Almost. Not quite.
Although any judge is an officer of the court, the jurisdiction of each judge is limited to the cases assigned to them. In an ongoing case, a criminal court judge will usually pass on to the appropriate District Attorney any criminal act he discovers (not pertinent to the ongoing case) worthy of investigation and prosecution. If the DA determines the evidence of the crime to have merit and files charges, the court system may or may not assign the case to the original judge. If it is a civil violation, the criminal court passes it off to the civil court, which relies on individuals and/or their attorneys to file charges. The point is the judge is not looking for other crimes, is concentrating on the case at hand, and will pass anything new on to the appropriate entry point in the court system. It is the same with bankruptcy court judges. They concentrate on the established procedures for the case at hand, which is to guide and referee the interested parties to an agreeable POR. It is not the responsibility, duty, or area of interest of the presiding judge in a bankruptcy court (WAMU) to investigate the cause of the bankruptcy, the seizure of the bank, the sale of the bank, or what FDIC-R is doing with the seized/sold assets. The interested parties should do that. Bankruptcy court judges limit themselves to those instances of the interested parties who do things in a fraudulent manner, such as lying or hiding assets, which are attempts to influence the outcome of the bankruptcy. This is the most important reason WMI/WMB legally hid the mortgages in plain sight as “exempt assets”. They did it so that they would not have to lie about them during the bankruptcy, and because they knew as far as the court was concerned – the mortgages did not exist. WMI/WMB used this tactic to affirm the statement that there was no money for equity, giving support to the further (attempted) tactic of cancelling equity.
When the EC wanted permission to file insider-trading charges against the bad-guys, they would have most likely filed the charges first with the SEC. The key here is that the presiding judge does not look for reasons to file charges outside the bankruptcy court, prevents it by not giving permission to file, and offers alternative courses of action. In our case, the presiding judge offered/threatened “Equitable Disallowance”.
No matter what the interested parties (debtors, creditors, and EC) said during the bankruptcy hearing, and no matter what numbers they bandied about for us to hear, we do not know what they and the court knows and cannot make correct decisions except those based simply on what we want. Additionally, none of the interested parties asked permission to file charges, except for the insider-trading incident.
A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances, which give rise to a relationship of trust and confidence.—Lord Millett
Both the debtors and the EC (not their attorneys) had a fiduciary relationship with the shareholders. Neither group was required to ask our permission to do anything they did, nor was anything they did illegal. We simply did not like what they did, and there is nothing we can do about it – nothing. If you think there is, take your evidence to an attorney and ask him to file a class action suit against whomever. The first visit is usually free.
The attorneys for the debtors had a fiduciary relationship with the debtors, not with the shareholders. The debtors did not have a fiduciary relationship with their attorneys; they did have one with the shareholders. The attorneys for the EC had a fiduciary relationship with the EC, not with the shareholders. The EC did not have a fiduciary relationship with their attorneys; they did have one with the shareholders. The presiding judge had a fiduciary relationship with the court and its proceedings, not with any of the interested parties or their attorneys.
I personally do not have, nor will I ever have, a fiduciary relationship with anyone. I know my duty to my family, my country and myself, and act appropriately in those areas based on my own standards and morals, not anyone else’s.
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It is stupid and futile to feed, house, clothe, educate and arm any individual or group whose main goal in life is to destroy the way of life you have chosen for yourself, your family, and your country. Things work great in the mind, but we must test them in physical reality to have valid results. It is when people ignore the results of the test that we identify their faulty mindset. The world has tested socialism and found it wanting, while socialists cling to their fantasy even though it destroys our way of life. David West
