Enterprising Investor
5 years ago
Avon Park Air Force Range
In August 2018, the United States Department of Justice (DOJ) filed two civil complaints asserting that BKF Capital is liable for remediation costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The parallel lawsuits are identical except for the location of the cleanup sites, which are in separate district court jurisdictions in Florida. The sites are located on tracts of land now known as the Avon Park Air Force Range (Avon Park). Predecessors to BKF Capital owned the land until 1942 when it was transferred to the United States Government pursuant to a Judgement on Declaration of Taking.
The claim is a remediation of certain pesticides and other chemicals used in dipping vats. Cattle dipping was widely used method to eradicate tick-borne diseases from Florida’s otherwise prosperous cattle industry. The Florida Legislature passed a law in 1923 requiring every cattleman in the state to comply with a full tick eradication program, which included dipping cattle every two weeks. The Company has valid factual and legal defenses to this claim and vigorously defended our position in response to the Complaints.
In October 2018, both parties in the Avon Park CERCLA litigation agreed to a change in venue whereby both complaints are now under the jurisdiction of the Middle District of Florida, rather than in separate district courts.
In November 2018, the parties agreed to voluntary mediation. The Company is willing to resolve the case through any available means and participated in the mediation in good faith. In connection with early mediation of this case, the parties reached a comprehensive settlement agreement in principle to resolve two civil complaints. Under the preliminary settlement, BKF will pay $725,000 covering both cases, and will receive a limited covenant not to sue on Avon Park tracts of land in the form of a comfort letter. The settlement is subject to the negotiation and approval of a Consent Decree, which will be presented to the District Court (Middle District of Florida) in the normal course. Cash payment of the settlement obligation is not expected to occur until Q2 of 2019.
http://bkfcapital.com/financials/BKF%20Capital%20Group%20Inc%20-%20quarter%20ended%203-31-19.pdf
db7
9 years ago
BKF Capital Group, Inc. Releases Financial Statements For Periods Ending June 30, 2015 and September 30, 2015
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Business Wire
BKF Capital Group, Inc.
WESTLAKE VILLAGE, Calif.--(BUSINESS WIRE)--
BKF Capital Group, Inc. (BKFG) hereby releases its financial statements for the three and six-month period ending June 30, 2015 and for the three and nine-month period ending September 30, 2015. The Board of Directors has approved a share repurchase plan, authorizing the Company to repurchase in the aggregate up to 1 million shares of its outstanding common stock, $1 par value, over the twelve (12) month period December 14, 2015 through December 13, 2016.
Under the program, shares may be repurchased from time to time in open market transactions at prevailing market prices or in privately negotiated purchases in accordance with federal securities laws. The actual timing, number, and value of shares repurchased under the program will be determined by management in its sole discretion and will depend on a variety of factors, such as market price, corporate and regulatory requirements, alternative investment opportunities, and other market and economic conditions. Repurchases under the program will be funded from available working capital. The program may be commenced, suspended or terminated at any time, or from time to time at management's discretion and without prior notice.
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contd
illegal_alias
9 years ago
I've got a pretty good idea of what lands are affected by the CERCLA (“Superfund”) notification. I used to live in the Melbourne-Vero area over 20 years ago and scouring some maps triggered some long-dormant brain cells.
I'll bet that the decision to de-register was prompted by the notification because of the timing. I'd like to find that notice, but cannot find it on the DOJ site. It would probably say where those lands are. If I'm right about the location, the government also did its share of polluting afterwards.
To me, the lands that the DOJ – ENRD letter is referring to are most likely land contained in the Avon Park Air Force Range located east of Avon Park, FL. Look at the Lake Arbuckle NE 7.5’ quad or google maps for Avon Park. The lands stretch over the Highlands and Polk county borders. The airfield (now MacDill AFB Auxiliary Field) was formerly a civilian airport seized under Executive Order 9215 - Authorizing the Secretary of War to Assume Full Control of Certain Airports (EO 9215). Additional lands (111,000 acres) were seized from Consolidated Naval Stores under the same order, referenced in a tax case from 1946 (http://www.leagle.com/decision/1946838155F2d683_1647/UNITED%20STATES%20v.%20111,000%20ACRES%20OF%20LAND,%20ETC) and Federal Register (page and date): 7 FR 6157, August 8, 1942. More lands (including the small community of Ft. Kissimmee) were confiscated into 1943 stretching into Okeechobee County. Some were released under EO 9526 in 1946, returning them to local governmental control some of which now used for a prison and a juvie facility. Today, the government lands comprise the Avon Park Air Force Range and MacDill AFB Auxiliary Field – the largest bombing range east of the Mississippi (https://en.wikipedia.org/wiki/Avon_Park_Air_Force_Range).
Without any historical maps or way to research land deeds, it is hard to discern which the range’s lands formerly belonged to Consolidated. I would rule out the present government lands since they have been bombed for 70+ years and are probably more polluted as a result of exploded ordinance.
I found a New York Times article (May 16, 2012) referencing water toxins in Florida communities including Avon Park Correctional center (http://projects.nytimes.com/toxic-waters/contaminants/fl/polk). Four contaminants were found, but all within current EPA guidelines. There is also a reference to pesticides dating to the 1920s and 1930s being removed from the range, but no mention of who used to own the land (www.outintheboonies.com/Avon_Park_AFR/).
Like I said, I would like to know for certain about the lands as that would give some insight into the potential for monetary damages and liability to BKFG.
Enterprising Investor
9 years ago
BKF Capital Group, Inc. Engages New Accounting Firm (10/13/15)
WESTLAKE VILLAGE, Calif.--(BUSINESS WIRE)-- BKF Capital Group, Inc. (the “Company”)(OTC: BKFG) today announced that it has engaged Anton & Chia, LLP, Certified Public Accountants, as its independent auditors to conduct an annual audit of the Company’s financial statements and reviews of each of our quarterly financial statements. The Company expects to announce its results of operations for the quarters ending June 30, 2015 and September 30, 2015 by mid-November 2015. The Company will publish its results on the OTC markets website at www.otcmarkets.com.
Enterprising Investor
9 years ago
CERCLA or "Superfund"
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites.
CERCLA:
established prohibitions and requirements concerning closed and abandoned hazardous waste sites;
provided for liability of persons responsible for releases of hazardous waste at these sites; and
established a trust fund to provide for cleanup when no responsible party could be identified.
The law authorizes two kinds of response actions:
Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response.
Long-term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening. These actions can be conducted only at sites listed on EPA's National Priorities List (NPL).
CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the NPL.
CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986.
http://www.epa.gov/superfund/policy/cercla.htm
Enterprising Investor
9 years ago
BKFG was once the closed-end fund known as Baker, Fentress & Co.
I wonder if CTO has received a claim.
Consolidated-Tomoka Land Co.
Established over 100 years ago
Consolidated-Tomoka Land Co. (“Consolidated”) traces its roots back to Jacksonville in the early 1900's. At one time in its history, Consolidated owned more than 1.8 million acres of land in Florida.
Significant dates in the Company’s history include:
•1902 – 7 Naval Store companies were consolidated into Consolidated Naval Stores, the largest company of its kind in the world and headquartered in Jacksonville, Florida;
•1923 – Baker, Fentress & Co. (of Chicago) acquired 80% of Consolidated Naval Stores
•1930 – Consolidated purchased a 33.6% interest in Barnett National Bank
•1969 – Consolidated Financial Corporation merged into Consolidated-Tomoka Land Co. (‘CTO’) and CTO goes public on New York Stock Exchange (minority share of the CTO);
•1985 – CTO moves headquarters to Daytona Beach, Florida
•1999 – Baker, Fentress & Co. spin off 1005 of CTO as fully publicly traded company on NYSE
http://www.ctlc.com/our-history.html
db7
9 years ago
pr today:
Bkf Capital Group, Inc. Notified by United States DOJ – ENRD of Possible Claim by CERCLA
Business Wire
BKF Capital Group, Inc.
5 hours ago
WESTLAKE VILLAGE, Calif.--(BUSINESS WIRE)--
BKF Capital Group, Inc. (OTC Pink: BKFG) today announced that it has been notified by the United States Department of Justice - Environment and Natural Resources Division of a possible claim by the United States under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) relating to certain property located in Highlands and Polk Counties, Florida. As identified to BKF, the property at issue was appropriated by the United States in 1942 from the Consolidated Naval Stores Company, an entity over which BKF’s predecessor Baker, Fentress & Co. allegedly had an ownership interest at the time of the appropriation. BKF intends to fully investigate the claim and, if necessary, defend itself to the fullest extent possible under the law, including pursuing indemnification and insurance rights.
Cautionary Statement Concerning Forward-Looking Statements
Statements used in this press release that relate to future plans, events, financial results, prospects or performance are forward-looking statements as defined under the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based upon the current expectations and beliefs of the Company's management and are subject to certain risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such forward-looking statements. Notwithstanding changes that may occur with respect to matters relating to any forward looking statements, the Company does not expect to, and disclaims any obligation to, publicly update any forward-looking statements whether as a result of new information, future events or otherwise. For further information on these and other and other cautionary statements, please refer to the risk factors discussed in the Company’s filings with the U.S. Securities and Exchange Commission including, but not limited to, the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2014.
View source version on businesswire.com: http://www.businesswire.com/news/home/20150527005498/en/
Contact:
BKF Capital Group, Inc.
Steven N. Bronson, 805-416-7004
CEO
levelnever
9 years ago
Well, hmmm, there we go, fits with the evolution of what we were seeing, so the question is why just BKFG and not any of the others. It is the one that has the most significant assets, I'm sure there is a rationale here, will continue watching Bronson closely to see what he is up to.
On sidenote, QBAK has really started turning the corner with last quarterly.
illegal_alias
10 years ago
BKFG moved as well on March 3 per 8-K
http://www.sec.gov/Archives/edgar/data/9235/000114420415014061/v403579_8k.htm
Section 8 – Other Events.
Item 8.01 Other Events.
Effective March 1, 2015 BKF Capital Group, Inc. (“BKF”) relocated its principal offices to 31248 Oak Crest Drive, Suite 110, Westlake Village, California 91361 (the “Premises”). BKF occupies the Premises pursuant to a license agreement, dated March 1, 2015 (the “License Agreement”) between BKF and Interlink Electronics, Inc. (“Interlink”). BKF’s new telephone number is (805) 416-7054. Pursuant to the License Agreement, BKF licenses one furnished office at the Premises. BKF also has access to a telephone line and other services as described in the License Agreement. BKF shall pay a license fee to Interlink of $12,000 per annum, or $1,000 per month, for use of the Premises.
Steven N. Bronson, BKF’s Chairman, CEO and majority shareholder, is also the Chairman, President and CEO of Interlink. A copy of the License Agreement is attached hereto as Exhibit 10.43
Lease agreement (NOTE: almost 6 years...this guy thinks on long time horizons!) http://www.sec.gov/Archives/edgar/data/9235/000114420415014061/v403579_ex10-43.htm
NOTE: and same address as FNSI
db7
10 years ago
1. Name and Address of Reporting Person *
BRONSON STEVEN N 2. Issuer Name and Ticker or Trading Symbol
BKF CAPITAL GROUP INC [ BKFG ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable)
__ X __ Director __ X __ 10% Owner
__ X __ Officer (give title below) _____ Other (specify below)
CEO
(Last) (First) (Middle)
3. Date of Earliest Transaction (MM/DD/YYYY)
12/31/2014
(Street)
(City) (State) (Zip)
4. If Amendment, Date Original Filed (MM/DD/YYYY)
6. Individual or Joint/Group Filing (Check Applicable Line)
_ X _ Form filed by One Reporting Person
___ Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code
(Instr. 8) 4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 12/31/2014 P 3000 A $1.35 4480349 D
Common Stock 12/31/2014 P 5200 A $1.4 4485549 D
Common Stock 12/31/2014 P 7100 A $1.45 4492649 D
Common Stock 1/2/2015 P 100 A $1.44 4492749 D
db7
10 years ago
1. Name and Address of Reporting Person *
BRONSON STEVEN N 2. Issuer Name and Ticker or Trading Symbol
BKF CAPITAL GROUP INC [ BKFG ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable)
__ X __ Director __ X __ 10% Owner
__ X __ Officer (give title below) _____ Other (specify below)
CEO
(Last) (First) (Middle)
3. Date of Earliest Transaction (MM/DD/YYYY)
12/29/2014
(Street)
(City) (State) (Zip)
4. If Amendment, Date Original Filed (MM/DD/YYYY)
6. Individual or Joint/Group Filing (Check Applicable Line)
_ X _ Form filed by One Reporting Person
___ Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code
(Instr. 8) 4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 12/29/2014 P 21000 A $1.3 4473017 D
Common Stock 12/29/2014 P 1700 A $1.25 4474717 D
Common Stock 12/30/2014 P 2632 A $1.25 4477349 D