Replies to post #16466 on Universal Express Inc fka USXP

[scion]

I have an opportunity for your foreign fund. I would give a 50% return in 60 days. This foreign (swiss) company will be trading on two European Exchanges by that time.)

Doc 341-6 Extract
Page 1

our phone call Monday, January 14, 2008 10:47 AM From:

"Richard Altomare" <[e-mail]>
To: "michael xirinach" <[e-mail]>

I have an opportunity for your foreign fund.I would give a 50%return in 60 days.This foreign (swiss) company will be trading on two European Exchanges by that time.) would like to meet to discuss the companies to be acquired by this holding company.lf meeting is not possible,we can speak by phone anytime. Despite the ongoing legal case in the Appelate Court of which I am involved,this foreign investment is a fresh and completely separate investment vehicle.) will follow with one of the to be acquired entities business plans..As always ,you will find the professionalism and loyalty to my return guarantees.500,000USD traunches would be suggested until this company has created a corporate history similar to our personal one and then it can be increased.
[...]

Fwd: SkyPostal Business Plan Monday, January 14, 2008 11:11 AM

From: "Richard Altomare" <[e-mail]>
To: "michael xirinach" <[e-mail]>
SkyPostal Business Plan.eml (192KB)

As promised
Note: forwarded message attached.

Monday, October 22, 2007 1:30 PM
Forwarded Message: SkyPostal Business Plan
SkyPostal Business Plan
From: "Albert Hernandez" <[e-mail]>
To: [e-mail]
SkyPostal Business Plan 171u107.pdf (142KB)
[...]

Page 28

Monday, December 24, 2007 8:33 AM
From: "Richard Altomare" <[e-mail]>
To: "michael xirinach" <[e-mail]>

Divorces like unfair and unfriendly takeovers can raise havoc with our emotions during the Holiday Season.You may not yet see the wisdom of investing with my foreign company trading overseas,but you can still talk to me if you need a friend during the next few weeks.lRich
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Doc 341 Extract Part 3
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While pleading poverty to the Court, Altomare directed his attorney, defendant Chris Gunderson, to incorporate ENCORE HOLDINGS, Inc., entered into a lease of a virtual office, conducted negotiations to acquire a company operating in Florida, and offered an investment in the enterprise to at least one of the former investors in Universal Express. See attached deposition Exhibit 44. Altomare failed to disclose any of these activities in either the January 18, or February 4, 2008 hearings. While it is not illegal for Altomare to form a corporation, Response at 42-43, he is prohibited from offering securities when no registration statement is in effect or filed for the transaction, or serving as an officer or director of a public company.
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Part 7: 07/15/2008 Doc 339
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C. Altomare Current Business Activities.

The SEC's reference to a new business enterprise attempted to be started (emphasis on "attempted to be started") involving ENCORE HOLDINGS also does not help the Court and certainly does not contradict Altomare's often repeated and currently emphatically articulated representations, and the documentation of complete inability to pay now any more than what has been paid.

ENCORE HOLDINGS is a business that Altomare possesses a fundamental and constitutional right to initiate and pursue. It is currently beyond the purview of the SEC and any other federal governmental agency other than, perhaps, the Internal Revenue Service. It is no more than what he described it to be: "&#8230;a business which I (am) trying to get started." (SEC submission at 5). The leasing of space in New York (Depo. Ex. 42) is, with all due respect, meaningless. It is a lease of a virtual office, meaning telephone calls are answered and messages forwarded or available to be retrieved and mail is accepted for delivery. No other office space is leased. (Depo Ex. 42).

If Altomare did not disclose this early attempt at a new beginning, it is because no one asked. Even the SEC's Statement of Financial Condition, (DX-49) does not call for detailed descriptions. In section I.A.9 and 10 it merely asks for the value of either partnership interests or ownership interests in business. In section I.B. only assets or forms of ownership having a market value of greater than $1,000.00 need be articulated. Nowhere else on the form is information of a new beginning having no value, no income, required to be reported. There is simply nothing to report.

D. Altomare's Travels.

In further demonstration of Altomare's compliance and cooperation in full discovery and disclosure to the SEC, a copy of his passport was voluntarily produced immediately following the deposition. See ¶21, ante and DX-46. The passport confirms a 1 day trip to Turks and Caicos was made in 2002, six years ago. It also confirms that Altomare was never in Switzerland. Tickets that were purchased for travel to Switzerland in 2007 (SEC submission at 5D), were not used. A wire transfer to Coutts Bank Switzerland Ltd. in 2003 for $50,000.00 involves a five year old transaction the records for which have been in the exclusive possession of the SEC and the Receiver for 10 months. Altomare not recalling details relating to the transaction is meaningless compared to the SEC's exclusive access to the records and its obviously intentional decision not to address the subject in a written interrogatory which would have allowed Altomare 30 days time at a minimum to investigate. Besides, the records speak for themselves and Altomare has repeatedly denied any bank account other than those exhaustively addressed and whose records have been produced previously. It is an unfair assertion to make given the foregoing circumstances.

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07/15/2008 339 RESPONSE in Opposition re: 191 MOTION for Sanctions and Entry of Contempt against Universal Express, Altomare and Gunderson. Response to Plaintiff's Second Submission on Issue of Contempt and Second Motion for Relief from Contempt. Document filed by Richard A. Altomare. (Tifford, Arthur) (Entered: 07/15/2008)

[scion]

Altomare did not disclose to the SEC, or to the Court in hearings on contempt, his participation in a business enterprise called ENCORE HOLDINGS. When confronted with evidence obtained by the SEC through independent means, he acknowledged that it is a business which he is trying to get started. In November 2007, the company leased space in New York under arrangements made by Altomare and Chris Gunderson. [Depo. Exhibit 42]. Altomare’s failure to disclose this enterprise raises a clear question as to his candor with respect to his financial condition. Transcript 166-171.

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07/02/2008 338 STATUS REPORT. Plaintiff's Second Submission on Altomare's Contempt Document filed by U.S. Securities and Exchange Commission.
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Doc 322-22
Exhibit 42

OCR extract

Prime Office Centers Letterhead
44 Wall Street, New York, New York 10005 Phone :[phone] Fax [phone]]

June 23, 2008

Ms. Helen H. White
Enforcement Staff.
Security and Exchange Commission
Denver Regional Office
1801 California Street
Suite 1500
Denver, Colorado 80202-2656

RE: ENCORE HOLDINGS Lease agreement and other documents

Dear Ms. White:

I am responding to your letter to Charles Coy. I am a partner of the firm and Charles is our sales representative.

ENCORE HOLDINGS is a virtual tenant of Prime Office Centers, 44 Wall Street since November 2007. We only accept phone calls and mail on their behalf. All calls are put into phone mail for their retrieval. Mail is held and is picked up periodically.

I am enclosing a copy of their Business Identity Agreement, Postal Form, Chris Gunderson, Jr. drivers license and the face of three checks.

I trust this will satisfy your request.

Yours Very Truly

/s/Peter Pollack

Peter Pollack

[Brian Conklin]

Post #16466 (SCION) Have I heard of Encore Holdings, LTD., another of Mr. Altomare's 'Empty Shell Attempts'? The answer is 'Yes'. It is being set-up to deliver to the Frankfurt Germany Exchange another blow to the economic worldwide community.