- 18 - deployed as required and at the same time arrange for our Bank’s investment group to be appointed as the investment manager. Copies of the three proposals are not in the record, and the record does not disclose what actions, if any, the Melniks and Mr. Pennoni took to review and comment upon the proposals. In August 1999,25 Moshe Melnik left MMI’s board of directors and began pursuing ventures in real estate. Later that year, Moshe Melnik approached the Bank of Bermuda regarding an investment property in Houston. In response to the Bank of Bermuda’s request for additional information on the property and its potential as an investment, Moshe Melnik sent maps of the area, as well as information regarding the owner, and explained that a rail system would be built next to the property. At some point,26 Clend formed and capitalized a separate company, Tapuz, Ltd. (Tapuz), to acquire the property (the Tapuz property) for approximately $1.38 million.27 The funds used by Clend to make the capital contribution were apparently advanced by the Bank of 25On Nov. 20, 2000, MMI and its affiliates filed for ch. 11 bankruptcy protection. However, over a period from Aug. 18 to Oct. 1, 1999, Clend had sold 727,360 shares of its MMI stock for approximately $930,000, so it is not clear from the record in this case how the bankruptcy impacted petitioners and Clend. 26From the account statements in the record, it appears that Clend capitalized Tapuz in approximately April 2000. 27The record does not contain any documentation regarding the acquisition of the Tapuz property, although petitioners testified that Tapuz purchased the property.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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