In China Tel’s 10k filed with the SEC on 04-15-2010, it states,
“Our success will depend largely on the expertise and reputation of George Alvarez, our Chairman of the Board and Chief Executive Officer, and the other members of our senior management team, including Tay Yong Lee, our President, and Mario Alvarez, our Chief Operations Officer, none of whom are party to an employment agreement.”
Since China Tel Group Inc. has put the “expertise and reputation” of George Alvarez and Mario Alvarez at issue, below is a analysis and background the Alvarez brothers and of the individuals associated with them, essentially an evaluation of the people who are responsible for and controlling/using China Tel investors money. As referenced in China Tel’s SEC filings, China Tel operates or contracts with a variety of entities under the “Trussnet” name, which at the time of the formation of all the Trussnets and China Tel, all had the same physical address, employees, etc.
Let us take a look into the expertise and reputation” of George Alvarez, Mario Alvarez and several of the associates that they have surrounded themselves with along with their success in business ventures, all over the last 15 years. Where ever possible, this researcher has provided websites where the information provided can be accessed and verified. Where ever an opinion is stated by this researcher, this researcher has stated as such.
Background:
George Alvarez and Mario Alvarez have been intimately connected to the following individuals/companies through the formation of a multitude of entities (wherein the parties referenced below are all owners, directors and/or officers, along with multiple transactions in connection with these individuals/companies).
California Cove Communities Inc. (out of business)
Foton Motors Inc. (unable find any record of active business; Delaware indicates out of business)
Mobile Truss Inc. (out of business)
Capital Truss Inc. (out of business)
Trussnet USA Development Co. (out of business)
Trussnet USA Inc. (a Delaware corp.) (out of business)
Westmoore Securities (currently under SEC litigation for Ponzi scheme)
MKA Capital Group Advisors
MKA Real Estate Opportunity Fund LLC
Greenleaf Home Loans (out of business)
Matthew Jennings (currently under SEC litigation for Ponzi scheme)
Jason Sugarman
Luis Trujillo (currently under Chapter 7 bankruptcy)
Chris Young
Ken Waggoner
The above referenced individuals/entities will help clarify the many lawsuits against these same individuals/entities as referenced below.
Below are records of lawsuits, businesses and, where possible, backgrounds on the businesses and associates of George Alvarez and Mario Alvarez. Be advised that most of these lawsuits were resolved via settled with undisclosed settlement agreements. Further, the complaints contain allegations, not findings of fact.
Riverside County Superior Court
Lawsuit filed November 15, 1995-Case no 273669
Cynthia Kendall v. Luis Trujillo, et. al.
(Background-Alvarez and Trujillo are named in several lawsuits together and sat on the board of California Cove Communities Inc. together. At one point, Luis Trujillo was listed on Trussgroup Ltd.aka Trussnet’s website as it’s CEO)
Complaint filed by Cynthia Kendall alleges, among other causes of action, Retaliatory Discharge, against Luis Trujillo for her refusal to participate in and complaining of “an unethical practice of Trujillo accepting what plaintiff believed amounted to bribes in return for awarding subcontracts”. Allegations contained therein also accuse Luis Trujillo of accepting bribes on public work contracts.
This case can be viewed at Riverside County Superior Court website, www.riverside.courts.ca.gov
Los Angeles Superior Court
Lawsuit filed June 12, 2002- Case no. BC 274660
Mar Vista Homes v. Luis Trujillo, George Alvarez and California Cove Communities Inc.
Complaint filed against Luis Trujillo, George Alvarez and California Cove Communities Inc. alleging, among other things, Breach Of Fiduciary Duty, Misappropriation of Corporate Opportunity, Conspiracy, Fraud, etc. Complaint alleges repeated instances of embezzlement and the acceptance of kickbacks by Luis Trujillo. Complaint further alleges Fraud and Conspiracy to cover up aforesaid conduct by George Alvarez and Luis Trujillo, both of whom were owners and directors of California Cove Communities Inc. Complaint also alleges misuse of Mar Vista corporate credit cards by Trujillo to provide helicopters rides, limousine rides, thousands of dollars in alcohol purchases and thousands of dollars of other goods and trinkets for Trujillo, Alvarez and Christopher Young (who is described as a “longstanding personal friend of Trujillo and Alvarez”).
This case can be viewed at Los Angeles County Superior Court website, www.lasuperiorcourt.org
Between 2002 and 2008, George Alvarez, Mario Alvarez, Luis Trujillo and Chris Young owned and operated a development company called California Cove Communities Inc. This company had the same mailing and physical address as Trussnet USA Inc. (Delaware), Trussnet USA Inc. (Neveda), Trussgroup Ltd., Mobile Truss, Capital Truss, Trussnet USA Development Co. Inc. and China Tel Group Inc. (when China Tel was originally formed).
California Cove Communities Inc. went out of business in December of 2007.
During 2007, California Cove Communities Inc. failed to pay vendors on its various construction projects while at the same time using Cal Cove monies to pay for their vehicles (Porsche, Mercedes Benz, and various other “company” vehicles for family members), personal residences at Crosby Estates in San Diego (multi-million dollar homes, average monthly mortgage payment $13,000.00), thousands of dollars in jewelry, limo rides, alcohol and first class seating on flights for Trujillo, Alvarez, Young and all their family members to Peru, China, Hawaii, San Francisco, etc. Please note that Cal. Cove has represented much of these expenses were “loans” or repayment of “loans” to Trussnet(s) although no accounting evidencing as such has ever been produced.
As a result of the failure to pay vendors, there have been over 50 lawsuits filed against California Cove Communities Inc. in the San Diego, Riverside and Orange County Superior courts.
Further, as evidenced in detail in the lawsuits below, millions of dollars was forwarded from MKA Capital Group Advisors and MKA Real Estate Qualified Fund and Opportunity Fund, to California Cove Communities Inc. Subsequently much of this money, instead of being used for the operations of California Cove Communities Inc., was transferred to Trussnet USA Inc., Mobile Truss and Capital Truss.
[Please note that a web site will be formed within the next few weeks wherein access to credit card statements and bank account records of Cal. Cove will be accessible for viewing]
Orange County Superior Court
Lawsuit filed June 2, 2008-Case no. 07CC 11310
James Piper v. George Alvarez, Luis Trujillo, MKA Capital Group, MKA Real Estate Opportunity Fund, Netgate Consulting (owned by Mario Alvarez), et. al.
Complaint filed by James Piper, a former business partner, of George Alvarez and Mario Alvarez. Mr. Piper sues George Alvarez for, among other causes of action, Fraud, Constructive Fraud, Beach of Fiduciary Duty and Abuse of Process.
The complaint further alleges the George Alvarez and Luis Trujillo forged James Piper’s name to multiple documents in order to illegally convey millions of dollars worth of Mr. Piper’s property to themselves, which Alvarez and Trujillo subsequently used to secure deeds of trust on loans from MKA Capital.
The complaint further alleges that, in conjunction with forging Mr. Piper’s name to Deed Of Trust conveying property, Alvarez and Trujillo subsequently “evicted” Mr. Piper from his own properties.
The complaint further alleges that Alvarez and Trujillo engaged in the aforesaid conduct in order to “gain the ability to use Piper’s commercial credit to obtain misbegotten financing on projects”. It is unclear whether or not Trussnet aka Trussgroup aka China Tel Group is one of those “misbegotten projects”.
This case can be viewed at the Orange County Superior Court website, www.occourts.org
Orange County Superior Court
Lawsuit filed December 9, 2008-Case no. 30-2008-00115855
San Marco-105 LLC v. George Alvarez, Mario Alvarez, Luis Trujillo, Chris Young, Jason Sugarman, MKA Capital Group, MKA Real Estate Opportunity Fund, et. al.
Complaint alleges causes of action for, among others, Breach of Fiduciary Duty, Conversion and Embezzlement and Civil Conspiracy. Essentially more of the same as allegations in the lawsuits contained above.
This case can be viewed at the Orange County Superior Court website, www.occourts.org
San Diego County Superior Court
Lawsuit filed March 10, 2010-Case no. 37-2010-00087536-CU-EN-CTL
VRT Square LP v. China Tel Group, Mario Alvarez, Kenneth Waggoner, Ken Hobbs, et. al.
Complaint alleges causes of action for, among others, Fraudulent Conveyance, Fraud, Conspiracy Unjust Enrichment and Constructive Trust. Allegations state that a legitimate judgment was obtained by VRT Square against Mario Alvarez and his failed company, Greenleaf Home Loans. Complaint further alleges that after obtaining judgment, Mario Alvarez transferred essentially all his assets and all his stock in China Tel Group Inc. to various friends and family members.
This case can be viewed at the San Diego Superior Court website, www.sdcourt.ca.gov
Orange County Superior Court
Lawsuit filed September 22, 2008-Case no. 30-2008-00112284
SA CALIFORNIA GROUP, INC VS. George Alvarez, Mario Alvarez and Luis Trujillo
Complaint itself is not extraordinary, except for the fact that the Plaintiff therein obtained a judgment in excess of 7,000,000.00 against George Alvarez, Mario Alvarez and Luis Trujillo based upon personal guarantees.
What is extraordinary was an expert witness report prepared on behalf of Plaintiff, which George and Mario Alvarez’s attorney attempted strenuously to keep from being admissible at trial. This expert witness report was prepared by Robert Cunnane, a CPA and former FBI agent with the FBI’s financial investigations unit for 21 years. Mr. Cunnane report concluded that there was check fraud/check kiting being performed by the companies Trussnet, Westmoore, California Cove Communities Inc., Foton Motors, Trussnet USA Development co. Inc., the Weal Group (another entity associated with and/or owned by George Alvarez), Mobile Truss and California Cove Development Co. Inc.
The expert further references that all of the aforesaid entities had the same address and all checks for aforesaid entities were signed by the same two individuals.
This expert witness report was filed with the court on this case on June 2, 2010.
This case can be viewed at the Orange County Superior Court website, www.occourts.org
Trussnet USA Inc. (a Delaware corp.) went out of business in approximately December of 2009 (Although it should be noted that attorney Ken Waggoner represented to collection agents at 4:46 PM on 10-26-10, that Trussnet that it had been out of business for two years, which would put the date mysteriously at 10-26-08). Mr. Waggoner even went so far as to threaten to sue one of the agents for a former employee, whose sole offense appears to have been to attempt to collect employee wages owed on an employee of Trussnet USA Inc. (Delaware) from China Tel Group Inc. Trussnet USA Inc. and China Tel Group Inc. had the same offices in the same suite at the time.
When Trussnet went out of business, it failed to pay its employees. At the time of “going out of business” the president of Trussnet USA Inc. was Chris Young, and the directors were Jose Arana and Richard Guiterrez (names you may recognize from China Tel’s SEC filings).
The following employees of Trussent USA Inc. were not paid for several months and ended up obtaining judgments against Trussnet USA Inc. (Delaware) in April of 2010. To date, these employees have not been paid:
Danielle Mann v. Trussnet
Orange County Superior Court Case No. 30-2010-00363999-CL-EN-HLH
Archimedes Cruz v. Trussnet
Orange County Superior Court Case No. 30-2010-00347375CL-EN-HLH
Benito Cruz v. Trussnet
Orange County Superior Court Case No. 30-2010-00347324-CL-EN-HLH
Juan L. Orellano v. Trussnet
Orange County Superior Court Case No. 30-2010-00347386-CL-EN-HLH
Genaro Cruz v. Trussnet
Orange County Superior Court Case No. 30-2010-00347368-CL-EN-HLH
Jose Rodriguez v. Trussnet
Orange County Superior Court Case No. 30-2010-003-CL-EN-HLH
Hoshiar Haghani v. Trussnet
Orange County Superior Court Case No. 30-2010-00363999-CU-BC-CJC
These cases can be viewed at the Orange County Superior Court website, www.occourts.org
According to China Tel Group Inc.’s SEC filings, China Tel Group Inc., “issued to Trussnet Delaware 90,890,639 shares of the Company’s Series A Common Stock in lieu of a $47 million cash payment.”. These share were issued to Trussnet USA Inc. even though, according to Ken Waggoner (Trussnet and China Tel Group’s general counsel), Trussnet was already out of business at the times the shares were issued.
Further, China Tel Group SEC filing on September 10, 2010, states, “On October 1, 2009, Trussnet Nevada and Trussnet Delaware entered into a First Amendment of the Agreement for Professional Services (“First Amendment to Professional Services Agreement”)”.
Why would Trussnet USA Inc. Nevada enter into an agreement with a company that, according to Ken Waggoner, had been out of business for a year?
Even more important, where did these 90,890,639 shares go to after they issued to Trussnet USA Inc. (Del.)? This researcher has been unable to find any record that Trussnet USA Inc. has paid any of the judgments against it by various creditors, or has Trussnet paid any of its employees that sued for unpaid wages and obtained judgments, or has it paid any of the dozens of IRS liens against it. In truth, over 38,000,000 of the aforesaid shares were issued to Trussnet after aforesaid employees had obtained judgments, yet not a single one of them have benefitted to date.
Where did these shares go to?
Putting things in perspective on the “reputation” of George Alvarez and Mario Alvarez, this researcher would suggest contacting former employees and business associates of George and Mario Alvarez to get an idea of what their “reputation” is and how it would possibly benefit China Tel Group Inc.. In April of 2010, these Trussnet USA employees were fighting for wages owed to them and were obviously not millionaires or world travelers. During this same time period, in July of 2010, Mario Alvarez was relaxing in Hawaii and George Alvarez was doing the same in Europe. They returned to the mainland/USA at the end of July for a couple days and then they both spent the next month on a Mediterranean Cruise and vacationing in the mideast. This researcher will leave it up to the reader to evaluate whether or not they should be allowed to hide behind the difference between Trussnet USA Inc. (a Delaware corp.) and Trussnet USA Inc. (a Nevada corp.), especially when both entities were located at the same address and phone number (which is also where these employees went to work).
For verification of the above referenced stock issuances to Trussnet USA Inc. (Delaware) by China Tel Group Inc., see THE CONDENSED CONSOLIDATED FINANCIAL STATEMENTS filed by China Tel Group with the SEC, dated September 30, 2010 (UNAUDITED) under NOTE 17 – RELATED PARTY TRANSACTIONS and under heading “Professional Services Agreement Between Trussnet Nevada and Trussnet Delaware” and ITEM 2.UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS.
All China Tel Group Inc. SEC filings can be viewed at the SEC website, www.sec.gov
And finally, while not directly applicable to the “expertise and reputation” issue, the next lawsuit should draw serious questions and concern from both MKA Real Estate Opportunity Fund investors and China Tel Group investors:
Orange County Superior Court
Lawsuit filed September 22, 2008-Case no. 30-2008-00116368 (lead case)
MKA Real Estate Opportunity Fund v. George Alvarez, Mario Alvarez, Luis Trujillo, Chris Young, et. al.
Complaint that consolidated 10 other complaints file by MKA REOF against the above referenced defendants, for a total of $48,236,733.00. Complaints were for monies loaned to real estate developer California Cove Communities Inc., wherein George Alvarez, Mario Alvarez, Luis Trujillo and Chris Young (and all their spouses) had personally guaranteed said loans All complaints were inexplicably filed by MKA long after monies were owed, in some cases years after monies were owed, and only after all the assets of California Cove Communities Inc. had been bled off or transferred.
After the cases were consolidated, a stipulated judgment was entered wherein all the parties with personal guarantees were dismissed except one, Luis Trujillo, who agreed to have a $48,236,733.00 judgment entered against him. Almost immediately thereafter, Luis Trujillo filed Chapter 7 bankruptcy.
The question is-Why would MKA (or the attorney for MKA) waive personal guarantees against six other individuals (who had money to go after) and enter into a stipulated judgment against the one person who did not have money? Now… there could have been a settlement with the other parties that does not reflect on the court’s docket, but this would normally require some kind of application to the court to approve a “good faith settlement”. Based upon the record, there does not appear to be any consideration for the dropping by MKA of all personal guarantees against George Alvarez, Mario Alvarez or Chris Young (and their spouses) in this consolidated lawsuit.
Please note:
Jason Sugarman is the president/managing member of MKA Capital Group and MKA Real Estate Opportunity Fund.
Jason Sugarman’s Dad was on the board of directors for China Tel Group Inc. when it was initially formed. His Dad is a medical doctor in Fullerton, CA, not a telecommunications expert.
MKA’s attorney on the above referenced consolidated lawsuits was Dan White.
MKA’s attorney, Dan White, is the authorized agent for service of process for Gulfstream Capital LLC.
Gulfstream Capital Partners LTD., are partners/investors in China Tel Group’s Peru operations (Perusat).
These consolidated cases can be viewed at the Orange County Superior Court website, www.occourts.org
Additional sites that will assist readers/researchers in evaluating the “expertise and reputation” of George Alvarez and Mario Alvarez are listed below. Many of these websites do charge for access, thus in two to three weeks, this researcher will be forming a website wherein all the foregoing documents will be accessible free of charge.
Also available on the website will be internal documents and statements provided by former MKA employees and former Trussnet USA Inc. (Delaware) and Mobile Truss employees, regarding the ethics (or the lack thereof) of individuals associated with these entities.
Also available will be the expert witness report referenced hereinabove, and letters, emails and communications related to various court proceedings from Ken Waggoner and other attorneys associated for both Plaintiffs and Defendants on the above referenced lawsuits.
Also available will be updates and documents on the SEC Westmoore “Ponzi scheme” lawsuit along with other private party lawsuit filed against Westmoore Holdings, et. al., in various federal courts making similar allegations of a Ponzi scheme (These lawsuits are relevant only in that George Alvarez was on the board of Westmoore at the time of the subject matter of these lawsuits, and also that China Tel Group is mentioned prominently in aforesaid lawsuits. It should be noted that, to date, neither George Alvarez nor China Tel Group Inc. have been accused of any wrong doing in these lawsuits.
The website will also allow any potential or previous investors with The Alvarezs', MKA, California Cove, China Tel Group, etc., to upload documents and post statements without fear of reprisal.
Public Access To Court Electronic Records (PACER) www.pacer.gov
California Contractors State License Board www.cslb.ca.gov
California Secretary of State www.sos.ca.gov
Delaware Secretary of State www.sos.delaware.gov
Securities And Exchange Commission www.sec.gov
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