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Since the release of Albert Gore Jr.’s documentary An Inconvenient Truth, reliable conservative organizations like the American Enterprise Institute and Fox News Channel have been trying to paint Gore’s concern over global warming as hysteria. With the film’s recent Oscar wins (for both Best Song and Best Documentary), anti-environmentalists are on the march again.
Sean Hannity, in particular, has latched on to a report by a Tennessee conservative organization who have uncovered the massive energy bill incurred at one of the Gores’ houses in suburban Nashville. Tennessee’s NBC affiliate WBIR reported,
[F]ormer Vice President Al Gore was called a hypocrite by a Tennessee group that said his Belle Meade home is consuming too much energy.
The home’s average monthly electric bill last year was just under $1,200, according to bills that The Tennessean acquired from Nashville Electric Service.
“As the spokesman of choice for the global warming movement, Al Gore has to be willing to walk (the) walk, not just talk the talk, when it comes to home energy use,” said Drew Johnson, president of the Tennessee Center for Policy Research, identified as a free-market think tank.
Gore’s power bill shows, however, that the former vice president may be doing just that.
Gore purchased 108 blocks of “green power” for each of the past three months, according to a summary of the bills.
That’s a total of $432 a month Gore paid extra for solar or other renewable energy sources.
The green power Gore purchased in those three months is equivalent to recycling 2.48 million aluminum cans or 286,092 pounds of newspaper, according to comparison figures on NES’ Web site.
NES joined the TVA program in 2000 to give power customers a way to support environmentally sound sources of electricity. The Tennessean could not determine when Gore signed up for green power.
NES gets its electricity from TVA. Most is produced from coal, which emits carbon, a greenhouse gas. A lesser amount comes from nuclear power and a small amount from hydroelectric.
Gore would say that his beyond-average energy consumption, which in the case of this particular Tennessee home is equivalent to about the consumption of twenty average American homes, is balanced by the Kyoto-style “carbon offsets” he and his family have purchased or built (with their above-average wealth). But as Hannity will likely repeat until the day he dies, Gore takes private jets. A former Vice-President’s security detail is formidable and it seems like flying on a commercial airliner might pose some security risks, but jet travel is extremely harmful to the environment all the same. It is possible, even probable that Gore offsets his jet fuel-related pollution with one of several carbon offset exchanges.
Sean Hannity, the Fox News anchor and whose growing concern about Gore’s energy usage is matched only his skepticism of the dangers of global warming, has been at this story for days. Witness the clip at left where he gathers noted scientists like Ann Coulter to talk about global warming (which she calls part of a “druidic” anti-human liberal conspiracy). Hannity will not let up until every liberal guest he bullies will admit that Al Gore is a hypocrite.
Lest Gore consume massive amounts of greenwashed energy undefended, Keith Olbermann rode in to the rescue last night, breaking down the math of Gore’s massive energy bill:
Meanwhile, last night, Hannity & Colmes invited a real walk-the-walk, talk-the-talk Hollywood environmentalist, Ed Begley Jr., to see if Hannity could harangue Begley into insulting a man who isn’t even a politician anymore. Sample transcript:
Ed Begley, Jr., you know, I was watching the Oscars the other day. And, by the way, I’ve read a lot about your lifestyle, and I actually find it fairly impressive. You don’t travel around in private jets, do you?
ED BEGLEY, JR., ACTOR AND ENVIRONMENTALIST: No, I do not. I mostly drive cross-country or wherever I need to go in a Prius. If I have to be Friday in L.A. and Saturday in New York, I get in a commercial jet like anybody, but I mostly drive my Prius for long distances.
HANNITY: And you live, for example, in a self-sufficient home powered by solar energy that I read, as well, right?
BEGLEY, JR.: Yes, I use $600 a year worth of green power. They have a “green power” program at the LADWP, and to supplement my solar with my new family, extra people in the house and two businesses running out of the house, I use $600 a year worth of “green power” from the city.
HANNITY: All right, now I have disagreements. We’ll get into that as the program unfolds here. But you’re not being — living a life of a hypocrite.
Now, for example, during the Oscars, when Melissa Etheridge was singing her song from Al Gore’s movie, you saw in the background, the signs that said, “Are you ready to change the way you live?” “The climate crisis can be solved.” “You can reduce your carbon emissions,” et cetera, “weatherize your house,” “recycle”, “walk”, “ride a bike”, “use mass transit,” et cetera, et cetera.
I think it’s important that we identify. If Al Gore is going to carry this message, doesn’t he need to walk the walk? And do you have the courage to say, when he travels around in private jets, when he’s using this type of energy 20 times the national average, that he’s a hypocrite?
BEGLEY, JR.: I think we all need to do more. I think the Gores…
HANNITY: That’s not the question.
BEGLEY, JR.: … need to do more. I think Rachelle and…
HANNITY: I’m asking if Al Gore, “Mr. GulfStream,” is he a hypocrite?
BEGLEY, JR.: No, he’s not a hypocrite. No! I don’t think he’s a hypocrite. He’s doing a great deal. He’s got an unusual life. I don’t have a life like Al Gore’s. I’m not making presentations all over.
HANNITY: Oh. Oh.
RACHELLE CARSON, “LIVING WITH ED”: And he’s not the ex-vice president of the United States.
HANNITY: So he’s above us, the regular, little people?
BEGLEY, JR.: No. Who’s talking about little people? I’m talking about any vice president, stack them up against any vice president, see how he does. He may do well; he may not do well. But let’s look at that. Let’s look at that.
HANNITY: He needs those three or four homes, the eight bathrooms, the 20-room mansion. He needs the GulfStream to live his life, because he’s Al Gore. But the rest of us, we’re going to get lectured by him about our SUV use? And you don’t see that hypocrisy? That is pure, Class A hypocritical living. Why can’t you just acknowledge that?
BEGLEY, JR.: I want to — I’d like to learn more about the multiple homes. I’d like to learn more about this. I’d like to hear his response to all this before I comment. But I can I tell you it’s possible to live very simply. I live on very little, and I take public transportation. I ride my…
HANNITY: I’m praising you. You’re not a hypocrite. And I read you ride your bike to different Hollywood events, I read recently.
BEGLEY, JR.: Right.
HANNITY: You know, but Al Gore, for example, the average American home consumes 10,656 kilowatt hours. In just the month of August alone, he used twice the national average, and that’s only one of his homes.
More ardent environmentalists than Al Gore take issue with the extent of his proposals, rather than the specifics of his own personal consumption. For example, this AlterNet article from January of this year by David Morris:
Indeed, the “take action” section of Al Gore’s website, www.climatecrisis.net recommends the following steps. Put on a sweater. Use more efficient light bulbs. Turn the thermostat down 2 degrees. Drive less.
I’m sure Al Gore knows that even if millions of individuals were to adopt such actions, the pace of ecological disaster would not slow one whit. I presume he views these actions as a way for us to demonstrate our willingness accept responsibility for our consumption habits. The next, and far more important, step is to persuade us to work collectively and aggressively for bold new policies. A recent letter from Al Gore, emailed from MoveOn.org asked us to do just that by signing a petition to push Congress to action.
Gore declared, “I’m ready to push for real solutions, but I need your help …” The email offered no policy solutions. Nor does Al Gore’s web site or speeches, except for his recommendation that America immediately freeze its greenhouse gas emissions and then reduce them.
Popularity: 3% [?]
This is precisely why environmentalists are considered WACKOS. Seriously. We need leaders who are leading by example. I would like to highlight Jeff Barrie, also a Nashville, TN documentary film maker. He set out to find the source of energy and help the nation understand the implications, but more importantly, how to solve the problem.
His film, Kilowatt Ours, is just the film our country needs. It’s not that on-fire wild liberal crap. It’s real and it’s full of solutions. The best part is that Jeff lives the life he encourages others to live. He rides his bike to work and to drop off/pick up his daughter at school. He’s done all he can afford to do to his home in Nashville, TN in order to cut back on energy consumption and also purchases multiple blocks of green power. Watch Kilowatt Ours and you will find truth and credibility. Jeff Barrie is the essence of integrity.
Sean Hannity is not doing our country any favors by distorting Mr. Gore’s message with name calling and pseudo facts. And, yes, ex-vice presidents are a step above the rest of inasmuch as they have expenses we “regular” guys don’t have; unless Mr. Hannity has to house a Secret Service detail in his home or travel the country and world representing our government.
Media Channel you have done a disservice to your membership by not digging deep enough into this FOX concocted scandal. Who is behind the “conservative organization” that uncovered Gore’s electric costs? Why do you continue to promote the faux news on Fox News? Hannity isn’t a newscaster he’s a commentater.
I love it! Gore’s concern is that global warming will destroy earth as we know it. But the earth is getting warmer–the hottest five years have occurred in the past decade, ice is melting at both poles, the Alps have had the worst snow season in 1300 years, weather this winter in America and Europe is erratic–the only question remaining about global warming is whether Kansas will be a desert or an ice cap. And what are ultra conservatives worried about? Al Gore uses lots of energy. No wonder ultra conservatives lost the war in Iraq! They must think the rest of us are as dumb as they are!
To be honest I am not a real fan but because for some odd reason the security word is fan so i had to type it Vice Pres. Gore is an Hero you people have no taste then you consterives wonder why you have no support in the GOP. Hannity your the worst of then all damit let your co-host colmes speak. When I watch your show not often cause i cant stand you you wont let you co-host say a word from my understanding he’s thier just to make the liberals happy… well I would like to be a guest on your show and tell you in person that you have no idea what your talking about and i dont understand how someone like you in Bill O’ lyily can have high ratings when everything that comes out your mouth is a lie. Your a Liar and you should come clean about to the rest to America you Liar
This AL Gore hit piece has been published without the benefit of the slightest investigative research as to its veracity or accuracy in virtually ALL the major newspapers in the USA, and plastered all over the Internet, including such “liberal” websites as salon.com and the huffingtonpost.com. Forget about the broadcast media; by now no one expects our American print media to check anything. They abandoned that kind of journalism a long time ago. All they are interested in is sensational garbage. And the broadcast media are worse; FOX NEWS is ALL garbage and has been from its beginnings. But the “liberal” websites, which constantly criticise the media for their sloth, deserve their own criticism on this story. On the other hand, if Al Gore doesn’t answer to the charges and set the record straight by making a MAJOR announcement in all those “news” sources, he cannot expect that anyone will believe otherwise. FOX NEWS and the right wing whacko “think tanks” will have won another a swift boating victory.
It doesn’t matter if one man, Al Gore, is a hypocrite, whether the story is hyped, exaggerated, or if any real investigation takes place. We know intuitively Al Gore lives large. America is all about big, large, and supersize. Until we find it noble to live in small houses, drive small cars, consume small and live small, we can yap about green all we want but nothing will change. Why does money make one daydream of or realize bigger? With each dollar we spend, we are expending energy resources in one way or another.
The quickest path to slowing global warming is to quit spending and live small. Wall Street may crash, but hey, we’d at least have a habitable planet to live on. The only wealthy people I can imagine who would give up their energy-hog lives is the already quirky, eccentric misers. Money is the root of all evil, including global warming.
Quoting from a comment on your story: “Media Channel you have done a disservice to your membership by not digging deep enough into this FOX concocted scandal. Who is behind the “conservative organization” that uncovered Gore’s electric costs?”
What a bunch of garbage. MediaChannel’s reliability is that it will report what is going on in the mainstream media and I found this report very worthwhile. Gore’s hypocrisy, given that he lectures “the little people” on the need to conserve, is self-evident if he cannot adequately respond to the charges. For me, this lack of character would be nothing new, given his position in 2000 that a little Cuban boy should be kidnapped from his loving father by thuggish strangers from another country so long as it served Al Gore’s political strategy in becoming president. (All I can say is that I know that cost him at least one vote, and I would never trust this man’s basic personal integrity for as long as he lives.)
Of course, this story is nothing new when it comes to the hypocrisy of other liberals (not to mention conservatives) who want to tell their fellow citizens what they can and can’t do: Thus we see Ted Kennedy having no problems with his own armed security detail while he attempts to restrict the right of average people to own guns, or we see authors like Francis Moore Lappe and Joseph Collins jet-setting around the world and living well in one of the most expensive cities in the world while writing theories about how the mass of the world’s people just need to learn to grow and eat their own beans and rice and all will be well. (In the latter example, I particularly enjoyed the irony of Collin’s bio printed in “World Hunger: 12 Myths,” if I remember correctly, where he proudly informed his readers that he had been traveling around the world since something like the age of six.)
Yes, this world is a LOT better off when we have a man like Al Gore who makes such an important film about such an important subject. I recommend the film to everyone I know when this subject comes up. And yes, it is also entirely legitimate to target him personally when his private behavior is so contrary to his public message regarding solutions to this global crisis. Both on the right and the left we see endless cases of personal hypocrisy in the prophets of ideas, belief systems, religion, etc, and the media has a basic duty to expose this kind of hypocrisy, most particularly when it comes to cases where these hypocrites have suggested a set of solutions based upon governmentally-enforced rules and regulations. And, BTW, the ridiculousness of hearing most right-wing commentators supposedly concerned about “the little people” is pretty immaterial to the subject of Al Gore; they at least aren’t out there preaching away about the importance of having a global conservation ethic while running up an incredible $1,200 per month electric bill for a single one of “three or four” different personal homes. Just sickening.
When it comes to Gore, the reason that “An Inconvenient Truth” is important is that it is based on the best science we currently have regarding what is happening to the globe. In that context, who Al Gore is as a person is really immaterial. The extent that the attacks on Gore’s personal lifestyle are warranted, on the other hand, is due to the fact that he is also telling others that the solution to this crisis is to limit and reform the amount and kind of their energy consumption. Personally, I could care less about the source or political motivation for the attacks on Gore when it comes to this. The only question is whether or not these charges are accurate. Former vice president or not (and just how large is these security detail which people talk about?), the evidence so far is that he richly merits every bit of bad publicity he has gotten and will get in this regard.
Finally, I think it is fair to say that criticism of Mediachannel for running this story indicates that some readers are confused about the purpose of this website. Mediachannel is about watching the media, not promoting Al Gore’s (or anyone else’s) presidential aspirations. If you can’t handle that, go read a different website with a different mission, OK?
There is so much flying around out there about Al Gore and what he uses for energy. Each story says he uses more than the last one. Before everyone gets up in arms about things they need to sort some things out. In one article the Nashville Electric Serve spokes person said they never gave out information as to what the Gores use. Just because person uses a lot of electricity it doesn’t mean they can’t be green. You have to look at the source of the electricity they are paying for like wind, solar, methane gas. You pay more for that power but you’re encouraging the power companies to invest in more green energy sources.
It’s a shame we can’t believe what we read any more because news sources that make money on reporting the news don’t get their facts straight before reporting them or they report with a slanted view. The big story should be is what is going to be done with the media that put out false or slanted reports. That is what everyone should be angry with, they should be held accountable for their actions. Yes we have freedom of speech but not the freedom to lie or make things up. Do you have time to research to see if a news story is factual or made up? If the news agencies don’t start cleaning up what their news reporters are doing, their creditability is going to go out the window. Then no one will listen or sadder yet they won’t believe what they have to say. I for one will stop listening to these companies with the hope they will go out of business. If no one listens to them they will lose their sponsors.
As of 3/1/07, 2pm, there are 8 comments from Mediachannel.org readers on this story. At least 50% of those commenting state or imply, without presenting a single fact to the contrary, that the stories about Gore’s energy consumption are somehow wrong, right-wing “propaganda,” etc.
This is the identical reaction of most people who sit in front of Fox TV all day and are told what to think. The politics of the viewers/readers may be different in these two cases, but the willingness to only accept what fits one’s own preconceived political views is exactly the same. No wonder that this country seems to go nowhere in a hurry….
So Shannon, when and for how long exactly was Jeff Barrie the Vice President of the United States of America?
Well, one person does matter…But, it seems that not many people care to focus on ‘what Al Gore does’, so, why bother to even write about it? The only replies your going to get are from very few people that care about the world.
I, for one, have to say not many people care about global warming, period. Personally, I do. But, as you can see, yeah, I still use electric. Al Gore didn’t say something like “Hey, don’t use electric because of global warming!”, he’s pretty much saying “Stop polluting our world! Can’t you see what’s happening?”.
Just because of global warming, who’s going to stop using electric? Ecspecially, if your rich. I don’t consider him a hypocrite. He’s an honest genius, in my opinion. I don’t see all of those scientists, or even you for that matter, making such a difference.
Well, who knows. Maybe I think this way because I’m merely 15 years old, but still opinions are opinions.
Who’s right? Who’s wrong? Who knows. What I find sad is that out of the 10 websites I went to trying to find my “carbon footprint,” EVERY one had a different response, ranging from a carbon monster to being almost neutral. All used the same info. So that leads me to believe that no one knows what CARBON NEUTRAL means. Show me a definitive, quantifiable and repeatable formula and maybe we can finally determine who is “less wrong.” But one person at a time can make a difference. I for one don’t believe in Global Warming. Averages over time mean some warmer, some colder. Does ANYONE remember the “Little Ice Age?” Show me QUANTIFIABLE, verifiable and continuous results. But, if we can reduce emmissions, save a little here and there, what is it hurting? I live in Texas. Reliant Energy green? The terms used in the same paragraph are a joke.
Too bad for you Gore defenders. Now we dicover that Al Gore buys so-called “carbon offsets” from A COMPANY HE OWNS! No one else can purchase offsets from his company but Mr. Gore. He is a hypocrite and a liar about the dangers of global warming. Quit falling for this garbage from elitists like Gore and Hollywood liberals.
Al Gore is not authorized as an exVicePresident to Secret Service protection, unless the President has authorized it. http://www.secretservice.gov/protection.shtml
So he doesn’t have the excuse that he has to provide room for them. Also, Al Gore does NOT represent the United States, he represents himself. There is no I use to be the VP, so I can still make statements for the country clause. If the current President wants him to represent the country, like he did with Presidents Clinton and Bush (Sr.) he will ask him to and make an official statement. Right now Al Gore is just a private citizen, if he wants an official position in the Government he can run for office, or get appointed to a position.
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Who cares what Al Gore does? Does it really surprise anyone that he’s living the life of the elite? He IS part of the elite, always has been. All politicans are.
What matters is what we, as individuals, do to help with the environment. Whatever you can do whether recycle, drive a smaller car or hybrid, ride a bike, etc…is a step in the right direction and everyone who’s making an effort should be commended, not ridiculed.
Enough already about Gore’s personal life. Sheesh!
hey john peterson,
i never said jeff barrie was ever vice president of the country. i was referring to him as a film maker, as is my reference to al gore. seriously. this is not about one’s standing in politics…this is about one’s example.
Dynegy Mkg & Trade v. Multiut Corp, Nachshon Draiman et al 1:02-cv-07446.
Multiut Corp and Nachshon Draiman dba Future Associate of Skokie, IL. are withholding evidence of fraudulent activities in the Energy industry and inflated Medicaid billing to the government for Nursing Home patients. Also Bank fraud against their bank by presenting fraudulent and inflated receivable reports in order to get and keep a credit line, Nachshon Draiman was a large stock holder of the bank. Draiman Nachshon • SC 13G • Success Bancshares Inc • On 2/17/98
Filed On 2/17/98 • SEC File 5-53545 • Accession Number 950137-98-586
Court: United States District Court Northern District of Illinois -
Case Title: Dynegy Mkg & Trade v. Multiut Corp, Nachshon Draiman Future Associates et al
Case Number: 1:02-cv-07446
Judge: Hon. John A. Nordberg
Filed On: 10/16/2002
SUMMARY
Case Number: 1:02-cv-07446
Referred To: Honorable Michael T. Mason
Jury Demand: Defendant
Demand: $9999000
Nature of Suit: Contract: Other (190)
Jurisdiction: Diversity
Cause: 28:1332 Diversity-Breach of Contract
Case Updated: 01/20/2005
NAMES
Party Name: Multiut Corporation an Illinois Corporation,
Party Type: Defendant
Attorney(s): Paul Thaddeus Fox
(312) 456-8400
Firm Name: Greenberg Traurig, LLP.
Firm Address: 77 West Wacker Drive
Suite 2500
Chicago, IL 60601
Alan Jay Mandel
847-329-8450
Firm Name: Alan J Mandel Ltd
Firm Address: 7520 North Skokie Blvd
Skokie, IL 60077
Ira P. Gould
(312) 456-8400
Firm Name: Greenberg Traurig, LLP.
Firm Address: 77 West Wacker Drive
Suite 2500
Chicago, IL 60601
Ronald F. Labedz
(312) 456-8400
Firm Name: Greenberg Traurig, LLP.
Firm Address: 77 West Wacker Drive
Suite 2500
Chicago, IL 60601
Steven C. Coberly
(312) 456-8400
Firm Name: Greenberg Traurig, LLP.
Firm Address: 77 West Wacker Drive
Suite 2500
Chicago, IL 60601
Party Name: Nachson Draiman an Illinois Resident
Party Type: Defendant
Attorney(s): Paul Thaddeus Fox
Firm Address: (See above for address)
Alan Jay Mandel
Firm Address: (See above for address)
Ira P. Gould
Firm Address: (See above for address)
Ronald F. Labedz
Firm Address: (See above for address)
Steven C. Coberly
Firm Address: (See above for address)
Party Name: Future Associates an Illinois General Partnership
128 01/10/2005 MINUTE ORDER of 1/10/05 by Honorable Michael T. Mason : As stated on the reverse of this order, plaintiff’s motion to compel financial documents [124-1] and for sanctions is granted in part and denied in part. [124-2] Defendant’s request for reconsideration is denied. (See reverse of minute order.) Notices mailed by judge’s staff (hp) (Entered: 01/10/2005)
Order Document for Later Delivery
126 01/04/2005 BRIEF by Dynegy Mkg & Trade in opposition to defendants’ motion for reconsideration and in support of Dynegy’s motion to compel [95-1] (Attachments). (vmj) (Entered: 01/06/2005)
Order Document for Later Delivery
125 12/23/2004 MINUTE ORDER of 12/23/04 by Honorable Michael T. Mason : Plaintiff’s reply to its motion to compel financial documents [124-1] and in response to defendant’s motion for reconsideration to be filed by 01/03/05. Mailed notice (hp) (Entered: 12/27/2004)
Order Document for Later Delivery
124 12/20/2004 MOTION by plaintiff to compel financial documents and for sanctions (Attachments); Notice. (hp) (Entered: 12/27/2004)
Order Document for Later Delivery
86 06/22/2004 RESPONSE by defendants to Dynegy’s motion to compel [85-1] or for sanctions [85-2] and motion for protective order (Attachment). (hp) (Entered: 06/23/2004)
Order Document for Later Delivery
85 06/17/2004 MOTION by plaintiff Dynegy Marketing and Trade, to compel or for sanctions for failure to respond to discovery (Attachments); Notice. (hp) (Entered: 06/23/2004)
Order Document for Later Delivery
79 05/13/2004 MINUTE ORDER of 5/13/04 by Honorable Michael T. Mason: Status hearing held and continued to 9:00 a.m. on 6/29/04. Plaintiff has until 6/4/04 to answer or otherwise plead to defendant’s first amended counterclaims. Fact discovery cutoff is extended to 7/19/04. Defendant’s disclosure of expert and expert report by 8/2/04. Deposition of defendant’s expert to be completed by 9/1/04. Plaintiff’s disclosure of expert and expert report by 10/1/04. Deposition of plaintiff’s expert to be completed by 10/15/04. Dispositive motion filing deadline of 8/16/04 is stricken. Plaintiff’s motion for sanctions is granted in part and denied in part [78-1]. Defendants are ordered to respond to plaintiff’s discovery requests by 5/27/04. Plaintiff’s request for attorneys fees is denied. Mailed notice (air) (Entered: 05/14/2004)
Order Document for Later Delivery
77 05/12/2004 MINUTE ORDER of 5/12/04 by Hon. John A. Nordberg : Defendants’ motion to dismiss is denied. [44-1] Defendants’ motion for leave to file the first amended answer is granted. [72-1] (See reverse of minute order.) Mailed notice (hp) (Entered: 05/13/2004)
Order Document for Later Delivery
76 05/12/2004 RESPONSE by defendants to plaintiff Dynegy’s motion for sanctions [59-1] [65-1] (hp) (Entered: 05/13/2004)
Order Document for Later Delivery
78 05/10/2004 MOTION by plaintiff for sanctions (Attachment); Notice. (air) (Entered: 05/14/2004)
Order Document for Later Delivery
68 03/18/2004 MINUTE ORDER of 3/18/04 by Honorable Michael T. Mason : Motion hearing held. Plaintiff’s second motion for sanctions is granted in part and denied in part. [65-1] Defendant is ordered to turn over any unproduced damage requests, invoices and related volumes for 2002 by 03/22/04. Plaintiff’s request for dismissal of defendant’s affirmative defenses and counterclaims and request for attonrey’s fees are denied. Mailed notice (hp) (Entered: 03/19/2004)
Order Document for Later Delivery
67 03/15/2004 AMENDED NOTICE of motion by plaintiff regarding motion for sanctions [65-1] (Attachments). (hp) (Entered: 03/19/2004)
Order Document for Later Delivery
64 03/08/2004 AMENDED NOTICE of motion by plaintiff regarding second motion for sanctions (hp) (Entered: 03/09/2004)
Order Document for Later Delivery
65 03/05/2004 SECOND MOTION by plaintiff for sanctions (Attachments); Notice (hp) (Entered: 03/11/2004)
Order Document for Later Delivery
61 02/17/2004 MINUTE ORDER of 2/17/04 by Honorable Michael T. Mason : Status hearing held and continued to 03/09/04 at 9:00 a.m. Plaintiff’s motion for sanctions is granted in part and denied in part. [59-1] Plaintiff’s request for an order dismissing the defendants’ affirmative defenses and counterclaims is denied. Defendants to respond to outstanding written discovery regarding the breach of contract claims by 02/24/04. Defendants to respond to outstanding written discovery regarding the fraudulent transfer claims by 03/08/04. Plaintiff’s request for attorneys fees incurred in bringing the motion for sanctions is granted. Fact discovery to close on 05/07/04. Expert discovery to close on 06/21/04. Dispositive motions to be filed by 07/21/04. No further extensions. Mailed notice (hp) (Entered: 02/18/2004)
Order Document for Later Delivery
60 02/13/2004 ADDENDUM by plaintiff to their motion for sanctions (Attachments) [59-1]; Notice (hp) (Entered: 02/18/2004)
Order Document for Later Delivery
59 02/12/2004 MOTION by plaintiff for sanctions against defendants for failure to comply with discovery (Attachments); Notice (hp) (Entered: 02/18/2004)
Order Document for Later Delivery
Dynegy Mkg & Trade v. Multiut Corp, Nachshon Draiman et al 1:02-cv-07446
WHEREFORE, Dynegy requests entry of a judgment in its favor and against Multiut, for $12,504,912.51, plus interest, through the date of judgement, in an amount in excess of $593,997.74, and such other relief as the Court deems appropriate.
-4-
COUNT III
(Fraudulent Transfer In Law- Multiut)
27. Dynegy repeats and reasserts the allegations of paragraphs 1 through 26, inclusive, as paragraph 27.
28. At all relevant times, Draiman has been a director, officer and/or control ling shareholder of Multiut.
29. At all relevant times, Draiman has been a general partner in Future Associates or otherwise had authority and/or control over the business affairs of Futures Associates or an entity that had authority over the business affairs of Futures Associates.
30. Since at least January 1999, Multiut failed to make timely payment, when due, for some or all of the natural gas delivered by Dynegy.
31. On March 7, 2001, Ginger Wright of Dynegy and Lenore Kamien of Multiut ‘ agreed that Multiut owed Dynegy approximately $11,000,000, excluding interest.
32. On September 5, 2001, Dynegy representatives Pete Pavluk and Mark Ludwig met with Multiut representatives Lenore Kamien and/or Nachshon Draiman at Multiut’s offices to discuss the amount owed by Multiut.
33. At that meeting, Mr. Draiman said that Multiut did not have funds sufficient to pay the debt owed and that Multiut would propose a payment plan by September 17, 2001.
34. In a September 17, 2001 letter, Multiut proposed a payment plan by which it would make monthly payments, from October 2001 through March 2002, in order to pay down the amount owed to Dynegy. The proposed payments ranged from $600,000 in some months to $1,800,000 in other months. According to Mr. Draiman, Multiut was, “insurefd] [sic] an additional annual profit of $2,000,000″ and that, “in the meantime, [Multiut] was working on bank financing as well as funds from private sources for capital infusion.”
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35 . In an October 4, 2001 letter to Multiut, Dynegy responded to Multiut’s September 17, 2001 proposal by asking for “a detailed formal plan by no later than Wednesday, October 10, 2001 that outlines bringing your account balance current by no later that [sic]-January 15, 2002.”
36. In an October 12, 2001 letter, Multiut responded to Dynegy’s October 4, 2001 letter by proposing “weekly payments for October through January.” The weekly payments proposed by Multiut totaled $7,700,000.
37. Multiut did not make all the weekly payments described in its October 12, 2001
letter.
38. Multiut’s check , dated August 23, 2001, made payable to Dynegy for $300,000, was returned for insufficient funds.
39. Multiut’s check, dated October 26, 2001, made payable to Dynegy for $150,000, was returned for insufficient funds.
40. Multiut’s check, dated November 9, 2001, made payable to Dynegy for $200,000, was returned for insufficient funds.
41. Multiut check no. 1946, made payable to Dynegy for $200,000 and deposited on December 7, 2001, was returned twice due to insufficient funds.
42. On January 8, 2002, Multiut claimed it could not pay the amounts owed to Dynegy because of slow payment by the government in connection with Mr. Draiman’s nursing homes.
43. On January 31, 2002, Multiut told Dynegy that it would make a $200,000 payment while it worked to raise cash through a factoring company and while it attempted to arrange a line of credit with Bank Leumi.
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54. Multiut did not receive reasonably equivalent value for the transfer described in paragraph 53.
55. In the years 1999 through 2003, Multiut transferred cash or other assets to Future Associates, Draiman and/or other entities, including Draiman’s nursing home, hotel or other business interests when Multiut was indebted to Dynegy.
56. Multiut did not receive reasonably equivalent value for the transfers desciibed in paragraph 55.
57. When Multiut made the transfers described in paragraphs 53 and 55 (the “Transfers”), Multiut was insolvent and/or became insolvent as a result of the Transfers.
58. The Transfers were fraudulent conveyances in violation of applicable laws.
WHEREFORE, Dynegy requests entry of an order granting judgment in its favor and against Multiut, for $12,504,912.51, plus interest, through the date of judgment, in an amount in excess of $593,997.74; voiding the fraudulent transfers and returning the Transfers to Multiut to be used to satisfy the debt to Dynegy; and such other relief as this Court deems appropriate.
COUNT IV (Fraudulent Transfer In Fact- Multiut)
59. Dynegy repeats and reasserts the allegations of paragraphs 1 through 58, inclusive, as paragraph 59.
60. The Transfers were made with actual intent to hinder, delay or defraud Dynegy, a creditor of Multiut and as-such constituted fraudulent conveyances in violation of applicable laws.
WHEREFORE, Dynegy requests entry of an order granting judgment in its favor and against Multiut, for $12,504,912.51, plus interest, through the date of judgment, in an amount in excess of $593,997.74; voiding the fraudulent transfers and returning the money to Multiut to be
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used to satisfy the debt to Dynegy; punitive damages and such other relief as this Court deems appropriate.
COUNT V
(Fraudulent Transfer in Law- Future Associates)
61. Dynegy repeats and reasserts the allegations of paragraphs 1 thorough 58, inclusive, as paragraph 61.
62. Future Associates accepted the Transfers of the assets without having provided adequate consideration for the Transfers.
MULTIUT OWNED BY NACHSHON DRAIMAN IS CHARGED WITH FRAUDULENT ENERGY BILLING……………………………………..
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
FILED
JACK GORE on behalf of himself and all ) NOV 28, 2002
other persons or entitles similarly situated, |
•
vs. No. 01 CH 19688
DOROTHY 8ROWN CLERK OF CIRCUIT COURT
MULTIUT CORP, an Illinois corporation, } Judge Stephen A, Schiller
Defendant ) Courtroom 2402
RESPONSE TO §2-619.1 MOTION TO DISMISS J/
Plaintiff JACK GORE (“Gore”). by his attorneys LARRY D DRURY LTD., hereby responds to the Motion to Dismiss 2nd Amended Complaint, pursuant to 735 ILCS 5/2-615 and 619, brought as a combined 2-619.1 motion by defendant MULTIUT CORP. (“Multiut”).
Introduction
Multiut is trying to time-bar this case by transforming express a written agency-service contract drafted by Multiut into a contract for sale of goods, and by disputing Gore’s allegations as to concealment and discovery of the wrong – but without submitting any Rule 191 affidavit or documentation. This is a class action arising out
of a written contract drafted by Multiut, attached here and to the 2nd Amended Complaint as Exhibit A and B collectively referred to herein as the “contract” or “agreement “ unless otherwise indicated by context): (1)
(A) A service contract to act as Gore’s “purchasing representatives” in obtaining natural gas from “off system” suppliers. This contract, entered into on or about December 1990, was titled “Agreement,” Exh. A 1, 3-6, 10. And,
{B} A series of supplemental agency contracts to act as Gore’s agent, in so doing with respect to various Properties. These were entered into contemporaneously with the service contract and thereafter, and titled “Natural Gas Purchasing and Agency Agreement.” Exh.-B. (2)
(1) Similarly Multiut refers to them collectively as “the agreement” in its brief (Mem. p. 2, fn. 1). Although the documents are on separately filed pages, they are mutually inclusive and one could not be entered into without the other; e.g. the service contract refers to and incorporates the agency contracts, wherein Multiut refers to itself as Gore’s ‘exclusive natural gas purchasing agent’. See Exh. A, third introductory paragraph and 16-17; Exh. B 1,
(2) Exh. 8 one of the series, is dated 1998, Exh. C is Gore’s §2-806 affidavit as to the others. Gore has stated he does not have a copy of each, they are inaccessible to him i.e. no longer in his possession, whether missplaced or otherwise, and cannot be located or returned. 2nd Amd.. Compl. {4; Exh, C, in the 1st Amd. Complaint, Count 4 for breach of oral contract was voluntarily dismissed without prejudice after Gore’s deposition of May 8,- 2002, when the service contract and the 1998 agency contract were produced by Multiut and adequately established, Exhs, A-B are the same Exhs. 1-2 attached to the Gore transcript, excerpts of which are attached herein as Exh. D, Similarly the missing agency agreements are likely in Multiut’s possession and will be produced in discovery.
The contract was drafted by Multiut, it unequivocally defines Multiut’s role in the transactions, and shows that this case is not governed by the UCC. What is at issue here is not the “good” that Multiut obtained for Gore, but the service Multiut provided as his purchasing agent. Gore is suing upon the service and agency contract – not the natural gas - and has alleged that Multiut breached its duties in two respects;
{1} By falsely and intentionally charging and retaining for its own use funds that were to be applied to a City of Chicago 8% gross receipts tax (“Tax”), which it had promised would be placed in escrow and forwarded to the City. Between December 1990 and January 1995 (after the City of Chicago changed the Tax), Multiut collected approximately $14,000 from Gore and at least $1 million to $1.5 million from the Class, for this Tax that was not actually imposed upon Multiut. 2nd Amd. Compl. 7-9, ‘3! Multiut not only failed to inform Plaintiff and
the Class that the money collected was not so applied or escrowed, but also failed to escrow, account for, and refund the funds with interest.
(2) By overcharging for the service of providing natural gas. Multiut was to charge for natural gas actually supplied to Gore and the Class on a set per therm cost basis, plus an amount equal to 1/2 of their respective per therm cost savings per month, instead, Multiut overcharged and billed Gore at least $100.000 and the class millions of dollars and refuses to provide an accounting and refund with interest. Id. 10-11.
Gore has further alleged that Multiut prevented him from discovering the wrongs by intentionally concealing them until at least December 2000, when he discovered the truth and could not reasonably have done so earlier. (Gore testified at his deposition on May 8, 2002 that he first discovered the discrepancies in his bills, the overcharges, the taxes, and failure to escrow the taxes, in December 2000. See Exh, D, pp. 25-28,) Thereafter he was unable to obtain any refund and based thereon, terminated Multiut’s services on or about June 2001, However, the wrongful acts are continuing to date, in that Multiut continues to ‘refuse to provide an accounting and refund with interest to Gore and the Class, all to their detriment and damage. They seek imposition of constructive trust (id. 22), an accounting and damages in not less than the foregoing amounts plus interest (id, 9-13, 23).
Gore filed the original Class Action Complaint on Nov. 20, 2001, and in lieu of responding to a motion to dismiss, filed the 1st Amended Class Action Complaint Feb. 14, 2002, setting forth 4 counts for (1) breach of
3-: The City did not and will not collect the 8% Tax, presumably because of U.S. constitutional restrictions as to the interstate commerce clause and exceptions for interstate pipelines and out-of-state suppliers. As a result in 1994 the City changed the tax from an 8% gross receipts tax to a flat rate tax of 1.4 to 1.5 cents per therm. 2nd Amd. Comp. P 8. in Multiut’s response to First Request to Admit {attached hereto as Exh. F), it has admitted the following statements about this Tax; (8) that Multiut collected approximately $14,000 in Tax from Gore between 1991-1994; and (9) that Multiut spent its customers Tax payments on business expenses.. Yehuda Draiman testified to the same effect in his deposition 1-10-02 See transcript excerpts attached hereto as Exh. E, at pp, 36-37,40, 68, and Exh, 6 thereto.
Activity Date: 8/15/2007 Participant: GORE JACK
CASE SET ON STATUS CALL
Court Date: 8/29/2007
Court Time: 0930
Court Room: 2402
Judge: BRONSTEIN, PHILIP L.
IDB vs Nachshon Draiman - 2007 Israel Discount Bank Fraud Lawsuit $45 million – filed Jan. 2007 in Jerusalem, Israel. from Globes Financial, in Israel
The charges are that the developers of the hotel Nachshon and Elitzur Draiman committed illegal acts that brought the debt of the hotel to be about $45 million dollars, most of it to Israel Discount Bank (The hotel Jerusalem Pearl is located outside the Jaffa Gate - the old city of Jerusalem)
The court appointed trustees of the Jerusalem Pearl Hotel claim in the municipal court in Jerusalem, to charge the developers in damages of over $20 million dollars - according to the lawsuit filed by the court appointed trustees, the lawyers Yair Green, Yaron Feinshtein and Nitzan Shemueli, claim that the developers of the hotel, the brothers Nachshon Draiman and Elitzur Draiman, committed illegal acts that brought the debt of the hotel to over $45 million dollars, most of it to Israel Discount Bank.
The trustees claim that they are in the process of selling the property, at the asking price of $20 million dollars, and after the sale there will be a debt of about $25 million dollars.
The difference of about $25 million dollars they hold against the brothers Nachshon Draiman and Elitzur Draiman, they developed the hotel with a foreign company that is incorporated in Illinois. (Jerusalem Enterprises)
The Hotel which has 88 rooms and 22 suites, was operated by the Dan Hotels chain, and according to the trustees, the previous owners Nachshon Draiman and Elitzur Draiman owe the Dan Hotel Chain about $250,000.
According to them Nachshon Draiman and Elitzur Draiman committed transfers of funds between various accounts, gave various guarantees in a form of checks that one of the accounts the check was drawn on was closed, presented exhibits and fictitious and false documents as to substantiate their investment in the hotel - which is false and fraud, transferred funds overseas from the funds belonging to the hotel project without explanation or reasoning and inflated the amount of cost of construction (about $2,500 per square meter) amounts that are way greater than any reasonable estimates that would cost to build the hotel.
Additional claim is that Nachshon Draiman and Elitzur Draiman presented false and deceptive documentation to the Israeli government division of development and investment, in order to obtain loans with government guarantees and government grants. (January 15, 2007)
Possible criminal charges may be initiated.
For More Information See: www.antidefamationusa.com
פרקי מלון פנינת דן בירושלים: לחייב את היזמים ב-20 מיליון שקל
טוענים כי יזמי הקמת המלון, נחשון ואליצור דריימן, ביצעו פעולות לא חוקיות שהביאו את המלון לחוב של כ-45 מיליון דולר, רובו לדיסקונט
שמואל דקלו
16:18 15/1/07
המפרקים של מלון פנינת דן שבירושלים דורשים בבית המשפט המחוזי בירושלים לחייב את יזמי הקמת המלון בפיצוי של למעלה מ-20 מיליון שקלים. בתביעה שהגישו המפרקים, עוה”ד יאיר גרין ירון פיינשטיין וניצן שמואלי, הם טוענים כי יזמי הקמת המלון, האחים נחשון ואליצור דריימן, ביצעו פעולות לא חוקיות שהביאו את המלון לחוב של כ-45 מיליון דולר, רובו לבנק דיסקונט
( 904 -0.66% )
.
המפרקים טוענים כי הם מצויים בהליכי מכירת הנכס, כאשר התשלום המבוקש הוא כ-20 מיליון דולר, ולאחר המכירה יגיע סכום החובות לכ-25 מיליון דולר.
את
מודעה
ההפרש הם מבקשים מהאחים דריימן, שהקימו את המלון באמצעות חברת חוץ שהתאגדה באלינוי.
המלון, שבו 88 חדרים ו-22 סוויטות, הופעל על ידי רשת מלונות דן, ולטענת המפרקים בעלי המלון לשעבר חייבים לרשת כ-900 אלף שקל.
לדבריהם, האחים דריימן ביצעו העברות פיקטיביות בין חשבונות; נתנו בטוחות באמצעות צ’קים שאת החשבון ממנו נמשך אחד הצ’קים סגרו; הציגו מצגי שווא בדבר סכום ההשקעה במלון; העבירו כספים לחו”ל מכספי החברה ללא הסבר וניפחו את סכום בניית המלון (כ-2,500 דולר למטר) בסכומים העולים פי כמה על הערכות הסבירות של בניית המלון.
עוד נטען, כי הם הציגו מצג מטעה כלפי מרכז ההשקעות על מנת להשיג הלוואות בערבות מדינה ומענקי
I think the most disapointing thing about all of this is the fact Al Gore was trying to tell us something, and no one seems to be listening. We are not perfect, nor should we try to lead perfect lives. So if Mr. Gore is using “so much energy for one of his many homes” so be it. Did anyone stop to consider he is purchasing Green Energy. I don’t believe that the main focus was supposed to be on light bulb usage at the Gore household in TN. I believe that Mr. Gore was tring to tell us to take a look at the things we do not riding bikes, or walking, or putting on a sweater, or trying to find other resources for our energy consuption. Yes, the planet is coming into her “own personal summer” but I don’t think She appreciates that we are putting Her in the “menopause” state sooner than she would like. All I am saying is the same thing I believe Mr. Gore is… take a look around, carpool, walk, anything, just be conscience of what you do on a day to day. And if you can buy Green… do, if you can join commities to help clean…do, if you can do anything…do.
Dynegy vs Multiut, Nachshon Draiman, Future Associates et al - 02 C 7446.
(A $22 million dollar lawsuit for fraud and insolvency) (Numerous contempt of court)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DYNEGY MARKETING and TRADE, a
Colorado Partnership, )
Plaintiff, )
) No. 02 C 7446
v. )
) Judge Nordberg
MULTIUT CORPORATION, an Illinois
Corporation and NACHSHON DRAIMAN, )
an Illinois Resident, FUTURE ASSOCIATES, )
an Illinois General Partnership, )
Defendants. )
THIRD AMENDED COMPLAINT
Dynegy Marketing and Trade (”Dynegy”), by its attorneys, complains of Multiut Corporation (”Multiut”), Nachshon Draiman (”Draiman”), and Future Associates, as follows:
THE PARTIES
1. Dynegy is a Colorado general partnership with its principle place of business in Houston, Texas. The only partners of the partnership are Dynegy GP, Inc., a Delaware corporation which maintains its principle place of business in Texas, and DMT Holdings, LP, a Delaware limited partnership (f7k/a NGC GP, Inc.).
2. The only partners of DMT Holdings LP are (1) DMT G.P., LLC, a Delaware limited liability company and (2) DMT L.P., LLC, a Delaware limited liability corporation.
3. The sole member of DMT G.P., LLC is DMT Holdings, Inc., a Delaware corporation which maintains its principle place of business in Texas.
4. The sole member of DMT L.P., LLC is DMT Holdings, Inc., a Delaware corporation which maintains its principle place of business in Texas.
5. Multiut is an Illinois corporation with its principle place of business located in Cook County, Illinois.
6. Future Associates has its principal place of business located in Cook County, and is, upon information and belief, an Illinois general partnership.
7. Draiman is an individual residing in Cook County, Illinois.
JURISDICTION
AND VENUE
8. This Court has jurisdiction, under 28 U.S.C. § 1332(a)(l), because the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different states.
9. Venue is proper, under 28 U.S.C. § 1391(a), because the defendants reside in and a substantial part of the events or omissions giving rise to the claim occurred in this judicial district.
COUNTI (Breach of Agreement)
10. On or about January 1, 1994, Multiut signed a Natural Gas Sales Agreement with Natural Gas Clearinghouse (”NGC”) for the purchase and sale of natural gas (the “Agreement”). A true and correct copy of the Agreement, with Exhibits A and B, is attached as Exhibit 1.
11. On July 7, 1998, NGC changed its name to Dynegy Marketing and Trade.
12. Under the Agreement, Multiut “[acted] as the duly authorized agent and representative of ultimate consumers and users of natural gas delivered to Multiut under the Agreement.” (Agreement, page 1.)
13. Under the Agreement, Multiut is “responsible for collecting payment from its principals. The payment to [Dynegy] by Multiut on behalf of Multiut’s principals shall be due on
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the twentieth (20th) day of the month, or as to statements delivered after the tenth (10th), within ten (10) days after receipt of such statements.” (Agreement, page 5, Article V-A (2).)
14. For natural gas Dynegy delivered to Multiut through December 2000, there existed an outstanding balance owed to Dynegy by Multiut of $1,664,501.06 (after offsets for payments made by Multiut through March 1, 2001).
15. Dynegy sent and/or Multiut received monthly invoices for the purchase and sale of natural gas under the Agreement from January 1, 2001 through December 31,2002 (the “Invoices”).
16. Multiut breached the Agreement by failing and/or refusing to pay the Invoices in full when due.
17. As of April 30,2003, the unpaid principal balance due to Dynegy under the Invoices, after application of payments in accordance with Article V-A(3) of the Agreement, is $12,504,912.51 (the “Unpaid Principal Balance”).
18. Under the Agreement, “Should Multiut fail to pay all of the amount of any bill when the same becomes due, Multiut shall pay [Dynegy] a late charge on the unpaid balance that shall accrue on each calendar day from the due date at a rate equal to two percent (2%) above the then-effective monthly prime commercial lending rate per annum announced by The Federal Reserve Bulletin from time to time . . . . ” In addition, “the late charge . . . shall compound monthly.” (Agreement, page 5, Article V-A (3).)
19. Under the-Agreement, “If either principal or late charges are due, any payments thereafter received shall first be applied to the late charges due, then to the previously outstanding principal due and lastly, to the most current principal due.” (Agreement, page 5, Article V-A (3).)
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20. As of April 30, 2003, the amount of interest due, in accordance with Article V-A(3) of the Agreement, is $593,997.74 (the “Interest”).
21. Dynegy has performed all of its obligations under the Agreement.
WHEREFORE, Dynegy requests entry of a judgment in its favor and against Multiut, for $12,504,912.51, plus interest, through the date of judgment, in an amount in excess of 5593,997.74, and such other relief as the Court deems appropriate.
COUNT II
(Breach of Guaranty)
22. Dynegy repeats and reasserts the allegations of paragraphs 1 through 21, inclusive, as paragraph 22.
23. On or about October 31,1995, Draiman and Multiut executed a Guaranty (the “Guaranty”). A true and correct copy of the Guaranty is attached as Exhibit 2.
24. Under the Guaranty, Draiman and Multiut, jointly, severally, and unconditionally “[guaranteed] the payment to NGC promptly when due, or upon demand thereafter, pursuant to the terms of the Agreement, the full amount of all obligation or indebtedness due to NGC under the Agreement.”
25. Draiman and Multiut are jointly and severally liable for their obligations under the Guaranty.
26. Draiman and Multiut breached the Guaranty by failing to pay after demand, when due, the Unpaid Principal. Balance and the Interest.
WHEREFORE, Dynegy requests entry of a judgment in its favor and against Multiut, for $12,504,912.51, plus interest, through the date of judgement, in an amount in excess of $593,997.74, and such other relief as the Court deems appropriate.
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COUNT III
(Fraudulent Transfer In Law- Multiut)
27. Dynegy repeats and reasserts the allegations of paragraphs 1 through 26, inclusive, as paragraph 27.
28. At all relevant times, Draiman has been a director, officer and/or control ling shareholder of Multiut.
29. At all relevant times, Draiman has been a general partner in Future Associates or otherwise had authority and/or control over the business affairs of Futures Associates or an entity that had authority over the business affairs of Futures Associates.
30. Since at least January 1999, Multiut failed to make timely payment, when due, for some or all of the natural gas delivered by Dynegy.
31. On March 7, 2001, Ginger Wright of Dynegy and Lenore Kamien of Multiut ‘ agreed that Multiut owed Dynegy approximately $11,000,000, excluding interest.
32. On September 5, 2001, Dynegy representatives Pete Pavluk and Mark Ludwig met with Multiut representatives Lenore Kamien and/or Nachshon Draiman at Multiut’s offices to discuss the amount owed by Multiut.
33. At that meeting, Mr. Draiman said that Multiut did not have funds sufficient to pay the debt owed and that Multiut would propose a payment plan by September 17, 2001.
34. In a September 17, 2001 letter, Multiut proposed a payment plan by which it would make monthly payments, from October 2001 through March 2002, in order to pay down the amount owed to Dynegy. The proposed payments ranged from $600,000 in some months to $1,800,000 in other months. According to Mr. Draiman, Multiut was, “insurefd] [sic] an additional annual profit of $2,000,000″ and that, “in the meantime, [Multiut] was working on bank financing as well as funds from private sources for capital infusion.”
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35 . In an October 4, 2001 letter to Multiut, Dynegy responded to Multiut’s September 17, 2001 proposal by asking for “a detailed formal plan by no later than Wednesday, October 10, 2001 that outlines bringing your account balance current by no later that [sic]-January 15, 2002.”
36. In an October 12, 2001 letter, Multiut responded to Dynegy’s October 4, 2001 letter by proposing “weekly payments for October through January.” The weekly payments proposed by Multiut totaled $7,700,000.
37. Multiut did not make all the weekly payments described in its October 12, 2001
letter.
38. Multiut’s check , dated August 23, 2001, made payable to Dynegy for $300,000, was returned for insufficient funds.
39. Multiut’s check, dated October 26, 2001, made payable to Dynegy for $150,000, was returned for insufficient funds.
40. Multiut’s check, dated November 9, 2001, made payable to Dynegy for $200,000, was returned for insufficient funds.
41. Multiut check no. 1946, made payable to Dynegy for $200,000 and deposited on December 7, 2001, was returned twice due to insufficient funds.
42. On January 8, 2002, Multiut claimed it could not pay the amounts owed to Dynegy because of slow payment by the government in connection with Mr. Draiman’s nursing homes.
43. On January 31, 2002, Multiut told Dynegy that it would make a $200,000 payment while it worked to raise cash through a factoring company and while it attempted to arrange a line of credit with Bank Leumi.
44. Multiut never raised cash through a factoring company or arranged a line of credit with Bank Leumi in 2002 or 2003.
45. In 2002 and 2003, Multiut did not have cash sufficient to pay the Invoices when due.
46. During 2000 and 2001, Multiut had creditors, in addition to Dynegy, to whom it did not make payments when due in the normal course of its business.
47. On June 19, 1998, Multiut entered into a Natural Gas Sales Agreement with WPS Energy Services, Inc. (“WPS”) for the purchase and sale of natural gas.
48. By June 2000, Multiut was indebted to WPS in the amount of $1,625,472 for natural gas delivered to Multiut prior to May 2000.
49. On September 27, 2000, Multiut gave WPS its promissory note in the amount of $1,570,337.87 (the “WPS” Promissory Note).
50. The WPS Promissory Note was a reaffirmation by Multiut of its debt to WPS incurred under the terms of the Natural Gas Sales Agreement between WPS and Multiut.
51. In the summer and fall of 2001, Multiut did not make payments, when due, in accordance with the WPS Promissory Note.
52. On September 27, 2001, WPS filed a lawsuit against Multiut alleging that Multiut defaulted on its obligation under the WPS Promissory Note by failing to make the required payments due on July 10, 2001, August 10, 2001 and September 10, 2001.
53. According to Multiut’s 2002 tax return, Multiut transferred approximately $2,000,000 (or more) to Future Associates, Draiman and/or other entities, including Draiman’s nursing home, hotel and/or other business ventures, at some time during 2001 when Multiut was indebted to Dynegy.
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54. Multiut did not receive reasonably equivalent value for the transfer described in paragraph 53.
55. In the years 1999 through 2003, Multiut transferred cash or other assets to Future Associates, Draiman and/or other entities, including Draiman’s nursing home, hotel or other business interests when Multiut was indebted to Dynegy.
56. Multiut did not receive reasonably equivalent value for the transfers described in paragraph 55.
57. When Multiut made the transfers described in paragraphs 53 and 55 (the “Transfers”), Multiut was insolvent and/or became insolvent as a result of the Transfers.
58. The Transfers were fraudulent conveyances in violation of applicable laws.
WHEREFORE, Dynegy requests entry of an order granting judgment in its favor and against Multiut, for $12,504,912.51, plus interest, through the date of judgment, in an amount in excess of $593,997.74; voiding the fraudulent transfers and returning the Transfers to Multiut to be used to satisfy the debt to Dynegy; and such other relief as this Court deems appropriate.
COUNT IV (Fraudulent Transfer In Fact- Multiut)
59. Dynegy repeats and reasserts the allegations of paragraphs 1 through 58, inclusive, as paragraph 59.
60. The Transfers were made with actual intent to hinder, delay or defraud Dynegy, a creditor of Multiut and as-such constituted fraudulent conveyances in violation of applicable laws.
WHEREFORE, Dynegy requests entry of an order granting judgment in its favor and against Multiut, for $12,504,912.51, plus interest, through the date of judgment, in an amount in excess of $593,997.74; voiding the fraudulent transfers and returning the money to Multiut to be
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used to satisfy the debt to Dynegy; punitive damages and such other relief as this Court deems appropriate.
COUNT V
(Fraudulent Transfer in Law- Future Associates)
61. Dynegy repeats and reasserts the allegations of paragraphs 1 thorough 58, inclusive, as paragraph 61.
62. Future Associates accepted the Transfers of the assets without having provided adequate consideration for the Transfers.
WHEREFORE, Dynegy requests entry of order granting judgment in. its favor and against Future Associates, voiding the fraudulent transfers and returning the money to Multiut to be used to satisfy the debt to Dynegy; and such other relief as this Court deems appropriate.
COUNT VI (Fraudulent Transfer in Law- Diraiman)
63. Dynegy repeats and reasserts the allegations of paragraphs 1 through 58, inclusive, as paragraph 63.
64. Draiman accepted the Transfers without having provided adequate consideration or reasonably equivalent value for the Transfers.
WHEREFORE, Dynegy requests entry of order granting judgment in its favor and against Nachshon Draiman, voiding the fraudulent transfers and returning the money to Multiut to be used to satisfy the debt to Dynegy; and such other relief as this Court deems appropriate.
COUNT VII
(Breach of Fiduciary Duty)
65. Dynegy repeats and reasserts the allegations of paragraphs 1 through 58, inclusive, as paragraph 65.
-9-
66. When Multiut purchased natural gas from Dynegy in 2001 and 2002, Multiut was insolvent.
67. Because Multiut was insolvent, Draiman, as a director and officer of Multiut, owed a fiduciary duty to Dynegy, as a creditor of Multiut.
68. Draiman breached his fiduciary duty to Dynegy by causing Multiut to take natural gas from Dynegy when Draiman knew that Multiut did not intend to and/or could not pay for it. Draiman also breached his fiduciary duties to Dynegy by making and/or authorizing the Transfers.
WHEREFORE, Dynegy requests entry of an order granting judgment in its favor and against Draiman, for $ 12,504,912.51, plus interest, through the date of judgment, in an amount in excess of $593,997.74, and for punitive damages and any further relief that this Court deems appropriate.
DYNEGY MARKETING and TRADE
Barry S. Hyman (#6188142)
Helen Wilson
SCHIFF HARDIN & WATTE
6600 Sears Tower
Chicago, IL 60606
-10-
(312)258-5500
See: www.antidefamationusa.com
Nachshon Draiman, Chicago – nursing home administrator license (044001323) revoked and fined
Illinois Department of Financial and
Professional Regulation NEWS
IDFPR
Disciplinary Actions for January 2008 SPRINGFIELD
The Illinois Department of Financial and Professional Regulation (IDFPR)
announced today that the Directors of the Division of Professional Regulation, Daniel E. Bluthardt, and Insurance, Michael T. McRaith, signed the following disciplinary orders in January. Orders for the Division of Banking were authorized by Director Jorge Solis.
NURSING HOME ADMINISTRATOR
Nachshon Draiman, Chicago – nursing home administrator license (044001323)
revoked and fined $2,000 for misrepresenting information in his application concerning postgraduate education degree, to obtain nursing home administrator licensure from the Department.
Water is the source of life - treasure it! R4.
Water is the source of all life on earth. It touches every area of our lives. Without it, we could not thrive — we could not even survive.
Sustainability – “We strive to meet the needs of the present generation without compromising the ability of future generations to meet their own needs”.
We should discourage wastefulness and misuse, and promote efficiency and conservation.
“Conservation is really the cheapest source of supply,”
For the benefit of mankind, maintain the quality of life and preserve the peace and tranquility of world population. Water resources must be preserved - to sustain humanity. We must eliminate wasteful utilization of water, conserve our water sources and implement rigid conservation methods. We should utilize solar and or other source of renewable energy to operate desalinization projects from the oceans. Utilize renewable energy sources to purify and transport the water to its final destination. As world population increases the scarcity of water will become a cause for conflict, unless we take steps now to develop other sources of water for drinking, rainwater harvesting – storm-water and gray-water utilization. Designing of landscaping that uses minimal amount of water.
“With power shortages and a water scarcity a constant threat across the West, it’s time to look at water and energy in a new way,”
To preserve the future generations sustainability, we should look into urban farming – vertical farming. The term “urban farming” may conjure up a community garden where locals grow a few heads of lettuce. But some academics envision something quite different for the increasingly hungry world of the 21st century: a vertical farm that will do for agriculture what the skyscraper did for office space. Greenhouse giant: By stacking floors full of produce, a vertical farm could rake in $18 million a year.
Jay Draiman, Energy and water conservation consultant
May. 2, 2008
PS.
Hydro dynamics: forget oil. Sharing freshwater equitably poses political conundrums as explosive and far-reaching as global climate change.
Quoted from other sources
Anyone who has ever stood on a beach and looked out into the vast expanse of an ocean knows that there is a lot of water on this planet. In fact, 70 percent of the Earth’s surface is covered by water. It may seem like water is all around us, but safe, clean, reliable drinking water is not a cease¬less resource. The problems facing drinking water range from failing infrastructure, to climate change, to insufficient supplies.
Personal Conservation
Preserving our water resources is not a job for water industry professionals alone. We all have a vested interest in ensuring that water remains safe, af¬fordable and available. Therefore, each individual American has a responsibility to monitor and control their water use, There are many simple ways for people to reduce excess water use, lower water bills and protect the environment, espe¬cially in die spring and summer months, Beyond the standard constraints of watering the lawn only when neces¬sary and washing car wisely by using soap and a bucket of water, some steps include: draining water lines to outside faucets, disconnecting hoses, shutting off outdoor water sources during cold weather and running a small trickle of water on whiter nights to prevent pipe from freezing.
Conclusion
Water supply management is an issue that affects us all. It may not be apparent to every citizen today, but with climate change and population shifts transforming the United States, it soon will be. Effective solutions need to be put into place today before we are faced with a water crisis. A focus on careful planning, treatments, innova¬tions and conservation measures will help to create stability for long-term water management. Commitment to keeping water at the top of the list for communities and citizens will better prepare us for whatever the future of water holds.
WATER!
The indispensable source of life-without water there would be no industry, no agriculture and, most importantly of all, no life. In dry parts of the world this essential commodity is even more precious. Almost all human actions involve water from taking a shower to reading a newspaper to driving a car or simply eating a sandwich - almost everything we do or touch is somehow related to this precious treasure. We ask that you stop and think how you use water and what you can do to conserve this essential natural resource.
*Water, beliefs and customs,
*Water as a vehicle of the economy,
*Water, source of art and life, irrigation and cultivation.
The people have decided to act to try and develop a real awareness program on the theme of water preservation and distribution in an attempt to help maintain the original purity of rivers and streams.
In many parts of the world water sources and wells are not equally distributed. Water as a source of life can also be at the source of conflict.
Whether we live in India, Iceland or the Atlas… we have always tried to trap and tame water. Dams, pumps, canals, water treatment centers; there are so many different ways to exploit this resource that we often forget how fragile this unique and essential treasure actually is.
Unfortunately, many of the things we do every day can harm our water. That’s why all people and government should be working with municipalities, farmers, business leaders and developers just like you to take action to protect our water and clean it up.
Small changes can make a big difference. This guide outlines practical things we can all do to preserve and protect our water. We all need to be part of the solution.
Concentrated Solar Power, which requires no solar panels at all. It works by concentrating sunlight onto a small pipe using cheap parabolic reflectors. The pipe contains a liquid that’s heated to very high temperatures by the sun and drives a steam boiler that rotates a turbine to generate electricity (much like nuclear power plants, but without the nuclear waste). It’s cheap, low-tech, and far more affordable than solar power. Plus, it can be built in practically any desert, so it doesn’t take up valuable land. As another bonus, when CSP operations are built near the ocean, they can desalinate ocean water as a side effect, providing fresh water for irrigation to grow food. This is the only renewable energy technology I know of that can produce cheap energy, fresh water and crop irrigation all at the same time. Plus, it has no emissions, no toxic chemicals, no nuclear waste and very little environmental impact..
“You can’t escape the responsibility of tomorrow by evading it today” - Abraham Lincoln said it.
“That man is richest whose pleasures are the cheapest” – Henry David Thoreau.
“To waste, to destroy, our natural resources, to skin and exhaust the land instead of using it so as to increase its usefulness, will result in undermining in the days of our children the very prosperity which we ought by right to hand down to them amplified and developed” – Theodore Roosevelt.
“When the ‘study of the household’ (ecology) and the ‘management of the household’ (economics) can be merged, and when ethics can be extended to include ‘environmental’ as well as human values, then we can be optimistic about the future of mankind. Accordingly, bringing together these three E’s is the ultimate holism and the great challenge for our future” – Eugene Odum.
Elitzur Draiman and Nachshon Draiman conspiracy to defraud the Bankruptcy Court
Form B18 (10/05)
United States Bankruptcy Court
Northern District of Illinois
Case No. 05−56009
Chapter 7
In Re
Debtor*
Elitzur Draiman
7520 Skokie Blvd
Skokie, IL 60077
Social Security No.:
xxx−xx−9781
Employer’s Tax I.D. No.:
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The
debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy
Code).
FOR THE COURT
Dated: March 27, 2006 Kenneth S. Gardner, Clerk
United States Bankruptcy Court
Bankruptcy court documents and filing under oath – show that Elitzur Draiman only has a home in Jerusalem and no other assets.
IN a pleading filed in the courts in Jerusalem Israel in 2008 Elitzur Draiman and Nachshon Draiman filed documents against their own Blind Widowed mother – Ziona Draiman – that Elizur owns about 80% of the shares of Hed Press (Corporate records show Samuel Draiman as the owner jointly with Hamodia which by law belongs to the widow of Samuel Draiman - Ziona Draiman.
Criminal charges should be filed against Elitzur Draiman and Nachshon Draiman for defrauding the Federal Bankruptcy Court in Chicago.
Written by veteran media critic and Emmy winner Rory O'Connor, Shock Jocks features unsparing profiles of the ten worst conservative radio talkers in America, including Michael Savage, Bill O' Reilly, Rush Limbaugh, Don Imus and the rest.

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