To: Curtains who wrote (14536 ) 10/3/1998 10:25:00 AM From: Terry T. Read Replies (1) | Respond to of 18444
We have good reason to be concerned, and to question everything about this company. My biggest concerns remain as follows: 1. Is Wired story correct, referring to lawsuit by ex-SIM Colvin, that Hayton diverted sums of Zulumedia money into his other business interests? Per Wired, Colvin's lawsit makes this allegation, but I have not been able to catch up with him, and his attorney in NYC won't give me his phone number or discuss facts with me. I would like to find out what they know, because if true, why has someone not followed up, or even the SEC followed up? The lack of follow through on something so outrageous makes one wonder whether report is inaccurate. 2. What did ZULU get for issuing $12mm preferred D on 3/4/98,which was used by NetVest in the NetVest/ESVS stock swap on 3/6/98 to get 1mm preferred in ESVS worth 5.55 mm shares of ESVS common? Was this a sham transaction (enriching Hayton with a controlling interest in ESVS at the expense of Zulu) or was real value paid into ZULU at that time? Was other debt cancelled or rolled into this stock issuance? Should be easy question to answer, but I can't get details from company. Hm............. 3. No one can tell me who Keith Montgomery is, or how to reach him. Sec. of State lists him as Pres. of Zulu, and he signed 9/8/98 reorganization plan, but a receptionist at ZULU had never heard of him. While there are many new and different employees, would not the president of the company be on a receptionist's telephone list? Paul Messina told me he (Montgomery) is not officer or director of Zulu. I even tracked a person with that name down in LA and left a message to call in August, but that number has since been disconnected. 4. Zulu was administratively dissolved 7/98, for failure to file annual report. This is really a minor, administrative matter, although highly embarrassing for any active company. I tried for almost 3 weeks in August (with multiple phone calls to LA) to get reinstatement petition filed, or verify it was being filed. It was, finally, by end of August, but the filing listed Montgomery and Messina as directors, and Montgomery, Walker and Messina as officers. Messina told me, flat out, shortly after this 8/25 filing that it was in error, that he (Messina) was neither an officer nor a direct, that Neil Miller was only director, and that Mincheff and Bob Smith were the officers of Zulu-tek. Now, we see Montgomery's name crop up again, this time on 9/8 reorganization plan. So what in the hell is going on? Is Montgomery a real person, or is someone using a fictitious person and name to "serve" as Zulu's top officer? 5. If Utah filing was wrong, and Messina is aware of fact he is improperly listed as officer and director, and the entire list of officers and directors is WRONG, why hasn't it been corrected or amended in last month? I called Utah on 10/1, and no one has bothered to file a correction to 8/25 annual report. The 8/25/98 filing was under oath. I have requested a copy from Utah to see who signed (the allegedly inaccurate information) on behalf of the company . All of this information is provided here for "whomever" can help me, or wishes more detail.