Bellow is posted the complete documents and filings of Rontan with no commentary, court rulings or responses by Plaintiff.
It’s always good to have only 1/2 of a story (sarcasm intended)
It is perplexing however that the same format was not used in presenting the documents and filings of GDSI.
IMO- if you take the time to read each of the MSJs both sides are basically asking the judge to rule on the merits of the case before it goes to trial/jury. It’s not unheard of. But it is very uncommon for such a ruling to be made when both sides are presenting conflicting versions of the same information. This is why we have trials and juries that will decide cases.
I don’t see the Judge granting any of the MSJs especially when there is material documentation that is still being withheld by the defendants ( documents under consideration, motion to seal).
There is also another filing being overlooked. An affirmative decision on the “in limine” would basically eliminate most of the grounds Rontan is asserting for MSJ for damages and may even put Rontan in an even more precarious position in how it presents the financial dealings of the Bolzan Brothers.
I would also point out that Rontans own filing shows that in Mr Dagrosa deposition, GACP pointed out and noted that KPMG uncovered 300-400m Reais (Brazilian currency) ~ $100m US. in suspicious tax filings by Rontan which raised his concerns surrounding the Foreign Corrupt Practices Act.
I have spoken to 2 prominent partners of international accounting firms and asked them for their thoughts on Mr Dagrosa’s statements. One is a corporate tax auditor, the other is a forensic audit specialist. Both said the same thing. The information raises red flags for tax evasion and or embezzlement.
I believe that this is the subject and reason for the attempted “sealing” of exhibits pertaining to Rontans MSJ. I also think this will be the reason Rontan ultimately agrees to a settlement.
Maybe Rontan hits the hail-marry and is granted one of their MSJs. It’s the very best they can hope for. With the discovery of possible fraudulent tax filings, it will only go down hill for Rontan from there.
Ultimately this case is shifting. It may very well be that if there were no other circumstances such as the suspected embezzlement/tax evasion Rontan would have a fair chance of defending its self against the original complaint.
The problem for Rontan is that it’s no longer just about the SPA and who may or may not have done this or that.
The outcome here will rest on how badly the Bolzan’s wish to keep their alleged financial shenanigans out of the light of day.
Light of day, Bolzan’s have nothing to hide = Trial, 50/50 chance to prevail, because all trials are 50/50 at this point.
Cover of darkness Bolzan’s wish to conceal their finances= mediation and settlement GDSI gets paid. $1- $??m.
I encourage everyone to read the filings entirely there is a lot of information there that sheds light on issues beyond the SPA.
