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	<title>Comments on: Refuge for the Disbarred</title>
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	<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/</link>
	<description>because the world doesn&#039;t need any more self-professed experts</description>
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		<title>By: Mark Bennett</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-56</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Fri, 18 Dec 2009 00:29:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-56</guid>
		<description>Okay, let&#039;s not talk about the facts; let&#039;s talk about what you told the judge  (though not under oath) when you pled guilty.

Did the elements of the offense to which you pled guilty include some culpable mental state? Or does New York punish lawyers who are involved in schemes to defraud even when they don&#039;t know the nature of the schemes?

Was it an &lt;i&gt;Alford&lt;/i&gt; plea, or did you tell the judge that you were pleading guilty because you were guilty? (Fingers crossed?)

Then let&#039;s talk about Magic Money, which can wind up in the pockets of fraudsters without any loss to anyone.

After we&#039;ve exhausted those topics, we can talk about disappearing tweets, without which this post wouldn&#039;t likely have been written.</description>
		<content:encoded><![CDATA[<p>Okay, let&#8217;s not talk about the facts; let&#8217;s talk about what you told the judge  (though not under oath) when you pled guilty.</p>
<p>Did the elements of the offense to which you pled guilty include some culpable mental state? Or does New York punish lawyers who are involved in schemes to defraud even when they don&#8217;t know the nature of the schemes?</p>
<p>Was it an <i>Alford</i> plea, or did you tell the judge that you were pleading guilty because you were guilty? (Fingers crossed?)</p>
<p>Then let&#8217;s talk about Magic Money, which can wind up in the pockets of fraudsters without any loss to anyone.</p>
<p>After we&#8217;ve exhausted those topics, we can talk about disappearing tweets, without which this post wouldn&#8217;t likely have been written.</p>
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		<title>By: Kathleen A. Scanlon</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-55</link>
		<dc:creator>Kathleen A. Scanlon</dc:creator>
		<pubDate>Thu, 17 Dec 2009 14:10:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-55</guid>
		<description>Scheme to Defraud in the 1st and as you correctly said, I cannot yet answer the question regarding my &quot;participation&quot;. Once this is done and overwith, I would be more than happy to expound on the subject.

AFG apparently closed hundreds of transactions starting in the early 2000s.  I was referred those clients the end of 2007 beginning of 2008 when they apparently turned in their mortgage broker license.  Discovery indicated that AFG employees had altered title documents, provided fake Verification of Deposits, Verifications of Employments, etc., paid off buyers after closing back at their respective homes (in the indictment) and so forth.  Bank underwriters ignored First American Core Logic Fraud Reports and issued approvals on patently unqualified buyers &amp; questionable properties.

Unfortunately, again, I cannot comment on these facts at this time.

But my point is, I didn&#039;t hide this nightmare, all the clients &amp; colleagues of the firm are aware of it and I have been adjusting my online profiles to be in line with my situation.  I have profiles on numerous sites and the twitter profile was one of the only ones I had not gotten to.  I rarely visit the twitter site itself as I access the twitter feed through TweetDeck.

As far as social media goes, I am not a guru selling a $29 e-book on how to get more followers or other such nonsense.  I am a tech geek - I do a lot of work with Photoshop and web design - more as a hobby.  Friends and clients have asked me to help them create profiles, blogs and so forth and how to manage the overwhelming influx of information so as not to end up with &quot;information overload&quot;.  This is not a career for me per se - its just something I enjoy.

Not one of my posts, tweets etc. was a solicitation for business.  Each and every one is a content share.  Solicitations for business constitute spam.</description>
		<content:encoded><![CDATA[<p>Scheme to Defraud in the 1st and as you correctly said, I cannot yet answer the question regarding my &#8220;participation&#8221;. Once this is done and overwith, I would be more than happy to expound on the subject.</p>
<p>AFG apparently closed hundreds of transactions starting in the early 2000s.  I was referred those clients the end of 2007 beginning of 2008 when they apparently turned in their mortgage broker license.  Discovery indicated that AFG employees had altered title documents, provided fake Verification of Deposits, Verifications of Employments, etc., paid off buyers after closing back at their respective homes (in the indictment) and so forth.  Bank underwriters ignored First American Core Logic Fraud Reports and issued approvals on patently unqualified buyers &amp; questionable properties.</p>
<p>Unfortunately, again, I cannot comment on these facts at this time.</p>
<p>But my point is, I didn&#8217;t hide this nightmare, all the clients &amp; colleagues of the firm are aware of it and I have been adjusting my online profiles to be in line with my situation.  I have profiles on numerous sites and the twitter profile was one of the only ones I had not gotten to.  I rarely visit the twitter site itself as I access the twitter feed through TweetDeck.</p>
<p>As far as social media goes, I am not a guru selling a $29 e-book on how to get more followers or other such nonsense.  I am a tech geek &#8211; I do a lot of work with Photoshop and web design &#8211; more as a hobby.  Friends and clients have asked me to help them create profiles, blogs and so forth and how to manage the overwhelming influx of information so as not to end up with &#8220;information overload&#8221;.  This is not a career for me per se &#8211; its just something I enjoy.</p>
<p>Not one of my posts, tweets etc. was a solicitation for business.  Each and every one is a content share.  Solicitations for business constitute spam.</p>
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		<title>By: Mark Bennett</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-54</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Thu, 17 Dec 2009 13:10:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-54</guid>
		<description>Your indictment (which you&#039;ve kindly linked to) speaks to itself. What it describes (as you say in your next-to-last paragraph) is mortgage fraud, whether New York called it that on the books or not.

(Which count or counts did you plead guilty to, by the way?)

Are you saying that you participated in a sham closing without knowing that it was a sham closing? Because, other than the Magic Money theory, I don&#039;t see how knowingly participating in a sham closing is not ripping someone off.</description>
		<content:encoded><![CDATA[<p>Your indictment (which you&#8217;ve kindly linked to) speaks to itself. What it describes (as you say in your next-to-last paragraph) is mortgage fraud, whether New York called it that on the books or not.</p>
<p>(Which count or counts did you plead guilty to, by the way?)</p>
<p>Are you saying that you participated in a sham closing without knowing that it was a sham closing? Because, other than the Magic Money theory, I don&#8217;t see how knowingly participating in a sham closing is not ripping someone off.</p>
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		<title>By: Kathleen A. Scanlon</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-53</link>
		<dc:creator>Kathleen A. Scanlon</dc:creator>
		<pubDate>Thu, 17 Dec 2009 12:38:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-53</guid>
		<description>Strange I don&#039;t believe I have discussed the actual merits of the case but merely pointed you to the indictment which, of course, is public record, as well as the reasoning behind accepting a plea deal. Which, I believe, is the reasoning process behind any plea deal.  As far as &quot;ripping off&quot; anyone, I collected my legal fee from my client - there are no allegations otherwise.  Again, the sole allegation is that I participated in a sham closing by representing a buyer or seller.  

Further, it wasn&#039;t mortgage fraud my friend - that didn&#039;t come on the books until Fall of 2008 here in NY.

The American taxpayer is paying for those individuals who lived far above their means and:
1.  decided to use their homes as an ATM; and
3. lied about their income and assets;
There are two types of fraud - Fraud for Housing &amp; Fraud for Profit.  These examples fall under the category of Fraud for Housing.  Fraud for Housing Makes up 85% of the mortgage fraud committed.

It is the policy of the enforcement agents not to prosecute Fraud for Housing.  Go figure.</description>
		<content:encoded><![CDATA[<p>Strange I don&#8217;t believe I have discussed the actual merits of the case but merely pointed you to the indictment which, of course, is public record, as well as the reasoning behind accepting a plea deal. Which, I believe, is the reasoning process behind any plea deal.  As far as &#8220;ripping off&#8221; anyone, I collected my legal fee from my client &#8211; there are no allegations otherwise.  Again, the sole allegation is that I participated in a sham closing by representing a buyer or seller.  </p>
<p>Further, it wasn&#8217;t mortgage fraud my friend &#8211; that didn&#8217;t come on the books until Fall of 2008 here in NY.</p>
<p>The American taxpayer is paying for those individuals who lived far above their means and:<br />
1.  decided to use their homes as an ATM; and<br />
3. lied about their income and assets;<br />
There are two types of fraud &#8211; Fraud for Housing &amp; Fraud for Profit.  These examples fall under the category of Fraud for Housing.  Fraud for Housing Makes up 85% of the mortgage fraud committed.</p>
<p>It is the policy of the enforcement agents not to prosecute Fraud for Housing.  Go figure.</p>
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		<title>By: Lyle Jones</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-51</link>
		<dc:creator>Lyle Jones</dc:creator>
		<pubDate>Thu, 17 Dec 2009 03:18:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-51</guid>
		<description>If I were her lawyer, I would advise her to NOT discuss this pending sentencing.  It may surprise her to know that judges, prosecutors and even court baliffs know how to use the internet.  

One of the first things I recommend to clients is to shut down their myspace, facebook and twitter accounts pending a resolution.</description>
		<content:encoded><![CDATA[<p>If I were her lawyer, I would advise her to NOT discuss this pending sentencing.  It may surprise her to know that judges, prosecutors and even court baliffs know how to use the internet.  </p>
<p>One of the first things I recommend to clients is to shut down their myspace, facebook and twitter accounts pending a resolution.</p>
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		<title>By: Mark Bennett</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-50</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Wed, 16 Dec 2009 23:19:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-50</guid>
		<description>No, Bender, you didn&#039;t stutter. You just didn&#039;t say that.

Did your 14 years in law teach you that banks give out magic money that, once it is stolen, doesn&#039;t have to be replaced. The American taxpayer will be paying for the mortgage fraud of the nineties and oughties, in one way or another, for decades. 

Indirect harm? Maybe, but harm nonetheless. 

By the way, does your criminal defense lawyer know that, pending sentencing, you&#039;re publicly denying that the crime you committed caused any harm when you committed whatever crime you didn&#039;t-commit-but-pled-guilty-to-in-open-court-but-not-under-oath-so-it-doesn&#039;t-count? (Is that an accurate statement of your current position?)</description>
		<content:encoded><![CDATA[<p>No, Bender, you didn&#8217;t stutter. You just didn&#8217;t say that.</p>
<p>Did your 14 years in law teach you that banks give out magic money that, once it is stolen, doesn&#8217;t have to be replaced. The American taxpayer will be paying for the mortgage fraud of the nineties and oughties, in one way or another, for decades. </p>
<p>Indirect harm? Maybe, but harm nonetheless. </p>
<p>By the way, does your criminal defense lawyer know that, pending sentencing, you&#8217;re publicly denying that the crime you committed caused any harm when you committed whatever crime you didn&#8217;t-commit-but-pled-guilty-to-in-open-court-but-not-under-oath-so-it-doesn&#8217;t-count? (Is that an accurate statement of your current position?)</p>
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		<title>By: Kathleen A. Scanlon</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-49</link>
		<dc:creator>Kathleen A. Scanlon</dc:creator>
		<pubDate>Wed, 16 Dec 2009 22:55:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-49</guid>
		<description>Talking about imagination reaching new heights - now I am responsible for those &quot;who lost their life savings&quot; in the housing bubble collapsing? Who - the ones who lied on their loan applications (85% of the mortgage fraud) or who borrowed 106% of the value of their house? 

I suggest counselor that you stick to an area of law where you possibly have some sort of knowledge.  Your ignorance is showing.

I do not advise anyone on social media policy - did you miss that? Did I stutter?</description>
		<content:encoded><![CDATA[<p>Talking about imagination reaching new heights &#8211; now I am responsible for those &#8220;who lost their life savings&#8221; in the housing bubble collapsing? Who &#8211; the ones who lied on their loan applications (85% of the mortgage fraud) or who borrowed 106% of the value of their house? </p>
<p>I suggest counselor that you stick to an area of law where you possibly have some sort of knowledge.  Your ignorance is showing.</p>
<p>I do not advise anyone on social media policy &#8211; did you miss that? Did I stutter?</p>
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		<title>By: Mark Bennett</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-48</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Wed, 16 Dec 2009 22:34:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-48</guid>
		<description>We&#039;ve already established that you know nothing about me; kindly stop trying to use your defective imagination on me.

Tell the people who lost their life&#039;s savings when the mortgage bubble collapsed that you didn&#039;t rip anybody off by participating in a sham closing. I doubt that they&#039;ll have much sympathy.

Back to task: would you advise the people you assist to delete (and then deny deleting) Twitter posts? Because that gets one&#039;s attention.</description>
		<content:encoded><![CDATA[<p>We&#8217;ve already established that you know nothing about me; kindly stop trying to use your defective imagination on me.</p>
<p>Tell the people who lost their life&#8217;s savings when the mortgage bubble collapsed that you didn&#8217;t rip anybody off by participating in a sham closing. I doubt that they&#8217;ll have much sympathy.</p>
<p>Back to task: would you advise the people you assist to delete (and then deny deleting) Twitter posts? Because that gets one&#8217;s attention.</p>
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		<title>By: Kathleen A. Scanlon</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-47</link>
		<dc:creator>Kathleen A. Scanlon</dc:creator>
		<pubDate>Wed, 16 Dec 2009 22:09:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-47</guid>
		<description>1. Plea was not under oath.

2. I did not rip off anyone - I collected the legal fee that was agreed upon with the buyer or seller.  The allegation was solely that I &quot;participated in a sham closing&quot;.

3. I am sure lots of people are making gingerbread cookies, houses etc this week but I certainly could not imagine YOU making gingerbread cookies.

4. The social media consulting that I do is to assist people with setting up profiles, linking their profiles, creating blogs, adding feeds to an RSS reader and sharing information with other people in their industry.  I do not advise them of how to manage their business.  This is a purely enjoyable project for me - not a career.</description>
		<content:encoded><![CDATA[<p>1. Plea was not under oath.</p>
<p>2. I did not rip off anyone &#8211; I collected the legal fee that was agreed upon with the buyer or seller.  The allegation was solely that I &#8220;participated in a sham closing&#8221;.</p>
<p>3. I am sure lots of people are making gingerbread cookies, houses etc this week but I certainly could not imagine YOU making gingerbread cookies.</p>
<p>4. The social media consulting that I do is to assist people with setting up profiles, linking their profiles, creating blogs, adding feeds to an RSS reader and sharing information with other people in their industry.  I do not advise them of how to manage their business.  This is a purely enjoyable project for me &#8211; not a career.</p>
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		<title>By: Kathleen A. Scanlon</title>
		<link>http://blog.ivi3.com/2009/12/refuge-for-the-disbarred/comment-page-1/#comment-46</link>
		<dc:creator>Kathleen A. Scanlon</dc:creator>
		<pubDate>Wed, 16 Dec 2009 22:01:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.ivi3.com/blog/2009/12/refuge-for-the-disbarred/#comment-46</guid>
		<description>Steeped in deception? No. Surprised? Yes.

You don&#039;t appear to be the gingerbread-making type.  It is very cute of you.

Enjoy!</description>
		<content:encoded><![CDATA[<p>Steeped in deception? No. Surprised? Yes.</p>
<p>You don&#8217;t appear to be the gingerbread-making type.  It is very cute of you.</p>
<p>Enjoy!</p>
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