The enclosed civil rights case is and has been filed with the United States District Courts in Las Vegas, Arizona, Virginia, and other copies were distributed to other victims of ALBERT LOWRY, RICO defendant, under Title 18 of the U.S. Code, Sections 1961, 1512, 1513, and 1514, pursuant to Lowry's engaging in with his above-named attorneys, under color of state laws, to permanently deny, deprive, and prevent the plaintiff from ever making any attempts to expose Lowry's criminal RICO organizations operating in and out-side of Nevada.
The Civil Rights complaint and its 20 exhibits must demonstrate to all of Lowry's victims that he must be stopped, and stopped now before he continues to kill someone, as he had ordered to be done by one of his cohorts, S. David B'Sedek, in 2007, in Pennsylvania.
Read this Civil Rights Complaint for yourself. If there are any civil rights attorneys or litigation attorneys who will take this multi-million dollar class-action case, the Department of Justice, Civil Rights Division, and FTC, among other States Attorneys Generals will join you in your civil causes of action pursuant to the specific facts and egregious First and Fourteenth Amendment Rights violations that has plagued thousands of victims of Lowry's over the past decade.
READ THIS CIVIL RIGHTS COMPLAINT FILED IN THE VARIOUS FEDERAL DISTRICT COURTS, NATIONWIDE.
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ROSARIO A. FIORANI, JR. ]
7115 Latour Court ]
Kingstowne, Virginia 22315 ]
PLAINTIFF, PRO-SE ]
ALBERT LOWRY, ET AL ]
personally and in his capacity as: ]
Leader agent for EAI and ES, et al. ]
9811 Charleston Avenue, Suite 2737 ]
Las Vegas, Nevada 89117 ]
ENTREPRENEURIAL SYSTEMS, LLC., ]
and/or its successor(s) and assigns ]
9811 Charleston Avenue ] CIVIL NO.: ____________
Las Vegas, Nevada 89117 ]
EDUCATION ADVANCEMENT INST. ]
personally and in his official capacities ; ]
9811 Charleston Avenue ]
Las Vegas, Nevada 89117 ]
ADAM LEVINE, Esq., ]
personally and in his official capacities ]
Agent for Lowry, EAI and ES, et al ]
Las Vegas, NV 89101 ]
SETH BERENZWEIG, ESQ. ]
personally and in his official capacity as: ]
Agent(s) for Lowry, EAI and ES, et al ]
Law Offices of Albo & Oblong ]
2200 Clarendon Boulevard, Suite 1201 ]
Arlington, VA. 22201 ]SARAH ZAFFINA, ESQ., ]
personally and in her official capacity as: ]
Agent for Lowry, EAI and ES, et al ]
Law Offices of Albo & Oblong ]
2200 Clarendon Boulevard, Suite 1201 ]
Arlington, VA. 22201 ]
Judge, DENIS SMITH, Chief Circuit Judge ]
In his personal and official capacities ]
4110 Chain bridge Road, 5th Floor ]
Fairfax, VA 22030 ]
Plaintiff Rosario A. Fiorani, Jr., (Plaintiff or Fiorani) does hereby state and alleges as facts herein and provides as follows as his causes of action against the above-named defendants, jointly and severally, in their individual and/or official capacity as officers of their respective courts or as a State Circuit judge in his respective court, herein:
GENERAL ALLEGATIONS OF FACTS
Plaintiff asserts these factual allegations, directly or indirectly, that all defendants, either separately, or in combination with and in-concert with each other committed these illegal and unconstitutional acts that involve, but are not limited to these related conduct concerns acts of purposely violating
Plaintiff Fioranis Constitutional rights and civil rights consisting of, inter alia:
bribery, civil and criminal conspiracy, fraud, abuses of the legal process, fraud-on-the-court, obstruction of justice, perjury, threatening or retaliating and coercing Plaintiff, a known [federal/state] witness/victim.
Defendants committed over a period of about two-years have violated repeatedly Plaintiffs First, Fifth and Fourteenth Amendments Rights, Civil Rights under color of state law and Rights protected under the U.S. Constitution by and through defendants joint, or individually concealing other defendants misconduct on intended and foreseeable conduct that does result in Plaintiff exposing defendants schemes and devised plans to inflict on and against Plaintiff Fiorani and his family over about five (5) years many civil, unconstitutional, and criminal acts, by and through Lowrys agents and attorneys uses of, inter alia, verbal and physical threats, malicious acts to create an environment of intimidation, retaliation, coercion, and threats to abuse the legal system by others on behalf of Lowry, under color of state law.
Each defendants outrageously harmful, vile, egregious, or spitefully malicious acts and conduct committed over the past five to six years, 2002-2008, by specifically defendant Lowry, exceeds all lines of human decency that vividly exposes Lowrys and his attorneys, staff, employees, and his agents into many illegal and unethical conduct that gives rise to appearances of Lowry agents (defendants) acts pursuant to respondeant superior, and conduct directly attaches to vicarious liability because of those acts being committed by Lowrys attorneys, under the direction, control, guidance, and instruction(s) from Lowry to his attorneys, above-named-defendants who have portrayed their collective conduct as legal acts of intimidation, spite, retaliation, and implied malice to implement plans that would, could and will permanently cause egregious personal, emotional, physical, and mental injuries that have severely inflicted upon Plaintiff and his family, resulting severe financial or pecuniary damages extending into future years of financial injury and damages, knowingly foreseeable under prevailing Federal RICO laws, maintained, controlled, and managed by defendant Lowry and his attorneys, crossing States lines.
Since in and after 2003, each defendant did without any legitimate cause, reason, and without any legal justifications, except for defendants solely intended purposes of knowingly, willfully and deliberately devising
schemes to inflict irreparable mental, emotional, pecuniary injury and added future damages to Plaintiffs reputation, integrity, standing in his community, and character, while Lowry deliberately, through joint and separate ventures by his attorneys (defendants) Bradley Booke and Adam Levine in Nevada, and Seth Berenzweig, (hereafter, Berenzweig) and Zaffina did repeatedly, but unethically conceal, hide and prevent Plaintiff from continuing to voice his Constitutional Rights under the Constitutions First Amendments Freedoms of Speech and Association.
Each defendant has acted in combination or in-concert with each other defendant, in his and her individual, and/or official capacity to bring about and cause, by participating in, or engaging in a civil conspiracy under color of state law to violate Plaintiffs constitutional rights when each defendant used and abused their position(s) as officers and judges of their respective courts in their several States. Each defendant did foresee what injuries, damages and pecuniary losses would result by their criminal and civil rights violations of Plaintiffs. Each defendant did also have a legal duty, responsibility, and ethical justification to stop, prevent, interfere, and/ or report their cohorts and partners illegal acts against Plaintiff Fiorani over this most recent two of five years.
No defendant objected nor reported their co-defendants criminal and unethical acts and commissions of Lowrys constitutional or civil rights violation to a higher authority when each defendant could or should prevent Fioranis specifically combined damages and personal injuries committed by Lowry and his agents, staff, attorneys, or assigns or hired persons like S. David BSedek before May 24, 2007.
Each defendants intentionally illegal conduct was knowingly wanton, willful, malicious, and reckless, thereby purposefully causing directly or indirectly, such malicious behavior in such a manner that caused and resulted in Plaintiff to lose his liberty, freedoms and due process to further lose Fioranis rights under the U.S. Constitutions First and Fourteenth Amendments and Civil Rights.
Each defendant had devised their plans and scheme as a participant (actors) to cause directly or indirectly Plaintiffs detriment, resulting in the permanent harm, injury and severely extreme pecuniary damages to his immediate family over the period of five-years. In 2003, Plaintiff exposed, revealed and uncovered Lowrys ongoing devised criminal and civil conspiracy of his enterprises commissions of fraud, deceit, and intentional or reckless inflictions of emotional distress and utmost severe financial damages to Plaintiff and his familys health and mental well-being.
Subsequently, on May 16, 2008, without any past nor present legal justification, excuse, nor legitimate purpose(s), Plaintiff was publicly hand
cuffed by a deputy sheriff and practically, but partially stripped in the court
room of his shoestrings, tie, belt, and forced, coerced and intimidated into writing over the next five (5) days an unconstitutional confession regarding his voicing his First Amendment right under the U.S. Constitution to a charge of civil contempt on several years of judicial misconduct by defendants Sarah Zaffina, Esq., (hereafter, Zaffina), and Circuit Court Judge Denis Smith, (hereafter, Smith), Chief Judge for the Circuit Court of Fairfax County, Virginia.
Whereon May 20, 2008, Smith ordered the sheriff to bring Fiorani to Smiths court, wherein Zaffina was present, and while under extremely intentional duress, coercion, and an implied or expressed intimidation by Smith, that if Fiorani does not (hand) write a letter expressing his guilt to disobeying some States unlawful and unconstitutional judicial orders amounting to an injunction that was entered by those Nevada State district court judges, Satta, Parraguirre and Herndon; and Virginia circuit court judges Mayfield and Smith, Fiorani would be sent back to jail for his constitutionally voicing opposition against Lowry of his First Amendment right against defendant Albert Lowry for criminally defrauding, deceiving, and fraudulently circumventing federal and states criminal and civil laws.
Plaintiff Fiorani and his family have lost to Lowrys criminal empires, under RICO, and other federal and state crimes more than $800,000 partly due to bribery, conspiracy, obstruction of justice, perjury, and civil and constitutional rights violations of Plaintiff Fiorani by defendants concerted misconduct by U.S. District Judge in Maryland, Lowry and his attorneys, Berenzweig, France, and Cutler. Since defendants recent May 16-22, 2008
wrongful, illegal, and unconstitutional conduct that took away and ignored Fioranis personal freedoms and civil liberties, with absolutely no due process protection, now gives Fiorani a police record forever.
Thus, Fiorani is legitimately entitled to seek in total damages an amount of at least $2 million dollars against Lowry and his co-defendants, jointly and separately, under color of state law.
This Court has original jurisdiction pursuant to Title 28 U.S.C. 1331 1343(a)(1), (2), and (3). This Court has exclusive jurisdiction pursuant to Title 42 U.S.C. 1983 and 1985(3); and 28 U.S.C. 1443(1) and (2), and pursuant to the First and Fourteenth Amendments of the United States Constitution.
This Court has original and supplemental, concurrent jurisdiction pursuant to 18 U.S.C. 242 and 371 acting under color of state law(s).
This Court has concurrent jurisdiction with the U.S. District Courts in Arizona, Nevada, Maryland and Virginia, pursuant to the First Amendments, Freedom of Speech and Due Process actions pursuant to the U.S. Supreme Court holdings and the U.S. Constitution.
This Court has original jurisdiction pursuant to the amount in controversy exceeds $75,000, excluding interest and attorneys fees.
Venue is proper in this Court pursuant to Titles 42 U.S.C. 1983; 18 U.S.C. 242, (conduct under color of state law) and 371, (Federal criminal conspiracy), pursuant to Title 28 U.S.C. 1331 and 1332.
Venue is proper in this Court because the original criminal conduct was
originated outside the State of Virginia, in the State of Nevada, and crossed State lines into Maryland and between the States of Nevada, Arizona, Maryland and Virginia.
Plaintiff is a private person under rulings and holdings of the U.S. Supreme Court, and pursuant to the laws of libel, slander and defamation, wrongfully alleged and accused of by defendants Levine, Berenzweig, Zaffina and former defendant, Bradley Booke.
Albert Lowry is a resident of Clark County, Nevada. Lowry was documented to be prior to November 2002, and after February 22, 2003, to be under various criminal and civil investigations by the many Federal and various State(s) Attorneys Generals and States Consumer Protection Agencies for, inter alia, criminal fraud, criminal conspiracy to commit: bank fraud, credit card fraud, real estate fraud, deception, criminal deceit, and other crimes not disclosed by the Washington Posts 2 large-page articles written on February 22, 2003 and in March 2004 on Lowrys, among others who have criminally committed forms of real estate fraud, perjury and misrepresentation.
Levine is an attorney licensed in the States of Arizona and Nevada. It is unknown what State he resides in. He is an attorney employed in the law office of Daniel Marks located in Las Vegas, Nevada.
Levine took over for (Bradley) Booke, Esq.s past commissions of perjury, obstruction of justice, making materially false statements to a State of Nevada District Court Judge, ending with (pending defendant) District Court Judge Herndon in, or about, but before October 27, 2007.
Berenzweig is an attorney licensed in the States of Maryland, D.C., and Pennsylvania. Berenzweig is believed to be a resident of Virginia, and he is employed in the law office of Albo & Oblong, located in Arlington, Virginia.
Berenzweig, as an attorney, took over from Booke, past commissions of bribery, perjury, making materially false statements to a Fairfax County Circuit Court Judge(s) Mayfield and Smith, as well as other unethical acts and misconduct against Plaintiff between the period of 2004 to 2008, but specifically between September 22, 2004, to in or about, and after December 11, 2006.
Zaffina is an attorney licensed in the State of Virginia. It is not known where she resides. She is an attorney employed in the law office of Albo & Oblong, located in Arlington, Virginia. She has directly and indirectly imple-mented, schemed, planned and participated in these recently unethical,
unconstitutional acts, and misconduct that occurred in, about, and after October 27, 2007 to May 23, 2008. At the time of her recently illegal acts, unconstitutional misconduct, Zaffina was working with an attorney, Malik Cutler, Esq., who aided and assisted (a pending defendant in a civil and/or criminal suit/investigation) Zaffina that resulted in Fioranis eventual total losses of freedom, liberties of Fioranis First and Fourteenth Amendments Rights and Civil Rights violations dating back to in or about 2004 to 2006.
(Judge) Smith is currently a State of Virginia Circuit Court (Chief) Judge in Fairfax County, licensed to practice law in Virginia. Smith is a resident of the State of Virginia. Smith is a State employee when he was
acting outside of his official capacity, as a sitting Circuit Court (Chief) Judge for the County of Fairfax when he committed, under color of state laws, repeatedly violated Plaintiffs civil and constitutional rights by sending Plaintiff to jail for a period of five (5) days for a manufactured, maliciously fabricated, and repeatedly unconstitutional charge of civil contempt.
Smith had no legitimate reasons, legal justification, nor any other purpose but to intentionally keep, prevent, and hinder Plaintiffs freedoms of speech and association, solely on behalf of Lowry and Lowrys attorneys, Berenzweig, Zaffina and Malik.
Before and after May 1, 2008, Smith had engaged in a conspiracy with Zaffina, Berenzweig, and Cutler, under Virginias criminal code 18.2-22 when Smith knowingly used and abused his power, position, and authority under color of state law by sending Fiorani to serve time for only voicing his First Amendment right.
CAUSES OF ACTION
On October 5 and 6, 2002, Fiorani attended a real estate seminar with about 200 others in the city of Silver Springs, Maryland, given by Albert Lowry.
After the two day seminar, Fiorani had paid about $10,188, (hereafter, $10,000") for defendants (Lowrys) real estate seminars. The seminar charged Fiorani and each of the about 200 attendees the same amounts. Some attendees had also paid more than $10,000 based on the other fraudulent incentives presented during the seminars.
On and after October 7, 2002, Fiorani read the massive amount of materials and listened to tapes included in the $10,000 seminars.
Between October 7, 2002 to in or about March 2003, Fiorani had incurred added expenses, fees, and incidental costs to do, conduct, the programs and perform what Lowry and the paid for coach, Paulsen, who Fiorani had paid $2,500 for that Lowry has never admitted was additional costs, fees, and expenses of Lowrys real estate program(s).
As part of Lowrys criminal and civil frauds, disguised as a real estate seminar, Fiorani paid to be incorporated in the State of Nevada at an added cost to all attendees, $1,000 for the attorneys fee to draw up and set up the corporation, and another $1,500 for the Articles of Incorporation and all the accessories that come with it.
By about mid-March, 2003, the Washington Post had printed a month earlier their two (2) full pages on real estate frauds, scams, and deceptive practices that were being committed in the Washington D.C., metropolitan area. In the first printing, February 22, 2003, Lowry was among the many names of those who (were) are being criminally and civilly investigated by those who the Post reporters had interviewed. Too, the names and titles of those Federal agents and States Attorneys Generals were in the Posts article later re-printed one-year later in March 2004.
By about April 2003, Fiorani had met about a dozen others from that October 2002 seminar. It was about six out of that dozen who was having problems getting their real estate programs to work too. Their problems were similar to those problems Fiorani had. The largest problems were that the three-States, (herein considering DC a State), whenever Lowrys programs stated an attendee can do this, that or whatever, a State, city, or county employee would show where Lowrys program(s) were fraudulent and deceptive.
By about May, 2003, Fiorani had expended and incurred about another $35,000 in expenses, fees, and costs, along with incidental costs of doing the program(s). Fiorani kept in touch with six specific local attendees of Lowrys programs, when they were still having difficulties, experiencing many serious problems with Lowrys real estate programs NOT WORKING AT ALL.
Fiorani and about six of those attendees started to consult an attorney for the purposes of filing a class-action suit to recover all their money back, which included, but was not limited to ONLY WHAT LOWRY OR BOOKE, wanted to refund to Lowrys victims. Lowry and Booke were only refunding each attendee, per the attorneys consulted, not more than 10 cents on the dollar, specifically resulting in each attendee to lose because of Lowry, not only their original (program) costs of $10,000 to $12,500, but added losses of $25,000 to $45,000 in new costs, fees, and expenses that did not include incidental expenses raising what Fiorani (and those six to eight attendees to lose variables of from $50,000 to $60,000, in toto.
By in or about September 2003, Fiorani and six other attendees had hired an attorney at a cost of $25,000. The attorney prepared a class-action suit for the United States District Court for the Southern District of Maryland, in Greenbelt, Maryland. Between that time, many attendees had filed consumer complaints with their respective State Attorney Generals in Maryland, Virginia, Nevada, Pennsylvania, New Hampshire, New York, and New Jersey, along with the Nevada State Consumer Protection Division.
Unbeknownst to Fiorani and the Maryland and Virginia civil attorneys, Lowry and Booke filed a civil suit in the State of Nevada District Court, Las Vegas, alleging, inter alia, that Fiorani libeled, slandered, and defamed him, Lowry and his criminal cohorts by writing a consumer complaint to the Nevada States Attorneys General and Division of Consumer Protection.
Separately, in November 2002, the Nevada Supreme Court handed down a ruling in an alleged defamation civil case, Hampe v. Foote, 47 P.3d 438 (Nev. 2002). That ruling held, [that] an absolute privilege bars any civil litigation based on a defendant filing a communication with any States agencies, agents, boards, and commissions from claims of libel, slander or defamation.
Lowry and Booke intentionally did not serve Fiorani nor his attorney with their civil suit. Fiorani and his attorneys did not learn of Lowrys fabricated, malicious and retaliatory suit until about 10-12 months later when a letter was received from an independent company telling Fiorani and his attorneys that there is a default judgment against him, in favor of Albert Lowry, et al for $7,700.
It is at that point from which this Federal Civil Rights suit is filed on the grounds that defendants Lowry, Booke, Levine, Berenzweig, Zaffina, Malik, and Judges Herndon and Smith have continued for more than three years to violate Fioranis Constitutional and Civil Rights under the color of state law pursuant to Fioranis First and Fourteenth Amendment Rights resulting in Fiorani being unconstitutionally jailed for voicing his findings that Lowry had defrauded him, and about 200 others, from Lowrys 2002 seminar.
Since 2002 to this date of this civil suit, Fiorani and his wife have lost in excess of $500,000, not including RICO civil and criminal law violations because of Lowrys criminal patterns and practices of conduct.
After Fiorani was unlawfully, maliciously, and unconstitutionally sent to jail for voicing his First Amendment Right, a few lawyers were consulted and have surmised an amount of additional damages against Lowry and his co-defendants in an amount of $2 Million Dollars, not including RICO on civil and criminal violations.
1. In, about, or between August 22, 2005 to about July 26, 2006, Lowry, Berenzweig, and deceased third-party (Steven) David BSedek did either directly or indirectly, but corruptly, give, offered, or promised something of value to United States Judge Benson Legg, a public official to influence his official acts, in violations of his official duties as a U.S. District Court Judge, in and during a pending civil suit against defendant Lowry, by Plaintiff Fiorani.
2. On September 22, 2004, Plaintiff filed a civil suit against defendant Lowry and his criminal empire, Educational Advancement Institute, (EAI) and E.S.
3. On June 3, 2005, Fiorani got from the District Court a legitimate default judgment against defendants Lowry, EAI, and ES, for Lowrys, EAI, and ESs, failure to reply, answer, or appear after being served by U.S. Marshals on Fioranis complaint and judicial summons.
4. Fiorani filed his civil suit at the United States District Court for the Southern District of Maryland, Greenbelt, Maryland on September 22, 2004.
5. Lowry and Berenzweig acted in a conspiracy, with a corrupt intent, and both had a scheme, plan, or designed to influence a federal judge Legg in his official duties, acts, and position, to commit fraud on the United States, by inducing Judge Legg to act adverse to his lawful duties to Fioranis filed civil suit.
6. Federal Judge Legg used his public office, under color of State laws with Lowry, Booke, and Berenzweig, Esqs., with an intent to influence, or aid in committing, or collude with Lowrys agents to directly or indirectly act in violation of his official duty as a judge to influence an outcome of Fioranis civil suit by accepting and receiving Lowrys bribe.
7. Between Judge Legg, with Berenzweig, Esq. and Lowry, jointly blocked hindered, or abused his official duty, as a federal judge, preventing Fioranis civil suit from proceeding for about, but not less than seven (7) months, after it was filed, until April 8, 2005 because of, or relating to, Lowrys, Bookes, or Berenzweigs Ex-Parte communications with Judge Legg about Fioranis civil suit.
8. Lowrys, Bookes, and Berenzweigs offering of something of value and gave to Judge Legg, a bribe, did directly or indirectly corrupt our judicial system by influencing the outcome of, negatively, Fioranis civil suit while committing fraud on the U.S. Government and Court.
9. Plaintiff incorporates this cause of action, herein, as though it is a part of, or a portion of any of the other enumerated causes or counts stated herein.
10. Defendants Zaffina, Berenzweig, and (Judge) Smith engaged in a conspiracy to cause directly or indirectly, Plaintiff Fiorani to lose his Freedoms pursuant to the First Amendment Right and Due Process, Equal Protection of Laws protection under the U.S. Constitution.
11. Plaintiff Fiorani repeatedly demanded his First Amendment, Freedom of Speech Right on and before May 16, 2008.
12. On, about, or after November 2007, Zaffina and Berenzweig entered into an agreement with defendant Lowry to get Fiorani.
13. After November 2007, Lowry directed, engaged in and agreed to his attorneys to commit acts, while in furtherance of their joint agreement to prevent Fiorani from exercising his First Amendment, Freedoms of Speech and Association rights.
14. Berenzweig, Lowry, Zaffina, and in agreement with Smith, under color of laws, committed [their] overt acts in furtherance of their civil and criminal conspiracy to prevent Fiorani from being protected pursuant to his freedoms of speech and association.
15. Before May 16, 2008, defendants Zaffina and Smith had entered into an agreement intending to commit fraud on the court when Smith ordered, adverse and contrary to, Fioranis Constitutional and Civil Rights, under color of state law, Fiorani to lose his freedom for five-days in jail for voicing his First Amendment, Freedom of Speech on and before February 8, 2008.
16. Whereon before May 16, 2008, defendants engaged in acts by entering into agreements from which to threaten, intimidate, coerce and retaliate against Plaintiff Fiorani, a Federal and State Witness and Victim pursuant to Title 18 U.S.C. 1512, 1513, and 1961, by violating Fioranis freedom pursuant to the United States Constitution.
III. OBSTRUCTION OF JUSTICE
17. Plaintiff incorporates this cause of action, herein, as though it is a part of, or a portion of any of the other enumerated causes or counts stated herein.
18. Prior to February 8, 2008, Plaintiff Fiorani filed several legitimate consumer complaints with the States Attorney General in Nevada and Nevada Consumer Protection Division.
19. In Tempe, Arizona there is a consumer website named, Ripoffreport www.ripoffreport.com. Some of Plaintiff Fioranis consumer complaints were later published on RipOff Reports. Presently, there are about 28 consumer complaints on RipOffReports about Albert Lowry, et al.
20. From Las Vegas, Nevada and Arlington, Virginia, each defendant has jointly, or separately, and knowingly used various forms of threats, intimidation, and retaliation at the direction of, guidance or instructions from Lowry to wantonly and willfully, or criminally persuade, silence, and use duress against Plaintiff Fiorani for him to engage in making knowingly false, misleading, or inaccurate statements to government officers, agents or agencies of either, or both a State and/or Federal agency about Lowrys past and present criminal activities.
21. Defendants committed separately or jointly, crossing States lines to implement their intended cause of influencing all victims testimony and complaints.
22. Defendants Smith, Zaffina, and Cutler, thereby committed directly and indirectly, by threats of jail, fine, and by other unconstitutional official judicial conduct which was intended to cause a procuring of a fraudulently written letter by Fiorani, then mailed by U.S. Mail to the legal department of RipOffReports with criminal or civil intention(s) to deliberately mislead, distort, deceive, or to knowingly, willfully and to unethically prevent Fioranis legitimate civil and criminal complaints from being publicized, exposed, and released about Lowry, a public-person, for his decades of RICO criminal and civil conduct on that web-site for an official proceeding.
23. On May 22, 2008, defendants did knowingly, willfully, and wantonly procure from Plaintiff Fiorani, by and through the uses of threats, coercion, intimidation and duress, to obtain a falsely written letter by Fiorani with an intent to deceive, withhold testimony, records, or all documents that would, could, or will expose defendants collective criminal (and civil) conduct against Fiorani, et al, a witness and victim of defendants, especially Lowry.
24. On May 22, 2008, specifically, defendants Zaffina and Smith, while acting in his official judicial capacity, with Zaffina, both acting as agent in a conspiracy, committed intentionally, willfully, and knowingly in a jointly corrupt scheme, plot or plan, devised and designed as a means to force Fiorani by uses of official judicial intimidation, or duress, to prevent Fiorani from influencing any Federal and State agents, agency or law enforcement agencies, under color of state law.
25. Defendants committed, by and manipulating, changing, distorting, and secretly planning, plotting or scheme with Lowry, under color of state law, to design through Fioranis publicizing, exposing, and releasing his testimony, production of documents, and evidence against Lowry and his criminal enterprises: EAI, ES, (NIA) and Learning Annex acts against all victims of Lowry by SILENCING and CAUSING VICTIMS TO DISAPPEAR by uses of threats, intimidation, and forms of retaliation.
26. Defendant Zaffina has unconstitutionally and unethically, contrary to her own written and signed judicial orders by defendants Smith and Mayfield, withheld all in-court-made transcripts produced on and before May 16, 2008, did violate her own written judicial order(s) accusing Fiorani of deliberately failing and refusing to comply with that order(s) of either Judges Mayfield or Smith.
27. Zaffina has purposely failed, refused, and she has deliberately withheld facts and documentary evidence, (court-transcripts) that would and will prove Zaffina acted in an agreement, conspiracy with Judge Smith before, on and after about May 1, 2008, against Fiorani.
IV. CIVIL RIGHTS
28. Plaintiff incorporates this cause of action, herein, as though it is a part of, or a portion of any of the other enumerated causes or counts stated herein.
29. Before, on and after September 2004, Defendants Berenzweig, Zaffina third-party, Cutler, and Judge Smith, pursuant to Title 42 U.S.C. 5, did knowingly, willfully, and intentionally, without any legal just cause, legitimate justification, nor reasons caused resulting personal, mental, financial, emotional, and physical harm, injury and damages to Plaintiff Fiorani, by preventing him from exercising his First Amendment right under the U.S. Constitutions Freedom of Speech.
30. Lowry, EAI, ES, Berenzweig, Zaffina, Levine, and Smith engaged in an agreement to conspire, under color of [State] laws, while Smith used his official position, in his official capacity as a sitting State Circuit Court Judge, to deprive Fiorani of his protected First Amendment right pursuant to the United States Constitution.
31. Lowry, EAI, ES, Berenzweig, Zaffina, Levine, and Smith willfully, intentionally, and unconstitutionally deprived Plaintiff Fiorani of his First Amendment right, privileges, and immunities secured by the U.S. Constitution and State laws, by and through defendant Judge Smiths abuses of his official duties, under color of state laws.
32. Specifically, at Lowrys direction, guidance, or instructions to Zaffina and Berenzweig, and while each had their agreement or conspiracy to put and demand that Smith put Fiorani in jail, thereby violating Fioranis Freedom of Speech, Due Process, Equal Protection of Laws, and the Bill of Rights, under color of state laws.
33. Before May 16, 2008, Zaffina, Berenzweig, (third-party) Cutler had entered in an agreement, or conspiracy, or had a meeting of the minds with State Circuit Judge Smith to permanently deny, deprive, and violate Fioranis freedoms of speech and association; and,
34. Before May 16, 2008, Zaffina and Berenzweig, with Judge Smith, had issued and drafted an unconstitutional set of orders that was to permanently, intentionally, or knowingly deprive Fiorani of his First Amendment, Constitutional rights protection under the color of state laws by permanently preventing Fiorani from ever speaking truthfully about Lowry, his attorneys, staff, employees, and/or Lowrys criminal enterprises who victimized tens of thousands of victims, nationwide.
35. Whereon May 16, 2008, without any legal reasons, justification, or violations of any such criminal laws, Fiorani was jailed for five-days, to the Fairfax County jail on a manufactured, maliciously intentional, or retaliatory claim and charge of civil contempt.
V. VICARIOUS LIABILITY
36. Plaintiff incorporates this cause of action, herein, as though it is a part of, or portion of any other enumerated causes or counts stated herein.
37. Defendants are vicariously liable for all civil and criminal activities committed by each other member of their separate or joint agreement engaged in by each defendant conspiracy between each other.
38. Zaffina, Berenzweig, and Judge Smith were parties to a conspiracy, under color of state law, from which defendants agreement or conspiracy did intentionally cause and directly resulted in Fioranis loss of his freedoms of speech and freedoms of movement;
39. Each defendants civil and constitutional rights violations were acted on while within the scope of unconstitutional and unlawful conduct, i.e., civil conspiracy, obstruction of justice, perjury, threatening, retaliation and duress of Fiorani to write an unconstitutional letter claiming guilt for violating an unconstitutional and VOID JUDICIAL ORDERS ENTERED IN NEVADA AND VIRGINIA.
40. Zaffina, Berenzweig, Cutler, and Smith, in Fairfax, Virginia engaged in their agreement or conspiracy, directed by or through instructions from Lowry, controlled defendant, Levine and Herndon, (pending defendants Satta, and Parraguirre), in Las Vegas, Nevada, continued to in their agreements or conspiracy to act against Fiorani and his First Amendment and Civil Rights by knowingly, willfully, or recklessly ignoring and failing to prevent other defendants from deliberately or purposely violating Fioranis Freedoms of Speech and Civil Rights in Nevada or Virginia.
41. Each defendant violated Fioranis civil rights in furtherance of their own conspiracy, or agreements, to permanently keep Fiorani silent on and about all of defendant Lowrys ongoing patterns of criminal or civil acts violations pursuant to Federal laws of RICO, 18 U.S.C. 1961 and 1512, 1513, and Obstruction of Justice by each defendants using or abusing their official capacity as a state (government) employee while acting under color of [state] laws, pursuant to Title 42 U.S.C. 1983.
42. Defendants reasonably foresaw the damage resulting from their violating Fioranis civil and Constitutional rights as a natural and necessary consequence of their agreements and conspiracy which did purposely, willfully, recklessly and deliberately concealed, hid and prevented Fiorani from exercising any of his Constitutional Rights before May 22, 2008.
43. Each defendant is a co-conspirator, liable for all criminal, constitutional and civil acts or concerted conduct committed by Lowry and his many attorneys who are fully knowledgeable of, skilled in basic rules of law, and each defendant knew the effects of their unconstitutional conduct to permanently deprive Fiorani of his (federally) protected Rights under our Constitution, when each defendant acted in concert, during their official position-capacity as a government agent, employee of Lowrys; And,
44. Each defendants employer(s) are vicariously liable for each of their co-defendants criminal, civil, and unconstitutional, conduct while each defendant was engaging in a cross-States lines conspiracy in Nevada, Maryland, and Virginia, with Lowry in control of protecting his RICO enterprises from nationwide exposure of Lowrys criminal organization.
VI. RICO, CIVIL
45. Plaintiff incorporates this cause of action as though it is a part of or a portion of other enumerated causes of action or counts stated herein.
46. Before and after October 2002, defendant Lowry was or still is an owner, leader, agent, and employee of his two (2) or more racketeering enterprises.
47. Lowrys enterprises raise all their funds, monies, and conducts the businesses of his enterprises by and through the alleged buying or selling of real estate.
48. In or about February 2003, and in or about March 2004, the Washing- ton Post printed several large, two (2) full pages of ongoing federal and state criminal or civil investigations being conducted nationwide, against named persons, (criminals) who were defrauding, scamming and stealing monies from citizens, (aka, victims).
49. In those articles, the Post named Albert Lowry, among others, as those real estate persons being investigated by federal and state agencies.
50. Lowrys enterprises cross-state lines, and affect victims in every state involving interstate commerce, leaving each eventual victim in a far worse financially devastated effect, detrimental to each victim of Lowrys real estate seminar(s), nationwide.
51. In or about and after 2003, Lowry and (his attorney) Booke filed a falsified civil suit, alleging libel and defamation. That civil suit was adverse, or contrary, to the Nevada State Supreme Court holding in Hampe v. Foote, (citation omitted), [a]ny persons complaint to any board, commission, agent, and/or agency, is absolutely immune from any suit for libel, slander, or defamation.
52. Lowry and Booke knowingly, purposely, and willfully did not serve or notify their defendant as to their falsified and manufactured suit, in order for defendant Lowry and Booke to obtain an unconstitutional default judgment, adverse to Fioranis Fourteenth Amendment, Due Process, (Notification of suit).
53. In and after 2005 to 2006, Lowry and Berenzweig engaged in a civil conspiracy with a U.S. District Judge (Legg), bribing Legg, in his official judicial capacity, under color of state laws to induce by various means Lowrys protection against Fioranis legitimate civil suit, and thereafter, Berenzweigs bribery to Legg to Fioranis default judgment of $800,000 dismissed, set aside by Leggs and Berenzweigs conspiracy.
54. Between October 2005 to July 2006, Lowry, Berenzweig, and Legg entered into a conspiracy with (late) David BSedek to send by internet over wire(s) from a YAHOO! account, allegedly belonging to Sina Thompson, (aka, believed to be Sarah Zaffina), and from a law office account in Chicago, Illinois, allegedly belonging to a Sara to Fioranis email account, a bodily threatening, retaliating email that brought in the local police in Virginia and Federal agents from the FTC, DOJ, FBI, and U.S. Attorneys Offices in Baltimore and Alexandria.
55. For about three-months, Lowry directed, guided and instructed David BSedek by and through Berenzweig, (Cutler and France), with specific authorization from District Judge Legg during Plaintiffs suit. Lowry directly caused, resulting in BSedeks threatening bodily Fiorani and his families in Maryland and Virginia with physical harm, injuries and severe or egregious financial damage without any interference from a presiding, sitting Federal district judge Legg.
56. Fiorani promptly notified District Judge Legg at the same time he was to Baltimore to meet the FBI, U.S. Attorneys Office, and an attempt to notify Judge Legg about Lowrys and Berenzweigs criminal or civil conduct against Fiorani and his families, pursuant to Title 18 U.S.C. 1961 and 1512, et seq.
57. Lowry is the head of an existing RICO enterprise.
58. Lowry, Berenzweig, Levine, and Zaffina, with Judges Smith and Herndon has committed at least two-or more illegal or unconstitutional acts pursuant to RICO.
59. Lowrys directions, or in the alternative, instructions to Berenzweig, Levine, Zaffina, Smith and Herndon, in the States of Virginia and Nevada, while directly, or indirectly involving interstate commerce, constitutes a pattern of and practices of racketeering activities which violates many victims health, finances, safety, and has also caused directly, or indirectly, severe mental, emotional, physical, and future psychological harm, injury, and damages under Lowrys enterprises.
60. Lowry, and other unnamed co-conspirators have invested in those named racketeering activities, acquiring a majority interest in or he has maintained complete control over each enterprise through Lowrys past six (6) years of racketeering activities, specifically against Fiorani and dozens of other victims and witnesses in about 10 states.
61. Therefore, Lowry and his co-conspirators, the named and unnamed defendants have continued to maintain all such control in such a way as to commit all such criminal acts which involve, directly or indirectly, the murders of two persons by BSedek in Shippensburg, Pennsylvania, and the 2005-2006 bodily threats to Fiorani and his family by Lowrys hired agent, attorneys, staff, and/or employees to continue Lowrys control over racketeering activities affecting interstate commerce.
VII. CIVIL RIGHTS, FIRST AMENDMENT
62. Plaintiff incorporates this cause of action as though it is part of, or a portion of any other enumerated causes or counts stated herein.
63. Defendants Zaffina and Judge Smith engaged in a conspiracy and an agreement to purposely violate Plaintiff Fioranis First Amendment, Freedom of Speech.
64. Defendants Zaffina and Judge Smith, while acting within the authority of his state employment capacity, abused his position by willfully, knowingly, and recklessly violated Plaintiffs First Amendment right by issuing at least one-judicial Order that totally restricted, prevented, or blocked all Plaintiffs free-speech enumerated under the Constitutions Bill of Rights.
65. Defendants Zaffina, Cutler, Berenzweig, and Judge Smith collectively, did while continuing to engage in a conspiracy, or agreement, under color of [state] law, intended to hid, conceal and prevent Fiorani from ever writing, speaking, or communicating in anyway, to anyone about ongoing criminal and civil acts, or misconduct of Lowry by completely restricting Fioranis free speech of Lowrys past and current patterns of RICO violations against Fiorani, to Fioranis unconstitutional detriment.
66. Defendants Smith, Zaffina, Berenzweig and Cutler, knew and had reasons to know that each of them, separately or collectively, were violating Fioranis Free Speech, contrary to and unconstitutional to the First Amendment.
67. Defendants each have specific legal knowledge, education, experience, and years of training from which each defendant can, should, could, or was to know and foresee the unconstitutional results of their collective acts against Fioranis Freedoms of Speech, ending in Fiorani being unlawfully or unconstitutionally imprisoned for Fiorani voicing his First Amendment Right to Rip Off Reports, located in Tempe, Arizona.
68. Fiorani had a legal and legitimate right to submit a consumer complaint against defendant, Albert Lowry, et al.
69. Fiorani has been severely harmed, injured and damaged by Lowrys criminal and civil, or in the alternative, constitutional rights violations stemning directly by Lowrys initiation of years of failing to comply with each Federal and State laws, Consumer Protection Acts, and FTCs laws that have exposed Lowrys nationwide criminal enterprises pursuant to RICO.
70. Zaffina, Berenzweig, Cutler, Levine, and Smith have willfully, wantonly and recklessly intended the consequences of their unconstitutional conduct against Fiorani.
71. Each defendant retaliated, threatened, intimidated and placed Fiorani under duress on and before May 22, 2008, forcing Fiorani to write a materially, but knowingly false, letter, thereby causing subornation of perjury in a State Court by defendants Zaffina, Berenzweig, and Judge Smith by placing Fiorani under intentional duress by a State Circuit Court Judge Smith, Lowry and his attorneys, Zaffina, Berenzweig and Cutler.
72. Judge Smith acted under color of state laws on and before May 22, 2008, as an agent of defendants Lowry, Berenzweig, and Zaffina, when Smith abused his position, ordering Fiorani to jail as punishment for Fioranis legitimate voicing, demanding, and reporting Lowrys ongoing Constitutional violations of Fioranis Freedom of Speech and thereby removing Fioranis freedom of movement and speech, jointly.
73. Defendants, Zaffina, Smith and Berenzweigs malicious retaliatory prosecution of Fiorani by jailing him through the use of a State Court judges position to severely harm, cause resulting further financial injury and egregious total damages to Fiorani because of Lowrys protection, maintaining, and controlling his exposed criminal RICO enterprises from being nationally publicized by a victim and witness.
74. WHEREFORE, as a direct, foreseeable, proximate and wanton cause of defendants intentionally malicious, retaliatory, vindictive, and intended knowing harmful conduct inflicted against Plaintiff Fiorani, pro-se;
A. Fiorani has suffered and will continue to suffer a falsified police record that is permanent; and,
B. Fiorani did suffer, and he will continue to suffer the embarrassment of being publicly handcuffed in a courtroom for demanding his Constitutional or Civil Rights protection under the laws against defendants, Zaffina, Lowry, Berenzweig, and Levine, or Cutler, to defendant Judge Smith; and,
C. Fiorani suffered and will continue to suffer additional exacerbations
specifically by defendant Lowry, et al, of Fioranis medical conditions, which includes, but is not limited to:
(1) increased blood pressure(s) readings;
(2) increased glucose readings that had exceeded normal levels of 200, excessively high levels of, to 383 and 405. Those levels would, or could had caused Fiorani to suffer an additional heart attack;
(3) Defendants had for about, or more than 48 hours, but temporarily deprived, denied, and kept Fiorani from getting his nine (9) permanent life-saving medications;
(4) Defendants, on behalf of Lowry, et al, had ordered, resulting inflicted damages, harm, and financial, mental, and physical harm to all victims of his for more than six (6) years, under Lowrys RICO enterprises which has kept repeatedly inflicting intentionally malicious, vile, spiteful, and intentional harm, willfully deliberate pecuniary injuries to Fiorani and his family, and Lowry, et al, has increased Fioranis medical damages because of, but specifically as a direct and proximate cause of Zaffina, Berenzweig, Cutler, and Judges Herndon, Satta, Parraguirre, Mayfield and Smith, among other past parties and defendants;
(5) Lowry has intended, foresaw, and knew, or had reasons to know that his hiring S. David BSedek to deliberately hurt, harm, cause bodily injury to Fiorani, would lead to Lowrys participation in as a co-conspirator to his RICO enterprises, the direct and proximate resulting damages to Fioranis families and their separate or joint pecuniary losses that have exceeded $450,000. But, with Lowrys RICO crimes, civil acts, and conduct, have not required punitive damages in the amount of, since 2002 to specifically, 2005
had intended to cause proximate, resulting, and foreseeable bodily harm, injuries, or for Lowrys hired killer, S. David BSedek, to possibly kill Fiorani and, or his family because of Fioranis reporting, exposing, and making calls to the national law-enforcement agencies, States Attorneys Generals, and Consumer Protection Division agencies.
D. Defendants caused knowingly resulting and intended injuries, harm and damages to Fiorani, by and through, directly or indirectly Lowrys attorneys who were purposely inflicting resulting permanent harm and exacerbating to Fiorani, more egregious acts of, by escalated Fioranis financial, mental, emotional, and physical, or psychological damages to Fiorani, specifically, and transferred harm, damages, and injuries to Fioranis family by defendants combined joint and separate illegal and unconstitutional conduct committed by defendants;
E. Specifically, by primary defendant Lowry, and Zaffina, Cutler, Berenzweig, under color of state laws; and by Judge Smith while acting in his official capacity, when he directed, ordered, and continued his conspiracy agreements with defendants, Zaffina and Berenzweig, on behalf of Lowry.
Plaintiff demands judgment against defendants, jointly or severally, in the amounts of Two Million Dollars for compensatory, general, special, and punitive damages under RICOs Civil and Criminal statutes.
Rosario A. Fiorani, Jr.
7115 Latour Court
Kingstowne, Virginia 22315
(703) 975-7666 Cell