---------- Forwarded message ----------
From: <LawrLCL@aol.com>
Date: Wed, Feb 22, 2012 at 6:37 PM
Subject: Fwd: Attorney Generals Ask to Intervene
To: landrightsnfarming.seamom89@gmail.com, davis4000_2000@yahoo.com
From: <LawrLCL@aol.com>
Date: Wed, Feb 22, 2012 at 6:37 PM
Subject: Fwd: Attorney Generals Ask to Intervene
To: landrightsnfarming.seamom89@gmail.com, davis4000_2000@yahoo.com
From: bfaapresident@aol.com
Reply-to: BFAA__Incorporated_udrdm_ciijzvq@cp20.com
To: LawrLCL@aol.com
Sent: 2/22/2012 6:29:45 P.M. Eastern Standard Time
Subj: Attorney Generals Ask to InterveneFOR IMMEDIATE RELEASE Press Contact:
PRESS RELEASE Thomas Burrell
February 21, 2012 901.522.8880
BFAA, Inc.
States' AG's Office Asked to Intervene
Heirs' Settlement Could be Seized without Due Process
_____________
Memphis, Tennessee--February 22, 2012--Black Farmer's settlement money may be given to a third party, without the farmer's heirs being made aware. The lawyers representing the farmers and their heirs have agreed to a provision in the Pigford II lawsuit that allows a private party ("Cy Pres Beneficiary") to receive the $50,000 from a claimant who died without a Will. This will affect over 85% of all the claims in the Pigford II lawsuit.
The Claim Form that has been and still continues to be sent out by the Claims Administrator in Portland, Oregon has a section (SECTION FOUR, page 2 of 15 of same) asking, among other things, "if any estate exists for a deceased Claimant and for the filer (heir) to provide an Estate Taxpayer ID Number." It further asks, "Have you been appointed by a court as the Claimants' Legal Representative?"
What most, if not all, of the heirs are not aware of is that these questions do not tell the whole story. That is to say, the heirs are not aware that a "no" answer will cause the $50,000 check to be placed into a special, "Designated Account" for up to one year. If the heir has not established the Tax ID Number at the end of the one year period, the $50,000 check will be sent, via Certified Mail, to the Cy Pres Beneficiary. See Settlement Agreement at www.mybfaa.com under Downloads (Pigford II Settlement Agreement) under paragraph V.E 12 -13 on pages 30 and 31.
What makes this situation all the more disturbing is the fact that most of the Black farmers' advocacy groups, who have traditionally been protectors of civil rights on behalf of the farmers and their heirs, have now been designated by the farmers' lawyers to be a Cy Pres Beneficiary. These groups are traveling around the country, with and under the directions of the the lawyers, to help the heirs fill out the Claims Form.
What the heirs, here again, are not aware of is (1) their settlement could go to a Cy Pres Beneficiary and (2) the very person sitting across the table from them and otherwise helping them to fill out the Claim Form is also the Cy Pres Beneficiary. BFAA, Inc., however, is not a Cy Pres Beneficiary.
BFAA, Inc. believes that this taking of an individual's property is a constitutional violation as spelled out under the Due Process clauses of both the Fifth and Fourteenth Amendments to the Constitution. Moreover, we further believe that this is also a violation of the states' rights, within whom the claimant was a resident citizen and that, consequently, should provide a basis for the respective state to intervene in this matter.
The state of Kentucky, for example, has declared the Cy Pres Beneficiary provision constitutes a fraudulent misrepresentation in a similar class action lawsuit (the diet drug, fenfluramine-phentermine [fen-phen]). It has prosecuted and sent two lawyers to jail and disbarred at least two others. Additionally, the state (Kentucky) reprimanded the judge who approved the provision. See link herein below ("The Cautionary Tale... of Stanley Chesley").
http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202520662224
"The Black farmers' lawsuit with its Cy Pres Beneficiary clause shows, unmistakably, how USDA is still attempting to deprive the African American communities of their property rights--in open court," states Thomas Burrell.
"First, USDA was found guilty and fined $50,000 for taking Black farmers land. Now its going to give the same $50,000 to someone other than the victim or his/her heirs--give us a break, for God's sake," Burrell continues.
BFAA, Inc. is now in discussions with certain state legislators and legal representatives from the respective Attorney Generals' (AG) offices from these states. For example, Mississippi has approximately 20,000 claimants in this lawsuit. Therefore, assuming that only one half of them were to prevail, over, $500 Million Dollars could be in jeopardy from the Cy Pres provision from that state alone.
"An individual's right is as wide as it is broad; the same constitution that is wide enough to prevents a state from depriving a citizen of his/her property without Due Precess under the Fourteenth Amendment, should be broad enough to prevent the federal government from taking his/her property under the Fifth Amendment," Burrell concludes.
###
BFAA, Incorporated
5 North Third Street, Suite 2030
Memphis, Tennessee 38103
901.522.8880
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