When Prosecutors Lie – Who Prosecutes the Prosecutors?
When Prosecutors Lie – Who Prosecutes the Prosecutor?
When federal prosecutors break the law to "win" their cases rarely does a person have proof of what actually went on inside the U.S. Attorney's Office. Because I was put on trial two times -- each trial lasted six weeks -- I have very detailed proof of prosecutorial law breaking:
(1) I won the second trial on identical charges using evidence that Federal Prosecutor Mark Bennett said in writing and under oath did not exist. Mark Bennett said there were no FBI interview summaries of any discussions with lender executive Steve Newcomb but that was a lie. I obtained that interview and found that Mr. Newcomb told prosecutors his employees were permitted to approve 'no money down' loans, proving there was no fraud to trick any banks. But that interview so undermined the prosecution's theory of the case that is was suppressed.
(2) The lead investigator for the Mortgage Fraud Task Force, Arvin Clar, has his hands in lots of cookie jars. He's a detective but -- at the same time -- he's being paid by the same banks involved in my case as a "security consultant." Isn't that a blatant conflict of interest? No, Mr. Clar told incredulous jurors, he's always been fair.
(3) The lead government witness, Kathryn Clover, who purchased or managed all of the properties at issue in federal court, told state jurors she lied in federal court then took the Fifth Amendment. Ms. Clover also received undisclosed financial benefits obtaining scholarships and student loans from prosecutors, who helped her remain in law school (you just can't amke this stuff up!!) Mrs. Clover also admitted working inside the prosecutors office on this case and even took evidence home to review. Lying in federal court is cool, as long as you're a government witness!
(4) The supposedly innocent banks were busted in state court altering documents. I'm in jail for tricking banks into making no money down loans but the banks knowingly approved those terms in writing before closing and even sent written instructions approving no money down loans. Borrowers signed those documents. Later, however, banks altered documents and created new forms (without borrower signatures) and placed those new forms in the lender files.
We set down bank documents from the same property next to each other in state court proving that closing documents borrowers were given didn't match the documents in the lender files. Wrongdoing took place inside the bank's office and had nothing to do with me. But the government doesn't care -- the government refuses to change their narrative: bank is an innocent victim. Even when banks admit wrongdoing and pay billions of dollars in fines, banks weren't required to withdraw false trial testimony in my case or other, similar cases. So innocent people stay in jail while banks get to break the law.
(5) State Prosecutor Dan Kasaris and his wife Sue bought and sold multiple properties "no money down, cash back" including one on Royalton Road. I was being prosecuted for something the prosecutor did. Prosecutors routinely threaten people's spouses but they don't like it much when their spouses are brought into cases. I didn't care and -- in an effort to spice things up -- I added Sue Kasaris to my witness list, so she could explain why what she did was legal. But I was winning the trial and didn't need any more witnesses to prove my innocence so I didn't call Sue to the stand. Perhaps a reporter can follow up with Mr. and Mrs. Kasaris on this one!
I learned that once prosecutors start to lie, they are trapped. Mark Bennett said there was no interview with Steve Newcomb. But even though I had the interview, he didn't know that. So I kept asking for it and Mark Bennett kept on lying -- both in writing and by false representations to the court. Prosecutors who break the law need to be held accountable but -- so far -- this has not happened in my case. Where in the constitution does it say prosecutors can engage in unlawful "win at all costs" litigation?