From someone who knows what this company is all about !
By: Sikuku
Reply To: None Sunday, 28 May 2000 at 2:10 PM EDT
Post # of 37265
During March and April I posted a number of messages which discussed NVXE's
unresolved legal dispute with Mr. Jack Robinson and Astounding.com. During that time, I
referred interested readers to Astounding's web page, suggesting that anyone who really
wanted to understand what is at stake in this matter should review the particulars posted
there for themselves. Today, in spite of the repeated denials by Mr. Willenberg,
Whitehorn and the Lily Beter organization, that Astounding has any cause to pursue legal
remedies to enforce its contract with NVXE, the full text of the lawsuit filed by Mr.
Robinson and Astounding can be read in its entirety simply by accessing
www.astounding.com. To those who continue to insist that (1) the matter has been
resolved without litigation, (2) Astounding has no ligitimate claim, (3) Astounding's claims
are irrelevant, (4) Mr. Robinson's claims have been rendered mute by Lily Beter's most
recent filings, or (5) NVXE is the Plaintiff in the case because it filed a lawsuit first, I
suggest you read the summons and complaint with particular attention to the provisions
which deal with the nature of NVXE's prior lawsuit.
The lawsuit filed by Lily Beter/NVXE in Austin, Texas, in April, asks the Texas Court to
rescind and nullify the letter of intent entered into between NVXE and Astounding. The
lawsuit was filed but never served on Mr. Robinson - it was, as I predicted, a sham
intended to demonstrate NVXE's privileged right to strike first and put the matter on hold
by compelling Mr. Robinson to forestall further action while waiting to be served with the
complaint. When it became obvious that NVXE's management had no intention of
serving process or prosecuting the lawsuit, Mr. Robinson contracted with his own
attorneys to go to the court in Austin and retrieve a copy of the suit for himself.
The suit filed by Astounding seeks damages arising from the breach of a formal contract
agreement between NVXE and Astounding. It points to the October 5, 1999, news
release prepared and circulated by Mr. Willenberg, which states clearly and unequivocally
that Mr. Robinson and his associates paid $1 million into NVXE, as substantial
performance under the agreement. The formal contract between NVXE and Astounding
replaced and therefore nullified the prior memorandum agreement, which is the subject of
NVXE's specious claims. The fact that no one in management at NVXE, Whitehorn or
Lily Beter has made a formal disclosure to any of the NVXE shareholders regarding the
filing of the suit by Astounding or Mr. Robninson's clearly demonstrated intent to
vigorously prosecute adjudication of his claims, should be a matter of serious concern for
NVXE's shareholders. The failure to immediately disclose the particulars related to this
matter constitute a serious breach of Lily Beater's fiduciary obligation and violates the
standing rules which govern the conduct of both NVXE and Whitehorn with regard to their
obligation to make such dislosures.
The predictions I made in April, which anticipated the filing of the Astounding lawsuit
against NVXE, the railroad job acquisition of Intelecon by NVXE at the insistence of Jon
Maxmin and Lily Beter Group, the SEC investigation of Whitehorn's failure to disclose
material issues of fact related to NVXE's shareholder dealings and the claims of the New
Wheel Technology Group, the imposition of $40 million of junk bond debt financing on the
Company, the impending likelihood of a 4:1 reverse merger by management to recover
control of a greater number of treasury shares, and the appropriation of unissued shares
to friends and associates of Mr. Willenberg in order to maintain voting control in a small,
carefully controlled group of insiders, have now largely been fulfilled.
It will be more than interesting to discover the impact, if any, of disclosure of these
matters on the conduct of the shareholder's meeting in Dallas. It is now a fact, I believe,
that Mr. Willenberg, Jon Maxmin/ Lily Beter, Joe Passalaqua and his controlled
companies, and Intelecon together vote absolute control of NVXE's stock. How this has
come to be has never been fully disclosed in any of the press releases, SEC filings or
postings associated with this or any other message board. I suggest you govern
yourselves accordingly.
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