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Complaint vs LN

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  • stonekutteral
    More for the 9th.... Al Cintra-Leite C/o 1923-A El Camino Real San Mateo , California SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO CASE NUMBER
    Message 1 of 1 , Sep 3, 2009
      More for the 9th....
      Al Cintra-Leite
      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 .








      page 1 of 19


      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
      Califorrnia statutes.
      LN Acquisitions Inc.
      LN Aquisitions
      Spiwak and Iezza
      Nick Iezza
      Kelly Sweeny
      Crystal Gates
      Mann Bracken
      Wolpoff Abramson
      Does 1- 100 inclusive
      DEFENDANTS.
      ____________________________________________________
      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
      they lacked

      page 2 of 19


      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
      been added.
      Complainant Cintraleite has for the purposes of this complaint the
      mailing address of convienience of 1923-A S. El Camino Real, San
      Mateo, California
      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
      under

      page 3 of 19


      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
      Dept 1993)."
      "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

      page 5 of 19



      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 §
      13-101."

      See Deutsche Bank Natl. Trust CO v Castellanos, 2007 NY Slip Op
      50978(U), decided on May 11, 2007 (Supreme Court, Kings County,
      Brooklyn, NY).

      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
      culpable.

      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.



      page 6 of 19

      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:



      page 7 of 19

      (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
      sections:
      (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


      page 8 of 19

      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),
      182(a)(4), Conspiracy.

      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
      right.
      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.
      page 9 of 19


      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.


      page 10 of 19

      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

      page 11 of 19

      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
      both.
      (b) As used in this section -


      page 13 of 19

      (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
      jurisdiction.

      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


      page 14 of 19

      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

      page 15 of 19



      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

      page 16 of 19

      States, irrespective of any provision of State law -
      (1) any interest the person has acquired or maintained in violation of
      section 1962;
      (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.

      V. VERIFICATION.

      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

      page 17 of 19

      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
      ______________________________________

      Complaintant
      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
      Cintra-Leite
      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:



      ___________________________
      Notary signature
      Dated:______________ Respectfully submitted:
      ___________________
      Al Cintra-Leite
      (address of convience)
      C/O Tattoo
      1923- A El Camino Real
      San Mateo
      California





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