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Details for Attorney Transcript - "I see you, I'm going to kill you."
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NameAttorney Transcript - "I see you, I'm going to kill you."
DescriptionA Bankruptcy Attorney states to a creditor in the Worldcom bankruptcy : "I see you, I'm going to kill you."  Taken in the full context of the transcript (which was affirmed by the quoted attorney in Federal court as being accurate before Judge ARTHUR J. GONZALEZ) the statement is shocking.  At best, this lawyer is advising to his client the legality of issuing death threats as well as his casual acceptance as to the use of this sort of extortion by a bankruptcy professional against a creditor in the ordinary course of a corporate bankruptcy.  Perhaps more accurately we witness the lawyer conveying a threat to his client, either a thinly veiled warning that other parties threaten to kill the client, or the lawyer is intending to threaten the client on his own behalf. 
   Either way, there is no possible dispute of the fact that this lawyer brought up the subject of death threats during an increasingly heated discussion in which this lawyer revealed he didn't want the issue of conflicted relationships and favoritism to certain hedge fund / vulture investment firms to be made public.  In a Fabulous Flip Flop Fantastique, this lawyer forbade his own associate attorney (his employee) from filing the very same document which his employee drafted for the client at the client's expense.  In other words, the client did not prepare a document and tell this lawyer "Put your name on what I wrote and file it"This Lawyer's own associate prepared the document!  Why such a 180 degree change of heart? 
   A simple request that the Court orders a party to disclose information is extremely common in bankruptcy cases.  What isn't common is that the nations most powerful billion dollar BigLaw firms and their hedge fund clients are the target of the request. 

   Why bring up "death threats"?  What lawyer in his right mind interjects the subject of death and murder - in the context of extortion - when giving legal advice to a client?  Any preliminary investigation would first have to determin if there were any undisclosed conflicts or favoritism in the distributions to the small circle of claims traders holding some $600 Million dollars worth of claims.  Such an investigation would be extremely easy given that a special prosecutor could start with a form letter to the few dozen law firms involved, and the 50 claims traders.  Also, Worldcom's complete distributions are maintained on a computer and each payment amount and date is easily compared to the amounts and dates of payments to other creditors who have never otherwise paid these lawyers any money.  And while the special prosecutor is investigating, maybe he can figure out why Eliot Spitzer refused to allow New York State to perform any criminal or ethical action against any of the New York lawyers involved. 
   Here is an important point of information and possible explanation for this particular situation: a few special BigLaw firms which make hundreds of millions of dollars from estate fees (such as the fees in the Worldcom bankruptcy) as they sought advantage for certain hedge funds, are powerful and could destroy any small law firm which dared to question the facts of undisclosed conflicts and violations of bankruptcy law.  300 pound gorillas follow their own set of ethics rules and are otherwise above the law when their organized crime affiliates infiltrate the DOJ and the Judiciary.  This is the reality of ACPOC Syndrome and the fact that a small law firm could get detroyed by merely exposing misconduct of more powerful firms.  Was a Doug a coward, or a pragmatist?.
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Created On: 25.06.2008 00:00
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Last updated on 18.07.2008 23:44
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