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Original Message:

Re: Manhattan Club Lawsuit (by Nathan Z.):

As has been said before, "the devil is in the details." Unfortunately, your message passes over many of them. While timeshare interests are sold in different forms at different timeshare projects, each project typically has only one. MC is an undivided ownership, like tenants in common. The fact that they should not be viewed or sold as investments does not prevent them from being real estate interests, it is simply a cautionary note regarding sales tactics and misrepresentations. And the fact that no market exists or is likely to exist is more "blue sky" boilerplate advising potential purchasers to consider the MC a risky expense rather than an investment from which you expect to recoup or profit. You will find similar boilerplate in most non-publicly traded investments. And the Eichners have not been found guilty of anything. Their representatives admitted to certain facts in the settlement talks which they made sure cannot not be used in any criminal proceeding. So you can bring a civil suit as an individual, but you cannot charge them with any criminal actions. And after so many unsuccessful attempts, if you convince the right prosecutor to charge them, or judge to hear the case, you still have the statute of limitations and the immunization they received from the NYAG to deal with. I am not defending Eisner. I think the sooner he is separated from the MC the better. However, I think owners need to be realistic about their expectations, stop raising false hopes, and let this matter settle.