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THE DVI FRAUD CONTINUES
(says insider) ”What am I missing here, DVI announced that they want to
pay retainers to the existing employees on a "discretionary"
basis. Lets see - they laid off some 170 employees, many without
notice, just a letter in the mail, and cut off the emails without any notice, no severance pay
and no Medical benefits - lots of class.
If you are liquating a company, do you really need to pay retainers
to 170 people? No of course not,
that is why they stated "discretionary".
“The people (Rich Miller-President, Steve Jasiukiewicz-VP,
Peter Myhre-VP, Joe Melot-VP etc.) who made the decisions to lay off
the dedicated and hard working employees are the very people involved
in the fraud to the Lenders, Vendors , employees, the Industry and shareholders. Yet, they are still employed , still making
the decisions to hurt all the same parties just mentioned. The retainers are just another way to pay Rich
Millers inner core people as well as himself, on a discretionary basis
of course, to buy time to start up another company and continue their
life style. ”How can he get away with this? Well perhaps it is because the Management company that has taken
over control of DVI reports to
the Board of Directors and the Board of Directors historically has been
controlled by Mike O'Hanlon.” Name Unknown ( Name With Held
) (Dear Name With Held, all the leasing companies that filed
bankruptcy, the main principals went right back into equipment leasing
under another name. CMC is still winding through bankruptcy, as the class action suit
is taking deposition, and SDI, MCM, you name it, they are active, and so will the
DVI officers skate. Very few go to jail or give up what they have hidden in trusts
or given to relatives. That’s life in the big city, editor.) DVI, Inc. last week announced
that the U.S. Bankruptcy Court granted the Company and its two debtor subsidiaries interim approval for up to $148
million in debtor-in-possession financing from Goldman Sachs Credit
Partners, L.P. and Ableco Finance, LLC. The facility will refinance and replace
the exiting $20 million DIP facility from Ableco Finance and enable DVI to
fund a settlement with Fleet National Bank and its co-lender under the $150
million Fourth Amended and Restated Loan Agreement dated March 29, 2002.
Pursuant to that agreement, DVI will pay approximately $100 million to and
release all claims against Fleet and its co-lenders in exchange for a release
by Fleet and its co-lenders of all claims against DVI, resulting in a benefit
to DVI of approximately $50 million. In addition, the new financing
will enable DVI to make investments of up to $20 million in its special purpose
vehicle subsidiaries. It does
not settle other lawsuits, or claims against Deloitte,Haskins & Sells DVI Inc. also last week admitted it may have wrongly taken
between $2.5 million and $3.5 million for working capital purposes, even though the money should have
been remitted to DVI's limited liability companies. DVI further admitted
that it never paid some vendors for equipment the company purchased
then leased to medical centers. Thirteen noteholders, which hold about
$765 million of $1.65 billion of notes and which include companies like
Merrill Lynch and Nationwide Life Insurance, have joined to form an
unofficial noteholders committee that says it will further investigate
some of the recent issues that have surfaced with DVI. Since filing for bankruptcy,
DVI has won court approval to increase its post-petition funding by
740 percent to $148 million and to use a replacement debtor-in-possession
loan from Goldman Sachs Credit Partners. Ableco Finance LLC to help it pay off a $100 million loan from FleetBoston
Financial Corp. A U.S. Bankruptcy Court has also given DVI permission
to sell its assets at an Oct. 8 auction. Separately, DVI says that as a result of
its quarterly review of reserves held against its loan portfolio, the company is
planning a substantial upward adjustment in its reserves. Leasing News predicted this company would revert to Chapter
7 and it looks like that it where it is all headed. |
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