From: MIKEBERGER@aol.com
Date: February 20, 2008 11:51:04 PM PST
Cc: gail.higgins@bankruptcypower.com, georgeann.nicol@bankruptcypower.com
Subject: Re: Berger and Associates Retainer Letter

Dear Kevin and John:
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════Please feel free to post and copy this e-mail to all interested parties.
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═════To address the concerns expressed to me by several SSH students regarding the scope of my services and ═the staffing of the case,═I created an═Addendum to the contract.═ Several students have signed this agreement + addendum already.═ I am attaching a copy of this fee agreement + addendum hereto and I invite all students who want this additional clarification to sign both the contract and the addendum.
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1.═ As to the issue of what action will we take to try to discharge the student loans, the addendum states that we will be═"using our best efforts to get all or the maximum part possible of the student's so called student loans discharged." and goes on to specify,══"We plan on suing AES═in one or more Adversary Proceedings in the bankruptcy court."═ Even before the first Silver State Student hired me, I began my legal and factual research on this matter.═ Now I am working on this case 7 days a week.═ 
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2.═ Paragraph 2 page 2 of my fee letter refers to cooperating with Trustee and with═the United States Trustee "in our effort to achieve the maximum possible recovery for you."═ Tomorrow I am meeting with Peter Anderson and a small group of other bankruptcy attorneys to discuss questions of interest to us.═ Peter Anderson═is the United States Trustee for Region 16 -- the top government official in═Office of the United States Trustee for Los Angeles, Ventura, Santa Barbara, Orange, and Riverside Counties.══ Like myself and like my Senior Associate Attorney Gail Higgins,═Peter Anderson═is also a Certified Specialist in Bankruptcy Law.═At the top of my list for tomorrow's meeting═will be the Silver State Helicopters bankruptcy and how the Office of the United States Trustee══can help us.═ As it states on═Office of the United States Trustee's ═website, "Detecting and combating bankruptcy fraud is a U.S. Trustee program priority."══See the following link: ═http://www.usdoj.gov/ust/eo/fraud/index.htm
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Follow the link and here is what you will see:
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I 
Home >> Report Suspected Bankruptcy Fraud	

Report Suspected Bankruptcy Fraud 	
To report suspected bankruptcy fraud, please prepare a written summary that contains the following information:
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REQUESTED INFORMATION
•	Name and address of the person or business you are reporting. 
•	The name of the bankruptcy case, case number, and the location of where the case was filed. 
•	Any identifying information you may have regarding the individual or the business. 
•	A brief description of the alleged fraud, including how you became aware of the fraud and when the fraud took place. Please include all supporting documentation. 
•	Identify the type of asset that was concealed and its estimated dollar value, or the amount of any unreported income, undervalued asset, or other omitted asset or claim. 
•	Your name, address, telephone number, and email address. You are not required to identify yourself, though it is often helpful to do so if questions arise. 
THE LIKELIHOOD OF FURTHER INVESTIGATION AND POSSIBLE CRIMINAL PROSECUTION IS INCREASED FOR THOSE MATTERS WHERE SUPPORTING DOCUMENTATION AND SPECIFIC FACTUAL INFORMATION ARE PROVIDED. ANY INFORMATION YOU PROVIDE IS VOLUNTARY AND ITS MAINTENANCE BY THE UNITED STATES TRUSTEE PROGRAM IS AUTHORIZED BY 28 U.S.C. ї 586.

You can send this information via email to: USTP.Bankruptcy.Fraud@usdoj.gov
or by mail to:
Executive Office for U.S. Trustees 
Criminal Enforcement Unit
20 Massachusetts Avenue, NW
Suite 8000
Washington, DC 20530 

Matters may also be referred directly to the local office of the United States Trustee. Click here for a complete listing of office addresses and telephone numbers. 

THE UNITED STATES TRUSTEE PROGRAM WILL REVIEW ALL FRAUD REPORTS AND WILL TAKE APPROPRIATE ACTION INCLUDING FORWARDING APPROPRIATE SUBMISSIONS TO THE PROPER LAW ENFORCEMENT AUTHORITIES. IT IS U.S. DEPARTMENT OF JUSTICE POLICY NOT TO DISCLOSE THE EXISTENCE OF CRIMINAL INVESTIGATIONS, SO YOU SHOULD NOT EXPECT TO BE FURTHER CONTACTED. 	

════Investigating, documenting, and reporting what I believe to be the massive fraud that took place in the Silver State Helicopters Case is another═part of what I will be doing for my SSH clients.
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3.════We are already gathering documentation regarding the loans made to our SSH clients so that they could attend SSH.═ We anticipate having telephone conversations with the various lenders, writing letters to the lenders, and in person meeting with the lenders all in furtherance of our efforts for our clients.═ I anticipate that there may also be settlement negotiations with one or more lenders, either before or after we sue them.
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4.═ The addendum is clear regarding the staffing of this case.═ All of our SSH═clients will be represented by the three bankruptcy attorneys at my═firm═with the most bankruptcy experience.═ Two of us are Certified Specialists in Bankruptcy law (Gail and I)═and the third one (Georgeann)═is also extremely well qualified, having practiced law for 23 years and worked with me for═the past═6 1/2 years.══ You will not be passed of to a first year associate.
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═════ I want to represent you. Every day I am talking to SSH students on the phone, corresponding with them by e-mail, and meeting them in person at my office.═ This kind of personal service is something that═I am proud to give to my clients.═ If you want top quality representation at what I believe is a very reasonable fee, then you should hire me to represent you in this matter.
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Sincerely,
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═
Michael Berger
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Hi guys, 
I have a student who has posted the following concerns. I thought I'd forward to you so we can get it from the horses mouth so to speak.

Thanks

Begin forwarded message:

From: "John Nelson" <thejohnelson@gmail.com>
Date: February 20, 2008 11:17:03 AM PST
To: "Kevin Wilhelmy" <Mr_Will_Hellme@cox.net>
Subject: Re: Berger and Associates Retainer Letter

I just got off the phone with a good friend of mine who's a lawyer. He was looking over the fee agreement for me and had a few concerns. The main one is the fact that the scope of services didn't expressly address their promise to take specific actions toward having our loans dismissed. His said that legally they're only held to what is in this agreement. I think we would all like to take their word for it, as they make a very convincing argument as to what they're capable of. 

So, would you find out if they're willing to be more specific or to add an addendum that specifically states the steps they are going to take to deal with our loans? I know there are different circumstances with each student, but if they were willing to verbally describe what they would do for us with regards to our loans, then it shouldn't be a problem to have that stated in the fee agreement. 

Thanks.

John

On Feb 20, 2008 10:30 AM, John Nelson <thejohnelson@gmail.com> wrote:
Kevin, when did we need to get this contract to the firm? 

On Feb 20, 2008 6:55 AM, Kevin Wilhelmy <Mr_Will_Hellme@cox.net> wrote:
Here is Berger and Associates Retainer letter so there is no
questions with regards to the fees and direction of the firm. CFI's I
would suggest calling the firm to speak with them about your
situation. Brandy has info on how to fill out the proof of claim. I
have been given permission by Michael Berger to post the recording of
our meeting online. I will let you know as soon as it becomes available.

=
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Michael Jay Berger
Certified Bankruptcy Law Specialist
The State Bar of California Board of Legal Specialization
Law Offices of Michael Jay Berger
9454 Wilshire Blvd. 6th Floor
Beverly Hills, CA 90212-2929
Telephone (310) 271-6223
Fax (310) 271-9805
Website www.bankruptcypower.com