Silence is Betrayal Federal Judges, Lawyers, Experts and People's.
- Private009 Kearney
- Mar 21, 2022
- 8 min read
Updated: Apr 10, 2022
I've posted several documents below to debunk the following accusations by Judge Malott in district court.
1) Victor Kearney never provided proof of his medical issue the day Malott made his direct verdict.
Fact: NOT TRUE
2) Mr. Kearney has never worked or generated income except from MPK trust B & C.
Fact: NOT TRUE
I have been an entrepreneur starting at the early age of 21 and have had two successful material acquisition exits of out of several companies I started de novo. But, the defendants and judges would have you believe otherwise on the basis of a character assassination hit piece and intentionally ignoring my personal and entrepreneurial accomplishments. The Abruzzo's, the Albuquerque Journal, and the court have unfairly painted a picture of me to misdirect the court and the public about ARCO's financial scheming and shenanigans and their own sordid family affairs (i.e. their repugnant insidious behavior(s)). They spent $100K to have that character assassination hit piece on me to want to paint you a different picture.
Who among them (Louis, Benny, Judges, defendant attorneys) has ever founded or co-founded a bootstrap startup de novo company and reached a successful exit.
It's easy to quarterback and sling mud from side lines but scaling a grassroots startup requires your everything and your own capital just to reach a 3 year inflection point and then attain the following 5 year goals to achieve a break even positive cash flow and profitability while maintaining little to no debt minimizing outside debenture investment.
I can assure you Louis and Benny Abruzzo have never conceived and started a company. They inherited ARCO (tragically) and have been under a blanket of security from their estate and tax attorneys and their CPA firm(s) that protect the estate and company. Again, the point being, they (Louis and Benny) did not found or build ARCO from the ground up. Louis and Benny were in their late 20's working for Ben Sr. learning the nuances of ARCO's businesses.
Alvarado (ARCO) Realty Company History True History!
Date Incorporated 07/12/1919 Alvarado Realty Company ("ARCO") was incorporated in the State of New Mexico on July 12, 1919 as Ilfeld Realty Company. meld Realty Company was formed to buy and sell land of any kind in the State of New Mexico; to act as an agent or broker and collect commissions on real estate transactions; to manage, control and cultivate the farmlands and real estate owned; to improve its real estate by constructing houses and other buildings; and to buy and sell real estate mortgages and other securities. In the early 1950's, the directors of the Charles Ilfeld Company, affiliated with meld. Realty, decided to expand their wholesale grocery operation by controlling retail outlets. At the time, Charles Ilfeld Company was the dominant wholesale mercantile company in central and western New Mexico. Barber's Food Stores, a small supermarket operation, was acquired by Charles Ilfeld Company to facilitate the company's move into the retail end of the business. At approximately this time, the name of llfcld Realty Company was changed 10 Alvarado Realty Company. This was done so that Charles Ilfeld's other retail grocery customers would be unaware of the company's affiliation with Barber's Food Stores. Over the next twenty or more years, ARCO built a number of small shopping centers with Barber's as the main tenant. These included: Fair Plaza, La Mesa, Parkland Hills, Mesa Shopping Center, Hilltop Plaza, and Town Plaza. Robert Nordhaus, whose father was involved in the original company, ran ARCO during this period. However, Mr. Nordhaus' activities were only on a part-time basis. At that time, Mr. Nordhaus was the sole owner of the La Madera ski area, and a successful practicing attorney in Albuquerque. In February of 1959, Ben Abruzzo eamc to work for ARCO. Mr. Nordhaus had hired Mr. Abruzzo in 1955 at the Sandia Peak Ski Area (then known as La Madera). The Sandia Peak Ski Area is owned within an affiliated entity, Sandia Peak Ski Company ("SKI"). At ARCO, Mr. Abruzzo was responsible for most of the shopping center development and operations. He was involved in the planning and development of the Hilltop Shopping Center in Clovis, New Mexico; Fair Plaza in Albuquerque, New Mexico; and Town Plaza in Durango, Colorado. Between 1962 and 1966, much of Mr. Abruzzo's and Mr. Nordhaus' energies were directed toward the development of the Sandia Peak Tramway (the "Tram");. In developing the Tram, 40 acres of land the base of the Sandia Peak Mountain were acquired by Sandia Peak Tram Company ("TRAM"), also an affiliate of ARCO, to house the lower tram terminal, parking and other buildings. Because the base of the Tram encompassed only a few acres, the remaining acreage was subdivided into 40 residential lots Sandia Heights joint venture.
So how has ARCO 2nd generation executives paid back its investors ... by undervaluing the stock and squeezing the shareholders in undervalued buy back transaction share prices through the guise of corporate reorganization and saying its best for the shareholders. But, in truth its about majority block share control and long term greed if and when the Abruzzo's determine to sell the company. And yet, Judge Malott refuses to investigate real suspicions of ARCO gaming the system, the IRS, and their shareholders. I'm not the only shareholder that has real concerns of financial engineering regarding their books.
The families can't even get along with each other. They each hold power of attorneys (POA's) leverage over each other to keep them from swindling each other ... a protection clause if you will, and that is smart because their true nature would compel them to do just that ... betray each other. Snakes committing suicide.
It happens every day within family businesses and is spoken tongue and cheek in the circles they keep - investors, professional firms, and friends. They can't help themselves. Busybodies kibitzing.
When you Appeal your case to the Tenth Circuit Court/BAP and the opinion comes back its an alternate reality check. Below is a correction of facts in pink high light and supporting documentation on next page. Judges Romero, Somers, Parker Bankruptcy Judges
1) Facts Ben Abruzzo and Pat Abruzzo didn't develop a ski complex and tramway in the Sandia mountains in New Mexico under the Alvarado Realty company. See attached history
2) My deceased wife's name is Marypat Kearney (NOT MARY) as you casually use
Malott amended original confidentiality so plaintiff Victor Kearney could seek at outside advice.
John Chavez 4th Affidavit brings forward the opportunity for Kearney to find value for the MPK trust shares #8 If plaintiff wants to "test the Market" plaintiff needs to as to what may be in issue i.e. the ARCO stock owned by the Trusts not the assets owned by ARCO.
Debtor has significant Credibility issues. How does someone with credibility issues put together the offer to purchase ARCO with a guy that's done 30 Billion in transactions!
Debtor battled with the Abruzzo's and the unsecured creditors committee. (See Documents below)
1) I don't know why Brenda Johnson didn't come forward with all the work product produced in prior litigation as seen in documents below. (head of UCC) Voted for UCC plan
ARCO Buys Shares Back at Book Value Bylaws (Amy Sirigano sticky note)
Kevin Yearout's motivation's during Bankruptcy are questionable.
I want to explain the history of Kevin Yearout and myself. We have been involved in business ventures, playing golf on and off since 1989. Another thing to consider is that Kevin's wife Lian didn't like me from the day we met.
Kevin knows ARCO stock is being suppressed and doesn't want to engage with Abruzzo's why? Stacy Abruzzo and her unhinged behavior.
The idea to purchase ARCO was mine January 2016. I proposed it to Kevin at his office. The deal was 60% Kevin and 40% Victor because Kevin is established in Albuquerque and has office with infrastructure to manage all of ARCO's operations. The John Chavez's 4th affidavit allowed me to go find value for MPK trust stock and the documents that Kevin legal team told Kevin they are unprotected because of use in public trial. Which was true because anyone could go down to the District court house and have copies made of documents From the public trial 7/2015. Kevin worked closely with me through out this process I had a team in mind that included Kevin and I, John Ransom Real Estate, Macario CIO and maintain as much of the current ARCO & SKI/Tram staff that wanted to stay.
Kevin at weck's breakfast tells me he doesn't need me any longer as a partner in ARCO purchase late summer time and I should be happy because his offer to buy ARCO will prove the suppression of ARCO value which helps me. This was a hard pill to swallow but at the time I had no money to pursue purchase of ARCO myself so I continued to help Kevin as it was my only option.
During a meeting at weck's mid summer 2016 Kevin tells me he received a call from Bob Murphy at the New Mexico Economic Forum. Kevin thinks he's calling about asking him to join the board of New Mexico Economic Forum. This gives Kevin a great opportunity to get information about ARCO because Bob has no idea that Kevin is putting offer together to buy ARCO. At this meeting Kevin asked Bob a few questions about ARCO?
1) Why did you leave in 2007? Bob answered because ARCO was no longer pursuing large residential land development and there wasn't any need for him to stay. Bob had also explained that a large 6,700 acre track on west side that ARCO was trying to buy had fallen through.
2) What do you think ARCO was worth when you left in 2007? Bob answered between $200,000,000 and $220,000,000 million this was all Kevin needed to hear. Kevin told me at the next breakfast meeting at Weck's I was stunned!
When Kevin Yearout came forward with his offer to purchase ARCO the attacks started at his credibility in the Albuquerque community.
a) Stacy Abruzzo called Hope Christian School parents telling them that unpleasant stories about Kevin Yearout were going to be coming out. Kevin Yearout has been the boys basketball coach there for many years.
I advised Kevin to send a cease and desist letter to Alvarado Realty attention Louis Abruzzo to stop Stacy from continued harassment/stalking. Kevin told me he had sent the letter to ARCO.
b) Kevin Yearout is involved with NAIOP in Albuquerque after a meeting at the pyramid hotel Stacy Abruzzo followed Kevin to his car. While sitting in his car Stacy Abruzzo yelled obscenity's at him because of his interest in buying ARCO.
You can also ask Kimberly Brawley Federal prosecutor if she received an email from Amy Sirignano about Stacy Abruzzo aggressively approaching Amy Sirignano, Larry Kearney, Victor Kearney outside the courtroom after arraignment proceeding.
So breakfast at weck's late October early November 2016. I ask Kevin are you going to keep on pursuing the ARCO purchase? His response is I'm not sure i can get it done and I'm not comfortable with the character assassination from Abruzzo family. I asked again are you done Kevin responded yea I'm done.
I then told Kevin I've been working on an offer to purchase ARCO with a Gentleman from Santa Fe and we are at $94 million or $ 110,000.00 per share with letters for financing to go with it, Kevin response was Victor that doesn't surprise me!
Please ask Kevin or his attorney outside the Bankruptcy hearing with Alice page.
Attorney Asked Kevin why would you do business with Victor/ a guy like him and Kevin told him because victor has a heart of gold, Told to me by Kevin at weck's breakfast few days after that hearing also said that was brutal to watch and felt bad I had to go through it.
Kearney to Yearout, Yearout to Emery, Emery to the World
What do you think ARCO was worth when you left in 2007? Bob answered between $200,000,000 and $220,000,000 million this was all Kevin needed to hear. Kevin told me at the next breakfast meeting at Weck's I was stunned!
What I find interesting is the gross revenue 2007 was 38,000,000.00 and in 2019 gross revenue 43,000,000.00 so what do you think ARCO is worth.
Kevin knows the the value of Kearney's Intellectual Property per his testimony in district court.
2) I don't know why Nick Tarlson changed his position towards my situation based on all the work product he produced as seen in documents below. (On UCC) Voted for UCC plan.
The friend that recommended Nick Tarlson as my forensic accountant informed me after the 2015 trial that Nick Tarlson had gotten in a car accident March 17 2015 drunk and on pills. He apparently crashed into a parked car in downtown San Francisco. If this story has wrong date or isn't true I'll remove any facts that were shared with me.
I'm wondering if Pat Rogers with his know hiring of private investigator's is behind the change of heart my expert suddenly had over $80,000.00 outstanding bill. When Nick Tarlson prepared a $15,000,000.00 damages report and a never seen due to motions in limine valuation of Alvarado Realty over 200,000,000.00 in my original trial 7/6/2015
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