Part 7: 07/15/2008 Doc 339
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C. Altomare Current Business Activities.
The SEC’s reference to a new business enterprise attempted to be started (emphasis on “attempted to be started”) involving Encore Holdings also does not help the Court and certainly does not contradict Altomare’s often repeated and currently emphatically articulated representations, and the documentation of complete inability to pay now any more than what has been paid.
Encore Holdings is a business that Altomare possesses a fundamental and constitutional right to initiate and pursue. It is currently beyond the purview of the SEC and any other federal governmental agency other than, perhaps, the Internal Revenue Service. It is no more than what he described it to be: “…a business which I (am) trying to get started.” (SEC submission at 5). The leasing of space in New York (Depo. Ex. 42) is, with all due respect, meaningless. It is a lease of a virtual office, meaning telephone calls are answered and messages forwarded or available to be retrieved and mail is accepted for delivery. No other office space is leased. (Depo Ex. 42).
If Altomare did not disclose this early attempt at a new beginning, it is because no one asked. Even the SEC’s Statement of Financial Condition, (DX-49) does not call for detailed descriptions. In section I.A.9 and 10 it merely asks for the value of either partnership interests or ownership interests in business. In section I.B. only assets or forms of ownership having a market value of greater than $1,000.00 need be articulated. Nowhere else on the form is information of a new beginning having no value, no income, required to be reported. There is simply nothing to report.
D. Altomare’s Travels.
In further demonstration of Altomare’s compliance and cooperation in full discovery and disclosure to the SEC, a copy of his passport was voluntarily produced immediately following the deposition. See ¶21, ante and DX-46. The passport confirms a 1 day trip to Turks and Caicos was made in 2002, six years ago. It also confirms that Altomare was never in Switzerland. Tickets that were purchased for travel to Switzerland in 2007 (SEC submission at 5D), were not used. A wire transfer to Coutts Bank Switzerland Ltd. in 2003 for $50,000.00 involves a five year old transaction the records for which have been in the exclusive possession of the SEC and the Receiver for 10 months. Altomare not recalling details relating to the transaction is meaningless compared to the SEC’s exclusive access to the records and its obviously intentional decision not to address the subject in a written interrogatory which would have allowed Altomare 30 days time at a minimum to investigate. Besides, the records speak for themselves and Altomare has repeatedly denied any bank account other than those exhaustively addressed and whose records have been produced previously. It is an unfair assertion to make given the foregoing circumstances.
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07/15/2008 339 RESPONSE in Opposition re: 191 MOTION for Sanctions and Entry of Contempt against Universal Express, Altomare and Gunderson. Response to Plaintiff's Second Submission on Issue of Contempt and Second Motion for Relief from Contempt. Document filed by Richard A. Altomare. (Tifford, Arthur) (Entered: 07/15/2008) |
