MALFEASANCE

The West Virginia Supreme Court of Appeals summarized a number of the definitions of malfeasance in office applied by various appellate courts in the United States.

Malfeasance has been defined by appellate courts in other jurisdictions as

a wrongful act which the actor has no legal right to do;

as any wrongful conduct which affects, interrupts or interferes with the performance of official duty;

as an act for which there is no authority or warrant of law;

as an act which a person ought not to do;

as an act which is wholly wrongful and unlawful;

as that which an officer has no authority to do and is positively wrong or unlawful;

and as the unjust performance of some act which the party performing it has no right, or has contracted no, to do.

The court then went on to use yet another definition;

"malfeasance is the doing of an act which an officer had no legal right to do at all and that when an officer, through ignorance, inattention, or malice, does that which they have no legal right to do at all, or acts without any authority whatsoever, or exceeds, ignores, or abuses their powers, they are guilty of malfeasance."

Corporate Malfeasance

Malfeasance in Office

Misfeasance in Public Office

Following are examples of MALFEASANCE and lack of leadership within the LEGAL and the JUSTICE SYSTEM which includes letters from retired member ANTHONY JASICH to different public bodies, including and not limited to, THE LAW SOCIETY OF BRITISH COLUMBIA, regarding a case of property theft, allegedly involving also lawyers and Canadian Imperial Bank of Commerce(CIBC).

The following evidence provided to the courts, including the Supreme Court of Canada, by Mr. ANTHONY JASICH who was acting as a pro bono legal counsel for Mr. Gaffney, an alleged victim of foreclosure fraud by way of a fraudulent bankruptcy, was refused, on the basis that he was not counsel on record.

CONFLICT OF INTEREST

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The documents below are regarding letters to the Supreme Court of Canada (SCC) alleging factual errors in the Summary of Facts, prepared by lawyers of the SCC, in the case of Harold C. Gaffney v. In the Matter of the Bankruptcy of Sheila Frances Gaffney and A. Farber & Partners Ltd. a.k.a Kenneth A. Rowan (Trustee) (B.C.) (Civil) (By Leave) (32316).

J4Y was informed that JASICH's letter dated May 6,08, to SCC was refused by Registrar Anne Roland, on the basis that he was not solicitor on record and therefore the lawyers at the SCC would not forward, to the panel judges, the letter outlining the factual errors, requesting corrections.

A Summary of Facts for File #32316 indicates that factual errors appears to have been made intentionally by the lawyer at the SCC, who prepared the Summary of Facts, for the panel of judges.

A document indicates that Registrar Anne Roland a French National, has given the apperance she obstructed the course of justice, by attempting to deceive Harold Gaffney, when she made it appear as though she had made the necessary corrections to the Summary of Facts, of Harold C. Gaffney v. In the Matter of the Bankruptcy of Sheila Frances Gaffney and A. Farber & Partners Ltd. a.k.a Kenneth A. Rowan (Trustee) (B.C.) (Civil) (By Leave) (32316)when in fact she failed to correct the factual errors on all the separate pages of the SCC website and she appears to have been unwilling to forward the corrections to the three (3) judges, who had reviewed Harold Gaffney's application for leave to appeal.

A subsequent letter Dated Nov. 3, 08, to Registrar Anne Roland and to Eugene Meehan was delivered by Mr. Gaffney, regarding the alleged fraud committed at the SCC by lawyers preparing Summary of Facts for judges.

Following is the SCC Summary of Harold Gaffney's case, wherein the document shows at p. 31 that Registrar and lawyer Anne Roland did not correct the Summary of Facts as she alleged on all the SCC website pages.

Evidence of Bankruptcy Fraud at page 31

J4Y was informed that when Registrar lawyer Anne Roland was pressed by Mr. ANTHONY JASICH and by the bankrupt-spouse Mr. Gaffney to forward the corrections she made to the three (3) judges, who reviewed the case, she allegedly resigned from her position as Registrar of the SCC.

No announcements were made to the public regarding Registrar Anne Roland of her sudden departure.

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Due to Mr. Jasich's involvement with the case noted above, CIBC lawyer Stephen Alsace made a complaint against him to the Law Society of British Columbia.

You can read more about MR. JASICH'S CITATION

If you suspect CANADA IS SOFT ON WHITE COLLAR CRIME ex-mounties (RCMP) have news for you: It is worse than you think.

British Columbia or Columbia

The following link is worth a read, as a former lawyer by the name of John Carten, exposes what he claims to be highest corruption in Canada.

Water Crimes

The saying, you are only as sick as your secrets fits for all of us, including and not limited to, all professionals, who wittingly keep silent when they see crimes being committed.

In a book entitled, Malice-Aforethought: How Lawyers Use Our Rules to Get Rich, Get Sex, Get Even, and Get Away Wth It, the author, David Marston, claims that lawyers who breach their code of professional conduct, fall into four (4) categories, and one of them is:

"Lawyers who cooperate when they know there is a bad lawyer at work. Such lawyers may go through the steps but will not go up against the system on behalf of his client. These David Marston calls, "Unindicted co-conspirators".

What Marston may not be aware of is, when men refuse to lead properly, dire consequences for a society occurs.

What Happens When Men Refuse to Take the Lead

The Weak Silent Type

EPHESIANS ch. 5-11 to 5-13 said it best:

Do not participate in the unfruitful deeds of darkness, but instead expose them;

for it is disgraceful even to speak of the things which are done by them in secret;

But all things become visible when they are exposed by the light, for everything that becomes visible is light.

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Following is an email from Harold Gaffney delivered on Wednesday, March 19, 2008, to reporter journalist Joey Thompson of the Province, regarding an article she wrote about a Realtor, by the name of Noella Neale.

Noella Neale was the listing agent for the sale of the property of Harold Gaffney.

On April 20, 2009, Noella Neale wrote to Justice4you asking to remove the letter posted on this website which had been emailed by Harold Gaffney to Joey Thompson, on the basis that Mr. Gaffney's version of facts are untrue and her version of facts are the ones that should be relied on.

Realtor Noella Neale did provide her versions of facts to J4Y regarding the alleged sale of Harold Gaffney's property at 312-450 Bromley Street, which will be posted on this website when Ms. Neale gives her permission.

It appears that the same set of facts provided by Ms. Noella Neale to J4Y, may also be the same set of facts circulated by lawyer R. Keith Oliver and his colleagues, to all level of courts, including the Supreme Court of Canada and to law enforcement.

Further, if the email of Noella Neale dated April 20, 09, is any indication of how the lawyers have misrepresented the facts of the case to benefit themselves, than it is apparent as to why Mr. Gaffney was denied his application for leave to the SCC.

Note that Mortgage Fraud is a consorted effort, that usually involves many different people, including and not limited to, lawyers; notaries; realtors; appraisers; financial institutions and even the courts.

Real Estate and Mortgage Fraud is big business for those involved in the scam and detriment to the rest of the people, as apparent with the financial crises around the globe. In fact many realtors are fronting for lawyers and for members of organized crime.

Realtor Pleads Guilty in Mortgage Fraud Scam

The letter of Mr. Gaffney to Joey Thompson is as follows:

Wednesday, March 19, 2008

Hello Ms. Joey Thompson,

I refer to your article of March 03, 2008, for which I attach a copy, entitled, Realtor looses 150,000 Aeroplan miles -- A new meaning of loyalty is not necessarily a better one. Your article was supposed to be about a person who has had a wrong done to them by a corporation.

Noella Neale looses points

In your first paragraph, you begin by giving credibility to Noella Neale, as having a solid reputation as a Realtor in the lower mainland. You further referred to Noella Neale as being, an enterprising real estate agent.

I would like to elaborate further regarding Noella Neale, and how enterprising she really is or not as a Realtor however I have a gag order against me dated December 11, 07, for which I attach a copy, that stipulates, inter alia, I cannot publish any information already obtained by myself by means of past investigation into the private affairs of Noella Neale or the purchasers.

Justice Grant Burnyeat, who before he was appointed in 1996 to the bench, was the leading mortgage foreclosure in all of British Columbia and possibly all of Canada, and is reputed to have single-handedly foreclosed more than 40 percent of all the mortgage foreclosures in British Columbia, for major banks but mostly for CIBC, did not specify what he meant by Private affairs and by failing to particularize his directions, he has trampled not only on my rights to freedom of speech but he has also trampled on anyone who comes across his order to report on Noella Neales dealings, which is of public interest.

Further, Justice Burnyeat, who knew or must have known that the straw buyers, going by the names of Brent Tremain and Mariana Oviedo Ovando, were not able to raise the funds to buy my property, prior to or after giving up possession of my home at 312-450 Bromley Street, in Coquitlam, ordered that myself and others who come across his Order, are not allowed to contact the alleged purchasers.

The intention of the judges order was also to make sure that I would not contact the solicitor of the buyers because I was not supposed to know who the solicitor was and I had to accept, without even seeing the lawyer for the alleged purchasers, that my property was being sold for less than what was offered.

Subsequently, I and others, who have evidence of Noella Neale as being an enterprising real estate agent are restrained to publish any information obtained through the land title office and other public bodies.

This is to say that myself and others have been censored and deprived from a very fundamental principle in law to publish matters of public interest, which would expose a racket that involves Noella Neale, an appraiser, two or more solicitors, the B.C. Land Title Office, the BC Law Society, CIBC, a large law firm, Re/Max and others.

When Justice Grant Burnyeat issued his order, he knew or must have known that he was facilitating a fraud.

In effect, his order shows to be a leading example of innovative crime developed right here in the lower mainland of Vancouver, British Columbia. It is in the public interest that such orders are never issued again for very obvious reasons.

Keep in mind Joey that my property ordered sold by the court was not a foreclosure but the Realtor and the lawyers treated it as if it was.

You may want to seriously consider Joey, if you are not entangled with Ms. Noella Neale in any way, to really find out how exceptional Noella Neale is as a Realtor by doing some journalist investigation, do the research and ask the serious questions, as I have done and you should obtain the same evidence that I have gathered through public bodies.

Law enforcement in the US especially, should be interested in knowing exactly how industry insiders professionals in British Columbia are contributing to what is being witnessed in the USA.

Those like Noella Neale, who is touted by yourself as having a great reputation as a Realtor, is one of those individuals.

Harold Gaffney