Articles Posted in Asbestos Mafia

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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.

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Opinion

For years it has been taking place: Fraud – Bad Faith – Concealment of Asbestos Companies Liability Sites!

This week’s example – The Kaiser Aluminum Asbestos Settlement Trust (KACC – Kaiser Refractories) – A Trust with over $600 million in assets being corrupted by Alan Brayton, Steven Kazan, Bob Capritti, Kimberly Lavin, Dan Myer and a host of other “Fiduciaries” conspiring to engage in fraud and concealment. 

This one is best explained by attaching the actual e-mails and documents requesting the Trust add sites. To date – This Trust has contended that the following “Kaiser Refractories” product did not contain asbestos – Kaiser Insulating Refractory Cement. This is pure fraud! Here is the actual invoice: Kaiser Refractories Invoice to Kaiser Steel, Napa (asbestos) 1970.

Here are Kaiser’s Interrogatories admitting Kaiser IRC contains Asbestos – Additional Proof of Kaiser Insulating Cement containing Asbestos! and here’s more: 129.6A-01 KACC – Actual Interrogatories from KACC.

Let’s see what happens next? The Trust has already refused to add “Kaiser Steel, Napa” (the site where the products were sold by Kaiser) to the “Kaiser” site list. But  now the Trust has been presented with this – Invoice – ACandS to Kaiser Steel Napa (Pabco Asbestos Cement) – There is no denying this is a sale of asbestos products from ACandS to Kaiser Steel, Napa, CA in 1972! Who had this documents (and concealed it!) – Trust Fiduciaries Alan Brayton and Steven Kazan (aka Bernie Madoff).

Here’s the e-mail to the Trust – Let’s see how they respond. I’ve included the e-mails as well where the Trust refused to add Kaiser Steel, Napa, CA to the Kaiser site List.

___________________________________________________________________________________________________

Verus “Fiduciaries”,

Please allow this to serve a Formal Request to Add the following site to the ACandS Asbestos Settlement Trust site list: Kaiser Steel, Napa (1972).

Please find the attached ACandS invoice supplying ASBESTOS products to Kaiser Steel, Napa, CA. This invoice specifically bills for “Asbestos Workers”. Unlike the request below to add Kaiser Steel, Napa to the “Kaiser” site list (KACC), there is simply no way for you to fraudulently claim the product did not contain asbestos.

Trust: ACandS Settlement Trust

Site to Add: Kaiser Steel (aka Basalt Rock), Napa, CA (1972).

We would hope and request for beneficiaries that the site will be added immediately.

The Beneficiaries are also well aware that Fiduciaries Alan Brayton and Steven Kazan (as with every Trust they are Fiduciaries) have concealed these ACandS site liability documents in an effort to harm victims of asbestos diseases (not represented by their Firms).

Thanks,

Mike

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

 

From: Michael Mandelbrot <mandelbrot@asbestoslegalcenter.org>
To: Bob Capritti <RCapritti@verusllc.com>
Cc: Dan Myer <DMyer@verusllc.com>; Frances Gecker <fgecker@fgllp.com>
Sent: Wednesday, October 25, 2017 9:27 AM
Subject: Re: Kaiser Aluminum & Chemical Corporation (KACC) — Kaiser Steel in Napa, CA

Bob,

See page 28 of the attached document. I believe this is from the OCF “picture” books where asbestos products of other companies is identified. IRC is clearly a Kaiser asbestos product. In addition, I provided to you Interrogatories which admit “other companies” supplied asbestos products, including CE (a company you should know) and Babcock and Wilcox – both companies which admit their insulating cement contained asbestos. You can’t identify ONE insulating or “high temperature” cement for refractories (IRC) that did NOT contain asbestos during this time. To now deny that IRC contained asbestos is clearly part of the ongoing bad faith.

This shouldn’t even be an issue and the site should have been added without any discussion. In addition, it probably impacts 1-2 claims. No doubt if your favored Firms submitted the same evidence, it would have been added without question.

So what did you rely on to determine that Insulating Refractory Cement did not contain asbestos Fiduciary Capritti?

Copy to AG File/U.S. Trustee

 

Thanks,

Mike

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

 

From: Bob Capritti <RCapritti@verusllc.com>
To: Michael Mandelbrot <mandelbrot@asbestoslegalcenter.org>
Cc: Dan Myer <DMyer@verusllc.com>; Frances Gecker <fgecker@fgllp.com>
Sent: Wednesday, October 25, 2017 5:14 AM
Subject: Kaiser Aluminum & Chemical Corporation (KACC) — Kaiser Steel in Napa, CA

Michael:

 

The subject line for the e-mail below should have referenced Kaiser Aluminum & Chemical Corporation (“KACC”) and not ASARCO. My apologies for this inadvertent oversight.

 

In any event, I-R-C did not contain asbestos. The only KACC asbestos-containing products are those that are listed on the Trust’s website.

 

Bob Capritti | Claims Manager

 

Verus LLC

rcapritti@verusllc.com 609.466.0427 ext. 1010

3967 Princeton Pike | Princeton, NJ 08540 www.verusllc.com

 

 

CONFIDENTIALITY NOTICE:

This e-mail and any attachments contain information from Verus Claims Services, LLC and are intended solely for the use of the named recipient or recipients. Any dissemination of this e-mail by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mail or attachments.

 

 

From: Bob Capritti
Sent: Wednesday, October 25, 2017 6:53 AM
To: ‘Michael Mandelbrot’ <mandelbrot@asbestoslegalcenter.org>
Cc: Dan Myer <DMyer@verusllc.com>; Frances Gecker <fgecker@fgllp.com>
Subject: RE: ASARCO Trust — Kaiser Steel in Napa, CA

 

Michael:

 

Insulating Refractory Cement, I-R-C, did not contain asbestos.

 

Bob Capritti Claims Manager

 

Verus LLC

rcapritti@verusllc.com 609.466.0427 ext. 1010

3967 Princeton Pike | Princeton, NJ 08540 www.verusllc.com

 

 

CONFIDENTIALITY NOTICE:

This e-mail and any attachments contain information from Verus Claims Services, LLC and are intended solely for the use of the named recipient or recipients. Any dissemination of this e-mail by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mail or attachments.

 

 

From: Michael Mandelbrot [mailto:mandelbrot@asbestoslegalcenter.org]
Sent: Monday, October 23, 2017 2:13 PM
To: Bob Capritti <RCapritti@verusllc.com>
Cc: Dan Myer <DMyer@verusllc.com>; Frances Gecker <fgecker@fgllp.com>
Subject: Re: ASARCO Trust — Kaiser Steel in Napa, CA

 

Bob,

 

I have not checked for additional PID and shouldn’t have to check.

 

As a Fiduciary ‘over’ this 600+ million dollar Trust, you should know the asbestos products they manufactured. Have you checked Kaiser sales records for additional sales to Kaiser Napa? Maybe you can send over their invoices and I’ll be happy to review them? Where can I find them – besides being concealed by ACC members?

 

To aid in your research, I’ve provided the “sham” interrogatories prepared by Corporate Counsel for KACC – around pages 70-80, you can see the products that Kaiser admits to ‘manufacturing’ – However, what’s also clear is their ‘re-brand’ of many other asbestos refractory products (i.e. Kaiser IRC) obtained from other companies. Prepared by “Corporate Counsel” at a time Kaiser was trying to ‘evade’ liability, these interrogatories are replete with gaps, but clearly aid in the inference (for the Beneficiaries) that Kaiser supplied A/C products to Kaiser Steel in Napa not just in 1970 – but long before and after….

 

I’ll wait to hear back from you after you do your ‘research’. Please let me know what your ‘astute’ research entails?

 

 

Thanks,

Mike

 

 

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

 

 

From: Bob Capritti <RCapritti@verusllc.com>
To: Mike Mandelbrot <mandelbrot@asbestoslegalcenter.org>
Cc: Dan Myer <DMyer@verusllc.com>
Sent: Monday, October 23, 2017 10:48 AM
Subject: RE: ASARCO Trust — Kaiser Steel in Napa, CA

 

Michael:

 

Attached is a listing of the approved products which is published on the Trust’s website. Insulating Refractory Cement (“IRC”) is not on the list of approved KACC asbestos-containing products so we are going to have to look into this in greater detail. Furthermore, the invoice only establishes a shipment of 6 bags of IRC to Kaiser Steel in February 1970.

 

Do you have any additional invoices or deposition testimony which places asbestos-containing KACC products at Kaiser Steel?

 

Thank you.

 

Bob Capritti | Claims Manager

 

Verus LLC

rcapritti@verusllc.com 609.466.0427 ext. 1010

3967 Princeton Pike | Princeton, NJ 08540 www.verusllc.com

 

 

CONFIDENTIALITY NOTICE:

This e-mail and any attachments contain information from Verus Claims Services, LLC and are intended solely for the use of the named recipient or recipients. Any dissemination of this e-mail by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mail or attachments.

 

 

From: Mike Mandelbrot [mailto:mandelbrot@asbestoslegalcenter.org]
Sent: Monday, October 23, 2017 1:33 PM
To: Bob Capritti <RCapritti@verusllc.com>
Cc: Dan Myer <DMyer@verusllc.com>
Subject: Re: ASARCO Trust — Kaiser Steel in Napa, CA

 

What about KACC trust adding this site ?

Thanks,

Mike

On Oct 23, 2017, at 9:57 AM, Bob Capritti <RCapritti@verusllc.com> wrote:

Michael:

 

We have reviewed the materials you have submitted regarding Garlock product exposure at Kaiser Steel in Napa, CA. These materials provide sufficient support to establish Garlock product exposure for claims filed by your firm for:

 

Exposure Site: Kaiser Steel

Location: Napa, California

Time Period: November 1, 1960 through December 31, 1986

 

For claims arising from exposure at Kaiser Steel, you will need to proceed as follows –

 

Go to the Exposure tab and type the name of the jobsite in the box for ‘co-worker affidavit on file’ – then choose the relevant jobsite from the dropdown that appears:

 

 

<image002.jpg>

 

 

 

 

<image006.jpg> Bob Capritti | Claims Manager

 

Verus LLC

rcapritti@verusllc.com 609.466.0427 ext. 1010

3967 Princeton Pike | Princeton, NJ 08540 www.verusllc.com

 

 

 

 

 

 

Published on:

November 3, 2016

Corrupt Asbestos Trust Lawyers Attempt to Have Mandelbrot Blog Posts Removed

The letters keep coming. I’ve attached copies of some of them below.

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Have you seen the new Complaint filed by the Manville Trust lawyer Jason Rubinstein against the Thorpe Insulation Settlement Trust (www.tistrust.com)  and its corrupt lawyers Snyder, Miller & Orton (Stephen Snyder)?

Here it is: Manville Trust v. Thorpe Insulation Trust Complaint

This is too good to be true.

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EVERY TRUST! Every Trust in which Steven Kazan and  Alan Brayton are Fiduciaries, there is corruption taking place. Every one. Who loses? Asbestos Victims! While these ‘lawyers’ champion themselves as advocates for victims of asbestos disease, the “Truth” is that they have misappropriated BILLIONS of dollars from Asbestos Victims and that every present and future victim of asbestos disease will receive ‘less’ recovery because of the fraud of these two individuals. So how do they do it?

One method is crystal clear —

CONCEALMENT OF JOB SITES WHERE EVERY ASBESTOS COMPANY WAS PRESENT SO THAT CURRENT AND FUTURE VICTIMS OF ASBESTOS DISEASE CANNOT RECOVER THE TRUSTS

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Verus LLC Fiduciary Bob Capritti – Costing Asbestos Victims Millions

One man is costing ASARCO Asbestos Trust victims millions of dollars. At the same time, this same individual is misappropriating millions and millions of ASARCO victims funds to himself and “favored” Law Firms (i.e. Brayton Purcell, Kazan McClain…). This is some of the most egregious (criminal) examples of bankruptcy fraud in history. Ignorant? Yes. Acting in Bad Faith? Yes. Imbecilic? Without question! So who is the man behind the ASARCO Asbestos Bankruptcy Trust Fraud?  The Department of Justice rules say he’s supposed to a “Fiduciary” – someone who operates with the “highest level” of duty and good faith. But these rules mean nothing to him! He’s a complete fraud.

That man is Bob Capritti — Attorney, Fiduciary, and ASARCO Asbestos Trust Representative.

For nearly 2 decades, through various scams, hoaxes, concealment and just plain extortion, Capritti has overseen various Asbestos Trusts, including the ASARCO Asbestos Trust. ASARCO supplied and sold asbestos fiber to a number of former “Fortune 500 Companies,” including Johns Manville, General Motors, and Owens Corning, as well as other Nationwide “specialized” asbestos companies, including Garlock Gaskets.

Capritti, a former asbestos defense lawyer for a dozen companies, has been provided this information in the form of depositions, invoices and Corporate Interrogatories. What did he do with the information? Concealment! Why? So actual ASARCO victims DO NOT get paid, while favored Counsel and Law Firms such as Kazan McClain and Brayton Purcell do. The clear and fraudulent concealed Garlock evidence (hence, ASARCO since they supplied the asbestos fiber) will be attached to this posting – or at least a portion of the hundreds of thousands of pages.

Over 100 ASARCO Asbestos Victims have perfected claims with the ASARCO Asbestos Trust and are not getting paid while favored counsel (the biggest frauds on earth) and Capritti continue to misappropriate Trust victims.

The worst fraud of Capritti – complete ignorance  – was first discovered on October 11, 2017 when a number of ASARCO asbestos victims, after waiting years for claims reviews, had their requests for Arbitration and Mediation fraudulent denied by Capritti.  Capritti indicated that the claimants did not have a “cognizable and valid” claim despite each’s diagnosis of an asbestos disease AND exposure to Garlock asbestos products.

Capritti’s actual e-mail is copied verbatim below – Could he be more of a fraud??

From: Bob Capritti <RCapritti@verusllc.com>

Cc: Dan Myer <DMyer@verusllc.com>
Sent: Wednesday, October 11, 2017 11:36 AM
Subject: FW: ASARCO Deficiencies

 

A review of these claims fails to provide any proof of exposure to an “ASARCO” asbestos-containing product. Without some evidence of proof of “ASARCO” exposure, these claims would not be deemed to be valid and cognizable in the tort system. As you are aware, the TDP states that –Claims involving Disease Levels I–V, VII and VIII that do not meet the presumptiveMedical/Exposure Criteria for the relevant Disease Level may undergo the Asbestos Trust’s Individual Review Process described in Section 5.3(b). In such a case, notwithstanding that the claim does not meet the presumptive Medical/Exposure Criteria for the relevant Disease Level, the Asbestos Trust may offer the claimant an amount up to the Scheduled Value of that Disease Level if the Asbestos Trust is satisfied that the claimant has presented a claim that would be cognizable and valid in the tort system.

 On the basis of the foregoing, these claims are not currently eligible for a 2.2 review.

The Mandelbrot Law Firm’s Response to the Fraud Bob Capritti –

Bob,

I would say that without question, your responsive e-mail below exemplifies an active ignorance on your part to the point of criminal fraud. No human, yet alone an attorney, can be that unintelligent, nonsensical, and just plain dumb.
You are consciously aware that many of the claims below were “cognizable and valid in the tort system” because there were 3rd party cases “in the tort system” which in fact were “recognized in the tort system”, settled by solvent defendants “in the tort system”, and resolved with a number of Verus Trusts which clearly recognized that these claimants had claims “cognizable and valid in the tort system”. 
Or are you “from a defense attorney” point of view saying that “at Trial”, you couldn’t prove Garlock PID..? This is not the standard of review and even if it were, this could not be more false. I’ve now provided you Mare Island Naval Shipyard depos (and uploaded them with many claims) which describe the use of Garlock gaskets is the shipyard (as well as Kaylo – which you use fraud to deny)….This is the ‘exact PID’ that every Trust requests to add sites and in fact, other Trusts (including Verus Trusts) have added sites based on the depositions I provided.
Every one of these claims would have been filed against ASARCO in the tort system as a cognizable and valid case which ASARCO would have settled if ASARCO were solvent. While some of the 3rd party handling attorneys did not name ASARCO in the 3rd party cases is solely because those attorney were not fully aware of ASARCO expansive asbestos liabilities.
To further the Claimant’s position, the Claimants can ‘prove’ at your request that every one of these Claimants also has a valid and cognizable tort system claim AND a current Asbestos Trust bankruptcy filing with “Garlock”. In fact, I can provide the Garlock filings (which = ASARCO during certain years) of every Firm in the Country (including your favored buddy attorneys) which further the point of Garlock exposures in every shipyard and on every Navy ship (something I expect you know well!).
Look for the Headline – “ASARCO Asbestos Trust Fraud – Verus LLC Fiduciary Bob Capritti’s Bad Faith Harms Asbestos Victims”….
Next to the Western Asbestos billion dollar default fraud (by Kazan and Brayton) – this may be the biggest Asbestos Trust fraud and bad faith in history. Especially since you paid all of Brayton’s claim pre-petition. 
So what are these wrongful death victims options at this point who clearly have provided a valid and cognizable claim with ASARCO?
We still await a response.
To Contact this Fraud to let him know that his Conduct is Harming Millions of Asbestos Victims –
@
Bob Capritti | Claims Manager
 
Verus LLC
rcapritti@verusllc.com 609.466.0427 ext. 1010
3967 Princeton Pike | Princeton, NJ 08540www.verusllc.com

ASARCO Documents Concealed by Bob Capritti and Verus LLC

Garlock Proof – Mare Island – Depo ID

Garlock full GO 129 Responses 6-19-98 OCR

Garlock Proof – Hunters Point

KAISER STEEL REFRACTORIES – GARLOCK

There is so much more.

It also has to be noted – that the individual’s ‘behind the fraud’ are Asbestos Claimant’s Committee Members Steven Kazan and Alan  Brayton – the most corrupt attorneys in the Country

Steven-Kazan-The-Face-of-Asbestos-Trust-Corruption-and-Fraud-214x300

Asbestos Claimants Committee member behind the Fraud of the ASARCO TRUST – The “King of Corruption” and document Concealment

And don’t forget his “right hand man” – Alan Brayton – The Billion Dollar Asbestos Trust Thief

The-Face-of-Fraud-Alan-Brayton-The-Rat

ASARCO Trust Fraud – Alan Brayton

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In the battle of States v. Asbestos Trusts – Round 1 goes to the Trusts. “The Trusts got lucky,” said longtime Asbestos Attorney Michael Mandelbrot.

“13 States there is MAJOR fraud taking place at Asbestos Trusts and want the evidence. What does the Trust have to hide?” added Mandelbrot. Many lawyers have complained that extensive fraud and double dipping is taking place at the Trusts. “Of course it is! When the same lawyers are running the Trusts – Steven Kazan and Alan Brayton – are also filing claims with the Trusts, it’s a recipe for fraud. Kazan and Brayton have misappropriated a billion dollars from victims, thus harming States, and present and future beneficiaries of the Trust. A complete joke!”

“The lawyers at the Delaware Trusts, including  Tom Florence, Mary Ellen Nickel, Molly Spieczny, Marla Eskin, and Marcellene Malouf have to be concerned. These Trusts and victims money have been their ‘gravy train’ for decades and it’s soon coming to a halt. These terrible lawyers will never get another job.”

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Note from Michael Mandelbrot regarding successful Appeal against Thorpe Trusts –

This was a long time coming! It’s been decades of bad faith and corruption by the J.T. Thorpe, Inc. (jttstrust.com) Settlement Trust Fiduciaries and Thorpe Insulation Settlement Trust Fiduciaries (www.tistrust.com). My office was only sued for exposing this corruption and misappropriation of funds by these Fiduciaries. Everyone knows I have never filed an unreliable claim and in fact, my office files the most thorough and reliable claims in the Country. These fraudsters tried to wipe out the “Whistleblower” (me) through a sham lawsuits, sham audits, judicial bias, and bad faith — while misappropriating millions of dollars of victims funds in the process (Gary Fergus, attorney in California ‘stole’ millions). This victory in the Appeal of the bad faith lawsuit me is one step towards justice. Justice for me. Justice for my office. Justice for my family. And justice for all victims of asbestos diseases.

The pack of fraudsters and co-conspirators who run these Trusts, including Trust Fiduciaries Alan Brayton, Sara Beth Brown, Gary Fergus, Stephen Snyder, and David McClain have misappropriated nearly a billion dollars from Thorpe, Western and J.T. Thorpe Trust Beneficiaries, while breaching their duty to these same Beneficiaries. Here are examples of mass Trust Fraud and Misappropriations by the “Fiduciaries” who sued me:

Published on:

Opinion/Editorial

Bernie Madoff/Steven Kazan — Steven Kazan/Bernie Madoff.

The comparisons are undeniable. Both misappropriated billions of dollars. Both enriched friends/family at the expense of victims. Both held themselves out “pioneers” while committing vast fraud. Both will leave a legacy of fraud and bad faith impacting tens of  thousands of victims solely to enrich themselves. Unfortunately, only one of them is in jail. Madoff. The other (Kazan) continues to misappropriate funds from asbestos claimant. The difference? In every Asbestos Trust Kazan inserts a “License to Commit Fraud” thus allowing him to continue his wrath of dishonesty (i.e. …“No Asbestos Claimants’ Representative are to have or incur any liability to any Entity for any act or omissions arising out of the Chapter 11 cases or during the entirety of the Chapter 11 cases). 2 Criminals (although only one has been convicted – Madoff) – 2 “Losers” – 2 of the biggest fund frauds in history – 2 very bad individuals.

Published on:

Opinion

THE PIONEERS OF ASBESTOS TRUST FRAUD AND MISAPPROPRIATION

For decades, lawyers Steven Kazan, Alan Brayton, and David McClain have held themselves as “Pioneers” of Asbestos Litigation. The reality is – They are the “Pioneers of Asbestos Trust Fraud”. Billions (yes, billions) of dollars set aside for victims of asbestos have been misappropriated by these 3.