Sun Village Facts: Derek Elliott

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.

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
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
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
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
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.

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

Wednesday, June 29, 2011

Derek on TV with great exciting plans

Derek on TV with great exciting plans:

http://www.youtube.com/watch?v=StRXf_hu9mI&feature=related

Thursday, June 16, 2011

Vincent Partners Agreement

New file received:

http://sunvillagefacts.com/files/Agreements/VINCENT.PARTNERS.MAXIM.EMI.CONTRACT..pdf

Tuesday, June 7, 2011

EMI Company Structures

this is very helpful, many thanks to our supporters:

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

Friday, June 3, 2011

MAXIM used Elliott fraud machine to make royalty money! Elliott fires MAXIM

http://sunvillagefacts.com/files/Agreements/SignedLicenseAgreement.PDF

Sunday, May 29, 2011

We sent this to EVERY Residence owner, both Cofresi and Juan Dolio.................

Impact agents were supposed to deliver the schedule to the clients. In any case, Elliott ALWAYS sent another copy of the schedule to the clients. When a client did not receive the documentation all safeties would have failed.

Wednesday, January 26, 2011

Blame PC and promise improvements

- We will not allow anyone to disturb that and will defend our company

[Very true, we all have learned about the Elliott counter lawsuits against unruly investors]

- we did continue to support his large financial compensation and generous lifestyle

[is this about Pablo or about Derek? We just have seen his Credit Card statement]

- Pablo was allowed to continue to control all of the finances of the company

- gave him an unlimited budget

[Why would they?]

- we all knew that changes had to be made

- we have appointed a very qualified hotel controller

[This is it, they blame an event or a person and promised positive changes which never happened. This is why we have seen the past losses and still believed in future profits]

- We have been suspicious of several transactions

[Suspicious gamble transactions? Credit Card payments? Marketing Expenses?]

- wages to his staff far above industry norm

[we need somebody sending us a corporate payroll and compare to the industry norm]

- to satisfy his employment termination as well as a professional non‐disclosure

- Neither of these agreements have been honored

- Pablo Chavez has attempted to twist and manipulate a situation within our company that is wrong, untrue and unjust through his actions and false allegations

[The non disclosure agreement is very important to Derek. There are rumors that Pablo Chavez disclosed information to a group of shareholders. These shareholders are facing a lawsuit from Elliott. Is he referring to the gambling payments by false allegations?]

- We as a company will always do whatever possible to avoid a fight

[He is contradicting his previous statement]

- nor will we fall victim to blackmail or extortion

[blackmail or extortion for something they did wrong?]

Wednesday, December 15, 2010

Who is behind Inversiones Werden?

In the wake of the aforementioned contempt proceedings, Plaintiffs brought yet another instance of potentially contemptuous behavior to the Court’s attention during a hearing on September 30, 2009. Through the questioning of Frederick Elliott at that hearing, Plaintiffs’ counsel elicited information regarding a recent transfer of the Cofresi Cove, at least two villas, and two apartment complexes from an Elliott-related company to Inversiones Werden, S.A (“Werden”), a Dominican business entity that Plaintiffs suspected was affiliated with the DMK Defendants. [Sept. 30, 2009 Tr. at 17-19]. After examining Mr. Elliott, Plaintiffs’ counsel questioned Mr. De Marchena regarding the relationship between Werden and the DMK Defendants. In response to this line of questioning, Mr. De Marchena denied any present affiliation and testified that his law firm had merely
incorporated Werden and promptly thereafter “transferred [their] shares” to a gentleman named Mr. Aleman. [Sept. 30, 2009 Tr. at 30:15 - 30:20].

Following this hearing, however, a number of submissions raised serious questions about the veracity of Mr. De Marchena’s testimony. Specifically, on October 26, 2009, Plaintiff filed a Dominican governmental certificate indicating that: (1) Werden’s address 24 is the office address of DMK; (2) Werden’s telephone number is the telephone number for DMK; (3) two of Werden’s shareholders are DMK attorneys; and (4) Werden’s secretary is Mr. De Marchena. See [DE 795]. Second, and more importantly, was the DMK Defendants’ response to Plaintiffs’ filing, which effectively conceded that Mr. De Marchena was less than candid when questioned about the Werden-DMK relationship during the September 30, 2009 hearing. Notably, the DMK Defendants’ response admitted that “the transfer of [Werden] shares [had] not been perfected” as of November 11, 2009. [DE 834, p. 2]. Thus, notwithstanding Mr. De Marchena’s testimony to the contrary, the DMK Defendants were still affiliated with Werden at the time it took title to the properties at issue.

In light of the foregoing, I now find by clear and convincing evidence that the DMK Defendants violated paragraph eight of the Monitor Order by taking actions affecting property, assets, or estates of the Elliott Defendants “without the advice of and consent of the Monitor.” See [DE 528, pp. 5-6]. Specifically, I conclude that the DMK Defendants, by virtue of their relationship with Werden, participated in the transfer of Elliott Defendant property when Werden took title to Cofresi Cove, the villas, and the apartment complexes.
See [DE 751, pp. 16-19]; [DE 528, p. 6].

source: http://www.flsd.uscourts.gov/wp-content/uploads/2010/07/09cv20526_956.pdf

Wednesday, September 15, 2010

Partytime

Tuesday, August 24, 2010

Derek Elliott about selling notes

We only have received this single file from Derek's Miami Deposition until now. The investigator/lawyer wants to know how much money was received for the Promissory Notes sold to Aviati. Fact is that they received between $400,000 to $500,000 only. [click here to see]

Sunday, November 6, 2011

Sunday, September 25, 2011

Wednesday, September 7, 2011

Friday, August 19, 2011

Wednesday, August 17, 2011

Monday, August 8, 2011

Sunday, July 17, 2011

Friday, July 15, 2011

Wednesday, July 13, 2011