OCTAVIA R. PINA v. E & N FINANCIAL SERVICES AND DEVELOPMENT, FEDERAL BK NO. 8:13-bk-12037-ES, filed 12/04/13
Below are excerpts from the above referenced adversary proceeding regarding the falsification of documents by E & N Financial Services and Development.
"11. In fact, Plaintiff is informed and believes and thereon alleges that E & N was not assigned the Subject Note and Subject Deed of Trust as claimed by E & N and that E & N does not have and never had any right to payment on the subject notes. Plaintiff's information and belief is based upon the following:
a. On May 6, 2013, E & N filed a proof of claim claiming to be the holder of the Subject note. As part of that claim and its related motion for relief from stay, E & N has filed with the Court fabricated documents which it represented are true and correct copies of originals. Debtor has in his own files copies of the documents that he signed in year 2006 that are different from the copies that E & N filed with the Court. While at first glance the signatures in Debtors copies and the signatures in the documents that E & N filed with the Court "look alike" upon close examination it is easy to tell that the signatures are far from being identical. Furthermore, the location of the signature(s) within the pages varies greatly; some are right on the signature line and some well above the signature line, some are further to the left and some are further to the right. E & N's documents are bogus, manufactured documents and E & N does not hold the original Subject Note.
b. Plaintiff has obtained the report of document examiner Mike Wakshull, MS, CQE. Mr. Wakshull's findings are that the exhibits in Docket No. 99 and in support of E & N's claim are all the result of extensive and deliberate digital alterations." (PINA COMPLAINT, pg. 3-4, paragraph 11, see link to complaint below).
Click here to view PINA COMPLAINT - https://www.dropbox.com/s/mt64wo0i2ufa37h/Pina%20v.%20E%20%26%20N.pdf?dl=0
ISAAC COHEN v. AHRON ZILBERSTEIN, YORAM STERN, et. al., Los Angeles Superior Court Case no. BC211077, filed 06/14/07.
Below are excerpts of the allegations of multiple instances of forgery and fraud against Ahron Zilberstein against an elderly couple that were made in the above referenced complaint:
"38. Zilberstein, pursuant to the Oral Agreement, took control of Plaintiff's bank accounts and other assets. He further breached the oral agreement by, among other things, the following acts:
A. As a result of the January 17, 1994 Northridge Earthquake, Zilberstein made a claim on Plaintiff's insurance policy with Allstate Insurance. He adjusted (without license to to do) the earthquake claim for Plaintiff's residential property on Alta Avenue in Santa Monica, California and obtained checks from Allstate from July, 1994 to September, 1995, totaling some $362,319.75. Zilberstein forged Plaintiff's signature on the checks and diverted, for his own use and benefit, most of said funds.
B. In or about October, 1996, Zilberstein forged a letter bearing Plaintiff's name to All America Financial seeking a $55,000.00 loan against Plaintiff's life insurance policy. A true and correct copy of the forged letter is attached hereto as Exhibit "D." As a result, Zilberstein obtained loan proceeds of $54,744.11 against the cash value of Plaintiff's policy, forged Plaintiff's signature and diverted the funds for his own use and benefit.
C. On or about December 20, 1996, Zilberstein obtained 2 IRS Tax Refund checks payable to Plaintiff and Ruth Cohen. He forged the endorsement signatures for Isaac and Ruth Cohen on the checks and diverted the funds to his own use and benefit. Two checks in the amount of $70,564.00 and $45,241.99.
D. On or about December 20, 1996, Zilberstein drew a check on an account of Plaintiff for $10,000.00 and paid said sum to Cedros One. Plaintiff knows of no obligation to Cedros One.
E. During the period from 1995 to 1998, various transfers from Plaintiff's account at Fidelity federal bank have been made consisting of checks paid for no apparent reason to unknown persons and accounts. In addition, various transfers were made to escrow companies including, but not limited to Los Angeles Escrow Express, First City Escrow, and First Southwest Escrow for unknown purposes. Zilberstein has failed and refused to account for these transfers believed to total not less than $90,000.
F. In or about 1996, in connection with formation of AAA, ZILBERSTEIN took over control of Plaintiff's Pension Plan in AAA (Switch). Plaintiff's invested interest in said plan was distributed to Zilberstein to Zilberstein for his own use and benefit. Plaintiff received none of his vested pension believed to be in the sum not less than $100,000. " ( See COHEN Complaint, paragraph 38, click on link below).
Click here to view ISAAC COHEN COMPLAINT - https://www.dropbox.com/s/6r5ic16t85qvib2/Cohen%20v.%20Zilberstein-forgery.pdf?dl=0