The chance for a qualified practicing attorney overturning a District Judges' Opinion in the Court of Appeals is very difficult at best.

The chance of a non-attorney representing himself pro se and filing an appeal to overturn a District Judge's opinion is probably one in a billion especially if many of the defendants in that lawsuit are attorneys with large prominent law firms as co-defendants.

Judges are not interested in "justice." They want to get by as easily as possible and try to settle most cases without going to trial. Many federal judges beat both sides in a lawsuit into submission if they do not want to try a difficult case.

My RICO action had all the elements of a perfect personal RICO complaint. I had a Mafia connection with numerous bankruptcy frauds. I had Wall Street securities Fraud coupled with Teamsters' Pension Money fraud. I had bribery of Medina County Prosecutor Happ coupled with his perjured claim against my bankrupted company.

There were both wire and mail frauds and the massive bankruptcy frauds were so numerous and extensive that the two acts needed in a ten year period were represented by thousands of frauds in less than an eighteen month period.

The conspirators had continued to defraud me throughout the lawsuit by hiding evidence that would prove my personal RICO damages. Had it not been for the thousands of hours I expended in looking through nearly two million documents, I would never have discovered nearly a dozen letters and documents that the defendants had concealed from me during the discovery period!

The easiest way to explain personal RICO damages which allows an individual to sue under the Civil RICO law is this:

The conspirators have to commit two illegal acts within a ten-year period that are related to the same situation. The specific acts violated must be criminal acts of the following nature: bribery; bankruptcy fraud; wire frauds; mail frauds. The defendants cannot use illegal money to acquire a business (enterprise); cannot use illegal tactics to acquire a business (enterprise); cannot operate a business (enterprise) in an illegal fashion or conspire to do any of these acts.

Additionally, at the time the conspirators do any of the illegal acts with the intent of operating the business in an illegal manner should they cause direct damages to an individual at the time the acts are committed, then that individual has a right to sue the conspirators for those direct damages.

I was damaged directly by the conspirators in two different specific actions while they were running Pro Arts.

Old Phoenix National Bank, Hallman and Bramley had illegally transferred the money in the Federally Ordered Lock Box to the equipment loan the bank had pending at the time the company first came out of the Chapter 11. When the bank did this without the court's permission and fraudulently represented in court that the bank would only receive $160,000.oo at the time of confirmation, I was damaged by the Internal Revenues' claim against me for unpaid withholding taxes and unpaid social security taxes that were charged against me. The $112,000.oo in the Lock Box was to be used to pay down the IRS obligations pending against me. Now, Old Phoenix had received nearly $284,000.oo at time of confirmation and not the $160,000 to which Stewart had testified in court.

The second easiest direct damages to me caused by the conspirators was their desire to prevent me from obtaining any money or anything to sell so I could not compete with the new company in the poster industry! I found Stewart's memo to Beckman stating that both Stewart and Dietrich would do everything to prevent me from trying to stay in the poster business. This was also stated in another letter from Dietrich to Beckman regarding the back rents due the real estate partnership in which Dietrich suggests to Beckman that Old Phoenix should press their foreclosure on our buildings rather than pay the back rents!

A third direct damage was the fraudulent "gift" the conspirators had made to Mihalik and Cantwell in off-setting the $225,000.oo final judgment against the bogus $500,000 claim they gave Cantwell and Mihalik in order to keep them from appealing the fraudulent Bankruptcy Plan.

The one undisputed fact that dominates the entire bankruptcy period is the conspirators' collective efforts to do everything they could to confirm the final fraudulent Chapter 11 Plan.

There were so many false representations in the Disclosure Statement and Amended Plan that to list them here would fill another entire chapter. The fact that Faherty had written a bogus $600,000 check with the specific purpose of showing the judge the check to confirm the plan illustrates the extent that each person was involved in desperately confirming the plan. Dietrich deliberately omits the clause in Judge White's order that specifically made the confirmation of the plan contingent upon "verifications of the funds of that check being on deposit in the New York bank." Dietrich lied to the Court, the creditors and me.