may or may not apply to a state civil action.
    It could be that a group of skillful lawyers, combining the talents of foreclosure defense and white collar criminal prosecution could put together a kill team to take down one major player and their foreclosure mill agents. Then leverage that judgement against the rest of the banks.
    Tactically, a smaller bank that is weaker maybe the first of the herd to take down.

  • Nye Lavalle says:

    AMEN Matt! Happy Easter to you and Tiff!!!

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