How bear stearns and bankruptcy insiders laundered millions

8/7/2019 How bear stearns and bankruptcy insiders laundered millions

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l Contempt Blog: How Bear Stearns and Bankruptcy Insiders Laundered Millions ... Without Funds Ever Touching the Bankruptcy Estate

/acivilcontemptblog.blogspot.com/2011/04/how-bear-stearns-and-bankruptcy.html[3/1/2012 8:39:04 PM]

This blog will describe the unknown and unpublicized true story and bizarre circumstances surrounding

the longest, still ongoing, civil contempt sanction in U.S. Federal Court history now lasting over 11

years, including an imprisonment of over 6 years.

A Civil Contempt Blog

WEDNESDAY, APRIL 20, 2011

How Bear Stearns and Bankruptc y Ins iders

Laundered Mi l l ions . .. Wi thout Funds Ever Touc hing

the Bank rup tcy Es ta te

In my earlier posts (with more to follow), I began to show how Bear Stearns, using various

bankruptcy insiders and a local bankruptcy court, had installed a self-proclaimed Israeli

"assassin" cum secret agent, Juval Aviv(who had been previously indicted and prosecuted by

the US Government), to "supervise" the local US Attorney's Office in extensive illegal, secret

wiretapping of myself, my attorneys, my friends, my family and reporters I communicated with.

In 2006, I obtained the confession by Paul S. Singerman, of Berger Singerman, that protected

law enforcement materials, including the results of the wiretapping, were then secretly funneled

to Bear Stearns for their own private use. Bear Stearns was involved in extensive civil litigation

in Florida state and federal courts with myself and my family. Anthony Pe l icano the

in famous Ho l lywood P. I . who , s im i la r ly , was conduct ing w i re tapp ing to ge t

in fo rmat ion fo r c iv i l cou r t cases rece ived 15 years in federa l p r ison fo r t hese

very ac t ions.

The communications surveillance occurred throughout pending appeals in federal court and

ongoing proceedings in Florida state court. I t w as done w i thou t no t ice e i the r be fo re ,

du r ing and a f te r the (s t i l l ongo ing?) su rve i l lance to m yse l f , my a t t o rneys, a l l

re v ie w in g c o u rt s , a n d th e ma n y o th e r v i c t ims . This was completely hidden until late

2004, when the district court ordered the bankruptcy court to disgorge its extensive sealed and

off-the-docket court record. Some of that record still remains concealed, despite the order.

To pay Berger Singerman and the extensive crew of secret "officers of the court" (complete with

a "black bag" crew) who were ostensibly retained by trustee Alan Goldberg a scheme was

orchestrated: Bear Stearns would pay the millions in fees, using a phantom "loan." In that way,

Bear Stearns superficially protected itself and its agents from investigations into illegal activities,

under the rubric of being "officers of the court."

The phan tom " loan" funds never passed th rough any bankrup tc y es ta t e

a cco u n ts o r w e re re f l ec te d o n a n y e s ta te f i n a n c ial s ta te me n ts .

Since Bear Stearns paid the secret officers of the court directly, there were no traces in the

bankruptcy court record (sealed or public) of their fee payment applications or fee approval

orders. Also, the US Trustee was never served with any retention documents for the secret

hirees and the key billing records of secret hirees still remain hidden, including those of Juval

Aviv and P.I. William Riley.

Even the disclosed billing statements for the "public" hirees, e.g., Berger Singerman attorneys

and attorney Michael Budwick, contain no reference to what took place during the secret

hearings, or in England. Those statements never disclosed that fees were billed for illegally

passing law enforcement tapes and other protected law enforcement materials to Bear Stearns

senior managing directors, Mark Lehman and Daniel Taub.

Two of the key documents evidencing this scheme are: 1) the unsigned accounting statement for

SEARCH THIS BLOG

Stephan J . Lawrence

I am an M.I.T. graduate and was

originally a financial analyst for

several major brokerages and

private investment firms. I

established a very successful

trading company that collapsed in

the October 1987 crash after

Bear Stearns successfully

embezzled 10's of millions of

dollars from my companies using

backdated fictitious trades that

the Chicago Board Options

Exchange and the Options

Clearing Corp. eventually

admitted never occurred.

View my complete profile

ABOUT ME

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the bankruptcy estate filed yearly, and 2) the sham "loan" agreement:

This is one of the sham "Independent Estate Property Record and Report" accounting statements

that was filed yearly:

Sham bankruptcy estate balance sheet filed by Paul Singerman of Berger Singerman forAlan Goldberg in October 2009.

of 20Fullscreen

Never, during a long career as an financial analyst on wall street, have I seen a filing more

fraudulent than the above filing. Some reasons for this conclusion are:

There is no signature or other identification of who actually prepared the accounting report.

The only accountant the estate had, was employed for only a few days, early in the bankruptcycase. The accounting firm then immediately left the case ... without issuing any reports. No

explanation was given for its removal.

There is no entry for any part of the sham "loan" purportedly made by Bear Stearns to the

estate to pay fees and expenses ... which totaled about $5 million dollars. The statement is a

clear admission that no debt was ever owed to Bear Stearns showing the "loan" agreement

was a sham.

The estate is valued at $20 million dollars. However, it provides no explanation how that value

was arrived at. This is a fraudulent valuation since the estate had no asset value for several

reasons:

First, Federal District Judge Lawrence King, during earlier litigation with Bear Stearns, ruled in

1996 that the trust had to be directly sued under Federal and Florida law. After that order was

issued, Bear Stearns impleaded the trust as a defendant in 1997. So, Florida law was already

being applied to the trust and that law required the trust be sued directly. Judge Herbert Stettin

(the trustee of the Scott Rothstein bankruptcy estate) represented the trust in federal court.

Because the bankruptcy trustee, Alan Goldberg, refused to sue the trust, the estate's only asset

was a worthless claim.

What had occurred in the bankruptcy was that a single line "finding" of estate property was

inserted at the end of a discovery sanction order (written entirely by Berger Singerman) that was

issued in a bankruptcy discharge objection proceeding held under 11 U.S.C. 727. Liability in a

discharge objection proceeding is legally impossible because the only matter at stake in such

proceeding is the denial of a bankruptcy discharge.
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In addition, during the secret bankruptcy hearings, Berger Singerman disclosed that Goldberg

was suing, in England, the same trustees who were already represented by Judge Stettin in

federal court before Judge King. This confirmed that the only estate "asset" was a claim of

indeterminate value in England since Goldberg refused to sue in the U.S.

The hidden bankruptcy court transcripts further disclosed that Goldberg was seeking a Mareva

Injuctionin the England litigation. An English Mareva Injunction is a pre-judgment injunction

issued while a claim is litigated. A few months earlier, the U.S. Supreme Court, in Grupo

Mexicano de Desarrollo, SA v. Alliance Bond Fund, Inc., 527 US 308 (1999) , had ruled that

Mareva Injunctions (pre-judgment injunctions) were not permitted in U.S. Courts. Berger

Singerman, thereby, secretly admitted that all they had was a claim and not a judgment againsteither myself or the trust.

Goldberg lost his ligation in England, so the value of his "asset" ... was zero. This confirmed that

I was in prison to pay a judgment debt that never existed; and that Berger Singerman withheld

critical information from myself, my attorneys, and reviewing courts throughout my appeals.

This is the phantom loan agreement between Goldberg and Bear Stearns, dated mid June 1998:

the still-used sham 1998 Bear Stearns-Goldberg finance agreement

of 14Fullscreen

One reason the $5 million in payments made by Bear Stearns were not listed on the bankruptcy
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estate accounting report is that even such a debt could give rise to criminal charges as

fraudulent fee claims against the bankruptcy estate, for the theft of law enforcement materials.

Moreover, since none of the secret officers of the court submitted bills for approval, no orders for

submitted bills were issued, and no service was made on the U.S. Trustee's Office (required by

law to review all bills), the Bear Stearns fee payments were not an estate debt.

Also, even though the loan agreement claims it was reached in mid June, Bear Stearns had

already secretly funneled funds to Goldberg's ostensible professionals before that date. See this

post.

The "professionals," who received fee payments from Bear Stearns, fall into two categories. First

were Goldberg's publicly disclosed professionals, e.g., Berger Singerman attorneys, attorney

Michael Budwick.

Mr. Budwick, co-counsel with Berger Singerman, has stated in court filings that he never knew of

the secret hearings or the communications surveillance.

The second group were those "professionals," who were ostensibly hired by Goldberg under

"seal." This second group included Juval Aviv,P.I. William Riley, Coudert Brothers, and others.

The latter (secretly hired) group all had backdated (nunc pro tunc) individual "sealed"
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Posted by Stephan J. Lawrence at 12:37 PM

Labels: bankruptcy, bankruptcy fraud,Berger Singerman,DOJ, Gibraltar Bank, Gibraltar Private Bank, Paul

Singerman,Rothstein bankruptcy, Scott Rothstein, TD Bank, U.S. Attorneys' Office

applications filed, and at the related "retention" hearings still undisclosed "results" were reported

without the presence of a court reporter.

None of these sealed retentions were lawful because: none of the applications were served on

the U.S. Trustee's Office, so they could not be reviewed, as required by law; none of the secret

hirees filed their bills, even under seal, (the single exception being Coudert Brothers, which filed

bills years later but Coudert didn't seek approval for payments to it by Bear Stearns and its

bills listed Bear Stearns as its client); none of the secret hirees sought or received approval for

bill payments. These missing prerequisites to legitimacy invalidated employment by Goldberg and

instead the group was employed by Bear Stearns, which paid them.

The "public" group never submitted or released bills that described their actions taken "underseal," even after the record was unsealed.

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How bear stearns and bankruptcy insiders laundered millions

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