A comparison of Jeffrey Epstein's case, and another case, U.S. v. Kent Frank 599 F.3d 1221 (11th Cir. 2010), shows that Roy Black's statement, that Epstein was only facing a 'low-ball' number of 10 years in federal prison, was not accurate. If the Government had pursued Epstein, with the same zeal it pursued Frank, Epstein was facing at least the same 40 years Frank received. In addition, if consecutive sentences were applied, that number increased dramatically. In the Frank case, to reach the 40 years, the 11th Circuit applied a definition to "purchase," under 18 U.S.C. §2251, that included the solicitation of underage girls — the same claims made against Epstein.
I met Mr. Frank at the FDC Miami. And along with 100's of other cases I was requested to look at, I briefly looked at his case. The case against Frank was far weaker than that reported in the press against Jeffrey Epstein.
The Frank case involved an American who traveled to Cambodia as a "sex tourist." Frank was arrested and charged in Cambodia. The age of consent in Cambodia has been reported as being either 15 or 16. Frank was found innocent in Cambodia and released. He was later arrested in Vietnam and extradited to the U.S. on the Cambodian charges. Rights groups have disputed the willingness of Cambodian courts to convict in such cases.
In the U.S. Frank trial, none of the four victims appeared as witnesses. The evidence against Frank was a statement given by Frank in Cambodia in which he admitted he met the girls at bars, paid the girls for sex and to photograph them, and had seen them on multiple occasions. A large number of pornographic photos of the girls, sexual paraphernalia, and DVDs found in his possession were also used as evidence.
Unlike Jeffrey Epstein's case, the ages of the four girls were in dispute. Because Cambodia does not maintain birth records, and without witnesses, the victims ages were determined at trial through the use of expert witnesses viewing the photos taken by Frank. While the 11th Circuit does not specifically mention the theory the experts used to determine age, from what I remember from my brief exposure to the case was that the 'Tanner scale' was used, a measure used in such cases. As Wikipedia describes: "The Tanner scale (also known as the Tanner stages) is a scale of physical development in children, adolescents and adults. The scale defines physical measurements of development based on external primary and secondary sex characteristics."
One criticism of the Tanner scale is that the scale is unreliable for residents of third world countries because poor nutrition delays development. The Tanner scale is not 100% reliable and has been successfully disputed. Wikipedia links to one dramatic case where the alleged victim appeared, as reported in Radaronline: Adult Film Star Verifies Her Age, Saves Fan From 20 Years In Prison! (“Lupe walked into the courtroom and it was like a courtroom drama movie,” Assistant Public Defender Hector L. Ramos-Vega said.) The prosecution, in the Carlos Simon-Timmerman case above, proceeded based solely on possession of a purchased pornographic DVD. Obviously, while the Frank case was much stronger than that against Carlos Simon-Timmerman, it was far weaker than the reported case against Epstein, which was proceeding at about the same time. In Epstein's case there where 30-40 potential victims identified whose ages could be confirmed. Indeed, the Carlos Simon-Timmerman case alone — based on a single DVD — makes it clear Jeffrey Epstein received special treatment.
My interest in the Jeffrey Epstein case arose because I don't believe in the type of coincidences I saw:
As I previously posted, the accused chief intimidator of the underage Epstein victims, as identified by the Palm Beach Police Department, was a P.I. named William Riley. It turned out that Riley was also an officer of the local bankruptcy court, who was illegally appointed at a secret off-the-docket hearing that was concealed for many years. In addition, he and a host of other, still not fully identified characters, were afforded a strange and illegal status as a type of federal law enforcement official that permitted them access to protected law enforcement materials. Those materials, which included protected law enforcement tapes (protected under the "Wiretap Act" (Title 3)) were then illegally passed on to Bear Stearns senior managing directors.
A common denominator with Epstein, is the Bear Stearns Companies, Inc. The Bear Stearns Cayman Island Hedge Fund managers were being brought to trial at the time of the sweetheart deal with Jeffrey Epstein. There was no dispute about the critical information in Epstein's possession concerning the Bear Stearns hedge fund trial, particularly since key records were hidden in the Cayman Islands. Epstein's lawyers touted his importance to the Government's case against Bear Stearns as the reason for his special treatment. That treatment included almost daily — and hotly criticized — "furloughs" to his attorneys offices to "help" in the Bear Stearns prosecution. Bear Stearns had enormous incentive to shield Epstein from the threat of a long sentence.
Compare Epstein's case to that of Raj Rajaratnam, the now proceeding Wall Street insider trading case. In the Rajaratnam case, the government obtained pleas from numerous insider witnesses, who were facing long prison sentences, and thereby turned them into damning witnesses against Rajaratnam, as reported in the NY Times. In the Bear Stearns hedge fund trial, the main evidence was email — no insider witnesses were used. Yet, without sweetheart treatment, many witnesses could have been obtained — starting with Jeffrey Epstein and finishing with the senior managing directors of Bear Stearns who had orchestrated the theft of protected law enforcement tapes and other materials.
Bear Stearns was far more effective than Epstein in demonstrating its ability to receive sweetheart treatment — treatment that would also extend to Jeffrey Epstein. Incredibly, Bear Stearns had succeeded in placing Juval Aviv, a discredited self proclaimed Israeli assassin who had been prosecuted by the Government, in control of the local United States Attorney's Office to direct illegal communications surveillance (see earlier posts). Thereby, a flood of protected law enforcement material began secretly flowing to Bear Stearns senior managing directors. The fact that the identity of Bear Stearns, as the ultimate recipient of the materials was carefully concealed, did not excuse what occurred. In late 2004, after I obtained access to the sealed record, I informed the USAO of what I had learned. In 2006, I secured a confession to the crimes.
A key player is Florida local bankruptcy power broker Paul Singerman — himself "Teflon coated" in brushing off his involvement in and ownership of Gibraltar Private Bank & Trust, a Florida private bank found to be violating money laundering laws. Gibraltar was a key player in convicted Ponzi schemer Scott Rothstein's money laundering scheme.
In 2006, I laid out the clear evidence showing how the protected law enforcement materials were being stolen and passed to Bear Stearns. In response, Paul Singerman confessed to passing the law enforcement tapes and other materials to Bear Stearns. Indeed, in April 2006, he brazenly flaunted his activities by stating in a court filing: "according to Lawrence, one of the purposes of Title Ill is to prevent unlawful communications intercepts being used for "private financial gain." ... sharing the contents of the discovery obtained by court order with Lawrence's largest creditor— Bear Stearns & Co.— ... was entirely appropriate so that they could determine what, if anything, in the discovery obtained might be useful to them." See p3 here
Showing posts with label Bear Stearns. Show all posts
Showing posts with label Bear Stearns. Show all posts
Friday, April 8, 2011
Friday, March 25, 2011
What You Don't Know Will Hurt You -- What Really Occurred and the Effect of the Longest Running Civil Contempt Case in US Federal Court History
This blog is about the true, undisclosed history and the current state of the longest running civil contempt case in U.S. Federal Court history — now running over 11 years. It is far different from what has been publicly disclosed.
Some the events that occurred during an ongoing thirteen year scandal are presented in the following court documents:
U.S. Supreme Court Petition for Certiorari
Lawrence Appellee Brief #0710295 Eleventh Circuit Court of Appeal
Petition for Reconsideration/Rehearing Eleventh Circuit Court of Appeal
The above documents disclose just a small part of the extraordinary and bizarre events that took place. Much of the information previously published on this contempt case has been distorted and inaccurate because most of the actual events and procedural history have been left out or misrepresented. The events described on this site will all be fully documented with previously sealed or off-the-docket court papers, other documents, and hearing transcripts — many of which are from secret hearings that were concealed for many years.
For example, posted will be the details of the many, now known of, secret trial proceedings conducted in the local bankruptcy court — the total number remains undisclosed, but four hearings were discovered years later to have been transcribed and are posted; and how those hearings were so successfully hidden from myself, my attorneys, and all reviewing courts. Only the four known transcribed hearings were attended by the US Attorney's Office (USAO). Those four hearings — some of the strangest in Federal Court history — will be described in detail in later posts.
The posts on this site will fully document shocking events, none of which were ever publicized, including:
— how and why a self-proclaimed Israeli 'hit man' cum assassin, Juval Aviv, was secretly hired by Bear Stearns for the bankruptcy judge controlling my case — who solicited, indeed ordered, his hidden hiring; how Paul Singerman, of Berger Singerman, arranged that secret hiring; how that relationship and the Aviv's extensive illegal activities were concealed; how, using sham court papers, Aviv became an hidden officer of the bankruptcy court ... shortly after being prosecuted by the US Government; how a secret domestic/international plumbers/goon squad was created, operated, and its activities; how — in true Nixonian style — it was concealed for many years from myself, all reviewing courts, and the public.
— how Juval Aviv infiltrated and exercised direct control over the local US Attorney's office; how Bear Stearns' senior management and Paul Singerman, of Berger Singerman, admittedly used Aviv and others to secretly, illegally pass extensive amounts of protected law enforcement material for years to Bear Stearns for their private use.
— the bizarre methods used to trick the US Attorney's Office into taking orders from Juval Aviv, which included extensive illegal wiretapping of myself, my attorneys (including my appellate attorneys), my friends, my family, reporters, and others — including throughout appeals
— how the flood of stolen federal law enforcement materials were continually funneled to Bear Stearns Senior Managing Directors Daniel Taub and Mark Lehman while extensive Florida State Court and Federal Court litigation with Bear Stearns was continuing with myself and my family.
— the background of the 'officer of the court' Juval Aviv including: his prosecution by the US in New York just months before he began supervising the local USAO; his extensive reported relationships with mob connected and convicted Congressman James Traficant, Lyndon LaRouche, and an accused mysterious cult.
— of the bizarre, surprising connections with the Scott Rothstein bankruptcy, and with the Palm Beach Police Department's investigations and allegations against one of the many other secret "officers of the bankruptcy court" (who's existence and "officer of the court" status was also concealed for many years) for organized intimidation of the child victims of convicted pedophile and billionaire former Bear Stearns insider, Jeffrey Epstein.
— how a five million dollar gravy-train of fees, paid to Berger Singerman and others, was fueled by fraud, hoaxes and the secret hearings, in a Ponzi like manner. How the US taxpayer eventually paid those fees as part of the 30 billion dollar bill when Bear Stearns went belly-up because of the collapse of their Cayman Islands CMO hedge funds. How a worthless bankruptcy estate was used for what most citizens would consider to be the money laundering of many millions in payments for bribes, obstruction of justice, fraud, theft of protected government law enforcement material, illegal wiretapping and other serious federal and state crimes.
— why millions in payments were excluded from sham, unsigned, unverified official bankruptcy estate accounting statements filed every year — yes ... Lewis Freeman and Marika Tolz were not alone; why the bills of secret 'officers of the court', including those of Juval Aviv, were never filed, served on the U.S. Trustee's Office or the USAO. Why the bankruptcy estate's accountant stopped working for the estate just weeks after his hiring and produced no known reports. Why Paul Singerman and James Fierberg made sure no other accountant reviewed or prepared the bankruptcy estate's books and sham accounting statements.
— of the extensive, still undisclosed secret British Court and other foreign litigation. And why that litigation was concealed ... and still remains concealed.
More information will be provided about how Berger Singerman engineered a fictitious money judgment out of thin air — to benefit Bear Stearns (see the above filings for some details). How the money "judgment" was written as a single line at the end of a September 1998 discovery sanction order that came from one discovery hearing in a bankruptcy discharge proceeding — an event that is supposed to be completely impossible (and illegal), by law. How "execution" on the non-existent judgment, resulted in an illegal imprisonment for over six years, and a continually mounting 'fine' now totaling over $40,000,000 to enforce the "judgment" that never existed.
Other disclosures will be the details of what really transpired during and after the crash of 1987 and how those events were the precursors to the ongoing financial collapse of our economy, including:
— how Bear Stearns embezzled 10's of millions of dollars from my companies and other clients, in a Bernie Madoff type manner, by using backdated fictitious trades during the 1987 crash.
— how the Options Clearing Corp. and the Chicago Board Options Exchange, in written admissions, stated those trades never occurred, yet, along with the SEC, never stopped Bear Stearns. How similar, ever escalating frauds by Bear Stearns continued until the current collapse.
— how Bernie Madoff's decades long protection extended, on a much larger scale, to Bear Stearns.
— what really transpired at the arbitration at the NASD (Bernie Madoff was the NASD Chairman of the Board) that created a never explained judgment for backdated fictitious 'trades.' Including, why the former Chairman of the Chicago Board Options Exchange was prohibited from testifying — he was ejected from the arbitration when he appeared for testimony and it was disclosed he would testify that Bear Stearns was criminally liable. Why the arbitration panel refused to explain its award to Bear Stearns for the backdated, non-existing trades.
— how Bear Stearns' 1987 pricing embezzlement repeated and grew in size ... culminating in the largest Ponzi scheme in US history: the 2008, 30 billion dollar scam where the U.S. Government bailed out Bear Stearns insiders. Remember the Government's 30 billion 'non-recourse' loans for then known to be virtually worthless CMOs Bear Stearns had parked in their Cayman Islands Hedge Funds? Of course, Bear Stearns was a principal creator of those very same CMOs that inflicted such devastating damage to our economy — but created the billions in profits and bonuses Bear Stearns insiders pocketed.
— and much more
Some the events that occurred during an ongoing thirteen year scandal are presented in the following court documents:
U.S. Supreme Court Petition for Certiorari
Lawrence Appellee Brief #0710295 Eleventh Circuit Court of Appeal
Petition for Reconsideration/Rehearing Eleventh Circuit Court of Appeal
The above documents disclose just a small part of the extraordinary and bizarre events that took place. Much of the information previously published on this contempt case has been distorted and inaccurate because most of the actual events and procedural history have been left out or misrepresented. The events described on this site will all be fully documented with previously sealed or off-the-docket court papers, other documents, and hearing transcripts — many of which are from secret hearings that were concealed for many years.
For example, posted will be the details of the many, now known of, secret trial proceedings conducted in the local bankruptcy court — the total number remains undisclosed, but four hearings were discovered years later to have been transcribed and are posted; and how those hearings were so successfully hidden from myself, my attorneys, and all reviewing courts. Only the four known transcribed hearings were attended by the US Attorney's Office (USAO). Those four hearings — some of the strangest in Federal Court history — will be described in detail in later posts.
The posts on this site will fully document shocking events, none of which were ever publicized, including:
— how and why a self-proclaimed Israeli 'hit man' cum assassin, Juval Aviv, was secretly hired by Bear Stearns for the bankruptcy judge controlling my case — who solicited, indeed ordered, his hidden hiring; how Paul Singerman, of Berger Singerman, arranged that secret hiring; how that relationship and the Aviv's extensive illegal activities were concealed; how, using sham court papers, Aviv became an hidden officer of the bankruptcy court ... shortly after being prosecuted by the US Government; how a secret domestic/international plumbers/goon squad was created, operated, and its activities; how — in true Nixonian style — it was concealed for many years from myself, all reviewing courts, and the public.
— how Juval Aviv infiltrated and exercised direct control over the local US Attorney's office; how Bear Stearns' senior management and Paul Singerman, of Berger Singerman, admittedly used Aviv and others to secretly, illegally pass extensive amounts of protected law enforcement material for years to Bear Stearns for their private use.
— the bizarre methods used to trick the US Attorney's Office into taking orders from Juval Aviv, which included extensive illegal wiretapping of myself, my attorneys (including my appellate attorneys), my friends, my family, reporters, and others — including throughout appeals
— how the flood of stolen federal law enforcement materials were continually funneled to Bear Stearns Senior Managing Directors Daniel Taub and Mark Lehman while extensive Florida State Court and Federal Court litigation with Bear Stearns was continuing with myself and my family.
— the background of the 'officer of the court' Juval Aviv including: his prosecution by the US in New York just months before he began supervising the local USAO; his extensive reported relationships with mob connected and convicted Congressman James Traficant, Lyndon LaRouche, and an accused mysterious cult.
— of the bizarre, surprising connections with the Scott Rothstein bankruptcy, and with the Palm Beach Police Department's investigations and allegations against one of the many other secret "officers of the bankruptcy court" (who's existence and "officer of the court" status was also concealed for many years) for organized intimidation of the child victims of convicted pedophile and billionaire former Bear Stearns insider, Jeffrey Epstein.
— how a five million dollar gravy-train of fees, paid to Berger Singerman and others, was fueled by fraud, hoaxes and the secret hearings, in a Ponzi like manner. How the US taxpayer eventually paid those fees as part of the 30 billion dollar bill when Bear Stearns went belly-up because of the collapse of their Cayman Islands CMO hedge funds. How a worthless bankruptcy estate was used for what most citizens would consider to be the money laundering of many millions in payments for bribes, obstruction of justice, fraud, theft of protected government law enforcement material, illegal wiretapping and other serious federal and state crimes.
— why millions in payments were excluded from sham, unsigned, unverified official bankruptcy estate accounting statements filed every year — yes ... Lewis Freeman and Marika Tolz were not alone; why the bills of secret 'officers of the court', including those of Juval Aviv, were never filed, served on the U.S. Trustee's Office or the USAO. Why the bankruptcy estate's accountant stopped working for the estate just weeks after his hiring and produced no known reports. Why Paul Singerman and James Fierberg made sure no other accountant reviewed or prepared the bankruptcy estate's books and sham accounting statements.
— of the extensive, still undisclosed secret British Court and other foreign litigation. And why that litigation was concealed ... and still remains concealed.
More information will be provided about how Berger Singerman engineered a fictitious money judgment out of thin air — to benefit Bear Stearns (see the above filings for some details). How the money "judgment" was written as a single line at the end of a September 1998 discovery sanction order that came from one discovery hearing in a bankruptcy discharge proceeding — an event that is supposed to be completely impossible (and illegal), by law. How "execution" on the non-existent judgment, resulted in an illegal imprisonment for over six years, and a continually mounting 'fine' now totaling over $40,000,000 to enforce the "judgment" that never existed.
Other disclosures will be the details of what really transpired during and after the crash of 1987 and how those events were the precursors to the ongoing financial collapse of our economy, including:
— how Bear Stearns embezzled 10's of millions of dollars from my companies and other clients, in a Bernie Madoff type manner, by using backdated fictitious trades during the 1987 crash.
— how the Options Clearing Corp. and the Chicago Board Options Exchange, in written admissions, stated those trades never occurred, yet, along with the SEC, never stopped Bear Stearns. How similar, ever escalating frauds by Bear Stearns continued until the current collapse.
— how Bernie Madoff's decades long protection extended, on a much larger scale, to Bear Stearns.
— what really transpired at the arbitration at the NASD (Bernie Madoff was the NASD Chairman of the Board) that created a never explained judgment for backdated fictitious 'trades.' Including, why the former Chairman of the Chicago Board Options Exchange was prohibited from testifying — he was ejected from the arbitration when he appeared for testimony and it was disclosed he would testify that Bear Stearns was criminally liable. Why the arbitration panel refused to explain its award to Bear Stearns for the backdated, non-existing trades.
— how Bear Stearns' 1987 pricing embezzlement repeated and grew in size ... culminating in the largest Ponzi scheme in US history: the 2008, 30 billion dollar scam where the U.S. Government bailed out Bear Stearns insiders. Remember the Government's 30 billion 'non-recourse' loans for then known to be virtually worthless CMOs Bear Stearns had parked in their Cayman Islands Hedge Funds? Of course, Bear Stearns was a principal creator of those very same CMOs that inflicted such devastating damage to our economy — but created the billions in profits and bonuses Bear Stearns insiders pocketed.
— and much more
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