To: Binder who wrote (2163 ) 7/9/1998 4:25:00 PM From: Almost Blue Respond to of 7039
We could go on for days like this. Maybe nether is fully seeing the others point. Maybe I should not have used the word competent. I did not mean like they may be stupid incompetent. I meant they may not have used reasonable care in their due diligence. I can only relate it to my business. If I, as a broker, miss something in my due diligence, and get sued, the court will look at other brokers with the same level of experience and examine if they would have done something different which would have uncovered the problem. In other words, is it reasonable that someone in the position that the board was in, would find the problem? You are right, it is not illegal to be stupid, but you can not put yourself in a position to make these kind of decisions and not have the capacity to protect the people that have intrusted you with the money. Like I said before, the board has a certain amount of fiduciary duty to the shareholders. If I did a deal and I made a mistake, mind you, just a mistake, like the kind you dont mean to, but it happened and then I claimed that I was stupid (please leave that one alone), the court would hammer me. When you are dealing with others money you do not make mistakes. Regarding us as shareholders accepting fault and the lack of this being Gary's fault, have you read my posts? I have said a number of times that I take most of the blame for this and that Gary probably did all he could with the information he was given. He was not in every meeting and did not see every piece of paper. Again, it would be way too easy to blame another for this. It was my money, I made it and I lost it. Although that does not mean I am happy about it. I don't think I said I was going to sue them. (see my other posts) I know where that would go and I don't have the time. And I know about the prevailing party thing. Well this has been fun Binder, I am just glad you are taking it easy on me. I have read your posts to some others on this thread and I just want to say thank you for not hurting me. DW