WHPO3, I have a few observations based on general experience, not specific knowledge of the facts here.
First, I'm not accusing Excel of any knowing misrepresentation. I don't expect him to know much about the realities of corporations (or LLC's), law practice, and liability from the construction trade. That's why I kept asking where the information came from until Pengy finally answered the question.
Second, it would seem to me unlikely to a high degree that Sporkin knows that he is being represented as an "officer," "director," "managing member" or any other control capacity of Elite. (I'm not sure if Elite is a corporation or LLC.) Lawyers and law firms have pretty good defenses to liability when they're just acting as lawyers. That goes out the window once they start managing a client as an officer or director. If a quarter of the things the bashers say about Elite are true (and the fact that the president of its predecessor went to prison for a stock scam is a pretty good indication that what they're saying is true in large part), then Elite is a walking liability bomb unless it has been redeemed and mended its ways. Some here have a religious propensity to credit redemption; I'm not one of them.
Third, if a lawyer has liability, the firm and his partners will pay. Exhibit A: Arthur Anderson. Different profession but same principle. Even if Sporkin didn't have enough sense or experience to avoid a management role with Elite, and he does, his partners would lynch him.
Fourth, it is a not uncommon phenomenon for slimeballs to "rent" the name of reputable lawyers. I'm sure Robert Vesco had prestigious counsel before he skipped. The lawyers may not be and probably are not aware of the way in which the client is using their name.
My conclusion: Elite hired Sporkin as outside counsel, and some flack at Elite made the rest up. Further conclusion: Elite's statements should be scrutinized with skepticism.