Thursday, November 12, 2009

Parsing The Fake Judge Marra Order





You know, I've been trying to stay away from Rothstein for a least a post or two, and had every intention to do a 3d DCA Watch now that the opinions are up, but these allegedly fake orders in the Ted Morse lawsuit are just too delicious to pass up.

Brittany Wallman of the Sun-Sentinel has the story here:
The Sun Sentinel Wednesday obtained copies of the fake court orders Morse says he was given, allegedly by Rothstein. They bear the forged signatures of two federal judges, U.S. District Judge Kenneth Marra, and U.S. Appellate Court Judge Susan H. Black. One of the documents threatened Morse into silence with a "strict" confidentiality order, even as he grew increasingly suspicious.

The documents Rothstein gave Morse bear no case numbers, and are instead marked "Under Seal.''

The first, with a fake Marra signature, said the kitchen designer was liable to Morse for "punitive damages for fraud,'' and owed Morse $23 million. It said the designer had illegally moved millions to the Cayman Islands, but that Rothstein "has facilitated the contact between the relative governments,'' and that the money would be returned to the U.S.

The faked order demanded that Morse "deposit to their attorney's trust account the sum of $15 million no later than 10:00 a.m. tomorrow morning, the 20th day of March, 2009'' as a bond to secure the funds. "If such funds are not so posted,'' it went on, "this order shall be null and void. …''

The order said that Morse would have his $15 million returned, and also would be reimbursed payments he'd made to Rothstein of $15 million, $4.1 million and $18.5 million. That totals $52.6 million, but Pozzuoli said "it appears [Morse] posted $57 million total.''

Along with the faked Marra order came a 15-page confidentiality order, which Morse and others with knowledge of the case were told to sign. It warned that if anyone talked about the case, ever, they'd face "severe consequences … including … civil and criminal penalties'' and that Morse could only discuss the case with Rothstein. Breaches would be punished by "damages of $1 million per each incident of disclosure'' as well as possible additional damages and criminal charges, it said.

In the subsequent few months, Morse got some of his money back, the lawyers say, though they wouldn't say how much.
Let's look closely at the purported Judge Marra order.

1. There's no case number.
2. An interior decorating dispute yet Rothstein allegedly obtains a $2 million judgment.
3. "Punitive damages for fraud" to the tune of $21 million.
4. Rothstein allegedly gilds the lily with repeated references to how "clear and convincing" his evidence and presentation was.
5. A "contempt of counsel" award and Rule 11 sanctions too (where's the 28 USC Section 1927 award as well??)
6. Jones somehow waived her right of appeal "based on the doctrine of fraud in the inducement" and "unclean hands"?
7. This is friggin' loony tunes.

16 comments:

  1. Who will play Scott in the movie?

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  2. look at the appellate"order". It says that a federal appellate court "heard directly from Judge Marra and Judge Gerber", is numbered in paragraphs like a state court order, makes findings of fact and conclusions of law like a trial court order, and is supposedly signed by only one judge, not a panel of three after a closure order. Not even a good forgery.

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  3. Ralphie May can play Scotty. Also I doubt Scotty actually spent the time or the remaining booze soaked, stripper tranced, tic festered brain cells to actually type out or alter the orders on his own.

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  4. Is Scott smart enough and tech savvy enough to have been able to create this document all by himself?

    I don't think so.

    Who helped him?

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  5. Good points all.

    I'm gonna go with a sodden Daniel Baldwin.

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  6. i litigated a case against scott over ten years ago and thought he was a total ham and egger dooshbag and i don't want to look like a doofus here, but count me as wonderously impressed by scott's handiwork. obviously it wouldnt pass muster with seasoned federal court litigators as we are keen to hone in on the smallest of points. but for the layman and the purpose it was intended to achieve i think it counts as a work of art. could you draft a series of pieces of paper to have someone hand over to you $57 million?

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  7. Does he have her in a friggin HEADLOCK?!?!?

    She can't get her arms around his flab.

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  8. Definitely sharon stone plays kimmy.

    As for fat boy, someone who can develop a twitch or two.

    Crissakes - maybe this is the role that could free Jason Alexander from being george costanza forever.

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  9. Calling Jenny Craig. Calling Jenny Craig!

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  10. Baldwin? Dude what about one of the guys from the biggest loser-- pre weight loss?

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  11. Remember I said "sodden" Daniel Baldwin, like around the time of his first coke-fueled hotel bender.

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  12. My second choice was maybe the lady medium from Poltergeist, "come into the light children, all are welcome...."

    Or is that too much?

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  13. It won't work in actual fact, that is what I suppose.

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