| Index 1 |
| Previous |
| Next |
| Copyright © 2009-2013, MARC CAMPUS |
Subject: Fri, 06 Oct 2000 Memorandum
From: James Baarda
Extracts:
Below is the memorandum I agreed to produce with a legal analysis of possible actions for compensation on several
matters.
Purpose and Contents of Analysis
The purpose and contents of this analysis are based on and satisfy our agreement to conduct a preliminary analysis of the
status of your damages claims and possible strategies that may be applied to recover those damages.
We agreed to make an initial assessment of appropriate strategies to move your business interests forward and protect
claims you may have for damages.
The damages and claims related to the Gaza venture are not now being actively pursued pending future discussions with
Mr. Arafat and this assessment of damages possibilities will help determine how to proceed.
We tentatively focused on a United States business organization that will place you in a good position to engage in
productive business activities should that be your decision given the results of this analysis.
However, we also assume that any business venture will depend on recovery of damages related to the Gaza venture
or
from compensation from the French government based on the harm caused by the improper failure to accurately record
the results of litigation.
…
Introduction
I have considered all the materials you have provided. Thank you for your response to my several questions. We have a
good set of facts with which to make some assessments.
First, I want to indicate how impressive your tremendous efforts have been not only with regard to the attempts to
introduce a world class equestrian establishment to Palestine but the business plans to follow up as well. In addition,
the extraordinarily creative designs and plans regarding clothing, equipment, and the horse trailer are of immense
value if they can be implemented and reduced to a profitable manufacturing and marketing system. It is, indeed,
tragic that this has not been accomplished for the various reasons you have described.
…
I. General Factual Review
Much of what follows is a summarization of the issues that you face divided into possible claims you have for
compensation or other forms of remedies. The purposes of the summarization is to identify the kind of facts that focus on
the legal rather than political issues understanding, of course, that the underlying reasons that some of these events
occurred were based on political and economic issues.
...
III. Current Legal Status of Disputes
1. Claims Against PUE/Arafat
Damages claimed for which recovery is sought are several.
(1) The "gift" of the horses was conditioned on an agreement that Ms. Maquard and Mr. and Mrs. Campus would be in
charge of the horses' care and training and that the training would be for the specific purpose of increasing Palestine's
visibility in the equine sport by active participation in the Olympic games. The transfer was additionally conditioned on
the undertaking by the PUE to provide support, buildings, training facilities, and accommodations for the horses and for
Ms. Maquard and Mr. and Mrs. Campus. None of these conditions were met and the objectives of the transfer of the
horses to the Palestinians has not been achieved because of those failures.
(2) The arabian horse "Manar" with an estimate value of over $1 million was not in the original offer of transfer but has
nevertheless been retained.
(3) It appears from indirect information that some breeding use has been made without compensation for that valuable
service.
…
From: James Baarda
Extracts:
Below is the memorandum I agreed to produce with a legal analysis of possible actions for compensation on several
matters.
Purpose and Contents of Analysis
The purpose and contents of this analysis are based on and satisfy our agreement to conduct a preliminary analysis of the
status of your damages claims and possible strategies that may be applied to recover those damages.
We agreed to make an initial assessment of appropriate strategies to move your business interests forward and protect
claims you may have for damages.
The damages and claims related to the Gaza venture are not now being actively pursued pending future discussions with
Mr. Arafat and this assessment of damages possibilities will help determine how to proceed.
We tentatively focused on a United States business organization that will place you in a good position to engage in
productive business activities should that be your decision given the results of this analysis.
However, we also assume that any business venture will depend on recovery of damages related to the Gaza venture
or
from compensation from the French government based on the harm caused by the improper failure to accurately record
the results of litigation.
…
Introduction
I have considered all the materials you have provided. Thank you for your response to my several questions. We have a
good set of facts with which to make some assessments.
First, I want to indicate how impressive your tremendous efforts have been not only with regard to the attempts to
introduce a world class equestrian establishment to Palestine but the business plans to follow up as well. In addition,
the extraordinarily creative designs and plans regarding clothing, equipment, and the horse trailer are of immense
value if they can be implemented and reduced to a profitable manufacturing and marketing system. It is, indeed,
tragic that this has not been accomplished for the various reasons you have described.
…
I. General Factual Review
Much of what follows is a summarization of the issues that you face divided into possible claims you have for
compensation or other forms of remedies. The purposes of the summarization is to identify the kind of facts that focus on
the legal rather than political issues understanding, of course, that the underlying reasons that some of these events
occurred were based on political and economic issues.
...
III. Current Legal Status of Disputes
1. Claims Against PUE/Arafat
Damages claimed for which recovery is sought are several.
(1) The "gift" of the horses was conditioned on an agreement that Ms. Maquard and Mr. and Mrs. Campus would be in
charge of the horses' care and training and that the training would be for the specific purpose of increasing Palestine's
visibility in the equine sport by active participation in the Olympic games. The transfer was additionally conditioned on
the undertaking by the PUE to provide support, buildings, training facilities, and accommodations for the horses and for
Ms. Maquard and Mr. and Mrs. Campus. None of these conditions were met and the objectives of the transfer of the
horses to the Palestinians has not been achieved because of those failures.
(2) The arabian horse "Manar" with an estimate value of over $1 million was not in the original offer of transfer but has
nevertheless been retained.
(3) It appears from indirect information that some breeding use has been made without compensation for that valuable
service.
…
