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absorber for use in the auto racing industry. On January 10,
1983, they formed Pro-Formance, Inc., (Pro-Formance).
Seeking to obtain their own share of the racing market,
Whitehead and Gillespie contacted Carrera’s customers,
suppliers, manufacturers, and company-sponsored race teams.
They used Carrera’s mailing list to solicit and obtain
financing from Carrera’s key customers and manufacturers. They
misled Carrera-sponsored race teams by telling them that
Carrera would no longer offer shock absorbers free of charge
for sponsorship purposes. On at least one occasion, Gillespie
falsely conveyed the idea that Carrera had discontinued
manufacturing the type of shock absorber which had given
Carrera its renown. Whitehead made false statements regarding
Mr. Anderson’s handling of Carrera’s finances. He told
Carrera’s creditors that Mr. Anderson was doctoring the
company’s accounts receivable in order to increase Carrera’s
line of credit. On other occasions Whitehead and Gillespie
told Carrera customers that Mr. Anderson was apathetic towards
the company’s future as a going concern, that he was unwilling
to provide Carrera’s customers with the same personal service
as he had in the past, and that he was embezzling money from an
industry trade show.
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Last modified: May 25, 2011