Showing posts with label illegal wiretapping. Show all posts
Showing posts with label illegal wiretapping. Show all posts

Friday, April 8, 2011

A Tale Of Two Pedophiles — A New Explanation For Jeffrey Epstein's Sweetheart Treatment

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

Tuesday, April 5, 2011

Pedophile Jeffrey Epstein's Accused Intimidator Was Also A G-Man; And About What Happened To The 'Pesky' FBI Agents

We all know that designated federal law enforcement agents — the FBI, US Attorneys, DOJ employees, etc. — are carefully trained (Quantico is world famous), vetted, identified and under constant scrutiny to uphold the highest standards. Don't we?

Not really ... there is a back door ... a back door so wide that federal law enforcement "badges" were, PEZ mint like , dispensed willy nilly, in secret, to unidentified federal indictees, con artists, and the like.

Any corrupt company or individual can use this back door ... as long as they have: a very fat wallet (a few spare million to begin); enormous insider clout (Bear Stearns of Cayman Islands CMO hedge fund scam/fame); and a very special and politically powerful "insider" man to make it all happen (Paul Singerman, of Berger Singerman P.A., of Gibraltar Private Bank & Trust
money laundering fame).

My last post showed how accused chief Jeffrey Epstein intimidator, P.I. William Riley, had become a secret, protected "officer of the bankruptcy court." However, that was just the beginning. He also became a federal law enforcement agent.

In late 2005, over a year after the district court ordered the bankruptcy court to disgorge the secret bankruptcy record and after repeated denials, the court reporter "found" transcripts of four of the secret hearings held 5 years earlier. 


The secret hearings and filings exposed a bizarre amalgam of wiretap and trial hearings. No bankruptcy court has ever been publicly known to conduct a wiretap hearing or issue communications surveillance orders. All communications surveillance is controlled by the Wiretap Act ("Title 3"), a criminal statute. The Government clearly and repeatedly stated this fact throughout the hearings. Through those hearings, P.I. Riley and others became "federal law enforcement agents."

In addition, the hearings were part of a secret trial in which unidentified "confidential agents" testified against me ... not in person, but through the mouths of Berger Singerman attorney James Fierberg (the sworn secret witness against me in the off-the-docket hearing described in my last post) and the self-proclaimed Israeli "hit-man," Juval Aviv ( who I never knew existed until years after he secretly testified against me). Mr. Aviv testified "over the phone," in this "anything goes" secret trial — without being sworn in. He testified, HUAC style, that he had in his hands my secret bank accounts! Every attempt I later made, to obtain the papers, that Mr. Aviv had so effectively waved "over the phone," was met with complete, stonewalled silence. Those obviously fictitious papers were never placed in the sealed record.


Some Background:
 

The wiretaps came about shortly after I was imprisoned at the FDC Miami for civil contempt. The basis for my long imprisonment has always been euphemistically based on "a finding of the bankruptcy court" — a carefully cultivated phrase designed to give the false impression that there was an actual judgment for liability for a completely lawful and disclosed 1991 trust settlement. In reality, the "finding" was a single sentence tacked to the end of a discovery sanction order in a bankruptcy discharge proceeding. It never could, under any known law, be considered a basis for liability to a bankruptcy trustee for a legal transfer made 7 years earlier (see US Supreme Court Petition for Writ of Certiorari). I never had even the remotest inkling or warning that I could suffer such liability from a discovery hearing in a discharge proceeding.

The "finding" order resulted from one of the most abusive hearings ever conducted in a U.S. courtroom (the complete details, with transcript, will be fully laid out in a further post). Unsurprisingly, the sanction order was entirely written by Paul Singerman, James Fierberg et.al.. At the discovery hearing, held on no notice, all of my witnesses were ejected from the hearing, including Judge Herbert Stettin (the trustee in the Scott Rothstein bankruptcy) who was the Trust's attorney in the long pending Bear Stearns federal lawsuit that began in 1993. I was completely prohibited from introducing any evidence or witnesses. Thereby, Berger Singerman's "factual findings" in the order were the opposite of actual evidence and, in critical instances, completely fabricated — including the totally bizarre "finding" that I had concealed the existence of the Trust.

In mid 1993, years before my bankruptcy case and only weeks after a Bear Stearns judgment first became final, Bear Stearns named the 1991 Lawrence Family Trust in Federal Court when it began execution on their judgment. In that lawsuit, critically,
Federal District Court Judge Lawrence King ruled that under Federal and Florida law, the Trust must be sued to affect its assets. Bear Stearns then impleaded the Trust, which was represented by Judge Herbert Stettin. A simple examination of  Judge King's order (including its very existence) explains why the source of the bankruptcy "finding" has been so carefully and continuously obscured ... the Trust was already in federal court and all Berger Singerman had to do was enter the case or sue — if they really had a case. The federal court case against the Trust was so weak that it was eventually closed for lack of prosecution.

THE ILLEGAL WIRETAPPING, NEW G-MEN, AND INFILTRATION OF THE UNITED STATES ATTORNEY'S OFFICE:

The roadblocks, to Berger Singerman (and Bear Stearns indirectly) obtaining the wiretaps and other protected law enforcement materials, were unsurmountable. Just one of those requirements was that access to the material was limited to law enforcement officers and certain Department of Justice employees. Alan Goldberg, the bankruptcy trustee, is a private trustee and is not considered a law enforcement officer or a part of the DOJ. The Government made that very point at the secret hearings.

Moreover, the Government repeatedly stated that: providing tapes of my recorded phone calls and law enforcement records to Goldberg violated multiple laws and regulations, including the Wiretap Act ("Title 3"), privacy laws and related regulations; that the phone tapes were recorded only for legitimate Federal Bureau of Prisons (FBOP) security concerns and were only accessible to designated law enforcement personnel; and that the bankruptcy court had no authority to issue rulings on communications surveillance matters:

"MR. DEAGUIAR (Attorney for FBOP): ... Your Honor, the Government feels that compliance with the Trustee's request would violate both the Privacy Act found at 18 USC 552 (a), I have copies of that statute as well if you would like, Title 5, and also Title 3 of the Omnibus Crime Control and Safe Streets Act of 1968 found at 18 USC Sections 2510 through 2522, and I have copies of pertinent sections with me as well." Page 7 here.

THOSE PESKY FBI AGENTS:

Mr. Fierberg bitterly and successfully complained that FBI agents had to screen the tapes: "I have been advised this morning that it is, unfortunately, the law enforcement officers themselves, the F.B.I. agents, or whoever, come in and sit down and go through the tapes" (Page 10 here) — Mr. Fierberg was clearly looking ahead. So the pipeline of tapes torrentially flowed directly to Berger Singerman, Juval Aviv, the other unidentified agents (which would include Jeffrey Epstein's P.I., William Riley) ... some of whom then funneled the contents to Bear Stearns senior managing directors Daniel Taub, Mark Lehman, and others. 


The pesky FBI — who might ask embarrassing and serious questions about who was actually getting the tapes and how — had been surgically removed from the loop. The Government, without control, ended up conducting illegal wiretapping for Bear Stearns while they were involved in extensive Florida state and Federal court civil litigation against myself and my family.
And, to boot, Juval Aviv, who the Government had earlier prosecuted, was given control over the USAO and FBOP in directing the wiretapping and obtaining of other, still unidentified, protected law enforcement materials!

Moreover, by removing trained law enforcement officers as screeners for the tapes, Mr. Fierberg, Juval Aviv, Paul Singerman, and unknown others collectively became the tape "translators" at the secret hearings. Nobody could verify if they were lying. During the hearings, Mr. Fierberg and Aviv freely, without question, insinuated "discoveries" in the tapes that, according to them, were essential in British and other foreign litigation. Of course, they always needed more (for "European litigation" of course) — even though my attorneys and myself were constantly discussing strategy over the phone for my contempt appeal then in the Eleventh Circuit (with oral argument coming up), my failed habeas corpus attempt (it was ruled I had no right to present a habeas claim!), and the extensive Florida State Court civil litigation with Bear Stearns and Berger Singerman. This was pure hoax. None of the tapes were ever filed or sealed — just one of the many ignored requirements of the Wiretap Act (Title 3).  It is no wonder that Berger Singerman didn't want proper law enforcement officers screening the tapes — and questioning why the tapes were going to Berger Singerman, in a civil case ... who then funneled the tapes, their contents, and other protected law enforcement materials to Bear Stearns. Anthony Pelicano, the infamous Hollywood P.I. who was conducting wiretapping to get information for civil court cases, received 15 years in federal prison for these very actions.

Years later, after I finally learned of some of the foreign litigation (to be related about in a further post) I could not find a single direct or indirect reference to the tapes. When I raised the matter, Berger Singerman admitted the tapes were never used in British or other foreign litigation — confirming that Bear Stearns was always the intended recipient of the stolen tapes. To this day, I have been stonewalled in every attempt to obtain the British Court records (which would confirm the tapes were never used in Europe and much more), my own phone tapes, or a list of the protected information about me (and everyone I communicated with) that was funneled to Bear Stearns. All I ever saw, in limited foreign court documents I had independently obtained, was a perjured affidavit by Juval Aviv in which he, again, falsely swore he had identified my (fictitious) secret bank accounts.

Two or more off-the-docket wiretap hearings were held, and at least one order was issued between the November 16 and December 5 secret hearings. On December 4, 2000 Paul Singerman filed a sealed motion. It was not served on the Government.

The same day the motion was filed, an off-the-docket hearing was held without a court reporter, as stated in the resulting sealed order from that motion.

However, Berger Singerman had made a colossal blunder when they filed the motion. They had foolishly tacked on to the end of the motion the very phone logs they claimed to be seeking at the hearing held the next day!

The next day, December 5, at the transcribed hearing for the bungled motion, a script was followed. Mr. Fierberg repeatedly stated he and his firm had not seen the very phone logs they tacked on to the motion being heard! The bankruptcy judge conducted the hearing as though Berger Singerman did not have those phone logs ... even though the motion, filed under seal, had those logs attached (docket entry #1074 Case No 97-14687-BKC-AJC). In late 2004, under order, Mr. Fierberg delivered to me an incomplete copy of the sealed record and for the motion — the incriminating phone logs had been ripped off.

On November 16, the Government had refused to turn over the phone logs and had provided a copy of the logs to the bankruptcy judge. There were only two ways Berger Singerman could have gotten those logs by December 4: 1) the bankruptcy judge gave them to Berger Singerman through an off-the-docket secret order issued between November 16 and December 4 (when the motion was filed with the logs), or 2) the Government delivered the logs under an off-the-docket sealed order. Either way, the logs were delivered and findings were made that addressed all objections raised by the Government.

A key objection raised by the Government, was a private bankruptcy trustee's status respecting the Department of Justice so that he and everyone associated with him could be considered a law enforcement official entitled to access to government tapes. The off-the-docket order had to resolve that issue in Berger Singerman's favor for Juval Aviv, alleged Epstein intimidator William Riley, and all other unnamed "investigators" to come under the umbrella of being government law enforcement officers entitled to access protected law enforcement tapes. So the "investigators" had all become secret government law enforcement officers and thereby entitled to the tapes.

Throughout the Jeffrey Epstein fiasco, everyone was aware of the importance of the Epstein - Bear Stearns connection to building a case against Bear Stearns insiders and the pending Bear Stearns Cayman Islands Hedge Fund trials. Epstein's constant "furloughs" to his attorney's office was supposed to be for that very purpose. Yet, publicly unknown and concealed, were the events that allowed Bear Stearns the extraordinary special treatment of taking control of the USAO and FBOP, to illegally wiretap and steal protected law enforcement materials. This was at least as embarrassing as the reported threats made by Epstein's attorneys to the USAO lawyers and the simultaneous exposure of these events would have had heightened impact and further charges of sweetheart deals for anyone connected to Bear Stearns.

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