Posted by
LASER Haas on Monday, June 23, 2008 3:59:13 PM
We beg of you, to address the facts and abate the inherent reflex due to your idealism.
If you do not consider the possibility, that entrenched corruption can exists, they wayward parties are then granted immunity.
Any reader must, for the sake of the integrity of the judicial process, abate preconceptions, that would encourage scoffing.
It is testified to all, this the 23rd day of June 2008, by Steven Haas (a/k/a Laser Haas) ("Laser or Haas") "under penalty of perjury" that the following items are True and Correct.
While it is a minor issue that it is "our" case, the fact remains that corruptive cronyism is destroying everyone's system of Justice (at least in Delaware).
Delaware is the State of Corporate dominance, due to the fact that the Delaware Federal Courts, especially the Bankruptcy Courts, are known to rule in a manor favorable to Corp Exec's and representative counsels at the direct, material adverse harm to public equity holders, minor creditors and anyone who would challenge their supremacy.
Senator John Cornyn as a Ranking Member of the Senate Judiciary Committee reflected upon a book that criticized Delaware's "insider" abuse of their collective bargaining positions. The book was written by UCLA Law Professor Lynn LoPucki entitled "Courting Failure" How Competition for Big Cases is Corrupting the Bankruptcy Courts (
here ) and Professor LoPucki's battle with Senator Biden (
here )
The reflections by Professor LoPucki on how Senator Biden defended the wayward actions of Delaware are pertinent.
One must also pay attention to the issue that Senator Biden is extensively biased, for Delaware receives more than 50% of its annual budget from beguiling entities from other State's to pay taxes in Delaware. The reasons why any entity would pay multiple State's a revenue is the question that must be understood.
As Senator Cornyn’s motivation(s) are the pursuits of each State keeping its own revenue and all courts remaining free from temptation to “court” cases; it is readily apparent what logic should prevail in a “chaste” world.
Senator Cornyn stated, in a obvious diplomatic manner,
“Of course, no one wants to believe that a federal judge would ever distort the law for any reason, let alone in order to improve the court’s docket”.
At the same time the Senator Cornyn stated in the Legal Times, (June 6, 2005), article. that the facts are what they are; as Senator Cornyn remarked;
“After all, picking a judge isn’t far from picking the verdict. What’s more, if debtor’s get to pick the jurisdiction, then bankruptcy courts have a disturbing incentive to compete with each other for major bankruptcy cases, by tilting their rulings in favor of corporate debtors and their attorneys.”
Congress and the Circuit Court's have addressed the issues of sohpisticated, organized, counsels endeavors to engage in detrimental practicess that would destroy the basic frameworks of the Title 11 Code for the benefit of conflicted attorneys.
The 3rd Circuit addressed the issues of organized errant activity that Congress has classified as “bankruptcy rings”.
In the matter of In re Arkansas Co., 798 F.2d 645 (3rd Cir. 08/13/1986), the Third Circuit remarked upon the fabric of the stabs to clean up errant efforts, after the fact, to circumvent the Code, by quoting the verity that Congress was well aware of the “reality” of how the system “truly” works. The Third Circuit tackled the issues of offensive applications by faulty § 327(a) and Rule 2014 affidavits as follows;
“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.
Now that we hopefully have laid the foundation that organized criminal activity within the bankruptcy realm is not a creation of eToys, the fundamental issues must be addressed as to how such corruptive measures could propagate into full blown Organized Crime. For criminal acts can only thrive, where prosecution or "policing" is lacking. As it is impossible to walk in with a gun and hold up a Federal Court, the only way to fleece a Federal Estate that has the protections of a Federal Judge, Dept of Justice US Trustee's (the System of Justice) and extensive Congressional Laws specifically designed for such, is that one or all three of the protectorates must Fail!
Congress has done its job prudently, righteously and extensively. The protections are extensive, profuse and deeply detalied within the Code and Rule of Law. Therefore the failure then must be either the System of Justice ineffectiveness in application of the profuse Statute's designed to protect the public, the creditors and the integrity of the Judicial Process.
Why Delaware, the smallest state in the land, has become the largest Bankruptcy state is simply due to the fact that it is known, the Court will not appoint a US Trustee to administer cases. This, of course, requires, at the barest of minimums, complacentcy by the US Trustee's office local personnel not seeking to affirm their inherent, statutory, rights.
It is not within our ability to investigate and document what the "System's" participants are gaining for their willful blindness to statutory violations. What they gained for engaging in illegal behavior to protect those who deliberately have broken the law is the responsibility of other persons or agencies, such as the FBI etc..
However, what we can do is document, overwhelmingly, by Court docket written records that the Chief Justice and many persons of the Delaware Dept of Justice are engaged in acts, totally contrary to the Law, in an arbitrary & capricious manner for the expressed benefit of the TBF and MNAT law firms confessed acts of Perjury & Fraud.
Both Traub Bonacquist & Fox ("TBF") the court approved counsel for the eToys Creditor's and Morris Nichols Arsht & Tunnel ("MNAT") the Court approved counsel of the Debtor, eToys; have confessed to filing more than thirty-four (34) False affidavits (Perjury) and deceiving the Court.
Committing acts of Perjury for the purpose of deceiving the Court is Fraud upon the Court by Officers of the Court.
Fraud on the Court by Officers of the Court is such a heinous act that the United States Supreme Court has stipulated there is no statute of limiations.
The Delaware US Trustee’s Disgorge Motion of the TBF law firm for $1.6 million and even the Opinion of the Delaware Bankruptcy Court on October 4, 2005 that approved the illegal Stipulation to Settle that provided implied, blanket, immunity to the TBF law firm, addressed a case that Justice Tucker utilized in the M.T.G matter (where M.T.G similarly addressed a repetitive failure by the lower courts to address Fraud on the Court), directly citing the US Supreme Court’s decision In re Hazel Atlas Glass Co., v Hartford-Empire Co., 322 U.S. 238, 239, 245 (1944), as Justice Tucker reflected;
“the United States Supreme Court vacated a decision of the court of appeals that had been obtained by fraud on that court, even though the action seeking relief was filed nine years after the decision. The Supreme Court held that lack of diligence by the party seeking relief for fraud on the court does not prevent relief”
The Chief Justice in eToys and the Dept of Justice Region 3 Trial Attorney, Mark Kenney, both proffer the notion that no serious wrong has occurred here. Utilizing their esteemed levels of public trust, in an act of imprimatur, they "clout" the issue by pretense and "color of law" for cronyism's sake and directly contravene the irrefutable evidence.
The US Trustee's Disgorge Motion and Stipulation to Settle only mentioned the TBF law firm, despite the fact that both MNAT and TBF confessed to supplying more than 17 false affidavits each, while they collaborated to defeat the Laws of the United States for their direct, unlawful, benefit and the expressed profit of a hidden, powerful client (BAIN).
Also, both the US Trustee Disgorge Motion and the Court's Oct 4, 2005 Opinion specifically addressed the "wind down coordinator" issues of Mr. Barry Gold. Despite the acknowledgement of the criminal acts, the Opinion stated that no Perjury was documented and the Judge also stated, in writing, that she refused to refer the matter to the US Attorney.
What the Judge, the Delaware Dept of Justice and MNAT all failed to detail was the fact that a former partner of the MNAT law firm is tthe Senior Judge of the Circuit, where the Circuit appointed the Bankruptcy Court as Chief Justice and that the Delaware US Attorney also clerked for the same 3rd Circuit Justice (Walter K Stapleton).
Making the issue more morose as a compounding issue is the germane fact that the US Attorney, Colm F Connolly was also a partner with the MNAT law firm in 2001, the very year the fraud and perjury began.
The crimes that have been committed are extensive, including, but not limited to, Perjury, Scheme to Fix Fee's,. Intimidation of Victime/ Witness, Willful Circumvention of Code/ Rule, False Oath/ Declaration, Bribery, Extortion, Deliberately failing to list a Federal case asset, Collusion to Defraud an estate (by selling their client eToys assets to their other, regular client Bain) and being that the case involves multiple state lines, multiple cases, over many years, with many firms and hundreds of millions of dollars, the foundation for RACKETEERING certainly is abundant.
They have threatened my demise in many ways. Their clandestine acts actually pushed an aggressive eToys shareholder into a nervous breakdown and his ill health resulted in Brain surgery. Upon his recovery from the Brain Surgery an unauthorized Magistrate summarily issued a shot gun briefing notice to the shareholder (Robert Alber) and then a new justice, without a hearing, summarily dismissed the appeal.
Noteworthy is the fact that the Dept of Justice was acting as an appellee with the MNAT and TBF law firms, defending the right to give the TBF law firm implied, illegal, blanket, permission to Circumvent the Law of 327(a). The very Code the United States Trustee's office is designed to protect and defend.
Also, not only does the Delaware Dept of Justice refuse to mention the MNAT law firms acts, as the Delaware Dept of Justice sought to sanction the TBF law firm for $1.6 million and sought no sanctions or even mentioned the MNAT law firms name. The Dept of Justice rogue personnel (at least we hope they are rogue's) stated as a footnote in their 3rd Cir Appeal brief (case 07-2360) that they would "not" address the MNAT issues, as if such were a cardinal sin.
Finally, as noted below, we submitted a brief, a formal Complaint, to the US Attorney's office in CA when we received proofs of the Ethics violation of US Attorney Colm F Connolly's office. That complaint was never answered. However, the CA US Attorney's office summarily dismissed the Public Corruption Unit as the US Attorney, Tom O'Brien threatened career prosecutors to keep silent on the reaons for the dismantling of the Unit.
Then, we asked questions about if the US Trustee over Delaware, Kelly B Stapleton, who replaced the Region 3 Trustee who first presided over eToys, Roberta DeAngelis, for the obvious question of whether or not, Mrs Stapleton was related to Judge Stapleton.
We received no answer, because Kelly B Stapleton immediately resigned.
Then, the FBI raided the Special Counsel's home and office in Washington D.C. for destroying whistle blower files against Governement personnel.
Remember, this is testified to you under penalty of perjury.
It is our case.
They are still being permitted to keep the keys to the vault they are fleecing as the TBF law firm is disbanded, sold, closed and defunct.
Paul Traub of TBF is now with Dreier LLP and still engaging in acts of perjury and fraud while handling the NY Sup Ct case of eToys (ebc 1) versus Goldman Sachs. Traub gained his permission to handle the case by a perjury supplemental application, TBF's co counsel handled the Director & Officers insurance of Barry Gold and MNAT represents Goldman Sachs in Delaware, while Traub and Barry Gold worked for a Goldman Sachs entity Cosmetics Plus.
What do you think the outcome of the NY Case shall be?
Yes, it is "our" case,
However
IT IS EVERYONE"S SYSTEM OF JUSTICE at stake here.
The only question that needs to be answered now, is
Do you care?