To: Dave O. who wrote (90233 ) 1/27/2005 3:57:24 PM From: olivier asser Respond to of 122087 BTW, Dave, if Merrill, Goldman or Morgan Stanley exercised influence and control over a client, was involved with a client in a relationship of trust, and then advised a client to trade high-risk, high-volume strategies that they knew would lead to the clients' ruin, only so that they would be enriched by brokerage commissions, then they would be facing fraud claims for what is known as churning. However, in the above scenario, at least the client would have the capacity to know that the same broker giving the advice had a commission interest-------------->DISCLOSURE. In my case, and that of thousands of other clients of the trading sites, not only Trading Places, no one ever disclosed to us that there were arrangements calling for huge kickback payments from the Berber to the sites. These payments were made as consideration for the volume TP generated through its clients for Berber. Now, if anyone had known about this, then we would have known that TP had an interest in quantity of recommendations over quality. But no one ever told us - with good reason, because if anyone had known about this then the scheme would never have succeeded. The non-disclosure was critical. And if not disclosing these arrangements was not known by Berber, Moor and Rea to be a critical element of the scheme, then Rea would not have sworn under oath in state and federal court that they never existed, and Berber and Moor would not have claimed that these are just "unsubstantiated and outrageous allegations of a kickback scheme" in federal court. Very foolish to file a denial like that before being required to file a comprehensive answer to the complaint, for after they filed that statement I filed a copy of the kickback contract. Then they backpedaled fast and claimed that this pattern of bribery was all just "advertising." A lawyer I spoke to in the summer was incredulous when I related this train of events, stated the denial can and should absolutely be used against them at trial, and that the advertising argument was high comedy - he had tears in his eyes laughing. The defendants therefore know very well how serious these allegations are, and the hot water in which they'll land when I prove them at trial, therefore all the denials, the evasion, the filing multiple motions to avoid giving an answer, the destruction of documents, the list goes on and on. So, after years of this chicanery, I am looking forward to arguments by these criminals that, when I prove this conduct, it was all fine and above-board. When they make that argument, their own previous denials will cause them some problems, contradict those tactics right then and there.