Dirty Deeds Project - Gregory Cerchione - Donald Scott Kurtz - Theresa Caruso
Is an attorney ever authorized to lie to the court?
Three parties in cahoots / collusion ?
--We found a questionable deed New York State Judge Donald Scott Kurtz ignored and were convinced to dig in and dig deep.
--We reviewed thousands of deeds to see if deeds like Judge Kurtz avoided addressing were common. Do these temporal anomalies make sense and are they legal?
--The answer is they are so uncommon as to not exist except for this one attorney/notary combo.
--Judge Kurtz got caught (10035/2008) not doing his ministerial duty of reviewing cases for facial sufficiency(as in when cop does not date ticket).
--He then doubled down at each and every point to not correct the initial malfeasance. The bad deed is just one of his more recent lies / cheats / crimes.
The Growler is now grinding thru almost 900,000 deeds to see if, as claimed by Gregory T. Cerchione, he is authorized to lie by the court.
|# of Deeds||4,000||-|
|# Referee's Deeds||62||20|
|# Dated after notarization||0||4|
Probability the Cerchione deeds are illegal ... 99.983%
--Attorney Gregory Cerchione is appointed as a Referee.
--Referee is appointed to calculate date of default, amount owed, statutory interest, to notice the sale, conduct the auction, conduct the sale and file a referee's report of sale.
--Referee signs an oath to ...
--This Referee, Gregory Cerchione, signed a deed swearing that the deed was transferred on the 20th but was notarized on the 15th.
--When called on the fact that it was impossible to notarize a deed dated in the future, the notary, Theresa Caruso, an employee of Gregory Cerchione, admitted to all the elements of the crime.
--When called on the fact that it was to say a deed already occurred in the future, Gregory Cerchione said, in effect, the court authorized him to lie:
--We have reviewed 8,000 deeds and come across ?? referee dees. NONE of them are dated in advance of the notarization.
--One would think if it was OK to notarize something that had not yet occurred, all the referees would be doing it.
New York Penal Law 170.10 - Forgery in the second degree.
A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
1. A deed, will, codicil, contract, assignment, ...
The Oath of Office Judiciary Law § 466, entitled "Attorney’s oath of office,"
states in relevant part that:
Each person, admitted as prescribed in this chapter must, upon his [or her] admission, take the constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the office of the clerk of the appellate division of the supreme court for that purpose.
The text of the oath is set forth in § 1 of Article XIII of the New York State Constitution,
I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of [attorney and counselor-at-law], according to the best of my ability.
Notary's Oath - New York State:
I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State New York, and that I will faithfully discharge the duties of the office of Notary Public for the State of New York according to the best of my ability.
New York State Constitution:ARTICLE XIII PUBLIC OFFICERS
[Oath of office; no other test for public office]
Section 1. Members of the legislature, and all officers, executive and judicial, except such inferior officers as shall be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:
“I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of ......, according to the best of my ability;”
and no other oath, declaration or test shall be required as a qualification for any office of public trust, except that any committee of a political party may, by rule, provide for equal representation of the sexes on any such committee, and a state convention of a political party, at which candidates for public office are nominated, may, by rule, provide for equal representation of the sexes on any committee of such party. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)