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This Federal Judicial Center publication was undertaken in furtherance of the Centers statutory mission to develop and conduct education programs for judicial branch employees:

Guide to the Judicial Management of
Bankruptcy Mega-Cases


Laura B. Bartell
Professor of Law
Wayne State University Law School
Detroit, Michigan

 

S. Elizabeth Gibson
Burton Craige Professor of Law
University of North Carolina at Chapel Hill
School of Law
Chapel Hill, North Carolina


Download Federal_Judicial_Center__Judicial_Management_of_Mega-Cases__Bartell_Gibson.pdf for free!

Yo, Yo, Yo!

White Crook Caught Red Handed

Jon Corzine is the Teflon Jon, caught stealin' money. One point 5 of the biggest.

What are the chances that an organized crime member gets punished? No, not low level Tony Soprano type, but one of the big players, government insiders. Well, first let's consider what some honest members of our federal government who were in charge of enforcing the relevant laws against such crimes had to say on the matter:

Corzine bears responsibility for MF Global's unlawful acts. He held and exercised direct or indirect control over MF Global and Holdings and either did not act in good faith or knowingly induced these violations. In violation of his legal obligations, he also failed to supervise diligently the activities of MF Global's officers, employees, and agents.

The DOJ responds to Sherrod Brown, Chairman of the SubCommittee of Financial Institutions and Consumer Protection regarding the criminal prosecution (or lack thereof!) of large financial institutions.

This letter more than the usual "blah blah" nonsense with nothing concrete, half excuses, and a failure to admit the horrid record of protecting the big crooks involved in our current national financial crisis.

This letter is more, because has become the "entry vehicle" for a letter from a whistleblower, which is on point to the failures to prosecute. A case where DOJ lawyers blatantly admitted cover-up of crime by one of the most powerful hedge fund / politicians in our nations history.

Very OMG, baby!

Duane Morris is among the biggest of the BigLaw profit centers willing to wade admidst the filthy muck known as bankruptcy law, even infamous Delaware skank.

So perhaps it should come as no surprise to find a partner of Duane Morris caught first with his pants down in his repeated disloyal attempts to aid his associates in their legal matters against the Post Office, and then lying about it during the investigation. As if the Post Office doesn't have enough trouble these days, they were saddled with a dirty lawyer who was an official member of the United States Postal Service Board of Governors at the same time he schemed with his associates to harm the entity for which he held a fiduciary duty.

But don't take the word of BankruptcyMisconduct on this opinion, read the official OIG document on Alan C. Kessler for yourself at "no charge". Hurry before Duane Morris promotes him to CEO or something.

Eliot Spitzer is known in the public mind for a legacy that includes doing business with organized crime during his years as a pretend prosecutor and corrupt governor of New York State. Even so, the commercial media have done a great job at glossing over the many organized crime elements which profited directly from their illicit connections with Spitzer and indirectly through his degenerate abuse of Prosecutorial Discretion.

And so, it was not long after Eliot Spitzer lost his ultimate power over the business of "justice" in New York that a bankruptcy lawyer, and pimp, known as Big Daddy Lou was arrested. It is a challenge for ordinary citizens to comprehend the racially motivated hatred, bigotry, and birthright entitlement which motivates and justifies educated lawyers like Louis J. Posner & Eliot Spitzer to profit on the slave trade in young Russian sex slaves.

Perhaps even more of a challenge is understanding why a fib by Martha Stewart, corrected of her own volition prior to any adjudication, related to an alleged insider $40K stock trade offense results in a years incarceration. And the million dollar prostition ring that was run by the bankruptcy lawyer Louis Joseph Posner, which included false statements to police, and making fraudulent charges against the police, results in the slap on the wrist of community service and probation. While we admit that the "higher standard" myth about lawyers is a well known joke, we can barely imagine the dirt on public officials that Posner traded for his freedom.

We can only wait for the day when a Federal Special Prosecutor can make the rounds to the former (we hope) Spitzer organized crime ring and clean up the disgusting mess. Andrew Cuomo did a great job keeping things covered up, but a new day is coming.

One lawyer disbarred is not even a start. We need wholesale incarcerations and forfeiture of criminal enterprises. By the way, and adjudication done via a Fraud Upon The Court creates an infinitely long statute of limitations. Fraudulently withholding the names of co-conspirators in an organized crime ring is exactly such a stubborn thorn in the side of organized crime on this one. And BankruptcyMisconduct is not focused upon statements by Big Daddy. The prosecutor's office is infected by the influence of organized crime, and felony crimes ensare all who profit, aid, abet, instigate, counsels, or influences.

So read this little prologue, the disbarment and expungement of bankruptcy lawyer Louis J. Posner.

The Judicial Canons govern the conduct of every federal judge. This includes federal bankruptcy judges.

Retrieved from http://www.uscourts.gov/rulesandpolicies/CodesOfConduct.aspx

This interesting file is an affidavit by a brave man named Israel Weinstock, who apparantly holds "Old School" beliefs about Truth & Justice vis a vis Corruption:

two issues which are fundamental to the functioning of our society and particularly the judicial system: can the rich and the powerful evade and avoid prosecution for their criminal behavior by retaining "prestigious" and "well-connected" attorneys, and can those "prestigious" and "well-connected" attorneys who participate in fraudulent schemes avoid prosecution because of their "connections"?

BankruptcyMisconduct.com applauds Mr. Weinstock for deeming his own comfort less important than preserving the honest and noble pursuit of happenstance in the U.S.A. Please read his affidavit ISRAEL_WEINSTOCK-Affidavit_Motion_Rule_60(b).pdf and let us know if you find the bankruptcy system as the venue in which the alleged cover up of crime seems shocking.

 

Martha Stewart is deemed as having told a lie during an investigation. Even though she corrected it after reviewing her notes of her own volition and prior to any sort of adjudication, she is placed in jail.

When Jeff Adams was with a lawyer employed by Bettison, Doyle, Apffel & Guarino, P.C. as they sought to be employed by Eagle Broadband, Inc. et al. he filed a blatantly false affidavit of disinterestedness.

Download this order where judge LETITIA Z. CLARK gently slaps Jeff down.

We've seen Conflict Of Interest problems and false affidavits before, but in this case Jeff Adams was an appointed officer of a few public companies affiliated with Eagle Broadband.

Let's start the clock ticking as to when Mr. Adams gets incarcerated. Too bad it doesn't look like Jeff has any bargaining leverage in order to help a District Attorney nab a bigger crook, like the otherwise similarly situated Suzzanne Uhland.

Suzzanne is better off than Jeff
because if she plays her cards smart, she could strike a deal while the window is still open...

Yawn... yeah, yeah, we know. Another lawyer is caught "failing to disclose a conflict". Actually, that phrase is lawyer talk for the simpler and more accurate phrase - a fraud upon the Court.

Do read this order, it's amazing for how clearly Judge Arthur J. Gonzalez is able to both discern bankruptcy misconduct and also articulate clearly most of the many transgressions established by his facts whilst citing an abundance of case law. It is almost as if some new unbridled intern wrote the paper thinking it was for a law school class. Sans any real world sense of finesse or convention.  One can only wonder why in this particular case, the Court sees the issues so clearly as between Black and white, when gray so often defines the muddied muck in which Mega Case bankruptcy law firms and their complicit brother lawyers on official Committees and at the U.S. Trustee pooh pooh conflict of interest. More on this later?

Be that as it may, how is Artie G. able to find such facts as support his order without making mandatory referrals regarding the lawyers involved, including the U.S. Trustee? Readers of Bankruptcy Misconduct may recognize Judge Gonzalez as the presiding judge in the WorldCom bankruptcy who heard a lawyer admit to advising his client that death threats where legal in a bankruptcy context.

"The fish stinks from the head down"
- Arthur "Artie" Bucco, Jr.

 

This document is available at the USBC SDNY at the courthouse or on PACER under Source Enterprises, Inc., et al. 06-11707(AJG) or on BankruptcyMisconduct under filename 041508gonzalez_USTrustee_conspires_in_fraud_on_the_Court.pdf

 

 

Anthanassios Katsioulas and the Board of Directors of Ammocore Technology, Inc. object to the Trustee's Motion to Settle Adversary Proceeding with Cadence Design Systems et al. We hope to get exhibits to this motion. There are reports that the BigLaw firm MNAT, famous for their involvement with eToys bankruptcy case, was representing the outside public firm which allegedly exerted de facto control over AmmoCore causing its bankruptcy filing and acquiring certain of its assets.

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