kann das mal einer analysieren/kommentieren?! Danke!
ihub:
letter to the DOJ & UST, IMO we will get our examiner
It has been requested, and it is the LAW! They must do their job.
5/22/10
Office of the United State Trustee Delaware
Joseph McMahon, Esq.
844 King St Ste 2207
Lockbox 35
Wilmington, DE 19899-0035
Re: Washington Mutual case# 08-1229 (MFW)
Mr. McMahon:
I am an equity holder of WMI – Washington Mutual. I respectfully request a DOJ EXAMINER / UST TRUSTEE MUST STEP IN TO REVIEW, AND TAKE CONTROL of Washington Mutual case# 08-1229 (MFW). It should be apparent to not only the Judge, but the DOJ, and Office of UST that the Debtors lead attorney Brian Rosen has not performed his fiduciary duties to all equity holders as his duties require him. He again has submitted an incomplete second amended disclosure statement, and now attempting to push his plan without giving the equity Committee the rights to the requested documents that would show Washington Mutual was not only solvent, but the fraud, and collusion of parties that occurred during that take over. Documents will also show the many hidden assets that have been given to JP Morgan at no cost.
What happened to rule 9019? This is bankruptcy fraud. Brian Rosen and his law firm Weil, Gotshal & Manges LLP have breached their Fiduciary duties to Washington Mutual, and have completed nothing but pad their billing hours. They must be conflicted off this case, and be forced to reimburse for all billing expense.
This document signed by WMI – BOD, and Brian Rosen dated Sept. 26, 2008 shows recorded assets of the holding company valued at over 32 billion dollars with a listed total debit of 8 billion dollars. How many other assets have been hidden as WMI 2007 yearend report showed assets over 300 billion.
Where did it go? They gave it to JPM at no cost.
www.kccllc.net/documents/0812229/0812229080926000000000001.pdf
I understand the United States Department of Justice (DOJ) and the office of UST is responsible for overseeing the administration of bankruptcy cases. Does the DOJ / UST have any concern with what appears to be not only this Conflict issue, but misrepresentation from the start? Why would Brian Rosen, and council to WMI the Debtors, work so hard to keep out value from the common and preferred shareholders? It appears his main obligations is to his select group of bond holders, and protect liability issues for JPMorgan. This bankruptcy case does have litigation rights, and they must be exposed.
This Second amended discloser Statement and joint plan must be rejected until an appointed Trustee or Examiner has performed the required review that must be performed as to the rules of bankruptcy.
Simple facts of this case:
1) Should the court make best decisions in the biggest ever bank BK proceeding? YES
2) Is the EC approved by you, involved in this “global settlement”? NO
3) Is equity holders of wamu an injured class? YES
4) Is FDIC & JPM an injured class? NO
5) Did it cost FDIC any money due to closure/seizure of wamu? NO
6) Can we deny FDIC “free money” from wmi estate? YES
7) Is JPM benefitting from wamu seizure, as admitted by its CEO? YES
8) Should we give JPM more benefit at the cost of equity holders? NO
9) As a TARP recipient, can JPM benefit from NOL/Tax refund? NO
10) Is wmi BOD colluding with JPM/FDIC against equity owners of wmi? YES
11) As owners of wmi, can equity holders seek answers from BOD thru AGM ? YES
12) Did wamu CEO and OTS chief said under oath that wamu was solvent? YES
13) Can equity owners prove that wamu seizure was illegal & wrong? YES
14) Is wmi BOD/FDIC/JPM seeking mutual indemnification, for cover up? YES
15) As injured party, does the equity owners has a right for legal remedy? YES
16) Does this settlement seek Cancel/stay of legal rights of equity owners? YES
17) Should the court approve a settlement denying legal rights of equity owners? NO
18) Has the debtors produced a complete list of assets thru 3.1.a schedule? NO
19) Have we done a fair assessment of Assets & Liabilities of wmi yet? NO
20) Do we need an examiner to get accurate picture of Assets & Liabilities? YES
21) Can we decide if equity is out of money without knowing asset & liability ? NO
22) Does wmi need DIP or has any financial constraint during the BK process? NO
23) Should debtors be allowed to hurry and end the BK, without facts & figures? NO
24) Should EC get the resources to present their case based on facts and figures ? YES
25) Did Jamie Dimon of JPM have access to WMI financial during buyout negotiation Apr 08 when he offered $8.00 per share – then also had private meetings with Sheila Bair FDIC with talks about taking control of WMI? YES – this needs to be investigated – Jamie Dimon know WMI was worth more than $8.00 per share why did he convince FDIC it was worthless?
Sincerely,
David
CC: USTP.Bankruptcy.Fraud@usdoj.gov
CC: DOJ 950 Pennsylvania Avenue, NW. Washington D.C. 20530-0001
I attached Bankruptcy fraud laws for your review. This is the LAW, and this is your job to insure the law adhered to. I sincerely hope – for the good of this country - that the power of Wall Street has not already corrupted this case.
This is the Law:
In the United States, criminal provisions relating to bankruptcy fraud and other bankruptcy crimes are found in sections 151 through 158 of Title 18 of the United States Code.
Bankruptcy fraud includes filing a bankruptcy petition or any other document in a bankruptcy case for the purpose of attempting to execute or conceal a scheme or artifice to defraud.
Bankruptcy fraud also includes making a false or fraudulent representation, claim or promise in connection with a bankruptcy case, either before or after the commencement of the case, for the purpose of attempting to execute or conceal a scheme or artifice to defraud.
Bankruptcy fraud is punishable by a fine, or by up to five years in prison, or both.
Knowingly and fraudulently concealing property of the estate from a custodian, trustee, marshal, or other court officer is a separate offense, and may also be punishable by a fine, or by up to five years in prison, or both. The same penalty may be imposed for knowingly and fraudulently concealing, destroying, mutilating, falsifying, or making a false entry in any books, documents, records, papers, or other recorded information relating to the property or financial affairs of the debtor after a case has been filed.
Certain offenses regarding fraud in connection with a bankruptcy case may also be classified as "racketeering activity" for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO). Any person who receives income directly or indirectly derived from a "pattern" of such racketeering activity (generally, two or more offensive acts within a ten year period) and who uses or invests any part of that income in the acquisition, establishment, or operation of any enterprise engaged in (or affecting) interstate or foreign commerce may be punished by up to twenty years in prison.
Bankruptcy crimes are prosecuted by the United States Attorney, typically after a reference from the United States Trustee, the case trustee, or a bankruptcy judge.
Bankruptcy fraud can also sometimes lead to criminal prosecution in state courts, under the charge of theft of the goods or services obtained by the debtor for which payment, in whole or in part, was evaded by the fraudulent bankruptcy filing.