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Every four months we take on a new injustice that someone in the Cascadia region is facing that is making a mess of their life. We titled this: Love and Kind Mess.
This Month, the ‘Love and Kind Mess’ investigative article is about a severely disabled, minority and long time community organizer in Olympia (who chooses to use the name Johnathan). Johnathan has volunteered with many not-for-profit groups including A World Beyond Capitalism Conference all five years, and many more groups for many years. In addition he has organized fundraiser events for non-profit groups starring Kimya Dawson and he has helped to set up websites and social networking sites for non-profit student groups and helped to advertise events for groups such as the Evergreen Women of color Coalition and helped them to set up their twitter account.
He was recently illegally evicted from his home in the middle of winter.
By clicking on this link you will find the entire, extremely criminal lease that Carol Flavell Payne (owner of the home) had her lawyers create and send to Johnathan. Carol P Flavell goes by several names including Carol Payne, Carol Flavell If the entire lease takes too long to open, you can click here to just see page three of the lease which mentions the $2,000.00 per month rent increase requiring an advance payment of $3,224.81. Only Johnathan’s name has been changed in the lease for privacy and his email address have been removed.
Johnathan had occupied the home Since August 2008 (almost a year and a half) on a work trade agreement in which he received free rent. He recently helped Carol to organize a show at the Washington Center for the Performing Arts on Dec 22 and Dec 23. Directly afterwards Carol took a trip to Port Townsend and rented the Penthouse Suite at the Swan hotel, bought a new two seater Red European Sports Car, a van, booked a month long trip for countries around Europe for her adult son, Micah Jones and her boyfriend Andre Nkouaga (to start in February 2010) and then told Johnathan that she is poor and that Johnathan should continue to work for free… in addition to paying rent. When Johnathan informed her that it was illegal to raise the rent without advance notice, Carol contacted a lawyer. On January 15th, 2010 using a crafty legal trick, Carol used her law firm to send Johnathan a criminal lease attempting to raise his rent by $2,000.00 per month, for a tiny room in her basement, with less than one day’s notice.
You will see that the $2,000.00 per month rent simply covers the rent for the smallest room (about the size of a walk in closet with two ground level windows) in the house in the basement that Johnathan occupied…and you will see on ‘Section Eight – Utilities’ in the lease that the $2,000.00 per month does not cover utilities.
Johnathan contacted several volunteer lawyers to ask questions and all the lawyers stated it was completely illegal on many levels and that Johnathan should contact the police if evicted as an ‘Ejectment’ order would be needed to legally evict someone.
When Johnathan got home at 113 18th Avenue SE he found that he was locked out. Not only were the doors locked but the screen doors were locked as well. He called 911 to notify the police as he had been advised and Officer Brown informed Johnathan that it was a Civil Case and the police could not help because they would be held liable. The phone call was police 911 case number 100150440.
All of Johnathan’s food, clothes, medicine and life’s belongings are in the his small room in the home.
on January 15th, 2010, Johnathan called Carol’s law firm to ask them why Carol had done this illegal action of locking him out and evicting him. Jay Goldstein of Jay A Goldstein law office laughed a little and then informed Johnathan “…She wants you out of her home…”
So the action of raising the rent to over $2,000.00 with less than one day’s notice and less than one day given to urn the form in was simply a legal trick to illegally evict Johnathan.
This is the Love and Kind Mess investigative report. If you want to report an injustice that has happened to you and made a mess of your life to be featured on the WeAReCascadia.org website, please send it to us with as much details as possible. If selected, we will feature it on this website for four months.
Please send email for information about this case to the following address:
Excerpts of Self-incriminating emails from Carol are below:
from cp flavell
date Fri, Jan 8, 2010 at 9:40 PM
“I’ve reviewed your two messages with Micah and Andre, the
other two directors of Thunderbolt,”
-Crime – Andre is on a temporaryVisa from overseas and Carol has been illegally employing him in the Thunderbolt business not only as an employee but as a Director of the business.
Quote From Carol
“You were brought on as an unsalaried
caretaker and agreed to cover the utilities in exchange for the use of the house. This does not constitute a
tenant arrangement (at least according to my lawyer). It did, in fact, constitute a work agreement”
-Crime – Carol has illegally evicted Jonathan from her home. Jonathan in fact is a Tenant-At-Will. To read the Wikipedia definition of Tenant-at-will please click here.
Quote from Carol:
Sent: Jan 7, 2010 11:40:23 PM
Subject: Fw: Forwarded Contact:Phone call
I have just reviewed the message that you sent to [Johnathan]
and I want to clarify the situation and see how we can resolve it.
[Jonathan] manages my house and parts of my business when I
am out of the country (I was working in Ivory Coast for most of 2009. [Jonathan] is authorized to use both my credit card and checking account in my absence.) … [Jonathan's] purchases were
not fraudulent, he had authorization to use my credit card
-Crime – Carol has sent emails to Johnathan stating that she will falsify a police report if Johnathan will not work for free and do 20-40 hours of inventory work for her on the thousands of dollars of Amazon.com purchases that Carol authorized.
from cp flavell
to [Johnathan, member of MALU]
date Thu, Aug 21, 2008 at 4:24 PM
subject Re: Proposal
Dear [Johnathan, member of MALU],
Don’t worry about me, as I said in the first para, we might be using the same word in a different way.
[The neighbor across the street] is supposed to water every other day at a minimum and that means a real good soak, not a quick spray. He is paid through mid September (I paid him $10 a week for 10 weeks in early July).
Here’s what I’d like to suggest… You can have 25% of any rent for any additional tenants you screen and invite to live in the house. The rest of the rent would go to my funds… Micah is not coming back for at least a year, so his room is also available. Also, just a fine point, if you decide to do things like insulate windows with plastic for window or purchase household use cleaning supplies once the initial clean up is over, those costs should be at your (or household member shared) expense. I agree it is important to put things in writing, and that was my expectation and understanding when we discussed your management. I think we agree on this but just want to make sure.
One note on tenants: fine to put your expectations in writing but please do not execute an official lease. The terms of my house and furnishings insurance do not permit me to operate the house as a rental, it will put me at great liability and also since the insurance on the furnishings there is linked to the insurance on my stuff being shipped, I would have a big problem. So you can’t write anything that resembles or could be construed as a rental agreement or contract, even if you don’t sign it. Make sense? If you want me to review it in advance I know a lot of real estate law and can provide insights.
If you can look in the box in the front upstairs bedroom and find a gas/electric bill, let me know the billing cycle and then I’ll look up my bank account to figure what is being debited and when. For water, sewer, garbage, the bill is consistently $180 to $190 every two months so just use half of that for monthly budget balancing.
[Johnathan, member of MALU], I know you are doing a top-notch job and appreciate that you are not in transition, I feel like I can depend on you for as long as I need a caretaker, and just so you know that could well be a substantial amount of time. So settle in and enjoy yourself. If we move back to the house, assuming Andre agrees (and I’m sure he would) you are welcome to stay on with us. it is wonderful to have such positive energy in the house.
Things are really, really moving forward quickly on the music scene so once Andre gets here next week you will probably hear from us within a month or so about web site development needs.
-Crime – Carol has sent emails to Johnathan asking him to participate in her home owners insurance fraud. When Johnathan informed her he did not want to participate she evicted him.
from cp flavell
date Fri, Jan 8, 2010 at 9:40 PM
“I’ve reviewed your two messages with Micah [Jones] and Andre [ Nkouaga], the
other two directors of Thunderbolt,”
from cp flavell
to [Member of MALU]
date Thu, Oct 29, 2009
subject Re: Christmas
Hey [Member of MALU],
“I haven’t mentioned this, but Micah got himself in deep shit back east that has cost about $10K a month [in legal fees] for the past few months, and he is probably also coming here.”
Carol has stated that she paid $10K a month in legal fees for Micah because Micah was reported for fraudulent checks on the East Coast.
The Checks numbers of the checks that were illegally bounced in Olympia are below:
#1472 the names printed on the Checks were Carol Flavell and Andre Nkouaga
#1475, the names on the Checks were from Carol Flavell and Andre Nkouaga.
#1478, the names on the Checks were from Carol Flavell and Andre Nkouaga.
#1486, the names on the Checks were from Carol Flavell and Andre Nkouaga.
Is Carol Payne Flavell using her position for corruption?
When you google the name Carol Payne Flavell this is what comes up: “United States Agency for International Development” (USAID)” and “
Deputy Director at United States Agency for International Development, Washington, DC –
The following names appear beside Carol’s name on this page. United States Agency for International Development.
- Jay Knott
- Mauricio Vera
- John Tsagronis
Policy Implementation and Execution Senior Director
- Randy Smith
- Theodore Grolimund
Information Technology and Special Audits Division Director
- Jenny Pascua
- Li-Ping Lin
- Oscar Pereira
- Jeff Markovitz
- Dewey Perks
DART Operations Leader
This page lists her as retired in the following list:
RetiredMaribess ArmstrongMore importantly, is Carol Payne Flavell using her position to pay for music videos for Andre, her boyrfriend?
Wanda R. Dixon
Carol Payne Flavell
Donald M. Harrison
Ronald D. Harvey
Joseph F. Lombardo Jr.
Carol A. Peasley
Paulette M. Prestwood
Gerald C. Render
Christine M. Wegman
This is what the United States Agency for International Development” (USAID) website states:
In broad terms, USAID focuses on corruption as the misuse of public office for private gain. It encompasses abuses by government officials such as embezzlement and nepotism, as well as abuses linking public and private actors such as bribery, extortion, influence peddling, and fraud. Corruption arises in both political and bureaucratic offices and can be petty or grand, organized or unorganized. Though corruption often facilitates criminal activities such as drug trafficking, money laundering, and prostitution, it is not restricted to these activities. For purposes of understanding the problem and devising remedies, it is important to think of crime and corruption as two separate problems.To read a list of Carol’s emails in which she specifically takes money and raises money for the music video projects of her boyrfriend, Andre Nkouaga please click here.
Corruption poses a serious development challenge. In the political realm, it can seriously undermine democracy and good governance. Corruption in elections and in legislative bodies reduces accountability and representation in policymaking; corruption in the judiciary suspends the rule of law; and corruption in public administration results in the unequal provision of services. More generally, corruption weakens government institutions by disregarding official procedures, siphoning off the resources needed for development, and selecting or promoting officials without regard to performance. At the same time, corruption undermines the legitimacy of government and such democratic values as trust and tolerance.
Corruption also undermines economic development. In the private sector, corruption increases the cost of business through the price of bribes themselves, the management cost of negotiating with officials, and the risk of breached agreements or detection. Although some claim corruption reduces costs by cutting red tape, an emerging consensus holds that the availability of bribes induces officials to contrive new rules and delays. Corruption can also shield companies with connections from fair competition, thus allowing inefficient firms to survive.
Corruption also generates economic distortions in the public sector by pulling public investment away from education and into projects where bribes and kickbacks are more plentiful. Corruption also lowers compliance with construction, environmental, or other regulations; reduces the quality of government services; and increases budgetary pressures on government.
The First Amendment consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances
The right to petition the government for a redress of grievances is our first Amendment right and we are entitled to use it for government employees!
Please send emails about Carol Flavell and Andre Nkouaga in this ongoing investigation to the following address:
Legal Notice for Journalists Contributing information to the PeaceCommunitiesSolidarityBlog at www.SaveThePoorBrownChildren.org news organization
The Penal Code states that “no warrant shall issue for any items”, which protects information obtained in protection of a news organization. The Court of Appeal has previously found that these protections apply to online journalists (O’Grady v. Superior Court).
Copying, modifying, displaying, performing or distributing another’s work beyond the suggestions of the Fair Use Rules of Thumb may still be a fair use, so we suggest you use the four-factor fair use test to determine that. You may confer with the Office of General Counsel or follow the published procedures for making fair use determinations. There is one special provision of the law that allows a court to refuse to award any damages at all if it so chooses, even if the copying at issue was not a fair use. It is called the good faith fair use defense [17 USC 504(c)(2)]. It only applies if the person who copied material reasonably believed that what he or she did was a fair use – as would likely be the case if you followed this Policy! If you qualify for this defense, it makes you a very poor prospect for a lawsuit
First amendment: an overview
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. See U.S. Const. amend. XIV.
Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the “separation of church and state.” Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of “blue laws” is not prohibited. The free exercise clause prohibits the government, in most instances, from interfering with a person’s practice of their religion.
The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. For more on unprotected and less protected categories of speech see advocacy of illegal action, fighting words, commercial speech and obscenity. The right to free speech includes other mediums of expression that communicate a message. The level of protection speech receives also depends on the forum in which it takes place.
Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.
The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual’s current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.
The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly by allowing people to join together and seek change from the government.
Please keep in mind that the information presented here is only general information. True legal advice must be provided in the course of an attorney-client relationship specifically with reference to all the facts of a particular situation. Such is not the case here, so this information must not be relied on as a substitute for obtaining legal advice from a licensed attorney.