Fossil Energy Inc - some interesting history
Today PGIE posted yet another signed agreement accompanied by another press release:
pgienergy.us/Press/PGI%20Energy%20Acquires%20Proven%20Oil%20&%20Gas%20Assets%20from%20Fossil%20Energy%20-%20NO%2028.pdf
pgienergy.us/disclosure/Kentucky%20model%20form%20operating.pdf
I saw the new disclosures today and decided to to some quick research. Turns out that Fossil Energy Inc also has some shady characters linked to the entity.
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Here is the Fossil Energy Inc website:
http://fossilenergyinc.com/index.html
Paul Grady - Chief Executive Officer
Montgomery George - President & Chief Operating Officer
William (Bill) Sturdevant - Chief Administrative Officer
Michael A. Hudson - Chief Financial Officer
Tari Vickery - Vice President of Regulatory Affairs
Jay Jackson - Exploration and Operations
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Fossil Energy Inc was incorporated in the state of Delaware on 7/27/08:
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Fossil Energy Inc was incorporated in the state of Colorado on 8/12/08 as a foreign entity domiciled in Delaware:
sos.state.co.us/biz/ViewImage.do?fileId=20081423412&masterFileId=20081423412
sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEntityResults&fileId=20081423412&masterFileId=20081423412&srchTyp=ENTITY&entityId2=20081423412&nameTyp=ENT
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Previous to becoming Fossil Energy Inc, the entity was known as Fossil Energy Group LLC (later merged into Fossil Energy Inc as the non-surviving entity):
Fossil Energy Group LLC was a Colorado business entity incorporated on 3/25/07 by
Created by Robert T McAllister with Robert T McAllister as its Resident Agent:
sos.state.co.us/biz/ViewImage.do?fileId=20071148725&masterFileId=20071148725
sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEntityResults&fileId=20071148725&masterFileId=20071148725&srchTyp=ENTITY&entityId2=20071148725&nameTyp=ENT
On 1/26/09 Fossil Energy Group LLC merged with the recently created Fossil Energy Inc entity:
sos.state.co.us/biz/ViewImage.do?fileId=20091051177&masterFileId=20071148725
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Fossil Energy Inc's current address and phone number:
445 Union Blvd Suite 209 Lakewood, CO 80228
(303) 345-6000
Is shared by TKV Consulting Inc as was their former address
215 S Wadsworth Boulevard # 550
Lakewood, CO 80226
manta.com/c/mtt5dsg/tkv-consulting
TKV Consulting Inc was set up as a business entity in Colorado on 12/22/98 by Robert T McAllister
sos.state.co.us/biz/ViewImage.do?fileId=19981226636&masterFileId=19981226636
The Resident Agent for TKV Consulting Inc is Terry Vickery:
Listed as the owner of Fossil Energy Inc/TKV Consulting Inc is Terry Vickery with Paul Gandy listed as the CEO according to the manta page linked above.
On 9/13/10 TKV Consulting Inc was dissolved as a Colorado business entity.
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Fossil Energy Inc filed a Reg D 506 Exemption public offering with the SEC on 8/28/08:
sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001444178&owner=exclude&count=40
sec.gov/Archives/edgar/vprr/08/9999999997-08-037617
Officers/Directors for Fossil Energy Inc listed on the Form D filing:
Paul Grady
George Montgomery
William (Bill) Sturdevant
Tari Vickery
Monraaj Sahota
Robert McAllister
The private placement was for the states of California, Colorado, Nevada, and Wyoming.
A 506 offering allows an unlimited number of accredited investors to be solicited and up to 35 other investors to be solicited for funds.
That makes this following link interesting ... it appears that random people may have been called on the phone and solicited for funds in connection to the 506 offering (probably not entirely legal if that is the case):
http://whocallsme.com/Phone-Number.aspx/3033456000
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I found the two similar spellings of Tari/Terry Vickery to be interesting. Tari Vickery is the only officer/directory on the Fossil Energy Inc website without a bio set up.
Turns out that Terry Vickery and Tari Vickery are husband and wife (more on this later in the post).
Robert T McAllister who is listed as a Director for Fossil Energy Inc on the 506 placement filing and in the initial filing for TKV Consulting has a long history with Terry Vickery.
Robert T. McAllister was a licensed defense attorney in the state of Colorado:
lawlink.com/attorney/847519
coloradosupremecourt.com/Search/Attdet.asp?Reg=10350#
coloradosupremecourt.com/Search/SCInfo.asp?Regnum=10350
McAllister is most famous for his role as the defense attorney for Edgar Steele in the murder for hire case. Steele was convicted on all counts, but following the case there was much controversy surrounding McAllister and his use of defense funds.
Robert T McAllister was disbarred affective July 8, 2011:
http://whitereference.blogspot.com/2011/06/former-edgar-steele-lawyer-robert.html
Terry Vickery is mentioned in the article in connection to misappropriated funds received by McAllister during a much older case:
According to a stipulation filed in the Colorado Supreme Court, McAllister acknowledged receiving $105,255.43 of client funds without permission or while the money was restricted by court order: $100,000 was held in the name of McAllister client Terry Vickery and had been frozen by a court order; $5,255.43 was a check payable to MNT Enterprises that the recipient had decided against cashing; McAllister asked the check writer, an insurer, to reissue the check in his name. A series of bad real estate deals provided the financial motive for McAllister’s transgression. McAllister has long since repaid the clients.
spokesman.com/blogs/sirens/2011/jun/09/edgar-steeles-lawyer-disbarred-colo/
lawweekonline.com/2011/06/well-known-denver-lawyer-robert-t-mcallister-is-disbarred/
Here is the disbarment litigation against McAllister:
media.spokesman.com/documents/2011/06/DOC198.pdf
According to the articles linked above a major factor in McAllister's disbarment was his relationship with Terry Vickery
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Besides being long time business partners, McAllister has represented Vickery on more than one occasion.
This link talks about Vickery's role as one of the ring leaders of a telemarketing scheme during the late 90s and McAllister's role as Vickery's defense attorney:
extras.denverpost.com/business/biz0221h.htm
State indicts 14 in alleged scheme
The 139-page indictment details a complex scheme that took place between September 1995 and June 1998. Authorities say KidZtime purported to be a start-up cable network that would air nonviolent children's programming. KidZtime claimed to be setting up affiliates in several metropolitan areas, investigators said.
Telephone solicitors - claiming to be from Cap Funding, the fund-raising arm of KidZtime - called potential investors at random and persuaded them to buy "units" in the company for $10,000 a piece. Investors were told KidZtime would make money from advertisements aired during its programming, the indictment alleges.
But KidZtime, which had offices in Denver, Lakewood and Columbus, Ohio, never produced any programming of its own, and it never had any advertisers, officials say.
"The networks and affiliates never constituted viable businesses, but operated entirely with continual infusions of new investors' capital," the indictment reads. "When the offerings stopped, the networks and the affiliates collapsed in failure. Most investors in the scheme suffered a total loss of their investments."
"This case never should have been brought," said Robert McAllister, the attorney for Terry Vickery, who is accused of being one of the ringleaders of the telemarketing scheme.
http://extras.denverpost.com/business/biz0222h.htm
More than 4,000 people lost $47 million they invested in the network, with the promise of high returns, between 1995 and 1997, court documents show. KidZtime, according to the indictment, never produced any programming of its own and was never a viable business.
A lawyer for 50 investors who claim they were swindled said Wednesday the indictments show a pattern for many of the defendants.
Vickery, who is alleged to have made more than $6.5 million in commission from KidZtime investments, was sued in 1995 by the Federal Trade Commission over a company he ran called Digital Interactive Associates. The FTC said Digital Interactive defrauded consumers of up to $19 million.
That suit was later settled, McAllister said.
Vickery and Digital Interactive were also investigated by the state Division of Securities in 1994. The division raided Vickery's offices, McAllister said, but later returned the items taken in the raid at the order of a Denver district judge.
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This article clarifies the relationship between Tari Vickery and Terry Vickery:
http://www.highbeam.com/doc/1G1-72100551.html
SCAM SUSPECTS LIVING IN LUXURY PROSECUTORS SAY MEN RECEIVED WINDFALL IN ALLEGED KIDZTIME FRAUD
Two Coloradans charged in a multimillion-dollar kids TV scam are living Lexus lives in the metro area's costlier suburbs, according to public records.
Terry Kenneth Vickery, 36, and his wife, Tari Vickery, have a Morrison home valued at more than $600,000. Among their vehicles is a 2000 Lexus SUV.
State prosecutors say Terry Vickery received more than $6.5 million in the late 1990s in sales commissions from the alleged securities fraud
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Related link to the FTC vs Digital Interactive Associates, Inc case:
caselaw.findlaw.com/co-court-of-appeals/1386962.html
The FTC vs Digital Interactive Associates, Inc case resulted in a final order for permanent injunction and settlement of claims as to defendants Terry K. Vickery and David Dambro.
Digital Interactive Associates, Inc was a Nevada business entity set up on 4/7/94 with Terry Vickery as its president:
nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=qaC41A%252b8S%252biR0D%252fQQesX2A%253d%253d&nt7=0
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KidZtime TV, Inc was a Colorado Business entity formed on 5/15/96
The resident agent at the time of incorporation is Robert T McAllister:
sos.state.co.us/biz/ViewImage.do?fileId=19961066342&masterFileId=19961066342
When the Security Violations started coming down McAllister resinged as the Resident agent in 1999 and the entity was dissolved:
sos.state.co.us/biz/ViewImage.do?fileId=19991071186&masterFileId=19961066342
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But it doesn't end there. Vickery and McAllister show up in SEC litigation from 2003 against Zion Capital Management LLC. McAllister was the attorney representing the Defendant, Ricky Land. Terry Vickery is mentioned as an initial business partner of Ricky Land in 1996 through the entity, Jayhead Investments LLC.
sec.gov/litigation/opinions/33-8345a.pdf
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Paul Grady, the CEO of Fossil Energy Inc, also has a long history with Terry Vickery.
The two of them were directors together back in 2002 with a company known as Consumer Direct of America, Inc.
Consumer Capital Holdings, Inc was a telemarketing company that in 2002 did a stock purchase agreement with Blue Star Coffee Inc becoming a publicly trading company:
sec.gov/Archives/edgar/data/1138173/000116023802000040/cdoa8kamended05.txt
.sec.gov/Archives/edgar/data/1138173/000116023802000040/exhibit99cdoa2.txt
After taking over the shell the company changed its name to Consumer Direct of America, Inc. and started specializing in the mortgage business.
On the bottom of this S-8 form filed on 11-27-02 you'll see both Grady and Vickery listed as directors:
sec.gov/Archives/edgar/data/1138173/000089256902002445/a86264orsv8.htm
By 8/20/03 Vickery was no longer listed as a director for the company, but Grady was promoted to Executive Vice President.
sec.gov/Archives/edgar/data/1138173/000089256903002048/a92624sbv2.htm
Paul Grady joined the Company in May 31, 2001. Prior to joining the Company, he was the Co-founder and Chief Operating Officer of City Mortgage. Mr. Grady is founder, President and CEO since 1990 of Commercial Capital, Inc., d/b/a City Mortgage, with principal executive office in Las Vegas, Nevada. City Mortgage has grown to provide $80 million in residential financing and over $20 million in commercial financing, with $100 million for 1998. City Mortgage moved from a strictly brokerage firm providing conventional and private investor fundings to a full service “mortgage banking firm” with licensing in four western states and affiliations allowing financing in all 50 states. In 2000, Mr. Grady merged City Mortgage with an electronic mortgage company. Mr. Grady received a Bachelor of Science Degree from Ohio State University.
Paul Grady remained the Vice President until 2005.
Consumer Direct of America later became Shearson Financial Network Inc which was a very controversial company filing for bankruptcy and then having its security registration revoked by the SEC. Officers of Shearson Financial Network were named in a huge civil suit in 2009 labeled as a mortgage fraud and securities fraud by investors.
investorshub.advfn.com/boards/board.aspx?board_id=7169
sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001138173
Paul Grady's bio for Fossil Energy Inc:
Mr. Grady has a broad and varied background in business, both domestic and international. After having spent a decade managing nearly every facet of an international resort company, Mr. Grady started his own mortgage banking operation in Las Vegas, Nevada. The company doubled in size every year for six years. After nine years of operation, Mr. Grady sold the company to a firm specializing in high tech underwriting software. In 2001, Mr. Grady helped to establish a publicly traded Mortgage Banking company called Consumer Direct of America. Through growth and acquisitions, the company reached 1.5 billion in annual mortgage originations. Mr. Grady was the executive vice-president in charge of secondary marketing, underwriting, compliance and regulatory issues.
After leaving the mortgage business in 2005, Mr. Grady helped to establish and build a sports nutrition company from $20,000 per month in revenue during the start-up phase to over $2 million per month within two years. Mr. Grady was responsible for supply chain, manufacturing, inventory management, shipping, quality control and compliance as well as Research and Development. Mr. Grady brings a broad understanding of business and finance to the management team.