SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Pastimes : Brokerage-Chat Site Securities Fraud: A Lawsuit -- Ignore unavailable to you. Want to Upgrade?


To: Kevin Podsiadlik who wrote (3120)6/17/2005 1:37:53 PM
From: olivier asser  Read Replies (1) | Respond to of 3143
 
I'm going to make a statement about that PA federal court order. In August, 2003 I filed claims against a number of defendants for RICO violations. One of them was Robert L. Bentley, known as "bentleyfin" at Trading Places. Bentley had his assets and those of his companies, Bentley Financial, Inc. and Entrust Group, Inc., frozen by SEC for carrying out a $300+ million Ponzi scheme, whereby he sold what he on paper claimed were federally insured CD's when in fact they were "insured" by no one but Bentley and his companies. Considering later events, consider this:

I DREW SEC'S ATTENTION TO BENTLEY BEFORE SEC TOOK ACTION.

I DIRECTED SEC AND THE RECEIVER TO BENTLEY'S OFFSHORE ASSETS IN THE TURKS AND CAICOS.

I RECEIVED SEVERAL LETTERS FROM SEC STAFF COUNSEL EXPRESSING THEIR GRATITUDE FOR MY ASSISTANCE IN THEIR PROSECUTING CIVIL CLAIMS AGAINST BENTLEY.


Instead of Bentley responding to the action I filed, SEC, the Receiver and believe it or not Bentley sought an order declaring my claims against Bentley time-barred - except they filed that in Pennsylvania, which is an odd place to respond to a lawsuit filed in Virginia federal court, an end-run as it were. The time-bar is a result of claims against the Bentley Estate being given 90 days for filing, that's it. I have indications that the Receiver and SEC have deliberately withheld evidence of Bentley employing $117 million of the Ponzi scheme funds to trade a brokerage account against TP clients, front running the calls. In fact, curiously, one of the Receiver's attorneys actually directly threatened me in connection with the lawsuit - demurrer now overruled - I filed against Virginia tax officials. The end result was that the PA court declared my claims time-barred and ordered me to file a motion to dismiss them. Curiously, Berber and Moor filed a request for judicial notice of the PA order, without which it has no legal effect in VA. Judicial notice was never granted by the Virginia federal court. Then the Chief United States Judge ordered me to file an amended complaint. Following his order, I did. It is then that the PA court declared me in contempt.

So, I assist SEC and this is how I am paid back, more than likely because SEC at convenient times for its attorneys' chances to move on to lucrative jobs working at investment bank legal departments is not exactly all over brokerage fraud, especially when it moves high up the ladder. We have seen that play out through the efforts of Eliot Spitzer and his staff. Gretchen Morgenson has all but called SEC, in public NY Times columns, inimical to the public interest. She questioned whose side SEC is on - and Gretchen is a recent Pulitzer-Prize winner.

Judge Fullam in PA asserted jurisdiction over me, he claimed, by virtue of the claims I filed in Virginia against Bentley, which claims SEC oddly never filed. I'm sorry to be direct about this, but Judge Fullam's ruling does not comport with constitutional due process. Therefore, in due course, when I have the time, I am going to file a petition for a writ of mandamus in an appellate court to have the contempt order quashed. I have no connection whatsoever to Pennsylvania, let alone the minimum contacts required to comport with due process. I never lived there, never did business there, nor did I ever have property or assets there.

Judge Fullam's order directly conflicts with the order of a Chief United States Judge in a parallel court. I can be held in contempt by a judge hundreds of miles away in Pennsylvania for following the orders of the Virginia judge presiding over my claims? When PA has no jurisdiction over me? We'll in due course see how an appellate court views that order.



To: Kevin Podsiadlik who wrote (3120)6/23/2005 4:14:36 PM
From: Yogizuna  Respond to of 3143
 
I have Firefox on my computers, but only use it as a backup at the current time. Thanks for the heads up though.