John O’Brien to MA AG Martha Coakley urging her not to sign onto the 50 state settlement with the banks.
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Does anyone have a short list of the states that are going after the fraudsters, and under what statutes?
I’m working on other things and do not have the time to adequately investigate this, but assume that SOMEONE has tracked and compiled this information.
I don’t need much; PLEASE, no in-depth analysis into secruitization fraud and all the varing complex issues, at least not for now, I can amend later to add more – I just need some basic statutes that are common in all states, which are being pursued by some states, that can be put before a jury in MY state to easily decide if the AG has a duty to go after them.
I’ll compare those with my state’s statutes, and if similar, file a mandamus action to force my AG to do the same. While the AG does have some discretion, it is not absolute and a jury trial mandamus action would take the decision out of the AG’s hands and let a jury decide if the AG is duty-bound to investigate/prosecute these crimes, and I’ve got a pretty good idea what a jury, as opposed to an individual judge, would decide.
Same with investigations/prosecutions against MERS for the filing fees.
I’m in a non-judicial state, if it matters, but I’m thinking a crime is a crime is a crime, regardless of the FC vehicle.
If such an action works in my state, it should work in all others; if an agreement among the AG’s occurs pior to filing, a prohibition action would have the same affect in nullifying any such agreement, or at least getting it before a jury to decide if the AG’s basic job description demands they investigate/prosecute, which could result in voiding the agreement.
I suppose a sister federal mandamus action against the justice dept could make sense – with both state and federal investigations, if either tried to run a sham investigation, it would have to fear being shown up if any state investigations were more thorough adn productive – and vice versa.