Sunday, October 16, 2011

Saturday, August 6, 2011

Wednesday, July 13, 2011

Why is this reputable law firm telling Derek how to AVOID the law?" This law was designed to protect us!


    PRIVILEDGED AND CONFIDENTIAL
Memorandum
      To Derek Elliott (Elliott) ;Greg Clark (Elliott); Brian Tenpenney (Elliott); Will Lambert (GR); Catherine Carscallen (GR)
      From Greenberg Traurig LLC.
      Date March 1, 2007
      Re Sun Village Juan Dolio
      Procedures During Real Estate Sales for Avoiding Application of U.S. Securities Law
A. Guidelines For Rental Program Offerings
In connection with the proposed offering of residential beneficial interests in the Sun Village Juan Dolio project (“Residential Interests”) within the U.S. by an affiliate of Elliott (“Elliott”), the following guidelines must be followed in order to conform with the “Condominium Release”, (“Release”) issued by the U.S. Securities and Exchange Commission (“SEC”) and the applicable SEC No Action Letters interpreting the Release and avoid characterization as a security.
      1. No representations may be made in sales presentations with regard to the potential economic or tax benefits of ownership of a Residential Interest, or projections or representations of potential profitability of including the Residential Interest in the rental program.1
      2. Advertisement or discussions of the rental management services by the sales people prior to execution of a purchase contract is limited to a statement to the effect that “ownership may include the opportunity to place the Residential Interest in a rental arrangement”.2
      3. No contract may be entered into for the provision of rental management services prior to the signing of a contract for the sale of a Residential Interest.3
      4. The rental management program may not involve a pooling arrangement.4 Rental income must be allocated to separate accounts for each Residential Interest owner.5
      5. The Residential Interest owner’s right to use the Residential Interest may not be unreasonably restricted.6 Elliott cannot require that the Residential Interest be available for rent for any part of the year or otherwise materially restrict the owner’s occupancy prior to entry of the owner into a voluntary rental agreement.7 The owner may enter into a voluntary rental arrangement for a fixed term, such as five or ten years.8
B. Procedures For Offering The Sun Village Juan Dolio Rental Program
Based on the foregoing, the sales and rental program offering for the Sun Village Juan Dolio project (“Project”) must he handled with strict adherence to the following procedure:
1. No written materials sent to a sales prospect and no statement made during a sales presentation may refer to a rental program in any way EXCEPT the following:
a. “You may use the Residential Interest, rent it to others through your efforts or an independent real estate broker or agent or you may elect to join the rental program sponsored by Elliott”;
b. “Ownership of a Residential Interest may include the opportunity to place the Residential Interest in a rental arrangement sponsored by Elliott.” .
2. IF AND WHEN a prospect asks about the Elliott sponsored rental program during a sales presentation, the prospect must be referred to a rental agent who is separate from the sales agent working with the prospect. Whether the rental agreement questions come up in a sales meeting or as a result of receiving written materials, only the rental agent may provide the details and terms of the rental program for the prospect to consider prior to execution of a purchase agreement. The rental agent will be a representative of Elliott who may be reached by phone during the sales presentation at a phone number to be provided by Elliott and who will explain the terms of the rental program and answer questions but will not provide any projections, estimates, promises of potential income or profit.
3. Once the prospect receives the information about the rental program and indicates a desire to buy a Residential Interest, the prospect may sign a purchase agreement, and only after signing the purchase agreement, can the prospect be given the rental agreement and then decide to sign it. The rental agreement must be faxed or emailed to the prospect by the rental agent and cannot provided by the sales agent. The rental agreement can be sent to the prospect by the rental agent while the prospect is in the sales office or with the sales representative and when signed must be returned to the rental agent and not kept as part of the sales document package or file. The signed rental agreements must be kept separate from the signed sales documents and held by the rental agent only.
4. All of the sales and rental documentation are designed to comply with the U.S. securities laws discussed previously so as long as the sales agents follow the above procedure in sections 1 through 3, the sales and rental transactions should comply with the applicable rules.
C. Absolute Rules and Prohinitions
In connection with the offering and sale of the Residential Interests, please note and remember the following:
1. ALL SALES MUST BE SUPERVISED AND APPROVED BY THE HOLDER OF A VALID REAL ESTATE SALES OR BROKERAGE LICENSE IN THE STATE WHERE THE SALE IS MADE. THE LICENSES MUST BE HELD IN COMPLIANCE WITH THE LAW OF THE STATE WHERE THE SALE IS MADE.
2. NO OFFERS OR SALES MAY BE MADE IN ANY STATE WHERE THE OFFERING OF THE RESIDENTIAL INTERESTS IS NOT REGISTERED WITH THE STATE UNLESS THE OFFERING IS EXEMPT FROM REGISTRATION AS CONFIRMED BY ELLIOTT IN WRITING.
3. ALL OFFERS OF THE RESIDENTIAL INTERESTS IN STATES WHERE REGISTRATION IS REQUIRED WILL INCLUDE A RIGHT OF THE PURCHASER TO RESCIND THE PURCHASE (A “COOLING OFF PERIOD”) OF VARYING PERIODS (USUALLY 3 TO 10 DAYS). THIS RIGHT OF RESCISSION CANNOT BE WAIVED. A SALE CONTRACT CANNOT BECOME EFFECTIVE UNTIL AFTER PASSAGE OF THE APPLICABLE RESCISSION PERIOD. A RENTAL AGREEMENT MAY BE SIGNED DURING THE RESCISSION PERIOD SO LONG AS IT IS SIGNED AFTER THE PURCHASE CONTRACT IS SIGNED.
4. UNDER NO CIRCUMSTANCES CAN SALES AGENTS DISCUSS ANY POTENTIAL FOR INCOME, GAIN OR PROFIT RESULTING FROM PURCHASE OF THE RESIDENTIAL INTERESTS OR CAN ANY SALES AGENT OR OTHER PERSON PROVIDE A PROSPECTIVE PURCHASER WITH ANY ESTIMATE, PROJECTION OR OTHER INFORMATION ABOUT SUCN POTENTIAL FOR INCOME, GAIN OR PROFIT. THE PURCHASER IS REQUIRED TO SIGN A STATEMENT AS PART OF THE PURCHASE DOCUMENTS STATING THAT NO SUCH DISCUSSION HAS OCCURRED AND NO SUCH MATERIALS HAVE BEEN PROVIDED.

Monday, July 11, 2011

Maxim demanded more expensive product...... Maxim was paid well!

PAYMENT SCHEDULE

A B C D E
1 Analysis of Payment to:
2 "Dennis Publishing Group"
3 "Alpha Media Group"
4 License Agreement dated November 26, 2006
5 First Amendment Agreement dated April 30th, 2007
6
7 DATE AMOUNT DESCRIPTION Contract Section Comment
8 12/13/06 $100,000.00 Maxim Licensing Fee 4.1 Initial License Fee Non-Refundable
9 4/18/07 $25,000.00 Maxim Licensing Fee 4.2 Royalty Advance Non-Refundable
10 5/30/07 $25,000.00 Maxim Licensing Fee 4.2 Royalty Advance Non-Refundable
11 7/11/07 $50,000.00 Maxim Licensing Fee 3.0 Amendment Fee Non-Refundable
12 TOTAL $200,000.00 TOTAL ROYALTY FEES PAID
13
14 Need to Confirm $140,641.00 Maxim Bunglaows - Cofresi 4.3b/4 Real Estate Royalty Royalty Paid
15 5/16/08 $124,223.00 Maxim Bungalows - Cofresi 4.3b/4 Real Estate Royalty Royalty Paid
16 5/16/08 $105,878.00 Maxim Bungalows - Juan Dolio 4.3b/4 Real Estate Royalty Royalty Paid
17 $370,742.00 TOTAL REAL ESTATE ROYALTY FEE PAID
18
19 Note: - July 1, 2007 to June 30, 2008 Minimum requirement 4.4 Guaranteed Minimum $300,000
20
21 4/25/07 $1,700.00 Yacht Name Change "Independence" to "Maxim" 1.13/2 Name Change Fee
22 6/13/07 $64.65 Maxim decals for Yacht 1.13 Identification Maxim
23 7/25/07 $1,500.00 Yacht Name Change "Maxim" to "Independence 2. Amendment 1 Name Change Fee
24 $3,264.65 TOTAL YACHT EXPENSES RELATING TO MAXIM
25
26 5/26/08 $9,500.00 Maxim Magazine - Stitch In Cards Not Included in Contract Advertising
27
28 ?? $48,533.98 Liability Insurance Premium - $20,000,000 1.12/ Insurance
29
30 ???????? Legal Fees - Gardiner-Roberts, LLP Requested Amount
31
32 Note: - Contract Term November 2006 to June 2017 3.1 Term of Agreement Options for |renewal
33 Note: - Early Termination 6/30/2012 3.2 Early Termination Performance Based
34 Note: - Licensor Termination Rights 9.1 to 9.1.16 To Be Fully Reviewed
35 Note: Licensee Termination Rights 9.2 to 9.2.12 To Be Fully Reviewed
36
37
38 $632,040.63

Thursday, July 7, 2011

Representations made by Elliott

http://sunvillagefacts.com/files/Memorandums/Memorandum_Maxim_Bungalows_Residence_Juan_Dolio.pdf

Promises: 10.00% Non Use Fee per year, payable quarterly

Term: a five year period with a 10% penalty for any withdrawal prior to the 5 years. This provided the understanding a withdrawal could be possible anytime with a 10% fee.

Wednesday, July 6, 2011

Derek Elliott: The Sun Village Resort & Spa Juan Dolio opens in early 2007

http://sunvillagefacts.com/files/Marketing/JuanDolioOpeningEarly2007.pdf

Sun Village Resort & Spa Cofresi .....including the new 120 room luxury expansion, The Residence, which opens in December 2006


The Sun Village Resort & Spa Juan Dolio opens in early 2007

Saturday, July 2, 2011

Who prepared which documents for consumers

Who prepared which documents for consumers:

WPL prepared the following consumer documents
1) 18 page dislosure (Schedule to Residence Agreement)
2) Residence cofresi contract
3) Residence juan dolio contract
4) Maxim licensing and marketing agreement
5) shareholder prospectuses
6) All EMISV stock related consumer documents

Tabitha Irwin (Organgeville office) prepared the following consumer documents
1) Reservation Document (juan dolio passport)


Richard Davis (GT) prepared the following consumer documents
1) Founders fee agreement- Impact agents and family and friends ONLY
2) Fraction- Beneficial Interest closing docs.
3) Real estate Broker training documents
4) Idaho real estate disclosure/ offering
5) california exemption
6) DR closing technique
7) rental managment agreement

Sunday, May 29, 2011

Friday, May 27, 2011

Has read and understands ... ...including the 19 page "Schedule to Vacation Interval Ownership Agreement"

Additionally, Elliott included a copy of the Schedule within the Welcome Package and sent those to the clients, just to make sure all clients have received the documentation.











Thursday, May 19, 2011

Same Guy?

Home » Briefing Room » Justice News




Department of Justice


Office of Public Affairs


FOR IMMEDIATE RELEASE


Wednesday, April 14, 2010


Former Hope, Idaho Resident Indicted on Tax Charges


WASHINGTON - A federal grand jury in Boise, Idaho, has returned an indictment charging Michael Fitzpatrick, formerly of Hope, Idaho, with tax evasion and failing to file tax returns, the Justice Department and Internal Revenue Service (IRS) announced today.


According to the indictment, which was returned yesterday and filed today, from about 2002 through 2004 Fitzpatrick marketed and sold products that claimed to allow people to completely eliminate their credit card debt and other types of debt. Fitzpatrick sold these debt elimination products through the internet and through paid agents. Fitzpatrick operated under several different business names, including Dynamic Solutions Inc. and NAES Inc.


The indictment further alleges that Fitzpatrick failed to file individual income tax returns for 2003 and 2004. Fitzpatrick used offshore bank accounts and bank accounts held under the names of businesses and nominees to disguise payments for personal expenses.


In addition, the indictment alleges that Fitzpatrick, as the President of Dynamic Solutions, a Washington corporation, failed to file a corporate income tax return for 2004. Additionally, as the President of NAES, a Nevada corporation, Fitzpatrick failed to file a corporate income tax return for 2004.


An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Fitzpatrick faces a maximum of 14 years in prison and a maximum fine of $700,000.


The case is being investigated by IRS - Criminal Investigation and is being prosecuted by Tax Division Trial Attorneys Lori A. Hendrickson and Jennifer R. Laraia.

Is this the guy who introduced Catledge to Elliotts?

http://icanmastermoney.com/michael/

Friday, May 6, 2011

IS THIS a cut and paste from Diaz, Piloto and BV?

another lawyer finds away to extract MORE money from plaintiffs at least this group deserves an extraction, It looks like every person on this list is a salesman for IMPACT

http://sunvillagefacts.com/files/Court/Plaintiffs.pdf

Sunday, April 24, 2011

(Mis)-Represenations

A very interesting document provided from one of our readers:

http://sunvillagefacts.com/files/Readers/NWSProductMemo.pdf

Certain points to outline:

Impact  and clients were promised (again) a finalized Juan Dolio project by end of September 2008.

At the Miami Court Elliott blamed the lawsuit for not finishing the project. The lawsuit was launched in March 2009.


April 21, 2008 to September 21, 2008- finalize the Maxim 
Bungalows Juan Dolio through these two specific Elliott 
products

Elliott also blamed Impact for this representation. But the sales force just sold what they were told by the product provider:


 Enjoyed Fifty Percent Developer Financing with principal and interest payments being waived until the project opens in the summer of 2008. Equating to interest free (8.00%per annum) borrowing and the “Networth Feature”

Investors are still blaming sales people for their "misrepresentations and lies" to their clients. They blame the sales people for telling clients WHAT THEY WERE TOLD BY THE PRODUCT PROVIDER (ELLIOTT)!

After the Sun Village failure became public in March 2009 and the sales people distanced themselves from Elliott, certain investors still believed their lies and blaming tactics and even testified at the Miami court in their (Elliott's) favor.

Thursday, April 21, 2011

Impact playing the same game again?

There is a new group filing another lawsuit. It is very interesting that there are again many Impact members involved. Is this another plan to create distraction while the FBI is investigating? Why would they do this now after it is confirmed that the FBI is still on top of the case?

Is here somebody trying to get different results by repeating the same actions?

Anybody can confirm if these are all Impact agents?

Marjorie Aleo
Sal & Martha Aguilar
Franciso & Ema Anurez
Alma Arthur
Kathy Avila
Rodger & Jean Bonite
William Boyce
Sharon Brahms
Randy & Ronda Braithwaite
Frances Broughton
Alan Burica
Steven Cagle
Sharon Roberts
Gloria Carson
rudolph costillo
Peggy Charles
Daphne Chase
Aaron Crotty
Elizabeth Cudomre
Jerry DeClue
Gabriel Diaz
Geoff Dugmore
Maria Juana Excobedo
Rita Raygoza
Judith Ferguson Johnson
Judy Fillmore
Alice Fitzwater
Rick & Karen Francon
Adan Gahan Ceja
Lamberto & Maly Garcia
Yves & Jamie Grevais
Debra Zotti
Paul Yeager
Michel & Brent Woodward
Richard & Bobbi Wann
Victor & Cheryl Vidas
Cynthia & chris Verano
Bruce Velck
Oscar & Martha & Dan Vasquez
George Vaughn
Rosa & Franciso Vargas
Octavio & Martha & Jose Luis Valencia
Michael Tunick
Ruth & Larry Tevas
Nancy Taylor
Rosemarie Tarantino
Rhonda Stockton - Harlin
Mayra & Clark Stewart
Mary Grijavlva
Miles Grant
Esmerelda Diaz
Moises & Maria & Carolos Gonzalez
Luisa & Pedro Gomez
Norm & Robin Sorenson
Shirley Sola
Richard Schneider
Danielle & David Rocheford
Darlene Reide
Francisco & Vicente Reyes
Mildred Phillips
Mariela Pardo
Margaret Currie
Kathy Ova
Alicia & James Osborn
Cory & Kristen Nilsson
Paul Nielson
Susan Murray
Benjamin Munoz-Perez
Gloria Moore
Rama Mejia
Ozzie & Belinda Martin
Alicia Maldonado
Mayra Madrigal
Fidel & Nora Luna
David Howard
Rogelio Hernandez
Graciela Herrera
Lawrence Henry
Gary & Diane Gyurkvitz
Adan & Manuela Guitteriez
Elvire & Ana & David Lopez
Bryan & Susan Lamb
May Shin Lai
Donna Kuck
Linda Keyes
Evelyn Jones
Don & Kelly Jones
Peter Jeoung
Won Sun Jeoung
Elia Jacinto
Ignacio Jacinto
Caroline Ibarra
Antonia Ibarra

Sunday, April 17, 2011

Who was lied to??

A certain investor running her own blog is publishing many incorrect statements. She is generally blaming the sales force for misrepresentations. I’d like to correct a few of her statements and I will start with this one:

“Especially when you lied to them about the 50% loans that they took out which you promised would not have to be paid back until the resort opened.

I, as a salesman and also as an investor was told by Elliott not having to pay the 50% financed portion until the hotel opens. I received this in writing from Elliott, same as ALL the other Juan Dolio investors who financed their 50%. This is why I told so to my clients. The coversheet of our binders says:

“Financing Option: Yes, Financing payments scheduled to begin once Sun Village Resort & Spa Juan Dolio opens”

Proof: http://www.sunvillagefacts.com/files/Agreements/FractionalOwnerSummary.pdf

This binder (purchase agreement) was NOT signed by the Impact Agents, it was signed by an Authorized Representative for Ocean Palms Real Estate (SVG) Inc. My personal copy was signed by Desiree from Sun Village. My client’s binders were signed by Carolina Berges, also working for Sun Village (Elliott).

Tuesday, April 12, 2011

President Leonel Fernandez inaugurated the hotel "Be Live Carey"

The reopening of Sun Village Cofresi under the name "Be Live Carey" is already a while ago. Today the Dominican President, Leonel Fernandez attended the official inauguration.



sources: 






Saturday, April 9, 2011

What exactly was their role?


I'm looking if I can find more of these and will post. If anybody has other invoices for Gardener Roberts, DMK, Casels Brock and also for GT, please publish here. Was the product legal or not? If not, how is it possible that these lawyers did prepare all the paperwork?








Friday, April 1, 2011

Time Frame

These are commissions reported to SM Scott for the time they sold or provided their services. Accuracy may be doubted after comparing the documents posted prior.

Friday, March 18, 2011

Earl Gales sues all Shareholders while he wired money to Elliot

SV Facts,

thank you for letting me participate. This is a copy of the wire from Earl Gales to WWIN. He sent the money ($1,000,000) DIRECTLY to the Elliots and became a shareholder. Reading your earlier posts I see that the representations were made by Elliot and Lambert on behalf of them. This leaves me a few questions:

1) If he is a shareholder, why does he attack all the other shareholders?
2) If Elliot got the money, why does he attack all the other shareholders?
3) Why did he not present the communications from Elliot to him and his lawyer to the court?
4) When we make Elliot, Catledge and Lean responsible, he should be responsible too.
5) Is his lawsuit a preemptive strike to avoid to be sued himself?



Sunday, March 6, 2011

Who purchased and owns (owned) Juan Dolio? Part 2 - The Purchase Agreement

The Gran Caribe Purchase Agreement


Who made the representations?

In a prior post we published a fake document we received and which is actually used at the California courts. We were told that the Gales case reveals the guilty parties. Now who is guilty using forged documents?

These here are some real presentations made. They were not presented to the court. And these were made by Will Lambert, not by Impact...

http://sunvillagefacts.com/files/Communications/EarlGales/LambertCoverEmailTransmittal08182005.pdf

http://sunvillagefacts.com/files/Communications/EarlGales/Lambert08172005.pdf

http://sunvillagefacts.com/files/Communications/EarlGales/Lambert01122006.pdf

Saturday, February 26, 2011

Earl Gales complaint based on fake documents?

We have received and reviewed the attached document, presenting the promises from Elliott and Catledge to Earl Gales.

For some reasons this document does not appear to be an Elliott nor an Impact document.

- If it would have been done by Elliott, Derek would have signed it. He wouldn't have used the company "Elliott Resorts", he would have used “EMI Resorts (SVG) Inc". The signature is not Derek’s.

- If it would have been done by Catledge, and signed by him, it wouldn’t have been "Impact, Inc.", it would have been “D.R.C.I. Inc.”. The signature is not Catledge’s.

- The impression is created that the document was produced by Jerry Gerber. Is it Jerry’s style to put his document path on the bottom? It is definitively Lambert's style.

We may only guess who made this document. The facts are: 

1) Signatures are fake
2) Impact would present wrong information and assume responsibility at the same moment for their representations.
3) Companies mentioned were never supposed to be used for agreements.
4) Communications exist where WPL plans to throw the Idaho and Gales cases on to Impact.



http://www.sunvillagefacts.com/files/Agreements/PagesFromCompleteGalesComplaint60-63.pdf

Monday, February 21, 2011

What happened to the escrow that elliott told everyone was in place?



No money was available for escrow, but other "suppliers" were paid. Note the dates:

Date

2/14/2005
Amount
25,000.00
Ordering Customer
CCW Ltd
Sender's Correspondent
Banco Multiple Leon, S.A.
Beneficiary's Account
990117921
Beneficiary Customer Name
HLG
Remittance Information



Date
10/5/2005
Amount
100,000.00
Ordering Customer
CCW Limited
Sender's Correspondent
Banco Multiple Leon, S.A.
Beneficiary's Account
990117921
Beneficiary Customer Name
HLG Rio Suite Hotel and Casino
Remittance Information



Date
10/6/2005
Amount
25,000.00
Ordering Customer
CCW Ltd
Sender's Correspondent
Banco Multiple Leon, S.A.
Beneficiary's Account
990117921
Beneficiary Customer Name
HLG Rio Suite Hotel and Casino
Remittance Information
RFB Mike Fitzpatrick


Date
11/10/2005
Amount
130,000.00
Ordering Customer
CCW Ltd
Sender's Correspondent
Banco Multiple Leon, S.A.
Beneficiary's Account
990117921
Beneficiary Customer Name
HLG Rio Suite Hotel and Casino
Remittance Information
RFB Ref J. Ferrell