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  • Zalma’s Insurance Fraud Letter September 15, 2024

    Zalma’s Insurance Fraud Letter

    A ClaimSchool™ Publication © 2024 Barry Zalma & ClaimSchool, Inc.

    Read the full issue at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-november-15-2024-barry-zalma-esq-cfe-cxkycVolume 28, Issue 21 – November 15, 2024

    “Honor, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them if we basely entail hereditary bondage on them.”

    Thomas Jefferson

    Insurance Fraud Requires Doctor to Lose his License

    Sexual Misconduct, Fraud, Bribery & Unnecessary Surgery Revokes License

    Louis Quartararo appealed from an August 22, 2022 final agency decision of the State Board of Medical Examiners (Board), revoking his license to practice medicine and surgery in New Jersey. The Superior Court of New Jersey, in In The Matter Of The Suspension Or Revocation Of The License Of Louis Quartararo, M.D. License No. 25MA07137700 To Practice Medicine And Surgery In The State Of New Jersey, No. A-0425-22, Superior Court of New Jersey, Appellate Division (October 31, 2024) affirmed the revocation.

    The Board charged Dr. Quartararo with engaging in sexual contact with patients; negligent acts by performing surgeries with co-surgeons who lacked the requisite privileges; and acts of fraud, deception and misrepresentation by miscoding procedures on patient operative reports and listing procedures in the reports he had not performed for the purpose of ensuring insurance coverage.

    FACTS

    Quartararo was a physician and Board-certified orthopedic surgeon licensed to practice medicine in New Jersey.

    Approximately one week before K.D. was scheduled to meet with Board investigators, Quartararo gave K.D. $20,916, which K.D. told an investigator was “for school.” Later, Quartararo’s attorney offered her more money to retract the statement she had made to the Board about her relationship with Quartararo.

    THE OAL HEARING

    At a formal hearing, the Board’s expert, Dr. Ashraf addressed Quartararo’s treatment of patient Y.O. revealed that the surgical procedures Quartararo performed were not medically necessary. In reviewing the description of Quartararo’s procedure on Y.O.’s spine, Dr. Ashraf concluded that Quartararo’s surgery on Y.O.’s completely normal spine “is gross negligence.”

    Regarding the fraud claims alleging that Quartararo had failed to properly code surgical procedures that he performed on E.S., D.C., Y.O., L.V., D.E., and V.C., Dr. Ashraf testified that the “whole function” of the “operations” section on the first page of the operative report was to list the procedures that were performed during the operation and he testified that, despite “laminotomy” appearing on the first page of V.C.’s and D.C.’s reports, their post-surgery MRIs revealed that laminotomies had not been performed.

    THE ALJ’S DECISION

    The Administrative Law Judge (ALJ) issued a comprehensive seventy-nine-page decision and concluded that Quartararo had “engaged in gross malpractice, professional misconduct, failure to comply with regulations administered by the Board, and failure to be of good moral character.”

    On August 22, 2022, the Board filed its final decision, revoking Quartararo’s license for a minimum of seven years from the date of voluntary surrender, April 5, 2019. The Board concluded that Quartararo’s “misconduct warrants a serious penalty in excess of that recommended by [the ALJ]” and that he “flagrantly ignored, and in fact shattered professional norms when he engaged in sexual misconduct with patients Y.R. and K.D.” The Board found Quartararo’s conduct was “so egregious that the only appropriate discipline is a license revocation.”

    The Board also imposed an aggregate monetary sanction of $343,909.75, comprised of a civil penalty of $90,000, $61,684.75 in costs, and $192,225 in attorney’s fees.

    Quartararo Argued

    The Board determined that revocation was warranted because he preyed on two vulnerable patients employed intimidation and coercion tactics to dissuade at least one of his victims-K.D.- from testifying about the true nature of their relation and resorted to making threats resulting in the issuance of a temporary restraining order against him.

    Quartararo admitted he had not performed laminotomies and that he had used the laminotomy code to ensure that he would be paid by insurance carriers. He did so rather than correctly coding the procedures he actually performed because of the risk he would otherwise not be paid.

    ZIFL OPINION

    Quartararo admitted before the ALJ that he committed fraud by billing insurers for laminotomies that he did not perform. As such he admitted to committing a federal as well as a New Jersey felony that should be presented to the US Attorney and the local District Attorney for prosecution. He lost his license because he took advantage sexually of vulnerable patients, committed gross acts of malpractice and profited from knowing insurance fraud. The people of New Jersey are now safe from his criminal and unprofessional conduct for a few more years, and in my opinion he should be prosecuted and sentenced to prison for the fraud.

    Read the full issue at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-november-15-2024-barry-zalma-esq-cfe-cxkyc

    IT PAYS INSURER DEFENDANTS TO INVESTIGATE INJURY CLAIMS

    In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise Mri Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) affirmed the trial court’s decision.

    Plaintiff appealed from two orders granting summary disposition in favor of defendants even though he failed to respond to either motion.

    FACTUAL BACKGROUND

    This case arises out of a motor vehicle accident that occurred on March 9, 2020 involving plaintiff and Pugh. Plaintiff alleges that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services.

    Pugh and Citizens moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Pugh submitted the deposition testimony of the plaintiff and the report of an independent medical examination (IME) conducted by Dr. James Bragman on December 27, 2021. Dr. Bragman further observed that plaintiff had “near full range of motion” in his neck and that he was “eminently capable” of standing and touching his toes despite his refusal to do so. Dr. Bragman noted that plaintiff had “very little” medical treatment documented in his records and that he had been undergoing physical therapy for six months with no medical basis for doing so. An investigator’s report includes pictures of plaintiff walking, riding a child’s bicycle, squatting, bending over, lifting a bicycle out of a minivan unassisted, playing with a dog, driving a car, and twisting his neck.

    Citizens’ motion argued that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits.

    The trial court found that, based upon the evidence presented, plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate.

    THRESHOLD INJURY

    Plaintiff argued that the trial court erred by granting summary disposition in favor of Pugh.

    Under the no fault statute, the threshold question of whether the person has suffered a serious impairment of body function should be determined by the court as a matter of law as long as there is no factual dispute regarding the nature and extent of the person’s injuries that is material to determining whether the threshold standards are met.

    Plaintiff was obligated to respond to Pugh’s motion in order to meet his burden of demonstrating that a fact question existed as to whether he suffered a serious impairment of body function.

    The parts of plaintiff’s deposition identified by Pugh do not establish a genuine issue of material fact as to whether he suffered a serious impairment of body function. The relevant portions of plaintiff’s deposition testimony fail to rebut the evidence and instead set forth, at best, mere subjective complaints of pain.

    FRAUDULENT INSURANCE ACT

    The fraud statute finds that a person who presents or causes or to be presented an oral or written statement knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act under that is subject to the penalties imposed under the statute. A claim that contains or is supported by a fraudulent insurance act as described in this subsection is ineligible for payment of PIP benefits.

    An individual commits a “fraudulent insurance act” when: (1) the person presents or causes to be presented an oral or written statement, (2) the statement is part of or in support of a claim for no-fault benefits, and (3) the claim for benefits was submitted to the MAIPF. Further, (4) the person must have known that the statement contained false information, and (5) the statement concerned a fact or thing material to the claim.

    ZIFL OPINION

    The evidence presented by the defendants were damning since they established the injuries claimed were false. Plaintiff failed to respond to the motions to his detriment and sought reconsideration without any admissible evidence that he was truly injured. The defendants established that the Plaintiff committed fraud and he is lucky that this was a civil finding not a criminal proceeding that, in my opinion, should be presented by the prosecutor.

    More McClenny Moseley & Associates Issues

    This is ZIFL’s thirty seventh installment of the saga of McClenny, Moseley & Associates and its problems with the federal courts in the State of Louisiana and what appears to be an effort to profit from what some Magistrate and District judges may be criminal conduct to profit from insurance claims relating to hurricane damage to the public of the state of Louisiana.

    Health Insurance Fraud Convictions
    Pharmacist and Brother Convicted of $15M Medicare, Medicaid, and Private Insurer Fraud Scheme

    Raad Kouza, a pharmacist in Wayne County, Michigan, and his brother, Ramis Kouza, of Oakland County, Michigan, billed Medicare, Medicaid, and Blue Cross Blue Shield of Michigan for prescription medications that they did not dispense at pharmacies they owned or operated in Michigan. A federal jury convicted the pharmacy owner and his brother November 8, 2024 for conspiracy to commit health care fraud and wire fraud.

    Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf

    Indicators of Bad Faith Set Up

    Some of the more common red flags of a bad faith set-up include the following:

    The claimant makes a policy limits settlement demand quickly after an accident, thereby depriving the insurer of the ability to conduct a full investigation.
    Quick demands that are combined with a limited amount of time to accept, again, in the hopes that records cannot be obtained and the investigation cannot be completed within that limited time period, and the settlement will be refused.
    The claimant makes a settlement offer with one or more unusual acceptance conditions.
    The involvement of the claimant’s counsel pre-dates certain medical or psychiatric care (e.g., testing and treatment for alleged mild traumatic brain injury)

    Read the full article and the full issue of ZIFL at http://https//zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024.pdf

    Convictions of Other Than Health Insurance Fraud
    Star in Reality TV Series Pleads Guilty Crop Insurance Fraud

    Steve A. McBee, 52, waived his right to a grand jury and pleaded guilty to a federal information that charges him with one count of federal crop insurance fraud. McBee, a Missouri farmer who appears in a reality TV show about his family’s farming operation pleaded guilty this week to a multi-million dollar fraud scheme involving federal crop insurance benefits.

    Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf

    Chutzpah – STOLI Fraudster Claims Hardship
    Felon Seeks Release from Home Confinement in Luxury Apartment in New York City

    Insurance Fraud is a serious crime, especially when it takes advantage of the elderly to defraud insurers in a Stranger Originated Life Insurance (STOLI) scheme. In United States Of America v. Michael Binday, No. 12 CR 152 (CM), United States District Court, S.D. New York (November 4, 2024) the defendant continued to use the wealth he gained from his fraud to impose on the courts of the United States with frivolous and unfounded motions.

    Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf

    Barry Zalma, Esq., CFE

    Barry Zalma, Inc., 4441 Sepulveda Boulevard, CULVER CITY CA 90230-4847, 310-390-4455. Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.
    Zalma’s Insurance Fraud Letter September 15, 2024 Zalma’s Insurance Fraud Letter A ClaimSchool™ Publication © 2024 Barry Zalma & ClaimSchool, Inc. Read the full issue at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-november-15-2024-barry-zalma-esq-cfe-cxkycVolume 28, Issue 21 – November 15, 2024 “Honor, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them if we basely entail hereditary bondage on them.” Thomas Jefferson Insurance Fraud Requires Doctor to Lose his License Sexual Misconduct, Fraud, Bribery & Unnecessary Surgery Revokes License Louis Quartararo appealed from an August 22, 2022 final agency decision of the State Board of Medical Examiners (Board), revoking his license to practice medicine and surgery in New Jersey. The Superior Court of New Jersey, in In The Matter Of The Suspension Or Revocation Of The License Of Louis Quartararo, M.D. License No. 25MA07137700 To Practice Medicine And Surgery In The State Of New Jersey, No. A-0425-22, Superior Court of New Jersey, Appellate Division (October 31, 2024) affirmed the revocation. The Board charged Dr. Quartararo with engaging in sexual contact with patients; negligent acts by performing surgeries with co-surgeons who lacked the requisite privileges; and acts of fraud, deception and misrepresentation by miscoding procedures on patient operative reports and listing procedures in the reports he had not performed for the purpose of ensuring insurance coverage. FACTS Quartararo was a physician and Board-certified orthopedic surgeon licensed to practice medicine in New Jersey. Approximately one week before K.D. was scheduled to meet with Board investigators, Quartararo gave K.D. $20,916, which K.D. told an investigator was “for school.” Later, Quartararo’s attorney offered her more money to retract the statement she had made to the Board about her relationship with Quartararo. THE OAL HEARING At a formal hearing, the Board’s expert, Dr. Ashraf addressed Quartararo’s treatment of patient Y.O. revealed that the surgical procedures Quartararo performed were not medically necessary. In reviewing the description of Quartararo’s procedure on Y.O.’s spine, Dr. Ashraf concluded that Quartararo’s surgery on Y.O.’s completely normal spine “is gross negligence.” Regarding the fraud claims alleging that Quartararo had failed to properly code surgical procedures that he performed on E.S., D.C., Y.O., L.V., D.E., and V.C., Dr. Ashraf testified that the “whole function” of the “operations” section on the first page of the operative report was to list the procedures that were performed during the operation and he testified that, despite “laminotomy” appearing on the first page of V.C.’s and D.C.’s reports, their post-surgery MRIs revealed that laminotomies had not been performed. THE ALJ’S DECISION The Administrative Law Judge (ALJ) issued a comprehensive seventy-nine-page decision and concluded that Quartararo had “engaged in gross malpractice, professional misconduct, failure to comply with regulations administered by the Board, and failure to be of good moral character.” On August 22, 2022, the Board filed its final decision, revoking Quartararo’s license for a minimum of seven years from the date of voluntary surrender, April 5, 2019. The Board concluded that Quartararo’s “misconduct warrants a serious penalty in excess of that recommended by [the ALJ]” and that he “flagrantly ignored, and in fact shattered professional norms when he engaged in sexual misconduct with patients Y.R. and K.D.” The Board found Quartararo’s conduct was “so egregious that the only appropriate discipline is a license revocation.” The Board also imposed an aggregate monetary sanction of $343,909.75, comprised of a civil penalty of $90,000, $61,684.75 in costs, and $192,225 in attorney’s fees. Quartararo Argued The Board determined that revocation was warranted because he preyed on two vulnerable patients employed intimidation and coercion tactics to dissuade at least one of his victims-K.D.- from testifying about the true nature of their relation and resorted to making threats resulting in the issuance of a temporary restraining order against him. Quartararo admitted he had not performed laminotomies and that he had used the laminotomy code to ensure that he would be paid by insurance carriers. He did so rather than correctly coding the procedures he actually performed because of the risk he would otherwise not be paid. ZIFL OPINION Quartararo admitted before the ALJ that he committed fraud by billing insurers for laminotomies that he did not perform. As such he admitted to committing a federal as well as a New Jersey felony that should be presented to the US Attorney and the local District Attorney for prosecution. He lost his license because he took advantage sexually of vulnerable patients, committed gross acts of malpractice and profited from knowing insurance fraud. The people of New Jersey are now safe from his criminal and unprofessional conduct for a few more years, and in my opinion he should be prosecuted and sentenced to prison for the fraud. Read the full issue at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-november-15-2024-barry-zalma-esq-cfe-cxkyc IT PAYS INSURER DEFENDANTS TO INVESTIGATE INJURY CLAIMS In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise Mri Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) affirmed the trial court’s decision. Plaintiff appealed from two orders granting summary disposition in favor of defendants even though he failed to respond to either motion. FACTUAL BACKGROUND This case arises out of a motor vehicle accident that occurred on March 9, 2020 involving plaintiff and Pugh. Plaintiff alleges that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services. Pugh and Citizens moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Pugh submitted the deposition testimony of the plaintiff and the report of an independent medical examination (IME) conducted by Dr. James Bragman on December 27, 2021. Dr. Bragman further observed that plaintiff had “near full range of motion” in his neck and that he was “eminently capable” of standing and touching his toes despite his refusal to do so. Dr. Bragman noted that plaintiff had “very little” medical treatment documented in his records and that he had been undergoing physical therapy for six months with no medical basis for doing so. An investigator’s report includes pictures of plaintiff walking, riding a child’s bicycle, squatting, bending over, lifting a bicycle out of a minivan unassisted, playing with a dog, driving a car, and twisting his neck. Citizens’ motion argued that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits. The trial court found that, based upon the evidence presented, plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate. THRESHOLD INJURY Plaintiff argued that the trial court erred by granting summary disposition in favor of Pugh. Under the no fault statute, the threshold question of whether the person has suffered a serious impairment of body function should be determined by the court as a matter of law as long as there is no factual dispute regarding the nature and extent of the person’s injuries that is material to determining whether the threshold standards are met. Plaintiff was obligated to respond to Pugh’s motion in order to meet his burden of demonstrating that a fact question existed as to whether he suffered a serious impairment of body function. The parts of plaintiff’s deposition identified by Pugh do not establish a genuine issue of material fact as to whether he suffered a serious impairment of body function. The relevant portions of plaintiff’s deposition testimony fail to rebut the evidence and instead set forth, at best, mere subjective complaints of pain. FRAUDULENT INSURANCE ACT The fraud statute finds that a person who presents or causes or to be presented an oral or written statement knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act under that is subject to the penalties imposed under the statute. A claim that contains or is supported by a fraudulent insurance act as described in this subsection is ineligible for payment of PIP benefits. An individual commits a “fraudulent insurance act” when: (1) the person presents or causes to be presented an oral or written statement, (2) the statement is part of or in support of a claim for no-fault benefits, and (3) the claim for benefits was submitted to the MAIPF. Further, (4) the person must have known that the statement contained false information, and (5) the statement concerned a fact or thing material to the claim. ZIFL OPINION The evidence presented by the defendants were damning since they established the injuries claimed were false. Plaintiff failed to respond to the motions to his detriment and sought reconsideration without any admissible evidence that he was truly injured. The defendants established that the Plaintiff committed fraud and he is lucky that this was a civil finding not a criminal proceeding that, in my opinion, should be presented by the prosecutor. More McClenny Moseley & Associates Issues This is ZIFL’s thirty seventh installment of the saga of McClenny, Moseley & Associates and its problems with the federal courts in the State of Louisiana and what appears to be an effort to profit from what some Magistrate and District judges may be criminal conduct to profit from insurance claims relating to hurricane damage to the public of the state of Louisiana. Health Insurance Fraud Convictions Pharmacist and Brother Convicted of $15M Medicare, Medicaid, and Private Insurer Fraud Scheme Raad Kouza, a pharmacist in Wayne County, Michigan, and his brother, Ramis Kouza, of Oakland County, Michigan, billed Medicare, Medicaid, and Blue Cross Blue Shield of Michigan for prescription medications that they did not dispense at pharmacies they owned or operated in Michigan. A federal jury convicted the pharmacy owner and his brother November 8, 2024 for conspiracy to commit health care fraud and wire fraud. Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf Indicators of Bad Faith Set Up Some of the more common red flags of a bad faith set-up include the following: The claimant makes a policy limits settlement demand quickly after an accident, thereby depriving the insurer of the ability to conduct a full investigation. Quick demands that are combined with a limited amount of time to accept, again, in the hopes that records cannot be obtained and the investigation cannot be completed within that limited time period, and the settlement will be refused. The claimant makes a settlement offer with one or more unusual acceptance conditions. The involvement of the claimant’s counsel pre-dates certain medical or psychiatric care (e.g., testing and treatment for alleged mild traumatic brain injury) Read the full article and the full issue of ZIFL at http://https//zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024.pdf Convictions of Other Than Health Insurance Fraud Star in Reality TV Series Pleads Guilty Crop Insurance Fraud Steve A. McBee, 52, waived his right to a grand jury and pleaded guilty to a federal information that charges him with one count of federal crop insurance fraud. McBee, a Missouri farmer who appears in a reality TV show about his family’s farming operation pleaded guilty this week to a multi-million dollar fraud scheme involving federal crop insurance benefits. Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf Chutzpah – STOLI Fraudster Claims Hardship Felon Seeks Release from Home Confinement in Luxury Apartment in New York City Insurance Fraud is a serious crime, especially when it takes advantage of the elderly to defraud insurers in a Stranger Originated Life Insurance (STOLI) scheme. In United States Of America v. Michael Binday, No. 12 CR 152 (CM), United States District Court, S.D. New York (November 4, 2024) the defendant continued to use the wealth he gained from his fraud to impose on the courts of the United States with frivolous and unfounded motions. Read the full article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2024/11/ZIFL-11-15-2024-1.pdf Barry Zalma, Esq., CFE Barry Zalma, Inc., 4441 Sepulveda Boulevard, CULVER CITY CA 90230-4847, 310-390-4455. Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.
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  • Chutzpah – STOLI Fraudster Claims Hardship

    Felon Seeks Release from Home Confinement in Luxury Apartment in New York City

    Post 4931

    Read the full article at https://www.linkedin.com/pulse/chutzpah-stoli-fraudster-claims-hardship-barry-zalma-esq-cfe-8jbhc, see the full video at and at and https://zalma.com/blog plus more than 4900 posts.

    Insurance Fraud is a serious crime, especially when it takes advantage of the elderly to defraud insurers in a Stranger Originated Life Insurance (STOLI) scheme. In United States Of America v. Michael Binday, No. 12 CR 152 (CM), United States District Court, S.D. New York (November 4, 2024) the defendant continued to use the wealth he gained from his fraud to impose on the courts of the United States with frivolous and unfounded motions.

    BACKGROUND

    Michael Binday was sentenced to 144 months’ imprisonment after being found guilty of conspiracy to commit mail and wire fraud, as well as actual mail and wire fraud. The evidence at trial established that Binday led his codefendants in a scheme designed to procure “stranger-originated life insurance” (or “STOLI”) policies-policies on the lives of seniors for the benefit of investors who were strangers to them- by means of fraudulent applications.

    Binday spent the first five years of his sentence at FCI Otisville. But in September 2021, during the height of the COVID-19 Pandemic, the Bureau of Prisons released Binday to serve his sentence on home confinement. Thus, Binday has spent the last three-plus years serving his sentence in his luxury apartment on the upper westside of Manhattan. His sentence is scheduled to end on September 20, 2025.

    Binday filed: (1) a motion for compassionate release and (2) a motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure seeking to vacate the judgement of this Court dated May 23, 2018, denying his first petition.

    Michael Binday and his two codefendants, James Kergil and Mark Resnick, were found guilty of conspiracy to commit mail and wire fraud; mail fraud; and wire fraud in connection with a scheme to defraud insurance companies which the defendants purported to serve as agents. Binday led his codefendants in a scheme designed to procure “stranger-originated life insurance” (or “STOLI”) policies-policies on the lives of seniors for the benefit of investors who were strangers to them- by means of fraudulent applications. Over the course of their scheme, the defendants submitted at least 92 fraudulent applications, resulting in the issuance of 74 policies with a total face value of over $100 million. These policies generated roughly $11.7 million in commissions to the defendants. Binday was sentenced to 144 months’ imprisonment.

    BINDAY SURRENDERS

    Binday surrendered on July 1,2016, to FCI Otisville to commence his term of imprisonment and immediately filed motions for compassionate release, reversal of his convictions, and multiple other motions.

    On July 1, 2024, Binday-who is serving his sentence in his Manhattan apartment- filed a renewed motion for compassionate release.

    Binday Failed to Demonstrate Extraordinary and Compelling Circumstances

    As a threshold matter, it is worth emphasizing that Binday is not asking to be released from prison, but rather, to be relieved of the inconveniences associated with the rules of home confinement. He has served the last 38 months in his apartment on the upper west side of Manhattan (not at all what the Court intended when he was sentenced). How much more inconvenient it would be if he were back at Otisville- where the Court intended that he would serve his sentence.

    Binday’s crimes were serious. As the court explained when he was sentenced to 144 months in prison: Venality, rampant mendacity, the creation of false documents, obstruction of efforts by the victims to ascertain the truth, obstruction of regulators and the government’s efforts to learn the truth, Binday’s actions were precisely the sort of criminality that has left large segments of our society convince that all businessmen are crooks.

    Insurance fraud may not qualify as a crime of violence within the meaning of the federal sentencing system and that, unfortunately, is why it is all too often punished not with the severity that it deserves. As it is, Binday’s home confinement means that he is subject to far less stringent conditions than he would be otherwise. In that regard, he got more of a break than he deserves.

    The motion for compassionate release was denied.

    ZALMA OPINION

    STOLI fraud is a type of fraud on insurers that effects the straw buyers, usually older men and women who have no need for life insurance, is a truly venal act that deserves serious punishment. Binday stole millions from insurers, owns a luxury apartment in the Upper West Side of New York, and wants to be released from the confinement when he should have stayed in federal prison. He has abused the courts with his multiple motions and appeals and will serve out the remainder of his sentence and the DOJ and FBI should look into his current conduct since there is, in my opinion, the possibility that he is funding his attorneys fees with more fraud.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

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    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Chutzpah – STOLI Fraudster Claims Hardship Felon Seeks Release from Home Confinement in Luxury Apartment in New York City Post 4931 Read the full article at https://www.linkedin.com/pulse/chutzpah-stoli-fraudster-claims-hardship-barry-zalma-esq-cfe-8jbhc, see the full video at and at and https://zalma.com/blog plus more than 4900 posts. Insurance Fraud is a serious crime, especially when it takes advantage of the elderly to defraud insurers in a Stranger Originated Life Insurance (STOLI) scheme. In United States Of America v. Michael Binday, No. 12 CR 152 (CM), United States District Court, S.D. New York (November 4, 2024) the defendant continued to use the wealth he gained from his fraud to impose on the courts of the United States with frivolous and unfounded motions. BACKGROUND Michael Binday was sentenced to 144 months’ imprisonment after being found guilty of conspiracy to commit mail and wire fraud, as well as actual mail and wire fraud. The evidence at trial established that Binday led his codefendants in a scheme designed to procure “stranger-originated life insurance” (or “STOLI”) policies-policies on the lives of seniors for the benefit of investors who were strangers to them- by means of fraudulent applications. Binday spent the first five years of his sentence at FCI Otisville. But in September 2021, during the height of the COVID-19 Pandemic, the Bureau of Prisons released Binday to serve his sentence on home confinement. Thus, Binday has spent the last three-plus years serving his sentence in his luxury apartment on the upper westside of Manhattan. His sentence is scheduled to end on September 20, 2025. Binday filed: (1) a motion for compassionate release and (2) a motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure seeking to vacate the judgement of this Court dated May 23, 2018, denying his first petition. Michael Binday and his two codefendants, James Kergil and Mark Resnick, were found guilty of conspiracy to commit mail and wire fraud; mail fraud; and wire fraud in connection with a scheme to defraud insurance companies which the defendants purported to serve as agents. Binday led his codefendants in a scheme designed to procure “stranger-originated life insurance” (or “STOLI”) policies-policies on the lives of seniors for the benefit of investors who were strangers to them- by means of fraudulent applications. Over the course of their scheme, the defendants submitted at least 92 fraudulent applications, resulting in the issuance of 74 policies with a total face value of over $100 million. These policies generated roughly $11.7 million in commissions to the defendants. Binday was sentenced to 144 months’ imprisonment. BINDAY SURRENDERS Binday surrendered on July 1,2016, to FCI Otisville to commence his term of imprisonment and immediately filed motions for compassionate release, reversal of his convictions, and multiple other motions. On July 1, 2024, Binday-who is serving his sentence in his Manhattan apartment- filed a renewed motion for compassionate release. Binday Failed to Demonstrate Extraordinary and Compelling Circumstances As a threshold matter, it is worth emphasizing that Binday is not asking to be released from prison, but rather, to be relieved of the inconveniences associated with the rules of home confinement. He has served the last 38 months in his apartment on the upper west side of Manhattan (not at all what the Court intended when he was sentenced). How much more inconvenient it would be if he were back at Otisville- where the Court intended that he would serve his sentence. Binday’s crimes were serious. As the court explained when he was sentenced to 144 months in prison: Venality, rampant mendacity, the creation of false documents, obstruction of efforts by the victims to ascertain the truth, obstruction of regulators and the government’s efforts to learn the truth, Binday’s actions were precisely the sort of criminality that has left large segments of our society convince that all businessmen are crooks. Insurance fraud may not qualify as a crime of violence within the meaning of the federal sentencing system and that, unfortunately, is why it is all too often punished not with the severity that it deserves. As it is, Binday’s home confinement means that he is subject to far less stringent conditions than he would be otherwise. In that regard, he got more of a break than he deserves. The motion for compassionate release was denied. ZALMA OPINION STOLI fraud is a type of fraud on insurers that effects the straw buyers, usually older men and women who have no need for life insurance, is a truly venal act that deserves serious punishment. Binday stole millions from insurers, owns a luxury apartment in the Upper West Side of New York, and wants to be released from the confinement when he should have stayed in federal prison. He has abused the courts with his multiple motions and appeals and will serve out the remainder of his sentence and the DOJ and FBI should look into his current conduct since there is, in my opinion, the possibility that he is funding his attorneys fees with more fraud. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
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  • https://medforth.org/einspruch-gegen-who-pandemievertrag-seit-19-september-lauft-der-countdown/
    https://medforth.org/einspruch-gegen-who-pandemievertrag-seit-19-september-lauft-der-countdown/
    0 Yorumlar 0 hisse senetleri 143 Views
  • Trudeau's billion-dollar satellite loan doesn't mandate internet connection: report!
    Prime Minister Trudeau announced September 13 that Telesat would build a $2.1 billion satellite constellation that connects Canadians to the internet. Though terms of the agreement remain confidential, a cabinet inquiry says Telesat is not required to connect households.
    #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    https://www.rebelnews.com/trudeau_s_2_1_billion_loan_to_build_satellites_doesn_t_mandate_internet_connection_report
    Trudeau's billion-dollar satellite loan doesn't mandate internet connection: report! Prime Minister Trudeau announced September 13 that Telesat would build a $2.1 billion satellite constellation that connects Canadians to the internet. Though terms of the agreement remain confidential, a cabinet inquiry says Telesat is not required to connect households. 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/trudeau_s_2_1_billion_loan_to_build_satellites_doesn_t_mandate_internet_connection_report
    WWW.REBELNEWS.COM
    Trudeau's billion-dollar satellite loan doesn't mandate internet connection: report
    Prime Minister Justin Trudeau’s loan to build satellites, under the guise of high speed internet, does not actually mandate Telesat to connect households.
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  • "A dark money group linked to Kamala Harris campaign attorney Marc Elias is boosting the Libertarian Party’s presidential candidate through a series of YouTube ads in battleground states, an apparent ploy to pull conservative votes away from Donald Trump.

    "Civic Truth Action, a super PAC launched in July, has spent more than $1.5 million on ads supporting Libertarian candidate Chase Oliver, according to campaign finance disclosures released this week. The group is airing dozens of YouTube ads in Pennsylvania, Michigan, Wisconsin, and Nevada touting Oliver as a "true conservative" who will "abolish income taxes" and "dismantle the nanny state," according to the company’s ad database.

    "But Civic Truth Action isn’t funded by a group of small-government activists. Its sole backer—a dark money outfit called Evidence for Impact—has contributed $4,350,000 to Civic Truth Action since September, according to campaign finance records. Little is known about Evidence for Impact, but records obtained by the Washington Free Beacon show that its "beneficial owner" is Ezra Reese, an attorney at the Democratic elections firm Elias Law Group..."

    Elias is the definition of cancer in politics: a win at all costs, burn the house down, disingenuous, conniving weasel. People like Elias and his ilk need to be expunged from American politics.

    #MarcElias #KamalaHarris #Election2024 #PAC #DarkMoney

    https://substack.com/profile/129788551-frank-salvato/note/c-74360398
    "A dark money group linked to Kamala Harris campaign attorney Marc Elias is boosting the Libertarian Party’s presidential candidate through a series of YouTube ads in battleground states, an apparent ploy to pull conservative votes away from Donald Trump. "Civic Truth Action, a super PAC launched in July, has spent more than $1.5 million on ads supporting Libertarian candidate Chase Oliver, according to campaign finance disclosures released this week. The group is airing dozens of YouTube ads in Pennsylvania, Michigan, Wisconsin, and Nevada touting Oliver as a "true conservative" who will "abolish income taxes" and "dismantle the nanny state," according to the company’s ad database. "But Civic Truth Action isn’t funded by a group of small-government activists. Its sole backer—a dark money outfit called Evidence for Impact—has contributed $4,350,000 to Civic Truth Action since September, according to campaign finance records. Little is known about Evidence for Impact, but records obtained by the Washington Free Beacon show that its "beneficial owner" is Ezra Reese, an attorney at the Democratic elections firm Elias Law Group..." Elias is the definition of cancer in politics: a win at all costs, burn the house down, disingenuous, conniving weasel. People like Elias and his ilk need to be expunged from American politics. #MarcElias #KamalaHarris #Election2024 #PAC #DarkMoney https://substack.com/profile/129788551-frank-salvato/note/c-74360398
    SUBSTACK.COM
    Frank Salvato on Substack
    "A dark money group linked to Kamala Harris campaign attorney Marc Elias is boosting the Libertarian Party’s presidential candidate through a series of YouTube ads in battleground states, an apparent ploy to pull conservative votes away from Donald Trump. "Civic Truth Action, a super PAC launched in July, has spent more than $1.5 million on ads supporting Libertarian candidate Chase Oliver, according to campaign finance disclosures released this week. The group is airing dozens of YouTube ads in Pennsylvania, Michigan, Wisconsin, and Nevada touting Oliver as a "true conservative" who will "abolish income taxes" and "dismantle the nanny state," according to the company’s ad database. "But Civic Truth Action isn’t funded by a group of small-government activists. Its sole backer—a dark money outfit called Evidence for Impact—has contributed $4,350,000 to Civic Truth Action since September, according to campaign finance records. Little is known about Evidence for Impact, but records obtained by the Washington Free Beacon show that its "beneficial owner" is Ezra Reese, an attorney at the Democratic elections firm Elias Law Group..." Elias is the definition of the cancer in politics; a win at all costs, burn the house down, disingenuous, coniving, weasel. It's people like Elias and his ilk that need to be expunged from American politics. #MarcElias #KamalaHarris #Election2024 #PAC #DarkMoney https://freebeacon.com/elections/kamala-harris-campaign-attorney-marc-elias-linked-to-swing-state-ads-boosting-libertarian-candidate/
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  • "A dark money group linked to Kamala Harris campaign attorney Marc Elias is boosting the Libertarian Party’s presidential candidate through a series of YouTube ads in battleground states, an apparent ploy to pull conservative votes away from Donald Trump.

    "Civic Truth Action, a super PAC launched in July, has spent more than $1.5 million on ads supporting Libertarian candidate Chase Oliver, according to campaign finance disclosures released this week. The group is airing dozens of YouTube ads in Pennsylvania, Michigan, Wisconsin, and Nevada touting Oliver as a "true conservative" who will "abolish income taxes" and "dismantle the nanny state," according to the company’s ad database.

    "But Civic Truth Action isn’t funded by a group of small-government activists. Its sole backer—a dark money outfit called Evidence for Impact—has contributed $4,350,000 to Civic Truth Action since September, according to campaign finance records. Little is known about Evidence for Impact, but records obtained by the Washington Free Beacon show that its "beneficial owner" is Ezra Reese, an attorney at the Democratic elections firm Elias Law Group..."

    Elias is the definition of cancer in politics: a win at all costs, burn the house down, disingenuous, conniving weasel. People like Elias and his ilk need to be expunged from American politics.

    #MarcElias #KamalaHarris #Election2024 #PAC #DarkMoney

    https://substack.com/profile/129788551-frank-salvato/note/c-74360398
    "A dark money group linked to Kamala Harris campaign attorney Marc Elias is boosting the Libertarian Party’s presidential candidate through a series of YouTube ads in battleground states, an apparent ploy to pull conservative votes away from Donald Trump. "Civic Truth Action, a super PAC launched in July, has spent more than $1.5 million on ads supporting Libertarian candidate Chase Oliver, according to campaign finance disclosures released this week. The group is airing dozens of YouTube ads in Pennsylvania, Michigan, Wisconsin, and Nevada touting Oliver as a "true conservative" who will "abolish income taxes" and "dismantle the nanny state," according to the company’s ad database. "But Civic Truth Action isn’t funded by a group of small-government activists. Its sole backer—a dark money outfit called Evidence for Impact—has contributed $4,350,000 to Civic Truth Action since September, according to campaign finance records. Little is known about Evidence for Impact, but records obtained by the Washington Free Beacon show that its "beneficial owner" is Ezra Reese, an attorney at the Democratic elections firm Elias Law Group..." Elias is the definition of cancer in politics: a win at all costs, burn the house down, disingenuous, conniving weasel. People like Elias and his ilk need to be expunged from American politics. #MarcElias #KamalaHarris #Election2024 #PAC #DarkMoney https://substack.com/profile/129788551-frank-salvato/note/c-74360398
    Angry
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  • THIS IS A RED ALERT!

    The US Military is now OFFICIALLY AUTHORIZED TO KI*L American citizens, on American soil.

    “Imagine waking up to discover that the U.S. military has quietly been granted the authority to assist in domestic law enforcement activities—including the use of LET*AL FORCE AGAINST U.S. CITIZENS in certain circumstances. Now consider that this change was enacted just weeks before an election, already surrounded by concerns about unrest, civil liberties, and potential government overreach.“

    DoD directive 5240.01, which was just re-issued under the radar on September 27, 2024.

    The TIMING of that is NOT A COINCIDENCE…

    Remember those “civil war conditions” that Raskin was talking about?

    That means in a MARTIAL LAW SCENARIO, with FEMA/MIL IN FULL CONTROL.

    The implications of this are ABSOLUTELY HORRIFYING.

    This is BY FAR one of the MOST CONCERNING, FRIGHTENING & UNCONSTITUTIONAL things I have EVER reported on.

    PLEASE TAKE THIS SERIOUSLY!

    God Bless @RonPaul. He has been sounding the alarm on real Government tyranny for decades and hasn’t missed a beat.
    https://x.com/TPV_John/status/1846240209182085308?t=zXRG3omgF4-549bguMuAbA&s=19
    THIS IS A RED ALERT! 🚨🚨🚨⚠️⚠️⚠️ The US Military is now OFFICIALLY AUTHORIZED TO KI*L American citizens, on American soil. “Imagine waking up to discover that the U.S. military has quietly been granted the authority to assist in domestic law enforcement activities—including the use of LET*AL FORCE AGAINST U.S. CITIZENS in certain circumstances. Now consider that this change was enacted just weeks before an election, already surrounded by concerns about unrest, civil liberties, and potential government overreach.“ DoD directive 5240.01, which was just re-issued under the radar on September 27, 2024. The TIMING of that is NOT A COINCIDENCE… Remember those “civil war conditions” that Raskin was talking about? That means in a MARTIAL LAW SCENARIO, with FEMA/MIL IN FULL CONTROL. The implications of this are ABSOLUTELY HORRIFYING. This is BY FAR one of the MOST CONCERNING, FRIGHTENING & UNCONSTITUTIONAL things I have EVER reported on. PLEASE TAKE THIS SERIOUSLY! God Bless @RonPaul. He has been sounding the alarm on real Government tyranny for decades and hasn’t missed a beat. https://x.com/TPV_John/status/1846240209182085308?t=zXRG3omgF4-549bguMuAbA&s=19
    Angry
    1
    0 Yorumlar 0 hisse senetleri 1K Views
  • GRRRR...JUST A FEW...LOOK AT THE REST

    United States Patent and Trademark Office​ 0462795 – July 16, 1891 – Method Of Producing Rain-Fall 803180 – October 31, 1905 – Means for Producing High Potential Electrical Discharges 1103490 – August 6, 1913 – Rain-Maker 1225521 – September 4, 1915 – Protecting From Poisonous Gas In Warfare 1279823 – September 24, 1918 – Process and Apparatus for Causing Precipitation by Coalescence of Aqueous Particles Contained in the Atmosphere https://www.geoengineeringwatch.org/links-to-geoengineering-patents/
    GRRRR...JUST A FEW...LOOK AT THE REST United States Patent and Trademark Office​ 0462795 – July 16, 1891 – Method Of Producing Rain-Fall 803180 – October 31, 1905 – Means for Producing High Potential Electrical Discharges 1103490 – August 6, 1913 – Rain-Maker 1225521 – September 4, 1915 – Protecting From Poisonous Gas In Warfare 1279823 – September 24, 1918 – Process and Apparatus for Causing Precipitation by Coalescence of Aqueous Particles Contained in the Atmosphere https://www.geoengineeringwatch.org/links-to-geoengineering-patents/
    WWW.GEOENGINEERINGWATCH.ORG
    Extensive List Of Patents
    United States Patent and Trademark Office​ 0462795 – July 16, 1891 – Method Of Producing Rain-Fall 803180 – October 31, 1905 - Means for Producing High Potential Electrical Discharges 1103490 – August 6, 1913 – Rain-Maker 1225521 – September 4, 1915 – Protecting From Poisonous Gas In Warfare 1279823 – September 24, 1918 - Process and Apparatus for Causing Precipitation by Coalescence of Aqueous…
    Like
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    0 Yorumlar 1 hisse senetleri 1K Views
  • The Order of the Skulls and Bones
    https://lust-for-life.org/Lust-For-Life/TheSkullsAndBonesExposed/TheSkullsAndBonesExposed.pdf
    The Order of the Skulls and Bones
    This is something else. This is from my original thought on the subject along with some websites used as background information so enjoy. I put this work in paper form in my area and people were grabbing it up as soon as I've shown this pamphlet in my area. The Order of the Skulls and Bones is a secret society subordinate under the global elite that has existed for almost 2 centuries. To this day, the Skulls and Bones have meetings every year on Deer Island, which is part of the Thousands Island. It’s located in the St. Lawrence River, which is a few miles NE of Alexandria Baby, NY. People receive $15,000 for joining with no strings attached. Its 100% Satanic and evil to the core in its goal of wanting to
    create a New World Order. Some Skulls and Bones members want to have huge strategic power in the world. The new world order is basically about the establishment of an one world totalitarian, socialist, and communist government (with a one world currency, an one world police, etc). The Origin of the Skulls and Bones according to some researchers existed from the Bavarian Illuminati in Bavaria, Germany. Only males can join until recently, Jews were admitted in the early fifties, blacks have joined since 1949, and even homosexuals can join. One connection tying the Bavarian Illuminati and the Skulls and Bones together is that according to Esquire Magazine, on September 1977, from pg. 88: “..haunting
    photograph of the altar room at one of the Masonic lodges at Nuremburg that is closely associated with Illuminism. Haunting because at the altar room's center, approached through an aisle of hanging human skeletons, is a coffin surmounted by...a skull and crossed bones that look exactly

    The Order of the Skulls and Bones https://lust-for-life.org/Lust-For-Life/TheSkullsAndBonesExposed/TheSkullsAndBonesExposed.pdf The Order of the Skulls and Bones This is something else. This is from my original thought on the subject along with some websites used as background information so enjoy. I put this work in paper form in my area and people were grabbing it up as soon as I've shown this pamphlet in my area. The Order of the Skulls and Bones is a secret society subordinate under the global elite that has existed for almost 2 centuries. To this day, the Skulls and Bones have meetings every year on Deer Island, which is part of the Thousands Island. It’s located in the St. Lawrence River, which is a few miles NE of Alexandria Baby, NY. People receive $15,000 for joining with no strings attached. Its 100% Satanic and evil to the core in its goal of wanting to create a New World Order. Some Skulls and Bones members want to have huge strategic power in the world. The new world order is basically about the establishment of an one world totalitarian, socialist, and communist government (with a one world currency, an one world police, etc). The Origin of the Skulls and Bones according to some researchers existed from the Bavarian Illuminati in Bavaria, Germany. Only males can join until recently, Jews were admitted in the early fifties, blacks have joined since 1949, and even homosexuals can join. One connection tying the Bavarian Illuminati and the Skulls and Bones together is that according to Esquire Magazine, on September 1977, from pg. 88: “..haunting photograph of the altar room at one of the Masonic lodges at Nuremburg that is closely associated with Illuminism. Haunting because at the altar room's center, approached through an aisle of hanging human skeletons, is a coffin surmounted by...a skull and crossed bones that look exactly
    Like
    1
    0 Yorumlar 0 hisse senetleri 2K Views
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