Bankruptcy Fraud and Corruption with Judicial and Trustee complicity.
We have, what appears to be, the illusion of justice in America The BAPCPA of 2005 touts reform to stop fraud and corruption.
Just this Friday I was scorned by the FBI and told that they will not seek action against those that not only have we proven their fraud, non disclosure and circumvention, willfully of the Code,, more than 100 counts they admitted to under oath.
The Judge has fined Traub Bonacquist & Fox $750,000.
A slap on the wrist as the Fraud involves more than $300 million in three separate cases in many states across the country,,
I do hope your case finds eventual justice.
Outside of civil unrest, I do not see how we can halt the selective prosecution and the bias, prejudicial actions by those we placed in the esteemed positions to uphold the law correctly.
There are only a few facts I have concerning Toby Lenk.
He made a public comment early December 2000 on the good outlook of eToys.
Many people acquired stock after that report.
Then, less than a week later, reports that eToys was to file bankruptcy became public.
Being connected to the creditors I was aware of the intent to file bankruptcy and was pursuing my quest to be appointed the eToys liquidator for several months.
The bankruptcy was stymied by the purported fact that Johnson and Johnson desired to buy BabyCenter.com, the true profit center of eToys, prior to eToys filing for protection.
I know Toby, Steve and others lobbied heavy to get the bankruptcy court to approve the destruction of books and records.
I know, through the report of another, that Goldman Sachs had Toby Lenk sell his estate around San Jose, CA.
The bankruptcy estate never reviewed a few preferentials that are connected to Toby... Gap Direct, Pioneer Dist. and Liquidation World.
Several key personnel from eToys, including Toby Lenk went to Aruba for a few weeks after they left etoys.
The curious item is who paid for it, why Aruba and there is a stock holding entity in Aruba.
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To understand the Fraud and Corruption that is occurring since the bankruptcy case was filed you have to have an understanding of the seriousness of "non disclosure" in the bankruptcy realm.
The Bankruptcy Code and Rule of Law is found on the US DOJ website.
Also the US DOJ US Trustee Guidelines and Handbook is on the US DOJ website.
Code 101(14) states the definition of disinterest.
Code 327(a) is the framework of Professional Persons.
Rule 2014 defines the application and repetitive "disclosure" requirements of Professional Persons.
A Professional Person as defined by the LAW is an attorney, accountant, auctioneer or any other person who's duties are germane to a 'bankruptcy" estate.
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A NJ law professor once stated that he never considered giving his students a class in "not" forging a judges signature on a document. Because it is simple common sense.
the Bankruptcy Code and Rule of Law is designed around a diametrically opposed creditor v debtor.
Why the Code focuses sooo much on "disclosure" issues is that such is the very first part of the logic tree to assure a fair and honorable bankrupt estate.
A simple example is that if there are 4 banks as creditors and one bank has his brother working for the debtor, the appearance or perception of possible partiallity exists. The Code/Rule of Law seeks to prevent such from occurring.
Paul Traub, the attorney for the Creditors Committee placed in as CEO of the Debtor, eToys his partner Barry Gold.
He did this in secret, with non disclosure.
They professional entities that were aware of that relationship and remained silent have been paid over $14 million.
The Judge, Her Honor Mary F Walrath is the Chief Justice of DE. After I disclosed to the court the subterfuge and non disclosures she reacted in an odd manner. The OPININION of Oct 4 2005 is attached. That and the resulting order took more than 6 months to occur.
The strange thing is that it occurred immediately after I filed an appeal, in my appeal I allege the fraud has gone unchecked or prosecuted.
The OPININION, which took 6 months to prepare and get right, egregiously states that Barry Gold did no wrong. That a pre petition employee of the Debtor is not required to apply by 327(a).
You can have any law student or professor verify the fallacy of that statement to you.
Judge Farnan who was Mary Walrath's predecessor established the "quantitative" and "qualitative" rules for who must apply. He is now part of the 3rd Circuit, a Circuit that has repeatedly scorned the bankruptcy court for making "ad hoc" decisions to pervert "unambiguous" language of the LAW.
If a person does "Not" disclose a conflict, they "must" be disqualified.
Such cases as In re Marvel Ent 140 F 3d 463 (1998), In re Middleton Arms 934 F 2d 723 (1990), In re First Jersey Securities 180 F 3d. (3rd Cir 1999), In re First Merchants 97-1500(Farnan 1997)
The basic of the "tatives" is that anyone that has "autonomy" or decision authority that can have influence on bankruptcy estate decisions "must" apply and disclose.
The crimes here are many, every time that any of the professionals applied for their quarterly payments (eToys filed in 2001 and is still ongoing) each of the 6 firms committed perjury or false oaths, as a separate count, each time they applied to be paid.
Additionally, the Janet Reno Reform Act of 1994 created the Class A misdemeanor of 155 Scheme to Fix Fee's
Barry Gold and Paul Traub testified, on the stand, that they both worked for Stage Stores In...il 2001. They also testified that Traub's firm paid Barry Gold 4 payments of $30,000 from January 2001 to May 2001.
They also both testified that Barry Gold was hired as "wind down coordinator" on May 21, 2001.
They also have testified that they failed to disclose their relationship.
The judge has concluded that Traub did wrong and fined him $750,000 out of the $ 4 million he has been paid thus far.
Other items of mention are we found out that eToys was suing Goldman Sachs for $300 million.
RR Donnelley was a creditor on the board of eToys voting on whether or not to dismiss actions against Sachs.. RR Donnelley failed to disclose that they had two members on their board from Sachs... when we pointed out their failure to disclose RR Donnelley and Goldman Sachs diviested themselves of one another to the tune of $350 million that was completed on Jan 6 ,2005.
Lawrence Friedman was the Chief Adminstrator in Washington D C of the US DOJ Trustee office... when we informed him of the failures to disclose and the failures of his office to monitor correctly, he replaced the Region 3 Trustee Roberta DeAngelis with Kelly B Stapleton, stating that Stapleton was vastly experienced in Fraud prosecution.
The Judge permitted myself and Robert Alber, an eToys shareholder, to depose Traub, Barry Gold, Michael Fox and the Firm for the Debtor Morris Nichols Arsht & Tunnel.
those hearings and depositions led to addtional discoveries of non disclosures.
Lawrence Friedman gave me his, direct, personal, word that the matters would be handled.
Then the US Trustee office made a Motion in eToys to sanction Traub for $1.6 million. Stating that such was "inadeqate" due to the "draconian" Rule 1144 from the early bankruptcy years that states a bankruptcy PLAN cannot be amended, evern for FRAUD, after 180 days.
The Paul Traub hired the former Federal Justice of NY , James Garrity of the firm Sherman Sterling.
James Garrity and Mark Kenney then announced a settlment of the "inadequate" motion for only $750,000 and broad based immunity language.
All this is occurring while the Bankruptcy Fraud Act of 2005 is being implemented.
Alber and I complain to Lawrence Friedman who does not answer and resigns.
Then the Asst US Trustee Frank Perch resigns.
Then the WSJ , Joe Pereira calls around for the story I urged him to do and Her Honor Walrath hands my case to another Judge.
That Judge, Baxter then reschedules my trial for a leter date, then that same Judge permits my "contingency" counsel to withdraw, then that same Judge throughs out my claim for my having no counsel.
Then I appeal.
Then Her Honor Walrath comes out with Her OPININION and Order of October 4, 2005.
Then, Friday, the FBI scorns me and tells me they talked to the Judge and Trustee, there will be no case, the matter is closed and no action will be taken unless I persist in harrassing by sending my emails.
This infuriates me. They are guilty of more than 150 counts of Fraud, Perjury, False Oaths, Conspiracy, MisPrison, Scheme to Fix Fee's and Racketeering.
If I as the Court approved liquidator had paid myself $1 million and hand done a false oath to do so, I would be doing 5 years and $250,000 in fines plus returning all the money I was paid.
Traub is in eToys, Enron, Kmart, FAO Schwartz, Adelphia, Levitz, Gadzooks, Zainy, Ames, Bradlees, Jumbo Sports, Fisher Big Wheel, TSS and many many more.
There are 100 other crimes such as Liquidity Solutions, Stage Stores, BAIN, KB Toys, Playco and more.
You are correct in assuming that an Attorney by himself cannot have that much power and influence.
Stage Stores, Liquidity, KB Toys, eToys all have another common thread.
FMR Corp and BAIN.
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