satter
9 hours ago
Hiru failed to produce an expert for testimony. I would not put too much into the claim unless there's is a expert. However you are missing the point I raised earlier, whether that is even relevent as a corporation is or can be responsible for a corporate officer’s fraud committed within the scope of employment and apparent authority. And the nineth circuit ruling I posted that weighs heavily against Hiru. Their hired Gavin and likely could bear responsibility regardless. Hiru put them or Gavin in a position of trust and confidence.
The shikh needs to sue what you call the scammers but I think the plaintiffs do have a reasonable claim. I think you should again be more open minded about law, case law, corporate responbility.
We'll see what unfolds. You could be right, maybe not.
On March 26th, Hiru's lawyer, Frederick C. Bauman, filed a motion to withdraw as counsel of record stating irreconcilable differences with regard to the representation. Not perhaps a positive sign defendant and lawyer not agreeing.
satter
1 day ago
The checks are written from Hiru Corporation. The court will decide if they are responsible not you, nor I.
I think you are not being open minded, just buying into one side when I am looking at both sides.
I understand Hiru claims they are an innocent victim. I understand the bank claims otherwise.
The bank claims the two defendants came to deposition unprepared claiming no knowledge and the third cancelled two days before the scheduled deposition. They failed to produce their expert for testmony. Alleged.The court can look at this as the defense would like, that the defense knows nothing, so it's expected, or they are stonewalling, not co-operating.
I would consider settling because if you lose the consequences are far worse. You should not assume a court will buy your position when there is another one they will consider.
I am not so sure that even we accept the bad acts were by Gavin unbeknown to Hiru, that excludes Hiru from liability. Gavin was the CEO at the time. Generally, a corporation is responsible for a corporate officer’s fraud committed within the scope of employment and apparent authority. The nineth circuit in Costa Brava Partnership III LP v. ChinaCast Education Corp, ruled Bad Acts Can be Imputed to a Corporation even if CEO acted against the company interests.
https://capobiancolaw.com/ninth-circuit-rules-that-bad-acts-can-be-imputed-to-corporation/
satter
2 days ago
I go by the court docs, allegations, rulings and the law. The issue here is this law.
12-671. Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence
A. A person who, for himself or for another, with intent to defraud, makes, draws, utters or delivers to another person or persons a check or draft on a bank or depositary for payment of money, knowing at the time of such making, drawing, uttering or delivery, that he or his principal does not have an account or does not have sufficient funds in, or credit with, such bank or depositary to meet the check or draft in full upon presentation, shall be liable to the holder of such check or draft for twice the amount of such check or draft or fifty dollars, whichever is greater, together with costs and reasonable attorney's fees as allowed by the court on the basis of time and effort expended by such attorney on behalf of plaintiff.
B. The word "credit" as used in this section shall be construed to be an express agreement with the bank or depositary for payment of the check or draft.
C. Proof that, at the time of presentment, the maker, issuer or drawer did not have sufficient funds with the bank or depositary, and that he failed within twelve days after receiving notice of nonpayment or dishonor to pay the check or draft is prima facie evidence of intent to defraud.
I or you don't create the laws or the one above. If Hiru issued the checks it makes sense the plaintiffs will go after Hiru. It's 6 checks, not 4. The fact all were bad may add to the question whether it was intentional or not.
Ultimately the court will decide. I think Hiru should consider trying to settle rather than rolling the dice.
satter
3 days ago
Well so far the plaintiffs have succeeded very well in their case against the other defendants. Only defendant left is Hiru. The Court has acknowledge the deceit of all the other defendants so what deceit are you referring too? The court has decided the bank was defrauded and now will decide if Hiru had a role in that also.
The bank makes strong allegations which are allegations not established facts, but I would not blow this away. Seems it could be serious to me. Here's one of the allegations.
HIRU issued six checks totaling $2,790,000.00 from its Chase Bank account to the Salome
Business Account. SOF ¶ 4. These checks were dishonored by Chase Bank due to insufficient funds.
Id. ¶ 5. America First then provided HIRU with notice of dishonor as required by A.R.S. § 12-671.
Id. ¶ 7. HIRU failed to pay the dishonored Bad Checks within twelve days after receiving notice, id.
¶ 8, establishing prima facie evidence of intent to defraud under A.R.S. § 12-671(C).
HIRU has presented no evidence to rebut the statutory presumption of intent to defraud and
should not be allowed to present such evidence as sanctions for its discovery violations. Therefore,
there is no genuine dispute as to the material facts, and the Court should enter summary judgment
against HIRU in favor of America First for $5,580,000.00—twice the amount of the dishonored
checks—plus interest, attorneys’ fees, and costs all as provided by A.R.S. § 12-671(A).
So are you saying if Hiru were to lose and were ordered to pay close to 6 million, the business operations would not be affected one bit as they can easily financially absord that, or your convinced it can't happen? I am not familiar with Hiru's financial picture.
I am a bit surprised they are not trying to settle this case with the other side seeking summary or default judgment.
satter
4 days ago
The plaintiff is seeking either summary judgment or a default judgment against Hiru Corporation, or at the mimium, order Hiru to pay attorney fees and costs with certain issues it raises. No one knows how a Court will rule.
Hiru might be in a different business now than it was was as you put it, with the bottle watter nonsense in Arizona, but it's still the same Corporation as far as I know. I admit not that familiar, but just reading the court file. Summary judgment or default judgment ruling would be harmful to Hiru.
CONCLUSION
In light of the foregoing, America First requests that this Court enter summary judgment
against HIRU or, in the alternative, strike HIRU’s Answer of Defendant HIRU Corporation to
Plaintiff’s First Amended Complaint with Crossclaims and enter default judgment against HIRU. At minimum, the Court should (1) order HIRU to pay the attorneys’ fees and costs associated with the
depositions, (2) strike Lindsey as an expert, and (3) order HIRU to pay the costs and fees America
First incurred in connection with the rebuttal expert America First engaged to counter Lindsey’s
opinions.
RESPECTFULLY SUBMITTED this 10th day of April, 2025.
HOLLAND & HART LLP
Jack_Herer
5 days ago
Ready to go where? Mining? You don't really know much about this business, do you?
They don't have a valid mining lease (expired nearly 3 years ago). They haven't done any drilling, no mineral resource, no feasibility study, no development permits, no EPA permits, no infrastructure development, no equipment anywhere near Balfour (all these things are posted to the public on the Mineral Resources Tasmania site, and there ain't nothing there).
Doubtful they threw $15M at this 'project', but if they did, $15M doesn't buy much in this business. And Balfour's current NPV is roughly $0.00. There is no value.
Where's mascquale? He's missing the resurrection of the Balfour mining con...
Notice they re-iterated some valuation info about Balfour plus $15m that had been put into the project to get it ready to go.
It would be nice to hear news of them building camps, moving equipment up there to start bringing material up.
It's back.... And it's still a con.