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Rising serpent @rising_serpent
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1. "Private(s) maneuvers"
Consider this: There's a legal dispute between business partners (We're talking an $18 million dispute). Then comes along a shady character who claims he is owed $28,700.
And in order to get the $ 28,700 he files something called "involuntary bankruptcy"
2. The involuntary bankruptcy filed by this Shady character has the amazing effect of freezing the arbitration proceedings.
The timing of the involuntary bankruptcy filed by this Shady character comes 2 days prior to the deposition of the companies employees.
3. Thus a Shady street bum, with a long rap sheet effectively prevents not only arbitration but the deposition of the employees that would be crucial in the arbitration proceedings.
Now what if this Shady character worked for the guy against whom the arbitration was initiated?
4. Would you say this was a carefully orchestrated maneuver? After all $28,700 is a paltry sum compared to $18 million.
This is exactly what happened in the fascinating case of Gerald Tobin versus Michael Avenatti.
5. Avenatti's law firm was abruptly forced into bankruptcy in 2017 by a Florida man who claimed he was owed the relatively meager sum of $28,700.
That man was Gerald Tobin. www-m.cnn.com/2018/06/01/pol…
6. The Florida bankruptcy judge who handled the case expressed surprise that such a minor debt could threaten to financially topple a multi-million-dollar law firm.
7. She also questioned the timing of the filing, two days before the deadline set for Avenatti and two other firm employees to be deposed in a long-running arbitration with a former partner, who said he was owed as much as $18 million by Eagan Avenatti.
8. The involuntary bankruptcy filing by the Florida man, Gerald Tobin, was a rare and obscure legal maneuver that had the effect of freezing the arbitration proceedings with the former partner. The result was that Avenatti avoided being questioned under oath in the proceeding
9. The judge said, "it had the stench of impropriety." She referred to Tobin as a "screwy small creditor," and questioned whether he had "some relationship with the firm that would have induced a collusive filing"
10. or if Avenatti's firm "just got plain lucky that somebody filed on the eve of arbitration."
What do you think?
Well Avenatti knew Tobin. Avenatti's lawyers described Tobin as a "private investigator" who'd performed undisclosed services for Avenatti's firm
11. Tobin is a convicted felon whose rap sheet is 15 pages long and spans four decades, according to court records. He served time in prison in the early 90s and was arrested on domestic violence charges as recently as February
Source: CNN article referenced above
12. In a prepared response to questions from CNN, Avenatti wrote that he was unaware of Tobin's criminal record or that he was not a licensed private investigator. He said the firm did not check Tobin's credentials.
13. Even though Avenatti's attorneys described Tobin as a private investigator in court papers, Avenatti said the firm "did not hire him to perform private investigator services."
14. Avenatti said a non-disclosure agreement Tobin signed was "a generic NDA as part of his standard engagement letter when he was retained." Such documents are required, Avenatti said, "as a result of the sensitive nature of the work we perform, namely legal work for clients."
15. In his statement to CNN, Avenatti wrote that Tobin did "limited work as an independent contractor for a short period of time" and that a billing dispute arose "that has now been fully resolved."
16. In a brief interview with CNN outside his Orlando home, Tobin declined to say what sort of work he'd performed for Avenatti, but described it as "very mundane."
17. He said he was not a private investigator, and that it would be a stretch to describe the work he did as investigative in nature. But he said he could not discuss details of the matter because of the terms of his agreement with Avenatti's firm
18. In paper work filled following 2018 arrest for domestic violence, Tobin listed his highest level of education as a high school general equivalency diploma. He listed his job as "laborer" at a sheet metal shop. In the space for previous employment, he wrote: "Don't remember."
19. Hardly a a private investigator, more like an investigator of privates, following in the rich tradition of his erstwhile employer. Tobin claimed he was asked by Avenatti to assist in the Pulse Nightclub shooting investigation.
20. Weeks later, Tobin said, he was told the firm decided against a lawsuit and his services were no longer needed. He said he told the firm he was owed $28,700 for his work
Unable to resolve the matter, Tobin said, he decided to file an involuntary bankruptcy
21. The facts of the case are even more fascinating when you consider that Avenatti put forth Julie Swetnick only days prior to Justice Brett Kavanaugh's testimony. Just like Tobin filed bankruptcy two days prior to the deposition of Avenatti's employees.
Surely it's coincidence.
22. "If you use a colostomy bag as an umbrella, don't be surprised when the liquid flowing on your face is not rain"
(Original quote)
-fin
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