X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Mon, 16 Dec 2013 16:41:07 -0500 Message-ID: X-Original-Return-Path: Received: from col0-omc3-s10.col0.hotmail.com ([65.55.34.148] verified) by logan.com (CommuniGate Pro SMTP 6.0.7) with ESMTP id 6641260 for lml@lancaironline.net; Mon, 16 Dec 2013 15:58:46 -0500 Received-SPF: pass receiver=logan.com; client-ip=65.55.34.148; envelope-from=peterpawaviation@hotmail.com Received: from COL129-W75 ([65.55.34.136]) by col0-omc3-s10.col0.hotmail.com with Microsoft SMTPSVC(6.0.3790.4675); Mon, 16 Dec 2013 12:58:11 -0800 X-TMN: [pPP8Q5Ksy7TkyW2BxwoSnjaDBLWM81nN] X-Originating-Email: [peterpawaviation@hotmail.com] X-Original-Message-ID: X-Original-Return-Path: peterpawaviation@hotmail.com Content-Type: multipart/alternative; boundary="_b2fc5d94-7de7-4153-a79f-f3610a0f09e4_" From: PETER WILLIAMS X-Original-To: "lml@lancaironline.net" Subject: =?Windows-1252?Q?Anatomy_of?= =?Windows-1252?Q?_a_plane_t?= =?Windows-1252?Q?heft_=96_N48?= =?Windows-1252?Q?4E?= X-Original-Date: Mon, 16 Dec 2013 15:58:11 -0500 Importance: Normal MIME-Version: 1.0 X-OriginalArrivalTime: 16 Dec 2013 20:58:11.0664 (UTC) FILETIME=[87E08500:01CEFAA1] --_b2fc5d94-7de7-4153-a79f-f3610a0f09e4_ Content-Type: text/plain; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable =0A= =0A= =0A= Anatomy of a plane theft =96 N484E=0A= =0A= September 26=2C 2011 =0A= =0A= =0A= I want to start by saying this is by far the BEST post I=92ve had=0A= the opportunity to write for this site. The outcome of this situation =0A= is helping me have a bit more faith in the justice system=2C karma and the= =0A= ability for a good man to prevail against absolute evil. =20 =0A= So=2C lets talk about how to steal an airplane in 7 Easy steps=85. =0A= 1. Find a nice=2C trusting guy who owns the plane you want to fly and who i= s frequently out of town on business. =20 =0A= 2. Work out a deal where Nice Guy leases you his airplane.=20 =0A= 3. Suggest to Nice Guy that he set up a corporation in another state to hol= d title to the plane. =0A= 4. Since Nice Guy is gone a lot he=92s going to let you set up the =0A= corporation and handle the paperwork for him. He=92ll tell you to set it = =0A= up in his and his wife=92s name. But never mind that detail. Just go =0A= ahead and set it up in your own. We=92ll call it Wright Flight Aviation=2C= =0A= well=2C because that=92s its name. You=92ll be keeping the books and filin= g =0A= all the necessary paperwork each year so Nice Guy never needs to know =0A= that not only did you not list him and his wife=2C you made yourself the = =0A= sole officer and director. =0A= 5. With the new corporation in place=2C go ahead and set up a legal =0A= lease agreement on the plane. In return for the privilege of flying the=0A= airplane=2C you agree to pay the costs of maintenance=2C insurance=2C hang= ar =0A= fees and any necessary repairs. Have Nice Guy sign for the corporation =0A= so he thinks everything is set up right. =20 =0A= 6. Now=2C you already have ANOTHER company set up that you are sole =0A= owner of. We=92ll call that one Mach I Aviation. Now have (Mach I) paper= =0A= a loan to (Wright Flight) for $150=2C000. Go ahead and sign the papers = =0A= for both companies. Next you=92ll create a second document. This one =0A= will be a Security Agreement from Wright Flight to Mach I. It will give=0A= an interest in the plane to your company (Mach I) in case the loan =0A= doesn=92t get paid back. Again=2C go ahead and sign for both companies =0A= yourself. No reason to bother Nice Guy with the pesky little details is=0A= there? =0A= 7. When Wright Flight doesn=92t pay the =93loan=94 back (because the real = =0A= officer of Wright Flight doesn=92t even know about any loan) you can just = =0A= go ahead and repossess the airplane and transfer registration to =0A= yourself. =0A= Detour here =96 When Nice Guy finds out that you didn=92t set up the =0A= corporation per his request=2C he amends the corporate papers with the =0A= state to correct your oversight. And when Nice Guy finds out that you =0A= damaged his plane and didn=92t provide the insurance you were supposed to= =2C=0A= he=92s going to do the only thing he can. Cancel the lease and take =0A= back exclusive possession of his plane. =0A= But that=92s OK! Remember you still have that nice little loan =0A= agreement you created=2C the agreement Nice Guy airplane owner was never = =0A= informed about? So just sit back for about 2 years. Right before you =0A= get ready to file bankruptcy you can just file papers that say Wright =0A= Flight never paid back Mach I. Then you can hire a guy to go and =0A= repossess the plane. Now that guy may think the paperwork doesn=92t look = =0A= right once Nice Guy talks to him and explains the situation. No fear. =0A= Have repo-man red tag the plane so Nice Guy can=92t fly away in it. Now = =0A= it can sit in a hangar for a year or two and neither one of you can use =0A= it. =0A= Nice guy is then going to file a lawsuit in civil court to have the =0A= Loan Agreement and Security Agreement cancelled. That=92s okay=2C just be = =0A= quick on your feet and file a =93Certificate of Repossession of Encumbered= =0A= Aircraft=94 with the FAA. Now the fact you don=92t actually HAVE =0A= possession of the plane is just a minor detail=2C feel free to ignore it. = =0A= Since the FAA will assume that you actually have possession and that =0A= everything you=92ve done up to this point WASN=92T illegal they will just = =0A= transfer that registration right on over to you no questions asked. =0A= Viola=2C you now own a shiny plane (on paper). =0A= Just one problem. =0A= When you enter into a 30 day restraining order that prevents ANYONE =0A= from attempting to repossess or convey title to the plane until a =0A= decision is made in the previously mentioned civil action AND agree that=0A= no one can operate=2C fly or move the plane without written consent of =0A= the other party AND agree to provide Wright Flight with documentation to=0A= substantiate the supposed security interest Mach I has in the plane you=0A= probably shouldn=92t turn around and file Bankruptcy and list the plane = =0A= as one of your assets (valued at $250=2C000). =20 =0A= Sadly=2C all of the above is exactly what happened to the beautiful =0A= Lancair IV-P=2C tail number N484E=2C owned by Nathan East. He=92s been =0A= fighting for it ever since. Some of you will know who he is because of =0A= the plane=2C others will know him as the bass player with the radiant =0A= smile who has played with just about everyone imaginable. But at the =0A= heart of this situation he is=2C quite simply=2C another victim. He was = =0A= taken advantage of and unabashedly stolen from. He=92s had to spend way = =0A= too much money=2C time and energy to reclaim his OWN plane. =0A= Initially the bankruptcy court ruled against him. That=92s a whole =0A= =91nother Oprah there. Thankfully=2C the United States Bankruptcy =0A= Appellate Panel of the Ninth Circuit had a clue. You can read the =0A= ruling from them here. They reversed and remanded the original decision fr= om the Bankruptcy Court and made it quite clear what this all meant. =0A= I want to quote a portion of it here to save you some time. This comes fro= m pages 9 & 10: =0A= =93Wright Flight opposed=2C and supported its opposition with a statement= =0A= of genuine issues in a dispute=2C a request for judicial notice=2C and the= =0A= declarations of both Nathan East and (attorney) Jeffrey Gersh. These =0A= documents essentially indicate that=2C among other things=2C =0A= =95 The Aircraft Loan Agreement and the Security Agreement were invalid un= der Nevada and California Law =0A= =95 Mach I=92s purported security interest in the Aircraft was never prope= rly perfected. =0A= =95 The law did not permit a thief to have superior title to the true owne= r =0A= =95 The Trustee stood in the shoes of the thief so the Trustee=92s title c= ould NOT be superior to the true owner=2C and =0A= =95 It was not clear this matter should be heard at all since Riggs was = =0A= not and likely never had been an officer or director of Mach I.=94 =0A= Yes=2C you read all of that right. The agreements weren=92t valid=2C he=92= s a=0A= thief and the Bankruptcy Trustee took his word for it in deciding that =0A= Dave Riggs had superior ownership over Nathan and the Trustee was WRONG.=0A= And there is evidence that Dave Riggs was never an officer or director=0A= of Mach I (also another story). =0A= What I find horrendous is that it appears that Trustee was saying in =0A= the original ruling that because Mr. East had the right to monetary =0A= damages if he won the civil case he did NOT have the right to get the =0A= plane back and it should remain with the Bankruptcy court. They would =0A= then sell it=2C take their share and if anything was left over it could go= =0A= to the creditors. I object. If the plane was his=2C and was stolen then= =0A= he should get his plane back. Simple. If the trustee wants money so =0A= bad they need to get the Lancair Dave Riggs is currently flying (N360DR=2C= =0A= owned by Whirly Bird Aviation Inc=2C in Nevada)=2C the L-39 now owned by = =0A= Nazarene Aviation Fellowship=2C the Hummer he drives and anything else =0A= he=92s hidden. =20 =0A= That won=92t happen I=92m sure but at least the Appellate Court saw fit to = clear the way for Mr. East to get his plane back. =0A= The appellate paperwork goes on for a total of 22 pages and it=92s =0A= truly an interesting and enlightening read. But in the end it boils =0A= down to this..Nathan East should be able to regain possession of his =0A= plane very soon. =0A= I have not had the pleasure of meeting Nathan personally but I have =0A= learned enough about him in the course of investigating and discussing =0A= this case to know that he is a man of kindness and integrity. What he =0A= has had to go through=2C simply to be able to enjoy his own plane=2C that = =0A= I=92m sure he worked incredibly hard to be able to have=2C is a travesty. = =0A= And while I can=92t do anything to fix that or to make it right again =0A= (except cheer LOUDLY when he finally gets to move that plane out of the =0A= jail it=92s in at Whiteman Airport now)=2C I once again feel vindicated in = =0A= starting this website=2C because someone somewhere will be looking to get = =0A= involved with David Riggs one of these days and see this story and save =0A= themselves some heartache and a lot of money. =0A= Incidents like this are the very reason I created =0A= AviationCriminal.com=2C to expose the truth and hopefully prevent this =0A= kind of travesty from ever happening again. =20 =0A= Here is the plane in question..currently sitting in jail. May she see the = skies again very soon with her rightful owner. =0A= = --_b2fc5d94-7de7-4153-a79f-f3610a0f09e4_ Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable
=0A= =0A= =0A=


Anatomy of a plane t= heft =96 N484E

=0A=
=0A=  =3B September 26=2C 2011
=0A= =0A= =0A= I want to start by saying this is by far the BEST post I=92ve had=0A= the opportunity to write for this site. The outcome of this situation =0A= is helping me have a bit more faith in the justice system=2C karma and the= =0A= ability for a good man to prevail against absolute evil.
=0A= So=2C lets talk about how to steal an airplane in 7 Easy steps=85.
=0A= 1. Find a nice=2C trusting guy who owns the plane you want to fly and who i= s frequently out of town on business.
=0A= 2. Work out a deal where Nice Guy leases you his airplane.
=0A= 3. Suggest to Nice Guy that he set up a corporation in another state to hol= d title to the plane.
=0A= 4. Since Nice Guy is gone a lot he=92s going to let you set up the =0A= corporation and handle the paperwork for him. He=92ll tell you to set it = =0A= up in his and his wife=92s name. But never mind that detail. Just go =0A= ahead and set it up in your own. We=92ll call it Wright Flight Aviation=2C= =0A= well=2C because that=92s its name. You=92ll be keeping the books and filin= g =0A= all the necessary paperwork each year so Nice Guy never needs to know =0A= that not only did you not list him and his wife=2C you made yourself the = =0A= sole officer and director.
=0A= 5. With the new corporation in place=2C go ahead and set up a legal =0A= lease agreement on the plane. In return for the privilege of flying the=0A= airplane=2C you agree to pay the costs of maintenance=2C insurance=2C hang= ar =0A= fees and any necessary repairs. Have Nice Guy sign for the corporation =0A= so he thinks everything is set up right.
=0A= 6. Now=2C you already have ANOTHER company set up that you are sole =0A= owner of. We=92ll call that one Mach I Aviation. Now have (Mach I) paper= =0A= a loan to (Wright Flight) for $150=2C000. Go ahead and sign the papers = =0A= for both companies. Next you=92ll create a second document. This one =0A= will be a Security Agreement from Wright Flight to Mach I. It will give=0A= an interest in the plane to your company (Mach I) in case the loan =0A= doesn=92t get paid back. Again=2C go ahead and sign for both companies =0A= yourself. No reason to bother Nice Guy with the pesky little details is=0A= there?
=0A= 7. When Wright Flight doesn=92t pay the =93loan=94 back (because the real = =0A= officer of Wright Flight doesn=92t even know about any loan) you can just = =0A= go ahead and repossess the airplane and transfer registration to =0A= yourself.
=0A= Detour here =96 When Nice Guy finds out that you didn=92t set up the =0A= corporation per his request=2C he amends the corporate papers with the =0A= state to correct your oversight. And when Nice Guy finds out that you =0A= damaged his plane and didn=92t provide the insurance you were supposed to= =2C=0A= he=92s going to do the only thing he can. Cancel the lease and take =0A= back exclusive possession of his plane.
=0A= But that=92s OK! Remember you still have that nice little loan =0A= agreement you created=2C the agreement Nice Guy airplane owner was never = =0A= informed about? So just sit back for about 2 years. Right before you =0A= get ready to file bankruptcy you can just file papers that say Wright =0A= Flight never paid back Mach I. Then you can hire a guy to go and =0A= repossess the plane. Now that guy may think the paperwork doesn=92t look = =0A= right once Nice Guy talks to him and explains the situation. No fear. =0A= Have repo-man red tag the plane so Nice Guy can=92t fly away in it. Now = =0A= it can sit in a hangar for a year or two and neither one of you can use =0A= it.
=0A= Nice guy is then going to file a lawsuit in civil court to have the =0A= Loan Agreement and Security Agreement cancelled. That=92s okay=2C just be = =0A= quick on your feet and file a =93Certificate of Repossession of Encumbered= =0A= Aircraft=94 with the FAA. Now the fact you don=92t actually HAVE =0A= possession of the plane is just a minor detail=2C feel free to ignore it. = =0A= Since the FAA will assume that you actually have possession and that =0A= everything you=92ve done up to this point WASN=92T illegal they will just = =0A= transfer that registration right on over to you no questions asked. =0A= Viola=2C you now own a shiny plane (on paper).
=0A= Just one problem.
=0A= When you enter into a 30 day restraining order that prevents ANYONE =0A= from attempting to repossess or convey title to the plane until a =0A= decision is made in the previously mentioned civil action AND agree that=0A= no one can operate=2C fly or move the plane without written consent of =0A= the other party AND agree to provide Wright Flight with documentation to=0A= substantiate the supposed security interest Mach I has in the plane you=0A= probably shouldn=92t turn around and file Bankruptcy and list the plane = =0A= as one of your assets (valued at $250=2C000).
=0A= Sadly=2C all of the above is exactly what happened to the beautiful =0A= Lancair IV-P=2C tail number N484E=2C owned by Nathan East. He=92s been =0A= fighting for it ever since. Some of you will know who he is because of =0A= the plane=2C others will know him as the bass player with the radiant =0A= smile who has played with just about everyone imaginable. But at the =0A= heart of this situation he is=2C quite simply=2C another victim. He was = =0A= taken advantage of and unabashedly stolen from. He=92s had to spend way = =0A= too much money=2C time and energy to reclaim his OWN plane.
=0A= Initially the bankruptcy court ruled against him. That=92s a whole =0A= =91nother Oprah there. Thankfully=2C the United States Bankruptcy =0A= Appellate Panel of the Ninth Circuit had a clue. You can read the =0A= ruling from them here. They reversed and remanded the original= decision from the Bankruptcy Court and made it quite clear what this all m= eant.
=0A= I want to quote a portion of it here to save you some time. This comes fro= m pages 9 &=3B 10:
=0A= =93Wright Flight opposed=2C and supported its opposition with a statement= =0A= of genuine issues in a dispute=2C a request for judicial notice=2C and the= =0A= declarations of both Nathan East and (attorney) Jeffrey Gersh. These =0A= documents essentially indicate that=2C among other things=2C
=0A= =95 The Aircraft Loan Agreement and the Security Agreement were invalid un= der Nevada and California Law
=0A= =95 Mach I=92s purported security interest in the Aircraft was never prope= rly perfected.
=0A= =95 The law did not permit a thief to have superior title to the true owne= r
=0A= =95 The Trustee stood in the shoes of the thief so the Trustee=92s title c= ould NOT be superior to the true owner=2C and
=0A= =95 It was not clear this matter should be heard at all since Riggs was = =0A= not and likely never had been an officer or director of Mach I.=94
=0A= Yes=2C you read all of that right. The agreements weren=92t valid=2C he=92= s a=0A= thief and the Bankruptcy Trustee took his word for it in deciding that =0A= Dave Riggs had superior ownership over Nathan and the Trustee was WRONG.=0A= And there is evidence that Dave Riggs was never an officer or director=0A= of Mach I (also another story).
=0A= What I find horrendous is that it appears that Trustee was saying in =0A= the original ruling that because Mr. East had the right to monetary =0A= damages if he won the civil case he did NOT have the right to get the =0A= plane back and it should remain with the Bankruptcy court. They would =0A= then sell it=2C take their share and if anything was left over it could go= =0A= to the creditors. I object. If the plane was his=2C and was stolen then= =0A= he should get his plane back. Simple. If the trustee wants money so =0A= bad they need to get the Lancair Dave Riggs is currently flying (N360DR=2C= =0A= owned by Whirly Bird Aviation Inc=2C in Nevada)=2C the L-39 now owned by = =0A= Nazarene Aviation Fellowship=2C the Hummer he drives and anything else =0A= he=92s hidden.
=0A= That won=92t happen I=92m sure but at least the Appellate Court saw fit to = clear the way for Mr. East to get his plane back.
=0A= The appellate paperwork goes on for a total of 22 pages and it=92s =0A= truly an interesting and enlightening read. But in the end it boils =0A= down to this..Nathan East should be able to regain possession of his =0A= plane very soon.
=0A= I have not had the pleasure of meeting Nathan personally but I have =0A= learned enough about him in the course of investigating and discussing =0A= this case to know that he is a man of kindness and integrity. What he =0A= has had to go through=2C simply to be able to enjoy his own plane=2C that = =0A= I=92m sure he worked incredibly hard to be able to have=2C is a travesty. = =0A= And while I can=92t do anything to fix that or to make it right again =0A= (except cheer LOUDLY when he finally gets to move that plane out of the =0A= jail it=92s in at Whiteman Airport now)=2C I once again feel vindicated in = =0A= starting this website=2C because someone somewhere will be looking to get = =0A= involved with David Riggs one of these days and see this story and save =0A= themselves some heartache and a lot of money.
=0A= Incidents like this are the very reason I created =0A= AviationCriminal.com=2C to expose the truth and hopefully prevent this =0A= kind of travesty from ever happening again.
=0A= Here is the plane in question..currently sitting in jail. May she see the = skies again very soon with her rightful owner.

=0A=
= --_b2fc5d94-7de7-4153-a79f-f3610a0f09e4_--