📄 Extracted Text (18,624 words)
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Report Created: Monday, April 30, 2018 21:12:50 (GMT) by Nathan Head
Research Information:
This document contains investigations on:
SOUTHERN TRUST CO; SOUTHERN FINANCIAL LLC; DARREN K INDYKE; RICHARD KAHN;
JEFFREY E
EPSTEIN; JEFFREY EDWARD EPSTEIN
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SOUTHERN TRUST CO
1
Tennessee Court of Appeals Opinion: Alexis Breanna Gladden
v. Cumberland Trust and Investment Company et al. Financial
Law Reporter (Global), May 19, 2016 Thursday, (3166 words)
Note: Immaterial
SOUTHERN FINANCIAL LLC
2
No Documents Found
DARREN K INDYKE
3
RICHARD KAHN
4.
No Documents Found
Once feared lost, black films to screen at DIA; Actors, directors
offer own take on Hollywood during segregation Detroit Free
Press (Michigan), February 2, 2017 Thursday, LIFE AND
ENTERTAINMENT; Pg. D7, (1427 words), By, John
Monaghan, Special to the Detroit Free Press
Note: Immaterial
JEFFREY E EPSTEIN
5
Donald Trump denies rape of teenage girl at 'sex party with
convicted paedophile Jeffrey Epstein'; The presidential hopeful
categorically denies sexually assaulting and raping the woman
at his New York residence back in 1994 mirror.co.uk, April 28,
2016 Thursday 11:23 PM GMT, NEWS,WORLD NEWS, (977
words), By Christopher Bucktin
Note: Does not relate to money laundering or terrorist
financing.
6
Lawyer Denies Suit's Allegations of Sex With a Minor The
New York Times, January 7, 2015 Wednesday, Section A;
Column 0; National Desk; Pg. 13, (591 words), By TIMOTHY
WILLIAMS
Note: Does not relate to money laundering or terrorist
financing.
7.
TRUMP 'RAPED ME AS A TEEN AT SEX PARTY'; LAWSUIT
PRESIDENTIAL HOPEFUL SUED ; Woman makes
astonishing underage 'slave' claims in US court Daily Record
and Sunday Mail, April 29, 2016 Friday, NEWS; Pg. 13, (588
words), CHRISTOPHER BUCKTIN
Note: Does not relate to money laundering or terrorist
financing.
8. A ROYAL 'SEX SLAVE' Forced me to do it with him 3 times,
she says Perverted N.Y. money big arranged it all A pack of
lies, says spokesman for Brit family Daily News (New York),
January 3, 2015 Saturday, NEWS; Pg. 8, (753 words), BY
DARER GREGORIAN and CORKY SIEMASZKO NEW YORK
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DAILY NEWS
Note: Does not relate to money laundering or terrorist
financing.
9.
British royal is named in suit alleging unlawful sex; Motion
claims that minor was forced into relations with prince and
others International New York Times, January 5, 2015
Monday, NEWS; Pg. 5, (716 words), EMMA G.
FITZSIMMONS
Note: Possible match- sex trafficking could relate to money
laundering.
10.
Prince Is Named in Suit Alleging Sex With Minor The New
York Times, January 4, 2015 Sunday, Section A; Column 0;
National Desk; Pg. 16, (673 words), By EMMA G.
FITZSIMMONS
Note: Possible match- sex trafficking could relate to money
laundering.
11. Dershowitz on the Defense The New York Times, December
13, 2015 Sunday, Section BU; Column 0; Money and
Business/Financial Desk; Pg. 1, (2607 words), By BARRY
MEIER
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Negative News / English
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Note: Possible match- sex trafficking could relate to money
laundering.
12. Labor Pick's Role in Sex Case May Cloud Bid The New York
Times, February 18, 2017 Saturday, Section A; Column 0;
National Desk; Pg. 14, (536 words), By BARRY MEIER
Note: Possible match- sex trafficking could relate to money
laundering.
13.
Prince, Back in News, Faces Curse of the 'Spare' The New
York Times, January 17, 2015 Saturday, Section A; Column 0;
Foreign Desk; Pg. 4, (1191 words), By STEVEN ERLANGER
Note: Does not relate to money laundering or terrorist
financing.
14.
President's Pick to Lead Labor Dept. Is Confirmed The New
York Times, April 28, 2017 Friday, Section A; Column 0;
National Desk; Pg. 14, (594 words), By MAYA SALAM
Note: Does not relate to money laundering or terrorist
financing.
15. Labor Nominee Dismisses Fears of Political Pressure The
New York Times, March 23, 2017 Thursday, Section A;
Column 0; National Desk; Pg. 15, (862 words), By YAMICHE
ALCINDOR
Note: Does not relate to money laundering or terrorist
financing.
16. Dershowitz and 2 Other Lawyers Settle Legal Fight The New
York Times, April 12, 2016 Tuesday, Section B; Column 0;
Business/Financial Desk; Pg. 2, (425 words), By BARRY
MEIER
Note: Does not relate to money laundering or terrorist
financing.
17. No Documents Found
JEFFREY EDWARD EPSTEIN
18. No Documents Found
19. No Documents Found
Return to List
Cases
Negative News / English
Cases
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Negative News / English
Note: Immaterial
1 of 19 Documents
Financial Law Reporter (Global)
May 19, 2016 Thursday
Tennessee Court of Appeals Opinion: Alexis Breanna Gladden v. Cumberland
Trust and
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Investment Company et al.
LENGTH: 3166 words
DATELINE: New York
Nashville: Tennessee Court of Appeals has issued the following Opinion:
IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
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November 19, 2015 Session
ALEXIS BREANNA GLADDEN v. CUMBERLAND TRUST AND INVESTMENT COMPANY, ET AL.
Appeal from the Circuit Court for Hamblen County
No. 12-CV-119 Thomas J. Wright, Judge
No. E2015-00941-COA-R9-CV-FILED-MARCH 24, 2016
We granted an interlocutory appeal pursuant to Tenn. R. App. P. 9 in this
case to consider whether the signature of the trustee of the
Alexis Breanna Gladden Irrevocable Trust ("the Trust") on an investment/-
brokerage account agreement agreeing to arbitration binds
the minor beneficiary of the Trust to conduct arbitration of unknown future
disputes or claims. We find and hold that while the plain
language of the trust agreement does allow the trustee to agree to arbitrate
claims and disputes that have arisen, it does not allow the
trustee to agree to arbitration of unknown future disputes or claims.
Therefore, the signature of the trustee of the Trust on an
investment/brokerage account agreement agreeing to arbitration does not bind
the minor beneficiary to conduct arbitration of unknown
future disputes or claims.
Tenn. R. App. P. 9 Interlocutory Appeal by Permission; Judgment of the
Circuit Court Reversed; Case Remanded
D. MICHAEL SWINEY, CHIEF JUDGE, delivered the opinion of the court, in which
CHARLES D. SUSANO, JR., and JOHN W.
MCCLARTY, JJ., joined.
F. Braxton Terry, Morristown, Tennessee and W. Lewis Jenkins, Jr.,
Dyersburg, Tennessee, for the appellant, Alexis Breanna Gladden
b/n/f Wade Harvey, Jr.
Mark D. Griffin and Will E. Routt, Memphis, Tennessee, for the appellees,
Wunderlich Securities, Inc. and Albert M. Alexander, Jr.
2
OPINION
Background
Alexis Breanna Gladden ("the Minor") is a minor who was catastrophically
injured at a young age and suffered severe disabilities. The
Trust was created for the benefit of the Minor in Hamblen County, Tennessee,
and was approved by and subject to the order of the
Circuit Court for Hamblen County ("the Trial Court"). As pertinent to this
appeal, the trust agreement establishing the Trust by order of
the Trial Court ("Trust Agreement") provides:
Section 11.01 Introduction to Trustee's Powers
The Trustee may exercise, without prior approval from any court, all powers
conferred by this trust agreement and any other powers
conferred by law, including, without limitation, those powers set forth
under the common law or any fiduciary powers act or other laws
of the State of Tennessee, except as otherwise specifically provided in this
agreement. Each power conferred upon the Trustee by
state or federal statutes shall be subject to any express limitations or
contrary directions contained in this agreement.
* * *
Section 11.05 The Trustee's Administrative Powers
In addition to the other powers granted the Trustee in other provisions of
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this agreement, the Trustee shall have the following
administrative powers:
* * *
(e) Settlement Powers
The Trustee may settle, by compromise, arbitration or otherwise any and all
claims and demands in favor of or against, or in any way
relating to, any trust created under this agreement upon such terms as the
Trustee may determine. The Trustee may release or
abandon any claims in favor of this trust.
3
Wade Harvey, Sr. ("Plaintiff") was appointed as the guardian of the Minor in
June of 2011. In May of 2012, Plaintiff filed suit on behalf
of the Minor against several defendantsl alleging, among other things,
failure to properly manage the Trust funds, breach of fiduciary
duty, and misappropriation of the Trust funds.
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Defendants Wunderlich Securities, Inc. ("Wunderlich") and Albert M.
Alexander, Jr. ("Alexander") filed a motion to compel arbitration
and stay the proceedings alleging, in part, that in connection with opening
an account at Wunderlich in the name of the Trust, the
trustee, the Minor, and Wunderlich had entered into a binding compulsory
agreement to arbitrate all controversies.2
After a hearing on the motion to compel arbitration, the Trial Court entered
its order on February 12, 2013 granting the motion to
compel arbitration and stay the proceedings. Plaintiff then filed a motion
seeking an interlocutory appeal pursuant to Tenn. R. App. P.
9 from the February 12, 2013 order compelling arbitration. The Minor died in
July of 2013 and an Agreed Order was entered on
September 18, 2013 substituting Plaintiff for the Minor in this suit.
After a hearing on the motion for interlocutory appeal, the Trial Court
entered its order on May 12, 2015 finding that an interlocutory
appeal was justified because if Plaintiff were correct any arbitration
decision could be invalid as the arbitrator would not have authority
to hear the matter. An interlocutory appeal, therefore, would assist in
potentially reducing needless litigation. The Trial Court granted
Plaintiff leave to seek permission for an interlocutory appeal with this
Court. This Court granted permission for an interlocutory appeal
by order entered June 23, 2015 on the sole issue of whether the trustee's
signature on an investment/brokerage account agreement
agreeing to arbitration binds the Minor beneficiary to conduct arbitration
of unknown future disputes or claims.
Discussion
Wunderlich and Alexander raise an issue regarding whether this Court has
subject matter jurisdiction to hear this interlocutory appeal.
Jurisdiction is a threshold issue as our Supreme Court explained in
v. Hopkins, stating:
1 Plaintiff sued Cumberland Trust and Investment Company, Joi S. Chatman,
Albert M. Alexander, Jr., Wells Fargo & Company, Wells
Fargo Advisors, LLC as successor in interest to A.G. Edwards, Inc., d/b/a
A.G. Edwards & Sons, Inc., A.G. Edwards, Inc., A.G.
Edwards & Sons, Inc., and Wunderlich Securities, Inc.
2 Defendants Wells Fargo & Company, Wells Fargo Advisors, LLC as successors
in interest to A.G. Edwards, Inc. d/b/a A.G. Edwards
& Sons, Inc., A.G. Edwards, Inc. and A.G. Edwards & Sons, Inc (collectively
"Wells Fargo") joined in the motion to compel arbitration.
Plaintiff later took a voluntary non-suit without prejudice as to Wells
Fargo.
4
Subject matter jurisdiction involves the court's lawful authority to
adjudicate a controversy brought before it. Chapman v. DaVita, Inc.,
380 S.W.3d 710, 712 (Tenn. 2012); Meighan v. U.S. Sprint Commc'ns Co., 924
S.W.2d 632, 639 (Tenn. 1996). Subject matter
jurisdiction is conferred by statute or the Tennessee Constitution; the
parties cannot confer it by appearance, plea, consent, silence, or
waiver. In re Estate of Trigg, 368 S.W.3d 483, 489 (Tenn. 2012). Any order
entered by a court lacking jurisdiction over the subject
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matter is void. Id. Therefore, subject matter jurisdiction is a threshold
inquiry, which may be raised at any time in any court. Id.
Johnson v. Hopkins, 432 S.W.3d 840, 843-44 (Tenn. 2013). Given all this, we
will address this issue.
Wunderlich and Alexander argue in their brief on appeal that subject matter
jurisdiction in this case is governed by Tenn. Code Ann. ]
29-5-319, and because an order to compel arbitration does not fall within
one of the enumerated categories in this statute, subject
matter jurisdiction is lacking. Although Plaintiff did not have the right to
an appeal pursuant to Tenn. Code Ann. ] 29-5-319 in this case
at this juncture, this fact did not preclude Plaintiff from filing an
application seeking an interlocutory appeal by permission pursuant to
Tenn. R. App. P. 9, which is exactly what Plaintiff did.
In pertinent part, Rule 9 provides:
Except as provided in Rule 10, an appeal by permission may be taken from an
interlocutory order of a trial court from which an appeal
lies to the Supreme Court, Court of Appeals or Court of Criminal Appeals
only upon application and in the discretion of the trial and
appellate court.
Tenn. R. App. P. 9. Plaintiff filed a motion with the Trial Court seeking
leave for an interlocutory appeal pursuant to Tenn. R. App. P. 9.
The Trial Court considered Plaintiff's motion, exercised its discretion, and
granted permission to file for an interlocutory appeal to this
Court. This Court then considered Plaintiff's motion and in the exercise of
our discretion granted the motion for interlocutory appeal.
Wunderlich and Alexander are simply incorrect in their assertion that this
Court lacks subject matter jurisdiction to hear this
interlocutory appeal by permission pursuant to Tenn. R. App. P. 9.
Wunderlich and Alexander attempt to raise other issues in this appeal
including whether Plaintiff lacks standing and whether Plaintiff's
claims fall within the scope of the
5
arbitration agreement. These issues were not certified in our order granting
this interlocutory appeal. In addition, the issue of standing
was not presented to the Trial Court. As the Trial Court did not have an
opportunity to consider this issue, and as the record on appeal
has not been developed with regard to this issue, we are unable to consider
the issue of standing at this time. For all of these reasons
we will not address the other issues that Wunderlich and Alexander attempt
to raise.
In Trigg v. Little Six Corp., a case involving a Rule 9 interlocutory appeal
of a trial court's decision on a motion to compel arbitration,
we explained the standard of review to be applied stating:
Our review of a trial court's grant or denial of a motion to compel
arbitration is governed by the same standards that apply to a bench
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trial. Mitchell v. Kindred Healthcare Operating, Inc., 349 S.W.3d 492, 496
(Tenn. Ct. App. 2008). As we observed in Rosenberg v.
BlueCross BlueShield of Tenn., Inc., 219 S.W.3d 892, 903-04 (Tenn. Ct. App.
2006),
[a]s a general rule, a court's enforcement of an arbitration provision is
reviewed de novo. See Cooper v. MRM Inv. Co., 367 F.3d 493,
497 (6th Cir. 2004). A trial court's order on a motion to compel arbitration
addresses itself primarily to the application of contract law.
We review such an order with no presumption of correctness on appeal. See
Pyburn v. Bill Heard Chevrolet, 63 S.W.3d 351, 356
(Tenn. Ct. App. 2001); see also Nelson v. Wal-Mart Stores, Inc., 8 S.W.3d
625, 629 (Tenn. 1999). However, to the extent that findings
of fact are necessary concerning the "cost-prohibitive" nature of the
arbitration sought, these findings come to us with a presumption of
correctness absent a preponderance of evidence to the contrary. Tenn. R.
App. P. 13(d); T.R. Mills Contractors v. WRH Enterprises,
LLC et al., 93 S.W.3d 861, 864 (Tenn. Ct. App. 2002).
Trigg v. Little Six Corp. 457 S.W.3d 906, 911 (Tenn. Ct. App. 2014).
We granted this Tenn. R. App. P. 9 interlocutory appeal on the sole issue of
whether the signature of the trustee on an
investment/brokerage account agreement agreeing to arbitration binds the
Minor beneficiary of the Trust to conduct arbitration of
unknown future disputes and claims. As this Court has explained:
Trust instruments are interpreted similarly to contracts, deeds, or
6
wills. Marks v. Southern Trust Co., 203 Tenn. 200, 205, 310 S.W.2d 435,
437-38 (1958). Determining the settlor's intent is important
and may be easily done by looking to the four corners of the trust
instrument. Marks v. Southern Trust Co., 203 Tenn. at 205, 310
S.W.2d at 438. Unless the trust instrument is ambiguous or allegations of
fraud, accident or mistake have been made, parol evidence
or evidence of surrounding facts and circumstances that contradicts or
varies the terms of a written instrument may not be considered.
HMF Trust v. Bankers Trust Co., 827 S.W.2d 296, 299 (Tenn. Ct. App. 1991);
Brown v. Brown, 45 Tenn. App. 78, 95, 320 S.W.2d 721,
728 (1959).
In re: Estate of Marks, 187 S.W.3d 21, 28 (Tenn. Ct. App. 2005). With regard
to interpretation of contracts, this Court has explained:
In resolving a dispute concerning contract interpretation, our task is to
ascertain the intention of the parties based upon the usual,
natural, and ordinary meaning of the contract language. Planters Gin Co. v.
Fed. Compress & Warehouse Co., Inc., 78 S.W.3d 885,
889-90 (Tenn. 2002)(citing Guiliano v. Cleo, Inc., 995 S.W.2d 88, 95 (Tenn.
1999)). A determination of the intention of the parties "is
generally treated as a question of law because the words of the contract are
definite and undisputed, and in deciding the legal effect of
the words, there is no genuine factual issue left for a jury to decide."
Planters Gin Co., 78 S.W.3d at 890 (citing 5 Joseph M. Perillo,
Corbin on Contracts, ] 24.30 (rev. ed. 1998); Doe v. HCA Health Servs. of
Tenn., Inc., 46 S.W.3d 191, 196 (Tenn. 2001)). The central
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tenet of contract construction is that the intent of the contracting parties
at the time of executing the agreement should govern. Planters
Gin Co., 78 S.W.3d at 890. The parties' intent is presumed to be that
specifically expressed in the body of the contract. "In other
words, the object to be attained in construing a contract is to ascertain
the meaning and intent of the parties as expressed in the
language used and to give effect to such intent if it does not conflict with
any rule of law, good morals, or public policy." Id. (quoting 17
Am.Jur.2d, Contracts, ] 245).
This Court's initial task in construing the Contract at issue is to
determine whether the language of the contract is ambiguous. Planters
Gin Co., 78 S.W.3d at 890. If the language is clear and unambiguous, the
literal meaning of the language controls the outcome of the
dispute. Id. A contract is ambiguous only when its meaning is uncertain and
may fairly be understood in more than one way. Id.
(emphasis added). If the contract is found to be ambiguous, we then apply
established rules of construction to
7
determine the intent of the parties. Id. Only if ambiguity remains after
applying the pertinent rules of construction does the legal
meaning of the contract become a question of fact. Id.
Kafozi v. Windward Cove, LLC, 184 S.W.3d 693, 698-99 (Tenn. Ct. App. 2005).
When interpreting the Trust Agreement, we must take care not to render any
of the language superfluous by our interpretation. As this
Court explained in Associated Press v. WGNS Inc.:
It is the universal rule that a contract must be viewed from beginning to
end and all its terms must pass in review, for one clause may
modify, limit or illuminate another.
As is said in 6 R.C.L. page 838 under the title "Contracts",
"Taking its words in their ordinary and usual meaning, no substantive clause
must be allowed to perish by construction, unless
insurmountable obstacles stand in the way of any other course. Seeming
contradictions must be harmonized if that course is
reasonably possible. Each of its provisions must be considered in connection
with the others, and, if possible, effect must be given to
all. A construction which entirely neutralizes one provision should not be
adopted if the contract is susceptible of another which gives
effect to all of its provisions. The courts will look to the entire
instrument, and, if possible, give such construction that each clause shall
have some effect, and perform some office."
Associated Press v. WGNS Inc., 348 S.W.2d 507, 512 (Tenn. Ct. App. 1961)
(citation omitted).
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The Trust Agreement provides in plain unambiguous language that the trustee
has the right to "settle, by compromise, arbitration or
otherwise any and all claims and demands . . .," and "may release or abandon
any claims in favor of this trust." Thus, without question
the trustee has the right under the Trust Agreement to agree to arbitration
binding the Minor beneficiary as to claims or demands once
they have arisen. This provision in the Trust Agreement is consistent with
the Tennessee Uniform Trust Code, Tenn. Code Ann. ] 3515-101,
et seq. Specifically, Tenn. Code Ann. ] 35-15-816 provides:
8
35-15-816. Specific powers of trustee.
* * *
(b) Unless the terms of the instrument expressly provide otherwise and
without limiting the authority conferred by ] 35-15-815, a
trustee may:
* * *
(14) Pay or contest any claim, settle a claim by or against the trust, and
release, in whole or in part, a claim belonging to the trust;
Tenn. Code Ann. ] 35-15-816(b)(14) (2015).
In their brief on appeal Wunderlich and Alexander argue, in part, that the
"any and all" language contained in Section 11.05(e) of the
Trust Agreement shows that the clause does not refer only to existing claims
and demands, but also can include disputes that have
not yet arisen. Black's Law Dictionary, however, defines the term "claim" as:
1. The aggregate of operative facts giving rise to a right enforceable by a
court <the plane crash led to dozens of wrongful death
claims>. 2. The assertion of an existing right; any right to payment or
to an equitable remedy, even if contingent or provisional
<the spouse's claim to half of the lottery winnings>. 3. A demand for
money or property to which one asserts a right <an
insurance claim>.
BLACK'S LAW DICTIONARY 240 (7th ed. 1999). The word "claim" simply does not
include disputes that have not yet arisen. As such,
the "any and all" language contained in Section 11.05(e) of the Trust
Agreement, which modifies the words "claims and demands,"
cannot refer to disputes not yet in existence.
The Trust Agreement does not provide that the trustee has the right to agree
to arbitration prior to a claim or demand arising. To hold
that it does would result in re-writing the agreement, which clearly and
unambiguously provides the trustee the right to agree to
arbitration only after claims or demands arise. Furthermore, it is difficult
to comprehend how a trustee could foresee that agreeing to
arbitrate a claim or dispute would be in the best interest of a minor when
the trustee lacks knowledge of what that future claim or
dispute might encompass. Given the nature of the claim or dispute
arbitration may very well not be in the best interest of a minor
beneficiary and agreeing to arbitration could potentially violate the duties
that a trustee owes to a minor beneficiary
9
of a trust. See Tenn. Code Ann. ] 35-15-801 et seq. (discussing duties and
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powers of trustee).
As the plain and unambiguous language of the Trust Agreement did not give
the trustee the power to agree to arbitration of unknown
future claims or disputes, we find and hold that the signature of the
trustee on the investment/brokerage account agreement agreeing
to arbitration does not bind the Minor beneficiary of the Trust to conduct
arbitration of unknown future disputes or claims.
Conclusion
The judgment of the Trial Court granting the motion to compel arbitration is
reversed, and this cause is remanded to the Trial Court for
further proceedings consistent with this Opinion and for collection of the
costs below. The costs on appeal are assessed against the
appellees, Wunderlich Securities, Inc. and Albert M. Alexander, Jr.
D. MICHAEL SWINEY, CHIEF JUDGE
In case of any query regarding this article or other content needs please
contact: [email protected]
LOAD-DATE: May 19, 2016
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Journal
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Search Terms:(((Southern Financial LLC)) w/25 (abus! or allegati! or ambush!
or apprehen! or arraign! or arrest! or assault! or asset
freez! or bankrupt! or blackmail! or brib! or captive or class action or
contrab! or convict! or corrupt! or counterfe! or drug dealer or
embez! or extort*** or extremis! or felon* or fined or fraud! or fugit! or
guilt! or illegal! or illicit! or impris! or incarc! or incrim! or indict! or
jail! or kickback or kidnap! or larcen! or launde! or liquidat! or mafi* or
miscond! or murde! or narcot! or parole! or politically exposed or
racketee! or rape* or robbery or robbed or robber or robberies or sanction!
or smuggl! or steal or stealing or stole* or terroris! or theft or
traffick! or traffik! or unlaw! or violat!)) and INDEX-CODE( BANKING &
FINANCE OR COMPANY ACTIVITIES & MANAGEMENT OR
CRIME, LAW ENFORCEMENT & CORRECTIONS OR INTERNATIONAL RELATIONS & NATIONAL
SECURITY OR LAW & LEGAL
SYSTEM OR SOCIETY, SOCIAL ASSISTANCE & LIFESTYLE OR TRENDS & EVENTS) AND NOT
(PUBLICATION-TYPE(Newswire
or depeche or Presseagentur or Agencia or Agenzia or Persbureau or
Comunicado de imprensa or بيان
صحفي or Пресс-
релиз or
Pressemeddelelse or Pressemelding or Lehdist6tiedote or Pressmeddelande))
AND (DATE >=2013-04-30)
Source:All English Language News
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Search Terms:((Darren K pre/2 Indyke)) and ((Indyke) w/25 (abus! or
allegati! or ambush! or apprehen! or arraign! or arrest! or
assault! or asset freez! or bankrupt! or blackmail! or breach! or brib! or
captiv! or class action or contrab! or convict! or corrupt! or
counterf! or court case or drug dealer or deceive* or decept! or deprav!! or
detain! or detention or disgra! or disquali! or drug abuse* or
drug addict! or drug user or embez! or extort*** or extremis! or felon* or
fined or fraud! or fugit! or guilt! or illegal! or illicit! or impris! or
incarc! or incrim! or indict! or injunct! or inside! deal! or inside! info!
or jail! or kickback or kidnap! or larcen! or launde! or liquidat! or
litigat! or mafi* or manipul! or miscond! or misdem! or murde! or narcot! or
nefario! or offen! or parole! or politically exposed or prohibit!
or prosecu! or racketee! or rape* or robbery or robbed or robber or
robberies or sanction! or scam! or scandal! or sexual! or smuggl! or
steal or stealing or stole* or terroris! or theft or traffik! or traffick!
or unlaw! or verdict or violat!)) and INDEX-CODE( BANKING &
FINANCE OR COMPANY ACTIVITIES & MANAGEMENT OR CRIME, LAW ENFORCEMENT &
CORRECTIONS OR
INTERNATIONAL RELATIONS & NATIONAL SECURITY OR LAW & LEGAL SYSTEM OR
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SOCIETY, SOCIAL ASSISTANCE &
LIFESTYLE OR TRENDS & EVENTS) AND NOT (PUBLICATION-TYPE(Newswire or depeche
or Presseagentur or Agencia or
Agenzia or Persbureau or Comunicado de imprensa or
بيان صحفي or
Пресс-релиз or
Pressemeddelelse or Pressemelding or
Lehdistetiedote or Pressmeddelande)) AND (DATE >=2013-04-30)
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Detroit Free Press (Michigan)
February 2, 2017 Thursday
1 Edition
Once feared lost, black films to screen at DIA;
Actors, directors offer own take on Hollywood during segregation
BYLINE: By, John Monaghan, Special to the Detroit Free Press
SECTION: LIFE AND ENTERTAINMENT; Pg. D7
LENGTH: 1427 words
James Wheeler was about 9 when he first saw Spencer Williams' "The Blood of
Jesus," in which a woman is shot by her husband and
journeys to the crossroads between heaven and hell. He watched the movie,
which featured an all-black cast, not in a theater but on a
portable 16mm projector in a cafe his mother ran in Waldo, Ark. He figures
it was around 1948.
"That movie, man, it made you feel like you were following the spirit of
this woman all the way to heaven," remembered Wheeler, who
now lives in Southfield. "As a kid growing up in the South, it all seemed so
real. I can't even begin to tell you the impression that left on
me."
Screening this Sunday, "The Blood of Jesus" serves as the centerpiece of
"Pioneers of African-American Cinema," running primarily
this weekend (and two additional dates) at the Detroit Film Theatre at the
Detroit Institute of Arts. The series takes nine features from a
recently released Kino Lorber set of rare black films and projects them on
the DFT screen in high-definition digital. All screenings are
free
"We wanted to show several films to provide the broadest possible overview,"
said Elliot Wilhelm, the DIA's film curator. "We have the
heralded movies of Spencer Williams and Oscar Micheaux, and others made
primarily for their entertainment value, movies emulating
the Hollywood product that black audiences would see at segregated theaters
throughout the South."
Movies made by and for African Americans, sometimes called "race films,"
were shown in theaters, but more often screened in popular
community gathering places like churches or cafes like the one in which
Wheeler saw many of these films for the first time. For
Wheeler, this led to a lifelong study of the movies and their makers,
including Williams, who made "The Blood of Jesus," and
Micheaux, whose ingenuity behind the camera and subject matter have made him
the most famous of the early black filmmakers.
Three of his titles will be shown.
Micheaux's films are often called a response to the racist images of D.W.
Griffith's "The Birth of a Nation," which showed black
characters (often portrayed by white actors in black face) as lazy and often
evil. Yet these films also featured racial stereotypes. The
stories often involved drinking, gambling and other illegal activities, with
the church the sole road to salvation.
Wheeler defends the overt melodrama of these early films as an important
stepping stone to more nuanced works. "Those filmmakers
did what they could to get these works out and seen by the public," he said.
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"And sometimes, they relied on familiar stereotypes."
An exception is "The Flying Ace," a 1926 aviation drama made by Southern -
born white director Richard E. Norman and featuring
African Americans in roles that traditionally had been played by white
actors. This Friday night offering screens in a stunning new
digital restoration and with live musical accompaniment. Just over an hour
long, the movie will be shown with home movies taken by
the Rev. Solomon Sir Jones, who took priceless footage of African American
life in his rural Oklahoma hometown.
Motown connections are strong in two of the titles. Detroit-born Herb
Jeffries stars in "The Bronze Buckaroo" (1939), one of several
films in which he starred as the first black singing cowboy. Jeffries
(sometimes billed as Herbert Jeffrey) had a long career in movies
and on television as an actor, musician and singer-songwriter. He died in
2014 at the age of 100.
The Detroit-made "Eleven P.M." (1928), which screens on Saturday afternoon,
is fascinating on several levels, first for its exterior
shots of black neighborhoods around the time it was made in the late 1920s
and for its subject matter, which puts a surrealistic spin on
a seemingly simple morality tale about a slick hoodlum who preys on the poor
violinist who once tried to help him.
The movie ends with one of the strangest images in all of cinema, in which a
character returns in the form of a half-man/half-dog to
take revenge on the man who killed him. Wilhelm likens the movie to
something from surrealist artist and poet Jean Cocteau. Along
with "The Blood of Jesus," it is a must-see title in the program.
"Eleven P.M." is one of two features produced in Detroit by Cuba-born
Richard Maurice, who worked as a tailor before launching the
Maurice Film Co. in 1920. There are no known prints of his first feature,
"Nobody's Children," from 1920, but "Eleven P.M.," which he
also starred in, has only gained in reputation since it screened about 20
years ago at the DFT in a grainy and incomplete video print.
The digital restorations (more than half of them screening in professional-
quality DCP) will be an eye-opener for film buffs. With a film
like "Eleven P.M.," the heightened clarity will have them reading street and
window signs, license plates and even manhole covers
looking for clues for how Detroit found its way into the film.
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This is exactly what film historian Wheeler did when he first got his first
VHS copy of "Eleven P.M." decades ago and examined it with
a fellow scholar.
"We must have watched that movie a hundred times. ... The best we could
figure is that it was filmed on Gratiot near downtown,"
Wheeler said. "Some of the actual locations are lost to me now, but the idea
of having any documentation of that area makes the film
even more special."
Many of these films were once considered lost. A now-legendary discovery of
black films in a warehouse in Tyler, Texas, in the mid'80s
resurrected many of the titles, including "The Blood of Jesus." In 1991,
that movie became the first so-called race film to be added
to the U.S. National Film Registry.
Wilhelm notes that the continued efforts of individuals like Wheeler - along
with institutions like Yale University, the Museum of Modern
Art, the Library of Congress and the Martin Scorsese-led Film Foundation
have discovered and preserved movies that would
otherwise be lost. "The fact that any of these movies have survived is
miraculous," he said.
The "Pioneers of African-American Cinema" series schedule
"The Flying Ace" (1926, director Richard E. Norman): Aviators are rivals on
the ground in the air in this Hollywood-style adventure
filmed in Jacksonville, Fla. (7 p.m. Fri.)
"Dirty Gertie From Harlem, U.S.A." (1946, director Spencer Williams): This
loose adaptation of W. Somerset Maugham's "Miss Sadie
Thompson" pits a nightclub entertainer against a reformer at a Caribbean
resort. (9:30 p.m. Fri.)
"Eleven P.M." (1928,
director Richard Maurice): A Detroit-filmed blend of melodrama and
surrealism features director Maurice as a poor violinist whose
family is preyed upon by a hoodlum he once helped. (3 p.m. Sat.)
"Hell-Bound Train" (1930, directors James and Eloyce Gist): Created by
African-American evangelists, this a 50-minute non-narrative
film depicts drinking, dancing, gambling and other Jazz Age sins presided
over by the figure of the devil. (3 p.m. Sat., showing on the
same program with "Eleven P.M.")
"Body and Soul" (1925, director Oscar Micheaux): Paul Robeson stars as twin
brothers, one hard-working and the other a predatory
minister in a tinted print with musical score by Paul Miller, a.k.a. DJ
Spooky. (7 p.m. Sat.)
"Ten Nights in a Bar Room" (1926, director Roy Calnek): Based on a popular
19th-Century temperance novel, the film features
Charles Sidney Gilpin as a man whose alcoholism wrecks his life and those
around him. (9:30 p.m. Sat.)
"The Blood of Jesus" (1941, director Spencer Williams): Williams' religious
parable overcame its low budget with inventive images
about a murdered woman's journey to the afterlife. (2 p.m. Sun.)
"Within Our Gates" (1920, director Oscar Micheaux): A young woman's plan to
open an elementary school for the black community is
thwarted by religious, social and political forces in this earliest
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surviving feature by an African-American director. (4:30 p.m. Sun.)
"The Girl from Chicago" (1932, director Oscar Micheaux): Dramatic scenes and
musical numbers punctuate this early sound film from
Micheaux about a federal agent who falls in love while on assignment in
Mississippi. (3 p.m. Feb. 18)
"The Bronze Buckaroo" (1939, director Richard C. Kahn): The best of several
films in which dashing, Detroit-born Herb Jeffries plays
a black version of a Gene Autry-style singing cowboy, this time enlisted to
locate a girl kidnapped by unscrupulous ranchers. (3 p.m.
April 22)
The "Pioneers of African-American Cinema" series
Fri.-Sun., Feb. 18 and April 22
Detroit Film Theatre at the Detroit Institute of Arts
5200 Woodward Ave., Detroit
313-833-4005
www.dia.org/dft
Free
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GRAPHIC: Detroit Film Theatre
A loose adaptation of "Miss Sadie Thompson," the 1946 film "Dirty Gertie
From Harlem, U.S.A." pits a nightclub entertainer against a
reformer.
Detroit Film Theatre
The Detroit-filmed "Eleven P.M." looks at black life in the '20s and puts a
surrealistic spin on a morality tale.
PUBLICATION-TYPE: Newspaper
JOURNAL-CODE: dfp
Copyright 2017 Detroit Free Press
All Rights Reserved
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FOCUS - 5 of 19 Documents
mirror.co.uk
April 28, 2016 Thursday 11:23 PM GMT
Donald Trump denies rape of teenage girl at 'sex party with convicted
paedophile Jeffrey
Epstein';
The presidential hopeful categorically denies sexually assaulting and raping
the woman
at his New York residence back in 1994
BYLINE: By Christopher Bucktin
SECTION: NEWS,WORLD NEWS
LENGTH: 977 words
US presidential hopeful Donald Trump has been accused of raping a woman when
she was a teenager.
The Republican front-runner has been accused of sexually assaulting the
alleged victim with Jeffrey Epstein.
The bombshell claim threatens to derail Trump's bid for the White House , as
he is currently on course to win the party's nomination for
the November election.
The billionaire businessman responded last night saying the "allegations are
not only categorically false".
The alleged victim lodged her claim in the Central District Court of
California on Tuesday.
She accused Trump and fellow billionaire Epstein of "sexual abuse under
threat of harm" and "conspiracy to deprive civil rights."
In her claim, the woman "alleges she was enticed by promises of money and
modelling career to attend a series of underage sex
parties held at the New York City residence of defendant Jeffrey E Epstein
and attended by Donald J Trump."
She claims she was forced to perform a sex act on Trump, 69, and "engage in
an unnatural lesbian sex act with her fellow minor and
sex slave".
She said on the "fourth and final sexual encounter" Trump "proceeded to
forcibly rape the Plaintiff."
The woman alleges in her claim she "loudly pleaded with defendant Trump to
'please wear a condom'."
She claims the acts took place from June to September 1994.
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Read more : Girls aged 8 and 11 pepper-sprayed during Donald Trump rally
chaos as opponents and supporters clash
The woman alleges "she was subject to extreme sexual and physical abuse"
from the age of 13.
"On the first occasion," the alleged victim said she "was forced to manually
stimulate Defendant Trump with the use of her hand ... until
he reached sexual orgasm."
She then goes on: "On the second occasion," the documents state, she "was
forced to orally copulate Defendant Trump by placing her
mouth upon Defendant Trump's erect penis until he reached sexual orgasm.
In response to the allegations Trump told Radar Online: "The allegations are
not only categorically false, but disgusting at the highest
level and clearly framed to solicit media attention or, perhaps, are simply
politically motivated.
"There is absolutely no merit to these allegations. Period."
Epstein has yet to comment on the allegations.
The woman claims she was threatened with her life if she ever spoke of the
abuse she alleges she suffered.
In closing her statement she added: "[The alleged victim] was fully warned
on more than one occasion by both defendants, Donald J.
Trump and Jeffrey E, Epstein, that were she ever to reveal any of the
details of the sexual and physical abuse that she had suffered
as a sex slave for defendant Trump and defendant Epstein, that plaintiff
Johnson and her family would be in mortal danger.
"The Plaintiff was warned that this would mean certain death for herself and
the Plaintiff family unless she remained silent forever on
the exact details of the depraved and perverted sexual and physical abuse
she had been forced to endure from the defendants."
According to the documents, the woman is representing herself in the case.
The allegations emerged less than 24 hours after Trump attracted criticism
after proudly boasting while on the campaign trial in
Indianapolis that he had been endorsed by Mike Tyson.
The state is where the former world heavyweight champion was convicted of
raping beauty pageant contestant Desiree Washington in
1992.
He was jailed for three years for the attack.
"Mike Tyson endorsed me," Trump told the crowd.
"I love it. He sent out a tweet. Mike. Iron Mike. You know, all the tough
guys endorse me. I like that, OK?
"But Mike said, 'I love Trump. I endorse Trump.' And that's the end. I'm
sure he doesn't know about your economic situation in Indiana.
But when I get endorsed by the tough ones, I like it, because you know what?
We need toughness now. We need toughness."
Read more : Amal Clooney slams Donald Trump - without even saying his name
Trump was a supporter of Tyson after the conviction, saying that "to a large
extent" he was "railroaded."
Trump had a financial interest in the case because Tyson's fights made money
for his hotels.
The businessman was previously accused of sexual assault by his ex-wife
Ivana Zelnickova during their divorce in 1991.
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The Czech-American socialite accused him of "raping" her three years
previously but later clarified her comment saying it was not in "a
literal or criminal sense".
Trump has always denied her allegation.
The allegation had appeared in a sworn deposition made by Ivana Trump
reported in the 1993 book 'Lost Tycoon: The Many Lives of
Donald J. Trump', by Harry Hurt III.
According the author, she accused him of rape after he allegedly attacked
her in a "violent assault".
In the book, it is alleged he ripped off her clothes to have sex with her.
The book claims she told her friends: "He raped me."
A spokesman for Trump wrongly claimed "you cannot rape your spouse".
However 50 states throughout the US say it is illegal.
Before Lost Tycoon was printed, Trump and his lawyers provided a statement
from Ivana, published beneath the allegation of rape.
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It read: "During a deposition given by me in connection with my matrimonial
case, I stated that my husband had raped me.
"I wish to say that on one occasion during 1989, Mr Trump and I had marital
relations in which he behaved very differently toward me
than he had during our marriage.
"As a woman, I felt violated, as the love and tenderness which he normally
exhibited toward me, was absent. I referred to this as a
'rape,' but I do not want my words to be interpreted in a literal or
criminal sense.
"Any contrary conclusion would be an incorrect and most unfortunate
interpretation of my statement which I do not want to be
interpreted in a speculative fashion and I do not want the press or media to
misconstrue any of the facts set forth above.
"All I wish is for this matter to be put to rest."
LOAD-DATE: April 28, 2016
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Newspaper; Web Publication
JOURNAL-CODE: WEBDMI
Copyright 2016 Trinity Mirror, Plc.
All Rights Reserved
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FOCUS - 6 of 19 Documents
The New York Times
January 7, 2015 Wednesday
Late Edition - Final
Lawyer Denies Suit's Allegations of Sex With a Minor
BYLINE: By TIMOTHY WILLIAMS
SECTION: Section A; Column 0; National Desk; Pg. 13
LENGTH: 591 words
A well-known criminal defense lawyer, who along with Prince Andrew has been
accused of having sex with an under-age girl, has
denied the allegations in a federal court filing and asked that his name be
removed from the case.
In court papers filed Monday in the Southern District of Florida,
representatives for the lawyer, Alan M. Dershowitz, called the claims
that he had sex with a minor "outrageous and impertinent."
The accusations against Mr. Dershowitz, a professor emeritus at Harvard Law
School, and Prince Andrew, second son of Queen
Elizabeth and fifth in line to the British throne, came in a motion filed
Dec. 30 as part of a broader, long-running federal lawsuit. Mr.
Dershowitz and Prince Andrew are not parties to the broader lawsuit.
The motion claimed that Jeffrey E. Epstein, a wealthy businessman who has
previously pleaded guilty to soliciting prostitution, had
forced the girl, beginning at age 15, to have sex with "politically
connected and financially powerful people," including Mr. Dershowitz
and Prince Andrew. Buckingham Palace has vehemently denied the allegations
against the prince.
The woman, who was not identified in the court document, was repeatedly
sexually abused by Mr. Epstein as a minor, the filing said,
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and was "required" to have sex with Prince Andrew and Mr. Dershowitz
several times, including in Florida, New York, New Mexico and
the Virgin Islands and on private planes.
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The motion also claimed that Mr. Dershowitz had abused other minors and had
been "an eyewitness to the sexual abuse of many
other minors" by Mr. Epstein and others.
In a statement accompanying the court filing, Mr. Dershowitz said the
encounters could not have occurred for several reasons,
including the one time he had visited Mr. Epstein's house in New Mexico. The
house was still under construction, and Mr. Dershowitz
said he had stayed for about an hour. He was accompanied, he said, by his
wife and daughter and another couple.
"Mr. Epstein was not there," Mr. Dershowitz said. "Nor were there any
young girls visible at any time."
Bradley J. Edwards, a lawyer for the woman, declined to comment Tuesday.
Mr. Dershowitz's lawyers said in their motion that the allegation was
"nothing more than a vehicle to impugn the reputation of
Professor Dershowitz, filed with the certain result of stirring up media
interest."
The motion argued that Mr. Dershowitz, who has previously served as Mr.
Epstein's lawyer, should be allowed to remove his name
from the case given that the allegations of sexual abuse had harmed his
reputation.
"Few accusations, if any, can launch such an immediate sensation as well as
an enduring taint, notwithstanding their utter falsity and
the impeccable reputation of the accused," the motion said.
Further, the motion maintained that the accusation, while "categorically
false," had no relevance to
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