Remember the Dave Walker story: a cartoonist in England who was blogging about the SPCK bookshops. The SPCK bookshops had been acquired by the Society of Saint Stephen the Great [SSG], a charitable organization set up by J Mark Brewer (Brewer and Pritchard, bplaw.com) of Houston, Texas. Mark Brewer issued a cease and desist order to have Dave remove his postings. Anglican bishops and vicars plus a fair number of bloggers jumped to Dave’s defense. Brewer was filing for bankruptcy in the U.S. and there were allegations floating about in the Internet about unpaid employees and suppliers, cathedrals, including the cathedral in Durham, having there important bookshops decimated and even some other management shenanigans. Well, the bankruptcy claim failed in a US Court. Now we learn:
Randy W Williams, the Trustee in Bankruptcy for the Application for the Bankruptcy of the Society of Saint Stephen the Great [SSG] by J. Mark Brewer and Brewer and Pritchard PC, filed a motion requesting sanctions against both J Mark Brewer and his law company on September 4th 2008, following on from the dismissal with prejudice of the application.
What is in the Motion?
Essentially, the kitchen sink. Among other things, the motion:
- Requests that the Court enter sanctions against J. Mark Brewer and the law firm of Brewer & Pritchard, P.C. for filing this case in bad faith.
- Accuses Mr Brewer of incomplete disclosure of information to the case conference, including failure to identify a bank account while handling large sums (100s of thousands of dollars) of money.
- States that there was failure to disclose the existence of the ENC SHOP MANAGEMENT CO. entity.
- States that Mr Brewer and Brewer and Pritchard have perpetrated a “fraud on the court”:
“Mr. Brewer and his firm engaged in a concerted scheme to mislead this Court and to file a bad faith bankruptcy case. Mr. Brewer’s action in failing to disclose the true name of the Debtor and the cancellation of its contract and assignment of those rights to another closely held company of Mr. Brewer is a fraud on this Court. “Fraud on the court” is an intentional act by an officer of the Court to deflect the Court from knowing all of the facts necessary to make an appropriate judicial decision on the matter before it.”
There is a lot more information at SPCK/SSG: News, Notes & Info. And there is some useful commentary on what this all means.