Posted by
LASER Haas on Friday, July 18, 2008 3:03:24 PM
The Crimes that are confessed
The TBF law firm confessed to supplying the DE Bankr Ct false affidavits in 2001 and 2002.
The MNAT law firm confessed to supplying false affidavits in 2001 and 2002.
MNAT admitted it did not disclose the Goldman Sachs connections and the GE connections.
TBF admitted it did not disclose that the person MNAT and TBF placed within eToys, secretly as President & CEO was a paid person of the TBF law firm and a partner with TBF's senior owner Paul Traub.
Making the crimes more henious, the US Trustee testified in the Motion to Disgorge TBF for $1.6 million that it forewarned the parties not to replaced key executives of the Debtor with anyone connected to the retained professionals.
Not only did they disobey the US Trustee, they drafted a clandestine Hiring Letter that rewarded Barry Gold, if he would NOT apply to the Court.
Disqualification is Mandated by Section 327(a)
Any first year bankruptcy petitioner knows that "non-disclosure" of "conflicts of interest" must result in disqualification.
Did MNAT and TBF fail to disclose? The answer is yes!
Did they supply errant Rule 2014 and Rule 2016 affidavits? The answer is Yes!
Were they disqualified? NO!
Why not? The Delaware system of justice says it is no big deal!!!!
The Delaware Dept of Justice gives TBF implied, blanket, immunity
First the Director of the US Trustee replaces the Region 3 Trustee, when the crimes are reported.
Then the Asst US Trustee Frank Perch motions to Disgorge the TBF law firm for $1.6 million
Then the DOJ trial attorney, Mark Kenney and new US Trustee sign a Stipulation to Settle.
The Stipulation provides illegal permission to circumvent the Code 327(a)
The Stipulation thus gives implied, blanket, immunity with
"WHEREAS, the United States Trustee shall not seek to compel TBF to make additional disclosures"
The police of the Federal Bankruptcy Courts, stated in writing, that they will not do their Job!
TBF, MNAT and Barry Gold committed Collusion to Defraud an Estate
As court approved officers of the Court MNAT represented eToys, TBF the Creditors and they placed Barry Gold in as CEO of eToys.
None of them disclosed that Bain, who owned KB Toys was their connected party.
Then they sold their eToys clients assets to their other client Bain/KB for discounts in the tens of millions.
This is COLLUSION TO DEFRAUD AN ESTATE.
The Whereas shall not compel clause is seeking to Cover up this high crime, that is why the DE DOJ will not mention the MNAT name.
Armed with impunity another $100 million in fraud occurs.
The MNAT and TBF law firm, comfortable with their success of their schemes to seize $45 million of estate assets then committs another $100 million fraud.
Not yet being "caught" MNAT is brazenly and flagrantly representing Bain in the $100 million cash preferential in the KB bankruptcy case.
Then, after the Disgorge Motion was made moot by the DE DOJ, the TBF law firm had the unmitigate gall to petition the Court in the KB case for permission to prosecute the $100 million cash transfer.
TBF did not disclose to the eToys or KB case that TBF and Barry Gold worked for Stage Stores Bankruptcy that was owned by Bain affiliated associates including the Stock holder, Director of Stage Stores Michael Glazer that was also CEO of KB Toys.
Barry Gold testified that Jack Bush, the Bain/ IdeaForest person gets Barry Gold employments often. Jack Bush was also a director and stock holder at Stage.
Stage happened in 2000 and eToys filed in 2001.
More than 100 crimes were committed and the DE DOJ keeps ignoring the facts.
There is the $100 million cash preferential to Wells Fargo, that both TBF and Barry Gold now admit they work with.
Not reviewing such preferential in the case of In re Bucyrus 94-20786 (ED Wisc) landed Gellene of the Milbank Tweed firm in jail, the Milbank firm disgorged their entire $1.9 million and lost litigation for more than $20 million, A book was written Eat What You Kill the Fall of a Wall Street Lawyer
There was more than $2 million in overseas cash deposits not reported.
There was $2 million in electronics sold two weeks before BK filing.
When we asked for the paperwork, the girl deleted key fields and then quit.
The three girls who handled the IT department kept switching serial numbers to benefit certain vendors.
Then quit and went to Aruba together for two weeks
The Court approved destruction of books n records and the executives abandoned the estate.
eToys went public in 1999 for $8bn and bankrupt March 2001.
The sale to Bain/ KB violates the "bona fide" requisite of the Code.
There is a $500 million lawsuit against Goldman Sachs that MNAT let TBF have and TBF supplied another false affidavit to the court to get the job and is using the law firm that helped get Barry Gold his D&O insurance.
There are profuse reasons to prosecute, but the DOJ stated, in disbanding the Public Corruption Unit, that it was doing so to make the DOJ more efficient.
There where are the case numbers from the ORO on eToys?
The DOJ helps bury the investigation.
There are not just one reason for prosecution, there are hundreds.
Including, but not limited to, Bribery, Perjury, Collusion, Intimidation of Victim/ Witness etc etc.
When we found out that the US Attorney, Colm Connolly was a partner with the Law firm that the DE DOJ is refusing to even name, that being the MNAT law firm. We made an Official 18 USC 3057(a) complaint to the CA US Attorney Tom O'Brien.
His office did not respond, however, the L A Times reports that he disbanded the Public Corruption Unit and threatened career prosecutors with retaliations if they dared speak ot the Press about why.
The FBI finally called us but handed the case to a bankruptcy fraud agent on Mortgage fraud issues.
So we also spoke with agenst in Washington DC who handed us over to agenst in Maryland as Md supervises Delaware.
Then the Region 3 Trustee resigns, the FBI also raids the OSC"s office and home for destroying whistle blower files against government.
Now we are deeply concerned because the person that went back in as Region 3 Trustee is Roberta DeAngelis, the person the Director replaced in 2004 when we first reported the crimes.
The Director and Asst US Trustee resigned after we discovered the additional $100 million fraud in April 2005.
Now the DOJ is an appellee with MNAT, TBF And Barry Gold peititioning the Court to throw out the appeal.
The DOJ specifies in a footnote in their appelle bried that they will NOT address the issues of MNAT!
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