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'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

    www.frauddocumentation.com     www.frauddemonstration.com    www.frauddevelopment.com  

Florida Filing  181916

http://www.corporationwiki.com/graphs/roamer.aspx?id=35231154

Lowell Aptman, Michael Lee, John Pecoraro (Mail Fraud, State and Federal fraud multiple counts), Martha Guiry, Monica Sturm, all appear involved in what might be federal mail fraud.

Pecoraro's profile is split in three ways on this website consistent with three of the letterheads, companies, and entities from where he approached us to perpetrate his crimes.

John R. Pecoraro of Aequicap

John R. Pecoraro of CastlePoint

John R. Pecoraro of Tower Group

 

 

AEQUICAP and John Pecoraro Fraud Violations (examples):

This filing focuses on the state and federal frauds/violations/charges under Aequicap's handling.

John R. Pecoraro's first state filings in the loss referred to herein contained frauds, deceptions, concealments, misrepresentation of material fact, and more.  He knowingly and willingly lied to state officials in his filing in an effort to avoid liability in what his own investigator stated was a million dollar loss.  The first filing made by Pecoraro's organization at the time is found at www.FraudDocumentation.com/media/statefiling1Aequicap.jpg .  Note: This filing was made to the state and not sent to the victims/offended party as required.  To obtain copy of this document a Freedom of Information Act discovery was required.  It almost makes sense that Pecoraro would try to hide his deception and fraud in this manner.

It seems the tactic exercised by claims personnel concerning the incident listed above are attempting what appears to be an age old insurance trick to deny a claim (frivolously?) which is clearly bad faith, and have gone so far as to lie to support their stance (fraud)They have knowingly and willingly concealed and misrepresented information and material fact and recently have insisted the only course of action is litigation in court.  Meanwhile notice has been given to their board of directors who have failed to intervene, thus making the claims manager, board of directors, and all those party to this file guilty of both Intentional Infliction of Emotional Distress, and Negligent Infliction of Emotional Distress.  The clear case of fraud to avoid the responsibility is compounded by the outrageous, extreme, intentional, and reckless.   There is a clear pattern of repetitive abuses, to our vulnerable position, while the claims personnel failed in their duties to provide good faith handling, and to the contrary committed fraud.  Each member of the board of directors for failing to properly act/intervene are at the least party to the fraud and guilty of negligent infliction of emotional distress by failing to act.

Clearly the attempt of an insurance company to avoid or deny liability in a rear-end collision on an open stretch of interstate highway requires fraud, deception, misrepresentation and concealment of material fact to support the frivolous stance.  The insurance company(companies) clearly responsible in our wreck have used many devious tactics to sidestep their liability, in fact there may not be a single ethics or insurance law that has not been violated by the deviants.  Clearly the corporate structure appears to be set to similarly deceive, conceal, and misrepresent ownership, interests, and liabilities/responsibilities.  Since fault in a rear-end collision is absolute and irrefutable, we are continuing to notify entities, sub-entities, management and board members of related companies in an effort to connect with a responsible party who understands the writing on the wall.  The purported claims manager is clearly a dishonest person committing multiple acts and attempts of fraud.  As we reach out to branches of the corporate parent companies we hope that a reasonably responsible person will come forward to accept the liability and responsibility, lest the wounds continue to fester and cause further undue hardship to the multiples of victims in this claims handling fiasco.

John Pecoraro (CPCU, SCLA) appears guilty of knowingly, willingly, and repeatedly committing fraud.  It appears a pattern of behavior and potentially part of the corporate culture and operating procedure for this person.  Mr. Pecoraro has committed his frauds personally and corporately.  He has committed multiple counts of fraud under each of several places of employment and under multiple positions he has operated under.  These are not only each and separately chargeable, but in many instances Pecoraro's fraud will constitute both state and federal violations.  Pecoraro has been advised many times of his unlawful activity, yet continues to commit frauds under the corporate names of Aequicap, CastlePoint, and Tower Group/Tower Insurance, and potentially others.  He has used various company names which appear to be "shell companies" set up to hide or avoid liabilities.  Some of these entities have already failed since incident which initiated my introduction to this company.  Additional filings will be made to try to locate the real entity in this "house of cards" to avoid liability.  Each corporate entity has been advised and is separately and individually responsible for the acts of fraud conducted while Pecoraro was under their employ/agency agreement.  Pecoraro himself privately and personally is equally responsible for each act or omission leading to fraud.  Violations were committed that constitute both state and federal offenses.  This filing will cover state and federal offenses for the company listed in part against the company above.  Charges outlined herein will demonstrate specific correspondence issues wherein Pecoraro and his principles are responsible.  Because of the nature of Pecoraro's deviant behavior each one can/will be addressed separately in both state and federal courts, under each of three corporate entities for a total of no less than 6 cases.  Each case will focus on a document set with the other documents utilized as support documents.   This should serve to put Pecoraro and his employers in six (6) unwinnable situations, all by way of Pecoraro's maneuvering (apparently at the behest of his employers).  Additionally Pecoraro's mishandling of the case extends fraud, party to fraud, and ethics/insurance violations to as many as 30 other people under the corporate umbrella of the parent companies.  We reserve the right to pursue each one separately, specifically, personally, and/or corporately as we choose.  Some of those filings will be made this day so that the 60 day window of opportunity for resolution all begins and runs out at the same time.  This should soon become an extremely costly endeavor for the devious side of the equation.

The charges outlined herein will be pursued in both state and federal court at the option of the victim.  In many of Pecoraro's violations his use of interstate offices, entities and U.S. mail takes his state violations to the federal level.   Additional charges and violations are attributable to Pecoraro's underlings.  Theirs will be addressed separately giving the parent entities still more violations to address in similarly unwinnable conditions, thus uncovering what appears to be a corrupt corporate culture headed in part by Pecoraro.

Mail fraud is covered by Title 18 of the United States Code, Chapter 63

Additional information, correspondence, etc on this case is being made accessible on the website, www.FraudDocumentation.com .

All adjusters, whether company, independent, or public, have significant ethical obligations in Florida. Indeed, these adjusters even have an obligation to turn each other into the Department of Financial Services. The failure to do so is, by itself, a breach of the adjuster’s ethical obligations:

69B-220.201. Ethical Requirements.

(Rule 3g) An adjuster shall promptly report to the Department any conduct by any licensed insurance representative of this state which violates any provision of the Insurance Code or Department rule or order.

John R Pecoraro has continually throughout the entire claim failed to accurately investigate and utilize the proper day, date, and time of the loss.  He has been corrected on multiple occasions, as has his underlings, and his principles.  This not only constitutes failure to properly investigate, but the intentional deception, misrepresentation of fact, and deception is an attempt at fraud leading to what I have been advised by his underlings to be fraud.  Ms. Rori Strickland and Keisha Pusey under his employ at Aequicap (previously, as well as CastlePoint and Tower Group after these violations) advised me verbally that their plan was to attempt to avoid payment of the claim by claiming late notification by their assured.  It would appear their continued misrepresentation, concealment and deception falls in line with this intended (yet frivolous defense).  As stated numerous times in the correspondence the underwriter cannot claim/use this defense unless it precludes their ability to investigate or prejudices their position. Whereas Aequicap (CastlePoint and Tower Group as well for that matter) have had their position compromised it is clearly a result of incompetence and dishonesty by Pecoraro and his staff.  The continued misuse of the day, date and time indicates clear attempt at fraud, and improper reporting and investigation.

February 22, 2011, Notice John R. Pecoraro sends a letter from his new position at Tower Group, explaining he is/was manager of claims for a period at CastlePoint, and transitioned over from Aequicap.  In this letter Pecoraro implicates each company which appears to have knowingly supported Pecoraro's abuses thus far.  As one can see each company and Pecoraro himself are jointly and separately responsible for this activity.  It appears a part of their corporate culture and the companies have made an example of Pecoraro by promoting him while doing this behavior.  See www.FraudDocumentation.com/media/PecFeb2011statefiling1advisingtransitionofcompany.jpg and www.FraudDocumentation.com/media/PecFeb2011statefiling2advisingtransitionofcompany.jpg

As we look in to improper investigation to which Pecoraro and his staff are clearly guilty of we see they have no idea what the property damages are, no idea what the personal injury damages are, and have no idea the cause and extent of damages.  They have no road study, and they have misused the forensic evidence they did obtain (which is clearly fraud).  As one can see this day I am filing Civil Remedy filings for both the property adjuster (Rori Strickland) and the personal injury adjuster (Keisha Pusey) outlining their inattentiveness and some of their failures and incompetence.  Clearly John R Pecoraro who has been their manager at Aequicap, CastlePoint, and Tower Group as these deviants were promoted through the system should be held accountable along with his subordinates.  Fortunately, as a result of the incompetence of his underlings, bad faith issues, deception, and frauds of his underlings, Pecoraro was brought in to work on this case.  He opened and introduced himself amid accusations of fraud and bad faith and committed multiple acts of bad faith and fraud in his introduction, and has continued such bad behavior throughout the interactions with him.  He was promoted by management who were kept well advised and in the loop of his deceptive nature and practices.

At this juncture I am reserving the right to sue John R Pecoraro and each of his employers separately, corporately, locally and federally for his attempts at fraud, fraud, and patterns of fraud among other ethics and insurance charges.  Whereas it might seem out of character to sue for the fraud first, during the fraud litigation the appearance of "no valuation" will not only prove the lack of proper investigation, bad faith, and fraud, it leaves Pecoraro and his team defenseless and convicted as charged.  NOW, it is easy to see why I refer to him occasionally as dishonest or incompetent.  He has failed in his fiduciary obligations to protect all of his clients, employees, and himself.   Oddly, one must ask why is he going to such extremes to avoid a claim/loss that he has not properly evaluated?    Clearly, the fraud poses the problem of incriminating this guy and his people on all counts.  To think he claims to have CPCU and SCLA endorsements!!  This position he is in more than 9 months after the loss by his own dishonesty and incompetence is an inescapable liability.  Pecoraro seems to be a toxic asset to his employers because this is all borne out of his bad behavior and his continued bad behavior opens the doors to all his principals, employers, subsidiaries, parents, etc.  It would make a wonderful book or movie.  One that he should have to watch from prison.

While under the employ of Aequicap John R Pecoraro (CPCU/SCLA) sent the following listed correspondences (All will be made available for viewing in the correspondence section of the newly launched website, www.FraudDocumentation.com wherein John R Pecoraro and his employers are the featured launch expose');

October 8, 2010: John Pecoraro  from Aequicap sends an email to Ted Whidden:

In Pecoraro's October 8, 2010 email (See www.FraudDocumentation.com ) he acknowledge's two scathing letters (September 19 and October 1, 2010) that I sent to his people.  These two correspondences are posted on www.FraudDocumentation.com as 4 page and 8 page letters with attachments.  Do not hesitate to go there to the Pecoraro links and read these mails.  The deceptions of Pecoraro's team in the first three weeks are clearly spelled out, including but not limited to deceptions by Lowell Aptman on behalf of CEO Michael Lee (Tower Group/CastlePoint) and the deceptions listed against Rori Strickland and Keisha Pusey.  (At this time a law enforcement investigation on Pusey and her activities is underway.  There are more of these type/style of investigations to come.  Information on these investigations will be made available at www.FraudDemonstration.comPusey who was apparently under the direction/management of both Esther Palmer and John R Pecoraro created issues that she along with her managers should be held accountable.  Since there is so much deception and fraud one can see why as a victim this would be problematic to provide to these deviants......At any rate, Pecoraro acknowledges two letters going into minute depth about the violations of his subordinates and his parent company operatives.  In this introduction letter, October 8, 2010, Pecoraro fails to demonstrate competence of integrity.  He lies (fraud) in a number of ways. 

1)  Pecoraro makes attempts to conceal the fact that his driver/assured and only witness to the claim commits fraud at the scene by providing improper insurance coverage documents.  Note: The only witness on Pecoraro's side is a dishonest trucker, providing falsified insurance documents at the scene, who knowingly and willingly was driving carelessly as charged, and is likely guilty of criminal negligence, willful misconduct, at fault/liable in the accident, and fraud............Pecoraro's client company Oliva Delivery may equally be responsible for the fraud/false documents because surely the driver did not produce the documents on his own.  Meanwhile the false documents (proof of insurance) were apparently produced by a company which Pecoraro supposedly worked for.  With a dishonest witness/assured in an at fault accident one would think the claims manager would not heighten the loss/cost by committing so many acts of fraud.

2)  Pecoraro claims to have sent policies of insurance to include the Aequicap Policy CPA003439, however this Aequicap Policy has not been produced.  Pecoraro has failed to provide/respond to document requests as one normally would/should in this case.

3)  Pecoraro claims to have sent some form of insurance disclosure for another company/coverage, which the truck/driver was NOT listed on to a lawyer once under our employ.  Not only is this a failure to provide the policy as requested, and a smoke screen (fraud?) to conceal the false insurance policy/proof, but the legal counsel who they claim were sent the policy is the subject of the September 19, 2010 letter referenced above, and acknowledged by Pecoraro in his October 8, 2010 email.  The September 19, 2010 letter clearly spells out the relationship and advises the claims people to have nothing to do with the named attorney.  Further to this the discussions of September 17, 2010 with Pecoraro's subordinates (Strickland/Pusey) gave strict instructions not to have anything to do with the attorney.  A legal investigations of what appears to be Pusey's attempt at fraud of that day, lieing and deception is underway.  Pecoraro and his team continue at each juncture to violate the victim and their wishes, yet 9 months after a rear-end collision not a single attempt to settle has been initiated.

3)  In Pecoraro's 4th paragraph of his October 8, 2010 letter he states that, "Based on the results of our investigation, it is out position this trailer was not illuminated......"  This seems odd since a recorded conversation with the "forensic expert" David Brill at the time of attendance clearly states the trailer was illuminated.  For more information on the David Brill recording and statements go to www.FraudDocumentation.com , and see Civil Remedy filings of this day/date.  The complicated factor is that either David Brill lied in his report to Pecoraro, or Pecoraro lied in his utilization of the information from the report.  We anticipate the lies came from Pecoraro, because he repeatedly demonstrates questionable claims and judgment issues.  Clearly incompetence and dishonesty pervade our dealings with him.  What a bold statement to make in a public document?  Not really.  It is true.  Look at the earlier filings and/or www.FraudDocumentation.com for the records of the case.  Pecoraro later makes his deception stronger/firmer in a fraud/filing with the State Commissioner of Insurance on the nature or results from the "forensic investigation"............For the record, David Brill is recorded by making comments similar to the following during the forensic attendance/evaluation:...........Mr. Brill recorded our encounter using a digital voice recorder as did www.tedwhidden.com> ">the owner of the farm (and victim in the accident).  In that recording Brill advises there is no way that a driver can be at fault in a rear end collision.  He advises that reflector lenses on the vehicles are good for more than 600 feet irrespective of illumination.  Mr. Brill advised that the reason for his attendance is to determine whether the insurance company needs to pay $800,000 or $1,000,000 to settle. Mr. Brill's "microscopic filament" photography clearly demonstrates the right rear tail light of the tow was illuminated, the truck lights were illuminated, there are pictures shared demonstrating the trailer was illuminated at the wreck scene, and the left rear trailer tail-light was clearly an operating replacement to get the WORKING trailer lights home (right rear tail-light was broken in the incident and damage removal so Brill knowingly failed to test the broken right rear tail-light).  All this should be clear in Brill's report otherwise deception and competence issues spill over.  Mr. Brill's recorded statement at the time of attendance clearly indicates that the truck and trailer was illuminated.  There is no shortage of deception on the claims handling side of this loss.  I anticipate some competence issues, but the simplicity of illuminated trailer is proven and recorded by both myself and David Brill.  Not only is/was this recording universally agreed in advance, Brill was put on notice of the ongoing fraud/deception prior to his attendance, and him and his employers were reminded of the recorded attendance the day after his attendance (Note my September 30, 2010 email to David Brill copy to Keisha Pusey, Rori Strickland, John Pecoraro, Fla Dept of Financial Services (oversight), the Florida State Insurance Commissioner, and Michael Lee (CEO of Tower Group Insurance).  Much of this information will be made public on www.FraudDocumentation.com John R Pecoraro's attempt to deny liability by way of misusing David Brill's report/attendance is clearly fraud.

In John R Pecoraro's October 8, 2010 email he claims lack of illumination (which is soundly refuted by his forensic expert and only supported by his driver who knowingly committed fraud, criminal negligence, and willful misconduct leading to the wreck....??) is a deception and attempt to conceal material fact.  The peculiar claims manager then states: "As a result, we are herewith denying liability for this claim."  His continued stance of denial using this mis-information is "perfection" of the fraud he attempted.  Nine months have passed.  This clearly points to failure to settle in a timely manner, fraud, material misrepresentation and a host of other issues.  We have encouraged the deviant many times to revisit the claim to get his facts in order, but as stated above thus far he can not even get the day, date and time correct.  The bigger issues have not been allowed to be discussed, because he has blockaded all reasonable attempts to get him redirected to facts.  Continued and material misrepresentation at every turn has blocked the claims process.  This is all by way of Pecoraro's orchestrated deceptions.  Review of correspondences at www.FraudDocumentation.com will clearly reveal he was made aware of the deceptions.  He will either have to claim gross incompetence, ignorance, or dishonesty as his defense, leaving his team defenseless.  He is a toxic asset to the company and this claim/loss.  We have called out for greater integrity from the early days, and all we have been left with is this criminal activity.

In John R. Pecoraro's 4th paragraph he clearly commits another fraud (there are many and ALL of them are attempts to slide opinion/deception in his favor).  Pecoraro states "Finally, according to the police report, you (Ted Whidden) are not listed as owner of the Chevy Blazer or trailer that was damaged in this accident."  This is clearly a lie.  The FHP Report (See www.FraudDocumentation.com ) clearly lists me as owner of the Blazer.  This is fraud and an attempt to discredit the victim.  The trailer does in fact belong to the victim/driver of the truck, because as someone rightfully doing the right thing to remove independent persons from becoming victims of Pecoraro's deception, the owner of the trailer sold the damaged trailer to the driver/victim.  In fact, the owner/victim in the accident paid the trailer owner within 24 hours of the trailer owner making a claim, thus demonstrating clearly how a liability claim should be handled.  It is now Pecoraro's and his clients job to explain why they did not do the needful. 

Pecoraro states in his October 8, 2010 letter that because of my possession of the damaged equipment that all claims are denied?  Odd.

Pecoraro further confirms he knows the attorney mentioned in the September 19 and October 1 letter no longer works on this case, yet they continue to send documents to this attorney?  Odd.  They acknowledge he is off the case, but then claim to fulfill their obligations by sending an attorney documents against the wishes of the victim.  How can they know he has been removed, still correspond, and then assume they are in compliance?  In part the fraud investigations of Keisha Tanisha Pusey who was under the direction/employ of Pecoraro may shed some light on this.

In paragraph 5 of Pecoraro's October 8, 2010 letter sent from his position at Aequicap he attempts to conceal his deviant behavior (fraud?) by askng that all correspondence be directed to him "exclusively".  Of course this is the nature of fraud.  It gets sticky when it goes public.

In Pecoraro's October 8, 2010 email paragraph 5 he asks to refrain from making defamatory comments.  Please note that where my comments may appear bold, they are not defamatory.  Each and every one is true, and in order for a defamation to occur there must be something false in the statement.  In each instance there is an abundance of proofs to allow public discussion of his incompetence and dishonesty, otherwise he would sue for defamation of character.......Wouldn't he?  In order for him to do it "corporately" then his corporate counsel would have to be involved, and thus far it appears they are in agreement with my assertions, otherwise we would hear from them.  Oddly, failure of the parent organization and oversight to get involved after numerous notices makes them party to the frauds and deceptions, thus making corporate culture and patterns of fraud appear evident.

Please see my response to John R Pecoraro, copy to Keisha Pusey, Rori Strickland, Michael Lee, Florida Department of Financial Services, Insurance Commissioner Mike McCarty, and David Brill, sent on October 8, 2010.  It can be viewed at www.FraudDocumentation.comIt begins with "In an effort to make sure that everyone's personal legal files are in tact........."  This will be linked from one of John R Pecoraro's "pages" on the expose' website.

On October 13, 2010, John R. Pecoraro appears to have responded from his position at Aequicap Claims Services, on behalf of his client company CastlePoint Florida Insurance Company.  To this point, and since Pecoraro has tried so desperately to orchestrate deceptions and such it is very difficult to determine who he really works for, who the real insurance carrier is, and where the responsibility lies.  One thing we do know is Pecoraro lies.  He can't seem to help it, and along with his clients they appear to have no integrity whatsoever based on our limited dealings with them.  As we review the letter of October 13, 2010 you will see that Pecoraro appears to have no problem extending his deceptions and delusions to his official state filings.  As a CPCU/SCLA one would think the ramifications and understanding of fraud would be better, thus making him appear to be extremely stupid, dishonest, or incompetent. If it were not true then I could not state this in a state filing, could I?

Firstly, in the October 13, 2010 letter to the Florida Department of Consumer Services, the person misses the day and date of the incident.  This is/was corrected for him numerous times, and is clearly stated on the FHP report.  This as well as other deceptions filed by the officers of this company and claims people perpetuate the illusion of this date.  The reasons believed are stated above as relayed by the other claims deviants at Aequicap.  Day, date and time of the incident is SATURDAY NIGHT, after midnight, 5 minutes after midnight on the official "date" of August 29, 2010.  Effectively it was 5 minutes in to Sunday morning.  Not Monday, Not August 30.  This deception is repeated eventhough on October 8, 2010 Pecoraro acknowledged the victims letters of September 19, 2010, and October 1, 2010 both of which clarified this issue and included the FHP report of the incident.  This is an attempt at fraud that Pecoraro continues, AND is a very clear indication of his lack of proper investigation and failure to properly report the loss.  It is an attempt to conceal the real date, misrepresent material fact to support their stated rejection intention, and is yet another form of fraud, which permeates virtually every contact we have had with him and his people.

Pecoraro's claim that the loss was reported the "same day" of the loss is further muddled by poor investigation and reporting, the complications too vast to explain in this format.  Leave it that improper reporting, record keeping and incompetence are the cause/effect.

Pecoraro in this October 13, 2010 attempt at deception "cushions" his first deceptions by using the phraseology "it is our understanding".  This is a deceptive practice used by people trying to cover a fraud in many instances.  He can "claim" to understand whatever he likes, however it is very clear there is no reason for him to "understand" this absurd idea.  Clearly the FHP report as stated above clarifies this.  Pecoraro continued interweaving of deceptions appears orchestrated to confuse.  For the simplicity of the court we will likely sue in directly for the frauds to maintain greater clarity.  The October 13, 2010 deception submitted to the Florida Department of Insurance will be made available on www.FraudDemonstration.com since Pecoraro has failed to make this document public.

Meanwhile, the claims person states, "It is our understanding neither of the 2 vehicles, or trailer, are owned by the complainant."  This is clearly an attempt to discredit or insult the complainant, but in turn reveals the lack of proper investigation, and the deception (fraud attempt) of the claims handlers.  See the FHP report on www.FraudDocumentation.com which clearly shows the complainant is owner.

Pecoraro's deception (attempt to conceal) states that on September 2, there was an adjuster appointed to look at one of the vehicles and trailer.  Deeper review will find this to be potentially in error, PLUS the adjuster (Rori Strickland) appears to have purposely maneuvered to try and "miss" the addition vehicle(s) in the wreck.  Another filing will address a few of the many offenses/violations of Rori Strickland, being mindful she appears to have been removed within the first 3-4 weeks of the loss.  Her abuses under Pecoraro and Pusey's direction apparently was what initiated many of the feelings of distrust.  Her statements as were Pusey's so rash and out of line it uncovered early the deceptive nature and culture within the organization.  These are addressed in part/superficially in the letters of September 19, 2010, and October 1, 2010 as outlined above.

One thing Pecoraro fails to advise in his October 13, 2010 letter is the content of the early phone calls to Aequicap wherein they denied coverage, denied knowledge, denied knowledge of the driver, denied knowledge of the trucking company, etc.  The lies and deception began as soon as they were called and continue to this day.  Clearly in a rear-end collision on a clear stretch of interstate the following driver is at fault.  The games they are playing is merely an extension of the early deceptions and fraud initiated using the false insurance verification by their assured, and continuing with the never ending deviant behavior of the adjusters.

I could continue to dwell on the idiocy in the letters sent from Aequicap, but by skipping to paragraph four we see that this letter again states a very obvious fraud/lie, "We retained an accident reconstruction expert to inspect the Blazer, trailer and Porsche, and based on the inspection, it is our position this trailer was not illuminated or visible while being operated on the interstate".  What???  Do you recall what the Forensic Expert said during his attendance?  What kind of idiot would put such a statement in their state filing????  Recall we advised earlier:

Mr. Brill recorded our encounter using a digital voice recorder as did www.tedwhidden.com> ">the owner of the farm (and victim in the accident).  In that recording Brill advises there is no way that a driver can be at fault in a rear end collision.  He advises that reflector lenses on the vehicles are good for more than 600 feet irrespective of illumination.  Mr. Brill advised that the reason for his attendance is to determine whether the insurance company needs to pay $800,000 or $1,000,000 to settle. Mr. Brill's "microscopic filament" photography clearly demonstrates the left rear tail light of the tow was illuminated, the truck lights were illuminated, there are pictures shared demonstrating the trailer was illuminated at the wreck scene, and the right rear trailer tail-light was clearly an operating replacement to get the WORKING trailer lights home (right rear tail-light was broken in the incident and damage removal so Brill knowingly failed to test the broken right rear tail-light).  All this should be clear in Brill's report otherwise deception and competence issues spill over.  Mr. Brill's recorded statement at the time of attendance clearly indicates that the truck and trailer was illuminated.  There is no shortage of deception on the claims handling side of this loss.  I anticipate some competence issues, but the simplicity of illuminated trailer is proven and recorded by both myself and David Brill.  Not only is/was this recording universally agreed in advance, Brill was put on notice of the ongoing fraud/deception prior to his attendance, and him and his employers were reminded of the recorded attendance the day after his attendance (Note my September 30, 2010 email to David Brill copy to Keisha Pusey, Rori Strickland, John Pecoraro, Fla Dept of Financial Services (oversight), the Florida State Insurance Commissioner, and Michael Lee (CEO of Tower Group Insurance).  Much of this information will be made public on www.FraudDocumentation.com John R Pecoraro's attempt to deny liability by way of misusing David Brill's report/attendance is clearly fraud.

These people have 60 days according to the Civil Remedy filing system to attempt to resolve their inadequacies.  As there were 6+ filings before this date we had hoped we would not have to reach out and touch so many.  We also hoped not to go quite so public as it may not be in everyone's best interest, but fear not, the public/media display shall continue and one would anticipate a sensible recipient would resolve this quietly.  If my postings seem irregular, imagine how irregular it is for an insurer to commit so much fraud and deception on a claim they never evaluated.  This appears to be a normal course of action for the insurance company.  What other explanation would work???  It indeed looks like a corporate culture of deception, and abuse as a matter of course.  Thus far they have refused to discuss any aspect of the claim, have knowingly and willingly committed fraud, and have told me that I have no recourse but to sue them in court.  It is stated, willful, and purposeful delay and an attempt to side step their obligation.  What reasonable person would have handled the claim in this manner?  Pecoraro and his team may be toxic assets for the industry as a whole.

Additional deceptions exist in the Florida Department of Consumer Services letter sent from Aequicap on October 13, 2010, but I am getting tired of writing.  Using the letter as evidence the other charges will be outlined and fleshed out as per letters made public on www.FraudDocumentation.com .

The above referenced letters/emails appear to have been sent by John R Pecoraro while under the employ of Aequicap apparently as a service provider to other entities.  Under many aspects of law, Pecoraro can be held personally responsible because of his licensing, endorsements, and alleged experience and knowledge.  Further to this, Pecoraro's employer company, and their principles can be held responsible for the deviant behavior.  The corrupt corporate culture that appears to foster this type/style of handling often sets up "shell companies" and/or a convoluted "house of cards" to side-step liability.  At the time of this filing the State of Florida has made it public information that Aequicap went in to bankruptcy mid-February 2011, and receivership early March 2011.  Meanwhile, Pecoraro appears to have been promoted up the chain from the first shell company (Aequicap) to what appears to be the next upline organiztion.  It seems that Pecoraro and his entire staff/entourage of deviants were hired/promoted to what appears to be a parent/sister operative or organization.  This operative CastlePoint Insurance which is a puppet or subordinate to Tower Group seems next in line for the collapse.  It looks like these people set up shell companies with the intent of folding up their tents before their liabilities come home to rest.  The next set of letters we receive from the deviant Mr. Pecoraro comes from CastlePoint Risk Management of Florida.  By February 22, 2011 Pecoraro send a letter stating he is head of Claims Department at CastlePoint Risk Management of Florida effective November 2, 2010.   By April of 2011 Pecoraro writes as if he is head of claims for Tower Group Companies.  Clearly they are a fast moving operation and the deviant activity that was clearly advised to management of all the listed parents has been a promotable talent within the organization.  For a complete listing of the other filings and clarification on any and all of these assertions feel free to review the Civil Remedy filings of this day which includes filings on Pecoraro from the vantage point of each listed employer, and the board members of the companies which appear to endorse such behavior.  Clearly the web is becoming more tangled.  This is the problem with fraud and why it is often considered unlawful.  It is clear that people like Pecoraro must stay on the run, and he is considered a flight risk for his unlawful/criminal behavior.  The corporate entities who promoted this individual for this behavior obviously display lack of understanding.  Additional notices this date reveal the specific board members notified and apparently endorsing this behavior including but not limited to the correspondence sent to board members on March 23, 2011 to which none replied, and their Civil Remedy filing as a follow-up this date.  All of this is available and will be explained on www.FraudDocumentation.com

Pecoraro while at Aequicap Property and Casualty sent an insurance

Violations include ethics violations (See links and listing at www.FraudDocumentation.com ) and laws as listed below.

 

624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
624.155(1)(b)(2) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
624.401(1) No person shall act as an insurer, and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance, in this state except as authorized by a subsisting certificate of authority issued to the insurer by the office, except as to such transactions as are expressly otherwise provided for in this code.
624.401(2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority issued to it by the office authorizing it to transact the same kind or kinds of insurance in this state.
624.401(3) This state hereby preempts the field of regulating insurers and their agents and representatives; and no county, city, municipality, district, school district, or political subdivision shall require of any insurer, agent, or representative regulated under this code any authorization, permit, or registration of any kind for conducting transactions lawful under the authority granted by the state under this code.
624.401(4)(a) Any person who acts as an insurer, transacts insurance, or otherwise engages in insurance activities in this state without a certificate of authority in violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

 

 

 

John R Pecoraro

  (Multiple frauds in multiple jurisdictions, fla, ny, state, interstate, federal, federal mail fraud, INCLUDING the corporate heads by way of corporate veil (Monica Sturm

), and Michael Lee

’s apparent endorsement).

It appears that the behavior and criminal activity of John R. Pecoraro

knows no bounds.  As we reveal his misdealings it should become apparent that any harm to the victims of his crime (or witnesses to his many crimes) could be the responsibility of Pecoraro

who orchestrated and ran with this deception.

He has now committed multiple frauds, attempts at fraud, misrepresentations, misdirections, AND like the incompetent/dishonest person he has been demonstrated to be (See CIVIL REMEDY FILINGS?????) Pecoraro

placed and/or had placed his fraud filings to the state in the U.S. mail system making him fully guilty of Federal mail fraud, and implicating those who fed him the misinformation (Lowell

Aptman, Rori

.htm">Rori

Rori

, Pusey, Martha Guiry, Michael Lee

, Esther Palmer

, etc) as party to his fraud.  As guilty and party to fraud(s) this demonstrates they are all unfit to maintain any type of state license, insurance license/certification, or law degree (bar status).  I will outline just a few of his attempts at fraud below saving some of the more juicy elements for the personal legal pursuit destined to put him in federal prison for fraud. 

The deviant Pecoraro

makes a number of irrational statements correspondences concerning insurance losses and specifically in his Civil Remedy filings to the State Commissioner of Finance and Insurance in his responses to our previous filings.  We have re-initiated a number of filings from different perspectives outlining the numerous frauds, patterns of fraud, good faith violations, and a host of other issues.  Part of the re-state of these allowed Pecoraro

to make conscious, repeated, premeditated, calculated decisions to either stick to his original frivolous and deceptive strategy or change strategy.  Mr. Pecoraro

’s “calculations” have been in error.  He has consistently stuck to the same manipulative and deceitful plan.  Any attempt for him or those he represents to shift their position after this point is to be seen as an admission to the frauds and attempts at fraud outlined herein and related to this filing.  By re-submitting Pecoraro

’s stance numerous times and stating it to the State Commissioner and posting it in the regular mail he has made multiple conscious attempts at fraud.  I will try to list the number of attempts at fraud, and the frauds themselves to demonstrate both violation, claim and proof within the public access Civil Remedy process, thus making all the claims and documents fully accessible as a legal and training tool for the public in an effort to make an example of Pecoraro

and deviants who follow his tactics.  Unfortunately there are so many criminal attempts by Pecoraro

and his team that I anticipate not counting all of them.  Meanwhile, saving some of the for our personal pursuit to be separated from the corporate as need be to see that justice is properly served.

I will not go in to all the nuances of Pecoraro

’s file and concepts of fraud herein.  It is with anticipation that he and/or his employers will attempt to distort the meaning and application of concepts of fraud as their attempt to “defend”.  Fortunately this will bring still more media attention to their concepts, culture, and patterns of dishonesty.  As the company and individuals respond we will oblige each of them to their own charge of fraud including, but not limited to removal from practicing law or utilization of professional licenses for their deceptions.  As we are going to prove a pattern of fraud corporately their response/strategy is anticipated.

A definition for “fraud” can be found on the Internet/web to be:

The term 'fraud' is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. [fraud may also include an omission or intentional failure to state material facts, knowledge of which would be necessary to make other statements not misleading.]

Wikipedia states: According to the Collins English Dictionary 10th Edition fraud can be defined as: "deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage".[1] In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g. in science, to gain prestige rather than immediate monetary gain.

MAIL fraud as defined at the U.S. Postal Inspectors website is: https://postalinspectors.uspis.gov/investigations/mailfraud/mailfraud.aspx

U.S. Postal Inspectors investigate any crime in which the U.S. Mail is used to further a scheme--whether it originated in the mail, by telephone, or on the Internet. The use of the U.S. Mail is what makes it mail fraud.

Mail fraud is covered by Title 18 of the United States Code, Chapter 63.

Pecoraro

’s frauds and deceptive responses to the State of Florida became Federal fraud when he arranged to have them sent by regular mail.  Those who participated in compiling, generating, supporting, copying, etc this fraud are party to Pecoraro

’s mail fraud.

 

Pecoraro

’s many violations are clearly outlined in numerous responses sent to him via email and other means from the victims of the horrific accident and the severe mental abuse of Pecoraro

and his team’s tactic.  Whereas we can quote our own documentation and proofs, we prefer to use Pecoraro

’s own Civil Remedy/State of Florida filings.  These should be sufficient to demonstrate proof in fact of his deception.  There is plenty of other information to be used in this regard as well.  Some this will be organized, posted and made accessible on our website www.FraudDemonstration.com wherein we will use Pecoraro

, his team, his company and affiliates in our examples for the purpose of exposing these type and style of tactics.   We will make it our goal to have each person involved fully recognized for the role they played in the development of this situation.  Surely, they will be proud to be outlined and singled out in such a high profile web system.

At a glance it appears the first instance where Pecoraro

reponds in writing is his email of October 8, 2010 (LINK????).  Oddly, we had been appealing to the company since September 17-19, 2010 (LINK??) to have someone of authority and integrity to contact us.  More than 6 months have passed and we have not had anyone of authority or integrity contact us.  Instead, we were left to deal with Pecoraro

, who is the self appointed claims person in this disaster.  Note, Pecoraro

’s letter he acknowledges two letters September 19 and October 1, 2010.  (LINKS??).  His acknowledgement will serve to make him aware of and party to all charges launched in those.  Further it places him squarely in the chain of command of letters shared with the corporate parent, local sub-office, claims agents, etc.

Pecoraro

’s sending of a “Coverage Disclosure Affidavit” (para 2 of his Oct 8, 2010 email) constitutes a violation of law.  Clearly the Sept 19 and October 1 letters told the insurer to have nothing to do with the attorney.

Pecoraro

’s para 3 of his October 8, 2010 letter acknowledges some inspections.  These inspections will be found to be evidence of delay, deception and part of Pecoraro

’s fraud.  The “reconstructionist” Mr Brill who they claim to have retained was sent to the property to inspect without proper notice as required under Florida law making this a violation in and of itself.  The attendance and results of the “reconstructionist” Brill have been mis-used to bring about part of Pecoraro

’s fraud, and will be material to several of his attempts at fraud, making some of them attempts and some of them perfected frauds.

Para 3 of Pecoraro

’s Oct 8, 2010 letter refers to statements taken from the truck driver.  It needs to be understood that any statement made in error and known or believed to be in error will constitute fraud on the part of the person using the statement.  As one can imagine the statement from the trucker is likely unreliable.  We haven’t seen it yet, but the use of information by Pecoraro

indicates that it is not only in error, but Pecoraro

knowing used it the erred document.  We begin to see his personal manipulation of data, information, and facts to begin to emerge…………NOTE: The call for a manager involvement leading to this point 4-5 weeks after the wreck was because of the NUMEROUS frauds and deceptions of Pecoraro

’s underlings.  We had appealed to get away from fraud and deception and they gave us the “trainer” for fraud it appears.   State records will show we are demonstrating a corporate culture of dishonest dealings.

In para 3 of Pecoraro

’s October 8, 2010 letter he makes references to the FHP officer and statements.  It is highly unlikely that the statements of the FHP officer will be found to be taken in a responsible manner, and it should be relatively simple to demonstrate the frailties in such statements and FHP reporting uses by Aequicap/CastlePoint/TowerGroup.

Pecoraro

in Para 4 of Oct 8, 2010 letter states that it is “our opinion” that the trailer was not illuminated.  Pecoraro

is trying to use the erred “opinion” statement to sidestep his responsibility to share the truth.  Evidence when reviewed including, but not limited to the attendance of the FHP officer, and the attendance of the “reconstructionist” will undermine Pecoraro

’s statement………Besides, the frivolous stance of Pecoraro

that he eventually uses for claims denial is not even relevant in a rear-end collision.  If it were true (which it is not) it is not relevant.  We see an attempt at fraud and/or fraud.  As we see this develop we will see that statement leading to this and attempting to mislead are additional frauds and attempts at fraud.

Para 4 of October 8, 2010 Pecoraro

denies liability in a rear-end collision!!  Amazing!  Not only is this a frivolous stance, it is unsupported by the evidence.  The fraud and patterns of fraud begin to emerge further.

In para 4, Pecoraro

claims that the police (FHP??) reports states that I am not the owner of the Chevy Blazer or trailer.  This is a lie!  We have an absolute clear fraud/misrepresentation that can be independently verified by anyone who can read.  Pecoraro

misrepresents material facts of the case that are clearly written for anyone to read.  One will notice in each instance Pecoraro

always twists the detail in the favor of those he is trying to protect.  Not a single error is made in the other direction.  It is all pre-meditated, focused, and calculated to bring about the larger deception which is likely denial of liability and avoiding financial and legal responsibilities in the loss.

In para 4 of Pecoraro

’s October 8, 2010 letter he acknowledges that the “attorney” previously referred to does not represent us in the accident.  In so doing, para 2 and para 4 of Pecoraro

’s letter are in conflict with one another.  They advise they are communication with the attorney, but acknowledge advices not to.  Pecoraro

and his team use deception however it is needed.  Members of Pecoraro

’s team will have their own charges/violations in regards to this case and their unlawful dealing with the attorney group.

Pecoraro

uses my “possession” of vehicles in the accident (para 4, October 8, 2010) as his reason for denying all claims.  Isn’t this odd?  Why would possession bring about a denial?  Pecoraro

tries to write law at this point.  His ideas are twisted so his explanation was never requested.

In para 5 in Pecoraro

’s October 8,2010 letter he asks that correspondence be sent exclusively to his attention.  No doubt this is to keep his deceptions and ridiculous stance(s) private.  This request was seen as a cloak and dagger tactic of deception. Anything that needed to be said could be said in public view.  With the direction this was heading I saw no reason to respect his devious directions and intentions.

 

In one of John R. Pecoraro

’s frivolous statements (attempt at fraud) he states the trailer being towed behind our vehicle party to the wreck was a “home made” trailer (See Document???).  Clearly Pecoraro

has made an attempt at fraud, because the trailer is clearly manufactured, has 4 patents, machine welds, and the attempt to be theatrical with his “home made” claim is an attempt to belittle our assets and losses, which on five (5??) occasions Pecoraro

has denied liability in a rear-end collision (His biggest fraud of all, with almost all attempts at fraud leading to the ultimate goal of denying liability).

In many ways Pecoraro

and his staff have harassed the victims of the referenced accident by failing to give the audience after numerous requests for equitable resolution.  Pecoraro

himself have insulted the victims including making fun of their mental and medical conditions.  This man appears to have no conscience, morals, ethics, or decency.  Since his onslaught has at times been electronically it appears in some ways to be “cyber bullying” of some kind.  His continued handling of this loss/case/claim is a form of harassment with strong elements of slander, libel and defamation of character in it by way of his responses.

True, as Pecoraro

states in his most recent attempts at mail fraud there have been a “myriad of complaints” about Aequicap, CastlePoint, Tower Group staff, handling, management, ownership, etc yet not one single claim is without strong foundation and basis.  Not one single complaint has been adequately addressed or resolved, thus Pecoraro

’s statement of the “myriad of complaints” tends to implicate if not prove lack of good faith handling in this case.  As any moron can see the “myriad” of Civil Remedy filings have served to establish fraud and the pattern of fraud, lack of good faith, and every single claim and/or violation stated is proved true in the documents now being made part of public record……….At this juncture the case for mishandling is stated, documented, proved, and made available for public discovery.  As we incorporate evidence, documentation, and supports for public access and viewing I reserve the right to liase with any and all media outlets, rating institutions, any and all board of directors or anyone deemed necessary for the gathering of data, personal reference information or any supports of any form deemed necessary for character witness and other types of investigation on Pecoraro

, Michael Lee

, Pusey

, Rori

, and the whole cast of characters involved in this charade.  Understand all that Florida public statutes make those in the insurance business liable for criminal activity and violations they are aware of, but fail to report.  (QUOTE?????)  This not only makes if unlawful for Aequicap, CastlePoint, and Tower Group personnel to remain silent about these and other violations, but makes them personally, professionally, and corporately responsible for the criminal and deviant activity for which they are aware.  I reserve the right to make as many of them aware of the activities to which I am now aware, so contact with their corporate and personal directories are within my rights of placing them on notice for their responsibilities or potential responsibilities in our investigation and litigation.  On ??????? I provided several members of the staff with a copy of the Florida ethics laws for insurance professionals.  Since it is unlikely such a document of integrity would be passed around in a deviant company I post one online, and encourage them to be aware.  This should help them in their continuing education and professional pursuits.  Of course this should be Pecoraro

’s responsibility to make this available to them.  He might take offense.

 

Febuary 2011 filing

Delay:

A certified “demand” letter for driver/trucking documents was sent to Oliva

Delivery Services dated 10/1/ 2010.  The letter was signed as received 10/5/2010.  Copies of the letter were sent by mail to Aequicap, CastlePoint and Tower Group.  The letter was a demand letter for documents as a result of the claims handler(s) attempt to shift liability in the direction of the victims.  In the letter it was anticipated that the claims people at Aequicap would attempt to shift liability.  On 10/13/2010 in the adjuster’s filing to the State of Florida Department of Financial Services the claims vice president of Aequicap denied liability.  It appears the claims deviants want to “have their cake and eat it, too”.  They want to shift liability to the victim, but do not respond to demands for evidences and information to review the liability.  They cannot do both.  They are in violation of law and herein indicates/proves UNDUE DELAY on their part.

 

In our Civil Remedy filing 11/20/2010 (filing number 169110, CastlePoint; filing number 168836, Aequicap) we clearly stated that we stand by awaiting fulfillment of our demand/request of 10/1/2010, acknowledged on 10/5/2010. 

 

On 12/15/2010 the response to the Civil Remedy filing (of 11/20/2010) by John Pecoraro

responding on behalf of Tower Group and CastlePoint he “rejected” our assertions of undue delay, yet their failure to comply makes his assertions appear foolish.  They have obviously delayed from 10/1/2010 to present.  Another copy (Certified receipt) of the letter was sent to John Pecoraro

at Aequicap on 12/27/2010.  It appears he signed for it himself on December 30, 2010.  He quite obviously has now seen the letter, and is yet again responsible for delay.  We remain standing by for their compliance with the letter.  The letter clearly outlines the intentions of Aequicap/CastlePoint’s devious handling, and their follow through exactly as the letter outlined they would.  They have been given adequate time to respond.  Fulfillment of the demand list is required according to law no matter what their present or future stance is.  As stated in the 10/1/2010 filing they are responsible no matter what. 

 

Aequicap and their assured have failed to comply with our 10/1/2010, our 11/20/2010 follow up, our 12/27/2010 follow-up (signed for 12/30/2010 by Pecararo) and now we are in to a new calendar year 2011 and they have not complied as yet.  The claims guy Pecoraro

has accepted receipt of a copy on 12/30/2010.  The claims handlers are clearly in violation of delay.  As stated in the letter of 10/1/2010 no excuse, shift, or change in tactics will absolve them of the requirement to comply with this demand.  The claims handling techniques in the early days of this loss lead us to write the 10/1/2010 letter which clearly foretold of their corrupt claims handling techniques.   This undue delay and misdirection in this loss/incident is clearly bad faith, delay, and likely will constitute attempted fraud and fraud.  Misdirection, deception, and delay is all we are receiving from these claims people and their principles.

 

Since we gave plenty of time to comply to the first request (10/1/2010) and to the second request (11/20/2010), we feel they may be hiding something.  Full compliance is required no matter what moves are made.  This is an obvious sign/proof of delay, and thus renders John Pequeno’s “rejection” of our claim of delay another attempt on his part to deceive.

 

We have made a previous Civil Remedy filing to try to get Pecararo to reveal who he is and what role he plays in this process.  He has responded thus far from numerous company profiles, using different letterheads, titles, etc.  On some of the most recent paperwork he has claimed to be Vice President of claims.  We await explanation and identification as to who we need to address and their roles in this process.

 

This “Vice President” of claims is appears guilty of:

Gross incompetence, delay and deception

Willfill and intentional misconduct and negligence

Failure to properly investigate

Incompetence, poor claims handling, improper recording

Misrepresentation

Attempted fraud leading to fraud.

Numerous Ethics Violations

The claims personnel have been advised that we intend to hold them personally, privately, and corporately responsible for their devious behavior.  This includes, but is not limited to pursuing action against their personal licenses to the full extent allowable under Florida, State, and Federal Laws.

As early as September 17, 2010 we advised the claims personnel to alert their E&O (Errors and Omissions) underwriters concerning the behavior and early violations we cited.   To this point we have not been contacted by anyone with integrity in regards to the loss. 

 

We await response to our letter of 10/1/2010, the 11/20/2010 follow up, and the 12/27/2010 follow-up (the identical letter sent 10/1/2010).  They are clearly guilty of delay and continued delay and misdirection while we await these documents almost 4 months now.

 

 

Supreme Court ruled unanimously written by Judge William Rehnquist concerning Hustler Magazine v Jerry Falwell

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole."

Supreme Court Judge Scalia wrote concerning Pope v Illinois

"Just as there is no use arguing about taste, there is no use litigating about it."

Copyright May 2011, All rights reserved by Ted Whidden