New York case update

A few people have who asked about what's going on in the New York lawsuit against the State of Florida, Gov. Charlie Crist, various banks and numerous others related to the Lou Pearlman-Trans Continental investment scheme. So far as I can determine, nothing of significance will be happening until Oct. 3, when there will be oral arguments on the state's motion to dismiss the case. You can view this motion and the lawsuit itself in my previous update. Here are a few documents filed since that update:

State of Florida defendants' filing asking to delay discovery until after some of the issues in the motion to dismiss have been resolved.

Wachovia Bank filings: One, Two,  Three. The bank says that it (and apparently other defendants) never have been properly served in the case. It said either they should be served or the case against them should be dimissed. It wants the judge to order the plaintiffs to provide "a very specific statement of what it was exactly that the plaintiffs believe each bank did to which of the plaintiffs." It said the plaintiff's lawyer promised to do that back in July, but instead of doing it, has "harassed all defendants and the court with a constant barrage, on an almost daily basis, of baseless, inappropriate, arcane, fantastic, procedurally deficient, often unsworn, sometimes incomprehensible, and ultimately completely unproductive, motions and correspondence." The second document is a transcript of a July 11 hearing in the case.

Comments

Today starts the Jewish new year, may Pearlman rot in hell for what he did to me and my family!

[OPEN THE DOOR BUSH ITS LOCKED]

Helen,
You hit it write on the head. federal pros. passes the buck to banking feds. Banking feds are run by GOB (GOP).
What a joke. Enough said.

Helen, you mean well, but I have serious doubts bank regulators are going to fight for people having a problem with banks. That requires a lawyer unless a person thinks he will get complete consideration without one. Banks are HUGE financial sacred cows, regular folks have little chance against that.

[Helen Huntley]

To 12:47--I don't think you understand the role of the federal prosecutor. If you think a bank did not act "properly," that's not his concern. That's an issue to take up with banking regulators. (You can search banks at www.fdic.gov to determine who their regulator is.)

4:28 pm, Pearlmans circle should not be all that is looked at is what I am saying. The banks for example have not acted properly, and have caused un necessary losses as a result. The US prosecutor could be a help there if the case is not hopelessly political. Helen is that the entire role of the US prosecutor, to prosecute criminals only? Could he act on behalf of victims of Pearlmans criminal activity, by holding to account any culpable partys to the losses?

[Helen Huntley]

To 12:58 p.m.--The U.S. attorney's job is to prosecute criminal cases.That appears to be his "agenda." It is premature to conclude who he is or is not going to prosecute.

[Helen Huntley]

There is no class action lawsuit. This New York case was brought by Jim Lowy and Edward Fagan on behalf of a list of named plaintiffs (see the previous update for a copy of the lawsuit, which contains their names), who paid a fee to participate in the suit.

[scammedbypearlman.com]

Jim Lowy is a Tampa attorney who is representing many of the victims of the Trans Con EISA scam. It is not a class action suit. He is working with a firm in NY on this case. His number is 813-288-9525. To see his filing go to http://blogs.tampabay.com/money/2007/08/the-new-york-la.html

This posting is informational only. We are not plaintiffs.

Who is Jim Lowey? Does he have a class action suit? Does he charge a fee?

12:58 Why don't we wait till the facts are out before determine all people in or around LP circle guilty, or do you have information we don't know.

So far the fraud victims and Pearlmans agents are not important to the US Prosecutor. Seems all he wants is whatever his agenda really is, which no one has a clue of so far. Terrable message to crime victims in Florida.

[tanker]

I remember reading in the N.Y. paper (off THIS link somewhere) about a guy who had worked for the airlines all his life and in his late 80's put his life savings in with Golden Securities, a woman from Golden Securities took him as well as several others, are there lawsuits going on with those people also? How many of the N.Y. state people were EISA investors or victims?

PEARLMAN ETAL MAKE ME SICK!

[helium head]

to 10:05,
just a thought for you. there may be several "leeches" out here on this blog, but in my opinion, the biggest leech of all can be described as follows: LOUIS JAY PEARLMAN! nuff said!

10:42PM,

No, I posted it first. Maybe he's who copy and pasted my post.

Civil suit against all the officers of the companies is the way to go.

[Ahmed]

I believe all the many posts containing the phrases, "our previous post included vulgarities and now you put the person's name out for all to see. Why all the vindictiveness?" are from our friend Ayman E-D.

Hey 10:05PM

What's the deal with plagiarizing me? I wrote the following on a different blog "Judge Approves Fischetti Examination" at 9:30PM and you copy and paste my words here.

My post at 930PM:
What's your deal? Your previous post included vulgarities and now you put the person's name out for all to see. Why all the vindictiveness? I don't know or care who this guy is. If he committed a crime, was charged and paid hid debt to society for his misdeed, there is no need to harass him.

[Kim]

Thanks for keeping us up to date on this Helen.

Gee, Les, that was real helpful. Who are you trying to impress? Stuff we don't want to see replaced with stuff we've already seen.

What's your deal? Your post included the person's name out for all to see. And you accuse a fine person of threft and deception. Why all the vindictiveness?

I don't know or care who this guy is. If he committed a crime, was charged and agrees to pay his debt to society for his misdeed, there is no need to harass him.

Get a life and go make up more garbage for another book to peddle. You are indeed a leech on society. The sad thing is Helen buys your brand of kool-aid and peddles it here.

What is going on with the Fagan and Lowey class action suit? I heard they collected $1,000 from every one. Is that true?

12:56, you sound like a criminal, let the case drop while maintaining Pearlmans innocence, not to mention the states and the banks? If someone gets murdered, they're dead so don't waste money convicting the killer is how it goes,eh. Nice.

[Les Henderson]

William Jay Zubick was sentenced to 24 years and 8 months in prison Thursday in connection with the theft of $16 million, according to the Monterey County District Attorney's office.

Zubick, 42, stole the money from 29 friends by pitching a false business partnership between 1999 and 2006, according to the district attorney's office.

http://www.bizjournals.com/sanjose/stories/2007/08/27/daily73.html

Let's see now, 16 million goes into 500 million how many times, then multiply that by 24 years.

If only it worked that way.

to 12:56 Why waste the courts time? It's called justice and punishment for the crime. Some emotional satisfaction for the victims that they didn't get away with this without paying for it too. At this point,even if it is unlikely that money will be recovered,they need to be prosecuted to the full extent of the law.For their own guilt and to set a precedent or example for those low lifes considering the same thing. To establish guilt and then go after all guilty parties and accomplices. To make the the government agencies and banks who perpetuated and legitimized this scheme take notice and action. Why would someone want this case to be dropped. Perhaps for selfish reasons.

[Les Henderson]

Even if Lou J and his cohorts somehow get off on the criminal charges they will, like O.J., still get their due through civil proceedings.

Let them all proceed. Go Jim go.

[me]

Good luck ...

They should just let this whole case drop. And all of the other civil suits. First, no one is going to recover anything so why waste the courts time.

I think it is interesting that we have already condemed Lou as being guilty. If I remember correctly it is innocent until proven guilty. And I haven't seen a conviction yet. And that goes for Fischetti as well.

Lets take bets on how much Kapila and his professionals will cost us.

I say over $5M to date.

6:30, you sound like a very intelligent person. You are a credit to your state, please stay in sunny Fla. and do all of us schmucks a favor. Thanking you in advance
Sincerely,
10 million strong

Lou's 6 henchmen who ran all his businesses also came from NY.

Why the Heck should NY be able to tell FL what to do? Afterall NY is the state that produced such fine humans such. the con artist and so many of his schmuck victims

The state of Florida is not conducting itself honorably, nor the banks. The banks seek to reduce things down to a transactional issue alone, which they hope favors them somehow. They would like all to believe for all these years and even up to December 2006, they had no clue they were facilating a fraud. No heads up from the state, no alarms from Pearlmans phony docs, no investors wonderring why they could not get their money. Business as usual. They also don't want any precedent that forces them to do anything, much less be responsable and do the right thing, apparantly. NY venue is a huge threat to them. It is the legal arena, all bets are off.

The stay of the discovery documents from the state of Florida says it all.

So true 12:28, it is the Florida defendants stonewalling along with the banks as they believe they are untouchable. Yet they are finding their privileges are being scrutinized by the NY court system because of the constant hammering they are getting from their opposition. No one can really predict the outcome but you can rest assured Florida and the banks do not want to fight this battle in NY.

People who know not what they speak, should not speak. Case is progressing nicely, bank statements are b------t. All defendants are running scared and find themselves behind the 8 ball. Florida is fighting these charges the same way they protect their citizens, trying to ignore and hope it goes away. Any defendant with culpability and money are scrambling for a defense, that isn't there.
"FRY FISCHETTI FRY"