Now that D?Arcy has come back, we would like to address some of the questions people have asked since our initial post.
Can you restore the company (Sosua Property)?
The company is not ours to restore. As we had plans to move to another country, we were advised that our best option was to sell the company and transfer all of the shares therefore releasing ourselves from any future liability.
Was a non-compete clause included in the contract?
Yes, there was a 2 year non-compete clause which is still in effect, as D?Arcy purchased the company outright.
Have we received the full amount owed for the company?
No, as the ?sales contract? stated that the company was paid for in full, there was a second contract signed that included a payment plan for the amount of money we loaned to D?Arcy for the purchase of the company. According to the ?loan? contract, the first payment was due on January 1, 2010. Although this contract is now in default, it does not affect the original ?sales? contract, and only gives us the option to target his assets. As the company is no longer an asset, as all of the clients have left, this leaves us the option to go after some desks and office equipment as well as our car (97 Toyota Rav 4) that was included in the contract (although it is currently sitting in the repair shop with a $43,000rd invoice owing for the accident D?Arcy had). After paying the attorney fees for this, there certainly wouldn?t be much left over.
Have the ex-employees been paid?
There was not enough money in the office to pay the employees their payroll for December 1 ? 15 and their Navidad (13th month), however thanks to some very generous people from a couple of the associations, we came pretty close. The employees did not however receive their liquidation (including one employee on maternity leave) and their health insurance expires this month as the premiums were not paid (including the employees new baby).
Have trashed reputations been vindicated?
No, although it is now obvious that we did not murder D?Arcy, the finger pointing has not stopped. Now it has turned to us being responsible because the ?kidnappers? were actually looking for Curt (all of this is comes from Rocky?s). In addition, we are still being accused of ?cooking the books? and selling D?Arcy a ?Lemon?.
Is it true that the ?kidnappers? were looking for Curt?
No, no phone calls or ransom demands were made for the safe return of Curt. In addition, we never received a phone call from anyone actively at "Ground Zero" upon D?Arcy?s return warning us that since the ?kidnappers? now knew that they had the wrong guy, Curt might be in danger.
Were the employees liquidated upon the sale of the company?
No, there was no need to liquidate the employees for a couple of reasons. They actually had been working for the corporation that was sold, and since they were continuing to work for that corporation, there was no need to liquidate them. If an employee quits, or is fired ?with cause?, severance pay/unemployment is not owed to that employee if all of the correct legal steps are taken, therefore again, there was no reason to liquidate the employees due to a sale.
Did Todd ever repay the money to open the safe?
No, not only did he not pay the $3,500rd for opening the safe, our expenses have continued in association with D?Arcy?s disappearance.
In addition to the $34,478rd stated in our original post, we have since paid and additional $5,400rd to cancel the telephone contracts as the name transfer was never completed, we will also be responsible for the December invoice.
Have you spoken to D?Arcy?
No, we have not heard one word from D?Arcy, his family, nor anyone at ?Ground Zero? since his return.
--------------------------------------------------------------------------
Questions that we have:
According to the phone records, Marco from Rocky's called D'Arcy on December 7th & 8th, and then not again (D'Arcy went "missing" on the 9th)... If your best friend was "missing", why would you not call and leave him a message? In addition, we did not see any phone calls from family members, the only 2 international calls came from NY.
Why was it so important to pick up D'Arcy's belongings on Christmas Eve?
How did his brother know to specifically look and ask for a 23" Samsung monitor and "other" little digital camera (at the house) and his IPhone charger (at the office) when he was picking up all of D'Arcy's personal belongings?
Why didn't we ever hear from D'Arcy upon his return to thank us for contacting the Canadian Consular Office, posting fliers all around town, fielding phone calls, paying his company bills, taking care of his employees (to the best of our ability), etc...?
Why didn't we get any response from Marco or Todd on December 15th when we notified them that D'Arcy had logged into his Facebook account (we have screenshots of D'Arcy being logged in and screen shots of Marco being notified (and not responding)?
This is it, as far as facts go - we have tried very hard to keep our opinions out of this and will not get tied up in the back/forth. If you have a legitimate question that we can answer, feel free to send us a PM.
Curt Erickson & Sandi Stutesman