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California bill targets fake liens used to harass victims

A California lawmaker introduced a bill Monday to crack down on fake liens filed against politicians, court employees and businesses that can force victims to spend thousands of dollars in legal fees to clear their names and repair their credit.

The bill by Assemblymember Diane Papan (D-San Mateo) comes after a Times investigation in July found lien claims filed with the secretary of state’s office are used by antigovernment agitators, including so-called “sovereign citizens,” for conspiracy-laced demands and vendettas. The U.S. Justice Department and the nonpartisan Congressional Research Service have called fake liens a form of “paper terrorism.”

“This isn’t an exotic or onerous fix,” Papan said Monday after the state Legislature returned to the Capitol to begin a new session. “The fact is that someone can do irreparable damage to someone’s reputation and their ability to have good credit. And we can certainly do better in California.”

Liens are recorded in state Uniform Commercial Code databases across the country, with the public filings intended to standardize interstate transactions and alert creditors about business debts and financial obligations.

The Times’ investigation found that state databases of UCC liens, which were designed to be straightforward and quick to file, are inherently vulnerable to abuse. A single false filing can claim an individual or business owes debts worth hundreds of millions or even trillions of dollars. Others flood victims with repeated filings that make it appear they are entangled in complex financial disputes.

In California, a lien recorded with the secretary of state costs $5 to file, but removing a fraudulent one from the public database requires a court order, which can cost thousands in attorney and court fees. The state does not notify a person when a lien names them as the debtor, allowing fake filings to remain in California’s public database for years before a victim discovers them. Many politicians and government employees learned from The Times that they had been targeted with spurious filings.

Under Assembly Bill 501, the secretary of state’s office would be required to notify individuals within 21 days if they are named as a debtor in a lien filing. The legislation also would delay court fees until the end of judicial proceedings.

In cases where the lien is found to be fraudulent, the bill would make the guilty party liable to the victim for three times the amount of court fees paid. The bill would also increase the maximum civil penalty for filing a fraudulent lien to $15,000, up from $5,000. California law already makes it a felony to knowingly file a fake lien.

“Victims of these fraudulent filings often have no idea they’ve been targeted until real harm is done,” Papan said. “That harm can look like wrecked credit, failed background checks, or failed mortgage applications while the people committing the fraud face relatively little risk or consequence.”

The National Assn. of Secretaries of State said the vast majority of UCC filings are legitimate. But, in a 2023 report, the association said that “fraudulent or bogus filings” were a widespread and persistent problem across the country, warning that they “can create serious financial difficulties for victims.”

One high-profile California public official who was unaware he had been named in a UCC claim until contacted by The Times said he was alarmed to find that the filing contained his home address. The Times identified hundreds of other UCC filings with no apparent legal basis that also listed the home addresses of government officials and prominent power-brokers, effectively turning the state’s public database into a doxing tool.

In the debt claims, individuals falsely allege government officials owe them money or property, in some cases claiming ownership of the victim’s home. Other fake filings target businesses with claims of being owed cash and cars. In some cases, individuals file dozens or hundreds of fake liens. Paid online classes associated with fringe antigovernment ideologies teach people how to record UCC liens, often promoting the filings as a way to pressure perceived adversaries or falsely claiming that the filings can erase debts.

Michael Rogers, a San Diego attorney who represents auto dealers targeted by fake filings, said AB 501 would “greatly curb some of the systemic abuses used by the sovereign citizen movement and others” who file unsupported or fraudulent lien notices.

Consumer credit expert John Ulzheimer said in July that liens can complicate a person’s ability to obtain a mortgage or a company’s chances of securing lines of credit. In some cases, he said, the filings can derail job applications for positions that require thorough background checks.

Papan said her bill would restore “balance and accountability” to the UCC system, ensuring it remains a trusted commercial tool while adding protections for Californians targeted by fraudulent filings.

“We can’t allow the Uniform Commercial Code to be used as a weapon,” Papan said. “The fact that these forms are being used to damage the integrity of commercial transactions is very troubling.”

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‘Pluribus’ Season 1 finale: Drop the bomb or save humanity?

This article contains spoilers for the Season 1 finale of Apple TV’s “Pluribus.”

Fellow misanthropes, Season 1 of “Pluribus” is done. Now what do we do, other than lean into our usual harsh judgment and mistrust of others?

Our spirit series left us wondering who or what will put the final nail in humanity’s collective coffin: an alien virus or a malcontent with an atomic bomb. As for saving everyone? Cranky protagonist Carol Sturka (Rhea Seehorn) struggled to find ways to preserve the human race for much of the series, but by the finale, she was fairly convinced that the planet would be better off without us.

For those of you who haven’t kept up with the best show on television this year, Carol’s among 13 people left on Earth who are immune to an alien virus that’s otherwise fused all of humanity’s consciousness together into one blissful hive mind. Now everyone thinks alike and has the same knowledge base, which means TGI Fridays waiters can pilot passenger planes and children can perform surgeries. No one is an individual anymore. They simply occupy the body formerly known as Tom or Sally or whomever. “Us” is their chosen pronoun.

This army of smiling, empty vessels just wants to please Carol — until they can turn her into one of them. Joining them will make her happy, she’s told. It’s a beautiful thing, having your mind wiped. But the terminally dissatisfied Carol would rather stew in her own low-grade depression and angst that forfeit her free will. Plus, her ire and rage is kryptonite against those who’ve been “joined.” When confronted with her anger, they physically seize up and stop functioning. Their paralyzing fear of Carol’s ire is empowering, pathetic and hilarious. The world literally comes to a standstill when she snaps. No wonder she’s my hero.

“Pluribus” comes from Vince Gilligan, the same brilliant mind behind “Breaking Bad” and “Better Call Saul.” The Apple TV series is nothing like his previous successes except that it’s set in Albuquerque, stars Seehorn and is singularly brilliant. And like those other seminal dramas, it plumbs deeper questions about how we see ourselves, who we really are and who we strive to be.

To be fair, Carol was irritated by the human race long before the alien virus converted them into worker bees. She was convinced most people were sheep — including those who loved the flowery writing and cheesy romance plots of her novels. But the the total loss of a free-thinking community isn’t all that satisfying, either.

In the finale, she connects with Manousos Oviedo (Carlos-Manuel Vesga), a fellow survivor who’s also immune to the virus. He wants nothing to do with the afflicted, no matter how peace-loving they appear. In the before times, it appears he was a self-sufficient loner. Postapocalypse, he travels all the way from Paraguay to meet Carol after he receives a video message from her. He drives most of the way before arriving at the treacherous Darién Gap, where he’s sidelined after falling into a thorny tree — but “they” save him, much to his chagrin. He eventually continues the journey, via ambulance.

Now saving the human race is up to two people who never had much love for it in the first place. They converse through a language translation app, which makes their arduous task all the more complicated — and hilarious.

Multiple theories have sprung up around what “Pluribus” is really about. One prevailing thought is that “the joining” is a metaphor for AI creating a world where all individual thought and creativity are synthesized into a single, amenable voice. Surrender your critical thinking for easy answers, or in the case of “Pluribus,” an easy life where you’ll never have to make a decision on your own again. Most humans would rather be a doormat than a battering ram, regardless of the urgency or circumstance.

Optimists might say, “Why pick one extreme or the other? There’s surely a place in the middle, where we can all live in harmony while holding onto our opinions and sense of self.” That’s sweet. Carol and I heartily disagree given the arc of history and all.

Just how my favorite new antihero will deal with her disdain for the Others is yet to be seen. Save the world or destroy it? We’ll all have to wait until next season to find out. Until then, “Pluribus” just needs some space.

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