Albert L. Peia, Pro
Se
P.O. Box 862156
Los Angeles, CA 90086
(213) 219-7649
________________________________________
In re: Richard M. Coan
3:09GP 18 AVC
________________________________________
Defendant Coan, as Chapter 7 Trustee, was
ordered by the Bankruptcy Court to submit a filing in adversary proceedings by
a Court Ordered deadline or said adversary proceedings would be subject to
dismissal. Defendant Coan failed to file anything whatsoever and said adversary
proceedings were dismissed with prejudice causing this complainant (and legitimate
creditors) substantial damages.
BRIEF
BACKGROUND SUMMARY
A client referred to me regarding concerns of two shareholder/owners over third
shareholder/owner’s ever more integral involvement with the mob, which concerns
were assuaged and problem solved by me by way of a voting trust edging out the
third partner (see Plaintiff’s (5 page) RICO
Summary Under Penalty of Perjury provided to the FBI at their request,
reiterated and filed herein, nunc pro tunc, for more detailed
account). I deferred some fees consistent with vagaries/difficulties of the
client’s business and was owed a substantial sum by said client.
There came a point in time when it was obvious there was illegal activity
(illegal/drug money laundering, including through the Trump casinos) on the
part of said client and in seeking funds owed to me I was told by the remaining
shareholder/owner, Dilena, that assuming my compliance (and hence complicity),
I would be paid. I filed a RICO Action and the case was assigned to newly
appointed federal judge Maryanne Trump Barry, Donald Trump’s sister. I moved to
recuse her for the obvious conflict – hundreds of thousands per month of
revenue to her brother’s casinos from defendant Dilena/companies, which motion
she personally heard and denied. I personally met with District of N.J. Assistant
U.S. Attorney Jonathon Lacey, provided him with documentary evidence of the
illegal money laundering, and explained the various illegal activities to him,
and in the context of my pending RICO Case. About a month or so later I
inquired as to his progress and was told Lacey was no longer with the U.S.
Attorney’s office, no further information available, and that the file could
not be located. I thereupon delivered by hand another set of copies of the
documents to U.S. Attorney Sam Alito with the federal employee receiving same
assuring the package addressed to Alito would go directly to him. Upon inquiry
not long thereafter I was informed Alito was no longer with the office of the
U.S. Attorney and the file/documents could not be located (Alito was appointed
to the 3rd Circuit Court of Appeals and amazingly, now is a U.S. Supreme Court
Justice. Many people have served prison time for far less than his crime, ie.,
Martha Stewart, etc. Maryanne Trump Barry also sits on 3rd Circuit Court of Appeals
where they sat together). In the meantime, I was constrained to file under Chapter
11 of Title 11, U.S.C., and sought by way of personal meeting with U.S. Trustee
Hugh Leonard that he join in my motion to recuse Trump Barry which he refused
to do but he did leave his position as U.S. Trustee, upon information, for a
position as partner at Cole, Shotz, et als, on retainer with Dilena and
companies as central clients. I had
moved to Connecticut where I filed a Chapter 13 proceeding which should have
crystallized the legal/property aspects of the case if not for improprieties by
Alan Shiff of the bankruptcy court in Connecticut, when I finally, in light of
the corrupt processes, filed a Chapter 7 in Virginia where I maintained an
office seeking an orderly liquidation of my properties/assets, payment of
creditors, and in light of the substantial equity in my real properties a
substantial sum even at substantially reduced prices, the
RICO action being the primary thorn in the side
of said court and again the matter wrongfully/illegally handled and never consummated
according to law which otherwise would have concluded all matters except for,
by inference, the RICO action].
All documents filed in this RICO litigation have been filed under penalty of
perjury [RICO Verified Complaint, RICO Statement, Affidavit in Support of RICO Verified
Complaint, Addendum, 6-6-05
Addendum , Plaintiff’s Opposition papers set forth below, etc., just
dismissed by Janet Hall, U.S.D.C.J., for lack of jurisdiction.].It should be
noted as set forth in Plaintiff’s
(5 page) RICO Summary Under Penalty of Perjury provided to the FBI attheir request, reiterated and filed herein, nunc pro tunc, as Addendum
to Plaintiff’s Affidavit in Support of RICO
VerifiedComplaint, the prior
filed RICO Action was stayed by Judge Gilroy Daley (he had previously presided
over cases of prosecutions involving organized crime but passed away which then
resulted in the transfer of the RICO case first to Judge Thompson, and then to
Judge Arterton, U.S.D.C.J., who dismissed the case without prejudice stating in
her Order her incorrect presumption that the case was being resolved in
bankruptcy court although the adversary proceedings which had the same
defendants/causes of action had just been dismissed
with prejudice by Alan Shiff, U.S.B.C.J. owing to Richard M. Coan’s illegal/wrongful
conduct) as the subsequent bankruptcy case/adversary proceedings went forward
providing a mechanism for assurance to and payment of legitimate creditors,
with defendant Coan’s wrongful conduct resulting in dismissal
with prejudice benefiting the RICO defendants and damaging plaintiff, the
bankruptcy estate and creditors thereof.
RECAP/SUMMARY/CONCLUSION
(minimal amount of debt) number of
creditors and as well designated the proceeds of the
#3:93cv02065 (AWT) judgment to
Norwalk Savings relative to the 62 Barnum Road,
Danbury, CT property. As set forth in
plaintiff’s Verified Complaint, RICO Statement,
and Affidavit, the Chapter 13
proceeding was converted to a case under Chapter 7 on or
about 5-1-96 on Alan Shiff’s own
motion, after plaintiff had already filed a petition under
Chapter 7 in California on or about
3-11-96, and had already consummated the 341A
hearing in the California proceeding.
Alan Shiff, U.S.B.C.J., (as defendant Coan), did
utilize the mails in perpetrating
said fraud (on courts, creditors, plaintiff, etc.),
constituting the RICO predicate
violation of mail fraud thereby, violative of Section 1341,
fraudulently misrepresented the date
of dismissal of a proceeding over which he himself
had presided perpetrating a fraud
connected with a case under Title 11 as proscribed in
Title 18 U.S.C. Section 1961(1) (D);
and further, brought a (retaliatory against a
witness/victim/informant violative of
Section l5l3) spurious contempt proceeding against
plaintiff, obstructing justice
thereby in violation of Section 1503 (and additionally was
without jurisdiction to legitimately
do so). Quite simply, he lied (materially false
fraudulent representation); knew he
lied (scienter); lied with the intention of deceiving
(intent); the lies were relied upon
(ie., government, courts, etc.)(reliance); said
offense/fraud in connection with a
case under Title 11 directly causing damage to
plaintiff’s property and business
(and as well to plaintiff’s estate and creditors), which
lie/false statement was brought to
the attention of the court presiding over the contempt
proceeding by counsel on my behalf;
viz., Robert Sullivan, Esq., Westport, CT.. The
separate referenced judgment entered
9-18-96/filed 9-19-96 dkt. 393cv02065(AWT) in my
favor by Judge Thompson in the U.S.
District Court for the District of Connecticut is now
worth well in excess of $300,000 with
interest and/or trebling and remains unaccounted
for, and according to the filed
Chapter 13 plan was to go to Norwalk Savings for the 62
Barnum Rd., Danbury, CT property.
The
within referenced filings with exhibits thereto, have been sent to FBI, and the
RICO Summary under penaltyof perjury sent to and at the request of the FBI. Richard
M. Coan has not rebutted even one sworn statement by plaintiff herein, all
averments being under penalty of perjury (RICO Verified Complaint, RICO
Statement, Affidavit, and filings), and in the paramount judicial interests of
truth and justice, respectfully submits that without action by this Committee
legitimate creditors and I will left without a remedy. Indeed, a rule of reason
should obtain herein, particularly in light of the numerous conflicts and
hence, incentives to cover-up and further obstruct justice. Specifically, the
Bankruptcy Court is part of the associated-in-fact enterprise. Moreover, Alan
Shiff, U.S.B.C.J., has committed various RICO violations including that extortionate
ploy (and fraud) under color of right based on Shiff’s false statement, the
falsity of which was borne out by counsel on my
behalf, Robert Sullivan, Westport, CT. Moreover, Albert Dabrowski, Chief Judge,
U.S.B.C., was U.S. Attorney at the time of the spurious contempt proceeding,
and Diedre Martini, now U.S. Trustee for the District, the prosecuting Assistant
U.S. Attorney. To require leave of court from said Court is almost tantamount
to requiring my seeking leave of a mafia godfather or under-boss before
commencing a RICO action as here relating to the illegal money laundering,
fraud connected to a case under Title 11 U.S.C., etc.. Stated another way, as a
direct consequence of defendant Coan’s wrongful conduct, there is nothing left
of the bankruptcy estate for the bankruptcy court to preside over (what does
remain are the substantial damages caused by defendant Coan as documented in
the instant case before the present
Court). Additionally, in light of the closure of the case, as
well as the destruction of any and
all assets of the estate by defendant Coan’s wrongful
conduct, and the consummation of the
fraud by defendant Coan thereby, it would be but a
fool’s errand to pretend that justice
could be served thereby.
The foregoing statements made by me are true under penalty of perjury
pursuant to the
laws of the United States of America.
Dated: 3-13-09
Respectfully Submitted and Signed by:
_______________________
Albert L. Peia, Plaintiff Pro Se
CERTIFICATION OF
SERVICE
I,
Albert L. Peia, hereby certify that copies of the within, including Autorun DVD
with relevant (PDF formatted) documents, as set forth therein including the
foregoing instant document designated by date as Grievance Summary Document
(4509grievancesummarydocument.pdf) were
served by way of regular first class mail, postage pre-paid on this ______day
of April, 2009, upon the following:
MEMBERS
OF THE FEDERAL GRIEVANCE COMMITTEE as set forth in the Federal Grievance
Committee Service List (As Updated March 24, 2009 – 14 Members) which is
appended immediately hereto.
Richard
M. Coan,
Coan,
Lewendon, Gulliver, and Miltenberger , LLC.,
at
495 Orange St., New Haven, Ct. 06511
Walter
W. Grattan, Jr., Supervisory Special Agent
Kimberly
K. Mertz, Special Agent in Charge
Federal
Bureau of Investigation
600
State Street, New Haven, Connecticut 06511
Dated:
4- -09 Signed:______________________________
Albert L. Peia
