While the foregoing case was ongoing, the Federal Deposit Insurance Corporation ("FDIC") obtained a judgment against Handler and his wife Rita. The Brooklyn lawsuit and the FDIC case intersected one another. Handler was compelled to take totally contradictory positions in each, under oath. The conduct of Handler with respect to these two contradictory positions was reminiscent of the "now you see it—now you don't" routine often times used by magicians. Handler swore that he had "sold his 54% interest in 4200/4211 Avenue K to his partner Samuel Roth. Roth swore that he had donated it to KYJ; the charitable organization which Handler had previously admitted had been only his "front." When KYJ denied that it ever received such a donation, Roth swore that KYJ had returned the "donation" to him. He admitted that there never existed even a single document to support his contention of the donation or its return to him by KYJ. Has anyone ever heard of a charitable organization returning a $1.5 Million donation to its donor? Then again, Handler also swore that he did not sell anything since 1991. Roth swore that Handler owed him substantial sums. Handler swore that he did not owe Roth anything—that the monies advanced by Roth were gifts. And so on, and so on.
Handler, his associates and some attorneys concealed Handler's assets in order to avoid paying the FDIC. Therefore, the FDIC sold its seemingly "uncollectible" judgment to Denis Joslin, whose efforts at collection were also unsuccessful. Joslin then sold the judgment to Weinstock. Weinstock knew where Handler's assets were hidden and thus would be in a position to recover the full judgment. When Weinstock attempted to recover on the judgment, Handler again made a complete u-turn and denied that he owned the properties in question. In an affidavit he had submitted to the U.S. District Court for the Southern District of New York, Handler had asserted that he had no income and was subsisting on Social Security payments as well as assistance from his daughter, Henshe Leibowitz.
Henshe Leibowitz, Money Cleaner
An investigation by Weinstock revealed that Henshe Leibowitz was not just a good, supportive daughter. She had received $726,433.56 from Samuel Roth, Handler's partner.
Subpoenaed documents showed transfers by Samuel Roth to the tune of at least $1,845,712.82 to various parties, as directed by Handler, including hundreds of thousands of dollars to a number of attorneys acting in Handler's behalf. Additional evidence was uncovered that Roth paid hundreds of thousands of dollars to one Morton Silberberg, Esq. Silberberg was allegedly the principal of Andover Equities, who purchased the position of the FDIC, in several Handler controlled properties at a very steep discount. Weinstock obtained copies of numerous checks signed by Morris Roth (Samuel's unemployed son) on an account at the European American Bank. Morris Roth had testified that he never had signed any checks on any such account. The documents and facts presented by Weinstock resulted in U.S. District Court Judge Robert Patterson, Jr. stating:
"It is obvious that he (Emmerich Handler) has not stated the truth in answers to these questions." (Transcript at p. 29) "I haven't had one judgment like this, and I'm not going to end my career on this bench with having one either, not when people have money and tell falsehoods". (Transcript at p.34) (emphasis added)
"It is becoming evident from the papers that have been put before me that the Handlers part (sic) they're (sic) assets with Mr. Roth, and that Mr. Roth has been supporting them, and their lawyers, by payments …...there is some evidence that a fraud was committed in connection with your judgment." (Transcript at pages 4 and 5)(emphasis added)
"Handler's claim that the Kaminetzer [sic] Yeshiva was a transferee of an interest in 4200- 4211 Avenue K was proven false …" (emphasis added) "He (Handler) could have responded in that way. He hasn't responded in that way. The answer is not truthful, then. I'm going to give him 48 hours or he's going to jail, and his wife. So let's have the answers here….It is obvious he has not stated the truth in answers to these questions." (Transcript at p. 28) (emphasis added)
"It's absolutely outrageous conduct, … It's outrageous conduct by a judgment debtor, and it has gone on since 1991. …He is in contempt." …We gave him a second chance. He didn't take it. I think he is going. I think he is going to surrender to the Marshals Friday. Tell him to bring whatever underclothes he needs. I'm not going to put up with this person." (Transcript at pp. 30-31) (emphasis added)
"They (the Handlers) are more than obstreperous, let's face it. I am about to issue an order of arrest of Mr. Handler and Mrs. Handler." (Transcript at p. 18) (emphasis added)
"And if I have to make it clear to everybody in the city that you don't mess around with a federal judgment, I will. That's how serious it is. Now, I mean, it's really important. And that goes to the aiders and abettors too. So they better think about it. And think about it very, very carefully. About what they want to do in terms of destroying the world around them. Because it isn't just them." (Transcript at pp. 34-5). (emphasis added)
"I am not just talking about your clients. I am talking about the whole world around them. It is just going to fall apart. And everyone is going down with the ship." (Transcript at p. 37)(emphasis added)
"I'm not going to have a federal judgment flouted. Not in this court. You can do whatever you want in the state court. I don't care. But you're not going to flout a federal judgment here. Anything (sic) that had anything to do with flouting it is going to pay a price." (Transcript at pp. 7-8). (emphasis added)
At one point, Handler and his attorneys obtained an Order from a Brooklyn Judge enjoining (prohibiting) Weinstock from continuing the proceedings before Federal Judge
Patterson. Judge Patterson gave Handler and his attorneys 48 hours to have that Brooklyn Court Order vacated.
Handler was facing the ire of a Federal District Court Judge, when on May 8, 2000; he filed a Petition for relief under Chapter 11 of the Bankruptcy Act. That maneuver froze all proceedings pending against him. However, the Handler testimony in connection with the bankruptcy has again been at variance with the documentary evidence he provided to the FDIC as well as testimony he gave in prior proceedings. Characteristically, Wayne Greenwald, Esq. represented the Handlers in connection with the filing of the Petition in Bankruptcy. Wayne Greenwald had also been representing Samuel Roth, a Handler partner and alleged creditor, and Chaim Tescher, another Handler partner and alleged creditor. Handler's bankruptcy filing failed to explain the disappearance of at least a "baker's dozen" partnership interests listed on Handler's 1995 tax return, which is the last one he was known to file. In that year, his returns reflected in excess of $6 million dollars of income.
They Call it the Department of Justice?
Judge Patterson referred the matter to the U.S. Department of Justice for investigation. Despite the fact that Weinstock amassed extensive documentary evidence of fraud perpetrated against him as well as the FDIC, other lending institutions and investors and that the FDIC had lost approximately $5 million, no legal action was taken by the Justice Department. Witnesses to the fraud were not interviewed, and available financial records proving the fraud went unread. This absence of reasoning persisted throughout the litigation, which involved nationally known law firms, a former "acting U.S. Attorney General," a former U.S. Attorney and several former Assistant U.S. Attorneys. Additionally, Handler through the use of the judicial system caused the filling of seven fraudulent bankruptcy petitions. The FDIC has lost approximately $5 Million, and it looked the other way. The blatant lies by attorneys and their partners and clients were exposed in documentary form as a result of the filing of false financial statements, and the shifting of assets.