Trying to climb out of his hole.

This one is really bizarre

On this blog CREDITWRENCH CEO Bill Bauer has unwittingly admitted to a violation of the Racketeer Influenced and Corrupt Organizations Act, better known as RICO. Because, as has been previously pointed out in this blog, CREDITWRENCH CEO knows nothing about RICO, he was most likely unaware of this flagrant violation. However, his ignorance of the law doesn't lessen his liabililty under Federal Law.
On his blog, CREDITWRENCH CEO Bill Bauer states:

The Wrench now has the ability to file reports.....(with) all 3 major credit bureaus. What this means is that by working with a major national collection agency who is interested in helping to clean up their industry our students will now (as always) be keeping track of the FDCPA and FCRA violations of the collection agencies who contact them in the process of collecting debts and will be reporting the violations to me and the contacting agency will be charged $1,000 per violation.

So now I have violated Rico! Well, let's see about that. Before a Rico or any other such criminal activity as he claims now having been proven can be charged there are a lot of hoops to jump through, not the least of which is that there must be at least 2 or more acts of criminal activity so as to establish a pattern of racketeering. A RICO claim cannot exist in the absence of criminal activity. The simplest way to put this concept is: no crime - no RICO violation. This rule applies even in the context of civil RICO claims. Every RICO claim must be based upon a violation of one of the crimes listed in 18 U.S.C. § 1961(1). The RICO Act refers to such criminal activity as racketeering activity. RICO claims cannot be based upon breach of contract, broken promises, negligence, defective product design, failed business transactions, or any number of other factual scenarios that may give rise to other claims under the common law.

He continues with his assinine statements in the following

There was no obligation incurred by the collection agencies in the above scenario. CREDITWRENCH has no legal standing to collect $1,000 per violation in the above scenario, and neither do any of his unfortunate students.

OK. So now the claims he previously made about how anyone could get $1,000 simply by filing a lawsuit are false and untrue? If we listen to his sudden change of tune now we would be led to believe that a debt collector found culpable under FDCPA is not liable for anything after all??? We know better than that. It isn't a matter of whether or not they can be sued nor is it a matter of their quite possibly being liable to the consumer for up to $1,000 per lawsuit and that the judgment could not be turned over to a collection agency to get the collection accomplished. Outstanding, Normie, simply outstanding!!! Let's see what else he claims.

However, he continues to try to sell people on his credit repair scam using exactly the tactics he describes above. The collection agency he mentions as wanting to "clean up their industry", and his "students" are accomplice's in creating these false debts and are as equally as guilty of RICO violations as is he.

Only a court of law can award statutory damages. CREDITWRENCH CEO Bill Bauer's advertisement that he is attempting to collect invalid and illegal debt is a clear RICO violation. And, is nothing more than a false and misleading attempt to lure unsuspecting consumers into his credit repair scam.

Now why would Uncle Normie be interested in what might be said on a collection industry blog no matter who runs it? If he were truly on the side of the consumer/debtor as he claims he is on artofcredit, pcmholdings and other places he would not be screaming bloody murder about what is posted on a blog intended to bring
out the vicious and underhanded tricks used by debt collectors and reveal what they think of those from whom they collect.

Dear old Uncle Normie has once again shown his ignorance about the law and makes claims that he cannot prove, makes false and misleading statements about Rico and what actions are covered under Rico and makes false assumptions about what the purpose of the blog he quotes is.

He won't quite merit another golden jackass award for this one but he certainly is trying hard. All this amounts to is sheer ignorance of Rico while claiming that I know nothing about it. It also illustrates quite vividly that he doesn't read the law or know the law but rather just quotes what someone else has said that the law says.

No good Normie. Won't get you another golden jackass award. You gotta try harder than that.


Attorney Steven Wickman who is a regular poster on my message board laughingly points out how he and his wife, soon to be an attorney, joke about Rico.

"My wife (who takes the Cal. bar in two weeks) have a standing joke about RICO. It's really an insider, but we essentially spout RICO whenever we hit a brick wall and can't think of anything else to allege in a lawsuit."

Steven Wickman is not only an attorney but a professor of law at a California Law School. My message board also has several other famous attorneys from around the country who are regular contributors.