Beaumont City Attorney John Pinkney Continues to Obstruct Justice
Maybe Pinkney is too Stupid to Know what an Account Number is, But Why are the City Clerks Colluding?
The City of Beaumont never advertised for a City Attorney, the Law Firm of Slovak Baron Empey Murphy Pinkney just magically appeared to replace the Law Firm of Aklufi Wysocki.
John Pinkney assumed the position as Beaumont City Attorney. In the last two years the Law Firm of Slovak Baron Empey Murphy Pinkney has broke more State and Federal Laws and carried off five times more money than Aklufi Wysocki did in their 20 years of corruption.
In an attempt to cover up past criminal activity; Pinkney has confiscated/destroyed Government Records and has repeatedly lied about the City’s Mello Roos Bond Fund Accounts; specifically about the need to black-out bond fund account numbers.
Pinkney claims that the Account Numbers on the Bond Fund Accounts must be blocked out and Pinkney’s claim has included the City Clerks. The Law Firm of Slovak Baron Empey Murphy Pinkney has charged the City unknown amounts of money to block out the Bond Fund Account Numbers, the amount of money is unknown because Pinkney claims that his Invoices are ‘Attorney-Client Privilege’ that even Council is not privy to.
While holding the position of City Clerk; Councilman Julio Martinez read a statement in Council that ‘he investigated’ whether the Bond Fund Accounts actually needed to be blocked out, but his ‘investigation’ was ‘inconclusive’.
Pinkney has previously claimed that the Union Bank Bond Fund Account Number had to be blocked out, but when the City switched Bond Trustees to Wilmington Trust the Bond Fund Accounts would be released without mutilation.
However; at the September 19, 2017 Beaumont City Council Meeting Pinkney claimed that Deputy City Clerk Nicole Acosta-Wheelwright was told by Wilmington Trust that the Bond Fund Accounts could ‘absolutely not’ be released without blacking out the Bond Fund Account Numbers.
It could be that Pinkney is honestly too stupid to know the difference between an accounting code and a bank account number, but once Pinkney started making up lies about the Banks’ verification; we’ve stepped out of stupid and into Fraud and Record Tampering.
And how do we know for a fact that Pinkney and the City Clerks are lying?
Because Accounting Codes are NOT bank account numbers and all the lies on earth will not change that fact.
PUBLIC RECORD REQUEST:
All Communication to/from former City Clerk Julio Martinez and current Deputy City Clerk Nicole Acosta-Wheelwright to/from Past and Present Bond Trustees regarding blacking out the Bond Fund Account Numbers.
On August 23, 2017 the SEC Issued a “To Cease And Desist From Committing Or Causing Such Violation And Any Future Violation Of The Same Provision, Rule, Or Regulation.”
SEC Order Undertaking 22 directs the City to: “Establish Appropriate and Comprehensive Written Policies and Procedures and Periodic Training for Accounting of Bond Proceeds and Record Keeping”
Securities and Exchange Commission:
(2) Every issuer which has a class of securities registered pursuant to section 12 of this title and every issuer which is required to file reports pursuant to section 15(d) of this title shall—
(A) make and keep books, records, and accounts, which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the issuer;
(c) It shall be unlawful for any director or officer of, or any owner of any securities issued by, any issuer required to file any document, report, or information under this title or any rule or regulation thereunder without just cause to hinder, delay, or obstruct the making or filing of any such document, report, or information.
(e) PROSECUTION OF PERSONS WHO AID AND ABET VIOLATIONS.—For purposes of any action brought by the Commission under paragraph (1) or (3) of section 21(d), any person that knowingly or recklessly provides substantial assistance to another person in violation of a provision of this title, or of any rule or regulation issued under this title, shall be deemed to be in violation of such provision to the same extent as the person to whom such assistance is provided.
SEC. 1102. TAMPERING WITH A RECORD OR OTHERWISE IMPEDING AN OFFICIAL PROCEEDING.
Section 1512 of title 18, United States Code, is amended— (1) by re-designating subsections (c) through (i) as subsections (d) through (j), respectively; and
(2) by inserting after subsection (b) the following new sub-
”(c) Whoever corruptly—
”(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
”(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”.
Federal Fraud Laws:
18 U.S. Code § 1001
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
California Bar Association
Rule 3-110 Failing to Act Competently
(A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.
(B) For purposes of this rule, “competence” in any legal service shall mean to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service.
(C) If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently by 1) associating with or, where appropriate, professionally consulting another lawyer reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required.
Rule 3-200 Prohibited Objectives of Employment
A member shall not seek, accept, or continue employment if the member knows or should know that the objective of such employment is:
(A) To bring an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person; or
(B) To present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of such existing law.
Rule 3-210 Advising the Violation of Law
A member shall not advise the violation of any law, rule, or ruling of a tribunal unless the member believes in good faith that such law, rule, or ruling is invalid. A member may take appropriate steps in good faith to test the validity of any law, rule, or ruling of a tribunal.
Rule 5-220 Suppression of Evidence
A member shall not suppress evidence that the member or the member’ client has a legal obligation to reveal or to produce.
California State Laws:
Cali Govt Code 1097: (a) Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip or other evidences of indebtedness, including any member of the governing board of a school district, who willfully violates any of the provisions of those laws, is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the state prison, and is forever disqualified from holding any office in this state.
(b) An individual who willfully aids or abets an officer or person in violating a prohibition by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, including any member of the governing board of a school district, is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the state prison, and is forever disqualified from holding any office in this state.