Virginia Judicial Corruption
I. Secret Inmate for 38 Months
Andrew Chien (“Chien”), a senior citizen of Connecticut, was a secret inmate for 1148 days (about 38 months) until June 27, 2016, in Chesterfield County Circuit Court of Virginia. The secret inmate is the status of no charge, no trial and sentence, no arrest and incarceration records in Virginia State Police Department and Department of Correction, Richmond Branch of FBI, or public records, such as people’s search engines (www.truthfinder.com etc). The reason for causing secret inmates is that Chien’s case is civil. This is a typical white-collar crime because the purpose of the secret inmate is for blackmail, robbery, and theft under “color of law” by one private party against another.
Such secret inmate or arbitrary prolonged incarceration for civil dispute was affirmed by both Chief-Justice Donald W Lemons (“Hon. Lemons”) of the Virginia Supreme Court in multiple appeals, including appeals of 2018, and Attorney General Mark Herring (“AG Herring”) in Chien’s two countersuits in summer of 2014, and 2015 respectively. AG Herring ignored several times of Chien’s criminal complaints during the making secret inmate, including one submitted in April of 2017.
To create, or protect the case law of secret inmates, betrayed the Constitution of Amend XIV of due process, and the violation of human rights which is not strange for a dictator society or slavery system against black people, but not in our democratic system. The criminal system needs transparency and accountability to criminal justice. To abuse police force in the civil case is assault, battery or kidnapping, conspired by private lawyers with the agency of the Chesterfield County Circuit Court to impersonate a judge, but protected by AG Herring and Hon. Lemons.
During the secret inmate status, Chien wrote complain letters to then Governor Terry McAuliffe who responded that this issue was not in his authority. In 2019, Chien filed case 3:19cv 235 (HEH) in the US District Court, Richmond Division to ask for declaration relief for humane rights violation. AG Herring and Hon. Lemons denied it, but the District Court ruled there is no subject jurisdiction to determine the merits. This blog is for public attention. Virginia needs a clean jurisdiction to get out the white-criminal acts of assault, battery, robbery and extortion by private lawyers conspired with police and judicial officers. As long as it was the case law, it may repeat to other victims, not a single one alone. Chien hopes the topics have wider coverage including media, law schools, lawyers, and political campaigns to resolve the corruption of the Virginia state judicial system.
II. Violating Fair Debt Collection Practices Act (“FDCPA”)
for Over eleven years with the potential over dozens of millions of Penalty.
if had been Charged by the Federal Trade Commission
Both AG Herring and Hon. Lemon run a corrupted Commissioner-in-Chancery system in Virginia for debt collection with operation fully opposite to Chapter 23, Code of Virginia.
The excuse for incarcerating Chien was to force Chien to pay the balance of the default judgment award for Richard J Freer (“Freer”). However, creditors at lawyers, by abusing police force to collect debt, violated FDCPA, codified as “15USC§1692”, especially
“15USC§1692d…. the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person” (emphases added)
U. S. Supreme Court in 2010 ruled in Case Jerman v Carlisle et al., 130 S.Ct. 1605,1609:
“The Act is enforced through administrative action and private lawsuits. With some exceptions not relevant here, violations of the FDCPA are deemed to be unfair or deceptive acts or practices under the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and are enforced by the Federal Trade Commission (FTC). See § 1692l. As a result, a debt collector who acts with “actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is [prohibited under the FDCPA]” is subject to civil penalties of up to $16,000 per day. §§ 45(m)(1)(A), (C); 74 Fed.Reg. 858 (2009) (amending 16 CFR § 1.98(d)).” (Emphases added).
The Federal Trade Commission increased the daily penalty for inflation adjustment, $40,000/day after August 1, 2016; for 2017, $40.654/day ($14.8 million/year); 2018, $41,484/day ($15.1 million/year); 2019, $42,530/day ($15.5 million/year); 2020, $42,530/day ($15.8 million/year); 2021, $43,792/day ($15.9 million/year).
The consequence of violence includes not only physical but also property and reputation.
Although. the physical violence ended on 06/27/2016; Chien’s professional belongings and other parties’ commercial assets under Chien’s custody shipped from Connecticut to Virginia in September 2014, and December 2015 twice, without a list, a penny payment or a return. There is no official clearance of the false imprisonment, which prohibited Chien from running businesses. Therefore, the offense of 15USC§1692d(1) has been continuous till today. The total penalty would have a significant penalty if the Federal Trade Commission had made the charge.
The high penalty is under the condition of the government action, and it may or may not be discounted in the legal process, but it also reflects the great damage to the economy of the society by criminal means to collect the debt. Currently, forty-five million people own student loans. Every year, an average of half a million persons apply for personal bankruptcy because of unpaid various loans. Black people in default debt are double of whites. If all creditors had used false imprisonment to collect debt, the US would have lost hundreds of billions of dollars of General Domestic Product every year. This is significant destructive of the society’s economy, civilization, harmony, and ethics.
III. Private Lawyer-Controlled Legal System
The judgment credit for Freer, was fully made by perjury evidence, or under conspiracy among lawyer Andrew K Clark (“Clark”) with a judge of Chesterfield County Circuit Court. Freer’s lawsuit was for retaliation of Chien’s whistle-blower of his embezzlement in the bankruptcy of former Commonwealth Biotechnologies Inc (“CBI”), which was approved by the audited financial statements. Freer, after obtaining the judgment, began to collect the judgment debt in Connecticut State Court, but met some resistance of Chien’s countersuit. Virginia debt collection was the conspiracy among Freer, Clark, and William K Grogan (“Grogan”), Commissioner in Chancery of Chesterfield County Circuit Court, who is an agency, private lawyer, not employee of the court, and whose authority is limited by Chapter 23 of Code of Virginia, and his authority for beginning debt interrogatory, taking income, or issuance order for arrest, must have first motion procedure, then to get the prove of the Judge. But here, no any motion procedure existed, the orders of Grogan were ghost-written by Clark. Further, on 05/07/2014, Grogan impersonated a judge, wearing the judge rube, and sat on the beach to issue an order to indefinitely incarcerate Chien for Commercial Assets including cash of non-parties corporations. After Chien rejected it, they conspired to forge a stock certificate for Freer to steal the cash of a publicly traded company in the bank located in Connecticut, and then distribute it among them. Clark and Grogan are debt collectors as defined in FDCPA. They offended both FDCPA and the Racketeer Influenced and Corrupt Organizations Act (“RICO”).
Criminal Investigation is Necessary
This investigation is critical to resolve this issue. There is no time ban because (i) due to financial institution fraud (18 U.S.C. §1344), which happened in November of 2014, pursuant to 18 U.S.C. § 3293, a ten-year statute of limitations applies to RICO charges, where the racketeering activity involves a violation of 18 U.S.C. § 1344 – bank fraud; (ii) there are possessing charges for currently holding forged stock certificate and false corporation identity; (iii) 18USC § 3301 and penalties specified in 15 U.S.C. §77x, or 15 U.S.C.§78ff for both willful false statements and failure to file periodic financial statements to US Securities Exchange Commission (“SEC”).
No-Secret-Inmate 