June 01, 2000:
At 10:00 am, Caryl Leventhal, her attorney and her
husband appeared for mandatory mediation in US Federal Court. Present were the US Attorney and
the District Counsel for the Immigration and Naturalization Service.
Mandatory mediation is held in front of a Federal Magistrate whose job is to see if an
agreement can be reached prior to trial. It is here that either a
settlement agreement can be agreed upon, or the positions of parties can be
further clarified to each other.
Caryl's husband
explains her view that this complaint should never have had to reach the level of
litigation in Federal court. He states that they are not litigious people
and that before four years of obstruction of justice (1996-1999), months of crank calls when
Caryl was sick and even a death threat, Caryl would have been happy
if those who brutalized her were punished. He goes on to say that
financial considerations only have meaning because of our
system of law, but that it is only symbolic and very negotiable. Ms.
Leventhal (who is far from wealthy) offers to give any settlement money to
charity to prove her good will. On principle, she is only interested in receiving $261.05 in
unfairly withheld sick pay and $121.11 in money she personally contributed to
her retirement fund. She considers the latter to have been stolen from her
and USDOJ refusal to return these funds to be an illegal affront to the American
people. Anything else can go towards charity and attorney
fees.
Mr. Leventhal
then goes on to say that Caryl Leventhal will accept no settlement unless her
personnel records at the US Department of Justice are changed to reflect that
Caryl was unfairly treated while at INS. This cruelty is glaringly obvious
and confirmed by events after
June 10, 1996 when she had a
confirmed
exacerbation of Multiple Sclerosis. He
reaffirms that the most important thing to Caryl is a letter stating that she
was (a) treated unfairly, (b) that she was unfairly denied sick pay since she
followed regulations and (c) [contrary to her letter of termination
without prior warning and suffering an exacerbation of Multiple Sclerosis confirmed by doctor's
note]
her being home seriously ill did not [as stated in her termination letter]
"demonstrates lack of dedication to your job."
EDITOR'S
NOTE: Lawyers don't
understand this at all. To the lawyer, money validates everything.
It is the means of resolution forced upon them within the environment in which
they work. It doesn't imply anything negative to them or their
profession. Indeed, the concept that money alone achieves justice is more
of an indictment of a shallow society, where individual responsibility for
actions can be
bought and sold. It is to the honor of Caryl Leventhal's attorney that he
hasn't attempted to inflict these debased values on his client.
If Caryl's
lawsuit involved a private sector company, the plaintiff's request for revision
of personnel records would be a non-issue. Private sector settlement
disputes are more involved with the financial "bottom line."
Responsibility to their shareholders is of paramount importance. As long
as the accusation of the abuse is not claimed to be company policy, they would
be glad to make record changes in the interest of good will.
In the government
sector and particularly the USDOJ, ego and arrogance is far more important than
money. Changing personnel records to reflect truth, is an affront to their
arrogance of power and self-perceived invulnerability. They are consumed
with indignation and would prefer squandering millions of taxpayer dollars in
lengthy and unnecessary litigation to squash any American that was obviously and
brutally wronged.
Caryl's husband
goes on to say that her family has been in America since the early 1700's and has displayed their devotion to America in every war. Her maiden name of
"BALL" cannot continue to be debased on Federal Records. He
continues that her married name of "Leventhal" is held by the foundry
workers who made the Iwo Jima Statue in Washington DC. The vicious and
obtuse actions of INS bureaucrats degrades the honest toil of all
Americans. Four years of slander must be obliterated.
The sneering INS
District Counsel bureaucrat offers only to have Caryl Leventhal resign with no
prejudice. He offers several thousand dollars in compensation in which
Mrs. Leventhal has no real interest. Mrs. Leventhal responds
that she will not compound their lies by agreeing to more lies ... no matter how
much money is eventually offered. "Even
with Multiple Sclerosis, I will continue this battle. I will continue if
these monsters totally destroy my health . I will never become party to
their lies. I will fight on in the public and legal arena until
vindicated."
(This is why I adore her. She is the reason
my heart beats. It is an honor that she accepts my love. LTC Michael
G. Leventhal)
A
Modern Day Dorothy Stands up to the Wicked... Scroll Down to Vote
for Caryl's Fate |
|

|
Brutalized
by INS sadists, Caryl's torment is compounded by the wicked INS District
Counsel and the US Attorney |
Caryl's
only hope for safety and justice is a fair hearing in the courtroom of
the good judge of the Southern District (In fact, the "Good
Judge" turns out to be not so good.) |
 |
THE UNANSWERED
QUESTIONS: Why
did judge Shira Scheindlin keep from the jury and court record, evidence and
testimony of the
rampant terrorist friendly corruption Caryl Leventhal was attempting to
stop (You can find it
by going to the Sworn Deposition of Brenda Grant).
Why did Judge Shira
Scheindlin refuse to allow Caryl Leventhal a short time to secure a new attorney
when the one she had
was issued
a letter of admonition by the courts on September 26, 2000 (the day he was to
represent Caryl Leventhal in court concerning her complaint against the US
Department of Justice) "for conduct that adversely reflects on his fitness as a
lawyer." (On January
6, 2003, Caryl's former lawyer will be suspended from practicing law under
charges of "conduct involving dishonesty, fraud, deceit or misrepresentation."
Why did Eric B. Fisher, Deputy US Attorney place winning a case over
information from this whistleblower that could
warn the American people of terrorism? Why
did Alan R. Kaufman, Chief of the US Attorney's (Southern District) Criminal
Division threaten The Leventhal family with arrest and prosecution if they
didn't censor this website to place the US Department of Justice in a better
light? Why are they working to place America at risk?
June 16, 2000: US Attorney reaches new low in judicial sadism by requesting that Caryl
Leventhal be deposed two more times in July heat. This is in spite of
four months of pleas by Ms. Leventhal's husband to finish deposing his
brain damaged wife and victim of Multiple Sclerosis in
cooler
weather.
July 12, 2000: Brenda Grant (Eric B.
Fisher, US Attorney's main witness) is deposed. Afterwards, Mr. Leventhal
tells the US Attorney that if someone would only tell Caryl they were sorry for
what Ms. Grant had just admitted to doing, everything could be ended on the
spot. This would symbolically show that the US Department of Justice
Immigration and Naturalization Service plans on stopping their terrorist
friendly corruption that is placing America at risk. The US Attorney says "I can't do that."
August 7, 2000: The US Attorney sends judge a
request for filing Summary Judgment. For explanation, strategy, progress
and results, Click
"Briefcase
Law."
August 22, 2000: At his wife's request, Mr.
Leventhal sends a certified letter to Judge Scheindlin, explaining that
justice
would not be served if a September 25, 2000 trial is held and giving reasons. Judge Shira Scheindlin refuses to extend the short trial
preparation period, thus precluding a developed court presentation.
September 6, 2000: US Attorney arrogance changes to frantic strategy of
damage control as information about Caryl Leventhal living under a
death
threat (with inaction from USDOJ) for two and one half years reaches the court.
September 15, 2000: Eric Fisher, US Attorney,
moves to suppress trial evidence relative to recorded death threat against Caryl
Leventhal and her husband. Attempts to obstruct justice to cover for
criminals. Click
DESPERATION
September 18, 2000: Plaintiff
Rebuttal for Motion to Suppress. Click
REBUTTAL
September 21, 2000 US Attorney moves to suppress
trial evidence relative to (1) religious discrimination and (2) All mention of subsequent Administrative Complaint Process.
Judge rules that religious discrimination while employed by INS can be
included. Judge rules that very anti-Semitic death threat telephone call tape
cannot be played although
testimony on harassing telephone calls during Administrative Process can be included. On
the other hand, information of what was on the tape recorded message cannot be
spoken of. This will prove very hurtful to Caryl's case on the religious discrimination
level but it is generally done this way. Legal precedent tends to omit as
evidence information that might be "inflammatory" or
"prejudicial" to the jury. To non-lawyers (like myself), this
might seem unfair. But in many ways, who wins a case is based more on what
the jury is kept from hearing than anything else.
September 22, 2000 Attempt by US
Attorney's Criminal Division to intimidate the Leventhal Family and influence
testimony in federal court case. Click
DELUSIONS
OF OMNIPOTENCE
September 11, 2001 Update
