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The response to this bogus resolution towards Trump is simply overwhelming. I can not even inform you what number of emails have are available in, all getting the purpose and confirming it’s time to get the hell out of New York. They’ve proven the whole world that no rule of legislation is left standing.
As a world hedge fund supervisor, the #1 evaluation it’s essential make is COUNTRY RISK. Is it secure to speculate there, and is there a strong rule of legislation which you can rely on to safe your funding? That’s the reason you don’t put money into international locations like Iran, for they’d their revolution and nationalized all personal property. Russia did the identical in the course of the Communist Revolution of 1917.
Even in the course of the American Revolution, they confiscated the property of anybody who supported the king. These confiscated property turned the backing for forex.
Now we now have Metropolis & State Threat. There may be already a mass migration underway from Blue States to Purple States. This can solely speed up this advance. I’m warning shoppers that the longer they wait to have property to promote in NYC, the higher the loss they’ll face. Promote now earlier than there isn’t a bid.
The Rule of Regulation has utterly collapsed in New York Metropolis. It’s now not funding grade for there isn’t a attainable technique to safe your property. One lawyer who wrote in, and listed below are his feedback, which have to be reviewed rigorously:
Hello Martin.
I’ve three issues to go on to you:
First, you might be completely appropriate. Does nearly all of the New York enterprise group actually know what Decide Engoron did? … Engoron and Hochul confirmed that New York is a “connection-based society” not a “contract-based society,” or, as you say “corrupt to its core.” All of the assurances by the Governor Hochul that companies shouldn’t worry the civil motion the state filed towards Trump and the cash judgment Engoron rendered, and that there’s nothing to fret about, is simply one other affirmation that New York is now utterly a “connection-based society.” The governor even confirmed that she may, however received’t, overrule Engoron proving that in New York the branches of presidency are intermixed. … Hochul doesn’t notice that her feedback had been damaging not reassuring. What idiot will belief her and New York now. My answer: Promote all equities of corporations which have their headquarters or domicile the place they could possibly be topic to the jurisdiction of New York and could be sued underneath the identical legal guidelines Trump was.
Second, it’s a appropriate transfer to problem the definition of “fraud.” Within the mid-Eighties I used to be lead plaintiff’s counsel within the first civil RICO swimsuit filed towards a monetary establishment in … . The case was allotted to a decide like Engoron. That decide ran me by way of the ringer, however I saved the case alive. At one level the court docket was toying with the query “What’s fraud?” The court docket was looking for one more technique to dismiss the case and require me to re-plead it. I did a large research of fraud. I even learn John T Nonan’s guide entitled Bribes. The definitions of fraud in our state and federal courts are too many to rely, however I lastly boiled it all the way down to the important parts, i.e., all people who completely MUST be current or there isn’t a fraud.
That is the definition I discovered that applies to ALL instances irrespective of how the weather are worded is that this: FRAUD IS THE VOLUNTARY TRANSFER OF SOMETHING OF VALUE BY DECEIT. The incidence sued on and alleged to be fraud MUST be (1) VOLUNTARY, (2) A TRANSFER, (3) OF SOMETHING OF VALUE, (4) BY DECEIT. If any of those 4 parts are lacking, it’s not fraud. Clearly, New York is lacking the switch aspect which, I believe, makes every of the opposite parts a non sequitur and meaningless.
Third, cities and states have discovered new methods to extend income by twisting legal guidelines and our fundamental societal framework of separate branches of presidency. As you will have lengthy maintained, they’re on a hunt for taxes. From 2000 to 2005 I used to be a Deputy Metropolis Legal professional for the Metropolis …. We dealt with the civil authorized affairs of town, not the legal instances. After I left, … , a lawyer contacted me and requested me to investigate the information of a case he thought he had. I discovered that … had modified its procedures relating to blighted property to keep away from the courts of the judicial department. The town established an inventory of big fines for properties that had been cited with code violations. The fines accrued curiosity after a sure time interval handed, and the property proprietor didn’t appropriate the violations.
The process was unconstitutional as a result of no decide EVER reviewed or had ANY position within the proceedings to gather the fines and curiosity. A listening to officer (govt department) would assess a effective and provides the property proprietor a particular period of time to appropriate the violations. He would put together and signal an “administrative” judgment setting forth his findings, rulings and assessing the effective plus curiosity. If the time elapsed and the violations weren’t remedied by the property proprietor, the Clerk of Court docket (govt department, ministerial powers solely, no judicial powers) of the state court docket in … would problem a request for seizure and sale to the … Civil Sheriff (govt department, ministerial powers solely, no judicial powers).
The Civil Sheriff would problem an order of seizure and sale and the property could be auctioned off to the very best bidder. The fines plus curiosity had been at all times excessive sufficient that the property proprietor couldn’t pay identical, however low sufficient that somebody with capital may decide up the properties at a really, very low cost worth. The “legal guidelines” that established this process had been largely ordinances handed by the … Metropolis Council, which was the incorrect authority to approve a seizure and sale that was not reviewed and signed by a duly elected or appointed state court docket decide. Cities usually are not separate sovereigns with the proper to enact common legal guidelines, like causes of motion and shifting judicial powers to authorities which have solely ministerial govt duties.
So, intermixing branches of presidency and shifting and assuming powers that states and cities can not train usually are not the one scams getting used to gather cash. States and cities are doing finish runs round Constitutional rules. New York did it by giving the court docket the ability to calculate common damages somewhat than enacting laws reciting an inventory of fines that the state might impose for enterprise improprieties. The state courts would then simply embody the effective that applies underneath the circumstances that was set by the state legislature. That might be Constitutional, however having the liberty to evaluate unspecified damages that the state doesn’t endure is absurd.
To summarize, no switch = no fraud, and no fines set by the legislature to evaluate changed by the ability to impose common damages = a sham system that could be a blurred combination of the chief department and the judicial department.
Hope all is nicely.
Regards,
EGM
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