Славянские пути - Slavic Ways E-mail: [email protected] www.slavicways.com T: (206) 497-8930
Land of scared and intimidated: defenders of rights, crime fighters or malicious prosecution? How trio Attorney Buehler, Paralegal Senchenko and Massager Lyssak were collecting evidence
Writing below is a part of the “Russian Mafia” topic (see July 2015, front
page).
Attorney Buehler is open about his desires, for example, he wrote to a local Judge and an executive secretary of an administrative agency: “So
there is no misunderstanding, my intent and desire was and still is to see
Mr. Malanchuk prosecuted and jailed under Washington’s Criminal Profiteering Statute. His numerous instances of the unlicensed practice of law,
a class C felony, satisfy the elements of the offence”.
Note: RCW 9.62.010 Malicious prosecution: Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause
another to be arrested or proceeded against for any crime of which he or
she is innocent:
(1) If such crime be a felony, is guilty of a class C felony and shall be
punished by imprisonment in a state correctional facility for not more than
five years; and ….”
The following writing by Attorney Buehler, demonstrates his attitudes toward Law: “ .. as the Executive Secretary with General Counsel job functions, if you are interested, give me a call, and I can brief you on the investigation. A call will not be su bject to Mr. Malanchuk’s demands for
“public disclosure.”
Attorney Buehler is not alone. Russian speaking Paralegal Senchenko,
working under supervision of Attorney Cutler and Massager Lyssak, Attorney Elliott with her husband and some others work hard to find anything wrong and or illegal in what Mr. Malanchuk does as a Public Insurance Adjuster.
All or some went to Mr. Malanchuk’s clients, asking to file complaint
against him, offering protections or legal services, seeking any and all information which might even remotely point to wrongdoings. They used
threats, harassment, intimidation in order to inflict so much fear among
immigrants that they will run away from Mr. Malanchuk and his business
in order to starve it financially out of existence.
One of former client informed
Mr. Malanchuk that they said
that they promised money
through lawsuits, claiming that
they could off get so much
money, and so on. So far, only
one of those clients agreed to
write something, Nadezhda M.,
but it is unknown whereas they
paid her or not.
Note: RCW 9.12.010 Barratry: Every person who brings on his or her own
behalf, or instigates, incites, or encourages another
to bring, any false suit at law or in equity in any
court of this state, with intent thereby to distress or
harass a defendant in the suit, or who serves or
sends any paper or document purporting to be or
resembling a judicial process, that is not in fact a
judicial process, is guilty of a misdemeanor; and in
case the person offending is an attorney, he or she
may, in addition thereto be disbarred from practicing law within this state.
One might add conspiracies, threats and other
crimes described in criminal statues, but this is
enough to point that what they do might have elements of crimes for which they all could be prose-
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cuted. There is a saying: “Don’t dig a hole for someone for you can end up
in it yourself”.
The reason for their conduct appears as a simple one. Public Insurance
Adjusters (PIA) may represent claimants in securing fair settlements in
accidents, for which they have specialized education and charge only 1015%, comparing to a minimum of 33% + expenses by attorneys, who may
delegate it to paralegals.
Unknown too many is a simple fact: attorney and paralegals are not insurance adjusters and do not have such license or special education, just as
they are not doctors or mechanics. However, many people assume that attorney is the only help: far from it. Just as a malpractice attorney is not a
doctor, an insurance attorney is not an insurance adjuster.
Importantly, Laws in State of Washington requires to have a license to adjust claim and attorney may do it only if it is INCIDENTAL to their legal
practice (see RCW 48.17.010). Furthermore, it is known that majority of
documents are prepared by paralegals, which do not have to have anything, not even an education – there is no need to get a license nor education for it – all done voluntarily, if at all. What that means is that, it is possible, that paralegals act without license and specialized knowledge by
preparing insurance claims for attorneys.
If an insurance company is not refusing to pay for damages, what do you
need an attorney for? To adjust and evaluate claim? How many of them, or
their paralegals, can do it, really? Maybe they relying on the insurance
companies’ adjusters or just came up with a number to see what sticks?
Insurance companies are well aware that many attorneys are without specialized knowledge and, as one can imagine, insurance companies have
lawyers too. So, it is naïve, at best, to think that when one hires an attorney, insurance will be ‘scared’ into paying more. The question is how to
evaluate damages and who is competent enough to do it? For example,
PIA must have special education and a license in order to adjust claims.
So, why, in the entire State of Washington, there are about 25 people have
Public insurance Adjuster licenses?
Attorney Buehler, Attorney Barbe, Attorney Cutler and Attorney Elliott
are not pleased that within Slavic community, there is an adjuster helping
out. Once they started to lose clients, they ‘got to work’: wrote bogus and
fraudulent complaints, in order to Mr. Malanchuk livelihood by scaring
immigrants. Furthermore, upon finding Mr. Malanchuk’s clients, they
would go to them, telling that he is a mafia and if they will deal with him,
they might be prosecuted for fraud and so much more.
Most telling is Attorney Buehler’s letter to two immigrants with the threat
of $250,000.00 fine and a lawsuit against them, unless they ‘cooperate’.
Certainly, those immigrants were fearful of potential consequences, considering that the U.S. Attorney wrote an official letter to them.
It is worth noting that many immigrants have green cards and their ability
to get a citizenship could be destroyed if they will get in trouble with the
Law. While U.S. born and educated people might classify Attorney
Buehler’s threats as idiotic, it is completely different when it comes to uneducated, hardly speaking English green
card holders.
While denying their direct or indirect
involvement, certain local Pastors were
helpful in creating ‘talk’ about ‘angry
non believer’ newcomer to Spokane. It
was designed to turn public opinion
against Slavic Ways and dry up clients’
base, as well as denying clients for insurance claims. It worked: their ‘sheep’
went on talking around town about angry non believer and hater of Church of
God and so on.
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