At D R Horton, in order to sell defective homes with predatory in house originated loans, a little outside help is needed.  Building officials need to be bought, state officials put on the payroll, and sympathetic judges enlisted.  What consumers don't know will hurt them.

You can’t make this stuff up.  For verification, you should all visit the official electronic federal court docketing system known as PACER to read the official court documents.  Get an account and then type in the case numbers listed in the 'Federal Officials' tab within this site to get access to all the following and within information.  This is truly an American tragedy.

 

A sister site where more information is available, including official FTC records, without having to access PACER is at: http://www.drhortonhomesstink.info/ 

 

The August 8, 2009 letter immediately below links to dozens of outside third party corroborating sources which overwhelmingly prove DHI's rampant unchecked nationwide RICO.

Patrick Missud

Attorney at Law

91 San Juan Ave

San Francisco, CA, 94112

415-584-7251 Office

415-845-5540 Cell

missudpat@yahoo.com

 

August 8, 2009

 

Att’n: Defendants and Agencies

 

Re:       Missud v. DHI et al, RICO and Conspiracy to commit RICO

Via:      Certified, and e-mail: dennis.barghaan@usdoj.gov, greener@sec.gov            

___________________________________________________________________________

Attention Defendants, Agencies and Federal Agents,

 

This is notice of an imminent RICO and conspiracy to commit RICO suit naming:

RICO operating D R Horton Inc. [DHI] and DHI Mortgage;

Aiding and abetting federal judges Roger Benitez and Saundra Armstrong;

Former South Carolina Magistrate and DHI under the table employee Curtis Coltrane;

Former Nevada Deputy Commissioner and DHI under the table employee Susan Eckhardt;

Criminally enabling defense firms Wendell Rosen Black and Dean, Wood Smith Henning and Berman;

Felonious DHI in house counsel/board members Morice, Buchanan, Buschacher, Galland, Harbour; and

Non feasant State Bars of California, Nevada and Texas.

 

Syndicated media will first receive copies of the complaint with supporting evidence long before the defendants’ summons are served.  The  following are just the facts, supporting the case for judicial corruption, official corruption, and ethics violations by state Bar members and associations.  A limited assortment of official  government admissions/records and registered judicial decisions are enclosed or cited, or internet links to web accessible information are provided, or hard copy evidence enclosed with my certified March 18, 2009 letter which you have each positively received.  This current letter will soon be posted to www.drhortonsjudges.info for media’s and Americans’ ease of access.  My intent is to ruin the reputations of the named individuals and corporations and to expose the various governmental entities responsible for DHI’s predatory lending which has cost 300 million Americans trillions of dollars in bail outs while allowing the corporate elite to avoid ‘justice.’  The compassion that I will now show the named defendants will be similar to that shown by the DHI corporation and its officers towards its own consumers.  Every defendant who has “dealt with the devil” will now become a victim of DHI’s own corporate fraud and hopefully lose as much as the hundreds/thousands of preyed on, foreclosed and bankrupted DHI consumers found nationwide.  Markopoulos exposed Madoff’s ponzi scheme which injured only thousands of private investors and several large funds.  I plan to expose the miscreants who have caused catastrophic worldwide economic losses.

 

Rampant Builder/Affiliated Lender RICO:

On July 1, 2009, 8^th largest builder/affiliated lender Beazer Homes signed a deferred prosecution agreement, admitted to predatory lending/mortgage fraud, and agreed to $50 Million in consumer restitution.  The FBI, SEC and HUD agreed to settle in lieu of prosecuting “Beazer’s participation in a scheme designed to increase its mortgage company’s profits and sell homes, … arranging larger loans that consumers could afford, …fraudulently inflating home prices to offset (incentives),” generally inflating interest rates on the back end, and intentionally overstating consumer income to qualify for home purchases.  http://charlotte.fbi.gov/dojpressrel/2009/ce070109.htm   Scores of Beazer’s consumers have been foreclosed on and bankrupted.  Hundreds more have been financially ruined.

 

Ryland, KB and Hovnanian Homes and others have also similarly been found involved in antitrust and predatory lending.  http://www.ctwinvestmentgroup.com/fileadmin/group_files/CtW_Inv_Grp_to_DR_Horton_Board.pdf

 

D.R. Horton’s [DHI]  sales volume is FOUR times as great as Beazer‘s and qualifies for a minimum of $200 Million in consumer restitution.  Hundreds of official government documents and hundreds more consumer emails in my possession prove the losses with absolute certainty.  Hundreds of DHI’s consumers have been foreclosed on and bankrupted.  Thousands more have been financially ruined.  All indications however are that the DHI elite will skate and the white collar criminals will never have to answer for crimes that minorities and small fish regularly pay for….and ‘justice’ for all.

 

HUD’s Request for my DHI Predatory Lending File:

On July 19, 2006,                HUD Director Ivy Jackson personally requested my then small file regarding DHI’s regional predatory lending occurring throughout California and Nevada.  I was happy to oblige and quickly sent her the documents. 

 

On November 19, 2006 AP syndicated real estate columnist Ken Harney then printed “Builder-lender partnerships draw HUD eye.”  Within that article he wrote “the statute police have begun intervening in complaints brought by individual consumers who say builders are unfairly forcing them to use their affiliated mortgage companies.”  The following paragraph then begins to detail the same identical stories that I had sent certified to HUD’s Director Jackson.  http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/11/19/REG7TMEK8A1.DTL

 

Judicial Furtherance, Assistance and Enablement of DHI’s RICO:

On June 8, 2009, the U.S. Supreme Court ruled that West Virginia’s judge Benjamin should have disqualified himself from an appeal of a $50 million jury verdict against Massey Energy Co because the coal mining company's CEO had been one of his major campaign donors.  Benjamin’$$wing vote predictably favored Ma$$ey Energy which had contributed $3M to his re-election. http://www.reuters.com/article/domesticNews/idUSTRE5573RU20090608

 

In June 2006, South Carolina’s “Special Magistrate” Curtis Coltrane twice cited DHI’s corporate special interests to trump a community’s and couple’s First Amendment Right to speech and assembly at Beaufort’s traditional public forums.  [06-CP-07-1658,2224 and http://www.drhortonhomeofhorrors.info/South_Carolina.html   However, another Magistrate not on DHI’s payroll properly ruled against DHI when it tried to again eliminate the 222 year old right to speech and assembly in Richland County South Carolina.  http://www.wistv.com/Global/story.asp?s=6676111  Now in 2009, according to Southern Carolina’s Beaufort bench, $pecial Magi$trate Coltrane is no longer in their service nor even practicing law.  Perhaps Coltrane’$ former DHI income is $ufficient to $upport hi$life$tyle.  His friend of a feather was $imilarly indicted recently on July 31, 2009, $upporting her own life$tyle:  http://www.greenvilleonline.com/article/20090731/NEWS/907310329/0/NEWS01/Beaufort-court-clerk-resigns-after-embezzlement-charges

 

In October 2007, Northern District of California Judge Saundra Armstrong quickly closed a DHI predatory lending case which precisely mirrors the smallish $50 Million Beazer deferred prosecution case.  $he resoundingly refused the plaintiff’s offer to bring dozens (now hundreds) of nationally defrauded consumer contacts to an oral hearing for which there would have been a public record.  $he ignored a Clark County court finding of fraud and deceptive trade practices by the $ame defendants, when $he should have given that ruling full faith and credit.  Judge $aundra Arm$trong even dismissed an official police report generated in the ordinary course of business by an officer whose official duty was to accurately document the bombing of the plaintiff/whistleblower’s truck at 10:00 PM on August 3, 2007.  http://drhortoncouldhavekilledme.com/index.html  Coincidentally, at 10:00 PM that very same evening, the plaintiff’s already month long sponsored internet campaign had informed yet another 1000 people nationally of DHI’$RICO.  The plaintiff can now point to 200 million reasons why DHI would want to silence him through fear and intimidation. Perhaps Arm$trong can point to $everal hundred thou$and rea$ons why $he found for DHI.  [4:07-02625-SBA].  Most recently on August 11, 2009, this court even entered document number 55 into PACER, misrepresenting that it was “filed” by the whistelblower’s wife despite her non-involvement in these DHI RICO related matters, and to somehow taint her as a licensed attorney.  The northern district’s federal judiciary has now taken its own official retaliatory judicial action to prevent a federal informant from truthfully informing government and the public of DHI’s nationwide crimes in contravention of CFR Title 18, Section 1513(e).  http://www.law.cornell.edu/uscode/18/usc_sec_18_00001513----000-.html   Another questionable directed verdict by Arm$trong is her dismissal of big money tobacco companies in a suit which should have been the seventh in a row favoring consumers. By the time that $he ruled in December 2003 to break the consumer win streak, it was common knowledge that tobacco companie$manipulated nicotine levels and hooked kids into smoking.  http://stic.neu.edu/ma/8macomplaint.htm and http://www.tobacco.org/articles/lawsuit/conley/   Yet another very questionable ruling is when Arm$trong recently refu$ed to accept a settlement agreement which would have required nearly $1.2M in fines and the shuttering of a biotech business.  Rather than let those expensive conditions happen, Arm$trong did not accept the settlement but in$tead required the prosecutors to strike a new deal with the wealthy entrepreneur. http://www.law.com/jsp/article.jsp?id=1202423114944

 

In March 2009, Bush Jr’s hand picked corporate-favoring Judge Roger Benitez, who believes that an unregulated DHI has nothing but consumers’ best interests in mind, compelled arbitration for five blatantly defrauded DHI predatory lending victims.  The victims’ communities were separated by nearly 500 miles, with their DHI originated mortgages issued by different branch offices.  A DHI corporate insider from Texas, 1500 miles away, also confirmed that DHI Mortgage’s policy in Texas, as well as in California, Nevada, Virginia, Florida, Oregon, Washington, Illinois, Colorado…… is to require consumers to use DHI’s affiliated lender otherwise lose their thousands in deposits.  On May 20, 2009, the consumer advocacy group Public Citizen printed “Home Court Advantage, How the Building Industry Uses Forced Arbitration to Evade Accountability“   http://www.fairarbitrationnow.org/uploads/HomeCourtAdvantage.pdf  In the very well researched 53 page document citing 340 sources, Public Citizen  determined that arbitration is overwhelmingly effective for corporation$which keep arbitrator$in busine$$by requiring consumers to capitulate to boilerplate and unconscionable mandatory arbitrations clauses.   Indeed, this was the very same finding in document #24 which was timely submitted into evidence.  The undeniable mathematical statistics from both these documents are that forced arbitration costs consumers even more money than they have already lost in the original fraud.  I have a second and third DHI corporate insider /informant who also agree with the first that DHI illegally ties home sales to mortgage services.  There were many ample grounds for invalidating the arbitrations clause.  After all “arbitration agreements are favored and ‘shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law OR IN EQUITY for the revocation of any contract.‘” [3:08-CV-00592-BEN-RBB, Order to Compel Arbitration, page 4, lines 13-15].    Under contracts 101, fraud and non-mutuality rescinds contracts and clauses.  Any contract in which fraud is contemplated is also an illegal unenforceable contract.  DHI could not have contemplated that contractual fraud would have to be arbitrated under terms of the agreement.  Benitez‘$deci$ion to force arbitration on these already once defrauded consumers is either incompetent or corrupt.   

 

Federal Cover up of 5 years notice of DHI‘s RICO :

I can prove a HUD cover up in three different ways.  Said cover up is to suppress the information which HUD should have acted on five years ago to prevent our currently growing $3,000,000,000,000 bail out caused by rampant mortgage fraud and predatory lending.

1. On December 31, 2008 the FTC found 205 pages of responsive records to my FTC FOIA request #2009-00355, which sought predatory lending complaints against DHI and DHI Mortgage.  One of the 190 pages that the FTC released even contained one of my complaints copied to and then only forwarded by the DOJ.  In fact, the FTC recorded about 9 of my complaints and updates that I had sent by certified mail.  My predatory lending complaints were among 44 others from 16 other states.  All of the FTC’s records which I sent were received as carbon copies of letters sent directly to HUD.  Ironically, HUD has not been able to find any of my or any others’ complaints in its own archives.  HUD though is the primary regulatory authority to receive, TILA, RESPA and mortgage fraud complaints not only from myself, but from at least 16 other DHI market states. 

2. On February 6, 2009 HUD’s Office of the Inspector General sent a letter in reply to my HUD FOIA request which sought information regarding predatory lending by DHI, this country’s single largest builder/affiliated lender.  Their research indicated that there were “no responsive records” to problematic DHI and DHI Mortgage transactions.  However, three weeks later on February 27, 2009, HUD miraculously managed to find nearly 7700 administrative records proving builder/affiliated lender fraud against consumers in case 08-CV-01324-AJT-TCB.  Then on April 30, 2009, after my second FOIA request again seeking this exact type of information, or a copy of the 7700 administrative records, HUD reiterated the position that it had no responsive records.

3. On March 12, 2007 at 03:24:10 PM clerk 03 accepted and scanned both bar coded certified packages 7006 2150 0001 1108 5058 and 5065 into a computer at the Onondaga Post office.  Both 5 ounce packages containing 30 double sided pages of proof of DHI’s predatory lending were addressed to HUD and the FTC in Washington DC 20580.  The computer generated receipt #0567830036-0096 is also logged into the computer as Bill #1000402285364.  This paper receipt was printed seconds after all this computer information was instantly registered within the USPS database.  Inexplicably, when one tries to track the packages on usps.com, there is now “no record” of 60 pages of tips to HUD/FTC which could have pre-empted our economic crisis directly linked to predatory lending and mortgage fraud.

4. To this day, my HUD FOIA request remains unfulfilled despite new FOIA guidelines which claim to provide more transparency in obtaining just such government records.  I have yet to receive a single document from HUD, the federal agency commissioned to prevent predatory lending and to archive just such records.

 

State Agent Furtherance and Enablement of DHI RICO:

On June 1, 2006, Nevada’s Deputy Commissioner for Mortgage Lending $u$an Eckhardt finally replied to my third subpoena demanding a written explanation as to why she did not investigate DHI Mortgage despite my having forwarded 20 separate instances of predatory lending to her office.  By Nevada state law $he was to have provided her answer, without the necessity of any subpoenas, and within 90 days submission of my complaint.  Within her 9 month delinquent answer $he essentially stated that although $he issued five licenses to DHI Mortgage, her office could not regulate the company.  Twenty six days later, Nevada’s Attorney General informed me that they were searching for her replacement and if I could send them my file.  Today, Las Vegas is the foreclosure capitol of the world, with 1 in 68 homes already foreclosed or in the process of foreclosure.  $u$an Eckhardt is responsible for millions in lo$$e$and the bankrupty of thousands in her own city.  I believe $he left town and $ought employment el$ewhere.  http://www.drhortonfraud.com/

 

In East Hempfield Pennsylvania building code official$ passed rampant, notorious, non code compliant construction defects in favor of DHI.  When third party inspectors were asked to review DHI’s construction, the massive defects were easily spotted and the County’s code official$rapidly terminated.  http://www.donaldhortonisacrook.info/Pennsylvania___S.html

 

Other rampant DHI RICO:

The FBI found Beazer type appraisal fraud in DHI’s Virginia’s Rippon Landing.

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/17/AR2007121701993.html  DHI’s fraudulent appraisals also extended to Florida.  http://www.publicintegrity.org/articles/entry/1265/  DHI’s fraudulent appraisals also extended to Nevada where consumers have stated that the base price of their homes would increase if outside financing was secured.  One example being that a home would cost an additional $53,000 if the purchaser/mortgage agent brokered his own loan.  A second example being that the base price was so inflated that outside lenders would not finance and the buyer had to close with the much more expensive DHI Mortgage by default.  Other (English as a second language) Nevadans have also had their homes reappraised only to find that they had been swindled at the time of their purchase.  About half of that community is now bankrupted.

 

DHI transfer tax evasion was discovered in Pennsylvania’s Village Grande development.  DHI of course had the home buyers pay for their upgrades.  Those same upgrades however were conveniently omitted from transfer taxes when it came time for DHI to pay the state tax.  http://www.donaldtomnitzisacrook.com/

 

DHI mischaracterizes its work force to evade payroll taxes in New Jersey. http://www.nj.com/news/index.ssf/2008/03/carpenters_union_sues_builder.html  DHI did the same in Punta Gorda Florida.  http://jacksonville.com/tu-online/stories/021704/met_14837472.shtml

 

DHI forged special inspections records for structural components in Yuba County California.

http://www.appeal-democrat.com/news/brown-49525-homes-county.html

 

Arson is suspected in DHI’s money losing Paramount condominium project in San Diego and another in Vacaville California.

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/01-19-2007/0004509366&EDATE=

 

DHI misrepresentation in all 27 market states concerning land misrepresentation, warranty and construction defects.

http://www.complaintsboard.com/complaints/d-r-horton-c219874.html#c393078;

http://www.consumeraffairs.com/housing/dr_horton.html; and starting on page 35 at http://ftp.sec.gov/divisions/corpfin/cf-noaction/14a-8/2008/patrickmissud112108-14a8.pdf

 

SEC violations:

The SEC has logged complaint HO1042390 in its archives concerning DHI’s accelerated closing and threatened deposit forfeiture on an incomplete home to qualify for that quarter’s earnings.  The house was ready for move in 3 months later in the next quarter.  Apparently, that consumer’s neighbor also suffered the same fate.  Likely scores or hundreds of others had to pre pay for homes they could not live in because Tomnitz’ email directives to DHI agents were to meet sales goals every quarter, at all costs, by whatever means to increase stock valuation and outperform peers’.  http://www.donaldtomnitzisacrook.info/Tomnitz_Emails.html

 

During the recent 2009 2d Qtr earnings conference call, CEO Donald Tomnitz made material misrepresentations to shareholders in claiming that DHI Mortgage “does an excellent job underwriting mortgages and the related risk associated with it…” This despite an overwhelming mountain of proof that he has personal knowledge to the contrary which brings us to DHI’s predatory lending….

 

Rampant DHI predatory lending/mortgage fraud in 17 states according to the FTC’s own files, 20 states according to my even more extensive files, and all 27 of DHI’s market states by simply surfing the web: “d r Horton predatory lending” or “d r Horton mortgage fraud.”  http://www.drhortonhomesstink.info/FTC_Records.html  

 

My own very extensively documented case for which DHI has already produced documents and admissions has yielded blatant DHI lies.  DHI had my loan positively and internally approved yet sent me a fraudulent federally certified letter claiming that I had breached their contract of adhesion by “not fulfilling DHI Mortgage’s requirements” or becoming “fully approved.”  The reason for their fraudulent predatory letter informing me that they would retain my deposits and cancel my contract was because I instead ’chose’ to finance with Wells Fargo.  The greedy DHI board of directors who crafted their antitrust corporate policy leaving consumers no choice in lenders, would not “earn” a mortgage origination commission from me nor be able to resell my loan for their corporation‘s bottom line.  In FACT, Las Vegas DHI Mortgage agent Michael Mason first claimed in two successive letters that I was “approved,” then only “preliminarily approved,”  then “not approved” in a fraudulent statement to DHI‘s under the table employee and former Nevada Deputy Commissioner, then finally “approved” in California court documents to evade jurisdiction which would have come by way of lying to the California court.  Clark County Nevada case #A551662, San Francisco Superior #05-447499, and http://www.drhortonconfidential.com/id2.html

 

In Betsinger, four other Las Vegas DHI agents have already been civilly liable for fraud.  [#A503121].  The four criminally acting DHI agents are in addition to the agents involved in my case and several more who are also pervasively found throughout the 190 pages of FTC responsive records.  It would seem that all the Las Vegas DHI Mortgage agents were following the same nationwide predatory lending scheme originating from DHI’s Fort Worth boardroom just as declared by DHI corporate insiders.

 

The retaliation that DHI has taken against me as a federal informant in nationally exposing their vast predatory lending and mortgage fraud has occurred four documented times, the last by car bomb.  [http://drhortoncouldhavekilledme.com/index.html].  My information and scanned certified letters are posted in 16 web sites on the web which have by now been seen by over a million Americans. http://ftp.sec.gov/divisions/corpfin/cf-noaction/14a-8/2008/patrickmissud112108-14a8.pdf, http://www.drhortonconfidential.com/)

 

DHI defense attorney perjury:

In California, Wendel Rosen Black and Dean attorneys perjured themselves twice to the San Francisco Superior Court, the first time by falsely claiming to have contacted me for an ex parte hearing.  http://www.drhortonconfidential.com/id2.html

In Nevada, Wood Smith Henning and Berman attorneys have perjured themselves three times denying the receipt of certified mail, making false statements to the former DHI corrupted Deputy Commissioner Eckhardt, and in mis-stating a court ordered form of order. http://www.drhortonconfidential.com/id3.html

In Texas, 5 DHI board members who also happen to be attorneys have been repeatedly notified of discovery of their boardroom originated predatory lending yet have done nothing to stop it.  http://www.drhortonconfidential.com/id5.html

DHI in house counsel’s exhibit G in case 08-CV-01324 boldly claims to have “high customer mortgage origination satisfaction.”  DHI even offers a single letter by a happy customer as proof.  The truth though is that DHI ranks slightly better than predatory lenders Ryland and Countrywide.  That information was compiled by independent third party JD Power and Associates and posted to the web.  http://www.jdpower.com/corporate/news/releases/pressrelease.aspx?ID=2007166#2007166e  (Note that the hyperlink to the hard data no longer works, although there are calls to it which pervasively exist throughout the web.  This information is being suppressed so instead, a hard copy record was printed before all the damning data disappeared and was sent in support of my March 19, 2009 letter.)  Rather than a single letter in support of DHI’s “satisfactory mortgage origination,” I offer 44  from the FTC records, and hundreds more from my own archives, all of which claiming that DHI is a predatory lender in at least 20 of DHI’s 27 market states. 

 

State Bar Non feasance:

The California bar has been repeatedly notified of California attorneys taking part in DHI’s RICO furthering nationwide mortgage fraud, yet has taken no action.

The Nevada bar has been repeatedly notified of Nevada attorney mis-conduct which has enabled DHI’s nationwide mortgage fraud, but has taken no action.

The Texas Bar’s non feasance starts on page 23 of http://ftp.sec.gov/divisions/corpfin/cf-noaction/14a-8/2008/patrickmissud112108-14a8.pdf   Several certified letters were posted to all these organizations.  To date the TX state bar has taken no action against five DHI general counsels and board members who have orchestrated the nationwide predatory lending which has contributed to the world’s financial melt down.

 

Conclusions:

Every single system and organization meant to protect consumers from DHI’s predatory lending has completely failed them.  This has in part resulted in the current $3 Trillion recession/depression.  DHI is the largest builder/affiliated lender which has the highest captive capture percentage whereby its in house affiliated lender DHI Mortgage finances DHI home sales at the astounding 95% rate.  [DHI’s 10K].  This is the highest among all the builders, however, DHI Mortgage’s origination satisfaction is among the lowest of all the builders and just slightly better than Countrywide and Ryland, two mortgage originators already having been found to write predatory loans.  Hundreds of nationwide consumers have filed complaints regarding DHI’s predatory loans with various organizations including the FTC for years.  FTC records show that at least 44 consumers from at least 17 states have claimed that DHI Mortgage originates predatory loans.  Federal and state courts have been deluged with predatory lending complaints against DHI and DHI Mortgage for years.  DHI and DHI Mortgage agents Ward, Callihan, Martinez, Mason, Schankin, Collins, Frasure, Knobloch, Yow, Trembly, Branecki, Rivera, Brockway, Pena, Costello, Zenner, Toelle, Howe, Casner, George, Williams, Buckler, Stowell, Grether, Toth, Wolf, Buckingham, Romo, Smith, Teamer, Raddon, Hovander, Belding, Lackman, Rhoades, Leona, Bradshaw, Adoni, Christiano, Boslooper, Kelly, Seifrid, Evans, Medeiros, McVay, Nguyen, Koski, Greenberg…… from Nevada, California, Virginia, Arizona, Oregon, Maryland, Texas, Georgia, Colorado, Washington, New Mexico, Illinois…..have each been implicated, some found civilly liable, and others reprimanded for predatory lending.  Federal and state agencies are currently covering up their lack of enforcement of consumer protections laws because their liability to the general public is overwhelming.  A corrupt Nevada Commissioner has made Las Vegas the foreclosure capitol of the world having decimated property values in that area for every single property owner.  Judicial and official corruption in South Carolina’s Beaufort and Bluffton Counties is rampant. The federal and state judiciaries have furthered and enabled DHI in fleecing consumers and now American tax payers of their hundreds of millions of TARP funds by time and again favoring DHI‘s corporate interests over consumers‘.  DHI’s defense attorneys who have taken ethical oaths to not further crimes have nevertheless taken an active role in assisting DHI’s RICO.  State bars which are supposed to police attorneys have been proven impotent or reluctant to stop the attorneys’ criminal acts.

 

The intent of the forthcoming RICO filing is to provide a permanent record of defendants’ roles in assisting the DHI criminal enterprise.  Even CEO Tomnitz stated in the second quarter conference call that DHI has “originated billions in loans over the past ten years.“ Those predatory loans could have been stopped by HUD five years ago, by Commissioner Eckhardt three years ago, by judge Armstrong two years ago, and by judge Benitez this year.  Another reason to file this imminent RICO suit is to trigger defamation claims by the individuals or disbarment proceedings by the defendant organizations.   Once these have been initiated, I can blindly reach into my file cabinet, withdraw several hundred recounts of DHI’s predatory lending, prove every single allegation with certainty and achieve the public exposure that I now require.  Know that DHI sued the Scripps Broadcasting Corporation in 1999 for far less negative exposure than I have already brought them, yet DHI doesn’t attempt to sue me for fear of additional exposure.  [99-CV-196].  DHI filed a SLAPP suit against consumers in Safe Homes Nevada but lost to an honest judge applying the First Amendment.  http://www.reviewjournal.com/lvrj_home/2003/May-29-Thu-2003/business/21422432.html  DHI twice filed injunctions preventing speech in South Carolina and was only successful because judge Coltrane was on their payroll.  The next honest South Carolina judge properly refused DHI injunctive relief and allowed sacrosanct inalienable speech and peaceful assembly to continue as it has for 222 years.

 

To the federal judges receiving this transmission: As an attorney I am supposed to respect court rulings.  I have completely disrespected yours, linked your decisions to corruption or incompetence, already contacted media, and should be disciplined with contempt of court.  Not taking this step would be seen as a tacit admission or an adoption of the allegations by silence.

 

To the state bars receiving this transmission: As an attorney I am supposed to follow ethical codes of conduct.  I have in many instances not followed those canons.  You should each initiate an investigation into my actions.  Not taking this step would be seen as a tacit admission or an adoption of the allegations by silence.

 

To the federal agents receiving this transmission: In the Beazer deferred prosecution, the DOJ states that indicting the principles at Beazer is not a consideration because it employs 15,000 individuals and would have a detrimental effect on unemployment.  This is not the case since the builders generally hire sub contractors and have few corporate employees.  DHI’s Donald Tomnitz is on record during the Q2 2009 conference call claiming that his company, the largest of residential builders, employed only 2,900 people.  There would be a negligible, if any, net loss in jobs if DHI were to completely fold.  DHI’s market share would be easily absorbed by over 15 of its competitors which would be happy to see it go, employ some of its less criminal agents, and hire DHI’s leveraged and undercut/over-worked sub contractors.  However, a bankrupted DHI would injure the interests of thousands of its victims created through predatory lending, warranty misrepresentation, land sale misrepresentation, construction defect………. so instead I suggest the following.  In 2006, Chairman Donald Horton ranked as the 606^th richest man in the world and should restore consumer losses from his own pocket.  I understand that the entire DHI board was also very well compensated and even received bonuses for defrauding thousands over the course of years.  One such director was even Francine Neff, the former U.S. Treasury Secretary hired to peddle political influence on Capitol Hill and meet with Franklin Raines of Fannie Mae infamy. 

http://sec.edgar-online.com/horton-d-r-inc-de/def-14a-proxy-statement-definitive/2005/12/14/Section3.aspx

http://seattletimes.nwsource.com/html/businesstechnology/2004358433_webraines18.html  

 

Very well established mail fraud and racketeering laws should provide federal agencies with the jurisdiction to take such actions.  Since profits from illegal undertakings should be disgorged, I recommend starting with the felons (and former high ranking federal officials)  in Fort Worth. 

 

 

Just the facts, just sue me,

 

/S/ Patrick Missud

___________________________

Patrick Missud, Esq. CA #219614

 

P.S.:        1.Can I have my HUD FOIA request now? 

2.The usps positively “accepted” the following in the few seconds after they were scanned into the usps database:

 

Holder #7009 0080 0001 6752 8689;

Armstrong -8696; Benitez -8702; Cal Bar -8719.

In numerous states throughout the Country, local, state and even federal officials have time and again supported D R Horton to the detriment of consumers ..... and perhaps even received a benefit for themselves.  See the official documents within.  Contact me as below:

Patrick Missud
91 San Juan Avenue
San Francisco, CA, 94112
415-845-5540
FAX 415-584-7251
missudpat@yahoo.com