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Tuesday, October 6, 2009

Feds Asked to Investigate Tembeckjian and Friedberg in $40 Million Scam

The United States Attorney General, Eric H. Holder, Jr., and FBI Assistant Director in Charge of the New York Division, Joseph M. Demarest, Jr., have been asked to investigate New York's Judicial Ethics' Chief Counsel Robert Tembeckjian's actions involving a $40,000,000.00 Manhattan trust. (The full letter will be posted Thursday, October 9th)

An attorney involved in the underlying case raised the issue of the the apparent inaction by the Commission on Judicial Conduct (“CJC”), headed by Tembeckjian, involving the actions of a Supreme Court Judge and $40 Million Dollars. At the time, Alan W. Friedberg was Tembeckjian's assistant at the CJC; Friedberg currently heads the troubled Manhattan attorney ethics committee as chief counsel. The involved attorney still questions the inaction of current CJC Chief Counsel, Robert Tembeckjian and his then-deputy Friedberg. The attorney often wonders about Mr. Tembeckjian and the CJC's, at a minimum, failure to act, "A gross failure to act... misprision of a felony, in my mind." The focus of the recent request is to investigate Tembeckjian and Friedberg's possible federal crime of Theft of Honest Services and Misprision.

Misprision is a crime of omission and the U.S. Code describes Misprision of Felony as follows: "Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."

In July of 2007, a complaint was made concerning New York State Supreme Court Justice Charles E. Ramos who had received a "waiver" of the Rules Governing Judicial Conduct from the then-Chief Administrative Judge based upon information he (Ramos) provided in writing. The “waiver” pre-approved Judge Ramos to be co-executor of two estates of a couple who were alive and, importantly, over their various trusts.

The Ramos Waiver Request Was Not Truthful

The highly unusual "waiver" of the State Judicial Rules was given by the then-Chief Administrative Judge on May 7, 2003, about a year prior to the jurist's involvement in the 2004 "corporate greed" lawsuit filed by the New York State Attorney General involving the New York Stock Exchange, former Exchange Chairman Richard Grasso and then-NYSE director Kenneth G. Langone, a co-founder of Home Depot.

The May 7, 2003 dated letter from the Administrative Judge allowed Judge Ramos "to be named and to serve as a co-executor and trustee under the Wills of Ruth and Herb Weissberg.”
(Click here to see "Ramos-Weissberg Documents" - Ignored by Tembeckjian and Friedberg)

On May 7, 2003, however, Ruth and Herb were very much alive. And though Herbert Weissberg would die about 2 months later, on July 3, 2003, it was confirmed that Herb had had a stroke and couldn’t speak due to dementia and aphasia, for well over one year prior to his death. While the then-Chief Administrator’s letter reiterates Justice Ramos' contention- possibly as a backside-covering document, or simply as a courtesy to a fellow jurist- that he "had a longstanding relationship of trust and confidence with the Weissbergs going back 36 years," there is no mention as to why the original March 24, 2002 dated Will did not name Charles E. Ramos as an executor or trustee but, instead, the Last Will named trusted accountant Andrew Rubin and long-time friend attorney Paul Herman as co-executors. It was only by virtue of a subsequent Codicil by the long-incapacitated and dying Herbert Weissberg that Andrew Rubin and Paul Herman were removed as named co-fiduciaries, and replaced with Judge Ramos and the frail, soon-to-be-widow, Ruth Weissberg as the new named co-fiduciaries.

Troubling Beginnings

After graduating Fordham law school, Judge Ramos joined the law office of Benedict Ginsberg in the late 1960’s. After reportedly running that law firm in the early 1980’s, Judge Ramos was appointed to the New York Civil Court by a mayoral committee. As a Civil Court judge and, from 1988 through 1993, an acting Supreme Court justice, Ramos joined several other judges in publicly criticizing the screening panels that chose Democratic candidates for Manhattan judgeships, claiming they trumped law with politics. In 1992, and after having just lost a run for the Supreme Court, he criticized the selection process in a letter to the New York Law Journal, accusing "those who have accumulated and hold on to political power" of ignoring Hispanic candidates for the bench. It is reported that the interview with the committee to approve his being a judge was an act of “going through the motions,” as the decision had already been made by the party bosses. During that interview, candidate Ramos was asked if it was true that he had once represented a client, and proceeded through a full trial with that client, without informing his adversaries or the sitting judge that his client was, in fact, his (Ramos’) wife. Candidate Ramos reportedly replied, laughingly, “Yes, guilty as charged.”

New Information, No Laughing Matter

Various interviews with sources in New York and New Jersey, and who asked not to be identified, have now confirmed that Herb could barely say “yes” or “no” and was in a fetal position during the last year of his life. All of the nearly two dozen people interviewed for this article, and who knew the Weissberg family for decades, were surprised, if not shocked, to hear that Judge Ramos had presented himself as a long time "dear friend" of Herbert Weissberg. “It’s a lie,” said one 80-year-old friend of Herb’s who says he has known the Weissberg family for 50 years. It also appears that other plans to wrestle control of Herb's millions were in the works. It is also alleged that in October of 2001, Herbert Weissberg’s attorney, Paul Herman, went to the hospital to visit Herb, who was at that time extremely ill and unable to speak due to dementia and aphasia. While it cannot be determined exactly how many documents, purportedly signed by Herbert Weissberg, emerged from that hospital visit, or exactly from whom, what is certain is that Herb’s signature varies significantly from one writing to another on papers with the exact same date. Also, and falling under the caption of "sloppy frauds," is one document supposedly prepared by Herb and which misspells the word “Gramercy” – as in the Gramercy Park Hotel- the place Herbert Weissberg had run for decades.

Do People with Dementia & Aphasia Initiate Complex Estate Changes?

It appears that out of thin air, but with a judicial waiver in hand, Judge Ramos then appeared and became a paid trustee. The question remains that if Judge Ramos was such “a close, personal friend of the family” and as presented to the then-Administrative Judge who had to “sign-off” on the waiver, then Judge Ramos surely would have known that Herb Weissberg had been very ill, could barely scribble a signature, and could not communicate or understand anything complex- all long before the codicil giving him (Ramos) so much was even drafted.

Lack of Oversight Breeds Other Brazen Judicial Acts

In 2008, a New York Daily News EDITORIAL, "Charles Ramos in no state to rule on Citigroup, Wells Fargo and Wachovia (October 7, 2008) provided more insight into the unchecked state of the judicial process in New York:

It is an understatement to say that the stakes were astronomical in the battle between Citigroup and Wells Fargo for control of Wachovia bank. The fight involved billions of dollars and was at the time the latest front in the U.S. effort to keep banks from going under. Predictably, the tug of war ended up in court - where depositors, shareholders, employees and taxpayers deserved the highest level of judicial attention. But that's not what they got - not even close. While the whole world was watching the New York State courts, in the person of Manhattan Supreme Court Justice Charles Ramos, Judge Ramos conducted half-baked proceedings and issued a back-of-the-envelope ruling that was summarily tossed within 24 hours. Ramos should be embarrassed - as should the judges who are responsible for making sure that the city's courts, particularly those in Manhattan, are prepared to handle major commercial disputes. The background is that Citigroup, working with the federal government, thought it had reached a deal to acquire Wachovia. But late on a Friday, Wells Fargo and Wachovia announced that they had struck a different takeover arrangement. Claiming breach of contract under New York law, Citigroup rushed on Saturday to seek a court order barring Wells Fargo and Wachovia from consummating their deal until a judge sorted out the issues. But New York's courts are closed on Saturdays - and they don't keep a commercial judge on call. That left the lawyers to find one on their own, and they came up with Ramos, tracking him down at at his home in Cornwall, Conn. (By the description in The New York Times, the house is a stately white Georgian place, unlike the address from which Ramos votes in upper Manhattan.) Now, things got sloppy. Ramos had only the lawyers from one side before him. He got other attorneys on the telephone. But Ramos' house wasn't equipped to run a conference call. He had to talk with one lawyer, relay what was said and relay a response, and so on. There was no court reporter to record what was said. After a couple of hours, Ramos issued a handwritten order freezing the Wells/Wachovia deal. But on Sunday, Manhattan Appellate Division Justice James McGuire chucked the whole megillah. He ruled that 1) Ramos didn't have the power to issue an order when he was out of state; 2) Ramos didn't have lawyers for both sides present, and 3) Ramos was just too fuzzy in the way he wrote his decision. McGuire's rebuke of a fellow judge who overlooked the basics that his authority stopped at the border and that all sides must be fully represented was fittingly stern. New York, the center of world commerce, deserved far better from its courts.

Being Fair to Robert Tembeckjian, Friedberg and the CJC

In fairness to Tembeckjian, Friedberg and the Commission on Judicial Conduct, it is possible that the Ramos/Weissberg complaint simply disappeared and never made its way to the proper individuals who would be involved in any Ramos investigation process. The magical disappearance of certain complaints have been known to occur at most “ethics” committees around the state- acts orchestrated by well-placed cogs who have access, and the motivation, to make complaints against favored-people simply vanish. It is widely believed that this practice (of white-washing or causing the disappearance of complaints) has been largely perfected over the last twenty years.





******* MORE BACKGROUND:

NYSE Grasso Langone Judge Gets $20 Million $weetheart Deal

New York State Supreme Court Justice Charles E. Ramos received a "waiver" of the Rules Governing Judicial Conduct which permitted the jurist to be co-executor of two estates-- even though the couple was still alive, a review of the public records reveals....

The odd "waiver" of State Judicial Rules was given by then Chief Administrative Judge Jonathan Lippman on May 7, 2003, about a year prior to the jurist's involvement in the 2004 "corporate greed" lawsuit filed by the New York State Attorney General involving the New York Stock Exchange, former Exchange Chairman Richard Grasso and then-NYSE director Kenneth G. Langone, a co-founder of Home Depot.

The May 7, 2003 dated letter from the Administrative Judge allowed Judge Ramos "to be named and to serve as a co-executor and trustee under the Wills of Ruth and Herb Weissberg.” However, on May 7, 2003, Ruth and Herb were very much alive, though Herbert Weissberg would die about 2 months later, on July 3, 2003.

While Judge Lippman's letter reiterates Justice Ramos' contention that he "had a longstanding relationship of trust and confidence with the Weissbergs going back 36 years," there is no mention as to why the original March 24, 2002 dated Will did not name Charles E. Ramos as an executor or trustee but, instead, the Last Will named trusted accountant Andrew Rubin and long-time friend attorney Paul Herman as co-executors.

It was only by virtue of a subsequent Codicil by the long-incapacitated and dying Herbert Weissberg that Andrew Rubin and Paul Herman were removed as named co-fiduciaries, and replaced with Judge Ramos and the frail, soon-to-be-widow, Ruth Weissberg as the new named co-fiduciaries.

In the still-pending NYSE lawsuit, it is unknown whether Grasso's lawyers, Washington based Williams & Connolly, ever raised the Weissberg issue in their three failed attempts to remove Judge Ramos because, they maintained, he could not be fair and impartial. It is also unknown if Williams & Connolly even knew about the possible conflicts of interest between Ramos and Weissberg estate or trust appointees, which are not subject to normal judicial public disclosure requirements.

In a NYSE court proceeding in October of 2006, Judge Ramos wrote that "The Attorney General represents the investing community, all of which rely on the integrity of the market. The integrity of the market mattered before the action was initiated, and it matters now."

22 comments:

Jesus said...

Oh My God !

Anonymous said...

I can't believe that Tembeckjian knew about this!

Anonymous said...

nothing but a shell game,
Goldman Sach's knows are banks are bad, they deregulate and make it more hidden, shell this stuff overseas and at the same time our judges and lawyers decide to play the game........
so what, catch me if you can!

Anonymous said...

no wonder Andy is too busy to attend the hearings, he is chasing shells and working on his election campaign financiers!

Anonymous said...

wills are subject to public disclosures and tax consequences at such large amounts........

trusts are not subject to public disclosure and can circumvent the tax laws if handled properly.....

and you do not have to account to anyone!

Anonymous said...

Ramos needed the money to pay for his next appointment, but that didn't happen as planned....
could that be why the complaint was missed, the crew needed the money

Anonymous said...

I think the Devil is going to have to expand hell, to be able to fit all of the judges, lawyers, law guardians and "forensic experts" working hard at destroying families and children, promoting child porn, pedophilia, drugs, alcohol,family destruction and violence. Hey Andrew Cuomo why is it that your office appears to be protecting corrupt attorneys? Your earthly purchases are also guaranteen a hot and burning place in hell.

Anonymous said...

Andy has to get campaign contributions and acceptance for his next post somewhere........

do you think it has gotten so bad he can not do it all!

it is up to the people and our Senators/Congressman to stop this, problem some of our Senators/congressman are culpable!

T Finnan said...

My State complaint against Tembeckjian is on line at http://www.exposecorruptessex.com/TembeckCrime.jpg
and will be modified with applicable federal laws and sent to Federal officials tomorrow morning. See my Senate Testimony at http://iviewit.tv/vid/Terrence%20Finnan.wmv
There is no excuse that Tembeckjian can offer. Any others want to follow my example?

Anonymous said...

if I only knew all the laws that were broken
I know it was not all my judges
it was my own lawyers falsifying paperwork to the court, within my file to protect themselves from the legal malpractice they have been committing for years, they have even lied to the FBI.......

do you have any idea how many people have had their rights violated and say well a lawyer did it, there is nothing I can do

or even not know their rights were violated.........

lawyers lie, bottom line and are rarely ever accountable

I truly say best of luck to all
and may you always be guided by the light!

Dem Pol said...

Ramos was going to get Lippman's post until Eliot Spitzer had his personal problem become public. Too bad!

Anonymous said...

WHAT ARE THEY WAITING FOR???????WILL SOMEONE LOCK UP THESE THUGS, PLEASE!!!!!!!!!

Anonymous said...

CAN SOMEONE PLEASE TELL ME WHY CUOMO WAS ALLOWED TO BECOME THE NYSAG...Wasn't he in trouble and had to go to Florida to lay low for awhile, like many years ago? That's what a heard!!!Correct me if I'm wrong.

Anonymous said...

Tembeckjian and his crew have done very well for themselves and screwed the citizens of the State of New York. When will the citizens have Justice? When will we have due process?

T Finnan said...

Dear Mr. Tembeckjian: criminal complaints at both State and Federal levels has been submitted. Are you depending on your corrupt buddies? Perhaps, you want to begin action against Judge Kevin K. Ryan?(you have a small window). What will you tell the jury about your malfeasance? Are you depending on Andrew Cuomo to protect you? More tomorrow. Pleasant dreams, Mr. Tembeckjian.

Anonymous said...

here is the link to the Government Witness List in the public corruption trial of former State Senator Joe Bruno: the List contains former Senate Lawyers, staff, lobbyists, and much more:

http://www.scribd.com/doc/20718299/Prosecution-s-List

No. 60 on the current list is Senator Maziarz from the Buffalo region who was recently present at the NYS Senate Hearings on the Judiciary in Manhattan on Sept. 24 2009 who approached Senator Sampson shortly before the Testimony of trillion dollar inventor Eliot I. Bernstein who had appeared on June 8, 2009 in Albany, NY to Testify and was scheduled to testify until the Coup closed down proceedings for the day.

Eliot I. Bernstein's story is now commonly known as "Patentgate" and has had the attention of Washington, DC for some time. For full pictorial evidence of the Car Bombing and Attempted Murder upon the Bernstein family in Boynton Beach Florida by a Car Bomb so strong as to take out 3 cars go to www.iviewit.tv. The Bernstein family was in the process of filing US Supreme Court papers at the time of the Car Bombing several years ago.

President Obama and US AG Eric Holder have been petitioned for action in the Patentgate Saga.

link to inventor Bernstein's Press Release upon filing of formal written testimony to NYS Senate Judiciary Chair John Sampson:

http://www.free-press-release.com/news-senator-john-l-sampson-ny-senate-judiciary-comm-hearing-testimony-of-iviewit-inventor-eliot-bernstein-re-trillion-dollar-fed-suit-naming-proskauer-1254966944.html#

This is one Among the Many Horrific Real Life stories involving the NY Courts and more.

Anonymous said...

Interactive Link to Written Testimony to NYS Senate Judiciary and Cover Letter to Senator Sampson by Eliot I. Bernstein, complete with hyper links, alleged crime charts, organizational charts and such.

http://iviewit.tv/wordpress/

Anonymous said...

hey Eliiot are you telling me I may be a victim of a car bombing since all statements have pointed to Senator George Maziarz and friends making sure I have no rights in Niagara County, including falsifying medical records, so I can not report any legal malpractice, so I am not believed........
so I can be threatened over and over again if I speak the truth!
Is it Maziarz tactics?
is that him who is passing around false information?

Anonymous said...

this is really sad when you are not allowed rights and not allowed to tell the truth!
they have no idea how many they are harming
and not just their targets.......

Anonymous said...

I heard Maziarz is testifying for both sides.........

Anonymous said...

wasn't the coup staged by Maziarz
Golisano Pigeon and Wojtaszek,
or do I have my facts wrong!

I am surprised Golisano would take part! That guy actually has a real job.

AGResponses said...

Frank Brady,

Thank you for all your efforts..

A request ...

I do not see any AG responses to the Lawsuits filed....

Would it be possible to upload/
post them?

TIA

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