NCUA appeal from
fraudulent initial determination

First posted
Thursday November 20, 2008 10:18
Updated
Friday January 30, 2008 10:47


Friday January 30, 2009 10:45
National Credit Union Administration Regulations § 793.1-8

Supervisory Committee Guide for Federal Credit Unions (Guide)

Insurance Failure to Pay Law & Legal Definition.



Friday January 30, 2009 10:40

Certified return receipt requested and email.

http://www.prosefights.org/nmlegal/unsigned/unsigned.htm#director

Ms Melinda Love
Regional Director, Region 5
National Credit Union Administration
1230 West Washington Street, Suite 301
Tempe, AZ 85281
Office (602) 302-6000
Fax (602) 302- 6024
E-mail: region5@ncua.gov

Dear Ms Love:

We complain that Ms Kelly Lay has improperly processed our NCUA fraud loss claims for $22,0036.00 resulting in no proper determination of our initial claims.


Ms Lay has not followed the NCUA REGs by not giving us the written report of the evidence (verble,written,recorded or any other means) as required by NCUA to establish, support and justification her decision and conclusion. The follwing evidence of bogus court documents should be enough to pay us for our claims. However there is much more damaging evidence on record that will lead you to this point.

We respond to Ms Lay's responses in a separate document seen at XXXXXXXX.

Prima Facie evidence of our fraud loss is contained in two documents.

Here is an authentic court filing in CIV 97-266 MCA/LFG. It bears the FILED stamp of the court clerk.




Our claims to Ms Lay of fraudulent removal of $22,036.00 from our retirement-protected Sandia Laboratory Federal Credit Union [SLFCU] saving account with below bogus court order which are presented in our fraud loss claims affidavits.







Ms Jean Dixon who apparently works Ms Lay said that the above prima facie evidence is unsufficient to prove fraud loss. Again with no report to justify this statement.

Ms Dixon of NCUA Region 5 said that our appeal will not be properly handled by you.

Ms Dixon said that you would merely return it to Ms Lay. We feel that this would be improper.

You can listen to Ms Dixon telling us this http://www.prosefights.org/nmlegal/unsigned/melindalove.mp3.

If NCUA does not send us fraud loss claim checks for #11,018.00 each, then we ask that you regard this letter as appeal under NCUA Regulations § 745.201 a refusal of your subordinate, Ms Kelly Lay, to pay a fraud loss insurance claim.

We would appreciate you looking into this matter and and doing what is right by resolving these issues. We wait with anticipation for your reply, thank you.

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








may 2008 745-16

§ 745.201 Processing of Insurance Claims.

(a) Delegations of authority. The Agent for the Liquidating Agent (‘‘Liquidating Agent’’) or his or her designee is authorized to make initial determinations with respect to insurance claims pursuant to the principles set forth in this Part, and to act on requests for reconsideration of the initial determination.

(b) Initial determination. In the event the Liquidating Agent determines that all or a portion of an accountholder’s account is uninsured, the Liquidating Agent shall so notify the accountholder in writing, stating the reason(s) for such initial determination, and shall provide the accountholder with a certificate of claim in liquidation in the amount of the uninsured account from the Board in its capacity as Liquidating Agent for the insured credit union to enable the accountholder to share in the proceeds of the liquidation of the credit union, if any, up to the amount of the uninsured account.

(c) Request for Reconsideration. An accountholder may, at his or her option, request reconsideration from the Liquidating Agent of the initial determination within 30 days of the date of the initial determination, or directly appeal the initial determination to the Board pursuant to § 745.202 of this subpart. The Liquidating Agent shall act on the request for reconsideration within 30 days from its receipt.

§ 745.202 Appeal.

(a) Time for filing. Within 60 days after issuance of an initial determination, or of the determination on a request for reconsideration by the liquidating agent, the accountholder may appeal by filing with the Board a written request for appeal. The appeal may be filed with the Secretary of the Board, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314–3428.

(b) Content of request. Any appeal must include:

(1) a statement of the facts on which the claim for insurance is based;

(2) a statement of the basis for the initial determination or determination on the request for reconsideration to which the accountholder objects and the alleged error in such determination, including citations to applicable statutes and regulations;

(3) any other evidence relied upon by the accountholder which was not previously provided to the Liquidating Agent.

(c) Procedures for review of request.

(1) Within 60 days of the date of the Board’s receipt of an appeal, the Board may request in writing that the accountholder submit additional facts and records in support of its request. The account-holder shall have 45 days from the date of issuance of such written request to provide such additional information. Failure by the accountholder to provide additional information may, as determined solely by the Board, result in denial of the account-holder’s appeal.

(2) Within 60 days from the date of the Board’s receipt of an appeal, the accountholder may amend or supplement the request in writing. In the event that the accountholder does amend or supplement the request, the provisions of paragraph (c)(1) of this section with respect to requests for additional information and responses to such requests shall apply with equal force to any such amendment or supplement to a request.

(d) Determination on appeal.

(1) Within 180 days from the date of the receipt of an appeal by the Board, the Board shall issue a decision determining the extent of the accountholder’s insurance pursuant to the rules of this Part.

(2) The determination by the Board on appeal shall be provided to the accountholder in writing, stating the reason(s) for the determination, and shall constitute a final Agency order regarding the accountholder’s claim for insurance.

(3) If the Board determines that the account-holder is entitled to the amount of insurance claimed or portion thereof, upon payment of such insurance the accountholder shall promptly surrender to the Board the certificate of claim in liquidation provided in connection with the initial determination. In the event that the Board determines that the accountholder is only entitled to a portion of the amount of insurance claimed, upon the accountholder’s surrender of such certificate a new certificate of claim in liquidation will be provided which reflects the revised amount of the uninsured account.

PART 745 SHARE INSURANCE AND APPENDIX § 745.203

(4) Failure by the Board to issue a determination on appeal of the accountholder’s claim for insurance within the 180-day period provided for under this paragraph

(d)(1) shall be deemed to be a denial of such claim for purposes of Section 745.203 of this subpart.

§ 745.203 Judicial Review.

(a) For purposes of seeking judicial review of actions taken pursuant to this subpart, only a determination on appeal issued by the Board pursuant to Section 745.202 of this subpart shall constitute a final determination regarding an accountholder’s claim for insurance.

(b) Failure to file an appeal with regard to an initial determination, or a decision rendered on a request for reconsideration within the applicable time periods shall constitute a failure by the accountholder to exhaust available administrative remedies and, due to such failure, any objections to the initial determination or request for reconsideration shall be deemed to be waived and such determination shall be deemed to have been accepted by, and binding upon, the accountholder.

(c) Final determination by the Board is reviewable in accordance with the provisions of Chapter 7, Title 5, United States Code, by the United States Court of Appeals for the District of Columbia or the court of appeals for the Federal judicial circuit where the credit union’s principal place of business is located. Such action must be filed not later than 60 days after such final determination is ordered.


793-1 may 2008 Part 793

Tort Claims Against the Government

§ 793.1 Scope of regulations.

The regulations in this Part shall apply only to claims asserted under the Federal Tort Claims Act, as amended, 28 U.S.C. Sections 2671–2680, accruing on or after January 18, 1967, for money damages against the United States for damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the National Credit Union Administration while acting within the scope of his office of employment.

Subpart B—Procedures

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

(a) For purposes of the regulations in this Part, a claim shall be deemed to have been presented when the National Credit Union Administration receives, at a place designated in paragraph (c) of this Section, an executed Standard Form 95 or other written notification of an incident accompanied by a claim for money damages in a sum certain for damage to or loss of property, for personal injury, or for death, alleged to have occurred by reason of the incident. A claim which should have been presented to the National Credit Union Administration but which was mistakenly addressed to or filed with another Federal agency, shall be deemed to be presented to the National Credit Union Administration as of the date that the claim is received by the National Credit Union Administration. A claim mistakenly addressed to or filed with the National Credit Union Administration shall forthwith be transferred to the appropriate Federal agency, if ascertainable, or returned to the claimant.

(b) A claim presented in compliance with paragraph

(a) of this Section may be amended by the claimant at any time prior to final action by the Office of General Counsel, National Credit Union Administration or prior to the exercise of the claimant’s option to bring suit under 28 U.S.C. 2675(a). Amendments shall be submitted in writing and signed by the claimant or his duly authorized agent or legal representative. Upon the timely filing of an amendment to a pending claim, the National Credit Union Administration shall have 6 months in which to make a final disposition of the claim as amended and the claimant’s option under 28 U.S.C. 2675(a) shall not accrue until 6 months after the filing of an amendment.

(c) Forms may be obtained and claims may be filed with the regional office of the National Credit Union Administration having jurisdiction over the employee involved in the accident or incident, or with the Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314–3428.

§ 793.3 Administrative claim; who may file.

(a) A claim for injury to or loss of property may be presented by the owner of the property interest which is the subject matter of the claim, his duly authorized agent, or his legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent’s estate or by any other person legally entitled to assert such a claim under applicable state law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the insurer or the insured individually, as their respective interests appear, or jointly. Whenever an insurer presents a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

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

PART 793 NCUA RULES AND REGULATIONS § 793.5 may 2008 793-2

(a) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1) An authenticated death certificate or other competent evidence showing the cause of death, date of death, and age of the decedent.

(2) Decedent’s employment or occupation at the time of death, including his monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation.

(3) Full names, addresses, birthdates, kinship, and marital status of the decedent’s survivors, including those survivors who were dependent for support upon the decedent at the time of his death.

(4) Degree of support afforded by the decedent to each survivor dependent upon him for support at the time of his death.

(5) Decedent’s general physical and mental condition before death.

(6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payments for such expenses.

(7) If damages for pain and suffering before death are claimed, a physician’s detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain and the decedent’s physical condition in the interval between injury and death.

(8) Any other evidence or information which may have a bearing on the responsibility of the United States for the death or the damages claimed.

(b) Personal injury. In support of a claim based on personal injury, the claimant may be required to submit the following evidence or information:

(1) A written report by his attending physician or dentist setting forth the nature and extent of the injury, nature and extent of the treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical and/or mental examination by a physician employed or designated by the National Credit Union Administration. A copy or report of the examining physician shall be made available to the claimant upon the claimant’s written request provided that claimant has, upon request, furnished the report referred to in the first sentence of this subparagraph and has made or agrees to make available to the National Credit Union Administration any other physician’s reports previously or thereafter made of the physical or mental condition which is the subject of his claim.

(2) Itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses.

(3) If the prognosis reveals the necessity for future treatment, a statement of expected duration of and expenses for such treatment.

(4) If a claim is made for loss of time from employment, a written statement from his employer showing actual time lost from his employment, whether he is a full or part time employee, and wages or salary actually lost.

(5) If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost.

(6) Any other evidence or information which may have a bearing on the responsibility of the United States for the personal injury or the damages claimed.

(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.

§ 793.6 Final denial of claim.

(a) Final denial of an administrative claim shall be in writing and sent to the claimant, his attorney, or legal PART 793 TORT CLAIMS AGAINST THE GOVERNMENT § 793.7 representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the action of the National Credit Union Administration, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing the notification.

(b) Prior to the commencement of suit and prior to the expiration of the 6-month period after the date of mailing, by certified or registered mail of notice of final denial of the claim as provided in 28 U.S.C. 2401(b), a claimant, his duly authorized agent, or legal representative, may file a written request with the National Credit Union Administration for reconsideration of a final denial of a claim under paragraph (a) of this Section. Upon the timely filing of a request for reconsideration the National Credit Union Administration shall have 6 months from the date of filing in which to make a final disposition of the claim and the claimant’s option under 28 U.S.C. 2675(a) to bring suit shall not accrue until 6 months after the filing of a request for reconsideration. Final National Credit Union Administration action on a request for reconsideration shall be effected in accordance with the provisions of paragraph (a) of this Section.

§ 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.

§ 793.8 Release.

Acceptance by the claimant, his agent or legal representative, of any award, compromise or settlement made hereunder, shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.

§ 793.9 Penalties. A person who files a false claim or makes a false or fraudulent statement in a claim against the United States may be liable to a fine of not more than $10,000 or to imprisonment of not more than 5 years, or both (18 U.S.C. 287–1001), and, in addition, to a forfeiture of $2,000 and a penalty of double the loss or damage sustained by the United States (31 U.S.C. 231).

§ 793.10 Limitation on National Credit Union Administration’s authority.

(a) An award, compromise or settlement of a claim hereunder in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. For purposes of this paragraph, a principal claim and any derivative or subrogated claim shall be treated as a single claim.

(b) An administrative claim may be adjusted, determined, compromised or settled hereunder only after consultation with the Department of Justice when, in the opinion of the National Credit Union Administration:

(1) A new precedent or a new point of law is involved; or

(2) A question of policy is or may be involved; or

(3) The United States is or may be entitled to indemnity or contribution from a third party and the National Credit Union Administration is unable to adjust the third party claim; or

(4) The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $25,000.

(c) An administrative claim may be adjusted, determined, compromised or settled only after consultation with the Department of Justice when it is learned that the United States or any employee, agent or cost-plus contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction.

Thursday December 18, 2008 13:44

Tuesday November 25, 2008 email seen on email server [as opposed to email client]

Need more evidence of fraud?

Merely look at NOT-file-stamped bogus court document included with lawyer Hammar's October 31, 2008 letter!

"Ignore the evidence" strategy is what NCUA Region 5 is attempting.

Here's an example of a FILE stamped motion in CIV 97-266 MCA/LFG.

No word yet from NCUA OIG who is supposed to respond within one working day.

We haven't heard from the Ombudsman either.




Monday November 24, 2008 06:45

Matters get lots worse.

Sent confirmation 06:38.




Friday November 21, 2008 15:53

§ 793 describes procedure to take against NCUA in event we don't get our money back after submitting two prima facie loss affidavits.

We have phoned appropriate NCUA offices to lodge complaints.
You may call the OIG Hotline at 703 518-6357 from 8:00 a.m. to 5:30 p.m. EDT to speak with an OIG investigator . After hours, you may leave a message and your call will be returned the next business day.

We discovered by voice communication that Melinda Love is the Director of Region 5 and she is going to return any appeal to Kelly Lay! Let's see about this.

Do everything by the rules. NCUA Regulations.

We believe that NCUA unsigned, fraudulent, intitial determination warrant an appeal at NCUA region 5 headquarters.


http://www.prosefights.org/nmlegal/unsigned/unsigned.htm


Tuesday January 6, 2009 05:41


Morales's January 5, 2009 editing with deletions may have problems.


So lets keep a record of the deletions in case we may have to restore them.

Saturday December 20, 2008 11:00

National Credit Union Administration Regulations § 793.1-8

Supervisory Committee Guide for Federal Credit Unions (Guide)

Insurance Failure to Pay Law & Legal Definition.



Saturday December 20, 2008 11:41

Certified return receipt requested and email.

http://www.prosefights.org/nmlegal/unsigned/unsigned.htm#director

Ms Melinda Love
Regional Director, Region 5
National Credit Union Administration
1230 West Washington Street, Suite 301
Tempe, AZ 85281
Office (602) 302-6000
Fax (602) 302- 6024
E-mail: region5@ncua.gov

Dear Ms Love:

We appeal under NCUA Regulations § 745.201 a refusal of your subordinate, Ms Kelly Lay, to pay a fraud loss insurance claim.

Prima Facie evidence of our fraud loss is contained in two documents.

Here is an authentic court filing in CIV 97-266 MCA/LFG. It bears the FILED stamp of the court clerk.




Our claims to Ms Lay of fraudulent removal of $22,036.00 from our retirement-protected Sandia Laboratory Federal Credit Union [SLFCU] saving account with below bogus court order which are presented in our fraud loss claims affidavits.







Ms Jean Dixon who apparently works Ms Lay said that the above prima facie evidence is unsufficient to prove fraud loss.

Ms Dixon of NCUA Region 5 said that our appeal will not be properly handled by you.

Ms Dixon said that you would merely return it to Ms Lay. We feel that this would be improper.

You can listen to Ms Dixon telling us this http://www.prosefights.org/nmlegal/unsigned/melindalove.mp3.

We believe in view of the mp3 audio evidence, you should terminate Ms Lay's and Ms Jean Dixon's employment.

Our two fraud loss claim affidavits seen at http://www.prosefights.org/nmlegal/ncuaaffidavits/ncuaaffidavits.htm#moralesncua and http://www.prosefights.org//nmlegal/ncuaaffidavits/ncuaaffidavits.htm#paynencua
shows that the money was stolen by SLFUC CEO Christopher Jillson July 22, 2007.

In an apparent attempt to ligitimize the theft, New Mexico federal judge Martha Vazquez issues clerk at Santa Fe FILED stamped order on December 11, 2008 in which she states,




and concludes



Vazquez then harasses Payne with "Contempt may be punished by censure, imposition of fine, monetary sanctions, incarceration or other relief which the Court deems appropriate." if we file to void order.

Nowhere in judge Vazquez' December 11, 2008 order is explicit order written to take $11,018.00 from each of our SLFCU retirement-protected savings accounts. Therefore, no official court order exists anywhere to justify taking $11,018.00 from each of our SLFCU retirement-protected savings accounts.

We ask that you advise us of our next step for recovery of our $22,036.00 stolen from our retirement-protected SLFCU savings account by SLFUC CEO Christopher Jillson if you deny this appeal.
MORALES HAS FINISHED WORKING ON SECTION ON HOW KELLY LAY DID NOT FOLLOW GUIDLINES AND NCUA REGULATIONS.




We ask to have our fraud loss claim checks for $11,018.00 each by close of business Friday January 9, 2009.

If you deny our request, then we ask that you provide written justifications sent to us through the United States Postal Service.

We ask that you advise us of our next step for recovery of our $22,036.00 stolen from our retirement-protected SLFCU savings account by SLFUC CEO Christopher Jillson if you deny this appeall.


MORALES IS WORKING ON SECTION ON HOW KELLY LAY DID NOT FOLLOW GUIDLES AND NCUA RETULATIONS.


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








may 2008 745-16

§ 745.201 Processing of Insurance Claims.

(a) Delegations of authority. The Agent for the Liquidating Agent (‘‘Liquidating Agent’’) or his or her designee is authorized to make initial determinations with respect to insurance claims pursuant to the principles set forth in this Part, and to act on requests for reconsideration of the initial determination.

(b) Initial determination. In the event the Liquidating Agent determines that all or a portion of an accountholder’s account is uninsured, the Liquidating Agent shall so notify the accountholder in writing, stating the reason(s) for such initial determination, and shall provide the accountholder with a certificate of claim in liquidation in the amount of the uninsured account from the Board in its capacity as Liquidating Agent for the insured credit union to enable the accountholder to share in the proceeds of the liquidation of the credit union, if any, up to the amount of the uninsured account.

(c) Request for Reconsideration. An accountholder may, at his or her option, request reconsideration from the Liquidating Agent of the initial determination within 30 days of the date of the initial determination, or directly appeal the initial determination to the Board pursuant to § 745.202 of this subpart. The Liquidating Agent shall act on the request for reconsideration within 30 days from its receipt.

§ 745.202 Appeal.

(a) Time for filing. Within 60 days after issuance of an initial determination, or of the determination on a request for reconsideration by the liquidating agent, the accountholder may appeal by filing with the Board a written request for appeal. The appeal may be filed with the Secretary of the Board, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314–3428.

(b) Content of request. Any appeal must include:

(1) a statement of the facts on which the claim for insurance is based;

(2) a statement of the basis for the initial determination or determination on the request for reconsideration to which the accountholder objects and the alleged error in such determination, including citations to applicable statutes and regulations;

(3) any other evidence relied upon by the accountholder which was not previously provided to the Liquidating Agent.

(c) Procedures for review of request.

(1) Within 60 days of the date of the Board’s receipt of an appeal, the Board may request in writing that the accountholder submit additional facts and records in support of its request. The account-holder shall have 45 days from the date of issuance of such written request to provide such additional information. Failure by the accountholder to provide additional information may, as determined solely by the Board, result in denial of the account-holder’s appeal.

(2) Within 60 days from the date of the Board’s receipt of an appeal, the accountholder may amend or supplement the request in writing. In the event that the accountholder does amend or supplement the request, the provisions of paragraph (c)(1) of this section with respect to requests for additional information and responses to such requests shall apply with equal force to any such amendment or supplement to a request.

(d) Determination on appeal.

(1) Within 180 days from the date of the receipt of an appeal by the Board, the Board shall issue a decision determining the extent of the accountholder’s insurance pursuant to the rules of this Part.

(2) The determination by the Board on appeal shall be provided to the accountholder in writing, stating the reason(s) for the determination, and shall constitute a final Agency order regarding the accountholder’s claim for insurance.

(3) If the Board determines that the account-holder is entitled to the amount of insurance claimed or portion thereof, upon payment of such insurance the accountholder shall promptly surrender to the Board the certificate of claim in liquidation provided in connection with the initial determination. In the event that the Board determines that the accountholder is only entitled to a portion of the amount of insurance claimed, upon the accountholder’s surrender of such certificate a new certificate of claim in liquidation will be provided which reflects the revised amount of the uninsured account.

PART 745 SHARE INSURANCE AND APPENDIX § 745.203

(4) Failure by the Board to issue a determination on appeal of the accountholder’s claim for insurance within the 180-day period provided for under this paragraph

(d)(1) shall be deemed to be a denial of such claim for purposes of Section 745.203 of this subpart.

§ 745.203 Judicial Review.

(a) For purposes of seeking judicial review of actions taken pursuant to this subpart, only a determination on appeal issued by the Board pursuant to Section 745.202 of this subpart shall constitute a final determination regarding an accountholder’s claim for insurance.

(b) Failure to file an appeal with regard to an initial determination, or a decision rendered on a request for reconsideration within the applicable time periods shall constitute a failure by the accountholder to exhaust available administrative remedies and, due to such failure, any objections to the initial determination or request for reconsideration shall be deemed to be waived and such determination shall be deemed to have been accepted by, and binding upon, the accountholder.

(c) Final determination by the Board is reviewable in accordance with the provisions of Chapter 7, Title 5, United States Code, by the United States Court of Appeals for the District of Columbia or the court of appeals for the Federal judicial circuit where the credit union’s principal place of business is located. Such action must be filed not later than 60 days after such final determination is ordered.


793-1 may 2008 Part 793

Tort Claims Against the Government

§ 793.1 Scope of regulations.

The regulations in this Part shall apply only to claims asserted under the Federal Tort Claims Act, as amended, 28 U.S.C. Sections 2671–2680, accruing on or after January 18, 1967, for money damages against the United States for damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the National Credit Union Administration while acting within the scope of his office of employment.

Subpart B—Procedures

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

(a) For purposes of the regulations in this Part, a claim shall be deemed to have been presented when the National Credit Union Administration receives, at a place designated in paragraph (c) of this Section, an executed Standard Form 95 or other written notification of an incident accompanied by a claim for money damages in a sum certain for damage to or loss of property, for personal injury, or for death, alleged to have occurred by reason of the incident. A claim which should have been presented to the National Credit Union Administration but which was mistakenly addressed to or filed with another Federal agency, shall be deemed to be presented to the National Credit Union Administration as of the date that the claim is received by the National Credit Union Administration. A claim mistakenly addressed to or filed with the National Credit Union Administration shall forthwith be transferred to the appropriate Federal agency, if ascertainable, or returned to the claimant.

(b) A claim presented in compliance with paragraph

(a) of this Section may be amended by the claimant at any time prior to final action by the Office of General Counsel, National Credit Union Administration or prior to the exercise of the claimant’s option to bring suit under 28 U.S.C. 2675(a). Amendments shall be submitted in writing and signed by the claimant or his duly authorized agent or legal representative. Upon the timely filing of an amendment to a pending claim, the National Credit Union Administration shall have 6 months in which to make a final disposition of the claim as amended and the claimant’s option under 28 U.S.C. 2675(a) shall not accrue until 6 months after the filing of an amendment.

(c) Forms may be obtained and claims may be filed with the regional office of the National Credit Union Administration having jurisdiction over the employee involved in the accident or incident, or with the Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314–3428.

§ 793.3 Administrative claim; who may file.

(a) A claim for injury to or loss of property may be presented by the owner of the property interest which is the subject matter of the claim, his duly authorized agent, or his legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent’s estate or by any other person legally entitled to assert such a claim under applicable state law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the insurer or the insured individually, as their respective interests appear, or jointly. Whenever an insurer presents a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

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

PART 793 NCUA RULES AND REGULATIONS § 793.5 may 2008 793-2

(a) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1) An authenticated death certificate or other competent evidence showing the cause of death, date of death, and age of the decedent.

(2) Decedent’s employment or occupation at the time of death, including his monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation.

(3) Full names, addresses, birthdates, kinship, and marital status of the decedent’s survivors, including those survivors who were dependent for support upon the decedent at the time of his death.

(4) Degree of support afforded by the decedent to each survivor dependent upon him for support at the time of his death.

(5) Decedent’s general physical and mental condition before death.

(6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payments for such expenses.

(7) If damages for pain and suffering before death are claimed, a physician’s detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain and the decedent’s physical condition in the interval between injury and death.

(8) Any other evidence or information which may have a bearing on the responsibility of the United States for the death or the damages claimed.

(b) Personal injury. In support of a claim based on personal injury, the claimant may be required to submit the following evidence or information:

(1) A written report by his attending physician or dentist setting forth the nature and extent of the injury, nature and extent of the treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical and/or mental examination by a physician employed or designated by the National Credit Union Administration. A copy or report of the examining physician shall be made available to the claimant upon the claimant’s written request provided that claimant has, upon request, furnished the report referred to in the first sentence of this subparagraph and has made or agrees to make available to the National Credit Union Administration any other physician’s reports previously or thereafter made of the physical or mental condition which is the subject of his claim.

(2) Itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses.

(3) If the prognosis reveals the necessity for future treatment, a statement of expected duration of and expenses for such treatment.

(4) If a claim is made for loss of time from employment, a written statement from his employer showing actual time lost from his employment, whether he is a full or part time employee, and wages or salary actually lost.

(5) If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost.

(6) Any other evidence or information which may have a bearing on the responsibility of the United States for the personal injury or the damages claimed.

(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.

§ 793.6 Final denial of claim.

(a) Final denial of an administrative claim shall be in writing and sent to the claimant, his attorney, or legal PART 793 TORT CLAIMS AGAINST THE GOVERNMENT § 793.7 representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the action of the National Credit Union Administration, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing the notification.

(b) Prior to the commencement of suit and prior to the expiration of the 6-month period after the date of mailing, by certified or registered mail of notice of final denial of the claim as provided in 28 U.S.C. 2401(b), a claimant, his duly authorized agent, or legal representative, may file a written request with the National Credit Union Administration for reconsideration of a final denial of a claim under paragraph (a) of this Section. Upon the timely filing of a request for reconsideration the National Credit Union Administration shall have 6 months from the date of filing in which to make a final disposition of the claim and the claimant’s option under 28 U.S.C. 2675(a) to bring suit shall not accrue until 6 months after the filing of a request for reconsideration. Final National Credit Union Administration action on a request for reconsideration shall be effected in accordance with the provisions of paragraph (a) of this Section.

§ 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.

§ 793.8 Release.

Acceptance by the claimant, his agent or legal representative, of any award, compromise or settlement made hereunder, shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.

§ 793.9 Penalties. A person who files a false claim or makes a false or fraudulent statement in a claim against the United States may be liable to a fine of not more than $10,000 or to imprisonment of not more than 5 years, or both (18 U.S.C. 287–1001), and, in addition, to a forfeiture of $2,000 and a penalty of double the loss or damage sustained by the United States (31 U.S.C. 231).

§ 793.10 Limitation on National Credit Union Administration’s authority.

(a) An award, compromise or settlement of a claim hereunder in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. For purposes of this paragraph, a principal claim and any derivative or subrogated claim shall be treated as a single claim.

(b) An administrative claim may be adjusted, determined, compromised or settled hereunder only after consultation with the Department of Justice when, in the opinion of the National Credit Union Administration:

(1) A new precedent or a new point of law is involved; or

(2) A question of policy is or may be involved; or

(3) The United States is or may be entitled to indemnity or contribution from a third party and the National Credit Union Administration is unable to adjust the third party claim; or

(4) The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $25,000.

(c) An administrative claim may be adjusted, determined, compromised or settled only after consultation with the Department of Justice when it is learned that the United States or any employee, agent or cost-plus contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction.

Thursday December 18, 2008 13:44

Tuesday November 25, 2008 email seen on email server [as opposed to email client]

Need more evidence of fraud?

Merely look at NOT-file-stamped bogus court document included with lawyer Hammar's October 31, 2008 letter!

"Ignore the evidence" strategy is what NCUA Region 5 is attempting.

Here's an example of a FILE stamped motion in CIV 97-266 MCA/LFG.

No word yet from NCUA OIG who is supposed to respond within one working day.

We haven't heard from the Ombudsman either.




Monday November 24, 2008 06:45

Matters get lots worse.

Sent confirmation 06:38.




Friday November 21, 2008 15:53

§ 793 describes procedure to take against NCUA in event we don't get our money back after submitting two prima facie loss affidavits.

We have phoned appropriate NCUA offices to lodge complaints.
You may call the OIG Hotline at 703 518-6357 from 8:00 a.m. to 5:30 p.m. EDT to speak with an OIG investigator . After hours, you may leave a message and your call will be returned the next business day.

We discovered by voice communication that Melinda Love is the Director of Region 5 and she is going to return any appeal to Kelly Lay! Let's see about this.

Do everything by the rules. NCUA Regulations.

We believe that NCUA unsigned, fraudulent, intitial determination warrant an appeal at NCUA region 5 headquarters.


http://www.prosefights.org/nmlegal/unsigned/unsigned.htm


Monday December 22, 2008 07:05

Morales gave below notes to Payne at McDonald's at Lomas and San Pedro Friday afternoon December 19, 2008.


Morales delivered disturbing news that Social Security Administration in Albuquerque may have denied one of his family benefits because of his involvement in our legal project.

Allegation Morales related was that a computer screen at the Albuquerque Social Security office contained recorders of Morales litigation history.

National Credit Union Administration Regulations § 793.1-8

http://www.prosefights.org/nmlegal/unsigned/unsigned.htm#socialsecurity




Supervisory Committee Guide for Federal Credit Unions (Guide)







Tuesday December 2, 2008 10:45

Sandia National Laboratories retirees and PRU comment.

Money sting on investors and creditors of Eclipse Aviation.

Note absence of DATA supporting Felix letter. A fictional work.

We have WRITTEN EVIDENCE OF GUILT.

Received Tuesday November 25, 2008.

http://www.prosefights.org/nmlegal/unsigned/unsigned.htm#felix







November 24, 2008

William H. Payne
13015CalledeSandiasNE
Albuquerque, NM 87 111

Dear Mr. Payne:

The Supervisory Committee of Sandia Laboratory Federal Credit Union has received a letter from the National Credit Union Administration (NCUA) advising us of your complaint related to the filing of two fraud loss claim affidavits.

We have reviewed the following documentation in our investigation:

o guidance from the NCUA on handling member complaints

o the affidavits of fraud submitted by you and Arthur R. Morales

o the website where you have posted your communications with the Credit Union (http://www.prosefights.org/nmlegal/hearing/ hearing.htm#board)

o the court orders to garnish funds from your accounts

o the garnishment transactions documentation

o correspondence from SLFCU's attorney to you and Mr. Morales (dated October 28, 2008)

o correspondence from SLFCU's attorney to Mr. Morales (dated October 14, and October 28, 2008)

o correspondence from you and Mr. Morales to the SLFCU Board of Directors (dated February 27, and October 28, 2008)

o correspondence from you and Mr. Morales to Chistopher Jillson (dated February 7, and February 11,2008) " correspondence from Christopher Jillson to you and Mr. Morales (dated February 7, February 8, and February 13, 2008)

In reviewing the affidavits of fraud filed by you and Mr. Morales, it appears you are alleging that, 1) SLFCU CEO, Christopher Jillson, has endorsed cashiers checks withdrawn from yours and Mr. Morales's accounts and made payable to "United States of America", and 2) the court orders upon which the Credit Union withdrew the funds were invalid.

In response to the first allegation, the Supervisory Committee has reviewed the two cancelled cashier's checks you refer to and in neither case did Christopher Jillson endorse the back of the checks. Rather, the checks were properly endorsed by "US Department of Justice" with an endorsement stamp. There is no evidence of Mr. Jillson fraudulently cashing or depositing the cashier's checks in question.

In response to your second allegation that the court orders upon which the Credit Union withdrew the funds from yours and Mr. Morales's accounts were invalid, the Supervisory Committee noted that the Credit Union's attorney, Kevin Hammar, asserts the legitimacy of the court orders in question in a letter addressed to you and Mr. Morales dated October 28, 2008. Further, we have contacted the court clerk for the United States District Court in Albuquerque and confirmed that the Orders of Garnishment were in effect and have not been withdrawn or invalidated.

In conclusion, the Committee finds no basis for your allegation of fraud and intends to . take no further action on this matter. ;

Sincerely,


Sam Felix
Chairperson
Supervisory Committee
Sandia Laboratory Federal Credit Union
cc: Kelly Lay, Director, Division of Supervision, NCUA




Friday December 5, 2008 06:52

Look at what is asked in letter to Mary E Herrera.

Clipper's response is wierd.


Clipper letter contains factual errors.

Morales wants to now file formal complaints. If we don't settle, of course.

Received Tuesday November 25, 2008.


http://www.prosefights.org/nmlegal/unsigned/unsigned.htm#clipper









November 10, 2008

Patricia Herrera

Director/ Operations Division
Office of the Secretary of State
325 Don Caspar, Suite 300
Santa Fe, New Mexico 87503

Re: Sandia Laboratory Federal Credit Union -

Notary Complaint Dismissal

Dear Patricia,

The Attorney General's Office reviewed the Notary complaint made by William H. Payne and Arthur R. Morales of alleged misconduct by the Sandia Laboratory Federal Credit Union ("Credit Union"). The Attorney General may only take action against an individual Notary Public for a spe- cific violation of the Notary Public Act, NMSA 1978, §§ 14-12A-1 to 14-12A- 26. Mr. Payne and Mr. Morales did not name an individual Notary Public nor did they provide substantive evidence of wrongdoing. A blanket allega- tion against Sandia FederalCredit Union is insufficient.

Mr. Payne and Mr Morales listed a web site in their complaint. The web site appears to contain imformation relating to a 1999 federal order of Garnishment. The complainant's have attempted to reopen this case. It appears a Notary at the Credit Union refused to notarize affidavits relating to this lawsuit. The other allegation is that a Credit Union Notary attempted to persuade Mr. Payne to sign an affidavit. The allegation was made withoutproof or without the name of the Notary Public involved. The complaint is being returned with no further action warranted by this office.

Sincerely,

Anerson E Clipper
Attorney General I

AEC/pm I

Enclosure: **f

cc: Arthur R. Morales
1400 Camino Amparo NW
Albuquerque, New Mexico 87107

William H, Payne
13015 Calle de Sandias NE
Albuquerque, New Mexico 87111






Friday November 21, 2008 07:25

The evidence contained in libel is criminal. But how to get the New Mexico criminal justice system working properly?

We noticed that

http://www.prosefights.org/nmlegal/libel/libel.htm#lay2

appears blank at times.

So we've also posted this at


http://home.comcast.net/~bpayne37/libel/libel.htm



Friday December 26, 2008 18:40

Ombudsman message 1.

Ombudsman message 2.

http://www.prosefights.org/nmlegal/unsigned/unsigned.htm#ombudsman