Raymond Coburn 0

PETITION OF THE MINORITY COMMON SHAREHOLDER'S OF TERRESTAR CORPORATION

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May 20, 2014




Dear Judge Chapman,



The general public must be informed of the injustice and the abused that has occurred to the minority common shareholders and our families had to endure regarding Terrestar Corporation, CASE # 11-10612 (SHL) and Terrestar Networks Inc., CASE # 10-15446(SHL).



Terrestar Corporation and Terrestar Networks Inc., is part of a very well planned and complex “PUMP & DUMP CONSTRUCTIVE FRAUD BANKRUPTCY SCHEME”. It has been ongoing since the prior company Motient Corporation. The scheme never went away. It simply continued with the different characters.



Terrestar Corporation and Terrestar Networks Inc., were not supposed to be tried in the Southern District Court of New York to begin with. It was fraudulently taken to the Southern District Court of New York .The former Appointed United States Trustee (She has been removed and has been transfer across the nation to another District in California) and the Appointed Trial Lawyer DID NOT BLOCK Terrestar Corporation and Terrestar Networks Inc., from entering the wrong venue. Hopefully this remains to be investigated by the Executive Office of the United States Trustee Bankruptcy Fraud Unit and by other Enforcement Agencies .Or will it be swept under the rug!



A shelf aged company was purchased by the in-house lawyer of Terrestar Corporation from a corporate service company located at Cheyenne,Wyoming .This was with the full consent and approval of the members of the Management of Terrestar Corporation and as well by the in-house lawyer in the creation of a shell company to file the bankruptcies of Terrestar Corporation and Terrestar Networks Inc., in the wrong venue. And now appears that the Debtor lawyer was aware of this fraud as well.



A single deposit for the amount of only $5,000.00 was made in the Suntrust Bank in Vienna, Virginia .The address was listed was simply a Call Center located in New York City by the name of 1-800 WEANSWER. Terrestar Corporation and neither Terrestar Networks Inc., did not have any presence, neither employees, no payroll or any physical office in the State of New York or at New York City. Judge Chapman this was created by fraudulent means. And once again and hopefully this is currently being investigated by the necessary Enforcement and Regulatory Agencies.



Terrestar Corporation once owned 58% of Skyterra Communications Inc. This company also known as “ LIGHTSQUARED “. On March 29, 2010, Terrestar Corporation sold their interest ownership of the 58% of Skyterra Communication Inc.,






only for $5.00 per share or for a maliciously low amount of $262,500,000.00. This sale was deliberately undervalued by FRAUDULENT MEANS! The ownership of the 1.6 GHz Spectrum License was owned under Skyterra Communications Inc. And the Brokerage Firm Morgan Stanley, another company by the name of Jefferson-Pilot Corporation and by other independent sources valuated the 1.6 GHz Spectrum License. It was determined at that time, the valuation being for the amount of $1.62 Billion Dollars and greater than $1.849 Billion Dollars at that time.



Today, based on the testimony by a Spectrum Valuation Expert and a witness in the bankruptcy proceedings for LightSquared and for Phillip Falcone, valuated the very same 1.6 GHz Spectrum License for the amount of the midpoint of $7.7 Billion Dollars. And Charles Ergen valuated the exact spectrum for a whopping $8.9 Billion Dollars. Yet the minority common shareholders were only paid a measly $262,500,000.00.



Judge Chapman, countless of securities violations has occurred in Terrestar Corporation and Terrestar Networks Inc. There was the deliberate act in the diversion of the corporate assets from Terrestar Corporation to financially benefit certain insiders including Phillip Falcone and others. This was the creation from the corporate assets from the minority common shareholders of Terrestar Corporation .The lack from the Management, from the members from the Board of Directors, including the Chairman of the Board of their lack of their fiduciary obligation in protecting the interest of the minority common shareholders of Terrestar Corporation.



The 1.6 GHz Spectrum License valuation was deliberately concealed and NEVER DISCLOSED in the Financial Statements of Terrestar Corporation .This is securities fraud when a publicly traded company maliciously fails to report assets in the financial statements and fails to report it to the Securities Exchange Commission, S.E.C. And Yes, Judge Chapman this occur in Terrestar Corporation. Hopefully once again, we are pleading the different Enforcement Agencies to address these abuses and these violations.They simply “ COOKED THE BOOKS “ !



It gets better! FRAUDULENT TRANSFER or the violation of SECTION 548 occurred when the 1.6 GHz Spectrum was sold in March 29, 2010 and Terrestar Corporation filed the petition for Chapter 11 Bankruptcy on February 16, 2011. Judge Chapman, this is once again a securities violation when a publicly traded company sells a valuable asset within the two years time frame when filing the petition for bankruptcy. Well, this occurred once again to the minority common shareholders of Terrestar Corporation.



Phillip Falcone and Charles Ergen were the partners in crime in the deliberate financial downfall of Terrestar Networks Inc., and as well of Terrestar Corporation .They were the “ BLACK MARBLES “, (Terrestar Networks Inc., Case # 10-15446 (SHL),Docket #







206, Page 114 to Page 119), in which so called Financial Advisor from the BlackStone Group by the name of Steven Zelin testified under oath confirming that both Phillip Falcone and Charles Ergen had the control of the financial direction and decision making of Terrestar Networks Inc., and of Terrestar Corporation for their personal financial benefit. Today, they are bitter adversaries!



Judge Chapman, they had the assistances from the Management, the members from the Board of Directors, the in-house lawyer, certain Hedge Funds, their Financial Advisor and others in the deliberate financial collapsed and the elimination of our equity ownership of Terrestar Corporation. Therefore that is why Judge Chapman we humbly request that the asset of the 1.6 GHz Spectrum License be place in control to an assign Special Trustee and to be appointed by the Department of Justice or by a Special Prosecutor until a vigorous investigation is completed by the different Enforcement Agencies including the S.E.C., the F.B.I., and any other Enforcement and Regulatory Agencies.



In behalf of the minority common shareholders and our families we thank you Judge Chapman in giving a say in your court what occurred to the minority common shareholders of Terrestar Corporation. As per your wishes in the past, these court proceedings must be transparent because the general public and our governmental officials must know what occurred to us.



Truly it has been a very difficult and frustrating journey for many of us in the stealing of our property and a violation of our constitutional rights in this very well crafted Pump & Dump Constructive Fraud and Bankruptcy Scheme.



The world must be informed of this travesty of justice and justice must prevail. In behalf of the minority common shareholders and our families, we thank you again Judge Chapman.



The minority common shareholders of Terrestar Corporation:


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