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Piquant LLC (and officers) sued by Multicultural Radio Broadcasting

P

PW

Claiming that the conveyance of the assets of AAR to Piquant was a sham transaction, Multicultural Radio Broadcasting, Inc has sued Piquant LLC and many of its officers and stockholders in New York Supreme Court, according to The New York Sun (excerpt):

Suit: Air America Ownership Transfer a 'Sham'

BY DAVID LOMBINO - Staff Reporter of the Sun
August 18, 2005

A lawsuit filed by an owner of radio stations claims that the transfer of ownership of the Air America radio network from Progress Media to Piquant LLC in May 2004 was a "sham" intended to maintain the network's assets while deceiving its creditors, according to documents posted on a blog yesterday.

In the suit, which was filed in state Supreme Court at Manhattan in May, Multicultural Radio Broadcasting, a radio station owner with affiliates across the country, is seeking more than $255,000 it claims it is owed by the current owners of Air America, Piquant LLC. Multicultural's complaint, as posted on the blog of Michelle Malkin, a conservative commentator, states that the station owner is trying to enforce a judgment in its favor last November, in which the court ordered Air America's owners to pay it that amount

Link: http://www.nysun.com/article/18840


The complaint (in pdf format) runs 25 pages and is linked below. (yes, it's from a blog):

Link: http://hyperion.hmdnsgroup.com/~malkin/archives/files/mrbi052405.pdf
 
So What?

Worst case scenario: All these complaints, allegations, law suits, and bloggers shut down Piquant LLC (doing business as Air America Radio). Then what happens? Progressive talk radio does not go away.
<ul>
[*]Jerry Springer goes back to independent syndication and Premiere, Jones or somebody else distributes his show. The same stations that carry the program from AAR reconfigure their satellite receivers and continue to take the show.
[*]Thom Hartmann gets a bunch of additional stations as Al Franken goes off to write another book, do comedy or run for the Senate.
[*]Ed Schultz keeps plugging along and picks up a few additional stations now carrying Randi Rhodes live.
[*]Randi goes back to West Palm Beach and signs a deal with another syndicator. (Maybe she and Rush bump into each other at the local supermarket. Love to be a fly on the wall for that.)
[*]Stephanie Miller, Bill Press, Lionel and Phil Hendrie pick up some additional stations.
[*]More stations start doing local live programming during morning drive.
[/list]

The progressive talk format could be stronger without Air America, stronger with competent managers and with experienced and talented broadcasters. Some stations, now taking the easy way out and plugging into the AAR feed will be forced to program their stations again.

So, keep it up, PW. People listen to talk radio because they agree with what they are hearing, and there are a lot of people who agree with the viewpoints of progressive talk show hosts (as there a lot who agree with the viewpoints of conservative hosts). But even more, people listen to the radio for entertainment. And that means people (liberal and conservative) want to listen to good radio. And for the most part, AAR does not deliver good radio. Thanks, PW.
 
> Claiming that the conveyance of the assets of AAR to Piquant
> was a sham transaction, Multicultural Radio Broadcasting,
> Inc has sued Piquant LLC and many of its officers and
> stockholders in New York Supreme Court, according to The New
> York Sun (excerpt):

I was actually going to say "at least it's something new" until I read the accompanying documents. They are all dated back from this spring. What does this tell me:

1) Having failed to light any storms over the overhyped so-called "scandal" over funding AAR (and note the lawsuit paperwork references the loans which were known as far back as the spring), this is the fall-back position - scandalLite. That's the only reason these stale papers are showing up on precisely the same blogs that brought us the original overhype.

2) Anyone can file a lawsuit about anything. Winning and collecting on it is another matter. This filing is an attempt to force accelerated repayment of a pre-existing judgment. Gosh, Ethel, help me up off the floor - I fainted from the shock of THAT happening. Anyone want to guess how many judgments have been filed against similar program suppliers over contract disputes?

3) Every morning you'll post the same thing over and over again until the moderator pulls the plug on what will also be a repetitious thread.
 
> > Claiming that the conveyance of the assets of AAR to
> Piquant
> > was a sham transaction, Multicultural Radio Broadcasting,
> > Inc has sued Piquant LLC and many of its officers and
> > stockholders in New York Supreme Court, according to The
> New
> > York Sun (excerpt):
>
> I was actually going to say "at least it's something new"
> until I read the accompanying documents. They are all dated
> back from this spring. What does this tell me:
>
> 1) Having failed to light any storms over the overhyped
> so-called "scandal" over funding AAR (and note the lawsuit
> paperwork references the loans which were known as far back
> as the spring), this is the fall-back position -
> scandalLite. That's the only reason these stale papers are
> showing up on precisely the same blogs that brought us the
> original overhype.
>
> 2) Anyone can file a lawsuit about anything. Winning and
> collecting on it is another matter. This filing is an
> attempt to force accelerated repayment of a pre-existing
> judgment. Gosh, Ethel, help me up off the floor - I fainted
> from the shock of THAT happening. Anyone want to guess how
> many judgments have been filed against similar program
> suppliers over contract disputes?
>
> 3) Every morning you'll post the same thing over and over
> again until the moderator pulls the plug on what will also
> be a repetitious thread.
>
Hey, this is America, Y'know a Democracy. What kind of country would it be if we allowed just any citizen to oppose the party line. C'mon, geez, the next thing you know they'll want freedom of speech. What a bunch of lefties. :)
 
Maybe I'm reading you wrong, but...

Maybe I'm reading you wrong...but it seems you have some sort of personal gripe with Air America Radio and its related companies.

That, or you love posting numbskullish tabloid stories that cite conservative blogs as credible sources. <P ID="signature">______________
Why don't you ask yo' mama for a cute closing signature?</P>
 
Re: Maybe I'm reading you wrong, but...

> Maybe I'm reading you wrong...but it seems you have some
> sort of personal gripe with Air America Radio and its
> related companies.
>
> That, or you love posting numbskullish tabloid stories that
> cite conservative blogs as credible sources.
>


Thex, The New York Sun is a broadsheet, not a tabloid.

I have a gripe with any company that uses money intended for poor kids and sick elderly people for operating expenses. I have a gripe with any company that engages in a fraudulent conveyance to avoid paying legitimate creditors. I have a gripe with those who excuse such activities or who deny the reality of such activities.
 
Re: Maybe I'm reading you wrong, but...

> > Maybe I'm reading you wrong...but it seems you have some
> > sort of personal gripe with Air America Radio and its
> > related companies.
> >
> > That, or you love posting numbskullish tabloid stories
> that
> > cite conservative blogs as credible sources.
> >
>
>
> Thex, The New York Sun is a broadsheet, not a tabloid.
>
> I have a gripe with any company that uses money intended for
> poor kids and sick elderly people for operating expenses. I
> have a gripe with any company that engages in a fraudulent
> conveyance to avoid paying legitimate creditors. I have a
> gripe with those who excuse such activities or who deny the
> reality of such activities.
>
OK before this story broke, what was your gripe?
 
Re: Maybe I'm reading you wrong, but...

> Maybe I'm reading you wrong...but it seems you have some
> sort of personal gripe with Air America Radio and its
> related companies.
>
> That, or you love posting numbskullish tabloid stories that
> cite conservative blogs as credible sources.
>

No, he's just scared of it.

It's all about 'freedom of speech', so long as he agrees with it.

This 'one trick pony' stuff about a non-scandal is getting pretty boring though.<P ID="signature">______________
The Liberal Talk Radio Update</P>
 
Re: Maybe I'm reading you wrong, but...

> > > Maybe I'm reading you wrong...but it seems you have some
>
> > > sort of personal gripe with Air America Radio and its
> > > related companies.
> > >
> > > That, or you love posting numbskullish tabloid stories
> > that
> > > cite conservative blogs as credible sources.
> > >
> >
> >
> > Thex, The New York Sun is a broadsheet, not a tabloid.
> >
> > I have a gripe with any company that uses money intended
> for
> > poor kids and sick elderly people for operating expenses.
> I
> > have a gripe with any company that engages in a fraudulent
>
> > conveyance to avoid paying legitimate creditors. I have a
>
> > gripe with those who excuse such activities or who deny
> the
> > reality of such activities.
> >
> OK before this story broke, what was your gripe?
>

Talk radio is supposed to blame our country's problems on Bill Clinton's private parts.<P ID="signature">______________
The Liberal Talk Radio Update</P>
 
Re: Maybe I'm reading you wrong, but...

> I have a gripe with any company that uses money intended for
> poor kids and sick elderly people for operating expenses. I
> have a gripe with any company that engages in a fraudulent
> conveyance to avoid paying legitimate creditors. I have a
> gripe with those who excuse such activities or who deny the
> reality of such activities.



Listen PW...enough is enough. AAR as a whole is not responsible. From what I understand, as a whole they have returned the funds. The people responsible for this are no longer at AAR, you need to focus your complaints on them, NOT AAR.

Anymore non-sense from you and I'll revoke your posting priviledges...

Only post about AAR if you have something new to contribute to the "scandal" and I don't mean yet another paper writing the same stuff, or something unrelated to the "scandal".

Last warning...get it?
<P ID="signature">______________



</P>
 
Re: Maybe I'm reading you wrong, but...

>
> Talk radio is supposed to blame our country's problems on
> Bill Clinton's private parts.



You must not get out much...last time I checked Talk Radio was a very informative media...from politics, to financial, pet, home improvement...
But then again, if your radio dial is broken from hitting it so much because you disagreed with the last host you listened to (probably Rush), then I guess I can't blame you for not knowing what else is out there...

But what you said was out-loud funny....
<P ID="signature">______________



</P>
 
My Last Post

> Anymore non-sense from you and I'll revoke your posting priviledges...
> Last warning...get it?

I can scarcely believe what I'm reading. This is a private, free board and whoever gave you authority to moderate here has every right to do so and you have every right to run it this way.

But if this is the way it is, that you will revoke the posting priviledges of someone who posts things you disagree with too many times, then it's worse than I thought.

Out.
 
Re: My Last Post

<font color="blue" size="6">I don't agree nor disagree with his topic. I, myself am NOT an AAR fan...so you make no sense. The point is: The story is old. He is repeating the same crap over and over. If all I did was talk about how much I deplored something.,...I know YOU would be all over me about it. So knock it off. PW is blaming the whole organization for something ONE or TWO people were responsible for...as I said in an earlier post that's like blaming all Enron employees for what the handful of corporate management did. Can you understand that or do I need to simplify it more?

<font color="red" size="6">My patience is running thin with many of you. Alot of good contributors to the board have gone away because of the ignorance in posts like yours, Wilkins and PW's. If you can't grow up...you can't play here. PERIOD. Don't test me. </font>
<P ID="signature">______________



</P>
 
Re: My Last Post

> I don't agree nor disagree with his topic. I, myself am NOT
> an AAR fan...so you make no sense. The point is: The story
> is old. He is repeating the same crap over and over. If all
> I did was talk about how much I deplored something.,...I
> know YOU would be all over me about it. So knock it off. PW
> is blaming the whole organization for something ONE or TWO
> people were responsible for...as I said in an earlier post
> that's like blaming all Enron employees for what the handful
> of corporate management did. Can you understand that or do I
> need to simplify it more?
>
> My patience is running thin with many of you. Alot of good
> contributors to the board have gone away because of the
> ignorance in posts like yours, Wilkins and PW's. If you
> can't grow up...you can't play here. PERIOD. Don't test me.

Most of the same top people remain at AAR - officers, board members and shareholders. Only Cohen and a couple others were forced out. No one has been repaid. That is the point of the Multicultural lawsuit, which you apparently don't understand. (They'll have another lawsuit soon, for a total of $1.5 million). And while the lawsuit makes reference to the Gloria Jean "loans", it is an entirely separate legal matter against Piquant LLC. There was a legal way for AAR to do what they wanted - bankruptcy. They chose another and they will pay the price for that. I predict that the court will "pierce the corporate veil" and make the principals at Piquant LLC personally liable for AAR's debts. Whether criminal charges will follow it's to early to say.

Maybe the "good contributors" went away because of the ignorance and immoderation of the moderator.
 
> The complaint (in pdf format) runs 25 pages and is linked
> below. (yes, it's from a blog):
>
> Link:
http://h> yperion.hmdnsgroup.com/~malkin/archives/files/mrbi052405.pdf
>

This is not a very professionally written complaint. Looks like it was written by someone with an ax to grind and not a legal mind. Multicultural needs some new lawyers...

Filed May 2005!? Hot off the presses I guess.

It is ironic that if the whole network had gone bankrupt they would have no one to sue today..?
 
Re: My Last Post

Dear PW:

It's not what you said. It's how often you kept saying it. I think we got your point. Maybe some people did not agree with your conclusions but saying the same thing over and over won't change people's minds. Maybe some people who agreed with your main points did not share your indignation but beating a dead horse doesn't make it move.

You brought this issue to people's attention early on. Thank you for that. I am curious to see how this thing plays out. But for now, let Spitzer, the city and the lawyers do their thing.
>
> Most of the same top people remain at AAR - officers, board
> members and shareholders. Only Cohen and a couple others
> were forced out. No one has been repaid. That is the point
> of the Multicultural lawsuit, which you apparently don't
> understand. (They'll have another lawsuit soon, for a total
> of $1.5 million). And while the lawsuit makes reference to
> the Gloria Jean "loans", it is an entirely separate legal
> matter against Piquant LLC. There was a legal way for AAR
> to do what they wanted - bankruptcy. They chose another and
> they will pay the price for that. I predict that the court
> will "pierce the corporate veil" and make the principals at
> Piquant LLC personally liable for AAR's debts. Whether
> criminal charges will follow it's to early to say.
>
> Maybe the "good contributors" went away because of the
> ignorance and immoderation of the moderator.
>
 
Re: My Last Post

Good point. I should have put a stop to your nonsense long ago. You just used your last warning. <P ID="signature">______________



</P>
 
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