| Index 1 |
| Previous |
| Next |
| Copyright © 2009-2013, MARC CAMPUS |
Subject: Preliminary to Memorandum agreement
Date: April 12, 2000
…
As I have indicated to Irene, this is a most interesting case and, if we can find effective strategies to pursue your interests and
can find a mutually agreeable way to represent you, we would fully commit ourselves to represent you effectively and vigorously
using the full range of options open here in the United States and in other jurisdictions to achieve maximum recovery for the
damages done to you by wrongful conduct and breach of contractual terms.
…
Subject: Fri, 06 Oct 2000 Memorandum
From: James Baarda
Extracts:
I. General Factual Review
1. Palestine Union of Equitation/Yasser Arafat
…
On June 24, 1995, Ms. Maquard met with Mr. Yasser Arafat. During the meeting, Ms. Maquard informed Mr. Arafat of her intention
to donate four international class horses that Mr. Marc Campus could train for participation in the Olympics to be held in Atlanta,
Georgia. In return, Mr. Arafat agreed to assist in the development of the economic program suggested by Ms. Maquard.
…
Mr. Arafat designated Youssef Al Deggs and Mr. Souheil Aabed of Palestinian Union of Equitation as program coordinators. This
project was one of the first to give the Palestinian entity international recognition. Subsequent experience with Mr. Aabed was
disappointing. As a result of Aabed's activities, money was wasted and the program could not proceed as planned. Specifically,
facilities required for housing and training were completely inadequate to carry out the purposes of the program.
…
In January, 1996, after the failure of the initial plans for training caused by the failure of PUE to provide adequate facilities, Ashem
Abu Nada took charge of the horses. Abu Nada is associated with Al Bahar as general manager and is also a financial advisor to
Mr. Arafat… PUE and Al Bahar are both controlled by Mr. Arafat or members of his family. In either case, PUE and Al Bahar are
much like government enterprises.
2. Al Bahar Co., Ltd.
In February of 1996, you investigated business opportunities in Gaza for the purpose of manufacturing a specially-designed line
of clothing for individuals involved in equine activities the overall purpose of which was to provide Palestinian employment. You
created a complete line of clothing.
On March 2, 1996, you entered into an agreement with Al Bahar Co., Ltd., in which Al Bahar agreed to provide a workshop to
manufacture the line of clothing
…
In addition, Al Bahar was to support the establishment of a marketing effort in Quebec, Canada.
As a result of the agreement with Al Bahar and associated commitments, you engaged in two types of activities: A) Manufacture,
B) Marketing
Al Bahar agreed to finance the manufacture of the products, primarily riding clothes. The agreed strategy was to develop a top-
of-the-line product for a world market.
…
In May, 1996, Marc and Marie Campus traveled to Quebec, Canada, to engage in marketing efforts for Al Bahar as provided in the
agreement with Al Bahar.
… The Al Bahar workshop is closed in October of 1996….
And all activities in Canada were terminated…
III. Current Legal Status of Disputes
This section summarizes the efforts you have made through various means to obtain relief and damages.
1. Claims Against PUE/Arafat
A. Direct Actions on Claims
You have taken numerous steps over a period of time to protest this action beginning in 1996 and continuing to the present. No
satisfactory explanation of the situation has been given by anyone connected with PUE or its successor organizations, and no
liability nor recognition of the arrangements have been admitted.
…
B. Actions in French Judicial System
You have taken a number of actions in the French judicial and political system to address the issue, including the Al Bahar
problem. These actions include direct contacts with French officials outside the legal system and by judicial proceedings in
France against PUE.
…
2. Compensation Claims Related to Al Bahar
Damages sought relate to the operation of the manufacturing shop and the agreements for salary and performance. …
A. Direct Contact with Al Bahar
…
B. Claims Brought in French Courts
You have brought several actions at various times and in various courts.
…
A claim for abuse of trust was also filed in October, 1999. The Prosecutor rejected the claim in November, 1999, based on a
jurisdictional issue. A second reason for rejection, offered in January, 2000, was of irregularity in the procedure. In another
visit by Ms. Maquard to the prosecutor's office, Ms. Maquard was told she should proceed through the Justice Minister,
which she declined to do because indications are that such a proceeding would be fruitless.
VII. Remaining Strategies
…Actions can be divided into those aimed at recovering past damages by other possible means, those that incorporate and
implement things that you have done that still have value, and a look toward arrangements that can be useful for future business.
1. Claims Against PUE/Arafat
…you have a very persuasive position and have been clearly harmed by the actions of PUE and those associated with PUE. It
appears that the only way to receive any relief is through persuasive methods. As you know, you will face political difficulties . …
You have taken steps to make the necessary contacts. In addition, a carefully written documentation of the events leading up to
and surrounding the transfer of the horses and subsequent failure to perform even minimally should be helpful. Such a
document would describe your original intent to institute a world-class equestrian program in Palestine, describe the problem,
describe the harm caused to you, and outline the relief you seek. Such a document can find its way to individuals with whom you
have no contact nor opportunity to contact. It may also be used to place some blame and a level of shame on the perpetrators that
may be helpful.
When assessing relief that you desire, you will wish to carefully consider as many options as possible - including imaginative
solutions.
For example, would there be any possibility of resuming the original project with modification and new associations in Palestine?
Would some kind of exchange be possible that would give you something back but let the Palestinians save face?
2. Claims Against Al Bahar
…
Repeating my previous suggestion, you may wish to consider imaginative solutions such as a resumption of activities with
Al Bahar with different personnel and different economic climate.
…
5. Priceless Assets
You collectively have an extraordinarily valuable resource in the combination of knowledge of the industry and the animals; the
wonderful creativity of design for clothing and equipment; and the desire to put this together in working enterprises. … If that is
done successfully, there is practically no limit to returns and rewards.
6. Positive Strategies
I do not know at this point what strategies you may be considering for business development or whether it may involve the United
States. …
…
The design of any venture should play to the enormous strengths you collectively bring to an enterprise. There is nothing I can
add to your considerable experience with business arrangements.
Following are notes on four arrangements you may consider:
Investment-based business. The most obvious method of business development is one based on the contributions of investors
for the financial strength of the company, with you contributing creativity and perhaps management. …
Joint Ventures. Individuals with special skills or knowledge often implement those skills or knowledge through joint venture
arrangements…
Sponsorship. It may be possible to identify a business or person that would "sponsor" the skills you have collectively to benefit
themselves and their business. This may range from clothing or equipment manufacturers and marketers to horse farms to
horse feed and nutrition businesses.
Intellectual Property. If the creativity in design of clothing and equipment can be legally protected, they are a commodity that has a
value in and of itself. Offering the design to a manufacturer or a marketer in exchange for royalty payments based on production is
a relatively common method of capitalizing on the creativity…
VIII. Concluding Comments
…my task was to give you the best legally-based assessment possible that will provide a basis for future decisions on your part,
and that is the sole purpose of this memorandum.
You will certainly have questions and criticisms regarding this analysis. Please call, fax or e-mail me so that I can address such
issues.
From: James Baarda
Date: Mon, 16 Oct 2000 Response
….
I believe that the value of my report is significant to provide a guide for whatever business ventures you may pursue. It appears
to be even more valuable now to demonstrate that the legal and business aspects of your endeavors have been and will be
hindered by involvement in international political affairs.
….
Date: April 12, 2000
…
As I have indicated to Irene, this is a most interesting case and, if we can find effective strategies to pursue your interests and
can find a mutually agreeable way to represent you, we would fully commit ourselves to represent you effectively and vigorously
using the full range of options open here in the United States and in other jurisdictions to achieve maximum recovery for the
damages done to you by wrongful conduct and breach of contractual terms.
…
Subject: Fri, 06 Oct 2000 Memorandum
From: James Baarda
Extracts:
I. General Factual Review
1. Palestine Union of Equitation/Yasser Arafat
…
On June 24, 1995, Ms. Maquard met with Mr. Yasser Arafat. During the meeting, Ms. Maquard informed Mr. Arafat of her intention
to donate four international class horses that Mr. Marc Campus could train for participation in the Olympics to be held in Atlanta,
Georgia. In return, Mr. Arafat agreed to assist in the development of the economic program suggested by Ms. Maquard.
…
Mr. Arafat designated Youssef Al Deggs and Mr. Souheil Aabed of Palestinian Union of Equitation as program coordinators. This
project was one of the first to give the Palestinian entity international recognition. Subsequent experience with Mr. Aabed was
disappointing. As a result of Aabed's activities, money was wasted and the program could not proceed as planned. Specifically,
facilities required for housing and training were completely inadequate to carry out the purposes of the program.
…
In January, 1996, after the failure of the initial plans for training caused by the failure of PUE to provide adequate facilities, Ashem
Abu Nada took charge of the horses. Abu Nada is associated with Al Bahar as general manager and is also a financial advisor to
Mr. Arafat… PUE and Al Bahar are both controlled by Mr. Arafat or members of his family. In either case, PUE and Al Bahar are
much like government enterprises.
2. Al Bahar Co., Ltd.
In February of 1996, you investigated business opportunities in Gaza for the purpose of manufacturing a specially-designed line
of clothing for individuals involved in equine activities the overall purpose of which was to provide Palestinian employment. You
created a complete line of clothing.
On March 2, 1996, you entered into an agreement with Al Bahar Co., Ltd., in which Al Bahar agreed to provide a workshop to
manufacture the line of clothing
…
In addition, Al Bahar was to support the establishment of a marketing effort in Quebec, Canada.
As a result of the agreement with Al Bahar and associated commitments, you engaged in two types of activities: A) Manufacture,
B) Marketing
Al Bahar agreed to finance the manufacture of the products, primarily riding clothes. The agreed strategy was to develop a top-
of-the-line product for a world market.
…
In May, 1996, Marc and Marie Campus traveled to Quebec, Canada, to engage in marketing efforts for Al Bahar as provided in the
agreement with Al Bahar.
… The Al Bahar workshop is closed in October of 1996….
And all activities in Canada were terminated…
III. Current Legal Status of Disputes
This section summarizes the efforts you have made through various means to obtain relief and damages.
1. Claims Against PUE/Arafat
A. Direct Actions on Claims
You have taken numerous steps over a period of time to protest this action beginning in 1996 and continuing to the present. No
satisfactory explanation of the situation has been given by anyone connected with PUE or its successor organizations, and no
liability nor recognition of the arrangements have been admitted.
…
B. Actions in French Judicial System
You have taken a number of actions in the French judicial and political system to address the issue, including the Al Bahar
problem. These actions include direct contacts with French officials outside the legal system and by judicial proceedings in
France against PUE.
…
2. Compensation Claims Related to Al Bahar
Damages sought relate to the operation of the manufacturing shop and the agreements for salary and performance. …
A. Direct Contact with Al Bahar
…
B. Claims Brought in French Courts
You have brought several actions at various times and in various courts.
…
A claim for abuse of trust was also filed in October, 1999. The Prosecutor rejected the claim in November, 1999, based on a
jurisdictional issue. A second reason for rejection, offered in January, 2000, was of irregularity in the procedure. In another
visit by Ms. Maquard to the prosecutor's office, Ms. Maquard was told she should proceed through the Justice Minister,
which she declined to do because indications are that such a proceeding would be fruitless.
VII. Remaining Strategies
…Actions can be divided into those aimed at recovering past damages by other possible means, those that incorporate and
implement things that you have done that still have value, and a look toward arrangements that can be useful for future business.
1. Claims Against PUE/Arafat
…you have a very persuasive position and have been clearly harmed by the actions of PUE and those associated with PUE. It
appears that the only way to receive any relief is through persuasive methods. As you know, you will face political difficulties . …
You have taken steps to make the necessary contacts. In addition, a carefully written documentation of the events leading up to
and surrounding the transfer of the horses and subsequent failure to perform even minimally should be helpful. Such a
document would describe your original intent to institute a world-class equestrian program in Palestine, describe the problem,
describe the harm caused to you, and outline the relief you seek. Such a document can find its way to individuals with whom you
have no contact nor opportunity to contact. It may also be used to place some blame and a level of shame on the perpetrators that
may be helpful.
When assessing relief that you desire, you will wish to carefully consider as many options as possible - including imaginative
solutions.
For example, would there be any possibility of resuming the original project with modification and new associations in Palestine?
Would some kind of exchange be possible that would give you something back but let the Palestinians save face?
2. Claims Against Al Bahar
…
Repeating my previous suggestion, you may wish to consider imaginative solutions such as a resumption of activities with
Al Bahar with different personnel and different economic climate.
…
5. Priceless Assets
You collectively have an extraordinarily valuable resource in the combination of knowledge of the industry and the animals; the
wonderful creativity of design for clothing and equipment; and the desire to put this together in working enterprises. … If that is
done successfully, there is practically no limit to returns and rewards.
6. Positive Strategies
I do not know at this point what strategies you may be considering for business development or whether it may involve the United
States. …
…
The design of any venture should play to the enormous strengths you collectively bring to an enterprise. There is nothing I can
add to your considerable experience with business arrangements.
Following are notes on four arrangements you may consider:
Investment-based business. The most obvious method of business development is one based on the contributions of investors
for the financial strength of the company, with you contributing creativity and perhaps management. …
Joint Ventures. Individuals with special skills or knowledge often implement those skills or knowledge through joint venture
arrangements…
Sponsorship. It may be possible to identify a business or person that would "sponsor" the skills you have collectively to benefit
themselves and their business. This may range from clothing or equipment manufacturers and marketers to horse farms to
horse feed and nutrition businesses.
Intellectual Property. If the creativity in design of clothing and equipment can be legally protected, they are a commodity that has a
value in and of itself. Offering the design to a manufacturer or a marketer in exchange for royalty payments based on production is
a relatively common method of capitalizing on the creativity…
VIII. Concluding Comments
…my task was to give you the best legally-based assessment possible that will provide a basis for future decisions on your part,
and that is the sole purpose of this memorandum.
You will certainly have questions and criticisms regarding this analysis. Please call, fax or e-mail me so that I can address such
issues.
From: James Baarda
Date: Mon, 16 Oct 2000 Response
….
I believe that the value of my report is significant to provide a guide for whatever business ventures you may pursue. It appears
to be even more valuable now to demonstrate that the legal and business aspects of your endeavors have been and will be
hindered by involvement in international political affairs.
….
