NY Senate Judiciary Committee Prepared Statement Of Eliot Ivan Bernstein - Exposing High Levels of Corruption - a Great Read.

"Introduction:

Hello and let me thank all of you for the opportunity to tell my most compelling story that involves a widespread corruption in the New York Courts and New York investigatory bodies that have utterly failed in their civic duties to protect my rights and in fact have become the actual Nemesis’ that block my rights.

My name is Eliot I. Bernstein and I reside in Boca Raton Florida and flew here to NY for the first hearings on June 8, 2009, and was prepared to address the Committee until the sudden Coup cancelled the remainder of the calendar prior to me speaking.

I have traveled here while under a medical treatment program to tell you about the saga of my companies I-View-It in what has earned the moniker “PatentGate” and its relation to the Whistleblower case of Christine C. Anderson involving the Courts of New York and more. I remind all of you of the Conflict of Interest disclosure forms I have sent to this Committee and request that any/all conflicts be appropriately disclosed during these hearings or immediately hereafter.

I am 12 years husband to my lovely wife Candice, father of 3 beautiful sons, Joshua Ennio Zander, Jacob Noah Archie & Daniel Elijsha Abe Ottomo and an Inventor of the “Iviewit” Technologies involving video and image compression commonly referred to as mathematical scaling formulas, now used on virtually all digital imaging and video devices. Examples of the uses:

The Hubble Space Telescope ( providing views into the universe and time like never before seen, my fav!!! ),
All Internet Service providers hosting video,
All computers and televisions playing video, DVD’s HDDVD’s, etc.
All graphics chips
All Digital Television & Cable Service Providers,
Digital Video Hardware – Televisions, camera’s, etc.
Mass of Defense Applications such as space and flight simulators, missile and drone guidance systems, etc.
Medical Imaging devices,
GPS Mapping Programs, such as Google used for zooming from space to locations on earth with crystal clarity
YouTube, Hulu, etc.
Microsoft Media, Real Video, QuickTime Video


My technologies are the subject of a Multi-Count (12) Multi-Trillion Dollar, Yes, Twelve Trillion Dollar Federal RICO Lawsuit4 in Federal Court here in New York State.

The Lawsuit results from Theft, Fraud, and other Wrongful actions committed against my companies, shareholders and investors, including Death Threats and an Attempted Murder by my formerly trusted accountants and attorneys.

Yes, Death Threats by Brian Utley to shut up about what was discovered or else, emphasizing the powerful Law Firms ability to destroy me.

YES, an Attempted Murder against my family by way of a Car Bombing of our family MiniVan in Boynton Beach Florida, not in Iraq, as my lovely wife Candice and I were preparing papers to file in court against the perpetrators.

Thus, please note the Seriousness of the claims here, as Attempted Murder is a very serious charge. Full pictorial evidence of the Car Bombing that was strong enough to take out three others cars next to mine found @ www.iviewit.tv .

After a Car Bombing, you may think the safety of my family and children is my number one concern, but it is not, stopping the Disgusting Corruption plaguing the Courts and the Country before it harms more people is my priority, as leaving this fight to our children and future inventors by burying my head in the sand IS NOT AN OPTION.

Paving the way for their future is dependent on our successes at fighting the corruption within our own legal system that stands as one the greatest threats to their futures.

Take note that behind almost all of the crimes committed in the United States of late, whether War, Torture or Fraudulent Financial Market Manipulations there have been no Regulations, Regulators or Laws Protecting the Citizens.

The crimes have been committed and allowed by those in the legal profession, whom were entrusted with protecting the People through laws, whom now think they are above the law and act outside law. This lawlessness has tarnished our world reputation, killed innocent soldiers, created a mass of war causalities and have caused a worldwide economic terrorist attack on home loans, banks, insurance companies, investment banks and more by those running our financial markets and those regulating them, mostly attorneys, all who were to be guarding the henhouse.

The crimes to steal my Inventions were similarly committed by my trusted lawyers and accountants, retained to protect my inventions and who instead fraudulently filed my inventions in others names, including the patent attorneys, one patent attorney from Yonkers, Raymond Anthony Joao, putting 90+ patents into his own name5.

Joao, placing the Patents in his name while retained
by my companies and after employ by my companies.

Yes, a patent attorney patenting his client’s inventions in his own name, who it appears became more inventive than Thomas Edison after meeting me. In fact, I reference an Iviewit filing of Joao’s, back in the 1900’s6 for my companies inventions as the fax header provided on the official patent office filing is dated both in the 1900’s and 2020’s and I submit the Certified Copy from the Patent Office to this body, in the Exhibit & Linkage Section provided in my Prepared Statement submitted to this body herein.

It should also be noted here, that information surfaced from another Florida Businessman, one of Florida’s Leading Business individuals, Monte Friedkin, that these very same criminals disguised as attorneys from Proskauer Rose LLP ( Proskauer ) and Foley & Lardner LLP ( Foley ), had in fact pulled a similar attempted heist of his intellectual properties. The attempted theft from Friedkin occurring immediately prior to these same attorneys preying upon my companies, exhibiting an alleged criminal enterprise cloaked as law firms and lawyers.

This was the basis for filing a RICO against the entities comprising the criminal enterprise as it was learned that several law firms, lawyers and others involved in the Friedkin attempted theft and my own were working together to commit these crimes.

Learning later that these powerfully connected law firms and lawyers penetrated deep within the United States Patent Office and other government agencies and that part of the criminal enterprise operates to block due process of any victims that may challenge them. Being that they have legal degrees, these attorneys can infiltrate courts and investigatory agencies to block complaints against them.

Infiltration similar to what the Whistleblower, Christine Anderson has previously testified to this Committee about regarding Obstruction of Justice for “favored lawyers and law firms” within the First Department, Document Destruction, Coercion and Physical Assault on those insiders not willing to go along with the crimes within the New York Supreme Courts. In fact, Anderson in her original Lawsuit mentions the Iviewit Companies as one of the reasons, due to complaints filed against the Chief Counsel and others leading to physical abuse and other crimes against her.

New Whistleblowers from within the same department have surfaced and have been deposed in Anderson, confirming allegations of corruption in the New York Supreme Court.

In fact, my federal Twelve Trillion Dollar Lawsuit was marked Legally “Related” by Federal District Court Judge Shira Scheindlin to the federal Whistleblower case of NYS Court Insider Christine C. Anderson who worked as a Principal Attorney at the Department Discipline Committee in the NYS First Department Appellate Division. As you should be aware, the Anderson Whistleblower case now slated for a public trial currently scheduled for Oct. 13, 2009.

History relevant to the First Department Appellate Division, the NYS Courts System and State of New York:

Multiple attorneys regulated by the Courts of New York and specifically the NYS First Department have been involved in the Iviewit matters for nearly 10 or more years going back to 1998 when my Technologies were first being tested, used and in the process of securing Patents and related Intellectual Property rights to protect the technologies.

The Technologies were tested and used at the Real3d Inc labs located on Lockheed Martin property in Orlando Florida. Real3d at the time owned by Lockheed, the Intel Corporation and Silicon Graphics Inc. Real3d’s history in the graphics industry goes back to the Apollo Lunar space projects and whereby they own most of the essential intellectual properties relating to 3D imaging and video since that time. Leading Engineers at Real3d, Intel and Lockheed who tested and used my technologies deemed them as “Priceless”, of course all of these actions were under Non-Disclosure and other Strategic Alliance and Licensing Agreements.

Hassan Miah, an industry expert who headed the Creative Arts Agency ( CAA ) / Intel Multimedia Lab, which is accredited for taking the Internet from a text based medium to one with multimedia for the public Internet, upon first learning of the technologies, opined on them calling them “Holy Grail” of the Digital Imaging and Video world, favorable comments came from hundred of companies, many Fortune 500’s later under NDA, etc. Real 3d, then became the first strategic alliance partner of the Iviewit companies.

At the time, in the late 90’s rich media for the Internet consisted of simple banner ads and very small grainy images due to the bandwidth limitations even on high speeds, that playing video was like trying to suck and elephant thru a straw.

Internet Video was so bad due to bandwidth constraints that there was no practical or commercial use for it at the time. In fact, Microsoft’s Bill Gates, prior to learning of my inventions, was so aghast with the video quality ( postage sized, grainy, low frame-rate, herky-jerky and out of synch with the audio ) that he did not want it even associated with his operating system, so that he gave Robert Glazer who headed his media department at the time, all of the media technologies to take and start his own company, Real Media which started with the Real Media Player that had limited use but to Geeks was definitely cool.

The search for, full screen, full frame-rate, low bandwidth quality video and imaging was deemed the search for the “Holy Grail” as all prior attempts by leading engineers and institutions worldwide had failed and given up due to the mathematical impossibilities.

Thus, my Inventions are “Backbone” in nature to the Internet and All Forms of Digital Imaging and Video today, providing the mathematical scaling formulae that permit scaling and compression of video and solving for pixel distortion on images.

The technologies reduced the amount of bandwidth necessary to create digital video, to process video, to transmit the video, to store the video and to display the video by an unprecedented 75% Percent savings over past technologies in all of these areas that now make up the digital imaging and video that is part of your everyday lives. Now please just think of what this meant 10 years ago at the time of discovery, as today the technologies are so prevalent in everyday life as to make one think they have been here forever.

Due to the ability to transmit video in 75% smaller packages using the technologies, much lower bandwidths became viable for video, therefore the technologies opened the door for brand new markets such as Cell Phone Video, Internet Video and Video Conferencing through the Internet, all previously thought to be impossible 10 years ago, all non-existent then.

The effect the technologies had on Video for Television distribution due to the bandwidth savings over the prior method of interlacing video, used since the invention of Television, essentially permitted 75% More Channels on Television, Yes your cable channels increased at the time by a WHOPPING 75%.

The channel increase yielding more; Cub and Yankees games, Mets games, Soccer games, City Festival shows, Educational programs, Nature programs, Children programs, whatever the imagination and market desired and paving the way for ON DEMAND & HD cable television.

In the higher bandwidth markets, DVD, HDDVD, Gaming, Simulators, etc. the technologies paved the way for these super high end video creations, as the technologies simultaneously yielded a corresponding 75% increase in processing power for video encoding, which allowed games and simulators to become almost lifelike in animations and found today on every gameboy, WII, Sony Playstation and X-box.

The Technologies applications for Digital Imaging changed virtually every digital display device! For example, most of you have digital camera’s that now utilize zoom and pan features with no image pixilation as you zoom. Incredible zoom on low-resolution images on and off the camera, as most of you have zoomed from satellites to aerial images of your homes with clarity never before imagined prior to the inventions.

Conversely, those satellites turned to space from your house provide a zoom capability that delves deep into space, further than we ever imagined, resulting in astonishing images of the universe, one of my most prized uses of the technologies. In medical imaging again the uses of zooming on x-rays, mri’s and other imaging devices has provided the medical industry a new view of the human body, translating to far better treatments.

Again, keep in mind that the technologies for Digital TV, Internet Video and Video on Demand, which you find today as part of your life, were non-existent back in 1997-1999 when Iviewit began. Markets for all of these products wholly dependent on the technologies, created from the technologies and where royalties for over a decade have been converted illegally by my former Lawyers and Law Firms who were hired to protect the inventions for their retained client inventors.

Enter the Law Firm Proskauer:

First on the scene of these Historical Inventions in Boca Raton, Florida, Christopher Clarke Wheeler of Proskauer Rose, Proskauer was then retained for protecting the Intellectual Properties, including protecting them worldwide via Patents, Trademarks, Trade-Secrets and Copyrights.

For example, Wheeler misrepresented to the Iviewit companies that attorney Kenneth Rubenstein was a Partner at Proskauer when introducing him.

Yet, to the contrary, investors found Rubenstein was instead at the law firm of Meltzer, Lippe, Goldstein, Wolfe & Schlissel ( Meltzer ) on Long Island at the time, Rubenstein, now one of the many named Defendants in my Twelve Trillion dollar RICO and Anti-Trust suit “legally related” to Anderson. Why would Proskauer misrepresent that Rubenstein was a partner who would protect the properties when in fact he was with another firm?

The answer revolves around the fact that Proskauer at the time of learning of the inventions had NO Patent or Intellectual Property Department and was mainly a real estate law firm. If they were planning from the start to steal the “Holy Grail” technologies, they would need a patent department to monetize the royalties for themselves.

Turns out that Kenneth Rubenstein, an attorney admitted and regulated by the NYS First Dept, while at Meltzer, simultaneously was involved with the MPEGLA Patent Pool that he was in house counsel for and one of the founders of the MPEGLA pooling scheme.

Proskauer then set about to find for their benefit, not their clients benefit, Rubenstein, to apply the technologies to the MPEGLA patent pools and more for themselves. After finding Rubenstein, Proskauer introduced him as Proskauer’s Partner for the Oversight and Protection of the Inventions and the main IP Litigator who would get the IP protected and then placed in the MPEGLA pools for royalties to the Iviewit investors.

Misrepresented Proskauer partner Joao was retained to complete the Intellectual Property filing work in the US and every country around the world for IP protections. Rubenstein and Joao thought initially to be Proskauer partners in New York working to protect the Iviewit Inventions took invention disclosures from the inventors, opined on the technologies under Proskauer’s retainer for services at the time, while they were actually working on the MPEGLA Patent Pools at Meltzer and were not with Proskauer at all.

Once investors discovered Proskauer’s misrepresentation of Rubenstein and Joao as Proskauer partners, when instead with the law firm Meltzer, Rubenstein quickly switched firms to Proskauer. Wheeler claiming that Proskauer was in the process of acquiring Rubenstein and virtually overnight Rubenstein jumped ship with almost the entire Meltzer IP group to Proskauer.

Details of Rubenstein’s transfer were not clear to Rubenstein or Wheeler in their depositions related to these matters; in fact, Rubenstein was even unclear as to the terms of his partnership deal. The net result of these fraudulent misrepresentations was that it now gave Proskauer, Iviewit Patent Counsel, control of the MPEGLA patent pooling schemes, putting Proskauer in direct competition with Iviewit via control of MPEGLA. MPEGLA now the largest infringer of the Iviewit technologies through this massive Conflict of Interest created by Violations of Virtually All Attorney Conduct Codes and Law by the Attorneys.

A Conflict of Interest almost surreal in nature since attorneys are typically retained as “trusted” advisors considering there are supposed to be very strict federal Patent Bar and State Bar Association rules that presumably prevent lawyers and law firms from these type of conflicts with their trusting clients.

Raymond Joao on the other hand, also misrepresented as Rubenstein’s Proskauer Partner and filing lackey was also instead working with Rubenstein at the Meltzer firm but he did not transfer from Meltzer to Proskauer with Rubenstein and the rest of the Meltzer team. Joao was to transfer to Proskauer after cleaning up loose ends at Meltzer according to Wheeler.

Yet, Joao never made it that far, as within the first year of his work on the IP, it became learned that Joao might have been patenting inventions in his own name, inventions learned under disclosure and retainer with Iviewit and the Inventors.

Proskauer and Wheeler confronted with the initial rumors that Joao, their operate, was filing patents wrongly on behalf of the Inventors and perhaps the right ones for himself instead. Wheeler of Proskauer volunteered to investigate Joao and was then further retained and billed for investigating the initial allegations that Joao was missing filings for Iviewit while busy patenting them in his name.

Joao the attorney Proskauer referred and retained for Iviewit whom they had misrepresented to Investors and Board Members initially as a Proskauer partner, never made the conversion to Proskauer, terminated by Proskauer from Iviewit and then Joao left Meltzer and took a new position with now recently Convicted Felon Marc S. Dreier ( Dreier ). Dreier convicted in a Ponzi scheme second only to that of Bernard Madoff ( Madoff ) and Sir Robert Allen Stanford ( Stanford ).

While advising the Iviewit companies on the Intellectual Properties, which posed a competitive threat to MPEGLA, including possible extinction of the MPEGLA pool without a license from Iviewit; Rubenstein, Proskauer and Meltzer then failed to put up a China Wall to protect the Inventions from this MASSIVE Conflict of Interest between Proskauer, Rubenstein and Proskauer’s new client MPEGLA & Iviewit.

Instead, they did the exact opposite and allowed MPEGLA to use the IP for their benefit while using Anti-Competitive Monopolistic practices to eliminate the Inventors and the Iviewit Companies and Shareholders. Perhaps, Joao’s 90+ patents were to be included in the MPEGLA patent pooling scheme by Rubenstein, so that royalties could then be shared disproportionately with other inventors in the pool, 90+ patents giving a large share of the divided license royalties from the pool.

With Rubenstein as Patent Counsel and the sole Patent Gatekeeper to the MPEGLA IP pools, it would be a no brainer, if Joao had not happened to get caught and a snowball of other crimes began surfacing at about the same time which led to uncovering evidence of a massive criminal enterprise operating within and controlling certain government agencies, law enforcement agencies and courts.

No wonder the Justice Department has historically broken up patent pooling schemes using Anti-Trust regulations, as this form of pooling works to deny ma and pa inventors of their Article 1, Sec 8, Clause 8, inventor rights. Intellectual Property Rights protected at the top of the Constitution, I quote,

United States Constitution Article 1, Sec 8, Clause 8

The Congress shall have power To…Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

These Inventor Protections are the cornerstone of Free Commerce in the United States. In the past, allegations of pooling schemes actually in the business of murdering inventors to steal their inventions or other such heinous crimes discovered have led to the breakup of patent pools like RCA’s and Singer Sewing’s in order to protect inventors. Typically Inventors need Constitutional Protection, the only civil job protected explicity by the Constitution, is due to corporations attempting to deny royalties through heavy handed methods not ones lawyers trying to steal their clients inventions.

It should be noted here to this Committee that if invention theft by ones attorneys is not STOPPED, it could lead to the loss of inventors confidence in the US Patent Office which provides the bulk of revenue to this Great Country and therefore is why the Founders placed these protections even higher in the Constitution than Congresses power to create the lower courts and more.

That is why this Committee must intervene with all of its powers to prevent this cancer in the legal system which could Halt the Engine that Drives our Economy, imagine inventors afraid to patent in the US the next Greatest Energy Technology and instead seek protection elsewhere. The revenues lost to this country on just one invention, like electricity or in my situation like digital electricity, the loss of revenues and growth opportunities to our country could be catastrophic, I quote A Connecticut Yankee in King Arthur's Court Complete ~ Chapter IX The Tournament by Mark Twain,

That reminds me to remark, in passing, that the very first official thing I did, in my administration -- and it was on the very first day of it, too -- was to start a patent office; for I knew that a country without a patent office and good patent laws was just a crab, and couldn't travel any way but sideways or backways.

Enter Foley to Replace Joao

Once Joao was under “investigation” by Proskauer he was then terminated from service by them, Proskauer instantly found an old friend of Christopher Wheeler’s, a one William Dick of Foley and Wheeler vouched for his friend Dick to the Board of Directors. Dick, according to Wheeler was IBM’s Patent Counsel for IBM’s far eastern patent pool. Dick was also friends and former coworker at IBM and then again with Friedkin with another of Wheeler’s referrals to the Iviewit companies, Brian G. Utley, who was appointed President of the Iviewit companies whereby Wheeler had presented a falsified resume for Utley to the Board, Shareholders and Investors, a falsified resume in several key ways.

First, the resume presented to the Board by Wheeler and Proskauer claimed Utley was a college graduate, in deposition Utley utterly denies ever graduating.

The most important fraud on the resume though was on the point of his past employment whereby it stated that due to Utley’s innovations for the company, Diamond Turf Equipment, owned by Monte Friedkin had grown to be one of the best and largest companies of its kind due to Utley’s running that company. Per Friedkin, it was more like ruining the company, as when Friedkin found Utley, Dick and Wheeler stealing Inventions from him, he fired Utley and closed the shop entirely down taking a several million dollar loss.

Major misrepresentation of Utley by Proskauer’s Wheeler but even more astonishing is that the same crew of Utley, Wheeler and Dick were involved in the Friedkin frauds. Many perjured statements regarding these events were submitted to official investigatory bodies and courts and evidence of these perjurious statements have been included in the Exhibit and Linkage Section under the individuals names.

Prior to learning of their seedy past, which had been misrepresented to the Board, Investors and Shareholders, as neither Dick nor Wheeler disclosed their past history together at Friedkin’s with Utley, nor did they share the information of the failed invention theft with anyone else.

Of course, if they did disclose the attempted theft, nobody would have retained them; everyone was in the dark as they handed out falsified resumes and financials to Investment Bankers, Iviewit Investors, Iviewit Shareholders, including the SBA and more. Foley entered the scene under similar false pretenses with Wheeler vouching for Dick’s integrity and again failing to notify anyone of their prior failed invention theft.

Instantly, Foley identified a mass of problems with Joao’s filing but claimed they could correct everything, such as missing assignments, missing inventors, missing patent disclosure information, etc.

Again, I myself and the Iviewit Board and Shareholders trusted yet another large law firm in the IP field referred again by Proskauer and this time Foley assured Investors, Investment Banks and Shareholders that they could and would fix the problems with Joao’s filing and so they were retained, again, Proskauer’s Rubenstein as oversight.

After several months, Utley came to me and asked me to sign blank patent applications for filings the inventors had not reviewed, Utley claiming they needed to be filed that day, which again was false, as they were not due for several days, Utley persisting that the Inventors had no time for review and that he did not have the IP filing applications to review before signing and could not get them.

Noticing several large patent binders on his desk I went to pick them up with another founder and inventor of the Iviewit technologies, James Frazier Armstrong, and what was discovered inside them was both astonishing and criminal.

Inside the binders were intellectual property filings with now Utley as sole inventor of technologies including for example an application titled “Zoom and Pan on a Digital Camera” and another “Zoom Image Design Applet” both inventions of which Utley was not even employed at the time of invention. Further, Utley replaced original inventors on original patent filings, those filed incorrectly by Joao, Foley fraudulently replacing inventors Zakirul Shirajee and Jude Rosario with Utley on filings, again Utley was nowhere near the scene of invention. Foley now found continuing the Joao fraud it appeared although at the time hard for almost anyone to believe.

Further, there were now two or more sets of patents, which almost were identical but were wholly different, as one set missed the inventions entirely and was fraught with bad math and major errors, the others with Utley’s name seemed to be the broader and more correct filings.

In fact, some of the IP found in the binders taken from Utley were for Intellectual Properties already filed at US Patent Office without anyone’s knowledge, including the Inventors, Shareholders or the Board of Directors, patents that were solely ( or soullessly ) in Utley’s name, being sent to his home address, not Iviewit’s and more. Almost identical to the Friedkin theft whereby Dick wrote Friedkin’s inventions into Utley’s name and filed them into a corporation incorporated by Proskauer and Wheeler, outside Friedkin’s employ and without Friedkin’s knowledge or consent.

These fraudulent applications led to immediate taped meetings regarding the fraudulent IP with Foley and Proskauer Partners, Board Members and Shareholders where it was further learned that assignments were missing, inventors were wrong and the patent applications remained filled with errors, I submit to the Committee under the Exhibits and Linkage section of the prepared statement a sample of the IP errors, contained in William Dick’s Virginia Bar Complaint Rebuttal9.

Foley was to correct everything in time for the filings, the inventors then corrected the patents, and yet Foley still filed the fraudulent patents with the bad math and other fraudulent information, discarding the inventors’ changes and continuing the fraud. The cat was almost out of the bag at that time, yet it was almost impossible to believe that these were crimes and not some type of mistakes versus part of an organized criminal syndicate of lawyers and law firms attempting to steal inventions, which only later and still today are being unraveled. At the same time, other information indicating fraud began to surface.

The Arthur Andersen Audit, The Enron Broadband Attempted Technology Transfers, the Collapse of both Enron and Arthur Andersen and the Ties to the Iviewit Inventions:
Another hidden and fraudulent set of events within the Iviewit companies links to Enron Broadband discovered at the same time that Arthur Andersen began a required Audit of the Iviewit Companies performed on behalf of Crossbow Ventures and their corresponding interests of the SBA on their SBIC loans.

Andersen’s Audit discovered identically and similarly named Corporate Shell companies and other misdeeds, as Iviewit also became aware of unauthorized technology transfers taking place by Utley, Dick and Wheeler that included one with Enron Broadband and Blockbuster Video.

Enron Broadband had booked Hundreds of Millions of Dollars in revenue on a future deal with Blockbuster Video to stream full screen full frame video over the Internet, that once the crimes at Iviewit were beginning to be discovered, fell apart overnight.

Many of those who fully understand the Enron fraud understand that the Broadband division’s fraud was the “straw that broke the camels back.” As soon as no technology was to transfer in backdoor secret deals to stream or download the videos due to the investigations, and the scandal was unraveling quickly from the audits findings, everything Enron Broadband and Enron had done had to become extinct overnight. Problem, they already had booked the revenue having forgotten the age-old proverb, “Don't count your chickens before they are hatched”, as greed often blinds the best and brightest too.

I note as an aside that the founder of Blockbuster, Wayne Huizenga and his Son, were the seed investors in the Iviewit companies brought to Iviewit by Proskauer and now named Defendants in my Federal Lawsuit. Instantly, almost overnight, with discovery of the Iviewit fraud, both Andersen who was in the midst of the Iviewit audit that was revealing fraud and Enron vanished in scandal, in a trail of criminal document shredding to cover their tracks.

Seeing the danger they were in from the exposure of the crimes, our trusted advisors, our retained lawyers and accountants, then began a document shredding of the Iviewit files to rid the evidence of the illegal technology transfers and other evidence revealing their criminal acts.

Similar to what Anderson now describes taking place in the First Department regarding the Cover-Up crimes alleged. According to Iviewit Employees stolen briefcases of cash of investor monies, including the SBA’s money, then used to bribe and attempt to bribe employees to steal proprietary equipment and trade secrets as indicated in one employees written statement contained in the referenced link in my Prepared Statement Submitted to this Committee @ http://Iviewit.tv/CompanyDocs/SHAREHOLDER%20STATEMENTS%20BOOKMARKED.pdf

Witness testimony on page 10 or found on the Iviewit Homepage under Evidence Link 784.

The Cover-Up Crimes
The Twelve Trillion Dollar, Federal RICO Lawsuit “Legally Related” by Federal Judge Shira Scheindlin to the Whistleblower Anderson Lawsuit, exposes the original violations of federal, state, and international law committed to steal the technologies and additionally exposes a series of ongoing and continuous Cover-Up Crimes. Cover-up Crimes designed to block due process through violations of Judicial Cannons, Attorney Conduct Codes, Public Office Rules and Regulations and Law, through Conflicts of Interest that act to Obstruct Justice, similar to that claimed by Anderson and committed by the many of the same Public Officials of the New York Supreme Court that Anderson fingers.

Wherever Iviewit and I filed complaints at the state bars or disciplinary agencies under State Supreme Court aegis’ in New York, Florida and Virginia, each was later found to have MAJOR CONFLICTS OF INTEREST THROUGH VIOLATIONS OF JUDICIAL CANNONS, ATTORNEY CONDUCT CODES, PUBLIC OFFICE RULES AND REGULATIONS AND LAW, CREATING THE APPEARANCE OF IMPROPRIETY BY PUBLIC OFFICIALS.

Mind blowing conflicts, so outrageous as to find Steven C. Krane, former President of the New York Bar Association, Official at the First Department DDC and one, if not thee, leading ethics lawyer in New York and Nationally, found representing complaints against his Proskauer Partners and Himself in First Department complaints, while having an Official Role at the First Department DDC where the complaints were being investigated. How unethical but true and we will return to this matter further in a moment.

Fraudulent Patent applications and Patents fraudulently issued into the names of others are crimes directly against the United States and Foreign Agencies as there are sworn oaths on the US Patent Office applications by the inventors, so filing fraudulent patents in others names is a Fraud Directly Upon the United States Patent Office and Worldwide Patent Authorities.

Crimes committed by the attorneys directly against government agencies and in violation of Federal Patent Bar Rules, State Attorney Conduct Codes and Law.

The crimes also involve not only the creation of fraudulent shell patent filings but fraudulent shell companies for the fraudulent patents to walk out the back door in, all formed by Proskauer and others not properly authorized to create such similarly named entities by the Board of Directors, Investors or management.

All these corporate crimes were violations of hosts of state and federal securities regulations and state incorporation laws, more crimes of fraud against government agencies, again committed in violation of Attorney Conduct Codes and Law.

Further, the scheme involved a false and fraudulent Billing fraud using a Florida Civil Court ( ruled by recently elected Florida Supreme Court Judge Jorge Labarga and a Defendant in the Iviewit Lawsuit ), which was filed by Proskauer to the tune of $500,000 plus in Wrongful Fraudulent bills, bills designed to create false debt to the fraudulent companies they created, which contained the fraudulent patent filings. Using this complex legal scheme which is a Fraud on a Federal Bankruptcy Court, the fraudulent companies were then to be bankrupted, after being sued for the fraudulent bills whereby the law firm and lawyers would become the largest creditors in the bankruptcy and seize the fraudulent patents hidden inside the fraudulent companies.

A plan that went extremely wrong when Arthur Andersen and others discovered that there were possible crimes being committed and fraudulent companies created and that this false information was being distributed to investors including, Wayne Huizenga, Ellen DeGeneres, Alanis Morissette, Crossbow Ventures and the Small Business Administration. The SBA through Crossbow’s SBA loans which were two thirds of the money Crossbow invested makes the US Government one of the most aggrieved investors in Iviewit.

The Proskauer Fraudulent Billing Scheme popped up on the horizon at or around the same time the Iviewit companies were in process to close the $25 Million Private Placement financing deal with Wachovia Securities10. No one other than the conspirators of the RICO crimes knew about these illegal legal actions.

The Involuntary Bankruptcy was another legal scheme involving this time, Fraud on a Federal Bankruptcy Court, orchestrated by Proskauer referred management Utley and Michael Reale both formerly with IBM and Real 3D Inc. ( Intel, SGI and Lockheed ) on a fraudulent company with fraudulent inventions inside it. On or about this time, Intel, a minority 20% owner of Real 3D, suddenly bought Real 3D from Lockheed the 70% owner and SGI, a 10% owner, in a publicly undisclosed transaction, taking with it the Iviewit inventions which now are alleged to be on almost EVERY chip manufactured since 1998.

Through the bankruptcy the underlying IP for the inventions would have become owned by the largest creditors to the fraudulent companies, Proskauer and Real 3D, a batta-bing, like stealing candy from a baby.

Again, neither of these illegal legal actions constituting frauds on the courts, the Fraud on the Florida State Court in The Proskauer Fraudulent Billing Lawsuit or the Fraud on the Federal Bankruptcy Court via the illegal Involuntary Bankruptcy were disclosed to Wachovia, Investors, Auditors, Investment Bankers, Shareholders or Management by Proskauer or Foley.

At first, upon learning of the billing lawsuit and Involuntary Bankruptcy, it was unclear why these ILLEGAL legal actions existed and what the motive was, still much of the conspiracy remains unknown but at that time very little was known. Only later, while investigating the falsified patent applications with the US Patent Office was it discovered that there were fraudulent patents inside the fraudulent similarly named companies involved in the IB, a company that Proskauer created, then sued and then with their referred co-conspirators filed the Involuntary Bankruptcy against.

Companies created without authorization of Shareholders, the Board of Directors or the Investors, and, where the real owners of the fraudulent companies are still unknown and subject of ongoing investigations and calls for Acts of Congress from the US Patent Office to get information regarding the inventions that were involved in the illegal legal schemes and frauds on the courts.

Upon learning of the corporate crimes from Arthur Andersen and much of the information regarding the fraudulent legal schemes by AOLTW / Warner Bros. who were doing due diligence for the Wachovia PPM when they discovered the undisclosed actions, including information that patents filed at the USPTO were not those being given to prospective investors and more. Immediately, Iviewit retained counsel to investigate if the Billing Lawsuit, the Involuntary Bankruptcy and the thefts of the IP were realities.

Counsel retained by Iviewit found that indeed there were these illegal legal actions and frauds and that the Board of Directors, Management, Investors, Investment Bankers had no knowledge and in fact were distributing the Wachovia PPM which neither mentions the Lawsuit, the Utley IP and other fraudulent IP or the Involuntary Bankruptcy.

Iviewit threw out counsel that was representing the matters without authorization or retainers from the Iviewit companies and that time it was still unknown these companies were fraudulent, as they were similarly and identically named to the legitimate companies and Iviewit counsel began representing the matters instantly.

The Involuntary Bankruptcy found that Brian Utley, Reale and Real 3d all had no employment contract or ANY binding agreement with the Iviewit company they filed against and that matter instantly went away, as soon as, it was discovered. On the Fraudulent Billing Lawsuit, well Proskauer was not so lucky, counsel retained filed a Counter Complaint exposing the basics of the fraud known at the time, I submit this Counter Complaint to this Committee for review, as it too is subject to ongoing federal investigations11. Again, in this fraud, Proskauer was found suing companies they had no retainers with and the bills were not even in the companies sued names but the judge, Jorge Labarga, refused to even acknowledge the Counter Complaint, filed by Competent Counsel, alleging that the lawyers in the Fraudulent Billing Lawsuit perhaps were involved in crimes against the United States and Foreign Nations.

Labarga refusing the Counter Complaint and then illegally throwing the Lawsuit out but ruling a default judgment against Iviewit for the entire amount of the fraudulent bill, for failure to retain replacement counsel.

It should be noted that Labarga on the eve of trial, cancelled the trial with no notice to Iviewit who showed up with two law firms representing their interests. At the rescheduling hearing, Labarga dismissed both of Iviewit’s counsel and forced Iviewit to get new counsel for this most complex case in just a few days.

In fact, I submit to this Committee evidence that Labarga was aware of Rubenstein, Wheeler, Dick and Utley’s perjurious statements made to his court, under deposition and in response to Bar Complaints, whereby perjured statements were proven prior to his throwing the case. In one instance, Iviewit Patent Counsel Rubenstein makes representation that he is being harassed to come to deposition in the matter as he knows nothing about Iviewit or the Iviewit inventions and inventors and refused to be deposed.

Labarga had no legal basis to block the deposition so he ordered Rubenstein to deposition, where it became apparent that Kenneth Rubenstein had LIED and PERJURED HIMSELF to the Court and knew far more about Iviewit than his sworn statements12. Despite this damning and irrefutable evidence of Perjury to his court, Labarga ruled against Iviewit and buried the case for an undisclosed amount. Again, information relevant to the case fraud has been submitted to Federal and State authorities.

Who owns all these fraudulent companies remains under investigation and all relevant information pertaining to these crimes have also been submitted to Federal and State Authorities and evidence, witness statements, copies of the fraudulent IP and much more are available in the Evidence Section of the Iviewit Homepage with over 1000 exhibits and hereby incorporated by reference in entirety herein for this Committee.

Crimes that if prosecuted would have taken down these powerful law firms overnight and put many of the perpetrators behind bars for more years than Madoff, as these crimes involved crimes directly against Federal, State and International Government Agencies, not merely Iviewit.

As soon as order is restored to the courts handling these matters in conflict and the corruption plaguing the New York Court system as further supported by Anderson regarding these matters is exterminated, these criminals cloaked as law firms and lawyers will be behind bars for eternity with loss of the entire partnerships assets in a successful RICO prosecution. Knowing that it was all or nothing for the powerful law firms, they had to block due process at every venue at the highest levels, as if any of the complaints, court proceedings or investigations elevated the Billions of Dollars of revenue these firms generate would be gone and legal robes exchanged for prison garb.

Herein lies the motive for the Cover-Up Crimes and Mass of Conflicts of Interest and Violations of virtually all Attorney Conduct Codes, Judicial Cannons, Public Office Violations and Law that have infected these matters at present.

So thick are the Conflicts that not one person out of all of the courts, disciplinary agencies, law enforcement agencies, even this Committee have signed the requested Conflict of Interest Disclosure Forms provided prior to taking action in the matters.

I have provided a Conflict form for the Committee submitted with my Prepared Statement for the June 08, 2009 hearing that did not happen and again have submitted one accompanying this Prepared Statement for my testimony today, again I respectfully demand signing of this COI before the Committee takes action in anyway that may have any impact good or bad on my case.

New York Ethics Complaints Filed in 2003 and Dismissed Without Investigation; The Commissioner of Patents for the US Patent Office and Harry I. Moatz, Director of OED of the US Patent Office lead Federal Investigation of Same Attorneys State Bars and Disciplinary Agencies Dismissed without Investigation; West Palm Beach FBI Joins Patent Fraud Investigation Regarding Fraud Directly Upon the USPTO I filed complaints of professional misconduct instantly against Proskauer, Rubenstein, Wheeler, Meltzer, Joao, Foley and Dick and continuously since 2003 alleged a host of professional misconduct, adding new Defendants in my lawsuit who became involved in the Cover-Up Crimes such as Krane, Cahill, the First Department and more.

Copies of the complaints can be found on the homepage or in the written Prepared Statement submitted herein to the Committee and in the Exhibit Section at the end of the document and for inclusion into this Committees permanent record, as promised by members of this Committee in accepting this statement.

I also note for this Committee that I fully reported the Iviewit frauds on the courts committed by those adjudicating the matters in conflicts in both the courts and state disciplinary agencies, to the West Palm Beach FBI office. Special Agent Stephen Lucchesi of that office was already investigating the Iviewit companies’ allegations of Frauds, Fraud on the USPTO, Intellectual Property Theft, Death Threats and the Attempted Murder by Car Bombing of my Family Mini-Van in Boynton Beach, Florida.

According to the FBI, later, Lucchesi and the Iviewit files went, and remain missing at this time, although upon last speaking to Lucchesi, he was on his way to the US Patent Office to begin investigating the Fraud on the US Patent Office with investigators at the US Patent Office. Moatz confirmed that Lucchesi was in fact working with the US Patent Office regarding the Frauds on the USPTO.

The reporting of these public office crimes to the FBI and the missing investigator, led the FBI West Palm Beach Office to direct me to speak only with the FBI Office of Professional Responsibility ( OPR ) the department responsible for handling misconduct complaints against DOJ & US attorneys.

When OPR refused to speak with me, claiming they could not speak with private citizens, Inspector General of the DOJ, Glenn Fine’s Office interceded and the matters where then directed to Alberto Gonzales, then to Michael Mukasey both of them who failed to respond to formal written complaints prior to them fleeing or being forced out of office. The matters have now been forwarded on to US Attorney General, Eric Holder, Jr. and while we await response from Holder at this time, we have not had a response yet.

Perhaps he is busy investigating the crimes of lawyers for war crimes or the crimes of lawyers in politicizing the DOJ, or the torture memo lawyers who violated international torture treatises and more or perhaps he is busy investigating the lawyers behind the financial market meltdown who have destroyed our economy for the benefit of a few, mostly criminals disguised as lawyers. A Copy of the Letter to President Barack Obama and Holder can found on the Iviewit Homepage or @

http://Iviewit.tv/CompanyDocs/United%20States%20District%20Court%20Southern%20District%20NY/20090213%20FINAL%20SIGNED%20LETTER%20OBAMA%20TO%20ENJOIN%20US%20ATTORNEY%20FINGERED%20ORIGINAL%20MAIL%20l.pdf

and

http://Iviewit.tv/CompanyDocs/20080411%20Iviewit%20Response%20to%20FBI%20OPR%20letter%20signed%20sent%20and%20printed%20copy.pdf

Ultimately, Iviewit filed a Complaint of Professional Misconduct against NYS First Dept Disciplinary Committee Chief Counsel Cahill, when it was learned that Cahill had allowed Steven C. Krane of Proskauer Rose, an active Official of the First Department to handle complaints against Proskauer and Proskauer Partner Rubenstein and ultimately himself, Iviewit filed further complaints for Violations of Public Office, Violations of Attorney Conduct Codes and Violations of Law against all of them.

Yes, Krane represented the complaints filed against his firm, partners and himself, all the while concealing multiple conflicts of interest and violations of public offices at the First Department which excluded from such twisted representation.

In Florida at the State Bar we find similarly Proskauer partner Matthew Triggs


While Krane was handling the complaints he was a member of the First Department and kept this Conflict undisclosed while he levied responses on behalf of his clients Proskauer and Rubenstein that were attempts to smear the Iviewit companies and myself, claiming Iviewit was a failed dot com and that Kenneth Rubenstein never heard of Iviewit and that Proskauer knew nothing about the patents, all while failing to disclose his First Department Roles and CONFLICT. Krane, also in his role at the time as immediate past PRESIDENT of the NYSBA had public office rules barring his handling of disciplinary complaints for a period of one year after his service.

His representations of his firm and Proskauer falling within that blackout and Krane again fails to disclose this Public Office Rule and Regulation that prevented his representation.

It is interesting to note that without knowing of the concealed conflicts and violations of public offices at the time, how the complaints within the First Department, despite the overwhelming evidence presented to the State Bar and Disciplinary Committees and despite the fact that the Federal Patent Bar, USPTO, USPTO OED and FBI were investigating them, how the state complaints had been “Stalled” Indefinitely.

It was not until discovering the conflicts that it became overwhelming apparent. Iviewit has found Proskauer or Foley in every instance where there was dismissal with no investigation by a State Bar or Disciplinary, much later into the investigations, the Conflicts of Interest and Violations of Public Offices that acted as the glue that bound the Cover-Up causing the delays and dismissals without investigation, even as the First Department Court Unanimously Ordered Krane and the others for formal and procedural “INVESTIGATIONS” based on the Krane and Cahill conflict information.

It was only recently exposed in July 2007 that the underlying "Patentgate" inquiries were effectively buried, or derailed, under the leadership of Manhattan's top State ethics Chief Counsel, Thomas J. Cahill, Esq. Cahill's "retirement" was then quickly announced after his own ethical failings in the Patentgate matter and other unfolding scandal as Anderson began surfacing with Whistleblower allegations, along with other ethics complaints that were made, became known.

Then the Whistleblower Anderson came along to confirm ones worst nightmares about the Disciplinary Committees and Courts of New York. It should be noted that Thomas Cahill was later deposed in Anderson."
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Source and Lots More...
http://74.125.155.132/search?q=cache:ktIVkVh6K68J:www.iviewit.tv/20091005%2520NY%2520Judiciary%2520Committee%2520Prepared%2520Statement.doc+site://www.iviewit.tv+question&cd=2&hl=en&ct=clnk&gl=us
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rTons of Information at the Above Link..
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