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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?

To: Dave O. who wrote (90384)	1/28/2005 12:19:57 PM
From: olivier asser	Respond to of 122087

I'll correct you. I never filed any claims nor any motion whatsoever in PA federal court. I was never ordered to pay attorney's fees. Had the law firm and the receiver filed such a motion then as I warned them they would have faced a lawsuit from me. The contempt order resulted after a number of events. 1. I file a lawsuit in Virginia federal court against a number of parties including Bentley for illegal insider trading 2. I speak with counsel representing the receiver who requests I send him information, stating that we could cooperate, he agrees 3. Receiver counsel then turns around and files a motion to declare my claims against Bentley subject to a 90-day time bar not in Virginia where my claims are pending but in Pennsylvania federal court (hence why I said end-run around my claims) 4. I appear specially, i.e. not consenting to jurisdiction, by filing evidence that counsel to the receiver fraudulently concealed evidence relating to Bentley's insider trading at TP through offshore accounts 5. PA court rules that it has jurisdiction over my VA claims without notifying the VA court, though I've never in my life lived in PA, done business there or consented to PA jurisdiction, and deems my claims time-barred 6. For whatever reason, Berber and Moor file the time-bar order, requesting that the order be judicially noticed by the VA court, without which the order has no binding legal effect on VA litigation 7. The VA court does not judicially notice the PA order 8. I am granted without restriction leave to file an amended complaint by the VA court, which I do 9. Receiver counsel and Bentley file to have me held in contempt of court in PA for filing the amended complaint 10. I wrote a letter to PA judge questioning his jurisdiction and stating that the amended complaint was filed under the authority of Chief United States Judge Claude M. Hilton's December 3, 2003 order requiring I file an amended complaint 11. PA court holds me in contempt of its time-bar order 12. I warn receiver counsel that an appeal and then lawsuit will be filed if any further action is requested 13. I decide I have enough on my plate against Berber, Moor and Rea so file a notice of dismissal in VA 14. VA court clerk calls me stating the notice is inadequate because I do not specify the rule under which it is filed; i.e. voluntary dismissal 15. I respond that this is not voluntary and will not file a voluntary dismissal 16. I then file a motion for involuntary dismissal, which months later is finally recognized and granted I had good grounds to appeal that time-bar order. The time-bar is a direct-result of receiver counsel withholding evidence from a federal court. But, you cannot win them all so I moved on. The receiver and counsel apparently agreed this was the best course of action; otherwise, no doubt they would have filed for attorney's fees, I would have sued them for fraud and we would be likely still engaged in litigation. I'm disappointed Bentley has not been punished for his insider trading, but sometimes you have to make decisions in litigation. Claims against Berber, Moor, Rea and Trading Places are more important than any others, so I'm focusing on that. Hope that answers your questions.