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Lehman Examiner to Conduct Broad Wrongdoing Investigation
PostPosted: Tue Feb 17, 2009 10:31 pm Reply with quoteBack to top

In the Lehman Brothers Holdings, Inc. and affiliated Chapter 11 debtors' bankruptcy, the presiding judge signed an "Order Appointing Examiner" found in the free view court filings docket as Docket # 2569.

You can read the judge's order by going to
http://chapter11.epiqsystems.c.....tlist.aspx and finding
Docket #2569.

In that order, the Examiner is given broad powers to investigate allegations of wrondgoing by Lehman employees both before and after the bankruptcy of each entity.

All of the key parties to the case are ordered to cooperate with the examiner and turn over files and documents as the examiner may request.

The Examiner is ordered to turn over copies of his reports to all relevant civil and criminal law enforcement agencies.

In Docket #2570 and 2571, the Examiner's resume is disclosed, and he is appointed by additional order of the court.

The Examiner's name is Anton R. Valukas.

Mr. Valukas is a litigation partner with the law firm of Jenner & Block LLP,
330 N. Wabash, Chicago, Illinois 60611, Telephone: 312-923-2903
Fax: 312-840-7303.

Mr. Valukas has written extensively on the general subject of wrongdoing by corporate employees. Martindale.com lists his major published articles: Author: "Internal Investigations of Corporate Misconduct," Prentice Hall Law & Business-Corporation, April 1992; "Criminal Liability of Corporations & Their Agents," The Review of Securities & Commodities Regulation, July 1992. Co-Author: with Robert R. Stauffer, Chapter 5, "Cooperation with Authorities; Acceptance of Responsibility; Obstruction of Justice; Interests of the Corporation and its Employees; Vagaries of Prosecutorial Discretion," BNA/ACCA Compliance Manual: Prevention of Corporate Liability, February 1993; with Robert R. Stauffer, Establishing an Effective Compliance Program: "Threshold Considerations," and Investigation and Disclosure of Violations," Compliance Programs and the Corporate Sentencing Guidelines, November 1993; with Robert R. Stauffer, "Corporate Internal Investigations," Corporate Counsel's Guide to Legal Audits & Investigations, February 1995; with William A. Von Hoene, Jr. and Liza M. Murphy, "Crisis Management: The Economy, Security and Coping with the Unexpected," April 2002; with Robert Stauffer, "Preventing, Investigating and Addressing Misconduct in the Corporate Environment."

Obviously, companies which did or are doing business with the various Lehman entities are free to send information to the examiner on any of the categories of "wrongful acts" set forth in the order appointing the Examiner, including the making of preferential transfers and fraudulent conveyances in the time frames before each Lehman debtor entity's Chapter 11 filing.


As Yogi Berra said "It's like deja vu all over again."
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