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.
UPDATE – March 7, 2011
It was anonymous information from some true public servants that led me to the knowledge that Roberta DeAngelis (the replaced REgion 3 US Trustee) was secretly promoted to General Counsel of the Exec Office of US Trustee’s (EOUST) when DOJ Deputy Director Lawrence Friedman Resigned.
Some other (or maybe same group) of concerned federal public servant(s) also informed me that the DE US Attorney (Colm Connolly) had a vested interest in burying the investigation and prosecution of the www.MNAT.com law firm.
It has now been 3 years since the US Attorney in CA actually Shut down the Public Corruption Unit and audaciously threatened Asst US Attorney’s to keep their mouths shut or else.
Their illegal endeavor to cover up the organized criminal bankruptcy ring of Goldman Sachs, Bain, Paul Traub and MNAT has thus far succeeded. The 2 FBI agents I spoke to have never done anything of consequence. I am tempted to name them both. But will call them 1 more time.
Meanwhile – our efforts to halt the cronyism, tyranny and corruption that is incestuously infecting our federal systems of justice has given us a new break. In a week or so – we are about to submit a brief to the FBI, SEC, DOJ and IRS about a former Deputy Director of the DOJ who is involved in a scheme to defraud that also involves the Cayman Islands.
UPdate June 7 2010
Rogue element within federal system of justice
seeks to halt investigations.
When proof was provided of cronyism,
Corruption and Cover Up.
A brother of an Asst US Attorney, (purportedly) committed suicide. Even if it was such – the fact of the matter is the tragedy might have been prevented had the DE Dept of Justice not give Tom Petters partner (Paul Traub) illegal immunity and promise of willful blindness. (see a belated press story on suicide of Marty Lackner brother of MN Asst US Attorney J Lackner (here)).
Paul Traub is partner
Tom Petters and Marc Dreier
Tom Petters with the assistance of Paul Traub, Larry Reynolds (a man under investigation by the IRS while in WISTEC) was able to achieve a $3.7 Billion dollar Ponzi Scheme and the MN DOJ declined to investigate or prosecute Petters for almost a decade. Marty Lackner was involved in $1 billion dollars of the scheme and committed his purported suicide as a man in his forties, with children and not under any publicly announced indictment (if not for his untimely demise – no one may have never known of his connection).
Madoff related party purported suicide
When we reached out to persons who contacted us in Florida about Paul Traub’s possible Madoff connections – Picower purportedly committed suicide (see one initial story (here))
Then Petters associate commits suicide
Another purported suicide happened in Europe when the FBI first raided and a more recent (indirectly) connected suicide has transpired of Petters associate Denny Hecker
Rogue Federal Agents Threaten Whistle Blower
We have had reviews by the DOJ, the Admin of US Courts, Senate Sgt at Arms, Fed agencies galore, NASDQ and more. The slow, but relentless wheels of justice are beginning to turn as federal investigations (legitimate) are hopefully to begin.
Prior to this time we were threatened that arrests would occur if we dared to bring the proof to the FBI, when
Check out Clocked Copy of 18 U.S.C. 3057(a) Complaint
DOJ dismantles Public Corruption Unit to Bury investigation
– the Public Corruption Unit of the Dept of Justice was dismantled and career Asst US Attorneys were actually threatened NOT to tell the Press the real reasons why – or Else.
Paul Traub’s cohorts Goldman Sachs Fraud
Help Destroy Evidence from Federal case
These additional nationally significant events transpired – All directly connected to the Goldman Sachs fraud of eToys Initial Public Offering (IPO) and Bain’s benefiting from their undisclosed counsel(s) (www.MNAT.com Paul Traub’s firm(s) (currently www.ebglaw.com and their roaming organized criminal Executive (Barry Gold – who was also “secretly” Paul Traub’s partner).
Failing to disclose the fact that MNAT and/or Paul Traub had connections to Bain/ Goldman Sachs and their affiliated persons – the Cohorts (Barry Gold, MNAT and Paul Traub’s firm(s) conspired to achieve the successful Pump n Dump of eToys.com IPO.
The very first publicly viewable certified criminal endeavor was MNAT’s Motion (approved) for Destruction of Evidence (the Books n Records of eToys)
DE Dept of Justice Assists in Cover Up again
Then the DE Dept of Justice had eToys primary counsel removed under the guise that Irell & Manella had a Conflict of Interest / and Irell & Manella was replaced by DE powerhouse lawfirm www.MNAT.com recently an Irell & Manella senior exec mysteriously vanished
What was not disclosed at the time is the fact that MNAT had 100 times significantly more germane Conflict of Interest(s)
MNAT law firm Fraud of Mattel, Bain, eToys, Goldman Sachs
MNAT handled the merger of The Learning Company (a Bain affiliated entity) with Mattel (eToys largest toy industry unsecured creditor) – such – if disclosed; would have required the immediate disqualification of MNAT as the eToys Debtors counsel.
MNAT did finally get “caught” red-handed supplying more than 15 false affidavits (Perjury) to the DE Federal courts. MNAT then confessed that it had failed to disclose its connections to Goldman Sachs where MNAT handled the DE bankruptcy of Finova (DE Bankruptcy 01-705) and eToys was DE Bankruptcy 01-706.
MNAT is guilty of Collusion to Defraud eToys (as eToys Debtor’s counsel) because it negotiated the sales of the debtor to Bain/ Kay Bee Toys. MNAT, Paul Traub’s firm(s) (Paul Traub’s local counsel (Frederick Rosner) went to many firms in DE carrying eToys with him) (Paul Traub’s firm (Traub Bonacquist & Fox (TBF)) was forced to disband) then Paul Traub partnered with Marc Dreier (doing 20 years in prison for $700 million in fraud) – now Paul Traub is with Epstein Becker and Green.
$800K attempted Bribe results in Smoking Gun
MNAT and Paul Traub also confessed that the post-bankruptcy petition CEO of eToys (Barry Gold) was secretly a partner with Paul Traub. They were caught after offering us a Bribe for $800,000 and then sending a Threat for us to “back off” from investigating the crimes. The DE Dept of Justice trial attorney (Mark Kenney) then made a lapse linguae stipulating he had handled the Paul Traub/ Barry Gold Conflicts of Interest in the case of Bonus Sales. When we researched what he meant (as punishing one crime does Not give immunity to all others) we found the Smoking Gun. A vanity letterhead (footer) stating that Barry Gold and Paul Traub were partners Before Mr. Gold became CEO of eToys.
US Trustee Program removes Region 3 Trustee DeAngelis
Director of DOJ EOUST replaces Region 3 Trustee Roberta DeAngelis when we report the Perjury / Fraud being unaddressed. The US Trustee Press release is timed the very day of our Emergency Hearing (Dec 22, 2004) to hear the Perjury/ Fraud issues.
Paul Traub is caught in Fraud with Barry Gold before eToys
Many items then emerge of Barry Gold and Paul Traub’s previous connections – including Stage Stores
Stage Stores was a southern TX bankruptcy (00-35078) that was also Co-Debtor with Liquidity Solutions and owned by the founder of Bain and had officer/ director/ stockholders like Jack Bush and Michael Glazer. Coincidently Barry Gold worked for the director and confessed that he got many engagements due to Jack Bush (a Bain executive of many Bain entities). Michael Glazer was also CEO of Kay Bee Toys at the same time. Barry Gold and Paul Traub confessed that Paul Traub’s firm (TBF) paid Barry Gold four (4) payments of $30,000 each during Stage Stores and prior to secretly planting Barry Gold in as CEO of eToys. Where eToys then sold its assets for discounts in the tens of millions to Bain / Kay Bee Toys.
See pages 60 thru 69 of the eToys Transcript where Paul Traub was questioned by the Court directly.
US Trustee Motions to Disgorge Paul Traub $1.6 million
Less than 10 days later
DE DOJ gives Paul Traub’s firm Illegal Immunity.
Nothing is as illegal or solid a proof of Breach of Fiduciary duty as the DOJ Trial Attorney (Mark Kenney) document that voided the $1.6 million motion to Disgorge Paul Traub’s firm; for the Stipulation to Settle the Perjury / Fraud contains the following obvious betrayal of a federal officers oath of office;
“WHEREAS the United States Trustee shall not seek to compel TBF to make additional disclosures“
See Stipulation pages 8 & 9 here
While all of the addressing of Paul Traub and MNAT’s Perjury and FRaud was transpiring – they engaged in another $100 million fraud in the Kay Bee Toys case. Michael Glazer -the CEO of KB – paid himself and Bain $100 million prior to Kay Bee filing for Bankruptcy. Enigmatically MNAT is representing Bain in the $100 million Fraud and Paul Traub had the Unmitigated gall to ask the Court to be the party who prosecuted the preferential transaction. When we pointed out the Perjury/ Fraud and non-disclosure of a serious Conflict of Interest to that Court- the
DE Dept of Justice
has court Strike & Expunge Perjury/ Fraud evidence
Director of DOJ EOUST Resigns
After we go to Director Lawrence Friedman and seek him to hold his direct email promise to rectify the bad faith; we point out that the fraud has now exceeded $300 million and is stepping across state and case lines. Director Friedman chose discretion over valor and Resigned (going to Bear Sterns).
Dept of Justice punishes Whistle Blower $3.7 million
Because we were a Court approved liquidation consultant. The DE Dept of Justice felt we should be grateful. When Mark Kenney was told of Paul Traub’s emailed threats and made the faux pas of telling us about the Bonus Sales case (and we reported such) he became hostile. MNAT supplied a Forged document stipulating that Haas had simply Waived $3.7 million in fees and expenses. Funny thing is – if anyone reads the purported waiver – it actually stipulates in item 11 that CLI (Haas’s company) is entitled to success fees. Then the Court ruled that Haas was moot and could no longer provide evidence of the Perjury and Fraud because he had “waived” his right to be in court. That Haas was no longer a party in interest or person aggrieved. In other words a person has standing to waive an item – but not standing to point out the purported waiver is Fraudulent.
DE Bankruptcy Ct states
Lying Under Oath is Not Perjury
Paul Traub’s firm(s) and MNAT have already Confessed to more than thirty-four (34) false affidavits and Deliberately deceiving the Court. This is Fraud on the Court by Perjury. But the Judge, when we appealed the ruling that Haas and Collateral Logistic’s Inc., (CLI) is dismissed with prejudice – stated No Perjury was documented and refused to refer the matter to the US Attorney’s office (as is required of all Judges under 18 USC 3057(a)). This bogus opine, 6 months after the confessions, came of the court only came after we timely appealed to the US Dist Ct. See page 52 of the OPINION of Oct 4, 2005 that approved the unlawful immunity for Paul Traub’s firm.
Haas and eToys shareholders appeal all the bogus rulings to the DE Dist Ct and 3rd Cir Ct.
The Third Circuit dismisses Haas’s appeals affirming that Haas simply “waived” his right to be heard and that he is a disgruntled claim holder who was a security guard / transportation guy at eToys.
Third Circuit states FRAP Does Not Apply in eToys
DE DOJ States it will Not pursue MNAT
see 1st footnote of brief
Roberta DeAngelis secretly promoted to GC of EOUST
We were given several tidbits by federal persons who really believe in their oath of office. One germane item is the hidden fact that the removed Roberta DeAngelis was quietly/ secretly promoted to the post of Acting General Counsel of the EOUST. Thus when the FBI, SEC, OSC, OPR, Public Integrity Section, the OIG, OGE, President Bush Corporate Fraud Task Force all told us to go to the GC of the EOUST and the local US Attorney – they actually were telling us to go to parties who were being asked to investigate themselves. When we reported this – the DOJ US Trustee press release was finally released and Region 3 Kelly Beaudin Stapleton Resigned (and was replaced by non other than Roberta DeAngelis)
US Attorney is partner with Conspiracy to Defraud eToys
We were also then informed something we could absolutely not believe. The DE US Attorney (Colm Connolly) who was refusing to investigate and prosecute the crime had his own Conflict of Interest. Colm Connolly was secretly a partner with MNAT in 2001 (the very year MNAT began their Perjury/ Fraud in eToys). Therefore Connolly had to either refer the matter to the Public Integrity Section or assign an Independant Prosecutor. See Colm Connolly’s resume
CA US Attorney Threatens Career Prosecutors to Keep Silent
We also had federal justices who did not like what they saw, including persons who helped draft the Bankruptcy Code/ Rule of Law. We were given an Official Court form (to make them aware we had friends) of 18 USC 3057(a). We were also told to submit such with a brief of details and have each and every page time stamped (Clocked Copy)
Shake up of Federal Prosecutors
There is SOooooo much more to this story. eToys is suing Goldman Sachs for $500 million in NY Supreme Ct. Problem is Paul Traub’s firm and Barry Gold (both who have a vested interest in the crimes and work with Goldman Sachs at the time) are running the case. Paul Traub was hand picked to prosecute the matter by Goldman Sachs DE Attorney MNAT. Not only is the proceeding a Sham – because we caught them previously by faux pas of sorts in the public docket record – nearly 1/2 the entire NY Supreme Ct case (# 601805/2002) is Under SEAL.
Then you have not one – but two judges who went after Paul Traub’s firms for their bad faith. One was promoted off the case to the NY Supreme Ct of Appeals – the other (who threatened the counselors that “their lives were on the line”) was promoted 3 weeks later to the 3rd Cir Ct.
Then the DE Federal Ct and 3rd Cir dismissed the case stating the Federal Rules of Appellate Procedures does Not apply to Bankruptcy Ct decisions to the Federal Dist Ct.
Then there is the issue of Jack Abramoff trying to illegally seize control of the Region 3 US Trustee’s office
see page 12 of the Congressional archives at this weblink
Abramoff went DOWN because his partner’s haughtier (Johann Hamerski) he offered a $175,000 bribe to eToys shareholder Robert Alber and when Alber said NO – Hamerski threatened to have him killed. Johann then began a campaign against Alber spending $1 million dollars in effort to destroy him. Alber had 2 nervous break downs and ultimately had to endure Brain surgery. Hamerski was tricked to believe he would put Alber in jail – where he travel to AZ and then they upgraded the recording equipment as Alber received a Dream team (OJ like) of Public defenders who wield in carts of files and held Johann Hamerski on the stand in AZ for two days – then Abramoff went through hell.
But the real big story beyond the many specious deaths related to Paul Traub affairs is the fact that Traub Bonacquist & Fox partner (Harold Bonacquist) is listed in the NY State Bar and Supreme Ct as to be contacted through the US Embassy/ Consulate General of the Philippines to make an appointment with him in Istanbul (a non extradict)
Traub’s Partner Marc Dreier and Tom Petters
committed hundreds of millions and billions of dollars in fraud – AFTER the DE Dept of Justice granted Paul Traub illegal immunity in 2005. There is no doubt those billions of dollars in schemes (and some of the related suicides) could have been avoided – had the Feds did thier job in 2005. Marc Dreier got 20 years – Tom Petters got 50 years – and Paul Traub worked the debtor side of Okun’s 1031 Tax Group as Michael Fox (TBF partner) worked the Creditors’ Trustee side. Okun got 100 years.
But the REALLY BIG STORY is the founder of Bain, whom Traub and Barry Gold met at NeoStar, worked with at Stage Stores and is the single greatest reason (next to DE former Senator being VP – who actually was carted around by Tom Petters airline (Sun Country)).
The single greatest reason why Bain bought KB in 2000, then Bain/ KB bought eToys, who was in bankruptcy. Then Liquidity Solutions (Stage Stores Co-Debtor) bought up all the claims.
Update July 15 2009
NY Supreme Court FRAUD
Hopefully the FBI, NY Supreme Ct, 1st Department and AG Cuomo will look into the on going $500 million in fraud in the NY Supreme Court case 601805/2002
Where nearly 1/2 the docket is Under SEAL!
Paul Traub and his firm – specifically Susan Balaschak (now with Akerman Senterfitt) lied to the NY Sup Ct in the case of eToys (ebc1) v Goldman Sachs (case # 601805/2002).
Of the many deceptions proffered upon the NY Supreme Ct is the failure to disclose that Paul Traub’s firm was hand-picked to handle the case by the MNAT law firm in DE.
MNAT is a co-collaborater with Paul Traub to plant Barry Gold secretly within eToys as President/CEO and confirmed Plan Administrator.
It is now confessed that Barry Gold is also a paid associate of Paul Traub’s firm of Traub Bonacquist & Fox (TBF) and a partner with Paul Traub in Asset Disposition Advisors (ADA)
More significant is the fact that MNAT is Goldman Sachs local counsel in DE and received a slap on the wrist sanction for failing to disclose this issue to the DE Federal Court – utilizing more than 15 false affidavits over several years to withhold the information.
Susan Balaschak even testified to the NY Supreme Court that the Creditors Committee (renamed the Post Effective Date Committee (PEDC)) was informed of Everything that was going on (see her testimony NY Sup Ct docket item 216 http://petters-fraud.com/SusanBalaschakAffidavit_NYSupreme_DI_216.pdf
Of the many false remarks in the Declaration by Susan Balaschak is the testimony that the three (3) co-chairs of the PEDC is LEGO, Fir Tree and Fisher Price.
Susan Balaschak is failing to inform the NY Sup Ct that both the Director of Credit at Mattel (Chairman of the Creditors in eToys and Mattel owns Fisher Price) and the Director of Credit at Fisher Price were “speciously” coerced to leave their offices early. The Director at Fisher Price was removed after he promised this whistle-blower that he would look into the matter directly. The former Chairman from Mattel had put in an affidavit that MNAT, Traub, Barry Gold and the party that gave Paul Traub’s firm unlawful implied, blanket, immunity had it stricken from the record (see Obstruction of Justice item http://petters-fraud.com/KenneyKB_Obstruction_2228.pdf
Compounding the egregious behavior is the fact that Scott Henkin, the Exec at Fir Tree Value Fund – had confessed to us that he had given his “off the record” approval of the Non-disclosure of the relationship between Barry Gold and Paul Traub.
When we reported this to the Court = Scott Henkin threatened Laser Haas and then was speciously promoted to Senior Executive of DE Shaw. Real egregious behavior considering the fact that Bain sold eToys.com to DE Shaw and Scott Henkin became part of that firm.
After we reported this discovery the founding party DE Shaw himself – Resigned.
Fianlly – Susan Balaschak offers the NY Supreme Court Ellen Gordon as corrobative witness – this to is fraud on the court – as Xroads LLC no longer has Ellen Gordon working with them and Ellen Gordon was Barry Gold’s right hand person who also did her absolute best to nix ever deal to merge the public entity of eToys.
Xroads LLC, Paul Traub and Barry Gold have much to fear as they all work with Wells Fargo – and Foothill Capital (a Wells Fargo entity) loaned eToys $40 million November 2000 and transacted over $100 million prior to March 7, 2001.
The failure to review this preferential and submit affidavits stipulating there is no conflict of interest is already established as a criminal act. Where in the case of In re Bucyrus 94-20786 (ED Disc Wisc 1994) Gellene of Milbank & Tweed firm went to jail, Milbank Firm had to disgorge their entire $1.9 million and lost over $20 million litigation.
You can see the story in the book “Eat What You Kill” the Fall of a Wall Street Attorney by Milton C Regan.
Coincidently the $35 million dollar loan in Bucyrus involved a former Goldman Sachs associate.
Milbank refused to return the $1.9 million until the Court stipulated that it would subpoena Gellene to testify!
More than 100 felony violations plus 34 acts of perjury to perpetrate Fraud on the court – including one of the first Motions MNAT sought was the Destruction of Books n Records (eToys DE Bankr 01-706 docket item 300).
You can see many links (court docket proofs and newspaper items) on the DOJ and Court cover ups of Paul Traub, Barry Gold, MNAT, Goldman Sachs and Bain;
Including the fact that eToys lawsuit against Goldman Sachs in NY Sup Ct has nearly 1/2 of the docket Under SEAL
UPDATE July 2, 2009
These items are testified for all federal agents including the Admin of US Court’s and Senate Sgt of Arms readings – Under Penalty of Perjury by Steven Haas (a/k/a Laser Haas) – this the 15th day of July 2009.
The walls are closing in on the Organized Criminal element – a/k/a a Bankruptcy Ring – of Paul Traub and his cohorts.
After initial discussions with the FBI Special Agents on the east coast and west coast – it appears the wheels of justice turn slowly.
However – with the compounding factors that both of Paul Traub’s former partners were arrested (Tom Petters and Marc Dreier) for $700 million and $3 Billion in fraud schemes – the case appears to have heated up somewhat.
With additional information being given to multiple state AG’s, the SEC OIG and local SEC, IRS, FBI task force teams – one can only continue to dance a nervous jig waiting for the swift/hard hammer of justice.
Paul Traub has confessed to acts of Perjury, but the DE federal courts, due to his purported efforts to bring many cases there – have thus far turned a blind eye to Perjury & Fraud and the Court initially said that no perjury was documented.
However, the Chief Justice and DOJ Trial Attorney that have turned a blind eye to the perjury/fraud- now have much explaining to do. The Chief Justice is winding down her cases and retiring and it is only a matter of time before the DE DOJ Trial Attorney and Region 3 Trustee are replaced.
Of the many crimes Paul Traub, Barry Gold and the MNAT law firm have committed include, but are not limited to;
Also Barry Gold, Paul Traub and the MNAT law firm violated nearly every single section of
18 USC 152 & 157
One would be much harder pressed to find a section Traub and his cohorts did not violate – rather than the easy pathway of documenting all the felony violations that Transpired.
Traub also threatened this whistle-blower to “back off” and was so powerfully entrenched within the DE system – the DOJ in DE and the DE BK Court simply ignored the allegation – because Laser’s attorney actually was lacking in intelligence enough that he “emailed” the threat.
Traub, Barry Gold and the MNAT law firm submitted a brief to the DE BK Court stipulating that Laser Haas and his court approved company, Collateral Logistics Inc (CLI) – was so generous that they “waived” the entire fees and expenses (est $3.7 million)
Funny thing is – the very document that was submitted actually states that CLI can seek success fees (see item 11 http://petters-fraud.com/Haas_Affidavit_816.pdf )
One does not know which is more lacking in sound judgment – the fact that perpetrators of fraudulent documents to the court did not have sense enough to fake the document in its entirety or the intolerable premise that the Court and DOJ would back up the fraudulent endeavor and accept a paper that is obviously bogus.
Nothing is as illegal or solid a proof of Breach of Fiduciary duty as the DOJ Trial Attorney (Mark Kenney) document that voided the $1.6 million motion to Disgorge Paul Traub’s firm;
for the Stipulation to Settle contains the following obvious betray of a federal officers oath of office;
“WHEREAS the United States Trustee shall not seek to compel TBF to make additional disclosures”
See Stipulation pages 8 & 9 here
What is almost laughable – if it were not so morose – is the fact that the Motion to Disgorge Paul Traub’s firm is digitially signed by Mark Kenney and it testifies therein – Twice – that the US Trustee forewarned the parties NOT to replace key exec’s of the eToys Debtor with anyone connected to the retained professionals (see parts 19 & 35)
While only addressing 3 felony violations – the Disgorge Motion concludes that Fraud on the Court transpired.
The US Supreme Court has stated (and the 3rd Circuit has affirmed the premise) that Fraud on the Court by Officers of the Court is an extra-ordinary circumstance that expunges the statute of limitations. Please see case of In re Hazel Atlas Glass http://altlaw.org/v1/cases/383006
Additionally, Mark Kenney also Obstructed Justice by petitioning to strike & expunge proofs of perjury/fraud of Traub in the Kay Bee Toys Bankruptcy case.
Also Mark Kenney and for Region 3 Trustee Roberta DeAngelis who is now back in as Region 3 Obstructed Justice with the brief that stipulates in the footnotes that it did not and will not address MNAT issues.
Mark Kenney also instructed the SEC to back off from initiating an official investigation – according to Gordon Robinson – who is apparently no longer with the SEC (or changed his email).
WARNING – there is an Organized Criminal element that has illicit influence over the DE Federal Bankruptcy Court !
Please take the time to review the facts documented below – For Your Sake!
The US Trustee was replaced, the Asst US Trustee made a Motion to Disgorge for $1.6 million – then 9 days later the DOJ Trial Attorney voided the Motion to Disgorge and gave the perpetrators immunity – despite the fact that they Confessed to 34 false affidavits in order to Deliberately Deceive the Federal Court in $200 million in fraud.
Then the perpetrators tested their impunity level and committed another $100 million fraud and the same DOJ Trial Attorney petitioned the Courts to Strike & Expunge the proof of Perjury and Fraud on the Court.
Resultantly the Director of the Exec Office of United States Trustee’s in Washington DC RESIGNED (here) and the Asst US Trustee stepped down as well.
We informed the FBI, OIG, Public Integrity Section, OSC, OPR, OGE, Pres Bush Corp Fraud Task Force, the SEC and many more.
All of whom referred us to the local US Attorney and the General Counsel of the EOUST.
Unfortunately the removed Region 3 Trustee was quietly and speciously promoted to the post of Acting General Counsel of the EOUST. The quiet part is the fact that there was no press release on the high level promotion until years later when we discovered the issue – the specious part is her office was in charge of investigating her case
and NOW – she has been placed back within to clean up her own mess (see belated DOJ UST press release (here))
We all find it rather Odd that there are no other US Trustee press releases since Oct 2008!
We also discovered the fact that the Local US Attorney in DE, whose office refused to investigate or prosecute the Perjury & Fraud failed to disclose the fact that he was a partner with the MNAT law firm in 2001 – the very year that MNAT confessed to failure to inform the Court of the Non Disclosure of Conflicts of Interest.
You normally could see the USDOJ Office of Legal Policy copy of his Resume (here) – but they have yanked it down – we kept a Print Screen Copy for anyone who wants it.
Then we reported those Ethics Violations and Model Rule of Conduct issues to the US Attorney in CA – who never responded.
The Los Angeles Times reported on a story “Shake-up roils federal prosecutors” – where the central CA USA walked into a weekly staff meeting and summarily disbanded the Public Corruption Unit (here)
If you read the entire LA Times story – you will see that it reports that DOJ personnel were Threatened to remain silent OR ELSE!
The party that was given immunity was Paul Traub’s firm of Traub Bonacquist & Fox.
The relevance outside of the previous eToys.com fraud is the basic fact that Traub as Creditors counsel placed his partner (Barry Gold) within eToys as President/CEO – and MNAT helped draft the Hiring Letter that stayed hidden until we documented the Perjury – it contains a clause that allows Barry Gold to choose – whether or not – to apply to the Court per Section 327(a).
Barry Gold committed on the stand Perjury denying his connections to Traub when an eToys shareholder questioned him in 2002 after he supplied a Plan Administrator’s Declaration – Under Penalty of Perjury – stating that the Plan involved “extensive” “arms length” and good faith negotiations between Debtor and Creditor.
That is between Barry Gold and his partner Paul Traub.
The DE Bankruptcy Court warned this whistle blower to back off – as did Paul Traub’s firm – where Susan Balaschak and the whistle blowers own Attorney emailed a Threat that if Laser Haas did not Back Off – not only would he and the Court approved company (CLI) that he owned – they would not get paid – Laser’s career would be destroyed and they would come after him for previous earnings.
When the WSJ released an article the day after the Threat was made July 25, 2005 (here)
It is Our Federal System of Justice that has become an Organized Criminal Enterprise and the fact that this whistle-blower failed English and was spanked by the Houligans should not by the basis for apathy or lack of introspect.
The EOUST replaced the Region 3 Trustee Dec 22, 2004. The US Trustee press release stated the new party is experienced in Fraud matters (here)
Making the crimes extensively egregious and heinous is the fact that the US Trustee testified it forewarned the parties NOT to replace key personnel of eToys with anyone connected to the retained professionals (as such is against the Law Section(s) 101(14), 327(a) and Affidavit Rules 2014,2016) (see Disgorge Motion parts 19 & 35 (here))
The Disgorge Motion concluded, when it did not know of the 100 other crimes that transpired – that the acts of deception were deliberate, rather than inadvertent and Traub’s firm had perpetrated Fraud on the Court.
So it remains inexplicable – that the US Trustee’s website Tout’s its fiduciary responsibility to monitor and Police Fraud (see UST website right hand top corner (here)) – yet the DE DOJ Trial Attorney gave Paul Traub’s firm Unlawful immunity and the promise of the US Trustee to refrain from its fiduciary duty as is testified in PDF pages 8 & 9 (here) as the Stipulation to Settle the Disgorge Motion that is Proffered by the US Trustee states;
“WHEREAS the United States Trustee shall not seek to compel TBF to make additional disclosures“
Researching what would prompt the DOJ to offer future willful blindness – led us to the discovery of additional crimes.
Seems MNAT, Barry Gold and Traub all have a working relationship with Bain and Goldman Sachs.
eToys sold the bulk of their assets to Bain/ KB for discounts in the hundreds of millions and MNAT, Traub and his partner Barry Gold negotiated the deals.
This is Collusion.
KB filed two bankruptcies, in the one DE Bankr 04-10120 – Michael Glazer as CEO of KB paid himself, others and BAIN $100 million – prior to the Bankruptcy Filing.
The party representing BAIN is MNAT
Michael Glazer was a director and shareholder of Stage Stores – and Barry Gold / Traub’s firm worked for Stage Stores and their Directors (Stage Stores is mostly owned by Bain associated parties)
Then Paul Traub petitioned the KB Toys Court to be the one to prosecute the $100 million dollar preferential that MNAT was defending.
Akin to Capone asking Frank Nitti to be the one to prosecute him.
When we pointed out those crimes to the Court – the same DOJ Trial Attorney (Mark Kenney) petitioned the Court to Strike and Expunge the proofs of Perjury and Fraud (here)
This was not the only time Mark Kenney and his associates Obstructed Justice – he also asked the SEC to back off from initiating an official investigation and Mark Kenney, Roberta DeAngelis (as Acting GC of the EOUST) among others petitioned the 3rd Circuit Court to Expunge the case.
They were defending their brief that offered immunity to Traub that the DE Bankruptcy Court approved when the whistle blower appealed the DE Bankruptcy Court’s decision to honor Paul Traub’s threat.
Paul Traub, MNAT and Barry Gold told the DE Bankruptcy Court that whistle blower generoursly waived its $3,7 million in commissions and fees. For eToys was selling all their assets to Bain/KB for $5.4 million. When Laser Haas and his company CLI helped get back over $45 million to eToys bank accounts he had no idea that the reason those parties were making it so HARD to sell – was they were selling eToys to themselves.
When Laser Haas told the DE Court that the Affidavit was a forgery and pointed out to the Court that the very document the parties claim is a Waiver – states that CLI can seek success fees';
The Court said that the whistle blower does not have standing as a person aggrieved – seems you need the court’s permission to point out criminality!
Does not matter much – as Stage Stores was Co-Debtor with Liquidity Solutions.
Right after Paul Traub and MNAT secretly planted Barry Gold within eToys as President/ CEO – Liquidity Solutions and related companies began buying up the eToys claims.
Barry Gold has thus far paid out over $10 million in fees to Traub, MNAT and others that participated in the Cover Up’s.
Where the other $30 million plus has gone and how much to the Liquidity Solutions accounts – despite the fact that they are Collusions – will never be known.
Currently eToys (for the shareholders sake and creditors) is suing Goldman Sachs in the NY Supreme Court.
Being that MNAT represents Goldman Sachs in DE – MNAT nominated Traub’s firm to do the work and the Court approved Traub’s Supplemental Affidavit – that he confessed was false.
It is also learned that Traub’s NY co-counsel of Wachtel helped with Barry Gold’s Director & Officers (D&O) insurance in eToys.
Traub and his cohorts know that he was caught red-handed by Laser Haas due to mistakes forgotten in Court docket records – this may explain why half the NY Sup Ct case 601805/2002 is Under SEAL.
At the same time one of the very first eToys documents that the DE Court approved of – at the behest of MNAT – was the Destruction of eToys Books n Records.
Despite that Destruction – the whistle blower found $2 million in cash deposits hidden overseas that David Haddad was trying to keep hidden.
Whistle blower Haas also discovered that Foothill Capital loaned eToys $40 million in November 2000 and transacted over $100 million that was paid to Wells Fargo prior to the March 7, 2001 bankruptcy filing of eToys.
Barry Gold, Xroads LLC and Paul Traub all having a working relationship with Wells Fargo.
This is a crime of Collusion to Defraud an Estate as is well established in the on point case of In re Bucyrus 94-20786 (E D Wish 1994) The book written by Milton C Regan of “Eat What You Kill” the fall of a Wall Street attorney – documents how a $35 million dollar loan (by a former Goldman Sachs guy) was never reviewed and Gellene went to Jail as Milbank Disgorged it’s entire $1.9 million and lost a $20 million dollar + litigation.
If the reader here does not understand the harm that was being done by the duplicity of the DOJ giving Paul Traub immunity, then I guess it does not matter either that both of Paul Traub’s other partners – Marc Dreier and Tom Petters – committed $700 million and $3 Billion in Fraud!
On Dec 22, 2004, an Emergency hearing transpired at the DE Bankruptcy Court to address Perjury & Fraud.
When the MNAT law firm and the Traub Bonacquist & Fox law firm Confessed to supplication of more than 34 False Affidavits and Deliberately deceiving the Court – the DE Dept of Justice Trial Attorney – Mark Kenney – gave Traub’s firm a Stipulation to Settle that granted Paul Traub’s firm UNlawful, implied, blanket, immunity and the promise of the DE DEpt of Justice US Trustee’s office (the Police of the Bankruptcy Court) gift to Traub of future willful blindness by the US Trustee’s office.
You must scroll down the PDF to the WHEREAS clauses proffered by the Dept of Justice Trial Attorney.
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.
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.
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.
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.