Showing posts with label lawyers. Show all posts
Showing posts with label lawyers. Show all posts

Tuesday, January 31, 2023

Chapter 3. Judge Joseph Ellis States Corrupt Court Officials Must Be Protected

Judge Ellis Final Order Protects Corrupt Court Officers and Judges

February 1, 2023. Author- Brace Impact

      On January 13, 2023, Judge Joseph Ellis issued his Memorandum Opinion and Order in four complaints filed in the Henrico County Circuit Court, dismissing the complaints and imposing an injunction on Nickolas Spanos from filing any further ethics complaints exposing corruption in the Commonwealth of Virginia.

     The complaints against corrupt court officials filed by Spanos were supported by hundreds of pages of evidence which included FBI reports, court documents, emails of court clerks stating that records and filings were tampered with, tampered court records sent to the Court of Appeals, Judge’s false statements, and numerous other documents that the defendants had accepted bribes in exchange for financial and political favors.

      The Memorandum Opinion was unethically written for Judge Ellis by McGuireWoods Counsel Brandon Santos, the attorney for Defendants Richard Cullen, James Comey, Howard Vick, William Birch Douglass III, and William Hutchens, who were previous attorneys with McGuireWoods law firm in Richmond, Virginia.

     The five McGuireWoods attorneys were accused of supporting and promoting a "White Nationalism Doctrine" along with seven co-defendants that gave special legal protection and treatment to the white, affluent middle to upper-class professionals who were clients attorneys of McGuireWoods law firm that were involved in a 600-kilo cocaine organization. As a result, the white, affluent professionals were protected from being investigated and charged for their role in the 600-kilo cocaine organization.

    The Plaintiff, Nickolas Spanos, had submitted evidence of FBI reports, court documents, and other evidence that exposed the McGuireWoods Shadow Government headed by Richard Cullen. Additionally, the complainant gave evidence that Richard Cullen had bribed several Henrico County Commonwealth Attorneys, Judges, U.S. Attorneys, and other court officials to obstruct justice in the Spanos cocaine case. 

    Spanos filed a Motion for Judge Joseph Ellis to Recuse Himself from hearing any of the ethics complaints. The Motion gave evidence of Judge Ellis's close financial relationship with McGuireWoods law firm, Richard Cullen, and having ex parte communications with Brandon Santos. Judge Joseph Ellis who works as a mediator for Juridical Solutions has a financial conflict of interest as McGuireWoods law firm is a client of Juridical Solutions, which Judge Ellis mediated litigation for McGuireWoods. Judge Joseph Ellis is paid $400 per hour for his mediation service and the average mediation is 30-50 hours. See link below:

https://juridicalsolutions.com/professionals/hon-joseph-j-ellis-ret-juridical-solutions-mediation-arbitration/

   Judge Ellis was ethically obligated to rule on the Motion to Recuse himself before presiding over the hearing, Judge Ellis refused to rule on the Motion to Recuse Himself and conducted the ethics complaint hearings which violated numerous judicial canons of Virginia. 

   The Memorandum Opinion and Order written for Judge Ellis by McGuireWoods defense counsel Brandon Santos has given evidence of judicial misconduct by Judge Ellis which Judge Ellis and Brandon Santos had ex parte communications on the details of the Memorandum Opinion and Order that Brandon Santos drafted for Judge Ellis to sign. The Memorandum Opinion and Order was signed at the end of the January 13, 2023, hearing, giving further evidence that ex parte communications took place between Judge Ellis and Brandon Santos.

    Despite Judge Ellis issuing an order on September 19, 2022, dismissing the four complaints filed by Spanos, Judge Ellis suspended the order to unethically allow McGuireWoods Brandon Santos to file a Pre-Filing Injunction on October 5, 2022. The Pre-Filing Injunction ordered Spanos not to file further ethics complaints in the Commonwealth of Virginia. Yet, each Virginia circuit court has jurisdiction over filings submitted to it and other courts cannot prohibit any court filing. 

    The Memorandum Opinion and Order contradicts itself throughout the Final Order and gives evidence of further corruption of judges, which states in part:

    "Upon consideration of the Motion, briefs, and presentations at oral argument, the Court determines that a pre-filing injunction is merited. In determining whether a pre-filing injunction is substantively warranted, a court must weigh all the relevant circumstances, including (1) the party's history of litigation, in particular, whether he has filed vexatious, harassing, or duplicative lawsuits; (2) whether the party had a good faith basis for pursuing the litigation or simply intended to harass; (3) the extent of the burden on the courts and other parties resulting from the party's filings; and (4) the adequacy of alternative sanctions."

How can Judge Ellis rule on the Pre-Filing Injunction which he had ruled that the Court has no jurisdiction to hear the matter further. McGuireWoods did not file a separate Motion for Injunction but filed the Pre-Filing Injunction after Judge Ellis issued an order stating that the Court did not have jurisdiction in this matter and no further rulings were necessary.      

  "First, in addition to the above-captioned cases, the Plaintiff’s history of litigation shows he has filed many duplicative, vexatious lawsuits generally alleging "ethics complaints" against various attorneys and judges in the central Virginia region."

   "Second, and to this end, Plaintiff’s "ethics complaint[s]" in these cases are intended to harass. As noted above, Plaintiff has repeatedly asserted this cause of action in circuit courts of the Commonwealth, and not once has he been successful. That is for good reason, as authorities in Virginia have long held that the Code does not afford Plaintiff standing to bring an ethics complaint in this Court."

The Plaintiff proved that he met the requirements to have standing in filing complaints against attorneys who harmed him and others by their actions and provided hundreds of pages of evidence to support his allegations. 

The Defendants in their Demurrers and Plea in Bar never denied the allegations and failed to defend themselves, only stating that their misconduct was protected by judicial and prosecutorial immunity.

     "Third, the burden on this Court and Defendants has been significant. Plaintiff’s Complaints in the above-captioned matters required the recusal of all sitting judges in the Henrico County Circuit Court. And, as noted above, Plaintiff has filed multiple suits in multiple jurisdictions across central Virginia, none of which have succeeded. Plaintiff has also extended the burden of his various baseless claims into appellate courts, where he is currently pursuing seven appeals at the state and federal level relating to the above-referenced "ethics complaints" filed in Henrico, Richmond, and Louisa. See Spanos v. Gibney, Case No. 22-2246 (4th Cir.) (removed from Spanos v. Gibney, CL 22-2249 (Henrico)); Spanos v. Vick, et al., CAV Record No. 1558-22-2; Spanos v. Vick, CAV Record No. 1554-22-2; Spanos v. Douglass & Hutchins, CAV Record No. 1553-22-2; Spanos v. Freed, et al., CAV Record No. 0706-22-2; Spanos v. Feinmel, CAV Record No. 0140-2202; Spanos v. Taylor; CAV Record No. 0139-22-2."

The Plaintiff has the right to petition the courts under the Fourteenth Amendment of the U.S. Constitution and has filed his complaints according to Virginia Statutes concerning the discipline of attorneys who violate the rules of the Virginia Code of Professional Conduct.

Even the Virginia State Bar's Deputy Intake Officer Jane Fletcher stated to Spanos through numerous letters supporting the Plaintiff's right to take civil action against attorneys who acted unethically and the Virginia Courts had jurisdiction to discipline attorneys. 

     "To this end, Plaintiff argues in his "Objections to the Defendants Pre-Filing Injunction" that his appeals of the above-captioned cases divested this Court of jurisdiction to hear the Motion. But this Court-in accordance with Rule 1: 1 of the Rules of the Supreme Court of Virginia-clearly suspended the order dismissing his Complaints with prejudice so that it would retain jurisdiction to hear the Motion. In this respect, the Plaintiff’s attempt to wield his appellate filings as a shield against the Motion further demonstrates the undue burden he has imposed on the judicial system."

How can Judge Ellis rule in his Final Order that the Court does not have jurisdiction to hear this matter, yet Judge Ellis rules on the Pre-Filing Injunction which is part of the matter and was filed after he issued his final order, even stating; "Given this ruling, it is not necessary for the Court to rule on other motions and defenses filed by Defendants to Plaintiff s Complaint.”

   "Finally, this Court has an obligation to protect the Court, its staff, the Defendants, and future defendants, from the harassment and expense of unfounded litigation, and to preserve valuable judicial resources. For these reasons, imposing a pre-filing injunction is an appropriate sanction under this case and the many similar cases Plaintiff has filed across the Commonwealth."

No, the Court has an obligation to serve and protect the public first and foremost, to insure that justice is served and to report unethical misconduct by attorneys and judges. The Court is obligated to follow the U.S. Constitution, Judicial Canons of Virginia, Virginia Statutes, and the SCV Rules of Court. Its obligation is not to protect the McGuireWoods shadow government that has created a criminal syndicate in the Virginia Judicial system.  

"It is therefore ORDERED, ADJUDGED, and DECREED that Plaintiff is enjoined from any further filings in this Court, or in any other court in the Commonwealth of Virginia without first obtaining leave from this Court. As a part of any motion for leave to file any such pleading or filing, Plaintiff must attach a copy of this Memorandum Opinion & Order and a detailed written statement explaining why such pleading or filing is materially different from the "Ethics Complaints" filed against the Defendants in the above-captioned actions."

Judge Ellis has violated his own Final Order, how can he order the Plaintiff not file further ethics complaints when he has ruled that the Court has no jurisdiction in this matter?  

Judge Ellis contradicts his own order, as he is stating that the "Plaintiff is enjoined from any further filings in this Court, or in any other court in the Commonwealth of Virginia without first obtaining leave from this Court", Judge Ellis is giving a clear message that Virginia Courts have jurisdiction to hear ethics complaints against attorney unethical misconduct, otherwise Judge Ellis would have stated that the Plaintiff is enjoined from filing any further ethics complaints in Virginia Courts as they do not have jurisdiction to hear these matters.

A footnote at the end of the order ironically states that Judge Ellis's Final Order is without standing:

    "This Court does not restrict whether another court of this Commonwealth can accept filings from Plaintiff, only that Plaintiff will face contempt in this Court for failure to comply with this Memorandum Opinion & Order or the accompanying court orders." 

    Judge Ellis is threatening Spanos with contempt of court, knowing that Spanos has 13 outstanding indictments for the distribution of cocaine and was publicly accused by the Henrico Commonwealth Attorneys’ office for being the "hub of a 600-kilo cocaine organization that operated in the Richmond, Virginia area for over ten years". The basis of the Complaints filed by Spanos is that numerous DOJ and court officials accepted bribes to refuse the extradition and prosecution of Spanos to prevent him from testifying against white, affluent McGuireWoods attorneys and clients.


Wednesday, April 6, 2022

Virginia State Bar has Illegally Disciplining Lawyers Without Authority.

 Virginia State Bar has no Authority to Discipline Lawyers, only "Investigate and Report"


         Numerous Virginia Codes and Supreme Court of Virginia (SCV) Rules state that only Virginia Courts have authority to discipline erring attorneys. Yet the Virginia State Bar (VSB) have been illegally disciplining attorneys without any authority, since 1976, violating legislature established by the Virginia General Assembly (VGA).

      The VSB Disciplinary Board is only authorized to investigate and report violations of the Rules of the Virginia Code of Professional Conduct (VCPC) by erring attorneys to the courts. The VSB has no authority to suspend, revoke or discipline attorneys.

       VA CODE § 54.1-3910. Organization and government of Virginia State Bar:
        "The Supreme Court “may” promulgate rules and regulations organizing and governing the Virginia State Bar. 
        The Virginia State Bar “’shall’ act as an administrative agency of the Court” for the “purpose of investigating and reporting violations of rules and regulations adopted by the Court under this article.” . . . 
        All persons engaged in the practice of law in the Commonwealth “shall” be active members in good standing of the Virginia State Bar." Code 1950, § 54-49; 1974, c. 536; 1991, c. 564; 2002, c. 306.

        The case of the U.S. Supreme Court v. Consumers Union, 446 U.S. 719, 720, (1980), which has never been reversed or modified by any court, states:
 
        Appellant Virginia Supreme Court, which claims inherent authority to regulate and discipline attorneys, also has statutory authority to do so. Pursuant to these powers, the court promulgated the Virginia Code of Professional Responsibility (Code) and organized the Virginia State Bar to act as an "administrative agency of the court to report and investigate violations of the Code." The statute reserves to the state courts the sole power to adjudicate alleged violations of the Code, and the Supreme Court and other state courts of record have independent authority on their own to initiate proceedings against attorneys. 
  
      Only the VGA has the exclusive power to establish all Virginia Courts and Tribunals:

1. Article IV. Legislature
2. Articled IV. - Section 14. Powers of General Assembly; limitations
3. Article VI. Judiciary
4. Article VI. Judiciary - Section 7. Selection and qualification of judges


      The Virginia Codes that establish the authority of Virginia Courts to discipline erring attorneys are:
  • § 54.1-3915. Restrictions as to rules and regulations.
  • § 54.1-3935. Procedure for disciplining attorneys by three-judge circuit court.
  • § 54.1-3936. Protection of client interests in proceedings pending disciplinary action.
  • § 54.1-3937. Procedure for revocation of certificate of registration of professional law corporations or professional limited liability companies.

   VA CODE § 54.1-3915. Restrictions as to rules and regulations:

       "Notwithstanding the foregoing provisions of this article, the Supreme Court “shall not” promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; “nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys.” . . . Code 1950, § 54-51; 1974, c. 536; 1988, c. 765.

The SCV RULE 13-2 AUTHORITY OF THE COURTS states:

        "Nothing in this Paragraph [Organization and Government of the Virginia State Bar] “’shall’ be interpreted so as to eliminate, restrict or impair the jurisdiction of the courts of this Commonwealth to deal with the disciplining of Attorneys as provided by law.’”  
        Every Judge shall have authority to take such action as may be necessary or appropriate to protect the interests of clients of any Attorney whose License is subject to a Suspension or Revocation."

    Clearly, the Virginia State Bar Disciplinary Board members are liable for not following Virginia Codes and the Supreme Court of Virginia Rules, which they illegally disciplined attorneys for over 40 years.  

  

Tuesday, January 30, 2018

$10,000,000 a year undeclared income by the Virginia State Bar

The $10 million a year "legal aid" shell game by the Virginia State Bar raises many corruption suspicions.


Why is the Virginia State bar's Annual Treasurers report intentionally omits the $10,000,000 income it receives from Virginia court filing fees?

http://www.vsb.org/site/about/79th_annual_report_2017

§ 17.1-278. Additional fees in certain courts; use by Virginia State Bar.

In addition to the fees prescribed by § 16.1-69.48:2 and subdivision A 13 of § 17.1-275 and to be collected by the clerk of the circuit or general district court upon the filing of papers for the commencement of civil actions in such courts, the following additional fees shall be collected in all cities and counties in which civil legal representation is provided for the poor, without charge, by a non-profit legal aid program organized under the auspices of the Virginia State Bar: (i) upon commencement of a civil action in such circuit court, an additional fee of $10 and (ii) upon commencement of a civil action in such general district court, an additional fee of $10.


The additional fees prescribed by this action shall be collected by the clerk at the time of the filing. The amounts so collected shall be paid by the clerk to the state treasury and credited as follows: (i) $9 to a special fund within the Virginia State Bar fund to be designated the Legal Aid Services Fund, and (ii) $1 to the general fund for funding of the district courts of the Commonwealth. Such amount for the district courts shall be used to assist indigent litigants. Such amounts credited to the Legal Aid Services Fund shall be disbursed by the Virginia State Bar by check from the State Treasurer upon a warrant of the Comptroller to non-profit legal aid programs organized under the auspices of the Virginia State Bar through the Legal Services Corporation of Virginia to assist in defraying the costs of such programs. However, the additional fees prescribed by this section shall not be collected in actions initiated by any local government or by the Commonwealth.




Whenever you hear the word "corporation" combined with "legal services" it rings a loud bell.

Why is the Virginia State Bar distributing the public's money, not attorneys' dues to private corporations and Non-Government Organizations?

Why are the Virginia General Assembly, Virginia Supreme Court and the other Virginia courts failing to distributing the Virginia Taxpayers' and the Public's funds directly to these private legal aid charities?

How much of Virginia Taxpayers' funds and the Public's funds paid to the Virginia State Treasurer are being wasted and squandered by the:

1. Private legal aid corporations;  and 

2.  Other private corporations by engaging in this shell game using the Virginia State Bar to launder the funds the Virginia Taxpayers' & Public's funds?













Friday, November 24, 2017

Virginia State Bar scandal- excessive salary-benefits tops $102,072 per staff.

Virginia State Bar average staff salary/benefits tops $102,072?




Remember that the Virginia State Bar is a state agency not a private organization, lets compare to their fellow state agency salaries.

State  Agency                                                     Salary
Attorney General & Dept. of Law                    $65,900
Office of the Governor                                      $60,000
Senate of Virginia                                              $51,000
Virginia House of Delegates                             $42,752
  • What kind of benefits could sky rocket the VSB's average staff compensation to $102,072? 
  • Why is this not listed in the VSB Treasurers annual report?
  • Why is the VSB staff compensation almost double that of fellow state agency's compensation?
The VSB does not give stocks or profit sharing since it is a government agency.

Health care premium per employee is no more than $1500 per year.

Other possible benefits could be; Financial & Retirement, Family & Parenting, Vacation & Time Off, & Perks & Discounts. Would these "benefits" come to $40,000 per staff?



November 20th, 2017 Blog discussed the Virginia State Bar computer/technology scandal which exceeded $2,800,000 in just 5 years, see link below:

http://virginiastatebarcorruption.blogspot.gr/2017/11/the-virginia-state-bar-excessive.html 

Its time for a Forensic Audit of the Virginia State Bar finances!


Have valuable information? contact us at:


Sunday, November 19, 2017

Virginia Attorney E. Grier Ferguson, abusing the elderly and Financial Exploitation!

The "Good old boy" system is not so good!


There is a pending case (15-254) in the Suffolk Circuit Court which involves attorney E. Grier Ferguson as the former Fiduciary for Jones AIF estate and the current Fiduciary for the Jones Revocable Trust and one of the Jones' Estates. (Mary Margaret Jones and her son Francesco Bruno Bossio are the Beneficiaries.)

Mary Jones played for many years with the Richmond Symphony


The judges in the case are sitting Judge John F. Daffron Jr. (Chesterfield, retired) and Judge Randolph West as the Judicial Settlement Conference Judge. The local Judges refused to preside over this case for conflict of interest. The Suffolk Commonwealths Attorney is Carl Phillip Ferguson, brother of E. Grier Ferguson.


Ferguson, Rawls and Raines P.C.

Randolph Alexander Raines, Jr. (seated left), Frank M. Rawls (standing) and E. Grier Ferguson (seated right), 

The main issue in this case claims that E. Grier Ferguson, Fiduciary, committed Elder Abuse & Financial Exploitation.


http://www.napsa-now.org/get-informed/what-is-financial-exploitation/

Other alleged violations include:

1. Commingling clients' funds for 7+ years and alleged misappropriation of funds:

2. Excessive Fees ($450,000.00+): Legal, "maintenance" & advanced Fiduciary fees,  "real estate commission" paid from owner's personal funds & high real estate  commission paid to another client for "behind the back" sale of family property owned since 1711 at far below fair market value & no appraisal;

3. Federal tax fraud; 

4. Insurance fraud;

5. Postal and/or wire fraud;

6. Non-waivable conflicts of interests;

7. 10+ year's neglect of 2007 fire/water/toxic mold insurance claim;

8.  Failure to repair & maintain elderly's home & property;

9. Failing to re-mediate toxic mold in elderly's home, walls, cellar & crawl space;

10. Failure to purchase correct home/property insurance for 10+ years;

11. Paying insurance premiums for 10+ years for no coverage on home,  property or for                    liability coverage;

12.  Withholding or making late monthly allowance payments for living expenses;

13.  Allowing raw sewage to flood backyard, crawl spaces & bathrooms of tje Jones' Residence,        etc. without any actions to sanitize the flooded areas;

14. Incurable procedural defects in the Defendant's the case before it was consolidated with the        Plaintiff's case; 

15. The suspension by the Court of the Plaintiff's Subpoenas for the records of Mr. Ferguson,          Ferguson Rawls & Raines, PC, the corresponding bank records, even though the Court                stated on the Record at the last Hearing that the Plaintiff was entitled to have the Court              enforce, but the Court refused again to enforce for the Plaintiff;

16.  The ongoing breaches of Fiduciary Duties by Mr. Ferguson, including his attorneys'                     advising Mr. Ferguson that he should not correct any of the huge number of egregious                 Fiduciary Duties by their client, E. Grier Ferguson;

17.  The Defendant's daily abuse of the Beneficiaries by:

       a. Failing to repair the Jones' Residence to comply with Lloyds of London's current                          requirements before their insurance policy will cover any losses;

      b.  Failing to provide college tuition to Francesco Bruno-Bossio for the current university                 academic year;

      c.  Failing to provide any support to Francesco Bruno-Bossio;

      d. Failing to have the toxic mold throughout the Jones' Residence re-mediated for 10+ years            and failing to disclose the infestation of the toxic mold to Lloyd's of London;

     e.  Waste of valuable assets of the Jones' AIF estate, the Jones' Trust and the Jones' Estate #            1
     f.  Many other related and unrelated matters and issues;

18.  The immediate removal of E. Grier Ferguson as the Fiduciary and that he must be held               fully responsible financially to fully reimburse the Jones' Estate # 2 for all financial losses           to the Jones AIF estate, the Jones Revocable Trust and both Jones' Estates;  and/or his               attorneys to fully reimburse the Jones' Estate # 2 for all financial losses to the Jones AIF             estate, the Jones Revocable Trust and both Jones' Estates; 

19.  Numerous procedural and other issues directly involving Judge Daffron's conduct in these         consolidated case which has allowed the Defendant and his attorneys to drain the Jones'             assets and funds by $450,000.00+/- in legal fees and costs, plus the value of the Jones' assets         through mismanagement, waste, breaches of fiduciary duties, neglect, alleged                               misappropriation of Jones' funds, tax fraud, insurance fraud, physical damage to the                   Jones' Residence and the Jones' vehicle ; etc.


Incomplete financial disclosure received from E. Grier Ferguson from June 2006 through the date of the Judicial Settlement Conference on November 21, 2017, is a breach of fiduciary duty and harms the Beneficiaries.

This past week, the Suffolk Circuit Court Clerk refused to record the original revocation of the Jones Trust.

See below link for all documents to support the claims:
https://www.dropbox.com/sh/vqcxsoj5oi4s5cp/AACC5GGtLmw4O-F0PcHvH1LCa?dl=0

Inside sources at the Suffolk Circuit Court have verified this information, but have chosen to remain anonymous. The sources stated that they are sickened by this type of "good old boy" cover up and that thus litigation is draining Mary Margaret Jones trust with such high legal fees going directly to E. Grier Ferguson and his attorneys and that this type of illegal behavior and abuse must be stopped!


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