Thursday, September 2, 2010

Donate To The Truth & Justice Legal Fund


By: Rich Bergeron

Justice is not easy to obtain when you face as many adversaries as I do and the list of perpetrators keeps on growing. I have been engaged in some capacity in litigation designed to silence my work in three free states in this free country. Only one time has an injunction stood in the way that completely interrupted my efforts, and I'm not even a party to that case.

I recently broke off all settlement negotiations with the Xyience Liquidation Trustee's Counsel Jon Backman. I refused a $105,000 settlement offer because of a series of broken promises, constant changes to the plan of execution for the settlement proposed, and because $100,000 was unsecured AND in front of the shareholders I've been fighting for since the get go. I was offered $5,000 up front and told that was the maximum amount the trustee would allow. Then I was told I'd only get $2,500 up front and $2,500 when the deal was approved. That was not the way that "up front" payment was described when I initially agreed to this settlement.

I made my own changes in the end and told Mr. Backman that the only "deal" I would accept would be $6,000 paid by September 1, 2010. I knew the only way that deal would be done is if it was paid out by the TRUSTEE. I didn't want to even get involved in an unsecured claim, but if I did and I recovered even a fraction of what I was supposed to, the $6,000 should have been a much easier and less expensive option for the trustee to accept. Instead, they balked at the counter offer, and I vowed to fight on no matter what.

Because of my recent Open Letter to Jon Backman, some new developments have surfaced, and I have been getting lots of phone calls. I have blocked all of Mr. Backman's email addresses and told him if he wants to talk he can call me direct or send me a letter by postal mail. Either way, there is no chance of a future deal. I am convinced the trustee's attorney abused his charge and acted improperly to shield the lawyers involved in this fraudulent bankruptcy so he could get their approvals on certain aspects of the case. He also seems to be wanting to make sure these individual lawyers and firms get paid in full for their legal work designed to obscure the facts and insulate the worst of the worst perpetrators from culpability.

I am doing everything I can to bring this case back to the forefront. I also need to work to expose the latest developments and the stalling that precluded my decision to drop all hopes of a settlement. All a settlement would have solved would be to remove the estate from my counterclaims and the Rule 9011 motion still before the court and not yet heard.

Instead, Jon Backman will be among those I request in my next motion to be added to my amended 9011 motion for $150 million in sanctions related to the fraud, delay, and frivolous nature of the initial suit against me that started all this. Mr. Backman has gone as far as suggesting Rule 9011 could not possibly apply to him since he never filed a document in my case.

This is just another unfortunate example of an attorney who knows less about certain aspects of the law than I do. Either that, or he's just pretending not to know the nuances of Rule 9011. One of the principal reasons for Rule 9011 to be brought to bear in a case like this is due to DELAY perpetrated by an attorney and/or party, and the spirit of the rule is to serve as an abuse of process claim in the bankruptcy courts. It does not require an actual filing to be made by the offender and also regulates conduct or lack thereof that can be considered abuse of process or needless delay.

All the evidence is pointing to Mr. Backman making moves to intentionally delay me getting fair relief while at the same time allowing approval of all the billing for the attorneys who perpetrated the whole Xyience bankruptcy fraud. These attorneys aided and abetted all the USUAL SUSPECTS! Backman's protection of these lawyers is unacceptable and truly despicable considering his refusal to do anything significant to help me after I dumped a huge pile of evidence in his lap.

I met with Backman in Illinois in February, and I was paid $750 for travel, a payment that was generated very quickly by the trustee. Why the same trustee can't approve $6,000 flat when it was a $99,000 discount given to the estate under the circumstances, I just can't explain. The evidence I gave Mr. Backman was brought to bear against a great deal of the same usual suspects I'm pursuing in regards to sanctions.

Backman's adversary cases hit the docket years after my investigation began and utilized years of my research (including documentation) volunteered to him for no financial consideration whatsoever. I am sure he's recovered way more than $6,000 based primarily on evidence I gave him and avenues of research I pointed him toward. Yet, instead of working with me, Mr. Backman seems to be taking the word of some questionable characters with lots of skeletons hidden in their closets from the old days at Xyience before the Fertittas became involved.

Backman's behavior leaves me no choice now but to lump him in with my adversaries and fight this whole case on my own dime. As such, I need to generate some kind of a budget however possible. I ask anyone who can spare something toward my tireless efforts to donate what you can. Click on the donate button below to support my truth and justice fund. Stay tuned to this site for future updates, which will be more frequent than usual over the next few weeks.

I keep track of all my donations and will pay back every cent with interest upon earning any judgment.

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