Goldman Only Cares About the Money, Says Lawyer for Sean’s Brazilian Family

    Sérgio Tostes For Sergio Tostes, the lawyer of the Brazilian family of American boy Sean Goldman, David Goldman’s announcement that he intends to sue to get back what he spent – about half a million dollars – in his judicial battle to get his son back just shows what he says always was the American’s objective: getting money from the rich Bianchis and Lins e Silva.

    This “reveals the character” of Goldman, he told reporters in Brazil, adding: “It’s just proof that all he ever wanted was money. This is the concern that moves him.”

    And he continued “This statement is not surprising and it only shows the pecuniary interest of Mr. David Goldman. All he did was not in the interest of the son, it was pecuniary interest.”

    Tostes noted that the Bianchis, the grandparents of Sean, had already paid the American father US$ 150,000 so he would end the lawsuit against the Bianchis in which they were co-defendants charged with kidnapping the child together with Bruna Bianchi, who went with the son to Brazil five years ago when he was 4.

    She ended up dying a little over a year ago when giving birth to Chiara, her daughter with famous lawyer, João Paulo Lins e Silva whom she married.

    The Brazilian lawyer also said he considers “ridiculous” all the exposure NBC TV is giving to the case. The network has shown Sean interacting with the father, arriving at his old house in New Jersey, opening Christmas gifts and getting back to his toddler time’s bedroom.

    Tostes stated that the last lawsuit in Brazil in favor of Goldman was filed by the Brazilian Attorney General and paid by Brazilian taxpayers’ money: “The Federal Government spent Brazilian taxpayers’ money and he is charging for his attorney.”

    Sean’s Brazilian grandmother, Silvana Bianchi, didn’t want to make a longer comment on Goldman’s actions, saying only that she was “appalled.”

    She talked about her own feelings, however: “I’m terrified. I’m tired of watching TV, I’m very upset, I’d rather not see.”

    Bianchi revealed she spoke to Sean on Tuesday. The call, according to her, was made from David Goldman’s phone and lasted about 15 minutes. “I asked if he was okay, he said he was missing us a lot. It was grandma’s talk, concerned with her grandson’s health. He said all was going well. My heart is with him, we think of him all day.”

    The grandmother said that she is waiting for a court decision to visit her grandson in the U.S. “I didn’t want to let Sean go, but had to allow it because of the law. So, the same way there is a law for him there is a law for me,” she added in a reference to the fact that she needs legal authorization to be able to see the boy in the United States.

    Tostes informed that the judicial proceedings to get Sean back to Brazil will continue in the Brazilian courts despite the decision by Brazil’s Chief Justice, Gilmar Mendes, who ruled that the American boy should be handed over to his father.

    “The process is not over and we still have all the available appeals including habeas corpus. Gilmar Mendes’s decision was what is legally called anticipated guardianship. It was against this decision I said I wouldn’t appeal, because the risk of Sean being subject to seizure by police force was immense,” the lawyer stated.

    Brazil’s Minister of the Special Secretariat for Human Rights, Paulo Vannuchi defended on Tuesday the Brazilian court’s decision to hand over Sean to his father. According to a statement from his office, the Supreme Court’s (STF) decision complied with the Hague Convention, of which Brazil is a signatory.

    “Any child taken from the country in which he lives to another country, and who is retained without the consent of one of the parents, should be immediately taken back, so that all matters relating to custody and visitation can be decided in the country of habitual residence,” wrote the minister in a note.

    For many, any financial future is dependent on their parents bank account. Some expect to get an inheritance to guarantee their financial stability. Twenty percent of baby boomers, 32% of millennials and 36% of generation X-ers say they have to rely on family money.

    Tags:

    • Show Comments (27)

    • bb

      ?
      Esse senhor Sergio Totes (que gosta de uma grana!!!!) e que nao deve SER PAI e um ridiculo que deveria esta em casa escondendo a cara de pau dele.
      Lamentavelmente a mae morreu e o S. so tem um pai…UM PAI…pq segue querendo que o S. nao veja, nao esteja e nao ame o pai verdadeiro…pq ele tb tem que ser orfa de PAI VIVO?
      voces sao uns egoistas que nao aprendem com as infelicidades que JA vivem (NAO SE DAO CONTA), pelas muitas coisas erradas que fazer…digo isso para todos…os advogados que nao sabem o que e SER API E AVO, a Avo que nao sabe tb o que e ser avo e esta mais preocupada com o egoismo dela de ter o neto ao lado, que unir o neto ao PAI que desonestamente foi roubado e tirado o direito de paternidade…
      Finalmente vcs experimentam o proprio veneno…e vem com esse papo que estao preocupados com o menino, o neto…vcs nao tem respeito por nada…nem por voces mesmoo
      Tratem de tentar ter um ano novo de paz.

    • GraceT

      Nonna Bye Bye
      I notioed Jose Wilson Miranda, probably JP and PLS’s buddy, did not leave his email address. Certainly did not want to get tons of angry emails.

    • GraceT

      Socio-affective madness
      Yes, and this twisted article was posted in the http://dastardlydads.blogspot.com/2009/12/lawyer-goldman-only-cares-abou-money.html#comment-form

      What a completely manipulative article. David Goldman was a victim of a selfish ex-wife and her immoral parents. This family made his life miserable for years. He finally got his son back. He is an excellent father. The greedy family has deep emotional problems. Sean is in a much saner environment now. He will heal and adapt like many other children that move from one place to another. New friends, new school, new language. Not the first child to go through that. With the love and support of his father. According to Judge Pinto’s ruling, David can get attorney’s fees. He should never have had to fight for his own son in the first place. Sad to see such one sided information on this article, written by a Brazilian of course. There are good and bad fathers, good and bad mothers, and David Goldman is certainly a father that deserves tremendous respect.

    • Celita Polsgrove

      Repair the damage is very important mr attorney
      The attorneys everywhere and in Brazil always try to get the repair the damage trough a compensation and that really teaches a lot , when hurts your wallet. Whoever lose in court has to pay the expenses and the damage. Tostes and Joan Lins e Silva are the only attorneys that don’t know about that. They are hypocrates and this litigations has to have a total repercution for not stimulate the crime. How much would cost to lose five years of your life. How much would cost five years without your son? Without to see his early development when the fisrt teeth are replaced. Without see when he start to read. How many thousands of husgs and kisses the real father lost all these five years and just because were stolen ? Priceless. $500 is nothing!

    • Evelyn Martinelli

      In this story of Sean what is concrete is that David had Guillain-Barre syndrome, which Bruna died mysteriously and that the Brazilian family hates David. The Guillain-Barre Syndrome is recognized as one of the consequences of HIV infection. The rest is staging and theater.

    • M

      please…just…go…away
      Goldman absolutely needs to be compensated for the small fortune that he has spent repatriating his son. These laws exist to protect the left behind parents, and to also serve as a deterrent for any potential abductors. Let’s hope that when another narcissistic, sociopathic, criminally-minded family even [i]considers [/i]an abduction, they can do so with the knowledge that it will cost them $500 million dollars.

      And will somebody please send Tostes a copy of the Hague Treaty? It would help if he could finally read that thing and prepare his arguments accordingly. This client – attorney relationship is truly a match made in heaven.

    • Mariah Houston Spears

      KARMA
      Karma is definitely a bitch for the grandmother and stepfather.

      They should go ask the dead daughter/wife for proof …

    • ..

      [quote]I notioed Jose Wilson Miranda, probably JP and PLS’s buddy, did not leave his email address. Certainly did not want to get tons of angry emails.[/quote]

      Grace T, you are an idiot to take cheap shot at Zé Miranda, who was merely reporting the statements made by various parties over this case, including the one by that Minister of Human rights,Paulo Vannuchi. Miranda is a good reporter and I don’t think he is a buddy of JP & PLS. You want everybody to send “angry” e-mail to him. For what purpose? What is the point in scolding a messenger?

    • Jeanne M. Hannah

      Hague Convention Allows Parents to Recover Fees and Costs from Kidnappers
      This is, and has been from the beginning, a [b][u]kidnapping case[/u][/b], not a custody case. Judge Pontes held in June that Lins e Sliva’s wrongful retention of Sean after Bruna’s death was “a second kidnapping.”

      Tostes is credited above as having told reporters that “Goldman’s claim for compensation revealed his character” and as accusing David Goldman “of being interested only in getting money in this dispute and not in his son’s well being.”

      Perhaps Tostes should read the The Hague Convention on the Civil Aspects of International Child Abduction. Article 26 of the Convention says that Brazil (the Central Authority must bear its own costs in applying (or misapplying, in this case for 5+ years)the convention.

      The precise words of Article 26 (in relevant part) are:

      Each Central Authority shall bear its own costs in applying this Convention.

      [i][NOTE: Obviously, Tostes simply forgot this when he said as quoted above “Tostes stated that the last lawsuit in Brazil in favor of Goldman was filed by the Brazilian Attorney General and paid by Brazilian taxpayers’ money: “The Federal Government spent Brazilian taxpayers’ money and he is charging for his attorney.” Yes, that’s the way the Convention works.][/i]

      Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. [u]In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings [i][/u]or, where applicable, those arising from the participation of legal counsel or advisers.[/i] However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.

      * * *

      Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.

      You may read the Convention in its entirety here. http://tinyurl.com/yaheu4e.

      Tostes could have told Silvana from the beginning that she had a lot of exposure for the legal fees and expenses of David Goldman. He ought to either tell Silvana now that future actions in the Brazilian courts likely will subject her to even greater fees and costs. Or perhaps he should just put his malpractice insurance carrier on notice.

      Jeanne M. Hannah The Goldman files: http://tinyurl.com/yb9zl5p

    • Denise

      Just Shut Up
      [b]with your lies and defamation. your client KIDNAPPED in COLLUSION (which is defined as: is an agreement, usually secretive, which occurs between two or more persons to limit open competition by deceiving, misleading, or defrauding) with her daughter and husband, a four and half year old boy, held him there for five years and conspired to alienate this child from his biological father for their own sick, twisted, pathetic reasons. Your client is extremely sick in her mind and needs to in an institution until she gets a grip on reality. I have no words for Lins e Silva, a disgusting, man who has no balls attempting to steal another man’s son because he obviously cannot father any of his own. Your clients daughter was sick in her mind. She was jealous of the relationship between father and son and she tried to destroy it. I hope that the US and David Goldman stick it up your clients ass and yours too sideways without KY JELLY. Her tears don’t mean jack to me because where was her compassion for David and Sean?? Thomas Merton said ” The beginning of perfect love is to let those we love be themselves otherwise we love only the reflection of them that we see”. JESUS CHRIST said to love one another even as I have loved you. Your nothing but a lying well paid lawyer. [/b]

    • Zack

      Grace, I’m glad I’m not the only one who was outraged by that digusting blog post (and she’s posted other ones since then)
      http://dastardlydads.blogspot….mment-form
      This writer and several of the ilk she links to accuse the U.S. media of bias yet are providing articles from certain media publications in Brazil that do nothing but slam David and give the grandmother and stepfather an endless amount of space to slander him.
      They also attack David, how dare he attempt to get back his child who was kidnapped. Apprently, only fathers kidnap their children and only those children deserve to be reunited with their families according to their logic.
      As to David only caring about money, he’s spent over $400,000 in his fight to bring his son home. If he only cared about money, then he would forgotten all about Sean and just left him in Brazil.

    • Miguel Dias

      Pathetic!
      I am myself fighting for the return of my daughter to the US. She was kidnapped by my wife who went back to France. I understand the fight and the pain that David Golman have to endure all these years and I am more than happy to see the happy ending. BUT, he fought for 5 years and as I am doing the same thing he as done, in particular the lawsuit and the travels, I know how much money he spent for that fight. I see nothing wrong with the position of David Goldman asking money to cover the expenseS. The Bianchi family should have thought about it before fighting for years to prevent the most natural thing in the world: having a son and a dad reunite. They are not naive or stupid cause they are lawyers: they knew what they can loose with that fight. And I hope they are going to pay a huge amount of money… Maybe it will serve as an example and other people will think twice before kidnapping a children. And not to mention that Sean is a 9 years old boy. He has his life in front of him… He will have to go to college and the money Goldman may get back will probably will use for that and I think it’s fair and it’s a better use of money…

    • American Joe

      The answer is this
      The Brasilian upper class is nuts.

    • Abuela Luisa

      Abuela must stop the fight
      You are hurting your grandson. Work it out. Are you afraid of your son in law the “famous lawyer?” Will he take away your granddaughter? Is that why you act this way? Sin verguenza. Todos.

    • caipira

      Assets in the US
      I think the family has various assets in the US that he can go after.

    • Sem Vergonha

      Triste
      This family, their lawyers, and the Brazilian legal system are an embarassment to Brazil. Goldman can sue for his money spent, but good luck collecting it from Brazilian justice. I hope the US denies that POS gramma a visa until they pay Goldman back, then let’s see how much she misses the boy.

      Goldman is after the money Tostes? How does that work exactly? Let’s see, he spends a fortune fighting the corrupt Brazilian legal system, gets his son back, and then wants to be paid back. I’m sorry, where’s the profit margin in that? You make an outstanding commentary on the quality of Brazilian law schools, lawyers, and judges.

    • Tostes after Bianchi money

      Greedy HYPOCRITE Tostes
      Goldman is only after money? How about you Tostes, dragging out an already lost lawsuit? Want more money exploiting a rich and deranged grandmother? Tostes = HYPOCRITE Mr. Goldman, SUE the Bianchi/Lins e Silva forever!

    • theman

      Hague convention entitles Goldman to money
      Has Tostes even read the Hague convention or INTERNATIONAL CHILD ABDUCTION REMEDIES (ICARA)? Both the Convention and ICARA provide for reimbursement of attorney’s fees, costs, and expenses. ICARA says the award should include “court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child.”

    • Wayne

      Sean is the winner
      Sean got his father back. The grandmother just didn’t want to lose. Face it, grandma…dad’s have a right to raise their children too. Sean is an adolescent…if he said he wanted to smoke marijuana, I suppose the would be ok by grandma because Sean said so. If Sean wanted to drive a car, that is ok by grandma because that is his wishes. Use common sense people (insert Eduardo Prado). I have followed this case for years now. I don’t blame David for trying to recoop some of the money he spent to try to get his son whom she should have not had to fight so hard for. Grandma was in the wrong and the sooner she realizes it and tries to cooperate, the better for everyone.

    • Sara

      This lawyer is a joke
      They purposely filed motion after motion in an attempt to drive David Goldman out of this case with their vast financial resources (as Bruna said she would force him to use all of his money if he fought the kidnapping) and now they are complaining that he plans to sue them to reimburse him? Come on, his expenses as well as the cost to relocate Sean are supposed to be paid for by the kidnapping family as per the Haque. And David must be the best actor in the world if anyone is going to believe this family….. all of that emotion when he talks about his son and they want us to believe it is about money. If that is true, give David Goldman the Oscar for Best Actor right now.

      As for the TV coverage, it is nothing this family hasn’t done. They aren’t interviewing Sean, just videotaping him. Guess the family doesn’t like what it sees. I don’t see Sean throwing fits or crying.

    • caipira

      If I was in the same situation
      and someone had kidnapped my son, kept him for years and forced me to run up huge legal expenses, I would go after them financially after getting custody.

    • Eduardo Prado

      Sean the Bomb!!!!
      Finally, the US´ve got the lethal weapon they fear so much in their land. Sean is a BOMB ready to explode.

      I know 9 year old well educated brazilian boys, they have an opinion, a strong one, and thats not going to change, ever.

      He´ll speak sooner or later, and all these people saying he´s just a retard are going to look like the real retards.

      David is now the “NO, YOU CAN´T” dude and this brazilian family are the “YES, YOU CAN HAVE AN OPINION, YOU CAN DO WHATEVER YOU WANT”.

      David can´t win this, Sean will hate him.

    • Rachel Turtle

      Ohhh Come on
      Eli, you bastard, not again, miou portguese inhê perfeto, sin nenôn soultaque, uuuureal di djanero, see.

    • Eli Green Card

      The boy can NOT speak
      My wife speaks broken portuguese, but I understand her. She came up with this idea: hide the boy from everybody, so he would not have to speak and mess the whole thing. See, the boy wants to come back, we can´t let him talk.

    • ..

      [quote]Brazil’s Minister of the Special Secretariat for Human Rights, Paulo Vannuchi defended on Tuesday the Brazilian court’s decision to hand over Sean to his father.[/quote]

      By making this statement, Vannuchi proved that the Government´s decision was purely political and had nothing to do with legality of the issue. He kept his mouth shut during all these years when the court battle was going on and he comes out with this nonsensical statement now.

      As for the Lawyer´s statement of Golman caring only about the money: I don’t think Doctor.Tostes is defending Silvana´s case for free. Oh, he may face a libel suit from Chris Smith for having called the congressman a MF! Wouldn’t that be interesting?;-)

    • Sonya in Tx

      The grandmother needs to stop fighting international law.
      The Brazilian grandmother of Sean really needs to stop fighting. The law is not on her side, and hasn’t been from the beginning. David is the biological father and has the right to raise his son and have sole custody. It’s been upheld by American and Brazilian courts. If she wants to have any type of relationship with Sean, she needs to learn to get along with David for the sake of the child.

    • Lovelle Ruggiero

      Cara Nonna
      Please Nonna, if you want to have a loving relationship with Sean, become David’s best friend. Don’t let the fancy lawyers speak for you. Do what’s right in your heart. Challenging this ruling doesn’t help get what you want.

      Losing your daughter must have been devastating and now that Sean is gone you are worried that all is lost. Become part of the team to help Sean acclimate to his surroundings and you will see Sean again. Sean hasn’t forgotten you or the times in Brazil. Lovelle Ruggiero

    Your email address will not be published. Required fields are marked *

    comment *

    • name *

    • email *

    • website *

    This site uses Akismet to reduce spam. Learn how your comment data is processed.

    Ads

    You May Also Like

    Tarciso

    The dreams started to become confusing: those men full of open wounds would get ...

    BRIC leaders

    China’s Earthquake Shortens Brazil’s BRIC Summit. Chinese Leader Cuts Short Trip

    The leaders from the world’s four biggest emerging economies – Brazil, Russia, India and ...

    Brazil’s Lula Visits and Praises Landless

    On Saturday, January 22, Brazil’s President Luiz Inácio Lula da Silva paid a visit ...

    Brazil Markets Start Year Subdued

    Brazilian equities began 2005 in a downslope performance, as investors booked some gains following ...

    Brazil & Co Welcome Venezuela as Mercosur’s Fifth Member

    The Mercosur is about to get its fifth member. Tomorrow, July 4, Brazilian President ...

    Brazil’s Petrobras Buys Termocearí¡ Electric Plant

    MDU Resources Group, Inc. announced today that its Brazilian partnership with EBX Capital Partners, ...

    Brazil Calls US Interference on Boeing Crash Inquiry “Inopportune and Useless”

    Brazil’s Defense Minister,  Waldir Pires, has condemned the pressure exerted by American authorities on ...

    Soy plantation in Brazil

    Brazil Expecting a 10% Drop in Grain Crop

    The 2008/09 Brazilian harvest is forecasted to experience a loss of 5 to 10% ...

    Taking a Peek at Brazil 2006

    Despite not having a crystal ball, every now and then, in politics, looking out ...