And… The Sharp End Of The Spear… Has Emerged, From The Shadows — Of The Empire State.

In fairness, Aldt 440 alerted us that Ms. Smythe had it first — as I was (momentarily) off-grid at a client’s black-tie charity dinner, on the river…. the defense makes the usual — and largely discredited — noises, to try to hold on to some of his remaining liquid net worth.

It is still all up to the able Judge Matsumoto to decide, but it seems some of his putative (drug price-gouging, and securities fraud generated) estate… has… already left the building.

It seems the Empire State tax man already scooped the original WWII era coded message sending and transcribing machine called an  Enigma. [Conservatively, this should have garnered (at auction) more than $1 million — especially now that it bears the allure of this particularly intriguing narrative. But we may never know what the New York authorities got at auction for it. Be assured: Marty is never getting it — or the proceeds from the auction sale — back.] Note that the tax authorities never needed to show that his Enigma was purchased with crime proceeds — all they needed to do was demonstrate he hadn’t paid his taxes. That, they clearly did. Then they were able to attach and sell it. Done. So the defense’s argument about that point is… off base. It appears on the concluding pages of the below link.

Sweet — here is the entire eight page PDF of the filing, seeking (i) that the E*Trade account be used primarily (again) to pay lawyers (see above right graphic)… and (ii) the nearly one half of all the outstanding Vyera shares be the subject of a longer-term, carefully vetted process, to maximize their disposal value — and presumably preserve the jobs of Vyera employees, and retain some company/enterprise value for the non-affiliated stockholders of Vyera (formerly Turing). In sum — and to be clear — a return of the proceeds from the Enigma (among other things, in this brief) is not likely… ever to come to pass.

In these matters, the United States Government almost always comes out on top. This case, I predict, will be no different.

But I do expect at least some of the lawyers’ and accountants’ remaining unpaid fees will ultimately be paid.

Now you know. Namaste….