NCUA
loss claim

First posted
Tuesday October 28, 2008 15:48
Updated
Wednesday July 1, 2009 10:03

Stopped hursday December 18, 2008 13:41: Resume July 1, 2009



Wednesday July 1, 2009 10:03

Dr Stuart Guttman and Payne discussed below on the phone on Wednesday July 1, 2009.

http://www.prosefights.org/nmlegal/ncualoss/ncualoss.htm#lang




Albuquerque Journal Wednesday July 1, 2009


Judicial Vacancies The Constitution of New Mexico mandates conduction of Judicial selection by the Judicial Nominating Commission, a board comprised of New Mexico Judges, attorneys and citizens, chaired by the Dean of the UNM School of Law.

The Commission solicits applications, interviews and recommends candidates to the Governor of New Mexico for each judicial vacancy.

Current Vacancies
Posted June 30, 2009

2ND JUDICIAL DISTRICT - ANNOUNCEMENT OF VACANCY A vacancy on the 2nd Judicial District Court will exist in Albuquerque as of August 1, 2009, upon the retirement of the Honorable William F. Lang.

Dean Kevin Washburn, Chair of the Judicial Nominating Commission, solicits applications for this position from lawyers who meet the statutory qualifications in Article VI, Section 14 of the New Mexico Statutes Annotated 1978. The deadline for applications has been set for Friday, July 31, 2009, at 5:00 p.m. Applications received after that date will not be not considered.

The District Judicial Nominating Commission will meet beginning at 9:00 am on Thursday, August 27, 2009, at the County Courthouse, 400 Lomas NW, Albuquerque, NM, to evaluate the applicants for this position. The Commission meeting is open to the public.
http://lawschool.unm.edu/judsel/



Wednesday November 12, 2008 11:36
-----Original Message-----
From: bill payne [mailto:bpayne37@comcast.net]
Sent: Wednesday, November 12, 2008 11:27 AM
To: region5@ncua.gov
Cc: Amorales58@Comcast.Net; MaryE.Herrera@state.nm.us; board_of_directors@slfcu.org; tanya.kubinec@wpafb.af.mil; jim.kovakas@usdoj.gov; alexander.morris@hq.doe.gov; the.secretary@hq.doe.gov; Eichhorst, Julia E.; foialo@nsa.gov; bill.leonard@nara.gov; rshultz@cabq.gov; dbowdtch@cabq.gov; mcallaway@cabq.gov; mcastro@cabq.gov; kmccabe@cabq.gov; jhamman@cabq.gov; mayor@cabq.gov; region5@ncua.gov; angel.espinoza@state.nm.us; James.Flores@state.nm.us; Paula.Templeton@state.nm.us; dft@newmex.com
Subject: we are concerned that NCUA may not be properly processing our fraud loss claims in accordance to its rules

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.

Let's all hope for peaceful settlement of these unfortunate matters before they get worse.

We welcome SLFCU's Supervisory Committee's help

Bill payne


Signed copy of email posted Wednesday November 12, 2008 10:51

Morales quotes were from the Supervisory Committee Guide for Federal Credit Unions (Guide), Morales reported by phone on Wednesday November 12, 2008..
2.04 You may suspend, by unanimous vote, any board member, executive officer, or credit committee member. (See below). Suspension is a serious measure and must be thoroughly considered before action is taken.

· If you suspend someone, you will call a special meeting of the members to act on the suspension. · The special meeting must be held within seven to fourteen days after the suspension.

· The person being suspended must be given an opportunity to present a defense and be given due process.

We're going to make every effort to get our money back, then send Jillson, Hammar, Zavitz, Armijo, and Garcia to prison for felony theft of $22,036.00. And get notaries Strong and Martinez notatary licences removed too.

Payne searched for "supervisory committee" for what Morales read on phone.
§ 715.3 General responsibilities of the Supervisory Committee.
(a) Basic. The supervisory committee is responsible for ensuring that the board of directors and management of the credit union -
(1) Meet required financial reporting objectives and
(2) Establish practices and procedures sufficient to safeguard members’ assets. ...

(4) Policies and control procedures are sufficient to safeguard against error, conflict of interest, self-dealing and fraud.


Part 701
Article IX. Supervisory Committee

Section 5. Powers of supervisory committee – removal of directors and credit committee members. By unanimous vote, the supervisory committee may suspend until the next meeting of the members any director, board officer, or member of the credit committee. In the event of any suspension, the supervisory committee must call a special meeting of the members to act on the suspension, which meeting must be held not fewer than 7 nor more than 14 days after the suspension. The chair of the committee acts as chair of the meeting unless the members select another person to act as chair.

Section 6. Powers of supervisory committee -- special meetings. By the affirmative vote of a majority of its members, the supervisory committee may call a special meeting of the members to consider any violation of the provisions of the Act, the regulations, or of the charter or the bylaws of this credit union, or to consider any practice of this credit union which the committee deems to be unsafe or unauthorized. ...

Section 3. Removal of directors and committee members. Notwithstanding any other provisions in these bylaws, any director or committee member of this credit union may be removed from office by the affirmative vote of a majority of the members present at a special meeting called for the purpose, but only after an opportunity has been given to be heard. If member votes at a special meeting result in the removal of all directors, the supervisory committee immediately becomes the temporary board of directors and must follow the procedures in Article IX, Section 3.




Looks like we've provided all necessary materials to get our money back.

§ 793.2 Administrative claim; when presented; place of filing.


§ 793.4 Administrative claim; evidence and information to be submitted.

may 2008 793-2 (c) Property damage. In support of a claim for damages to or loss of property, real or personal, the claimant may be required to submit the following information or evidence:
(1) Proof of ownership.
(2) A detailed statement of the amount claimed with respect to each item of property.
(3) An itemized receipt of payment for necessary repairs or itemized written estimates of the cost of such repairs.
(4) A statement listing date of purchase, purchase price, market value of the property as of date of damage, and salvage value, where repair is not economical.
(5) Any other evidence or information which may have a bearing on the responsibility of the United States for the injury to or loss of property or the damages claimed.
(d) Time limit. All evidence required to be submitted by this Section shall be furnished by the claimant within a reasonable time. Failure of a claimant to furnish evidence necessary for a determination of his claim within 3 months after a request therefor has been mailed to his last known address may be deemed an abandonment of the claim. The claim may be thereupon disallowed.

§ 793.5 Investigation, examination, and determination of claims. When a claim is received, the constituent agency out of whose activities the claim arose shall make such investigation as may be necessary or appropriate for a determination of the validity of the claim and thereafter shall forward the claim, together with all pertinent material, and a recommendation based on the merits of the case, with regard to the allowance or disallowance of the claim, to the Office of General Counsel, National Credit Union Administration to whom authority has been delegated to adjust, determine, compromise and settle all claims hereunder.


§ 793.7 Payment of approved claims. (a) Upon allowance of his claim, claimant or his duly authorized agent shall sign the voucher for payment, Standard Form 1145, before payment is made. (b) When the claimant is represented by an attorney, the voucher for payment (S.F. 1145) shall designate both the claimant and his attorney as ‘‘payees.’’ The check shall be delivered to the attorney whose address shall appear on the voucher.
We're pro se, of course, so the checks should go to us. :-)

We suspect that NCUA employees may be a bit in shock about the potential seriousness of these matters.

A short and deadly history of how we got to where we are.

Morales phoned at13:20. We will sign and post the final as we did with the question letter to New Mexico Secretary of State Mary Herrera.

Let's see what New Mexico governor bill richardson and New Mexico attorney general gary king do.


Wednesday November 12, 2008 10:49

http://www.prosefights.org/nmlegal/ncualoss/ncualoss#lay

Ms Kelly Lay, Director
Division of Supervision
1230 West Washington Street, Suite 301
Tempe, A2 85281
Office (602) 302-6000
Fax (602) 302- 6024
E-mail: region5@ncua.gov


Dear Ms Lay:


Thank you very much for the copy of your October 31, 2008 letter seen at http://www.prosefights.org/nmlegal/hearing/hearing.htm#ncua.

While you correctly state
Enclosed is a letter of complaint from William H. Payne concerning issues related to the filing of two fraud loss claim affidavits.

we are concerned that NCUA may not be properly processing our fraud loss claims in accordance to its rules set forth in Your Insured Funds

Our two fraud loss claims are prima facie in the sense that evidence of felony criminal fraud is again supported by Sandia Laboratory Federal Union [SLFCU] lawyer Kevin Hammer's October 31, 2008 threatening letter seen at http://www.prosefights.org/nmlegal/hearing/hearing.htm#hammarthreat .

Hammar includes in that letter the exhibit showing that the court order does not carry the FILED stamp of the court and is therefore a bogus court order.





Page 9 in Your Insured Funds states

Rather the NCUA sending Mr Morales and I each a check $11,018.00 for an insurance claim, you appear to be handling our fraud loss claim as a complaint against SLFCU.

We conclude this from your statements to Mr Felix:

Please:
o Review Mr. Payne's complaint in accordance with the instructions and suggestions set forth in the enclosed copy of Section 4.12 of the Supervisory Committee Guide for Federal Credit Unions (Guide).
o Reply directly to Mr. Payne (this is a change from section 4.12(1) of the Guide).
o Send us a copy of your reply within the next 25 business days along with the
documentation supporting your review and conclusion.

We feel that it is unreasonable for us to wait up to 25 business day for a response from Mr Felix for the reason the evidence fraud is prima facie seen in the above enclosure to lawyer Hammar's October 31, 2008 letter.

Copy of your October 31, 2008 letter appears to us as an attempt to have the SLFCU Supervisory Committee pressure SLFCU management into returning our stolen $22,036.00.

We ask that NCUA send us fraud loss claim insurance checks of $11,018.00 each by close of business Friday November 14, 2008 in compliance with National Credit Union Administration Regulations § 793.1-8.

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





Tuesday November 11, 2008 10:34

New Mexico Secretary of State Herrera also sent Morales below letter.

Note that copy went to New Mexico attorney general Gary King.

We're going to make every effort to get our money back, then send Jillson, Hammar, Zavitz, Armijo, and Garcia to prison for felony theft of $22,036.00. And get notaries Strong and Martinez notatary licences removed too.


Response to our email request for information
madeThursday November 6, 2008 13:56

http://www.prosefights.org/nmlegal/hearing/hearing.htm#herrera


arrived in Saturday November 8, 2008 mail.

http://www.prosefights.org/nmlegal/ncualoss/ncualoss#herrera



Friday November 7, 2008 12:16

National Credit Union Association letter to Sandia Laboratory Federal Credit Union

http://www.prosefights.org/nmlegal/hearing/hearing.htm#ncua

A short and deadly history of how we got to where we are.

http://www.prosefights.org/nmlegal/nculloss/ncualoss.htm#paynencua


 


1 Sandia Laboratory Federal Credit Union [SLFCU] CEO Christopher Jillson fraudulently removed $11, 018.00 from the saving account of William H. and Patricia L. Payne on July 22, 2008.

See Yellow star.



2 Jillson and SLFCU lawyer Kevin Hammar falsely claim that withdrawal was legally made as directed by valid court order.

Valid court transaction must carry seal of clerk of court as evidenced by



3 Here is the rule
Rule 79. Books and Records Kept by the Clerk and Entries Therein

(a) Civil Docket. The clerk shall keep a book known as “civil docket” of such form and style as may be prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States, and shall enter therein each civil action to which these rules are made applicable. Actions shall be assigned consecutive file numbers. The file number of each action shall be noted on the folio of the docket whereon the first entry of the action is made. All papers filed with the clerk, all process issued and returns made thereon, all appearances, orders, verdicts, and judgments shall be entered chronologically in the civil docket on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. When in an action trial by jury has been properly demanded or ordered the clerk shall enter the word “jury” on the folio assigned to that action.

4 Official PACER docket of court order, seen below, does not carry seal of clerk of court and thus is a BOGUS court order which was used to steal $11,018.00 from saving account.










See Public Access to Court Electronic Records [PACER] pdf of official docket entry 151.

Above BOGUS ORDER is worthless pieces of paper with no legal standing but used to defraud William H. and Patricia L. Payne of $11,018.00 from their SLFCU savings account.

END OF AFFIDAVIT

Tuesday October 28, 2008 16:28


http://www.prosefights.org/nmlegal/nculloss/ncualoss.htm#moralesncua


 



1 Sandia Laboratory Federal Credit Union [SLFCU] CEO Christopher Jillson fraudulently removed $11, 018.00 from the saving account of Arthur R and Rebecca Ann Morales on July 22, 2008.

See green star.



2 Jillson and SLFCU lawyer Kevin Hammar falsely claim that withdrawal was legally made as directed by valid court order.

Valid court transaction must carry seal of clerk of court as evidenced by



3 Here is the rule
Rule 79. Books and Records Kept by the Clerk and Entries Therein

(a) Civil Docket. The clerk shall keep a book known as “civil docket” of such form and style as may be prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States, and shall enter therein each civil action to which these rules are made applicable. Actions shall be assigned consecutive file numbers. The file number of each action shall be noted on the folio of the docket whereon the first entry of the action is made. All papers filed with the clerk, all process issued and returns made thereon, all appearances, orders, verdicts, and judgments shall be entered chronologically in the civil docket on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. When in an action trial by jury has been properly demanded or ordered the clerk shall enter the word “jury” on the folio assigned to that action.

4 Official PACER docket of court order, seen below, does not carry seal of clerk of court and thus is a BOGUS court order which was used to steal $11,018.00 from saving account.










See Public Access to Court Electronic Records [PACER] pdf of official docket entry 151.

Above BOGUS ORDER is worthless pieces of paper with no legal standing but used to defraud Arthur R and Rebecca Ann Morales of $11,018.00 from their SLFCU savings account.

END OF AFFIDAVIT