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In re: St.
Rita’s Associates
Private Placement, L.P.
United States Bankruptcy Court
Western District of New York
(Bk. No. 96-13052B)
Damon & Morey used many of the same billing tactics on its
St. Rita’s Associates Private Placement client as it did
on Elia. It did not submit fee applications in a timely way in
that case as well as in the Elia case. EXHIBITS 18 & 40 This
tactic denies its clients any timely or reasonable opportunity
to object to overbillings. Then, Damon & Morey knowing that
it is inherently more credible to the Bankruptcy Court than its
debtor clients, also uses that advantage to collect on its untimely
and inflated fees.
Through its substantial experience in dealing with the Bankruptcy
Court, Damon & Morey knows what fee amounts it can “sell” to
the Court. For example, in the St. Rita’s case Mr. Savino
instructed a Damon & Morey employee to identify enough (i.e.
not all) of the “border line” charges to arbitrarily
get the fee application under $100,000. Damon & Morey originally
told St. Rita’s that its fees would be about $60,000 EXHIBIT
28
Damon & Morey uses outrageous tactics to discredit clients
that challenge its inflated fee applications. For instance, it
resorts to name-calling. Its St. Rita’s client was referred
to as “stinko”, a “miserable,
miserable engagement”, the “worst”, “haven’t
had a guy this bad since… “EXHIBIT 24 Also,
to substantiate its double billing in the St. Rita’s case,
in addition to disparaging his client, Mr. Savino accused his
client of initiating unwelcome advances toward a female Damon & Morey
associate thus “requiring” him to provide another
attorney to act as an escort. Mr. Savino then billed his client
for both attorneys. EXHIBIT 24 St. Rita’s
principals denied the allegations. |
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