Censured Lawyer Causes Three Hawaii Judges to be Implicated in Judicial Corruption Scandal
Tax Evading Drug Dealing Lawyer, Paul J. Sulla, Jr., Causes Three Judges to be Charged in Civil Action with Obstruction of Justice: Judicial Corruption Scandal Headed for Federal Court
Hilo, HI (Apr. 25, 2015)—A publicly censured lawyer disciplined for arguing like “a reckless man” for tax evasion, now known to be illegally manufacturing a dangerous narcotic hallucinogen promoted as “the God molecule,” has caused a judicial corruption scandal to erupt in Hawaii implicating three Third Circuit Court judges.
Attorney Paul J. Sulla, Jr. was disqualified in lawsuits for instructing clients to launder money through sham “religious” trusts. The 67 year-old marijuana rights activist has been operating his own “drug church” manufacturing and trafficking the Schedule 1 narcotic “DMT” under officials’ watchful eyes for years. And now he has caused three Hawaii judges to face civil charges for evidence tampering, witness tampering, obstruction of justice, and aiding-and-abetting a racketeering organization Sulla controls along with more than fifty Hawaii properties.
According to legal records filed on April 22 in the Third Circuit Court of Hawaii, Kona Division, an unprecedented judicial corruption scandal has erupted stemming from disqualified lawyer Sulla not leaving a famous doctor alone. For the past ten years, Sulla, and his purported “clients,” have been persecuting and maliciously prosecuting Dr. Leonard G. Horowitz, a widely known public health expert, drug industry critic, and medical pioneer.
Unlike most faceless victims of foreclosure fraud and organized crime, Horowitz is a celebrity. He has been a consumer defender and award-winning author for a quarter century. His books, films, and pioneering research have made him loved internationally. His discoveries in resonance energy, and their musical applications, just caused Bono to record his featured track, Iris (on U2’s latest album, dedicated in loving memory to Bono’s mother) in Horowitz’s recommended frequency of “LOVE/528Hz.” Dr. Horowitz evidences “medicinal music” can be made from frequencies used by nature to cure a host of diseases from infections to cancers.
“Bees sweeten honey buzzing at 528Hz for the same reason green plants reflect sunshine in 528nm of light, and resonate oxygen at that frequency.. They both sweeten and sustain life with the energy of love,” the Harvard-trained public health expert says.
“The “Hara File,” and Judge Hara’s malpractices, were concealed by fellow lawyers and Judge Ibarra to avert the political scandal and “impression of impropriety” damaging the judiciary, Governor Lingle, and the Republican Party.”
Observers consider Horowitz’s many enemies and wonder if his persecution in the Third Circuit sources from the darker side of political science. The 63-year old author of dozens of scientific reports and seventeen books is considered a hero in many circles for publishing the most controversial evidence in medical history concerning the man-made origin of HIV/AIDS. Horowitz’s information is believed to have caused the World Health Organization’s AIDS Czar, Jonathan Mann, to quit his post, blaming financial forces for the imposition of AIDS on civilization. As a health science intelligence analyst, Horowitz publications are honored internationally. Ret. Col. Jack Kingston, Strategic Planner for the Joint Chief’s of Staff at the Pentagon, and Past Chairman of the National Security Advisory Board, Washington, wrote about Mr. Sulla’s adversary: “In my estimation Dr. Horowitz has unearthed a covert operation run amok, that is bigger than any secret operation in U.S. history, and more momentous in it’s implications to humanity than the atomic weapons ‘Manhattan Project’ of World War II.”
And when President Obama’s disparaged spiritual counsel, Rev. Jeremiah Wright, was criticized for stating with absolute certainty, AIDS was loosed to target people of color, he defended at the National Press Club” “Have you read Dr. Leonard Horowitz’s book, Emerging Viruses: AIDS and Ebola–Nature, Accident or Intentional?”
But Horowitz wasn’t so smart when he became a defendant facing fraudulent foreclosure by a predicate felon convicted of trafficking marijuana on the property. The doctor hired high-profile politically-positioned lawyers to defend against the seller, Cecil Loran Lee, and they ended up conspiring to undermine Horowitz’s defense.
Lee died in 2009 without a will, effectively leaving his bankrupt estate to a sham church that Sulla and Lee quickly concocted. The two men worked so fast to evade Lee’s five judgement creditors, that the “church” did not even legally exist at the time Sulla filed fake paperwork with the State, thereby conveying Horowitz’s void mortgage and notes into the shell corporation.
Then, after all the illegal transfers were made, and after Sulla conducted a fraudulent non-judicial foreclosure auction using Hester as the only bidder, Sulla illegally attempted to conceal his crimes by appointing himself, under Hester’s disquise, as Lee’s beneficiary, claiming Hester–a homeless drifter–was Lee’s “grandnephew” an rightful heir.
(CLICK HERE to download and read Dr. Horowitz’s Motion to Disqualify Judge Ronald Ibarra for Judicial Bias.)
Horowitz’s Motion to Disqualify Judge Ronald Ibarra Summarizes the Case
Within days of Judge Ronald Ibarra appearing in court to replace Judge Elizabeth Strance, Horowitz filed a motion to disqualify him.
Horowitz’s motion highlights his ten-year long foreclosure struggle in which Chief Justice Ibarra of the Third Circuit tampered with evidence to cover-up the malpractices of his subordinate, and Judge Strance’s associate, Judge Glenn S. Hara of Hilo.
Judge Hara was Horowitz’s first defense attorney before Republican Governor Linda Lingle appointed “attorney Glenn Hara” to Ibarra’s administration in 2004.
During those ten years, Sulla’s group of Big Island marijuana and ayahuasca “church-goers” have aided-and-abetted Sulla’s real estate enterprise and foreclosure fraud schemes to steal the doctor’s property.
Affidavits from “church-goers,” and even Sulla’s drug-makers, have confirmed Sulla’s criminal enterprise. It is substantial. Multiple Sulla-formed “churches,” trusts, and businesses now control more than fifty Big Island properties. He and his son’s illegal activities as “head priests” and “shamans” commercializing in dangerous “ayahuasca tourism” on the Big Island has grown dramatically risking the community’s health and safety, according to Horowitz and a consensus of social and medical scientists studying the ayahuasca cult’s commercialization and alarming spread.
During the past decade, Sulla’s racketeering enterprise has been fueled by real estate associates (pictured above) W. Augustaz Elliott of Hamakua Coast Realty, and Forrest Arnold of Hawaii Green Realty. Their online marketing videos attract gullible emotionally-impaired men, women, and tourists to Hawaii for ceremonies and “Warrior Program” retreats promoting “community medicine.” These risky and illegal operations are increasingly being exposed for damaging people; and the legal contract citizens must sign to participate in the Mankind Project and at Sulla’s ayahuasca “church” clearly evidences grave risks.
Political Implications of the Judicial Corruption
In addition to real estate agents, notaries, process servers, other lawyers, negligent prosecutors Roth and Damerville, and judges Ronald Ibarra, Glenn S. Hara, and outcast Judge Strance, have aided-and-abetted Sulla’s racketeering enterprise and compounded the doctor’s damages by their willful blindness or direct involvements.
New evidence and recent hearings compelled Horowitz’s civil indictment of the Third Circuit Court judges. During a summary judgment hearing held on April 17, 2015, Judge Ibarra appeared to replace Judge Strance, and sought to disqualify the doctor’s standing to plead on behalf of his ministry and his personal investments in the property. By all rights, the property is owned by the doctor and his fiance’, Sherri Kane, after Horowitz transferred title and ownership to himself as the co-signor and personal investor on the mortgage note before his ministry was brought by Sulla to the brink of bankruptcy, and the “corporate sole” was dissolved.
In the doctor’s motion to disqualify Judge Ibarra, attached exhibits clearly and convincingly show Judge Ibarra tampered with evidence that implicated his subordinate, Judge Hara. This act of obstructing justice administered fraud upon the judge’s own court, as evidenced by the two pages reprinted below.
Judge Hara–the doctor’s first defense counsel– conspired with the doctor’s second defense lawyer, John S. Carroll, to conceal the “Hara File” evidence.
Before the trial, in an ex parte communication to Horowitz’s attorney, Judge Ibarra prejudicially stated that he was going to reward Lee, regardless of what the jury decided. This was made known to Dr. Horowitz by an e-mail from Carroll.
Later, at trial, Judge Ibarra witnessed Carroll’s concealment of the Hara File. The Chief Justice also repeatedly denied efforts by Carroll, and the previously defrauded intervenor, Phillip Maise, from entering into evidence an assortment of Lee’s forgeries, and documents Sulla’s “client” had manufactured to defraud Judge Gregg Nakamura in two earlier related cases.
Carroll, a perennial Republican candidate for governor, conspired to cover-up Hara’s malpractices rather than serve Horowitz’s foreclosure defense. The complicit court officers tampered with witnesses and conspired with Hara to leave Horowitz compromised during the foreclosure trial in 2008. At trial, felon Lee–the foreclosing mortgagee and repeat forger–blamed Horowitz for altering a closing document that Judge Hara, as Horowitz’s attorney, had actually drafted for the doctor improperly, making Ibarra’s subordinate, and Linda Lingle’s appointee, liable for malpractice, damages, political fallout, and simply unwilling to be summoned as a witness to the fraud and crime.
The “Hara File,” and Judge Hara’s malpractices, were concealed by fellow lawyers and Judge Ibarra to avert the political scandal and “impression of impropriety” damaging the judiciary, Governor Lingle, and the Republican Party. Instead, the court officers permitted Horowitz to be maliciously prosecuted for a decade at untold costs to taxpayers, and more than $6 million in damages to the doctor, his professional reputation, consumer activism, book and film productions, health products businesses, and civil rights.
The three Big Island judges are evidenced in the latest court filings aiding-and-abetting Sulla–who was Publicly Censured by the Supreme Court of Hawaii, and repeatedly disqualified as an attorney, for directing his clients to form “religious” trusts to launder money and evade taxes, according to Tax Court records. (See: US Tax Court Disqualifies Sulla Necessary Witness in Tax Fraud; and also: Star Advertiser: Gun dealer convicted of fraud conspiracy and income tax evasion by following Sulla’s scheme)
In this case, Sulla used a similar “religious” trust scheme to commit a series of fraudulent transfers of Horowitz’s mortgage and notes, and then maliciously prosecuted the doctor in the name of his sham “church,” depriving the public health expert of his rights to a fair trial in defense against Sulla’s outrageously fraudulent foreclosure scheme.
Sulla’s non-judicial foreclosure auction was caught on video and published on the Internet before Judge Strance enjoined it by granting Sulla a restraining order for claimed defamation. It took Horowitz, and his partner, investigative journalist Sherri Kane, three years to get to the eve of trial. Then, Sulla suddenly pulled the plug. Unable to prosecute against the journalists’ published truth, Sulla moved to delay the trial. He admitted he “may have” illegally foreclosed. Then, Sulla agreed with Judge Strance to dismiss the case. The judge then defrauded the defendants with claims that they had “no counterclaims,” despite Horowitz and Kane filing nearly twenty of them three times over three years.
Previously, Horowitz’s complaints against officials have mainly focused on Hilo prosecutors Mitch Roth and Rick Damerville for “disappearing a number of cases police investigators have brought them indicting Sulla,” Dr. Horowitz said.
The record of Roth’s neglected duty is clear and convincing. Roth has failed to prosecute Sulla–a 68-year old repeatedly disqualified attorney–for theft, extortion, securities fraud, DMT manufacturing, and drug trafficking, harming the community. Horowitz turned over to Roth Sulla’s extortionate demand that Horowitz pay $375,00.00 to have his legal headaches disappear. The prosecutors were also noticed that Sulla’s published links to mainland associates promoted revenge pornography defaming the doctor and Ms. Kane. Multiple complaints for criminal contempt of courts and perjury have also been reported and neglected by the prosecutors and the judges. In essence, Hawaii’s law enforcers and justice officials have failed to hold Sulla accountable as a “drug church” operator and “white collar criminal” engaged in racketeering and organized crime.
Forced to Study Law to Defend His Rights and Property
Dr. Horowitz is a Harvard-trained expert in public health, whose many scientific publications, books, and five documentary films have most heavily vetted health risks from vaccines, and influenced many governments worldwide to cautiously restrict medical prescriptions. Locally, the Hawaii County Council voted to oppose mandatory injections by a nearly unanimous 7-1 vote in the wake of the H1N1 Swine Flu fright in 2009, largely due to Horowitz’s research and support. More recently, the honored author and filmmaker trounced Hawaii Senator Josh Green, M.D., and State Health Department chief epidemiologist, Dr. Sarah Park, in the “Great Vaccine Debate” produced by PBS Hawaii.
As a result, many view Dr. Horowitz’s persecution by malicious prosecutions in the Third Circuit as retaliation for his controversial stance against vaccines, drugs, and medical malpractices. Political observers add that ejecting Horowitz from his property located in Pahoa—the heart of Hawaii’s billion-dollar marijuana trade, and nation’s methamphetamine capital, makes good business sense for the mob trafficking more than $1 billion of contraband off island through ships and planes exiting Hilo. Some question the many military planes seen in the sky above Hilo are complicit in the drug trafficking.
As the doctor has been forced to study law to protect his rights and property, and has become increasingly proficient, Judges Strance and Ibarra have increasingly reprimanded and prejudiced him, as a pro se litigant, to comply strictly to the rules of the court that they, and Sulla by the judges willful blindness, routinely break.
Case in point? Sulla filed his most recent complaint to gain “quiet title” to Horowitz’s property, and evict the doctor from his home, without getting the court’s permission before filing. That leave of the court is required under the Rules of the Circuit Courts of Hawaii, Rule 26(b) for “attorney sureties” acting as debt collectors. In this case, the courts are aware that Sulla conceals his conflicting interests. He has operated illegally since the seller’s death in 2009 as the “church’s” trustee, self-appointed estate fiduciary and beneficiary, and shill-mortgagee’s attorney for Jason Hester. And the judges have been shown Sulla’s “loan” agreement with Hester illegally secured by Horowitz’s property. (Click to view the cover page of SULLA’s MORTGAGE to HESTER). The terms of this “loan” enables Sulla to foreclose on Hester for the shill’s failure to pay taxes on the property. Both men, and the courts too, knew Hester–a homeless drifter domiciled in California according to public records–cannot afford to pay, and has never paid, any taxes during the five years Sulla claimed Hester or the “church” owned the property. That “loan” puts Sulla in position to “flip the property” to himself at any time.
Background on Attorney Sulla’s Organized Crimes
Horowitz’s persecution began in 2004 when he naively purchased the property from a convicted drug dealer, Cecil Loran Lee, busted for growing 330 marijuana plants at the Steam Vent Inn on Rt. 130 near Kalapana. Lee had defrauded two previous buyers resulting in the title to the property being tied up, and Horowitz’s engagements in continuous litigation.
Lee was punished by Third Circuit Judge Gregg Nakamura, who honorably recused himself from these proceedings after finding Lee had manufactured many legal records in two earlier cases, and a close relative of his works for the State Department of Health previously sued by Horowitz.
Lee, known throughout the county as troublesome, came to the attention of Island Title Escrow officials before Horowitz arrived on the scene. The title company then failed to do a reasonable job locating Lee’s encumbrances. Hara was referred by the company to prepare the closing papers, and could have been more mindful of Lee’s repeatedly alleged criminal conduct.
When Lee died insolvent without leaving a will, attorney Sulla took over Lee’s estate and case as a self-appointed “personal representative” to evade probate, and substituted the judgment-proof drifter, Hester, as the alleged “church” “Overseer,” for Lee in the litigation. Judge Ibarra accepted Sulla’s contrived “Substitution of Plaintiff” without any objection, nor reasonable inquiry.
Sulla, who operates a “drug church” manufacturing and distributing the dangerous narcotic hallucinogen “DMT.” Sulla then launders the money through a series of real estate trusts. This evidence was discovered by Horowitz, and reported to the courts and prosecutors. Sulla positioned shill Hester in the new “church” in order to extort Horowitz to pay money not owed, or otherwise foreclose on Horowitz at an “arms length” from the crime.
Sulla trained Hester to act as “Lee’s beneficiary”—a front man —to extend Horowitz’s persecution and malicious prosecution, much in full view of Judge Ibarra’s willful blindness. A graphic showing the interconnections between Sulla’s networking “religious” and business entities and trusts, used to administer his extensive real estate and money laundering enterprise is shown here.
As Lee was dying in Arizona, owing more than $425,000.00 to five judgment creditors from three different cases, Sulla began prosecuting Horowitz after assigning the doctor’s void mortgage and notes to “Hester’s ‘church.’”
Why Judge Ibarra Effectively Framed Dr. Horowitz for Felon Lee’s Forgery
When Horowitz’s second attorney, John Carroll, sought to acquire Judge Hara’s witness at trial, and also pledged to enter the “Hara File” as evidence in Horowitz’s defense, Judge Hara refused to appear. He even refused to provide an affidavit for reasons Horowitz only recently discovered.
Carroll was politically-pressured to conceal Hara’s chain-of-records bearing the judge’s handwritten notes used to draft the Lee-forged closing agreement. (See a page of the evidence below.) The records, likewise, evidenced Hara’s negligence and malpractice. For these reasons, Horowitz motioned Judge Hara’s superior, Judge Ibarra, that he should be disqualified, recognizing that judges must disqualify themselves if any impression of “impropriety,” or political bias, may be perceived by a “reasonable person.” Any “reasonable person” in this case would need to consider Judge Hara’s association with the fraud, forgery, obstruction of justice, persecution, and malicious prosecution of the doctor–certain grounds for recusing both judges, and Judge Strance as well.
For these good reasons, it is clear that Dr. Horowitz cannot get a fair trial on the merits of this case, including his counterclaims, on the Big Island of Hawaii; and this is why he has appealed to the Supreme Court to remove the case to the federal District Court in Honolulu, or to California where he is legally domiciled.
In other words, “Hara’s testimony would have been exculpatory,” Horowitz wrote in his motion. “But in order for Hara to have helped, he would have had to testify that he neglected to provide the oversight required for that critical document. [i.e., the “Agreement for Closing Escrow.”]
“Can an attorney delegate the finalization of a key closing document to a client, and not review the final document to insure it is correct; nor have any record of the final document in his file?” Horowitz questioned the court.
“Attorney Hara allowed his client, . . . to complete drafting the document, and outputting it from his computer—services that the lawyer could have, and should have, rendered. That would have been in accordance with the usual and customary representation required on matters concerning real property transfers.
“Rather than exercising the requisite care, however,” the doctor continued, “attorney Hara delegated that duty to Horowitz. By doing that, Judge Hara did not develop a proper paper trial necessary to substantiate origin of that critical document. And by taking the witness stand, the Judge would have needed to admit culpability. He would have needed to testify that he did not do the proper drafting and recording of the paper trial and [Agreement for Closing Escrow] AFCE Contract. He would have needed to admit that the document titled the “Agreement for Closing Escrow” foreseeably created confusion by which the Plaintiff took adverse advantage. Judge Hara could not come to court with a complete record in his file; and as a consequence of the aforementioned negligence, and unwillingness to testify, or even provide an affidavit, Judge Hara’s actions became the proximate cause of the [Defendants/Counterclaimants’] damages by breach of duty.
Carroll’s and Hara’s malpractices and concealments enabled Sulla’s prosecution to persuade Judge Ibarra to vacate Horowitz’s $200,000.00 jury award for “Carroll’s neglect to plead fraud properly.” Horowitz repeatedly noticed the court about Lee’s fraud, and even Judge Hara’s culpability, and protested against his persecution by Sulla vigorously after firing Carroll.
Then, when Horowitz appealed the injustice to the Supreme Court, requiring Ibarra’s Court to forward the Record on Appeal, Ibarra’s office whited-out Hara’s handwriting on the chain of records that irrefutably proves the forgery was Lee’s. Instead of revealing the truth, Judge Ibarra tampered with the evidence, and blamed Horowitz for Lee’s forgery and foreclosure fraud.
Discovering Judge Ibarra’s Evidence Tampering
Judge Ibarra administered the obliteration of the Hara File evidence among more than 6,000 pages of perfectly photocopied and transferred exhibits. Only the half-dozen pages in the Hara File bearing Glenn Hara’s handwritten notes, as shown below, were expunged along with explanatory boxes entered by Horowitz making the tainted evidence useless.
The doctor caught this evidence tampering by chance he went to the Supreme Court clerk to ask to review the Record on Appeal. On the spot, on December 9, 2013, he wrote a note alerting officials to “what appears to be a clear case of ‘evidence tampering.’ . . . [T]he only record grossly illegible [among 6,000 pages] is ‘The Hara File,’” he alerted the Supreme Court justices. “This, obviously, is a very serious matter, with implications beyond contempt of court,” Horowitz continued. “Consequently, I have taken the time to submit hardcopies of the original Hara File submissions herein, with the prayer that the Honorable Appellate Court will administe[r] justice based on the unaltered evidence.”
Sulla’s Single Excuse for Committing Multiple Organized Crimes
Judge Ibarra vacated Horowitz’s jury award.
Consequently, after paying nearly $700,000.00 for a $550,000.00 property, all voidable by reason of Lee’s void mortgage contract, as well as the purchase and sale being an “unconscionable bargain,” plagued by surprises, Horowitz was made to give up years of his life to defend his investment and reputation.
Should the doctor have paid another $200,000.00 to Sulla? Would a reasonable person say the doctor should have paid to Sulla the jury award granted Horowitz? This question raises Sulla’s single defense.
Sulla’s claim for more than six years, a half dozen malicious civil actions, and more than a dozen “vexatious tactics” used to damage and destroy Horowitz in court, and on the Internet, is that Horowitz allegedly defaulted on the mortgage by “$200,000.00, plus interest.”
But Horowitz counters this way: “Hawaii’s arguably most corrupt lawyer neglects to tell the truth, the whole truth, and nothing but the truth, at the expense of yours truly, judicial integrity, and taxpayers’ confidence in law enforcement. His $200,000.00 false debt claim reflects his compulsively lying ‘condition of mind’.”
The doctor shockingly evidences that Sulla’s alleged $200K “default” occurred exclusively from Judge Ibarra’s series of non-appealable orders and an astonishing four “Final Judgments,” each one getting farther from the truth that would set the parties free.
The mortgage contract, after all, was not simply voidable due to Lee’s fraud in the sale, it was entirely VOID. The “unconscionable bargain” made the contract null and void. Lee’s fraudulent concealments of liens and encumbrances on the property placed by two other defrauded buyers nullified the contract, because Lee’s mortgage to Horowitz claimed the title was being transferred “free and clear of encumbrances and liens.” And there were many more misrepresentations, (too many to tell in this already too lengthy article, that would compel lawyers and “reasonable people”) that made Sulla’s demand for more money beyond “unconscionable”– unethical, irresponsible, grossly unjust, and a symptom of “moral turpitude.” Especially since Sulla never had authority, standing, or right to collect on a void mortgage after the seller’s death. Frankly, the doctor was simply unwilling to submit to Sulla’s extortion, and abuse of the courts as leverage to commit theft.
More Mischief Evidencing Persecution and Civil Rights Abuses, Not Simply Sulla’s Malicious Prosecution
“I can live with myself even if Sulla and Ibarra get away with the theft of my property,” Dr. Horowitz told a friend. “I can live with myself for doing the best job I can to save the property. But I refuse to go to my grave regretting any concession to extortion and organized crime damaging more than me and my property. These injustices are damaging many others in our community and beyond. The integrity of our justice officials, law enforcers, especially our prosecutors, secures the welfare of our families, states, and nation. If our judges and prosecutors can’t be trusted to act lawfully, they need to be exposed and replaced.”
After aiding-and-abetting the aforementioned shenanigans in court, Judge Ibarra caused most of the damage by ordering Horowitz to make the “final balloon payment” on April 2, 2008, and the doctor paid it.
But then, Ibarra flip-flopped on his own jurisdiction to extend Horowitz’s persecution by issuing a new series of rulings that undermined the payment plan and Horowitz’s right to have the mortgage released.
Here’s how Judge Ibarra and Sulla turned a five year malicious prosecution and fraud upon the court, into a ten year unconscionable struggle to defend the doctor’s property and reputation against Sulla’s theft and the court’s published defamation:
(1) On October 15, 2008, Judge Ibarra “DENIED WITHOUT PREJUDICE” Horowitz’s motion to payoff the mortgage that was effectively voided by Lee’s fraud. The judge, purportedly, did not trust Horowitz’s accounting, and ordered him to “submit an accounting of total payments made to date no later than November 13, 2008,” which Horowitz did early, on November 5, 2008.
(2) At the same time, on October 15, 2008, the judge made sure the damaging case would continue by granting Lee’s and Sulla’s motion to vacate Horowitz’s $200,000.00 jury award by reason of John Carroll not having plead fraud “with particularity.” That was Ibarra’s ORDER GRANTING PLAINTIFF’S MOTION FOR JUDGMENT AS A MATTER OF LAW OR ALTERNATIVELY NEW TRIAL ON ISSUE OF DEFENDANT’S JULY 6th, 2006 COUNTERCLAIM FOR FRAUD AND MISREPRESENTATION. By approving this motion, Judge Ibarra made sure that the $200,000.00 jury award to Horowitz would be vacated; and that the case would need to be retried on the issue of fraud in the sale that was not plead properly by Carroll.
(3) Judge Ibarra inferred is his Findings of Facts and Conclusions of Law, and the Final Judgment, that the case would be over when Horowitz made the “final balloon payment” that, as shown in the payment summary above, Horowitz made by February 27, 2009. That “Final Judgment” included the $200,000.00 jury award (not included in the above table) that any reasonable person in Horowitz’s position would have applied to the final payoff, because at that time, the Judge had not even indicated that award would be vacated.
(4) Judge Ibarra, in fact, reinforced the finality of the case and his “Final Judgment” when, on January 9, 2009, he issued his “ORDER DENYING MOTION TO SHOW CAUSE WHY PARTIES SHOULD NOT FOLLOW PAY OFF PLAN AND PAY THE INTERVENOR IN FULL AT THE MATURITY OF THE NOTE.” The judge DENIED this Motion, he wrote, “as this Court lacks jurisdiction in this matter to grant such relief because Final Judgment was entered in this matter on July 31, 2008.”
The judge did not write that he lacked jurisdiction because the case was under appeal, or would be going under appeal. The judge clearly and convincingly stated that he would not rule on the matter of any payoff plan because the case was over—he lacked jurisdiction.
But the judge flip-flopped a few weeks later. On February 2, 2009, after Lee submitted a proposed Amended Final Judgment, the judge suddenly regained his jurisdiction to favor a predicate felon over Horowitz. In a highly irregular and blatantly biased move, Judge Ibarra GRANTED Lee’s motion.
Still, even the Amended Final Judgment denied foreclosure and retained the $200,000.00 jury award owed Horowitz, but that ruling was also short-lived. The ORDER GRANTING PLAINTIFF’S MOTION FOR JUDGMENT AS A MATTER OF LAW OR ALTERNATIVELY NEW TRIAL hung over the proceedings like a cloud, and following a few objections by Lee and Sulla, Horowitz’s $200K jury award was “VACATED.”
This is how Sulla came to claim that Horowitz still owed the $200,000.00 on the original, completely void, mortgage.
Sulla’s Certification of the Lee’s Sham “Church” Unravels
Typically, in law, if you elect to file a court complaint, that is called a “judicial remedy.” And if you dislike the result, you are precluded from filing the same case, or a similar case, again. That’s called res judicata in the legal community. Ethically, as a lawyer, you are not supposed to generate another civil action to gain another result, especially while the first case is still ongoing in the courts. But these rules don’t apply to the outlaw named Paul J. Sulla, Jr.
Between January and August 2009, while Dr. Horowitz repeatedly issued notices to the Lee, and to Sulla, to advance a final accounting and release of the mortgage. Each notice was purposely evaded.
So with the jury award still in place, and Judge Ibarra flip-flopping on jurisdiction, but claiming no jurisdiction to rule on the payoff plan, Horowitz paid the final “balloon payment” of $354,204.13, including the $200K jury award as a credit. He made the last of that final payment of $154,204.13 on February 27, 2009, to move his life forward.
Unfortunately for the doctor, and the integrity of the courts, several more litigations were about to unfold, courtesy of Mr. Sulla.
Sulla and Ibarra instantly broke the Hawaii Rules of Civil Procedure, Rule 21.1(d) requiring attorneys to file their notice of appearance in cases such as this, but Sulla simply filed his Notice of Appeal on May 21, 2009, to oppose and vacate the jury award. Mind you, this was seventeen (17) months after Judge Ibarra ordered Horowitz to make an “accelerated” final balloon payment, three months after Horowitz requested the final accounting, payment acknowledgment, and the mortgage release required by law, and four months after Judge Ibarra ruled that he no longer had jurisdiction to decide on any matters of the final payoff.
Six days earlier, Sulla, supposedly met with Lee in Hawaii, and decided they would form a “church.” The incorporation papers evidence outrageous fraud, thusly: (1) The “church” was said to be located at a fraudulent address; (2) The name of the “church” was suspiciously (and ridiculously) long—THE OFFICE OF OVERSEER, A CORPORATE SOLE AND ITS SUCCESSOR, OVER AND FOR THE POPULAR ASSEMBLY OF REVITALIZE, A GOSPEL OF BELIEVERS (imagine writing that on your checks); (3) the “period of duration” was “perpetual”—ironic for a dying man with six more weeks to live; (4) “Jason Hester of Pahoa, Hawaii” is named as the new “Overseer” of the sham church, but Hester was domiciled exclusively in California, according to public records; (5) the eight page single document was signed on two different dates: May 8, and May 28 (supposedly), by exclusively Lee; but (6) the “CERTIFICATE OF EVIDENCE OF APPOINTMENT” of Lee as the “Overseer” of the church, designated by “Gwen Hillman” as the “Scribe,” certifying is signed by Lee, not Hillman.
In other words, the Incorporation paperwork is fraudulent and void on it face.
Sulla Still Needs to Explain Lee’s Forgeries on the Untimely Mortgage and Note Assignments
Even more troubling for law enforcers and justice officials needing to explain their obviously neglected duties, Lee, purportedly, assigned Horowitz’s mortgage and two promissory notes to “Hester’s church” on May 15, 2009. BUT THE SIGNATURES ON THOSE ASSIGNMENTS DO NOT MATCH LEE’S SIGNATURES, AND APPEAR TO BE FORGERIES!
Equally incriminating, the Assignments were made before the corporation legally existed! That is, someone forged Lee’s signatures on those financial securities ten days before Sulla filed the fake paperwork with the State.
This means that the police, prosecutors, and judges have been overlooking at prima facie evidence of securities fraud and fraudulent transfers for at least six years, holding Horowitz responsible for Lee’s fraud.
Lee was dying in Arizona at that time the time Sulla filed this paperwork with the State of Hawaii, according to Lee’s death certificate. Whoever forged Lee’s signatures on the invalid assignments of the mortgage and notes to evade and defraud five judgment creditors and the courts, had a personal incentive. The primary suspect is not Hester. Sulla was in charge of everything—Lee’s finances and estate—from that point to the present.
Sulla’s Conflicting Interests Get Him Disqualified, but Not Arrested
Lee died dead broke. He had declared bankruptcy in 2006, and by 2008 could no longer pay for his attorney, he told Judge Ibarra. Forward a dozen months of living expenses without a job, and medical care costs on his death bed dying from cancer, and Sulla entered under a contingency contract with Lee to acquire whatever could be gained from Horowitz by hook or by crook, including his property, with or without Judge Ibarra’s permission.
Sulla’s name and address appears on the “church” incorporation paperwork as the certifying attorney for his false filings with the State on May 28, 2009. Lee left no will. Lee had one son, Clark Lee, of Mesa, AZ, and several sisters. According to Sulla’s filings, he alleged that he contacted Clark Lee, but neglected to contact any of Lee’s sisters in violation of Hawaii’s intestate laws. This can be known from Sulla’s Feb. 8, 2012, filing in Judge Strance’s court of an “Application for Informal Appointment of Personal Representative (Without Will),” on behalf of, allegedly, Hester. Sulla filed that nearly two years after he demanded Horowitz pay the $200K jury award that remained under appeal at that time, until Sept. 2013.
In that single filing, Sulla is evidenced having had zero legal authority to do anything he has done. Zero standing in any court to bring any claim for foreclosure, or quiet title, or whatever!
Sulla blatantly committed perjury in that document (and many others) by stating: (1) Hester was Lee’s “grandnephew”—there was no blood kinship whatsoever; (2) at the time of death, Lee “was domiciled in the County of Hawaii”—not so, Lee died in Arizona with his family; (3) at the time of death, Lee was domiciled under the jurisdiction of the Third Circuit Court—not so, Lee did not even have a legal address in Hawaii at the time of death, according to federal court filings by members of his gang; and (4) “applicant is unaware of any unrevoked testamentary instrument relating to property”—when, in fact, all the cases revolved around Sulla’s fraudulent “unrevoked” financial instruments (i.e., mortgage and promissory note assignments) bequeathed to Hester secured by Horowitz’s property—representations that Sulla and Hester both swore were “TRUE AS FAR AS APPLICANT KNOWS OR IS INFORMED, AND THAT PENALITES FOR PERJURY MAY FOLLOW DELIBERATE FALSIFICATION.”
Part time Hawaii District Court Judge, and the Past President and current member of the Senior Counsel Division of the Hawaii State Bar Association, Peter Stone, wrote this about Sulla, in one of Horowitz’s defense filings:
Throughout this prolonged title dispute, there remains one constant. Paul J. Sulla, Jr. was the attorney for Lee when he filed the motion to vacate the $200,000 jury award at end of the Judicial Foreclosure Action; he still is the attorney for Jason Hester as the Overseer of the [Gospel of Believer’s, “GOB”] in the pending appeal; he recorded the Assignment of Mortgage from Lee to Lee as Overseer of [GOB]; he conducted the non-judicial foreclosure for Jason Hester as the Overseer of [GOB]; he drafted and recorded the two Quitclaim Deeds, first to Jason Hester as Overseer to [GOB] and finally to Jason Hester, individual, the Plaintiff herein. Although Plaintiff initially filed this action pro se, now that Royal has challenged the Court’s subject matter jurisdiction based on the title dispute, Mr. Sulla has again entered his appearance as counsel for Jason Hester.
Sulla’s Non-Judicial Foreclosure Scam is a Criminal Contempt of the Ibarra Court
With the judges and prosecutors covering up for Lee, Sulla, and their criminal ties to Judge Hara’s malpractices, witness tampering, evidence tampering, and obstruction of justice, Sulla foreclosed non-judicially on Horowitz’s property. He claimed the entire mortgage amount remained “due and owing.”
This, of course, violated several laws, including Hawaii Revised Statute 667-5, that Sulla claimed by affidavit that he followed to bring the illegal foreclosure.
In effect, Sulla defied Judge Ibarra’s rulings denying foreclosure. He also defied due process ongoing at the Intermediate Court of Appeals of the Hawaii Supreme Court at the time he illegally foreclosed. And because Sulla did this to steal Horowitz’s property, the crime is a class C felony, in criminal contempt of the Ibarra Court.
Sulla’s non-judicial foreclosure was as flawed as his “church” incorporation. But that didn’t stop Judge Strance, and Judge Ibarra, from persecuting Horowitz, putting him through years of litigation, and massive losses of time and money, to cover-up for their Third Circuit associate, Judge Hara.
Remember Lee’s fraudulent securities assignments into Sulla’s not-yet-existing “church?” Do you recall Lee’s forged signatures on those instruments? These legally characterize what’s called “fraudulent transfers.”
Any transaction that results from any fraudulent transfer, and in this instance there were three, is grounds for voiding the transaction, and holding the perpetrators accountable for all the damages.
In this case, rock solid evidence traces the conversion of ownership of Horowitz’s property from: (1) Horowitz and his ministry to Sulla’s “church;” (2) from the church to Hester; and (3) lastly to Sulla under a mortgage contract with Hester illegally secured by the property. Each of these transactions are null and void, according to laws not being followed by the Hawaii courts and prosecutors entrusted to enforce them.
The Motion To Disqualify Judge Ronald Ibarra, and Then Move to Federal Court
Dr. Horowitz’s motion to disqualify Judge Ibarra presents shocking facts and evidence. A copy of the full filing, including exhibits, is available for a free download by clicking here.
Horowitz had no other reasonable choice other than to call for Judge Ibarra’s disqualification. The evidence for Judge Ibarra’s bias, prejudice, and obstruction of justice damaging Horowitz is overwhelming. Few lawyers have ever seen anything like this. Several questioned never heard of a case in which the judge filed four “Final Judgments,” each defective and not appealable.
Certainly the Chief Justice of the Third Circuit Court of Hawaii knows how to write a “Final Judgment” that is final. Surely he knows how to dismiss a case for fraud upon his court. And surely he knows that when attorney Sulla, Jr. disobeyed the Judge Ibarra’s denial of foreclosure, and foreclosed anyway using fraudulent transfers of the mortgage and notes into a sham, not-yet-existing “church” to steal the property, that is criminal contempt–a class C felony.
But instead of recusing himself, or sanctioning Sulla, the judge has, instead, elected to adjudicate Horowitz’s ongoing malicious prosecution causing further irreparable harm.
The doctor is not interested in suing, just getting on with his life. However, if this hypocrisy of justice continues, he plans to file a federal civil rights action under 42 U.S.C. 1983 for injunctive and declaratory relief, or in some cases, hold the judges personally liable for his damages.
And there are many others who have filed parallel complaints against these same judges with police. Some victims claim judicial corruption in the Third Circuit Court has contributed to genocide and “war crimes” against native Hawaiians. Members of the Kingdom of Hawaii’s Restoration Government have charged these same judges with bias, prejudice, and foreclosure fraud benefiting foreign-owned banks that have been violating State, Federal, and International laws.
Judges are very hard to sue for anything less than ruling without “personal jurisdiction.” In this case, that violation is questioned since Judge Ibarra flip-flopped between having jurisdiction, and then claiming he no longer had jurisdiction, simply to prejudice Horowitz’s payment plan and mortgage release.
In Hawaii, government officials are personally liable for committing fraud, crime, and breaching their oaths of offices. This includes County of Hawaii officials with whom the doctor established a “special relationship” by reason of a special land grant the County issued Horowitz to enable landlocked neighbors to access highway, Rt. 130. Typically, a “special relationship” is required in order for citizens to take successful legal actions against law enforcers.
In this case, Horowitz filed more than a dozen police complaints that Hilo prosecutors Mitch Roth and Rick Damerville simply neglected or personally disappeared. In recent years these prosecutors neglected to return numerous calls, and at the time of this writing, were claimed by Deputy Attorney General in Oahu, Michael S. Kagami, (in an e-mail dated April 24, 2015) to have no record of any “outstanding cases.” Dr. Horowitz is certain that is a lie coming from the Hilo prosecutors’ office. Dr. Horowitz was interviewed at length a number of times in recent years by Hilo Police Department investigators who, like he, became convinced Sulla committed a number of crimes. Twice during the past couple of years extensive investigation reports were prepared by diligent and competent police investigators at taxpayer expense. The police investigators transferred their shocking findings indicting Sulla to Prosecutor Roth. For Roth to deceive AG Kagami is unconscionable and actionable.
Where the Case Currently Stands (on April 25, 2015)
Horowitz filed two appeals, both against Judge Strance for: (1) ordering Horowitz’s counterclaims struck as she had maliciously done multiple times during the past four years; (2) ruling that Horowitz has no “standing” to defend his property, because his dissolved ministry, the mortgage holder, was defaulted from Horowitz’s neglect to answer on behalf of the terminated corporation—a technicality Sulla hopes will gain him the property by summary judgment, despite the fact that Sulla’s malicious prosecutions caused the ministry’s insolvency and dissolution. Furthermore, before the ecclesiastical corporation was dissolved in 2012, Horowitz transferred title to himself, and ministry Scribe, Sherri Kane, to whom the doctor is indebted; and (3) a punitive award Strance granted Sulla after Horowitz filed a UCC1 commercial lien to secure his personal and real property against theft by Sulla’s secret real estate enterprise money laundering from Sulla’s DMT manufacturing and drug trafficking operations.
But Judge Strance, as mentioned, was forced from her bench by legitimate complaints reviewed by the Judicial Selection Committee. As a result, they decided not to approve her reappointment. So Judge Strance quietly “retired from the bench.” (See: Strance Rejected by Judicial Selection Committee, Mar 21 2015.)
If necessary, the doctor plans to file for damages, not simply declaratory relief, against Judge Ibarra, but against him and Judge Hara personally, as individuals, because they are not immune against lawsuits brought against them for their non-judicial acts. Ibarra’s evidence tampering, and Hara’s witness tampering, both forms of obstructing justice, are non-judicial acts that make these judges personally liable.
Several years ago, before Dr. Horowitz was forced to study law to protect his reputation, investments, and community interests, he produced the documentary film Criminal Foundations: Fraudulent Humanitarian Organizations, in which he vetted the world’s wealthiest and most powerful multinational corporations exercising their financial interests under the guises of “public health” and “national security.”
“What is happening to me in the Third Circuit Court,” Dr. Horowitz said, “is typical of what is happening globally to civil rights leaders, consumer protection activists, science pioneers, and medical heretics who lead people to a better and safer way of life.”
“Here, in ‘paradise,’” the doctor concludes, “the Big Island of Hawaii is infested with corrupt politicians and drug dealers who are aided-and-abetted by complicit prosecutors and willfully blind judges. The vitally important roles of law enforcers, battling white collar organized crime that does the most harm to our communities, has been subverted by mob bosses and corrupt lawyers, diverting police officers and investigators away from racketeering enterprises poisoning us and our planet, to giving traffic tickets. I pray my case—this case study in judicial corruption—and publications such as this, will have a positive impact, beyond freeing me and my property, to serve the greatest common good.”
– end –