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Yes - this is all a huge, messy storm

Haboob Daniel is still going strong. Someone ( his parents most likely since Arcelie is no longer considered an heir unless his will states otherwise ) has to sort this out. Appoint a personal representative then get a lawyer for probate of his estate and to figure out who gets control of his LLCs.

It will take time, perhaps a long time, before anything concrete happens.

Since he did not have a trust, probate will take a very long time, and we are talking about YEARS ! And, as most of us have heard, it can and will become very, very public.

Essentially, nothing has changed for the Esmeralda investors. The fact that there will be little, if any, restitution hasn't changed. I know some think he has money stashed away somewhere to be found. Perhaps he does. Maybe a million or two. But there isn't $27 million anywhere since he divested himself of ownership in Esmeralda to get it out of the reach of collection efforts, the equity it might possess is not able to be claimed for investors. And that was his intention / motive for doing that.

So all you can do is wait and hope. Some were discussing meeting as a group to file a claim against his estate. Even those who already have their personal judgments for payment of their notes can't file a claim against his personal estate, because the judgments are against IPX, not Daniel. He died before any of them got to the legal determination that he was personally liable for the debt because of the fraud issues. No one ever managed to pierce the corporate veil. What I don't know is this - Did the ACC Consent Order pierce the veil? Even if it did, the entire assets of Daniel and his LLCs is probably a very low dollar amount. Equity Financial Planning alone is over $1.2 million in debt, due to an unpaid loan.

9 comments

9 Comments

mswp1214

Jan 21, 2020

The press coverage you sent out said he was the only occupant in the vehicle. In addition, how do you know anything about his son wanting to go to the grave everyday. You wrote yourself that you were not a friend of the family, and stated that all this information you got came from his ex-partner. Why should anyone trust someone who was in partnership with Daniel? Nothing was ever posted in the Phoenix paper about his death or obituary.

As an ex-state police officer, I fully understand why these people have doubts about his death. Stranger things have happened with other con artists. My point? Quit acting like these people have no right to question this.

Ann Hyde

Jan 21, 2020

Replying to

I have very close ties with people in the inner circles of the family and close friends. Have spoken to several former IPX employees who attended both services. Several investors attended, and we're appropriately respectful and also verify he was indeed laid out. My sources of information are quite varied... Not just one. However, I gain their trust and continued insider information by honoring my pledge to not reveal my source on some things and to not post specific information they intend for me only.

dontrack1

Jan 20, 2020

Did anyone go to the funeral or visitation? Still highly suspect he is actually dead. Thank you for your input.

Ann Hyde

Jan 20, 2020

Replying to

Perhaps you would like to be the person to tell his little boy who crawled out of the wreck to call for help, who has panic and crying fits at a moment's notice, who stood at the open casket during the entire 3 hour of the viewing and refused to leave and repeatedly asked to just hug Daddy, who demands to go his Daddy's grave every day since, that his Daddy is just faking it? Seriously, I thought we were past the doubts.

tharo19

Jan 21, 2020

Replying to

My mother did actually attend the viewing and mass.

Ann Hyde

Jan 21, 2020

Replying to

@tharo19 Welcome to the Forum. @tharo19 just joined us today.

pam450

Jan 20, 2020

To Ann or whomever can answer.

What is Nick's involvement with Esmeralda? Did Nick or Daniel (as he claimed) have title to the property. Are their any current open laws suits to resolve this issue. Someone commented that there is still activity /construction(?) at Esmeralda. Who is building there. Also if Daniel's many LLCs claim himself as the only governing member or owner of the LLC, wouldn't any assets in these LLCs be considered to be part of his personal estate. The ACC order indicated that in addition to the 2 named LLCs that he was personally responsible for restitution.

BTW - I also contacted Toni at the ACC. She indicated the the ACC will handle all collection issues and that ACC's order for over $26 million would supersede any personal action taken against his estate.

I am not an at attorney. I am hoping Daniel did not out-con everyone even in his death.

Ann Hyde

Jan 20, 2020

Replying to

I will post about the Esmeralda ownership and on going construction (it's a long story) when I have more time. @pam450 , actually now neither Nick nor Daniel have any ownership, but that comes with a caveat to be explained later. Daniel's claims he had physical control back were just more lies from the liar-in-chief. His "lawsuit" in Mexico was never a lawsuit. He had filed a legal complaint (much like we do here with the AG) with the investigative judge in Sonora. They investigated and determined there was no, or at least insufficient, evidence to support his claims, and it has been dismissed. It is my understanding (no confirmation of this) that the judge advised him to file a civil suit, and if he prevailed they would look at it again for any possible criminal charges.

I do not think Toni was completely correct..... judgments go in the chronological order of the filings. Several of the investors in their civil cases have judgments that precede the ACC's consent order/judgment. They get paid first, as I understand it. NEW claims against him personally or the LLCs named in the ACC judgment, would come after the ACC judgment.

The BIG question is this - Did the ACC Consent Order and judgment "pierce the corporate veil?" That would make everything he owned or has in his personal estate and the businesses garnish-able in the AG collections process. I have read all the garnishee motions on the judgment thus far, and I do not find evidence that they have named any of the other LLCs as garnishees. Only IPX, Sandy Beach Esmeralda Development and Daniel's personal bank accounts.

Here's the real problem.... IF all the LLC's and their assets and debts go into a big pile to be sorted out, I am afraid the debts (not including the judgments) may FAR exceed the assets. His entire "estate" may be in the red. Would the private $1.2 million loan to EFP get paid before it goes in the big pile? Regardless, EFP will go into the total as a big negative. But these are things we can ferret out over the next 6 months of this process.

Ann Hyde

Jan 20, 2020

Replying to

Did you see this post where Daniel discusses transferring (selling) his shares?

https://www.ipx-the-aftermath.com/forum/drip-drip-drip/not-new-to-me-but