JOHN & RHETTA SWEENEY
24 Meyer Lane
Hamilton, MA 01982
508-468-1536
508-468-4428 (fax)
E-MAIL jsweeney@star.net
INTERNET http://www.qui-tam.com/
By Fax:
617-223-4127
and U. S. Mail
December 12, 1997
Judge A. David Mazzone
U. S. Post Office and Court House
90 Devonshire Street
Boston, MA 02109
Re: Mediation
Dear Judge Mazzone:
In response to your letter of December 2, 1997 we thank you for your continuing efforts in the still unresolved mediation with the FDIC.
We are somewhat confused regarding the FDIC's written response to our mediation summary. The material we received from FDIC's Chairman Hove in November indicates that their lawyer Joseph Shea hand delivered a written response to you on September 18, 1997. We cannot understand why – if you had received it – it was never mentioned at the meeting between you and members of our mediation team at the meeting with you on October 15, 1997, or why Attorney Shea has never provided a copy to our attorney.
I am therefore sending you a copy of the material received from Chairman Hove today in order to prevent any further misunderstanding. Our lawyer, Linda Thompson is working on a written response which will clarify the many misrepresentations by Joseph Shea with respect to facts; state and federal rules; and state and federal laws. We will provide you and the FDIC with our written response at the earliest possible time.
In order to assist you in your mediation efforts we have requested support from the following authorities: Massachusetts Senate; U. S. Congress; and the FDIC Board of Directors.
As you know from Senator Tarr's letter to you on December 9, 1997, we have also referred this matter to the District Attorney of Essex County for criminal prosecution.
We have also submitted multiple memos to U. S. Senate and U. S. House committees who have jurisdiction over the many unresolved disputed issues of federal rules and federal statutes, requesting that further Congressional hearings be scheduled. There appears to be confusion between the FDIC and the U. S. Congress in many areas with respect to applicability to federal rules and federal statutes. Further hearings may be necessary. As you know I have participated in hearings before both the U. S. Senate and the U. S. House and the law makers at that time indicated the FDIC's misapplication of the D'Oench doctrine and members of Congress specifically requested that the FDIC/RTC correct the error in their handling of our case. Again, this can only assist your mediation efforts.
Furthermore, we have been informed that the Massachusetts Senate will make inquiries into the unresolved disputed issues where Massachusetts Rules of Civil Procedure and State statutes apply.
Of primary importance, we request that you support Bishop Dyer's and Senator Tarr's request and schedule a meeting with the FDIC's Board of Directors in Washington, DC at the earliest possible time.
We know, as you stated, you must report back to the Court of Appeals. We ask you to please notify the court that you have now become personally aware -- from the mediation materials presented to date -- of extremely serious unresolved questions, injustices, and violations of law, all vital issues to the ongoing mediation.
Let us reiterate that we are anxious to work together and hopefully we will find a successful conclusion to this mediation process.
cc: Senator Bruce E. Tarr
Bishop Mark Dyer
U. S. Marshal McGillivray