Frequently Asked Questions ("FAQs") An overview is presented in the form of FAQs, addressing the: Who . . . What . . . Why . . . Where . . . When and . . . How . . . of this matter

Who Who Is Responsible For This Nightmare? The audacious fraud that started it all was principally developed and perpetrated by Warren Friend and John Westerfield of Morgan Stanley's Commercial Mortgage Backed Securities ("CMBS") business, with a supportive role played by Anthony (a/k/a "Tony") Tufariello, who was head of the Morgan Stanley's Securitized Products Group for the Americas at the time.

Mug Shots Of note, Tony Tufariello was fired in November 2007 and John Westerfield was similarly fired in July 2008 for (among other things) their roles in procreating $3.7 billion in write-downs for Morgan Stanley in 2007 and $2.0 billion in 2008, pertaining to residential mortgages, subprime mortgages and related credit derivatives.  Both Tufariello and Westerfield are poster-boys for Wall Street greed and the current financial markets meltdown in that they regularly pulled down bonuses of $5 million to $10 million while actively supporting the burdening homeowners across the U.S. and throughout the world with mortgages they did not understand, nor could afford.  However, the most detestable of this trio is Warren Friend, who established a reputation for regularly taking credit for the work of others, pathological lying, and someone demonstratively devoid of a conscience. The extensive ensuing efforts to cover up this fraud via stonewalling, corruption and obstruction of justice were carried out by Andrew Clubok and Julie (Brennan) Jacobs, Partners at the law firm of Kirkland & Ellis.   In Mr. Young's opinion, these two attorneys regularly engage in a level of deceit and obstruction of justice that justifies their disbarment -- Case in point -- they deliberately withheld 91% of Mr. Young's affirmed discovery request, yet represented to the NASD that they had fully complied. These two exceptionally evil characters also appeared to relish the illicit strife they heaped on Mr. Young and his family.  So while "Andy" and "Julie" wove their web of deceit in legal due process, Messrs. Friend and Westerfield embarked on an extensive defamation campaign, and engaged the assistance of senior managers to ensure Mr. Young would not land at a rival Wall Street firm and bring a bevy of financial institution clients and a large slug of other CMBS business with him. Although not at the helm at the time these misdeeds were initiated, upon his rejoining the firm in July 2005, CEO John Mack was presented many opportunities to amicably resolve this matter.  He rebuffed all such good faith overtures with disdain and responded by increasing the frequency, breadth, magnitude and maliciousness of the attacks.  As a result of Mr. Mack's vicious and heartless behavior, a request for his resignation was made to the Morgan Stanley Board of Directors, as well as the Duke Board of Trustees for behavior unbecoming and pernicious to two Duke students at the time - to wit, Mr. Young's sons, Michael and Kevin Young, who were/are also both members of Duke Men's Lacrosse Team. Note:  There don't seem to be any images available on the internet for Warren Friend, nor Tony Tufariello.  If anyone visiting this website have such pictures, please forward via email, just click the above email button and attach.  In the meantime, a Pillsbury dough boy is used to depict Warren Friend because many clients (e.g., Aegon, State Farm and Union Central Life) often likened his chubbiness to this corporate cartoon character.  In addition, an image of Lucifer is used for Tony Tufariello, because he facially strikes a remarkable resemblance -- and so does John Mack, for that matter -- judge for yourself -- scary, isn't it?  Without question though, this group of six (an appropriate number) are greedy, ruthless and exceptionally evil -- and they represent the antithesis of hope, truth and possibility that the Obama era promises.

Project Atlas Who Are The Victims? The victims and those negatively impacted by the resultant collateral damage include: Spencer C. Young -- a once prominent Wall Street executive in the Commercial Mortgage Backed Securities ("CMBS") industry has been victimized for over six years, as his carefully cultivated career (see www.SCYInv.com for details) was deliberately and systematically decimated.  No person should be subjected to such malicious indignities, and the institutional bullies who relied on deceit and corruption to further an insatiable agenda of greed must be brought to justice Mr. Young's Family -- The deeply painful misery brought about by the misdeeds of Morgan Stanley and Kirkland & Ellis ("MS/K&E") has been unrelenting and overwhelming, and the debilitating level of stress caused the end of Mr. Young's marriage of 24 years, family dysfunction, and effective estrangement with his three older sons.  In addition, Mr. Young's ex-wife was afflicted with stress-induced pancreatic cancer, and one of his sons attempted suicide. Mr. Young's Friends -- Mr. Young had a wide circle of friends in the communities he lived, as well as in business, most especially in the CMBS industry.  Yet Mr. Young lost most of his friends as a result of an orchestrated assassination of Mr. Young's character through an aggressive word of mouth smear campaign throughout the CMBS market, and later with more than 40 false and disparaging articles appearing in local newspapers of the "Triangle" region of North Carolina, where Mr. Young relocated after Morgan Stanley had effectively destroyed his Wall Street career.  In fact, one friend confided concern about the risk being associated with Mr. Young carried immense risks, volunteering "if they can do this to you, they can do it to everybody".  Another friend who had the financial wherewithal to rescue Mr. Young, expressed consternation over doing so, because of fear of a retributive attack from what he referred to as the "Mack Mafia", based in North Carolina.

Project Atlas Mr. Young's communities -- the communities where Mr. Young has lived and invested in commercial real estate (Manhasset, NY; Chapel Hill, NC and Durham, NC) have been very negatively impacted by the commercial sabotage and corruption sponsored by MS/K&E.  This ranged from the foreclosure instigated by Morgan Stanley (who was primary mortgagee) and Wachovia (who was the home equity line mortgagee) on Mr. Young's primary residence in New York to the economic blight created at Mr. Young's investment properties from extensive commercial sabotage.  Notably, Morgan Stanley unlawfully prevented Mr. Young from earning an income sufficient to service the mortgage and then aggressively sought to foreclose on it, effectively evicting Mr. Young's now ex-wife while she was convalescing from extensive surgery, chemotherapy and radiation treatments for pancreatic cancer, and his three older sons from the home they were each raised in. "Project Atlas" Personnel --  Project Atlas was a fully integrated real estate capital markets business created by Mr. Young.  This initiative included a team of some of the top CMBS and Mortgage Finance executives and their staff, and Mr. Young had received offers to launch this business from othe Wall Street firms, which were later mysteriously revoked, which one senior executive confided was the result of threats made by senior Morgan Stanley executives if Mr. Young and his team were hired.  Including all planned phases of this project, more than 200 people were tortiously damaged.  (refer to the "Project Atlas" tab for more information);

What Transgressions Were Committed? This website reveals a wide range of perpetrated crimes including Fraud, Racketeering, Extortion, Sabotage, Corruption and Antitrust, or otherwise referred to as the FRESCA crimes.  It is this confluence of criminal activities that have been chronic and have increasingly grown in severity since November 20, 2002, such that the following manifestations have come to pass:

Assassination of a once successful career on Wall Street; Destabilization of investment properties; and Decimation of a once esteemed personal reputation. Which in turn, resulted in the: Destruction of a 24 year marriage; Dysfunction of a once close and loving family; and the Shattering of dreams for many At the outset of fiscal 2002, Spencer C. Young was contractually promised a: (1) promotion if he completed the development and trademarking of the IQ CMBS franchise; and (2) and outsized bonus if he completed a $500 million monetization of farm mortgage loans.  Although Mr. Young achieved both objectives with aplomb, he was fired without cause at the end of the year and received no bonus.  He was then subjected to a malicious defamation campaign and extensive tortious interference that effectively ended his Wall Street career.

David He then sought redress through traditional channels by filing a claim with the NASD; however, his case was stonewalled and dismissed without prejudice through corrupt influence.  His commercial properties have been subjected to extensive commercial sabotage and an entirely different smear campaign in order to to destabilize the properties, undermine his credibility and deplete him of resources necessary to lead a class action law suit against Morgan Stanley at the Federal level.  For details on the many instances of commercial sabotage and smear campaign, refer to www.CABLEINCH.com.   What Does " Magna Est Veritas Et Praevalebit " Mean? The Latin aphorism "Magna Est Veritas Et Praevalebit" is pervasive throughout this website -- it translates to "Truth Is Mighty And Shall Prevail".  Simply put, Mr. Young's quest is the manifestation of  "Magna Est Veritas Et Praevalebit" in "MorganStanleyGate".   What Approach is Being Undertaken? It is challenging enough for an individual to pry open the doors of justice in a complex and protracted matter involving significant franchise value and many vaunted careers at stake, especially when the adversaries include a large multinational financial services firm and global law firm, because there is a massive imbalance in available resources.  In the matter at hand, such a situation is further compounded because Morgan Stanley and Kirkland & Ellis regularly engage in FRESCA crimes, so the only chance a diminutive "David" (in this case, Spencer C. Young) would have in prevailing against the leviathan two-headed "Goliath" is to present "The Truth" in a cogent, thoughtful and compelling manner to as large an audience as possible.  This way, a matter that may otherwise appear incredulous, may be received and embraced by as large an audience as possible -- for there is strength in numbers, as well as in the truth.  And the truth is reached by merely exposing the transgressions of Morgan Stanley, Kirkland & Ellis and what works out to be a remarkably vast network of operatives.

Why Why Did Morgan Stanley/Kirkland & Ellis Engage In These Malicious Acts? The primary motivation for such heinous transgressions has been instatiable greed, so as to protect the Morgan Stanley CMBS franchise generally (worth $ billions), and a trademarked product, specifically.  But matters got out of hand, as Morgan Stanley, with the assistance of Kirkland & Ellis proceeded on an extensive and multi-faceted campaign (through operatives many times removed to preserve anonymity) to destroy the career and livelihood of someone capable of revealing this fantastic fraud, unsavory business practices, corruption, obstruction of justice and trampling on fundamental rights of U.S citizens.  [IMPORTANT NOTE: Throughout this website, wherever Morgan Stanley is implicated in a transgression, it should be understood that their efforts were likely supported in some manner by Kirkland & Ellis.]

iq As an Executive Director at Morgan Stanley, Mr. Young developed and trademarked an exceptionally valuable franchise (the IQ® "Institutional Quality" brand of CMBS), intrinsically worth approximately $250 million at the time of its initial development -- and perhaps carrying an implicit shareholder value exceeding $500 million before the recent meltdown of financial markets.  Moreover, Mr. Young had cultivated a loyal client following comprised of financial institutions, who were also significant market participants in the CMBS industry.  Many of these clients had earlier followed him from JPMorgan to Morgan Stanley, and were poised to follow him to another Wall Street firm -- that is until Morgan Stanley executed their Machiavellian plan to intercept all such opportunities.

MorganStanleyGate In fact, many group heads of Real Estate and related Capital Markets at clients who participated in Morgan Stanley's prior CMBS transactions agreed to resign, and work for Mr. Young in a competing real estate capital markets operation, coined "Project Atlas", which was reported as a cover story in the leading trade publicaton of the CMBS industry.  Such an event would not only have significantly devalued the IQ® product and negatively impacted the Morgan Stanley CMBS franchise, but it would have revealed their fantastic fraud early on.  As a result, Morgan Stanley went to outrageous lengths to undermine the launch of Project Atlas, as well as stonewall the adjudication of Mr. Young's now auspicious civil claims.   Why Is This Matter Referred To As " MorganStanleyGate " ? This matter bears many similarities to the Watergate scandal – for instance, the initial transgression was relatively minor from a pecuniary standpoint; however, the ensuing instances of corruption and cover-up exacerbated the situation, such that there will now be significant consequences.  A well-placed senior source who is revulsed by Morgan Stanley's unlawful business activities has served as a "Deep Throat", and has provided valuable information throughout this ordeal.  And as it occurred with Watergate, the truth was eventually uncovered and led not only to the demise of an administration, it cast a pall of public suspicion on the Executive Branch that some say never went away.  Given the American public's already jaundiced eye toward's Wall Street's greed and reckless management, the same may hold true for Morgan Stanley.

When When Did Morgan Stanley and Kirkland & Ellis Commit the FRESCA Crimes?   (Note:  Footnotes denoted in red are explained further in the "Footnotes" section of this website, where supporting documents are accessible via hyperlink.) Although reprehensible, the initial Fraud that was executed on November 20, 2002 pales in comparison to the extent and gravity of subsequent instances of Racketeering, Extortion, Sabotage, Corruption and Antitrust activities, along with the remarkably extensive efforts to cover them up. These instances of FRESCA have been unrelenting; however certain salient events are noteworthy: Nov.  2002     --  Warren Friend & John Westerfield of Morgan Stanley execute audacious fraud Dec.  2002     --  Morgan Stanley rebuffs Mr. Young's overture to settle the matter for $1.6 million Feb.  2002     --  Offer from Goldman Sachs was received and later mysteriously revoked Mar. 2002     --  Offer from JPMorgan Chase was received and later mysteriously revoked Apr. 2003      --  Keen interest in hiring Mr. Young is expressed by many Wall St. firms only to mysteriously turn cold (e.g., Lehman. Nomura)3  May  2003     --  Mr. Young hires renowned executive contract attorney, Al Sklover of Sklover & Associates Jun.  2003     --  Morgan Stanley rebuffs Mr. Young's final overture to amicably settle the matter Jul.   2003     --  Spencer  C. Young files $10 million complaint1 against Morgan Stanley with the National Association of Securities Dealers ("NASD") Aug. 2003     --  Morgan Stanley files an Answer with the NASD containing 97 bold-face lies, five examples of which are revealed in the "Assassination" tab Oct.  2003    --  Project Atlas core executive team of 8 is finalized Nov. 2003     --  Offer to launch a portion of Project Atlas at Barclays Capital is imminent; Other foreign banks (e.g., HSBC, BNP Paribas) express keen interest Dec. 2003     --  Foreign bank interest suddenly and inexplicably wanes Feb. 2004     --  Offer to launch certain components of Project Atlas is withdrawn for unknown reasons Mar. 2004    --  Mr. Young hires renowned Wall St executive litigator, Jeff Liddle of Liddle & Robinson, and Sklover stays on as Advisory Counsel May 2004     --  Offer to launch Project Atlas at Allied Capital (world's largest incubator firm) is again withdrawn for unspecified reasons Jun. 2004     --  Frustrated in being unable to obtain re-employment despite his strong background and track record4, Barclays Capital CEO Tom Kalaris confides in Mr. Young that Morgan Stanley has played a direct role in intercepting his various offers Dec. 2004     --  Triangle Village Auto Mall is purchased in a 1031 exchange  by Spencer C. Young Investments, Inc., to be rebranded as The Pit Stop of Durham5 Jan.  2005    --  Jeff Liddle of Liddle & Robinson agrees to an 18 month postponement of trial hearing without Mr. Young's approval or knowledge, thereby delaying resolution of the matter to more than two times the typical resolution time2 Feb. 2005    --   Meadowmont Village Condo of Chapel Hill is purchased by an affiliate of Spencer C. Young Investments, Inc. Sep 2005     --   The Courtyard of Chapel Hill5 is purchased by an affiliate of Spencer C. Young Investments, Inc. Mar 2006    --  In response to Mr. Young's inquiries concerning the status of Morgan Stanley's compliance with his discovery request, Jeff Liddle of Liddle & Robinson abruptly resigns, and is unable to provide a compliance checklist.  The Duke Lacrosse scandal erupts and consumes national attention - Mr. Young's oldest son, Michael is on the team.  Although he was one of the few players who never attended the now infamous party, an affadavit submitted by the Duke Lacrosse captains indicate otherwise.  Mr. Young importunes Liddle to reconsider, knowing the consequences would be dire. Apr. 2006    --  Rumors fly that Michael Young may be indicted and that operatives for Morgan Stanley are trying to influence his being "fingered" by an "unstable" and "easily manipulated victim" -- this way, Mr. Young's time and attention will be consumed during his scheduled NASD hearing in July-- Mr. Young hires detective and criminal defense lawyer to head this off and protect his son. May 2006    --  Jeff Liddle of Liddle & Robinson officialnotifies the NASD that he has resigned as lead counsel with the hearing only weeks away / hearing is postponed.  Durham Police Sergeant and Detective gain access to Michael Young's dorm with Duke University's authorization to interrogate Michael alone in his room, despite being instructed he is represented by legal counsel.  Jun 2006     --  Mr. Young's Defense attorney is only one able to meet with DA Nifong to present exculpatory evidence for son before indictments are handed down. Michael's best friend, Collin Finnerty is one of the three Duke Lacrosse players indicted..    Aug. 2006   -- Liddle's legal files are in shambles and show little pre-trial work accomplished and Mr. Young learns that 91% of his discovery request is unfulfilled Dec. 2006      -- Mr. Young informs NASD of difficulty in engaging replacement counsel; Corrupt arbitrator is inserted, and Mr. Young is not allowed to contest  Jan 2007     --  Mr. Young informs NASD of two potential law firms as replacement counsel, one of whom will be engaged in Feb.: claim revised to $250 million Feb 2007     -- Ratner & Morelli express interest in case, but delays decision for weeks; on the eve of engaging replacement counsel, the NASD dismisses the case Mar. 2007   -- Patrick Boyd of The Boyd Law Group and Al Sklover of Sklover & Donath prepare motion to reconsider dismissal, which is rebuffed by NASD Apr. 2007   -- Patrick Boyd renegs on his engagement to file amended claim for $280 million, so Young reverses the credit card retainer paid, which Boyd does not challenge And the horrors of this nightmare continue to this day, as Morgan Stanley and Kirkland & Ellis are desperately pushing to complete their coup de grace to finally silence Mr. Young by depleting him of assets necessary to pursue his claims, and destroying his reputation, so as to undermine his credibility.  Additional instances of extensive criminal activities principally perpetrated in North Carolina pare detailed at the website www.CABLEINCH.com.

Where Again Where Were The Transgressions Committed?   The unlawful activities associated with this FANTASTIC FRAUD have been carried out across state lines, principally in the states of New York and North Carolina.

Those perpetrated in New York occurred in Manhattan, and are described in the content of this website. Those perpetrated in North Carolina principally occured in the Triangle Region vectored by the municipalities of Raleigh, Durham and Chapel Hill, the details of which are articulated in the website content of www.CABLEINCH.com.

How How Can Such Damning Indictments Be Corroborated? The information presented herein is based on firm, compelling and unambiguous evidence. And the indictments rendered throughout this website can be readily supported by:

How 1)  Documents Retained -- Sensing that something might be amiss, Mr, Young retained important documents, which he thought might come in handy if Morgan Stanley (notorious for obstructing justice in Discovery) withheld such information.  Many of these documents are hyperlinked in the footnotes section of this website; 2)  Discovery -- Although Mr. Young's NASD Arbitration "discovery" request was substantially not complied with by Morgan Stanley (only 9% compliance was realized), there were some documents provided by that are helpful in proving the the case   3)  Inside Source --  A senior official at Morgan Stanley has been personally revulsed by Morgan Stanley's unsavory covert business practices, and has provided valuable information from time to time - a veritable "Deep Throat" source of information if you will.  4)  Client Reps -- The various client representatives noted herein (See Project Atlas section) can also readily provide testimony supporting Mr. Young's claims against Morgan Stanley. Moreover, with the commencement of investigations and due inquiry by appropriate law enforcement and regulatory personnel, a pattern of widespread unlawful practices will certainly be revealed -- however, what is especially disconcerting is the Morgan Stanley/Kirkland & Ellis corrupt reach is extensive, thereby potentially impeding an impartial and thorough investigation if not properly administered and supervised.  Case in point:  There have already been disturbing behavior irregularities demonstrated by the FBI (e.g., Maria Jocys, Head of the Raleigh FBI field office) and a complete lack of responsiveness from the New York City District Attorney's office, and thoroughly flummoxing and surreptitious behavior demonstrated by the New York State Supreme Court's Disciplinary Committee.

Scales How Should Justice Be Served? Specifically, the "justice" sought includes the following: Resignations -- The resignations are sought for Morgan Stanley CEO John Mack, and Managing Director Warren Friend, and Partners Andrew Clubok and Julie Brennan-Jacobs at the law firm of Kirkland & Ellis.  [Note: The resignations of former Morgan Stanley Managing Directors Tony Tufariello and John Westerfield were also sought, which occured in November 2007 and August 2008, respectively; Admissions -- A public admission of Morgan Stanley's culpability, specifying all personnel involved in the transgressions of this matter; Investigations -- Investigations carried out by appropriate law enforcement and regulatory authorities to determine how pervasive the noted unlawful practices truly are; Recompense -- Compensation for the original contractual obligations, as well as lost compensation and income resulting from Morgan Stanley's unlawful activities and tortious interference; Damages -- Monetary damages for the losses, pain, indignation and suffering thus manifested; Punitive Damages -- to aptly punish the repugnant behavior of bullies who believe they are above the law, treble damages are sought.