‡ The link to this posting is http://Judicial-Discipline-Reform.org/OL2/DrRCordero_proposal_for_class_actions.pdf .
By
Dr. Richard Cordero, Esq.
Ph.D., University of Cambridge, England
M.B.A., University of Michigan Business School
D.E.A., La Sorbonne, Paris
Judicial Discipline Reform
New York City
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com
(To read the latest articles, go to
http://Judicial-Discipline-Reform.org/OL3/DrRCordero-Honest_Jud_Advocates3.pdf)
Dear Attorneys, Journalists, Professors, IT experts, and Advocates of Honest Judiciaries,
- I am searching for qualified parties among you to whom to propose a joint venture to further prosecute any or all of the three cases that I1 have brought to ripeness for class action2.
- This search is an exercise of the rights most cherished by We the People, namely, those guaranteed by the 1stAmendment to the Constitution to “freedom of speech, of the press, the right of the people [the sovereign source of all public power in a democracy] peaceably to assemble [on the Internet too], and to petition [also through class actions] the Government [such as its third branch, the judiciary, and its agencies, e.g., Medicare; as well as private parties] for a redress [through transparency, accountability, and compensation] of grievances”.
- You can expand the cases’ brief description below by going to the file at ‡, which has links to detailed information.
a. Medicare administers $100s of billions for the benefit of its more than 33 million insureds. It works with hundreds of HMOs and other health insurance entities. They have common interests: pay the fewest claims and attract to, and maintain in their, networks the largest number of medical services and equipment providers.
1) To advance their interests they:
a) deny and uphold the denial of as many of their insureds’ claims as possible;
b) disregard the legal obligation to accept as total payment Medicare’s schedules of fees for medical provisions3; and
c) condone the billing of insureds for the unpaid balance.
2) Most insureds who appeal denials and balance billing appear pro se. Due to their ignorance of the law, they are abused by having their rights denied or disregarded.
3) I appealed to the Medicare Appeals Council. After I appeal to the Medicare Board, the class action can be filed in a federal district court.4 The recovery can be huge and force transformative change in the health insurance system.
a4) A Supplemental Brief was filed by me on March 13, 2023; its link is http://Judicial-Discipline-Reform.org/ALJ/23-3-11DrRCordero_supp_brief-Medicare_Appeals_Council.pdf. It describes the lengths to which administrative law judges (ALJ), other officers of the Office of Medicare Hearings and Appeals and the Medicare Appeals Council, and the opposing parties have gone to withhold evidentiary materials from me that incriminates them in coordinated complicit conduct and its cover-up.
5) This is attested to by ‘a smoking gun’ “Report of Contact”. It shows, among other things, that a party and an ALJ office engaged in ex parte communications and that they knew that my appeal had been denied before I had filed my Statement on Appeal and before the ALJ hearing had even been scheduled. The outcome of the hearing had been predetermined and the holding of the hearing was pro forma.
6) The ALJs, officers, and parties have turned the health insurance and Medicare appeal process into a pretense to the detriment of the tens of millions of their insureds. Their conduct warrants bringing a class action against them.
b. Walgreens is described as having had $139.5 billion in revenue in 2020 and 277,000 employees in 2021. Its purchase-incentivizing program is Cash Rewards. It is a misnomer, for rewards are not earned by paying in cash and cannot be redeemed for cash despite its false advertisement: “Save time. Redeem your rewards instantly at checkout”. But at checkout you cannot pay the total cost of the purchase with your Cash Rewards. You can only apply a single “tier” per purchase of either $1, $3, $5, or $10 if it is equal to or less than the purchase cost, i.e., “tiers” cannot be stacked. You must pay the balance with your money. Your rewards, though earned, are not yours, for they expire and you can use them only at Walgreens. The program is a bait and switch scam.
1) This is a test case for suing big businesses that make enormous gains by defrauding millions of customers of small amounts that do not justify the substantial cost of individual prosecution.
c. While serving as a grand juror, I witnessed how prosecutors and New York Police Department (NYPD) officers charged people with a murder that those people could not have committed because no evidence of a crime was contained in the 12 exhibits presented:
i. not a single photo or video of the scene of the crime, which allegedly occurred in the middle of a street flanked by restaurants and bodegas; or of the victim, whether taken by the police, a surveillance camera of those restaurants and bodegas, or any bystander…in the age of the ubiquitous smartphone with camera and a citizens journalist mentality!;
ii. no police incident report; no medical examiner autopsy report; no death or burial certificate;
iii. nothing but the allegations of five NYPD officers, including detectives, and an alleged friend that had been walking with the alleged victim that evening but who did not witness the murder.
1) The indictment was sought to gain plea bargain leverage by taking advantage of the well-known grand jurors’ indifference and uncritical judgment.
2) When I asked critical questions, the presenting and the supervising prosecutors referred me to the grand jury judge, who discharged me without affording me the opportunity to confront my accusers.
3) I described these events in a 4,743-word, 8-page sworn statement and submitted it to the administrative judge. Late enough, he sent it to the grand jury judge, who with no discussion dismissed it on the trivial fact that the grand jury term had expired. I filed a complaint with the NY State Chief Judge, the NYS and NYC administrative judges, the NYPD Internal Affairs Bureau chief and the Commissioner, the Bronx council members, public advocates, et al., who have not replied.
4) They form the defendant class: They do not investigate judges to avoid retaliation5. They also pursue a pecuniary benefit, which is anything to which a monetary value can be assigned. Their dereliction of duty is a policy and a systemic cover-up based on actual or constructive complicit coordination; cf. companies that coordinate their anti-competition practices by following the price leader, which has been held illegal under antitrust law and case law.
5) Acting under color of law, they have violated the civil rights of the likely thousands of people against whom they have levelled false accusations, thus causing them injury in fact by being indicted, jailed, prosecuted, devasted financially in an effort to make bail, and ruined reputationally by having a criminal record.
6) The latest statement of facts, dated February 23, 2023, in this case describes the flagrant misconduct of the New York State Commission on Judicial Conduct. It is aimed to protect the two judges involved in covering for the prosecutors and police officers who based on false evidence accused two people of murder: The Commission has founded its dismissal of my complaint on the demonstrably false grounds that those two judges are not members of the NYS Unified Court System. See the Commission’s letters at http://Judicial-Discipline-Reform.org/IAB/DrRCordero-Commission_Judicial_Conduct.pdf.
7) Meantime, the number keeps growing of those who have been abused by false accusations. They form the plaintiff class. Their claims for compensatory and punitive damages keep growing too…but so does the abuse that they continue to suffer.
8) Competent and principled lawyers capable of joining the legal team being assembled to bring this class action can do the right thing on behalf of the plaintiffs while making for themselves both a substantial amount of money, including treble damages and attorney’s fees, and a national name as Champions of Justice.6
- I offer to make a presentation on these cases via video conference or, if in New York City, in person.
Every meaningful cause needs resources for its advancement;
none can be continued, let alone advanced, without money
Put your money
where your outrage at abuse and
quest for justice are.
Support the professional law research and writing, and strategic thinking conducted at
DONATE
by making a deposit or an online transfer through
either the Bill Pay feature of your online account or Zelle
from your account
to TD Bank account # 43 92 62 52 45, routing # 260 13 673;
or Citi Bank account # 4977 59 2001, routing # 021 000 089.
Dare trigger history!…and you may enter it.
I look forward to hearing from you.
Sincerely,
Dr. Richard Cordero, Esq.
Judicial Discipline Reform
2165 Bruckner Blvd
Bronx, New York City 10472-6506
tel. +1(718)827-9521
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com
https://www.linkedin.com/in/dr-richard-cordero-esq-0508ba4b
ENDNOTES
1 This email and its above-stated link‡ can be shared with others who are potentially interested in joining any of the class actions under FRCP Rule 23 and attending my presentation on this proposal. The latter is supported by my professional law research and writing, and strategic thinking; they are the skills that undergird my three-volume study* † ♣ of judges and their judiciaries, which is titled and downloadable thus:
Exposing Judges’ Unaccountability and
Consequent Riskless Abuse of Power:
Pioneering the news and publishing field of
judicial unaccountability reporting* † ♣
a. The study collects and discusses abundant evidence(OL:194§E) showing that judges ensure each other’s unaccountability by systematically dismissing 100% of complaints against any fellow judge and denying 100% of petitions to review dismissals.
b. They are also protected connivingly by the politicians who put them in office and for whom they are ‘our men and women on the bench’.
c. Judges engage in abuse of power risklessly for their gain and convenience individually and as a coordinated class. Their pattern of conduct shows that they run their judiciary as a racketeering enterprise. See footnotes 5 and 6 hereunder.
d. Some of my articles have been posted to my website Judicial Discipline Reform. That site has attracted countless webvisitors and as of 18 March 2023, had turned into subscribers 46,757 of them. They are potential class members.
e. The latest articles are included in Volume III♣ of the study.
2 The class actions can expect sympathetic juries. Indeed, since the advent of the MeToo! and BLM movements, and the demonstrations against police brutality, and racial and socio-economic inequality, the national public has become ever more intolerant of all forms of abuse, as expressed in its self-assertive rallying cry:
Enough is enough!
We won’t take any abuse from anybody anymore.
a. Trump lawyers settled a case on their way to the first trial day rather than risk a huge verdict from one of the blue-collar juries in the Bronx, New York City, known for their distrust of, and resentment toward, big companies and government; and more ready than others to “stick it to ‘em”.
3 Section 1902(n)(3)(B) of the Social Security Act, found in Title 42 of the U.S. Code of federal laws, as modified by Section 4714 of the Balanced Budget Act of 1997, prohibits Medicare providers from balance billing Medicaid QMBs [Qualified Medicare Beneficiaries] for Medicare cost-sharing. The provider must submit its bill to Medicaid and accept as full payment what Medicaid pays.
4 Victims of abuse by Medicare officers, including administrative law judges, can share their story with the Medicare Appeals Council. The latter is the venue for the fourth of five levels of appeal in the Medicare system (the fifth level appeal lies with the Medicare Appeals Board). Hence, if you have not gone through the previous appeal levels, which begins with your HMO or other medical services or equipment provider, the Council will not treat your story as a complaint on appeal.
a. However, you together with as many victims as possible can submit your story in order to inform the Council of the nature, frequency, and gravity of abuse within the Medicare system. There is strength in numbers. Numerous statements from unrelated parties yet consistent with each other allow for the detection of patterns of abuse of power. Patterns make an impression in the minds of those who detect, or are made aware of, them.
1) The federal criminal code provides at 18 U.S.C. §1961(5) that a ‘pattern is constituted of at least two acts committed within ten years’.
b. By writing your story, you take the first step toward showing that you have questions of law or fact and claims common to the class suing Medicare and providers, and qualify as a member of it(R.23(a)), entitled to share in any compensation that the action may win for it.
c. Your story must be brief. Never-ending rambling and whining sagas are wasteful of your and everybody else’s effort and time. They are not read to the end or taken seriously.
d. By contrast, a story written in up to 500 words is more likely to be impactful if it consists only of verifiable and accurate facts, names, and addresses identifying only the most outrageous events that may have developed during months or years of abuse and litigation. Read and apply the two-phase method for writing such a story. You will be happily surprised by how helpful that method is. By applying it, you can write a story that may get you invited to tell it to the state or national public at the proposed UNPRECEDENTED CITIZENS HEARINGS on judges’ unaccountability and riskless abuse of power.
e. Your story can contribute to detecting the most persuasive type of evidence of abuse: patterns of conduct of the same, related, or similarly situated officers and their cronies that harm many unrelated individuals in similar ways. A pattern of similarities may show that officers and cronies acted in a coordinated rather than coincidental way; and that stories have common facts and claims that qualify you and other abusees as members of the class action.
f. By making public your story, you too will be asserting your rights under the First Amendment to “freedom of speech, of the press, the right of the [little] people peaceably to assemble [on the Internet too], and to petition [as a numerous and thus big class] the Government [of which judges form the third branch] for a redress of grievances [including by holding judges and their cronies accountable and liable to compensation]”.
g. Add at the top of your story the following reference; and mail and email it to the following addresses:
Reference: for consideration by the Medicare Appeals Council and the Board in appeal M-23-386
1) Go to https://dab.efile.hhs.gov/, register, and “File correspondence…and other written material in pending case” M-23-386. Thereby your story may become part of the record that may be filed on appeal in a federal district court and contribute to the formation of the class action and the holding of the citizens hearings.
2) Department of Health and Human Services
Departmental Appeals Board
Medicare Appeals Council, MS 6127
Cohen Building Room G-644
330 Independence Ave., S.W.
Washington, D.C. 20201
3) DABMODHotline@hhs.gov, OSDABImmediateOffice@hhs.gov, Medicare.Appeals@hhs.gov, appeals@dab.efile.hhs.gov
5 Developments in the judiciary establish strong precedents that support a favorable expectation for the class actions:
a. In the civil suit Stricklandv. U.S., the Judicial Conference of the U.S., the Administrative Office of the U.S. Courts, et al., the U.S. Court of Appeals for the Fourth Circuit held on April 26, 2022, that the Federal Judiciary and its judges in their official and individual capacities can on due process and equal protection grounds be sued and held liable. The plaintiff’s exposure of 4th Circuit judges’ complicit coordination forced all the judges of that Court to recuse themselves! Judges from other circuits were seated by designation on the three-judge appellate panel.
b. Ninety gymnasts sued the FBI and agents for over $1 billion last June 8 for its failure to act on the complaints against sexual predator Dr. Larry Nassar brought to FBI agents and the FBI’s cover-up of their dereliction of duty. This is in addition to the $380 million that USA Gymnastics and the U.S. Olympic Committee had to pay to Nassar sexual abuse victims.
c. A Pennsylvania state court ordered judges who sent juveniles to government paid/privately run detention facilities in exchange for kickbacks to pay $206 million in compensatory and punitive damages.
6 The Wall Street Journal has published a series of articles that began on September 28, 2021, under the initial title “131 [now 152] Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest”.
a. Led by their motive of protecting their illegal gains and gain schemes, judges intercept -which is illegal under 18 U.S.C. §§2511– people’s emails and mail to detect and suppress those of their critics.
b. The Federal Judiciary has the means of doing so, as it runs one of the largest national computer networks and has the Information Technology (IT) expertise necessary therefor: It handles daily the filing, storage, and retrieval of hundreds of millions of briefs, motions, applications, records, reports, recordings, dockets, calendars, orders, decisions, certificates, etc., through its Public Access to Court Electronic Records (PACER) system.
c. Judges have the opportunity to also compel such interception by the intelligence agencies to which in a quid pro quo they grant 100% of their secret requests for secret orders for secret surveillance under the Foreign Intelligence Surveillance Act(50 U.S.C §§1801-1885c).
d. There is proposed to hire IT experts to examine the communications and computers of critics of judges. The exposure of judges’ interception in a suit with counts under the Racketeer Influenced and Corrupt Organization Act (RICO;18 U.S.C. §1961) on behalf of their victims can generate national outrage, treble damages, and attorneys’ fees. The examination can be announced at a press conference intended to capture national attention and to interest critics and victims of judges’ abuse in sharing their stories with the IT experts.
1) See former CBS reporter Sharyl Attkisson’s suit against the U.S. Department of Justice for $35 million for the latter’s hacking into her home and CBS computers to spy on the stories that she was investigating and that had deeply embarrassed the Obama administration and Attorney General Eric Holder. Eventually, AG Holder was held in contempt of Congress for withholding evidence on those stories and forced to resign.
https://www.linkedin.com/in/dr-richard-cordero-esq-0508ba4b
NOTE: Given the interference with Dr. Cordero’s email and e-cloud storage accounts described at *>ggl:1 et seq. and † >OL2:1114§G, when emailing him, copy the above bloc of his email addresses and paste it in the To: line of your email so as to enhance the chances of your email reaching him at least at one of those addresses.
Dare trigger history!…and you may enter it.
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