Gary Joseph Bonas II
25794 Covala Court
Valencia, California 91355
June 15, 2011
akaplan@finekaplan.com
Hon. Robert W. Sweet Arthur M. Kaplan
United States Courthouse 1835 Market Street,
500 Pearl St., Courtroom: 18C 28th Floor
New York, NY 10007-1312 Philadelphia, Penn. 19103
Re: Nasdaq Market Makers Price Fixing Lit
Dear Justice Sweet & Clerks,
I write about the above referenced matter pursuant to the following ABA Model Rules:
A lawyer shall not knowingly … fail to disclose to the tribunal … authority … known …
to be directly adverse to the position of the client …. Rule 3.3(a)(2). And, “A lawyer
who knows that a lawyer has committed a violation raising a … substantial question as to
that lawyer's honesty … shall inform the appropriate … authority.” Rule 8.3(a)
To the point, I was involved in the Nasdaq case as a very green price economics lawyer.
In the summer of 1997, I spent two weeks in D.C. conducting discovery at one of the Market
Maker’s defense firms. Specifically, I listened to the defendant broker’s telephone calls.
The information I heard led to the quickened settlement and your 1998 approval of the
matter, as you know.1 Many of those phone calls were rival brokers calling rival brokers asking
for “current price quotes” on “specified stocks” as well as “stock on hand” or inventory, which
information was “furnished on request,” without exception. These “combination facts” are on all
four with the high court’s “instruction” about forbidden acts:
[A]ll that was present was a request by each … of its competitor for … the most recent
price …. That concerted action is, of course, sufficient to establish the … conspiracy, the
initial ingredient of a violation …. U.S. v. Container, 393 U.S. 333 (1969).
I briefed this information for lead counsel Milberg et al. It was concealed from this court
pursuant to an “off the record” agreement. About this problem, one court reminded that “fraud
on the court occurs when ‘a party has sentiently set in motion some unconscionable scheme
calculated to interfere with the judicial system’s ability impartially to adjudicate a matter ....’” 2
Attached are economic bits of information concealed from justice for too long now.
I swear under penalty of perjury the above facts are true.
Date:___________ By: ___________________________
Gary “Cash” Joseph Bonas II
cc: L.A. U.S. Marshal Singer
1
Record Settlement OKd in Nasdaq Price-Fixing Suit November 10, 1998 - From Associated Press.
2
Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989).
Attorneys fees under the bad faith exception may not be awarded where the prevailing litigants
“hands [were] far from clean.” Jung v. Jung, 844 A.2d. 1099 at 1111 (D.C. 2004).