OPEN LETTER TO ATTORNEY JON BACKMAN, XYIENCE COUNSEL FOR
THE LIQUIDATION TRUSTEE DAVID HERZOG:
You have abused your responsibilities to the facts of the Xyience case, and I can no
longer be silent about what I've witnessed and experienced throughout this case.
"Justice Delayed is Justice Denied," is the way Martin Luther King Jr. put it years
ago in terms of racism. With me it's been more about class-ism and discrimination
due to my non-bar lawyer status. Don't let that old adage "fool" you, though. I
know the law and the rules well enough to start using the system for its true purpose
of promoting justice, and I will not hesitate. I will no longer sit on my hands and
wait for you to break another promise or make another improper suggestion.
You gave up pursuing some of the most guilty parties, your fellow lawyers. You
protected and shielded them as if playing games to get their approval was more
important than getting to the truth and the reality of this situation. These lawyers
you are helping get paid did their work at the expense of innocent people.
The real victims are not conglomerates and corporations and other creditors. The
real victims are the very same shareholders you wanted to put my $100,000
"unsecured" payout in front of by the very design of your settlement offers. Your
detailing of the conditions under which I would be able to collect, again ahead of the
most victimized and impacted and innocent shareholders, only confirms my initial
suspicions that you were not going to help this class of victims the way you should
and could help them if you really were a good guy as you tried to tell me you were
The real victims are those who have already provided me affidavits and personal
testimony telling me what they've lost while all those lawyers are going to get paid
for causing that loss and looking the other way on how wrong their actions were.
Thanks to you and your legal games, people you know are guilty will all get
paychecks for their evil and unholy efforts.
The more I heard your promises and suggestions about talking to the trustee echo
throughout my emails with that same hollow ring each time, the more I realized how
my "deal" with you was nothing of the sort.
It was a ruse, and you know it was. You wanted to distract me long enough so your
fellow lawyers could get paid and you could play your legal games with them and
get everything you need approved so you can get out of this mess you've helped
make. You wanted to get out without a hitch.
The more I heard you mention that my recovery would be before the shareholders
"if any," the more I realized you are no better than the same cabal of lawyers
already named in my Rule 9011 motion.
This letter is being sent to each and every shareholder I have contact information
for, and I am working on another letter for Attorney General Eric Holder. I cannot
afford to muck around with the truth anymore and play games to appease your
cronies and fellow abusers of the system that is supposed to protect people like me
and the shareholders I'm fighting for and punish the people you are insulating and
You are on notice. Your actions to corrupt this case are unconscionable, and your
blatant stalling and delaying tactics and refusal to drop the initial case against me
will not go unreported or unexposed.
As I have told you previously, deal time is over. I have not come this far to give up
or give in to desperation. The fact remains as you have spent the trustee's money
and drawn up a great deal of paperwork relying a great deal on my evidence I gave
you for free, I pay to promote the truth. I pay to expose the facts you choose to
ignore about your fellow attorneys and their transgressions. Only a few
shareholders have been able to help me out financially, and even that is too much
and something I am going to pay back when I am able.
What I have learned is that freedom is not free. It's expensive, but it's a manageable
expense if you can fight for it yourself. If you can find the truth and the access you
need to the right resources at the lowest price, you have a chance. If you educate
yourself and let the law and a clear conscience be your soldiers and generate further
support by publishing the facts, no court or judge in the country will be able to stop
the truth from shining through in the long run.
You have abused my trust, and you have proven you don't want to fight for the
people who deserve your help the most. I will fight for them, and I will do it for free.
I won't beg or borrow from them another dime, and I will work as hard as I have to
to do it all at my own expense.
I cannot sit idly by and let these people be victimized for yet another year or another
6 months or another two weeks.
I have the power, the ability, the resolve, and the experience to "do it myself" and
will do just that.
I thought you were a better man, Jon, but you proved me wrong and you let a lot of
people down you never even met or seemed to want to meet or help in any
significant, meaningful manner.
These people lost their college funds for their kids, their family trusts, their
retirement plans. These are everyday people you would put me before when I never
invested a dime in Xyience except to pay hosting fees and legal costs associated with
exposing the ugly truth behind the culture of corruption going on there over the
I don't ask to be called a hero, although you suggested to me once nobody thinks I
am one. I don't pretend to be heroic at all. The fact is what I do has nothing to do
with ego or needing a spotlight on my activities. The spotlight should be on the facts,
and I simply want to be remembered as a soldier for the truth. Combat troops fight
and die every day for freedom, and sometimes their names are never heralded in
any significant manner. The names don't matter to the masses as much as that
soldier's motivation to fight, the underlying freedoms he or she laid his or her life
down for. The selfless sacrifice is what it's really all about, not the guts and the
glory, although that plays a role in helping us understand how hard people do fight
for that freedom so many take for granted. True soldiers don't die or put themselves
at risk to be heroes. They sacrifice their safety to save lives and promote freedom.
I was honest, forthcoming, and as professional as I could be with you, but you
showed me lawyers really are all the same deep down inside, and it's going to take a
miracle to convince me otherwise.
I hope you learn from the mistakes you've made, as I have always learned from
mine. I hope you stop worrying about your fellow lawyers and what they will or
won't approve to help you get through the process more smoothly.
Remember instead that the truth is what really matters, and the more you try to
hide it the more it will come back to haunt you in the long run.