To: zonkie who wrote (3214 ) 5/1/1999 9:23:00 PM From: Jeffrey S. Mitchell Respond to of 4128
Zonkie, re Kellner lying about the Astrodome ad, going back to the videotape so to speak we hear: "We got a super deal from them on that that Danny Ferrito (sp?) got because of his alliances in the sports community" (see #reply-9153096). Not sure of Ferrito's actual title, but he's the guy who gets all those sports collectibles for ABFG to sell at their mall. He's also a constant guest on the webcasts. I talked to the same guy Kowboy talked to at the Astrodome. He keeps a log of all his calls and said at the time I called that Kowboy had called "six times" up to that point. Obviously Kowboy was quite nervous about something. The contact also told Kowboy the same thing he told me: 1) ABFG had no contract, 2) the only person from ABFG that the contact had talked to was Kellner, 3) I believe he said he and Kellner only talked once, but I'm sure he said they had only talked that week, which was well after the banner was supposed to have been in right field, 4) a right field banner costs $180,000 a year and was already taken, so it was impossible for ABFG to have even asked for it, and 5) no one in his office had ever discussed an ad deal with ABFG, let alone promised an ad spot in a place that was already occupied! From this is it clear that Kowboy knew the situation and not only failed to inform his "fellow investors", but he also lied about what he did know. If we believe Kowboy that Kellner was "misinformed" by Danny Ferrito -- and it should have been obvious when the ad never materialized on the 17th -- then he had a fiduciary responsibility to inform shareholders that he had spoken an untruth. Consider this: before you have a banner ad out in right field you first have to have a banner. You'd think Kellner might have asked at least once before the webcast "Hey, like how come I've never seen the banner? What does it say?" Based on the above facts , it's clear in my opinion that there was no misunderstanding-- that ABFG told a lie. At a minimum, if we take Kowboy's word for it that Kellner was lied to by Ferrito, Ferrito should be fired. However, considering even after the ad never ran and it was plainly obvious to Kellner he had been lied to, he never informed shareholders of a material untruth and thus should be fired as well for severe incompetence. Unless of course the whole company knew and planned this... which, considering the White House speech that was really a tour, the properties in Madagascar ABFG say they own but really don't, etc., would not be too far fetched in thinking... then, well, I'll let Kowboy figure that one out (g). - Jeff