Sunday, August 24, 2014

Hey Umpqua Bank, Kevin D. Padrick did not have a Legal RIGHT to be the Plaintiff did he? Did Kevin Padrick have "Undo Influence"? Was Kevin Padrick an insider, under contract with SUMMIT and therefore got information on UMPQUA in that role. Then Sues YOU? Oh and Judge Michael Simon was a Perkins Coie Lawyer then RIght? UMPQUA Shareholders WAKE UP AND Sue Judge Michael Simon, Perkins Coie, and Kevin D. Padrick.

Is it Securities Fraud For Kevin Padrick have SUED Umpqua when he did not have the LEGAL RIGHT to be the TRUSTEE?


"ITEM 1B.    UNRESOLVED STAFF COMMENTS.

None.
ITEM 2.    PROPERTIES.

The executive offices of Umpqua are located at One SW Columbia Street in Portland, Oregon in office space that is leased. The main office of Umpqua Investments is located at 200 SW Market Street in Portland, Oregon in office space that is leased. The Bank owns its main office located in Roseburg, Oregon. At December 31, 2009, the Bank conducted Community Banking activities or operated Commercial Banking Centers at 155 locations, in Northern California, Oregon and Washington along the I-5 corridor; in the San Francisco Bay area, Inland Foothills, Napa and Coastal regions in California; in Bend and along the Coast of Oregon; in greater Seattle and Bellevue, Washington, of which 53 are owned and 102 are leased under various agreements. As of December 31, 2009, the Bank also operated 12 facilities for the purpose of administrative and other functions, such as back-office support, of which three are owned and 9 are leased. All facilities are in a good state of repair and appropriately designed for use as banking or administrative office facilities. As of December 31, 2009, Umpqua Investments leased five stand-alone offices from unrelated third parties and also leased space in 9 Bank stores under lease agreements that are based on market rates.

Additional information with respect to owned premises and lease commitments is included in Notes 6 and 18, respectively, of the Notes to Consolidated Financial Statements in Item 8 below.

ITEM 3. LEGAL PROCEEDINGS.

On June 19, 2009, in the Circuit Court of the State of Oregon for Multnomah County, Kevin D. Padrick, Trustee of the Summit Accommodators Liquidating Trust, as plaintiff, filed a complaint seeking damages of at least $30 million from Umpqua Bank. Plaintiff alleges that the Bank’s provision of banking services to Summit Accommodators, Inc. (“Summit”), a 1031 exchange accommodator, aided and abetted the principals of Summit to breach their fiduciary duty to Summit. Based on the allegations in the complaint and our understanding of the relevant facts and circumstances, we believe that the claim is without merit and the Company is vigorously defending the claim.

On September 10, 2009, Danae Miller and fifty-seven additional plaintiffs, who are creditors in the Summit bankruptcy, filed a complaint in Multnomah County Circuit Court seeking damages of at least $30 million from Umpqua Bank.

Plaintiffs make allegations that are similar to the allegations made by Padrick, i.e. that the Bank’s provision of banking services to Summit aided and abetted Summit’s breach of fiduciary duty to plaintiffs. Like the Padrick case, we believe that this claim is without merit and the Company is vigorously defending the claim.

No loss accrual has been made for either of these claims in the accompanying audited consolidated financial statements.

In addition, due to the nature of our business, we are involved in legal proceedings that arise in the ordinary course of our business. While the outcome of these matters is currently not determinable, we do not expect that the ultimate costs to resolve these matters will have a material adverse effect on our consolidated financial position, results of operations, or cash flows.

See Part II, Item 7, Non-Interest Expense for a discussion of the Company’s involvement in litigation pertaining to Visa, Inc.

ITEM 4.    SUBMISSION OF MATTERS TO A VOTE OF SECURITIES HOLDERS.
No matters were submitted to the shareholders of the Company, through the solicitation of proxies or otherwise, during the fourth quarter of the year ended December 31, 2009."

Source
https://web.archive.org/web/20100529164034/http://www.faqs.org/sec-filings/100219/UMPQUA-HOLDINGS-CORP_10-K/#tx94152_6#ixzz0gbbbbEOP

More at
http://obsidianfinancesucks.blogspot.com/

Sunday, August 3, 2014

Ancer Haggerty WAS Crystal Cox's Judge. JUDGE MARCO HERNANDEZ took over the Cox case to Protect Organized Crime in Portland Oregon. JUDGE Hernandez Denied Cox SLAPP Laws and even the First Amendment.

To Protect Portland Oregon's elite law firms, finance companies, judge and politicians, Judge Marco Hernandez RULED outside of law, after her took over for Judge Ancer Haggerty in the Crystal Cox Case. JUDGE MARCO HERNANDEZ is protecting organized crime in Portland Oregon as is Judge Ann Aiken.

JUDGE MARCO HERNANDEZ denied Crystal Cox SLAPP Laws, Shield Laws, Retraction Laws and even the FIRST AMENDMENT and ALL to protect ORGANIZED Crime in Portland Oregon and Lake Oswego Oregon.

Here is the Ancer Haggerty SLAPP Case.

"Friday, December 19, 2008

Cooper, White & Cooper won the dismissal of a defamation suit brought by Portland, Oregon new age guru Eric Pepin when Oregon federal judge Ancer Haggerty granted a SLAPP motion to strike a complaint filed by by Pepin's organization, Higher Balance Institute, against an online forum that had published critical comments.
 
Web site sott.net, operated by American researchers living in France, initially published pointed criticisms of Pepin's spiritual discovery techniques.  After forum participants learned that Pepin had been charged, but acquitted, of having sex with a minor, the site's forum posted opinions that it was beginning to look like Higher Balance Institute was a "front for pedophilia" and that Pepin was a "psychopathic deviant" who was "conning the public" into "falling into confluence with psychopathic reality,"
 
Higher Balance Institute sued for defamation, but Judge Haggerty dismissed the case under Oregon's SLAPP ("Strategic Lawsuit Against Public Participation") statute, which requires plaintiffs complaining of speech on public issues to establish that they have a reasonable probability of success.  The Court ruled that the statements against Pepin and his organization may have been somewhat hyperbolic, but they were opinion and protected as free speech.
 
SLAPP statutes, which exist in several states, are intended to prevent wealthy individuals and organizations from silencing critics through expensive, but meritless lawsuits.  "This is just how the SLAPP law is supposed to operate," said Stephen Kaus of San Francisco's Cooper, White & Cooper LLP, who represented the defendants.  "It prevented this wealthy and relatively powerful man and his company from intimidating our clients from saying what they think."
 
Pepin, a self-proclaimed psychic and meditation guru was charged in 2006 with sexual abuse related to an alleged encounter with an underage male employee of Higher Balance Institute.  After a trial without a jury in 2007, a Washington County judge acquitted Pepin based on reasonable doubt, although the judge said he believed the acts had probably occurred.
 
After newspaper articles about Pepin's arrest and trial were posted and commented on in the sott.net forum, Higher Balance sued the defendants in the suit, Laura Knight-Jadczyk and several research and publishing groups she works with, including Signs of the Times (aka sott.net), and the Quantum futures Group.  Ms. Knight-Jadczyk posted the critical comments that were at the center of the litigation.
 
Before ultimately finding that the statements were Constitutionally protected opinion, and not assertions of fact, Judge Haggerty found that the organizations had immunity under the federal Communications Decency Act, which immunizes "interactive computer service" and "information content" providers from liability for statements made by third-party users.  The judge dismissed plaintiff's assertion that moderators who posted allegedly defamatory statements were agents of the defendants, stating that the "moderators are unpaid volunteers who do not represent the opinions of defendants."
 
For the same reason that the court dismissed plaintiff's defamation claims, it also dismissed Higher Balance's false light, intentional interference with business relationships, and intentional interference with prospective economic advantage claims.
 
The defendants were represented by Cooper attorneys Stephen Kaus, Walter Hansell, Merrit Jones, and Leila Knox.  The case was filed in U.S. District Court in Oregon, Case 3:08-cv-00233."

Source
http://www.cwclaw.com/news/newsDetail.aspx?id=109

Saturday, August 2, 2014

Tonkon Torp Law Firm Conspired with Obsidian Finance Group and Others - Investigative Blogger Crystal L. Cox files Attorney General Complaint.

To download First Edition of Oregon Attorney General Complaint against David Aman, Tonkon Torp, Obsidian Finance Group, Judge Randall Dunn, Perkins Coie, Judge Michael Simon, Department of Justice Trustee Pamela Griffith, Sussman Shank, Leon Simson, and more...

https://docs.google.com/document/d/1sHAC9awmtiQuzbZJPf4wKNvJ1j4RSB-YuOq6ZW2Gdzo/edit?usp=sharing

"Obsidian Finance Group, Kevin Padrick and David Brown as well as Tonkon Torp Law Firm and Tonkon Torp lawyers David Aman and Steven Wilker have bullied me, sued me, harassed me, threatened and intimidated me, conspired with others to incite hate and harass me, criminally slander and defame me in big and small media world wide, flat out lie about me with actual malice, ruin my life and family relationships, ruin my ability to get an income or rent a home, and all to hide their involvement in the high finance crimes and unethical actions behind the scenes of the Summit Bankruptcy."

Download and read More, or just View
https://docs.google.com/document/d/1sHAC9awmtiQuzbZJPf4wKNvJ1j4RSB-YuOq6ZW2Gdzo/edit

Sunday, June 1, 2014

Looks to me like Jackson National is a Little SPOOKED today. Hmmmm internal investion? Naaa just go away ok..

I have to say, as an Investigative Blogger analyzing my web stats for around a decade now, it is odd that on a Sunday Night with no email from me drawing attention to Jackson National, they are on my blogs today. So what are they looking at? Worried about?

See, being a Sunday, and having no direct link emailed to them from me, this means that someone inside of the Bernstein estate scandal contacted someone at Jackson National TODAY on Sunday and told them about my blog posts showing their willy nilly policy actions surrounding fraud and possible murder and them paying off a policy that does not exist, to the tune of nearly 2 million dollars.

Wonder what the ol' board of directors and shareholders will think of all these details?

I would guess, in my opinion that someone at Jackson National ( the elusive mystery INSIDER ) is working with Ted Bernstein and Robert Spallina on a fraudulent death claim and may be liable for something like.. say "wrongful death" or perhaps involved in murder for the policy pay off of a non-policy to a victims son (Ted Bernstein) that claims to have been the trustee who would GET the policy money.... oh that after Robert Spallina first said he was the go to guy .. hmmmm.. well the liability is massive, and ya'll are going to prison as far as I can see all this, but hey that's just my opinion.

But what I do know for sure is that a Sunday, and the way this web stat plays out, someone is worried today about what I posted, and they contacted Jackson National's "bad guy" "insider" and this person checked it all out on company services.... WOW digital footprints, gotta love em..

Note the CNN web stat too, this says to me they were googling something to do with Tescher & Spallina, so my guess is Jackson National and Tescher Law Firm are in cahoots, and magically got both themselves out of the illinois case and they "THINK" out of liability and TRUTH. Thing is murder, fraud on the court, forgery, insurance fraud... well if those are suspected, proven, or put in a police complaint, don't ya think Jackson National should be investigating? NOPE they don't care if ya buy a policy, or just say that you have a policy, then go over dose daddy and claim the MONEY.. oh sorry hope I am not offending anyone's delicate senses.

How about YOU do the Right thing, tell the TRUTH, obey the LAW and stop hurting people.

Also the State Below PROVES again that Jackson National knows all about all this.

Visitor Analysis & System Spec
Referring URL:
Host Name:atds3cnat.jacksonnational.comBrowser:IE 8.0
IP Address:12.34.36.250 — [Label IP Address]Operating System:Win7
Location:Lansing, Michigan, United StatesResolution:1280x720
Returning Visits:0Javascript:Enabled
Visit Length:Multiple visits spread over more than one dayISP:At&t Data Communications Services

Navigation Path

DateTimeWebPage
  
28 May13:41:33
  
28 May13:42:01
28 May13:43:15
  
28 May13:43:19
28 May13:43:35
  
28 May13:59:07
28 May13:59:21
  
(No referring link)
1 Jun13:01:14

Heritage Union Life Insurance Company is well aware of what is going on in the Simon Bernstein Case. So is Heritage Union part of the fraud? If not then why have they, themselves not joined in to SUE Tescher & Spallina and to cry out fraud on the courts, insurance fraud and possible murder?

Letter To Mark Sarlitto ~ Senior Vice President and General Counsel of Heritage Union Life Insurance Company / WiltonRe and Chris Stroup ~ Chairman of the Board of Directors and Chief Executive Officer.

"From: Eliot Ivan Bernstein [mailto:iviewit@gmail.com] 
Sent: Wednesday, May 21, 2014 6:19 AM

To: Mark Sarlitto ~ Senior Vice President and General Counsel @ Heritage Union Life / WiltonRe (msarlitto@wiltonre.com); Chris Stroup ~ Chairman of the Board of Directors and Chief Executive Officer @ Heritage Union Life / WiltonRe (cstroup@wiltonre.com)

Subject: URGENT RE INSURANCE FRAUD - 
Policy Number: 1009208 on the life of SIMON L. BERNSTEIN

Dear Mr. Stroup and Mr. Sarlitto @ Heritage Union Life / Wilton RE,

I am writing regarding the Life Insurance Policy on my father, Simon L. Bernstein (deceased), Policy No. 1009208.  It has come to my attention through a Federal Court case titled “Simon Bernstein Irrevocable Insurance Trust Dtd 612111995, et. al. v. Heritage Union Life Insurance Company, et. al,” Case No.13 cv 3643 in the US District Court Northern District of Illinois that a claim was filed with Heritage by a one Robert Spallina, Esq. of the law firm Tescher & Spallina PA, acting as the Trustee for an alleged lost trust named “The Simon Bernstein 1995 Irrevocable Insurance Trust” claimed to be the Contingent Beneficiary, however no executed copies of the Trust exist as of this date.  

Further, Mr. Spallina represented that he has never seen nor been in possession of the lost trust, yet he filed a claim with Heritage Union acting as the Trustee of that lost trust he never saw or possessed.   

Further, from production documents in the Federal Case it was also learned that Spallina additionally represented himself to the carrier as the Trustee of the alleged Primary Beneficiary of the Policy, a one LaSalle National Trust, N.A., of which he also is not.  

The claim was DENIED due to the inability to show a proper beneficiary and produce a legal valid trust document as beneficiary.  

Legally, a valid executed trust instrument must be present at death for a trust to be paid any benefits and in the case of a lost beneficiary at death Florida law is clear that the benefit should be paid to the Estate of the insured.

Mr. Spallina and his partner Donald Tescher, Esq. have recently resigned as Personal Representatives/Executors, Trustees and Counsel to the Estate and Trusts of Simon Bernstein, after admittedly altering Trust documents in my parents Estates and Trusts to illegally change beneficiaries and whose Notary Public and Legal Assistant, a one Kimberly Moran has been arrested and convicted of Fraud and admitted to six counts of FORGERY of estate documents, including a POST MORTEM FORGERY of my deceased father’s name in efforts to alter the beneficiaries of my deceased mother’s estate.  

They also used my deceased father to act as Personal Representative/Executor after he was deceased and consummated a fraud on the Florida Probate Court under Judge Martin Colin

After the claim was rightfully denied by Heritage, certain of Simon’s children who were wholly disinherited in the Estate plan by both Simon and his deceased spouse Shirley, Theodore Stuart Bernstein and Pamela Simon, filed a Breach of Contract lawsuit against Heritage Union and in this action Theodore suddenly now claimed he was the Trustee of the lost trust and not Spallina.  

Theodore Bernstein it has been learned from a Palm Beach County Sheriff investigation report, attached herein, is alleged to have taken already improper distributions of assets in his alleged fiduciary capacities, AGAINST THE ADVICE OF COUNSEL.  

You will note that in Jackson National’s initial opposition to the lawsuit on behalf of Heritage, Jackson also claimed that Theodore had NO LEGAL STANDING to the file the lawsuit in the first place and was advised by counsel of such, which appears a correct legal analysis.

Due to these alleged FRAUDULENT ACTIVITIES that took place in the filing of the life insurance claim, I have contacted the Jacksonville, IL Police department and spoke with Detective Scott Erthal who opened Case No. 2014000865.  

Detective Erthal then contacted me and told me he had spoken to Carol Ann Kindred at Heritage Union and that they would be conducting the initial FRAUD investigation internally.  

I was surprised when I got the attached letter from C.A. Kindred, which attempts to inform me that Heritage is not investigating the alleged FRAUDULENT claim filed with the company, most surprising is why she did not direct her letter to Detective Erthal and instead contacted me to inform me that Heritage was refusing to conduct an investigation.  

C.A. Kindred also stated that the Federal Court would be handling the Fraud issues and obviously Federal Courts do not conduct criminal investigations or insurance investigations. 

As you may know, life insurance carriers are legally required to attempt to find the true and proper beneficiary of an insurance contract upon death and in this instance no effort has been made to either contact LaSalle National Trust, N.A. to join the Federal lawsuit by the life insurance carrier or any other party and attempts are being made to pay an alleged contingent beneficiary (the lost trust, which is not listed with the carrier as the contingent beneficiary according to their records) without first paying the Primary Beneficiary, a truly bizarre case.

The Life Insurance contract has also not been produced and it appears Heritage and their Successors and their reinsurers have all lost the contract that the Breach of Contract lawsuit was filed on, making an almost surreal lawsuit where neither the alleged Plaintiff, the lost trust is legally nonexistent and the contract the breach is based upon also does not exist.  

In efforts to secure the contract I am asking that you check your files for Heritage and see if you can locate one.  It also has come to my attention that no one has notified the Primary Beneficiary or made any efforts to this date to make contact with them, LaSalle National Trust, N.A., which is now owned by:

Chicago Title Land Trust Company
10 South LaSalle Street, Suite 2750
Chicago, Illinois 60603
Tel:  312.223.2195

As hearings in the Federal Case are proceeding quickly, your prompt attention to these matters is required and please inform me of your work with the Jacksonville PD so that I may know if this matter has to be investigated by Federal Authorities at this time for the initial alleged Fraudulent claim made to Heritage Union that Heritage and its successors refuse to investigate internally.  

I have contacted your offices as it appears that the Heritage Union Life Insurance Company website was taken down and refers now to Wilton RE as the successor.  

Attorney for Jackson National Life in the Federal case, Alexander Marks, Esq. has told the Federal Court Judge, Amy St. Eve, that Heritage et al. while being discharged from the Federal lawsuit would be willing to help the parties in any way and this refusal to investigate is directly opposite this claim and if further problems stand in the way I will be forced to seek leave to have all parties reinstated in the Federal action instantly, including now Wilton RE.    

Finally, from reviewing the production materials in the lawsuit, it appears that certain carrier files may have been tampered with by an insider, who Plaintiffs have claimed was willing to pay an insurance claim without any proper beneficiary documentation and we are also looking to find who this party is.

Thank you for your cooperation in these matters and please feel free to contact me with any questions or further information.  Eliot

Eliot I. Bernstein"


Attached the Letter were These Two Documents

https://drive.google.com/file/d/0Bzn2NurXrSkiallSQ0U1RVpqdVk/edit?usp=sharing

https://drive.google.com/file/d/0Bzn2NurXrSkiNkNTVzV1S1NZTEk/edit?usp=sharing

So Heritage Union Life Insurance Company is very aware of what is going on in this case. What will they do, if anything, is yet a mystery.

Saturday, May 31, 2014

Another BLOG Censored by FRAUDULENT Hypocrite First Amendment Attorney Marc Randazza

http://marcrandazzatips.blogspot.com/

What's up with the Ethics Of Benjamin P. Brown of Matwiczyk & Brown LLP?

How would you like it if your Parents seemingly hired and puppeteered an attorney to allegedly act on your behalf, file motions allegedly in your best interest to GIVE your Parents your inheritance, left to you LEGALLY by your Grandparents, and you have never even spoke with your attorney, yet you are allegedly his client?

Oh and YOU are and Adult? WTF, Really?

In court Ben Brown of Matwiczyk & Brown claims he has never spoke with his clients.

So why is he filing motions on their behalf and giving away their inheritance?

Just how much conflict of interest does Benny Boy have in all this? 

I sure hope Benjamin P. Brown of Matwiczyk & Brown LLP is not breaking any laws or ethical violations, would sure hate to see him lose his law license and go to prison for protecting the clear and OBVIOUS lies unethical, and illegal actions of Ted Bernstein.

How about Do the RIGHT Thing, Obey the LAW and STOP protecting the Criminal.. just a thought, in my personal opinion.

Hey Kids, in my Opinion, because I can read the LAW, you have a Malpractice lawsuit against Benjamin P. Brown of Matwiczyk & Brown LLP. He is not legally, nor ethically allowed to file motions regarding YOU, acting as your attorney on deals of which you know NOTHING about, and he has not eve Spoke with you. There is another 2 Million or more for you guys right there in a Malpractice Lawsuit. Looks good from where I sit.

I say SUE Benjamin P. Brown of Matwiczyk & Brown LLP, personally and professionally for Malpractice. Seems to me, that he has NO legal right to file court motions, stand in court and speak at hearings on behalf and allegedly in the best interest of his client, under an attorney client relationship, yet admits to have never spoken to his clients? Then how does he know what the client wants?

Who does Benjamin P. Brown of Matwiczyk & Brown LLP work for? If its Teddy Boy and all his fraud on the courts, then why is the client, Adult Children of Ted, that Benny has never spoke to? WOW talk about fraud on the courts, lack of ethics, malpractice, judicial duping, and well I say a GREAT case for a malpractice lawsuit.

So Benjamin P. Brown of Matwiczyk & Brown LLP has just been appointed Administrator Ad Litem of the Simon Bernstein Estate to assert, defend the interest of the Estate in Illinois courts where there is massive fraud on the court due to Tescher and Spallina, a fraudulent or non-existent Plaintiff, a bogus insurance claim it seems, a Judge who may be protecting Tescher and Spallina, and millions of dollars at stake in an insurance scandal; No Trust, No Insurance Policy, yet MONEY in waiting for the rightful owner, why? and who is the rightful owner? where is the will and why is Benjamin P. Brown of Matwiczyk & Brown LLP protecting Robert Spallina and Ted Bernstein? Or is He?

WOW, what a Legal Mess. No worries though it will ALL come out. I guarantee it. And Benjamin P. Brown of Matwiczyk & Brown LLP may just go to prison with TED and Spallina, we shall see.

Order appointing Benjamin P. Brown of Matwiczyk & Brown LLP Administrator Ad Litem
https://docs.google.com/file/d/0Bzn2NurXrSkiUnVtQ1RmMGV0VFU/edit