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Solari Action Network Navigating Towards a Financially Intimate World Who's your farmer? Who's your banker? Where's your money?
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Catherine
Joined: 14 Mar 2003 Posts: 3600 Location: Hickory Valley, Tennessee (USA)
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Posted: Wed Dec 17, 2003 5:43 am Post subject: Litigation Update - Report to Solari Action Network 12/15/03 |
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TO: SOLARI ACTION NETWORK
Litigation Update
December 15, 2003
Thank you all for your prayers, donations and continued interest in the
Where is the Money? Litigation. Your support has made all the difference.
We went to trial on October 29, 2003 in Federal District Court
for both the original qui tam against Hamilton Securities, Ervin rel.
for United States vs Hamilton Securities, in a trial consolidated with
our suit against Ervin for tortious interference with contract, Hamilton
vs Ervin & Associates & John Ervin.
The consolidated trial plan was as follows:
Bench Trial:
Ervin presents qui tam case
Hamilton presents qui tam defense
Judge rules on qui tam
Chose jury
Hamilton presents tortious interference case
Ervin & Ervin and Associates present defense4
Jury deliberates
Not that long before the trial, the Department of Justice/HUD responded
to discovery requests in the Court of Claims, providing documentation that
proved they had known all along that significant Ervin allegations were
false. However, acting on behalf of their client, the Secretary of HUD
(then Mel Martinez, now Alphonso Jackson), they continued to decline to
move to dismiss the qui tam.
Ervin, represented by Joseph Hornyak Sonnenschein Nath & Rosenthal, presented
their case from October 29th - November 3rd. The case presented
did not track their third amended complaint, addressing only a revised five
allegations. In four days of wandering, innuendo and fishing, the absence of
any evidence to support their revised allegations or the allegations in
their filed complaints, as amended three times, was clear and compelling.
The Judge's response to the waste of the court's time was strong.
On one day, Hornyak left the court room and sat on the floor in the hall
with his head in his hand.
After Ervin rested their presentation of the qui tam, Judge Oberdorfer gave
us two weeks to file 52(c) motions in which Hamilton asked the qui tam
be dismissed.
On November 18, 2003, we had oral arguments on the 52(c)motions.
After the oral arguments, Judge Oberdorfer informed us that he had been
invited to help out in the Third Circuit in Philadelphia and did not know
when he would issue his ruling on the 52(c) motion or when the trial would
continue.
Meantime, we continue to work towards a trial in the Court of Claims in early 2004.
For supporting documents on Where is the Money? Litigation
http://www.solari.com/gideon/
Catherine Austin Fitts
December 15, 2003
Hickory Valley, TN 38042 |
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Catherine
Joined: 14 Mar 2003 Posts: 3600 Location: Hickory Valley, Tennessee (USA)
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Catherine
Joined: 14 Mar 2003 Posts: 3600 Location: Hickory Valley, Tennessee (USA)
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