NASD Arbitration
On July 1, 2003, Spencer C. Young filed his arbitration claim against Morgan Stanley with the National Association of Securities Dealers ("NASD") after his many overtures for an amicable resolution were rebuffed. As is usually the case, Kirkland & Ellis was brought in to form the notorious MS/K&E obstruction of justice team.
The NASD Panel & Administrators
An NASD arbitration panel (the "NASD Panel") comprised of three individuals was formed after receiving feedback on a large group of candidates from both the plaintiff and defendant. They were:
⇨ James Hazard - Chairman (Public Arbitrator)
⇨ Janet Squitieri - Industry Arbitrator
⇨ Donald Stroetzel - Public Arbitrator
Oddly, strong exception was taken to having Donald Stroetzel on the Arbitation Panel, yet he was selected. Moreover, Janet Squitieri was not even in the group of candidates circulated for consideration, and was suddenly appointed to the NASD Panel hearing Mr. Young's case "at the 11th hour". When Mr. Young inquired how she was suddenly inserted and what her background was, he received no response.
The NASD case administrator was Bola Aguda, who behaved in an objective and impartial manner throughout. However in the midst of pre-trial, Mr. Aguda was suddenly removed from the case, and replaced by a fellow named Avi Rosenfeld, who engaged in unethical behavior so pronounced a request was made to have him removed from involvement with the case. The request was rebuffed by Rachel Glasgow, without commenting on the noted improprieties, indicating something was amiss.
Corruption at the NASD
When the NASD was advised legal counsel was about to be enga``ged to litigate Mr. Young's claim, Panelist Janet Squiteri was suddenly replaced with Judith MacDonald. Ms. MacDonald's extensive background as chief legal counsel for many different Wall Street firms was exceptionally biased and therefore unacceptable, Mr. Young was denied an opportunity to protest, or otherwise stop her obvious orchestrated insertion into the case. And during the week when the NASD was advised either Morelli-Ratner or the Boyd Law Group would be engaged as representative counsel, a hasty conference call was arranged by Mr. Rosenfeld on behalf of the NASD Panel at a date and time Mr. Young had said he could not participate. Moreover, he said he wanted his newly engaged attorney to participate, and suggested an alternate date when his attorney could be on the call.
The NASD went ahead with the call, and dismissed the case! So instead of preparing for the long awaited hearing, which Morgan Stanley would have assuredly lost due to the overwhelming evidence stacked against them, Mr. Young had to focus on getting the orchestrated case dismissal overturned. The NASD Panel rejected all requests to set aside the fraudulent dismissal, citing reasons that only confirmed orchestration by corrupt means.
How To Expose the Corruption
One of the ways MS/K&E unlawfully influences the outcome of a case, is by replacing those initially involved in a case with others willing to compromise their integrity -- and to have their way, they focus on those with "skeletons in their closet" to ensure the payoff overtures that don't pan out, remain a secret. In this case, those whom investigations of Fraud and Corruption should be focused on are:
⇨ Avi Rosenfeld
⇨ Rachel Glasgow
⇨ Janet Squitieri
⇨ Judith MacDonald
Moreover, an expanded investigation into MS/K&E matters inexplicably decided in their favor on an irrational basis will likely show their practice of unlawful was the cause -- and merely following the money is not enough. This is because bartered favors in exchange for unlawful acts has been employed ever since the Christian Curry debacle , where they were caught red-handed paying off someone to further a dastardly agenda. And to identify this, one need only look at whether the standard of living of those involved increased substantially shortly thereafter.