Mesothelioma Lawyer Blog
Opinion
For years it has been taking place: Fraud – Bad Faith – Concealment of Asbestos Companies Liability Sites!
This week’s example – The Kaiser Aluminum Asbestos Settlement Trust (KACC – Kaiser Refractories) – A Trust with over $600 million in assets being corrupted by Alan Brayton, Steven Kazan, Bob Capritti, Kimberly Lavin, Dan Myer and a host of other “Fiduciaries” conspiring to engage in fraud and concealment.
This one is best explained by attaching the actual e-mails and documents requesting the Trust add sites. To date – This Trust has contended that the following “Kaiser Refractories” product did not contain asbestos – Kaiser Insulating Refractory Cement. This is pure fraud! Here is the actual invoice: Kaiser Refractories Invoice to Kaiser Steel, Napa (asbestos) 1970.
Here are Kaiser’s Interrogatories admitting Kaiser IRC contains Asbestos – Additional Proof of Kaiser Insulating Cement containing Asbestos! and here’s more: 129.6A-01 KACC – Actual Interrogatories from KACC.
Let’s see what happens next? The Trust has already refused to add “Kaiser Steel, Napa” (the site where the products were sold by Kaiser) to the “Kaiser” site list. But now the Trust has been presented with this – Invoice – ACandS to Kaiser Steel Napa (Pabco Asbestos Cement) – There is no denying this is a sale of asbestos products from ACandS to Kaiser Steel, Napa, CA in 1972! Who had this documents (and concealed it!) – Trust Fiduciaries Alan Brayton and Steven Kazan (aka Bernie Madoff).
Here’s the e-mail to the Trust – Let’s see how they respond. I’ve included the e-mails as well where the Trust refused to add Kaiser Steel, Napa, CA to the Kaiser site List.
___________________________________________________________________________________________________
Verus “Fiduciaries”,
Please allow this to serve a Formal Request to Add the following site to the ACandS Asbestos Settlement Trust site list: Kaiser Steel, Napa (1972).
Please find the attached ACandS invoice supplying ASBESTOS products to Kaiser Steel, Napa, CA. This invoice specifically bills for “Asbestos Workers”. Unlike the request below to add Kaiser Steel, Napa to the “Kaiser” site list (KACC), there is simply no way for you to fraudulently claim the product did not contain asbestos.
Trust: ACandS Settlement Trust
Site to Add: Kaiser Steel (aka Basalt Rock), Napa, CA (1972).
We would hope and request for beneficiaries that the site will be added immediately.
The Beneficiaries are also well aware that Fiduciaries Alan Brayton and Steven Kazan (as with every Trust they are Fiduciaries) have concealed these ACandS site liability documents in an effort to harm victims of asbestos diseases (not represented by their Firms).
Thanks,
Mike
Mandelbrot Law Firm/Asbestos Legal Center
1400 Grant Ave #150
Novato, CA 94945
(415) 895-5175
(415) 727-4700 (fax)
Mandelbrot@asbestoslegalcenter.org
www.mesothelioma.pro
www.asbestoslegalcenter.org
From: Michael Mandelbrot <mandelbrot@asbestoslegalcenter.org>
To: Bob Capritti <RCapritti@verusllc.com>
Cc: Dan Myer <DMyer@verusllc.com>; Frances Gecker <fgecker@fgllp.com>
Sent: Wednesday, October 25, 2017 9:27 AM
Subject: Re: Kaiser Aluminum & Chemical Corporation (KACC) — Kaiser Steel in Napa, CA
Bob,
See page 28 of the attached document. I believe this is from the OCF “picture” books where asbestos products of other companies is identified. IRC is clearly a Kaiser asbestos product. In addition, I provided to you Interrogatories which admit “other companies” supplied asbestos products, including CE (a company you should know) and Babcock and Wilcox – both companies which admit their insulating cement contained asbestos. You can’t identify ONE insulating or “high temperature” cement for refractories (IRC) that did NOT contain asbestos during this time. To now deny that IRC contained asbestos is clearly part of the ongoing bad faith.
This shouldn’t even be an issue and the site should have been added without any discussion. In addition, it probably impacts 1-2 claims. No doubt if your favored Firms submitted the same evidence, it would have been added without question.
So what did you rely on to determine that Insulating Refractory Cement did not contain asbestos Fiduciary Capritti?
Copy to AG File/U.S. Trustee
Thanks,
Mike
Mandelbrot Law Firm/Asbestos Legal Center
1400 Grant Ave #150
Novato, CA 94945
(415) 895-5175
(415) 727-4700 (fax)
Mandelbrot@asbestoslegalcenter.org
www.mesothelioma.pro
www.asbestoslegalcenter.org
From: Bob Capritti <RCapritti@verusllc.com>
To: Michael Mandelbrot <mandelbrot@asbestoslegalcenter.org>
Cc: Dan Myer <DMyer@verusllc.com>; Frances Gecker <fgecker@fgllp.com>
Sent: Wednesday, October 25, 2017 5:14 AM
Subject: Kaiser Aluminum & Chemical Corporation (KACC) — Kaiser Steel in Napa, CA
Michael:
The subject line for the e-mail below should have referenced Kaiser Aluminum & Chemical Corporation (“KACC”) and not ASARCO. My apologies for this inadvertent oversight.
In any event, I-R-C did not contain asbestos. The only KACC asbestos-containing products are those that are listed on the Trust’s website.
| Bob Capritti | Claims Manager
Verus LLC rcapritti@verusllc.com | 609.466.0427 ext. 1010 3967 Princeton Pike | Princeton, NJ 08540 | www.verusllc.com |
CONFIDENTIALITY NOTICE:
This e-mail and any attachments contain information from Verus Claims Services, LLC and are intended solely for the use of the named recipient or recipients. Any dissemination of this e-mail by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mail or attachments.
From: Bob Capritti
Sent: Wednesday, October 25, 2017 6:53 AM
To: ‘Michael Mandelbrot’ <mandelbrot@asbestoslegalcenter.org>
Cc: Dan Myer <DMyer@verusllc.com>; Frances Gecker <fgecker@fgllp.com>
Subject: RE: ASARCO Trust — Kaiser Steel in Napa, CA
Michael:
Insulating Refractory Cement, I-R-C, did not contain asbestos.
| Bob Capritti | Claims Manager
Verus LLC rcapritti@verusllc.com | 609.466.0427 ext. 1010 3967 Princeton Pike | Princeton, NJ 08540 | www.verusllc.com |
CONFIDENTIALITY NOTICE:
This e-mail and any attachments contain information from Verus Claims Services, LLC and are intended solely for the use of the named recipient or recipients. Any dissemination of this e-mail by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mail or attachments.
From: Michael Mandelbrot [mailto:mandelbrot@asbestoslegalcenter.org]
Sent: Monday, October 23, 2017 2:13 PM
To: Bob Capritti <RCapritti@verusllc.com>
Cc: Dan Myer <DMyer@verusllc.com>; Frances Gecker <fgecker@fgllp.com>
Subject: Re: ASARCO Trust — Kaiser Steel in Napa, CA
Bob,
I have not checked for additional PID and shouldn’t have to check.
As a Fiduciary ‘over’ this 600+ million dollar Trust, you should know the asbestos products they manufactured. Have you checked Kaiser sales records for additional sales to Kaiser Napa? Maybe you can send over their invoices and I’ll be happy to review them? Where can I find them – besides being concealed by ACC members?
To aid in your research, I’ve provided the “sham” interrogatories prepared by Corporate Counsel for KACC – around pages 70-80, you can see the products that Kaiser admits to ‘manufacturing’ – However, what’s also clear is their ‘re-brand’ of many other asbestos refractory products (i.e. Kaiser IRC) obtained from other companies. Prepared by “Corporate Counsel” at a time Kaiser was trying to ‘evade’ liability, these interrogatories are replete with gaps, but clearly aid in the inference (for the Beneficiaries) that Kaiser supplied A/C products to Kaiser Steel in Napa not just in 1970 – but long before and after….
I’ll wait to hear back from you after you do your ‘research’. Please let me know what your ‘astute’ research entails?
Thanks,
Mike
Mandelbrot Law Firm/Asbestos Legal Center
1400 Grant Ave #150
Novato, CA 94945
(415) 895-5175
(415) 727-4700 (fax)
Mandelbrot@asbestoslegalcenter.org
From: Bob Capritti <RCapritti@verusllc.com>
To: Mike Mandelbrot <mandelbrot@asbestoslegalcenter.org>
Cc: Dan Myer <DMyer@verusllc.com>
Sent: Monday, October 23, 2017 10:48 AM
Subject: RE: ASARCO Trust — Kaiser Steel in Napa, CA
Michael:
Attached is a listing of the approved products which is published on the Trust’s website. Insulating Refractory Cement (“IRC”) is not on the list of approved KACC asbestos-containing products so we are going to have to look into this in greater detail. Furthermore, the invoice only establishes a shipment of 6 bags of IRC to Kaiser Steel in February 1970.
Do you have any additional invoices or deposition testimony which places asbestos-containing KACC products at Kaiser Steel?
Thank you.
| Bob Capritti | Claims Manager
Verus LLC rcapritti@verusllc.com | 609.466.0427 ext. 1010 3967 Princeton Pike | Princeton, NJ 08540 | www.verusllc.com |
CONFIDENTIALITY NOTICE:
This e-mail and any attachments contain information from Verus Claims Services, LLC and are intended solely for the use of the named recipient or recipients. Any dissemination of this e-mail by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mail or attachments.
From: Mike Mandelbrot [mailto:mandelbrot@asbestoslegalcenter.org]
Sent: Monday, October 23, 2017 1:33 PM
To: Bob Capritti <RCapritti@verusllc.com>
Cc: Dan Myer <DMyer@verusllc.com>
Subject: Re: ASARCO Trust — Kaiser Steel in Napa, CA
What about KACC trust adding this site ?
Thanks,
Mike
On Oct 23, 2017, at 9:57 AM, Bob Capritti <RCapritti@verusllc.com> wrote:
Michael:
We have reviewed the materials you have submitted regarding Garlock product exposure at Kaiser Steel in Napa, CA. These materials provide sufficient support to establish Garlock product exposure for claims filed by your firm for:
Exposure Site: Kaiser Steel
Location: Napa, California
Time Period: November 1, 1960 through December 31, 1986
For claims arising from exposure at Kaiser Steel, you will need to proceed as follows –
Go to the Exposure tab and type the name of the jobsite in the box for ‘co-worker affidavit on file’ – then choose the relevant jobsite from the dropdown that appears:
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| <image006.jpg> | Bob Capritti | Claims Manager
Verus LLC rcapritti@verusllc.com | 609.466.0427 ext. 1010 3967 Princeton Pike | Princeton, NJ 08540 | www.verusllc.com |