The "Soul" of the Judicial System

Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential

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-If you google "soul" and "justice" together, you will find countless links to books, quotes, articles, movements and humane organizations. There is very little mentioned when it relates to the courts system.  Why is that? Is it because the Judicial System, our system of justice has no soul?

Let's define some of these terms.  According to Merriam-Webster.com, "soul" and " justice" can be defined as:

Soul 
-immaterial essence;
-a person's total self;
-the moral and emotional nature of human beings;
-spiritual or moral force.

Justice
-the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishment.
-judge;
-the quality of being just, impartial or fair;
-conformity to truth, fact, or reason.

As to "Judicial System" also know as "Judiciary," I got this definition from
legal-dictionary.thefreedictionary.com.

Judiciary - The branch of government that is endowed the authority to interpret and apply the law, adjudicate legal disputes, and otherwise administer justice.

As to my lawsuit against Alfieri ... About a month ago, I went to the Los Angeles Superior Court because Alfieri's attorney was filing an emergency ex-parte request to stay discovery. I did some research and consulted with two attorneys on what to do. Both attorneys told me to appear in court and that I would be able to speak to the judge and voice my opposition to such order.

When I arrived I was told that the judge assigned to my case was the only judge, or one of the few that did not take the bench for ex-parte hearings, that she only accepted written documents. Seriously? I am notified of this hearing the day before and Alfieri's attorney does not give me any documents specifying the legal basis for his petition? How am I supposed to respond in my opposition letter?

I asked if I  could handwrite it. The clerk told me that I could not do so. She was clearly losing her patience with me. She told me to go to the first floor and get some forms or to at least get pleading paper to write it down. She added, "I don't know if the judge will accept a handwritten document, plus it has to have the proper formatting."   I also asked if Alfieri's attorney had turned in any papers and the clerk said no.  "I still have time," I thought.

I went to the first floor, bought the paper and drafted the document with the correct formatting. When I went back to the courtroom, I handed the paper to the clerk. She then said, "I don't think the judge will accept this. It's too late." I could not believe my ears. Why would this clerk first tell me that the reason the judge would not accept my letter was because it was handwritten and later tell me that the reason  was because I was too late submitting it?

The clerk did not want to accept the piece of paper I was offering. I asked her to please talk to the judge and see if she would accept it.  My letter simply stated that I did not agree with that order - something that in other courtrooms is done in front of the judge. She went into the judge's chambers and less than a minute later she came right out. "No, she will not accept it. But she said that you had very nice handwriting."

I asked the clerk again, "when did it become too late to submit this?" She responded, at 8:30 when I opened the courtroom. So why make me go through all that????  I said, "the other attorney was not even here at 8:30 am." To my surprise Alfieri's attorney was sitting in the back of the courtroom. He claimed that he had been there the whole time. The clerk said, "yes, he has been here since 8:30."

The truth is that I did not see him at 8:35 when I stepped into the courtroom for the first time. I even asked the clerk about my case and she told me he had not submitted anything.  Why would she give contradictory statements?

I immediately went toward Jason L. Fisher, Alfieri's attorney, to greet him. He did not seem very happy to see me. I would like to share my impression of him, but I will reserve my opinion for now.... at least while this case is still pending.  The only thing I will say is this - Victor has found an attorney who will faithfully represent his interests, values and ethics. Victor made an excellent choice when hiring this specific attorney. I believe that Jason L. Fisher is the perfect attorney for him.

It is sad to realize that the last thing we can expect when dealing with the judicial system is to be treated with consideration and integrity.  It is really about "playing the game" and not about bringing justice.

I will seek more legal advice before proceeding. I need to be prepared for the "legal battle."

Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.

Standing Up for the Truth

Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.

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About one month ago, when I wrote my last post "Social Media," I was also writing something else... No, it was not my book. It was something that required lots of research and guidance from experts in the field.  It needed to follow a clear narrative with accurate facts and precise details. I spent about a week doing research and three days drafting this document. When I was done writing it, I could not believe it. I looked at my "masterpiece." I was proud of it. It was like one of those school projects - an essay, midterm or.... final paper that we need to complete in order to move forward to the "next level."

I still remember the day I finished it. It was a Thursday. It was March 20th. I had talked to a friend earlier that day. We were planning on going to a screening. I was almost done getting ready. I did my hair, my make-up, put on a nice dress and shoes... I was so happy to be done with my "writing project" and also excited to go out and celebrate that big accomplishment. As I was about to take a step back to check how I looked in the mirror, my body lost its balance. I felt as my right knee was giving in. It dislocated and twisted as I fell to the ground. The injury was major, considering that I was just standing and not making any drastic movements. It was so bad that I will be having surgery in a couple of days.

I probably overestimated what my physical body could endure. Sitting in front of the computer for hours with very little breaks cannot be good for anyone. I had also been working long hours on other projects related to my company. I had pushed myself to the limit - literally to the limit of what my physical body could take.

I was moving too fast, in such a big rush to get things done that I forgot to maintain my balance... my emotional and spiritual balance. This was reflected in my loss of physical equilibrium. A friend of mine said to me, "maybe it is the Universe telling you to slow down." It makes sense now. My "rushing" -  my impatience to speed things up reduced my awareness and prevented me from staying in the moment... in the NOW.

When this incident occurred, I thought that the injury I sustained would be a challenging obstacle that would inevitably delay any plans or projects I had at that time.  I was very upset and frustrated. I felt helpless. However, something amazing happened. Because this incident forced me to slow down, I came to truly appreciate my physical body. Our bodies are certainly a "gift" that we should never take for granted. I also had the time to review my "written project" and to make a firm decision as what I would do with it.

I have talked and written a lot about what my experience was like during this whole Trevino-Alfieri Saga. I have always stressed the importance of "Speaking Up" while doing it with integrity and honesty.  So I decided to speak up... this time, not only through the lines I write on this blog, but in a more formal and "official" way.

The written project I mentioned above is the official complaint for my new lawsuit against Victor Alfieri. In the early morning of April 15, 2014, I went to the Los Angeles Superior Court and filed my complaint against Victor Alfieri, Daniela Carloni (Victor's mother), Bondolini Productions and Black Knight Entertainment. The causes of action are: 1) Fraud in the Inducement; 2) Breach of Contract; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing; 4) Breach of Fiduciary Duty; 5) Constructive Fraud; 6) Conversion; and 7) Accounting.  Case BC542748

Although I will be consulting with legal counsel on how to proceed, what papers to file and to give me general guidance, this time I am going "pro se," without an attorney. Why am I representing myself? For the simple reason that I do not have the funds to hire counsel. Even if I had the funds - the legal fees to litigate this case would exceed any judgment I might receive.

So just because I do not have the funds to hire an attorney, does that mean that I have no legal recourse?  No!  I do have the right to have my case heard by a judge and/or jury. Because the statute of limitations is applicable to any cause of action, I had to make a firm decision to move forward in a timely manner. I am happy with my decision. I am aware of the implications of this legal path I have chosen. I am ready to move forward and stand for MY TRUTH.

Life has taught me that we are not alone in this world and that it is OK to reach out. I can invite others to take an active part in my personal dream - "my story."  Their participation in my story, however, will be limited. I am the only one who has ultimate control of my life. It is not fair to expect others to make major decisions for me and then get upset or blame them when things don't go as I expected. By taking full responsibility for how I have dealt with what has happened to me in the past, I am able to stand up in the present with full conviction that I am in charge of my life.

And as don Miguel Ruiz tells us, "if we don't like our story, we are the authors; we can change it." I have made a big decision with complete awareness of the path I have decided to take. I am sitting in the driver's seat, behind the wheel... I have just made a sharp turn... What an exciting journey life is!

Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.

Indictment - U.S. Department of Justice

Update as of 10-15-2018 -- The case (Trevino Vs Alfieri) has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.


UPDATE - January 16, 2015 Please read new post with updated information - Conviction

Last week I received an email from the U.S. Department of Justice Victim Notification System. I was hesitant to reply to it, as I did not recognize the name of the defendant. I thought it could be a "fake" email trying to get personal information from me.  It did have specific information and phone numbers to contact the Assistant US Attorney handling the case.

I was about to do some inquiring into this case today when I receive another email notifying me of another person getting indicted. I am also listed as a victim on that case. I started to think and remembered these two men who called me on the phone telling me there was someone interested in buying my timeshare. They had very detailed information about when I bought my timeshare, my annual fees, etc, etc. They also gave me a very convincing sales pitch to hire them to close the deal. I clearly remember that this happened around the time I invested the money to produce "Looking for Clarissa." I did not have much left in the bank. I believed that if I could get what these men promised from the sale of my time-share, I would be financially comfortable for a few months as I recovered from the huge investment in the independent film.

They called me constantly. They claimed that they had to collect "their fees" before closing, as I would get the total amount of the sale of my timeshare in my name. They sent me papers that seemed legitimate. I remember telling them that I could not invest that money. They assured me that the sale would close in one month.  It all seemed very fishy to me.  I got a big knot in my stomach, I remember. I should have listened to my intuition and common sense... Too bad I did not.

They called me every week to give me updates. They kept pushing the sale "closing" date constantly. This all happened in 2011 - while I was going through the filming of "Looking for Clarissa," the break up with Victor, his taking my money, his bogus lawsuit and damaging claims against me... while I tried to defend myself using the little money I had left.

By late 2011, when I was not able to contact these two men to get an update on the alleged "sale," I decided to close that chapter and not to invest more energy into it. I had clearly been scammed. What could I do? It made me upset but nothing compared to the legal battle with Victor Alfieri.

It makes me happy that justice DOES prevail, at least in some cases.  This is what I found on line about one of the con artists that defrauded me and over 3,000 other people.

United States Of America Vs. Michael Patrick Sullivan 

United States District Court For The Southern District Of Illinois

Criminal No.: 13-CR-30103-GPM

UPCOMING EVENTS: On October 17, 2013, Sullivan plead guilty to this charge. Sentencing has been set for March 6, 2014 at 9:00 a.m. in East St. Louis Illinois Federal Courthouse before District Judge Michael J. Reagan.

On May 22, 2013, Michael Patrick Sullivan, Jr., 37, of Las Vegas, Nevada, was named in a one-count indictment for conspiracy to commit wire fraud and mail fraud in violation of Title 18, United States Code, Section 1349 the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. If convicted, Sullivan is subject to a term of imprisonment of up to 25 years, a fine of $250,000 and five years of supervised release. 

The charge arose out of a telemarketing scam which operated in Las Vegas, Nevada, which the indictment alleged bilked over 3,000 victims of approximately 10 million dollars. Consumers were victimized in all fifty states, the District of Columbia and Puerto Rico, all ten Canadian provinces and the Northwest Territory of Canada, as well as Australia, Israel and the United Kingdom. There were at least twelve (12) victims in nine (9) of the thirty-eight (38) counties comprising the Southern District of Illinois. The indictment alleges that the scheme operated from December 5, 2006 until January 24, 2012.

The indictment alleges that Sullivan owned a telemarketing company, Vacation Max, which operated a timeshare resale scam. The company purported to be a Georgia corporation located in Delaware, but actually operated in Las Vegas, Nevada. The indictment alleges that the company falsely represented that they had found corporate buyers interested in acquiring blocks of timeshare units including the consumer's timeshare unit for purported business and tax purposes. The company solicited fees of up to several thousand dollars from each timeshare owner in purported pre-paid closing costs and related expenses. The indictment alleges that the purported sales did not occur and that Vacation Max did not successfully sell any consumer’s timeshare interest except a relatively small number at firesale prices.

This case is one of several cases recently prosecuted by the U.S. Attorney's Office for the Southern District of Illinois relating to timeshare resale fraud.  

The prosecution of the case is being handled by Assistant U.S. Attorneys Bruce E. Reppert and Nathan D. Stump.

An indictment is a formal charge against a defendant.  Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a jury.

Here's a link to the press release and indictment US Department of Justice.

There is another person who has been named in a separate indictment for conspiracy to commit wire fraud and mail fraud. His name is John C. Nicosia. Criminal No 14-30009-MJR. He has been charged and there is a warrant for his arrest. I don't know if he has been apprehended yet.

Michael P. Sullivan Jr has already pled guilty to the charge. I hope he spends a long time in prison. I also hope that we, as victims, are given an opportunity to address the judge before his sentencing. Wouldn't it be great to get statements from over 3,000 people sharing how this scam affected us?

As to what Victor Alfieri did and continues to do to me, I do hope there will be some justice in the end. I am aware that I am not the only person who has been "victimized" by his deceiving and manipulative actions. I wish there were others willing to speak up and tell the truth. When we ignore and tolerate this type of behavior, we become enablers by helping perpetuate these unjust situations and unhealthy conduct.

Disclaimer – As of October 15, 2018, all legal issues (Trevino vs. Alfieri) have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft (Trevino vs. Alfieri). The resolution was mutually agreeable. There will be no more posts written about this story.