Brooke Capital Shareholder Requests Board Investigation
September 30 2008 - 4:29PM
Marketwired
Robert Orr is the largest shareholder and a director of Brooke
Capital Corporation (AMEX: BCP). Beginning in August 2008, Orr
spearheaded the implementation of Brooke Capital's collection
strategy to recover past due servicing fees and expenses owed to
Brooke Capital by securitization investors. The legality and
advisability of this collection strategy were fully discussed with
internal and external legal counsel prior to implementation.
Despite Orr's reliance on the advice of legal counsel, the
representative for securitization investors labeled Brooke
Capital's collection efforts a "misappropriation" of funds in a
recent lawsuit that discredited Orr. Orr stated that there has not
been any "misappropriation" and that Brooke Capital asserted its
rights to monies owed by the securitization investors.
To support its "misappropriation" allegations, the
representative for securitization investors stated that Brooke
Capital has "... put in place a phony records system..." and "have
altered their computer systems to conceal information...". On
September 20, 2008, Orr sent a memorandum to the Brooke Capital
board of directors asking for an immediate investigation by Brooke
Capital's internal auditors of the investors' statements. Orr also
requested that the auditors' findings be reviewed by the
independent consulting firm that has been engaged over the course
of the last several years to assist Brooke Capital with the
internal control processes required by the Sarbanes Oxley act.
The representative for securitization investors has also stated
that Brooke Capital was "... offering special repayment deals to
borrowers..." and "... conducting sales of collateral without
consultation..." as additional support for its allegations. Orr
stated that he was unaware of any basis for these allegations and
also asked the Brooke Capital board of directors for an immediate
analysis by the board of all communications with Aleritas Capital
and Textron Business Services regarding agency collateral
liquidations.
Orr stated that, at a special meeting of the Brooke Capital
board of directors held on September 26th, 2008, Orr's requests for
immediate investigations were approved. Orr also stated that,
during the September 26th board meeting, Brooke Capital's internal
and external legal counsel reported that they were not aware of any
unethical or illegal behavior by the company or its management.
Internal counsel also reported to the board that Brooke Capital's
auditors had stated in a recent phone call that they were not aware
of any unethical or illegal behavior by the company or its
management.
Orr said, "These are difficult times for Wall Street. However,
the actions of these Wall Street investors have caused my family
and close associates considerable heartache and significant
financial losses. In the coming months and years, I will spend all
of my time and resources pursuing remedies for this injustice."
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