A Miscarriage Of Justice?
Nationwide -- Attempt by hedge fund billionaire Louis Bacon of KKK heritage to end legal effort of an indigent disabled black woman on social security, reveals that unbeknownst to her, his Hollywood superstar lawyer, Marty Singer, was also secretly embedded in her legal camp.
Inquiring minds want to know how it is that Bianca McKinney ("McKinney"), an indigent disabled black woman on social security in the USA, could have survived the herculean attempt by hedge fund billionaire Louis Bacon ("Bacon") to strike out her California, USA multimillion dollar lawsuit jointly against him and Michael Artan ("Artan"), a California-based Criminal Defence Attorney.
In civil case No. BC-624474 initiated by McKinney on the 21st of June 2016 in the Superior Court of California by her first attorney, Michael Saltz ("Saltz"), she jointly sued Bacon and Artan for (1) Fraudulent Concealment, (2) Invasion of Privacy, (3) Intentional Infliction of Emotional Distress; and (4) Violations of the Bane Civil Rights Act.
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Although McKinney's claim had technical defects based on the way it was initially formulated by Saltz, within six months of it having been started, presiding Judge Howard L. Halm allowed McKinney's then new highfalutin Hollywood attorney, Marty Singer of Lavely & Singer ("Singer"), to fix those defects by amending the claim on three separate occasions over the ensuing 1 1/2 years.
In December 2017, after Singer had unbelievably failed on the third occasion to reach the very low bar for amending McKinney's claim, Judge Halm acceded to Bacon's request to strike out the first two listed causes of action as against Bacon. They were related to attorney-client relationships.
As a result of Bacon's arguments against Singer's inadequate rebuttal, those two causes of action seem also to have fallen as against Artan, freeing him from what ought to have been a straight forward lawsuit in professional malpractice for fraudulently filing a lawsuit in McKinney's name without her knowledge or consent.
How is it that Singer, considered to be one of the top litigators in Hollywood, failed on three occasions to properly amend McKinney's claim such that the low-lying allegations of fraud against Artan could be sustained against any formal objection by Bacon by what is called a "demurrer"?
By the demurrer process, Singer was simply required to set out minimal facts showing that McKinney had viable causes of action for her lawsuit. After all, in a demurrer, all material facts are taken as being the truth; nothing to prove.
From Re-negotiate.org's view point, Singer’s failure to defeat Bacon's demurrer, seems to be rooted in the questionable strategy of having both Artan and Bacon sued jointly in the same case and in relation to the first two listed causes of action which were lawyer-related. This type of professional blunder is reserved for novices if ill-intent is not obvious.
While Artan is a licensed lawyer and subject to the Rules of Professional Conduct of The State Bar of California, Bacon is not a lawyer at all.
With this in mind, the question which begs an answer is why it is that Singer took McKinney on as a client in the first place? After all, she does not fit the profile of Singer's client-type; being rich and famous. Singer is known as being the 'clean-up lawyer' for the rich and powerful when they are faced with salacious and/or criminal scandals. By McKinney’s lawsuit, however, she is allegedly a victim of Bacon and virtually unknown by the standards of Singer’s client-type.
That said, McKinney's lawsuit did get international recognition in June 2016 in front page articles of the New York Post and Daily Mail about Bacon attempting to coerce her into being a pawn in an ongoing battle between him and his neighbor in the posh Bahamas Lyford Cay Subdivision, 75-year old, Peter Nygard, a Canadian Fashion Mogul.
According to the court papers, a media blitz of McKinney's lawsuit happened just months before Singer appeared on the stage for McKinney.
A few years ago, Bacon brought a defamation lawsuit in New York City against Nygard in Case No. 14-MC258 That lawsuit is now under appeal in terms of whether it ought to have been brought in The Bahamas, instead.
By McKinney having the audacity to sue Bacon for intentionally inflicting emotional distress on her, she had become what some say is a problem for him that could be handled in the manner in which Singer is known to do for his countless well-known and wealthy clients.
Unsurprisingly, on 29 March 2018, about 1 1/2 years after having Singer nestled in McKinney's legal camp as her lead litigator, that professional relationship came to an abrupt end. Singer asked the court for and was granted an order to be relieved as McKinney’s attorney.
Why would Singer abandon McKinney at a time when it would appear that she had some measure of success against Bacon? She had been granted a jury trial date for February 2019. That would have led Bacon to having to be deposed and potentially cross-examined in open court about the allegations; an undesirable prospect for a secretive person.
In a mind spinning real life cloak and dagger drama, it turns out that since at least 2011, Singer was actually also attorney for Bacon, McKinney's opponent in this very lawsuit in which she is suing Bacon.
Does this now explain why the highfalutin Singer seem to have jumped into McKinney's lawsuit against Bacon as her lead litigator? Did he use his celebrity, like a villainous bully, to elbow his way into that position of confidence for doing effective damage control for his client, Bacon?
In a May 6, 2011 Judgment of the English High Court case of Louis Bacon v Automattic Inc., etal, the presiding Judge wrote that "...[Bacon] took legal advice from [his] California counsel who has made a witness statement [done by] Mr [Evan] Spiegel, a partner in Lavely and Singer Professional Corporation..."
If, prior to November 2016, Singer had not gotten the informed written consent from McKinney to represent her interest notwithstanding that he was also or had previously represented Bacon, then such a failing would appear to be inconsistent with the Rules of Professional Conduct of The State Bar of California.
Based on court documents, this situation became exacerbated bythe fact that Singer was Bacon’s Attorney at the same time when Artan was allegedly filing a fraudulent lawsuit in McKinney’s name against Nygard; the subject matter of this law suit.
With this, Bacon's alleged connection to Artan, Singer, Palladino and his associates, gives sinister meaning to the adage, "birds of a feather flock together". It is not unlike a figurative 'murder of crows', especially when considering that these are all White people focused on destroying McKinney, a Black woman because she had refused to be made a part of their conspiracy to destroy Nygard’s reputation by perjuring herself in that New York lawsuit.
By McKinney's court documents, a woman called Sara Ness was allegedly hired by Palladino to locate the Black model and hip hop artist in an effort to convince her to perjure herself in order to falsely jail Nygard.
Now that McKinney has survived Bacon's attempts to strike-out her lawsuit, although she was without a lawyer at the time we went to press, Bacon's lawyers have filed an application for Summary Judgment based on the questionable strategies advanced and presided over by Singer as McKinney’s lead litigator.
In an exclusive interview with re-negotiate.org, McKinney said that "Ness told me that she was authorized to offer that I would be handsomely rewarded by Bacon if I would lie under oath that I was a prostitute who was being sex-trafficked by Nygard and was involved in sex-trafficking women and children. She also wanted me to lie and say that Nygard had seized my passport whilst I was in The Bahamas in 2008 and had locked me away in his Bahamas mansion which would legitimize lawyer Artan's fraudulently lawsuit that he filed in 2011 against Nygard in my name. The fact that I did not know of the lawsuit nor authorized him to file it, was of no importance to her. I rejected her proposition as I considered it to be the wrong thing to do."
According to court papers in a New York lawsuit brought by Bacon against Nygard, Palladino (for whom Ness worked) is referred to as "...Bacon's private investigators" when they acted as the money negotiator with a former employee of Nygard, Stephen Feralio ("Feralio"), who was allegedly paid by Bacon to misappropriate private and confidential material from Nygard and deliver same to Bacon for which Feralio was to be "...richly compensated".
Although McKinney came out of the rough side of East Cleveland, Ohio with criminal activity easily seen all around her neighborhood, we have not found her to have been convicted and/or sentence for any criminal offense. There appears to be nothing in her past that would cause one to believe that money would motivate her to falsely say that she had committed offenses that ordinarily would land a person in jail.
McKinney goes on to say that "...that is one of my main reason why I want this matter to go all the way to trial. I feel that this is the only way I would be able to clear my name from being said that I was involved in concocting a false story against Nygard at Bacon's behest. At this stage of the lawsuit, it is important that I put before the jury the whole affair including what happened in The Bahmas. It would also show that Bacon did target me for many years to pull me into his scrimmage with Nygard for some time, even prior to my Bahamas visit in 2008. I do not want to be caught up in any criminal proceeding where it could be said that I committed perjury in court."
Based on court papers, McKinney alleges that Bacon hired Palladino through the New York-based self-described "international risk consulting and intelligence firm", The Arkin Group and its principles, Attorney Stanley Arkin and Jack Devine, former chief of CIA worldwide operations. As such, with Arkin, Palladino is said to have direct involvement in concocting the false story put forward by Artan in July 2011 fraudulently in McKinney’s name. Related facts of that story have been repeated in a March 2017 internet publication by Jestan Sands, also a former employee of Nygard who, like Feralio and Artan, is allegedly hired by Bacon to make up salacious and untrue things about Nygard.
McKinney, expressed grave concern to us about discovering that her lawyer, Singer, had been secretly working for Bacon at the same time when he was her lawyer. She said that it was especially disconcerting when, as a Black women, she must contend with someone like Bacon whose family heritage undeniably traces back to the murderous and racist Ku Klux Klan ("KKK") and its sympathetic neo-confederate organizations for the last 150 years,
For McKinney, it all started in 2008 on the picturesque Myan-themed estate of Nygard in The Bahamas.
Then, abled bodied feisty International model, McKinney, had taken up a modeling contract with Nygard that, on USA Independence Day in 2008, would take her on the runway of the Bahamas-based world renowned Bob Marley Resort.
Little did McKinney know, she was allegedly about to be targeted by Bacon to be roped in to the middle of an unseemly attack on Nygard.
In 2013, Bacon was captured at an award ceremony of the National Audubon Society, brandishing his pride of having direct heritage and principle links to his maternal great grandfather, Colonel Roger Moore, a grand dragon of the KKK in his day.
Disrespectful of the Bahamian people proud of their African heritage, Bacon was publicly lying in his attempts to take credit for leading a 1999-2004 grassroots movement in The Bahamas that saved good conditioned slave ruins and remnants of their history of strength and freedom. The Bahamas is made up of more than 99% Black and non-White people.
Not unlike Black slave women of the past, McKinney would be a pawn of Bacon to frame Nygard for the untruthful allegations of sex trafficking.
Oxymoronically, as a native of the Carolinas, Bacon was charading as the savior of the heritage of Black slaves who, after USA Independence of 1776, had migrated from the (racist) Carolinas to The Bahamas where they enjoyed a greater a degree of freedom and equality. There are those who say that Bacon came to The Bahamas to figuratively recapture runaway slaves from the Carolinas and continue with the brand of racism of his maternal ancestry. Ultimately, he would seek to punish anyone who aid such Black people in the enjoyment of their freedom of mind, expression, movement or body.
As such, it appears that McKinney, as a Black woman in The Bahamas at the time, was supposed to have simply fallen in line, aid and abet Bacon's alleged ignoble motive with Nygard as a primary target of racist scorn.
So, it appears that Singer, like Artan and Palladino, was in the employ Bacon at the at all material times, working to get close enough to McKinney in order to use her and then influence her decision toward achieving a racist plot against Nygard and the Black people in The Bahamas and their cousins in the USA. No doubt, controlling any damage that could be inflicted on Bacon appears also to have been the end result of what Singer caused by abruptly abandoning McKinney.
Like Palladino, Singer appears to have become a clandestine operative of Bacon employing tactics of harassment and intimidation against McKinney as an alleged victim.
The apparent plan to destroy from within McKinney's ranks, seems to have backfired on Bacon and Singer. From the facts thus far, it appears like this recent attack has gone very deep.
McKinney said that "...as they (Palladino) are best known for discrediting alleged victims, Singer is known for effective damage control of stars as well as rich and powerful people like Bacon, and I now know that Singer is recorded as having been Bacon's lawyer, I must carefully assess what damage was secretly done to my lawsuit by Singer when he posed as my lawyer. I must now replace Singer with a more noble attorney who can innately understand me as a Black person in the USA and why, for that reason and more, despite the odd were against me for a while, failure is not an option. I must fight on to tell my story to the world, especially to my people."
As Bacon now seeks to add more out-of-state lawyers to his already large legal team against this indigent, disabled Black woman on social security representing herself, the thought-provoking question is why is Bacon executing what appears to be an 'over-kill' strategy? Fear of being exposed?
McKinney fights on!
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Posted by community events coordinator, Nzinga Lonstein Austin, is a prolific blogger who writes on the entertainment industry and issues for people with developmental and physical challenges.
She is presently in high school looking to have a career in video, film, and media. You can see more of her entertainment writing on Lonstein Movies.
She is presently in high school looking to have a career in video, film, and media. You can see more of her entertainment writing on Lonstein Movies.
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