Fed Chief Judge Orders Recast of Trial Judges in Deadlocked SEC Case
CAMDEN, N.J., Aug. 12, 2019 (GLOBE NEWSWIRE) -- Last Thursday, upon the federal chief of justice in the New Jersey District ordering a recall and reassignment of two federal judges in a civil lawsuit for securities fraud claims filed by the Securities and Exchange Commission, trial court proceedings continued after a three-year deadlock and dormant status of the civil suit filed by SEC New York Division (in the New Jersey District of The Third Circuit), that was initially part of a parallel action with the Department of Justice in New Jersey, who filed criminal charges against lobbyist Cary Peterson for the securities fraud and false certification allegations four days before the SEC filed a civil lawsuit against him and a public shell company he had been in the process of buying, for the same allegations as the attorney general.
On or about June 12, 2019, political activist (now political prisoner), Cary Lee Peterson successfully filed and was granted ’extraordinary (interlocutory) relief from an emergency cross-attack motion called a prerogative writ, in efforts to jostle the Third Circuit Court of Appeals to enjoin the six-month deadlock status of appeal proceedings for his release while awaiting appeal decision and reversal of his criminal judgment of conviction from the U.S. District Court in Trenton, New Jersey.
In accordance to rules of judicial comity, Peterson’s special (prerogative) writ granted by U.S. Circuit Court Judge Restrepo, theoretically would be extended to related cases in a lower court, which resulted in the federal chief judge in New Jersey to recuse and reassign two judges originally assigned to SEC v. RVPlus, Inc. (civil case) back in 2016.
Hence, the text order by Chief Justice Freda L. Wolfson’s ‘text order reassigning judges’ recasted U.S. District Court Judge William H. Walls and Magistrate Cathy L. Waldorf shortly after Peterson filed the Bernie Sanders Gotcha Evidence, in June, to compel the court to acknowledge the primary cause of the SEC case and the criminal parallel action launched by [then] U.S. Attorney Paul J. Fishman, who President Donald J. Trump and the U.S. Supreme Court asked to resign, after the 2017 presidential inauguration. Thereafter, Fishman returned to work in the private sector, as a legal partner at Kaye and Scholer law firm, who also employs (private) attorney associate, Ari B. Fontecchio, who Fishman hired as a ( 543 ) ‘special’ trial prosecutor in Peterson’s criminal case a month before he was succeeded by (interim) Acting U.S. Attorney William E. Fitzpatrick on January 2017.
Prior to Chief Judge Wolfson’s reassignment order, Peterson filed a legal brief confronting the district court judges’ disability, non-direction, and judicial conduct and discretion in bad faith, that resulted in several uncontested motions docket that were filed by Peterson as far back as the end of last year through the present.
Peterson had reiterated pleadings that the SEC civil complaint had sufficient grounds for dismissal due to lack of jurisdiction or venue, failed or improper service of process, and collateral estoppel- being that the SEC previously entered a stipulation agreement following an administrative proceeding held on March 26, 2016, with the official ( on-record ) RVPlus, Inc. CEO Christopher Day and his family’s stock transfer agency ARTCO, who handled all of RVPlus’s stock trading transactions that Peterson had been arraigned for, pursuant to the SEC allegations filed on March 14, 2016, that corroborated the FBI’s less-ornamented criminal complaint filed four days prior.
Collateral estoppel and “res judicata” are common law estoppel doctrines that prevent a person or organization from relitigating a specific issue once a court or competent tribunal has previously ordered final judgment or adjudicated on the same issue in a suit on a different cause of action involving the same incident or party from the first case.
The newly appointed federal district for SEC v. RVPlus, inc. case, U.S. District Court Judge Michael Hammer, ordered a joint status report to be prepared and filed by all parties by August 8, 2019. However, despite the successor judge’s order, SEC attorney Preethi Krishnamurthy filed an ex-parte status report stating that the SEC would be moving for a summary judgment based on collateral estoppel and a default judgment against RVPlus, Inc.- a request to the court the was very similar to Peterson’s motion for dismissal that was previously filed in December and amended this past June, which encompassed the formerly reported Gotcha Evidence.
Ironically, the ex-parte (group) status report filed by Krishnamurthy on behalf of the SEC came after the Gotcha Evidence ( Exhibit ’E ’) was filed, enclosing a letter from the New Jersey Supreme Court Ethics Committee, which stated that Preethi Krishnamurthy was never at any time a licensed attorney within the State of New Jersey (nor were five other SEC New York attorneys or the two special-hire prosecuting attorneys from Peterson’s parallel civil and criminal cases).
An open letter from Peterson’s publicist Amanda Liu of Robert Peterson & Fields Associates P.C. made comments in response to the SEC’s Thursday report filing, “The SEC vs. RVPlus case is exclusively relative to the cross-action Cary Lee Peterson v. RVPlus, Christopher Day, and American Registrar & Trading Company, filed in Delaware’s federal court a week before Peterson’s criminal trial began in New Jersey. The Delaware case was stayed and administratively closed by Judge Stark until Peterson’s New Jersey litigation and criminal action had completed. In fact, US District Judge Leonard P. Stark stated in his memorandum order of May 14, 2018, that both of Peterson’s criminal and civil case matters in New Jersey and Delaware “overlap.”
Liu’s continued by stating, “I don’t see a reasonable explanation to why any person should have to go through such inextricable preclusions or impossibilities to enjoin being prohibited from his constitutional rights, especially after there had been more than a substantial amount of clear and convincing evidence filed in state, district and circuit courts in the past three years, that this Garvey legal web was maliciously manufactured by privies in the private sector who had clout and connections in the United States Judicial Branch, in conformity to the Daliosio Doctrine and trial testimony of cumulative witnesses whom embody Jencks materials the authenticated that Cary Lee Peterson was truly a foreign service diplomat that worked with the United Nations and foreign U.S. allies, and he had never been an authorized officer or filer with EDGAR, or submitted any SEC filings on behalf on RVPlus. And, at Peterson’s sentencing, the judge attested that there was no court record of evidence showing that Cary Lee Peterson at any time derived any net proceeds or financial gain through means of fraud.
Therefore, I’m left asking myself, exactly what is he incarcerated for, if there was no evidence of fraud known to the court. I reckon that even the pop star Stevie Wonder could see that Cary Lee Peterson is innocent on the American securities authority’s charges, and the judicial and equitable estoppels in conjunction with the maliciously published news content from hired-media guns has continued to be used to influence the criminal case result at trial- and just a compilation if preposterous hinderances over the past year.
Ab initio, the SEC case was filed under “ad hominem” pretext and abuse of process, with frivolous claims of derivative liability that are legally barred by the collateral estoppel rule.
Overall, what does that say about the criminal prosecution that has led to his wrongfully imprisonment today? Peterson was sent to prison over a year ago, and the trial court judge was so eager to skirt past his (153 docket entry) motion for an injunction to enjoin the purported ‘Blue Sheet data’ from the record, that she forgot to adjudicate on the seven pages of presentence report objections that remain uncontested, despite it being mandatory under Rule 32(i](3) to rule on any disputed portion of the presentence report or other controverted matter and append a copy of the court’s decisions on the objection to the Bureau of Prisons. That manifest error alone meets the burden to show that Mr. Peterson’s sentence was imposed in violation of law.”
On the same day two federal judges were recalled, the media-dubbed ‘super PAC man’ Cary Lee Peterson filed a lawsuit settlement demand of $61 million for damages and liability, in Peterson v. Garvey Schubert Barer , which he requested to be donated to a designated charitable cause, rather than his own personal coffers.
In the $61 million Garvey lawsuit brief, Peterson made a closing statement that ’the Garvey-Peterson Ordeal “was a disgrace to America” and he urged the court to grant his request to proceed on settlement proceedings and sealing the case “asap.”
Additionally, this morning Peterson filed a letter brief reminder with the court of appeals in regards to the Third Circuit Court’s order granted for extraordinary-interlocutory relief on uncontested motions and estoppel-by-silence (‘or the appearance thereof’) pursuant to his prerogative writ, that was decreed two months ago. However, Peterson’s brief argues that not all of the judicial officials and court administrations have not honored the higher court’s order, and consequently Peterson’s freedom, liberty, and multi-case proceedings are in a holding pattern.
Peterson’s uniquely consolidated letter brief, filed simultaneously with ten tribunals under state supreme court, Congressional, Federal circuit and district court jurisdiction cited English case law from 1759, which read: ”...a so-called “prerogative writ,” which, unlike other writs, could extend beyond the realm of England to other places where the Crown was sovereign. R. Sharpe, The Law of Habeas Corpus 188 (2d ed. 1989) (hereinafter Sharpe); see also Note on the Power of the English Courts to Issue the Writ of Habeas to Places Within the Dominions of the Crown, But Out of England, and On the Position of Scotland in Relation to that Power, 8 Jurid. Rev. 157 (1896) (hereinafter Note on Habeas); King v. Cowle, 2 Burr. 834, 855–856, 97 Eng. Rep. 587, 599 (K. B. 1759).”
New World Order Politics first interviewed lobbyist Cary Lee Peterson in a former podcast of NWOP back in 2016, where he discussed his transition from international diplomacy to legislative law on The Hill- nonetheless, stepped into the 2016 presidential election super PAC arena, that triggered a cinematic political issue in controversy that featured Daniel “James Bond” Craig and the bipartisan (Independent-Democratic Party) presidential candidate Sen. Bernie Sanders, who Peterson recently filed a censure petition on at the Senate Select Committee on Ethics last month.
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