How Steven Kazan and Alan Brayton Have Misappropriated Billions from Asbestos Trust Funds (and Victims) in 4 Simple Steps

Updated November 2019 – Opinion

Steven Kazan – Asbestos Trust Fund Thief

Asbestos Victims Lose While Steven Kazan and Alan Brayton line their  Pockets with Victim’s Money through Insider Dealing – Fraud

 

How Steven Kazan and Alan Brayton Have Misappropriated Billions from Asbestos Trust Funds (and Victims) in 4 Simple Steps

The “Methods” of Corruption of 2 California Asbestos Lawyers

Every present and future victim of asbestos diseases in the United States will receive less money than they are entitled to because of 2 very corrupt lawyers – Steven Kazan and Alan Brayton.

Look in any Asbestos Trust By-Laws and Trust Distribution Procedures and you will find them. Collectively, Steven Kazan and Alan Brayton control nearly every Asbestos Trust in the Country (approximately 30 Trusts totaling nearly $30 BILLION dollars).

They are “Fiduciaries” for the victims of asbestos diseases. But for each Asbestos Trust, Kazan and Brayton breach that “Fiduciary Duty”.

Insider dealing? Yes!

Concealment of Asbestos Trust Sites thus Hurting EVERY Present and Future Asbestos Victim? Yes.

Collusion? Yes. Every Asbestos Trust! “Hiring” as Fiduciaries and then receiving “Favorable” Treatment at Asbestos Trusts from Corrupt Lawyers like Tom Florence, Mary Ellen Nickel, Dan Myer, Marla Eskin and many, many others. 

Quid Pro Quo (Corrupt) Deals to ‘Steal” Victim’s Money? Yes. Every Trust.

The net result? The misappropriation of BILLIONS of dollars to Kazan and Brayton.

Who loses? Asbestos Victims. Every Present and Future Victims of Asbestos Trusts receive less money (or often none at all) because of the fraud of these Kazan and Brayton!

Thankfully….the D.O.J. is coming…..

OCFB Dep of Justice – Investigation Kazan-run Fraud 

USG Dept. Of Justice Letter Investigating Kazan-run Fraud

There are a Dozen more letters like this…

So How Did Alan Brayton and Steven Kazan do it?

How Did Alan Brayton and Steven Kazan

How were Kazan and Brayton able to misappropriate BILLIONS? 

4 Steps. That’s all it took.

And the fraud and misappropriation continues to this day! So what are the “4 Steps to Asbestos Trust Fraud” utilized by Brayton and Kazan to misappropriate billions. Let’s reveal them…

1. STEP 1 – Ensure that the other “Fiduciaries” on the Asbestos Trusts they Represent are “Interested Parties”, “Insiders”, “Friends” and those who will “look the other way” at Brayton/Kazan fraud: Just look at the other “Fiduciaries” (i.e. Trustees, Futures Representatives, Attorneys for the Trustees) on any Trust in which Brayton and Kazan are Fiduciaries. Would the Holocaust Survivors allowed Nazi’s to oversee the Holocaust Survivors Fund? Of course not! So why are the “Asbestos Soldiers” overseeing the Asbestos  Trust Funds?….With the help aand support of Steven Kazan and Alan Brayton. On each Asbestos Trust – the same cast of insiders, frauds, and often “interested parties” (former defense lawyers who are prohibited by the DOJ from working on Trusts). Examples include attorneys:
   • Gary Fergus (4 Trusts – former Brobeck defense lawyer and partner of the Trustee) – NOTE – FIRED 2019
   • Tom Florence (about 10 Trusts – “interested party” ), also is misappropriated millions in Trust funds from his “other business” Ankura Consulting – which conducts completely SHAM audits of non-favored lawyers (not Brayton/Kazan)
   • Dan Myer (former defense lawyer – interested party – about 15 Trusts) – insider deals with Kazan and Brayton
   • Peter D’Apice (4-6 Trusts) and his corrupt Law Firm – Stutzman, Bromberg, Esserman & Plifka, P.C,
   • Campbell and Levine (10 Trusts) -NOW THIS IS A CORRUPT FIRM. 100% on a ‘string’ to Kazan’s wishes. Kathleen Campbell Levin is a terrible lawyer and as corrupt as they come –
     

     Corrupt Lawyer Defined – Kathleen Campbell Levine

   • Bethany Recht (5-7 Trusts – liar, sham, complete fraud)  – a Complete  moron as  a lawyer…
     

     Queen of Asbestos Liability Concealment – Bethany Recht

   • Stephen  Snyder  – NOTE – “RETIRED” just as the D.O.J. Began Investigating Snyder’s Fraud Coverup Artist – (Interested Party – Former Fibreboard Lawyer thousands of cases – A complete Fraud, sham artist – has misappropriated a BILLION dollars in victims funds to himself, interested parties and Kazan/McClain/Brayton – 5 trusts). Here’s the proof: Snyder, as the Managing Trustee of the Western Asbestos Trust  paid himself  (misappropriated) well over $30,000,000. Evidence of Insider Dealing – Stepehn Snyder one of the worst – most corrupt lawyers in history
   • Annual Reports Detailing Kazan Theft – WAST Annual Reports – Detailing Theft of Funds by Snyder, Fergus, Brayton, McClain
   • Fraudulent Brayton Claim – Kananian was never at Hunters Point  – Snyder  paid a  on this claim along…..complete fraud
   • Example: – Alan Brayton is caught filing fraudulent claims with the Manville Trust Fund, Western Trust Fund and many, many more in 2004…and also committing Tax Fraud Exhibit P- Tax Court Stipulated Order and Ruling (2002)- Al Brayton-Deficiency over 3 Million plus Penalties Over 500 K—-Concerns 200 (1) – is anything done? Of course not! Brayton should have been removed from all Trusts and banned from filing claims. Here’s the proof he stole over $500,000 in just ONE claim. Brayton filed thousands. Further investigation would have revealed billions in fraudulent Brayton claims. But the insiders gave Brayton a “pass” – Articles – Brayton Fraudulent Bankruptcy Claims. Evidence of Insider Dealing – Snyder -Articles – Brayton Fraudulent Bankruptcy Claims
   • Example: Kazan and Firm XXXX file an identical claim. Kazan’s claim is paid due to insider dealing, favorable treatment and fraud from those above. Firm XXXX’s claim? “Sham” Deficiencies with years of delays, bad faith Trust reviews and Trust fraud.
   • NOTE – Each of the “Interested” lawyers above were required to sign a Declaration with Court disclosing any “interest” in the Trust or “relationships” with Counsel. Either the Judge in each bankruptcy didn’t read the Declarations or, more likely, each of the above filed a “False Declaration” with the Court. Here are the DOJ Rules each of the above has violated. Exhibit D – Dept. of Justice Trustee Handbook – select portions
   • Actual Check — Snyder – Brown paying Brayton’s Wife!
   • E-Mail dated September 25, 2015 from Trust Accountant to Brayton’s Wife
2. STEP 2 – Insert Favorable Rules into Trusts allowing for Favorable treatment, Excessive Claim Values, and Expedited  Claim Reviews for only Kazan and Brayton’s claims: Every single Trust in which Kazan and Brayton are a part of have very subtle rules allowing for “Favorable Treatment”, “Expedited Claim Reviews” and “Excessive Values” (for their claims). How do these rules get put into the ‘very dense’ Trust documents? How do you think? Kazan and Brayton insert them, the “insiders” above approve them, and the Judges  overseeing the Trusts never notice. Examples can be found in “every Trust”. One example inserted in many Trusts allows a Firm’s claims to be valued outside of the Trust procedures and based on historical settlement values. Who then decides how much the claims are paid? The insiders, frauds, friends from above. The Trust documents give the  Trustees (those in #1) the right to value claims. Consequently, Kazan and Brayton’s friends are valuing and paying their claims (extraordinary values) while the rest of the victims (millions) get far less.  Expedited treatment for Kazan/Brayton? Of course! Each Trust allows for expedited treatment and “exigent” reviews. Who makes the determination if a claim gets “expedited treatment” or an “exigent review”? Again – the insiders/frauds who serve as Fiduciaries above. The net result? Favorable Treatment and more money for Kazan and Brayton on EVERY CLAIM.
   • Example – 2 Identical Claimants – one represented by Kazan or Brayton – one represented by Attorney XXX. Same asbestos exposures, age, and diseases. Kazan or Brayton collects $2-4 million from Asbestos Trusts. Attorney XXX collects maybe $300,000. This is fraud and harms every present and future victim of asbestos diseases (the hundreds of thousands not represented by Kazan or Brayton) who get less money than they should from  Trusts. Who values Kazan and Brayton’s claims? The same buffoon they hired – Tom Florence! Here’s an ‘actual’ e-mail from Florence (a completely ‘canned’ response). Florence uses this as ‘justification’ for giving Kazan and Brayton 10x other lawyers on identical claims.  And of course – who inserted the rule below??? Steven Kazan! Despite every trust prohibiting favoritism! Fiduciary fraud at its highest level!! Here’s the Florence e-mail (note it’s from Ankura – his ‘other’ business) – Note how he starts every other line like EVERY defense lawyer with “As you know…” – what an idiot! (italics added to e-mail below for clarity).
     

     From: Tom Florence <tom.florence@ankura.com>

     Sent: Wednesday, November 6, 2019

     As you know, since the TDP matrix values are based on the historical tort system, the Trust is charged with making initial offers that mirror those that would have been obtained in the tort system (not true-the values are set by the TDP). As a result, the Trust evaluates claims within the context of what comparable claims received historically, where comparable cases are identified based on the dimensions specified in Section 5.3 (b)(2). (with favoritism to Kazan and Brayton). This section (inserted by Kazan) indicates: “The PI Trust shall liquidate the value of each PI Trust Claim that undergoes Individual Review based on the historic liquidated values of other similarly situated claims in the tort system for the same Disease Level. (or whatever Florence wants to pay Kazan/Brayton) The PI Trust shall thus take into consideration all of the factors that affect the severity of damages and values within the tort system including, but not limited to, credible evidence of (i) the degree to which the characteristics of a claim differ from the presumptive Medical/Exposure Criteria for the Disease Level in question; (ii) factors such as the claimant’s age, disability, employment status, disruption of household, family or recreational activities, dependencies, special damages, and pain and suffering; (iii) whether the claimant’s damages were (or were not) caused by asbestos exposure, including exposure to an asbestos-containing product or to conduct for which OC has legal responsibility prior to December 31, 1982 (for example, alternative causes, and the strength of documentation of injuries); (iv) the industry of exposure; (v) settlement and verdict histories and other law firms’ experience in the Claimant’s Jurisdiction for similarly situated claims; and (vi) settlement and verdict histories for the claimant’s law firm for similarly situated claims. (Again – inserted by Kazan! to give Florence any way possible to ‘justify’ his extremely enhanced values for Kazan and Brayton claims)…

     As you may know, when the ER values were established in the bankruptcy process, the Scheduled Values were set at a level where 70-75% of the historical settlements received less than that value.  In other words, the ER value was set so that it would be more than 75% of the cases had received historically.  As a result, it was expected that approximately 75% of the claims filed with the Trust would be valued at an amount equal to or less than the Scheduled Value (not true for Kazan and Brayton’s claims).  If a claim electing IR is estimated to receive a value under the Scheduled Value, counsel is notified and offered the Scheduled Value (NEVER for Kazan or Brayton).  This is done to insure that the claimant receives the highest allowable value under the TDP, since once a claimant accepts an ER or IR offer the claimant cannot change their ER/IR election.

     Each Trust evaluates claims separately. The Trust reviews all IR claims within the context of all comparable historical settlements by the firm, in the jurisdiction, against the defendant company.
 Also, the comparable cases that each Trust uses to value claims are cases that are specific to that defendant.  So it is entirely possible, as is the case in the tort system, that the value against one Trust is different than the value of the claim against another Trust.  If you go back and look at your historical settlements across all defendants, I’m sure you will find that the amounts of the settlements differ substantially from one defendant to another.

     I hope this is helpful (no – it just shows how undeniably corrupt Florence is…)…

     Tom Florence (the corrupt moron)

3. STEP 3 – Kazan and Brayton Theft – Conceal Sites where Asbestos Products were Located so Present and Future Victims of Asbestos Diseases are ‘shut out’ of Asbestos Trusts. These companies (70+) are bankrupt. As lawyers, we cannot do discovery against them. When an Asbestos Trust is created, it is the DUTY of the FIDUCIARIES (Kazan and Brayton) to publish ALL sites where a company’s asbestos products were present. Every Trust has a “site list”. A “site list” is critical for present and future asbestos disease victims to file claims. So what do Kazan and Brayton do? Kazan and Brayton actively conceal Asbestos Job Sites to harm EVERY present and future victim of asbestos Diseases. This is NOT a rare occurrence. It happens at Every Trust Kazan and Brayton are a involved-Examples:
   • ACandS – Thousands of sites concealed from present and future victims of asbestos diseases by Kazan and Brayton
   • NARCO – Thousands of sites concealed from present and future victims of asbestos diseases by Kazan and Brayton
   • ASARCO – Thousands of sites concealed from present and future victims of asbestos diseases by Kazan and Brayton
   • Owens Corning- Thousands of sites concealed from present and future victims of asbestos diseases by Kazan and Brayton
   • Fibreboard Asbestos Trust – Thousands of sites concealed from present and future victims of asbestos diseases by Kazan and Brayton
   • Quigley Asbestos Settlement Trust – Thousands of sites concealed from present and future victims of asbestos diseases by Kazan and Brayton
   • A.P. Green Asbestos Trust – Thousands of sites concealed from present and future victims of asbestos diseases by Kazan and Brayton
   • Quigley Trust
   • Bondex Trust..
   • Oakfabco Trust
   • Maremont Trust
   • etc….
   • So What happens when Kazan and Brayton conceal Asbestos job sites from Asbestos Trusts? All Present and Future Victims of Asbestos Diseases Lose! Present and Future Victims don’t get paid! The insiders (see #1) who run the Trusts conspire with the Kazan and Brayton to keep these sites secrets – and ONLY to be used by Kazan and Brayton. This step is KEY for Kazan and Brayton’s fraud and harms every present and future victims of asbestos diseases while giving Brayton and Kazan favorable Treatment. Kazan and Brayton have hundreds of thousands more sites in which they can pass asbestos claims.
   • Documented Examples of Concealed Sites by Kazan, Brayton in collusion with those listed above (i.e. Florence, Nickel, Recht etc…)
     • AC & S Settlement Trust – Extensive Nationwide AC&S Jobs Lists and Files Concealed by Fiduciaries + ACandS Liability Documents straight from Brayton’s Files
     • ASARCO Settlement Trust – ASARCO Supply to OCF 1964-1972
     • A.P. Green Settlement Trust – APG Job Cards – Jobs w-Asbestos
     • Kaiser Aluminum Trust (KACC) Settlement Trust – Verus Trusts (who reviews the claims) has denied that the attached invoiced document contains asbestos – KAISER STEEL REFRACTORIES – GARLOCK – Amazing that Trust insider and complete fraud Dan Myer denies this is asbestos.
     • Plant Asbestos Settlement Trust – This one is too good! Here is the ORIGINAL Plant site list – Once Kazan and Brayton got involved – they removed thousands of sites harming asbestos victims – Original Plant Site List Part 1 Original Plant Site List Part 2 Original Plant Site List Part 3 Original Plant Site List Part 4 – So many, many more to share – this is part of Kazan (and his sidekick McClain) and Brayton’s biggest fraud – the fraudulent concealment of asbestos job sites for all Trust in which they are “Fiduciaries”.
4. STEP 4 – Kazan and Brayton’s Key Step –  Wipe out, Blackball, and “Target” any Lawyer or Doctor who Complains about Kazan and Brayton’s Asbestos Trusts Corruption, Fraud, Bad Faith and Misappropriation of Funds.
   • Example – The Western Asbestos and Thorpe Insulation Trust spent over $5,000,000 (of victims/beneficiary monies) to file and pursue a sham case against my office. What lawyers did they pay this $5,000,000 to in order to pursue this sham case against my office? Gary Fergus (Brayton’s buddy!), Morgan Lewis (another “interested party” and a very corrupt Firm), Benjamin Smith (Morgan Lewis) – a former partner of an asbestos Trustee (Stephen Snyder). It should be noted that Fergus, Smith and especially Stephen Snyder committed extensive perjury allowing the Trusts to pursue the cases. These losers (Kazan/Brayton) would harm thousands of asbestos victims (my clients) and spend millions in Trust funds to try and blackball my office through sham cases. Talk about a couple repugnant humans…
   • At least $5,000,000.00 of victims funds misappropriated to “insiders” to pursue a sham case.
   • Example – William Durham – A Doctor in Good Standing with every Medical Board who helped Asbestos Victims went through a sham audit (like Mandelbrot) and was blackballed by Tom Florence/Ankura above. Who was behind it?? None other than Steven Kazan!

So here are the Frauds themselves: Steven Kazan and Alan Brayton (more frauds below too)….

Harming all Present and Future Asbestos Victims and the undisputed King of Corruption – Steven Kazan – aka Bernie Madoff (#kazanlaw.com, @kazanlaw.com)

1. 

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    – Alan Brayton – AKA – Al Capone

Manville Trust Fraud – Jason Rubinstein – Bad Lawyer – worse person