Because Hook is innocent! Hook did not commit any crimes. He structured and documented a high interest loan from the 6141 Pension Plan to Pineville Real Estate Operation Corporation. This loan was secured by 8.66 acres of real estate independently appraised at approximately three times the loan amount.
Pineville had been deeded this property by Wittek Industries, Inc., the world's leading manufacturer of hose clamps, giving a low interest long term Note therefor, the security for which was an interest in the property subordinated to the security interest of the 6141 Plan.
With the proceeds of the 6141 Pension Plan loan, Pineville purchased certificates of deposit from one of the Harris Banks, which it pledged to the bank as security for a low interest loan. Pineville loaned the proceeds of the Harris loan to Wittek pursuant to a high interest Demand Note.
The intended benefit of the transaction to the 6141 Plan was to cure a perceived underfunding of pension benefits by investing approximately half of its assets in a higher yielding investment than the common trust funds of its bank custodian short-term and pending long-term investment supervised by, Fiduciary Management Associates, Inc., a first class pension fund investment advisory firm, and former Hook client. For Wittek, the intended benefit was to provide short-term working capital for the expansion of its business.
These benefits could have been accomplished through sale of the real estate by Wittek to the 6141 Plan. However, that carried a substantially greater risk of a 5% ERISA* excise tax on the interest, and, potentially, a 100% ERISA excise tax thereon. The secured loans and conveyance to an entity exempt under Department of Labor regulations from ERISA were intended to eliminate, or at least, substantially lessen the risk of these excise taxes and yet accomplish the aforesaid goals of the 6141 Plan and Wittek. As Carmen Viana was the owner of Wittek and trustee of the 6141 Plan, she believed she had the ultimate responsibility for the achievement of these goals.
Through no fault of Hook, or Viana, his co-defendant, the loan and security failed. This was the basis for the criminal prosecution and Hook's conviction! Viana, a Brazilian citizen, returned to Brazil when Wittek failed a year before their indictment and, necessarily therefor, without knowledge of it.
Wittek's failure was caused by a cabal consisting of key employees, a local bank lender, their lawyer, assisted by others, including Department of Labor and Internal Revenue Service personnel, whether advertent or not, and ultimately, the Office of the United States Attorney for the Central Federal Judicial District of Illinois, which was bent on ousting Viana by a campaign to smear her with Wittek's suppliers and customers and to throw Wittek and Viana into bankruptcy so that they could despoil their assets and divide Wittek's extensive patents, marks, machinery, business and business prospects among themselves.
The failure of the security was caused by the Courts' unwillingness to protect it against bogus judgment liens, specifically Judge Potter of the U.S. District Court for the Western District of North Carolina, Judges Niemeyer and Williams and Chief Judge Ervin of the 4th Circuit Court of Appeals, and the Justices of the United States Supreme Court, all of whom declined to honor and enforce the Rule of Law; Judge Potter by consolidating two disparate cases, giving prejudicial instructions, and ruling against Wittek, all manifestly contrary to law and the evidence; the three Judges of the 4th Circuit Court of Appeals, by ignoring clearly established applicable contract law and ignoring that there were no facts sufficient to support Judge Potter's egregiously flawed decisions.
In the judgment lien* priority case that followed, Judge Potter preposterously held tht he had no jurisdiction to stop a North Carolina Sheriff's sale based on the misuse of his judgments. The Judges of the 4th Circuit Court of Appeals affirmed Judge Potter, asserting, again ludicrously, that a federal court rule, which is passed into law by Congress, is not a federal law for the purpose of conferring federal jurisdiction to stop a sheriff's sale dependent on a federal judgment the use of which was determined by such rule.
The Justices of the Supreme Court declined review, as they do most petitions, despite the exceptional importance of proper resolution to Federal Judicial System uniformity, and despite Hook's argument to them that federal jurisdiction must exist to prevent the misuse of federal judgments as so held previously by the Supreme Court and federal Circuit Courts for far less important reasons, based upon federal question, the federal courts' inherent power over its own judgments to prevent their use to abuse, oppress, or cause injustice and the ancillary equitable jurisdiction of the federal court that rendered the initial judgment.
For more information, see letter to the President: Paragraph # 1; Tab # 1; Exhibits A, B, C. These may be accessed by clicking "Pardon" on the HOME page hereof.
Because Hook should not have been prosecuted! Resjudicata,* judicial estoppel* and collateral estoppel* are well established legal doctrines. In PBGC v. Wittek, the federal government sought and obtained a judgment that the 6141 Pension Plan terminated 2/13/91. The premise of the criminal case against Hook and Viana was that it had not. As a terminated plan is not an ERISA Title 1 plan, the criminal statute under which Hook was prosecuted could not be triggered. As such status was also the premise of the federal wire fraud and federal money laundering charges, the federal doctrines of resjudicata, and judicial estoppel also precluded their prosecution.
For more information, see letter to the President: Paragraph # 2; Tab # 2. These may be accessed by clicking "Pardon" on the HOME page hereof.
Because Hook's trial was unfair! The federal doctrine of collateral estoppel* should have precluded the prosecution from presenting any facts contrary to PBGC v. Wittek. Instead, Judge Mihm permitted the prosecution to present such facts and precluded Hook from presenting the decree of PBGC v. Wittek, the admissions of the federal government which led to it, as well as the testimony of Hook's expert witness that the 6141 Plan had terminated as a matter of law, fact and contract, while also preventing Hook from challenging the contrary opinion of the prosecution's expert by cross-examination or argument to the jury. Judge Mihm also prevented Hook from presenting government evidence that would have scuttled the misrepresentation element essential to the federal wire fraud and money lanudering charges. Judge Mihm also prevented Hook from presenting substanitial evidence of his and Viana's bonafides* and the absence of mensrea* by excluding exhibits and testimony thereof, including the 4th Circuit briefs and the petition to the Supreme Court.
For more information, see letter to the President: Pargraph #s 3, 5; Tab # 3, 5; Exhibits A, B, C.
These may be accessed by clicking "Pardon" on the HOME page hereof.
Because Hook's appeal was unfair! Judges Kanne, Flaum and Evans of the 7th Circuit Court of Appeals affirmed Judge Mihm's decisions, ignoring that they violated federal estoppel* doctrines and Hook's constitutional right to present his defenses. Also, they held, disingenuously, that most issues raised by Hook were waived, which holding conflicted with the Court's own waiver precedents.
For more information, see letter to the President: Paragraph # 4; Tab # 4. These may be accessed by clicking "Pardon" on the HOME page hereof.
Because the Supreme Court ignored Hook's appeal! The Supreme Court declines most cases. So it did U.S. v. Hook, despite the egregious violations of basic constitutional trial rights by Judge Mihm and appeal rights by the 7th Circuit Court of Appeals.
Because President Clinton was too indisposed by his own concerns to grant Hook's application for Pardon! President Clinton spent the last days of his presidency concerned about his future and place in history, effecting a plea bagain to avoid prosecution for perjury as to Monica Lewinski in the Paula Jones case. Accordingly, he could not give substantive attention to the application of an innocent man who had been subjected to unconstitutional and unfair trial and appeal, resulting in a conviction that was unsupportable as a matter of fact and law in violation of constitutional due process and the Rule of Law.
Because President Bush was too intimidated by the reaction to President Clinton's pardons, too stingy by nature to countenance pardoning those who claimed to be innocent because of his disbelief in innocence, and too concerned that they might besmirch his place in history. In the last days, he commuted the sentences of two border guards, leaving town without even responding to worthy petitons such as mine.
WHAT CAN YOU DO?
Telegrams, e-mails, letters, postcards to President Obama. You can send one or more of these to the President, asking him to Pardon George Hook Now! You need do nothing more. However, you might also express your shock or other message because if Hook, an innocent and competent attorney can be prosecuted and convicted, any one can. You need only come to the feds' attention. That comes about through someone who has a grudge or gain from your removal. A loan or any other project failure can be perverted into "unlawful conversion," a federal crime. Any use of mail or telephone can be twisted into a federal crime. A U.S. Attorney is on record that a mailed or phoned practical joke is a federal crime [U.S. v. Walters, 997 F.2d 1219, 1224 (7th Cir. 1993)]; a Supreme Court Justice that falsely flattering a bank loan officer to obtain a loan is a federal crime [U.S.v Wells, 519 US 482, 512, n. 14 (1997)]; a panel of three Appellate Court Judges that a real estate broker is guilty of money laundering when the buyer makes a $22,000 cash down payment on a $191,000 home and the prosecutor can convince the jury that she consciously avoided learning that he was allegedly a drug dealer [U.S. v. Campbell, 977 F.2d 854 (4th Cir. 1992]! The landlord, grocer, car dealer, travel agent, relative, casual purchaser, anyone who receives anything from anyone whom the feds perceive or assert to be a suspicious character is likewise ripe for prosecution, conviction and incarceration! Cash or check, its a federal crime!
You can also let others know about the hideous case of Hook and encourage them to contact the President, the Attorney General and the Pardon Attorney. All that is needed now is to incite them to action by asking each of them to PARDON GEORGE HOOK NOW!
The President may be reached by telegram and letter addressed to him at: