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Confession by Paul S. Singerman That Bear Stearns Illegally Obtained Federal Law Enforcement Tapes
Confession by Paul S. Singerman That Bear Stearns Illegally Obtained Federal Law Enforcement Tapes
Confession by Paul S. Singerman That Bear Stearns Illegally Obtained Federal Law Enforcement Tapes
Appellant,
V.
Appellee.
139604-1
200 South Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 305.755 9500 Facsimile 305-714.4340
Lawrence v. Goldberg, Case No. 05-14774
10. Utschig, Thomas S., U.S. Bankruptcy Court, Southern District of Florida.
C-1 of 1
200 South Biscayne Boulevard Suite 1000 Miami. Florida 33131-5308 Telephone 305.755-9500 Facsimile 305 , 714 4340
were provided to the Trustee consistent with motions requesting production of documents and
things. Of note, the FBOP, through its counsel, did not seek reconsideration or appeal those
orders and, unlike Lawrence in respect of the turnover order the FBOP, through counsel, worked
cooperatively with the Trustee and his counsel to ensure that the FBOP complied with the court's
orders. Anyway, according to Lawrence, one of the purposes of Title Ill is to prevent unlawful
communications intercepts being used for "private financial gain." Disqualification Motion at
15.7 However, as discussed above, that purpose is inapposite here. And the Trustee is neither a
"corporate spy, a police officer without probable cause, or...a plain snoop." Id. Since Title III is
inapposite, all argument by Lawrence regarding mandatory disclosures is rendered facile. And
sharing the contents of the discovery obtained by court order with Lawrence's largest creditor—
Bear Stearns & Co.—who is underwriting the Trustee's efforts per bankruptcy court order. and
investigators retained by the Trustee per court orders who were employed to try and locate the
Trust res. was entirely appropriate so that they could determine what, if anything, in the
7. Because Title HI is inapposite, and because the Trustee was unable to make use of
the Trustee or any of the other attorneys representing the Trustee as general or special counsel
' Lawrence's reliance upon Granfinanciera v. Nordberg, 492 U.S. 33 (1989) in support of his
"private financial gain" argument, Motion at 16, is misplaced. That case is totally inapposite as it
dealt with the right to a jury trial by a defendant in an avoidance action brought by a bankruptcy
trustee.
200 South Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 305-755 9500 Facsimile 305-714-4340
9. In short, the Disqualification Motion, which is simply another rehash of
arguments set forth in the Recall Motion, should be denied on waiver grounds, collateral
estoppel grounds, or on the basis that the premise of the relief requested, violation of Title III, is
simply inapposite.
Respectfully submitted,
1 1 46 ki_ RG
1 E SINGERMAN Pac a7 Rai!) t} rora Lauderdale:. Miami taiiattassee
attorneys at law
200 South Biscayne Boulevard Suite 1000 Miami. Flarida 33131-5308 Telephone 305-755-9500 Facsimile 305-7144340
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via
Federal Express on this 20th day of April, 2006 upon Stephan Jay Lawrence, Reg. No. 49061-004
d4i4. 11.G ER SINGE RNA A N 8oca8 Raion For! Lauderdale Miami Tallahassee
attorneys at law
200 SOUth Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 305.7559500 Facsimile 305-714.4340