Katy Stech – WSJ
Fri, July 8, 2011
Subject: Marshall Home Saving Foreclosures – Who Will Save Marshall Home
Marshall made Wall Street Journal!
Arizona Man Seeking to Take Over Giordano’s Case Arrested
By Katy Stech
- Melanie Cohen
Home was arrested in Tucson, Ariz., in connection with court papers he filed to try to force the United States into bankruptcy—a separate case that Home used as part of a fraudulent scam to help struggling homeowners keep their properties, according to the U.S. attorney’s office. That bankruptcy case, which was thrown out of court on May 18, led authorities to charge Home with two felony counts of filing false claims in bankruptcy court.
Before the case was dismissed, Home falsely stated that he had financial claims worth more than $3 billion against the U.S., according to the criminal complaint. A conviction for making such claims in bankruptcy cases could lead to a maximum penalty of five years in prison, a $250,000 fine or both.
Home is part of the broader, antigovernment “sovereign citizen” movement that asserts “that Congress does not have the authority under the U.S. Constitution to make laws, rules or regulations binding on anyone outside the District of Columbia and federal territories,” U.S. Attorney Dennis K. Burke said in a press release.
“The anti-government paranoia of so-called ‘sovereign citizens’ becomes a self-fulfilling prophecy when they use their false claims and fraudulent practices to rip-off others,” Burke said. “We will continue to work with our law enforcement partners to pursue and prosecute those who make false claims against the government to cover for their wrongdoing.”
Home and his wife, Mary, used the short-lived involuntary bankruptcy case against the U.S. to run a business that advertised
foreclosure help to struggling homeowners. Home charged individuals in foreclosure proceedings $500 to make the foreclosure process stop, the press release said.
Home’s clients could sign onto the case, then file bogus claims that assert they are owed massive amounts of money. Home filed or helped file 173 claims in that case.
Judge Eileen W. Hollowell later threw out the involuntary bankruptcy petition, filed in Arizona where he currently resides, writing in an opinion that Home had filed the case and giant claims “in an effort to manipulate the bankruptcy process.”
“The record demonstrates that [Home and others] filed this case as a pretext to stop various collection actions including foreclosures, forcible entry and detainer actions, and tax garnishments,” Hollowell wrote in an opinion.
Sovereign-citizen expert J.J. MacNab has identified Mary Home as Elizabeth Broderick, a convicted scam artist
nicknamed the “Lien Queen” who served a 17-year sentence for telling hundreds of followers that they could wipe out their debts with fake checks worth $800 million. She was released in December, according to prison records. Mary Home did not respond to an email sent late Friday, and her husband’s cellphone voicemail box was not accepting new messages.
Home used similar rhetoric from the Arizona case to try to put the Giordano’s chain, formally Giordano’s Enterprises Inc., back in the hands of longtime owners John and Eva Apostolou. The couple lost control of the case when the court appointed a Chapter 11 trustee to handle the restaurant chain’s restructuring after the company missed key deadlines and failed to pay the necessary court fees.
At a hearing last week, Home was removed from a Chicago courtroom by three security guards after interrupting the hearing and making a vaguely threatening remark toward the judge, the Chicago Tribune reported
. The trustee now in charge of the case has warned that Home’s bizarre moves have confused possible buyers for the chain and corrupt the entire claims-filing system.
“Home’s actions should not be dismissed as the harmless antics of an impotent crank,” trustee Philip Martino wrote in court documents seeking to toss Home’s $150 million claim. “They are potentially much more dangerous to the [company’s estate] than his scores of pointless filings in the Arizona bankruptcy court.”
Tags: Bankruptcy Beat Marshall Home, Birth Certificate Securitization, Elizabeth Broderick, Foreclosure Fraud, Foreclosuregate, Giordano Bankruptcy Case, J J McNab, Judge Eileen W Hallowell, Katy Stech, Lien Queen, Marshall Home, Mortgage Fraud, Promisory Note Securitization, Secured Patry Creditor, Sovereign Citizen, Trustee Philip Martino, U S Attorney Dennis K Burke