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Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.

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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Comments (17)

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.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By stryker-ny on 11/4/2007 2:45 PM
Bud...Do I catch a whiff of possibility here.I really believed that this was a lost matter. Man, Im sorry I told Altomare to stuff his semper fi......

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.

By bburrell on 11/4/2007 2:54 PM

DD,

Give me your real name and address, bitch. Why are you hiding behind a screen name you gutless name calling Twat?

I assume this screen name is your cup size, as it is clearly too large for your brain or your balls.

I just love it when a shit like you shows up on my Board. It means I must really be getting to the people who pay you, like those who pay Weiss and his main man shill Robodick Schneider.

Keep swinging, you are never going to get up to the plate.

This is a game of analysis, requiring intelligence, and you are clearly unarmed.

B.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By bbhindyou on 11/5/2007 7:37 AM
Bud... HR 1955the violent radicalization and homegrown terrorism prevention act of 2007 Please check this out. As the walarus said to the carpenter 'I fear for you I really do " and the next three lines as well. Our rights like those poor oysters ,well,they've been eaten every one. Please be aware and take much care.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.

By stryker-ny on 11/5/2007 7:43 AM

Bud..Ok..I read the appeal...and imo there is a solid foundation in law for a reversal of the lower court decision...but for what purpose...the SEC forced CMKX into receivership...thats a done deal...what can Altomare gain even if they win,which seems likely...can they get the SEC to cough up the 700 mil...btw who is DD ...you sure ripped him/her a new azzhole......

Reply: DD is a paid basher who posted four vicious insults. I simply returned the favor after first deleting the bash posts. Male/Female/She Male, I have no idea.

His/Her/Its sex is immaterial. Whatever, DD is a whore and a prostitute, both terms being non-sexually specific.

If this action prevails, I would not want to deal with Jane's karma. In her next life, she will be coming back with no legs, lower than a reptile or cockroach. She will have to change her phone and email. I hope Leopold is paying her well.

God is tough, no matter what your religion.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By Anthony on 11/5/2007 9:18 AM
Bud , ..Truthseeker, janice shell ,CT , Jeffrey s michell , mighty mezz , scion . these losers have nothing better to do off with their heads

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.

By Anthony on 11/5/2007 9:20 AM

Bud ,Jane wrote in an email

On the topic of NSS, I do not understand why it would help the
company
to have more shares outstanding. It seems to me that the defeat of
the naked shorters would be their inability to cover at the right
time, and thus, the fewer shares outstanding the better.

Jane Moscowitz

jmoscowitz@...

is she really that stupid ?

or is she playing dumb?

she shouldnt even be here due to her confliction with Harry Leopold and the eagletech case .

Reply: She isn't dumb. She has gone over to the dark side, or she wouldn't be representing Leopold.

I hope she gets stiffed on her bills. She deserves it.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.

By Anthony on 11/5/2007 10:36 AM

Jane Moscowitz said

"This means you all knew that the company had no intrinisic value and
could only exist by virtue of flooding the market with billions of
unregistered shares.

I am happy to receive a written explanation, do not want telephone
calls."

it seems everytime she says something it sounds more convincing that she was sent from higher powers to gut USXP and play stupid .
As for Lynch ....he throws the book at USXP orders a receiver and then at RA's hearing for contempt comes off looking like an honest judge .

looks like an act to me

i say we open up the books

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By Mike on 11/5/2007 10:36 AM
Ok...usxp is down to the Pinks ! The Receiver did nothing to avoid that ! Why she filed for extension ? I can´t wait for the 20 days to be over to see the SEC answer to Altomares and Gundersons Appeal ! Hopefully we get justice and do not have to go to the supreme court !

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By Anthony on 11/5/2007 10:38 AM
Bud . How is it possible Jane Moscowitz had frozen all USXP bank account even before she came to boca ? USXP hadnt missed a payroll in 16 years and Jane Moscowitz (in her report) makes it seem like RA was stiffing his 10 year+ loyal employees . and why the hurry to sell LUGGAGE EXPRESS for 35 grand ? that was pretty STUPID

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By Anthony on 11/5/2007 10:39 AM
Bud , lets say USXP wins the appeal in time to save it from conflicted lawyer Jane Moscowitz's crystal clear attempt to help the dirty SEC close the doors on USXP . then what ?? why would anyone want to remain in the rigged U.S markets ? Altomare should have bailed months ago ,instead of waiting for a handout from the secretive middle eastern skinflints.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By bburrell on 11/5/2007 10:41 AM
USXP is NOT part of the appeal. Jane removed the Company (and its shareholders) from the appeal without consulting anyone from the shareholders. The shareholders have rights. If they don't exercise them, they can only blame themselves.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By bburrell on 11/5/2007 10:55 AM
DD, Fill your cups with something smooth, creamy and silky, and then have sex with them. That is as close as you'll ever get to the real thing. The hard part will be for you to pull your head out of wherever long enough to make a difference.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.

By stryker-ny on 11/5/2007 1:03 PM

Bud I honestly don't understand why Altomare is bothering to appeal...appeal what...the company is no more..what can he possibly pull out of the bag..what can he benefit from...tia

Reply: If Tifford wins, the two of them are off the hook on the Lynch imposed fine, and go to Jury Trial. Jane put USXP and its shareholders out of the equation by dropping the Company's claims.

The shareholders are entitled to a detailed explanation for her behavior if that is the case.

Re: Altomare and Gunderson Court of Appeals Brief Link, re: USXP Action.	By TheSimpsons on 11/5/2007 2:02 PM
What do your DOJ contacts have to say about Universal Express Bud? Are they going after the naked shorters? Reply: Let's wait and see.