Cocktails & Popcorn: Avern Cohn - One Of The Original Old School Civil Rights Legal Dogs Celebrates His Birthday In Detroit

"Happy Birthday, Original Old Dog!
Show the world how we do it in
Detroit."

Happy Birthday, Precious!

I would pop by and grab a few coneys for the boys, but that may be a bit awkward for some.

Instead, from afar, I send my love and shall see you soon.

Yes, there is a complete volume of Civil Rights that is being suppressed by the #coloredrevolution, but fear not, for I am recording the fall of the heavens.

At nearly 95, Judge Avern Cohn 'calls it the way he sees it'

AVERN COHN, ON THE U.S. DISTRICT COURT BENCH SINCE 1979, HAS AN INTELLECT AS KEEN AS GINZU KNIVES, EVEN AS HE TRIES TO GET A HANDLE ON HIS TEMPERAMENT

Detroit — The first time Matthew Schneider met Judge Avern Cohn, Cohn threw him out of the courtroom. But that's not the point of the story.

Avern Cohn, One of the Original
Old School Civil Rights Legal Dogs

The point is what happened next — and what happened next helps explain why there will be a throng in that same federal courtroom Tuesday, eating Coneys and raising plastic cups to Cohn's 95th birthday.

They'll be toasting an eventful near-century.

A medical school dropout, as he likes to put it, Cohn is legendary for his blasts of temper, but also renowned for his ability and his intelligence.

He represented looters for free after the 1967 uprising, served as a Detroit police commissioner when that meant working to integrate the force, had his name taken in vain in an Elmore Leonard novel, and keeps quasi-effective hand-written reminders taped to the low ledge that stands between his stern gaze and a parade of nervous attorneys:

"Keep cool!!!"

My first drawing of Avi

"He who angers you controls you."

"No matter how high the throne, there sits but an ass!"

Cohn has been on the U.S. District Court bench since 1979, and you hate to say he's still sharp because that's a low-threshold term you use for someone who can keep track of four bingo cards.

“He calls it the way he sees it, and we need more of that in this world.”

MATTHEW SCHNEIDER, U.S. ATTORNEY FOR THE EASTERN DISTRICT OF MICHIGAN
He carries a full caseload. He reads six newspapers a day and gives three news sites one last check before bed. He has an intellect and a tongue as keen as Ginzu knives, even as he's trying to get a handle on the temperament.

He has "a relentlessly curious mind," as former chief judge Gerald Rosen puts it, and a history of important cases.

And he has Schneider, the U.S. attorney for the Eastern District of Michigan, as a friend.

Schneider is 45, still less than half Cohn's age. At 29, he was four years out of law school and new on the federal prosecutor's staff, at a hearing for a case about human smuggling.

The details aren't vital. What's important, he says, is that he made a mistake and Cohn "invited me in no uncertain terms to leave his courtroom."

Schneider was stricken, he says. He thought his career was over. Then the phone rang.

It was Cohn. They met that day, Schneider says, and had a long, open talk about procedures, judicial philosophy and history.

They're still talking: Schneider an appointee of Donald Trump, Cohn an appointee of Jimmy Carter, both striving for honesty, even if their methods of delivery aren't quite the same.

"My philosophy is about candor," Schneider says. "Judge Cohn's philosophy is about candor.

Judge Cohn keeps notes to himself on the bench
inside his courtroom to help keep perspective on the cases before him.

"He calls it the way he sees it, and we need more of that in this world."

Finding satisfaction
The way Cohn sees it, it would be wrong to enjoy his job.

He's devoted to it, and he has no plans to step away from it, even if his steps these days involve a walker. But lives change in room 218, often for the worse, and it would be inappropriate to take pleasure in that.

"I find satisfaction," he says, in a well-reasoned decision, a thoughtful application of the law or a solid instruction to a jury.

He is pleased as well when he is moved to change his mind, as he did earlier this month; having taken a stand in a case about city liability, he kept reading and pondering and invited the opposing side to file another brief.

"Wisdom is in short supply," he likes to say. "The fact that it comes late is no reason to reject it."

A recent morning docket included what appeared to be a routine sentencing for a chronic drug abuser who had assaulted a fellow resident of the federal prison in Milan.

“Wisdom is in short supply. The fact that it comes late is no reason to reject it.”

JUDGE AVERN COHN
Partway through, wisdom once again made an appearance. Wouldn't it be better, Cohn asked, for the judge who would handle sentencing on the defendant's latest drug case to also decide on his punishment for the kicks and punches?

Cohn's sentence, he said, might affect the decision of the other judge. Or it might not. But true justice demanded patience.

The defendant, his legs shackled, shuffled away. Cohn, leaning on a railing, labored down the two steps from the bench to his waiting walker.

Outside the courtroom, the defendant's attorney said, "I love Judge Cohn."

Alvin Sallen, 70, comes from a family of lawyers. His father and uncle both practiced in Cohn's court.

"He has no reluctance to do what he thinks is right," Sallen said. "Part of me would love to go to trial in front of him someday."

The other part probably knows about the taped-up notes, and the reason Cohn posted them.

'Excitable, forceful'
Cohn was born in Detroit. His mother, Sadie, was a homemaker, and his dad, Irwin, eventually became the fourth name on the door at Honigman, Miller, Schwartz and Cohn.

Cohn enrolled at the University of Michigan in 1942, just in time to have his academic career waylaid by World War II. The Army sent him to engineering school, abandoned the program and redirected him to pre-med classes.

Discharged in 1946, he says, he gave medicine six more weeks, then enrolled in law school.

“Always remember that the lawyers have as much right to be in the courtroom as the judge!”

NOTE ON JUDGE COHN'S DESK
Amid three decades of practice, he volunteered as a lawyer with the ACLU, aligned with various other civic and political causes, and came to the attention of the Detroit Police Red Squad, whose dossier on him turned out to be boring — some newspaper clippings, he has said, and maybe a surveillance report.

He'd been angling for a federal judgeship for more than a decade before Carter finally chose him. At one point, he was torpedoed by Sen. Donald Riegle, a fellow Democrat, who questioned his temperament.

"He was right," Cohn later told the federal court's historical society. "I was militant, excitable, forceful, occasionally probably interrupted people, occasionally irritated people."

Today, he says he has changed. At least a little. Or anyway, he has tried. But it's a resoundingly bad idea to come to his courtroom unprepared.

'No limitations'
Another note taped to the bench: "Always remember that the lawyers have as much right to be in the courtroom as the judge!"

He wants to act that way, he says. Honest.

"I've cooled down," he contends. "Age. But every so often, I get impatient."

The years, Cohn says, have done the usual things to his body. He doesn't offer specifics, but he shakes hands like someone with aching fingers. Though he hires a driver for the commute to and from his home in Birmingham, he says that's to give him more time to read; on weekends, he pilots a Cadillac SUV.

Avern Cohn, Senior United States District Judge of the United States District Court for the Eastern District of Michigan, talks in his courtroom at the Theodore Levin United States Courthouse.
Avern Cohn, Senior United States District Judge of the United States District Court for the Eastern District of Michigan, talks in his courtroom at the Theodore Levin United States Courthouse.
(Photo: David Guralnick, The Detroit News)

Doctors have told him to eat or drink more protein, says his judicial assistant of 15 years, Lori Van Hove. They suggested Ensure, but he hated it, so she slipped him some of her Atkins chocolate shakes until he decided he didn't want those, either.

Van Hove will catch him sneaking a Diet Coke, "and I'll look at him and be like, 'Judge?'"

Whatever he's doing, or avoiding, Cohn says he's fine where it counts.

"So far," he says, "as far as I can tell, I have no mental limitations."

Rosen, who's now a principal in a mediation service, concurs.

"He's brilliant," Rosen says. "He's an icon and a legend. And a force of nature."

Within nature, says Detroit Zoo CEO Ron Kagan, Cohn is something else entirely.

In the late 1990s, Kagan led a photo safari to Kenya and Tanzania for civic leaders and zoo donors. Among them was Cohn, his authoritative presence and "probably the most well-read person I know," Kagan says.

At the foot of Mount Kilimanjaro, he says, the spectacle of elephants, zebras and giraffes "brought tears to Avern's eyes."

Travel is one of the pursuits kept in Cohn's past, along with sailing and tennis

“He's brilliant. He's an icon and a legend. And a force of nature.”

GERALD ROSEN, RETIRED CHIEF JUDGE, US DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
Now he does what his health will dependably allow, which is hear cases.

Officially, he's been on senior status since 1999. Effectively, he's doing exactly what he did before.

He's technologically adept enough to serve as a visiting judge in California without leaving his chambers in Detroit, but he refuses to send emails. Instead, he mails letters — "some of the most beautiful, thoughtful, kind notes I've gotten from anybody," Rosen says.

Also in contrast, he was malleable enough to pay for an official portrait at the urging of his wife, Lois Pincus Cohn, who owned an art gallery in Birmingham until four years ago.

The painting is a judicial tradition.

But he's either modest or stubborn enough that it moldered in a courthouse closet for 12 years, until Rosen insisted he let it hang on another judge's wall.

In another art form, he had no options.

At a Michigan Opera Theatre benefit, Cohn bid $1,500 to have Leonard attach his name to a character. The Detroit News was given an advance copy of "Mr. Paradise" in late 2003 and called to tell him about his role: a greasy lawyer who served as the agent for a pair of blue-collar hit men.

"Oy," Cohn said. "Oy, oy, oy."

Chili dogs and pizza
The flesh-and-blood Avern Cohn presided over the case of former Detroit City Council President Monica Conyers, who drew 37 months for taking bribes.

Thirty years ago, he struck down UM's anti-hate-speech code, determining that it was too broad. He dismissed criminal charges against a UM student who had published fantasies about violent crimes against women on the Internet, and declined to jail Nada Prouty, a Lebanese immigrant an FBI and CIA operative accused of sharing secrets with her brother-in-law.

Across four decades, he has taken another firm stand a few blocks from the courthouse: Lafayette Coney Island over American.

He's held a lunchtime open house there on his birthday every year since his appointment. Van Hove, ruling that Tuesday's celebration will be too large for the space, instead hired Lafayette to set up a grill and chili pot in Cohn's jury room.

"I could live on chili dogs and pizza," Cohn says. Unfortunately, the women in his life — his wife of 27 years, and assistant of 15 — won't allow it. They're not big on sweets, either, though he keeps a deep bowl of candy on his desk for visitors.

But a fellow only turns 95 once, and his objection has been duly noted. Van Hove cleared his schedule for the afternoon, she says, and he can eat whatever he wants.

Then Wednesday, he'll be back at work, the way he always is.

Voting is beautiful, be beautiful ~ vote.©

Avern Cohn Retires From MIED - Will He Bear Witness, Next?

Avi bearing arms on the MIED bench (center)

Oh, Avi has lots of tales to tell.

I mean, he has so many tales to tell, he, too, could be summoned to bear witness when the heavens fall, but, hey, what do I know?

I know I like this picture of him, better, because I drew it.

I witnessed him do the "Old School Civil Rights Legal Dog" pimp walk.

It was awesome.

#maytheheavensfall

Judge Avern Cohn leaving federal bench at age 95

Detroit — After four decades behind the bench and at age 95, U.S. District Judge Avern Cohn is calling it a career.

"It is time to pass on my responsibilities to others," Cohn said in a statement released by the court Friday. "Most judicial systems have a mandatory retirement age. While I don't believe in mandatory retirement, there comes a time in the course of one's work that they retire and let their work be borne by younger persons."

Avern Cohn,
Old School Civil Rights Legal Dog

According to the federal court, nearly two dozen of his criminal cases were reassigned on a blind draw to other judges last week. The remainder of his criminal and civil dockets will be reassigned the same way in coming days.

"Judge Cohn is a valued, valuable and beloved member of our bench, a mentor and friend to me and others," U.S. District Chief Judge Denise Page Hood said in a statement. "I hold him in the highest regard."

Cohn was born in Detroit. His mother, Sadie, was a homemaker, and his dad, Irwin, eventually became the fourth name on the door at Honigman, Miller, Schwartz and Cohn.

Cohn enrolled at the University of Michigan in 1942, just in time to have his academic career waylaid by World War II. The Army sent him to engineering school, abandoned the program and redirected him to pre-med classes.

Discharged in 1946, he gave medicine six more weeks, then enrolled in law school.

Earlier in his career practicing law, Cohn represented looters for free after the 1967 uprising in Detroit. He also served as a Detroit police commissioner when that meant working to integrate the force and had his name taken in vain in an Elmore Leonard novel.

Appointed in 1979 by President Jimmy Carter, Cohn assumed senior status in October 1999. While that typically means part-time duty, nothing changed for Cohn except his title.

 As a judge, he struck down the University of Michigan's anti-hate-speech code as overbroad and presided over the case of former Detroit City Council President Monica Conyers, who drew 37 months for taking bribes.

At a courthouse celebration of his 95th birthday in July, colleagues noted his relentless curiosity and rabid reading habit, which includes six newspapers a day.

Known both for his intellect and his temper, Cohn could still be withering with attorneys earlier this year. He told The Detroit News in July, "I've cooled down. Age. But every so often, I get impatient."

Voting is beautiful, be beautiful ~ vote.©

Avern Cohn Spares Elders On Yemen Money Laundering, But What About The Co-Conspirators?

Is there more to this story?

Of course, there is, just ask Ibrahim!

Ibrahim knows everyone.

Detroit-area men who moved millions to Yemen spared prison

Avern Cohn,
  "Old School Civil Rights Legal Dogs"

Detroit – A group of Detroit-area men opened bank accounts to move millions of dollars to Yemen, their war-torn native country. Their crime: They didn’t register as a money transfer business.

Their luck: They drew a sympathetic judge.

One by one, U.S. District Judge Avern Cohn declined to send them to prison, despite guidelines that call for a few years or more behind bars. He noted that Yemen’s financial system is a mess and its residents desperately need help. Defense lawyers have praised the judge for educating himself about the poorest country in the Arab world and understanding cultural traditions.

“Only people without compassion” would object to the light sentences, the 95-year-old judge told The Associated Press.

“As I’ve been here longer,” Cohn said, “I’ve come to the realization that the rules are flexible – at least to me.”

The Detroit area is believed to have the highest U.S. population of Yemenis, a demographic that has risen amid war in Yemen that has killed tens of thousands of people and left millions more with food and health care shortages.

Money sent from abroad is critical. The World Bank estimates that Yemenis received at least $3.3 billion in 2018, a figure some experts consider conservative. Cash from expatriates is “hugely important” and remains a “mainstay for many households and the national economy,” said Sheila Carapico, a professor of global studies at the University of Richmond in Virginia.

Since 2018, federal prosecutors in Detroit have charged nine people in an investigation of cash transfers to Yemen. Bank accounts were opened in the names of shell businesses, then used to deposit and wire roughly $90 million over a seven-year period, according to plea agreements filed in court.

“Much of the currency originated from bodegas in New York City and from businesses and individuals in the metro Detroit area and was sent in a manner to conceal the true ownership of the currency, place it outside reach of law enforcement and evade income taxes,” Assistant U.S. Attorney Timothy Wyse said.


The “evil” is the lack of records to precisely track the cash, he said.

All nine men have pleaded guilty to failing to register money transfer businesses or making false statements to agents. One, Fahd Samaha, said he charged people only 1%, much less than typical financial service providers. The government said he moved $13 million to Yemen.

“There were no victims. … He used the extra money to live and take care of his family,” said Samaha’s attorney, Jalal Dallo.

The cases were assigned to Cohn, who has been a federal judge since 1979. During a September hearing, he described the conditions in Yemen as “horrendous” and noted that sending men to prison can cause hardship in conservative Muslim families where wives often don’t work outside the home.

It’s unfair to “shed the traditions and practices of your homeland,” Cohn told Hazem Saleh, who possibly faced five years in custody for handling $22.6 million.

Judges don’t have to follow sentencing guidelines, and Cohn rejected prison terms. He placed Saleh and five others on supervised release, a form of probation. Three others await sentencing.

“Please look at me as you would look at your own son,” Ahmed Al-Howshabi told the judge in July. “I can truthfully say I did not understand the laws and regulations of operating such a business.”

Prosecutors said they had no evidence the scheme was anything more than sending money to relatives and possibly avoiding taxes, but they believed sentences within the guidelines were appropriate.

“Sometimes judges agree with us and sometimes they don’t,” U.S. Attorney Matthew Schneider told the AP.

Defense attorney William Swor, whose grandparents emigrated from Syria, said people of Arab descent appear to be under greater scrutiny than others in the U.S.

“In the post-9/11 world, the government says it wants to know who’s transferring money out of the country. We’ll assume that’s a legitimate concern, but it’s not inherently a dangerous activity,” Swor said.

Voting is beautiful, be beautiful ~ vote.©

The Magical Doors Of The Kingdom Were Opened: Beverly Tran, et al, v. Detroit Land Bank Authority, et al, 7-31-2017

My court sketch because cameras are not allowed.

Once upon a time I went to court.

Well, actually, it was July 31, 2017, in the Michigan Easter District Court in front of Judge Avern Cohn in the case of Beverly Tran et al v. Detroit Land Bank Authority, et al.

See, what had happened was...

I was so excited, the mystery, the intrigue, the comedy, the justice, the romance!

So, in my favorite summer big black hat and in my prescient, soothsaying mood, I played out the scene in my dreams.

I did an early creep, to sit in the back of the courtroom, by the door of course for easy access of exit, to sit incognito, to listen to what people had to say before the hearing commenced.

Everyone always ignores my presence and intelligence, which is a really great thing because you can just sit there, looking dead in their faces, and listen to every single word they have to say about you.

Well, lo and behold, five power attorneys walk into a courtroom, go to the attorney table, and commence to talk about their legal technical procedural game plan of how they are going to take me to a full, blown out trial, complete with sanctions, because....hold on a second, this is really funny... (personal lol) to litigate against me, using the full, multi-million dollar collective resources of their clients and their firms, because I exercised my legal right to report federal fraud, perpetrated upon the people of Detroit, mainly for speaking out for the children of "The Poors" (always said with clinched teeth).

Then enters a gentleman.

He smiled at me.

He was the only one who smiled at me which made my mind start to reel.  "Who was this strange man, why is he smiling at me, and do I already know the answers to my own questions?"

The gentleman gingerly inquired, "Are you here for the Tran case?

I responded, "I am just here to take notes." showing him my blank sheets of paper.

He was adorable.  He was playing with me.

Anyway, now comes the attorney of record in my case. Crystal Hopkins.

Then, I heard the gentleman introduce himself to the five power defendant attorneys.  "Hi, I am the U.S. Attorney who declined intervention.  I am just here to witness."

I knew he had hidden in his hands the denoument of the hearing, but I kept my cool, as hard as it was to do.

(This is the part of the story where the comedy comes in.)

Crystal Hopkins walks in with her faithful sister, dumps mounds of files on her attorney table, then asks if I had 'checked in'.

I simply said, "This is your motion, not mine."

Then she got snotty, "Well, you have to check in."

I just stared at her, fully aware that she had lost her mind quite some time ago.

She is still attorney of record.  She is supposed to check in for me.

"Did you get the notice of appearance I sent you?" she quipped.

"Nope." and I made the gentleman across from me heard it, too.  I wanted to share a chuckle with him.

Besides, I was a bit disappointed that the Ypsilanti Police had not arrested her prior to walking into the courtroom, as rumor on the streets had it there was an active warrant out for her arrest, but hey, what do I know.

And then Judge Avern Cohn walks in.

Avern Cohn & Damon Keith
"The Old School Civil Rights Soldiers"

He was sooooooo cute because he had that "old soldier" kind of walk that I know so well, but I could not readily confirm my train of thought right then because I may have broken out into a high pitched squeal, like a giddy little school girl.

The five defendant attorneys all gave greetings and introductions to the Judge.

Then, Cohn asks, "Where is the attorney representing Hopkins & Associates?" which would be the time for Crystal Hopkins to respond.

Instead, she sat at her lil attorney table, with big stacks of files, shuffling paper back and forth, open file, close file, open file, close file, shuffle, shuffle, shuffle...hehehehe, even the mysterious gentleman sitting across from me was smirking as he would look over his shoulder to observe my reaction, of smirking right in synch with him.

It was a hearing at her request, so there was no need for any documents and that is why it was so funny.

Then she finally responds to the Judge, "Your honor, Beverly Tran did not check in,"

The second heralding for the attorney representing Hopkins & Associates came from the Judge.

Crystal responded, in the whine of a kindergartner."Your honor, Beverly Tran is in the courtroom."

A clerk of the court who, benignly enough, quickly guided Crystal to respond to the judge by making a a comment for her to speak up because the judge was hard of hearing, which I did not witness when the other attorneys spoke to the court.

Thrice, the Judge asked, "Where is the attorney for Hopkins & Associates?  Is he here?"

"Oh, I am the attorney representing Hopkins & Associates, I am a she.  Beverly Tran is in the courtroom, your honor."

Judge Cohn calls out to me, mind you, besides there was only the other gentleman and Crystal's sister in the gallery.

I raised my hand, high over my head and waved, "Hiya!"

"Beverly Tran, you should be up here.  Why don't you come up here." invited Cohn.

I felt as if the trumpeters were heralding the celestial announcement that I had finally been summoned to enter the magical kingdom, to be conferred with the powers to take out the Meanies.

The gentleman opening the door
to the magic kingdom for me.

As I was about to walk through the court partition to take my throne at the attorney's table, the gentleman from across the aisle, had leapt to his feet, and, in some sense, to me, genuflected, lowering his head in honor, as he opened and held the partition door for me.

I heard the angels herald my entrance.

Taking a dramatic pause to absorb the illumination of my romantic fairy tale, I graced my gentleman with a simple, "Merci."

Judge Cohn proceeded with the quickness. "Ms Hopkins, you filed a motion to remove yourself as attorney of the case."

"Yes, your honor"

"Granted, goodbye."  Crystal scuttled herself out the courtroom as fast as possible.

"Beverly Tran, do you have anything to say?"

"Not at this time."

"Beverly Tran, will you be representing yourself?"

"Your honor, I am indigent.  I cannot afford an attorney.  Pursuant to the statute, I would have had to have the attorney of record petition you for grant to lift the seal to speak with another attorney..."

Cohn cut me short, "I asked if you were going to represent yourself."

I looked across the courtroom to the observe the wide-eyed gang of five stare at me in disbelief and stated proudly into the record, "YES!"

The smiling gentleman from across the aisle jumped to attention and interjected into the record, "Your honor, I just want to make sure Beverly Tran knows the seal has been completely lifted on the case.  There is no seal."

Allow me to do an aside.

The judge had just allowed a pro se to proceed in a qui tam, which is the first time in the history of the False Claims Act.

The court referred to me by my full name, Beverly Tran, which is a legal move I shall expound upon later.

The U.S. Attorney's Office just gave me the green light to publish all docs and tell my epic, romantic tale.

Wow.  Just wow.

"I believe defendants have motions to be heard" stated the judge.

"Your honor, we would like to dismiss our motion for sanctions."

"Motion granted.  Next."

"Your honor, we would like to dismiss our pre-trial motion."

"Motion granted.  Anything else?"

"Your honor, we would like to motion for another 30 day extension."

"I just gave you 90 days to respond to the complaint.  Now you want another 30 days?  Fine.  Granted, you have 30 days to handle this matter."

The Pingree Monument, Detroit

It was at this point Cohn went into a court lecture, an historic legal lecture where he went into the story of the "Lawsuit King" named Hazen Pingree.

"Pingree used to file so many lawsuits against these big corporations, they finally erected a statute to him.  Do you want another statute to be erected?  I strongly encourage you to get together and chose one attorney to deal with Beverly Tran or you it is going to cost your clients thousand and thousands of dollars.  If there is nothing else before this court, we are adjourned."

The gang of five attorneys power walked out the court room, with me close behind where I was empowered to confront a Meanie, Reggie Turner, attorney for defendant Title Source, Inc., the same defendant who wanted to impose sanctions on me, a proud member of "The Poors" (clinched teeth), because I snitched to the U.S. DOJ about their fraudulent activities in stealing the Hardest Hit Funds that were originally intended for the victims of Detroit foreclosures.

Oh, you have no idea the lust for retribution I felt coursing through my veins to go off on this, this, this, licensed attorney, biting my tongue for what I really want to say about him.

In front of the other members of the gang of five, I confronted Reggie Turner and told him that he needs to disclose his relationship with me to his colleagues and demand he remove himself from the case.

"I have no relationship with you!" snarled Reggie Turner.

I said, "Do you really want me to put your dirt out there because I will and I have no problem doing it.  As a matter of fact, I already did.  beverlytran.com.  I do not like the nefarious activities you did to my friend.  I do not like what you did to Mr. Conyers."

"Fine, I was his campaign manager.  He won, didn't he."  as Reggie disappeared like a ghost,

Reggie Turner trying to slide up and ruin our moment,
in my photo pretending to be Mr. Conyers' campaign manager
when he was not wanted to even be there.

muttering to himself down the hallway, nervously laughing to himself, that I did not know what I was talking about.

This, "licensed attorney" Reggie Turner, was never the campaign manager for Mr. Conyers.

Ever!!!!

Michigan Senator Bert Johnson was the campaign manager for Mr. Conyers, which is an entirely different tale I shall tell at a later date.

Reggie Turner was working behind Mr. Conyers' back with Cynthia Martin, to take him out of office, at the behest of the "leader" of the Democratic National Committee.

Reggie Turner was going around holding fundraisers, laundering the money back to Cynthia Martin, where it was not reported to FEC, and they more than likely split the kickbacks.

How I felt about calling out Reggie Turner after court.

Reggie Turner was going around telling everyone that, not only was he the campaign manager, he was going to take over Mr. Conyers' seat because [sic] Mr. Conyers was going to hand it to him.

I made sure he would never run for my friend's seat; I bought out the domains.

http://reggieturnerforcongress.com

(Make sure to click the link or you will miss out on the fun!)

Cynthia Martin, former Chief of Staff for Mr. Conyers, is deep in the middle of an international investigation of, well, I am only going to drop one item relevant to this story, mortgage fraud.

Yes, mortgage fraud, in "tandem" for lack of a better term, with the Detroit Land Bank Authority with the assistance of Cynthia Martin.

Reggie Turner was trying to take out Mr. Conyers to ensure the property fraud scam, and false claims, my case, were continue to exist, whether knowingly or willingly, but guess what, I made sure that plan was smashed.

So, if Cynthia Martin is under federal investigation, something tells me that Reggie Turner might be, also, as his emails are in that cache of stuff my #Superfans are combing through, because, after all, his colleagues witnessed him state that he was the campaign manager for Mr. Conyers' re-election campaign, right?

How do I know all this information?

Stay tuned.

I have many, many more tales to tell.

It was at this point I felt the love surge in my spirit, extended my arms, and said to the now, gang of four, "Gentlemen, welcome to the annals of history.", and curtsied as glided away on cloud 9.

Then, there was one.

One alpha male in the gang of four swiftly heeded the advice of the court and took it upon himself to represent to gaggle of barristers and ask for my email.  Seriously?

These are supposed to be the creme de la creme of seasoned legal experts and they do not know how to vet me, prior to the hearing, for my contact information?

Google, dudes, Google 'Beverly Tran', I did not dedicate the last 10 years of my life optimizing search engines to generate extensive data for the search terms "Beverly Tran", "John Conyers" and a few other key terms, for nothing.

I was nice.  He was nice.  I gave him my email.

So, the moral of the story is, again,

"Do not be mean to my Sweetie.  Period."

On a mission...

Voting is beautiful, be beautiful ~ vote.©

Will The Ghost Of Patrick Duggan Haunt Mike Duggan For What He Did To Detroit?

Legacies are important and should never be bleachbitted.

Mike Duggan's father's decisions may set case precedent to hold those accountable for what was done to Detroit.

Retired senior judge Patrick J. Duggan, father of Detroit mayor, dies

Patrick Duggan

Retired senior U.S. District Judge Patrick J. Duggan, the father of Detroit's mayor, has died, the city announced Wednesday.

Duggan, 86, passed away at 4:30 a.m. Wednesday at Angela Hospice in Livonia following a lengthy illness. He was surrounded in his final days by his wife, four sons, daughter-in-law and 13 grandchildren, the family said.

Duggan, who was nominated in 1986 by President Ronald Reagan, retired as a federal judge in 2015 after three decades on the bench. His son, Mike Duggan, is serving his second term as Detroit's mayor.

The judge was known for his relentless pursuit of dispensing justice equally regardless of status and his strong value for family, son Tim Duggan told The Detroit News.

"I couldn't feel more blessed that I had him as an example as a dad," said Duggan, 53, of Ohio, Duggan's youngest son and his father's "stated favorite."

"Honestly, I don't know how he did it. He managed to be at home at dinner every night and coach Little League team when doing all the other things he was doing," he added. "As important as his legal career was, nothing ever came before the family."

Mike Duggan, the city said Wednesday, had spent the last few weeks splitting his time between work and Livonia, spending time with his father and other relatives, in some cases multiple times per day.

Patrick Duggan was a Wayne County judge for 10 years prior to moving to U.S. District Court beginning in 1977, following an appointment to the position in 1976 by Gov. William Milliken.

He was officially appointed to the U.S. District Court in October 1986 and assumed judicial service in January 1987, according to the court's website.

Prior to his federal appointment and time on the bench in Wayne County, he'd been a senior partner at Brashear, Brashear, Mies and Duggan, a private law firm in Livonia.

Duggan was born Sept. 28, 1933. His father, Patrick J. Duggan Sr., left the family farm in Kilkenny, Ireland, at the age of 18 to come to Detroit.  His mother, Mabel Kelly, was the daughter of Irish and German immigrants who also made Detroit their home, according to an obituary prepared by the family.

Duggan grew up on Detroit's east side and attended St. Clare de Montefalco Elementary School, then De LaSalle High School.


In 1951, he left to earn an undergraduate degree at Xavier University in Cincinnati, Ohio. He worked his way through school, first as a loader at a nearby dairy and then for the U.S. Postal Service, his family said. He graduated in 1955 with a bachelor's degree in economics.

He then returned to Detroit and completed his juris doctorate at the University of Detroit School of Law.

Among his federal cases, Duggan sent former Detroit Red Wings player Bob Probert and ex-Detroit Tiger pitching great Denny McClain to prison.

The judge in 1997 handed down a sentence of more than eight years to McLain for raiding raiding the pension fund of his former company and putting it out of business.

In deciding the sentence, Duggan had agreed with prosecutors that McLain should be held to a higher "public trust" standard.

As an owner of Peet Packing Co., McLain misused pension funds, driving the company into bankruptcy. He spent the pension money to pay personal debts and luxuries for himself that included a motorcycle and condominium in Puerto Rico."It was this abuse of trust that significantly facilitated the crime," Duggan said during McLain's sentencing.

Other cases he's known for, family noted, include a ruling against the Oakland University after a student with intellectual disabilities was denied the right to live in a student dorm there. The decision "allowed Mikah Fialka-Feldman his rightful place – in school and in society," the family said.

A 2000 ruling in favor of the University of Michigan’s use of affirmative action in its admissions process made its way to the United States Supreme Court.  Duggan ruled that diversity could be considered a compelling government interest — a principle that the Supreme Court eventually affirmed.

Senior U.S. District Judge Avern Cohn first met Patrick Duggan while he was city attorney for Livonia and Cohn was practicing law.

“We developed a friendship that continued through his service on the Wayne County Circuit Court and his appointment as a judge of this court," Cohn said in a statement provided by the court. "He was always calm, thoughtful and fair minded. Absent from his makeup was any prejudice or bias. We will all miss him.”

Chief U.S. District Judge Denise Page Hood added Duggan was "fair minded and respected the law."

"He had a good sense of judges as a group and I valued his opinion on issues facing our court and judges," she said. "He saw many changes in the law and society during his judicial tenure."

Hewas a past president of the Livonia Bar Association, a trustee of the board for Madonna University in Livonia and a teacher in its paralegal program. Earlier on, he held roles as a past president of the Michigan Jaycees and a chairman of the Livonia Family YMCA.

In retirement, Duggan enjoyed more time with family, as well as Joan, his wife of 63 years, whom he called "my best friend, my supporter through all things, and the most important person in my life.”

Duggan will be buried at Parkview Memorial Cemetery in Livonia in a private family service. A public memorial celebration of his life will be held later this year when the health risks associated with the coronavirus have eased, the city added in a statement.

He was preceded in death by parents Patrick and Mabel Duggan; sisters Margaret Duggan, Mary Cassabon and Kay Murray; and son Robert Duggan. He is survived by his wife Joan; son Michael; son Daniel and his spouse Sharlene; son James and his spouse Stephanie; and son Timothy and his spouse Albina; thirteen grandchildren; three great grandchildren.

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Hassan, Co-Owner of Detroit-Area Physical Therapy Company Sentenced to 48 Months for Medicare Fraud Scheme

WASHINGTON—The co-owner of a Detroit-area physical therapy company was sentenced today to 48 months in prison for her leading role in a more than $1.9 million Medicare fraud scheme, announced the Department of Justice, the FBI, and the Department of Health and Human Services (HHS).

Fatima Hassan, 44, was sentenced by U.S. District Judge Avern Cohn in the Eastern District of Michigan. In addition to her prison term, Hassan was sentenced to three years of supervised release and ordered to pay $855,484 in restitution.

Hassan pleaded guilty on September 15, 2011 to one count of conspiracy to commit health care fraud. According to the plea documents, in 2005, Hassan incorporated a company known as Jos Campau Physical Therapy, which she owned with a co-defendant. Jos Campau Physical Therapy did not have a Medicare provider number and was not entitled to bill Medicare for therapy services.

According to court documents, Hassan paid kickbacks to recruiters who obtained Medicare beneficiary information and signatures needed to create fictitious physical and occupational therapy files. The Medicare beneficiaries pre-signed forms and visit sheets that were later falsified to indicate that they received therapy services that were never provided.

Hassan and the co-owner of Jos Campau Physical Therapy hired and paid an occupational therapist and an uncertified occupational therapy assistant to falsify medical files. The occupational therapist created patient evaluation forms for beneficiaries whom she had never met, seen, or evaluated. The uncertified therapy assistant fabricated and signed patient notes for occupational therapy visits. The uncertified therapy assistant did not provide the services reflected in the fictitious patient notes. Additionally, Hassan’s co-owner, a physical therapist, falsified patient evaluation forms and fictitious patient notes for physical therapy services that were never rendered.

Hassan and the co-owner of Jos Campau Physical Therapy sold the fictitious physical and occupational therapy files to multiple fraudulent therapy companies that had obtained Medicare provider numbers. Those companies billed the fictitious files created by Jos Campau Physical Therapy to Medicare and paid kickbacks to Jos Campau Physical Therapy based on these billings. Hassan and her co-owner split the profits from the sale of the falsified files.

Hassan admitted that, between approximately June 2005 and May 2007, she and her co-conspirators at Jos Campau Physical Therapy submitted or caused the submission of approximately $1.9 million in fraudulent claims to the Medicare program for physical and occupational therapy services that were never rendered.

Hassan’s co-owner, Victor Jayasundera, pleaded guilty on January 18, 2012 for his role in the scheme and is scheduled to be sentenced on May 31, 2012.

Tariq Mahmud, the owner of a Medicare provider company that bought and billed Jos Campau Physical Therapy’s fake files, was convicted at trial on February 2, 2012 for his role in the scheme and is scheduled to be sentenced on June 11, 2012.

Today’s sentence was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade; Special Agent in Charge Andrew G. Arena of the FBI’s Detroit Field Office; and Special Agent in Charge Lamont Pugh, III of the HHS Office of Inspector General’s (OIG) Chicago Regional Office.

This case was prosecuted by Trial Attorney Catherine K. Dick and Assistant Chief Benjamin D. Singer of the Criminal Division’s Fraud Section, with assistance from Trial Attorney Niall M. O’Donnell. It was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.

Since their inception in March 2007, the Medicare Fraud Strike Force operations in nine districts have charged more than 1,330 individuals who collectively have falsely billed the Medicare program for more than $4 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.

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Why Conyers' Congressional Office Is Under Ethics Investigation

Being mad at all the Meanies

On July 31, 2017, in front of the Honorable Avern Cohn at the United States District Court, Theodore Levin U.S. Courthouse, 231 W. Layfayette Boulevard, Detroit, Michigan, Room 225, at 11:00 a.m. there will be two motion hearings on Tran, et al., v. Detroit Land Bank Authority, et al.

The first will be a Motion for Withdrawal of Attorney, Crystal Hopkins.

The second will be a Motion of one of the Defendants.

This case deals with the False Claims Act.

See, it goes like this.

In order to be a whistleblower and force the U.S. Department of Justice to go after fraud under the FCA when no other federal agency will, or no one else will do it due to lack of knowledge, resources and basic political will, you must have an attorney because there is no pro se in qui tam.

In this case, the attorney, Crystal Hopkins filed notice of appearance on behalf of the pro se litigant.

Well, not trying to spoil the story, but it seems Crystal Hopkins thought it was more profitable to work with the defendant and its legal counsel and let the case get dismissed instead of just amending the complaint.

In order to find another attorney, Crystal Hopkins was supposed to petition the Court for grant of leave to lift the seal to speak to another attorney to replace her.

She refused to do anything.

That was very mean.

See, neither does the FCA provide for the right for the relator to file anything into the docket, including a response to Ms. Hopkins' motion to remove herself as attorney, of which she seems to be bereft of the procedural acumen of the Act.

Now, since I am statutorily disallowed to communicate to the court, I decided to take a global initiative and preserve the annals of history, preserve the public record, and speak directly to the international communities who have current and future concerns in this subject matter, via the internet.

As to the second motion to be heard, there is a bit of an issue.

Ms. Hopkins was notified that there is an inherent conflict of interest with the defendant attorney representing Title Source, Inc., Reggie Turner, but chose to do nothing, again.

Reggie Turner was mean to my friend.

Reggie Turner was mean to me.

Reggie Turner hooked up with Cynthia Martin in being mean to my friend.

Reggie Turner and Cynthia Martin were mean to my friend and me.

Reggie Turner, Cynthia Martin, and a few others, did really bad things to lots and lots of people.

So, I decided to make sure Reggie Turner and Cynthia Martin were in the annals of history, oh, and Crystal Hopkins, too!

ReggieTurner.com 

Ethics panel: Rep. Conyers under investigation

Office of Congressional Ethics Referral Regarding Ms. Cynthia Martin

On October 13, 2016, the Office of Congressional Ethics transmitted a referral to the Committee on Ethics of the United States House of Representatives regarding Ms. Cynthia Martin.

Nature of the Review

From May 2013 to September 2014, Cynthia Martin may have misappropriated $16,500 that was mistakenly transferred into her Congressional Federal Credit Union bank account. Subsequent to notification by both bank representatives and law enforcement, Ms. Martin initially refused to return the funds to their rightful owner. On March 30, 2016, Ms. Martin pleaded guilty to receiving stolen property, a misdemeanor under Washington, DC law. If Ms. Martin wrongfully obtained the property of another, then she may have violated Washington DC law, House rules, and standards of conduct.

From April to August 2016, Cynthia Martin received compensation from the House of Representatives at a time when she may no longer have been working for the House. If Ms. Martin accepted compensation that was not commensurate with the work she was performing, then she may have violated House rules and standards of conduct.

OCE Recommendation

The Board recommended that the Committee on Ethics further review the allegation that Cynthia Martin violated Washington, DC law, House rules, and standards of conduct, as there is substantial reason to believe that she wrongfully obtained and refused to return the property of another.

The Board recommended that the Committee on Ethics further review the allegation that Cynthia Martin accepted compensation that was not commensurate with the work she performed, as there is substantial reason to believe that she continued to receive compensation at a time when she was no longer providing services to the House, in violation of House rules and standards of conduct.

Committee Action

The Committee on Ethics made no public statement regarding this matter.

Public Disclosure

Pursuant to section 1(f)(1)(B) of H. Res. 895, on February 3, 2017, the Board of the Office of Congressional Ethics voted unanimously to release the OCE’s report and findings concerning former House employee Ms. Cynthia Martin, as the Board determined that release was mandated by the Resolution and House rules.

OCE Referral Regarding Ms. Cynthia Martin. Rev. No. 16 1190 Referral 2-8-2017 by Beverly Tran on Scribd

Office of Congressional Ethics Referral Regarding Ms. Cynthia Martin Exhibits, Rev. No. 16 1190 Exhibits 2-... by Beverly Tran on Scribd

The moral of the story is:

"Do not be mean to my Sweetie.  Period."

Stay tuned...on a mission...

Voting is beautiful, be beautiful ~ vote.©

Much Love To Damon Keith - An Original Old School Civil Rights Legal Dog

I used to have pictures of his Soul Food Luncheon in the federal courthouse every year, but I think I lost them along my journeys.

If one of my #Superfans just so happens to stumble across my lost data, would you, please, be so kind to post it up so the world can find them.

I always made sure to take everyone a plate.

To my giggly, little high schooler...

I always keep my vows.

Much love.

On a mission...

Leaders pay respects to late Judge Damon Keith

Federal Judge Damon Keith of Detroit died Sunday morning at 96. Dignitaries from around Michigan weighed in to offer their respects. Some of the statements run full-length, others have been excerpted.

Federal Judge Damon Keith of Detroit
died Sunday morning. He was 96.

Gov. Gretchen Whitmer: “Judge Damon Keith was a civil rights icon. In his decades of public service, he stood up for what was right, even if it meant facing attacks and threats from others. Because of his strength, his determination, and his commitment to ending racism in our country, Michigan is grateful and better for it. We should honor Judge Keith’s legacy by working together to build a Michigan where everybody, no matter who they are or where they come from, can get ahead.”

Detroit Mayor Mike Duggan: "Detroit lost a dear friend this morning with the passing of Judge Damon Keith, and America lost a national treasure.

"Judge Keith left as indelible a mark on this nation and our city as any jurist in history. During his more than 50 years on the federal bench, he handed down rulings that have safeguarded some of our most important and cherished civil liberties, stopping illegal government wiretaps and secret deportation hearings, as well as ending the racial segregation of Pontiac schools. Here in Detroit, he opened the doors for countless young law clerks, many of who have gone on to become judges themselves.

Damon Keith & John Conyers acting like  two high school
 best buddies with the Emancipation Proclamation
"Much love coming, in honor of Detroit legacies"

"I have so many fond memories of Judge Keith. I was humbled and honored the two times he administered the oath of office when I was sworn in as Mayor. I will always treasure the Thanksgiving Day I spent with him in 2016, driving him in the parade as he served as Grand Marshal.

"America is a better place because it had Judge Keith to help safeguard our civil liberties. Our city is a better place because he spent every day of his life as a committed and involved Detroiter. We will miss him dearly."

Former Gov. James Blanchard: “He was such a kind man. Such a positive force in Michigan and the country. He’s a Michigan legend and an American legend. He was always trying to encourage civic engagement. He was always involved.”

Wayne State University President M. Roy Wilson: "It’s a sad day. Judge Damon Jerome Keith passed away earlier today, and we are all mourning the loss of this outstanding civil rights pioneer, federal judge and great friend of Wayne State. I had the honor of being sworn in as the 12th president of Wayne State University by Judge Keith, but it meant even more to me to have met the man. At my swearing in ceremony Judge Keith said, “For Wayne State to be great, it has to be good.” I have used those apt words as my guiding light in the leadership of Wayne State.

Avern Cohn & Damon Keith
"Official Old School Civil Rights Legal Dogs"
WOOF!

"A quick litany of his accomplishments wouldn’t adequately tell the story of this great man, who served 10 U.S. presidents and led from the bench efforts to racially desegregate schools, at a time when there was overwhelming opposition to such a move. His bravery and compassion marked every decision he made in his position as a federal judge, and we are all grateful for the momentous change he affected in the national social conscience.

"Judge Keith received his master of laws from Wayne State in 1956 and remained committed to his alma mater throughout the rest of his life. We opened the Damon J. Keith Center for Civil Rights on our campus in 2011 to promote the educational, economic and political power of underrepresented communities in urban settings. Judge Keith was deeply committed to civil rights for all people, and the Center upholds his values in everything it does.

"Greatness is not randomly conferred on people. It comes from a place in the heart and the soul that defies easy explanation. Damon J. Keith was a great man. The Wayne State community mourns his passing and pledges to honor his legacy through our work in the Damon J. Keith Center for Civil Rights, and by striving to prepare the next generation of leaders to carry his work forward."

Detroit Branch NAACP President Rev. Dr. Wendell Anthony: "The civil rights community has lost a giant among those who have consistently fought to hold fast to the rein of justice and equity for all people. This is particularly true in the cause of Black Freedom and social justice.  Judge Damon Keith for a half century has led in this cause. An icon in the civil rights community, he has rendered uncompromising decisions from punishing illegal government wiretapping, and the racial motivation of building a wall of segregation around the City of Pontiac.

"He would certainly be a thorn in the judicial side of this current administration and its treacherous policies of family separation and deportation. He was an early opponent in the judicial process to expose secret deportations and government abuse of its authority. Judge Keith will long be remembered for his work off the bench with the NAACP. He was an early organizer and supporter of the largest sit-down Dinner in the nation, the Annual Fight For Freedom Fund Dinner of the Detroit Branch.

"He was a great supporter an advocate for the City of Detroit and for African American political empowerment. Judge Keith represents an era of bold, an courageous, judicial principles.  These principles helped guide precedents for those  too cautious to be just and sometimes too afraid to stand alone!"

Michigan Attorney General Dana Nessel: "I only hope that we, as a nation, work feverishly to ensure that Judge Keith’s legacy and body of work does not die with him. If our federal courts do not protect us from tyranny and the undermining of basic rights and liberties, who will?"

U.S. Rep. Debbie Dingell: “We have lost a protector of the people and I just lost another good friend. Judge Keith was an example of the best of Michigan. John and Damon worked closely together for many years in fighting for equality for all. We are losing many giants who stood against enormous odds, lived in historical times and opened doors wider for all of us. Their spirit, courage and wisdom needs to live on.”

Chief U.S. District Judge Denise Page Hood of the Eastern District of Michigan: “It is a great loss to our nation and the Constitution to lose a legal giant like Judge Keith. He dedicated his legal life to protecting the rights guaranteed under our Constitution and decided some of the pressing issues of our time.

“He was a dedicated husband to his late wife and a loving father and grandfather. During an outstanding and demanding legal career, he found time to mentor law clerks and judges. Those of us who knew him appreciate the time he gave us.”

Wayne County Executive Warren C. Evans: "Democracy stands on the shoulders of leaders like Judge Damon Keith. Few have played such an important role in protecting civil liberties and forcing our country to live up to its foundational ideals of equality and justice for all. As we mourn, we also celebrate the life of an icon who left this world far better than he found it. He did so much for so many, it’s hard to adequately put into words."

"On a personal level, Judge Damon Keith was more than a mentor, he was a motivator who challenged us to be the best version of ourselves. He was always there when called upon to help prepare the next generation of civil rights leaders and public servants. We looked to him for guidance and wisdom and always walked away inspired to reach higher. When I was first elected to public office, Judge Keith swore me in, which I consider the honor of a lifetime."

Judge Eric L. Clay, U.S. Court of Appeals for the Sixth Circuit: “Judge Keith was one of the most influential Federal jurists of the 20th and 21st centuries. The grandson of slaves, his rulings in over 52 years on the bench had a profound impact on American life. His decisions ranged from prohibiting the Nixon Administration from warrantless wiretapping in national security cases, to the integration of the Detroit Police Department and the Pontiac Public Schools. President Lyndon Johnson
appointed him to the US District Court in 1967, where he later served as the Court’s first African American Chief Judge. In 1977 he was elevated to the US Court of Appeals for the Sixth Circuit, the nation’s second-highest Court, by President Jimmy Carter. He was a family man possessed of uncommon humility, a leading patron of the arts, a mentor who opened doors to scores of aspiring lawyers and judges, and a proud son of Detroit."

U.S. Sen. Gary Peters: “Detroit, our state and country have lost an extraordinary jurist and legal trailblazer. Judge Damon Keith devoted his life to public service and ensuring equal protection under the law. He will be best remembered for his decisions from the federal bench to protect civil rights and individual liberties."

U.S. Rep. Dan Kildee: “I am saddened to learn of the passing of Judge Keith. Damon Keith was a remarkable man and respected judge. As one of the nation’s longest serving judges, Judge Keith played a role in court decisions that helped to expand civil rights and protect civil liberties for all Americans. Because of Judge Keith’s work on the federal bench, our state and the country have been changed for the better.

Derrick Johnson, president and CEO, NAACP: "We mourn civil rights icon Judge Damon Keith. Guardian of justice since 1967. Landmark rulings in school desegregation, fair housing & voting rights. Still judging at age 96 His commitment will never be matched. Nation forever in his debt."

Richard A. Bierschbach, dean of Wayne State University Law School: "We’ve lost one of the greatest civil rights champions of our time. For more than 50 years, Judge Damon J. Keith has been an unwavering voice for those who have been unjustly silenced. As dean of Wayne State University Law School, proud home to the Damon J. Keith Center for Civil Rights, I know that his legacy will live on in the eyes and hearts of our Damon J. Keith Scholars and every student who learns the law in the center that bears his name.

"Judge Keith was the first member of his family to earn a college degree and went on to earn his master of laws from Wayne Law in 1956. For some of our students, he is the reason they came to law school, and specifically to our law school. Because of Judge Keith, those students are out in the world changing it for the better.

"Words feel inadequate to describe the life of a man who changed the fabric of a nation and how much he meant to the Wayne Law community — he was an extraordinary person and a compass for courage and justice, but that does not even begin to capture the full measure of his character or the impact he had and will continue to have on all of us.

U.S. Sen. Debbie Stabenow: "Judge Damon Keith was a crusader for justice. His life’s work made a lasting impact on civil rights and civil liberties in America. There will never be another Damon Keith."

Michigan Secretary of State Jocelyn Benson: "Our country has lost a legal titan who spent more than half a century as a crusader for civil rights. His decisions from the bench prevented the federal government from infringing on individual liberties and helped to battle systemic racism in corporations, municipalities and schools. I first came to Michigan to clerk for Judge Keith, who became my mentor. I was proud to serve as dean at the law school that houses the Damon J. Keith Center for Civil Rights. His quote, 'Democracies die behind closed doors,' is emblazoned above the center’s entrance at Wayne State University Law School and should serve as a reminder to all of us as we aspire to the legacy he has left our nation."

Congresswoman Brenda Lawrence, D-Southfield: “Heaven has gained another giant. This wonderful man was an inspiration and a friend to me. Your Honor, thank you for giving so much of your life to serve and uplift others.”

Barb McQuade, former U.S. Attorney for the Eastern District of Michigan: “I am grateful to have known Judge Damon Keith, a crusader for justice who served the public as a model of dignity. In his honor, let’s renew our commitment to respect for others, even when we disagree.”

U.S. Attorney Matthew Schneider: "Judge Keith’s impact on our legal system will not be forgotten. He dedicated his life to public service, beginning with the U.S. Army during World War II. He was an incredibly civil and courteous man, and everyone will miss his constant smiles in the courthouse hallways."

Longtime Detroit politico Sam Riddle: "You were always on the legal battlefield to make #America live up to her promises, R.I.P."

Detroit Regional Chamber CEO Sandy K. Baruah: “The terms ‘legend’ and ‘trailblazer’ are sometimes overused, but not when applied to Judge Damon Keith. Judge Keith’s story, that began as the grandchild of slaves, to achieving the pinnacle of American jurisprudence, inspired scores of Americans and his legacy will continue to inspire.”

Judge Greg Mathis:  "Judge Keith was one of the most effective Jurists of our time His work and belief in guaranteeing equal protection under the  law brought forth a country  that is better off now because of the work he's done in the past."

Voting is beautiful, be beautiful ~ vote.©

Updates On Flint Water Crisis Investigation: Emergency Manager, DTE, DWSD, GLWA, GM, TARP, Carlyle Group, Dana Nessel & Her New Special Prosecutor

Yes, the Flint Water Crisis will end up in Detroit because everyone was stealin' so the new Michigan Attorney General Dana Nessel is going to send in her gurl, Kym Worthy, to see who is under investigation so they can be proactive in taking over the prosecution to save her crew.

It may a campaign financing promise, but, hey, what do I know?

I know this case goes way back and Dana has no intention of addressing trafficking of tiny humans or child poverty in Michigan because her crew needs to fund more campaigns, but then again, child welfare is under a federal investigative purview as is the entire election of 2018.

Anyway, 2019 is going to be busy, busy, busy because there shall be lots of clowning.

FUN FACT! GM TOOK TARP

Another MDEQ employee pleads no contest to Flint water crisis charges

FLINT (WJRT) (1/7/2019) - Another Michigan Department of Environmental Quality employee has pleaded no contest to charges related to the Flint water crisis.

Liane Shekter-Smith, the department's former chief of drinking water and municipal assistance, originally was charged in July 2016 with two felonies and one misdemeanor charge.

She pleaded to a misdemeanor charge of disturbing a lawful meeting, which carries a possible penalty of 90 days in jail and a $500 fine. The other charges were dropped in exchange for her plea.

As part of the plea agreement with Special Prosecutor Todd Flood, Shekter-Smith must testify against other government officials charged in the Flint water cases. She likely will be a witness in the upcoming preliminary hearing for former Emergency Manager Darnell Earley and former Flint Water Department Manager Howard Croft.

If she provides misleading statements or fails to cooperate with prosecutors, Flood said a guilty plea to a five-year felony charge of misconduct in office will automatically be entered on her behalf. A review to determine whether she complied with the plea agreement is scheduled for April.

Shekter-Smith and other DEQ officials are accused of failing to do their jobs and provide safe drinking water for Flint residents after the switch to pump water from the Flint River in 2014.

Fellow DEQ officials Michael Prysby and Stephen Busch both pleaded no contest on Dec. 26 to misconduct in office and tampering with water monitoring reports -- both felonies -- along with misdemeanor violations of Michigan's drinking water law.

With Shekter-Smith's plea, seven of 15 people facing criminal charges related to the water crisis have pleaded guilty or no contest. A no contest plea is not an admission of guilt but is treated as one at sentencing.

Then, this happened...

Flood won’t comment on AG’s request for new Flint water prosecutor

FLINT, MI -- Three days after new Attorney General Dana Nessel said she wants to replace him, special Flint water prosecutor Todd Flood showed up for work, struck a plea deal with a former state drinking water official and refused to talk about his job security.

Flood answered several questions about his future and Nessel with “no comment” on Monday, Jan. 7, following continuation of a preliminary exam in Genesee District Court.

Nessel issued a news release Friday, Jan. 4, saying she had provided Wayne County Prosecutor Kym Worthy, a member of her transition team, “with the relevant materials related to the (Flint water) cases and has requested that her office take over the prosecution of the criminal cases on her behalf.”

Worthy issued her own statement Friday, saying she would evaluate the remaining criminal cases filed by Flood but not necessarily replace him.

That sounds like code for, "I am just going to take a look to see who is going to be charged so I can put together a defensive strategy for Dana and company."

Flood was appointed to the job by former Attorney General Bill Schuette. He’s charged 15 current and former city and state government officials with crimes related to the water crisis.

Seven of those cases resulted in plea agreements, three have been bound over to Genesee Circuit Court for jury trials and five are in the process of preliminary examinations in Genesee District Court.

As a candidate for office earlier this year, Nessel was among critics of the Flint water prosecutions, calling them “politically charged show trials” but didn’t say for certain if Flood would be replaced.

Despite the uncertainty, the special prosecutor is operating as though he plans to continue working on the cases.

Kym Worthy will evaluate, not take over Flint water prosecutions

Flood told District Judge Jennifer Manley on Monday that he doesn’t need to return to court to check on the status of the cooperation of former Department of Environmental Quality official Liane Shekter-Smith until at least February. That’s after she’s expected to testify in the preliminary exams for former Flint emergency manager Darnell Earley and Howard Croft.

Last month, Flood told Genesee Circuit Judge Joseph Farah that he anticipated remaining on the job after the transition from Schuette to Nessel.

But, the Flint Water Crisis, which happened under the Emergency Manager Law, is still a matter of interest for Elijah Cummings, Chair of the U.S. House Oversight Committee.

https://democrats-oversight.house.gov/investigation-of-the-flint-water-crisis

BI-PARTISAN DEAL LED TO FLINT WATER POISONING FOR PROFIT: THE KAREGNONDI WATER AUTHORITY (KWA)

No Flint water crisis if no Karegnondi Water Authority

KWA started “greatest water war in Michigan history”

GLWA widened war, taking over all of  DWSD

KWA initiator Jeff Wright, a Democrat, tied to scandal-plagued Synagro, alleged money-laundering, shady campaign financing

 

Wright prioritized selling untreated water to DTE, other businesses over the people’s need for treated water

Karegnondi Water Group members get Bond Buyers’
“Midwest Deal of the Year” award in 2014.
Without them, the poisoning of Flint would not have happened.

DETROIT – The mass lead poisoning of the people of Flint, Michigan, a cold-blooded act of domestic terrorism, was contrived for the profit of the Wall Street bond market, corporations and politicians by both Republicans and Democrats with their own agendas.

The two parties are battling the matter out in electoral debates, with Michigan’s Republican Governor Rick Snyder justifiably though hypocritically castigated by Democratic candidates like Hillary Clinton for his role in this unspeakable catastrophe.

“The governor of that state acted as though he didn’t really care,” Clinton said during the NBC News debate in Charleston, S.C. “If the kids in a rich suburb of Detroit had been drinking contaminated water and being bathed in it, there would’ve been action.” Clinton’s Democratic opponent Bernie Sanders simply asked Snyder to resign.

In the most  cynically exploitative campaign move so far, Clinton just published the video below. It calls for donations to a Flint non-profit, rather than pledging billions from the U.S. Treasury to save Flint, just as the U.S. Treasury bailed out General Motors, which left Flint, taking with it 72,000 jobs.

No politician has expressed any intention of locking Snyder and cronies up for life without parole, the only sentence appropriate under Michigan law, or of providing the billions of dollars necessary to rebuild not only Flint’s water infrastructure, but the city itself, devastated for decades by its abandonment by General Motors and other corporations.

Ten Flint residents have already died from Legionnaire’s disease linked to contamination of the city’s water.  Tens of thousands more, especially children and babies, face irreversible life-time damage due to the neurological and behavioral effects of lead, according to the World Health Organization.

A petition to recall Snyder has finally 

been approved by the notoriously recalcitrant State Elections Board and will no doubt receive mass support, as it should.

But make no mistake—getting rid of Snyder will not cut out the cancer of racism and profiteering that has devastated Flint, Detroit, and cities across the U.S. for years.

The most blatant example of the bi-partisan midwifery of the Flint water catastrophe is the creation of the Karegnondi Water Authority (KWA), in what a Detroit Water and Sewerage Department (DWSD) spokesman called “the greatest water war in Michigan’s history.”

He was quoted before the creation of the Great Lakes Water Authority (GLWA), which has since robbed the people of Detroit, the largest Black majority city in the U.S., of the entire DWSD, the country’s third largest water and sewerage system, founded in 1836, which had been serving 40 percent of Michigan’s population.

The poisoning of the city of Flint, which is also a majority Black, would not have happened without the creation of the KWA at the instigation of Genesee County Drain Commissioner Jeff Wright, a white Democrat who has been Drain Commissioner since 2001 and spent 23 years prior to that in the department under former Drain Commissioner Anthony Ragnone.

According to U.S. Census figures, Genesee County is 75.2 percent white, and 20.6 percent Black, with a 21 percent poverty level. Flint is 37.4 percent white, and 56.6 percent Black, with a 41.5 percent poverty level.

Jeff Wright, CEO of KWA, Genesee County Drain Commissioner

In 2013, the KWA began building a 63-mile pipeline to Lake Huron that runs parallel to DWSD’s pipeline for the region. While boasting it will lower water rates, the Authority admits the pipeline will only deliver raw water, unlike the DWSD, which delivers fully treated water. Communities which sign on to it will have to treat their own water, creating ways to do so at additional costs to customers and profits to contractors. Wright said in 2011 that he wanted to bring raw water in for the benefit of businesses in the area.

The pipeline was supposed to have been up for operation by 2015.

The KWA now includes the “Genesee County Drain Commissioner, Lapeer County Drain Commissioner, Lapeer City, Sanilac County Drain Commissioner and the City of Flint,” according to its website. St. Clair County is reportedly also considering membership as Wright courts more regional customers.

Wright, who has a history of shady dealings with water contractors, began the push to create the KWA in 2006. Snyder’s appointee, Flint Emergency Manager Ed Kurtz, later endorsed it as well. In 2013, Wright got the Democratic City Council of Flint to agree to disconnect the city from the DWSD, which had supplied high-quality water to Flint residents since 1967, and connect with the KWA instead.

Due to KWA construction delays, however, Snyder and Kurtz ordered the ultimately disastrous long-term use of the polluted Flint River in the interim, falsely claiming that Detroit had refused to negotiate better rates for its Genesee County customers. While the Flint Water Treatment Plant, using the Flint River, has always been a back-up water supply to DWSD, which gets its water from Lake Huron, the plant was never outfitted to operate with river water for more than 20 days, on an emergency basis.

DTE’s Greenwood Energy Center in Avoca, MI
is on the proposed Karegnondi line.

VOD reader Peter Bernard wrote, “DTE has been involved in the formation of KWA since the beginning. DTE didn’t need treated water to run its turbines. Was it the demand of DTE for untreated water as soon as Flint withdrew from DWSD that caused Flint to pump untreated water into its supply system? I worked for Detroit Edison as a summer intern 60 years ago and they always thought pure water was an extra expense since super-heated stem automatically purified the water driving the steam turbines.”

In 2011, Ron Fonger of the Flint Journal reported that DTE told the KWA board it was interested in purchasing up to three million gallons of untreated water per day from the Authority for its Greenwood Energy Plant.

“Genesee County Drain Commissioner Jeff Wright called the news ‘very encouraging’ during a meeting of the KWA Board of Directors today, and said others could follow ‘as more businesses are made aware of (what we are doing and) the lower cost of untreated water,'” Fonger wrote, adding that Wright said KWA would work with DTE.

Map shows KWA pipeline in red,
DWSD pipelines in blue.

In 2014, the Bond Buyer magazine gave KWA the Midwest Bond Buyer of the Year award during an elaborate ceremony in New York’s Waldorf Astoria Hotel, for its second sale of $220 million in bonds to finance the pipeline, an intake facility, and two pumping stations.

It earlier sold $35 billion in bonds despite Detroit’s bankruptcy filing.

“Long before Detroit filed its Chapter 9 bankruptcy case in the summer of 2013, Flint and Genesee County, Michigan saw the need to break away from their dependence on the Detroit water system,” the narrator of a video shown at the ceremony said in a disingenuous, factually inaccurate introduction.

“In 2010 they formed the Karegnondi Water Authority, the two governments’ long-term strategy to deliver a more reliable water supply at more reasonable rates. After years of planning and crafting a bond structure with dual backstops to protect investors, the Authority hit the market in early April with its inaugural issue for $220 million in bonds. . . .The governments expect to cover the debt repayments with system revenues, and both put their limited tax GBO payments behind the bonds.”

The narrator said that Genesee County also pledged to cover Flint’s portions of the bonds if it is not able to do so under state emergency management.

Former Detroit CFO Sean Werdlow and former
Mayor Kwame Kilpatrick receive Bond Buyer award in 2004
for disastrous $1.5 billion COPS deal.

“Entering a market where local governments across Michigan faced heightened penalties, the authorities sold the bonds to more than 30 investors and achieved borrowing costs below projections,” the narrator said. “The deal paves the way for the County to trade in annual rate increases of about 11.5 percent for ones closer to five.”

The presentation recalled a similar Bond Buyer award given to former Detroit Mayor Kwame Kilpatrick and his then-CFO Sean Werdlow in 2004, for the disastrous sale of $1.5 billion in “Certificates of Participation,” or “Pension Obligation Bonds,” an amount that ballooned to $2.8 billion with default penalties and interest swaps. Detroit Emergency Manager Kevyn Orr cited the deal as one reason for his improperly authorized 2013 Detroit Chapter 9 bankruptcy filing, but never followed through on a lawsuit he filed calling it “void ab initio, illegal and unenforceable.”

Below is the video presented at the Bond Buyer 2014 awards ceremony, on the Karegnondi Water Authority and the bonds involved.

In 2013, Tucker, Young, Jackson and Tull (TYJT), a Detroit-based engineering and consulting company, was contracted by the Michigan Department of Treasury to provide a study of the proposed KWA, contrasting it with the advantages of Flint remaining with the DWSD. The study strongly contradicted claims the Bond Buyer made at the 2014 awards ceremony, and other made in a study contracted by the community of Swartz Creek. (See full TYJT study at http://voiceofdetroit.net/wp-content/uploads/FLINT-KWA-TYJT-water_report.pdf,)

DWSD spokesman Bill Johnson

“The Flint City Council’s approval of the Genesee County Drain Commission-backed idea to link Flint and a proposed multi-county connector effectively launched the greatest water war in Michigan’s history, “ Bill Johnson, communications head for the DWSD, said in a press release. “The action ignores a credible state-sponsored study that came out against the ill-advised Karegnondi Water Authority (KWA) project. And the vote makes no connection to Flint’s fiscal reality. All things considered, the City of Flint is best served by the Detroit Water and Sewerage Department (DWSD).” (See full release at http://voiceofdetroit.net/wp-content/uploads/water_war_undermines_flint-dwsd_relations-2013-14.pdf.)

The study concluded that the cheapest and safest option out of eight through 2042 for Flint’s water supply was to provide it directly through an adaptation of DWSD’s Imlay City pumping station, which is closer to Flint. DWSD has always provided water for the area through its Lake Huron Water Treatment Plant at Ft. Gratiot, Michigan, which sends it to the Imlay City station to go to Flint. Flint then supplies it to other regional customers.  (See graph below.)

TYJT noted that the KWA proposal did not account for cost overruns on construction contracts, an almost inevitable occurrence, or provide a back-up water supply as does the DWSD for all its customers in the event of failure of the primary supply.

Why did Wright ignore this study? His connections with shady contractors during his tenure as Genesee County Drain Commissioner beginning in 2001, and earlier in his 23 years serving under former Drain Commissioner Anthony Ragnone, are well-known.

Southwest community organizer Denise Hearn leads protest against Synagro’s Detroit boondoogle outside the Detroit Wastewater Treatment Plant July 31, 2008.

Wright himself formerly owned a water consulting business called Tara/Aqua Management. During his term as Commissioner, he has signed multiple contracts with Synagro Technologies, Inc. for sewage sludge removal, dewatering, and land application at the county’s Linden and Ragnone treatment plants, from 2002 through 2009, according to a 2010 Flint Journal expose by reporter Ron Fonger.

At least two of the Genesee Drain Commission Synagro contracts, in 2003 and 2005, were signed by James Rosendall, former Synagro vice-president of development who went to prison for 11 months, in connection with the Synagro/Carlyle  bribery scandal that brought down former Detroit Mayor Kwame Kilpatrick, DWSD head Victor Mercado, and former City Council President Monica Conyers, among other Black city officials.

Synagro VP James Rosendall

Rosendall was the only white who was jailed, while Black officials who refused to act as FBI informants received terms as long as five years.

Judge Avern Cohn barred the defense from asking why Synagro and the Carlyle Group were not charged in the RICO indictment.

Whatever you do, do not tell anyone the reason why the defense was barred from asking why Synagro and the Carlyle Group was not charged in the RICO indictment was because there was an ongoing investigation into other matters of interest.  Sssshhhh.......

Wright was an FBI informant against Conyers’ aide Sam Riddle during the probe. Many officials involved in the probe acted as informants rather than being charged as well.

Synagro was purchased by the insidious Carlyle Group in 2007, one of the largest private equity and alternative investment firms in the world which has extensive ties to the global defense industry.

The Carlyle Group’s board has included politicians from around the world, including former U.S. Presidents George H. W Bush and George W. Bush, and their former cabinet members U.S. Secretary of State James Baker III, and U.S. Secretary of Defense Frank Carlucci, also former chairman of the U.S. Securities and Exchange Commission (SEC) Arthur Levitt, who served under Pres. Bill Clinton.

It is connected to the Bin Laden family and to former Phillippines dictator Fidel Ramos, among numerous others. Synagro went bankrupt in 2013 and was sold.

The KWA’s current major contractors include the omnipresent L D’Agostini & Sons, based in Macomb, at a starting cost $24.6 million for the pipeline and $11.06 million for the intake station on Lake Huron. D’Agostini earlier sued the DWSD because it was barred from further contracting with the department after its involvement in the RICO indictment of Kilpatrick et. al. was exposed. D’Agostini previously did 70 percent of its business with the Department.

The Alabama-based American Cast Iron Pipe Company, which operates one of the largest ductile iron pipe casting plants in the world, has a contract with a starting cost of $84.1 million, while the Flint-based E & L Construction’s contract for the Imlay City pump station has a starting cost of $11.78 million. All this work duplicates DWSD pipelines and intake and pumping stations already servicing the area.

Pipe for Karegnondi Water Authority is hoisted into Lake Huron.

Recently, Channel 2 reporter Charlie LeDuff interviewed Jeff Wright in a story focusing on the profits made by contractors on the Flint water switch. They included Kurtz campaign contributors AECOM, with $18 billion in revenues in 2015, and the engineering firm hired to ensure that the switch to Flint River water would be safe, LAN (Lockwood, Andrews and Norman).

LeDuff reports that firm’s original contract began at $140,000 and ballooned later to $4 million, despite the fact that it did NOTHING to ensure the safety of the city’s water.

(VOD takes issue with LeDuff’s initial contention that Flint ratepayers decided to opt for the KWA because they were paying “outrageous” rates to Detroit. That is a claim that has been made by DWSD’s wholesale customers in six counties for decades, never with an addendum that the communities involved add their own surcharges to the wholesale rates. LeDuff also appears to conclude at the end that water flowing through Flint’s pipes now from DWSD is safe, which it will not be until complete replacement of the corroded infrastructure. )

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