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Open Letter to the shareholders of Rolltronics,
Voltaflex and Seertech, and other interested
parties
Hello.
My name is Michael Sauvante, and I am writing this letter, and
assembling this website, in an attempt to set the record
straight regarding accusations that have
been made against me, my wife, and my colleagues. I have received legal
advice advising me not to write such a letter. But
poor legal advice has helped get us to this point, primarily
with respect to filing for bankruptcy (we didn't need to) so I
am going to ignore it and hope for the best. Thank you for
taking the time to look further into this matter.
I am writing this however, not
just to try and clear my name, but also to try and provide some
peace of mind to the many investors who shared our dreams and
trusted us with their money to make those dreams come true.
Sadly, our attempts failed, and for that I am deeply
sorry.
But now those investors are
being told that the failure was because of fraud and lies. I
feel that this is adding insult to their financial injury. To
those investors, many of whom are close friends and family, let
me say unequivocally that there was no fraud here.
Every single penny of investor money is accounted for in the
books.
I know that some very respectable people, including a
bankruptcy judge and trustee, have stated they believe that I committed fraud and that our efforts were
nothing but scams. Sadly, these conclusions are based solely
upon the vigorous assertions of certain
un-named parties, who backed them up with the flimsiest of
evidence, primarily an inaccurate flow chart supposed to depict
the companies we put together to create Seertech Corporation
(the correct one is posted here).
What they conveniently never said to the trustee is that we had
to take many of those steps in order to satisfy the
requirements of a buy-out agreement we had with those
folks.
After the
fact, I was told by legal counsel that some of steps we took
had many of the earmarks found in genuine fraud and "shell
games", and thus the preliminary conclusions of the judge and
trustee, when shown that surface sets of facts, were not
unreasonable.
However, these respectable professionals
apparently did not have the time or interest to look into the
companies any further, even though we provided them with ample
evidence (over nine boxes of corporate records) to prove that
we had conducted legitimate business in a completely legal
way.
Friends, fraud will be found in the books
of a company. Enron, with the most creative accountants in the
world, could not hide the fraud in their books.
It is helpful to note that this was a
bankruptcy court and not a civil court. The judge and trustee
were only concerned with trying to recover
assets for the creditors, and not judge those claims based on
the facts, as a civil court would be required to do. Thus they
were allowed to be sloppy and unprofessional with
impunity.
At one point, desperate to try and get
some fairness in the picture, I went to the North Carolina
State Bar to complain about the trustee's actions in this case.
I only succeeded in getting him and the judge to slap me down
all the harder.
They said that such an action on my part
only confirmed what a bad guy I was. The judge ordered me to
stop communicating with the State Bar, to withdraw my complaint
and tell them I was no longer pursuing the matter.
In the end, the whole thing seemed like a
case of “don't give me the facts, I've made up my
mind.” The trustee admits that he never looked at
our books in depth. The judge relied upon the trustee. The
trustee relied upon those un-named parties.
The court essentially based its very
damaging opinion on hearsay and first
impressions! Consequently, their conclusions are not as
authoritative as their job-titles would lead you to believe.
Preliminary conclusions, no matter how reasonable, can be
wrong. In this case they are 100% wrong.
By the way, at the end of the bankruptcy,
against our wishes and against the California corporate
statutes, the bankruptcy judge gave the entire set of our
corporate records to that group of accusers, who have been in
possession of those records for more than a year now.
If anyone had a motivation to find
discrepancies in our books, it is that group. Yet, since they
received them, there has been absolute silence from them on the
content of the books and records. Given their past behavior, if
there was even a hint of impropriety in them, it is virtually
certain that we all would have heard about it by
now.
We still possess copies of most of the
records and would be happy to let anyone examine what we have
left. I understand though, that
unless you are a financial professional, the books alone might
not give you a full picture of what happened and how the money
was spent.
For that
reason, I have created a comprehensive timeline of events to
give context to our activities, and to provide you with ample
proof that we pursued legitimate business, efforts that
unfortunately didn't succeed in the end. Our history entails
many, many pages of information. In the interest of brevity, it
is not posted here, but is available to anyone requesting
it.
For those who might wonder, the history is
definitely not meant to slander or disparage anyone else. We
have obliterated all other names in the documents that we can
show, enabling us to provide the evidence needed for full
disclosure, without attempting to do harm to those individuals,
unlike what has been done to us.
We simply want to show the steps we took
to try and make the companies take flight. I believe we were
very, very close to making it a success. In the history, we do
speculate as to the real reason behind why things failed.
However, if you wish to look at that material, we would ask you
to make up your own mind about that.
Finally, I would like to address the
multiple companies that were formed, and our reasons for
creating them. At all times, I was motivated by the desire to
stretch and protect the investment money. Any changes in
company focus/form were not in an attempt to shuffle money and
abandon previous investors. Quite the opposite!
When it became clear that the ideas and
technology that folks originally invested in were no longer
viable (in particular for investors in Rolltronics and
VoltaFlex), new efforts were made with the goal of "making
good" on those previous investments (which sometimes included
creating legal vehicles to house them), and old investors were
outright "given" equivalent stock in the new companies, at no
additional cost, something for which we had no legal
obligation, but followed our own sense of moral obligation.
Rather than trying to abandon previous investors by starting
new companies, we tried to bring everybody along in a bigger
boat.
I hope
some interested people will look into the material we can make
available. We have attempted to put together the facts, not
just the positive facts, but all the facts, so they can
decide for themselves. I hope both the facts provided here
and available upon request will help to clear my name, the good
name of my colleagues, and bring some peace of mind to the
wonderful people who trusted us with their investments. Thank
you again.
Sincerely,
Michael
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