Go Back   Winnipesaukee Forum > Winnipesaukee Forums > General Discussion
Home Forums Gallery Webcams Blogs YouTube Channel Classifieds Calendar Register FAQDonate Members List Search Today's Posts Mark Forums Read

Reply
 
Thread Tools Display Modes
Old 10-28-2022, 10:29 AM   #1
TheTimeTraveler
Senior Member
 
Join Date: Aug 2015
Posts: 816
Thanks: 256
Thanked 259 Times in 157 Posts
Default West Alton Marina Manager finally indicted

Former West Alton marina Manager John Murray III has been indicted on Federal charges of child pornography (12 counts) and sex trafficking (4 counts) from incidents dating back to 2015.

Long overdue!
TheTimeTraveler is offline   Reply With Quote
The Following 3 Users Say Thank You to TheTimeTraveler For This Useful Post:
lagoon (12-10-2022), Mgirard (03-31-2023), Rattlesnake Gal (12-11-2022)
Old 10-28-2022, 12:44 PM   #2
TiltonBB
Senior Member
 
Join Date: Feb 2005
Location: Gilford, NH and Florida
Posts: 2,881
Thanks: 637
Thanked 2,147 Times in 894 Posts
Default

Full story on WMUR

https://www.wmur.com/article/west-al...arges/41793972
TiltonBB is offline   Reply With Quote
Old 10-29-2022, 08:34 AM   #3
lagoon
Senior Member
 
Join Date: Jul 2012
Posts: 84
Thanks: 34
Thanked 14 Times in 8 Posts
Default

I hope he never sees the light of day again. I dealt with him and his "partner" who also is indited. They both are the worst kind of people and need to be confined.

The saga of the lawsuits will be long and painful for all involved but the marina will also change hands to the victims I believe.
lagoon is offline   Reply With Quote
Old 10-29-2022, 08:40 AM   #4
ishoot308
Senior Member
 
Join Date: Feb 2008
Location: Gilford, NH / Welch Island
Posts: 5,907
Thanks: 2,279
Thanked 4,924 Times in 1,906 Posts
Default

Quote:
Originally Posted by lagoon View Post
I hope he never sees the light of day again. I dealt with him and his "partner" who also is indited. They both are the worst kind of people and need to be confined.

The saga of the lawsuits will be long and painful for all involved but the marina will also change hands to the victims I believe.
Couldn’t agree more except with the “confined part…. If found guilty they should bring back public stoning!

Dan
__________________
It's Always Sunny On Welch Island!!
ishoot308 is online now   Reply With Quote
The Following 5 Users Say Thank You to ishoot308 For This Useful Post:
Electric man (10-31-2022), FlyingScot (10-29-2022), Major (10-29-2022), mhtranger (10-30-2022), Rattlesnake Gal (12-11-2022)
Old 10-29-2022, 12:14 PM   #5
Mr. V
Senior Member
 
Mr. V's Avatar
 
Join Date: Jun 2004
Location: the left coast (Portland)and West Alton
Posts: 1,319
Thanks: 61
Thanked 234 Times in 158 Posts
Default

Quote:
Originally Posted by lagoon View Post
The saga of the lawsuits will be long and painful for all involved but the marina will also change hands to the victims I believe.
I suspect that instead of the victims actually winding up owning WAM it will be sold to a third party and net sale proceeds will be distributed to the victims.
__________________
basking in the benign indifference of the universe
Mr. V is offline   Reply With Quote
The Following User Says Thank You to Mr. V For This Useful Post:
TiltonBB (10-30-2022)
Sponsored Links
Old 12-07-2022, 10:55 PM   #6
WinterHarborGuy
Senior Member
 
Join Date: Apr 2020
Location: Wolfeboro
Posts: 65
Thanks: 18
Thanked 35 Times in 19 Posts
Default Good news?

https://www.wmur.com/article/hearing...shire/42182625

Let’s hope he can’t harm anyone in his remaining life span.
WinterHarborGuy is offline   Reply With Quote
The Following User Says Thank You to WinterHarborGuy For This Useful Post:
lagoon (12-10-2022)
Old 03-23-2023, 07:04 AM   #7
TiltonBB
Senior Member
 
Join Date: Feb 2005
Location: Gilford, NH and Florida
Posts: 2,881
Thanks: 637
Thanked 2,147 Times in 894 Posts
Default Murray Sentenced

A 25 year sentence for a 56 year old should take care of the problem for a long time!

https://www.laconiadailysun.com/news...e6b7ee36c.html
TiltonBB is offline   Reply With Quote
Old 03-23-2023, 07:32 AM   #8
ishoot308
Senior Member
 
Join Date: Feb 2008
Location: Gilford, NH / Welch Island
Posts: 5,907
Thanks: 2,279
Thanked 4,924 Times in 1,906 Posts
Default Life!

Quote:
Originally Posted by TiltonBB View Post
A 25 year sentence for a 56 year old should take care of the problem for a long time!

https://www.laconiadailysun.com/news...e6b7ee36c.html
Unfortunately, a 25 year sentence means he will be out in 12 1/2 years...He should of got life!

Dan
__________________
It's Always Sunny On Welch Island!!
ishoot308 is online now   Reply With Quote
Old 03-23-2023, 08:34 AM   #9
Loventhelake
Senior Member
 
Join Date: Aug 2021
Posts: 58
Thanks: 3
Thanked 12 Times in 11 Posts
Default

Quote:
Originally Posted by ishoot308 View Post
Unfortunately, a 25 year sentence means he will be out in 12 1/2 years...He should of got life!

Dan
He has kidney cancer, he’ll be dead in less than 10…
Loventhelake is offline   Reply With Quote
Old 03-23-2023, 09:36 AM   #10
codeman671
Senior Member
 
codeman671's Avatar
 
Join Date: Jan 2005
Posts: 3,345
Thanks: 206
Thanked 759 Times in 443 Posts
Default

This was for the federal charges. He still faces State charges as well as 8 civil suits according to WMUR.

Hopefully Fortier gets similar.

I am sure prison won't be kind to them. These type of offenders aren't looked upon positively by fellow inmates.
codeman671 is online now   Reply With Quote
Old 03-23-2023, 12:58 PM   #11
Seaplane Pilot
Senior Member
 
Join Date: Apr 2004
Posts: 1,176
Thanks: 659
Thanked 943 Times in 368 Posts
Default

Quote:
Originally Posted by ishoot308 View Post
Unfortunately, a 25 year sentence means he will be out in 12 1/2 years...He should of got life!

Dan
Hopefully "Judge Bubba" will hand down a "stiffer" sentence...
Seaplane Pilot is offline   Reply With Quote
The Following User Says Thank You to Seaplane Pilot For This Useful Post:
ishoot308 (03-23-2023)
Old 03-23-2023, 03:38 PM   #12
codeman671
Senior Member
 
codeman671's Avatar
 
Join Date: Jan 2005
Posts: 3,345
Thanks: 206
Thanked 759 Times in 443 Posts
Default

Quote:
Originally Posted by Seaplane Pilot View Post
Hopefully "Judge Bubba" will hand down a "stiffer" sentence...
Thinking the other inmates will get "behind" him....
codeman671 is online now   Reply With Quote
Old 03-24-2023, 04:49 PM   #13
Seaplane Pilot
Senior Member
 
Join Date: Apr 2004
Posts: 1,176
Thanks: 659
Thanked 943 Times in 368 Posts
Default

Quote:
Originally Posted by codeman671 View Post
Thinking the other inmates will get "behind" him....
At least nobody will claim he is getting a “bum” rap!
Seaplane Pilot is offline   Reply With Quote
Old 03-30-2023, 05:50 AM   #14
TiltonBB
Senior Member
 
Join Date: Feb 2005
Location: Gilford, NH and Florida
Posts: 2,881
Thanks: 637
Thanked 2,147 Times in 894 Posts
Default Possibly Additional State Charges

Murray was also indicted on three counts of aggravated felonious assault and one count of sexual assault involving a victim aged 13 to 15. Those charges will be adjudicated at the state level.

https://www.laconiadailysun.com/news...6066b107f.html
TiltonBB is offline   Reply With Quote
Old 03-30-2023, 06:10 AM   #15
codeman671
Senior Member
 
codeman671's Avatar
 
Join Date: Jan 2005
Posts: 3,345
Thanks: 206
Thanked 759 Times in 443 Posts
Angry

Quote:
Originally Posted by TiltonBB View Post
Murray was also indicted on three counts of aggravated felonious assault and one count of sexual assault involving a victim aged 13 to 15. Those charges will be adjudicated at the state level.

https://www.laconiadailysun.com/news...6066b107f.html
Jack Shack? What the hell? The whole family should go down in flames for this. You can’t tell me that the sisters didn’t know of this. Put a for sale sign on it and lock then all up. I hope they lose the place to civil suits. Absolutely disturbing…
codeman671 is online now   Reply With Quote
The Following User Says Thank You to codeman671 For This Useful Post:
ishoot308 (03-30-2023)
Old 03-30-2023, 07:10 AM   #16
ishoot308
Senior Member
 
Join Date: Feb 2008
Location: Gilford, NH / Welch Island
Posts: 5,907
Thanks: 2,279
Thanked 4,924 Times in 1,906 Posts
Default Amen

Quote:
Originally Posted by codeman671 View Post
Jack Shack? What the hell? The whole family should go down in flames for this. You can’t tell me that the sisters didn’t know of this. Put a for sale sign on it and lock then all up. I hope they lose the place to civil suits. Absolutely disturbing…
Couldn't agree more!!

Dan
__________________
It's Always Sunny On Welch Island!!
ishoot308 is online now   Reply With Quote
Old 03-30-2023, 07:14 PM   #17
Mr. V
Senior Member
 
Mr. V's Avatar
 
Join Date: Jun 2004
Location: the left coast (Portland)and West Alton
Posts: 1,319
Thanks: 61
Thanked 234 Times in 158 Posts
Default

How has all of this negative publicity affected WAM?

It appears they're in the midst of an expansion.
__________________
basking in the benign indifference of the universe
Mr. V is offline   Reply With Quote
Old 04-13-2023, 08:37 PM   #18
TiltonBB
Senior Member
 
Join Date: Feb 2005
Location: Gilford, NH and Florida
Posts: 2,881
Thanks: 637
Thanked 2,147 Times in 894 Posts
Default Fortier Trial Delayed

Fortier’s attorneys say the defense needs additional time to examine certain documents related to the case.

A final pretrial hearing in Murray’s case has been scheduled for April 28, with jury selection set to begin on May 15.

https://www.laconiadailysun.com/news...10a1586b6.html
TiltonBB is offline   Reply With Quote
Old 04-18-2023, 06:09 AM   #19
Loventhelake
Senior Member
 
Join Date: Aug 2021
Posts: 58
Thanks: 3
Thanked 12 Times in 11 Posts
Default

Quote:
Originally Posted by Mr. V View Post
How has all of this negative publicity affected WAM?

It appears they're in the midst of an expansion.
It hasn’t, new 800’ of dock just installed with a current waiting list.
Also more dredging this summer for additional dock installation.
Loventhelake is offline   Reply With Quote
Old 04-21-2023, 09:27 AM   #20
CaptT820
Senior Member
 
Join Date: Mar 2012
Posts: 122
Thanks: 86
Thanked 46 Times in 27 Posts
Default Choices

People can make their own choices related to their knowledge of this entire situation. They will not be getting any of our money to pay for lawyer's fees. We'll let the legal system figure this out, and then decide if we want to have a slip at their facility.
CaptT820 is offline   Reply With Quote
Old 04-21-2023, 10:29 AM   #21
Cobalt 12
Banned
 
Join Date: Mar 2023
Posts: 65
Thanks: 47
Thanked 30 Times in 20 Posts
Default

Quote:
Originally Posted by CaptT820 View Post
People can make their own choices related to their knowledge of this entire situation. They will not be getting any of our money to pay for lawyer's fees. We'll let the legal system figure this out, and then decide if we want to have a slip at their facility.

No Problem. Your Loss! When we get done with the new facility it will be the envy of the Lake. I believe this is going to be just the start. 3 Years when the total project is done. All I can say now is " WOW ". Please have an incredible summer this season.
Cobalt 12 is offline   Reply With Quote
Old 04-21-2023, 04:49 PM   #22
FlyingScot
Senior Member
 
Join Date: Jun 2016
Location: Tuftonboro and Sudbury, MA
Posts: 2,208
Thanks: 1,108
Thanked 934 Times in 576 Posts
Default

Quote:
Originally Posted by Cobalt 12 View Post
No Problem. Your Loss! When we get done with the new facility it will be the envy of the Lake. I believe this is going to be just the start. 3 Years when the total project is done. All I can say now is " WOW ". Please have an incredible summer this season.
Did you really just throw shade at a guy who said he didn't want to give money to a child molester?
FlyingScot is offline   Reply With Quote
Old 04-21-2023, 07:35 PM   #23
TiltonBB
Senior Member
 
Join Date: Feb 2005
Location: Gilford, NH and Florida
Posts: 2,881
Thanks: 637
Thanked 2,147 Times in 894 Posts
Default

Quote:
Originally Posted by Cobalt 12 View Post
No Problem. Your Loss! When we get done with the new facility it will be the envy of the Lake. I believe this is going to be just the start. 3 Years when the total project is done. All I can say now is " WOW ". Please have an incredible summer this season.
"We?" Do you have an ownership interest in the marina?

Several potential buyers have looked at it as an investment but there is $8.5 million in debt on the property.

The second problem, after that debt, is the liens on the property from the victims who have suits against the offenders.

It would be difficult for anyone to purchase the property without knowing how it will all settle out and that will take time. What a mess!
TiltonBB is offline   Reply With Quote
Old 04-22-2023, 12:03 PM   #24
Mr. V
Senior Member
 
Mr. V's Avatar
 
Join Date: Jun 2004
Location: the left coast (Portland)and West Alton
Posts: 1,319
Thanks: 61
Thanked 234 Times in 158 Posts
Default

Is the ownership of WAM corportate, partnership, or sole proprietors?
__________________
basking in the benign indifference of the universe
Mr. V is offline   Reply With Quote
Old 04-23-2023, 07:43 AM   #25
upthesaukee
Senior Member
 
upthesaukee's Avatar
 
Join Date: Jan 2003
Location: Alton Bay
Posts: 5,544
Blog Entries: 2
Thanks: 2,393
Thanked 1,918 Times in 1,061 Posts
Default Llc

Quote:
Originally Posted by Mr. V View Post
Is the ownership of WAM corportate, partnership, or sole proprietors?
West Alton Marina LLC.

https://quickstart.sos.nh.gov/online...usinessID=4731

Dave
__________________
I Live Here... I am always UPTHESAUKEE !!!!
upthesaukee is offline   Reply With Quote
Old 04-23-2023, 12:24 PM   #26
John Mercier
Senior Member
 
Join Date: Jun 2021
Posts: 2,907
Thanks: 2
Thanked 523 Times in 431 Posts
Default

Customers won't be the problem.
Most businesses are experiencing strong customer demand in the area.
The issue will be employees.
John Mercier is offline   Reply With Quote
Old 04-23-2023, 02:05 PM   #27
Mr. V
Senior Member
 
Mr. V's Avatar
 
Join Date: Jun 2004
Location: the left coast (Portland)and West Alton
Posts: 1,319
Thanks: 61
Thanked 234 Times in 158 Posts
Default

As an LLC WAM stands firmly in the cross hairs viz. compensation of victims.

See: https://www.legalzoom.com/articles/p...llc-protection

I wonder how it will shake out?

Certainly the perpetrators interest in WAM will be liquidated and used to pay for any damages / restitution oredered.

How exactly might this happen, given there are other members of the LLC?

Stay tuned...
__________________
basking in the benign indifference of the universe
Mr. V is offline   Reply With Quote
Old 04-23-2023, 02:16 PM   #28
tis
Senior Member
 
tis's Avatar
 
Join Date: Jan 2006
Posts: 6,386
Thanks: 716
Thanked 1,375 Times in 951 Posts
Default

Quote:
Originally Posted by upthesaukee View Post
So if it's an LLC won't it be hard to sue the company?
tis is online now   Reply With Quote
Old 04-23-2023, 02:39 PM   #29
lagoon
Senior Member
 
Join Date: Jul 2012
Posts: 84
Thanks: 34
Thanked 14 Times in 8 Posts
Default

Quote:
Originally Posted by Cobalt 12 View Post
No Problem. Your Loss! When we get done with the new facility it will be the envy of the Lake. I believe this is going to be just the start. 3 Years when the total project is done. All I can say now is " WOW ". Please have an incredible summer this season.
That is a strange and uncomfortable response. Perhaps you are a family member to the owners but I think it is safe to say your response was compassionately zero.

What is clear is that the victims of the abuse will have an ownership interest in the business as they should. Brian and his wife are sick folks who will be kept up late in prison at night for social activities.
lagoon is offline   Reply With Quote
The Following 3 Users Say Thank You to lagoon For This Useful Post:
codeman671 (04-24-2023), ishoot308 (04-23-2023), mhtranger (04-24-2023)
Old 04-23-2023, 03:35 PM   #30
TiltonBB
Senior Member
 
Join Date: Feb 2005
Location: Gilford, NH and Florida
Posts: 2,881
Thanks: 637
Thanked 2,147 Times in 894 Posts
Default

Quote:
Originally Posted by tis View Post
So if it's an LLC won't it be hard to sue the company?
If an LLC member personally guarantees a business's loans or obligations, he or she will be held liable for any default. An LLC won't protect a member who commits a wrongful act or is negligent in a way that results in harm to another person, such as fraud or assault. In a lawsuit you usually name anyone who may have any liability at the beginning and then it gets sorted out by the court and the lawyers as the case proceeds.

In my experience with commercial loans the bank almost always has you sign personally for any credit extended. One would think that was the case with the $8.5 million in loans.
TiltonBB is offline   Reply With Quote
Old 04-23-2023, 05:02 PM   #31
FlyingScot
Senior Member
 
Join Date: Jun 2016
Location: Tuftonboro and Sudbury, MA
Posts: 2,208
Thanks: 1,108
Thanked 934 Times in 576 Posts
Default

Quote:
Originally Posted by TiltonBB View Post
If an LLC member personally guarantees a business's loans or obligations, he or she will be held liable for any default. An LLC won't protect a member who commits a wrongful act or is negligent in a way that results in harm to another person, such as fraud or assault. In a lawsuit you usually name anyone who may have any liability at the beginning and then it gets sorted out by the court and the lawyers as the case proceeds.

In my experience with commercial loans the bank almost always has you sign personally for any credit extended. One would think that was the case with the $8.5 million in loans.
Plus, if the LLC owns the marina, and the LLC is sued successfully, the marina is gone
FlyingScot is offline   Reply With Quote
Old 04-23-2023, 05:16 PM   #32
tis
Senior Member
 
tis's Avatar
 
Join Date: Jan 2006
Posts: 6,386
Thanks: 716
Thanked 1,375 Times in 951 Posts
Default

Quote:
Originally Posted by TiltonBB View Post
If an LLC member personally guarantees a business's loans or obligations, he or she will be held liable for any default. An LLC won't protect a member who commits a wrongful act or is negligent in a way that results in harm to another person, such as fraud or assault. In a lawsuit you usually name anyone who may have any liability at the beginning and then it gets sorted out by the court and the lawyers as the case proceeds.

In my experience with commercial loans the bank almost always has you sign personally for any credit extended. One would think that was the case with the $8.5 million in loans.
Yes i agree they most likely signed a personal guarantee, and would be responsible for any loans or obligations, but if they did, it makes you wonder why they even ran the business as an LLC. But I can't imagine a bank loaning that kind of money without having a personal guarantee. That's what I'm wondering since it was allegedly a wrongful act, could the LLC and therefore the real estate, be taken and sold to pay accusers. I guess as you said, it will get sorted out.
tis is online now   Reply With Quote
Old 04-23-2023, 06:10 PM   #33
LikeLakes
Senior Member
 
Join Date: May 2021
Posts: 339
Thanks: 50
Thanked 92 Times in 66 Posts
Default

The assets will definitely be in play assuming victims win settlements on this.

As to why it's an LLC, that's the appropriate entity, hard to find a reason to have any other sort of entity for a private company these days.
LikeLakes is offline   Reply With Quote
Old 04-23-2023, 06:15 PM   #34
LikeLakes
Senior Member
 
Join Date: May 2021
Posts: 339
Thanks: 50
Thanked 92 Times in 66 Posts
Default

Personally speaking, and just to be clear I'm not a client of WAM ... I don't hold it against anyone for either keeping their slip there or someone new taking a space. Say someone has had a slip for years there, enjoyed it with their family, the location and services work well for them. I don't feel it's anyone's obligation to leave. The idea of "don't give any money to the family" is valid if you feel that way, but I don't feel that anyone should be made to feel bad for staying.
LikeLakes is offline   Reply With Quote
The Following User Says Thank You to LikeLakes For This Useful Post:
Gilmanton Greenie (04-24-2023)
Old 04-23-2023, 06:48 PM   #35
John Mercier
Senior Member
 
Join Date: Jun 2021
Posts: 2,907
Thanks: 2
Thanked 523 Times in 431 Posts
Default

Quote:
Originally Posted by LikeLakes View Post
The assets will definitely be in play assuming victims win settlements on this.

As to why it's an LLC, that's the appropriate entity, hard to find a reason to have any other sort of entity for a private company these days.
Three of the civil cases already entered asset agreement last October. Those cases are now complete.

https://www.laconiadailysun.com/news...9ce12bcc3.html
John Mercier is offline   Reply With Quote
Old 04-23-2023, 06:51 PM   #36
TiltonBB
Senior Member
 
Join Date: Feb 2005
Location: Gilford, NH and Florida
Posts: 2,881
Thanks: 637
Thanked 2,147 Times in 894 Posts
Default

Quote:
Originally Posted by tis View Post
Yes i agree they most likely signed a personal guarantee, and would be responsible for any loans or obligations, but if they did, it makes you wonder why they even ran the business as an LLC. But I can't imagine a bank loaning that kind of money without having a personal guarantee. That's what I'm wondering since it was allegedly a wrongful act, could the LLC and therefore the real estate, be taken and sold to pay accusers. I guess as you said, it will get sorted out.
Because if something happened at the marina like someone fell down and got hurt, or they dropped a boat and damaged it, the liability would be limited to the marina and their insurance company, and not them personally. However when coupled with the alleged crimes that changes things.

Obviously, you can sue anyone, but getting a successful outcome in court may be a different thing. (OJ told me that)
TiltonBB is offline   Reply With Quote
Old 04-23-2023, 07:37 PM   #37
LikeLakes
Senior Member
 
Join Date: May 2021
Posts: 339
Thanks: 50
Thanked 92 Times in 66 Posts
Default

Quote:
Originally Posted by John Mercier View Post
Three of the civil cases already entered asset agreement last October. Those cases are now complete.

https://www.laconiadailysun.com/news...9ce12bcc3.html
Wait, the civil suits aren't settled, are they? Doesn't this simply say the attachment of assets is approved, meaning the marina can't sell or convey assets without notice to the plaintiffs?
LikeLakes is offline   Reply With Quote
Old 04-23-2023, 07:58 PM   #38
John Mercier
Senior Member
 
Join Date: Jun 2021
Posts: 2,907
Thanks: 2
Thanked 523 Times in 431 Posts
Default

The attachments were filed with the original suits.
These are the settled asset agreements.

"The agreement states the marina will not sell, transfer or allow another individual or organization to make a claim on any real estate or other property without giving the plaintiffs at least 45 days notice of such action to give the defendants time to ask the court to impose an attachment. In return, the three plaintiffs removed motions for attachments filed earlier this year."

The lawsuits remain. But the marina can remain doing business... and speculation to an outside buyer is moot.

An attachment could stop the marina from having the necessary cashflow to operate... doing any maintenance or upgrade.

The problem the marina will have is hiring employees.
Low cost seasonal employees are at a premium - very hard to find.
John Mercier is offline   Reply With Quote
Old 04-24-2023, 10:05 AM   #39
Descant
Senior Member
 
Join Date: Mar 2006
Location: Merrimack and Welch Island
Posts: 4,004
Thanks: 1,204
Thanked 1,498 Times in 975 Posts
Default

If this were a trailer park, I believe the tenants can get together and have a purchase priority. Can that law be extended to the marina tenants? I see some similarities.

On the $8.5 million debt--Has that been expended or is it held by the bank(s) as available for expansion projects?

If there are mechanical /maintenance problems, what plumber or electrician will want to work there to fix it unless there is sufficient working capital to pay in advance? Could that force a shutdown?

This is going to be a windfall for attorneys and accounting firms, never mind the criminal lawyers.
Descant is offline   Reply With Quote
Old 04-24-2023, 12:09 PM   #40
Cobaltdeadhead
Member
 
Join Date: Sep 2021
Posts: 35
Thanks: 2
Thanked 32 Times in 14 Posts
Default

Pretty certain that unless it is a condo type situation like MT View where the slips are owned, that the rights of renters at a marina are very limited. Tenants at will
Cobaltdeadhead is offline   Reply With Quote
The Following 2 Users Say Thank You to Cobaltdeadhead For This Useful Post:
LikeLakes (04-24-2023), upthesaukee (04-25-2023)
Old 04-24-2023, 12:59 PM   #41
LikeLakes
Senior Member
 
Join Date: May 2021
Posts: 339
Thanks: 50
Thanked 92 Times in 66 Posts
Default

I think Cobalt is right. Nothing at all like a trailer park that transitions to a ROC (resident owned community).

It is in the best interests of the people who have attached the marina for it to continue to operate, so I would be very surprised if all maintenance contractors were not paid as promised. I don't think this is a bankruptcy yet so they don't get bankruptcy protection though. I guess if it was me I'd see if there is any court ordered protection for contractors, and if not would only do work paid in advance.
LikeLakes is offline   Reply With Quote
Old 04-24-2023, 01:49 PM   #42
LIforrelaxin
Senior Member
 
LIforrelaxin's Avatar
 
Join Date: May 2006
Location: Long Island, not that one, the one on Winnipesaukee
Posts: 2,813
Thanks: 1,011
Thanked 878 Times in 513 Posts
Default

This is a most unfortunately situation.

The bottom line however is that the Marina will live on, even once the dust settles.... Now could it go from being privately owned to something else? Possibly dependent on how the court cases go, the family may have to sell at least part of the entity to investors to raise capitol, or they could elect to sell the entire thing.

However this is America, Innocent until proven guilty...... so the family is doing what they must which is continuing to move forward with the expansion of their business.....Has this situation hurt the business, I am sure it has....But at the end of the day, they have a facility on a lake that has a shortage of slips as it is.... They aren't going to be my first choice for gas or service, but if they are the only option open to me, I would prefer to be boating.......
__________________
Life is about how much time you can spend relaxing... I do it on an island that isn't really an island.....
LIforrelaxin is online now   Reply With Quote
The Following User Says Thank You to LIforrelaxin For This Useful Post:
jeffk (04-24-2023)
Old 04-24-2023, 01:55 PM   #43
Mr. V
Senior Member
 
Mr. V's Avatar
 
Join Date: Jun 2004
Location: the left coast (Portland)and West Alton
Posts: 1,319
Thanks: 61
Thanked 234 Times in 158 Posts
Default

It's a family LLC, I assume the perp owns a proportionate number of shares in the LLC.

I believe the best result would be to have his shares sold to the highest bidder, and have the proceeds distributed to the claimants without touching the shares of other family members: why should they suffer because of their sibling's actions?

Are they really their brother's keeper?

They probably cannot buy him out but perhaps with a loan from a bank they could, otherwise an outside can weasel their way in.
__________________
basking in the benign indifference of the universe
Mr. V is offline   Reply With Quote
Old 04-24-2023, 05:28 PM   #44
Major
Senior Member
 
Major's Avatar
 
Join Date: May 2013
Location: Laconia
Posts: 1,044
Thanks: 429
Thanked 995 Times in 412 Posts
Default

Quote:
Originally Posted by Mr. V View Post
It's a family LLC, I assume the perp owns a proportionate number of shares in the LLC.

I believe the best result would be to have his shares sold to the highest bidder, and have the proceeds distributed to the claimants without touching the shares of other family members: why should they suffer because of their sibling's actions?

Are they really their brother's keeper?

They probably cannot buy him out but perhaps with a loan from a bank they could, otherwise an outside can weasel their way in.
Although magnanimous, this is not how corporations work. Unfortunately, the misdeeds of one owner are the responsibilities of the other owners. As a small business owner I know this all too well.


Sent from my iPhone using Tapatalk
Major is online now   Reply With Quote
The Following User Says Thank You to Major For This Useful Post:
mhtranger (04-26-2023)
Old 04-24-2023, 05:34 PM   #45
jeffk
Senior Member
 
jeffk's Avatar
 
Join Date: Feb 2004
Location: Center Harbor
Posts: 1,125
Thanks: 198
Thanked 417 Times in 237 Posts
Default

Quote:
Originally Posted by LIforrelaxin View Post
This is a most unfortunately situation.

The bottom line however is that the Marina will live on, even once the dust settles.... Now could it go from being privately owned to something else? Possibly dependent on how the court cases go, the family may have to sell at least part of the entity to investors to raise capitol, or they could elect to sell the entire thing.
...
But at the end of the day, they have a facility on a lake that has a shortage of slips as it is.... They aren't going to be my first choice for gas or service, but if they are the only option open to me, I would prefer to be boating.......
This seems to me to be a reasonable assessment.

Other have been saying the Marina could be "gone" but it seems to me that if there is a judgement against the assets of the marina, the LLC could finance or sell to get the funds. If outright sold, it is possible that the new owner could decide to close the marina and build something more valuable, like condos with water access. I have NO IDEA of what is feasible or would be most profitable but one option for a new owner would be to continue to operate the marina and put a new management team in place.

We have no idea what responsibility and what penalty will be assessed to the LLC. The legal process, by calling out the assets of the LLC, has stated that those assets MAY BE encumbered and therefore the LLC needs to keep the victims informed of their status. That's a reasonable and common thing to do.
jeffk is offline   Reply With Quote
The Following User Says Thank You to jeffk For This Useful Post:
LIforrelaxin (04-26-2023)
Old 04-25-2023, 07:40 AM   #46
Poor Richard
Senior Member
 
Poor Richard's Avatar
 
Join Date: Aug 2017
Location: The humbling river
Posts: 301
Thanks: 42
Thanked 78 Times in 55 Posts
Default

Quote:
Originally Posted by LIforrelaxin View Post
The bottom line however is that the Marina will live on, even once the dust settles.... Now could it go from being privately owned to something else? Possibly dependent on how the court cases go, the family may have to sell at least part of the entity to investors to raise capitol, or they could elect to sell the entire thing.
I've been wondering how far away a bankruptcy filing is in all this.
Poor Richard is offline   Reply With Quote
Old 04-25-2023, 08:25 AM   #47
root1
Senior Member
 
Join Date: Jun 2020
Location: Alton Bay
Posts: 53
Thanks: 21
Thanked 21 Times in 15 Posts
Default

It seems that these kind of situations result in the entirety of the defendant's assets being liquidated to pay for legal fees ..... the trials will go on until there is no more money to pay the lawyers & victims.
root1 is offline   Reply With Quote
Old 04-25-2023, 12:30 PM   #48
Mr. V
Senior Member
 
Mr. V's Avatar
 
Join Date: Jun 2004
Location: the left coast (Portland)and West Alton
Posts: 1,319
Thanks: 61
Thanked 234 Times in 158 Posts
Default

Quote:
Originally Posted by Major View Post
Although magnanimous, this is not how corporations work. Unfortunately, the misdeeds of one owner are the responsibilities of the other owners. As a small business owner I know this all too well.
Has the corporation been charged with a crime or sued yet?

MY analysis assumed not.
__________________
basking in the benign indifference of the universe
Mr. V is offline   Reply With Quote
Old 04-26-2023, 10:32 PM   #49
John Mercier
Senior Member
 
Join Date: Jun 2021
Posts: 2,907
Thanks: 2
Thanked 523 Times in 431 Posts
Default

I believe the suits named the LLC... because of the asset agreements.
The LLC was their employer, and thus had some duty of care for the work environment.
John Mercier is offline   Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump


All times are GMT -5. The time now is 02:44 PM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.

This page was generated in 0.30938 seconds