15.01.2013 Views

Dr. Richard Cordero, Esq. Synopsis of an Investigative Journalism ...

Dr. Richard Cordero, Esq. Synopsis of an Investigative Journalism ...

Dr. Richard Cordero, Esq. Synopsis of an Investigative Journalism ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Judicial‐Discipline‐Reform.org<br />

b<strong>an</strong>k <strong>of</strong> links to references<br />

own rules, that is, Rule 3(a) <strong>of</strong> the Rules <strong>of</strong> the Judicial Council <strong>of</strong> the Second Circuit Governing<br />

Complaints Against Judicial Officers under 28 U.S.C. §351 et seq. (C:75) This time the<br />

Chief did something else: He had <strong>Dr</strong>. <strong>Cordero</strong>’s letter returned to the sender! (C:109)<br />

24. More th<strong>an</strong> a month <strong>an</strong>d a half later Chief Judge Walker had still taken no action on the<br />

complaint. By contrast, Judge Ninfo went on to engage in even more flagr<strong>an</strong>tly wrongful<br />

conduct in <strong>an</strong>other case to which <strong>Dr</strong>. <strong>Cordero</strong> was made a party, namely, the voluntary petition<br />

for b<strong>an</strong>kruptcy under 11 U.S.C. Chapter 13 <strong>of</strong> M&T B<strong>an</strong>k Assist<strong>an</strong>t Vice President David<br />

DeL<strong>an</strong>o <strong>of</strong> all people! (In re DeL<strong>an</strong>o, no. 04-20280, WBNY; C:1431, 1435, 1467; docket at<br />

D:496) Consequently, <strong>Dr</strong>. <strong>Cordero</strong> filed a judicial misconduct complaint against Chief Judge<br />

Walker on March 19, 2004. (C:271) As required by law <strong>an</strong>d Circuit rule, he addressed it to the<br />

next judge eligible to become the chief judge, to wit, Circuit Judge Dennis Jacobs.<br />

III. CJ Walker <strong>an</strong>d J. Jacobs are protecting their peers by refusing to Follow<br />

the money! to find over $670,000 unaccounted for in just one out <strong>of</strong> one<br />

trustee’s more th<strong>an</strong> 3,900 cases, i.e., In re DeL<strong>an</strong>o, for following it could<br />

lead to the exposure <strong>of</strong> a b<strong>an</strong>kruptcy fraud scheme <strong>an</strong>d the schemers<br />

25. <strong>Dr</strong>. <strong>Cordero</strong> brought to Judge Jacobs’ attention not only Chief Judge Walker’s failure to take<br />

action on the complaint against Judge Ninfo, but also how his inaction had condoned Judge<br />

Ninfo’s misconduct <strong>an</strong>d allowed him to engage even more flagr<strong>an</strong>tly in bias <strong>an</strong>d disregard for<br />

the law, the rules, <strong>an</strong>d the facts in the h<strong>an</strong>dling <strong>of</strong> DeL<strong>an</strong>o. A judge mindful <strong>of</strong> his duty, not only<br />

under §351, but also as a member <strong>of</strong> the Judicial Council, to safeguard the integrity <strong>of</strong> judicial<br />

process <strong>an</strong>d the proper administration <strong>of</strong> justice would have conducted <strong>an</strong> investigation, for the<br />

DeL<strong>an</strong>o petition <strong>an</strong>d its h<strong>an</strong>dling by Judge Ninfo <strong>an</strong>d other court <strong>of</strong>ficers <strong>an</strong>d trustees are so<br />

egregious as to reveal the force that joins them <strong>an</strong>d links the cases: a b<strong>an</strong>kruptcy fraud scheme.<br />

26. Indeed, Mr. David <strong>an</strong>d Mrs. Mary Ann Del<strong>an</strong>o are not average debtors. Mr. David DeL<strong>an</strong>o has<br />

worked in fin<strong>an</strong>cing for 7 years <strong>an</strong>d as <strong>an</strong> <strong>of</strong>ficer at two b<strong>an</strong>ks for 32 years: 39 years<br />

pr<strong>of</strong>essionally m<strong>an</strong>aging money!…<strong>an</strong>d counting, for he is still working for M&T B<strong>an</strong>k as a<br />

m<strong>an</strong>ager in credit administration (Tr:15/17-16/15). As such, he qualifies as <strong>an</strong> expert in how to<br />

assess creditworthiness <strong>an</strong>d remain solvent to be able to repay b<strong>an</strong>k lo<strong>an</strong>s. Thus, Mr. Del<strong>an</strong>o is a<br />

member <strong>of</strong> a class <strong>of</strong> people who should know how not to go b<strong>an</strong>krupt.<br />

27. As for Mrs. DeL<strong>an</strong>o, she was a specialist in business Xerox machines. As such, she is a person<br />

trained to think methodically so as to ask pointed questions <strong>of</strong> customers <strong>an</strong>d guide them<br />

through a series <strong>of</strong> systematic steps to solve their technical problems with Xerox machines.<br />

28. Hence, the DeL<strong>an</strong>os are pr<strong>of</strong>essionals with expertise in borrowing, dealing with b<strong>an</strong>kruptcies,<br />

<strong>an</strong>d learning <strong>an</strong>d applying technical instructions. They should have been held to a high st<strong>an</strong>dard<br />

<strong>of</strong> responsibility…but instead they were allowed to conceal assets because they know too much.<br />

29. This me<strong>an</strong>s that because <strong>of</strong> his 39-year long career in fin<strong>an</strong>ce <strong>an</strong>d b<strong>an</strong>king, Mr. DeL<strong>an</strong>o has<br />

learned how borrowers use or abuse the b<strong>an</strong>kruptcy system, <strong>an</strong>d more import<strong>an</strong>tly, how trustees<br />

<strong>an</strong>d court <strong>of</strong>ficers h<strong>an</strong>dle their petitions so that rightfully or wrongfully they are successful in<br />

obtaining b<strong>an</strong>kruptcy relief from their debts. Actually, Mr. DeL<strong>an</strong>o works precisely in the area<br />

<strong>of</strong> b<strong>an</strong>kruptcies at M&T B<strong>an</strong>k, collecting money from delinquent commercial borrowers <strong>an</strong>d<br />

even liquidating comp<strong>an</strong>y assets (Tr:17.14-19). In fact, he was the M&T <strong>of</strong>ficer that liquidated<br />

the storage containers in which M&T kept <strong>an</strong> interest to secure its lo<strong>an</strong> to Mr. Palmer. So he<br />

knows how the latter was treated by Judge Ninfo in Premier, which gave rise to Pfuntner.<br />

<strong>Dr</strong>. <strong>Cordero</strong>’s Statement <strong>of</strong> Facts as <strong>of</strong> 9/25/6 & call for forming a virtual firm <strong>of</strong> lawyers & investigators 6 <strong>of</strong> 10

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!