20161018 FINAL SIGNED Palm Beach County Sheriff PBSO

Total Page:16

File Type:pdf, Size:1020Kb

20161018 FINAL SIGNED Palm Beach County Sheriff PBSO Contents I. ELIOT BERNSTEIN STATEMENT ...................................................................................... 11 II. COMPLAINT & BACKGROUND INFORMATION ............................................................... 15 III. LIST OF CRIMINAL COMPLAINTS & PBSO OBSTRUCTIONS ..................................... 79 A. Palm Beach County Medical Examiner - Autopsy Ordered by Ted Bernstein for alleged poisoning of his father Simon L. Bernstein. ................................................................................................. 79 B. Palm Beach Sheriff and Boca Raton PD ................................................................................ 80 C. Jacksonville Illinois Insurance Fraud .................................................................................... 87 D. Governor Rick Scott - Notary Public Division ....................................................................... 87 E. Federal .............................................................................................................................. 88 IV. LIST OF ACCUSED PARTIES & WITNESSES ............................................................... 89 A. Judges (Excluding Federal Patent Case and the Most Honorable Judge Shira Scheindlin): ......... 89 B. Lawyers, Fiduciaries (Excluding Federal RICO & ANTITRUST Cases) and other parties involved in the criminal acts alleged herein. ............................................................................................... 90 C. PBSO Officers and PB Medical Examiner involved in criminal acts alleged herein. .................. 93 D. Guardians .......................................................................................................................... 93 E. Others ................................................................................................................................ 94 F. Witnesses ........................................................................................................................... 95 V. Civil Court Cases Involved in Criminal Frauds and Frauds on the Court and Frauds by the Court ........................................................................................................................................... 96 A. Florida 15th Judicial ........................................................................................................... 96 B. Florida Appeals – 4th DCA ................................................................................................. 97 C. Florida Supreme Court ........................................................................................................ 97 D. Federal Illinois Case – Judge John Robert Blakey replacing Judge Amy St. Eve ....................... 97 E. NY FEDERAL COURT RICO AND ANTITRUST AND WHISTLEBLOWER ANDERSON RELATED CASES .................................................................................................................... 97 F. US BK Court Southern District of Florida ............................................................................. 98 G. USDC Oregon .................................................................................................................... 98 H. USDC Eastern District Washington, Spokane ........................................................................ 98 I. USDC Nevada .................................................................................................................... 98 VI. ALLEGED CRIMES COMMITTED ................................................................................... 98 A. CRIME CHARTS ............................................................................................................... 98 B. Alleged Criminal Statute Violations State and Federal .......................................................... 102 PBSO Internal Affairs Page 2 of 241 RE: Internal Affairs Complaint & Public Office Corruption Case 1) 18 U.S. Code Chapter 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS https://www.law.cornell.edu/uscode/text/18/part-I/chapter-96 .................... 103 2) Florida Statute 895 RICO - CHAPTER 895 OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS & FEDERAL RICO http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0895/titl0895.ht m&StatuteYear=2009&Title=-%3E2009-%3EChapter%20895 - ............................................. 103 3) 18 U.S. Code § 1346 - Definition of “scheme or artifice to defraud” https://www.law.cornell.edu/uscode/text/18/1346; ................................................................... 103 a) The court orchestrated probate and guardian scheme and artifice to defraud described herein enables the criminal enterprise aka “Enterprise” or “Probate Cartel,” which is composed primarily of attorneys at law in various public and private capacities, including but not limited to, judges, prosecutors, officers of the courts, estate and trust lawyers, civil lawyers, guardians and private practice lawyers and law firms, to utilize the courts and abuse legal process to deny victims civil due process and criminal due process while stealing their various personal properties, estates, trusts, homes and more. Theft from estates and wards that they are legally obligated to protect, the fox is in the henhouse. Through complex legal schemes, including but not limited to, theft of personal properties from estates and trusts through fraudulent sham hearings and sham pleadings, predatory guardianships to steal wealth of wards while isolating them from families, medicating and sedating them once they usurp their legal rights, committing fraud on and by the court by court appointed officers, guardians and attorneys and other court sanctioned violations of law to rob assets, including real estate fraud, securities fraud, billing scheme frauds and more. ............................................ 103 b) This is a well shielded enterprise as it not only uses the court system to enable the crimes, mostly complex legal frauds but also to disable due process rights of the victims who seek redress by turning the court and attorney and judge regulatory agencies into weapons against victims ensnared in the schemes who complain to ethical or criminal authorities of the crimes being committed against them and completely remove their due process and civil rights through this Obstruction of Justice. The Criminal Cartel uses false and fraudulent legal process to achieve this disabling of civil justice remedies of their victims against those they are robbing, while protecting this “above the law” class of criminals who are cloaked in legal degrees or wear judicial robes. The Cartel acts simultaneously and in concert with other attorneys at law cloaked as prosecutors, lawmakers, private practice attorneys, regulators of attorney and judicial discipline and politicians, to derail any criminal due process sought by victims against these favored lawyers and judges. ......................................... 103 c) This Cartel has similarly been engaged in massive fraudulent home foreclosures in the State of Florida over the last several years which was heroically opposed by the Sheriff department who refused to continue the evictions gained through court enabled fraud such as “robosigning” aka (since Robosigning is not a chargeable offense) Bank Fraud, Mortgage Fraud, Fraud on the Court, Fraud by Court Officials, Forgery, Fraudulent Notarizations, Abuse of Process and more, the courts again the offices the Cartel operates in. The widespread misuse of the courts in these cases created a massive revenue stream for the Cartel while causing massive damage to the state economy and millions of citizens of the state, for the profit of a few and all achieved through complex illegal legal schemes that only lawyers could architect. Yet what did Florida Law Enforcement do to the PBSO Internal Affairs Page 3 of 241 RE: Internal Affairs Complaint & Public Office Corruption Case criminals and seek retribution for the victims, NOTHING! Hardly a single Attorney or Judge involved in these crimes were criminally prosecuted or forced to give up the stolen loot from their victims, homes that they may have profited off the sales of or were even brought up on criminal charges. How you may ask are they above the law? ................................................................ 104 d) The answer is gleaned from a recent news story regarding attorney corruption titled “Whistleblower Lawyers Counterattack Against DC Disciplinary Counsel” .............................. 104 e) “There seems to be a double standard. Has Bar Counsel ever prosecuted any attorneys at corporate firms that help their clients perpetrate fraud? And did Bar Counsel investigate prominent lawyer executives at Fannie Mae who appear to have engaged in actios that led to a multi-billion dollar restatement and left taxpayers footing the bill? Did Bar Counsel prosecute the attorneys that enabled large banks to nearly tank the economy? And has Bar Counsel prosecuted government attorneys that enabled torture and other flagrant unlawful human rights violations? Does Bar Counsel protect the public or does it protect the interests of big corporations and big government?” --- ..... 105 f) “About one week ago, 60 Minutes aired a show in which they caught lawyers, including a former American Bar Association president, providing advice on how to move suspect money into the United States,” Zuckerman said. “Is it Bar Counsel’s position that lawyers that take steps to combat or oppose
Recommended publications
  • Psaudio Copper
    Issue 77 JANUARY 28TH, 2019 Welcome to Copper #77! I hope you had a better view of the much-hyped lunar-eclipse than I did---the combination of clouds and sleep made it a non-event for me. Full moon or no, we're all Bozos on this bus---in the front seat is Larry Schenbeck, who brings us music to counterbalance the blah weather; Dan Schwartz brings us Burritos for lunch; Richard Murison brings us a non-Python Life of Brian; Jay Jay French chats with Giles Martin about the remastered White Album; Roy Hall tells us about an interesting day; Anne E. Johnson looks at lesser-known cuts from Steely Dan's long career; Christian James Hand deconstructs the timeless "Piano Man"; Woody Woodward is back with a piece on seminal blues guitarist Blind Blake; and I consider comfort music, and continue with a Vintage Whine look at Fairchild. Our reviewer friend Vade Forrester brings us his list of guidelines for reviewers. Industry News will return when there's something to write about other than Sears. Copper#77 wraps up with a look at the unthinkable from Charles Rodrigues, and an extraordinary Parting Shot taken in London by new contributor Rich Isaacs. Enjoy, and we’ll see you soon! Cheers, Leebs. Stay Warm TOO MUCH TCHAIKOVSKY Written by Lawrence Schenbeck It’s cold, it’s gray, it’s wet. Time for comfort food: Dvořák and German lieder and tuneful chamber music. No atonal scratching and heaving for a while! No earnest searches after our deepest, darkest emotions. What we need—musically, mind you—is something akin to a Canadian sitcom.
    [Show full text]
  • J2P and P2J Ver 1
    December 25, 1961 D50 Cents MuJEICEILLBDAR WEEk Music- Phonograph Merchandising Radio -Tv Programming Coin Machine Operating Fewer Big Breakout Sides BILLBOARD PAGE ONE MUSIC WLGK PAGE ONE RECORD RECORDS As Mfrs. Key to Xmas Wax NEW YORK - Only 10 new tinued its strong sales pace across 1411:11 singles broke open across the the nation with albums by country this week as dealers, dis- Chubby Checker, Joey Dec, Ray tributors and manufacturers con- Charles and the Ventures moving * NATIONAL BREAKOUTS centrated on selling Christmas up and up. Demand for hot al- 1A.4 consumers. And bums and singles was so strong disks to eager MURRAY THE "K'S" BLASTS FROM THE PAST, Vari- eager. They were that many distributors ran short MONO Ts ous Artists, Chess consumers were s albums at a of wanted merchandise, making fai buying singles and TIME FURTHER OUT, Dave Brubeck Quartet, Columbia greetings healthy rate, with expectations dealers most unhappy. Many aé high that this December would presses worked around the clock turn out to be one of the best in to supply the demand the past and a big 1962 from years. week. The two -week semi -hiatus. course, of new releases is expected to end STEREO LP's CHRISTMAS MUSIC, Mantovani, London Christmas records, of BILLBOARDWEEK were big sellers, both new 1961 next week when manufacturers MUSIC product and the hardy perennials bring forth their strong single and The size of the "Who's Who of other years. The Twist con- album product for January. in the World of Music" sec- tion of this issue has necessi- * NEW AL4ivltt Li' 4 tated a reduction in the size of the regular news section.
    [Show full text]
  • Yom Kippur Morning 5770 Lehman Brothers, Failed
    YOM KIPPUR MORNING 5770 LEHMAN BROTHERS, FAILED BANKS, UNEMPLOYMENT, CITIBANK, ALLEN STANFORD, AIG, MARC DREIER, THE SEC, BEAR STEARNS, BAIL OUTS, BANKRUPTCIES, UNEMPLOYMENT, JAMES NICHOLSON, DELAYED RETIREMENTS, BANK OF AMERICA, UBS. BERNIE MADOFF, GREED IS GOOD, FINANCIAL MELTDOWN, MERRILL LYNCH, SUB-PRIME MORTGAGE LOANS, CALIFORNIA GOING BROKE. NON-PROFITS GOING BROKE, 401K’s DISAPPEARING, WALL STREET, TARP AND GREED, INVESTMENT BANKING IS ALL WE NEED. ECONOMY IN A FREEFALL, ECONOMY IN NEAR COLLAPSE, SUICIDE AND HEDGE FUNDS, PLUNGING HOME VALUES. THE IRS BANK FAILURES, DELAYED RETIREMENT, GM STOCK SELLING FOR A DOLLAR, STIMULUS PACKAGE, JOBS DISAPPEARING, COLLEGE ENDOWMENT FUNDS ARE SLASHED FRANK DIPASCALI, PONZI SCHEMES, CHURCH PONZI SCHEMES, AFRICAN PONZI SCHEMES, JEWISH PONZI SCHEMES, PONZI, PONZI, PONZI, BERNIE MADOFF My son David will tell you that the wildest roller coaster rides in the country are at Cedar Point Amusement Park in Sandusky, Ohio. However, looking at the American economy these past two years, we know that there have been some pretty wild rides here as well and, unlike the amusement park, these rides don’t end after two minutes. The last year and a half of the Bush Administration was a terrifying freefall. Not necessarily because of the wrong decisions being made; it just seemed that no one was in charge. No one spoke up. No one acted. No one took responsibility and the economy seemed to careen closer to the edge of the cliff with every passing day. The only real option for whoever won the Presidential election was to actually do something. Our congregants and our community, like most other congregations and communities, have been deeply affected by the events of the past two years.
    [Show full text]
  • Financial Panics and Scandals
    Wintonbury Risk Management Investment Strategy Discussions www.wintonbury.com Financial Panics, Scandals and Failures And Major Events 1. 1343: the Peruzzi Bank of Florence fails after Edward III of England defaults. 2. 1621-1622: Ferdinand II of the Holy Roman Empire debases coinage during the Thirty Years War 3. 1634-1637: Tulip bulb bubble and crash in Holland 4. 1711-1720: South Sea Bubble 5. 1716-1720: Mississippi Bubble, John Law 6. 1754-1763: French & Indian War (European Seven Years War) 7. 1763: North Europe Panic after the Seven Years War 8. 1764: British Currency Act of 1764 9. 1765-1769: Post war depression, with farm and business foreclosures in the colonies 10. 1775-1783: Revolutionary War 11. 1785-1787: Post Revolutionary War Depression, Shays Rebellion over farm foreclosures. 12. Bank of the United States, 1791-1811, Alexander Hamilton 13. 1792: William Duer Panic in New York 14. 1794: Whiskey Rebellion in Western Pennsylvania (Gallatin mediates) 15. British currency crisis of 1797, suspension of gold payments 16. 1808: Napoleon Overthrows Spanish Monarchy; Shipping Marques 17. 1813: Danish State Default 18. 1813: Suffolk Banking System established in Boston and eventually all of New England to clear bank notes for members at par. 19. Second Bank of the United States, 1816-1836, Nicholas Biddle 20. Panic of 1819, Agricultural Prices, Bank Currency, and Western Lands 21. 1821: British restoration of gold payments 22. Republic of Poyais fraud, London & Paris, 1820-1826, Gregor MacGregor. 23. British Banking Crisis, 1825-1826, failed Latin American investments, etc., six London banks including Henry Thornton’s Bank and sixty country banks failed.
    [Show full text]
  • Hedge Funds: Due Diligence, Red Flags and Legal Liabilities
    Hedge Funds: Due Diligence, Red Flags and Legal Liabilities This Website is Sponsored by: Law Offices of LES GREENBERG 10732 Farragut Drive Culver City, California 90230-4105 Tele. & Fax. (310) 838-8105 [email protected] (http://www.LGEsquire.com) BUSINESS/INVESTMENT LITIGATION/ARBITRATION ==== The following excerpts of articles, arranged mostly in chronological order and derived from the Wall Street Journal, New York Times, Reuters, Los Angles Times, Barron's, MarketWatch, Bloomberg, InvestmentNews and other sources, deal with due diligence in hedge fund investing. They describe "red flags." They discuss the hazards of trying to recover funds from failed investments. The sponsor of this website provides additional commentary. "[T]he penalties for financial ignorance have never been so stiff." --- The Ascent of Money (2008) by Niall Ferguson "Boom times are always accompanied by fraud. As the Victorian journalist Walter Bagehot put it: 'All people are most credulous when they are most happy; and when money has been made . there is a happy opportunity for ingenious mendacity.' ... Bagehot observed, loose business practices will always prevail during boom times. During such periods, the gatekeepers of the financial system -- whether bankers, professional investors, accountants, rating agencies or regulators -- should be extra vigilant. They are often just the opposite." (WSJ, 4/17/09, "A Fortune Up in Smoke") Our lengthy website contains an Index of Articles. However, similar topics, e.g., "Bayou," "Madoff," "accountant," may be scattered throughout several articles. To locate all such references, use your Adobe Reader/Acrobat "Search" tool (binocular symbol). Index of Articles: 1. "Hedge Funds Can Be Headache for Broker, As CIBC Case Shows" 2.
    [Show full text]
  • Congressional Record—House H1653
    February 23, 2009 CONGRESSIONAL RECORD — HOUSE H1653 the Olympic torch on its route through BILLS PRESENTED TO THE ∑ Division H—Department of State, For- Cleveland for the 2002 Olympic Games PRESIDENT eign Operations, and Related Programs Ap- propriations Act, 2009; in Salt Lake City, Utah. He is a mem- Lorraine C. Miller, Clerk of the ∑ Division I—Transportation, Housing and ber of Tau Boule and holds life mem- House reports that on February 4, 2009 berships in Kappa Alpha Psi Fraternity Urban Development, and Related Agencies she presented to the President of the Appropriations Act, 2009; and and the NAACP. United States, for his approval, the fol- ∑ Mr. Speaker, I thank you. I thank Division J—Further Provisions Relating lowing bill. to the Department of Homeland Security and my colleagues, and again, I thank this H.R. 2. To amend title XXI of the Social Other Matters. Nation for recognizing that black his- Security Act to extend and improve the Chil- Section 3 states that, unless expressly pro- tory is indeed American history. dren’s Health Insurance Program, and for vided otherwise, any reference to ‘‘this Act’’ f other purposes. contained in any division shall be treated as referring only to the provisions of that divi- LEAVE OF ABSENCE Lorraine C. Miller, Clerk of the House reports that on February 16, 2009 sion. By unanimous consent, leave of ab- she presented to the President of the DIVISION A sence was granted to: United States, for his approval, the fol- TITLE I—AGRICULTURAL PROGRAMS Ms. EDDIE BERNICE JOHNSON of Texas lowing bill.
    [Show full text]
  • CPY Document
    1488 FEDERAL TRADE COMMISSIOX DECISIO COllpl11int fjG F.T.C. (1) In thrce of these ca::es , 1.1Iere is no quorum 01 the Commission at the present time for rendering adjudicative decisions on the merits and i sning' any orc1c1's to cease and desist based upon findings of i()htinll (If l:1\Y. \d.ilJlicatioll of thes(' cnses ,,'olll(ll'eql1ire reaTf2"lment of the appeals. The slwljtj(: priLclices challenged in these cases occurred aln10st a. c1ecade ago, in the mid- 1950' , and competitive cOllclitions in this dynamic and rapidly changing indust.ry appenr to luLY8 altered significantly since then. (2.) The Commission has this elat.e annollllced the initiation of a broad inquiry into the problems of competition in the marketing of gasoline. Orders to cease and desist entered against a few oil com- panies-orders whic.h ,yould probably not become final , if at all, until Gompletion of lengthy reyic\';' proceedings in the Federal Courts of Appeals and the Supreme Court-conld not proyjde complete or ef- fective solution 10 the competitive problems of the gasoline industr;.v. It ,yould appeario be more desirable from the standpoint of efIec- tive administration of the Jaw , that the Commission concentrate its necessarily limited resources on a. comprehensive industry-wide ap proac.h to the prohlems of competition in the marketing of gasoline. Commissioner Dixon not participating and with Commissioner 1\-1ac- 1ntyre dissenting for the reasons stated by him in the accompanying dissenting opinion. Ix THE NUTTR OF CROWN PUBLISHERS, lNG, ET AL. ORDER : OP1XTQ::"' , 'ETC. , IX REGARD TO TIlE ALLEGED VlOLATION OF THE FEERAL TRADE COMMISSION ACT Docket 85!J8.
    [Show full text]
  • Taming the Tort Monster: the American Civil Justice System As a Battleground of Social Theory Michael L
    Brooklyn Law Review Volume 68 | Issue 1 Article 1 9-1-2002 Taming the Tort Monster: The American Civil Justice System as a Battleground of Social Theory Michael L. Rustad Thomas H. Koenig Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Michael L. Rustad & Thomas H. Koenig, Taming the Tort Monster: The American Civil Justice System as a Battleground of Social Theory, 68 Brook. L. Rev. 1 (2002). Available at: https://brooklynworks.brooklaw.edu/blr/vol68/iss1/1 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. Brooklyn Law Review Volume 68 2002 Number 1 ARTICLES TAMING THE TORT MONSTER: THE AMERICAN CIVIL JUSTICE SYSTEM AS A BATTLEGROUND OF SOCIAL THEORY' Michael L. Rustadt & Thomas H. Koenig* 02002 Michael L. Rustad & Thomas H. Koenig. All Rights Reserved. Michael L. Rustad is the Thomas F. Lambert Jr. Professor of Law and Director of the Intellectual Property Law Program at Suffolk University Law School School. B.A. 1971, University of North Dakota; M.A. 1973, University of Maryland; Ph.D. 1981, Boston College; J.D. 1984, Suffolk University Law School; LL.M. 1986, Harvard University Law School. Thomas Koenig is Professor, Department of Sociology and Law, Policy and Society Doctoral Program, Northeastern University. A.B. 1971, University of California, Santa Cruz; M.A. 1973, University of California Santa Barbara; Ph.D. 1979, University of California, Santa Barbara. This article is dedicated to the memory of Thomas F.
    [Show full text]
  • Roman Silberfeld Robins, Kaplan, Miller & Ciresi
    RECORDER 135RD YEAR NO. 7 www.therecorder.com WEEK OF MARCH 7, 2011 THE RECORDER . MONDAY, FEBRUARY 22, 2010 11 SPECIAL SECTION Roman Silberfeld Robins, Kaplan, Miller & Ciresi ho Wants to Be a Mil- May of that year. “ lionaire” creator Cela- As those lawyers acclimated to their dor International had new firm, Silberfeld, a trial lawyer and the courage of its con- the firm’s managing partner, dropped victionsW when it went up against The Walt everything to take over the case. It turns Disney Co. in a jury trial last year, says at- out he didn’t need to rush: The trial was torney Roman Silberfeld. Disney, on the continued to 2010. The proceedings were other hand, was betting there was little mer- delayed again when the judge handling it to Celador’s claim. it — Florence-Marie Cooper — passed “They turned out to be wrong,” Silber- away. Eventually, Judge Virginia Phil- feld said. lips took the case, and Silberfeld set out After years of legal wrangling and a four- to prove just how important the program week trial, the jury issued its final answer: was to ABC and Disney. Celador should receive a whopping $269 “We wanted to have the jury have the million in lost profits, plus $50 million the proper perspective of the value, because trial judge added in prejudgment interest. we were going to ask them for hundreds Disney appealed to the Ninth Circuit U.S. of millions,” he said. Celador had asked Court of Appeals in January. for damages up to $395 million. It was the largest jury verdict ever in a Silberfeld said the case was proven es- so-called “Hollywood accounting” case, sentially “out of the mouths of defense wit- JAMIE RECTOR JAMIE according to The Hollywood Reporter, and nesses” — by his team’s cross-examina- could have lasting implications on the tion of executives from Disney, ABC and During the course of his career, he’s way Hollywood does its accounting.
    [Show full text]
  • United States District Court Southern District of Florida
    Case 0:09-cr-60331-JIC Document 272 Entered on FLSD Docket 06/04/2010 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-60331-CR-COHN UNITED STATES OF AMERICA, Plaintiff, vs. SCOTT W. ROTHSTEIN, Defendant. _________________________________/ DEFENDANT’S SENTENCING MEMORANDUM COMES NOW, the Defendant, SCOTT W. ROTHSTEIN (“Mr. Rothstein” or “Defendant”), by and through his undersigned counsel, and respectfully files his Sentencing Memorandum to aid this Court in its determination of the sentence to be imposed in this matter at the Sentencing currently set for June 9, 2010, and states as follows: I. PRELIMINARY STATEMENT Not just by his words alone,1 but more importantly, by his actions, Scott Rothstein has demonstrated his profound recognition of the magnitude of the crimes he has committed and the harms he has caused many others. Since the commission of his offenses, he has done every act conceivably possible under the circumstances to try to redress his wrongs; first, through tireless cooperation with law enforcement authorities and the turnover of all of his assets to the Government and, subsequently through his cooperation with representatives of the victims of his 1 The Defendant has submitted a letter to the Court which is attached hereto as Exhibit “A”. Case 0:09-cr-60331-JIC Document 272 Entered on FLSD Docket 06/04/2010 Page 2 of 21 fraud. Moreover, his voluntary decision to return to the United States from Morocco2 to “face the music”, plead guilty and immediately hand over to the government, in effect, a “play-by- play” description of all of the intricate details of his crimes, as well as crimes of others, has saved the Government (and ultimately the taxpayers) an untold amount of money, time, effort and has greatly conserved the resources of this Court.
    [Show full text]
  • NOVATOR CREDIT MANAGEMENT, Et Al., : : Defendants
    UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x FOR PUBLICATION In re: : : DREIER LLP, : Chapter 11 : Case No. 09-15051 (SMB) Debtor. : ---------------------------------------------------------------x SHEILA M. GOWAN, Chapter 11 Trustee : of DREIER LLP, : : Plaintiff, : : Adv. Pro. No. 10-04278 (MG) v. : : NOVATOR CREDIT MANAGEMENT, et al., : : Defendants. : ---------------------------------------------------------------x MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS A P P E A R A N C E S: DIAMOND McCARTHY LLP Attorneys for Sheila M. Gowan, Chapter 11 Trustee for Dreier LLP 620 Eighth Avenue, 39th Floor New York, NY 10018 By: Howard D. Ressler, Esq. -and- 1201 Elm Street, 34th Floor Dallas, TX 75270 By: J. Benjamin King, Esq. (argued) -and- 909 Fannin Street Suite 1500 Houston, TX 77010 By: Stephen T. Loden, Esq. 1 KAYE SCHOLER LLP Attorneys for Defendants Novator Credit Management Limited and certain affiliated entities 425 Park Avenue New York, NY 10022 By: Nicholas J. Cremona, Esq. -and- Three First National Plaza 70 West Madison Street – Suite 4100 Chicago, IL 60602 By: Eric H. Sussman, Esq. (argued) UNITED STATES DEPARTMENT OF JUSTICE United States Attorney’s Office One St. Andrew’s Place New York, NY 10007 By: Matthew L. Schwartz, Esq. (argued) KLESTADT & WINTERS, LLP Attorneys for Official Committee of Unsecured Creditors 570 Seventh Avenue 17th Floor New York, NY 10018 By: Tracy L. Klestadt, Esq. (argued)
    [Show full text]
  • Marc Dreier Pleads Guilty to Fraud
    United States Attorney Southern District of New York FOR IMMEDIATE RELEASE CONTACT: U.S. ATTORNEY'S OFFICE MAY 11, 2009 YUSILL SCRIBNER, REBEKAH CARMICHAEL, JANICE OH PUBLIC INFORMATION OFFICE (212) 637-2600 MARC DREIER PLEADS GUILTY TO FRAUD LEV L. DASSIN, the Acting United States Attorney for the Southern District of New York, announced that MARC DREIER, the former managing partner of the New York law firm Dreier LLP, pleaded guilty today to all eight counts contained in the superseding Indictment previously filed against him in Manhattan federal court. According to the superseding Indictment: DREIER was the founder and managing partner of Dreier LLP, a law firm that, along with its affiliates, employed more than 250 attorneys with its principal office in New York City and additional offices in Los Angeles and elsewhere in the country. From approximately 2004 through December 2008, DREIER conspired to engage in securities and wire fraud involving: (a) the sale of fake notes purportedly issued by a New York real estate developer; (b) the sale of fake notes purportedly issued by a Canadian pension plan and guaranteed by another Canadian company; (c) the sale of fake notes purportedly issued by the same Canadian company and guaranteed by the same Canadian pension plan; and (d) the embezzlement of Dreier LLP client funds. In furtherance of the note-sale scheme DREIER, among other things, supplied purchasers and prospective purchasers with false documentation, including false financial statements, assignments and guarantees. In addition, DREIER also impersonated, or arranged for others to impersonate, representatives of the purported issuers and sellers in telephone conversations, e-mail exchanges and meetings, and to this end even gained unauthorized entry into the premises of the New York developer and the Canadian pension plan.
    [Show full text]