Aug 12, 2022

Corruption, Abuse of Power, and More Fake News and Defamation from a Government Agency

 In 2019, my wife and I were arrested in front of our four children, without a warrant, on 23 fabricated, trumped-up felony charges, that were all dismissed as being without any probable cause.

The Court examined all of the evidence against us, and ruled that we had committed no crime whatsoever.  

The judge actually reprimanded the prosecutor for bringing such a "ridiculous" case to her courtroom, and she further stated that this was the "worst" offence by a government agency she'd seen "in all [her] years as a judge", as she put it.

There was no probable cause of our arrest, and we were properly released.

During my time in jail, I asked the officers why they had arrested us.  

"Who had we ever wronged?" I asked.

"You should have settled with [defendant]" the officer told me.  

The reality is that we had settled with the defendant, but had to sue them again for their not abiding by the terms of our settlement agreement.

The alleged "victims" cited by the officers of the law were none other than defendants in several civil lawsuits.  

In each of these lawsuits, we were the Plaintiffs, suing these people for bad conduct and damages they had caused us.  

Not the other way around.

But our adversaries were not having much success with defending our claims against them in the civil courts. 

So they appealed to several law enforcement agencies, including the Mesa and Chandler police as well as the Attorney General.  They even tried to get my Real Estate Brokers license revoked by filing a complaint against my license.  

But each of these government agencies correctly concluded and told our adversaries that the matter was/is a civil matter, to be dealt with in the civil courts.

But then, one agency known as the Department of Public Safety ("DPS) with personal ties to one of the defendants we were suing was willing to seek to turn our civil dispute into a criminal case against my wife and me.

Six weeks after the wrongful arrest my wife and I endured, and after the Court found and ruled that there was no probable cause for any of the alleged crimes we were accused of by the prosecutor and the DPS, the DPS decided to "get back" at us by writing several completely untrue statements about my wife and me on their government press-release website. 

While it's true that we were wrongfully arrested for the charges DPS accused us of, they fail to accurately report that there was no warrant for the arrest, and that all of the charges were thrown out by the Court (see below):

In spite of what has been inaccurately reported by our adversaries and DPS - and by extension the press and other media outlets that picked up on the inaccurate story - we are honest and we do what we agreed to do in each of our contracts with which we are bound by. 

There is absolutely no legitimate finding of fact, or any basis of truth whatsoever for any of the things this corrupt DPS has accused us of. 

The Arizona DPS is an agency with a very long list of internal corruption and internal arrests due to officer misconduct. 

In fact, during the time of our wrongful arrest, the DPS website reported more internal arrests against its own corrupt agents than they even had against any external/public wrongdoers, suggesting a very serious and systemic corruption within the DPS.

(A small sampling of the DPS's long list of corruption and criminal acts are here - just 5 examples 12, 3, 4, 5.)

Although Colonel Frank Milstead of DPS has stated that “Every employee with the Department is held to the highest standards and levels of public trust. This department will not accept any employee’s breach of that trust and will take swift action to ensure those employees are dealt with appropriately,” that doesn't appear to be the case with the DPS agent assigned to investigate our case who has lied several times under oath and has sought to destroy our reputation by posting the knowingly false statements about us online.

Although we may rub people the wrong way with our personalities or the conservative and religious views we hold to, or the fact that we occasionally have to sue bad businesses for their misconduct or breaches against us, we have always sought to be honest and fair in all of our dealings with our fellowmen. 

We hope and pray that in time DPS will do what their own attorney advised them to do: take down the knowingly-inaccurate post.  

We also hope for relief from the Courts as the wrongs we've suffered by having our reputation damaged by the lies spewed by an overzealous DPS officer has been emotionally and financially devastating to our family.

Jan 10, 2019

Advise to an Introverted Entrepreneur Struggling with the Fear of Leading People

Advise given to a young entrepreneur named Jamal, who reached out to me yesterday, seeking advise from me struggling with recruiting and leading a team due to fear and feelings of being an introvert and not qualified.

Happy to help!
Have you taken the Meyer Briggs test by chance? I'm sometimes an ENTJ (extrovert) and other times I've taken it, an INTJ (introvert). So in a sense, I know how you feel...sometimes.
I would suggest 3 things:
1) join another nonprofit (other than the one you're trying to build currently) and volunteer to lead a committee - this will force you out of your comfort zone.
2) Spend 15-30 mins per day, first thing in the morning, visualizing the process of enthusiastically enjoying interacting with, and leading and recruiting people. Do this for 30-45 days (or however long it takes) consistently, and you should have no inner struggles.
3) In your heart, be willing to do EVERY job required in your company, but seek to hire skilled professionals to do the activities you either hate the most, or that you're not good at.
Hope this helps!

Apr 7, 2016

6 Common Mistakes Business Owners Make When Trying to Sell Their Companies

You want to sell your company.  You're ready to retire, or move on to the next venture.  How do you prepare your company for sale?  Six common mistakes business owners make when trying to sell their companies are: 
1. Not Knowing Your Industry's Standards - You don't want to find out after you've decided to sell that your company's working capital ratios, customer diversity, or average aging accounts receivables, are below industry standards.  Better to know your the typical ratios and discover your weaknesses in advance, so you can reverse these into neutrals or strengths.
2. Holding Your Company's Assets in Less-Effective Legal Structures - I've met many owners who've made the mistake of holding their real estate in and through their Corporation.  Others have made the mistake of owning their business in and through a C-corp when an S-corp (or visa-versa) would have served them better from either a tax-strategy standpoint, or in courting the ideal buyer upon exiting.  
3. Improper Accounting Practices (Small & Easy Fixes) - Improper accounting practices are the number-one deal-killer.  A common and sometimes minor issue is improperly accounting for certain expenses.  For example, giving customers rebates upon delivery and then mistakenly accounting for the difference between the original sales price and the actual deliver price as a bad-debt write off.  Doing so would make any novice buyer mistakenly assume the company has too much bad debt as a percentage of sales.  
4. Improper Accounting Practices (Big & Nasty Problems) -   Some accounting practices like those above are easy to fix.  Others are deal-killers for almost any buyer.  For example, it was recently discovered during due diligence that one of the businesses we had an offer on had unreported income to the I.R.S. of close to $2,000,000 per year for the past several years.  Unlike tax avoidance using the maximum deductions allowable, some owners practice tax evasion by not reporting the income they've earned.  The former if prudently applied will make you wealthy.  The latter will almost certainly cost you more than you ever thought you saved and will likely put you in jail.   
5. Unreported Off-Balance-Sheet Liabilities - Not all liabilities or potential liabilities show up on the balance sheet.  For example, as a buyer I've found during due diligence that some companies have over-billed on government contracts.  In another case a seller was liable for damages connected to a breached contract that occurred some time ago, but hadn't yet converted to formal litigation.  In this case the statute of limitations for the breach of contract is 6 years, and so the off-balance sheet risk is a liability that must be factored in until the 6 years has run its course.
6. Waiting for Mr. Right - The perfect buyer or the perfect price and terms, are like the perfect spouse: they're a myth.  One owner I know has been wanting to sell and retire for many years, but is still "married" to a price offered to him  years ago, from a prospective buyer who has long-since lost interest and recently passed away.  Since then, the business continues to deteriorate in value because the owner isn't emotionally committed.  He wants to sell but is unwilling to settle for a fair price based upon today's valuation.  When your heart is not in your business, time is your enemy.  Waiting for the perfect buyer, or waiting for a better offer when you have a fair and reasonable offer on the table, is a mistake that has cost many businesses their entire nest egg.