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This transcript was hidden for 5 years. The reasons are clear from this extraordinary wiretap extension-cum-secret trial hearing.
At the hearing, Berger Singerman attorney James Fierberg misrepresented the status of concealed European litigation — but never filed those court records, even under seal. The obvious reason for this concealment was to: 1) illegally keep the wiretaps and other law enforcement information flowing to Bear Stearns, and 2) falsely justify further multimillion dollar bills that were being paid without scrutiny.
The European litigation was simply a doomed attempt to execute on the single line finding, in the Sept. 1998 denial of discharge order: that trust assets were estate assets. The same trustee, who was named in 1996 federal court litigation before federal district court Judge Lawrence King, was named in the secret British litigation. Since Goldberg had no judgment against the trust and Judge King had ruled in 1996 (the order is posted on this site) that the Trust must first be sued and a judgment obtained to attack its assets — events that never occurred —, Berger Singerman knew the European litigation couldn't succeed. So they concealed the complete failure of that litigation, and instead, misrepresented its results. The gravy train kept rolling. And the law enforcement tapes and other protected DOJ information continued illegally flowing to Bear Stearns.
Amazingly, the transcript shows that control of the DOJ was turned over to Juval Aviv (who's name was (deliberately?) misspelled as "Aveve" throughout the transcript thereby obscuring his real name) (See the other posts on this site about Juval Aviv). The judge even vouched for Aviv, who claimed at the hearing,"I delivered on this one and I'm very pleased of it." The fictitious bank accounts Aviv referred to at the hearing were never disclosed or placed on the record, sealed or otherwise. Aviv had previously been indicted and tried for false billings, among other matters, and he claimed the US Government was responsible for the Pan Am flight 103 bombing over Lockerbie. This explains why Berger Singerman never filed Aviv's bills or applied for a mandatory fee payment approval order. Aviv's bills expose him to further false billing charges for the many "confidential informants" he falsely claimed he used and would also show the dates and means by which Bear Stearns was able to con the US government into illegally wiretapping for them and be passed the results of that con.
Scott Rothstein and Lewis Freeman would be proud of Berger Singerman.
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