Leader DeSimone’s legal skills help wage thief


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John DeSimone
John DeSimone

House Majority Leader John DeSimone is also a lawyer and one of his clients is Chung Cho, a restaurant owner who was fined for wage theft in Connecticut and, more recently, faces a lawsuit for allegedly stealing wages from his employees at Gourmet Heaven in downtown Providence.

“Defendants are without sufficient knowledge or information to admit or deny that plaintiffs were employed by Gourmet Heaven,” wrote DeSimone in a court filing on behalf of Cho.

Cho is facing a lawsuit from eight workers in Rhode Island for unpaid wages in violation of the minimum wage and overtime provisions of the federal Fair Labor Standards Act and the Rhode Island Minimum Wage Act. The eight workers are being represented by Robert McCreanor and Marissa Janton of the RI Center for Justice. Gourmet Heaven, which Cho recently sold, has been the center of several public demonstrations.

In Connecticut, Cho was charged with “42 felony and misdemeanor counts of wage theft, larceny, and defrauding immigrant workers after a 2013 Connecticut Department of Labor investigation found that Cho owed over $218,000 in unpaid wages” to two dozen restaurant employees, according to a court filing.

Gourmet Heaven 010The Center for Justice initially filed its lawsuit in February, 2015, after “several requests for extension of the deadline for filing responsive pleadings”. DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.

Gourmet Heaven 004GSP Corp had come into existence about a month earlier, on April 9, “listing 173
Weybosset Street … as its address and Dae Hyun Yoo as its registered agent,” according to the lawsuit. Gourmet Heaven was incorporated at this address, which is also where the restaurant is located. “Dae Hyun Yoo (aka David Yoo) is the Chief Executive Officer of B.C.S. International Corporation (B.C.S.), a wholesale food supply company,” according to the filing. “While operating Gourmet Heaven, LLC, Defendant Chung Cho regularly ordered inventory from B.C.S. and two of its subsidiaries, Hyun Dai International Food Corp and New York Cheese Corp.”

DSC_2087-421x600 (1)After the sale was finalized on September 14, “$225,389.11 of the $500,000 purchase price was paid directly to B.C.S., Hyun Dai International Food Corp, and New York Cheese Corp, purportedly to satisfy existing debts.” In the closing statement, Chung Cho is listed as receiving only “$1,620.78 from the $500,000 purchase price” after other debts were settled.

In response to this “sale” (quotation marks are included in the complaint) the Center for Justice amended its complaint to include GSP Corp as a defendant., believing the “sale” is merely an attempt to evade liability. GSP Corp hired Brian LaPlante and Michael J Jacobs as lawyers and have moved to have the complaint against them dismissed. A judge will hear the motion on September 20.

Selling the business and pleading poverty to avoid responsibility seems to be Cho’s signature move. One month after he was arrested in Connecticut, he sold his Connecticut Gourmet Heaven stores to Good Nature Café Inc, which was incorporated the previous October.

After selling his Connecticut stores, “on September 30, 2015 Defendant Chung Cho filed for personal bankruptcy in Connecticut,” says the complaint, “In December of 2015 Defendant Chung Cho testified at a hearing in Connecticut that he has no assets, contradicting a previous sworn statement that he possessed between $1 million and $10 million in assets.”

Back in Providence, on September 16, 2015, GSP Corp took over operation of the store located at 173 Weybosset Street, and renamed it Serendipity Gourmet. “The store continues operation at the same address, with many of the same employees, and sells the same products. The signage on the store uses the same font and colors, and the word ‘Gourmet’ still appears in the name. Signs on the exterior of the store proclaimed that it was ‘under new management.’”

In March of this year, GSP Corp applied for a new food dispenser and holiday sales license with the Providence Board of Licenses for their newly minted Serendipity Gourmet. The board’s attorney is Louis DeSimone, Representative John DeSimone’s cousin.

Voters should know when the people we elect to represent us also defend the monsters who oppress us. Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.

DeSimone is facing a challenge to his House seat from Marcia Ranglin-Vassell.

DeSimone did not respond to requests for comment.

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Frances Fox Piven on voter suppression and movements


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Frances Fox Piven 01
Frances Fox Piven

Frances Fox Piven is a legend. Her work was instrumental in the creation of the welfare rights movement and the war on poverty.  Last night, Piven gave a talk entitled Strategic Voter Disenfranchisement: How Political Party Competition Shrinks the Electorate at the RI Center for Justice (in collaboration with the Swearer Center for Public Service at Brown.)

With Bernie Sanders and Hillary Clinton neck and neck in the polls, said Piven, starting her talk, “I thought, I’ll talk about voter disenfranchisement, but I want to talk about that in the context of this election… I actually think this is an important election.

“The strangeness of this election. It’s really kind of amazing… Things are happening that can’t be explained by the truisms that political scientists repeat to each other.”

For instance, asked Piven, who has served on the board of the Democratic Socialists of America, how can Bernie Sanders get away with calling himself a socialist? What has changed?

For Piven, the answer is that America today is a land of broken promises. “People rise up when the promises that have been made… have been broken. Life is very uncertain and insecure. You’re earning less money, your pension may be at risk. There is soaring inequality. Some people are getting so rich.”

The system is rigged and not in our favor. A very few are very rich and the rest of us are doomed to live lives in poorer and meaner circumstances than our parents. Yet there is a counter to this, said Piven, and that counter is electoral democracy.

“Many activists are skeptical of electoral democracy,” said Piven, yet, “political institutions nevertheless create a realm of equality. At least in principle, everyone has one vote. Those votes, when aggregated, can depose rulers. You can kick the sons of bitches out!”

Frances Fox Piven 02Since it is well known that “when electoral rights expand people do better,” said Piven, democracy becomes a threat to the status quo. Therefore, it behooves the rich and powerful to fight back. “The threat of democracy is met by manipulating electoral procedures.”

Some of the manipulations of electoral procedures were built into the country’s structure by the Founding Fathers, said Piven. The Senate, for instance, guarantees two Senators from every state, even if no one lives in the state. The Supreme Court is another example. The Court is only marginally influenced by voters, being nominated by the President to lifelong positions. “Walling off certain parts of the government and saying this part of the government is not exposed to the electorate” circumvents the power of democracy said Piven.

And of course the final way of challenging the power of electoral democracy is by “suppressing votes and voters.”

“In Political Science we have a ‘faith’ and one of the axioms is that competing parties expand voter engagement,” said Piven, but, “Competing parties exert themselves to make it hard for voters that may vote for their opponents. That’s just as logical, but you won’t find that in any textbooks, but it has happened in American history.

“At the turn of the 20th Century, immigrants became the constituency of the machine bosses. These machines traded voter allegiance and voter loyalty for favors. Businessmen had a problem with that arrangement because they wanted efficient services. [Political] machines are not good at providing the kinds of services that lead to business expansion. Municipal reform organizations were business organizations,” said Piven. The machines used voter registration, literacy tests, poll taxes and other methods of voter suppression to drive down immigrant voter turnout significantly.

And this is happening today, with voter suppression laws being enacted across the country.


“Every presidential election turns out to be the most expensive in history because of the concentration of wealth spilling over” into the political arena, said Piven. “There is no wall” between money and politics. “Inequalities outside the electoral arena spillover.” Today we conduct polls to see how voters are thinking but we also track political contributions. Dollars and votes seem to be equally important.

This money, and the voter suppression we are seeing in politics, is aimed squarely at the “new electorate.” This rising block of voters tend to be more progressive. Black voter turnout has increased, immigrant groups continue to expand, the youth vote jumped in 2008 and 2012 and there’s been a “shift in the women’s vote since 1980 and the Reagan elections,” said Piven.

Given the shift in voters, “Conservatives shouldn’t be able to get elected,” said Piven. But through the manipulation of voter eligibility, they do.

And it isn’t ending, said Piven. Right now there’s an effort underway to change the formula for representation from the number of members in the population to the number of active voters. This is a vicious circle, and it’s by design.

Taking away “our ability to influence government” is another broken promise.


“Broken Promises in the economy and politics probably accounts for the surge in movements over the last few years,” said Piven. “This was the beginning of a new movement era.”

She noted three in particular:

“First there was Occupy, the press mocked them at the beginning. Then everyone started using Occupy’s slogans and language. Then there was the Fight for $15. SEIU had a significant role in promoting $15 as the goal. They wanted to build the union. That didn’t happen. What happened instead was that a movement took off that has been affecting local politics,” and then of course there’s Black Lives Matter.

There are also movements on the right, but these are “not among low wage workers or immigrants. [These movements] are occurring among middle class people, a little older, above the median income. Donald Trump is speaking to those people and their imaginary past…” There are “strong currents of religious fundamentalism and macho culture, gun culture, imaginary pioneers… We’ve got to live with that.”

“Movements are not majorities,” said Piven, “movements are spearheads…

“Movements have played a key role in shaping the United States since the revolutionary period.” Piven mentioned three movements in particular that had gigantic political implications.

The abolitionists freed the slaves, FDR became a radical due to the rise of the labor movement, which brought social security, labor rights, welfare policy, and public housing policy, and the civil rights movement which finally did emancipate blacks, shattered Jim Crow in the South.

“The troubles caused by movements become troubles for politicians and governments,” said Piven, “Movements communicate issues politicians wanted to avoid – showing people they could become defiant and shut things down.”

Too often “activists dismiss elections but there’s an interplay,” said Piven, but, “movements nourish electoral politics. Sanders couldn’t have run without Occupy.”

“Movements made Sanders possible,” said Piven, wrapping up her talk, “I think Sanders could win the nomination. But I don’t know what will happen in a general election. It’s amazing. There’s no precedent…

“What really worries me is Sanders as President. He would be in the White House surrounded by politicians determined to block him at every move. Movements at that juncture will become very essential to a Sanders presidency because movements can shut things down. That is the kind of popular weapon that could be equal to the gridlock Sanders could be facing.”

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Francis Fox Piven to speak at the RI Center for Justice


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51+lZ1cit8L._SY344_BO1,204,203,200_Renowned scholar Frances Fox Piven will explore strategies used by political party operatives to disenfranchise voters from opposing parties, including, in recent years, Republican Party operatives focused on disenfranchising voters of color. Professor Piven will discuss complexities surrounding claims of “voter fraud” and strategies for community resistance tonight (Thursday) at the Rhode Island Center for Justice, Room 204, 150 Washington St, Providence at 7pm.

Frances Fox Piven is an internationally renowned social scientist, scholar, and activist whose commitments to poor and working people, and to the democratic cause have never wavered.

“As co-author, with Richard Cloward, of the classic 1977 treatise, Poor People’s Movements, Piven has made landmark contributions to the study of how people who lack both financial resources and influence in conventional politics can nevertheless create momentous revolts,” wrote Mark Engler and Paul Engler. “Few scholars have done as much to describe how widespread disruptive action can change history, and few have offered more provocative suggestions about the times when movements — instead of crawling forward with incremental demands — can break into full sprint.”

Piven’s professional accomplishments in the world of academia place her among the ranks of the most important social scientists of the last century, but it is not only Professor Piven’s academic work that marks her career for distinction. Rather, it is the unique and exemplary ways that she has bridged the worlds of academia and social activism to advance humanizing social policy reform that sets her apart.

Co-sponsored by the Swearer Center for Public Service at Brown University and the Rhode Island Center for Justice.

[From a press release]

“Many groups that have the power to make life decisions for others don’t ever have to live out the consequences.” – Frances Fox Piven

Powerful video about National Grid’s disregard for customer health


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A heartbreaking video, The Lifeline Campaign, about National Grid’s seeming disregard for the law, has just been released on Vimeo. National Grid is being sued by the RI Center for Justice because they routinely shut off the electricity of seriously ill and disabled customers with past due bills, despite the presence of a doctor’s note that says the patient’s life will be imperiled if they lose service. This is against Rhode Island law.

Worse, the RI Public Utilities Commission, charged with protecting consumers, routinely rubber stamps National Grid’s requests to terminate service and does not review each case on the merits.

There is one particularly chilling sequence in which Ramon, who has a machine that allows him to breathe, tells us about the reaction of the National Grid employee when he was confronted with the fact that Ramon might die without electricity.

“It’s my job, and National Grid ordered me to shut it off,” said the National Grid employee, “so, it’s my job to do it. I hate to do it. See, I wouldn’t like to do it because I know your life depends on it, but it’s my job and I have to do it.”

You don’t have to read Hannah Arendt to understand what’s happening here.

You can watch The Lifeline Project in its entirety, below:

I’ve covered this story here:

The Lifeline Campaign is a documentary film produced by Brown University undergraduates Arohi Kapoor, Drew Williams, Isabelle DeBre, and Victoria Kidd, with the support and involvement of the George Wiley Center. The George Wiley Center is a grassroots community organization that fights for utility justice and other forms of social and economic justice through community organizing to win concrete changes in public policy. Learn more at: georgewileycenter.org.

The Rhode Island Center for Justice is a non-profit public interest law office that collaborates with the George Wiley Center to operate the Lifeline Project, a program designed to enforce and protect the rights of seriously ill and disabled low-income utility consumers in the State of Rhode Island. Learn more about the work of the Rhode Island Center for Justice at: centerforjustice.org.

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RI Center for Justice discusses lawyering for social change


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RI Center for JusticeIt was a packed house at the RI Center for Justice as Executive Director Robert McCreanor lead a discussion about the collaborative work of community organizers and public interest lawyers in the area of social justice. On the panel were organizers and lawyers who work with DARE (Direct Action for Rights and Equality) and PrYSM (Providence Youth Student Movement) in Providence, and MFY’s Housing Project, the Three-Quarter House Tenant Organizing Project (TOP) in New York City.

What became clear over the next ninety minutes is that lawyering works in support of community organizing, not the other way around. What this means is that lawyers interested in social justice work need to “find the legal work that can support the organizers,” according to Shannah Kurland, a community lawyer and Soros Justice Fellow at PrYSM.

Kurland started as a community organizer at DARE, and struggled with her decision to become a lawyer. She was “not sure if becoming a lawyer was a right fit” and asked herself, “was it selling out?”

Michael Grinthal, supervising attorney for MFY’s Housing Project and Three-Quarter House Project, also started as a community organizer. For him, lawyering is a better fit, especially now as a father of a two year old. In New York, “all battles come back to housing because its so hard to live in NYC,” said Grinthal.

MFY “was the legal office for the welfare rights movement,” says Grinthal, making a local connection by adding, “George Wiley is one of the founding organizers in that movement.”

The funding for much legal service work comes through “legal services corporation” but under a law pushed through by Newt Gingrich (in a deft example of racist legislating, I should add) “organizations that get such money cannot do community organizing,” said Grinthal

Michael Zabelin, Staff Attorney at Rhode Island Legal Services and a lawyer who often works closely with DARE was never a community organizer. His work with the Harvard Legal Aid Bureau made transition to working with DARE “the obvious thing to do.” Zabelin twice mentioned the influence of community lawyer Steve Fischbach on his ideas around being a lawyer. Fischbach’s work around housing issues was instrumental in getting Just Cause passed a few years ago.

Paulette Soltani works with MFY Legal Services as a community organizer for the Three-Quarter House Tenant Organizing Project (TOP). TOP started five years ago to help organize tenants living in three quarter houses, described as an unregulated housing industry that pretends to offer transitional services for people recently released from prison or substance abuse centers. “They open buildings and pack 6-8 people in,” says Soltani, they sometimes “force the use of certain medicaid providers, as a form of Medicaid fraud.”

People living in these conditions can find themselves evicted without due cause. Often they are locked out and separated from their possessions. This can have the effect of sending these tenants back onto the streets, into homeless shelters, or into conditions that can ultimately send them back to jail or substance abuse.

As a community organizer Soltani must often deal with the immediate and personal issues of those she meets, “but the point of an organizer is to target systems” in addition to base building, outreach and leadership development. Her goal is to allow “people to develop their voices” as leaders and to work within coalitions.

Christopher Samih-Rotondo, Community Organizer at DARE and the Tenant and Homeowner Association (THA) agrees. He organizes low income communities of color in the south side of Providence. He works to develop team leaders for direct action and to effect legislative and policy change.

Samih-Rotondo spoke about Just Cause, passed because during the foreclosure crisis “banks became de facto landlords and would evict tenants without cause.” With lawyers his group “developed legislation to hold banks responsible for landlord tenant act.” The services DARE provides for individuals are done to “bring people in to form a movement, radicalize people, and change the system.”

Shannah Kurland doesn’t want this to sound too mercenary. Not all people who come to a group like DARE will stick around. Still, it’s important to help them. “Here’s a human being, part of our community, facing an issue,” said Kurland, later adding that, “a movement isn’t about one issue.” People who come one year to work on an issue like childcare may come back years later to do foreclosure work.

Samih-Rotondo thinks it is important to build individual capacities in people who come to his group for help. There are many things people can do without a lawyer, if they have the rules explained to them and can be empowered to act on their own behalf.

Soltani said that it is important for community organizers to meet “people where they are and understanding why they’re there in the first place. If they don’t come, ask why?”

For Sarath Suong, co-founder and executive director of PrYSM, lawyers have always been required. We needed “immigration lawyers early on to end Cambodian deportations.” More recently, PrYSM’s work on the Community Safety Act (CSA) required careful legal writing. The CSA has “twelve provisions that will curb profiling” and seeks to free people from “state, street and interpersonal violence.”

However, says Suong, “we know that policy will not save our communities. We know that communities need to save themselves, build a sense of resistance.”

Kurland agrees. “There are a ton of laws to protect you,” she says, “but they not enforced.” People in low-income communities of color learn that “here are your rights on paper,” now, “how do I stay safe on the street?” In other words, is asserting one’s rights in the moment worth the risk of being arrested or beaten?

When PrYSM started back in 2001, “only the police were engaging with SouthEast Asian youth” in Providence,” said Suong. PrYSM is based on Love, Power and Peace, and seeks to “hold Police accountable for the way they profile young people.”

The RI Center for Justice has a mission of “Protecting legal rights to ensure justice for vulnerable  individuals, families, and communities in Rhode Island.”  The Center currently works with Fuerza Laboral  on the Wage Justice Project, with the Community Action Partnership of Providence (CAPP) on the Tenant Advocacy Project and with the George Wiley Center on it’s Lifeline Project.

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