Attorney Richard Robbins Quits Manny Fialkow

Richard Robbins, Manny Fialkow’s Lawyer, Quits

How are things in the TEAM GOLIATH conspiracy? What’s cooking at the City of Atlanta’a Department of Watershed Management? How’s TEAM GOLIATH’s New Orleans extension operating? I stated a few essays ago that City Hall and United Way of Atlanta had paid a crack team of social workers from the French Quarter or somewhere to come to Atlanta to be here for the turning off of the water at the Peachtree Pine facility. They were in Atlanta to “transition” the residents at the Pine to United Way’s safe havens that do not exist. TEAM GOLIATH’s ploy to shut off the water in order to close the shelter was foiled once again for the three hundreth time. The crack team from New Orleans, an extension of TEAM GOLIATH, went back to the Big Easy the day after Team David’s Task Force paid the $581,000 plus water bill. But at least one member of the team resurfaced at Peachtree-Pine several days ago, positioning for another tactic.

What does TEAM GOLIATH do next? Will Czar Debi Starnes rise to the surface of the cesspool with another lice infestation? Will Horace Sibley find his computer somewhere over at Georgia Tech? Will crack CDC detect rats over on Ponce de Leon that came from Peachtree Pine? Will Central Atlanta Progress find an EBOLA outbreak in Miami that started with a homeless someone? I doubt it. Starns and CDC and CAP have a few more things to think about these days. The fabricated existence of lice and flea infestations and locust attacks at the Pine have turned into lawsuits and court cases and losing appeals. Remember Joe Beaslesy’s, “It’s time somebody went to jail!”

The latest blip on TEAM GOLIATH’s screen occurred today when Manny Fialkow’s lawyer moved to withdraw from representing Premium Funding Solutions, Inc. Of course, Exhibit 20 that I posted recently has Manny Fialkow stating under oath that he is in no way shape or form connected to Premium Funding Solutions, Inc. Manny Fialkow is the conspirator in TEAM GOLIATH who paid the Mercy Housing nuns $780,000 for the mortgage notes on the Peachtree-Pine building on Peachree Street in Atlanta. AJ Robinson wrote that Manny deserved a discount on what he was paying the nuns since Manny was the chosen one to put them into default and then “kick them out.” Evidence has Emory Health Care, Inc. in the background in case it needed to pick up any shortage in dollars for Fialkow.

It is interesting that legal representation for Fialkow, Attorney Richard Robbins, attempted today to withdraw from the case. This should be no problem for Manny Fialkow as he has had a number of lawyers to withdraw from this case. And only God knows how many other lawyers may be defending him in other lawsuits. He’ll find another lawyer; he better. Stay tuned.

James Wilson Beaty
Jeremiah 22:16
October 7, 2014

Exhibit 20 … Manny’s Motion To Recuse Judge Schwall

Exhibit 20 Tab 20 Manny’s Affidavit to Recuse Judge Schwall

Exhibit 20 is one of 28 exhibits filed in Judge Craig Schwall’s Superior Court of Fulton County, Georgia, on July 11, 2014. The lawyers filing the exhibits represent the Plaintiff, the Metro Atlanta for the Homeless, Inc. The defendants are Premium Funding Solutions, Inc., Central Atlanta Progress and Atlanta Downtown Improvement District. Steve Hall and Bob Brazier of the Baker Donelson Firm represent the plaintiff. The defendants are charged with racketeering, tortious interference, defamation, taking property fraudulently among other things. Emory University and Emory Health Care, Inc. are defendants in a similar lawsuit in the Superior Court of Dekalb County, Georgia. Attorney Mark Murray represents the Task Force for the Homeless. Judge Ross of the Superior Court of Dekalb County presides over that lawsuit.

Emanuel Fialkow’s affidavit, Exhibit 20, requests that Judge Craig Schwall recuse himself. The document is 13 pages long and contains 57 numbered paragraphs, Fialkow signed it June 17, 2011. I have selected 33 of the 57 paragraphs for your reading enjoyment.

The Superior Court of Fulton County
State of Georgia

METRO ATLANTA TASK FORCE
FOR THE HOMELESS INC, and
ANITA BEATY
Plaintiff
v.
EMANUEL FIALKOW, THE
BENEVOLENT COMMUNITY
IINVESTMENT COMPANY, INC.
CENTRAL ATLANTA PROGRESS,
and THE ATLANTA DOWNTOWN
IMPROVEMENT DISTRICT
Defendants

1.
My name is Emanuel Fialkow and I am named as a Defendant in the above-styled action.

2.
I am over the age of eighteen years, am suffering no mental disability, and am legally competent to make this Affidavit. This Affidavit is based upon facts personally known to me.

3.
I am writing and executing this Affidavit in support of my Motion to Recuse Judge.

4.
I am not in control of nor do I have any decision making power regarding Ichthus Trust (“Ichthus”). I do not own Ichthus; nor am I or have I ever been a Grantor, Trustee or Beneficiary of Ichthus. The Trust Agreement Establishing Ichthus Community Trust, attached hereto as Exhibit 1, confirms this.

5.
I do not in any way control or have the ability to bind Ichthus; nor do I have decision making power regarding Ichthus.

6.
I am not an owner, member, manager, or employee of Premium Solutions, LLC, (“PFS”) and have no control of any of its actions or business practices.

7.
I do not in any way control or (sic) the ability to bind PFS; nor do I have decision making power regarding PFS.

8.
I am not an owner, member, manager, or employee of Benevolent Community Investment Company, LLC (“BCIC”),and have no control of any of its actions or business practices. The Operating Agreement of BCIC, attached hereto as Exhibit 2, confirms this

9.
I do not in any control or (sic) the ability to bind BCIC; nor do I have decision making power regarding BCIC.

10.
I did not buy nor have I ever owned the Notes at issue in the above-styled manner.

13.
In 2008, I introduced Dustin Walsey to Marc Coleman with an effort to assist Mr. Walsey in purchasing PFS, then a 17 year old financial company that was incorporated in 1991.

14.
It is my understanding that in 2008, PFS was purchased in order to fund asset based loans and this company moved its operations into a building that is owned by a company that I manage. As part of the purchase process, I assisted Mr. Walsey in his purchase and acted as PFS’s registered agent for service in 2008. I do not know why my name was renewed as the registered agent for service for PFS for 2009 and was unaware of this fact until it was mentioned by MATF’s council, Steven Hall, in court.

15.
I introduced Valerie McClellan to Mr. Walsey and PFS in 2008.

17.
I am aware of Ms. McClellan acting as a principal on at least 2 other projects in Atlanta besides the project at issue in the above-style action. I am also aware of Ms. McClellan executing promissory notes in excess of five million dollars securitized by ten townhomes in Brookhaven in a separate transaction.

18.
Throughout this case, MTF and Beatty (sic) have received preferential treatment by the Court and the Court has concluded that I am somehow in control of Ichthus, BCIC or PFS.

20.
At that hearing, MATF’s counsel made repeated, unsupported allegations that Ichthus is controlled by me.

21.
The Court apparently assumed MATF’s counsel’s allegations to be true, even though my counsel emphatically denied such allegations in open court and even though there was no evidence supporting same. For example, I heard the Judge say in open court, “What is, and obviously I am not asking you to speak for Mr. Bonder [who is counsel for Icthus], what has change in the recent past from the time I entered the order where Mr. Fialkow wants to disposses the homeless shelter.?”

22.
The Court concluded not only that I wanted to dispossess the homeless shelter, which I did not, but also that I have the power to do so, which I also do not.

24.
The Court concluded that I needed protection regarding the homeless shelter when I needed no such protection because I did not own (nor have I ever owned) the building at 477 Peachtree Street; nor did I own (nor have I ever owned) the Notes on that building.

28.
I also heard the Court say, “Can we sit out here and let’s be real that Mr. Fialkow and his group put up $900,000 for a piece of property that is worth 4 to $5 million?”

29.
This was a blatantly and patently false statement made by the Court. I did not “put up” my money for the property at 477 Peachtree Street, nor do I have any control over any “group” that did.

30.
It is my understand that Ichthus bought the Notes at issue using money it borrowed from PFS using the notes themselves and other loan documents, such as a Deed to Secure Debt, as collateralfor the loan. As stated above, I am not a member, manager, grantor, trustee or beneficiary of Icthus, BCIC or PFS.

31.
Immediately following the false statement by the Court at the June 10, 2011 “status conference,” asking, “[c]an we sit out here and let’s be real that Mr. Fialkow and his group put up $900,000 for a piece of property that is worth 4 to $5 million?”, I also heard the Court say, “And on that note, I want to know what Mr. Fialkow has done with his charities for the homeless since we last met.”

33.
However, since the litigation related to the Peachtree-Pine shelter began, I have done the following actions related to the homeless. It should be noted that this list is not meant to be exhaustive:
a. I introduced Valerie McClellan to Dr. Christopher Allers, PhD., of Advantage Consulting to form a plan to help transition the Men whom (sic) reside at 477 Peachtree Street into better housing environments;
b. I helped Icthus and Advantage Consulting to form a community advisory group to help with the neighborhood concerns;
c. I helped Ichthus procure and negotiate a lease with Uplift Atlanta, Inc. to begin operations of operating a Homelessness facility and pay rent to Icthus;
d. I made contributions to Uplift Atlanta , Inc., and Ben Massell Clinic for dental, vision, and social services for the residents of 477 Peachtree Street;
e. I continued my 15 year commitment to Project Connect and attended and contributed to the Empty Bowl event;
f. I made contribution to Gateway Center, contributed to Refugee Family Services, contributed to Nicholas House, and contributed to Jewish Family and Career Services; and
g. I made sandwiches at an area synagogue to be delivered to 477 Peachtree Street and contributed to an area synagogue so that extra food could be delivered to 477 Peachtree Street.

36.
Despite the fact that I knew my attorney had a Leave of Absence for the date of the “status conference”, and despite the fact that my attorney sought to have the “status conference” moved so that both of us could be present for it and despite the fact that the Court specifically granted permission for both of us to appear by telephone, I heard the Court state that at the June 10, 2011 (sic) status conference, “Well, you know what, when I called this hearing, you knew exactly what I was going to do. I was going to to order Fialkow deposed on the stand. That’s why you all didn’t want to be here. Now, Mr. Fialkow is not going to play games with me.”

39.
I did not know that a party could be “deposed on the stand” at a “status conference.”

43.
I then overheard MATF’s counsel voice his “concerns” that there would not be any kind of “meaningful participation” of either my wife or me at the mediation “until they have come clean on their participation.”

50.
I understand that both Ichthus and BCIC have now served Fulton County and the State of Georgia with an ante-litem notice stating each entity’s intent to sue the County the State and/or the judge.
52.
The Court has concluded that Ichthus and/or BCIC and I are one-and-the-same and it is reasonable to believe that the Court now considers me to have threatened to sue it when I have done no such thing.

53.
It is also my understanding that when the judge assigned to this case most recently sought re-election, his re-election campaign chairperson was a partner of the attorney that is currently representing MATF and Beatty (sic) as well as the managing shareholder of Plaintiff’scounsel’s law firm.

54.
Based on all the information contained herein, I believe that I have been prejudiced and that the Court is not impartial towards me.

57.
A reasonable and fair-minded person would not believe that I could get a fair trial before the judge currently assigned to the case and that the judge’s impartiality has been compromised.

Defendant Emanuel Fialkow submitted and signed and submitted this affidavit on June 17, 2011. Judge Craig Schwall, Jr. presides over this lawsuit over five (5) years old..

Note: Read “g.” under paragraph 33 where Manny lists in part ONLY some of the many things he has done for Atlanta’s homeless community. Stop the presses. Hold the phone. Church is out. Synagogue is out. Forget that Manny was the one who got Emory’s discount for “putting them in foreclosure” and “kicking them out of the building” where they live. Don’t make him face a jury! Let bygones be bygones. Why do this? Because he made sandwiches at a synagogue and sent them to the people he is kicking out. What a man!

James Wilson Beaty
Jeremiah 22:16
October 6, 2014

Exhibit 19 AJ’s Premature Celebration

Exhibit 19 Tab 19 AJ’s Premature Celebration

Exhibit 19 Tab 19 was filed in Judge Craig Schwall’s Superior Court of Fulton County on July 11, 2014. The Plaintiff is the Metro Atlanta Task Force for the Homeless, Inc. and the defendants are Premium Funding Solutions, Inc., Central Atlanta Progress and Atlanta Downtown Improvement District. This case arises from a well-documented conspiracy by powerful downtown entities whose purpose among many things was to shut down the Atlanta Task Force and to take the 96,000 square foot building at 477 Peachtree Street in Atlanta. Baker Donelson Attorneys Steve Hall and Bob Brazier represent the plaintiffs. A myriad of attorneys represent Premium Funding Solutions and Atlanta Downtown Improvement District. Troutman Sanders represents Central Atlanta Progress. Three of their attorneys appear in this Exhibit 19; there are 27 other exhibits. Emory University and Emory Health Care, Inc. are defendants in a similar lawsuit in the Superior Court of Dekalb County. Attorney Mark Murray represents the Task Force’s lawsuit against Emory.

The following e-mail is sent from AJ Robinson, President of CAP, to Attorneys Steve Riddell, Robert D. Fortson and William W. Burton at Troutman Sanders on January 28, 2010. By January 2015, five (5) years will have passed. The Peachtree Pine property was stolen almost five (5) years ago, but the Metro Atlanta Task Force for the Homeless, Inc. thrives and occupies the building with homeless people residing there 365 days of the year. AJ Robinson’s celebratory ejaculation happened four (4) years, nine (9) months ago. He wrote the following:

From: AJ Robinson
Sent: Thursday, January 28, 2010 2:15 PM
To: Steve W. Riddell, Robert D. Fortson, William W. Burton
Subject:

Just a note to inform you that Manny now owns the loan on the Pine Street shelter, plan is to begin on advertising for foreclosure tomorrow and foreclose on March 1st or 2nd. Of course loan could be paid off between now and then. We are developing a plan with Manny, United Way, Gateway for post foreclosure.
Aj Robinson.

Note: The foreclosure happened. The plans didn’t. United Way has been planning for decades; however, those women and children who so desperately long for their help seldom if ever find it. Gateway has been closed to women and children for eons.

James Wilson Beaty
Jeremiah 22:16
October 2, 2014

Exhibit 18 Dane Peterson “. . . and have Emory pick up the tab for the difference to the full amount.”

Exhib 18 Tab 18 Dane Peterson: “…and have Emory pick up the tab for the difference to the full amount.”

Baker Donelson Attorneys Steve Hall and Bob Brazier on July 11, 2014, filed Exhibit 18 along with 27 other exhibits in Judge Craig Schwall’s Superior Court of Fulton County, Georgia. All these exhibits bring evidence in a lawsuit pitting The Metro Atlanta Task Force for the Homeless, Inc. against Premium Funding Solutions, Inc., Central Atlanta Progress and Atlanta Downtown Improvement District. These defendants are accused among other things of racketeering, tortious interference, seizing property fraudulently, bribery, and defamation. How ironic that on this 18th day of September 2014, Task Force attorneys learned this a.m. that the City of Atlanta is scheduled to shut-off water at the Peachtree-Pine facility that presently houses some 400 man and 90 women and children.

Some of the members of TEAM GOLIATH who want these redundant men, women and children out of sight and out of mind are the City of Atlanta, Central Atlanta Progress, Atlanta Downtown Improvement District, Cousins Properties, Atlanta Chamber of Commerce, Atlanta United Way, Rocktenn, Inc., Emory Health Care, Inc. and Emory University. Any person remotely familiar with downtown Atlanta’s inveterate flow of corruption expects behavior that disappears homeless people and shuts off drinking and bathing water to women and their babies. For half a century Central Atlanta Progress leadership has disappeared redundant people from their purview. The Chamber of Commerce across the land is synonymous with exclusivity and selective enforcement. The Atlanta Chamber of Commerce had a hand in the recent Atlanta Public Schools’ cheating scandal. Heads have rolled and will continue to roll. Five‘ll get you ten that no more heads from CAP or the Chamber will roll. A.J. Robinson’s pal “Sammy” Williams left the scene of the crime soon after the scandal broke.

Chicanery and deceit occur as business as usual at CAP and City Hall. But snow white Emory? The nun-run Mercy Housing? These doers of all good, Emory Health Care, Inc.? Emory University? Stainless steel Cousins Properties who employs caddies and turns potential waste dumps into championship golf courses for the rich? No way! Exhibit 18 proves that these untainted members of the TEAM GOLIATH conspiracy employ the soiled Manny Fialkow and CAP to do their dirty when it comes to putting “them into foreclosure” and “kicking them out” of their property.
Exhibit 18 names Central Atlanta Progress, Cousins Properties, Inc., Emory Health Care, Inc. and ROCKTENN, Inc. Manny Fialkow smells the green as he volunteers to put them into foreclosure and to kick them out of the building that he is helping to steal.

The three e-mails are quoted in the order that they were sent:
From: AJ Robinson
Sent: Monday, November 30, 2009 6:56 PM
To: jokidd@rocktenn.com; craigJonescousinsproperties.com; Peterson, Dane

Wardlaw paid approximately 50k for 90 day forbearance . . . more later.

From: Dane Peterson
Sent: Sun 12/13/2009 6/31 6:31 PM
To: AJ Robinson
Subject: PE:
Sorry for not catching you by phone. Quick question – is there any value in figuring out how to buy the note with Manny? The idea would be to let Manny get the discount from Mercy / ICE at $800 or so, and have Emory pick up the tab for the difference to the full amount. What John (Head of Emory Health Care, John Fox) was thinking is that Mercy / ICE would be more likely to sell the note if they didn’t have to sell it at a “discount.”
Does this make sense? Probably haven’t figured out all the issues, but this was the reason for my call last week.

Dane

From: AJ Robinson
To: Dane Peterson
Sent: 12/14/2009
RE:

Perhaps possible, Manny could buy at par as well but he rightfully feels like there should be some discount if he was the one to foreclose and kick them out. The issue now which we have not yet confirmed is that Mercy may have agreed with the borrower to not sell to anyone during their next 90 days, or even if they haven’t legally agreed perhaps they told the borrower such. We are trying to get an answer to this question. Stay tuned.

Note: Exposure reaches a new height and a new depth in this Exhibit 18. ROCKTENN is owned by former Emory University Board of Trustees member, Brad Curry. This is the Curry who went along with AJ’s van load of folks to visit Dan Cathy at the Chic-fil-a headquarters. Brad Curry is no part-time English professor or some other low life shuffling around the Emory campus. He’s up there high in the Emory power structure. Brad Curry brings power and influence, Emory muscle to the conspiracy. Dane Peterson mentions “John’s thinking.” And who is John? He’s head of Emory Health Care, Inc. Then Craig Jones of Stainless Steel Cousins Properties is deep in the mix. And Dane “DRIVING MISS DAISY” Peterson parrots John Fox’s suggestion to give Manny Fialkow a discount. And AJ Robinson adds for good measure that Manny deserves a discount since he’s the one putting “them” into foreclosure and then kicking them out. Dane Peterson is the CEO of Emory Hospital downtown, located almost directly across from Peachtree Pine on hallowed Peachtree Street.
Years ago Carl Hartrampf, Anita Beaty and eight men from Peachtree Pine met with Dane Petersen in our conference room. He had called. He then walked across Peachtree Street. While exchanging pleasantries, Dane Peterson, the head of the Emory Hospital said he loved Atlanta so much because as a newcomer to Atlanta he’s reminded often of DRIVING MISS DAISY. What did Dane mean? Is Atlanta nice to drivers and caddies?
The Emory Proton Therapy Center is being built right now on North Avenue some six blocks north of our 96,000 square-foot building. Our building would have been more convenient for Emory.

James Wilson Beaty
Jeremiah 22:16
October 2,2014

TEAM GOLIATH STUMBLES AGAIN!

Millions of people throughout the social and local media have learned that the City of Atlanta refused to accept a $100,000.00 check in partial payment of an outstanding water bill at a facility for homeless people. A few days later the $582,383.53 bill was paid in full by the Metro Atlanta Task Force for the Homeless, Inc. averting the water being shut off. The City’s devious plan was apparently foolproof and certainly extensive. Refusing the $100,000.00 proved TEAM GOLIATH did not want the money. They wanted those redundant people out of that building and away from downtown Atlanta. By law a water bill paid in full must be received. TEAM GOLIATH had no choice but to take the money. One of the City’s more disgruntled attorneys muttered something like they were so glad the Task Force was able to pay the bill. In truth, paying the bill is the last thing that person wanted. She and her coterie wanted the water turned off.

Had the City shut off the water at the Peachtree-Pine facility, her officials would have called Fulton County officials. And of course, for health reasons the County health folks for the good health of the people would remove them from UNHEALTHY Peachtree Pine. Those Atlanta citizens numbering children, their mothers and 400 men have nowhere to go; nevertheless, go they will if TEAM GOLIATH has a say.

The City of Atlanta through the auspices of United Way of Atlanta employed a fortnight or so ago a Crisis Team to come from New Orleans to Atlanta for the purpose of “TRANSITIONING” ALL the people out of and away from the Peachtree Pine Community. People were actually paid by United Way dollars and/or Atlanta tax payer dollars to come to Atlanta to be ready for the shutting off of the water. The Crisis Team was in the City for an undesignated period of time. They returned home the day after the half-million-dollar payment was made. City “officials” scheduled a meeting for Monday, September 29, 2014, away from City Hall, set for 1 pm with Task Force staff. The purpose of that meeting was to plan the placing of the 100 women with their children. That 1 pm meeting was cancelled by City Hall.

The need to “transition” women and children suddenly disappears as far as the United Way TEAM GOLIATH movers and shakers are concerned. TEAM GOLIATH stumbles regularly. More often than not, however, the monster, like all evil, rises soon to create more angst. Atlanta has a marvelous opportunity to be a City, a Jeremiah’s City, an Isaiah’s city, that City on a hill that spreads light, joy and hope.

Please pray that LEADERSHIP, real leadership that focuses on suffering men, women and children will come miraculously our way. And on the way to that utopia could we have some potholes filled and person-hole covers leveled. Where is the Great Shirley Franklin’s Pothole Posse when we need it. We have a $100,000,000.00 Streetcar Named Disaster and a thousand streets whose surfaces are an embarrassment. Isaiah 60:17b speaks of a rotten Jerusalem whose governors would be righteousness and whose rulers would be justice. Atlanta, no less guilty than a fallen Jerusalem, can change direction. Mark it well that it does not have to be this way. There exist two possibilities for relief for Atlanta: one, that the present regime do a moral about-face: or, two, that the present regime be extracted from below and beyond its deepest abscess. I fear that the latter has a greater chance of coming to pass than the former.

James Wilson Beaty
Jeremiah 22:16
October 1, 2014