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Gena Lee 05/13/2009 10:46:00 AM
Does anyone know who David Fieler is? And what's his role in the Scott Cole, Radical Bunny, Tom Hirsch, The Walder's, and Shah scandal?
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SHUT UP JACK 03/20/2009 6:26:00 PM
JACK:
Scott didn't look at his close friends as family, he looked at them as exactly what they were - close friends.
And Ashley did fill the void of Lois. If you knew Scott and more about his background, you would understand what I mean. But you don't understand...so why are you even commenting on this issue?
Know that Scott tolerated you for the sake of his friendship with Bobby. You didn't deserve Scott's friendship. You claim to have been a CLOSE friend of SCOTT'S...so why are you still gal pals with the woman who broke his heart? You are a liar just like Ashley. May you both be miserable together!!!!!
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Cunningham 02/09/2009 7:00:00 PM
Scott was a loan sharking scumbag. He banked on people that were not bankable, and could not obtain conventional financing. He was a pathalogical liar, and a good one his victims are defending him!!! His stories of "mob connections" and veiled threats, this clown had NO pull. Glad to see he finally DID THE RIGHT THING in the end.
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Cunningham 02/09/2009 6:58:00 PM
Scott was a loan sharking scumbag. He banked on people that were not bankable, and could not obtain conventional financing. He was a pathalogical liar, and a good one his victims are defending him!!! His stories of "mob connections" and veiled threats, this clown had NO pull. Glad to see he finally DID THE RIGHT THING in the end.
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Kambrell Again 02/05/2009 7:53:00 PM
Correction: I meant to say. "THE HARDSHIPS of which others do not speak."
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Kambrell 02/05/2009 7:48:00 PM
I think that everyone should just shut up. None of you (I do not care who you are) knew Scott, period. Do everybody a favor and get on with your own lives, instead of sticking your noses where they do not belong.
I, too, have a lot to say. But because I am a caring, empathetic person...I hold in the negative things because I realize that I may not know that hardships of which others do not speak.
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Sam 02/02/2009 7:21:00 PM
The article was informative but there was no mention of the fact that Scott had full time bodyguards and believed his life was in danger. There is probably a lot more to the story...and it is probably worth investigating. A lot of people are loosing money and so the story is not over and done with and the estate may owe money back to the company and investors. I hope to see further articles that are well investigated.
Sam
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Jack 02/02/2009 4:11:00 AM
A few more things for Shut up Molly. It would have been impossible for Ashley to have an affair with "the plastic surgeon" for a year before Scott died, I know this because they did not even know each other a year before he died. As for the $2million dollar wedding, that was Scott's idea and it did not cost that much. Once again you know nothing about Scott. As for the money Ashley received, none of your business. Ashley's does not support her family and never has. Her family does not need her support. Check your facts. The reason Ashley spends time with the children is because she wants to and they ask to see her. Once again, get your facts straight. You are a joke and know nothing about the lives of any of these people. What is your problem. I mean truly, what is your problem? You have so much anger for people you don't even know. I really think you should seek help, this much anger is not good for you. And once again, if I can clear up any of your misguided attempts to slander people, please let me know.
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Jack 02/02/2009 3:52:00 AM
Shut up Molly and Others:
You must not have know Scott very well to think Ashley was filling a void that his mother left. First, Scott did not get along with his mother and they did not have a good relationship, this is unfortunate but true. They had a strained relationship for years. As for the children, they love Ashley and she loves them. His siblings were a constant source of pain for him. He had no relationship with one of his brothers and very little contact with the other. As for his sisters, one he was not speaking to and the other is a complete joke. She is simply a mess. I write that because I read all about how upset his sibling are and they will miss him dearly. I doubt he would feel the same. People, if you are going to write things about other people maybe you should check your facts first. I find it repulsive that people feel the need to blame Ashley for something a grown man did to himself and his family. And by family I mean Ashley, his children and his close friends. Not the people that have been using his death as a sounding board for their own cause. The people that have been writing about Ashley being the cause of Scott's death are not worthy of this response, but here it is: Ashley loved Scott. Their relationship was just that, theirs. Perhaps the people feeling the need to hurl such vulgar comments should check their own pathetic lives and get some help. How dare you blame Ashley for something totally out of her control. Not one person writting this garbage knew Scott and Ashley. Scott was a man of great ego and that is what killed him. If there is anything else you morons need me to clear up for you, please let me know.
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Jack 02/02/2009 3:52:00 AM
Shut up Molly and Others:
You must not have know Scott very well to think Ashley was filling a void that his mother left. First, Scott did not get along with his mother and they did not have a good relationship, this is unfortunate but true. They had a strained relationship for years. As for the children, they love Ashley and she loves them. His siblings were a constant source of pain for him. He had no relationship with one of his brothers and very little contact with the other. As for his sisters, one he was not speaking to and the other is a complete joke. She is simply a mess. I write that because I read all about how upset his sibling are and they will miss him dearly. I doubt he would feel the same. People, if you are going to write things about other people maybe you should check your facts first. I find it repulsive that people feel the need to blame Ashley for something a grown man did to himself and his family. And by family I mean Ashley, his children and his close friends. Not the people that have been using his death as a sounding board for their own cause. The people that have been writing about Ashley being the cause of Scott's death are not worthy of this response, but here it is: Ashley loved Scott. Their relationship was just that, theirs. Perhaps the people feeling the need to hurl such vulgar comments should check their own pathetic lives and get some help. How dare you blame Ashley for something totally out of her control. Not one person writting this garbage knew Scott and Ashley. Scott was a man of great ego and that is what killed him. If there is anything else you morons need me to clear up for you, please let me know.
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Milly 01/26/2009 8:29:00 AM
Scott might have done some shitty things in his life, but that doesn't make him a bad man. He was a loving father and the way he interacted with his daughter, Haley, and his two sons Zach and Sam, he truly cared about them. He was troubled and lost, but, I bet that if he could change some of his actions, he would. It's messed up that he had to go and kill himself and bring this dark cloud over the family (minus Ashley). It's also messed up that some of you are glad that he committed suicide and that you make fun of it. No matter who you are, you should never fucking make fun of suicide. Put yourself in the shoes of his children, if they came on here and saw what you are writing about their father, they would feel like shit. I know that his daughter was ashamed of how he dealt with money and if she saw this, she would be so confused and put down by what some of you have written. Be considerate.
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Milly 01/26/2009 8:29:00 AM
Scott might have done some shitty things in his life, but that doesn't make him a bad man. He was a loving father and the way he interacted with his daughter, Haley, and his two sons Zach and Sam, he truly cared about them. He was troubled and lost, but, I bet that if he could change some of his actions, he would. It's messed up that he had to go and kill himself and bring this dark cloud over the family (minus Ashley). It's also messed up that some of you are glad that he committed suicide and that you make fun of it. No matter who you are, you should never fucking make fun of suicide. Put yourself in the shoes of his children, if they came on here and saw what you are writing about their father, they would feel like shit. I know that his daughter was ashamed of how he dealt with money and if she saw this, she would be so confused and put down by what some of you have written. Be considerate.
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Shut up Molly 01/12/2009 3:52:00 PM
Molly:
1. Ashley didn't bring joy into his life. She filled the void of his dead mother for a while, that was it. She took what she could get and then she left, to pursue a relationship with her girlfriend who'd she been keeping a secret for nearly one year before Scott's suicide.
2. She treated Scott's children like dirt. The only reason she's had anything to do with Zach is because she wants money. How pathetic, to take advantage of kid mourning the death of his father! All Ashley has ever wanted is money. Why do you think she's with a plastic surgeon now?
3. If Ashley brought so much joy into his life, then why was he so unhappy? Where was she when he was planning his suicide? Probably banging her girlfriend!!! Scott hovered over her making sure she was safe...and she couldn't do the same for him? After he gave her a $2million wedding, $5M for a wedding gift, a brand-new Mercedes-Benz, real estate, millions of dollars in jewelry, and supported her entire family!?
This is all just BS to me. Any dutiful, loving, HONEST wife would have been there for her husband when he needed someone to help him. Ashley brought all BUT JOY into the life of scott, and the lives of his children and other close loved ones.
Oh...and if Ashley loved Scott so much, then why is she fighting for the estate? She was removed from the will after Scott found out she was cheating on him. If she loved him so much, then she would respect his final wishes....But she doesn't care about Scott, and really...she never has.
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Molly 01/06/2009 6:46:00 PM
To the very few individuals who have addressed Mrs. Coles so heartlessly, it is glaringly obvious that the anonymity provided by this forum breeds cowardice, viciousness and poor judgement simultaneously. If you insist on spewing your vitriol in a public site, at least have the human decency to check the facts, know the person you are slandering, sign your name, and use spell check since it appears you are illiterate. You insipid twit of a woman. How sad it is that your own life is so empty you have resorted to attacking someone who brought so much joy to Mr. Coles' life. Undoubtedly you are the one who will suffer much unhappiness in the times ahead.
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aspy 11/03/2008 1:51:00 AM
ashley
you must be suffering from insomnia...i really don't know how someone like you could ever sleep again.
have fun carrying on your lesbian affair, while your husband lies rotting six feet under being eaten by maggets....BECAUSE OF YOU
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Scott we miss you! 10/12/2008 2:42:00 PM
MESSAGE FOR ASHLEY COLES:
How DO you sleep at night Ashley, knowing you were such a heartless woman? You killed Scott! You! You didn't show him any love, you wouldn't even kiss him! You fooled around on him. He gave you everything you could ever want, and you wouldn't even be a friend to him. You wouldn't sleep in bed with him, you ignored him when he was in a very low time of his life. You could have had the decency to at least be his friend for all he did for you and your parents, your uncle, and your whole family. But you couldn't even do that, you selfish woman. I know all about what you did to him, and I have no problems testifying in court for Fran and the kids. You are a shrewd, cunning person! Now you have Zachy living with you so you can have someone on your side for your court case! Taking advantage of a boy who just found his dad dead! I hope every day is misery for you! I hope you wither away and commit suicide yourself! How dare you try to take away the money from the kids, who do you think you are? May someone put a spell on you to destroy the rest of your life cause you deserve nothing, you're a worthless piece of trash. My hate will haunt you, and the hate of all who loved Scott. You did not deserve an ounce of love from him, and I hope his death haunts you for the rest of your worthless life. I hope you lose everything you ever received from him and that a man mistreats you and breaks your ugly heart, you bulgy-eyed disgusting "human" that you are.
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Heartbroken 10/12/2008 2:12:00 PM
MESSAGE FOR ASHLEY COLES:
How DO you sleep at night Ashley, knowing you were such a heartless woman? You killed Scott! You! You didn't show him any love, you wouldn't even kiss him! You fooled around on him. He gave you everything you could ever want, and you wouldn't even be a friend to him. You wouldn't sleep in bed with him, you ignored him when he was in a very low time of his life. You could have had the decency to at least be his friend for all he did for you and your parents, your uncle, and your whole family. But you couldn't even do that, you selfish woman. I know all about what you did to him, and I have no problems testifying in court for Fran and the kids. You are a shrewd, cunning person! Now you have Zachy living with you so you can have someone on your side for your court case! Taking advantage of a boy who just found his dad dead! I hope every day is hell for you! I hope you wither away and commit suicide yourself! How dare you try to take away the money from the kids, who do you think you are? May someone put a spell on you to destroy the rest of your life cause you deserve nothing, you worthless piece of trash. My hate will haunt you, and the hate of all who loved Scott. You did not deserve an ounce of love from him, and I hope his death haunts you for the rest of your worthless life. I hope you lose everything you received from him and that a man mistreats you and breaks your ugly heart, you bulgy-eyed disgusting "human" that you are.
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Heartbroken by this great loss 10/11/2008 3:01:00 AM
Scott was a beautiful person who helped a lot of people. If you knew him personally, you wouldn't even question him. I wish I could go back and see the signs, maybe I could have helped him. It's too bad all everyone cares about is money. Remember how for so long Scott made you all a lot of money? You loved him then! Like Solomon said, A rich man has a lot of friends. Look inside your hearts and see how your hatred has driven a man to the depths of despair, and now a daughter and two sons are left without their dad. Can we be human? When times are bad can we still be human??
It's also not true that the company wasn't regulated by the SEC - they were strictly regulated and Mortgages Ltd. had a whole compliance team in place to make sure that they were conforming to SEC regulations. In a market like this, however, there's not much anyone can do to stay afloat. Look at all the other companies around that are falling apart - and large companies that have more reserve. And they're ALL regulated by the Federal Gov't.
People, let's remember we are human. Have a heart. Pray for the family that was left behind. And reach out to anyone who is having a difficult time.
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Been There, Done That 08/31/2008 3:47:00 PM
It's just sad... another Arizona financial sinkhole.
Greed is a very dangerous force, and one to be feared and avoided.
The Bible says that a poor man in his integrity is wealthier than a man posessing great amounts of silver and gold.
I truly believe that.
The problem in this country, is that we have such a massively imbalanced distribution of wealth... with some superrich at the top posessing almost all of it... far beyond what they can spend or manage (unproductively tying up huge pools of stagnant capital), and then at the bottom, we have the poor who have little to no access to capital, and often cannot even afford to feed, clothe and house themselves.
I mean, it's just insane that we have one unhappy guy with dozens of houses, and then we have huge numbers of people and families in this country with no homes and living on the streets.
It's just wrong, and we would be well served to remedy and rectify these imbalances, by shifting our priorities, from the ceaseless accumulation of more and more wealth, far beyond our needs, to instead finding ways to help those among us who are less fortunate.
It's just a sad, sad situation, and totally unnecessary, if our people had been properly instructed in the principles of wise, equitable and humane wealth distribution.
We successful people of this wealthy nation need to reorient our priorities away from pathological and sociopathic wealth over-accumulation, and begin to focus on ways to help our fellow human beings, who are hurting and struggling in so many ways.
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hed38 08/30/2008 1:39:00 AM
GO TAMMY! I AGREE!
Jennifer should stop defending Ashley. I'm sure she means well, she's just looking out for someone who she thinks is her friend...but most people don't see the greedy AND HURTFUL side of Ashley because she doesn't want to make herself look bad.
Jen, if the money was unimportant to Ashley and she loved Scott SO MUCH, then why is she going against his last wishes and fighting for the estate? Scott left everything to Francine and his offspring! Not her! It is clear that Ashley doesn't care about Scott's family and wants everything for herself, as always. Scott knew she was a greedy, gold-diggin', good-for-nothin' TRAMP and that's why he took her out of the will!
HEY, ASH:
it looks like it's back to Mandalay Bay for you, homegirl!HA HA! Everyone knows you're BROKE again! Scott had the last laugh and now you're screwed, and everyone's laughing at you!
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Jennifer 08/20/2008 9:42:00 PM
Hey "Tammy", before you go off on Ashley, why don't you tell me just how much you personally know about her. First of all, don't tell her to go back to Vegas and try again. If you knew even a little bit about the person you are so boldy calling a gold-digger you would quickly learn that she is a mid-western girl from South Dakota. She was raised with proper roots, a proper work-ethic and the most basic common-sense ability to not judge people without knowing their story - a trait you apparently weren't blessed with. She truly loved Scott and Scott truly loved her. If you knew Ashley even in the smallest sense of the word, you would know that she wasn't with him for the material gifts he gave her, but for the love he gave her. Sometimes when the love is gone, gold-diggers would stick around, but people who want love alone need to move. Ashley never asked for anything, other than the occasional trips back to South Dakota and Minnesota to see her family and friends who love her for who she is, not what she married into. As a friend of hers, I'm completely appalled that people like you are blasting such a wonderful human being in their time of grief.
You refer to the fact that she walked out on him when things got tough. Do you, in fact, know that she had any knowledge of what was going on? Even his sister, friends and ex-wife couldn't tell you that they knew what was going on so what in your all-knowing mind makes you think she knew? Unless you are living in their household, you might be best to not judge what you do not know.
How dare you put the blood on Ashley's hands in this whole situation? Scott got himself into this situation and saw no way out other than death. It is a tragic situation, end of story. Let's not try to point fingers when the person who should be blamed is no longer here.
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Douglas Rejoiced 08/19/2008 5:33:00 PM
Another CROOK takes the easy way out. I hope he enjoys the heat down below, and no, it isn't a "dry heat" for eternity.
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The LIARS 08/10/2008 4:22:00 PM
Tom Hirsch and Hirish Shah still are trying to claim they never solicited investments! They are LIARS!! their attorney Freeman is also LYING for them. Tom and Hirish actively marketed and pushed people to keep putting money into Radical Bunny. ACC and SEC please don't listen to these liars they are now backtracking and lying to try to avoid going to Jail.
How do you raise $200 Million dollars without soliciting? these people are liars as the article says they may be even planning to leave the jurisdiction.
Tom and Hirish told people to mortgage their homes and put money into Radical Bunny, they solicited hardcore at the 'special meeting' they had on the Monroe project just weeks before Coles' death were they raised more money.
They are liars to say that the Orange Tree meetings were just to inform investors. They actively solicited at those meetings and in all other meetings.
The more you lie, the more you hide, the more you disgrace yourself with hiding behind the lawyers you have hired to lie for you, the more will come out.
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From the Arizona Republic Article:
http://www.azcentral.com/arizonarepublic/news/articles/2008/08/10/20080810radicalbunny0810.html#comments
Bankrupt lender at center of cash fight
Investors line up for Mortgages Ltd. assets
Catherine Reagor and Andrew Johnson
- Aug. 10, 2008 12:00 AM -
Practices questioned
Hirsch's ties to Mortgages Ltd. go well beyond lending money to the company.
Hirsch was personal accountant for both Scott Coles and his father, Charles, who founded Mortgages Ltd. in 1963. Charles Coles died in 1998. Many Radical Bunny investors also knew Hirsch because he was their accountant or knew their accountant.
Scott Coles also had named Hirsch his trustee, which put Hirsch in control of all of Mortgages Ltd.'s assets if something happened to Coles. It's not clear why, but shortly after Scott Coles' death, Hirsch stepped down as trustee.
The dealings between Mortgages Ltd. and Radical Bunny are now the focus of investigations by the U.S Securities and Exchange Commission and the securities division of the Arizona Corporation Commission. Both agencies are charged with enforcing securities regulations. While they don't confirm or deny investigations, The Arizona Republic has confirmed investigations are under way through attorneys, company insiders and investors with the firms.
Radical Bunny attorney Freeman said the company is cooperating with securities regulators and providing them information for their investigations.
Securities violations can lead to hefty civil fines and criminal charges that can result in jail sentences.
Investors, who have been approached in the investigations, say questions from regulators revolve around how investments were solicited, what investors were promised and whether the people leading the firms were licensed to take certain investments.
Hirsch is licensed as a certified public accountant with the Arizona State Board of Accountancy.
What could be an issue with regulators is that neither he, his accounting firm nor Radical Bunny is registered as a securities broker or dealer with the Corporation Commission or with the SEC.
How investors were approached and whether they were "accredited" could be two other important issues for regulators. The laws are technical and broad, but basically it's illegal to solicit investments in certain stock offerings or limited partnerships from people who aren't accredited. To be accredited, an individual or couple typically has to have a net worth of $1 million. Regulators require accreditation to protect consumers.
Speaking to a Republic reporter, Radical Bunny attorney Freeman said the group did not actively market to or solicit investors. He said Radical Bunny held periodic meetings for its investors to update them on the performance of their investments.
None of the principals of Radical Bunny returned phone calls. Neither Hirsch nor Shah would talk to a reporter who visited their accounting office last week.
Hirsch has remained largely out of sight and unwilling to talk since Coles' death. But he did attend last week's bankruptcy hearing. He was surrounded by investors and conferred with his attorneys during the hearing. When approached by a Republic reporter, he denied being Tom Hirsch and walked away.
Some Radical Bunny investors have expressed concerns to The Republic and Mortgages Ltd. investors and on blogs that Radical Bunny's principals might be preparing to leave the state.
Hirsch put his new Paradise Valley home on the market for $5.9 million, $400,000 less than he paid for it last November. The Walders also have their north Scottsdale home on the market for $1.2 million.
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Tammy 08/08/2008 3:47:00 PM
Well Ashley, How do you sleep at night knowing your part in this tragedy. Scott picked you up in Vegas and gave you everything. You really showed your true colors by saying that you and Scott were having a "trial separation". Well we all know now as did Scott that you had him asked for a divorce. Did you really thing you were going to leave him and take 1/2 of everything. I think it is just perfect that he may have been in love with you, but he was never STUPID. It is fitting that he excluded you from his will. You really thought that you would marry this sweet man and then take what you could, if there is anything positive to this tragedy it is this. Good luck with your lawyers trying to get anything, because we all know as did Scott that you were really after his money. Go back to Vegas and good luck on the next one. Try staying married a little longer because it is terribly obvious what your true intentions were. He needed you when times got real tough, and you walked, I am sure you were very committed from the beginning :(
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tammy 08/08/2008 3:25:00 PM
Say what you want to say, but please remember that Scott had a true heart. the money flowed in towards the end and bad choices were made. Am I the only one that thinks it is terrific that he was smart enough to screw over his new wife who thought she would divorce him and take half his money. Although.... only piece of the puzzle I think it is just great. She really thought she was just going to up and leave. Say what you want, but he was smart until his death. Ha Ha Ashley, your not going to get anything now. You up and left him when times got bad. He needed you and the support in his life at this time. You really proved that you intended to uphold your wedding vows. As far as I am concerned you should feel responsible for him feeling like he had nothing left. I cannot imagine how you can sleep knowing what your intentions were all along. Nothing but a gold-digger and he had the the last laugh. Now you can go back to Vegas where you came from. You had an opportunity to be a loving, committed wife, and you showed your true intentions and your true colors.
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BIG IMPORTANT GUY 08/07/2008 11:44:00 PM
SEE I CAN WRITE IN ALL CAPS TOO! MY WORDS CARRY WEIGHT! FEAR ME!
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Shawn 08/07/2008 11:05:00 PM
I forgot to mention that the "around the clock security" was not for Scott, but for his property. Mr. Dickerson seems to insinuate that Scott had a personal security detail. Not the case.
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Shawn 08/07/2008 11:02:00 PM
There are at least two glaring inaccuracies in this story. First - Scott DID NOT throw the Super Bowl party. Scott rented his property to the Hollyrod Foundation for the week. Everything that happened that week was orchestrated by the Hollyrod Foundation and their vendors, which included the private party coordinator called The Opium Group. The Hollyrod foundation is run by Holly Robinson and Rodney Peete. Scott did not even know how big a deal it was going to be until a couple of weeks prior to the event. All of the money paid for the use of the land during that week was donated to Scott's charities.
Second - Mr. Dickerson writes about Scott's "use of a private jet and the hiring of salaried personal employees, including around-the-clock security, more than a dozen groundskeepers, a personal assistant, and a executive assistant". The jet was a time-share that Scott could use when necessary. This is very common in the business world today. The "dozen" groundskeepers were actually employees of the single Landscape Architect that Scott employeed. The Personal Assistant had been with Scott for over ten years, and was an employee of Mortgages Ltd. She also doubled as the Office Manager. I hardly see that as extravagant The Executive Assistant position had also been in place for close to a decade. The position is currently occupied by my wife!
Write all you want about Scott's mistakes, eccentricities, and possible lack of fiscal integrity. Just please make sure that you have your facts straight. Tell the truth and let people judge for themselves. In addition to that, keep in mind that there is a possibility that Scott will receive some level of vindication when this is all said and done. Unfortunately, closure appears to be several years in the future.
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SEC INVESTIGATION 08/07/2008 3:39:00 PM
THE SEC AND ACC ARE COMING FOR MR. HIRSCH, MR. SHAH, AND THE WALDERS. RADICAL BUNNY LLC IS GOING TO BE PUT INTO BANKRUPTCY, THE END IS NEAR.
SOLICITING $200 MILLION WITHOUT A LICENSE, MANAGING $200 WITHOUT A LICENSE, MAKING MANAGEMENT FEES ON $200 MILLION WITHOUT A LICENSE, PROVIDING INVESTMENT AADVISORY WITHOUT A LICENSE, AND ON TOP OF ALL OF THAT - LYING TO INVESTORS -
THESE ARE SERIOUS CHARGES AND EACH ONE OF THEM CAN ALSO COMPILED AND BE CHARGED WITH MULTIPLE COUNTS AND INSTANCES OF WIRE AND MAIL FRAUD.
THE WHEELS ARE NOW COMING OFF THE TURNIP TRUCK.
BREAKING NEWS .................
August 07, 2008
Mortgages Ltd. faces securities inquiry
Ariz. lender under scrutiny over dealings with investors
by Catherine Reagor and Andrew Johnson - Aug. 7, 2008 12:00 AM
The Arizona Republic
Federal and state regulators have opened investigations into the dealings of Mortgages Ltd., Arizona's biggest private commercial real-estate lender, and the firm called Radical Bunny that lent it almost $200 million.
The U.S. Securities and Exchange Commission and the Securities Division of the Arizona Corporation Commission traditionally do not confirm or deny investigations. The Arizona Republic has confirmed the investigations through attorneys, investors and company insiders.
Under scrutiny in the Mortgages Ltd. and Radical Bunny case, according to investors contacted by regulators, is how investments were solicited, what investors were promised and whether the people leading the firms were licensed to take certain investments.
The SEC and state commission are charged with enforcing securities regulations. They investigate cases of suspected insider trading, the sale of unregistered securities, selling securities without a license, misappropriation of investors' money and the misrepresentation or withholding of information important to investors.
The securities investigation raises more questions about the business relationship between Radical Bunny and Mortgages Ltd.
Since Mortgages Ltd. was forced into bankruptcy June 23, the status of Radical Bunny's financing has been the source of heated arguments, lengthy court bankruptcy filings and investor fears of huge losses.
Radical Bunny attorney Shelton Freeman said the company is cooperating with securities regulators and providing them information for their inquiries.
Radical Bunny, led by Valley accountant Tom Hirsch, is Mortgages Ltd.'s biggest creditor. Mortgages Ltd. has 3,000 investors, and Radical Bunny has 900. Investors have not received dividend checks since June.
At question is whether Radical Bunny is a secured or unsecured creditor. An impending court decision on Radical Bunny's creditor status will have a major impact on how much investors get back.
If Radical Bunny is found to be secured, meaning its loans were backed by Mortgages Ltd.'s assets, the group will be first in line to get a cut of Mortgages Ltd.'s $350 million in assets. If not, the group's investors will get paid last along with dozens of other unsecured creditors such as office-supply and bottled-water vendors.
Mortgages Ltd. funded high-profile commercial developments from the Centerpoint towers in downtown Tempe to the Hotel Monroe in downtown Phoenix.
The suicide of the lender's chief executive, Scott Coles, on June 2 and Mortgages Ltd.'s subsequent bankruptcy filing have delayed some projects and put others in jeopardy.
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Jason K Himelstein 08/07/2008 12:02:00 AM
Scott was a crook, but he is dead and cant defend himself.
The REAL crook is a Phil Sollomi, who was a salesman, who hustled the usurious and criminal loans to folks who he KNEW were desparate.
Sollomi is a shrewd crook and got out when he saw the writing on the wall.
Sollomi always bragged how he "was killin'it" with the money he made.
Phil Sollomi is the guy who needs to be investigated.
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jmp 08/06/2008 11:07:00 PM
> CriticXtreme : For everyone that has reached millionaire
> and beyond status, a crime was committed to get them to
> this level.
This is, by far, one of the most moronic statements I have seen in a while. While there are cases of a few millionaires who were complicit in breaking laws to get their millions, the vast majority of people who get to that wealth level are decent, hardworking, and honest people who have never broken the law, or benefitted from someone breaking the law on their behalf. They just worked their little asses off.
Taking one example such as this and saying it 'proves your point' defies all rational logic. By that logic, all African Americans are murderers because of OJ, or all hispanics are felons because of the illegals, or all whites are criminals because of Ken Lay. Can you spell stereotype?
Learn some rational thinking, pal. It'll do you some good.
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Lies, and more LIES 08/06/2008 7:05:00 PM
The conspiracy to defraud continues as Mortgages Ltd. is now exposed for even lying on its own website. This company is a cesspool of manipulations, lies, frauds, and coverups that are continuing to take place to this very day.
Tom Hirsch, Harish Shah, and the Walders over at Radical Bunny are also hiding from the truth as well and they are trying to avoid an investigation of the files and records because it will expose how Hirsch was also potentially not just aware, but also tied into and participated in all of Coles actions which defrauded investors.
It will all come out no stone will be left unturned, no wire transfer will be left unchecked, no kickback will be left unaudited, no insider pay-off will be left a secret.
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Wednesday, August 6, 2008 - 11:06 AM MST
Mortgages Ltd. Web site report called a 'glitch'
Phoenix Business Journal - by Jan Buchholz
Mortgage Ltd.'s Chapter 11 bankruptcy attorney Carolyn Johnsen said Wednesday morning that a message posted Monday on the company's Web site was a "glitch."
But Chris Reeder, an attorney for developer Rightpath Limited Development Group, which is suing Mortgages Ltd., said the statement is designed to mislead the public.
As part of its ongoing bankruptcy process, Mortgages Ltd. has been communicating with investors and other interested parties through its Web site, which includes a status report. Monday's report said a motion filed by Rightpath asking for the case to be converted to a Chapter 7 liquidation and a motion filed by KML Development Group asking for a Chapter 11 trustee to be appointed were denied by a U.S. Bankruptcy Court judge late Monday afternoon.
Court records, however, show that Judge Randolph Haines ordered that the Chapter 7 and Chapter 11 trustee motions be set for scheduling during a status hearing Wednesday at 2:30 p.m.
"The false statement on Mortgages Ltd.'s Web site highlights why an independent trustee must be put in place immediately as current management's misconduct is only becoming progressively worse," Reeder said. "The story that a glitch magically wrote a statement for Mortgages Ltd. would be comical if the deception of the public was not so serious."
The message still on Mortgages Ltd.'s Web site reads: "Several of you may have heard or recently read that over the weekend attorneys for Rightpath filed an emergency motion for an order converting our case to a Chapter 7 bankruptcy or, alternatively, for an appointment of a Chapter 11 trustee. We are pleased to report that late this afternoon the court denied this motion."
Johnsen said that the statement was accurate in that no "emergency" hearing was set, though she confirmed that she expects that the two issues will be assigned hearing dates at Wednesday's status hearing.
The motions themselves were not denied by the judge, according to the court documents.
"Well, the last thing we want to do is mislead investors. I am sure this was just a glitch," Johnsen said. "(Mortgages Ltd. President) Rich Feldheim and his staff and mine have had countless meetings with many investors. So it is just not realistic to believe the company, which very much wants to pay these people, would try to mislead them."
Johnsen would not say who wrote the update on the Web site.
Mortgages Ltd. was one of Arizona's largest private equity lending companies before the death of its president and sole shareholder Scott Coles. He was found dead in his Camelback Mountain estate June 2. The Maricopa County Medical Examiner ruled the death a suicide.
Coles had been facing financial difficulties, but problems at the company escalated after his death. The company was forced into Chapter 11 reorganization bankruptcy by KML Development Group. Rightpath, KML, Grace Communities and Avenue Communities, all large local developers, claim that Mortgages Ltd. did not fully fund the loans they contracted.
Now borrowers, investors, creditors, Coles' family and others are fighting over the assets and the future of the company.
For Monday's story on the conversion motion: phoenix.bizjournals.com/phoenix/stories/2008/08/04/daily8.html?surround=lfn.
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Brian Fuller 08/05/2008 1:26:00 AM
I have been a ML investor since 1984 and I am sad to say that after all that has been posted here it seems that Scott turned this company into a giant fraud and ponzi scheme to make money for himself to support his extravagant lifestyle while all the investors were left out in the cold.
If even 10% of what has been said here is true this company will be shut down for good and we are going to get next to nothing back.
A Trustee must be appointed here because there is just to much evidence of wrongdoing and continued scamming by the insiders.
This is a sad day in the history of the Coles family and the State of Arizona.
It looks like this will be the scam that everyone will now compare future scam to much like the Baptist Foundation.
Good job Scott, you surpassed even your own desire to be a big shot, you will now live in infamy for ever as a stain on the record books of one of Arizona's greatest financial debacles.
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CriticXtreme 08/04/2008 6:47:00 PM
For everyone that has reached millionaire and beyond status, a crime was committed to get them to this level.
Your story on Scott Coles, "The Rise and Fall of Scott Coles" by John Dickerson was absolutely amazing and proves my point. Besides media whore, racist and law/justice manipulator, Sherriff Joe, in my book - Scott Coles is the forerunner and I nominate him for being the Valley's �er P.I.M.P. Laureate!
RIP - Scott!
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Mr. Ponzi 08/04/2008 6:01:00 PM
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
In re:
MORTGAGES LTD., an Arizona
Corporation,
Debtor.
Chapter 11 Proceedings
Case No. 2:08-bk-07465-RJH
DECLARATION OF C. PAUL
WAZZAN, Ph.D.
Attached hereto as Exhibit A is a true and correct copy of my report and its exhibits
thereto. To the best of my knowledge, information and belief, the contents of my report are true and accurate.
I declare that the foregoing is true and correct under penalty of perjury of the laws
of the State of California.
Executed this 3rd day of August, 2008 in Los Angeles, CA
By:
C. Paul Wazzan, Ph. D.
--------------------------------------------
DECLARATION OF C. PAUL WAZZAN, PH.D.
August 3, 2008
I. QUALIFICATIONS
1. I am a Partner with Resolution Economics, LLC, a firm that provides sophisticated analyses and consulting in matters involving economics, finance, and statistics. I received my Ph.D. in Finance from the Anderson Graduate School of Management at the University of California, Los Angeles in 1996. I received my B.A. in Economics from the University of California, Berkeley
in 1989.
2. I have published articles on topics such as the microstructure of equity markets, levels of informed trading, the use of statistics in labor economics, the effects of public policies on the availability of health care, and the impact of social investing on firm returns. I have also provided expert assistance in securities, antitrust, regulatory, complex damages and intellectual property matters, dealing with, among other industries, commercial aircraft, retail gasoline and petroleum products, semiconductors, communication electronics
and software, non-ferrous metals, banking and consumer products.
3. I have been an Adjunct Assistant Professor in the College of Business and
Economics, Department of Finance and Law, at California State University, Los Angeles and I have been a lecturer at the Marshall School of Business at the University of Southern California.
4. I am president and CEO of Wazzan & Co. Investment, LLC, a venture capital firm providing seed level funding to firms specializing in semiconductor, optical networking, bio-mechanical, bio-medical and related technologies.2
5. My resume, including testimony provided in the last four years, is attached as
Exhibit 1.
6. My opinions are based on the information received and work performed to date. To the extent that additional relevant information becomes available, the opinions set forth below may be affected.
7. In performing my analysis, I and my staff have examined documents filed in In re: Mortgages, Ltd., Case No. 2:08-bk-07465-RJH, pending in the United States Bankruptcy Court for the District of Arizona as well as other documents provided by counsel or otherwise accessed through public records. I may use any of the documents referred to above and any subsequently obtained documents or information, as well as summaries or exhibits based on these documents, as support for my opinions. If other relevant information becomes available, I may revise my report to incorporate or reflect this information. A list of the materials I have reviewed in connection with this assignment is included as Exhibit 2.
II. TASK ADDRESSED
8. I have been asked to review a set of financial records (I understand that discovery is ongoing) pertaining to Mortgages Ltd. (�MLtd�), Rightpath Limited Development Group, LLC and Maryland Way Partners, LLC(collectively �Rightpath�), as well as a group called Radical Bunny and to comment on whether there are observable irregularities which warrant the conducting of a more detailed forensic analysis of Mortgages Ltd., Inc and its activities.3
9. I have also been asked to determine preliminarily, based on the materials made available by MLtd through their filings with the court, whether they appear insolvent.
III. THERE ARE A NUMBER OF OBSERVABLE IRREGULARITIES IN THE PURPORTED DEED OF TRUST ASSIGNMENTS RECORDED BY MORTGAGES LTD. MAKING A DOLLAR BY DOLLAR FORENSIC ACOUNTING OF MORTGAGES LTD NECESARY
10. I have been provided with documentation publically recorded in relation to a loan consisting of three parts: 858406, 858506, and 859806. I have also been provided with subsequent purported assignments of the beneficial interest in the deeds of trust securing the loan. I note that I have received no documentation to indicate that there were any purported assignments of any interest in the promissory notes related to the loan.
11. Initially, Rightpath was the Trustor, with MLtd as the Beneficiary. A series of third parties (sometimes including MLtd) are then designated as the Assignee(s) to whom interests in the deeds of trust are assigned. As a fundamental premise, the total of the assignments at any given point in time should never sum to more or less than 100%. Moreover, no �assignor� should ever assign more interest than they own to an �assignee�.
12. My review of the purported assignments related to these deeds of trust indicates a series of irregularities as discussed more fully below.
A. 858406
4
13. There are several issues concerning 858406. First, over-assignments were made. �Diane Berman� and �John Schroeder, Trustee of the Mildred Shaw Living Trust dated October 11, 2006� both purported to assign greater interests than they in fact owned; see Exhibit 3. In fact, neither party appears to have owned an interest in the first place from which to subsequently assign. Second, the final tally at the end of all the assignments shows a total of 100%
assigned interest. This would imply that either: 1) the two over-assignment errors were offset by identical errors in the other direction, which seems highly implausible; or 2) an offset was purposely made. It is interesting to note that the assignee of these fictitious interests is MLtd. Based on the information available to me, I am unable to tell where the over-assignment was compensated for in order to get back to 100% � in other words I am unable to tell which investor has received a smaller interest than they should actually own. Finally, these errors do not appear to have been corrected.
B. 859806
14. My review of the assignments related to 859806 shows a similar pattern to 858406. First, there are again two over-assignments by �Amnon Kahane and Gailia Kahane� and �The Good - Ward Corporation, a Washington State Corporation.� In this instance both parties had in fact received interests, but not in sufficient amount to cover their subsequent assignment. It is interesting to note that the assignee of these fictitious interests is Opportunity Fund
MP17. Second, despite the over-assignments, the total still summed to 100%;
see Exhibit 4. Based on the information available to me, I am unable to tell where the over-assignment was compensated for in order to get back to 100%
� in other words I am unable to tell which investor has received a smaller 5 interest than they should actually own. Finally, these errors do not appear to
have been corrected.
C. The June 9, 2008 recordings on 859806
15. A comparison of the interests held by the various parties prior to the June 9, 2008 recordings recording dates indicates the following: 1) prior to those
recordings, the interest held by MLtd was 30.872% and there were no over- or under-assignments of interests; see Exhibit 5; and 2) on June 9, 2008, 205 assignments were recorded, some of which were over-assignments, resulting
in MLtd holding an interest of 9.805%; see Exhibit 3.
16. Within these assignments, the time difference between the effective and recording dates ranged as high as +144 days, or approximately 5 months, after the effective date, indicating that many of these recordings were significantly
backdated (i.e., the effective date is earlier than the recording date); see Exhibit 5. This seems irregular at best.
IV. THERE ARE A NUMBER OF IRREGULARITIES IN THE OBSERVABLE PURPORTED FINANCIAL INVESTMENT OF THE RADICAL BUNNY INVESTORS MAKING A DOLLAR BY DOLLAR FORENSIC ACCOUNTING OF MORTGAGES LTD. NECESSARY
17. On April 14, 2008, MLtd indicated that the Radical Bunny investors held notes for $176.649 million.1 In its July 18, 2008 filing with the Bankruptcy 1 List of Collateral for Notes with Radical Bunny, as of April 14, 2008. 6
Court, MLtd, represented that its total amount of mortgages held for investment and sale summed to $167.154 million.2 Furthermore, note that this last figure is significantly different than that indicated by just the Radical Bunny investors in their filing of July 17, 2008 - $197.232 million.3 The reconciliation of these figures would require a thorough investigation on a dollar by dollar and interest by interest basis to determine the actual correct figures.
18. Moreover, the outstanding amounts listed under Rightpath and Maryland Way, in particular, on April 14 and July 18 is shown in the table below.
Loan No. Borrower 4/14/2008 7/18/2008 net change
858406 Rightpath LDG, LLC $9,345,866 $8,596,555 ($749,311)
858506 Maryland Way Partners $319,260 $283,319 ($35,941)
859806 Rightpath LDG, LLC $6,994,488 $3,804,341 ($3,190,147)
Total $16,659,615 $12,684,215 ($3,975,400)
19. One can readily see that the positions allocated to Rightpath decreased by nearly $4 million from April 14 to July 18. So in effect, MLtd was representing to its investor Radical Bunny that they were holding an asset
larger than they reported to the Bankruptcy Court. Note that there is a difference of three months between the two sets of figures and one could hypothesize that Rightpath made principal payments on the loan such that the
outstanding amounts were reduced. I understand that this was not the case from discussions with counsel for Rightpath. One could also hypothesize that MLtd sold an interest in these loans to a third party, in which case a capital payment would have been made to the Radical Bunny investors to account for the associated reduction in interests held in those loans. However, this also
2 Official Form 6, July 18, 2008, Exhibit B.
1 Mortgages Held for Investment and Sale.
3 Form B10, Proof of Claim, July 17, 2008.7
does not appear to be the case, as MLtd indicates that only interest payments were made to Radical Bunny during the April to July 2008 time period.4 In light of this discrepancy, a full dollar by dollar forensic accounting will be necessary to determine the correct, if any, ownership interests.
V. MORTGAGES LTD APPEARS TO BE INSOLVENT
20. Prior to early June, 2008, MLtd�s business essentially consisted of raising money from investors for the placement of loans secured by real estate. MLtd also uses its own funds for loans that it originates.5 MLtd has loans
outstanding on approximately 70 projects. Some loans are made directly with money obtained from investors and others are made through Opportunity Funds where investor money is pooled into separate limited liability
companies.
21. MLtd claims that is has approximately $14 million in secured debt and almost $200 million in unsecured debt.6 It also claims that the principal assets of MLtd consist of its loans receivables and certain real estate assets with a combined book value of approximately $200 million. It is important to note that the more relevant figure with respect to these assets is the expected or actual market value as opposed to the book value. The market value is likely to be significantly less than the stated book value.7
4 Form B7, July 18, 2008, Exhibit 3b, Payments to creditors 90 days prior to filing date.
5 Omnibus Declaration of Laura Martini, 6/23/08.
6 I understand that there is some dispute as to whether the Radical Bunny debt is secured or unsecured.
7 MLtd also lists a loan receivable from SM Coles LLC for $5.5 million and its interests in the VPL and MP funds.8
22. On August 1, 2008, MLtd indicates that it has only $33,000 in cash which is insufficient to cover its barest expenses such as payroll, rent and utilities.8 Moreover, MLtd�s cash flow was negative as of December 31, 2007.9
Furthermore the proforma cash flow analysis provided by MLtd with their August 1, 2008 Motion for $5 million in financing (including $500,000 in immediate financing) indicates that cash flow will remain negative in each of
the subsequent five weeks and that MLtd will have cash on hand at the end of this time period of $25,277, or less than they have now.
23. In effect, MLtd will have added $5 million in debt, subordinated at least some of its existing debt, and in fact appears that it will be worse off at the end of
this five week period.
24. Finally, MLtd has represented that, at least for the moment, that they are not effecting new loans nor accepting new investments.10 Consequently, the observable negative cash flow which, absent additional borrowing, is insufficient to cover bare expenses, in conjunction with the representation that no new business will be transacted nor will new investors be brought in to provide additional capital, it does not appear that MLtd will become effectively solvent in the near future.
8 Expedited Motion for Approval of Debtor-in-Possession financing, August 1, 2008.
9 Mortgages Ltd. and affiliates consolidated statement of cash flows, year ended December 31,2007.
10 Mortgages Ltd. conference call, June 10, 2008.
9
VI. CONCLUSION
24. Based on my review of the records available to me I have determined that there are serious irregularities in the administration of the 859806 and 858406 purported deed of trust assignments. I have determined that over-assignments have occurred to the benefit of MLtd and the Opportunity Fund MP17.
25. I have also determined that there are important inconsistencies in the allocations of interest and dollar amounts to the Radical Bunny investors.
26. I have further determined that a number of the June 9, 2008 859806 assignments are backdated as much as five months and that these assignments in particular lead to over-allocations.
27. I have been able to review records for one loan out of approximately 70. Based on the significant irregularities, there is a high likelihood that the remaining loans may also contain further significant irregularities. Further, a full dollar for dollar accounting will be necessary to definitively explain the irregularities, the reasons, and the resulting financial consequences.
28. Based on my review of the records pertaining to the Radical Bunny investors, there appear to be significant discrepancies and questions as to what percentage interests are allocated to Radical Bunny investors, what the outstanding dollar amounts actually are, and whether their holdings and interests have been artificially manipulated by Mortgages, Ltd., Inc. to benefit
itself and other investors. 10
29. Based on my review of the financial records available in the Court filings, it appears that MLtd is effectively insolvent. They cannot meet their current cash flow requirements through operations, and the obtaining of additional debt financing appears to be only a stopgap measure. The proforma cash flow provided by MLtd clearly indicates a negative cash flow with no reasonable expectation of becoming cash flow positive in the near future based on the information that Mortgages Ltd. has provided and is otherwise available.
30. It has been suggested in some of the related court filings that MLtd �was collecting and disbursing investor funds for construction loans in a complex Ponzi scheme.�11 The results of my analysis, and the discrepancies and problems I have outlined above are consistent with this theory. In my opinion, a detailed forensic examination by a qualified independent third party with experience in such situations in conjunction with access to the relevant
and required documents as well as the exclusion of all individuals involved in the prior irregularities (to avoid any future potential for data manipulation) is the recommend course of action in order to address this question definitively.
Respectfully submitted,
C. Paul Wazzan, Ph.D.
August 3, 2008
11 Statement of Position of University & Ash, LLC, Roosevelt Gateway LLC et al., dated July 24,
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Joe Investor 08/04/2008 4:32:00 PM
Ponzi has some valid points, but I don't no enough of the details like he does. There are investors that have come forward to purchase ML. There is some good that can come out of this. Can anyone answer this question. How do you liquidate deeds of trust owned by multiple investors and the property owners themselves. The liquidation would be impossible. What needs to happen is that we need investors to come in and fund additional projects. Some of these investors have come forward, and this would probably be the best path. A chapter 7 liquidation will never happen.
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Eye in the Sky 08/04/2008 3:08:00 PM
AHHHH, Greed! One of the seven deadly sins! Tell me again, oh Gordon Gecko, about how greed is good. Ask Scott Coles family, ask the investors, ask the creditors just how good is greed? Looking forward to an answer that I haven't heard before.
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Mr. Ponzi 08/04/2008 10:07:00 AM
The facts are clear and those who deny them are, well simply put, in denial
Mtgs. Ltd operated as a Broker and middle man, it never should be compared to a "bank" Thats is a misnomer and a false and ridiculous comparison.
Frankly, Mtgs. Ltd. wasn't always operated as a PONZI scheme, and it was a solid company that was based on principals in lending established by Mr. Coles SR. (Scott's father - Charles J. Coles).
However, it all started to fall apart when Scott decided to play fast and loose with the capital and taking bigger and bigger risks to make himself bigger than life. (well we all know how the the story ends, but where did it really begin to unfold?)
The trace of when things started to go wrong lead directly back to when the Reg.D. funds were created. This was the doomsday money machine that Scott created that completely went against everything his father had set up.
Scott realized that if he could keep the mantra of "safe secure and consistent yields" in play on these newly created structures the money would flow in like a title wave. (and it did)
But here lies the inherent problem, if you have promised guaranteed yields to all these capital pools then someone has to pay those yields and if you don't get the money out in new loans then Mortgages Ltd. would have to pay for all this money just sitting around.
Thus, now you have the perfect storm and the unleashing of the money machine that would end up eating Scott, Mortgages Ltd. and all the investors.
As money flowed in Scott had now better put it out just as fast, and he sure did, on larger and larger loans, on less and less risk analysis and proper due diligence and underwriting mitigation standards. His own employees begged him to "SCOTT WE ARE TAKING TOO MUCH RISK WITH THESE LOANS AND FUNDINGS" "Scott Tom Hirsch is not licensed to keep raising all this money and getting paid fees" .... Did he listen, did he take the advise, did he think once about the investors? NOPE he did not, he was on the road to disaster and there was no turning back now as he was too far in to get out.
So what Scott created was a system where he was going to become rich and to hell with everyone else. (The investors, The borrowers, and the company itself that his father created) promise guaranteed yields = more money, promise you can fund anything = more deals, Charge the borrowers for money you haven't even sourced yet = more fees, and on top of it he was taking more and more out of the company and coming up with more clever ways to hide the portfolio problems that are an inherent result of shabby underwriting.
The machine kept going and feeding and spewing out money for Scott until news of portfolio issues started to leak out and trusted senior management started to leave and once the money started to slow down due to all of this, Scott ran out of "juice" to feed the machine and he knew that it was going to turn around and now all come crashing down.
There was no way out all he had done (funding interest reserve on bad deals to push them out to hide that there were bad, raising money on Centerpoint in a "special loan" and having his buddy Hirsch push it to his Radical Bunny investors as a 2nd loan with priority of payment over the 1st loan {and then using those funds to pay interest on the 1st loan which = a PONZI scheme} were all going to come out.
The portfolio had become a mixture of underfunded loans he could never fund that he enticed and induced borrowers to take so he could make fees, over funded loans that he kept feeding with interest to hide the problems and make fees for himself off the new interest reserve fundings, and simply bad projects that never should of been funded to begin with and he just did to keep money busy.
This is what you have here it is a scheme to defraud borrowers, creditors, and investors for the simple benefit of one man - SCOTT M. COLES -
Now do you understand why he decided to end it all vs. face what he had done and how bad he had destroyed his father's good name and the company he had created.
So you all want to claim that the borrowers and other creditors such as Radical Bunny have no rights and have not been victims of this scam .. well I guess it is your right to say it. Does it hold an ounce of weight in truth and reality ? ... NO it does not.
The investors will lose here and they will lose big, the creditors will lose also but may have pennies on the dollar to collect, and the borrowers have already lost with stalled projects and funds they were promised but could never be delivered to them.
Before people say that Mortgages Ltd. operated like a bank and was a good company and did nothing wrong and all the other things that have been posted, just ask yourself, is Mr. Scott Coles actions a sign of a person who has done nothing wrong, or is it the sign of someone who lost control of the perfect money making machine which was created to lie, cheat, and steal from everyone else to benefit himself.
Also, look at the actions of Laura Martini and Mr. Clemency after the fact. Are these the actions of people who are trying to just do the right thing?
A Chapter 11 Trustee is a must here, but probably the fastest way to get a resolution would be a Chapter 7 liquidation.
There is no value in staying in Bankruptcy if anyone thinks 18 to 24 months is what it will take, I suggest you go look at the USA capital case. At the peak legal fees for within the BK were running at $500K per week! The assets of the estate (what's left of them) will be depleted by professional fees and DIP financing fees. It will take 4 to 5 years alone just to get out of the Centerpoint loan if it can be every finished and if the units can be absorbed and if the debt service payments don't eat everyone alive.
Learn the Process, Understand what is going on and then maybe you can realize that what is going on here is a big joke and nothing will be left in the end for anyone if it's allowed to continue.
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Direct ML Investor 08/04/2008 2:42:00 AM
Yes, ML could have possibly made a loan commitment it could not deliver to RightPath. However, that should not allow RightPath to attempt to liquidate the direct investors Deeds of Trust that they legally own, to pay them. Right Path needs to reach a settlement with ML, and find the remainder of its financing elsewhere. RightPath is unable to pay on its loan commitment to ML, and that is why they have initiated this courtroom nightmare. I have been a Direct Investor of ML for four years, and I have received my interest payments consistently for four years. ML is not a PONZI scheme. It is a realy business...it is nothing more than a bank that provided short term bridge loans at higher interest rates.
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ML Direct Investor 08/04/2008 2:15:00 AM
I been a ML direct investor for four years, and I had excellent returns (averaging 10%) up until July 1, 2008. ML is not a "Ponzi Scheme." A Ponzi scheme entails abnormally high rate of returns (like 20%) and a promise for the return of a short period of time. When you disect ML at the end of the day it was a plan old bank. If ML failed to make loan commitments to RightPath, then thier beef should be just that..they shoudl not be allowed to put themselves in front of long time investors. RightPath is unable to pay its loan back to ML it is that simple. ML's assets out weigh its liabilities and if everyone would be patient and stop the courtroom fighing, we could all get our money back in 18-24 months. RightPath wants to bankrupt ML, so they won't have to pay back the money they did receive. Why doesn't Right Path settle with ML and go get the remainder of their money elsewhere? That sounds like a simple solution that would work. But instead RightPath wants to use litigation and big lawyers to avoid having to pay thier debt. None of you posters know all the facts, which will come to light very soon.
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Suicide is Bad 08/03/2008 8:29:00 PM
did someone say "frivolous" law suit?
I mean com'on people are really that stupid or just drinking some more of the kool-aid that Mortgages Ltd. is trying to serve up?
1. Coles promises his borrowers endless amounts of money and entices them to work with him and the borrowers start projects based on these commitments and promises by Coles and Mortgages Ltd.
2. Coles promises his investors continued "safe and secure" yields while he is hiding portfolio problems and has Tom Hirsch (an unlicensed CPA) from Radical Bunny raising all sorts of ungodly amounts of money by lying to investors and telling them everything is fine and keep bringing in more cash. Keep in mind Hirsch is also getting paid as a CPA from Mortgages Ltd. and has access to all data and financial numbers, but he continues to raise money even though the portfolio is collapsing under his very eyes.
3. Coles starts taking money out from the company and spending it like he is Howard Hughes, he is trying to impress his 24 year old gold digger wife and giving money away left and right to the boys club and other nonsense and building golf courses and simply loosing his mind. Never mind all this money is coming from fees he is charging for these loans he can never fund and money from his investors who are doomed going into them
4. Then Coles who has now clearly lost his mind and knows he is going to go to jail and his wife will be riding some other rich boy's shlong soon, commits a ritualistic suicide complete with a full size cardboard picture of his gold digging wife, quotes from Shakespeare, candles with an alter, and wearing a full tuxedo .. and enough prescription drugs and liquor to put down a elephant. ( I wonder if anyone checked full size picture for a semen)
5. Then Laura Martini and Clemency get started by trying to hijack the company into some newly created shell, start stealing borrower impound accounts, Laura goes into court and give a pretty laughable deceleration and MCA is suppose to help value all the assets.
6. Then we get Sarver and his DIP financing b.s. that was designed to plunder and pillage the portfolio for all that was left to the detriment of all the creditors and investors and only to the benefit of the insiders.
7. Then Clemency is FIRED! in public court proceeding, Laura is demoted a few weeks later and the Sarver DIP is sent packing.
8. Now we have borrowers who have claims, creditors such as Radical Bunny who have claims, Investors who are trying to keep everyone else away from the portfolio so they can get to it and the insiders are still allowed to be in control of this ever growing comedy of errors and insiders who are literally trying to bleed the company dry.
If this case doesn't cry our for a Trustee then the U.S. Trustee's office better just close down because it's a sham.
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Tina 08/03/2008 7:58:00 PM
It seems Laura Martini has hired one of the valley's most preeminent lawyers who usually work with investors to uncover ponzi schemes ... THe
Lawrence E. Wilk
http://www.jaburgwilk.com/attorneys/larry_wilkbio.aspx
Winning substantial recovery for investors. Larry and his team represented the court-appointed receiver in the large American National Mortgage case. He converted an Arizona Corporation Commission State Court Receivership into a Chapter 11 Bankruptcy proceeding, integrated the cases using differing jurisdictions, and obtained a confirmed Chapter 11 plan with substantial recovery to the investors.
Helping Ponzi-scheme victims recover millions. Larry was co-counsel in a multi-million-dollar lawsuit against professionals involved in the Baptist Foundation�s Ponzi scheme. His work resulted in recovery in excess of $230 million for those who had been bilked.
Good Job Laura, maybe now you should also go hire the lawyers for Jeff Skilling and Ken Lay from ENRON
Opps ... that right Lay Died and Skilling is going to prison so that might not be such a good idea.
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Kevin 08/03/2008 7:36:00 PM
ML is now liable for money it promised but could never deliver on. If there is evidence that this whole operation was a big PONZI scheme then the company is pretty much a total loss.
The portfolio is also full of garbage most of the loans are bad loans, the ones that were still good were only good because Coles fed them with additional interest reserve to feed himself fees and line his own pockets while to hide the problems so no one would know how many loans were truly bad. Doing this he took even more good money and threw it after bad and now you have projects that have even more debt than value on them. This is a disaster for all involved.
You also have frauds and collusion after the death of coles by the other insiders to boot.
just look at centerpoint what a worthless piece of shit that project is with $130 million of debt still needs another $75 Million to finish and then to do what sell box condo units in the middle of Tempe to people who can't qualify for loans if their very lives depended on it.
Freddie Mac and Fannie May are on the brink of collapse and these idiots want to bring in a DIP financier to put up $75M to finish this project by subordinating the existing $132M so you have now over $200 Million of debt with interest reserve @ 12% per year would be $24 Million of just interest per year while they try to sell these units.
Give me a break the DIP financing is just a ploy for the insiders to keep getting paid while everyone else sucks you know what.
@ $24M per year of interest (not even counting all the fees these sons of bitches will charge and feed parts to the insiders) and 4 years you are looking at another $100M of just interest on top of the existing $200M of debt.
What a complete and total JOKE!
-
Mike Walder 08/03/2008 7:21:00 PM
You people are true idiots. All borrowers who didn't get the money they were promised by Mtgs.Ltd. have rights now as creditors of the estate and they have been damaged by all of Scott Coles lies and attempts to defraud them as well as the citizens of Tempe, Phoenix, and Glendale who now have to deal with all these unfinished projects in their cities.
What you have here is a group of wealthy insiders over at Mortgages Ltd. who are trying to protect their own pockets and rip off everyone else and hide all the crimes that were committed.
Just look at the actions of Laura Martini and the Clemency Lawyer right after Coles death and how they tried to bamboozle the company into some bullshit shell company.
Then look at how the so called direct investors are trying to keep the Radical Bunny group from getting any payments and defrauding them.
This whole entire enterprise is a cesspool from the bottom up and from the top down and the only way anyone will every know what really happened is to open the doors and let the fresh air of a court appointed Trustee into the room.
The big war is coming between the investors groups and the creditors and the insiders who are still trying to milk the last remaining ounces of fat off this bloated pig.
Yhea .. you idiots stay in bankruptcy for the next 10 years and see if there is anything left after all the lawyers and accountants and DIP financiers eat the last pieces of flesh off of this rotten corpse.
I say liquidate the entire damn thing now and pray to GOD you get back maybe $.20 cents on the dollar because if this is allowed to continue no one will see anything except the insiders.
Get a friggin Clue
-
Stella 08/03/2008 6:36:00 PM
Judge Haines will come to the rescue of the Mortgages Limited investors on Wed when he grants the motion to resume interest payments to investors. The judge has to see through this RightPath scheme. RightPath is nothing more than a borrower of Mortgages Limited. Basically what they are trying to do in thier motion is put themselves into the category of a creditor. It is laughable that they have swindled thier way into trying to be a creditor. I hope thier lawyers are charging them apropriately, because all they are doing is drumming up legal fees while trying to get out of repaying thier loan to Mortgages Limited.
-
Concerned Investor 08/03/2008 6:30:00 PM
Danny Herndon from Danny's Family car wash is behind the entire RighPath Partners frivolous lawsuit. He needs to be taken down, and people need to stop going to his overpriced Carwash. He was a friend of Scott Coles, and Scott did nothing but help him by giving him favorable mortgage terms when no other bank would loan money to him. Now he is trying to take advantage of Scott Cole's death to get out of having to repay his obligation to the detriment of the Mortgages Limited Investors. Danny and his lawyers are creating a legal circus and abusing the court system. How can the average JOE INVESTOR compete with these lawyers. The judge needs to see through this scheme and come to the rescue of the Mortgages Limited Investors.
-
Fred 08/03/2008 6:22:00 PM
The RightPath partners are not even a creditor of Mortgages Limited. They are a borrower that cannot pay thier obligation. They are creating this entire dog and pony show, with the hopes that they will get away with not repaying thier loan that Mortgages Limited made to them. They have a frivilous, unliquidated claim, and they are trying to swindle the little people (the Mortgages Limited Investors) from getting back thier life savings and retirment money. The RightPath Partners are headed up by Danny from Danny's Family Car Wash. Quit giving them any business. They are crooks with big, fancy lawyers trying to robb the true investors out of thier savings. This is the truth, and this circus needs to stop, so that Mortgages Limited can get back on its feet and keep servicing its loans to good borrowers and repay its investors. Enough is enough with this courtroom drama!!!
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EMERGENCY MOTION 08/03/2008 7:10:00 AM
EMERGENCY MOTION says:
Mortgages Ltd. is trying to keep itself in Chapter 11 to deplete the estate and benefit a few at the cost of disenfranchising the many creditors including Radical Bunny.
Radical Bunny Investors need to sign on to this emergency motion ASAP before Mortgages Ltd. gets way with pillaging what is left.
Any DIP financing on Centerpoint will be the DEATH of Radical Bunny investors.
-------------------------------------------
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
In re:
MORTGAGES LTD., an Arizona
Corporation,Putative Debtor.
Involuntary Proceeding Under Ch. 11
Case No. 2:08-bk-07465-RJH
EMERGENCY MOTION FOR
ACCELERATED HEARING AND
Attorneys for Creditors Rightpath Limited
Development Group, LLC and Maryland Way
Partners, LLC.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
In re:
MORTGAGES LTD., an Arizona
Corporation, Putative Debtor.
Involuntary Proceeding Under Ch. 11
Case No. 2:08-bk-07465-RJH
EMERGENCY MOTION FOR ACCELERATED HEARING AND EMERGENCY MOTION FOR ORDER CONVERTING CASE TO A CHAPTER 7 OR, ALTERNATIVELY, FOR THE APPOINTMENT OF A CHAPTER 11 TRUSTEE AND NOTICE OF LODGING PROPOSED FORM OF ORDER SETTING HEARING EMERGENCY MOTION FOR ORDER CONVERTING CASE TO A
CHAPTER 7 OR, ALTERNATIVELY, FOR THE APPOINTMENT OF A CHAPTER 11
TRUSTEE AND NOTICE OF LODGING PROPOSED FORM OF ORDER SETTING HEARING
PLEASE TAKE NOTICE THAT Rightpath Limited Development Group, LLC and Maryland Way Partners, LLC (collectively, the "Rightpath Parties"), creditors with over a $200 million dollar claim and the victims of Debtor's racketeering activities (including, by not limited to, Debtor's failure to fund promised loan amounts after Debtor's then-principal lied about the funds available for such loans, fraud, usury, and other acts of misconduct (including attempts to charge excessive interest)) hereby respectfully move this Honorable Court on an emergency basis, pursuant to Local Rule 9013-1(h), for an accelerated hearing on their Emergency Motion for an Order Converting the Case to Proceed Under Chapter 7 or, Alternatively, for the Appointment of a Chapter 11 Trustee (the "Emergency Motion for Chapter 7 or Chapter 11 Trustee"). The Rightpath Parties respectfully submit that good cause exists to accelerate the hearing on the Emergency Motion for Chapter 7 or Chapter 11 Trustee for the following reasons:
1. Since the filing of the involuntary petition for the bankruptcy of Mortgages Ltd. on June 20, 2008, the Debtor, through its management, attorneys, and retained consultants, have engaged in, and continue to engage in, self-dealing activities to give preferential treatment to insiders and a select few investors to the exclusion and detriment of all other investors and creditors. Indeed, most recently, the Debtor has colluded with certain investors to encourage the preferential disbursement of the bankrupt estate's assets to unsecured creditors, while the interests of other secured creditors, such as the Rightpath Entities, remain unsatisfied and less protected.
2. The difficulties presented with this bankruptcy is that, rather than put an end to its pre-petition racketeering operations, the Debtor continues to engage in such activities post-petition. To be sure, the Debtor had significant financial and legal troubles leading up to the filing of the involuntary petition. Six months prior to the filing of the involuntary petition, the Debtor's then-principal, Scott Coles, looted $6 million dollars from the company by making an extended loan to himself on very favorable terms (and notably far more favorable than any other loan offered by the Debtor to third-parties), with the repayment of the loan dependent on future dividends issued by the company.1
3. At the time of the filing the involuntary petition, the Debtor also was facing, and continues to face, a $200 million dollar lawsuit filed by the Rightpath Entities stemming from the Debtor's fraud and racketeering enterprises. Not only did the Debtor substantially underfund the $190 million dollar loan commitment that the Debtor agreed to fund, the Debtor also attempted to extort usurious interest and fees from the Rightpath Entities. The Debtor's racketeering practices have forced the Rightpath Entities to incur substantial expenses and undertake additional costly steps to ensure that its development of the Baseball Spring Training and Entertainment District in the City of Glendale, which will benefit hundreds of thousands of residents in Phoenix and Glendale, is not impeded as a result of the Debtor's failure to meet its loan commitment. While the Rightpath Entities have ensured that the development is not disrupted, the damages that it has sustained as a result of the Debtor's conduct exceeds $200 million dollars and thus makes the Rightpath Entities one of the largest creditors of the estate. Rather than acknowledge its prior tortious conduct and contractual breaches, the Debtor has continued to engage in its racketeering enterprises by falsely declaring the Rightpath Entities to be in default of their loan (even though the first installment under the loan does not mature until December 2008) and by misappropriating funds from the Rightpath Entities' impound accounts that were created in connection with their loan.
4. The Debtor has been given numerous opportunities to prove to the Court that it can act appropriately as a Debtor In Possession, but has completely failed in that regard on all accounts. By way of a brief illustration, the following outlines some of the selfdealing activities that the Debtor has engaged in to the detriment of the creditors of the estate:
a. Following the filing of the involuntary bankruptcy petition by certain
{While discovery will be conducted on this point, it is currently unclear what Mr. Coles did with that money.}
creditors, the Debtor, together with its president (Laura Martini), its counsel (John Clemency of Greenberg Traurig), and its financial advisor (Morris Aaron of MCA Financial) surreptitiously secured an extraordinary $500,000 gap period loan in order to pay future fees of Greenberg Traurig and MCA Financial, who had not even been approved to be retained by the Court (over $250,000 of that amount was given to Greenberg Traurig as an retainer). 2
b. During the three-day gap period, the Debtor's employees (Laura Martini and Nechelle Wimmer), together with the Debtor's counsel (John Clemency of Greenberg Traurig), and financial advisor (Morris Aaron of MCA Financial), also misappropriated $87,538.53 from the Rightpath Entities' Tax Impound and Construction Impound accounts and gave it to Greenberg Traurig and MCA Financial, without prior authorization of the Rightpath Entities or the investors who gave that money to the Debtor to fund the Rightpath Entities' loan.
c. After having been ordered by the Court at the July 1, 2008 hearing to withdraw as general counsel for the Debtor, Greenberg Traurig attempted to appoint itself as special counsel for the Debtor by subtly including an additional clause stating as such in a proposed order submitted to the Court to purportedly confirm the Court's prior ruling at that hearing.
d. When the Court ordered the Debtor to allow other DIP financing lenders to review the Debtor's records in order to submit terms sheets for the DIP financing, the Debtor initially refused to comply with the Court's Order, despite its previous representation to the Court that it would permit the review to occur. Then, to further forestall any lender from proposing a term sheet, the Debtor insisted upon having every proposed lender agree to an overly broad and unduly burdensome confidentiality agreement before permission would be given to review the records (a condition that the Court never imposed). And even after the Debtor obtained confidentiality agreements, the Debtor refused to fully cooperate with the Court-mandated disclosure of its records by significantly limiting and restricting the number and types of records that a lender could review in connection with preparing a term sheet for DIP financing.
e. To create the fa�e that its prior mismanagement under Laura Martini's reign would occur no more, the Debtor hired a new individual (Richard Feldheim) to serve as its President and CEO. Much like Ms. Martini, however, Mr. Feldheim is completely unqualified to serve the role of President and CEO of the Debtor, having never operated a company, or rather an estate, as large as the Debtor's. Moreover, consistent with the Debtor's prior conduct, Mr. Feldheim, an attorney, has completely disregard all ethical rules and attempted to gain an unfair advantage over the Rightpath Entities by insisting that they meet with Mr. Feldheim outside of the presence of counsel and during a time in which Mr. Feldheim knew the Rightpath Entities' counsel was unreachable. All of this was done, of course, to attempt to improperly extract a settlement out of the Rightpath Entities and avoid the substantial liability that the Debtor is facing for its prior and on-going racketeering enterprises.
5. The Debtor has also given preferential treatment to a select few creditors to the detriment of all other creditors. There are a number of category of creditors involved in this case: (a) investors, who (as confirmed in footnote 1 of the Omnibus Declaration of Laura Martini (Docket No. 20)) "are more akin to warehouse lenders" and thus are unsecured creditors; (b) underfunded borrowers and customers, such as the Petitioning Creditors Central & Monroe, LLC, Osborn III Partners, LLC, (collectively, the "Grace Entities"), Creditors University & Ash, LLC, Roosevelt Gateway, LLC and Roosevelt Gateway II, LLC (collectively, the "U&A Entities"), and the Rightpath Entities, whose loans with the Debtor were severely underfunded and, thus, hold secured creditors' interests against the Debtor; (c) the group known as the Radical Bunnies, who also may have a secured creditor's interest against the Debtor; (d) lenders, such as Arizona Bank & Trust; and (e) other persons that provided goods or services to the Debtor who have not been paid. Despite the significant number of creditors' interests involved, the Debtor has preferentially favored one group, the investors, to the exclusion of all others. Indeed, rather than act in conformity with a true Debtor In Possession, the Debtor is colluding with the investors to allow for the preferential disbursement of assets of the bankrupt estate to certain investors to the detriment of all other creditors.
6. From what has been discovered in recent weeks, the Debtor was operating a Ponzi scheme. Indeed, based on a review of the over 500 transfers of interest in the Deeds of Trust related to the Rightpath Entities' loan that are identified in recorded assignments (many of which were backdated and filed after the suicide of the Debtor's principal, Scott Coles), there is significant evidence that the Debtor was shifting money around to make it appear that the Debtor had more money than it actually had. For example, there are multiple instances where an individual is assigning more interest than he or she previously had. Likewise, while the accounting is not fully complete (and cannot be until an independent trustee causes a dollar by dollar accounting), it appears that even after all transfers are taken into account, the purported interests in the Deeds of Trust related to the Rightpath Entities' loan does not even equal 100%.
7. Because there has been a gross mismanagement of the estate as well as numerous and actual attempts to deplete assets from the estate, a conversion of the case to a Chapter 7 proceeding is essential to protect the interests of all creditors, including the underfunded borrowers and customers such as the Rightpath Entities. In the event that the Court is not inclined to order a conversion of the case to Chapter 7, then it is essential to get a Chapter 11 trustee appointed to manage the estate of the Debtor as the current management and related consultants have proven themselves to be completely incapable of managing the estate as a Debtor In Possession. They have engaged in numerous acts of self-dealing and have shown that their sole interest is to give preference to certain persons to the exclusion of all other creditors.
8. There is an immediate need to have the Emergency Motion for Chapter 7 heard on a expedited basis. Certain investors with whom the Debtor is colluding have obtained an accelerated hearing on August 6, 2008 for their Motion to secure disbursements of assets of the estate. Not only is such a Motion improper in light of the fact that the Debtor's operation appears to be nothing more than a Ponzi scheme, a conversion of this case to a Chapter 7 proceeding would moot such a motion. Similarly, the Debtor has just filed an Expedited Motion for Approval of DIP financing. Once again, the consideration of a request for DIP financing would be mooted by the conversion of the case to a Chapter 7 or the appointment of a Chapter 11 trustee. Consequently, since good cause exists for the conversion of the case to a Chapter 7 proceeding or, at the very least, an appointment of a Chapter 11 trustee, the Emergency Motion for Chapter 7 or Chapter 11 Trustee should be heard first.
9. There is no good reason for this case to remain as a Chapter 11 proceeding. The Debtor acknowledges that it is no longer issuing loans and is no longer securing any new investments. Rather, it is merely attempting to service, albeit quite poorly, its decreasing portfolio of 70 loans. In view of this fact, the Debtor is no longer a going concern. Instead, it is an exposed ponzi scheme that requires a Court supervised liquidation to ensure that all creditors are treated fairly. The only reason why the current management and retained consultants desire to keep this case under Chapter 11 is so they may deplete the estate with administrative costs and preferential deals for certain investors. Such conduct, however, is contrary to the goals of the Bankruptcy Code and completely unfair to all other creditors, who have substantial claims against the estate. Nevertheless, in the event that the Court is willing to allow the Debtor to remain under Chapter 11, it is imperative that a Chapter 11 trustee be appointed to put an end to the Debtor's self-dealing and preferential treatment of certain creditors to the exclusion of all others.
10. It is in all parties' interest to have the Court determine whether it is more appropriate to convert this case to a Chapter 7 proceeding or whether the appointment of a Chapter 11 trustee for the Debtor will sufficiently protect the interests of all creditors. Without question, the current management of the Debtor, despite numerous changes to the individuals in charge, is unable to properly manage the estate as a true Debtor In Possession. The estate has already suffered great harm as a result of the activities engaged in by the Debtor's management and outside consultants. Any further delay in resolving whether to convert the case to Chapter 7 or simply appoint a Chapter 11 trustee will simply cause additional and undue harm to the estate. As the Debtor can show no valid reason why the Emergency Motion for Chapter 7 or Chapter 11 Trustee should not be heard on an expedited basis (indeed, every motion that the Debtor has filed thus far in this case has been on an expedited basis), the Rightpath Entities' respectfully request that the Court order the acceleration of the hearing on the Emergency Motion for Chapter 7 or Chapter 11 Trustee to Wednesday, August 6, 2008, at 2:30 p.m., to be heard before all other pending motions in this case.
11. In conjunction with its request for an acceleration of the hearing on the Emergency Motion for Chapter 7, and consistent the Court's prior Order accelerating the hearing on the Initial Trustee Motion, the Rightpath Entities propose that all briefing in support of the Emergency Motion for Chapter 7 be filed no later than Monday, August 4, 2008, at 5:00 p.m.3 Likewise, the Rightpath Entities propose that any briefing in opposition to the Emergency Motion for Chapter 7 be filed no later than Tuesday, August 5, 2008, at 5:00 p.m. Finally, the Rightpath Entities propose that any party wishing to present witnesses and/or evidence at the hearing on Wednesday, August 6, 2008, at 2:30 p.m., must file their witness and exhibit list by 9 a.m. on the morning of the hearing.
By: /s/ Gabriel G. Green
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Christopher S. Reeder
Margaret M. Mann
Gabriel G. Green
Attorneys for Rightpath Limited Development Group, LLC
and Maryland Way Partners, LLC.
COPY of the foregoing served by
e-mailed on August 1, 2008, to the
attached service list.
/s/ Gabriel Green
3 The Rightpath Entities will file their brief in support of their Emergency Motion for
Chapter 7 or Chapter 11 Trustee by Monday morning.
-
EMERGENCY MOTION 08/03/2008 6:25:00 AM
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
In re:
MORTGAGES LTD., an Arizona
Corporation,
Putative Debtor.
Involuntary Proceeding Under Ch. 11
Case No. 2:08-bk-07465-RJH
EMERGENCY MOTION FOR
ACCELERATED HEARING AND
Attorneys for Creditors Rightpath Limited
Development Group, LLC and Maryland Way
Partners, LLC.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
In re:
MORTGAGES LTD., an Arizona
Corporation,
Putative Debtor.
Involuntary Proceeding Under Ch. 11
Case No. 2:08-bk-07465-RJH
EMERGENCY MOTION FOR
ACCELERATED HEARING AND
EMERGENCY MOTION FOR
ORDER CONVERTING CASE TO A
CHAPTER 7 OR,
ALTERNATIVELY, FOR THE
APPOINTMENT OF A CHAPTER 11
TRUSTEE AND NOTICE OF
LODGING PROPOSED FORM OF
ORDER SETTING HEARING
EMERGENCY MOTION FOR
ORDER CONVERTING CASE TO A
CHAPTER 7 OR,
ALTERNATIVELY, FOR THE
APPOINTMENT OF A CHAPTER 11
TRUSTEE AND NOTICE OF
LODGING PROPOSED FORM OF
ORDER SETTING HEARING
PLEASE TAKE NOTICE THAT Rightpath Limited Development Group, LLC and Maryland Way Partners, LLC (collectively, the "Rightpath Parties"), creditors with over a $200 million dollar claim and the victims of Debtor's racketeering activities (including, by not limited to, Debtor's failure to fund promised loan amounts after Debtor's then-principal lied about the funds available for such loans, fraud, usury, and other acts of misconduct (including attempts to charge excessive interest)) hereby respectfully move this Honorable Court on an emergency basis, pursuant to Local Rule 9013-1(h), for an
accelerated hearing on their Emergency Motion for an Order Converting the Case to Proceed Under Chapter 7 or, Alternatively, for the Appointment of a Chapter 11 Trustee
(the "Emergency Motion for Chapter 7 or Chapter 11 Trustee"). The Rightpath Parties respectfully submit that good cause exists to accelerate the hearing on the Emergency
Motion for Chapter 7 or Chapter 11 Trustee for the following reasons:
1. Since the filing of the involuntary petition for the bankruptcy of Mortgages Ltd. on June 20, 2008, the Debtor, through its management, attorneys, and retained
consultants, have engaged in, and continue to engage in, self-dealing activities to give preferential treatment to insiders and a select few investors to the exclusion and detriment of all other investors and creditors. Indeed, most recently, the Debtor has colluded with certain investors to encourage the preferential disbursement of the bankrupt estate's assets to unsecured creditors, while the interests of other secured creditors, such as the Rightpath
Entities, remain unsatisfied and less protected.
2. The difficulties presented with this bankruptcy is that, rather than put an end to its pre-petition racketeering operations, the Debtor continues to engage in such activities post-petition. To be sure, the Debtor had significant financial and legal troubles leading up to the filing of the involuntary petition. Six months prior to the filing of the involuntary petition, the Debtor's then-principal, Scott Coles, looted $6 million dollars from the company by making an extended loan to himself on very favorable terms (and notably far more favorable than any other loan offered by the Debtor to third-parties), with the
repayment of the loan dependent on future dividends issued by the company.1
3. At the time of the filing the involuntary petition, the Debtor also was facing, and continues to face, a $200 million dollar lawsuit filed by the Rightpath Entities
stemming from the Debtor's fraud and racketeering enterprises. Not only did the Debtor substantially underfund the $190 million dollar loan commitment that the Debtor agreed to fund, the Debtor also attempted to extort usurious interest and fees from the Rightpath Entities. The Debtor's racketeering practices have forced the Rightpath Entities to incur substantial expenses and undertake additional costly steps to ensure that its development of
the Baseball Spring Training and Entertainment District in the City of Glendale, which will benefit hundreds of thousands of residents in Phoenix and Glendale, is not impeded as a result of the Debtor's failure to meet its loan commitment. While the Rightpath Entities have ensured that the development is not disrupted, the damages that it has sustained as a result of the Debtor's conduct exceeds $200 million dollars and thus makes the Rightpath Entities one of the largest creditors of the estate. Rather than acknowledge its prior tortious conduct and contractual breaches, the Debtor has continued to engage in its
racketeering enterprises by falsely declaring the Rightpath Entities to be in default of their loan (even though the first installment under the loan does not mature until December 2008) and by misappropriating funds from the Rightpath Entities� impound accounts that were created in connection with their loan.
4. The Debtor has been given numerous opportunities to prove to the Court that it can act appropriately as a Debtor In Possession, but has completely failed in that regard on all accounts. By way of a brief illustration, the following outlines some of the selfdealing activities that the Debtor has engaged in to the detriment of the creditors of the estate:
a. Following the filing of the involuntary bankruptcy petition by certain
{While discovery will be conducted on this point, it is currently unclear what Mr. Coles did with that money.}
creditors, the Debtor, together with its president (Laura Martini), its counsel (John Clemency of Greenberg Traurig), and its financial advisor (Morris Aaron of MCA Financial) surreptitiously secured an extraordinary $500,000 gap period loan in order to pay future fees of Greenberg Traurig and MCA Financial, who had not even been approved to be retained by the Court (over $250,000 of that amount was given to Greenberg Traurig as an retainer). 2
b. During the three-day gap period, the Debtor's employees (Laura Martini and Nechelle Wimmer), together with the Debtor's counsel (John Clemency of Greenberg Traurig), and financial advisor (Morris Aaron of MCA Financial), also
misappropriated $87,538.53 from the Rightpath Entities' Tax Impound and Construction Impound accounts and gave it to Greenberg Traurig and MCA Financial, without prior authorization of the Rightpath Entities or the investors who gave that money to the Debtor to fund the Rightpath Entities' loan.
c. After having been ordered by the Court at the July 1, 2008 hearing to withdraw as general counsel for the Debtor, Greenberg Traurig attempted to appoint itself as special counsel for the Debtor by subtly including an additional clause stating as such in a proposed order submitted to the Court to purportedly confirm the Court's prior ruling at
that hearing.
d. When the Court ordered the Debtor to allow other DIP financing lenders to review the Debtor's records in order to submit terms sheets for the DIP financing, the Debtor initially refused to comply with the Court's Order, despite its previous representation to the Court that it would permit the review to occur. Then, to further forestall any lender from proposing a term sheet, the Debtor insisted upon having every proposed lender agree to an overly broad and unduly burdensome confidentiality agreement before permission would be given to review the records (a condition that the Court never imposed). And even after the Debtor obtained confidentiality agreements, the Debtor refused to fully cooperate with the Court-mandated disclosure of its records by significantly limiting and restricting the number and types of records that a lender could review in connection with preparing a term sheet for DIP financing.
e. To create the fa�e that its prior mismanagement under Laura Martini�s reign would occur no more, the Debtor hired a new individual (Richard Feldheim) to serve as its President and CEO. Much like Ms. Martini, however, Mr.
Feldheim is completely unqualified to serve the role of President and CEO of the Debtor, having never operated a company, or rather an estate, as large as the Debtor�s. Moreover, consistent with the Debtor�s prior conduct, Mr. Feldheim, an attorney, has completely disregard all ethical rules and attempted to gain an unfair advantage over the Rightpath Entities by insisting that they meet with Mr. Feldheim outside of the presence of counsel and during a time in which Mr. Feldheim knew the Rightpath Entities� counsel was unreachable. All of this was done, of course, to attempt to improperly extract a settlement out of the Rightpath Entities and avoid the substantial liability that the Debtor is facing for its prior and on-going racketeering enterprises.
5. The Debtor has also given preferential treatment to a select few creditors to the detriment of all other creditors. There are a number of category of creditors involved in this case: (a) investors, who (as confirmed in footnote 1 of the Omnibus Declaration of Laura Martini (Docket No. 20)) "are more akin to warehouse lenders" and thus are unsecured creditors; (b) underfunded borrowers and customers, such as the Petitioning Creditors Central & Monroe, LLC, Osborn III Partners, LLC, (collectively, the "Grace Entities"), Creditors University & Ash, LLC, Roosevelt Gateway, LLC and Roosevelt Gateway II, LLC (collectively, the "U&A Entities"), and the Rightpath Entities, whose loans with the Debtor were severely underfunded and, thus, hold secured creditors' interests against the Debtor; (c) the group known as the Radical Bunnies, who also may have a secured creditor's interest against the Debtor; (d) lenders, such as Arizona Bank &
Trust; and (e) other persons that provided goods or services to the Debtor who have not been paid. Despite the significant number of creditors' interests involved, the Debtor has preferentially favored one group, the investors, to the exclusion of all others. Indeed, rather than act in conformity with a true Debtor In Possession, the Debtor is colluding with the investors to allow for the preferential disbursement of assets of the bankrupt estate to certain investors to the detriment of all other creditors.
6. From what has been discovered in recent weeks, the Debtor was operating a Ponzi scheme. Indeed, based on a review of the over 500 transfers of interest in the Deeds
of Trust related to the Rightpath Entities' loan that are identified in recorded assignments (many of which were backdated and filed after the suicide of the Debtor's principal, Scott Coles), there is significant evidence that the Debtor was shifting money around to make it appear that the Debtor had more money than it actually had. For example, there are multiple instances where an individual is assigning more interest than he or she previously
had. Likewise, while the accounting is not fully complete (and cannot be until an independent trustee causes a dollar by dollar accounting), it appears that even after all
transfers are taken into account, the purported interests in the Deeds of Trust related to the Rightpath Entities' loan does not even equal 100%.
7. Because there has been a gross mismanagement of the estate as well as numerous and actual attempts to deplete assets from the estate, a conversion of the case to a Chapter 7 proceeding is essential to protect the interests of all creditors, including the underfunded borrowers and customers such as the Rightpath Entities. In the event that the Court is not inclined to order a conversion of the case to Chapter 7, then it is essential to get a Chapter 11 trustee appointed to manage the estate of the Debtor as the current management and related consultants have proven themselves to be completely incapable of managing the estate as a Debtor In Possession. They have engaged in numerous acts of self-dealing and have shown that their sole interest is to give preference to certain persons
to the exclusion of all other creditors.
8. There is an immediate need to have the Emergency Motion for Chapter 7 heard on a expedited basis. Certain investors with whom the Debtor is colluding have obtained an accelerated hearing on August 6, 2008 for their Motion to secure disbursements of assets of the estate. Not only is such a Motion improper in light of the fact that the Debtor's operation appears to be nothing more than a Ponzi scheme, a conversion of this case to a Chapter 7 proceeding would moot such a motion. Similarly, the Debtor has just filed an Expedited Motion for Approval of DIP financing. Once again, the consideration of a request for DIP financing would be mooted by the conversion of the case to a Chapter 7 or the appointment of a Chapter 11 trustee. Consequently, since good cause exists for the conversion of the case to a Chapter 7 proceeding or, at the very least,
an appointment of a Chapter 11 trustee, the Emergency Motion for Chapter 7 or Chapter 11 Trustee should be heard first.
9. There is no good reason for this case to remain as a Chapter 11 proceeding. The Debtor acknowledges that it is no longer issuing loans and is no longer securing any new investments. Rather, it is merely attempting to service, albeit quite poorly, its decreasing portfolio of 70 loans. In view of this fact, the Debtor is no longer a going
concern. Instead, it is an exposed ponzi scheme that requires a Court supervised liquidation to ensure that all creditors are treated fairly. The only reason why the current management and retained consultants desire to keep this case under Chapter 11 is so they may deplete the estate with administrative costs and preferential deals for certain investors. Such conduct, however, is contrary to the goals of the Bankruptcy Code and completely unfair to all other creditors, who have substantial claims against the estate. Nevertheless, in the event that the Court is willing to allow the Debtor to remain under Chapter 11, it is imperative that a Chapter 11 trustee be appointed to put an end to the Debtor�s self-dealing and preferential treatment of certain creditors to the exclusion of all others.
10. It is in all parties' interest to have the Court determine whether it is more appropriate to convert this case to a Chapter 7 proceeding or whether the appointment of a Chapter 11 trustee for the Debtor will sufficiently protect the interests of all creditors. Without question, the current management of the Debtor, despite numerous changes to the individuals in charge, is unable to properly manage the estate as a true Debtor In Possession. The estate has already suffered great harm as a result of the activities engaged in by the Debtor's management and outside consultants. Any further delay in resolving whether to convert the case to Chapter 7 or simply appoint a Chapter 11 trustee will simply cause additional and undue harm to the estate. As the Debtor can show no valid reason
why the Emergency Motion for Chapter 7 or Chapter 11 Trustee should not be heard on an expedited basis (indeed, every motion that the Debtor has filed thus far in this case has been on an expedited basis), the Rightpath Entities' respectfully request that the Court order the acceleration of the hearing on the Emergency Motion for Chapter 7 or Chapter 11 Trustee to Wednesday, August 6, 2008, at 2:30 p.m., to be heard before all other pending
motions in this case.
11. In conjunction with its request for an acceleration of the hearing on the Emergency Motion for Chapter 7, and consistent the Court's prior Order accelerating the hearing on the Initial Trustee Motion, the Rightpath Entities propose that all briefing in support of the Emergency Motion for Chapter 7 be filed no later than Monday, August 4, 2008, at 5:00 p.m.3 Likewise, the Rightpath Entities propose that any briefing in opposition to the Emergency Motion for Chapter 7 be filed no later than Tuesday, August
5, 2008, at 5:00 p.m. Finally, the Rightpath Entities propose that any party wishing to present witnesses and/or evidence at the hearing on Wednesday, August 6, 2008, at 2:30 p.m., must file their witness and exhibit list by 9 a.m. on the morning of the hearing.
By: /s/ Gabriel G. Green
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Christopher S. Reeder
Margaret M. Mann
Gabriel G. Green
Attorneys for Rightpath Limited Development Group, LLC
and Maryland Way Partners, LLC.
COPY of the foregoing served by
e-mailed on August 1, 2008, to the
attached service list.
/s/ Gabriel Green
3 The Rightpath Entities will file their brief in support of their Emergency Motion for
Chapter 7 or Chapter 11 Trustee by Monday morning.
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chuck 08/01/2008 11:01:00 PM
Tom also has step daughters in California that have come across some extra monies.
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homeless in September 08/01/2008 9:00:00 PM
Hirsch, Shah and both Walders are preparing to flee the country with our Money!
Have your name added to the Attorney Generals Restitution list before it�s too late.
I have so much disturbing information I don�t know where to begin. My elderly parents are losing their home because Tom Hirsch swindled them. He had them pull their money out of their home and give it to him. He said they were buying 1st deeds of trust. Now I find out that there are many elderly who are in the same boat.
The Heat is On.
The Arizona Corporation Commission is investigating the 4 criminals (Tom Hirsch, Harish Shah, Berta (Bunny) Walder and Howard Walder. The have already subpoenad their records and are interviewing victims as you read this. At least 16 victims have already been interviewed. It is important to tell them about the oral misrepresentations made by Hirsch and Walder. If they told you the investment was in a first deed of trust or that it was guaranteed, tell the investigators. If they said this was a low risk investment, tell the investigators. They broke the law when they said those things. To testify against them and have your name placed on the restitution list you must call officer Ron Clark at 602-542-0152. Your name will be kept confidential until the 4 criminals are in custody.
The FBI is also investigating. I will not be interviewed by them until next week.
They have hid the money already.
Hirsch and the Walders set up shell corporations to siphon off funds. Look at WALDER HIRSCH INVESTMENTS, L.L.C. file number L-1402852-9. That was just the latest they planned to use. Millions have been hidden with Hirsch�s daughters Janelle and Melissa. Millions more have been hidden with Walder�s son�s David and Benjamin. Ask the investigators. Don�t just take my word for it.
Shah may be even worse but the trail of shell corporations he has set up is so sophisticated that they have not been able to trace all our money that he has hidden but they are on his trail.
Hirsch and Walder are liquidating 10 million in real estate to make their escape.
Go and see for yourself. Berta E. Walder and Howard Evan Walder are selling 9875 East Celtic Drive Scottsdale AZ 85258. Hirsch is selling 7050 North 69th Place, Paradise Valley 85253 and 8636 North Via La Serena Paradise Valley 85253. Well over $12,000,000 and I have heard that the money is being transferred out of the U.S.
Just when you thought the stealing was over, Hirsch, Walders and Shah strike again!!!!!
On Wednesday they disbanded the RB Investor Committee. Why??? Hirsch tried to slip a real bomb by them. He has set it up so that if any money is recovered, the RB4 receive the first $500,000 as a management fee hidden as administrative fees. Even his rich friends protested so the committee was immediately disbanded. Now the fox is alone in the hen house again.
Hirsch and Walder are preparing to flee.
Two employees at Hirsch and Shah revealed that Hirsch and Walder have made arrangements to flee the jurisdiction. When you are interviewed, urge the investigators to detain them before its too late.
Claim your share of the $15 Million Hirsch, Shah and Walder RB funds.
As I reveal this, I would ask that wealthy RB investors leave this for the elderly. Hirsch, Shah and Walder have about $15 million froze with the rest of us in RB. That money is going to be seized for restitution. The government is not going to allow them to keep any of this. I urge the elderly to have their names placed on the restitution list as soon as possible. There will not be enough to go around so I hope the super rich do not attach these funds before the poor old people who really need it do.
Have your voice heard!!!!
The Wall Street Journal is preparing an expose revealing this massive fraud. The RB4 will be shown as the criminals they are. Many of those who�s lives they destroyed have already told their story. If you wish to tell your story or learn more about the RB4�s 200 million dollar theft, contact Wall Street Journal writer, Jonathan Karp. He is willing to give you confidentiality. His phone number at the Journal is 323-658-3814. His cell is 323-219-1697. Or email him at jonathan.karp@wsj.
To sum it up:
The RB4 stole 200 million. Much of it from elderly who are losing their homes.
They used shell corporations to move the money.
They are hiding it with their children.
They are selling 12 million in real estate and transferring it out of the country.
The Arizona authorities are interviewing us victims already. Tell them everything.
The FBI is investigating as well.
They disbanded the Investor Committee for objecting to $500,000 in fees for the managers.
The RB4 are preparing to flee the country.
Have your name added to the restitution list and claim your share of their $15 million Radical Bunny funds which they stole from us.
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RB investor 08/01/2008 5:13:00 PM
Only place he could get money was from his friend Tom who had 900 investors who had no clue what they were investing in. No license ment no discloser.
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Reader 07/31/2008 11:44:00 PM
Give us Part II - The story about Hirsch and Radical Bunny.