Region 3 Trustee Resigns and FBI raids OSC home & office

One can only cover up criminal malfeasance for as long as one is assurred of impunity in doing so.  As the power centers continue to shift, so does the inherent risk in making arbitrary & capricious rulings, contrary to the Law, for the benefit of conflict attorneys who are engaged in sophisticated, organized, criminal activity.

After we filed an Official 18 USC 3057(a) Complaint against the US Attorney in Delaware, for his “unidsclosed” connections to the MNAT law firm.  The CA US Attorney’s office has failed to respond to us.  The only noteworthy effort of the CA US Attorney was his walking into a weekly staff meeting, belittling his staff without warning as he disbanded the Public Corruption Unit.

While this case alone has many Public Corruption issues, Tom O’Brien, the US Attorney for CA found fault with his staff for not bringing in better numbers. While it is also generally known that it is the top of the office, that decides upon what cases are prosecuted, it is highly specious that O’Brien’s excuse for the dismantling of the unit was to make the Dept of Justice more efficient.

Especially when O’Brien felt it necessary to threaten his career associates with retaliation if they spoke to the press.  (please see L A Times story “Shake-up roils federal prosecutors  here )

We immediately informed many persons, Senators, Congressman, AUSA’s and more, about this inexplicable turn of events. Resulting in Senator Feinstein sending a letter to Mukasey asking him to explain the dismantling of the Public Corruption Unit.

The FBI then contacted us (Hallejulah)

We spoke to Special Agents both East and West Coast, who spent considerable time trying to understand how it could get so far out of hand. 

Then, the tell tale sign of something big was going to happen occurred.

The Region 3 Trustee, Kelly B Stapleton Resigned.

Her replacement is just as big a story, as Roberta DeAngelis, the General Counsel for the US Trustee’s then takes over the Region 3 office , AGAIN

This was followed up by the FBI raiding the OSC’s home and office in Washington DC,

for

Destruction of Whistle blower files against the Governement.

You can see the Online affidavit at http://fraud-corruption-mnat.townhall.com/default.aspx

 

Haas allegations against DOJ cover up of $300 million Fraud and Perjury is done Under Penalty of Perjury

I, Steven Haas, (a/k/a Laser Haas) (HAAS) does state, this 10th day of April 2008, Under Penalty of Perjury that rogue personnel at the Dept of Justice are engaged in treasonous acts to their Oath of Office and Fiduciary Duty to the Public and the Courts.

You can see additional information at Townhall BLog  HERE

You can also see the Wall Street Journal Story on the bribery, slap on the wrist, Cover up

at www.wjfa.net/bk/etoys.html or www.bankruptcymisconduct.com as well as a Federal Judge who called the US Trustee program a pack of dogs as a US Attorney for the US Trustee’s program said Director White and former Diretor Friedman have done little to promote the Integrity of the US Trustee program (please see Fraud on the Court copy of Judge A J Cristol HERE and additional Congressional items for the hearing on Judicial Ethics reform HERE )

Director Lawrence Friedman of the DOJ EOUST office in Washington DC receives all proofs of fraud, removes the Region 3 Trustee DeAngelis and then, after Asst US Trustee Frank Perch Motions to Disgorge TBF law firm with slap on wrist, another $100 million in fraud is discovered and Director Friedman resigns and becomes big wheel at Bear Sterns.

Attorney for US Trustee, Mark Kenney, gives TBF law firm implied blanket immunity for $300 million in fraud and 17 acts of confessed False affidavits. When the Perjury then continues, after purportedly being Deterred, with the other $100  million in fraud as TBF law firm is found to have been Revoked by the State of NY for several years. TBF disbands as Fox joins Olshan & Fromme, while Traub and gang join Dreier LLP as the fraud and Perjury continue.

Roberta DeAngelis is then, quietly, speciously, promoted to the post of Acting General Counsel of the DOJ US Trustee’s, in charge of her own cases and decisions of prosecutions or referral to US Attorney, where she Defends the US Trustee, being an appellee with the MNAT Law firm in appeals, such as 3rd Circuit 07-2360.

Judge Kent A Jordan hears all 4 Del Dist Ct appeals, Orders all attorneys to be present (instead of just local counsel), during Oct 2006 hearing as he Warns all counsels they are in deep pooh pooh, he is then Promoted to the 3rd Circuit Court of appeals.  When the case goes to the 3rd Circuit Court the Court says the Federal Rules of Appellate Procedures does not apply to this Delaware case.

The Corp Fraud Task Force refers the matter to the US Attorney in Delaware, however, Colm F Connolly, the Delaware US Attorney is found to have been partners with the MNAT law firm in 2001, when the fraud and perjury began.

The DOJ and US Trustee, Never Mentions any sanctions for the MNAT Law firm, even though MNAT confessed to more than 17 false affidavits also, like the TBF law firm.

Now Colm F Connolly is nominated to fill the Judge seat left vacant by Kent A Jordan.

So we report all of this to the US Attorney, Tom O’Brien in Central California and that results in Tom O’Brien shutting down a Task Force on Public Corruption (Probably the remaining files from the Debra Yang days) as the L A Times reports on how parties at the Central CA DOJ were threatened not to tell the press any other reason for the disbanding of the fraud and corruption Task force unit.

Bain benefits from the $300 million in fraud and perjury that MNAT and TBF have confessed occurred. But hey, they really didn’t mean to do it.

In the meantime TBF’s Susan Balaschak had HAAS’s own attorney, Henry Heiman email HAAS a threat that if he did not “back off” not only would HAAS and CLI not get paid per the Federal Judge’s signed contract, HAAS career would suffer and additional retaliations would occur.

So, when HAAS proves the other $100 million in fraud and perjury in the KB Toys case, the DOJ defends the fraud and perjury, has the Federal Court strike and expunge HAAS proof of perjury and fraud. (please see Mark Kenney motion to strike and expunge HERE ) (this is the fourth effort of Obstruction of Justice by Mark Kenney) As the Chief Justice MFW reassigns HAAS $3 million Senior Priority Court approved claim to visiting Judge R Baxter who reschedules the claim hearing, allows HAAS counsel to withdraw and refuses HAAS new CLI counsel from speaking on the very day the Delaware Bankruptcy Court tosses out HAAS’s claim hearing.

Now Judge MFW has given Barry Gold permission to Indemnify himself with HAAS’s money after the Judge MFW approved of Destruction of Books and records as the Court stated HAAS does not have any legal right (court’s permission) to bring the issue of fraud and perjury before the Court.

HAAS is threatened that people who chase ghosts become one as the eToys shareholder, Robert Alber is so harrassed to the point of Depression by Johann Hamerski, while MNAT secretly participates in personal and criminal actions brought upon Alber, by Johann Hamerski, who bragged of his connections to Abramoff as Alber stated that he was told by Hamerski, people like you who do not take bribes wake up dead.

It is only a matter of time before HAAS is “got” by the big machine, for they did destroy his career as the court allowed the conspirators to keep HAAS’s life savings of expenses he laid out for the Court approved work.

Robert Alber had brain surgery and is in a state of depression.

HAAS is wondering when it will be time to accept the premise of “the Law does not apply to HAAS” where the contrarian arguendo be that might makes right.

How far down can they kick this dog before he goes out fighting?

For Judge Mary F Walrath said on Feb 27, 2008, Mr. HAAS, I made my rulings and that is the way it is, tough if you are not satisfied with it. (please see 57 page Opinion that headed off HAAS appeal, where MFW says no perjury was documented (even though they have Confessed to filing multiple, intentionally false affidavits) as the Court goes on and on about the snow job of what ADA did and did not receive. ADA is the proof that the parties are connected, TBF Paul Traub confessed that he paid Barry Gold directly and then placed Barry Gold within eToys secretly while drafting a clandestine Hiring Letter that bribed Barry Gold to NOT seek the Court’s permission)( see OPINION here )

Where HAAS replied to the Court, your Honor, how can you say you are going by your Rulings when you Ruled that Clause 3.12 states that there can be No Transactions with Related Persons, as Barry Gold has admitted that he is the Paid Associate of the Credtiors Counsel while MNAT and TBF all have undisclosed connections to Bain that is documented in the KB Toys bankruptcy case. Would the Court please tell me [HAAS] who is in who’s pouch here?

The great Mary F Walrath said excuse me

(wish I could have seen her face)

as HAAS said

Let me be perfectly clear, Who is in whom’s pouch here”

as the Court then disconnected the Telephonic hearing

A Court deserves respect when it adhere’s to the Law, when the Court defends ORganized Crime with the assistance of Dept of Justice personnel who either stay and grant immunity, or tuck tale and get a cushy contract when they leave.

They only deserve then

WAR!

For they have made WAR on the Constitution.

There is no act that HAAS can committ, that is as heinous as the sedition to their Oath of office, when those paid by American’s to preserve and protect our laws, then engage in Anarchy and an Above the Law mentallity.

Somone has to shoot the wind out of their balloon.

May as well be me!

For it seems the virus of unwillingness to prosecute is now a nationwide affair, as HAAS gives a Citizens Complaint, to the US Attorney, Tom O’Brien in Central California ( see HERE ) as well as supplying it to Robert Mueller of the FBI, Judge Mukasey as new AG and the Office of Professional Responsibility only to see that US Attorney Tom O’Brien shuts down the Public Corruption Task Force as he states that such will make prosecutions of Public Fraud and Corruption more efficient while the L A Times did report that Tom O’Brien threatened his staff not to reveal any other reason for the disbanding of the fraud and corruption unit (please see HERE ).

At the same time the 3rd Circuit Court issues a per curiam Opinion that ignore the fact an Illegal judge issued a shot gun order to the eToys shareholder who was secretly harrassed by MNAT connected parties while Robert Alber was recovering from Brain Surgery as the 3rd Circuit actually, publicly issued and Opinion that States the Federal Rules of Appellate Procedure does not apply to Delaware District Court or Delaware Bankruptcy cases (you must see this for yourself HERE  page 7 thereof)

It is said you cannot fight City Hall.

How then, can one fight a corrupt Judge (several), a US Attorney who was a partner with the law firm that is quilty of perjury and fraud. The Circuit Court of appeals who promotes Judges who might make a ruling against the nefarious horde or a US Attorney who has the Attorney’ General’s blessing when he disbands the Public Corruption Fraud Task Force?

People say this is a David v Goliath battle,

Crap, if I had G-d, a sling shot and a giant that would stand in front of me, that would be a promotion.

I am a poor, wrong side of the tracks, peon, who is so unworthy of this battle, these guys do not even have to bother with shooting me or trumping up charges like they did with Alber.

I am the ant, that David stepped upon, when he looked for a rock in put in his sling and they are the Big Uncle Sam to the Giant that David did make stiff.  David had to become a King and have G-d protect him to go through life rewarded for his stance against the evil foe.

I have enough trouble paying for another hotel room each week, while my cars keep getting stolen at night.

Bus fare anyone?

This whole affair is funny, if you are watching me skirm!

Crimes Committed that DOJ refuses to prosecute

The Law firms of Morris Nichols Arsht & Tunnel (MNAT) and the now defunct law firm of Traub Bonacquist & Fox (TBF) have already confessed to supplying more than 34 false affidavits to the Federal Bankruptcy Court in Delaware.

MNAT has confessed that it neglected to disclose it represents Goldman Sachs in Delaware and TBF has confessed that it paid four (4) payments of $30,000 each to Barry Gold prior to placing Barry Gold within the eToys estate by false affidavits and a secret Hiring Letter that gave Barry Gold permission to Circumvent the Law and the Court. 

When Barry Gold was in danger because of his perjury acts he provided the Hiring Letter as his defense on January 25, 2005.

MNAT and TBF have confessed to drafting the Hiring Letter but state that it is no big deal as Barry Gold was not really required by law to apply to the Court.

MNAT also refuses to remember who drafted the Hiring Letter.

MNAT is either guilty of drafting an item for eToys (whom MNAT represents) where MNAT did not bill for the item or MNAT did bill for the item and has purged the Docket in some manner of the facts.

All those who believe that MNAT has forgotten who drafted a letter that gives willful permission for the new “wind-down coordinator” who joined eToys post petition, the right to Circumvent the Court and the Code by his own volition, Please raise your hand?

The Dept of Justice has joined in the Fraud and Perjury by giving Illegal immunity to TBF to circumvent Code 327(a) with the following obvious unlawful language

“WHEREAS the United States Trustee shall not seek to compel TBF to make additional disclosures“

There are more than 3 serious non-disclosure items that such a clause seeks to cover up.

1.   MNAT, TBF  and Barry Gold all have undisclosed conflicts of interest with Bain /KB

2.   MNAT, TBF and Barry Gold all negotiated the sale of eToys assets to Bain/KB for discounts in the tens of millions of dollars.

3.  TBF, Barry Gold and Xroads LLC all have undisclosed connections to Wells Fargo Foothill Capital $40 million dollar loan that transacted more than $100 million prior to eToys filing bankruptcy.

4.  eToys went Public in 1999 for $8 billion and was bankrupt by Dec 2000, where did the equity go and why did MNAT, TBF and the Dept of Justice allow the Court to approve the Order in a Bankruptcy Estate to Destroy Books n Records.

You can also read items at http://fraud-corruption-mnat.townhall.com/default.aspx

The US Attorney in Delaware, Colm F Connolly, that has thus far refused to prosecute the case is now nominated for a Judge and his resume reveals that he was a partner with the MNAT law firm in 2001, when the fraud and perjury began.

When we informed the US Attorney in California of this he shut down the Public Corruption Task Force saying it would be better for the Dept of Justice to re allocate that personnel.

At the same time the US Attorney Tom O’Brien threatened his subordinates that if they revealed the real reason he shut down the Task Force he would punish them.

http://www.latimes.com/news/local/la-me-shakeup20mar20,1,7868966.story

 

FBI begins investigation into eToys saga

When those that are paid to protect and serve, seek to abuse that esteemed position of power and trust for the benefit of cronies you have not a measure of law and civility, you have the recipe of disaster that begins as anarchy that ultimately has to foster deep civil unrest!

Hopefully anarchy will not find itself halted in its tracks due to the one entity that is questioned from time to time, but the American public still believes is true blue.

The FBI!

It is not in contention that false affidavits, by sophisticated bankruptcy counsels were supplied to the Federal Court.  For they have confessed to the fact.  Both the MNAT and TBF law firm have confessed to filing multiple false affidavits.

Upon the discovery of the fraud and perjury issues, Lawrence Friedman the Director of the US Trustee program in Washington DC did remove Roberta DeAngelis as Region 3 Trustee over Philadelphia and Delaware (please see the press release of Kelly B Stapleton here

What is neglected in the confessions to the multiple (and some admitted as intentionally left false) affidavits, is the documentation that they have admitted to more than 34 false affidavits.

Additionally, TBF and Barry Gold have confessed to drafting the egregious, Hiring Letter that gave Mr. Gold illegal authority to Circumvent the Code and the Court by his own volition. While MNAT states that they cannot remember who participated in the drafting of the letter at their firm.

Either MNAT did not draft the letter and has a fiduciary duty to its client (the eToys bankrupt estate) to report the item to the court.

OR

MNAT did participate in the drafting of the Hiring Letter and has to explain how in the world they did work for eToys that they did not bill for. For the very notion that they drafted the Hiring Letter and made the billable hour not appear is a criminal prima facie evidence of mens rea by an actus reus item.

More importantly, the Dept of Justice testified that the “parties” had discussions with the US Trustee’s office concerning replacing key personnel of the eToys Debtor and the US Trustee testified that the Trustee’s office warned the “parties” not to replace key personnel of the Debtor with anyone connected to the retained professionals of the case. As this would violate the “unambiguous” language of Bankr Code 327(a).

After the Dept of Justice testified about this item, the Dept of Justice attorney for the new Region 3 Trustee, specifically Mark Kenney, did sign a Stipulation to Settle that gave TBF law firm implied, blanket, Illegal, immunity with the following unlawful language;

“WHEREAS the United States Trustee shall not seek to compel TBF to make additional disclosures“.

This clause is illegal as the US Trustee’s office is the policing “watchdog” for the sake of public equity protection, as per the Janet Reno Reform Act of 1994 as well as the fact that the whole design of the US Trustee program, as part of the Dept of Justice, is noticed upon every single press release of the US Trustee program, that states the following;

“The United States Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws“

Yet, somehow, for an inexplicable reason, the Dept of Justice is utilizing the US Trustee program to give implied, blanket, immunity to Organized Criminal activity that is not in contention.  The parties have confessed to their acts that disregarded the US Trustee warning. 

Barry Gold submitted the Hiring Letter that was never revealed nearly 4 years after the date it was purportedly signed. Being supplied, in what has to be one of the great attorney slip up’s of this case, as a defense exhibit by Barry Gold himself. 

The Hiring Letter documents willful intent to circumvent the Court and the Code by a collaborative effort. Being provided by Barry Gold himself, it is irrefutable.

Combined with the fact that Barry Gold testified, on the stand, that he was not connected to TBF, while both TBF and MNAT have confessed that they filed multiple false affidavits, where the Hiring Letter now demonstrates motive and purpose.  One has to ask what is the motivation and reasoning for the Dept of Justice to breach its fiduciary duty.

Cui Bono?

The fact remains, even if the US Trustee states it will deliberately fail to perform its fiduciary duty, is no justification for the Court to jump on the band wagon of lawlessness and agree that such “breaking of the law” is O K.

Doing so is an act of sedition to ones Oath of Office and grounds for impeachment.

Additional reasons why the Dept of Justice is seeking to Cover Up the whole affair, may be due to the more recent discovery that the US Attorney in Delaware, Colm F Connolly was a partner with the MNAT law firm in 2001.

At the barest of minimums, Colm Connolly’s office is guilty of conflict of interest, protocol violations, ethics violations and Model Rule of Conduct violations for not referring the matter to an independent prosecutor or the Public Integrity Section.

Combined with the fact that the US Trustee disgorge motion only mentions the TBF law firm, even though the MNAT law firm confessed to filing multiple false affidavits also and had to participate in either covering up the Hiring Letter or fostering the scheme to defraud the court.

Made more morose by the fact that the Dept of Justice attorney, Mark Kenney, also does not mention MNAT issues when it seeks to give implied, blanket, Illegal, immunity to TBF.

An immunity issue that has apparently become wholesale and adopted by all as we have now also discovered that one of the items the “not seek to compel” clause desires to cover up is the fact that TBF, MNAT and Barry Gold all have undisclosed connections to Bain.

MNAT, TBF and Barry Gold all negotiated the sale of eToys assets to Bain/ KB for discounts in the tens of millions of dollars, while not only remaining undisclosed about their connections to Bain and KB, they also now have confessed to filing more than 34 false affidavits stating they had no conflict of interest issues.

MNAT is now also discovered to have been working with Mattel , Learning Co merger (also a Bain party connection) and being less than candid about the Learning Co issue, MNAT convienently neglected to disclose the issue that the Learning Company merged with Mattel as doing so would have automatically disqualified MNAT representation of eToys Debtor.

Now we have the Dept of Justice breaching their fiduciary duty so maliciously that the US Trustee program, with the General Counsel from Washington DC is acting as an appellee, defending Barry Gold, TBF and MNAT in the 3rd Circuit appeal case 07-2360.

By the way, the Acting General Counsel for the Dept of Justice EOUST office in Washington DC is the former removed Roberta DeAngelis as Region 3 Trustee.

DeAngelis is now apparently promoted to the position of being in charge of investigating her own cases.

Lawrence Friedman had replaced DeAngelis with a press release that occurred Dec 22, 2004, the significance of the date is it was the very day of the Emergency hearing in eToys where the Court Ordered the parties to answer the allegations by January 25, 2005, in accordance with Local Rules.

They, the parties of MNAT, TBF and Barry Gold had no choice but to admit to the false testimony, for the proof provided by Laser Haas was Court docket affidavits of the TBF and Barry Gold.  They therefore could not continue to deny their own handwriting that had been previously hidden, now discovered by a lapse linguae and the Public Access to court docket records that began in 2001.

Then a hearing on Feb 1, 2005 occurred where the Court then Ordered that Haas and the eToys shareholders could depose TBF, MNAT and Barry Gold on Feb 9, 2005.

The US Trustee told the Delaware Federal Court that it would make its position on the issues known, prior to Frank Perch’s scheduled travel of Feb 16, 2005.

After the Depositions provided additional proof of fraud and perjury, Frank Perch emailed the US Trustee motion to Disgorge on Feb 15, 2005 as promised. (eToys docket item 2195)

Then, less than 10 days later, Mark Kenney made moot the Disgorge Motion for $1.6 million and supplied the Illegal immunity provisio to TBF (and the rest purportedly) on Feb 24 2005 as a Stipulation to Settle the US Trustee Disgorge Motion (eToys docket item 2201)

Then, the March 1, 2005 hearing occurred to address the issue of fraud and perjury, where the Court speciously Ordered that Laser Haas could no longer speak and that they would not enter the Chairman of the Creditor Committee affidavit into the record that day. (asthe Chairman was who TBF was engaged by, the affidavit testimony that TBF defrauded the Creditors Committee would dam TBF to criminal liability).

However, during the March 1, 2005 hearing, the transcript of which is in the record as eToys docket item 2228.  Paul Traub of TBF not only confessed again to filing the false affidavits he also admitted to the Court that TBF paid Barry Gold 4 separate payments of $30,000 each prior to placing Barry Gold within eToys as a “wind-down coordinator” who then became President, CEO and now confirmed Plan Administrator.  Where Barry Gold has authorized more than $12 million in payments to TBF, MNAT and other connected parties illegally.

Laser Haas had received a direct email from Lawrence Friedman that he would address the issues of the case by his staff appropriately.  Where the removal of Roberta DeAngelis and the Disgorge Motion seemed to provide proof that Lawrence Friedman was performing his fiduciary duties when others would not.

Then, the Stipulation to Settle occurred.

Then, Paul Traub gave the additional testimony of paying Barry Gold prior to placing him “in secret” within eToys.

Then, we discovered the MNAT, TBF and Barry Gold connections to Bain/ KB Toys and the Collusion to Defraud the Estate.

Then Laser Haas also learned that Scott Henkin of Fir Tree Value Fund had approved, “off the record” of the Barry Gold and Paul Traub connections.

Then Laser Haas discovered that MNAT, Barry Gold and TBF were also attempting another $100 million dollar cash fraud in the KB Toys bankruptcy case.

Then, Mark Kenney, the Dept of Justice attorney for the Region 3 Trustee, defended MNAT, TBF and Barry Gold by successfully getting the Delawre Federal Court to strike and expunge HAAS’s testimony.

You can see the written proof of this Obstruction of Justice Here

Then Laser Haas informed Lawrence Friedman of the additional perjury and fraud efforts with Mark Kenney’s overt acts of Obstruction of Justice.

Then Lawrence Friedman resigned  (Please see Dept of Justice press Release here ) 

Also Frank Perch quietly did exit or resign at the same time.

Speciously, you will not find any press release by the Dept of Justice about Roberta DeAngelis promotion to General Counsel for the EOUST office in Washington DC. (you can see all press release by the Dept of Justice HERE

The Delaware Bankruptcy Court then held a hearing as the Wall Street Journal had reported on the TBF disgorge settlement HERE

The Delaware Bankruptcy Court visiting Justice Randolph Baxter refused Laser Haas new CLI counsel from speaking after Randolph Baxter allowed the parties to reschedule the CLI claims hearing, allowed CLI counsel to withdraw and did forbid the new counsel for speaking the very day Baxter did strike and expunge CLI and HAAS Court approved Senior Priority Admin claim for more than $3 million.

Then Haas appealed.

Then, speciously, after being silent for more than 6 months after TBF confessed to paying Barry Gold. The Court did enter an OPINION that vindicates TBF, MNAT and Barry Gold as the Delaware Bankruptcy Court, going into the Twilight Zone, stated that now perjury had been documented. Despite the Fact that the US Trustee had already testified to the Court that the US Trustee had warned the parties against violating the law where TBF And MNAT have already confessed to filing more than 34 false affidavits.

The Judge continued going off the deep end of logic with a 57 page Opinion that refused to refer the $300 million in fraud and perjury to the US Attorney’s office as is required by the Judicial Canon’s of Conduct ( specifically 3(B)3 ) and 18 USC 3057(a). (please see OPINION by Judge Mary F Walrath Here )

This is just as well, we suppose, with the newly discovered evidence that the US Attorney in Delaware, Colm F Connolly, was a partner with the MNAT law firm in 2001.  Referring the matter to Colm Connolly office then did not matter as Laser Haas had been informing the Delaware US Attorney, specifically Asst US Attorney Ellen Slights and Deb for quite some time.

Now with the newly discovered evidence that Colm F Connolly was a partner at the MNAT law firm in 2001, when the fraud and perjury began (Please see Dept of Justice notice HERE )

Wherefore, Laser Haas realized a long time ago that the rule of Law was non existent in Delaware, as even the 3rd Circuit has stated that the Federal Rules of Appellate Procedure does not apply to Delaware Bankruptcy Cases (please see 3rd Circuit per curiam Opinion Here ) Where it says on page 7 that the Federal Rules of Appellate Procedure does not apply to this instant case.

Why even both with the mockery.

Just issue a nationwide Memo, all matter of Haas v eToys are prejudged against HAAS, QED!

Despite that readily apparent efforts of cronyism, to protect the Banrkuptcy Ring of Delaware, Haas did file a Citizens Complaint with the California US Attorney’s office Tom O’Brien.

Please see Citizens Complaint HERE

We were supposed to receive an answer from the US Attorney’s office of Tom O’Brien this week, the answer seems to have come in another form of message as the L A Times reported that last week Tom O’Brien did disband and dismantle the Public Fraud and Corruption Task Force.

More importantly, Tom O’Brien apparently threatened his own Asst US Attorney’s that if they revealed any other reason why the Task Force was disbanded, including bad mouthing their boss, that the Asst US Attorney’s would pay a penalty.

You can see the actual threat in the L A Times Store HERE

 Upon receiving that news, Laser Haas began calling all the Asst US Attorney’s he could to get a comment.

No comment has been given, However, the Asst US Attorney’s did refer the matter “officially” to the FBI and the FBI did intake the information and has passed the case up the proverbial ladder within.

May it be that the FBI is really true blue and patriotic enough not to be corrupted by the Delaware and Washington DC corruption of Organized Crime referred to by Congress as a Bankruptcy Ring.

We will try to keep you informed.

DOJ efforts to cover up MNAT perjury and Fraud now receives national attention

The Law firm of Morris Nichols Arsht & Tunnel (MNAT) has confessed to filing multiple, false, Rule 2014 and Rule 2016 affidavits, in order to be paid millions in fees in the eToys case.

.MNAT was the Court approved counsel for the Debtor of eToys.  Traub Bonacquist & Fox (TBF) was the court approved counsel for the creditors of eToys.

Barry Gold was the “wind down coordinator” , then President, CEO and now Plan Administrator of eToys.

.The Law firm of TBF also confessed to filing multiple, false, affidavits to the federal court in eToys.

Today we focus on the issue that has gained national attention recently, as can be seen at the WSJ Law Blog here

Where the Wall Street Journal noted that the Wilmington Journal had begun to review the serious issue that Congress is intent upon looking into Delaware Courts bias decisions that disfavor the public shareholders and bless Executive or inner circle elite.  ( to see the Wilmington Journal article here  )

What is at stake is Delaware’s dominance of corporation filings that has blossomed into a Delaware bankruptcy Courts and attorney bonanza at the expense of the public at large by rulings contrary to Congressional mandates and common decency.

It was not my desire to be at odds with rogue personnel within the Dept of Justice. (at least we hope they are a rogue element and not the norm).  Nor was it my desire to pick upon powerful, esteemed elites of MNAT, TBF or US Attorney Colm F Connolly.

To the contrary, my desire is that this all go away with proper remedy. 

I did not seek their incarceration or demise, however, they cannot steal from a company I was sworn to protect, whether they take away my right to be paid or not, the fiduciary duty Remains!

It is their arrogance and belief that they are Above the Law, that shall either assure their success in the criminality or assure their demise.

However, they, MNAT, TBF, Barry Gold and the rogue personnel within the Justice Dept, choose little ole me (actually I am a big person :0)  ) as the enemy worthy of their disdain and efforts for destruction.

My own attorney, Henry Heiman, a former Trustee in Delaware, after I had been offered inducements, warnings and more, where Heiman, feeling no worries, due to the “good ole boys” network in Delaware, Heiman emailed me a threat from Susan Balaschak of TBF.  That if I did not back off, not only would HAAS and CLI not be paid, my career would end and they would come after me.

My response was to blow the whistle.  While many said I should have found a way to take the $800,000 bribe and adapt my views.  Be the silly person I am, I reported the bribes and threats to the Dept of Justice.

This blowing the whistle, initially, resulted in confessions.  TBF and MNAT confessed to filing multiple, false, affidavits to the Courts. (more than 35, to be exact).

TBF confessed that Barry Gold was his paid associate, that TBF had paid Barry Gold four (4) separate payments of $30,000 each.

TBF, MNAT and Barry Gold also confessed that they drafted a Barry Gold Hiring Letter.

The Hiring Letter contains language that rewards Barry Gold if he does not apply to the Bankruptcy Court for persmission to be hired.

The reason the parties drafted the clandestine Hiring Letter (the letter remained hidden until Jan 25 2005 even though it was signed in June 2001) where MNAT, TBF  were warned by the US Trustee’s office not to violate Section 327(a) of the Bankruptcy Code. (the US Trustee testified to this in the Motion to Disgorge TBF for $1.6 million on Feb 15, 2005, eToys docket item 2195) as they were warned not to do a crime, the only chance they had, to get away with crimes, that were already ongoing, was to seize control of the entire estate.  The Hiring Letter would have guaranteed their success, if they had not chosen to stiff HAAS and CLI just because they had the power to do so.

The issue at hand for Delaware Courts, MNAT and the US Attorney, Colm F Connolly. Is that, despite the confessions, the Disgorge Motion and Stipulation to Settle, never, Ever, mentions MNAT. This testifies, as prima facie evidence, being an actus reus act in and of its own existence, to the very fact that MNAT is enjoying a spirit of no prosecution.

The Stipulation to Settle is an ILLEGAL document,

    where the Dept of Justice in Delaware, apparently in an effort to protect MNAT, has given TBF improper, Illegal, permission to Circumvent the Code. This implies that willful circumvention of a Code or Rule, a crime in any sense of the word, has become systemic in Delaware.

The exact words in the Stipulation to Settle, flagrantly defy the Code/Rule of Law and the Dept of Justice’s fiduciary duty to the public and the courts.

“WHEREAS The United States Trustee shall not seek to compel TBF to make additional disclosures“

Every counsel in the world can tell you they would LOVE for such a clause to be legal. In essence that clause and setting the precedent that such is permitted, single handedly, wipes out the statutes and intent of Congress.

We do not have to prove anything else in this case, that clause, documents, by the Dept of Justice own signature, the intent to willfully circumvent the Code.

In re Middleton Arms Ltd Partnership  934 F.2d 723 (6th Cir 1991) has been affirmed by the US Supreme Ct and the 3rd Circuit.  “courts cannot disregared the clear and “unambiguous” mandate of Section 327(a)”.

When any non disclosure of conflict of interest is discovered, after the fact, the Courts must disqualify.  Not is not even within the authority of a Federal Justice to Circumvent the Law.  Because that is called, in any public citizens realm, Breaking the LAW!

Bonds, Martha and Clemens are citizens who made a false statement and all are paying through the nose for such self protection efforts.

MNAT, TBF, Barry Gold, Colm Connolly, Mark Kenney, Roberta DeAngelis, Kelly B Stapleton, Andrew Vara and anyone else in this case are “officers of the court” and thereby are held to a higher standard.   They are given their esteemed levels of trust and above average pay days, due to the fact that they are required and swear an oath to be of the highest integrity.

When they violate that level of trust, the crimes or heinousness of the highest kind. Again, it is their arrogance and Abuse of power that is the testimony of their character.  I am just the messenger.

Now Colm F Connolly is nominated to be a Delaware District Court Judge. Where Connolly’s resume became public information. By revealing that Colm F Connolly was a partner at MNAT in 2001, many ethical questions are automatically obvious.

Why has Colm F Connolly’s office refused to investigate MNAT?

Why has Colm F Connolly failed to refer the MNAT matter to the Public Integrity Section as is required by Dept of Justice protocol when the US Attorney has any connection, whatsoever, to an issue?

Did Colm F Connolly assign a case number to the issue, as the protocol of the Dept of Justice mandates, when more than one hour of time is expended on an issue?

MNAT, TBF and Barry Gold are utilizing the Stipulation to Settle permission to circumvent the law to keep quiet about the MOST important issue. Barry Gold, TBF and MNAT all have “undisclosed” connections to Bain/KB Toys.

MNAT, TBF and Barry Gold all negotiated the sale of most of eToys assets to Bain/KB.  This is Collusion to Defraud an estate.

It breaches their fiduciary duties to their respective clients, it breaches their Oaths, Declarations and Affidavits to the Court and violates Model Rules of Condcut, SarOx, SEC Regulations, Delaware State Corporate Law and many other platforms.

It is THE most serious betrayal of trust that can occur.  For MNAT, TBF and Barry Gold “sold out their client for their own benefit”.

Colm F Connolly, Mark Kenney, Roberta DeAngelis, Kelly Stapleton, Andrew Vara and everyone else knows the LAW and their fiduciary duties are to the public and the Constitution.

We do not have to prove the benefit that the Dept of Justice personnel received in their efforts of nolle prosequi (refusal to prosecute).

The failure to prosecute obvious criminal acts and the overt manner that the Justice Dept has engaged upon, in order to defend the criminality and punish this whistle blower, speaks for itself.

It is plain dumb, to continue this charade any further. It is obvious that they have reached the end of their power center. If they desire to mitigate their own demise, it would be wise to effort a honorable remedy now, to demonstrate good faith.

All their calls to the WSJ to shut down my statements had to send a message that things are heating up.

Senator Biden was informed of this stuff for years. He is at risk also.

They are the ones who choose to go all or nothing, when they already had it all, they could have given back a little, to everyone and made this issue go away. 

Instead, they used their power and influence with the Dept of Justice and the Delaware Courts, going TOO FAR!

They have stolen a public company and even if you toss out Bankruptcy Code and Rules, by Delaware’s own Corporate Laws, the sale of eToys.com assets is rescindable, as it fails the “bona fide” requisite.

The push, the hard push, to make Colm Connolly a Judge, is that he then, cannot be removed, unless he is impeached.

If Delaware wants cronyism as the main character trait within its Systems, it will get what it asks for!

However, the fact remains is that this is multiple cases, multiple years, multiple parties, multiple states, involving hundreds of millions of dollars. All being done contrary to the Law.

If this was a powder substance instead of the stroke of a pen, it is obviously Racketeering.  Because they are doing such by abuse of power and you have yet to see a body in the streets, some are inclined to permit the leniency. 

It is obvious however, that those that desire leniency are not the ones who lost their money in eToys.

When the RICO efforts involve those the country pays salaries of $100,000 or more per year, to defend us from racketeers, then you do not have the law, you have anarchy and cronyism.

Law Blog Pro Se battles includes fights against corrupt DOJ

In Shawshank Redemption, one of the Law Blog’s favorite buddy flicks, there’s a plot-line in which Tim Robbins - who plays the wrongly-convicted accountant, Andy Dufresne (pictured) - uses his education to help fellow inmates — Laser Haas utilizes this well published Blog issue to legal counsels to point out manifest injustice

read more | digg story

Concise statement of the criminality and DOJ efforts to cover up!

Justice Dept  rogue personnel cover up $300 million in fraud and 40 acts of perjury!

The Law firms of TBF and MNAT have confessed to supplying the Delaware Federal Courts with more  false affidavits concerning non-disclosure of conflict issues! (Though they are coy about it being 40 acts).

The United States Attorney resource manual stipulates that US Trustees are appointed to police bankruptcy Courts under 28 U.S.C. § 581. They are obligated to report criminal offenses and assist prosecutions by 18 U.S.C. § 3057(a); 28 U.S.C. § 586(a)(3)(F). Such is a mandate, not discretionary.

Although the statute requires DOJ to police and prosecute mendacity, the Justice Dept personnel in Delaware are staunchly refusing to prosecute inner circle elite law firms and the US Attorney in Delaware has failed to disclose his connection to the MNAT law firm. While the courts are willfully blind.

This criminality is compounded by the fact that the US Trustee has reported in the Motion to Disgorge TBF $1.6 million, that the US Trustee office warned the parties against violating the non-disclosure and conflict of interest laws in the eToys bankruptcy case. This demonstrates the quest/intent to do immoral.

Despite the authoritative warning, TBF and MNAT conspired to place Barry Gold within eToys without disclosing that he was a paid associate of TBF.  MNAT and TBF drafted a clandestine Hiring Letter that rewarded Barry Gold if he choose not to seek the Court’s approval of his hiring.  At which time he became President and CEO of eToys.  This is willful, conspired, circumvention of the Court and Code.

At the same time MNAT, TBF and Barry Gold negotiated the Sale of eToys assets — for discounts in the tens of millions — to their regular client Bain, as Bain owned KB Toys this was collusion to defraud

Inexplicably the attorney for the new US Trustee voided the Disgorge Motion of TBF  by the Asst US Trustee giving implied, blanket immunity, while permitting TBF permission to circumvent the Law.

All Senators and Congressmen should be aghast as we complained to the EOUST in Washington DC, he resigned and the Asst US Trustee who drafted the Disgorge Motion resigned as well.

The list of crimes that the Stipulation seeks to cover up include:

Ø                  Perjury, as 40 separate false affidavits were “intentionally” supplied to the CourtØ                  Scheme to Fix Fee’s as TBF caused eToys to pay Barry Gold instead of TBFØ                  Collusion to defraud the Estate as MNAT, TBF & Gold sold eToys to their client BainØ                  Intimidation of Victim/Witness as TBF and others warn the whistle blower to “back off”Ø                  Obstruction of Justice as TBF, MNAT and Gold submitted a false document to defraudØ                  Willful circumvention of Code or Rule as MNAT, TBF and Gold signed the Hiring LetterØ                  Failure to declare $2 million in cash deposits by Exec VP of eToysØ                  Vote rigging of the Plan of eToys by non-disclosure of claims acquisition by insiders Ø                  Misprison of a Felony, as all law firms refused to report the malfeasance to the CourtsØ                  Breach of Fiduciary duties, as all firms are busy defending each other, at harm to clientsØ                  Racketeering as this involves several cases, several states, several years and many firms

As morose as the aforementioned acts are, the germane issue of great consequence is that the parties are so entrenched in their ability to corrupt the system. Key personnel of the Dept of Justice, the SEC and US Attorneys office have resigned rather than fight the inexplicable, power and influence.

The criminality remains overwhelmingly readily apparent and irrefutable as Court docket records. Even the Chairman of the Creditors Committee has supplied affidavits of the deceits. The amount of willful blindness and overt complicity by theDOJ in the refusal to prosecute has made the Justice Dept complicit in organized crime. The US Trustee is not only refusing to officially refer the matter for prosecution, the DOJ is utilizing Taxpayer dollars as an appellee, aligned with the fraudulent parities asking the courts to expunge[defraud] the whistle blower!  Mocking justice “ad hoc”! 

Senators, Congressmen, Counsels and US Government agencies should be aghast at the shere audacity and boldness of the Delaware Federal Court and Justice Dept personnel who would dare abuse the due process and assault our Constitution in such a flagrant manner mocking justice.  As the recent Circuit Court opinion stated that the Fed R App Proc do not apply to our case.  If the courts can throw out the Law openly, what is going on behind closed doors. http://www.ca3.uscourts.gov/opinarch/072360np.pdf

This remains an issue of national importance, we thank the entities of www.wjfa.net/bk/etoys.html
www.fraudonthecourt.blogspot.com  www.bankruptcymisconduct.com and www.craig-morford.com for assisting the efforts to be concise and efforts to fax (daily) the issues to Congressmen , US Attorneys and persons of interest and accomplishment in efforts to halt the anarchy that seeks to devour our system of justice as its own personal vault to fleece America!

Additional details can be seen at our other blogs such as http://fraud-corruption-mnat.townhall.com/default.aspx

———–Laser Steven Haas

US Attorney refuses to prosecute $300 million fraud of his former Law firm MNAT that works for Romney’s BAIN entity

We proved $300 million in fraud and perjury.

You can see additional information at

http://fraud-corruption-mnat.townhall.com/default.aspx

The Law firms of TBF and MNAT have confessed to supplying over a dozen false affidavits to the Federal Delaware Court.  Despite the confessions to acts, that are Perjury, the Dept of Justice has declined to prosecute for several years.

 More amazing is the fact that rogue Justice Dept personnel have actually sought, by overt acts, to give clemency to the fraud.  Now it is discovered that the US Attorney in Delaware, Colm F Connolly was a partner at the MNAT law firm in 2001, when the $300 million in perjury and fraud began.  At that time Mitt Romney was still a managing partner and owner of Bain.

 Now MNAT represents Bain in the KB Toys bankruptcy where Bain and Michael Glazer paid themselves $100 million in cash before KB Toys filed bankruptcy.

 You can see many online affidavits, including a WSJ story about the implied blanket immunity as well as resignations by Justice Dept officals at  www.wjfa.net/bk/etoys.html and http://fraud-corruption-mnat.townhall.com/default.aspx and the new study given to Congress on Bankruptcy “rings” of Cronyism and corruption at www.fraudonthecourt.blogspot.com

This email was received when we had only discovered 20 acts of perjury and 1/3 of the fraud issues

From: Lawrence.A.Friedman@usdoj.gov Date: 02/25/05 14:49:58To: ‘laserhaas@msn.com’Cc: Kelly.B.Stapleton@usdoj.govSubject: RE: Item sent to the record today

Mr.. Haas:

You most assuredly have our attention and my personal commitment that we will act in every case where action is required and we are aware of it.  Please understand however, that like any prosecutor, we must exercise appropriate discretion in carrying out our responsibilities which while sometimes in a particular case may seem unjust, it is done with perspective to ALL matters we handle.  I sympathize with your frustration and again assure you that my staff is extremely competent to handle this matter and will exercise appropriate judgment.

 

Lawrence A. Friedman, Director

Executive Office for US Trustees

United States Department of Justice

Washington, DC  

Director Friedman did replace the Region 3 Trustee, Roberta DeAngelis and the Asst US Trustee, Frank Perch did motion to disgorge Traub Bonacquist & Fox (TBF) for $1.6 million.

Then, less than 10 days later, right after we receive the email of assurance from Lawrence Friedman, even after confessed acts of false affidavits, Perjury violations that benefits fraud, the US Attorney Mark Kenney for the New US Trustee, Stapleton, puts in a motion to give clemency to the Perjury and immunity from disclosing all other acts of fraud.  When we research why and discover and additional $200 million in fraud and inform Director Friedman,

he and Asst US Trustee Frank Perch resign, we also inform Debra Yang and Alberto Gonzales, they resign also, while the SEC Bankruptcy Fraud Div, Gordon Robinson, states that Mark Kenney instructed the SEC to refrain from sending an official Intergovernmental Letter for Official Investigation.

Now, we hope His Honor Mukasey, though he had no idea rogue elements such as Craig Morford and Colm F Connolly, were being unethical and DeAngelis, Kenney, Stapleton and others have gone beyond unethical, into the realm of using taxpayer dollars to defend organized crime.  We hope His Honor Mukasey will stand tall against corruption. Only time will tell.

This Letter was over nighted to His Honor Mukasey as person from around the country and around the world are now contacting us about Bain, Romney and other frauds that are likely to be good candidates for a new entity formed by a group to report fraud and corruption, that includes the former managing editor from the Wall Street Journal at www.propublica.org

                                                                                                            December 31, 2007

His Honor Michael B. Mukasey

U S Attorney General

Department of Justice

950 Pennsylvania Avenue,

 NWWashington, DC 20530-0001 

Dear Attorney General;          

   This letter is to inform you of the many complaints against fraud and corruption within the Dept of Justice, specifically related to the Federal Bankruptcy issues in Delaware.     

    

    The Director of the EOUST replaced the Region 3 US Trustee, Roberta DeAngelis on Dec. 22, 2004 as Trustee over Wilmington DE.  We had direct correspondence with Mr. Lawrence Friedman who assured us that the matter would be handled.           

    On Feb 15, 2005 the Asst US Trustee Frank Perch then did place in a Motion to Disgorge Traub Bonacquist & Fox (TBF), for $1.6 million.  This is attached with this letter as “Exhibit 1” (D.I. 2195).  The Asst US Trustee has testified, multiple times, that he had discussions with the officers of the courts in the eToys bankruptcy case (Del 01-706), as he specifically warned TBF and the Debtors counsel, Morris Nichols Arsht & Tunnel (MNAT), against breaking the law of § 327(a) and Rule 2014 of the bankruptcy statutes.         

    Despite this warning the Law firm of MNAT and TBF, along with other parties did draft a Hiring Letter for Barry Gold (a direct paid associate of TBF [confessed]). This Hiring Letter was kept hidden, in a clandestine manner, as it directly ignored the caution of Frank Perch as Asst US Trustee.  The Hiring Letter is already in the court docket record of eToys as docket item 2169 and is attached here as “Exhibit 2”. 

 It specifically gives Barry Gold, under the “guise” that he is arms length, permission to Circumvent the Code and the Court.  While it proves, conclusively, Scheme to Fix Fees (18 USC 155 Janet Reno Reform Act of 1994), it becomes a full blown “conspiracy” to perpetrate “fraud on the court” by “officers of the court” as they were [fore]warned and then did the subterfuge in a “collaborative” manner.          

   Less than ten (10) days after we were told by Director Friedman that the matter would be handled, the attorney for the “new” US Trustee, Kelly B Stapleton, then did sign a letter giving implied clemency to the admitted acts of perjury and fraud.  The Stipulation to Settle is eToys docket item 2201 and is attached here as “Exhibit 3”. It contains the following [obvious] illegal clause,           

  “WHEREAS the United States Trustee shall not seek to compel TBF to make additional disclosures; “            

 Then, documenting that the clemency is totally erroneous and destroyed any “sufficient deterrent” value, Paul Traub of TBF then perpetrated another $100 million fraud in the KB Toys bankruptcy case in Delaware. (04-10120) Where Mark Kenney stepped up to    the plate and defended the fraud and obstructed justice by asking the Court to strike and expunge us. (KB Toys D.I. 2228). This is attached as “Exhibit 4”.           

  Immediately thereafter Asst US Trustee Frank Perch and Lawrence Friedman resigned from their office.  Other resignations connected to this case include Debra Yang of the Corp Fraud Task Force, Ellen Slights as AUSA in Delaware, Gordon Robinson of the SEC Bankruptcy Fraud Division and your predecessor, Alberto Gonzales, who we informed, right prior to his resignation, about knowledge of his complicity in promoting the removed Roberta DeAngelis to the post of General Counsel of the Dept of Justice EOUST office.  DeAngelis and Kenney are now involved, in the criminal conspiracy, asking the 3^rd Circuit Court, (case 07-2360) to dismiss the case, while they defend their efforts to give clemency to the fraud and perjury.          

   Finally, just a few weeks back, we placed in the Public Record out here in California, the newly discovered evidence that the US Attorney office in Delaware, Colm F Connolly, whose office has refused to prosecute the affair, is also guilty of bad faith acts and non disclosure.  Colm F Connolly was a partner with the MNAT law firm in 2001 when the fraud and perjury began.  Over $300 million, all Court Docket record proofs, of fraud has occurred that benefited Bain.           

  The US Sup Ct decision In re Hazel Atlas Glass (1944) has been affirmed by the 3^rd Circuit and states, specifically, that there is no statute of limitation of Fraud on the Court by “officers of the Court”.  We have also attached a copy of the clocked item given to the US Attorney’s office in California.           

    This mess and corruption of the Dept of Justice is most certainly a rogue element, not of your making.  We hope and pray that you will not resign, as the others have, who have chose discretion rather than valor.  We seek the American spirit of Truth and Justice.  Hoping, earnestly, that you are the person who will stand tall against corruption.       

                                                                              Testified to you this day                                                                                    “Under penalty of perjury”                                                                                     Steven Haas (a/k/a Laser)                                                                                     100% owner Collateral Logistics                                                                                    Court approved consultants of eToys   

Criminal acts exposed

I.      STATEMENT OF JURISDICTION 

            1.            Quoting the US Trustee in their response to Robert Alber’s initial brief, this appeal involves a core proceeding (as defined in 28 U.S.C. § 157(b)(2)) arising under title 11 of the United States Code, over which the United States Bankruptcy Court for the District of Delaware had jurisdiction pursuant to 28 U .S.C. § 157(b)(1). The United States District Court for the District of Delaware had jurisdiction over Appellant Robert K. Alber’s appeal from the bankruptcy court’s October 4, 2005 order pursuant to 28 U. S.C. § 158(a)(l), as it was an appeal from a final order of the bankruptcy court. Mr. Alber timely filed a notice of appeal of the district court’s February 27, 2007 final order dismissing his appeal to the district court. Accordingly, this Court has jurisdiction over Mr. Alber’s appeal pursuant to 28 U.S.C. § 158(d).  This Writ also states such as well as various other, serious issues, that make the instant appeal a matter that this honorable body needs to address at the request of this “pro se” petitioner Steven Haas (“Haas”), the Court approved liquidation company sole owner whom the bankruptcy Court also gave standing[1] to.

 II            Extraordinary Circumstances dictating the need for Writ of Mandamus 

            2.            This Emergency Motion seeks a Writ of Mandamus that may be utilized when the system refuses to address matters of recusal or comply with unambiguous statutory mandates of disqualification. Fraud is continuous, even today, in eToys and the authorities thus far have engaged in staunch acts of  “nolle prosequi”.  A Writ of Mandamus[2] is “drastic remedy that a court should grant only in extraordinary circumstances in response to an act amounting to a judicial usurpation of power” (In re: Mwanze, 242 F.3d 521, 524 (3d Cir. 2001)). This court has jurisdiction and is about to make a decision in the eToys case that is germane to Emergency[3] issues and this Court should be informed of the facts documented below to avoid any further wasting of the Court’s efforts of justice.  It is imperative to inform the Court that serious criminal “defensive” posturing is occurring in a possible effort to pervert justice for the benefit of “unclean hands”. They are doing preemptive efforts to thwart the appeal outcome Jan 2nd.

            3.            This Circuit has addressed the issue of “bankruptcy rings” before. (In re Arkansas Co., 798 F.2d 645 (3rd Cir. 08/13/1986)). This Circuit remarked upon the fabric of the stabs to clean up errant efforts, after the fact, to circumvent the Code, concerning offending applications of § 327(a) and Rule 2014 affidavits. This Circuit remarked;

            “[W]e reject the notion that a complete and thorough post-application review may substitute for prior approval in most cases. This approach would render meaningless the structure of the Bankruptcy Code and Rules, which contain provisions requiring both prior approval of employment and after the fact approval of compensation. 11 U.S.C. §§ 327(a), 1103(a), 330; Bankruptcy Rules 2014(a), 2016, 2017”. 

            4.            It is undisputed that errant, false Rule 2014 affidavits[4] have occurred. This instant appeal originates from disputing the US Trustee signing of a Stipulation as the Court refused to disqualify parties who admitted mendacity.  The illegality being readily apparent as the Court and US Trustee seek judicial usurpation of powers by the Court approving an illegitimate clemency clause;

             “WHEREAS, the United States Trustee shall not seek to compel TBF to make additional disclosures”

            5.            There is no legal basis for the Bankruptcy Court to use such “clause” as a qualitative or quantitative measure of “judicial usurpation” of the integrity of the judicial process. Chiefly important, manifest injustice is continuous, within the jurisdiction of this Circuit by willful blindness, “pretense” and “color of law”, benefiting a “bankruptcy ring” that is becoming incestuous organized crime within the Delaware court system.

            6.            The Matter of Arkansas was concerning a much less ruthless effort, being a “nunc pro tunc” employment, yet this Circuit felt it necessary to remark upon Cronyism and “bankruptcy rings” in the Arkansas matter to send a clear message and warning that the Circuit was aware of such nefarious possibilities, so that those that would engage in any efforts of end runs around the law and the Court’s auspice would think twice.  Where this Circuit specifically remarked;

            “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. In fact, the House Report noted that “in practice . . . the bankruptcy system operates more for the benefit of attorneys than for the benefit of creditors.” H.R. No. 595, 95th Cong., 2d Sess. 92, reprinted in 1978 U.S. Code Cong. & Ad. News 5963, 6053”  

            7.            On Dec. 14, 2007, this Circuit scheduled the mattes for Trial on January 2, 2008. Then on Dec. 18, 2007 a motion by the “planted” party of Barry Gold[5] who has implied he will, or has, withdrawn as CEO/ Plan Administrator occurred. The perpetrators and Mr. Gold are seeking payment of legal defense funds, at the same time the KB Toys case[6] (which owes the eToys Debtor tens and maybe hundreds of millions) is rushing to a close, while the NY Supreme Court trial of tens of millions remains in serious question of fraudulent peril. 

            8.            The Asst US Trustee testified to the fact that the parties sought permission concerning placing a connected party in as sole bankruptcy authority.  Despite the warning the counsel for the Creditors and for the Debtor placed a connected party in as a “wind-down coordinator” (Barry Gold), who has been the Plan Administrator since November 2002 till present.  Now the parties seek to maintain control by ruse[7] in replacing Mr. Gold.

            9.            While this movant does not desire to interrupt the current proceeding that is scheduled for January 2, 2008.  Such may be necessary, at least for a few days, to give opposing parties the chance to respond. The fact remaining is the US Trustee and the other appellee’s have refused to give this movant [Haas] proper notice, repeatedly, even after being forewarned[8] against such malevolent behavior.  The perpetrators are in total, nefarious control of the estate, within and throughout, seeking to maintain safe control.

            10.            It is a fact, not in contention, that the Creditor and Debtor’s counsel have confessed to supplying, multiple false Rule 2014 affidavits to the bankruptcy court[9]. The counsels submitted monthly items to the Court and have provided over 19 false affidavits. Including two (2) false testimonies by the Plan Administrator.  Yet, despite Court docket proofs of this perjury, the US Trustee and the bankruptcy court have stated no perjury has been documented being contradictory to its own Opinion[10] while approving the US Trustee’s clause.  Once one confesses of perjury nothing they say has value or verity.

            11.            This instant appeal also concerns the issue that no disentitlement has occurred as the bankruptcy court went on the record in the Opinion of October 4, 2005 refusing to disqualify,[11] also refusing to refer the matter to the US Attorney’s office. Now the parties seek to pull a fast one on the Circuit’s authority by replacing the Plan Administrator with a party hand picked to assure the continued success of their schemes.

 III        Issues presented 

            12.            In the current debate of whether the district court abused its discretion in dismissing Mr. ALBER’s appeal under Poulis, multiple parties requested to amend the appeal concerning Steven Haas (a/k/a Laser) (hereafter referred to as “Haas”) and the parties sought also to amend the appeal headings concerning Kelly B Stapleton. MNAT law firm has specifically named Haas specifically in the MNAT cross appeal[12] of 05-831.

            13.            This Court denied requests to amend parties, yet the parties of the US Trustee and various appellee’s have refused to serve “proper” notice to party Haas.  Haas notified the appellee’s, when Haas sent out the Haas response brief in this instant appeal, warning the appellee’s not to ignore Haas, or any other parties of interest[13]. That setback now presented, Haas also brings to this Court these other issues as well, for review,

a.                  Does Haas have standing as person aggrieved and/or appellee

b.                  Must the parties give notice to Haas and abstain from bad faith

c.                  Under Fed. Rules of Evidence - Judicial Notice 201[14]

1.                  Was Barry Gold required to apply per § 327(a)

2.                  Is the US Trustee Stipulation to Settle circumvent of 327(a) valid

3.                  Did the Bankr. Court errs in stating no perjury occurred.

4.                  Did the Bankr. Court err in stating no disqualification

5.                  Did the Bankr. Court err in refusing to refer to the US Attorney

6.                  Did the Bankr. Court err in denying Haas standing

7.                  Did the Dist Court err in dismissing Robert Alber under Poulis

8.                  Will this Court void Barry Gold, ab initio, per 327(a) or Plan 5.2

9.                  Was the Ordered response of January 25, 2005 a total come clean

10.              Will this Court rule that “fraud on the court” has occurred, intentionally and make official referral to the US Attorney office

d.                  Can this Court order that Haas or CLI be Plan Administrator in place of the voided Barry Gold, for the sake of rectifying fraud & the Plan protection[15].

e.                  Due to the abundant skullduggery overwhelming documented; will this Court maintain authoritative watch over the case or Order a change of venue to assure integrity of the judicial process, including the “extraordinary” method of “Quo Warranto” as this criminal conspiracy warrants.

f.                    Will this Court take notice that the Plan has extraordinary circumstances that exists that the Debtor’s estate can be made whole by a comfort order

 IV      This brief is submitted by Oath “under penalty of perjury”.

           

            14.            These facts are brought to you this day, by Steven Haas (a/k/a Laser Haas) (hereafter referred to as “Haas”). Whereby I, Steven Haas, this 26^rh day of December 2007,  “under penalty of perjury” testify to all items above as well as the following items below;

            15.            Accordingly the questions that we pose to you, or any reader of this criminal saga, shall simply be, - do you mind?  Does one mind that officers supplied the court with sworn affidavits that were false, intentionally? Does one mind that the Dept of Justice has chosen to crush a whistle-blower while defending the perpetrators of fraud instead of protecting the public’s trust as they are sworn to do[16]?  Are you incensed by the fact that the Court itself, sought to be lenient on behalf of well-established colleagues[17]?

            16.            Is it upsetting to know the bankruptcy court’s leniency is complicit in defrauding creditors and whistle-blowers[18]?  Can anyone sit inactive while our system of justice, the US Trustee’s bureau and US Attorney’s office engage in a cover up that seeks to keep every authority from knowing that their acquaintances are involved in a plot of $300 million in fraud?  Where the “police” of the Courts are defending versus arresting malfeasance as a “syndicate” has reared its ugly head and dares anyone to question why!

            17.            They have given implied, blanket, immunity to their well-established colleagues!  Is this mockery of justice to continue? Can we stop people who state, with legal fraud, that they are Above the Law? Can we stop Organized Crime in our Courts?

V            Background and Statement of the War of Fraud

 A simple desire to destroy books n records and the next thing $300 million disappears. 

            18.            One is bound to be astonished, and cynical, at the same time. The amount of subterfuge in the eToys saga makes it necessary to present this chronicle in a manner that will cure the doubter within. Haas is “pro se” after having hired eight different counsels, (even though the Debtor’s estate is contractually obligated[19] to provide defense), where all counsels refused, despite 18 USC § 4 MisPrison and 18 USC § 3057(a), firmly declining to report fraud on the court, by officers of the court, to any authority. As a result Haas and CLI was an abandoned client and was forced to become “pro se”.

            19.       It is a moral & legal imperative that verification of the facts occurs. (To assure the purity of the System of Justice). Self-dealings, being illegal, are profuse[20]. They are enjoying the qualm that such cannot be, taking advantage of the unwillingness to hear.

            20.            It is necessary to review the three key court docket items,[21] the US Trustee and Bankruptcy Court provided, which will substantiate the actual criminality and a give anyone all the tangible evidence needed to know something is seriously wrong.

            21.            The firm of Morris Nichols Arsht & Tunnel (MNAT) was the Court approved counsel for the eToys bankruptcy case in Delaware (Bankr.# 01-706) (the “Debtor”). The firm of Traub Bonacquist & Fox (TBF) was the Court approved counsel for the Official Committee of Unsecured Creditors in eToys.  The firm of Collateral Logistics, Inc., (CLI) was the Court approved, “sole” liquidation consultant of the Debtor. (Haas is the 100% sole owner of CLI). Robert Alber is an eToys public equity shareholder. The Post Effective Date Committee (the “PEDC”) is the court approved Plan committee.

            22.            Abundant proofs of vast felony violations, including $300 million in fraud & voluminous acts of perjury (several acts already confessed[22]), have already been documented by the Bankruptcy Court[23].  The lawful authority[24] of the system has become void and rogue parties of the system making efforts to cover up an OOPS are now caught!

            23.            The management team that had originally formed eToys and went public in 1999 decides to file bankruptcy in 2000 and then declared that they were going to vacate the estate. The Court approved an Order to destroy[25] “books n records” (D.I. 300) after the eToys Debtor filed bankruptcy around March 7, 2001, leaving a void by a paperless trail.

            24.            Thus you have an uncanny situation where the Court should appoint a US Trustee; in opposition, Delaware is notorious for its disinclination to do so. Paul Traub the founder of Traub Bonacquist & Fox, as counsel for the creditors, being an opportunist, seized upon this perfect scenario as a pioneer of coarse ways to take advantage of the bankruptcy system. All the evidence of Court docket records demonstrates that TBF continuously became more brazen and flagrant[26] in disregard of § 327 and Rule 2014.

            25.            The fact is they (TBF & MNAT) admitted to acts of filing false Rule 2014 affidavits in eToys[27], stating, in a cheeky[28] manner, that it was inadvertent. While fiendishly the truth is they admitted to a small amount of illegal acts, as they continuously remain silent about $300 million in fraud. They are also unfettered in major threats of retaliation, obstruction of justice and racketeering because of implied immunity[29].