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"The question is not whether the INS showed poor or erroneous judgment in terminating plaintiff. You are not to second-guess or judge the wisdom of the INS's actions. An employer is entitled to make an employment decision for a good reason, a bad reason, or for no reason at all, so long as the decision is not motivated by unlawful discrimination.  It is not enough for you to disbelieve the INS's explanations for its actions. The fact that the proffered reason was false does not necessarily mean that the true motive was the illegal one argued by the plaintiff." (judge Shira Scheindlin's charge to the jury Pages 23-24 below)

Note: For some inexplicable reason Judge Scheindlin refused to allow documented evidence of rampant terrorist friendly corruption that Caryl Leventhal was attempting to stop.  Ms. Leventhal was a whistleblower attempting to stop the corruption that was allowing thousands of criminals and potential terrorists into America. 

Many in INS Section 245 where she worked were subsequently arrested for this profitable trade in selling green cards, to say nothing of processing applications for residency without proper background checks.  Prior to her termination, Caryl Leventhal met with agents from the US Department of Justice who had come from Washington DC.  It was here that she explained what was going on.  In 1998, all of Ms. Leventhal's allegations were supported by newspaper articles in an expose where many were arrested.  Unwillingly, it was supported in the deposition of the US Attorney's main witness, Brenda Grant.

The basis of discrimination for Whistleblowing is not considered unlawful discrimination in this type of suit.  But this type of litigation is the only one allowable because the government sets the rules when filing against them.  On the other hand, work environment IS relevant, particularly one laced with the subsequently confirmed criminal and "terrorist friendly" activity Ms. Leventhal was attempting to stop.

Caryl always contended that she was harassed and brutalized in order to shut her up, force her out  and replace her. She was different ethnically and had a physical vulnerability that could be exploited.  She was a whistleblower and a threat.  But none of this very relevant testimony and substantiated documentation was allowed in testimony.

Sadly, the American people will probably pay for the actions and attitudes of the US Department of Justice, Immigration and Naturalization Service, US Attorney's Office and judge Scheindlin.  They will pay for it by increased domestic crime and possible terrorism against the American people. 

THE UNANSWERED QUESTIONS: Why did judge Shira Scheindlin keep from the jury and court record, evidence and testimony of the rampant terrorist friendly corruption Caryl Leventhal was attempting to stop (You can find it by going to the Sworn Deposition of Brenda Grant).

Why did Judge Shira Scheindlin refuse to allow Caryl Leventhal a short time to secure a new attorney when the one she had was issued a letter of admonition by the courts on September 26, 2000 (the day he was to represent Caryl Leventhal in court concerning her complaint against the US Department of Justice) "for conduct that adversely reflects on his fitness as a lawyer."  (On January 6, 2004, Caryl's former lawyer will be suspended from practicing law under charges of "conduct involving dishonesty, fraud, deceit or misrepresentation."

Why did Eric B. Fisher, Deputy US Attorney place winning a case over information from this whistleblower that could warn the American people of terrorism?  Why did Alan R. Kaufman, Chief of the US Attorney's (Southern District) Criminal Division threaten The Leventhal family with arrest and prosecution if they didn't censor this website to place the US Department of Justice in a better light?  Why are they working to place America at risk?

 

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------x
CARYL 8. LEVENTHAL,
VERDICT SHEET
- against - 99 Civ. 10405 (SRS)

HON. JANET RENO, ATTORNEY
GENERAL FOR THE UNITED STATES,

Defendant.
---------------------------------x

SHIRR A. SCHEINDLIN, U.S.D.J

SECTION A: PLAINTIFF'S CLAIMS

I. Reasonable Accommodation

1. Did plaintiff  prove by a preponderance of the evidence that defendant failed to make reasonable accommodations for her disability as required by law?


Answer "yes" or "no" Answer


II. Hostile Work Environment

2. Did plaintiff prove by a preponderance of the evidence that defendant subjected her to a hostile work environment on account of her religion?


Answer "yes" or "no" Answer


III. Wrongful Termination

3. Did plaintiff prove by a preponderance of the evidence that her religion was a motivating factor in her termination?


Answer "yes" or "no" Answer


4. Did plaintiff prove by a preponderance of the evidence that the sole reason she was terminated was because of her disability?

Note:  The deal cut between the US Attorney and judge Scheindlin was made when the jury was out to lunch during the testimony of plaintiff's husband, Michael Leventhal.  You can read the entire context by clicking on this hyperlink: "Back Door Law." It is a Catch 22 that attempts to trash liability in an obvious case of brutality.   It meant that since Caryl Leventhal claimed several reasons for discrimination, the jury should not find liability due to physical discrimination.



Answer "yes" or "no" Answer


You may stop here and skip Section B if you have answered "NO" to all of the above questions.
SECTION B: PLAINTIFF'S ALLEGED DAMAGES

1. Did plaintiff prove by a preponderance of the evidence that she has suffered actual compensatory damages for mental pain and emotional distress that were caused by defendant's discriminatory conduct and that she should be compensated by an award of monetary damages?


Answer "yes" or "no" Answer


If you have answered "NO" to Question 1, write "One Dollar" as the answer to the next question, to represent an award of nominal damages.


2. What amount of money will fairly and reasonably compensate plaintiff for any compensatory damages for mental pain and emotional distress that were caused by defendant's discriminatory conduct?

                                                    Answer $


You are completed with your deliberations. Please sign and date this form where indicated below.


Dated: September _, 2000

New York, New York


Signature of Foreperson

 

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Commentary and Editor's Notes written and Copyright © by:  LTC Michael G. Leventhal

Copyright 2000  Reproduction with written permission.  Contact: Michael @Justice-Denied.net