West Alton Marina Manager finally indicted

TiltonBB · 03-30-2023, 05:50 AM

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

codeman671 · 03-30-2023, 06:10 AM

Quote:

Originally Posted by TiltonBB

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…

ishoot308 · 03-30-2023, 07:10 AM

Quote:

Originally Posted by codeman671

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

Mr. V · 03-30-2023, 07:14 PM

How has all of this negative publicity affected WAM?

It appears they're in the midst of an expansion.

TiltonBB · 04-13-2023, 08:37 PM

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

Loventhelake · 04-18-2023, 06:09 AM

Quote:

Originally Posted by Mr. V

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.

CaptT820 · 04-21-2023, 09:27 AM

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.

Cobalt 12 · 04-21-2023, 10:29 AM

Quote:

Originally Posted by CaptT820

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.

FlyingScot · 04-21-2023, 04:49 PM

Quote:

Originally Posted by Cobalt 12

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?

TiltonBB · 04-21-2023, 07:35 PM

Quote:

Originally Posted by Cobalt 12

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!

Mr. V · 04-22-2023, 12:03 PM

Is the ownership of WAM corportate, partnership, or sole proprietors?

upthesaukee · 04-23-2023, 07:43 AM

Quote:

Originally Posted by Mr. V

Is the ownership of WAM corportate, partnership, or sole proprietors?

West Alton Marina LLC.

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

Dave

John Mercier · 04-23-2023, 12:24 PM

Customers won't be the problem.
Most businesses are experiencing strong customer demand in the area.
The issue will be employees.

Mr. V · 04-23-2023, 02:05 PM

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...

tis · 04-23-2023, 02:16 PM

Quote:

Originally Posted by upthesaukee

West Alton Marina LLC.

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

Dave

So if it's an LLC won't it be hard to sue the company?

TiltonBB · 04-23-2023, 03:35 PM

Quote:

Originally Posted by tis

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.

FlyingScot · 04-23-2023, 05:02 PM

Quote:

Originally Posted by TiltonBB

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

tis · 04-23-2023, 05:16 PM

Quote:

Originally Posted by TiltonBB

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.

LikeLakes · 04-23-2023, 06:10 PM

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 · 04-23-2023, 06:15 PM

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.

John Mercier · 04-23-2023, 06:48 PM

Quote:

Originally Posted by LikeLakes

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

LikeLakes · 04-23-2023, 07:37 PM

Quote:

Originally Posted by John Mercier

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?

John Mercier · 04-23-2023, 07:58 PM

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.

TiltonBB · 04-23-2023, 06:51 PM

Quote:

Originally Posted by tis

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)

lagoon · 04-23-2023, 02:39 PM

Quote:

Originally Posted by Cobalt 12

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.

03-30-2023, 05:50 AM	#1
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 2,911 Thanks: 646 Thanked 2,163 Times in 906 Posts	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

03-30-2023, 07:14 PM	#4
Mr. V Senior Member Join Date: Jun 2004 Location: the left coast (Portland)and West Alton Posts: 1,331 Thanks: 61 Thanked 235 Times in 159 Posts	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

04-13-2023, 08:37 PM	#5
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 2,911 Thanks: 646 Thanked 2,163 Times in 906 Posts	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

04-21-2023, 09:27 AM	#7
CaptT820 Senior Member Join Date: Mar 2012 Posts: 122 Thanks: 86 Thanked 46 Times in 27 Posts	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.

04-22-2023, 12:03 PM	#11
Mr. V Senior Member Join Date: Jun 2004 Location: the left coast (Portland)and West Alton Posts: 1,331 Thanks: 61 Thanked 235 Times in 159 Posts	Is the ownership of WAM corportate, partnership, or sole proprietors? __________________ basking in the benign indifference of the universe

The Following User Says Thank You to codeman671 For This Useful Post:
ishoot308 (03-30-2023)

04-23-2023, 12:24 PM	#13
John Mercier Senior Member Join Date: Jun 2021 Posts: 3,018 Thanks: 2 Thanked 530 Times in 436 Posts	Customers won't be the problem. Most businesses are experiencing strong customer demand in the area. The issue will be employees.

04-23-2023, 02:05 PM	#14
Mr. V Senior Member Join Date: Jun 2004 Location: the left coast (Portland)and West Alton Posts: 1,331 Thanks: 61 Thanked 235 Times in 159 Posts	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

04-23-2023, 06:10 PM	#19
LikeLakes Senior Member Join Date: May 2021 Posts: 339 Thanks: 50 Thanked 92 Times in 66 Posts	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.

04-23-2023, 06:15 PM	#20
LikeLakes Senior Member Join Date: May 2021 Posts: 339 Thanks: 50 Thanked 92 Times in 66 Posts	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.

The Following User Says Thank You to LikeLakes For This Useful Post:
Gilmanton Greenie (04-24-2023)

04-23-2023, 07:58 PM	#23
John Mercier Senior Member Join Date: Jun 2021 Posts: 3,018 Thanks: 2 Thanked 530 Times in 436 Posts	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.

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)