Tuesday, February 4, 2014

The Gap Between Policy and Practice at the D.C. Jail: A Discussion of the Shortcomings of Mental Health Treatment and Suicide Risk Prevention

On November 7, 2013 Virginia Willis, a D.C. resident, testified before the Committee on the Judiciary and Public Safety at a Public Oversight Hearing regarding her fiancĂ©’s suicide at the D.C. Jail in June of 2013.  Mrs. Willis came before the committee with many unanswered questions: what is in the cells that can be used for inmates to hang themselves and what is being done to change that?  What measures are put in place if an inmate comes in with a mental illness?  Is old paperwork being pulled up?  Unfortunately, besides naming a specialized task force and referring to an expert’s report on the current state of the D.C. Jail, Chairperson Tommy Wells found himself apologetic and unable to answer such imperative questions.


Though Mrs. Willis’s questions are critical to answer, “[r]eforming legal treatment of individuals with mental illness has been a topic that periodically resurfaces only to be quickly replaced by the next emergent public policy issue . . . decisions are generally made in a reactionary fashion.”[1]  This is exactly the manner in which the Committee on the Judiciary and Public Safety is handling the exasperation of three suicides in the year 2013 and 165 suicide attempts since the year 2011.  The following text will detail the current state of the D.C. Jail, review its policies and regulations, and provide potential solutions for the D.C. Jail—not as a reactionary response, but rather as a preventative measure—to improve the overall quality of mental health treatment at the D.C. Jail.

With regard to the most recent suicide at the D.C. Jail, Chairperson Wells’ asked: “[i]s this a case of faulty practice or did this one fall through this cracks?”  Dr. Diana Lapp, Deputy Chief Medical Officer and Interim Medical Director at the Department of Corrections, answered, “[t]his one fell through the cracks.”  Further, Dr. Lapp noted that although the D.C. Jail had prior information of “the high risk [mental health] indicators” for this individual, she was unaware of this information until she read it in the Washington Post. 

There is a huge gap between the D.C. Jail’s policies and what actually occurs in practice.  In response to the many suicides at the D.C. Jail, Thomas Faust, Director of D.C.’s Department of Corrections consulted Lindsay Hayes, a nationally recognized expert in the field of suicide prevention within prisons and jails.  Mr. Hayes’ preliminary assertion best illustrates the drastic gap between the current policies at the D.C. Jail and their practices:

Despite the policy requirements from the D.C. Department of Corrections and Unity Health Care, current practices reflect a different training schedule and focus.  For example, this writer was informed that correctional officers that are assigned to the mental health unit (South 3) in the Central Detention Facility do not receive any specialized mental health and/or suicide prevention training (either on a pre-service or annual basis).  In practice, the totality of suicide prevention training to all employees is a 39-slide PowerPoint presentation entitled ‘Suicide Prevention (Module 16).’

In 1999 Joseph Heard, a deaf, mute, and mentally disabled[2] man, found himself in the D.C. criminal justice system for “trespassing” onto George Washington University’s campus.[3]  Mr. Heard was first ordered to Saint Elizabeth’s Hospital for a competency evaluation and the trial court eventually dismissed the charge.  Instead of being released from Saint Elizabeth’s Hospital, however, Mr. Heard was mistakenly sent to the D.C. Jail where he remained for two years.[4] 

Although a D.C. Jail official discovered this glitch in the computer system stating Mr. Heard had a “pending misdemeanor” on Mr. Heard’s first day at the jail, the officer failed to address the problem and instead left work for the day.  Throughout Mr. Heard’s unlawful time at the D.C. Jail, he repeatedly sent notes to correction officers, social workers, and other D.C. Jail officials stating his innocence and his wrongful placement at the jail.[5]  These employees responded either by laughing or throwing away the notes.  Mr. Heard was “never once provided with an interpreter, [an] attorney, or a court date.”[6] 

Because of Mr. Heard’s mental disability, he was housed in the Mental Health Unit (“MHU”) where he was isolated, unable to communicate, and repeatedly beaten by other inmates.  There, he was placed on suicide watch, diagnosed with major depression, and involuntarily medicated numerous times.[7]  Eventually when all inmates from the Mental Health Unit were transferred to other prisons, there was one individual left: Mr. Heard.  It was at this time when the jail staff finally acknowledged his wrongful imprisonment.  Years later, through a civil suit, Mr. Heard received eleven million dollars for this unforgiveable civil rights violation.

Since Mr. Heard’s lawsuit surfaced, numerous preventable oversights have occurred.  Early in February 2013, William Pierce, also a deaf individual who was housed at the D.C. Jail filed an action alleging a disability-based discrimination.  Mr. Pierce was denied medical care, held in solitary confinement, kept from communicating, and denied access to his prescribed HIV medication.  In an interview, Mr. Pierce communicated through a videophone: “I can’t verbally speak . . . I had asked for an interpreter and I kept asking for it.  They told me to shut up.

Despite such appalling public media attention, the inhumane treatment of mentally ill and mentally disabled inmates continued.  In 2008, a Superior Court judge sentenced twenty-seven year old quadriplegic, Jonathan Magbie, to ten days in jail for his first offense of misdemeanor possession of marijuana.  The D.C. Jail was “incompetent to meet [Mr. Magbie’s] special needs, [which included] dependence on a ventilator.”  Within four days, Mr. Magbie passed away at the D.C. Jail.

With the array of dysfunction surrounding the practices used by the D.C. Jail in a feeble attempt to provide appropriate mental health care and suicide prevention comes many solutions.  The key, however, appears to lie in holding each individual accountable for the respective roles.
Gretchen Sund, a Reentry Advocate for the D.C. Jail and Prisoner Advocacy Project testified regarding the implementation of a “trauma-informed care” system.  Essentially, trauma-informed care assumes that the person (in this case, the inmate) is “injured”[8] in some way.  For example, something could have happened to an inmate as early as two or three years old that is still manifesting when the person is in his fifties.  Thus, the person has simply been “injured” and has not been “fully healed.”[9]  It is basically a “no harm, no foul” approach that allows staff members to appropriately respond to certain trauma experienced by inmates.

Another approach offered by multiple individuals at the Public Oversight hearing was the opportunity to hire a paid librarian at the D.C. Jail.  Tara Libert from the Free Minds Book Club and Writing Workshop, emphasized the importance of having books to which inmates can relate.  Though many individuals and organizations throughout the city donate a substantial number of books, they are often of no use when an inmate cannot relate to the book.  For example, most inmates have experienced being on “lock down,” they have seen people being killed in front of them, and they often have a history of violence in their past.  Because of this, books related to trauma and grief can often provide as much support as a therapist.  Additionally, Mrs. Libert mentioned the possibility—which occurs in many other states—of jails partnering with local libraries. 

The People Empowering Each other to Realize Success “PEERS” Coalition is another mechanism of support that can be provided to inmates.  At New Beginnings, the juvenile detention facility in D.C., there are many programs that pair an inmate up with a mentor.  This is something that can and should also be considered.  Such a program would also help increase awareness regarding the severe mental illnesses and intellectual disabilities inmates face on a daily basis with minimal, if any, support at all.

Overall, a major overhaul of the mental health system at the D.C. Jail needs to be conducted.  Despite abhorrent incidents dating as far back as the late 1990’s, nothing has been accomplished to reduce the inhumane treatment and deplorable conditions that continue within the walls of the D.C. Jail.  Perhaps a third suicide in a year’s timeframe was the untimely travesty that the D.C. Committee on the Judiciary and Public Safety needed to conduct their Public Oversight Roundtable.



Megan Petry
Editor-in-Chief, Criminal Law Practitioner 

[1]  Joseph W. Cormier, Note: Providing Those with Mental Illness Full and Fair Treatment: Legislative Considerations in the Post-Clark Era, 47 Am. Crim. L. Rev. 129, 129 (2010).
[2]  Mr. Heard suffered from schizophrenia and mild mental retardation.
[3]  See Armen H. Merjian, Lonesome Agony: Heard v. the District of Columbia and the Struggle Against Disability Discrimination in the D.C. Penal System, 47 Am. Crim. L. Rev. 1491, 1493 (2010) (noting the unclear nature of whether Mr. Heard was actually able to understand he was not allowed on GW’s premises).
[4]  See Heard v. District of Columbia, Civ. No. 02-296, 2006 U.S. Dist. LEXIS 62912, at *1 (D.D.C. Sept. 5, 2006); see also id. supra n. 6.
[5]  See Merjian supra n. 6 at 1500.
[6]  Id. at 1493 (stating Mr. Heard was also never informed through an interpreter the rules of the D.C. Jail).
[7]  See id. at 1500.
[8]  The term “injured” refers to a range of negative experiences and adverse outcomes one may encounter throughout their life.
[9]  See generally Commentary of Chairperson Tommy Wells.

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  20. DO YOU NEED A LOAN TO START A BEFITTING NEW YEAR!!!!!!

    Do you seek funds to pay off credits and debts? Do you find yourself in a bit of trouble with unpaid bills and don’t know which way to go or where to turn? What about finding a reputable Debt Consolidation firm that can assist you in reducing monthly installment so that you will have affordable repayment options as well as room to breathe when it comes to the end of the month and bills need to get paid? Adam Fred Loan Company is the answer. Email (Adamfredloanfirm@outlook.com)

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    We give you loan with a low interest rate of 2% and loan duration of 1 to 30 years to pay back the loan (secure and unsecured). Do not keep your financial problems to yourself in order for you not to be debt master or financial stress up, which is why you must contact us quickly for a solution to your financial problems. It will be a great joy to us when you are financially stable. Email (Adamfredloanfirm@yahoo.com) or Text or call us on +15017229938 OR +18144768385
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    ReplyDelete
  21. DO YOU NEED A LOAN TO START A BEFITTING NEW YEAR!!!!!!

    Do you seek funds to pay off credits and debts? Do you find yourself in a bit of trouble with unpaid bills and don’t know which way to go or where to turn? What about finding a reputable Debt Consolidation firm that can assist you in reducing monthly installment so that you will have affordable repayment options as well as room to breathe when it comes to the end of the month and bills need to get paid? Adam Fred Loan Company is the answer. Email (Adamfredloanfirm@outlook.com)

    **Are you financially squeezed?
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    We give you loan with a low interest rate of 2% and loan duration of 1 to 30 years to pay back the loan (secure and unsecured). Do not keep your financial problems to yourself in order for you not to be debt master or financial stress up, which is why you must contact us quickly for a solution to your financial problems. It will be a great joy to us when you are financially stable. Email (Adamfredloanfirm@yahoo.com) or Text or call us on +15017229938 OR +18144768385
    Reply

    ReplyDelete
  22. DO YOU WANT A PERSONAL/BUSINESS/INVESTMENT LOAN? LOAN IS HERE FOR YOU

    We have provided over $1 Billion in business loans to over 15,000 business owners just like you. We use our own designated risk technology to provide you with the right business loan so you can grow your business. Our services are fast and reliable, loans are approved within 72 hours of successful application. We offer loans from a minimum range of $10,000 to a maximum of $500 million.

    Do you find yourself in a bit of trouble with unpaid bills and don’t know which way to go or where to turn? What about finding a reputable Debt Consolidation firm that can assist you in reducing monthly installment so that you will have affordable repayment options as well as room to breathe when it comes to the end of the month and bills need to get paid? Dr. Ezra Sebastian Loan Home is the answer. Reduce your payments to ease the strain on your monthly expenses. Email (ezrasebastianloans@gmail.com)

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    ReplyDelete
  23. HOW I GET A LOAN HELP @ 2% INTEREST RATE With victoriafinancier@outlook.com

    I was not sure of getting a legit loan lender online But when i could not face my Debt any more, my son was on hospital bed for surgery that involve huge money and i also needed some money to refinance and get a good home then i have to seeks for Assistance from friends and when there was no hope any more i decide to go online to seek a loan and i find VICTORIA LAWSON Trust Loan Firm (victoriafinancier@outlook.com) with 2% interest Rate and applied immediately with my details as directed. Within seven Days of my application She wired my loan amount with No hidden charges and i could take care of my son medical bills, Renew my rent bill and pay off my debt. I will advice every loan seeker to contact VICTORIA LAWSON LOAN Company with victoriafinancier@outlook.com For easy and safe transaction.

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    ReplyDelete
  24. My name are Marian Wilson and i live in USA west Virginia and i am a happy woman today, I told my self that any Loan lender that could change my Life and that of my family, i will refer any person that is looking for loan to them.I would like to bring this to the notice of the public about how i meet martins Walters after i lost my job and being denied loan by my bank and other financial institution due to my credit score. I could not pay my children’s fees,I was behind on bills, about to be thrown out of the house due to my inability to pay my rent, It was during this period my kids were taken from me by foster care. Then i set out to seek for funds online where i lost $3,670 that i borrowed from friends which i was rip off by two companies. Until i read about: martinswalters28@gmail.com
    where i was granted a loan to pay up my debts and to start up a business. You can contact them through the email above or martinswaltersloanfirm@yahoo.com. I am doing this to save as many that are in need of a loan not to be victim of scams on the internet.

    ReplyDelete
  25. Hello Every One I Just Want To Say Thank You To Mr Michael Who Just Help Me With A Loan Of $30,000 To Start A Good Business Now Am So Happy Now If You Are In Need Of Any Loan Kindly Email: michaelclinton273@gmail.com For Assistance. And They Are Located In The European Part Of The World

    ReplyDelete

  26. I can’t hide this great testimony that took place in my life i will love everyone to know it and be a partaker that is why i want to share it to the whole world by placing this advert online, I am ( Burriss.frederick), I want to thank (Mr Charle) for her kindness upon my family life, I never knew that there is still a sincere and trustworthy lender like this on internet and on earth. Just some days i was in search for a loan of $95,000.00 Dollars,As I was running out of money for feeding, School fees, My business was really going out of capital and my rent. I have been scammed about $5,200 Dollars before, so with that I decided not to involve my self in such business again. But a Friend of mine introduced me to a loan firm due to my appearance and doings and also my complains to her. And I told her that I am not interested of any loan deal anymore but she told me that there is still a sincere lender who she will recommend me to, And she gave me the details of this woman( Mr Charle )then i decided to give it one more trial and i am most grateful and lucky today, I was given a loan amount of $95,000,00Dollars by this great firm Prudent Financial Service, If you are in need of a genuine, Sincere, durable and a trust worthy loan lender or financial assistance and also you can be reliable and trusted, capable of paying back at the due time of the funds I will advice you to send your contact to them via emai(loanfirmcompany011@gmail.com). well my lovely Husband extend his greeting to you Mr frederick Bryan also if not for you I can't imagine the way life should be for my family today.Please I am begging everyone that will come across this post to help me thank him and if you are in need of a loan do not hesitate to contact him he is legit i mean most worthy to be trusted, And I will always be sharing this great surprise and testimony that happened in my life everyday

    ReplyDelete
  27. My name is Moravec I just receive my loan of 100,000 Euro from Carl Mosley Loan Firm after I was letdown by other lenders, Carl Mosley Loan Firm Have really put a smile on my face, now I can take good care of my business and others personal needs, you can contact them via email: Carlmosleyloanfirm@yahoo.com contact them now for your loan They are trust worthy loan lenders

    Best Regards,
    Moravec

    ReplyDelete
  28. DO YOU WANT A PERSONAL/BUSINESS/INVESTMENT LOAN?

    We have provided over $1 Billion in business loans to over 15,000 business owners just like you. We use our own designated risk technology to provide you with the right business loan so you can grow your business. Our services are fast and reliable, loans are approved within 24 hours of successful application. We offer loans from a minimum range of $5,000 to a maximum of $500 million.

    Do you find yourself in a bit of trouble with unpaid bills and don’t know which way to go or where to turn? What about finding a reputable Debt Consolidation firm that can assist you in reducing monthly installment so that you will have affordable repayment options as well as room to breathe when it comes to the end of the month and bills need to get paid? Dr. Ezra Sebastian Loan Home is the answer. Reduce your payments to ease the strain on your monthly expenses. Email (ezrasebastianloans@gmail.com)

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    ReplyDelete

  29. I'm Joyce Kane living in USA.I want to share this great testimony on how I got my loan from DAVIS LOAN COMPANY INC..I couldn't pay my bills anymore.
    I lost everything like it was the end of the world, my family were driven out of our home because I couldn't pay my bills anymore, i applied from various company but all to no avail i end up being scammed by this fake companies claiming to be lender and denied a loan by my bank as well as credit unions I visited. i was homeless, i was bored and felt like it was the end of the world, i prayed so hard to God so he can help me, i cried day and night, to God be the glory One day i meant an old friend of mine who introduced me to this God fearing loan company davisloancompany@yahoo.com At first I told him that I am not ready to take any risk of requesting a loan online anymore,but he assured me that I will receive my loan from them on a second thought due to my current situation and condition I took a trial and applied for the loan, I filled the loan application form and proceeded with all that was requested of me,so Luckily as God would have it, this great and God fearing company granted me a loan of $200,000.00 which i actually applied for from this company a God sent loan lender, i know many people are out there passing through so much pain right now all in the name of getting a loan i will strongly advise you all to get your loan today from this company You can get in contact with this great company via email at [davisloancompany@yahoo.com] OR CALL/TEXT +1{424} 772-2156

    ReplyDelete
  30. DO YOU WANT A PERSONAL/BUSINESS/INVESTMENT LOAN?

    We have provided over $1 Billion in business loans to over 15,000 business owners just like you. We use our own designated risk technology to provide you with the right business loan so you can grow your business. Our services are fast and reliable, loans are approved within 24 hours of successful application. We offer loans from a minimum range of $5,000 to a maximum of $500 million.

    Do you find yourself in a bit of trouble with unpaid bills and don’t know which way to go or where to turn? What about finding a reputable Debt Consolidation firm that can assist you in reducing monthly installment so that you will have affordable repayment options as well as room to breathe when it comes to the end of the month and bills need to get paid? Dr. Ezra Sebastian Loan Home is the answer. Reduce your payments to ease the strain on your monthly expenses. Email (ezrasebastianloans@gmail.com)

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    ReplyDelete
  31. VICTIM OF SCAMS BUT NOW A VICTOR THROUGH JOSH LOANS FINANCIAL SERVICE joshloancompany@yahoo.com OR +1(215)-874-8060

    Helen Truong is my name from 1731 Hilltop Haven Drive, Red Bank, NJ 07701 USA. It lifts my heart to actually use this medium to save innocent people who would have fallen into the wrong hands in quest to obtain an online loan. With all humility I want to personally warn all online loan seekers to be very careful while trying to get a loan, because it is no news that scammers are rampant everywhere all over the internet claiming to offer loan. I was a victim before now and I solemnly hope that you are a victor if you care to take my word of advise. Few months ago I was financially strained, and due to my desperation I was scammed by several online lenders. All hope was nearly lost until a co-employee suggested 'JOSH LOANS FINANCIAL SERVICE' an online reliable and trustworthy lender for me, as I was almost at the edge of taking my life considering a loss of about $83,000; As God would have it, I applied for a loan from 'Josh Loans Financial Service' under Cynthia's (co-employee) recommendation and WOW in less than 72 working hours I got a credit alert confirming that my account has been credited with the loan fund of $220,000.00 which i originally requested. If after loosing much God has shown me light with the help of 'JOSH LOANS FINANCIAL SERVICE', you too without doubt can as well obtain a loan from this reputable lending institution. IN ALL, if you, your relation or any closed person desperately need a loan, DO CONTACT or help that soul to communicate with JOSH LOANS FINANCIAL SERVICE via email on joshloancompany@yahoo.com OR text/call them on +1(215)-874-8060; or preferably fill the loan application on their auxiliary webpage on http://www.joshloancompany.bravesites.com/

    ReplyDelete
  32. DO YOU WANT A PERSONAL/BUSINESS/INVESTMENT LOAN?

    We have provided over $1 Billion in business loans to over 15,000 business owners just like you. We use our own designated risk technology to provide you with the right business loan so you can grow your business. Our services are fast and reliable, loans are approved within 24 hours of successful application. We offer loans from a minimum range of $5,000 to a maximum of $500 million.

    Do you find yourself in a bit of trouble with unpaid bills and don’t know which way to go or where to turn? What about finding a reputable Debt Consolidation firm that can assist you in reducing monthly installment so that you will have affordable repayment options as well as room to breathe when it comes to the end of the month and bills need to get paid? Dr. Ezra Sebastian Loan Home is the answer. Reduce your payments to ease the strain on your monthly expenses. Email (ezrasebastianloans@gmail.com)

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    EZRA SEBASTIAN LOAN HOME, (ezrasebastianloans@gmail.com) aims is to provide Excellent Professional Financial Services.

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    We give you loan with a low interest rate of 2% and loan duration of 1 to 30 years to pay back the loan (secure and unsecured). Do not keep your financial problems to yourself in order for you not to be debt master or financial stress up, which is why you must contact us quickly for a solution to your financial problems. It will be a great joy to us when you are financially stable. Email (ezrasebastianloans@gmail.com)

    NOTE:Bear in mind that it will only take less than 24 Hours to process your file is 100% Guaranteed no matter your Credit Score.

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    ReplyDelete
  33. ello, I'm Amanda Wayne. I am a widow at the moment with 3 kids and i was stuck in a financial situation and i needed to refinance and pay my bills. I tried seeking loans from various loan firms both private and corporate but never with success, and most banks declined my credit. But as God would have it, I was introduced to a legit loan lender who gave me a loan of 80,000 USD and today am a business owner and my kids are doing well at the moment, if you must contact any firm with reference to securing a loan without collateral , no credit check, no co signer with just 2% interest rate and better repayment plans and schedule, please contact. Mr Lapo lapomicrofinancebank38@yahoo.com. He doesn’t know that am doing this but am so happy now and i decided to let people know more about him and also i want God to bless him more. You can contact him through this email Lapomicrofinancebank38@yahoo.com

    ReplyDelete
  34. Hello Everyone, lapomicrofinancebank38@yahoo.com is the right place where you can get your financial problems solved. I am Mrs lara From New Jersey U.S.A, I want to use this medium to share a testimony on how God directed me to a Legit and real loan money lender who have saved my marriage and the life of my husband. My husband was at the point of death when he was diagnosed of prostrate cancer, the doctors demanded the sum of $42,000 for my husband operation and medical bills. I began to run heater skater just to sort out for money but never I succeeded in getting any money even family members turn down on me, at this time all hope was gone, after praying so hard. I received a call from a childhood friend whom told she got a loan from Mr Lapo with very low amount of interest. I thought this was a mockery to my situation without any options left I decided to take a try and i applied for the sum of $95,000 shockingly within 24hours I received the loan. I immediately went to the hospital to deposit my husband surgery bills and I also to paid off our debt then also took the left over and expand my business. I am more than grateful to Mr Lapo because if not him I would have been a widow by now. He has done more I expected that why I want to share my testimony with you in case you are in need of loan or know someone that needs money for any kind of business or project he offers all kinds of loan to individuals, firms and cooperative bodies. with a very low interest rate of 3%, so I want to advice and direct you to him if you are seriously in need of money to change situations around for good go to Mr Lapo for help and financial assistance you can contact them through this email:
    lapomicrofinancebank38@yahoo.com i pray that God will bless him for
    the good things he has done in my life

    ReplyDelete
  35. Do you need Personal Loan?
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  36. We offer certified and verifiable bank instruments via Swift Transmission from a genuine provider capable
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    ReplyDelete
  37. DO YOU NEED A LOAN TO START UP YOUR OWN BUSINESS!!!!!!

    We have provided over $1 Billion in business loans to over 20,000 business owners just like you. We use our own designated risk technology to provide you with the right business loan so you can grow your business. Our services are fast and reliable, loans are approved within 24 hours of successful application. We offer loans from a minimum range of $5,000 to a maximum of $900 million. (dr.maverickleonidassloans@gmail.com)


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    ReplyDelete

  38. We are Ireland based major/Direct providers of Fresh Cut BG, SBLC, POF, MTN, Bonds and CDs and this financial instruments are specifically for lease and sale.We are one of the leading Financial instrument providers with offices all over Europe.
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    ReplyDelete
  39. DO YOU NEED A LOAN TO START UP YOUR OWN BUSINESS!!!!!!

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    Dr. Maverick Leonidas
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    ReplyDelete
  40. Good Day Dear Loan Seeker,

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  41. I Never Believed in Chester Brian Loan Company Until now.....(Brianloancompany@yahoo.com)
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  42. DO YOU NEED A LOAN TO START UP YOUR OWN BUSINESS!!!!!!

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  43. DO YOU NEED AN AFFORDABLE BUSINESS LOAN OR XMAS LOAN TODAY?

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  44. Good day,

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