How Steven Kazan and Alan Brayton Misappropriated Billions from Asbestos Trust Funds in 4 Simple Steps
The “Methods” of Corruption of 2 California Asbestos Lawyers
Every present and future victim of asbestos diseases will receive less money 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 on each Trust, Kazan and Brayton breach that “Fiduciary Duty”. Insider dealing? Yes! Concealment of Asbestos Trust sites? Yes. Collusion? Yes. 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!
So How Did Brayton and Kazan do it? 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…
- 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. On each, 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),
- Tom Florence (about 10 Trusts – “interested party” ),
- Bob Capritti (former defense lawyer, interested party and complete sham artist – 10 Trusts);
- Dan Myer (former defense lawyer – interested party – about 10 Trusts),
- Peter D’Apice (4-6 Trusts) and his corrupt Law Firm
- Stutzman, Bromberg, Esserman & Plifka, P.C, Campbell and Levine (10 Trusts),
- Bethany Recht (5-7 Trusts – liar, sham, complete fraud),
- Stephen Snyder (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 – Snyder
- 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 FraudExhibit 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 –
- 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
- 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.
- STEP 3 – 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:
- 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
- So What happens when Kazan and Brayton conceal Asbestos job sites from Present and Future Victims of Asbestos Diseases? 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.
- Documentary Examples of Concealed Sites by Kazan, Brayton in collusion with those listed in #1 above –
- 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”.
- STEP 4 – Wipe out, Blackball, and “Target” any Lawyer 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, 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.
- At least $5,000,000.00 of victims funds misappropriated to “insiders” to pursue a sham case.
So here are the Frauds themselves: Steven Kazan and Alan Brayton (more frauds below too)….
Harming all Present and Future Asbestos Victims – Steven Kazan