Friday, July 29, 2011

Ashcroft Made $28 Million For Monitoring Non Prosecution Agreement !!!!!

I have mailed this to the Court and asked them to add it to the evidence of numerous Non Prosecution agreements for health care and securities bid rigging that has been committed repeatedly by major corporations as seen at : www.defaultinjunction.blogspot.com

Quotes from U.S. Congresswoman Linda Sanchez, Chairwoman of the Oversight Hearing on Deferred Prosecution Corporate Settlement Guidelines :

“Late last year, I was troubled to learn of what appeared to be a backroom, sweetheart deal where New Jersey U.S. Attorney Christopher Christie appointed John Ashcroft, the former Attorney General, to serve as an independent corporate monitor and collect fees between $28 and $52 million. I was also concerned to learn from press accounts that Mr. Ashcroft was selected with no public notice and no bidding and that he had to use considerable time to prepare for the assignment and learn more about the business that he was contracted to monitor.”

(More quotes later)

!!!!   While Bush’s former Attorney General got rich doing 18 months of part time work (monitoring a Deferred Prosecution Agreement) the DOL and DOJ will do absolutely nothing to help patients like :

(1)                      Jacquelyn Addis who had brain lesions and Multiple Sclerosis ignored by MetLife and their consultant Dr. Greenhood during the time that MetLife received it’s first, second, and third Non Prosecution agreement.
(2)                      Patient Joanne Vick who had MetLife and Dr. Greenhood ignore a foot that she broke in 5 Places after she developed diabetic kytoacedosis following childbirth.

** The DOL and DOJ will not even ask Dr. Greenhood to stop ignoring Multiple Sclerosis and broken feet !!!!!!!!

(3)                      DOL/DOJ did nothing after seeing many quotes from Psychological patient Brenda Zanny’s case, where U.S. District Judge Richard Enslen wrote :

"Metlife and its henchmen should appreciate that such conduct may itself precipitate the suicide death of a person who has placed implicit trust in their organization. This record is an open indictment of MetLife’s practices and treatment of the mentally-ill and long-term disability benefits."

(4)                      The DOL and DOJ have seen so many more cases including those posted at : www.deadlyorganizedcrimes.blogspot.com and www.mypsychologistsreport.blogspot.com

(5)                      While AG Ashcroft got very rich, Exhibit A below shows multiple Judges and Doctors’ wrote that MetLife endangered three Psychological claimants lives and they continue to do this even after signing their latest Non Prosecution agreement !!

(6)                      Exhibit B shows links to extreme violations and endangerment that MetLife is commiting after signing their third Non Prosecution agreement !!


One example is proven by MetLife training agents to ignore evidence, and they did this again twenty days after signing their latest Non Prosecution agreement !!
(7)                      The same Dr. Greenhood mentioned in the two cases above was the first of five doctors paid by MetLife who have ignored medical evidence regarding my right eye cancer and left eye surgery where the eye was removed from the socket and bone was removed and my brain was exposed internally.

In the near future I will have insufficient money for medical expenses and life because MetLife has just had two more doctors’ and a claims agent completely ignore discussion of numerous bloody falls and accidents evidenced in my medical records. They did this after signing their third Non Prosecution agreement where they wrote they would follow all laws, and they did this knowing that my Psychologist wrote that I was “significantly destabilized” when MetLife’s doctors did this in the past, and I was in a “desperate situation”.

The DOL/DOJ could not care less !!

Here are more quotes from U.S. Congresswoman Linda Sanchez:


“When I continue to investigate the issue of deferred prosecution agreements and the appointment of independent corporate monitors, I discovered that the parties to these agreements were operating in a “Wild West” environment with no laws and no Justice Department guidelines.

“On January 10th, Chairman Conyers, Congressman Pascrell, and I sent a letter to the Justice Department requesting that the Department disclose all deferred prosecution agreements and the individuals selected as monitors. It has been two months since our request and we have yet to receive a response.”

“While we patiently await the Department’s disclosure of information, this hearing serves as a critical start to bringing deferred prosecution agreements and the appointment of monitors out from behind the shadows. Accordingly, I look forward to probing these issues further and considering whether legislation in this area is appropriate.”






University of Virginia School of Law Associate Professor Brandon L. Garrett, testified at the committee hearing regarding the DPAs that involved monitors and said, "the terms of their retention, the precise scope of the duties they owe, to whom they owe duties, the reports they generate, and the actions that they take, have all remained nonpublic."

Here are quotes from Congressman John Conyers Jr. who is Chairman of the U.S. House Judiciary Committee :



“I am pleased by the steps DOJ has taken to better track deferred and non-prosecution agreements, but remain troubled that the Department is not assessing the effectiveness of these agreements. As this report clearly illustrates, more needs to be accomplished. I hope the Department will continue its improvement efforts by developing performance measures to evaluate the contribution of deferred and non-prosecution agreements in combating public and corporate corruption."

“After two years of extensive oversight by the Judiciary Committee, it is clear that deferred prosecution can be easily abused, and enhanced safeguards are necessary to improve the use, award and implementation of these agreements."



It’s easy to see that Non Prosecution and Deferred Prosecution agreements have a pattern of abuse that is extreme and dangerous to our nations security because multiple corporations are receiving multiple agreements and then continue committing identical complex crimes. Many of the crimes are for bid rigging and fraud in health care and financial security as seen at : www.defaultinjunction.blogspot.com

MetLife is a perfect example of NPA’s that are violated, many very sick patients lives are placed in great danger, and the U.S. DOJ and D.O.L. will not life one finger to stop them !!

Exhibits A and B

**  These Exhibits have extensive evidence. Please always remember while Bush’s former Attorney General made between 28 and 52 million the DOL and DOJ will do absolutely nothing to stop insurance company doctors’ who ignore brain lesions, Multiple Sclerosis, cardiac conditions of many patients, and a foot a new mother broke in five places !!!!!





Exhibit A

MetLife Endangers Multiple Psychological Patients Lives

U.S. District Judge Nancy Gertner won the Thurgood Marshall Award of the American Bar Association in 2008. 
Here are three important quotes Judge Gertner wrote about Metlife: 
“It misquoted Whitehouse’s doctors and cherry-picked or took out of context statements made. The denials continued to press factual inaccuracies even after being informed of the errors.”
“Perhaps most egregious of all, it misquotes Dr. Bhan as stating that Whitehouse “[was] able to function” AR 116 when, in fact, he said “she was not able to function.” AR 121 (emphasis added). 
“Anderson stated that he was “surprised” that his and Dr. Bhan’s reports were not taken to support Whitehouse’s “serious functional limitations . . . . Mrs. Whitehouse was NOT able to function professionally (or personally), with such a major formal thought disorder as major depression with psychosis.”

Here’s another Psychological case, with three important quotes from Judge Terrence McVerry in  SCHWARZWAELDER verses Metlife :
“Her treating/evaluating physicians assessed the stressful nature of that position, deemed it causal to her mental health symptoms and diagnoses, and concluded that (a) Plaintiff was unable to continue to perform under the conditions of that occupation and (b) to attempt to do so would risk serious further consequences to her health. The Administrator's failure to meaningfully address these considerations was arbitrary and capricious.”
“The Court is also highly concerned by the Administrator's rejection of evidence self reported by Plaintiff to her treating/evaluating physicians where (a) MetLife had no basis for rejecting those observing-physicians' conclusions that Plaintiff's evidence was credible.”
(end of quotes)

MetLife ignored my LTD claim for eye cancer for five years while they knew I often had no money for medical treatment. food, or housing. The DOL and DOJ have ignored the extensive quotes from the Psychologist my doctor referred me too including :
“Metlife's actions seem irresponsible, inhumane, dangerous, and reckless”
 “Mr. Schmittou is experiencing intense psychological distress. His intense emotional misery is a daily struggle. His concentration and sleep are impaired.”
“His thoughts and emotions are so troubled he describes feeling that “my brain is on fire”
(more quotes later)

This Court has acknowledged that MetLife ignored my LTD claim for right eye cancer and left eye orbital surgery for five years.
MetLife did this even after seeing many desperate requests for help including this sentence that was filed in this Court in 2007 :
"the Plaintiff who has had cancer removed from his eye and leg and over 200 biopsies plus stitches in 100 places has no money for follow up treatment."
Here are quotes from U.S. Magistrate Judge Bryant:
“the record is utterly devoid of any glimmer of recognition by Metlife of plaintiff’s attempt to assert an LTD claim, despite plaintiff’s repeated attempts to ascertain the status of the claim(e.g. AR 10, 11 ,25, 28, 33, 81 )”


As you read the following quotes from my psychologist please remember that when I wrote to MetLife telling them their delays and obfuscations made me often wish I were dead :
(1)          I only did this after my Cobra insurance expired
(2)          I had no money for medical treatment food or housing
(3)          and I had sent MetLife 11 polite requests for the status of my claim and they ignored them all !!
The DOL requested copies of all the letters, and you can see some of them at  :

The DOL DOJ did nothing after seeing these quotes from my Psychologist  :
“It is my impression that three medical doctors paid by Metlife appeared to have ignored medical evidence. For example, Metlife’s paid consultant, Dr. Yanik, "evaluated" Mr. Schmittou without ever having seen him or his medical record from 2004 through 2008. In fact, from the time he filed the claims in 2002 until the Court ordered a review in 2008, Metlife ignored both his claims for long-term disability based on vision impairments and on psychological impairments. In treatment, I have observed that the impact of such actions by Metlife has resulted in exacerbation of Mr. Schmititou’s psychological symptoms and periods of significant destabilization.
While being diagnosed with cancer was itself traumatizing, the subsequent nine-year struggle with Metlife has proved even more devastating to Mr. Schmittou. His COBRA insurance expired. He had no money for food, housing, insurance, medical treatment, or medication for four years until he received Social Security Disability benefits. His credit has been ruined. He has had to move in with his parents. He has developed desperate fears about homelessness. Understandably, his mental health deteriorated, traumatized by this threat to his life, his well-being, his sense of wholeness. Now, in addition to his impaired vision, he has intense psychological distress, impaired concentration, impaired frustration tolerance, fitful sleep, irritability, and hypervigilance, all hallmarks of Post-traumatic Stress Disorder (PTSD). As a result, he is at greater risk for impulsive acts against himself or others.
At various times, Mr. Schmittou has informed Metlife how desperate he has become. He has begged Metlife to stop the delays and obfuscations, because they added to his stress and depression, even to the point he often wished he were dead. Currently, he is so demoralized he is not seeking treatment for suspicious skin lesions or disturbing GI symptoms.
In light of the violations Metlife has committed against Mr. Schmittou and Metlife's awareness of the additional harm caused him, Metlife's actions seem irresponsible, inhumane, dangerous, and reckless.
My full Psychologists reports can be seen at :
MetLife was supposed to provide early intervention, help with my social security application, and vocational assistance.
Metlife’s delays, violations and deadlines created extreme and chaos in my life while I was trying to have surgeries and biopsies for multiple cancers and also fight major psychological problems that were caused by MetLife. MetLife was very aware of this.
Metlife’s failure to help me file for social security disability and Medicare as Metlife’s policy says they will do, caused massive confusion and stress in my life, and there was no way I could file for Social Security while having surgeries and fighting MetLife’s violations and my depression at the same time.
This lack of timely filing for Social Security caused me to have to go without medical treatment, surgery and psychological treatment during several extended periods of time between 2003 and 2007.  I also had no money for food are housing and had to move in of my parents can sign up for food stamps.
I am very amazed that I survived the stress from this, and still think that I could die any day from the very extreme stress that MetLife continues to cause me as I desperately struggle to survive.

Exhibit B

The DOL and DOJ are also very aware that the latest Non Prosecution agreement is being violated by MetLife !!
One examples is proven by MetLife training agents to ignore evidence, and the DOL and DOJ are aware MetLife is still doing this even after they signed the Non Prosecution agreement !!
In the case of Solomon v. Metlife, Judge Robert Sweet wrote that Metlife trained appeals specialists to ignore evidence from the Social Security Administration (SSA). Here’s one quote from Judge Sweet :
"In addition, as in Glenn, MetLife urged plaintiff to apply for government benefits, but then disregarded the SSA’s grant of benefits.  Indeed the appeals specialist assigned to decide Solomon’s appeal stated that she had been trained by MetLife to disregard SSA decisions and that the decision was only relevant if MetLife was paying benefits and could use it for an offset.”
In Exhibit C that was filed on 5/13/11 I have provided quotes from Judges in four more cases who have written that MetLife ignores SSA determinations and makes “no mention whatsoever of the SSA's determination”
**** On May 5th, 2010, which was twenty days after MetLife’s third Non Prosecution Agreement was signed by James Lipscomb, MetLife denied my visual claim and made absolutely no mention of the SSA’s determination !!!!!!! 
The DOL and DOJ are very aware of this, but they will do nothing even though the Non Prosecution Agreement has the following quote :
“It is understood that, for the two year terms of the agreement, MetLife shall (A) commit no crimes whatsoever’
“It is further understood that, for the term of this agreement, MetLife shall continue to maintain and strengthen its internal standards and procedures, consistent with Appendix B”
Appendix B Page 3 :
“MetLife has established a Code of Business conduct and Ethics (“the Code”) that applies to all employees of MetLife and its affiliates. Among other things, the Code requires all MetLife employees to comply with all laws rules and regulations affecting MetLife’s business and its conduct in business affairs.”
MetLife has committed many more complex crimes in my case since the Non Prosecution agreement was signed, as seen at the following websites :

There you will see how My Psychologist Wrote I’m in a “desperate situation”,
Then a Doctor Paid by MetLife Completely Ignored My Bloody Falls and Accidents !!
There you will see that “Traumatizing Stress” "Bipolar Diagnosis" Was Written By My Psychologist
MetLife read this and then ignored profound statements written by Nashville Baptist Hospital’s Chief of Ophthalmology about my Left Eye that was removed from the socket during surgery. (I am legally blind in my Right eye due to cancer)
There you will see how the DOL has a contract with a large corporation named MES, and in 2011, a year after the Non prosecution agreement was signed, MES’s doctor Dr. Goetz was paid by MetLife and he reviewed the evidence where I repeatedly told MetLife it is my left eye pulsing in the DVD.
In spite of this Dr. Goetz falsely wrote it was my right cancerous eye that pulsed and said that would not cause left eye problems.
This is a huge intentional error because the left eye pulsing has caused huge problems since my right eye got cancer.
Dr. Goetz is the same doctor who never mentioned one word about my extensive falls and accidents as seen at the third link above.
I repeatedly wrote to MetLife telling them it was my left eye in the DVD multiple times because in 2010 MetLife’s consultant Dr. Weber also falsely wrote it is the right eye seen in the DVD.
You can see evidence of this, and how MetLife dissected and fraudulently reconstructed my surgeons sentences by going to :
You can also see how they sent my treating physicians a fax on February 9th and gave them until February 6th to respond. 
Please note the deadline to respond occurred 3 days before the fax was sent !!
Knowing that I have Post Traumatic Stress disorder, MetLife sent me a letter that gave me zero business days to find and contact doctors I had not seen in many years, and they would have zero business days to read and respond to the extensive information !!
If they disagreed they must respond !! I had to be very assertive to  get doctors  have not seen in years to respond, and then as seen at the website MetLife ignored their responses or fraudulently reconstructed sentences !!
Everything that is just mentioned was used by MetLife to deny my visual claim on May 5th, 2010, and this was twenty days after MetLife signed the Non Prosecution agreement that said :
“It is further understood that, for the term of this agreement, MetLife shall continue to maintain and strengthen its internal standards and procedures, consistent with Appendix B”
Appendix B Page 3 :
“MetLife has established a Code of Business conduct and Ethics (“the Code”) that applies to all employees of MetLife and its affiliates. Among other things, the Code requires all MetLife employees to comply with all laws rules and regulations affecting MetLife’s business and its conduct in business affairs.”
MetLife has so many patterns of fraud but the DOL will do nothing to stop them !!
Exhibit D that was filed on 5/13/11 shows Judges quotes in six cases that prove MetLife’s Complex Fraud regarding vocational determinations

Sincerely,
Barry Schmittou
barryschmittou@live.com