Over a 32 year period, Bob has become something of an expert at "handling" civil lawsuits against him and/or his companies. Because he is good at pretending he is a wealthy businessman, he has been able to hire attorneys of good reputation to take on his cases. He learns very quickly and knows how to totally stonewall a lawsuit against him. In fact he often gets his attorneys to believe his "stories" about people who are suing him, so much so, that he has successfully stiffed the attorneys for many thousands of dollars.
You first problem is finding him in order to have him served with a subpoena. When found, he will claim he is someone else and avoid process. In the past, many had to have him served by a private investigator with a picture of him in his hand. At the present time you can look up his companies, mostly in Colorado. and have service sent to the registered agent.
Second, whatever your accusation, he will deny it in his answer, or state that he does not remember. He may even accuse you of doing something nefarious. He avoids discovery, and also depositions. If he feels he has the upper hand, he will have you deposed and cost you as much money as possible. Your attorney may end up having to file motions to compel anything you want from him, over and over. The idea is to drag out the process as long as possible and cost you as much money as possible so you will eventually give up.
Third, let's say you finally get to trial. He will probably not show up. The judge hears the case and awards you money plus damages. You have a judgment, BUT again you have to find him. If you find him, then you have to find out where he banks, and then obtain a garnishment of his bank account. He moves money around from bank to bank, often keeping it in business accounts which are more difficult to pierce. He does not pay himself a "salary", so you really cannot garnish that. He does not keep property in his name, so that is not an option either. The idea is that he can outlast you, and then when it is possible he will bankrupt again. He just concluded his third bankruptcy in Colorado, 2005, so it will be a few years until he can file again.
Law enforcement, and bankruptcy bureaucracy tend to be useless. Bob was investigated by the FBI in Virginia in 2001, for defrauding investors in a company he had at the time. They decided not to prosecute him, since their priorities were on terrorism, and because they felt he operated just within the law. I don't agree with the latter assessment, because if his bank records were found, law enforcement could see what he has been doing. That is why he avoids due diligence. It might be worth alerting and complaining loudly to the Attorney General in the state where he has the business. Some investors in Hawaii have already gone the FBI route, and they got nowhere. Several of Bob's victims really leaned on the US Trustee in Colorado about what we knew was a fraudulent bankruptcy. However the UST's office does not even have a trained investigator and did a very poor job of it, even though they had access to quite a lot of data suggesting that Bob was lying through his teeth. I personally sat on the phone through a six hour deposition, and listened to him lie constantly about his status and reputation, his purported illness, his ownership in a company from 10 years before which he said he sold for several million dollars. He actually bankrupted this same company, claiming no assets and discharging well over a million dollars in debt and judgments against him.
This is bad news for anyone who wants to sue him. This is the purpose of this blog: to warn away anyone doing due diligence now or in the future.
Please feel free to ask questions and I will try to answer them. My next post will include all the known companies, and their "offshoots" from 1978 on. After that, I will undertake the arduous task of posting all the lawsuits I have, with case numbers and recommendations for obtaining and reading them.
Tuesday, February 3, 2009
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