The TBF and MNAT law firms have confessed to filing false affidavits to the Federal Courts.  They did these acts of Perjury while they were court approved parties in the Delaware eToys bankruptcy cases. As such they were Officers of the Court and trusted to be of the highest integrity.  The party that makes sure they are to be trusted is the US TRUSTEE and Delaware Dept of Justice US Attorney's office.

 

The US Trustee is the policing agent of the bankrutpcy courts and the Watchdog of the professional applicationso of employment, specifically in public equity cases such as eToys.  The US Trustee has no discretionary powers. By the Law they must Notify and Refer all acts of felony violations to the US Attorney's office.

 

Yet, somehow, even though the TBF and MNAT law firm have Confessed to the acts, 34 of them, that are Perjury efforts, while the firms involved that were complicit have received over $13 million in fees as they "planted" a paid associate of TBF, one Mr. Barry Gold, in as eToys wind down coordinator, who, upon that being successful, became President, CEO and Plan Administrator.

 

What is even more heinous is the perjury helped foster Collusion to Defraud the estate as TBF, MNAT and Barry Gold all have continous conflicts of interest with their "non-disclosure" of their connections to Bain.  MNAT, TBF and Barry Gold negotiated the sale of the eToys assets to Bain/ KB for tens of millions in discounts.  This type of collusion is so prohibited by law, even if they rec'd a billion dollars, the would have been guilty of conspiracy to defraud the estate. The Law by Congress takes the position if you have nothing to hide then why did you risk losing your fees by not Disclosing the connection.

 

Yet the Dept of Justice refuses to halt the mendacity and has even given implied blanket immunity that the WSJ reported upon www.wjfa.net/bk/etoys.html

 

Additional items of malfeasance have been discovered as we learn that Colm F Connolly, the US Attorney's whose office has refused to intervene and do an investigation, is also guilty of non-disclosure.  Colm F Connolly was a partner of the MNAT law firm in 2001, whne the fraud and perjury began. (for all we know he even worked on the case).

 

When we discover that tidbit of unethical behavior we reported it to the US Attorney's office in California, Tom O'Brien.  Doing so with an official 18 USC 3057(a) complaint and 18 USC 3771 complaint the first week in December 2007.  We were supposed to receive an answer within 8 to 12 weeks. When the answer did not come forth we began to press the US Attorney's office of Tom O'Brien for an answer.

 

The answer is, Tom O'Brien has now dismantled the Public Corruption Fraud Task Force.

 

When he did so, it was so unexpected, it caught all the Asst US Attorney's off guard. The Los Angeles Times has reported on the story and how the Asst US Attorneys were told if they reveal the Real reasons of the dismantling of the squad, they would be punished accordingly.  See the L A Times Story Here  http://www.latimes.com/news/local/la-me-shakeup20mar20,1,7868966.story

 

That prompted us to get more pro active as we called both the Asst US Attorney's and the FBI.

 

Special Agent "redacted" conducted the initial interview and has now sent it up the ladder to another Special Agent who investigates this type of malfeasance.  While we have great faith in the FBI's integrity, we hope that they pay attention to the fact that the Asst US Trustee, Frank Perch, who motioned to Disgorge TBF resigned when the Attorney for the US Trustee's, one Mark Kenney, gave TBF the implied blanket immunity and slap on the wrist that the Wall Street Journal reported upon July 25 2005.

 

They must also pay attention to the fact that the Director of the Corp Fraud Task Force, Debra Yang, resigned.

 

And that the Director of the US Trustee's office in Washington DC, the EOUST office, did replace the Region 3 Trustee, Roberta DeAngelis as Trustee in Philadelphia and Delaware (please see DOJ press release Here .  After that occurred and we rec'd emails from Director Lawrence Friedman that the matters would be addressed.  Mark Kenney put in the Illegal Stipulation to Settle with implied immunity and we discovered another $100 million in fraud. When we reported that to Lawrence Friedman he resigned also. (please see DOJ press release Here )

 

Speciously, what you will not find a DOJ press release of is the fact that the person in charge of investigating the US Trustee's office issue, the Acting General Counsel of the EOUST office in Washington D C is non other than the former replaced Roberta DeAngelis.

 

She is in charge of investigating her own cases.

 

There is much more to the story as you can see in the postings below.

 

The nefarious horde needs to bury the facts.

 

Americans needs the Truth to be heard!

Below you will see a detailed point by point account of the Asst US Trustee Motion to Disgorge TBF law firm for $1.6 million. 

 

The Disgorge Motions states that the acts by the extensively experienced bankruptcy professional TBF were deliberate, rather than inadvertent. That the Code required diametric lines between Creditor v Debtor were made void. That TBF willfully continued to remain silent. That TBF compounded its false representations by a Supplemental Affidavit to be the attorney for the $500 million eToys v Goldman Sachs case in NY (NY Supreme Ct 601805/2002), that serious material adversity had occurred and that Fraud on the Court had occurred.

 

 

No where in the Disgorge Motion did the Dept of Justice mention the MNAT law firm, even though MNAT had also confessed to filing multiple, false, affidavits in eToys.

 

Then, less than ten days later, the Dept of Justice Attorney, Mark Kenney, puts in an ILLEGAL contract with TBF that gives implied, blanket, immunity to the crimes with a clause that permits TBF to remain silent about all other crimes, including the Crime of Collusion to Defraud an Estate with TBF, MNAT and Barry Gold all worked for Bain related issues, while MNAT, TBF and Barry Gold all work for eToys as they sell eToys assets for tens of millions of dollars in discounts to Bain/KB.

 

 

When Laser Haas reports another $100 million in fraud he finds connected to eToys the Dept of Justice Attorney, Mark Kenney, utilizes taxpayer personnel to defend the Organized Crime and successfully get the Courts to ostricize Haas and CLI.

 

 

Reporting such Obstruction of Justice to the California US Attorney (where eToys home office is)

 results in the US Attorney in California, Tom O"Brien, shutting down the Public Corruption Task Force to make sure the case is not prosecuted.  The assistant US Attorney's who were shell shocked at the meeting were threatened to keep quiet about the real reason the task force was shut down. http://www.latimes.com/news/local/la-me-shakeup20mar20,1,7868966.story

 

The Director, Lawrence Friedman, of the United States Trustee's EOUST office in Washington DC replaced the Region 3 Trustee, Roberta DeAngelis before the Dec 22, 2004 Emergency hearing in Delaware on the eToys Fraud and Perjury.  http://www.usdoj.gov/ust/eo/public_affairs/press/docs/stapleton_release2_12-04.htm

 

When Haas provides proof to Lawrence Friedman of the additional $100 million in fraud and perjury and Mark Kenney's efforts to cover up the perjury and fraud, Lawrence Friedman resigns

 http://www.usdoj.gov/ust/eo/public_affairs/press/docs/friedman_resignation_4-27-05.htm

 and the WSJ publishes the fact and the Stipulation to Settle with TBF is reported also.This is the WSJ story  www.wjfa.net/bk/etoys.html

 

The very day the Story comes out the Delaware Courts warn Haas not to publish or do anything else in the case or he will be sanctioned.

 

Haas refused the threat and immediately sent the Courts additional proof.

 

Then in August 2005 Judge Randolph Baxter then dismisses the CLI and HAAS court approved and completed work worth more than $3 million in fees and expenses.  Judge Baxter refused the new CLI counsel that Haas provided from speaking or defending the very day that Haas's senior admin, court approved work and expenses was expunged.

 

 

Then Chief Justice Mary F Walrath issued a 57 page Opinion on Oct 4 2005, to head off Haas's appeal, stating that Haas was expunged, that there was no proof provided of perjury and that the Judge refused to refer the matter to the US Attorney. 

 

Then Haas appeals to the Delaware District Court where Judge Kent A Jordan hears all 5 appeals and dimisses Haas, even after stating to Haas, "I want you to be aware that I have looked at the details of your allegations in depth and they will be addressed".

 

After Kent Jordan dismisses Haas without proper documentation of why http://www.milberglies.com/Haas_Jordan_appeal_05-728.pdf

 

Judge Kent A Jordan then also hears the eToys shareholder appeal Delaware Dist Ct 05-830.  For the hearing in October 2006, Judge Jordan Orders that every counsel appear, instead of just the local counsels.  Then he states to everyone, that their careers are on the line.

 

 

The cases are all appealed to the 3rd Circuit where the removed US Trustee person, Roberta DeAngelis and the new assistant US Trustee, who replaced Frank Perch are acting as appellee's with MNAT, TBF and Barry Gold, defending the Organized Crime and asking the Courts to expunge the case.  DeAngelis and Andrew Vara state the appeals have no merit.  This is very wry and humorous as Andrew Vara is quoted nationally about the case of In re Cold Metal and the Aarque denial of fees as financial advisors.

 

And in 2004, right before Haas provides the proof of perjury and fraud, Roberta DeAngelis went before Congress and testified about perjury, fraud and application issues demonstrating her extensive knowledge about Barry Gold's perjury and subterfuge issues.

 

For those of you unfamiliar and puzzled as to how Roberta DeAngelis is defending the Organized Crime after she was removed by Director Lawrence Friedman, it seems that quietly and speciously, without any press release by the Dept of Justice or US Trustee's office, Roberta DeAngelis was "promoted" after Lawrence Friedman resigned, to the post of Acting General Counsel of the US Trustees'.

 

 

The eToys shareholder Robert Alber was threatened by Johann Hamerski of Alaska that people like him who do not ake bribes wind up dead.

 

Haas was told, after many threats, including the threat from Traub Bonacquist & Fox, that if Haas did not "back off" not only would he not be paid, his career would suffer (actually it died) and other retaliations would occur.  The flagrant behaviour about the crimes is so brazen that Haas's own attorney, Henry Heiman, a former Trustee in Delaware, actually emailed the Threat to Haas.

 

After the CLI and Haas threats were carried out and the $3 million in expenses and fees were expunged.  Haas kept digging and found more fraud and perjury in other cases  such as Stage Stores and Kmart.

 

 

Yet Traub and Susan Balaschak, who threatened Haas, are still working on the eToys cases as their admitted, paid associate, Barry Gold is permitted to pay all payments of less than $1 million, without seeking court approval.

 

Even though Barry Gold signed the Plan Declaration in eToys, to get his job, under penalty of perjury, stating that all items were negotiated in extensive "arms length" and "good faith" efforts and the fact that such is Perjury as Barry Gold is testifying that it is arms length between Debtor (Barry Gold) and Creditors (Traub Bonacquist & Fox) and TBF has confessed to paying Barry Gold four (4) separate payments of $30,000 each before he placed Barry Gold within eToys by Perjury.

 

Even though the Plan, that cannot be changed, states in clause 3.12 that Barry Gold cannot have transactions with related persons.

 

 

The $500 million dollar lawsuit in NY Supreme Ct of ebc 1 (eToys) v Goldman Sachs has been permitted to go forward.  While TBF and his co counsel, who helped draft Barry Golds D&O insurance  are working on the NY case.  Where we pointed out that TBF was revoked by the State of NY (that may be another reason why they closed their doors).

 

The fact remains that Paul Traub and Susan Balaschak are still working on the case with Barry Gold and Ellen Gordon who used to be with Xroads LLC being a witness for Barry Gold.

 

When the Judge informed TBF that it was upset with the apparent failures of Traub to be totally candid, the result was that Eliot Spitzer has promoted the Judge off the case.

 

Now with the US Attorney in California shutting down the Corruption Task Force, we may have to wait for the next President to see if the new AG will do anything.

 

We gave all this proof to His Honor Mukasey and we feel that the shutting down of the Task Force had to have his approval, as such that demonstrates his mindset as a crony, instead of law enforcement official.

 

All our information is now being placed on other websites, across the world as the items were removed from the www.bankruptcymisconduct.com website as they keep trying to shut his documentations of the fraud, down!

 

They have threatened me with the last statement, "be careful about chasing Ghost's as you may become one"!

 

I have resigned myself to the fact that you cannot effort to hold to account the big corrupt machines, the Rick Convertino US Attorney who was falsely prosecuted by Craig Morford and the other prosecution by Craig Morford of James Traficant demonstrates the real reason why the administration uses the Dept of Justice.   www.craig-morford.com

 

I am, always, all my life, been a kid from the wrong side of the tracks.  eToys was the culmination of my entire lifes work.

 

This case is not about me, as I am totally unworthy of any thought.

 

What happened is I was naive, I went to Barry Gold and told him to be careful about the snake Paul Traub.

(please don't laugh too hard)

 

This case is the poster child proof of corruption and government perversions of justice  for the benefit of the inner circle and wealthy elite.

 

Public companies like Stage Stores, Kmart, Enron and eToys are stolen and destroyed at the expense of the innocent with the complicity and assistance of the Dept of Justice and a willfully blind SEC.

 

My efforts are to make you aware of what they are doing out in the open, so that you may ask yourself, what are they doing to you behind closed doors.

 

Very soon, they will either get me or we will get them.

 

It is my hope that anyone that should follow these efforts, once and if I am done with, that they may find a way to stop and save the innocent.

 

One can only try as one only can!

 

They need the Truth to be silenced.

 

America needs the Truth to be seen and heard!

 

FOR THOSE Of YOU who think that this does not apply to you.

 

Ron Burkle used Traub Bonacquist & Fox as the Kmart shareholders counsel, Ron Burkle is partners with the Clintons in a Cayman Island off shore account and Harold Bonaquist is noted by the NY Bar as to be contacted at the US Embassy in the Philipines.

 

 

Stage Stores was a public company also, that also owned the Granite Bank.  The asset of Granite was not listed on Stage Stores even though the FDIC lists Stage Stores as the owning entity. It was purchased for $75 million in assets and sold to the World Bank for over $100 million.

 

Dov Avni pointed out the fraud in Stage Stores, where both Barry Gold and Traub Bonacquist worked with Michael Glazer, Jack Bush and Stage was owned by Sankaty and Mitt Romney.  Jack Bush is a Bain entity key exec and goes from one Bankrupt company to another violating SEC, Federal Law and SarOx and no one will prosecute him.  Michael Glazer as director and stock holder at Stage just also happens to be the CEO of KB Toys.

 

MNAT defends Bain in the $100 million cash that Bain and Michael Glazer paid themselves before KB filed Bankruptcy.

 

Dov Avni was sanctioned $380,000 for his whistle blowing and the Judge sent the US Marshalls after him over half a dozen times.

 

SanKaty is 100 percent owned by Mitt Romney and is an offshore entity in Bermuda

 

 

It filed bankruptcy in 2001 and the Courts approved destruction of books and records as the Executives of eToys abandoned the estate so that Barry Gold could become CEO.

Where did the $8 billion go, we will most likely never know.

 

The shareholders of Stage Stores, Kmart and eToys were all washed away.

 

As the shares were re-issued.

 

In Stage Stores Mitt Romney and his related associates got the new shares.

 

In Kmart, they had so much cash when they came out of bankruptcy they bought Sears.

 

The Fir Tree Value Fund manager, Scott Henkin told me that "off the record" he approved of the Barry Gold Traub situation.

 

When I told him I recorded what he said, he went balistic.

 

The public entity of eToys also tossed all its original shareholders and now it is public again with D E Shaw on NASDQ as KIDS.

 

 

Thinks this does not affect you.

 

Did you have money in Mattel, Learning Co, Hasbro, Fisher Price, with David Rubenstein, Fir Tree, Goldman Sachs, RR Donnelley, Bain, Kid Board Gear, Kmart, Enron, Sears, Levitz, Jumbo Sports, Finova, Toys R Us, Zainy Brainy, FAO Schwartz, eToys etc

 

For what they all have in common is Traub Bonacquist & Fox and/or MNAT.  With many of them in Delaware.

 

Millions and billions with Judges, US Trustees and Attorneys all making decisions that are Illegal, while giving MNAT and TBF implied, blanket, immunity as people at the DOJ are either removed, resigned or promoted as Judges are removed, replaced or promoted.

It is our case, but it is YOUR System of Justice.

 

 

This just in,

 

We filed an 18 USC 3057(a) and 18 USC 3771 complaint with the California US Attorney's office after we discovered the fraud, corruption and non disclosed, conflict of interest where Colm F Connolly was a partner with the MNAT law firm in 2001, when the $300 million in Fraud and 34 acts of Perjury that has occurred.

 

They need to silence the Truth, as a matter of Law and Facts, MNAT, TBF, Barry Gold, Xroads, RLF, Scott Henkin, Mark Kenney, Colm Connolly, Roberta DeAngelis and manner others careers and freedom will be in serious trouble. For there are more than 100 felony violations in eToys, with 34 false affidavits confessed.  The profuse amount of Perjury is but a small part of the Collusion and Fraud that is rampant in the Delaware Federal Court system, that cannot exist without the assistance of the Dept of Justice and Chief Justice's who BREAK the LAW so that their Cronies can profit from Fraud.

 

Now we find, when the US Attorney in California, is supposed to respond to our complaints, that the California US Attorney, Tom O'Brien is dismantling the Public Corruption Task Force.

 

Everywhere we go, they just keep digging a deeper hole of corruption and cronyism.

 

 

They need the Truth to be silenced.

 

Good citizens need the Truth to be heard.

 

Stand up for what is right and talk about How Corrupt things are, before this travesty of justice happens to YOU!

The US Trustee takes an Oath under 28 USC 586 and if you look at any of the press releases for the US Trustee's office, they all say the

 

"United States Trustee is a component of the Dept of Justice charged with preserving the Integrity of the Bankruptcy System".

 

As the "policing" "watchdog" of the Dept of Justice to protect the bankruptcy courts from fraud and to make sure no scheme's occur concerning public entities, as shareholders are reluctant to throw good money after losing badly. The Janet Reno Reform Act of 1994 specifically addressed the issue that the US Trustee is to protect public entities in bankruptcy from collusion, perjury and fraud.

 

The Janet Reno Reform Act even address halting Bankruptcy Rings with the addition of 18 USC 155 Fee Fixing.

 

EToys has all three (3) requirements of the Fee Fixing statute,  1 - in Bankruptcy matter,  2.- that it be Willful (we have the collaborative Hiring Letter now confessed) and 3 that benefit be expressed or implied.  Paul Traub is so well protected he went on the stand March 1, 2005 and boasted how he paid Barry Gold 3 separate payments of $30,000 each, then placed Barry Gold within the Debtor secretly and had the Debtor pay Barry Gold $40,000 per month and a bonus offer at the end.

 

Roberta DeAngelis is removed on Dec 22, 2004 by the Director of the US Trustee's Lawrence Friedman.

 

Dec 22, 2004 just happens to be the date of our Emergency Hearing in eToys on the fraud and perjury.

 

Then the Asst US Trustee, Frank Perch Motions to Disgorge TBF for $1.6 million, stating TBF's acts were willful, fraud upon the court.

 

Less than 10 days later, Mark Kenney, the Dept of Justice attorney for the US Trustee's in Delaware, gives TBF the get out of jail free card and the right to continue in his collusion to defraud the estate.

 

Then TBF, becoming more bold, tries another $100 million in fraud  of Bain/ Michael Glazer. in the KB Toys case, where MNAT happens to be representing Bain.

 

TBF and Barry Gold did not disclose in eToys or KB that they have undisclosed conflict of interest with Bain.

 

The US Trustee is mandated, as the Policing agent for the Courts, to refer the matter to the US Attorney, per 28 USC 586(a)(3)(F) and 18 USC 3057(a).

 

When we report these additional crimes to the EOUST office in Washington DC, Mr. Lawrence Friedman resigns, Asst US Trustee Frank Perch exits (no press release on his resigning)

and

Speciously, Roberta DeAngelis is promoted to the post in the EOUST office in Washington DC as Acting General Counsel of the US Trustee's.

 

What motivates the Dept of Justice personnel to break the law and collude to defraud estates, while they are being seditious to their oath of office and betraying the public trust?

 

We cannot provided you with what they are getting, we can only show, Cause and Effect.

 

More than $300 million in fraud and 34 confessed false affidavits are documented in eToys.

 

Everywhere this case goes, people are promoted, resign or become part of the scheme.

 

You will have to ask the Acting Director White, of the US Trustee's office and his Honor Mukasey, why the Dept of Justice is allowing this fraud to continue.

 

We have informed them both of what is going on.

 

We also informed Debra Yang of President Bush's Corp Fraud Task Force of what is going on.

 

She resigned also!

 

 

Or, as noted, how to steal a public company to make billions in three (3) easy steps.

 

1.   Have friends or connections with the Dept of Justice.

 

2.   Have deep pockets or access to hedge funds/investment banks to loan companies money or avenues.

 

3.   Put in your "key" personnel pre or post bankruptcy!

 

      For all you critic's out there who scoff or bark that it is not that simple, we would ask you to speak to any "original" shareholder of record of Stage Stores, Kmart, Enron or eToys.

 

      There is a common element to those cases. The former firm of Traub Bonacquist & Fox(TBF).

 

      TBF represented the shareholders in the Kmart bankruptcy.  One has to ask what expertise did TBF bring to such a National prominent case?  Ron Burkle is happy, because TBF helped him. TBF does not have public company shareholder saving experience. TBF did have a reputation as a deal maker for insiders. TBF is now defunct as Traub's part went to Dreier LLP,  Fox's part went to Olshan Frome and Bonacquist, -- well -- if you contact the NY State Bar Association, it lists Harold Bonacquist contact numbers as the US Embassy in the Phillipines.

 

     TBF and his associate Barry Gold, along with law firm Morris Nichols Arsht & Tunnel (MNAT) work for or with associated entities of Bain.  MNAT is so powerful, with their connections in Delaware, the Dept of Justice will not even mention their name.  Even though TBF and MNAT have confessed to filing more than 33 false Rule 2014/Rule 2016 affidavits to the Federal Court in the eToys bankruptcy cases, while TBF, MNAT and Barry Gold deceived the Court and parties of interest where they worked for eToys and sold the assets of eToys to their other client Bain/KB for discounts in the tens of millions.

 

   It appears, that if you are really good friends with Dept of Justice personnel, even Directors of the EOUST will resign before anyone would dare prosecute you.  Please see the Wall Street Journal article of TBF's Settlement on the fraud and perjury at Where's Justice For All   website

 

   The Director of the EOUST replaced the Region 3 Trustee, Roberta DeAngelis, Dec 22, 2004, when our Emergency hearing occurred in Delaware concerning the bankruptcy fraud.  Then the Asst US Trustee Motioned to Disgorge TBF, (with no mention of MNAT). Then, less than 10 days later, Mark Kenney, the DOJ attorney for the new US Trustee, submitted a signed Stipulation to Settle that gave TBF implied, blanket, immunity and Illegal permission to circumvent the Law.

 

   Then we discovered another $100 million fraud in the KB Toys bankruptcy case and Mark Kenney actually defended the fraud parties and had the court strike and expunge us.  That speciously also resulted in the expunging of our $3 million senior priority admin claim and loss of $750,000 in expenses.

 

      Even though the Contracts that the Court approved, drafted by MNAT, TBF and Barry Gold, includes a clause that says the Debtor shall Defend, indemnify and hold Collateral Logistics Inc (CLI) and its officer Laser Haas.  MNAT , TBF and Barry Gold simply refuse to do the contractual term that also states all legal fees shall be paid by the Debtor eToys.

 

   On Feb 27, 2008 a hearing occurred, where the brief by Laser Haas was drafted so on point and nailed the fraud and perjury so accurately, the Court simply cancelled the hearing and is allowing the parties of Barry Gold, TBF and MNAT to withdraw their motion to indemnify themselves.  The Confirmed Plan of eToys that the Law of Rule 1144 states cannot be changed, Even for Fraud, after 180 days, states that you Cannot have Transactions with Related Persons (plan clause 3.12) Also within the Plan it states that the Plan Administrator is to be removed for cause of willful misconduct or gross negligence. (plan clause 5.2). Simply stated, we have provided proof positive that TBF and Barry Gold committed Perjury, by supplying multiple, false, affidavits to the Court, while intentionally deceiving parties of interest in eToys, including HAAS and the eToys shareholders.  This is confessed and not in contention.  The Law of Section 327(a) states that undisclosed conflict of interests must result in disqualification.

 

   Yet here we are, proof positive of $300 million in Fraud. With the proof of the following criminal acts that the Court and Dept of Justice refuses to address.

 

   1.   $100 million in fraud issues concerning Wells Fargo Foothill Capital

   2.   18 Acts of Perjury by TBF law firm

   3.   18 Acts of Perjury by MNAT law firm.

   4.   2 Documented acts of Perjury by Barry Gold including on the stand testimony.

   5.   Intimidation of Victim/Witness

   6.   Willful Circumvention of Code or Rule

   7.   Scheme to Fix Fee's

   8   .Conspiracy

   9.   MisPrison of a Felony

   10. Bribery

   11. Obstruction of Justice

   12. False Oaths/Declarations (different from Perjury) does not require to be under oath.

   13. Collusion to defraud an estate.

   14. Breach of Fiduciary duty (including US Trustee, US Attorney and the Courts)

   15. Racketeering

 

    RICO requires that the acts be by multiple parties, multiple states, multiple years, multiple cases and over $10,000 per incident.

 

   As we have eToys, Stage Stores, Kmart, Jumbo Sports, KB and more.  That is multiple cases.

 

   As there are multiple, false affidavits by TBF and MNAT in KB and eToys alone with a $100 million dollar issue in KB and mutliple $100 million issues in eToys that other requisities are there. As it involves NY, CA, DE and now Penn from 2001 till today, you have all the other requirements.

 

   Bonds, Martha and Clemens can face the indictment of their lives over telling a lie to a federal officer.  MNAT, TBF and Barry Gold can intentionally, after being warned Not to Do So (by the Asst US Trustee) where they went ahead and drafted a clandestine Hiring Letter and schemed to defraud the estate of eToys. Where they admitted to filing false affidavits.  More than 35 are in the Court docket records.

 

   Yet, due to Rule number 1, having buddies and connections at the Dept of Justice, they are actually defended by the Dept of Justice.

 

   The recent brief written by the Dept of Justice in the 3rd Circuit case of Alber v eToys et al (case nu 07-2360) comes right out of a Jerry Springer novel.  It has more holes, half truths and out right B S than Bush did effort on WMD.  It includes the esteemed signatures of Mark Kenney, Andrew Vara and the act of imprimatur of the clout of Washington DC EOUST office of the now Notorious Roberta DeAngelis.

 

    If you find a public company you want to steal, all you have to do is loan or promise to loan, place in your key people and then file bankruptcy.  As the creditors know that it will take years to collect, you form a shell company, buy up their claims, rig the votes with the Court on the Plan confirmation and sell the assets to your self.

 

     The Delaware Bankruptcy Court has been on notice before about Organized Crime known in the bankruptcy circles as a Bankruptcy Ring.  The esteemed learned Professors of Stephanie Wickouski <swickouski@gcd.com>; , Michelle Dickerson and the famous book of UCLA Law Prof LoPucki on Courting, details how the Courts engage in big business manipulations of the law to get the millions and billions in legal fees to come to the State of Delaware.

 

      The issue is, if they can pervert the Law, openly, by persons of our Dept of Justice betraying their Oath to defend the Constitution of the United States, where they are seditious to their fiduciary duties to the courts and the public trust. Then what are they doing behind the scenes where there is no one as tenacious as we are to learn the Truth?

 

     Dov Avni in Stage Stores remarked upon the fraud and abuse therein and the Court sanctioned him $380,000 while sending the US Marshall after him several times. In the Bishops Estate rip off in Hawaii, where Billions in land wealth is being fleeced by inner circle elite, Bobby Harmon was in a case against the US Trustee Woo, that resulted in Bobby Harmon being sanctioned $500,000.  Kay Seiverding was thrown in jail by the Courts without a hearing for being so brave as to dare to represent herself and the Court also sanctioned her $100,000. Meryl Lanson and the Baron's stores were fleeced by non disclosure and fraud on the Court where a judge in the Baron's case actually quoted eToys to reopen the closed case due to Fraud on the Court.  David ODonnell has had his web site www.bankruptcymisconduct.com pulled down many times, in order to cover up the Truth. 

 

   US Attorney Rick Convertino was the key prosecutor in the first trial after 911.  The Dept of Justice desired to silence him so much, they released the two terrorists he convicted and prosecuted Rick Convertino for not handing over a picture of a hospital that they could never prove he recieved. Craig Morford is now promoted to the number 2 position in the Dept of Justice.  Craig Morford also prosecuted the James Traficant Congressmen, whose only witness against him was a person who was being indicted for RICO.  Fox News tried to interview Traficant in prison and the powers that be refused to permit the interview.

 

   You can go to the website of www.craig-morford.com and see how people testified to Congress that Morford coerced them to do Perjury to help the prosecution against Traficant.

 

    This is the American Government and our American Way of Life.

 

     They are stealing other companies and other persons life savings left and right. It will not cease until you show that you care.

 

      They can only get away with it, if you refuse to hold them accountable.

 

       If you care, call your news, your Congressman, your State Representatives. Talk about it and seek change.

 

       Unless, of course, you don't care about what is going on.

   

       You can be naive and say it is not your case, it is not your problem.

 

        It is not your Court and System of Justice!

 

   

It would seem that hypocriscy and irony runs in abundance with the DOJ in Delaware as the Honorable Colm F Connolly, trying his best to become a Judge in Delaware gives lessons in Hypocriscy 101.

 

Whe the  Honorable Connolly's office assisted in punishing a bankruptcy false statement of Yao, the Honorable Connolly fails to mention that all Yao had to do was hire MNAT as his law firm and he would then, most likely, receive deferred prosecution.

 

MNAT can Confess to submiting, mulitple, intentionally false, affidavits to the Courts, while MNAT schemed with TBF law firm to plant a connected associate within the eToys Debtor, lying to the Court to do so, ignoring the US Trustee's warning not to do so and selling their client eToys assets to their other client Bain/KB for discounts in the tens of millions only to never see the MNAT name mentioned by the stern Colm F Connolly who remarked

[Judge] " Sleet's sentence sends a strong message of deterrence to those who would lie in court and protects Delaware's position as "one of the most significant bankruptcy venues in the country." "We are pleased the defendant will go to jail for a year," he said.

 

What do you say Mr. Connolly, do you and your cohorts at MNAT, TBF and eToys care to share a room with Yao?

 

Or will you lie and say that you had did not lay down in bed and defer prosecution of MNAT?

 

 

His Honor Colm F Connolly, who refuses to prosecute the $300 million in fraud and confessed perjury acts in eToys loves to be a hypocrit!  For from the horses mouth comes these words of wisdom as Colm Connolly hypocritically states;

 

 

The entire article can be seen on the FBI's website

 

 

 

Here's your sign!

 

 

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FORMER CORPORATE EXECUTIVE PLEADS GUILTY TO FRAUD AND TAX CHARGES

Colm F. Connolly, United States Attorney for the District of Delaware, Francis L. Turner, Special Agent in Charge, Internal Revenue Service, Criminal Investigation, Baltimore Field Office, and Frank E. Goetz, Special Agent-In-Charge, Federal Bureau of Investigation, announced today that Adam J. Levinson, age 43, of Wilmington, Delaware pled guilty today to one count of wire fraud and one count of filing a false tax return in connection with his scheme to defraud investors in CoolerSmart, LLC, a New Castle, Delaware based company in the business of providing point-of-use water coolers to customers on a rental basis. Levinson was formerly the manager and 20% owner of CoolerSmart. The Honorable Sue L. Robinson, Chief Judge, U.S. District Court for the District of Delaware, set Levinson’s sentencing for September 26, 2006.

On June 6, 2006, Levinson was indicted by a federal grand jury in Wilmington, Delaware on wire fraud and tax charges. During the time period alleged in the Indictment, CoolerSmart’s primary owner was WaterWorld Ventures, Inc., a wholly-owned subsidiary of Elkay Manufacturing Company (“Elkay”), a privately held corporation with its principal place of business in Oak Brook, Illinois. Since mid-2003, CoolerSmart has been a wholly-owned subsidiary of Ionics, Inc.

Levinson pled guilty to committing wire fraud when he provided Elkay’s executives and board of directors with falsified financial and operational reports to make it appear that CoolerSmart was performing better than it actually was. In reliance on these reports, Elkay invested over $6,000,000 in CoolerSmart. When Elkay began an audit of CoolerSmart in the summer of 2002, CoolerSmart’s computerized customer database was altered to include fictitious customers in an effort to conceal Levinson’s fraudulent scheme.

Levinson also pled guilty to filing a false personal income tax return which substantially understated his income in 2002. Specifically, Levinson used certain CoolerSmart funds for his own personal benefit, including to pay for personal installment loans, including vehicle lease payments; vacation travel expenses; attorneys’ fees; country clue dues and charges; international travel; work performed on his home; and charges for personal expenses on the CoolerSmart American Express and Visa cards. Levinson then failed to report this income on his personal tax return.

The maximum penalty for the wire fraud conviction is five years imprisonment and a $250,000 fine. The maximum penalty for the false tax return conviction is three years imprisonment and a $250,000 fine. Pursuant to the plea agreement, Levinson has agreed to pay over $100,000 in restitution to his victims.

U.S. Attorney Colm F. Connolly said of the case: “Corporate executives who lie about the profitability of their companies to fool investors are thieves, pure and simple. For our economy to prosper, investors – whether financial institutions, companies, or individual shareholders – need to be able to trust and rely on the accuracy of financial reports in making informed investment decisions. When a corporate official takes advantage of investors’ trust in him and his company and deliberately falsifies financial records, he should expect to pay significant legal consequences. I am grateful for the fine investigative efforts of Special Agent Jacqueline Zebley, IRS Criminal Investigation and Special Agent Greg Mrozek, Federal Bureau of Investigation in this case.”

“The majority of taxpayers file timely and accurate tax returns. Some individuals don’t want to pay their fair share and file fraudulent tax returns and get caught. Don’t let this happen to you.” said Francis L. Turner, Special Agent in Charge, IRS Criminal Investigation, Baltimore Field Office.

Assistant United States Attorney Shannon T. Hanson is prosecuting the case.

The public company of eToys was stolen by perjury and fraud of MNAT, TBF law firms who planted Barry Gold (a paid associate of TBF) in eToys bankrupt estate as the new CEO.

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EToys sold most of its assets to Bain/KB Toys for discounts in the tens of millions of dollars stating that the public entity was dead and not worth anything.

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Speciously several of the Creditors in eToys gave their "off the record" approval of the TBF, MNAT planting of Barrry Gold in as CEO, this includes Hasbro's Judy Smith and Fir Tree Value Fund Scott Henkin.

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While we cannot speak for what Judy Smith and Hasbro received for their participation in the subterfuge, other than the fact that Bain owns a big buyer, KB Toys and the parties related to Bain also control Toys R Us and other major toy purchasing companies.  We can point out a neat little item about Fir Tree Value Fund. Scott Henkin of Fir Tree Value Fund specifically discussed the issue with Laser Haas and said to leave the case alone.  eToys was sold in the KB Toys bankruptcy case to D E Shaw.

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Scott Henkin is a Senior Exec with D E Shaw as D E Shaw is now public again with eToys on NASDQ at stock symbol KIDS after throwing away all the original shareholders of record.

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Now we have discovered that part of the reason the Dept of Justice refuses to prosecute the confessed acts of perjury and deception in stealing bankrupt estate assets is that Colm F Connolly, the US Attorney in Delaware who's office stated no case, no investigation and no charges, where Connolly has his own non disclosure of conflict of interest. For Colm F Connolly was a partner with the MNAT law firm in 2001, when the eToys fraud and perjury began.

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The Dept of Justice has now provided PROOF that Colm F Connolly was a partner with the MNAT law firm by placing his resume online at the Justice Dept website http://www.usdoj.gov/olp/colmconnollyresume.htm !

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The reason Colm F Connolly resume is online is he is nominated to be the Delaware Federal District Court Judge.

CLI was the Court  approved liquidation consultant for the eToys Bankruptcy Case (Delaware Bankruptcy 01-706) 

HAAS was offered a good inducement to look the other way and refused to.

 

 

The Dept of Justice has had key members quit, resign or be strangely promoted, all connected, in one way or another to eToys cases.

 

We have over 100 documented felony violations,  by court docket records, where the Law firms of TBF, MNAT and others are caught, red handed, filing multiple, false, affidavits to the court in a scheme to nefariously seize a public company and its assets. The proof was so irrefutable, they just said, Yes your Honor, we did it, We did not really mean to and maybe we shouldn't have, but we did.

 

 

   Being the classic narcissist, Paul Traub decides, with others, to stiff HAAS and his CLI company, not only their commissions, but the expenses CLI and HAAS paid out of pocket.  eToys was going to sell everything for $5 million before the Court and Creditors agreed to hire HAAS.  CLI and HAAS's team helped get back over $45 million in cash into the eToys accounts.

 

   One would think everyone would be happy, Correct?   Well - that would be true in a non Paul Traub world.  Why Paul Traub, MNAT, Xroads LLC and Barry Gold were angry is they were basically, selling eToys assets to themselves.  So when HAAS succeeded in getting higher prices, he was actually making the scheming parties pay a higher price for the goods they had so thoroughly intended to steal.

 

So Paul Traub and friends decided to make HAAS pay. After all he is slow witted, greatly naive and believes in a pure system of justice.

 

Kicking HAAS and CLI in the gut and pulling stunts left and right, HAAS complained to the Dept of Justice, where he basically was complaining to the bad guys themselves as the Dept of Justice personnel had connections to the law firms involved.

 

Demonstrating how naive HAAS is, he pulled aside Barry Gold, the new CEO of eToys and said, "you have to be careful in dealing with Paul Traub, I think he has crooked motives".

 

They have committed $300 million in fraud, the least of which is $2 million in hidden cash deposits, that HAAS found, they refused to deal with persons who wanted to buy the Public company and they pushed all sales to Bain/KB Toys. While no one disclosed the fact that MNAT, TBF And Barry Gold were all connected to Bain/KB in one way or another.

 

HAAS had a $10 million dollar bid from Bain/KB toys for eToys.com name. 

 

Barry Gold, MNAT, TBF and Xroads LLC helped reduce that to $3 million.

 

We have no idea whether the $3 million was ever paid. Because all requests by HAAS and the eToys shareholders, to do the standard bankruptcy practice, of reviewing books n records, is simply ignored by the Court.  The Delaware Bankruptcy Court Chief Justice said in a hearing this week, "You can raise and reraise the issue over and over, I have made my ruling and it is final".  Her ruling is that she refuses to refer the issues to the US Attorney's office.

 

 

   Recently, in another case where the US Trustee was failing his duties, allowing millions in extra billings to continue without restraint, Judge Fitzgerald said "What in the world is going on within the US Trustee Dept" as Her Honor raised the question that the "Silence of the Justice Dept aided fraud on the court".

 

   At a recent hearing in Washington D C a Florida Dist Court Judge called the US Trustee's when those government attorneys who are charged with policing the bankruptcy courts are described by Chief Judge A. Jay Cristol as "A Pack Of Dogs".  you can download a copy of Judge Cristol's testimony at the House Judiciary website and also here http://fraudonthecourt.blogspot.com/2008/01/southern-district-of-florida-bankruptcy.html

 

   The misconduct monitor points out This is a violation of the duty of the U.S. Trustee and the DOJ.  Yet, the DOJ's own web site shows that they officially know that their mission is to enforce bankruptcy laws:
The USTP mission is to promote integrity and efficiency in the nation’s bankruptcy system by enforcing bankruptcy laws, providing oversight of private trustees, and maintaining operational excellence.

 

  The Blog of Meryl Lanson, who's company Baron's was defrauded, a Judge in the Baron's case quoted the eToys issues to reopen the Baron's case after it was closed for years.  At Meryl Lanson's website, you can see the entire Congressional testimony of Judge Cristol and a US Attorney for the US Trustee's office who testified that the current Director of the US Trustee has done little efforts to assure the integrity of the US Trustee's office. where a trial attorney for the US Trustee's, Mary Powers, stated

 

   " In closing, it is my belief that the mission of the Office of the United States Trustee is admirable however, the current execution of the mission is flawed, an impediment to the functioning of the system and does very little to promote the integrity of the system.".

 

      You can read Ms. Powers testimony and Judge Cristols at www.fraudonthecourt.blogspot.com   or the the House Judiciary webstie as mentioned above where you can see Ms. Powers testimony  http://judiciary.house.gov/OversightTestimony.aspx?ID=1112

 

   The Bankruptcy Misconduct website also now has a story about sexual abuse with a slap on the wrist of a Trustee that is basically going unpunished.

You can see the US Trustee report here http://www.usdoj.gov/ust/eo/rules_regulations/admin_decisions/docs/case05-0004.htm

 

We do know that the Dept of Justice is connected to the MNAT law firm.

Therefore, the refusal to prosecute, charge or even investigate MNAT, TBF and Barry Gold is a crime!

 

Now the head of the US Attorney office in Delaware, who will not prosecute his former

partners and clients, is nominated to be a Delaware Federal District Judge.

 

100 Felony violations, more than 35 false affidavits confessed, direct disobedience to Dept of Justice

warnings not to violate the Code, willful circumvention of Rules and Ethics and the stealing of

a public entity by subterfuge and perjury.

 

Yet the only person being punished is the Whistle Blower HAAS.

    the last two mentioned websites you will see that I placed the item on their as testimony under Penalty of Perjury.
This Testimony here today is also provided "under penatly of perjury".  This is a serious matter, to everyone.

1.   The TBF law firms was a vastly experienced  bankruptcy attorney firm,
2.   The acts of TBF to violate Code 327(a) and Rule 2014 were deliberate rather than inadvertent.

3.   That real harm occurred as the acts were materially adverse,

4.   TBF and Barry Gold deception destroyed [diamteric] lines of credtior verses debtor

5.   That the US Trustee office had forewarned them not to DO IT,

6.   The Asst US Trustee had stated, only mentioning two false affidavits, that such acts were Fraud upon the Court.