+menu-


$10 Billion From the Judgment Fund

SUE AND SETTLE FOR BILLIONS FROM THE JUDGMENT FUND

BETWEEN 2013 AND 2015, THE (OBAMA) FEDERAL GOVERNMENT PAID MORE THAN $10 BILLION IN JUDGMENT FUND AWARDS WITH SCANT TRANSPARENCY OR OVERSIGHT.

———————————————————

A $5 billion lawsuit filed by a NON PROFIT  insurer against the Obama administration for a program implemented under Obamacare is raising questions about the use of a fund available for settlements with the government and

whether Congress can, and should, intervene.

—————————————————————–

Who knew? I’d never heard of “THE JUDGMENT FUND” until I read the September 16, 2016, Lankford Letter on the Iran settlement. Click here to open this e-mail in its own browser window

“The Obama administration has a history of using “THE JUDGMENT FUND ” Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, told The Daily Signal. “They cannot be trusted to properly defend the lawsuit.”

————————————————————————————

The Judgment Fund: History, Administration, and Common Usage

—————————————————

other snippet

“THE JUDGMENT FUND ” was established in 1956 to relieve Congress of the burden of appropriating money for judgments on a case-by-case basis.

Initially, the fund had a payment limit of $100,000.

Since 1977, however, there has been no limit on payment size. Congress has amended the judgment fund numerous times since, according to the testimony of Neal Kinkof, professor of law at Georgia State University.

Jan 8, 2017 Whether the GOP Congress can, and should, intervene?

Good Lord, Mr. Ford…. WHAT THE DEMOCRAT’S U.S. CONGRESS CREATED IN 1977, LET THE REPUBLICAN’S 2017  CONGRESS PUT ASUNDER.

———————————————————————————-

Von Spakovsky, who worked at the Justice Department during President George W. Bush’s administration, specifically warned of the White House’s history of “SUE AND SETTLE CASES,” which he said allows parties to circumvent federal statutes and regulations and receive large sums of money through settlements with the government.

 Jeffery Axelrad from George Washington University said in written testimony that the identity of fund recipients is not available when judgment fund statistics are compiled.
     “Likewise, the amount paid to attorneys and the identity of the attorneys is not currently available,” he added. “This information is central to knowing whether THE JUDGMENT FUND is, or is not, being abused.”

A $5 billion lawsuit filed by a nonprofit insurer against the Obama administration for a program implemented under Obamacare is raising questions about the use of a fund available for settlements with the government and whether Congress can, and should, intervene.

The $5 billion it’s seeking, the money would come from THE JUDGMENT FUND an indefinite appropriation created by Congress and administered by the Department of Treasury.

——————————————————–

April 12, 2012 The federal government will pay more than $1 billion to settle a series of lawsuits brought by American Indian tribes over mismanagement of tribal money and trust lands, under a settlement announced Wednesday.

MONEY FOR THE TRIBES’ SETTLEMENTS ALREADY HAS BEEN APPROPRIATED UNDER A CONGRESSIONALLY APPROVED JUDGMENT FUND

Negotiations continue on dozens of other cases.

An appeals court this week upheld a $3.4 billion class action lawsuit settlement concerning the mismanagement of government trust funds for hundreds of thousands of Native Americans, ruling that it was fair, reasonable and adequate.

The Cobell v. Salazar settlement is one of the largest class actions ever filed against the United States, and accused the federal government of mismanaging money owed to Native Americans under trust funds. The alleged mismanagement dated as far back as the 1880s.

———————————————————————-

“They’re getting political friends to sue them and settle without going to Congress,” he said.

A $5 billion lawsuit filed by a nonprofit insurer against the Obama administration for a program implemented under Obamacare is raising questions about the use of a fund available for settlements with the government and whether Congress can, and should, intervene.

According to legal experts, if the Obama administration decided to settle its class action lawsuit with Health Republic Insurance of Oregon, one of 23 co-ops started under Obamacare, and other insurers for all or part of the $5 billion it’s seeking, the money would come from THE JUDGMENT FUND an indefinite appropriation created by Congress and administered by the Department of Treasury.

Health Republic Insurance of Oregon’s lawsuit was filed on behalf of insurers participating in Obamacare’s risk corridor program, and specifically those who did not receive the full amount of money requested through it.

“In this case, the argument is the statute requires the government to pay out for the risk corridors, but Congress refused to appropriate the money to do that and therefore the court is going to have to award a judgment since the administration, under the direction of Congress, is violating the law,” Timothy Jost, a law professor at Washington and Lee University School of Law, told The Daily Signal of the lawsuit.

“And therefore the money has to come out of THE JUDGMENT FUND that the Court of Claims has to award a judgment against the federal government, which is appropriated money,” he continued.

The Obama administration’s use of THE JUDGMENT FUND has come under fire in recent years, particularly after it was reported the Justice Department used the fund to pay billions to farmers who alleged discrimination by the Department of Agriculture, circumventing Congress.

(Really? Just asking, using THE JUDGMENT FUND to settle discrimination lawsuits from black, Native American, Hispanic and female farmers is a valid use of the fund. )

“The Obama administration has a history of using THE JUDGMENT FUND,” Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, told The Daily Signal. “They cannot be trusted to properly defend the lawsuit.”

Von Spakovsky, who worked at the Justice Department during President George W. Bush’s administration, specifically warned of the White House’s history of “SUE AND SETTLE CASES,”” which he said allows parties to circumvent federal statutes and regulations and receive large sums of money through settlements with the government.

“They’re getting political friends to sue them and settle without going to Congress,” he said.

A spokeswoman for the Justice Department said the agency is reviewing the complaint, but had no further comment.

——————————————————————–

Reported Sep 8, 2016 Iran Settlement

The $1.3 billion came from a fund administered by the Treasury Department for settling litigation claims. THE JUDGMENT FUND IS TAXPAYER MONEY THAT CONGRESS HAS PERMANENTLY APPROVED IN THE EVENT IT’S NEEDED, ALLOWING THE PRESIDENT TO BYPASS DIRECT CONGRESSIONAL APPROVAL TO MAKE A SETTLEMENT. The U.S. previously paid out $278 million in Iran-related claims by using the fund in 1991.

—————————————————–

Lankford Letter The Judgment Fund to Iran

Sep 16, 2016 – The Judgment Fund: History, Administration, and Common Usage. https://www.fas.org/sgp/crs/misc/R42835.pdf. Federation of …. In 1993, President Bill Clinton appointed James Lee Witt as FEMA Director. In 1996, the agency …

Sept 16, 2016 Lankford Letter The Judgment Fund to Iran

Who knew? I’d never heard of “THE JUDGMENT FUND” until I read the Lankford Letter.

HOW DOES THE JUDGMENT FUND OPERATE TODAY?

BY DEFINITION, IT REQUIRES NO FURTHER CONGRESSIONAL ACTION AND DOES NOT EXPIRE AT THE CLOSE OF ANY FISCAL YEAR.

THE APPROPRIATION MAKES AN “UNLIMITED AMOUNT OF FUNDS” AVAILABLE FOR PAYMENT OF CERTAIN JUDGMENTS AGAINST THE UNITED STATES.

NEGOTIATED AND AGREED TO BY THE DEPARTMENT OF JUSTICE.

——————————————————————————–

Senators Fischer and Lankford Introduce Bill to Expose Taxpayer Funds Transferred to Iran

http://www.fischer.senate.gov/public/index.cfm/2016/7/senators-fischer-and-lankford-introduce-bill-to-expose-taxpayer-funds-transferred-to-iran

———————————————————–

CNS – Legal Experts Defend Big US Payment to Iran

www.courthousenews.com/2016/09/…/legal-experts-defend-big-us-payment-to-iran.h…

Sep 7, 2016 – Congress has amended THE JUDGMENT FUND numerous times since, according to the testimony of Neal … 5, to account for $1.3 billion in interest.

——————————————————————-

Behind My Back | FEDERAL ISSUES AND REFORM

www.behindmyback.org/category/federal-issues-and-reform/
Sep 16, 2016

——————————————————————–

Obamacare Insurers Could Get Money From Government Fund

dailysignal.com/…/obamacare-insurers-could-get-billions-from-controversial-govern…

Mar 16, 2016 – The Obama administration’s use of THE JUDGMENT FUND has been the subject of … Health Republic Insurance of Oregon filed a $5 billion class action lawsuit … If the lawsuit leads to a settlement, the money could come from THE JUDGMENT FUND ….. It was upheld by the Supreme Court on June 28, 2012.

——————————————————

Good grief, we live in a country where anybody can sue anybody for “whatever”

When everybody in the world sues the US government for  “whatever” reason in the world….

And, congress won’t appropriate funds to pay for “whatever”

The billions and billions of dollars are  paid out of  THE JUDGMENT FUND for “whatever”

For the last 40 years 1977-2017 the billions of dollars in settlements for  “whatever” came out of  AMERICAN TAXPAYERS POCKETS

The bottom line

IF CONGRESS BROKE IT…

THE 2017 REPUBLICAN CONGRESS CAN FIX “WHATEVER” WE THE PEOPLE WANT

AND THAT INCLUDES OBAMACARE

Comments are closed.