Complaint Review: Carlton Nathaniel Baker Jr. - CNB Financial

I am filing this complaint against the referenced individuals on the following grounds.

Sometimes in 2005, I was introduced to Messrs Baker and Hall (collectively, Respondents) as experts in securing loans for upstart companies like my company.

I had several communications with the Respondents, with some of my associates (Mr. Stanford Lifschitz, and Fred Glover), and was always assured that their method of securing funding would guarantee our company in securing the requisite funding. I have attached in Appendix A a compendium of e-mails between myself and the Respondents, in seriatim. One of the requirements was that my company obtain a turn down letter from a financial institution. Somehow, such a letter would be forwarded to a funding partner who will provide the financing.

Based on these promises and guarantees, in December 2005, I wired the Respondents six thousand US dollars ($6,000.00) as requested. These funds were wired to Mr. Baker's account at:

San Antonio Employee Federal Credit Union
PO Box 830968
Phone: 210-229-1800
Account Number: xxxxxxxx
Beneficiaries: CNB Financial & Atalanta Financial Associates

After the funds were wired to Respondents account, I dispatched an associate (Mr. Fred Glover) to several banks to obtain the turn down letter, to no avail. Out of panic, I contacted Mr. Hall and requested my refund. Mr. Hall hung up the telephone on me, despite that he had advised a colleague and myself during a conference call that he would personally refund the entire amount if we were unable to obtain the funding. Subsequent calls and mails to Mr. Hall has not been returned for several months.

Understanding that my company was in dire financial striates with the numerous impending projects just months away, I subsequently contacted Mr. Baker (who is Mr. Hall's associate and work in conjunction with Mr. Hall). I was advised by Mr. Baker that his company will turn over my business plan to one of his associate for a turn down letter to be obtained. Thereafter, Mr. Baker advised that he was waiting on some projects to clear and that a refund would be forthcoming.

I was wired $200 by Mr. Baker as indicated in the e-mail below. After this wire, Mr. Baker ceased communicating with me despite several attempts to recover my money. And despite several promised that he made regarding payments. I have given Respondent almost a year to complete the refund payments to no avail.

I am thus appealing to your office to intervene on this matter since I have very much exhausted my options and since there may be other outstanding complaints against the Respondents. It is just unfair that people with real need are defrauded by the likes of the respondents.

In closing, I am requesting: (1) a full and immediate refund from the Respondents; (2) a complete investigation into Respondents' business practices and the number of complaints lodged against Respondents; (3) a cease and deciest order, if warranted, against the Respondents so as to protect the consuming public; and (4) any other relieve your agency warrants necessary.

Thanks in anticipation of your prompt attention to this matter.

Respectfully Submitted,

Godwin


APPENDIX B

SERRIES OF COMMUNICATIONS BETWEEN THE PARTIES

Email From Mr. Baker dated 3/30/2006

Godwin,

As per you and Art's phone conversation on Saturday. I
have arrange for a conference call on either Wednesday
or Thursday with the Attorney George Ewing (Hampton
and Meridian Group) and his assistant Martha Esch. I
will confirm date and time by Wednesday morning.

Thank you,
Carlton



Email From Mr. Baker dated 5/1/2006

Godwin,

I will give you a call later today.

Carlton

--- @aol.com wrote:

>
> Gents:
> I am sure that you will agree that I have been extremely patient on the refund issue. My calls have not been returned, and I am completely oblivious of the status of the refund. Kindly advise, so that we can proceed with the other projects in the pipeline.
Thanks in advance, and in anticipation of your expeditious response.
>
Godwin

===========

Email From Mr. Baker dated 5/5/2006

Godwin,

Here is the reply from my client, he will not be able
to complete until Monday:


Dear Mr. Baker,

Thank you for your email. Regretably I was away from
my desk today and will be tomorrow and Friday during
the normal working day. We have a site which has
developed a problem and requires attention. I will
work on your commission until Monday if that is fine
by you.

Regards

David


David MacCallum
MSc. Mech Eng. BSc. Bus Admin.



============

Email From Mr. Baker dated 6/16/2006

Godwin,

Been out of office for a few days. I am awaiting on
one more commission then you will have my half. I will
advise you by Tuesday, I do apologize for the
inconvenience.

Carlton


=================

Email From Mr. Baker dated 6/16/2006

Godwin,

Been out of office for a few days. I am awaiting on
one more commission then you will have my half. I will
advise you by Tuesday, I do apologize for the
inconvenience.

Carlton


==============

Email From Mr. Baker dated 7/18/2006

Godwin,

Please resend your bank info. The teller at the bank could not validate the routing number. I called the cell number of your mother and she to me to call another number. I called from the bank but no answer? Resend the info, they also would like to know if it's a checking or saving account? I will send a copy on Wed.

Carlton

===================

Letter received from Mr. Baker as an e-mail attachment on 07/19/2006

CNB FINANCIAL

"FINANCING IS NOT A PROBLEM IT IS A PROCESS ".


07/19/2006

TO: Godwin

FROM: Carlton Baker

RE: $200.00 Good Faith Refund


Dear Godwin,


As per our last phone conversation yesterday, I have sent the bank wire to your bank (Wachovia, FLA) this afternoon. The remaining balance of $5,800.00 will be forthcoming, rather in increments or the full balance. I do thank you for your patience and understanding, for we intend to fully re-imburse the initial $6,000.00.





Sincerely,
Carlton Baker
President/CEO
CNB Financial




==============

Email From Mr. Baker dated 7/21/2006

Godwin,

Our Span project is subject to close within the next 30-45 banking days. However, payments will be made prior to that. Another payment will ben sent by months end.

Carlton Baker



===============

Email From Mr. Baker dated 7/31/2006

Godwin,

From the latest update on all monies in hand, I am looking around no later than Sept 20th. However, they are stating the Spain project to be done by the end of Aug. I will keep you posted as to any changes. In addition I will be out until Thursday.

Carlton
==============

Email From Mr. Baker dated 8/14/2006

Godwin,

In regards to the next payment, I am still awaiting
the funds from my client. Hopefully they will be ready
this week?

Carlton
===============

Email From Mr. Baker dated 8/24/2006

Godwin,

Previously you and your broad requested a letter from
CNB Financial, stating when the balance would be paid
in full. The date indicated on the letter has not come
to pass. Now, you are going forward with this civil
complaint? The balance will be paid according to the
requested letter.

Carlton Baker

==========

Email From Mr. Baker dated 8/25/2006

Godwin,

On Monday I will have a certain date for you. I have
now just been informed that 2 of our projects will
been closing Black Bear Homes Ltd and the Spain
project. Black Bear is subject to close within 3
weeks?

I had a conversation with Art, and I strongly advise
him to have his portion in by the time my deal close.


Carlton

--- @aol.com wrote:

> Kindly provide me with a DATE CERTAIN that the
> account will be credited.
> ______________________________________
> Godwin,
>
> Previously you and your broad requested a letter from CNB Financial, stating when the balance would be paid in full. The date indicated on the letter has not come to pass. Now, you are going forward with this civil complaint? The balance will be paid according to the requested letter.
>
> Carlton Baker
>


Email from Mr. Baker dated 8/30/2006

Godwin,

The closing target date is Sept 25th.

Carlton

============

E-Mail to Mr. Baker 9/16/2007

Carlton:

Per your last e-mail, I have advised my folks that the balance of the payment will be electronically wired into the law firm's trust account on SEPTEMBER 25, 2006.

Your reference to the conversation with Art in the e-mail (appended below) has absolutely no bearing on the refund of $5,800, since the contract was executed with your company AND the money was wired to your bank account. Any side arrangements/agreements that you hadwith third parties which MAXXIUMdid not consent to is totally up to you.

Again, I look forward to putting a closure to this matter on SEPTEMBER 26, 2006.

Godwin
__________________________________

In a message dated 8/30/2006 4:13:06 P.M. Eastern Standard Time, @yahoo.com writes:
Godwin,

The closing target date is Sept 25th.

Carlton

--- @aol.com wrote:

> Kindly provide me with a DATE CERTAIN that the
> account will be credited.
______________________________


In a message dated 8/25/2006 6:54:22 P.M. Eastern Standard Time, @yahoo.com writes:
Godwin,

On Monday I will have a certain date for you. I have
now just been informed that 2 of our projects will
been closing Black Bear Homes Ltd and the Spain
project. Black Bear is subject to close within 3
weeks?

I had a conversation with Art, and I strongly advise
him to have his portion in by the time my deal close.


Carlton

--- @aol.com wrote:

> Kindly provide me with a DATE CERTAIN that the
> account will be credited.
> ______________________________________
> Godwin,
>
> Previously you and your broad requested a letter from CNB Financial, stating when the balance would be paid in full. The date indicated on the letter has not come to pass. Now, you are going forward with this civil complaint? The balance will be paid according to the requested letter.
>
> Carlton Baker
>
>
============

Email from Mr. Baker dated 9/18/2007

Godwin,

The Blackbear Homes Projects will be wrapping up
shortly. Possibly within the next week or 2? I will
revert back to you once closed and forward final
payment thereafter.

Carlton

============

Email to Mr. Baker dated 9/18/2006

Carlton:

I am not sure how to respond to your last mail. Suffice it to say, my board of directors have been very patient and have been given several promises which were never met. Consequently you will be held to the date that you gave.

I sincerely hope, that you will keep to the date, since all involved are tired of the status quo, and I would rather things do not escalate to the next level. Final and all payments regarding this matterare expected by wire transfer on the 25th of September, 2006. If you need me to resend the wire details, kindly advise BEFORE the 25th of September, 2006.

Godwin

In a message dated 9/18/2006 3:10:32 P.M. Eastern Standard Time, @yahoo.com writes:
Godwin,

The Blackbear Homes Projects will be wrapping up
shortly. Possibly within the next week or 2? I will
revert back to you once closed and forward final
payment thereafter.

Carlton
==============

Email from Mr. Baker dated 9/27/2007

Godwin,

Ginger and I are working vigorously to finalize this
loan. I am in contact with her every evening getting
the necessary papers in order. I will keep you posted.

Carlton

===================

Email from Mr. Baker dated 11/16/2007

Godwin,

We are 98% wrapped up with Ginger and another client
in Florida, they are trying to close one smaller deal
in which about $1,500 comm before Thanksgiving. I
thanks for your enormous patients.

Carlton

=========

END OF COMMUNICATIONS WITH MR. BAKER AND MR. HALL

Godwin
Sandy, Oregon
U.S.A.