Libel claim
against
Sandia
Laboratory Federal Credit Union
First posted
Thursday
November 13, 2008 06:44
Updated
Monday January 12, 2009 12:52
Beware Pension-Plan Shortfall - Barron's comment.
| Thursday November 13, 2008
07:06 http://www.prosefights.org/nmlegal/libel/libel.htm#slfcu |
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found in New Mexico Statutes |
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| Thursday November 20, 2008 09:35 Do everything by the rules. NCUA Regulations. More fraud. This is the /SIGNED/ fraud. ![]() Unsigned pdf 1. Unsigned pdf 2. Looks like two bogus emails may have been sent. We, of course, have one genuine signed letter from Kelly Lay. Let's start another fraud investigation. Wednesday November 19, 2008 13:50 NCUA second letter is posted below. Jimmy Carter may have to return his Nobel peace prize.
There are insurance laws that should be complied with. What did Lay WRITE in second email message? We will see. At the right time. NCUA's viz escalates. Cramer on BloggingStocks: The destruction of the financials![]() We see the 11:39 message from NCUA but have not read it. Note that the Lay response is in pdf but not signed. Pdf can contain graphics. What's up? http://www.prosefights.org/nmlegal/libel/libel.htm#lay2 |
![]() From:"_Region 5 DOS Mail" To:bpayne37@comcast.net Subject:Sandia Lab FCU - 05851 - FW: we are concerned that NCUA may not be properly processing our fraud loss claims in accordance to its rules Date:Monday, November 17, 2008 10:38:40 AM [View Source] Mr. Payne: Please see the attached letter. NCUA, Region V, Tempe, AZ Division of Supervision 602-302-6000 r5dosmail@ncua.gov FCU 05851-K6 PAL #08-6871 From: bill payne [mailto:bpayne37@comcast.net] Ms Lay: Mr Morales and his family are under financial stress largely due to the money stolen from his SLFCU savings account. Click on the below link to see the full text of our eletter to you. Lets all hope for peaceful settlement of these unfortunate matters before they get worse. We welcome SLFCUs Supervisory Committees help Bill payne ![]() ![]() Mr. Bill Payne (email: bpayne37@comcast.net) VDear Mr. Payne: This letter is in response to your follow-up email dated November 12, 2008, where you state that National Credit Union Administration (NCUA) may not be properly processing your fraud loss claim according to the rules. We handled your complaint against Sandia Laboratory Federal Credit Union according to the Supervisory Committee Guide for Federal Credit Unions, as required. The NCUA is the independent federal agency that charters and supervises federal credit unions. In addition, we provide insurance on deposits in federally insured credit unions in the event of a credit union failure; however, we do not provide the type of insurance you state in your email. You cannot file a fraud loss claim with us. After review of all information provided, we consider your complaint resolved. If you feel there are remaining issues, you will need to seek your own legal counsel. NCUA does not provide legal advice, nor does it represent either the consumers or the credit unions interest in disputes. As of the date of this letter, NCUA considers this matter closed. Sincerely, /SIGNED/ Kelly Lay Director of Supervision 05851-K6 cc: Sam Felix, Chairperson, Supervisory
Committee Arthur Morales had Payne copied which he highted from the NCUA Supervisory Committee Guide. Neither NCUA or the Supervisory Committee appear to be following NCUA rules. ![]() ![]() ![]() ![]() ![]() So we must take the next steps. Or settle, of course. |
| -----Original Message----- From: bill payne [mailto:bpayne37@comcast.net] Sent: Thursday, November 13, 2008 3:17 PM To: region5@ncua.gov Cc: Brown, Don; dft@newmex.com; Paula.Templeton@state.nm.us; James.Flores@state.nm.us; angel.espinoza@state.nm.us; region5@ncua.gov; mayor@cabq.gov; jhamman@cabq.gov; kmccabe@cabq.gov; mcastro@cabq.gov; mcallaway@cabq.gov; dbowdtch@cabq.gov; rshultz@cabq.gov; bill.leonard@nara.gov; foialo@nsa.gov; Eichhorst, Julia E.; the.secretary@hq.doe.gov; alexander.morris@hq.doe.gov; jim.kovakas@usdoj.gov; tanya.kubinec@wpafb.af.mil; board_of_directors@slfcu.org; MaryE.Herrera@state.nm.us; Amorales58@Comcast.Net Subject: We believe this action is not in accord with NCUA RULES AND REGULATIONS § 701.39 PART 701 Ms Lay: Let's all hope for peaceful prompt settlement of these unfortunate matters. Bill payne Thursday November 13, 2008 14:28 http://www.prosefights.org/nmlegal/libel/libel.htm#lay Ms Kelly Lay, Director Dear Ms Lay: Sandia Laboratory Federal Credit Union [SLFCU] lawyer Kevin Hammar writes in his October 21, 2008 letter seen at at http://www.prosefights.org/nmlegal/hearing/hearing.htm#hammarthreat |
| Thursday November 13, 2008 14:28 http://www.prosefights.org/nmlegal/libel/libel.htm#lay Ms Kelly Lay, Director Division of Supervision 1230 West Washington Street, Suite 301 Tempe, AZ 85281 Office (602) 302-6000 Fax (602) 302- 6024 E-mail: region5@ncua.gov Dear Ms Lay: Sandia Laboratory Federal Credit Union [SLFCU] lawyer Kevin Hammar writes in his October 21, 2008 letter seen at at http://www.prosefights.org/nmlegal/hearing/hearing.htm#hammarthreat For these reasons, you are now both notified that the credit union now invokes its right to exclude both of you from any and all of its business premises. Neither of you may enter onto credit union property for any reason. All of your legitimate credit union business hereafter may be conducted only by internet or mail. Should you ignore this notice, the credit union may elect to have you removed as trespassers We believe this action is not in accord with NCUA RULES AND REGULATIONS § 701.39 PART 701 which states Section 4. Continuation of membership. Once a member becomes a member that person may remain a member until the person or organization chooses to withdraw or is expelled in accordance with the Act and Article XIV of these bylaws. A member who is disruptive to credit union operations may be subject to limitations on services and access to credit union facilities. A credit union that wishes to restrict services to members no longer within the field of membership should specify the restrictions in this section. Proper procedure requires
This procedure was not followed before Hammar wrote the above quoted second paragraph in his October 31, 2008. Hammar's February 22, 2008 and October 28, 2008 written on behalf of SLFCU appear to have violated New Mexico criminal laws of 30-11-1. Libel. and 30-3A-2. Harassment; penalties. We ask that our SLFCU services be restored by close of business Friday November 14, 2008. Sincerely, Arthur R Morales 1400 Camino Amparo NW Albuquerque NM 87107 505-410-2339 amorales58@comcast.net William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 505-292-7037 bpayne37@comcast.net distribution dft@newmex.com Paula.Templeton@state.nm.us James.Flores@state.nm.us angel.espinoza@state.nm.us region5@ncua.gov mayor@cabq.gov jhamman@cabq.gov kmccabe@cabq.gov mcastro@cabq.gov mcallaway@cabq.gov dbowdtch@cabq.gov rshultz@cabq.gov bill.leonard@nara.gov foialo@nsa.gov julia.eichhorst@ic.fbi.gov the.secretary@hq.doe.gov alexander.morris@hq.doe.gov jim.kovakas@usdoj.gov tanya.kubinec@wpafb.af.mil board_of_directors@slfcu.org MaryE.Herrera@state.nm.us ![]() |
Thursday November 13, 2008 15:05 Signed copy added. Supervisory Committee Guide for Federal Credit Unions (Guide) How do we handle member complaints? 4.12 You play an essential role in reviewing members complaints. You will want to make certain you handle complaints in an impartial and independent manner to ensure that you treat all members fairly. If a complaint identifies a policy or procedure that needs correction, you will want to follow through to ensure that the board of directors and credit union management implement corrective changes. Types of Complaints. Although the types of member complaints vary greatly, the following are somewhat representative. Concerns with: 1. Lending policies and procedures. 2. Loan rejections. 3. Annual meetings. 4. Share withdrawals. 5. Dividend rates and terms. 6. Credit union services. Regardless of the nature of the complaint, you must conduct a full and complete investigation. Receipt of complaints. A member may complain either directly to you or, as frequently happens, to the National Credit Union Administration (NCUA). NCUA will normally refer the matter to you. It will request that you investigate the complaint and furnish the NCUA regional office with a written report. The regional office then sends the member a final response letter. Investigation of complaints. Regardless of how the complaint is brought to your attention, it is suggested that you follow these general steps when investigating the complaint (not necessarily in the order given.) (a) Read the complaint letter. Briefly outline the areas of complaint and questions asked by the complainant. (b) Determine the appropriate type of investigation. (c) Interview the complainant, if possible. A personal interview with the member is preferable. If you are able to interview the member:· Conduct interviews in private. · Be careful not to express an opinion as to the probable validity of the complaint. · Conduct discussions in a courteous and professional manner. Convey a sincere regard for the members concerns. · Keep an open mind. Some statements made by the member may not be valid, but they do not disprove his/her entire complaint. The member usually knows little of the internal operation of the credit union, or standards of credit worthiness. · If the complaint is routine or simply a disagreement, inform the member that they can resolve it directly with credit union staff. (d) Review the complainants credit union file. (e) Review pertinent written credit union policies and procedures, and determine their compliance with applicable credit union laws and regulations. (f) Review pertinent unwritten procedures (i.e., practices observed by the credit union). (g) Interview appropriate credit union officials and/or employees. (h) Review several loans, if necessary, to determine the actual practices of the credit union and how they relate to the complaint. (i) Determine the validity of the complaint. · Do not rely on the credit unions manager or employees to do the investigation for the committee. You should obtain all information firsthand, where possible. Try to determine what actually happened, rather than obtaining various versions of what happened.· You should not initiate a joint meeting between the complainant and the credit union officials as a means of resolving disputes or expediting the investigation. This is often counter-productive and may intimidate the complainant. You act as a liaison between members and management when disputes arise. · Remember that no one likes to be investigated. Credit union officials and employees will often be defensive and complainants may also be antagonistic. You will need to be very skillful and tactful in obtaining the necessary information without alienating any of the parties involved. j) Work with the officials to develop plans to correct any improper, unfair, or discriminatory practices, if applicable, or make appropriate recommendations. k) Have corrective action implemented or obtain agreements from appropriate credit union officials and/or employees they will make corrections within a specified time. l) When applicable, prepare and submit the written report to NCUAs regional office. Write the report in a clear, concise, and factual manner. NCUA will usually send the report to the complainant as part of the regional offices final response to the individual. m) If the complaint was made directly to the committee (and NCUA is thus not involved ), prepare and submit a written response to the member. vn) You should maintain a file of all complaint resolutions. http://www.prosefights.org/nmlegal/libel/libel.htm |
Thursday November 13, 2008 Let's approach SLFCU and NCUA about the Hammar letters. Tuesday August 5, 2008 Let's pursue libel criminal statement with Chief Shultz too. Wednesday May 28, 2008 17:45 Initial APD statement was submitted and filed. http://www.prosefights.org/nmlegal/slfcu/slfcu.htm#hammar6 |
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| Saturday November 29, 2008 15:37 PRU, HIG, LNC, MET, ... look to be in serious financial trouble. http://www.prosefights.org/nmlegal/libel/libel#meltdown |
| Friday November 28, 4:45 am ET
Meltdown far from over, new mortgage crisis
looms Hotels in Tucson, Ariz., and Hilton Head, S.C., also are about to default on their mortgages. That pace is expected to quicken. The number of late payments and defaults will double, if not triple, by the end of next year, according to analysts from Fitch Ratings Ltd., which evaluates companies' credit. "We're probably in the first inning of the commercial mortgage problem," said Scott Tross, a real estate lawyer with Herrick Feinstein in New Jersey. That's bad news for more than just property owners. When
businesses go dark, employees lose jobs. Towns lose tax revenue. School budgets
and social services feel the pinch. Friday November 28, 2008 19:11 PBGC is a federal corporation created by the Employee Retirement Income Security Act of 1974. It currently protects the pensions of nearly 44 million American workers and retirees in more than 29,000 private single-employer and multiemployer defined benefit pension plans. PBGC receives no funds from general tax revenues. Operations are financed by insurance premiums set by Congress and paid by sponsors of defined benefit plans, investment income, assets from pension plans trusteed by PBGC, and recoveries from the companies formerly responsible for the plans. |
| Sunday December 14, 2008 17:42 A short and deadly history of how we got to where we are update. http://www.prosefights.org/nmlegal/libel/libel#consumerreports |
| [R]etirement
insecurity
The top worry of our poll respondents is the health of Social Security; 88 percent called the issue important or very important. it most likely looms large because of the increasing fragility of other sources of retirement income, Only about half of working Americans are enrolled in a pension or 401(k) plan. Americans have lost as much as $2 trillion in retirement savings over the past year and a half. In our survey, 52 percent of respondents ages 55 to 64 said they lost retirement savings in the market drop. For those in or near retirement, there is little time to recoup their lost nest eggs, making Social Security that much more important. Social Security is safe now, but by 2041 payroll taxes will cover only 78 percent of money paid out to beneficiaries. Congress might decide to raise the eligibility age, which it has done in the past, as well as cut benefits for those not yet retired or raise taxes on high-wage workers. Pensions and retirement accounts are the other main sources of retirement income. Eighty-five percent of our poll respondents said they want those protected from financial institutions going bust. Their concem is valid. Some companies have reduced or suspended their contributions to 401(k) plans, as General Motors did for its salaried workers in October, and some corporate and public pensions look increasingly shaky. According to an October analysis of the largest 500 companies in the U.S. by ratings agency Standard and Poor's, pensions are "on the way to reporting the largest underfunding in history," worse than the $219 billion in underfunding reported during the last bear market, in 2002. A separate analysis of the same 500 companies by Goldman Sachs in October showed that 18 employers, including General Motors, U.S. Steel, and Boeing, have pension obligations that exceed the value of the companies. ExxonMobil, Johnson & Johnson, and two others were underfunded by at least $1 billion. Some pensions were taking undue risk with their money, with 11 of the largest U.S. companies investing 80 percent or more of their pension plans in stocks, the Goldman Sachs report notes. When corporate pensions can't meet their obligations, they're tumed over to a federal entity, the Pension Benefit Guaranty Corp., which insures the pensions of 44 million Americans. The PBGC announced it had lost more than $4 billion dollars on investments in fiscal 2008 through September. In recent years, the corporation has owed more money than it has available. At the end of fiscal year 2007 it had $68 billion in assets but $83 billion in liabilities. To make up the difference, in February it moved away from its old system of keeping money in Treasury securities and other safe investments and toward buying more stocks, bonds from emerging nations, low-rated bonds, and real estate, and investing money with private equity firms. Public pensions aren't doing much better. The nation's largest public pension, the California Public Employees' Retirement System, has lost $63 billion, or 25 percent of its assets, since the beginning of 2008. If it can't recover that money, it could mean higher taxes for Californians. The loss of retirement savings is forcing many retirees to scale back. They include Dan and Marion Gerbase of Venice, Fla. He worked in the food industry for 50 years, and the couple built an investment portfolio that they believed would be sufficient to fund a comfortable retirement. They have no company pension or medical plan, and they rely on Social Security and their investments for income. In the past year their portfolio has plummeted by 29 percent and their condo's value has fallen 30 percent. They are in their mid-70s and have Medicare coverage but still pay $3,800 a year for a secondary hospital and medical plan, plus $600 a year for drugs. To compensate, the Gerbases say, they've cut back on dining out and they buy cheaper groceries. Like 46 percent of those polled, they've canceled vacations, including postponing a cruise and calling off their annual trip to visit friends and family members. Because so much of their wealth was tied up in stock investments, the Gerbases, like 78 percent of our poll respondents, want to see increased regulation of financial institutions. "We need to not only make sure that Wall Street doesn't invest in bad things but also that they don't walk off with big pay packages on their way out," Dan Gerbase says.
Consumer Reports January 2009 |
| Wednesday December 3, 20008
11:10 Sandia National Laboratories retrirees are purchased an annuity from Prudential. They get their monthly retirement checks from Prudential. Prudential may go bankrupt along with other insurance companies if information presented by Cramer, Ted Geoca, Ron Short and others is correct. Let's try to find out if Prudential retirees are covered by the PBGC. Let's ask Cargill Hall. ![]() 9) True or false: Annuities are covered by the Federal Deposit Insurance Corp. http://www.prosefights.org/nmlegal/libel/libel#pruletter |
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| Monday January 12, 2008 12:52 http://www.prosefights.org/nmlegal/libel/libel#cramer |
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We are learning from R Cargill Hall that the Pruduential matter [Cramer cnbc November 13, 2008] may be very serious.
Annuities payment problems possible for Sandia Laboratories retirees Cramer/Goldman-Sachs reported on Thursday November 13, 2008. Cramer makes room in the Sell Block today for a whole gang of misfits, based on analysis that Goldman Sachs released on Tuesday. Today's Sell Block detainees: life insurance companies like Lincoln [HIG 12.65 2.19 (+20.94%) ], Hartford [ Loading... () ], Prudential [PRU 25.24 0.10 (+0.4%) ] and Principal [PFG 16.83 -1.93 (-10.29%) ]. To put it simply, they're in "big trouble," according to Goldman's piece. Other reports. Life insurance companies, hobbled by real estate investments and committed to paying some costly retirement contracts, face more cuts in their credit ratings before the year is up and have little choice but to seek capital in unforgiving markets. ... |
| From:"bill payne" bpayne37@comcast.net
Ted Did you hear cramer http://www.cnbc.com/id/15840232?play=1&video=927745864&__source=yahoo%7Cheadline%7Cquote%7Cvideo%7C&par=yahoo before or after you wrote. Insurance Companies Regards http://www.prosefights.org/nmlegal/shorthistory/shorthistory.htm#shorthistory |
| Sunday November 30, 2008 09:15 We speculate that only a small percentage holders of Auction-rate securities will get their money back. Reason is that the brokerages paid-off the highly visible holders. Visibility is essential for successful settlement ... and litigation too. Visibility was the reason for CIV 97-266 MCA/LFG. Governor, and maybe Commerce Secretary, Bill Richardson is going to become even more visible. We haven't heard from Richardson about the Notary Public misconduct yet. |
| Auction-rate securities, you may recall, are preferred shares
or debt instruments with rates that reset regularly, usually every week, in
auctions overseen by the brokerage firms that originally sold them. They have
long-term maturities or, in the case of the preferred shares, no maturity dates
at all. The securities are issued by municipalities, student-loan companies,
closed-end funds and tax-exempt institutions like hospitals and museums.
Brokers that peddled these securities told buyers that they were cash equivalents, easy to get out of and relatively safe. But the promises of liquidity turned false last February when buyers for the securities disappeared and the auctions began failing. The $300 billion market for auction-rates ground to a halt, entrapping thousands of investors both large and small, sophisticated and novice. Why did securities regulators agree to settlement terms with UBS and other firms that wound up shutting some investors out? William F. Galvin, the secretary of the Commonwealth of Massachusetts and the regulator who secured the deal with UBS, said that the Oct. 1, 2007, redemption starting point was based on the date that officials concluded UBS knew the auctions were beginning to fail. If we could have proved that they knew two years
beforehand, we would have attached liability to that period, Mr. Galvin
said. Our goal was to get people out, and out as promptly as
possible. |