Thank you Trey. We soo appreciate your insight and work on thisSent from my
Verizon, Samsung Galaxy smartphone
-------- Original message --------From: Trey Tennyson <treytennyson3@xxxxxxxxx>
Date: 7/25/19 10:45 AM (GMT-08:00) To: aem-vanc@xxxxxxxxxxxxx Subject:
[aem-vanc] Re: American Equities meeting Thursday Good morning, Roy. I felt
we should probably speak directly regarding your plans. My name is Eugene
"Trey" Tennyson. My mother and I have approximately 1.4 million dollars
together in the AEM 600 LLC, but no investments in other funds. I am a
recently retired Vancouver, WA trial attorney with 28 years of experience. I
have handled cases in courts in Washington and Oregon (licensed in both states)
and also in Oregon federal court in Portland. I wanted to update you on my
efforts re: the AEM 600 LLC, as these have bearing on the status of the entire
global receivership. Through my local attorney, Tim Dack of Vancouver, we
have filed (1) an objection to the Receiver's motion for compensation and other
professional fees; (2) an objection to the Receiver's request for court
authority to sell property on short notice and without hearing. We are also
filing a Motion to Terminate AEM 600 Receivership. The primary grounds for
these motions are that the court lacks subject matter jurisdiction over the
receivership proceeding, because it was not commenced properly as required by
RCW 7.60.025. Instead, it was commenced through an invalid assignment of LLC
assets to the creditors. This assignment of assets was an act which was
clearly outside the normal court of the LLC real property mortgage investment
business (as it true for all the LLCs which are part of the receivership) and
it required the unanimous consent of the members pursuant to RCW 25.15.121.
It also has the legal effect of removing the Manager, replacing the Manager,
and changing the management agreement (compensation of the Manager), all of
which require a 2/3 vote of the membership interests. We expect that the
court will grant our motion and, having determined that all other LLCs have
made invalid assignments, will have to dismiss the receivership due to lack of
statutory foundation (which deprives the court of subject matter jurisdiction).
Our hearing on our objections and motion is scheduled for August 2, 2019 and
we have requested a special setting off the court's normal 9:00 a.m. docket. I
am interested in discussing your thoughts briefly re: collection against Ross
Miles/spouse, other principals/spouses, available liability insurance (if any),
and against the current assets and present and future income stream of American
Equities, Inc. I am concerned that federal court is not the way to go because
it requires considerably more legal time which will jack up expenses
significantly. I cannot attend the meeting today as I live in Phoenix, AZ
but I am also not satisfied at being unable to ask questions. Give me a call
today if you can at (360) 904-1767. Thank you, Trey Tennyson On Wed, Jul
24, 2019 at 3:14 PM Robert Johnson <rdj11256@xxxxxxxxx> wrote:From: Roy
Thompson <roythompson@xxxxxxxxxxx>Date: July 24, 2019 at 2:31:16 PM
PDTReply-To: Roy Thompson <roythompson@xxxxxxxxxxx>
Ladies and Gentlemen,As you may know, my firm represents Rob and Eva Johnson in
regards to the American Eagle/American Equities matter. They have been
instrumental in arranging a meeting involving as many of you (and your legal
counsel) that can attend and participate regarding the following issues:1)
Selection of a legal team;2) Legal options available;3) How to collectively
reach out to law enforcement, and other federal and state agencies; and4) The
creation of a fund pool for expected attorney fees and costs.The meeting is
scheduled for tomorrow, July 25, 2019 from 4:00pm to 7:00pm at the Oregon State
Bar, 16037 SW Upper Boones Ferry Rd., Tigard, OR 97224, Columbia Suite
B.Because some of you have scheduling conflicts or cannot attend due to
distance issues, we have made arrangements for a general conference call-in
number so that you may be able to listen in on the meeting. Unfortunately, we
will not allow questions to be posed by those calling into the meeting due to
technology and time constraints. The information for the conference call-in is
as follows:Call-in Number :
1-888-740-4219When prompted enter the Participant Code : 792021One of the
important issues to discuss during this meeting is that the scope of this
project may require involving several law firms. I want to stress that this
law firm cannot work on this proposed project alone - we will need legal
partners to work collectively together to make this proposal feasible. I will
be there with other representatives of my law firm, but we are hopeful that
other legal counsel, including any legal counsel you wish to invite to
participate, will also be willing to participate and discuss various concerns
with this project. We are inviting any legal counsel who cannot attend
personally to listen in by phone and email me if there any questions or ideas.
As Rob and Eva Johnson have already stated, one of the more important issues to
be addressed during this meeting will be the anticipated costs and expenses
(which would necessarily include attorney fees, legal filing fees, depositions
and other reasonable legal costs) that would likely be incurred over the course
of any litigation. In our experience, those anticipated costs will be onerous
if incurred individually. That is why we wish to discuss during the meeting,
the creation of a general fund pool to which we would all contribute to cover
the legal fees and other costs mentioned above. In addition to the above, we
are asking any and all of you to bring and/or provide a list of the AE pools
you belong to and how much you are owed in each. Your latest statements or
1099’s would be most beneficial.We look forward to meeting with you tomorrow.
In the event that either yourself or your legal counsel cannot participate,
please let us know if you still have interest in working towards a mutual goal
as described above.Roy B. ThompsonTHOMPSON BOGRAN, P.C.A PROFESSIONAL
CORPORATION5 Centerpointe Dr., Suite 400ALake Oswego, OR 97035Telephone:
503-635-3400Cell: 503-381-9945Facsimile: 503-635-3897Tax Advice Notice: Any
accounting, business or tax advice contained in this communication, including
attachments and enclosures, is not intended as a formal opinion, nor is it
sufficient to avoid tax-related penalties. NOTICE: This email transmission may
contain information that is protected by the attorney-client or other
privileges. If you are not the intended recipient, you are hereby notified that
any disclosure, or taking of any action in reliance on the contents, is
strictly prohibited. If you have received this transmission in error, please
contact Thompson & Bogran, PC immediately at (503) 635-3400, destroy any
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