Showing posts with label WITNESS. Show all posts
Showing posts with label WITNESS. Show all posts

Thursday, August 23, 2012

Using TRAPWIRE to investigate misconduct in the Police State?

Good Cop, Bad Citizen? As Cellphone Recording Increases, Officers Are Uneasy

Posted Mar 1, 2012 4:40 AM CDT
By David L. Hudson Jr. from ABA Law Journal

  •  
image

A plainclothes Maryland state trooper approaches speeding suspect Anthony Graber, who captured the encounter with a camera atop his motorcycle helmet and later posted the video on YouTube.
Walking past Boston Common, the city’s august park, in 2007, attorney Simon Glik noticed several police officers arresting a young man. Glik heard another bystander say he thought the police were using excessive force. So he pulled out his cellphone and began shooting video of the incident.



After arresting the young man, one of the officers turned to Glik, saying, “I think you have taken enough pictures.” When the officer asked Glik whether his audio recorder was on, Glik acknowledged it was. Glik was then arrested for violating a state wiretap law and two other state offenses.
The charges were subsequently dropped, but for Glik that was just the beginning. He filed a constitutional tort suit alleging violation of his First and Fourth Amendment rights. The officers filed a motion to dismiss, contending they were entitled to qualified immunity, enabling government officials to avoid liability if they don’t violate clearly established constitutional or statutory law. But a federal district court denied the officers’ claim.
And last August, the 1st U.S. Circuit Court of Appeals at Boston ruled in Glik v. Cunniffe that the officers violated Glik’s clearly established constitutional right to video-record the police performing their duties in public.
“Our recognition that the First Amendment protects the filming of government officials in public spaces accords with the decisions of numerous circuit and district courts,” the panel wrote. The case went back to the federal district court and the parties are in discovery.
With the ubiquity of cellphones, the ease of video-recording and the availability of such websites as YouTube, people can respond quickly to police incidents and broadly circulate the recordings.

POINT AND SHOOT

“The prevalence of cellphone cameras with high enough resolutions for people to record the police and then be able to disseminate it over the Internet” is a major reason for the video-recording, says Boston attorney Jeffrey P. Hermes, director of the Citizen Media Law Project.
But law officers are often uncomfortable. “Many officers are also uncomfortable that their activities might be displayed on the Internet and otherwise widely distributed,” says Portland, Ore., lawyer Bert P. Krages, who specializes in the area. “Some also have the impression that photography presents a security risk and are acting according to a post-9/11 mentality.”
Adds Krages: “Law enforcement personnel are still grappling with the idea that ordinary citizens have the right to take images, whereas previously such photographs and videos were taken by professionals employed by traditional media companies.”

“When you talk about citizen journalists, there is also a slightly different relationship between those individuals and the police and the relationship that many mainstream journalists have with the police,” Hermes says. “Those mainstream journalists who cover the police have developed an understanding with the police that many private individuals have not.”
The 1st Circuit found it irrelevant that Glik was a private citizen rather than a professional journalist. “The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cellphone or digital camera rather than a traditional film crew,” the court said. “Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.”

CASES IN PLAY

Glik is far from the only case. The American Civil Liberties Union of Illinois also has a case pending in the Chicago-based 7th Circuit that challenges the constitutionality of the Illinois Eavesdropping Act, as it applies to making video and audio recordings of police performing their public duties.
ACLU of Illinois v. Alvarez, filed in August 2010, claims the broad nature of the Illinois law may expose ACLU members to arrest. “The act makes audio-recording police officers in these circumstances a felony,” the complaint states. “Due to a reasonable fear of arrest and prosecution, the ACLU is restrained from engaging in this conduct.”
A federal district court dismissed the case as moot in October 2010 and the ACLU appealed. Oral argument took place in the 7th Circuit last September.
In May 2011, Emily Good was arrested in Rochester, N.Y., for taking video of police conducting a traffic stop on the street in front of her yard. According to published accounts, police told her they didn’t feel safe with her there. She was later taken into custody.



In April 2010, Anthony Graber faced an indictment in Abingdon, Md., after he recorded a state trooper giving him a ticket and then posted the video on YouTube. Graber, a 25-year-old staff sergeant for the Maryland Air National Guard, was riding his motorcycle down Interstate 95. On top of his helmet was a camera he often used to record his journeys.



The camera was rolling when an unmarked gray sedan cut him off. A man wielding a gun emerged from the driver’s side, yelling at Graber and ordering him to get off his bike. Only then did the state trooper identify himself and holster his weapon. Graber was cited for doing 80 in a 65-mph zone.
Graber accepted his ticket, then posted his video. A few weeks later, he was awakened by six officers raiding his parents’ home, where he lived with his wife and two children. He learned later that a grand jury indictment alleged he had violated state wiretap laws by recording the trooper without his consent.
“Police justifications come in a few different flavors,” Hermes says. There are security concerns and charges of violating wiretap laws, which vary by state. But police also claim they are covered by qualified immunity. The doctrine shields government officials from liability for the violation of an individual’s federal constitutional rights—so long as the official’s actions, even if later found to be unlawful, did not violate “clearly established law.”
David Milton, a Boston-based attorney who represents Glik, points to the 2010 case Kelly v. Borough of Carlisle. There the 3rd Circuit at Philadelphia granted qualified immunity to a police officer who arrested a passenger in a vehicle he had pulled over for speeding. The officer discovered the passenger was video-recording him and claimed the passenger violated Pennsylvania’s Wiretap Act. The appeals court determined that the officer was entitled to qualified immunity because he reasonably believed he had the authority to arrest the passenger.
Part of the problem, Milton says, stems from a 2009 U.S. Supreme Court decision, Pearson v. Callahan, in which the justices said lower courts had the option of deciding cases based on whether the law was clearly established, without first determining whether there had been a violation of individual constitutional rights.
But Glik altered the balance, saying there is a clearly established right to monitor the police.
“On the First Amendment issue, the concept that there is a clearly established right seems consistent with prior case law in the 1st Circuit and the experience of media recording in public as long as there have been video cameras,” Hermes says. “For decades we have had television stations recording in public and not facing sanctions.”
 Adds Milton: “What is so good about the 1st Circuit decision in Glik is that the judges recognized that even though there may not be a prior case of a police officer in a park with a person on a cellphone, basic long-standing First Amendment principles clearly apply to the situation even though it involves new technology.”
Although there is no Supreme Court ruling that finds a right to record in public, Hermes says, many believe there is a clearly established constitutional right to monitor the police.
“Police serve a vital function and most law enforcement officers are very decent people who should be commended,” Krages says.

“However,” he adds, “the police are in a position to grossly abuse civil liberties, and the bad ones cause a lot of harm. In many situations, a determination of what actually happened comes down to deciding whether the officer is more credible than a suspect or citizen. Consumer-level imaging, particularly video, has captured images of officers acting very inappropriately in all sorts of situations.”
Learn more about Professor Hudson here... http://law.vanderbilt.edu/hudson or visit his website at http://www.davidlhudsonjrbooks.com/index.html

glad to know ya!

^ed

David L. Hudson Jr. is a scholar at the First Amendment Center where he writes for the Center’s website, speaks to the media and lectures on a variety of First Amendment issues. He is the author, co-author or co-editor of more than 35 books, including Let The Students Speak: A History of the Fight for Free Expression in American Schools (Beacon Press, 2011), The Encyclopedia of the First Amendment (CQ Press, 2008)(one of three co-editors), The Rehnquist Court: Understanding Its Impact and Legacy (Praeger, 2006), and The Handy Supreme Court Answer Book (Visible Ink Press, 2008). He has written several books devoted to student-speech issues and others areas of student rights. He also serves as a First Amendment contributing editor for the American Bar Association's Preview of United States Supreme Court Cases. Professor Hudson teaches First Amendment and Professional Responsibility classes at Vanderbilt.

LEARN MORE ABOUT ME HERE. Powers That Beat
..


Using TRAPWIRE to investigate misconduct in the Police State? 

by Elyssa Durant, Ed.M. Policy Analyst and Citizen Journalist with a Camera Phone


I was trying to de-escalate the situation with the local Police Department since I realize how much danger this city is in given recent laws to persecute Muslims and people who were not born in the United States 287(g)
However, after watching the violence erupting around me, knowing that I am the primary target [thanks to COINTELPRO agent provocateurs] and being questioned by the police about my twitter stream, I really don't give a fuck.
These people have no idea how they are being manipulated by disinformation agents, toxic living conditions and a system that is far more corrupt than even I imagined.
The "monitor" who controls the surveillance cameras clearly has some special deal with Metro because despite all the violence that broke out, he finds the time to threaten, harass and stalk me ignoring the fact that several residents threatened me after spooks came in and told people to stay away from me or they will "get in trouble"
WHAT THE FUCK? I have no history of violence and have never even been in a fight,I weigh 124 pounds and all these people are afraid of me? Do I "look dangerous" because I am quite certain it won't be long before someone makes another attempt on my life.
Much like Trayvon Martin, I was told police were on there way after a man threw a brick through my window and then chased me down the street.
I was on the phone with 911 the whole time screaming "HELP, HELP, HELP" yet the police claim they did not want to waste radio space to update status of my call to a Code 3. Are you fucking kidding me?
911 told me to return to the scene of the crime where I was assaulted a second time, and the cops didn't even bother to arrest him or take witness statements. In fact, the officer would not even step out of the car to speak with me because he did not like the way I was dressed.
Because no action was taken against the man that assaulted me and vowed to kill and my father (who just happens to be a former Fed) I constantly carry my iPhone because the cops claim they did not have enough evidence to arrest this man. They never bothered to check the surveillance camera and did not take statements from additional witnesses.
They did, however take issue with the fact that I placed a video on YouTube and were even more upset that I contacted a former colleague in the Mayor's Office who then requested an investigation. They sent two Lieutenants to my home; one was aggressive and disrespectful and was more interested in what book I was reading and my website than the facts of the case.
I was told that they would follow up with the other witnesses who would corroborate my story, and that a Special Operations Unit and Gang Unit would be contacted regarding the racial comments that became commonplace every time I left the apartment.
One man hung up Nazi flags, another started praying in Muslim and all hell broke loose in the neighborhood. I became a target because I was white in a Black neighborhood, and apparently that alone was enough to incite hatred among the other tenants and I feared for life each time I left my apartment, so the police told me NOT to leave my home. THAT IS OUTRAGEOUS.
The other tenants became more and more abusive and violent since they now had a new sense of entitlement because they knew the police would not take action.
It is worth noting that even after I left, the violence continued to escalate and one women was stabbed and several other injured in fights that broke out in the hallway. The cops still did not arrest the people who continue to live in the neighborhood, and some of them have shown up here at my new apartment to harass me and spread rumors.
The neighbors here have suddenly became abusive and overly concerned with my religion and it seems the writing is on the wall. They think my healthy paranoia is "suspicious" and I think their behavior is outrageous.
They constantly stand outside my window and scream at me and the "monitor" called the police on me after he threatened me and told me I was not allowed to go near a "white car." There were SIX white cars, two of which have no tags, so how am I to know which white car is the one who stopped me at the mailbox and told me that two men were knocking at my door and were here to beat me up?
I may very well be the next Treyvan Martin and if so, so be it. I am old enough and experienced enough to know that these people do not see the bigger picture~ that they are being used to as examples to bring down the police state and usher in the New World Order.
I leave these notes because I do not know if I will get shot at today, tomorrow or next week, and I think it is important to let people know that I have spent my entire life studying gang violence, and have fought hard against police corruption and discrimination so regardless of what happens to me, I do not want my work (or experience) to be in vain.
I am one of the good guys, and if you can't see that by now... then take some time to look through some of my publications which are systematically being removed from the internet by groups like Anonymous, Lulz, and AntiSec.
This breaks my heart, but I am fighting a losing battle. I am starting to question my commitment and given the communities response~ I am not sure if they are worth the sacrifice.

That's all for today. This is the Daily Dose for March 29, 2012.

Just me,

e

@ELyssaD 


ANOTHER POST THE POLICE TOOK ISSUE WITH:

Metro Nashville Police Department continue to cover up crimes by failing to follow established code of conduct in lower income neighborhoods.

Some power hungry police officer demands to search my iPhone after he notices I am video taping the MNPD who took three hours to respond to multiple neighbors call 911 after witnessing multiple violent assaults against two women and one man on Monday evening.

I called 911 after two people approached my window threatening my life for being a "cracker Jew bitch" and threw a brick through my window where I was working on two projects about Cointelpro as a driving force behind the Occupy movement that is being funded by The American Nazi Party and the Lucis Trust.

I was interviewing someone who had been involved with Nazi medical experiments and how it effected his four children who suffer with a variety of neurological and psychological problems that are typical of victims of Mengele's subjects.

I had just received notification from the copyright office (USTPO) in Virginia that my submission was approved and was thrilled to learn that my publications and identity would be protected under trademark and copyright laws since I received several take down notices from the police and google that my site was in danger of being seized due to the number of complaints received about the content: THE TRUTH.

Ironic when I noticed which posts were being removed due to the sensitive nature (and my vast knowledge) about the true purpose of organized, controlled opposition as a driving force to escalate domestic unrest designed to incite violence justifying a Police State ushering in the New World Order.

This is not the first, second, or even third time I have been stopped by undercover police or random uniforms knocking on my door to search my cell.

One cop came running after me, demanded to see my cell phone and after running my license to check for warrants (which seemed extreme) and finding none, he wrote up an incident report for "suspicious behavior" for video taping a crime scene. 

He not only searched my cell phone without a warrant, but proceeded to DELETE crime scene photos.  

THAT IS A VIOLATION OF BOTH THE FOURTH AND THE FOURTEENTH AMENDMENT, AND THAT'S ABOUT AS SERIOUS AS IT GETS. 

RELEVANT HISTORY THAT HAS NEVER BEEN MADE PUBLIC:

Despite being a "confidential" informant in an undercover sting operation that went bad [way bad] in 2009 at the request of the Mayor's Office and several police officers not to be named at this time, I became an informant when I saw people selling prescription drugs to teenagers in DCS custody.  

I wanted it to stop, and at the police sergeant's request, I agreed to work with the Crime Suppression Unit to keep these kids from inevitable path to lifelong addiction and criminal behavior.

 I was instructed to report on the illegal activities, which included taking down license plates and traffic patterns indicative of illegal drug sales.  

After lengthy discussions with my contact in the department,  the majority of all follow up communications were via e-mail on my cell phone so my neighbors would not hear me discussing the situation.

That fateful day my cell was jammed and hacked, I was unable to receive or send critical communications to alert me that shit went bad, and my cover was blown.

None of this ever made it though the network, and the e-mails reside on a microchip that is an UNDISCLOSED LOCATION with about 40 back ups at the ACLU, FBI, and Nightly News just in case something happens to me before I transfer out of here into a safer jurisdiction.

That was the first, but not the last time my cell was jammed and hacked.

I could not receive communications or directions from the crime suppression unit, and I wound up being assaulted and hospitalized after one of  the bullets hit my window. 

I was promised a police escort and advanced warning, but they never showed up, until they did with automatic assault rifles at my front door. 

It was too late.

I have never disclosed those emails, however they have since been accessed by hackers from Lulz, AntiSec and whoever accessed my computer when I was out of town this time last year. 

How do I know? Because the PC hadn't been turned on in several years and the last ten documents opened were my detailed call records and an e-mail to a certain politician who also had his cell phone records searched and used against him in an ugly court battle and political campaign.

SO, they're you have it folks The truth, the whole truth and nothing but the truth, so help me [aliens]

Now, an obvious target by the police department, I am constantly harassed, stopped, searched, interrogated or subjected to "unofficial complaints" of harassment that always seem to follow a pattern I know all too well.

SO, when the investigator tries to tell me that I would not make a good witness since I called 911 from my closet AFTER the brick came through my window, what they mean is, we will make sure your credibility is destroyed through false reports, and constant harassment should you ever decide to sue us for police misconduct.  

Well, fuck you!

After yet another incident where the police failed to respond to a life threatening situation in a timely manner, insult and intimidate me, three times in 24 hours, then ultimately release the suspect claiming there is not enough evidence??

I CALL TRAPWIRE!!
When you refuse to take witness statements; reveal your name or badge numbers, and another violent criminal continues to terrorize me for months on end, and the police refuse to review the live feed trapwire video that would show beyond any shadow of a doubt that this man assaulted me AND three other individuals within minutes of being released?

No evidence? Check the fucking surveillance cams just above the the scene of the crime.

Hell, check MY surveillance cam! I don't leave home without it!


Just me,

e
@ELyssaD


hatecrimes6.pdf Download this file


http://ise.gov/sites/default/files/ISE_Annual_Report_to_Congress_2012.pdf


ISE_Annual_Report_to_Congress_2012.pdf Download this file

Tuesday, November 29, 2011

One Last Appeal: Occupy Nashville [I don't think anyone heard my LAST appeal]

Uploaded by elyssadurant on Nov 29, 2011

Setting up livestream video so next time the world can see how the Police responded after multiple neighbors called 911 in Metro Nashville, Davidson County, Tennessee.

Property Management has not even returned a single phone call and I left countless messages to follow up and report FOUR victims of separate felony assault incidents that occurred last week in Metro Nashville, TN.

Attacked twice in my apartment complex?

Police made one arrest for felony assault and released them a few hours later.

TWO of these assaults were direct threats on my life, and that resident has yet to be taken into custody.

Police told me not to leave my apartment until MDHA removes the tenant.

That does NOT relieve them of their responsibility to investigate or arrest the man who is admitted he was trying to kill me.

He missed my head by less than one foot perhaps only because the safety glass (which he shattered) slowed the trajectory.

OCCUPY!

אל
Category:

News & Politics
Tags:

* OccupyNashville
* MNPD
* Police
* Corruption
* Surveillance
* Nashville
* Tennessee
* Crime
* OWS
* Illuminati
* Documentary

License:

Standard YouTube License

Posted via email from DailyDDoSe

Monday, December 6, 2010

Cayman Islands Bank Gets Wikileaks Taken Offline in U.S. — Updated with Links | #deeplinks

Cayman Islands Bank Gets Wikileaks Taken Offline in U.S. — Updated with Links

Launderedmoney_2

Wikileaks, the whistleblower site that recently leaked documents related to prisons in Iraq and Guantanamo Bay, was taken offline last week by its U.S. host after posting documents that implicate a Cayman Islands bank in money laundering and tax evasion activities.

In a pretty extraordinary ex-parte move, the Julius Baer Bank and Trust got Dynadot, the U.S. hosting company and domain registrar for Wikileaks, to agree not only to take down the Wikileaks site but also to “lock the wikileaks.org domain name to prevent transfer of the domain name to a different domain registrar.” Judge Jeffrey White in the U.S. District Court for Northern California signed off on the stipulation between the two parties last week without giving Wikileaks a chance to address the issue in court.

The Julius Baer Bank, a Swiss bank with a division in the Cayman Islands, took issue with documents that were published on Wikileaks by an unidentified whistleblower, whom the bank claims is the former vice president of its Cayman Islands operation, Rudolf Elmer. The documents purport to provide evidence that the Cayman Islands bank helps customers hide assets and wash funds.

After failing to convince Wikileaks to take down the documents, the bank went after its U.S. hosting service, which responded by agreeing not only to remove the Wikileaks account from Dyndadot’s server but also to help prevent Wikileaks from moving its site to a different host.

Julie Turner, an attorney in California who represented Wikileaks prior to this latest litigation but is not counsel for the group on this matter, is surprised that the court sanctioned such a broad agreement.

“It’s like saying that Time magazine published one page of sensitive material so (someone can) seize the entire magazine and put a lock on their presses,” she says.

Turner says she had been speaking with the bank last month on Wikileaks’ behalf when the negotiations fell through.

“The bank wanted the documents taken down and Wikileaks was not prepared to do so. It was a pretty short negotiation,” she says.

When the bank’s lawyers indicated they would be filing a suit, she asked them to tell her where so that Wikileaks could find an attorney in the appropriate jurisdiction to represent it. She says the lawyers refused to tell her. Two and a half weeks later, the bank filed a restraining order against Dynadot and Wikileaks in San Francisco. Wikileaks received notice only a few hours before the case went to a judge who accepted the agreement between Dynadot and the bank.

Turner says that rather than trying to censor the information, the bank could have simply responded to the claims on the Wikileaks site. She also chastised the bank for not having better security over its documents.

“If you’re dealing with banking records . . . if your bread and butter is confidentiality in banking, then you’d really better have mechanisms by which you can control documents. The bank itself should have had better security mechanisms rather than allowing employees to take electronic copies of things or make copies of things and remove them. That’s not Wikileaks’ fault.”

Despite the ruling, Wikileaks continues to host the sensitive documents from servers located outside the U.S. Coincidentally, or not, the organization’s hosting center in Sweden was also struck by a denial-of-service attack, after which a fire erupted in the center as well. Attempts to reach Wikileaks to obtain more information were unsuccessful.

Calls to Dynadot for comment went unanswered.

UPDATE: Readers have asked for links to access Wikileaks. Cryptome has provided the bank documents in a convenient download. You can also view a mirror of the Wikileaks site or download a torrent of the Wikileaks archive. Alternatively, as a few readers have pointed out, you can still reach the original Wikileaks site by using this direct link to it.

Photo: Philip Brewer

See Also:

http://www.wired.com/threatlevel/2008/02/cayman-island-b/

White signed an order last week that effectively took down the WikiLeaks site in the United States and also locked "the WikiLeaks.org domain name to prevent transfer of the domain name to a different domain registrar."

WikiLeaks, a whistle-blower site publishing thousands of leaked documents, was taken offline in the United States after posting allegedly stolen documents: individuals’ banking records that suggest a Cayman Islands branch of a Swiss bank was helping customers practice money laundering and tax evasion across the globe.

Dynadot — WikiLeaks’ U.S. hosting company and domain registrar based in San Mateo, California — agreed to take down and lock the site at the behest of Julius Baer Bank and Trust. Judge White, appointed by the second President Bush, signed off on the deal last week. While users could not get to the site using the wikileaks.org domain name, the site was still reachable by users who knew its IP address, which supporters spread around the web.

The judge held a hearing here Friday to reconsider his initial decision because federal law required it, and because he was having second thoughts. "There are serious questions of prior restraint, possible violations of the First Amendment," he said from the bench. (Hours later, he issued this ruling.)

The site resumed U.S. operations shortly after 5 p.m. Pacific Coast time Friday. Its overseas servers were not affected by the litigation. Hours after the decision, WikiLeaks said it "shall not be cowed by those who would silence the truth. It will continue to be a forum for the citizens of the world to disclose issues of social, moral and ethical concern."

The judge heard arguments from the bank, which said no First Amendment rights were being implicated, WikiLeaks’ domain name owner and a host of media and civil rights organizations that derided the judge’s initial order as an unconstitutional "prior restraint" on speech.

From the outset, the judge seemed to agree with the media and rights groups. About 30 minutes into the hearing, White said the case concerned "very important issues" and "the court does not want to be a part of any order that is not constitutional."

Garret Murai, Dynadot’s attorney, told the judge the company was not inserting itself in the battle. "Dynadot’s position, your honor, we are not taking a position on the merits of the litigation. We’re willing to comply with any order the court issues."

Evan Spiegel, one of the banks two attorneys at the hearing, said the bank "wanted nothing more" than for WikiLeaks to take down the documents in question. "That’s been the point of the bank all along," he said. He added that the First Amendment to the U.S. Constitution does not afford the right to publish private banking information.

The media groups, however, contended that the American courts had no authority to order WikiLeaks to remove published material — a term of art known as "prior restraint." The media argued that the bank’s "remedy" is to seek monetary damages from WikiLeaks.

Still, the judge cautioned that he is likely to toss the entire case. He said the American courts may not be the proper venue for a Swiss bank to sue the WikiLeaks.org domain name owner — John Shipton, an Australian citizen living in Kenya.

Posted via email from ElyssaD's Posterous

Monday, November 22, 2010

Obstruction of Justice: Destruction of Character

Obstruction of Justice: Destruction of Character

Please note that I am copying a third party with this e-mail.

1. Social Security must be advised immediately that they have

(a) The amount on the check is significantly less than the amount stated in the letter I received less than one month ago

(b) My former representative payee misreported my income on his last statement

(c) In addition to misreporting my income, he checked the wrong box so he never told them that I am longer working and do not receive any either income

This is important for several reasons because my re-certification for food stamps and TennCare (Medicaid) is tomorrow and DHS uses the income reported to Social Security to determine my eligibility status. There is somewhat of d domino effect since my Section 8 payment was also changed effective 8/1/2008 based on this information, and as you are aware, my former case manager never mailed in any of the documents requested last March.

I have taken care of the subrogation claim, however, that does not minimize my level of frustration because I am DROWNING in paperwork. I have contacted several agencies to provide assistance, however I do not have the resources necessary to provide them with timely response. There is a very limited time allowed to request reconsideration or file an appeal.

I have done everything humanly possible to clean up the slack, however ant this point, I feel I have no other choice than to file a formal complaint so that my entire case is reviewed. The number of mistakes is so overwhelming that I simply do not have enough time to documents each and every one with the respective agency.


I also want to be clear that every time I have to call Social Security or DHS, it only compounds my cost of living expenses (40 cents per minute on the telephone -- a bill which is not even considered to be a justifiable expense) Most agencies do not include self-addressed stamped envelopes, and I can not afford the postage required to mail out all of the requested documentation (e.g., utility bills, medical bills, pay stubs, etc.)

Fortunately, a number of agencies will take online complaints. Unfortunately, my internet was interrupted for non-payment for several weeks and there is no funding resource or community agency that provides subsidized Internet access or free printer ink.


Transportation costs are ridiculous so going to the library is not an option. Neither is returning to work right now, since it would cost too much to get to the interview or provide official (expensive) copies of my graduate school transcripts that were oh, such a good investment!

That aside, I am not the most user friendly person right about now, so I have found it difficult to put on a happy face so I can work at McDonald's which pays more than Metro anyway.



The subrogation claim has been resolved but I just learned that my breast biopsy was not [pre-authorized and I was told by my INSURANCE CSR (the person who answers the phone) that I should not have the surgery that has already been scheduled at the Women's hospital for 8/21/2008 since they did not authorize the biopsy last month, and have not received a request prior authorization for the surgery that has already been scheduled for next week...

This was a lovely 54 minute conversation because he would not mail me copies of my EOBs or confirm that what, if any, requests have been submitted for payment since my last inquiry and change of address. He finally told me that to call the state (Tennessee) which I have already done several times, and they told me to call Social Security but it was already past business hours and I am not authorized to make changes to my file anyway.
I will try to be more specific later without going into too much detail, but unfortunately, that level of detail is required to file the necessary appeals. Ironic, huh? This apartment is like my own little cage, and I am just pathetic enough to run around in circles, hoping to find the much like a hamster wheel, rodent chasing in circles hoping to found my way out my way out before I run out air. If only I had finished my damn PhD, I would do my own case study or reality show on how far we will go to have nothing at all...

And even though my life is a living hell, I have almost learned how to enjoy the sheer irony of it all... for someone with OCD and post-traumatic stress, this is truly a ridiculous little experiment.

I will be in touch when I can. Unfortunately, each agency has different deadlines, and it takes a lot of energy and time to scan in, copy, or respond to each inquiry in writing, so I find myself running out of time since I cannot seem to get anything done unless I just do nothing at all.

I am becoming increasingly inspired to just burn every last document I own, throw away my keys and my cell phone and take Spotty some place where we can live off the land and ignore the fact that society has me chained to a computer screen that screen that does provide the basic necessities I need to live.


I have come this far, and I am becoming rather skilled and at expressing myself without needing an audience or the obsessive need to check every fact, throw, and typo for capitalization and perfection.

So for now I write. Maybe later, I will read, but if there is any justice left in this world, someday, I might actually live.

Good-bye for now. I need a break.

With love,

Your little sis.

Elyssa Durant, Ed.M.
Nashville, Tennessee
Reply to: elyssa.durant@columbia.edu

"You may not care how much I know, but you don't know how much I care."


--- On Mon, 8/11/08, Lauren Durant laurendurant@durantlaw.com wrote:

From: Lauren Durant laurendurant@durantlaw.com

Subject: s.s. check - attached

To: ed70@columbia.edu

Date: Monday, August 11, 2008, 5:05 PM

$515.50

COINTELPRO: DESTRUCTION OF EVIDENCE

at what cost?

Posted via email from ElyssaD's Posterous

Wednesday, November 10, 2010

Prosecutors Request Closed Courtroom For Goldman HFT Programmer's Trial #conspiracy

Prosecutors Request Closed Courtroom For Goldman HFT Programmer's Trial on Thursday October 28, @01:06PM

Posted by timothy on Thursday October 28, @01:06PM
from the sealed-in-carbonite dept.
dave562 writes "Goldman Sachs' lawyers have asked the Federal judge to seal the court room during the trial of Sergey Aleynikov. Aleynikov was one of the programmers who developed Goldman's High Frequency Trading (HFT) programs. What does this say about the state of the financial industry? Given the problems HFT seems to have caused over the last few years, shouldn't more light be shined into the dark corners of how it works?"

http://yro.slashdot.org/story/10/10/28/1734231/Prosecutors-Request-Closed-Cou...

File Under: Conspiracy of Silence

Posted via email from ElyssaD's Posterous

Monday, August 16, 2010

ASHES TO ASHES; DUST TO DUST: INHERIT THE WIND #COINTELPRO #NWO #WIKILEAKS #OOPS

ABSCAM, MILKEN, DREXEL, FDA, RICO, FIVE SQUAD, CYBERCRIMES, MADOFF, ARMSTRONG... COINTELPRO, CFTC, GATA, WIKILEAKS, or you could shoot me now.... on camera

http://www.philly.com/philly/news/93137669.html

I ALREADY WALK IN THE SHADOW OF THE DEATH...

OH YEAH.... AND PS.. FUCK YOU RIGHT BACK....

Posted via email from ElyssaD's Posterous

Friday, June 4, 2010

Reality Bytes: How Fraud & Abuse Contribute to the Health Care Crisis in America

How Fraud & Abuse Contribute to the Health Care Crisis in America
DRAFT: For anyone who would like to know why I feel so strongly that any reform that does not address the issue of regulation, oversight and enforcement... perhaps my experience will serve as an example of how the judicial system fails to protect those who so desperately need help to fight injustice, inequity and corruption in the United States of America.

At twenty-two…

At 22 I was diagnosed with a degenerative spinal condition. Yes, there are times when the pain is so terrible, I cannot lifet myself out pf ed or tie my shoes. But far worse is having the knowledge that the level of damage to my spinal cord could have been stopped had I received adequate health care.

Yes, I had insurance. But who was there to make them pay???

14 years later, I finally received surgical intervention, and can feel my hands again-- and as a writer, that has been a miraculous gift.

Through the toughest times in my life, no one told me I was wasting my time and money on an education I would never be able to use.

After all I just wanted a diversion.

Even more disturbing than the damage to my spinal cord, is the realization that I missed mosre than 14 years of my life. So not only did I waste my time and money on an education I will never be able to use, I wasted a window of opportunity. A moment in time when I almost had a world the world at my fingertips.

Without any real place to go after college, I felt I had no other choice than to become a professional student of sorts—you know, the ones who stay in school forever to take advantage of cheap housing, health insurance, and student loans.

Unfortunately, I wandered aimlessly through the system acquiring useless knowledge and letters after my name that do not mean jack in the real world. But it distracted mye from the fact that my spinal cord continued to worsen my physical and emotional health.

So with no prosepects on the horizon-- and so thrilled thto feel my hands today, that the one thing I can do is write. So for now, I write, maybe tomorrow I'll read, but if there is any justice left in this world, maybe someday I will actually live.

http://my.barackobama.com/page/community/post/elyssadurant/gGxh4R/commentary

Despite having four individual insurance policies including a major plan with Blue Cross Blue Shield for $1,000,000; I still wound up on Medicaid, and eventually welfare and social security with a total income of under $6,000 / year.

The insurance investigators ultimately ruled in my favor, however I was unable to collect any damages for two reasons: Although mandatory federal fines in the amount of $560,000 would require legal assistance and complicated civil litigation that would be timely, costly, and emotionally traumatic. Second, under federal law, grants immunity to ERISA plans: a type of group insurance that is totally untouchable due to federal preemption of state law that leaves the beneficiary without recourse or the ability to collect punitive damages under federal law,

Unfortunately, this was a very complicated case that involved unscrupulous attorneys that involved tax and insurance fraud, and has yet to be resolved despite the overwhelming evidence of fraud and the favorable ruling from the insurance department. It should also be notes that no criminal charges were ever brought against any of the participants, which s even more disturbing if you knew the history of the parties involved, some were arrested for RICO conspiracy, Tax Evasion, Embezzlement, Extortion, and wire fraud. One man actually shot himself in the head one month after the Insurance Dept. opened the investigation.

So one is dead, one got off on a technicality, one was acquitted, and several others were never prosecuted. I however, pay a price for their crimes every day of my life, I now live in a prison of sorts: a prison of poverty, and despair with no real expectation of change on the horizon.

So here are the facts

I recently learned that for the last 14 years, my parents have been using my social security number to claim as (1) an employee -- thus covered under an ERISA beneficiary plan that I have never been able to access and (2) was claimed as a dependent on my mother's NY State tax return for many years making impossible for me to file taxes or obtain insurance, disability benefits, or student financial aid since neither parent is willing to release a copy of their return.

I filed a complaint with the Pennsylvania Insurance Department in 1995, and received response six months after the policy had expired. Despite the considerable evidence I provided to the Insurance Dept. and Pennsylvania Blue Shield, I was told that despite the overwhelming evidence that I provided, the Insurance Dept. Did not have the authority to override the terms of the contract.

Since ERISA mandates that all beneficiaries (including insured dependents) be given a copy of the policy (among other forms of insurance identification, e.g., EOBs, Insurance ID C, and a copy of the policy, my requests for ERISA mandated materials were repeatedly denied until the Jason Manne from the Dept. of Public Welfare sent a letter to my insurance carrier to inform them that they in accordance with federal law, they must honor my request for a copy of the insurance policy.

The insurance Department came to the same conclusion: that my rights under federal law had been violated, but because this situation was unprecedented in the state of Pennsylvania, it took approximately 9 months before BCBS decided to send me the necessary documentation. In addition, my plan had expired, and BCBS refused to honor my request for COBRA continuation (which would have been extended from 18 months to 36 since I was disabled at the time of the qualifying event plan supporting my initial request for federally mandated information in accordance with ERISA 4236.

Blue Shield refused to honor my request for COBRA continuation and / or a reassignment of benefits so those providers could be reimbursed directly. According to their attorney, Tija Hilton-Phillips, they had no obligation to provide me with any information about COBRA continuation and shifted the burden of responsibility onto the plan administrator and/or fiduciary. In addition to having the terms of my policy falsified in writing, I was unable to identify the plan administrator of fiduciary. Since federal law requires that all plans be filed with the Dept. of Labor, I contacted them on multiple occasions and wrote several letters requesting a copy of claims made under the policy, the plan fiduciary, administrator, and the specific type of ERISA plan (e.g., self-insured) that was on filed in accordance with federal law. Again, my verbal requests were denied. I then sent a written request to the regional office in Philadelphia but again, received no response.

Washington requests in Washington in accordance with federal law. , e.g., self-insured, their assistance in (with information Furthermore, the Dept. of Labor requesting this information were never answered. I never found out the name of the plan administrator or the fiduciary, and was never offered COBRA continuation, and then BCBS refused to let me continue under COBRA, claiming they were not obligated to offer it to... so who is ultimately held accountable in these situations.

When I first filed this complaint against BCBS, each agency denied responsibility despite the overwhelming evidence that I had provided. Although I was only 22 at the time, I spent my days and nights reading up on insurance, labor and employment law, and subsequently came to believe that aside from violating my natural rights, I had been denied due process protections and requested legal assistance from advocacy organizations in New York, Pennsylvania and Tennessee. I was unable to find anyone who would take my claims seriously, and could not find anyone to take my case pro-bono or on contingency. Eventually, I moved to Nashville, TN and tried to recover from the physical injuries and the new emotional scars that left me cynical and bitter about a judicial system that consistently fails to enforce natural and human rights.

http://darknightdurant.blogspot.com/2009/06/i-want-do-over.html

Everyone I spoken to thus far reiterates the same statement-- practically verbatim, "I sympathize with your dilemma, yet, as you know, our office does not have the jurisdiction to assist you in this matter."

I sought the assistance of an attorney at Shnaeder Harrison years ago (regarding Pennsylvania Act 62) and Jason Manne in the Dept. of Public Welfare.

Although I may be biased, I believe this case has substantial social merit and long standing implications for children in the state of Pennsylvania. I am a reputable witness, and have 5 years of doctoral studies under my belt in the field of social policy.

I have been unsuccessful in my search for a competent litigator (unfortunately, this is an unprecedented case that touches on all the hot issues before the 3rd circuit including ERISA and the State's interest in Equal Educational Opportunity and due process protections for children (and adults) who are "victimized twice... first by their parents, and then, again by a judicial system who fails to protect them" (it's been a while, but I believe that is a paraphrase of the dissenting opinion from Justice Montemuro in Curtis v. Klein.

In many ways, I feel it is too late for me to recover what I lost due to a snag in the law and a few loopholes in the system. I have collected evidence for over 14 years because I used to believe that justice might prevail.

If she has an interest in looking bold into the face of police corruption, I would like to share my story (and the documents) to be sure no other child in the Commonwealth of Pennsylvania falls victim to such heinous crimes due to legal technicalities from an outdated piece of legislation. It has been 14 years since my case was “abandoned” by the state judicial system in the Philadelphia Court of Common Pleas. It is time to have these loop holes closed for good and ensure equal protection under the law for all children—not just those who are lucky enough to have a fair hearing or be heard before they reach the age of majority.

With the support and inspiration, I received from some very kind and brilliant professors in sociology and social policy, plan to submit a book proposal to document the sequence of events that still astound me and curious onlookers who take a quick peek as they casually pass in and out of my life. You see, it is much like a traffic accident-- people like to take comfort in seeing the tragedy of a broken man and his family demonstrating the social injustices and inequity resulting from a stratified society where only "violent" criminals or those who commit acts that violate or impede the natural rights of others are not taken seriously by the judicial system or the public at large. Unaware of the consequences that arise from dual standards in the worst of academic snobbery and intellectual elitism -- living a lifestyle they might otherwise envy.

I would appreciate assistance in restoring my social security number and account so that I do not have live in constant fear. If that means either relocating to another country and/or having my name and social security number changed or restored, it is probably well worth the inconvenience if it means there is still hope for living a peaceful existence.

Posted via web from ElyssaD's Posterous