Lawyer in Hutaree case sued for allegedly defaulting on student loan
A lawyer who was recently in the national news as he successfully argued for the release of a Hutaree militia member awaiting trial is being sued for allegedly defaulting on a student loan.
The federal government filed suit Monday against Detroit-based attorney Michael Rataj, seeking nearly $39,000 he reportedly owes the U.S. Department of Education for a loan he took out in 1990 to pay for schooling at the Detroit College of Law.
Rataj has been in the news recently because he represents Tina Stone - one of nine Hutaree members indicted in March on federal charges including seditious conspiracy and attempting to use weapons of mass destruction.
The members are accused of conspiring to levy war against the United States. Among the allegations is that members discussed killing a law enforcement officer, then attacking the funeral procession motorcade with homemade bombs. Tina Stone was among four members released in May pending trial, while the rest remain in federal custody.
Attorney Deborah Winslow, who is representing the government in the student loan suit, could not be reached for comment today.
Rataj said he will fight the suit and can produce records from his accountant and the Michigan Higher Education Student Loan Authority showing he has already paid nearly $30,000 of what the government is seeking.
"I want to show the court and the Department of Education that I did not take the money and run," Rataj said. "I've definitely made a good faith effort to meet my obligations."
Rataj said he made regular payments from 1990 up until about 2002, but admits his track record wasn't perfect.
In 2002, he began making inquiries about the remaining balance, but wasn't provided with the information, and did not make further payments, he said.
Records filed Tuesday in federal court in Detroit show the Department of Education has been charged with collecting the balance since June 2006. Officials reviewed Rataj's student loan case at the end of April, records show.
Rataj said he opened his own practice in 1994, and it wasn't easy making payments promptly each month while he was getting things off the ground.
"Even today, the money sometimes comes in, sometimes doesn't."
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and e-mail at leehiggins@annarbor.com.
Comments
Me Next
Mon, Aug 2, 2010 : 9:57 a.m.
Thanks for not letting Hutaree Case vanish into nothingness. At least Federal has not been able to cover over the fabricated huge hole they put Hutaree in. The Hutaree case is an assault on Our Bill of Rights. Federal just orchestrated & fabricated crimes in order to set precedence to silence Citizens exposing the Occupation & establishment of a foreign power within our sovereignty. There was only a regulation violation concerning the length of riffle barrels (@3?). Barrels have nothing to do with gun power really or public safety but behind the scenes "length" was used to collect various weapons together & create a crime- that is no real crime. No accusation Hutaree altered the products they purchased. This case is the Art of Deception perfected by line upon line in hopes of destroying Written Gov Limits & stealing USA citizen rights. What I notice is that people accept that "Student Loans" (his made in 1990 before the foreign Rule Student Loan Act) are the legal jurisdiction of The Dept of Education in the Federal Gov. USA Form of governing denied Federal any Authority & Power concerning Education. Federal's only Duty is not written in Our US Constitution. It was Conditions for accepting a State into Our "more perfect union". A State's Constitution had to include State Duty & Power (to tax for funding) OVER Education to receive membership. The National Dept of Ed is un-constitutional. A lawful President is allowed Consultants but there is no funding written for the "Cabinet Adviser". The Federal Gov was deliberately denied Banking Duty. Therefore the Gov making loans is foreign form of Rule. Congress can set value to currency, can tax for listed enumerated specific Duty, & can regulate within limits for the Protection of Sovereign States' Financial Health. The Treasury hold taxes received. Congress allowed to create IRS for tax collection of Lawful Taxing. Every Tyrant makes examples to scare the rest into surrender to their almighty power (Royal Decree). I escaped borrowing for education but many friends are slaves, probably forever to banks. But with this revelation, Federal has now REPLACED the past lender (unlawfully) to SAVE their International Bank Friends & embezzle from workers. Embezzling & Extortion from this lawyer Rataj. I don't understand his letting the Lender in 2002 to not give him the balance owed. A registered letter should have been sent for evidence of unlawfully rejecting inquiry with intent to pay debt. Well, slavery is worse than death. Americans have no excuse. Our US Const. gave us all we need to Stand & not as collective but as Individual & together.
Tom Wieder
Thu, Jul 29, 2010 : 9:29 a.m.
@clownfish - You fail to make the important distinction between a lawyer and the clients. Are you really suggesting that a lawyer should not represent any clients in federal cases because the lawyer owes a federal agency some money? What does one have to do with the other?
Forever27
Thu, Jul 29, 2010 : 8:19 a.m.
@ Tom, you're exactly right about protecting lawyers. Far too often they are disparaged without regard to the public good they serve. Unpopular people need equal representation. I think this story was published because of the irony factor. But there very well could have been a little personal bias involved too.
clownfish
Thu, Jul 29, 2010 : 8:06 a.m.
@GHOST-Remember, this is the same group that warned us of the evils of socialism...while using a state park for "maneuvers". @FFEJ440- If one owes the federal govt money, one should be careful stepping into a federal case. If I owed Detroit Edison several grand, it may not be in my interest to raise a stink about my power not being restored after a storm.
Tom Wieder
Thu, Jul 29, 2010 : 7:37 a.m.
I realize that I left out an important point from my initial comment. It isn't just the unfairness to, or discomfort of, lawyers that concerns me, although I am a lawyer. It's that targeting the lawyers for unpopular clients threatens the right of unpopular people to obtain legal counsel, which even the most hated individuals are entitled to.
Tom Wieder
Thu, Jul 29, 2010 : 7:32 a.m.
This article is quite disturbing. Not the content, the fact that it was run at all. This individual is hardly the only person in Michigan, and probably not the only lawyer, to have defaulted on a student loan. Why is this particular default worthy of its own story? Because the lawyer is representing unpopular clients? How did the story come to light? Did the government initiate it? Did annarbor.com go looking for dirt on anyone associated with the attorney's clients? Was it it a tip from someone just trying to make the group look bad? It is very frightening to think that a lawyer risks public embarassment for unrelated activity because he chooses to represent people the public doesn't like.
ffej440
Wed, Jul 28, 2010 : 3:40 p.m.
Sounds like no payments since 2002 and turned to collection 2006.No action taken until he represents a Hutaree member.Seems like the very actions the Hutaree is warning about our Federal government.