Barry Schmittou, No. 3:05-0013
Plaintiff, Honorable Judge Trauger
V.
V.
Metropolitan Life Insurance
Company and TMG Solutions Inc.
d/b/a Mosaic Sales Solutions
Requesting Temporary Restraining Order and Injunction To Prevent U.S. Government Default on Debt’s and Obligations While The Government Has Given Non Prosecution Agreements To Financial Corporations For Bid Rigging Including AIG’s $1.6 Billion Dollar Case That Occurred A Short Time Before They Received a $182 Billion Tax Payer Bailout
Please consider this to be the Memorandum and Motion combined
I hereby request this court make the U.S. government a Defendant in this civil case because of their extreme failure to uphold the laws while president Obama received contributions from MetLife including $30,000 MetLife VP James Sullivan gave to President Obama before Mr. Sullivan signed a non prosecution agreement for multiple frauds.
At any hearing for this motion I will present additional reasons including the Government arranging fraud restitution for big businesses but doing nothing for claimants when MetLife ignored brain lesions, Multiple Sclerosis, a foot a new mother broke in five places, and in my personal case MetLife has had three doctor’s completely ignore my history of bloody falls and accidents since 2001 when eye cancer rapidly appeared.
Based on the authority granted in Rule 65 of the Federal rules of Civil Procedure Injunctions and Restraining Orders I request this court will issue a temporary restraining order and injunction and prevent the U.S. government from defaulting on its obligations and prevent delaying payments to Social Security beneficiaries, the military, defaulting on loans and all other obligations of the U.S. government.
The temporary restraining order and injunction are necessary because the U.S. government has issued numerous non prosecution agreements to financial institutions and insurance companies for bid rigging, securities fraud, Health Care fraud, and much more.
Many of the financial institutions and insurance companies have received Multiple Non Prosecution Agreements for identical crimes and/or crimes of a different nature.
It is very damaging and dangerous to every average citizen of the United States, including me, for the U.S. government to be allowed to default on any obligations while the U.S. Department of Justice, the U.S. Dept of Labor, and the Securities Exchange Commission allow multiple counts of bid rigging, securities fraud, and Health Care fraud.
Default could create increased profits from interest that may be paid to the very financial institutions that are committing multiple crimes and contributed to the financial collapse that is associated with this default. Default will also aid enemies of the U.S. which include China and its tainted products that flood the U.S. !!
The following examples of bid rigging and frauds are from www.massivetreason.blogspot.com and www.treasonevidence.blogspot.com
I pray the Court will view those sites, which have links to official government documents, and I will try to print them and present the entire evidence to the Court during any hearing that occurs.
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)
If an average citizen whose children were starving to death shoplifted $5.00 worth of food they would certainly be prosecuted. But the financial giants who created and profited from the financial collapse repeatedly receive non Prosecution agreements.
Two years after this $1.6 billion resolution of crimes AIG received $182 Billion of taxpayer money to bail them out. This amount the government gave to bid riggers is equal to 10% of the 2 trillion that President Obama wants to increase the spending cap !!
(More AIG financial crimes seen later)
Right after the bailout and bid rigging in Workers Comp in the U.S., an AIG investigator endangered a severely injured War Zone Contractor’s life knowing that he has Post Traumatic Stress Disorder !
The investigator from Malta even used a fake department of Labor criminal investigator badge but the DOL/DOJ have taken no action !
The full story of my contacts with this injured U.S. Contractor from Tasmania are seen at www.massivetreasonevidence.blogspot.com
Here’s a link to the picture of the fake DOL ID that was used by the AIG investigator from Malta named Cabot Goslin !!
Remember, this was done after AIG admitted 1.6 billion in "bid rigging and practices involving workers’ compensation funds” in the United States !!
Here are quotes from a ProPublica article that writes about the DOL’s failure to uphold the laws :
“Reporting in 2009 by ProPublica, the Los Angeles Times and ABC's 20/20 revealed deep flaws in the program.
“Workers fought long battles for medical care, including such things as prosthetic devices and treatment for post-traumatic stress disorder. The Labor Department seldom took action to enforce the law. One official called the system a "fiasco."
(end of quotes)
AIG received another Non Prosecution agreement for Aiding & Abetting Securities Fraud
Here’s are quotes from :
“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”
(end of quotes)
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.”
The full article can be seen at http://www.propublica.org/article/after-sec-settlement-with-jpmorgan-will-other-banks-be-forced-to-pay-up-too
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.
Here’s links to $1,862,725 :
Here’s a link to $982,561
I realize that the individual employees who made the contributions were not directly connected to the bid rigging, 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 and government officials to give unfair considerations and Non Prosecution to a business that rigged municipal bids in 31 states !!!!
It is very obvious that there is a sophisticated mafia like pattern of crimes that are being committed repeatedly by multiple financial instititutions and banks in the U.S.
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 !!!!!
As you’ll see Prudential also paid $600 million in fines for Securities fraud and there’s another fraud too !!!!
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 :
(Please note that Mr. Lipscomb did not sign all the lines by his name, so you must find page five and three pages are listed as five. The page numbers are seen in the upper left corner of each page.
Many more MetLife contributions were received by Predident Obama !!
The full evidence can be seen at :
In the agreement MetLife admitted that it was given the opportunity to rebid so it could beat competitors bids !!
Prudential Insurance, Unum Insurance also committed the exact same bid rigging crimes and also received a Non Prosecution agreement !!
MetLife admitted to multiple felony frauds in the sales of policies
In the Department of Justice Press release, the DOJ wrote that they agreed the Non Prosecution because of :
“MetLife’s: (2) cooperation with the DOL, IRS, FBI and USPIS in uncovering related fraudulent conduct; (3) substantial and continuing remedial efforts, including the company’s agreement to maintain a set of internal controls, including comprehensive compliance standards and procedures”
BUT … I have overwhelming evidence that proves they are still violating numerous laws right now !!!!! MetLife is endangering very sick patients lives, violating their fiduciary duties, and lying in Court when sick and dying patients file claims on the policies that MetLife committed felonies to sell, as seen at : www.treasonevidence.blogspot.com and the quotes from numerous Judges’ and Doctors’ seen at www.deadlyorganizedcrimes.blogspot.com
There you will see how Judges’ and Doctors’ quotes prove MetLife’s doctors’ ignore Multiple Sclerosis, brain lesions, and cardiac conditions of many patients !!
One Judge wrote “Metlife and its henchmen”,
A Psychologist wrote “Metlife's actions seem irresponsible, inhumane, dangerous, and reckless”
At www.treasonevidence.blogspot.com you’ll see quotes written by the Obama Administrations Directors in Washington that prove they have reviewed this evidence about MetLife and other insurance companies.
They even wrote their “top priority is to protect the benefits of participants and to make sure that providers of those benefits obey the law.”
The DOL EBSA Statement of Purpose says :
“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.”
BUT Obama's Directors have taken no action to stop this destruction of very sick patients !!
The insurance companies know they can violate laws and they love the profits these U.S. Title 29 ERISA health insurance policies provide so they commit multiple frauds to sell them !! MetLife paid $10 million dollars of illegal kick backs to ONE Broker who let them peak at the other bids !! ( 150 million Americans have ERISA health policies as a benefit of their jobs with corporations or private industries).
Unum Insurance and Prudential Insurance also entered into a Non Prosecution agreement for the exact same types of sales violations !!
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
Prudential, MetLife and Unum get Non Prosecution agreement for the same crimes of kick backs
More AIG and Prudential Fraud Agreements
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.
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.
Professor’s quotes prove multiple insurers are destroying the lives of very sick patients but Obama’s Directors do nothing !!
This quote was written by Joseph Belth, Professor Emeritus for Insurance at Indiana University :
"They've turned Erisa on its head," "It was supposed to protect employees, and it's being used to protect insurers."
(end of quote)
"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.”
(end of quote)
(ERISA is the U.S. Title 29 Employee Retirement Income Security Act which regulates employee benefit health plans of all the 150 million Americans who work for private businesses and corporations in America)
Here are quotes from Aaron Doyle, a professor of sociology and criminology at Carleton University in Ottawa :
“What those numbers don’t measure is the trauma survivors like Jane Pierce face when wrongfully denied, says “Most survivors don’t have the stamina and knowledge to file a lawsuit, says Doyle, who has spent a decade interviewing life insurance customers, employees and regulators in the U.S. and Canada.
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 !!!!!
In addition to the 32 cases, 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!!
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.
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 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 U.S. corporations to commit in War Zones and in other nations around the world !!
Wachovia Bank Admits Laundering $110 Million, Gets Non Prosecution Agreement After Giving Over One Million in Political Contributions !!
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” :
Here’s $1,268,970 in contributions by Wachovia and its employees before Wachovia signed the Non prosecution agreement for $110 Million 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 $218,525 from Wells Fargo Bank : http://www.campaignmoney.com/finance.asp?type=io&cycle=08&criteria=wells+fargo+bank
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.
The U.S. Government is allowing multiple corporations to repeastedly destroy laws and in many cases giving them huge financial bailoiuts !! MetLife and other insurance companies are allowed to destroy thousands of very sick patients lives as seen at :
The private attorney firm known as Adams and Reese is likely to respond on Metlife’s behalf. I pray the court and anyone who reads this will look at the index of the website seen above and 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 !!
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 !!!!!
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 !! No default should be allowed while all these crimes are being committed by financial institutions !! Default could create increased profits from interest that may be paid to the very financial institutions that are committing multiple crimes and contributed to the financial collapse that is associated with this default. Default will also aid enemies of the U.S. which include China and its tainted products that flood the U.S. !!
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.
Because of this danger and its relationship to the finances of the U.S., I request this court will issue a temporary restraining order and injunction and prevent the U.S. government from defaulting on its obligations and prevent delaying payments to Social Security beneficiaries, the military, defaulting on loans and all other obligations of the U.S. government.
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 am certainly not for increasing the deficit limit that is allowed by law, but we need multiple special prosecutors and grand juries who are not being influenced by corporate criminals to review the unbelievable spending that our lawmakers are authorizing including trillion dollar bailouts to corporate criminals, so many wars it is hard to imagine, $250 million dollar missions to explore comets, $500 million dollar missions to explore asteroids, and the intent to place a man on an asteroid and Mars while people are starving to death in America !!!!
Very influential people sell bombs and space rockets, and the U.S. citizens are in great danger because the Non Prosecution of multiple bid riggers and frauds prove that the leaders of our government are not acting in the best interest of the U.S.
I pray that due to the extraordinary nature of this the Court will appoint a attorney or legal assistant to provide help in preparing the volumes of additional evidence I can provide, including Non prosecution agreements for the Halliburton Corporation and many more.
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.
Respectfully Submitted,
_____________________
Barry Schmittou
Address Removed From Internet Copy
Plaintiff
Certificate of Service
I hereby certify that a true and correct copy of the foregoing has been served upon Joel T. Galanter and James E. Gaylord of Adams and Reese who serve as the attorneys for the Defendant’s, at 424 Church Street, Suite 2800, Nashville, TN 37219 via prepaid U.S. First Class mail this 23rd day of July, 2011.
A copy has also been served upon the U.S. Department of Justice located at the Federal Court House in Nashville and will be emailed to top Directors of the Obama administration who receive and read my emails.
____________________________
Barry Schmittou
Address Removed From Internet Copy
