LITTLE CAESARS PIZZA COMMERCIALS ABOUT MORE CHEESE / PEPPERONI THAN COMPETITORS NOT BACKED UP

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December 6, 2017

Prescott Lovern, Sr. (Lovern) challenged Little Caesars (LC) and their NY outside law firm, Davis & Gilbert, to furnish proof of the claims in LC’s TV Ads that LC’s 1 topping pepperoni pizza has more cheese and pepperoni than LC’s competitors. [Found in fine print in TV Ad].

Lovern discovered that claim to be highly questionable after purchasing LC’s advertised pizza so he demanded LC, and/or their lawyers, to produce the evidence to back-up the advertising. LC Customer Relations had no knowledge of the claims and no proof. LC lawyers produced NOTHING! LC continues to run TV advertising that makes the claim known as “EXTRAMOSTBESTEST.”

Stay tuned.

 

PRESCOTT LOVERN, SR. PLANNING FEDERAL LAWSUITS AGAINST INDIVIDUALS ASSOCIATED WITH THE CALIFORNIA STATE BAR / CALIFORNIA COURTS

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UPDATE: December 11, 2017

California (CA) Courts & CA Judicial Council protecting personnel involved in the violations of the Federal False Claims Act (FCA) [CA Courts have been receiving federal funds the Courts not entitled to] by using the CA Highway Patrol to run interference for the illegal acts that include federal felonies. Prescott Lovern, Sr. authorized by the FCA to recover the money. [One of three civil lawsuits].

December 1, 2017

Prescott Lovern, Sr. is planning multiple federal lawsuits against individuals associated with the California (CA) State Bar and certain state employees, possibly some state court judges [individual capacity] who have no immunity regarding violations of U.S. Constitutional rights.

This matter all starts with CA’s decision to be the only state in the country who does not require [ABA Rule 8.3] CA lawyers to report attorney misconduct. That might work in state legal matters, BUT, on the federal level this aiding & abetting can trigger federal violations, including federal criminal statutes.

We all know CA dances to a different beat, and that is OK in CA, as long as it does not infringe or violate U.S. Constitutional rights / law on a intra-state / inter-state level. It’s time for CA to understand they don’t have the right to ignore the U.S. Constitution. The 14th Amendment applies to CA and its State Bar.

Stay tuned.

 

GOVERNOR RICK SCOTT and FLORIDA PUBLIC SERVICE COMMISSION (PSC) INSPECTOR GENERAL, STEVEN J. STOLTING, COMPLICIT IN PSC CORRUPTION THAT VIOLATES THE U.S. CONSTITUTIONAL RIGHTS OF MILLIONS OF FLORIDIANS, CONNECTED TO FLORIDA POWER & LIGHT (FPL) / NEXTERA ENERGY

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OCTOBER 21, 2017

PRESCOTT LOVERN, SR. (Lovern)  – PRESCOTT LOVERN, SR. LEGAL NEWS

As reported in a recent, accurate report by Integrity Florida, the watchdog over Florida electricity rates, and, the Herald/Times Tallahassee Bureau Oct 2, 2017 by Mary Ellen Klas, Integrity Florida  analyzed dozens of decisions made by the Florida PSC in recent years and concluded that there is an “inordinate focus on what additional money a [utility] company wants, at the expense of attention to what the public interest needs.”

“The report details what it calls ‘egregious voting and unfair rate-making,’ a selection process that allows the utility industry to heavily influence legislators and the governor – who appoint the regulators – through campaign cash and lobbyists, and a revolving door between the Florida Legislature, the PSC and the utility industry.” A pattern of conduct.

“Make no mistake, what we’re talking about today is corruption. It’s legal corruption,” said Ben Wilcox, director of Integrity Florida at a news conference Monday. “It’s institutional corruption but it’s corruption nonetheless.”

It’s Lovern’s position that it is ILLEGAL CORRUPTION, starting with, but not limited to, 18 U.S.C. § 242. [federal felony].

The most egregious constitutional violations are connected to the Woodford Gas Reserve Project (hereinafter “Gas Project”) between FPL [owned by NextEra Energy] & PetroQuest Energy, Inc., approved by the PSC in 2014, overturned by the Florida Supreme Court (FSC) in 2016. The PSC nullified the FSC and their Order to refund $24,532,560 when [post FSC Order] it “unanimously approved a $400 million Florida Power & Light rate hike for 2017, as well as a $411 million increase over the next three years despite arguments from opponents that the decision boosts company profits at a cost to consumers and allows FPL to fund natural gas expansions that it has failed to justify as the most necessary or cost-efficient option.” Integrity Florida. In reality the alleged refund ordered by the FSC is a mirage. The current PSC Commissioners thumbed their noses at the FSC and FPL customers. PSC Commissioners think they are above the law. That will change.

GOVERNOR SCOTT (Scott) had an obligation [duty] to remove from office PSC Commissioners EDUARDO BALBIS, LISA EDGAR, ART GRAHAM, JULIE BROWN and RONALD BRISE for their malicious, intentional, illegal, actions [FL Statutes, Title XXVII, Chap. 350 – s. 350.03, s. 350.041(g) & (h) (Commissioners; standards of conduct), s. 350.043 (Enforcement & Interpretation) & ss. 112.317 (Penalties)] in the Gas Project, as they were told by the Office of People’s Counsel and their own staff that approving the Gas Project was illegal, confirmed by the FSC in a unmistakable rebuke. PSC Commissioners take an oath of office – “I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida.”

Like Scott, PSC Inspector General, STEVEN J. STOLTING (Stolting) has conspired with PSC Commissioners and FPL et al, for failing to do his duty under Florida Law in connection to the Gas Project and recent unwarranted FPL rate hikes. ss. 20.055, which states – “Conduct, supervise, or coordinate other activities carried out or financed by that state agency for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its [PSC] programs and operations. Lovern spoke with Stolting who stated that no PSC Commissioner had done anything wrong. Stolting nullified ss. 350.041(g) & (h), which state – “(g) A commissioner may not conduct himself or herself in an unprofessional manner at any time during the performance of his or her official duties; (h) A commissioner must avoid impropriety in all of his or her activities and must act at all times in a manner that promotes public confidence in the integrity and impartiality of the commission.”

The former & current PSC Commissioners, FPL, NextEra, Scott & Stolting are in for a surprise because the U.S. Supreme Court (SCOTUS) (citation omitted) invigorated section 42 U.S.C. § 1983 when it held that the existence of a state law remedy [Administrative] did not preclude a federal claim. [The PSC losses control]. A federal remedy is supplementary to the state remedy, and the latter need not be first sought and refused before the federal one is invoked. The Court clarified the meaning of “under color of state law,” which it construed in an earlier decision as [m]isuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of’ state law.

Where there is a deliberate failure to act, state inaction is unconstitutional when there exists a duty to act under equal protection (citation omitted). The question of liability as to Scott and Stolting comes down to whether a plaintiff can show a property entitlement arising from his reliance on a promise by the state. When the state, by its inaction has broken its own promise, it may not escape liability by invoking an artificial distinction between action and inaction.

FPL’s continuation of its criminal enterprise [RICO – unwarranted rate hikes] with the aid of the PSC, Scott & Stolting, ignored by Scott’s general counsel, Daniel Nordby, is likely headed to federal court where Lovern and his co-counsels will take back Florida and give it back to the taxpayers, breaking FPL’s stranglehold on about 5 million Floridians. As Mary Ellen Klas stated, “The watchdog over electricity rates for most Floridians has been captured by the utility industry and the result is costing consumers.”

The PSC’s arrogance, political greed, and stupidity, indicates they will not do the right thing, allowing FPL’s political contributions to lead PSC Commissioners around like they have a ring in their nose; and, making litigation unavoidable. It’s time PSC corruption comes to an end. All of NextEra’s billions will not be able to put FPL back together again. NextEra investors / shareholders, be aware. NextEra is facing hundreds of billions of dollars in legitimate federal liability.

Scott, Stolting, the PSC, FPL / NextEra, and their approximate 38 lobbyists, better wake-up and smell the coffee because federal lawsuits are coming, and hopefully federal criminal prosecution. [U.S. Dept. of Justice – Office of Civil Rights]. No state official involved has immunity, civil or criminal. [SCOTUS precedents].

FYI – State officials will not be using taxpayer money for personal legal expenses, as they have in the past. Pam Bondi, Florida Attorney General, is MIA. Lovern will be taking additional, appropriate actions against lawyers involved.

Stay tuned.

 

 

YANKEE CANDLE – CONSUMER ALERT, FAKE YANKEE CANDLES BEING SOLD IN THE U.S., INCLUDING AMAZON

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 UPDATE: December 12, 2017

Yankee Candle has been caught selling different candles in USA market under the same name, different fragrances, different quality, same name.

UPDATE:  11/29/17

The so-called Newell Brand, Yankee Candle investigation turned out to be a complete joke. Their lawyer, after three weeks, told Prescott Lovern, Sr. (Lovern) the alleged Soft Blanket Yankee Candle sent to them by Lovern, that it was real. IMPOSSIBLE! It doesn’t even smell like Soft Blanket, and it has a warning label on the back of the candle. Internally, they have circled the wagons. They also said they have no evidence of Fake Yankee Candles being sold even though Lovern sent them evidence of such. ”Posted on  by Hull Echo - “A Liverpool man was prosecuted for selling fake Yankee Candles at Walton Street Market. Darren Briercliffe pleaded guilty to the possession of over 8,000 counterfeit Yankee Candle products. Mr. Briercliffe was sentenced to eight weeks imprisonment suspended for 12 months, together with an order for 100 hours unpaid work and costs of £1800.”

Lovern recommends that you NOT buy any Yankee Candles except in a Yankee Candle Store. There is something funny going on at Yankee Candle, perhaps Newell’s desire to penetrate Big Box Stores like Walmart.

UPDATE: 10/23/17

Newell Brands, Jarden & Yankee Candle lawyers now on the case investigating fake Yankee Candles. Lovern is cooperating with Yankee Candle to protect its Brand.

OCTOBER 21, 2017

 PRESCOTT LOVERN, SR. (Lovern)  – PRESCOTT LOVERN, SR. LEGAL NEWS

Prescott Lovern, Sr. recently purchased Yankee Candles on Amazon only to discover that they are fake. He reached out to Newell Brands [they own Yankee Candle] general counsel, Bradford Turner (Turner) for a second time, who never responded. He then contacted Yankee Candle CEO, Hope Margala, who also ignored Lovern. Turner had been warned by Lovern previously but Turner ignored Lovern both times.

Fake Yankee Candles were seized in the U.K. in 2016, and, this past summer 8000 fake Yankee Candles were also confiscated in the U.K.

For some reason Yankee Candle executives don’t seem to care that Yankee Candles are being ripped off by illegal fakes, therefore, consumers be aware. Amazon could care less. They have Yankee Candle fakes in stock and are shipping them. Who knows how many fakes have penetrated the market in the U.S.

Amazon has a history of selling fake products. Lovern keeps an inventory of fake products from Amazon.

HOUSE & SENATE APPROPRIATIONS COMMITTEES COVERING UP SERIOUS VIOLATIONS OF FEDERAL FALSE CLAIMS ACT

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SEPTEMBER 21, 2017

PRESCOTT LOVERN, SR. LEGAL NEWS – Prescott Lovern, Sr. (Lovern)

The House & Senate Appropriations Committees are covering-up serious violations of the Federal False Claims Act (FCA) that involves $ Billions of taxpayer dollars handed out that the recipient was not entitled to.

Lovern reached out to Rep. Tom Graves & Senator Capito whose sub-committees are directly involved but they ignored it. Apparently Billions of taxpayer dollars obtained illegally is not a big deal.

Staffers are refusing to take calls. Speaker Ryan & Mitch McConnell are MIA. What members of Congress don’t seem to understand is that they are NOT immune under the FCA and its conspiracy statute. Lovern has the legal authority to file the lawsuit to recover the money. [DOJ was put on written Notice weeks ago].

CONGRESS IS OUT OF CONTROL. PERHAPS IT’S TIME TO SUE SOME MEMBERS, THEN MAYBE THEY WILL STOP TRYING TO OVERTHROW THE PRESIDENT.

Stay tuned.

 


 

PRESCOTT LOVERN, SR. ET AL v. MASTERCARD, INC. ET AL – TRILLIONS of DOLLARS IN LIABILITY

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UPDATE: October 3, 2017

New U.S. Treasury General Counsel, Brent McIntosh, ignoring this serious legal matter. Is it because his former law firm, Sullivan & Cromwell, represents many of the defendants listed below? How can McIntosh do his job with so many conflicts of interest? Is this why Treasury Secretary, Steven Mnuchin, is also ignoring this massive theft of money from U.S. Citizens?

SEPTEMBER 20, 2017

PRESCOTT LOVERN, SR. LEGAL NEWS – Prescott Lovern, Sr. (Lovern)

[Plaintiff lawyers interested in a case bigger than "BIG TOBACCO," contact Lovern at 941-870-8072. This case can support a 1000 lawyers. (This case has not been filed yet) [Plaintiff lawyer slots filling up fast].

This is the case I have been referencing in previous press releases. It’s on behalf of MasterCard & VISA credit card Cardholders, never before litigated. I will have to piece mill the pleading due to its size. No defendant walked away from the Conspiracy, or, reported it to authorities. This case is also connected to the previous press release about Senator Crapo. The Obama Administration covered this up for 8 years.

UNITED STATES DISTRICT COURT

DISTRICT OF COLUMBIA

PRESCOTT LOVERN, SR. et al - [et al are plaintiff litigation lawyers]

Named Plaintiff – Class RICO Civil Conspiracy

And, As Private Attorney General

on behalf of himself and the General Public

 Plaintiffs,

v.

MASTERCARD INCORPORATED et al. – [Defendant list has changed, mitigation ends 10/12/17, close of business]

Defendants.

COMPLAINT

(Civil RICO Conspiracy Class Claims with jury demand; and,

Action Pursuant to the District of Columbia Consumer Protection Procedures

Act for Damages with jury demand)

INTRODUCTION

1.         This case is about the largest criminal enterprise in the history of the United States. The Interchange Fee (IF) conspiracy (“IF Conspiracy,” or “Conspiracy”). It’s impossible to name all the participants. The named defendants is a cross section of society to show just how greedy Corporate America has become, and, just how corrupt government is to allow Corporate America to illegally transfer wealth [Trillion of dollars] from the American people to their corporate / personal pockets…     PRESCOTT LOVERN, SR. (Plaintiff) who is acting as named plaintiff in civil RICO class action; and, Private Attorney General (PAG) on behalf of himself and the general public, respectfully brings this right of action before the Court pursuant to 18 U.S.C. §1961 et seq. (RICO); and, the DoC of Columbia Consumer Protection Procedures Act (“DCCPPA”), D.C. CODE ANN. § 28-3901 et seq. 1

 

 

WELLS FARGO “FAKE ACCOUNTS” & MORE. NO ONE TALKING ABOUT THE FEDERAL FELONIES COMMITTED

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SEPTEMBER 1, 2017 – [Updated 09/07/17] – [Updated 09/12/17 in red]

PRESCOTT LOVERN, SR. LEGAL NEWS – Prescott Lovern, Sr. (Lovern)

“Wells Fargo (WF) has uncovered up to 1.4 million [roughly 3.5 million total] more fake accounts after digging deeper into the bank’s broken sales culture.”

What NO ONE is talking about are the millions of federal felonies committed by Wells Fargo employees, sanctioned by certain senior management, and, covered-up by the Directors / Executives / Lawyers. The law firms of Shearman & Sterling (S&S) and McGuire Woods (MWs) have been working on the the fake accounts issue along with Morrison Foerster (MF) and PricewaterhouseCoopers LLP (PWC) but they never brought up all the federal felonies.

42 U.S.C. Sec. 408(a)(8) (hereinafter “408(a)(8)”) states – “Whoever discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.”

Every time a “fake account” was opened a person’s social security number (SSN) was used and disclosed.

Most people think 408(a)(8) only applies to the Social Security Act. Wrong. It applies to any violation of federal law that involves a SSN. Its purpose is to protect against the misuse of social security numbers.

From the U.S. Court of Appeals:

“The 1981 amendment clearly shows that the statute is not limited to the social security context.”

“Congress has therefore explained that the words “for any other purpose” mean precisely what they say.”

“In 1976, however, the reach of the penalty became substantially broader; the statute was amended to include not only those who sought unauthorized or excessive federal benefits, but also those who misused social security numbers “for any other purpose.” Tax Reform Act of 1976, Pub.L. No. 94-455, sec. 1211, 90 Stat. 1520, 1711 (1976).”

One of WF’s defense law firms, Morrison Foerster [MF], helped WF cover up SSN criminal violations associated with “fake accounts” and VISA credit card applications. Other law firms are being investigated. Not only is WF et al covering up violations of 408(a)(8) in relation to “fake accounts,” they are covering-up millions more violations connected to VISA Credit Card Applications going back years whereby WF did not provide federal statutory required disclosure when compelling & using SSNs associated with VISA credit card applications. The OCC, Wells Fargo’s regulator, has been covering this up since the beginning of the Obama Administration. If the OCC had done its job Wells Fargo might not be facing bankruptcy.

The American Bankers Association (ABNKA) [now hiding] was given evidence of the MasterCard / Visa Application SSN violations [42 U.S.C. § 408(a)(8), 18 U.S.C. §§ 3 & 371 + federal disclosure laws] years ago, and they elected to cover-up as to their member banks who issue MasterCard / VISA credit cards. The ABNKA, Wells Fargo, MF, S&S, PWC, MWs, certain MC / Visa credit card issuing banks, regulators, bank executives and lawyers, certain affinity card issuing bank partners [Walmart & Amazon included], certain Foreign Central Banks, certain foreign banks including Banco Santander S.A. / Santander N.A., Mastercard, Inc. & Visa, Inc. will be named in upcoming litigation that involves trillions of dollars in liability. It was necessary to wait for an honest Federal Administration to bring these civil cases forward as the Obama Administration covered all this up. The National Banking Regulators have set-up every National Bank who issues MasterCard and/or VISA credit cards for bankruptcy. Like most crimes, it’s the cover-up that brings down companies and people.

FROM WELLS FARGO 2016 10K – “If Wells Fargo were to fail, it may be resolved in a bankruptcy proceeding or, if certain conditions are met, under the resolution regime created by the Dodd-Frank Act known as the ‘orderly liquidation authority.’ ”

It’s time greedy banks, their Regulators, Directors, Executives, Lawyers & Associations are held to the same standard as the average American.

Wake-up Congress & Federal Prosecutors.

Stay tuned.

 

 

 

PRESCOTT LOVERN, SR. CATCHES CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) ET AL INTENTIONALLY DAMAGING CONSUMERS

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APRIL 21, 2017

PRESCOTT LOVERN, SR. CATCHES CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OFFICE OF THE COMPTROLLER OF THE CURRENCY (OCC), FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC), FEDERAL RESERVE BOARD (FRB), AND FEDERAL TRADE COMMISSION (FTC) (CFPB, OCC, FDIC, FRB & FTC collectively “Banking Regulators”), SCAMMING CONSUMERS AGAIN TO PROTECT BANKS, INJURING CONSUMERS. ONCE AGAIN, UNDER TRUTH-IN-LENDING (TILA), ILLEGALLY AMENDING THE CREDIT CARD ACCOUNTABILITY RESPONSIBILITY AND DISCLOSURE ACT OF 2009 (Credit Card Act), CIRCUMVENTING CONGRESS AND THE FEDERAL STATUTE DESIGNED TO MAKE CREDIT CARD AGREEMENTS READILY AVAILABLE AND TRANSPARENT.

SEC. 204. [15 U.S. Code § 1632(d)(1)] of the Credit Card Act – INTERNET POSTING OF CREDIT CARD AGREEMENTS:

(a) IN GENERAL. — Section 122 of the Truth and Lending Act (15 U.S.C. 1632) is amended by adding at the end the following new subsection:

‘‘(d) ADDITIONAL ELECTRONIC DISCLOSURES. —

‘‘(1) POSTING AGREEMENTS. — Each creditor shall establish and maintain an Internet site on which the creditor shall post the written agreement between the creditor and the consumer for each credit card account under an open-end consumer credit plan” [underline added]. This does not mean a sample contract, but the actual card agreement between the issuer and the cardholder. The key words being “each credit card account”.

15 U.S. Code § 1632(d)(5) says “The Board, in consultation with the other Federal banking agencies [Definition - 12 U.S. Code § 1813(q)] and the Federal Trade Commission, may promulgate regulations to implement this subsection, including specifying the format for posting the agreements on the Internet sites of creditors and establishing exceptions to paragraphs (1) and (2), in any case in which the administrative burden outweighs the benefit of increased transparency, such as where a credit card plan has a de minimis number of consumer account holders.” [underline added for emphasis].

The Banking Regulators, ultra vires [without legal authority], illegally changed the legislative intent of (d)(1) by passing a Regulation in 12 CFR that allows credit card issuers to only post online sample credit card agreements that do not tell the cardholder the terms, fees and conditions of the cardholder’s actual card agreement (Agreement), as Congress intended. There is nothing burdensome for the issuer to have a website that has “each” of its Cardholder’s Agreements available online, as the issuers already have “each” Agreement in electronic form.

When the cardholder has to request their Agreement the issuer [e.g. Discover & Wells Fargo] has 30 days to mail it and this is a huge problem for these reasons. This allows the issuer to change, or make the terms, fees and conditions, anything they want, circumventing 15 U.S.C. § 1637(i)(4) and Regulation Z, which means the cardholder gets no Notice for any changes because it appears the mailed Agreement is the original Agreement [not subject to the 45 day Notice], and those unknown changes can support illegal fees & charges existing on the card. Companies like Wells Fargo & Discover who have a history of stealing money from their customers can use this lack of transparency scheme (Online Posting Scam) to rob their customers without fear of being caught, or so they thought.

Credit Card Act regulations require Card issuers to send the appropriate Bank Regulators the sample card agreement, which compromises the intent of transparency under the Credit Card Act. This is a premeditated scheme similar to bait & switch that thrives on the issuer’s ability to change the Agreement at any time. The cardholder is subject to theft any time, on any given day. 

Consistent with the language of 15 U.S.C. § 1637(i)(4) and Regulation Z, the legislative history of the  Credit Card Act makes clear that the purpose of the 45-day notice requirement is to provide the cardholder the opportunity to cancel his or her account before the significant change is to take effect. Indeed, a May 4, 2009 report from the Senate Committee on Banking, Housing, and Urban Affairs specified that a purpose of the Act was to “require[] issuers to provide 45 days advance notice of interest rate increases, and grant[] cardholders the right to cancel the card and pay it off under the old terms.” S. Rep. 111-16, at 7 (2009). Issuers can change the interest rate at any time using cardholder’s credit as justification. 

The Online Posting Scam is anything but increased transparency for the cardholder, as Congress intended in the Credit Card Act, and, the Regulation in question violates 15 U.S. Code § 1632(d)(1) regarding posting online, and its legislative intent.

Certain credit card issuers and Banking Regulators are complicit in, but not limited to, “cramming,” grand larceny, federal felonies, violations of TILA, RICO, etc. This not the first time Richard Cordray [CFPB] has been caught illegally re-writing a federal statute.

Millions of Consumers are being financially raped.

Stay tuned.

Prescott Lovern, Sr. Catches U.S. Department of Education Intentionally Violating the Constitutional / Federally Protected Rights of U.S. Citizens In Conjunction with Pell Grants; Universities & Colleges Complicit

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APRIL 11, 2017

Prescott Lovern, Sr. says the U.S. Department of Education (DOEd), Universities & Colleges who issue Pell Grants, have been caught lying to high school graduate Non-Dependent Students who want to, and/or have applied for Pell Grants, in violation of non-ambiguous federal statutes.

In addition, the guilty parties have been extorting financial information of parents & guardians who do not provide half of the non-dependent student’s support.

Secretary DeVos was informed of this by Lovern, given an opportunity to stop the illegal conduct, but she refused.

Lovern says it could be a mountain of federal felonies under 18 U.S. CODE § 242.

Stay tuned.