To all my loyal friends and supporters, I've got great (Breaking) NEWS. Just yesterday (Friday September 7, 2012) the New York Supreme Court has announced that it will here arguments on the case of eToys (ebc1) vs Goldman Sachs. The only place we can find it thus far, is the Law360.com website. Yesterday, when I received the information, Law360.com stated that the NY Sup Ct agrees to hear the case. Today (Saturday morning) - Law360.com states the case has ruled in Goldman Sachs favor.
But the NY Sup Ct is not aware that Goldman Sachs is benefiting in Fraud!
Goldman Sachs & Bain Capital's attorneys lied to the Chief Federal Justice 34 times over several years in order to become the lawyers for eToys and their Creditors. Where they then destroyed all the evidence against Goldman Sachs (actually got a court Order for permission) and sold eToys for FREE to Bain Capital.
Yours truly was the court approved fiduciary to secure eToys assets and sell them to the highest bidder. When I arrived, that was Bain Capital/ Kay Bee at $3 to $5.4 million dollars. I forced them to pay tens of millions - which pissed off the attorneys who were suppose to be working for me. So they made up a forgery, confessed they lied 34 times to the Chief Justice and then told Her Honor that I simply "waived" my right to be paid for a years work and expenses.
Before you laugh too hard - consider this
the Judge accepted the waiver
and tossed this whistleblower
In 1999, the online retailor of toys and baby products - eToys.com - went public. The agent taking eToys public is none other than the great Goldman Sachs. The price was slotted to be around $18 to $20, with Goldman Sachs getting $1.50 per share in commission. The stock soared to over $78, but eToys only received $16.50 to $18 per share (depending on which story you read). eToys accused Goldman Sachs of breaching their fiduciary duty on where the rest of the money vanished. See the eCommerceTimes.com story (here) - which states that;
The [eToys] company claims Goldman [Sachs] knew eToys' shares were worth more than the US$20 each it priced them at in May 1999. On its first day of trading, the e-tailer's stock price more than quadrupled, peaking at $85, with 13 million shares trading hands.While only doing less than $200 million per year in online sales, eToys inexplicably went insolvent in only a year. In September 2000, eToys lost its credit assurance rating and a decision to file for bankruptcy transpired.
The company also claims that Goldman received kickbacks from clients who benefited when the shares skyrocketed.
However, due to some negotiations behind closed doors, the bankruptcy was put off until March 7, 2001. Paul Traub became the pre - bankruptcy eToys creditors attorney and did a Gellene type deal (Fraud) with Wells Fargo loaning eToys $40 million in November 2000. BabyCenter.com, owned by eToys, was sold to Johnson & Johnson for $10 million (Domain names ONLY). J&J did not want anything to do with the bankruptcy court - so the date of bankruptcy filing was stymied.
After Wells Fargo (Foothill Capital) transacted over $100 million and closed that account - eToys filed for bankruptcy. Paul Traub and eToys post petition CEO (Barry Gold) are secretly partners with one-another. They also both work for Wells Fargo and never informed the court of this (John Gellene "Eat What You Kill" Fraud).
Also transpiring in 1999, the www.MNAT.com law firm (in Delaware) handled the merger of Mitt Romney's entity ("The Learning Company") with Mattel Toys (source SEC). Mattel lost billions of dollars in short order and had to give away The Learning Company for Free (to Gores Technology Group).
MNAT works for both Goldman Sachs and Bain Capital interests in Delaware. But those facts were not disclosed to the Delaware federal court where eToys filed bankruptcy when MNAT sought and received permission to become the Debtor's counsel of eToys. (This is much worse than John Gellene's fraud as a serious conflict of interest self-dealing [double dipping]).
and that is only the tip of the proverbial fraud iceberg!
Goldman Sachs & Bain Capital Frauds Schemes in eToys case
It appears that the New York Supreme Court is unawares of the fact that Goldman Sachs is benefiting from its own bad faith and that Bain Capital is a co-conspirator. For, what no one in the court or federal systems of justice has looked upon thus far - is the fact that MNAT represents both Goldman Sachs & Bain Capital. This is a serious fraud because MNAT lied about those connections and hand picked their very own choice of who would prosecute Goldman Sachs in the State of New York. Their very own cohort in crime - Paul Traub.
Matt Taibbi's Rolling Stone Article Details Romney/ Bain Capital Issues
Matt Taibbi's Rolling Stone cover story is due out on the stands this week (September 13th). It deals with the fact that Mitt Romney and Bain Capital have some real shady dealings in the Stage Stores and Kay Bee Toys case. One particular item is the fact that Michael Glazer of Kay Bee Toys - paid himself and Bain Capital $100 million approximately - before filing bankruptcy for Kay Bee Toys.
What Matt Taibbi did not address in his story (Greed and Debt) - is the fact that Michael Glazer (CEO of Kay Bee Toys) was also at Stage Stores. So was Barry Gold and Paul Traub. Then, MNAT and Paul Traub lie about their relationships to Goldman Sachs & Bain Capital to become eToys Debtor attorney (MNAT) and eToys Creditors' attorney (Paul Traub). To make sure they could destroy yours truly (who was the court appointed fiduciary to Turn Around eToys) - MNAT and Paul Traub then placed Barry Gold inside eToys (illegally) and lied about it 34 plus times to the Chief Federal Justice of the Delaware Bankruptcy Court (Gellene fraud ten times worse). Selling eToys to Bain Capital for basically FREE, destroying the evidence against Goldman Sachs and paid themselves $10 million dollars in fees & expenses.
Synopsis of Criminal Acts by Goldman Sachs & Bain Capital
We established that MNAT works for Mitt Romney & associates issues in The Learning Company merger with Mattel. MNAT also represents Goldman Sachs in Delaware and lied about that too. In 2005, we found Smoking Gun proof that MNAT worked for Goldman Sachs; which forced their confession to lying under oath (here).
Also established is the fact that Barry Gold and Paul Traub (picture with glasses) were secretly partners with each other, before Paul Traub and MNAT placed Barry Gold inside eToys as President/ CEO. This is also confessed and the United States Trustee even testified that the parties asked permission to do the violation and they were told NO. (see parts 19 & 35 here).
Thus, MNAT is guilty of deception (fraud) about its relationships to Goldman Sachs and Bain Capital (another item Matt Taibbi missed is that MNAt is "defending" Bain Capital on the $100 million that Michael Glazer paid himself and Bain Capital). This is compounded further by the fact that Paul Traub (who worked with Michael Glazer and Bain Capital interest in many places - as well as Stage Stores) - is actually the person who asked for permission to Prosecute Bain Capital and Michael Glazer again (hold on - before you laugh again - it gets better).
Creditor v Debtor is akin to Republican v Democrat
In bankruptcy, the Creditors and Debtor are supposed to be diametrically opposed (sort of like Republican vs Democrats). The Debtor wants to survive and keep money and the creditors want to take it away. They do their legal arguments and the "blind scales of justice" (the court) rules as a matter of Law - who gets what. This is why attorneys must supply affidavits stating - Under Penalty of Perjury - they have No Secrets being kept from the court.
Attorney John Gellene Goes to Jail & Law Firm Loses $22 million +
From the book quoted above (Eat What You Kill- the Fall of a Wall Street Lawyer) the author (Milton C Regan) points out that John Gellene went to jail for lying under oath. It also denotes that his law firm - Milbank & Tweed - had to give back its $1.9 million in fees (from 1994) and lost a $100 million dollar lawsuit for the deception (purportedly coughing up $20 to $30 million).
The crimes in the eToys case are 100 times worse.
Crimes in eToys by Name.
It is forbidden by Law to hide assets in eToys. Yours truly found out that there was millions of dollars in cash deposits that were not reported. This is automatically a crime. However, when I reported it to the Dept of Justice, Paul Traub's firm and MNAT - they said it was not. Just a mistake. When inventories vanished - they said they were never really there and made the persons who told me about them vanish too.
When you self deal - that is Collusion to Defraud and estate. Punishing the person who points it out is Intimidation of Victim/ Witness. Lying Under Oath is Perjury (no matter what lawyers say about the law being different for attorneys). When they offered me $850,000 to look the other way - this, of course, is Bribery.
Compounding those issues even further is the fact that Barry Gold was supposed to protect eToys and help me do the best for the company. MNAT is sworn under oath to serve the interest of their client (eToys - NOT Barry Gold) and Paul Traub is supposed to make certain that ALL the creditors are protected. Instead, they circled the wagons around each other - protecting their schemes at the direct detriment of their court approved clients. This is a Scheme To Fix Fees (18 U.S.C. § 155) and only requires that it be a bankruptcy matter, that an oath was involved and benefit was "implied" or expressed. Barry Gold supplied his Hiring Letter that he received $40,000 per month (actually for only 2 days every two weeks) and Paul Traub testified his firm was paying Barry Gold payments of $30,000 per month until he placed him inside eToys. Thus it is expressed, in the court record, in specific details.
There's also Breach of Fiduciary Duty to their respective clients, their oaths to the BAR. Obstruction of Justice, Destruction of Evidence. As well as most already know - the knowledge of a crime before and after the fact (the technical legal term is MisPrison of a Felony 18 U.S.C. § 4).
It is a crime for Barry Gold and Paul Traub to have worked with Wells Fargo, then to arrange for the $40 million loan that transacted over $100 million - without addressing that preferential treatment. John Gellene actually went to jail for a $35 million loan by a Goldman Sachs former in the Bucyrus case. So the crimes by Mr. Gold and Paul Traub are exact to John Gellene (and shows that it may even be a common practice).
Not finally, but very important, is the fact that - if you do the crimes by the same parties, over $10,000 at a time, in several instances, over several years - that is Racketeering. This is documented by the fact that MNAT represents Bain Capital in the Kay Bee Toys case, Paul Traub and Barry Gold worked that case and Paul Traub asked to be the prosecutor.
NY Supreme Court Goldman Sachs Frauds
Though you have enough evidence here already, we still have the title of the story to address. You see, MNAT is willing to break the law in Delaware - but is well aware that it is RICO to do such across state lines. So MNAT declined to sue Goldman Sachs and nominated their cohort in crime (Paul Traub). Barry Gold is the President / CEO who had to sign the approval. Thus we have additional counts of Collusion to Defraud the estate - beyond the other crime that MNAT, Barry Gold and Paul Traub all conspired to sell OUT their court approved clients assets to their = Secret Client = Bain Capital/ Kay Bee Toys.
Furthermore, the eToys shareholders asked for permission - as is allowed by Law - to have their own separate attorney. Barry Gold, Paul Traub and MNAT swore to the court that the shareholders were protected. Thus, they then again - Conspired - to defraud the eToys shareholders. This was for 2 goals. Bain Capital avoids the SEC reporting issues when ever it can and Goldman Sachs was doing a classic pump-n-dump.
Basically, the parties believed that they had nefariously seized the entire public company of eToys for themselves. When we reported the Smoking Gun facts and forced the confessions to lying under oath and NON disclosures of (serious) conflicts of interest - The Court was Required by Law (Section 327(a) case of In re Middleton Arms affirmed by US Sup Ct and Third Circuit over Delaware) - to DISQUALIFY the parties.
However, the Law appears not to apply to Goldman Sachs and/ or Bain Capital. Especially when they work together violating ever single bankruptcy fraud statute existing, plus SEC Laws and more.
Fortunately, I am the quirky nerd, pain in the ass - whistleblower. Who also has nothing to lose. Plus, I have not one - but several - Aces in the hole. The first one being the fact that MNAT did engage in Racketeering, when it arranged for Paul Traub (their c0-conspirator) to Prosecute MNAT's secret client (Goldman Sachs) in the STate of New York. A crime that is compounded even further by the fact that MNAT, while lying under oath about Bain Capital and Goldman Sachs - did ask for and receive permission to DESTROY Books & Records. This one item guarantees that the New York Supreme Court must find Goldman Sachs guilty and RE - OPEN the case again.
If we are in any sort of legitimate world!
Of course -that is the BIG question. Do we live as a nation of the Rule of Law - or are we in Anarchy? Can Al Capone "retroactively" retire from his crimes? Of Course Not! Shall we permit Frank Nitti to testify and exonerate Al Capone saying he wasn't there Then? PUHLeasseee!
Mitt Romney was CEO of Bain Capital until August 2001. Though he did try to dupe everyone on this issue - because he owns Clear Channel and 114 million listeners who say a crook is not a crook - simply because he is GOP ( - REALLY?). Mitten's resigned August 2001 - because this whistle blower was silly enough to turn down $850,000 Bribe. Then - on August 2, 2001, a MNAT law firm partner (Colm Connolly) - became the United States Attorney in Delaware. Who then REFUSED to investigate and / or prosecute Goldman Sachs/ Bain Capital and MNAT. That is Colm Connolly refused to prosecute his former partners and their clients. Mr. Connolly is pictured and here is the federal archived record of his Resume showing partner of MNAT in 2001 - the very year the crimes transpired;