Every Single Claim

Posted August 28th, 2007 by Joe Kaiser

We just never understood how vitally important it is to you and your staff to avoid having to admit a mistake.

Dear Rob,

It’s been quite a ride, from my seat at least, being stuck on this consumer protection roller coaster.


Not hardly.

I’ve experienced your office doing its best to justify a groundless investigation, watching as you’ve tried to crush me with claims and demands and all the other huey your Consumer Protection division dreams up, knowing I’ve done nothing at all wrong.

I suspect you know it, too.

right and wrong don’t matter?

I’ve heard of this kind of bogus lawsuit in the past and never really believed it possible, with the Nifong case being the rare exception.

I always thought there’d be at least an element of truth to the “attorney general brings action against scam artists” type cases and “where there’s smoke, there’s fire.”

But today I know differently and it’s completely changed the way I look at and think about government, authority, and all that other political business.

In spite of everything, I refused to let go of my belief that the Office of the Washington State Attorney General, certainly, was above all of it, being honorable and actually caring about things right and wrong.

Now, I know otherwise.

no problem

And that’s how an out-of-control AAG can take absolutely nothing and turn it into a 50 million dollar Consumer Protection Act violation claim, in spite of all evidence to the contrary.

Or how that same AAG can look at my seven year track record consisting of hundreds and hundreds of transactions with zero complaints or lawsuits, only to decide my business was nothing more than a scam.

Coming from Cheryl “no complaints, no problem” Kringle, that conclusion isn’t surprising. Heck, that’s normal in her mixed up world.

We get that.

What does surprise me, though, is that you’ve allowed it to continue in her absence. She’s gone and her embarrassing investigation of this matter could have easily been disposed of right along with her.

Yet the circus continues unabated.

where’s common sense?

My ex-partner and I assumed you didn’t know what was happening here because surely, we thought, once someone in a position of authority looked at this investigation and brought some common sense to bear, they’d kill it in a heartbeat.

How wrong we were.

We just never understood how vitally important it is to you and your staff to avoid having to admit a mistake.

I expected far more from you, Rob. I expected you’d step up, do the right thing and end it, admitting your mistake.

woefully misguided

This is post #89.

For nearly three entire months now I’ve posted my side of the story in an attempt to educate both your office and the regular readers of this blog about what it is we do as foreclosure investors.

And in that time I’ve demonstrated how woefully misguided your office’s actions have been.

Now you know

We all now know, for instance, that the “overage play” farce was little more than your staff not understanding the statutes and county prosecutors taking advantage of their ignorance by using them in an attempt to remove us from competition for those funds.

Well, now you know.

We also now know the entire “unlawfully requesting public records” claim was, by intention or ignorance, a monumental error by your office and should have never been made (it is in direct opposition to the formal opinion of your office).

And now you know that, too.

the earlier screw-up

We can all see how Cheryl, determined to make up for her million dollar loss in the Pacific Health Center debacle, brought a baseless CPA violation claim against me in a desperate attempt to mitigate the damage she’d done.

Do you suppose she thought no one would notice the earlier screw-up if she scored big against me?

Pssst . . . we noticed.

Every claim

In my review of the settlement proposal presentation over the last ten days, we’ve seen just how determined Cheryl was to make a case for herself, even if that meant making it all up along the way.

Are you kidding me, Rob?

Every claim you’ve made in your lawsuit is on par with the public records fiasco. Yes, every single claim.

Yet no one from your office is big enough to step forward and say, “this is crazy, enough already?”



Joe Kaiser

One Response to: “Every Single Claim”

  1. spyboy responds:
    Posted: September 4th, 2007 at 9:26 pm


    In analysing the Atty. General’s actions in this matter, what standards should we apply, to determine if their claims have any validity ? Remembering that the ” ability to define “, and to
    ” control lanquage ” is a primary means of the exercise of power. I think we should look to an authoritative source, one that is recognized as such in that regulatory system.

    Section 5 of the Federal Trade Commission Act is used as a template for many related state laws governing practices that may be deemed to be ” unfair “, ” misleading “, and/or ” deceptive “.

    The Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation have issued a statement, to provide guidance to State-Chartered Banks, to help them maintain compliance with, and to avoid violation of said Section 5 of the FTC Act. This should meet the standards that we are seeking, and should be helpful in determining if any particular acts or practices are, or may be ” unfair, misleading and/or deceptive “.

    While said Statement/Guidance is too much to articulate here
    ( 6 pages ), I encourage anyone interested to go to the FDIC website and check it out for themselves. http://www.fdic.gov/news/financial/2004/fil2604a.html ( Financial Institution Letter, FIL-26-2004, 3/11/04, ” Unfair or Deceptive Acts or Practices by State-Chartered Banks ” ).

    Personally, under the circumstances and facts as I understand them ( not full and complete knowledge,obviously ), IF Joe has aggressive, knowledgable and dedicated counsel, I think the charges could be determined to be without merit or a substantial basis in fact.

    Thank You.

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