Tag: LLC

Dillon County School Board Attorneys Interfere in House District 55 Campaign

(Jack Scott pictured above)

Attorneys representing the Dillon County Board of Education have involved themselves in the current primary campaign for the Democratic nomination for S.C. House District 55.

White and Story, LLC sent a letter to candidate and current Dillon County Council member Jack Scott requesting Scott remove some posts from “your social media site relating to your political campaign.”

The attorneys requested Scott remove posts allegedly containing “misleading communications” and “patently false information” and “cease and desist from making any other defamatory statements.”

The four-page letter goes on to address specific lines in various posts on Scott’s website with additional exhibits of the full posts included with the communication. (Click on the link below to view the letter and exhibits).

What is particularly interesting is the areas of emphasis, according to lawyer bios on the firm’s website, are: providing advice and counsel on issues relating to personnel matters, student discipline, the education of students with special needs, policy development, board/executive officer relations and tort issues.

The issues addressed in the letter, however, deal with free speech protections of the First Amendment to the U.S. Constitution. The letter appears to specifically take issue with core political speech, the form of speech elevated above all others in protections against its restriction, according to numerous U.S. Supreme Court decisions over the years.

The letter cherry picks sentences or phrases from larger texts to demonstrate what the attorneys allege are “misleading” or “patently false” statements. However, when viewed within the context of the larger posts in which they are contained, the statements objected to seem to be well within the general form of core political speech practiced by the vast majority of politicians today and quite tame compared to what spews forth from the White House on a weekly basis via Twitter.

Continue Reading →

Efforts to Debunk Karon Mitchell Lawsuit Flawed

(Ed. Note – Some negative reactions heard locally to the Karon Mitchell lawsuit are like the Chinese fireworks pictured above – loud and colorful but, in the end, just smoke.)

On April 5, 2018 at 3:05 p.m., Karon Mitchell filed a lawsuit against the Myrtle Beach Area Chamber of Commerce (MBACC), the City of Myrtle Beach and Horry County alleging misuse of tourism development fee (TDF) and accommodations tax (ATax) public funds.

In response to the lawsuit, MBACC issued a blanket denial of the allegations and at least one local television news outlet in the area attempted to, in its words, “fact check” the allegations.

The MBACC response came in a media statement issued April 6, 2018, by board chair Carla Schuessler:

“Today we had an opportunity to review the lawsuit that was filed against us, and l am disappointed to see that we will have to divert our time and resources to address this case which is full of conjecture, innuendo and inaccurate statements. The Chamber complies with all applicable laws regarding the use of public funds and selects vendors based on best business practices.”

The Chamber statement went on to say it will hold a press conference next week to accurately address the statements in the lawsuit.

The local news outlet broadcast a story April 6, 2018 where it claimed to find discrepancies, between claims in the lawsuit and MBACC public disclosure documents, with respect to public money spent with what are called in the lawsuit “crony companies.” According to the lawsuit, crony companies are companies formed by former and/or current Chamber employees and, in at least one instance, a company owned by a MBACC executive board member.

This appeared to be much ado about nothing as the MBACC public disclosure documents used generic descriptions instead of specific vendor names for some of the expenses listed. If those challenged expense amounts did not go to any of the crony companies, next week’s MBACC press conference can “accurately address” those statements and tell us exactly what company did receive the payments.

Another area addressed in the media story was a statement in the lawsuit that “the chamber funneled tourism tax money through the crony companies to contribute to politicians supported by the chamber.” 

Continue Reading →

Records Reveal Different Picture of Founders Group International

When Nick Dou filed a lawsuit against Dan Liu and three Chinese corporations last week, he brought to light much more than one Chinese partner of Founders Group International, LLC suing other Chinese partners.

According to the lawsuit, Dou owns 10 percent of approximately 16 LLCs with one or more of three Chinese corporations owning the other 90 percent of each LLC. The parties primarily conducted business locally as Founders Group International, LLC.

Dan Liu appears not to have a direct ownership interest in any of the 16 LLCs, but rather acts as exclusive U.S. business agent for the three Chinese Corporations.

However, further research on business transactions involving one or more of the LLCs as well as the three Chinese corporations revealed that Liu now appears to hold mortgages on virtually all of the collective Founders Group International, LLC golf courses and development property in Horry and Georgetown counties.

Between February 2017 and May 2017, well over $100 million in promissory notes and mortgages were transferred to Dan Liu in a series of approximately 25 transactions recorded in Horry County.

Seventeen of the recorded transactions assigned promissory notes and mortgages from one or more of the three Chinese corporations for which Liu allegedly acted as exclusive U.S. agent to Liu. Papers for eleven of the transfers to Liu were signed on February 3, 2017 and recorded on February 10, 2017 and papers for the remaining six transfers were signed on April 28, 2017 and recorded on May 25, 2017.

The remaining transactions were preliminary assignment of promissory notes and mortgages so they could ultimately be assigned to Liu.

Continue Reading →

Chinese Fireworks Erupt Over Founders Group International, LLC

Fireworks have erupted between the two Chinese principal owners of Founders Group International, LLC (FGI) as Nick Dou, one owner of the corporation, filed suit against Dan Liu, the other owner of the corporation, and three Chinese corporations Liu allegedly acts as exclusive agent for, in 15th Judicial Circuit Court on June 22, 2017.

According to the complaint, case number 2017-CP-2603932, Dou alleges Liu was stripping assets out of the corporation for personal and other uses. The suit alleges breach of contract, fraud and conversion by Liu.

Additionally, Dou asks for a full accounting of corporate assets as well as a temporary restraining order directing Liu “shall not divert, remove, alienate, convert, encumber or otherwise manipulate any corporate assets of FGI or any of the other FGI Entities for his personal use or benefit, until such time as the claims raised in this action have either been resolved by this Court, settled and/or withdrawn by the Parties to this action…”

The filing also states, “Plaintiff Nick Dou is informed and believes that the assets and property of FGI and the affiliated FGI Entities are at grave risk and danger of loss, and of material injury and impairment, at the hands of Defendant Dan Liu, if such property and assets are left under the exclusive control of Defendant Dan Liu.”

Dou asks the Court to “exercise its authority pursuant to S.C. Code Section 15-65-10, et seq., and immediately appoint a receiver over the property, assets, and operation of FGI and the affiliated FGI Entities.”

The three Chinese corporations named as co-defendants with Liu are: Jiangsu Tianru Danfo Commerce and Industry Co., Ltd., Nanjing Shuojun Trade and Industry Co. and Nanjing Xinyuanyuan Commerce and Trade Co., Ltd.

According to the complaint, all three corporations are organized and existing under the laws of the Peoples Republic of China and none of the three corporations have been “admitted to or authorized to conduct business in South Carolina.”

Continue Reading →

The Adult Entertainment Industry Strikes Back

The first salvo from the adult entertainment industry was launched just hours after a Horry County Council Ad Hoc Committee voted Thursday to go forward with new ordinances governing the time, place and manner of adult entertainment operations.

Todd Martin, corporate spokesperson for Airport Express Video, LLC sent a press release by e-mail to all members of county council as well as many media outlets.

The press release outlines Airport Express Video’s meetings with county staff, its business license history and other interactions with the county. It also explains why Airport Express Video believes the new county ordinances to be unconstitutional and asks some interesting questions about other types of businesses.

Continue Reading →
Reynolds Williams, The Timber Company And Our $25 Billion Pension Fund

Reynolds Williams and… that timber company

S.C. Treasurer Curtis Loftis has requested S.C. Attorney General Alan Wilson to investigate the actions of S.C. Retirement System Investment Commission chairman Reynolds Williams with respect to a joint investment the commission made with American Timberlands, LLC.

Loftis said the investment seemed straightforward at the time, but information he became privy to after the commission vote brings to light possible conflict of interest problems for Williams and possible criminal violations.

The investment commission took up the matter of the investment during its November 2011 Wampee Reteat and business meeting. Commission members, less Williams who was not present for the vote, approved the investment.

Continue Reading →