The Abruzzo's will spare no expense to hide ARCO's detailed financials! Supreme Court, Why?
- Private009 Kearney
- Mar 21, 2022
- 5 min read
In our globalized world all anyone expects or seeks is truth and transparency so they can make informed business, investment, and personal decisions.
This also includes the notion that those who are in the know about past or present circumstances and events will step up and do the right thing if companies or people are falsifying data or the truth. It goes without saying that truth and transparency are elusive, if it implicates those who are or maybe involved in complicit illegal activities including falsifying financial information to the government and / or if it would expose them to negative publicity in the media.
Depending on the judge(s), the caliber of the legal team one engages, or how deep ones pockets are will certainly determine the outcome of ones case either through settlement or a judgement for or against one. Moreover, established legal circles, relationships and political courts in New Mexico can affect a favorable outcome for those with significant wealth and political influence in the state. It is both clear and evident that both Judges presiding over this case have no actual business or entrepreneurial experience and do not want to seek the truth in ascertaining ARCO's sordid financials. Such is the situation in my case vs. the Abruzzo's and ARCO.
The United States justice system doesn't always get it right. In fact, a courts rulings will perhaps further obfuscate the facts and truth through a judge's rulings which encompass a litany of legal motion practice and Motions in limine, including suppressing facts and evidence by omitting, circumventing, bypassing, sidestepping, dodging, hiding, outwitting, and outmaneuvering through legal tactics and rulings.
Weave in the years of the good ole boy NM legal and political landscape and back channel influence that Pat Rogers and the Modrall firm yield and wield in Albuquerque, Santa Fe, or outlier counties where ARCO holdings touch, all it requires is a war chest of money, political capital and ARCO's legal team will discredit, steamroll, intimidate, and bully at all costs to win. This includes destroying anyone's reputation that questions, challenges, or threatens the Abruzzo's integrity, credibility, or their personal bank accounts.
Anyone closely reading my case's legal arguments can ascertain the blatant bias Judge Malott had/has in favor of the Abruzzo's and ARCO. Case in point, Malott disallowing full disclosure of all historical financial information from ARCO in my case, including threatening attendees in court with jail and infringing on the first amendment which the Albuquerque Journal took legal action to reverse Malott's ruling. Malott made a similar decision in an earlier case to rule against full disclosure of all financial records.
In New Mexico some people and businesses love to boast in social circles that they do business with ARCO and the Abruzzo's." Anyone who has done business with powerful corporations understands how they can and will employ gorilla tactics and intimidation to get what they want. Whether it's a small, medium, or large cap, winning that company's business and maintaining a high level of customer satisfaction entails commitment and at times sacrifice. Once the golden handcuffs are on - people, politicians, and businesses, are extremely reluctant to challenge them for fear of losing the business, target retaliation, losing campaign contributions, losing taxation revenue, or donations.
There are a plethora of Wall Street Journal articles, documentaries, and business case studies where corporations have ensured their shareholders were safe, secure and the financials were legitimate, but later it was uncovered the books were cooked which included self-dealing, fraud, or a RICO infraction. It's not rocket science. Corporations do what's best for them and particularly their executives that have self-serving interests at the top. Corporations pour that Kool-Aid. And, if their on their game they smartly manage their public optics. If they don't, revenue, earnings, and the stock price can be negatively effected.
Suzzane Massie, an expert on Russian and religion affairs who aided Ronald Regan during the U.S. and Russia cold war once said "Trust, but verify." How can one verify legitimate financial suspicions to determine the Abruzzo's are up to skullduggery if they refuse to disclose the details of their historical financials. If the Abruzzo's have nothing to hide, then release ARCO's financials statements.
In particular, reference the Rosenstiel case where judge Malott denied access to Decades guardianship financials. If it hadn't been for the Albuquerque Journal's pressure for transparency and a whistle blower within Decades guardianship, the Rosenstiel's would not have been able to prove that there was negligence and fraudulent activity which would have resulted in a ruling against them. Malott's pattern of decisions clearly shows his bias in favoring corporations in lieu of the little guy or shareholder. Malott himself denies he's biased. This begs the question, is he incapable of impartial rational decisions or is it a question of incompetence in accounting matters? Malott's track record clearly shows he is incapable of seeking the truth or making impartial decisions in his court room.
Vendetta, malicious litigation, company control, and greed is the nature and goal of Louis and Benny Abruzzo! Their need of ridding themselves of Kearney gives them voting block-share control over all the other minority shareholders and my trust.
Why are the Abruzzo's so focused on obtaining releases from everyone in the history of ARCO business dealings from Kearney's possible legal actions . Simply bring in an independent valuation and auditing firm to look at Alvarado and its 26 entities for the last 23 years since my wife MaryPat (Louis and Benny's younger sister who entrusted us as co-trustees) to over see what is still today the "living request" of MaryPat Abruzzo-Kearney until my death.
In today's business analytics world this information is at the finger tips of John Chavez. From the beginning the Abruzzo's contended that a valuation appraisal was to expensive to spend on the MPK trust holdings. As such, nine (9) years later, millions of dollars have been spent on lawyers fees and experts to run a hit piece and smear campaign on me to disparage my character, integrity, and reputation.
Our most precious commodity is time which can never be recaptured. Time the Abruzzo's have robbed me from my twelve year old son and ten year old daughter. This includes my parents who are in their senior years. The Abruzzo's continued legal litigiousness in hiding their detailed financials has created this travesty of time. It's no surprise, the only individuals who benefit in both time and money are the lawyers.
The Abruzzo's blatantly and knowingly chose NOT to do the right thing because of their greed and avarice in settling my trust inheritance at its true and real valuation and by continuing to pay my ARCO dividend(s) at its unreal and untrue valuation.
During my time as trustee I have accumulated significant knowledge of ARCO's business operations over the past 9 years. On the whole, I have very legitimate concerns and reason to believe ARCO's executive management is under valuing the company as does another ARCO shareholder that has a strong business acumen with deep historical knowledge of the company. Our mutual belief, evaluation, and assessment of ARCO's business operations and reporting is based on our in-depth review of ARCO's historical financials.
Again, if the Abruzzo's have nothing to hide, then disclose all the detailed financials to the District, Federal Bankruptcy and the 10th circuit court, IRS, shareholders, and public.
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