- 66 - promissory note debt. In his testimony, Jay Hoyt maintained that he and the Hoyt organization had concluded it was not practical to bring collection actions against a large number of defaulting investors. He further stated that as a “general principle” the Hoyt organization assumed that the “cattle” securing a defaulting investor’s “note liability” had a value equal to 110 percent of that “note liability”. However, the Court does not believe Jay Hoyt’s explanation as to why the Hoyt organization never sought to enforce the “note liability” against these defaulting investors.38 In his testimony, Jay Hoyt also noted that certain of the cattle-breeding partnerships had almost “fully paid off” their “promissory note liabilities” with respect to some earlier cattle purchase transactions that they and the Hoyt organization had entered into. He further indicated that, in substantial part, these notes had been “paid off” through these partnerships’ “transferring back” cattle to the Hoyt organization. However, the Court does not consider such “payments” to be convincing 38Among other things, the record contains standard letters a large group of disgruntled investors (who were allowed to withdraw from their cattle-breeding partnerships) issued to the Hoyt organization in 1994 and 1995. In the letters, these investors noted that the Hoyt organization had represented that the investors would owe no further money because their respective cattle partnership’s assets had a value sufficient to cover an investor’s “note liability”. If not, the letters advised, these investors requested a full accounting by the Hoyt organization with respect to all cattle that had been owned by their partnerships.Page: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
Last modified: May 25, 2011