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Original Message:

Re: Manhattan Club Lawsuit (by Chris V.):

nathanz2, "Sadly, the owners seem to be an afterthought." put it this way, the owners were used to help mr schneiderman build his case...........c'est tout! finis! that's it. and he used us very effectively: most of us assumed we would benefit financially and otherwise. that's it. he's a nys employee, working to win cases for his employer, with little, if any regard for us owners in this case. true, he litigates cases for which crimes have been committed against nys residents. if he wins in this case, the citizens benefit. concerning the MANHATTAN CLUB CASE, i firmly assume his victory in court was to STOP EICHNER FROM FURTHER TIMESHARE ACTIVITY. he was successful in this venture, but i remain amused at the monetary victory, to wit, $6.5 million.....with no idea of how it is to be distributed to ABOUT 14 TO 18 THOUSAND owners at TMC. furthermore, with these numbers in mind, i would just as soon donate my "cut" to a deserving american charity, like the wounded vets, et al. my wish on the real endcase justice decision would be to have an owner-voted board of directors composed of real owners; a substantial reduction of our current maintenance fees; and a fair and reasonable reservation policy for all owners........who should come first in line on the reservation list, and the leftovers for those non-owners who make reservations for immediate time on booking.com or some other online facility. i'm not sure of the following but here goes.............. i seem to remember the possibility that criminal charges were discussed, but somehow, through eichner's incredibly adept legal team, these charges were somehow squashed. lies, scams, fraud, deceit, mr schneiderman's own undercover proof of fraud, misrepresentations, and lies during sales presentations (sounds to me a bit like bernie madoff without a noted ponzi scheme presented) which all could be interpreted as criminal, as opposed to civil, actions on eichner's part.

that being said, perhaps the new judge would consider criminal accusations against eichner, et al. if that became a reality, i would hope that a court referee (or whatever the position is called) be appointed to monitor the length of time allotted for this trial, which could then become an actual LAWSUIT (WHICH SCHNEIDERMAN'S PART SEEMS TO REMAIN AN INVESTIGATORY PROBE AND A CIVIL RESOLUTION, WITHOUT A JURY, NOT A LAWSUIT.)

by the way, it's my opinion that eichner could easily maintain his presence in the timeshare industry. all he needs to do is what he seems to have prior expertise in: create and fund a dummy company and voila, he's back in the timeshare business. but that's another issue, isn't it?

unified and united,

chris

nathanz2 wrote:
Robert,

No one questions a word of your letter. I just wonder what you realistically expect to happen.

My understanding is that the role of the newly appointed judge is to monitor compliance with the settlement which has already been signed. After many years of unsuccessful individual efforts, and after 3 years of investigation and negotiation, the NYAG and the Eichner interests came to terms. Sadly, the owners seem to be an afterthought. I don't believe it's likely - or even possible - for the new judge to overturn the existing settlement.

If some law firm decides to pursue a class action suit, there seems to be a mountain of evidence. Based on this blog, I'm sure there will be many volunteers to participate. However, this is a civil matter, not a criminal matter. It will not be not a pro-bono undertaking. So unless a law firm is extremely well funded and willing to face off with the Eichners for years to come, I don't see this matter moving forward.

Do you see another endgame?