Albert L. Peia, Pro Se

P.O. Box 862156

Los Angeles, CA 90086

(213) 219-7649 

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

 ________________________________________

           In re: Richard M. Coan                                                                3:09GP  18 AVC

SUMMARY OF COMPLAINT

      Defendant Coan, as Chapter 7 Trustee, was ordered by the Bankruptcy Court to submit a filing in adversary proceedings by a Court Ordered deadline or said adversary proceedings would be subject to dismissal. Defendant Coan failed to file anything whatsoever and said adversary proceedings were  dismissed with prejudice  causing this complainant (and legitimate creditors) substantial damages.

                                                 BRIEF BACKGROUND SUMMARY
     A client had been referred to me regarding the concerns of two shareholder/owners over third shareholder /owner’s ever more integral involvement with the mob, which concerns were assuaged and problem solved by me by way of a voting trust edging out the third partner (see
Plaintiff’s (5 page) RICO Summary Under Penalty of Perjury provided to the FBI at their request, reiterated and filed herein, nunc pro tunc, for more detailed account). I deferred some fees consistent with vagaries/difficulties of the client’s business and was owed a substantial sum by said client. There came a point in time when it was obvious there was illegal activity (illegal/drug money laundering, including through the Trump casinos) on the part of said client and in seeking funds owed to me I was told by the remaining shareholder /owner, Dilena, that assuming my compliance (and hence complicity), I would be paid. I filed a RICO Action and the case was assigned to newly appointed federal judge Maryanne Trump Barry, Donald Trump’s sister. I moved to recuse her for the obvious conflict – hundreds of thousands per month of revenue to her brother’s casinos from defendant Dilena /companies, which motion she personally heard and denied. I personally met with District of N.J. Assistant U.S. Attorney Jonathon Lacey, provided him with documentary evidence of the illegal money laundering, and explained the various illegal activities to him, and in the context of my pending RICO Case. About a month or so later I inquired as to his progress and was told Lacey was no longer with the U.S. Attorney’s office, no further information available, and that the file could not be located. I thereupon delivered by hand another set of copies of the documents to U.S. Attorney Sam Alito with the federal employee receiving same assuring the package addressed to Alito would go directly to him. Upon inquiry not long thereafter I was informed Alito was no longer with the office of the U.S. Attorney and the file/documents could not be located (Alito was appointed to the 3rd Circuit Court of Appeals and amazingly, now is a U.S. Supreme Court Justice. Many people have served prison time for far less than his crime, ie., Martha Stewart, etc. Maryanne Trump Barry also sits on 3rd Circuit Court of Appeals where they sat together). In the meantime, I was constrained to file under Chapter 11 of Title 11, U.S.C., and sought by way of personal meeting with U.S. Trustee Hugh Leonard that he join in my motion to recuse Trump Barry which he refused to do but he did leave his position as U.S. Trustee, upon information, for a position as partner at Cole, Shotz, et als, on retainer with Dilena and companies as central clients. I had moved to Connecticut where I filed a Chapter 13 proceeding which should have crystallized the legal/property aspects of the case if not for improprieties by Alan Shiff of the bankruptcy court in Connecticut, when I finally, in light of the corrupt processes, filed a Chapter 7 in Virginia where I maintained an office seeking an orderly liquidation of my properties/assets, payment of creditors, and in light of the substantial equity in my real properties a substantial sum even at substantially reduced prices, the RICO action being the primary thorn in the side of said court and again the matter wrongfully/illegally handled and never consummated according to law which otherwise would have concluded all matters except for, by inference, the RICO action]. [Former FBI Agent Richard M. Taus attests by affidavit to drug money laundering endemic to this 2nd Circuit (equally applicable to 3rd Circuit, ie., Atlantic City, etc., and crime families) and former CIA Agent Dois Gene Tatum attests by sworn declaration to high level government involvement in such illegal drug related crimes ].

     In light of defendant Coan’s wrongful/illegal conduct damaging me and benefiting other RICO co-conspirators /defendants, I made no secret of my intent to utilize the judicial process to seek damages against defendant Coan for his intentional and illegal acts damaging me, and coincidentally, any legitimate creditors of my estate. Parenthetically, it is reasonably inferred that it was defendant Coan’s knowledge of his own illegal/wrongful acts damaging me and constituting a fraud under Title 11 U.S.C. and a RICO violation thereby that did prompt Coan’s subject action before Judge Chatigny to preclude me from suing him without leave of court. It is noteworthy that the action brought by defendant Coan and heard at the subject hearing before The Honorable Robert N. Chatigny, Chief Judge, USDC (Dist.Conn) had the subject bankruptcy court case reference, viz., Bankruptcy No. 95-51862, No. 3:97-CV1165(RNC) for which I flew in from California, gave testimony and had occasion to cross-examine Coan . The Honorable Robert N. Chatigny, Chief Judge, USDC (Dist.Conn) denied Coan’s relief as to Coan but granted same as to Shiff. On or about April 28, 2005, I received a call from a person named Sandra who identified herself as an employee of the U.S. Bankruptcy Court, Bridgeport Division, who stated that the subject bankruptcy case had been closed on October 20, 2004 and a final report filed, the details of which I set forth in my affidavit dated 5-2-05, filed with the court on 5-4-05, and referenced in my motion/application to withdraw as moot the Application For Leave To File The Complaint I had sought to file in light of same, which was granted by Judge Kravitz without prejudice while denying the request for criminal referral except as to local police which I delivered by hand to LAPD,Attention:LAPD Chief Bratton.

      The documents filed by me in this RICO litigation have been filed under penalty of perjury [RICO Verified Complaint, RICO Statement,  Affidavit in Support of RICO Verified Complaint, Addendum, 6-6-05 Addendum , Plaintiff’s Opposition papers set forth below, etc., just dismissed by Janet Hall, U.S.D.C.J., for lack of jurisdiction.].It should be noted as set forth in Plaintiff’s (5 page) RICO Summary Under Penalty of Perjury provided to the FBI at their request, reiterated and filed herein, nunc pro tunc, as Addendum to  Affidavit in Support of RICO Verified Complaint, the prior filed RICO Action was stayed by Judge Gilroy Daley (he had previously presided over cases of prosecutions involving organized crime but passed away which then resulted in the transfer of the RICO case first to Judge Thompson, and then to Judge Arterton, U.S.D.C.J., who dismissed the case without prejudice stating in her Order her incorrect presumption that the case was being resolved in bankruptcy court although the adversary proceedings which had the same defendants /causes of action had just been dismissed with prejudice by Alan Shiff, U.S.B.C.J. owing to Richard M. Coan’s illegal/wrongful conduct) as the subsequent bankruptcy case/adversary proceedings went forward providing a mechanism for assurance to and payment of legitimate creditors, with defendant Coan’s wrongful conduct resulting in dismissal with prejudice benefiting the RICO defendants and damaging the bankruptcy estate, creditors, and me. There is applicable insurance/surety coverage.

                                                RECAP/SUMMARY/CONCLUSION

     The Chapter 13 plan provided for 100% payment to the (relative to assets) small (minimal amount of debt) number of creditors and as well designated the proceeds of the#3:93cv02065 (AWT) judgment to Norwalk Savings relative to the 62 Barnum Road, Danbury, CT property. As set forth in plaintiff’s Verified Complaint, RICO Statement, and Affidavit, the Chapter 13 proceeding was converted to a case under Chapter 7 on or about 5-1-96 on Alan Shiff’s own motion, after plaintiff had already filed a petition under Chapter 7 in California on or about 3-11-96, and had already consummated the 341A hearing in the California proceeding. Alan Shiff, U.S.B.C.J., (and Coan), did utilize the mails in perpetrating said fraud (on courts, creditors, plaintiff, etc.), constituting the RICO predicate violation of mail fraud thereby, violative of Section 1341, fraudulently misrepresented the date of dismissal of a proceeding over which he himself had presided perpetrating a fraud connected with a case under Title 11 as proscribed in Title 18 U.S.C. Section 1961(1) (D); and further, brought a (retaliatory against a witness/victim/informant violative of Section l5l3) spurious contempt proceeding against plaintiff, obstructing justice thereby in violation of Section 1503 (and additionally was without jurisdiction to legitimately do so). Quite simply, he lied (materially false fraudulent representation); knew he lied (scienter); lied with the intention of deceiving (intent); the lies were relied upon (ie., government, courts, etc.)(reliance); said offense/fraud in connection with a case under Title 11 directly causing damage to plaintiff’s property and business (and as well to plaintiff’s estate and creditors), which lie/false statement was brought to the attention of the court presiding over the contempt proceeding by counsel on my behalf; viz., Robert Sullivan, Esq., Westport, CT.. The separate referenced judgment entered 9-18-96/filed 9-19-96 dkt. 393cv02065(AWT) in my favor by Judge Thompson in the U.S. District Court for the District of Connecticut is now worth well in excess of $300,000 with interest and/or trebling and remains unaccounted for, and according to the filed Chapter 13 plan was to go to Norwalk Savings for the 62 Barnum Rd., Danbury, CT property. The within referenced filings with exhibits thereto, have been sent to FBI, and the RICO Summary under penaltyof perjury sent to and at the request of the FBI. Richard M. Coan has not rebutted even one sworn statement by plaintiff herein, all averments being under penalty of perjury (RICO Verified Complaint, RICO Statement, Affidavit, and filings), and in the paramount judicial interests of truth and justice, respectfully submits that without action by this Committee legitimate creditors and I will left without a remedy. Indeed, a rule of reason should obtain herein, particularly in light of the numerous conflicts and hence, incentives to cover-up and further obstruct justice. Specifically, the Bankruptcy Court is part of the associated-in-fact enterprise. Moreover, Alan Shiff, U.S.B.C.J., has committed various RICO violations including that extortionate ploy (and fraud) under color of right based on Shiff’s false statement, the falsity of which was borne out by counsel on my behalf, Robert Sullivan, Westport, CT. Moreover, Albert Dabrowski, Chief Judge, U.S.B.C., was U.S. Attorney at the time of the spurious contempt proceeding, and Diedre Martini, now U.S. Trustee for the District, the prosecuting Assistant U.S. Attorney. To require leave of court from said Court is almost tantamount to requiring my seeking leave of a mafia godfather or under-boss before commencing a RICO action as here relating to the illegal money laundering, fraud connected to a case under Title 11 U.S.C., etc.. Stated another way, as a direct consequence of defendant Coan’s wrongful conduct, there is nothing left of the bankruptcy estate for the bankruptcy court to preside over (what does remain are the substantial damages caused by defendant Coan as documented in the instant case before the present Court). Additionally, in light of the closure of the case, as well as the destruction of any and all assets of the estate by defendant Coan’s wrongful conduct, and the consummation of the fraud by defendant Coan thereby, it would be but a fool’s errand to pretend that justice could be served thereby.

             The foregoing statements made by me are true under penalty of perjury pursuant to the laws of the United States of America.

   Dated: 4-5-09          Respectfully Submitted and Signed by: _______________________

                                                                                                         Albert L. Peia, Pro Se

                        

 

 

                                                     CERTIFICATION OF SERVICE

 

I, Albert L. Peia, hereby certify that copies of the within, including Autorun DVD with relevant (PDF formatted) documents and hyperlinks, as set forth therein including the foregoing instant document designated by date as Grievance Summary Document (4509grievancesummarydocument.pdf)  were served by way of regular first class mail, postage pre-paid on this ______day of April, 2009, upon the following:

 

MEMBERS OF THE FEDERAL GRIEVANCE COMMITTEE as set forth in the Federal Grievance Committee Service List (As Updated March 24, 2009 – 14 Members) which is appended immediately hereto.

 

Richard M. Coan,

Coan, Lewendon, Gulliver, and Miltenberger , LLC.,

495 Orange St., New Haven, Ct. 06511

 

Walter W. Grattan, Jr., Supervisory Special Agent

Kimberly K. Mertz, Special Agent in Charge

Federal Bureau of Investigation

600 State Street, New Haven, Connecticut 06511

 

Dated: 4-     -09                   Signed:______________________________

                                                                               Albert L. Peia