For Students of political science re Banking: WHY ENFORCEMENT OF CRIMINAL LAW is vital for our ECONOMY.
Each Democracy must have a central Government (Federal) and there may be in the NATION State (Australia) that has 6 state Parliaments and 2 Territories. The critical ingredient for peace (preventing civil war) is the SEPARATION OF POWERS.
The THREE POWERS and our democracy specifically work well for the Westminster System when there exits a clearly defined SEPARATION of POWERS: These Powers are: Government known as the EXECUTIVE; the JUDICIARY; and the PUBLIC SERVICE for administration of policy. In addition, often referred to as the 'fourth power' is the Freedom of the Press - the MEDIA.
Sadly, in Australia the Executive and the Public Service appear to be melded together particularly re BANKING and FINANCIAL products and services and that is why we the people have amassed the evidence, utilising the powers of collectivism. Have the Judiciary (Judges) been captured by the other two powers?
Occasionally this happens, but over 100 years or more, our courts and Judiciary have served us well, evidenced by their judgments particularly in the area of Banking. Now, more than ever, those initial dozen cases, and spin-off cases, in Supreme Courts, Appeal Courts and even the High Court have provided what is called Precedent Set decisions. Winnable cases provide us all with a clear understand of rulings within our legislative framework.
Strong arguments are being utilised by experienced barristers and QCs referring back to even 1980 authority to win arguments. Their specific knowledge of legislative provisions and common law, produced the necessary outcomes for borrowers of mortgage loans against the Major Banks.
Only a handful of lawyers have been involved in ground breaking decisions being handed down. The issue is money and the high cost of preparation of defences for mortgage borrowers.
Collective Criminal research became the key weapon for lawyers to particularly depend upon long time patterning and the identification of specific mechanics and corruption of bad bank processes coming from the top down. To achieve success, one has to first lobby Government and even private funding is critical to running such cases due to the expensive nature of gathering together a like-minded team. The effort required takes at least two years to bring to trial. Costs would run into millions of dollars if challenged all the way a to the High Court. One must be prepared.
Excellent, experienced legal minds came from different states to achieve success. Banks are a formidable foe indeed. Yet the grass roots efforts by the people themselves are critical as are the cases themselves to run, and must be chosen without emotion but with success in mind for the greater good.
Do those famous cases, then go on to serve everyone else when 97% of the general public cannot even afford to walk up the steps of a Civil Law Court? The answer is yes.
A professional well conversant with those arguments and not just an observer and reader, but someone understanding the weight of the effort to achieve a coveted victory against banks, can then use those same arguments and precedents in quiet discussion with appointed bank officers. That created the basis for many out of court settlements behind closed doors and no lawyers involved due to costs.
This is good news for borrowers who number in the hundreds and have achieved success in settling these matters. However, to have debts significantly reduced or extinguished is a specialized field. Only 20 or so Judges have heard cases of this nature providing a win, due to the fact that most people cannot afford the cost of legal advice for more than one hour.
I think we should be proud of our Judiciary coping with this madness and as they have said: "this is a most unusual case."
The fact remains that most Judges and lawyers are not familiar with these defences as they rarely come across them in the Civil Courts.
Should it be then that the fairest way to achieve justice in CIVIL law would be for The Nation and the States to provide funding for such cases? That can never happen. Why? Firstly lawyers would not be privy to the research required on each case, and would take 20 years to build up enough experience required to fight these banks on their own turf. The experienced Bank lawyers and SILKS would be a formidable enemy.
Powerful Bank lawyers and deep pocketed masters provide the the biggest criticism of The Whacko Turnbull Tribunal idea. Its a cheap trick to make people feel they would achieve justice in their own particular case, if arguing against BANK SILKS.
The only JUSTICE for Borrower Victims of Bad Banking practices is for the Australian Government to swoop down on the Ponzi Mortgage Financing Bankers who are running the CRIMINAL CARTEL. The Prime Minister needs to urgently order APRA to report these CRIMES to Treasury and as a consequence, indulge in the enforcement of CRIMINAL LAW against these Bankers.
These cases are not a matter of CIVIL disobedience or maladministration in lending. These crimes are mass produced intentionally fraudulent mortgage products designed to harbour "asset-stripping" on a massive scale across the Nation. Bankers have engaged in criminally insane racketeering activities and thereby profiting from the proceeds of white collar crime.
Unless and until the victims themselves start to appreciate the bigger picture, they can never climb out of their own situation and claim victory that could then lead to the protection of future generations from suffering the same fate. Sometimes we need to find our own magnificent obsession that transcends our own raison d'etre. How do we achieve that? As an individual it is a tough road, but as a cohesive group of like minds we learn from each other's experiences and the collective exchange of valuable and sensible informed discourse.
The answer of course rests with the Government of the Day and the Prime Minister: To take heed of those producing evidence of mass criminal banking activities. In FACT to bury the truth is to acknowledge the COVER UP. People can see this happening right now, particularly over the past four years.
We have had all the 21 Senate and Joint Inquiries we can stomach. The evidence has been precedent and the MPs admit they do not understand the above. None have completed a political science degree and most are clueless on CRIMINAL LAW.
Then we had the Financial System Inquiry run by a Banker with zero integrity conflict of interest and the findings legitimately dubbed the banker "smoke screen." Murray refused to examine MORTGAGE FRAUD. He pretended we did not have a problem in lending and bad loan practices.
ENFORCEMENT OF CRIMINAL LAW is paramount and The PM must stop treating mortgage fraud cases as if they were "bank errors always in the bank's favour" to enable the stealing of people's homes. This is a $300 billion industry led by crime czars in banking. Charges need to be laid against bankers and cover up merchants. The Mortgage Fraud Scandal has effected the ECONOMY and this corrupted Government is trying to use band-aids to fix the problems of having the highest DEBT LEVELS in the world.....all thanks to the GREED of BANKERS.
.
Only a ROYAL COMMISSION into BANKING and Financial Products and Services can lift the lid on these grubby activities: The Underbelly of the Banking Trade. Too many Scandals!!!!
A Royal Commissioner would also be able to expose the fragility we have developed in our own SEPARATION OF POWERS. The importance of identification of who, what and when, can only then begin to repair our corrupt system of banking and government, demonstrating the fact that such alliances and mate-ships have caused our economy to falter. Damage is already unimaginable but we must each use our individual POWERS to become keen Truth Seekers and demand Justice under CRIMINAL LAW.
Our collective evidence is our TRUTH and our own discovery of one the greatest bank heists this country has ever experienced in its 246 year history.
RBA, ASIC and APRA need to be rebuilt from the ground up. Australians need a powerful ENFORCER OF LAW in the area of WHITE COLLAR CRIME.
BFCSA Banking & Finance Consumers Support Association
Denise L Brailey
denise@bfcsa.com.au
#bankRC#mortgagefraud