
UCAN's Sunrise alternative saves consumers $1.18 billion
Consumer group disputes SDG&E claim
By Dave Downey - Staff Writer
North County Times June 19, 2007
NORTH COUNTY -- The head of a consumer watchdog group Tuesday defended the group's support for a $120 million alternative to the $1.3 billion power line San Diego Gas & Electric Co. wants to build across the desert and mountain backcountry.
Responding to utility charges over the weekend that the group grossly underestimated costs, Michael Shames, executive director for the Utility Consumers' Action Network, stood by its $120 million estimate.
"Our proposal would achieve the same goals for one-tenth the cost," Shames said, in a meeting with the North County Times editorial board.
With the goals of boosting the reliability of San Diego County's power supply and bringing in power from nonfossil-fuel sources such as solar, wind and geothermal energy, the utility is proposing to build a 150-mile superhighway of electricity.
Dubbed the Sunrise Powerlink, the 500-kilovolt transmission line would run from El Centro to San Diego. Strung from towers as tall as 150 feet, its wires would wind through Anza-Borrego Desert State Park, Ranchita, Santa Ysabel, Ramona, Rancho Penasquitos and Carmel Valley.
The project is supported by many in the business community. It is sharply opposed by environmentalists and many residents of the communities the wires would cross, as well as local utility critics such as the Utility Consumers' Action Network.
In defense of the power line, San Diego Gas & Electric Co. filed 260 pages of reports with the California Public Utilities Commission late Friday, challenging reports filed earlier in the month by opponents.
In the latest filing, the company charged that the San Diego-based consumer group underestimated the cost of its alternate plan by more than $100 million.
As a result, the plan "crumbles under the microscope," Scott Crider, San Diego Gas & Electric Co.'s public affairs manager for the Sunrise Powerlink, said in an interview Friday.
The group's plan calls for upgrading the existing 230-kilovolt transmission line that runs along the coast instead of building a new power line. The coastal line connects San Diego Gas & Electric's territory in San Diego and southern Orange counties with Southern California Edison's territory to the north.
Crider said the group missed the point that its proposal would require upgrading the smaller wires that extend from the transmission line to deliver electricity to businesses and homes.
In the editorial board meeting, Shames disputed the company's assertion that the group made a mistake.
But even if it should turn out that San Diego Gas & Electric Co. is right and the cost is $100 million higher, the alternate plan still would be less expensive and deliver more bang for the buck than would the Sunrise Powerlink project, he said.
"Not only does this project not make sense environmentally, because it goes through a state park, it doesn't make sense economically," Shames said.
Utility officials say the power line would be designed to deliver 1,000 megawatts, boosting San Diego County's electricity supply by 20 percent.
The consumer group's proposal would boost the supply by 350 to 400 megawatts, Shames said.
A megawatt is the standard measuring unit for electricity. Typically, it is enough to keep the lights on in 1,000 homes, although much more is required on hot summer days.
The Public Utilities Commission filings, called testimony, will help frame a vigorous Sunrise Powerlink debate that is scheduled to take place in hearings throughout July in San Diego. The commission is scheduled to decide in January whether to grant permission to build the line.
After reviewing the most recent filings, San Diego County business leaders issued a news release Tuesday reiterating their support for Sunrise.
"Reliable power is the cornerstone of long-term economic prosperity," said Barbara Walden, chairwoman of the Community Alliance for the Sunrise Powerlink and president of the Downtown San Diego Partnership. "Delaying the Sunrise Powerlink is too big a risk for an economy so dependent on reliable power."
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Hidden beneath the Rockies lies a big oil field! 2 trillion barr
Hidden beneath the Rockies lies a big oil field! 2 trillion barrels
Let us say it is true. How come everyone is not running to exploit it, like they exploit any other economic and financial benefit?
The other aspect is how much energy, and at what cost – financial and ecological, is it going to take to heat the oil shale up and extract the oil.
I suggest conserving resources; we should use renewable energy, such as Solar and Wind energy etc. to heat up the shale.
Another issue is they are waiting for oil to reach $200 per barrel so the government can reduce the deficit and outstanding loans.
I hope that is the truth and that there are no hidden agendas.
Technological hurdles to extract oil from shale
"Despite all the attempts to develop a shale oil industry in the United States over the past 100 years, the fact remains that no proven method exists for efficiently moving the oil from the rock. There are a number of candidate processes possible, but none has demonstrated a practical capability to produce oil."
Experts with field experience who are bullish on the prospects for America's oil shale. But they recognize that, here and now, we are still not there yet technologically.
There are a number of problems yet to be solved before US oil shale can be recovered on any type of meaningful scale, let alone a mass scale. And getting the extraction technology right is only one monkey wrench in the works with US oil shale. There are others.
For example, there are questions of air quality regarding domestic oil shale operations. How badly would these operations pollute the air? Would the levels be acceptable? Shell isn't sure.
There are questions of water availability. During the extraction process, how much water would be required?
Experts are not sure. An early "guess" is two to three barrels of water per barrel of shale. This could be a conservative estimate. Either way, will the massive amounts of water necessary for heavy-duty shale extraction even be available in the first place, given that the Colorado River Basin is already running low?
You also need to account for the environmental and ecological damage and restoration to pre-drilling condition.
American technology and knowhow will find the answer – all you have to do is wave the dollar bill in front of corporate America and they will find the answer “by hook and by crook”. Then the executives, the shareholders and the politicians will laugh all the way to the bank.
Yehuda Draiman
Effective ways to dispute utility bills cable/dish bills
Effective ways to dispute utility bills cable/dish bills
On December 31st, 2007 Yehuda Draiman says:
Effective ways to dispute utility bills cable/dish bills
Do not get intimidated by the Utility companies
Start with the source – your local service provider.
Find an advocate. CUB, BBB, Etc.
Try city, state, national and federal organizations.
Remember deregulated service providers are also required to follow local regulations.
Resolving billing issues
If you stay calm and collected you can effectively dispute utility bills, solve the problems and maybe recruit some free help along the way.
It is very common to find errors and various unknown or unauthorized charges on your telecom bill (Telephone, Cellular, Data-Internet Etc.). Review your bills monthly. (Telecom companies bill a month in advance).
Water and sewer bills should also be reviewed in detail, you may be able to reduce you sewer charge (especially if you are watering lawn, pool and pond) or if you have no meter, reduce the monthly charge based on size and consumption.
Many third party deregulated Gas and Electric suppliers who contend that they save you money, actually cost you more. Review the charges versus your local regulated utility company. Insist that they guarantee a lower price and savings over the local regulated gas or electric company. Verify the accuracy of the billing including quantity delivered (therms, KWH).
That king-sized electric bill or gas bill may be appropriate for a family of five, but no way is it right for just you and your spouse. (avoid estimated billing)
Or, maybe your cable/dish company is dunning you for a pay-per-view movie you never ordered.
Errors and overcharges occur from time to time on utility bills and cable/dish bills, and they're usually not in your favor. Sometimes, a quick call to the company can resolve the mishap simply. Other times, disputing a utility bill is not so easy.
Don't let a ridiculous charge send you into a fuming rage, venting your frustrations to the customer representative or screaming for a lawyer. Keep your cool and voice your complaint in detail.
Start with the source. (Your local service provider)
Prepare before you contact the company. Have your current bill, past bills and any canceled checks in front of you. Make sure you have your account numbers and passwords if there are any. Have a notepad and pen handy because you'll want to make notes throughout the conversation and also get information about the customer service representative.
Figure out by how much you want to get the bill reduced, but be realistic about what you would accept for a settlement. Then, contact the company when it's least busy. Friday mornings are good times to call. Avoid Mondays and the days after holidays, since those times are the busiest.
Create the mood. Firm and aggressive presentations work as long as they are not combative. Tell the customer representative you have a problem with the bill that both of you need to review.
When you talk with the customer representative do the following:
Write down the date and time you talked with the person.
Ask for the person's name, identification number and extension before you begin to discuss the bill.
Ask if there's a case number, and jot it down.
Go through the bill line by line to determine the cause of the problem.
Ask what the expected turnaround will be for the resolution.
Write down any price quotes and/or charge adjustments. Ask the customer representative to do the same in the company's computer database.
Call at a different time if you have problems with the representative. Speak to the manager if disagreements persist.
Follow up the call with a letter to the company. The information collected during the phone call should be included in the note. Make sure you sign it.
If all else fail, ask for a supervisor or executive appeals division.
If you are not satisfied. File a complaint with the Utility Commission in your State.
In order to win disputes with utility companies you must keep thorough documentation to prove your points.
Find an advocate.
Recruit support if your calls to the utility company are not sufficient.
You can locate your state's public utilities commission, which oversees utility companies, or get help through the National Association of State Utility Advocates, or NASUCA. This organization represents the interest of utility consumers before state and federal regulators in court. Also your state Citizens Utility Board.
"At the commission you can have an informal investigation and if you are not satisfied you can file a formal complaint," says Jay Draiman, a Utility bill auditor.
He explains that the commission informally investigates the dispute by contacting the company on your behalf. If the commission's answer is one that you don't like, you can file a formal complaint against the utility company. If the formal complaint doesn't make you happy, you can appeal the decision. At this point, he warns, courts of law, most likely a municipal court, are involved and a lawyer might be needed.
Some public service commissions address cable disputes. If not, Consumers for Cable Choice, a consumer advocacy group, says other alternatives exist.
"Most consumers don't know this, but they can call their local franchising cable board. That's the agency that has the ability and authority to adjudicate public complaints," says the auditor.
Not all municipalities or towns have a cable board. So, try calling the clerk of the county or clerk of the city in your area to find out who is responsible for cable complaints.
A visit to the attorney general's office may or may not help. The procedure for handling complaints varies with each office. Some offices, depending on the type of utility, might refer you to other state regulators, and others may attempt to mediate the dispute between you and the company themselves.
Try national and federal organizations.
Consumers can file a complaint with the Citizens Utility Board (which has attorneys on staff), Better Business Bureau, or BBB, a private nonprofit organization that monitors and reports marketplace activities to the public. The bureau sends the consumer's complaints to the company.
"If we have not heard from the company in 30 days, we close the case and suggest small claims court," says spokeswoman for BBB.
According to the BBB, it cannot force a reply from the company and it cannot administer sanctions. It can make a note of the company's unwillingness to respond in the company's reliability report that's provided to the public.
The U.S. government can tackle some of your problems.
Telecommunications issues can be handled by contacting the Federal Communications Commission, or FCC.
Selling Renewable Energy (Solar Etc.) Without Incentives
Selling Renewable Energy (Solar Etc.) Without Incentives
In short, we need to market solar as an investment that will save money while you own it and return most or all of your investment when you sell the building it's sitting on.
Chances are, as natural gas and oil prices go up, there will be a corresponding jump in your monthly electricity bill. So, instead of promoting a solar power system based on today's savings in electricity, we need to have easily understandable projections on what the savings will be over the life of a system. These numbers need to reflect what's really happening to the cost of energy!
Here are some ideas I'd like to share. First, we need to find a way to make renewable energy economically competitive without the tax incentives. We do this by answering the question: "What is the opportunity cost of not using solar to decrease your energy bill?"
There's something interesting I've found. There's a direct correlation among electrical rates, the cost of air conditioning a building, the heat index and the amount of sunshine on any given day. In other words, on the hottest, sunniest days, we use more electricity that costs more per kilowatt. So, why do we continue to promote average hours of solar production, when in fact (at least down here in California), we produce far more solar power per day during the heat of the summer when energy costs are highest, than we do in our temperate winter months when energy costs are lowest. A sound marketing approach would be to evaluate solar energy in "dollars" of production per year instead of in kilowatts. I'm sure there are some smart people out there who can match kilowatts of solar production on any given day of the year to what the rates will be (based on the projected costs of electricity).
Secondly, we should stop trying to sell a solar package as a "cost." In real estate, there is a principle that says anything affixed to real estate becomes an integral part of the real estate. Once a solar package is installed, it immediately increases the value of a property. So how can you predict how much more a building will be worth in 5-10 years with a package as opposed to without one? In the real estate appraisal business, there are three approaches to appraising a property. The market approach (what are comparable properties selling for), the reproduction cost (the cost of creating an identical building at current construction and material prices) and the actual original cost adjusted for inflation. In all three methods, there's a strong case that a system installed today will make the building worth more today and in future years.
We need some realistic numbers to predict how much more a property will be worth in the years following installation. I believe that if you sell a building 5-10 years after installing solar, you should recoup all of your investment in the system plus an added bonus. If the rumors are true, a residential system (using the market approach) adds $20 of value to a home for every $1 it saves on the electric bill.
For commercial appraisals, you would divide the income (savings) by a cap rate (which was about 9% at last report). A system that saves $2000 a year then would be worth $40,000 on a home or $25,000 on a business. But if the cost of electricity goes up (if that is remotely possible), then wouldn't the value of the solar power system increase as well? In reality, we are not selling something that costs — we are actually offering a financial investment that grows comparably with other forms of energy.
In short, we need to market solar as an investment that will save money while you own it and return most or all of your investment when you sell the building it's sitting on. In commercial real estate, they use a "Cash Flow Analysis" form as the tool to evaluate a building's value using the income approach. We need a similar tool for putting a value on solar. If solar makes sense with this approach, then just think of how much better the systems look when you add the tax advantages!
This approach also applies to the cost of Energy efficiency implementation.
Reducing operational costs increases the value of the business and or property.
Compiled by Jay Draiman, Energy analyst
12/1/2007
Jay Drai AKA Yehuda Draiman and the REAL TRUTH...
Jay Drai AKA Yehuda Jay Draiman...THE REAL FRAUD..AND ADJUDICATED FACT..His claims are malicious, false, meritless,misrepresentations of the REAL FACTS and contrived. These baseless accusations are the fabrications of a disgruntled former employee, Yehuda "Jay" Draiman, a CONVICTED FELON who has been FOUND GUILTY of charges leading to millions of dollars in judgments by the Illinois and federal court system.
Left with no legal or rational alternative, "Jay" has resorted to conjuring up false stories and contrived meritless accusations on the internet and public forums, to attempt to smear his former employee.
These facts can be verified by court records available from a Google search for "Multiut v. Yehuda".
Yehuda Jay Draiman is a former employee who was terminated in 2001 from Multiut Corporation when he was discovered diverting clients and funds of the company. He was subsequently FOUND GUILTY of breaches of fiduciary duty, consumer FRAUD and deceptive trade practices and CONSPIRACY, and a judgment in excess of $1.5 million was entered against him, in addition to several findings of contempt, by the Cook County Circuit Court & upheld by the Appellate court (ruling 1-03-0857).
http://www.state.il.us/court/Opinions/AppellateCourt/2005/1stDistrict/July/Html/1030857.htm
Federal courts have also entered subsequent judgments against Yehuda and his wife Miriam for committing false bankruptcy filings in yet another attempt to defame his former employer. Federal courts declared the judgments to be non-dischargeable due to the fraud involved by Yehuda Draiman, for abusing the court system in a manner similar to the way he now attempts to abuse the internet. These FACTS can be verified by federal court records available from a Google search for "Doyle Draiman".
http://www.ilnb.uscourts.gov/JudgeDoyle/Opinions/Draiman_Yehuda.pdf
Public documents verify that 'Jay' was also CONVICTED OF 10 COUNTS of wire and mail FRAUD during the 1980's. Nachshon, Yehuda’s brother, originally provided Yehuda with a job in the Multiut company subsequent to general assistance he provided to help Yehuda and his family following Yehuda‘s first stint of a FOUR YEARS sentence to the FEDRAL PENITENTIARY for that conviction in the 80's. See United States v. Draiman, 784 F.2d 248 (7th Cir. 1986)
http://caselaw.lp.findlaw.com/data2/circs/7th/023922p.pdf
Yehuda Draiman was also the subject of a special investigation conducted by the Illinois Legislative Investigating Commission for the Illinois General Assembly (see:4/22/75 Illinois Nursing Homes: A Report to the Illinois General Assembly). “Jay” was barred from serving in the nursing home field after HE DEFRAUDED A RESIDENT under his care of more than $40,000. The report cites testimony from a resident stating that Yehuda offered to return her money if she took a ride with him to his “bank”, and instead LEFT HER STRANDED in a deserted cornfield in the DEAD OF WINTER in 8 degree weather. Only by luck was she spotted by a passerby who reported the incident to the MCHENRY COUNTY SHERIFF'S Department. When the sheriff’s office interviewed Yehuda, he claimed “when they got out into the country she asked to be let out. He let her out and drove back to Chicago…and found her purse in the back seat.” In these instances, as well as the recent litigation, Yehuda Jay Draiman's tactic has been to invent illegalities to accuse his victims of, in order to shift the focus of attention away from him.
http://multiut.com/responses_to_YJD /IL_Assembly_Report_04_75.pdf
The current posting is just another example of Yehuda Jay Draiman's tactics.
For more information about defamation attempts by Yehuda Jay Draiman, see www.Illinoisantidefamation.com or www.IllinoisDefamationProtection.com
Nachshon Draiman Conviction for the death of a patient and abuse
Nachshon Draiman Conviction for the death of a patient and abuse in his Mill View nursing homes in Niles, Illinois. R1.
Nachshon Draiman - Multiut Corp. – Future Associates Fraud
You will note that State and Federal Court records in Illinois and elsewhere are replete with lawsuits, judgments and wrongdoing by Nachshon Draiman and his companies. Causing the death of patients in the Nursing homes and a lawsuit by the State of Illinois with civil and criminal conviction People v. Gurell, Nachshon Draiman (1983), 98 Ill.2d 194, 207, 74 Ill.Dec. 516, 456 N.E.2d 18.). Abusing nursing home patients see State of Illinois records.
See People of the State of Illinois vs. Gurell, Nachshon Draiman et al – 456 N.E.2d 18 there has been numerous patient abuse and deaths due to that abuse. In 127 Ill.App.3d 1165, 483 N.E.2d 731, 91 Ill.Dec. 385 Sonnenberg v. Mill View Associates, Nachshon Draiman where millions of dollars had to be paid as damages for abuse and death of a patient, not to mention numerous patients who died falling down an elevator shaft.
Former Assistant U.S. Attorney Brian W. Ellis Claims he has DNA forensic evidence that Nachshon Draiman - Multiut forged and modified documents presented to the Court in his lawsuit against his brother Yehuda J. Draiman
The Supposed 1991 IMA Agreement Put Into Evidence by Multiut – Nachshon Draiman Is a Fraud
The evidence overwhelmingly favors Yehuda Draimans' account of events. There are at least eight separate, independent indicators that Nachshon Draiman deceptively modified an IMA Agreement that Yehuda received and signed in 1989, added terms to which Yehuda never agreed, including the incorporation of an unsigned Employee Confidentiality Agreement, and inserted a false date of execution to create the document introduced as Plaintiff's Exhibit 10. First, Defendants' expert forensic ink analyst, Erich Speckin, testified that he found manufacturer date tags in the ink for the disputed writings on Plaintiff's Exhibit 10, and that the sequence of those date tags establishes without question that the ink was manufactured in 1993, two years after Nachshon Draiman said he made the writings. (8/14/02 Tr., at 2214-25) That testimony is undisputed.
It is a known fact that justice in Chicago can be swayed in your favor with proper incentives. The trial judge left the bench after this case when the court ignored overwhelming evidence against Multiut and Nachshon Draiman and other cases were investigated by the government.
Nachshon Draiman’s intimidation of witnesses, blackmail and other scare tactics will not work.
Nachshon Draiman defrauds Israel Discount Bank in Hotel financing to the tune of $45 million dollars.
Utilizing modified and fabricated sales contract of units in the Jerusalem Pearl purchased and totally paid for by 1. Nachshon Draiman, 2. Elitzur Draiman, 3. Irwin L. Katz a former Federal Judge in Chicago, IL. and part owner of Multiut, 4. Barry Ray, 5. Danny Shabat, 6. Gershon Bassman, 7. Dr. Sam Lipschitz, 8. JACK L RAJCHENBACH . It seems presenting false and deceptive documents is a way of life for Nachshon Draiman
Nachshon Draiman presented a forged College Diploma to the Illinois Department of Registration in order to receive his Nursing Home Administrator’s license No. 44001323.
For More Information See: www.antidefamationusa.com.
This bellow listed Nursing Home formerly owned by Nachshon Draiman
Troubled nursing home's owners settle with state, give up license
Lori Rackl
The owners of a troubled south suburban nursing home have agreed to surrender their license to operate the facility as part of a settlement announced Friday by the Illinois Public Health Department.
The owners of Emerald Park Healthcare Center in Evergreen Park also are barred from applying for new nursing home licenses in Illinois for at least two years, according to the agreement.
The settlement marks the end of a tumultuous process that began more than a year ago, when the state Health Department first put the wheels in motion to revoke Emerald Park's operating license. That move came after health officials learned of a resident who traded sex for cigarettes and wound up pregnant -- a fact the nursing home remained unaware of for eight months.
Barred from new licenses
"Gross mismanagement" at the 249-bed facility prompted Illinois Attorney General Lisa Madigan to sue the home earlier this year in a bid to shut it down. All of the residents, most of whom were elderly or mentally ill, were relocated to new facilities last month.
A hearing to revoke Emerald Park's license was supposed to start Monday. That will no longer be necessary under the settlement, which prohibits the owners from operating a long-term care facility at the Emerald Park location for 50 years. But they can sell the property to a new owner, who would need state approval to reopen the facility.
"This sends a clear message that the department and the state are willing to take whatever steps are necessary to provide for public health and the safety of Illinois residents," said Dr. Eric Whitaker, state public health director.
Emerald Park's majority owner, Morris Esformes, is barred from applying for a new nursing home license for at least three years. The other owners, Marvin and Doreen Mermelstein, can't get a new license for at least two years. The owners' other Illinois nursing homes aren't affected by the settlement.
Attempts to reach both Esformes and the Mermelsteins late Friday were unsuccessful.
Copyright The Chicago Sun-Times, Inc.
Provided by ProQuest Information and Learning Company. All rights Reserved.
Energy Billing Fraud Charges vs Multiut owned by Nachshon Draima
Energy Billing Fraud Charges vs Multiut owned by Nachshon Draiman
Multiut Admitted to holding money belonging to customers
In a Class Action proceeding initiated in November 2001 - The case after numerous delays by Multiut, is now proceeding.
Gore vs Multiut - IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Case No. 01 CH 19688
Posted on August 29th, 2007:
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
FILED
JACK GORE on behalf of himself and all ) NOV 28, 2002
other persons or entitles similarly situated, |
•
vs. No. 01 CH 19688
DOROTHY 8ROWN CLERK OF CIRCUIT COURT
MULTIUT CORP, an Illinois corporation, } Judge Stephen A, Schiller
Defendant ) Courtroom 2402
RESPONSE TO §2-619.1 MOTION TO DISMISS J/
Plaintiff JACK GORE (“Gore”). by his attorneys LARRY D DRURY LTD., hereby responds to the Motion to Dismiss 2nd Amended Complaint, pursuant to 735 ILCS 5/2-615 and 619, brought as a combined 2-619.1 motion by defendant MULTIUT CORP. (“Multiut”).
Introduction
Multiut is trying to time-bar this case by transforming express a written agency-service contract drafted by Multiut into a contract for sale of goods, and by disputing Gore's allegations as to concealment and discovery of the wrong – but without submitting any Rule 191 affidavit or documentation. This is a class action arising out
of a written contract drafted by Multiut, attached here and to the 2nd Amended Complaint as Exhibit A and B collectively referred to herein as the "contract" or "agreement “ unless otherwise indicated by context): (1)
(A) A service contract to act as Gore's "purchasing representatives" in obtaining natural gas from “off system" suppliers. This contract, entered into on or about December 1990, was titled “Agreement," Exh. A 1, 3-6, 10. And,
{B} A series of supplemental agency contracts to act as Gore’s agent, in so doing with respect to various Properties. These were entered into contemporaneously with the service contract and thereafter, and titled "Natural Gas Purchasing and Agency Agreement.” Exh.-B. (2)
(1) Similarly Multiut refers to them collectively as “the agreement” in its brief (Mem. p. 2, fn. 1). Although the documents are on separately filed pages, they are mutually inclusive and one could not be entered into without the other; e.g. the service contract refers to and incorporates the agency contracts, wherein Multiut refers to itself as Gore's 'exclusive natural gas purchasing agent'. See Exh. A, third introductory paragraph and 16-17; Exh. B 1,
(2) Exh. 8 one of the series, is dated 1998, Exh. C is Gore’s §2-806 affidavit as to the others. Gore has stated he does not have a copy of each, they are inaccessible to him i.e. no longer in his possession, whether missplaced or otherwise, and cannot be located or returned. 2nd Amd.. Compl. {4; Exh, C, in the 1st Amd. Complaint, Count 4 for breach of oral contract was voluntarily dismissed without prejudice after Gore's deposition of May 8,- 2002, when the service contract and the 1998 agency contract were produced by Multiut and adequately established, Exhs, A-B are the same Exhs. 1-2 attached to the Gore transcript, excerpts of which are attached herein as Exh. D, Similarly the missing agency agreements are likely in Multiut’s possession and will be produced in discovery.
The contract was drafted by Multiut, it unequivocally defines Multiut's role in the transactions, and shows that this case is not governed by the UCC. What is at issue here is not the "good" that Multiut obtained for Gore, but the service Multiut provided as his purchasing agent. Gore is suing upon the service and agency contract – not the natural gas - and has alleged that Multiut breached its duties in two respects;
{1} By falsely and intentionally charging and retaining for its own use funds that were to be applied to a City of Chicago 8% gross receipts tax (“Tax”), which it had promised would be placed in escrow and forwarded to the City. Between December 1990 and January 1995 (after the City of Chicago changed the Tax), Multiut collected approximately $14,000 from Gore and at least $1 million to $1.5 million from the Class, for this Tax that was not actually imposed upon Multiut. 2nd Amd. Compl. 7-9, '3! Multiut not only failed to inform Plaintiff and
the Class that the money collected was not so applied or escrowed, but also failed to escrow, account for, and refund the funds with interest.
(2) By overcharging for the service of providing natural gas. Multiut was to charge for natural gas actually supplied to Gore and the Class on a set per therm cost basis, plus an amount equal to 1/2 of their respective per therm cost savings per month, instead, Multiut overcharged and billed Gore at least $100.000 and the class millions of dollars and refuses to provide an accounting and refund with interest. Id. 10-11.
Gore has further alleged that Multiut prevented him from discovering the wrongs by intentionally concealing them until at least December 2000, when he discovered the truth and could not reasonably have done so earlier. (Gore testified at his deposition on May 8, 2002 that he first discovered the discrepancies in his bills, the overcharges, the taxes, and failure to escrow the taxes, in December 2000. See Exh, D, pp. 25-28,) Thereafter he was unable to obtain any refund and based thereon, terminated Multiut’s services on or about June 2001, However, the wrongful acts are continuing to date, in that Multiut continues to 'refuse to provide an accounting and refund with interest to Gore and the Class, all to their detriment and damage. They seek imposition of constructive trust (id. 22), an accounting and damages in not less than the foregoing amounts plus interest (id, 9-13, 23).
Gore filed the original Class Action Complaint on Nov. 20, 2001, and in lieu of responding to a motion to dismiss, filed the 1st Amended Class Action Complaint Feb. 14, 2002, setting forth 4 counts for (1) breach of
3-: The City did not and will not collect the 8% Tax, presumably because of U.S. constitutional restrictions as to the interstate commerce clause and exceptions for interstate pipelines and out-of-state suppliers. As a result in 1994 the City changed the tax from an 8% gross receipts tax to a flat rate tax of 1.4 to 1.5 cents per therm. 2nd Amd. Comp. P 8. in Multiut’s response to First Request to Admit {attached hereto as Exh. F), it has admitted the following statements about this Tax; (8) that Multiut collected approximately $14,000 in Tax from Gore between 1991-1994; and (9) that Multiut spent its customers Tax payments on business expenses.. Yehuda Draiman testified to the same effect in his deposition 1-10-02 See transcript excerpts attached hereto as Exh. E, at pp, 36-37,40, 68, and Exh, 6 thereto.
Activity Date: 8/15/2007 Participant: GORE JACK
CASE SET ON STATUS CALL
Court Date: 8/29/2007
Court Time: 0930
Court Room: 2402
Judge: BRONSTEIN, PHILIP L.
August 30th, 2007 at 2:25 pm
RE: MULTIUT CORP. FORMER CUSTOMERS!
Multiut owner is Nachshon Draiman of Cook County, Illinois
PLEASE BE ADVISED THAT YOU ARE PROBABLY DUE A REFUND PLUS INTEREST FOR SALES TAX ON NATURAL GAS WHICH WAS COLLECTED FROM YOU AND WITHHELD BY MULTIUT CORP. TEL # 847-982-0030 at 7514 N. Skokie Bl. Skokie, Illinois.
MULTIUT IS HOLDING APPROXIMATELY OVER ONE MILLION DOLLARS THAT MAY BELONG TO CUSTOMERS.
MULTIUT HAS OVERBILLED CUSTOMERS ON SHARED SAVINGS FOR THE PAST 14 YEARS.
THERE IS CURRENTLY A CLASS ACTION SUIT AGAINST MULTIUT.
I STRONGLY SUGGEST THAT YOU HAVE ALL YOUR BILLS THAT WERE ISSUED BY MULTIUT CORP. AUDITED THOROUGHLY THERE MAY BE STORAGE CREDITS DUE YOU AND ERRORS IN BILLING WHICH CREDITS MAY BE DUE YOU.
Multiut has admitted in Court that they are holding the money.
Gore vs Multiut 01 CH 19688 Circuit Court of Cook County, Illinois
A concerned citizen
For honesty in billing
Dynegy Mkg & Trade v. Multiut Corp, Nachshon Draiman et al
On August 16th, 2007:
Dynegy Mkg & Trade v. Multiut Corp, Nachshon Draiman et al 1:02-cv-07446.
Multiut Corp and Nachshon Draiman dba Future Associate of Skokie, IL. are withholding evidence of fraudulent activities in the Energy industry and inflated Medicaid billing to the government for Nursing Home patients. Also Bank fraud against their bank by presenting fraudulent and inflated receivable reports in order to get and keep a credit line, Nachshon Draiman was a large stock holder of the bank. Draiman Nachshon • SC 13G • Success Bancshares Inc • On 2/17/98
Filed On 2/17/98 • SEC File 5-53545 • Accession Number 950137-98-586
Court: United States District Court Northern District of Illinois -
Case Title: Dynegy Mkg & Trade v. Multiut Corp, Nachshon Draiman Future Associates et al
Case Number: 1:02-cv-07446
Judge: Hon. John A. Nordberg
Filed On: 10/16/2002
SUMMARY
Case Number: 1:02-cv-07446
Referred To: Honorable Michael T. Mason
Jury Demand: Defendant
Demand: $9999000
Nature of Suit: Contract: Other (190)
Jurisdiction: Diversity
Cause: 28:1332 Diversity-Breach of Contract
Case Updated: 01/20/2005
NAMES
Party Name: Multiut Corporation an Illinois Corporation,
Party Type: Defendant
Attorney(s): Paul Thaddeus Fox
(312) 456-8400
Firm Name: Greenberg Traurig, LLP.
Firm Address: 77 West Wacker Drive
Suite 2500
Chicago, IL 60601
Alan Jay Mandel
847-329-8450
Firm Name: Alan J Mandel Ltd
Firm Address: 7520 North Skokie Blvd
Skokie, IL 60077
03/30/2007 225
NOTICE of Motion by Ira P. Gould for presentment of motion to withdraw as attorney224 before Honorable John A. Nordberg on 4/19/2007 at 02:30 PM. (Gould, Ira) (Entered: 03/30/2007)
04/18/2007 226
MINUTE entry before Judge John A. Nordberg: Motion of Ira Gould to withdraw his appearance on behalf of Multiut Corporation 224 is granted. The motion will not be heard on 4/19/07 as noticed. Mailed (vmj, ) (Entered: 04/19/2007).
See: www.antidefamationusa.com or www.antidefamation.us
INCREASING COST OF ENERGY and INFLATED FRAUDULENT BILLING
INCREASING COST OF ENERGY and INFLATED FRAUDULENT BILLING
Energy fraud cost consumers BILLIONS
It is not enough that consumers are paying higher cost for energy – Gas, Electric, Tel., Etc.
Due to the market volatility and the increase demand for energy worldwide and the manipulation of market conditions by various corporation.
Deregulation, which was designed to save the consumer on the cost of energy. Many new companies have started selling gas and electric in the past 20 years, as a result of this deregulation. We now have numerous deregulated third party suppliers of Gas and Electric that are gouging the consumers – billing prices higher than the regulated utility companies, inflating the bill, billing for product never delivered, billing phantom tax on the product, reneging on fixed price contract – when market prices go beyond the fixed contract. In short any way they can cheat, deceive and defraud the consumer is fair game.
Among the companies that practice such tactics is MULTIUT CORP or Multiut LLC of Skokie, Illinois the owner of the company Nachshon Draiman is well connected, one of the previous owners of Multiut was a federal judge and therefore has gotten away with numerous over billing and deceptive practices, there are numerous lawsuits for fraud pending against Multiut Corp and its owner Nachshon Draiman among them a Class Action Suit and Dynegy Mkg & Trade v. Multiut Corp, Nachshon Draiman et al 1:02-cv-07446 The Federal Court has imposed numerous contempt orders against Multiut and its owner and its owner Nachshon Draiman is involved in numerous other fraud in the Nursing Home business (defrauding the state Nursing License with false documents to obtain a Nursing Home License) and a hotel project where he committed a fraud of $45 million dollars and numerous other fraud and deception too numerous to mention. (Especially since Multiut and its owner Nachshon Draiman is represented by Jack Abramoff Law Firm – which has clout).
Another Company is Santana Energy out of Texas. Some utility companies were forced to refund the consumers hundreds of million of dollars due to manipulation of pricing and billing – many of those shenanigans stem from the Enron debacle some precede it and continue on to date.
Many of these suppliers of Gas and Electric who are promoting saving are actually charging higher prices than the local utility company which defeats the intent of deregulation – Multiut’s billing shows 20% to 30% higher cost and billing for gas that was never delivered. Not to mention Multiut’s billing for non existent City of Chicago Tax on Natural gas and inflated billing for lighting retrofit to various Nursing Homes which inflates the Medicaid billing to the government.
Corporate CEO and other higher ups in the corporate world have been convicted of fraud and sentenced/fined (WorldCom, Enron, Adelphia, Etc.). But it seems that some companies can continue to defraud the public without being hindered by the authorities.
Other frauds by Gas Electric suppliers are: Centerpoint Energy Inc.,
Pending lawsuits are: AG files fraud suit against Sempra affiliate alleging Enron-like games.
JD
This article is presented by Citizen for Honest and Fair Billing
PS
THREE FORMER NICOR ENERGY EXECUTIVES AND OUTSIDE
LAWYER INDICTED IN ALLEGED CORPORATE FRAUD SCHEME
CHICAGO -- Three former executives of Nicor Energy L.L.C. and an outside lawyer for the Lisle, Ill.-based company were indicted today for allegedly engaging in a corporate fraud scheme to obtain $400,000 in bonuses and other benefits for themselves by inflating revenues - at times by as much as $6 million - and understating expenses to make the company appear more profitable than it actually was in 2001. The defendants allegedly fraudulently deprived Nicor Energy - a retail energy marketing company established in 1997 as a 50/50 joint venture by Nicor Inc. and Dynegy Inc. - of their honest services and caused a loss to investors in publicly-traded Nicor, Inc. and Dynegy. On July 18, 2002, Nicor Inc. issued a press release announcing that its financial results for the second quarter and first half of 2002 were negatively affected by several factors, including irregularities in accounting at Nicor Energy, and the following day, the stock price of Nicor Inc. fell approximately 40 percent. Nicor Energy is currently in the process of final liquidation.
The five-count indictment returned by a federal grand jury charges Kevin Stoffer, formerly Nicor Energy's President and Chief Executive Officer; Andrew Johnson, former Director of Financial Services; John Fringer, former Vice President of Major Markets and Power Services; and outside counsel Michael Munson, announced Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois
MADIGAN, DALEY ANNOUNCE $196 MILLION SETTLEMENT WITH PEOPLES ENERGY; CUSTOMERS OF PEOPLES GAS AND NORTH SHORE GAS TO RECEIVE $100 MILLION IN CREDITS
Chicago – Attorney General Lisa Madigan and Mayor Richard M. Daley today announced that Peoples Energy has agreed to more than $196 million in consumer credits and benefits as part of a settlement that will provide much-needed relief to current Peoples Gas and North Shore Gas customers, establish a more than $25 million program of conservation and weatherization assistance for low- and moderate-income households and reconnect customers who have been disconnected from their heating services due to an inability to pay the high gas prices.
MADIGAN, DALEY, CUB ANNOUNCE REFUND CREDITS TO APPEAR ON NEXT GAS BILL FOR CUSTOMERS OF PEOPLES GAS AND NORTH SHORE GAS
Chicago — Attorney General Lisa Madigan, City of Chicago Mayor Richard M. Daley and Citizens Utility Board (CUB) Executive Director David Kolata today announced that as a result of their settlement agreement with Peoples Energy more than one million current customers of Peoples Gas and North Shore Gas will see refund credits on their next gas bills.
To compensate for over billing consumers between 2000 and 2004, Peoples Energy has agreed to provide a refund credit to each of the 1,014,071 current customers of Peoples Gas and North Shore Gas. The credits – totaling $100 million – will be included on the first bill received by customers after April 24.
“These refund credits cannot change the conduct of Peoples Energy, but they will help consumers who suffered as a result,” Madigan said. “This is an appropriate response to Peoples' conduct.”
“We are pleased that consumers are finally receiving the refunds that they deserve,” said City of Chicago Corporation Counsel Mara Georges. “Consumers should not have to pay for bad planning and business decisions by Peoples Gas.”
WEDNESDAY, JUNE 13, 2007
Justice Department Investigating NY Energy Markets
New York's wholesale energy market is being investigated for possible antitrust violations, according to a recent news report. A Newsday story indicates that a subject of the investigation may be possible withholding of capacity from the market, to drive prices up. This revelation has raised further questions regarding the proposed merger of National Grid and Keyspan, which controls significant amounts of generation capacity in the New York City markets.
MIRANT ENERGY TRADING LLC
Washington, DC: (Jul-12-07) The Department of Justice brought charges against Mirant Energy Trading LLC, a subsidiary of power company Mirant Corp., alleging that the company knowingly submitted fictitious trades, inaccurate reports, and other information to industry publications in 2000. The Justice Department claimed that between February and December 2000, traders of former Mirant subsidiary Mirant Americas Energy Marketing LP used the inaccurate information to benefit the unit's natural gas trading positions. Mirant management alerted government authorities after discovering the false reporting.
In a settlement reached, Mirant Energy Trading agreed to pay an $11 million fine and accept responsibility for the actions of former energy traders. As part of the settlement agreement, the Justice Department agreed not to file criminal charges stemming from its investigation for 15 months. If Mirant fails to comply with the settlement's terms, the government can charge it with delivering knowingly inaccurate reports concerning the commodities market for natural gas.
2007.08.14
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