Universal Express Inc fka USXP

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Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action. http://www.thesanitycheck.com/Blogs/BudBurrellsBlog/tabid/84/EntryID/664/Default.aspx

Location: Blogs Bud Burrell - Front and Center

Posted by: bburrell 11/3/2007 10:42 AM

Read this brief. The SEC must answer within 20 work days, after which the defendant appealing gets one more round.

http://www.mediafire.com/?9nuy0bos92u

For those of you not familiar with Bankruptcy Code, here is a bit of an education.

Copyright ©2007 Bud Burrell
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Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action. By Anthony on 11/4/2007 8:39 AM
Bud , why is it the SEC failed to get a temporary restraining order" TRO" against USXP in march of 2004

http://sec.gov/litigation/litreleases/lr18636.htm



Reply: The SEC tried to bend the rules inappropriately. It ain't over till it's over.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action. By Anthony on 11/4/2007 8:44 AM
Judge Lynch chose to reject the BK excuse.

"Altomare and Gunderson cannot use a decade old bankruptcy order as an indefinite liscense to break federal securities law and commit fraud with impunity"

if Lynch so easily ignored the BK excuse ...what's stopping the appeals court from rejecting it as well ?

Is Tifford trying to misdirect the SEC in forcing them to challenge the BK law directly ?


Reply: Our system of law is about law, and only about justice secondarily. Bankruptcy Code trumps everything but the Supreme Court. The SEC had this testimony for months, and agreed to the Jury Trial by email. Read the brief.

There is no guarantee this pleading will be successful, but the appeal has standing for another appeal if necessary, to the Supreme Court.



Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action. By Mike on 11/4/2007 11:09 AM
If bancruptcy law is higher as the SEC why Lynch can ignore it ????

"Altomare and Gunderson cannot use a decade old bankruptcy order as an indefinite liscense to break federal securities law and commit fraud with impunity"

If they can and it is legal why Lynch does not see it that way ? Why the bankruptcy court does not step in ?




Reply: Lynch stated he viewed the SEC as just another Gov't bureaucracy. I can show you other cases where Federal District Court Judges and the SEC tried to get around Bankruptcy authority, with uniformly negative results including threats of sanctions.

Lynch said this was too complex a space (NSS) for a jury to understand it. Sorry, but that isn't our legal system. Two juries and two different judges found otherwise.

Two wrongs don't make a right, even in a worse case. Bluntly, whatever was done or not done by Altomare causes no change in the controlling laws. The SEC would like to have it that way, and be able to get away with the same kind of crap another infamous 3 letter agency does. This infamous agency has a Commissioner who says SCOTUS has no authority over them. The SEC wants it the same way.

The SEC was a blackmail and extortion racket from its inception and it was used as like a Dog by Joe Kennedy Sr. when he was Chairman, to attack anyone getting in his way.

The SEC is sponsoring the legendary criminal Sam Antar to tour US Attorney offices to educate them on the very crimes he committed. Count on Antar to spin it his way.

Finally, where are the superceding indictments in all the cases as promised. There HASN'T BEEN A SINGLE ONE. The responsible parties have determined they can now lie to all of the people, all of the time. Let them explain that to the MOB of victims they have royally screwed, while benefitting economically from the very crimes they have suborned and protected. This entire financial equation we call our monetary system is swinging from broken pylons. One more manipulative scandal like the sub prime fiasco, and those in charge should be tried for Treason, not given $160 million bonuses.



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