Dear Inspector General;
Please be advised that the law firms of Traub Bonacquist & Fox (TBF) and Morris Nichols Arsht & Tunnel (MNAT) have confessed to filing more than 33 false affidavits in the eToys bankruptcy cases. (Del Bankr 01-706)
The law firm of TBF was originally sought to be sanctioned by Asst US Trustee, Frank Perch, for $1.6 million (Motion to Disgorge eToys D.I. 2195 Feb 15, 2005). The Motion to Disgorge did Not mention the law firm of MNAT as it also sought other leniencies in stating that Barry Gold did not have to apply to the Court for permission to be hired per Code 327(a).
MNAT and TBF were instructed by the US Trustee's office against replacing any key personnel of the eToys Debtor with anyone connected to the retained professionals in the eToys cases. (please see Disgorge Motion parts 19 and 35).
The US Supreme Court and Third Circuit has persistently stated that Section 327(a) language is "unambiguous" and if an attorney is discovered to have a non-disclosed, conflict of interest, they must be disqualified. (please see cases of In re Middleton Arms, In re Price Waterhouse, In re First Jersey Securities etc)
Despite the US Trustee forewarning of MNAT and TBF, they plotted, by multiple false affidavits as TBF confesed that TBF paid Barry Gold four (4) payments of $30,000 each, prior to placing Barry Gold within eToys where he was then paid $40,000 per month by eToys as TBF ceased paying Barry Gold (purportedly).
Less than 10 days after the Motion to Disgorge was submitted, the DOJ attorney Mr. Mark Kenney, for the New Region 3 Trustee, supplied an Illegal contract to TBF as a Stipulation to Settle on Feb 24 2005, that contains the following, Obvious, unlawful permission to Circumvent the Code;
"WHEREAS the United States Trustee shall not compel TBF to make additional disclosures"
Even though the MNAT and TBF law firms have now confessed to filing false affidavits, intentionally. While collaboratively drafting a Clandestine Hiring Letter that gave Barry Gold ( a confessed paid associate of TBF) the ability to choose, whether or not, to dodge Code 327(a) by simplying choosing not to apply to the Court. Compounded by the collusion that MNAT, TBF and Barry Gold all worked for eToys, as they then sold assets of eToys to their "undisclosed" client Bain/KB for discounts in the tens of millions. Where there is $300 million in fraud already documented and another $300 million in fraud going on in the NY Supreme Ct case of ebc1 (eToys) v Goldman Sachs, where TBF acquired the job to represent the eToys estate by Perjury.
Yet not prosecutions are occurring! They are getting away with the crimes and the money they Stole!
The US Code 28 USC 586(a)(3)(F) commands that the US Trustee refer the matter to the US Attorney's office.
They US Trustee has refused to mention the firm MNAT in either the Disgorge Motion or the Stipulation to Settle.
When we first notified the Court, the US Trustee, the EOUST, the OIG, the OGE, the OPR and the FBI of all this readily apparent cronyism and corruption. We were referred to the US Trustee's General Counsel and the Delaware US Attorney's office.
Then we discovered an additional $100 million in fraud in the KB Toys case. Where MNAT was already, brazenly, representing Bain in the $100 million preferential as TBF was representing the Creditors without TBF or MNAT disclosing its connections there also. (by the way Barry Gold also worked in the KB Toys case).
The DOJ Attorney, Mark Kenney, then utilized taxpayer efforts and sought, successfully, to have the KB bankruptcy case to strike and expunge our proofs of perjury and fraud.
Immediately thereafter Lawrence Friedman the Director of the EOUST office, resigned.
The Asst US Trustee, Frank Perch resigned.
The head of Pres Bush Corp Fraud Task Force, Debra Yang, also resigned. As they all had the proofs of the perjury and fraud.
The problem with everyone referring us back to the US Attorney in Delaware and the EOUST office in Washington DC is the following items
Prior to his resignation from the EOUST office, Lawrence Friedman replaced Roberta DeAngelis as the Region 3 Trustee, with Kelly B Stapleton. After his resignation, speciously and quietly, Roberta DeAngelis was promoted to the post of the Acting General Counsel in Washington DC, in charge of investigating her own cases for prosecution.
The US Attorney in Delaware, Colm F Connolly, was a partner at the MNAT law firm in 2001.
Mr. Connolly just issued a press release in the Yao student loan prosecution stating that liars in Bankruptcy will be punished.
That is, except for, the MNAT law firm and their associates!
The attached PDF's are all the proof you need. The US Trustee Disgorge Motion states that the US Trustee forewarend the parties against violating the rules. As the discussions occurred, this obviously documents that they knew they needed to find a way and the US Trustee's office wanted to go on the record stated it said they could not do so.
The Disgorge Motion also states that the law firm is vastly experienced in Bankruptcy cases and has detailed knowledge of disclosure requisites. That the acts of violation were deliberate, rather than inadvertent. That the TBF and Barry Gold issues destroyed the [diametric] opposed lines between Creditor and Debtor. That the items were materially adverse and that such was Fraud Upon the Court.
The Disgorge Motion only dealt with 3 of the more than 100 felony violations that have proof positive, by Court docket records.
The Disgorge Motion never mentions MNAT, though the MNAT law firm also confessed to filing false Rule 2014 affidavits on multiple issues.
The Stipulation to Settle is prima facie proof positive of the intent of the US Trustee's office to do overt acts to protect the case from prosecution. While the US Trustee violates 18 USC 3057(a) and 28 USC 586(a)(3)(F) being seditious to thier Oath of Office, betraying the public trust and their fiduciary duties. The Stipulation to Settle does Not mention the MNAT law firm and offers the proof positive of the Illegal "shall not compel" clause.
The Opinion of the Court that approves the Stipulation to Settle is a 57 page document solely bent upon vindicating the criminal acts. Where the Court concludes that no perjury was documented, even though the parties have confessed to filing more than 34 false affidavits. http://www.deb.uscourts.gov/Opinions/2005/EtoysMNATfees.pdf
The affidavit of the former Chairman of the Creditors Committee shows that there is direct harm to the very client that TBF was representing.
The Mark Kenney motion in KB Toys clearly shows that the efforts of cronyism, corruption and organized activity is systemic as it crosses case lines, state lines (3rd Circuit Court) by multiple parties, mulitple years, with hundreds of millions of dollars, the DOJ has become complicit in Organized Crime and Racketeering!
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