IMPORTACIONES GAMBOA S.A. (IMGASA) TEL FAX PAGINA WEB

Transcription

1 IMPORTACIONES GAMBOA S.A. (IMGASA) TEL FAX PAGINA WEB CORREO ELECTRONICO VIA FEDEX WITH TRACKING Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois One Prudential Plaza 130 East Randolph Drive Chicago, IL May 5, 2014 Attn.: Ms. Althea K. Welsh, Senior Counsel In. Re.: Request for Disciplinary Commission Notice of Evidence of Violations of Rule 3.3 Candor Toward the Tribunal, of the Illinois Rules of Professional Conduct; In the Matter Of Request for Investigation of Attorney Michael L. Blumenthal, Case No. 2014IN01665 and David J. Piell, Case No. 2013IN05031 To Wit: False Claims of Client Benjamin Tyler Tiberius and Plaintiff Advanced Tactical Ordnance Systems LLC of Lawful Business Activities in Lawsuit Pleadings Not Disclosed to the United States District Court For the Northern District of Indiana at Fort Wayne Dear Senior Counsel Althea K. Welsh: We are writing to respectfully request that the Disciplinary Commission take Notice that in our company s Requests for Investigations that we provided Evidence of Attorney Michael L. Blumenthal s violation of Rule 3.3 in his submission to the US District Court, and Attorney David J. Piell s violation of Rule 3.3 in his submission to the US District Court. We further respectfully request that the Disciplinary Commission take Notice that the enclosed report to the Chief Judge of the US District Court for the Northern District of Indiana (previously provided on a DVD) contains public records, independently verifiable and outside the possibility of manipulation or forgery by Importaciones Gamboa, S.A., or anyone complained about. THE RULE FOR WHICH EVIDENCE HAS BEEN SUBMITTED RULE 3.3 Candor Toward the Tribunal (a) A lawyer shall not knowingly:

2 IMPORTACIONES GAMBOA S.A. (IMGASA) TEL FAX PAGINA WEB CORREO ELECTRONICO (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; * * * * (3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. * * * * (b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding, shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. * * * * EVIDENCE OF THE CRIMINAL NATURE OF THE BUSINESS ENTERPRISE ATTORNEYS MICHAEL L. BLUMENTHAL AND DAVID J. PIELL REPRESENT AS CONTAINED IN THE REPORT TO THE CHIEF JUDGE TAB 1 is evidence that Advanced Tactical Ordnance Systems LLC (ATO) made sales under the closed PepperBall Technologies Incorporated (PTI) GSA Advantage contract that Karen Buchholz fraudulently renewed in anticipation of PTI s closure. The ATO fraud started making sales posing as the defunct PTI on January 11, The fraud uses the cancelled DUNS number, Tax ID Number, former address and phone numbers, etc. of PTI to make price gouging no bid sole source sales to unsuspecting government buyers. TAB 4 is a self-contained explanation of the ATO fraud s credit card fraud against Javier Gamboa Calderon, Commercial Director of our business in Costa Rica. The fraud still uses the credit card merchant account of the defunct PTI. TAB 7 is just one example of who knows how many of wire frauds have taken place against local law enforcement agencies. There is no telling how many letters Karen Buchholz has faxed to Purchasing Directors on the defunct PTI s letterhead, to convince the agency to make a no bid sole source purchase from ATO. TAB 8 is the fraudulent registration of the defunct PTI in the SAM System to allow imposter sales to continue after the SAM System replaced the GSA Advantage System. The second page shows who did it, and the third page shows that the ATO fraud had to use the information of the closed PTI to get into the system. The last pages are the sales contracts on since the new system started to be deceived.

3 IMPORTACIONES GAMBOA S.A. (IMGASA) TEL FAX PAGINA WEB CORREO ELECTRONICO Based upon the evidence in the public record Advanced Tactical Ordnance Systems LLC is a continuous criminal enterprise and Benjamin Tyler Tiberius is the owner of ATO. In the litigation at TAB 5 of the report to the Chief Judge, Attorneys Blumenthal and Piell present their client as a legitimate business enterprise seeking relief. However, Attorneys Blumenthal and Piell are now well aware that their client is legally no different than the Mafia, yet they fail to notify the Court as required by Rule 3.3(b). Please to the undersigned any response of the Commission to cedwards@imgasa.com. Respectfully submitted, Christopher M. Edwards Importaciones Gamboa, S.A. Heredia, Costa Rica cc: Via Facsimile Sans Report to the Chief Judge Attorney Ulrika E. Mattsson at McDermott, Will and Emery LLP Attorney Jennifer M. Mikulina at McDermott, Will and Emery LLP Attorneys David J. Piell, Stephen R. Snyder, and Michael L. Blumenthal

4 ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION of the SUPREME COURT OF ILLINOIS REQUEST FOR INVESTIGATION Use this form to request an investigation of: 1) an Illinois lawyer; 2) a non-illinois lawyer who has provided legal services in Illinois; or 3) a non-lawyer who you are claiming has engaged in the unauthorized practice of law in Illinois. Return the completed form by mail or facsimile to: ARDC 130 E. Randolph Dr., Ste Chicago, IL Phone: (312) or (800) Fax: (312) Your name: or ARDC 3161 W. White Oaks Dr., Ste. 301 Springfield, IL Phone: (217) or (800) Fax: (217) Christopher M. Edwards as Director of Marketing for Importaciones Gamboa, S.A. Street address: Apdo. Postal City: Heredia, Costa Rica Home phone: State: Province - Heredia No land line Zip: Postal Code Work phone: Cell phone: address: cedwards@imgasa.com For Messages USA Skype NOTE - Please write to Costa Rica but copy me via . I need to update law enforcement quickly. 2. Name of lawyer/person you want to be investigated: Attorney David Joshua Piell Name of law firm or business: David J. Piell, Esq. Street address: 1431 McHenry Road, Ste. 213 City: Buffalo Grove State: Illinois Zip: Phone: Have you previously contacted the ARDC regarding this matter? Yes X No If yes, when and how did you contact us? We complained in 2013 about a fraud in Costa Rica before we learned that the bid rigging scheme in CR was just a part of an entire criminal enterprise in the USA. X Yes No 4. Did you employ the lawyer/person you are complaining about: 4a. If you answered yes to question 4: When did the employment start? What was the fee agreement? How much have you paid the lawyer/person to date? over

5 4b. If you answered no to question 4 what is your connection to the lawyer/person? This attorney provides legal services to a continuous criminal enterprise in Indiana known as Advanced Tactical Ordnance Systems LLC. We are a whistleblower of a scheme to defraud the United States. Details below. 5. If your request relates to a court case or other proceeding, please provide the following: Name of court or agency: US District Court for the Northern District of Indiana at Fort Wayne Name of case: ADVANCED TACTICAL ORDNANCE SYSTEMS LLC vs. REAL ACTION PAINTBALL Case number: 1:12-cv JVB-RBC Attorney David J. Piell is admitted Pro Hac Vice in the lawsuit. Please see the attached Declaration. Please explain your complaint(s). Include important dates and names of witnesses and others involved. 6. Use additional pages if necessary. Attach copies of documents that support your complaint, such as fee agreements, receipts, checks, letters and court papers. Please review the enclosed Whistleblower Report and Criminal Complaint of Fraud Against the Administration of Justice of the United States Federal Courts. This attorney provides legal services to a continuous criminal enterprise. Please see details in paragraphs 1 and 2 of page 1. Please see paragraphs 4 and 5 on pages 1 and 2 for how you can verify the criminal activity disclosed by the Whistleblower Report and the law enforcement agencies you can contact to verify the criminal investigations that are underway. A DVD is enclosed with PDF files of our research to date. Please see the enclosed to all attorneys who have provided legal services to the criminal cabal. There are 8 Illinois attorneys for which we are submitting a Request For Investigation. Each attorney had an understanding of their client's business at the time the very first services were rendered. Each attorney subsequently learned more as a direct result of our company communicating directly with them or copying them on Whistleblower Reports, Criminal Complaints, or Notices to 3rd Parties. Some attorneys only recently became involved and would understandably be concerned that they were mislead by their client as to the criminal nature of their business. Other attorneys, in our opinion, are clearly co-conspirators profiting from the fraudulent sales of items. At this point in time all attorneys know that Advanced Tactical Ordnance Systems LLC is a criminal enterprise. The questions are thus: (1) What did this attorney know about his client's business in the beginning?, (2) What does this attorney now believe is the nature of his client's business?, and (3) What is he or she going to do in the future? SPECIFIC PDF FILES RELATED TO THIS ATTORNEY ARE LISTED BELOW: FOLDERS: ++Whistleblower Reports and Criminal Complaints; Complaints Against Attorneys Involved PDF FILES: WBR Fraud On Admin of Justice; Scanned Detailed Report GSA DHS and Tower Bank NA; Scanned Final Joint Addendum for Complaint of Attorney Misconduct April 11, 2014 Signature: Date:

6 case 1:12-cv JVB-RBC document filed 11/02/12 page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION ADVANCED TACTICAL ORDNANCE ) SYSTEMS, LLC an Indiana Limited ) Liability Company (d/b/a PepperBall ) No. 1:12-CV-296-JVB-RBC Technologies) ) ) Plaintiff, ) ) vs. ) ) REAL ACTION PAINTBALL, INC, a ) California Corporation, K.T. TRAN, ) individually, CONRAD SUN, individually, ) CONRAD SUN, LLC a California Limited ) Liability Company, TRACS PACIFIC CORP., ) a California Corporation, TRACS PACIFIC HK, ) INC., a California Corporation, ) and John Does 1-5 ) Declaration of David Piell Pursuant to 28 U.S.C. 1746, the undersigned David Piell declares: 1. That your Declarant is an adult of legal age, competent to testify and has personal knowledge of the facts set forth herein as well as those set forth in the motion and surreply filed herein. 2. That if called to testify I would competently testify as follows: 3. That I am an attorney for the Plaintiff in the above-entitled cause. 4. I was in California from October 26-28, 2012 for a family function. 5. Upon landing in California on October 26, 2012, I rented a car and proceeded to drive to San Jose, California. 6. I arrived at Defendant RAP4 s San Jose, CA facility around 1:00 p.m. (EST). 7. Based on the prior difficulties with Defendants counsel complying with this 1

7 case 1:12-cv JVB-RBC document filed 11/02/12 page 2 of 4 Court s orders, I decided it would be prudent to make sure Judge Cosbey was available to handle any disputes over Plaintiff s right to inspect and inventory the infringing projectiles, as well as review the invoices that RAP4 s attorney claimed were only available in paper in San Jose, CA. 8. After verifying Judge Cosbey s availability, I went into RAP4 s offices and asked to speak with Defendant Tran. 9. Within half an hour of arriving at RAP4 s facility (most of which was spent waiting to see Tran), I met Tran and informed him that I was there to inspect the projectiles and the pallet of paper invoices that Defendants counsel had told the Plaintiff s counsel RAP4 had in its possession. A true and correct copy of that is attached as Exhibit B. 10. Tran immediately stated that he was unaware of the pallet of invoices I was referring to, that I should discuss the pallet of invoices with his attorney, and that it would take about an hour to ninety minutes before I could inspect the projectiles because all of the warehouse personnel were at lunch. 11. I informed Tran that he should call his attorney if he wanted to, and that I would be working in my car until the projectiles were ready to be inspected. 12. Upon returning to my vehicle, I called Defendants counsel s office and informed Overhauser s assistant (Ms. Hutchison) that I was at RAP4 s facility in San Jose, and that if Paul Overhauser wanted to object to my inspection, Judge Cosbey was available to resolve the dispute. Ms. Hutchison assured me that I would hear back from her or Overhauser within fifteen (15) minutes. 13. After about another fifteen (15) to thirty (30) minutes, Omar Macy came to my vehicle and informed me that I would be given access to the projectiles after the warehouse personnel finished lunch. Mr. Macy informed me that RAP4 was having a company-wide 2

8 case 1:12-cv JVB-RBC document filed 11/02/12 page 3 of 4 luncheon/picnic in front of RAP4 s office, and that it was expected to take another sixty (60) to ninety (90) minutes. 14. After roughly ninety (90) minutes had passed, and I had observed RAP4 s personnel resume work, I went back into RAP4 s offices to obtain access to the projectiles. 15. After another lengthy wait, Tran walked through RAP4 s lobby/store area, and appeared genuinely surprised to see me still sitting there. Tran proceeded to ask if Overhauser had called me. 16. Upon Tran learning that Overhauser had not called me, Tran called Overhauser on his cell phone, which Tran proceed to hand me. Overhauser then stated that no inspection would be allowed without forty-eight hours prior notice. 17. Upon making this statement, I accused Overhauser of waiting until after the Court had closed to announce that he was instructing his client to deny me access to the projectiles. 18. Overhauser did not deny my accusation. 19. I then asked Overhauser for a legitimate reason Overhauser needed forty-eight hours notice. Overhauser provided none. I told Overhauser that there was no legitimate reason to delay the inspection and that both of us were aware that the reason he wanted the inspection delayed is so that his client could conceal the evidence that it was violating the TRO and had not complied with Judge Cosbey s discovery orders. 20. I informed Overhauser that Plaintiff would be seeking to hold Overhauser in contempt because Tran had informed me that he was denying me access to the projectiles based on Overhauser s instructions. 21. Despite it now being after 6:00 p.m. (EST), I never the less tried to reach Judge Cosbey s case manager (Ms. Renz) to see if Judge Cosbey was still available. Understandably, I 3

9 case 1:12-cv JVB-RBC document filed 11/02/12 page 4 of 4 was unable to reach Ms. Renz at 6:00 p.m. on Friday. 22. After giving Overhauser additional time to think about his position, and prior to leaving San Jose; I called Overhauser on his cell phone (which I had just spoken to Overhauser on) to give him another opportunity to change his mind or to provide a legitimate reason for denying me access to the quarantined projectiles. Overhauser did not return my call. 23. The reason for my inspection not being announced prior to arrival was to prevent RAP4/Tran from concealing evidence that they had violated the Temporary Restraining Order. The last time I had attempted to inspect and inventory the quarantined shells, RAP4 prevented an inventory from occurring by sealing the projectiles on two pallets in the back of its warehouse. Further, given that the Plaintiff has evidence of RAP4/Tran violating the Temporary Restraining Order (See Docs ), I did not want to give RAP4 time to conceal their efforts to make minimal changes to the projectiles as part of an effort to claim they were not covered by the Temporary Restraining Order. Further declarant sayeth not. Executed: November 2, /s/ David J. Piell DAVID J. PIELL, ESQ McHenry Road, Suite 213 Buffalo Grove, IL (847) (847) (fax) davidpiell@sbcglobal.net 4

10 ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION of the SUPREME COURT OF ILLINOIS REQUEST FOR INVESTIGATION Use this form to request an investigation of: 1) an Illinois lawyer; 2) a non-illinois lawyer who has provided legal services in Illinois; or 3) a non-lawyer who you are claiming has engaged in the unauthorized practice of law in Illinois. Return the completed form by mail or facsimile to: ARDC 130 E. Randolph Dr., Ste Chicago, IL Phone: (312) or (800) Fax: (312) Your name: or ARDC 3161 W. White Oaks Dr., Ste. 301 Springfield, IL Phone: (217) or (800) Fax: (217) Christopher M. Edwards as Director of Marketing for Importaciones Gamboa, S.A. Street address: Apdo. Postal City: Heredia, Costa Rica Home phone: State: Province - Heredia No land line Zip: Postal Code Work phone: Cell phone: address: cedwards@imgasa.com For Messages USA Skype NOTE - Please write to Costa Rica but copy me via . I need to update law enforcement quickly. 2. Name of lawyer/person you want to be investigated: Attorney Michael L. Blumenthal Name of law firm or business: Milton M. Blumenthal & Associates Street address: 105 W. Madison St., Suite 1004 City: Chicago State: Illinois Zip: Phone: Have you previously contacted the ARDC regarding this matter? Yes X No If yes, when and how did you contact us? We complained in 2013 about a fraud in Costa Rica before we learned that the bid rigging scheme in CR was just a part of an entire criminal enterprise in the USA. X Yes No 4. Did you employ the lawyer/person you are complaining about: 4a. If you answered yes to question 4: When did the employment start? What was the fee agreement? How much have you paid the lawyer/person to date? over

11 4b. If you answered no to question 4 what is your connection to the lawyer/person? This attorney provides legal services to a continuous criminal enterprise in Indiana known as Advanced Tactical Ordnance Systems LLC. We are a whistleblower of a scheme to defraud the United States. Details below. 5. If your request relates to a court case or other proceeding, please provide the following: Name of court or agency: US District Court for the Northern District of Indiana at Fort Wayne Name of case: ADVANCED TACTICAL ORDNANCE SYSTEMS LLC vs. REAL ACTION PAINTBALL Case number: 6. 1:12-cv JVB-RBC Please explain your complaint(s). Include important dates and names of witnesses and others involved. Use additional pages if necessary. Attach copies of documents that support your complaint, such as fee agreements, receipts, checks, letters and court papers. Please review the enclosed Whistleblower Report and Criminal Complaint of Fraud Against the Administration of Justice of the United States Federal Courts. This attorney provides legal services to a continuous criminal enterprise. Please see details in paragraphs 1 and 2 of page 1. Please see paragraphs 4 and 5 on pages 1 and 2 for how you can verify the criminal activity disclosed by the Whistleblower Report and the law enforcement agencies you can contact to verify the criminal investigations that are underway. A DVD is enclosed with PDF files of our research to date. Please see the enclosed to all attorneys who have provided legal services to the criminal cabal. There are 8 Illinois attorneys for which we are submitting a Request For Investigation. Each attorney had an understanding of their client's business at the time the very first services were rendered. Each attorney subsequently learned more as a direct result of our company communicating directly with them or copying them on Whistleblower Reports, Criminal Complaints, or Notices to 3rd Parties. Some attorneys only recently became involved and would understandably be concerned that they were mislead by their client as to the criminal nature of their business. Other attorneys, in our opinion, are clearly co-conspirators profiting from the fraudulent sales of items. At this point in time all attorneys know that Advanced Tactical Ordnance Systems LLC is a criminal enterprise. The questions are thus: (1) What did this attorney know about his client's business in the beginning?, (2) What does this attorney now believe is the nature of his client's business?, and (3) What is he or she going to do in the future? SPECIFIC PDF FILES RELATED TO THIS ATTORNEY ARE LISTED BELOW: FOLDERS: ++Whistleblower Reports and Criminal Complaints; Complaints Against Attorneys Involved PDF FILES: WBR Fraud On Admin of Justice; Scanned Detailed Report GSA DHS and Tower Bank NA; Scanned Final Joint Addendum for Complaint of Attorney Misconduct April 11, 2014 Signature: Date: