The Crimes

The crimes perpetrated against Spencer C. Young and his business entities began on November 20, 2002, and not only continue unabated to this day, they have been substantially augmented to devastating effect in order to: (1) DEPLETE HIM OF RESOURCES necessary to pursue a mounting surfeit of civil claims, including leading a significant class action lawsuit against Morgan Stanley; and (2) EFFECTIVELY SILENCE HIM so that he will be unable to credibly expose the full breadth of illicit activities, the sponsorship by Morgan Stanley and Kirkland & Ellis, and the scores of accomplices in a remarkably vast and pernicious network of corruption that not only threatens the U.S Justice System, but Core American Values and U.S. Constitutional Rights.   FRESCA The collaborative transgressions of Morgan Stanley and Kirkland & Ellis ("MS/K&E") are best summarized by an acronym that also happens to be the name of a refreshing citrus soft drink ("FRESCA"), and therefore a helpful mnemonic device.  Each type of crime MS/K&E regularly engage in is defined below, followed by a summary of the circumstances pertaining to that which was perpetrated against Mr. Young, his business entities, investment properties, his family, friends and surrounding communities.   Fraud noun 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; While an Executive Director at Morgan Stanley, Mr. Young conceived of, developed and trademarked the ©IQ® ("Institutional Quality") brand of CMBS, firmly establishing this new franchise at the end of 2002 with the successful closing of the third such securitization.  Based on the incremental revenues the IQ® deals generated, this proprietary product possessed an intrinsic value in excess of $250 million.  In that year, Mr. Young also closed the largest monetization of farm loans on behalf of AXA/Equitable, earning the largest investment banking fee for Morgan Stanley's Securitized Products Group that year.  Although promised a "promotion" and "outsized bonus" if he reached these milestones, Mr. Young was the victim of a reprehensible Machiavellian scheme devised and executed by Warren Friend and John Westerfield, and later learned it was endorsed by Anthony ("Tony") Tufariello, resulting in being fired without cause and paid no bonus, while Warren Friend boldly lied in taking credit for Mr. Young's accomplishments. Moreover, MS/K&E sponsored an elaborate fraud through operatives (many times removed to preserve anonymity), intended to further smear Mr. Young's personal character and professional reputation, which is detailed in the website www.CABLEINCH.com.

Racketeering noun 1   the acts of obtaining money illegally, as by fraud or extortion     2   carrying on activities for profit involving crime     3   organized conspiracies dealing with illegal activities 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, the details of which are presented at www.CABLEINCH.com.

Extortion  noun 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.  The details of these perpetrated crimes are revealed at the www.CABLEINCH.com website.

Sabotage  noun      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, which is detailed throughout this website, as well as at www.CABLEINCH.com.

Corruption  noun 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.

Mr. Kempf also implemented a "take-no-prisoners war of attrition" approach to all Morgan Stanley litigation matters.  This involved launching vicious, and often fabricated personal attacks on the plaintiff, while dragging out the legal due process out as long as possible.  This way, those seeking legitimate claims against Morgan Stanley would give up from an overwhelming combination of physical exhaustion, emotional vexation, or depletion of resources necessary to continue. Tactics employed included: (1) deliberately withholding discovery information; (2) introducing incessant delays and postponements for entirely spurious reasons; (3) coordinating the timing of strife-laden events in order to overwhelm their "adversary"; (4) orchestrating erroneous rulings pernicious to their adversary's interests; (5) delivering thousands of pages of completely irrelevant documents without reference to the discovery information request to which they apply, intending to cover up their substantial noncompliance; and (6) paying off (via barter) adversary's counsel to delay the prosecution of their case and then resign at a most compromising and inopportune juncture for entirely contrived reasons such as "the attorney-client relationship has been irreparably damaged"; or the client has been "too difficult".  Donald Kempf was fired in 2005, after egregious instances of obstructing justice were publicly exposed and a $1.6 billion judgment was handed down.  This was reversed on appeal, based on a technicality concerning which state law should have applied, thereby raising questions over the extent corruption may have played a part in this decision on appeal.  Despite the ensuing public relations nightmare that resulted for Morgan Stanley, Mr. Kempf's policies have not only perpetuated, but they have become more vicious with the endorsement of CEO John Mack.  Accordingly, MS/K&E continue to regularly engage in profound obstruction of justice, and unlawful corrupt activities that make a mockery of the U.S. Constitution and the core rights of U.S. citizens, instances of which are described throughout this website, as well as at www.CABLEINCH.com.

Antitrust adjective  1  pertaining to laws governing unfair trade practices, which are designed to prevent restraints on trade by business monopolies, cartels, etc. 2  relating to what is effectively "competition law", having three main elements: (i) prohibiting agreements or practices that restrict free trading and competition between business entities, including the repression of cartels; (ii) banning abusive behavior by a firm dominating a market, or (iii) anti-competitive practices that tend to lead to such a dominant position. 3  antitrust practices may include "tying"  (the practice of linking the sale of one good or service to another economic event) and "refusal to deal" (any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or from whom goods are bought). Morgan Stanley engaged in extensive antitrust activities, manifested by its defamation campaign and tortious interference in Mr. Young's planned launch of an initiative that would have competed directly with Morgan Stanley's CMBS franchise, coined Project Atlas.  In instances where their fallacious attempts to defame Mr. Young were unsuccessful, they would then resort to outright threats of removing the firm from its investor lists and syndications rosters should they hire Mr. Young and his team.  These are clear antitrust instances of "tying" and "refusal to deal".

The Assault on American Rights Morgan Stanley and Kirkland & Ellis (a/k/a the "Two-Headed Monster") have an extensive and notorious history of collaborating on malicious strategies expressly intended to destroy the lives and livelihoods of those who dare file a claim against Morgan Stanley, which they carry out with a large club of corruption, a formidable weapon with remarkable reach.  As noted previously, this Monster came into being in 1999, after Donald Kempf was hired as Morgan Stanley's General Counsel, and his alma mater became lead outside counsel to Morgan Stanley. Although Kempf was fired in 2005, after Morgan Stanley's unlawful instances of obstructing justice were exposed in its litigation with Ron Perelman, the nightmare that began on November 20, 2002 for Mr. Young continues to this day, as the traditional courses of legal due process, law enforcement, ethical legal representation and strategic business alliances have been consistently gamed, obstructed, compromised and ultimately vanquished, by the continued corrupt and unlawful collaborative efforts of Morgan Stanley and Kirkland & Ellis ("MS/K&E"), thus perpetuating unimaginable pain and suffering for many, most especially those who rely on Mr. Young for financial support, including his four sons, his ex-wife, his fiance' and 82 year-old mother. And as MS/K&E have done to MANY others, the misdeeds noted herein have made a mockery of Spencer C. Young's core American rights to life, liberty and the pursuit of happiness, as well as specific constitutional rights, including the Right to : Legal Due Process -- MS/K&E engaged in activities involving widespread obstruction of justice and corruption-laden filibuster.  Their intent has been to delay a court hearing long enough, so that the applicable statute of limitations ensures the truth is never revealed.  In the matter at hand, this has been manifested by: (a) failing to produce over 90% of the requested documents and emails during pre-trial "Discovery"; (b) paying off, or otherwise unethically influencing adversary counsel (through a covert system of barter), to postpone scheduled hearings to the point of being deemed a "failure to prosecute", to concoct fabricated reasons to resign at a critical juncture (e.g., on the eve of a hearing, or deadline to file a motion or petition); or otherwise introduce delays that cause harmful consequences to those targeted by MS/K&E; and (c) exercising corrupt and unlawful influence over government and regulatory officials, as well as law enforcement at the Federal and local levels.  Note:  The "achilles heel" to such a strategy in this matter is that FRAUD is NOT subject to the statutes of limitations.

Protection of Property -- MS/K&E have been covertly sponsoring or otherwise influencing widespread commercial sabotage to Spencer Young's commercial real estate investments, the objectives of which are twofold: (1) deplete Mr. Young of resources necessary to pursue his growing civil claims against Morgan Stanley; and (2) portray Mr. Young as a suddenly incomptent manager, who has abruptly transmogrified into a misenthropic sociopath - in short, an outcast to be avoided (details are contained at www.CABLEINCH.com . Not to be Injured or Abused -- MS/K&E have engaged in deliberate character assassination, and have sponsored a smear campaign against Spencer Young.  For instance, of recent, over 40 false and disparaging articles have been written about him, portaying him as unreasonable, combative and incompetent (www.CABLEINCH.com contains the details).  Frankly, it would be a stretch to believe a person noted for his easy-going likeable nature, could achieve remarkable self-made success in commercial real estate, finance and investment, and cultivate a loyal institutional client following, and then suddenly turn into a cantankerous imbecilic failure, as he is portrayed in these articles. To Petition an Official for Redress of Grievances -- MS/K&E have unduly influenced law enforcement and regulatory policing officials to be non-responsive to Mr. Young's numerous pleas for redress.  This includes:  (1) the FBI's failure to investigate, nor otherwise respond to clearly articulated and readily corroborated indictments of Morgan Stanley's criminal activities that have crossed state lines; (2) the New York City District Attorney's failure to respond to indictments of Morgan Stanley criminal activities in New York; (3) NYS Supreme Court Disciplinary Committee's failure to investigate egregious repeat instances of legal malpractice by Mr. Young's lead counsel;  (4) the NASD's failure to investigate obvious arbitration panel tampering and a kangaroo-court dismissal; and (5) the North Carolina Attorney General's office failure to respond to a corruption-laden dismissal of a Chapter 11 bankruptcy filing for one of Mr. Young's LLCs (also detailed at www.CABLEINCH.com).

Other Constitutional Affronts In addition, MS/K&E have consistently failed to fulfill certain fundamental constitutional duties to . . . Obey the Laws -- MS/K&E have covertly sponsored acts of commercial sabotage at Spencer Young's investment properties that are patently illegal, ranging from punching holes in roofs, breaking storefront windows, destroying HVAC compressors, causing sewerage backups, disengaging alarm systems, blockading parking lots, cancelling parking permits, influencing property managers to grossly mismanage Mr. Young's investment properties, and paying off attorneys representing Mr. Young to substantially compromise his interests and legal pursuits, and filibuster the prosecution of his claims (see www.CABLEINCH.com).   Comply with Contract Terms -- Morgan Stanley not only failed to fulfill its contractual obligations with regard to a promised bonus and promotion, but instigated a fantastic fraud, and a malicious ensuing smear campaign intended to prevent him from luring away many of the large institutional clients, as he had done when he moved from JPMorgan to Morgan Stanley;  and Tell the Truth -- MS/K&E have engaged in a covert negative public relations campaign of propagating bold-faced lies and malicious prevarications, intended to destroy the career and reputation of Spencer C. Young -- for instance, their submitted Answer to Mr. Young's NASD Statement of Claim contained 97 bold-face lies and prevarications, which can be readily proved as such. . . that is, if Mr. Young were availed his right to due process.  They have also surreptitiously sponsored the publishing of over 40 false and disparaging articles, the details of which are revealed at the website www.CABLEINCH.com.

The Covert Assassination Program This strategy of destroying lives and livelihoods was first publicly revealed when Morgan Stanley was caught paying off a person to pose as an accomplice offering to circulate racially divisive emails to help a discrimination case brought by a young african-american associate by the name of Christian Curry, who had worked for Spencer Young.  Note that this is just one of the many reasons why Mr. Young is especially conversant in his understanding of Morgan Stanley's illicit activities -- in fact, he can recite chapter and verse to many of their dastardly methods. Morgan Stanley was admonished, and compelled to settle a group of discrimination cases for $52 million -- of this amount, roughly $20 million went to Christian Curry.  Notwithstanding, the only change that came about from this public relations debacle was a change in Morgan Stanley's system of payoffs, so as to preserve their anonymity, as well as the role of their partner in crime, Kirkland & Ellis. What hasn't changed is the Machiavellian planning and secretive execution of these "assassinations" - specificially the assassination of careers, reputations and livelihoods of those who may pose a threat to the Morgan Stanley franchise, and its business interests, or who could credibly expose their widespread unlawful business practices.