Please sign my petition at Change.org, pleading for my freedom and for my wrongful conviction to be heard. Thank you.
The petition is here:
Is Justice blind or altogether dead in the United States of America, the country of free men and women, the country that people around the world look up to and dream of coming here to live here and stay here? There is a great injustice in the United States and it is judicial misconduct, that which convicts innocent men and women and sentences them to time stolen that can never be returned. A wrongful conviction is Judicial murder: an innocent sentenced to live out the next 10, 25, or life behind bars for something they didn’t do. Stop judicial misconduct by holding the individuals responsible for wrongful convictions and free the innocent persons that were falsely accused and wrongfully incarcerated.
Meet Janet Marcusse, someone everyone should know, but don’t. Janet Marcusse, age 58, was falsely accused of a ponzi scheme back in 2005. Newspapers called her a “screaming con artist” and “the ringleader of a $12.7 million scheme” (1) without even hearing the truth. And today, even with thousands of pages of evidence, newspapers still won’t hear her story. To them, she has already been deemed guilty because of her wrongful conviction, a conviction under “honest services fraud” because the government was caught lying about at least $7.5 million (2). Because of this lie, the government had to change their tactics and charge Janet Marcusse with something else other than a ponzi scheme. And even with this lie, the government still wrongfully convicted Janet Marcusse and sentenced her to 25 years in a federal correctional institution. It’s been ten years, and with countless rejected petitions in court on her innocence, Janet Marcusse is still fighting for her freedom. She is not giving up, but with so much judicial misconduct and Judge Robert Holmes Bell, a federal judge of the Western District of Michigan, rejecting her petitions without even consideration, going as far as not filing her §2255 brief, which is illegal (3), Janet Marcusse cannot speak out about her innocence nor gain her freedom through a corrupt system.
Janet Marcusse was subject to torture under the custody of the federal Marshals in open court in the presence of Judge Robert Holmes Bell. Instead of stopping the physical abuse, Judge Robert Holmes Bell allowed the federal Marshals to physically abuse Janet Marcusse in open court. His response to her pleading for him to ask the Marshals to stop hurting her was, “Stand and be quiet until I finish” (4).
What kind of Judge, federal or state, would allow the open physical abuse of a prisoner in his or her courtroom? It is appalling that such behavior, if not against their own conscience or morals or ethics, should indeed be against the behavior of a federal or a state Judge according to the US Courts Code of Conduct for United States Judges (5).
“The Canons are rules of reason. They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law, and in the context of all relevant circumstances…
CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES
(A) Respect for Law. A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary…
Canon 2A. An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired. ” (6)
The United Nations Human Rights, Office of the High Commissioner of Human Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which was adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987, in accordance with article 27 (1) states that:
1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
(b) When the alleged offender is a national of that State;
(c) When the victim is a national of that State if that State considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.” (7)
The United States of America is a member state of the United Nations, being bound by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act. (8)
Judge Robert Holmes Bell is clearly in direct violation with the laws of the United States, his sworn office of being a federal judge, and with International law by allowing the torture of Janet Marcusse in his court room in open court.
Not only did Janet Marcusse suffer torture at the hands of the United States Marshals, she was subjected to drugging by the Newaygo County Jail of White Cloud, Michigan, where she was housed during her 2005 trial. (9)
Janet Marcusse, after eating breakfast the first day of trial and having acted out in court due to the drugs in her system, realized the government scheme and refused to eat her food. Janet Marcusse is neither a very loud or violent woman. An inmate, unaware of the drugged food, helped herself to Janet Marcusse’s daily meals and found herself disoriented, angry, loud, and even violent which was not her normal behavior. She even sustained physical damage due to the drugged foods. (9)
Not only was Janet Marcusse subjected to drugs in her foods at the Newaygo county Jail to make her seem more “violent” during her court appearances, instigations from officers to inmates, resulted in the physical violence of Janet Marcusse being attacked by another inmate, an incident in which the Newaygo County Jail refused to acknowledge the physical damage that Janet Marcusse received from a choke hold and being body slammed by Michelle McDaniel. Newaygo County Jail’s Administrator, Roger N. Palmiter, went so far as to lie about the injuries Janet Marcusse sustained and lied about her not asking for medical care after the incident. (9)
It is evident by these and the complaints Janet Marcusse has tried to get heard through her innocence claims and legal briefs that she has been subjected to torture, at the hands of the government, in order to convict her for a crime she did not commit.
Janet Marcusse ran an investment company called Access Financial, which invested money in various accounts like Branson MLC (10, 11), Worldwide E Capital LLC where its principal Winfield Moon was vetted by Treasury attorney James Kramer-Wilt (11), and retired FBI Agent Gerard “Jerry” Forrester supported Bahamian bank, SSBT (Suisse Securities Bank & Trust) (11, 12). Janet Marcusse went to the police about her ex-sister in law, Diane Boss, and her husband, Wesley Boss, embezzling $1.5 million from the company. Instead, the Boss’ teamed up with the government and falsely accused Janet Marcusse of running a ponzi scheme.
When Marcusse asked for retired FBI Agent Gerard “Jerry” Forrester to be subpoenaed as a witness for the defense in her trial, Judge Robert Holmes Bell responded with, “Gerard M. Forrester: Defendant has failed to allege facts that are relevant to the issues in this trial…moreover, the government has suggested that the existence of this person is of doubtful validity.” (13)
Ex-FBI Agent Gerard M. Forrester was the man who endorsed the Bahamian bank, SSBT, in which Janet Marcusse, because of those government endorsements (14), invested investors’ money into SSBT. SSBT was collapsed, and liquidated shortly after the investments made (15, 16, 17). If this information is not relevant to a case of investment fraud, aka a ponzi scheme which Judge Robert Holmes Bell first tried to charge and convict Janet Marcusse on, then what is? Gerard M. Forrester could certainly attest to the validity of SSBT bank, which he endorsed, and be proof that Janet Marcusse did indeed invest investors’ monies as she said she would. Instead of allowing Janet Marcusse this crucial witness, Judge Robert Holmes Bell, denies her this witness alleging that Gerard M. Forrester has no relevancy in this case. Judge Robert Holmes Bell, a man governing justice over the Western District of Michigan, is actually obstructing justice.
Judge Robert Holmes Bell’s denial of the existence of ex-FBI Agent, Gerard M. Forrester (13), is an attempt to make Janet Marcusse seem as if she is lying when the person actually committing perjury, is Judge Robert Holmes Bell and prosecutor, Assistant United States Attorney (AUSA) Michael Schipper, who was awarded a Judge seat by Michigan Governor, Rick Snyder, as a direct result of Janet Marcusse’s case, which is the only case cited in the article (18).
Gerard M. Forrester, who likes to go by “Jerry”, is a real person, a Special Agent of the FBI who retired in good standing. Gerard Forrester has his own website (19) which shows his FBI badge (20) and the signature matches exactly the ones on the SSBT bank endorsement letters (14).
Not only is Judge Robert Holmes Bell’s denial of Gerard M. Forrester’s existence an obstruction of justice, it is hard to believe that a federal Judge, who is educated in all the ways of law, has somehow missed recognizing Gerard M. Forrester’s name in the committee report of the 108th Congressional Meeting from 2003-2004 (just a year prior to Janet Marcusse’s trial in 2005) dealing with the FBI’s Use of Murderers as Informants (21). The report read,
“5-11-81: A World Jai Alai expense report indicates that Paul Rico and World Jai Alai entertained FBI Special Agents Tom Dowd and Jerry Forrester in the Bahamas. [Note: Rico testified at the Alcee Hasting Impeachment trial before the Senate that Tom Dowd’s wife was an employee of Miami Jai Alai.] 719″(21)
FBI Special Agent Jerry Forrester in the Bahamas. Gerard M. Forrester, who goes by Jerry Forrester, who operates in the Bahamas and endorses a Bahamian bank.
Somehow, Robert Judge Holmes Bell claims that Gerard “Jerry” Forrester, ex-FBI Special Agent, who endorses a Bahamian bank, has his own website of being a private investigator (19), has a LinkedIn profile (22) with over 500 contacts including former FBI Special Agents and listing the Federal Bureau of Investigations as a former workplace, and has several articles of his boasting of illegally capturing and sending Bahamians back to the Bahamas (27, 28, 29, 30), does not exist.
Four men on LinkedIn, two FBI Special Agents (one retired and one still in the FBI), one former Scotland Yard, and one casino man is listed under Gerard “Jerry” Forrester’s recommendations as below.
“Douglas S. Shipley, MSEd (23)
Acting Assistant Special Agent in Charge/Supervisory Special Agent (Retired)
While in the Bahamas I had the opportunity to observe the professionalism in which Doug appoached his assignment. He is intelligent and well organized. He is a credit to the United States Government
October 27, 2011, Jerry worked with Douglas S. at Federal Bureau of Investigation
Ronald Harrison (24)
Ron and I met 35 years ago when he was with Scotland Yard and I was with the FBI. We have remained friends since we met and have been doing private investigations together since we both retired. He is a true professional and excellent investigator.
February 4, 2010, Jerry was with another company when working with Ronald at Surelock International Limited
Anthony Velazquez (25)
Assistant Legal Attache – Capetown, R.S.A.
Tony Velazquez is one of the most outstanding young men I have met. He is intelligent, quick witted, socialable and never stops thinking.
January 28, 2010, Jerry managed Anthony indirectly at FBI
Harvey Perkins (26)
Harvey is one of the most knowledgeable casino men I have worked with since my retirement from the FBI. His integrity is beyond reproach. It would be an honor to work with him again.
January 25, 2009, Jerry worked directly with Harvey at Spectrum Gaming Group” (21)
Even with all this proof of Gerard M. Forrester’s existence and involvement with the FBI and also with the Bahamas, Judge Robert Holmes Bell stubbornly refuses to believe the existence of this man who is a direct cause of at least $10 million in losses for Janet Marcusse and her investors.
Janet Marcusse has spent more than ten years wrongly incarcerated. The government has admitted to endorsing SSBT bank where investors’ monies were invested and lost (31). Janet Marcusse sued in tax court and won about the alleged money she kept which was used as a motive of her crime (32). $936, 626 was alleged that Jan profited from her scheme to defraud investors. She won tax court, the amount of $936, 626 being reduced to zero (32). With no motive, there is no crime. Judge Robert Holmes Bell, however, refuses to accept the judgement and to apply it as evidence of Janet Marcusse’s innocence.
Instead, dirty tricks and tactics were used by the government in trying to discredit Janet Marcusse in case she ever went public against them. Dirty tactics such as alleging that Janet Marcusse was engaged in prostitution (33), having a bogus arrest warrant for her co-defendant, George Besser, alleging that he was distributing drugs (34), and fabricating mob ties to search the house of Attorney Gurmail Sidhu (35), claiming Janet Marcusse had an assassination plot on judges’ lives (36) and that Janet Marcusse had a history of violence and were convicted of such assassination plots (the government created a criminal history for Janet Marcusse (37)) when Janet Marcusse’s PreSentence Investigative Report showed a history of zero charges, not even for a speeding ticket (38), and going as far as intimidating and threatening witnesses (39) and having IRS Agents James Flink and Steve Corcoran taking pictures of witnesses (40) in case Judge Robert Holmes Bell ever decided the witnesses were a threat to his well being as he so stated in an article in the Grand Rapids Press (41) as to why he has pictures of people he deems is a threat.
If the government had a legitimate case against Janet Marcusse, there would be no need for the government to resort to such gross misconduct that involved and isn’t limited to: threats, intimidations, druggings, instigations, torture, bogus arrest warrants, false allegations, physical abuse in a court of law, denials, and the continuous rejection of legal petitions to keep Janet Marcusse’s innocence from being heard.
Judge Robert Holmes Bell, a federal Judge who is supposed to give justice has instead, perverted justice, abused justice, obstructed justice, and wrongly incarcerated an innocent woman: Janet Marcusse.
Judge Robert Holmes Bell, along with all other guilty parties which obstructed justice and engaged in gross judicial misconduct and misconduct should be held responsible for their crimes.
Absolute immunity allows Judges the ability to abuse their power as a judge. A judge should be held liable and monetarily liable to misconduct that he or she has caused. If a judge did not engage in judicial misconduct, then a judge will have nothing to fear of a lawsuit seeking damages. In the case of Janet Marcusse and Judge Robert Holmes Bell, he knew he had absolute immunity from a civil lawsuit seeking justice, so he agreed to Janet Marcusse’s demand of being paid $5,000 a day for her wrongful incarceration. Absolute immunity makes corrupt judges like Judge Robert Holmes Bell able to lie and do what he wants without consequences. He should be held responsible for the damages he causes in judicial misconduct and in sentencing innocent individuals to prison. Being above the law does not make Judge Robert Holmes Bell a better judge. Instead, it offers him a legal right to abuse the law as we so clearly see him violating not only United States law, but International law as well. He should not be granted immunity and should be prosecuted for his actions and his crimes. A position of power does not allow one to abuse that power. If the governing bodies over the United States of America can lie, cheat, steal, and sentence an innocent person to rot in prison for any number of years, then they are no better than the so called criminals that they sentence and judge.
The United States of America is responsible for the punishment of the judicial misconduct of its judges, public government employees, and public government offices. Judge Robert Holmes Bell has violated United States law as well as International law and has subjected Janet Marcusse to torture under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. And that is the very least of his gross judicial misconduct.
I petition the people of the United States of America and President Obama as well as former US Secretary of State, Hillary Clinton, to please free Janet Marcusse from her wrongful incarceration, and to stop judicial misconduct, and to prosecute Judge Robert Holmes Bell and all the parties named above in their obstruction of justice. It is not only a responsibility of the United States of America to lead by example, but it is our dignity as a strong leadership country. We, the United States of America, have a responsibility that all our people should have equal rights and freedoms as stated by our Constitution.
Janet Marcusse’s freedom was stolen from her. Her father passed away while she was wrongly incarcerated. Janet Marcusse’s chance to have a family and children were taken from her. The love of her life who stood by her for ten long years, finally made the painful decision to move on with his life because he saw how crooked and corrupt the government was against her. Janet Marcusse is 58 years old. She will be 74 years old by the time that her wrongful incarceration is up. These are things that Janet Marcusse will not have and will never be able to get back due to the injustice of the people who put her behind bars.
I plead for her freedom. If we, the people of the United States, a free country whose laws are meant to keep us safe, allows judicial murder by wrongful convictions, then how do we even begin to help others in similar situations around the world? How do we claim support of human rights and equality with innocent people like Janet Marcusse behind bars? We cannot become a hypocrite nation who only cares for others and not our own. Janet Marcusse is a law abiding citizen who never once, in her 50 years of life, has gotten a speeding ticket and is now wrongfully convicted of a crime she didn’t do, that was based on the losses of others. Please bring the meaning of freedom back to our country and free Janet Marcusse from her wrongful conviction.
1 – NBCNews: http://www.nbcnews.com/id/9856201/ns/us_news-crime_and_courts/t/screaming-con-artist-gets-years-prison/#.VUt9D5MYHd4
2 – Evidence From DOJ Proves IRS Lied About $9 Million: http://ipiw.com/Supp_APDX_Call_of_Mandate_Trans.pdf
3 – Judge Robert Holmes Bell Hides Janet Marcusse’s Brief, Violating Order: http://ipiw.com/R_33_34.pdf
4 – US Marshals Abuse Complaint: http://ipiw.com/marshalls_complaint.pdf
5 – US Courts Code of Conduct for United States Judges Page: http://www.uscourts.gov/RulesAndPolicies/CodesOfConduct.aspx
6 – US Courts Code of Conduct for United States Judges Canon 1 and Canon 2: http://www.uscourts.gov/RulesAndPolicies/CodesOfConduct/CodeConductUnitedStatesJudges.aspx
7 – United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: http://www.hrweb.org/legal/cat.html
8 – Member States of the United Nations: http://www.un.org/en/members/
9 – US Marshals Abuse Complaint: http://ipiw.com/marshalls_complaint.pdf
10 – Branson MLC Investments: http://ipiw.com/_investments/mlc_branson/bran_invest.html
11 – Evidence Pack submitted by Janet Marcusse, Pro Se: http://ipiw.com/_usdc_docs/usdc_165_docs/415_1_5.pdf
12 – SSBT Investments: http://ipiw.com/_investments/ssbt/ssbt_invest.html
13 – Forrester Witness Request and Court Denial: http://ipiw.com/_investments/ssbt/forrester/D_392_Forrester_witness_reg_2pg.pdf
14 – FBI Endorsement of SSBT as a Safe Bank: http://ipiw.com/_investments/ssbt/forrester/D_392_2_Forrester_safe_bank_5p.pdf
15 – SSBT License Revocation: http://ipiw.com/_investments/ssbt/ssbt_liquid/D_392_2_license_revoc_4p_web.pdf
16 – SSBT Liquidation Report Excerpt: http://ipiw.com/_investments/ssbt/ssbt_liquid/D_422_4_liquid_4p.pdf
17 – $10 million CD with Broker Dealer: http://ipiw.com/_investments/ssbt/ssbt_liquid/D_422_2_10_million_CD_1p.pdf
18 – Schipper Brings Plenty of Court Experience to County Bench: http://hastingsbanner.com/schipper-brings-plenty-of-court-experience-to-county-bench-p2757-87.htm
19 – JF-Investigations: http://www.jf-investigations.com/jerryforrester.htm
20 – Gerard M. Forrester retired FBI badge: http://www.jf-investigations.com/images/badge2.jpg
21 – 108th Congress Committee Report 1 of 50 – House Report 108-414 – Part 1 – EVERYTHING SECRET DEGENERATES: THE FBI’S USE OF MURDERERS AS INFORMANTS: http://thomas.loc.gov/cgi-bin/cpquery/?&sid=cp108TVz23&r_n=hr414v1.108&hd_count=50&item=1&&sel=TOC_967676&
22 – Jerry Forrester’s LinkedIn Profile: https://www.linkedin.com/pub/jerry-forrester/5/627/5b0
23 – LinkedIn Profile of Douglas S. Shipley, MSeD, former Acting Assistant Special Agent of the FBI: https://www.linkedin.com/pub/douglas-s-shipley-msed/13/bab/2b8
24 – Ronald Harrison, former Scotland Yard: https://uk.linkedin.com/in/ronaldkharrison
25 – Anthony Velazquez, current Special Agent of the FBI in Miami: https://www.linkedin.com/pub/anthony-velazquez/3/287/28a
26 – Harvey Perkins, a Casino man: https://www.linkedin.com/pub/harvey-perkins/4/178/217
27 – Ex-FBI Agent: I ‘kidnapped’ Bahamian Back to Nassau: http://articles.sun-sentinel.com/2011-03-30/news/mh-fbi-agent-kidnapper-20110330_1_fbi-agent-bahamian-police-officer-private-investigator
28 – Ex-FBI Agent says he ‘kidnapped’, Deported Bahamian Fugitives: http://www.mcclatchydc.com/2011/03/31/111311/ex-fbi-agent-says-he-kidnapped.html
29 – Did Ex-FBI Agent Kidnap Bahamians?: http://www.mainjustice.com/2011/03/31/did-ex-fbi-agent-kidnap-bahamians/
30 – The CBC’s Hired Liar: Investigator recruited to dig dirt on Nygard loved to brag about his dubious exploits: http://www.torontosun.com/news/winnipeg/2011/04/04/17864186.html
31 – New Admission FBI Endorsed Bank Where Investors’ Funds Were Lost: http://ipiw.com/tax_order.pdf
32 – Jan Wins in Tax Court-$936,626 Reduced to Zero: http://ipiw.com/tax_court.pdf
33 – Court Alleging that Janet Marcusse engaged in Prostitution: https://janetmarcusse.files.wordpress.com/2015/05/allegingprostitution.jpg
34 – A Fabricated Drug Trafficking Warrant on co-Defendant George Besser: https://janetmarcusse.files.wordpress.com/2015/05/bogusarrestwarrantagainstbesser.jpg
35 – Fabricating Bogus Ties to the Mob in Order to Search the House of Attorney Gurmail Sidhu: https://janetmarcusse.files.wordpress.com/2015/05/bogusraidonsidhu.jpg
36 – Alleged Assassination Plots on the Judges by Janet Marcusse: https://janetmarcusse.files.wordpress.com/2015/05/fakejudgedeathplot001.jpg and https://janetmarcusse.files.wordpress.com/2015/05/fakejudgedeathplot002.jpg and https://janetmarcusse.files.wordpress.com/2015/05/fakejudgedeathplot002a.jpg
37 – Government Invents Criminal History: http://ipiw.com/gov-invents.pdf
38 – PreSentence Investigative Report Showing Janet Marcusse has NO Criminal History: https://janetmarcusse.files.wordpress.com/2015/05/nocriminalrecord.jpg
39 – The Government Intimidating Witnesses: https://janetmarcusse.files.wordpress.com/2015/05/intimidatingwitnesses0011.jpg
40 – Taking Pictures of Witnesses as Another Form of Intimidation: https://janetmarcusse.files.wordpress.com/2015/05/chrisaffidavitonjansinjuries.jpg
41 – Judge Robert Holmes Bell Telling Exactly Why He Keeps Pictures of People in the Grand Rapids Press article: https://janetmarcusse.files.wordpress.com/2015/05/intimidatingwitnesses0021.jpg and https://janetmarcusse.files.wordpress.com/2015/05/intimidatingwitnesses002a1.jpg