Mr. Hall, whose jujitsu legal tactics continue to manufacture, out of whole cloth, scenarios to obscure his fraudulent scheme to defraud Kate Paley and Worddiamonds, now wants to teach us how to proceed- not in truth, but in tactics?

According to the perverse logic he employed in declaring Radar Networks bankrupt the day before a trial that was scheduled for 2 years to begin? Mr. Hall do you think this is a chess game? You own Radar Networks, and, you are not bankrupt, nor is Vulcan Capital or your boss Paul Allen. Don’t you have any shame?

It seems you are all so accustomed to such a cesspool of murkiness and half truths you really don’t see that Worddiamonds itself is based on the Bible, and the American legal system is also based on the  Bible, and that the full light of day and truth is shining on us.

The anger of the defendants attorneys is a wonder to behold- they are furious not to be getting away with legally twisting the truth, tactics that are second nature to them it seems.

Law360-  Calif. Judge OKs Deal Lifting Stay On Radar Fraud Suit 

A California federal judge on Friday agreed to approve a deal reached by the trustee overseeing Radar Networks Inc.’s bankruptcy proceedings that will allow a Radar investor’s fraud suit against former Yahoo Inc. CEO Ross Levinsohn and Vulcan Capital managing partner Steve Hall to go forward.

Attorneys for Kate Paley, a Radar investor who had been engaged in litigation with the company over the alleged fraudulent $3 million transfer before its bankruptcy, said Friday that U.S. District Judge Thomas E. Carlson accepted from the bench their motion to approve a deal that calls for Paley to fund the suit and turn over any money she makes to the trustee with the possibility of reimbursement.

The decision will allow the San Mateo Superior Court to lift its stay on Paley’s trial with Levinsohn, a Radar director who was Yahoo’s interim CEO until his replacement in July, and other Radar insiders who allegedly diverted money she lent to the company to another entity.

“Defendants invoked the bankruptcy stay as a delay tactic the night before trial was originally to begin, and today’s ruling ends more than five months of continued obstruction of the judicial process,” Doug Colt, an attorney for Paley, told Law360 Friday. “Ms. Paley looks forward to her day in court and is eager to resume trial of her fraud claims.”

Paley, the daughter of late CBS Corp. CEO William Paley, filed a complaint against Levinsohn, Hall, Radar founder Nova Spivack and third party company Evri Inc. in May 2010, alleging fraud, fraudulent conveyance, breach of contract and unfair competition.

The Radar “insiders” allegedly took a $3 million loan Paley had made to the company and improperly transferred it without authorization to Evri, a Vulcan Capital affiliate, which eventually bought Radar. Trial was scheduled to begin Feb. 27, but on that day the defendants stayed the action in state court pending Radar’s bankruptcy petition.

Paley argued in a motion to dismiss the Chapter 7 case that it was essentially a two-party dispute between her and the insiders, and that the bankruptcy was being used to thwart her prosecution of the state court action because the trustee did not have the funds to prosecute the Uniform Fraudulent Transfer Act claims.

The trustee reached an agreement with Paley in July, under which Paley would fund prosecution of the UFTA claims, choose the attorneys that prosecute the case, turn over any recovery to the trustee and subject any proposed settlement to the bankruptcy court.

Vulcan Capital’s Steve Hall objected to the agreement as “procedurally flawed” and argued that it would not be beneficial to the fair resolution of Radar’s bankruptcy proceedings.

He also claimed it would result in a conflict of interest for her counsel for ostensibly proposing to represent the debtor’s estate on the UFTA claims while simultaneously suing the debtor, but Judge Carlson deemed the stipulation appropriate.

Counsel for the defendants did not immediately respond to requests for comment Friday.

Paley is represented by Colt Wallerstin LLP and Goldberg Stinnett Davis & Linchey PC.

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

Levinsohn is represented by O’Melveny & Myers LLP. Spivack is represented by Jonathan M. Reymann. Radar is represented by Murray & Murray PC. Evri is represented by Savitt Bruce & Willey LLP.

Paley’s fraud action 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.

–Additional reporting by Richard Vanderford. Editing by Richard McVay.

Tweet

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.

Tweet

[Note: to trigger a conversion, $4m of new capital was needed- however here, Steve Hall is testifying that he

and Ross Levinsohn “to the nickel” put up equal parts of only one million dollars.   This in fact is not enough

to trigger a conversion, which the judge has ruled was not ambiguous. Only a new $4million dollars could trigger

a conversion.The judge has ruled that the conversion at $1 million dollars  that Mr. Levinsohn and Mr. Hall

orchestrated was improper, and at the root of the fraud perpetrated. Because of the judge’s ruling, the defendants

filed a bogus bankruptcy of Radar, literally on the eve before the trial that had been scheduled for over 2 years was

to begin to stop the trial from going forward. This same kind of bogus legal maneuvering is of a piece with the

improper, faudulent conveyance].

More to follow…

Tweet

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].

Tweet

~

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.)

Tweet

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.

Tweet

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?

Tweet

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.

Tweet

(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.

.

Tweet

Defendant Ross Levinsohn has resorted to every delay tactic in the book to prevent public exposure of his insider dealings.

For example, Radar Networks declared for bankruptcy on Nov. 2, 2011, yet defendants Hall [Paul Allen’s Vulcan Capital] and Levinsohn waited until February 26, 2012- literally the eve of the trial- to assert bankruptcy claims and delay the suit at the last possible moment.

In an attempt to further disrupt the trial schedule, defendants now claim that after they liquidated Radar Networks and sold it to a company controlled by defendant Hall, they are nonetheless entitled to endemnity as directors and are therefore creditors of the corporation.

Having finally vaulted to his new position atop Yahoo, Mr. Levinsohn is testing this new position of power  by retaining new lawyers to embroil the case of fraud against himself, and others, in even more confusing, circuitous, legal semantics. This is done almost reflexively, as if truth were a concept of so little consequence, compared to his personal ambition and gain, that it could simply be brushed aside, and that there is nothing wrong with doing so. It is not enough to simply not be the initiator of fraudulent activities- if you go along with a fraud you in fact did not initiate, but colluded with- if you did not initiate a fraud but still went along with it- you in fact are as guilty of fraud as the original perpetrator(s).

Mr. Levinsohn’s new filing includes his complaint about having to spend so much money to prevent the trial of his fraudulent activities from going forward!

If successful, Mr. Levinsohn and Mr. Hall will have succeeded in lowering the bar of ethics and contributing to the decay of business standards which is crippling to the foundation of justice and laws needed to sustain a strong economy.

Despite defendants efforts, this case cannot be delayed indefinitely, and the true nature of the defendants conduct will eventually be aired before the public, which is nevertheless also on display by this latest filing.

This is not the first time those who have attempted to publish the Bible in a new way, have been persecuted, and many, martyred, as a result. And so it goes.

…

Tweet