Wednesday, November 5, 2008

Chapter 7 Panel Trustee, Sonya Salkin Referred to the U.S. Trustee for Fraud

October 10, 2008

Mr. Donald F. Walton
United States Trustee
75 Spring Street, S.W.
Room 362
Atlanta, Georgia 30303

Re: Chapter 7 Panel Trustee Sonya Lorraine Salkin

Dear Mr. Walton:

Sonya Salkin was the Debtor’s Counsel in the Baron’s bankruptcy, Case No. 97-25645-PGH-BKC.

An attorney retained by the trustee, or debtor in possession, who assists with the collection of the assets of the estate, must abide by the highest professional standards. “Not honesty alone, but the punctilio of an honor the most sensitive is the standard of behavior. An attorney’s duty goes beyond not merely putting false evidence before the court; the duty is greater – the lawyer has a duty to not make misrepresentations to the court.

In February, 2008 it came to the attention of Baron’s and its creditors that the Plan upon which Baron’s was confirmed upon was accomplished using falsified documents. (Exhibit 1) This fact was further substantiated in May, 2008 by Michael G. Kessler, a forensic document expert when he declared, under oath, that the Amended Joint Plan of Liquidation and the Amended Disclosure Statement in the Baron’s bankruptcy was falsified. (Exhibit 2)

Sonya Salkin, having knowledge of the fraudulent documents and the sworn declaration of a forensic document expert has failed to take remedial action both in the state court proceeding where she is a defendant in a legal malpractice action and in the bankruptcy
court where she remains a United States Chapter 7 Region 21 Panel Trustee. Ms. Salkin has not refuted the sworn declaration of Michael G. Kessler. Furthermore, Ms. Salkin is using what she knows to be falsified documents to support a Summary Judgment Motion in the legal malpractice action where she and her firm are defendants.

Ms. Salkin is in violation of Florida Bar Rule 4.3.3 Candor Toward the Tribunal – False evidence.

Ms. Salkin is also in violation of State Criminal Statute §831.02 – Uttering Forged Documents.

By Ms. Salkin having full knowledge that the documents confirming the bankruptcy of Baron’s have been declared falsified, Ms. Salkin has been participating in committing a felony under §831.02.

Ms. Salkin is also in violation of Federal Criminal Statute 18 U.S.C. §4 – Misprision.

“Whoever, having knowledge of the actual commission of a felony…conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States” is guilty of misprision of felony and can be punished with up to three years of prison.

Ms. Salkin is the attorney who signed off on the fraudulent documents in the bankruptcy of Baron’s. Ms. Salkin has taken affirmative steps to conceal the fraudulent documents from the Court, the Debtor and the Creditors.

Considering the magnitude of the wrongdoing of Ms. Salkin, not only as an attorney who should be held to the highest fiduciary standards, but also the fact that Ms. Salkin was, during the bankruptcy proceedings of Baron’s, and remains a United States Region 21 Chapter 7 Panel Trustee, Ms. Salkin must be immediately suspended from her duties until a full investigation as to her participation, perpetration, execution and submission of fraudulent documents in the bankruptcy proceedings of Baron’s has been completed

I trust that this matter will be a priority in the U.S. Trustee’s office.

Very truly yours,

Meryl M. Lanson
Telephone: 561-488-2740
Facsimile: 561-488-2861

Enclosures: Exhibit 1 and Exhibit 2 (as stated herein)

cc: - United States Attorney General Michael B. Mukasey
- Special Agent Jeff Danik – Federal Bureau of Investigation
West Palm Beach, Florida (without Exhibits as already in possession of)
- Theodore P. Littlewood, Jr., Esq., - The Florida Bar (without Exhibits as already in possession of)