UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Case No. 05-14744 Appeal from a Final Order of the United States District Court for the Southern District of Florida Case No. 05-20637-CIV-SEITZ 0 STEPHAN JAY LAWRENCE, Appellant, V. ALAN L. GOLDBERG, Trustee of the chapter 7 Estate of Stephan Jay Lawrence, Appellee. APPELLEE'S RESPONSE TO APPELLANT'S MOTION TO DISQUALIFY TRUSTEE'S COUNSEL AND TO STRIKE PLEADINGS BERGER SINGERMAN, P.A. Attorneys for Alan L. Goldberg, Appellee 200 S. Biscayne Blvd., Suite 1000 Miami, Fl 33131 Tel: (305) 755-9500 Fax: (305) 714-4340 Paul Steven Singerman Florida Bar No. 378860 James H. Fierberg Florida Bar No. 0050970 Paul A. Avron Florida Bar No. 0050814 139604-1 BERGER SINGERMAN attorneys at law 200 South Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 305.755 9500 Facsimile 305-714.4340 Sara Reran Fair Lauderdale 11,4•4e» railahessee
Confession by Paul S. Singerman that Bear Stearns illegally obtained federal law enforcement tapes
Nov 16, 2014
A confession by Berger Singerman attorneys, Paul S. Singerman, James Fierberg, and Paul Avron that Bear Stearns, for their own private use, was secretly being funneled unrestricted, illegal access to Federal Government law enforcement tapes (euphemistically called "discovery") — a serious federal crime. They: 1) never told the Government of this illegal use of the law enforcement tapes by Bear Stearns or even disclosed Bear Stearns as a recipient; 2) actively participated, along with Juval Aviv, in funneling the tapes and other protected information to Bear Stearns; and 3) filed many misleading and false sealed court papers to enable the theft by Bear Stearns.
A primary recipient of the law enforcement tapes was Juval Aviv. Juval Aviv was the subject of several exposes; he claimed to be an Israeli assassin who helped avenge the deaths at Munich. Aviv also claims the U.S. Government was instrumental in the bombing of Pan Am flight 103 over Lockerbie. The Government had prosecuted Aviv for false claims shortly before the theft of the law enforcement tapes. See associated documents at this site.
A primary recipient of the law enforcement tapes was Juval Aviv. Juval Aviv was the subject of several exposes; he claimed to be an Israeli assassin who helped avenge the deaths at Munich. Aviv also claims the U.S. Government was instrumental in the bombing of Pan Am flight 103 over Lockerbie. The Government had prosecuted Aviv for false claims shortly before the theft of the law enforcement tapes. See associated documents at this site.
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Case No. 05-14744
Appeal from a Final Order of the United States District Court for the Southern District of Florida
Case No. 05-20637-CIV-SEITZ
0
STEPHAN JAY LAWRENCE,
Appellant,
V.
ALAN L. GOLDBERG, Trustee of the chapter 7 Estate of Stephan Jay Lawrence,
Appellee.
APPELLEE'S RESPONSE TO APPELLANT'S MOTION TO DISQUALIFY TRUSTEE'S COUNSEL AND TO STRIKE PLEADINGS
BERGER SINGERMAN, P.A. Attorneys for Alan L. Goldberg, Appellee 200 S. Biscayne Blvd., Suite 1000 Miami, Fl 33131 Tel: (305) 755-9500 Fax: (305) 714-4340
Paul Steven Singerman Florida Bar No. 378860 James H. Fierberg Florida Bar No. 0050970 Paul A. Avron Florida Bar No. 0050814
139604-1
BERGER SINGERMAN attorneys at law
200 South Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 305.755 9500 Facsimile 305-714.4340
Sara Reran Fair Lauderdale 11,4•4e» railahessee
Lawrence v. Goldberg, Case No. 05-14774
CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT
1. Avron, Paul A., counsel for Alan L. Goldberg, Appellee.
2. Berger Singerman, P.A., counsel for Alan L. Goldberg, Appellee.
3. Cristol, Hon. A. Jay, U.S. Bankruptcy Court, Southern District of Florida.
4. Fierberg, James H., counsel for Alan L, Goldberg, Appellee.
5. Goldberg, Alan L., Bankruptcy Trustee, Appellee.
6. Lawrence, Stephan Jay, Appellant (Pro se).
7. Office of the U.S. Trustee.
8. Seitz, Patricia, U.S. District Court, Southern District of Florida.
9. Singerman, Paul Steven, counsel for Alan L. Goldberg, Appellee.
10. Utschig, Thomas S., U.S. Bankruptcy Court, Southern District of Florida.
11. There is no creditors' committee.
C-1 of 1
146F5R.G ER S 1NG ERMA N attorneys at law
200 South Biscayne Boulevard Suite 1000 Miami. Florida 33131-5308 Telephone 305.755-9500 Facsimile 305 , 714 4340
Boni Raion Fort Larldcraalc Miami rallahassee
were provided to the Trustee consistent with motions requesting production of documents and
things. Of note, the FBOP, through its counsel, did not seek reconsideration or appeal those
orders and, unlike Lawrence in respect of the turnover order the FBOP, through counsel, worked
cooperatively with the Trustee and his counsel to ensure that the FBOP complied with the court's
orders. Anyway, according to Lawrence, one of the purposes of Title Ill is to prevent unlawful
communications intercepts being used for "private financial gain." Disqualification Motion at
15. 7 However, as discussed above, that purpose is inapposite here. And the Trustee is neither a
"corporate spy, a police officer without probable cause, or...a plain snoop." Id. Since Title III is
inapposite, all argument by Lawrence regarding mandatory disclosures is rendered facile. And
sharing the contents of the discovery obtained by court order with Lawrence's largest creditor—
Bear Stearns & Co.—who is underwriting the Trustee's efforts per bankruptcy court order. and
investigators retained by the Trustee per court orders who were employed to try and locate the
Trust res. was entirely appropriate so that they could determine what, if anything, in the
discovery obtained might be useful to them
7. Because Title HI is inapposite, and because the Trustee was unable to make use of
any discovery here is nothing that
the Trustee or any of the other attorneys representing the Trustee as general or special counsel
did that prejudiced Lawrence
8. Notwithstanding Lawrence's argument to the contrary, there have been no
misrepresentations to this or any other Court.
' Lawrence's reliance upon Granfinanciera v. Nordberg, 492 U.S. 33 (1989) in support of his "private financial gain" argument, Motion at 16, is misplaced. That case is totally inapposite as it dealt with the right to a jury trial by a defendant in an avoidance action brought by a bankruptcy trustee.
1 §6ti.F.G ER SINGE RMAN attorneys at law
Bac a6 Ra ten Fart Lauderdale Miami Tallahassee
200 South Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 305-755 9500 Facsimile 305-714-4340
9. In short, the Disqualification Motion, which is simply another rehash of
arguments set forth in the Recall Motion, should be denied on waiver grounds, collateral
estoppel grounds, or on the basis that the premise of the relief requested, violation of Title III, is
simply inapposite.
Respectfully submitted,
BERGER SINGERMAN, P.A.
Attorneys for Appellee Alan L. Goldberg 200 S. Biscayne Blvd., Suite 1000
iami, FL 3131 755-9500
4-4340
ingerman o. 377860
aber 7ersin erman.com Fierberg
rida Bar No. 0050970 ifierbergiabergersingerman.com Paul A. Avron Florida Bar No. 0050814 pavrorObergersingerman.com
1 146ki_ 1RG E SINGERMAN attorneys at law
Pac a7 Rai!) t} r o r a Lauderdale:. Miami taiiattassee
5)
Paul Steven Florida B sin ,en Jam
ax: el
200 South Biscayne Boulevard Suite 1000 Miami. Flarida 33131-5308 Telephone 305-755-9500 Facsimile 305-7144340
(LEGAL PAPERS/PRIVILEGED) (OPEN IN
33 N.E. 4TH Street, Miami, FL 33132.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via
Federal Express on this 20 th day of April, 2006 upon Stephan Jay Lawrence, Reg. No. 49061-004
d4i4. 11.G ER SINGE RNA A N attorneys at law
8oca8 Raion For! Lauderdale Miami Tallahassee
200 SOUth Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 305.7559500 Facsimile 305-714.4340
Related Documents
