Alon USA Partners, LP (ALDW)

[jugs]

It's not easy letting go of a fantastic lover, is it ever?

I know I've got to say goodbye but this pick is one of my all-time greats.

Silly old-fashioned fool that I be yet I'm not seeing reason to depart.

NGL is a very suitable partner, of course. So one of these days I'll just flip the switch and accept another life change.

For now, though, I'm not quite ready.

[jugs]

As I whittle away at my few remaining shares of DK, I'm hearing that big buuuuuuurrrrrrrpppppppppp! in the sky.

RIP, my good friend ALDW.

You deserve it.

[jugs]

Excellently stated, my good friend.

[pete807]

DK is the darling of the sector.... We are enjoying the tripling if ALDW's sale price by holding DK!

NGL is going to be the darling when they complete the debt pay down as they have announced..
At the moment what is real good is the yield of NGL not the same can be said about DK. So the moral of the story is to hold for different reasons but similar outtcomes....... INCOME!. Both kinds whether it's appreciation and/or distributions.

So long
GLTA!

[jugs]

This is my farewell message to former ALDW-ites.

I've not received feedback of any sort from legal authorities responsible for handling complaints relating to our being denied last rights and rites involving the final two quarters of distributions.

Since that time when ALDW disappeared I've manage to make some serious cash by holding a few hundred DK following the big swallow.

Obviously I made more by holding than would have been the case had I received just desserts via payouts.

But in any event, the door is closed and I see no point in continuing to hope for salvation.

Rest in peace, fellow country people. The ride was immensely profitable and my remaining 461 shares of Delek are, as well.

I wish every one of you the very best and hope we are all amply rewarded via NGL.

[jugs]

Wow, you're doing great in CVRR.

I've played the pick numerous times in the past and like its chances to do well. But I read Carl Icahn too easily and don't trust him at all.

Still, I'm really pleased that you're prospering in it. That's cool!

[Topfuel]

I took a small position swing trades in it, just left at 45 only had 500 shares on 2 buys in at just over 40, Just a trade, my main play now is one you don't like cvrr, but i have a good position from high 7's

[jugs]

Ho, ho, ho?

lol

To pimp or not to pimp---that is the question.

I'll go wherever I smell opportunity to make money via trading.

But BPT isn't really a bitch. It's not operated by a management team nor does it reflect any type of personality. One man records production numbers and shaves off the appropriate money to be distributed. Simple as that!

What kind of money do you have at risk in it and what's your cost basis?

[Topfuel]

All I can think in layman’s terms if they would have told the shareholders their intentions. The stock would have took a substantial drop so they tried to protect their institutional holders till conversion. That is why I will trade Dk as a ho. Use it and lose it
Disclaimer (lol) I have not tried the ho thing, but have traded DK ho

[jugs]

ALDW is possibly the strangest of all creatures I've encountered over the near quarter-century of my market involvement. And while the terms of separation were exceedingly unpleasant, I'm not yet able to determine how I feel about the resolution as yet pending in my emotion-based machinery.

The conversion vehicle is Delek (DK) as we all know. The current price point is moving towards the $46.50 level. Looking back at the 0.49% conversion rate at the time of the big swallow, ALDW units would now reflect about half that amount or $23.25.

Of course we now know it wouldn't have happened in "true-time" were it not for DK's intrusion. And while I hold only 559 shares of DK, they hold enormous gains in part due to the infusion of ALDW assets and results.

So I'm asking for folks to offer their insights. I don't have peace just yet and perhaps won't. But I'm in great financial shape at the moment, thanks in large measure to my ALDW/DK involvement. My hope is that others here feel similarly but I await your responses.

Thank you!

[Topfuel]

I just received the same dear John email yesterday, I wonder what the lawyers are thinking not pouncing all over this.

[jugs]

Separate entities? Of course.

But ALON no longer exists and only DK could have dispatched the k-1s at their time of forwarding.

One would think they're hoping to minimize scrutiny. Or, should I say, "Screw-Tiny?

Feeling small,

Jugs

[pete807]

From the same SEC filing:

ALDW and Delek will endeavor to coordinate regarding the declaration of any dividends or distributions during the period from the execution of the Merger Agreement to the date that the Merger is consummated with the intent that no ALDW Public Unitholder will fail to be entitled to receive any quarterly distribution by ALDW unless it becomes entitled to receive a quarterly dividend from Delek in respect of the same period.

So if you sold ALDW before the end of 2017, you would not receive a D regardless of a future merger. When the yr and quarter ended December 31, you still had to hold ALDW until the ex date, which never happened.

If you took DK shares in 2018, then the above clause is in effect. My last post here outlines the 2.5 cents we received (which was also given to DK holders who never had anything to do with ALDW?) ...hmmm?
Legally they got some of our deserved distribution didn't they?

The DK position is we did right by OUR investors.

P.S. What about the period BEFORE the November 7th

execution of the Merger Agreement

???

[pete807]

They were totally separate for the reporting period. That is a well known fact. Nothing will be said about a deal that did not happen during 2017... Nothing would be mentioned about a deal that may not have even happened had the SEC examined what was going on.

Yes, they are concealing the last quarters numbers from the K-1... THEY HAVE TO! We are not supposed to know anything about the earnings we are still entitled to a share of!

My only question is why this glaring scam is not being pursued by lawyers? Why can any company take over another and bury the final quarters numbers before the merger?

The SEC pointed to timing of reporting the previous year (late Feb) and fine print in the answer:

If the date of the closing of the Merger is prior to the record date set by the Delek Board in connection with declared dividends, if any, to be paid by Delek to its stockholders, former ALDW Common Unitholders would receive any such dividends on the Delek Common Stock they receive in the Merger if the Merger is consummated before the record date for such dividends.

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=139285595

DELEK is saying we gave you 5 cents...(so about 2.5 cents extra for the ALDW piece, calculating the .49, roughly 1 for 2 swap). This is laughable but apparently legal. I would laugh but am still to angry with DK for pulling off this scam. But what we CAN do is take over $40 in mid April for DK shares when they reach that level, imo. I will do precisely that watching RSI for overbought...

GLTA!
-pete

[jugs]

Just got my tax workup (k-1) for previously held ALDW units.

Interestingly, ALON USA Partners is featured on the large envelope in the upper left indicating ALON was the sender. Within the material there's reference to ALON in the present tense giving the impression that DK and ALON continue to operate as independent entities when we know this cannot be the case. There's not a single reference to Delek or DK.

One would think DK is wishing to conceal something.

Really peculiar, huh?

[jugs]

I smell rotting flesh in that reply you've posted.

So tell me, Mr. Taxpayer supporting governmental agencies designed (supposedly) to protect your/our interests---how will you go about raising the thousands of $$$ (many?) with which to pay the attorney you select?

Pardon me while I puke, this is grossly unfair business.

[TNMopar]

I got a reply that has a little more information but not sure it really helps us.

Thank you for contacting the U.S. Securities and Exchange Commission (SEC).

You question the decision by Alon USA Partners, LP not to pay distributions prior to its merger with Delek US. Please note that a master limited partnership's decision whether to pay a distribution involves matters of corporate governance, which are governed by the corporate law of the company's state of incorporation. Most corporate decisions fall within the purview of a company’s management and board of directors subject to, among other things, applicable fiduciary obligations. Generally, management and directors are afforded broad latitude in the manner in which they conduct the business affairs of the company. However, there may be situations in which a company's management or directors make a decision that breaches their fiduciary obligations to the company and/or its shareholders. If you believe that is the case here, you may wish to consult a private attorney about any legal remedies that may be available to you under state corporate law. If you need help finding an attorney, please visit https://www.sec.gov/answers/lawref.htm.

As noted in our Investor Bulletin regarding Master Limited Partnerships, investors must pay the applicable taxes, even if the MLP does not provide the investor with cash distributions, see https://www.sec.gov/oiea/investor-alerts-bulletins/ib_mlpintro.html.

The SEC processes many comments from individual investors and others. We keep records of the correspondence we receive in a searchable database that SEC staff may make use of in inspections, examinations, and investigations. In addition, some of the correspondence we receive is referred to other SEC offices and divisions for their review. If they have any questions or wish to respond directly to your comments, they will contact you.

Sincerely,

Katherine Shiu
Attorney
Office of Investor Education and Advocacy
U.S. Securities and Exchange Commission
[phone]
http://www.sec.gov
www.investor.gov
www.twitter.com/SEC_Investor_Ed

[jugs]

Not looking especially promising from here.

[pete807]

I got this reply:

Thank you for contacting the U.S. Securities and Exchange Commission (SEC).

The SEC’s Office of Investor Education and Advocacy processes many comments from individual investors and others. We keep records of the correspondence we receive in a searchable database that SEC staff may make use of in inspections, examinations, and investigations. In addition, some of the correspondence we receive is referred to other SEC offices and divisions for their review. If they have any questions or wish to respond directly to your comments, they will contact you.

Thank you for communicating your views.

Sincerely,

Lisa Skrzycki
Attorney
Office of Investor Education and Advocacy
U.S. Securities and Exchange Commission
[phone]
www.sec.gov
www.investor.gov
www.twitter.com/SEC_Investor_Ed

[pete807]

When you start with next to nothing 50% more is next to nothing also!

The treasury bonds in an era of FREE money to banks too big to fail, but will borrow you that free money, was higher than the DK distribution. Were is the incentive? Don't tell me about great appreciation after the last 30 days of price destruction in our stocks!

Now is not the time to panic and I am not, but companies like DK don't deserve the value they did not earn fairly... I guess the lawyers will have to sort it.

I moved on except for 330 shares.... of low hanging fruit......

[jugs]

Much has been said about the 33% divvy increase from DK. Some investors seem to have swooned at the enormous gifting.

I wonder how widely it's known that in Q2 of 2015, DK saw fit to increase the dividend by no less than 50%!!!

[pete807]

I believe we will need to direct complaints to Tennessee if we are to validate any complaint against the GP taking over and killing all information we feel entitled to. The timing is the issue we should be able to validate. Remember DK will claim they included ALDW in their 5 cent raise to their paltry dividend. IMO their legal team will brag... 33% raise! This month DK went ex on the 9th and pay on the 25th. Last November they went ex on the 21st and paid on Dec. 15, 2017.

This quote comes from Edgar filing DEFM14A

In the Q&A section

Q. What happens to future distributions with respect to ALDW Public Units?

A. If the date of the closing of the Merger is prior to the record date set by the Delek Board in connection with declared dividends, if any, to be paid by Delek to its stockholders, former ALDW Common Unitholders would receive any such dividends on the Delek Common Stock they receive in the Merger if the Merger is consummated before the record date for such dividends. If the date of the closing of the Merger is after the record date set by the Delek Board in connection with declared dividends to be paid by Delek to its stockholders, then a former ALDW Common Unitholder will not receive dividends for that quarter on the Delek Common Stock it receives in the Merger, but will receive distributions for that quarter declared by ALDW (if any) prior to the closing of the Merger, if such former ALDW Common Unitholder was a record holder of such ALDW Common Units on the record date with respect to such distribution. ALDW and Delek will endeavor to coordinate regarding the declaration of any dividends or distributions during the period from the execution of the Merger Agreement to the date that the Merger is consummated with the intent that no ALDW Public Unitholder will fail to be entitled to receive any quarterly distribution by ALDW unless it becomes entitled to receive a quarterly dividend from Delek in respect of the same period. See "Market Prices, Dividend and Distribution Information."

https://www.sec.gov/Archives/edgar/data/1556766/000104746918000082/0001047469-18-000082-index.htm
GLTA!
-pete

[pete807]

There are two separate issues and I recommend calling the SEC for clarification into which issue your question falls. In my opinion we will receive a K-1 that will ignore the final 3 months of 2017 and the lawyers for DK are prepared to back them up.

I questioned the fact that there does not appear to be the usual emails regarding legal action, and the SEC cannot and will not get into any discussions of legality with us. The SEC is interested in reporting only or lack thereof as far as violations. States are the place to direct shareholder rights issues.

I have no findings and have nothing to add, except anyone can access all the filings involving ALDW. The latest was Feb 20, 2018.

Go to the web site Edgar, which will have SEC at the top also.
In the search box type ALDW and you will find all the filings, which are long and in legalese.
Good Luck!

[jugs]

This is the best place to post your findings, in my opinion. I'd encourage your doing just that as we may have a larger audience than we could know. This is also DK news-worthy material and I'd be duplicating the post (s) as this information could be very helpful to many.

As it happens, I sold off some Delek every day this week and part of last week. It seems to me that it's just a matter of time before we get wind of public announcements indicating that the SEC is questioning and/or challenging Delek of having engaged in unfair trading practices. Should that happen, I'd not want to be holding much DK as it would almost certainly fall prey to a severe drop inasmuch as the rules violations are not unlike low-hanging fruit.

[pete807]

I sent a couple of the top posters here a private message with regards to the ongoing dispute we have with the GP.
If anyone wishes more information regarding ALDW please post the question here. ALDW was delisted and the new owner of our units is DK, a Tennessee corporation. ALDW was a Texas corporation.
Those two states are the focus of our rights issue.
-pete

[jugs]

This is what I did last week, approaching Ameritrade with the same items on my plate---the K-1 and also the absence of any guidance whatsoever.

[pete807]

Damn quiet on the illegal combining of the books by DK with this company from Oct 1. February 7...
No nothing behind the ambulance here!
There are no doubt millions of dollars at stake!
And what do you suppose the K-1 that we all will get will say, and how can they disguise the truth?
I spoke to the brokerage today and alerted them that the K-1 would likely be phony or non existent.
Their legal team will be advised. I suggest everyone alert their brokerages.
All we can do is keep barking!

[pete807]

Good work, I don't know a time frame on progress to be expected or resolution but TNM seems more informed on the building of this case in terms of numbers of people, and the benefit of building that number.

I suspect you may be correct that the big money investment firms on the list I posted are strange in that they clearly include post closure transactions listed not under DK, but under ALDW even well into the middle of February... Just another dot we can connect, ....as IF the class action doesn't include the part of the 18% that was institutional, then it was small enough of a class to warrant the decision to ignore!!!

hmmm, lets get the lawyers to ask for more than just our rightful distribution... This was like a hot cup of coffee dumped on us causing severe burns. :0)

[jugs]

The complaint form presented by the Texas Securities Board requires what they call a summary of the protester's complaint. Follow is an exact duplicate of what I've now submitted. Use it as you will. Naturally I'll keep everyone apprised of any developments forthcoming.



Throughout my four years of involvement with ALDW it was common practice for that company to issue guidance on a quarterly basis so as to equip partners with important information by which to manage his/her investment. Quarters 4 and 1 (of 2018) are the only times when such information was not directed to unitholders. Delek assumed control over all matters connected to Alon Partners.

Hurricane Harvey proved devastating for area refiners. In its most recent SEC filing, DK admits that ALDW refining assets contributed massively to Delek's bottom line improvement amounting to a 129% improvement. Higher commodity prices and improved crack spread also contributed to the overall increased valuation. Delek has made it known that ALDW assets were not impaired as a result of the storm affecting other area refiners. It is for this reason that the media and analysts covering commodities formed a consensus leading to greatly improved distribution expectations.

At the time of announcement of the intended merger between Delek US and Alon US, it was stipulated that upon completion of the merger, ALDW unitholders would receive 0 ,49% of a DK share for two ALDW units. ALDW unitholders holding onto their positions had to have done so for the sake of pending distributions. When the (roughly) two-for-one conversion was announced, stock of both companies proceeded to move in lock-step with one another and there could be no advantage in owning ALDW other than for the lure of the distributions.

There were a number of larger institutional investors dating back to October and running through to the end of 2017 which added to preexisting positions. It would not make sense for them to enter the combined entity consisting of ALDW and DK were it not for the opportunity to capture ALDW distributions. It is my belief that there were back-room discussions occurring between certain institutional investors in a laundering scheme designed to defraud the retail investor.

Keith Johnson, Delek's Vice President of Investor Relations, failed to follow up on my phone calls to his office prior to my finally being able to find him answering his phone. When I asked about the distributions in question, he told me there would be no further distributions. Asking how this could be the case, he reminded me that Delek is now in charge of all things formerly under the purview of ALDW. He added that this became the fact as of February 7th when the merger was officially declared finalized. I told him that this signing occurred well after the dates of coverage under our discussion. He said nothing more.

I then told him I believed it unlawful to blend assets or to back-date things so as to have them appear to be covered by the 2/7/18 signing. He said he'd have "legal" contact me about that. I've not heard back and doubt I will.

MLPs are required to distribute 90% or more of their gains to unitholders who are then taxed appropriately. I can only wonder if any tax on the massive gains incurred by Delek is even scheduled for recognition.

Finally, it seems to me that Delek has willfully chosen to disregard any and all obligations due (former) ALDW unitholders. For this reason I ask for your help in bringing this situation out into the open.
___________________________________________________
pete807, speaking out strongly in support of a person's belief system is never to become an object to be addressed as a rant. Rants typically are excursions away from reasonable assertions.

You, my wonderful friend, have hardly drifted away from a very important subject now under discussion on this board and, I'm sure, in our respective homes. Your position holds that we unitholders in what was formerly ALDW have been wronged as I'm sure we have, too. It is to be expected that we are justifiably angry. And certainly you've been right all along in expecting DK would pull this stunt.

Most investors probably would not squawk. There's an old saying about bending over. I'm thinking DK operatives had to have assumed we'd bend over with a smile on our cheeks. I'm not saying which set of cheeks. Now that DK's dastardly deed has been done, it is logical to assume management knew exactly how this would likely go down. And it may, indeed, unless enough of us band together and do all in our power to register our complaints. If we don't follow through on this, big business will continue to get away with devouring our money, our prosperity, our legal entitlements. Worst of all, I feel, is that we put ourselves on the line, taking chances as we have and while we survived handily, the fact remains that DK is engaged in a feeding frenzy hoping to devour us still further.

[pete807]

Ditto TNM
We are 100% in the right and we are not giving up the fight. You clearly stated the facts and issues so anyone reading can copy and paste it into the form. Just change the number of shares although in my case I din't tell them other than I was an investor. Even a concerned citizen with no units should be compelled to fight for us little guys. Too much corporate theft and greed driven ends justify means BS happens every day.

I told jugs I am more of a skeptic, so I agree in hoping others join us and help bring this up to actionable level in the SEC enforcement world FAST. BUT I can wait as long as it takes if we hear they are pursuing a legal case against DK.

DK is clearly aware and not afraid of the SEC, and I hope that too is a mistake!!!

rant over

[TNMopar]

Awesome! I hope everyone on here will submit a complaint to the SEC. Also, I hope it makes a difference. GLTA!

[jugs]

No way! You've done a fantastic job of putting all this together. I could not be more emphatic. In fact, because of your presentation I made major changes in my own offering.

We need your input. You've crystalized things for me, definitely. And I suspect you've made things easier for many others.

All I can say is thanks to you for caring enough to share yourself with others here in what has become our investment community.

As for not having had clarity as to which company is to be held accountable? At some point early in this difficult process I believe every one of us was unsure. Even I had to question myself! It was only when the dust began to settle that I realized that DK holds the reins as DK has the books and ALDW no longer exists.

Don't make apologies, please. You are valuable to us all.

[jugs]

You've nailed key points. I couldn't be happier with your input.

My comments go further in some respects but may not offer more than color.


We need to hear back from some others on this, imo.

[TNMopar]

ALDW didn't withhold our distributions. DK did. According to DK's IR idiot, the signing on 2/7/18 voids all DK responsibilities thereof. He did not say we need to go back to ALDW with our questions or complaints. lol

This is one reason I don't post here often. It's not my goal to get laughed at for my lack of understanding the exact intention.

[TNMopar]

Firm name Delek US Energy

Type of firm Public Company

Broker, Advisor, or Salesperson

Street address 7102 Commerce Way

Address (cont.)

City Brentwood

State/Province Tennessee

Zip/Postal code 37027

Country United States


Tell Us About Your Investment
Type of security Limited Parterships

Security symbol ALDW

Name of
Issuer or
Security

Below is the information I submitted in the "Tell Us About Your Complaint" area. I'm not sure it's completely accurate but it is as accurate as I understand the situation.

On Nov. 8th, 2017 Delek US (DK) announced it would be merging outstanding units of Alon Energy Partners (ALDW) into DK in an all stock arrangement of 1 unit of ALDW = 0.49 shares of DK. ALDW is a MLP which is a pass-through organization for taxes as well as profits through quarterly distributions for the limited partner unit holders. I was a limited partner unit holder in ALDW.

The intended merger announcement was coupled with 3rd quarter results and distribution announcement from ALDW on 11/8/17. ALDW had a very successful 3rd quarter and announced a somewhat mediocre distribution of $0.43/unit on 11/8/17.

The merger of Delek and ALDW closed on Feb. 7th, 2018.

After the Q3 distribution, there have been no further distributions from ALDW for Q4 and the partial quarter from Jan 1, 2018 until Feb. 7th, 2018.

On March 5th, 2018 I placed a call to Keith Johnson (DK investor relations 615-435-1366) to inquire about ALDW distributions for Q4 2017 and partial Q1 2018. He mentioned there would be no distributions for former ALDW holders.

I feel this in violation of the MLP law passed in 1986. While the limited partner unit holders in a MLP are tasked to shoulder the tax burden, we are also entitled to 90% of the earnings…which were never reported for the final 4 months of ALDW operation.

At the time of the merger close, I held 12,510 units of ALDW and received no distributions for Q4 2017 and partial Q1 2018 previous to the close of the merger (Oct. 1, 2017 through Feb. 7th, 2018). As limited unit partner, I am entitled to these funds.

It is my view that Delek US is in violation of SEC law in denying unit holders of ALDW distributions for Q4 2017 and partial Q1 2018. Please see below:

Rights of Holders of MLP Public Units. Each MLP Public Unit, upon being converted into the right to receive the Merger Consideration pursuant to this Section 2.1(c), shall cease to be outstanding and shall be canceled and retired and shall cease to exist, and each Holder of such MLP Public Units immediately prior to the Effective Time shall thereafter cease to be a limited partner of MLP or have any rights with respect to such MLP Public Units, except the right to receive the Merger Consideration and any distributions to which former Holders of MLP Public Units become entitled all in accordance with this Article II upon the Surrender of (A) a certificate that immediately prior to the Effective Time represented MLP Public Units (an “MLP Certificate”) or (B) uncertificated MLP Public Units represented by book-entry (“Book-Entry MLP Common Units”), together with such properly completed and duly executed Letter of Transmittal and such other documents in accordance with Section 2.2.

[pete807]

I think anyone following this debacle knows that ALDW declared an earning release date of Late February.. So like jugs states.... until DK came along there was every intent on informing us ALDW holders of the earnings and distribution.
Stay tuned and involved because we believe we have a great case for intentional harm here. SEC... we hope to see your teeth!!

[jugs]

ALDW didn't withhold our distributions. DK did. According to DK's IR idiot, the signing on 2/7/18 voids all DK responsibilities thereof. He did not say we need to go back to ALDW with our questions or complaints. lol

[jugs]

Hope I'm not waking anybody up from a peaceful sleep...

Just now learned that I can copy the Texas SEC complaint form onto a thumb drive and for a small fee Office Depot will print it out for me.

This will be done as quickly as possible.

Key points for your/our consideration remain:

1. Delek did not release any written guidance regarding the elimination of forward distributions affecting ALDW unitholders. Thus, the investing community would assume no changes until such time as the merger was completed with February 7th of 2018 being the final day of ALDW's stand-alone status. For this reason we unitholders expected distributions covering Quarter 4 of 2017 and a prorated Quarter 1 covering 2018.

2. Devastation wrought by Hurricane Harvey highlighted the increasing value of ALDW's assets as that company was not damaged by the storm. Analysts therefore had formed a very positive consensus in arriving at an unusually positive distribution expectation. ALDW is the only notable refiner in its geographical area of coverage and as recent SEC filings by Delek will substantiate, the refining segment proved highly accretive to the acquiring company (Delek) bringing about a 129% bottom line increase in Delek's bottom line for the past quarter..

3. We former ALDW unitholders held onto our positions solely for the opportunity to receive our distributions. Due to Delek's decision to recognize ALDW unitholders via a 0.49 conversion basis (2 units of ALDW to be represented by 1 share of DK), only the assumed ALDW distribution prevented unitholders from cashing out altogether as the rate of conversion was largely equal with only the distribution representing the difference.

4.There were institutional changes taking place in the closing several months of ALDW's existence covering October through December of 2017. Some of these involved adding units at a time when only distributions could have been responsible for driving the purchases. After all, both Delek and Alon Energy Partners were already matching stride on a daily basis inasmuch as it was made widely known that one would soon be acquired by the other on a two-for-one basis.

This begs the question: Were the involved institutional buyers in collusion with Delek so as to make things appear cleaner than they were? I'm betting that some institutions were setting themselves up to expand their book-running operations through back-room deals, thus sacrificing the distributions in lieu of juicier opportunities down the road.

5. It was only when I managed to connect with Keith Johnson, Delek's Investor Relations Vice President that I learned there'd be no more distributions. I'd called three times without a return call from his office. My last call got him on the phone at which time I asked about the distributions in question. He was not expecting my call and was clearly uncomfortable. Regaining his balance he told me there would not be any further distributions. He explained that ALDW no longer exists. I told him that the merger did not occur until February 7th of this year and my concern involved periods prior to the finalizing of the merger. I held my ground, informing him of my own IR background. I explained that the unusual gains recorded by DK were conspicuously the result of ALDW refining assets as admitted in the most recent Conference Call transcript, with 90% required by laws governing MLP status to be distributed to unitholders. I added that I doubted the MLP rules of operation had been abandoned by Delek until the very last moment as the ledgers would demonstrate DK's liability in terms of taxes owed. He stammered and finally told me he'd have "legal" et back to me. I've not been contacted yet.

6. I reminded MR. Johnson that Delek could not possibly have blended results of both affected companies without recognizing the imprudence of such unlawful action. Backdating paperwork is never an option as it effectively cheats our government of tax monies due.

7. MLPs routinely provide investors with guidance detailing distributions usually several weeks prior to establishing the date of record. A number of us former ALDW unitholders called the Investor Relations office because we had not received any information at all. ALDW always furnished participants with this information. Quarter 4 of 2017 marks the first time this was not the case. I'd been a unitholder from late 2014 forward and can attest to what had been ALDW's common practice. There had never been an issue until Delek came onto the scene, declaring that because the final papers were signed in 2018, therefor rules governing MLPs and ALDW's obligations ceased to exist. This amounts to back-dating.

__________________________

There you have it, from me, at least. My wife will proof it later today and I'll make changes as deemed reasonable. I also want your input before I submit my complaint. If I've omitted something, please tell me.

[pete807]

I also wasn't sure of some answers, like why if DK is in TN we would complain to Texas office of corporate governance... due to ALDW located in Texas.

I don't believe ALDW created or hd anything to do with the complaint I have, and I don't blame them. Right from the start I felt DK's greed. I look at DK and strongly believe they decided in a private board discussion to let the litigation begin, weighing the settlement cost against the actual earnings they owe us, and decided the settlement will be cheaper. JMO

I hope that helps us all point the finger squarely on current owner of the ALDW assets.... DK.

Lets see what lawyers have to say...
NEW YORK , Dec. 28, 2017 /PRNewswire/ -- Alon USA Partners, LP (ALDW) Lifshitz & Miller announces investigation into possible breaches of fiduciary duties.

[jugs]

This will be my #1 priority tomorrow.

Just my opinion here:

Delek failed to send notices to existing ALDW unitholders indicating that all distributions were to be canceled as of such-and-such date. This, then, would logically lead to one's assuming it's business as usual. I view it as deliberate fraud. Hurricane Harvey forced the shutdown of nearly all Houston, TX. refineries with the exception of ALDW which was not impaired at all. It was for this reason that the media painted glorious pictures of looming prosperity bringing unitholders to expect hellacious distributions for WE and Q4.

Q3 paid less than half the amount expected. Q4 was not only unpaid but there wasn't even any guidance explaining this. Nor was this year's non- payment addressed.

I'm still shocked. And disgusted.

How we feel is not worthy of inclusion on the complaint form. That there was no guidance at all is a key item inasmuch as variable MLPs ALWAYS declare their payout intentions or denial of same. After all, MLPs must hand out 90% of their profits. DK says they're not paying but I doubt they dissolved the MLP status of ALDW assets received prior to the February 7th signing.

These, I hold, are totally valid issues we need to stress. Pete807 will a lot to this, I'm sure, as will others.

[TNMopar]

Thanks Jugs. I certainly understand your sentiment. It's troublesome when a company acts dishonest. It's actually making me question my investment in DK. However, based on their outstanding results (in most part due to ALDW...in my opinion) it will be a profitable stock to own.

I think we all have a complaint to submit. For the federal form it appears it can be done online (as per Pete's link) My goal here is to make sure we have consistent header data when filing the complaint.

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=139043232

[jugs]

I haven't filled out the complaint form yet. Truthfully, I was depressed from this situation yesterday and it didn't seem to start lifting until this afternoon. This is such blatant disservice we've been dealt; and despite my many years of behind the scenes participation,
Wall Street's ugliest face was suddenly staring into my eyes.

Question: Can the complaint form be emailed or must it go via snail mail?

If it can be emailed, then I'll share critical content tomorrow.

My printer is not functional, therefore the problem.

Other question: Are we filling out both Federal and State complaint forms? I think it would be wise to do so.

For what it's worth, I'm of the opinion that Delek deliberately sought to lead investors on by failing to inform us regarding their decision regarding the final two distributions.

DK had published a statement from the Chairman, CEO and President Uzi to the effect that Q4 distribution and a prorated Q1 for 2018 would indeed be paid. I spent hours yesterday and today searching for that statement. It has been yanked.

I am angry and must calm my nerves before working up my complaint arguments. I look forward to finding my questions answered.

Thank you, everybody.

[TNMopar]

Yes, the more reason we need to be consistent in filling in the data tags of the form. Can you elaborate on the rest of the data you used in the form so we'll have a record of it here and a resource for all others to complete their complaint.

Thanks.

[jugs]

ALDW no longer exists.

Delek has taken title to all aspects of what was formerly ALON ENERGY USA. Our complaint is based on our dissatisfaction with DK's handling of obligations.

It is important to note that DK made no effort whatsoever to notify ALDW holders there would be no distributions vfor the company's final two quarters. I'm certain many investors started or added to positions in anticipation of a juicy couple of payouts.

[TNMopar]

Pete, thanks for the link. It may be good to post on here what goes into the fields of the form as I'm sure each field lands up somewhere in the database. The more uniform we can have the fields the better it will show up in the database for us. I, for example, am actually a little unsure if the Firm Name I have a complaint against is ALDW or DK (who took ALDW over)...probably ALDW...but want to make sure all of us get it right. Thanks.


Tell Us About the Firm or Individual You Have a Complaint Against

Firm name

Type of firm

Broker, Advisor, or Salesperson

Street address

Address (cont.)

City

State/Province

Zip/Postal code

Country


Tell Us About Your Investment

Type of security

Security symbol

Name of
Issuer or
Security

[jugs]

You couldn't do more and you have nothing to gain but the knowledge that you've stepped forward.

We are in your debt.

As the song goes,

"Brother, can you spare a dime?"

Or, better still,

"He's my brother."

Maybe you'll be seen as a "Knight in White Satin?"

I'm waiting for the SEC to haul their asses up before the judge, telling the Court Clerk,.....

"Bring in the Clowns"

But what do I know I'm just a "Yankee Doodle Dandy" behaving like a

"Turkey in the Straw."

My critters are braying and nickering so I'd better get them some hay pronto. Like that great 1950's tune goes,

"Little Things Mean A Lot."

[Topfuel]

I put one in for you guys this morning, When I clicked submit, I watched what was going on and I seen sales force interaction taking place, this software generates incident numbers for tracking and open cases, (I just know that from were I work), so it looks like you are now building a database of complaints. Good luck all

[jugs]

A key factor for me in this stems from DK's disregarding ALDW unitholder interests. Sure, we benefitted by the decision to award the 0.49% of a DK share in exchange for each ALDW unit. But anybody buying shares of DK would be coming out as well as us---and without having stuck around with our money locked up in anticipation of forthcoming distributions.

This is such poor treatment!

I posted my argument over at the Yahoo! board. Should be interesting to see if anyone else is aroused.

[pete807]

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[pete807]

I just checked. I see now that when I was done and hit "submit form" at the bottom, it must have gone off into cyberspace. Anyone else here can follow the link like you on that page and go through the work of filing a complaint....

DK must think they were in total control of the numbers since ALJ mid summer 17 merger. They quit reporting ALJ then. I stated to Kate at the SEC that since the law was passed in 1986, companies ithat qualified for MLP status to save on taxes... were required to report earnings and distribute at least 90% of free cash flow to the limited partner unit holders. I detailed what happened and I will follow up with their office and the Texas compliance office as well.

This must be a calculated plan to deal with complaints and lawyers after they are dragged into it. I can't believe they don't know the requirements of their reporting, and will claim the ALDW numbers were included in the DK report in February.

DK did not own 100% on Oct 1st 2017-Feb 7th, 2018 and they fudged the numbers imo. Guess we will see but I thought the NTI deal years ago couldn't be topped for legal corruption,... Maybe I was wrong! Hope not.