Iviewit Silicon Graphics Bankruptcy Filing to Remove Judge Martin Glenn

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Iviewit Silicon Graphics Bankruptcy Filing
to Remove Judge Martin Glenn
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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In re
GRAPHICS PROPERTIES
HOLDINGS, INC., et al.,
Debtors.
Chapter 11
Case No. 09-11701 (MG)
(Jointly Administered)
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ELIOT BERNSTEIN CLAIMANT-CREDITORS MOTION TO COMPEL THE DISQUALIFICATION OF BANKRUPTCY JUDGE GLENN AND VACATE ORDERS UNDER FEDERAL RULES OF CIVIL PROCEDURE 60, BANKRUPTCY RULE 9024 AND FOR A STAY OF PROCEEDINGS AND OTHER RELIEF IN RELATION TO ORDER SUSTAINING THE OBJECTION OF THE DEBTORS TO CLAIM OF ELIOT I. BERNSTEIN

TO THE HONORABLE MARTIN GLENN
SDNY BANKRUPTCY JUDGE:

I Eliot Bernstein, Creditor and Claimant previously filed an Emergency motion seeking injunctive and other relief in April of 2009, and filed Proof of Claim No. 225 herein, and recently moved for various relief including but not limited to an extension of time to respond to objections to my proof of claim with such objections filed by Special Counsel Ropes & Gray, motion for an adjournment of a hearing on Sept. 15, 2009 for the appointment of counsel to Eliot Bernstein, motion for the determination of conflicts of interest, and other relief now move to compel the immediate Disqualification of SDNY Bankruptcy Judge Martin Glenn, Vacating all Orders of SDNY Bankruptcy Judge Glenn in these jointly administered proceedings specifically including an Order dated September 15, 2009, and for an immediate stay of proceedings pending oversight and assignment of these proceedings to an independent and neutral Judge in accordance with due process and Rules and Codes of Conduct applicable herein.

MOTION TO COMPEL DISQUALIFICATION OF SDNY BANKRUTCY JUDGE MARTIN GLENN 28 USC 455 AND OTHER

SGI, hereinafter the Debtors, herein, filed for Ch. 11 Bankruptcy Protection on April 1, 2009 several months after emerging from a prior Ch. 11 case.

More importantly, however, is that SGI’s filing in Ch. 11 on April 1, 2009 came within 6 days of the filing of a formal SEC complaint by myself against the Intel Corporation announcing a Trillion Dollar fraud to the SEC also involving Debtors SGI as well thru a Company which was mutually owned by Intel and SGI along with Lockheed Martin called Real3d Inc of Orlando, Florida.

That company Real3d Inc. is at the heart and central of a host of investigations and complaints as well as having been under signed NDA with myself and the Iviewit technologies dating back to 1998 or so.
The alleged “sales” transactions between Intel, the Debtors SGI, and Lockheed Martin involving Real3d Inc. were expressly made a part of the Formal SEC Complaint filed on March 25, 2009, 6 days before the SGI bankruptcy on April 1, 2009.
As referenced in my Emergency Motion filed April 9, 2009, In House General Counsel for Debtors SGI Evelyn Ramirez was expressly placed on notice of the formal SEC Intel Real3d Inc and related complaint on March 25, 2009 just days before the Ch. 11 filing herein.
Despite this express notice on March 25, 2009, the April 1, 2009 Ch. 11 filing wholly failed to List the claims of Eliot Bernstein and related claims herein amounting to a Fraud in filing by SGI upon which THIS Court, SDNY Bankruptcy Judge Martin Glenn, was duly noticed.

SDNY Bankruptcy Judge Martin Glenn was further upon direct Notice as of April 9, 2009 with my Emergency filing of the existence of ongoing and open investigations involving multiple federal offices including at the USPTO where Harry Moatz, Director of the OED of the USPTO and a federal official had specifically directed me to file Fraud against the USPTO.

Further, Moatz assembled a team of patent office officials to work with myself to file to remove all former counsel from the applications and respond to outstanding issues to move the IP into a suspended status.

After review of the allegations, the Commissioner of Patents then Suspended various Patent applications herein pending investigation relating to the Trillion Dollar Technologies at issue. Inventor change forms filed to change the fraudulent inventors and certain IP that has falsified inventors were not changeable without an Act of Congress to change existing USPTO privacy policies, Senator Dianne Feinstein has been reviewing these matters, as well as, members of the House Judiciary Committee.

SDNY Bankruptcy Judge Martin Glenn was further placed on express notice of actions by the Office of Inspector General Glenn A. Fine of the US DOJ, pending matters with the OPR of the FBI and the federal whistleblower case of Christine Anderson now heading to trial in the Southern District of NY which my Amended Complaint at the US District Court was marked legally “related” to by District Court Judge Shira Scheindlin.

SDNY Bankruptcy Judge Glenn was further on direct notice that the Debtors SGI had simultaneously moved at the time of filing Ch. 11 on April 1, 2009 to simultaneously Employ as Special Counsel the law firm of Davis Polk Wardell (DPW) and Ropes and Gray, LLP by an application filed on such date by Ropes and Gray, LLP including a Declaration by William Kelly of DPW and that DPW was simultaneously representing the Lockheed Martin Corporation and SGI,

the Debtors herein, both of whom were Equity owners in Real3d Inc which was under signed NDA with my technologies and at the heart of my complaints and investigations herein.
Most shockingly, the Declaration of DPW attorney William Kelly places Mr. Kelly as an Inside Officer at SGI during ALL of the Relevant initial years of the Technologies theft with SGI and Real3d Inc. and later as Outside counsel for SGI while at DPW who simultaneously represents Lockheed Martin, the other Company with Intel at the heart of the Technology thefts with Real3dInc and violations of signed NDAs.
Thus, Clear Facial Conflicts appeared on the Records and Dockets of these proceedings certainly as of the date of my Emergency Motion filing on April 9, 2009 and thus SDNY Bankruptcy Judge Martin Glenn should be charged with knowledge of such conflicts as of at least April 9, 2009.
Additional specified conflicts made in writing prior to the Sept. 15, 2009 hearing which have been knowingly, deliberately and intentionally disregarded as part of the wall of conflicts machinery of RICO activity in legal proceedings include DPW further simultaneously representing Lockheed, SGI owners in Real3d Inc, while also simultaneously representing the Financial Accountants KPMG employed by SGI in this Ch. 11 bankruptcy while further representing other major companies under NDA with my technologies such as CIBC and Morgan Stanley creating conflict within conflict herein.
It is noted for Historical reference at this time that the Formal SEC complaint filed in March of 2009 expressly referenced failures to follow FASB No. 5 and similar Accounting Rules in this Trillion dollar fraud. As of the filing of my Emergency Motion on April 9, 2009, the Nation ( United States ) has heard almost daily reports of Financial Fraud and related investigations after the collapse of Wall Street, the $65 Billion plus Madoff fraud, and $8Billion Stanford fraud and more while Davis Polk Wardell simultaneously represents multiple players in the Wall Street debacle and most interestingly Recruited and Hired back to DPW former head of Enforcement at the SEC Linda Chatman Thomsen who left the SEC under fire for the failures that lead to the $65Billion Madoff fraud. Such facts involving the Madoff and SEC and Linda Chatman Thomsen matter were of such public knowledge that SDNY Bankruptcy Judge Martin Glenn should be presumed to have taken judicial notice herein. Published sources claim that Linda Thomsen was recruited back to DPW in April 2009 shortly after my filings herein.
Many threads tie together several of these financial schemes with the Iviewit technologies and companies, including Madoff, Dreier and Stanford, as pled in my federal RICO case, fully incorporated herein by reference, US 2nd Circ. Docket No. ( 08-4873-cv ) Bernstein, et al. v Appellate Division First Department Disciplinary Committee, et al. and USDC SDNY Docket No. ( 07cv11196 ) Bernstein, et al. v Appellate Division First Department Disciplinary Committee, et al.

FUNDAMENTAL NOTIONS OF DUE PROCESS REQUIRE
INDEPENDENT AND NEUTRAL JUDGE

As noted by the US 7th Circuit Court of Appeals in an appeal of a case coming out of Operation Greylord, a massive FBI investigation into Judicial corruption in Cook County of Illinois, the United States Supreme Court “has observed that “[a] fair trial in a fair tribunal is a basic requirement of due process.” In re Murchison, 349 U.S. 133, 136, 75 S.Ct. 623, 99 L.Ed. 942 (1955); see also McBride, 428 F.3d at 667 (”Fairness of course requires an absence of actual bias in the trial of cases …”).” See, Guest v McCann, http://ftp.resource.org/courts.gov/c/F3/474/474.F3d.926.04-3736.html .
28 USC 455 provides in part as follows: “(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
Disqualification is thus mandatory and shall be compelled where “impartiality might reasonably be questioned”.
SDNY Bankruptcy Judge Glenn is required under the federal Rules of Judicial Conduct as follows:
“CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES
A. Respect for Law. A judge should respect and comply with the law and should act at all
times in a manner that promotes public confidence in the integrity and impartiality of the

judiciary. . . . . . . . . . . . . . . . . . ""

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Question: How Do you Deal with a Trillion Dollar Patent Theft and Billions upon Billions of Liability to Shareholders and States?

Answer: Ignore it and Hope it Just Goes Away.

More on the Iviewit Trillion Dollar Patent Theft at
www.Iviewit.TV and www.DeniedPatent.com

Crystal L. Cox
Investigative Blogger

Patent Theft Common Themes

In these Multi-Million Dollar Patent Theft Crimes it seems that there is Common Themes, the Florida Justice System Being One, the Fraud Easily Committed on the US Bankruptcy Courts another and the Use of Corrupt Attorneys - Corrupt Judges to Somehow Cover Up these Crimes for those who are Well Connected, Owed Favors, Have Billions, or have some Political Pull.

Continued Culture of Conflict and Corruption of Ethics Rules and Law

"Continued Culture of Conflict and Corruption of Ethics Rules and Law Appearing in a Sothern District of New York Bankruptcy Court with Major Law Firm Davis Polk Wardell and others This Committee should take Notice of continued conflicts within the operation of Attorneys regulated in New York now appearing in the Southern District of NY Bankruptcy Court here in Manhattan in a recent Ch. 11 proceeding filed by Silicon Graphics Inc (SGI ) on April 1, 2009 where the Davis Polk Wardell firm simultaneously represents 2 of the 3 Equity partners who owned Real3d, representing Lockheed Martin and Debtor in Bankruptcy Silicon Graphics Inc while also representing the KPMG Accountants for Silicon Graphics who prepared the financials in the second Ch. 11 filing for SGI. Davis Polk Wardell also is simultaneously representing CIBC, Credit Suisse, Morgan Stanley, Deutsche Telekom and others under Signed NDA with the Iviewit companies and me.

Real3d Inc, of course, is the company at the center and heart of the Iviewit Technology thefts as related above herein involving Intel, Lockheed Martin and Silicon Graphics owning Real3d where the Technologies were tested and used by Real3d Engineers who deemed them “priceless” while under Non Disclosure Agreements, Licensing Agreements and Strategic Alliance Agreements with Iviewit and me personally initially.

To bring the Conflicts into clear focus, the SGI Ch.11 Bankruptcy was filed just months after coming out of an earlier Ch. 11 protection proceeding and most importantly just 6 DAYS AFTER SGI In House Counsel Evelyn Ramirez was placed on express Notice of a Formal SEC Complaint that I had filed against the Intel Corporation announcing a possible and alleged Multi-Trillion Dollar Accounting Scandal to the SEC for Intel’s failures to report to shareholder in their annual report, Intel
the fact that they are named Defendants in ongoing litigation with certain risks requiring reporting as liability. Further, for their failure to properly account for the misappropriated royalties and costs of knowing infringement whereby reporting those liabilities is also required under FASB No. 5 and related accounting Standards14, also involving Intel and the Sales Transactions of Real3d involving both SGI and Lockheed Martin SEC Complaints were filed.

Thus, not only did SGI file this Ch. 11 protection just 6 days after official notice of involvement in a Multi-Trillion Dollar Lawsuit and accounting scandal thru Real3d Inc, but also the filing comes a few months after SGI had published information in business articles on the web painting a rosy financial picture of the company.

What the SGI Bankruptcy Filings in the Southern District of New York show is that Davis Polk Wardell lawyers are intimately at the Heart of SGI during all of the initial years of the Theft of my Technologies while at Real3d during 1998 while simultaneously DPW is representing Lockheed Martin, 2 of the 3 Equity partners in Real3d Inc where ALL of the Sales transactions are now in question.

To further complicate matters and add another layer of conflict, DPW represents the very Accountants KPMG that SGI is using in the sudden second Ch. 11 bankruptcy filing when one of the very issues at hand is that an Accounting fraud has occurred thus placing Accountants for SGI in Conflict with SGI and Lockheed YET DPW attorneys have remained to Shield and Block due process against all in blatant violation of Attorney Disciplinary Standards for representation of multiple interests and being Witnesses in litigation since officers inside SGI and Lockheed would have to discuss what was informed to the Accountants KPMG and what KPMG knows and more.

Thus, the hearing of any of these Contested Factual issues in the Southern District Bankruptcy Court or any tribunal, commission, authority or agency or other court necessarily forces the Conflicts to be addressed as multiple interests can not be represented by the same law firm yet such Culture of Ethics corruption in New York has allowed these conflicts to continue creating a wall of Title 18 Obstruction of Justice that prevents fair and due process in multiple proceedings since DPW has been permitted to represent 2 Equity partners simultaneously and accountants for an Equity partner where the various parties could otherwise proffer separate and independent statements, evidence, etc. but for the conflicts being permitted to continue.

Shockingly, despite having filed a Formal SEC Complaint against the third Equity partner of Real3d , the Intel Corporation and requesting an investigation of the Sales Transactions involving Real3d, SGI, Lockheed and Intel and alleging a possible Multi-Count, Multi-Trillion Dollar Accounting Fraud for infringement of my technologies and FASB No. 5 and other FASB violations, DPW continues on simultaneously representing multiple interests simultaneously before SDNY Judge Martin Glenn who has deliberately refused to even mention the Conflicts in Bankruptcy proceedings despite multiple oral and written requests to resolve such conflicts leading to a formal request for mandatory disqualification of SDNY Bankruptcy Judge Martin Glenn and oversight of the Bankruptcy judge and investigation for Title 18 obstruction and related charges.

I note for this Committee that according to published sources, the law firm Davis Polk Wardell recruited Linda Chatman Thomsen back to the firm on April 13, 2009 who was the former SEC Head of Enforcement who was ousted at the SEC over the $65 Billion Madoff Ponzi scheme failures.

I also point out to this Committee that April 13, 2009 was only 4 days after I filed an Emergency Motion in the SDNY Bankruptcy Court in the Silicon Graphics Matters on April 9 2009 referencing my Twelve Trillion Dollar alleged Accounting Fraud to the SEC against Intel.

More notably, the SGI Ch. 11 filing came on April 1, 2009 just 6 days after SGI received actual notice of my SEC Complaint against Intel involving Real3d and In House General Counsel Ramirez at SGI had notice of this complaint in the days before the sudden filing by SGI after just emerging from Ch. 11 bankruptcy protection months before and after previously disseminating a rosy financial picture for SGI until my SEC Complaint was filed.

What should be remarkable to this Committee and should have been addressed by SDNY Bankruptcy Judge Glenn upon the filing of my Emergency Motion on April 9, 2009 is that SGI paid out huge sums of monies, in the millions, to former Equity partner in Real3d Inc Intel, to Davis Polk Wardell, to a law firm called Ropes & Gray who represents SGI in the SDNY Bankruptcy along with DPW and who interestingly has Video and Digital related Patents in their names and have refused to officially affirm or disaffirm conflicts in the proceedings, and other large payments to the law firm Sullivan and Cromwell who is currently Joined as Co-Counsel with Proskauer in another SDNY District Court case involving the MPEG Patent Pool, creating an incestuous circle of intertwined conflict.

I note that my Technologies were under Signed NDA with hundreds of companies including Fortune 1000 companies and major industry players such as Credit Suisse, Deutsche Telekom, Comcast, Warner Brothers, AOL – Time Warner, Sony Digital Pictures, Kodak, Wachovia, AT&T and a host of others and that major wall street interests are impacted by these matters thus rendering the work of any future Task Force of this Committee and the work of the Committee monumental for both its impacts upon the financial markets and fundamental to maintain fair and impartial due process and the fair administration of justice within the NYS Courts and NY Bar.

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Bankruptcy Corruption - Fraud

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