5

TIMELINE PART 5

07/13/11 : Nature’s Choice Tissue, LLC was renamed
Environmental Advanced Reclamation Technology HQ, LLC [E.A.R.T.H. / EARTH] w/ WDFI

EARTH was later renamed Reclamation Technology Services, LLC on 06/14/16, and then days later renamed
Reclamation Technology Systems, LLC [RTS] on 06/17/16

Here’s an image from a June 26, 2015 archive of www.GreenBoxNA.com

[NOTE: EARTH # 1 (formerly Nature’s Choice Tissue, LLC) is a different entity than Everett Advanced Reclamation Technology HQ, LLC / EARTH # 2 that was registered w/ WDFI on 08/03/11; EARTH # 1 is the Registered Agent for EARTH # 2]

07/26/11 : WDNR responds to Todd Parczick of Alliance Construction & Design with proposed conditions for exemption from the formal air pollution control permitting process for the portable pyrolysis pilot plant.

07/27/11 : OSGC sent an ‘Open Letter to Brown County Residents’ but OSGC omitted any depiction of necessary emissions stacks from the detailed image rendering of the facility featured in its public mailing.

 

  • FILED –  Debt Action Complaint, Brown Co. Case No. 2011CV1752,  [Oneida Nation of Wisconsin / ONWI-owned] Bay Bank  v.  White Eagle Sports Bar & Grill, LLC, Paul Danforth, and [then-OBC Treasurer] Cristina Danforth

Edward J. Delgado

08/2011 to 08/2014 : New Oneida Business Committee term as Fmr. OBC Chair Rick Hill departs to do private consulting work/marijuana

  • Chair:  Edward Delgado
  • Vice-Chair:  Gregory Matson
         [Cristina Danforth’s brother-in-law]
  • Treasurer:  Cristina Danforth
         [Fmr. Treas., Fmr. Vice-Chair & Fmr. Chair]
  • Secretary:  Patricia Hoeft
  • Council Members:
    • Melinda J. Danforth
    • Vince DelaRosa
    • David ‘Fleet’ Jordan
    • Paul Ninham
    • Brandon Stevens

 

08/03/11 : Everett Advanced Reclamation Technology HQ, LLC [EARTH 2] registered w/ WDFI

EARTH 2‘s Registered Agent is EARTH 1, Environmental Advanced Reclamation Technology HQ, LLC  [f/k/a Nature’s Choice Tissue; Reclamation Technology Systems, LLC / RTS]

Frank Carlucci III – Fmr. Secretary of Defense & Deputy Director of CIA

08/04/11 : According to the April 24, 2012 Complaint for Violations of the Federal Securities Law, Virginia Securities Law, and Virginia Common Law, Jury Trial Demanded; U.S. District Court for the Eastern District of Virginia, Alexandria Division, Case No. 12-CV-451, Frank C. Carlucci III  v.  Michael S. Han & Envion Inc., regarding a ‘Plastics-to-Oil’ fraud scheme eerily similar to the fraud schemes of Abdul Latif Mahjoob / American Combustion Technologies Inc. / ACTI; Ron Van Den Heuvel / Green Box NA / Reclamation Technology Systems LLC / E.A.R.T.H.; Alliance GC / Alliance Construction & Design / P2O Technologies; Arland Clean Fuels / ACF Leasing / ACF Services / Generation Clean Fuels / Louis Stern / Eric Decator, et al.; and Oneida Seven Generations Corp. / OSGC & subsidiaries Oneida Energy Inc. and Green Bay Renewable Energy LLC:

25.  In the summer of 2011, Mr. [Frank] Carlucci’s prior investments in Envion were rolled into one convertible promissory note in the amount of $32,393,000. This convertible note, dated August 4, 2011, accrues interest at 5% annually and could be converted at any time by Mr. Carlucci into common stock of equity in the company.

26.  In connection with the issuance of the August 4, 2011 Convertible Note, Mr. Han reasserted his prior false representations to Mr. Carlucci during a series of face-to-face meetings at Mr. Carlucci’s residence, the Regency Sport & Health Club, and at Mr. Carlucci’s office in Washington, DC. Mr. Han specifically represented to Mr. Carlucci:

a.  Mr. Carlucci would receive a return on his total investment of “possibly 50 times the amount invested,” due to the “done deal” with Gazprom, and other specific projects and commitments Mr. Han had obtained or was in the process of closing for Envion, including the deal with Petrobas;

b.  All of the funds invested by Mr. Carlucci had been used exclusively for the benefit of Envion and its direct business, including the “buy out” of Mr. Han’s uncle alleged in Paragraph 20(e) above; and

c.  Envion had the exclusive patent for the Envion Oil Generator technology.

27.  During these same meetings, Mr. Han also falsely represented that former President Bill Clinton had agreed to become affiliated with Envion, possibly as a member of its Board of Directors, and that he had communicated with former President George W. Bush, who was interested in investing in Envion, as well.

28.  As Mr. Carlucci later came to find out, each of these representations was false and Mr. Han knew, or should have known, they were false at the time they were made.

29.  Mr. Carlucci reasonably relied upon Mr. Han’s misrepresentations and omission of material fact, and was justified in doing so, in accepting the new convertible note.

www.AllianceAndCo.com

  

08/10/11 – 08/12/12: WDNR approves research and testing exemption from air pollution permitting requirements through 08/12/12 for Alliance Construction & Design’s portable pilot plant using pyrolysis to create a synthesis gas (syngas) from municipal solid waste which will be combusted by an engine generator. 

08/13/11 : DOE issues Draft Environmental Assessment of OSGC’s Waste Gasification/Incineration Project– Public comments due by 09/03/11

08/15/11 : [LINK  FIXED]  August 15, 2011 Document provided by Yvonne Metivier detailing information from OSGC Secretary Mike Metoxen to Ed Delgado regarding four state entities formed by OSCG for the “biomass grant project” including:

•  Oneida Energy, Inc.

•  Oneida Recycling Solutions, LLC

•  Broadway Manufacturing, LLC, and

•  Oneida Manufacturing, LLC 

Italicized notes at the end also claim that the biomass pyrolysis device was being sold to OSGC by an…

“Alliance Energy

Alliance,LLC”

…claiming it was in delinquent status on WDFI as of 04/04/11.

Oneida Eye believes this is actually in reference to..

 ALL NATIONS

ENERGY ALLIANCE, LLC

…which was registered w/ WDFI on 05/13/09 and delinquent as of 04/01/11; Registered Agent Mark Anthony Sweet; Principal Office: 2994 E. Service Road, Oneida, WI, 54155…

THE EXACT SAME ADDRESS AS SOON-TO-BE FORMER OBC CHAIR & TREASURER CRISTINA DANFORTH’s OWN PERSONAL FAMILY BUSINESS –  WHITE EAGLE BAR & GRILL:

 

MARK ANTHONY SWEET is also the Manager of ALL NATIONS DEVELOPMENT ALLIANCE, LLC registered w/ Minnesota Secretary of State on 04/04/10: Manager: Mark Anthony Sweet; Registered Office: 7241 Ohms Ln. #275, Edina, MN, 55439; Principal Office: 350 N. Main Street, Suite 236, Stillwater, MN, 55082.

08/16/11 : MONEY JUDGMENT – Brown Co. Case No. 2009CV1050,  Wisconsin Public Service Corporation [WPS]  v.  Ronald H. Van Den Heuvel; Ann Murphy; Patrick Murphy; Chris J. Hartwig; Hilliard Limited Partnership; (Oneida Tribe-owned) Bay Bank; Eco Fibre Inc.; Baylake Bank; Fortress Credit Corp.; SHF XII LLC (Stonehill Financial LLC); Anchorbank FSB; Cordova Ventures; Industrial Technology Ventures LP; Yale Materials Handling Green Bay Inc.; Stockhausen Inc.; Sterling Industrial Sales LLC; Brian A. Everson; Hughes Socol Piers Resnick & Dym Ltd.; State of Wisconsin Dept. of Workforce Development; United States of America; Garnishees: Chase Bank; Spirit Construction Services Inc.; VOS Construction Services Inc.

  • •  DEBTOR RON VAN DEN HEUVEL:  $341,541.00
  • •  DEBTOR ECO FIBRE, INC.:  $368,734.49

09/12/11 : William C. Bain gave $250 contribution to Scott Walker; Employer VOS Electric

  • Arian Zafari ,LLC registered w/ WDFI; Changed Registered Agent on 10/03/12; Notice of Dissolution on 07/06/15; Restored to Good Standing on 08/04/15 and Registered Agent changed to Arian Zafari

[See also Zafari’s Inc. registered w/ WDFI by Saboor Zafari on 05/25/83 and renamed American Combustion Technologies Inc. [ACTI] on 07/22/99, as well as Arian Engineering & Combsution Systems, Inc.  registered w/ in Illinois Sec. of State on 01/30/90 w/ A. Latif Mahjoob as Registered Agent & President]

09/13/11 : WDNR issues Conditional Plan of Operation Approval for OSGC’s waste incinerator

  • Fiber Solutions, LLC administratively Dissolved w/ WDFI; Registered Agent Daniel Hilliard; started on 07/18/08 

Archive: www.American-Combustion.com

09/22/11 : Nature’s Way Estates, LLC reg’d w/ WDFI; Registered Agent is Patrick Murphy who is Ron Van Den Heuvel’s brother-in-law via Ron’s sister, Ann Murphy.

09/26/11 : FILED – Brown Co. Case No. 2011CV2197, Capital One Bank USA NA v. Debbie Stary; Garnishees: Green Box NA Green Bay, LLC & National Packaging Services Corp.

09/28/11 : The Oneida Business Committee [OBC]  adopted OBC Resolution 09-08-11-B, ‘Oneida Tribe of Indians of Wisconsin’s Resolution in Support of the ‘Tribal Clean Energy Resource Center’ [TCERC] Proposal Sponsored by Various Tribal Leaders, Tribal Organizations and Northern Arizona University’

 

  • The Sierra Club, Incinerator-Free Brown County [IFBC] , and Waukesha County Environmental Action League [WEAL] issue joint press release titled, ‘Don’t let Oneida Seven Generation Corporation’s Risky Garbage Combustion Project Become Wisconsin’s Solyndra’

09/29/11 : Green Bay Press-Gazette, ‘Company ceases biomass facility talks, Brown Co. officials perplexed; board was to act on deal today’ regarding a proposed modification to the tri-county solid waste agreement to divert waste to OSGC’s proposed incinerator

“I’m Mayor Sssschmitt. Welcome to Green Bay! Wanna do businessss? Trusssst me!”

09/30/11 : OSGC gave a $500 check to Green Bay Mayor Jim Schmitt as reported on Mayor Schmitt’s 01/31/12 Campaign Registration Statement; Schmitt eventually returned the money to OSGC once he was under criminal investigation.

 

Mayor Schmitt was later convicted and sentenced for other campaign finance violations, including taking corporate donations, lying about & inventing donor identities, and trying to cover-up the truth when he was caught lying to the public while in office.

 

 

According to the July 2, 2015 Brown County Sheriff’s Dept. Search Warrants for Ronald Van Den Heuvel / Green Box NA Green Bay, LLC:

8. Through documents and information provided by Araujo and his attorneys, your affiant became aware that the WISCONSIN ECONOMIC DEVELOPMENT CORPORATION [WEDC], a public/private entity operated in part by the State of Wisconsin, was a potential victim of fraudulent representation made by RONALD H. VAN DEN HEUVEL in order to obtain a loan from the WEDC for approximately $1.3 Million. Your affiant made a request from the WEDC and obtained all of WEDC’s documentation of the loan made to [RVDH] and [GBNAGB].

9. Your affiant is aware, through documents provided by [WEDC] and record and documents contained on a thumb drive provided by Guy LoCascio, a former contract accountant for [GBNAGB] and [RVDH], that [RVDH]…doing business as Green Box NA Green Bay, LLC,…made representations to [WEDC] in order to receive funds from them, and once funds were received, [RVDH] paid personal debts with the money.

10. Through your affiant’s investigation thus far, it has been found that Ronald H. Van Den Heuvel, doing business as Green Box NA Green Bay LLC, did supply fraudulent information in his application for funding from WEDC, based on your affiant’s review of the file provided by WEDC which contained documents and statements, the document provided by Araujo’s attorneys [GODFREY & KAHN] from Brown County cases 13CV463 and 15CV474 and documents contained on the thumb drive provided by Guy LoCascio. …

11. Your affiant found that [RVDH], doing business as [GREEN BOX NA GREEN BAY], failed to provide documentation, as promised, to WEDC, which would constitute proof of the required capital contributions of $629,000 from a related entity, E.A.R.T.H. … and $5,500,000 from VHC, Inc., and made material misrepresentations to WEDC about actually receiving the money as backing, despite the fact that money was never received. In addition, [RVDH] never listed VHC, Inc., which is comprised primarily of Van Den Heuvel family members, as having any ownership in [GBNAGB], despite the fact that [RVDH] represented to WEDC that VHC, Inc., contributed $5,500,000 of operating capital. …

19. Thames stated that he saw a year-end financial statement which showed that Ronald H. Van Den Heuvel owes VHC, Inc., and other Van Den Heuvel family-owned businesses approximately $115,000,000. Thames identified people and businesses listed on the [RVDH] presented in civil courts showing how Marco Araujo’s investment of $600,000 was spent. Of the $600,000, at least $280,000 was used for [RVDH]’s personal expenditures. Thames has seen tangible evidence of the aforementioned information on the shared drive of the office computer at 2077 Lawrence Drive, Suites A and B, City of De Pere, Brown County, Wisconsin.

20. On April 27, 2015, your affiant conducted an interview [with] Guy LoCascio…who provided a verbal and written statement and also provided financial documents in an electronic format. Guy J. LoCascio is a certified public accountant who did accounting work for [RVDH] and [Green Box NA Green Bay]. LoCascio indicated that while attempting to sort out [RVDH]’s financial accounts, he noted that [RVDH] had not filed federal or state tax returns and large amounts of cash could not be accounted for. LoCascio informed [RVDH] if an accounting could not be made, [RVDH] would have to pay the company back as if the cash had been a loan.

21. LoCascio stated [RVDH] had many companies for which he was listed as an agent, president, principal, or chairman. [RVDH] would take money for his personal use from all of his companies.

22. While on site at the [GBNAGB] offices located at 2077 Lawrence Drive Suites A and B, LoCascio saw that office employees would be forced to enter whatever [RVDH] told them to enter into the computer for accounting purposes. LoCascio’s information about employees being ordered to falsify financial transaction information was later confirmed by another [GBNAGB] employee, Tami Phillips, who also indicated in her written statement that she was told to make false entries and with each false entry she made, she would indicate “per Ron” in an attempt to avoid culpability.

23. LoCascio said he knew [Ron Van Den Heuvel’s] company, Green Box NA Green Bay, received over $1,000,000 from the State of Wisconsin [WEDC]. [RVDH] was compelled, as part of the fund’s disbursement process, to supply a reckoning of how the funds were spent. The document required a CPA’s signature. Neither LoCascio, nor CPA Steven Huntington, had signed the document to WEDC. LoCascio states Phil Reinhart asked LoCascio to sign a prepared financial statement, but LoCascio refused because he was concerned about the veracity of the statement. LoCascio stated much of the bookkeeping for some of the many companies under [RVDH]’s name was in the form of a checkbook register only, rather than accepted accounting principals.

24. LoCascio said [RVDH] would frequently move money and assets, such as machinery, without corresponding documentation.

25. As part of his work as a subcontractor through LoCascio & Company, LoCascio held a partial thumb drive backup of computer-filed financial records. This is common practice in LoCascio’s role as CPA. LoCascio volunteered to share the contents of his thumb drive with your affiant. Your affiant obtained a search warrant to view the contents of the thumb drive. The search showed:

a. Items gleaned from the search of LoCascio’s thumb drive include: Information about inflated valuation of patent and intellectual property that [RVDH] claimed to possess. The values were not documented using generally accepted accounting practices. On the thumb drive, there was evidence of money being transferred between accounts of several business to cover shortfalls. The specifics accounts from which money was transferred will be determined through this search warrant. A chart of banks and the last 4 digits of account numbers were located and can help to verify full account numbers, if located during the search. The documents contained on LoCascio’s thumb drive also confirm his statements relative to [RVDH]’s frequent transfer of assets between business and the conversion of investment dollars and loan protocols into personal use.

10/07/11 : IEP Development, LLC changed Registered Agent to Kevin Cornelius [CEO of OSGC, President of GBRE]; IEP Development, LLC was defunct by 01/12/15 and was Administratively Dissolved on 08/11/15 

Affiliated w/ International Energy Partners of Caribou, Maine in which Marc Hess of MH Resources was a Member; IEP Consulting Services; IEP Services; IEP Ltd.

10/17/11 : According to the July 2, 2015 Brown County Sheriff’s Dept. Search Warrants for Ronald Van Den Heuvel / Green Box NA Green Bay, LLC:

a. WEDC perfected a security interest in all of Green Box NA Green Bay [GBNAGB]’s personal property as of October 17, 2011. Section 5(a) of WEDC security agreement with Green Box NA Green Bay, LLC [GBNAGB] shows that [GBNAGB] was to keep the collateral free from all liens, encumbrances, and security agreements other than that entered into with WEDC. Ron Van Den Heuvel [RVDH] doing business as [GBNAGB] pledged and re-pledged WEDC’s collateral to other creditors multiple times over, according to WEDC’s documents and statements and the thumb drive from Guy LoCascio.

b. Accounting records provided by LoCascio demonstrated that [GBNAGB] received approximately $1.3 Million from the WEDC loan on October 21, 2011 and within days a substantial portion of the loan proceeds were transferred to bank accounts for other business entities and converted the funds for his personal use and paid both personal debts and debts owned by business entities in which [RVDH] had an interest, but which were unrelated to the business activities of [GBNAGB].

c. WEDC agreed to release its lien on a portion of the [GBNAGB] property when Utica Leaseco, LLC, purchased Stonehill Converting and Straubel Paper, thereby leasing the property to [GBNAGB]. Utica filed a UCC lien on or about September 5, 2013, but the partial release was not secured for partial release until October 7, 2013, according to documents and statements provided by WEDC.

d. Three months later, [RVDH] doing business as [GBNAGB] granted a security interest on…much of the same leased property to Maple Bridge Funding which is insured by Ability Insurance Company, including, but not limited to, Hobema, rewinders, Sintesi, Ocean, and two Bretting Machines, based on documents and statements from WEDC.” [July 2, 2015 Brown County Sheriff’s Dept. Search Warrants for Ronald Van Den Heuvel / Green Box NA Green Bay LLC]

Ownership of the Bretting Machines is in dispute as seen in the October 28, 2016 First Amended Complaint, Brown Co. Case No. 16CV1137,  Daniel J. Platkowski  v.  Ron Van Den Heuvel; Howard Bedford [rep’d by Godfrey & Kahn]; Tissue Technology LLC; Glen Arbor LLC; Quotient Partners [dismissed defendants: GlenArbor Equipment LLC; Reclamation Technology Systems LLC; Stonehill Converting LLC; Horicon Bank]

10/26/11 : October 26, 2011 Complaint and Exhibits A & B, Brown Co. Case No. 11CV2445,  Julie Gumban  v.  Ron Van Den Heuvel, Kelly Van Den Heuvel, KYHKJG LLC, Tissue Products Technology Corp. & Tissue Technology LLC [later refiled as Brown Co. Case No. 12CV479]

  • Tissue Products Technology Corp. changed Registered Agent on 04/11/07, and 05/20/09, and 11/11/14, and on 08/24/17 to Ron Van Den Heuvel; TPTC was Organized w/ WDFI on 12/11/01 as Oconto Falls Tissue Technologies, Inc, but changed names 02/04/02
  • Tissue Technology, LLC changed Registered Agent on 05/19/09, and 06/29/15, and on 08/24/17 to Ron Van Den Heuvel; TTL was organized 04/17/06

 

Oneida Energy, Inc. (BIA can get $ back)
Oneida Recycling, LLC (BIA cannot get $) …

4. Investors and Shareholders
     (who will have oversite?)
     Must disclose under GTC Directive

Ed,

In 2007, Glory [LLC / OSGC] allowed Nature’s Way [Tissue] Corporation to switch to be TTL, LLC. That way Artley [Skenandore Jr.] et al [i.e. Ron Van Den Heuvel & Steven Peters] could not have personal assets attached for repayment as a corporation, but as an LLC could only have the business’ assets attached. [OSGC CEO] Kevin Cornelius et al plan to do the same with Oneida Energy, Inc. switch to Oneida Recycling [Solutions], LLC.

Highly Suspect

 

11/01/11 : US Dept. of Energy issues its Final Environmental Assessment for the OSGC: Energy Recovery Project, Green Bay, WI

  • IFBC addresses Green Bay Common Council about the city’s need to obtain indemnity to clean up the environment and to restart trash disposal at the tri county landfill.  This is due to the high risk of failure for the Oneida Energy incinerator as its economic model hasn’t been shown to be different than that from the failed Harrisburg, PA, incinerator that forced the city into bankruptcy

11/10/11 : WFAA – Dallas, TX: City junket to Europe leads to more waste for South Dallas

DALLAS – At a time when city services were on the chopping block, Dallas city sanitation officials were taking trips around the county and to Europe.

They were traveling at the invitation of a start-up company pushing a product that no one is sure the city even needs.

Last Saturday, you could hear hundreds of them as they crossed the Trinity River bridge. They were the voices of dissension. Students and community activists protesting the city’s recent vote to force waste haulers to take all of the city’s commercial waste to the McCommas Bluff Landfill in South Dallas.

That landfill is less than a two miles away from Paul Quinn College, where president Michael Sorrell is struggling to revive the image of his side of town.

“And if you double the amount of trash that comes here, the message you are sending to potential developers is this is what you think of this community,’ Sorrell said.

In late September, Dallas Mayor Mike Rawlings cast the deciding vote to send all garbage to the McCommas landfill without further study. He said the opponents just didn’t understand.

“I think this thing has been obfuscated so much that people are so confused by it, Rawlings said.

Directing all the trash to the city’s landfill, also called ‘flow control,’ is the first phase in what the city billed as a radical idea to recycle [sic] up to 90 percent of all the city’s waste.

It’s an idea that was pushed last May at City Hall by George Gitschel, C.E.O. of a California Company called Organic Energy Corporation, or O.E.C.

Gitschel said he designed a recycling plant in Roseville, California, that is the most advanced recycling plant in America.

___________________

George Gitschel – Organic Energy Corp. & EcoHub LLC

NOTE: OEC is now part of on of Gitschel’s other companies,  www.ECOHUB.net, a partner of Ron Van Den Heuvel’s Green Box NA and EcoHub Wisconsin, LLC [f/k/a Green Box Wisconsin, LLC / Green Box NA Wisconsin OP, LLC] now managed by Stephen A. Smith / GlenArbor Partners, LLC.

GEORGE GITSCHEL sent Oneida Eye’s Publisher emails threatening to sue if mention of him was not removed from OneidaEye.com.

GEORGE GITSCHEL was informed that – while the ‘discovery’ process for his frivolous lawsuit sounded like a lot of fun – he should instead go and tell the authorities everything he knows about his scheme partner Ron Van Den Heuvel.

GEORGE GITSCHEL has not replied since.

___________________

It is the kind of green initiative that just might have convinced council members to send all commercial garbage to its landfill and make money.

“O.E.C. is offering to provide up to $50 million per year in revenue to Dallas, Gitschel said.

With a vote scheduled for September, city officials had to hurry.So in July, the city spent $2,500 to fly Sanitation Director Mary Nix and Mayor Pro-Tem Tennell Atkins to California to look at Gitschel’s design.

Three weeks later, three of Nix’s workers spent another $2,700 to visit the same plant in California and two other recycling facilities in Arizona, owned by another company.

Three weeks later, Gitschel organized a more exotic, seven-day trip, for the same three sanitation department workers, this time to Germany and England to look at similar recycling plants. The overseas trip cost taxpayers more than $10,000.

Yet according to the e-mails obtained by News 8, one of the workers reported back to Nix calling the recycling cost steep, about $100 dollars per ton . Dallas currently charges waste haulers about $21 per ton to dump. Nix responds back in the same e-mail, sounds like not-a-good-fit for us? 

In all, the city spent more than $14,000 touring with Organic Energy Corporation and [Geroge] Gitschel. News 8 also found an e-mail in which Nix and Gitschel apparently strategize on how to best market his plan at an upcoming city council meeting.

Nix compliments Gitschel on his great speakers group. Nix then counsels Gitschel to “speak at the end of the meeting because it allows you to alter your message as may be appropriate.” Gitschel then said “thank you” to Nix and tells her our intention is to knock it out of the park. 

News 8 has also learned [ORGANIC ENERGY CORPORATION], formed last year, has never built a plant a recycling plant despite its web site depiction of already having a facility in Dallas.

As to their claim of being able to recycle 90 percent of all waste?

Even the California plant Gitschel said he designed can only recycle less than 50 percent of what it takes in.

What’s more, according to the plant’s general manager, the facility was actually designed by a Canadian company called MachineX. Gitschel assisted only with the design concept, he said.

Dallas City Council Member Scott Griggs was one of seven who voted against flow control six weeks ago. Now that News 8 has shown him the trip costs and e-mail exchanges, Griggs said he believes the debate should be renewed.

“I met with O.E.C. They came to my office. I didn’t believe their sales pitch. It just seemed too good to be true,” said Griggs.

“So on behalf of the taxpayers we have a duty, Griggs said. We always need to keep an arms length relationship with our vendors and we really need to look at competition and get multiple vendors bidding against each [other] so we can ferret out the snake oil salesmen.”

The Dallas City Manager’s office declined our request for an interview.

The city did provide us with this statement: Travel was approved to explore the viability of recovery or waste resources for alternative use. It was prudent to determine the practicality of such facilities for Dallas.

While ‘flow control’ is slated to take effect in January, opponents say they anticipate a lawsuit will be filed to prevent it.

Watch your investment dollars go down the drain…

Note the slides that name GREEN BOX NA as an ECOHUB collaborator and an integral part of the proposed ECOHUB facilities:

 

TEXANS

FOUGHT  BACK:

 

11/11/11 : OSGC via Susan Finco issues a press release announcing the DOE’s “Finding of No Significant Impact (FONSI)” for OSGC’s proposed waste incineration facility in Green Bay.

Susan Finco hard at work promoting energy schemes – some of which seem to be criminal frauds.

11/16/11 : OSGC & Oneida Energy, Inc. CEO Kevin Cornelius signed the $2 Million Promissory Note for the November 11, 2013 Contract # SEP FY10-20265, WI State Energy Program Loan Agreement between WEDC and Oneida Energy Inc

The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

Former Green Bay Mayor PAUL JADIN was the CEO of WEDC.

11/25/11 : Non-Tribal OSGC Board member Paul Linzmeyer emailed  Fmr. OBC Chair Ed Delgado’s Elder Advisor Yvonne Metivier, Subject: “Actions ED should take” to protect the Oneida Nation of Wisconsin from Tribally-owned Oneida Seven Generations Corp. which Ed Delgado failed to do, resulting in tens of millions of dollars in losses to GTC on the schemes of Ron Van Den Heuvel & OSGC

[Ed] must read the [CONFIDENTIAL October 30, 2008 OSGC AUDIT by the ONWI INTERNAL AUDIT DEPT.] as it appears that [OSGC] is still not in compliance with the issues brought up there …. While my previous emails may have seemed to soften my stance on [OSGC] after reading the 2008 audit I am very concerned. [Ed Delgado] should order a followup to the 2008 audit and then have an independent counsel review how the tribal law was violated and possible action. (much of this is business 101)…

I am very concerned


about this whole mess.

12/01/11 : Green Bay Press-Gazette: Incinerator-Free Brown County / IFBC and protesters picket outside the Brown County Library at the Materials Separation Plan hearing IFBC receives legal threat from OSGC’s attorney Arthur Harrington from the Godfrey & Kahn lawfirm


12/17/11 : IFBC and Clean Water Action Council of Northeast Wisconsin (CWAC) teamed up to place announcements on  billboards showing opposition to the Oneida Seven Generations Corporation’s (OSGC) proposed trash incineration scheme on the northwest side of Green Bay that proposed turning garbage into electricity. The billboards were located on W. Mason St. bridge, Main St. by Wal-Mart, Lombardi Avenue at Ridge, and HWY 172 in Ashwaubenon.

 

GREEN  BAY AREA

    

RESIDENTS

    

FOUGHT  BACK:

 

12/09/11 : NBC 26 WGBA reports on the IFBC and CWAC billboards, and the legal threat issued by OSGC’s attorney Arthur Harrington from Godfrey & Kahn

12/11/11 : CBS 5 WFRV reports on the IFBC and CWAC billboards, and the legal threat issued by OSGC’s attorney Arthur Harrington from Godfrey & Kahn

12/13/11 : Tissue Products Technology Corp. administratively Dissolved w/ WDFI; Registered Agent Ron Van Den Heuvel; Started on 12/11/01; Orignally named Oconto Falls Tissue Technologies, Inc.

12/15/11 : Green Bay Renewable Energy, LLC [GBRE] incorporated/formed in Delaware

•  See the January 17, 2012 Sovereign Finance Memorandum to Oneida Business Committee re: ownership of Green Bay Renewable Energy, LLC [GBRE]

12/20/11 : William C. Bain gave $500 contribution to Scott Walker; Employer VOS Electric

12/31/11 : OSGC Disclosure Report & Narrative Report as of December 31, 2011, which failed to even mention the existence of OSGC-subsidiaries Oneida Energy Blocker Inc. and Green Bay Renewable Energy LLC, which had both been incorporated in the State of Delaware on 12/15/11

OSGC Attorney Carl Artman

2012 : Fmr. Asst. Sec. of Indian Affairs Carl Artman was listed in OSGC’s FY2011 & FY2012 Reports as an ‘Independent Tribal Vendor’ hired as OSGC’s ‘Attorney’

 

 

Unfortunately, financing this venture became a problem. [Ron Van Den Heuvel] had believed that he would be paid as a result of the Notes due from the sale of the Oconto Falls Tissue, Inc. plant to ST Paper and such proceeds could be utilized to fund this project. In 2012, that obligation went into default and he has been in litigation in the United States District Court of Wisconsin for several years concerning enforcement of the contracts. Promises had been made by RVDH with regard to funds borrowed for the acquisition of various parts of the proposed enterprise, which could not be kept. Creditors were put off with numerous representations that funding was imminent and the situation became untenable for some.

01/12/12 : Green Bay Mayor Jim Schmitt and Marc Hess of OSGC majority-owned IEP Development, LLC and Dominion Equities S.R.L. lobby for sister cityhood with Santiago, Dominican Republic

[Green Bay] Mayor [Jim] Schmitt spoke briefly on behalf of item #4 and stated that there is a great opportunity for the City to be more connected with the world. In the next ten years, we are going to see a tremendous amount of growth in the world from lower class up to middle class and from middle class to upper class. The majority of people will move to middle class. There is a lot of opportunity in the world. Outside and in the United States it is nice to have a relationship with the Mayor. There is a tremendous economic upside to Green Bay. The City of Green Bay does get asked to be a Sister City all of the time. The Mayor supports the City of Green Bay becoming a Sister City of Santiago, Dominican Republic one hundred percent. (Mayor Schmitt left the EDA meeting to attend another meeting.)

NEW BUSINESS:

4.    Presentation by Marc Hess [Member of International Energy Partners of Caribou, Maine; OSGC / OEI / GBRE-affilated IEP Development ; owner of MH Resources, and Fmr. Board Chair of Town of Ledgeview, WI]on the City of Green Bay becoming a Sister City of Santiago, Dominican Republic. The Mayor is seeking the EDAs input. Marc Hess of Dominican Equities S.R.L. stated his background is energy and finance and works for WPS in Green Bay. He went to the Santiago, Dominican Republic because they have high energy prices, a lot of waste, poor energy quality and a very quick return on investment. M. Hess met with Mayor Gilberto Serulle and was offered a position as the Energy Advisor.

G. Sikich asked what involvement the City of Green Bay would have. Marc Hess stated a sister city relationship would be to formulize a relationship between the two cities Green Bay and Santiago and provide economic opportunity and community benefit that would benefit many businesses.

Marc Hess passed around a letter from Dr. Gilberto Serulle, Mayor of the City of Santiago, Dominican Republic (see attached) stating he is interested in forming a sister city relationship to build upon the foundation of friendship, to promote tourism for the city, attract investors, and encourage exchange of education and job creation. Marc Hess indicated that Santiago is the 2nd largest city in the Dominican Republic with a population of 1.2 million people and Santo Domingo is the capital.

He gave a power point presentation regarding economic opportunities for the City of Green Bay to become a sister city with the City of Santiago, Dominican Republic to the EDA board and discussed the following: Historical Perspective; Growth in Key Industries; Economy; Recent Economic Growth; SMART Program; Potential Green Bay Business Connections.

Motion to support the City of Green Bay establishing a sister city relationship with Santiago, Dominican Republic. Motion made by M. Milano, seconded by M. Vogel.

Motion carried.

01/17/12 : Sovereign Finance sent a Memorandum to OBC re: the true ‘ownership’ of Green Bay Renewable Energy, LLC / GBRE 

The purpose of this memorandum is to provide the Business Committee of the Oneida Tribe of Indians of Wisconsin with a summary overview of the financial implications of the capital structure proposed by Sentry Financial in their Term Sheet dated January 2, 2012. Bear in mind that these are financial projections and rely upon the assumptions by management and Alliance Construction, therefore actual results could very [sic] materially from what has been presented here. …

 

01/24/12 : PICWorld.com Press Release: PIC Group Inc. – a wholly owned subsidiary of MARUBENI GROUP headquartered in Tokyo, Japan – announces it will operate and maintain the OSGC incinerator:

ATLANTA (Janaury 24, 2012) – PIC [Group Inc.] is pleased to announce that it has entered into a full care, custody and control Operations and Maintenance agreement with Oneida Energy [Inc.] for a new biomass gasification project located in Green Bay, Wisconsin.

01/27/12 : Crosskeys Investors, LLC restored to good standing w/ WDFI

02/02/12 : February 2, 2012 Letter from Baker Tilly Partner/CPA Richard Frohmader to Kevin Cornelius, Oneida Seven Generations Corp. dba Green Bay Renewable Energy, LLC

OSGC President & Chair and Oneida Gaming Commission legal counsel Atty. William ‘Bill’ Cornelius was later employed by Baker Tilly Virchow Krause, LLC

02/08/12 :  OBC adopted OBC Resolution 02-08-12-A, ‘Amendment to the Corporate Charter of the Oneida Seven Generations Corporation Regarding Appointment of Members of the Board of Directors’

02/16/12 : U.S. Energy Secretary Steven Chu announces 19 “Clean Energy Projects” Awards

OSGC Pres. & Chair Bill Cornelius and OBC Member Brandon Stevens met with USDoE Sec. Steven Chu and Indian Energy Director Tracey LeBeau

02/22/12 : Oneida Business Committee adopted OBC Resolution 02-22-12-A, ‘Amending Oneida Seven Generations Corp. Charter regarding Registered Agent’

Frank Carlucci III – Fmr. Deputy Director of CIA

03/2012 : According to the April 24, 2012 Complaint for Violations of the Federal Securities Law, Virginia Securities Law, and Virginia Common Law, Jury Trial Demanded; U.S. District Court for the Eastern District of Virginia, Alexandria Division, Case No. 1:12CV451, Frank C. Carlucci III  v.  Michael S. Han & Envion Inc., regarding a ‘Plastics-to-Oil’ fraud scheme eerily similar to the fraud schemes of Abdul Latif Mahjoob / American Combustion Technologies Inc. / ACTI; Ron Van Den Heuvel / Green Box NA / Reclamation Technology Systems LLC / E.A.R.T.H.; Alliance GC / Alliance Construction & Design / P2O Technologies; Arland Clean Fuels / ACF Leasing / ACF Services / Generation Clean Fuels / Louis Stern / Eric Decator, et al.; and Oneida Seven Generations Corp. & OSGC subsidiaries Oneida Energy Inc. and Green Bay Renewable Energy LLC / GBRE:

30.  In March 2012, Mr. Carlucci began to suspect for the first time that the representations made by Mr. Han had omitted material facts in his representations to Mr. Carlucci that induced Mr. Carlucci to invest in Envion.

31.  Specifically, an energy consultant who traveled to Brazil with Mr. Han in March 2012, informed Mr. Carlucci for the first time that Envion had no joint venture with Petrobas or any reasonable basis for concluding that a joint venture would materialize.

32.  The information provided by the energy consultant caused Mr. Carlucci to engage in further investigation of Mr. Han and Envion. As a result of that investigation, Mr. Carlucci learned for the first time between late March and mid-April, 2012, that:

a.  Envion did not own any patent for its Envion Oil Generator technology;

b.  Envion did not use the $20,000,000 investment to buy-out Mr. Han’s uncle or for any legitimate purpose of Envion. Instead, Mr. Han used the funds to move the company to Florida and purchase a multi-million dollar personal residence for himself.

c.  As alleged above, there was no “deal” with Gazaprom or Petrobas;

d.  On information and belief, Envion did not have a “backlog” of “2,000 orders” for its Oil Generators;

e.  None of the “all star list” of investors alleged in Paragraph 14(c) above had in fact invested any funds in Envion;

f.  Former President Bill Clinton had no affiliation with Envion and former President George W. Bush had not expressed interest in investing in Envion;

g.  Envion had at most a few months of available financial resources before it would be completly insolvent and unable to pay any of its obligations.

33.  When Mr. Carlucci learned of this information, he requested the opportunity to have an accountant audit the books, records, and intellectual property of Envion. Mr. Han refused, instead writing that he was busy with other business for the immediate future, and requesting a meeting with Mr. Carlucci, presumably to further deceive him about the true state of affairs with Envion.

34.  As a direct and proximate result of the foregoing conduct of Envion and Mr. Han, Mr. Carlucci has been damaged in an amount no less than $32,393,000.

  • November 1, 2012 Amended Memorandum Opinion, U.S. District Court in the Eastern District of Virginia, Alexandria Division, Case No. 1:12CV451, Frank C. Carlucci III  v.  Michael Han & Envion Inc. regarding a ‘Plastics-to-Oil’ scam that bilked the Fmr. Dept. Director of the CIA out of $36 Million – eerily similar to the fraud schemes of Abdul Latif Mahjoob / American Combustion Technologies Inc. / ACTI; Ron Van Den Heuvel / Green Box NA / Reclamation Technology Systems LLC / E.A.R.T.H.; Alliance GC / Alliance Construction & Design / P2O Technologies; Arland Clean Fuels / ACF Leasing / ACF Services / Generation Clean Fuels / Louis Stern / Eric Decator, et al.; and Oneida Seven Generations Corp. / OSGC & subsidiaries Oneida Energy Inc. and Green Bay Renewable Energy LLC

Footnote 5: Plaintiff states that a patent search of the United States Patent and Trademark database revealed that neither Mr. Han nor Envion is the named inventor or owner via assignment (or otherwise) of any such technology patents. Plaintiff further states that an application was not so much as even submitted until March 2012, well-after the representations that Mr. Han made to Mr. Carlucci. Prior to that March 2012 application, “Envion had only filed … a “provisional” patent application, which merely served as a placeholder, … and from which no patent did or could issue.” …

Footnote 6: “The fact that neither Mr. Han nor Envion owned any patents for the Envion Oil Generator technology was corroborated shortly thereafter by Mr. Han. Under the threat of litigation, on April 5, 2012, in response to a letter from Mr. Carlucci’s attorney, Mr. Han sent Mr. Carlucci a document titled, ‘Envion Projects October 2011-March 2012.’ This document made clear for the first time that as of ‘October 2011-March 2012,’ Envion was only preparing to file patent applications in the United States, Brazil, and 35 European countries.”

Footnote 7: The Amended Complaint also alleges that the fact that neither Mr. Han nor Envion owned a patent to the technology was further corroborated through Defendants’ Motion to Dismiss Mr. Carlucci’s original Complaint, in which Defendants identified a Korean patent and international patent application that they claimed to demonstrate Envion’s positive ownership of a patent to the Envion Oil Generator technology. Plaintiff alleges that this Korean patent identifies neither Mr. Han nor Envion as inventors or owners, but instead identifies “Myung Duck Ma” as its inventor. This individual is the “Uncle Ma” referenced by the parties. Plaintiff alleges that Defendants have provided no assignment of those patent rights, which they allege apply only within Korea. Plaintiff further alleges that there is no evidence that any patent ever issued based on the international application. …

Footnote 8: Specifically, Mr. Carlucci allegedly learned that Uncle Ma was not simply an investor in Envion, as Mr. Han had previously represented. Rather, Uncle Ma and Mr. Han had allegedly entered into a purchase agreement whereby Uncle Ma would sell Envion certain rights that he owned to the technology underlying the Envion Oil Generator. However, that agreement is alleged to have been unconsummated because Mr. Han never paid Uncle Ma all of the money required.

03/02/12 : FILED – Complaint, Brown Co. Case No. 12CV479,  Julie Gumban v. Ron Van Den Heuvel, Kelly Van Den Heuvel, KYHKJG LLC, Tissue Products Technologies Corp. & Tissue Technology LLC

03/05/12 : Incinerator-Free Brown County / IFBC and Sierra Club representatives meet with the Village of Suamico President about OSGC’s proposed waste incinerator

03/07/12 : FILED – Brown Co. Case No. 2012CV505,  Horicon Bank  v.  Kelly Van Den Heuvel

03/15/12  : By invitation, Incinerator-Free Brown County / IFBC speaks to the NEW Audubon Society and a birding club about OSGC’s waste incinerator project

03/12/12 : According to the July 1, 2013 Complaint in Brown Co. Case No. 13CV1065,  Tina Fritsch  v.  Generation Clean Fuels, LLC

1. The plaintiff, Tina Fritsch, is an adult resident of the State of Wisconsin….

2. Upon information and belief, the defendant, Generation Clean Fuels, LLC, [GCF] is a Delaware limited liability company with principle offices located at 630 Davis Street, Suite 300, Evanston, Illinois, engaged primarily in the business of generating and selling energy for consumption by the general public.

3. Upon information and belief, Generation Clean Fuels, LLC was formerly known as Arland Clean Fuels, LLC [ACF], that entity having changed its name to Generation Clean Fuels, LLC [GCF] sometime after March 2012.

4. Prior to March 2012, representatives of the defendant, including [GCF/ACF] president and CEO, Michael S. Flaherty, and Galen LaCrosse, began contacting Michael Fritsch, the plaintiffs husband, and soliciting a potential investment in a project whereby the defendant would develop certain waste processing equipment (“the Machine”) which would produce raw oil from waste; these phone calls were all received by Mr. Fritsch in his office, which is located in De Pere, Brown County, Wisconsin.


[NOTE: WDFI lists 1030 Orlando Dr., De Pere, WI, as the location of Michael Fritsch’s businesses, Hometown Insulation, Inc., and City Wide Masonry, Inc. WDFI also lists that same address as the ‘Principal office’ of Alliance Construction & Design, Inc., and Alliance GC, LLC.]

5. In addition to the phone contacts, representatives of the defendant also met with Mr. Fritsch in person several times in his office in De Pere, Wisconsin prior to March 2012.

6. On or about March 12, 2012, Mrs. Fritsch met with representatives of the defendant at her husband’s office in De Pere, Wisconsin and the parties executed a Royalty Agreement (“the Agreement”), whereby Mrs. Fritsch would provide the defendant with $250,000.00 to be used by the defendant to develop the Machine, in exchange for tle retum ofher principal and royalty payments of $250,000.00 per year (i.e. $1,500,000) for aperiod of six (6) years. A true and correct copy of the Agreement is attached hereto as Exhibit A and incorporated herein by reference.

[Note: the link is a duplicate copy of the exhibit document signed by David J. Wolf of JWR Inc. in his lawsuit against GCF/ACF.]

7. That among other things, the Agreement provides that the invested funds were to be used for the sole purpose of acquiring and placing the Machine and that the funds were to be subject to quarterly audits by the plaintiffs accounting firm … that it is to be governed by and construed in accordance with the laws of the State of Wisconsin … and that its terms and provisions shall be binding upon the defendant and its successors and permitted assigns….

8. That Mrs. Fritsch provided the principal of $250,000.00 to the defendant consistent with all of the requirements of the Agreement, and has otherwise performed all of her obligations under the Agreement so as to have earned the royalties due and owing from the defendant.

9. That the defendant has failed to make any of the scheduled payments representing the retrn of the plaintiffs principal investment, the first installment of which was due on or before September 15, 2012, and the last of which was due on or before December 15,2012, despite repeated demand for payment.

10.   That the defendant has failed, and continues to fail, to provide any information regarding the invested funds to the plaintiff’s accountant, as required under the Agreement.

11.   Upon information and belief, the invested funds were not used for the acquisition and placement of the Machine, as required under the Agreement, and the defendant has not used reasonable efforts to acquire and place the machine.

03/20/12 : CWAC, IFBC and many concerned residents rally at the Green Bay Common Council meeting to request that OSGC’s Conditional Use Permit [CUP] be rescinded or enforced as it had been represented to obtain the CUP

03/23/12 : March 23, 2012 Answer of Defendant Tissue Technology LLC, Brown Co. Case No. 12CV479,  Julie Gumban  v.  Ron Van Den Heuvel, Kelly Van Den Heuvel, KYHKJG LLC, Tissue Products Technology Corp. & Tissue Technology LLC

03/25/12 : March 25, 2012 Answer of Defendant Ron Van Den Heuvel, Brown Co. Case No. 12CV479, Julie Gumban v. Ron Van Den Heuvel, Kelly Van Den Heuvel, KYHKJG LLC, Tissue Products Technology Corp. & Tissue Technology LLC

3/27/12 : William C. Bain gave $1,000 contribution to Scott Walker; Employer VOS Electric

  • KYHKJG, LLC restored to Good Standing & changed Registered Agent w/ WDFI to Kelly Van Dn Heuvel, 2077-B Lawrence Dr., De Pere, WI on 03/27/12; Dissolved 12/27/16

 

I am writing in support of the over 1,100 people who have signed a petition to oppose the Oneida Seven Generations Corporation (OSGC) gasification incinerator. Most of these signers have indicated they will boycott Oneida Tribal businesses if this plant is built. Man of the signers live much closer than you to the proposed facility.

I am writing in support of the over 1100 people who have signed a petition to oppose the Oneida Seven Generations Corporation (OSGC) gasification incinerator. Most of these signers have indicated they will boycott Oneida Tribal businesses if this plant is built. Many of the signers live much closer than you to the proposed facility. They live in the Mather Heights district, which is considered to be part of the fallout zone for many of the pollutants that the plant will produce. They, along with many others, were shocked to learn that contrary to what OSGC told them, there will be smokestacks and there will be emissions. Even though they were told the facility would not burn tires, tires are included in the plan as a fuel source. The signers have expressed to us their anger about being given incomplete, inaccurate, and even false information, both in OSGC presentations and in media releases.

The basic facts are now known. There will be over 18 toxic air emissions from the facility, for some of which the hazards have not been fully researched. Young families have expressed their fears for raising their children in a neighborhood so close to a facility, which was falsely promoted. They worry that growing up in the Mather Heights neighborhood will give their children the cumulative effect from years of exposure to its emissions. They worry that this facility will further stress their children who suffer from asthma and will cause others to suffer from this illness. They worry that there are additional facts that OSGC has kept from them.

In the past, The Oneida Tribe and CWAC were partners in protecting the air, the water, and the land.

Together we fought for the clean-up of the Fox River. Together we urged the DNR to enforce regulations against polluters. CWAC has remained true to the cause of protecting Mother Earth. We fought against the Grantech sludge incinerator. We fought against the Crandon Mine. We sought enforcement of wastewater discharge regulations against Utica Energy after 2,290 violations in a six-month period. Most recently, we teamed up with the Bad River Band of the Lake Superior Tribe of Chippewa Indians to educate the public about the negative impacts the proposed mining bill could have on the Bad River watershed.

We wonder what path your tribe has chosen to travel. We wonder how promoting a project that is not only unproven, but which has proven not to work successfully elsewhere, can be good for this generation, or for the next seven. We wonder what has become of our partner.

Sometimes it is necessary to look a gift horse in the mouth. When one finds the beast is diseased, it is better to not accept the gift. What kind of gift has the incinerator industry brought to you? Are they offering a well-groomed beast full of hidden disease? Has the promise of government money blinded you from looking into the mouth of this gift horse and seeing its disease? Look carefully. See now, and see into the future.

What path will you choose for the Oneida Tribe?

Please look closely at the attached documents that were turned in to the City of Green Bay, which we feel document misrepresentations made by Oneida Seven Generations while promoting the gasification incinerator. We here at Clean Water Action Council were also fooled and lulled into a lack of action until we researched the claims being made.

Included in these documents is Exhibit A, a copy of petitions to oppose the facility and another to oppose the facility and boycott Oneida Tribal businesses. Many of the signatures represent people who were desperate to do something to protect the health of their families from the kind of project that has caused harm elsewhere. The American Lung Association has determined that waste-to energy facilities are a type of incinerator and that they can create more air pollution and greenhouse gases than coal burning plants. The petition signers want you to look more critically at the history of gasification incineration. They feel if you do so, you would have to reconsider your commitment to this project.

Sincerely,
Dean Hoegger
Clean Water Action Council President

 

04/2012 :According to the July 2, 2015 Brown County Sheriff’s Dept. Search Warrants for Ronald Van Den Heuvel / Green Box NA Green Bay, LLC:

27.  On June 24, 2015, your affiant conducted an internet of Tami Phillips…who provided information verbally, and in the form of a statement. In that statement Phillips indicated that she began working for [RVDH], at E.A.R.T.H. and Green Box, in December 2010. Phillips left for a time but returned in April 2012 and worked in the Green Box offices at 2077 Lawrence Drive, Suites A and B. While working as an accountant for Green Box, Phillips was instructed by [RVDH] to document financial entries on a balance sheet with numbers [RVDH] quoted to her. Phillips said she knew the numbers were not real because there was no actual business or product being produced by Green Box or E.A.R.T.H. at any time. …

04/09/12 : WDNR permits Alliance Construction & Design [Alliance GC / P2O Technologies, LLC] to operate a portable pyrolysis plant prototype at OSGC-owned 1201 O’Hare Blvd which was done despite local ordinances restricting ‘open flame’ activities:

This portable pilot plant will use pyrolysis to create a synthesis gas (syngas) from municipal solid waste which will be combusted by an engine generator.

04/10/12 : Partners Concepts Development, Inc. restored to good standing w/ WDFI

  • Green Bay Press-Gazette: CWAC, IFBC and many concerned residents met with the Green Bay Common Council, which then voted to further investigate the facts presented by OSGC during the run-up to permit approval last year of the facility, after residents complained that OSGC had lied and misrepresented facts with regards to emissions and “no smoke stacks”

04/11/12 : REGISTERED w/ Illinois – ARLAND CLEAN FUELS, LLC  [ ACF / later renamed GENERATION CLEAN FUELS, LLC / GCF ]

•  Manager: Louis Stern

•  Registered Agent: Eric R. Decator

04/12/12 : WTAQ reports Waste-to-energy facility’s DNR permit calls for 60 ft exhaust stacks, violating Green Bay city code

 

04/16/12: Tissue Depot, LLC restored to Good Standing w/ WDFI; Change of Registered Agent

 

04/24/12 : FILED – April 24, 2012 Complaint for Violations of the Federal Securities Law, Virginia Securities Law, and Virginia Common Law, Jury Trial Demanded; U.S. District Court for the Eastern District of Virginia, Alexandria Division, Case No. 1:12CV451, Frank C. Carlucci III  v.  Michael S. Han & Envion Inc., regarding a ‘Plastics-to-Oil’ fraud scheme eerily similar to the fraud schemes of Abdul Latif Mahjoob / American Combustion Technologies Inc. / ACTI; Ron Van Den Heuvel / Green Box NA / Reclamation Technology Systems LLC / E.A.R.T.H.; Alliance GC / Alliance Construction & Design / P2O Technologies; Arland Clean Fuels / ACF Leasing / ACF Services / Generation Clean Fuels / Louis Stern / Eric Decator, et al.; and Oneida Seven Generations Corp. / OSGC & subsidiaries Oneida Energy Inc. and Green Bay Renewable Energy LLC

NATURE OF THE ACTION

1 . By this action, Plaintiff [Frank] Carlucci seeks to recover a minimum of $32,393,000 he invested in Defendant Envion [Inc]. This substantial sum was invested by Mr. Carlucci through his purchase of a series of covertible notes that was induced by fraudulent and misleading statements by Mr. [Michael] Han, the founder, Chairman and Chief Executive Officer of Envion. Among other things, Mr. Han repeatedly misrepresented to Mr. Carlucci that Envion’s critical [plastics-to-oil] technology was subject to patent protection, that Envion had several lucrative deals in please for the sale of Envion’s Oil Generators, and that the amounts invested by Mr. Carlucci would be used to further Envion’s legitimate business interests. These representations were false. In reality, Envion has no patent over the [plastics-to-oil] technology upon which its success depends, Envion has no actual deals with any third-parties for the purchase of Envion’s product, and the money that Mr. Carlucci invested was actually diverted by Mr. Han for Mr. Han’s personal use. The conduct alleged in this Complaint constitutes serious violations of the federal and Virginia securities laws and common law.

04/25/12 : ProMaxx, Inc. registered w/ California; Registered Agent: Peter C. Lee; Anthony Li, President; ProMaxx brochures & websites claims successes that are the exact same locations & projects claimed by Abdul Latif Mahjoob‘s ACTI / ARTI / AREI / etc.

Different than / Partner entity with ProMaxx Advanced Fuels Asia

04/30/12 : FILED: Brown Co. Case No. 12CV944,  BLC Community Bank  v.  Ron & Bill Investments LLP, Ronald H Van Den Heuvel, William C Bain, Gerald M Wied, Christine M Wied, Wied Trust of 1996 UDO February 20 1996

05/03/12 : REGISTERED – The LOUIS and FRANZISKA STERN FAMILY LLC

•  Manager: Louis Stern

•  Registered Agent: Eric R. Decator

05/09/12 : Nature’s Way Tissue Corp. administratively Dissolved w/ WDFI; Registered Agent Artley Skenandore Jr.; Started on 12/26/03

 

05/15/12: DONATION #1 Carl Artman gave $200 contribution to Scott Walker; Employer:
Godfrey & Kahn

05/16/12 :  Generation Clean Fuels, LLC registered in Delaware

 

According to the May 22, 2014 Complaint w/ Exhibit ‘Master Lease Agreement’  filed in U.S. District Court, Middle District of Florida, Fort Meyers Division, Case No. 2:14-cv-283, Generation Clean Fuels  v.  Veterans Capital Corp. [Joseph E. Wold Jr., President]:

1.  Plaintiff [Generation Clean Fuels, LLC], formerly known as Arland Clean Fuels, LLC, is a limited liability company organized under the laws of the State of Delaware with its principal place of business located in Cook County, Illinois.

2.  The members of GCF include four individuals and a limited liability company.

3.  Two of the individual members are residents of Cook County, Illinois [Atty. Eric R. Decator and Louis Stern].

4.  Two of the individual members are residents of Door County, Wisconsin [Michael S. Flaherty and Gaylen LaCrosse].

5.  The limited liability company member is a limited liability company organized under the laws of the State of Illinois with its principal place of business located in Cook County, Illinois, all of whose members and managers are residents of Cook County, Ilinois. 

According to the April 30, 2011 Juneau County Star Times, ‘Sports complex sparks lawsuit‘

The developer of a $30-million sports complex in Juneau County has sued consultants and engineers hired for the project for breach of contract, misrepresentation and negligence[.]

The 31-page complaint filed in Juneau County Circuit Court by an attorney for the Woodside Sports Complex names Egg Harbor-based H&K Sports Fields, Waukesha-based Midwest Engineering Services [MES], and Environmental Systems Technology & Research [ESTR], based in Brussels, Wis. …

The complicated civil suit … stems from a series of alleged agreements in 2009 and 2010 with H&K for planning, financing and marketing of the 200-acre sports complex in the town of Lemonweir a few miles east of Mauston.

Woodside Ranch is owned by Damon Zumwalt, CEO and founder of Contemporary Services Corp., which provides security and crowd control for major events from its California headquarters and more than 40 branch locations nationwide.

Two partners, including a former Major League Baseball star, withdrew from the project last year, apparently leaving Zumwalt as the sole principal.

The complaint also alleges that Woodside followed H&K’s recommendation to hire Engineering Services and Environmental Systems Technology & Research (ESTR) to design and install a wastewater treatment system to meet state Department of Natural Resources’ permit requirements.

The suit claims that neither company disclosed that ESTR planned to use a proprietary wastewater system, invented and patented by an ESTR principal, Gaylen LaCrosse, that later failed to meet DNR requirements.

The proprietary system had no track record of approval by state regulators for the planned application and was more expensive than other systems already backed and recommended by the DNR, the complaint alleges.

In addition, the complaint alleges that the companies attempted to hide that the proposed wastewater system had run afoul of DNR regulators and that H&K later incorrectly claimed that the agency had issued the needed permit and that the company had also obtained related loans and grants.

ESTR later allegedly hired Midwest Engineering Services (MES) to assist with obtaining the DNR permit without notifying Woodside, according to the complaint.

The employee MES assigned to the project, Jeffrey Fischer, had previously surrendered his state license to work as a professional geologist after felony fraud convictions related to the state’s Petroleum Environmental Cleanup-up Fund and had no expertise in wastewater systems, the suit claims.

The suit also claims that H&K was negligent in not disclosing that a company executive, Terry Gaouette, had pleaded guilty to falsifying financial records of the Milwaukee Public Museum when he served as a top museum executive. 

05/24/12 :  Oneida Small Business, Inc. changed Registered Agent w/ WDFI to Dan Hawk, and again on 03/12/15 to Daniel Hawk (same person); Principal Office: 3812 N County Line Road (County Road U), Oneida, WI, 54155

•  Married to Fmr. OBC Treasurer Judy Cornelius

05/25/12 : Tina Fritsch gave $500 contribution to Scott Walker; No Employer Identified

• Tina Fritsch owns the Do or Dye Salon in De Pere, WI

05/28/12 : Trout Creek Investors, LLC restored to Good Standing w/ WDFI; Registered Agent Artley Skenandore Jr.

[Different entity than John D. Schweiner’s Trout Creek, LLC registered w/ WDFI on 01/21/94; Change of Registered Agent on 03/05/99 to John D. Schweiner; Articles of Dissolution filed on 05/09/05]

Mark H. Verhaagh

06/04/12 Arland Wind Power, LLC registered in Delaware

06/12/12 : Experimental ‘plastics-to-oil’ company P2O Technologies, LLC registered w/ WDFI; Registered Agent Mark Verhaagh; Todd Parczick, Principal [Alliance Const. & Design / Alliance GC]; Dissolved on 06/09/15

 

[Different entity than Recovering Aqua Resources Technologies, Inc. [RARTI] registered w/ WDFI 02/07/01; Registered Agent Steven C. Peters, 2079-A Lawrence Dr., De Pere, WI; Administratively Dissolved on 08/11/10]

06/20/12 : ACF Services, LLC registered in Delaware

 

 

06/28/12 : Zafari’s, LLC registered w/ WDFI; Registered Agent Hafeza Zafari, Madison, WI; Administratively Dissolved on 06/09/15

  • Green Box NA II, LLC registered w/ WDFI; Changed Registered Agent on 07/25/14, and 09/30/15 to Ron Van Den Heuvel

06/30/12 : According to the OSGC Narrative Report as of June 30, 2012 from the 09/12/12 OBC Regular Meeting Packet:

The Green Bay Planning Commission will hold a public hearing on October 3rd to review the Conditional Use Permit (CUP) given to Oneida Energy, Inc. for the renewable energy plant. We would like the support of the Business Committee at the meeting and to allow us to work with the communications department. Since the project was overwhelming approved by the GTC [WAIT … WUT? … WHEN?!?!] we are asking for the Tribe to show its support at the public hearing. OSGC’s renewable energy facility continues to move forward. Our primary goal is to establish a state‐of‐the‐art energy recovery facility that demonstrates the benefits of using waste as a fuel in an environmentally friendly manner. The energy recovery facility will generate electricity from municipal solid waste (household garbage). Energy recovery projects produce renewable electricity that displaces electricity that would otherwise be produced in a power plant that burns fossil fuel. The compounding benefits of using waste as a fuel for energy conversion, rather than using landfills provides additional future benefits through carbon reduction. The amount of energy produced by the facility will generate 5 Mega Watts / hour. We have received a Final Environmental Assessment from the Department of Environment; which included the Finding of No Significant Impact (FONSI), a conditional use permit from the City of Green Bay, and air and waste permits from the Wisconsin Department of Natural Resources.

Energy Project: At this time, OSGC is not aware of any similar projects being implemented by other tribes. Since the project has the potential to provide a new source of revenue in a climate of declining gaming revenues to support tribal operations, the potential exists for other tribes to replicate the project. The Oneida Energy project will provide a working model and will serve as an educational opportunity for evaluation and replication. The OE project has the added benefit of expansion at a later date that will make the business more profitable and address other problematic environmental concerns. Future options include evaluating the technology and process for disposal of tires, dairy waste, auto shredder residue (also referred to as auto fluff), human sludge and other wastes to be used as fuel for generating electricity for sale to the energy marketplace.

Oneida‐Kodiak Construction (O/K), a subsidiary of OSGC, received a subcontract for work on the Oneida Resident Centered Care Community (ORCCC). The number of Tribal members currently working for O/K is 15. O/K is also working on the Airport Child Care Center for the re‐roofing; we also have work through Land Management for window replacements and concrete & masonry work. …

Our next primary goal is to break ground on our new site for the renewable energy plant. To accomplish this goal we have applied for and received our permits required by the Department of Energy and the Wisconsin Department of Natural Resources. We are currently in the process of finalizing the financing for the project. …

Our medium to long range goals includes the following: Complete and successfully operate the Oneida Energy plant. Contracts for waste, energy, management and recycling are already in place. After construction is complete it is anticipated that the plant will be opened in summer of 2013. Develop, sell, and manage similar plants to communities and businesses that need to either resolve waste disposal issues or develop renewable energy. Develop at least two additional real estate developments over the next five years while maintaining a high occupancy rate with the real estate developments under management. Our last long range goal is to work with the Land Commission and Land Office to identify additional commercial properties that we can either develop or manage on behalf of the Tribe. …

Summary of the assets of the Corporation, including but not limited to its financial, physical, employee, customer, brand or intellectual property, and supply assets:

Financial / Physical: Checking accounts; Buildings; Other Business Ventures

Employees: OSGC has four employees; three full‐time and one part‐time. …

OSGC has reached an agreement with a former tenant to collect back rent.

 

07/05/12 : Leah Sue Dodge Letter to the Kalihwisaks Editor re: “Green Bay Renewable Energy” trash incination project

07/11/12 : July 11, 2012 Wisconsin Supreme Court Opinion re: Case No.2010AP2533, [Non-tribe member Fmr. OSGG CEO] John Kroner  v.  Oneida Seven Generations Corp.

07/19/12 : NewWay Global Energy, Inc. restored to Good Standing w/ WDFI; Change of Registered Agent to David J. Wolf

07/23/12 : P2O Technologies Test Facility Air Pollution Control Registration Permit application received at WDNR for 1201 O’Hare Boulevard, Hobart, WI building owned by OSGC.

07/31/12 : According to AreaDevelopment.com, ‘Tak Investments Invests $60 Million To Establish Recycled Tissue Operation in Franklin, Virginia’

Tak Investments, Inc., through subsidiary ST Tissue, will invest $60 million to establish a recycled tissue plant at International Paper‘s mill in Franklin, Virginia, with plans to create 85 jobs in Isle of Wight County.

Governor Bob McDonnell said, “Not only will Tak Investments bring significant investment and 85 new jobs to the region, the company will repurpose and put into use a vacant portion of the International Paper mill. It is a perfect fit, as ST Tissue has the opportunity to modify certain paper-making machinery already in the plant to produce its tissue products. …”

“The new ST Tissue operation in Isle of Wight County will allow the company to access an expansive supply chain and take advantage of Virginia’s transportation infrastructure and strategic Mid-Atlantic location,” said Jim Cheng, Virginia Secretary of Commerce and Trade. “This project is a win-win for all involved, as ST Tissue will benefit from the mill’s current assets as well as the region’s available workforce.

“We enjoy the challenge of helping rebuild communities that we do business in,” said Sharad Tak, President and CEO of Tak Investments, Inc. “A few years ago we acquired a struggling tissue mill in Oconto Falls, Wisconsin, and, with help from the workforce and the surrounding community, we were able to transform the facility into a successful business. We envision the same sort of success here in Franklin, Virginia, because the community has been incredibly supportive of our project and the talent base here is also exceptional.”

The Virginia Economic Development Partnership worked with Isle of Wight County to secure the project for Virginia. Governor McDonnell approved a $200,000 grant from the Governor’s Opportunity Fund to assist Isle of Wight County with the project. In addition, the company is eligible to receive state benefits from the Virginia Enterprise Zone Program. Through its Virginia Jobs Investment Program, the Virginia Department of Business Assistance will provide funding and services to support the company’s recruitment, training and retraining activities.

08/07/12 : According to the April 6, 2015 Plaintiffs-Appellants’ Brief, Cook Co., IL, Case  No. 14-L-2768, Generation Clean Fuels, ACF Leasing & ACF Services  v.  Oneida Tribe of Indians of Wisconsin [Oneida Nation of Wisconsin], Oneida Seven Generations Corp., et al.

The relationship between ACF and the Tribe/OSGC began in August of 2012. …

On or about August 7, 2012, Kevin Cornelius (OSGC CEO, GBRE President and Tribe member) and Bruce King (CFO of OSGC, GBRE Treasurer and Tribe member) gave a presentation regarding energy projects related to the Tribe at a U.S. Department of Energy conference in Wisconsin. …

After the conference, Michael Galich (ACF operations executive) met with William Cornelius (OSGC Board President), Kevin Cornelius (OSGC CEO) and Bruce King (OSGC CFO), who held themselves out as representatives of the Tribe, to discuss energy projects for the Tribe. …

Shortly thereafter, Michael Galich met with Kevin Cornelius and Bruce King in Illinois to discuss pursuing a specific plastics-to-energy project (the “Project”) with the Tribe. …

After this first meeting in Illinois, Eric Decator (ACF counsel) drafted a joint venture agreement between OSGC and an ACF entity for the development and operation of the Project with the Tribe.

08/16/12 :  VHC, Inc. changed Registered Agent w/ WDFI to David Van Den Heuvel, brother of Ron Van Den Heuvel

 

29. Your affiant learned, from promotional documents supplied by Marco Araujo, that Ron Van Den Heuvel made claims that the holds seven (7) patents involved in the process of waste reclamation when, in fact, he hold none.

The patent application for the reclamation technology and process relative to the Green Box operations, which was made August 16, 2012, is now labeled as abandoned. Ron Van Den Heuvel still makes reference to the patents held by Green Box in his promotional documents distributed to potential investors, both domestic and foreign, but a search conducted by your affiant on the U.S. Patent and Trade Office reveals no patents held by Ron Van Den Heuvel or Green Box for the type of activities allegedly conducted by Green Box companies.

08/21/12 : August 21, 2012 Plaintiff’s Scheduling Conference Statement, Brown Co. Case No. 12CV479, Julie Gumban v. Ron Van Den Heuvel, Kelly Van Den Heuvel, KYHKJG LLC, Tissue Products Technology Corp. & Tissue Technology LLC

 

Plaintiff, GENERATION CLEAN FUELS, LLC [GCF] by and through its undersigned attorneys, sues Defendant VETERANS CAPITAL CORP. [Veterans] and alleges as follows:

PARTIES

1.  Plaintiff GCF, formerly known as Arland Clean Fuels, LLC, is a limited liability company organized under the laws of the State of Delaware with its principal place of business located in Cook County, Illinois.

2.  The members of GCF include four individuals and a limited liability company.

3.  Two of the individual members are residents of Cook County, Illinois. [ERIC DECATOR & LOUIS STERN]

4.  Two of the individual members are residents of Door County, Wisconsin. [GAYLEN LACROSSE & MICHAEL FLAHERTY]

5.  The limited liability company member is a limited liability company organized under the laws of the State of Illinois with its principal place of business located in Cook County, Illinois, all of whose members and managers are residents of Cook County, Ilinois.

6.  Defendant Veterans Capital Corp. is a corporation organized under the laws of the State of Florida with, on information and belief, its principal place of business located at 1385 Areca Cove, Naples, Florida. …

FACTS

9. GCF and Veterans entered into a written agreement, dated August 31, 2012 (the “Master Lease”), pursuant to which Veterans agreed to lease to GCF a poly conversion liquefaction Machine (“Machine”) to be manufacted by Spartan, Inc., a California coporation (“Spartan”). A true and complete copy of the Master Lease is attached hereto as Exhibit A. …

_____________________

Spartan, Inc. was incorporated in California in 2002, and is affiliated with Spartan Technical Services, Inc.; Principial Office Bakersfield, CA

Key People:

•  Louis Stern, Fmr. President
•  John Haskell Wood, President
•  Teresa Wood
•  Charles Hinson
•  Greg Fry
•  Archie Allison DOCUMENTATION: Mr. Allison has over 44 years of experience in various aspects of the petroleum industry in Western & Southern US, Arctic Alaska, Colombia, Ecuador, Venezuela, Qatar, UAE, Indonesia, Syria, Oman, and Western Siberia.

_____________________

13.  No Machine was ever purchased by Veterans and leased to GCF as required by the Master Lease.

14.  Pursuant to an Equipment Manufacture and Purchase Agreement, dated August 15, 2012 (the “Purchase Agreement”), between GCF and Spartan, Spartan agreed to manufacture the Machine, which was to be located in Cheboygan, Michigan. A true and complete copy of the Purchase Agreement is attched hereto as Exhibit B.

15.  Pursuant to the Purchase Agreement, the cost of the Machine was $2,100,00.00.

16.  Pursuant to a Performance Guaranty Agreement, dated August 20, 2012 (the “Guaranty Agreement”), between Veterans and GCF, Veterans agreed to fund $900,000 to Spartan for the manufacture of the Machine. A true and complete copy of the Guaranty Agreement is attached hereto as Exhibit C.

17.  Pusuant to the Guarantee Agreement, GCF was required to obtain an Ireevocable Letter of Credit in the stated amount of $500,000.00 with Veterans as the beneficiary.

18.  On September 13, 2012, GCF caused Morgan Stanley Bank, N.A. (“Morgan Stanley”) to issue Veterans an Irrevocable Letter of Credit in the stated amount of $500,000.00, with Veterans as the beneficiary. A true and compltete copy of the Irrevocable Letter of Credit as amended through the date hereof (as so ameded, the “Letter of Credit”), is attached hereto as Exhibit D.

19.  Veterans has never made any payments to Spartan as contemplated by the Guaranty Agreement.

20.  On or about September 13. 2012, Veterans made an advance to GCF of $450,000.

21.  Since the term of the Master Lease has not yet commenced, the advance was not made pursuant to the Master Lease and can only be accurately be characterized as a loan.

22.  In a letter, dated May 2, 2014, from Veterans to GCF, Veterans characterized the $450,000 as “the amount we advanced.”

08/24/12 : Nature’s Way Estates, LLC Articles of Dissolution w/ WDFI; Registered Agent Patrick Murphy, Ron Van Den Heuvel’s brother-in-law via Ron’s sister Ann Murphy; Started on 09/22/11

 

08/30/12 : REGISTERED w/ IL – EQUITY ASSET FINANCE, LLC

[Different entity than Equity Asset Leasing Fund, LLC reg’d w/ IL on 07/27/01; and EALF, LLC reg’d w/ IL on 04/18/06; and Equity Asset Capital, LLC reg’d w/ IL on 10/03/07; and Equity Asset Finance, LLC reg’d w/ IL on 08/30/12]

•  Manager: Louis Stern

•  Registered Agent: Eric R. Decator

09/2012 to 05/2013 : According to the May 23, 2017 Federal Indictment, U.S. District Court for the Eastern District of Wisconsin, Case No. 17CR92,  United States of American  v.  Jay L. Fuss  [Fmr. Oneida Housing Authority Construction Supervisor]

THE GRAND JURY CHARGES:

1 .  Beginning in approximately Septemer 2012, and continuing thereafter until at least May 2013, in the State and Eastern Districe of Wisconsin,

JAY L. FUSS

as an agent of an Indian tribal governement that received benefits in excess of $10,000 in a one-year period from a federal grant program, did knowingly obtain by fraud, and convert without authority to his own use, and intentionally misapply, property valued at $5,000 or more that was under the care, custody, and control of the Indian tribal government and its agency.

See also: Whistleblower Report to FBI about alleged HUD Funding & Materials Theft from Oneida Housing Authority, as well as claims of retaliatory physical violence:

•  February 21, 2016 Dawn M. Delebreau Privacy Act Release Form & Report to U.S. Sen. Tammy Baldwin regarding FBI investigation of Case No. 194B-MW477598

•  Sauk Co. Case No. 2013CF208, State of Wisconsin vs. Spencer A. Cornelius; Substantial Battery / Intend Bodily Harm (Felony; Repeater), regarding Spencer Cornelius’ brutal assault on fellow OHA employee Jonathan Delabreau during an OHA training trip to the Wisconsin Dells when harassment & intimidation of Jonathan just wasn’t enough to satisfy Spencer’s bloodlust, and was allegedly done in order to please Spencer’s and Jonathan’s boss, former OHA Construction Superintendent Jay Fuss. That assault was not the first time Spencer Cornelius has violently attacked people as seen by Brown Co. Case No. 2009CF630

Related:

•  Vince Biskupic’s Shady ‘Justice For Sale’ Deals & The Oneida Business Committe’s Employment of Biskupic Legal Group As Counsel for Oneida Housing Authority Audit Matters [UPDATE 2]

•  Judge Vince Biskupic’s Conflict Of Interest In Outagamie Co. Case #2014-CF-1027, State of Wisconsin v. Jay Fuss; Plus: Oneida Housing Authority Problems Linger [UPDATE: Biskupic Recused Himself]

09/15/12 : According to the March 5, 2014 Plaintiff’s Brief in Support of Motion for Summary Judgement, Brown Co. Case No. 13CV1065, Tina Fritsch  v.  Generation Clean Fuels LLC f/k/a/ Arland Clean Fuels LLC:

As Mrs. [Tina] Fritsch has established a prima facia case for summary judgment, the burdan shifted to the defendant, Generation Clean Fuels, LLC, to set forth facts sufficient, in the form of affidavits, to establish a genuine issue of material fact for trial. … The only Affidavit submitted by the defendant is that of Eric R. Decator. Unfortunately for the defendant, this Affidavit sets forth a series of facts which are immaterial to this present action.

The Agreement exectued by the parties is straightforward, and in clear and unambiguous terms, required the defendant to repay Mr. Fritsch $250,000.00 in four equal installments, commencing September 15, 2012, with the last installment due December 15, 2012. As Mrs. Fritsch did not receive any of these installment payments from the defendant, she is entitled to judgment for the unpaid balance. The only payment Mrs. Fritsch has received to date is a minimal payment of $5,000.00, wired to her counsel’s trust account well after the final installment payment was due from the defendant, whereby the defndant itself reaffirmed its obligation to pay Mrs. Fritsch. In short, there was a contractual relationship between the parties, which required the defendant to repay the funds advanced by Mrs. Fritsch.

Apparently abandoning nearly all of the affirmative defenses actually raised in its Answer to the Complaint, the defendant now argues that it should be excused from repaying Mrs. Fritsch because she has some sort of “equity interest” in Generation Clean Fuels. However, the defendant failed to raise this affirmative defense in its Answer, and the defense has therefore been waived. …

…In fact, the Agreement makes no reference whatsoever to any “equity or “equity interest,” let alone one granted to Mrs. Fritsch in exchange for her funds, or that she is a member of the defendant LLC or any other entity. In addtion, the defendant’s position begs the question as to why it previosly repaid $5,000.00 to Mrs. Fritsch if she was not entitled to be repaid in the first place.

The defendant proceeds to argue that it is prohibited from making any payment to Mrs. Fritsch because its liabilities exceed the fair market value of its assets. …[T]he defendant fails to establish how they would preclude the Court from granting judgment in favor of Mrs. Fritsch, a creditor of the defendant, just as the Court could grant judgment to any other creditor, regardless of the the alleged inability of the defendant to satisfy the judgment.

In any event, as Mrs. [Tina] Fritsch is not a member of Generation Clean Fuels, these statutes are clearly irrelevant. The defendant has presented no facts to support the conclusion that Mrs. Fritsch is a member of Generation Clean Fuels, under the law of Colorado, Delaware, or Wisconsin for that matter, such as copies of Schedule K-1’s provided to her for purposes of preparing her taxes for 2012 and 2013, a copy of the company record book memorializing her membership in the company…, or her voting record on such matters as the June 4, 2012 merger referenced in Mr. DeCator’s Affidavit. …

The defendant has failed to set forth any evidence that would create a genuine issue of fact requiring a trial on the issue of unjust enrichment. … Furthermore, the defendant argues in its Brief that no royalty payments are due to Mrs. Fritsch because the machine was never built, and provides no hint or evidence that it will ever be built. Unfortunately for the defendant, it cannot have its cake and eat it too. The defendant cannot aruge on one have that Mrs. Fritsch has no right to received royalty payments, and on the other hand, assert that she has received a benefit in the form of royalty payments.

In addition, the defendant has failed to even specify exactly what Mrs. Fritsch’s “equity interest” may be, let alone that it is adequate compensation for her “investment” in Generation Clean Fuels. At one point in its Brief, the defendant asserts she is a member of Generation Clean Fuels (at least based on the statutes cited by the defendant) and at other points, argues that she merely has some undefined “equitale interest” in Generation Clean Fuels or its profits. Aside from the right to “royalty payments” which will likely never be paid voluntarily by the defendant, Mrs. Fritsch’s “equity interest” remains conveniently undefined. For example, exactly what benefit has she received from this “equity interest,” and how does her interest compare, in terms of her “investment,” with the interest held by the members of Generation Clean Fuels in relation to their own contributions to the company? What voting rights, if any, does she enjoy, and is she entitled, by virture of her “membership” or “equity interest,” to a share of the profits and losses of the company, or simply the royalty payment? The fact that these questions remain unanswered by the defendant should not be surprising, as Mrs. Fritch is not, nor has she ever been, a member of Generation Clean Fuels. Instead, she is a creditor of the defendant who is entitled to judgment based on the defendant’s breach of contract, or in the alternative, on her cause of action for unjust enrichment.

The defendant has retained almost $250,000.00 of Mrs. Fritsch’s money for close to two years, without any compensation or benefit to her. Clearly, [GENERATION CLEAN FUELS] has been unjustly enriched in this case, and at a minimum, should be required to repay Mrs. Fritsch. …

The Agreement also calls for the defendant to make royalty payments to Mrs. Fritsch in the amount of $250,000 per year. Under Section 4.02(5) of the Agreement, she has the right to declare immediately due and payable all sums payable under the Agreement, including royalties, in the event of a break by the defendant. …

Mrs. Fritsch has previously addressed the defendant’s argument that she is not entitled to payment under the Agreement because she has an “equity interest” in, or is a “member” of, Generation Clean Fuels.  With respect to that portion of the Agreement addressing the royalty payments, there is again no reference to any “equity” or “membership” interest in the defendant entity. … [The] “Royalty Agreement” provided that Mrs. Fritsch would be compensated for the defendant’s use of her money in the form of royalty payments, rather than membership or an equity interest in [Generation Clean Fuels,] LLC. In fact, the Agreement specfically states that Mrs. Fritsch “may choose to invest any or all of [her] royalty payments with the Company under term to be mutually agreed by the Parties.” … If Mrs. Fritsch had already “invested” in the company, such language would have been unnecessary and superfluous.

In an attempt to create a genuine issue of material fact where none exists, the defendant asserts that no royalty payments are owed to Mrs. Fritsch because the [plastics-to-]oil producing machine was never built. The defendant claims that under the Agreement, the payment of royalties is conditioned upon that machine being built. However, as [Generation Clean Fuels] concedes, the “P2O Agreement” was not specifically incorporated into the Royalty Agreement.

In any event, by its own terms, the Agreement provides under Section 4.02(b) that upon default, all sums payable under the Agreement are payable in full, without reference to any “machine” whatsoever. Even assuming that the defendant could find a way around this provision of the Agreement, Mrs. Fritsch would be entitled to a declaratory judgment ordering that she be paid royalties pursuant to the Agreement if the [plastics-to-]oil producing equipment is built by the defendant.

NOTE:

AllianceBuilds.com and WDFI.org lists Alliance Construction & Design, LLC‘s principal office as 1030 Orlando Dr., De Pere, WI.

WDFI.org lists Michael Fritsch’s businesses, Hometown Insulation, Inc., and the dissolved City Wide Masonry, Inc., as having their principal offices at 1030 Orlando Dr., De Pere, WI.

That address is also listed on the websites for Mr. Fritsch’s businesses, HometownInsulation.com/About and
HometownInsulation.com/CWM/Commercial.html.

On pages 21 & 23 of an Alliance Company Profile document, Mike Fritsch is listed as Owner of City Wide Masonry and as a ‘Business Owner Reference,’ and David J. Wolf is listed as Owner of JWR, Inc. and as a ‘Subcontractor Reference.’

A company listed as a ‘Partnership’ in the Alliance Company Profile, NewWay Global Energy, Inc., states on its website that it was “Founded as a sister company of JWR, Inc.” NewWay’s website has a blog and it seems the last post was made on November 13, 2012, the day before Oneida Seven Generations Corp. & subsidiary Green Bay Renewable Energy filed a Summons and Complaint against the City of Green Bay in Brown Co. Case No. 12CV2263. WDFI.org shows that David J. Wolf is the Registered Agent of NewWay Global Energy.

So when Mr. Mike Fritsch was receiving phone calls and visits from representatives of Arland/Generation Clean Fuels to invest in ACF/GCF, and when Mrs. Tina Fritsch later met with Arland/Generation Clean Fuels representatives before taking $250,000 out of a retirement fund (at a $25,000 loss), the Fritsch’s seem to have been meeting in the same facility housing Alliance Construction & Design, home of P20 Technologies, which was supposed to build Generation Clean Fuels’ “Machine” out of David J. Wolf’s JWR, Inc.’s parts and was a partner of David J. Wolf’s NewWay Global Energy – oh, and David J. Wolf sued Arland/Generation Clean Fuels/ACF/GCF, too.

09/26/12 : Order for Judgment: Brown Co. Case No. 12CV944, BLC Community Bank v. Ron & Bill Investments LLP, Ronald H Van Den Heuvel, William C Bain, Gerald M Wied, Christine M Wied, Wied Trust of 1996 UDO February 20 1996

•  DEBTOR NAME: Ron & Bill Investments LLP; JUDGMENT AMOUNT: $1,119,211.20

Fall 2012 : U.S. DOE Office of Indian Energy ‘Indian Energy Beat’ magazine with article featuring OSGC President & Chair William T. Cornelius, Esq.

•  ‘Winning the Future: Oneida Seven Generations WTE Project’

10/03/12 : Green Bay Press-Gazette: City of Green Bay Plan Commission held a hearing and voted to recommend that the CUP approved for OSGC’s waste incinerator project not be rescinded; IFBC Co-Chair John Filcher and CWAC President Dean Hoegger presented information in opposition to OSGC’s project

 

10/12/12 : Arland Municipal Solid Waste, LLC registered in Delaware

 

10/13/12 : Green Box NA Georgia, LLC Certificate of Organization w/ State of Georgia Sec. of State

10/15/12 : Green Box NA, LLC restored to Good Standing w/ WDFI; change of Registered Agent

10/16/12 : Green Bay Press Gazette – City of Green Bay Common Council votes to RESCIND Conditional Use Permit for OSGC’s waste incinerator project.

  • JWR, Inc. restored to good standing w/ WDFI; Change of Registered Agent to David J. Wolf

  

10/22/12 : According to the April 6, 2015 Plaintiffs-Appellants’ Brief, Cook Co., IL, Case  No. 14-L-2768, Generation Clean Fuels, ACF Leasing & ACF Services v. Oneida Tribe of Indians of Wisconsin [Oneida Nation of Wisconsin], Oneida Seven Generations Corp., et al.

In or about October 2012, Eric Decator (ACF) and Michael Galich (ACF) participated in numerous weekly telephone calls in Illinois utilizing ACF’s conference call number with Kevin Cornelius (OSGC CEO) and Bruce King (OSGC CFO) to discuss the Project. …

On or about October 22, 2012, Kevin Cornelius and Bruce King, who again introduced themselves as representatives of the Tribe/OSGC, met again in Illinois with ACF members regarding the Projects. …

At this second meeting in Illinois, Kevin Cornelius and Bruce King advised ACF that the Tribe needed to revise the structure of the initial agreement for political reasons and would utilize an entity known as GBRE to lease the equipment for the Project. …

Prior to this meeting, ACF believed the agreement would be with OSGC as GBRE was never mentioned. …

ACF agreed to contract with GBRE for the Project given that Kevin Cornelius and Bruce King led ACF to believe that the Tribe/OSGC was utilizing GBRE solely for tax purposes.

10/26/12 : According to the April 6, 2015 Plaintiffs-Appellants’ Brief, Cook Co., IL, Case  No. 14-L-2768, GCF/ACF v. OTIW/ONW, OSGC , et al.

On or about October 26, 2012,  Equity Asset Finance, LLC (“EAF”) and GBRE entered into a Commitment Letter for EAF to provide financing for the Project.

10/30/12 : Kevin Cornelius gave $132.00 contribution to Tom Tiffany; Employer: OSGC


11/01/12 : November 1, 2012 Letter from City of Green Bay’s Attorney Anthony S. Wachewicz III to OSGC CEO Kevin Cornelius re: Green Bay Common Council’s Rescission of CUP

Re: Green Bay Common Council Action on CUP 1230 Hurlbut St.

Dear Mr. [Kevin] Cornelius:

On Tuesday, October 16, 2012, the City of Green Bay Common Council voted to void the Conditional Use Permit issued to Oneida Seven Generations Corp. (hereinafter OSGC) for 1230 Hurlbut St. The bases for this decision are set forth below:

As a result of foregoing information, the Council’s action to void the CUP was based upon the following conclusions, as stated at the [Green Bay Common] Council meeting on October 16, 2012:

1. Kevin Cornelius, CEO of OSGC, made untruthful statements before City governmental bodies while seeking the CUP. These false statements were made in response to questions or concerns related to the public safety and health aspect of the Project and the Project’s impact upon the City’s environment.

2. Mr. Cornelius’ statements were plain spoken, contained no equivocation, left no impression of doubt or uncertainty, and his words were intended to influence the actions of the governmental bodies he was addressing.

3. Mr. Cornelius knew his statements were false. Mr. Cornelius was not a new or uninformed member of OSGC; he was the CEO and had been involved throughout the Project’s development; therefore, he was knowledgeable about the pilot work, the process and the equipment, the materials that would be used, the nature of the by-products and chemical releases. Mr. Cornelius understood his rold he accepted as spokesperson for OSGC for the Project and had every opportunity to say “I don’t know” or “I can’t answer that” when questions were put to him.

4. The subject matter of the questions put to Mr. Cornelius was of very high importance. More specifically, on the subject of emissions, the documents submitted by OSGC in applying for the CUP referenced other plants using a variety of technologies, equipment and feedstock. Commissioners were rightfully interested in the Project and not what happened at other Projects. When Mr. Cornelius was asked about emissions, chemicals, and hazardous materials for this Project, Mr. Cornelius provided false information.

Accordingly, the Conditional Use Permit issued to OSGC for 1230 Hurlbut has hereby been declared void by action of the Council due to false statements and misrepresentations. Any land use pertaining to a solid waste facility at this location zoned General Industrial is no longer permitted; it is prohibited under GBMC Sections 13-901, 13-902, and Table 9-1.

Consequently, any further action at 1230 Hurlbut St. to construct the solid waste facility will be prohibited by legal action, if necessary, to obtain compliance with the above legislative directive.

Sincerely,
Anthony S. Wachewicz III
City Attorney

 

According to the May 22, 2014 Complaint w/ Exhibit ‘Master Lease Agreement’  filed in U.S. District Court, Middle District of Florida, Fort Meyers Division, Case No. 2:14-cv-283, Generation Clean Fuels   v.  Veterans Capital Corp.:

23.  Commencing on November 1, 2012, and on the first day of each calendar month thereafter through April 1, 2014, Veterans has withdrawn from GCF’s bank account, or required GCF to transmit to it, a payment on the advance made to GCF by Veterans.

24.  As the Date of the filing of this complaint, GCF has paid to Veterans the sum of $321,001.05 as payments related to the $450,000 advance made to it by Veterans.

25.  Joseph E. Wold, Jr., the President of Veterans [Capital Corp.], has informed GCF that none of the payments which GCF has made to Veterans have reduced the principal balance of the advance. In other words, Veterans, has appled all of the payments made by GCF as interest on the $450,000 advance.

26.  If all of the payments made to Veterans by GCF are classified as interest, they represent an interest rate in excess of 44% per annum.

 

November 1, 2012 Amended Memorandum Opinion, U.S. District Court in the Eastern District of Virginia, Alexandria Division, Case No. 1:12CV451, Frank C. Carlucci III  v.  Michael Han & Envion Inc. regarding a ‘PLASTICS-TO-OIL’ FRAUD SCHEME that bilked the Fmr. Dept. Director of the CIA out of $36 Million – eerily similar to the fraud schemes of Abdul Latif Mahjoob / American Combustion Technologies Inc. / ACTI; Ron Van Den Heuvel / Green Box NA / Reclamation Technology Systems LLC / E.A.R.T.H.; Alliance GC / Alliance Construction & Design / P2O Technologies; Arland Clean Fuels / ACF Leasing / ACF Services / Generation Clean Fuels / Louis Stern / Eric Decator, et al.; and Oneida Seven Generations Corp. / OSGC & subsidiaries Oneida Energy Inc. and Green Bay Renewable Energy LLC

I. Background

This case arises out of allegations that Defendants engaged in securities fraud, in violation of federal and state law, as well as actual and constructive fraud. …

Defendant Envion, Inc. is a privately-held company. According to Plaintiff’s Amended Complaint, Envion represents itself to the public as a technology company that holds the patent rights to a proprietary system utilizing a purportedly efficient, cost effective, and environmentally sensitive technology capable of recapturing energy by converting plastic waste into usable oil.

[Footnote: Regarding Envion’s business, Plaintiff’s Amended Complaint alleges that Envion publicly represents on its website that the “centerpiece of its technology, and the foundation for the entire company, is a ‘proprietary system, the Envion Oil GeneratorTM, which transforms plastic waste back to its original form – crude oil.’” … The Envion website allegedly expounds upon this description of Envion Oil Generator in calling it “a proprietary breakthrough technology developed and perfected over the past 15 years” and the “first plastic waste to oil conversion platform of its kind.” … Plaintiff alleges that Envion “has had no more than a handful of employees at any one time.”

Defendant Michael S. Han is the founder, Chairman, and Chief Executive Officer (“CEO”) of Envion. Mr. Han allegedly “controls all aspects of Envion’s business endeavors, including but not limited to, all dealings with potential investors and potential business partners, financial records, and matters relating to the intellectual property…” … Plaintiff Frank Carlucci III … is an investor in Envion.

A. Factual Background

In approximately 2003, Plaintiff Frank Carlucci III met Defendant Michael Han at the Regency Sport and Health Club, where they both regularly played tennis. … Thereafter, in early 2004, Mr. Han solicited an investment from Carlucci in his company, Envion, Inc. … Mr. Han described Envion as a “technology company” that would “bring technology [he] owned to the United States that his uncle had developed in Korea.” … Mr. Han described that technology as “a patented process involving the conversion of plastic waste into oil.”…

IV. Conclusion

For the foregoing reasons, the Court rules as follows:

(1) Defendants’ Motion to Strike is granted as to the following representations:

(a) that Mr. Han had communicated with numerous investors who were interested in investing with Envion, including Warren Buffet, Bill Gates, Dow Chemical, Morgan Stanley, and Goldman Sachs;

(b) that former President Bill Clinton had agreed to become affiliated with Envion, possibly as a member of its board of directors, and that former President George W. Bush was interest in investing in Envion;

(c) that along with Han, Envion was run by a number of seasoned and highly regarded executives with extensive track records of success in the energy, technology, and finance industries, as well as the public sector; and

(d) that Envion would be the best return Mr. Carlucci had received on any investment, that Mr. Carlucci would get his investment back in three weeks, and that Mr. Carlucci would receive possibly up to 50 times the amount invested.

(2) Defendants’ Motion to Dismiss Plaintiff’s Claim of Federal Securities Fraud Against All Defendants (Count I) is denied;

(3) Defendants’ Motion to Dismiss Plaintiff’s Claim of Virginia Securities Fraud Against All Defendants (Count II) is denied;

(4) Defendants’ Motion to Dismiss Plaintiff’s Claim of Actual Fraud Against All Defendants (Count III) is denied; and

(5) Defendants’ Motion to Dismiss Plaintiff’s Claim of Constructive Fraud Against All Defendants (Count IV) is denied.

11/06/12 : According to the April 6, 2015 Plaintiffs-Appellants’ Brief, Cook Co., IL, Case  No. 14-L-2768, GCF/ACF v. OTIW/ONW, OSGC , et al.

Pursuant to the Commitments Letter, Bruce King arranged for $50,000 to be wired from OSGC’s bank account to the bank account of EAF on November 6, 2012. …

After OSGC wired the initial funds, ACF members, Matt Eden (OSGC’s financial advisor), and Joseph Kavan (OSGC’s counsel) participated in numerous weekly telephone conferences utilizing ACF’s conference call number to negotiate the agreements and to discuss the Project.

11/07/12 : Custom Tissue, LLC administratively Dissolved w/ WDFI; Registered Agent Ronald Van Den Heuvel; Started on 05/22/03

 

11/14/12 : FILED – November 14, 2012 OSGC & GBRE Complaint for Certiorari Review, Brown Co. Case No. 12CV2263, Oneida Seven Generations Corp. & Green Bay Renewable Energy, LLC  v.  City of Green Bay

11/15/12 : REGISTERED w/ IL – ARLAND ENERGY SYSTEMS, LLC

•  Manageer:  Louis Stern

•  Registered Agent: Eric R. Decator

11/16/12 : OSGC CEO Kevin Cornelius gave a presentation regarding OSGC’s gasification project at the US DOE’s Tribal Energy Program 2012 Program Review in Denver, COLORADO

 

Ernest ‘Ernie’ Stevens III

12/02/12 : According to the December 13, 2012 Oneida Police Department Incident Report by Ofc. William Cone re: Domestic-Disorderly Disturbance with a Dangerous Weapon in the matter of Brown Co. Case No. 12CM1711,  State of Wisconsin  v.  Ernest L. Stevens III [Defense Attorney Vince Biskupic]:

When I arrived on scene I could hear a male speaking or yelling loudly at someone…. As I’m walking up to the residence I looked at the female through the glass storm door and I could see a female that was sitting in a chair hunched over holding her stomach with her arms.  As I got closer to the residence the female looked out of the glass door and at me. I got within 15 feet of the female and I could see the female was upset and crying. The female appears as if she didn’t want to provoke the male any further and was staying submissive in appearance. I could hear the male speaking loudly at her, I heard him say, “This is your fault.” As I was looking at the female she made a gesture with her hand and waved me into the house. I could see the urgency and fear in her eyes and the tears rolling down her face. Officer Dan House and I continued to walk into the residence. Once inside the residence I observed a Native American male, approximately 6 feet tall and 200 lbs, standing and pacing the kitchen over a female that was 5 foot 4 inches and 100 lbs. … I explanied to the male that he was going outside with Officer Dan House and I be speaking with the female without him there.

[She] said her husband Ernest went out with his friends at about 5:30 p.m. last night and didn’t get home until around 5:50 a.m. this morning. [She] said she woke up to the sound of Ernest hitting the front door and yelling. He was calling her a “bitch” and a “c*nt” as he was hitting and kicking the front door. [She] said she walked to the front door and told Ernest to calm down and then she would open the door. Ernest then kicked the front door two times and it swung open. [She] stated she stepped toward the kitchen table and Ernest stepped toward her, he grabbed her by the shoulders with both of his hands and pushed into the dining table. [She] said after a few minutes of screaming at her about not letting him in, Ernest walked back towards the front door, about 8 feet, and picked up a piece of door jam that was about 10 inches long both ends. Ernest then walked back towards her while she was sitting down on a chair in the dining room. Ernest was ranting and raving about her being a “bitch” and said it was over.

[She] said Ernest wasn’t specific about “what was over” but he kept waving the piece of sharp wood about 4-6 inches away from her face. …

[She] said she and Ernest have been married for about 6 years and they have two children together. The children were home and sleeping in the bedroom at the time of the incident. … [She] stated she did not give Ernest permission to do this to her.

I advised Officer House I had enough for charges on Ernest and he would be arrested.

 

  • December 12, 2012 Criminal Complaint, U.S. District Court for the Southern District of Texas, Case No. H12-1140,  United States of America  v.  Rudi Dekkers & Rogello Martinez-Flores

12. Based on my experience and the aforementioned facts and observations, the affiant believed there is probable cause to believe that [RUDI] DEKKERS and [ROGELLO] MARTINEZ-FLORES did conspire to knowingly possess with the intent to distribute over 5 kilos of cocaine, a controlled substance and approximately 100 grams of heroin, another controlled substance….

12/04/12 : December 4, 2012 City of Green Bay’s Answer & Affirmative Defenses of Defendant for Certiorari Review, Brown Co. Case No. 12CV2263,  Oneida Seven Generations Corp. & Green Bay Renewable Energy, LLC  v.  City of Green Bay

12/05/12 : December 5, 2012 Letter to OSGC CEO Kevin Cornelius from Shannon Loeve, Manager, Southwest Zone, Division of Capital Investment, Office of Indian Energy & Economic Development, U.S. Dept. of Interior

 

12/11/12 : FILED – December 11, 2012 Complaint & Summons, Jefferson Co. Case No. 12CV906, David J. Wolf [JWR, Inc.] v. Arland Clean Fuels [Generation Clean Fuels / Eric Decator]

12/12/12 : December 12, 2012 OSGC & GBRE Brief in Support of Plaintiffs’ Motion for Preliminary Injunction, Brown Co. Case No. 12CV2263, Oneida Seven Generations Corp. & Green Bay Renewable Energy, LLC v. City of Green Bay

 

•  Manager: Louis Stern

•  Registered Agent: Eric R. Decator

12/17/12 : December 17, 2012 BDO Audit of OSGC, ‘Financial Statements and Supplementary Information Years Ended September 30, 2012 and 2011’

12/31/12 : According to the OSGC Narrative Report as of December 31, 2012 from the 02/27/13 OBC Regular Meeting Packet:

The legal process between the City of Green Bay and us is ongoing. As we move forward our attorney will provide updates to the BC legal staff.

OSGC has begun to evaluate the potential for a plastics to oil business to be located in the former Tower Foods building. As recommended by the Business Committee we are following the process to receive rezoning and conditional use of the building. …

Energy Project: At this time, OSGC is not aware of any similar projects being implemented by other tribes. Since the project has the potential to provide a new source of revenue in a climate of declining gaming revenues to support tribal operations, the potential exists for other tribes to replicate the project. The Oneida Energy project will provide a working model and will serve as an educational opportunity for evaluation and replication. The OE project has the added benefit of expansion at a later date that will make the business more profitable and address other problematic environmental concerns. Future options include evaluating the technology and process for disposal of tires, dairy waste, auto shredder residue (also referred to as auto fluff), human sludge and other wastes to be used as fuel for generating electricity for sale to the energy marketplace. …

Our medium to long range goals includes the following:

•  Complete and successfully operate the Oneida Energy plant. Contracts for waste, energy, management and recycling are already in place. After construction is complete it is anticipated that the plant will be opened in winter of 2013.

•  Develop, sell, and manage similar plants to communities and businesses that need to either resolve waste disposal issues or develop renewable energy.

•  Develop at least two additional real estate developments over the next five years while maintaining a high occupancy rate with the real estate developments under management. 

•  Our last long range goal is to work with the Land Commission and Land Office to identify additional commercial properties that we can either develop or manage on behalf of the Tribe. …

OSGC is currently in litigation with the City of Green Bay regarding our rescinded permit. OSGC is currently in litigation with a former employee who claims wrongful termination.

OSGC has reached an agreement with a former tenant to collect back rent. The former tenant failed to comply with the agreement and we are seeking a judgment.

2013 : According to the December 22, 2016 Green Box NA Green Bay LLC’s Revised 3rd Amended Disclosure Statement, U.S. Bankruptcy Court, 16-24179-beh, Green Box NA Green Bay LLC

In 2013, the first evaluation of [Ron Van Den Heuvel’s] process patent [filed in 2011] was completed and 4 of the claims needed to be expanded upon.

01/2013 : According to the July 2, 2015 Brown County Sheriff’s Dept. Search Warrants for Ronald Van Den Heuvel / Green Box NA Green Bay, LLC:

26. Your affiant met with and interviewed Steven H. Huntington on April 23, 2015. Huntington is a CPA and was formerly employed by [GBNAGB]. Per documents and statement provided by Steven Huntington, on January 1, 2013, Huntington signed a contract with [RVDH] and Green Box to be the CFO of Green Box and have control of all the money. Huntington did work for which he should have been paid $11,000 but was paid only $5,000. Huntington was promised stock options and a bonus if he remained at Green Box, which never materialized. Huntington provided substantive information about his activities and Green Box as follows:

a. Huntington had worked on production predictions and grant applications. In the course of researching the numbers, Huntington found an investor by the name of Ken Dardis who had invested $500,000 in Green Box. Huntington found that [RVDH] had used $200,600 of that money for personal expenditures, including dental work for his wife, Green Bay Packers tickets, and [RVDH]’s ex-wife’s car payment, among other things.

Kelly’s teeth

b. Huntington located another investment of $100,000 from a family estate firm called Dodi Management, LLC. Out of the $100,000 investment, Ron Van Den Heuvel used $73,547.34 for personal expenses, including $2,594.34 for [RVDH]’s personal insurance, $4,000 for [RVDH]’s Bank of America credit card, $45,000 transferred to [RVDH]’s personal account, and $153.65 to Kelly Van Den Heuvel’s dentist, Lincoln Dental, for example.

c. Huntington was aware of the $600,000 investment from Dr. [Marco] Araujo, and was aware that [RVDH] spent $373,515,60 of that investment on personal expenses. Those expenses are mentioned in paragraph 7.

d. Huntington said Ron Van Den Heuvel presented financial information in a civil suit that did not match the QuickBooks accounting data of Green Box.

e. Huntington stated [RVDH] would list assets as belonging to one company and would list the same asset as belonging to a different company the next day. Huntington said the transfer of assets was not recorded anywhere.

01/04/13 : January 4, 2013 City of Green Bay’s Brief in Opposition to Plaintiffs’ Request for Certiorari Review, Brown Co. Case No. 12CV2263, Oneida Seven Generations Corp. & Green Bay Renewable Energy LLC vs. City of Green Bay

01/07/13 : January 7, 2013 OSGC & GBRE Reply Brief in Support of Plaintiffs’ Request for Certiorari Review, Brown Co. Case No. 12CV2263, Oneida Seven Generations Corp. & Green Bay Renewable Energy LLC vs. City of Green Bay

01/09/13 : January 9, 2013 Decision Hearing Transcript, Brown Co. Case No. 12CV2263, Oneida Seven Generations Corp. & Green Bay Renewable Energy LLC vs. City of Green Bay

  • Pages 90-92 of the transcript re: Judge Hammer’s determination of the misrepresentations of material fact made by OSGC to the public & elected officials regarding the Green Bay Renewable Energy [GBRE] waste incineration project.

01/22/13 :

01/27/13 : 

01/30/13 : WTAQ – OSGC looking at new site for waste to energy facility on Oneida tribal land

ONEIDA, WI – The operators of a proposed waste to energy facility in Green Bay who had their conditional use permit revoked last year are now looking at new spot to build on Oneida tribal land. 

The Oneida Division of Land Management held a public hearing this week to hear comments on a request from Oneida Seven Generations Corporations to rezone land and for a conditional use permit in Oneida.

The Press-Gazette reports the project is different in scope and would only recycle plastic products versus the original waste to energy facility that would household trash.

The project is being reportedly called the Water Circle Project and will be located near the Little Bear Center off Water Circle Place and Highway 54.

The Oneida Land Commission will vote on rezoning the land and granting a conditional use permit at their February 11th meeting.

The waste to energy project that was being built in Green Bay was estimated to be worth around more than $20 million.

OSGC has attempted to build in three different spots that have not worked out; Howard, Ashwaubenon, and Green Bay. 

The city of Green Bay approved a conditional use permit, but pulled it more than 20 months later over misstatements about smoke stacks and emissions. 

OSGC sued, but a judge ruled against them. 

Lawyers stated during the hearing, that they would file another lawsuit seeking damages.  That figure is reported to be upwards of $5 million.  No word of a lawsuit is still being pursued. 

Calls to OSGC have not been returned in time for this story.

02/04/13 : February 4, 2013 Order Granting Plaintiff’s Motion for Summary Judgment and For Entry of Judgment, Brown Co. Case No. 12CV479, Julie Gumban v. Ron Van Den Heuvel, Kelly Van Den Heuvel, KYHKJG LLC, Tissue Products Technology Corp. & Tissue Technology LLC

 

  • Green Box NA Green Bay, LLC restored to Good Standing & changed Registered Agent, and again on 07/7/15, and on 03/31/17 to Stephen A. Smith [GlenArbor Partners, LLC]

 

IFBC writes to advise the Wisconsin Economic Development Corporation (WEDC) about our grave concern regarding possible misuse of the public funding made pursuant to the above two contracts (see attached Exhibits 1 and 2, containing the first pages of each) for a total of $4 million. While we are aware WEDC has been plagued with well-publicized issues of accountability and accounting for disbursements, recent events pertaining to these contracts (the “contracts”) prompted IFBC to draft this letter to WEDC and request WEDC to rescind the public funding made pursuant to these contracts.

As you can see from the attached newspaper articles in Exhibits 3 and 4, the contract funding to construct energy recovery facilities appears to be diverted to other purposes than permitted under the contracts. SEP FY10- 20265 only pertains to creation of jobs in Green Bay, Wisconsin, and the City of Green Bay’s rescission of the building permit for this project for misrepresentation was upheld by the Brown County Circuit Court in January, 2013. LEG FY10-19812 pertains to establishing a “state-of-the-art energy recovery facility in Brown County…”. The January 30, 2013, Press-Gazette article contained in Exhibit 4 details plans to shift this WEDC funded project to Outagamie County. Both misrepresentation and out of area geographic siting fail to comply with the strict terms of both agreements.

It is not difficult to imagine there are other failures to comply with each agreement not contained in this letter. IFBC believes this situation presents a unique opportunity for WEDC to remedy past issues by recovering disbursed funding and redirecting it to other, more legitimate ventures to create viable economic development in Wisconsin.

For these reasons, IFBC requests WEDC to rescind the contracts and claw back disbursed funding. Thank you for your time and efforts.

Sincerely,
John Filcher
Co-Chair, Incinerator Free Brown County

Dear Ms. Elm:

IFBC respectfully submits the attached comments pursuant to the Public Hearing notice. IFBC is an all volunteer grassroots environmental advocacy group established in 2010. IFBC has already established a storied history of supporting waste reduction, reuse, recycling, composting, extended producer responsibility and initiatives to limit dependence on landfills. IFBC has steadfastly maintained a “no incinerator” position since its founding and has joined with hundreds of groups across the globe in resisting initiatives which involve burning or otherwise melting down petroleum based plastics and has routinely been referenced as a leading authority on the subject.

IFBC asks the Oneida Land Commission to carefully consider all aspects of this latest proposal for the Oneida Seven Generations pyrolysis staged plastics incinerator. The issues to consider can be summarized as follows…

02/14/13 : February 15, 2013 Notice of Motion and Motion for Default Judgment, Jefferson Co. Case No. 12CV906, David J. Wolf vs. Arland Clean Fuels, LLC

02/15/13 : February 15, 2013 Affidavit in Support of Motion and Motion for Default Judgment, Jefferson Co. Case No. 12CV906, David J. Wolf vs. Arland Clean Fuels, LLC

 

02/19/13 : February 19, 2013 Order for Judgment, Jefferson Co. Case No. 12CV906, David J. Wolf vs. Arland Clean Fuels, LLC

 

02/26/13 : February 26, 2013 Confidential Memo from Council member & OSGC Liaison Brandon Stevens to the Oneida Business Committee re: Chairperson Delgado’s statements to the media about Oneida Seven Generations Corp. matters

03/07/13 : OFFENSE DATE – Sauk Co. Case No. 13CF208,  State of Wisconsin  v.  [Oneida Housing Authority Employee] Spencer A. Cornelius

re: the beating of another Oneida Housing Authority Employee as revenge for whistleblowing against OHA employee theft and fraud

•  SUBSTANTIAL BATTERY-INTEND BODILY HARM, FELONY I
•  REPEATER
•  GUILTY PLEA / SENTENCING on 01/21/14

See also:

•  February 21, 2016 Dawn M. Delebreau Privacy Act Release Form & Report to U.S. Sen. Tammy Baldwin regarding FBI investigation of Case No. 194B-MW477598 alleging that Spencer Cornelius’ brutal assault on fellow OHA employee Jonathan Delabreau during an OHA training trip to the Wisconsin Dells when harassment & intimidation of Jonathan just wasn’t enough to satisfy Spencer’s bloodlust, and was allegedly done in order to please Spencer’s and Jonathan’s boss, former OHA Construction Superintendent Jay Fuss. That assault was not the first time Spencer Cornelius has violently attacked people as seen by Brown Co. Case No. 2009CF630

•  May 23, 2017 Federal Indictment, U.S. District Court for the Eastern District of Wisconsin, Case No. 17CR92,  United States of American  v.  Jay L. Fuss  [Fmr. Oneida Housing Authority Construction Supervisor]

03/12/13 : March 12, 2013 Memorandum by Oneida Law Office Chief Counsel Jo Anne House re: Leah Sue Dodge Petition – Oneida Seven Generations Corporation’s Land Use

WTAQ: Developer of trash to energy incinerator files notice of lawsuit appeal

GREEN BAY, WI (WTAQ) – Oneida Seven Generations Corp. has filed a notice of appeal in its lawsuit against the city of Green Bay for revoking its conditional use permit to build a new kind of trash to energy incinerator.  

OSGC lost its challenge back in January after Brown County Judge Marc Hammer sided with the city in its right to pull their permit over misstatements about smokestacks and emissions. 

Both sides agreed on a bench ruling in the lawsuit. 

Mayor Jim Schmitt says they expected the appeal.

“That’s the legal process, and it will be heard by a judge outside this community” Schmitt said Monday night.   

OSGC filed two lawsuits that were ruled on together. One of the lawsuits sought to hold the city liable for expenses incurred, which at the time of the filing OSGC claimed exceeded $4 million.

“I’m always concerned when we go to court, always, we won in the lower court and we are taking a look at the appeal it’s in the city attorney’s office right now”  Schmitt said. 

03/18/13 : March 18, 2013 Affidavit of Eric R. Decator, Jefferson Co. Case No. 12CV906,  David J. Wolf  v.  Arland Clean Fuels, LLC [Generation Clean Fuels, LLC / ACF / GCF ]

 

03/18/13 : March 18, 2013 Defendant’s Memorandum in Support of Motion to Vacate Judgment, Jefferson Co. Case No. 12CV906,  David J. Wolf  v.  Arland Clean Fuels, LLC [Generation Clean Fuels, LLC / ACF / GCF ]

03/19/13 : March 19, 2013 Affidavit of Michael R. Bertogli, Jefferson Co. Case No. 12CV906,  David J. Wolf  v.  Arland Clean Fuels, LLC [Generation Clean Fuels, LLC / ACF / GCF ]

03/20/13 : March 20, 2013 Amended Complaint and Jury Trial Demand, Brown Co. Case No, 13CV463,  Dr. Marco Araujo  v.  Ronald Van Den Heuvel and Green Box NA Green Bay LLC

03/24/13 : Green Bay Press-Gazette: Activists still can fight, beat city hall: Grass-roots group got Green Bay to pull plug on OSGC gasification plant

03/25/13 : MARCH 25, 2013 Letter from GTC Petitioner Leah Sue Dodge: to General Tribal Council  as published in the May 5, 2013 GTC Special Meeting Packet

03/31/13 : March 31,2013 Oneida Seven Generation Corp./OSGC Narrative Report re: Energy Project & Litigation with City of Green Bay

04/04/13 : Associated Press, ‘Oneida tribe split on gasification plant’

 

Green Bay Press-Gazette: Oneida gasification plant faces some more opposition: Are taking steps to dissolve Oneida Seven Generations Corporation

(original link): Tribal foes of Oneida plant might try to dissolve company

04/10/13 : April 10, 2013 Answer of Defendants Ron Van Den Heuvel & Green Box NA Green Bay, LLC, Brown Co. Case No. 13CV463,  Dr. Marco Araujo  v. Ronald Van Den Heuvel and Green Box NA Green Bay LLC

04/11/13 : EMERGENCY OBC MEETING re: Fmr. OBC Chair Ed Delgado’s call for  OBC to acknowledge and address the blatant contradictions pointed out to him by GTC Petitioner Leah Sue Dodge between…

which says…

WHEREAS, the ability of our Native community to be protected from the effects of dioxin poisoning is critical to the future of our tribal nations and all life that sustains us, and…

WHEREAS, tribal communities and families continue to be disproportionately exposed to dioxin and other persistent organic pollutants. Many of our tribal members are more susceptible to these dangerous toxins due to and-based culture and subsistence practices, and… 

WHEREAS, dioxin has been classified as a “known human carcinogen” with the “highest” level of certainty by the International Agency for Research on Cancer, and acknowledged by the World Health Organization that dioxin exposure is linked to severe health effects…

NOW, THERE, BE IT RESOLVED: that the Oneida Tribe of Indians of Wisconsin requests that the United States State Department pursue ending the production and release of Dioxin and other Persistent Organic Pollutants in the United States

…versus OBC Resolutions in support of OSGC’s Dioxin-emitting waste incinerator project, whether built on or off the Oneida Reservation, but the corrupt OBC voted to reaffirm their support for OSGC’s experimental Dioxin-emitting waste incinerators that OSGC wanted to market throughout the United States.

A. Executive Session

1. Rescind resolution 12-08-10-B, ‘Supporting Oneida Seven Generations and Oneida Energy in the Development of the Waste-to-Energy Project’

Sponsored by: [Fmr. OBC Chair] Ed Delgado

Motion by [then-OBC Treas.] Tina Danforth to reaffirm [pro-incinerator] resolution 12-08-10-B, ‘Supporing Oneida Seven Generations and Oneida Energy in the Development of the Waste-to-Energy Project,’ seconded by Paul Ninham.

Motion carried unanimously:

Ayes:  Melinda J. Danforth, Tina Danforth, Vince DelaRosa, Greg Matson, Patty Hoeft, David Jordan, Paul Ninahm

Not present: Brandon Stevens

VIDEO – Leah Sue Dodge and later OSGC Board Member Paul Linzmeyer enter Norbert Hill Center as OBC & OSGC discussed Dodge’s GTC Petition and the blatant contradictions between Anti-Dioxin Projects Anywhere OBC Resolution 11-08-00-B …

versus

… Pro-Dioxin-emitting Project on the Rez OBC Resolution 12-08-10-B.

NOTE Paul Linzmeyer’s arm is in a sling.

Did someone ‘twist his arm’ to support OSGC’s incinerator?

Was Paul Linzmeyer the last, lone holdout on OSGC’s Board whose vote of support the other 4 board members were waiting to endorse the project before signing a Commitment Letter, as was discussed in Kevin Cornelius’ May 3, 2013 E-Mail exchange with Eric Decator of Arland Clean Fuels / Generation Clean Fuels / ACF / GCF – just two days before the May 5, 2013 GTC Meeting?

04/12/13 : Green Bay Press-Gazette: Oneida Business Committee reaffirms alt-energy support; Board still stands behind Green Bay gasification plant by Scott Cooper Williams

ONEIDA – [The Oneida Nation of Wisconsin’s Business Committee] are standing behind a tribal company’s controversial efforts to build a waste-to-energy plant in Green Bay.

But members of the…Oneida Business Committee [OBC, subordinate to the General Tribal Council / GTC], are not divulging whether they also support continuing a court fight over the project.

Representatives of the Oneida Seven Generations Corp. met with tribal leaders Thursday for more than an hour, amid growing signs that the company is losing support among its own people.

[OBC] Chairperson Ed Delgado, in particular, has voiced concerns about the waste-to-energy initiative and, with regard to the lawsuit, has said he wants to “stop the spending.”

After Thursday’s closed-door meeting with company officials, however, Delgado joined other tribal leaders in a public show of solidarity with Oneida Seven Generations Corp.

Delgado and other [OBC] members declined to comment.

Before the vote, Oneida Seven Generations [Corp.] board member Paul Linzmeyer told reporters he was unsure if the company still had tribal leaders’ support in pursuing the Green Bay development.

“All we’re trying to do,” be said of the meeting, “is work through a lot of different issues together.”

The [OBC] voted unanimously to reaffirm its support of a resolution backing the Green Bay project. The resolution states that the proposed facility would not use “any type of incineration or burning” and “will not have smokestacks.”

[The OBC & OSGC claim that] the gasification plant would process tons of household trash at high temperatures in a way that leaves only charred waste, easing the need for landfill dumping while also creating a new source of electrical energy.

Green Bay city officials withdrew a permit for the project at 1230 Hurlbut St. after determining that Oneida Seven Generations [Corp.] had misled the city about emissions and other aspects of the facility.

After a judge ruled in the city’s favor in a resulting lawsuit, the development firm announced its plans to appeal.

Delgado moved to reconsider the company’s legal fees Thursday, but the [OBC] would not discolse its decision on the issue.

While waging the court fight, Oneida Seven Generations [Corp.] also has sought to locate a similar gasification plant on tribal land west of Green Bay.

Tribal members opposed to the project have circulated a petition for a General Tribal Council [Meeting] on the issue.

That gathering is scheduled for May 5.

Leah Dodge, a leader of the petition drive, said Thursday’s action by the Oneida Business Committee signals the importance of a [GTC Meeting] that stops the gasification concept from going forward.

“Now the General Tribal Council will have to step up to do the job to protect the Oneida Tribe which the Business Committee abdicated,” Dodge said.

_________

• NOTE #1 : GTC can actually craft, adopt, change, and enforce Tribal Directives & Laws during GTC Meetings, so they are much more than just a “referendum.”

•  NOTE #2 : Gasification  IS  Incineration  /  Trash-to-Ash  /  Landfill-To-Skyfill-To-Lungfill

•  NOTE #3 :  OBC Resolution 12-08-10-B actually states that the OBC supports OSGC & subsidiary Oneida Energy Inc. …

…as corporations wholly owned by the Tribe constructing this facility on the Oneida Reservation, OSGC and Oneida Energy are bound to comply with tribal land use and environmental laws as well as federal environmental laws

The 1230 Hurlbut St. parcel is located in the City of Green Bay and is NOT “on the Oneida Reservation” … as Oneida Eye’s Publisher informed WTAQ radio host Jerry Bader, who read her email on the air.

 _________

ONEIDA, WI – Members of the Oneida Nation’s Business Committee voted Thursday to continue supporting efforts to build a waste-to-energy facility.

Resolution 12-08-10-B lays out backing of a project to build a gasification facility which aims, “to generate about 4 to 10 megawatts of electricity for 3,000 to 5,000 residential homes to be sold to Wisconsin Public Service.”

What the resolution doesn’t say is specifically where this plant will be constructed.  [UNTURE; SEE NOTE ABOVE]

Tribal Council Chair Ed Delgado proposed rescinding the resolution of support, but a majority of members voted against the action. 

The resolution says, “the Oneida Business Committee enthusiastically supports this project and will work with OSGC and Oneida Energy to help them realize the opportunity and to locate the facility on a site that is most desireable.”

The Green Bay City Council revoked a conditional use permit for Oneida Seven Generations Corporation back in October for the plant on Hurlbut Street. The [Green Bay Common C]ouncil felt OSGC lied about the nature of the project with regards to the existence of smokestacks and emissions. 

OSGC filed a lawsuit, but a Brown County judge ruled in favor of the city and its reasons for pulling the permit. 

Initial reports indicated that support among members of the Oneida Business Committee was dwindling. 

OSGC says it will appeal and has moved forward with a lawsuit seeking damages of more than $4 million.

Wallace J. Hilliard – aka Wally Hilliard

04/22/13 : FILED – DIVORCE in re: the marriage of Wallace James Hilliard and Patricia Ann Hilliard, Oneida Co. Case No. 13FA85

•  DEFAULT JUDGMENT on 07/08/16

According to Daniel Hopsicker:

In the wake of [Wally] Hilliard’s arrest several Naples residents who socialize with Hilliard contacted us to express outrage about his behavior.

“In public, and at church, they are the epitome of a good family,” wrote one disapproving neighbor. “Behind closed doors, not so much.”

From their comments it was possible to piece together an account of the turbulent private life of the 78-year old Hilliard.

His wife, Patricia, is at 46 thirty-two years his junior. She has five children from a  previous marriage. After the two wed, Hilliard adopted her children. He also adopted his new bride’s Mormon faith. 

Several sources told us that Hilliard moved back to Naples from Apopka, FL last year to file for divorce. Wife Patricia and children soon followed, and the two reconciled.    

“Mrs. Hilliard has made it known,” sniffed one local matron who sees her socially. “She is waiting for Hilliard to die so that she can keep his money.”

04/26/13 : April 26, 2013 Memorandum from Oneida Business Committee Secretary Patty Hoeft to Leah Sue Dodge regarding questions about OSGC’s failures in self-reporting to the OBC in accordance with the Corporate Charter’s ‘Corporate Report Model’

  • GTC Members and neighbors protest OSGC’s proposed Waste-to-Energy/ Plastics-to-Oil facility at the Highway 54 OneStop Casino roundabout at County Rd U with a ‘Fun Act of Conscience & Teaching’ [FACT]

05/02/13 : Kalihwisaks, Oneida Nation of Wisconsin / ONWI CFO Larry Barton received ‘CFO of the Year’ Award from the Native American Finance Officers Association [NAFOA]

The article failed to note that ONWI CFO Larry Barton’s boss

– then-OBC Treasurer Cristina Servilla Delgado-Danforth –

is on the NAFOA Board where she is currently President.

Eric R. Decator – Generation Clean Fuels, LLC aka Arland Clean Fuels. Fmr. Astt. Atty. Gen. of COLORADO. (The guy OSGC Managing Agent Pete King III gave undisclosed millions of GTC’s dollars to for … reasons.)

05/03/13 : According to the April 6, 2015 Plaintiffs–Appellants’ Brief in Cook. Co. Case No. 2014-L-2768, Generation Clean Fuels, ACF Leasing & ACF Services  v.  Oneida Nation in Wisconsin, Oneida Seven Generations Corp., Green Bay Renewable Energy LLC, et al. and its Exhibits:

On or about May 3, 2013, Kevin Cornelius informed ACF that 4 out of 5 OSGC Board members approved the commitment letter.

 

Kevin:

Did you sign the commitment letter yet?

Eric

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We are still waiting for one more board member to give us a yes. We have 4 yes votes, but we’d like to have all 5 votes.

We have two options. First, we will talk with Craig at the bank and if he needs it by today then we will sign the commitment letter since we have the votes.

Second, if we wait till Monday [May 6] then we will work with the board member to get his vote by Monday. He is not opposed, but he had a few questions and we have sent him the answers, but he has not gotten back to us.

CLICK HERE FOR TIMELINE PART 6

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