The
address for the Boycott Brazil homepage is:http://www.brazilboycott.org
June 15, 1998 REQUEST FOR ADMISSIONS FROM DEFENDANT SHEILA REGAN FAULKNER, in LAMBROS vs. FAULKNER, Civil No. 98-1621.
JOHN GREGORY LAMBROS, #00436-124
USP Leavenworth
PO Box 1000
Leavenworth, Kansas 66048-1000, USA
Web site:
http://www.brazilboycott.org
Plaintiff,
vs.
ESTATE/WILL/BUSINESS INSURANCE OF DECEASED ATTORNEY CHARLES W. FAULKNER, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA
ATTORNEY SHEILA REGAN FAULKNER, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA
FAULKNER & FAULKNER, Attorneys-at-Law, 2680 Sumac Ridge, St. Paul, Minnesota 55110 USA;
JOHN & JANE DOE'S, persons employed by Attorney C.W. Faulkner, Sheila Regan Faulkner and Faulkner & Faulkner in the representation of John Gregory Lambros;
Defendants (Severally and jointly liable).
DEMAND FOR TRIAL BY JURY, Title 28 USC Rule 38 & 39.
COMPANION CASE NO.U.S. vs. LAMBROS, Criminal File No. CR-4-89-82(05), District of Minnesota, Eighth Circuit Court of Appeals No. 65 F.3d 698 (1995).
Plaintiff Lambros requests Defendant Sheila Regan Faulkner within thirty (30) days after service of this request to make the following admissions for the purpose of this action.
A. Each of the following statements are TRUE.
1. Faulkner & Faulkner was a law firm located at Suite 500, 701 Fourth Ave. South, Minneapolis, Minnesota 55415 in the following years, 1992, 1993 & 1994.
2. Attorney Charles W. Faulkner worked at Faulkner & Faulkner in 1992, 1993 & 1994, and was a partner in the law firm.
3. Attorney Sheila Faulkner, the wife of C.W. Faulkner, worked at Faulkner & Faulkner in 1992, 1993 &1994 and was a partner in the law firm.
4. Faulkner & Faulkner employed and/or contracted individuals and corporations/companies as attorneys, paralegals and investigators.
5. Faulkner & Faulkner represented Plaintiff John Gregory Lambros in U.S. vs. LAMBROS, No. CR-4-89-82(05), District of Minnesota in 1992, 1993 & 1994 through sentencing.
6. Faulkner & Faulkner was paid on a hourly basis by the U.S. Federal Government to represent Plaintiff Lambros in U.S. vs. LAMBROS, CR-4-89-82(05).
7. Faulkner & Faulkner did not subpoena witnesses during the representation of Plaintiff Lambros.
8. Faulkner & Faulkner did not contact Brazilian Attorneys Carlos Roberto Schlesinger, Brazilian Order of Attorneys, Rio de Janeiro, Brazil #30.054 and Attorney Nelio Roberto Seidl Machado, Brazilian Order of Attorneys, Rio de Janeiro, Brazil #23.532 who represented Plaintiff Lambros during extradition proceedings from Brazil to the State of Minnesota in U.S. vs. LAMBROS, CR-4-89-82(05).
9. Faulkner & Faulkner did not contact or interview employees at Abbott Northwestern Hospital, Minneapolis, Minnesota or the U.S. Marshals that escorted Plaintiff Lambros to Abbott Northwestern Hospital during the representation of Plaintiff Lambros in the years 1992, 1993 and 1994.
10. Faulkner & Faulkner did not understand or know or apply the law as to the criminal sentence Plaintiff Lambros could receive if convicted of conspiracy to distribute cocaine in U.S. vs. LAMBROS, CR-4-89-82(05).
11. Faulkner & Faulkner informed Plaintiff Lambros that he could only receive a mandatory life sentence without parole if he was found guilty of conspiracy to distribute cocaine in U.S. vs. LAMBROS, CR-4-89-82(05).
12. Faulkner & Faulkner are guilty of the following injuries to Plaintiff Lambros due to the ruling by the Eighth Circuit Court of Appeals in U.S. vs. LAMBROS, 65 F.3d 698 (1995):
a. breach of duty (as defined in Black's Law Dictionary);b. failure to exercise due diligence;
c. negligence;
d. improper advice;
e. failure to interview and subpoena witnesses;
f. failure to consult with and communicate with Plaintiff Lambros;
g. failure to understand or know or apply the law.
13. Employees of Faulkner & Faulkner have received letters from clients as to failure to communicate regularly.
14. Sheila Regan Faulkner has not responded to the COMMERCIAL LIEN pleadings she was served, from Plaintiff Lambros. The title of the COMMERCIAL LIEN pleadings are: 1) October 16, 1997, A SECURITY (15 U.S.C.) CLAIM OF COMMERCIAL LIEN AND AFFIDAVIT and the October 16, 1997, PARTIAL LIST OF PROPERTY TO BE SEIZED AND HELD IN ESCROW FOR FUTURE SATISFACTION OF THIS COMMERCIAL LIEN, MAKING THIS LIEN A SECURITY REPRESENTING LIEN CLAIMANTS EQUITABLE INTERESTS. Served on October 20, 1997 to S.R. Faulkner via U.S. Certified Mail No. P-009-652-488. 2) February 6, 1998 NOTICE OF DEFAULT, "A SECURITY (15 U.S.C.) CLAIM OF COMMERCIAL LIEN THAT WAS FILED ON OCTOBER 20, 1997, and AFFIDAVIT with exhibits, served on February 13, 1998 via U.S. Certified Mail No. P-192-019-247, RETURN RECEIPT that was signed and returned to Plaintiff Lambros. 3) April 5, 1998, DEMAND FOR PAYMENT, A SECURITY ( 15 U . S . C . ) CLAIM OF COMMERCIAL LIEN THAT WAS FILED ON OCTOBER 20, 1997 and AFFIDAVIT served on S.R. Faulkner on April 6, 1998 via U.S. Certified Mail No. Z-109-975-356, RETURN RECEIPT signed and returned to Plaintiff Lambros.
15. Faulkner & Faulkner carried insurance coverage against claims based on negligence in 1992, 1993 and 1994.
16. Attorney Charles W. Faulkner carried insurance coverage against claims based on negligence in 1992, 1993 and 1994.
17. Attorney Sheila Regan Faulkner carried insurance coverage against claims of negligence in 1992, 1993 and 1994.
18. Attorney Charles W. Faulkner is dead.
19. Attorney Charles W. Faulkner had life and/or term life insurance when he died.
20. Attorney Charles W. Faulkner made a disposition (will) of his real and personal property to take effect after his death.
21. Attorney Charles W. Faulkner researched the law as to the criminal sentence Plaintiff Lambros could receive if convicted of conspiracy to distribute cocaine in U.S. vs. LAMBROS, CR-4-89-82(05), before plea bargain negotiations started between Plaintiff Lambros and U.S. Assistant Attorney Douglas Ray Peterson and reviewed the March 7, 1990 letter from the U.S. Marshals, District of Minnesota, to the Chief Postal Inspector with U.S. Assistant Attorney Douglas Ray Peterson.
22. Plaintiff Lambros did not have knowledge and comprehension of the full and correct information that affected his decision and willingness to go to trial? (See, U.S. vs. JOHNSON, 1 F.3d 296, 302 (5th Cir. 1993)(en banc)(In the context of a defendant acceptance of a plea of guilty, the harmlessness inquiry naturally should focus on "whether the defendant's knowledge and comprehension of the FULL AND CORRECT information would have been likely to affect his willingness to plead guilty.) & U.S. vs. HERNDON, 7 F.3d 55, 58 (5th Cir. 1993)(the relevant question is not "whether the mandatory minimum had an effect on the sentence . . . [but] whether AWARENESS of a mandatory minimum would have affected the defendant's decision to plead guilty.")
23. Faulkner & Faulkner has not responded to the COMMERCIAL LIEN pleadings they were served by Plaintiff Lambros.
24. Defendants researched the PLEA AGREEMENT AND SENTENCING GUIDELINES RECOMMENDATIONS of Thomas B. Heffelfinger, U.S. Attorney and Douglas R. Peterson, Assistant U.S. Attorney dated November 16, 1992 that was received by defendants on November 16th or 17th, 1992 and mailed to Plaintiff Lambros on November 17, 1992, with the recommendation to accept the governments offer, due to the fact that it would avoid a mandatory life term without parole.
25. Sheila Regan Faulkner, Defendant in this action agrees with all statements within Plaintiffs initial Declaratory Judgment Action/Complaint filed and served to the United States District Court for the District of Minnesota in this action and all statements within the Commercial Lien filings she has received to date.
DATED: June 15, 1998
Signed:
John Gregory Lambros, Pro Se
Reg. No. 00436-124
USP Leavenworth
P.O. Box 1000
Leavenworth, Kansas 66048-1000
The
address for the Boycott Brazil homepage is:
For more information write (snail mail) JOHN GREGORY LAMBROS directly at:JOHN GREGORY LAMBROS
Prisoner No. 00436-124
U. S. Penitentiary Leavenworth
PO Box 1000
Leavenworth, KS 66048-1000
USATHANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.