Motion to Vacate an Arbitration Award Based on Fraud

Motion to Vacate an Arbitration Award Based on Fraud
David and Goliath -- Christopher Wanken vs. John Dwight Wanken and Raymond James Financial Services

Tuesday, May 1, 2012

You're Invited to a Throwdown! Texas Workforce Commission Has Informed Me That Dwight Wanken Can Get ALL the TWC Evidence to Share it with ALL Parties At Any Time! Woo-Hoo!! Dwight Wanken Can Obtain and Share the TWC Evidence with Raymond James Financial Services, Inc., FINRA, the FBI, the SEC, the Fifth Circuit, Judge Kinkeade, Judge Parker, Judge Jerry Smith! Woo-Hoo!!!

So. 


I  talked to the Texas Workforce Commission recently. 


They told me that Dwight Wanken just has to ask for the evidence and he can have all of it. 


Yep.


All of it.


How great is that? 


He can have the audio recordings. He can have all the documents he and I have submitted. He can have all the interview notes. He can have the reports. He can have the findings. 


He can have the whole kit and caboodle. 


I would like the whole kit and caboodle. 


Go ahead. I'll wait. Five times fast. 


Fun, no? 


I just know Raymond James is beside themselves.   Right. About. Now. 


Oh. And FINRA too. 


Yep. Dwight Wanken can get *all* the TWC evidence with one of his over-the-top fanciful signatures.  Won't that be fun? 


We should all do one big collective -wave- to celebrate.  





Didja do it?  


Name the time and place, Dwight Wanken. I'll be there for the Throwdown. 


I don't know. Guess I'm feeling a little old school Bobby Flay today. 





We could have a bit of a Denny Hamlin short track showdown.  Eh - wait.  Been there, done that.  


Someone is needing a black flag.  But it ain't Cousin Carl.


Anyway.


We'll all get together and go through the documents and recordings. 


I'll bring the chips and salsa. Oh. And the FINRA audio recordings.  And we can compare them.  


We'll listen to one.


And then the other.


And - then - um - then the other other.


So...FINRA first.  Then TWC.  And then we can plow through the IRS documents too.  


It's gonna be like a triple scoop of ice cream.


We'll get through the FINRA scoop and think "wow.  it couldn't get any better than this."


And then we'll hit the TWC scoop and say "whoa!  what a surprise!  this is *nothing* like the FINRA scoop!"


And then we'll hit the IRS scoop and it will be even more shocking!


Ah.  And then the cone.  The best part.


Might get a bit crunchy and rough for some folks.  Not for me.


Because I was part of all three hearings/investigations.  And I know *exactly* what Dwight Wanken has testified to FINRA, the TWC and IRS.  


And exactly how Henry Simpson and Erin Linehan Reyes and Kirk Bell and Brady Sparks and Tom Gregor and Linda Broocks have testified in those three different hearings/investigations.


And I know how Raymond James testified at FINRA.  


And I also happen to have read the briefs that Dwight Wanken and Raymond James have submitted to the district court and the Fifth Circuit Court of Appeals.  And some briefs submitted to a certain state district court here in Texas.


It. Will. Be. So. Cool. 


Well, it might get a bit heated. 


And while I do like some peppers in my picante, that ain't what I'm talking about. 


All of a sudden, I am having flashbacks of Kayla Katherine Kennedy Gingrich Burds Wanken testifying at the FINRA arbitration.  


Heh-heh.  


I have to admit -- I have a front row seat for the screenplay for this epic drama.  


It's pretty stinkin' funny.  


That said, there are parts that just break my heart.  


What I didn't think could be put into words from the last five years is - um - being put into words.


Most memorable song from the process?





My goofy bride doing a *mean* improv of Taylor Swift in her "Mean" performance at the Grammys.


When people ask how we have survived the last five years, I always say by God's grace, our faith in Christ and humor -- lots and lots of laughter.  


Anyway.


You. Me. That busload of lawyers you have on retainer. I'm pretty sure you could get in the Guinness Book of World Records for most lawyers representing you at one meeting.   


Lies are a lot like dominoes.  Some folks seem to line 'em up, one after another.  And then the next thing you know, they all come tumbling down.  





We'll just have to make sure we have enough seats for all those lawyers at our little par-tay. 


Let's see... 


Here's a tentative invite list of the lawyers: 
  • Erin Linehan Reyes 
  • Mike Alford 
  • Henry Simpson 
  • Deborah Beaty 
  • Bill Dunne 
  • Brady Sparks 
  • Ashley McKethan 
  • Laura Leteff
  • Ben Stephens 
  • Larry Newman 
  • Tom Gregor 
  • Linda Broocks 
I'm pretty sure I'm leaving out a few lawyers and legal assistants. So hard to keep track of all of them.   You could invite that slew of beasts lawyers that represented you in the custody battle when you tried to take my kids.





How about some Raymond James folks?  It just wouldn't be the same without Raymond James at this little gathering.  


I'm sure they will be very interested in reviewing the TWC and IRS evidence, right, Dwight?  I mean -- if y'all didn't collude and conspire to procure the FINRA arbitration award by fraud, then they should be shocked and dismayed to hear that you are alleged to have contradicted all y'all's FINRA arbitration testimony on every material issue decided by the arbitration panel. 


In fact, I would think that Raymond James Financial Services, Inc. would have a fiduciary duty to demand a review of the TWC evidence given the fact that you are alleged to have contradicted all of both of your and their FINRA arbitration testimony.


I am sure Raymond James is quite concerned for their investors and want to investigate this alleged contradiction for themselves.


I would imagine that Raymond James Financial Services, Inc. wants to make sure that its branch managers are giving truthful consistent testimony at FINRA arbitrations.


And I am sure that Raymond James wants to know more about why you are alleged to have contradicted all of both your and their FINRA arbitration testimony.


Unless.


Unless you and they colluded and conspired to procure the FINRA arbitration award by fraud through a complex plan of perjury, subornation of perjury, spoliation of evidence, fraud and fraud upon the court.


Because I imagine if you and they did collude and conspire to procure the FINRA arbitration award by fraud, then Raymond James would be freaking out.  


Right.  


About.  


Now.


How you doin', Raymond James?  Is it just me -- or are you looking a little green?


Quick.  Go grab an air sickness bag if you need one several.  Some ginger ale and saltines might help.


Oh dear.  That's just nasty.  


Well, here's a short list of Raymond James representatives I'd invite to our little shindig.
  • Paul Reilly
  • Tom James
  • Kirk Bell
  • David Patchen
You know, Dwight -- I really think we should invite some friends and family to this little gathering.  


Here's my list.  Feel free to add to it.
  •  Susan and Bob Marshall. 
  •  Gloria and Dennis Saunders. 
  •  Dennis and Eleni Wanken. 
  •  Douglas and Kitsy Wanken. 
  •  Beverly Harrison 
  •  Betsy and Mike Niehoff 
  •  Margaret Holt 

And we can't forget the Kayla Katherine Kennedy Gingrich Burds Wanken contingent, right?!   Maybe we could do a bit of side business and get to the bottom of some of the questions raised in my last couple of posts while we're talking turkey and TWC.
  • Kayla Katherine Kennedy Gingrich Burds Wanken 
  • Maggie Gingrich Gallas 
  • Jeremy Gallas 
  • Claire Gingrich 
  • Claudia King 
  • The Myricks 
  • Philip Jordan John
  • Michael LaValle 
We *cannot* forget Michael LaValle. He should be there. Since, as I understand it, he is the counselor that I was supposed to go to personal counseling with Dwight Wanken. 


Go ahead. Google him. I triple dog dare you.  


Maybe we should invite some folks from CASA Dallas.  Yeah.   I think CASA Dallas would be very interested in all of this.


How about we invite Kathleen McElroy LaValle?


Oh. You know, while we're getting the band together, let's go ahead and invite the FINRA staff and arbitrators who were involved in this case. 


Just like Raymond James Financial Services, Inc., I am *sure* that FINRA wants to get to the bottom of this. 


I mean -- it's not every day that FINRA participants are alleged to have contradicted all of both their and their co-respondents' FINRA arbitration testimony on every material issue to state and federal agencies.


I am just absolutely positive that FINRA will want to investigate this on its own.  


Now that FINRA knows you can get the evidence, Dwight, I am just certain that FINRA will be on the horn with you to get copies of all the recordings and documents so they can conduct their own investigation of the alleged contradictions between your and Raymond James' FINRA arbitration testimony and the testimony you gave to the Texas Workforce Commission and the Internal Revenue Service after the FINRA arbitration concluded.


You don't think so?  No?!


Well, butter my butt and call me a biscuit.


I thought for sure that FINRA was concerned about market integrity.


Huh.


Well, let's invite them anyway.


Just don't go getting sick all over the place, FINRA.  


Let's see. We cannot not invite Elizabeth Muldoon and Matt Luzi. They'd just be distraught if they weren't part of the fun. So, they're on the list. 
  • Elizabeth Muldoon
  • Matt Luzi
  • Scott Carfello
  • Richard Ketchum
  • Stephen Luparello
  • J. Bradley Bennett
  • Howard Schloss
  • Grace Vogel
  • Linda Fienberg
  • Marianne Esser
  • Thomas Delaney
  • Michael Rohde
  • You know, I think we ought to invite Maxel "Bud" Silverberg too. 
  • And Malcolm Clarrissimeaux. It ain't a party without a guy like Malcolm Clarrissimeaux. 
Ah. And now, let's invite us some judges, shall we? I mean, I know you would not want to leave the judges out of this hootenanny.  


Anybody got their contact information handy?  That's OK.  I'll go ahead and do it the old-fashioned way.  I'll - um - look it up.  


You don't say?  Really?  


Heh-heh.   


We *could* invite the Supreme Court. But I reckon they're a bit busy. We'll stay local.   
  • Magistrate Jeff Kaplan. 
  • Judge Ed Kinkeade. 
  • Judge Jerry E. Smith. 
  • Judge Thomas Reavley. 
  • Judge Edward Prado. 
Huh. We might want to invite some folks from the FBI and the SEC too. OK. Don't worry. I'll add 'em.  


Who else has jurisdiction on this?


Department of Labor?


State Securities Board?


Better order some extra pizzas.


You know, while we're ordering pizzas, I'm going to invite some reporters.


You know who is going to be first on my list?


Jim Kennedy.  He's with the Associated Press.  


And from what I understand, he is closely related to Kayla Katherine Kennedy Gingrich Burds Wanken.  Like close as a brother.  


I have a bunch more.  He's just my VIP invitee.  I'm even giving him the all access garage pass.  


OK. We've got that guest list ready. But you know, we ought to tell these nice folks why this little soiree is so important. 


Do you want to do the honors, Dwight Wanken? 





Cat got your tongue? 


That's OK. I'll explain it to our big ol' group of peeps. 


You see, I have alleged that during TWC and IRS investigations conducted after the FINRA arbitration concluded, Dwight Wanken and Henry Simpson contradicted *ALL* of both their and Raymond James' (and their merry band of lawyers) FINRA testimony on every material issue that was before and decided by the FINRA arbitration panel. 





And I have also alleged that the only way that they could have had matching FINRA testimony that Dwight Wanken and N. Henry Simpson are alleged to have contradicted just months later is that they colluded and conspired to procure the FINRA arbitration award by fraud. 


For those of you joining us in the seventh inning (or is this the 16th inning and we're in overtime that just won't quit?), I have alleged the following in my cases to the district court, Fifth Circuit Court of Appeals and the Supreme Court of the United States of America... 


 I have alleged that... 
  • Dwight Wanken and Raymond James Financial Services, Inc. colluded and conspired to procure a favorable FINRA arbitration award through fraud. 
  • That the lawyers representing Dwight Wanken and Raymond James Financial Services, Inc. - including Erin Linehan, Mike Alford and Henry Simpson - were completely involved in the whole kit and caboodle (there it is again) and that they orchestrated the fraudulent procurement, which would constitute fraud upon the court. 
  • That Dwight Wanken, Raymond James, Mike Alford, Erin Linehan Reyes and Henry Simpson suborned perjury from the witnesses in the FINRA arbitration case. 
  • That Dwight Wanken, Raymond James Financial Services, Inc. and their lawyers and witnesses entered perjured testimony at the FINRA arbitration. 
  • That Dwight Wanken, Raymond James Financial Services, Inc., Erin Linehan Reyes and Henry Simpson intentionally spoliated all evidence that would contradict their intended perjured testimony. 
  • That Brady Sparks, Henry Simpson, Tom Gregor, Linda Broocks, Raymond James Financial Services, Inc. and Dwight Wanken knowingly perjured themselves in their briefs to the district court and Fifth Circuit Court of Appeals in their signed, sworn affidavits regarding the nature of the TWC evidence.
And I have alleged that the Texas Workforce Commission and Internal Revenue Service evidence is going to *prove* those allegations.

So, the only thing we need now is for Dwight Wanken to make a quick phone call to the TWC -- I'm pretty sure it's not even LD, right Dwight?! -- and we'll all get together for a confab of the truth.  


Here's the number, Dwight Wanken.


512-463-2222.



We can pass the evidence around.  

We'll get that IRS evidence too.  Just happen to have some of it handy.  

Heh-heh.

Just think of the f-u-n we're going to have, huh Dwight?!

I mean, if you've been telling the truth to the district court and the Fifth Circuit -- well then you've got nothing to worry about.

But if you haven't -- well, then I guess you and your lawyers got some 'splaining to do, right Dwight?



Right Brady Sparks?

Right Henry Simpson?

Right Erin Linehan Reyes?

Right Tom Gregor?

Right Linda Broocks?

I'll go get started on the queso.

I am *so* looking forward to our little fiesta!!

Eh.  Hold your horses.  I got more.


I may even get you an update before 'Dega.  


Like Carl Edwards, I'll finish this race if I have to get out of my wrecked car and run across the start/finish line.





Will this be Hendrick's weekend?   Another crazy finish?  


It *is* Talladega.




Come back and you'll get a sneak peek of the entertainment portion of the fiesta.


And we'll have a bit of a discussion on what it means to take an oath.  


And sign a sworn affidavit.


Some IRS discussion.


All that separate state case stuff.


And much, much more!

Arriba!


"Whoever digs a pit will fall into it, 
and a stone will come back on him who starts it rolling.
28 A lying tongue hates its victims,
and a flattering mouth works ruin."
Proverbs 26:27-28


"No one who practices deceit
shall dwell in my house;

no one who utters lies
shall continue before my eyes."

Psalm 101:7


"For the day of the Lord is near upon all the nations.
As you have done, it shall be done to you;
your deeds shall return on your own head."

Obadiah 1:15

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