In review of the Berber-Moor-Rea-TP defense as proposed here:
1. There never were any kickbacks.
2. There was no conspiracy to fix the securities recommendations with 35 IA's.
3. The kickback conspiracy was legal; we denied it for six years just for fun.
4. If anyone followed the kickback advice then they are a loser trader.
5. Anyone who trusted the kickback IA's, paid them $500/month for advice, is a loser.
6. IA loser clients are fully responsible for being defrauded by a pattern of racketeering activity, after all, these losers CHOSE to trust Berber et al.
7. The discovery process, the laws as we interpret them, will involved the plaintiff providing discovery and answering admissions requests, interrogatories and appearing for lengthy depositions, BUT: we the defendants will answer no questions and provide no documentary information.
8. If we destroyed material evidence or otherwise concealed it during racketeering litigation that's not obstruction of justice and grounds for sanctions in the form of default judgment for the relief prayed for in the complaint, Andersen was criminally indicted for destroying material evidence, former FBI agent Royer was found criminally guilty of conspiring to destroy material evidence, and Hansen pleaded guilty to criminally destroying material evidence, but, where we are concerned, it's really, truly completely different, you see, we earned $525 million but we never kept any records!
9. Berber had no license? Moor had No license? Rea had no license" TP had no license? - Er, no comment.
10. If all else fails, we demand the following jury instructions:
The jurors are instructed to retire to the jury room, where chalk boards have been made available, and to compose, once for each one of the several million kickback-corrupted IA securities recommendations, "Trust the defendants; you're a loser. Traders deserved to be defrauded. Long live the Enterprise!" When you have finished, the Court will wish you a very Happy New Year 2025. |
