complaint to the new york city bar association against attorney gil kreiter for negligence,...

7/30/2019 Complaint to the New York City Bar Association against Attorney Gil Kreiter for Negligence, Misrepresentation

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SUPREME COURT, APPELLATE DIVISION

FIRST JUDICIAL DEPARTMENT

DEPARTMENTAL DISCIPLINARY COMMITTEE

NEW YORK, NEW YORK 10006

(212) 401-0800

Jorge DopicoChief Counsel

Complainant

Name: James Alan Bush

Address: 2967 Sherbrooke Way

San Jose, California 95127

Telephone: (408) 569-1634

Attorney Complained of

Name: Gil Kreiter

Address: 242 West 104st Street

New York, New York 10025Telephone: (718) 360-1354

Complaints to other agencies

Have you filed a complaint concerning this matter with another bar association, district attorney's office

or any other agency?

If so, specify the name: New York County District Attorney's Office

Action taken by agency: A complaint was submitted on November 28th, 2012

Court action against attorney complained of

Have you brought a civil or criminal action against this attorney?

If so, name of court: N/A

Complaint

I am a California plaintiff that was awarded a civil judgment against an Indiana defendant; I retained

New York Attorney Gil Kreiter to collect the judgment, as Indiana will not enforce a civil judgment

obtained in California without a hearing, and only then by obtaining another judgment in an Indiana

court. I was referred to Mr. Kreiter by California Attorney Mark Shapiro, who owns and operates a

judgment collectors referral service, JudgmentBuyers.com, on or around May 15th, 2012, for

representation for the Indiana case [see Attachment A]. Upon signing a retainer agreement with Mr.

Kreiter, I filed the requisite affidavit reassigning the California judgment to Mr. Kreiter in the Superior

Court of California on July 30th, 2012 [see Attachment B].

Having failed to receive any progress updates from Mr. Kreiter since the reassignment of judgment to

him, I requested the status of the case on August 10th

, 2012; on September 4th

, 2012, nearly one monthlater, Mr. Kreiter indicated that collection would begin within 10 days after filing, even though Indiana

law explicitly prescribes a 30-day notice of hearing on the judgment, and specifies that, if obtained, is

subject to laws governing the enforcement of such comparable to most other states [see Attachment

C].

On September 20th, 2012, and without any contact from Mr. Kreiter for almost two weeks, I again


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requested the status of the case; four days later, Mr. Kreiter stated that judgment was obtained, and that

payout of the monetary damages award were pending a search of bank records for any assets belonging

to the defendant that could be garnished. Mr. Kreiter stated further that this search was a function of the

clerk of the presiding court, which typically took about three weeks to complete [see Attachment D],

even though Indiana law does not specify asset searches as a function of any court of that state.

Accordingly, I contacted Mr. Kreiter on October 1st, 2012, and requested copies of any and all casedocuments [see Attachment E]; however, I did not receive a response from Mr. Kreiter until October

18th, 2012, which reiterated what was clearly the false claim pertaining to court-conducted bank records

searches, and which was then followed by a flirt from Mr. Kreiter via an online dating service on

October 27th, 2012 [see Attachment F].

Although Mr. Kreiter claimed on multiple occasions that a judgment was obtained in the Indiana case,

and that the payout in the amount of the monetary damages awarded were pending a bank records

search, a review of the case file at the Johnson County Courthouse in Franklin, Indiana, conducted by

me personally on November 21st, 2012, showed that the case is still in the initial filing stages, and that

the defendant has not even been served. Moreover, it was discovered that the defendant had evaded

service of summons, which has gone unnoticed and unaddressed by Mr. Kreiter for over three months

(since August 23rd, 2012) [see Attachments G and H].

After discovering the discrepancy between the case docket and Mr. Kreiter's claims, and prior to

confronting Mr. Kreiter, I contacted Mr. Shapiro, the referring attorney, for advice on handling the issue

on November 23rd, 2012 [see Attachment I]; however, Mr. Shapiro was unwilling to be helpful in this

regard [see Attachment J]. Mr. Kreiter was forwarded a copy of this e-mail.

On November 24th, 2012, I again requested the status of the case by forwarding a copy of my

September 4th, 2012, request to Mr. Kreiter; that same day, Mr. Kreiter stated that the bank records

search was still pending. Over the course of the next two days, I requested supporting documentation,

and otherwise worked to refine my request to Mr. Kreiter for such documentation, as he appeared to

dodge my request in his response and clarification on the claims [see Attachment K].

Because he was forwarded a copy of the case docket showing that only the initial papers had been filed

[Attachment G], as well as a document describing the attempted (but failed) service of summons

[Attachment H], in the e-mail sent to Mr. Shapiro on November 23 rd, 2012 [Attachment I], Mr.

Kreiter had readily available to him current and accurate information regarding the status of the case,

thereby eliminating any confusion or ambiguity pertaining thereto; moreover, in having been provided

these documents, the implied demand for an explanation of the discrepancy should have been met with

honesty.

Instead, Mr. Kreiter dodged my question for two days by answering questions that were never asked,

and even reiterated his claim that judgment had been obtained in the case, even while the

aforedescribed documents presented to him contradicted said claim [see Attachment L], and even

though he was informed that a subsequent visit to the Indiana courthouse did the same [see AttachmentM].

SIDENOTE

An anonymous e-mail was recently received, stating that Mr. Kreiter is not an attorney, and that I was asucker for thinking so [see Attachment N].


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To-date, Mr. Kreiter has never provided a satisfactory answer, and has otherwise failed to indicate how

he intends to resolve the matter and advance the case to the next logical step.

Based on the ethical standards and rules of professional misconduct, as provided by the New York City

Bar Association, Mr. Kreiter's conduct and actions constitute both neglect and misrepresentation, in that

(1) he has repeatedly and consistently failed to communicate with a client (by and through his refusal to

provide requested court documents showing the status of the case), and has failed to take action for animproperly refused service of summons by the defendant; and, (2) has willfully failed in his lawful duty

to accurately represent the status of a case for which he is providing representation.

X

Signed Dated


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ATTACHMENT A


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James Bush

We Found a Judgment Enforcer for Kathy Bickel

Mark Shapiro Tue, May 15, 2012 at 7:27 AMTo: James Bush

Cc: [email protected]

James Allen Bush,

good news.

We found the right judgment enforcer for your1-08-CV-116514 Kathy Bickel, judgment.

The Judgment enforcer we strongly recommend is -

Mr. Gil Kreiter291 14th StreetBrooklyn, NY 11215

[email protected] Bloomingdale Road Judgment Recovery.http://www.BRJudgementRecovery.com

I sent Gil everything on your Judgment # 1-08-CV-116514(our Judgment listing # 1375)including the judgment, what you sent me, and your contact info:

I suggest you contact each other by email first.

Finally, we found the right Judgment enforcer for you.

Nothing is guaranteed, but Gil is really good.

===

Thanks! Mark D. Shapiro - Judgment Catalyst/Broker.V: 408-945-4240, Fax: 206-267-9857, SJ, CA."Good for everyone except debtors."Check out: http://www.JudgmentBuy.com


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ATTACHMENT B


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James Bush

Receipt for notary services

James Bush Mon, Jul 30, 2012 at 12:24 PMTo: Gil Kreiter

IMG_20120730_122113.jpg360K


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ATTACHMENT C


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James Bush

Status of collection6 messages

James Bush Fri, Aug 10, 2012 at 10:46 AM

To: Gil Kreiter

Hello, Gil:

Do you have any hearings calendared in the Bickel case yet?

Just tring to set my expectations realistically here, and I know that a hearing is the next step after filing the affidavits Isigned.

Please let me know

Gil Kreiter Fri, Aug 10, 2012 at 11:39 AM

Reply-To: Gil Kreiter To: James Bush

Just sent the papers in to Johnson County.

Kathy Bickel is living in Greenwood, she

doesn't own the house on Seafan in Indianapolis.

From: James Bush

To: Gil Kreiter Sent: Friday, August 10, 2012 12:46 PM

Subject: Status of collection

[Quoted text hidden]

James Bush Fri, Aug 10, 2012 at 3:09 PMTo: Gil Kreiter

That brings us one step closer. Pleased to hear it.


Gil Kreiter Fri, Aug 10, 2012 at 3:12 PMReply-To: Gil Kreiter To: James Bush

Also, there is no waiting period in Indiana, so as

soon as it is docketed, we can start collection.


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From: James Bush

To: Gil Kreiter

Sent: Friday, August 10, 2012 5:09 PM

Subject: Re: Status of collection


James Bush Fri, Aug 10, 2012 at 3:13 PMTo: Gil Kreiter

One more thing: that means up to 30 days, if uncontested, right?

On Aug 10, 2012 11:39 AM, "Gil Kreiter" wrote:[Quoted text hidden]

Gil Kreiter Fri, Aug 10, 2012 at 3:37 PMReply-To: Gil Kreiter To: James Bush

10 days

From: James Bush

To: Gil Kreiter

Sent: Friday, August 10, 2012 5:13 PM

Subject: Re: Status of collection



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ATTACHMENT D


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James Bush

Fwd: Re: New address, status, etc.

James Bush Sat, Sep 22, 2012 at 6:44 AMTo: "Mark D. Shapiro"

Can you get a time estimate from Gil, as well as an idea of where he is in the process?

Thanks!

---------- Forwarded message ----------From: "Gil Kreiter" Date: Sep 21, 2012 3:22 AMSubject: Re: New address, status, etc.To: "James Bush"

It used to take a long time in IN because of all

the hearings. I believe it is more stream lined now.

From: James Bush To: Gil Kreiter Sent: Thursday, September 20, 2012 5:30 PMSubject: Re: New address, status, etc.

My mistake. Overall, this process may take...?On Sep 20, 2012 1:51 PM, "Gil Kreiter" wrote:

Not 3 weeks until pay out. 3 weeks until we find

the bank accounts

From: James Bush To: Gil Kreiter Sent: Thursday, September 20, 2012 3:11 PMSubject: New address, status, etc.

Hey, Gil:Since I haven't heard back from you after the first one, I thought I'd send another reminder that I have anew address, which is:

652 Laurie Avenue, Santa Clara, California 95051Also, does your previous estimate of three weeks until pay-out still hold?Let me know when you can, so I.can keep an eye out for it. Mail sometimes disappears if I don't catch iton delivery.Thanks,James - 408-791-4866demonicactivity.blogspot.com


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ATTACHMENT E


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James Bush

1-hour asset searches

James Bush Mon, Oct 1, 2012 at 4:18 PMTo: Gil Kreiter

Hey, Gil:

Two quick things:

- Just by coincidence, I stumbled across a couple of debt collection services that can run assetsearches in under an hire, if that's useful; and,

- For my own records, could you send a soft copy of all legal filings in Indiana, as well as copies of anycorrespondence sent to the court, where such papers are not privileged or confidential. There's nospecific reason for asking, other than the fact that I like to keep meticulous records of all my cases,even ones in which I don't represent myself.

Thanks,

James Alan Bush652 Laurie AvenueSanta Clara, California 95051(408) 791-4866


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ATTACHMENT F


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James Bush

James Alan Bush and 7 other people are waiting for you on Badoo!

Badoo Sat, Oct 27, 2012 at 6:15 AMReply-To: [email protected]: [email protected]


This email was sent by James Alan Bush ([email protected]). If you received this message by mistake, please just ignore it.

Hey James Alan Bush!

You found your friends on the site, and now there are 7 excited people waiting for you to come hang out with them on Badoo!

Connect to them!

Also, some other people have been asking about you:

Gil

Kreiter

New

York,

United

States

Twinkdaddy

San Jose,

United States

Just

Me

Fremont,

United

States

Jason

San

Jose,

United

States

Jai

Udani

San

Jose,

United

States

You have received this email from Badoo Trading Limited (postal address below). If you do not wish to receive further email communications from

Badoo, please click here to opt out.

Badoo Trading Limited is a limited company registered in England and Wales under CRN 7540255 with its registered office at 44a The Green,Warlingham, Surrey, CR6 9NA.


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ATTACHMENT G


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James Bush

James Alan Bush and 7 other people are waiting for you on Badoo!1 message

Badoo Sat, Oct 27, 2012 at 6:15 AMReply-To: [email protected]: [email protected]


This email was sent by James Alan Bush ([email protected]). If you received this message by mistake, please just ignore it.

Hey James Alan Bush!

You found your friends on the site, and now there are 7 excited people waiting for you to come hang out with them on Badoo!

Connect to them!

Also, some other people have been asking about you:

Gil

Kreiter

New

York,

United

States

Twinkdaddy

San Jose,

United States

Just

Me

Fremont,

United

States

Jason

San

Jose,

United

States

Jai

Udani

San

Jose,

United

States

You have received this email from Badoo Trading Limited (postal address below). If you do not wish to receive further email communications from

Badoo, please click here to opt out.

Badoo Trading Limited is a limited company registered in England and Wales under CRN 7540255 with its registered office at 44a The Green,

Warlingham, Surrey, CR6 9NA.


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ATTACHMENT H


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ATTACHMENT I


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James Bush

Status of Bickel collection

Gil Kreiter Sat, Nov 24, 2012 at 5:18 PMReply-To: Gil Kreiter

To: James Bush

Still waiting for the bank search to come back.

From: James Bush

To: Gil Kreiter

Sent: Friday, November 23, 2012 4:38 AM

Subject: Fwd: Status of Bickel collection

---------- Forwarded message ----------From: James Bush Date: Tue, Sep 4, 2012 at 10:10 AMSubject: Status of Bickel collectionTo: Gil Kreiter

Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,James Alan Bush

408) 791-4866


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ATTACHMENT J


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James Bush

Status of Bickel collection

James Bush Fri, Nov 23, 2012 at 1:36 AMTo: "Mark D. Shapiro"

Dear Mark:

I'm trying to be fair here, so I'll ask my question like this: is it possible Gil has been lied to about the status of theBickel case?

By chance, I made a trip to Indianapolis, and, while there, I visited the Johnson County Courthouse to look at the file.My suspicion was that something was wrongnot just due to the amount of time that has passed, but also becauseGil's iteration of the steps involved in this type of case does not match my experience or research.

As it turns out, something is wrong, particularly, that the case is not post-judgment; rather, it has only been filed, andservice has been merely attempted, not perfected.

The details are posted to my blog, which includes a video of my conversation with the clerk about this case, as well as

images of court documents showing its true status; it also provides three e-mails from Gil, which state that judgmentwas obtained, and that the only remaining step was a "bank search" and, possibly, "a supplemental hearing."

That post is at http://demonicactivity.blogspot.com/2012/11/crime-new-york-attorney-lies-on-behalf.html

Please advise according to the information provided there.

By the way, I have not contacted Gil about this yet, as I have only now finished weighing my initial options, which, sofar, seems limited to the pointless act of filing a complaint with the New York State Bar. Also, I think it might bepointless, in part, because, when I asked him for copies of all legal documents filed in the case (a question posed in atleast one e-mail and three voicemails), he failed to respond at all. Regardless, I am cc'ing this e-mail to him.

Sincerely,

James Alan Bush

P.S. - My new phone number is (408) 569-1634.

---------- Forwarded message ----------From: Gil KreiterDate: Tue, Sep 4, 2012 at 8:36 PMSubject: Re: Status of Bickel collectionTo: James Bush

now a judgment in Johnson County

From: James Bush To: Gil Kreiter Sent: Tuesday, September 4, 2012 9:38 PMSubject: Re: Status of Bickel collection


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Okay. By docketed, you mean...?On Sep 4, 2012 1:20 PM, "Gil Kreiter" wrote:

Hi James,

Doing a bank search. Judgment docketed in IN.

Regards,

Gil

From: James Bush To: Gil Kreiter Sent: Tuesday, September 4, 2012 12:10 PMSubject: Status of Bickel collection

Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,

James Alan Bush408) 791-4866

On Tue, Sep 4, 2012 at 8:36 PM, Gil Kreiter wrote:

now a judgment in Johnson County

From: James Bush To: Gil Kreiter Sent: Tuesday, September 4, 2012 9:38 PMSubject: Re: Status of Bickel collection

Okay. By docketed, you mean...?On Sep 4, 2012 1:20 PM, "Gil Kreiter" wrote:

Hi James,

Doing a bank search. Judgment docketed in IN.

Regards,

Gil

From: James Bush To: Gil Kreiter


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Sent: Tuesday, September 4, 2012 12:10 PMSubject: Status of Bickel collection

Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,James Alan Bush

408) 791-4866


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ATTACHMENT K


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Email Gil, I have no control over him...

Do you have any idea why Gil sent this to me today? When you spoke to him,what did you/he say?

Let me know as soon as you can; as you saw, I just received an e-mail fromGil, but not addressing the issue, rather, he claims he's still waiting onthe bank search...

Thanks,

James

Sent from my iPhone

Begin forwarded message:

From: Gil Kreiter Date: November 24, 2012, 5:18:20 PM PSTTo: James Bush Subject: Re: Fwd: Status of Bickel collectionReply-To: Gil Kreiter


From: James Bush To: Gil Kreiter Sent: Friday, November 23, 2012 4:38 AMSubject: Fwd: Status of Bickel collection

---------- Forwarded message ----------From: James Bush Date: Tue, Sep 4, 2012 at 10:10 AMSubject: Status of Bickel collection

To: Gil Kreiter

Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,James Alan Bush408) 791-4866

----Thanks! Mark Shapiro V: 1-408-840-4610, Fax: 206-267-9857.http://www.JudgmentBuy.com - [email protected], no obligation judgment evaluations.I am fast, the world is slow.Average judgments sell for 1-7% cash up front. Please do not get mad atJudgmentBuy for telling you the truth. If you do not believe me, that isfine, please remember JudgmentBuy is here to help you, after you are donesearching for what cannot be found.

From: "Mark Shapiro"

Subject: Re: Fwd: Status of Bickel collection

Date: November 25, 2012 7:07:33 AM PST

To: "James Bush"

Reply-To: [email protected]


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ATTACHMENT L


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The case is in Superior 1 Johnson County

the case number is 41D01-1208-MI-0078

you can see it at doxpop.com

From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 11:20 PMSubject: Re: Status of Bickel collection

Also, how were you advised of the Indiana judgement? Is there a web site where I can check the case status?

Sent from my iPhone

On Nov 26, 2012, at 6:17 PM, Gil Kreiter wrote:

You can order it from the clerk of courts, I don't have

a copy to send you.


May I have a copy of the judgment from Johnson County?

Sent from my iPhone

On Nov 26, 2012, at 10:59 AM, Gil Kreiter wrote:

The Indiana judgment is in Johnson County.


Sorry, Gil; I'm confused. This isn't from the Indiana case; it's from the California case.

Should there be a separate one?

Sent from my iPhone


attached

From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 8:36 AMSubject: Re: Status of Bickel collection

From: Gil Kreiter

Subject: Re: Status of Bickel collection

Date: November 27, 2012 7:28:14 AM PST

To: James Bush

Cc: Mark Shapiro

Reply-To: Gil Kreiter


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Can you send me a copy of the judgment by e-mail?

Sent from my iPhone


The judgment has been domesticated in

Johnson County where she lives. Once the

bank search comes back, I will put in for a

writ of garnishment.

From: James Bush To: Gil Kreiter Cc: Mark D. Shapiro Sent: Sunday, November 25, 2012 2:47 AMSubject: Re: Status of Bickel collection

What has been done so far, to your knowledge; and, how many more steps are there in this other process (at a minimum)?

Sent from my iPhone



From: James Bush To: Gil Kreiter Sent: Friday, November 23, 2012 4:38 AMSubject: Fwd: Status of Bickel collection

---------- Forwarded message ----------From: James Bush Date: Tue, Sep 4, 2012 at 10:10 AM

Subject: Status of Bickel collectionTo: Gil Kreiter

Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,James Alan Bush408) 791-4866


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ATTACHMENT M


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Subject: Re: Status of Bickel collection

From: James Bush ([email protected])

To: [email protected];

Date: Tuesday, November 27, 2012 7:29 AM

I know where it is; I went there personally. There is no judgment on-file.

Sent from my iPhone


The case is in Superior 1 Johnson County

the case number is 41D01-1208-MI-0078

you can see it at doxpop.com


Also, how were you advised of the Indiana judgement? Is there a web site where I can check thecase status?

Sent from my iPhone


You can order it from the clerk of courts, I don't have

a copy to send you.


May I have a copy of the judgment from Johnson County?

Sent from my iPhone



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The Indiana judgment is in Johnson County.


Sorry, Gil; I'm confused. This isn't from the Indiana case; it's from theCalifornia case.

Should there be a separate one?

Sent from my iPhone


attached

From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 8:36 AMSubject: Re: Status of Bickel collection

Can you send me a copy of the judgment by e-mail?

Sent from my iPhone

On Nov 26, 2012, at 5:03 AM, Gil Kreiter

wrote:

The judgment has been domesticated in

Johnson County where she lives. Once the

bank search comes back, I will put in for a

writ of garnishment.

From: James Bush To: Gil Kreiter Cc: Mark D. Shapiro Sent: Sunday, November 25, 2012 2:47 AMSubject: Re: Status of Bickel collection

What has been done so far, to your knowledge;and, how many more steps are there in this


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other process (at a minimum)?

Sent from my iPhone


Still waiting for the bank search tocome back.

From: James BushTo: Gil KreiterSent: Friday, November 23, 2012 4:38AMSubject: Fwd: Status of Bickelcollection

---------- Forwarded message ----------From: James BushDate: Tue, Sep 4, 2012 at 10:10AMSubject: Status of BickelcollectionTo: Gil Kreiter

Hello, Gil:Just writing to check in on thestatus of the above-referenced.Please get back to me at yourearliest convenience.Thanks,James Alan Bush408) 791-4866


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ATTACHMENT N


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sucker

From: Anonymous

Subject: Gil Kreiter isn't a lawyer

Date: December 2, 2012 6:55:05 AM PST

To: [email protected]

complaint to the new york city bar association against attorney gil kreiter for negligence,...

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