Neo-Nazi’s trial wraps up
By Natasha Korecki Federal Courts Reporter/nkorecki@suntimes.com Jan 4, 2011 06:59PM
In closing remarks at the trial of White Supremacist William White Tuesday, the lead prosecutor in the case conjured the murders of a Chicago judge’s family, then called White a “ghoul.”
The defense accused prosecutors of trying to inject emotion into the trial.
Assistant U.S. Attorney William Hogan detailed how White reacted in 2005 when he heard U.S. District Judge Joan Lefkow found her husband and mother murdered.
“Good for them! Was my first thought,” White wrote in an online posting to his hate website overthrow.com.
“Everyone involved in the (white supremacist Matthew) Hale trial has deserved assassination for a long time.”
After reading the entry, Hogan pointed at White in disgust.
“This ghoul sitting over here is washing his hands in Lefkow family blood,” Hogan said.
White, of Roanoke, Va., is on trial for posting personal information in 2008 on the same website about the foreperson who deliberated in Hale’s trial.
Hale was convicted of ordering the head of his security to kill Lefkow. That man was an FBI informant. Hale is now serving a 40-year sentence. A disgruntled litigant not tied to a hate group carried out the Lefkow slayings.
Prosecutors said White posted the juror’s information targeting “the susceptible ones, the stupid ones, the crazy ones” hoping someone would do harm to the juror.
“You don’t get to solicit murder and have it protected by the First Amendment,” Hogan said.
Defense lawyer Nishay Shanan said White has every right to post the information, that it was all public information and that White never asked anyone to harm the juror.
Shanan said it amounted to nothing more than harassment.
“Like it or not, the First Amendment protects that speech,” Shanan said.
“You can’t take protected free speech and suddenly make it a crime.”
White once posted similar information about the Miami Herald’s syndicated columnist Leonard Pitts, an FBI agent testified.
White ripped one of Pitts’ columns, called him a racial slur, then posted his personal information online.
The Pulitzer-prize winning columnist testified in a separate trial involving White in 2009.
White was eventually convicted on four counts. He was acquitted of three other counts in that trial, including the Pitts count.
Prosecutors called two former members of White’s group to testify about their involvement in White’s group, the American National Socialist Workers Party.
Each allegedly received letters from White after he was arrested with instructions on how they should testify before a grand jury, asserting that the website did not encourage criminal activity.
Michael Burks of Louisville, Ky., disagreed. He testified he interpreted some of White’s postings as invitations to do harm to others.
“I don’t know any other definition of ‘kill,’” Burks said, referring to one of White’s postings.
“When you give out his address and tell ‘em: ‘Kill this bastard,’ I don’t know what else it could mean.”
Wednesday, January 5, 2011
Bill White found guilty again, thanks to Phillip Anderson cooperating
Phil Anderson, a former ANSWP member, turned over letters Bill White wrote him from prison urging him and others not to harm a federal judge. The prosecution used the letters to help convict him. Could be facing 3 more years in prison.
http://www2.wsls.com/news/2011/jan/05/5/roanoke-neo-nazi-could-be-looking-3-more-years-pri-ar-754759/
http://www2.wsls.com/news/2011/jan/05/5/roanoke-neo-nazi-could-be-looking-3-more-years-pri-ar-754759/
A federal jury in Chicago took only a few hours to convict Roanoke Neo-Nazi Bill White on a charge related to threatening the former jury foreman.
No sentencing date has been set.
White's attorney, Nishay Sanan, said his next move will be to petition a judge to have a bond hearing on either January 18th or a few days afterward.
White will have served all the prison time required after his Roanoke convictions in late December 2009.
With the exception of a few days when White was released on bond in the late summer of 2009, White has been in prison since October 2008.
While White could receive a maximum sentence of 10 years in prison, Sanan expects federal prosecutors to ask for at least three years.
Sanan said he will argue at sentencing that White's time served should count toward his Chicago punishment.
Federal prosecutors said they believe White is exactly where he belongs--- in prison, and they intend to keep him there.
Prosecutors said two letters White wrote from Roanoke City Jail a few days after his initial incarceration helped prove their case.
White wrote to members of his American National Socialist Workers' Party, or ANSWP, urging them to reach out to the group's Chicago connections to make sure no one hurt the former jury foreman.
Prosecutors said the letters were proof White knew someone could act out on a post he wrote on his former website, overthrow.com, which prosecutors said essentially encouraged readers to harm the juror, the victim in this case.
Friday, December 10, 2010
Bill White moved from Berekley prison to OKC transfer center
In the middle of the night, and with no notice, ANSWP leader Bill White was dragged out of his prison cell, probably screaming, and put right on a plane to the Oklahoma City Federal inmate transfer facility. They never do give an inmate notice when they do this.
He will then be transferred to Illinois to stand trial on multiple felonies of threatening juries and judges and facing years more of prison time.
He will then be transferred to Illinois to stand trial on multiple felonies of threatening juries and judges and facing years more of prison time.
Wednesday, November 10, 2010
And Bill White loses again in court, tried to argues his mental illness was discriminated against.
Thanks to Meghan for sending me this via another email account.
From the public records: William A. White v. Secor Inc., et al
Case 7:2010-cv-00428
Document 20
MEMORANDUM OPINION by Hon. James C. Turk
“… Plaintiff complains that Rita Parker, the Director of the LCCC [Lebanon Community Correction Center], will not accept him from the Bureau of Prisons (“BOP”). The LCCC provides a half-way house programming for the BOP. Plaintiff argues that the defendants will not accept him into the half-way house program because of his alleged Narcissistic Personality Disorder and on-going violent behaviors. Plaintiff argues that the defendants are discriminating against him, in violation of the ADA [Americans with Disabilities Act], by not allowing him to participate in the half-way house program because of “the perception” of his personality disorder. Plaintiff filed a substantially similar action in White v. Secor, Inc., No. 7:10-cv-00345 (W.D. Va.), and plaintiff requests that the court take judicial notice of it. Plaintiff filed in that action a copy of a letter to establish his attempts to exhaust administrative remedies. Plaintiff also acknowledged in his prior complaint that he “does not actually suffer from Narcissistic Personality Disorder.” Plaintiff states that the diagnosing physician used improper methodology, and it was subsequently determined that the physician could not substantiate his diagnosis. Plaintiff requests as relief in the instant action an injunction compelling the defendants to accept his transfer from the Bureau of Prisons and damages of $1,000 per day after September 27, 2010 that the plaintiff is not transferred to the LCCC.
…To state a claim under Title III of the ADA, a person alleging discrimination must show, inter alia, that he is disabled within the meaning of the ADA and the defendant is a private entity that owns, leases, or operates a place of public accommodation…([including] an inn, … restaurant, a motion picture house,… an auditorium, … or other place of public gathering;”). However, by plaintiff’s own admission, plaintiff is not disabled within the meaning of the ADA. Plaintiff alleged that he does not, in fact, suffer from Narcisstic Personality Disorder. Thus, plaintiff does not qualify for relief under the ADA. Moreover, plaintiff fails to establish that the private correctional facility is a place of public accommodation… [DELETED - PREVIOUS CASES WHICH FOUND THAT A PRISON IS NOT A PLACE OF PUBLIC ACCOMMODATION UNDER THE LAW / PLACES OF PUBLIC ACCOMMODATION DO NOT INCLUDE PRISONS]. Accordingly, the court dismisses the action without prejudice as frivolous because plaintiff readily admitted he is not disabled and seeks a prison transfer under ADA. III.
For the foregoing reasons, the court dismisses the complaint without prejudice as frivolous, pursuant to 42 U.S.C. …1997e(c), and denies the remaining motions as moot…”
ENTER: this 5th day of November, 2010. James C. Turk Senior United States District Judge
From the public records: William A. White v. Secor Inc., et al
Case 7:2010-cv-00428
Document 20
MEMORANDUM OPINION by Hon. James C. Turk
“… Plaintiff complains that Rita Parker, the Director of the LCCC [Lebanon Community Correction Center], will not accept him from the Bureau of Prisons (“BOP”). The LCCC provides a half-way house programming for the BOP. Plaintiff argues that the defendants will not accept him into the half-way house program because of his alleged Narcissistic Personality Disorder and on-going violent behaviors. Plaintiff argues that the defendants are discriminating against him, in violation of the ADA [Americans with Disabilities Act], by not allowing him to participate in the half-way house program because of “the perception” of his personality disorder. Plaintiff filed a substantially similar action in White v. Secor, Inc., No. 7:10-cv-00345 (W.D. Va.), and plaintiff requests that the court take judicial notice of it. Plaintiff filed in that action a copy of a letter to establish his attempts to exhaust administrative remedies. Plaintiff also acknowledged in his prior complaint that he “does not actually suffer from Narcissistic Personality Disorder.” Plaintiff states that the diagnosing physician used improper methodology, and it was subsequently determined that the physician could not substantiate his diagnosis. Plaintiff requests as relief in the instant action an injunction compelling the defendants to accept his transfer from the Bureau of Prisons and damages of $1,000 per day after September 27, 2010 that the plaintiff is not transferred to the LCCC.
…To state a claim under Title III of the ADA, a person alleging discrimination must show, inter alia, that he is disabled within the meaning of the ADA and the defendant is a private entity that owns, leases, or operates a place of public accommodation…([including] an inn, … restaurant, a motion picture house,… an auditorium, … or other place of public gathering;”). However, by plaintiff’s own admission, plaintiff is not disabled within the meaning of the ADA. Plaintiff alleged that he does not, in fact, suffer from Narcisstic Personality Disorder. Thus, plaintiff does not qualify for relief under the ADA. Moreover, plaintiff fails to establish that the private correctional facility is a place of public accommodation… [DELETED - PREVIOUS CASES WHICH FOUND THAT A PRISON IS NOT A PLACE OF PUBLIC ACCOMMODATION UNDER THE LAW / PLACES OF PUBLIC ACCOMMODATION DO NOT INCLUDE PRISONS]. Accordingly, the court dismisses the action without prejudice as frivolous because plaintiff readily admitted he is not disabled and seeks a prison transfer under ADA. III.
For the foregoing reasons, the court dismisses the complaint without prejudice as frivolous, pursuant to 42 U.S.C. …1997e(c), and denies the remaining motions as moot…”
ENTER: this 5th day of November, 2010. James C. Turk Senior United States District Judge
Bill White loses again: Judge denies motion to dismiss civil suit verdict
Hopefully Bill White is smart enough to know under RICO laws that any members of the ANSWP can be forced to pay this judgment. People like Phillip Anderson, Bernadette Blevins aka Bernadette Heikkilla aka Bernie Blevins and a dozen other names, Michael Blevins, Chris Drake etc. He should be turning over their names to the judge right about... now....
Unnamed Citizen A et al v. White et al
FINAL JUDGMENT ORDER denying defendant’s [131 Motion to Set Aside the Verdict, Reducing jury’s award of compensatory damages against Defendant American National Socialist Worker’s Party; and whatever else as set forth in the order. Judgment Index Record entered in favor of Annette Reddick against American National Socialist Workers Party, LLC, William A. White; in favor of Tasha Reddick against American National Socialist Workers Party, LLC, William A. White; in favor of Tiese Mi tchell against American National Socialist Workers Party, LLC, William A. White; in favor of Arlene Carter against American National Socialist Workers Party, LLC, William A. White; in favor of Crystal Lewis against American National Socialist Workers Party, LLC, William A. White. Signed by Judge James C. Turk on 11/8/10. (sas)
Nov. 8, 2010
Civil Action No. 7:09-cv-00057
FINAL JUDGMENT ORDER
by Hon. James C. Turk
This Court, being of the opinion that all parties had the benefit of a fair and impartial trial, denies all post-trial motions filed in this case, to wit, Defendant William A. White’s Motion to Set Aside the Verdict.
On the Court’s own motion, the jury’s award of compensatory damages against Defendant American National Socialist Worker’s Party is reduced from $280,000 to $265,000 so as to conform to the total award of damages against Defendant White, the liability both defendants being joint and several.
In accordance with the jury verdict as amended, it is that each of the plaintiffs named below have judgment against and recover from Defendants White and American National Socialist Worker’s Party jointly and severally in the amount listed beside each name, plus interest at the legal rate from the date of this Order until paid, plus each plaintiff’s taxable costs:
Annette Reddick, $45,000
Tasha Reddick, $55,000
Tiese Mitchell, $55,000
Arlene Carter, $65,000
Crystal Lewis, $45,000
It is further ORDERED that plaintiffs recover nothing from defendants by way of punitive damages. The Court affirms the jury’s findings that Defendant White’s actions were willful and malicious, and therefore non-dischargeable in bankruptcy…
From: From: http://docs.justia.com/cases/federal/district-courts/virginia/vawdce/7:2009cv00057/72643/138/
Unnamed Citizen A et al v. White et al
FINAL JUDGMENT ORDER denying defendant’s [131 Motion to Set Aside the Verdict, Reducing jury’s award of compensatory damages against Defendant American National Socialist Worker’s Party; and whatever else as set forth in the order. Judgment Index Record entered in favor of Annette Reddick against American National Socialist Workers Party, LLC, William A. White; in favor of Tasha Reddick against American National Socialist Workers Party, LLC, William A. White; in favor of Tiese Mi tchell against American National Socialist Workers Party, LLC, William A. White; in favor of Arlene Carter against American National Socialist Workers Party, LLC, William A. White; in favor of Crystal Lewis against American National Socialist Workers Party, LLC, William A. White. Signed by Judge James C. Turk on 11/8/10. (sas)
Nov. 8, 2010
Civil Action No. 7:09-cv-00057
FINAL JUDGMENT ORDER
by Hon. James C. Turk
This Court, being of the opinion that all parties had the benefit of a fair and impartial trial, denies all post-trial motions filed in this case, to wit, Defendant William A. White’s Motion to Set Aside the Verdict.
On the Court’s own motion, the jury’s award of compensatory damages against Defendant American National Socialist Worker’s Party is reduced from $280,000 to $265,000 so as to conform to the total award of damages against Defendant White, the liability both defendants being joint and several.
In accordance with the jury verdict as amended, it is that each of the plaintiffs named below have judgment against and recover from Defendants White and American National Socialist Worker’s Party jointly and severally in the amount listed beside each name, plus interest at the legal rate from the date of this Order until paid, plus each plaintiff’s taxable costs:
Annette Reddick, $45,000
Tasha Reddick, $55,000
Tiese Mitchell, $55,000
Arlene Carter, $65,000
Crystal Lewis, $45,000
It is further ORDERED that plaintiffs recover nothing from defendants by way of punitive damages. The Court affirms the jury’s findings that Defendant White’s actions were willful and malicious, and therefore non-dischargeable in bankruptcy…
From: From: http://docs.justia.com/cases/federal/district-courts/virginia/vawdce/7:2009cv00057/72643/138/
Sunday, October 31, 2010
Little Hal Turner in big trouble in bankruptcy court.
I'll just let everyone read this and come up with their own conclusion.
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Case 10-02305-DHS Doc 1 Filed 09/30/10 Entered 09/30/10 17:06:31 Desc Main
Document Page 1 of 7
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY
FORMAN HOLT ELIADES & RAVIN LLC
80 Route 4 East, Suite 290
Paramus, New Jersey 07652
201-845-1000
Attorneys for Benjamin A. Stanziale, Jr.
Case No.: 10-15164 (DHS)
Chapter 7 Trustee
Judge: Hon. Donald H. Steckroth
Joseph M. Cerra (JC 0903) Chapter: 7
In re:
HAROLD C. TURNER,
Debtor.
___________________________________________
BENJAMIN A. STANZIALE, JR., Chapter 7 Trustee,
Plaintiff, Adv. Pro. No. 10-
- against -
HAROLD C. TURNER,
Defendant.
COMPLAINT OBJECTING TO DISCHARGE,
AND FOR TURNOVER AND AN ACCOUNTING
Benjamin A. Stanziale, Jr., chapter 7 trustee (“Plaintiff”) of the estate of Harold C. Turner,
Debtor (“Debtor”), by and through his attorneys, Forman Holt Eliades & Ravin LLC, by way of
complaint against Harold C. Turner (“Defendant”), sets forth as follows:
PROCEDURAL BACKGROUND
1. On February 24, 2010 (the “Filing Date”), the debtor Harold C. Turner (the ‘Debtor”)
filed a voluntary petition pursuant to Chapter 7 of Title 11 of the United States Code (the
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Document Page 2 of 7
“Bankruptcy Code”).
2. Benjamin A. Stanziale, Jr. was appointed Chapter 7 Trustee (the “Trustee”) for the
Debtor’s estate on February 24, 2010.
JURISDICTION AND VENUE
3. This adversary proceeding is brought under Case No. 10-15164 (DHS) now pending
before this Court.
4. This Court possesses jurisdiction over the subject matter of this action pursuant to 28
U.S.C. §§157(b)(1) and 1334(b), as this action arises under, in, or is related to a case under the
Bankruptcy Code.
5. This Court further possesses jurisdiction according to the terms of the “District Court
General Order of Reference” of the United States District Court for the District of New Jersey dated
July 23, 1984, as it arises under the Debtors’ Chapter 7 bankruptcy cases pending in this Court.
6. This adversary proceeding is brought pursuant to 11 U.S.C. §§542 and 727.
7. This is a core proceeding within the meaning of 28 U.S.C. §157(b)(2)(A), (E), (J) and
(O).
8. Venue is proper under 28 U.S.C. §1409(a).
FACTUAL ALLEGATIONS
9. The Debtor, who publicly identifies publicly known as “Hal Turner,” is an internet
blogger who hosted an internet radio program on what he called the “Turner Radio Network.” Over
the years, the Debtor gained notoriety, in some circles, for his extreme right-wing political beliefs
and his support of what he called the “pro-white movement.”
10. The debtor’s petition and schedules indicate that he owes about $95,000 in unsecured
debt. He has no secured debt according to his petition and schedules. He apparently resides in a
2
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Document Page 3 of 7
condominium that he shares with his wife, Phyllis Turner. He scheduled neither rent payments nor
mortgage payments.
11. He claims to live on government subsidies of about $860 per month and claims
expenses of about $960 per month.
12. His wife, Phyllis Turner, filed for bankruptcy in 2001. In her petition and schedules,
she claimed that she was the 100% owner of the condominium, which she valued at $87,400 with a
first-lien of $69,000. She exempted her equity and the property was abandoned by her trustee,
Carmen Maggio.
13. The Debtor was recently convicted on charges of making terroristic threats against
three United States Circuit Judges, having written on his blog that they “deserve to be killed.” He
has been tried on the same charges two prior occasions in the United States District Court for the
Eastern District of New York on these charges - both times to hung juries.
14. The docket of the Debtor’s criminal proceedings identifies three attorneys as his
defense counsel. Two of them are private practice attorneys; neither is scheduled as a creditor in his
bankruptcy filings. The Debtor does not indicate anywhere on his petition how he has paid his
criminal defense attorneys.
15. The Debtor frequently commented during his radio broadcasts of his overall net
worth. During a broadcast in October 2007, the Debtor stated:
My house is paid off. My cars are paid off. I’ve got $100,000 in Fidelity Mutual
Funds and another $150,000 in Commerce Capital. That totals $250,000 cash. How
many others in the movement can say that? Yet some deride me as begging for
money when I can buy and sell just about any of them.
16. The Trustee issued a Rule 2004 subpoena to the Debtor requesting that he appear for
examination and produce various documents pertaining to his assets and net worth.
17. On August 3, 2010, the date on which the Debtor was obligated to produce
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documents by 4 p.m., the Debtor’s counsel called the Trustee’s counsel to advise that the Debtor
would not produce documents on August 3, 2010 and could not appear for the Rule 2004
examination scheduled for the next day.
18. Thereafter, the Trustee filed a motion with this Court seeking to extend the deadline
to file a non-dischargeability complaint against the Debtor. The Court granted the motion, extended
the deadline to file until September 30, 2010, and provided in the Order that the Debtor must sit for
the Rule 2004 examination and produce documents no later than September 10, 2010.
19. The Debtor did not comply with the deadlines in the Court’s order.
20. On September 15, 2010, the Trustee’s counsel wrote to the Debtor requesting his
prompt compliance with the Order requiring him to make Rule 2004 disclosures and appear for a
Rule 2004 examination. This letter was copied to the Debtor’s bankruptcy attorney.
21. Neither the Debtor nor his counsel thereafter contacted the Trustee’s counsel to
arrange for compliance with the Court’s Order.
FIRST COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(3))
22. Plaintiff repeats the allegations of Paragraphs “1” through “21” as if set forth at
length here.
23. Defendant has destroyed or failed to keep or preserve any recorded information,
including books, documents, records, and papers, from which Defendant’s financial condition or
business transactions might be ascertained.
WHEREFORE, Plaintiff demands judgment against Defendant denying the Defendant’s
discharge pursuant to Section 727(a)(3) of the Bankruptcy Code; awarding to Plaintiff his costs of
suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
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deems just and proper.
SECOND COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(4)(A))
24. Plaintiff repeats the allegations of Paragraphs “1” through “21” as if set forth at
length here.
25. Defendant failed to disclose the cash values of various assets, including Fidelity
Mutual Funds account and his Commerce Capital account.
26. Defendant signed his schedules under penalties of perjury.
27. Defendant knowingly and fraudulently, in or in connection with their case, made a
false oath or account.
WHEREFORE, Plaintiff demands judgment against Defendant denying Defendant’s
discharge pursuant to Section 727(a)(4)(A) of the Bankruptcy Code; awarding to Plaintiff his costs
of suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
deems just and proper.
THIRD COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(4)(D))
28. Plaintiff repeats the allegations of Paragraphs “1” through “27” as if set forth at
length here.
29. The Debtor failed to turnover to Plaintiff recorded information, including books,
documents, records, and papers, relating to their property or financial affairs.
WHEREFORE, Plaintiff demands judgment against Defendant denying the Defendant’s
discharge pursuant to Section 727(a)(4)(D) of the Bankruptcy Code; awarding to Plaintiff his costs
of suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
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deems just and proper.
FOURTH COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(5))
30. Plaintiff repeats the allegations of Paragraphs “1” through “29” as if set forth at
length here.
31. According to the Debtor’s public pronouncements, he possessed assets sufficient to
pay his creditors in full at times prior to the Filing Date.
32. Defendant has failed to explain satisfactorily any loss of assets or deficiency of assets
to meet his liabilities.
WHEREFORE, Plaintiff demands judgment against Defendant denying Defendant’s
discharge pursuant to Section 727(a)(5) of the Bankruptcy Code; awarding to Plaintiff his costs of
suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
deems just and proper.
FIFTH COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(6))
33. Plaintiff repeats the allegations of Paragraphs “1” through “32” as if set forth at
length here.
34. The Debtor has disobeyed a lawful order of this Court to produce documents in
response to the Trustee’s Rule 2004 notice.
35. The Debtor has disobeyed a lawful order of this Court to testify pursuant to the
Trustee’s Rule 2004 and the refusal to testify was not on based on his privilege against self-
incrimination.
WHEREFORE, Plaintiff demands judgment against Defendant denying Defendant’s
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discharge pursuant to Section 727(a)(6) of the Bankruptcy Code; awarding to Plaintiff his costs of
suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
deems just and proper.
SIXTH COUNT
(Accounting Pursuant to 11 U.S.C. §542)
36. Plaintiff repeats the allegations of Paragraphs “1” through “35” as if set forth at
length here.
37. The Debtor is in control, possession, custody or control of property which is property
of the estate.
38. Accordingly, pursuant to the provisions of Section 542(a) of the Bankruptcy Code,
the Debtor must account and turn over to the Trustee that property which is property of the estate.
WHEREFORE, Plaintiff demands judgment against the Defendant requiring him to account
and turn over to the estate, pursuant to 11 U.S.C. §542(a), property of the estate; awarding to
Plaintiff his costs of suit, including reasonable attorneys’ fees; and granting to Plaintiff such other
relief as this Court deems just and proper.
Respectfully submitted,
FORMAN HOLT ELIADES & RAVIN LLC
Attorneys for Trustee
By:_/s/ Joseph M. Cerra_______________________________
Joseph M. Cerra
Dated: September 30, 2010
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Document Page 1 of 7
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY
FORMAN HOLT ELIADES & RAVIN LLC
80 Route 4 East, Suite 290
Paramus, New Jersey 07652
201-845-1000
Attorneys for Benjamin A. Stanziale, Jr.
Case No.: 10-15164 (DHS)
Chapter 7 Trustee
Judge: Hon. Donald H. Steckroth
Joseph M. Cerra (JC 0903) Chapter: 7
In re:
HAROLD C. TURNER,
Debtor.
___________________________________________
BENJAMIN A. STANZIALE, JR., Chapter 7 Trustee,
Plaintiff, Adv. Pro. No. 10-
- against -
HAROLD C. TURNER,
Defendant.
COMPLAINT OBJECTING TO DISCHARGE,
AND FOR TURNOVER AND AN ACCOUNTING
Benjamin A. Stanziale, Jr., chapter 7 trustee (“Plaintiff”) of the estate of Harold C. Turner,
Debtor (“Debtor”), by and through his attorneys, Forman Holt Eliades & Ravin LLC, by way of
complaint against Harold C. Turner (“Defendant”), sets forth as follows:
PROCEDURAL BACKGROUND
1. On February 24, 2010 (the “Filing Date”), the debtor Harold C. Turner (the ‘Debtor”)
filed a voluntary petition pursuant to Chapter 7 of Title 11 of the United States Code (the
--------------------------------------- 2
Case 10-02305-DHS Doc 1 Filed 09/30/10 Entered 09/30/10 17:06:31 Desc Main
Document Page 2 of 7
“Bankruptcy Code”).
2. Benjamin A. Stanziale, Jr. was appointed Chapter 7 Trustee (the “Trustee”) for the
Debtor’s estate on February 24, 2010.
JURISDICTION AND VENUE
3. This adversary proceeding is brought under Case No. 10-15164 (DHS) now pending
before this Court.
4. This Court possesses jurisdiction over the subject matter of this action pursuant to 28
U.S.C. §§157(b)(1) and 1334(b), as this action arises under, in, or is related to a case under the
Bankruptcy Code.
5. This Court further possesses jurisdiction according to the terms of the “District Court
General Order of Reference” of the United States District Court for the District of New Jersey dated
July 23, 1984, as it arises under the Debtors’ Chapter 7 bankruptcy cases pending in this Court.
6. This adversary proceeding is brought pursuant to 11 U.S.C. §§542 and 727.
7. This is a core proceeding within the meaning of 28 U.S.C. §157(b)(2)(A), (E), (J) and
(O).
8. Venue is proper under 28 U.S.C. §1409(a).
FACTUAL ALLEGATIONS
9. The Debtor, who publicly identifies publicly known as “Hal Turner,” is an internet
blogger who hosted an internet radio program on what he called the “Turner Radio Network.” Over
the years, the Debtor gained notoriety, in some circles, for his extreme right-wing political beliefs
and his support of what he called the “pro-white movement.”
10. The debtor’s petition and schedules indicate that he owes about $95,000 in unsecured
debt. He has no secured debt according to his petition and schedules. He apparently resides in a
2
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Document Page 3 of 7
condominium that he shares with his wife, Phyllis Turner. He scheduled neither rent payments nor
mortgage payments.
11. He claims to live on government subsidies of about $860 per month and claims
expenses of about $960 per month.
12. His wife, Phyllis Turner, filed for bankruptcy in 2001. In her petition and schedules,
she claimed that she was the 100% owner of the condominium, which she valued at $87,400 with a
first-lien of $69,000. She exempted her equity and the property was abandoned by her trustee,
Carmen Maggio.
13. The Debtor was recently convicted on charges of making terroristic threats against
three United States Circuit Judges, having written on his blog that they “deserve to be killed.” He
has been tried on the same charges two prior occasions in the United States District Court for the
Eastern District of New York on these charges - both times to hung juries.
14. The docket of the Debtor’s criminal proceedings identifies three attorneys as his
defense counsel. Two of them are private practice attorneys; neither is scheduled as a creditor in his
bankruptcy filings. The Debtor does not indicate anywhere on his petition how he has paid his
criminal defense attorneys.
15. The Debtor frequently commented during his radio broadcasts of his overall net
worth. During a broadcast in October 2007, the Debtor stated:
My house is paid off. My cars are paid off. I’ve got $100,000 in Fidelity Mutual
Funds and another $150,000 in Commerce Capital. That totals $250,000 cash. How
many others in the movement can say that? Yet some deride me as begging for
money when I can buy and sell just about any of them.
16. The Trustee issued a Rule 2004 subpoena to the Debtor requesting that he appear for
examination and produce various documents pertaining to his assets and net worth.
17. On August 3, 2010, the date on which the Debtor was obligated to produce
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documents by 4 p.m., the Debtor’s counsel called the Trustee’s counsel to advise that the Debtor
would not produce documents on August 3, 2010 and could not appear for the Rule 2004
examination scheduled for the next day.
18. Thereafter, the Trustee filed a motion with this Court seeking to extend the deadline
to file a non-dischargeability complaint against the Debtor. The Court granted the motion, extended
the deadline to file until September 30, 2010, and provided in the Order that the Debtor must sit for
the Rule 2004 examination and produce documents no later than September 10, 2010.
19. The Debtor did not comply with the deadlines in the Court’s order.
20. On September 15, 2010, the Trustee’s counsel wrote to the Debtor requesting his
prompt compliance with the Order requiring him to make Rule 2004 disclosures and appear for a
Rule 2004 examination. This letter was copied to the Debtor’s bankruptcy attorney.
21. Neither the Debtor nor his counsel thereafter contacted the Trustee’s counsel to
arrange for compliance with the Court’s Order.
FIRST COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(3))
22. Plaintiff repeats the allegations of Paragraphs “1” through “21” as if set forth at
length here.
23. Defendant has destroyed or failed to keep or preserve any recorded information,
including books, documents, records, and papers, from which Defendant’s financial condition or
business transactions might be ascertained.
WHEREFORE, Plaintiff demands judgment against Defendant denying the Defendant’s
discharge pursuant to Section 727(a)(3) of the Bankruptcy Code; awarding to Plaintiff his costs of
suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
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deems just and proper.
SECOND COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(4)(A))
24. Plaintiff repeats the allegations of Paragraphs “1” through “21” as if set forth at
length here.
25. Defendant failed to disclose the cash values of various assets, including Fidelity
Mutual Funds account and his Commerce Capital account.
26. Defendant signed his schedules under penalties of perjury.
27. Defendant knowingly and fraudulently, in or in connection with their case, made a
false oath or account.
WHEREFORE, Plaintiff demands judgment against Defendant denying Defendant’s
discharge pursuant to Section 727(a)(4)(A) of the Bankruptcy Code; awarding to Plaintiff his costs
of suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
deems just and proper.
THIRD COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(4)(D))
28. Plaintiff repeats the allegations of Paragraphs “1” through “27” as if set forth at
length here.
29. The Debtor failed to turnover to Plaintiff recorded information, including books,
documents, records, and papers, relating to their property or financial affairs.
WHEREFORE, Plaintiff demands judgment against Defendant denying the Defendant’s
discharge pursuant to Section 727(a)(4)(D) of the Bankruptcy Code; awarding to Plaintiff his costs
of suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
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deems just and proper.
FOURTH COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(5))
30. Plaintiff repeats the allegations of Paragraphs “1” through “29” as if set forth at
length here.
31. According to the Debtor’s public pronouncements, he possessed assets sufficient to
pay his creditors in full at times prior to the Filing Date.
32. Defendant has failed to explain satisfactorily any loss of assets or deficiency of assets
to meet his liabilities.
WHEREFORE, Plaintiff demands judgment against Defendant denying Defendant’s
discharge pursuant to Section 727(a)(5) of the Bankruptcy Code; awarding to Plaintiff his costs of
suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
deems just and proper.
FIFTH COUNT
(Objection to Discharge Pursuant to 11 U.S.C. §727(a)(6))
33. Plaintiff repeats the allegations of Paragraphs “1” through “32” as if set forth at
length here.
34. The Debtor has disobeyed a lawful order of this Court to produce documents in
response to the Trustee’s Rule 2004 notice.
35. The Debtor has disobeyed a lawful order of this Court to testify pursuant to the
Trustee’s Rule 2004 and the refusal to testify was not on based on his privilege against self-
incrimination.
WHEREFORE, Plaintiff demands judgment against Defendant denying Defendant’s
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discharge pursuant to Section 727(a)(6) of the Bankruptcy Code; awarding to Plaintiff his costs of
suit, including reasonable attorneys’ fees; and granting to Plaintiff such other relief as this Court
deems just and proper.
SIXTH COUNT
(Accounting Pursuant to 11 U.S.C. §542)
36. Plaintiff repeats the allegations of Paragraphs “1” through “35” as if set forth at
length here.
37. The Debtor is in control, possession, custody or control of property which is property
of the estate.
38. Accordingly, pursuant to the provisions of Section 542(a) of the Bankruptcy Code,
the Debtor must account and turn over to the Trustee that property which is property of the estate.
WHEREFORE, Plaintiff demands judgment against the Defendant requiring him to account
and turn over to the estate, pursuant to 11 U.S.C. §542(a), property of the estate; awarding to
Plaintiff his costs of suit, including reasonable attorneys’ fees; and granting to Plaintiff such other
relief as this Court deems just and proper.
Respectfully submitted,
FORMAN HOLT ELIADES & RAVIN LLC
Attorneys for Trustee
By:_/s/ Joseph M. Cerra_______________________________
Joseph M. Cerra
Dated: September 30, 2010
Friday, October 29, 2010
News reports linking Tea Party to White Supremacist groups.
You know something. I don't buy into it. Sure, there are tea party types who are racist. But it's more that white supremacist are linking themselves to Tea Party types, then the other way around. White supremacist groups are parasites that will try to attach themselves to anything.
I do think these Tea Party types are full of shit. Like I have said many types, beware of any group that cries "freedom", "1st amendment", "patriot", etc. They are the first ones who want to remove those things from anyone who disagrees with them.
I do think these Tea Party types are full of shit. Like I have said many types, beware of any group that cries "freedom", "1st amendment", "patriot", etc. They are the first ones who want to remove those things from anyone who disagrees with them.
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