Re: Request for RICO Investigation

October 30, 2007

Mr. R. Alexander Acosta
United States Attorney for the Southern District of Florida
99 Northeast 4th Street
Miami, Florida 33132

FEDERAL EXPRESS AND REGULAR MAIL

Re: Request for RICO Investigation

Dear United States Attorney Acosta:

It is my belief that I am a victim of Criminal RICO violations that occurred in the bankruptcy of Baron’s Stores, Inc., Case No. 97-25645-BKC-PGH.

This bankruptcy which was filed on September 9, 1997, and closed on December 10, 1999, was the subject of an evidentiary hearing that took place in January, 2007 before Judge Paul G. Hyman, Jr. The evidentiary hearing was ordered by Judge Hyman based on an Emergency Motion which I filed, Pro Se, alleging that “fraud on the court” had been perpetrated by three attorneys - Ronald C. Kopplow, Esq., Marc Cooper, Esq. and Sonya Salkin, Esq.[1] during the opened bankruptcy period. The evidentiary hearing resulted in a finding by Judge Hyman that no fraud on the court had occurred. That finding is now on Appeal before the Honorable Cecilia M. Altonaga, Case No.: 07-cv-60770-ALTONAGA/TURNOFF.

In addition to all the evidence presented at the evidentiary hearing, new information has been discovered, through contact with other individuals having proceedings before Judge Hyman, that leads me to request a racketeering enterprise investigation be initiated. I fully recognize that this is a sensitive criminal matter involving corrupt action by a bankruptcy judge.[2] That being said, facts or circumstances reasonably indicate that Judge Hyman, Ronald Kopplow, Marc Cooper and Sonya Salkin are engaged in a pattern of racketeering activity as defined in the RICO statute, 18 USC §1961 (5). I have evidence that criminal acts have been committed by Judge Paul G. Hyman, Jr., Ronald C. Kopplow, Esq., Marc Cooper, Esq. and Sonya L. Salkin, Esq. Indictable acts under the following provisions of Title 18, United States Code sections:

1503 Obstruction of Justice
1510 Obstruction of Criminal Investigation
1952 Racketeering (Criminal acts of judicial misconduct, fraud on the court, perjury, violations of the Borah Act, and Misprision by a U.S. Trustee [3]and other members of the bankruptcy bar[4] in addition to other Part 1, Crimes under Chapter 9 - Bankruptcy are part and parcel of the Racketeering activity).

I believe this constitutes a criminal RICO violation because:

- The criminal acts constitute a “pattern” of criminal activity because they are related and continuous.

- The criminal acts are related because they involve the same victims, the Debtor, Baron’s Stores, Inc., and the Creditors of Baron’s Stores, Inc.

- The criminal acts are committed in the same method - i.e. with the assistance of Judge Paul G. Hyman, Jr. through obstruction of a criminal investigation and obstruction of justice.

- The criminal acts involve the same participants - Judge Hyman, Kopplow, Cooper and Salkin.

- The criminal acts are continuous as they have occurred over a substantial period of time, at least since August 31, 1998 and pose the threat of indefinite duration as the criminal behavior is ongoing and is evidenced as late as January, 31, 2007.

- This is a criminal enterprise of associated individuals - Kopplow, Cooper and Salkin, and their facilitator, Judge Paul G. Hyman, Jr. These are three unrelated attorneys but for this enterprise. The Judge is unrelated but for allowing and thereby facilitating the criminal acts of these associated individuals.

- The common purpose is illegal enrichment at the expense of the Debtor and the Creditors.

This criminal enterprise is wholly analogous to the Mafia. Judge Hyman operates as the Godfather while the racketeering activity is carried on in his Court with his knowledge, acquiescence and protection.

I am familiar with the E.S. Bankest/Banco Espirito Santo matter, wherein you were quoted as saying after the sentencing of Hector Orlansky that the “20-year sentence is an important benchmark to our business community that honesty and integrity in commercial dealings must be protected, and that those who cheat face serious consequences” and “those who break the law for their personal or business advantage will face serious consequences. Justice was served.” I hope greater attention will be given this matter because when members of the legal profession, and more incredibly those that serve in the judiciary, abuse their position to protect themselves and their cronies, while destroying the lives of hard working innocent people nothing less than the harshest of punishments should be pursued.

In addition to this request for a RICO investigation, on October 8, 2007, I filed a Judicial Complaint against Judge Paul G. Hyman, Jr. in the 11th Circuit Court of Appeals alleging judicial misconduct that encompasses all of the facts and circumstances related to Judge Hyman’s misconduct in the bankruptcy of Baron’s and in the reopening of the bankruptcy for “fraud on the court” up to and including the three day evidentiary hearing. I have taken the liberty of enclosing a copy of the Complaint along with the Statement, Witness List and Exhibit List. The Exhibits are available to you and will be produced immediately upon your request.

Very truly yours,


Meryl M. Lanson

Enclosures: Judicial Complaint against Judge Paul G. Hyman, Jr. including Witness List and Exhibit List

cc: Clifford J. White, III, Director
Executive Office for United States Trustees, Washington, D.C.





[1] Sonya Salkin is also a Region 21 Panel Trustee and has been at least since 1997.
[2] I am fully aware of the connections, “political” or otherwise and enumerate those I am aware of herein. In or about 1979, Judge Hyman was an Assistant United States Attorney for the Southern District of Florida. Marc Cooper’s law partner at Colson Hicks, Roberto Martinez, was the United States Attorney for the Southern District of Florida from 1992 - 1993. In addition, Marc Cooper’s law partner at Colson Hicks, Dean Colson, was a law clerk for the late Chief Justice of the United States Supreme Court, William H. Rehnquist. Furthermore, Mr. Colson served along side the now Chief Justice of the United States, John Roberts, and also served as Chief Justice Roberts best man at his wedding
[3] Ramona Elliott, the Assistant U.S. Trustee for Region 21 in the bankruptcy of Baron’s, remained silent during the proceedings even though having knowledge of criminal activity. Ramona Elliott is currently employed within the Trustee Program at the Executive Office for United States Trustees in Washington, D.C.
[4] Other members of the bankruptcy bar who remained silent appear on the Witness List attached to my Judicial Complaint against Judge Paul G. Hyman, Jr.

Judicial Complaint Form

JUDICIAL COUNCIL OF THE ELEVENTH CIRCUIT

COMPLAINT OF JUDICIAL MISCONDUCT OR DISABILITY
UNDER CHAPTER 16

To file a complaint of judicial misconduct or disability, please answer all of the questions on this form and send three copies in an envelope to the Clerk, United States Court of Appeals, 56 Forsyth Street, N.W. Atlanta, Georgia 30303. Please write “Chapter 16 Complaint” on the envelope. Do not write the name of the complained-of judge on the envelope. This complaint must be legible; if possible, it should be typewritten. For other details, see Rules of the Judicial Council of the Eleventh Circuit Governing Complaints of Judicial Misconduct or Disability.

CONFIDENTIAL

IN THE MATTER OF A COMPLAINT FILED BY:

Meryl M. Lanson, Complainant

AGAINST:

Honorable Paul G. Hyman, Jr.
United States Bankruptcy Court, Southern District of Florida, West Palm Beach Division


1. Does this complaint concern a particular lawsuit? Yes

If yes, please provide the following information about the lawsuit. (If more than one lawsuit is involved, use additional pages, as necessary.)

United States Bankruptcy Court, Southern District of Florida, Fort Lauderdale Division – later transferred to West Palm Beach Division

Case No. 97-25645-BKC-PGH

Appeal in United States District Court, Southern District of Florida, Miami Division

Case No. 07-60770-CIV-ALTONAGA/Turnoff

What is (or was) your role in the lawsuit?

Party (including pro se)

Please provide the name, address, and telephone number of your attorney in this lawsuit:

2. Have you filed a lawsuit against the judge? No

If yes, please provide the following information about the lawsuit. (If more than one lawsuit is involved, use additional pages, as necessary.)

3. On separate sheets of paper, no larger than the paper on which this form is printed, please describe the evidence of misconduct or disability that is the subject of this complaint. Do not use more than five single-sided pages.

4. Sign your name.

I declare under penalty of perjury that I have read Rule 1 of the Rules of the Judicial Council of the Eleventh Circuit Governing Complaint of Judicial Misconduct and Disability, and that the statements made in this complaint are true and correct to the best of my knowledge.

Meryl M. Lanson/Signed October 8, 2007
_____________________________ _______________________
Signature of Complainant Date

Complaint Against Judge Hyman

The Honorable Paul G. Hyman, Jr. presided over the 1997 bankruptcy of Baron’s Stores, Inc. The Final Decree was issued on December 10, 1999. On March 11, 2005, I, Pro Se, filed an Emergency Motion to Reopen the bankruptcy of Baron’s Stores, Inc. for “fraud on the court” for failure to disclose under Bankruptcy Rule 2014[1]. On April 7, 2005, Judge Hyman reopened the bankruptcy of Baron’s in order to determine if “fraud on the court” for failure to disclose had been perpetrated by three attorneys[2]. Judge Hyman made all the rulings in the 1997 bankruptcy of Baron’s. In 2005, he reopened the case, denied Summary Judgments, and in 2007, presided over the evidentiary trial. The same Judge, who was defrauded, now was in position to correct the rulings he previously made. Instead of doing what was just and right, under the law, as is his duty, Judge Hyman chose to reinvent the Rules of the Bankruptcy Code enacted by Congress so that he could protect certain attorneys[3]. It obviously was too difficult for him to effect the prosecution of attorneys who appear before him on a regular basis. By reopening the bankruptcy, Judge Hyman opened “pandora’s box.” When he saw what lay inside at the evidentiary trial, and the magnitude of the wrongdoing, including his own, in addition to other lawyers involved in the cover-up, he chose to close the box rather than release the secrets. Judge Hyman has failed to maintain the integrity of the judicial process by refusing to correct errors contained in his Orders. As a result, he continues to deprive interested parties their right to object and be heard - violating due process. I was determined to investigate what secrets remained and how and why a decision of “no fraud on the court” could be made. My examination of the documents and understanding of the Rules un- covered the judicial misconduct, bias and impropriety of Judge Paul G. Hyman, Jr.

“Professionals must disclose all connections with the debtor, creditors and parties in interest, no matter how irrelevant or trivial those connections may seem. The disclosure rules are not discretionary. The Bankruptcy Court does not have authority to allow the employment of a professional in violation of 327, and the employment is void ab initio. Until proper disclosure has been made, it is premature to award fees for two reasons. First, the Bankruptcy Court cannot exercise its discretion
to excuse non-disclosure unless it knows what it is excusing. Second, employment is a prerequisite to compensation and until there is proper disclosure it cannot be known whether the professional is validly employed. The Bankruptcy Court cannot simply disregard those rules and instead award compensation under quantum meruit or other state law theories. Lack of Rule 2014 Statement “necessitates vacating the employment order.” The Bankruptcy Court has broad discretion to approve employment and award fees after the true facts are known but not when the attorney does not make a full, candid, and complete disclosure. The Bankruptcy Rules do not give the Bankruptcy Court any discretion to waive the requirement of a Rule 2014 Statement.[4]


A Federal Judge must abide by a Canon of Ethics. In the matter of Baron’s, Judge Hyman violated the Canon of Ethics by failing to maintain the honesty, sincerity, uprightness and independence of the judiciary. These lapses of integrity display a pattern of improper activity. Judge Hyman has had many opportunities to correct these lapses and has failed to do so. The failures would lead one to believe that these lapses are intentional. The improper activity has had detrimental effects on not only me, but all interested parties, including but not limited to the creditors and employees of Baron’s Stores, Inc. Following is a series of improper activity and/or judicial misconduct on the part of Judge Paul G. Hyman, Jr. in the bankruptcy of Baron’s:

1) Judge Hyman violated the Bankruptcy Code and Bankruptcy Rules by waiving the requirements enacted by Congress[5] (Ex. A, B, C, D)

2) Judge Hyman hired professionals under a General Retainer Agreement (Ex. B) and paid them under a Contingency Agreement including pre-petition costs (Ex. E)

3) Judge Hyman waived the requirement of Bankruptcy Rule 2016 (Ex. E)

4) Judge Hyman paid a conflicted attorney whom, by his own admission, represented the Unsecured Creditors Committee and was defacto Debtor’s Counsel (Ex. F)

5) Judge Hyman denied me due process by ignoring my Affidavit whereby alerting the Court to the conflicts of interests of the attorneys (Ex. G)

6) Judge Hyman signed an Order containing false information pursuant to the hearing on my Affidavit (Ex. H)

7) Judge Hyman bifurcated the case into liability and remedy after liability was established by the attorneys “admission against interests.” Judge Hyman ignored the admissions by the attorneys thereby preventing me from discovery of nineteen witnesses who knew or should have known about the intent of the attorneys’ fraud (Ex. B, C, I)[6]

8) Judge Hyman ignored my request for fiduciary assistance on behalf of a bereft Debtor, and caused me further financial damage (Ex. J, K)

9) Judge Hyman acted as a witness at the evidentiary trial (Ex. L)

The very protection the Court has from appointing professionals in bankruptcy cases are the Rules of Disclosure enacted by Congress to protect honest debtors and creditors from professionals who choose to play fast and loose with the Court. Examining the history of Congress reveals that it knew the problem existed, especially in the bankruptcy courts, and thus stated its concerns in the Matter of Arkansas Co, (3dCir.1986).

“It is significant that Congress chose to place the requirement of court approval for the employment of an attorney, accountant, or other professional directly in the Bankruptcy Code in 1978. 11 U.S.C. 1103(a). The legislative history makes clear that the 1978 Code was designed to eliminate the abuses and detrimental practices that had been found to prevail. Among such practices was the cronyism of the “bankruptcy ring” and attorney control of bankruptcy cases. In fact, the House Report noted that “in practice...the bankruptcy system operates more for the benefit of attorneys than for the benefit of creditors.”

Congress’ fear as stated in the Matter of Arkansas Co. became a reality in the bankruptcy of Baron’s. What Congress could not have imagined was that the Court itself would engage in the “cronyism” by protecting certain members of the bankruptcy bar rather than protect the public from such “cronyism.” The Federal Courts have the power to improve or destroy the lives of individuals, including through precedents, the lives of millions of Americans. It is the duty of the Judicial Council to fully and impartially investigate my allegations so that I and the public will be confident that a fair process does exist when a Grievance is filed against a Federal Judge with oversight by the Federal Judiciary.




[1] Rule 2014 of the Federal Rules of Bankruptcy Procedure states, in pertinent part: (a) Application for an Order of Employment An order approving the employment of attorneys, accountants, appraisers, auctioneers, agents, or other professionals pursuant to § 327, § 1103, or § 1114 of the Code shall be made only on application of the trustee [or debtor in possession] . . . . The application shall state the specific facts showing the necessity for the employment, the name of the person to be employed, the reasons for the selection, the professional services to be rendered, any proposed arrangement for compensation, and, to the best of the applicant's knowledge, all of the person's connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States trustee, or any person employed in the office of the United States trustee. The application shall be accompanied by a verified statement of the person to be employed setting forth the person's connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States trustee, or any person employed in the office of the United States trustee. Fed. R. Bankr. P. 2014. In re Jennings, 199 Fed.Appx. 845 (11th Cir. 10/04/2006)
[2]Ronald C. Kopplow, Esq., Marc Cooper, Esq., Sonya L. Salkin, Esq. It should be noted that Sonya Salkin is also a Region 21 Panel Trustee.
[3]It is amazing that on December 1, 2004, Judge Hyman found that Linda Walden, a “creditor elected Trustee” and CPA committed perjury and fraud on the court on a minuscule fraction of evidence compared to what three attorneys did in the bankruptcy of Baron’s. It should be noted that Ms. Walden is not a Region 21 Panel Trustee and obviously did not enjoy the preferential treatment afforded attorneys by this Court - In Re: James Walker, Case No. 03-32158-BKC-PGH.
[4]In re Triple Star Welding, Inc., 324 B.R.778 (9th Cir. 04/28/2005)
[5]In re Triple Star Welding, Inc., 324 B.R.778 (9th Cir. 04/28/2005)
[6]In the Motion for Protective Order it is stipulated by the attorneys that they did not make disclosure to anyone. At the hearing on the Motion for Protective Order it is again stated that the attorneys did not make disclosure to anyone, and yet Judge Hyman failed to address the attorneys’ “admission against interests.” Such admission should have caused Judge Hyman to be outraged that he was defrauded by the attorneys in 1997 when he appointed them and paid them approximately $1 million in fees and costs, (including pre-petition costs) pursuant to the attorneys averment that they complied with Bankruptcy Rule 2014, and now, more than nine years later, they have admitted that they never complied with Rule 2014 under Bankruptcy Code 327. Such admission should have caused Judge Hyman, Sua Sponte, to deny the attorneys’ Motion for Protective Order so that the intent of the attorneys’ fraud on the court could be explored through discovery of the nineteen witnesses I wanted to depose. The Judicial Council should be quite concerned as to why Judge Hyman did not take immediate and appropriate action to protect the bankruptcy process and the integrity of the Court.

Complaint against Judge Hyman Witness List

COMPLAINT AGAINST HONORABLE PAUL G. HYMAN, JR.
WITNESS LIST[1][2]

1) Honorable Paul G. Hyman, Jr.

2) Clerk of the Court - United States Bankruptcy Court, Southern District of Florida, Fort Lauderdale Division and West Palm Beach Division

3) Heidi Feinman, Esq. Office of the United States Trustee Region 21

4) Sonya L. Salkin, Esq.

5) Ronald C. Kopplow, Esq.

6) Marc Cooper, Esq.

7) Alan J. Perlman, Esq.

8) Lawrence C. Gottlieb, Esq.

9) Joel Tabas, Esq.

10) Richard E. Brodsky, Esq.

11) Steven Eisenberg, Esq.

12) Ramona Elliott, Esq.

13) Francis Carter, Esq.

[1]I reserve the right to call as a Witness any and all Experts and/or Professors that I deem necessary to substantiate the Judicial Misconduct of The Honorable Paul G. Hyman, Jr.
[2]I further reserve the right to call members of Congress who were responsible for enacting legislation pursuant to Bankruptcy Code 327 and Rule 2014.

TABLE OF CONTENTS - EXHIBITS[1]
JUDICIAL COMPLAINT AGAINST HONORABLE PAUL G. HYMAN, JR.

EXHIBIT/DOCKET NO.[2] (DESCRIPTION)

A - 343/344 - (Interrogatories by Special Counsel Response to Interrogatories)

B - 415 - (Motion for Protective Order by Special Counsel
including Attachments and Exhibits)

C - 452 - (Transcript of September 29, 2006 Hearing on
Motion for Protective Order )

D - 52, 53, 94 [3] - (Order Approving Employment of Ronald C. Kopplow, Order Approving Employment of Marc Cooper, Order Approving Employment of Sonya Salkin)

E - 168 - (Order Granting Motion for Approval of Settlement Of Debtor’s Litigation Against Morrison, Brown, Argiz & Co., P.A.[4] )

F - 243, 268[5] - (Application by Lawrence C. Gottlieb for Creditor Committee for Compensation, and Order Granting Application for Compensation Fees and Expenses - Lawrence C. Gottlieb, Esq. )

G - 222 - (Affidavit by Creditor Norman Lanson, Creditor Meryl Lanson in Opposition to Ronald C. Kopplow’s and Marc Cooper’s Motion to Determine Entitlement to Attorneys’ Fees)

H - 224 - (Order Ruling on Motion to Determine Entitlement To Attorneys’ Fees by Marc Cooper, Ronald C. Kopplow)

I - 447 - (Order Bifurcating Fraud Hearing and Agreed Order Denying Motion for Protective Order)

J - 346 - (Notice of Filing Request for Fiduciary Assistance by Creditor Norman Lanson, and Creditor Meryl Lanson)

K - 414, 418 - (Interim Report No. 1 Filed by Interested Party Meryl Lanson, and Trustee’s Reorganized Debtor’s Interim Report No. 2 Filed by Interested Party) Meryl Lanson

L - 543, 544, 545 (Transcript of January 29, 30, 31, 2007 - Volume I, Volume II, Volume III - Trial[6] Excerpt from Appellee’s Response to Appellant’s Brief which Appellee’s quote Judge Hyman, acting as a witness, during the Trial wherein he presided, indicating he signed the wrong Order)

M[7] - (Plaintiff’s Motion for Combined Evidentiary and “Martinsen” Hearing to Determine that the Defendants Did Willfully Misrepresent Material Facts in Official Court Proceedings in a Way and a Manner to Materially Effect the Litigation Both in the Bankruptcy Court and in the Instant Action)

N[8] - (Plaintiff’s Chronology of Defendants’ Conflicts and Fraud Filed as a Supplement to: Plaintiff’s Motion for Combined Evidentiary and “Martinsen” Hearing, Etc. )

O - (Docket Report - U.S. Bankruptcy Court, Southern District of Florida (Fort Lauderdale) Bankruptcy Petition #:97-25645-PGH )

P - (Oral Presentation by Meryl M. Lanson, Pro Se United States District Court Southern District of Florida - September 11, 2007 )

[1]Any Exhibits not provided in hard copy, and referred to pursuant to Docket Entry Number, shall be located and furnished upon request if the Judicial Council will not accept the Docket Entry as proof of Exhibit.
[2]For the ready review of the Judicial Council, a copy of the entire docket is included in this Complaint as Exhibit O.
[3]A copy of Order Granting Motion to Employ Sonya Salkin, Esq. shall be referred to pursuant to Docket Entry No. 94.
[4]The handwritten wording of Sonya Salkin, Esq. relating to the attorneys’ fees and costs was in lieu of a Rule 2016 Statement.
[5]Order Granting Application for Compensation - Fees and Expenses - Lawrence C. Gottlieb, Esq. shall be referred pursuant to Docket Entry No. 268.
[6]The Transcripts from the Trial are not incorporated herein - only identified through the Docket Number. The excerpt of Judge Hyman’s testimony during trial is incorporated by way of Appellee’s Response to Appellant’s Brief.
[7]This document, part of the court record, is provided to the Judicial Council for an easy understandable read as to what transpired in the 1997 Bankruptcy of Baron’s which ultimately was the reason that Judge Hyman re-opened the bankruptcy case for “fraud on the court.”
[8]Supplement as to Exhibit M - footnote 7.

Scary Federal Judiciary

Be sure not to miss this Halloween:

Scary Federal Judiciary

An expose' on the federal judiciary
and its seeming efforts to avoid
responsibility for deliberate violations
of rights through judicial rulings.

By Zena D. Crenshaw, Esq., Michael R. McCray, Esq., and Matthew F. Fogg


Article Location:

http://www.opednews.com/articles/opedne_zena_d___071025_scary_federal_judici.htm


This past June, the U. S. Judicial Conference Committee on Judicial Conduct and Disability submitted for public comment up to October 15, 2007, rules for the conduct of primarily federal judicial discipline proceedings. When effective, the proposed rules are to “. . . provide mandatory and nationally uniform provisions governing the substantive and procedural aspects of misconduct and disability proceedings . . .” for federal judges. They marvelously bridle discretion among chief circuit judges, the first responders to private citizens, prisoners, lawyers, court personnel and others, complaining that one or more federal judges are unethical or unable to properly function due to some mental and/or physical condition.

The actual or acting chief judge of any federal circuit in America can dismiss complaints alleging the misconduct and/or disability of his or her judicial colleagues, subject to certain appeals. Fortunately the rules at hand preclude those dismissals when underlying complaints pit the complainant’s word against those of a targeted judge. That situation involves “a simple credibility conflict” and should proceed for special committee investigation.

“Where a judge’s conduct has resulted in identifiable, particularized harm to the complainant or another individual, appropriate corrective action should include steps taken by that judge to acknowledge and redress the harm, if possible, such as by an apology, recusal from a case, and a pledge to refrain from similar conduct in the future.” Should the subject rules become enacted, minor corrections would be an insufficient response to serious allegations. Also, viable complaints could not be dismissed under the new rules if an alleged offender still performs judicial duties.

The foregoing provisions would soon give Americans good grounds for renewed confidence in the self-regulation of federal judges were it not for a disturbing message undermining the process. Through the preemption of complaints “directly related to the merits of a decision or procedural ruling”, federal judges suggest they are unaccountable for deliberate violations of rights accomplished through judicial proceedings. In contrast, the U. S. Constitution limits state power, “. . . however put forth, whether that action be executive, legislative, or judicial.” Ex Parte State of Virginia, 100 U. S. 339 at 346 (1879).

In 2004, the late Chief Justice Rehnquist appointed a Judicial Conduct and Disability Act Study Committee to appease criticism about the act’s implementation and corresponding effectiveness or lack thereof. Comprised only of judges, court personnel, and similar participants, the committee essentially confirms with its “Breyer Report” that court opinions rarely justify claims of unlawful judicial bias. Yet the circumstances of a court ruling may rebut the presumption that as to a particular litigant or litigants, the presiding judge is a person “. . . of conscience and intellectual discipline, capable of judging a particular controversy fairly . . .” cf., U. S. v. Morgan, 313 U S 409 at 421 (1941). In fact a judge’s willfulness characterized by “open defiance or reckless disregard of a constitutional requirement” of record, may establish a criminal violation of rights under color of law. See, Title 18 U.S.C. §242 and cf. U.S. v. Hayes, 589 F.2d 811 at 821 (5th Cir. 1979). That willfulness would be inextricably related to, but exceed mere error.

America’s federal judicial conference now anticipates a wondrous paradox of incorrect court rulings that result from, but in no way evidence improper judicial motive. Its rules are likely to preclude consideration of such matters “. . . to the extent (they attack) the merits” of a judicial ruling; though those linked to alleged collusion somehow go “. . . beyond a challenge to the correctness – ‘the merits’ of the ruling itself”. Such a dividing line is as elusive as “ . . . evidence apart from the ruling itself suggesting an improper motive”. At best it creates an extremely tight rope that prospective complainants under the Judicial Conduct and Disability Act should not have to walk.

The U. S. Supreme Court “. . . makes clear that judges and other ‘state officials integral to the judicial process’ are subject to criminal liability for violating the constitutional rights of individuals.” Briscoe v. La Hue, 460 U. S. 325, footnote 26 (1983). That the U. S. Judicial Conference is empowered to skirt such matters for federal judges is troubling, downright scary to say the least.

Apparently the conference will never fathom a criminal violation of rights under color of law warranting impeachment. Of course the Breyer Report and U. S. Justice Department prosecution statistics combine to dubiously suggest that of late, judges are virtually incapable of such crimes.

As America emerged from the height of its civil rights movement, federal judges and Congress boldly restrained deliberate violations of rights by state judges among other state officials. The idea of federal judges needing more independence would be laughable were it not so offensive. But alas, it is an idea aggressively promoted this new millennium through the corridors of America’s highest judicial officers and beyond. Feel free to share that hair raising story this Halloween.

Crenshaw, McCray, and Fogg are administrators for The 3.5.7 Commission, a privately established commission considering the propriety of summary judgments entered against federal government employees under Title VII, the Civil Rights Act of 1964, and certain employees seeking relief under the False Claims Act. [ www.the357commission.org ] Ms. Crenshaw is also Executive Director of National Judicial Conduct and Disability Law Project, Inc., a nonprofit organization combating abuses of the legal system that are facilitated by judicial misconduct. [ www.njcdlp.org ] McCray is a $40,000,000 government whistleblower and business developer who considers judicial reform an essential element of government whistleblower protection. Fogg is a currently inactive Chief Deputy U. S. Marshal as well as international human rights advocate.

Justice Dept silence aided fraud

Associated Press
Judge: Justice Dept Silence Aided FraudAssociated Press
10.25.07, 6:58 PM ET

WILMINGTON, Del. -
A judge on Thursday accused the U.S. Justice Department of contributing to fraud by failing to notify her of a yearlong investigation into a consulting firm suspected of making millions by padding fees in bankruptcy cases.

Judge Judith Fitzgerald of the U.S. Bankruptcy Court in Pittsburgh said at a court hearing that she and other bankruptcy judges in several states are "very upset" they weren't informed of the Justice Department's probe into the billing practices of L. Tersigni Consulting.

The Stamford, Conn.-based firm played a role in more than a dozen big asbestos-related bankruptcy cases.

"Literally millions of dollars went out of debtors' estates that should not have gone out," Fitzgerald said. She said "there was a fraud on this court, and the Department of Justice participated."

A spokesman for the U.S. Attorney in Newark, N.J. who launched the investigation denied there was a ban on communication with the bankruptcy court about the investigation.

"At no time did the U.S. Attorney's Office instruct anyone to withhold information from the bankruptcy court. That simply did not occur," Michael Drewniak said in an e-mailed statement.

Drewniak said the office is "precluded by law and policy not to disclose the existence of a criminal investigation," citing the need to protect the presumption of innocence.

No criminal charges have resulted from the Tersigni investigation, which began in April 2006 and is believed to have ended in May after the death of the man suspected of padding the firm's bills, Loreto Tersigni. But bankruptcy judges in Delaware, Pittsburgh, New Jersey and New York are being asked to appoint examiners to assess the damage.

An employee of the Tersigni firm, Bradley Rapp, discovered discrepancies in Tersigni's billing records in the spring of 2006. He found time records pumped up by 5 percent to 15 percent before being submitted to the court for payment. Within 48 hours, he reported his suspicions to the Office of the U.S. Trustee, his attorney said Thursday.

U.S. Trustee Kelly Beaudin Stapleton, who monitors the bankruptcy court, referred the matter to Christopher Christie, the U.S. Attorney in Newark, N.J. Rapp's attorney said Christie's office called in the FBI and began an investigation.

"Everyone was told to stand down, including the U.S. Trustee," said the attorney, Robert K. Malone.

Malone said Rapp was instructed to stay on the job at the Tersigni firm and supply documents to the U.S. Attorney and FBI, which he did.

"He acted on the advisement of the assistant U.S. Attorney not to breathe a word of this investigation," Malone said, adding, "It was killing him - for this man to go to work every day and not talk about it."

After Tersigni died, Rapp revealed his suspicions to the firm's direct clients, the official committees representing asbestos claimants in major bankruptcy cases. They in turn reported it to the lawyers for the bankrupt companies and later the courts.

Malone said there was evidence that Tersigni in some cases underbilled bankrupt companies.

Judge Fitzgerald on Thursday said the Justice Department was bound by ethical rules that require attorneys who suspect fraud in court proceedings to call it to the attention of the judge.

"What on earth was going on in the Department of Justice?" she asked.

Stapleton, the U.S. Trustee, told the judge that Department of Justice rules bar attorneys involved in a criminal investigation from feeding information to attorneys who work on the civil side, such as the U.S. Trustee. She said she could not say whether the criminal investigation was still under way or whether the matter had been submitted to a grand jury.

Lawyers representing the Tersigni interests could not be reached for comment.