Bank of America and Mr. Higgins missing $millions, It can happen to you, my fellow Americans

2008-12-11T05:09:00.000-08:00

===============================[mail 01]=====

On Thu, 12/4/08, Emile Higgins wrote:

From: Emile Higgins
Subject: FW: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
To: emile_higgins@yahoo.com
Date: Thursday, December 4, 2008, 1:44 AM

From: higginslaw@hotmail.com
To:.com; rowlcastro@hotmail.com; jahsimba1@aol.com; internal@webmail2store-abuse@cc.yahoo-inc.com; ken.d.lewis@bankofamerica.com; bihenry@hotmail.com; carlene.stjohn@sbcglobal.net; chuckbfla@aol.com; deerpower74@yahoo.com; donnamstvnsn@yahoo.com; dsmoore@hollywoodreporter.com; leisuretours@yahoo.com; higginswarner@hotmail.com; higginswarner@hotmail.comor; jane@aswedftds.com; jephthahford@hotmail.com; todayshowviewermail@nbc.com; charimansoffice@americanexpress.com; loudobbstonight@turner.com; lucius_b@hotmail.soulmatestechnology.com; higginslaw@hotmail.com; gmability@gm.com; rudymangos@msn.com; thomas.s.wilson@aexp.com; tony.perry@latimes.com
CC: colleen.haggerty@bankofamerica.com; britney.w.sheehan@bankofamerica.com; nicole.nastacie@bankofamerica.com; keith.banks@bankofamerica.com; michael.jones@bankofamerica.com; steele.alphin@bankofamerica.com; bradford.r.dinsmore@bankofamerica.com; michelle.shepherd@bankofamerica.com; maryellen.baker@bankofamerica.com; ddennie@aol.com; lcross_gordon@yahoo.com; patricia.diaz@bankofamerica.com; cristina.estrella@higginswarner.com; steven@stevenkurtzlaw.com; ethics@nysba.org; media@nysba.org; teresa.brenner@bankofamerica.com; tom.segal@ots.treas.gov; rich.aston@frb.gov; douglas.jordan@occ.treas.gov; luhlick@iib.org; lclark@fedbar.org; reg.comments@federalreserve.gov; mdpauly@bloomberg.net; bloomberg@bloomberg.net
Subject: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
Date: Wed, 3 Dec 2008 05:15:20 +0000

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

Emile Maxim St. Patrick Higgins
Higgins Warner Music and Entertainment Corp (Delaware)
8,000 United States Tax Payers and America Citizens
8,000 Financial Lenders to www.higginswarner.com
8,000 Financial Lenders to www.higginswarnermusic.com
8,000 Financial Lenders to www.waltdisneymundosa.com
www.higginswarner.com
www.higginswarnermusic.com
www.waltdisneymundosa.com
emilemaxhiggins@yahoo.com
Higgins Warner Records Corporation (Delaware)
Walt Disney Mundo S.A Inc (Delaware)
World Football Idol Corporation (Delaware)

-------Plaintiff's--------

VS

Bank of America
Kenneth Lewis, President,CEO,& Chairman of Bank of America
The Board of Directors of Bank of America
All Shareholders of Bank of America
All Employee's of Bank of America
Yahoo.com
Office of the President, CEO,& Chairman of Yahoo.com
All Shareholders of Yahoo.com
All Employee's of Yahoo.com
Yahoo Referrence number- 8296002

----DEFENDANT'S----

(NOTICE OF INTENTION TO FILE US FEDERAL SUIT)
(NOTICE OF TAMPERING, EVADING, ERASING, UPSTRUCTION OF JUSTICE)
(CRIMINAL CONDUCT TO UPSTRUCT JUSTICE.)

This notice is to inform the defendant's that www.higginswarner.com , www.higginswarnermusic.com , www.worldfootballidol.com , and www.waltdisneymundosa.com is and will be US Federal Exhibits In The United States District for the Southern District of New York and you are committing serious Federal offenses of tampering with, evading, erasing, Upstruction of Justice, Criminal Conduct and Serious Miscarraiges of Justice.

I Emile Maxim St. Patrick Higgins as Lead Counsel Pro-SE in this Federal Lawsuit hereby demand that the defendant's immeadiate return and restore the Plaintiff's US Federal Excibits immeadiately.

The Material Fact that the emails against the defendant's posted on the www.higginswarner.com prove the defendant's accountable in this Federal Lawsuit, for this reason the defendant's are breaking US Federal Laws to committ SERIOUS MISCARRIAGES OF JUSTICE.

Sign. Emile Maxim St. Patrick Higgins
Lead Counsel Pro Se
higginslaw@hotmail.com
Tel. 00 971 50 922 8021

===============================[mail 02]=====

On Thu, 12/4/08, Emile Higgins wrote:

From: Emile Higgins
Subject: FW: To President, CEO Chairman Kenneth Lewis of Bank of America
To: emile_higgins@yahoo.com
Date: Thursday, December 4, 2008, 12:57 AM

Date: Wed, 3 Dec 2008 08:11:58 -0500
From: steven@stevenkurtzlaw.com
To: higginswarner@hotmail.com
Subject: Fwd: Fw:To President, CEO Chairman Kenneth Lewis of Bank of America

Per your request I am sending you back the below email that you sent to me. Please do not forward or send emails that indicate that would appear to be coming from me.

Steve

---------- Forwarded message ----------
From: President Max Higgins <emile_higgins@higginswarner.com>
Date: Thu, Nov 27, 2008 at 1:52 AM
Subject: Fw:To President, CEO Chairman Kenneth Lewis of Bank of America
To: ken.lewis@bankofamerica.com, kenneth.lewis@bankofamerica.com, ken_lewis@bank.yahoo.com, UNEXPECTED_DATA_AFTER_ADDRESS@.syntax-error
Cc: Patricia Diaz <patricia.diaz@bankofamerica.com>, Attorney Steven Kurtz <steven@stevenkurtzlaw.com>

Emile Maxim St. Patrick Higgins
President/CEO/Chairman
www.higginswarner.com
www.worldfootballidol.com

==============================[mail 03]=====

On Fri, 11/21/08, Emile Higgins <emile_higgins@higginswarner.com> wrote:

From: Emile Higgins <emile_higgins@higginswarner.com>
Subject: SETTLEMENT
To: "Patricia Diaz" <patricia.diaz@bankofamerica.com>
Cc: "Attorney Steven Kurtz" <steven@stevenkurtzlaw.com>
Date: Friday, November 21, 2008, 5:43 AM

Good Morning Patricia

Please be advised as you can see from my website www.higginswarner.com I am presently rapidly rebuilding my corporation and should secure the $100 Million US dollars loan from His Highnes Sheik Mohammed bin Rashid Al Maktoum, Ruler/King of Dubai.

Now one of the reason it has been taking so much time is due to the fact I must complete my trade licence for Dubai which will cost $300,000 US dollars and repay the debt of $100,000 US from the millions Kenrick Gilpin and is wife stole from my Bank of America account. This is a total of $400,000 US to where is I had this, my problems would be solved for with this $400,000 US I am absoltely sure to recieve the $100 Million US dollars form the Ruler/King of Dubai due to my wrongfull arrested and 10 in Jail by the order of The Ruler/King due to the fact Bank of America allow Kenrick Gilpin and his wife to steel millions of dollars from my account.

Now in the mean time I need to work out a settlement with Bank of America and I have deposited several cheques which I need Bank of America to clear that have been deposited in my HSBC account in Dubai and also two checks for my office leases in Dubai to the Real Estate Company Arjaan.

1. Emile Maxim St. Patrick Higgins- Check No. 1294 in the amount of $2.5 Million US

2. Emile Maxim St. Patrick Higgins- Check No. 1295 in the amount of $500,000 US

3. Emile Maxim St. Patrick Higgins- Check No. 1296 in the amount of $500,000 US

4. ARJAAN Check No. 1494 in the amount of $150,000 US

5. ARJAAN Check No. 1495 in the amount of $200,000 US

Total amount is- $3,850,000 US dollars

Please subtract this $3,850,000 US dollars from settlement of $54 Million US dollars. Therefore the balance will be $50,150,000 US

SIGN

Emile Maxim St. Patrick Higgins
President/CEO/Chairman
www.higginswarner.com
www.worldfootballidol.com

===============================[mail 04]=====

On Tue, 12/2/08, President Max Higgins - wrote:

From: President Max Higgins

Subject: Bank of America bribe Higgins Warner Corp Lawers

To: colleen.haggerty@bankofamerica.com, britney.w.sheehan@bankofamerica.com, nicole.nastacie@bankofamerica.com, keith.banks@bankofamerica.com, michael.jones@bankofamerica.com, steele.alphin@bankofamerica.com, bradford.r.dinsmore@bankofamerica.com, michelle.shepherd@bankofamerica.com, maryellen.baker@bankofamerica.com, ken.d.lewis@bankofamerica.com, DDennie@aol.com, Lcross_gordon@yahoo.com, patricia.diaz@bankofamerica.com, cristina.estrella@higginswarner.com, steven@stevenkurtzlaw.com, ethics@nysba.org, media@nysba.org, teresa.brenner@bankofamerica.com, tom.segal@ots.treas.gov, rich.aston@frb.gov, douglas.jordan@occ.treas.gov, luhlick@IIB.ORG, Lclark@fedbar.org, reg.comments@federalreserve.gov Cc: mdpauly@bloomberg.net, bloomberg@bloomberg.net, joe.price@bankofamerica.com, amy.brinkely@bankofamerica.com, liam.e.mcgee@bankofamerica.com, brian.t.moynihan@bankofamerica.com, toughmoneylove@gmail.com, bnet@mailca.custhelp.com, douglasamcintyre@247wallst.com, jonogg@247wallst.com, insight@orlandosentinel.com, business@maktoob.com, torey.herr@itoamerica.com

Date: Tuesday, December 2, 2008, 2:25 AM

LEGAL NOTICE AND DECLARATION FROM HIGGINS WARNER MUSIC AND ENTERTAINMENT CORPORATION (DELAWARE, USA)

I Emile Maxim St. Patrick Higgins, President/CEO/Chairman of Higgins Warner Music and Entertainment Corporation have just cause to believe that due to the fact this Litigation concerning the $54 Million US dollars lawsuit against Bank of America which has been going on for almost 1 year. The Law Firm of Steve Kurtz in New York City have accured cost in legal fees of $3 Million US dollars and this has worn them down in times of serious economic madness.

However this does not excuse in any way shape the Law Firm of Steve Kurtz to accept SUPER SECRET BRIBES which would go over the $3 Million US in legal fees owed to the Steve Kurtz Law Firm by Higgins Warner Corp. Now based on the US Laws once a client believes his Attorneys have violated Attorney/Client privileges and their Oath's as Attorneys, I as the client have every right to release all evidence of the Litigation of the $54 Million US dollars settlement to the New York Bank Association, Bank Regulatory Counsel, Institute of International Bankers, and Board of Governors of the Federal Reserve System. It is also my firm conviction that Bank of America has been illegal influencing Law Enforcement in the United States, for when Bank of America tells lenders and creditors who call me and confirm beyond a reasonable doubt that Bank of America headquarters claim they never heard of the Higgins Warner account 00 22 90163535, how is it that 8,000 lenders was able to deposit millions of dollars in this so call ghost account and that means Bank of America is making a FALSE CLAIM against those depositer's and there hard earn cash and the thousands of Bank of America cash reciepts that 8,000 lenders have are bogus and that the 8,000 lenders of Higgins Warner is making a false claims that they deposited $ Millions of US dollars in Higgins Warner account 00 22 90163535 between November of 2007 Thru Janaury 2008.

US TAX PAYERS are footing the bill for $ Billions of dollars be given to Banks in the United States including Bank of America. The US Taxpayers did not cause Bank of America to be in need of $ Millions, however Bank of America allowed Kenrick Gordon Gilpin to Authorise his wife ALTHEA GILPIN and RUDOLPH WAHRMANN as signers on the Higgins Warner, Bank of America account 002290163535 without the consent or permission of the OWNER/ABSOLUTE SHAREHOLDER being myself Emile Maxim St. Patrick Higgins. Both Althea Gilpin and Rudolph Wahrman withdrew millions of dollars from the Higgins Warner account during the months of November 2007 thru January 2008 without my consent as the Owner of the account and I did not authorise or put Althea Gilpin or Rudolph Wahrmann on my account and this was done illeaglly by Bank of America.

==============================[mail 05]=====

On Fri, 2/22/08, Steve Kurtz wrote:

From: Steve Kurtz

Subject: Re: Higgins Warner Music and Entertainment Corp. Account No. 002290163535 ("the Account")

To: jbowden@afridi-angell.com

Cc: christina@higginswarner.com, "Emile Higgins"

Date: Friday, February 22, 2008, 12:25 PM

Dear Mr. Bowden,

This is to confirm that Bank of America advised me today that check 1284 for $60,000 has cleared and the funds are already with the bank in Dubai and should be available.

Please confirm receipt of this email.

Steven E. Kurtz

Attorney At Law

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

===============================[mail 06]=====

On Fri, 2/22/08, Steve Kurtz wrote:

From: Steve Kurtz

Subject: Fwd: Higgins Warner Music and Entertainment Corp. Account No. 002290163535 ("the Account")

To: "Diaz, Patricia"

Date: Friday, February 22, 2008, 10:37 AM

Dear Patti,

I have emailed and faxed you this week and called you twice this week, including this morning and received no response.

I am writing again to advise you that Bank of America's failure to advise of the presentation of Check no. 1251 for $100,000 has caused substantial damage to Higgins Warner, the corporation, and Mr. Higgins, individually and has resulted in significant legal difficulties for both in Dubai. Can you please provide me information as to what transaction for $100,000 took place on January 14, 2008? We had understood that said transaction was related to check no. 1251.

I am also writing to you further to my emails and fax regarding check no. 1284 for $60,000 payable to the corporation for deposit in Dubai. On February 11, 2008, you confirmed to me in writing that said check would be cleared in place of the bank check payable to Higgins Warner that you were otherwise prepared to send directly to Mr. Higgins in Dubai.

As discussed, there is no distinction between Bank of America sending a check payable to Higgins Warner and the corporation writing a check to Higgins Warner for the same amount. I am unaware of any basis for not clearing this $60,000 check. I reiterate that my client has detrimentally relied on the confirmation that check no. 1284 will clear, if you had advised otherwise, we would have insisted instead that the bank check be "fedexed" to Mr. Higgins in Dubai.

You have indicated to me that all of our communications have been relayed to the legal department at the Bank and/or other relevant departments. You have also indicated to me that no one at the Bank will speak to me directly other than you. If there is someone else at the Bank I need to communicate with please so advise.

Insofar as there has been no indication from you or anyone else at Bank of America that the check will not be cleared, I have advised my client that I am unaware of any reason why the check will not clear. Florida counsel has confirmed to me that failure of Bank of America to honor the check, particularly after confirming that such check would be honored, constitutes actionable conduct.

I cannot state strongly enough the additional and substantial damages that will occur in the absence of clearance of check no. 1284 for which there is sufficient funds in the Account.

Please respond today so that I can advise my client accordingly. Thank you.

Sincerely,

Steven

Steven E. Kurtz

Attorney at Law

240 Madison Avenue 8th Floor

New York, New York 10016

phone (212) 889-0420

fax (212) 889-0279

steven@stevenkurtzlaw.com

---------- Forwarded message ----------

From: Steve Kurtz

Date: Tue, Feb 19, 2008 at 8:45 AM

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

To: "Diaz, Patricia"

Patti,

As you can imagine the returned check 1251 for $100,000 has caused extraordinary problems for Higgins Warner and for Mr. Higgins personally. We believed the check had cleared on January 14, 2008. I do not understand how you were not advised the check had been presented in late January.

In any event, Check No. 1284 for $60,000 as detailed below, and for which there are sufficient funds in the account must clear. We emailed and discussed this on February 11, 2008 and you indicated that the check would be cleared as it is a check written to the account holder.

Failure to clear the check will subject Mr. Higgins to further severe penalties in Dubai and will result in irreparable damage to Higgins Warner.

Please take whatever action as may be necessary with whatever department at the Bank will receive the check to make sure it is not returned and is in fact paid.

Please confirm receipt of this email and that actions will be taken to ensure that check No. 1284 will not be returned.

Thank you.

Steven Kurtz

-------------------------------------------------------------------------------------------------

Steve Kurtz to Patricia Diaz

2/11/08

Patti,

Further to my emails this morning, Mr. Higgins has confirmed to me he authorized and issued check no. 1284 on the Account in the sum of $60,000 (US) payable to "Higgins Warner Music and Entertainment".

Please allow this check no. 1284 to clear and do not send the bank check via FedEx.

Thank you as always.

Steve

Steven E. Kurtz

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

===============================[mail 07]=====

On Thu, 2/14/08, Steve Kurtz wrote:

From: Steve Kurtz

Subject: Re: US FEDERAL DISTRICT COURT

To: "Emile Higgins"

Date: Thursday, February 14, 2008, 11:17 AM

Max.

I spoke to Patti -- we may have a way to resolve the issue of keeping the account open.

BUT, you can NOT send emails to the Bank directly.

I have asked you at least ten times DO NOT send emails to the Bank.

I cannot represent you if the Bank is going to get emails direct from you without my even knowing about them beforehand. Patti said so far your emails to the Bank have been the biggest issue in getting the signature card issue resolved.

My plane has been delayed two hours. Supposed to board in half hour. PLEASE PROMISE ME, no more emails to the Bank or anyone else regarding this matter.

It appears that the check to Al Nasr never even got to the US -as it was presented during the short period that account was totally frozen. Also, Althea signed it so was not deemed a good signature.

I am trying to find out what transaction for $100,000 took place on January 14 -we all thought that was the Al Nasr check -- why did Al Nasr hold the check til Jan 21 for deposit --it was signed December 30.

I Repeat. ONLY communicate with me, do NOT email the Bank.

Thanks,

Steve

________________________________

On Thu, Feb 14, 2008 at 3:46 AM, Emile Higgins wrote:

As the Absolute Shareholder of Higgins Warner Music and Entertainment Corporation and account number 002290163535 based on all the evidence of gross incompietence, mistrust, and mismanagement and now my missing $100,000 US dollars I am immeadiately Instructing my attornies to run like hell and file Suit against Bank of America in US Federal District Court.

Bank of America has proven to me that they cannot be trusted with confidence.

Attorney Steve Kurtz and other legal Counsel will immeadiately file suite to recover my $100,000 US, plus the million of dollars Kenrick Gordon Gilpin was able to steel due to the serious incompietence of Bank of America.

I will also act as Co-Counsel on the case effective Immeadiately to also secure a Federal Court Order that will force Bank of American to keep this account open until a full Investigation by headed by a US Federal District Court Judge.

Sign

Emile Maxim St. Patrick Higgins

Co-Counsel Pro SE

Higgins VS. Bank of America

US District Court for the Southern District of Florida.

Steven E. Kurtz

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

===============================[mail 08]=====

On Thu, 2/14/08, Steve Kurtz wrote:

From: Steve Kurtz

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

To: "Diaz, Patricia"

Date: Thursday, February 14, 2008, 10:36 AM

Patti,

Closing the account or nor honoring that check is simply not an acceptable resolution. To do so, the Bank will be taking actions knowingly that will irreparably damage Higgins Warner.

Mr. Higgins has done NOTHING wrong and provided all documents as requested, as has Mr. Gilpin.

That $60,000 check written to Higgins Warner must clear. How is that any different than the Bank issuing a check to Higgins Warner?

I cannot believe it is intentional, but every action the Bank has taken has been the opposite of helpful to Mr. Higgins. We have consistently and reasonably relied on promises all of which I documented via email.

I cannot iterate strongly enough that the $60,000 check must clear -- you have all the details.

As you know, I repeatedly wrote you the urgency that we needed the funds first wired and as last resort Fedexed-- for over a week the same was delayed (after you said would be sent) to the point that Mr. Higgins had no choice but to issue the check himself.

I urge your legal department and the Bank to exercise good judgment in this matter and not make a bad situation worse.

I truly regret that the legal department has seemingly put you in the middle of this. I believe you are giving me the answers you are getting from others. But, I have no choice but to communicate with you.

By the way,to whom was the $100,000 transaction on January 14 remitted? At all times, I thought that was the Al Nasr check.

I will be boarding a plane shortly.

Steve

On Thu, Feb 14, 2008 at 10:21 AM, Diaz, Patricia wrote:

Ok...I'm looking at the check with all of the info on it.

I still see no record of this entering the account or attempt of retrieving the funds from this account.

Now as of 12/30/2007...there were enough funds to cover this.

The representative I have on the phone from customer solutions states that she can see where the check was attempted to be presented and that she is under the impression that it may be due to the micr encoding on the check... She is still researching...

ok..she has stated that the issue has happened due to the ownership dispute. The fact that Kenrick is not a signer and that Emile has not been present to sign one..stopped the check from going through regardless of what I said, because the signature on this check is aletha's...

If you present this check right now...there are not sufficient funds.

Steve, I think that with all of this happening ...it is best to wait for this next check to clear...

but it may not because of the account having no official signer as of this point. The best thing to do is close this account as soon as possible.

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Wed 2/13/2008 1:33 PM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

The check is dated 12/30/07, but the attached notice from HSBC to Al Nasr says the check was ALREADY presented??!! The attached says:

"Your Cheque 001251 for $100,000.00

Sent for collection on 21JAN2008 Has Been Returned Unpaid

Due to Refer to Drawer".

Can a check be returned to HSBC without Bank of America recording its presentation for collection?

Steve

On Feb 13, 2008 2:16 PM, Diaz, Patricia wrote:

I do not see this check coming out of 2290163535.

I saw the copy. I see no record of it being presented near 12/31.

The only amount presented for 100,000.00 is on 01/14.

If this check is presented at this time..it will not clear.

What would you like the next step to be?

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Wed 2/13/2008 10:37 AM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

Patti,

I received a copy of the official notice from HSBC to Al Nasr entitled "Return Cheque for Collection" The notice says that check no. 1251 for $100,000 was presented on January 21, 2008 and "Has Been Returned Unpaid Due to Refer to Drawer".

The check is dated December 30, 2007 and was signed by either A or K Gilpin.

Would not a check presented and returned on January 21, 2008 show on your records?

Please advise.

Steve

On Feb 13, 2008 10:27 AM, Diaz, Patricia wrote:

Correct and I read you the transactions...we went over the 100,000 being out of there and that leaves 67,000 some odd dollars...

Now you may want to find out if this was paid out of a different account or if it was in the money sam took to pay whoever...

because I see 100,000 taken out on the 14th ...if this is not that transaction...then I do not see it...

Also when a check is presented for payment and returned it is recorded in the system and I have no such transaction reflected on the account???

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Wed 2/13/2008 9:18 AM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

As soon as I get a copy will forward to you.

But your records must indicate if the check cleared or not.

I remember asking you what will be left in the account after the $100,000 check clears and you told me approximately $65,000. Which is also the amount you told me was available last week.

I am totally perplexed by this.

Steve

On Feb 13, 2008 10:04 AM, Diaz, Patricia wrote:

Can you forward me the copy for review?

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Wed 2/13/2008 9:01 AM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

Patti,

My client is very upset with good reason. How is it that the check to Al Nasr Stadium for $100,00 bounced? I understood that it was presented last month. We discussed it numerous times, indeed I made a point of confirming it in my first email to you on January 14, 2008 and you told me it would clear.

Please advise asap. This is a major problem.

I cannot overstate the urgency of this matter.

Steve

Steven E. Kurtz

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

===============================[mail 09]=====

On Mon, 2/11/08, Sekurtz@aol.com wrote:

From: Sekurtz@aol.com

Subject: Re: Request to clear $60,000 US dollars check

To: emile_higgins@higginswarner.com

Date: Monday, February 11, 2008, 10:17 AM

Max, Thanks. Patti indicated she will do as you requested, that is she will not send the bank check but Bank will honor and clear Check no. 1284 per below. I previously copied you on the email to Patti so she can see that you are in fact authorizing all this. However, please make sure you email only to me and not copy or otherwise email to the Bank, unless I specifically tell you to do so, Steve In a message dated 2/11/2008 10:07:53 A.M. Eastern Standard Time, emile_higgins@higginswarner.com writes: I Emile Maxim St. Patrick Higgins Absolute Shareholder/Owner of Higgins Warner Music and Entertainment Corporation account number 002290163535 hereby request Bank of America to clear a Cheque I wrote payable to Higgins Warner Music and Entertainment of Dubai in the amount of $60,000 US with check number 1284 written on February 11, 2008 deposit in Emirates Bank, United Arab Emirates.

Steve Kurtz

wrote: Max, Please send me an email stating that you issued a check no. ___ (fill in the check number) dated ____(fill in date of check) in the amount of $60,000.00 to Higgins Warner Music and Entertainment and that the check is valid and authorized and you request that Bank of America allow the check to clear. Thanks,

Steve

---------- Forwarded message ----------

From: Steve Kurtz

Date: Feb 11, 2008 9:45 AM

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

To: "Diaz, Patricia"

Patti, This is to confirm that Mr. Higgins prefers that you do not Fed Ex the bank check. Instead, what Mr. Higgins wants is to let the check he wrote to Higgins Warner in the amount of sixty thousand dollars (US)$60,000 (sorry, typo in prior email) clear. This I believe we leave approximately $7,000 in the account. Regret the change of plans, but as you well know, Mr. Higgins had been awaiting the funds for quite some time, had gotten the account opened in Dubai and absolutely had to fund the account this morning. I will get you the check number as well so you will be able to clear the check with absolute confidence.

Thank you. Steve

On Feb 11, 2008 9:04 AM, Diaz, Patricia wrote:

fedex just came to pick up the check...I read your email and yes...he can do it that way...

Is that what you would rather do?

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Mon 2/11/2008 7:54 AM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

Patti,

If you have not sent the check via Fed Ex. Please do not send the check til we speak.

In order to maintain the account Mr. Higgins opened in Dubai, this morning, Mr. Higgins had to submit a check to the bank in Dubai payable to Higgins Warner for $50,000. That is why we were so urgently requesting the check last week.

In lieu of your sending him the bank check can he not simply issue two checks written to Higgins Warner Music and Entertainment to the Bank in Dubai? one for $50,000 and one for $12,000.

Regards,

Steve

________________________________

On Feb 8, 2008 2:43 PM, Steve Kurtz wrote:

Thanks. Let me know tracking number.

Have a good weekend.

Steve Steven E. Kurtz

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

===============================[mail 10]=====

On Fri, 2/8/08, Steve Kurtz wrote:

From: Steve Kurtz

Subject: Fwd: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

To: "Emile Higgins"

Date: Friday, February 8, 2008, 1:44 PM

see below.....

---------- Forwarded message ----------

From: Diaz, Patricia

Date: Feb 8, 2008 12:36 PM

Subject: RE: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

To: Steve Kurtz

I am making sure that the check will go out today.

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Fri 2/8/2008 10:52 AM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

Patti,

Check going out today? Twice this week, based on your advice that check was being sent I told Mr. Higgins a check was being issued and sent. I understand this is not of your "doing", but what do I tell my client?

Steve

________________________________

On Feb 7, 2008 5:19 PM, Diaz, Patricia wrote:

Okay...

you are correct...but you had me unfreeze the account so I could send the money..

so now...I am going to cut the check and send it anyways...

they just keep giving me so much push back, and I don't know why they will not talk with you themselves???

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Thu 2/7/2008 4:17 PM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

Dear Patti,

I'm a bit confused as we were told for the past three weeks that account was frozen and that no one could get to the funds in the account. Are you saying Kenrick could have been issuing wire transactions all this time?

All we are asking is that this one check be cut and then the account can remain frozen for purposes of disbursement until such time as the issue of Mr. Higgins coming in person is feasible.

Alternatively, we can agree that until Mr. Higgins comes in person, the only person to whom funds can be remitted is in the name of the corporation care of and directly to Mr. Higgins.

I don't see what possible liability the Bank can have for checks issued in the name of the corporation sent care of and to the president and sole shareholder of the Corporation?

I appreciate your efforts Patti.

Steve

________________________________

On Feb 7, 2008 5:01 PM, Diaz, Patricia wrote:

Here's the problem I am having.

They want me to cut you a check for the entire amount and close the account.

This is what I'm fighting...so I can get your money...without having to close the account.

Problem is...if I leave the account without a hold..right now ...Kenrick could potentially have access to the account, because he is the only signer..

Please let me know what we should do, because I think it really would be in best interest...to just close it and that way nothing happens...

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Thu 2/7/2008 2:21 PM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

Patti,

Has the check gone out?

Steve

________________________________

On Feb 6, 2008 4:58 PM, Steve Kurtz wrote:

Hi Patti,

Just a reminder please provide an airbill number for tracking purposes.

Thank you again.

Steve

---------- Forwarded message ----------

From: Steve Kurtz

Date: Feb 6, 2008 10:00 AM

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

To: "Diaz, Patricia"

Patti,

Thank you very much. Please provide to me the airbill number for tracking purposes. Hopefully, will arrive by Friday.

Steve

________________________________

On Feb 6, 2008 9:22 AM, Diaz, Patricia wrote:

Okay...I am making the check right now.

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Tue 2/5/2008 4:45 PM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No. 002290163535 ("the Account")

Patti,

Understood. Your diligence and efforts are appreciated.

I will await your/their further response

Steve

________________________________

On Feb 5, 2008 5:38 PM, Diaz, Patricia wrote:

I was not able to send it out today...because I was speaking with legal..to try and keep the account out.

I will call you as soon as I am off the phone, but I believe that tomorrow I can send the 65,000 and still keep the account open. I just have to wait on the phone ....

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

"The true test of character is not how much we know how to do, but how we behave when we don't know what to do." -- John Holt, Motion Picture Actor

Steven E. Kurtz

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

===============================[mail 11]=====

On Tue, 1/29/08, Steve Kurtz wrote:

From: Steve Kurtz

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No, 002290163535

To: "Diaz, Patricia"

Date: Tuesday, January 29, 2008, 11:28 AM

Patricia,

I attach a copy of the document that was faxed to my office by Kenrick's lawyer today. I also had my office fax it to you. This is the same document that was previously faxed to Emerald Hills branch.

I presume you recognize Mr. Gilpin's signature.

Regards,

Steve

________________________________

On Jan 29, 2008 11:09 AM, Diaz, Patricia wrote:

I have spoken to grace and she is talking to the legal department right now. I am unsure as to why they will not accept the document by fax from me. The legal representative wants to be sure of its location of receipt.

I will inform as soon as possible.

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Tue 1/29/2008 10:07 AM

To: Diaz, Patricia

Cc: Collins, Tryphosa

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No, 002290163535

Dear Patti,

Thank you for your email.

May I inquire as to why Ms Collins cannot fax or messenger you the document?

Also, how do I get in touch with Ms. Collins as I do not have her telephone number?

My cell is 917 251-9040

I cannot adequately express the urgency of getting this matter resolved. I believe the document provided is exactly as requested and cannot imagine why the legal department would have any problem.

I am happy to speak with the legal department as well but do not have a contact.

Thank you again for your assistance in getting release of the account today.

Steven

Steven E. Kurtz

Attorney At Law

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

===============================[mail 12]=====

On Tue, 1/29/08, Steve Kurtz wrote:

From: Steve Kurtz

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No, 002290163535

To: "Diaz, Patricia"

Cc: "Collins, Tryphosa"

Date: Tuesday, January 29, 2008, 11:07 AM

Dear Patti,

Thank you for your email.

May I inquire as to why Ms Collins cannot fax or messenger you the document?

Also, how do I get in touch with Ms. Collins as I do not have her telephone number?

My cell is 917 251-9040

I cannot adequately express the urgency of getting this matter resolved. I believe the document provided is exactly as requested and cannot imagine why the legal department would have any problem.

I am happy to speak with the legal department as well but do not have a contact.

Thank you again for your assistance in getting release of the account today.

Steven

________________________________

Steven Kurtz

On Jan 29, 2008 10:54 AM, Diaz, Patricia wrote:

They do have the document.

Again I am not there, so I will have to referr you to Tryphosa Grace Collins who has the document and she will be able to call the legal department for you.

I can assist you if you can either get the document faxed to me or scanned and emailed to me.

As soon as this document is accepted by the legal department and the process is as follows.

1. The hold on the account will be released.

2. The ownership of the account will change to reflect Emile Higgins at which time I will request Emile's information so as to accurately reflect this in the business account.

3. I will then fax you the documents that you have requested which I currently have in my possession for the $336,000 and the Approx. $1,694,000.00 some odd change.

4. The funds will then be transferred to said account and I will give further instructions as to what I will need to fulfill compliance requirements.

I understand that you must be swamped with all of this. I will have Grace contact the legal department to get this going. Unfortunately I needed to have the document in my possession to have done this myself per legal department request. Thank you for your attention to this urgent matter as all parties, including the bank, would like to resolve this as soon as possible.

Patricia Diaz

Banking Center Manager

Davie Banking Center

3580 S. University Dr.

Davie, FL 33328

Phone: 954.476.1010

Fax: 954.473.3276

Patricia.Diaz@bankofamerica.com

FL6.880.01.01

________________________________

From: sekurtz62@gmail.com on behalf of Steve Kurtz

Sent: Tue 1/29/2008 9:02 AM

To: Diaz, Patricia

Subject: Re: Higgins Warner Entertainment and Music Corp. Account No, 002290163535

Patti,

Dr. Davis told me that he had faxed the document to 954 364 4617 and Jean Mitchell, the senior teller confirmed receipt of the fax.

As you know this is very urgent can you confirm receipt.

Thank you.

Steven

________________________________

On Jan 28, 2008 10:30 AM, Steve Kurtz wrote:

Dear Patti,

I spoke to Kenrick Gilpin's lawyer today and he confirmed to me again that the consent document signed by Mr. Gilpin had been faxed from his office to your office on Friday. He says he has confirmation receipt from his fax machine that the document was received by the Bank. He is absolutely certain the fax was sent to and received by the Bank. Mr. Gilpin provided him the fax number that he always used in connection with faxes to the Bank.

Please confirm you have received the fax and that the account is unfrozen. It is urgent that the wire instructions be effected today, namely that all the funds remaining in the account less $10,000 be sent to:

Emirates Bank

Sharjah Branch

Account: Emile Maxim St. Patrick Higgins, Pres. Higgins Warner

Account number 0023-357242-100

Swift Code- EBILAEAD (the I is an i)

Sharjah, United Arab Emirates

Please confirm by return email or call my cell 917 251 9040.

Thank you.

Steven E. Kurtz

Attorney at Law

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

Steven E. Kurtz

240 Madison Avenue 8th Floor

New York, NY 10016

ph. 212 889-0420

fax 212 889-0279

==============================[mail 13]=====

On Tue, 1/29/08, Sekurtz@aol.com wrote:

From: Sekurtz@aol.com

Subject: Bank of America

To: emile_higgins@higginswarner.com

Date: Tuesday, January 29, 2008, 10:17 AM

Although Dr. Davis told me the exact name of the person at the Bank who confirmed receipt of the fax of Kenrick's consent on Friday, Patti Diaz said she did not receive it.

Finally, yesterday, after days of asking for it, Ms. Diaz finally gave me a fax number at her new position at another branch to send the document to. So she won't be able to say did not get it.

Dr. Davis is faxing the document to me today and we will scan it, fax it and Fed Ex it to the Bank so Bank cannot deny receipt.

I am out of my office (I got snowed in by blizzard in Utah) --but my assistant will take care of it.

I really am not very happy with the Bank. But hopefully, all resolved regarding signatory issue today.

Steven

Sir Max Higgins serves US Federal Court papers on Bank of America and Yahoo.
US Federal District Court for the Southern District of New York
FedEx tracking number- 8651-0558-1870

Bank of America
FedEx tracking number-8651-0558-1858

Yahoo, Inc
FedEx tracking number-8651-0558-1869