Steve Saleen presents: 2010 SMS 460 Mustang
08-05-2009, 10:58 AM
#31
2nd Gear Member
Join Date: Mar 2008
Location: ny
Posts: 239
I just think its a bunch of ****. I read an interview with Phil Frank about how they went through the design process and they used a bunch of references to "DNA"... but frankly, anyone with any slab of intelligence can see, its the standard S281 body kit adapted to the new body style, and nothing else... dont **** in my hand and tell me its new, just admit to what your doing...
08-05-2009, 03:16 PM
#35
2nd Gear Member
Join Date: Mar 2008
Location: ny
Posts: 239
Steve Saleen Sells Out Chamco For the Chinese Car Manufactures-Heibei Zhongxing, ZX Auto North America International, Changun Chanlin Joint Venture & SMS Limited*
Friday, October 17, 2008, 02:32 PM
The Great American Auto Consumer Sell Out: What’s the bottom line to the Saleen/Ferla group fraud?
The Saleen/Ferla group sells out the American Auto consumer and the American Auto New car dealers! We recently read a November 7th edition of “Winding Way,” an auto news publication. That publication boasts that the Saleen/Ferla group and ZX Auto North America International will be selling the Grand Tiger Pick up and the Landmark SUV in the low twenty thousand range (approx. $22K)!! This is what they want to charge for an automobile that Chamco was going to sell a year ago for approx. a $14K MSRP if ZX Auto China lived up to their contractual market entry pricing (MEP) obligations!
As all readers should know the Saleen/Ferla group conspired with Heibei Zhongzing and the Changchun joint venture to break Chamco’s exclusive importation and distribution agreement with those Chinese auto manufactures.
Chamco’s exclusive importation contract provided the American consumer with a 20% lower MSRP than the lowest comparable brand name manufacture. The contract provided $1650 front end for New car dealers and a 40% gross profit margin for Chamco.
Now with the help of the Saleen/Ferla group the Chinese auto manufactures have formed ZX Auto International and have grabbed Chamco’s 40% margin for themselves and the Saleen/Ferla group. The American consumer will suffer as well as the New car dealers of ZX Auto NA. According to Chamco’s contract those same vehicles were to be sold for $14K and are now being offered by the Chinese through the Saleen/Ferla group’s ZX International in the low twenty thousand range. The New car dealers were supposed to buy these vehicles from ZX Auto North America for approx. $12.5K and sell to the U.S. consumer for $14K, now have to pay $19K for the same vehicle! The consumer has to pay $7K more for the same vehicle. That’s 40% inflation in one year; we don’t have that inflation rate in the U.S. The U.S. states needs to protect against these practices in these trying times. It’s a fraud on the American auto consumer and the ZX Auto New car dealers.
The Saleen/Ferla group got in bed with the Chinese auto manufacturers both of which are owned by the People Republic of China or their provinces and cities. The vehicles the Saleen/Ferla group proposes to sell are knock offs of the 1996 Toyota vehicles, they’re 4 cylinder diesels and the American public will suffer as will ZX Auto’s New car dealers. Of course no one will buy these vehicles because Toyota may restrain their sales. Saleen informed Mr. Daspin and others in February of 2008 at the NADA show, that he had stripped two new Toyota vehicles to attempt to utilize Toyota’s intellectual property as he was redesigning the ZX Auto China product!! Mr. Daspin now realizes that Mr. Saleen is not an originator of technology but rather a misappropriater of other automotive manufactures technology!
Saleen may represent himself as an icon but it is now obvious that he is only a “tuner” whose greed cannot be controlled. He recently signed a false declaration under penalty of perjury trying to convince the Court that Chamco was all a fraud. The only fraud was the Saleen/Ferla group fraud selling out Chamco to get rid of the stock holders for their own greed, personal interest and financial benefit. They had a small interest in Chamco (1%) so they decided to kill it and redirect the contract to a new company where they would have a greater interest and economic benefit.
Mr. Daspin has recently come to understand that there are serious questions about Chinese vehicle’s quality to begin with. On information of belief, recently, FAW (First Auto Works) China’s largest auto manufacture had a deal blow up with Mexico’s former President Salinas. Mr. Salinas had an exclusive importation agreement with FAW. He imported one thousand FAW vehicles into Mexico of which approx. 900 broke down in the first 6 months. Salinas canceled the agreement; he doesn’t want those cars in Mexico let alone the U.S. Good luck and good riddance to the Saleen/Ferla group. We will see them in court.
Steve Saleen has betrayed the United States and the New car dealers for money, greed and for power. He has perjured himself by falsely declaring that the ZX Auto North American exclusive importation agreement with ZX Auto China did not exist or was sham contract! He recently perjured himself and stated that Chamco was an entity designed by Mr. Daspin for his firms to receive fees. Any fees that his firms received were for services provided in the ordinary course of business and they provided value for Chamco. Steve Saleen, Mario Ferla, Thomas Del Franco and some of the other Ferla group board members were found to be “Unjust, unfair and downright dishonest,” and in breach of their fiduciary duties to Chamco by a New Jersey State Court Judge. The Judge did not find Mr. Daspin to be unjust, unfair or dishonest!
Every dealer that subscribed for shares of ZX Auto LLC #1 read the PPM and the exclusive importation agreement and they know the Chinese agreed to market entry pricing (MEP). At the end of that agreement there is a page which states what the Chinese manufacture’s costs were represented to be: $5,750 for the Grand Tiger pick up and $5,950 for the Landmark SUV. Applying that market entry formula and after deducting rebates and discounts would have permitted the dealers to sell those vehicles at the lower prices Chamco advertised. But in February 2008 the Chinese manufactures tried to obtain a much higher price for the vehicles than the contract obligated them to sell the cars for. Mr. Daspin would not participate in such a fraud because he knew that the dealers relied on market entry pricing. So the Saleen/Ferla group opened the door to help the Chinese break their contract with Chamco and steal Chamco’s 40% GPM by so doing.
The Chinese auto manufactures, in January 2008, also tried to shake Chamco down for $20MM which was NOT a Chamco obligation. Seeing this, the Saleen/Ferla group tried to ingratiate themselves with the Chinese auto manufactures and promised to destroy Chamco for their own personal benefits. They can scream from the top of the Empire State Building that they were trying to help Chamco get rid of Mr. Daspin and save Chamco but their actions are to put Chamco in an involuntary bankruptcy, to help the Chinese form their own importer and distribution network, and to raise the retail price of the cars from $14K to $22K in less than one year- Stealing the $7K from the American auto consumers and American New car dealers.
We will see about suing the Chinese Auto manufactures and the Saleen/Ferla group. They are trying to use Mr. Daspin as a red herring to hide the truth about their criminal conduct. How can they say in January 2006 they can manufacture both the pick and SUV for under $6K and now 2 years later they can’t manufacture the same vehicles for less than $14K? It’s a fraud!
The Saleen/Ferla group is attempting to defraud Chamco creditors. The Chamco brochures that were distributed at NADA 2008 event were prepared and approved by Thomas Del Franco, Mario Ferla, Martin Karo, Esq., Jack Pitluk, William Tally and others.
So far, the Saleen/Ferla group has had to forum shop 3K miles away from where Chamco/ZXNA operates. They filed a phony bankruptcy in California.
The best is yet to come.
Some of my very closet friends are citizens of Mainland China and for the most part the Chinese people have great integrity and honor. However, there is always bad apples in every bushel and Saleen is working with the bad apples and took advantage of Chamco.
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Friday, October 17, 2008, 02:32 PM
The Great American Auto Consumer Sell Out: What’s the bottom line to the Saleen/Ferla group fraud?
The Saleen/Ferla group sells out the American Auto consumer and the American Auto New car dealers! We recently read a November 7th edition of “Winding Way,” an auto news publication. That publication boasts that the Saleen/Ferla group and ZX Auto North America International will be selling the Grand Tiger Pick up and the Landmark SUV in the low twenty thousand range (approx. $22K)!! This is what they want to charge for an automobile that Chamco was going to sell a year ago for approx. a $14K MSRP if ZX Auto China lived up to their contractual market entry pricing (MEP) obligations!
As all readers should know the Saleen/Ferla group conspired with Heibei Zhongzing and the Changchun joint venture to break Chamco’s exclusive importation and distribution agreement with those Chinese auto manufactures.
Chamco’s exclusive importation contract provided the American consumer with a 20% lower MSRP than the lowest comparable brand name manufacture. The contract provided $1650 front end for New car dealers and a 40% gross profit margin for Chamco.
Now with the help of the Saleen/Ferla group the Chinese auto manufactures have formed ZX Auto International and have grabbed Chamco’s 40% margin for themselves and the Saleen/Ferla group. The American consumer will suffer as well as the New car dealers of ZX Auto NA. According to Chamco’s contract those same vehicles were to be sold for $14K and are now being offered by the Chinese through the Saleen/Ferla group’s ZX International in the low twenty thousand range. The New car dealers were supposed to buy these vehicles from ZX Auto North America for approx. $12.5K and sell to the U.S. consumer for $14K, now have to pay $19K for the same vehicle! The consumer has to pay $7K more for the same vehicle. That’s 40% inflation in one year; we don’t have that inflation rate in the U.S. The U.S. states needs to protect against these practices in these trying times. It’s a fraud on the American auto consumer and the ZX Auto New car dealers.
The Saleen/Ferla group got in bed with the Chinese auto manufacturers both of which are owned by the People Republic of China or their provinces and cities. The vehicles the Saleen/Ferla group proposes to sell are knock offs of the 1996 Toyota vehicles, they’re 4 cylinder diesels and the American public will suffer as will ZX Auto’s New car dealers. Of course no one will buy these vehicles because Toyota may restrain their sales. Saleen informed Mr. Daspin and others in February of 2008 at the NADA show, that he had stripped two new Toyota vehicles to attempt to utilize Toyota’s intellectual property as he was redesigning the ZX Auto China product!! Mr. Daspin now realizes that Mr. Saleen is not an originator of technology but rather a misappropriater of other automotive manufactures technology!
Saleen may represent himself as an icon but it is now obvious that he is only a “tuner” whose greed cannot be controlled. He recently signed a false declaration under penalty of perjury trying to convince the Court that Chamco was all a fraud. The only fraud was the Saleen/Ferla group fraud selling out Chamco to get rid of the stock holders for their own greed, personal interest and financial benefit. They had a small interest in Chamco (1%) so they decided to kill it and redirect the contract to a new company where they would have a greater interest and economic benefit.
Mr. Daspin has recently come to understand that there are serious questions about Chinese vehicle’s quality to begin with. On information of belief, recently, FAW (First Auto Works) China’s largest auto manufacture had a deal blow up with Mexico’s former President Salinas. Mr. Salinas had an exclusive importation agreement with FAW. He imported one thousand FAW vehicles into Mexico of which approx. 900 broke down in the first 6 months. Salinas canceled the agreement; he doesn’t want those cars in Mexico let alone the U.S. Good luck and good riddance to the Saleen/Ferla group. We will see them in court.
Steve Saleen has betrayed the United States and the New car dealers for money, greed and for power. He has perjured himself by falsely declaring that the ZX Auto North American exclusive importation agreement with ZX Auto China did not exist or was sham contract! He recently perjured himself and stated that Chamco was an entity designed by Mr. Daspin for his firms to receive fees. Any fees that his firms received were for services provided in the ordinary course of business and they provided value for Chamco. Steve Saleen, Mario Ferla, Thomas Del Franco and some of the other Ferla group board members were found to be “Unjust, unfair and downright dishonest,” and in breach of their fiduciary duties to Chamco by a New Jersey State Court Judge. The Judge did not find Mr. Daspin to be unjust, unfair or dishonest!
Every dealer that subscribed for shares of ZX Auto LLC #1 read the PPM and the exclusive importation agreement and they know the Chinese agreed to market entry pricing (MEP). At the end of that agreement there is a page which states what the Chinese manufacture’s costs were represented to be: $5,750 for the Grand Tiger pick up and $5,950 for the Landmark SUV. Applying that market entry formula and after deducting rebates and discounts would have permitted the dealers to sell those vehicles at the lower prices Chamco advertised. But in February 2008 the Chinese manufactures tried to obtain a much higher price for the vehicles than the contract obligated them to sell the cars for. Mr. Daspin would not participate in such a fraud because he knew that the dealers relied on market entry pricing. So the Saleen/Ferla group opened the door to help the Chinese break their contract with Chamco and steal Chamco’s 40% GPM by so doing.
The Chinese auto manufactures, in January 2008, also tried to shake Chamco down for $20MM which was NOT a Chamco obligation. Seeing this, the Saleen/Ferla group tried to ingratiate themselves with the Chinese auto manufactures and promised to destroy Chamco for their own personal benefits. They can scream from the top of the Empire State Building that they were trying to help Chamco get rid of Mr. Daspin and save Chamco but their actions are to put Chamco in an involuntary bankruptcy, to help the Chinese form their own importer and distribution network, and to raise the retail price of the cars from $14K to $22K in less than one year- Stealing the $7K from the American auto consumers and American New car dealers.
We will see about suing the Chinese Auto manufactures and the Saleen/Ferla group. They are trying to use Mr. Daspin as a red herring to hide the truth about their criminal conduct. How can they say in January 2006 they can manufacture both the pick and SUV for under $6K and now 2 years later they can’t manufacture the same vehicles for less than $14K? It’s a fraud!
The Saleen/Ferla group is attempting to defraud Chamco creditors. The Chamco brochures that were distributed at NADA 2008 event were prepared and approved by Thomas Del Franco, Mario Ferla, Martin Karo, Esq., Jack Pitluk, William Tally and others.
So far, the Saleen/Ferla group has had to forum shop 3K miles away from where Chamco/ZXNA operates. They filed a phony bankruptcy in California.
The best is yet to come.
Some of my very closet friends are citizens of Mainland China and for the most part the Chinese people have great integrity and honor. However, there is always bad apples in every bushel and Saleen is working with the bad apples and took advantage of Chamco.
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08-05-2009, 03:39 PM
#36
5th Gear Member
Join Date: Aug 2006
Location: Near Wash. DC Posts: 13,541
Posts: 2,497
Edit: I just read that article above and looked it up, it was written on the blog of the owners of Chamoco, not by an unbiased news source.
Also here's a summary from first hand accounts what happened in China this isn't completely accurate info from unbiased sources but points things in the right direction. In china there is a lot of corruption. Steve Saleen started working for a Chinese company Chamoco in a position and he did thousands of hours of work for them. They in turn skimmed money off of his salary illegally and the owners sabotaged Steve Saleen's own commission based efforts so that they could spend 10% of the companies funding on salaries for the owner. In response to this Steve Saleen set up a competitor company ZXAUTO and after Chamoco went bankrupt Saleen gave the intellectual property of Chamoco to his company ZXAUTO. This is legal. The only thing Saleen did which was bad was he sabotaged Chamoco to go bankrupt which was in response to skimming his salary and skimming company funds which is called embezzlement I believe, a common practice in China. So...
Steve Saleen is just a "mean" person to an embezzler.
If you think making a company go bankrupt on purpose is excessive because the company owners only stole money from you and sabotaged your job which included 66% retroactive salary bonuses for performance upon the first sale of a Chinese vehicle in America which never happened, it's worth mentioning that Steve Saleen had to buy $500,000 of the companies stock for the privilege of working for them. He was promised a salary of $22,000 a month (which his bonus would be added to retroactivly when he sold a vehicle). Saleen never got his sallary in full and he never recouped the fee he paid for the privilege of working.
Business as usual, and of course this is all Steve Saleen's fault.
Also here's a summary from first hand accounts what happened in China this isn't completely accurate info from unbiased sources but points things in the right direction. In china there is a lot of corruption. Steve Saleen started working for a Chinese company Chamoco in a position and he did thousands of hours of work for them. They in turn skimmed money off of his salary illegally and the owners sabotaged Steve Saleen's own commission based efforts so that they could spend 10% of the companies funding on salaries for the owner. In response to this Steve Saleen set up a competitor company ZXAUTO and after Chamoco went bankrupt Saleen gave the intellectual property of Chamoco to his company ZXAUTO. This is legal. The only thing Saleen did which was bad was he sabotaged Chamoco to go bankrupt which was in response to skimming his salary and skimming company funds which is called embezzlement I believe, a common practice in China. So...
Steve Saleen is just a "mean" person to an embezzler.
If you think making a company go bankrupt on purpose is excessive because the company owners only stole money from you and sabotaged your job which included 66% retroactive salary bonuses for performance upon the first sale of a Chinese vehicle in America which never happened, it's worth mentioning that Steve Saleen had to buy $500,000 of the companies stock for the privilege of working for them. He was promised a salary of $22,000 a month (which his bonus would be added to retroactivly when he sold a vehicle). Saleen never got his sallary in full and he never recouped the fee he paid for the privilege of working.
Business as usual, and of course this is all Steve Saleen's fault.
Last edited by Legion5; 08-06-2009 at 01:09 AM.
08-05-2009, 03:41 PM
#37
2nd Gear Member
Join Date: Mar 2008
Location: ny
Posts: 239
[QUOTE=esanger;6397557]Fleeced the chinese company he worked for? What's that all about??[/QUOTE
Thomason sues the Ferla group under the Federal Racketeer Influenced and Corrupt Organizations Act (“Rico”) 18 U.S.C. § 1962(c)*
Monday, August 18, 2008, 02:54 PM
On Friday August 15th, 2008 The Thomason Autogroup, LLC filed a civil RICO lawsuit against Mario R. Ferla, Jack Pitluk, Martin H. Karo, Steven Saleen, William Tally, Thomas Del Franco, Alex Miskov, Richard L. Kalika, and Alexander Keeler, alleging that those individuals exhibited, according to Thomason:
… “overarching purpose of illicitly gaining control of Chamco Auto and ZX Auto NA (ZXNA), usurping those entities’ corporate opportunities and ultimately driving those entities into bankruptcy so as to reap the benefits of those opportunities for their own individual personal gain.”
All of the ZXNA dealers that attended the 3/7/2008 and 3/20/2008 telephonic meetings heard many aspects of the conspiracy plan and to our knowledge none of them has joined the conspiracy and all of them can be witnesses in Chamco’s suit agaianst Ferla et al.
The Ferla group individuals are here and after referred as “Defendants”. The Thomason complaint goes on to state that the defendants failed to disclose to Thomason:
• “Their (Defendants) plan (was) to stage a corporate coup;”
• “Their plan to coerce members of Chamco's Board to resign;”
• “Their plan to populate the Chamco Board with members of the Ferla group...”
• “Their plan to strong-arm the majority shareholders of Chamco to ratify the ultra vires acts of the Ferla group in appointing Defendants Del Franco, Karo and Pitluk to Chamco's Board and granting Karo and Pitluk authorization as signatories on Chamco's bank accounts...”
• Their plan to use the illicitly gained signatory authorizations to Karo and Pitluk to wrongfully divert Chamco's funds...”
• “Their plan to illicitly prepare corporate resolutions purporting to remove Ronald Stella from Chamco's Board...”
• “Their plan to secure new office space, steal most of Chamco's employees, and purport to establish new headquarters for Chamco in Bridgewater, New Jersey;”
• “Their plan to divert Chamco's mail to the new Bridgewater office, in violation of in violation of 18 U.S.C. § 1341;”
• “Their plan to drive Chamco and ZXNA into involuntary bankruptcy and, ultimately, dissolution, …in order to extricate themselves from restrictive covenant and non-disclosure agreements; …in order to misappropriate the intellectual property developed and belonging to Chamco and ZX Auto NA through their homologation efforts...” (into the hands of the Chinese Manufactures- the Changchun Joint Venture and Hebei Zhongxing)
IT IS APPARENT THAT EVEN IF THE FERLA GROUP OBTAINED CONTROL OF CHAMCO THEY WERE DOING SO ONLY TO BANKRUPT IT IN ORDER TO GET OUT OF THEIR NON-COMPETES AND TO TERMINATE THE EXCLUSIVE IMPORATATION AND DISTRIBUTION AGREEMENT FOR THEIR NEW COPORATION AND FOR THE BENEFIT OF THE CHINESE AUTO MANUFACTURE AND FOR THE BENEFIT OF SMS LIMITED. TO STEAL CHAMCO’S AUTOMOTIVE ENGINEERING FIRM SO THAT THEY COULD GET WESTERN TECHNOLOGY WITHOUT GIVING UP THE EXCLUSIVE DISTRIBUTION RIGHTS.
The Thomason complaint further states the following:
...“the Defendants orchestrated a scheme to derail the business of Chamco and ZX Auto, extricate themselves from (personal) restrictive covenants and non-disclosure agreements, misappropriate the intellectual property developed and belonging to Chamco and ZX Auto through their homologation efforts, and divert Chamco's and ZX Auto NA's assets and business opportunities to a new company (ZX Auto International) or other enterprise in which they will be shareholders or otherwise derive substantial profit or receive substantial personal compensation.”
...“On August 4th, 2008, Automotive News reported that defendant Thomas Del Franco had left Chamco to assume the position of General Manager of worldwide sales for ZX International,” in violation of Judge Langlois order to do so.
...“usurp the corporate opportunity...”
...“While ostensibly these conference calls (the Ferla renegade tapes from 3/7/2008 and 3/20/2008) were intended to bring the dealers and distributors "up to date on your investments and interest in Chamco Auto," in retrospect, it is now apparent that they were merely in furtherance of Defendants' overall fraudulent scheme.” (to divert the dealer’s attention to Chamco and ZXNA as a red herring away from their scheme to bankrupt Chamco and ZXNA and steal the assets for their own new company and on the Ferla tapes they bribed ZXNA’s dealers by offering them free selling points if the dealers were willing to give up their investment in ZX Auto N.A.).
...“Having failed to take control through an improper Boardroom corporate coup (which the Superior Court Judge Langlois found them plain outright, unfair, dishonest in breach of their fiduciary duty to Chamco and ZXNA), Defendants resolved to drive Chamco and its related companies to their corporate graves through the use of carefully orchestrated involuntary bankruptcy petitions,” (and by fraudulently representing to dealers that Chamco and ZXNA did not conduct themselves properly when in fact the dealers had full disclosure(s) in ZX Auto LLC #1 Private Placement Memorandum drafts).
The Thomason Group pleads that the “RICO” Enterprise is the association in fact of Ferla, Pitluk, Karo, Saleen, Tally, Del Franco, Miskov, Kalika, and Keeler.
If any of my readers have information in respects to these acts please inform me. Any information that leads to the apprehension, conviction of any of the aforementioned Ferla parties will receive a reward.
The 1st Capital Corporation and Capital Corporation of America intend to file their own RICO lawsuit against Dennis Chen, the Ferla group and the Chinese Auto Manufactures- the Changchun Joint Venture and Hebei Zhongxing for aiding and abetting and conspiring with Dennis Chen to breach his duty and fiduciary to the 1st Capital Corporation and his respective Joint Venture partner(s) that are Chamco Auto shareholders and to steal 1st Cap fee that Chamco owed for services already rendered and to divert that cash flow for their own nefarious purposes until they kill Chamco off. Your assistance in this matter will be greatly appreciated.
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The Plot Thickens: Hebei Zhongxing and the Changchun Joint Venture Have Been Caught in the Ferla Group Conspiracy! *
Thursday, August 14, 2008, 09:17 AM
I recently received documentation which proves beyond a reasonable doubt that the Ferla group conspiracy was joined in by Hebei Zhongxing and the Changchun Joint Venture as co-conspirators “the enterprise”. It has become clear that the Ferla group was bribed by and bribed the Changchun Joint Venture to participate with each other in an attempt to force Chamco and/or ZXNA into an insolvency to try legitimatize their mundane attempt to terminate the exclusive importation and distribution agreement after Chamco/ZXNA spent $29MM living up to its contract.
It is the Chinese Auto Manufacture that is over 1 year late not ZXNA!
In a focused effort to try to support the self serving termination notice sent to ZXNA, regardless of whether or not Chamco and/or ZXNA prevail by having the involuntaries dismissed, it is my position and the position of the 1st Capital Corporation and Capital Corporation of America, that the exclusive importation and distribution agreement which 1st Cap created and it is still owed $4.5MM in fees and invested on behalf of its 1st Cap JVs an additional $3.6MM (total $8.1MM), that exclusive importation and distribution contract will remain in full force and effect.
Anyone trying to usurp will be added to Chamco’s complaint.
Chamco intends to amend its complaint against the Ferla group to include Hebei Zhongxing and the Changchun Joint Venture and add an additional RICO count naming the Hebei Zhongxing and the Changchun Joint Venture and their nominee joint venture with the Ferla group- ZX International Automotive, Inc. as THE ENTERPRISE.
I will launch a 1st Cap lawsuit against the same parties as a separate course of action for tortuous inference with my company’s contractual agreements, for aiding and abetting Dennis Chen, a 1st Cap partner to breach his duty and “fiduciary” to care and conspire with each other (i.e. the Ferla group, the Changchun Joint Venture, Sandy Keeler- the Banker) to steal the shares of Chamco that the 1st Cap partners owned and the cash flow that the 1st Cap and Cap Corp and the 1st Cap partners would have received (i.e. $50MM of equity build up and $400MM of market cap) for the Chamco Auto stock and for compensatory and punitive damages.
We have uncovered substantial mail and wire fraud, more than two predicate acts which is all that is required for RICO, and therefore Chamco and ZXNA stand a good chance of receiving mandatory treble in damages ($29MM x 3 = $87MM) and the Ferla group and its co-conspirators are collectable! Members of the group, on information and belief, have a net worth in excess of $470MM.
Mr. Hao the Chairman of the Changchun Joint Venture, Mr. Xiao Wei the Chairman of Hebei Zhongxing, and Mr. Robert Yu the President of Hebei Zhongxing (a Saleen co-conspirator) have all visited me in my home, made business promises to me and 1st Cap and Cap Corp in reliance 1st Cap and Cap Corp of America expended substantial time, resources and my efforts and investments in reliance thereon. This injustice will not be permitted to occur. I have invited the above to discuss a way for them to live up to the agreements.
It is time that foreign country’s companies learn to respect western intellectual property rights. They bribed some of Chamco’s Senior Executives and vice versa. They bribed ZXNA’s dealers by offering them free selling points (can you believe the dealers that invested $300K were propositioned on the Ferla renegade tape(s) that they recorded asking the dealers to go against the very company they invested in?!) and these Ferla clowns were selected to perpetrate the conspiracy they taped recorded the conspiracy with 44 dealer witness on the tapes they record! How dumb can you get!
I can assure all of my readers, that unless and until the Chinese Auto Manufactures recant and disaffirm the many acts inflicted on Chamco and ZXNA and its respective creditors and stockholders that I will not relent in pursuing them and any individual and/or entity that aid and abets them for all the torts and for the damages that has directly impacted against the 1st Capital Corporation and Capital Corporation of America and its respective 1st Cap Joint Venture partners that are Chamco Auto shareholders and for the torts they have created against Chamco and ZXNA.
My Belief on China
Regardless of the treatment and harm these two Chinese Auto manufactures have caused Chamco and ZXNA, I strongly believe in the Chinese people. But the Chinese Government must teach the companies that are operating under their powers to respect our laws. I believe in peace through commerce and I believe China is a great country.
My merchant banking firms are currently searching for other Chinese and Asian Auto Manufactures that are looking for an importation and distribution contract, where they will honor and respect the contract(s) that they execute with us and in return Chamco/ZXNA will build a foremost brand in the U.S., Mexico and Canada.
The SMS and Steve Saleen Conspiracy & Fraud
Steve Saleen is an important member of the Ferla group. More importantly he has defrauded Chamco and ZXNA. Steve Saleen’s personal service contract, which I participated in the preparation of, grants Chamco (through Chamco’s wholly-owned subsidiary SMS Limited, a Delaware Corporation) 50% ownership in SMS Limited. The consideration to be paid were as when and if ZXNA generates a profit in Mexico (of which Steve Saleen was ZXNA’s CEO and failed miserably in getting cars into Mexico and building a distribution network) a percentage of the profits were to go into SMS Limited and as if and when Steve Saleen took ZXNA public a portion of the earning would be invested. Steve Saleen failed in both; rather he conspired with the rest of the Ferla group and Chinese Auto Manufactures and with his friend from Ford, Robert Yu, to steal Chamco/ZXNA’s intellectual property, dealer network, business model and contract. While an officer of Chamco and ZXNA he schemed and conspired with the Chinese Auto Manufactures to figure out a way to disenfranchise Chamco and ZXNA. In retrospect it started since October 2007 as we found additional information leading us back beyond 3/3/2008 into October.
The NJ Superior Court Judge, Judge Catherine Langlois on 4/22/2008 found Mr. Saleen and his renegade cohorts to be unfair, dishonest and in breach of their fiduciary duty. Saleen was terminated on 3/3/08 when the Judge found he didn’t deserve to be an officer & director as a result of him being unfair, dishonest and in breach of his fiduciary. Saleen will not escape the web unless Chamco and ZXNA are recompensed for the damages and fraud that he and his cohorts has created; he and his wife, who I understand, participated in meeting with Jonathan Michael, Esq., Steve Saleen’s and SMS’ attorney until restitution is made. I promise to pursue them for as long as it takes using the court process to ensure that this man and his wife are brought to justice. He is nothing more than a “tuner” who uses other auto manufactures’ products to reverse engineer cars.
When we negotiated a deal with Saleen we thought that he would honor his fiduciary and duty to care. He never had an interest in Chamco and ZXNA and used them to obtain relationships and covertly separated & divided those relationships away from his employer while being an officer and director! Don’t be fooled be his laid back mannerism. Saleen diverted funds from Chamco for his own personnel benefit. He admitted on the Ferla renegade tape(s) while being paid exclusively by Chamco that he did things outside Chamco’s knowledge. If you ever buy a Saleen car make sure it is not a counterfeit.
I will pay a reward for any individual that has knowledge of any acts by the aforementioned conspirator(s) that perpetrated harm to Chamco and ZXNA.
The statements made here and above are my personal observations and I am making these statements in my name and not as an agent and/or representative of any company other than 1st Cap and Cap Corp.
[ view entry ] ( 144 views )
Stock Records of Chamco Auto*
Tuesday, July 29, 2008, 12:00 PM
On July 29th 2008, Judge Escala found that:
…“The stock records are prima facie evidence of ownership. There are no facts provided me that contradicts the records. I can not proceed on the presumption that the stock issued to the Daspin group is a fraudulent transfer. Therefore, I am led to conclude for the purposes of this report that the stock records, as set forth on the schedule attached, reflect the stock ownership…”
and that stock record demonstrate that my wife Joan Daspin and our family owns 46.84% and Ronald Stella and his corporation owns 12.50% for a total of 59.34%; They are the majority shareholders of Chamco Auto.
[ view entry ] ( 288 views )
Important Notice of Non-termination*
Monday, July 28, 2008, 12:00 PM
Certain Newspaper, Press Releases and articles have incorrectly stated that Hebei Zhongxing and the Changchun Joint Venture have terminated their contract with CHAMCO and ZXAUTO NA. This is not true!
On 4/22 the Honorable Judge Catherine Langlois gave Chamco Auto Special Fiscal Agent retired Judge Gerald Escala fact finding powers. Below is an excerpt of a filed order of the Superior Court of New Jersey Morris Docket No. MRS-C-27-08 order regarding Corporate Governance and the fact finding powers:
Judge Langlois gave Judge Gerald Escala – The Special Fiscal Agent:
…” ORDERED that the temporary Special Fiscal Agent shall* report to this Court and the Parties regarding the status of his functions performed under the provisions of this Order within 60 days of the date of this order;…” (*) With fact finding powers under 14A: 12-7 (4) and 14A: 14-5(e) and (b)
On July 25th 2008 the honorable Judge Gerald Escala found that the contract was not terminated:
…” As I had written earlier, your position (ZXAUTO China) regarding purported termination of the (CHAMCO and ZXAUTO NA) exclusive sales and distribution agreement has been and is being contested. In that regard, CHAMCO reserves all rights to the intellectual property provided to you for homologation of ZXAUTO vehicles and reserves its rights to pursue all remedies at law and in equity to protect its exclusive right to distribute ZXAUTO vehicles in North America…”
In Chamco Auto's Exclusive importation distribution and marketing agreement dated January 26th 2006 by and between CHAMCO and ZXAUTO NA and Hebei Zhongxing give ZXAUTO NA the right to assemble cars in any assembly facility that ZXAUTO NA decides to buid:
See Contract Pg. 2 Para. 2: …” ZXAUTO NA or an affiliate formed by it have the right to assemble such models (the pick-up or SUV) in the United States (including Canada, Mexico and Puerto Rico) and/or territory…”
Further, the contract between ZXAUTO China and CHAMCO expressly provides CHAMCO the right of most favored nation status meaning:
…” that Chamco has a first right on all production capacity of ZX Auto China and/or the Changchun Joint Venture...”
[ view entry ] ( 98 views )
Important Notice*
Tuesday, July 1, 2008, 05:00 PM
Chamco's exclusive contract with Hebei Zhongxing (ZX Auto of China) and the Chalin Changchun (ZX Auto Joint Venture) are still in full force and effect.
Please be advised on January 26, 2006 Chamco and ZX Automobile of North America (ZXNA) executed an exclusive importation, distribution and marketing agreements binding the two Chinese Manufacturing companies mentioned above, Chamco and ZXNA. Both manufactures are controlled by cities, provinces and the Peoples Republic of China (PRC). The contracts can not be terminated by either side for any reasons without going through a binding arbitration process in London, England.
Despite anything to the contrary, Chamco and ZXNA have refuted any allegation of termination by the Chinese automobile manufactures.
Chamco has expended over $25MM in reliance of the exclusive importation, technical cooperation and distribution agreements. It has provided over $20MM of fair market value intellectual property to ZX Auto of China and the Changchun Joint Venture. It has created an exclusive dealer network and a business model that represents intellectual property and has created Chamco's ability to be the low cost provider of importing, distributing, marketing, branding, advertising, service, parts and warranty services to import cars into North America.
Chamco and ZX Auto have filed as the exclusive importer and distributor of record for the above mentioned Chinese manufacture's cars. Chamco initiated over three hundred change orders and all of the required American technology to enable the Chinese auto manufactures to be able to pass US EPA emissions and safety tests once they satisfy the 1000 test series which was created by ZXNA and paid for by Chamco.
Chamco and ZX Auto are operating and are in contact with PRC officials to solve any disputes. Any individual and/or entities who tortuously interferes with Chamco and ZX Auto agrements or indirectly and/or directly aide any individual and/or entities to breach Chamco and/or ZX Auto agreements will most certainly become a party defendant in Chamco's current action against the Ferla group and Thomason, and in an action that my corporations, including 1st Capital, will file.
If anyone has knowledge with respect to these issues I will pay a reward for information that leads to a judgment and I will maintain that source as confidential. Be reassured that any individual and/or entities that use Chamco and/or ZX Auto's intellectual property which the ZX Auto China and Changchun Venture cars have within them will be subject to an injunction, restraining order, and suit, in addition to, theft of trade secretes and confidential intellectual property. Please CLICK HERE to contact me.
[ view entry ] ( 121 views )
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Thomason sues the Ferla group under the Federal Racketeer Influenced and Corrupt Organizations Act (“Rico”) 18 U.S.C. § 1962(c)*
Monday, August 18, 2008, 02:54 PM
On Friday August 15th, 2008 The Thomason Autogroup, LLC filed a civil RICO lawsuit against Mario R. Ferla, Jack Pitluk, Martin H. Karo, Steven Saleen, William Tally, Thomas Del Franco, Alex Miskov, Richard L. Kalika, and Alexander Keeler, alleging that those individuals exhibited, according to Thomason:
… “overarching purpose of illicitly gaining control of Chamco Auto and ZX Auto NA (ZXNA), usurping those entities’ corporate opportunities and ultimately driving those entities into bankruptcy so as to reap the benefits of those opportunities for their own individual personal gain.”
All of the ZXNA dealers that attended the 3/7/2008 and 3/20/2008 telephonic meetings heard many aspects of the conspiracy plan and to our knowledge none of them has joined the conspiracy and all of them can be witnesses in Chamco’s suit agaianst Ferla et al.
The Ferla group individuals are here and after referred as “Defendants”. The Thomason complaint goes on to state that the defendants failed to disclose to Thomason:
• “Their (Defendants) plan (was) to stage a corporate coup;”
• “Their plan to coerce members of Chamco's Board to resign;”
• “Their plan to populate the Chamco Board with members of the Ferla group...”
• “Their plan to strong-arm the majority shareholders of Chamco to ratify the ultra vires acts of the Ferla group in appointing Defendants Del Franco, Karo and Pitluk to Chamco's Board and granting Karo and Pitluk authorization as signatories on Chamco's bank accounts...”
• Their plan to use the illicitly gained signatory authorizations to Karo and Pitluk to wrongfully divert Chamco's funds...”
• “Their plan to illicitly prepare corporate resolutions purporting to remove Ronald Stella from Chamco's Board...”
• “Their plan to secure new office space, steal most of Chamco's employees, and purport to establish new headquarters for Chamco in Bridgewater, New Jersey;”
• “Their plan to divert Chamco's mail to the new Bridgewater office, in violation of in violation of 18 U.S.C. § 1341;”
• “Their plan to drive Chamco and ZXNA into involuntary bankruptcy and, ultimately, dissolution, …in order to extricate themselves from restrictive covenant and non-disclosure agreements; …in order to misappropriate the intellectual property developed and belonging to Chamco and ZX Auto NA through their homologation efforts...” (into the hands of the Chinese Manufactures- the Changchun Joint Venture and Hebei Zhongxing)
IT IS APPARENT THAT EVEN IF THE FERLA GROUP OBTAINED CONTROL OF CHAMCO THEY WERE DOING SO ONLY TO BANKRUPT IT IN ORDER TO GET OUT OF THEIR NON-COMPETES AND TO TERMINATE THE EXCLUSIVE IMPORATATION AND DISTRIBUTION AGREEMENT FOR THEIR NEW COPORATION AND FOR THE BENEFIT OF THE CHINESE AUTO MANUFACTURE AND FOR THE BENEFIT OF SMS LIMITED. TO STEAL CHAMCO’S AUTOMOTIVE ENGINEERING FIRM SO THAT THEY COULD GET WESTERN TECHNOLOGY WITHOUT GIVING UP THE EXCLUSIVE DISTRIBUTION RIGHTS.
The Thomason complaint further states the following:
...“the Defendants orchestrated a scheme to derail the business of Chamco and ZX Auto, extricate themselves from (personal) restrictive covenants and non-disclosure agreements, misappropriate the intellectual property developed and belonging to Chamco and ZX Auto through their homologation efforts, and divert Chamco's and ZX Auto NA's assets and business opportunities to a new company (ZX Auto International) or other enterprise in which they will be shareholders or otherwise derive substantial profit or receive substantial personal compensation.”
...“On August 4th, 2008, Automotive News reported that defendant Thomas Del Franco had left Chamco to assume the position of General Manager of worldwide sales for ZX International,” in violation of Judge Langlois order to do so.
...“usurp the corporate opportunity...”
...“While ostensibly these conference calls (the Ferla renegade tapes from 3/7/2008 and 3/20/2008) were intended to bring the dealers and distributors "up to date on your investments and interest in Chamco Auto," in retrospect, it is now apparent that they were merely in furtherance of Defendants' overall fraudulent scheme.” (to divert the dealer’s attention to Chamco and ZXNA as a red herring away from their scheme to bankrupt Chamco and ZXNA and steal the assets for their own new company and on the Ferla tapes they bribed ZXNA’s dealers by offering them free selling points if the dealers were willing to give up their investment in ZX Auto N.A.).
...“Having failed to take control through an improper Boardroom corporate coup (which the Superior Court Judge Langlois found them plain outright, unfair, dishonest in breach of their fiduciary duty to Chamco and ZXNA), Defendants resolved to drive Chamco and its related companies to their corporate graves through the use of carefully orchestrated involuntary bankruptcy petitions,” (and by fraudulently representing to dealers that Chamco and ZXNA did not conduct themselves properly when in fact the dealers had full disclosure(s) in ZX Auto LLC #1 Private Placement Memorandum drafts).
The Thomason Group pleads that the “RICO” Enterprise is the association in fact of Ferla, Pitluk, Karo, Saleen, Tally, Del Franco, Miskov, Kalika, and Keeler.
If any of my readers have information in respects to these acts please inform me. Any information that leads to the apprehension, conviction of any of the aforementioned Ferla parties will receive a reward.
The 1st Capital Corporation and Capital Corporation of America intend to file their own RICO lawsuit against Dennis Chen, the Ferla group and the Chinese Auto Manufactures- the Changchun Joint Venture and Hebei Zhongxing for aiding and abetting and conspiring with Dennis Chen to breach his duty and fiduciary to the 1st Capital Corporation and his respective Joint Venture partner(s) that are Chamco Auto shareholders and to steal 1st Cap fee that Chamco owed for services already rendered and to divert that cash flow for their own nefarious purposes until they kill Chamco off. Your assistance in this matter will be greatly appreciated.
[ view entry ] ( 174 views )
The Plot Thickens: Hebei Zhongxing and the Changchun Joint Venture Have Been Caught in the Ferla Group Conspiracy! *
Thursday, August 14, 2008, 09:17 AM
I recently received documentation which proves beyond a reasonable doubt that the Ferla group conspiracy was joined in by Hebei Zhongxing and the Changchun Joint Venture as co-conspirators “the enterprise”. It has become clear that the Ferla group was bribed by and bribed the Changchun Joint Venture to participate with each other in an attempt to force Chamco and/or ZXNA into an insolvency to try legitimatize their mundane attempt to terminate the exclusive importation and distribution agreement after Chamco/ZXNA spent $29MM living up to its contract.
It is the Chinese Auto Manufacture that is over 1 year late not ZXNA!
In a focused effort to try to support the self serving termination notice sent to ZXNA, regardless of whether or not Chamco and/or ZXNA prevail by having the involuntaries dismissed, it is my position and the position of the 1st Capital Corporation and Capital Corporation of America, that the exclusive importation and distribution agreement which 1st Cap created and it is still owed $4.5MM in fees and invested on behalf of its 1st Cap JVs an additional $3.6MM (total $8.1MM), that exclusive importation and distribution contract will remain in full force and effect.
Anyone trying to usurp will be added to Chamco’s complaint.
Chamco intends to amend its complaint against the Ferla group to include Hebei Zhongxing and the Changchun Joint Venture and add an additional RICO count naming the Hebei Zhongxing and the Changchun Joint Venture and their nominee joint venture with the Ferla group- ZX International Automotive, Inc. as THE ENTERPRISE.
I will launch a 1st Cap lawsuit against the same parties as a separate course of action for tortuous inference with my company’s contractual agreements, for aiding and abetting Dennis Chen, a 1st Cap partner to breach his duty and “fiduciary” to care and conspire with each other (i.e. the Ferla group, the Changchun Joint Venture, Sandy Keeler- the Banker) to steal the shares of Chamco that the 1st Cap partners owned and the cash flow that the 1st Cap and Cap Corp and the 1st Cap partners would have received (i.e. $50MM of equity build up and $400MM of market cap) for the Chamco Auto stock and for compensatory and punitive damages.
We have uncovered substantial mail and wire fraud, more than two predicate acts which is all that is required for RICO, and therefore Chamco and ZXNA stand a good chance of receiving mandatory treble in damages ($29MM x 3 = $87MM) and the Ferla group and its co-conspirators are collectable! Members of the group, on information and belief, have a net worth in excess of $470MM.
Mr. Hao the Chairman of the Changchun Joint Venture, Mr. Xiao Wei the Chairman of Hebei Zhongxing, and Mr. Robert Yu the President of Hebei Zhongxing (a Saleen co-conspirator) have all visited me in my home, made business promises to me and 1st Cap and Cap Corp in reliance 1st Cap and Cap Corp of America expended substantial time, resources and my efforts and investments in reliance thereon. This injustice will not be permitted to occur. I have invited the above to discuss a way for them to live up to the agreements.
It is time that foreign country’s companies learn to respect western intellectual property rights. They bribed some of Chamco’s Senior Executives and vice versa. They bribed ZXNA’s dealers by offering them free selling points (can you believe the dealers that invested $300K were propositioned on the Ferla renegade tape(s) that they recorded asking the dealers to go against the very company they invested in?!) and these Ferla clowns were selected to perpetrate the conspiracy they taped recorded the conspiracy with 44 dealer witness on the tapes they record! How dumb can you get!
I can assure all of my readers, that unless and until the Chinese Auto Manufactures recant and disaffirm the many acts inflicted on Chamco and ZXNA and its respective creditors and stockholders that I will not relent in pursuing them and any individual and/or entity that aid and abets them for all the torts and for the damages that has directly impacted against the 1st Capital Corporation and Capital Corporation of America and its respective 1st Cap Joint Venture partners that are Chamco Auto shareholders and for the torts they have created against Chamco and ZXNA.
My Belief on China
Regardless of the treatment and harm these two Chinese Auto manufactures have caused Chamco and ZXNA, I strongly believe in the Chinese people. But the Chinese Government must teach the companies that are operating under their powers to respect our laws. I believe in peace through commerce and I believe China is a great country.
My merchant banking firms are currently searching for other Chinese and Asian Auto Manufactures that are looking for an importation and distribution contract, where they will honor and respect the contract(s) that they execute with us and in return Chamco/ZXNA will build a foremost brand in the U.S., Mexico and Canada.
The SMS and Steve Saleen Conspiracy & Fraud
Steve Saleen is an important member of the Ferla group. More importantly he has defrauded Chamco and ZXNA. Steve Saleen’s personal service contract, which I participated in the preparation of, grants Chamco (through Chamco’s wholly-owned subsidiary SMS Limited, a Delaware Corporation) 50% ownership in SMS Limited. The consideration to be paid were as when and if ZXNA generates a profit in Mexico (of which Steve Saleen was ZXNA’s CEO and failed miserably in getting cars into Mexico and building a distribution network) a percentage of the profits were to go into SMS Limited and as if and when Steve Saleen took ZXNA public a portion of the earning would be invested. Steve Saleen failed in both; rather he conspired with the rest of the Ferla group and Chinese Auto Manufactures and with his friend from Ford, Robert Yu, to steal Chamco/ZXNA’s intellectual property, dealer network, business model and contract. While an officer of Chamco and ZXNA he schemed and conspired with the Chinese Auto Manufactures to figure out a way to disenfranchise Chamco and ZXNA. In retrospect it started since October 2007 as we found additional information leading us back beyond 3/3/2008 into October.
The NJ Superior Court Judge, Judge Catherine Langlois on 4/22/2008 found Mr. Saleen and his renegade cohorts to be unfair, dishonest and in breach of their fiduciary duty. Saleen was terminated on 3/3/08 when the Judge found he didn’t deserve to be an officer & director as a result of him being unfair, dishonest and in breach of his fiduciary. Saleen will not escape the web unless Chamco and ZXNA are recompensed for the damages and fraud that he and his cohorts has created; he and his wife, who I understand, participated in meeting with Jonathan Michael, Esq., Steve Saleen’s and SMS’ attorney until restitution is made. I promise to pursue them for as long as it takes using the court process to ensure that this man and his wife are brought to justice. He is nothing more than a “tuner” who uses other auto manufactures’ products to reverse engineer cars.
When we negotiated a deal with Saleen we thought that he would honor his fiduciary and duty to care. He never had an interest in Chamco and ZXNA and used them to obtain relationships and covertly separated & divided those relationships away from his employer while being an officer and director! Don’t be fooled be his laid back mannerism. Saleen diverted funds from Chamco for his own personnel benefit. He admitted on the Ferla renegade tape(s) while being paid exclusively by Chamco that he did things outside Chamco’s knowledge. If you ever buy a Saleen car make sure it is not a counterfeit.
I will pay a reward for any individual that has knowledge of any acts by the aforementioned conspirator(s) that perpetrated harm to Chamco and ZXNA.
The statements made here and above are my personal observations and I am making these statements in my name and not as an agent and/or representative of any company other than 1st Cap and Cap Corp.
[ view entry ] ( 144 views )
Stock Records of Chamco Auto*
Tuesday, July 29, 2008, 12:00 PM
On July 29th 2008, Judge Escala found that:
…“The stock records are prima facie evidence of ownership. There are no facts provided me that contradicts the records. I can not proceed on the presumption that the stock issued to the Daspin group is a fraudulent transfer. Therefore, I am led to conclude for the purposes of this report that the stock records, as set forth on the schedule attached, reflect the stock ownership…”
and that stock record demonstrate that my wife Joan Daspin and our family owns 46.84% and Ronald Stella and his corporation owns 12.50% for a total of 59.34%; They are the majority shareholders of Chamco Auto.
[ view entry ] ( 288 views )
Important Notice of Non-termination*
Monday, July 28, 2008, 12:00 PM
Certain Newspaper, Press Releases and articles have incorrectly stated that Hebei Zhongxing and the Changchun Joint Venture have terminated their contract with CHAMCO and ZXAUTO NA. This is not true!
On 4/22 the Honorable Judge Catherine Langlois gave Chamco Auto Special Fiscal Agent retired Judge Gerald Escala fact finding powers. Below is an excerpt of a filed order of the Superior Court of New Jersey Morris Docket No. MRS-C-27-08 order regarding Corporate Governance and the fact finding powers:
Judge Langlois gave Judge Gerald Escala – The Special Fiscal Agent:
…” ORDERED that the temporary Special Fiscal Agent shall* report to this Court and the Parties regarding the status of his functions performed under the provisions of this Order within 60 days of the date of this order;…” (*) With fact finding powers under 14A: 12-7 (4) and 14A: 14-5(e) and (b)
On July 25th 2008 the honorable Judge Gerald Escala found that the contract was not terminated:
…” As I had written earlier, your position (ZXAUTO China) regarding purported termination of the (CHAMCO and ZXAUTO NA) exclusive sales and distribution agreement has been and is being contested. In that regard, CHAMCO reserves all rights to the intellectual property provided to you for homologation of ZXAUTO vehicles and reserves its rights to pursue all remedies at law and in equity to protect its exclusive right to distribute ZXAUTO vehicles in North America…”
In Chamco Auto's Exclusive importation distribution and marketing agreement dated January 26th 2006 by and between CHAMCO and ZXAUTO NA and Hebei Zhongxing give ZXAUTO NA the right to assemble cars in any assembly facility that ZXAUTO NA decides to buid:
See Contract Pg. 2 Para. 2: …” ZXAUTO NA or an affiliate formed by it have the right to assemble such models (the pick-up or SUV) in the United States (including Canada, Mexico and Puerto Rico) and/or territory…”
Further, the contract between ZXAUTO China and CHAMCO expressly provides CHAMCO the right of most favored nation status meaning:
…” that Chamco has a first right on all production capacity of ZX Auto China and/or the Changchun Joint Venture...”
[ view entry ] ( 98 views )
Important Notice*
Tuesday, July 1, 2008, 05:00 PM
Chamco's exclusive contract with Hebei Zhongxing (ZX Auto of China) and the Chalin Changchun (ZX Auto Joint Venture) are still in full force and effect.
Please be advised on January 26, 2006 Chamco and ZX Automobile of North America (ZXNA) executed an exclusive importation, distribution and marketing agreements binding the two Chinese Manufacturing companies mentioned above, Chamco and ZXNA. Both manufactures are controlled by cities, provinces and the Peoples Republic of China (PRC). The contracts can not be terminated by either side for any reasons without going through a binding arbitration process in London, England.
Despite anything to the contrary, Chamco and ZXNA have refuted any allegation of termination by the Chinese automobile manufactures.
Chamco has expended over $25MM in reliance of the exclusive importation, technical cooperation and distribution agreements. It has provided over $20MM of fair market value intellectual property to ZX Auto of China and the Changchun Joint Venture. It has created an exclusive dealer network and a business model that represents intellectual property and has created Chamco's ability to be the low cost provider of importing, distributing, marketing, branding, advertising, service, parts and warranty services to import cars into North America.
Chamco and ZX Auto have filed as the exclusive importer and distributor of record for the above mentioned Chinese manufacture's cars. Chamco initiated over three hundred change orders and all of the required American technology to enable the Chinese auto manufactures to be able to pass US EPA emissions and safety tests once they satisfy the 1000 test series which was created by ZXNA and paid for by Chamco.
Chamco and ZX Auto are operating and are in contact with PRC officials to solve any disputes. Any individual and/or entities who tortuously interferes with Chamco and ZX Auto agrements or indirectly and/or directly aide any individual and/or entities to breach Chamco and/or ZX Auto agreements will most certainly become a party defendant in Chamco's current action against the Ferla group and Thomason, and in an action that my corporations, including 1st Capital, will file.
If anyone has knowledge with respect to these issues I will pay a reward for information that leads to a judgment and I will maintain that source as confidential. Be reassured that any individual and/or entities that use Chamco and/or ZX Auto's intellectual property which the ZX Auto China and Changchun Venture cars have within them will be subject to an injunction, restraining order, and suit, in addition to, theft of trade secretes and confidential intellectual property. Please CLICK HERE to contact me.
[ view entry ] ( 121 views )
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08-05-2009, 04:57 PM
#39
2nd Gear Member
Join Date: Mar 2008
Location: ny
Posts: 239
Off topic! How he is selling a car that doesn't exist, he is using the name he sold, he scamed Us with bogus warranty promises and if what he did in china doesn't tell everyone the kind of person he really is I don't know what will. We are right on topic!!!
