Guardaley | X-Art
Malibu Media attorney Paul Nicoletti is criminally charged with bank fraud
Two weeks ago I wrote about a Malibu Media attorney from Colorado, Jason Aaron Kotzker, who was accused by the Federal Trade Commission of a payday loan fraud. While that lawsuit is a civil one (albeit filed by a federal agency), some attorneys privately told me that it is clear as day that a criminal indictment will follow, although it may take time.
Paul Nicoletti
Apparently, the time is up for another member of Guardaley/Keith Lipscomb/Malibu Media Mafia — Paul Nicoletti, who is in charge of the porn copyright racket in Michigan, Indiana and Illinois (in Illinois he was lately formally replaced by Mary K. Schulz, but he still curates her most important cases). In addition, Nicoletti actively files Guardaley/Voltage non-porn lawsuits in Michigan.
Nicoletti was accused of participation in a mortgage fraud scheme as early as in 2006. In fact, a couple of lawsuits were filed in the Oakland County court by banks and mortgage companies (see the list below). A blog that tracks mortgage frauds described the allegations as follows¹:
The lawsuit describes a scheme in which one or more of the defendants (referred to as the facilitating parties) would identify a residential property or vacant lot in Birmingham or Bloomfield Hills, Michigan and would obtain an appraisal from one of the appraiser defendants that was far in excess of the actual fair market value of the property. The properties were purchased from the existing owner in a one or two step transaction in which the purchase or purchase and immediate resale resulted in a purchase price far in excess of the property’s value. The facilitators would utilize straw borrowers who were paid for their participation and the facilitators would submit false information to Fifth Third concerning the straw borrowers. The lawsuit further alleges that many closings on the fraudulent loans were arranged with the knowledge and participation of the title agency so the down payment was actually generated from the mortgage funds contributed by Fifth Third. Some of the transactions involved false HUD-1s that did not reflect the actual sources and recipients of funds from the closing proceeds.
It only took a decade to finally criminally charge the crook. Today I learned that on 6/28/2015 Paul Nicoletti was indicted by the Grand Jury on four counts: one count of “Bank fraud conspiracy” (18 U.S.C. § 1349), and three counts of “Bank fraud, aiding and abetting” (18 U.S.C. § 1344(2)).
The indictment was initially sealed, but was unsealed on 8/28/2015.
According to the indictment, Nicoletti’s role in the criminal conspiracy was significant:
Paul Nicoletti would knowingly facilitate the fraudulent real estate transactions by acting as the title agent, coordinating and conducting the real estate closings, preparing HUD-1 Settlement Statements, and disbursing the proceeds of the mortgage loans […]
And those disbursements were quite fat: the counts 2-4 specify:
- $1,754,380 on the $2,660,000 loan
- $1,385,959 on the $2,660,000 loan
- $1,824,156 on the $3,570,000 loan
Now, Nicoletti and his bosses in the Miami Troll Center had guts to continue filing lawsuits in Michigan and Illinois after the indictment: in MIED Nicoletti filed 10 Malibu Media shakedown cases on 9/1, and 19 cases on the very day of the indictment — 6/23. Two cases were filed on behalf of Lipscomb’s patent trolling outfit, Hawk Technologies on 8/7. In addition, the scumbag filed numerous other Guardaley/Voltage-driven lawsuits (9 Clear Skies Nevada mass cases on 9/9, 17 Cobbler Nevada mass cases on 8/6).
I don’t know how long it will take for the feds to prosecute and (hopefully) incarcerate the crook, but I will pray for it to happen sooner rather than later: this parasite must be locked up ASAP to prevent further harm to people.
Two days ago I wrote about Lipscomb’s return to California with the help of a rookie attorney Brenna Erlbaum, who already filed over 30 extortion lawsuits in CAND over the last week. Here is a piece of advice to Ms. Erlbaum: if you lie down with dogs, you’ll wake up with fleas; you will be judged by the lowest denominator that was set by Kotzker and Nicoletti.
The last note: I was disgusted by this news, but hardly surprised²: in my opinion, those who knowingly abuse an imperfect copyright law to extract huge sums of money from citizens, ruining families and careers in the process, have already crossed the line, and revelations of another fraudulent conduct don’t really add anything new to the portraits of racketeers with law licenses.
(United States of America vs. D-1 Paul Nicoletti, MIED 15-cr-20382)
Searching the Oakland County court site results in a list of 12 lawsuits where Paul Nicoletti and/or Nicoletti & Associates were sued by individuals and institutions (Plaintiff/Case number):
- LEVY HELEN (1996-515050-CK)
- FABRIZIO & NICOLETTI (1997-545870-CZ)
- APPOLLO FINANCIAL SERVICES INC (1999-017473-NZ)
- DREILICH MARIE (2004-055703-NM) — Detroit Metro Times: Nightmare on Highbury Court (Parts 1 & 2)
- CLD INC (2004-059677-CK)
- FIFTH THIRD MORTGAGE MI (2005-070592-CZ)
- FIDELITY NATIONAL TITLE INS CO (2008-092706-CK)
- SUMMIT BLOOMFIELD (2010-108654-CK)
- RASOR JAMES (2011-121762-NM)
- EXACT TITLE INS AGENCY (2012-124262-NM)
- AMERICAN EXPRESS CENTURION BANK (2014-144468-CK: Complaint)
- PNC BANK (2015-148227-CB: Complaint)
10 cases were disposed, but the last two are still alive. American Express Centurion Bank and PNC Bank both accuse Nicoletti of refusing to pay business credit card debt: $41,106.83 and $35,929.04 respectively.
Coverage
Followup
Related
Updates
9/18/2015
The case was reassigned to District Judge Victoria A. Roberts and Magistrate Judge Mona K. Majzoub. These judges handled many of Nicoletti’s porn and non-porn trolling cases.
Today Paul Nicoletti was arraigned, signed the acknowledgement of indictment, and pled not guilty. He will be represented by a court appointed attorney John R. Minock. Nicoletti was released on $10,000 bond. He was ordered to surrender his passport and concealed carry permit; he is barred from “possessing a firearm, destructive device, or other dangerous weapons” and leaving the continental US (I guess these are common release conditions).
All the defense’s pre-trial documents must be filed within 20 days from today, so I’ll post updates as anything noteworthy takes place.
9/24/2015
(Adjourned: see the 10/19/2016 update below)
Today Judge Roberts issued the scheduling order, setting the following deadlines:
- PLEA CUT-OFF: OCT. 23, 2015 (Call Court prior to the cut off to schedule a plea hearing)
- TRIAL DATE AND TIME: NOV. 23 2015 AT 9:00 AM
- PRETRIAL MOTIONS cannot be filed after: OCT. 9, 2015 without permission from the Court. RESPONSES due: per local rule. REPLY due: per local rule.
- MOTION HEARING DATE: N/A
- MOTIONS IN LIMINE cannot be filed after: NOV. 9, 2015 without permission from the Court. RESPONSES TO MOTIONS IN LIMINE due: NOV. 16, 2015
- PRETRIAL CONFERENCE & HEARING ON MOTIONS IN LIMINE (if necessary): to be set if necessary
- DEADLINE FOR WITNESS LISTS, PROPOSED VOIR DIRE, JURY INSTRUCTIONS, LIST OF EXHIBITS AND STIPULATION OF METHOD FOR REMOVING ALTERNATE JURORS: NOV. 5, 2015
9/27/2015
It appears that the feds tried to negotiate a plea with Nicoletti a year ago, before indicting him. A “miscellaneous” case 14-mc-51286 was filed in MIED on 9/9/2014. The docket lists only two documents, both dealing with the appointment of the federal defendant — the very same John Minock who defends Nicoletti in the present case.
9/28/2015
The audio of the 9/18 arraignment is now recapped. Holy shit! This guy is nuts: he asked the court to let him keep his CPL (concealed pistol license) because of “crazy online people” who made death threats and posted attorneys’ addresses.
I wanted to make a statement regarding these claims, but TAC’s comment didn’t leave anything to add:
I would be really interested to see evidence of these alleged death threats.
If someone actually attached to us is doing it, we’d run them out on a rail.
(You can hear the disbelief of the claims being true in my words)
That behavior is unacceptable and damages the work we do for Does.
We do not tolerate it, we do not advocate for it.The other side of that coin is this is not the first (nor the last I bet) time we will have been accused of doing horrible things. Funny those things never actually pan out, mostly because I think the Copyright Trolls do not understand the ethics we adhere to. They have tried and failed to portray us a bad actors, yet they persist hoping someone will believe the hype.
As to information posted online, public information is public. Cry me a river.
While they do dislike what it is we do, we know where the lines are and don’t cross them. We do not advocate violence against them. We are beating them by being above board and not sinking to their level of intimidating people to get what we want.
They really should stop using their fear of us exposing them as deceitful, lying scum as a crutch to try and shift the balance to their favor.
10/16/2015
The pretrial motion deadline (October 9) passed without a single document filed, which indicates a high probability of a plea deal. The next deadline — plea cut-off — is October 23.
10/19/2015
The trial has been moved to June 7th, 2016:
The Court, having reviewed and considered the stipulation of the parties,
dated October 14, 2014, and it appearing that additional time is necessary to allow
counsel to review voluminous discovery material, explore potential pretrial
motions, and to engage in possible pretrial plea negotiations, and to adequately
prepare for trial should a trial be necessary.
The new dates are:
- Pretrial motion cut-off: 4/12/2016
- The plea cut-off: 5/3/2016
- Motion in limine cut-off: 5/24/2016
- Trial: 6/7/2016 at 9:00 AM
5/4/2016
Yesterday was a plea cut-off day. However, today the parties stipulated to move the trial date and the related deadlines by four months. The judge issued an order shortly after. The new new dates are:
- Pretrial motion cut-off: 6/6/2016
- The plea cut-off: 9/2/2016
- Motion in limine cut-off: 9/23/2016
- Witness lists, proposed voir dire, jury instructions, etc.: 10/13/2016
- Trial: 10/17/2016 at 9:00 AM
9/12/2016
It looks like Nicoletti is trying to litigate by attrition — by requesting more and more documents from the government at the last moment. The government is fighting back, but Nicoletti’s tactics is working so far: the trial date was postponed again, for the third time.
- The plea cut-off: 1/9/2017
- Motion in limine cut-off: 2/20/2017
- Trial: 3/21/2017 at 9:00 AM
3/6/2016
Frustrating: yet another adjournment (h/t Raul). The new schedule is:
- Motion in limine cut-off: 3/3/2017
- The plea cut-off: 4/18/2017
- Trial: 6/12/2017 at 9:00 AM
4/28/2017
There is a small drama going on (thanks to Raul for the heads up): on 4/26/2017 Nicoletti’s counsel, a public defender John Minock, declared a breakdown of relationship and moved to withdraw:
Defendant is an attorney. Counsel and Defendant are completely at odds regarding how the case should be handled, including matters of trial strategy, such as what theory to pursue and whether certain critical evidence should be presented, including expert testimony.
In addition, Defendant has stated he does not believe that counsel has a sufficient understanding of the subject matter of the case, that counsel is not prepared and has not prepared properly, and that counsel should have requested the assistance of a second court appointed lawyer to represent Defendant.
The breakdown of the relationship is of such a strong nature that counsel cannot and should not represent Defendant.
Nicoletti filed a response, in which he conceded that he needs another defense lawyer to take over the case, but wants Minock to stay:
Defendant submits that even though Mr. Minock has engaged in malpractice and ethical violation, he should not be allowed to withdraw and force another lawyer to clean up the mess he has made. New Defense Counsel should be appointed but Mr. Minock should be ordered to assist new counsel in forming a competent Defense Team.
One particular claim in Nicoletti’s opposition is simply crazy if true (Craig Weier is the Assistant U.S. Attorney who signed the indictment):
[…] Defense Counsel is trying to withdraw based upon Defendant’s legitimate concerns regarding the AUSA’s prosecutorial misconduct. The Defendant’s concerns stem from Nicholas Weier, Esq. (the son of Craig Weier that was living at home with Craig Weier) initiating contact with the Defendant via email, texting, and then appearing at Defendant’s Office for a job interview, three years prior to Defendant’s indictment in this matter. While Craig Weier claims it was all a coincidence, it is virtually impossible for it to be, especially since Nicholas Weier was applying for his first real job as a lawyer after passing the bar exam. Recent political events have demonstrated far more unusual events involving the government, the FBI, and others. The appearance of impropriety is astonishing and Defense Counsel has flat out refused for the duration of his appointment to shed light on what is claimed to be a coincidence.
@fightcopytrolls Minock’s motion was granted today after the hearing. This will obviously cause more delay which may have been the goal.
— Raul (@Raul15340965) April 29, 2017
8/3/2017
Looks like Nicoletti’s plan to delay the trial by creating the drama described in the previous update worked as planned: the trial date is delayed again (I lost the count of postponements), this time till 3/19/2018.
2/25/2018
Justice was delayed again.
1/5/2018: the trial was moved to 7/17/2018 because of defense counsel’s “unforeseen medical issues.”
In the meantime, Paul Nicoletti, who cannot harm humans any longer (at least now), was allowed to kill innocent animals with a bow and arrow. I’m not kidding.
5/7/2019
Today a Detroit jury found Nicoletti guilty on all four counts of bank fraud. The sentencing is set to 9/24/2019.
¹ This blog post was removed after this story was published (I replaced the link with a reference to an imperfect Wayback Machine’s snapshot).
² It is worth noting that a defense attorney Paul Overhouser mentioned Nicoletti’s other shenanigans in the past.
Fight © Trolls 
Why does this Nicoletti saga remind me of the Kwame Kilpatrick epic?
Round and Round it goes, where it stops no one knows!
Why didn’t the Nicolettti use the same argument, of different Fifth Third Entities in the civil suit in Judge John J. McDonald’s court? Since a criminal case has a higher standard than a civil case, and Paul Nicoletti but NOT his wife, Mary Ann White Nicoletti was dismissed from the civil case, why didn’t the Nicoletti make this argument previously?
The June 6, 2006 letter from O’Reilly Rancilio to Paul J. Nicoletti, states: “if you remain agreeable to accepting service on behalf of yourself, Mary Ann Nicoletti, Continental Title and Nicoletti & Associates, P. C. without such an extension being granted, please return a signed Acknowledgement of Service on behalf of those parties to me no later than 5:00 p.m. tomorrow. “
It is interesting that numerous blog posts have disappeared. Did the Nicoletti have the blog hacked like the Ripoffreports were, eliminating Judge John J. McDonald’s name.
Notice screen prints are being kept for future reference!
What’s going on? No trial?
Nicoletti’s new trial date is Thursday, February 21, 2019m with his new public defender attorney, well- seasoned, James Howarth, (P15179) who was admitted to the Bar in 1968 when Nicoletti was 9 years old, and apparently has not matured much since.
Nicoletti first blamed 5/3 bank’s employees for the fraud, now he is arguing that the office of the U. S. Attorney made a palpable error.
“The ‘palpable error’ requirement is found in the critical documents submitted to the Court at the September 5th hearing. Exhibit A begins the government’s unintentional deception. The document is entitled “Fifth third Bancorp Subsidiaries” – surprisingly not “Fifth Third Bank” yada, yada, yada. . . . .
Nicoletti who has a history of intentional deception and a recipient of ill-gotten gains does NOT argue NOT Guilty of fraud and conspiracy but is making a mockery of the Judge Victoria Roberts Court and the Office of the U. S. Attorney with semantics.
He is abusing the legal system for his amusement, abusing the taxpayers who fund his merry-go-round of attorneys. Nicoletti has been playing the angles, his entire life to create a perception of success, instead of achieving legitimate success.
Mamma June, Daddy Georgy and flying monkey, Mary Ann White Nicoletti should be embarrassed by this scandalmonger of deceit, fraud, manipulation, and other chicanery !
This case is a true test of the credibility of the Judge Victoria Roberts court!
A screen print is being saved to be uploaded to RIPOFFREPORTS !
The Nicoletti and mama June are now selling used barnwood at an art market in Berkeley. With the Nicoletti’s history of scamming, how much is he overcharging for this stuff? Imagine, barn wood guaranteed for life and the Nicoletti is the “artist” It could be worth millions when if he is sentenced to life in Federal Prison! Is this a front for something else? A real professional career move. Maybe next, he will be selling pencils outside the Federal Courthouse.
How gullible does the Nicoletti think people are?
Per their web site:
“Meet Mother/Son duo June & Paul Nicoletti of Royal Oak & Troy, MI. Their barnboards are certified authentic and all are removed from their own barn located in Sebewaing, Michigan. The barn was constructed by the Amish in 1875. The barnboards create rustic beauty, while at the same time, will last for generations, have quality craftsmanship and are guaranteed for life.
Paul is the talented artist behind making the shelves, cabinets, mirrors, furniture, and frames.”
True to form, now that The Nicoletti is on his, at least, 3rd attorney at tax payer expense, he continues to manipulate the Victoria Roberts’ Court. His attorney, Howarth, is just a pawn through which the Nicoletti’s Motion to Dismiss and Motion for Reconsideration or Rehearing were submitted as they are written in the Nicoletti’s voice.
The Nicoletti said many times: “You can pay somebody, something, and they will do anything.” “Always, argue everything. “
The Government’s response to the Nicoletti’s latest, frivolous Motions:
CONCLUSION
NICOLETTI has utterly failed to establish any palpable defect in the proceedings relative to his Motion to Dismiss the indictment, has failed to establish that the Court was misled, and has failed to establish that any correction would lead to a different result. His Motion for Reconsideration should be denied.
The Victoria Roberts’s Court is just one of the Nicoletti’s venues for his legal abuse games.
Mamma June should be real proud of her boy, Paulie.
Has no remorse for ruining lives. Considered sociopathic by those who know him.
If he is such a great attorney, why is selling used barn wood, doesn’t he have any clients?
Nicoletti’s new trial date is Thursday, February 21, 2019m with his new public defender attorney, well- seasoned, James Howarth, (P15179) who was admitted to the Bar in 1968 when Nicoletti was 9 years old, and apparently has not matured much since.
If Howarth is this old, did Nicoletti chose him hoping he would kick the bucket and then have to find another attorney causing another delay; or, then argue he did not have proper representation as his attorney was ill-prepared or senile in an effort to get an appeal.
Judge Victoria Roberts should be paying attention to the Nicoletti games.
There is something going on with Nicoletti’s M.O., it sure isn’t justice but a criminal mind at work.
been looking into Howarth. Makes sense why he is with Nicoletti, beware.
Howarth is Nicoletti’s puppet. Documents are in the Nicoletti’s voice and are rubber stamped by the Howarth.
What will be the Nicoletti’s next stall tactic and legal abuse in the Roberts’ court? Obviously, Judge Roberts is onto the Nicoletti scam in her latest Order which DENIED the Nicoletti’s latest Motion for Rehearing or Reconsideration.
What will be the Nicoletti’s next stall tactic and legal abuse in the Roberts’ court?
By all appearances, the Nicoletti’s two former public defender attorneys wouldn’t file the Nicoletti’s sourced writings as their own, so they withdrew. Then the Nicoletti, gets over-ripe Attny Howarth who rubber stamps the Nicoletti documents as he has nothing to lose if he gets disbarred for fraud-on-the-court.
Mary Ann Nicoletti was Nicoletti’s flying monkey since he made himself uncollectable and scammed landlords, credit card companies, construction companies, clients, and so on; and apparently Howarth doesn’t have an issue with this role either
.
He is making Judge Victoria Roberts look really bad costing taxpayers a fortune. I wonder what her revenge will be.
BTW, Whitey Bulger’s cell is now vacant, he was involved with the Mafia.
Apparently, Mary Ann White Nicoletti and those kids are the recipients of all of Nicoletti’s ill-gotten gains. She was also complicit in Nicoletti’s scams as she was a principal in Continental Title the conduit for this 5/3 mortgage loan fraud scam.
Why hasn’t Mary Ann been indicted too?
Is her argument ignorance, maybe Nicoletti likes it this way? DUMB
Go to jail; go directly to jail; do not pass go, do n ok t collect $200.
This has gone on way too long.
Did you know that the Nicoletti has a restraining order against him, prohibiting him from distributing his client’s business plans to the client’s competitors? How low can you go?
Wonder what his next move will be to adjourn the trial again. He has guts jerking Judge Roberts around too.
You can bet Nicoletti is working on trying to get away with something else.
Sociopaths are people who have little to no conscience.
They will lie, cheat, steal and manipulate others for their own benefit. They know exactly what they are doing, they just don’t care because they don’t think that way.
If you are naive enough, they will brainwash you into doing exactly what they say and what they want which is the only time a sociopath is truly happy. Sociopaths can hide this well if you haven’t known them for long. They’re really nice and charming at first, almost too nice, but it’s extremely fake.
Has anyone noticed the gap from Feb 25, 2018 til August, all the comments were hacked !
Seems like the Nicoletti likes to Hack, including trying to guess e-mail passwords !
Wow!
There is a link below that reads “older comments.”
Book title the nicoletti Horvath caper
How about serial con man?
No integrity Nicoletti. He is making a fool of judge Roberts. Still can’t understand why Mary Ann White Nicoletti isn’t being considered his accomplice as a principal in Continental Title?
Nominated for Fraudster of the Century award in Italy!!!
Let’s see if he gets Horvath to also withdraw.
Here is the latest scheduling order for the Thursday, February 21, 2019 9 AM trial at U. S. District Court Eastern Division, Southern District in Detroit !
Click to access gov.uscourts.mied.302345.108.0.pdf
Okemos attorney sentenced for embezzling almost $30,000 from former client
Lansing State Journal 1/8/19
“Fixel told the woman she had never received the check, but bank records from the insurance company showed Fixel signed and deposited the check into her personal account, Wolf testified. ”
Amazingly, Prosecutor Jessica Cooper with whom Nicoletti worked refused to prosecute when she was sent info and personally contacted by a commissioner.
.
Amazingly, Agacinski from the AGC also turned a blind eye and eventually disappeared from the AGC when the MSC clerk was sent info.
United States of America v. Paul John Nicoletti, attorney out law
TRIAL OF THE CENTURY:
Thursday February 21, 2019 8:30 AM,
Judge Victoria A. Roberts
Theodore Levin U.S. Courthouse
231 W. Lafayette Blvd., Room 248
Detroit, MI 48226
Courtroom: Room 219
https://www.metrotimes.com/detroit/nightmare-on-highbury-court-part-2/Content?oid=2190611
“This is how they became a pair of thorns in Nicoletti’s side:”
Part 1 of the above article which is part 2.
https://www.metrotimes.com/detroit/nightmare-on-highbury-court/Content?oid=2190412
Nicoletti is my main man !
Lou Cifer
Since Nicoletti said “it is all a game” many times, do you think he is still playing a game with the court, Judge Roberts and taxpayers money?
Will the jury see through his games to protect the public?
Is Horvath Nicoletti’s flying monkey in this game, much like Mary Ann White Nicoletti in his game of life?
Another New Trial Date:
4/29/19
Again adjourned so Nicoletti’s attorney has time to prepare for trial.
REALLY, Nicoletti’s flying monkeys have been preparing for trial since 2015 !
Wouldn’t surprise me if Attny James Howarth withdraws or gets fired right before the April 2019 new trial date.
Do you think the Nicoletti is playing Judge Roberts again!!!!
What will Howarth’s next frivolous defense be????
If Nicoletti is so innocent, one would think that going before a jury of his peers would get this over with. Why does he keep prolonging the agony of defeat?
Aren’t frivolous defenses actionable with sanctions in court and with the AGC?????/
I would like to know that same thing. If taxpayer’s are flipping the bill for his attorney why can’t we say; ENOUGH?
The ball is in Judge Robert’s court. Why is she allowing Nicoletti’s abuse of process?
And, why isn’t Mary Ann White Nicoletti, as a principal in Continental Title, recipient of ill-gotten gains; and an accomplice as assets were titled in her name only being shielded?
Click to access 59453.pdf
COA
No. 318037 Oakland Circuit Cour
LC No. 2005-070592-CZ
CONTINENTAL TITLE INSURANCE AGENCY, INC., PAUL J. NICOLETTI, and MARY ANN NICOLETTI, Defendants/Third-Party Plaintiffs/Counter-Plaintiffs/Cross-Plaintiffs,
…this case, First American conceded for purposes of its motion for summary disposition that Continental Title, through Nicoletti, actively participated in the fraudulent scheme pertaining to the loan transactions.4
It is, nevertheless, apparent that any liability under the protection letter must be predicated on an association between actual losses incurred by Fifth Third Mortgage Company and the closings on the real estate transactions conducted by Continental Title. A lender suffers a loss where it does not receive what it bargained for, which could include “a bona fide mortgagor with the financial capacity to make the mortgage payments; a first lien on the property subject to foreclosure, if necessary; and the right to seek recovery of a deficiency after foreclosure from the mortgagor.”First American Title Ins Co v Vision Mtg Corp, Inc,298 N J Super 138, 143-144; 689 A2d 154 (1997).
Although the trial court did not address the borrower’s statement and affidavit of occupancy, the borrower’s statement indicates that it was approved by Lucia. Also, the affidavit of occupancy indicates that it was signed by Lucia, with Nicoletti acting as the notary.
,,,letter dated December 1, 2005, Fifth Third LLC’s lawyer indicated to First American that Fifth Third LLC had concluded that Continental Title was involved in fraudulent activity and that it would be seeking indemnification under the protection letter.
Because neither party has shown that this issue was presented to the trial court or that it could be resolved as a matter -9- transactions, Continental Title was “responsible for ensuring that all closing documents are properly executed and acknowledged.” The instructions also required Continental Title to certify that it complied with the instructions and provided that “[a]ll executed documents, conditions required at closing or other documents required at closing must be returned as part of the closed loan package.
Although the Fifth Third Entities’ argument focuses on the actions of Paul Nicoletti, it is apparent that Continental Title is the insuring agent. Nicoletti’s actions are, nevertheless, relevant because Continental Title acted through its officers and agents. Barclae v Zarb,300 Mich App 455, 472; 834 NW2d 100 (2013).
First American conceded for purposes of its motion that Continental Title, and Continental’s principal, Paul Nicoletti, were active participants in the fraudulent scheme.
The Devil Child of George and June
Now Nicoletti wants to go to Italy with his Mommy ! He wants his passport back. Do you think he is thinking about being a fugitive from justice; or, maybe take $$ to Italy so the Feds can’t get their hands on his ill-gotten gains? The last time he went to Italy it was with his attorney buddies. I think the DOJ should investigate why all 3 of them went to Italy. Nicoletti is the one who carried the purse.
What are some of the other possibilities for wanting to go to Italy with a pending Federal trial?
Remember he admitted being on meds for depression and wanted to carry a gun too.
Do you think Howarth will withdraw right before the 4/29/19 trial date too?
This is better than a Grisham thriller!!!
Bottom LINE: Nicolletti’s HOPES AND DREAMS are to convert other’s assets indirectly to himself and flying monkey, Mary Ann White Nicoletti (aka co-conspiritor) by also being a principal in Continental Title and allowing real estate to be titled in only Mary Ann’s name.
The Court needs to hold Nicoletti accountable for all this nonsense costing the tax payers a bundle.
Sock it to the habitual con-man and woman. Sickening!
I hear both Kwame and Al Capone are saving a place for Nicoletti!
When they make the book into a movie, we have some ideas on who should play Nickie, the Deuce. We don’t think he is aging gracefully, kind of looking puffy lately.
But how about Howarth? Who should play him? Submit ideas here.
When is it?
Who will be there, Judas?
Now Howarth is grasping at straws to save Nicoletti, the habitual deceptor !
The tapes are relevant ! ! ! !
What about harboring ill-gotten gains?
Never heard anyone say, any of them earn an honest living!
You told a lie, an odious damned lie; Upon my soul, a lie, a wicked lie. Shakespeare
See page 4 of the brief:
Click to access gov.uscourts.mied.302345.119.0.pdf
A copy and paste might work if the link does not.
How much are taxpayers paying for Howarth’s pettifogging and chicanery? AGC are you listening????
Bottom line: ill-gotten gains flowed to Nicoletti via a scheme !
Click to access gov.uscourts.mied.302345.125.0.pdf
Click to access gov.uscourts.mied.302345.128.0.pdf
Gov’t motion for clarification
Click to access gov.uscourts.mied.302345.130.0.pdf
There is also a motion re: the gov’ts concern that falsified documents will be entered by Nicoletti.
Good Call as there is evidence that in civil cases, Nicoletti “lifted” judges’ signatures and embedded in Orders not signed by judges. One in Judge E. Servitto’s court states that Nicoletti was ethical at all times, and another in Judge John McDonald’s court allows Nicoletti leins for over $200,000 for attorney fees he claims after he withdrew and would allow Nicoletti and the Judge to claim Nicoletti’s client’s home.
The warped mind of habitual liar Nicoletti !
04/29/2019 Minute Entry for proceedings before District Judge Victoria A. Roberts: Motion Hearing as to Paul Nicoletti held on 4/29/2019 re 130 MOTION For Clarification Of Court’s Order on Government Motion in Limine. Disposition: Motion granted. (Court Reporter: Suzanne Jacques) (Defendant Attorney: James Howarth) (AUSA: Craig Weier and John Neal) (LVer) (Entered: 04/29/2019)
04/29/2019 Minute Entry for proceedings before District Judge Victoria A. Roberts: Voir Dire Begun and Concluded and Jury Impaneled on 4/29/2019 as to Paul Nicoletti. Jury Trial continued to 4/30/2019 at 8:30 AM in Courtroom 811, before District Judge Victoria A. Roberts.(Court Reporter: Suzanne Jacques) (Defendant Attorney: James Howarth) (AUSA: Craig Weier and John Neal) (LVer) (Entered: 04/29/2019)
Minute Entry for proceedings before District Judge Victoria A. Roberts: Jury Trial Begun and Continued as to Paul Nicoletti on 4/30/2019. Jury Trial continued to 5/1/2019 8:30 AM before District Judge Victoria A. Roberts in Courtroom 811.(Court Reporter: Suzanne Jacques) (Defendant Attorney: James Howarth) (AUSA: Craig Weier and John Neal) (LVer) (Entered: 04/30/2019)
Minute Entry for proceedings before District Judge Victoria A. Roberts: Jury Trial Held and Continued as to Paul Nicoletti on 5/1/2019. Jury Trial set for 5/2/2019 at 8:30 AM before District Judge Victoria A. Roberts.(Court Reporter: Janice Coleman and Suzanne Jacques) (Defendant Attorney: James Howarth) (AUSA: Craig Weier and John Neal) (LVer) (Entered: 05/01/2019)
During the course of events in dealings with Mr. Paul Nicoletti, these occurrences have happened and documented with either photos, police reports or conversations.
Mr. Nicoletti told me many times, “you can always pay somebody something to do anything.” During the course of events, I have read multiple books on organized crime and the mob.
Mr. Nicoletti charged close to $100,000 in attorney fees, threw the case, did not reveal the actual damage amount until after a settlement occurred; and then it was learned that he was also representing the culprit bricklayer Viviano in the case. Within a month after the settlement, Mr. Nicoletti purchased new real estate and paid off a mortgage without selling his residence just as the judge in the case did. The Nicoletti real estate transactions were titled in the name of Mary Ann, not Paul, thereby an appearance that Mr. Nicoletti is uncollectable.
Mr. Nicoletti embezzled a $25,000 Frankenmuth insurance check through 5/3 Bank and bragged to another attorney they he got the entire whole settlement. He then went on to get a PPO to keep his 2 scammed clients apart not allowing them to attend church or court together. LINK BELOW
Apparently, Mr Nicoletti doesn’t want his former client in the Judge Victoria Roberts court, as Judge Roberts said “you have every right to be here… but don’t talk to my staff,; however, all she did was ask a legitimate question to a public employee.” However, in the Judge Martha Anderson Court, Mr. Nicoletti obtained a person protection order prohibiting his scammed clients from associating including going to church or court together.
I’m asking to modify it so Karen and I can attend court together, we’re friends, we attended church together prior to this PPO and I don’t think he [Nicoletti] has a right to violate our constitutional rights to say that we have to not have contact,” Dreilich said. “It’s just to protect himself from us testifying for each other. It’s absurd. It really is.”
When Dreilich asked Judge Martha D. Anderson, who issued the order, the legal justification for prohibiting her from contacting Nicoletti’s former clients, the judge responded: “Based on the fact that I signed the personal protection order.”
See link below of the case where Mr. Nicoletti took about $100,000 in legal fees, threw the case and did not make his client whole!
Nicoletti tried to obtain another bogus PPO from Judge Anderson, but his real intent was to create a false public record to intimidate his scammed client and affect her public sector employment.
The latest threatening incident occurred during Mr. Nicoletti’s April 30 trial, property vandalized. Last Christmas there was an anonymous vulgar Christmas card, hundreds of logged phone calls with either silence or breathing on the line. During my court case, to groom me, Mr. Nicoletti would grab my hand and say he liked me. Mr. Nicoletti would also make this stupid tttsk sound when I walked by. Tree limbs have been pulled off 3 different trees. One newly planted tree was cut to the ground, There have been bullet holes in both home and car windows. At least twice, trucks tried to run me off the road. Multiple times cars parked on my street and when I walk out, they blink their lights, sometimes they start their car and pull up in my drive, and relatively new tires had nails pound in the side walls, a bogus defamation suit where his client was mimicked on the internet. There is more, but this is all I can recall from memory.
HOW DOES PAUL NICOLETTI LIVE WITH HIMSELF?
With all the civil suits against him including a restraining order for sending his client’s business plans to competitors, the 5/3 case with a litany of ruined lives and indictments and as well as his 2 female clients who he scammed, and terrorized.
Life is simple: Do what is right, do your best and do well unto others!
Mr. Paul Nicoletti is an officer-of-the-court ( Bar #: P44419) whose affirmative duty is to the “body of law”.
As such, Mr. Nicoletti has a higher standard and should be held accountable to that higher standard than those who have not taken an oath to uphold the Constitution !
Ignorance of the law is NO excuse; and a blind eye to the law is even worse!
Minute Entry for proceedings before District Judge Victoria A. Roberts: Jury Trial Held and Continued as to Paul Nicoletti on 5/2/2019. Jury Trial set for 5/3/2019 at 9:15 AM before District Judge Victoria A. Roberts.(Court Reporter: Suzanne Jacques) (Defendant Attorney: James Howarth) (AUSA: Craig Weier and John Neal) (LVer) (Entered: 05/02/2019)
Minute Entry for proceedings before District Judge Victoria A. Roberts: Jury Trial Held and Continued as to Paul Nicoletti on 5/3/2019. Jury Trial continued to 5/6/2019 at 8:30 AM before District Judge Victoria A. Roberts.(Court Reporter: Suzanne Jacques) (Defendant Attorney: James Howarth) (AUSA: Craig Weier and John Neal) (LVer) (Entered: 05/03/2019)
DOES THIS LOOK LIKE NICOLETTI THREW THIS CASE TOO???
perfect example how the legal industry fails !
from: https://www.lawyerratingz.com/reviews/1147/Lawyer-Paul-Nicoletti.html
3/26/19 1 1 1 1 1
Total scumbag. Perfect example of a lying attorney that should not be allowed to practice law !! Especially in family court where children are involved !! He has told repeated lies that he made up as he went in court. He called me a liar in court about an event he knew NOTHING about…he tried to quickly get me to sign a court order taking time AWAY from me with my child TELLING ME NOT TO READ IT !! Even after i read and refused to sign it the judge STILL had to amend it because he DID NOT make the changes she told him to regarding parenting time and child support. Its hard enough for a father to take a mother to court to prove parentage and rights without being able to afford an attorney….then i have a sleazy person like this telling blatant nonsense lies to make it harder. Unfortunately the court will ALWAYS hear an attorney over a father ! Polygraph should be mandatory in family court for both sides AND attorney’s !!!!
Minute Entry for proceedings before District Judge Victoria A. Roberts: Jury Trial Held and Continued as to Paul Nicoletti on 5/6/2019. Jury Trial continued for 5/7/2019 at 9:15 AM before District Judge Victoria A. Roberts.(Court Reporter: Suzanne Jacques) (Defendant Attorney: James Howarth) (AUSA: Craig Weier and John Neal) (LVer) (Entered: 05/06/2019)
Click to access gov.uscourts.mied.302345.133.0.pdf
Sentencing 9/24/19 2 PM
On March 11, 2009, in re: to the Fifth Third Bank civil mortgage fraud case, Oakland Circuit Judge John J. McDonald dismissed defendants, Paul J. Nicoletti and Continental Mortgage Title Agency from the civil suit, but NOT Mary Ann White Nicoletti.
Yet, on May 7, 2019, Paul Nicoletti was found guilty on 4 counts including conspiracy to commit mortgage fraud and 3 counts of mortgage fraud. It is incongruous, that in the federal criminal case, that the higher standard of criminal liability prevailed, but in the civil case, Paul Nicoletti was dismissed which has a lower standard.
From:
Appeal from the Court of Appeals
The Honorable Jessica R. Cooper, the Honorable Kathleen Jansen, And the Honorable E. Thomas Fitzgerald
Canyon Construction, Inc.
Supreme Court No. 128692
Plaintiff/Apellee
Court of Appeals No. 259208
V
Lower Court No. 97000323- CK
Oakland County Circuit Court
Honorable John J. McDonald
Defendant/Appellant
“Again, with the appearance of bribes or kickbacks, based on Register of Deeds documents, on September 18, 2003, now just 14 days after the fraudulent September 4 2003 settlement, Judge McDonald, Mrs. McDonald and their son Patrick purchased a condo for Patrick without the McDonalds selling their primary residence as EXHIBIT 5. On this very same date, September 18, 2003, Attorney Nicoletti also paid off his 4 year, $168,000 mortgage on his lakefront vacation home as EXHIBIT 6. Then 7 days later, September 25, 2003, Attorney Nicoletti purchased a new Troy home, without selling his current Troy home as EXHIBIT 7.
Within a mere 21 days, (between September 4, 2003 and September 25, 2003) after the fraudulent settlement, both Attorney Nicoletti and Judge McDonald paid off mortgages, and purchased new high-end real estate without selling their original residences. This odds for 6 simultaneous occurrences to happen regarding 2 very specific individuals (Attorney Nicoletti and Judge McDonald) defies statistical probability.
Then 8 months later, Attorney Nicoletti had a huge 2 story addition built on this 2nd Troy home by Bavarian Builders of Frankenmuth Michigan which is within minutes of Frankenmuth Mutual Insurance Co., yet hours from the Troy Nicoletti home as EXHIBIT 8. Frankenmuth Mutual Insurance is endorsed by the Michigan Association of Home Builders who brag, they get involved in precedent setting legal cases as EXHIBITS 9 and 10.
Allegations of bribes and kickbacks have been previously introduced, and have never been denied, refute or disproved; only ignored by the opposing party.
At the October 15, 2003 hearing, Defendant/Appellant Stephens, Attorneys Nicoletti and Hogan withdrew, and the Court, contradictory to the Nicoletti Withdrawal Order, did not Stay the proceedings until new counsel could be retained; instead per the record, Defendant/Appellant Stephens was forced to sign settlement documents which had not been previously reviewed and Defendant was without legal counsel in the Courtroom. The Court stated to Attorney Mitchell for Frankenmuth Mutual: give the [Stephens Frankenmuth Mutual] check to Mr. Nicoletti as EXHIBIT 11. Later this same day, October 15, 2003, Attorney Nicoletti deposited the Stephens Frankenmuth settlement check dated September 4, 2003, which the same day as the fraudulent settlement and the same day Judge McDonald paid off his mortgage. Feloniously, Attorney Nicoletti deposited this Stephens’ check lacking her lawfully required endorsement.”
Set Hearings as to Paul Nicoletti: Sentencing set for 9/24/2019 at 2:00 PM before District Judge Victoria A. Roberts in Courtroom 1080. Sentencing memorandums due: 9/4/19. (LVer) (Entered: 05/07/2019)
STIPULATED ORDER to Allow Travel Outside the Eastern District of Michigan. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/14/2019)
ORDER on Petition for Action on Conditions of Pretrial Release – Bond Conditions Modified to Include: restricted travel to the Eastern District of Michigan, defendant must notify the State Bar of Michigan of his conviction by June 30, 2019, defendant must refrain from the practice of law in the United States and defendant must execute release for medical records. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/14/2019)
TRANSCRIPT of Excerpt of Jury Trial Proceedings – Testimony of Al Cliffel held on 4/30/2019 as to Paul Nicoletti. (Court Reporter/Transcriber: Suzanne Jacques) (Number of Pages: 22) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/5/2019. Redacted Transcript Deadline set for 6/17/2019. Release of Transcript Restriction set for 8/13/2019. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jacques, S.) (Entered: 05/15/2019)
It was later discovered that Nicoletti was also representing Viviano, the culprit in both brick centered lawsuits where both individuals lost their houses and property, and shortly there after the Nicoletti’s purchased new real estate!
Reportr Guyette, later received the Michigan Journalist of the Year award for breaking the Flint Water catastrophe !
Part 1
https://www.metrotimes.com/detroit/nightmare-on-highbury-court/Content?oid=2190412
part 2
https://www.metrotimes.com/detroit/nightmare-on-highbury-court-part-2/Content?oid=2190611
Editorial
https://www.metrotimes.com/detroit/nightmares-twist/Content?oid=2192492
“Last week Tamburo, a 39-year-old resident of Washington Township, was charged with federal felonies for his alleged role in 52 “mortgage fraud schemes” totaling more than $5.3 million. None of the alleged schemes involved the Dreilich home.
In the federal case, Tamburo is accused of working with an associate to “flip” houses, using “straw buyers” and “falsified loan applications” to artificially drive up the prices of homes with mortgages issued by the now defunct NetBank. All the loans fell into default, and most are “in various stages of foreclosure,” according to the feds.”