General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsUpdate - News Break - Judge issues Order in "Haas v Romney" that's telltale!
He who has eyes to see and cares how integrity be;
look and consider - why I'm a happy me!
http://petters-fraud.com/dec18_2013_court_deny_fed_marshal_service.pdf
Proceedings: IN CHAMBERS ORDER Denying Plaintiffs Request for Service by United States Marshal
Plaintiff asks the Court to order the United States Marshal to effect service on the ten defendants named in his First Amended Complaint. [Dkt 7.] Federal Rule of Civil Procedure 4(c)(3) provides: At the plaintiffs request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. (emphasis added). Plaintiff is neither a seaman nor a pauper. Having read the First Amended Complaint, plaintiffs additional pleading entitled Racketeering Civil Preliminary Rico Case Statement 1st Edition Part A, and plaintiffs Request for Service [Dkts 6, 7, 8], the Court finds no reason to depart from the general rule that [t]he plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. Fed. R. Civ. P. 4(c)(1). See generally 4A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1090 (3d ed. 2002)
emphasis added
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UPDATE - 1
BACKGROUND
Mitt Romney was CEO of Bain Capital in 2001; when eToys public company and federal bankruptcy estate was robbed (fraudulently) by Bain. This is one of the main reasons why he claims to be "retroactively" retired from August 2001 (after they offered me a bribe to become his partner and I reported the crime).
It has taken a dozen years to get here;
but they are now in serious harm's way!
Here's the "Preliminary RICO Case Statement" that the judge "acknowledge's" reading.
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UPDATE - 2- The criminal issues at hand!
Someone is going to jail!
Toys R Us (owned by Bain) is in possession of the stolen property of eToys
[
In a CIVIL Racketeering case, one need only provide proof by "preponderance of the level" (the 3 standards in order of strength of facts, evidence, proof required are - beyond all reasonable doubt, clear and convincing and preponderance of" -
Additionally, I only need to provide proof that Romney "indirectly" benefited (though he DID directly benefit);
and that's REAL easy to do - because the jerk bragged he gets millions each year from Bain.
Clawbacks are Hell - and Pitten's WILL get clawed!
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This whistleblower turned down a bribe from Mitt Romney's gang and reported them to the Department of Justice in 2001 (during the eToys bankruptcy case). Instead of arresting the fraudsters - the Dept. of [IN]Justice rallied its support of Organized Crime (probably in the hopes of doing a POTUS wannabe a favor and get rewarded when Romney handpicked that "friendly" U.S. Attorney General that Sheldon Adelson was putting up $100 million to buy).
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the Organized Crooks (Racketeers) - want you to let them OFF totally 'Scott Free'!
And that Ain't Right!
FACTS NOT in DISPUTE
- - - Yours truly is a victim of organized crime. And, mind you, not just any ordinary efforts in syndicated felony law breaking; but that of/by non other than Willard Mitt Romney ("Romney" and his Racketeering GANG. Most have forgotten the fact that Mitt is an attorney at law from Harvard.
Whereas, yours we (eToys shareholders & I) alleged -Romney has a Gang (see list of co-conspirators below) -
Romney became powerful and rich as a corporate raider;
- - - - - - - - - - and did so Illegally!
Because there's much money to be made defending the likes of Mitt; there are many an attorney, troll, stalwart, brown-nosier and other types of detractors/naysayers - who are all too willing to come out and say
"Hey - Pitten's is just a corporate raider who is ruthless and rich.
- - - - - There's nothing against the law of being a corporate raider ruthless".
Bull {c}hit is still manure - no matter how you spell and/or slice the cow pie!
Everyone is already aware that Romney lied about his tenure as Chief Executive Officer ("CEO" of Bain Capital. What most are not aware of - are the real reasons WHY the POTUS wannabe claims to be "retroactively" retired from Bain Capital in August 2001; back to February 11, 1999.
- - - -to the ENTIRE Country about when he was CEO of Bain Capital
- - - - - upon his federal election campaign finance form (Office of Government Ethics {"OGE"} 278 Form)?
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Racketeering Co-Conspirators of Romney's
Yours Truly has the answers to why Mitt lied upon his OGE Campaign Finance 278 Form.
The (REAL) reasons are are;
- Paul Traub
- Traub's "TBF" law firm
- Barry Gold (Traub's partner)
- Michael Glazer (whom Gold & Traub worked with)
- Greg Werkheiser (a partner of MNAT)
- Colm Connolly (MNAT partner who became U.S. Attorney)
- Goldman Sachs (a client of MNAT)
- Morris Nichols ("MNAT"
- Bain Capital (also a Client of MNAT)
- The Learning Company (Merged by MNAT with Mattel)
- Stage Stores (owned by Romney, who hired Michael Glazer, whom Barry Gold worked for with Traub)
- Kay Bee (CEO was Michael Glazer)
- eToys (MNAT as eToys counsel, Traub's TBF eToys creditors counsel,)
- Barry Gold (Traub's confessed partner) became illegal CEO of eToys
- MNAT, Traub and Barry Gold all lied about their links to Romney/Glazer/Bain/Kay bee
- Glazer/Kay Bee - bought eToys (for Romney when he was CEO of Bain)
- Barry Gold, MNAT and Traub did - ILLEGALLY - reduce the prices to Romney/Bain/Glazer/Kay Bee
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It is a FACT that all of those parties are connected to each other; as per Court Docket Record Affidavits and Confessions. It is NOT in dispute that Barry Gold and Paul Traub are partners in Asset Disposition Advisors ("ADA" . It is CONFESSED (see U.S. Trustee Disgorge Motion of Traub's TBF for $1.6 million dollars {here} AND - Wall Street Journal July 25, 2005 article "eToys investors claims conflicts at law firm" .
In parts 19 & 35 of the Disgorge Motion - Federal Police (U.S. Trustee) - notes parties were "forewarned".
The United States Supreme Court did RE-open a previously closed case for YEARS - of In re Hazel Atlas Glass v Hartford Empire and concluded that there are NO Statute of Limitations for Fraud on the Court by Officers of the Court.
Hartford was (eventually) punished for the fraud it did nine (9) years earlier; and the U.S. Supreme set the standard in Hazel Atlas that the Disgorge Motion reiterates appropriately the fact (in part 29) - correctly that -
{T}ampering with the administration of justice in the manner indisputably shown here involves far more than an injury to a single litigant. It is a wrong against the institutions set up to protect and safeguard the public, institutions in which fraud cannot complacently be tolerated consistently with the good order of society. Surely it cannot be that preservation of the integrity of the judicial process must always wait upon the diligence of litigants. The public welfare demands that the agencies of public justice be not so impotent that they must always be mute and helpless victims of deception and fraud.
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FELONY Crimes by Romney & his RICO Gang
Rico Case Law:
The defendants constitute an illegal enterprise in acts or threat of acts in violation of the Racketeering Influenced and Corrupt Organizations ("RICO" Act of 1970. The LAW is United States Code Title 18 with Sections, 1961-1968.
One only needs two (2) separate (specific 18 U.S.C. 1961 "predicate acts" crimes during a long period of time; in order to successfully prosecute a Civil RICO case under Section 1961(c).
The following are particular violations; of an RICO Section 1961 "predicate acts";
which - by the way - also includes Bankruptcy Frauds!
18 USC 241: Conspiracy against Rights of Citizens:
18 USC 3: Accessory after the fact, knowing that an offense has been
committed against the United States, relieves, receives, comforts or assists
the offender in order to hinder or prevent his apprehension, trial or punishment.
18 USC 242: Deprivation of Rights color of law of rights protected under the
Constitution of the U.S.
18 USC 512: Tampering with a witness
18 USC 1341: Mail fraud
18 USC 1343: Wire fraud
18 USC 1503: Obstruction of justice
18 USC 1510: Obstructing of criminal investigation
18 USC 1513: Retaliating against a witness, victim or informant
18 USC 1951: Interference with interstate commerce
18 USC 1621: Perjury
18 USC 1001: Fraud
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Federal (Civil) RICO cases are also permitted to review issues of individual "STATE" Felony violations;
as long as they carry more than one (1) year in prison - upon conviction.
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SUMMING it UP!
Mitt Romney and his RICO Gang already - ARE - guilty;
because they've confessed to 35 crimes in the eToys federal case.
However,
they were not held accountable for their culpability;
because of the federal corruption of Colm F Connolly!
This plaintiff's case against Romney, is still going forward (thus far);
and - over the next few weeks - I've got a plan to shove the facts up any stalwarts butt.
They are counting on the fact that you'll fall asleep when I quote the Law. It is rather easy for them to point out the fact that "hey, the guy didn't even graduate high school - he simply does NOT understand the Law".
Bull {c}hit is still manure;
no matter who says otherwise.
Could AL Capone "retroactively" escape his acts of organized crimes?
- - - - - - - Of course NOT!
Neither should Mitt - the PITTs - Romney.
Over the next several weeks, I'm going to file - in federal court - the proofs of Romney's RICO/Gang issues of Organized Crimes. By only posting one item at a time. Then the trolls, attorneys at law, stalwarts, naysayers and all who believe it is okay to betray a client - - will only have one thing to attack.
- - - - - - - - -As it now appears tha- the Truth will stop Romney's Gang from being "Scot Free"!
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What the wonderful Mr. Reich has not detailed; because he and I have not spoken about it - is the criminal elements of Mitt Romney's gain of super quick wealth. It is there, black and white, for everyone to see (and news stories are about to come out about it in January).
The 3rd Circuit Court (which is over eToys by the way) and Congress - have affirmed a certain bad faith element can rear its ugly head; and that is an "association in fact" also/known/as a "Bankruptcy Ring".
Obviously, Congress was well aware that rigging of the U.S. Bankruptcy system is problematic. The Law making arm of our nations government built-in the Bankruptcy Fraud statutes §§ 152 thru 156 (predicate acts) as part of the Racketeering Felonies of 18 USC § 1961.
Due, in part, to the hubris of Romney and his Bankruptcy Ring believing his POTUS quest would succeed; theres a vast evidence trail full of rock-solid date/ time stamped Bankruptcy Fraud violations. Compliance of the specificity/particularity requisites of Fed.R.Civ.P 9(b) are therefore freely achieved.
laserhaas
(7,805 posts)I'm getting damn well excited.
Lil Missy
(17,865 posts)laserhaas
(7,805 posts)Sorry - should have thought of "background" info!
calimary
(81,455 posts)This is MOST interesting, laserhaas!
Wouldn't it be amazing if this really did have legs, and the bad guys actually DID get convicted and put in prison? Knowing what kinds of strings they can pull and what princely options are available to them, I'm not holding out much hope, but hey, you never know. That sure would be Christmas for all the rest of us! You know - Martha Stewart actually did have to do time. Her thing was a tiny bit ridiculous if you ask me, in the scheme of things, that is. But hey, thereya go. Still - she, ultra-rich, coddled, and well-connected, had to do actual time. So maybe there's hope. I'm sure mittie would get house arrest or some such plush arrangement. But Good Heavens, I would LOVE to see a vulture like him finally have to get his "clean" soft pretty manicured hands dirty.
laserhaas
(7,805 posts)and such; but don't back it up with any facts.
MNAT stands for Morris Nichols Arsht & Tunnell (Romney/Bain and Goldman Sachs law firm)
http://www.mnat.com
What happen is MNAT lied to the Delaware Bankruptcy Court to hide the fact that they work for Goldman Sachs and Bain Capital. Goldman Sachs took eToys public (but stole hundreds of millions in doing so) (See NY Times March 2013 OpEd story "Rigging the IPO Game"
When an attorney confesses lying under oath (as MNAT did about Goldman Sachs - see deposition confession here). Then they are supposed to be disqualified. But the court said, it was too late; because the case is closed (she said that in October 2005). It was against the Law to be arbitrary & capricious (it is actually called "Color of Law" - a Civil Rights violation).
Judge wrote in the same Opinion that it would be wrong to Punish a plaintiff and reward conflict attorneys;
but (AFTER) MNAT confessed lying - the court accepted a forgery from MNAT (who was also my lawyer by court order).
MNAT told the court (again AFTER it confessed lying) that yours truly "waived" my companies right to be paid ($3.7 million). The court accepted the forgery and then told me I was dismissed - with prejudice (because everyone BELIEVED Romney would become POTUS and hire the "friendly" USAG that Sheldon Adelson wanted).
These Laser haters like to gang up on the victim and protect the bad guys right to do same.
Anyone who actually believes I waived my right to be paid the best payday of my life
Please raise your hand?
laserhaas
(7,805 posts)and both of their firms confessed lying under oath.
What they are STILL lying about (and this is why trolls attack yours truly);
is because they CAN"T ever let it get out in court that MNAT and Traub worked for Bain.
eToys was sold to Bain and after they kicked me out (illegally);
they reduced the prices of eToys assets to Bain/Kay Bee.
This is Fraud, by Perjury to commit Collusion against COURT approved clients (eToys and creditors) -
for the sake of SECRET clients (Goldman Sachs and Bain Capital)
While also violating Federal Law of Retaliation and Intimidation of Victim/Witness
laserhaas
(7,805 posts)"retroactively" back to Feb 1999)
is the fact that The Learning Company, Stage Stores, Kay Bee and eToys fraud of $3 BILLION plus
happened to begin in 1999 to August 2001.
AND
On August 2, 2001 - an MNAT partner resigned from the law firm;
to become the United States Attorney in Delaware
See his Resume at the DOJ Office of Legal Policy website
http://www.justice.gov/archive/olp/colmconnollyresume.htm
For his entire 7 years in office - Colm Connolly refused to investigate and /or prosecute Goldman Sachs, Bain Capital, MNAT, Paul Traub and Mitt Romney.
In other words
The chief federal prosecutor kept it a secret that he was refusing to investigate and prosecute
his former partner and their clients.
Then, John "Jack" Wheeler walked into Colm Connolly's building on New Years Eve 2010;
only to wind up Dead in the Dump.
This means (as there is video proof Jack Wheeler went to Connolly's building)
that IF
Colm Connolly was involved in the murder of Jack Wheeler;
then Mitt Romney benefited from MURDER
Now - do you see why they are trying so harder to bury me?
VanillaRhapsody
(21,115 posts)He looked to be very disturbed and disoriented....then the next day they found him in the dump right?
laserhaas
(7,805 posts)a West Point Man, worked for 3 Administrations and also had a charity for kids in Vietnam.
But the assets most dear to me were his location in Wilmington, DE and regular commutes to D.C. - with the BIGGIE being he was a head enforcer at the SEC (hence he knew what I was saying about these cases were true).
If I said Capone was being investigated by Jack Wheeler
and wound up dead in a dump after visiting Capone's Office
Where would you as investigator - first look for clues and a suspect?
calimary
(81,455 posts)laserhaas
(7,805 posts)jberryhill
(62,444 posts)Morris, Nichols, Arscht and Tunnell - http://www.mnat.com/
All of the scattered allegations about MNAT involve their activities in the DE federal bankruptcy court. You can imagine the interest a CA federal district court might have in allegations about things that went on in some case in another jurisdiction.
Clearly, an evil lot of folks:
GRAHAM, MARY B
WILMINGTON,DE 19803 MORRIS NICHOLS ARSHT & TUNNELL 12/14/01 $500 Biden, Joseph R Jr (D)
GRIMM, THOMAS C
GREENVILLE,DE 19807 MORRIS NICHOLS ARSHT & TUNNELL 12/14/01 $250 Biden, Joseph R Jr (D)
HEANEY, JULIA
WILMINGTON,DE 19803 MORRIS NICHOLS ARSHT & TUNNELL 12/14/01 $250 Biden, Joseph R Jr (D)
ISKEN, DONALD NELSON
GREENVILLE,DE 19807 MORRIS NICHOLS ARSHT & TUNNELL 12/14/01 $500 Biden, Joseph R Jr (D)
JOHNSTON, ANDREW M
WILMINGTON,DE 19803 MORRIS NICHOLS ARSHT & TUNNELL 12/14/01 $350 Biden, Joseph R Jr (D)
NACHBAR, KENNETH J
HOCKESSIN,DE 19707 MORRIS NICHOLS ARSHT & TUNNELL 12/14/01 $250 Biden, Joseph R Jr (D)
TULLY, MARTIN P
WILMINGTON,DE 19899 MORRIS NICHOLS ARSHT & TUNNELL 12/14/01 $250 Biden, Joseph R Jr (D)
WOLTERS, JEFFREY R
WALLINGFORD,PA 19086 MORRIS NICHOLS ARSHT & TUNNELL 12/14/01 $250 Biden, Joseph R Jr (D)
SPARKS, A GILCHRIST III
WILMINGTON,DE 19806 Morris Nichols Arsht & Tunnel/Attor 12/13/01 $500 Castle, Michael N (R)
CULVER, DONNA L
HOCKESSIN,DE 19707 MORRIS NICHOLS & ARSHT & TUNNELL 11/15/01 $250 Biden, Joseph R Jr (D)
JOHNSTON, JOHN F
WILMINGTON,DE 19806 MORRIS NICHOLS ARSHT & TUNNELL 11/14/01 $250 Biden, Joseph R Jr (D)
LAFFORTY, WILLIAM M
GREENVILLE,DE 19807 MORRIS NICHOLS ARSHT & TUNNELL 11/14/01 $500 Biden, Joseph R Jr (D)
LOUDEN, KAREN JACOBS
WILMINGTON,DE 19806 MORRIS NICHOLS ARAHT & TUNNELL 11/12/01 $250 Biden, Joseph R Jr (D)
REID, DONALD E
CENTERVILLE,DE 19807 MORRIS NICHOLS ARSHT & TUNNELL 11/12/01 $250 Biden, Joseph R Jr (D)
BLUMENFELD, JACK B
WILMINGTON,DE 19806 MORRIS NICHOLS ARSHT & TUNNELL 11/11/01 $250 Biden, Joseph R Jr (D)
SCAGGS, RUDOLPH J JR
WILMINGTON,DE 19899 MORRIS NICHOLS ARSHT & TUNNELL 11/10/01 $250 Biden, Joseph R Jr (D)
HAMILTON, DAVID LEY
WILMINGTON,DE 19899 MORRIS NICHOLS ARSHT & TUNNELL 11/9/01 $500 Biden, Joseph R Jr (D)
HATCH, DENISON H JR
WILMINGTON,DE 19806 MORRIS NICHOLS ARSHT & TUNNELL 11/9/01 $250 Biden, Joseph R Jr (D)
HUNT, THOMAS R JR
WILMINGTON,DE 19807 MORRIS NICHOLS ARSHT & TUNNELL 11/9/01 $250 Biden, Joseph R Jr (D)
LA MOTTE, WILLIAM O III
WILMINGTON,DE 19899 MORRIS NICHOLS ARSHT & TUNNELL 11/9/01 $400 Biden, Joseph R Jr (D)
LEESNER, JONATHAN
KENNETT SQUARE,PA 19348 MORRIS NICHOLS ARSHT & TUNNELL 11/9/01 $250 Biden, Joseph R Jr (D)
PULSIFER, THOMAS R
KENNETT SQUARE,PA 19348 MORRIS NICHOLS ARSHT & TUNNELL 11/9/01 $250 Biden, Joseph R Jr (D)
ALLEN, RICHARD D
WILMINGTON,DE 19808 MORRIS NICHOLS ARSHT & TUNNELL 11/8/01 $250 Biden, Joseph R Jr (D)
BLACK, LEWIS S JR
WILMINGTON,DE 19806 MORRIS NICHOLS ARSHT & TUNNELL 11/8/01 $250 Biden, Joseph R Jr (D)
HOUGHTON, MICHAEL
HOCKESSIN,DE 19707 MORRIS NICHOLS ARSHT & TUNNELL 11/8/01 $375 Biden, Joseph R Jr (D)
TUTHILL, WALTER C
KENNETT SQUARE,PA 19348 MORRIS NICHOLS ARSHT & TUNNELL 11/8/01 $500 Biden, Joseph R Jr (D)
SUDELL, WILLIAM H JR
WILMINGTON,DE 19807 MORRIS NICHOLS ARSHT TUNNEL 11/6/01 $500 Biden, Joseph R Jr (D)
MCDANIEL, JOHN S III
WILMINGTON,DE 19808 MORRIS NICHOLS ARSHT & TUNNELL 10/31/01 $500 Biden, Joseph R Jr (D)
SPARKS, A GILCHRIST
WILMINGTON,DE 19806 MORRIS NICHOLS ARSHT & TUNNELL 10/30/01 $250 Carper, Tom (D)
BIONDI, O FRANCIS
WILMINGTON,DE 19807 MORRIS NICHOLS ARSHT & TUNNELL 10/17/01 $500 Biden, Joseph R Jr (D)
PARSONS, DONALD F JR
WILMINGTON,DE 19802 MORRIS NICHOLS ET AL 10/11/01 $375 Biden, Joseph R Jr (D)
Jim Lane
(11,175 posts)I agree with your take on the order quoted in the OP. It's pretty routine, it gives us no information about the merits of the case, and there's simply no basis for describing it as "telltale", as the OP does.
I haven't read any of the other documents related to this dispute. I appreciate your having taken the time to do so, but, lacking your dedication, I express no opinion as to your disparagement of the case on the merits or as to laserhaas's disparagement of you in response.
This particular comment of yours, however, is clearly misguided. There's a large law firm, MNAT, representing Romney and/or one or more of the other defendants. Some of the people at that firm gave money to Joe Biden or to a Republican who was running against a Tea Party loon. You list their contributions and write, with obvious sarcasm, "Clearly, an evil lot of folks".
This list of contributors proves about as much as the order in the OP, which is to say, nothing. A big law firm typically includes some liberals, some conservatives, and some middle-of-the-roaders. An accusation against one of the firm's clients may be valid or may be rubbish. In fact, that would be true even if all the campaign contributions were to members of the Progressive Caucus, or even if all were to Club for Growth endorsees.
jberryhill
(62,444 posts)I would also suggest you dig into his claim that an associate of his was killed, and consider the circumstances under which that incident occurred. It will be illuminating.
Jim Lane
(11,175 posts)I'm sure that, if I were to dig into the plaintiff's claims, I would find the effort illuminating as to the merits of the case. (On that point, in fact, you and he probably agree.) I just choose to spend my time differently. My attitude toward most of these threads has been that, sooner or later, there will be an ultimate disposition, and I'll pay attention then.
In the meantime, even without wading through all the Delaware court documents, the California court documents, and the numerous threads on DU, I feel confident in saying that some MNAT lawyers' contributions to Biden tell me nothing about whether any of the firm's clients should be held liable in this action.
jberryhill
(62,444 posts)The lawyers involved were in fact already sanctioned in the actual bankruptcy proceeding and were required to disgorge fees. But that entire episode had nothing to do with this guy's already-refused claim.
No, there is no merit in attempting to re-litigate a DE bankruptcy proceeding in a CA district court, particularly on a point that has nothing to do with what this guy's claim was about.
laserhaas
(7,805 posts)All you need to know are simple facts IN THE RECORD
(especially if you are in the legal profession - as it doth appear).
In re Middleton Arms is ubiquitous (and just affirmed by 9th Cir in Anwar)
Controlling is In re Hazel Atlas (and both the UST and Chief Justice Opines cite In re Hazel Atlas)
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With that background, MNAT confessed lying under oath 15 times to hide its connection to Goldman Sachs (who took eToys public and made $200 million plus vanish) (See NY Times "Rigging IPO Game" .
Middleton commands that MNAT be disqualified;
but the US Trustee stipulated to the 3rd Circuit in its 1st footnote of case 07-2360
We have not and will not address MNAT issues
Here's MNAT's confession about Goldman Sachs in a deposition
http://petters-fraud.com/MNAT_deposition_Feb9_2005.pdf
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While benefiting from its 15 acts of PERJURY about Goldman Sachs, MNAT nominated Paul Traub's firm to prosecute Goldman Sachs. WHEN DOES Capone's law firm get to personally HAND pick who prosecutes Capone?
NEVER!
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Goldman Sachs took eToys public and perpetrated $200 million fraud, MNAT just signed a settlement with Goldman of $7 million for that fraud - AFTER - MNAT (while benefiting from PERJURY) asked for (in the very beginning the case) and RECEIVED permission to DESTROY the books & records of eToys
http://petters-fraud.com/MNAT_Motion_Destruction_Books_n_Records.pdf
When can Capone's counsel LIE to a court to represent a victim of Capone;
and then be able to DESTROY evidence (obstruct justice)
NEVER
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Paul Traub's firm suffered a Motion to Disgorge for $1.6 million
http://petters-fraud.com/DisgorgeMotion_TBF_1_6_Million.pdf
In parts 19 & 35 of that Disgorge Motion, the U.S. Trustee stipulates that
the parties were forewarned IN ADVANCE - not to violate the law;
hence the (clandestine) violation is extensively heinous and egregious.
In part 18 - the U.S. Trustee points out the fact that Traub CONFESSED
his TBF firm "intentionally" permitted the Lies to stand before the court
WHICH IS - Deliberate Fraud on the Court by an Officer of the Court
Finally - on this part - the Disgorge Motion concludes in part 35;
that a FRAUD on the COURT occurred!
(without - Mind You - the knowledge/dealing with 300 other crimes we now know)
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But the DE Bankruptcy Court ignores the law (and such precedents as In re Brady/In re Giglio)
and said (in its PUBLISHED Opinion of October 4, 2005)
that it is TOO late to address these issues; because the case is now over.
Abuse of discretion massive;
and the case is STILL open ( 8 years later)
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Finally - the CLI contracts that the stalwart perversely attempts to utilize;
also has a corresponding ORDER that MNAT was to submit CLI's fee and expenses to the court.
Hence, Capone's counsel helped Capone by tossing Eliot Ness out;
with a forgery that claims Eliot Ness's company simply Waived $3.7 million in fees and expense
Doing so AFTER Capone's counsel confessed to lying under oath 15 times
With NO quid pro quo for the $3.7 million.
ANYONE who believes that I simply "Waived" my right to the biggest payday of my life
after making MNAT"s OTHER secret client pay $50 million instead of $5 million
(which - by the way - MNAT helped reduce BACK to the $5 million)
PLEASE - by all means - Raise your hand?
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OH - and by the way - my contracts GUARANTEE legal fees;
but no one will take the case to claim them
even when there's confessions of fraud and perjury
with the final caveat that the Court Approved Contracts also contain
INDEMNIFICATION clauses that my CLI entity is indemnified against willful misconduct and negligence of eToys, its agents, its assigns and representatives;
BUT MNAT stipulated to the court that CLI never asked to be indemnified;
through its approved counsel
WHICH IS MNA f--king T
indepat
(20,899 posts)laserhaas
(7,805 posts)It shouldn't be!
progressoid
(49,998 posts)read down thread for more info...
jberryhill
(62,444 posts)Last edited Fri Dec 20, 2013, 12:30 PM - Edit history (1)
About 14 years ago, the OP had a company that was hired for 60 days to move some furniture out of KB toy stores that were shut down from a bankruptcy proceeding.
On the basis of that contract, under which he stood to make a few bucks from the bankruptcy, he developed this delusional idea that he was put in charge of the entire company.
He believes he was underpaid, and started filing a mess of papers in the bankruptcy proceeding in the Delaware federal bankruptcy court. His filings were denied, because a corporation, unlike a person, must be represented by an attorney. He briefly hired an attorney to represent him. The attorney ended up asking the court to be excused, because the attorney figured out he was nuts and kept asking for insane things.
So, years into the bankruptcy proceeding, he started filing papers in his personal capacity long after any claims in the case were time barred. His filings became increasingly strange and grandiose, as he developed a belief that a good deal of the legal system is a vast conspiracy out to get him. Eventually the Delaware bankruptcy court had enough, and took the rare step of saying, "this guy is no longer allowed to file his batshit insane crap in this court."
Whenever he files a piece of his batshit insane crap, he posts on blogs about it as if he is engaged in some epic struggle. It's a lot like the way birthers post about their "victories" everytime they lose.
A couple of months ago, he filed a huge piece of scattered batshit insane stuff in a federal court in California, largely based on his insane theories about what went on in the federal bankruptcy court in Delaware that had kicked him out.
When he filed it, he announced his insane filing here, complete with the usual delusions of grandeur. Same thing when it got a docket number. Same thing when he amended the complaint. Anyone with a couple hundred dollars can scribble stuff on paper, file it with a court, and it will get the same treatment.
Then, he asked the court to serve the lawsuit on the defendants.
What has happened here is that the court denied his request to serve the lawsuit. But because the court referred, in the denial, to his papers "entitled 'raft of insane shit'" he is unable to figure out that what he's looking at is a denial, and instead seeks to convey the impression here that because court referred to his filing by the title he put on it, that the court has somehow, in advance of the most basic procedural step of actually serving notice on the defendants, that the 'raft of insane shit' has merit, merely because the court referred to it by name.
SidDithers
(44,228 posts)these threads are mildly amusing, tho.
Sid
laserhaas
(7,805 posts)My CLI controlled eToys (not KB)
- except for the lawyers (who confessed they deceived the court by false affdavits)
I was there for the entire year of 2001 (until they illegally inserted Barry Gold)
Only one full of bull - spots bull - CLI was represented by counsel all the way from 2001 till August 2005;
which was AFTER the opposing parties Confessed lying under oath (intentionally) to the court.
And my contracts guaranteed legal fees.
It what (legitimate) process does an attorney quit a job guaranteed to be paid $1 million;
especially when the opposing party confessed to 34 acts of PERJURY?
Again - wrong on personal filing. My attorneys violated the law and refused to inform the court of the frauds.
ONLY a stalwart that likes to see Goldman Sachs, Bain and Romney get away with fraud
approves of the crooks - Getting away with Fraud.
The Law Firms Confessed!
your such a "genius" with your puffpiece
jberryhill
(62,444 posts)Yes, no doubt they were in on the conspiracy as well.
This was your contract:
Services. CLI agrees to provide Collateral maintenance and liquidation services to eToys, including establishment and oversight of appropriate security measures and other controls at the Warehouses and corporate offices of eToys, confirmation and inventory counting, oversight of Collateral transfers and removals by purchasers thereof, and other related activities designed to maintain and liquidate the Collateral in an organized, secure, and professional manner (the "Services" . To provide the Services, CLI agrees to devote to this project one senior supervisor, two junior supervisors and three auxiliary personnel. CLI agrees to provide the Services for a period of sixty (60) days commencing on March 14, 2001 and ending on May 12, 2001 (the "Term" .
...as was pointed out before you got the heave-ho from DailyKos.
laserhaas
(7,805 posts)You are showing the 1st contract -
NOT the 2nd one
and as for your B S that DK gave me the heave ho;
here's my comment on MB's D today
Romney sucker...
http://www.dailykos.com/comments/1264361/52190988#c45
karynnj
(59,504 posts)I am not a lawyer and could easily be confused by terms I don't really understand. However, it seems here that the plaintiff (Haas) requested that federal marshals service Romney and the other 9 people with the summons and complaint --- and the court said he must do it himself because he is neither impoverished or a seaman - legal reasons that the court would be required to have federal marshals do it.
This does not suggest anything other than not wanting unnecessary costs for the government.
laserhaas
(7,805 posts)I'm being given an education behind the scenes.
Being that I am homeless and there are homicides already involved;
I can easily file for in forma pauperis (as the court has noted).
But, that is NOT necessary - they will be compelled to "waive" service.
The only one the U.S. Marshals "may" have to serve - is the henchmen Johann Hamerski!
Sanity Claws
(21,852 posts)You didn't get in forma pauperis because you did not file for it, as you noted.
There was no reason for the Marshal's office to serve the papers.
They won't be compelled to waive service. They may agree to accept papers by mail in lieu of formal service.
laserhaas
(7,805 posts)What you should get and can enlighten everyone else about;
are the legal standards in a civil RICO case.
Only need 2 "predicate acts" under 1961 (correct)
(by the way - I've got Confessions to 34 already).
Benefit need only be indirect (correct)
and I'm allowed to be a "Private Attorney General" (correct)
The public at large thinks Racketeering is for mafia only;
but you and I know - that is not true (correct).
[br][hr]
post script
By the way - these guys ARE mafia....
jberryhill
(62,444 posts)For a real head scratcher, curl up with the complaint.
Our friend here was barred from filing in another federal court already as a vexatious litigator.
laserhaas
(7,805 posts)And its a damn good thing that your comments will stand as an immortal testimony
to your shame!
jberryhill
(62,444 posts)The only thing that has happened here is that the court denied your request to have the court serve the complaint.
If you do not serve the complaint on the defendants, the court will issue an order to show cause why it should not dismiss.
Nothing of substance has happened in this case of yours, and that's a simple fact written in plain English in the order.
The mere fact that the court referred to your pleadings as "entitled 'X'" does not mean the court has gotten anywhere near even trying to sort out the incoherent mess that you filed.
laserhaas
(7,805 posts)They stole my career, assaulted my family & friends; and people are dead. And I'm still standing!
But you, the "genius" that you are;
believes that nixing conversations -
will put the Genie back in the bottle.
And you say I'm the deluded one!
REALLY?
jberryhill
(62,444 posts)I do have the ability to point out, everytime you show up with your one man promotional band, that your legal gibberish is just that.
laserhaas
(7,805 posts)issues appear to be ugly.
It works and that is your calling.
Hope you are getting paid for your bad faith works;
because you suck at it!
jberryhill
(62,444 posts)That is an objective fact, is not ad hominem, and is the sum total of the effect of the order you are touting.
For you to behave as if having your request refused by the court, is some kind of "win", cannot be characterized as anything other than delusional.
heaven05
(18,124 posts)are you defending romshit?
The OP's basic issue arises from his desire to get a piece of the action when KB Toys was liquidated. Are you defending one of Romney's vultures? Because that's what this, at bottom, is about.
Recognizing that Romney is a slimeball does not extend to giving credence to the wacko claims of a person who has developed an obsession with insane legal theories and claims of a vast conspiracy against him.
If I were to say, "George Bush needs to be imprisoned for eating live babies" and posted "news" of my great legal crusade to bring him to justice over that, then would you be "defending Bush" if you pointed out that I was round-the-bend crackers?
Would you want me to turn DU into my own soapbox in the pursuit of that cause?
And as this bowl of nuts careens its way to the front page of DU, on the basis of rec's garnered because "I don't quite follow his story, but it looks like something bad about Romney" I believe it is worthwhile to point out the ball of crazy which it, in fact, is.
Read the court order he posted - the court denied his request to have them serve the case. Does that sound like a "win" to you?
heaven05
(18,124 posts)you're referring to, is trying to shed some light on malfeasance concerning Romshit. If he's a vulture(your term) he's my type of vulture because at least he's trying to shed light on a true vulture of amerikan capitalism. And yeah Bush needs to be in prison for KILLING babies by the thousands. That is fact. Or is that fantasy?
jberryhill
(62,444 posts)heaven05
(18,124 posts)and I have the same opinion of that one as I do of your assertions. You and that one rate 0 in my book. Have a good one. I'm done with you. I hope romshit ends up serving time. Won't happen cause he's a 1%er and everyone knows they aren't held accountable. bye.
grantcart
(53,061 posts)laserhaas
(7,805 posts)and then there are those involved in law firms.
No attorney likes to stand by idle;
when other lawyers are going down in flames.
It's like the blue wall of silence.
If you notice - not one of them will admit that the attorneys (secretly working for Romney)
actually confessed lying under oath 34 times (PERJURY).
When they won't start there;
all else is babbling BS (veiled agenda).
Let them eat cake in ganging up on me now;
and crow for ever more once justice (finally) comes.
heaven05
(18,124 posts)fried crow in lard, I hope.
karynnj
(59,504 posts)laserhaas
(7,805 posts)But it was (at one time) - before I was going to accept scholarship at Vandy;
Laser the guided missile.
Before there was a 3 point line in college and/or HS;
I could hit 30 footers with uncanny frequency.
Deuce
(959 posts)laserhaas
(7,805 posts)And I'm still standing!
Overjoyed - actually!
jberryhill
(62,444 posts)And he's hootin and hollerin with joy because the judge simply referred to his POS filing by name.
Scuba
(53,475 posts)laserhaas
(7,805 posts)People expect a party in surreal situations to be exceptional;
and I refuse to give in to the program of playing games.
I know it would be better to just post items and act all Hollywood quiet and stuff;
but ain't it neat that I'm inviting everyone here to join in something special!
Don't we have enough of people acting like their super heroes in a phony manner?
I'm just a guy who loves the law;
and turned down a bribe to sell out my clients.
That should not be something special - It should be Normal!
laserhaas
(7,805 posts)to come on board.
I've got these guys by the proverbial's - in ROCK SOLID fashion.
All I have to do is -
stay alive!
jberryhill
(62,444 posts)You do realize this is a denial of your request, right?
laserhaas
(7,805 posts)You barked this case would be over before it started;
and have eaten your words greatly.
It would be wise of you to wait until it's over Krover...
jberryhill
(62,444 posts)Anyone can file a bunch of incoherent rambling with a federal court, ask the court to serve it, and be denied. That's all that's happened here.
The order says, in so many words, "We are not going to serve the pile of incoherent rambling entitled 'action to save the world'".
You take that order and say. "The judge realizes I'm trying to save the world!"
It's the Orly Taitz school of crazy pro se litigation.
laserhaas
(7,805 posts)jberryhill
(62,444 posts)That's the order you received:
"ORDER Denying Plaintiffs Request for Service by United States Marshal"
To come here and say it is "telltale" merely because, in the course of denying your request the court mentioned the title of your paper, is some kind of "win", is just plain nuts.
snooper2
(30,151 posts)jberryhill
(62,444 posts)However, if the CA court gets wind of the fact that he was flagged as a vexatious litigant in the DE bankruptcy court, and then decided to bring his ball of crazy into the CA court, there are a number of things they might do before getting to monetary sanctions.
Since he hasn't served his filings on the defendants, the case is heading for dismissal for that reason alone, and the court isn't going to bother with something that was filed and then dismissed for that reason.
However, if he doesn't disappoint, he will try to effect service in some bizarre and unlikely effective method. From there, crazy pro se litigation tends to go in some combination of two directions - either the CA court will be added to the ever-growing list of co-conspirators, or he will get into an OrlyTaitzesque bickering fit with the court over how it is denying him his right to cosmic justice. If he goes with the second option then, yes, he could end up pissing them off enough to issue a monetary sanction.
laserhaas
(7,805 posts)Does jerry by the beer and you by the hot wings?
You need more gang up bullies with much better skills at the craft;
before you two "geniuses" can get my goat going.
Merry Christmas!
snooper2
(30,151 posts)There is a thread about knitting out of one's vagina, you should drop your case and spend time learning about that
FSogol
(45,525 posts)SidDithers
(44,228 posts)Sid
hootinholler
(26,449 posts)When we were raising kids they were our go to toy store. They always beat We Be Toys.
laserhaas
(7,805 posts)I'm the source of his story on that issue;
and actually the whistleblower who pointed it out.
IF (and that's still a BIG if) - justice comes;
Kay Bee and eToys will return to their former glory.
It ain't over till its over!
panader0
(25,816 posts)I'm glad you're on our side!
K and R
laserhaas
(7,805 posts)comes (and it IS coming) - I'm going to openly thank the good people at PoliticusUSA (especially Rmuse)
and this wonderful realm full of good people.
gordianot
(15,243 posts)It is no less a criminal enterprise worthy of other eras in American History. The Robber Barons still live.
laserhaas
(7,805 posts)extraordinaire - is Exactly what this is.
And I've got a TON of Smoking Guns!
gordianot
(15,243 posts)The untied knot, Alexander managed to untie the knot when he pulled the pin did not have to resort to his sword. Maybe an allegory for our times.
laserhaas
(7,805 posts)heaven05
(18,124 posts)wouldn't make no never mind which. But being a member of the elite 1% of american aristocracy, doubt it.
laserhaas
(7,805 posts)But he will have to give back Tens of millions of dollars;
as Madoff victims know
you can't benefit from fraud!
heaven05
(18,124 posts)of vulture capitalism. You're my type of thorn. Keep sticking them.
laserhaas
(7,805 posts)It WILL slay them soon!
Iggo
(47,565 posts)YES!
laserhaas
(7,805 posts)It was abuse of discretion for the U.S. Trustee to Breach their Fiduciary Duty (under "Color of Law" so that they would NOT see to it that Goldman Sachs, Bain Capital, Mitt Romney (and his gang of attorney thugs) - weren't prosecuted.
The FBI "Color of Law" website stipulates that;
.Color of law simply means that the person is using authority given to him or her by a local, state, or federal government agency
[br][hr][br]
--- Also, it is horrendous abuse of discretion for the Chief Justice to punish yours truly (for blowing the whistle) and allow the vault robbers to keep the keys of the case they are robbing openly (without any need for remorse or relent). Her Honor stated in her very own Opinion (page 50 to 52) that NO Perjury was documented and therefore she would NOT refer the matter to the U.S. Attorney's office. The court also states on page 16 about the right to address fraud more than one year later would;
{S}erve to penalize the [Plaintiff] for delay that was beyond his control
and to reward conflicted attorneys for failing to disclose their conflicts
And yet, here we are - I'm penalized
and the conflicted attorneys are being rewarded.
laserhaas
(7,805 posts)I'm going to the movies and having lunch with some retired officials educating me on something I did wrong in my Amended Complaint; will be back LATE this afternoon.
Need someone else to write this stuff - so that the trolls can't attack the facts.
Merry Christmas everybody
even you baaaa'hd guys/gals.
Rex
(65,616 posts)If you can expose ANY light on the crappy people in the GOP, then that is a GOOD thing imo!
laserhaas
(7,805 posts)Just hope and pray this judge continues being pure...
Berlum
(7,044 posts)malaise
(269,157 posts)Rooting for you
laserhaas
(7,805 posts)Very MUCH!
laserhaas
(7,805 posts)and the court has NOT.
It was my intent - on Monday - to withdraw the request to have the Marshal's serve;
because a counsel in the Clerk's lobby informed me of Fed.R.Civ.P 4 - that I can mail the complaint
and ask for Waiver of service (which cannot unreasonably be withheld)
The court's Order states that the Judge read my Amended Complaint
AND
The Preliminary RICO Case Statement
AND
(unlike what many counsels sticking their nose of MNAT and Romney's butts have claimed)
the court did NOT Rule 11 sanction me -
Nor has it tossed the case.
It is the First time _ E V E R - in this debacle;
that yours truly has hope for a legitimate process.
The court's order was a Christmas present to me
(Intended to be such or Not)
And the DOJ issuing a letter to me that my case has no merits - on the SAME DAY
Is also Telltale
They Blinked
and I'm going to ramp up the corkscrewing!
MERRY CHRISTMAS
rufus dog
(8,419 posts)Friggen gigantomongous.
laserhaas
(7,805 posts)(assuming the NOW legitimate process continues to go forward)
Then it is one of the biggest Racketeering cases of all time.
2naSalit
(86,775 posts)I was looking at the Muckety web tool and this is where I stopped because, well, too much info too late at night!!
So...
http://www.muckety.com/Toys-R-Us/5003367.muckety
In case you wanted to poke around.
Good Luck with your endeavor!
laserhaas
(7,805 posts)2naSalit
(86,775 posts)there are instructions and ways to save the maps. I wonder if there's an interface that makes charts or whatever from the maps. Might be worth looking in to. I'm sort of a novice with it, sometimes I can't figure out the search engine!
I also wonder if there's some other Muckety-like tool that makes those image charts..,
Donald Ian Rankin
(13,598 posts)laserhaas
(7,805 posts)Otherwise, I have to object to vagueness.