FBI Coverups, Boca Police Scandals, Major Law Firms Covering Corruption, Enron Collapsing, Attempted Murder, Invention Stolen, Denial of Due Process.

In America only Certain People have rights to Protection from the Law - Most All are just Collateral Damage to Protect Corrupt Attorneys, Judges, DOJ Officials, Corrupt FBI agents, Billionaire Tech Companies, Major Media Companies and Mega Law Firms.

Judical Coverups, Attorneys and Judges Protecting Each Other, Illegal Behavior among judges, attorneys and clerks .. well this is American Justice.. not based in TRUTH or Law but Based in who you know and what your willing to pay them to cover your Dirty Deeds...

"" KernelOfTruth says:

There is a case in which any one of you might be interested. It involves the theft of patents worth at least one trillion dollars, and has already paid out billions in royalties that have never been received by the inventor or the company (with no report of where that much looted money has disappeared).

The reason you may be interested is that it is a Florida case with ties to places in New York, and the inventor seems to have run into problems similar to those discussed by individuals who have posted on the subject of public corruption in the Scott Rothstein case.

The shenanigans are unbelievable, including, but certainly not limited to, a Keystone Cop like investigation by the Boca Raton Police Department and an ostensible Office of the FBI [in West Palm Beach]. How much do you think it cost the taxpayers to set up that [rented FBI] Office, which acted as though an investigation was being run when nothing was done to examine the complicity of lawyers, public officials, and investigating agencies and a car bombing.

If you are interested, you can go to http://www.iviewit.tv and listen to certain testimony relating to the crimes that were allowed to occur through the Courts, both a Civil Division State Court and U.S. Bankruptcy Court, in West Palm Beach, Florida.

If you prefer, you can read certain documents at
http://www.iviewit.tv/CompanyDocs/2007%2004%2020%20Iviewit%20Request%20for%20FBI%20IA%20and%20OIG%20investigation%20of%20FBI%20case%20downlow.pdf

The inventor and main person being abused, Eliot L. Bernstein, discusses the matter in the State Hearings held in New York, involving public corruption. One case brought up concerns a Monty Friedkin case, which he says is cloaked as lawyers and law firms acting as a criminal enterprise stealing inventions from inventors.

He identifies William J. Dick of the Foley and Lardner law firm and Brian Utley as working with Christopher Clarke Wheeler to steal inventions from Monte Friedkin, of Diamond Turf Equipment, a Florida corporation.

The criminal enterprise against Mr. Friedkin was explained as Utley (operating as the President of the company) contracting former IBM patent attorney William Dick to write Friedkin’s patents in his name and place them into a company incorporated by Christopher C.Wheeler of Proskauer Rose.

According to [page 15 of] the Complaint found at that web site, a lawyer that had subsequently been convicted in Florida of Felony Driving Under the Influence with Injury is identified as the instigator or ringleader. Then, this ringleader, Christopher Clarke Wheeler, is identified as a lawyer with the law firm of Proskauer Rose.

This scam is identified by Eliot Bernstein (in testimony and also by Stephen Lamont in the Complaint) as being perpetrated in a same fashion [as that run against Diamond Turf] when involving his Iviewit Company, wherein certain individuals performed in the enterprise, to walk the patents and intellectual properties [Utley] worked on, out of the business and into a company that these co-adventurers owned, in which the true owner [in this case, one can replace Friedkin with Bernstein] had no interest or idea of it’s existence.

Scroll down to pages 16 - 18 of the 43 page Complaint, and you can read about how both intrinsic and extrinsic fraud were further perpetrated before a Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, in the State of Florida, with what would appear a Circuit Court Judge’s willingness to grant an allowance for continual acts of perjury, intentional fraud, and criminal acts of conversion.

For instance, the Judge [Jorge Labarga] is said to have stated that the prior counsel that the parties did not know or hire had been representing them so that the right to file almost anything in the case had been waived by the counsel that had no authority to file the case or act in the case.

Further on, at page 21 [after explaining the reasons for starting File number 402-2-59-1799-339, on May 13th, 2002, with the County of Los Angeles Sheriff’s Department, at the behest of the Long Beach, California FBI], is the explanation “Bernstein, upon discovering further that the companies were involved in a federal bankruptcy in Florida (Case No. 01-33407-BKC-SHF Inv Chap 11 in the Southern District of Florida) and the law suit in civil court in Proskauer Rose v. Iviewit discussed above, both previously unbeknownst to exist by shareholders or management of the legitimate companies, built his case from California and then moved to Florida to the lions den or Labarga’s court and the Bankruptcy Court, believing that justice would be had.

Both actions filed in Florida were instigated by Proskauer Rose and Proskauer Rose referred management Utley, Michael Reale and an entity RYJO, Inc. (“RYJO”).

RYJO a subcontractor under a strategic alliance structured by Proskauer Rose, between Iviewit and Real 3D, Inc. (“R3D”) a client of theirs, R3D owned 70% by Lockheed Martin, 20% by Silicon Graphics Inc., and 10% by Intel, later wholly acquired by Intel and a third party necessary with management to file an involuntary.

With new counsel relieving dirty counsel, those acting without authority, now replaced by counsel retained by the legitimate companies, Bernstein went back to Florida to pursue his rights. It is presumed that once Proskauer Rose to instantly get rid of the evidence of the fraudulent companies but first had a plan to get the stolen intellectual properties out.


Thus, when combined, the billing case that they thought nobody would ever discover was in court and bankruptcy, the companies could do the following:

(i) Proskauer Rose would sue fraudulent companies ABC which harbored the stolen patents with a large unpaid bill

(ii) this would make them the largest creditor and thus entitled in a bankruptcy to majority of the company and the stolen patents and

(iii) with Utley, RYJO and Reale instigating the bankruptcy they would be the remaining benefactors, it would all look clean to the Courts, almost invisible and they would walk off with the stolen assets. They never figured that Bernstein would be tipped off to this in the midst of the process”.

It was related that one of the counsel [Kenneth Rubenstein] “was so brazen that the Court was in his pocket, that he wrote [Judge] Jorge Labarga a sworn statement claiming he never heard of Eliot Bernstein, the Iviewit companies and was being harassed”.

Also related to the case was a declaration of a showing to Warner Brothers of entries with investor H. Wayne Huizenga, in regards to the Iviewit inventions and multiple billings.

The kicker in the last paragraph [on page 18] is the obvious dereliction of duty in regards to what passes for FBI Agents in the network [of the ol’ south Good Ole Boys] and compromised Office of the US Attorney with the Southern District of Florida, when it is written “one asks, why later those same crimes exposed in mass against the government to the West Palm Beach Office of the FBI, were not prosecuted when taken by the FBI to the US Attorney for the Southern District of Florida, along with all the other crimes they were apprised of and given evidence in support of and which they then led Iviewit to believe they were investigating until April 17, 2007”.

Page 20 holds a critical piece of information, which is “Another part of the immediate problem was that evidence surfaced of a deal between the fraudulent Iviewit companies and Enron’s Broadband Division, in the now infamous Enron/Blockbuster Deal which due to Enron’s booking of hundreds of millions of dollars ahead of earning it, on a new technology for broadband internet distribution of movies, based on technologies almost stolen from Iviewit which are the true cause of the collapse of Enron.

All evidence of this had to be destroyed by the law firms who had perpetrated the crimes and this may have been the cause of the massive shredding party”.

For a story about the “Specific Involvement by the Federal Bureau of Investigation -- West Palm Beach Office: January 2003 to March 2007”, scroll down to page 23.

The tale involves accusations regarding lawyers submitting false statements and falsified documents (including to a Court of Law), money made or laundered under the use of Non-Disclosure Agreements, conflicts of interest and appearances of impropriety that involved Public Office corruption cases before the Florida Supreme Court, denial of due process and procedure in the Civil Courts as the criminal lawyers legal and political power have been able to position [without disclosure] through conflict to avoid prosecution by infiltrating Public Offices where Complaints have been filed, the infiltration of the attorney discipline process [both in New York and Florida],

..the possibility that the [Democrat-controlled] Proskauer Rose law firm is controlling certain of the Florida Courts and Disciplinary Departments when the New York law firm has one small Office in Boca Raton, cases at the Boca Raton Police Department that were derailed [with the Officer disappearing without Notice],

...the possibility that the [Republican-controlled] Foley and Lardner Law Firm is controlling a certain tier of the Florida Courts and the Governor’s Office when the Wisconsin law firm had virtually no presence in Florida, a subterfuge of a deferral of a Department of Business and Professional Regulation Complaint that falls under another conflict due to the fact that Governor Charlie Crist had appointed [Iviewit’s former patent counsel] Foley and Lardner, special Office positions favorably given to lawyers like George Lemieux [a managing shareholder where the ringleader (Christopher Wheeler) worked in the Fort Lauderdale Office of the Gunster, Yoakley, & Stewart law firm].

The behavior of the President of The Florida Bar [Kelly Overstreet Johnson] who worked for the brother [James Wheeler] of the ringleader lawyer, the infiltration of federal investigations, an FBI Agent [Stephen Lucchesi] who acted as though the problem was one that was civil in nature without need for FBI involvement, Special Agent Joseph Sconzo’s denial that there was any file concerning Iviewit in the FBI’s [rented] West Palm Beach Office.

Special Agent in Charge John McVie’s denial of any history of Iviewit or Eliot Bernstein with any FBI investigation after years of investigation, a non-existent Securities and Exchange Commission investigation jointly run with the Boca Raton Police Department, denial of any oversight responsibilities pertaining to action taken by the FBI by the Inspector General of the Department of Justice [Glenn Fine],

.... the dismissal of a need for an audit when the Small Business Administration is the largest investor and shareholder through SBIC loans, the lack of oversight by the US Attorney’s Office for the Southern District of Florida, the lack of investigation by the Department of Justice into the Iraqi-style car bombing of the family vehicle belonging to Mr. Bernstein his wife and three children, possible terminations of US Attorneys for political reasons and retirements of Special Agents for political reasons,

... an admittance of no power or authority held by either the House Judiciary Committee or the Senate Judiciary Committee, harm to international relations through violations of international treatises, the failure of former Commissioner of Patents [John Doll] and his successor Under Secretary of Commerce for Intellectual Property [Jon W. Dudas] to follow the law, and possible influence wielded by Michael Grebe [the former Chairman of the Foley and Lardner law firm and former Chairman of the Republican National Committee who is currently under investigation for other violations]

The gist of the Complaint can be boiled down to the request contained on page 22, which is “With the revenues from the technologies converted to their pools and already generating profits in billions of dollars since invention, it would take either a continuous corruption of any legal or prosecutorial agency the complaints went or easier that with a Presidential top down denial of due process and procedure, through various Presidential appointments in key positions to block it top down.

We are asking the DOJ OIG to investigate for any possible connection to election fraud or payola to politicians capable of planting individuals to block Iviewit at each of these agencies”.

Moreover, on page 7 of a succeeding formal request to the Office of Internal Affairs for the Federal Bureau of Investigations, the inventor and President & Founder of Iviewit Technologies, Inc./Iviewit [Iviewit Holdings, Inc.], Eliot Bernstein, further concluded his ordeal and exasperation and concern for others, in his summation: “Please contact me immediately regarding these matters, as I fear for not only the life of my family but those who had volunteered to act as witnesses and others, that presumed they were doing so with the FBI investigating the matters.

I am in grave concern that the FBI has taken no actions to protect a citizen whose life has been threatened repeatedly, whose car has been blown up and confirmed as committed with intent by fire investigators.

A group of citizens who have followed all the rules of making complaints to all the proper authorities, to find that no one is protecting their rights to life, as well as, the rights guaranteed through the Constitution under Article I, Sec 8, Clause 8 pertaining to protection of inventors with the full weight of the Constitution, in the event of just such attempts to steal such inventions and murder inventors.

In fact, in a RICO case the FBI typically offers protection to witnesses against corruption from small or large mobsters when witnesses’ lives may be in danger.

Where a group of citizens have brought allegations of corruption that may yield a Patentgate, with attempted murders already occurring in the US and threats already effectuated against ones life, it is stunning that FBI officers who have been fully apprised of the matters and tendered evidence and witnesses against the accused, have not granted an iota of protection to those who are in danger, all indicating a top down control of the government and its regulatory agencies.

Control by those at the top to aid and abet those alleged to have committed such atrocities, through violation of public offices of these federal and state investigatory agencies. Most disturbing though is that it now appears that no one is protecting the United States and foreign nations from a group of criminals cloaked as lawyers, politicians and judicial members!”. ""

Posted Here
By Investigative Blogger
Crystal L. Cox
Crystal@CrystalCox.com

What Really Collapsed Enron? Well it was a Proskauer Rose Law Firm Scandal, a Foiled Patent Theft. Proskauer Rose Law Attorney Corruption has ruined countless lives, portfolios and has left an amazing path of Destruction.

Can Enron Victims Sue Proskauer Rose Law Firm for their Loss, Suffering and Hardship.. well if they had the TRUTH .. maybe? But wait.. Proskauer Rose controls US Courts, Judges, Attorney Ethics Committees .. so Nevermind...

J.P. Morgan Chase - TRAVELERS INDEM. CO - Proskauer Rose - Enron Collapse - Bankers Professional Liability Insurance

J.P. Morgan Chase & Co.

Decided March 18, 2010

"" JPMORGAN CHASE & CO. v. TRAVELERS INDEM. CO.

2010 NY Slip Op 02075

JPMORGAN CHASE & CO., ET AL., Plaintiffs-Respondents,
v.
THE TRAVELERS INDEMNITY COMPANY, ET AL., Defendants,

TWIN CITY FIRE INSURANCE COMPANY, Defendant-Appellant.

600674/06, 2156, 2157.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 18, 2010.

Arkin Kaplan Rice LLP, New York (Howard J. Kaplan, Lisa C. Solbakken, Michael J. McLaughlin and Elizabeth A. Fitzwater of counsel), for appellant.

Proskauer Rose LLP, New York (John H. Gross, Steven E. Obus, Francis D. Landrey and Michelle R. Migdon of counsel), for respondents.

Before: Gonzalez, P.J., Saxe, Moskowitz, Abdus-Salaam, RomÁn, JJ.

ABDUS-SALAAM, J.

In this declaratory judgment and breach of contract action, plaintiffs JPMorgan Chase & Co., JPMorgan Chase Bank and J.P. Morgan Securities, Inc. (collectively JPMC) seek a declaration that defendant Twin City Fire Insurance, Inc. (Twin City) is obligated to indemnify them in the amount of the limits of their coverage ($22.5 million) for losses incurred in connection with the defense and settlement of a series of federal court class action suits arising out of Enron's financial collapse, as well as several lawsuits filed by Enron investors in state courts. JPMC ultimately paid more than $2.2 billion to settle the Enron actions.

The motion court rejected Twin City's defenses, including that JPMC had failed to comply with the notice provision of the "claims-made" policy at issue here, and directed that judgment be entered in favor of plaintiffs in the amount of $22,500,000 plus prejudgment interest, together with costs and disbursements, all together amounting to $28,358,180.14.

Twin City was a $22.5 million participant in a combined lines program providing JPMC with a total of $200 million in Bankers Professional Liability insurance, effective November 30, 1997 to November 30, 2001 (the 97-01 Program).

Twin City was not a participating insurer at the inception of the 97-01 Program, but, effective July 15, 2000, replaced Reliance Insurance Company as an excess insurer by providing coverage for the second excess layer of $10 million excess of $30 million and for the sixth excess layer of $12.5 million excess of $70 million.

The binders issued by Twin City adopted the terms of coverage as bound by Reliance, which incorporated the terms and conditions of the primary policy issued by Lloyd's, London. The "claims-made" policy afforded coverage both for claims made against the insured during the policy period, as well as claims made subsequent to the policy period, provided that the insured gave notice during the policy term of any act, error or omission that may subsequently give rise to a claim. As set forth in the Lloyd's primary policy:

"If during the Policy Period . . . the Risk and Insurance Management Department shall become aware of any act, error or omission which may subsequently give rise to a claim being made against an Insured and shall during the Policy Period . . . give written notice of such act, error or omission, then any claim which is subsequently made against the Insured arising out of such act, error or omission shall for the purpose of this policy be treated as a claim made during the Policy Period."
An addendum to the Lloyd's primary policy substituted the words "Wrongful Act" for all references to "acts, errors or omissions" throughout the policy. Another addendum defined "Wrongful Act" to include any "(i) act, error or omission by the Insured or any person or entity for whom the Insured is legally responsible, or (iv) dishonest or fraudulent act or omission by any officer or employee of the Named Corporation or any Subsidiary Company."

The record shows that in late November 2001, as the 97-01 Program was nearing expiration and JPMC was seeking renewal of its insurance for the 2001-2002 policy period, Enron's credit rating had been downgraded to junk status and there was speculation in the press that Enron was headed for bankruptcy. According to Richard Straub, Vice President, Corporate Insurance Services for JPMC, the insurers that were considering participating in the renewal program, including Twin City, "began to balk at providing coverage for Enron claims under the subsequent program," because [t]hey did not want to effectively buy a loss.'" These insurers inquired as to whether JPMC had noticed or was going to notice Enron claims under the 97-01 policy, and certain of them made clear that JPMC must provide notice of the Enron circumstances to the 97-01 insurers as a condition of these prospective insurers binding coverage under the new 01-02 Program. Mr. Straub, in conjunction with others, made the decision to notice potential claims to the 97-01 Program both because he was concerned about potential claims that might arise from JPMC's provision of professional services to Enron and because he wanted to obtain coverage for the 01-02 period.

On November 29, 2001 JPMC's insurance broker, Marsh & McLennan, sent an e-mail to the 01-02 insurers, including Twin City, outlining the terms pursuant to which the insurers agreed to bind coverage:

"As discussed, it was agreed to put the expiring contract on notice of the ENRON circumstance. JP Morgan Chase is in the process of drafting this notice and putting the prior policy on notice. It was also agreed, that in the event a Claim does arise out of this ENRON matter, this current policy shall apply (subject to this policy's terms and conditions) in the event that there is a final adjudication that no coverage exists under the prior Blended policy solely due to such claim not fulfilling the notice requirements under the prior policy — wording to be agreed."
Twin City's binder for the 01-02 Program provides that it will follow the terms and conditions of the November 29, 2001 e-mail. Stephen Guglielmo, a Twin City underwriter, testified that Enron's demise caused him concern about the renewal of JPMC's policy because of the possible exposure to an Enron claim, and that as he recalls, Enron claims were going to be noticed for the 97-01 policy and excluded from the 01-02 policy which gave him "some comfort in being part of an ongoing program with JPMorgan Chase."

On November 29, 2001 at 9 P.M., three hours before the 97-01 policy was to expire, JPMC sent the following e-mail to Twin City through its broker, Marsh:

"On November 28th 2001 it was announced that various credit agencies had downgraded Enron, Inc. debt to junk status. In addition it was announced that merger discussions with Dynegy, Inc. had been terminated. In light of this situation J.P. Morgan Chase & Co. released a statement disclosing that it has approximately $500 million of unsecured exposure to various Enron entities, including loans, letters of credit and derivatives. It was also confirmed that it has additional exposures of $400 million secured by the Transwestern and Northern Natural pipelines.
J.P. Morgan Chase & Co. and its subsidiaries and affiliates, and their directors and officers ("JP Morgan Chase") have an extensive relationship with Enron which includes, but is not necessarily limited to, lending, merger & acquisition advisory services, restructuring advisory services, various SWAPS transactions, purchaser of gas/energy and serving as indenture trustee for Enron's public debt. While we have not received notice of any claim or potential claim at this time[,] it is anticipated that we may be named in litigation expected to arise out of the financial difficulties of Enron as a result of the relationship described above."
Fifteen minutes later, JPMC, again through Marsh, sent another e-mail which advised "please disregard the earlier email regarding this matter." The second e-mail contained the language quoted above, but with the following language added:

"Such litigation could include, among other things, allegations of breaches of fiduciary duty, aiding and abetting breaches of fiduciary duty, errors and omissions, securities fraud, negligence (including gross negligence), fraudulent conveyance, equitable subordination and misrepresentation. While JP Morgan Chase would vigorously contest the validity of any such claims, and has no actual knowledge of such acts, we believe that all of the foregoing constitute Wrongful Acts that could give rise to a claim under the policy."
Twin City responded on November 30, 2001 with a letter acknowledging receipt of the correspondence, informing Marsh of the name of the individual assigned to the matter, and stating that "[i]n the meantime all rights and defenses afforded under any applicable policy, at law, or in equity should be considered reserved." On January 17, 2002, Lloyd's accepted the notice "as notice of a potential claim under the BPL [Bankers Professional Liability] section of the [p]olicy." Subsequently, other insurers did so as well. Only one excess insurer, American International Specialty Lines Insurance Company (AISLIC), asserted that the notice was deficient. AISLIC, which was a defendant in this lawsuit, ultimately settled with JPMC for its Enron claims under the 97-01 program after the motion court denied its motion for an order dismissing the complaint pursuant to CPLR 3211 (a)(1) and (7).

Twin City never indicated to JPMC its position that the notice was in any way deficient until this litigation, where in its answer it asserted affirmative defenses, alleging, among other things, that coverage is barred because JPMC failed to satisfy conditions precedent to coverage, failed to provide timely, sufficient and appropriate written notice of claims and made false statements in the notices of claims.

Additionally, Twin City maintains that it has no obligation under the 01-02 policy, and has interposed counterclaims seeking damages and rescission of its participation in the 01-02 Program, alleging that it was induced to renew coverage to JPMC as the result of the fraudulent misrepresentation contained in the notice that JPMC had "no actual knowledge" of acts that could give rise to claims in connection with Enron under the 97-01 program, when JPMC in fact had actual knowledge that it had assisted Enron in manipulating its financial statements, and had learned "[b]y no later than November 19, 2001 . . . that many of the transactions it had either designed for Enron, or had engaged in as a participant, were directly responsible for Enron's deteriorating financial conditions."

Twin City initially moved in July 2006 for an order pursuant to CPLR 3211(a)(1) and (7) dismissing the complaint on the ground that JPMC's November 29, 2001 letter did not provide it with sufficient notice of the potential claim. The motion court denied the motion, finding that the notice was sufficient. In June 2007, in response to a motion by JPMC for partial summary judgment, Twin City cross-moved for summary judgment, again asserting that the notice was legally insufficient. That cross motion was denied. In June 2008, following extensive discovery, JPMC moved, in this action and two related actions it had commenced against Twin City arising out of Twin City's refusal to indemnify JPMC in connection with professional services rendered to other corporations (the Worldcom action and the National Century Financial Enterprises, Inc., action), for partial summary judgment dismissing Twin City's counterclaims and certain affirmative defenses. Twin City cross-moved (in this action only) for summary judgment dismissing the complaint on the ground that the notice was insufficient to invoke coverage under the 97-01 policy period. JPMC "cross-moved"[ 1 ] (in this action only) for partial summary judgment dismissing the affirmative defenses to the extent that they contested the legal sufficiency of the notice. On March 10, 2009 the motion court granted JPMC's motion for partial summary judgment dismissing Twin City's affirmative defenses insofar as they challenged the sufficiency of the notice, denied Twin City's motion for summary judgment, and ordered that JPMC's motion for summary judgment dismissing defendant's counterclaims and certain affirmative defenses is sub judice and that the remainder of the action was to continue. In December 2008, following the completion of discovery, JPMC moved for summary judgment on all remaining liability issues and damages. The motion was granted and Twin City appealed from the March 10 order and the May 21 judgment.

The motion court correctly held that the notice to Twin City was valid under the 97-01 Program. Twin City argues that JPMC did not meet the condition precedent to coverage because 1) at the time of the notice, JPMC's Risk and Insurance Management Department, in particular Mr. Straub, had no awareness of any wrongful act, and 2) the notice did not identify any specific wrongful act. Twin City puts great stock in the fact that the notice states that JPMC has no actual knowledge of the acts listed, including breach of fiduciary duty, misrepresentation, fraud and negligence, and that Straub testified that the notice was JPMC's "effort to identify the types of acts and activities which we were involved with which, not specific to us, JPMorgan Chase, but as a general situation could, in the financial world . . . give rise to a claim."

However, Twin City's assertion that there was no awareness by JPMC of any wrongful acts, but only conjecture, rings hollow. It is clear from the record that there was heightened awareness, by both JPMC and its insurers in the days prior to the expiration of the 97-01 policy, of the impending implosion of JPMC's client Enron, which awareness led to the last minute filing of the notice of potential claims encompassing wide-ranging legal and financial issues that were almost certain to arise.

It is beyond cavil that the entire purpose of the notice, from both the perspective of the insured and the insurers, including Twin City, was "to put the expiring contract on notice of the ENRON circumstance" (emphasis added). And the notice accomplished this goal, as it presaged the allegations of the Enron lawsuits, including claims that JPMC, as one of the principal lending banks, loaning over a billion dollars to Enron, knew that Enron was falsifying its publicly reported financial results and that JPMC helped raise over $2 billion from the investing public for Enron and made false and misleading statements in registration statements and prospectuses used by Enron to raise billions of dollars in new capital for Enron. The notice identified claims that were likely to arise out of enumerated acts and in the context of the particular unfolding circumstances of the Enron debacle, all of which were described in the notice.

In a "claims-made" policy, the purpose of the provision requiring notice of potential claims before the end of the policy is to provide "a certain date after which an insurer knows that it is no longer liable under the policy, and accordingly, allows the insurer to more accurately fix its reserves for future liabilities and compute premiums with greater certainty" (City of Harrisburg v International Surplus Lines Ins. Co., 596 F Supp 954, 962 [M D Pa 1984], affd 770 F2d 1067 [3rd Cir 1985]).

The notice here, with its reference to Enron and its catalog of the transactions with Enron, is analogous to, if not more detailed than, other notices that have been held to be sufficient pursuant to similar notice provisions in claims-made policies.

For example, in Federal Sav. & Loan Ins. Corp. v Heidrick (774 F Supp 352, 355 [D Md 1991], on reconsideration 812 F Supp 586 [D Md 1991], affd sub nom. Federal Deposit Ins. Co v American Cas. Co., 995 F2d 471 [4th Cir 1993]) where the notice set forth wrongful acts including "possible self-dealing by certain officers and directors in the construction of the . . . main office building, and violations of regulations, breaches of fiduciary duty, and negligent acts or omissions by Officers and Directors . . . relating to the construction of [the] main office building and by authorizing, approving and administering various loans and projects," the court held that the notice satisfied the purpose of the policy by giving the insurer a date certain and allowing it to fix its reserves accurately and compute premiums.

In Bodewes v Ulico Cas. Co. (336 F Supp 2d 263 [WD NY 2004], affd in part and vacated in part on other grounds, 165 Fed Appx 125 [2d Cir 2006]), the notice was held valid where the Trustees of the Buffalo Carpenters Health Care Premium Benefit, Annuity & Pension Funds gave notice that claims would likely be made as the result of the decline in the financial status of the funds and of certain specific instances of alleged mismanagement, "as well as additional claims [that] would be likely to result in the filing of legal action against the Trustees" (336 F Supp 2d at 278 [internal quotation marks omitted]).

Furthermore, in Resolution Trust Corp. v American Cas. Co. (874 F Supp 961 [ED Mo 1995]), the court upheld a notice by a savings and loan reporting that a Federal Home Loan Bank supervisor had made statements regarding certain real estate projects to the effect that because of some deficiencies in documentation, if the projects result in losses, responsibility for these losses would be placed directly on the bank's board of directors.

A follow up letter contained the identity of a potential claimant and "very vague descriptions of the circumstances under which the insureds became aware of a potential claim and the nature of claim" (id. at 965).

The court rejected the insurer's contention that the letters did not provide "enough specific information to constitute adequate notice" (id.), noting that there was no requirement of such specificity in the policy.

Nor is there such a requirement of specificity in this policy, which requires only that the insured give written notice of "wrongful acts," defined as any act, error or omission, or dishonest or fraudulent act or omission.

Twin City's citation to Home Ins. Co. v Cooper & Cooper, Ltd. (889 F 2d 746 [7th Cir 1989]), is unpersuasive, as it actually supports JPMC's position. In Home Ins., an attorney who was the sole shareholder of his firm embezzled from accounts held by his firm, casting the firm into bankruptcy.

The bankruptcy trustee made claims before the policy expired on every matter the firm had ever handled. The court held the notice ineffective, finding that

"[i]f the trustee had reason to believe that the firm's work in a given case would lead to liability, it was entitled under the policy to inform the insurer within the period of coverage and to ensure indemnity if the potential came to pass. An effort to lodge claims on everything, to extend indefinitely the coverage of a 15-month policy, has no similar effect; it is merely vexatious" (id. at 750 [emphasis added]).

Here, the notice focused on a given situation — the Enron collapse — and set forth the many different aspects of professional services that might give rise to claims.

Similarly, Twin City's reliance on American Cas. Co v Wilkinson (1990 WL 302175, 1990 US Dist LEXIS 20153 [WD Okla 1990], is misplaced. In that case, the insured bank's notice listed 50 different individuals or entities who did business with the bank, and unlike the notice here, "[no] information was given about the events or circumstances giving rise to these alleged potential claims" (1990 WL 302175, *3, 1990 US Dist LEXIS 20153, *9).

In sum, the notice here was sufficient and the insured met the condition precedent for coverage.

We have considered Twin City's other arguments and find them unavailing, including the assertion that the loss arising out of the defense and settlement of the underlying litigation was not entirely for "professional services" covered under the policy and that there should have been some allocation performed by the trial court in awarding damages. Professional services is defined broadly in the policy to include all services provided by JPMC, including, but not limited to, Investment Banking Activities and Lending Activity. The underlying litigation specified these types of activities as giving rise to the claims. Thus, the losses are covered under the policy.

Accordingly, the judgment of the Supreme Court, New York County (Charles E. Ramos, J.), entered May 21, 2009, awarding plaintiffs the aggregate amount of $28,359,180.14 against defendant-appellant pursuant to an order, same court and Justice, entered May 19, 2009, which granted plaintiffs' motion for summary judgment, and order, same court and Justice, entered March 10, 2009, which, inter alia, granted plaintiffs' motion for partial summary judgment and denied appellant's cross motion for summary judgment dismissing the complaint should be affirmed, with costs.

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

1. The motion court noted the impropriety of attempting to file a cross motion to a cross motion but nonetheless considered the application, in the absence of prejudice to Twin City, which had submitted its opposition to that application. ""

Source
http://www.randywhitestone.com/2010/03/lehman-brothers-private-equity-lehman.html

Folks, don't forget that Proskauer Rose trying to Steal the Trillion Dollar Iviewit Patent and the Enron investments at that time led to the Enron Collapse.

Proskauer Rose gets these companies into the trouble that makes them go bankrupt, then represents them in the bankruptcy.. the Shareholders.. investors lose and Proskauer Rose Wins on all sides of the story. .. and as with all bankruptcy cases - it seems there is no one accountable to the creditors.. Really.. the FBI and DOJ are not listening .. they are looking for the WRONG Criminal just to get an indictment under their hat.

Links to Proskauer Rose and Enron
http://www.proskauersucks.com/search/label/Enron%20Bankruptcy

What Does the Iviewit Stolen Patent Have to Do With Enron?

It is Said that Enron's Broadband Division is what sunk the company. It is Said that The Broadband division was doing a deal with Blockbuster for delivery of a high quality video and had booked hundreds of millions in revenue based on these new technologies.

It is presumed these technologies were to be the stolen Iviewit Technologies. As Proskauer Rose Was involved with Iviewit's Stolen Patent, the SGI Bankruptcy and was representing Enron Somehow Right?

Enron was involved in a technology transfer and alliance agreement with Iviewit companies that may have been fraudulent companies with stolen patents.

Submitted by iviewit
2007-04-18 10:38:25

" It is amazing that an energy company was suddenly booking revenue as a broadband internet company. Blockbuster was started by Iviewit seed investor Wayne Huizenga. Arthur Andersen while conducting an audit for Crossbow Ventures, an Iviewit investor, funded by two thirds SBIC loans, was conducting an audit when they discovered two identically named corporations but one with missing minutes and stock records.

Andersen accused accountant for Iviewit, Erika Lewin, of misleading auditors regarding the Iviewit corporate structure and failing to state all the companies. Upon discovery of possible fraud and at the first signs that agreements such as the Enron/Iviewit deal were being done with these "other" identically named companies, Andersen suddenly went out of business with Enron and a shredding party like never before occured.

One must question why the Enron Broadband division escaped investigation and prosecution of its members when they were the cause of the collapse which had serious impact on shareholders and states like California.

All roads of the Bush Administration's corruptions lead to Patentgate. Check out www.iviewit.tv for more info. "

Source of Post
http://www.politicalfriendster.com/showConnection.php?id1=5&id2=5255


More on the Iviewit Stolen Patent at http://www.deniedpatent.com/
Posted by Industry Whistleblower Crystal L. Cox