In regards to not allowing IMSC to refinance:
"From the outset of its dealings with the Debtors, DMRJ exploited its relationship as secured lenders to the Debtors to amass an unconscionable profit through the use of threats, manipulation and coercion to permit DMRJ to reap the benefits of, among other things, insider trading and a usurious interest rate—all the while tortiously interfering with the Debtors' ability to obtain more favorable financing. Through its coercion and manipulation, DMRJ has, among other things, amassed over (BLACKED OUT) in illegal proceeds in addition to the millions of dollars in illegal interest it has received, all to the detriment of the Debtors' estates. "
The evidence of "threats, manipulation, and coercion" had to have been found in information given to them by IMSC. Platinum/DMRJ have not been cooperating with the discovery:
"The Committee has yet to receive the majority of Platinum Partner's and DMRJ's document production. The Committee's counsel engaged in discussions with counsel for Platinum Partners and DMRJ regarding the delay in production of relevant documents and was promised the documents no later than Friday, December 16th—more than a week later than the Discovery Deadline. Even with the additional time, Platinum Partners and DMRJ failed to produce the documents as required by the Stipulated 2004 Order. In light of the aforementioned indictment against the DMRJ Executives, the Committee was informed by Platinum Partner's and DMRJ's counsel that it is unlikely to receive this critical discovery within any reasonable timeframe, and depositions of any Platinum Partners
or DMRJ individuals have been delayed for the foreseeable future. Indeed, at this juncture, Platinum Partner's and DMRJ's counsel has indicated she cannot even predict when the documents in question may be produced. "
