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A Profile in Asbestos Trust Fraud – Sander L. Esserman, Stutzman, Bromberg, Esserman & Plifka

OPINION

April 13, 2018

Below is a Notice provided to Fiduciaries of the Bestwall LLC Trust regarding Sander L. Esserman, attorney at  Stutzman, Bromberg, Esserman & Plifka. Simply put, Sander L. Esserman colludes with ‘select’ Plaintiff Counsel (Steven Kazan, Alan Brayton) to harm Asbestos Victims and Misappropriate Asbestos Trust Funds. Esserman and his Law Firm have engaged in ‘sham’ audits, bad faith, collusion and fraud for at least a decade. Who loses? Beneficiaries of Trust where he misappropriates funds….

Sander L. EssermanCorrupt Asbestos Trust Attorney – Sander L. Esserman (bad comb-over too!)

(In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.)

NOTICE: Fiduciaries of the Bestwall LLC Asbestos Trust,

I am writing to you put you on Notice on behalf of Beneficiaries (both present and future) of the Bestwall, LLC that you cannot appoint Sander L. Esserman to represent futures asbestos injury claimants in the matter referenced above. Simply put, Esserman is not “disinterested” as required by Department of Justice rules due to his longstanding close and personal relationships with Plaintiff Counsel Steven Kazan/Alan Brayton (who serve as Fiduciaries on nearly 30 asbestos Trusts), and due to Esserman’s and his Law Firm’s work in various capacities on at least 10 asbestos trusts ( working w/ Trustees on some trusts, Plaintiff lawyers on others, the Trusts on others). I’ve attached a portion of the Department of Justice rules relating to “disinterested parties” for your reference.

As Claimants Representative for thousands of Asbestos Claimants with all Asbestos Trusts, I have ‘dealt’ with Esserman as his Law Firm for the past decade while representing sick and dying asbestos victims. Facts clearly concealed by Esserman from Bestwall Fiduciaries which would prevent his appointment are as follows:

  1. Sander Esserman and his Law Firm have colluded with at least 10 Asbestos Trust to conduct ‘sham’ audits of Beneficiary Claims, thus misappropriating Trust funds. Examples of Trusts where Esserman and his Law Firm are engaging in such bad faith dealings include but are not limited to: J.T. Thorpe Company Asbestos Trust (Texas), Combustion Engineering Settlement Trust (N.J.), G.I. Holdings Asbestos Trust (N.J), Motor Liquidation Trust (handled by mfrclaims.com/Mike Rooney) and many,  many others. I have many, many documents/e-mails from his Law Firm proving the same going back to 2014.
  1. Sander Esserman and his Law Firm have colluded with Plaintiff Lawyers Steven Kazan and Alan Brayton to misappropriate Beneficiary funds from many, many Trusts. On each Trust in which Esserman “serves” as a Fiduciary with Kazan and Brayton – “bad faith” takes place. This has included payment Trust claims filed by Kazan and Brayton extraordinary values (misappropriation of funds) while excluding certain Beneficiary claims from Trusts entirely. Without due process and in collusion with Steven Kazan (Plaintiff TAC member of 25 Trusts), Esserman has excluded Beneficiary claims (filed by my office) from the Motor Liquidation Trust, Quigley Asbestos Trust, and many, many others. These acts by Esserman are solely directed to harm Beneficiary Counsel (my office), while misappropriating funds to his Law Firm and other counsel (Steven Kazan).
  1. Sander Esserman’s work on the THAN Asbestos Trust has been questioned by insurance companies (and refusal to allow audits of his ‘buddy’ Kazan) and Plaintiff Lawyers because the THAN Asbestos Trust paid 2% of Plaintiff Lawyers (Kazan and others) 100% valuation on their claims while all other Law Firms (98%) were paid at around 30%. Check the Court records for further details.

For the benefit of all Bestwall Asbestos Claimants, do not appoint Sander L. Esserman or any member of his Law Firm. They are not “disinterested parties”, lack impartiality, have engaged in bad faith (for decades), and have a close and personal relationship with Plaintiff counsel (Steven Kazan/Alan Brayton) where their independence can be questioned.

As a note, Beneficiaries from the J.T. Thorpe Trust are currently being subject to many of the acts/misappropriations of Esserman. Without due process (no notice), Esserman directed the Trust to audit every successful claim filed by my office — every one. The result – delayed payments to Beneficiaries, misappropriation of funds to Esserman and Trust counsel (for conducting the sham audits), and Esserman bad faith taking place. Esserman, who has conducted at least 8 bad faith targeted ‘sham’ audits of my office over the past decade (clearly in collusion with Steve Kazan) harming thousands of Beneficiaries, will no doubt engage in similar conduct with Bestwall, LLC Asbestos Trust.

On behalf of thousands of Asbestos Trust Beneficiaries, do not appoint/employ Sander L. Esserman. It would violate Department of Justice rules and no doubt Esserman has concealed his lack of “disinterested status”.

Here’s another example of Sander L. Esserman Fraud – He currently (April 2018) is conducting sham audits of J.T. Thorpe Company (Texas) claims with the assistance of Mike Rooney (mfrclaims.com). The bad faith below has held up payments nearly 6 months.

 

SENT TO ESSERMAN April 18, 2018

Fiduciaries,
Please see the attached documents in response to your ‘sham’ audits that have held up payments on claims for 6 months. The attached and below are in response to your biased, fraudulent, and bad faith attempts to attack claimants/beneficiary counsel. Your conduct is no short of criminal.
But in good faith, as always by Beneficiary Counsel, please consider this a response which should close the audits of Garland Hollis and Jose Pena (assuming there is any diligence or good faith by Fiduciaries). Note that this bad faith “non-satisfactory” was received TODAY, the same day you are receiving a response.
Garland Hollis – You claim there is “no match on SSR”. Did you even look at the SSR provided? See Page 3 – second employer listed. It says “Marathon Le Tourneau Co” – the same as the site match claimed and the years are exactly the years claimed (1979-1980). Did you not look at the SSR? Or maybe just consciously missed it. Your note we received today says “no match on SSR.”. I’m lost – Do you not know how to read SSR? Please, on behalf of the beneficiary, close this audit and pay this claim immediately.
Jose Pena – You claim U.S. Steel is not on SSR (despite claimant verifying on many occasions that this is where he worked for well over a decade). We have provided evidence and information that Marathon was sold to U.S. Steel which explains why the site is listed in SSR (during the exact years the client verified he worked for U.S. Steel). In good faith, Claimant’s counsel also provided confidential questionnaires in client’s own hand indicating that he worked at U.S. Steel. You have now delayed this claim well over 6 months while misappropriating victim’s monies the entire time. You also failed to take (literally) one minute to search in Google that Marathon sold to U.S. Steel. Instead, in an effort to misappropriate more money (Esserman and Rooney), you’ve requested that the Claimants “provide evidence”. See the highlighted portions of the first attachment (something the Trust could have easily researched if there was a morsel of good faith). The highlighted portions make clear – “Marathon Oil sold the company to U.S. Steel….”. Again – Please, on behalf of the beneficiary, close the audit and pay the claim immediately.
Michael Mandelbrot
copy to U.S. Trustee/blog/Esserman file

 

Sincerely, Michael Mandelbrot

Mandelbrot Law Firm/Asbestos Legal Center

1223 Grant Ave. Suite C

Novato, CA 94945

(415) 895-5175 

(415) 727-4700 (fax)

Mandelbrot@asbestoslegalcenter.org

www.mesothelioma.pro

www.asbestoslegalcenter.org