Posts Tagged ‘fraud’

God Wins! -today’s court ruling

Paley v. Radar Networks

FOR IMMEDIATE RELEASE

Bankruptcy Court issues order permitting California fraud trial to resume against Ross Levinsohn, Steve Hall, and Nova Spivack. 

On August 10, 2012, the United States Bankruptcy Court for the Northern District of California issued an order permitting plaintiff Kate Paley, daughter of CBS founder William Paley, to pursue causes of action for fraudulent transfer against defendants Ross Levinsohn, Steve Hall, and Nova Spivack, who have been sued in California state court.

This ruling ends a five-month delay that was orchestrated by defendants to avoid a public trial.  On May 3, 2010, Ms. Paley filed a complaint in San Mateo Superior Court, alleging causes of action for fraud, fraudulent conveyance, breach of contract, unfair competition, and related claims.

Named as defendants were Ross Levinsohn (who most recently served as interim CEO of Yahoo!, Inc.), Steve Hall (managing partner of Silicon Valley venture capital firm Vulcan Capital), and Nova Spivack.  Plaintiff Paley was the primary investor in Radar Networks, Inc., a Silicon Valley startup managed by defendants.   Plaintiff contends that defendants mismanaged the company, resulting in its failure and the eventual fraudulent transfer of the company’s assets to another company controlled by Evri, Inc., another company controlled by defendant Hall.

Discovery in the case revealed that Levinsohn had an actual intent to defraud Ms. Paley.  In September 2009, for example, Levinsohn voted in favor of a transaction that converted Ms. Paley, without her consent, from a creditor who was owed over $3 million by Radar to an equity holder .  Levinsohn was told numerous times that converting Ms. Paley’s loan to equity was improper, but this conversion was a first and necessary step to making sure that Ms. Paley could not share any of the proceeds from the fraudulent sale of Radar’s assets to Evri.  Thereafter, in February 2010, as the sole member of Radar’s “Acquisition Committee,” Levinsohn rejected an offer from Intellectual Ventures for more than twice the amount offered by Evri.  Radar’s assets were then sold to Evri, giving defendants control over the assets, proceeds from the assets, and all the while leaving Ms. Paley with nothing from her investment.  This carefully orchestrated scheme forms the basis for the California lawsuit.

In an attempt to avoid trial, defendants filed motions for summary judgment in the California suit, which were denied in February 2012.  The case was set for trial to begin on February 27, 2012; that very day, defendants filed a notice of stay after orchestrating a bankruptcy filing on behalf of Radar Networks.   For months in the bankruptcy suit, defendants attempted to delay the proceedings in order to avoid a public trial.

Following this order by the Bankruptcy Court, Ms. Paley will immediately move the Superior Court to lift its stay and allow trial to resume.  The case is Paley et al v. Radar Networks, Inc. et al, Case No. CIV-494701, currently pending in San Mateo Superior Court in Redwood City, California.

LAW360: Departing Yahoo CEO Could Face Fraud Suit

Departing Yahoo CEO Could Face Radar Fraud Suit

(update: moments ago we were given notice of a new delay- and, so it goes. Should we go public?) Law360, New York (July 16, 2012, 10:22 PM ET) — The trustee overseeing the bankruptcy of Radar Networks Inc. has reached a deal that could allow a fraud suit against outgoing Yahoo Inc. CEO Ross Levinsohn to go forward, according to a stipulation filed Thursday.

Kate Paley, the daughter of the late founder and chairman of CBS William S. Paley, claims that Levinsohn, a Radar director who was Yahoo’s interim CEO until his replacement Monday, and other insiders at Radar transferred about $3 million she lent to the company to another entity.

Her suit, claiming fraud and conversion, was stymied after Radar, a web applications company, filed for bankruptcy, but her lawyer said Thursday in a court filing that the Radar trustee has reached a stipulation that could let her suit go forward.

“The stipulation is in the best interests of the estate and should be approved,” lawyers for Paley and the trustee said in the stipulation. Paley will require court approval if her suit is to ultimately go forward.

Levinsohn, who was Yahoo’s interim CEO until the Yahoo board appointed former Google Inc. executive Marissa Mayer to the job effective Tuesday, would be a key target in the suit.

Paley’s lawyers said that the fraud suit, a state court action in California, is essentially a two-party action between Paley on one side, and Levinsohn, Radar founder Nova Spivack and Evri Inc., which eventually bought it, on the other.

The insiders had been litigating against Paley, but used Radar’s bankruptcy to put off a trial scheduled for February after a partial summary judgment order went against them, according to the motion.

The trustee does not have the resources to pursue the action himself, the stipulation says.

Paley will be responsible for the choosing the lawyers that prosecute the case.

“This agreement will eliminate delay and allow the claims against Levinsohn to proceed to a public trial,” said Trent Freeman, a spokesman for Paley.

Freeman said the defendants are expected to oppose the arrangement in order to delay the trial. A hearing is scheduled for July 27 in California bankruptcy court.

Paley is represented by Katherine D. Ray of Goldberg Stinnett Davis & Linchey PC.

The trustee is represented by Michael A. Issacs of McKenna Long & Aldridge LLP.

Levinsohn is represented by Eric J. Amdursky and Jennifer Taylor of O’Melveny & Myers LLP. Spivack is represented by Jonathan M. Reymann. Radar is represented by John Walshe Murray of Murray & Murray PC. Evri is represented by Stephen C. Willie of Savitt Bruce & Willey LLP.

The case is Paley v. Radar Networks Inc. et al., case number CIV-494701, in the Superior Court of the State of California, County of Mateo.

The case is In re: Radar Networks Inc., case number 11-bk-33990, in the U.S. District Court for the Northern District of California.

[surprisingly no mention made of Paul Allen’s Vulcan Capital, which orchestrated the fraud and fraudulent conveyance].

This Is Real: Levinsohn of Yahoo, Paul Allen’s Vulcan Capital ruled as Committing Fraud

 

~

For over four years the defendants have poured forth their scorn on us, most recently through their attorneys. All their efforts are now simply to draw out the legal proceedings, messing them up with bogus legal acrobatics, wasting not only our time, but the time and expense of the courts. None of this matters to Ross Levinsohn or Paul Allen. Their self interest dictates their actions and code of conduct. This is real, and it is happening now.

These men have stolen and destroyed our life’s work, with nothing but a sneer looking back, the same utter scorn and contempt with which they address the law, as if it were merely a chess game with no basis in reality.

They never thought it would get this far. Everyone else cowers in fear, why aren’t we responding the same way? They thinks its ludicrous that anyone would think they could outspend them, out lawyer them, etc.

Meanwhile, what they don’t realize, is that their usual modus operendi is being displayed for all to one day see. Each tactic to keep covered their actions, to pay off and cleverly jiggle the legal system to be manipulated in their own favor, represents nothing but a classic play by play of the unscrupulous.

Hitler and the Nazi’s unwittingly supplied the careful documentation of their crimes, never realizing it would be the most condemning factor, studied over and analyzed for years- centuries? to come.

(Their attorneys do threaten us concerning what we publish on the blog.)

update: The Bible, Worddiamonds, trashed by Paul Allen’s Vulcan Capital, Ross Levinsohn of Yahoo

 

 

Why, for so little gain, beyond reputational and a few million dollars, pennies to them, are Ross Levinsohn of Yahoo and Paul Allen’s Vulcan Capital, still so determined to get away with defrauding Worddiamonds?

What has compelled them to attack us for these last 4 years- stealing all our development funds, destroying Worddiamonds patent pending website, and telling us how worthless we are, how unimportant, and bullying and threatening us at every turn? Why have they stopped the trial that exposes their fraud by the spurious argument they are now bankrupt? Come on, they are not bankrupt. Except it seems morally.

Their continued attempts at misinterpreting the law has never varied. Because they think it is so easy to get away with! They count on lies, lawyers, bullying and threats to make way for them. This is their modus operandi. 

Not all of the one percent of the %1 are dishonest.

But Paul Allen’s Vulcan Capital and the attorneys for Ross Levinsohn of Yahoo are furious that they as yet, haven’t completely buried us, outspent us, outbuzzed us. They cannot understand why their raging, threats, and bullying  isn’t working. So they continue. Its all they know. They cannot afford for this to be made public, and aired in an open court. It is unthinkable to them. But the more they lie, the higher the stakes.

 

 

  They are determined to prove our faith in God is wrong. They can’t stop scoffing at us- to them, we are so vulnerable, so easy to squash like a bug.  They are the Goliaths. We are David, with some stones, and a sling shot. We trust God to see us through, in His way, in His time, for His purposes.

Worddiamonds is free- we have not built this for the purposes of making money. But certainly we never expected everything to be stolen from us, by supposed pillars of the community, and for such chump change for these gentlemen. It’s a big Wow.

the latest play- another new delay….. Yahoo’s Ross Levinsohn, Paul Allen’s Vulcan Capital declare bankruptcy- pay millions to convince the court they are owed monies from company they own

 

 

 

 

 

Ross Levinsohn of Yahoo’s attorneys managed  to confer ahead of time (last Friday) with the judge before this morning’s hearing. 

The court clerk came out of the courtroom at 9:28 to announce the hearing was concluded before it’s 9:30 scheduled time to begin.

We were told all the proceedings are now put off until this October 25.

This was quite a play, as this happened at exactly two minutes before the proceedings were scheduled to start.

Usually both sides are supposed to present their case before the judge.

There is nothing wrong with playing hardball, but, there is something wrong with at every turn trying to get around the law and cheat.

Today’s hearing was in a bankruptcy court. Mr. Levinsohn and Mr. Hall have declared bankruptcy. How you may ask did they get away with that. Seriously.

They don’t look poor. Mr. Levinsohn took home an almost $12 million dollar payday last year. Mr. Allen’s purpose for defrauding us was, among other things, to provide himself a tax write-off on an investment gain of $85 million dollars during that time period.

Well, they actually haven’t gotten away with their bankruptcy ploy quite yet. That’s what this morning’s hearing was about. Instead, Mr. Levinsohn’s attorneys got to the judge ahead of time, to again attempt to delay this case,  CIV494701 in the San Mateo County Superior Court, from going forward.

After we insisted that we too be allowed to appear before the judge- usually both sides are given the opportunity to present their case, not just one side- the clerk did ask the judge to allow us to speak with him also.

After hearing us, the judge agreed that there was no need to delay this case from going forward, and have given the other side an additional five days. You know, let’s give them another chance to throw yet another wrench into the case going forward.

Evidently the defendants and their attorneys feel entitled to not have to obey the law. In fact, this entire case is an illustration of the many instances these defendants have not obeyed the law. That is exactly what this case is about. This morning the defendants displayed another instance of their cunning in getting around the law and the court system.

What will they think of next?

STAND UP TO BULLIES ! Paul Allen’s Vulcan Capital, Yahoo’s Ross Levinsohn, Steve Hall-update: pillars of Silicon Valley caught committing fraud

Integrity is not something you can decide to have one day, and not have on another day.

 

press release- SiliconValley VC JuryTrial Starts 2-27-1

There is no personal animosity on our part towards anyone in this case. While unrelenting animosity has been expressed towards us, attacks and threats of a personal nature, that is not the motivation on our part.

The depositions themselves tell the story of the contemptuous attitude these men exhibit towards the law. We are merely saying, it’s not all right to aggressively try and convince someone to invest more money in your start up, when they have clearly and repeatedly declined to do so again; and, by lies, false promises, ending in outright fraud no less- to then try to blame them publicly, for your business’s failure. It’s not alright to commit fraud! It’s not all right to do that. It’s not all right to leave that person with nothing, to destroy what it took years for them to build, in an attempt to get them “to freak out and throw more money at it” directly into your pockets, to purportedly fix it. And it’s not all right, especially if your pockets already contain billions, to commit fraud merely for a tax write off. This is about illegal activities being conducted by those who present themselves as pillars of the community. This is about getting justice gentlemen. But mostly, this is about standing up to bullies.

There needs to be a standard set- without a baseline of justice, Silicon Vallley will be more ruinous to this country than all the bankers that have been sucked into the powerful vortex of greed combined.


“For what shall it prophet a man, if he shall gain the whole world, and lose his own soul?” Mark 8:36

 

 In the name of Jesus Christ, Amen.

Moral Compass: the Heart of the Matter- Ross Levinsohn of Yahoo, Paul Allen’s Vulcan Capital, Bankrupt Morally?

11:27 AM ET

Share
Comments (936 comments)
Permalink
Prominent atheist blogger converts to Catholicism

Leah Libresco, an atheist blogger, is converting to Catholicism.
By Dan Merica, CNN

Washington (CNN) – She went from atheist to Catholic in just over 1,000 words.

Leah Libresco, who’d been a prominent atheist blogger for the religion website Patheos, announced on her blog this week that after years of debating many “smart Christians,” she has decided to become one herself, and that she has begun the process of converting to Catholicism.

Libresco, who had long blogged under the banner “Unequally Yoked: A geeky atheist picks fights with her Catholic boyfriend,” said that at the heart of her decision were questions of morality and how one finds a moral compass.

“I had one thing that I was most certain of, which is that morality is something we have a duty to,” Libresco told CNN in an interview this week, a small cross dangling from her neck. “And it is external from us. And when push came to shove, that is the belief I wouldn’t let go of. And that is something I can’t prove.”

 

The ability to do something is not the license to do it. But without a moral compass, there are those whose only requisite is ‘can we or can we not get away with it’. That is not a moral compass.

The persistent attempts by the defendants to contort the law to bend it to their own purposes is the same bad faith modus operandi they consider perfectly acceptable. ‘Everyone does it’..? Really?

So you think its alright to declare yourselves bankrupt to stop the trial so that your fraud will not be exposed in public? Obviously you consider that fine, that’s why you are doing it.

the historical perspective- Ross Levinsohn, Paul Allen’s attempts to destroy Worddiamonds-

(stats are for 1/2 day)

 .

.

Worddiamonds is a sincere, modest effort to simply publish the Bible in a new way for the internet. It’s truly stunning the lengths the defendants Steve Hall of Paul Allen’s Vulcan Capital, Ross Levinsohn of Yahoo, Nova Spivack et.al. have gone to, to prevent Worddiamonds from being developed and moving forward, even to the extent of having it dismantled, destroying its functionality for some bizarre notion that this would impel us to “freak out and throw more money at it” (Spivack).

This is the company that they stole all the development funds from and tried to publicly blame to cover their own efforts to simply cash in while publicly saving face, by appropriating Radar Networks- which they still own, in the form of Evri, ( although they are trying to force the courts to accept their declarations of bankruptcy.)

BECAUSE THEY THOUGHT THEY COULD GET AWAY WITH IT. We seemed to them so vulnerable and naive- a female president- so guileless, honest, so WEAK..that it would be like swatting away a miniscule ‘obstacle’ as they referred to us.

For  years these men have told us in every way they can think of, that we are worthless, that they could care less, that we are underserving of being treated with any consideration, that they have dignified us by stealing our funds and destroying our website, because it gave them the appearance of making a ‘soft landing’ by their peers, and an opportunity to get a tax write off on an $85 million dollar investment gain of another investment.

That they have value whereas our small company is a blip, so negligible, that their actions are perfectly justifiable as seen from their point of view, and that they will bury us with lawyers, delays, every trick in the legal book, as well as with slander, with that disparaging buzz, along with the multitude of lies with which they seem to believe everyone does business.

.                     .                .              .               .               .                .                .                   .                  .                 .

Is that true? Is this what happens in Silicon Valley? Wasting the courts time and limited budget.. it’s not just Worddiamonds they could care less about… why would an American register one of his yachts in the Cayman Islands? Is tax evasion by one of the richest Americans a good enough reason for fraud, as was perpetrated against Worddiamonds by Paul Allen’s Vulcan Capital just to gain a tax write-off on a capital gain of $85,000,000? It is evidence of this as well as other questionable practices that these defendants are so frightened will come to light. Tax evasion is just the tip of the iceberg.

 

 

.

 

SOS- Ross Levinsohn of Yahoo and Paul Allen of Vulcan Capital threaten us again

We received more threats today from the defendants Ross Levinsohn and Paul Allen to take off the internet (and out of public view) the briefs we filed in response to Mr. Levinsohn and Mr. Allen’s declaration of bankruptcy.

Mr. Levinsohn and Mr. Allen may be bankrupt, but it’s not monetary bankruptcy, it’s the other kind.

We have been living, or trying to, under their bullying and threats for almost 4 years, beginning with their fraud, destruction of the Worddiamonds website they held hostage, and the most unbelievable unrelenting nastiness which they are doing everything to coverup. But while attempting to cover up, they continue this same bullying and nastiness.

acting in ‘bad faith’…..Levinsohn of Yahoo, Paul Allen’s Vulcan Capital are not really legally ‘bankrupt’, are they?

bad faith: noun
intent to deceive : the owners have bargained in bad faith.
• (in existentialist philosophy) refusal to confront facts or choices.

bad faith 1) n. intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others. Most states recognize what is called “implied covenant of good faith and fair dealing” which is breached by acts of bad faith, for which a lawsuit may be brought (filed) for the breach (just as one might sue for breach of contract). The question of bad faith may be raised as a defense to a suit on a contract. 2) adj. when there is bad faith then a transaction is called a “bad faith” contract or “bad faith” offer. (See: good faithfraudclean hands doctrine)

.

in bad faith

Fig. without sincerity; with bad or dishonest intent; with duplicity. It appears that you acted in bad faith and didn’t live up to the terms of our agreement.If you do things in bad faith, you’ll get a bad reputation.

See also: bad, faith

 

Legally the defendants are making a ‘bad-faith’ effort to declare bankruptcy- obviously they are far from bankrupt and this is a ploy to again delay or stop the trial from going forward and expose the fraud, ‘insider’ hijinks and so forth. More than that, it is another ‘bad faith’ effort for which these defendants are so desperate to cover up. If it’s no big deal to them, why have they spent almost more on attorneys fees, to keep this from being aired in public, than the amount they stole in their fraudulent conveyance?

Because they committed fraud, which is still frowned upon in some circles.

Return top