Tag: Tracie Burke

Action #1 of 2024 Call on FinCEN to Enact AML Regulations

In 2022, Congress passed the Anti-Money Laundering (AML) Whistleblower Improvement Act in December 2022. The law establishes a whistleblower award program for individuals who report money laundering and sanctions violations and is the most important anti-corruption law passed in decades.

Money laundering is intimately tied to corruption around the globe. Because the AML Whistleblower Program has a transnational reach, violations can occur anywhere and whistleblowers do not need to be U.S. citizens to qualify for awards, it is uniquely positioned to help U.S. authorities tackle corruption overseas, including the most pressing national security crises like the war between Hamas and Israel, the war between Russia and Ukraine, terrorist financing, and drug trafficking. It is vital that FinCEN implement its whistleblower program quickly and that its regulations fulfill the mandate in the U.S. Strategy on Countering Corruption.

However, despite the urgent nature of this issue, the U.S. Treasury Department and Financial Crimes Enforcement Network (FinCEN) have yet to implement the AML Whistleblower program, nor regulations for the AML Whistleblower Improvement Act.

Contact your legislators and urge them to please DEMAND that FinCEN consider the following in order to maximize the law’s anti-corruption potential:

I. Ensure that the process for qualifying as a whistleblower aligns with U.S. anti-corruption priorities.
a. Allow whistleblowers identified in case investigations to be eligible for rewards, rather than by mandating technical form requirements for whistleblower reward eligibility.
b. Maintain the SEC’s “Three Conditions” for qualifying as a whistleblower, but expand the definition of “Voluntary” to its standard definition.
c. Ensure that critical whistleblowers have the right to make use of the AML Whistleblower Program.

II. Protect Whistleblowers.
a. Secure the Confidentiality & Anonymity of AML whistleblowers in ALL ongoing Federal investigations involving their disclosers.
b. Establish Consistent Inter-Agency Protocol with respect to Whistleblowers who have participated in crime.
c. Do not Incentivize – and absolutely do not require – Internal Reporting prior to filing AML claims with FinCEN, but ensure that those who file internally first maintain award eligibility.

III. Ensure that whistleblowers are fully compensated in a timely manner.
a. Give full force to related action provisions.
b. Do NOT place a cap on whistleblower rewards.
c. Establish and abide by a strict deadline for paying awards.

Please refer to the National Whistleblower Center’s (NWC) AML Regulations Webpage, whistleblowers.org/enact-aml-whistleblower-rules, for more information on our requests.

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC  successfully promoted legislation that supports the Anti-Money Laundering Act of 2020 and amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019.  NWC’s mission is to support whistleblowers in their efforts to expose and help prosecute corruption and other wrongdoing around the world. 

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Corruption Scorecards Jefferson Parish Councilman at Large Div. A

Tracie Burke | Motion to Quash LLC | October 6, 2023

Candidates for Jefferson Parish Councilman for the 2023 elections are being scrutinized under the False Claims Act. The False Claims Act is a federal law that imposes liability on those who defraud governmental programs. It is the federal government’s primary litigation tool in combating fraud against the government.

According to an analysis of federal data by Motion to Quash LLC, Councilmembers Jennifer Van Vrancken and Ricky Templet received over a half million dollars from over 350 entities that made political contributions just before or after receiving more than $73 million dollars of taxpayer backed SBA loans. In both instances, candidates received large donations after companies they controlled, or companies owned by family members, obtained loans. Frankie Hayers, the only other candidate, financed his own campaign.

Click the name to view the candidate’s folderTotal
(cumulative):		15
Candidate averageC73%
J. Frankie HyersA+100%
Ricky TempletD60%
Jennifer Van VranckenD60%

Family Connections

Balcony Enterprises Inc, a family owned enterprise, received a total of $365,491 from the SBA. Afterward, The Balcony Ballroom issued a political contribution to Jennifer Van Vrancken in the amount of $5,000.

Hearing Health Care of Louisiana Inc, owned by family member Ryan Templet, received $186,812 from the Paycheck Protection Program. After receiving the taxpayer backed funds, Ryan Templet issued $5000 to Ricky Templet’s political campaign. 

These funds were meant for struggling businesses. Generous campaign contributions just before or after receiving disaster assistance raises concerns about the legitimacy of their need for assistance. “It suggests the entities misled the SBA to obtain government funds and should be required to repay the taxpayers. Fraud schemes such as this are the costliest for the taxpayers.” a spokesperson for the agency said.

Most Egregious Abuses of the PPP

Two of the most egregious abuses of the Paycheck Protection Program, according to the analysis, were Adams & Reese Law Firm and Harvey Gulf International Marine LLC.

Adams and Reese Law Firm received $9.2 million dollars from the taxpayer backed Paycheck Protection Program (PPP). Subsequently, Adams and Reese and ARPAC issued nearly $800,000 in political contributions, including over $100,000 paid to its own Political Action Committee.

Harvey Gulf International Marine LLC received $8.8 million dollars from the Paycheck Protection Program before issuing over $600,000 to political campaigns, including $100,000 to the Republican Party and $100,000 to Louisiana Citizens for Job Creators Inc.

Recouping Stolen Pandemic Loan Funds

Motion to Quash is a powerful representation of the fight against corruption in Jefferson Parish, with the Anti Corruption Scorecard serving as a reminder of the importance of transparency and honesty in our political system. The scorecards are sufficient to provide accurate, reliable and sound judgment of campaign finance abuse, particularly for those interested in the 2023 Elections and the stand against corruption.

Contributions alone are not enough for an investigation. However, generous campaign contributions and confidential disclosures submitted to the Inspector General are enough evidence to lead to criminal prosecutions. 

On September 27, the U.S. House Committee on Small Business held a hearing entitled “Action Through Innovation: Private Sector Solutions to Recouping Stolen Pandemic Loan Funds.” The hearing touched on different solutions the Small Business Administration (SBA) could take to recoup fraudulent loans issued as part of pandemic lending programs.

“When the pandemic started, the SBA took on an outsized role in restarting our nation’s economy. The PPP and EIDL programs were vital to saving small businesses, but that fact does not excuse $200 billion in fraud,” explained Chairman Roger Williams (R-TX). “It’s a top priority of this Committee to recoup these stolen funds, and yesterday’s hearing looked at new, innovative private sector solutions to do just that. I’m very grateful for our four witnesses, and we’ll continue our work on holding these fraudsters accountable.”

Click the link to read the Statement of Michael E. Horowitz, Chair, Pandemic Response Accountability Committee, Inspector General, U.S. Department of Justice before the U.S. House of Representatives Select Subcommittee on the Coronavirus Crisis concerning “Examining Federal Efforts To Prevent, Detect, And Prosecute Pandemic Relief Fraud To Safeguard Funds For All Eligible Americans”

Campaign finance reports were obtained from the Louisiana Ethics Board website. Disaster Recipient Profiles were found at usaspending.gov.

Methodology

For consistency, the total scores were based on these three principles:

  1. Campaign contributions issued (5 points)
  2. Campaign contributions received (5 points)
  3. Disclosures/conflicts of interest (5 points)

Only when candidates scored 15 for the whole package did they score 100 percent. 

Campaigns are dynamic. We welcome your feedback. If you see a candidate’s position has changed, send us an email to info@motiontoquash.org with the new information.

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC  successfully promoted legislation that supports the Anti-Money Laundering Act of 2020 and amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019.  NWC’s mission is to support whistleblowers in their efforts to expose and help prosecute corruption and other wrongdoing around the world.

Corruption Scorecards for Jefferson Parish House of Representatives Election 2023

Tracie Burke | Motion to Quash LLC | Sept. 22, 2023

Louisiana State Representatives are being scrutinized under the False Claims Act for receiving payments from over 100 entities that received over $200 million dollars in taxpayer backed Disaster Assistance, according to an analysis of federal government data by Motion to Quash LLC. 

The investigation of loan fraud by PPP loan recipients and Louisiana lawmakers is alarming. Businesses issued large political donations after receiving taxpayer backed pandemic loans, raising concerns about the legitimacy of their need for assistance. “Loan recipients who issued campaign contributions after receiving their awards should be required to repay the loans,” a spokesperson for the agency said. “Fraud schemes such as this are the costliest for the taxpayers.”

Motion to Quash is a powerful representation of the fight against corruption in Jefferson Parish, with the State Representative Anti Corruption Scorecard serving as a reminder of the importance of transparency and honesty in our political system. The scorecards are sufficient to provide accurate, reliable and sound judgment of campaign finance abuse, particularly for those interested in the 2023 Elections and the stand against corruption.

Campaign finance reports were obtained from the Louisiana Ethics Board website. Disaster Relief Profiles were found at usaspending.gov.

Click the name to view each candidate’s folder.

Joseph OrgeronC73%
John IllgD67%
Debbie VillioD60%
Polly ThomasD67%
Laurie SchlegelB-80%
Kyle Green JrB+87%
Reginald JasminA+100%
Timothy KernerF47%
Andrew BennettA+100%
Vincent Cox IIIF47%
Andrea ManuelA+100%
Rodney Lyons SrD63%
Trent Mackey Jr.A+100%
Michael SigurD67%
Joseph StagniD67%
Stephanie HilfertyC73%
Charles MarsalaA+100%
Jacob BraudF53%
Joanna LeopoldD67%
Mack CormierD60%
Donald ValleeA+97%
SCORE DISTRIBUTION OVERVIEW

Of the 21 candidates for State Representative on the Jefferson Parish sample ballot, 6 scored A+ (28.6%), 1 scored B+ (4.8%), 1 scored B- (4.8%), 2 scored C (9.5%), 8 scored D (38.1%), and 3 scored F (14.3%)

Organizational Conflicts of Interest (OCI)

From the time period 2020 to the present, candidates received a grand total of contributions over $1.4 million dollars including a sum of over $600,000 from pharmaceuticals, gaming interests, government contractors, and PPP disaster recipients. By far the most frequent recipient is Timothy Kerner Sr.

Methodology

For consistency, the total scores were based on these three principles:

  1. Campaign contributions issued (5 points)
  2. Campaign contributions received (5 points)
  3. Disclosures/conflicts of interest (5 points)

Only when candidates scored 15 for the whole package did they score 100 percent. 

Campaigns are dynamic. We welcome your feedback. If you see a candidate’s position has changed, send us an email to info@motiontoquash.org with the new information.

Recognized by the National Whistleblower Center, Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC  successfully promoted legislation that supports the Anti-Money Laundering Act of 2020 and amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC. 

Jefferson Parish State Senator Corruption Scorecard 2023

Tracie Burke | Motion to Quash LLC | August 27, 2023

Use of political campaign funds has been of great interest lately among Louisiana voters and members of the Louisiana Board of Ethics. The Motion to Quash scorecards are sufficient to provide accurate, reliable and sound judgment of campaign finance abuse. Motion to Quash identifies quid pro quo by compiling and analyzing campaign contribution data and through its understanding of the electoral and public policy-making process.

Anti Corruption Scorecard for Jefferson Parish State Senator Candidates 

Click the name to view each folder.
Jefferson Parish Sample Ballot
State Senator
Total (cumulative):15
Candidate averageC75%
Royce DuplessisC73%
Gary Carter Jr.C73%
Patrick ConnickB-80%
Timothy Kerner Jr.F53%
J. Cameron Henry Jr.C73%
Mary Ann MushattA+100%
Kirk TalbotC73%
Marilyn BellockA+100%
Gregory MillerC73%
Overview

SCORE DISTRIBUTION

Of the 9 candidates for State Senator on the Jefferson Parish sample ballot, 2 scored A+ (22.2%), 1 scored B- (11.1%), 5 scored C (55.6%), and 1 scored F (11.1%).

Organizational Conflicts of Interest (OCI)

Candidates received a sum of $225,670 from pharmaceuticals, gaming interests, and government contractors. The most frequent recipients are Kirk Talbot and Timothy Kerner. 



Methodology

For consistency, the total scores were based on these three principles:

  1. Campaign contributions issued (5 points)
  2. Campaign contributions received (5 points)
  3. Disclosures/conflicts of interest (5 points)

Only when candidates scored 15 for the whole package did they score 100 percent. 

Campaigns are dynamic. We welcome your feedback. If you see a candidate’s position has changed, send us an email to info@motiontoquash.org with the new information.

Recognized by the National Whistleblower Center, Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC successfully promoted legislation that supports the American Money Laundering Act and the Whistleblower Protection Act. Please Support journalism in the public interest by donating today. Click here to donate. The National Whistleblower Center (NWC) is the leading nonprofit dedicated to protecting and rewarding whistleblowers around the world. 

We’re Bringing National Whistleblower Day to Capitol Hill! 

Join us for our 10th Anniversary Event on July 27th

Tracie Burke | Motion to Quash LLC | May 30, 2023

I’m so grateful to be recognized, again, by the National Whistleblower Center! I remain committed to advocating for whistleblowers and spreading public awareness about the adversity we face. 

On behalf of Motion to Quash LLC, I would like to extend a warm invitation to you for this year’s 10th Anniversary National Whistleblower Day event July 27th on Capitol Hill.

The success of our past NWD events was dependent upon the support of people like you. We hope you will join us again this year for our celebration, which will include a live panel of whistleblowers, a speech from whistleblower supporter Senator Chuck Grassley (R-Iowa), and a discussion from National Whistleblower Center founder Stephen Kohn. 

This live, in-person event on July 27th will honor the contributions of whistleblowers to our nation, and the storied history of whistleblowing in the U.S.

Hope to see you there! We can’t celebrate without you! Seats to this event are limited, so please R.S.V.P. HERE
The National Whistleblower Day campaign aims to make National Whistleblower Day permanent by urging President Biden to sign an Executive Order mandating that all federal agencies recognize July 30th as National Whistleblower Day. For more information and ways you can support the campaign, please visit: 
NATIONAL WHISTLEBLOWER DAY 
National Whistleblower Day 2023 on Capitol Hill 
Why We Celebrate National Whistleblower Day
The history of National Whistleblower Day dates back to the founding days of our nation. On July 30th 1778, The U.S. Continental Congress passed America’s first whistleblower law during the height of the American Revolution. To honor this history and the foundational nature of of whistleblowing in America, we celebrate National Whistleblower Day every year on July 30th.

Senator Chuck Grassley (R-Iowa) signed the first National Whistleblower Day 10 years ago.Since then, NWC has supported an incredible group of whistleblowers and their bi-partisan allies in Congress to continue the NWD tradition. 

In recognition of the sacrifices of whistleblowers, and in honor of the crucial contributions that whistleblowers have made to our democracy, Motion to Quash LLC stands with NWC wholeheartedly alongside the whistleblowers. We’re calling on both chambers of Congress and President Biden to permanently designate July 30 as National Whistleblower Day in the U.S. This is the single most important action the Federal Government can take to acknowledge the importance of whistleblowing and combating the culture of retaliation against whistleblowers. To learn more about these critical efforts to make National Whistleblower Day permanent, visit:
NATIONAL WHISTLEBLOWER DAY 

Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC promotes legislation that supports the American Anti-Corruption Act. Please Support journalism in the public interest by contributing today. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019 Click here to donate.

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Statewide Anti Corruption Scorecards Nov. 2021

By Tracie Burke | Motion to Quash LLC | September 26, 2021

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Integrity is a top issue facing Louisiana voters. Unfair business practices and long standing financial connections are breeding grounds for corruption. See how candidates score on integrity for the November 2021 Statewide/Multi-Parish Elections.

We based the candidate integrity scores on these three principles: Campaign Contributions Issued, Campaign Contributions Received, and Disclosures/Conflicts of Interest. 

Click here to view the SCORECARD. You can download and print the complimentary spreadsheet. Click on the Grades Tab to view each Candidate’s folder.

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METHODOLOGY

Candidates are graded on the number of critical issues for anti-corruption listed in the candidate scorecard, as divided into three overarching principles. We believe all of these issues are crucial for candidate integrity. 

We assigned a total possible score of 5 for each principle. For the sake of consistency, we treat individual issues equally: calculating fewer of these critical issues gets candidates a higher score—and only when they score 15 for the whole package do they score 100 percent.

We compiled candidate information from their campaign websites, in interviews, or from public and private sources. 

Campaigns are dynamic. We welcome your feedback—if you see a candidate’s position has changed, send us an email to info@motiontoquash.org  with the new information.

Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC promotes legislation that supports the American Anti-Corruption Act. Please Support journalism in the public interest by contributing today. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019 Click here to donate.

Statewide Multi-Parish Candidates- November 2021Download

JPSO Police Sexual Violence & PREA- graphic content warning

The law says there’s no such thing as consensual sex under the Prison Rape Elimination Act because of the power imbalance.

By: Tracie Burke | Motion to Quash LLC | November 18, 2020

The seal of secrecy of sexual misconduct by fellow police officers is a serious obstacle in controlling police sexual violence and achieving police accountability in Louisiana.

As more efforts to stem sexual abuse by members of law enforcement in Louisiana come to light, there are victims still seeking justice for the police sexual violence they suffered, specifically in Jefferson Parish.

Motion to Quash LLC obtained evidence that Sheriff Lopinto and District Attorney Paul Connick improperly investigated reports of police sexual violence that occurred, and continues to occur by law enforcement and employees of Jefferson Parish. “Some high ranking members in law enforcement across Louisiana are using hidden cameras during intercourse without the subjects knowledge, some while on duty. Then the officers share the videos with others,” according to the disclosure obtained by Motion to Quash LLC.

“Survivors of police sexual violence are the only survivors of sexual assault who have to report the assault to the people that committed it. That’s the main reason they’re not reported,” one victim told Motion to Quash LLC.

The Sheriff and the DA are reluctant to take reports or complaints of police sexual violence—often trying to dissuade victims from making them, and even wrongly categorizing reports of abuse in an attempt to diminish their severity and impact.

If that fails, Sheriff Lopinto, District Attorney Paul Connick and their officers, have been known to actively pursue a victim’s silence through direct threats and intimidation.

One victim in Jefferson Parish told Motion to Quash LLC that she was “given the run around” by internal affairs officers, who intimidated and discouraged her from making the report, and instead issued her a battered women’s broshure and instructed her to call the hotline on the broshure for support.

Motion to Quash LLC takes action against police sexual violence by helping victims in Jefferson Parish file lawsuits, but there are no civil provisions yet for the Prison Rape Elimination Act. Urge congress this session to pass a bill that allows civil provisions under PREA. Now is the time for action and we urge Congress to get an amendment passed that provides a civil remedy for victims of Police Sexual Violence in Louisiana. 

Here is a copy of the victim’s lawsuit for damages. Warning, this content may be distressing for victims of sexual assault.

Plaintiff-V-Jefferson-Parish-Sheriff-Lopinto-DA-Paul-Connick-petition-for-damages

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“On October 26, 2020, defendant [name redacted] an employee of the Jefferson Parish District Attorney’s Office, sexually harassed the plaintiff via text message. Without warning or provocation, the defendant transmitted unsolicited photos of his own genitalia to the plaintiff. This hostile act by the defendant caused the plaintiff extreme emotional distress,” the lawsuit alledges

The law says there’s no such thing as consensual sex under the Prison Rape Elimination Act because of the power imbalance. Clearly, this situation demands pressing and serious attention, including passing bills promoting civil provisions for victims of the Prison Rape Elimination Act.

YOUR VOICE BE HEARD:

Advocate for Civil Provisions for the Prison Rape Elimination Act by sending a message to your Congress members, asking them to take concrete action to provide civil remedies for PREA victims in Louisiana. 

WAYS TO CONTACT YOUR HOUSE REPRESENTATIVE:

Click Directory of House of Representatives to contact and send a message to your House Representatives using the contact information and forms provided through this link.

EMAIL OR SAMPLE LETTER FOR CONTACTING YOUR MEMBERS OF CONGRESS

You may copy and paste the letter below into the message field of any contact form or you may use it in the body of emails to your House Representatives. Be sure to enter the name of your representative at the start of the message, and include or sign your name at the end. Consider adding your own personal anecdote or observation to the messages you send. 

Dear Member of Congress [Name]:

As your constituent, I am writing today to ask for your support of Civil Provisions for Victims of PREA.  I am sure that every day you have a multitude of bills crossing your desk, but I ask you to pay specific attention to those pertaining to and affecting law enforcement that promotes civil provisions for PREA victims in Louisiana. While there have been efforts to provide remedies for victims of police sexual violence in criminal court, there are no provisions for victims of police sexual violence in civil court. Clearly, this situation demands pressing and serious attention, including passing bills promoting civil provisions for the Prison Rape Elimination Act. Now is the time for action and I urge you to get an amendment passed that provides a civil remedy for victims of Police Sexual Violence in Louisiana. 

As a supporter of Motion to Quash LLC, a non-partisan online publication dedicated to advocating for civil remedies under PREA, and raising awareness of the Prison Rape Elimination Act, I urge you to protect the integrity of PREA by supporting legislation on its behalf this session.

I look forward to hearing from you regarding the positive steps you are taking to advance civil remedies for victims of police sexual violence in the immediate and long-term future. 

Sincerely,

[Insert Your Name]

[District or State]

[Contact Information] (if you wish/want a reply)

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC successfully promoted legislation that supports the Anti-Money Laundering Act of 2020 and amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019.  NWC’s mission is to support whistleblowers in their efforts to expose and help prosecute corruption and other wrongdoing around the world. 

2020 Candidate Integrity SCORECARD- Justice of the Peace & Constable- Jefferson Parish

Tracie Burke | Motion to Quash LLC | October 23, 2020

Dear Members and Friends,

Forms « Jefferson Parish Clerk of Court

Integrity is a top issue facing Jefferson Parish voters. See how Justice of the Peace and Constable candidates in Jefferson Parish score on integrity when it comes to financial disclosures and campaign finance reports. Then ask the candidates to pledge to Join the Campaign for Judicial Integrity in Louisiana.          

We based the candidates’ integrity scores on these three principles: 

1. Campaign Contributions Issued

2. Campaign Contributions Received

3. Financial Disclosure Statements. 

Click below to view the SCORECARDS. You can download the complimentary spreadsheet. Candidate review folders are available upon request to: info@motiontoquash.org.

2020-Candidate-Scoresheet-Jefferson-Parish-Justice-of-the-Peace-Const-1-2Download

METHODOLOGY

Candidates are graded on the number of critical issues for anti-corruption listed in the candidate scorecard, as divided into three overarching principles. We believe all of these issues are crucial to unrigging our broken system. 

We assigned a total possible score of 5 for each principle. For the sake of consistency, we treat individual issues equally: calculating fewer of these critical issues gets candidates a higher score—and only when they score 15 for the whole package do they get 100 percent.

We compiled candidate information from their campaign websites, in interviews, or from public and private resources. 

Campaigns are dynamic. We welcome your feedback—if you see a candidate’s position has changed, send us an email at info@motiontoquash.org  with the new information.

Tracie Burke is Louisiana Author of Motion to Quash. Her work focuses on providing education, information, and justice for women survivors of family violence in Louisiana. She can be reached at tracie@motiontoquash.org

Please Support journalism in the public interest by contributing today. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019

Click here to donate.

Join the Campaign for Judicial Integrity in Louisiana

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Have you ever been affected by a Judge’s decision in Louisiana? Did the decision affect you in such a way that you either lost money or have been left at risk of ongoing abuse or unable to see your children? Chances are that you have. Did you feel the system in Louisiana was corrupt? The answer to that is probably yes. If so, Motion to Quash LLC has the solution. Join the Campaign for Judicial Integrity in Louisiana.

We want the public to receive accurate and understandable information and show what you can do to rid Louisiana of Judicial corruption. Join the Campaign for Judicial Integrity in Louisiana to remedy those problems by making the system right and ridding the Louisiana judiciary of bad and corrupt judges.

Harmful Effect of Money in Louisiana Government

Motion to Quash LLC takes action against government corruption and retribution in Louisiana. No one can get a fair trial before judges who receive illegal payments from attorneys and retroactive immunity from criminal prosecution.

A significant number of judges in Louisiana receive illegal payments from attorneys in the form of campaign contributions. Motion to Quash LLC is taking the steps to pass legislation that says any judge who receives contributions from attorneys no longer can sit on the seat in the district where the attorneys practice. What You Can Do to Rid the Louisiana Judiciary of Bad and Corrupt Judges

There is continuing fraud before the courts in Louisiana and the Louisiana judicial system is in a crisis. This is the underlying story of how judges receiving illegal contributions and payments to increase their own interests has corrupted the Louisiana judicial system.

The Louisiana Supreme Court and Court of Appeal Justices and Superior Court Justices at all times knew and know at present, many Louisiana judges sit on cases in which they are disqualified under law because the attorney gave them a criminal payment and: (1) appears before them as a party; (2) appears as a witness; or (3) has an interest.

The mission of the Campaign for Judicial Integrity in Louisiana is to disqualify the judges who are receiving money from attorneys and end corruption and take back our judicial system.

How to Disqualify Your Judge

Responsibility falls on citizens to reclaim our justice system. The method is for the people to file LA Code Crim Pro 987 based on fraud upon the court. Motion to Set Aside Conviction and Dismiss Prosecution; Rule to Show Cause; and Order of Dismissal forms are to be used. Here is a link to the forms provided by LSAC http://www.lasc.org/rules/City_Parish/Uniform_Forms_for_City_Parish_Courts.pdf

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Also, federal laws provide an opportunity to reverse the judge’s ruling and move forward with working the case to its logical conclusion. The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2), establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the “supreme Law of the Land” and thus take priority over any conflicting state laws.

Section 1346 of Title 18, United States Code provides an intangible right to honest services.  The statute has been applied by federal prosecutors in cases of public corruption as well as in cases in which private individuals breached a fiduciary duty to another.

Exercise Your Rights & Contact Your Legislators

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Motion to Quash LLC is drafting legislation and sending it to every legislator to stop any judge from receiving payments from attorneys who may appear before them. The next step for you, the voters, will be to exercise your rights to contact your legislators, who are your representatives and work for you, and urge them to get the amendment passed. Remember, these payments have affected every aspect of the court system, so now is the time for action.

“If you have been hurt by a judicial decision or by a corrupt judge and you want to do something about it, this is the only thing that you can do. Protesting in the street is not going to get you anywhere. Making music or noise is not going to get you anywhere. Exercising your right will get you somewhere.” – Dr. Richard Fine, Founder, Vote for Justice, Campaign for Judicial Integrity.

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC successfully promoted legislation that supports the Anti-Money Laundering Act of 2020 and amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019.  NWC’s mission is to support whistleblowers in their efforts to expose and help prosecute corruption and other wrongdoing around the world. 

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Vote No to HCR 53 Study Concerning Registry of Persons With Autism

By Tracie Burke | Motion to Quash LLC | May 9, 2020

Representative Joe Stagni has requested a study that goes against basic ethical principles and guidelines for research involving human subjects with autism and other developmental disabilities. HCR 53 EXCEPTIONAL PERSONS: Requests a study concerning a voluntary registry of persons with autism and other developmental disabilities for use by law enforcement professionals. Stagni’s request poses some troubling ethical questions concerning privacy, discrimination, and legal harm. It does not answer the question of what the standard should be for judging how much and what sort of information should be provided for the study.

According to The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research principle guidelines, research involving persons with Autism and other developmental disabilities needs extensive protections.

The National Research Act

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On July 12, 1974, the National Research Act (Pub. L. 93-348) was signed into law, thereby creating the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, as well as the Belmont Report and Institutional Review Boards (IRBs). One of the charges to the Commission was to identify the basic ethical principles that should underlie the conduct of biomedical and behavioral research involving human subjects and to develop guidelines which should be followed to assure that such research is conducted in accordance with those principles. In carrying out the above, the Commission was directed to consider: (i) the boundaries between biomedical and behavioral research and the accepted and routine practice of medicine, (ii) the role of assessment of risk-benefit criteria in the determination of the appropriateness of research involving human subjects, (iii) appropriate guidelines for the selection of human subjects for participation in such research and (iv) the nature and definition of informed consent in various research settings.”

Basic Ethical Principles

  1. Respect for Persons. — Persons with diminished autonomy are entitled to protection. The principle of respect for persons thus divides into two separate moral requirements: the requirement to acknowledge autonomy and the requirement to protect those with diminished autonomy.
  2. Assessment of Risks and Benefits. — For a review committee, it is a method for determining whether the risks that will be presented to subjects are justified.

The Louisiana Department of Health has already indicated that studies such as HCR 53 are not feasible. House Concurrent Resolution No. 84 of the 2019 Regular Session requested the Louisiana Department of Health to study the feasibility of issuing a special identification card to individuals with an autism spectrum disorder diagnosis and the study that the Louisiana Department of Health produced in accordance with that Resolution indicated, “it is not feasible for the department to issue such identification cards because it has no processes currently in place within which that function could be included.” This volubly confirms that it is not feasible to conduct a discriminatory study concerning the potential use of the NCIC database for creating a registry of persons with autism and other developmental disabilities.

Furthermore, Louisiana law, R.S. 40:2404.2(C), already provides for training of law enforcement officers on interacting with persons who have developmental disabilities. Autism Risk and Safety Management provides training and resources for law enforcement, emergency first responders, parents, educators, care providers, and the autism community. Autism training offers scenarios that describe not only the highest risk autism and law enforcement encounters but strategies designed to lower risk when police officers and first responders interact with autistic citizens and resolve the dilemma of recognizing autism related behaviors and characteristics.

The Nature and Scope of Risks and Benefits

The Assessment of risks and benefits requires a careful arrayal of relevant data, including alternative ways of obtaining the benefits sought in the research. One example, The National Autism Registry (NARY) was started in 1999. The mission is to provide opportunities for individuals with developmental disabilities and their families to engage in community-based experiences that were not available to them due to the difficulties of the individual with developmental disabilities. It was founded by Valerie Herskowitz, a mother of a son with autism, and her husband, Garth Dolderer.

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The risks that HCR 53 presents to the subjects are not justified. Joe Stagni appears to be a disablist, contributing to the possibility that harm of autistic individuals may occur. Moreover, a conflict of interest is present since Stagni receives thousands of dollars in contributions issued by medical marketing agencies. This requires review by the Louisiana Ethics Administration.

Austistic populations are already burdened in many ways by their disabilities and environments. When research is proposed that involves risks and does not include a therapeutic component, they should be protected against the danger of being involved in research soley for administrative convenience or political purposes. Call or write to your legislators today and urge them to vote no to partisan bill HCR 53.

Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC promotes legislation that supports the American Anti-Corruption Act.

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