00-02283

Extract: Award NASD Dispute Resolution In the Matter of the Arbitration Between: Gary K. Liebschner, (Claimant) vs. Michael Patterson, Inc., Michael Patterson, Dain Rauscher Incorporated, Robert Bales, Quantum Capital Corporation, Thomas Dooley HI, Ernest Dahlen IH, and Adolphus Dubose Jr., (Respondents) Case Number: 00-02283 Hearing Site: Columbus, Ohio
REPRESENTATION OF PARTIES Claimant, Gary K. Liebschner, hereinafter referred to as "Claimant": Earle R. Frost
Size: 296286 bytes
Date of award: 04/16/2003
The 10-page Award will become evidence as soon as Bales' credibility is put at issue - e.g., if he takes the stand. Two findings seriously injure that credibility:

1. The Panel finds that Respondents Bales, MPI, and Patterson engaged in fraud, breach of fiduciary duty, churning, unauthorized trading, and unsuitable investments. [$637,000.00 as compensatory damages]
...
3. Bales, MPI, and Patterson are jointly and severally liable for and shall pay to Claimant the sum of $637,000.00 as punitive damages. Ohio law permits punitive damages to be awarded in tort and fraud claims when the conduct is willful or malicious. The Panel finds Bales' and Patterson's conduct in this matter to be fraudulent and malicious.
That doesn't mean that facts concerning the Gary K. Liebschner claim, but not stated in the award, will be admitted.

So, now, we have two items of character evidence: CPT Chris Alexander, who (unless something adverse surfaces on him) seems to truthfully present what he knew of Bales; and the Arbitration Award, presenting a different picture, and which is binding on Bales as a judgment.

As to Atty. Browne, I found this interesting (from Wiki) (supporting footnotes in Wiki):

Browne gained nationwide attention as lead plaintiff in a lawsuit filed in 2007 by famous class action lawyer Steve Berman against Avvo, a law-related review site.[7] He was reportedly upset that the site had rated him "average" via a rating system that evaluates vertical disciplinary stature. [8][9] That suit was dismissed on pre-trial motion, on grounds that the ratings were expressions of opinion protected by the First Amendment to the United States Constitution.[10]
I conclude that Atty. Browne is a sensitive man, who will pull the libel trigger if he feels offended; but that's definitely just an opinion. I'm sure his travel and personal security will be negotiated with the DoD - that sort of thing was handled during the Vietnam War in multiple cases.

As to the "defenses" of trying the War and trying the Army, can you all see them flying with members of a court-martial ?

As to forensics, Afghani witnesses, etc., I covered that in this post - still a long way to travel, and my reasoning is unchanged.

Regards

Mike

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Carl:

Moving away from all this misery, Marcelaine Wininger Lewis (she says she's a "sky chick", which is true ; but she also is smart, a good writer and teacher - and tougher than nails when she needs to be) wrote Why is CMX where it is ?. You know that destination. The article (from Vintage Airplane) tells of Caesar Lucchesi and his son Leo Lucchesi, founders of Copper Country aviation, and grandfather and uncle of "Geno" (of Blue Goose and Northwest Airlines "fame" - actually a hell of a guy and my friend; as was Leo, with whom I shared many Blue Goose trips).