to date you have not even had to prove that anybody did anything illegal or even unethical.
And why is that? Not my choice; Berber and Moor are responsible for now nearly three years of constant delays. Now, if Berber and Moor would after nearly three years, rather than constantly abusing the judicial system to evade their day of reckoning, finally actually file an answer to my allegations, then I promise you that I can certainly prove rampant illegal activity, not just isolated incidents, but a carefully planned, coordinated and executed scheme involving hundreds of co-conspirators. In fact, Berber and Moor in Virginia federal court, attempting to prejudice my claims in pre-trial proceedings, actually filed an effective denial, when they in pleadings called my claims "unsubstantiated and outrageous allegations of a commission kickback scheme." That was most very unwise, a denial I'm certainly going to use against them, because: (1) my claims are substantiated; and (2) Berber and Moor have been so very kind to themselves agree that when I substantiate my allegations then their conduct was truly outrageous, in their own words, no avoiding their own words now is there. I responded by filing a kickback contract. I guess they didn't realize I managed to find one, their best efforts to conceal their criminal activities regardless. Then what do they say in their next filing in Court? This: "the commission kickback scheme appears to involve advertising." Now I've learned that Courts prefer less colorful descriptors most of the time, but early on in Texas I reviewed the above and stated that "no doubt Al Capone would have similarly described his kickbacks to corrupt police officers and officials - 'bootleg advertising.' " I thought that was pretty funny but the Court didn't agree when it ordered me to file an amended complaint, so I heeded the order and filed a complaint stripped of any of those kinds of comparisons, hopefully detailing the facts without opinions. Rea, Berber and Moor's RICO co-defendant on 10/16/04 sent me an e-mail describing an Austin, Texas meeting during which Berber and Moor described their kickback plans, in fact producing a printout showing that TP clients provided them SEVENTY-EIGHT PERCENT OF THEIR REVENUES.
the hassle factor of having a crazy man in their life
"Hassle." That is funny.
Member 9096793
1/17/05 your alias was created and all posts directed at this action. Are you one of Berber, Moor and/or Rea's multiple personalities? Still, I wouldn't call you crazy; no, the use of aliases to defraud the public was carefully and thoughtfully planned, Berber and Moor were in complete control, mental problems are not the reason (though immorality and disrespect for our laws played a role). We'll see if my allegations are "crazy." If they were, then I wonder why Berber and Moor have for nearly three years scrupulously evaded giving any answer? Why wouldn't they simply say they never did anything I have alleged? Why not come before a jury, with all the advantages they have, their wealth and their legal team up against one trader representing himself, and call me crazy before the jury, and then let the jury decide what the truth of the matter is? We could have done that years ago, but no, Berber and Moor appear very concerned about discovery and trial.
it would have come to light by someone other than/in addition to you.
Not quite. As their own staff attorneys informed me, SEC's subpoena powers are much more limited than those available in civil proceedings brought by a member of the public. I sued based on SEC's advice to file a civil action rather than await SEC action.
I have alleged years of fraudulent concealment, which includes lying under oath to Congress, SEC and the Courts.
If you want to see an example of how the wealthy and powerful can forestall and prevent the truth coming out not just for 6 years but nearly 60, then read the following:
usdoj.gov
It's interesting that Berber and Moor employed many schemes similar to those in the above tobacco litigation:
(1) phony research hiring so-called experts paid off in advance to deliver the false research that their products were not injuring their targets;
(2) an independent arm established to counter Congress and regulators, to disseminate false claims to the public;
(3) use of the mails and wire to orchestrate the scheme, bombarding the public with false information regarding their products; and, not least
(4) targeted marketing that planned for the destruction of long-time users of their products and their replacement with inexperienced new victims, and when they were inevitably destroyed, their replacement with new victims - that's right: Berber and Moor knew their clients would be wiped out, so they had to plan for their replacement with a fresh stream of "newbies" they could then target for ruin
If Berber and Moor were not very afraid of the light, maybe they would have answered my allegations at any time these past three years, voluntarily, rather than battling it out, completely unwilling to answer and engage in discovery and trial until a federal judge finally says enough is enough, now you're going to answer these allegations, and if Mr. Asser made it all up, then he's going to be punished with severe sanctions, but if it's true then Messrs. Berber and Moor will be. In fact, the latter Judge Sparks has already ordered: sanctions are guaranteed against one side in this action.
Personally I would be pretty "sue happy" if I had been able to squeeze 300K or so out of all these defendants over the past couple of years.
Under no circumstances am I going to engage in a discussion of any agreements I might have made with any individuals or entities, except to tell you that if I did, a driving force behind that was the extraordinary cost of this litigation, costs that I have borne alone, without any help from either law firms or other traders.
Now, by any chance are you related to, or do you share a multiple personality "disorder" with, Edward Collins? Philip Berber naming one of his numerous aliases after an Irishman who came to America to take on those "third-generation" Cunarders was too clever by half. (Berber is Irish. In fact, on his so-called charity website he compared himself to Bono and U2, boasting of his wealth - odd for a purported philanthropist to be boasting that way but go figure. This is of course when Berber wasn't busy comparing himself to Mother Theresa on CNBC and Fox News, or calling God "the Great Investment Banker in the Sky" who told him to do what he did.) |
