Peters, Gamm, West & Vincent, Inc., Richard L. West, Judith L. West, Marc A. Vincent, Deborah S. Vincent, Gary L. Gamm and Connie F. Gamm - Page 6

                                          6                                           
          uninterrupted, and the clients of IMG were told that there had              
          been a name change.  Payments were made to Ivan pursuant to the             
          deferred compensation agreement previously executed by IMG.                 
          Sometime after Ivan's departure, his son, Richard West (Richard),           
          who had been employed by IMG and PGWV, became a shareholder of              
          PGWV.  On January 7, 1987, the corporation adopted a resolution             
          that stated:                                                                
               RESOLVED, that the Corporation continue to pay legal                   
               expenses for attorneys engaged by Mr. Don Peters in                    
               connection with the investigation by the Securities                    
               Exchange Commission with respect to sales of stock of                  
               ERG.  The payment of such expenses is subject to the                   
               understanding and acknowledgment by Mr. Peters that                    
               payment of such expenses is not to be construed by                     
               [sic] any indication that the Corporation has any                      
               responsibility with respect to the particular matters                  
               being investigated or obligated as to any liability,                   
               damages, penalties or fines that may result from said                  
               investigation.  It is to be understood that the                        
               Corporation may at any time discontinue the payment of                 
               such legal expenses and thereupon will have no                         
               obligation with respect to such expenses.                              
          Based on this resolution, we conclude that at the time of                   
          incorporation, the PGWV shareholders knew that the investigation            
          was focused on the activities of Peters.  Peters owned 42.5                 
          percent, 40 percent, and 35 percent of PGWV during the years 1988           
          through 1990, respectively.                                                 
               On January 9, 1987, the corporation filed an amendment to              
          the ADV form with the SEC, which indicated that its name had                
          changed from IMG to PGWV.  At the end of 1990, the name was                 
          amended to Peters, Gamm, West & Vincent, Inc., to reflect the               
          addition of a shareholder, Mark A. Vincent, in January 1989.                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011