Scamraiders has been reporting on the schemes and corruption engaged in by George Pavia Esq., John W. Siebert MD, Joe Burke Esq., Ken Gomez Esq., and Russo Burke. The reports have been supported by documentary evidence secured by Scamraiders through Public Court Files, informants and investigative Reports.
These co-conspirators are seemingly desperate to gag and thwart Scamraiders investigation into their corruption, fraud, and criminal acts. Scamraiders will not be scammed or extorted by these persons. Scamraiders will continue its investigation into these people acting individually and in concert with each other. Scamraiders is also finalizing a soon to be published Book, which will unveil in complete detail with case histories the corruption, misuse of the public trust, and theft of honest services ongoing for years in New York Courts.
This includes an expose of compromised Court Officials, crooked Lawyers, and Client/Litigants that fuel these acts of bribery and tampering--- all of which adversely impact the lives of unsuspecting citizens.
The following expose is an introductory broad-brush outline based on Scamraiders obtaining evidence, interviews, documents, and other proof. The Report is not for the faint of heart. It is suggested that you also read related Articles from Scamraiders Home Page and Scamraiders Archives involving the conduct of New York Judges, Court Referees, “Innovative/Resourceful” Russo Burke, John W. Siebert and “If You Can’t Beat-em---Cheat-em” George Pavia. These documented revelations will set the stage for your understanding how these people have compromised the Judicial Process to the detriment of our Founder, Jim Couri and others.
JUSTICE OUT OF A “PAPER BAG”
You will see how, when you get to the right “fixer”, the 21st Century “Boss Tweed” justice, the law is cremated for the benefit of the corruptors. In a nutshell, Scamraiders has and will continue to expose how the New York Courts (acting in concert with the aforementioned “crew”) has turned their backs on tax evasion involving millions of dollars, Medicare fraud, insurance fraud, fraud on the Federal Government and illegal grants, Spoliation, and fraud on Jim Couri. The New York Courts have condoned corruption, tampering, ex parte communications, perjury, and intentional violations of Disciplinary Rules (all fully documented). This is the way it works--- “money talks and BS walks” in these courts---- Corruption through tampering and Theft of Honest Services. Here Siebert, along with Joe Burke, is trying to rob Jim out of over $20Million that Siebert agreed to pay. All of the commitments by Siebert and PC are memorialized by Agreements and Promissory Notes written and/or approved by Siebert’s own Lawyers at that time, Gilbride, Tusa, Last & Spellaine Esqs.
Scamraiders hopes this expose will arm the public with both warning and awareness. Part of Scamraiders’ Mission is to reveal the realities of just what goes on in the backrooms of the hallowed halls in the Courthouse, the “old boys club”, and the incestuous, unscrupulous antics of Lawyers, Judges, and Court Officials. Corruption affects all of us, and can and does ruin our lives; in this case, because of the larcenous Judges and Lawyers who will cheat, bribe, and extort in order to “win”.
SIEBERT--- A FRAUD FROM THE BEGINNING
Based on the documents, John W. Siebert lied to Jim Couri in 1996, claiming to be a multimillionaire who wanted to become involved in business ventures. Jim had created Kindervest Planning Corporation, a business entity Jim planned to launch that provided the public with an insurance and savings program for children’s college education. Siebert willingly and actively became involved in the day-to-day Kindervest activities and was Corporate Secretary, Director, and loaned money to Kindervest for its operations. It would later be revealed that these funds where from other people conned by Siebert. The record also shows that Siebert hired Jim to do independent consulting work for him and Siebert’s PC lasting over four years. Siebert signed Promissory Notes, Agreements, and Resolutions confirming Jim’s successful services and never paid Jim a dime for the work he performed. It appears that Siebert engaged in a systematic pattern of fraud, deception, and intentional theft of Jim’s services. Siebert defaulted on most every Agreement, Note, and Contract he entered into.
Siebert, it turns out, and documents confirm, that he is a phony, and ruined the Kindervest Company because of his multiple deceptive acts--- defaulting on contracts, bouncing checks, and lying about his financial means. Apparently, Siebert set himself out to appear to be a forthright wealthy investor seeking new ventures, but in reality he is a fraudster using other people’s money, and conning them, as well as Kindervest and Jim. Disgusted with Siebert’s admitted fraud, misrepresentations, defaults and other corrupt acts, Kindervest and Jim properly concluded with Siebert, using Siebert’s lawyers to prepare and sign various Settlement Agreements and General Releases in favor of Jim and his Affiliates. Soon thereafter, Siebert defaulted on those Notes and Agreements, signed new Agreements and more Notes, and defaulted on those as well.
ENTER JOE BURKE ESQ. Siebert’s “Innovative & Resourceful” Attorney
In 2004, Jim sued Siebert and his PC for the defaulted Agreements and Promissory Notes that Siebert signed and agreed to pay. A relatively simple case, as Siebert in the Agreements waved all defenses and released Jim. Think again! Although Siebert never made any complaints about his involvement with Jim, never paid (or loaned) Jim a single dollar, and was and is bound by the Business Judgment Rule, Burke/Siebert concocted a series of baseless counterclaims alleging that Jim had converted Siebert’s money for personal use; all false, as there was no legal foundation or any basis in fact or law. Scamraiders also believes that Siebert and his PC’s legal fees were and are being paid by an unaware Medical Insurer, that Siebert/Burke have been defrauding. This case is not a medical claim.
From 2004 to 2009, follow this:
Siebert filed phony tax returns and amended his personal returns where he claimed “theft loss”, and on his PC returns he deducted $3 million in “repayment of loans”, as if his PC were paying consulting fees--- outright tax fraud.
Jim learned of these frauds and contacted the IRS Investigator, Sal Copolla, who was conducting a preliminary inquiry into Siebert’s phony personal tax deductions involving Kindervest. Jim provided the actual Agreements, which resulted in a three-year audit into Siebert’s personal tax evasion and we have learned resulted in reversals of Siebert’s fraudulent deductions, fines, penalties, etc.
Siebert/Burke became desperate, so Burke in March 2006 (unknown by Jim at the time) secreted a tampered, deceptively filed Note of Issue/Certificate of Readiness, which, by law, precludes any further Discovery and stops an opponent from seeking Summary Judgment. It appears that lawyer Burke wanted to be sure that Jim couldn’t obtain Summary Judgment against Siebert, since once a Certificate of Readiness is filed, request for Summary Judgment is usually precluded. Summary Judgment is sought when an adversary hasn’t been able to provide the Court with any proof of their claims/counterclaims.
ENTER “CHEAT-EM / BEAT-EM” PAVIA
Burke meanwhile joined forces with landlord/lawyer George Pavia who had previously made a pact with the devil (Judge Madden) to rob Jim’s Rent Stabilized Apartment. Ole Georgie (along with fixer Jay Itkowitz Esq.) knew the Courthouse ropes well---just who and how to get a fixed trial. Siebert needed help, and “cheat-em/beat-em” Pavia was more than happy to assist Siebert efforts against Jim, since Jim was the one who had pursued and stood up against Pavia’s rent stabilization corruption. After all, Siebert was and is on the hook for almost $20 million owed to Jim and Affiliates. Just the large numbers the “Old-Boys” in the Courthouse love to hear.
After March of 2006, Jim became seriously ill with a misdiagnosed cancer, and Burke demanded more Discovery (all the while Burke knowing the Discovery was precluded and illegal because of the secretly filed Note of Issue/Certificate of Readiness). We believe that Burke was truly hoping that once he got Jim’s tax returns that somehow he could show Jim misused Siebert’s money and nail Jim for fraud and theft. A review of the tax returns reveals that Burke’s guessing game was wrong---nothing was stolen. The Companies were properly administered and Jim and Affiliates lost about $5 million due to Siebert’s lies, deception and corruption. All admitted to by Siebert in Kindervest Corporate Resolutions and Agreements.
What could they do now? Once all of the Jim/Companies tax returns were produced to Burke and a Court Referee and nothing questionable could be found, Burke manipulated the Referee. Keep in mind all this was after the filed Note of Issue/Certificate of Readiness, which made this Discovery illegal as the Note/Certificate bars and precludes further Discovery (still unknown by Jim at this time). The appointment of Referee Crespo and his Orders were also illegal because as of the March 2006 filing of the Note of Issue/Certificate of Readiness. No matter, Crespo/Burke next falsely claimed they had not received Jim’s tax authorizations and Jim’s medical affirmations, although our investigation shows they were hand delivered to Crespo and received. Much of which are miraculously now missing from the Court files. It seems that Siebert/Burke could only win if they cheated, tampered, and lied. Certainly the truth was not their goal.
Burke/Siebert then concocted an Appeal claiming Jim violated his obligations to produce Discovery documents, while hiding the Note of Issue, barring Discovery--Post-Note and while Jim was hospitalized. What makes it so clear here, is the fact that Jim had all the facts on his side---why would he not provide the proof? He did, but between the compromised Court Official and “resourceful” Burke, heaven only knows how often these illegal maneuvers go on. The Appellate Division played their “role” and Struck Jim’s complaint fraudulently. As the Court Order clearly reveals, they relied on Burke and Referee Crespo’s lies and character assassination and the presumption that all Disclosure sought by Burke was PRE-Note of Issue. Burke conned the Court or ---were they in on the scam? One thing is clear, all Disclosure complained of by Siebert/Burke not only was produced by Jim, but was Post-Note and thus illegal, barred and precluded. Jim’s Complaint was Struck illegally and through fraud and Spoliation----crimes.
ENTER JUDGE STALLMAN
JSC Stallman appointed in February 2008 another Referee, Jack Suter (remember the filed Note of Issue/Certificate of Readiness is still hidden by Burke). Thus, this Referee appointment was also illegal. Apparently Referee Suter, and documents and evidence confirm, threatened Jim over the phone, demanding Jim pay Siebert. This is outrageous conduct for a Court Official who is supposed to remain neutral. Then Referee Suter and Burke engaged (from June - Sept., 2008) in well-documented ex parte communications with each other, culminating in Burke literally writing an illegal Order for Referee Suter (granting a phony judgment against Jim for over $7million) to execute against Jim. The evidence of these illegal communications is clear and reveals criminal conduct that, though reported to the Court, was repeatedly ignored and in fact covered up. Jim was able to vacate the illegal Order, yet Referee Suter continued to lie.
The plain and simple problem for clever Burke and phony Siebert--- their hopes of proving Jim engaged in fraud was dashed by Jim and Affiliates tax returns, which remember, were illegally obtained due to the Note/Certificate of Readiness in the first place.
They now needed a new handle to disenfranchise Jim--- no problem with a helpful court.
NEXT-- REVENGE---A DIVERSIONARY THEFT
Unrelated to this case, Jim was in the process of settling a medical claim involving his misdiagnosed melanoma cancer (level 5, stage 3) when this “gang” of corruptors misused the Courts in Sept.-Dec.-2008 and swooped in like a bunch of vultures and clipped Jim’s medical settlement of over $200 thousand dollars using a bogus judgment, and the Court turned a blind eye and aided in this theft in spite of clear evidence from Jim to the contrary.
NOW-- THEY NEED A NEW SET UP
Here’s their dilemma--- they have gone everywhere to “get Jim”, violating a Restraining Order they signed---including taking Jim’s tax returns to the Department of Justice, however all they could come up with was that Siebert and his PC are the ones who did the stealing.
What’s up with Judge Stallman? Scamraiders notices that about ten to twelve Motions involving this matter are not decided by JSC Stallman; some since December 2008. Why? What is Stallman waiting for? Curiously this Judge has ignored Siebert/Burke corrupt acts with a Court Referee, fraud on the Court and fraud on Jim of Spoliation (the result of secreting of the Note of Issue/Certificate of Readiness), ex parte Orders written by Burke for Referee Suter, theft of Court Files, fraud, perjury and other illegal acts.
One of the Motions that Judge Stallman is sitting on is Jim’s request for Summary Judgment/Motion to Dismiss Counterclaims, which Jim made in May-June 2009. Guess what happened. Ahha! Burke finally surfaced with the secreted Note of issue/Certificate of Readiness, and pleads that Jim cannot seek Summary Judgment due to the filed Note/Cert. In Burke’s response to Jim’s Motion to Dismiss Siebert’s bogus counterclaims, Burke doesn’t even provide an Affidavit from Siebert or a single piece of required documentary evidence, which violates Court Requirements. Within Burke’s response he admits he knew of the Note of Issue/Certificate of Readiness existence since its filing in March 2006. Burke knowing this document was filed, still sought illegal Discovery and permitted Referees and Judges illegal Orders, and most importantly the Court’s Decision Striking Jim’s complaint, and now wishes to avail himself of the rights of a document he secreted. This is an incredible corrupt scenario.
Is Judge Stallman the final ‘hatchet-man’ and ‘executioner’ waiting for the final set up?
Siebert/Burke are throwing in everything they can concoct. The latest ploy is accusing Jim of forging his own truthful Affidavits and Notaries. To what advantage would that be? ---Just another diversionary tactic to attempt to divert attention from their illegal activities. The theory is “make Jim look bad”-- with any “dirt” they can come up with. Even to the point of using a document from Jim’s mentally declining, elderly mother before she passed away in about 1989, which violates the very restraining Order that they falsely accuse Jim of violating. These desperados forgot that Jim was awarded “sole and separate custody” of his daughter at about the same time his Mother supposedly wrote a paper that “Jim was a bad boy”. If Jim’s Mother was believable, the Courts after numerous evaluations of Jim, by Court-ordered Reports, could not have been granted sole custody of his then 7-year-old child.
Apparently, now the only tactic for the gang to use is to give the Judge enough supposed ammunition to go in for the final assault, for which it seems he is holding up all other Decisions. They have created a laundry list of diversionary claims-- all purely geared to smear using irrelevant attacks and “character assassination”--- that’s all they have. There’s no denial from Siebert or Burke of their illegal activities that have been revealed with clear documents by Jim to the Court; there’s no mention of their original false counterclaims; and where is their “proof” of those original accusations? ---They have none, so they divert attention and create smokescreens. They are seeking a judgment against Jim for $7 million without one scintilla of any proof of their counterclaims and relying on the Court continuing to ignore their illegal acts, hoping to cash in on the Court’s endorsement of their sham aberration claims, having nothing to do with what this matter is about. This has all the earmarks of a set up. Siebert/Burke need to shore-up and cover up their phony ‘theft-loss’ deductions on Siebert’s personal tax returns disallowed by the IRS. They need that deduction to avoid the fines and penalties. So they are rabid to stick-it to Jim.
Is this a 21st “lynch mob”? They not only try to block Scamraiders, they want an unwarranted judgment against Jim. The “gang that could not shoot straight” thought they had it when they received Jim and Affiliates tax returns. Then they thought they had it when they compromised a Referee for a bogus Order declaring a judgment for over $7 million. When that didn’t work, they got a bogus judgment endorsed by the Court for about $200,000.00 of Jim’s medical settlement. Next, the gang tried to go to the US Attorney to get Jim ---that was purely outrageous. Now it appears they have a Judge waiting in the wings to render the final “death-knell’.
Senate Judiciary Committee Chairman John L. Sampson, D-Brooklyn
One would think that Jim, armed with the Siebert signed Agreements, unconditional Promissory Notes, General Releases in Jim’s favor, and wavers of defenses by Siebert, should have been granted judgment promptly. Not in these Courts---seemingly justice means nothing. Just look at the subsequent Court Decisions in this case to clearly see the pattern and clear and convincing complicity of these black robed violations of the Public Trust. Jim sought only recently, a short enlargement of time to perfect his Appeal due to doctor-documented ill health, which is normally never refused---DENIED. Jim showed the Appellate Division how Burke secreted the Note of Issue/Certificate of Readiness, which made all Disclosure that they falsely claimed Jim violated, illegal; this is classic Spoliation ---IGNORED. Do these Courts and these lawyers think they can keep it up? This is fooling no one---corruption and bribery are so rampant in these Courts it is horrific and disgraceful. See Senator Sampson Hearings
, a task force investigating Court and Lawyer corruption in New York Unified Courts.
Most Courts in America react harshly to Spoliation and hiding of evidence, some even refer Spoliators for criminal prosecution. Oddly this New York Court and the Appellate Court appear to have embraced Siebert and Burke for their documented corruption, tampering, fraud, secretion of evidence, and much more, which unfortunately makes the Appellate Divisions Order Striking Jim’s Complaint look awfully ridiculous and suspect. Based on a literal reading of the Appellate Court’s wording in their Order, it appears that the Appellate Court does not give a damn that a New York licensed Lawyer, Joe Burke and a Court Referee defrauded the Court, Burke Spoliated material Evidence, and via corruption obtained criminal and illegal gains for himself and Siebert at Jim’s expense. This is justice? Hardly.
Scamraiders will continue to report on this matter as it develops.