Post by sandi66 on Nov 7, 2007 14:37:08 GMT -5
Why a Default Judgment?
I was reading some of the frenzied responses earlier this year to the complaint against Urban and other defendants last night. Then I realized I actually had a copy of the PDF saved and read it again this morning. It would seem there are a lot of serious charges contained in the document. But it raises some questions.
First, and to me, the most curious item is this: why would UC appoint certain ppl to take over the company only to have them charge him with so many serious violations? Naysayers might just dismiss this as UC is just plain dumb. But dumb like a fox is more like it. And, at least at the time the Tyler guys agreed to be part of all of this, they had to agree to certain things.
In the past I made reference to having to have a default judgment entered against UC and others. Only then could we be ruminated. I’m sticking to that. A default means that there has been no trial, no testimony and no actual admissions to anything – only that, because no defense has been brought forward, the parties are guilty because they did not defend against the charges. This part is important.
It’s been rumored that original management has actually proved that the company was raped and pillaged at the hands of certain crooks. I’m not going to go into names, dates and other stuff but it took the likes of Mahue, Stocklien, Glenn and a cast of plenty to actually get the goods and show the forces within the Federal Reserve that it’s time to actually pay up on their guarantee of a just and equitable market.
As I’ve been saying for the past three years, the Feds will never openly admit that the system was so screwed up that anything like this could happen in the ‘safe’ markets of the U.S. But as TONS of recent evidence would show, it was and is that screwed up. And let’s say that there is a nice reward waiting for us. How do we get it while they maintain a certain illusion?
Built right into the complaint is the remedy – if you’re paying attention. In the complaint against UC and other defendants dated April 25, 2007, on page 14 under the heading Fourth Cause, line 19, it reads:
“ CMKM requests the Court to exercise its equitable powers and order that all assets received by defendants from their wrongful acts and resulting investments from those assets be awarded to CMKM.” (CMKM = Bona Fide Shareholders)
Okay, word is that UC and others ‘stole’ in the neighborhood of $200M from stockholders. But the operative phrase in that sentence is “…and resulting investments from those assets…” That should, could, and eventually will result in remuneration far beyond the original $200M. But there’s more.
Page 17, line 78: Defendants should be made to disgorge all benefits derived from unjustly owning, holding or disposing of company assets. Defendants should be made to return all funds received directly from the company or as proceeds from the sale of company stock or other assets.
The kernel here is “other assets.” Or, assets in excess of the $200M.
There’s more, but those two lines are quite enough. It allows everyone (except the moron shorts) to be happy. Almost no one except the principals is ever going to know EVERYTHING that happened. But once UC is declared guilty by default of these accusations, the feds can cut loose with what they have, and the slate can be wiped clean because the defendants have actually complied with the built-in remedy. Pretty cool huh? The government saves face, UC is guilty for those who so desperately need him to be, and we get some long-awaited moola.
So why hasn’t the default been declared? Hmmmmmmm?
Oh, I happen to believe that such remuneration is only one part of what’s coming. There are those pesky claims that so many say have disappeared. Stay tuned…
AMHO
By: Bellingus on RB
ragingbull.quote.com/mboard/boards.cgi?board=CLB01247&read=27300&endat=27302&numposts=60
I was reading some of the frenzied responses earlier this year to the complaint against Urban and other defendants last night. Then I realized I actually had a copy of the PDF saved and read it again this morning. It would seem there are a lot of serious charges contained in the document. But it raises some questions.
First, and to me, the most curious item is this: why would UC appoint certain ppl to take over the company only to have them charge him with so many serious violations? Naysayers might just dismiss this as UC is just plain dumb. But dumb like a fox is more like it. And, at least at the time the Tyler guys agreed to be part of all of this, they had to agree to certain things.
In the past I made reference to having to have a default judgment entered against UC and others. Only then could we be ruminated. I’m sticking to that. A default means that there has been no trial, no testimony and no actual admissions to anything – only that, because no defense has been brought forward, the parties are guilty because they did not defend against the charges. This part is important.
It’s been rumored that original management has actually proved that the company was raped and pillaged at the hands of certain crooks. I’m not going to go into names, dates and other stuff but it took the likes of Mahue, Stocklien, Glenn and a cast of plenty to actually get the goods and show the forces within the Federal Reserve that it’s time to actually pay up on their guarantee of a just and equitable market.
As I’ve been saying for the past three years, the Feds will never openly admit that the system was so screwed up that anything like this could happen in the ‘safe’ markets of the U.S. But as TONS of recent evidence would show, it was and is that screwed up. And let’s say that there is a nice reward waiting for us. How do we get it while they maintain a certain illusion?
Built right into the complaint is the remedy – if you’re paying attention. In the complaint against UC and other defendants dated April 25, 2007, on page 14 under the heading Fourth Cause, line 19, it reads:
“ CMKM requests the Court to exercise its equitable powers and order that all assets received by defendants from their wrongful acts and resulting investments from those assets be awarded to CMKM.” (CMKM = Bona Fide Shareholders)
Okay, word is that UC and others ‘stole’ in the neighborhood of $200M from stockholders. But the operative phrase in that sentence is “…and resulting investments from those assets…” That should, could, and eventually will result in remuneration far beyond the original $200M. But there’s more.
Page 17, line 78: Defendants should be made to disgorge all benefits derived from unjustly owning, holding or disposing of company assets. Defendants should be made to return all funds received directly from the company or as proceeds from the sale of company stock or other assets.
The kernel here is “other assets.” Or, assets in excess of the $200M.
There’s more, but those two lines are quite enough. It allows everyone (except the moron shorts) to be happy. Almost no one except the principals is ever going to know EVERYTHING that happened. But once UC is declared guilty by default of these accusations, the feds can cut loose with what they have, and the slate can be wiped clean because the defendants have actually complied with the built-in remedy. Pretty cool huh? The government saves face, UC is guilty for those who so desperately need him to be, and we get some long-awaited moola.
So why hasn’t the default been declared? Hmmmmmmm?
Oh, I happen to believe that such remuneration is only one part of what’s coming. There are those pesky claims that so many say have disappeared. Stay tuned…
AMHO
By: Bellingus on RB
ragingbull.quote.com/mboard/boards.cgi?board=CLB01247&read=27300&endat=27302&numposts=60