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Entrepreneurs Fight On
Predatory Business Practice
to avoid at all Costs

I’m freelance writer who has been at this sport now fora time. I have awards for my writings on education, science,
adventure and travel..... I began writing poetry in high school just to put my feelings into words. .... In this instance many
years later I have taken a more serious turn to help some friends and future investors that maybe traveling outside of
their culture.I’m seeking to share facts and to present how this particular predatory business approach works. In fiction I
will present people’s names to protect their identitiesuntil all the court documents are released…..For anyone that
travels outside of your native borders don’t assume that every country and culture of the world is run like yours and is
welcoming you with open and ethical arms…… In this case North Americansand locals looking to invest in a Tropical
setting have uncovered a system that is in place that is at work outside of the laws illegally acquiring the wealth of the
local smaller business community. Many ofthose who have been caught up in the game of being taken are too
embarrassed to speak out…..Once the Court Documents have been released and I get the go ahead I will publish all
available public facts.




November 5, 2012
 The story of Agua Spa and its short history could never have occurred without these very people and their
parts being played out. The key components are Agua Spa, with Pete Petersen a 30 year old new College
Graduate full of energy, ideas and a dream,Nancy Thiel, his Mother, newly divorced, 23 years a Skin Care
business owner, a company she started with her ex-husband DavidPetersen one facial at a time from a
bedroom in their home, Trumpet Enterprise a multi-million dollar multi-business operation with a history of a
particular type of business practice that has built quite an empire, well-known to those active in the business
community and Alpha Bank with all the power and trust vested to a community Banking Institution of these
tropical desert Islands.



Nancy and her son Pete had hopes and dreams with little street knowledge of what power Banks and
Businesses held if they were to work together suspiciously against an unwary and trusting investor group. You
begin to get avery uneasy feeling early on as you read the first document introduced to the process as Nancy
and Pete began their search for capital. When you read the Lease Agreement between Agua Spa and Trumpet
Enterprise, presented to Alpha Bank in May 2007 you see the plan begin to take shape that eventually would
see Nancy Thieland her son Pete trust Alpha Bank to all their wealth against a Contract signed in the middle of
an economic down turn known to Alpha Bank. Agua Spa's and Alpha Bank’s shared Investment was attached
and bound to a lease agreement with Trumpet Enterprises that was so restrictive it made the Investment
radio-active, impossible to sell, considerably reducing the value of that Spa even before the loan contract was
researched, approved and released to Agua Spa by Alpha Bank for their signature. Line Items 32.4 through
32.7 of the Lease Agreement gives the right for Trumpet Enterprises to take over the Multi-Million Dollar plus
Spa without paying a dime if those conditions were met.
This way over-the-top contract language is considered a predatory choke or predatory leasingin the business
world. With that aggressive language in place as the cornerstone to this loan, fully researched and approved,
with the loan agreement solely written by Alpha Bank with all the resources that their team of banking
personnel and attorneys had at their disposal,the plan continued to move forward.The Loan language is tilted
so heavily in the direction of the collection of collateral with Alpha Bank’s standard protection for the
disbursement of funds completely removed it makes anyone in the Business Banking World shudder that any
reputable Bank or Business would conduct themselves in such a manner. By any standard of Normal and
Accepted banking practices, by the Fiduciary nature Alpha Bank had towards Agua Spa, Nancy and Pete and
their many Investors, this particular action went beyond just negligence. There were multiple investors money
already in that Spa including the Public’s money Alpha Bank disbursed to Agua Spa in one lump sum. To Pete’s
credit he kept immaculate books and stymied any attempts by the Bank to deem his bookkeeping
inadequate.“Snow White” whom sat on that Alpha Bank board that approved that Lease and Loan in 2008,
asked Pete in 2010 how he could have signed such a lease agreement. She asked him if he had even read it.
Pete answered yes I did as did you and your Alpha Bank Board going as far as to pledge it in the Loan
Document.Never once did you warn us or question it and now you come back and question it? She turned
away and was not happy as her attempt to distance herself and the Bank from that decision backfired as Pete
correctly stated the truth.



The Plan
The plan, when put into play required full cooperation of all the parties. Agua Spa must take on the risk, do all
the heavy lifting of the construction of the Spa, back it with all the wealth they owned including all bank
accounts, plus a personal guarantee.(There were critical parts of the contract that were negotiated in the pre
contract meetings and agreed upon by all parties but were changed by Alpha Bank in favor of Alpha bank and
against Agua Spa’s best interest when the contract was written and passed for signatures.)Never once did
Alpha Bank notify Agua Spa that what was verbally agreed upon in their pre-contract negotiations was now
changed in the written contract. When Nancyand Petewent back to discuss the changes they discovered Alpha
Bank had madethey were told by a Bank employee“you cannot change a contract once you sign it.”With the
added language in the presented Document but not discussed previous and the plannedboycott to be carried
out by the Hotel eventually the plan would make it impossible to secure counsel and pursue the enterprise
that was working against them in court. This was the primary goal before Alpha Bank moved to close the Spa
and hand it over to the Hotel. The problem the Bank andTrumpet Enterprises had is they never counted on
outside investors to pay for the attorneys or keep the business a float so the truth could be heard. The Hotel
must do whatever they could to stop the marketing and cliental from reaching the Spa cutting off its promised
lifeline,while the bank must wait in the wings and quietly let the boycott have its desired effect of tapping all
available cash. Many times in the immediate months prior to the illegal closing of the Spa,Alpha Bank asked
Nancy and Petewere there any investors who could providean infusion?It is suspected Alpha Bank wanted any
cash to be spent down to eliminate the ability of Agua Spa to use that to seek an attorney and pursue the Bank
and Hotel in a court case. In late November AlphaBank told Pete that this was the time to go all out. He was to
really decorate the Spa in festive Christmas atmosphere. At the same time they asked Pete to make 6 month
growth projections. At this time on December 7 Alpha Bank’s attorney “Bullstronk” was already moving in
the Courts to lockdown whatever collateral Alpha bank could get their hands onto. There were hints from
Banking people that they suspected Pete was moving assets away to an offshore company. Thishas been
proven illegitimate as the books Pete kept were impeccable and research into the accounting proved every
penny went into the building and running of that Spa.
When Alpha Bank removed their standard protective language in the loan, when no independent supervisor
was appointed, the Bank also took on the potentialconsequences of their actions. It’s incredulous for them
to now be complaining “where did all the money go?”



The Building Process
During the building process there was little oversight by Alpha Bank and the 3 million dollar USD investment
they put at risk. "Mercury Construction" was introduced by Trumpet Enterprise as theConstruction Supervisor,
the only one whom could do the job within the budget and deliver it on time. “Mercury” had been the
Contractor already on the project for Trumpet Enterprise asthe same people that allegedly carried out the
boycott of Agua Spa and pulled the lease agreement on Agua Spa even while all lease payments were up to
date. They were not “Independently appointed” by Alpha Bank as was required in the loan document. As
"Mercury" conducted its email business with Pete all of "Mercury’s" emails were sentdirectly to Trumpet
Enterprise but not one was cc'd and sent to Alpha Bank? The contract with "Mercury" and Agua Spa or Alpha
Bank held no penalties for cost overruns or missed completion date penalties which are standard in Bank
Financed Construction projects. In fact there was no contract between “Mercury” and “Alpha Bank”.

This is a glaring oversight by Alpha Bank that reeks of potential malfeasance as Nancy and Petewere brand
new to any Construction and borrowing of money for something like the building of a Spa. Theyhad no idea
what can happen on a construction project as contractorsseek to increase their profit. The Spa was built
running 35% over budget and took twice the time to build. With Standard Banking protective language missing
and the Bank a non-participant in the construction oversight it was gross negligence and simply off the map
behavior for any Banking Institution or anyone who is disbursing public’s money or works within Standard and
accepted banking practices. It was a recipe for disaster for Agua Spa and Alpha Bank’s Investment. The normal
execution of the loan from the very beginning was in trouble simply because standard accepted banking
practices were abandoned.There is a suspected likelihood that Alpha Bank did not make a mistake by
reducing the safety net they had in their standard language,it’s suspected that they were not looking to see
the loan through the normal process but collect the collateral only. Remember at this time the Bank thought
they had full access to Nancy’s investment “Nancy’s Flowers” and “Rejuvenate your Body Health. Their
inadequate attempt to secure the collateral only became known to them as “Monopoly money Bank revealed
in an email in 2009.



The Bank Warns of Auction 150
Days after the Opening
 A hint of their suspected intention was delivered on September 8, 2009 only 150 days after the doors were
opened to the Spa while all bills were being paid.Anaccount manager for Monopoly money Bank told Pete that
there's a chance Agua Spa would have to go to auction? The very next day an executive director of Alpha Bank
“Mrs. Hillary” told Pete "Your Mom has lost it all."No Bank talks to their clients in this manner. This is a
Banking Institution that is crying out for an OUTSIDE INVESTIGATOR to see what this type of business
approach is really saying. Are they in the Collateral collection business where they can make a return quicker
and trump their capital gains?
The Account Manager says that’s why
Elrod is here watching the project
"Mercury Construction" received an additional 10% for supervision on the Agua Spa project to all sub-
contractors work in addition to their basic fees. Since there were no penalties for missed completion dates or
protection clauses to Agua Spa or the Bank’s Investment for cost overruns the project's costs exploded beyond
the original scope estimated by “Mercury." As the project moved forward all those with work on the site had
numerous opportunities to trump their costs as with no penalties or independent supervision it seemingly
became an opportunity too tempting to resist to taking whatever you could get.

Early in the constructionin September 2008,Pete, Nancy and the Credit Manager “Mrs. Gretel” for Monopoly
money Bank, met for a walk-thru of the now in progress Agua Spa project. During the walk-thru Nancy asked
her "is it not so that the bank is to put a Project Manager to watch what is being paid for is truly being
delivered." Gretel”answered "That's why Elrod from "Mercury" is here.

 With no Independent supervision by the Bank, the Spa then was built to the whim of the Hotel including
multiple reminders that Agua Spa must invest at least2million. There was never any input or oversight by the
lender Alpha Bank. With Pete and Nancy unwary of what was about to take place, the stage was set and the
plan continued to be executed with cost overruns and missed completion dates no longer a worry but now a
goal as the costs ballooned. The opening of the Spa was delayed and Agua Spa was forced to pay lease
paymentswithout earning income to Trumpet Enterprise as they failed to open on the required date.
"Mercury" continued to trump their original bid with all the cost overruns. During the meeting with Mercury
about the Spa Job, Elrod agreed that the delivery date of November 23, 2008 would happen on time. That did
not happen as the Spa was delivered over 4 months late April 3, 2009, 35% over the budget tapping out the
day to day operating capital needed to allow the business to function properly after the Spa opened.

When Pete and Nancy went to the Bank for emergency additional capital forthe actualstart up and operations,
the Bank declinedto help at a very critical timeforcing Agua Spa to immediately seek outside investors help.
The cost overruns can easily be traced to the pulling of the "Standard Disbursement of Funds restrictions” for
all loans from Alpha Bank. The absence of an Independent Construction Supervisor is another glaring
oversight. Why did Alpha Bank take down common standard safety restrictions that would have prevented
these overruns? As of May 2012, the bank continues to try to silence the voice and cut the legs out from under
Agua Spa as they go through the court to seek relief for their shared lost investment. The money Alpha Bank is
seeking is and always has been in the nowoperating “Youbuilditwestealit” Spa. This lack of pursuit of that
investment by Alpha Bank yet they are saying we want our money back, is highly suspicious in nature.Why has
the Bank never supported Agua Spa and the investment or pursued the Investment where it’s now operating?
Why would a Hotel Business man pull the 15 year lease agreement and take on the liability of the 15 year
potential earnings law suit? No Bank closes their $3,000,000 Dollar operating Spa then sells it for $40,000 two
months later to the same people that they were at odds with months earlier. To come in and kill a business
you have a partnership in without any regard to your partner and are obligated by a Fiduciary connection to
protect gives thought that the Business had been sold. For a Bank who was a partner in a Spa with a cliental
base of 5000 and growing to come in and close it down in the height of the busy season then sell that Spa two
months later in a suspected sham auction to the same entity that they said they would go to court against
speaks of suspected collusion and Loan fraudas two big entities work together in an alleged enterprise to steal
wealth from the people they are supposedly conducting business with.


Don Is Fired Roberto Moves In
The original General Manager of Trumpet Enterprise and Pete’s contact person “Don” was fired within days of
the opening of the Spa and later replaced with Roberto, Robert's son. His business style was quite different
than the previous. Roberto immediately rescinded all verbal agreements with Agua Spa and began a process
of a very hostile business relationship that even denied written agreements made including a systematic
approach to deny marketing of the Spa and the clients from the Hotel that marketing would provide. Part of
the monthly lease payments made by Agua Spa to Trumpet Enterprisesincluded Marketing costs. This boycott
of verbal and written agreements continued and culminated in the pulling of the lease agreement a day after
the Over-the top entry by Alpha Bank on December 22, 2010. This entry took on the look as if Alpha Bank no
longer owned that Spa or cared about its investment or that of the investors. It looked suspiciously at this
point that the bank had consummated a deal already outside of their legal contracted relationship with Agua
Spa. Two months later Alpha Bank advertised one day in the paper and sold the inventory for $40k USD
supposedly giving the 3 million US dollar Spa to Trumpet Enterprise for less than3% of its potential value? Why
did Alpha Bank never seek payment for their loan by going after where that capital went? Why did they sell
that inventory and release ownership of that INVESTMENT to the Hotelwhen back on February 16, 2010
“Imagoodyesman” stated in an email “our board has decided to back you in your case against the landlord”
the very same entity.


There were many cases of fiduciary breaches and multiple acts of negligence in the relationship between Agua
Spa, Trumpet and Alpha Bank that are documented and supported by evidence in the main body of the case.
At no time did Alpha Bank NEVERprotect the Agua Spa investment. They never warned Nancy or Pete that the
Lease Agreement was radioactive and would make it impossible to sell that Spa if they got into trouble. They
never told Pete or Nancy that Trumpet Enterprise had a history of predatory activity towards their tenants yet
put 3/4 of a million dollars of the public’s money and 3/4 of a million private capitalsUSD at risk while they
removedthe protective language that could have potentially stopped the cost overruns and delays. The Fact
that the cost overruns and the impact they had on the business were never addressed in any contract
language with the Construction Supervisor, nor did the Bank provide an Independent person as it was the one
and only standard language protective mechanism they didnot remove in that loan document cries out for the
court to ask why?All of these Fiduciary breaches and acts of negligencewhen combined together constitute a
level of behavior that goes beyond grossnegligence as Agua Spa’s business was killed along with any
opportunity to return the capital they borrowed including that of outside investors both from “Desert Island”
and the United States.

On the Day of the entry by Alpha Bank at the time and style they produced their entry, the way they treated
the clients and staff, the damage that it inflicted to the Investment, the cloud it created over that Spa in the
community and the fact they were later found talking and laughing with Roberto as employees were ushered
out being told that the Spa would be closed, losing their job and income just days before Christmas is simply
unacceptable from any Banking Institution. This single act along damaged Agua Spa and the Alpha Bank
investment beyond repair.
3 Million Dollar plus Spa for $40K
  It’s evident that from the results of the closing of the Spa and subsequent selling of that 3 million Dollar Spa
for 40K USD to the Hotel in a one day notice sale a Bailiff dubbed as highly unusual indicates
possiblecollusion?It was a public auction and according to a statement from another beauty specialist who
wanted to make a bid, everyone who had come felt they were taken for a ride because apparently there was
already an agreement that Hotel would buy the business. Why would a Bank not seek the maximum potential
worth for their investment? How can a Bank sell a multimillion Dollar Spa for less than 3% of its value? How
can they complain about promised collateral that they used in securing two different loans only to see their
forced sale of that first project also diminish the value of the second loan's collateral? This act of gross
negligence borders on highly suspicious behavior always against Agua Spa and in the favor of the Hotel or
Bank. In the US their actions would easily border criminal in nature and require a deeper independent
investigation beyond the sphere of those influenced by the players present. The interviews that have been
conducted in the local community seem to indicate that this business approach is a standardthat it has gone
on for several years. In the US this type of operation would fall under the RICO act and would step it up to a
federal crime freezing all their assets to research past activity and who may have been affected by such an
operation.


Imagoodyesman Says We Support
You in Your Case
 During the life of Aqua Spa the boycott was evident to even the Bank yet Alpha Bank never supported their
efforts only paying lip service on February 16, 2010 in an email from “Imagoodyesman” where he stated that
"Our board has decided to back you up your in your case against your landlord, but we cannot attend the
meeting" making reference to the meeting with Robert relating to promises and contract language not being
kept that were choking the life out of Agua Spa.

Just 3 weeks later “Imagoodyesman”, Alpha Bank Corporate Special Assets Manager produced the "Loan
Takeover Agreement". He pressured Nancy on multiple occasions through multiple means to sign it. Alpha
Bank even went as far as to ask for a meeting at Nancy’s advisor and feasibility study supplier “Benedict
Arnold” at the offices of “Itakeyourmoneybuteyework4thebank accounting” presenting the agreement as the
same contract as the original Monopoly money Bank contract and that no amendments could be made. The
contract containedmultiple language changes in favor of Alpha bank and detrimental to Agua Spa. There was
also a revisit of the same share language that Nancy had earlier said was not correct and that email on
October 2, 2009 where Monopoly money Bank signaled that they also understood. On May 5 2009 several
months earlier Nancy stated that there was never a time where she owned more than 1 share of the
“WebuildittheBankstealsit” Condo project. Even with that knowledge again “Imagoodyesman” on March 5
2010 told Nancy she must sign this "Takeover Agreement" in order to safely move the loan and the securities
back to Alpha bank. Again her advisor “Benedict Arnold” said to Nancy I think you should sign this so that Pete
can continue with the business. After consulting an attorney, Nancy found out that indeed she was being
asked to sign a document that did not need her signature for the loan to be moved but in fact was being asked
to sign a fraudulent document that would have entrapped her and filled in all the gaps that exisisted in
original poorly researched and written Alpha Loan document allowing Alpha Bank to seize everything that
Nancy and Pete owned or would own in the future making them slaves for life.
What Kind of Banking Is This
As you look at the body of evidence, as you read the transcript of the case and witnesses accounts and begin
to try and reconstruct the process, it becomes painfully clear that standard and accepted business practices
were not followed causing that loan to take on an unacceptable level of risk. There was a relationship from
Alpha-Monopoly money Bank to Agua Spa that was fiduciary in nature. Alpha Bank installed Marcia Sleazy to
help the Spa’s relationship with the Hotel but yet she could not talk with the Hotel people?Marcia did ask
Nancy and Pete in June of 2010 at a meeting in his office on Desert Island if they could change their product
line to Pizonu from what they were using? Pizonu is the same product line that “Youbuilditwestealit” Spa has
and is using in that Spa in Curacao. It looks as if Marcia, Marcia, Marcia was nothing more than the Banks
inside person as the Hotel and Alpha Bank were suspectedat that point to be in discussions about the price
that would be paid by the Hotel to the Bank since they now realized the forced auction of the collateral
removed their target in the original game plan. There was aFiduciary relationship from Trumpet Enterprise to
Aqua Spa that the Hotel breached on many occasions along with the illegal early pulling of the lease
agreement. From day one to this day not once has Alpha-Monopoly money Bank ever protected the
Investment they shared with Agua Spa. In that atmosphere the boycott was carried out with Alpha Bank being
no threat to the Hotel yet holding Agua Spa in place while waiting for the Boycott to kill the business so they
could gather up the collateral they so poorly secured. Contractors win, The Hotel the Bank's intended partner
all along in this game gets the finished 3 Million DollarSpa complete to their specifications for $40K, Alpha
Bank collects on all the collateral they thought they had while Agua Spa dies voiceless losing everything. There
is an additional recording and signed and notarized documents by the bailiff hiredby Alpha Bank declaring that
on December 7th 2010 he was instructed to begin the process of calling in that loan. At the same time Alpha
Bank employees were telling Pete to produce 6 month projections for the business. They even went as far as
to tell him that it was important for him to decorate this Spa in a festive Holiday spirit, to really go all out and
do it up right.

 What effect could an operationlike this have on commerce and banking in the community if allowed to
continue? The fact that this looks suspiciously to be cooperation between The Hotel and Alpha-Monopoly
money Bank cries out for a more thoroughoutside investigation. This kind of business approach would
possibly have to have Central Bank's approval as interviews within the business community reveals a pattern
established with a trail of victims not as lucky as Agua Spa as their stories never were presented in court.
There are players in this game that sit on boards of Banks. The Banking system here in the “Con Game Islands”
was alreadysuspected prior to this story. The evidence here is just an indication of a potentially bigger
problem that maybe present and a system that is at work controlling commerce, illegally acquiring people's
capital and wealth with approval of people possibly beyond the players present.

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Entrepenuers fight on

  • 1. Entrepreneurs Fight On Predatory Business Practice to avoid at all Costs I’m freelance writer who has been at this sport now fora time. I have awards for my writings on education, science, adventure and travel..... I began writing poetry in high school just to put my feelings into words. .... In this instance many years later I have taken a more serious turn to help some friends and future investors that maybe traveling outside of their culture.I’m seeking to share facts and to present how this particular predatory business approach works. In fiction I will present people’s names to protect their identitiesuntil all the court documents are released…..For anyone that travels outside of your native borders don’t assume that every country and culture of the world is run like yours and is welcoming you with open and ethical arms…… In this case North Americansand locals looking to invest in a Tropical setting have uncovered a system that is in place that is at work outside of the laws illegally acquiring the wealth of the local smaller business community. Many ofthose who have been caught up in the game of being taken are too embarrassed to speak out…..Once the Court Documents have been released and I get the go ahead I will publish all available public facts. November 5, 2012 The story of Agua Spa and its short history could never have occurred without these very people and their parts being played out. The key components are Agua Spa, with Pete Petersen a 30 year old new College Graduate full of energy, ideas and a dream,Nancy Thiel, his Mother, newly divorced, 23 years a Skin Care business owner, a company she started with her ex-husband DavidPetersen one facial at a time from a bedroom in their home, Trumpet Enterprise a multi-million dollar multi-business operation with a history of a particular type of business practice that has built quite an empire, well-known to those active in the business community and Alpha Bank with all the power and trust vested to a community Banking Institution of these tropical desert Islands. Nancy and her son Pete had hopes and dreams with little street knowledge of what power Banks and Businesses held if they were to work together suspiciously against an unwary and trusting investor group. You begin to get avery uneasy feeling early on as you read the first document introduced to the process as Nancy and Pete began their search for capital. When you read the Lease Agreement between Agua Spa and Trumpet Enterprise, presented to Alpha Bank in May 2007 you see the plan begin to take shape that eventually would see Nancy Thieland her son Pete trust Alpha Bank to all their wealth against a Contract signed in the middle of an economic down turn known to Alpha Bank. Agua Spa's and Alpha Bank’s shared Investment was attached and bound to a lease agreement with Trumpet Enterprises that was so restrictive it made the Investment radio-active, impossible to sell, considerably reducing the value of that Spa even before the loan contract was researched, approved and released to Agua Spa by Alpha Bank for their signature. Line Items 32.4 through 32.7 of the Lease Agreement gives the right for Trumpet Enterprises to take over the Multi-Million Dollar plus Spa without paying a dime if those conditions were met.
  • 2. This way over-the-top contract language is considered a predatory choke or predatory leasingin the business world. With that aggressive language in place as the cornerstone to this loan, fully researched and approved, with the loan agreement solely written by Alpha Bank with all the resources that their team of banking personnel and attorneys had at their disposal,the plan continued to move forward.The Loan language is tilted so heavily in the direction of the collection of collateral with Alpha Bank’s standard protection for the disbursement of funds completely removed it makes anyone in the Business Banking World shudder that any reputable Bank or Business would conduct themselves in such a manner. By any standard of Normal and Accepted banking practices, by the Fiduciary nature Alpha Bank had towards Agua Spa, Nancy and Pete and their many Investors, this particular action went beyond just negligence. There were multiple investors money already in that Spa including the Public’s money Alpha Bank disbursed to Agua Spa in one lump sum. To Pete’s credit he kept immaculate books and stymied any attempts by the Bank to deem his bookkeeping inadequate.“Snow White” whom sat on that Alpha Bank board that approved that Lease and Loan in 2008, asked Pete in 2010 how he could have signed such a lease agreement. She asked him if he had even read it. Pete answered yes I did as did you and your Alpha Bank Board going as far as to pledge it in the Loan Document.Never once did you warn us or question it and now you come back and question it? She turned away and was not happy as her attempt to distance herself and the Bank from that decision backfired as Pete correctly stated the truth. The Plan The plan, when put into play required full cooperation of all the parties. Agua Spa must take on the risk, do all the heavy lifting of the construction of the Spa, back it with all the wealth they owned including all bank accounts, plus a personal guarantee.(There were critical parts of the contract that were negotiated in the pre contract meetings and agreed upon by all parties but were changed by Alpha Bank in favor of Alpha bank and against Agua Spa’s best interest when the contract was written and passed for signatures.)Never once did Alpha Bank notify Agua Spa that what was verbally agreed upon in their pre-contract negotiations was now changed in the written contract. When Nancyand Petewent back to discuss the changes they discovered Alpha Bank had madethey were told by a Bank employee“you cannot change a contract once you sign it.”With the added language in the presented Document but not discussed previous and the plannedboycott to be carried out by the Hotel eventually the plan would make it impossible to secure counsel and pursue the enterprise that was working against them in court. This was the primary goal before Alpha Bank moved to close the Spa and hand it over to the Hotel. The problem the Bank andTrumpet Enterprises had is they never counted on outside investors to pay for the attorneys or keep the business a float so the truth could be heard. The Hotel must do whatever they could to stop the marketing and cliental from reaching the Spa cutting off its promised lifeline,while the bank must wait in the wings and quietly let the boycott have its desired effect of tapping all available cash. Many times in the immediate months prior to the illegal closing of the Spa,Alpha Bank asked Nancy and Petewere there any investors who could providean infusion?It is suspected Alpha Bank wanted any cash to be spent down to eliminate the ability of Agua Spa to use that to seek an attorney and pursue the Bank and Hotel in a court case. In late November AlphaBank told Pete that this was the time to go all out. He was to really decorate the Spa in festive Christmas atmosphere. At the same time they asked Pete to make 6 month growth projections. At this time on December 7 Alpha Bank’s attorney “Bullstronk” was already moving in the Courts to lockdown whatever collateral Alpha bank could get their hands onto. There were hints from Banking people that they suspected Pete was moving assets away to an offshore company. Thishas been proven illegitimate as the books Pete kept were impeccable and research into the accounting proved every penny went into the building and running of that Spa.
  • 3. When Alpha Bank removed their standard protective language in the loan, when no independent supervisor was appointed, the Bank also took on the potentialconsequences of their actions. It’s incredulous for them to now be complaining “where did all the money go?” The Building Process During the building process there was little oversight by Alpha Bank and the 3 million dollar USD investment they put at risk. "Mercury Construction" was introduced by Trumpet Enterprise as theConstruction Supervisor, the only one whom could do the job within the budget and deliver it on time. “Mercury” had been the Contractor already on the project for Trumpet Enterprise asthe same people that allegedly carried out the boycott of Agua Spa and pulled the lease agreement on Agua Spa even while all lease payments were up to date. They were not “Independently appointed” by Alpha Bank as was required in the loan document. As "Mercury" conducted its email business with Pete all of "Mercury’s" emails were sentdirectly to Trumpet Enterprise but not one was cc'd and sent to Alpha Bank? The contract with "Mercury" and Agua Spa or Alpha Bank held no penalties for cost overruns or missed completion date penalties which are standard in Bank Financed Construction projects. In fact there was no contract between “Mercury” and “Alpha Bank”. This is a glaring oversight by Alpha Bank that reeks of potential malfeasance as Nancy and Petewere brand new to any Construction and borrowing of money for something like the building of a Spa. Theyhad no idea what can happen on a construction project as contractorsseek to increase their profit. The Spa was built running 35% over budget and took twice the time to build. With Standard Banking protective language missing and the Bank a non-participant in the construction oversight it was gross negligence and simply off the map behavior for any Banking Institution or anyone who is disbursing public’s money or works within Standard and accepted banking practices. It was a recipe for disaster for Agua Spa and Alpha Bank’s Investment. The normal execution of the loan from the very beginning was in trouble simply because standard accepted banking practices were abandoned.There is a suspected likelihood that Alpha Bank did not make a mistake by reducing the safety net they had in their standard language,it’s suspected that they were not looking to see the loan through the normal process but collect the collateral only. Remember at this time the Bank thought they had full access to Nancy’s investment “Nancy’s Flowers” and “Rejuvenate your Body Health. Their inadequate attempt to secure the collateral only became known to them as “Monopoly money Bank revealed in an email in 2009. The Bank Warns of Auction 150 Days after the Opening A hint of their suspected intention was delivered on September 8, 2009 only 150 days after the doors were opened to the Spa while all bills were being paid.Anaccount manager for Monopoly money Bank told Pete that there's a chance Agua Spa would have to go to auction? The very next day an executive director of Alpha Bank “Mrs. Hillary” told Pete "Your Mom has lost it all."No Bank talks to their clients in this manner. This is a Banking Institution that is crying out for an OUTSIDE INVESTIGATOR to see what this type of business approach is really saying. Are they in the Collateral collection business where they can make a return quicker and trump their capital gains?
  • 4. The Account Manager says that’s why Elrod is here watching the project "Mercury Construction" received an additional 10% for supervision on the Agua Spa project to all sub- contractors work in addition to their basic fees. Since there were no penalties for missed completion dates or protection clauses to Agua Spa or the Bank’s Investment for cost overruns the project's costs exploded beyond the original scope estimated by “Mercury." As the project moved forward all those with work on the site had numerous opportunities to trump their costs as with no penalties or independent supervision it seemingly became an opportunity too tempting to resist to taking whatever you could get. Early in the constructionin September 2008,Pete, Nancy and the Credit Manager “Mrs. Gretel” for Monopoly money Bank, met for a walk-thru of the now in progress Agua Spa project. During the walk-thru Nancy asked her "is it not so that the bank is to put a Project Manager to watch what is being paid for is truly being delivered." Gretel”answered "That's why Elrod from "Mercury" is here. With no Independent supervision by the Bank, the Spa then was built to the whim of the Hotel including multiple reminders that Agua Spa must invest at least2million. There was never any input or oversight by the lender Alpha Bank. With Pete and Nancy unwary of what was about to take place, the stage was set and the plan continued to be executed with cost overruns and missed completion dates no longer a worry but now a goal as the costs ballooned. The opening of the Spa was delayed and Agua Spa was forced to pay lease paymentswithout earning income to Trumpet Enterprise as they failed to open on the required date. "Mercury" continued to trump their original bid with all the cost overruns. During the meeting with Mercury about the Spa Job, Elrod agreed that the delivery date of November 23, 2008 would happen on time. That did not happen as the Spa was delivered over 4 months late April 3, 2009, 35% over the budget tapping out the day to day operating capital needed to allow the business to function properly after the Spa opened. When Pete and Nancy went to the Bank for emergency additional capital forthe actualstart up and operations, the Bank declinedto help at a very critical timeforcing Agua Spa to immediately seek outside investors help. The cost overruns can easily be traced to the pulling of the "Standard Disbursement of Funds restrictions” for all loans from Alpha Bank. The absence of an Independent Construction Supervisor is another glaring oversight. Why did Alpha Bank take down common standard safety restrictions that would have prevented these overruns? As of May 2012, the bank continues to try to silence the voice and cut the legs out from under Agua Spa as they go through the court to seek relief for their shared lost investment. The money Alpha Bank is seeking is and always has been in the nowoperating “Youbuilditwestealit” Spa. This lack of pursuit of that investment by Alpha Bank yet they are saying we want our money back, is highly suspicious in nature.Why has the Bank never supported Agua Spa and the investment or pursued the Investment where it’s now operating? Why would a Hotel Business man pull the 15 year lease agreement and take on the liability of the 15 year potential earnings law suit? No Bank closes their $3,000,000 Dollar operating Spa then sells it for $40,000 two months later to the same people that they were at odds with months earlier. To come in and kill a business you have a partnership in without any regard to your partner and are obligated by a Fiduciary connection to protect gives thought that the Business had been sold. For a Bank who was a partner in a Spa with a cliental
  • 5. base of 5000 and growing to come in and close it down in the height of the busy season then sell that Spa two months later in a suspected sham auction to the same entity that they said they would go to court against speaks of suspected collusion and Loan fraudas two big entities work together in an alleged enterprise to steal wealth from the people they are supposedly conducting business with. Don Is Fired Roberto Moves In The original General Manager of Trumpet Enterprise and Pete’s contact person “Don” was fired within days of the opening of the Spa and later replaced with Roberto, Robert's son. His business style was quite different than the previous. Roberto immediately rescinded all verbal agreements with Agua Spa and began a process of a very hostile business relationship that even denied written agreements made including a systematic approach to deny marketing of the Spa and the clients from the Hotel that marketing would provide. Part of the monthly lease payments made by Agua Spa to Trumpet Enterprisesincluded Marketing costs. This boycott of verbal and written agreements continued and culminated in the pulling of the lease agreement a day after the Over-the top entry by Alpha Bank on December 22, 2010. This entry took on the look as if Alpha Bank no longer owned that Spa or cared about its investment or that of the investors. It looked suspiciously at this point that the bank had consummated a deal already outside of their legal contracted relationship with Agua Spa. Two months later Alpha Bank advertised one day in the paper and sold the inventory for $40k USD supposedly giving the 3 million US dollar Spa to Trumpet Enterprise for less than3% of its potential value? Why did Alpha Bank never seek payment for their loan by going after where that capital went? Why did they sell that inventory and release ownership of that INVESTMENT to the Hotelwhen back on February 16, 2010 “Imagoodyesman” stated in an email “our board has decided to back you in your case against the landlord” the very same entity. There were many cases of fiduciary breaches and multiple acts of negligence in the relationship between Agua Spa, Trumpet and Alpha Bank that are documented and supported by evidence in the main body of the case. At no time did Alpha Bank NEVERprotect the Agua Spa investment. They never warned Nancy or Pete that the Lease Agreement was radioactive and would make it impossible to sell that Spa if they got into trouble. They never told Pete or Nancy that Trumpet Enterprise had a history of predatory activity towards their tenants yet put 3/4 of a million dollars of the public’s money and 3/4 of a million private capitalsUSD at risk while they removedthe protective language that could have potentially stopped the cost overruns and delays. The Fact that the cost overruns and the impact they had on the business were never addressed in any contract language with the Construction Supervisor, nor did the Bank provide an Independent person as it was the one and only standard language protective mechanism they didnot remove in that loan document cries out for the court to ask why?All of these Fiduciary breaches and acts of negligencewhen combined together constitute a level of behavior that goes beyond grossnegligence as Agua Spa’s business was killed along with any opportunity to return the capital they borrowed including that of outside investors both from “Desert Island” and the United States. On the Day of the entry by Alpha Bank at the time and style they produced their entry, the way they treated the clients and staff, the damage that it inflicted to the Investment, the cloud it created over that Spa in the community and the fact they were later found talking and laughing with Roberto as employees were ushered out being told that the Spa would be closed, losing their job and income just days before Christmas is simply unacceptable from any Banking Institution. This single act along damaged Agua Spa and the Alpha Bank investment beyond repair.
  • 6. 3 Million Dollar plus Spa for $40K It’s evident that from the results of the closing of the Spa and subsequent selling of that 3 million Dollar Spa for 40K USD to the Hotel in a one day notice sale a Bailiff dubbed as highly unusual indicates possiblecollusion?It was a public auction and according to a statement from another beauty specialist who wanted to make a bid, everyone who had come felt they were taken for a ride because apparently there was already an agreement that Hotel would buy the business. Why would a Bank not seek the maximum potential worth for their investment? How can a Bank sell a multimillion Dollar Spa for less than 3% of its value? How can they complain about promised collateral that they used in securing two different loans only to see their forced sale of that first project also diminish the value of the second loan's collateral? This act of gross negligence borders on highly suspicious behavior always against Agua Spa and in the favor of the Hotel or Bank. In the US their actions would easily border criminal in nature and require a deeper independent investigation beyond the sphere of those influenced by the players present. The interviews that have been conducted in the local community seem to indicate that this business approach is a standardthat it has gone on for several years. In the US this type of operation would fall under the RICO act and would step it up to a federal crime freezing all their assets to research past activity and who may have been affected by such an operation. Imagoodyesman Says We Support You in Your Case During the life of Aqua Spa the boycott was evident to even the Bank yet Alpha Bank never supported their efforts only paying lip service on February 16, 2010 in an email from “Imagoodyesman” where he stated that "Our board has decided to back you up your in your case against your landlord, but we cannot attend the meeting" making reference to the meeting with Robert relating to promises and contract language not being kept that were choking the life out of Agua Spa. Just 3 weeks later “Imagoodyesman”, Alpha Bank Corporate Special Assets Manager produced the "Loan Takeover Agreement". He pressured Nancy on multiple occasions through multiple means to sign it. Alpha Bank even went as far as to ask for a meeting at Nancy’s advisor and feasibility study supplier “Benedict Arnold” at the offices of “Itakeyourmoneybuteyework4thebank accounting” presenting the agreement as the same contract as the original Monopoly money Bank contract and that no amendments could be made. The contract containedmultiple language changes in favor of Alpha bank and detrimental to Agua Spa. There was also a revisit of the same share language that Nancy had earlier said was not correct and that email on October 2, 2009 where Monopoly money Bank signaled that they also understood. On May 5 2009 several months earlier Nancy stated that there was never a time where she owned more than 1 share of the “WebuildittheBankstealsit” Condo project. Even with that knowledge again “Imagoodyesman” on March 5 2010 told Nancy she must sign this "Takeover Agreement" in order to safely move the loan and the securities back to Alpha bank. Again her advisor “Benedict Arnold” said to Nancy I think you should sign this so that Pete can continue with the business. After consulting an attorney, Nancy found out that indeed she was being asked to sign a document that did not need her signature for the loan to be moved but in fact was being asked to sign a fraudulent document that would have entrapped her and filled in all the gaps that exisisted in original poorly researched and written Alpha Loan document allowing Alpha Bank to seize everything that Nancy and Pete owned or would own in the future making them slaves for life.
  • 7. What Kind of Banking Is This As you look at the body of evidence, as you read the transcript of the case and witnesses accounts and begin to try and reconstruct the process, it becomes painfully clear that standard and accepted business practices were not followed causing that loan to take on an unacceptable level of risk. There was a relationship from Alpha-Monopoly money Bank to Agua Spa that was fiduciary in nature. Alpha Bank installed Marcia Sleazy to help the Spa’s relationship with the Hotel but yet she could not talk with the Hotel people?Marcia did ask Nancy and Pete in June of 2010 at a meeting in his office on Desert Island if they could change their product line to Pizonu from what they were using? Pizonu is the same product line that “Youbuilditwestealit” Spa has and is using in that Spa in Curacao. It looks as if Marcia, Marcia, Marcia was nothing more than the Banks inside person as the Hotel and Alpha Bank were suspectedat that point to be in discussions about the price that would be paid by the Hotel to the Bank since they now realized the forced auction of the collateral removed their target in the original game plan. There was aFiduciary relationship from Trumpet Enterprise to Aqua Spa that the Hotel breached on many occasions along with the illegal early pulling of the lease agreement. From day one to this day not once has Alpha-Monopoly money Bank ever protected the Investment they shared with Agua Spa. In that atmosphere the boycott was carried out with Alpha Bank being no threat to the Hotel yet holding Agua Spa in place while waiting for the Boycott to kill the business so they could gather up the collateral they so poorly secured. Contractors win, The Hotel the Bank's intended partner all along in this game gets the finished 3 Million DollarSpa complete to their specifications for $40K, Alpha Bank collects on all the collateral they thought they had while Agua Spa dies voiceless losing everything. There is an additional recording and signed and notarized documents by the bailiff hiredby Alpha Bank declaring that on December 7th 2010 he was instructed to begin the process of calling in that loan. At the same time Alpha Bank employees were telling Pete to produce 6 month projections for the business. They even went as far as to tell him that it was important for him to decorate this Spa in a festive Holiday spirit, to really go all out and do it up right. What effect could an operationlike this have on commerce and banking in the community if allowed to continue? The fact that this looks suspiciously to be cooperation between The Hotel and Alpha-Monopoly money Bank cries out for a more thoroughoutside investigation. This kind of business approach would possibly have to have Central Bank's approval as interviews within the business community reveals a pattern established with a trail of victims not as lucky as Agua Spa as their stories never were presented in court. There are players in this game that sit on boards of Banks. The Banking system here in the “Con Game Islands” was alreadysuspected prior to this story. The evidence here is just an indication of a potentially bigger problem that maybe present and a system that is at work controlling commerce, illegally acquiring people's capital and wealth with approval of people possibly beyond the players present.