X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Mon, 16 Dec 2013 21:46:24 -0500 Message-ID: X-Original-Return-Path: Received: from col0-omc3-s6.col0.hotmail.com ([65.55.34.144] verified) by logan.com (CommuniGate Pro SMTP 6.0.7) with ESMTP id 6641494 for lml@lancaironline.net; Mon, 16 Dec 2013 19:16:50 -0500 Received-SPF: pass receiver=logan.com; client-ip=65.55.34.144; envelope-from=peterpawaviation@hotmail.com Received: from COL129-W78 ([65.55.34.136]) by col0-omc3-s6.col0.hotmail.com with Microsoft SMTPSVC(6.0.3790.4675); Mon, 16 Dec 2013 16:16:17 -0800 X-TMN: [bad8XAWOOGJ1KwbkOsRgm12L1FkEfO0y] X-Originating-Email: [peterpawaviation@hotmail.com] X-Original-Message-ID: X-Original-Return-Path: peterpawaviation@hotmail.com Content-Type: multipart/alternative; boundary="_3fa883fe-0a1e-446d-9e3a-fe2df7af7f4a_" From: PETER WILLIAMS X-Original-To: Lancair Mailing List Subject: RE: [LML] Re: Anatomy of a plane theft ? N484E X-Original-Date: Mon, 16 Dec 2013 19:16:17 -0500 Importance: Normal In-Reply-To: References: MIME-Version: 1.0 X-OriginalArrivalTime: 17 Dec 2013 00:16:17.0255 (UTC) FILETIME=[343DC770:01CEFABD] --_3fa883fe-0a1e-446d-9e3a-fe2df7af7f4a_ Content-Type: text/plain; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable hi there someone on LML mentioned that this plane was for sale. i try to follow sales and offerings of Lancair's.=20 i came upon this story=3B i do not know who is right=3B who is wrong.= =20 but if one of our guests on this site is considering laying out $200=2C000= =2C it seems that it would be prudent to know how good the title is. AND=20 as a warning to anyone else to keep control of the title of your airpl= ane. ALL I KNOW is that i would not like to buy a plane and up in the middle of litigat= ion. SEPARATELY=20 (last month) we were just offered a twin for sale=2C by the person in possession=3B = and that person in possession had no right to sell the airplane and has bee= n ordered by the court to surrender the plane to the rightful owner lotta bad stuff out there peter To: lml@lancaironline.net Date: Mon=2C 16 Dec 2013 18:45:07 -0500 From: joeczabaranek@gmail.com Subject: [LML] Re: Anatomy of a plane theft ? N484E Are there any dissenting opinions? Anatomy of a Plane Theft is posted on a= website dedicated to bashing Dave Riggs. Definitely a biased author=2C bu= t is he accurate? Is there anything those of us in the market for a IVP sh= ould know about this particular tail # that we couldn't find for ourselves = with an hour of free time and a google search of "N484E"? Joe Czabaranek On Dec 16=2C 2013=2C at 3:41 PM=2C PETER WILLIAMS wrote: =0A= =0A= =0A= =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= =0A= = --_3fa883fe-0a1e-446d-9e3a-fe2df7af7f4a_ Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable
hi there

someone on LML m= entioned that this plane was for sale.

i try to follow sales and off= erings of Lancair's.

 =3B =3B =3B =3B i came upon t= his story=3B i do not know who is right=3B who is wrong.

but if one= of our guests on this site is considering laying out $200=2C000=2C it seem= s that it would be prudent to know how good the title is.

AND
&n= bsp=3B =3B =3B =3B as a warning to anyone else to keep control = of the title of your airplane.

ALL I KNOW
 =3B =3B = =3B is that i would not like to buy a plane and up in the middle of litigat= ion.

SEPARATELY
(last month)
 =3B =3B =3B we were= just offered a twin for sale=2C by the person in possession=3B and that pe= rson in possession had no right to sell the airplane and has been ordered b= y the court to surrender the plane to the rightful owner

lotta bad s= tuff out there

peter

To: lml@lan= caironline.net
Date: Mon=2C 16 Dec 2013 18:45:07 -0500
From: joeczaba= ranek@gmail.com
Subject: [LML] Re: Anatomy of a plane theft ? N484E
<= br>
Are there any dissenting opinions?  =3BAnatomy of a Plane Theft= is posted on a website dedicated to bashing Dave Riggs.  =3BDefinitely= a biased author=2C but is he accurate?  =3BIs there anything those of = us in the market for a IVP should know about this particular tail # that we= couldn't find for ourselves with an hour of free time and a google search = of "N484E"?

Joe Czabaranek

On Dec 16=2C 2013=2C at 3:4= 1 PM=2C PETER WILLIAMS <=3Bpeterpawaviation@hotmail.com>=3B wrote:

=0A= =0A= =0A=
=0A= =0A= =0A=


Anatomy = of a plane theft =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=
=0A=
= --_3fa883fe-0a1e-446d-9e3a-fe2df7af7f4a_--