Does Leonard Cohen's Racketeering, Extortion, Etc. Annoy Him?

From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Sun, Jan 17, 2016 at 1:12 PM
Subject: Fwd: Your threatened suit for "insurance fraud"
To: "*irs. commissioner" <*IRS.Commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, ": Division, Criminal" <Criminal.Division@usdoj.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, MollyHale <MollyHale@ucia.gov>, fsb <fsb@fsb.ru>, rbyucaipa <rbyucaipa@yahoo.com>, khuvane <khuvane@caa.com>, blourd <blourd@caa.com>, Robert MacMillan <robert.macmillan@gmail.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, Mick Brown <mick.brown@telegraph.co.uk>, "glenn.greenwald" <glenn.greenwald@firstlook.org>, Harriet Ryan <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, Stan Garnett <stan.garnett@gmail.com>, Mike Feuer <mike.feuer@lacity.org>, "mayor.garcetti" <mayor.garcetti@lacity.org>, Opla-pd-los-occ <OPLA-PD-LOS-OCC@ice.dhs.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, Whistleblower <whistleblower@judiciary-rep.senate.gov>, Attacheottawa <AttacheOttawa@ci.irs.gov>, tips@radaronline.com

IRS, FBI, and DOJ,

Cohen and his representatives have one excuse after another for what is clearly criminal conduct.  I have corresponded with Lloyd's of London on this issue and will contact the Insurance Commissioner this week.  It's interesting that Greenberg raised allegations related to extortion, Cohen, and the insurance fraud scheme.  I have no details re. the fraudulent settlement with Westin apart from Cohen's testimony that they illegally rectified a mistake in my ownership in TH - proving, from my perspective, that Cohen and his representatives intentionally filed fraudulent tax returns re. TH for the years 2001, 2002, and 2003.  I see merit in my RICO suit and we shall see what a federal court sees in approximately two weeks.  The federal court should see racketeering.  

Kelley

---------- Forwarded message ----------
From: Stephen Gianelli <stephengianelli@gmail.com>
Date: Sun, Jan 17, 2016 at 6:58 AM
Subject: Your threatened suit for "insurance fraud"
To: Kelley Lynch <kelley.lynch.2013@gmail.com>
Cc: BlindDistribution@gmail.com

Ms. Lynch,

The California Insurance Code provision you reference, Section 1871.7(b), does indeed provide a civil remedy for violations of California Penal Code section 550.5.

However, you overlook at least three important obsticles to your prosecution of such a civil action: 

1. Penal Code section 550.5, in pertinant part, criminalizes the submission of a false insurance claim. While your mass email announcing the intention to file such an action "after I file my RICO suit againsat Cohen, in the next tw weeks" is silent about what matter you reference, it is assumed that you refer to the settlement of Leonard Cohen's legal malpractice action against Richard Westin in LA Superior Court No. BC338322. 

However, Leonard Cohen did not submit a claim under a contract of insurance in that matter - which did not involve a first party insurance claim at all. Rather, Cohen simply sued Westin for damages for which Westin was apparently indemnified under an applicable malpractice policy‎. Cohen was not pursuing any insurance claim in BC338322, he was simply prosecuting a malpractice claim. Even if the claim was groundless, this would not constitute a "claim under a contract of insurance" at all - let alone a criminal violation of Penal Code section 550.5.

2. Even if Cohen filled out and subscribed a claim form under a policy of insurance which you could prove was false or fradulent, you are not among the class of persons intended to be protected by Penal Code section 550.5 (insurance companies), nor were you damaged by any alleged act of insurance fraud. 

Therefore, you do not have standing to pursue such a civil action. 

3. The statute of limitations for fraud in California provided by Code of Civil Procedure section 339 is three years from the date of discovery of the wrong. 

You have been sending out emails and publishing blog posts since at least April of 2010 wondering aloud about the amount that Richard Westin paid to Cohen in the settlement. You further stated you had a "right to kno1" this information, and intended to "subpoena" the settlement documents. Last, in PRIOR to 2007 you met with lawyers employed with Bois Schiller and alleged that Cohen tried to enlist you in a scheme to fraudulently recoup his losses from Traditional Holdings, LLC through an insurance claim or claims, and that you "refused to participate". These allegations were repeated in the Natural Wealth lawsuit filed in federal district court in Colorado. 

Therefore any such suit for "insurance fraud" in 2006 through the Cohen-Westin settlement  would be barred by the applicable statute ‎of limitations. 

4. For all three reasons. No insurance claim, no standing, and the statute of limitations, any such suit by you would be utterly without merit and would never survive the pleading stage.

Clearly, you now see that any "RICO" suit would never survive the initial merits review in connection with your fee waiver application, and you are jumping ahead to the next legal proceeding you can initiate t‎o harass Cohen without violating the Colorado protection order. 

Nice try, no cigar.