Nat'l Apt Assoc~Amicus Cites Fraudulent US Chamber science~2 Infant Deaths

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11/23/2009...10:29 pm

A letter to the NAA regarding an email they deleted without reading –

please retract your amicus in the Abad case in Arizona – it is fraud by a

political action committee, the National Apartment Association, that is

furthering another fraud by another political action committee, the US Chamber

of

Commerce

From: Sharon Kramer

_paul@..._ (mailto:paul@...) , _jeffreylee@..._

(mailto:jeffreylee@...)

Sent: 11/21/2009 6:20:21 A.M. Pacific Standard Time

Subj: Fwd: FW: Not read: Mold – The Truth Nothing But The Truth

Dear Mr. Bergenon,

I received the following forwarded message of yours from Mr. McBride. Why

would you delete information without reading that was sent to you that

could assist you in educating apartment managers and owners to the potentially

serious health effects caused to their tenants by exposure to molds should

they negligently maintain their buildings?

This, even after it has been brought to your attention that NAA submitted

a fraudulent amicus curie brief in a litigation involving two infant deaths

while citing to the US Chamber’s “A Scientific View Of The Health Effects

Of Moldâ€.

As pointed out to you in a prior correspondence, the Chamber’s “

Scientific View†that was written expressly for judges and was paid for by

the

Manhattan Institute think-tank, cites false authorship of being written by a

physician. As documented for you previously, the Chamber’s scientific view

to

educate the courts was in reality written by a Big Tobacco White Coat,

Bruce Kelman and his business partner, Hardin. ONLY.

It is a gravely serious matter to submit fraudulent amicus briefs to the

courts. It is an even more serious matter when the National Apartment

Association PAC is informed they have submitted a fraud to the courts, yet

refuse to take action to correct or even read information they need to know to

protect apartment owners from liability by protecting the health and safety

of occupants..

In the interest of properly educating your members so they do not find

themselves in the same situation as the Az apartment owner, Wasatch Property

Management and their insurer, Travelers – whose Az apartment complex is

documented as having an atypical amount of mold – it would behoove NAA to

retract the fraudulent amicus that cites to the fraudulent US Chamber of

Commerce Institute For Legal Reform “Science†promptly.

I am aware that Mr. Hiles is the attorney for the defense in this

litigation. I am aware that Mr. Hiles has a long standing relationship

with the author of the US Chamber paper, Bruce Kelman. I am aware of far too

much information regarding conflicts of interest of the situation that is

adverse to the health and safety of the US public, to share with you in one

email.

Simply put, please retract your amicus in the Abad case in Arizona. It is

fraud by a political action committee, the National Apartment Association,

that is furthering another fraud by another political action committee,

the US Chamber of Commerce. Together, the two frauds by the two PACs are

adverse to the health and safety of the American public because they mislead

the courts that it has been scientifically proven by physicians that claims

of severe illness and even death from the toxins of mold are simply a result

of “trial lawyers, media, and junk scienceâ€.

Two videos for you:

1. Bruce Kelman committing criminal perjury regarding the authorship of

the US Chamber of Commerce’s “A Scientific View Of The Health Effects of

Moldâ€

_US CHAMBER ILR LISTS FALSE PHYSICIAN AUTHOR ON FRUADULENT SCIENCE PAPER

WRITTEN FOR THE COURTS_ (http://www.blip.tv/file/2877610/)

2. Bruce Kelman committing criminal perjury on the issue of malice in a

libel action purportedly over the word “altered†and attempting to coerce

me

into silence about the fraud of the US Chamber.

_3 Minute Video Of Perjury & Attempted Coercion Into Silence by Bruce

Kelman_ (http://www.blip.tv/file/2063366/)

I was the first to publicly write of the deceit of the US Chamber’s “A

Scientific View of the Health Effects of Mold†in March of 2005.

(http://www.blip.tv/file/2063366/) _Mold-Help.org: Jury Finds “Toxic Moldâ€

harmed Oregon family, builder’s arbitration clause not binding_

(http://www.mold-help.org/content/view/622/)

Should you have any questions regarding Mr. Kelman’s perjury on the issue

of malice in the Ca libel action, Mr. Hiles would be a good source for you.

Although not to his or his clients’ benefit that it be known, Mr. Hiles

has documents in his possession directly corroborating he is aware Mr.

Kelman committed perjury on the issue of malice in the Ca libel action. His

Beverly Hills law firm was hired by Mercury Insurance in my personal mold

litigation back in 2003. Hiles and Stone hired Mr. Kelman as an expert witness

in that case, too. Small world, isn’t it?

Thank you for your attention to this serious matter.

Sincerely,

Sharon Kramer

_Email notification from Bergeron – National Apartment Association –

to McBride – message was deleted without being read – regarding

letter sent in reference to a fraudulent amicus curie brief submitted in a

litigation in Arizona involving 2 infants deaths & a $25 million dollar

insurance policy issued by Travelers_

(http://katysexposure.wordpress.com/2009/11/22/email-notification-from-paul-berg\

eron-national-apartment-association-to-jo

hn-mcbride-message-was-deleted-without-being-read-regarding-letter-sent-in-r

eference-to-a-fraudulent-amicus-curie-brie/)

—–Original Message—–

From: Bergeron [mailto:@...]

Sent: Friday, November 20, 2009 8:15 AM

McBride

Subject: Not read: Mold – The Truth Nothing But The Truth

Your message was deleted without being read on Friday, November 20, 2009

8:14:48 AM (GMT-05:00) Eastern Time (US & Canada).

_Third letter to the National Apartment Association (NAA) regarding a

fraudulent amicus curie brief submitted in a litigation in Arizona involving 2

infants deaths & a $25 million dollar insurance policy issued by Travelers_

(http://katysexposure.wordpress.com/2009/11/22/third-letter-to-the-national-

apartment-association-naa-regarding-a-fraudulent-amicus-curie-brief-submitte

d-in-a-litigation-in-arizona-involving-2-infants-deaths-a-25-million-dollar-

insurance/)

From McBride

Dear All,

I too received both responses that were emailed to you referencing the

recent position and action the NAA took regarding mold. There are many across

our country that are suffering from mold toxicity due to the lack of

correct action by property owners. Taking wrong steps to rectify the serious

health hazard that mold presents can be just as dangerous as taking no action

at all. Many times it is not only personal finances that is the property

owners main motivating factor. Ignorance and neglect are also constants that I

have seen all too much. Renters lives, possessions and even their pets are

being lost and or ruined as a direct result of the extremely potent and

vast array of toxins that molds produce and subsequently are being inhaled by

renters who just wanted a safe and decent place to reside.

Based on this factual and can be well-documented information, perhaps it

would be prudent for the NAA to encourage property owners to act

preemptively rather then after the fact. Controlling moisture and making sure

that the

entire indoor environment is kept dry at all times would be a good start.

Having HVAC systems checked a few times a year by qualified

individuals who are trained to test and inspect for indoor environmental

hazards would be another. Of course if there is mold growth, then correct,

rapid, and decisive action should be taken.

I guess my point is very simple. Why not educate your members with good

science and recommend that taking proper actions will help to protect their

properties and will help avoid future litigation. Oh yea, it will also help

to protect and save lives, rather then destroy them. Like I stated earlier,

all people really want is a safe and clean environment.

I see that you were already given the W.H.O.’s report on mold. To assist

you further, I am sending a paper that was just published this month in

Toxicology and Industrial Health. Dr. Jack Thrasher is one of this countries

top authorities on this issue and he has also worked with several other

distinguished credentialed individuals. This paper documents the full spectrum

of health hazards created by damp and moist indoor environments. I strongly

suggest you share this with your members. I can only hope you do not choose

to trust the junk science that states mold does not pose health risks.

Just remember that the same parties that wrote papers, testified at hearings,

conducted false studies, and stated that tobacco did not pose serious

health risks or even that it was not addictive are now the parties making

fraudulent claims about mold. We know how untrue their conclusions and

statements

were regarding tobacco, so do not be party to them now. I seriously hope

for the sake of all renters and for you as well, that you put yourself in

the trust of honest, legitimate well-credentialed scientists who are not being

paid to lie. One day you might find yourself in a moldy environment and if

you choose to listen to junk science, you could end up suffering from very

serious and painful chronic illness, as a direct result of your mold

exposure and unwillingness to hear or place your self on the side of truth.

Sincerely yours,

McBride

“MCS†Beacon Of Hope Foundation’s New Jersey State Representative & Toxic

Mold Activist/Consultant

New Jersey Legislative Initiative Against Toxic Mold

_Moldleg333@..._ (mailto:Moldleg333@...)

732-894-3047

“World~Wide†Toxic Injury Awareness & Education! Please sign and forward

to others:

_http://toxicinjury.org/_ (http://toxicinjury.org/)

_The biocontaminants and complexity of damp indoor spaces: more than what

meets the eyes – pdf_

(http://katysexposure.files.wordpress.com/2009/11/the-biocontaminants-and-comple\

xity-of-damp-indoor-spaces-more-then-what-meets-the

-eyes-dr-thrashers-published-version.pdf)

Jack D Thrasher and Crawley

_Another letter to the National Apartment Association (NAA) regarding a

fraudulent amicus curie brief submitted in a litigation in Arizona involving

2 infants deaths & a $25 million dollar insurance policy issued by

Travelers_

(http://katysexposure.wordpress.com/2009/11/22/another-letter-to-the-national-ap\

artment-association-naa-regarding-a-fraudulent-amicus-curie-brief-subm

itted-in-a-litigation-in-arizona-involving-2-infants-deaths-a-25-million-dol

lar-insuranc/)

From Cheryl Wisecup

_paul@..._ (mailto:paul@...) ; _jeffreylee@..._

(mailto:jeffreylee@...)

Subject: Submission to the World Health Organization

Date: Thu, 19 Nov 2009 09:54:55 -0600

Good morning! I received a copy of the message that Sharon Kramer sent to

you this morning. I thought you might like to have the attached information

to assist you in your review of this important issue. Thank you.

The World Health Organization issued their 2009 report titled “Guidelines

for Indoor Air Quality—Dampness and Mould.†I recently contacted the WHO

and mentioned that their 2009 report was missing some publications relating

to the health effects of molds and mycotoxins. They invited me to submit a

list of publications that may have been omitted. The attached information

was sent to the World Health Organization on October 7.

Please keep in mind as you review this information that there are

thousands of documents available relating to the health effects of molds and

mycotoxins. The attached lists are not intended to include every possible

publication. I cross-checked my lists against the lists of references included

in

the 2009 WHO “Guidelines for Indoor Air Quality–Dampness and Mould†and

the 2004 IOM report on “Damp Indoor Spaces and Health†to ensure I wasn’t

duplicating their sources.

This information is being shared with hundreds of elected officials and

medical organizations throughout the country. Please feel free to forward

this information to others.

_Submission of Additional Publications Regarding Molds & Mycotoxins – 2009

Who Guidelines for Indoor Air Quality – Dampness and Mold_

(http://katysexposure.wordpress.com/2009/10/12/submission-of-additional-publicat\

ions-regardi

ng-molds-mycotoxins-2009-who-guidelines-for-indoor-air-quality-–

-dampness-and-mold/)

_National Apartment Association – Real-Life Story: How Ratings Sites Can

Hurt a Manager’s Reputation – Sharon Kramer’s letter to the NAA regarding

a

fraudulent amicus curie brief submitted in a litigation in Arizona

involving 2 infants deaths & a $25 million dollar insurance policy issued by

Travelers_

(http://katysexposure.wordpress.com/2009/11/19/national-apartment-association-re\

al-life-story-how-ratings-sites-can-hurt-a-manager’s-reputation/)

“If SEO and SEM (search engine optimization and search engine marketing)

were the apartment industry buzzwords of 2009, the buzzword of 2010 will be

SIM: social influence marketing, says. “That’s the next area of

opportunity that we envision: better managing social influence,†he says. “

Everything we learn is helping us redefine our 2010 marketing strategy to

focus more directly on what we call online reputation management.â€

_Look Who’s Talking: Managing Your Online Reputation_

(http://www.naahq.org/memberonly/Pages/LookWhosTalkingManagingYourOnlineReputati\

on.aspx)

_Real-Life Story: How Ratings Sites Can Hurt a Manager’s Reputation_

(http://www.naahq.org/blog/Lists/Posts/Post.aspx?ID=142)

From: Sharon Kramer

_paul@..._ (mailto:paul@...) , _jeffreylee@..._

(mailto:jeffreylee@...)

Sent: 11/19/2009 6:09:43 A.M. Pacific Standard Time

Subj: Regarding “Look Who’s Talking: Managing Your Online Reputation “

Dear Mr. Bergeron and Mr. Lee,

I read your writing/blog regarding how property owners and managers could

promote a positive image on line. You offer some good advice to managers

that if followed, could help to create community good will which translates

into more satisfied tenants, which translates into higher occupancy, which

translates into higher profits.

I found these words of advice particularly worthy:

“A lot of people complain because of a lack of response they see through

official channels. Be approachable and reachable, and that can reduce a lot

of complaints,â€

“When management takes a proactive view, or a set of actions that helps to

establish their reputation outside of a confrontational stance, they tend

to build a reputation that is respected,†Egan says. “So when people

complain, the companies’ responses become much more meaningful rather than

reactionary.â€

It is my hope that NAA will follow their own advice to property managers.

NAA has a huge problem. You submitted a fraudulent amicus curie brief in a

litigation in Arizona that involves two infants deaths and a $25 million

dollar insurance policy issued by Travelers. Then NAAHQ put it online that

you submitted the brief.

_NAA Files Amicus Brief in Mold Case_

(http://www.naahq.org/blog/Lists/Posts/Post.aspx?List=9d9bf7fe-13ea-4bf2-b7d6-dd\

27c8ac4533 & ID=118)

There are several science papers cited within the brief that I could

reference and give the history of how they have stood up in court and in the

media, but I am just going to reference to one: The US Chamber of Commerce “A

Scientific View Of The Health Effects of Mold†2003.

On page 9, NAA describes this paper as

In a report entitled, A Scientific View of the Health Effects of Mold, a

panel of scientists, including toxicologists and industrial hygienists

stated that years of intense study have failed to produce any causal between

exposure to indoor mold and adverse health effects. U.S. Chamber of commerce,

A Scientific View of the Health Effects of Mold (2003) at p. 64 and p. 65

There was no “panel of scientists†that authored this paper for the ILR.

It cites false authorship of being authored by a physician. Yet, the

physician has stated under oath that he had nothing to do with this paper and

did

not even know his name was on it. It has no scientific foundation to form

the conclusion that all claims of illness from the toxins of mold are a

result of “trial lawyers, media and junk scienceâ€.

The paper was actually authored by two owners of a litigation defense

support corportation, VeriTox. One of the authors, Bruce Kelman, is an expert

for the defense in the Arizona litigation. He comes to the mold issue circa

2000 from Big Tobacco.

He has stated under oath that the ILR paper was specifically written for

judges. It was paid for by the Manhattan Institute think tank who wanted

something written for judges.

If you have not been tracking the online reputation of the US Chamber, the

organization that NAA is holding out as the guru of science over mold, you

owe it to your members to do so. They are rightfully getting nailed left

and right for deceits of claiming more members than they really have and

their aggressive lobbying impacting everything from global warming to tort

reform to the rape of females in the military. Not a great group to have your

online reputation tied to at the moment.

NAA needs to take its own advice that it provides to its members. When

faced with online complaints that are legitimate and extremely serious in

origin, take action to correct the wrong.

NAA should retract their amicus submitted in the Arizona litigation. Not

only is it presenting a fraudulent science paper by the US Chamber written

expressly to influence judges, it is serving to damage the reputation of all

members of NAA on a national level.

As I understand it, the plaintiff attorney in the litigation has submitted

something to the court detailing and documenting the fraud within your

amicus. If the courts do not take action, then the online bloggers that help

those injured by mold will.

If the NAA is truly interested in doing what is right for its members and

thus their tenants; and understands the impact of justified negative

information on the net, then NAA should retract a now known fraudulent document

they have submitted in a legal proceeding, immediately.

The true harm of the fraudulent NAA amicus brief is that it is misleading

the members of NAA that mold does not harm. This leaves your members more

vulnerable to lawsuits similar to the litigation in Arizona because it

leaves their tenants in potential harms way from the NAA misleading their

members as to the potential serious illnesses from the matter.

Thank you in advance for your proactive response to this message, It is my

hope that NAA will heed its own advice and correct errors adverse to the

interest of NAA members and adverse to the health and safety of NAA members’

tenants.

Sincerely,

Sharon Kramer

Disclosure: I have a degree in marketing. I have been tracking the deceit

in science over the mold issue for about four years. I am currently in

litigation with Bruce Kelman over this exact Chamber paper in Ca. I was the

first to publicly write of the deceit of the paper online in 2005. The second

time the matter was written of, was on the front page of the Wall Street

Journal.

_WSJ – Court of Opinion – Authors of Science Paper Often Cited by Defense

Also Help in Litigation – Corruption & Deceit in Mold Litigation – ACOEM

/ US Chamber_ (http://katysexpo

sure.files.wordpress.com/2009/09/wsjonlinejan92007.pdf)

Dr. Kelman sued me for libel for the word “altered†claiming it was a

false accusation of perjury. The case has been interesting to say the least.

_Political Action Committee – NAA – files Amicus Brief in mold case (two

infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US

Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of

indoor mold &

limit financial risk for industry_

(http://katysexposure.wordpress.com/2009/11/02/updated-with-more-information-pol\

itical-action-committee-–-naa-–

-files-amicus-brief-in-mold-case-two-infant-deaths-in-mold-filled-apt-–

-wasatch-prop-mgmt-citing-us-chamber/)

“Changes in construction methods have caused US buildings to become

perfect petri dishes for mold and bacteria to flourish when water is added.

Instead of warning the public and teaching physicians that the buildings were

causing illness; in 2003 the US Chamber of Commerce Institute for Legal

Reform, a think-tank, and a workers comp physician trade organization mass

marketed an unscientific nonsequitor to the courts to disclaim the adverse

health

effects to stave off liability for financial stakeholders of moldy

buildings. Although publicly exposed many times over the years, the deceit

lingers

in US courts to this very day.†Sharon Noonan Kramer

Information on Riverstone Residential knowingly exposing tenants to

extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes

Apartments

in Baton Rouge, Louisiana

_Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone

Residential_

(http://katysexposure.wordpress.com/2009/08/16/documented-facts-toxic-mold-infes\

ted-jefferson-lakes-apartments-managed-by-riverstone-residential

-baton-rouge-la/)

_Riverstone Residential Litigation_

(http://katysexposure.wordpress.com/riverstone-residential-litigation/)

_Mold Inspection Reports_

(http://katysexposure.wordpress.com/mold-inspection-reports/)

_Photos of Mold in Apartment_

(http://katysexposure.wordpress.com/photos-of-mold-in-apt/)

_Attorney Malpractice_

(http://katysexposure.wordpress.com/attorney-malpractice/)

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