J. Benjamin Dolan, Dickinson Wright Partner
Ben Dolan "Liar Lawyer"
This Page is Devoted to the Many Lies Told by Ben Dolan at a One-Hour Hearing in October 2016
Coming Soon! L I A R L A W Y E R
Coming Soon to Amazon.com! Liar Lawyer - Just Some of the Lies Told to Judges by J. Benjamin Dolan
The Book is Filled with Just Some of the Many Lies Told by Ben Dolan to Judges and includes True Stories regarding Dolan:
- Colluding
- Committing Fraud
- Committing Bankruptcy Fraud
- Aiding and Abetting Fraud
- Lying to Judges in State and Federal Courts
- Supervising an Associate to Get a Court Order Fixed
- Much More ...
To Get A Receiver Appointed When No Payments Were Missed...
Ben Dolan Told A Litany of Lies to the Court in a Single Hearing to Paint a False Picture
LIE #1 - Dolan asserted that McKinley, the proposed receiver, was “a very experienced local knowledgeable excellent company that could come in” to complete construction but the Receiver testified nearly a year later on October 20, 2017 in the United States Bankruptcy Court that his “expertise is not construction”. The Receiver’s counsel, Jim Fink, further misrepresented at the first hearing, “This is exactly the kind of project that my client has experience with. They know how to take a faltering project and turn it around. They’re known as turn-around experts. They don’t delay things.” But on January 10, 2018 in the Michigan Court of Appeals, in an effort to argue that McKinley was not conflicted because they were a manager of existing properties rather than a developer, a Dickinson Wright lawyer, Phil DeRosier, stated that McKinley was not a competitor since it's expertise was not construction, “not when it comes to ground up construction and development of these projects” on this “scale”, “that’s for certain.” Dickinson Wright lawyers were telling different things to different courts when it is convenient for them, regardless of the truth.
LIE #2 - Ben Dolan's "Game Plan" Lie
Ben Dolan falsely and repeatedly asserted that their proposed receiver “have a game plan already set forth of taking over this project and bringing it to completion very quickly . . .” Seventeen months later, a crucial email sent two days before the hearing was discovered. That email outlined the actual plan to do the opposite. In fact, the real plan was to suspend the project in full for the winter and only “begin construction in earnest once the frost laws are lifted,” which generally occurs in Michigan in March or April each spring, approximately six (6) months after Dolan’s blatant lie about a “game plan” to bring the project “to completion very quickly.”
LIE #3 - Ben Dolan's "Disrepair" Lie
Ben Dolan Lied Again to Create The Illusion of Construction Problems That Didn't Exist
Ben Dolan falsely asserted that the project was in “jeopardy of going through the winter in a state of disrepair” and that they possessed an allegedly credible report to that effect. The falsity of Dolan's statements were proven 17 months later when Dickinson's construction expert testified that the receiver still had not completed many of these items and there was no report whatsoever.
LIE #5 - Ben Dolan's "Degradation" Lie
At the same hearing, Ben Dolan falsely stated that, under the borrower’s watch, construction had entirely stopped and filed a false Declaration asserting that, “[a]bsent immediate recommencement of construction and winterization of the construction site, the condition of the [b]uilding will degrade, deteriorate, and depreciate . . .” In truth and in fact, the borrower had never stopped construction. The term “recommencement” was used to create the false impression that construction had stopped. At her April 16, 2018 deposition testimony, Tina Van Curen, the signer of the Declaration, testified that she had no knowledge that the construction had stopped and didn't know who prepared her Declaration. She then admitted that, “It was a construction site ongoing.” “I’m not saying there was a problem. I was indicating that the utilities and mechanical systems were incomplete,” which of course is always the case when a building is in the midst of construction. Her later testimony was consistent with another construction report of the exact same date alleged above that there were no “visually apparent unaddressed deficiencies,” and the “overall quality of the work . . . appeared to be in general conformance with industry standards and the intent of the construction plans & specifications.”
LIE #6 - Ben Dolan's Lie Regarding Liens
Ben Dolan concocted yet another falsehood that the borrower had been “squabbling with his contractor to the point where construction liens are filed.” In evidence discovered 17 months later, Dolan's client's emails showed that it had approved the payments to the subcontractors but intentionally withheld payments to cause liens. Payments were withheld to manufacture an excuse to get a receiver appointed. The borrower had specifically requested that these contractors be paid but Dolan's client purposely and corruptly held off paying these subcontractors to hold those liens fraudulently against the borrower to justify the appointment of a Receiver.
LIE #7 - Ben Dolan's Lie about an "Aggressive" Schedule
In Truth, There Was No Schedule Whatsoever Until 9 Months Later
At an October 2016 Hearing, Ben Dolan falsely represented that “McKinley . . . has a construction schedule that is very aggressive, very on point that will get the project done in a timely fashion and get it leased up.” Both Tina Van Curen, their construction consultant, in her deposition eighteen (18) months later, and the hedge fund representative in a Bankruptcy Court hearing on September 19, 2017, testified that in fact there was no overall “schedule” until 9 to 10 months after the October 2016 Hearing - thus evidencing the utter falsity of Ben Dolan’s on-the-record statements at the initial October 2016 Hearing.
Lie #8 - Ben Dolan's Lie About the Contractor
Ben Dolan Lied That They Would Consider the Borrower's Contractor When He Knew Another Was Hired
In order to sway the Court so that it would approve its hand-picked receiver who was connected with the now disgraced judge, Ben Dolan falsely represented that “maybe McKinley would keep [the contractor] on, transition would be smooth.” "... I wasn’t saying we’re telling McKinley who to hire, just that they would consider all options including [the borrower's contractor], whatever would take the project forward as quickly as possible.”
This lie is proven by an email which included Ben Dolan, and was sent three days before the hearing in which the selection of another contractor was “completed” and that other contractor was the “cornerstone to our success.”
