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Northwest Territorial Mint - Page 15
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Thread: Northwest Territorial Mint

  1. #141
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    Northrup's Declaration

    March 8, 2019 12:35PM EST

    On its face, Northrup's declaration is pretty basic. He included 4 items: the by-laws of the UCC, the minutes of the UCC meetings, an email he sent to Gearin with a UCC member's response to Gearin's request for communications with Ross Hansen, and emails Northrup sent to Gearin mentioning two specific UCC members.


    But: boy, oh boy.

    Northrup to Calvert (Cc:ing Gearin), 17 March 2017, 4:01PM and 4:37PM: "I had a long talk with [UCC member David Petteys]. We both agree that [the UCC co-chair] has to go. Petteys has agreed to approach [another UCC member] on the same issue, to see if [that member] will go voluntarily." and "Would the two of you consider asking the court/UST to remove [the other UCC member] from the Committee, based on their collusion with Ross and [the UCC co-chair], if they refuse to resign voluntarily? Petteys might find your view on this useful. Thanks." Petteys is the attorney representing a UCC member; Petteys is also the husband of an employee of the Seattle office of the Office of the United States Trustee that has been involved in this case. Note that there is no sign of any evidence that the 2nd UCC member provided any information to Ross Hansen.

    Northrup to Calvert and Gearin, 21 March 2017, 11:07AM: "Larry Ciappellone just called me about this ... Ciappellone would like to see [the other UCC member] and [the UCC co-chair] gone from the Committee but recognizes the bad blood that it would create if the Committee actually had to vote on removal. He is also concerned about who would vote. So his view is (and he makes sense) that the Trustee should take the lead on this, not only with the email but perhaps with a communication to Martin Smith." Ciappellone is another member of the UCC. 15 minutes later, Gearin sent an email to UCC members stating that the Trustee was starting an investigation, and that Calvert "demands immediate production" of emails to Ross Hansen.


    For those that are confused: The attorney for the UCC appears to have convinced the opposing attorney to "take the lead" on an investigation with the clear goal of removing 2 UCC members. Wow. Just wow
    I'm a proud member of Eggshellman's Liar, Shill, and bully club and a new member of the Super Jew Defense League!!!

  2. #142
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    Gearin/Northrup: Cut Our Fees 45%

    March 11, 2019 3:20PM EST

    In a rare joint filing, Gearin, Northrup, Calvert, and Cascade Capital are all recommending that Judge Alston allow them to reduce their fees and costs from $5.5M down to $3.1M (with each person/group reducing their fees by about 45%), in order to address concerns that the judge had.

    On its face, it looks like attorneys "choosing the right." However, the filing is designed for one goal: to make it appear that they are getting paid less, when in fact they are not. If approved, it is all just an illusion. Why? Because the estate only has $2.2M. The $2.2M (minus a very small amount for other administrative claims) will go to the professionals, whether they bill for $5.5M or $3.1M.

    From my reading, Gearin and Northrup seems to suggest that their fees not be reduced below what cash is available, eliminating the possibility of unsecured creditors receiving a (small) payment, because "the administration of those claims would require extraordinary additional time and expense with little benefit to unsecured creditors without administrative priority." That is true, of course, but if the estate had been handled very differently -- perhaps $1.2M of total expenses with the same $2.2M cash -- no sane lawyer would ask for an extra $1M they did not bill for just because it would cost a lot to administer payments to creditors.



    Hearing: No Decision Yet

    March 14, 2019 2:10PM EST

    The audio of the March 13, 2019 hearing was just released.
    The short version: no decision was made yet on awarding fee applications.

    Judge Alston started with concerns that Calvert gave work product in response to one or more FBI subpoenas, and should not have, as it is not usable as evidence. Judge Alston is also concerned that Calvert's attitude towards Ross Hansen may have clouded his vision of how he managed the case.

    At 14:40, Calvert stated that he found the comments of the Court to be offensive, that he was considered a "mole" on the Meridian case, but it was never proven, and that the work he did was for the estate, and pointed out that he checked with his attorney before sending responses to subpoenas.

    Judge Alston pointed out that the thumb drive with emails that were originally supposed to be filed were in 400 separate pdf files that were unsearchable, and as such, he was unable to go through them all. He did have a concern about an email from August, 2016 stating that an employee left, and was going to be sued, yet no action was taken. He had a concern about another email, where someone who was not an NWTM employee or professional with the case appeared to have been authorized to conduct negotiations, when they did not work for the estate.

    Gearin pointed out that there were a number of instances of people stealing from the estate, and that Calvert "thoroughly investigated" every one. Gearin apparently thinks that Calvert's investigation of the allegations of theft of assets by Wagner (Calvert simply got a declaration from Wagner saying he didn't; later, he did an audit of die purchases) was "thorough."

    At 41:25, Judge Alston says that he got the supplemental reply where the professionals offered a voluntary reduction in fees. Judge Alston pointed out that the reality is that they would be getting a reduction whether they want to or not, due to the lack of funds in the estate. He said it would be easy to do a pro-rata reduction, but he cannot take the easy way out, as he has an obligation to creditors, to the process. He said that any award would have to be after he has come to the conclusion that the professionals are entitled to compensation. He said he is not sure if it would be an oral ruling or a written ruling.

    Gearin ended by pointing out that there have been a number of false accusations, including that China assets were diverted from the estate, that were proven false. Earlier in the hearing he pointed out how he has never intentionally misrepresented facts or tried to deceive the court. So, please, Mr. Gearin, can you please explain how Wagner's new business is able to use images that are exact duplicates of NWTM copyrighted images, despite the fact that Wagner declared he has never used any NWTM assets?
    Anyone? Anyone? Bueller?



    I'm Sorry, Calvert

    March 15, 2019 11:15AM EST

    Dear Mr. Calvert,

    At the hearing on Wednesday, you said to Judge Alston "I find your comments offensive. And I find the blog offensive." (at minute 16:20) I assume by "blog" you were referring to my blog (I have never communicated with Judge Alston outside of letters in the court docket). I want to apologize, as I in no way intended to be offensive.

    I have said many times that I try to be 100% accurate in my reporting, and reduce opinions and allegations to the bare minimum to get information across. To be fair, you were aware of my blog before your appointment as Trustee was approved, and had the opportunity to see that I write for the creditors and scrutinize Trustees.

    Let me just say this: if you (or anyone!) find errors, mistakes, or untruths in my blog, please let me know ASAP so I can fix it. I really mean it when I say I strive for accurate reporting: on the rare occasions where errors are reported (I make mistakes, and so do my sources), they are usually corrected within minutes.

    On the other hand, if what I write about you is true and you find it to be offensive, well, um, I'm sorry, but that is what this blog is about. You can control what you do, I cannot. I write for the creditors, and they need to know what is going on with the case.

    On October 3, 2016, I read that the UCC supported you hiring a production manager, and on January 30, 2017, I read that the UCC supported you hiring a CEO. I didn't question those decisions, assuming the UCC knew the facts and supported you. Both of those now turn out to be lies (in my opinion, at least, based on the facts I have seen): the UCC did not support you, despite what the record showed at the time. This is not Monday morning quarterbacking. This is finding out on Monday morning that the team threw the game, and trying to figure out why, and if there is anything that can be done to salvage things. If you find this offensive, ask yourself who controlled it, and confront them.
    I'm a proud member of Eggshellman's Liar, Shill, and bully club and a new member of the Super Jew Defense League!!!

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