| "Books & Records" Fraud | | Print | |
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There have been numerous cases of document fabrication in the claims resolution process, and the professionals who specialize in such work developed well tuned processes which enabled outrageous organized frauds upon the court by way of document fabrication without any risk of prosecution. Perhaps the most notable scheme was the "books and records" fabrication, whereby a lawfirm would swear that an anonymous corporate officer swore moneys were not owed to a particular creditor because the disputed amount was not reflected in the Debtor's "books and records". Real moneys were lost by thousands upon thousands of legitimate creditors. At the same time, several hundreds of millions of dollars were "earned" by the Biglaw firms involved. In addition, hedge funds who acquired large amounts of various classes of debt against the bankrupt estates at deep discounts received windfall profits as their recovery percentages soared. When valid creditors claims were expunged, the dollars available to distribute no longer had to be shared with as many parties, so profits soared by these hedge funds. The beauty of the "Books And Records Scheme" is if any creditor spent the necessary thousands of dollars in legal fees to get to the starting point, that is to demand that the opposing side prove their claim with documents and identify the corporate officer testifying as to the under oath, the corrupt Lawyers could just back down. But by this point, many thousands of dollars in legal fees were earned by "both sides" to the dispute. Remember, the bankruptcy industry has three parts, Bankruptcy Professionals, Debtors, and Creditors. Lawyers for Debtors and Creditors are really on the same side, they make money because there is a bankruptcy and because there are disputes. There exists a clear money trail on the dockets of many bankruptcy cases in Delaware which illustrates this organized serious of frauds upon the Court.
The most blatant proof as to why the "Books And Records Scheme" was a premeditated and protracted series of frauds can be gleened from the wholesale greed and "efficiency" with which the criminals engaged in their conduct. Arguably, a mistake here or there can be understood. A discernable pattern can not. In fact the pattern is a predicate element to a RICO case which the government could bring, possibly netting countless billions of dollars to fund countless objective which Obama may have.
When a Debtor files bankruptcy, the Debtor must file a list of assets, and liabilities. The liabilities are basically a list of creditors who are owee money, the dollar amount that is owed if known, and whether or not the amount owed is in dispute. It is a process called bankruptcy fraud, highly profitable to the bankruptcy rings, and is related to the corruption in our bankruptcy courts as identified by Professor Lynn LoPucki. http://www.press.umich.edu/titleDetailDesc.do?id=93480 Related Articles
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