Gary Fergus is an Asbestos Trust Fraud – Notice provided to Judge Hannah L. Blumenstiel – Western Asbestos/Plant Asbestos Trusts

Opinion –

Gary Fergus is one of the most corrupt attorneys in the Country. For decades, he has assisted in the misappropriation of asbestos victim’s funds – nearly a BILLION dollars….. And that corrupt conduct continues to present!! Collusion with (also corrupt) asbestos plaintiff lawyers (Alan Brayton, Steven Kazan), and his former partner (Steven Snyder) who oversees the Trust. The goal of these corrupt lawyers — misappropriate as much of the asbestos victim’s funds into their own pockets (as “Fiduciaries” for the Trusts), while falsely targeting critics with sham lawsuits to misappropriate additional funds.

But finally – Notice has been provided to a Judge all asbestos victims hopes is independent (Unlike corrupt Bankruptcy Judge Sheri Bluebond in Los Angeles. On April 27, 2018 – a detailed letter was filed Judge Hannah L. Blumenstiel detailing Fergus’ corrupt conduct. Simply put, the theft of victim’s funds by Fergus must end. We can only wait and see….

Gary Fergus – Asbestos Trust Fraud – Smiling because he’s stole millions from asbestos victims –

Here’s a copy of the letter provided to the Court : 

April 27, 2018

 

Judge Hannah L. Blumenstiel

450 Golden Gate Ave, 16^th Floor

San Francisco, CA 94102

Mail Box 36099

San Francisco, CA 94102

 

Case No: 13-31914-HLB –  Western Asbestos Trust

Case No: 09-31345-HLB – Plant Asbestos Trust

 

RE: Notice – Attorney Gary Fergus (California State Bar #95318) is not “disinterested” and is prohibited from working for the Western Asbestos and Plant Asbestos Settlement Trusts in any capacity

 

 

Dear Honorable Blumenstiel,

 

On April 12, 2018, on behalf of thousands of Trust Beneficiaries for the Trusts above, I came to your Court to attend the Confirmation hearing of David F. Levi as the new Futures Representative for the Western Asbestos and Plant Asbestos Settlement Trusts. Your Courtroom Deputy, Mr. Gapuz, informed that the Hearing was taken off calendar since no objection was filed. Trust Beneficiaries did not file an objection, nor did they intend to file an objection to the Appointment of Mr. Levi.

 

The Beneficiaries (Counsel) sole purpose in attending the scheduled hearing on April 12, 2018 was to put the Court and Trust Fiduciaries on Notice that Futures Representative Former Counsel Gary Fergus, due to his “interested party” status, was precluded by the Department of Justice rules from working for the Trusts or Mr. Levi in any trust-related capacity.

 

We request this Court take Judicial Notice of the attached pleading filed in a related Trust matter (LA 02-14216-BB; LA 07-197271-BB) regarding Fergus’ status as an interested party. See Exhibit A.

 

On April 12, 2018 I provided “Notice” to Fiduciaries of the Western and Plant Trusts of Mr. Fergus’ status as an “interested” party. See Exhibit B.

 

The Notice was provided to the following “Fiduciaries” of the Western and Plant Trusts: Benjamin P. Smith (Trust Counsel/Fergus’ former co-worker); Daniel J. Bussel (Trust Counsel); Sasha Gurvitz (Trust Counsel); Thomas E. Patterson (Trust Counsel); Stephen Snyder (Managing Trustee – Fergus’ 25 year partner-in-crime); Alan Brayton (Chairman of the Trust Advisory  Committee/Former Adversary of Fergus); Jack Clapper (Trust Advisory Committee member/Former Adversary of Fergus); Jeanine Donohue (Trust Counsel); Sara Beth Brown (Executive Director of the Trusts); and Laura Paul (Trust Fiduciary).

 

Each Fiduciary was requested to confirm that (on behalf of thousands of Beneficiaries) the Notice regarding Gary Fergus’ status as an ‘interested party’ was provided to David F. Levi. None of the Fiduciaries responded confirming the Notice was provided to Levi, thus requiring this Notice to the Court.

 

Please note that since the inception of the Western Asbestos and Plant Asbestos Settlement Trusts, despite his status (the “definition”) as an “interested party”, Fergus has been employed by the Western Asbestos and Plant Asbestos Settlement Trusts through bad faith, collusion and fraud. Fergus is not “disinterested” as required by the Department of Justice because:

• Fergus litigated against the Trust Beneficiaries (thousands -both present and future) during Fergus’ 25-year career as an asbestos defense attorney at Brobeck, Phleger Harrison, San Francisco, California representing Fibreboard Corporation (another asbestos insulation company).
• Fergus is a former partner (for 20+) years of Stephen Snyder, the Managing Trustee of the Western Asbestos Trust, while at Brobeck (Snyder should also be removed).
• Fergus litigated against Trust Beneficiary Counsel (such as my office and dozens of other offices filing claims) for decades, thus carrying bias, prejudices and bad faith towards Beneficiaries they represent.

 

As an “interested” party since with confirmation of the Western Asbestos and Plant Asbestos Trusts, Fergus has played a significant role in the following “bad faith” actions at the Trusts (2000-present):

• Misappropriated from Beneficiaries well over $100,000,000 (100 million dollars) through collusion with Snyder, Brayton, and David McClain (Trust Advisory member), including approving a payment of well over $30,000,000 to Brobeck (following their bankruptcy) – Fergus’ former Firm.
• Failed to investigate Chairman of the Trust Advisory Committee Alan Brayton after it was discovered he was filing fraudulent claims (and defaults). See the Kananian matter. Through fraud, Fergus has “enabled” Brayton and McClain to misappropriate hundreds of millions in beneficiary funds through fraudulent claims and defaults.
• Yearly misappropriations of well over $1,000,000 from each Trust through ‘sham’ billings (hidden in Annual Reports as “payments over $100,000).
• Used Trust Beneficiaries for lavish trips and expenditures.
• Misappropriating at least $5,000,000 through ‘sham’ Trust Adversary proceedings against Claimant’s Counsel (my office) by deceiving Mr. Levi’s predecessor.

 

 

 

 

Beneficiaries of the Western Asbestos and Plant Asbestos Trusts request this Court take Notice that Gary Fergus is not “disinterested” as required by the Department of Justice rules on Chapter 11 Trusts and should be precluded from all future Trust activities. See Exhibit C.

 

 

 

Michael J. Mandelbrot, on behalf of Present and Future Trust Beneficiaries

 

 

Here’s a Video of Fergus on Youtube – What a fraud?? He spent his career representing companies that killed innocent asbestos victims. He is such a fraud – https://www.youtube.com/watch?v=W0e561VJ-gE

Alan R. Brayton – The Central  Figure in Fergus’ fraud. This loser is supposed to be a Fiduciary for asbestos victims – instead, he’s a thief!