UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

parchedmoosupΗλεκτρονική - Συσκευές

29 Νοε 2013 (πριν από 3 χρόνια και 9 μήνες)

139 εμφανίσεις

1


UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK


__________________________
___







)

Mary Bavis,




)

Plaintiff,

)








)

Case #02
-
CIV
-
7154

v
s.




)







)


UAL Corp, et al
.
,



)

MOTION TO RECUSE







)

JUDGE HELLERST
EI
N

Defendants
.

)

_____________________________

)



Judge Alvin
Hellerstein
is presiding in the above captioned
case. He has
at least two
conflict
s

of int
erest and should
recuse himself:


The

conflict of interest

relating to Joseph
Hellerstein
:

Judge Hellerstein’s son, Joseph Hellerstein, works as a
lawyer at
Amit, Pollak, Matalon & Co.
, an Israeli law firm which
represents Cukierman and Company (and/or one or more of its
principals), an Israeli company with close links to ICTS
International, NV
(

ICTS

), an Israeli security company. ICTS
is the par
ent company of Huntleigh, USA,
a passenger screening
company which was operating at Logan Airport on 9/11/01
.
Huntleigh, USA is

a defendant in this case. ICTS was a
defendant until it was dismissed o
n May 26, 2011.

The above relationships can be shown as follows:

1)

Joseph Hellerstein works for
Amit, Pollak, Mat
alon & Co
.,
2


an Israeli law firm.
1


2)

Ezra Harel

is

a resident of Israel

who
owned a
controlling interest in

ICTS at the time of the 9/11/01
terrorist attacks.
2

He
owned 65% of ICTS when
he
supposedly died of a heart attack at the age of 5
3

in
2003.
3

The Ezra Harel Family Estate retained
ownership
of
59%
of

ICTS as of 2004
.
4


3)

Boaz Harel is the brother of Ezra

Harel

(see the second
reference in fn
3
)
.
Boaz Harel
was
a member of the
supervisory

board
of

ICTS

on 9/11/01

and fro
m January 1,



1

See: [
http://www.apm
-
law.com/3attorneys/joe_hellerstein.htm
], a
webpage from the website of Amit, Pollack and Matalon & Co. about Joseph
Hellerstein.

2

See:
[
http://google.brand.edgar
-
online.com/EFX_dll/EDGARpro.dll?FetchFilingHtmlSection1?SectionID=1890548
-
8977
8
-
91043&SessionID=AaqjHFAQq_DPiP7
].

(This document shows that Ezra Harel
owned 57% of ICTS as of March, 2002.)

3

See:
[
http://www.haaretz.com/print
-
edit
ion/business/ezra
-
harel
-
dies
-
of
-
heart
-
attack
-
1.106796
] and
[
http://www.nytimes.com/2003/11/26/classified/paid
-
notice
-
deaths
-
harel
-
ezra.html
]
.


4

See [
http://www.secinfo.com/dUScp.1r.htm
].
This document

contains
the following statement

in a footnote attached to a reference to the “Estate
of Ezra Harel”
:



Harmony Ventures BV, owns directly and indirectly
approximately
59% of the issued and outstanding Common Shares

[of ICTS]
. A
family trust for the benefit of the family of Mr. Menachem J.
Atzmon (the
"Atzmon Family Trust"
) and the Estate of Ezra Harel
own 100% of the outstanding shares of Harmony Ventures
BV and may
be deemed to control Harmony Ventures BV. Mr. Atzmon disclaims
any beneficial interest in the Atzmon Family Trust. Harmony
Ventures BV, the Atzmon Family Trust and the Estate of Ezra Harel
may be able to appoint all the directors of ICTS and con
trol the
affairs of ICTS.



3


1996 to November 12, 2001

and he was chairman of that
board

from March 2004 to August 2004
.
5


4)

Boaz Harel is also
the president of and
a

Managing
Partner at Cukierman and Company.

6

He was also a Member
of the Board of Directors of Better Online Solutions
(“BOS”), an Israeli company which supplies “RFID and
Supply Chain solutions” from May 2003 to February 2004
(see fn
5
).

5)

Edouard Cukierman is Chairman of the Board of Directors
of Cukierman and Company.
7


6)

Edouard Cukierman is
also
Chairman of the Board of
Directors of
BOS
.
8


7)

Better online Solutions

is
represented by
Amit, Pollak,
Matalon &
Co.
, Joseph
Hellerstein
’s law firm.
9





5

See:
[
http://investing.businessweek.com/r
esearch/stocks/private/person.asp?personI
d=1417502&privcapId=46277335&previousCapId=2916160&previousTitle=Docor%20Inte
rnational%20B.V
.
]

6

See:
[
http://www.cukierman.co.il/index.php?option=com_content&view=article&id=44%3
Aboaz
-
harel&catid=9&Itemid=32#title
], a webpage from the website of Cukierman
and Company about Boaz Harel.

7

See:
[
http://www.cukierman.co.il/index.php?option=com_content&view=article&id=30%3
Aedouard
-
cukierman&catid=9&Itemid=32#title
], a webpage from the website of
Cukierman and Company about Edouard Cukierman.

8

See: [
http://www.boscorporate.com/?CategoryID=172
], a webpage from the
website of Better Online Solutions about th
at company’s Board of Directors.

9

See: [
http://google.brand.edgar
-
online.com/EFX_dll/EDGARpro.dll?FetchFilingHTML1?ID=4126697&S
essionID=Cx2VHv6
UTlKsQP7
], a document filed with the Securities and Exchange Commission by
BOS
.

Note that this document

refe
rs to

“…Amit, Pollak, Matalon & Co., our
Israeli counsel.”

4


To summarize

and restate the matter
,
the connections go as
follows:



BOS is represented by Joseph
Hellerstein
’s law firm,
Amit, Pollack and Matalon.



Edouard Cukierman is the chairman of the board at both
BOS and
Cukierman and Company and so that means that
Amit, Pollack and Matalon represent
s

a principal at
Cukierman and Company.
This ties Amit, Pollack and
Matalon to Cukierman and Company.



Boaz Harel is the

president of and a managing partner at
Cukierman and Co
mpany
and he
also
was
the Chairman of the
Board of Directors
there

at ICTS

9/11/01. Additionally,
the Ezra Harel Family Estate (i.e.,
Boaz Harel’s family's
Estate
)

owns 59% of ICTS. Thus,
it can be said that
Cukierman and Company
is

the parent company of

ICTS (or
at least that the two companies are closely tied
together).



Also, in 2003 and 2004 Boaz Harel was a member of the
board of directors at BOS, which is represented by Amit,
Pollack and Matalon, and he was a

member of the
Supervisory Board

at ICTS

on 9/11/01

and for several
years and he was chairman of that board in 2004
.

These
relationships again tie Joseph Hellerstein to ICTS.

5




ICTS, a former Defendant in this case, is the parent
company of Huntleigh, USA, which is still a
d
efendant in
this case.

T
hus, t
here
are

definite chain
s

of connection
s

between Judge
Alvin Hellerstein, through
the law firm of
his son
,

Joseph
Hellerstein
, to present and former
d
efendants in this case.

This
conflict of interest is
covered by

Cannon
3(C)(1)(
d
)(ii) of
The Code Of Conduct For United States Judges
(published at
www.uscourts.gov
)
which
states:


A judge shall disqualify himself or herself in a
proceeding in which the judge’s impartiality might
reasonably be questioned, including but no
t limited to
instances in which …
the judge or the judge’s spouse,
or a person related to either within the third degree
of relationship, or
the spouse of such a person is …
acting

as a lawyer in the proceeding…


T
h
us,

Judge
Hellerstein
has a conflict of interest
which
violates the
Code Of Conduct For United States Judges
and
which
could cause him to be partial to the
d
efendants
,
and so
he

s
hould be removed from this case.

The
Israeli

issue:

Another reason to question Judge
Hellerstein
’s impartiality
relates to the fact that there are Israeli
entities

associated
with
one or more

of the defendants. ICTS and Cukierman and
Company, both of which are closely linked to Defendant
Huntleigh, USA

(as

discussed above)
, are Israeli companies.

6


Judge Hellerstein is a Jew with many ties to Israel. His
son lives in Israel and works at an Israeli law f
irm (Amit,
Pollack and Matalon);

his late sister,

Helen Mulhall, lived in
Israel;

his wife i
s a former se
nior vice president and current
treasurer of a New York
-
based Zionist organization called AMIT
;

and
he himself

is also a long
-
time member of The Jewish Center
of New York and a former president of the Board of Jewish
Education of Greater New York.
10

It appears th
at Judge Alvin
Hellerstein

is probably a dedicated
Zionist Jew and this could
well create a conflict of interest, given the Israeli
associations with defendant
(
s
)

in this case.


This conflict of interest violates
the following sections
of
T
he Code Of Conduct For United States Judges
:


1)

Cannon 3(C)(1)(d)(iii)
,
which requires disqualification
if “…the judge or the judge’s spouse, or a person related
to either within the third degree of relationship, or the
spouse of such a person is … known by the judge to have
an interest that could be substantially affected by
the
outcome of the proceeding…”

(Judge Hellerstein’s
“interest,” as a Zionist Jew, would
be
to protect Israel
and Israelis and their reputations from being harmed by
this litigation
.
)




10

Source: [
http://www.bollyn.com/judge
-
forces
-
families
-
to
-
settle
-
out
-
of
-
court
]

7


2)

Cannon 3(C)(1)(a)
, which
requi
res

disqualification if the
“…judge has a
personal bias or prejudice concerning a
party…”

(To the extent that the defendants
are or are
associated with Israel and/or Israelis
Judge Hellerstein
,
as a Zionist Jew,
is likely to

be
biased in their favor.)

Judge Hellerstein’s pattern of
questionable
co
nduct:

Furthermore,
consistent with the conflict
s

of interest
discussed above,
Judge
Hellerstein
’s conduct in presiding over
the 9/11 cases has shown a pattern of
unduly
protect
ing

the
defendants

from litigation.
He has
presided over a process
which
for the past decade has
stalled the trials and
unduly
pressured
the plaintiffs to settle

out of court
, resulting in
one plaintiff after another
eventually opting
to settle their
lawsuits rather than
proceeding to trial
.
This

has resulted in
all except one

of the
9/11 victim
s

families
(the Bavis family)
settling
out of court
instead of going to trial
. Furthermore,
for that one remaining case, the instant case, Judge Hellerstein
issued an order limiting each side to only 50 hours of court
ti
me. This is a
highly unusual

and dubious
step
(especially for
such a large and significant case as this one)
which obviously
greatly helps the defendants. Consistent with Judge
Hellerstein’s conflict of interest outlined above, his actions
show a
consistent

pattern of
bias towards the defendants

by
trying to shield them from litigation
.

8


Besides harming many of the former plaintiffs

(effectively
denying them their right to trials)
and the Bavis family

(causing great delay for this family and outrageously limiting
the c
ase to only 50 hours per side)
, t
his process which Judge
Hellerstein has presided over has

also
thwart
ed

the
proper
judicial process and
has prevented and/or severely limited

the
truth about what really happened on 9/11 from being examined,
uncovered and r
ecorded in the public record of this court

so
that members of the public can review it
.

Conclusion:

For all of the above reasons Judge Hellerstein should
recuse himself from this case

and he should be replaced by
a
truly

impartial judge
.


Date:
____________________


By: ___________________