Santos v. Network of Al-Queda Attorneys

• Decision Date: 05 April 2012
• Docket Number: 12-CV-1102 (JFB)(WDW)
• Parties: MOSES SANTOS AND MELODY MORSE, Plaintiffs, v. NETWORK OF AL-QUEDA ATTORNEYS, RICHARD BLUMBERG, ESQ., RUSSELL TISMAN, ESQ., FORCHELLI, CURTO, DEEGAN, SCHWARTZ, MINEO, COHN & TERRANA, LLP, WANDA SELINGER, ESQ. A/K/A GLANSTEIN, 1 NASSAU/SUFFOLK LAW SERVICES COMMITTEE, INC., PAM BOERNER, INDIAN HEART PROPERTIESA/K/A/ COLLIN GREENE A/K/A ROBIN COLIN- GREENE,ESQ., RGOM - RESTHAVEN GARDENS OF MEMORY, FIND THE RIGHT LAWYER REFERRAL SERVICE A/K/A ROCHELLE SIMONSON, BOB CALOY A/K/A WARREN SIMONSON A/K/A BOB SIMONSON, CHARLES BELFI, BELFI INVESTMENT GROUP, WILLIAM GOLDMAN SCHER, ESQ., GREGG WEINSTOCK, ESQ., WILLIAM BUCKLEY, ESQ., GARBARINI AND SCHER, ROBERT RADMAN, ESQ., LAW OFFICES OF ROBERT RADMAN, JEFFREY MCNABB, ESQ., LEIGH MICHELE NEMETZ, ESQ., MAUREEN REID, ESQ., BAKER BOTTS, SECURITY SERVICE FEDERAL CREDIT UNION, STEVE CHAJKEWICZ, JOHN CIAMPOLI, ESQ., COUNTY OF NASSAU, SHERIFF OF NASSAU COUNTY, PETER LASERNA, ESQ., LIORA M. BEN-SOREK, ESQ., GEORGE W. WRIGHT, ESQ., GEORGE W. WRIGHT & ASSOCIATES, NETWORK MOVING & TRUCKING CO., INC., NOAH M. WEISSMAN, ESQ., VIRGINIA SAYER, ESQ., BRYAN CAVE, CITY MORTGAGE, DOROTHY O. NESE, ESQ., ANN ZYBERT, ESQ., DISTRICT COURT OF NASSAU COUNTY AND THE STATE OF NEW YORK, Defendants.
• Court: U.S. District Court — Eastern District of New York

MOSES SANTOS AND MELODY MORSE, Plaintiffs, v. NETWORK OF AL-QUEDA ATTORNEYS, RICHARD BLUMBERG, ESQ., RUSSELL TISMAN, ESQ., FORCHELLI, CURTO, DEEGAN, SCHWARTZ, MINEO, COHN & TERRANA, LLP WANDA SELINGER, ESQ. A/K/A GLANSTEIN, 1 NASSAU/SUFFOLK LAW SERVICES COMMITTEE INC., PAM BOERNER, INDIAN HEART PROPERTIESA/K/A/ COLLIN GREENE A/K/A ROBIN COLIN- GREENE,ESQ., RGOM - RESTHAVEN GARDENS OF MEMORY, FIND THE RIGHT LAWYER REFERRAL SERVICE A/K/A ROCHELLE SIMONSON, BOB CALOY A/K/A WARREN SIMONSON A/K/A BOB SIMONSON, CHARLES BELFI, BELFI INVESTMENT GROUP, WILLIAM GOLDMAN SCHER, ESQ., GREGG WEINSTOCK, ESQ., WILLIAM BUCKLEY, ESQ., GARBARINI AND SCHER, ROBERT RADMAN, ESQ LAW OFFICES OF ROBERT RADMAN, JEFFREY MCNABB, ESQ., LEIGH MICHELE NEMETZ, ESQ. MAUREEN REID, ESQ., BAKER BOTTS, SECURITY SERVICE FEDERAL CREDIT UNION, STEVE CHAJKEWICZ, JOHN CIAMPOLI, ESQ., COUNTY OF NASSAU, SHERIFF OF NASSAU COUNTY, PETER LASERNA, ESQ., LIORA M. BEN-SOREK, ESQ., GEORGE W. WRIGHT, ESQ., GEORGE W. WRIGHT & ASSOCIATES, NETWORK MOVING & TRUCKING CO., INC., NOAH M. WEISSMAN, ESQ., VIRGINIA SAYER, ESQ., BRYAN CAVE, CITY MORTGAGE, DOROTHY O. NESE, ESQ., ANN ZYBERT, ESQ., DISTRICT COURT OF NASSAU COUNTY AND THE STATE OF NEW YORK, Defendants.

12-CV-1102 (JFB)(WDW)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date: April 5, 2012

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Pro se plaintiffs Moses Santos ("Santos") and Melody Morse ("Morse") (together, "plaintiffs") filed their 224 page complaint (exclusive of exhibits)¹ on March 6,2012 against the forty-one (41) defendants, namely the Network of al-Queda Attorneys ("the Network"), Richard Blumberg, Esq. ("Blumberg"), Russell Tisman, Esq., ("Tisman"), Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana, LLP ("Forchelli, LLP"), Wanda Selinger, Esq. a/k/a Glanstein ("Selinger"), Nassau/Suffolk Law Services Committee, Inc. (Nassau/Suffolk Law Services"), Pam Boerner ("Boerner'), Indian Heart Properties a/k/a/ Collin-Greene a/k/a Robin Colin-Greene, Esq. ("Indian Heart"), RGOM-Resthaven Gardens of Memory ("Resthaven"), Find the Right Lawyer Referral Service a/k/a Rochelle Simonson ("Lawyer Referral"), Bob Caloy a/k/a Warren Simonson a/k/a Bob Simonson ("Caloy"), Charles Belfi ("Belfi" or "landlord"), Belfi Investment Group ("Belfi I.G."), William Goldman Scher, Esq. ("Scher"), Gregg Weinstock, Esq. ("Weinstock"), William Buckley, Esq. ("Buckley"), Garbarini and Scher, ("Garbarini"), Robert Radman, Esq. ("Radman"), Jeffrey McNabb, Esq. ("McNabb"), Leigh Michele Nemetz, Esq. ("Nemetz"), Maureen Reid, Esq. ("Reid"), Baker Botts ("Baker"), Security Service Federal Credit Union ("Credit Union"), Steve Chajkewicz ("Chajkewicz"), John Ciampoli, Esq. ("Ciampoli"), County of Nassau ("Nassau County"), Sheriff of Nassau County ("Sheriff'), Peter A. Laserna, Esq. ("Laserna"), Liora M. Ben-Sorek, Esq. ("Ben-Sorek"), George W. Wright, Esq. ("Wright") George W. Wright & Associates ("Wright & Associates"), Network Moving & Trucking Co., Inc. ("Network Moving"), Noah M. Weissman, Esq. ("Weissman"), Virginia Sayer, Esq. ("Sayer"), Bryan Cave, City Mortgage, Dorothy O. Nese, Esq. ("Nese"), Ann Zybert, Esq. ("Zybert"), District Court of Nassau County ("Nassau District Court") and theState of New York ("NY State"), purporting to allege that the defendants, individually or in conspiracy, violated a myriad of criminal statutes, including those governing the use of weapons of mass destruction, bombings of places of public use, embezzlement, conspiracy to kill U.S. citizens, espionage, treason and sabotage. Notwithstanding plaintiffs' payment of the filing fee, for the reasons set forth below, their complaint is sua sponte dismissed with prejudice.

I. Background

Morse, who is no stranger to this Court, together with Santos, have filed an unintelligible, 304-page complaint (including exhibits)² comprised of some 2,289 disjointed paragraphs that appear to re-allege various claims of fraud and other illegal conduct including alleged civil rights violations arising from a 2009 summary/nonpayment eviction proceeding in Nassau County District Court involving Morse. Morse had filed a similar action in this Court on June 18, 2010, Morse v. Boerner, et al, 10-CV-2811(JFB)(WDW), against many of the same defendants here. The undersigned sua sponte dismissed the 2010 complaint by Order dated July 29, 2010 on various grounds, including that: (1) the Court lacked subject matter jurisdiction; (2) the Rooker-Feldman doctrine barred plaintiffs claims; (3) there was no private right of action under the federal criminal statutes that were allegedly violated; and (4) a failure to comply with the requirements of Federal Rule of Civil Procedure 8. However, Morse was afforded leave to file an amended complaint, which she did on August 27, 2010.

Upon careful review, the Court sua sponte dismissed the amended complaint, finding thatMorse's federal claims were frivolous. See Memorandum and Order, dated August 10, 2011, Bianco, D.J. Morse appealed that decision, and, by Order Dated January 11, 2012 the United States Court of Appeals for the Second Circuit dismissed the appeal "because it lack[ed] an arguable basis in law or fact." See Morse v. Belfi Investment Group, et al, 1 l-CV-3662. Morse filed a motion for reconsideration of that dismissal and, by order dated January 27, 2012, the panel that dismissed her appeal denied motion for reconsideration. The instant complaint followed.

II. The Instant Complaint

Though largely unintelligible, the Court can best discern that plaintiffs allege that a network of lawyers, judges and other public officials are conspiring to assist terrorist organizations, particularly al-Queda. Plaintiffs appear to allege that the rental house in which Morse lived and that was the subject of the underlying state court eviction proceeding was actually "one of al-Queda network's house rentals [used to house Sleeper Cells or alternately to kill unsuspecting Americans by poison - Carbon Monoxide]." Comp. at ¶ 104. Plaintiffs allege that the underlying eviction proceeding involving Morse was "due to the forgery, fraud, and fraudulent misrepresentation of another party not in the submitted paperwork .... Id. at ¶ 7. As a result of the dismissal of Morse's federal complaint challenging the state court eviction proceeding, plaintiffs claim that the undersigned "helped clear the way for the National Network of al-Queda Attorneys' invasion plans still to come." Id. at ¶ 13.

Plaintiffs appear to claim that Morse was entitled to a default judgment in the earlier federal action and, because of the conspiracy amongst the defendants and the Court (due to their alleged al-Queda connection), no default judgment was entered. Id. at ¶ 19-29. According to theComplaint, "Tisman admitted by fraud that he represented an al-Queda agent and still the Judge let him win." Id. Plaintiffs allege that Boerner is a real estate agent in Texas who is also an al-Queda agent. Id. at¶ 15. Plaintiffs also appear to allege that the undersigned is an "al-Queda agent of the Network of al-Queda Attorneys and a double-agent for al-Queda under the guise of America." Id. at¶¶ 19,107-08.

The Complaint continues:

Upon information and belief, the trail keeps returning to COUNTY OF NASSAU. Why is a Municipality, using taxpayer money to hire an assassin with other attorneys and defendants, using taxpayer money for treason, have a connection with Saudi Arabia maybe for guns and get money in return. They are supposed to work for the citizens of Nassau County, not become a terrorist organization with taxpayer money. They know about tax fraud and as long as they receive a money kick back they do not object to breaking the law.

. . .

... since SSFCU³ is receiving money from a dead person, as stated in death certificate [], they must be in the business of laundering money to the al-Queda network of Sleeper Cells.... [A]n abundance of houses are owned in Texas, New York and all across the country, using the wealth of American real estate to launder and fund money through SCCFU in San Antonio, Texas to Rochester, New York Saudi Arabian owned-Citibank's fraudulent company name, "CITY MORTGAGE" [real name "CitiMortgage"] and who knows what else is being traded to al-Queda to wage war against all Americans. They are using us to fund them for our demise. Wake up and smell the coffee.

Compl. at ¶¶ 40-41.

Plaintiffs allege that:

... State of New York Attorney Generals [sic] Dorothy O. Neses [sic] and Ann Zybert, Assistant Solicitor General did conspire withother attorneys in the prior two cases, knowing it was for illegal purpose to fund the enemy of the U.S., al-Queda for a percentage of the profit and knowing the law was being broken but did nothing to object or stop it.... [A] team of investigators were [sic] hired due to the very strange and uncooperative behavior coming from Judge Bianco in addition to the fact that it appeared that law has been outlawed by price alone.

Id. at ¶¶ 47-48. According to the complaint, Boerner, who is alleged to use several aliases, "is working directly with BLUMBERG, TISMAN and all the partners in FORCHELLI to recruit attorneys for the NETWORK OF AL-QUEDA ATTORNEYS furthering the cause of al-Queda Sleeper Cells living in America to become operative at some point in time." Id. at ¶ 60. Plaintiffs also claim that Blumberg and Tisman, together with Resthaven Gardens of Memory graveyard, conspired to re-use social security numbers of deceased individuals "for al-Queda Sleeper Cells identification as well as new occupations are provided for them." Id. at ¶ 65. Plaintiffs describe that "coffins are being used to transport Sleeper Cells, using oxygen tanks, WITH NO ONE LOOKING, as well as transporting WEAPONS OF MASS DESTRUCTION (USA PATRIOT ACT § 233 lb), that is bypassing Customs, Border Patrols, and the Military. It appears that they are waiting for an invasion." Id. at ¶ 68. Plaintiffs theorize that

one possible scenario would be

...