Countdown to Leviathan...

[Docc]

I just hope nothing breaks anytime soon on my 2 month old Salvo 21w light.

 

[Cave Bum]

Wow. That's borderline retarded.

Barry stole a ton of stuff from Halcyon. He went to PRISON for it. A court of law determined he had to also settle financially with Haclyon. Instead, he skipped down, and Corey took a bunch of the Salvo goods to start Leviathan (totally illegal, hence the court injunction). It's dubious Corey didn't know what he was doing (or just has the world's worst lawyer).

In any case, blaming JJ/Halcyon for trying to recoup their stolen goods is just bizarre. I seriously doubt you'd be so forgiving if someone had ripped you off.

The blame lays squarely with the convicted felon.

And Leviathan is a completely seperate company. What would even make JJ assume that they had any Salvo equipment? Does he assume that anyone who ever worked for Barry is a thief? One of Barry's former employees went to work for Oxychek, is he going to go after them next? And how did he verify that Leviathan had ex-Salvo equipment? Did he have private investigators peeking in their windows at night? Or maybe breaking in?

You don't just assume that someone or some company is a crook because of past association. If I were to assume that, I might assume JJ was the same as his original full cave instructor, who was kicked out of teaching for encouraging students to dive Alachua. I don't assume that JJ is like that.

Barry is the convicted felon, not Corey! Please try to keep that straight.

 

[Gombessa]

And Leviathan is a completely seperate company. What would even make JJ assume that they had any Salvo equipment?

I don't think the facts are as thin as you present them here. I understand there was a full court-ordered inventory of the Salvo premises, which served as part of the basis for the judgment. Even if JJ assumed without reason that L had S equipment (and apparently there was reason, since the court seems to have found the equipment in question at L, showing that such "complete separateness" is at best tainted), the court doesn't just rubber stamp a legally enforceable order to impound whatever JJ wants. H has to show a justifiable basis, and clearly here the court agreed that there was, and in enforcing it, they were proven right.

This may also have something to do with the alleged fact that Barry had already tried at least one other time to form a separate company (Salvo LLC) of which he wasn't an owner in order to hide assets from the court.

Corey isn't a convicted felon, but any innocent party can be dragged into the quagmire if they receive goods from a fraudulent transfer (see the lawnmower example above). It's really unfortunate, but it really means that there are two victims of Barry's actions, one one victim of Barry and one victim of Halcyon.

 

[Cave Bum]

I don't think the facts are as thin as you present them here. I understand there was a full court-ordered inventory of the Salvo premises, which served as part of the basis for the judgment. Even if JJ assumed without reason that L had S equipment (and apparently there was reason, since the court seems to have found the equipment in question at L, showing that such "complete separateness" is at best tainted), the court doesn't just rubber stamp a legally enforceable order to impound whatever JJ wants. H has to show a justifiable basis, and clearly here the court agreed that there was, and in enforcing it, they were proven right.

I’m not quibbling about that. That's after the fact. And I am aware of the different rules in civil trials vs. criminal trials –ie- ‘preponderance of the evidence’ vs. ‘beyond a reasonable doubt’. I still have to ask what justification did they have to look at Leviathan in the first place? You have to have some justification, you can't say 'I think they're crooks...'

Additionally, Rainer’s comments that:

The blame lays squarely with the convicted felon.

applies to Barry when we’re talking here about Corey. I say again, he needs to get that straight!

Okay, I've spent enough time trying to teach pigs to whistle, I can't spend any more time on this. Let the flame throwers ignite, I'm outta here...

 

[Gombessa]

I’m not quibbling about that. That's after the fact. And I am aware of the different rules in civil trials vs. criminal trials –ie- ‘preponderance of the evidence’ vs. ‘beyond a reasonable doubt’.

The standard for judgment is different than the standard for a TRO or injunction or similar action by the court.

I still have to ask what justification did they have to look at Leviathan in the first place?

I don't know specifically. But I'm sure you can see my point that, whatever justification H presented, the court evaluated that as an arbiter between interested parties and decided for itself whether H's claims had enough merit to drag in an unrelated party and hold up its business operations--that kind of decision isn't made lightly, or with only meager evidence. I only say this because you highlight "assume" a lot above, whereas the process required to go through with an impound and inventory really requires a lot more than that.

Additionally, Rainer’s comments that:

"The blame lays squarely with the convicted felon."

applies to Barry when we’re talking here about Corey. I say again, he needs to get that straight!

Well, I agree with the point Rainer was making. I do hope Leviathan rises out of this situation and is successful, but I think Rainer's point is that Corey, and Salvo/Leviathan customers, who are all probably innocent and unfortunately caught in a pickle because of this mess, really need to be blaming Barry for hiding/selling/giving away assets impounded by the court, and not Halcyon for trying to enforce its court judgment. H is just trying to get its lawnmower back, and it has every right to get it back from the innocent party who unknowingly bought it from the convicted felon. Once that's done with, Leviathan can go on its way, and if it suffered damages, it can sue Barry for the fraudulent transfer.

I REALLY don't think H wants customers' service and warranty property impounded; they're not seeking these and have no claim to them, and they know it's causing hardship and ire to the owners, who could be future customers; it's just that this is a complicated process, and when a padlock gets thrown on a door, everything inside gets locked up. Hopefully the court can quickly separate out what belongs and what doesn't, and life will get back to normal for everybody.

 

[Kevin Carlisle]

Very interesting read. I am glad I own Dive Rite gear!!

 

[letterboy]

Wait, L stole H's lawn mower now!! That's just dirty pool!
Posted via Mobile Device

 

[ONESPEED]

Very interesting read. I am glad I own Dive Rite gear!!

Nobody has an ugly baby.

 

[ScubaSteve]

Wait, L stole H's lawn mower now!! That's just dirty pool!
Posted via Mobile Device

Yeah but I made a good profit selling it back to H

 

[Kevin Carlisle]

You could have cut my grass first

Yeah but I made a good profit selling it back to H