TAPOUT/ABG LOSE 2ND MSJ HEARING TRIAL IS ON JULY 7

Good luck Hitman Dan.

Hitman to this day had the best shirt IMO!

I'll support you with my business Dan. I always respected Tapout since they were getting kicked out of shows for selling things without paying to do so. But damn this lawsuit literally erased all that.

I don't buy a lot of MMA themed clothing these days but I'll certainly be buying something with your brand on it. As long as the money isn't going to tapout or any of the crooks associated with them. Where/when can I buy from you? Phone Post 3.0

Andre "touchy" Fili

good luck Hitman Dan...read up on your situation a couple months back when you posted it up on the UG.

Hitman Recon shorts the best EVER! Still have a pair going strong!
Good luck Dan.

Fat boy Crowbar reppin Hitman Fight Gear in high visibility areas with multi-time National Hill Climbing Champion Harold "The Gasser" Waddell.

Good luck Dan.

going to train keep the questions coming i will come on later and answer what i can. 

 

 

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C. The TapouT Defendants' Breaches of Fiduciary Duties.

26. Despite their fiduciary duties to the minority owners of FI, including Diaz, the TapouT Defendants have repeatedly, routinely and systematically breached their fiduciary duties to Diaz by using the assets of FI and TapouT as their own personal piggy banks, and by engaging in a calculated campaign of fraudulent transactions designed to appropriate all of the value of TapouT and FI for themselves, personally. Among many other examples, Kreiner has systematically engaged in a campaign of accepting (indeed, demanding) bribes from vendors of both TapouT and FI; the cost of which Kreiner and the other TapouT Defendants have unlawfully foisted onto FI. As examples, Kreiner has caused vendors of FI to give Kreiner lavish gifts (including a new Mercedes and Rolex watches) in exchange for vendor contracts with FI and TapouT at costs well over market rate. For instance, Kreiner, acting on behalf of FI and/or TapouT, would demand a particular vendor provide him with a lavish gift, in exchange for which Kreiner would then sign contracts on behalf of FI and TapouT pursuant to which those entities would pay inflated prices to those vendors for goods and services rendered to FI and TapouT. In some cases a vendor might receive as high as one dollar per t-shirt furnished which – over the life of a contract – might pay the vendor hundreds of thousands of dollars as a "kickback" to the vendor for providing Kreiner with demanded gifts. The foregoing kickback schemes were designed to line Kreiner's pockets at the expense of TapouT and FI and these entities' respective owners, including Diaz. Diaz suffered damages as a result of this conduct.

27. In addition to the foregoing, Kreiner devised, engineered and then perpetrated a campaign of developing false invoices for TapouT and Hitman gear which Kreiner used to misappropriate monies "borrowed" from Private Equity Management Group, Inc. and Private Equity Management Group, LLC ("the PEM Group"), which was later indicted for federal offenses. Kreiner also devised, engineered and engaged in customs fraud in order to appropriate millions of dollars from TapouT and Hitman for his own personal use.

28. Kreiner also paid exorbitant sums to friends and associates of his for services purportedly rendered to FI and TapouT, and Diaz is informed and believes Kreiner received illegal kickbacks from these friends and associates as well. For instance, Kreiner spend hundreds of thousands of dollars on "design services" for his own personal office, and for Caldwell's office at TapouT, when the actual cost of the design services should have been a fraction of the cost charged to and paid by TapouT and FI. Similarly, Kreiner caused TapouT and/or FI to pay more than $1,348,254 in 2009, and more than $511,913 in 2010 to Gallinot or GE in the form of "consulting fees" and/or "bonuses," from which Diaz is informed and believes Kreiner and the other TapouT Defendants received kickbacks. Kreiner also caused both companies to over pay attorneys retained to represent TapouT, Hitman and even Diaz, in order to secure personal benefits for Kreiner through that counsel. Again, these unlawful payments of money – personally directed by Kreiner without the knowledge or consent of the other members of these companies, substantially reduced the assets of TapouT and FI, to the detriment of Diaz and the other investors of these companies.

29. In addition to the acts of theft detailed above, Kreiner and the other TapouT Defendants participated in many more illegal and improper thefts of FI and TapouT's company assets. As but one additional example (there are many more), Kreiner would routinely skim cash and inventory from TapouT and FI after "warehouse sales" of each companies' clothing, which were customarily held at FI and TapouT's warehouses. Diaz is informed and believes Kreiner shared his ill gotten gains with Gallinot, Caldwell and other business associates of Kreiner; all in order to secure their complicity in his conduct.

30. Diaz is informed and believes Caldwell was aware of Kreiner's misconduct, but that Caldwell accepted the benefits of Kreiner's misconduct in the form of his "cut" of the kickbacks Kreiner managed to generate from vendors of TapouT and FI, from TapouT and FI's own assets, and from Kreiner's personal friends and associates, who actively aided Kreiner in fleecing FI and TapouT of their liquid assets.

31. On at least one occasion, Diaz protested Kreiner's conduct but was told - in no uncertain terms – he was not to interfere with Kreiner's "business" or Diaz would be terminated.

32. After depleting FI and TapouT of their assets through the conduct described above, Kreiner refused to reimburse Diaz for his business expenses, which were owed to Diaz pursuant to the terms of his employment agreement. In "defense" of his failure and refusal to cause FI to pay Diaz his reimbursable expenses, Kreiner claimed FI "lacked the money" to pay Diaz for his reimbursable expenses.

D. The Sale of TapouT and FI's Assets to ABG.

33. After depleting TapouT and FI of all their operating capital and liquid assets through the tortious conduct detailed above, Kreiner and Caldwell offered to sell all of TapouT and FI's assets to ABG in a patently unfair transaction. Specifically, Kreiner and Caldwell agreed to sell all of the assets of TapouT and FI to ABG in exchange for: (1) the payment of some of the debt Kreiner and Caldwell managed to accumulate through their scheme of skimming cash and other assets out of the companies; and (2) future cash payments to Kreiner and Caldwell, only (hereinafter, "the Asset Sale"), the amounts of which were to be withheld from Kreiner and Caldwell pending the resolution of remaining creditor claims against those assets. The Asset Sale would thus leave FI and TapouT bereft of any of their assets, while satisfying only some of their liabilities. As such, Diaz believes and hereby alleges the Asset Sale represented a fraudulent transaction designed to defraud legitimate creditors and investors of FI and TapouT; Diaz included. / / / /

34. Diaz is informed and believes that while conducting its "due diligence" prior to purchasing the assets of TapouT and FI, ABG discovered Kreiner's illegal conduct and his unlawful diversions of the assets of FI and TapouT for his own benefit. ABG has admitted this discovery to Diaz. ABG was also aware, by virtue of its "due diligence," that the Asset Sale would strip TapouT and FI of their assets while leaving creditors of TapouT and FI with nothing to recover against. In fact, Diaz is informed and believes ABG used that knowledge and information against the interests of TapouT and FI in its negotiations with Kreiner, to the detriment of Diaz and other creditors of FI and TapouT, by driving down the price to be paid by ABG for the assets of TapouT and FI; thus furthering injuring the rights of Diaz and other creditors of FI and TapouT.

35. While the Asset Sale was still under negotiation, ABG attempted to buy Diaz's silence regarding Kreiner's illegal conduct through an employment agreement with ABG TapouT (the new entity formed by ABG to own the assets of FI and TapouT) and other consideration. When Diaz refused to release Kreiner and Caldwell in connection with those negotiations, however, ABG indicated it would simply "go around" Diaz and consummate the sale over his objections as a member of FI.

36. In connection with the Asset Sale, Diaz is informed and believes ABG, as buyer, and Kreiner – on behalf of FI and TapouT – allocated zero value to the assets of FI and thus gifted those assets to ABG. The parties to the Asset Sale allocated no value to those assets although ABG is presently actively marketing and selling millions of dollars worth of merchandise through K-Mart and other retailers.

37. Diaz is informed and believes ABG knowingly facilitated a fraudulent transfer of the assets of FI and TapouT in order to render those entities (and Kreiner and Caldwell) judgment-proof, and that ABG knowingly engaged in that conduct to further its own financial interests to the detriment of Diaz and the other creditors of FI and TapouT. 

this is the meat and potatoes of the lawsuit but honestly it is so much worse everything we found out during discovery was discusting the shit they pulled. 

 

 

http://s1041.photobucket.com/user/hitmandandiaz/media/1230MMA12_t653.jpg.html

really looking forward to seeing what kind of info comes out during discovery...

I have a feeling people may be shocked.

All the best, Dan. Phone Post 3.0

Good luck Dan.

I assume all discovery has been completed given the trial date in July.  

Were you able to document whether our friends at the UFC had an ownership stake in Tapout?

Dan

Can you provide the location and time of the hearing I would like to attend.

gokudamus -
Pedro Navaja - 

Well.. If evidence and testimony shows that Trump was lying to Mueller. Should they just let it slide?

Please explain, I don't understand Trumptard logic.


if evidence and testimony shows improprieties from biden's relationship with burisma should they just let it slide?


Of course... if he committed a crime then he should be investigated.


However, if there is really dirt on Hunter... why not refer this to the DOJ to investigate?   Why have Rudy G and his pals running around Europe operating shadow diplomacy and other nefarious shenanigans?  Why make this a condition on desperately need funding that oddly enough was to support war efforts against Russia?


Another point.... Trump didn't just want Ukraine to investigate Biden... he wanted them to PUBLICLY ANNOUNCE there is an investigation.  So he was pushing for a foreign power to do the DOJ's work and announce a pressured investigation publicly thus affecting the potential front runner of the opposing political party with less than a year before the election.   Hhhmmmm


Poor Hunter.... shame dad didn't just decide to just give him a plum posting in the white house like Trump's kids and Rudy's kid.  Maybe the next Dem president will have to investigate them?  This is a slippery slope


 


 

HITMAN DAN DIAZ -  http://s1041.photobucket.com/user/hitmandandiaz/media/1230MMA12_t653.jpg.html


young skrape

mma ceo - Dan

Can you provide the location and time of the hearing I would like to attend.


DEPT: CJC - C23 Judge Frederick P. Aguirre

 

july 7th is the start date as i get more info i will share it on the time and trial.

 

hopefully after what 4 years some "mma media" will actually show up and do a story on whats going on instead of just cruising the message boards for shit to repost.

Sub Phone Post 3.0

TTT