Tuesday, June 12, 2012

Please go to the following website to see a newer version of this evidence that has been submitted to the House Oversight Committee and the Senate Judiciary Committee.
After reading the first 97 sentences in the introduction please call Representative Marsha Blackburn’s office and leave a message for her assistant Ms. Parker requesting that Mrs. Blackburn be told in person that you would like an immediate investigation and resolution of the evidence presented by Barry Schmittou. The number is 931-503-0391
Here is the website with the new evidence combined with the Federal Court filing that is seen in the 9/13/11 posting on this website :
You may also email a request for an investigation. Please only send to the first email address once :

Tuesday, September 13, 2011


In The United States District Court For The Middle District Of Tennessee


Barry Schmittou,                                       No. 3:05-0013                           
Plaintiff,                                                        Honorable Judge Trauger
                                                                                            V.                                                                             
Metropolitan Life Insurance                           
Company and TMG Solutions Inc.                
d/b/a Mosaic Sales Solutions 


Motion Warning President Obama 22,000 Drug Murders Enabled By Wachovia Bank Laundering $378 Billion Dollars !! No One at Wachovia Was Prosecuted !! Obama Received $1,268,970 in Contributions from Wachovia and its Employees !!

Wachovia Paid $110 Million in Fines Which is 1/3 of one percent of the $378 Billion of  Murder Related Money They Laundered !!

An Investigator Wrote : “If you don’t see the correlation between the money laundering by banks and the 22,000 people killed in Mexico, you’re missing the point. I am sure Wachovia knew what was going on, it went on too long and they made too much money not to have known.”

Also Warning President Obama of Mass Suicides, Deaths and Endangerment in Five Different Types of Insurance Caused By Obama’s Campaign Contributors at Multiple Insurance Companies That Ignore Multiple Sclerosis, Brain lesions, Cardiac Conditions of Many Patients, and Cause So Many Suicides of Injured Workers WFAA – TV in Dallas Texas Wrote :

 “a remarkable number of Texans committed suicide because they could no longer endure the pain caused by their injuries and they had been repeatedly turned down for worker’s comp care.”

You’ll see evidence of huge bid rigging and fraud committed repeatedly by multiple corporations that have given you huge contributions. During the time period of the Texas workers suicides AIG rigged huge bids to increase sales of Workers Comp policies. The Bush Administration did not prosecute the bid rigging and Obama’s DOL and DOJ will not investigate the suicides or prosecute or even stop any of these crimes !!
 
Requesting this Court will appoint a Special Prosecutor to stop leaders of the U.S. government from pretending that the crimes are resolved or stopped by fines which are equal to a small percentage of the profits from the crimes !!

The evidence in this motion and evidence I’ve posted at www.treasonevidence.blogspot.com proves large corporations repeatedly endanger and kill many Americans because they know they will never be prosecuted !!



Index of Warnings

Warning One

22,000 Drug Murders Enabled By Wachovia Bank Laundering $378 Billion Dollars !! No one was prosecuted !! Obama Received $1,268,970 in contributions from Wachovia and its Employees !!

Evidence Quote :

“It’s the banks laundering money for the cartels that finances the tragedy,” says Martin Woods, director of Wachovia’s anti-money-laundering unit in London from 2006 to 2009. Woods says he quit the bank in disgust after executives ignored his documentation that drug dealers were funneling money through Wachovia’s branch network.

“If you don’t see the correlation between the money laundering by banks and the 22,000 people killed in Mexico, you’re missing the point,” Woods says.

“I am sure Wachovia knew what was going on,” says Jose Marmolejo, who oversaw the criminal investigation into Wachovia’s customers in Mexico. “It went on too long and they made too much money not to have known.”

Marmolejo, who prosecuted those running one of the casas de cambio at the Mexican end, said: "Wachovia handled all the transfers. They never reported any as suspicious."

“All those people dealing with all that money from drug-trafficking and murder, and no one goes to jail" !!

“No big U.S. bank -- Wells Fargo included -- has ever been indicted for violating the Bank Secrecy Act or any other federal law.”
“Since 2006, more than 22,000 people have been killed in drug-related battles that have raged mostly along the 2,000-mile border that Mexico shares with the U.S. In the Mexican city of Ciudad Juarez, just across the border from El Paso, Texas, 700 people had been murdered this year as of mid- June. Six Juarez police officers were slaughtered by automatic weapons fire in a midday ambush in April.”
 (Much More Wachovia evidence is seen in Section 1 below)
You’ll also see quotes that prove :
“banks aren’t the only financial institutions that have turned a blind eye to drug cartels in moving illicit funds. Western Union Co., the world’s largest money transfer firm, agreed to pay $94 million in February 2010 to settle civil and criminal investigations by the Arizona attorney general’s office.”
I have presented this Court with overwhelming evidence that proves Obama and Bush’s DOJ and DOL allow insurance companies, banks and other big businesses to repeatedly commit huge crimes and they are very aware they will never face prosecution !! I assert this is selective prosecution, arbirtray and capricious and a complete destruction of due process that endangers every American citizen and this Court should immediately appoint multiple Special Prosecutors to stop these extreme injustices that are a threat to every citizen of America !!
Since the U.S. Government polices the entire world the governments allegiance to criminal corporations also places every citizen in the world in great danger !!


Warning Two to President Obama

More Murders and Mass Suicides Caused By Your Campaign Contributors Committing Crimes Against Sick and Dying Americans in Five Types of Insurance !

Your Contributors are Removing Files and Ignoring Medical Conditions Including Multiple Sclerosis, Brain Lesions and Cardiac Conditions in Three Separate Types of Insurance; and They Are Fabricating Pre- Existing Conditions in Two More Types of Insurance.

Your DOL/DOJ Will Not Stop These Crimes Even Though Patients Can Die While They Wait Years For Resolution !!

Evidence Includes Quotes From Numerous Federal Judges, Physicians, Four Professors and Four National Media Sources !!

Warning Three to President Obama

Multiple Corporations Rigged Bids Multiple Times and/or Committed Health Care Fraud ! No One is Prosecuted !!!! You Received Large Contributions From Many of Them !!

Requesting Court Appoint Special Prosecutor to Investigate Obama and Bush’s DOL and DOJ’s Failure to Prosecute and/or Stop These Crimes !!

Please consider this to be the motion and memorandum combined and please allow any pages that are in addition to those normally allowed by the Federal Rules of Civil Procedure


Evidence Quotes Index
                                           

(1) WFAA – TV in Dallas Texas wrote “a remarkable number of Texans committed suicide because they could no longer endure the pain caused by their injuries and they had been repeatedly turned down for worker’s comp care.”

During the time period of the suicides AIG rigged huge bids to increase sales of Workers Comp policies. No one was prosecuted for the bid rigging and Obama’s DOL and DOJ will not investigate the suicides!!

(2) Injured War Zone Contractor Daniel Brink had his leg, fingers and toes blown off in a car bombing in Iraq. This past Spring Daniel saw my internet postings and asked me to help. Here are his exact quotes :

“The Sheriff repossessed my wheelchair because CNA Global Insurance stopped payment on the check that they issued to the suppliers and my life really started spiraling out of control”

“My medication that I need because of PTSD and the severe pain I experience, has not been paid for three months. My teeth are extensively damaged right down to the nerves due to grinding caused by the severe Post Traumatic Stress Disorder I am suffering from."

"I am sleeping on the floor on a mattress in the living room with my Night care Assistant sitting on a chair next to my mattress. I have to use a bucket and a bottle to urinate in the evenings."

(end of quotes)

(President Obama, CNA contributions to you are seen later)

(3) Numerous Federal Judges have written that Doctors’ paid by your campaign contributors (including MetLife) endanger patients by ignoring Multiple Sclerosis, brain lesions, cardiac conditions of many disabled patients and a foot a new mother broke in five places !!

MetLife’s treatment of multiple Psychological patients was so severe U.S. Judge Richard Enslen wrote :

"Metlife and its henchmen should appreciate that such conduct may itself precipitate the suicide death of a person who has placed implicit trust in their organization. This record is an open indictment of MetLife’s practices and treatment of the mentally-ill and long-term disability benefits."

U.S. District Judge Nancy Gertner won the Thurgood Marshall Award of the American Bar Association in 2008. 

Here are two important quotes Judge Gertner wrote about Metlife: 

“It misquoted Whitehouse’s doctors and cherry-picked or took out of context statements made. The denials continued to press factual inaccuracies even after being informed of the errors.”

“Perhaps most egregious of all, it misquotes Dr. Bhan as stating that Whitehouse “[was] able to function” AR 116 when, in fact, he said “she was not able to function.”  
MetLife endangered three cardiac patients but Obama’s DOL and DOJ do not care !!

In the case of Wright verses Metlife U.S. Magistrate Judge Jennifer Guerm wrote these quotes :

"MetLife relied on clearly erroneous findings of fact in making its benefit determination. MetLife’s review of Plaintiff’s appeal consistently omitted or misrepresented relevant information in several ways. On October 18, 2004, Dr. Barnett wrote a letter to MetLife stating:

"I am gravely disturbed by your misrepresentation of the facts with regard to my discussion with your independent physician consultant and your lack of due diligence in collecting further medical information regarding Mr. Wright’s health condition. Indeed, Mr. Wright has ongoing cardiac disease including ischemia and loss of function due to previous myocardial infarctions."

Judge William Acker asked Metlife this question about cardiac patient Frank Blankenship :

"Can a heart patient with angina, working under severe stress, be expected to earn up to 60 percent of what he earned before his heart condition, that is, until he drops dead?"

U.S. District Judge Malachy Mannion wrote provided these quotes from a company named Syncrony that conducted functional tests for MetLife in the claim of JAMES KNOBLAUCH:

Unstable BP first day, said she had to call MD his pressure was so high. On the second day his heart rate was unstable and he was having abdominal pain, so limitations were more medical [than] strength factors...” (Doc. No. 20, p. 42)

As you’ll see in the full Judges quotes Judge Mannion wrote that MetLife and Syncrony withheld this evidence when they denied Mr. Knoblauch’s claim !!

Here are three important quotes from Judge Terrence McVerry in  SCHWARZWAELDER verses Metlife :
“Her treating/evaluating physicians assessed the stressful nature of that position, deemed it causal to her mental health symptoms and diagnoses, and concluded that (a) Plaintiff was unable to continue to perform under the conditions of that occupation and (b) to attempt to do so would risk serious further consequences to her health.
 “The Court is also highly concerned by the Administrator's rejection of evidence (a) MetLife had no basis for rejecting those observing-physicians' conclusions”
(end of quotes)
President Obama’s DOL Directors have seen more quotes from numerous Judges that proves MetLife endangers lives including the quotes seen in Exhibit A that was filed with this court on May 13, 2011, and they can also be seen at :
Obama’s DOL and DOJ will not lift one finger to stop them even though the DOL Directors wrote letters to me from Washington saying that stopping violations is their top priority!!!!


President Obama,

You received hundreds of thousands of dollars from MetLife and their EVP James Lipscomb, and the law firm Debevoise & Plimpton LLP and their attorney Bruce Yannett;

Yannett and Lipscomb then signed MetLife’s third Non Prosecution Agreement they received for committing multiple frauds in bid rigging to increase sales of health related policies;

No one was prosecuted, your DOL and DOJ Pocketed 13.5 Million from MetLife, and they got MetLife to repay the big businesses they ripped off in the bid rigging;

Your DOL Directors are aware patients can die while they wait for their case to get to trial. They wrote telling me it is their top priority to stop violations, BUT nine months after viewing the Judges quotes your DOL/DOJ refused to take action and help very sick and dying patients who filed claims on the policies that MetLife committed multiple frauds to sell !!!!!!

It took me four years to get the DOL and DOJ to even acknowledge the overwhelming evidence!!

President Obama, you pray and quote the Bible on TV, and preach Eulogy sermons where you said we should  :

“expand our moral imaginations"
 “sharpen our instincts for empathy”

Your actions are exactly the opposite of the love of Jesus !! Your Directors are enabling the destruction of thousands of very sick and injured Americans, and I’m sure you know it because I have been assertive with my presentation of evidence recently since my polite requests have been ignored for years !!

The Insurance Companies Destruction of Lives and Laws is So Severe Four Professor’s Wrote These Quotes :

Joseph Belth, Professor Emeritus for Insurance at Indiana University wrote :
"They've turned Erisa on its head,"  "It was supposed to protect employees, and it's being used to protect insurers."
"The most important federal insurance regulation of the past generation is ERISA," says Tom Baker, deputy dean of the University of Pennsylvania Law School in Philadelphia. "If ever a law backfired for the public, ERISA is the perfect example."
John Marshall Law School Professor Mark Debofsky wrote:
“empirical evidence is now available that shows insurers operating under ERISA have systematically engaged in the wrongful denial of claims. Cases of abusive benefit denials involving other disability insurers abound. Unum turns out to have been a clumsy villain, but in the hands of subtler operators such misbehavior is much harder to detect.”
(ERISA is the U.S. Title 29 Employee Retirement Income Security Act that regulates health benefits for 150 million Americans who work for privately owned businesses and corporations)

Here are quotes from Aaron Doyle, a professor of sociology and criminology at Carleton University :

 “What those numbers don’t measure is the trauma survivors face when wrongfully denied. Most survivors don’t have the stamina and knowledge to file a lawsuit”

President Obama,
Your DOL and DOJ directors are very aware that MetLife caused me extreme trauma that continues today because they ignored my LTD claim for right eye cancer and left eye orbital surgery for six years. MetLife did this while knowing I often had no money for medical treatment. My life and my mind have been destroyed !!

My medical doctor referred me to a Psychologist who wrote an urgent letter that was addressed to your Asst. Secretary of Labor Ms. Borzi,

My psychologist wrote :

“It is my impression that three medical doctors paid by Metlife appeared to have ignored medical evidence. In fact, from the time he filed the claims in 2002 until the Court ordered a review in 2008, Metlife ignored both his claims for long-term disability based on vision impairments and on psychological impairments. In treatment, I have observed that the impact of such actions by Metlife has resulted in exacerbation of Mr. Schmititou’s psychological symptoms and periods of significant destabilization.”

“I have conceptualized the severe and cumulative stress as traumatizing”
“Mr. Schmittou is in desperate situation”

 “His intense emotional misery is a daily struggle. His concentration and sleep are impaired. His thoughts and emotions are so troubled he describes feeling “like my brain is on fire. I think he struggles to express the fullness of his distress.”

"In light of the violations Metlife has committed against Mr. Schmittou and Metlife's awareness of the additional harm caused him, Metlife's actions seem irresponsible, inhumane, dangerous, and reckless."

(end of quotes)


YOUR CONTRIBUTORS ARE RIGGING BIDS AND LAUNDERING MONEY TOO !!

(4)                      During the time of the injured workers suicides your campaign contributors at AIG rigged huge bids to increase sales of Workers Comp policies. AIG paid $1.6 billion in fines but no one was prosecuted ! Evidence seen later proves AIG continues to endanger lives of patients who file claims on insurance policies !

(5)                      MetLife, Prudential, and Unum insurance also rigged bids to increase sales of Health Care and Disability policies. No one was prosecuted. They love to sell these policies because they know your DOL and DOJ will let them repeatedly violate laws and endanger and kill claimants like MetLife has done repeatedly !!

(6)                      JP Morgan Chase, AIG, Prudential and Unum have all received multiple Non Prosecution agreements for committing identical and similar crimes of bid rigging and/or securities or Health Care fraud!!

** Two of your major MetLife contributors actually signed MetLife’s third Non Prosecution Agreement for committing multiple bid rigging frauds, but MetLife continues to endanger the lives of patients who file claims on the policies that MetLife commits frauds to sell !!

** Due to the overwhelming amount of evidence I will file two additional motions regarding “Contributors are Removing Files and Ignoring Medical Evidence Including Multiple Sclerosis, Brain Lesions and Cardiac Conditions in Three Separate Types of Insurance, and They Are Fabricating Pre- Existing Conditions in Two More Types of Insurance”

Section 1

Index


Part OneWachovia Bank Laundered $$378.4 Billion dollars they received from Mass Murdering Mexican Drug Cartels !! No One is Prosecuted By the Obama Administration !! Wachovia Managers Give Obama and Others Huge Contributions !!

Requests for special prosecutor !

Part Two - AIG, MetLife, Prudential, and Unum Insurance have all rigged huge bids to increase sales of Workers Comp and Health Policies; JP Morgan rigged municipal bids in 31 states.
Requests for special prosecutor!

Part Three - 

(1) Multiple businesses bundled loans that were certain to fail
(2) Then resold the bundled loans as being top rated A+ loans
(3) At the same time they placed financial bets that these bundles would fail.
(4) They reaped huge profits from everything just mentioned!!
(5) This played a huge part in the U.S. and global financial collapse, and hundreds of millions of lives are being destroyed because of this.

No one was prosecuted !!

Requests for special prosecutor !

Part OneWachovia Bank Laundered $$378.4 Billion dollars they received from Mexican Drug Cartels. No one is Prosecuted By Obama’s and his DOJ !!

As you see new evidence below please remember these five paragraphs of quotes from Bloomberg that you saw earlier regarding the failure to prosecute and the connection to 22,000 murders :

“It’s the banks laundering money for the cartels that finances the tragedy,” says Martin Woods, director of Wachovia’s anti-money-laundering unit in London from 2006 to 2009. Woods says he quit the bank in disgust after executives ignored his documentation that drug dealers were funneling money through Wachovia’s branch network.

“If you don’t see the correlation between the money laundering by banks and the 22,000 people killed in Mexico, you’re missing the point,” Woods says.

“I am sure Wachovia knew what was going on,” says Jose Marmolejo, who oversaw the criminal investigation into Wachovia’s customers in Mexico. “It went on too long and they made too much money not to have known.”

Marmolejo, who prosecuted those running one of the casas de cambio at the Mexican end, said: "Wachovia handled all the transfers. They never reported any as suspicious."

“All those people dealing with all that money from drug-trafficking and murder, and no one goes to jail" !!

“banks aren’t the only financial institutions that have turned a blind eye to drug cartels in moving illicit funds. Western Union Co., the world’s largest money transfer firm, agreed to pay $94 million in February 2010 to settle civil and criminal investigations by the Arizona attorney general’s office.”
** Please go to the following link to see much more evidence that proves the U.S. Government will not prosecute large businesses even when they enable mass murder !!

http://www.bloomberg.com/news/2010-06-29/banks-financing-mexico-s-drug-cartels-admitted-in-wells-fargo-s-u-s-deal.html

Here are quotes from the UK’s Observer :

More shocking, and more important, the bank was sanctioned for failing to apply the proper anti-laundering strictures to the transfer of $378.4bn – a sum equivalent to one-third of Mexico's gross national product – into dollar accounts from so-called casas de cambio (CDCs) in Mexico, currency exchange houses with which the bank did business.

"Wachovia's blatant disregard for our banking laws gave international cocaine cartels a virtual carte blanche to finance their operations," said Jeffrey Sloman, the federal prosecutor.

Yet the total fine was less than 2% of the bank's $12.3bn profit for 2009. On 24 March 2010, Wells Fargo stock traded at $30.86 – up 1% on the week of the court settlement.

The conclusion to the case was only the tip of an iceberg, demonstrating the role of the "legal" banking sector in swilling hundreds of billions of dollars – the blood money from the murderous drug trade in Mexico and other places in the world – around their global operations, now bailed out by the taxpayer.

At the height of the 2008 banking crisis, Antonio Maria Costa, then head of the United Nations office on drugs and crime, said he had evidence to suggest the proceeds from drugs and crime were "the only liquid investment capital" available to banks on the brink of collapse. "Inter-bank loans were funded by money that originated from the drugs trade," he said. "There were signs that some banks were rescued that way."
Wachovia was acquired by Wells Fargo during the 2008 crash, just as Wells Fargo became a beneficiary of $25bn in taxpayers' money. Wachovia's prosecutors were clear, however, that there was no suggestion Wells Fargo had behaved improperly; it had co-operated fully with the investigation. Mexico is the US's third largest international trading partner and Wachovia was understandably interested in this volume of legitimate trade.

José Luis Marmolejo, who prosecuted those running one of the casas de cambio at the Mexican end, said: "Wachovia handled all the transfers. They never reported any as suspicious."

As early as 2004," the court settlement would read, "Wachovia understood the risk that was associated with doing business with the Mexican CDCs. Wachovia was aware of the general industry warnings. As early as July 2005, Wachovia was aware that other large US banks were exiting the CDC business based on [anti-money laundering] concerns … despite these warnings, Wachovia remained in business."

But the settlement leaves a sour taste in many mouths – and certainly in Woods's. The deferred prosecution is part of this "cop-out all round", he says. "The regulatory authorities do not have to spend any more time on it, and they don't have to push it as far as a criminal trial. They just issue criminal proceedings, and settle. The law enforcement people do what they are supposed to do, but what's the point? All those people dealing with all that money from drug-trafficking and murder, and no one goes to jail?"

These are the proceeds of murder and misery in Mexico, and of drugs sold around the world," he says. "All the law enforcement people wanted to see this come to trial. But no one goes to jail. "What does the settlement do to fight the cartels? Nothing – it doesn't make the job of law enforcement easier and it encourages the cartels and anyone who wants to make money by laundering their blood dollars.
One of the foremost figures in the training of anti-money laundering officers is Robert Mazur, lead infiltrator for US law enforcement of the Colombian Medellín cartel during the epic prosecution and collapse of the BCCI banking business in 1991 (his story was made famous by his memoir, The Infiltrator, which became a movie).

Mazur, whose firm Chase and Associates works closely with law enforcement agencies and trains officers for bank anti-money laundering, cast a keen eye over the case against Wachovia, and he says now that "the only thing that will make the banks properly vigilant to what is happening is when they hear the rattle of handcuffs in the boardroom".

(end of quotes from the UK’s Observer seen at www.guardian.co.uk/world/2011/apr/03/us-bank-mexico-drug-gangs

Here’s a link to the U.S. Codes referred to in the agreement. They indicate money laundering is “knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” :



Wachovia Political Contributions are seen in Exhibit B


Federal Court Ruling Regarding Special Prosecutor

“The Federal courts will not interfere with the Attorney General’s prosecutorial discretion unless it is abused to such an extent as to be arbitrary and capricious and violative of due process (see Vaughn v. City of North Branch, et al., 2003 U.S. Dist. LEXIS 16339 (Dist. Minn., Sep. 15, 2003)2”


I assert the U.S. government’s decision to not prosecute anyone at Wachovia for laundering $378.4  billion , dollars in drug money connected to murderous cartels is insane, psychopathic, treasonous, an insurrection against the laws of the United States and selective prosecution that favors large businesses who make huge campaign contributions while repeatedly violating laws over long periods of time. It is arbitrary and capricious, a violation of due process, and a complete and intentional destruction of due process and justice.

I pray this Court will appoint a Special Prosecutor to investigate the DOJ’s failure to seek prosecution regarding this overwhelming evidence of dangerous and deadly criminal activity.

The DOJ’s failure to seek prosecution of other powerful businesses that made contributions to President Obama that are evidenced in my filings today provide additional reasons that proves the need for a special prosecutor to be appointed !

With or without the contributions it’s obvious Obama’s DOJ and DOL are engaged in deadly negligence, obstruction of justice and treason !!




Part Two - AIG, MetLife, Prudential, and Unum Insurance Have All Rigged Huge Bids To Increase Sales of Workers Comp and Health Policies; JP Morgan Rigged Municipal Bids in 31 States !! No One Was Prosecuted !!!!


Evidence

In 2006 the Securities Exchange Commission wrote :

"AIG will pay in excess of $1.6 billion to resolve claims related to improper accounting, bid rigging and practices involving workers’ compensation funds.”

(end of quote)

No one was charged with a crime for this huge bid rigging of Workers Comp insurance policies !!

Two years later AIG received $182 Billion of taxpayer money to bail them out !!

While huge bids were being rigged injured workers lives are being destroyed by insurance companies ignoring medical records.

WFAA-TV wrote :

“a remarkable number of Texans committed suicide because they could no longer endure the pain caused by their injuries and they had been repeatedly turned down for worker's comp care.”

In Exhibit A of this motion you can see how A.I.G. endangered an injured War Zone Contractor during this exact same time !


AIG received a Second Non Prosecution agreement for Aiding & Abetting Securities Fraud !!

Here’s are quotes from KsLaw.com :

“Transaction with PNC takes losing assets off of PNC’s balance
sheet without transferring risk, allowing PNC to avoid charges
to its reported earnings”

“In a non-prosecution agreement with DOJ and a settlement with
SEC, AIG pays $126 million”

• “Fine: $80 million”

• “Disgorgement/interest: $46 million”


Another AIG Non Prosecution agreement is seen later !!!!!!!!!!

JP Morgan also received a non prosecution agreement for bid rigging in 32 States on July 6, 2011.

Here’s a quote from the U.S. Department of Justice :

“From 2001 to 2006, certain then-employees of JPM at its municipal derivatives desk (which was closed by the Company in 2008) and/or predecessor desks entered into unlawful agreements to manipulate the bidding process and rig bids on certain relevant municipal contracts, and made payments and engaged in other activities in connection with those agreements, in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and certain sections of Title 18 of the United States Code”

The full agreement can be seen at :


AND JP Morgan received another agreement from the SEC. Here are quotes from ProPublica :

“The $154 million settlement the Securities and Exchange Commission wrested from JPMorgan Chase involved only one of more than two dozen mortgage securities deals that the hedge fund Magnetar helped create. As we detailed last year [1], many banks in the waning days of the boom created collateralized debt obligations, or CDOs, with the help of Magnetar, which also bet against many of the same investments.”


 I believe it’s important to note that almost $3 million dollars was given to President Obama and other political candidates by managers and employees of JP Morgan and JP Morgan Chase in 2008.

(Contribution evidence seen in Exhibit D)

I realize the individual employees who made the contributions were not connected to the bid rigging.

But their contributions are listed by their employer, and I believe that causes many politicians and government officials to give unfair considerations and Non Prosecution to a business that rigged municipal bids in 31 states !!!!

Additionally, I am not skilled in searching campaign contributions and lobbying expenditures. I feel certain the U.S. Government is unjustly allowing corporations to commit crimes repeatedly and the corporate leaders know they will never be prosecuted and if they are actually caught the fines will equal a small percentage of their profits from the crime !!

It is very obvious that there is a sophisticated mafia like pattern of crimes that are being committed repeatedly by multiple corporations in the U.S. and the Government will not prosecute them !!!!






 Prudential $600 Million in Securities Fraud Fines

As seen in the chart on page two of the following website :

Prudential’s Settlement Total on (8/06) was $600 million

Criminal Fine portion $325 million For Securities Fraud



More AIG and Prudential Fraud Agreements

** Please remember the two AIG agreements you saw earlier, one for $1.6 billion in Workers Comp Bid Rigging and one for $126 million for aiding & abetting Securities Fraud

Here are quotes from an article seen at Risk.Net :

“The US Securities and Exchange Commission (SEC) has reached a $12.2 million settlement with reinsurance firm General Re over charges of involvement with accounting frauds at insurers American International Group (AIG) and Prudential Financial.
   
Separately, the Department of Justice has announced that Gen Re has agreed to pay a $19.5 million settlement to the US Postal Inspection Service Consumer Fraud Fund as part of a non-prosecution agreement in connection with a related criminal investigation into Gen Re’s transactions with AIG.

Further to both these agreements, Gen Re has agreed a class action settlement for $60.5 million with affected AIG shareholders. In addition, the SEC says it has already surrendered approximately $5 million to the government from fees it earned for its participation in the fraudulent scheme with AIG.

The SEC accused Gen Re of involvement in separate schemes by bailed-out insurance giant AIG and New Jersey-based insurer Prudential, saying it helped them to “manipulate and falsify their reported financial results”.

“Gen Re arranged to sell financial products to AIG and Prudential for the sole purpose of enabling those companies to manipulate their accounting results and to mislead investors,” said Andrew Calamari, associate director of the SEC’s New York regional office.

Gen Re is a subsidiary of billionaire Warren Buffet’s Berkshire Hathaway conglomerate. The SEC has previously charged AIG with securities fraud and improper accounting, which AIG settled in February 2006 by paying more than $800 million.

The SEC complaint against Gen Re, filed in the US District Court for the Southern District of New York, claims senior managers at Gen Re helped AIG structure two fake reinsurance transactions between AIG and a Gen Re subsidiary in 2000, and allowed AIG to improperly reverse its declining reserve trend and falsely report additions to both loss reserves and premiums written.

Separate transactions between Gen Re and Prudential Financial allowed Prudential to improperly recognise more than $200 million in revenues between 2000 and 2002. The SEC says Gen Re entered into a series of sham reinsurance contracts with Prudential’s property and casualty division between 1997 and 2002.

“The contracts had no economic substance and purpose other than to allow Prudential to build up and then draw down on an off-balance sheet asset or 'finite bank' parked with Gen Re,” says the SEC.”

(end of quotes)



Here’s a link the list of 32 Non Prosecution agreements in 2010. If you scroll down to page three and look in the second column you’ll see how many of the crimes are health care or financial fraud and kickbacks !!


I can provide the Court with similar lists for 2006, 2007, 2008 and 2009. The lists prove many corporations are very aware that they can violate bid rigging and fraud laws including health care laws, and if they are caught they pay fines that are a percentage of the profits they make from the felony crimes, and they are certain they will face no prosecution !!!!! 


Here’s Prudential again !!


** As we continue please remember AIG rigged bids to increase sales of Workers Comp policies.

Prudential Insurance, Unum Insurance, and MetLife also committed similar bid rigging violations regarding health care plans and have received multiple Non Prosecution agreements from multiple government agencies !!!!!

Please view this motion before linking the District Attorney press release about these three companies seen at :


Obama Received Huge Contributions From MetLife and Two Men Who Actually Signed the Agreement Where No One Was Prosecuted !!

** Links seen in Exhibit C prove that in 2008 Obama took $30,000 from MetLife VP James Lipscomb, and $2,600 from attorney Bruce Yannett.  Both of these contributions were for Obama’s victory party.

Then Lipscomb and Yannett signed the agreement where multiple frauds were admitted but no one was prosecuted.

The links also show Obama took hundreds of thousands of dollars from MetLife and the law firm named Debevoise & Plimpton LLP that employs Mr. Yannett !!


Contribution Evidence Introduction and Summary

This was MetLife’s third Non Prosecution agreement for illegal kick backs in the sales of policies.

The next paragraph proves when very sick patients file claims on these policies Obama’s DOL/DOJ will do nothing about MetLife endangering their lives!!

In a claims decision U.S. District Judge Richard Enslen wrote :
“MetLife and its henchmen should appreciate that such conduct may itself precipitate the suicide death of a person who has placed implicit trust in their organization to foster mental health.

Multiple Judges and Doctors have written that MetLife endangers Psychological patients. MetLife also pays doctors who ignore brain lesions, Multiple Sclerosis, cardiac conditions of many patients and a foot a new mother broke in 5 places as evidenced in quotes from numerous U.S. Judges and Doctors that were filed as Exhibit A on 5/13/11 and are also seen at :


I have shown evidence that proves patients are at risk of dying while they wait years for their claim to get to Court and be resolved, but Obama’s DOL will not lift one finger to stop MetLife !!

On January 26, 2011 Obama’s DOL Director of Participant Response Ms. Sharon Watson sent a letter to me from Washington saying :

“As we previously indicated, we take the allegations you have made that MetLife has engaged in a pattern of fraudulent activities regarding your claim and other participants’ claims very seriously and have taken the information under advisement.”

Ms. Watson closed by saying :

“At this time, there is nothing more EBSA can do for you regarding your claim.”

It took me four years to get the DOL to even acknowledge and respond to the evidence I submitted.

They responded when I placed a video on YouTube where the DOL agent repeatedly said “We can’t go against MetLife”.

Here is the DOL EBSA Statement of Purpose seen on their website:

 “Under ERISA, the Secretary of Labor is responsible for protecting the rights and financial security of more that 150 million employee benefit plan participants and beneficiaries and for assuring the integrity and effective management of the private pension and welfare benefit system.”

Federal Court Ruling Regarding Special Prosecutor

“The Federal courts will not interfere with the Attorney General’s prosecutorial discretion unless it is abused to such an extent as to be arbitrary and capricious and violative of due process (see Vaughn v. City of North Branch, et al., 2003 U.S. Dist. LEXIS 16339 (Dist. Minn., Sep. 15, 2003)2”

I assert the U.S. government’s decision to not prosecute any of these businesses that have committed multiple crimes repeatedly is treasonous, an insurrection against the laws of the United States and selective prosecution that favors large businesses who make huge campaign contributions while repeatedly violating laws over long periods of time. It is arbitrary and capricious, a violation of due process, and a complete and intentional destruction of due process and justice.

I pray this Court will appoint a Special Prosecutor to investigate the DOL and DOJ’s failure to seek prosecution regarding this overwhelming evidence of dangerous and deadly criminal activity and the governments repeated failure to prosecute !!

The DOJ’s failure to seek prosecution of other powerful businesses that made contributions to President Obama that are evidenced in my combined filings today and since 5/13/11 provide additional reasons that proves the need for a special prosecutor to be appointed !

MetLife Contribution Evidence and Links Are Seen in Exhibit C



Part Three


 In addition to the 32 Non Prosecution Agreements, numerous reports seen on Propublica.org, PBS’s Bill Moyers Show, PBS’s Now, and a report written by Joe Nocera, indicate the following :

(1)                      Multiple businesses bundled loans that were certain to fail

(2)                      Then resold the bundled loans as being top rated A+ loans

(3)                      At the same time they placed financial bets that these bundles would fail.

(4)                      They reaped huge profits from everything just mentioned!!

(5)                      This played a huge part in the U.S. and global financial collapse, and hundreds of millions of lives are being destroyed because of this.

No one was prosecuted !!


I believe this is a deadly treason and organized crimes being committed within the United States by multiple major corporations !!

There are many corporations committing multiple types of crimes using identical or very similar tactics.

Many of the crimes are very complex, including the ones that MetLife and Unum and Prudential are committing in U.S. Title 29 ERISA insurance policies.

Some of these corporations are operating like sophisticated mafias that violate laws whenever they please, because they are confident they will not be prosecuted. If they are caught they pay millions of dollars in fines but this is a small percentage of the profit they reaped from committing the crimes !!

I also believe it provides aid to terrorist organizations and other enemies of the U.S. by weakening our citizens and also providing a possible recruiting tool where enemies of the U.S. can show their recruits how the U.S. Government destroys its own citizens lives by allowing wealthy corporations to violate laws any time they please !!

It also makes me very concerned about possible horrendous acts the U.S. Government is allowing American corporations to commit in War Zones and in other nations around the world !!

The private attorney firm known as Adams and Reese is likely to respond on Metlife’s behalf.  I pray the court and anyone who see how many laws are being violated simultaneously by MetLife and multiple insurance companies who are endangering the lives of very sick and dying patients in five different types of insurance.

These include U.S. Title 29 1104 which mandates :

“ a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries”

“with care, skill, prudence, and diligence”

U.S. Title 29 also mandates :

“The claims procedures contain administrative processes and safeguards designed to ensure and to verify that benefit claim determinations are made in accordance with governing plan documents and that, where appropriate, the plan provisions have been applied consistently with respect to similarly situated claimants.” (Title 29 CFR 2560.503-1 – section  (b)(5)”

BUT the U.S. government under the Bush and Obama Administration’s have allowed doctors paid by MetLife to ignore brain lesions, multiple sclerosis, a foot a new mother broke in five places, cardiac conditions of many patients and so much more.

In exchange for agreeing to the laws seen above the insurance companies make trillions of dollars providing health benefits and the insurance companies cannot be sued for punitive damages !

You can see four more laws that are being violated simultaneously and repeatedly at :


You can also see how the attorneys at Adams and Reese have made false statements to this court, and other attorneys paid by MetLife have created “smoke screens and obfuscations” and “played with the facts” as seen in the Judges quotes at : www.lawyerslyingincourt.blogspot.com

Here again is the link to the list of 32 Non Prosecution agreements in 2010. If you scroll down to page three and look in the second column you’ll see how many of the crimes are health care or financial fraud and kickbacks !!



These corporations, including MetLife, that commit identical health care or financial fraud and kickback crimes are enemies of the United States because they have reaped huge profits with crimes and deceptions that have destroyed our economy, left many citizens unemployed and losing their homes, and they endanger national security and personal security by destroying sick patients rights to fair and legal claims determinations!!

I believe when multiple corporations are engaged in similar and identical complex crimes this is treason and insurrection, and they should not be rewarded with Non Prosecution agreements !! 

The government leaders who allow this should be thoroughly investigated by special prosecutors who have not been influenced by the corporate criminals that have destroyed our nation’s finances and National Security !! 

Court Ruling Regarding Special Prosecutor

The Federal courts will not interfere with the Attorney General’s prosecutorial discretion unless it is abused to such an extent as to be arbitrary and capricious and violative of due process (see Vaughn v. City of North Branch, et al., 2003 U.S. Dist. LEXIS 16339 (Dist. Minn., Sep. 15, 2003)2


The U.S. government allowing multiple corporations to commit bid rigging, Health Care fraud and securities fraud and then continue to violate more laws is selective prosecution that favors large businesses who make huge campaign contributions while repeatedly violating laws over long periods of time ; it is arbitrary and capricious, a violation of due process and it is very dangerous and damaging for the current leaders of the U.S. government to be allowed to be the decision makers regarding our finances.

I also pray this Court will appoint a Special Prosecutor to investigate the overwhelming evidence of criminal activity that I am filing today and have filed in this case since May 13th, and investigate the extraordinary pattern of financial crimes that is occurring in the United States today !!

I sincerely wonder if we are dealing with the wickedness in high places that is mentioned in Ephesians 6:12 because multiple corporations are engaged in repeated money laundering and bid rigging and then they get trillion dollar bailouts, and insurance company fiduciaries who are required to act with care skill diligence and prudence have medical doctors who are ignoring brain lesions, multiple sclerosis, a foot a new mother broke in five places, and so much more, while the U.S. Dept of Justice and Department of Labor refuse to do anything to stop them, and Presidents Obama and Bush pray in public and profess great allegiance to God !!

God please help us all endure the sufferings that our government is enabling by allowing these criminal corporations to violate laws whenever they please. 







Exhibit A

AIG investigator endangered the lives of a disabled War Zone Contractor and his family !!

** The contractor Marc Munro contacted me after I saw his video posted on the following injured war zone contractors website at www.defensebaseactcomp.wordpress.com

I sent Marc a friend request and helped him decide to contact ProPublica with his story :


Marc and I both have Post traumatic Stress Disorder and we talked several times, and he told me the A.I.G. investigator called him at 5 a.m. and asked him to confirm his name.

The investigator hung up the phone without identifying himself, and this was very disturbing to Marc !!!

The investigator then openly followed Marc and almost caused a wreck by driving on the wrong side of the road.

The A.I.G. investigator did this while knowing that Marc has PTSD from being in a car bomb blast in Iraq that killed 18. Marc’s ear drums burst but he still pulled someone from the flaming wreckage, but this is how A.I.G. treats war heros !!

To my knowledge the DOL and DOJ have done nothing about this even though it happened over two years ago !!

This is very disturbing because the DOL is also ignoring the crimes against severely disabled Americans as seen at :
www.treasonevidence.blogspot.com

Here’s a link to the picture of the fake DOL ID that is used by the AIG investigator from Malta named Cabot Goslin !!




Exhibit B

Wachovia Contributions

(I hope that before reading the contributions everyone will read the evidence in the other motions regarding multiple insurance companies stripping medical records and ignoring life threatening medical conditions and/or fabricating conditions in five different types of insurance.  Tremendous injustices and endangerments of many lives are being enabled by top leaders of the U.S. government)


Here’s $1,268,970 in contributions by Wachovia and its employees gave Obama before Wachovia signed the Non prosecution agreement for $378.4 Billion in money laundering :

These contributions were to various candidates including Obama:


Wachovia is now a subsidiary of Wells Fargo. The agreement said Wachovia’s violations happened before Wells Fargo acquired them. The agreement shows the DOJ was aware of the acquisition and I believe that makes these contributions important. Here’s $886,400 Wells Fargo and its employees gave to various candidates including Obama



Here’s another $99,035 from Wachovia :


Here’s the link to the Wachovia Non Prosecution agreement :


I realize that the employees who made the contributions were not directly connected to the money laundering, and they did not intend for their contributions to buy influence. But their contributions are listed by their employer, and I believe that causes many politicians to give unfair considerations to the business.

Exhibit C

MetLife Contributors Sign Non Prosecution Agreement


Metlife Executive Vice President James Lipscomb gave President Obama $30,000 for his victory party.

Please scroll down 1/3 page and look on the left side for the $30,000 contribution :



Non Prosecution Agreement signed by same MetLife VP !!


On Page five of MetLife’s third Non Prosecution agreement you will see the signature of Mr. James Lipscomb :

A group of MetLife executives and attorneys gave President Obama $78,980 for his 2008 Presidential campaign :


 Here’s a group of Metlife employees who gave $953 thousand dollars that went to almost every candidate for Congress and Senate :



A Metlife group also gave Hillary Clinton $57,830 in 2008 :

Plus MetLife spent $41 Million dollars lobbying over the last ten years !!

Link To Lobbying totals :
http://www.opensecrets.org/lobby/clientsum.php?lname=MetLife%20Inc
President Obama received $198 MILLION dollars for the victory fund. He spent $196 MILLION.

Here’s the list of the top 100 contributors including $33,100 from a Goldman Sach’s executive :



Metlife also has a Political Action Committee that makes contributions. Because of my vision and falls/accidents it will be awhile before I research that.

Attorney Bruce Yannett of Debevoise & Plimpton LLP/Attorney also signed metLife’s Third Non Prosecution agreement. His name and  Debevoise & Plimpton LLP were listed as being counsel for MetLife.

Here is a link to 19 pages that prove hundreds of thousands of dollars that Debevoise & Plimpton gave to Obama in 2008


Here is a link to $2,500 Bruce Yannett gave Obama in 2008



Exhibit D

JP Morgan Contributions


Here are links to $1,862,725 :


Here’s a link to $982,561




Respectfully Submitted,
_____________________
Barry Schmittou

(Address removed from this copy posted on the internet)


Plaintiff

Certificate of Service

I hereby certify that a true and correct copy of the foregoing has been served upon president Obama at the White House via registered mail, U.S. Atty. Jerry Martin, and Joel T. Galanter and James E. Gaylord of Adams and Reese who serve as the attorney’s for the Defendant’s, at 424 Church Street, Suite 2800, Nashville, TN 37219 via prepaid U.S. First Class mail this 13th day of September, 2011



Barry Schmittou

(Address removed from this copy posted on the internet)