[Not] New Tosin Abasi signature [maybe] in the works - Abasi Guitars[Concepts] w/[out] Frank Falbo

Discussion in 'Extended Range Guitars' started by HeHasTheJazzHands, Nov 7, 2015.

  1. diagrammatiks

    diagrammatiks SS.org Regular

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    Because a criminal doesn’t invalidate the shares that frank owned.

    Sorry this is a really simple concept to me. I don’t really know how to explain it any better.

    If my cfo committee murder and went to jail for 10 years they’d cost me a hell of a lot more then 13k. I’d still have to try and get my shares back.
     
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  2. Dayn

    Dayn silly person

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    Believe it or not, but many people just want to wind their shit up ASAP and not incur outrageous legal fees to spite the other. It's a commercial decision. That's why every settlement I've drafted or have been sent has included a term that it's being made on the basis of commercial convenience without anyone admitting fault.
     
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  3. iWantedAnAbasi

    iWantedAnAbasi SS.org Regular

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    Okay, I might just be not making myself clear here, so let's use a personal example of one of my settlements. This stemmed from me and another person getting in a car wreck. I/my insurance settled with the other person/their insurance. In this scenario, I was paid money. As part of the agreement in which I was given that money, I agreed to never take legal action against the other person for anything else. I can't sue them for any damages, and I can't go file criminal complaints against them either. If I did, they would just cite the settlement agreement and probably come after me for violating it.

    Now, if I had ever believed this person who I settled with did more damage to me than I got in compensation, why would I agree to that settlement? And why would I accuse them of doing something in a public forum when it was clearly not possible for me to go after them and calling them a criminal embezzler would just make me a libeler?
     
  4. ElysianGuitars

    ElysianGuitars SS.org Regular

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    If the agreement was written by Tosin's lawyers, wouldn't they fight for that money back when settling? Wouldn't that make things a lot simpler?
     
  5. diagrammatiks

    diagrammatiks SS.org Regular

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    So you have no shares, stakes or partnership equity in this story. So I’m just going to pretend like you meant to write a different more relevant story here.
     
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  6. Dayn

    Dayn silly person

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    Because it's a cost/benefit analysis of fighting it.

    I've yet to have a client be willing to pay me thousands of dollars and spend years fighting a matter they could quickly and simply resolve with a few signatures. If you know these people, send them my way - I'll take their money.
     
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  7. ElysianGuitars

    ElysianGuitars SS.org Regular

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    Seems like who paid who in the settlement is important then.
     
  8. Hollowway

    Hollowway Extended Ranger

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    I think what diagrammatiks is saying is that one can have a settlement in one area, and not in another. In other words, in your car situation, maybe you could settle the repairs to the car, but not the personal injury part. Idk if that is such a thing, but I think that it's possible to have multiple areas of interest that are independent of each other legally. Who knows, maybe you would have to do a settlement to dissolve a partnership before you're able to make a lawsuit against the other partner. I have no idea, but none of us can really do anything other than speculate and argue for distinct hypotheticals. It's fun to debate these things, but there's no way we're going to figure this out without any details and a law degree.
     
  9. diagrammatiks

    diagrammatiks SS.org Regular

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    Let’s just try this with an example.

    Person a “borrows some company money.

    Person b - hey man you “borrowed a lot of money how about giving it back.

    Person a ok

    Person b actually that was uncool. We need your shares back.

    Person a. No.

    What now brown cow.
     
  10. narad

    narad SS.org Regular

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    ITT: a bunch of guys making Frank look bad with their whiney AF probing into the circumstances of a settlement. You guys are 100% not doing Frank any favors right now.
     
  11. ElysianGuitars

    ElysianGuitars SS.org Regular

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    "Ok you're out, let's settle this out of court, taking into account you took this money" seems pretty logical, to wrap things up quickly as you guys are saying.
     
  12. ElysianGuitars

    ElysianGuitars SS.org Regular

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    I'm glad you're here to set us straight.

    You're still reading, so guess you don't have anything better to do.
     
  13. Dayn

    Dayn silly person

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    Pretty much. A car accident could have a personal injury claim plus another claim for damages due to the damaged car. If something was being towed that was also destroyed, there's another cause of action for damage to that property as well. And that is all separate to any possible criminal offence the bad driver committed.

    For a partnership, the important thing is to wind it up, as partners are jointly liable for the debts of the partnership. If there are looming debts, and you want to end the partnership, you don't want that shit hovering over you - rip the bandaid off and get it wound up ASAP.
     
  14. axxessdenied

    axxessdenied Arium Addict

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    The settlement was to separate the two entities from being in a business relationship from my understanding. The case with the money being embezzled seems to be a separate issue that still might not be resolved?

    But, all I can do is speculate.

    There's seems to be quite a few people in here making rather idealistic assumptions about how the legal system works. When you deal with lawyers and go through that bullshit you realize it's a game of who's got more money so it's in your best interest to minimize how much time you spend dealing with lawyers because at the end of the day they just win the longer you squabble over stuff. Now, I don't know what the details of the settlement are but from what I can see Tosin does not seem to be worried about it. Whatever backlash he faces from this is all on him and he seems to be ready for whatever blow-back might come from this. Again, just my observation watching this unfold.
     
  15. diagrammatiks

    diagrammatiks SS.org Regular

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    So you would pay the difference between the legal fees in order to make it happen fast. Like any reasonable person would. Otherwise you’re are stuck in legal proceedings with someone that has significant equity in your company.

    I just feel like you don’t really understand how brutal stripping equity shares from someone actually is.
     
  16. Jonathan20022

    Jonathan20022 Engineer

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    Elysian already up front told us about his personal bias and stance on the situation, so why are expecting anything more than what we're getting? You say you have inside information, not considering that he could very well be fabricating or exaggerating his explanation of the situation to you. But you clearly don't know enough since you're questioning basic information that you could confirm by just ringing up your buddy and ask him "Hey, did you get paid off in the settlement or not"? :lol:

    Wether or not he paid Falbo off during the settlement has the least amount of importance in the span of this entire shitshow. And like Narad pointed out, you and the shill posters are doing nothing in favor of Frank's defense here, no one is telling you to stop. But it's clearly embarassing, so take a hint and let the involved parties handle their settlements and issues.
     
  17. narad

    narad SS.org Regular

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    On the other hand, the longer it goes on the lower my desire to visit r/cringe.
     
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  18. Randy

    Randy Sous Chef Super Moderator

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    Could do without the condescension and still make the point.
     
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  19. Randy

    Randy Sous Chef Super Moderator

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    Considering Elysian knew Frank before, during and after this fiasco, his perspective is just as valid as any of us that are significantly less involved. You're right, Frank could've been feeding him a line, and I'm not necessarily considering it hard evidence but if Frank was reporting to him regularly as things were going on, it's not unreasonable to believe Elysian was given an impression on what was going on, when it was going on and this isn't 100% interference just because it's his friend.

    But yes, to the overall point, the onus is currently on Frank and he's also done none of this supporters any favors by not offering them any substance despite the fact they were willing to be tarred and feathered in here, whether it was out of faith or loyalty.

    If he wants to not say anything out of legal concerns fine but there's questions that have been asked that can be answered without necessarily damaging his case, but instead we got one cryptic, overly pious but still accusatory reply and that's it. If he's at all culpable for any of the stuff he's been accused of, however, and hes just leaned on fibbing to his friends to save face, he absolutely owes it to them to come clean so that they can stop coming in here to get crucified for nothing.
     
    Last edited: Jan 20, 2019
  20. narad

    narad SS.org Regular

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    Fair enough but I think it was hinted at in more polite and passive ways several times already.
     
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