Replies to post #100614 on Treaty Energy Corp. (fka TECO)
04/07/16 2:39 PM
04/07/16 2:51 PM
None of the Defendants’ “Uncontested Material Facts” are supported by citation to the record or any other materials.
It is apparent that Defendants totally failed to satisfy the movant’s burden as set out in Rule 56, Celotex, and Russ. The Defendants’ motion for summary judgment failed to point out an absence of proof on any factual issue. Similar to the motion before the court in Ashe v. Corley, “the motion failed to raise any factual issues at all, other than in the most conclusory terms.” 992 F.2d at 544. A mere conclusory statement that the allegations in the Complaint “did not happen” does not satisfy the movant’s burden. As a result, the burden never shifted to the SEC to go beyond the pleadings to show specific facts creating a genuine issue for trial,1 and the Court must deny the motion.
MONTGOMERY, ALABAMA (September 22, 2015) Hallie S. Dixon, District Attorney for the 28th Judicial Circuit, Baldwin County, Alabama; and Joseph P. Borg, Director of the Alabama Securities Commission (ASC) announced that Bruce Alexander Gwyn of Metairie, Louisiana; and James Anthony Ghio, of Fairhope, Alabama, were arrested by the Baldwin County, Alabama Sheriff’s Office following an indictment by an August, 2015 session of the Baldwin County Grand Jury in connection with alleged violations of the Alabama Securities Act. Gwyn turned himself in to Baldwin County officials on September 18, 2015 and was released on $20,000 bond. Ghio was arrested on September 12, 2015 and was released on a $20,000 bond. Both Gwyn and Ghio were required to surrender their passport Gwyn was charged with one count of Sale of Unregistered Securities, and one count of Sale of Securities by an Unregistered Investment Adviser. The securities registration charges are Class C felonies, punishable from one year and a day to 10 years’ imprisonment and a $15,000 fine per charge upon conviction. Additionally, Gwyn is charged with three counts of Fraud in Connection with the Sale of Securities; specifically, making an untrue statement of material fact or omitting to state a material fact and employing a device, scheme or artifice to defraud. The fraud charges are Class B felonies, punishable from two to 20 years’ incarceration and a $30,000 fine per charge upon conviction. Gwyn’s co-defendant, Ghio is charged with one count of Sale of Securities by an Unregistered Agent, a Class C felony, carrying a possible maximum sentence from one year and a day to ten years’ imprisonment and not more than a $15,000 fine per count upon conviction.
28. More specifically, in 2010, Gwyn caused Level III to: purchase a 24% membership interest in GAGA, LLC (a closely held company owned by Gwyn and one other individual and controlled by Gwyn), purchase a 23.08% interest in Doctor Henry, LLC (another closely-held company in which Gwyn had an interest), make multiple loans to Rare Cuts, LLC (an Andrew Reid-controlled company), make multiple loans to Rampant Leon Financial Corporation (also a Reid-controlled entity), purchase 1,400,000 shares in Treaty, and purchase 17,560 shares in Orpheum. By the end of 2010, Gwyn had caused Level III to stop nearly all futures trading.
29. In 2011, Gwyn continued to siphon funds from Level III to the same entities, ultimately divesting the fund of all holdings and positions in futures commodities. In 2011, Gwyn also caused Level III to purchase interests in Lodwick I, LLC, another company affiliated with Gwyn’s fraudulent scheme.
30. On information and belief, the transfers of the fund’s assets as described herein were disguised insider purchases of shares in Orpheum and Treaty. The various “investments” in private companies as described herein were merely false fronts, used to obscure the ultimate transfer of the fund’s assets by Gwyn into shares of Treaty and Orpheum, in order to artificially inflate the share prices of Treaty and Orpheum.
At the outset of the relationship with TREATY, TEXAS SANDS made it clear that capital was required to ensure viability of its production. TEXAS SANDS has covered the cost of getting its production on-stream and stabilized. We are confident that we should be in full operational production by October and that shareholders will begin to see the levels of production on or near those reported previously. This will also serve the company well in its plan to stabilize operations with consistent, predictable monthly revenue. (turned out to all be complete Bullshit!)
As to the outstanding issues with the TRRC...
There seems to have been some confusion as to the “legitimacy” of TEXAS SANDS RESOURCES LLC as a corporation due to franchise tax filings not being completed. This was an administrative oversight and has been resolved. (this was NEVER resolved... FRANCHISE TAX INVOLUNTARILY ENDED Link here: All of the assets formerly operated by C&C Petroleum Management LLC are currently in the process of being cleaned up by TEXAS SANDS. (more lies! Nothing was "cleaned up", in fact Tesarski REFUSED to comply with the order to plug the 3 wells on the Barnes lease) This is unfortunately an onerous and time consuming process as it is no secret to shareholders that there are significant outstanding issues with the TRRC. However, please be assured that we are working with TRRC and individuals in Abilene, TX with extensive TRRC background and experience to go through the issues and resolve them one at a time. Communication with TRRC is frequent and has been fruitful (LMAO!). We are confident that ALL outstanding TRRC issues can and will be resolved in time. To this end the McComas lease has been fully plugged and remediated. This lease is now no longer an obligation of TREATY and its shareholders. (This is another BIG FAT lie... The State of Texas plugged all the McComas wells because Chris Tesarski REFUSED to comply with the TRRC master default order to do so... The State of Texas will take Treaty to court for reimbursement payment of all the fines that are STILL outstanding to this day as well as for court costs.)
As promised, as of August 27, 2014, the company has officially engaged auditors to begin to undertake the process of bringing the company into regulatory compliance.
"I am relieved that we have been able to now fully engage in the process of getting our company into compliance," said Mr. Tesarski. "It has been my number one priority. I have promised this to shareholders and they deserve nothing less than a 100% commitment to compliance."
Provide A written explanation acceptable to the ERCB addressing the failure to respond and detailing steps to prevent future occurrences
Licensee required to pay security deposit and provide a written explanation acceptable to the ERCB addressing the failure to respond and detailing steps to prevent future occurrences.
Sandbox Energy Corp. failed to comply. Closure Orders No. C 1207 and C 1208 were subsequently issued.
Sandbox Energy Corp. submitted full payment of its security deposit. Miscellaneous Order No. MISC 2010-12A and Closure Orders No. C 1207A and C 1208A were issued. MISC 2010-12, C 1207, and C 1208 were rescinded. However, the licensee’s payment returned as “non-sufficient funds,” and Closure Orders No. C 1207B and C 1208B were subsequently issued.
Sandbox Energy Corp. failed to comply. Abandonment Orders AD 2010-48, AD 2010-49, AD 2010-50, and AD 2010-51 were subsequently issued.
Sandbox Energy Corp. failed to comply. ERCB is evaluating further actions.
The Panel notes that the site has not been reclaimed and accordingly the Surface Lease remains in effect. Submissions from the Applicants show that the Land cannot be farmed, and the Applicants are suffering full loss of use of the site.
Once the Operator’s rights have been terminated under subsection 36(5) of the Act and the annual rental has still not been paid, the Board finds it fair and reasonable for the Applicants to receive the full amount payable and accordingly directs the Minister to make the full payment of $7,800.00 to the Applicants in accordance with subsection 36(6) of the Act.
In the lawsuit, New Orleans resident George Demmas claims that Gwyn -- a childhood friend -- convinced him in May 2012 to invest $65,000 in a "fictional undivided interest in an oil well" on promises that he would earn $700,000 over 10 years in return.
That sale agreement was made through Rampant Leon Financial Corp. and signed by Reid, according to the lawsuit.
At Gwyn's urging, Demmas also decided to buy more than 810,000 shares in Treaty Energy for a total of $15,000 with an agreement that Demmas had to hold onto the shares for one year before selling them on the market, according to the lawsuit.
The lawsuit claims Gwyn "knowingly misrepresented material facts to and omitted material facts from" Demmas in both investments.
"In addition, Gwyn made continuing misrepresentations about the investments to induce plaintiff to hold the investments for a longer period of time than he otherwise would have and to delay plaintiff's actions in recovering or mitigating his losses," the lawsuit says.
Rather than the promised $3,000 or $4,000 per month, the lawsuit says, Demmas has received only a total of $700 on the oil well investment.
At one point, when Demmas complained about a lack of payments, Gwyn told him "that a supposed unnamed Russian investor had invested about $20 million in the investment and that Rampant needed to pay him back first before any of the other investors," the lawsuit says.
Meanwhile, Demmas' shares in Treaty Energy did not increase as Gwyn had promised, the lawsuit says, and Demmas couldn't find a brokerage firm willing to sell the shares after the one-year holding period.
Treaty Energy was trading Thursday at .0036 cents per share with a 52-week high of 4 cents per share.
Andrew V. Reid, Chairman and Chief Executive Officer of Treaty Energy Corporation, is pleased to announce the acquisition of the assets of Texas Sands Resources, LLC of Abilene, Texas (TSR). TSRs assets currently include ten (10) leases in the Texas 7B Oil District. These leases have a current, consistent and provable production of 25 BOPD (Barrels of Oil per Day). At current production levels, the Company anticipates that this acquisition will generate estimated revenues of $800,000 per year, with revenues expected to increase as the ten (10) leases are more fully developed. TSR also holds a number of additional lease opportunities that if completed, will be included in this purchase. The purchase price was $1,250,000.
Andrew V. Reid, Chairman and Chief Executive Officer of Treaty Energy Corporation, is pleased to announce the acquisition of the assets of Texas Sands Resources, LLC of Abilene, Texas (TSR). TSRs assets currently include ten (10) leases in the Texas 7B Oil District. These leases have a current, consistent and provable production of 25 BOPD (Barrels of Oil per Day).
A Metairie-based futures fund manager was suspended and his two companies permanently banned from the U.S. futures industry after allegations he misled investors, the regulatory National Futures Association said Friday.
Bruce A. Gwyn, of Metairie, the two firms' former principal, agreed to a seven-year withdrawal from membership in the National Futures Association, authorities said. His companies, Level III Management LLC and Level III Trading LLC, were barred.
The action came after the National Futures Association alleged that Gwyn willfully misled investors, including New Orleans area residents, by exaggerating the fund's value by the millions and using fund profits for personal expenses. Investors put their money in Level III Trading Partners LP, the commodity pool that the management firm operated.
The National Futures Association is a Chicago-based regulatory agency for the U.S. futures industry. Membership is necessary to conduct business on U.S. futures exchanges.
Gwyn could not immediately be reached for comment Friday. The NFA's decision says that Gwyn and his companies agreed to withdraw without admitting or denying any of the allegations.
According to the complaint, Gwyn told investors that the fund was valued at $1.7 million in December 2011 and $3.7 million in February 2012. The NFA said that in fact, the fund was invested in over-the-counter penny stocks worth at most $200,000 and stock in private companies that was worthless.
Gwyn used more than $200,000 from the fund on personal expenses including food, gas and spa services, according to the complaint.
National Futures Association also noted transfers to Gwyn's personal account that occurred soon after deposits came into the fund. For example, on Dec. 21, 2011, the fund received a wire for $44,000 from Alpine Securities Corp., a firm that held some of the fund's investments, the complaint alleges.
The next day, the fund transferred $44,000 to Gwyn's personal bank account, according to the complaint.
The remaining assets were in stock in privately held companies that "supposedly included oil and energy companies, a management company for businesses that own and operate specialty retail meat stores, and an entertainment production company that booked magic shows," the complaint says.
The report continues: "L3M and Gwyn failed to provide NFA with any current bank statements or other supporting documents from independent sources to demonstrate that the fund was actually invested in the above companies in 2011, and, if so, what the value of these investments were." The National Futures Association decided that those interests had no market value, despite the fund reporting the value at $650,000.
Gwyn would be required to pay a $50,000 fine before applying for membership after the seven-year disbarment.
Gwyn is listed as president, chief operating officer and director of New Orleans-based Treaty Energy Corp on the company's website. A message left at the company's office late Friday was not immediately returned.
He was also listed as a director of Axiom Global Properties, the New Orleans-based company that once operated under the name Orpheum Property Inc. and owned the shuttered Orpheum Theater. Disgruntled investors in that venture wrested control of the property in court last year and put it up for sale. A phone number listed on Axiom's website was disconnected Friday.
GRETNA – An Illinois-based financial services law firm is suing a Metairie man it claims did not pay him for services his business provided in representing him in a business complaint.
Peter J. Berman Ltd. filed suit against Bruce A. Gwyn in the 24th Judicial District Court on Feb. 26.
Peter J. Berman Ltd. alleges it was contracted by Gwyn to represent him in a complaint that was filed against him by the Business Conduct Committee of the National Futures Association. The plaintiff clams he provided a letter to the defendant explaining the fee and cost structure of their agreement and that the defendant never complained about the services that were provided to him. Despite providing legal representation to Gwyn that eventually resulted in a settlement that resolved the business complaint, Peter J. Berman Ltd. claims it was never paid the contracted fees owed.
The defendant is accused of failing to fulfill all his obligations, breaching the representation agreement and violating state law.
Damages in the amount of $179,828.79 is sought by the plaintiff.
Peter J. Berman Ltd. is represented by Thomas A. Roberts of New Olreans-based Barrasso, Usdin, Kupperman, Freeman & Sarver LLC.
The case has been assigned to Division E Judge John J. Molaison Jr.
Case no. 735-908.
NOTICE OF MEMBER RESPONSIBILITY ACTION AND ASSOCIATE RESPONSIBILITY ACTION:
On June 12, 2012, NFA issued a Member Responsibility Action ("MRA") against Level III Management LLC ("L3M") and Level III Trading LLC ("L3T")and an Associate Responsibility Action ("ARA") against Bruce A. Gwyn ("Gwyn") whereby:
1. L3M, L3T and Gwyn are suspended from NFA membership and associate membership, respectively, effective immediately and until further notice;
2. L3M, L3T and Gwyn, and any person acting on behalf of L3M and L3T, are prohibited from soliciting or accepting any funds from customers, pool participants or investors, soliciting investments for any managed accounts, pools or other investment vehicles, including the Level III Trading Partners LP ("L3LP" or "the Fund"); or placing any trades, except liquidation trades in L3LP or any other customer account or fund over which L3M, L3T and Gwyn exercise control;
3. L3M, L3T and Gwyn, and any person acting on behalf of L3M and L3T, are prohibited from disbursing or transferring any funds over which they or any person acting on their behalf exercises control (including bank, trading and other types of accounts), without prior approval from NFA; and
4. L3M, L3T and Gwyn are required to provide copies of this MRA/ARA by overnight courier or e-mail to all: a) customers; b) participants in L3LP; c) other investors; and d) banks, brokerage firms, and other financial institutions with which money, securities or other property is on deposit in the name of L3M, L3T, L3LP, or Gwyn or over which L3M, L3T, L3LP or Gwyn exercise control.
This action is effective immediately and deemed necessary to protect customers of L3M and L3T since L3M and Gwyn have misappropriated L3LP's funds and misled customers regarding the value of their investments in L3LP by providing customers with false and misleading performance information about those investments. Moreover, L3M and Gwyn appear to have acted in a manner that placed Gwyn's interests above the interests of his customers by knowingly investing the pool participants' assets in several investment ventures without adequately disclosing the investments' risky nature and Gwyn's relationship to them. In addition, L3M and Gwyn have not provided certain L3M customers with a current disclosure document ("DD") approved by NFA that adequately discusses the true nature of the Fund's investments. Lastly, L3M and Gwyn have failed to cooperate with NFA's investigation because they have refused to make Gwyn available in person to answer NFA's questions about L3M's and L3T's activities, and Gwyn and L3M have failed to produce requested records regarding the Fund's riskiest investments (i.e., all supporting documents for the Fund's asset balances).
The MRA and ARA will remain in effect until such time as L3M, L3T and Gwyn have demonstrated to the satisfaction of NFA that they are in complete compliance with all NFA Requirements.
9. As a person in a position of ownership or control of respondent at the time respondent violated Commission rules related to safety and the control of pollution, Bruce A. Gwyn, and any other organization in which he may hold a position of ownership or control, shall be subject to the restrictions of Texas Natural Resource Code Section 91.114(a)(2) for a period of no more than seven years from the date the order entered in this matter becomes final, or until the conditions that constituted the violations herein are corrected or are being corrected in accordance with a schedule to which the Commission and the organization have agreed; and all administrative, civil, and criminal penalties and all cleanup and plugging costs incurred by the State relating to those conditions are paid or are being paid in accordance with a schedule to which the Commission and the organization have agreed,
whichever is earlier.
10. As a person in a position of ownership or control of respondent at the time respondent violated Commission rules related to safety and the control of pollution, Lee C. Schlesinger, II, and any other organization in which he may hold a position of ownership or control, shall be subject to the restrictions of Texas Natural Resource Code Section 91.114(a)(2) for a period of no more than seven years from the date the order entered in this matter becomes final, or until the conditions that constituted the violations herein are corrected or are being
corrected in accordance with a schedule to which the Commission and the organization have agreed; and all administrative, civil, and criminal penalties and all cleanup and plugging costs incurred by the State relating to those conditions are paid or are being paid in accordance with a schedule to which the Commission and the organization have agreed, whichever is earlier.
Oil & Gas Division
General Information about Enforcement Orders and Natural Resources Code §91.114
Texas Natural Resources Code §91.114 contains provisions that apply to operators who have violated a statute or commission rule related to safety or the prevention/control of pollution. For purposes of this statute, a “violation” means that a commission order or court ruling has been issued in a matter following notice and opportunity for hearing, and that order or ruling has become final and all appeals have been exhausted. An order in such a matter is commonly referred to as an “Enforcement Order”.
In simplified terms, the statute applies when an Enforcement Order has been issued and the operator has not complied with that order. In that event, the statute prohibits the commission from accepting Organization Report renewals (Form P-5), certain permit applications (including Drilling Permits among others) and requests for Certifications of Compliance and Transportation Authority (Form P-4) for any wells it may operate. The statute also applies to the individuals in control of the company: any other companies controlled by a tagged person are similarly barred from filing with the Commission. Because an “Active” organization report is required for a company to conduct operations subject to the commission’s jurisdiction, the restrictions imposed by §91.114 effectively bar that company (and those who control it) from continuing those activities beyond the current P-5 year.
On Monday, reports from legitimate international news sources went viral with information that Treaty Energy had struck black gold or Texas tea in Beverly Hillbilly proportions. But like the defunct sitcom from the eighties, it seems that it was all just a badly written script. The news articles quoted Andrew Reid, co-chief executive chairman of Treaty Energy who claimed that the they have found about six million barrels of untapped oil near Independence Village in the Stann Creek District. Today the Prime Minister said that it’s simply not true. And as a matter of fact, the Chief Geologist couldn’t find a wet rock.
Dean Barrow
Our internal analysis indicates that the Stann Creek Field covers an area of around 350 acres, and with 4-acre spacing we would expect to drill up to 90 wells in this oil field. Based on our initial findings, we estimate there are about 5,000,000-6,000,000 Barrels of recoverable oil in place in this first finding."
Treaty Energy Corporation (“Treaty” or the “Company”) today reported drilling success on its first oil well, San Juan #2, in Belize, Central America. Treaty reached the initial pay zone of 1235 to 1290 feet and found hydrocarbons at this depth.
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