process servers must keep records

Opening a door to a potential defense that apparently has largely or entirely gone unnoticed in mortgage foreclosure cases, a New York judge last month overturned a bank judgment because a process server didn’t keep records required by law.

http://liarcatchers.com/process_service.html

A former police officer working for A&J Process Service admitted to state Supreme Court Justice F. Dana Winslow that he didn’t keep records either in the Nassau County case of Soledad Murillo or in thousands of others over the past six years, Reuters reports.

Failure by a process server to keep records concerning efforts to serve a complaint on the defendant homeowner violates New York’s general business law, the judge held. A lawyer for the once-prolific Steven J. Baum foreclosure law firm, which had a local office on the same floor of the same building as A&J, argued unsuccessfully that a process server’s failure to keep records wasn’t a reason to overturn a foreclosure judgment.

“The duty to keep comprehensive records may have been unnoticed, or underestimated, by litigants and the courts,” the judge said in a Dec. 22 written opinion. “Past practice, however, cannot be the motivating force for future conduct and determinations.”

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sweetwater workers stole how much?

Eight cafeteria workers are under investigation in the Sweetwater Union High School District as officials examine allegations of widespread theft and nepotism, citing at least $500,000 in losses.

The district put six employees on unpaid leave — two supervisors, two cafeteria managers, a secretary and a food storage warehouse worker. At least two of them, the supervisors, have since resigned.

The district has hired private investigator Bob Price, president of San Diego-based ESI International, to examine the food-service department, at a cost of $64,000.

Superintendent Ed Brand said he expects the district’s insurance to fund the investigation and cover the district’s $500,000-plus losses.

Brand said documents already have been handed over to the San Diego County District Attorney’s Office. The final report, which may conclude this month, will likely urge prosecution, Brand said.

“We have asked them to help us prosecute those people who have given us a black eye in this area and we intend to make sure that everyone who has not followed our procedures will pay the consequences for that, and we are leaving no stone unturned,” Brand said.

The investigation indicates that employees stole food and drinks from cafeterias and kept the goods or sold them elsewhere, Brand confirmed. Inventory and accounting in the department were found to be irregular and inaccurate.

Food service supervisor Patty Zepeda was placed on unpaid administrative leave in July and resigned in September. Zepeda declined to comment when The Watchdog reached her last summer and could not be reached for comment this month.

Zepeda and her husband, a bus driver for the district, filed for bankruptcy July 13. Zepeda’s final salary was $64,776, officials said.

San Ysidro High’s cafeteria manager Angel De La Vega and Otay Ranch High’s cafeteria manager Gabriela Vasquez — both relatives of Zepeda — were also placed on unpaid administrative leave in July.

“This is just allegations, and I have no comment,” said De La Vega, Zepeda’s cousin.

Vasquez, Zepeda’s sister-in-law, said, “I have nothing to do with it. I don’t know what they did.

“I was never told that something was missing in the cafeteria or that something was wrong. I did everything the way it has to be,” Vasquez said. “I have some proof that is going to show my innocence.”

Vasquez said she has not spoken with the private investigator hired by the district. She said some inventory issues may have arisen when cafeterias borrowed food or supplies from each other, but said, “I did not personally take anything. The truth is going to come out. I know that.”

Food service supervisor Sandra Santizo was placed on unpaid leave in August as a result of the investigation. She said she resigned Dec. 21 after 22 years in the district. Santizo said she was not involved in or aware of any wrongdoing, and is not related to Zepeda.

“I didn’t take anything. I am an honest person,” Santizo said. “I could fight it but I didn’t want any more stress.”

Santizo’s son, Paul Santizo, works in the food services warehouse and was also placed on unpaid administrative leave in August. He has not responded to multiple requests for comment.

http://liarcatchers.com/employee_investigations.html

 

Department secretary Alicia Gastelum was also put on leave and could not be reached for comment.

Santizo said the former department head, Nancy Stewart, was rarely in the office, leaving the supervisors, including Zepeda and Santizo, in charge.

“I have never had any problems at the schools and my evaluations are good,” Santizo said.

The district said eight people are under investigation, but did not identify the two remaining employees.

Stewart said she was shocked to hear of the allegations after her departure in June and indicated family illnesses kept her out of the office much of her last year.

“It is correct that Patty had a good deal of influence in the department and I relied on her ability to bring continuity to the resolution of day to day issues,” Stewart said in an email.

Stewart left her position in June after The Watchdog reported on connections between school cafeterias and a side business she ran marketing smoothies and other products. The district then terminated most of the contract for a food distributor that was selling some of Stewart’s brands to the district.

Brand said the district hired a private investigator to ensure theft was fully rooted out.

“The D.A. will tell you up front that they do not have the staff to basically do the in-depth reporting and probably wouldn’t get to it, and they are very familiar with Price and his work,” Brand said. “We are still concerned that we have people in the organization that haven’t told us the entire truth, but we believe that we will get to the bottom of it by the time we are done.”

The District Attorney’s Office would not say whether it is investigating the district’s food service department.

The office is pressing unrelated criminal charges against two school board members, a former board member and the former superintendent, Jesus Gandara, as well as a construction executive, alleging they engaged in a corrupt pay-to-play culture when awarding construction contracts. The defendants have denied wrongdoing and are set for arraignment on Friday.

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David Zimmer, pedophile arrested

A convicted pedophile was caught taking photos of a 9-year-old girl in Borough Park and cops are trying to find out if he had illicit contact with other children.

http://liarcatchers.com/pedophile_tracking.html

David Zimmer, 40 was arrested Jan. 2 for photographing the child in the hallway of the Brooklyn building where they both live.

The neighborhood locksmith was charged with endangering the welfare of a child and harassment, police said.

The picture was not lewd, but he is not supposed to have contact with children, police said.

Zimmer is registered as a sex offender

. He was arrested in March 1999 for sexually abusing a 10-year-old girl.

After his arrest last week, he told cops he had photographed children in the past, said a police source.

Investigators seized his home computer but it’s unclear if they found anything of importance.

“None of the pictures he took were inappropriate,” Zimmer’s brother told the Daily News. “My brother is a very kind, sweet person.”

Zimmer’s father shrugged off his son’s earlier conviction, claiming he had been entrapped by a 10-year-old “prostitute.”

“The police have nothing,” Izzy Zimmer said. “It wasn’t his camera.”

Police asked anyone who knows of children that may have been in contact with Zimmer to call the NYPD confidential CrimesStoppers tipline at 1-(800)-577-TIPS.

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New Jersey School Board members ineligible

TRENTON, N.J. — New Jersey says 183 school board members received letters this past week they must vacate their posts for failing to submit to criminal background checks required under a new state law.

http://liarcatchers.com/background_checks.html

But the number who end up permanently giving up their positions may still drop.

State Education Department spokesman Justin Barra says the letters of ineligibility will be rescinded for anyone who cleared a background check before the letters went out. And he says members who clear background checks after getting the letter may still be reappointed by their county school superintendents.

In the meantime, superintendents are to begin appointing replacement board members.

School board members and charter school trustees had to complete the reviews by Dec. 31.

More than 4,500 background checks have been completed, with only 13 officials disqualified as a result.

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Archdiocese calls story a dark day for journalism

​We’ve been getting quite a range of reaction to yesterday’s cover story on Mother Teresa’s links to convicted pedophile priest Donald McGuire. Documents obtained by SF Weekly indicate that the “Saint of Calcutta” might have urged Jesuit officials to overlook a sex-abuse allegation against McGuire by a Walnut Creek boy in 1993.

http://liarcatchers.com/pedophile_tracking.html

We asked multiple church officials for comment prior to publication. The Missionaries of Charity (MT’s order of nuns), the Jesuits, the Vatican-deputized investigator of MT’s sainthood case, and the Archdiocese of San Francisco all declined to talk or did not respond to our calls and e-mails. But now the San Francisco Archdiocese has commented on the story for Univision Channel 14, which ran a story based on our reporting.

According to Univision:

La arquidiócesis de San Francisco expresó su tristeza ante las acusaciones del Weekly y destacó en un comunicado que ni siquiera el propio autor del reporte estaba seguro de que las cartas fueron escritas por la Madre Teresa.

“Estoy seguro que en su bondad la Madre Teresa perdona este vergonzoso ataque, pero es un día sombrío para el periodismo”, añadió.

Bilingual SF Weekly Staff Writer Lauren Smiley translates:

The Archdiocese of San Francisco expressed its sadness about the Weekly’s accusations and highlighted in the press release that even the story’s author wasn’t sure if the letters were written by Mother Teresa.

“I am sure that Mother Teresa, in all her goodness, would forgive this shameful attack, but it is a dark day for journalism.”

We called the archdiocese for further comment, particularly on the strong indications that the letter — which you can read here — was written by Mother Teresa, though it is unsigned. We’ll let you know if we hear back.

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Sloppy service has legal consequences

NEW YORK, Jan 12 (Reuters) – A process server working for a once-prolific foreclosure law firm in upstate New York broke the law by failing to keep any record of papers served in a 2008 foreclosure case, a Long Island judge has ruled, giving defense attorneys a new angle to explore in foreclosure cases as they seek to buy time for their financially beleaguered clients to modify or refinance their mortgages.

Gary Cardi, a former police officer contracted by A&J Process Service — which has offices on the same floor in the same building as the foreclosure firm Steven J. Baum PC — admitted in Nassau County court last October that he didn’t have any record of serving foreclosure papers on Soledad Murillo in 2008. In fact, he told state Supreme Court Justice F. Dana Winslow during an October hearing, he hasn’t kept records of any of the “thousands” of cases he served over the last six years.

http://liarcatchers.com/process_service.html

An attorney for the Baum firm, Victor Spinelli, representing foreclosing bank U.S. Bank NA, told Winslow that he thought the failure to keep tabs on service wasn’t a reason to overturn a foreclosure judgment against Murillo under New York law.

But Winslow disagreed. Not only was Cardi required to keep some record of his attempts to serve Murillo, Winslow ruled, but his failure to do so violated New York General Business Law Article 8, which defines and outlines the duties for process servers — including, Winslow said, the need to keep “legible” records of service.

“The duty to keep comprehensive records may have been unnoticed, or underestimated, by litigants and the courts,” Winslow wrote in a ruling dated Dec. 22. “Past practice, however, cannot be the motivating force for future conduct and determinations.

“The need, particularly in this economic environment and under these telling circumstances, for valid and reliable proof of service, mandates the rejection of ‘trust me,’ and the adoption of ‘show me,'” Winslow wrote.

‘THIS WILL BECOME THE TOOL’

Steven Baum, the founder of Baum PC, announced last November that he was closing his firm, shortly after government-backed mortgage giants Fannie Mae and Freddie Mac barred loan servicers from referring new cases to his firm in the wake of federal and state investigations into the firm’s alleged foreclosure abuses.

In a statement, Baum told Reuters that his firm used A&J in addition to other vendors to serve foreclosure papers.

“I believe the judge erred in failing to recognize that records do not have to be kept for more than two years from date of service, either by the process server or their employer,” Baum said — meaning that Cardi’s duty to keep tabs on the alleged service to Murillo would have ended on April 5, 2010.

Traverse hearings — which are held to determine whether parties were properly served — are still a relative rarity in foreclosure cases, said Rebecca Grammatico, an attorney at the Empire Justice Center who works on foreclosure issues.

But defense attorneys in foreclosure cases may find a useful new approach in the wake of Winslow’s ruling, Grammatico said.

“Time is frequently the thing you really need,” she said. “This will, for many petitioners across the state, become the tool.”

It is possible that other defendants who were served by Cardi or another server who failed to keep records could use Winslow’s ruling as a way to get judgments against them vacated, Grammatico added.

But Murillo was lucky in that her employer kept detailed logs of her daily movements, so she could produce something to cut through the “he said, she said” typical of traverse hearings, said Michael Witugow, senior staff attorney at Nassau Law Services Committee Inc.

Murillo also had the benefit of having her case heard by Winslow, whom Witugow described as the “rare judge out here willing to address issues” of possible foreclosure abuse by banks such as inaccuracies, incompleteness and outright fraud.

‘DIRECTION OF FAIRNESS’

Generally, process service is well-documented, particularly in foreclosure cases, according to Lawrence Yellon, president of the National Association of Professional Process Servers, who is based out of Nassau County.

Yellon called Cardi’s case “very unusual,” given the stringent regulations governing process service within New York City and state.

“The people who specialize in foreclosure service really know their business,” Yellon said. “If you can serve foreclosure in New York state, you can serve anything.”

But Winslow’s ruling underscores the frustration Grammatico says she has heard some judges express about practices once assumed to be common — and legal — in foreclosure prosecutions.

“That’s why we have issues with standing or robo-signing — for so long, that’s just the way it was done,” Grammatico said.

“But now people dedicated to this work are coming up with these new strategies to approach these foreclosure cases. I believe the pendulum is finally swinging in the direction of fairness.”

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LOCATE program to find missing persons

You’ve seen the news reports all too often: someone with a developmental disability or a medical condition such as dementia or autism wanders away, and first responders and volunteers scour the area in a desperate search amid darkness, weather and other dangers.

Local agencies in Pierce County are teaming up to support a system that reduces the search for the community’s most vulnerable residents to a matter of minutes.

The system, known as EmFinders, utilizes a cellular device about the size of a wristwatch. If a loved one wanders off, caregivers first notify 9-1-1 and then call EmFinders, which activates the device. That activation prompts the device to call 911, enabling emergency dispatchers to quickly locate and return the missing person. The E911 cellular triangulation technology, unlike GPS, can locate inside buildings, under canopies, and in wooded areas.

http://liarcatchers.com/missing_persons_investigations.html

“We are called upon to search for dozens of people throughout the year. Some of them cannot aid in their own rescue,” said Pierce County Sheriff Paul Pastor. “In this climate, every second counts. This technology helps first responders save lives by quickly locating some of the most vulnerable members of our community.”

PAVE, a statewide nonprofit organization that supports families with loved ones who have disabilities, has a limited number of scholarships available to defray the initial cost of the wireless locator bracelet. Participating families will have to pay the monthly service charge, which rides AT&T’s cellular network. PAVE received a $5,000 grant from Pierce County Community Connections, which manages safety net programs for county government, to help get the program started.

“Imagine the parent who looks away for just a minute and the child with special needs has disappeared. There is an immediate sense of fear that can happen with this scenario. We hear concerns from families who have loved ones who are prone to wander, and we understand their dread,” said Tracy Kahlo, PAVE’s Executive Director. “We are proud to work with Pierce County and other partners to provide access to a system that adds a layer of security and peace of mind.”

More information is available online at www.projectlocate.org or by calling PAVE (“Partnerships for Action, Voices for Empowerment”) at 800-572-7368 or 253-565-2266.

A live demonstration on Thursday included the Sheriff’s Department’s presentation of a Certificate of Achievement to Paula McCullough, a parent advocate and PAVE volunteer from Bonney Lake who has championed the need for a tool in Pierce County to locate loved ones prone to wandering.

The EmFinders system has resulted in 94 successful rescues in 19 states during the past year. Here are links to media coverage about three of them in Spokane, Long Beach, CA, and San Jose, CA.

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Greenwich Village smoke shop in Manhattan sees identity theft

ALBANY, N.Y. (CBSNewYork/AP) – New York Attorney General Eric Schneiderman says seven people have been arrested in an identity theft scheme that netted more than $1 million in products and gift cards by tapping consumer charge accounts in four states.

Schneiderman has accused the suspects of using the stolen information — including names and Social Security numbers — to make fake driver’s licenses in a Greenwich Village smoke shop in Manhattan to impersonate consumers with credit at major retail stores.

http://liarcatchers.com/identity_theft_investigation.html

EXTRA: Read The Complaint

The defendants are accused of hijacking over 180 customer’s accounts at Home Depot, Sears, Kmart and Kohl’s to get merchandise and gift cards which they later sold for a profit.“These individuals systematically victimized over 180 New Yorkers in an elaborate scheme to line their own pockets,” said Schneiderman.

The defendants include Phillip Smith, 54, the ring’s leader; Melissa Morton, 24, who allegedly impersonated female identity theft victims at major stores in New York, New Jersey, Pennsylvania and Connecticut; Mahmoud Abdul Hussein, 27, Ali Abdul Hussein, 33, and Fadal Abdul Hussein, 22, – three brothers who allegedly manufactured fake driver’s licenses; and Francis Hidalgo, 44, and Randy White, 56, who are alleged to have resold the illegally obtained store credits or used them to buy material for their businesses.

During the investigation, authorities intercepted phone calls between the defendants.

Schneiderman said during one conversation, Smith warned White that the fraudulently obtained Sears store credits had to be used “right away” otherwise “they [would] go bad.”

Charges include conspiracy to commit access device fraud, conspiracy to produce fake driver’s licenses and aggravated identity theft.

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GG’s Island Restaurant Fire

RANCHO MIRAGE — Inside the fire-ravaged landmark are the wreckage of what was once a restaurant and the bones of what was once a remarkable structure.

http://liarcatchers.com/arson_investigation.html

Only a few things are untouched by soot — the dinner knife tossed aside, some overturned tables, the two bottles of liquor still on the bar.
The sound equipment near the entrance is melted. The bar above the kitchen caved in, crashing down to the counter.
The ceiling beams somehow survived the flames that destroyed the roof, leaving behind a faux skylight that casts an eerie glow inside.
“The building is still intact in the most crude but biblical fashion. It looks like Noah’s ark to me,” said Karan Kler, attorney for the building’s last tenant, GG’s Island.
On Wednesday — the day after a fire destroyed the distinctive stone-and-timber building in Rancho Mirage — Kler invited three Desert Sun journalists inside.
Private fire investigators were surveying the building, which was designed by Kendrick Bangs Kellogg in 1977 and earned national acclaim for its unique design.
More than 50 firefighters fought the blaze for nearly nine hours early Tuesday.
“A building with that kind of extensive heat and fire damage would normally fall down, but it was so fantastically built — architecturally and structurally,” Kler said.
It could be days or weeks before investigators determine the cause of the blaze, which caused an estimated $5 million in damage, Riverside County fire Capt. Mike Smith said.
It was too soon to say Wednesday what will happen to the building, said Michael Braun, senior vice president of Wessman Development Co. of Palm Springs, which owns the building and leases to GG’s Island.
“The building was destroyed 24 hours ago. It will take a while to unravel all the legal issues,” Braun wrote in an email, declining further comment.
The fire put a spotlight on a dispute over the ownership of the restaurant, which previously had been a Chart House for many years
The noisy dispute, known to present and former employees as well as scores of other people in the close-knit restaurant business, has led to speculation that the fire was set.

Craig Marlar, who operated Bananaz Tropical Grill in the building, sold the restaurant to Saad Said last May.
Marlar said the transaction was never completed and claims he still owns the restaurant. He said he had been trying to force Said out of the business by trying to get his liquor license revoked.
Kler said Said owned GG’s Island and that he has “absolutely no idea” why Marlar would say he was still the owner.
The Palm Springs Preservation Foundation, whose members advocate throughout the valley, will push for the building to be remodeled, or at least for the exterior not to be demolished, president Ron Marshall said.
“That’s almost never a good solution, because virtually every building can be restored to some level of functionality,” Marshall said.
Marshall remembers when he first drove by the building six years ago.
“I almost gasped. It was such an odd little building,” Marshall said. “It almost looked like a sea creature perched on the side of the road.”
Marshall pulled over, peered into the windows and drove straight home to research the architect.
“He has these incredibly genius-like buildings that he’s built all over the country. This is one of the best ones, I think, because it’s so organic,” Marshall said.
If Wessman decides to remodel the building, GG’s Island owner Saad Said would reopen his restaurant “in a heartbeat,” Kler said.
Said recently began interior renovations, including removing TVs “to go with the flow of the place,” Kler said. He hoped to transform the tiki-themed nightclub into a “very high-class” jazz lounge.
Instead, the restaurant is now blocked off from public view by green construction fencing, and yellow crime scene tape stops drivers from entering the parking lot.
The future of the building is not up to GG’s Island.
“It is so beautiful, but it’s Mr. Wessman’s property,” Kler said. “He has the insurance. He’s the man to decide what he wants to do with it.”
Kate McGinty covers public safety and the city of Desert Hot Springs. She can be reached at (760) 778-6451

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Mark Himebaugh of Del Haven, Cape May County $25000 reward

DEL HAVEN, N.J. (CBS) – A new reward is being offered in a 20-year-old missing persons case.

http://liarcatchers.com/missing_persons_investigations.html

“I want to believe he could be out there, safe”, says Maureen Himebaugh.

She should have been able to watch her son Mark grow up right in front of her eyes, instead she only sees an artists renderings (below) of what her son would look like now if he is still alive

“Mark disappeared on a Monday, I remember the day like it was yesterday. I can still feel him, see him.”

Mark Himebaugh of Del Haven, Cape May County was 11 when he disappeared in November 1991. He was last seen at a nearby park with a girl from his neighborhood.

“She was with him and then he left to go home and that was it,” says police chief Christopher Leusner.

Mark Himebaugh, age 11
His mom had been delayed on an errand and when she got home, Mark hadn’t returned. Police searched everywhere into the evening.

It wasn’t until later that they found his sneaker on the beach near his home.

Investigators in the Middle Township Police department will never give up on this case and on Wednesday police announced a reward posted by an unnamed client of a local lawyer who saw the 20th anniversary coverage of the case and wanted to help.

The new reward is $10,000 for the discovery of Mark Himebaugh and $25,000 if it leads to his safe return home.

Artists Rendering of Mark Himebaugh at age 31
“I’m very appreciative it brings the case out again”, says Himebaugh.

“I hope the money inspires people to come forward with info,” says her former neighbor Tim Kinkade.

Himebaugh’s neighbors still remember the shock of that day.

“I can’t imagine what she goes thru everyday,” says Susan Jackson

She keeps her hopes up, thanks, in part to the return of Jaycee Dugard 18 years after she was kidnapped in California and she says if mark is out there.

“I want mark to know I’m still standing and I’m going to be here when he gets home”, says Himebaugh.

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