Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
Let's hope that monies (approximately $149K) from the block sale of 41,292,479 shares to a group in NYC are not being used to pay off any debt. Or that the 52 million shares that were transferred to Total Care will not be used for any purposes that are not in the best interest of all of the shareholders of Michelex. Fortunately, the days of Mr. Saleem controlling Michelex are numbered.
Approximately 15 Million Shares. Yes, you read that correctly. However, we will collect as many as we can get to make sure that we have a very comfortable cushion.
Sincerely,
Dino A. Sawyer
Dear Fellow Shareholders:
We are rapidly closing in on having 500 Hundred Million + 1 shares. I was hoping that the shareholder who would put us over the top would be someone who either reads or posts to this board. If you would like to be that person, please contact me asap. My guess is that you only have a day or so before that opportunity ceases to exist.
Sincerely,
Dino A. Sawyer
savemichelex@gmail.com
mugs57 wrote: since he has lost all shareholder trust he needs to step down if he has a brain cell in his head so he doesn't destroy the value of the shares he does own.
That about sums it up, doesn't it? Thanks for providing a good laugh in the midst of this disaster!
Messrs. Lacle, Saleem and Syed will be removed via legal shareholder action utilizing proxies. They had a fool-proof plan, but they failed to implement it. They assumed that they could do whatever they wanted because they held the majority of shares that are eligible to vote for the Board of Directors. Unfortunately for them, and fortunately for the shareholders of Michelex, they were too inept, or too preoccupied dreaming up various schemes, to take the requisite actions that would have provided them with the majority of eligible votes.
I think it is quite clear, self-evident in fact, that creating shareholder value for all shareholders is not the number one concern of Messrs. Lacle, Syed and Saleem; it probably doesn't even make their top 100 list of concerns.
OTC Markets: Investors Information — Investor Protection/Regulation
Who is Protecting You?
The OTC market and broker-dealers’ activities in the market are regulated by The Financial Industry Regulatory Authority (FINRA), the U.S. Securities and Exchange Commission (SEC) and various state securities regulators. In addition, companies with SEC-registered securities are regulated by the SEC. OTC Markets Group does not regulate the OTC marketplace. It is neither a stock exchange nor self-regulatory organization (SRO) and is not itself regulated by FINRA or the SEC.
Actually, there is plenty that we can do. Once we remove Messrs. Lacle, Sayed and Saleem from the Board of Directors, we will then remove them from their positions as officers of Michelex.
Although stocks that trade on the OTC Market as Pink Sheet stocks are not required to file, there is nothing preventing them from doing so. If the company is actually legitimate, and if the company wants to attract additional investors, it makes sense for that company to voluntarily file forms with the SEC using EDGAR. In addition, filing using EDGAR makes it easier for the company to move to the OTCBB or a listed exchange.
As I noted in a recent post:
I assume that all of you know that the pool of potential investors for an OTCBB stock is much smaller than the potential pool of investors for NYSE/AMEX securities. The pool of potential investors for OTC Pink stocks is much less than for OTCBB listed companies.
As you know, less demand for a good (e.g., shares of a company's stock) means a lower price.
I was shocked to discover the following information on the OTC Markets websites:
OTC Disclosure & News Service
96.5% of OTC dollar volume takes place in securities with current information available.
and
Less than 1% of total OTC dollar volume takes place in securities categorized as OTC Pink No Information.
Shareholders don't need to involve the SEC. We don't need their assistance. The shareholders can solve the problem. Please remember that Michelex is a public company, and as such, it is the shareholders who determine who should run our company on our behalf.
The best way to ensure that the SEC is not involved, is to replace the existing Board of Directors with a BOD that is committed to transparency. Putting out Final Draft Audits and trying to pass them off as legitimate verification of assets is one way to draw unwanted attention. As is disconnecting the phone lines and not communicating with shareholders. As is putting out PR's that might induce someone to purchase stock when you know that you are making material representations that are false.
So, if you don't want the SEC involved, the very first thing that you should do is make sure that you remove the members of the Board of Directors who created this mess!
Then you start the process of becoming a legitimate company that is transparent, releases signed final audits and start to take the steps that are necessary to work your way up the OTC PINK classification. The shareholders did not create the following, the Board of Directors and Officers of the company created the following:
For those who have yet to contact me, please do so. If you do not want your shares to remain worthless, and if you do not want to be duped again with the latest scam that is being cooked up, you need to be pro-active and do something about it. I know there's at least another 59 million shares that can be pledged from posters to this board. That's all we need. However, as noted, we are just starting to contact all large shareholders. Yes, that is correct, without making any phone calls or mailings, we already have 441 million shares.
Sincerely,
Dino A. Sawyer
savemichelex@gmail.com
blakethegr8,
I am glad that you will be supporting your fellow shareholders in an effort to save Michelex, though I wish it wasn't necessary. I am confident that we will be successful and that Michelex, via Pristine Pharma Corporation, will at least have an opportunity to succeed. I cannot guarantee that even with a new Board of Directors and new corporate officers that Michelex will ultimately be successful. However, there's only one way to find out; remove the existing board and replace them with individuals who believe in transparency and providing Pristine Pharma Corporation with timely and sufficient funding.
Thanks again for your support. I will continue to provide updates on the I-Hub board.
Please feel free to contact me if you ever have any questions, and please encourage other shareholders to join our effort.
Sincerely,
Dino A. Sawyer
savemichelex@gmail.com
PS... And please send me an email w/ your name and sharecount!
Interesting. When I first heard about it, I assumed that it was the same person as it seems to fit quite well with everything else that is known (e.g., Medscan BK, Bergenline Diagnostics BK, disconnected phones at Michelex, no proof of Michelex' assets, transfer of 52 million Michelex shares to Total Care, private sale of 41 million shares of Michelex that netted Mr. Saleem approximately $149,000,000).
Just curious if any shareholders have sold $149,000 worth of Michelex stock recently? Or transferred 52 million shares to a 'charity' that is in their name? How many of you have received emails from Mr. Saleem claiming that he hasn't traded 'extensively'? I have, and once again, the truth and Mr. Saleem seem to go together like water and oil.
Mr. Saleem in response to shareholder today:
Feel free to ask anything.
It appears that our CEO, Mr. Sabir Saleem, is the same Sabir Saleem referenced earlier today regarding telemarketing fraud. He claims that he was found to have done nothing wrong and the fine was reversed. I’ve appended the final rulings that appear on the record and will let you draw your own conclusions.
---------- Forwarded message ----------
From: Sabir Saleem <sabirsaleem@totalcare.us.com>
Date: Mon, Jan 2, 2012 at 5:12 PM
Subject: Re: Please confirm...
To: XXX
Yes. I was a defendant, and No.
No because in the final order I was not found to have done anything wrong. The fine was also reversed.
Feel free to ask anything.
Happy New Year!
You did send me your phone number, seems I did not note it, could you please send it again.
________________________________________
From: XXX>
Date: Mon, 2 Jan 2012 16:32:41 -0600
To: Sabir Saleem<sabirsaleem@totalcare.us.com>; <alacle@keymanagementgroup.com>; <albert@albertlacle.com>; <dnr@delshah.com>; <msyed@syedpc.com>
Subject: Please confirm...
Dear Mr. Saleem,
Can you please confirm or deny whether you are the defendant (Sabir Saleem) listed in the below FTC complaints for defrauding consumers?
I'm sure my fellow shareholders will get the appropriate documents within the next 48 hours, but since you have a new-found desire to be transparent, I thought I would ask you directly. We would greatly appreciate an answer.
I've copied your known associates in the event they wanted to comment.
Please reply with a simple "Yes" or "No". Shakespeare says brevity is the soul of wit...
http://www.ftc.gov/opa/1996/03/wind.shtm
http://www.ftc.gov/opa/1996/10/genisis.shtm
http://www.thefreelibrary.com/GOVERNOR%27S+OFFICE+OF+CONSUMER+AFFAIRS%27+TELEMARKETING+INVESTIGATION...-a018104097
Thank you in advance for your co-operation.
Sincerely,
XXX
================================
09/30/1997 165 FINAL JUDGMENT & ORDER FOR PERMANENT INJUNCTION by Judge Frank M. Hull GRANTING [145-1] motion for summary judgment against dfts Wholesale Capital Corporation, Sarfraz Tariq & Sabir Saleem. ORDERED that Judgment in the amount of $12,693,401 is entered in favor of the Federal Trade Commission against Defendants Wholesale, Tariq & Saleem, jointly & severally. (See order for complete details) (cc) (rag) (Entered: 10/01/1997)
09/30/1997 Case terminated. (pa) (Entered: 10/03/1997)
10/06/1997 SUBMITTED to Judge Robert L. Vining Jr. on [162-1] third application for interim compensation, [163-1] third application for interim compensation, [164-1] third application for interim compensation (rag) (Entered: 10/06/1997)
10/10/1997 166 ORDER by Judge Robert L. Vining Jr. APPROVING [162-1] application for interim compensation by Robert L. Coley, APPROVING [163-1] application for interim compensation by Ragsdale, APPROVING [164-1] application for interim compensation by Paul Jones & Co., (cc) (rag) (Entered: 10/15/1997)
11/26/1997 167 NOTICE OF APPEAL by Wholesale Capital, Sarfraz A. Tariq from [165-1] order (mmw) (Entered: 12/04/1997)
12/04/1997 Notice of appeal and certified copy of docket to USCA RE: [167-1] appeal (mmw) (Entered: 12/04/1997)
12/15/1997 USCA appeal fees received $ 110.00 (mmw) (Entered: 12/17/1997)
12/16/1997 Acknowledgment by USCA regarding appeal [167-1] USCA dkt no. 97-9335 (djh) (Entered: 12/29/1997)
12/17/1997 Received returned copy of notice of appeal intended for Mega Magazines, Inc. "not deliverable as addressed". (mmw) (Entered: 12/18/1997)
01/12/1998 168 NOTICE OF APPEAL by Sabir Saleem from [165-1] order (mmw) (Entered: 01/13/1998)
01/13/1998 Notice of appeal and certified copy of docket to USCA RE: [168-1] appeal (mmw) (Entered: 01/13/1998)
01/22/1998 Acknowledgment by USCA regarding appeal pkt [168-1] USCA dkt no. 97-9335 (epm) (Entered: 01/26/1998)
02/03/1998 Received returned copy of [168-1] Court of Appeals appeal addressed to Mega Magazines. (mmw) (Entered: 02/03/1998)
02/06/1998 USCA appeal fees received $ 105.00 USCA dkt no. 97-9335 (mmw) (Entered: 02/06/1998)
08/12/1998 169 Certified copy of ORDER of USCA RE: Appeal [168-1] is DISMISSED as to Sabir Saleem for lack of jurisdiction. USCA dkt no. 97-9335 cc (bj) (Entered: 08/17/1998)
09/08/1998 170 FORTH & FINAL APPLICATION by Paul A. Jones & Co. for compensation (to RLV). (esw) (Entered: 09/14/1998)
09/08/1998 171 Final Report by receiver, Robert L. Coley. (esw) Modified on 09/17/1998 (Entered: 09/14/1998)
10/08/1998 172 Certified copy of ORDER of USCA RE: Appeal [167-1] is DISMISSED for failure to prosecute. USCA dkt no. 97-9335 (aet) (Entered: 10/13/1998)
10/22/1998 173 ORDER by Judge Richard W. Story: attys Ragsdale, Beals, Hooper & Seigler be allowed and paid atty's fees in the amount of $2,186.00 and reimbursement of expenses totalling $164.00 for services rendered, that Paul A. Jones, CPA, be allowed and paid accountant's fees of $2,980.00 and $112.36 expenses, Receiver is authorized to dispose of the computer and records of the dfts (cc) (pdw) (Entered: 10/23/1998)
08/02/1999 174 ORDER by Judge Richard W. Story, sealed material is to be returned to the submitting party (cc) (pdw) (Entered: 08/04/1999)
08/04/1999 Sealed doc return letter per [174-1] order to atty for dft Matthew Mizell, Richard Capriola, re: docs #82 & #88; to atty for Robert Coley, John Ragsdale, re: doc #138; to atty for dft Philip Dill, Sharon Cole re: doc #95 (pdw) (Entered: 08/04/1999)
08/09/1999 Acknowlegement of receipt of [174-1] order by Richard Capriola, atty for dft Mizell, w/consent to return sealed documents (#82 & #88) by regular mail; docs #82 & #83 returned to atty Capriola by regular mail (pdw) (Entered: 08/09/1999)
08/09/1999 Sealed documents [82-1] affidavit & attachment to [88-1] affidavit returned to atty Richard Capriola by regular mail (pdw) (Entered: 08/09/1999)
08/11/1999 Sealed doc return letter from John Ragsdale, atty for Robert Coley, w/consent to have document ([138-1]) returned by regular mail (pdw) (Entered: 08/17/1999)
08/17/1999 [138-1] notice of filing (filed under seal) returned to atty John Ragsdale by regular mail (pdw) (Entered: 08/17/1999)
11/02/1999 Affidavit of Philip E. Dill (filed under seal w/[95-1] motion to file affidavit under seal) returned to atty Sharon Cole per [174-1] order, cmrrr. (pdw) (Entered: 11/02/1999)
12/14/1999 Acknowledgment of receipt of sealed materials by atty John W. Ragsdale. (pdw) (Entered: 12/15/1999)
05/02/2002 Plaintiff's exhibits from preliminary injunction hearing(s) destroyed pursuant to LR 79.1D(2). (jwe) (Entered: 05/02/2002)
PACER Service Center
Transaction Receipt
01/02/2012 14:59:20
PACER Login: XXX Client Code:
Description: Docket Report Search Criteria: 1:96-cv-00615-FMH
Billable Pages: 20 Cost: 1.60
Well, first things first. It's in our best interest to remove Messrs. Lacle, Saleem and Sayed because they are the ones who created this disaster, and they surely are not the ones to save Michelex going forward. That would be analogous to a contractor burning someone's house down and then offering to build them a new one!
I believe everyone is in favor of replacing the miscreants and then filing lawsuits while also providing information to relevant authorities with the hope that jail time would be served.
If Michelex is transparent, if Michelex is an example of shareholders taking control to 'right a wrong', one would hope that the SEC would not have reason to bother Michelex. Heck, they should laud shareholders for taking appropriate action. JMO.
A note of correction: It's not my approach, it's the approach of many investors who have pledged over 425 million shares.
There's one group of people who want to save Michelex and do everything possible to make it a profitable and transparent company. There's another group, a very, very small group of people who love the status quo. Look at your statements and decide which group you are a part of. Review what transpired over the past year or so and decide if you want more of the same: disconnected phones, draft audits being pawned off as final, no verification of funds, CEO of Pristine claiming that he never received the funding that was touted in PR's, the list goes on and on and on.....
I know of many investors who will contact the SEC in a heartbeat if Messrs. Lacle, Saleem and Syed are not removed, and there's nothing I can do to stop them. However, the SEC has many tools available and Michelex would not necessarily be dead, they might just deal with those who need to be dealt with.
Much more preferable just to remove them, isn't it? Fortunately, that should occur very soon. If the SEC or the State of Utah Attorney General’s Office and Department of Commerce want to go after them, not Michelex, that's fine with me.
For those who dread SEC involvement, the surest way to prevent any adverse impact to Michelex is to replace the current BOD with a board that is committed to transparency. Transparent companies that don't defraud investors are way, way down on the list of companies that the SEC goes after. In fact, they probably are not even on the list.
Well, some enterprising shareholder went directly to the source:
============================
5:32 PM (9 minutes ago)
to Sabir, alacle, albert, dnr, msyed, bcc: me
Dear Mr. Saleem,
Can you please confirm or deny whether you are the defendant (Sabir Saleem) listed in the below FTC complaints for defrauding consumers?
I'm sure my fellow shareholders will get the appropriate documents within the next 48 hours, but since you have a new-found desire to be transparent, I thought I would ask you directly. We would greatly appreciate an answer.
I've copied your known associates in the event they wanted to comment.
Please reply with a simple "Yes" or "No". Shakespeare says brevity is the soul of wit...
http://www.ftc.gov/opa/1996/03/wind.shtm
http://www.ftc.gov/opa/1996/10/genisis.shtm
http://www.thefreelibrary.com/GOVERNOR%27S+OFFICE+OF+CONSUMER+AFFAIRS%27+TELEMARKETING+INVESTIGATION...-a018104097
Thank you in advance for your co-operation.
Sincerely,
XXX
One must draw their own conclusions. However, shareholders who currently control the voting rights to 421 million shares of Michelex stock believe that it is best to remove the current board of directors. One would imagine that the new BOD, having a fidiuciary responsibility to the shareholders, would take all appropriate actions in order to recoup assets and/or support the prosecution of those who might be charged with crimes that materially harmed Michelex and its shareholders.
Many shareholders, currently controlling the voting rights to 421 million shares of Michelex stock, are doing everything possible to ensure that Michelex is a viable company that will at least have an opportunity to create shareholder value for all of its stockholders, not just a few who might be 'ethically challenged.'
Easiest solution, contact every person who you know who is a shareholder of Michelex and tell them that their proxy votes might be the one to put us over the 500,000,001 mark. We are already at 421,464,302 and we haven't even sent out our proxies. Mr. Saleem and his enablers (Messrs. Shaw and Lacle) will be removed very, very soon.
What we know about Sabir Saleem, member Michelex Board of Directors and acting CEO and Chairman of Michelex:
Controlled two companies that recently filed for bankruptcy. Both cases can be looked up using PACER (Public Access to Court Electronic Records).
Public Access to Court Electronic Records (PACER)
Select the U.S. Bankruptcy Court District of New Jersey and use the following case numbers (this information has already been posted, but for those who want to spend the money and verify for themselves, have at it):
01-42711
09-14459
Please note that charges may apply.
01-42711-MS Medscan, LLC
Case type: bk Chapter: 11 Asset: Yes Vol: v Judge: Morris Stern
Date filed: 11/21/2001 Date of last filing: 06/02/2008 Plan confirmed: 05/23/2007
Date terminated: 06/02/2008
09-14459-MS Bergenline Diagnostic Imaging, Inc.
Case type: bk Chapter: 11 Asset: Yes Vol: v Judge: Morris Stern
Date filed: 02/25/2009 Date of last filing: 07/13/2009
Debtor dismissed: 07/02/2009
Date terminated: 07/13/2009
IMO, if that's what it will take to protect shareholders, so be it. However, I believe they will be removed via shareholder action very, very soon and the SEC will only become involved in regards to charging individuals with committing securities fraud. Hopefully, Michelex will be left alone because the shareholders of Michelex took action to ensure that Michelex was a transparent company that was focused on creating shareholder value.
09/30/1997 165 FINAL JUDGMENT & ORDER FOR PERMANENT INJUNCTION by Judge Frank M. Hull GRANTING [145-1] motion for summary judgment against dfts Wholesale Capital Corporation, Sarfraz Tariq & Sabir Saleem. ORDERED that Judgment in the amount of $12,693,401 is entered in favor of the Federal Trade Commission against Defendants Wholesale, Tariq & Saleem, jointly & severally. (See order for complete details) (cc) (rag) (Entered: 10/01/1997)
Defendant
Sabir Saleem
Individually represented by Sabir Saleem
c/o Cotton Fair
297 E. Post Road
Cos Cob, CT 06807
U.S. District Court
Northern District of Georgia (Atlanta)
CIVIL DOCKET FOR CASE #: 1:96-cv-00615-FMH
Federal Trade Comm v. Windward Marketing, et al
Assigned to: Judge Frank M. Hull
Demand: $0
Case in other court: 97-09335
97-09335
USCA 11th Circuit, :97--09335
Cause: 15:0045 Federal Trade Commission Act
Date Filed: 03/12/1996
Date Terminated: 09/30/1997
Jury Demand: Defendant
Nature of Suit: 690 Forfeit/Penalty: Other
Jurisdiction: U.S. Government Plaintiff
Plaintiff
Federal Trade Commission represented by David M. Torok
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
202-326-2222
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Katharine B. Alphin
Federal Trade Commission
Atlanta Regional Office
225 Peachtree Street
Suite 1500
Atlanta, GA 30303-1729
404-656-1362
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Windward Marketing, LTD
a Georgia Corporation represented by Debra A. Wilson
Schreeder Wheeler & Flint
1100 Peachtree Street, NE
Suite 800
Atlanta, GA 30309
404-681-3450
Email: DWilson@swfllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John W. Ragsdale , Jr.
Ragsdale Beals Hooper & Seigler
229 Peachtree Street, N.E.
2400 International Tower
Atlanta, GA 30303-1629
404-588-0500
Email: billier@rbhs-llp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
Schreeder Wheeler & Flint, LLP
Suite 800
1100 Peachtree Street, NE
Atlanta, GA 30309-4516
404-681-3450
Fax: 404-681-1046
Email: lburnat@swfllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Gensis Marketing & Administration, Inc.
a Georgia Corporation represented by Sharon A. Cole
Office of Sharon A. Cole
P.O. Box 941021
3314-C Northcrest Road
Atlanta, GA 30341
404-939-5441
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Crestwood Enterprises, Inc.
a Georgia Corporation represented by Steven M. Kushner
Fellows La Briola, LLP
225 Peachtree Street, N.E.
South Tower, Suite 2300
Atlanta, GA 30303-1731
404-586-9200
Email: skushner@fellab.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Wholesale Capital Corporation
a New Jersey Corporation represented by Colette Resnik Steel
The Steel Law Firm
1800 Peachtree Street, N.W.
Suite 300
Atlanta, GA 30309
404-605-0023
Email: thesteellawfirm@msn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven B. Lieberman
Bowers Murphy Lieberman Amitrani & Lombo
55 North Gaston Avenue
Somerville, NJ 08876
TERMINATED: 07/12/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Mega Magazines, Inc.
a Georgia Corporation, All of the above-named corporations doing business as:
other
Wholesale Magazine
other
Premium Magazine
other
Magazine Express
other
Magazines Unlimited
other
Magazines of America
other
Magazines Limited
other
Magazine Distributors of America represented by Mega Magazines, Inc.
c/o Randolph Rodriquez
Apt. Q-8
4233 Jonesboro Rd.
Forest Park, GA 30325
PRO SE
Defendant
Ronald "Ronny&quo Pepper
Individually and as an officer of Windward Marketing, Ltd. represented by Debra A. Wilson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sharon A. Cole
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Philip Edward Dill
Individually and as an officer of Genisis Marketing & Administration, Inc. represented by Sharon A. Cole
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Matthew Corbitt Mizell, Jr.
Individually and as an officer of Crestwood Enterprises, Inc. represented by Michael Weinstock
Weinstock & Scavo
3405 Piedmont Road, NE
300 Lincoln-Piedmont Building
Atlanta, GA 30305-1741
404-231-3999
Email: mweinstock@wslaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard John Capriola
Winter Capriola Zenner, LLC
Suite 800
One Securities Center
3490 Piedmont Road NE
Atlanta, GA 30305
404-844-5700
Fax: 404-844-5637
Email: rcapriola@wslaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Sarfraz A. Tariq
Individually and as an officer of Wholesale Capital Corporation represented by Colette Resnik Steel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven B. Lieberman
(See above for address)
TERMINATED: 07/12/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Sabir Saleem
Individually represented by Sabir Saleem
c/o Cotton Fair
297 E. Post Road
Cos Cob, CT 06807
PRO SE
Jay Lester Strongwater
Strongwater & Associates, LLC
Suite 1250, Two Midtown Plaza
1349 West Peachtree Street
Atlanta, GA 30309
404-872-1700
Fax: 404-881-8040
Email: jls@strongh2o.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Leeza Rhee Cherniak
Law Offices of Leeza Cherniak
1800 Peachtree Street
Suite 300
Atlanta, GA 30309
404-355-3031
Email: lrcpacer@aol.com
LEAD ATTORNEY
Defendant
Kent L. Holbrook
Movant
Paul A. Jones & Co.
as Accountant for Receiver represented by John W. Ragsdale , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Movant
Ragsdale, Beals, Hooper & Sigler
as Attorneys for Receiver represented by John W. Ragsdale , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Receiver
Robert L. Coley represented by John W. Ragsdale , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Sabir Saleem represented by Jay Lester Strongwater
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Leeza Rhee Cherniak
(See above for address)
LEAD ATTORNEY
V.
Counter Defendant
Federal Trade Commission represented by David M. Torok
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Katharine B. Alphin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Windward Marketing, LTD represented by Debra A. Wilson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John W. Ragsdale , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Gensis Marketing & Administration, Inc. represented by Sharon A. Cole
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Crestwood Enterprises, Inc. represented by Steven M. Kushner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Ronald "Ronny&quo Pepper represented by Debra A. Wilson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sharon A. Cole
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Philip Edward Dill represented by Sharon A. Cole
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Sarfraz A. Tariq represented by Steven B. Lieberman
(See above for address)
TERMINATED: 07/12/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Claimant
Matthew Corbitt Mizell, Jr.
TERMINATED: 08/08/1996 represented by Michael Weinstock
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard John Capriola
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Cross Defendant
Windward Marketing, LTD
TERMINATED: 08/08/1996 represented by Debra A. Wilson
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John W. Ragsdale , Jr.
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Gensis Marketing & Administration, Inc.
TERMINATED: 08/08/1996 represented by Sharon A. Cole
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Ronald "Ronny&quo Pepper
TERMINATED: 08/08/1996 represented by Debra A. Wilson
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sharon A. Cole
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Philip Edward Dill
TERMINATED: 08/08/1996 represented by Sharon A. Cole
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Claimant
Matthew Corbitt Mizell, Jr.
TERMINATED: 08/08/1996 represented by Michael Weinstock
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard John Capriola
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Cross Defendant
Windward Marketing, LTD
TERMINATED: 08/08/1996 represented by Debra A. Wilson
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John W. Ragsdale , Jr.
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Gensis Marketing & Administration, Inc.
TERMINATED: 08/08/1996 represented by Sharon A. Cole
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Ronald "Ronny&quo Pepper
TERMINATED: 08/08/1996 represented by Debra A. Wilson
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sharon A. Cole
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Philip Edward Dill
TERMINATED: 08/08/1996 represented by Sharon A. Cole
(See above for address)
TERMINATED: 08/08/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Wholesale Capital Corporation represented by Steven B. Lieberman
(See above for address)
TERMINATED: 07/12/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Sarfraz A. Tariq represented by Steven B. Lieberman
(See above for address)
TERMINATED: 07/12/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Counter Defendant
Federal Trade Commission represented by David M. Torok
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Katharine B. Alphin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Claimant
Wholesale Capital Corporation represented by Steven B. Lieberman
(See above for address)
TERMINATED: 07/12/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Claimant
Sarfraz A. Tariq represented by Steven B. Lieberman
(See above for address)
TERMINATED: 07/12/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Cross Defendant
Windward Marketing, LTD represented by Debra A. Wilson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John W. Ragsdale , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Gensis Marketing & Administration, Inc. represented by Sharon A. Cole
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Ronald "Ronny&quo Pepper represented by Debra A. Wilson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence S. Burnat
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sharon A. Cole
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Philip Edward Dill represented by Sharon A. Cole
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
03/12/1996 1 COMPLAINT filed summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. (pa) (Entered: 03/18/1996)
03/12/1996 2 EX PARTE MOTION by pla for temporary restraining order with brief in support, exhibits I thru IV & proposed order. (pa) Modified on 04/02/1996 (Entered: 03/18/1996)
03/12/1996 3 Notice of filing recommendation for temporary receiver by pla. (pa) (Entered: 03/18/1996)
03/12/1996 4 MOTION by pla to file papers under seal with brief in support & proposed order. (pa) (Entered: 03/18/1996)
03/12/1996 5 ORDER GRANTING motion to temporarily file papers under seal by Federal Trade Comm [4-1] & ORDERING that the entire file is under seal until 3/15/96 at 2:30 unless extended by the Court & Setting Hearing on motion for temporary restraining order by Federal Trade Comm [2-1] 3/14/96 at 2:30 by Judge Frank M. Hull. cc/ (pa) (Entered: 03/18/1996)
03/12/1996 6 ANSWERS TO MANDATORY INTERROGATORIES by Federal Trade Comm (pa) (Entered: 03/18/1996)
03/12/1996 7 MOTION for admission of atty David M. Torok pro hac vice with consent of local cnsl. To:FMH (pa) (Entered: 03/18/1996)
03/12/1996 8 ORDER for temporary restraining order dfts are directed to appear to show cause at Hearing set for 2:30 3/14/96, . Court retains jurisdiction of this matter for all purposes. (see order for details) by Judge Frank M. Hull. cc/ (pa) Modified on 03/25/1996 (Entered: 03/22/1996)
03/12/1996 ORDER endorsed on motion, GRANTING motion for admission of atty David M. Torok pro hac vice [7-1] by Judge Frank M. Hull. cc/ (pa) (Entered: 03/25/1996)
03/14/1996 9 ORDER Setting Hearing on motion for TRO [1-1] on 3/19/96 at 12:30 A hearing will be set on 5/2/96 on pla's motion for prel Inj. See order for details, by Judge Frank M. Hull. cc/ (pa) (Entered: 03/22/1996)
03/14/1996 HEARING HELD before Judge Frank M. Hull. Court heard from parties re scheduling of hearing. Order, filed & given to parties & cnsl present. Copy of order sent by telecopier to Steven Liberman who was not present, but represents dft Tariq. (pa) (Entered: 03/25/1996)
03/18/1996 10 Additional Exhibits by pla in support of motion for temporary restraining order by Trade Comm [2-1] (pa) Modified on 03/25/1996 (Entered: 03/18/1996)
03/18/1996 11 MOTION by dfts Pepper & Dill for protective order with brief in support. (pa) Modified on 03/25/1996 (Entered: 03/19/1996)
03/18/1996 12 Affidavit of Ronny J. Pepper. (pa) Modified on 03/25/1996 (Entered: 03/19/1996)
03/18/1996 13 Affidavit of Phillip Dill. (pa) Modified on 03/25/1996 (Entered: 03/19/1996)
03/18/1996 14 Affidavit of Kent L. Holbrook. (pa) Modified on 03/25/1996 (Entered: 03/19/1996)
03/18/1996 15 Affidavit of Deborah Alston. (pa) Modified on 03/25/1996 (Entered: 03/19/1996)
03/18/1996 16 Affidavit of Steven W. Ludwick. (pa) Modified on 03/25/1996 (Entered: 03/19/1996)
03/18/1996 17 Notice of Filing & Affidavit of Matthew Corbitt Mizell. (pa) Modified on 03/25/1996 (Entered: 03/19/1996)
03/18/1996 18 Affidavit of Sabir Saleem (pa) (Entered: 03/25/1996)
03/19/1996 Steno notes of proceedings held 3/19/96 before Judge Frank M. Hull , by Court Reporter Dennis J. Reidy. (pa) (Entered: 03/19/1996)
03/19/1996 HEARING HELD before Judge Frank M. Hull. Court heard from parties regarding modifications of TRO, Ct. directed prevailing parties to reduce all her rulings to writing and one order would be produced. Order ext TRO for good cause & notice of hearing on prel inj set for 3/27/96, 11:30 filed. Order sent to cnsl by fax. Other order to be filed upon review & comment by all cnsl. (pa) (Entered: 03/25/1996)
03/19/1996 19 ORDER extending time for Temporary Restraining Order thru 4/1/96 at 9:41 am , Setting Hearing on 3/27/96 at 11:30 (see order for details) by Judge Frank M. Hull. cc by fax (pa) (Entered: 03/25/1996)
03/21/1996 20 Appearance of atty John W. Ragsdale as RECEIVER for Windward Marketing, LTD with Surety Bond. (pa) Modified on 03/27/1996 (Entered: 03/27/1996)
03/21/1996 Proposed Order for TRO & to Show Cause by pla Trade Comm. (pa) (Entered: 04/02/1996)
03/22/1996 Case UNSEALED pursuant to order [5-1] per Judge Frank M. Hull. (pa) (Entered: 03/25/1996)
03/22/1996 21 Attorney appearance for Windward Marketing, Ronald "Ronny" Jay Pepper by Lawrence S. Burnat. (pa) (Entered: 03/27/1996)
03/25/1996 22 Affidavit of Deborah Hugley Alston. (pa) (Entered: 03/27/1996)
03/25/1996 23 Affidavit of Jeff Russell. (pa) (Entered: 03/27/1996)
03/25/1996 24 Additional Exhibits by pla in support of preliminary inj. [1-1] (pa) (Entered: 03/27/1996)
03/25/1996 25 SUPPLEMENTAL ANSWERS TO MANDATORY INTERROGATORIES & itemized accounting of frozen assets by pla. (pa) (Entered: 03/27/1996)
03/25/1996 26 Notice of filing affidavit of Robert G. Harris by dfts Genisis Marketing & dft Philip Edward Dill. (pa) (Entered: 03/27/1996)
03/25/1996 27 Objections by dft Philip Edward Dill to providing information. (pa) (Entered: 03/27/1996)
03/25/1996 28 Objections by dft Genisis Marketing to providing information. (pa) (Entered: 03/27/1996)
03/25/1996 29 Objections by dft Ronald "Ronny" Jay Pepper to providing information. (pa) (Entered: 03/27/1996)
03/25/1996 30 Objections by dft Windward Marketing to providing information. (pa) (Entered: 03/27/1996)
03/25/1996 31 Affidavits of Thomas Barnes, Dana Dorrity & Susan Sires. (pa) (Entered: 03/27/1996)
03/26/1996 32 Proposed Findings of fact and conclusions of law by dft Matthew Corbitt Mizell Jr. (pa) Modified on 04/02/1996 (Entered: 04/02/1996)
03/27/1996 Add attorney Sharon A. Cole for dfts Ronald "Ronny" Jay Pepper & Philip Edward Dill. (pa) (Entered: 03/27/1996)
03/27/1996 Add atty Sharon A. Cole as cnsl for dft Genisis Marketing. (pa) (Entered: 03/27/1996)
03/27/1996 33 Return of service executed 3/13/96 as to Windward Marketing, Genisis Marketing thru Randolph Rodriquez, Crestwood Enterprise thru Kent L. Holbrook, Wholesale Capital, Mega Magazines, Inc. thru Randolph Rodriquez, Ronald "Ronny" Jay Pepper, Philip Edward Dill thru atty Sharon Cole, Matthew Corbitt Mizell Jr. thru wife: Carolyn Mizell, Sarfraz A. Tariq, Sabir Saleem on original complaint. (pa) Modified on 04/02/1996 (Entered: 03/28/1996)
03/27/1996 34 Proposed Findings of fact and conclusions of law by pla. To:FMH (pa) Modified on 04/02/1996 (Entered: 03/28/1996)
03/27/1996 HEARING HELD before Judge Frank M. Hull. Dft Mizells motion to compel & opposition to pla's motion for prel Inj. filed. Prop. findings of fact & conclusions of law filed by dfts Windward Marketing & Ronald Pepper, Genisis Marketing & Phillip Dill, Sabir Saleem, M. Corbitt Mizzell, Wholesale Capital & Sarfraz Tariq. Affidavit of Jeff Russell filed. Dfts Windward Marketing & R. Pepper's brief in opposition to TRO, Temporary Inj & appt of receiver. Opening argument by pla. EXHIBITS ADMITTED (pa) Modified on 04/02/1996 (Entered: 04/02/1996)
03/27/1996 EXHIBITS by Federal Trade Comm admitted. (pa) Modified on 04/02/1996 (Entered: 04/02/1996)
03/27/1996 35 MOTION by dft Matthew Corbitt Mizell Jr. to compel more specific discovery responses with brief in support. (pa) Modified on 04/02/1996 (Entered: 04/02/1996)
03/27/1996 36 Proposed Findings of fact and conclusions of law by dfts Windward Marketing & Ronald "Ronny" Jay Pepper. (pa) (Entered: 04/02/1996)
03/27/1996 37 Proposed Findings of fact and conclusions of law by dfts Windward Marketing & Philip Edward Dill. (pa) (Entered: 04/02/1996)
03/27/1996 38 Proposed Findings of fact and conclusions of law by dft Sabir Saleem. (pa) (Entered: 04/02/1996)
03/27/1996 39 Proposed Findings of fact and conclusions of law by dft Wholesale Capital & Sarfraz A. Tariq. (pa) (Entered: 04/02/1996)
03/27/1996 40 Brief by dft Matthew Corbitt Mizell Jr. in opposition to pla's motion for preliminary inj. [2-1] (pa) Modified on 04/02/1996 (Entered: 04/02/1996)
03/27/1996 41 MOTION by dft Windward Marketing & Ronald "Ronny" Jay Pepper to strike affidavit of Jeff Russell with brief in support. (pa) (Entered: 04/02/1996)
03/27/1996 42 Brief by dfts Windward Marketing & Ronald "Ronny" Jay Pepper in opposition to motion for temporary restraining order, temporary restraining order & appointment of receiver by Federal Trade Comm [2-1] (pa) (Entered: 04/02/1996)
03/27/1996 Add attys Michael Weinstock & Richard John Capriola as cnsl for dft Matthew Corbitt Mizell Jr. (pa) (Entered: 04/04/1996)
03/27/1996 Add atty Leeza Rhee Cherniak as cnsl for dft Sabir Saleem. (pa) (Entered: 04/04/1996)
03/28/1996 HEARING HELD before Judge Frank M. Hull. Continuance of Prel Inj hearing. Court continued to hear position of pla, then responses by dfts. Order granting in part & denying part motion to strike affidavit of Jeff Russell, filed. (pa) (Entered: 04/02/1996)
03/28/1996 43 ORDER GRANTING IN PART AND DENYING IN PART motion to strike affidavit of Jeff Russell by Ronald "Ronny" Jay Pepper, Windward Marketing [41-1]. (see order for details) by Judge Frank M. Hull. cc/ (pa) (Entered: 04/02/1996)
03/29/1996 44 ORDER amending TRO Order as it pertains to dft Mizell regarding use of individual credit cards & certain bank accts. (see order for details) by Judge Frank M. Hull. cc/ (pa) Modified on 04/02/1996 (Entered: 04/01/1996)
03/29/1996 HEARING HELD before Judge Frank M. Hull. Consent Order ext TRO & Order to Show Cause of 3/12/96 to 4/3/96 at 7:00 pm. Continuance of Prel Inj hearing. Court continued to hear position responses by dfts, rebuttal by pla. Exhibits to Motion for TRO retained by Court. retained by Court. (pa) Modified on 04/02/1996 (Entered: 04/02/1996)
03/29/1996 45 ORDER extending Temporary Restraining Order [8-1] and Order to Show Cause [8-2] until 4/3/96 at 7:00 pm w/consent of parties, by Judge Frank M. Hull. cc/ (pa) Modified on 04/02/1996 (Entered: 04/02/1996)
04/02/1996 46 Supplemental Brief by dft Windward Marketing regarding verification of authorization to process phone checks. (pa) Modified on 04/11/1996 (Entered: 04/11/1996)
04/03/1996 47 ORDER GRANTING dft's motion for preliminary injunction to the extent outlined in this order [2-1], Robert L. Coley is appointed as permanent Receiver. Receiver shall file a bond in the sum ot $5,000.00 with sureties to be approved by the Court. The Court retains jurisdiction of this matter for all purposes, by Judge Frank M. Hull. cc by chambers (pa) Modified on 04/11/1996 (Entered: 04/04/1996)
04/04/1996 48 ORDER for clarification of order [47-1] of 4/3/96 by Judge Frank M. Hull. cc/ (pa) Modified on 04/11/1996 (Entered: 04/04/1996)
04/05/1996 Add attorney for defendant Sabir Saleem , Jay Lester Strongwater as counsel. (pa) (Entered: 04/05/1996)
04/05/1996 Add attorney for dft Crestwood Enterprise, Steve Kushner as counsel. (pa) (Entered: 04/05/1996)
04/05/1996 Add atty Steven B. Lieberman as cnsl for dfts Wholesale Capital & Sarfraz A. Tariq. (pa) Modified on 04/05/1996 (Entered: 04/05/1996)
04/10/1996 49 Objections by dft Philip Edward Dill to furnishing information as directed in order [47-1] (pa) Modified on 04/11/1996 (Entered: 04/11/1996)
04/10/1996 50 Objections by dft Philip Edward Dill to providing information as directed in order [47-1] (pa) Modified on 04/11/1996 (Entered: 04/11/1996)
04/10/1996 51 Objections by dft Ronald "Ronny" Jay Pepper to providing information as directed in order [47-1]. (pa) (Entered: 04/11/1996)
04/10/1996 52 Renewed Objections by dft Windward Marketing to providing information. (pa) (Entered: 04/11/1996)
04/10/1996 53 ANSWER to complaint [1-1] by Windward Marketing, Ronald "Ronny" Jay Pepper; jury demand. (pa) (Entered: 04/11/1996)
04/10/1996 Exhibits by Federal Trade Comm, Windward Marketing, Matthew Corbitt Mizell Jr., Sarfraz A. Tariq admitted, received by docket clerk & placed in exhibit room. (3 boxes) (pa) (Entered: 04/15/1996)
04/10/1996 Tele-conference HELD re scheduling & other pending matters. (pa) (Entered: 04/16/1996)
04/11/1996 54 Notice of Adoption of prior financial statement by dft Matthew Corbitt Mizell Jr. (pa) (Entered: 04/15/1996)
04/11/1996 Tele-conference HELD concerning scheduling & other pending matters. (pa) (Entered: 04/16/1996)
04/12/1996 55 ANSWER to complaint [1-1] , and COUNTERCLAIM by Sabir Saleem against Federal Trade Comm.....AND (pa) (Entered: 04/16/1996)
04/12/1996 55 ...CROSSCLAIM by Sabir Saleem against Windward Marketing, Genisis Marketing, Crestwood Enterprise, Ronald "Ronny" Jay Pepper, Philip Edward Dill, Sarfraz A. Tariq; jury demand. (pa) (Entered: 04/16/1996)
04/12/1996 56 ANSWERS TO MANDATORY INTERROGATORIES by Sabir Saleem (pa) (Entered: 04/16/1996)
04/12/1996 57 ANSWER to complaint [1-1] by Genisis Marketing, Philip Edward Dill; jury demand. (pa) (Entered: 04/16/1996)
04/12/1996 58 ANSWER to complaint [1-1] and CROSSCLAIM by Matthew Corbitt Mizell Jr. against Windward Marketing, Genisis Marketing, Ronald "Ronny" Jay Pepper, Philip Edward Dill; jury demand. (pa) (Entered: 04/16/1996)
04/12/1996 59 ANSWER to complaint [1-1] and CROSSCLAIM by Matthew Corbitt Mizell Jr. against Windward Marketing, Genisis Marketing, Ronald "Ronny" Jay Pepper, Philip Edward Dill; jury demand. (pa) (Entered: 04/16/1996)
04/15/1996 60 CONSENT ORDER releasing freeze on dft Saleem's bank account (see order for details) by Judge Frank M. Hull. cc/ (pa) (Entered: 04/30/1996)
04/15/1996 61 ANSWER to complaint [1-1] and CROSSCLAIM by Wholesale Capital, Sarfraz A. Tariq against Windward Marketing, Genisis Marketing, Ronald "Ronny" Jay Pepper, Philip Edward Dill...AND (pa) (Entered: 04/30/1996)
04/15/1996 61 ...COUNTERCLAIM by Wholesale Capital, Sarfraz A. Tariq against Federal Trade Comm. (pa) (Entered: 04/30/1996)
04/15/1996 62 ANSWERS TO MANDATORY INTERROGATORIES by Wholesale Capital, Sarfraz A. Tariq (pa) (Entered: 04/30/1996)
04/15/1996 63 APPLICATION for admission of Steven B. Lieberman pro hac vice with consent of designated local csnl. (pa) (Entered: 04/30/1996)
04/17/1996 64 Notice of Statement of dates dfts started in business & revised bank list by pla. (pa) (Entered: 04/30/1996)
04/18/1996 65 ORDER VACATING its orders of 4/3/96 & 4/4/96 and reissues the same granting the pla's motion for preliminary injunction to the extent outlined in this order by Judge Frank M. Hull. cc - 4/18/96 (pa) Modified on 04/30/1996 (Entered: 04/30/1996)
04/22/1996 66 Certificate of interested persons by dft Mizelle. (to FMH) (pa) (Entered: 04/30/1996)
04/24/1996 67 ORDER DIRECTING that dft Sabir Saleem's bank accounts named in the order are released from the freeze previously by this Court, by Judge Frank M. Hull. cc/ (pa) Modified on 04/30/1996 (Entered: 04/30/1996)
04/25/1996 68 ANSWERS TO MANDATORY INTERROGATORIES by Windward Marketing, Ronald "Ronny" Jay Pepper (pa) Modified on 05/21/1996 (Entered: 05/03/1996)
04/26/1996 69 ANSWERS TO MANDATORY INTERROGATORIES by Matthew Corbitt Mizell Jr. (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 70 Memorandum regarding freezing non-traceable assets by dft Matthew Corbitt Mizell Jr. (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 71 MOTION by dft Matthew Corbitt Mizell Jr. for leave to file supplemental financial affidavit under seal with memorandum in support. (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 72 Affidavit of F. Dewayne Foskey (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 73 Affidavit of Richard J. Capriola. (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 74 MOTION by dft Philip Edward Dill for release of his assets with brief in support. (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 75 ANSWER to crossclaim [55-1] by Windward Marketing, Ronald "Ronny" Jay Pepper . (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 76 ANSWER to crossclaim [61-1] by Windward Marketing, Ronald "Ronny" Jay Pepper. (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 77 Notice of filing Non-Traceable Assets by dft Mega Magazines, Inc. (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 78 Notice of filing contracts found in records, by dft Mega Magazines, Inc. (pa) Modified on 05/21/1996 (Entered: 04/30/1996)
04/26/1996 79 Brief by pla in support of continuing the asset freeze and in opposition discretionary release of any frozen assets. (pa) Modified on 05/21/1996 (Entered: 05/02/1996)
04/29/1996 80 CONSENT ORDER releasing freeze on bank accounts of Sarfraz A. Tariq (see order for details) by Judge Frank M. Hull. cc/ (pa) Modified on 03/11/1997 (Entered: 04/30/1996)
04/30/1996 81 MOTION (Letter form) by dft Sarfraz A. Tariq to release bank acct from injunction with brief in support. (pa) Modified on 05/21/1996 (Entered: 05/02/1996)
04/30/1996 ORDER endorsed on motion, GRANTING motion for leave to file supplemental financial affidavit under seal by Matthew Corbitt Mizell Jr. [71-1] by Judge Frank M. Hull. (pa) Modified on 05/21/1996 (Entered: 05/02/1996)
04/30/1996 82 Supplemental Affidavit of Corbitt Mizell, Jr. filed pursuant to order of 4/3/96 with exhibits. UNDER SEAL (pa) Modified on 05/21/1996 (Entered: 05/02/1996)
04/30/1996 83 ANSWERS TO MANDATORY INTERROGATORIES by Genisis Marketing, Philip Edward Dill (pa) Modified on 05/21/1996 (Entered: 05/02/1996)
04/30/1996 Preliminary Injunction HEARING continued before Judge Frank M. Hull as to frozen assets of dfts. Court heard argument from all cnsl & took matter under advisement. (pa) (Entered: 05/02/1996)
04/30/1996 84 Affidavit of Paul A. Jones. (pa) (Entered: 05/21/1996)
05/06/1996 85 MOTION by plaintiff Federal Trade Comm to strike with brief in support. (pa) Modified on 05/21/1996 (Entered: 05/10/1996)
05/10/1996 HEARING HELD before Judge Frank M. Hull. Continuance of hearing re frozen assets to dft Mizell. Consent order filed releasing funds of Carol Mizell, copies to cnsl present. Affidavit of Craig Gillen filed. Afdt of Kent Holbrook filed. Court admitted as evidence for motion for injunction as it relates to assets, pltf's numbers 138 & 137, to be filed as supplemental attachments to previously documents. With cnsl , of cnsl & parties Court entered settlement discussions in chambers with parties separately. (pa) Modified on 08/19/1996 (Entered: 05/14/1996)
05/10/1996 86 CONSENT ORDER releasing frozen funds of Carol Mizell by Judge Frank M. Hull. cc/ (pa) Modified on 05/21/1996 (Entered: 05/14/1996)
05/10/1996 87 Affidavit of Craig A. Gillen. (pa) Modified on 05/21/1996 (Entered: 05/14/1996)
05/10/1996 88 Affidavit of Kent Holbrook w/attachments. ATTACHMENTS UNDER SEAL) (pa) Modified on 05/21/1996 (Entered: 05/14/1996)
05/10/1996 89 Affidavit of Matthew Corbitt Mizell, Jr. (pa) Modified on 05/21/1996 (Entered: 05/14/1996)
05/13/1996 90 APPLICATION by receiver for interim compensation with brief & exhibits in support. (scg) Modified on 05/21/1996 (Entered: 05/16/1996)
05/13/1996 91 APPLICATION by receiver for interim compensation as attorneys for receiver with brief & exhibits in support. (scg) Modified on 05/21/1996 (Entered: 05/16/1996)
05/13/1996 92 APPLICATION by Paul A. Jones & Co. for interim compensation as accountant for receiver with brief & exhibits in support. (scg) Modified on 05/21/1996 (Entered: 05/16/1996)
05/14/1996 93 ORDER extending time to 5/24/96 for dft Mizell to submit a proposed order on his motion for release of assets & to 5/30/96 for pla to respond by Judge Frank M. Hull. cc (scg) Modified on 05/21/1996 (Entered: 05/16/1996)
05/15/1996 94 Notice of Assignment of Hearing by receiver on the applications for interim compensation, hearing to be held 7/2/96 at 2:00 p.m. (scg) Modified on 05/21/1996 (Entered: 05/16/1996)
05/15/1996 95 MOTION by dft Philip Edward Dill to file affidavit under seal AFFIDAVIT UNDER SEAL (scg) Modified on 05/21/1996 (Entered: 05/16/1996)
05/15/1996 96 MOTION by dft Philip Edward Dill for release of assets with brief in support. (scg) Modified on 05/21/1996 (Entered: 05/16/1996)
05/15/1996 97 CONSENT ORDER amending preliminary injunction [65-1] as to dft Mizell (see order for details) by Judge Frank M. Hull. cc (scg) Modified on 05/21/1996 (Entered: 05/17/1996)
05/20/1996 98 Response by dft Sabir Saleem to motion to strike by Federal Trade Comm [84-1] (pa) (Entered: 05/21/1996)
05/22/1996 Settlement Conference HEARING HELD as to dft Mizell before Judge Frank M. Hull. Parties announced settlement & to present order to Court. (pa) (Entered: 05/24/1996)
05/22/1996 99 ORDER Setting Status Conference Hearing on 6/7/96 at 9:30 & Setting Hearing on 7/2/96 at 2:00 on fee applications by Judge Frank M. Hull. cc/ (pa) (Entered: 05/24/1996)
05/22/1996 100 ORDER reaffirming Court's 4/18/96 order & continues freeze on dft's non-tracable assets, also denying letter/motion to release bank acct from injunction [81-1] by Sarfraz A. Tariq, denying motion for release of assets by Philip Edward Dill [74-1], denying as moot the motion to compel more specific discovery responses [35-1] Matthew Corbitt Mizell Jr., GRANTING IN PART AND DENYING IN PART motion for protective order by Philip Edward Dill, Ronald "Ronny" Jay Pepper [11-1] by Judge Frank M. Hull. cc/ (pa) Modified on 08/16/1996 (Entered: 05/24/1996)
05/22/1996 101 Stipulation extending time for dft Mizell to respond to motion to strike by Federal Trade Comm [85-1] by pla Federal Trade Comm, dft Matthew Corbitt Mizell Jr. approved by Judge Frank M. Hull. cc/ (pa) (Entered: 05/24/1996)
05/22/1996 ORDER endorsed on motion, GRANTING motion to file affidavit under seal by Philip Edward Dill [95-1] by Judge Frank M. Hull. cc/ (pa) (Entered: 05/24/1996)
05/24/1996 102 Brief by dfts Windward Marketing & Ronald "Ronny" Jay Pepper in opposition to motion to strike by Federal Trade Comm [85-1] (pa) (Entered: 05/24/1996)
06/07/1996 103 REPLY by Federal Trade Comm to responses of dfts Windward, Pepper & Saleem to motion to strike by Federal Trade Comm [85-1]. (pa) (Entered: 06/10/1996)
06/07/1996 104 Response by pla to motion for release of assets by Philip Edward Dill [96-1] (pa) (Entered: 06/10/1996)
06/07/1996 CONFERENCE/HEARING HELD regarding status w/receiver before Judge Frank M. Hull. (pa) (Entered: 06/12/1996)
06/20/1996 105 Objections by dft Sabir Saleem to motion for interim compensation as accountant for receiver by Robert L. Coley [92-1] (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/21/1996 106 Joint MOTION by Federal Trade Commission & Crestwood Enterprise to amend complaint [1-1] , for leave to file stipulated order for permanent injunction with brief in support. (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/25/1996 107 ORDER GRANTING joint motion to amend complaint [1-1] by Crestwood Enterprise, Federal Trade Comm [106-1], GRANTING joint motion for leave to file stipulated order for permanent injunction by Crestwood Enterprise, Federal Trade Comm [106-2] by Judge Frank M. Hull. cc/ (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/25/1996 108 AMENDED COMPLAINT for Permant Injunction and other Equitable Relief by Federal Trade Commission adding Kent L. Holbrook. (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/25/1996 109 Stipulated Final Order for permanent injunction against dft Matthew Corbitt Mizell, Jr., setting forth agreement by pla Federal Trade Comm & dft Mizell and ENTERING judgment against dft Mizell in the amt of $493,000.00 (see order for details). Court retains jurisdiction for enforcement of compliance or punishment of violations. Each party to bear its own costs & atty fees, by Judge Frank M. Hull. cc/ (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/25/1996 110 Stipulated Order for permanent injunction against dfts Crestwood Enterprises, Inc. & Kent L. Holbrook setting forth agreement by pla Federal Trade Commission & dfts Crestwood Enterprise & Kent L. Holbrook and ENTERING Judgment in the amount of $13,401,500.00 against dft Crestwood Enterprises (see order for details). Court retains jurisdiction for enforcement of compliance or punishment of violations. Each party to bear its own costs & atty fees, approved by Judge Frank M. Hull. cc/ . (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/26/1996 111 Preliminary Statement and Scheduling Order of pla & dft Sabir Saleem. (to FMH) (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/26/1996 112 Preliminary Statement and Scheduling Order of pla & dfts Windward Marketing & Ronald Jay Pepper. (to FMH) (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/26/1996 113 Preliminary Statement and Scheduling Order of pla & dfts Genisis Marketing & Administration, Inc. & Philip Edward Dill. (to FMH) (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/26/1996 114 Preliminary Statement and Scheduling Order by pla & dfts Wholesale Capital Corporation & Safras Tariq. (to FMH) (pa) Modified on 06/27/1996 (Entered: 06/27/1996)
06/28/1996 ORDER endorsed on motion, APPROVING preliminary statement [113-1] by Judge Frank M. Hull. cc/ (pa) (Entered: 07/02/1996)
06/28/1996 ORDER endorsed on motion, APPROVING preliminary statement [112-1] by Judge Frank M. Hull. cc/ (pa) (Entered: 07/02/1996)
06/28/1996 ORDER endorsed on motion, APPROVING preliminary statement [111-1] by Judge Frank M. Hull. cc/ (pa) (Entered: 07/02/1996)
06/28/1996 ORDER endorsed on motion, APPROVING preliminary statement [114-1] by Judge Frank M. Hull. cc/ (pa) (Entered: 07/02/1996)
06/28/1996 115 Objections by dft Windward Marketing to request to produce materials. (pa) (Entered: 07/02/1996)
06/28/1996 116 Objections by dft Ronald "Ronny" Jay Pepper to request to produce materials. (pa) (Entered: 07/02/1996)
07/02/1996 Steno notes of proceedings held 3/14/96, 3/27/96 before Judge Frank M. Hull, by Court Reporter Nancy Smith-Wells. (rag) (Entered: 07/02/1996)
07/02/1996 Steno notes of proceedings held 3/27/96 & 3/28/96 before Judge Frank M. Hull, by Court Reporter Linda W. Baggett. (rag) (Entered: 07/02/1996)
07/02/1996 Steno notes of proceedings held 3/30/96, 4/10/96, 4/11/96 & 4/30/96 before Judge Frank M. Hull, by Court Reporter Nancy Smith-Wells. (rag) (Entered: 07/02/1996)
07/02/1996 Steno notes of proceedings held 5/22/96 before Judge Frank M. Hull, by Court Reporter Pat Tanner. (rag) (Entered: 07/02/1996)
07/02/1996 HEARING HELD before Judge Frank M. Hull. Hearing scheduled on Receiver's Application for Compensation. No cnsl appeared for dfts, no opposition filed. Court signed order presented. Order filed. (pa) Modified on 07/05/1996 (Entered: 07/05/1996)
07/02/1996 118 ORDER GRANTING motion for interim compensation by Robert L. Coley [90-1], GRANTING motion for interim compensation as attorneys for receiver by Robert L. Coley [91-1], GRANTING motion for interim compensation as accountant for receiver by Robert L. Coley [92-1](see order for details) by Judge Frank M. Hull. cc/ (pa) Modified on 07/09/1996 (Entered: 07/05/1996)
07/02/1996 117 MOTION by receiver Robert L. Coley to sell property with brief in support. (pa) Modified on 07/09/1996 (Entered: 07/09/1996)
07/02/1996 119 ORDER & NOTICE concerning sale of property, creditors & interested parties to file objections by 8/5/96 & Setting Hearing on 8/15/96 at 2:30 . (see order for details) by Judge Frank M. Hull. (Atty for receiver will serve order & notice) (pa) (Entered: 07/09/1996)
07/03/1996 120 Objections by dfts Windward Marketing & Ronald "Ronny" Jay Pepper to motion to sell property by Robert L. Coley [117-1]. (pa) (Entered: 07/09/1996)
07/12/1996 121 Certification of Consent to Substitution of Counsel for dfts Wholesale Capital & Sarfraz A. Tariq with Colette B. Resnik replacing atty Steven B. Lieberman. (bj) (Entered: 07/23/1996)
07/19/1996 122 Stipulation dismissing crossclaims without prejudice as to dfts Windward Marketing, Genisis Marketing, Ronald "Ronny" Jay Pepper & Philip Edward Dill by dft Matthew Corbitt Mizell Jr. to FMH for approval. (bj) (Entered: 07/24/1996)
08/05/1996 SUBMITTED on motion for release of his assets by Philip Edward Dill [74-1], motion to strike by Federal Trade Comm [85-1], motion for release of assets by Philip Edward Dill [96-1], motion to sell property by Robert L. Coley [117-1] to Judge Frank M. Hull. (pa) (Entered: 08/05/1996)
08/05/1996 ORDER endorsed on motion, GRANTING stipulation by Matthew Corbitt Mizell Jr. [122-1] DISMISSING crossclaim complaint of Mizell against dfts Windward, Pepper, Diss & Genisis, by Judge Frank M. Hull. cc/ (pa) (Entered: 08/08/1996)
08/15/1996 123 MOTION by receiver Robert L. Coley to present litigation plan for in-camera review with brief in support. (pa) (Entered: 08/16/1996)
08/16/1996 124 ORDER GRANTING motion to sell property by Robert L. Coley [117-1] by Judge Frank M. Hull. cc/ (pa) (Entered: 08/16/1996)
08/16/1996 RESUBMITTED on motion to strike by Federal Trade Comm [85-1], motion for release of assets by Philip Edward Dill [96-1] to Judge Frank M. Hull. (pa) (Entered: 08/16/1996)
08/16/1996 125 Certificate of service to cnsl of Receiver's Litigation Plan for In-Camera Review. (pa) (Entered: 08/19/1996)
09/05/1996 SUBMITTED on motion to present litigation plan for in-camera review by Robert L. Coley [123-1] to Judge Frank M. Hull. (pa) (Entered: 09/05/1996)
09/16/1996 126 CONSENT ORDER ext time thru 12/13/96 for discovery by Judge Frank M. Hull. cc/ (pa) (Entered: 09/18/1996)
09/17/1996 Steno notes of proceedings held 5/10/96, and 5/22/96 before Judge Frank M. Hull , by Court Reporter Nancy Smith-Wells. (shj) (Entered: 09/17/1996)
09/17/1996 Steno notes of proceedings held 6/6/96 before Judge Frank M. Hull , by Court Reporter Nancy Smith-Wells. (shj) (Entered: 09/17/1996)
09/17/1996 Steno notes of proceedings held 7/2/96 before Judge Frank M. Hull , by Court Reporter Nancy Smith-Wells. (shj) (Entered: 09/17/1996)
09/25/1996 127 Report of Public Sale of Property by receiver Robert L. Coley. (pa) (Entered: 09/26/1996)
09/26/1996 128 CONSENT ORDER that the bank account of Philip Edward Dill at Southtrust Bank, Acct. # 21836952 is released from the freeze previously ordered by this Court . Dft Dill shall immediately pay the sum of $4,000.00 from said acct to the Receiver who shall maintain funds until further order of this Court, by Judge Frank M. Hull. cc/ (pa) (Entered: 09/26/1996)
10/02/1996 130 MOTION to withdraw by Leeza Rhee Cherniak as atty for Sabir Saleem with brief in support w/proposed order. (pa) (Entered: 10/08/1996)
10/04/1996 129 REPORT of Public Sale of Certain Property by receiver Robert L. Coley. (see report for details) (pa) (Entered: 10/07/1996)
10/10/1996 131 Response by pla to motion to withdraw by Leeza Rhee Cherniak as atty for Sabir Saleem Leeza Rhee Cherniak [130-1] (pa) (Entered: 10/15/1996)
10/10/1996 Proposed Final Judgment & Order by pla Federal Trade Comm, dfts Genisis Marketing & Philip Edward Dill. To:FMH (pa) (Entered: 10/15/1996)
10/16/1996 132 Response by receiver Robert L. Coley to motion to withdraw by Leeza Rhee Cherniak as atty for Sabir Saleem by Leeza Rhee Cherniak [130-1] (pa) (Entered: 10/17/1996)
10/17/1996 133 ORDER denying as moot the motion for release of assets [96-1] by Philip Edward Dill, DENYING without prejudice motion to strike by Federal Trade Comm [85-1] by Judge Frank M. Hull. cc/ (pa) (Entered: 10/17/1996)
10/17/1996 134 ORDER GRANTING motion to present litigation plan for in-camera review by Robert L. Coley [123-1]. It is further ORDERED that said litigation plan shall be filed with the Court under seal & shall remain sealed, subject only to in-camera review by the Court, by Judge Frank M. Hull. cc/ (pa) (Entered: 10/17/1996)
10/17/1996 135 Stipulated Order for permanent injunction against dfts Philip Edward Dill & Genisis Marketing and ENTERING judgment in the amount of $13,401,500.00 against dft Genisis & $4,000.00 against dft Dill (see order for details). Court retains jurisdiction for enforcement of compliance or punishment of violations. Each party to bear its own costs & atty fees, approved by Judge Frank M. Hull. cc/ . (pa) (Entered: 10/18/1996)
10/18/1996 136 Supplemental Memorandum by atty Cherniak to motion to withdraw as atty for Sabir Saleem by Leeza Rhee Cherniak [130-1] (pa) (Entered: 10/21/1996)
10/21/1996 SUBMITTED on motion to withdraw by Leeza Rhee Cherniak as atty for Sabir Saleem [130-1] to Judge Frank M. Hull. (pa) (Entered: 10/21/1996)
10/21/1996 137 ORDER GRANTING motion to withdraw by Leeza Rhee Cherniak as atty for Sabir Saleem [130-1]. Dft Saleem to notify Court & all parties of any change of address, by Judge Frank M. Hull. cc & to dft Saleem (pa) (Entered: 10/22/1996)
10/22/1996 138 Notice of filing Receiver's Litigation Plan for IN CAMERA REVIEW by Robert L. Coley. (SEALED MATERIAL)I. To:FMH (pa) (Entered: 10/23/1996)
11/20/1996 139 APPLICATION by receiver Robert L. Coley for interim compensation with brief in support. (pa) (Entered: 11/25/1996)
11/20/1996 140 APPLICATION by movant Paul A. Jones & Co. as attys for Receiver for interim compensation with brief in support. (pa) (Entered: 11/25/1996)
11/20/1996 141 APPLICATION by movant Ragsdale, Beals, as attorneys for Receiver for interim compensation with brief in support. (pa) (Entered: 11/25/1996)
12/06/1996 Proposed order & notice concerning motion for sale of certain personal property free & clear of encumbrances & to pay expenses of storing & selling said property by receiver Robert L. Coley. (to FMH) (scg) (Entered: 12/10/1996)
12/06/1996 142 Application for leave of absence of Colette B. Resnik approved by ct.dep. c/Resnik (scg) (Entered: 12/10/1996)
12/10/1996 143 ORDER by Judge Frank M. Hull GRANTING [139-1] motion for interim compensation, GRANTING [140-1] motion for interim compensation, GRANTING [141-1] motion for interim compensation (see order for details) (cc) (pa) (Entered: 12/12/1996)
12/11/1996 144 ORDER by Judge Frank M. Hull GRANTING [142-1] for leave of absence from 2/17 thru 4/25/97 of Colette B. Resnik (cc) (pa) (Entered: 12/12/1996)
12/13/1996 145 MOTION by plaintiff for summary judgment against dfts Windward Marketing, Mega Magazines, Wholesale Capital, Ronald Pepper, Jay Pepper,, Sarfraz Tariq & Sabir Saleem with memorandum in support, exhibits & proposed final judgment. (pa) Modified on 03/11/1997 (Entered: 12/23/1996)
12/13/1996 STATUS CONFERENCE HELD before Judge Frank M. Hull. David Torok to prepare order setting status & settlement conf for 1/10/96 requiring dfts Tariq, Saleem & Wholesale Capital to attend. Proposed order to be present to Court for signature asap. Court excused cnsl for dfts & proceeded with in camera review of receiver's litigation plan. Court retained in camera material. (pa) (Entered: 01/08/1997)
12/18/1996 146 ORDER by Judge Frank M. Hull pretrial & settlement conference set for 10:30 1/10/97 for pla & dfts Tariq & Saleem (see order for details) (cc) (pa) Modified on 12/27/1996 (Entered: 12/19/1996)
12/23/1996 Notice of [146-1] motion for summary judgment by Federal Trade Comm filed 12/13/96 mailed 12/23/96. (pa) (Entered: 12/23/1996)
12/26/1996 147 CONSENT ORDER by Judge Frank M. Hull, extending time thru 2/3/96 to respond to [145-1] motion for summary judgment , submission date reset on 2/4/96 (cc) (pa) (Entered: 12/27/1996)
01/06/1997 148 CONSENT ORDER by Judge Frank M. Hull, extending time thru 1/21/97 to respond to [145-1] motion for summary judgment (cc) (pa) (Entered: 01/08/1997)
01/10/1997 STATUS CONFERENCE HELD before Judge Frank M. Hull. In camera conference with receiver. Settlement Conference with parties. Non-jury trial scheduled for May 1997 if no settlement. Dft Saleem grant extension of thme thru 1/20/97 to respond to sum.jmg motions. (pa) (Entered: 01/16/1997)
01/21/1997 149 Response by dfts Sarfraz A. Tariq, Wholesale Capital to [145-1] motion for sum.jgm. (fmr emp) (Entered: 01/30/1997)
01/22/1997 150 Objections by dft Sabir Saleem to [145-1] motion for sum.jgm. (fmr emp) (Entered: 01/30/1997)
01/30/1997 151 MOTION by plaintiff for clerk to enter default as to Mega Magazines, Inc. with brief in support. (pa) (Entered: 02/03/1997)
02/03/1997 CLERK'S ENTRY OF DEFAULT as to defendant Mega Magazines, Inc. (pa) Modified on 03/11/1997 (Entered: 02/03/1997)
02/03/1997 153 REPLY by plaintiff to response to [145-1] motion for summary judgment (oug) (Entered: 02/05/1997)
02/04/1997 152 CONSENT ORDER by Judge Frank M. Hull, extending time thru 3/3/97 for dfts Pepper & Windward to respond to FTC's motion for sum.jgm [145-1] motion for sum.jgm to be submitted on 3/4/97 (cc) (pa) (Entered: 02/05/1997)
02/20/1997 154 Evidence & Witness list by pla. (pa) (Entered: 03/04/1997)
02/20/1997 155 Stipulated Final Judgment and Order for permanent injunction, by plaintiff Federal Trade Comm, defendant Windward Marketing, defendant Ronald "Ronny" Jay Pepper. To:FMH (pa) (Entered: 03/04/1997)
03/05/1997 ENDORSED ORDER Approving Stipulated Final Judgment [155-1] [155-1] stipulation by Ronald "Ronny" Jay Pepper, Windward Marketing, Federal Trade Comm. The Court shall retain jurisdiction of this matter for the purpose of enabling the Commission & dft Pepper to apply to the Court for such further orders or directives as be necessary. (see Stipulated Judgment for details) (cc by atty Carr) (pa) (Entered: 03/17/1997)
03/07/1997 156 Notice of change of address by plaintiff and its atty. (oug) (Entered: 03/10/1997)
03/18/1997 157 MOTION by pla for default judgment against Mega Magazines, Inc. with brief in support & proposed final judgment & order for permanent injunction. (pa) (Entered: 03/25/1997)
03/25/1997 Case reopened, closed in error. (pa) (Entered: 03/25/1997)
04/11/1997 158 Joint MOTION by pla Federal Trade Comm & dfts Wholesale Capital, Sarfraz A. Tariq, Sabir Saleem to extend time to file PTO To:FMH (pa) (Entered: 04/17/1997)
04/15/1997 160 MOTION by plaintiff to strike remaining dfts/ jury demand & certain affirmative defenses with brief in support. (pa) (Entered: 04/22/1997)
04/17/1997 SUBMITTED to Judge Frank M. Hull on [157-1] motion for default judgment against Mega Magazines, Inc. (pa) (Entered: 04/17/1997)
04/18/1997 159 ORDER by Judge Frank M. Hull, extending time until 30 days after ruling on pending motion for sum.jgm to file PTO , pretrial conference set for 2:00 4/28/97 Mr. Torok & Mr. Saleem may participate by telephone. (cc) (pa) (Entered: 04/21/1997)
04/22/1997 161 FINAL JUDGMENT and ORDER FOR PERMANENT INJUNCTION ENTERED for plaintiff against defendant Mega Magazines, Inc. Court shall retain jurisdiction for all purposes. (see judgment for details) cc&eod/ (pa) (Entered: 04/22/1997)
04/28/1997 SUBMITTED to Judge Frank M. Hull on [145-1] motion for summary judgment against dfts Windward Marketing, Mega Magazines, Wholesale Capital, Ronald Pepper, Jay Pepper,, Sarfraz Tariq & Sabir Saleem, [158-1] joint motion to extend time to file PTO, [160-1] motion to strike remaining dfts/ jury demand & certain affirmative defenses (pa) (Entered: 04/28/1997)
07/03/1997 Steno notes of proceedings held 4/28/97 before Judge Frank M. Hull, by Court Reporter Nancy Smith-Wells. (rag) (Entered: 07/03/1997)
08/12/1997 Steno notes of proceedings held 12/13/97, 1/10/97 before Judge Frank M. Hull , by Court Reporter Nancy Smith-Wells. (pa) Modified on 08/12/1997 (Entered: 08/12/1997)
09/10/1997 162 THIRD APPLICATION by receiver Robert L. Coley for interim compensation with notice of assignment of hearging. (to FMH) (rag) (Entered: 09/11/1997)
09/10/1997 163 THIRD APPLICATION by movant Ragsdale, Beals, Hooper & Seigler for interim compensation (rag) (Entered: 09/11/1997)
09/10/1997 164 THIRD APPLICATION by movant Paul A. Jones & Co. for interim compensation (rag) (Entered: 09/11/1997)
09/30/1997 165 FINAL JUDGMENT & ORDER FOR PERMANENT INJUNCTION by Judge Frank M. Hull GRANTING [145-1] motion for summary judgment against dfts Wholesale Capital Corporation, Sarfraz Tariq & Sabir Saleem. ORDERED that Judgment in the amount of $12,693,401 is entered in favor of the Federal Trade Commission against Defendants Wholesale, Tariq & Saleem, jointly & severally. (See order for complete details) (cc) (rag) (Entered: 10/01/1997)
09/30/1997 Case terminated. (pa) (Entered: 10/03/1997)
10/06/1997 SUBMITTED to Judge Robert L. Vining Jr. on [162-1] third application for interim compensation, [163-1] third application for interim compensation, [164-1] third application for interim compensation (rag) (Entered: 10/06/1997)
10/10/1997 166 ORDER by Judge Robert L. Vining Jr. APPROVING [162-1] application for interim compensation by Robert L. Coley, APPROVING [163-1] application for interim compensation by Ragsdale, APPROVING [164-1] application for interim compensation by Paul Jones & Co., (cc) (rag) (Entered: 10/15/1997)
11/26/1997 167 NOTICE OF APPEAL by Wholesale Capital, Sarfraz A. Tariq from [165-1] order (mmw) (Entered: 12/04/1997)
12/04/1997 Notice of appeal and certified copy of docket to USCA RE: [167-1] appeal (mmw) (Entered: 12/04/1997)
12/15/1997 USCA appeal fees received $ 110.00 (mmw) (Entered: 12/17/1997)
12/16/1997 Acknowledgment by USCA regarding appeal [167-1] USCA dkt no. 97-9335 (djh) (Entered: 12/29/1997)
12/17/1997 Received returned copy of notice of appeal intended for Mega Magazines, Inc. "not deliverable as addressed". (mmw) (Entered: 12/18/1997)
01/12/1998 168 NOTICE OF APPEAL by Sabir Saleem from [165-1] order (mmw) (Entered: 01/13/1998)
01/13/1998 Notice of appeal and certified copy of docket to USCA RE: [168-1] appeal (mmw) (Entered: 01/13/1998)
01/22/1998 Acknowledgment by USCA regarding appeal pkt [168-1] USCA dkt no. 97-9335 (epm) (Entered: 01/26/1998)
02/03/1998 Received returned copy of [168-1] Court of Appeals appeal addressed to Mega Magazines. (mmw) (Entered: 02/03/1998)
02/06/1998 USCA appeal fees received $ 105.00 USCA dkt no. 97-9335 (mmw) (Entered: 02/06/1998)
08/12/1998 169 Certified copy of ORDER of USCA RE: Appeal [168-1] is DISMISSED as to Sabir Saleem for lack of jurisdiction. USCA dkt no. 97-9335 cc (bj) (Entered: 08/17/1998)
09/08/1998 170 FORTH & FINAL APPLICATION by Paul A. Jones & Co. for compensation (to RLV). (esw) (Entered: 09/14/1998)
09/08/1998 171 Final Report by receiver, Robert L. Coley. (esw) Modified on 09/17/1998 (Entered: 09/14/1998)
10/08/1998 172 Certified copy of ORDER of USCA RE: Appeal [167-1] is DISMISSED for failure to prosecute. USCA dkt no. 97-9335 (aet) (Entered: 10/13/1998)
10/22/1998 173 ORDER by Judge Richard W. Story: attys Ragsdale, Beals, Hooper & Seigler be allowed and paid atty's fees in the amount of $2,186.00 and reimbursement of expenses totalling $164.00 for services rendered, that Paul A. Jones, CPA, be allowed and paid accountant's fees of $2,980.00 and $112.36 expenses, Receiver is authorized to dispose of the computer and records of the dfts (cc) (pdw) (Entered: 10/23/1998)
08/02/1999 174 ORDER by Judge Richard W. Story, sealed material is to be returned to the submitting party (cc) (pdw) (Entered: 08/04/1999)
08/04/1999 Sealed doc return letter per [174-1] order to atty for dft Matthew Mizell, Richard Capriola, re: docs #82 & #88; to atty for Robert Coley, John Ragsdale, re: doc #138; to atty for dft Philip Dill, Sharon Cole re: doc #95 (pdw) (Entered: 08/04/1999)
08/09/1999 Acknowlegement of receipt of [174-1] order by Richard Capriola, atty for dft Mizell, w/consent to return sealed documents (#82 & #88) by regular mail; docs #82 & #83 returned to atty Capriola by regular mail (pdw) (Entered: 08/09/1999)
08/09/1999 Sealed documents [82-1] affidavit & attachment to [88-1] affidavit returned to atty Richard Capriola by regular mail (pdw) (Entered: 08/09/1999)
08/11/1999 Sealed doc return letter from John Ragsdale, atty for Robert Coley, w/consent to have document ([138-1]) returned by regular mail (pdw) (Entered: 08/17/1999)
08/17/1999 [138-1] notice of filing (filed under seal) returned to atty John Ragsdale by regular mail (pdw) (Entered: 08/17/1999)
11/02/1999 Affidavit of Philip E. Dill (filed under seal w/[95-1] motion to file affidavit under seal) returned to atty Sharon Cole per [174-1] order, cmrrr. (pdw) (Entered: 11/02/1999)
12/14/1999 Acknowledgment of receipt of sealed materials by atty John W. Ragsdale. (pdw) (Entered: 12/15/1999)
05/02/2002 Plaintiff's exhibits from preliminary injunction hearing(s) destroyed pursuant to LR 79.1D(2). (jwe) (Entered: 05/02/2002)
PACER Service Center
Transaction Receipt
01/02/2012 14:59:20
PACER Login: XXX Client Code:
Description: Docket Report Search Criteria: 1:96-cv-00615-FMH
Billable Pages: 20 Cost: 1.60
Harr, you are very good at doing DD, can you dig into this some?
Thanks.
PS..Are you already on Pacer?
We already have 421.5 million shares pledged to remove Messrs. Lacle, Syed and Saleem from the board of directors. Mailings will be going out to large shareholders later this week. We will easily have a majority of votes and we will then remove them from their positions and replace them with competent individuals who will try to create shareholder value for all shareholders, not try to fleece shareholders.
For all of you haven't contacted me yet, please do. It's your company that is now worthless.
Dino A. Sawyer
savemichelex@gmail.com
Mr. Saleem pointed everyone to a 'draft audit' that he knew was never finished, thus it is worthless in terms of providing independent verification of anything that appears in the draft, while Mr. Kakani publicly releases a letter requesting that the shareholders select an independent firm to audit Pristine's books.
GOVERNOR'S OFFICE OF CONSUMER AFFAIRS' TELEMARKETING INVESTIGATION RESULTS IN ASSET FREEZE
ATLANTA, March 19 /PRNewswire/ -- The Governor's Office of Consumer Affairs Administrator, Barry W. Reid, announced today that in cooperation with the Federal Trade Commission, a Temporary Restraining Order was granted by Judge Frank M. Hull in the United States District Court, Northern District of Georgia. The order froze the assets of five corporations and five individual defendants who telemarketed magazine subscriptions using a prize promotion scheme. The court ordered a freeze on all known assets of the corporations. Windward Marketing, LTD., Genisis Marketing and Administration, Inc., Crestwood Enterprises, Inc., Wholesale Capital Corporation, Mega Magazines, Inc. The order also froze all known assets of the following individuals: Ronald "Ronny" Jay Pepper; Philip Edward Dill; Matthew Corbitt Mizell, Jr.; Sarfraz A. Tariq., and Sabir Saleem.
Is this the same Sabir Saleem who operated two companies that have filed for bankruptcy, and who now runs Michelex? The same Sabir Saleem who will not, or cannot, provide independent verification that for his claim (publicly made via PR and included in the 'draft' audit) that United Mortgage Bankers provided $3,000,000 in paid up capital and $10.5 million in investable funds to Michelex? The same Sabir Saleem who claims that Michelex provided $1,000,000 worth of funding to Pristine Pharma Coroporation even though the CEO of Pristine says that is false?
Harr, you are very good at DD. Could you please check into this and see if you can verify that the 'Sabir Saleem' noted in the article is the same 'Sabir Saleem' who just can't seem to verify that Michelex has the assets that he noted in PR's and private emails? It is securities fraud for a director or officer of a company to release 'materially relevant' information in order to induce investment if he knowingly releases false information.
ATLANTA, March 19 /PRNewswire/ -- The Governor's Office of Consumer Affairs Administrator, Barry W. Reid, announced today that in cooperation with the Federal Trade Commission, a Temporary Restraining Order was granted by Judge Frank M. Hull in the United States District Court, Northern District of Georgia. The order froze the assets of five corporations and five individual defendants who telemarketed magazine subscriptions using a prize promotion scheme. The court ordered a freeze on all known assets of the corporations. Windward Marketing, LTD., Genisis Marketing and Administration, Inc., Crestwood Enterprises, Inc., Wholesale Capital Corporation, Mega Magazines, Inc. The order also froze all known assets of the following individuals: Ronald "Ronny" Jay Pepper; Philip Edward Dill; Matthew Corbitt Mizell, Jr.; Sarfraz A. Tariq., and Sabir Saleem.
GOVERNOR'S OFFICE OF CONSUMER AFFAIRS' TELEMARKETING INVESTIGATION RESULTS IN ASSET FREEZE
It is not a question of whether you believe me, but rather do you believe Mr. Saleem or Mr. Kakani? Mr. Saleem who has never provided independent verification of the assets he claims are held by Michelex, who disconnected the phones, who never provided funding to Pristine, or Mr. Kakani who wants the shareholders to select an independent accounting firm to audit the books?
It's not a question of whether you believe me, but do you believe your own eyes when you read emails from Paritz & Company admitting that the audit was never completed? The audit that Mr. Saleem pointed everyone to as 'proof' that United actually provided $15,000,000 to Michelex.
Please contact me at savemichelex@gmail.com
Thanks
Dino A. Sawyer
Private Message.
Please contact me at savemichelex@gmail.com
Thanks.
Did you get my PM?
Thank you for all of the effort you put into this board!
There never was an 'official' Reverse Merger. A contract was signed, a Reverse Merger did not occur. In practical terms, the result was similar to a Reverse Merger.
A contractual agreement was consummated in 2010 between Michelex, a group of Michelex shareholders (including Michelex’ previous officer) and Messrs. Lacle, Shah and Syed in which approximately 388,000,000 shares of Michelex stock (consisting of 179,962,722 restricted shares that were unissued and held in treasury and approximately 208,551,488 unrestricted shares provided by the aforementioned shareholder group) were provided to Messrs. Lacle, Shah and Syed in exchange for $3,000,000 of paid up capital and $10,505,500 of investable funds held by United Mortgage Bankers, LTD. (Mr. Lacle received 84,582,479 restricted shares, Dr. Shah received 35,992,545 restricted shares and Mr. Syed received 59,387,698 restricted shares. The unrestricted shares were jointly held as a block of shares.)
Letter from Mr. Kakani to all shareholders.
The main body of this letter was also sent to Messrs. Lacle, Shah, Syed and Saleem.
Dear Fellow Shareholders:
I received the following email (see below) late last week. After reading it, I hope you will realize that the current situation at Michelex is untenable. There can be no doubt that what started off with such promise has turned into an unmitigated disaster for Michelex shareholders. The best possible outcome would be for Messrs. Lacle, Shah, Sayed and Saleem to accept the very equitable offer that has been presented to them. (This offer was outlined in my initial letter to shareholders.) If that offer is not accepted, I hope you will agree that it is time for the owners of Michelex (i.e., the shareholders) to change who runs our company. Please remember that Michelex is a public company, and as such, it is the shareholders who determine who should run our company on our behalf.
Please note that Mr. Kakani has suggested that Michelex shareholders choose an independent auditor to review and verify the financial information referenced in his letter. I have highlighted those sections in [BOLD].
Please contact me if you have any questions.
Sincerely,
Dino A. Sawyer
savemichelex@gmail.com
=======================================
from: VENKAT KAKANI vkakani@pristinepharmacorp.com
reply-to: vkakani@pristinepharmacorp.com
to: dino sawyer <XXX>,
date: Fri, Dec 30, 2011 at 12:25 PM
subject: Sabir's request for Pristine's accounts
Dear Mr. Sawyer,
I had a e-mail from Mr. XXX couple of days ago asking me if I have something to hide to provide quick books accounts to Sabir. Subsequently, yesterday I received an e-mail from Sabir asking for the quick books back up copy of the counts and the e-mail was copied to all the directors, Dr. Shah and the Michelex’ corporate attorney I came to know that Sabir has sent e-mails to select shareholders about this subject as well. Following is my reply to All: At the conclusion of this mail I have also provided authorization for you to publish this mail on the message board/s.
“The YTD 2011 Revenue of Pristine Pharma Corporation is: $279,547.89. Year End financial statements, when completed, will reflect the reconciled amounts of revenues, COGS, expenses and profits. Had the promised $1.0 million working capital funding from United Mortgage Bankers/ Michelex materialized anytime from July 1, 2010, Pristine Pharma could have completed most of the contracts & customer purchase orders and the sales revenue would have been in millions of dollars instead of the above.
Let me state the following facts, why it is not prudent on my part to send another back-up copy of quick books to Sabir directly, instead, insist on to provide the same to an independent auditor selected by the shareholders:
1. There is $13.5 million fraud and misrepresentations alleged against Sabir and the Board of Directors of Michelex by shareholders and prior owners of Michelex. I understand Sabir tried to deflect the attention of the shareholders by creating “false light” on me in the recent past. My firm belief is that his intention of asking the Quick Books copy at this time must be the same, to deflect the attention of shareholders. Other than this mal-intention on the part of Sabir, I failed to understand the relationship to his correcting the alleged $13.5 million fraud to a <$280,000 revenue accounts of Pristine. Ironically when the alleged fraud occurred, neither me nor Pristine were part of Michelex.
2. While I have nothing to hide, the Pristine Pharma accounts are accurate all the time and while the Pristine accounts are maintained by both Sabir and myself together, the following needs to be answered by Sabir as well to complete the accounts properly.
When I sent the backup copy of the QB accounts to Sabir earlier, he added, deleted and made changes to several entries: Notable are:
i) Sabir added account entries that reflect a $1,000,000 CD with # 17266 and an accrued interest on the CD entry as cash assets. I have never ever seen this CD or as a matter of fact, any other CD, I do not know the whereabouts of this CD, Sabir has the responsibility at least now to demonstrate with independent confirmation to shareholders (a) whether this CD exists or not. (b) the issuing bank of this CD (c) who is the beneficiary of this CD and (d) what are the terms of this CD.
*The merger agreement of Pristine with Michelex calls for the existence of this CD for the working capital purposes of Pristine along with other provisions, to make the said merger agreement effective. However, in the past 18 months, Michelex/ United Mortgage Banker did not provide the $1.0 million CD or the $1.0 million funds to Pristine to utilize for working capital.*
ii) Sabir has introduced to the rest of the Board members, in Oct-Nov 2010, that his friend Mr. Aikay Sheikh of Sunnyside capital from California was given the general contracting of retrofitting Pristine Pharma building in Massena. While Sabir and Mr. Sheikh refused to provide the exact accounting of these expenses to me to enter into Pristine’s books, Sabir has changed the accounting entry name from ‘Sunnyside Capital’ to ‘Loan from United Mortgage Bankers A/C-2.’ Sabir has the responsibility at least now to disclose to the shareholders his relationship with Sunnyside and amounts paid to Sunnyside for retrofitting the Pristine building and the complete accounting of the retrofitting costs.
The above are only couple of the several changes that Sabir has made without providing an explanation or evidence after receiving the quick books back up copy and without these explanations the accounts are not complete. Moreover I am not sure who Sabir has provided these changed quick books accounts using the backup copy! After coming to read Sabir’s mails to some select shareholders & the Board members and understanding his utter disregard to truth, his impudent ways of intentionally providing false information, his brazen attempts to deflect shareholders attention by falsifying information; it is prudent for me and for the good of all involved in Pristine & Michelex to release the FYE completed quick books back up copy to an independent accountant/ auditor selected by the shareholders. I will be copying this mail to all and the same will be provided to larger shareholders to make the matters transparent and I am providing Mr. Sawyer authorization to disclose this mail on the message board/s.”
Regards,
VENKAT KAKANI
PRISTINE PHARMA CORPORATION
“a Michelex (TS: MLXO) Company”
5, County Route 42
Massena, NY 13662
Cell Ph: 732-485-1400
Ph: 315-769-4444
Fax: 315-769-4446
vkakani@pristinepharmacorp.com
www. pristinepharmacorp.com
www.michelex.com
Dear Fellow Shareholders:
I received the following email (see below) late last week. After reading it, I hope you will realize that the current situation at Michelex is untenable. There can be no doubt that what started off with such promise has turned into an unmitigated disaster for Michelex shareholders. The best possible outcome would be for Messrs. Lacle, Shah, Sayed and Saleem to accept the very equitable offer that has been presented to them. (This offer was outlined in my initial letter to shareholders.) If that offer is not accepted, I hope you will agree that it is time for the owners of Michelex (i.e., the shareholders) to change who runs our company. Please remember that Michelex is a public company, and as such, it is the shareholders who determine who should run our company on our behalf.
Please note that Mr. Kakani has suggested that Michelex shareholders choose an independent auditor to review and verify the financial information referenced in his letter. I have highlighted those sections in [BOLD].
Please contact me if you have any questions.
Sincerely,
Dino A. Sawyer
savemichelex@gmail.com
=======================================
from: VENKAT KAKANI vkakani@pristinepharmacorp.com
reply-to: vkakani@pristinepharmacorp.com
to: dino sawyer <XXX>,
date: Fri, Dec 30, 2011 at 12:25 PM
subject: Sabir's request for Pristine's accounts
Dear Mr. Sawyer,
I had a e-mail from Mr. XXX couple of days ago asking me if I have something to hide to provide quick books accounts to Sabir. Subsequently, yesterday I received an e-mail from Sabir asking for the quick books back up copy of the counts and the e-mail was copied to all the directors, Dr. Shah and the Michelex’ corporate attorney I came to know that Sabir has sent e-mails to select shareholders about this subject as well. Following is my reply to All: At the conclusion of this mail I have also provided authorization for you to publish this mail on the message board/s.
“The YTD 2011 Revenue of Pristine Pharma Corporation is: $279,547.89. Year End financial statements, when completed, will reflect the reconciled amounts of revenues, COGS, expenses and profits. Had the promised $1.0 million working capital funding from United Mortgage Bankers/ Michelex materialized anytime from July 1, 2010, Pristine Pharma could have completed most of the contracts & customer purchase orders and the sales revenue would have been in millions of dollars instead of the above.
Let me state the following facts, why it is not prudent on my part to send another back-up copy of quick books to Sabir directly, instead, insist on to provide the same to an independent auditor selected by the shareholders:
1. There is $13.5 million fraud and misrepresentations alleged against Sabir and the Board of Directors of Michelex by shareholders and prior owners of Michelex. I understand Sabir tried to deflect the attention of the shareholders by creating “false light” on me in the recent past. My firm belief is that his intention of asking the Quick Books copy at this time must be the same, to deflect the attention of shareholders. Other than this mal-intention on the part of Sabir, I failed to understand the relationship to his correcting the alleged $13.5 million fraud to a <$280,000 revenue accounts of Pristine. Ironically when the alleged fraud occurred, neither me nor Pristine were part of Michelex.
2. While I have nothing to hide, the Pristine Pharma accounts are accurate all the time and while the Pristine accounts are maintained by both Sabir and myself together, the following needs to be answered by Sabir as well to complete the accounts properly.
When I sent the backup copy of the QB accounts to Sabir earlier, he added, deleted and made changes to several entries: Notable are:
i) Sabir added account entries that reflect a $1,000,000 CD with # 17266 and an accrued interest on the CD entry as cash assets. I have never ever seen this CD or as a matter of fact, any other CD, I do not know the whereabouts of this CD, Sabir has the responsibility at least now to demonstrate with independent confirmation to shareholders (a) whether this CD exists or not. (b) the issuing bank of this CD (c) who is the beneficiary of this CD and (d) what are the terms of this CD.
*The merger agreement of Pristine with Michelex calls for the existence of this CD for the working capital purposes of Pristine along with other provisions, to make the said merger agreement effective. However, in the past 18 months, Michelex/ United Mortgage Banker did not provide the $1.0 million CD or the $1.0 million funds to Pristine to utilize for working capital.*
ii) Sabir has introduced to the rest of the Board members, in Oct-Nov 2010, that his friend Mr. Aikay Sheikh of Sunnyside capital from California was given the general contracting of retrofitting Pristine Pharma building in Massena. While Sabir and Mr. Sheikh refused to provide the exact accounting of these expenses to me to enter into Pristine’s books, Sabir has changed the accounting entry name from ‘Sunnyside Capital’ to ‘Loan from United Mortgage Bankers A/C-2.’ Sabir has the responsibility at least now to disclose to the shareholders his relationship with Sunnyside and amounts paid to Sunnyside for retrofitting the Pristine building and the complete accounting of the retrofitting costs.
The above are only couple of the several changes that Sabir has made without providing an explanation or evidence after receiving the quick books back up copy and without these explanations the accounts are not complete. Moreover I am not sure who Sabir has provided these changed quick books accounts using the backup copy! After coming to read Sabir’s mails to some select shareholders & the Board members and understanding his utter disregard to truth, his impudent ways of intentionally providing false information, his brazen attempts to deflect shareholders attention by falsifying information; it is prudent for me and for the good of all involved in Pristine & Michelex to release the FYE completed quick books back up copy to an independent accountant/ auditor selected by the shareholders. I will be copying this mail to all and the same will be provided to larger shareholders to make the matters transparent and I am providing Mr. Sawyer authorization to disclose this mail on the message board/s.”
Regards,
VENKAT KAKANI
PRISTINE PHARMA CORPORATION
“a Michelex (TS: MLXO) Company”
5, County Route 42
Massena, NY 13662
Cell Ph: 732-485-1400
Ph: 315-769-4444
Fax: 315-769-4446
vkakani@pristinepharmacorp.com
www. pristinepharmacorp.com
www.michelex.com