Riddhi Desai misconduct - update January 28, 2008

[New update: February 24, 2008 (see bottom of page)]

1***3 S***y S***s L**e

S***r L**d, T***s  7***8-1**8

January 20, 2008

 State Bar of Texas

Office of the Chief Disciplinary Counsel

600 Jefferson, Suite 1000

Houston, Texas  77002

 

Re: Riddhi Desai, Texas State Bar No. 05656775

 To whom it may concern:

 Riddhi Desai was Yi Jian’s counsel in cause number 06-CV-152649 before Judge Van Culp sitting in the 328th District Court in Fort Bend County. This matter was finalized on December 3, 2007.

On Friday, January 11, 2008, the following e-mail appeared in my personal Hotmail inbox:

This e-mail is an automated response to another e-mail fabricated and sent by Riddhi Desai using my personal information obtained during the divorce proceeding. She impersonated me, using entering my e-mail address and home phone number, and created an outrageous storyline to cause me harm professionally, embarrass me personally, and establish an artificial foundation for future harassing legal actions against me. I believe this to be only one of several similar e-mails sent to various websites, agencies, groups and individuals – I know about this one only because Ms. Desai is not the sharpest tool in the shed and had no way of knowing the e-mail would be auto-acknowledged to my e-mail address (since that was the one she provided pretending to be me). Regardless, her actions constitute identity theft and a host of professional ethics and conduct violations ranging from character assassination to violating the rights of every party to this case as to their privacy expectations regarding personal information provided to the court (an e-mail transmission over the Internet is by no means private).

This is the kind of immature, asinine, self-centered, and ignorant behavior only a 12-year-old would engage in, but the damage caused by this and other activities (see below) Ms. Desai has engaged in since losing ignominiously at every hearing and proceeding during the course of this case, is very extensive and lasting, and therefore not a light or funny matter. As you will see, it has resulted in loss of my (and therefore my daughter’s) credit standing, and very nearly resulted in the loss of my (and therefore my daughter’s) home.

I don’t wish to dignify the contents of Ms. Desai’s forgery by responding to it, but I feel I should because the response will give insight as to Ms. Desai’s motivations. First, I have posted every page of the certified copy of final divorce decree online at http://www.ScreenSender.com/RiddhiDesai/DivorceDecree.doc. From that document, you will learn that I am one of the few males (as far as I know, the first and only) in Fort Bend County to be granted primary custody of a daughter under three years old WITHOUT having to prove the mother abused drugs or the child in question (my daughter was actually seven months old when after presentation of the relevant evidence Judge Olen Underwood stepped in to immediately end what up to that point in time had been a kidnapping by the mother and her attorney). This should tell you something about what the testimony revealed of my character, parenting skills, and love for my daughter. You will also see that I have been given exclusive possession of the passport, which should tell you something about the mother’s character and motivations. There are also things you don’t see – the tremendous improvement in my daughter’s health since I took over that responsibility, the happiness my daughter displays when it is time to come home to me and my fiancée, the tears and screams she exhibits when she is returned to her biological mother.

This case has drug on forever, but the divorce decree and the temporary orders given before the decree are the results of the following facts, most heard in the temporary orders hearing:

1. I went to China on business in August, 2004, and had no interest in a wife at that time, Chinese or otherwise (I was, however, interested in having a tour guide for my free time, and in learning the social customs of the Chinese – when in China, this means you need to become friendly with Chinese);

2. Yi Jian was a longtime prostitute in China (a fact not known to me at the time of our marriage) trying to escape her crimes in her homeland – to do that, she joined several websites specializing in introducing Chinese women to Western men (she had been a member of the site I met her on for over three years, and had “dates” with a number of men she met there);

3. Riddhi Desai is a gender bigot and a racist – her comment (while pretending to be me in the e-mail above) about Chinese women being submissive is reflective of her ignorance and racism. I have actually been married to two Chinese women, and culturally they dominate the home and affairs related to the home. The fact that Yi Jian struck me with an object she picked up and hurled at me (a water bottle) is not unusual in Chinese households (but it is not something a Pakistani gender bigot would know or understand);

4. Yi Jian came to this country for the sole purpose of getting a green card and gaining a work-free future through a lucrative American divorce (the stuff of legend in illiterate Chinese street mythology) for her and her daughter;

5. Yi Jian became pregnant by turning condoms inside out and inserting them into her vagina following advice she got from her friends and fellow Chinese street prostitutes – I confronted her when I was emptying trash and saw that several condoms had moved from the waste receptacle in the bedroom to the wastebasket in the toilet room (inside the bathroom);

6. Yi Jian used the resulting pregnancy and my own sense of my moral responsibilities to force me into marriage;

7. With the marriage, Yi Jian believed she had satisfied all the requirements to extort alimony, child support, and my home from me, and from that point on refused to cooperate in the marriage – these culminated in the only physical incident of our brief marriage when on January 15, 2006 she struck me with a water bottle at four o’clock in the afternoon in the bedroom when I went to ask her when her daughter Jiao Jiao was due to return home from a friend’s home she was visiting. To my credit, and as shown in the police reports and in examinations of all parties by EMS technicians immediately thereafter, instead of responding inappropriately to the assault, I immediately called the Sugar Land Police Department.

8. As established by testimony, I have never been involved, or even accused, in any situation involving any kind of violence or abuse in my entire 53 years of existence before, during, or since my relationship with Yi Jian;

9. Oddly enough, the only person whose mental health was in question in this case was Riddhi Desai’s. Her arguments in court were meandering and nonsensical, she was never on time, she forgot her own commitments and abandoned trains of thought during oral arguments. Dealing with her was difficult for everyone (in other words, it wasn’t limited to myself and my attorney, but seemed to include all males). She created problems for others even when it was to her client’s extreme disadvantage. For example, I think everyone would agree that it in a custody case it is advantageous to curry favor with the child’s ad litem. But she treated Carel Stith (the ad litem for my daughter) no better than she did me - conversations between Carel Stith and Woody about Riddhi Desai refer to her as “the dark side”.

10. Judge Ron Pope did in fact recuse himself from this case, immediately after I wrote a letter to the Fort Bend County Recorder’s office asking for the statistics of Judge Pope’s rulings regarding child custody and access by gender. Judge Pope knows, and I knew, that Fort Bend County has historically violated state law on gender bias regarding child custody and access, and that Judge Pope in his relatively short tenure had become one of the worst abusers. At some point after I had publicly accused him of gender bias, Judge Pope’s wife (whom I’ve never met) retaliated by accusing me of accosting her in a coffee shop in Sugar Land. After conversations with the Texas Rangers over the issue, which included a background investigation of my criminal history (or more accurately, lack thereof) as well as two hours at my place of employment verifying my entries and exits to and from the building), I was vetted by the Rangers. I am not sure the wife’s accusation (she identified me as having a beard as shown in the only photo the court had of me from a website I posted – I hadn’t worn a beard in two years) wasn’t specifically intended to launch a fishing trip into my background, but whatever they were looking for wasn’t there, and so Judge Pope recused himself. I do think the research by the Rangers ultimately helped me, since after that investigation I have been accorded respect by the court and we have been successful in the matters put before the court. I believe it’s been firmly established that I do not abuse people and therefore will not brook any abuse of me, my loved ones, or persons too weak to defend themselves.

The subject of abusive people takes us back to Riddhi Desai and her conduct. The aforementioned e-mail to the psychologist was only one of several Riddhi Desai and/or her associates sent out to various medical professionals – both before and after the e-mail. I received a number of phone calls trying to set appointments or get more information about my “problem” from health-care providers I do not know.

How do I know these were sent out by Riddhi Desai? Because they occurred immediately after the following exchange between me and my attorney (Douglas “Woody” Lyons):

It is not unusual for Riddhi Desai to make accusations or statements that make no sense (neither Woody nor I have any idea what “You have forwarded your client's defamatory letters towards me without any redaction to Child Support Agency” references). The website she mentions has been up for a year (since January, 2007) and was last edited in July, 2007, so it has been seven months since anything new was posted (I will, however, be posting a copy of this letter after it has been completed). What does appear on the website about Riddhi Desai is taken from other websites or information available in the public record. I did not publish things that spoke to other than her professional ineptitude and prejudices – for example, I chose not to publish a written record available on the Internet that reveals Riddhi Desai’s mercenary values extend all the way into her religion (her “religion” includes things such as assigning fixed dollar and cent values to specific “good acts”, and she was the one appointed to determine the prices in a chart she then published). Finally, Riddhi Desai asked Judge Oren Underwood at the temporary orders hearing to have me take down that website, and the judge refused to issue such an order – she was certainly aware of the website and its contents at that time.

What is clear is that Riddhi Desai perceived some kind of insult, it angered her, and she and/or her associates decided to engage in more of the same harassment she’d been practicing for over two months (see below). That resulted in the identity theft e-mail sent by Riddhi Desai to the Psychology Today web site.

You need not take my word for it. As soon as I received the e-mail, I sent an e-mail to Psychology Today informing them that the e-mail would be the subject of legal action and to preserve it. Even should they not, it is possible to confirm the real sender’s IP address from the e-mail server, which is not under Riddhi Desai’s control.

This single incident, though egregious and actionable, may not be sufficient to remove someone from the practice of law, which I am asking you to do for that sake not only of the people she’s injured, but for the health, safety, and welfare of her past, present, and future clients. Riddhi Desai is a maliciously and criminally vindictive person who goes well outside the law to punish not only her intended victims, but her clients when they do not do exactly as they wish. Because of the consistency of her nature, there are many examples of her incompetence and misconduct in my case alone.

I intended to present Riddhi Desai’s offenses somewhat in reverse chronological order, but several things she’s done overlap one another, and the effects of some of them lag behind the actual causation. For the next item, I need to present some background. Prior to the first temporary orders hearing in January, 2007, with the help of a women’s shelter Yi Jian had kidnapped my daughter from me beginning at the baby’s birth, a period of seven months. During that kidnapping, Yi and her attorney staged an assault upon me and the baby during what was purported to have been our first meeting August 19, 2006 – that assault is captured on videotape (complete with Yi Jian denial that I am the baby’s father) and was a significant part of the temporary orders hearing.

You’ll recall that the Texas Rangers interviewed me for hours at my place of employment. Therefore, everyone in this case was aware that I was at that time a self-employed contractor earning $27,000.00 a year, and had been for some time. But Riddhi Desai doesn’t do her homework – she came to the temporary order hearings completely unprepared. First, she came asking for twenty percent of my income child support plus $1500 per month spousal support plus $3500 in attorneys fees (do the math against $27,000). Completely ignoring the laws requiring gender equality and the fact the hearing was being held in the United States rather than her pagan third-world gender-bigoted Pakistani homeland, she tried to deny my daughter any of the time she needed with her father. She had intimidated Yi Jian and Jiao Jiao into making up stories about what happened during the marriage, but completely ignored the evidence and the circumstances. First, we’d only been married two months, and at the time she hit me with the water bottle to end our relationship, I had called the police, who took extensive statements resulting in their telling Yi Jian to leave my home. At that time, we were both asked if there had been any previous problems and the nature of our lives together, and the responses recorded. Since Yi Jian and I had no contact with one another through the baby’s birth and kidnapping except for the assault on me and the baby in August, 2006, Riddhi Desai had no place to fit her stories of woe. She left Yi Jian and Jiao Jiao hanging out to dry when the stories didn’t hold up on the stand. During this hearing, Riddhi Desai perjured herself on the record regarding the nature, intent, and effect of various immigration matters, including status and application.

The result of the hearing was a crushing repudiation to Riddhi Desai (and hopefully, to others like her). I received immediate and equal access to my daughter and I became the primary custodian, controlling medical care and education for my daughter. No spousal support was granted, Riddhi Desai’s request for attorney’s fees was denied. I did agree to pay a token amount ($50 per week, though I actually wound up giving her $80 per week plus items for my daughter simply because I wanted to) in “child support” (more accurately, “adult support” for Yi Jian) because everyone recognized that Riddhi Desai had created a very difficult situation for Yi Jian. Riddhi Desai had convinced her client that she didn’t need to train herself for employment or make any other arrangements for her own survival because, according to Ms. Desai, Yi Jian was going to not only get my house for life (mortage-free, I assume!) but also a nice monthly income (that just happened to exceed what I earned) for the next eighteen years. I therefore agreed to pay her just enough to help a little but not enough to encourage her to continue sitting on her butt, until she could educate and train herself.

Riddhi Desai then threw a childish temper tantrum. She threatened Judge Underwood that unless she was paid she would quit on her client. My attorney queried her as to her true intentions, and she reiterated she would abandon Yi Jian unless she was paid for her time. Judge Underwood wasn’t about to be bullied by Riddhi Desai, and denied her any compensation whatsoever. Unfortunately, he was unable to sit at the next hearing in July, because if I read Judge Underwood right, immediately upon seeing her face in the courtroom he would have sanctioned her immediately and this letter would have been unnecessary.

The “final” divorce hearing was in July, 2007. At that point, an agreement was reached between all the parties, and another trial was avoided. My concern was that Yi Jian could not and would not make it her in the US, and would return to China – with Sophia (my daughter). She had kidnapped my daughter before for seven months, and her attorney Riddhi Desai) had no scruples whatsoever against aiding and abetting such crimes. Therefore, I agreed to an extortion – even though as the primary custodian I should have had no requirement to pay child support, and even though the temporary orders support was to have been only until Yi Jian could get a job (supposedly she had one by this point), I agreed to continue paying the $80.00 per week I had been paying voluntarily as “adult support” ($345/month) in order to prevent Yi Jian from kidnapping Sophia again (I would be given sole possession and control of Sophia’s passport).

To make all of this happen, we (meaning myself, Carel Stith, and my attorney) had to get around Riddhi Desai’s criminal obstructionism. Prior to this Yi Jian and I had once again developed a friendly relationship. Yi Jian had told me that she was aware that some of her problems had been caused because her attorney had convinced her to lie on the witness stand. Now she was deathly afraid because she knew that she and Riddhi Desai had both committed perjury using the same falsehoods in documents submitted to the USCIS (immigration authorities). She was worried she’d be caught in the lie and not allowed to stay in the US. She was not interested in telling more lies, and she was not interested in another trial. She had said that since the temporary orders hearing, Riddhi Desai was out of her control. Since she was not being paid, Riddhi Desai presumed as her compensation she would use Yi Jian’s case to pursue her own anti-Caucasian, anti-male third-world agenda. She was no longer communicating with Yi Jian at all. Yi Jian told me told me she’d be willing to let me keep the passport, but that Riddhi Desai wasn’t answering her phone calls.

At the negotiation, Riddhi Desai barred her client from the conversation, and constructed a barricade of ridiculous demands and conditions to the frustration of all involved. I had communicated to Woody that I knew Yi Jian’s wishes weren’t being served by Riddhi Desai. Woody, being a really good attorney and inventive in his own right, finally found an opportunity and without Riddhi Desai’s permission sent a message to Yi Jian to come to the meeting. Once there, Carel Stith and Woody joined forces to keep her there, and a relatively short time later we had an agreement we then presented to the judge.

Again, Riddhi Desai was rebuffed dramatically in the presence of better minds and higher moral standards. Unfortunately, however, the reading of the agreement into the record was hastily thrown together due to the lateness of the hour, and several portions of the agreement (including the passport portion) were left out (oddly, my obligations under the agreement got read into the record, but the part I was paying for got left out).

Riddhi Desai then immediately reneged on the agreement – given the harassments she was involved in outside the court system (see below), I am convinced she did it solely to cost me the $3000 she knew I would be charged by my attorney for the time in court, the letters to circumvent her obstructionism, and the communications between me, Carel Stith, and my attorney. There was never any question as to what the agreement was, as born out by the final divorce decree, so other than harassment there was no reason to waste everyone’s time. Riddhi Desai did not appear during this hearing, and it was her lieutenant, a Jennifer Wilson, who presented for Yi Jian. During this hearing, Jennifer Wilson perjured herself on the record regarding the Yi Jian’s immigration status, and the standing accorded her by merely filling out an immigration application. Filing an application, which is all that has been done at this point, confers no benefits to the applicant (neither changes nor influences their current status) and there are specific rules related to becoming a public charge (which Yi Jian has been).

One of the side effects of this was that since the divorce could not be finalized due to Riddhi Desai’s objections, child support payments could not be submitted through the Texas Attorney General’s office in Austin (no account number could be established). Instead, I sent each and every one to my attorney (Woody Lyons) who then sent them to the child’s ad litem (Carel Stith), who then sent it to Riddhi Desai, who then sent it to Yi Jian:

Five checks were forwarded via this route – the only problem occurred on one occasion when Riddhi Desai sent my attorney an accusatory letter saying I had not mailed a payment, when in fact her client when asked admitted the check had been sitting on her coffee table unopened for two weeks – Riddhi Desai had never asked her client whether she got the check before making the accusation.

In any case, on December 12, 2007, the situation was this – the divorce and child custody case was final. Riddhi Desai had been defeated at every turn, had not represented her client’s wishes, and was angry. As for my part, I had met every obligation, paid all child support, followed all laws, gotten my baby’s health back under control, provided a quality and enjoyable life for my daughter, and was looking forward to rebuilding my life with Sophia and Jennifer (my fiancée).

Against this backdrop, seven days after Riddhi Desai had been thoroughly embarrassed yet again in court, I received a nasty letter (I consider words like “delinquent”, “action of the court” “behind”, and any bureaucrat arrogantly “reminding” me of my obligations to be nasty) from the Fort Bend County Child Support agency. Riddhi Desai had intentionally and maliciously contacted the agency and lied about Yi Jian receiving the payments from August through December, 2007. This is the letter:

This is the letter my attorney forwarded to the agency in response:

After this letter was written, I learned from the Yi Jian, and confirmed with Fort Bend County Child support, that the original complaint did not come from Yi Jian, but instead came from Riddhi Desai, supposedly on behalf of Yi Jian.

In short, Riddhi Desai had, immediately after her glaring defeat in court December 3, 2007, filed an underhanded complaint she knew was false but would sound reasonable to the Fort Bend County Child Support agency. She, as everyone else, knows that the child support system is an onerous, oppressive bureaucracy targeting males which, once focused on a victim, is difficult to get off your back. It was done as an act of pure harassment.

What I did not know at the time was that the child support harassment was merely the tip of an iceberg that Riddhi Desai and her associates had been building since November. She had been submitting my name, personal information, and contact data in response to junk and fraudulent e-mail she received on her computers. I began seeing the results of these as e-mails I first received as personal e-mail sent directly to me confirming my application for various part-time jobs (which turned out to be money-laundering or stolen-goods forwarding), credit cards, and various get-rich-quick-schemes. Most of these were obvious, and not then knowing the cause, I just deleted them. I did not know that Riddhi Desai had in effect submitted my identity to an international ring of con artists, and that they were trading my information between themselves.

Because of my legal bills, I had put up my 1977 MG Midget up for sale. When I received an offer for the car, and ultimately a cashier’s check in payment for it, I welcomed the good news and didn’t think that much more about it. However, this was the end result of the chain of events Riddhi Desai initiated:

1***3 S***y S****s L**e

S***r L**d, T***s  7***8-1**8

December 31, 2007

 

[The most recent version of this document is available on-line at http://www.ScreenSender.com/Fraud/FraudDetails.doc]

 To whom it may concern:

 During the holiday period of November 30, 2007 through the present, my family and I have been the victims of two frauds in rapid succession, one perpetrated by a consortium of international con artists in cooperation with and under the protection of Capital One Bank in the amount of $13,000.49, and a second fraud conducted by Capital One Bank alone in the amount of $6,500.00 (the second occurred without resistance from Chase Bank, which could have, and should have, mitigated the loss). This amounts to a loss of nearly $20,000.00 immediately before Christmas without any notice and without any fault of mine. As you will see, in the end the entire loss was caused by Capital One Bank, since without their actions the crimes of their partners would have had no effect whatsoever.

 My name is S***t D****r. I am one of three officers in a ‘C’ corporation by the name of Paper Trail Technologies, Inc. (as accountants, lawyers, and especially bankers know, a ‘C’ corporation is a separate legal entity created by a state filing, and shareholders are typically not personally responsible for the debts and the liabilities of the business).

 At the time Paper Trail Technologies was incorporated in July, 2006, I turned over the title of my restored 1977 MG Midget to the corporation in return for 1,000 shares of stock at $1 per share, and a note against the corporation for $10,000.00 (the corporation is the debtor, I am the creditor).

In December, 2006, the corporation released its employees and began a process of dissolution. In August, 2007, the corporation completed its last remaining contract (with Emerson Process Management) and started liquidating assets. As part of that effort, the 1977 MG Midget was placed for sale on several Internet websites (see http://www.ScreenSender.com/Midget) through ITMotors.com.

During the evening of November 8, I received a text message on my cell phone in response to that ad. The message was from a Frank Lampard, who said he was a classic car broker and had an interested client who was an officer in the US military stationed in Spain. I responded the next day to the e-mail address he provided (all e-mails exchanged on either side of the conversation are available at http://www.ScreenSender.com/Fraud/FraudEmail1.htm through http://www.ScreenSender.com/Fraud/FraudEmail34.htm), answered a few questions, and pointed him to the website that had the most detail about the car, including a video test drive (the aforementioned http://www.ScreenSender.com/Midget). On November 10, he indicated he wanted to purchase the car, and we discussed payment arrangements. Between that time and November 30, I received e-mails from him regarding delays of various kinds, but no check, and so I assumed he was one of those whose stomachs were bigger than their wallets.

To my surprise, I received a cashier’s check, drawn on the State Employees Credit Union of Maryland, from Spain (see the envelope at http://www.ScreenSender.com/Fraud/OrigCheckEnvelopeRcvd11_30_07.JPG) on November 30, and promptly deposited the cashier’s check that day. When I saw the check had been cleared a few days later (December 3), I went to the bank and had a cashier’s check drawn up from Paper Trail Technologies, Inc. to me in repayment of the note owed me (http://www.ScreenSender.com/Fraud/CapitalOneCashiersCheck.JPG). I then deposited that cashier’s check to my Chase Bank personal account. On the day following that deposit, the agency I contracted my services to (Sapphire Technologies) was released from a project, leaving three of us out of work just before Christmas. So, I paid several bills, including my homeowner’s insurance, life insurance premium, house payments on both mortgages, the taxes on the house for the year, and child support for my daughter (even though I am the primary custodian and ordinarily it wouldn’t be required, I pay what might better be termed “adult support” to my ex-wife because she’s indigent and not a citizen). I was looking forward to a modest, but nice, Christmas, the first I would have with my eighteen-month-old daughter since gaining primary custody of her in a long legal battle.

On Wednesday, December 12, my daughter, her caregiver (who is also my fiancée), and I went to the neighborhood strip mall to so I could get a haircut for a job interview I had landed for the following day. When I went to pay the $12 tab, not a single credit card or debit card of the four I carry (a Capital One Visa, a Capital One debit, ad Chase MasterCard, and a Chase debit) would go through…they all reported “cancelled”. My fiancée took the baby and went home for her purse to pay the bill, and then we went to the Chase branch across the parking lot to use their ATM, thinking maybe the salon’s card reader was broken.

The Chase staff would tell me only that my account was “suspended” – they wouldn’t tell me why - and that I had to call Capital One in order to get it “released”. The entire concept that a bank could not only interfere with unrelated accounts at another bank, but could effectively take everything that customer had in those unrelated accounts without notice or explanation, was foreign to me. I immediately went to Capital One bank, where I learned that the $13,000.49 cashier’s check deposited November 30 was a counterfeit. I learned that Capital One had not contacted any law enforcement authorities, had not contacted me, had posted no information to the online account to notify me, and had been aware of a problem with the check since being notified by State Employees Credit Union of Maryland the previous Friday (December 7). Brad Herndon, the Capital One manager stated that Capital One was conducting an “internal investigation” (without contacting the principal witness – me?”). When I asked under what authority or by what mechanisms my Chase accounts had been suspended, Mr. Herndon would not tell me, saying only that “Capital One has the right to protect their assets” (no mention of protecting their customer, obeying the law, due process, prohibitions against self-help, due diligence when clearing the check in the first place, or full disclosure). Mr. Herndon refused to tell me the rationale or means used to suspend my Chase accounts, or provide me the means to access those funds that had been received in my Chase account from sources such as my automatically-deposited paychecks, or for that matter, why I was being forced to talk to Capital One about any Chase matter. As in past conversations about other matters (see below), the Brad Herndon was uncooperative, dishonest, evasive, and arrogant (and as things turned out, a con artist in his own right).

By that time it was evening. I had no cash, no access to any, no food in the house for my daughter and no gas in my vehicle. There was $6500.00 in my Chase accounts, and I was completely unprepared to immediately and without notice have no access to my funds. My fiancée (whose only source of income is the salary I pay her to care for Sophia, my daughter) loaned me the last $40 she had before she returned home to her apartment (see http://www.ScreenSender.com/Fraud/JennifersNote12_12_07.JPG). For my daughter’s safety and welfare and because of the uncertainty of my financial situation, I decided to use the money to put gas into my vehicle, and take my daughter to her birth mother in Richmond (a very difficult decision, I assure you).

On the following morning, December 13, I spent the entire morning at Chase Bank trying to get answers, and access to those funds that were deposited from my paychecks. All I got for my trouble was a runaround, and my demands to speak to someone who could solve the problem resulted in only a phone number (no name) – and that number was not a Chase number, but a Capital One number (see http://www.ScreenSender.com/Fraud/ChaseNoteReCapitalOne12_13_07.JPG).

After 24 hours trying to resolve the problem, I had more questions that I started with: Why was no one at Chase willing to take responsibility? What was the relationship between Chase and Capital One? Why was a fraudulent cashier’s check in the amount of $13,000.49 now known to be written by a professional crime ring (that is, not me) resulting in a removal of $19,500.49 from my control (a debit against my account at Capital One $13,000.49 for the original check, and a hold against my assets at Chase for reasons unknown)? Why, with a crime of this magnitude (an international crime syndicate, interstate wire fraud under the purview of the FBI, and postal fraud under the authority of the US Postal Service) had no one involved the authorities? In other words, why was Capital One covertly attacking me (the victim) while obstructing justice to protect the criminals?

After returning from Chase, I called the Sugar Land Police to file a complaint and find out how to get the appropriate authorities involved to overcome the honor-among-thieves head start Capital One had given the scam artists (I did not yet know about Capital One’s own fraud in this case, but I did know about Capital One’s long ad sordid history as a parasitic and predatory history as a credit card company, and also knew from my own experiences – see below – and from Congressional testimony about their loan-shark-style fee-churning practices).

The officer who took the complaint had similar questions. He assigned a case number (see http://www.ScreenSender.com/Fraud/OfficerAndCaseNumber.doc) and asked me to get the Capital One manager to provide copies of the counterfeit check. He stated that with Capital One running interference for them, the criminals had probably long ago covered their tracks and it was unlikely that they would be caught. I called the Capital One manager, and he offered to bring the information to my home, but not until the next day (December 14).

On December 14 – two weeks to the day after it was deposited, and one full week after Capital One had been notified there were problems – Brad Herndon, Capital One bank manager, allowed the first view of the cashier’s check to anyone other than Capital One personnel since it was known to be counterfeit. See the photocopy of the check as delivered by Mr. Herndon (with Capital One staff notes) at http://www.ScreenSender.com/Fraud/FraudCheckCopyWithCapitalOneMgrNotes.JPG and http://www.ScreenSender.com/Fraud/FraudCheckCopyWithCapitalOneMgrNotes2.JPG. Mr. Herndon also brought with him various images of bank software views of transactions for the Paper Trail Technologies, Inc. account – see http://www.ScreenSender.com/Fraud/CapitalOneMgrScreen1.JPG through http://www.ScreenSender.com/Fraud/CapitalOneMgrScreen4.JPG. I asked Mr. Herndon by what authority he had used a counterfeit check issued by a third party to the Paper Trail Technologies, Inc. account to interfere with my access to personal funds in my Chase checking account – and he had the nerve to tell me I had to take that up with Chase (two days before, he had admitted culpability under the umbrella phrase “Capital One has the right to protect their assets)! I asked him why he had given criminals a free pass by not calling in the appropriate authorities, and again he ducked responsibility by blaming Capital One’s “internal security” – when I asked for names and phone numbers of those individuals, he refused.

After Mr. Herndon left my home, I downloaded the on-line view of my account status in my Chase personal account – see http://www.ScreenSender.com/Fraud/AccountDetails1.aspx.htm through http://www.ScreenSender.com/Fraud/AccountDetails7.aspx.htm. Note that the account still shows the balance of $6,500.00, and absolutely no indication anywhere of a hold, cancellation, or suspension. I also downloaded the on-line view of the Paper Trail Technologies, Inc. Capital One account. – see http://www.ScreenSender.com/Fraud/CapitalOneScreen12_14_07.JPG. By this time, Capital One has revised some history and added a debit of $13,000.42 back-dated to December 10 along with a service charge of $4.00 (that some massaging has been done is belied by the fact that on the same day another charge for $218.00 was accepted with a later transaction number than the debit).

I cannot get a straight answer from Chase or from Capital One as to the hijacking of my personal Chase account. It appears as though by good-ole-boy I’ll-scratch-your-back-if-you-scratch-mine collusion they want to hide from the authorities from me, Capital One and Chase have struck a deal to transfer funds – including those unrelated to the sale of the ’77 Midget - from my personal checking account at Chase to cover the debit in the Paper Trail Technologies, Inc. Capital One business account caused by Capital One’s failure to vet a counterfeit cashier’s check with due diligence. That would mean that through no fault of my own, without any public hearing of the facts, and without being provided any notice or opportunity to mitigate the damages caused by criminals Capital One has acted to protect (see below for alternative resolutions), I am being charged $6,500.00 personally in addition to the $13,000.42 debit assessed against Paper Trail Technologies, Inc. That totals $19,500.42, $16,000.00 more than the $3,500 I personally received from the transaction (the $10,000 cashier’s check deposited into my personal account less the $6,500.00 I never spent).

Everyone I’ve spoken to about this matter – the police, IRS, Texas Attorney General’s Office, and yes, a manager for another bank – has said there is no legal way for Capital One to attach personal funds in another account to a business debit, certainly not without judicial intervention. So, how did they do it? I called several people looking for an honest banker (i.e., someone working for a bank not held by a usurious credit card company) and was introduced to a manager of an IBC Bank office. She looked into the situation and determined that Capital One had committed a fraud of its own – they did not report the $13,000.42 cashier’s check issued to Paper Trail Technologies by the scam artists as being counterfeit to Chase, they instead reported the perfectly legitimate $10,000.00 cashier’s check from Capital One to me personally as being fraudulent!

For their part, Chase agreed to look the other way and accept Capital One’s misrepresentation of the facts so long as Capital One didn’t get caught. This is a blatant, deliberate, and criminal corruption of the banking laws and practices by two malfeasant banks, and an immoral and illegal assault upon an innocent consumer.

At the time the $10,000.00 cashier’s check was issued by Capital One bank to me with bank manager approval, Capital One was in full command of all the resources and all the facts. They had every opportunity, duty, and right to validate the original $13,000.42 cashier’s check. They receive daily updates from the FDIC specifically about counterfeit cashier’s checks, and have for more than five years (see the example notice at http://www.ScreenSender.com/Fraud/FDIC FIL-68-2002 Special Alert.htm – note that these alerts are not made available to the general public and I was made aware of them by the IBC bank manager).

For nearly all of the time that the Paper Trail Technologies, Inc. account has been at Capital One, Capital One has placed holds on every check (including payroll checks from Fortune 500 corporations) coming into the account (sometimes purely for harassment). Brad Herndon, the Capital One manager, and I have had more than half a dozen strong conversations about inappropriate holds on specific checks, to no avail – every week my mailbox would contain yet another hold notice for an Emerson Process Management (a Fortune 500 company) check in the same amount ($2,153.20) for over a (from July, 2006 when the account was first opened to August, 2007 when the officers began shutting down Paper Trail Technologies, Inc. During the period August, 2007 through November, 2007, there was very little activity in the Paper Trail Technologies account – in fact, for some period of time prior to the deposit of the $13,000.42 cashier’s check, there had been a small overdraft in the account.

And, it wasn’t until after Capital One, of its own volition and for its own reasons, showed the original $13,000.42 cashier’s check cleared in the on-line account view that I requested the $10,000.00 cashier’s check from Capital One to myself. It wouldn’t have mattered one whit to me whether the $13,000.42 cleared in four days or in four weeks. As shown by the activity in my personal Chase account, over two weeks after having receiving the original $13,000.42 cashier’s check, I hadn’t spent $6,500.00 of the $10,000.00 I got as my portion of the sale of the car.

It was against this backdrop that Capital One bank issued the $10,000.00 cashier’s check to me from the Paper Trail Technologies, Inc. account. There was nothing fraudulent about it in any direction – because Capital One had not done any due diligence despite copious information available to them, no one could have been aware at that point in time of any problems. But in any case, once they issued the cashier’s check, they were accountable for it as a separate matter form any other consideration – for exactly the same reason you can’t get out of paying the check you issued for the mortgage just because your losses in Las Vegas turned out to be more an you thought they would be.

I asked Brad Herndon, the Capital One manager, what he was doing during the four days they did hold the original $13,000.42 cashier’s check, and why with e-mail and instant electronic communications - and, for God’s sake, free long-distance – and getting daily notices that counterfeit cashier’s checks were out there in roughly the same dollar amounts, he didn’t invest the trouble to verify the check, he made one of the most laughable comments I’ve ever heard. He told me that they cleared the check quickly as a service to a valued customer! This despicable shell of a man, working for a despicable shell of a bank (neither of which had ever done anything for anyone that didn’t immediately and directly put money in their pockets) was trying to put after-the-fact spin on the fact he and his bank are incompetent, lazy, and careless – as though not discovering a counterfeit check was somehow a good thing for me.

Let’s clear up that last point. The damage Capital One (in collusion with Chase) has done to me personally may exceed ten times the $6,500.00 they’ve stolen from my personal Chase account to apply to a Paper Trail Technology debit I don’t personally owe. To verify that those funds have been unfairly converted and that it is the $10,000 cashier’s check from Capital One illegally characterized as fraudulent rather than the $13,000.42 counterfeit cashier’s check (verifying the IBC bank manager’s findings), see the Chase letter received December 24 at http://www.ScreenSender.com/Fraud/ChaseRcvd12_24_07.JPG. To verify that Capital One is showing a $13,000.42 debit against the Paper Trail Technology, Inc. credit with no mention of a credit for the funds they have stolen from my personal Chase account, see the Capital One letter received December 31 at http://www.ScreenSender.com/Fraud/CapitalOneRcvd12_31_07.JPG. As to the latter, note that Capital One has turned the situation completely around from Paper Trail Technologies, Inc. being the innocent victim of a crime (that Capital One could have, and should have, prevented) to Paper Trail Technologies now having intentionally over-drafted an account. That kind of intentionally malicious and libelous defamation, slander, and dishonesty from an organization as incompetent and corrupt as Capital One has shown themselves to be throughout this entire situation is unacceptable (to say the least) and one of the issues for which we are seeking the assistance of legal counsel.

To start with, I have a personal direct loss due to Capital One’s corruption and ineptitude in the amount of $6,500.00 (the $6,500.00 taken from my personal chase account, over and above the Paper Trail Technologies, Inc. debit of $13,000.42 that fully covers the original counterfeit check.

But no event occurs in a vacuum. There was a reason that Paper Trail Technologies, Inc. was being dissolved and that the ’77 Midget was being sold in the first place – the business had not been successful, and my personal situation was such that I needed the money. Before selling the car, I had spent thousands of dollars on immigration issues, bringing a woman from China and her daughter to the US. Shortly after her arrival, the woman became pregnant and I married her. At that point, she determined she could live off the proceeds of a divorce and welfare generated by the baby, and after assaulting me with a bottle, left my home. After a year and a half of investigative, legal, and recovery expenses totally multiple tens of thousands of dollars, I was successful in retrieving my daughter and was awarded primary custody. At the same time, I was being harassed with nuisance suits by a spurned lover from several years earlier, also Chinese and working in concert with my now ex-wife (they were of the belief they could acquire my house). Ultimately, my retirement and other savings were exhausted and I was forced into Chapter 7 bankruptcy in order to save my home and to start fresh for the sake of my daughter. That bankruptcy was still in the discharge process at the time the original cashier’s check was received for the ’77 Midget.

[A side note regarding the bankruptcy: As illuminated by recent testimony before Congress, lower-tier banks like Capital One (and for that matter, Chase) churn fees by various means against marginal accounts, generally by holding deposits but immediately logging debits to create artificial overdrafts during the hold period, and charging exorbitant fees on a per-debit basis for the resultant shortages. At the time the bankruptcy was filed, I had a personal account at Capital One, which Capital One began churning as soon as they received the bankruptcy notice – they ran up hundreds of dollars in churned fees in a short period of time. The charges so angered the bankruptcy referee that he allowed us to belatedly add the personal Capital One account to the list of creditors, and discharged all of those fees. Brad Herndon’s name and character came up frequently during those discussions and I believe a significant motivation for some of the illegal activities Capital One has engaged in relative to the counterfeit cashier’s check is reprisal for the bankruptcy referee’s actions.]

As noted previously, shortly after depositing the $10,000 Capital One cashier’s check into my personal Chase account in repayment of my loan to Paper Trail Technologies, the project I was assigned to as a software engineer was cancelled – myself and two other engineers were put out of work because of a breakdown in the relationship between the client (Smith International) and the agency we worked for (Sapphire Technologies), in large part due to long-term misconduct by the project lead (Mark Seals).

Because I contract my services to clients based on specific tasks to be done, changing jobs is not in and of itself unusual – I typically work an assignment for six months to two years (I had been on this assignment since August). However, in the eighteen years I’ve been doing this kind of work, I’ve never been involuntarily unemployed, and therefore not during the holiday season, and of course not when I had the primary responsibility for an eighteen-month old daughter. While ultimately I will get work, I wasn’t able to secure a position in the two-week run-up to Christmas or during the week between Christmas and New Year’s.

I had intelligently and responsibly prepared for some of the know issues (certainly discharge of the bankruptcy and taking over care of my daughter) by arranging for the sale of the car and retirement of the $10,000.00 debt owed me by Paper Trail Technologies. The sale of the car was welcome news, even more so when shortly after the project at work was cancelled.

So, at the time my debit and charge cards were denied on December 12, 2007 all of my resources were completely exhausted save for the funds generated by the sale of the car – there was absolutely nothing left to cover any more untoward events.

During the period when Capital One knew the original cashier’s check was counterfeit and was negotiating a backroom scam of their own with Chase, but I had not been notified by anyone, I wrote checks for bills, including checks for two mortgages against my home, homeowner’s insurance, child support, homeowner’s taxes, and a reinstatement of the payment agreement on my only vehicle, a 2003 Toyota Tacoma pickup, and various other bills.

Because of Capital One’s malfeasance, in addition to the $6,500.00 stolen from my personal accounts, I have suffered (or will soon suffer) the following additional losses: 

1. Because during the suspension of my personal account, Chase bounced not only the checks for the two mortgages (which in and of itself would not necessarily have been fatal), but also the homeowner’s insurance check, I have been told that I am going to receive a foreclosure notice. I have no funds to pay any of those checks, and therefore stand to lose the equity in my home, which is currently between $40,000 and $50,000.00. I have no funds (or now, vehicle) to move or means to prepare the house for sale, and even a premature sale would cost me the realtor’s commission ($18,000) and whatever I would lose not having the home dressed up properly for sale;

2. On December 16, the bankruptcy discharged. Because the check I wrote to re-establish the payment agreement on my Toyota Tacoma post-bankruptcy bounced, the pickup truck was immediately repossessed, and I now have no vehicle to drive (the ’77 MG Midget will not pass inspection because of a failed brake proportioning valve is no longer available for the car, and even if it were, I have no funds to pay for it);

 3. I have for three years been paying on a $500,000 life insurance policy – that policy is now at risk of cancellation. A December 17 payment due through Paper Trail Technologies as part of my compensation as an officer of the corporation was bounced, as was the replacement payment made through my Chase personal account (as noted below, this policy may have had enough loan value to pay for the counterfeit check had I been duly notified in a timely manner – now I can’t get access to the policy to pay any of my other bills);

 4. Three checks (one I issued during this period, two others that my ex-wife had squirreled away to cash for Christmas) for child support  bounce, placing me in severe legal jeopardy and causing major issues to my personal credit and to my relationships with the court, my ex-wife, my family, and ultimately with my daughter;

 5. Yesterday my cell phone was cut off for a bounced payment – I have no means to repay the check;

 6. On December 29, a note was placed on my door that the water bill payment check had bounced, and water would be cut off tomorrow – I was able to borrow $70.00 from a friend, but I have no more sources for loans. I am expecting similar notices for the electricity, gas, and land-line phone (and with that goes my Internet connection, without which I cannot work and my ability to get and respond to interviews by phone or e-mail);

7. I cannot pay the Cobra payments to continue my insurance from work, which is a requirement of my child custody agreement. 

As you can see, my situation is desperate. I am 53 years old (which in and of itself has employment and health challenges) and everything I worked for in 39 years of fulltime employment (I left home at 14), including my home and family, I am about to lose because of the criminal activities (including aiding and abetting fellow criminals) of Capital One Bank.

 The truly terrible thing is that none of this was necessary. First, Capital One could have done their job and either validated or held the original check until the fraud was discovered. But even had Capital One Bank not met their obligations, but kept their mistakes to that one and been even minimally honest and forthright, the situation was easily manageable. If Capital One had responsibly kept the loss to the Paper Trail Technology account and reported the issue to the authorities and the officers of the corporation as required by any standard of decent behavior, there is the possibility the criminals could have been caught (or at least, future crimes curtailed). Furthermore, at the end of the day, Paper Trail still has the car (the criminals never picked up the car, no title was exchanged, and no money was ever sent to them) so all that had to happen was for Capital One to issue a loan to Paper Trail Technologies for the amount of funds that were advanced on the counterfeit cashier’s check. Then, Paper Trail Technologies would have made payments on that loan until the car was sold to a legitimate buyer and the loan retired. Such a solution would have been painless, simple, honorable, and businesslike.

 But now we’re faced with the situation that Brad Herndon and Capital One Bank have intentionally and unlawfully caused me personal harm outside any obligation I might have had to Paper Trail Technologies, and certainly outside due process and legal authority.

 I am, therefore, seeking any legal and financial help I can from any quarter it is available. It is said that mankind never solves bigotry and racism, it just gets moved around. Therefore, because I am slender, Caucasian, and male (as opposed to obese, black, and female) society provides no resources from which I can draw to help me through what should have been short-term problems at best. Instead, there is a good likelihood I will end up homeless, certainly without credit, and without future prospects.

 It seems my best hope is to find a really good attorney who can hold the wolves at bay (at least long enough to keep my phone line active to get work) while getting back my personal resources from Chase… and in a perfect world, suing Capital One out of existence (I recognize the illogic of the last item – where would slugs like Brad Herndon work?). Hopefully, I can find someone willing to work on contingency.

 In the meantime, I will send out copies of this letter to as many people as I can, beginning with law enforcement, banking regulators, state legislators, our Senators and Congressmen, the credit reporting agencies, the child-support enforcement people, and the child custody judge.

 If you are an attorney (or know of one) interested in this case and believe you can help, please contact me at 281-240-8343, by e-mail at scottdeaver@hotmail.com, or by postal mail at the address in the upper right-hand corner of this letter.

 Best regards and wishes for the New Year,

 S***t D****r

Update January 5, 2008:

 I still have not gained access to my Chase Bank personal account, all checks written during the period described have been bounced, and I cannot even recover any of the deposits made to the account automatically (most critically, my last paycheck). I am down to my last $55.43. I have sent out dozens of letters to every attorney who listed their expertise as banking and finance on FindLaw, until I ran out of stamps and printer ink. I sent letters to the Texas banking regulators, FBI, FDIC, and the three major credit bureaus.

 On January 4th, I received a notice from First Power Electric that my electricity will be cut off January 14th (see http://www.ScreenSender.com/Fraud/FirstChoicePowerCutoff_1_4_08.JPG). At that point, I will be effectively homeless, without heat or lights or Internet access or even the ability to power my telephone answering machine (my cell phone has been disconnected for a week, so the land line is my only remaining communication link to the outside world). I have my baby this week, and I am guessing this is the last week I will be able to see her for a long while.

 On January 5th, I received another threatening letter from Capital One bank, again not mentioning their crimes (the getaway driver is just as guilty as the Nigerian who robbed the liquor store), or the $6,500.00 they stole from my personal accounts at Chase Bank (in addition to the $13,000.00 they are dunning Paper Trail Technologies) – see http://www.ScreenSender.com/Fraud/CapitalOneLetterRcvd_1_5_08.JPG. If my situation weren’t so dire, I’d laugh out loud at their threat to do an “external investigation”. Gee, after a month, you think?!? Given they’re going to spend a great deal of time explaining their actions to a number of “external investigators” I notified myself (and hopefully, a lawyer who takes pity, if not on me, on my family), I suspect that threat has been negated. But the others haven’t. If by some miracle I can overcome all of the immediately life-threatening problems Capital One has created for me, I face the rest of my life fighting credit and other problems they have manufactured as well.

 On January 8, 2005 – one month, eight days after the fraud occurred and over three weeks since my personal Chase account was hijacked by Capital One, I received the first on-line indication whatsoever from Chase that there’s a problem with my personal account in the form of a an online Chase account message re-iterating that I must go to Capital One to get my Chase funds released - see http://www.ScreenSender.com/Fraud/ChaseBankRcvd1_8_08.JPG

 At this point, with no resources left (including time), I have no choice but to beg for help from anyone willing to give it.

 Globally, there are millions of advertisements out on the Internet and in print media. The only way you could find my ad on my little website is by specifically searching for “MG Midget” or my name (it is a collector’s car, and so that limited exposure is by design). If this fraud had been the only incident that had happened to me recently, perhaps you could make the case that the con artist found me through pure dumb luck. However, against the backdrop of the numerous harassments Riddhi Desai has engaged in against me (and given that nothing like this series of events in toto has ever happened to me in my entire 53 years of life), it is highly likely the fraud occurred because her hand was in the mix. However, the proof that I was specifically targeted is clearly shown in the events that immediately followed – I received ANOTHER forged cashier’s check for the same car and ad from a different counterfeiter (this one from Italy rather than Spain, much better language skills, different twist on the need to send money):

 

Lightning of this kind didn’t strike twice in the same place without a lot of help from a beady-eyed Pakistani man-hater.

This particular lightning has actually struck the same place numerous times in the same month. Here are two “employment” contracts addressed directly to my email address (that is, they did not arrive as bulk or “junk” mail, and used my full name and other personal information in the cover letters) from people I’d never had contact with previously (these are money-laundering or stolen goods forwarding schemes):

The interesting thing about the second letter is that is shows my Sprint PCS cell phone number in the application information – that is not something you get from Yellow Pages, which means it was submitted by someone who knew me (or knew of me), but didn’t know me that well, since by December 14 Sprint had disconnected my cell phone (because a payment check had bounced due to the MG Midget fraud):

You’ll note that some of these initial contact letters fraud letters use the name “Scott Deaver”. Anyone who knows me knows that I always identify myself as “F. S***t D****r”. There is a W. S***t D****r my age who is vice-president of Cendant (formerly Avis Rent-a-Car), and years ago we agreed I would use the “F. S***t” designation because of issues we had with our credit reports becoming entangled. Riddhi Desai would not have known that when submitting these applications.

Since the letter I wrote describing the circumstances of the original fraud, I have gotten a new job with health insurance (because of the identity theft elements of this complaint, I will not share those details until I can be assured they will not be given to Riddhi Desai). I have worked with lenders and gotten a new (actually used) car. I’ve made an arrangement with my mortgage company and am working to salvage my life insurance policy. I obtained a new cell phone through a different vendor, and I was able to borrow $345 from a friend to replace one of the child support checks that bounced while the bank had my account suspended (I will replace the other this coming Friday). I have been surprised and overwhelmed by the support of my friends and especially Jennifer. Even Yi Jian has helped – I literally had no money to buy milk or diapers for Sophia, and she agreed to keep Sophia during my week. We have reached understandings on a number of topics, chief among them Riddhi Desai. She is fearful that Riddhi Desai is putting her into an untenable and dishonest position with the USCIS, she wants to correct any misstatements on her various applications, and she would like to normalize the relationship between her and me, as well as the relationship between her daughter (a US citizen) and herself (a Chinese citizen with no status in the United States). However, she’s afraid if she gets rid of Riddhi Desai or says or does anything Riddhi Desai doesn’t like, Riddhi Desai will exact vengeance on her or sabotage her immigration application. She doesn’t understand that her attorney is supposed to work for her, rather than vice-versa. She sees what Riddhi Desai has done to me, and feels threatened.

Riddhi Desai’s incompetence is in and of itself extreme enough to present a danger to her clients, a drain on judicial resources, and an embarrassment to the legal profession. But in addition to that Riddhi Desai is a criminal - identity theft, inducing or participating in fraud, subverting the interest of a client for her own personal gain, perjury before a District Court judge and in documents sworn and submitted to US government agencies (Homeland Security and US Citizenship and Immigration Service) are crimes.

I seek your help and assistance in correcting the injustices described in this letter (to the extent possible) and taking the steps necessary to prevent these problems in the future.

Thank you,

F. S***t D****r

See February 24, 2008 Update

See February 24, 2008 Update E-mails

See March 3, 2008 Update (Identity Thief Caught!)

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