lThj..

TED STATES Bit"-,1•HCRUPTCY COURT

SOTLIT-ttERN DIST.R.ICT OF FLORTT.)A.

In re: Case No. 97-14687-BKC-.At`'—'.

Chapter 7
S TF.PH- JAY LAWRENCE

Debtor.

TRUSTEE'S EX PARTE MOTION UNDER SEAL FOR AUTHORITY TO EMPLOY

PRIVATE INVESTIGATOR NUNC PRO TUNC TO MAY 4, 1998

ALAN L. GOLDBERG, the duly appointed and acting Chapter 7 Trustee for the estate

of Stephen Jay Lawrence (the.,"Debtor"), by and through his undersigned counsel and respectfully

requests that this Honorable Court enter an ex parte order under seal authorizing the Trustee to

engage William H. Riley of Riley, Kiraly & Associates as a private investigator, nunc pro tune

to May 4, 1998, and in support thereof, resRectfully represents that:

1 T-he-T-i:ustee in this .cause has been investigating the complex financial affairs of

the Debtor over the past ten (10) months. In almost every instance, the Debtor has been

uncooperative at the least and blatantly obstructionist at the worst.

2. As a result of the efforts of the Trustee, there is presently pending before this

Court (i) a Complaint Objecting To Debtor's Discharge (11 U.S.C. §,f727 (a)(2)(4); (a)(3);

(a)(4)(A); (a)(4)(D); (a)(5) and (ii); and a Trustee's Objection To Debtor's Claimed Exemption;

Motion For Turnover of Pension Funds and for Accounting.

3. Many of the allegations which the Trustee has asserted and which form the

substantive basis for the Complaint and the Objection, arise from the testimony o

F:'4884\0011
FEAL.MOT
5/4/98

Berger Davis &Singelinan

200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 305.755-9500 Fax: 305.375.7740
 4. Or.• Fe^rn ,7 90, 1 998, the Trnst,-- took a ler.gthy a nd detalle deposition

TheDebtorpartic patedinthedeposit onviatel phoneandhis

counsel attended in person. The Debtor was, therefore fully aware of the testimony (31I.

5. As of May 1, 1998, the Trustee had not received the executed errata sheet for the

transcript o testimony, and as such, the undersigned counsel contacted

-to inquire as to the status of the errata sheet.

6. During the conversanona

teach, it was disclosed that since February 20, 1998, the Debtor, Stephan Jay Lawrence has

been engaged in a systematic pattern of corrupt persuasion, intimidation and threat designed to

induce to materially alter and impair the integrity of Or sworn deposition

testimony.

7. Stephan Jay Lawrence is alleged to have engaged in the following actions in

- • •

furtherance of his witness tampering:

a. repeated harassing telephone calls tc=in home;

b. submissio of a falsified errata sheet specifically prepared

Ml which was intended to materially alter and impair the integrity oM previously

sworn testimony;

c. leaving threatening telephone messages with 14 year old son;

d. leaving threatening telephone messages with companion;

e. making numerous "phoney" telephone calls in succession wherein the phone call

is terminated when the receiver is picked up b or members of her household;

FA4884 \00 1
SEAL.MOT
514/98 2

Berger Davis & Singerm.an

200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax 305.375.7740
 f. making threatening stateme-ntst er to WM

■I■1I■1111■IIIIII=1111I
g. referencing 11111111 to other destructive and expensive litigation pursued by

Stephan Jay Lawrence, and implying that if did not alter her testimony, she would

become embroiled in similar litigation for years.

8. The undersigned counsel has recently been made aware of other potential

intimidation practiced upon prospective witnesses whereir has expressed

concern that Stephan Jay Lawrence intends to subjec.= to costly litigation if the Trustee

is successful in the pending matters.

9. The undersigned counsel to the Trustee has annexed hereto as Exhibit "A", -his

affidavit in support of the allegations set forth hereinabove.

10. The Trustee believes that it is his duty to thoroughly investigate these serious

allegations of witness tampering and if appropriate, to make a referral to the Bankruptcy Fraud

Task Force and/or the Office of the United States Attorney.

11. Prior to taking so serious a step, the Trustee believes that it would be prudent to

seek independent verification of these allegations and that William H. Riley of Riley, Kiraly &

Associates be employed as a private investigator for the estate to investigate the allegations of

witness tampering.

12. The Trustee respectfully submits that the attendant and exigent circumstances of

this matter dictate that the employment of William H. Riley, of Riley, Kiraly & Associates, mmc

pro tunc to May 4, 1998, be approved under seal to prevent Stephan Tay Lawrence and/or his

agents from further compromising the official processes of this Court.

F:1488410011
SEAL MOT
.1419 E 3

Berger Davis & Sin gerrnan

200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 305_7559500 Fax: 305.375.7740
 13. William H. Reilly of Rile.y, Kiraly & Associates has ageed to be comnensaated

upon application to the Court and upon the further Order of this Court.

14. William H. Reilly of Riley, Kiraly & Associates is a licenced private investigator

and is well qualified to perform the services for which he is being retained,•he does not hold or

represent any adverse interest to the estate and is a disinterested person within the meaning of 11

U.S.C. §327 (a).

WatREFORE, it is requested that this Honorable Court enter an ex parte Order under

sea-1:

1. Authorizing the employment of William H. Riley of Riley, Kiraly & Associates

as a private investigator to investigate the allegations of witness tampering against the Debtor;

and

2. Granting such other and further relief as may be just and proper.

LOCAL RITE 910 (A) CERTIFICATION

I HEREBY CERTIFY that I am admitted to the Bar of the United States District

Court for the Southern District of Florida and I am in compliance with the additional

qualifications to practice in this Court set forth in Local Rule 910(A).

Date: May 4, 1998 BERGER DAVIS & SIN-GERMAN

Attorneys for Trustee
200 S. Biscayne Boulevard
Suite 3410
Miami, arida 3131/--
Te a ne No. 55-9500
Vir

James H. Fig berg

Florida B.. o. 0050970

F:14884\0011
SEM—MOT
5/5/98 4

Berger Davis &Sirigerman.

200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 505.755.9500 Fax: 305-375.7740
 I.11\TITED STATES EA3.%K.RTJPTCY COUR.T pf
SOUTHERN DISTRICT OF FLORiDA . /2' C.1.,-. e--,

n -,,..;,.,1.. :0 . .,.,-i ...75-

,
, :', 0 1rtz:p.,.
In re: Case No. 97-14687-BKC-AJC /..) .....;

Chapter 7
STEPHEN JAY LAWRENCE

Debtor.

AFFIDAVIT OF JAMES H. FIERB ERG

BEFORE ME, the undersigned authority, this day personally appeared, James H.

Fierberg, who, after being duly sworn, did depose and state that:

1. I am an attorney employed by the law firm of Berger, Davis & Singerman, PA.,

attorneys of record for Alan L. Goldberg, the duly authorized and acting Chapter 7 Trustee in the

above-captioned banknaptcy case and have personal knowledge of the facts set forth herein.

2. C 1Febivar- 20, 1998, the undersivaed conv_ened_a. lengthy _and detailed_d eposition

o The Debtor, Stephan :ay Lawrence participated in

the deposition via telephone and his counsel attended in person. The Debtor was, therefore fully

aware of the testimony ci4

3. As of May 1, 1998, the undersigned had not received the executed errata sheet for

the transcript of testimony, and as such, on said date the undersigned contacted

to inquire as to the status of the errata sheet.

4. During a conversation had wi

it was disclosed to the undersigned that since February 20, 1998, the Debtor,

Stephan Jay Lawrence has been engaged in a systematic pattern of corrupt persuasion,

intimidation and threat designed to induce lto materially alter and impair the

integrity of her sworn deposition testimony.

Berger Davis &Singennan

200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone! 305_755.9500 Fax: 305.375.7740
 The undersigned was advised 17)Mllhat Stephan T av
A-,
,,,rence

in the following actions in furtherance of his witness tampering:

a. repeated harassing telephone calls to home;

b. submission tc1M of a falsified errata sheet specifically prepared b)=II.

all which was intended to materially alter and impair the integrity of her previously

sworn testimony;

c. leaving threatening telephone messages with Ms. 14 year old son;

d. leaving threatening telephone messages with compathon;

e. making numerous "phoney" telephone calls in succession wherein the phone call

is terminated when the receiver is picked up 11 .5 or members of her household;

f. making threatening statements to the effect

that 'ME had better change her testimony...or else...";

referencing to other destructive and expensive litigation pursued by

Stephan Jay Lawrence, and implying that did not alter her testimony ; she would

become embroiled in similar litigation for years.

6. The undersigned has recently been made aware of other potential intimidation

practiced upon prospective witnesses in this case wherein has

expressed concern that Stephan Jay Lawrence intends to subject to costly litigation if

F:148841
AFF
5/4/98

Berger Davis & Singermari

200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax 305.375.7740
.rkfedalrit of fori .s H. Fierberg, Esc.
►

Page Two

the Trustee is successful in the pending matters.

FLIRT R AFFIANT SAYETH NAUGHT

7
aut esI. rb rg, Esq.
STATE OF FLORIDA) /
DADE, SS. ) (
k /
LI
The foregoing instrument was aciai , b c -7me this I( A day of May, 1,998 by
l owled1;\64,e...s
James H. Fierberg who t.— '—Per --:----iT
sicala y known toLs,D ai or who has has produced
as identification.

NOTARY'' f :LIC

Sian/ IP71

My Commission Expires: (SEAL) >io.s'emx,--

opy P4,4,
AvAi.-AN.-,-,-,,,-,\,;N;\-\cw,,mv,s,,%
Elsa S. Fresco
't° Notary Public, State of Florida
>I ,..
if Commission No. CC 480817
; oFfe. My
Commission Expires 09C.199
2i
•": j-400.34{0Say - Nary Service & /I mam co. •
eA•Ale&errAY.M.V.",?0,%.?,/f/lee....:eee/A.:Ofeereeeear,

F:448841
AFF
5/4198

BergerDavis &Sirigerman
200 South Biscayne Boulevard Suite 3410 Miami, Florida 33131-5308 Phone: 305.755.9500 Fax: 305.575.7740
 UNIT7D STATES BAVXRUFTCY COURT
SOUTHER .N DISTRICT OF FLORIDA

In re: Case No. 97-14687-BKC-AIC

Chapter 7
STEPHEN JAY LAWRENCE

Debtor.

AFFIDAVIT OF WILLIAM Et. RILEY

BEFORE -NM, the undersigned authority, this day personally appeared, William H. Riley,

who, after being duly sworn, did depose and state that

1. I am a duly license private investigator licensed by the State of Florida and am a

principal in the firm of Riley, Kiraly & Associates.

2. Neither I nor any member of my firm hold or represent any interest adverse to the

estate, and we are disinterested persons as required by 11 U.S.C. §327(a).

FURTHER AFFIANT SAYETH NAUGHT.

1 A

\-° Ajl e"Y-V

William H. Riley
STATE OF FLORIDA)
DADE, SS. )

The foregoing instrument was acknowledged before me this Li Aday of May, 1998 by
William R Riley who is d. - • • = iy own o me or who has has produced
as identification.

NOTARY PUBLIC

Print: \

My Commission Expires: (SEAL)

FA48341
RILE'r 7". ''' NOTARY FLP-ZIC, STATE C.:s2 FLONCA
/
5/4/93
I RACY FARE
.
„ CCIAJIMOrN P40: Cy-3654n
MY Win. I F.:47tis
APR. 19, lass
 UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA

In re: Case No. 97-14687-BICC-A3 RECEIVED

Chapter 7 FILED ID fl i
STEPHEN JAY LAWRENCE MAY 7 1998
CLERK UNITED STAT E S
Debtor. BANKRUPTCY COURT
SO. DIST. OF FLORIDA
I

TRUSTEE'S EX PARTE REQUEST TO SEAL PLEADINGS

ALAN L. GOLDBERG, the duly appointed and acting Chapter 7 Trustee for the estate

of Stephen Jay Lawrence (the "Debtor"), by and through his undersigned counsel and respectfully

requests that this Honorable Court enter an ex parte order sealing the Trustee's Ex Parte Motion

Under Seal For Authdrity To Employ Private Investigator Nunc Pro Tunc To May 4, 1998.

LOCAL RULE 910 (A) CERTIFICATION

I HEREBY CERTIFY that I am admitted to the Bar of the United States District

Court for the Southern District of Florida and I am in compliance with the additional

qualifications to practice in this Court set forth in Local Rule 910(A).

Date: May 6, 1998 BERGER DAVIS & SINGERMAN

Attorneys for Trustee
200 S. Biscayne Boulevard
Suite 3410

FA43341001 ■
sEAL.moT
516198
 UNITED STATES BANKRUPTCY COURT
FOR TB] SO RN DISTRICT OF FLORIDA

In Re: PEIVED
z54,F to
Case ri--EUX7-aC-Ajc I
Stephan Jay Lawrence, Chap r VI 7 Mai
CEM( UNITS0 STATES
Debtor. BANKRUPTCY COURT
SO. DIST. OF-FORIDA

ORDER GRANTING TRUSTEE'S EX-PARTE MOTION TO SEAL PLEADINGS

THIS CAUSE came before the Court in Chambers at Miami, Florida on May 7 ,

1998 upon the Trustee's Ex-Parte Motion To Seal Pleadings in connection with the Trustee's

Ex Parte Motion Under Seal For Authority To Employ Private Investigator, Nuzzo Pro Tunc to

itappeaing _to :the_Court.that -the—T-rustee-has _shown...just cause -for -the-paiief - • •

requested and the Court being otherwise fully advised in the premises, it is therefore:

ORDERED that the Trustees Ex Parte Mo.d.on To Seal Pleadings is GRANTED,

f-1 or"' d 1-4,1-1J 0 41,9 s 14A-LL
Ar
SO ORDERED, at Miami, Florida in said district on this 7
day of May, 1998.

CHIEF BANKRUPTCY JUDGE

Copies to:

James H. Fierberg, E

FI\4884\301\
MAL . ORD
5/6/SE1
 UNITED STATES BANYRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF

IP Re:
Case No
Stephan Jay Lawrence, 1-1-1

Debtor.

ORDER GRANTING TRUSTEE'S EX-PARTE MOTION UNDER SEAL FOR AUTHORITY

TO EMPLOY PRIVATE INVESTIGATOR NUNC PRO TUNC TO MAY 4, 1.998

THIS CAUSE came before the Court in Chambers at Miami,

Florida on May 1358 upon the Trustee's Ex-Parte Motion

Under Seal For Authority To Employ Private Investigator, Nunc Pro

Tuno to May 4, 1998, it appearing to the Court that the Trustee
has shown just cause for the relief requested and that the

employment of a private investigator is necessary and appropriate

under the circumstamces disclosed in the Trustee's Motion, it
further appearing to the Court that under the circumstances

alleged in the Trustee's Motion the approval of the employment of

the private investigator under seal is appropriate and the Court.
being otherwise fully advised in the premises, it is therefore:

ORDERED
614=
1. That the Trustee 14..71trer=eby is

authorized to employ William H. Riley of Riley, Kiraly &

Associates as a private investigator, numc pro tunc to May 4,

1998, for the purpose of investigating the allegations of witness

tampering which have been raised in the Trustee's Motion_
2. William H. Riley of Riley, Kiraly & Associates
shall be entitled to compensation for his services rendered and

reasonable expenses incurred upon application to the Court and

Page Two
is ra Stephan Jay Lawrence
Chapter 7; C'ase NC. 57-14687-EXC-A1 C
ORDER GRANTING TRUSTEE'S EX-PARTS MOTION
UNDER SEAL FOR AUTBORITT TO EMPLOY PRIVATE
INVESTIGATOR NUNo PRO TUNC TO MAY 4, 1992

further Order of the Court.

3. This Order is being entered under seal pending further

Order of the Court.

SO n P TYOR 711 ,
day of May
at Miami, Florida in said district on this - 7
1998.

A. JAY'CRTSTOLu
CHIEF BANKRUPTCY JUDGE

Copies to L:
James H. Fierberg, Esq. 9.p
V-)4

F:143841001\
PI.ORD
5/4/98