may 1998 off-the-docket berger singerman court papers with james fierberg's fabricated affidavit and...

8/14/2019 may 1998 off-the-docket berger singerman court papers with james fierberg's fabricated affidavit and orders hidden for 7 years

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lThj..TEDSTATES Bit"- ,1HCRUPTCY COURTS O T L I T-t tERN DIST.R.ICT OF FLORTT.)A.

In re:

STF.PH- JAY LAWRENCE

Debtor.

Case No. 97-14687-BKC-.At` ''.Ch apter 7

TRUSTEE'S EX PARTE MOTION UNDER SEAL FOR AUTHORITY TO EMPLOYPRIVATE INVESTIGATOR NUNC PRO TUNC TO MAY 4, 1998

ALAN L. GOLDBERG, the duly appointed and acting Chapter 7 Trustee for the estate

of Stephen Jay La wrence (the.,"D ebtor"), by and through h is undersigned counsel and respectfull

requests that this Honorable Court enter an ex parte order under seal authorizing the Trustee to

engage William H. Riley of Riley, Kiraly & Associates as a private investigator, nunc pro tune

to May 4, 1998, and in support thereof, resRectfully represents that:

1 T-he-T-i:ustee in this .cause has been investigating the complex financial affairs of

the Debtor over the past ten (10) months. In almost every instance, the Debtor has been

uncooperative at the least and blatantly obstructionist at the worst.

2. A s a result of the efforts of the T rustee, there is presently pending before this

Court (i) a Complaint Objecting To Debtor's Discharge (11 U.S.C. ,f727 (a)(2)(4); (a)(3);

(a)(4)(A); (a)(4)(D); (a)(5) and (ii); and a Trustee's Objection To Debtor's Claimed Exemption;

Motion For Turnover of Pension Funds and for Accounting.

3. Ma ny of the allegations wh ich the Trustee has a sserted and which form the

substantive ba sis for the Complaint a nd the Objection, arise from the testimony o

F:'4884\0011

FEAL.MOT

5/4/98

Berger Davis &Singelinan200 South Biscayne Boulevard Suite 3410 Miam i, Florida 33131-5308 Phone: 305.755-9500 Fax: 305.375.7740


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4. Or. Fe^rn, 7 90 , 1998, the Trnst ,-- to ok a ler.gthy and d e talle de posi tion

The Debtor pa

counsel attended in person. The Debtor was, therefore fully aware of the testimony (31I.

5. As of May 1, 1998, the Trustee had not received the executed errata sheet for the

transcript o testimony, and as such, the undersigned counsel contacted

-to inquire as to the status o f the errata sheet.

6. During the conversanona

teach, it was disclosed that since February 20, 1998, the Debtor, Stephan Jay Lawrence has

been engaged in a systematic pattern of corrupt persuasion, intimidation and threat designed to

induce to materially alter and impair the integrity of Or sworn deposition

testimony.

7. Stephan Jay Lawrence is alleged to have engaged in the following actions in-

furtherance of his witness tampering:

a. repeated harassing telephone calls tc=in home;

b. submissio of a fals ified errata sh eet specifically prepared

Ml which was intended to materially alter and impair the integrity oM previously

sworn testimony;

c. leaving threatening telephone messages with 14 year old son;

d. leaving threatening telephone messages with companion;

e. making numerous "phoney" telephone calls in succession wherein the phone call

is terminated when the receiver is picked up b or members of her household;

FA 4 8 8 4 \ 0 0 1SEAL.MOT5 1 4 / 9 8 2

Berger Davis & Singerm.an200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax 305.375.7740


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f. making threatening stateme-ntst toer WM

s Is 1 Is 1 1 1 1s IIIIII=1111Ig. referencing 111 11 11 1 to oth er destructive and expensive litigation pursued by

Stephan Jay Lawrence, and implying that if did not alter her testimony, she would

become embroiled in similar litigation for years.

8. The undersigned counsel has recently been made aware of other potential

intimidation practiced upon prospective witnesses whereir ha s expressed

concern that Stephan Jay Lawrence intends to subjec.= to costly litigation if the Truste

is s uccessful in th e pending matters.

9. The undersigned counsel to the Trustee has annexed hereto as Exhibit "A", -his

affidavit in support of the allegations s et forth h ereinabove.

10. T he T rustee believes that it is his duty to thoroughly investigate these seriou

allegations of witness ta mpering and if appropriate, to ma ke a referral to th e Ba nkruptcy Frau

Ta sk Force and/or the Office of the U nited States A ttorney.

11 . Prior to taking so s erious a step, the T rustee believes tha t it would be prudent to

seek independent verification of these allegations a nd that W illiam H . Riley of Riley, Kiraly

A ssociates be employed as a priva te investigator for the estate to investigate the allegations o

witness tampering.

12. T he T rustee respectfully submits tha t the attendant and exigent circumsta nces o

this ma tter dictate tha t the employment of W illiam H. R iley, of Riley, Kiraly & As sociates, m

pro tunc to Ma y 4, 1998, be approved under seal to prevent Stepha n Ta y La wrence and/or hisagents from further compromising the official processes of th is C ourt.

F:1488410011SEAL MOT. 1 4 1 9E 3

Berger Davis & Sin gerrnan200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 305_7559500 Fax: 305.375.7740


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13. W illiam H. Reilly of Rile.y, Kiraly & As sociates h as ageed to be comnensaate

upon application to the C ourt and upon the further Order of this Court.

14. W illiam H. Reilly of Riley, Kiraly & As sociates is a licenced private investigato

and is well qualified to perform the services for which h e is being retained,he does not hold o

represent any a dverse interest to the estate and is a disinterested person within th e meaning of 11

U.S.C. 327 (a).

W atR EF O R E, it is requested that this H onorable Court enter an ex parte O rder unde

sea-1 :

1. Auth orizing the employment of W illiam H . Riley of Riley, Kiraly & A ss ociate

as a priva te investigator to investigate the allegations of witness tam pering against the D ebt

and

2. Granting such oth er and further relief as ma y be just a nd proper.

LOCAL RITE 910 (A) CERTIFICATION

I HE RE BY CE RT IFY tha t I am admitted to the Bar of the United States D istric

Court for the Southern District of Florida and I am in compliance with the additional

qualifications to practice in this C ourt set forth in Local R ule 910(A).

Date: May 4, 1998 BERGER DAV IS& SIN-GERMANAttorneys for Trustee200 S. Biscayne BoulevardSuite 3410Miami, arida 3131 - /-Te a ne No. 55-9500

V i r

F:14884\0011SEMMOT5/5/98 4

James H . Fig bergFlorida B.. o. 0050970

Berger Davis &Sirigerman.200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 505.755.9500 Fax: 305-375.7740


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I .11\TITED STAT ES EA3.%K.RTJPTCY COUR.TSOUTHERN DISTRICT OF FLORiDA .

In re: Case No. 97-14687-BKC-AJCCh apter 7

STEPHEN JAY LAWRENCE

Debtor.

p f/2 , - .

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/..) . . . . . ;

AFFIDAVIT OF JAMES H. FIERB ERG

BEFORE ME, the undersigned authority, this day personally appeared, James H.

Fierberg, who, after being duly sworn, did depose and state that:

1. I am an attorney employed by the law firm of Berger, Davis & Singerman, PA.,

attorneys of record for Alan L. Goldberg, the duly authorized and acting Chapter 7 Trustee in the

above-captioned banknaptcy case and have personal knowledge of the facts set forth herein.

2. C 1 Febiva r- 20, 1998, the undersiva ed conv_ened_a. lengthy _and detailed_d eposition

o The Debtor, Stephan :ay Lawrence participated in

the deposition via telephone and his counsel attended in person. The Debtor was, therefore fully

aware of the testimony ci4

3. As of May 1, 1998, the undersigned had not received the executed errata sheet for

the transcript of testimony, and as such, on said date the undersigned contacted

to inquire as to the status of the errata sheet.

4. During a conversation had wi

it was disclosed to the undersigned that since February 20, 1998, the Debtor,

Stephan Jay Lawrence has been engaged in a systematic pattern of corrupt persuasion,

intimidation and threat designed to induce lto materially alter and impair the

integrity of her sworn deposition testimony.

Berger Davis &Singennan200 So uth Biscayne B oulevard Suite 3410 M iami, Florida 33131-5308 Phone! 305_755.9500 Fax: 305.375.7740


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7/12

.rkfedalrit of fori .s H . Fierberg, E sc.Page Two

the Trusteeis success ful in the pending matters.

FLIRT R AFFIANT SAYETH NAUGHT

STATE OF FLORIDA)DADE, SS. ) k /

T he foregoing instrument was a ciail owled 1; \64,e...s, b c -7me this I(A da y of May, 1,998 by

( /

7 aut esI. rb rg, Esq .

LI

James H. Fierberg who .t' Per--:---- iTs i c a l ay known toLs,Dai or who has has producedas identification.

NOTARY'' f :LIC

Sian/ I P71

My C ommission Expires: (SEAL) > io.s'emx,--Av A i . - A N .-, - , -, ,,-,\,; N ; \-\ c w,,m v, s,,%

2i>I ,..

o py P4,4, Elsa S.Fresco't Notary Public, State of Florida>

if Commission No. CC 480817; oFfe . M yCommission Expires 09C.199": j-400.34{0Say - Nary Service &/I mam co.

eA Ale&er rA Y .M .V .", ?0, %.? , /f/lee....:eee/A.:Ofeereeeear,

F : 4 4 8 8 4 1AF F5 / 4 1 9 8

BergerDavis &Sirigerman200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 305.755.9500Fax: 305.575.7740


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CLERK UNITED STAT E SBANKRUPTCY COURT

SO. DIST. OF FLORIDA

UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF FLORIDA

In re:

STEPHEN JAY LAW RENCEDebtor.

I

Cas e No. 97-14687-BICC-A 3Ch apter 7

R E C E I V E DFILED ID fl i

M A Y 7 1 9 9 8

TRUSTEE'S EX PARTE REQUEST TO SEAL PLEADINGS

AL AN L. GO LD BE RG, the duly appointed and acting Cha pter 7 Trustee for the estat

of Stephen Jay La wrence (the "D ebtor"), by a nd through h is undersigned counsel and respectfully

requests that this Honorable Court enter an ex parte order sealing the Trustee's Ex Parte MotioUnder Seal For Auth drity To E mploy Priva te Investigator Nunc Pro Tunc To Ma y 4, 1998.

LOC AL RU LE 910 (A) CERT IFICA TION

I HE RE BY CE RT IFY that I am admitted to the Ba r of the United States Distric

Court for the Southern District of Florida and I am in compliance with the additional

qualifications to practice in this C ourt set forth in Local R ule 910(A).

D ate: May 6, 1998 BERGER D AVIS & SINGERMANA ttorneys for Trustee200 S. Biscayne BoulevardSuite 3410

FA43341001s

sEAL.moT516198


10/12

James H. Fierberg, E

UNITED STATES BANKRUPTCY COURTFOR TB] SO RN DISTRICT OF FLORIDA

In Re:

Stephan Jay Lawrence,

Debtor.

CaseChap r

z 5 4 , FPEIVED tori--EUX7-aC-Ajc IVI 7 Mai

CEM( UNITS0 STATESBANKRUPTCY COURT

SO. DIST. OF-FORIDA

ORDER GRANTING TRUSTEE'S EX-PARTE MOTION TO SEAL PLEADINGS

T H I S CA U S Ecame before the Court in Chambers at Miami, Florida on May 7 ,

1998 upon the Trustee's Ex-Parte Motion To Seal Pleadings in connection with the Trustee's

Ex Parte Motion Under Seal For Authority To Employ Private Investigator, Nuzzo Pro Tunc to

itappeaing _to :the_Court.that -theT -rustee-ha s _sh own...just cause -for -the-paiief

requested and the Court being otherwise fully advised in the premises, it is therefore:

ORDERED that the Trustees Ex Parte Mo .d.on To Seal Pleadings is GRANTED,

f-1 or"' d 1-4,1-1J 0 41,9 s 1 4 A -L LA rSO ORDERED, at Miami, Florida in said district on this 7 day of May, 1998.

CHIEF BANKRUPTCY JUDGE

Copies to:

FI\4884\301\

MAL . O R D5/6/SE1


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UNITED STATES BANYRUPTCY COURTFOR THE SOUTHERN DISTRICT OF

IP Re :Case No

Stephan Jay Lawrence , 1 -1-1

Debtor.

ORDER GRANTING TRUSTEE'S EX-PARTE MOTION UNDER SEAL FOR AUTHORITYTO EMPLOY PR IVATE I NVESTIGATOR NUNC PR O TUNC TO MAY 4 , 1 .998

THIS CAUSE came before the Court in Chambers at Miami,

Florida on May 1358 upon the Trustee's Ex-Parte Motion

Under Seal For Authority To Employ Private Investigator, Nunc Pro

Tuno to May 4, 1998, it appearing to the Court that the Trusteehas shown just cause for the relief requested and that the

employment of a private investigator is necessary and appropriate

under the circumstamces disclosed in the Trustee's Motion, it

further appearing to the Court that under the circumstances

alleged in the Trustee's Motion the approval of the employment of

the private invest igator under seal is appropriate and the Court .

be ing o therwise fu l ly advised in the premises , i t i s there fore :

O RD E RE D614=

1. That the Truste e 1 4 . . 7 1 t r e r = e b y i s

authorized to employ Will iam H. Riley of Riley, Kiraly &

Associates as a pr ivate invest igator, numc pro tunc to May 4 ,

1998, for the purpose of investigating the allegations of witness

tamper ing which have bee n ra i sed in the Trustee's Motion_

2. William H. Riley of Riley, Kiraly & Associates

shall be entitled to compensation for his services rendered and

reasonable expenses incurred upon application to the Court and


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Page Twois ra Stephan Jay LawrenceChapter 7 ; C ' a s e NC. 57-14687-EXC-A1 CORDER GRANTING TRUSTEE'S EX-PARTS MOTIONUNDER SEAL FOR AUTBORITT TO EMPLOY PRIVATEINVESTIGATOR NUNo PRO TUNC TO MAY 4, 1992

fu r the r Orde r o f the Cour t .

3 . This Order i s be ing e n te red under se a l pending fur ther

Order of the Court .

SO n P TYOR 7 1 1 , at Miami, Florida in said district on this - 7day of May1998.

A. JAY'CRTSTOLuCHIEF BANKRUPTCY JUDGE

Copies to L :

James H. Fierberg , Esq. 9 .pV- ) 4

F:143841001\PI.ORD5/4/98

may 1998 off-the-docket berger singerman court papers with james fierberg's fabricated affidavit and...

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