Morgan Stanley 's transgressions against Spencer C. Young began with employment fraud in New York, and eventually morphed into a scandal of epic proportion due to increasingly desperate efforts to cover-up their mounting transgressions with extensive CRIMINAL activities, which were principally perpetrated in North Carolina.
The Initial Fraud . . .
Morgan Stanley's initial misdeed pertained to DEFRAUDING Mr. Young, by expressly promising he would receive:
⇨ An "outsized" bonus;
⇨ A significant promotion; and
⇨ Expanded responsibilities . . .
. . . If he were to complete two "deliverables" :
⇨ Create the IQ® ("Institutional Quality") CMBS franchise; and
⇨ Monetize AXA Financial's farm loan portfolio
Mr. Young completed both deliverables in 2002 with great success, in that:
⇨ The IQ® franchise carried an intrinsic shareholder value of more than $250 million; and
⇨ The AXA deal earned the largest investment banking fee for his group that year . . .
. . . However, Morgan Stanley responded in a most disturbing manner:
⇨ Mr. Young was terminated without notice, without cause and without compensation, and
⇨ Morgan Stanley followed this up by engaging in a malicious smear campaign intended to prevent him from gaining re-employment
. . . And Associated Transgressions
The initial FRAUD is described in detail in Mr. Young's Statement of Claim, which was filed on July 1, 2003 with the NASD ("National Association of Securities Dealers"), which has since been replaced by a self-policing organization of financial institutions called FINRA (which stands for "Financial Industry Regulatory Authority"). In addition to this egregious FRAUD, this filed Claim specified other associated transgressions, including:
⇨ Breach of Contract -- both express and implied contractual obligations were not met;
⇨ Promissory Estoppel -- involving reliance on promises and incurring damages after those promises were not fulfilled;
⇨ Equitable Estoppel -- instances where material representations were relied upon, and damages realized based on such reliance
⇨ Quantum Meruit -- one who accepts and benefits from services provided must pay fair value for those services rendered
⇨ Defamation -- widely discrediting Mr. Young's achievements
⇨ Tortious Interference -- preventing Mr. Young's gainful re-employment on Wall St in a manner suggesting Antitrust violations
The FRESCA Crimes . . .
But this was only the beginning of Morgan Stanley's transgressions, for in collaboration with Kirkland & Ellis, they engaged in obstruction of justice and other CRIMINAL activities, which crossed state lines in their ongoing cover-up efforts, which steadily grew in magnitude and seriousness, much like what transpired in the Watergate scandal. These crimes included:
. . . or otherwise referred to as "FRESCA" crimes, which are further described below.
. . . And Their Ultimate IntentAnd what did Morgan Stanley intend to accomplish with their extensive attacks on Mr. Young?
What would cause Morgan Stanley to want to CRUSH someone in this manner? To begin with, such ruthlessness is deep-rooted within its culture, and has been publicly exposed in earlier scandals which erupted on the national stage, which all sharea common element with MorganStanleyGate -- to wit, intentional and often patently illegal efforts to destroy the lives of their adversaries. This was observed in: (1) The Christian Curry Scandal; (2) The Allison Schieffelin Scandal; and (3) The Ron Perelman Scandal (refer to the "Smears" section of this website for details on each). The parochial motivations of those responsible for the initial FRAUD in MorganStanleyGate are contained in the "Motives" section.
⇨ Deplete or otherwise steal his resources so he would be unable to pursue his mounting claims;
⇨ Undermine his credibility through malicious smear campaigns, so his claims would not be taken seriously;
⇨ Divert his attention from pursuit of his claims by sidetracking him with orchestrated crises (both business and personal); and
⇨ Amplify his strife through divisiveness with family members, by manipulating them into thinking he abandoned them.
An explanation of the FRESCA crimes follows, along with Morgan Stanley's culpability in each:
The FRESCA Crimes
1 intentional deception to cause a person to give up property or some lawful right
2 something said or done to deceive, trick or cheat; an artifice 3 a person who deceives or who is not what he or she pretends to be; an impostor;
In addition to the initial employment fraud discussed above, and ensuing fraud-based New York ("NY") smear campaign, which focused on discrediting Mr. Young's achievements on Wall Street, years later, there were other far more serious instances of CRIMINAL fraud, which were carried out with the assistance of unethical employment law attorneys in New York who were engaged to prosecute Mr. Young's claims (who were paid off to NOT prosecute Mr. Young's claims, and then abruptly resign, when inquiry was made about the lack of progress), and a variety of other frauds perpetrated in North Carolina ("NC").
The instances of fraud which crossed state lines into NC came in many forms: (1) a libelous smear campaign which manifested in over SIXTY false and disparaging articles appearing in local newspapers throughout the Triangle Region of NC; (2) similarly unethical attorneys in NC, who were engaged to represent Mr. Young's interests associated with his real estate investments in NC, who were similarly paid off to behave in precisely the same manner as the employment attorneys in NY; and (3) highly orchestrated "problems" for which there was NO solution (see the Sabotage section below).
1 carrying on activities for profit involving crime
2 organized conspiracies dealing with illegal activities
3 the acts of obtaining money illegally, as by fraud or extortion
Morgan Stanley has enjoyed the benefits of the IQ ® ("Institutional Quality") brand of CMBS, which was conceived of, developed by and trademarked by Mr. Young -- without compensating him, as contractually promised. Morgan Stanley then perpetrated an organized conspiracy entailing a vicious fraud, an extensive defamation campaign, and engaged in a form of tortious interference that was so stifling that it blocked Mr. Young's re-emergence in the CMBS marketplace and destroyed his once highly successful career. In so doing, Morgan Stanley protected this highly valuable product specifically, and their vast CMBS franchise, generally.
MS/K&E also surreptitiously cultivated a conspired effort to undermine the economic stability of Mr. Young's commercial real estate investments, in order to deplete him of the resources necessary to pursue his mounting claims, as well as depict Mr. Young as an incompetent.
1 the act of obtaining something of value (money, etc.) from someone by violence, threats, misuse of authority, etc.;
2 intentional exaction or wresting control of something of value (e.g., money) by unlawful means
3 unlawful demanding or receiving of any property or money not legally due to him
Morgan Stanley enriched itself by gross misuse of authority using its prodigious economic clout in a reprehensible manner by bullying or otherwise threatening other firms (or individuals) with economic blackmail if they hired Mr. Young and his Project Atlas team.
MS/K&E have also been intimately involved in an orchestrated foreclosure of one of Mr. Young commercial real estate investments, brought about by an extensive and criminal property sabotage that drove occupancy from 95% to 40%. The foreclosure was carried out by Wells Fargo (recipient of $25 Billion in Taxpayer Bailout Monies) through its Wachovia subsidiary, who reneged on the terms of a forbearance agreement that they drafted. Also involved was an instance of extensive corruption of a highly conflicted judge and among various law firms in North Carolina to deny Mr. Young and his affiliated companies of legal due process. Such transgressions wre intended to overwhelm Mr. Young with strife and deplete him of resources necessary to pursue his mounting civil claims.
1 intentional destruction of property by adversaries involved in a dispute;
2 destruction of property by enemy agents or some form of an underground subversive group;
3 the deliberate obstruction of or damage to any cause, movement, activity, effort, quest, pursuit, etc.
As noted above, MS/K&E derailed the launching of Mr. Young's integrated real estate capital markets initiative (Project Atlas) at certain rival financial instititions who had granted him offers (e.g., Barclays Capital, Allied Capital), and in one instance, contracts were drafted for the initial team of principals. Morgan Stanley senior executives made outright threats to their counterparts at these institutions, indicating they would be removed from future syndications and investor lists if they dare hired Mr. Young and his Project Atlas team.
MS/K&E also covertly sponsored "operatives" to sabotage Mr. Young's commercial real estate investments in a variety of ways, so as to: (1) undermine their economic viablility in order to deplete him of resources necessary to prosecute his case; (2) consume Mr. Young with personal strife through a variety of vexing matters orchestrated and timed for maximum effect, and intended to divert his attention and focus from prosecuting his mounting claims against Morgan Stanley; and (3) support their fallacious attempts to recast Mr. Young as a pariah and a suddenly incompetent manager of commercial real estate. With regard to this last method, MS/K&E sponsored a malicious assault on Mr. Young's personal character, professional competence and career achievements through a highly orchestrated smear campaign encompassing prevarication and bold-face lies propagated by word of mouth in the CMBS industry, by MS/K&E's filed "Answer" to Mr. Young's NASD Statement of Claim, and by instigating a surfeit of false and libelous articles concerning Mr. Young's investment in commercial real estate properties.
To manifest these misdeeds, MS/K&E developed a complex system of payoffs through bartered favors among notably unethical attorneys at various law firms, including lawyers representing Mr. Young, his investment company and affiliates, with the express objective of sabotaging his rights to legal due process.
1 evil, wicked or depraved behavior involving an illegal exchange;
2 the transfer of a benefit to an individual not be entitled to the benefit, in exchange for an illegal payment or favor (i.e., a bribe);
3 the degradation of an individual's ethical sense; or lack of moral integrity.
MS/K&E regularly engage in corruption to further an often insidious agenda. Those they corrupt include government officials, regulatory agency staff, attorneys at a number of law firms, law enforcement officers, disciplinary staff and court officials. Their undue influence is executed through an intricate system of surreptitious bartered arrangements and favors. Their methods have often been brazen, however in 1999, after being caught red-handed paying off a third-party in one of Morgan Stanley's many orchestrated ruses, their general counsel at the time (Christine Edwards) was forced to resign.
She was replaced by Donald Kempf, then a senior partner at Kirkland & Ellis and former Marine, who had been with the law firm for 34 years, and noted for his tough, intractable and vicious courtroom antics. And contrary to what one would otherwise expect, instead of scaling back Morgan Stanley's use of corruption, Mr. Kempf actually augmented it and went to extraordinary lengths to cloak it. He did this by replacing Davis Polk & Wardwell with Kirkland & Ellis, as Morgan Stanley's primary outside counsel, and then tasked them with administering influential payoffs principally through other law firms using an intricate system of barter and favors, so as to avoid detection.
1 A sudden or secretive killing
2 A murder carried out in a premeditated and treacherous manner
3 The destruction or treacherous harm of a person's character or reputation
Morgan Stanley has long collaborated with Kirkland & Ellis in various forms of assassination, targeting those deemed a threat to the Morgan Stanley franchise. Typically this takes the form of character assassination and the ruination of a person's reputation, accomplished by surreptitiously engaging third parties that specialize in destroying the lives of others -- yes there are people who make a living doing this. In the event such efforts do not succeed, they will order mafia-style contract "hits" arranged to be reported as accidents.