Why yes Slojab, Mr. Conte. I have contacted an individual who has spoken to Mr. Conte and from the sound of it, Mr. Conte will take these guys to justice one way or another and the end goal is he wants the company and from my understanding has the temerity and wherewithal to accomplish his goal. I also understand he already has businesses lined up once he acquires TMSH.
In that regard, I intend to watch and see what occurs.
From my understanding, Mr. Conte has won his case against the two perpetrators (Debtors)/(TMSH),(Klump Struckler and Dung Jackhead, (who shot themselves in both feet). My understanding as I stated before is that when taking assets out of a company before a final determination is made, is considered a Fraudulent Conveyance to prevent the Creditor (Mr. Conte) from receiving payment by the Debtors (Klump & Dung). Please note the sections in BOLD.
Oregon Law - www.oregonlaws.org/ors/95.230
Transfers fraudulent as to present and future creditors
In determining actual intent under subsection (1)(a) of this section, consideration may be given, among other factors, to whether:
(a) The transfer or obligation was to an insider;
(b) The debtor had retained possession or control of the property transferred after the transfer;
(c) The transfer or obligation was disclosed or concealed;
(d) Before the transfer was made or obligation was incurred, the debtor was sued or threatened with suit;
(e) The transfer was of substantially all the debtors assets;
(f) The debtor had absconded;
(g) The debtor had removed or concealed assets;
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(j) The transfer had occurred shortly before or shortly after a substantial debt was incurred; and
(k) The debtor had transferred the essential assets of the business to a lienor who had transferred the assets to an insider of the debtor. [1985 c.664 §4]
Wyoming Law - law.justia.com/codes/wyoming/2011/title34/chapter14/section34-14-205/
CHAPTER 14 - FRAUDULENT CONVEYANCES
34-14-205. Transfers fraudulent as to present and future creditors.
Universal Citation: WY Stat § 34-14-205 (1997 through Reg Sess)
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(i) With actual intent to hinder, delay or defraud any creditor of the debtor; or
(ii) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(B) Intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.
(b) In determining actual intent under paragraph (a)(i) of this section, consideration may be given, among other factors, to whether:
(i) The transfer or obligation was to an insider;
(ii) The debtor retained possession or control of the property transferred after the transfer;
(iii) The transfer or obligation was disclosed or concealed;
(iv) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(v) The transfer was of substantially all the debtor's assets;
(vi) The debtor absconded;
(vii) The debtor removed or concealed assets;
(viii) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(ix) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(x) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(xi) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
As you can see, from your earlier post, Struckler left the building so to speak thinking he could get away with "Fraud". I think not. Jackhead, I really do believe is too stupid to realize the situation he created for himself. Time will tell.
Struckler is probably running because of the conveyance and Jackhead still there thinking he will get away with conveyance.
Seems to me that once the proper authorities start looking into the "cash" business that they will stumble upon several improprieties.
If I am not mistaken, Slojab you have been stating this all along. Am I correct?
I for one will be watching periodically to see how things evolve of the next few weeks. What we need is someone with access to Pacer to publish the Court Public Documents so that we know exactly what the Judge's final decision was.