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UPCOMING COURT HEARINGS & BASIC INFO Presiding Judge in Mark F. Cohn criminal case: Disclaimer: The "Four Star Financial Services, LLC" entity referred to throughout this site is in no way associated with "Four Star Financial, Inc." - the Indiana mortgage broker.
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« Trustee: Key Four Star Suspect In Hiding | Main | Investors Reach Tentative Settlement With Banks In Four Star Class Action » October 29, 2006 Dispute Between Former 4Star Accounting Firm and Bankrtuptcy Trustee Heats UpNow posted in the documents section of the web site is a pleading recently filed by attorneys for Burgess & Company seeking dismissal of a lawsuit filed by the Four Star bankruptcy Trustee. The Trustee filed suit against Burgess in 2005 accusing the CPA firm of malpractice in its role as former accountants for Four Star. The focus of the dispute now centers on whether the statute of limitations to file suit against Burgess had already expired when the Trustee filed its complaint in 2005. Issues surrounding when Four Star and its agents knew or should have known of the alleged Ponzi and financial fraud are in contention. In a separate joint status report filed on October 4th, both the Trustee and Burgess stated that the court case may eventually be "stayed" by an on-going criminal investigation of Four Star. To quote the status report: "Stay may be requested given criminal charges being brought against all officers of Four Star." Also posted in the documents section is a summary status report of the numerous adversarial proceedings filed by the Trustee. In recent months, the Trustee has settled a number of cases against defendants. According to a July filing, the Trustee has recovered more than $800,000 as a result of adversarial complaints. But the Trustee also listed litigation expenses for his recovery efforts at more than $300,000. In at least three instances, the Trustee has “voluntarily dismissed” (in other words, withdrawn) complaints against defendants. These include lawsuits filed against Miles Woodlief, a former Four Star attorney who now represents Mark Cohn; James Fornari, a former Four Star attorney based in New York; and Irell & Manella, a Los Angeles law firm that had represented Four Star up until 2003. No explanation was given by the Trustee for the voluntary dismissals. |
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