This blew my mind. Apparantly this was actually filed. Whether or not it is of proper form and actually gets considered, the assembly of facts and law are so overwhelmingly persuasive that history will undoubtedly not allow the billion dollar fleecing of the public to go unrecognized.
http://www.bankruptcymisconduct.com/files/3rd_Circuit_Emergency_Writ_eToys.pdf
You've got to read it. The document is not merely a "Just the facts, Ma'Am" detailed allegation regarding organized crime rings running rampant in the courts. It may very well represent the inflection point of massively extreme corporate malfeasance's growth and symbiosis with bankruptcy professional's bankrupty fraud amidst the ostrich mentality of the Department Of Justice. We will post a few amazing outakes below:
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page 3:
Chiefly important, manifest injustice is continuous, within the jurisdiction of this Circuit by willful blindness, “pretense” and “color of law”, benefiting a “bankruptcy ring” that is becoming incestuous organized crime within the Delaware court system.
“It is significant that Congress chose to place the requirement of court approval for the employment of an attorney, accountant, or other professional by the creditors committee directly in the Bankruptcy Code in 1978. 11 U.S.C. § 1103(a). The legislative history makes clear that the 1978 Code was designed to eliminate the abuses and detrimental practices that had been found to prevail. Among such practices was the cronyism of the "bankruptcy ring" and attorney control of bankruptcy cases. In fact, the House Report noted that "in practice . . . the bankruptcy system operates more for the benefit of attorneys than for the benefit of creditors." H.R. No. 595, 95th Cong., 2d Sess. 92, reprinted in 1978 U.S. Code Cong. & Ad. News 5963, 6053”
page 15:
As the Asst Trustee remarked upon in the Disgorge Motion, the US Trustee is charged with overseeing Chapter 11 cases within the Delaware Judicial District in accordance with 28 U.S.C. § 586. The US Trustee’s office was designed by Congress to protect the system and public from “bankruptcy rings” and cronyism. The US Trustee is the “policing” authority of Chapter 11 bankruptcy matters as the Disgorge Motion pointed out in referencing Morgenstern v. Revco D.S., Inc. (In re Revco D.S., Inc.), 898, F.2d 498, 500 (6 th Cir. 1990) (describing the US Trustee’s office as a “watchdog”).
When we shouted and screamed to all the authorities concerning the profuse frauds, the Delaware US Attorney, Mr. Colm Connolly’s staff failed to tell us then (3 years ago) that Mr. Connolly was a partner with MNAT in 2001, when the bulk of the offenses occurred. (It is perceptible that any honorable review of the facts, will kismet many).
page 18:
When the eToys shareholders questioned Mr. Gold about his TBF connections in a hearing on the Plan confirmation (transcript D.I. 1394). Mr. Gold denied* connections to TBF while on the stand and many in the room, (including the Dept of Justice), knew the statement was false at that time. Mr. Gold cemented the ruse by a Plan Declaration - Affidavit, where Barry Gold falsely stated, perjuring himself, that all the negotiations were done by “good faith” “arms length” parties (D.I. 1312) (Gold &TBF).
*The Chairman of the Creditors Committee also gives affidavits stating TBF and Barry Gold deceived the Creditors Committee and the Court on Barry Gold and CLI issues. (D.I. 1481, 2111, 2281 & June 2005 2288.
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