Articles Posted in Sander Esserman

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The most corrupt Asbestos Trusts in the Country filed a Motion in Central District of Los Angeles (in front of their ‘buddy’ Judge Sheri Bluebond) to try and silence Mandlebrot. Here is their (laughable) Motion – Corrupt Thorpe Trusts Filed Motion to Strike (AP). The Motion was literally laughable – with the substance simply – “we don’t like Mandelbrot exposing Thorpe Fraud so we want to prevent him from filing more facts about out corruption…”

Responding to this Corrupt Motion was – of course – my pleasure.

Motion – Opposition to Trust’s Motion – but the best part of this Motion was the Exhibits!

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Asbestos Trusts Come Under DOJ Civil Investigation

Share us on: By Alex Wolf

Law360 (October 5, 2018, 7:26 PM EDT) — The U.S. Department of Justice is turning up the heat to ferret out abuses and potential cases of fraud in the country’s multibillion-dollar asbestos bankruptcy trust system.

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Laughable. I knew these corrupt Trusts would have to respond to my recent filings putting the Court on Notice of the Department of Justice filings which relate specifically to the J.T. Thorpe and Thorpe Insulation “insiders” who are passing fraudulent claims (for Alan Brayton/Brayton Purcell) and the massive misappropriation of Trust Funds.

So big deal – I gave the Court “Judicial Notice” of the Department of Justice Filings

Department of Justice Motion – Fiduciary Fraud

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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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Forbes contributing writer Dan Fisher nailed it!

Check out his new article detailing Asbestos Trust Fraud, Insider Dealing and the Misappropriation of Funds –

Here’s a link to the article –

https://www.forbes.com/sites/legalnewsline/2018/06/06/art-imitates-life-billions-describes-six-figure-part-time-jobs-on-asbestos-trusts/#7186b504301b

These corrupt lawyers involved don’t think we (those representing victims) don’t know?

To be sure they read the article – I made sure to e-mail each a link to the article – Here’s the e-mail – ;-P

LET THESE “LOSERS” (FIDUCIARIES) BELOW KNOW EVERYONE KNOWS THE FUNDS THEY ARE STEALING FROM ASBESTOS VICTIMS – 

From: Michael Mandelbrot <mandelbrot@asbestoslegalcenter.org>
To: Alfred Wolin <awolin@saiber.com>; Bethany P. Recht <brecht@kmklaw.com>; Bob Capritti <rcapritti@verusllc.com>; Marc E. Wolin <mwolin@saiber.com>; Suzanne Barkoff <sbarkoff@saiber.com>; Mary Ellen Nickel <mnickel@delcpf.com>; Melissa Metzfield <mmetzfield@claimsres.com>; Dan Myer <dmyer@verusllc.com>; Sander L. Esserman <esserman@sbep-law.com>; Mike Rooney <mfrclaims@mfrclaims.com>; Kathleen Campbell Davis <kdavis@camlev.com>; Marla R. Eskin <meskin@camlev.com>
Cc: Molly Spieczny <mspieczny@diiasbestostrust.org>; Nancy Freeman <nfreeman@diiasbestostrust.org>; Jared Garelick <jgarelick@claimsres.com>; Jason C. Rubinstein <jrubinstein@fklaw.com>; Marcellene Malouf <mmalouf@diiasbestostrust.org>; “ustpregion16.la.ecf@usdoj.gov” <ustpregion16.la.ecf@usdoj.gov>; Peter D’Apice <dapice@sbep-law.com>; Tom Florence <thomas.florence@ankuraconsulting.com>
Sent: Friday, June 8, 2018 11:21 AM
Subject: Asbestos Trust Funds – Recent Article

Notice – copy to blog/U.S. Trustee

Hi – Happy Friday.

Just wanted to be sure each of you “Fiduciaries” had seen the recent article below relating to Asbestos Trusts.

We all know what is taking place at every Trust in the Country. Favoritism  (by a pack of “pliable” Fiduciaries); Misappropriation of Victim Trust Funds (hundreds of millions to ‘favored parties’ and to yourselves..i.e… I have a receipt showing Brayton used victims Trust funds to pay for his wedding bills…); Sham Audits by interested parties like Ankura/Morgan Lewis (…”let’s deceive the U.S. Trustee that we are properly auditing claims after misappropriating billions….and hey, let’s fund Tom Florence – an interested party…”); Concealment of Asbestos Sites (at every Trust) harming Future and Present Victims of due Compensation. Asbestos Victims just want this conduct and vast misappropriation to stop.

Please be sure to share with each of your ‘Fiduciary’ friends. I’ve also attached another recent article with shows where victims money is going. Page 7 has a wonderful graphic.

I added some of my favorite quotes from the article below. “Pliable”

Have a nice weekend.

Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Trusts

Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Trusts

By Legal Newsline

Trustees, like the father of “Billions” co-creator Brian Koppelman, can make substantial salaries for …

“Trustees, typically selected by plaintiff lawyers, can earn several hundred thousand dollars a year for part-time jobs overseeing the management and dispensing of claims from the trusts….”

“In exchange, they (Kazan, Brayton and other Plaintiff Lawyers) want control over anybody who has a say about how this money is handed out,” said David Christian with DCA Law, who has represented numerous insurance companies in the often-adversarial process of determining who will ultimately foot the bills for asbestos claims. “They want somebody who is pliable.”

“Koppelman’s co-trustee on two trusts is Alfred M. Wolin, a retired federal judge whom the Third Circuit ordered off of several asbestos cases after insurers complained he had held hundreds of ex parte meetings with plaintiff lawyers. The court didn’t accuse Wolin of wrongdoing but cited the appearance of impropriety. Now in private practice, Wolin serves on seven asbestos bankruptcy trusts..” (…added text: …laughable to assume to there is not insider dealing in the selection of Wolin).

“The THAN trust was dominated by frequent fliers on the asbestos bankruptcy scene including Koppelman and Wolin, as well as an expert witness who has testified on the value of asbestos claims in nearly every bankruptcy in the past decade or so. The Future Claims Representative was Samuel Issacharoff, a NYU Law School expert on class actions and civil procedure who swore that future claimants were well protected under the first plan of distribution….

“Once in business, the trust started paying claims at 100% of estimated value, quickly transferring $325 million to current claimants  and their lawyers (i.e. Kazan and other “Favored Parties”), who typically collect 30% or more of any claim.”

After the highest-value claims had been paid (to “favored parties” such as Kazan/Brayton), the trust announced a 16-month halt, then readjusted its estimates to reduce the payout to 30%, citing the need to preserve assets for the future against a higher-than-expected $2.5 billion in claims.” (here, every future THAN victim got ‘screwed’ while Plaintiff lawyers and Fiduciaries got rich…complete fraud…)

Christian, the lawyer who frequently represents insurers at odds with plaintiff lawyers, co-wrote a 2011 article blaming plaintiff lawyers and their hand-picked allies on the bankruptcy trusts for what happened at the THAN Trust. He and his co-authors concluded that “thousands of claims were suddenly manufactured and voted on,” giving plaintiff lawyers overwhelming control over the process….(..with no Fiduciaries – just ‘buddies’ of favored parties overseeing the process…)

 

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

Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Trusts

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Updated June 2018

Mary Ellen Nickel (mnickel@dcpf.com) and The Corrupt Women of Asbestos Litigation – Bad Lawyers/Disgraceful Thieves from Asbestos Victims

The “Corrupt Women of Asbestos Trust Litigation” – a pack of low-esteemed, dishonest, poor quality lawyers, who have conspired with their male Fiduciary superior  (typically male) to funnel “billions of trust dollars” back to the Superiors/Fiduciaries while harming the true Beneficiaries/Victims of the  Trusts.

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“The Dirty 30” – 30 Asbestos Bankruptcy Trust Lawyers Engaging in Fraud, Collusion, Breach of Trust, and Misappropriation of Trust Funds

They are all guilty. Every one of them. Collusion, Breach of Trust, Favoritism and Fraud.

Each solely has one goal in mind – Misappropriate as much as they can from Asbestos Trust Funds — the 30 Billion Dollars for asbestos victims. And misappropriate they have…..at least a BILLION DOLLARS. All monies that should have gone to victims has gone in these lawyers (and one Judges) pocket. Some even paint themselves as ‘victims advocates’ (i.e. Steven Kazan, Alan Brayton…)….but they are far from it – “Traitors” to the core who have stolen hundreds of millions from victims. Every asbestos victims gets less money because of these lawyers. Every one. All with one goal in mind….to line their pockets with as much money from Asbestos Trust Funds as they can…These are greedy and dishonest lawyers — each who has breached their Fiduciary and Ethical Duties and  have collectively misappropriated and assisted in the misappropriation of at least One Billion Dollars from Asbestos Trust funds.

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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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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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Opinion –

Editors Note: 10/19/2017 – Jason Rubinstein fails to get this Blog Post Removed – Without ever contacting the Mandelbrot Law Firm or Michael Mandelbrot, corrupt New York Lawyer attempted to get this post removed.  Using his Firm’s authority and Manville Trust Funds (since we know he ‘billed’ for his time), Rubinstein wrote a letter to my website provider attaching the below post and many other of my blog posts and requesting the provider remove this blog. I look forward to posting the letter!

Apparently, the “Harvard trained” Rubinstein forgot about the 1st Amendment, “Fair use”, and didn’t like the truth being told. Simply put, Jason Rubinstein’s conduct, actions, bad faith and misrepresentations have cost thousands of asbestos victims. Not only is Rubinstein misappropriating Manville Trust funds (under Garelick’s direction) through ‘sham’ and excessive billings, but those very billings are solely to harm thousands more present and future victims of the Manville Trust (represented by me). Knowing that I have never filed an unreliable claim with any Trust (yet alone Manville where my office successfully filed hundreds of claims), the loser Rubinstein continues to misrepresent facts about my office’s claim filings solely to harm asbestos victims and my office. Rubinstein KNOWS he’s engaging in racketeering, fraud, and the misappropriating of Trust funds (solely to further Kazan and Brayton fraud and bad faith), but seemingly has no ethics. A completely disgraceful lawyer — Jason Rubinstein.