The following is a summary of the third of twenty-eight (28) exhibits presented to Judge Craig Schwall in a hearing held on July 11, 2014, in the Superior Court of Fulton, Georgia.  This particular hearing entertains a motion made by  attorneys on behalf of Defendant Manny Fialkow’s Premium Funding Solutions.  PFS is one of several defendants accused by the plaintiff Metro Atlanta Task for the Homeless of tortious interference, racketeering and taking by fraud among other things.  Others accused are the City of Atlanta, Central Atlanta Progress (CAP) and Atlanta Downtown Improvement District (ADID).  A federal judge ruled earlier that the City of Atlanta cannot be brought to trial.  It is protected under Sovereign Immunity even though evidence shows the City is deep up to its eyeballs in this conspiracy.   Emory University and Emory Health Care, Inc. are being sued under the same charges in the Superior Court of Dekalb County.   As of this month, July 2014, these lawsuits are 54 months, four and a half (4 ½) years old.  The July 11 hearing mentioned above was to determine if PFS could file a motion to dispossess the Task Force from the building it occupies.  At the close of the July 11 hearing the judge announced he would give a ruling in two weeks.  Two weeks in most calendars ended last Friday, July 25, 2014.  As of today’s date, July 30, no ruling has been made.

Exhibit 3, Tab 3 is an example that shows who REALLY runs the City of Atlanta.  At 4:05 PM, Friday, July 15, 2005, Sam Williams, then CEO of Atlanta Chamber of Commerce, sent the following e-mail to Atlanta City Councilman H. Lamar Willis. “Dear Lamar, I urge you to vote yes on the Panhandling Legislation next Monday.  Downtown Atlanta is in a turn-around with the new tourism venues, housing, universities and livability.  The City of Atlanta has worked in partnership with the business community, civic community and service providers to make us what we are today.  With City Council’s leadership and Horace Sibley’s hard work with Mayor Franklin’s commitment, we have successfully created a program to help the homeless with a nationally unique service center.  We now need a policy to set standards of public behavior to help the City of Atlanta become the model that would make us proud.  Please vote YES.  Regards, Sam.”


Councilman Willis responded in an e-mail the following Wednesday, at 11:15 AM, July 20, 2005.  He wrote, “Mr. Williams, I appreciate your input on the panhandling legislation.  As you know, at the full Council meeting on Monday, my colleagues and I decided to hold the legislation so that we can continue the ongoing discussion.”


Following this quote Willis wrote a 13 line, 213 word paragraph detailing solutions to panhandling in the streets of Atlanta.  He mentions “Giving Meters,” where spare change would be collected and given to “homeless service organizations” instead of to panhandlers.  Willis states, “This type of program has been carried out in several cities across the United States.”  Willis mentions  “installing public toilets in Atlanta, similar to those automated public toilets in other large cities in the United States and Europe.  He closes this interminable paragraph with this statement, “Such public toilets will allow residents, visitors, and the homeless to access safe and clean facilities.”  Willis closes his e-mail to Sam Williams by saying that the next vote is set for August 15, and that he would continue to listen to Williams’ concerns.  He closes with, “Yours for a Better Atlanta.”


Within three hours Sam Williams responded to Councilman H. Lamar Willis.  At 1:33 PM, July 20, 2005, Williams responded with an e-mail: this time copying A. J. Robinson, the President of Central Atlanta Progress (CAP).  Williams wrote, “Lamar, I want you to know how extremely disappointed the Chamber of Commerce is in your vote.  After more than a year of work and countless meetings and the opening of the city’s new homeless facility for you to vote to postpone and table this issue is just wrong.  You should know that this vote will be remembered by our business members as you face re-election and we will share it with all 4,000 businesses.


This Exhibit 3  Tab 3 ends with A. J. Robinson’s response to his buddy, Sam Williams.  The President of Central Atlanta Progress writes, “Thanks, Sammy….we are keeping the pressure on…”


Highlights worth noting:

  1. Willis wants public toilets where Robinson, Williams and “the homeless” have access to the same johns? Has the honorable Willis taken leave of his senses?
  2. Note that no name of a single city appears where “Giving Meters” has ever helped a homeless person.
  3. The threat of foiling re-election by influencing 4,000 businesses may be illegal, surely unethical   But this is Atlanta where those who REALLY run the City do as they wish.
  4. Sam Williams wants the Chamber of Commerce to dictate “standards of public behavior to help the City of Atlanta become the model that would make us proud.” Perhaps we need a standard of private behavior that would prohibit leaders like Sam “Get those scores up” Williams from creating a cheating scandal that will blight Atlanta across the country long after Williams and Robinson have left the scene.
  5. Exhibit 3 Tab 3 exposes good ole boy shenanigans as early as 2005.
  6. Exhibit 4 Tab 4 will begin to shed light on the width and breadth and height and depth of the Conspiracy to disappear the Metro Atlanta Task Force for the Homeless, Inc. and the unwanted citizens it serves. Watch for Exhibit 4 Tab 4 to get a glimpse of the fangs of Atlanta United Way.

James Wilson Beaty

Jeremiah 22:16

July 30, 2014


Whenever Atlanta Housing Authority wants to dig up a legitimate reason to kick out a family, the expression “shine a light on them” is understood by all.  It always implies, “Get rid of those undesirables.”  A. J. Robinson pops up interminably in these 28 exhibits; the CAP president is an evidence-making machine.  Someone cries “DISCOVERY” and the Boss answers, “Here am I, Lord, send me.”  Robinson also wants to shine a light on “these nuts.”  This Exhibit 2, Tab 2 is a continuation of the thinking revealed in Exhibit 1, Tab 1.  CAP’s thinking excludes homeless people, poor people, the wrong people in downtown space that CAP is there to cleanse.  In Exhibit 1, Tab 1 “…it will give these nuts a forum” a Georgia State professor in 2003 had invited CAP to participate in a panel discussion.  The e-mail sent by Dr. Chuck Steffen lists those invited and an additional person suggested by United Way’s Terri Smith.  The names in front of Robinson when he came up with his “these nuts” comment are the following: Colin Campbell of the ATLANTA JOURNAL CONSTITUTION, Mark O’Connell of Atlanta United Way, Rev. Timothy McDonald of Concerned Black Clergy, Senator Vincent Fort and Anita Beaty of the Task Force for the Homeless.  Which of these persons get Robinson’s label, “these nuts”?  I don’t believe Colin Campbell is one of “these nuts.”  Campbell in 2005 was a silk stocking elitist as qualified to discuss homelessness as is a jack rabbit to teach Sunday School.  And Mark O’Connel of United Way experiences apoplexy at the thought of a homeless family seeking help in the antiseptic halls of Atlanta United Way.  I’ll bet five smooth stones and a shock of Goliath’s hair that Robinson’s “these nuts” did not refer to the pristine Colin Campbell or the privileged Mark O’Connell.  Remember “these Nuts” was penned first in 2003.  Mark O’Connel some years later left United Way with a million dollar bonus tucked away in his morning coat.

In our list of invitees only the dregs are left: “that woman” Anita Beaty, a Concerned Black Clergy preacher named Timothy McDonald and State Senator Vincent Fort, a constant thorn in the side of the good ole white boy cabal nestled in the downtown establishment.  Years after 2003 CAP spent tax payers’ money trying to defeat Senator Fort.  He won by the usual 70%. “Senator Vincent Fort “By A Landslide – – Sorry CAP” posted Augtust 7, 2010 tells that story.  So at least we know the identity of “these nuts.”  Don’t forget to throw in the distinguished Professor Steffen.  I’m sure Boss Robinson includes him.

Exhibit 2, Tab 2 contains an e-mail chain that begins with Doug Alexander to Paul Kelman to A. J. Robinson to Dave Wardell.  Doug Alexander at the writing of these e-mails is with GDOT, Office of Intermodal Programs.  He is not at CAP but surely he is one of them.  While on Atlanta City Council, he displayed endlessly the Atlanta City Council mindset, a clear voice against the voiceless.  Alexander is comfortable in the corner and in the confines of CAP.  He’s not a CAP light in 2005, but rest assured he’s one of them.  Alexander’s e-mail contains scary letters and words like GDOT Office of Intermodal Programs.  If that doesn’t chill the soul try, Georgia Rail Passenger Authority.  His e-mail is sent to Paul Kelman, a Gordon Liddy lookalike but not as kind.  Everyone needs to know Paul Kelman.  One of his quotes in the AJC captures best the heart of Central Atlanta Progress.  It is a reflection of the tone of its leadership in any decade of its running downtown Atlanta.  Kelman said he would rather see a toxic waste dump in Downtown Atlanta than to see a facility there that serves homeless people with AIDS.  Anytime anyone cares to check the heartbeat of CAP, go to Kelman’s words.   Look at “What’s In A Middle Name?” posted April 19, 2011.

Doug Alexander’s e-mail to Paul “toxic waste dump” Kelman is short, “Paul, here is a follow up that I just received.  Isn’t demigodary (sic) wonderful.”  Not knowing what Alexander is thinking, I have no way of making sense of his creation “demigodary.”  As a member of City Council he frequently made up things.

Paul Kelman forwards Alexander’s “follow up” with a ten-word attempt to write a sentence, “They took our e-mail and recast in their terms.”  Then A. J. Robinson sends the following to Paul Kelman and David Wardell, “All those organizations are fringe establishments that have caused trouble for everyone for years…how can we shine a light on them…can someone do a little research, don’t believe anyone likes or gets along with them, particularly the established homeless community organizations….”  David Wardell is the last link in this e-mail chain.  On 7/15/2005 at 3:41 p. m. he writes to Boss Robinson and to Paul Kelman, “I will meet with Phil Bray (Safe House) and others today for their support.”

In Exhibit 1, Tab 1 we see the need for CAP to avoid any contact with “these nuts” as far back as 2003.  In Exhibit 2, Tab 2 Boss Robinson asks for research and then how can we shine a light on them.  Remember Atlanta Housing Authority shines a light on them.  These communications show CAP’s reaching its tentacles out to the Georgia Rail Passenger Authority.  Watch for Exhibit 3, Tab 3 which shows that the Central Atlanta Progress’s bedfellows include the Atlanta Chamber Of Commerce, especially its leader, Sam Williams.  That’s the Sam Williams recently splattered all over the news as being connected to the SACS cheating scandal in Atlanta Public Schools.  What’s in a middle name: Sam “get those scores up” Williams.


James Wilson Beaty

Jeremiah 22:16

July 19, 2014

Steve Hall introduced the first piece of evidence to show an example of a decade of abuse heaped upon the plaintiff by the TEAM GOLIATH conspirators. He goes back eleven years using three emails written by Georgia State University Professor of American History, Chuck Steffen, Central Atlanta Progress’s Senior Project Director, Richard Orr and Central Atlanta Progress’s President, A. J. Robinson. In October of 2003 Professor Steffen put together a panel discussion to be held the evening of November 12. His email invites Central Atlanta Progress (CAP) to participate in “a panel discussion of homelessness, poverty, public space, and the ‘Let’s Do Downtown’ Initiative.’” (Mayor Shirley Franklin’s project.)

Steffen lists for Richard Orr the invitees thus far: Colin Campbell of the AJC, Rev. Timothy McDonald of Concerned Black Clergy, Senator Vincent Fort and Anita Beaty of the Atlanta Task Force. Steffen writes, “This would be a diverse panel to say the least. But it would bring together many of the leading voices in the issue of homelessness, and it would create a real dialogue at a critical moment when we most need it.” The Professor ended his email to Orr with the cordial close, “Speaking in behalf of the History Department and the larger GSU community, I do hope that CAP will accept our invitation to participate in the panel discussion.” Richard Orr never responded to Chuck Steffen; however, he forwarded the email to A. J. Robinson and to two CAP lieutenants, Paul Kelman and David Wardell. In this Orr email he wrote only, “Oh boy, here’s a hot one below.”

The next morning A. J. Robinson wrote the following e-mail to Richard Orr: “If we were to do something like this, there need to be ground rules otherwise it will just give these nuts a forum in front of the media and we lose…. Not sure we are the ones to discuss to discuss homelessness rather Sibley or Hardin or even someone from the Mayor’s office.”

Note: Always, CAP leadership chills to the bone at the thought of an open forum. Robinson operates, as he has written, “under a cloak of darkness.” An open forum suggests honest exchange. An open forum suggests the right for all sides to have a voice. An open forum suggests everyone can be heard. An open forum suggests a desire for justice. A. J. Robinson’s “these nuts” statement was written in 2003, over a decade ago. Scholars such as Larry Keating and Charles Rutheiser have shown Central Atlanta Progress to be exclusionists. And anyone who dares to oppose their Draconian policies is put into the “these nuts” category. A. J. Robinson said it best way back in 2003, “…there need to be ground rules otherwise it will just give these nuts a forum in front of the media and we lose.” This fear of being exposed by the truth was written a decade before CAP became defendants in a court of law, accused of tortious interference, racketeering and taking by fraud. In 2003 A. J Robinson avoided facing a panel discussion. Now, in 2014 he avoids at all peril facing a jury panel. Is it any wonder that Central Atlanta Progress and their fellow conspirators for four years have escaped going to trial? It’s no wonder at all; it’s the way the club works. But through it all, through it all the words ring out, “Give these nuts a forum in front of the media we lose.” Can’t unring that bell, “WE LOSE, WE LOSE, WE LOSE.”

If A. J. Robinson is anything, he’s a protector of his lair. My essay, “Justice for CAP” shows that CAP is a champion of and for justice. This great downtown giant stands for justice, every time. That is every time that those mean old NUTS gang up against CAP.  Read my, “Central Atlanta Demands Justice–FOR Central Atlanta Progress” posted December 26, 2009.


James Wilson Beaty

Jeremiah 22:16

July 17, 2014

Whatever happens in the months, perhaps years, that lie ahead, what happened on Friday, July 11, 2014, in Courtroom 5-E of the Superior Court of Fulton County, Georgia, will remain a RED LETTER day. Baker Donelson Attorneys Steve Hall and Bob Brazier have sought an opportunity to present evidence showing a long-time conspiracy to rid Atlanta of an emergency shelter for homeless people located in downtown Atlanta. It is the largest in the Southeast. A second goal of the conspirators has been to take the property, a 94,000 square foot building located on Peachtree Street. For the first time in four years, Steve Hall was able to present evidence. He filed with the Court a Brief consisting of 28 exhibits that contain a myriad of facts exposing the conspiracy.

Key players operating “under the cover of darkness” range from as low as The City of Atlanta to as high as Emory University and its mammoth health care industry. Between the low and the high swarm the likes of Emanuel Fialkow’s Premium Funding Solutions, Inc., Central Atlanta Progress (CAP) and Atlanta Downtown Improvement District, Inc (ADID). These are the defendants accused of wrongfully and fraudulently taking the property owned by the shelter. Other charges include tortious interference and racketeering. The City of Atlanta enjoys “Sovereign Immunity” granted by a federal judge and cannot be sued for its part, although huge, in the decade-long conspiracy. See “Sovereign Immunity Protects The City Of Atlanta – – MOMENTARILY” posted October 20, 2011.

Incidentally, lawyers for ADID claim that that misbegotten creation deserves, like Atlanta, the protection of Sovereign Immunity. ADID’s money went to Atlanta United Way to pay Homeless Czar Debi Starnes for a year. The Special Master’s Report suggests that a jury should check to see if the Czar’s pay was bribery.
Two huge facts make this day special. First, as mentioned above, Steve Hall presented evidence of the conspiracy and named the conspirators. Since no evidence has been admitted for four years, perhaps the Court heard it. It was filed and read aloud in court. The second fact making Friday’s hearing special is the presence of cameras recorded the proceedings. WSB’s Richard Belser, having read Mathew Cardinale’s summary of the Special Master’s Report on the Summary Judgment, decided to investigation this law suit. Other media recording the hearing were WRFG and Cardinale’s ATLANTA PROGRESSIVE NEWS. Emory’s lawsuit has been filed in the Superior Court of Dekalb County. It should be noted that Emory’s part in the conspiracy is mammoth, and Emory weaves in and out of the evidence that points to long-time racketeering, planned fraud and tortious interference.

Hall’s Brief presented to the Court reads as follows:



HEARING, JULY 11, 2014


Tab 1 Robinson email to Richard Orr 10/3/03
Tab 2 Wardell, Robinson email 7/15/05
Tab 3 Robinson email to Sam Williams 7/20/05
Tab 4 Hassan email tp Sibley & Biswas 10/20/06
Tab 5 Wardell email to Robinson 11/17/06
Tab 6 Blackwelder email to Emory 8/1/07
Tab 7 Meeting notes re: funding Task Force 9/27/07
Tab 8 Orr email to Wardell 2/11/08
Tab 9 Orr-Starnes email, lice, WSB, AJC, FC Health 4/2007
Tab 10 CAP Executive Committee Minutes 11/12/08
Tab 11 handwritten notes 11/3/08
Tab 12 Sister Garety email to Diane Leavesley 11/12/08
Tab 13 Dinerman-Fialkow email 2/19/09
Tab 14 Robinson-Jones email 3/3/09
Tab 15 Robinson-Fialkow email 5/17/09
Tab 16 Robinson-Fialkow email 5/21/09
Tab 17 Robinson-Jones email 5/21/09
Tab 18 Robinson-Peterson email 12/14/09
Tab 19 William Burton-Robinson email 1/28/10
Tab 20 Fialkow Affidavit 6/17/11
Tab 21 Beisel-Fialkow email, Fialkow-Jacobs & Feldman email 1/22/10, 1/27/10
Tab 22 $900,000 Promissory Note 1/22/10
Tab 23 Jones-Robinson email 5/15/09
Tab 24 Robinson Burton & Jacobs email 8/26/09
Tab 25 Pridgeon letter to Bassett, DCA 5/16/07
Tab 26 Robinson-Orr email re: Baker Donelson 12/8/08
Tab 27 Orr-Robinsonemail re: Starnes funding, check, Wardell-Kellman email 7/23/08, 8/6/08
Tab 28 Fialkow-Peterson email 5/4/10

Note: These 28 exhibits touch only a smidgen of the mountain of evidence contained in the tens of thousands of documents and hours of recorded depositions taken from the conspirators. As far as the East is from the West, so far reach the width, breadth, height and depth of Team Goliath’s transgressions.

James Wilson Beaty
Jeremiah 22:16
July 14, 2014

The unfolding Beltline story has all the elements of high drama. First there’s the human element. We watch in amazement as two of our most prominent civic leaders, Mayor Kasim Reed and former Atlanta Public Schools Superintendent Errol Davis, duke it out in the press. (“If APS wants to litigate it, by all means do so. Tee it up,” thunders the mayor.) Then there’s the institutional element. We learn that serious money troubles are afflicting our most powerful governing bodies, including not only the City of Atlanta and APS but also Invest Atlanta and the Beltline TAD. Finally there’s the visionary element. We seem to be confronted with a Faustian choice between two laudable civic goals, economic development versus public education.
What should we make of all this? I don’t think we will get very far in understanding the larger forces at play if we take the position that everything will be fine once cooler heads prevail. The Beltline issue is about much more than a few big egos jockeying for headlines.
Let’s take a step back and consider the larger context of the Beltline story. Over the last thirty years the U.S. has witnessed a seismic shift in the way cities govern themselves. Increasingly, urban governments see themselves as facilitators or brokers of economic development. Mayors, city councils, county commissions, and local development authorities provide incentives so that private business interests will undertake large-scale, infrastructural projects that would otherwise be prohibitively expensive. The incentive mechanisms are very complex in their details (tax abatements, tax credits, subsidies, and so forth) but easy to grasp in principle: they shift public resources to private developers in hopes that the public will reap benefits in the long run.
Here’s the rub. We live in a capitalist society, which means that every investment carries the risk of tanking, and this is especially true for huge infrastructure projects like the Beltline. No one understands risk better than private businesses, which is why they want government to absorb as much of it as possible.
And here’s another rub. Because we live in a capitalist society, the economy is subject to ups and downs. It’s been that way since the middle of the 1800s and will remain that way as long as capitalism is around. Financial downturns have become more frequent and more intense since the 1970s. So we all know (or should know) that anyone who makes a long-term, infrastructural investment on the assumption that the economy will always go up and never down is, to put it bluntly, a fool.
In 2005 Mayor Shirley Franklin and APS Superintendent Beverly Hall struck a deal requiring the city to make a total of $165 million in payments to APS in exchange for funneling tax revenues earmarked for public schools to the Beltline. The assumption was that APS would benefit in the long run, since property tax revenues (which fund local schools) would skyrocket as Beltline neighborhoods attracted new investment and property values went up.
Three years later came the biggest economic crisis since the Great Depression, which revealed that the pie-in-the-sky financial projections underlying the Beltline deal were an illusion. Beltline leaders and their business friends now say, “How could we have known that the subprime mortgage crisis and the Lehman Brothers bankruptcy were just around the corner?” Our response should be, “How could you not have known that that for every boom there’s a bust?”
So let’s get back to the risk that is inherent under capitalism. There is nothing necessarily bad about risk. Indeed, most economists will tell you that risk fuels enterprise, innovation, and dynamism—all good things. The question is not whether risk is good or bad. The question is: in whose name is the risk taken? In the case of the Beltline, the risk was taken in the name of a public school system that is struggling to deal not only with the Hall cheating scandal but also with the massive resegregation of metropolitan public education since the 1970s.
And this leads to the final rub. The governing bodies that signed off on this deal are much less transparent, open, and democratic than they should be. This is no accident. Public-private partnerships have flourished over the last thirty years in response to another kind of risk—the political risk that voters, if given the chance, might refuse to support a highly speculative venture that puts the future of school kids at risk.
The next time one of these public-private partnerships pitches us a multi-million-dollar project in the name of the public good, we should ask “Who’s at risk?” If we don’t, we’re the fools.

Chuck Steffen
History Department
Georgia State University


We at the Task Force had 99 women and children in our lobby at Peachtree Pine last night, July 11, 2014. And Fulton County closed 300 beds of shelter space, at their own admission and without public notice, within the last two months. (Springdale shelter for women and children with 150 spaces, and Jefferson Place shelter for men with 150 spaces.) Fulton County then evicted 17 formerly and now newly-homeless families with disabilities from the County’s “Permanent Supportive Housing Program.” NOW, Fulton County, as of Thurday, will give the Salvation Army funding to HOLD all SA’s emergency beds (the only free beds they ever have) for THEM — meaning of course, for the women and children THEY (the County) displaced from THEIR shelter and housing programs which they then closed down. Keep in mind that these funds are not creating any NEW BEDS for the folks waiting already for beds, but are “covering” for the beds that Fulton County closed down.

Mind you, any emergency and or transitional and permanent spaces that are available daily HAVE to go to the women and children who are already waiting for them, sleeping wherever we can find space for them. NOW, those people who were on their way towards stability and permanent housing with FULTON COUNTY have been sent BACK into the emergency shelter “system,” which is shrinking as we speak. With the privatization of nearly all the formerly “public” housing, and with no new housing being developed that is affordable for families who should pay no more than 30% of their income — 30% to minimum wage down to 30% of a disability check or 30% of TANF, FOOD STAMPS, etc., the opportunities for homeless families are rare to non-existent without permanent subsidies.

What is a mother to do if she and her six children, two of whom are under two years, are homeless and there is no available shelter space? She will sleep at the Task Force on mats until we are able to find bed space for her and her children at another facility. And then when she is eventually “fortunate” enough to get a placement, what then when she has used up her 30-or-fewer days there, and she still doesn’t have sufficient income to afford market rent, and no permanently subsidized housing is available? What is a mother to do? What she will do is return to the Task Force at Peachtree-Pine, if she hasn’t taken refuge with someone who has housing, and she will NOT qualify for any of the facilities she has “circulated” through because there are so many others needing those spaces who have NEVER used them before. Now, is she on her way to being called “chronically homeless”? Or worse yet, non-compliant, or even worse, put on a do-not-serve list? What is a mother to do?

— Anita Beaty, Metro Atlanta Task Force for the Homeless, July 12, 2014

“Is this a great country or what?” my favorite movie quote, from Night Shift.