Monday, June 02, 2008

FRAUD ON THE COURT: Complete Oversight Testimony of Mary Powers, Esq.

Sunday, February 05, 2006

Bankruptcy Judicial bias against Pro Se litigants

In re: etoys 01-706 DE Bankr Dist we ( a shareholder and myself) have proven over 100 counts of perjury, false oaths, false declarations, MisPrison, violation by the US Trustee of 28 USC 586(a)(3)(F), along with Judicial failure to comply with the federal Judicial Canon's of Conduct and 28 U S C 3057(a).

The proof, even for a whistleblower such as I, is black & white within the Public Court record,,, such as during the hearing of March 1, 2005 Traub Bonacquist & Fox, (TBF) the vastly, extensively, experienced bankruptcy counsel for the Creditors Committee did admit that his firm paid Barry Gold 4 separate payments of $30,000 each from Jan 2001 to May 2001. After which time TBF did coerce the Chairman of the Creditors Committee to approve the hiring of a new CEO of the DEBTOR.

That candidate was Barry Gold.

Traub has confessed that he did not disclose to the court or parties of interest this non disclosure, claiming such was "inadvertent".

Both this whistleblower and the Chairman of the Creditors Committee did place Affidavits in the record stating that they were deceived, extensively and deliberatly about the Barry Gold hiring.

The Chief Justice, Her Honor Mary F Walrath and the US Trustee Attorney, Mark Kenney have both refused to refer the matter to the US Attorney's office.

the offending firms,,, TBF, Barry Gold, Xroads, Morris Nichols Arsht & Tunnel, Cartoon, Rosner have all been paid more than $14 million by the use of the conspiracy..

When the whistleblower caused a story to appear in the Wall Street Journal on July 25, 2005.

In what appears to be a retailitory endeavor the Chief Justice then transferred the senior admin claim of the whistleblower over to another justice,,

Susequently that Justice permitted the trial that had been years in the making for the whistleblower to be rescheduled.

Then that same Justice allowed the contingency counsel for the whistleblower to withdraw.

Then that same Justice permitted a Motion by TBF local counsel to dismiss the claim of the whistleblower.

Upon approving the dismissal under Rule 41(b) the whistleblower appealled.

Then the Chief Justice in an apparent manuever to head off the Fraud pleadings in that appeal released the OPINION of October 4, 2005 that allowed TBF to receive a reduce sanction and signed an Order that contained broad based immunity language.

Then both the whistleblower and the shareholder filed separate appeals.

When it was time for those appeals to be filed with the District Court the Bankruptcy court Clerk declined to forward the appeal.

When questioned the Clerk responded there was NO Appeal,, that we were Pro Se litigants and that she was instructed by TBF to wait for motions, that were illegal to dismiss the appeal issues and records.

Upon the whisteblowers endeavor to call around to halt the illegal process a threat occurred.

The Whisteblower then contacted the FBI as Tampering with a Viction or Witness falls under their jurisdiction.

Unknown to the offending parties the shareholder was driving across country to appear at the improper hearing.

A rare occurence of an Armed US Marshall met with the shareholder and the motions were immediately rejected.

Then the appeal, nearly two weeks late, was transmitted.

This whistleblowing appeallant and the shareholder have testified, under penalty of perjury to the facts of the Fraud.

Yet the Judge and Trustee refuse to refer the matter to the US Attorney's office even though the LAW orders such to occur.

While those of you that read this think it is just one case of a Judge protecting her friends for what ever the reason may be.

Be aware of these facts

RR Donnelley and Goldman Sachs divested themselves of each other after they were made aware that we were aware of their non disclosures,,, that divestment was of $350 million.

Lawrence Friedman the Chief Administrator in Washington D C of the US Trustee Office gave us his personal word all would be addressed.

Then Paul Traub hired former Federal Judge James Garrity of NY and MarkKenney made a deal to slap the wrist of TBF and let Barry Gold go free.

Then we complained to Lawrence Friedman that he was failing to keep his word.

Then Lawrence Friedman "Resigned"

Lawrence Friedman replaced the Region 3 Trustee of Roberta DeAngelis with Kelly Stapleton.

Frank Perch the Asst US Trustee who hired Mark Kenney resigned from DE

Then this whistleblower pointed out in the KB Toys case that similar non disclosures were occurring... whereupon Kelly B Stapleton and Mark Kenney defended TBF..

The Judge in the KB Toys case was replaced the next day.

What does Enron, eToys, Kmart, Bonus Sales, Sears HomeLife Stores, Adelphia, Levitz, the Wiz, Wisconsin Toy, Jumbo Sports, BAIN, Stage Stores, Liquidity Solutions, TWA all have in common

TBF!