Universal Express Inc fka USXP

[lynchlynch]

ATTENTION...PLEASE…

THIS MESSAGE IS ABOUT JUDGE GERARD E. LYNCH, A MEMBER OF THE COLUMBIA LAW FACULTY…

We are a group of dedicated shareholders of Universal Express, Inc (USXP.PK), which has over 50,000 shareholders from all corners of the world. We feel it is imperative that the truth be told about this man and all those responsible for attempting to destroy our dreams be held FULLY ACCOUNTABLE.

Gerard E Lynch is a Paul J. Kellner Professor of Law at Columbia Law. He is also a United States District Court Judge in the Southern District of New York.

We have reason to believe that in the case of the Securities & Exchange Commission (SEC) vs USXP and its officers (Case No. 04 Civ. 2322 (GEL)), Judge Lynch has been unduly influenced by the SEC and has, in all likelihood, taken part in ex-parte communications with the SEC. It is also likely he has attempted to communicate with the judges of the 2nd circuit court of appeals where this case is currently scheduled to be heard.

Lynch has sought to destroy USXP in order to cover up the NAKED SHORTING scandal that has besieged it for over a decade. By doing this, he is most likely protecting some powerful Wall Street interests, in addition to those sections of the SEC that benefited from this nefarious activity.

NAKED SHORTING AFFECTS EVERY ONE OF US... IT IS A CRIME THAT WILL ULTIMATELY DESTROY OUR MARKETS, UNLESS CONGRESS INTERVENES IMMEDIATELY… for more on what naked shorting means, please click here:

http://www.thesanitycheck.com/Blogs/BobsSanityCheck/StockCounterfeiting/tabid/105/Default.aspx

A brief history of the Case on USXP... A MUST READ...

http://www.usxp.com/recitation_of_facts.pdf

USXP was the very first company to DOCUMENT AND PROVE TO TWO SEPARATE JURIES THAT IT WAS SEVERELY NAKED SHORTED IN 1998, EVEN BEFORE THE TERM NAKED SHORTING WAS IN VOGUE. THE JURIES AWARDED THE COMPANY MASSIVE JUDGMENTS IN 2001 AND 2003 TOTALLING MORE THAN 700 MILLION $. The company’s general counsel, Mr. Christopher Gunderson, a Harlan Fiske Stone scholar from Columbia University School of Law, FIRST shared the same evidence with the New York SEC. Mr. Gunderson has stated “their answer each time was they were not interested and suggested we write to our market makers.” On March 2, 2004, USXP sued the SEC in a federal court in Florida for harassment, and damages for failing to regulate “naked shorting.” Three weeks later, on March 22, 2004, in the worst case of “forum shopping” imaginable, lawyers for the Denver office of the SEC rushed at night to New York to file a retaliatory suit against the company, charging the company with illegal issuance of shares and false press releases by the CEO, the chief whistleblower on naked shorting in USXP. The massive RICO, non-appealable judgments against stock manipulators who naked shorted USXP in 1998 are the principal reasons for the SEC targeting USXP in an effort to stifle it and discourage thousands of other similarly naked shorted small companies from being equally vocal and rebellious. The SEC went ballistic after the second judgment and this is when the Company's problems began. The SEC went into a vendetta mode after that.

Although the SEC had agreed in writing not to object to Universal Express requesting a jury trial regardless of the outcome of a “summary judgment” requested by all parties in the NY case, Judge Lynch ignored the SEC's word given to the USXP legal counsel Mr. Art Tifford, stating that “the relevant claims by the defendants had already been dismissed by him”. However, these claims were on issues of fact, something we are told only a jury can rule upon, and not a judge. Judge Lynch also remarked that “in any case a jury would not be expected to understand such a complex case on naked shorting”. The irony is that two juries comprising of ordinary civilians saw the evidence in 2001 and 2003 and ruled upon previous cases of naked shorting in USXP, and two separate judges issued judgments based on these findings, both commenting to the effect that “if it were left up to them, they would have awarded even more”.

Lynch also miserably failed in his duties when he appointed Ms. Jane Moscowitz, an attorney from Miami, Fl, as Receiver to take over the company on September 5, 2007. Ms. Moscovitz has defended Mr. Harry Leopold for the last five years in Eagletech vs Bryn Mawr, a case which most now know contains certain gory details about how the underworld connived with various business entities in carrying out severe naked shorting of several bulletin board companies (http://www.billgroover.com/rico/rico.pdf, http://www.billgroover.com/rico /1ac.pdf, http://www.billgroover.com/rico/1ac2.pdf, http://www.billgroover.com/rico /ml.pdf). Among the documents produced by the SEC are bank records of payments to Leopold from Mafia-controlled Lloyds Bahamas Securities. Mr. Young, the CEO of Eagletech, has observed that “with her experience in defending Mafia connected racketeers, some of those racketeers already convicted of securities fraud, I believe she has a conflict that prevents her from serving as Universal Express’ receiver. It is quite clear to me from her conduct that it’s her job to bury the evidence of manipulation at Universal Express.”

By issuing a scathing report in his “summary judgment” in January 2007, completely ignoring USXP’s position that the company issued shares in order to maintain its capitalization in the face of severe naked shorting of its equity, and this issuance was always in keeping with the ruling of a bankruptcy judge when the company emerged from Chapter 11 in the early 90s, and then appointing a “conflicted” receiver to take over the company, someone who promptly decimated the company and sold all parts to competitors for mere farthings, Judge Lynch has caused severe, irreparable damage to the faith of all shareholders of Universal Express who expected a just and fair hearing from this nation’s courts. It appears that U.S. Senator Sessions showed great foresight in 2000 when he warned his colleagues during this Judge’s confirmation hearings that Judge Lynch had the credentials of an activist judge (http://sessions.senate.gov/pressapp/record. cfm?id=178456). Perhaps, his quote “Remember, when we have a judge who believes in activism, it is at its most fundamental an antidemocratic act” was an accurate premonition.

Even a Federal Judge needs to be dismissed for complete dereliction of duty, or at least severely reprimanded for such a lack of professionalism.

Lynch should be taken before the Judicial Review Committee of the Federal Bar to seek his removal from the Bench.

He has acted recklessly and his behavior has made a mockery of the constitutional rights of over 50,000 common shareholders in USXP.

Gerard E Lynch chose to ignore the Bankruptcy Court. A bankruptcy court’s authority takes precedence over all other Federal Courts, including Tax.

Gerard E Lynch appointed a “conflicted’ receiver to shut down the company without even conducting a hearing, destroying the shareholders of the company.

Gerard E Lynch called the shareholders who attempted to educate him DELUDED. He said “It will perhaps be of interest to those deluded shareholders who continue to believe simultaneously that Altomare has their interests at heart". He ignored the essential fact that unless the court orders a "full accounting of the shares traded in USXP", no one can conclude that the USXP shareholders are deluded.

Gerard E Lynch hit this small, innocent public company with a devastating summary judgment, ignoring all of USXP's pleas to consider how naked shorting had damaged the company and, in keeping with the Bankruptcy court’s ruling, caused it to issue shares to overcome the effect on the company’s capitalization being eroded daily by the relentless onslaught of counterfeit shares flooding the market. He granted everything requested by the SEC, even though they were totally inept in helping the company fight naked shorting even after it won two lawsuits against naked shorts, and may have actually colluded with these Wall Street forces in decimating this company like they have thousands of others. His rulings were 90% on questions of fact, including all good faith defenses, all of which are the realm of a jury. Initially, the SEC hid from his court that they had agreed to a jury trial. Later, possibly to escape embarrassment, he argued “in any case, it did not matter, since I have gotten rid of most of the claims of the defendants, and the SEC had withdrawn the rest of the claims.”

Gerard E Lynch wants to send CEO Richard Altomare to jail next week for contempt of his order to make monetary payments towards the summary judgment, even though the 2nd circuit court of appeals is about to hear Altomare’s appeal to overturn the judgment. In a clever move to disenfranchise the shareholders, obviously blessed by Judge Lynch, the Receiver Jane Moscowitz promptly withdrew the company’s participation (and therefore its shareholders’) in the 2nd circuit appeal process.

Lynch is helping to legitimize the destruction of the 10,001st company after the SEC colluded with illegal market forces in destroying over 10,000 small public companies over the past decade by virtue of its extreme ineptitude and inability to arrest or prosecute the dissemination of naked, phantom or counterfeit shares, which according to many knowledgeable sources on Wall Street has now reached an astronomical 14 billion $ per day or over 5 trillion $ per year ! By his wrongful actions he has almost succeeded in destroying this emerging company whose pioneering ideas of moving luggage separately from passengers on airlines has now spread like wildfire, unfortunately with this company more or less sitting helplessly on the side line.

As someone has said “These crooks at the SEC and their corrupt cohorts who raped the American dream should get their punishments in spades.”

The truth on naked shorting in USXP, or for that matter any similar naked shorted company, can only be revealed when a judge grants discovery of the trading records in the company on a daily, weekly and monthly basis for several years. The total naked short sales in USXP per day sold at the market price constituted the recapitalization of the company on a daily basis, which triggered the Company's authority to issue additional shares under its Reorganization Plan and the Federal Bankruptcy Code, which Code trumps the SEC regulations.

Despite what Judge Lynch may think about the application in this case of the Bankruptcy court’s ruling, the one fact that must supersede everything is that Universal Express never waived its right to a jury trial, and without such a jury trial the company cannot get access to the trading records that can prove once and for all whether the company’s equity was severely counterfeited.

THE TRUTH MUST BE TOLD… GERARD E LYNCH IS BOUGHT AND PAID FOR BY THE SEC AND OTHER DARK FORCES ON WALL STREET.

The only way this happened is that the SEC lobbied Judge Lynch ex parte, which is completely illegal.

From the “Concerned USXP Shareholder Group”.