March 25, 2014
Matthew Charles Cardinale, Editor, ATLANTA PROGRESSIVE NEWS, published March 23, 2014, “Special Master Sees Possible Torts in Homeless Task Force Lawsuit”
(APN) ATLANTA — Special Master Frank Strickland, who was appointed to make conclusions of fact and law, and recommendations, to Fulton County Superior Court Judge Craig Schwall in the lawsuits concerning the business community and City of Atlanta’s well-documented conspiracy to sabotage the Metro Atlanta Task for the Homeless, has issued an order that is quite favorable to the shelter.
The 96-page order, “Special Master’s Order on Defendants’ Motion for Summary Judgment,” dated January 25, 2014, obtained by ATLANTA PROGRESSIVE NEWS, is significant because it entertains the possibility that a jury will find facts sufficient to support many of the Task Force’s tort claims and other claims.
The Defendants in the case include Emmanuel Fialkow, the Benevolent Community Investment Company, Central Atlanta Progress, Atlanta Downtown Improvement District, and Premium Funding Solutions (PFS). [Emory University—also an apparent member of the conspiracy—is a defendant in a separate suit filed in DeKalb County. A separate federal lawsuit against the City of Atlanta was previously dismissed, largely on grounds of sovereign immunity; however, the City was still clearly a part of the conspiracy at issue.]
As previously reported by APN, the Task Force claims—and there is extensive evidence to support—that over a period of several years, the Defendants engaged in a multi-pronged conspiracy to deprive the Task Force of public and private funds, and to force the Task Force into foreclosure.
This conspiracy included approaching private and public funding sources to discourage them from funding the Task Force; and approaching the Task Force’s private lenders to encourage them to sell the shelter’s mortgage notes to entities connected with the conspirators, only to then foreclose upon and attempt to evict the Task Force.
While the Special Master granted Summary Judgment for Defendants, essentially recommending that some of the Task Force’s claims be dismissed, several claims survived the summary judgment round, meaning that the case will likely go to a jury to make determinations of fact.
What the Special Master’s ruling also means, is that, if the jury decides that the Task Force’s factual claims are true, then the law is already on the Task Force’s side to support their requests for relief.
The Special Master’s Order cites from numerous emails, depositions, and other parts of the evidentiary record, to illustrate the plausibility of the Task Force’s claims.
The Task Force’s claims likely to advance to a jury include:
(1) The Task Force’s claim for injunctive relief, preventing PFS from attempting to take possession of the property.
The Special Master denied PFS’s motion for summary judgment on this claim, noting that the Court must determine who has legal title to the property before deciding whether or not to grant injunctive relief.
“The Court has made it abundantly clear that PFS’ request to dispossess the Task Force will not be ruled on until title is determined and thus has already enjoined PFS from acting upon Ichthus’ foreclosure,” the Special Master wrote.
(2) The Task Force’s claims to quiet PFS’s title.
The Special Master wrote, that giving the Task Force the benefit of all reasonable doubts and favorable inferences, “the record shows the evidence that the Task Force held the title before the foreclosure and that foreclosure may have been wrongful.”
“The determination of the wrongful foreclosure claims will dictate the resolution of the quiet title claim….If the wrongful foreclosure claim is decided in the Task Force’s favor, the result may be the cancellation of any instruments held by PFS or Icthus, thus quieting title in favor of the Task Force,’ the Special Master wrote.
(3) The Task Force’s claim that defendants’ intentionally interfered with the relationship between the Task Force and its lenders.
The Special Master finds there are genuine issues of material fact for a jury to decide regarding Defendants’ apparent conspiracy to interfere with the relationship between the Task Force and its lenders.
(4) The Task Force’s claim of intentional with the Georgia Department of Community Affairs’s funding of the Task Force.
The Special Master finds there are also genuine issues of material fact for a jury to decide as to the conspirator’s efforts to get the City of Atlanta to write a letter—containing what the Task Force says are false claims—to DCA, seeking that DCA cut off the Task Force from funding.
(5) The Task Force’s claim of intentional interference with funding from Dan Cathy of Chic-fil-A restaurants, of the Task Force.
As previously reported by APN, there is extensive evidence that the conspirators met with Dan Cathy as part of a deliberate strategy to convince Cathy to cease funding the Task Force. The Special Master finds that these claims should go to a jury as well.
(6) The Task Force’s wrongful foreclosure claims certain Defendants.
The Order reveals new, shocking information about the conspirators’ efforts to sabotage the Task Force.
First, the order reveals that Ichthus purchased the property at the foreclosure sale for anywhere between 1.3 million dollars less, and 7.2 million dollars less, than the property was worth.
Second, the order reveals that Fialkow may have engaged in a campaign to deceive the Task Force regarding its willingness to work with the Task Force to avoid foreclosure, in order to prevent the Task Force from legally objecting to the foreclosure itself.
According to the order, the evidence shows that Fialkow met with Task Force Board Member Bob Cramer to state that he wanted to work with the Task Force to avoid foreclosure. Based on these statements by Fialkow, Cramer convinced the Task Force not to contest the foreclosure. However, Fialkow admits that he never intended to work things out with the Task Force.
“In particular, the record shows evidence from which a jury could conclude that (1) Mr. Fialkow controlled Ichthus; (2) Mr. Fialkow, Ichthus, BCIC, and PFS were working in concert to effect the foreclosure; n(3) fraud or misrepresentation occurred that induced the Task Force not to attempt to stop the foreclosure sale; and, (4) the foreclosure sale resulted in the Property being sold for a grossly inadequate price,” the Special Master wrote.
(7) The Task Force’s bad faith claims against the Defendants.
The Task Force claims bad faith on the part of the Defendants, and seeks attorney’s fees and expenses of litigation. The Special Master rules nthat these claims should go to a jury.
(8) The Task Force’s claims for punitive damages against the Defendants.
The Task Force also seeks punitive damages against the Defendants, which the Special Master also rules should go to a jury.
On the other hand, the Special Master granted summary judgment for the Defendants, essentially dismissing the Task Force’s claims of racketeering, defamation, and tortious interference with certain funders.
As for racketeering, the Special Master found evidence of bribery, but stated that at least one additional predicate act was necessary to rise to the level of racketeering. The Task Force also alleged wire fraud. The Special Master found the wire fraud claim was not raised in the initial complaint.
In the Task Force’s recent motion to Judge Schwall, asking Schwall to adopt the Special Master’s recommendations, the Task Force asks Schwall to find that the wire fraud claim, and thus the racketeering claim, can move forward, because the complaint adequately put the parties on notice as to the racketeering claim and it was not necessary to claim specifically wire fraud in the complaint.
As for the defamation claim, it was barred by a one-year statute of limitations.
It is not immediately clear when Schwall will rule on the Special Master’s recommendations, but the Task Force is ready to go to trial.
“If we try this case it’ll be over in ten days probably. I suspect it would be a two-week trial. We just want to get there,” Steve Hall, an attorney for the Task Force, told APN.
Matthew Charles Cardinale
Note: If you are encouraged or even over joyed by this Special Master’s recommendation, don’t be. Calm down. Ask yourself a few questions? Is this conspiracy in the greater Atlanta area? Are the accused located in or around downtown Atlanta? Is this the neighborhood where State Legislators permit a Tax Collector to make millions off shady foreclosures? Is the “sovereign immune,” fraud laden Atlanta City Hall connected to this conspiracy? Is snow-white Coca-Cola U a leading conspirator? When have plantation folk like CAP and ADID ever faced a jury? What was the Judge’s name? Is this Summary Judgment really dated January 25, 2014? Does “well-documented conspiracy” amount to a hill of beans? Does connecting the dots put Dan Cathy, Manny Fialkow, United Way, CAP, ADID, Debi Starnes, Snow White, the Seven Dwarfs at City Council, Alan Harris, Boxcar Ferdinand, Horace Sibley, Mercy Housing, Sister Jane Garety, Rector Hoare, (that’s HOARE with an e) and A. J. Robinson under the covers in the same bed? Birds of a feather do….
A seasoned lawyer told me yesterday that there was a Judge in Memphis just after the Civil War who never signed one single court order. I said how can that be? My lawyer friend said he didn’t have to sign anything; he’s the Judge. The Memphis Judge was a Yankee and he didn’t value the opinion of those Rebels around him.
A second prominent lawyer told me many moons ago, “Son, if it’s JUSTICE you’re seeking, do not go to the court house. Go to the bank; there’s justice there if you have lots and lots of money. Then you’ll be treated fairly.”
Forget everything; remember Charles Dickens: “It is better to suffer a great wrong than to have recourse to the much greater wrong of the law.”
James Wilson Beaty
March 25, 2014
January 28, 2014
Chapter 17 of I Samuel in The Hebrew Bible tells the account of David’s killing GOLIATH. The story has it that David as a shepherd boy volunteered to meet the Philistine giant in a valley between Socoh and Azekah. David is armed with five smooth stones and a powerful slingshot. Everyone knows what I Samuel 17:48-50 reports: “As the Philistine moved closer to attack him, David ran quickly toward the battle line to meet him. Reaching into his bag and taking out a stone, he slung it and struck the Philistine on the forehead, and he fell facedown on the ground.”
The story continues with David’s using Goliath’s sword to decapitate the nine foot giant. The shepherd then raises the dead head in a gesture of gleeful victory. Imagine if you will a different version with a completely different ending.
David gathers five smooth stones from the brook and places one of them in his powerful slingshot. The shepherd boy approaches the battle line to meet the champion. Suddenly to David’s right, a spear-carrying Israelite soldier runs toward him at top speed. It’s Jonathan, David’s closest and most trusted friend. Jonathan shouts, “I’ve come to help.” David thinks, “What courage, what a man, what a friend!” Jonathan lifts his spear and thrusts it through David’s heart. The loaded slingshot and the shepherd’s bag in minutes become drenched in David’s blood. Not unlike Pontius Pilate and Lady Macbeth, Jonathan for the rest of his days cannot wash David’s blood from his hands.
It is learned immediately that someone, somehow from GOLIATH’S army had gotten to Jonathan with threats that he could not withstand. The Jonathan version above did not occur in the Hebrew Bible. However, this sorry saga is business as usual in the real world where “friends” are no strangers to treason and where sometime friends know well the craft of betrayal. Others in David’s camp believed that Jonathan for unknown reasons simply had taken leave of his senses.
James Wilson Beaty
January 28, 2014
January 26, 2014
Next Sunday, February 2, 2014, Super Bowl XLVIII (48) will be played at the Metlife Stadium in the Meadowlands of New Jersey. This stadium is the home field of the New York Giants. Some people believe that the late Teamster Jimmy Hoffa is buried in concrete in one of the end zones. This playing field is not too far from the much talked about George Washington Bridge that spans the mighty Hudson River. Weather vultures are speaking of a blizzard for that day; other media goons are talking traffic snarls.
Residents of the Peachtree Pine Community watch with great interest all Super Bowls. Some 300 plus homeless African American men at Peachtree Pine watched Super Bowl XLV (45) played on Sunday, February 6, 2011. Few of those men remember who won that game or where it was played. However, many of them remember a sermon preached that day at All Saints Episcopal Church at the corner of North Avenue and West Peachtree Street in Atlanta, Georgia. The sermon was delivered on Super Bowl Sunday, February 6, 2011. It carries the title, “Doing Justice,” and it was delivered by All Saints’ CEO, Rector Geoffrey Hoare, that’s Hoare with an “H.” All Saints Episcopal Church’s website published Rector Hoare’s diatribe. I assume the sermon can be read still. It may have been removed.
My blog drjimbeaty.wordpress.com posted a response to some of the Hoare lies about Peachtree-Pine Community on March 23, 2011. The men who live now at the Peachtree-Pine Community watch like Jeremiah’s almond tree in chapter one to see if Rector Hoare might give a repeat performance next Sunday, Super Bowl XLVIII (48). The men who polish the floors and clean the toilets and showers and scrub the sinks and empty the trash and case manage hundreds of women and children weekly want to know if he will say again that we live there in squalor and that their living quarters are filthy and unkempt. Hoare stated that the place is unsafe and dangerous. He’s right about that: that’s true some of the time of the outside, not inside, where drug dealers and pimps and whores, (that’s whores with a “W”) operate most of the time without any police interference. Our security volunteers say that for every Atlanta Police arrest there are fifteen drug deals in the open broad light of the day.
But one long block away, down the street at Renaissance Park there are no such shenanigans now because the neighbors around that park have DEMANDED that all drug users and dealers and prostitutes and pimps be arrested. The Community at Peachtree Pine has no such protection. I’ll bet a six pack of RC Cola that Woodruff Park and The Hurt, home of Central Atlanta Progress and ADID IT has that protection. Another six pack says that CEO Hoare’s business has police protection, business community protection, Peachtree Corridor Churches’ protection, Chamber of Commerce protection, United Way protection, Atlanta Regional Council protection, Atlanta City Council Protection, the Mayor’s Innovation Delivery Team protection and Farmers’ Insurance protection. One must ponder if Rector Hoare has the protection of THE EVERLASTING ARMS.
Read my March 23, 2011 piece and Hoare’s February 6, 2011, sermon preached from a Christian pulpit in an Episcopal church. Then wait for Super Bowl sermon next Sunday to see if Cicero delivers again.
James Wilson Beaty
January 25, 2014
January 25, 2014
An astute lawyer told me once that law schools train future attorneys in the art of asking questions. Plato shows the aim of the Socratic Method to be getting to the truth and to examine the nature of justice. Socrates’ method consisted primarily of asking questions. In the spirit of Socrates let us pose inquiries begging to be asked. Downtown power players CAP (Central Atlanta Progress) and ADID (Atlanta Downtown Improvement Districts) are accused of tortious interference and racketeering. The victims of these alleged crimes are the poor people huddled in downtown Atlanta. The first trial was set for November 24, 2013, in the Superior Court of Fulton County. The Honorable Craig Schwall is the presiding judge. At the request of the accused, the trial was moved to February 17, 2014.
Attorneys for the plaintiff learned on January 23, 2014, that the trial set for February 17, 2014, has been postponed, indefinitely. This postponement comes some 24 days before the defendants faced trial. A few questions, please!
1. Does the Troutman Sanders Law Firm represent either defendants CAP or ADID?
2. Is Judge Schwall up for reelection in November 2014?
3. Does Judge Schwall have a campaign manager?
4. If so, what is that person’s name?
5. Is that person in any way affiliated with the Troutman Sanders Law Firm?
6. Could the indefinite postponement have any remote connection to the Troutman Sanders Law Firm?
7. Is there any legal maneuver that could enable CAP and ADID to escape going to trial?
8. Does Lady Justice reside in the courtroom? Or do we look elsewhere?
9. Is Lady Justice blindfolded or does she take a peek from time to time?
10. Is the good ole boy buddy system at work in low places?
11. Are members of THE CLUB pitted against each other in a manner that brings serious discomfort?
12. Is there “a scintilla of evidence” that supports the charge that CAP and ADID committed tortious interference and racketeering? Or is that “a boatload of evidence”?
13. Has somebody gotten to somebody?
14. Is rottenness confined to Denmark?
Charles Dickens wrote in 1844, “It is better to suffer a great wrong than to have recourse to the much greater wrong of the law.” Socrates fearlessly asked questions that left him dead. Several of my children and some of my friends have lovingly cited to me the treachery that could be inflicted by Atlanta’s deadly power elite. Not unlike power lords everywhere, those elites have the capacity to assassinate character as well as life.
How could I betray my family, my loved ones, my heart and my God by not asking questions that I pray will ease some of the pain of poor people whom I am honored to engage daily. I would rather offend the imperial sensibilities of these elites than to be numbered among the trimmers who are “loud with conniving silence.” (Father Daniel Berrigan, ISAIAH,SPIRIT OF COURAGE, GIFT OF TEARS, p. 14.) Please, after me, ask questions. There will be many.
James Wilson Beaty
January 25, 2014
January 24, 2014
In our great homeland there is justice for all unless…. You finish the sentence. The Metro Atlanta Task Force for the Homeless, Inc. learned on January 23, 2014, that its lawsuit against conspirators Central Atlanta Progress (CAP), Atlanta Downtown Improvement District (ADID) and developer Emanuel (God with us) Fialkow set for February 17 has been postponed, indefinitely. No reason was given for the postponement. It is not known who needs more time.
Charles Dickens’ knowledge of the system of law gives “a certain slant of light” in the direction of understanding such mischief. At age 32 Dickens wrote to a friend, “It is better to suffer a great wrong than to have recourse to the much greater wrong of the law.” Dickens slams the door on any hope of justice in the law.
Father Daniel Berrigan opens that door but only slightly. On page 12 of his NO GOD BUT ONE, he writes, “The God of the oppressed is nearly in eclipse in favor of a god of the oppressor. All however is not lost. Indeed, the worst times beget breakthrough.”
Our hope must be in the Rock of Ages and not in any system locked into the principalities and powers.
James Wilson Beaty
January 24, 2014
December 21, 2013
United Way: Do you see what I see?
Gateway, model shelter: Do you see what I see?
Gateway Board of Directors: Do you see what I see?
Reed’s Innovation Delivery Team: Dou you see what I see?
Union Mission: Do you see what I see?
Emory University Health Care, Inc.: Do you see what I see?
Manny Fialkow (philanthropist): Do you see what I see?
Central Atlanta Progress: Do you see what I see?
Atlanta Downtown Improvement District: Do you see what I see?
Fulton County Commission: Do you see what I see?
Atlanta HUD: Do you see what I see?
Rector Hoare: Varsity Grill Episcopal: Do you see what I see?
Sanitized Corridor of churches and synagogues: Dou you see what I see?
Argus himself, Alan Harris: Do you see what I see?
It’s Christmas time again. It is that time of all times in the year, Dickens reminds us, when Want is most keenly felt and Abundance rejoices. Let us see the bulging coffers of the worthies listed above. And let us see if one of them sees the agony of any of the following:
• On the night of December 20-21, EIGHTEEN children and NINE mothers slept on mats in the lobby of the Peachtree Pine Community.
• This exact scenario has occurred over and over again since June of this year.
• The Gateway Shelter, called the “model” shelter by TEAM GOLIATH conspirators, closed its doors to women then to women and children in the summer of 2013.
• Overpasses loaded with people under blankets for Christmas week
• Men and women are begging all over downtown Atlanta.
• Doorways of churches full of people huddles under blankets
• A man digging through a garbage can in the shadow of Dr. King’s tomb
• A family sleeping in their car just off Ponce
• MARTA bus stops serve as shelters day and night
He that has eyes let him see the pain at our doorsteps. He that has ears let him hear the cries of the children not only in Bangladesh but also in Atlanta.
James Wilson Beaty
December 21, 2013
December 21, 2013
Tonight, December 20, 2013, 18 homeless children and their 9 mothers will sleep on mats in the LOBBY of the Metro Atlanta Task Force for the Homeless, Inc. That place is called The Community at Peachtree Pine. Today, December 20, 2013 a team made up of 5 powerful Atlanta law firms questioned an expert witness. These law firms represent downtown power players who will if at all possible close Peachtree Pine. The powers will not help these 27 Atlanta citizens tonight. And these powers will strangle the hapless Task Force in its efforts to help them.
What are we? What have we become?
Good night, Chet. Goodnight Jim Lee Scott. Good night United Way. Good night City Council. Good night Central
Atlanta Progress. Good night Manny Fialkow. And a Merry Christmas to all.
James Wilson Beaty
December 20, 2013