zties's Profile
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John M. O'Quinn, allstar Houston Lawyer who reresented Vyta Corp and Nanopierce in various actions, including the Nanopierce suit against the DTC and Harvest Court, was killed Thursday in a one-car accident. O'Quinn was best known for his victories in "big Tobacco" and faulty breast implant litigation.
http://www.hcnonline.com/articles/2009/10/31/conroe_courier/news/oquinn1031.txt
-zties
IvanK095,
Do you have substantive information that would seem to conradict this SEC filing?
Thanks in advance.
-zties
IvanK095,
FYI, Stan Richards was acquitted in 1977.
ABRAHAM B. GOLDBERG AND WILLIAM AXEL BERNHARD SENTENCED;STANLEY RICHARDS ACQUITTED
The Denver Regional Office announced that Abraham B. Goldberg and William Axel Bernhard,both of Colorado, and officers and directors of Institutional Securities of Colorado,Inc. (ISOC), a registered broker-dealer in Denver, Colorado pled guilty on July 28 to a three count information charging them with violating the antifraud and net capital provisions of the Securities Exchange Act of 1934 and with conspiracy to violate the antifraud, net capital, recordkeeping and broker-dealer reporting provisions of the Exchange Act and certain Sections of Title 18 of the United States Code. Also on July 28 ISOC pled nolo contendere to violating the net capital provisions of the Exchange Act. On September 2 Goldberg and Bernhard were sentenced by the Honorable Richard P. Matsch, U.S. District Judge, to eight days in jail, a $5000 fine and two years probation which is conditioned upon each performing 408 hours of charitable work. On the same day, ISOC, presently in
a trusteeship, pursuant to the Securities Investor Protection Act was sentenced to a fine of one dollar. At the time of sentencing, the court granted the U.S. Attorney's motion to dismiss the 40 count indictment returned on April 15 against these defendants.
On September 29 Stanley Richards, who had also been charged in that indictment with violating certain provisions of the Securities Exchange Act of 1934, was found not guilty by a federal jury. (U.S. v. Institutional Securities of Colorado, Inc., et al., U.S.D.C., 77-CR-128). (LR-8l67)
-zties
Dugan,
Regarding, "I received a E mail that makes a number of Statements about past employees of Bioagra who might be looking to go out on there own."
As far as I know, the following are the only "past employees" of BIOAGRA, LLC:
Neal Bartoletta, President and CEO
"Chick" Mihaliach, V.P. of Operations
Kevin Young, Director of Sales
Chris Nunn, VP of Operations
Dr. Nino Sorgente, VP of Research and Development
I met one other person who was serving as "Plant Manager" during my second visit to BIOAGRA, LLC in Hinesville. Unfortunately, his name escapes me, but I know his employment ended several years ago and I have not heard his name since. There may also have been one or two other people employed to perform various clerical and/or receptionist duties, and for a while, there was a janitor. I do not recall any of these employee's names because their employment was short lived and I never met them.
As far as I know, Chris Nunn was the last remaining employee of BIOAGRA, LLC when the company ceased operations on May 15, 2009. I do not know what arrangements existed with Mr. Nunn at that time, how he was compensated, or if he was still "on the payroll" when the Company ceased operations.
Neal Bartoletta's "employment" ended with the announcement, on November 5, 2008, that Vyta Corp had retained 100% ownership of BIOAGRA, LLC. According to the documents filed, Mr. Bartoletta stepped down from the position of CEO, and Paul Metzinger became the sole Director. Mr. Bartoletta was to recieve a severance package that included a monthly stipend and health benefits. He remained a consultant to the Company on an "as needed" basis. I do not know how Mr. Bartoletta's severance package is affected by the Company ceasing operations.
I met "Chick" Mihalick on my first trip to Hinesville in 2005. At that time, he was VP of Operations. He left the Company shortly thereafter, and Vyta Corp's 50% partner reorganized and changed its name from Xact Resources, Inc., to Justin Holdings, LLC. I do not know if the departure of Mr. Mahalick was in any way related to that organizational change. I have heard nothing about him since that time.
I never met Kevin Young, but have always heard very good things about him as a person. Mr. Young left his position in sales at BIOAGRA, LLC approximately 3 years ago, and took a position with another company located in South Carolina.
On October 8, 2008, Dr. Nino Sorgente's employment as VP of Research and Development with BIOAGRA, LLC was terminated and he became an "Independent Scientific Consultant" to Vyta Corp. (See excerpt from press release posted below.) I do not know what arrangements, if any, existed between Vyta Corp and Dr. Sorgente regarding compensation for his consultation services. Dr. Sorgente has a long history of product development dating back several decades before his association with BIOAGRA, LLC. It is my understanding that after his termination at BIOAGRA, Dr. Sorgente continued to do his own independent research on a number of new beta glucan products and methods of manufacture while, at the same time, acting as a consultant to BIOAGRA, LLC on an "as needed" basis.
There were several other "Independent Consultants" who were assigned job titles by BIOAGRA's Management, but who were not employees of BIOAGRA, LLC. The rationale was explained to me by (then) President and CEO, Neal Bartoletta, that assigning these job titles lended credibility to the Company. Among those independent consultants were: Dr. Young Park, Sean D. Register, William C. LowenKamp, and Warren Robold.
It is my understanding that Dr. Park made one trip to Asia several years ago on behalf of the Company.
I met Mr. Register during a visit to Hinesville in November 2008. It is my understanding that he continued to provide industry expertise to BIOAGRA, LLC, through, at least, the end of 2008, and perhaps into 2009. I have no knowledge that he was ever compensated for any of his consulting, other than perhaps with lunch and a couple of beers.
Dr. Lowenkamp, as far as I can determine, had no active role in BIOAGRA, LLC, other than perhaps as a consultant in the very early days of setting up the Company.
Several years ago, Mr. Warren Robold's company, Agra Nutrition, became an exclusive independent distributor for BIOAGRA, LLC's products within certain territories. Based on conversations with Vyta Corp Management, it is my understanding that the exclusive agreements related to those territories were allowed to expire after Vyta Corp retained 100% ownership of Bioagra, LLC, and that those agreements were subsequently NOT renewed by Vyta Corp or BIOAGRA, LLC.
I'm sad to say, but it seems to me that everyone on this list is "out on there [sic] own" already.
-zties
DENVER, Oct. 8 /PRNewswire-FirstCall/ -- vyta corp (OTC Bulletin Board: VYTC) today announced that effective October 7, 2008, Dr. Nino Sorgente has been formally engaged as an independent scientific consultant to vyta corp. Dr. Sorgente was formerly Vice President of Research and Development at BIOAGRA, LLC, a joint venture, equally owned by vyta corp and Justin Holdings, Inc. On September 15, 2008, vyta corp announced its filing of foreclosure litigation against BIOAGRA, LLC. BIOAGRA, LLC manufactures, markets and distributes AGRASTIM(R), a proprietary all-natural, biologically active yeast Beta-1,3/1,6-D-glucan feed supplement.
"We are pleased to retain the services of Dr. Sorgente," said Paul H. Metzinger, President and CEO of vyta corp. "Dr. Sorgente is recognized as one of the leading Beta glucan researchers for his contributions to the cosmetic, medical and agricultural applications of Beta glucan."
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-zties