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THE ATTORNEYS
 
WILLIAM SAVINO
Mr. Savino lied to the Bankruptcy Court when Judge Kaplan inquired as to the extent of Damon... (read more below)
DANIEL BROWN

Lied to the District Court when Judge Arcara inquired as to whether Damon & Morey... (read more below)

BRIAN GWITT

Made false claims as to the fee amounts owed Damon & Morey. EXHIBIT 21
(read more below)
 
 


(Savino continued)
 

Mr. Savino lied to the Bankruptcy Court when Judge Kaplan inquired as to the extent of Damon & Morey’s conflict-of-interest in the December 22,1999 hearing stating that “The file was not opened as Construction Pacesetters versus Elia. And, in fact, I will tell Your Honor that these disbursements were billed to an unrelated file.”  In fact, the disbursement to attorneys Garvey & Garvey was fraudulently billed to related entity Cozad Construction for work on behalf of adverse creditor Construction Pacesetters (CPSI) against Elia. EXHIBIT 39

Mr. Savino lied to the Bankruptcy Court in his Responses to Elia’s Objection to Damon & Morey’s Sixth and Final Fee Application when he testified that “As this Court can observe from the docket herein, the Elias objected to essentially every proof of claim filed in this case.” EXHIBIT 25 In fact, Mr. Savino knew at the time of this testimony that Elia had paid over 97% of the claimants 100% of the amounts that they had claimed and that of the seven (7) objections to claims, six (6) were upheld by the Court.

Mr. Savino lied to the Bankruptcy Court in his Responses to Elia’s Objection to Damon & Morey’s Sixth and Final Fee Application when he testified that “…there is no evidence that the Elias ever intended to use the remaining shell of the Debtor to restart in business…”  In fact, Mr. Savino wrote in his August 10, 1999 letter to The Honorable John T. Elfvin that “It is and always has been D.A. Elia’s intention to return to operations once its bankruptcy case was closed.” EXHIBIT 29

  
THE ATTORNEYS INVOLVED

 

Mr. Savino disparages his clients personally and professionally to promote Damon & Morey inflated fee applications such as In the Matter of St. Rita’s Associates Private Placement (United States Bankruptcy Court, Western District of New York, Case # 96-13052 B) using words and phrases such as “stinko”, “these are the worst” “I haven’t had a guy this bad …”, “…what a miserable, miserable engagement this was…” to describe his clients to the Court. EXHIBIT 24 Mr. Savino employed similar tactics in the Elia case to falsely discredit his client.

 

 

(Brown continued)

Lied to the District Court when Judge Arcara inquired as to whether Damon & Morey had billed Elia for their conflicted representation. EXHIBIT 35

Misled the District Court by not disclosing that there were at least four (4) Damon & Morey in-house attorneys working for adverse creditor CPSI against Elia in the same case. EXHIBIT 8

Mislead the District Court by not disclosing that there were two (2) outside attorneys hired and paid by Damon & Morey to work for adverse creditor CPSI against Elia in the same case. EXHIBIT 6 & EXHIBIT 9

 

 

(Gwitt continued)

Made false claims as to the fee amounts owed Damon & Morey. EXHIBIT 21

Lied as to Elia’s intention to resume business operations after the bankruptcy case was closed. EXHIBIT 29

While with Damon & Morey represented Elia, then represented Damon & Morey against Elia in the same case after joining the law firm of ICE Miller. EXHIBIT 21