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Some Background on the Pelican Case - Updated
Thursday, September 24 2009 @ 03:46 PM EDT

If you are interested in the Pelican Equity litigation against Darl McBride and the gang, here's an article in Capital Madrid, a Spanish financial newsletter, that provides some background on the parties. If you don't read Spanish, you can use Google Translate. Here's the English translation.

The article particularly focuses on Robert Brazell's accomplishments, because one of his businesses is in the news in the Spanish language press, and it mentions that Steven Norris is "a friend of the Bushes and of Saudi Prince Al-Waleed bin Talal Al Saud" ("amigo de los Bush y del príncipe saudí Al-Waleed bin Talal Al Saud").

I always remember at the beginning of the saga a SCO executive, Chris Sontag, saying we shouldn't be surprised if the government submitted an amicus brief in the SCO v. IBM case. That implied to me that they expected an appeal, at least, at which point they thought the government would support them, allegedly because of concerns about terrorists using Linux. If you recall, one of SCO's allegations in its complaint is that IBM had violated export regulations. Mozilla actually inquired about that issue in connection with Firefox, by the way, and it seems SCO's dreams were misplaced. It received a letter stating Firefox does not violate export regulations, which likely will impact the IBM case. Of course, SCO executives have said a lot of things, so maybe that hope of an amicus brief was more a dream than not, and the administration has since changed, but then again, who knows? My job is just to let you know everything I find, and others can do the rest.

Here's the pertinent bit in English translation, which has the usual comical moments when computers try to do this, but it's certainly clear enough to understand the overview:

Brazell IBN created in 2000, and has grown his own. Meanwhile, he has developed other activities, provided around internet sales already: inventor who registered the patent for a "buyer identification system for optimizing passive advertising" a fan of punto.com (ehow.com launched to teach how do anything, delphiforums.com to chat, sandbox.com sports, liveglobalbid.com for online auctions, viniq.com to manage car dealerships ... And earlier, in 1995, wrote (he says modestly that is co-author) and published the book "The Idea Economy." This fall is announced the Segude party. According to his philosophy, the new economics of replacing Idea Economy is the Services and to apply them consistently in their activities. The book does not appear Amazon, although you can buy directly on its own page.

... And earlier, in 1995, wrote (he says modestly that is co-author) and published the book "The Idea Economy." This fall is announced the Segude party. According to his philosophy, the new economics of replacing Idea Economy is the Services and to apply them consistently in their activities. The book does not appear Amazon, although you can buy directly on its own page. Talos, the "financial arm" of IBN, seems not to have even a year. This' merchant bank 'is also an LLC company, although in some financial information companies Brazell appears as' owner.'' Put like that, "owner". In its corporate site appears the following address: 667 Madison Avenue, New York. It's probably one of the most unique office buildings in the city, if not the oldest: the rent costs more than $ 900 per square meter. It just moved, because until now the home of Talos was in a rather less illustrious, the number 540 of the same avenue. The digital brochures from their operations and products still carry the old address.

These financial products and the very existence of Talos Partners are the source of demand that was launched last June 29. Nearly two months before the signing of a strategic alliance to create Prisa IBN International. O IBN Prisa International, altered from the one that appeared on Sunday Brazell interview in El Pais. According to the 36-page lawsuit, the factotum of IBN and Talos, but not only with others, had "stolen" ideas and financial tools, breach of confidentiality, entered into the computer, copied documents and used their stay in a company called American Institutional Partners (AIP) to mount Talos. It should further misconduct committed by hiring several professionals and employees of AIP. According to the letter, Brazell was in the company three months, from November 2008 to January 2009.

The other defendants include those employees allegedly defectors and two lawyers of the law firm of AIP, Bryan Cave LLP. Not only have helped the alleged plundering of Equitap financial instrument, but the company would take over the work done for others. Rolling over the matter, two other prominent defendants are Stephen Norris, a friend of the Bushes and the Saudi Prince Al-Waleed bin Talal Al Saud, one of the richest men in the world, and Darl McBride, former president of Santa Cruz Operation ( SCO).

Three days later, Capital Madrid did a followup story [English translation], and here is a snip:
The astonishing story on Wednesday is being conducted [continued] in these pages. Prisa's new partner, American businessman and banker Robert Brazell, has been sued in federal court in New York on June 29, 2009 by his former business associates Parners American Institutional LLC (AIP) which, according they would have been the source of the merchant bank Talos. The allegations are not trivial against the already holds a 1% Haste and has committed to purchase 3.5% from the treasury and an additional 0.65% in warrants for six euros per share, two more of the Prisa trading Friday. The list of charges ranging from conspiracy to fraud, theft or misappropriation, a number of other offenses described in the application, which is summarized in the following paragraphs extracted. On Aug. 19, the defendants, among which are an aide to former U.S. President George Bush and a Saudi billionaire prince responded before the same court. None of this is true, they say, and strike back against the plaintiffs. A week later, Juan Luis Cebrian announced in New York, at the same venue on the Nasdaq, the agreement between Rush and Robert Brazell, president of Talos and In-Store Broadcasting Network.

Yesterday, the Colombian magazine Semana published an interesting interview with Juan Luis Cebrian, whom he calls "the strong man of Prisa. The full text can be read in the press release attached to the bottom of this article. Predictably, no questions on the fraud claim that is pending Robert Brazell, along with other defendants in federal court in New York. They follow some paragraphs translated from the English original. Also included are excerpts from the statement of opposition filed at the same court by the defendants.

Here's the Semana article referenced [English translation]. It's hard to be sure, what with two languages being in the picture, whether Capital Madrid imagines a personal friendship with the Bushes from the fact of Norris being appointed to a committee during that administration, or if it knows more than I do. Here's a snip of the Semana interview:
SEMANA: What is the announcement they made at Nasdaq in New York? JUAN LUIS CEBRIÁN: We agreed to sell to 4.5 percent of Grupo Prisa Talos Partners. The Chairman of Talos, Robert Brazell is, in turn, the majority owner of IBN (In-Store Broadcasting) with whom we have created a new company. Robert Brazell was named by Fortune as one of 20 leading businessmen in the world in the technology area.

SEMANA: Why did the listing on the Nasdaq? JLC: Nasdaq firms agglomerate in technology and media leaders like Microsoft and NewsCorp. We are working on a process of transforming a company Prisa leader in the digital age, McCausland & Company advised by an internal team of international advisers. We will deliver our content to consumers regardless of medium or distribution platform ( 'Device Agnostic'), powering our digital assets and other technologies such as IBN. Violy & Company presented us with the opportunity to partner with IBN because its patented technology fits with this strategy.

SEMANA: Is this the strategic partner seeking?

JLC: Robert Brazell is one of the strategic partners in regard to future technological development of Prisa, and its educational content and visual skills.

SEMANA: How big is this alliance?

JLC: We form Prisa IBN International, a company that will distribute audiovisual content 50-50 in shops, stores and supermarkets in Spain, Portugal and Latin America. We will also expand our presence in the U.S. Hispanic sector. In this society, IBN will contribute its successful experience and personalized communication technology in retail outlets and Prisa produce audiovisual content and to support the commercial effort with its sales force.

Might this explain why a guy using various nyms, who says he is Costa Rican, suddenly appeared on the Internet in support of SCO, insulting and threatening any who are not in support of SCO's position? Just asking. And one final little piece, a recent BBC News article about a split in the Saudi royal family.

I have no idea if any of these details are significant or just a footnote, but with threats in the air, any part of it might prove significant someday, and my job, as I say, is just to put it all out there.

Update: A reader noticed this 1997 Deseret News article about an FTC action involving Brazell:

Also named in the FTC complaint are well-known Utah businessman Mark O. Haroldsen; Financial Freedom Report Inc.; Silent Sales Force Inc.; Eleva Inc.; American Home Business Association Inc.; FFR Marketing; Robert Brazell; Don S. Gull; Kelly Haroldsen; Annette Brazell; and Dana Gull.

According to the FTC, the defendants used false testimonials and other deceptive advertising techniques to convince customers that they could make a lot of money quickly by purchasing home-based business venture materials offered by FreeCom.

Here's the final outcome.

  


Some Background on the Pelican Case - Updated | 199 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here
Authored by: bbaston on Thursday, September 24 2009 @ 04:09 PM EDT
... so PJ can find them. Thanks!

---
IMBW, IANAL2, IMHO, IAVO
imaybewrong, iamnotalawyertoo, inmyhumbleopinion, iamveryold

[ Reply to This | # ]

Off Topic here
Authored by: bbaston on Thursday, September 24 2009 @ 04:10 PM EDT
... with clicky links when appropriate, of course.

---
IMBW, IANAL2, IMHO, IAVO
imaybewrong, iamnotalawyertoo, inmyhumbleopinion, iamveryold

[ Reply to This | # ]

News Picks comments here
Authored by: bbaston on Thursday, September 24 2009 @ 04:12 PM EDT
Since Newspicks scroll off the "leaderboard" in time, a link to the
article being commented on would be nice.

---
IMBW, IANAL2, IMHO, IAVO
imaybewrong, iamnotalawyertoo, inmyhumbleopinion, iamveryold

[ Reply to This | # ]

Some Background on the Pelican Case
Authored by: Anonymous on Thursday, September 24 2009 @ 04:48 PM EDT
PJ - Do you need a better than Google translation?

[ Reply to This | # ]

Prisa is facing a 5 Billion Euro debt call
Authored by: Anonymous on Thursday, September 24 2009 @ 04:49 PM EDT
Prisa, the Spanish media conglomerate, that partnered with Brazell is facing a ruinous deadline on a 5 billion Euro debt in October.

It has sought to sell off major assets to retire this debt. The negotiations have been unsuccessful so far. It wants to retain control of its book publishing subsidiary, and partners have rejected minority positions.

It is also trying to sell a cell phone network for 2.5 Billion euro, this sale may be consumated, but the negotiations have dragged for more than a year, and several potential buyers have dropped out.

The Brazell deal is really just a stopgap. It only demonstrates how little genuine interest there is in the Prisa assets. The PRS.MC stock price is trading steadily downward recently, likely on doubts about its ability to fund a debt roll-over. The situation for Prisa is serious and difficult for it to extract itself from.

[ Reply to This | # ]

Association with Al-Waleed bin Talal Al Saud
Authored by: Nagle on Thursday, September 24 2009 @ 05:55 PM EDT

A few months ago, there was a problem with some outfit called "Rockwick Capital" on Wikipedia. A large number of phony accounts were involved in putting references to Rockwick Capital into multiple articles, including ones to Talial saying "(Al-Waleed bin Talal) has amassed his wealth through his numerous investments and via selling medium term notes, bank guarantees, and standby letters of credit, through his law firm/broker Rockwick Capital." That spam was detected by Wikipedia admins and purged out of Wikipedia, but not before it was picked up by many Wikipedia clones and by the Financial Times of India.

Could this be something similar?

[ Reply to This | # ]

How Long Now?
Authored by: Anonymous on Thursday, September 24 2009 @ 07:08 PM EDT
At this point, does anyone have any idea when the main litigation against SCO is
likely to finish? This is what, 6 years now? And closing in on 7?

I'll be glad when the courts finally drive the last stake through its heart and
their Supreme Court appeal is denied cert.

[ Reply to This | # ]

FTC named Brazell in 1997 suit for a "work-at-home" scam
Authored by: Anonymous on Thursday, September 24 2009 @ 07:20 PM EDT
Source: "False testimonials and deceptive advertising"
Amended complaint targets home-based firms' promoters
Published: Wednesday, April 9, 1997 12:00 a.m. MDT

The Federal Trade Commission has filed an amended complaint against the Utah promoters of home-based business ventures.

The action seeks to keep alive an FTC lawsuit accusing FreeCom Communications Inc. and its officers of false and misleading sales practices that have cheated "thousands of people" nationwide.U.S. District Judge David Sam dismissed the original complaint in February, saying the FTC and Utah attorney general had failed to support their claims.

FTC attorney David M. Newman said, "The amended complaint cures the technical issues raised by the court and reflects the Commission's desire to resolve the case based on the evidence of defendants' deceptive conduct."

Also named in the FTC complaint are well-known Utah businessman Mark O. Haroldsen; Financial Freedom Report Inc.; Silent Sales Force Inc.; Eleva Inc.; American Home Business Association Inc.; FFR Marketing; Robert Brazell; Don S. Gull; Kelly Haroldsen; Annette Brazell; and Dana Gull.

According to the FTC, the defendants used false testimonials and other deceptive advertising techniques to convince customers that they could make a lot of money quickly by purchasing home-based business venture materials offered by FreeCom.

"In truth and in fact, few, if any, purchasers of defendants' home-based business ventures earn substantial income from these ventures," the FTC said.

FreeCom lawyer Richard W. Casey and his clients have consistently denied the accusations, saying an "overzealous federal agency" is resorting to intimidation to put the company out of business.

They said the company has "thousands of satisfied customers throughout the United States who know that FreeCom stands behind its products."

[ Reply to This | # ]

Most Interesting Talos affiliate: George Todd
Authored by: Anonymous on Thursday, September 24 2009 @ 08:36 PM EDT
George Todd Bio from Talos page George Todd

George Todd brings to Talos Partners more than 20 years of experience building successful entrepreneurial technology companies. He has focused on strategic financial development, using his extensive background in building proforma plans, capitalization planning and early stage funding and executive planning.

In the investment banking arena, Mr. Todd has provided strategic business development services to numerous technology companies. He was a Managing Director of Convergent Technology, an investment banking firm, and specialized in assisting early stage technology companies.

He has expertise in the development and execution of strategic business and financial plans, strategic Intellectual Property development and has raised private equity capital through a broad network of high wealth individuals, venture capital and private equity funds. Over the last 10 years he has been involved with numerous software firms including those in the wireless software, smart parking, media, real estate and entertainment sectors. Mr. Todd's experience covers a number of other market sectors, including wireless data transfer, internet reseller/retail, various software markets, and plastics technologies.

George Todd is based out of Seattle, Washington and services Talos' clients in the Pacific Northwest, including Seattle, Portland and Vancouver BC.

[ Reply to This | # ]

crypto export
Authored by: xtifr on Thursday, September 24 2009 @ 09:08 PM EDT

Ironically, the current US crypto export regulations are heavily biased in favor of open source! Not long after the regs were changed, the Debian project (after consulting a Lawyer loaned to them by HP) began sending in notifications to the US gov't of each piece of software added to their archive, saying, essentially, "this program may contain strong cryptography either now or in the future." Not only was the gov't not upset by this inundation of notifications, but they were actually so happy that they declared Debian an exemplar for others!

But the true irony is that this was happening around the same time that Caldera was undergoing some fairly drastic changes, which resulted in them changing their name to SCO and suing the world. They'd almost certainly been hampered by the crypto regulations up to that point, as had every US-based Linux company, but if they'd stuck with Linux and free software, they would have seen most of those problems disappear. Instead they began pushing a proprietary software agenda that would leave them still struggling to fulfill the requirements of a worldwide market for cryptographically secure software. While companies like Red Hat and IBM saw issues with crypto export vanishing, Caldera/SCO managed to remain one of the only companies still in danger of violating the export laws they started accusing others of violating.

---
Do not meddle in the affairs of Wizards, for it makes them soggy and hard to light.

[ Reply to This | # ]

  • It's a non-issue - Authored by: Anonymous on Friday, September 25 2009 @ 04:38 PM EDT
Some Background on the Pelican Case - Updated
Authored by: TemporalBeing on Friday, September 25 2009 @ 03:21 AM EDT
<blockquote>I always remember at the beginning of the saga a SCO
executive, Chris Sontag, saying we shouldn't be surprised if the government
submitted an amicus brief in the SCO v. IBM case. That implied to me that they
expected an appeal, at least, at which point they thought the government would
support them, allegedly because of concerns about terrorists using Linux. If you
recall, one of SCO's allegations in its complaint is that IBM had violated
export regulations.</blockquote>

Actually, Linux is heavily used by at least the US Gov't (and I imagine many
others), so it would be very surprising if any official in the gov't provided
support to SCO. May be they will support it unofficially, but they wouldn't
likely be able to do so officially on behalf of the gov't.

If I recall correctly, there may also be a mandate in the gov't to use more open
source technology.

I know the gov't CTO (at least a couple years back (under Bush) was very very
much in favor of open source and pushed it - making it harder for companies to
push proprietary solutions. I don't know if he is still the CTO or not, or what
the current administration's policy is per open source; but I would imagine that
the push for Linux/Open source has only grown.

[ Reply to This | # ]

Darl McBride, former president of Santa Cruz Operation?
Authored by: rsteinmetz70112 on Saturday, September 26 2009 @ 03:13 AM EDT
Is he really gone?

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Saudi Arabia and Terrorism
Authored by: Anonymous on Saturday, September 26 2009 @ 12:01 PM EDT
When an Air India flight from Kathmandu (Nepal) to New Delhi was hijacked
several years back, it was taken, initially to Pakistan and later to Saudi
Arabia, where the hijackers got further arms and ammunition. The flight later
took off for Kabul. This was during the Taliban rule in Kabul.

To the common Indian (but not the Government, for diplomatic reasons), Saudi
Arabia directly supports terrorism.

Just mentioned because somebody with a member of the Saudi Royal family is
talking about the terrorism threat.

[ Reply to This | # ]

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