Gard's ..I referr you to simple CT cases, of which there are a few examples.....
If "A" rips off "B" to the tune of...lets say $50,000..
Then "A" uses funds Stolen from "B" to buy something..land, property, a business etc etc etc...
then lets suppose that "A" pays $500,000 for that purchase...And he couldnt obviously fund the purchase without those stolen funds.....then lets suppose that "A" then spends a further 500,000 improving the asset so that it is now worth 2 million dollars....In a CT award the ammounts (not taking into account any criminal punishment that may be due) awarded will be "In proportion to the ammounts applied"..ie A would have a put in 950,000 and B 50,000 so A's proportion of asset would be 1.9 mill and B would get back 100k....It's pretty simple really....If its a straight forward theft of money by Knowing person who illegally stole (misappropriated) anothers funds for profit....In that scenario chm have unknowingly put in perhaps 300k into an 11 mill purchase plus in excess of 50 mill expended on development to get asset to todays value...ie between .2% and 3% depending on valuation of purcase or purchase and development.....where it gets a little more complex is that MMX maintain they had no knowledge of the alleged Misapropriation, and therfore only the few hundred grand plus interest should be awarded...There was never any intention of a joint venture and trying to paint a view of chm being a "Core partner" is ridiculouus......At worst this is a case of Barnes, a chm director stealing funds from his own company, colluding with an ex Nicu director and sinking the money into a purchase to enable his personal gain of 10 million shares in winterfall which became 10 million shares in MMX....Barnes is criminal as witnessed by his illegal listing of chm and dodgy dealings with Zenith of 3 million dollars.. and has paid up.....Grim likely too aswell..But MMX was used, much like chm and primarily blameless.....Will undoubtedly have to repay proven misapprpriated funds and interest at least or a few million at most...No reasonable person could see it any other way....Hence Investors interest in Chm....Chance of "big payout" Zero..!!!
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Gard's ..I referr you to simple CT cases, of which there are a...
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