Complaint vs LN
- More for the 9th....
C/o 1923-A El Camino Real
San Mateo , California
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
CASE NUMBER CIV473007
AL CINTRALEITE vs LN Acquisitions, INC.
NOTICE OF FILING
CIVIL AND CRIMINAL COMPLAINT
vs.LN ACQUISITIONS INC.
AL CINTRALEITE, ET AL, Defendants against LN Acquisitions et al.,
hereby enter this Defendant’s Notice of Filing CIVIL and CRIMINAL
COMPLAINT against original Plaintiffs LN Acquisitions, Spiwak and
Iezza,Mann Bracken, WolpoffAbramason, AND DOES 1- 100 along with their
officers,agents and employees .
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Now comes the Defendant, Al Cintra-Leite, bringing forth this Notice of
Filing CRIMINAL COMPLAINT against the Plaintiff in this Instant
Matters, with attached
VERIFIED CRIMINAL COMPLAINT of misconduct punishable under
LN Acquisitions Inc.
Spiwak and Iezza
Does 1- 100 inclusive
STATE OF CALIFORNIA
County of San Mateo
I. INTRODUCTION & PARTIES
1.1 COMES NOW, Al Cintra-Leite, Complainant above named (hereinafter
"Complainant"), seeking to complain of criminal misconduct constituting
crimes cognizable in California courts and to cause the prosecution of
those responsible for said offenses. Defendants Nick Iezza et al.,who
acted as counsel for LN Aquisitions, despite their full knowledge that
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standing to sue, a contrivance hatched through complicity and
conspiracy reliant wholly upon complicity by presiding judicial
officers. Any and all emphasis employed herein may be construed to have
Complainant Cintraleite has for the purposes of this complaint the
mailing address of convienience of 1923-A S. El Camino Real, San
Defendants Spiwak and Iezza have initiated this case and are servable
jointly and severally as notice to the agent is notice to the
principle, notice to the principle is notice to the agent.
Defendant Nick Iezza
Defendants Spiwak and Iezza
2660 Townsgate Road,Suite 530
Westlake Village, Ca,91361-5700
1.2 Complainant has attached as Exhibit A and/or shown elsewhere in the
pleadings details of the parameters essential for a person to have or
acquire proper standing to sue as LN Aquisitions has sued, and showing
that they do not have this standing.
II. ADJUDICATIVE FACTS & AUTHORITIES.
2.1 All parties to the above captioned case have full and first hand
knowledge that LN ACQUISITIONS INC.enjoyed no ownership of, or equity
in, any alleged subject contract or Note for unsecured loans. On
October 9, 2007, LN ACQUISITIONS INC.commenced the above captioned
civil case seeking judgment against the Complainant for unsecured debt
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alleged subject contract. For LN ACQUISITIONS INC.to sue it must have
standing, and to have standing it must enjoy equity in any alleged
subject debt or Note.
"The Court will not speculate about why two major financial
behemoths, Deutsche Bank and Goldman Sachs share space in a West palm
Beach, Florida office suite. What is clear to this Court is that
Deutsche Bank assigned the mortgage during the pendency of this
application, but neglected to move to amend the caption to reflect the
assignment or discontinue the foreclosure action. The Court, as will be
explained, has no choice but to deny the application far a judgment of
foreclosure and sale without prejudice. Plaintiff Deutsche Bank lacks
standing to proceed with this action since January 19, 2007."
"The Court of Appeals, in Saratoga County Chamber of Commerce, lnc.
v. Paraki, 1 O0 NY2d 8 I, 812 (2003), cert denied 540 US 1017 (2003),
declared that "[s]tanding to sue is critical to the proper functioning
of the judicial system. It is a threshold issue. If standing is denied,
the pathway to the courthouse is blocked. The plaintiff who has
standing, however, may cross the threshold and seek judlcial redress."
"In Caprer v. Nussbaum, 36 AD3d 176, 181 (2d Dept 2006), the Court
held that "[s]tanding to sue requites an interest in the claim at issue
in the lawsuit that the law will recognize as
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a sufficient predicate for determining the issue at the litigant's
request." If a plaintiff lacks standing to sue, the plaintiff may not
proceed in the action. Stark v Goldberg, 297 AD2d 203 (lst Dept 2002)."
"It is clear that plaintiff Deutsche Bank lacks standing to sue since
January 19, 2007, when it assigned its ownership of the Castellanos'
mortgage loan to the Goldman Sachs subsidiary, MTGLQ Investors, L.P
/'he Court, in Campaign v. Barba, 23 AD3d 327, instructed that "[t]o
establish a prima facie case in an action to foreclose a mortgage, the
plaintiff must establish the existence of the mortgage and the mortgage
note, ownership of the mortgage, and the defendant's default in payment
[Emphasis added]." See Household Finance Realty Corp. Of New York v.
Wynn, 19 AD3d 545 (2d Dept 2005); Sears Mortgage Corp. v Yahhobi, 19
AD3d 402 (2d Dept 2005); Ocwen Federal Bank FSB v. Miller, 18 AD3d 527
(2d Dept 2005); [IS Bank Trust Nat. A.ss'n Trustee v Butti, 16 AD3d 408
(2d Dept 2005); First Union Mortgage Corp v. Fern, 298 AD2d 490 (2d
Dept 2002); Village Bank v Wild Oaks, Holding, Inc., 196 AD2d 812 (2d
"However, in light of the fact that Deutsche Bank has established
the existence of the mortgage and the note, and defendant's default in
payment, the Court is denying the judgment of foreclosure and sale
without prejudice. If Deutsche Bank moves to substitute assignee MTGLQ
Investors L.P, as
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plaintiff,, pursuant to CPLR § 1021, and no other material facts
change, the Court will grant the substitution of plaintiff to MTGLQ
Investors L.P., which will allow the proper mortgagee, the one with
standing, to receive a judgment of foreclosure and sale. East Coast
Properties, v. Galang, 308 AD2d 431 (2d Dept 2003); Lincoln Savings
Bank, FSB v. Wynn, 7 AD3d 760 (2d Dept 2004); CPLR § 1018; GOL §
See Deutsche Bank Natl. Trust CO v Castellanos, 2007 NY Slip Op
50978(U), decided on May 11, 2007 (Supreme Court, Kings County,
2.2 When this trail of assignment reveals that LN ACQUISITIONS INC.
lacked an equity position in or ownership of the subject debt or Note,
the crimes alleged herein are proven and the Defendants above named as
2.3 With full understanding that LN ACQUISITIONS INC. lacked standing
to sue, Defendants NICK IEZZA uttered faudulent statements to the
subject Court, claiming again, falsely that LN ACQUISITIONS INC. was
the proper party in standing regarding the subject debt or Note.
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III.VIOLATIONS OF CALIFORNIA CRIMINAL STATUTES.
3.1 Complainant's evidence shows Defendants Nick Iezza and LN
ACQUISITIONS INC. to be pursuing unlawfully property belonging to
another valued in excess of $2000.00(U.S.).
COUNT 1: "Criminal profiteering activity"
PENAL CODE SECTION 186-186.8
186. This act may be cited as the "California Control of Profits of
Organized Crime Act."
186.1. The Legislature hereby finds and declares that an effective
means of punishing and deterring criminal activities of organized crime
is through the forfeiture of profits acquired and accumulated as a
result of such criminal activities. It is the intent of the
Legislature that the "California Control of Profits of Organized Crime
Act" be used by prosecutors to punish and deter only such activities.
186.2. For purposes of this chapter, the following definitions apply:
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(a) "Criminal profiteering activity" means any act committed or
attempted or any threat made for financial gain or advantage, which act
or threat may be charged as a crime under any of the following
(6) Extortion, as defined in Section 518.
(16) Grand theft, as defined in Section 487.
3.2 With full knowledge that LN ACQUISITIONS INC. lacked
standing to sue, Defendants Nick Iezza and LN ACQUISITIONS INC. chose
to commence a false action to obtain a judgment and property not
rightfully owed to them. (See Ex.A hereto). This conduct on the part of
these Defendants constitutes a plain violation PENAL CODE SECTION
186.1, 186.2(a)(6), 186.2(a)(16).
COUNT II: Conspiracy
PENAL CODE SECTION 182-185
182. (a) If two or more persons conspire:
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means
which are in themselves criminal, or to obtain money or property by
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false pretenses or by false promises with fraudulent intent not to
perform those promises.
3.3 Defendants Spiwak and Iezza Nick Iezza, and LN ACQUISITIONS
INC. made false representations to this Court to obtain property from
Complainant by representing LN ACQUISITIONS INC. as a party with
standing to sue as it has in this case. By doing so. these Defendants
have committed a plain violation of PENAL CODE SECTION 182(a)(3),
COUNT III: Extortion
PENAL CODE SECTION 518-527
518. Extortion is the obtaining of property from another, with
his consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of official
3.4 Defendants Nick Iezza , Spiwak and Iezza et al and LN
ACQUISITIONS INC. made false statements to the subject Court with the
objective of obtaining property from the Complainant not owed to them,
valued in excess of $400.00. Through such false statements as these
Defendants have made to the subject Court they have committed a plain
violation of PENAL CODE SECTION 518-527 Extortion.
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IV. MANDATORY NOTICE OF FOREIGN (federal) LAW.
4.1 Complainant hereby places California prosecutorial authorities on
mandatory notice as to the essential elements of certain federal
criminal provisions which appear to have been violated through the
conduct of the Defendants.
18 U.S.C. § 241 Conspiracy against rights. If two or more persons
conspire to injure, oppress, threaten, or intimidate any person in any
State, Territory, Commonwealth, Possession, or District in the free
exercise or enjoyment of any right or privilege secured to him by the
Constitution or laws of the United States, or because of his having so
exercised the same; or
If two or more persons go in disguise on the highway, or on the
premises of another, with intent to prevent or hinder his free exercise
or enjoyment of any right or privilege so secured -
They shall be fined under this title or imprisoned not more than ten
years, or both; and if death results from the acts committed in
violation of this section or if such acts include kidnapping or an
attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill, they shall be fined
under this title or imprisoned for any term of years or for life, or
both, or may be sentenced to death.
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18 U.S.C. § 242 Deprivation of rights under color of law.
Whoever, under color of any law, statute, ordinance, regulation, or
custom, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution or
laws of the United States, or to different punishments, pains, or
penalties, on account of such person being an alien, or by reason of
his color, or race, than are prescribed for the punishment of citizens,
shall be fined under this title or imprisoned not more than one year,
or both; and if bodily injury results from the acts committed in
violation of this section or if such acts include the use, attempted
use, or threatened use of a dangerous weapon, explosives, or fire,
shall be fined under this title or imprisoned not more than ten years,
or both; and if death results from the acts committed in violation of
this section or if such acts include kidnapping or an attempt to
kidnap, aggravated sexual abuse, or an attempt to commit aggravated
sexual abuse, or an attempt to kill, shall be fined under this title,
or imprisoned for any term of years or for life, or both, or may be
sentenced to death.
18 USC § 876 Mailing threatening communications.
(d) Whoever, with intent to extort from any person any money
or other thing of value, knowingly so deposits or causes to be
delivered, as aforesaid, any communication, with or without a name or
designating mark subscribed thereto, addressed to any other person and
containing any threat to
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injure the property or reputation of the addressee or of another, or
the reputation of a deceased person, or any threat to accuse the
addressee or any other person of a crime, shall be fined under this
title or imprisoned not more than two years, or both. If such a
communication is addressed to a United States judge, a Federal law
enforcement officer, or an official who is covered by section 1114, the
individual shall be fined under this title, imprisoned not more than 10
years, or both.
18 U.S.C. § 880 Receiving the proceeds of extortion. A person who
receives, possesses, conceals, or disposes of any money or other
property which was obtained from the commission of any offense under
this chapter that is punishable by imprisonment for more than 1 year,
knowing the same to have been unlawfully obtained, shall be imprisoned
not more than 3 years, fined under this title, or both.
18 USC § 1341 Frauds and swindles.- Whoever, having devised or
intending to devise any scheme or artifice to defraud, or for obtaining
money or property by means of false or fraudulent pretenses,
representations, or promises, or to sell, dispose of, loan, exchange,
alter, give away, distribute, supply, or furnish or procure for
unlawful use any counterfeit or spurious coin, obligation, security, or
other article, or anything represented to be or intimated or held out
to be such counterfeit or spurious article, for the purpose of
executing such scheme or artifice or attempting so to do, places in any
post office or
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authorized depository for mail matter, any matter or thing whatever to
be sent or delivered by the Postal Service, or deposits or causes to be
deposited any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier, or takes or receives
therefrom, any such matter or thing, or knowingly causes to be
delivered by mail or such carrier according to the direction thereon,
or at the place at which it is directed to be delivered by the person
to whom it is addressed, any such matter or thing, shall be fined under
this title or imprisoned not more than 20 years, or both. If the
violation affects a financial institution, such person shall be fined
not more than $1,000,000 or imprisoned not more than 30 years, or both.
18 USC § 1951 Interference with commerce by threats or violence.
(a) Whoever in any way or degree obstructs, delays, or affects
commerce or the movement of any article or commodity in commerce, by
robbery or extortion or attempts or conspires so to do, or commits or
threatens physical violence to any person or property in furtherance of
a plan or purpose to do anything in violation of this section shall be
fined under this title or imprisoned not more than twenty years, or
(b) As used in this section -
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(1) The term “robbery” means the unlawful taking or obtaining of
personal property from the person or in the presence of another,
against his will, by means of actual or threatened force, or violence,
or fear of injury, immediate or future, to his person or property, or
property in his custody or possession, or the person or property of a
relative or member of his family or of anyone in his company at the
time of the taking or obtaining.
(2) The term “extortion” means the obtaining of property from another,
with his consent, induced by wrongful use of actual or threatened
force, violence, or fear, or under color of official right.
(3) The term “commerce” means commerce within the District of
Columbia, or any Territory or Possession of the United States; all
commerce between any point in a State, Territory, Possession, or the
District of Columbia and any point outside thereof; all commerce
between points within the same State through any place outside such
State; and all other commerce over which the United States has
18 USC § 1957 Engaging in monetary transactions in property derived
from specified unlawful activity.
(a) Whoever, in any of the circumstances set forth in subsection (d),
knowingly engages or attempts to engage in a monetary transaction in
criminally derived property of a value
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greater than $10,000 and is derived from specified unlawful
activity, shall be punished as provided in subsection (b).
(b)(1) Except as provided in paragraph (2), the punishment for an
offense under this section is a fine under title 18, United States
Code, or imprisonment for not more than ten years or both.
(d) The circumstances referred to in subsection (a) are -
(1) that the offense under this section takes place in the United
States or in the special maritime and territorial jurisdiction of the
United States; or
18 USC § 1961 Definitions. As used in this chapter -
(1) “racketeering activity” means -
(A) any act or threat involving murder, kidnapping, gambling, arson,
robbery, bribery, extortion, dealing in obscene matter, or dealing in a
controlled substance or listed chemical (as defined in section 102 of
the Controlled Substances Act), which is chargeable under State law and
punishable by imprisonment for more than one year;
18 USC § 1962 Prohibited activities.
(a) It shall be unlawful for any person who has received any income
derived, directly or indirectly, from a pattern of racketeering
activity or through collection of an unlawful debt in which such person
has participated as a principal within the meaning of section 2, title
18, United States Code, to use or
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invest, directly or indirectly, any part of such income, or the
proceeds of such income, in acquisition of any interest in, or the
establishment or operation of, any enterprise which is engaged in, or
the activities of which affect, interstate or foreign commerce. . .
(b) It shall be unlawful for any person through a pattern of
racketeering activity or through collection of an unlawful debt to
acquire or maintain, directly or indirectly, any interest in or control
of any enterprise which is engaged in, or the activities of which
affect, interstate or foreign commerce.
(c) It shall be unlawful for any person employed by or associated with
any enterprise engaged in, or the activities of which affect,
interstate or foreign commerce, to conduct or participate, directly or
indirectly, in the conduct of such enterprise’s affairs through a
pattern of racketeering activity or collection of unlawful debt.
(d) It shall be unlawful for any person to conspire to violate any of
the provisions of subsection (a), (b), or (c) of this section.
18 USC § 1963 Criminal penalties.
(a) Whoever violates any provision of section 1962 of this chapter
shall be fined under this title or imprisoned not more than 20 years
(or for life if the violation is based on a racketeering activity for
which the maximum penalty includes life imprisonment), or both, and
shall forfeit to the United
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States, irrespective of any provision of State law -
(1) any interest the person has acquired or maintained in violation of
(2) any -
(A) interest in;
(B) security of;
(C) claim against; or
(D) property or contractual right of any kind affording a source of
influence over; any enterprise which the person has established,
operated, controlled, conducted, or participated in the conduct of, in
violation of section 1962; and . . .
4.2 One needn’t press their imagination to envision Defendants landing
within the elements of the federal statutes above, and that fact
fortifies greatly the validity of this complaint. To bring false
litigation to obtain literally hundreds of thousands of dollars worth
of property, using attorneys and involving public officials in their
scheme against parties who owe them nothing, is surely a violation of
state and federal laws alike.
5.1 Complainant (undersigned) brings this criminal complaint in good
faith and as required by law, and he believes in full that the
allegations of lawlessness on the part of the
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Defendants above named are true and correct, and that they
constitute the crimes alleged herein, acts for which Complainant seeks
the full imposition of all sanctions provided for by law.
5.2 I, Al Cintra-Leite, do hereby declare under penalties of perjury
that the statements and allegations made herein are true and correct to
the very best of my individual knowledge, and that no material falsity
is believed to exist, nor has any been made or uttered in relation to
any fact or records relied upon in support of my belief.
FURTHER THE AFFIANT SAITH NAUGHT:
Dated this March _______, 2008
Respectfully submitted-Al Cintra-Leite
Executed this _____ day of the month of September 2009.
Al Cintra-Leite, Affiant/Complainant
5.3 The above affirmation was subscribed and duly
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sworn to before me this ___ day of the month of _________, 200, by Al
5.4 I, _____________________, am a Notary under license from the State
of California whose Commission expires __________, and be it known by
my hand and my Seal as follows:
Dated:______________ Respectfully submitted:
(address of convience)
1923- A El Camino Real
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