Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2)

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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#501 » by Larry Ellison » Yesterday 12:28 pm

jbk1234 wrote:
Godymas wrote:
jbk1234 wrote:
You're clearly not an attorney and you don't know what you're talking about. The board members have fiduciary duties to the investors. They have statutory duties to creditors once they know, or should know, the company is at risk of insolvency. You very much cannot just hand out the company's money because it's not your money.


I don't know what I'm talking about? You don't understand why people incorporate, it's to protect their personal assets. In America's financial system, you only lose what you put in. If Aspiration paid a consultant $1 million dollars for some powerpoints, how is that any different. The deliverable is the powerpoint, unfortunately for the investors you cannot liquidate the asset of a powerpoint for the same market value in return, but that company that delivered the powerpoint won't be expected to pay something back because they have a rightful deliverable and there is no proof of coercion or any sort of under the table deal that led to them paying for this. In this case the deliverable for Kawhi Leonard as a sports media figure was simply his endorsement, yes that's how the world works.

With the Kawhi Leonard situation you are insinuating that there was some under the table deal for Kawhi Leonard to be paid less in the NBA for more money, mind you he's currently making 35% of the salary cap aka he is NOT being underpaid at all in the NBA, he's actually making exactly what he should. That alone is enough to rule out the notion of an "under the table deal" I scratch yours you scratch because where the hell is the benefit for Ballmer, other than retaining Kawhi Leonard on a supermax extension. The idea that Ballmer invested money into this company just for it to get funneled back to Leonard is ABSURD.

The company paid $300 million to the Clippers as part of partnership for the Intuit Dome, it's natural that they would also sponsor the highest paid player.

Thank you, because I've now read the article from ESPN that shares more details and am now even less convinced that there was any aspect of Kawhi doing something wrong. When you look at the names of people that invested into this company it is so clear that this was a massive LA network event of people who were hopping what they believed was a good idea. The CEO stated there were obligations that Kawhi Leonard had to meet as part of his sponsorship with this company, the fact that the company went under basically frees Kawhi's of those obligations, clearly they never got around to enforcing them.

The fraud of Sanberg, it sucks that it happened, and Sanberg can be federally charged, anyone who assisted Sanberg can be federally charged and potentially held somewhat liable for what they defrauded. The entire Board will not be held liable to creditors, employees will not be held liable to creditors, that's how the justice system works, one person's wrong doing will not screw over an entire group of people, which is part of what allows America to have a good business environment.


I sincerely hope that no one who is reading this comes away with the impression that you have a reliable understanding of the law. If they do, and act on it, they're going to need as many attorneys as Leonard and Ballmer. You've invented, from whole cloth, some version of corporate sponsorship that permits the officers and board members to breach their fiduciary duties to investors without consequence.

Also, the company didn't actually pay $300M to the Clippers. They agreed to pay the Clippers over a very long time.

I am with jbk1234 on this. You don't understand the law. Every Board member is a fiduciary.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#502 » by Godymas » Yesterday 12:40 pm

Larry Ellison wrote:
jbk1234 wrote:
Godymas wrote:
I don't know what I'm talking about? You don't understand why people incorporate, it's to protect their personal assets. In America's financial system, you only lose what you put in. If Aspiration paid a consultant $1 million dollars for some powerpoints, how is that any different. The deliverable is the powerpoint, unfortunately for the investors you cannot liquidate the asset of a powerpoint for the same market value in return, but that company that delivered the powerpoint won't be expected to pay something back because they have a rightful deliverable and there is no proof of coercion or any sort of under the table deal that led to them paying for this. In this case the deliverable for Kawhi Leonard as a sports media figure was simply his endorsement, yes that's how the world works.

With the Kawhi Leonard situation you are insinuating that there was some under the table deal for Kawhi Leonard to be paid less in the NBA for more money, mind you he's currently making 35% of the salary cap aka he is NOT being underpaid at all in the NBA, he's actually making exactly what he should. That alone is enough to rule out the notion of an "under the table deal" I scratch yours you scratch because where the hell is the benefit for Ballmer, other than retaining Kawhi Leonard on a supermax extension. The idea that Ballmer invested money into this company just for it to get funneled back to Leonard is ABSURD.

The company paid $300 million to the Clippers as part of partnership for the Intuit Dome, it's natural that they would also sponsor the highest paid player.

Thank you, because I've now read the article from ESPN that shares more details and am now even less convinced that there was any aspect of Kawhi doing something wrong. When you look at the names of people that invested into this company it is so clear that this was a massive LA network event of people who were hopping what they believed was a good idea. The CEO stated there were obligations that Kawhi Leonard had to meet as part of his sponsorship with this company, the fact that the company went under basically frees Kawhi's of those obligations, clearly they never got around to enforcing them.

The fraud of Sanberg, it sucks that it happened, and Sanberg can be federally charged, anyone who assisted Sanberg can be federally charged and potentially held somewhat liable for what they defrauded. The entire Board will not be held liable to creditors, employees will not be held liable to creditors, that's how the justice system works, one person's wrong doing will not screw over an entire group of people, which is part of what allows America to have a good business environment.


I sincerely hope that no one who is reading this comes away with the impression that you have a reliable understanding of the law. If they do, and act on it, they're going to need as many attorneys as Leonard and Ballmer. You've invented, from whole cloth, some version of corporate sponsorship that permits the officers and board members to breach their fiduciary duties to investors without consequence.

Also, the company didn't actually pay $300M to the Clippers. They agreed to pay the Clippers over a very long time.

I am with jbk1234 on this. You don't understand the law. Every Board member is a fiduciary.



You’re right, that is my only mistake, all the board members will be liable. Kawhi being held responsible is made up fantasy, as is Ballmer because he is actually one of the defrauded investors.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#503 » by Godymas » Yesterday 12:42 pm

jbk1234 wrote:
Godymas wrote:
jbk1234 wrote:
You're clearly not an attorney and you don't know what you're talking about. The board members have fiduciary duties to the investors. They have statutory duties to creditors once they know, or should know, the company is at risk of insolvency. You very much cannot just hand out the company's money because it's not your money.


I don't know what I'm talking about? You don't understand why people incorporate, it's to protect their personal assets. In America's financial system, you only lose what you put in. If Aspiration paid a consultant $1 million dollars for some powerpoints, how is that any different. The deliverable is the powerpoint, unfortunately for the investors you cannot liquidate the asset of a powerpoint for the same market value in return, but that company that delivered the powerpoint won't be expected to pay something back because they have a rightful deliverable and there is no proof of coercion or any sort of under the table deal that led to them paying for this. In this case the deliverable for Kawhi Leonard as a sports media figure was simply his endorsement, yes that's how the world works.

With the Kawhi Leonard situation you are insinuating that there was some under the table deal for Kawhi Leonard to be paid less in the NBA for more money, mind you he's currently making 35% of the salary cap aka he is NOT being underpaid at all in the NBA, he's actually making exactly what he should. That alone is enough to rule out the notion of an "under the table deal" I scratch yours you scratch because where the hell is the benefit for Ballmer, other than retaining Kawhi Leonard on a supermax extension. The idea that Ballmer invested money into this company just for it to get funneled back to Leonard is ABSURD.

The company paid $300 million to the Clippers as part of partnership for the Intuit Dome, it's natural that they would also sponsor the highest paid player.

Thank you, because I've now read the article from ESPN that shares more details and am now even less convinced that there was any aspect of Kawhi doing something wrong. When you look at the names of people that invested into this company it is so clear that this was a massive LA network event of people who were hopping what they believed was a good idea. The CEO stated there were obligations that Kawhi Leonard had to meet as part of his sponsorship with this company, the fact that the company went under basically frees Kawhi's of those obligations, clearly they never got around to enforcing them.

The fraud of Sanberg, it sucks that it happened, and Sanberg can be federally charged, anyone who assisted Sanberg can be federally charged and potentially held somewhat liable for what they defrauded. The entire Board will not be held liable to creditors, employees will not be held liable to creditors, that's how the justice system works, one person's wrong doing will not screw over an entire group of people, which is part of what allows America to have a good business environment.


I sincerely hope that no one who is reading this comes away with the impression that you have a reliable understanding of the law. If they do, and act on it, they're going to need as many attorneys as Leonard and Ballmer. You've invented, from whole cloth, some version of corporate sponsorship that permits the officers and board members to breach their fiduciary duties to investors without consequence.

Also, the company didn't actually pay $300M to the Clippers. They agreed to pay the Clippers over a very long time.


You’re right, that is the only incorrect statement I made, the board is liable for defrauding investors.

Is Kawhi Leonard a board member or a fidicuary?

The company didn’t actually pay $28M to Kawhi Leonard, they still owe him $7M.

Ballmer is an investor in the company, so Ballmer is one of the people that was defrauded by the company.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#504 » by Godymas » Yesterday 12:52 pm

Anyways, it’s another day and the NBA has mentioned nothing because why would they care about a little sponsorship deal? I watched Miles Bridges commit a poster last night on my team, in person. Who cares about Kawhi Leonard?
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#505 » by God Squad » Yesterday 1:18 pm

Godymas wrote:Anyways, it’s another day and the NBA has mentioned nothing because why would they care about a little sponsorship deal? I watched Miles Bridges commit a poster last night on my team, in person. Who cares about Kawhi Leonard?

They've already said they're waiting until after the All-Star Game. There will likely be no updates or little from the NBA until then.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#506 » by jbk1234 » Yesterday 1:51 pm

Godymas wrote:Anyways, it’s another day and the NBA has mentioned nothing because why would they care about a little sponsorship deal? I watched Miles Bridges commit a poster last night on my team, in person. Who cares about Kawhi Leonard?


The NBA hired the same law firm it did to investigate Donald Sterling. Months went by with no updates, and then there was a pretty big update.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#507 » by Larry Ellison » Yesterday 2:03 pm

jbk1234 wrote:
Godymas wrote:Anyways, it’s another day and the NBA has mentioned nothing because why would they care about a little sponsorship deal? I watched Miles Bridges commit a poster last night on my team, in person. Who cares about Kawhi Leonard?


The NBA hired the same law firm it did to investigate Donald Sterling. Months went by with no updates, and then there was a pretty big update.

Wachtell firm is the best in the biz. They will give appropriate recommendations. What Adam Silver does, I cannot predict.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#508 » by Larry Ellison » Yesterday 2:47 pm

JonFromVA wrote:
Larry Ellison wrote:
jbk1234 wrote:
You're clearly not an attorney and you don't know what you're talking about. The board members have fiduciary duties to the investors. They have statutory duties to creditors once they know, or should know, the company is at risk of insolvency. You very much cannot just hand out the company's money because it's not your money.

I agree with this. No question fiduciary duties were breached.


If a thief steals a diamond, and then turns around and gives it to someone else as a gift or payment for services (doesn't matter) the police can reclaim the diamond and return it to the owner. Right?

Whether the recipient is charged with a crime would depend whether they knowingly accepted stolen merchandise. Right?

So if fraud has already been established, why wouldn't prosecutors be trying to clawback whatever money was paid to Kawhi? And if they can dig up any evidence of conspiracy on his part, wouldn't his shell companies be at risk of falling apart leaving him personally liable?

Bad analogy. This wasn't theft. The Aspiration fraud involved falsification of financial statements to obtain bank financing. They also happened to have a relationship with Kawhi.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#509 » by JonFromVA » Yesterday 4:00 pm

Larry Ellison wrote:
JonFromVA wrote:
Larry Ellison wrote:I agree with this. No question fiduciary duties were breached.


If a thief steals a diamond, and then turns around and gives it to someone else as a gift or payment for services (doesn't matter) the police can reclaim the diamond and return it to the owner. Right?

Whether the recipient is charged with a crime would depend whether they knowingly accepted stolen merchandise. Right?

So if fraud has already been established, why wouldn't prosecutors be trying to clawback whatever money was paid to Kawhi? And if they can dig up any evidence of conspiracy on his part, wouldn't his shell companies be at risk of falling apart leaving him personally liable?

Bad analogy. This wasn't theft. The Aspiration fraud involved falsification of financial statements to obtain bank financing. They also happened to have a relationship with Kawhi.


I'll take your word for it, but it sure sounded to me like their level of fraud went much deeper - they they wrapped themselves in green so they could steal money from investors; but if that's not what they confessed to, then it would need to be proven.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#510 » by Larry Ellison » Yesterday 5:39 pm

JonFromVA wrote:
Larry Ellison wrote:
JonFromVA wrote:
If a thief steals a diamond, and then turns around and gives it to someone else as a gift or payment for services (doesn't matter) the police can reclaim the diamond and return it to the owner. Right?

Whether the recipient is charged with a crime would depend whether they knowingly accepted stolen merchandise. Right?

So if fraud has already been established, why wouldn't prosecutors be trying to clawback whatever money was paid to Kawhi? And if they can dig up any evidence of conspiracy on his part, wouldn't his shell companies be at risk of falling apart leaving him personally liable?

Bad analogy. This wasn't theft. The Aspiration fraud involved falsification of financial statements to obtain bank financing. They also happened to have a relationship with Kawhi.


I'll take your word for it, but it sure sounded to me like their level of fraud went much deeper - they they wrapped themselves in green so they could steal money from investors; but if that's not what they confessed to, then it would need to be proven.

Fraudsters do fraudulent things. The Kawhi deal was suspect in that it didn't return much value to the corp. But it was approved by the CEO at a time when he had the authority to do so. I'm not defending it. Just looking at whether theft could be proven.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#511 » by MartyConlonJr » Yesterday 9:21 pm

I think the likelihood of Kawhi getting any real punishment is low as he is already 34 1/2 years old, if they don't act till the end of the season.

I think the worst that would happen would be his contract is voided (50 mill for 26-27) and he is suspended for his 35 year old season, which given his history, not sure he cares all that much about or would be available for that season, decent chance he'll be injured and roll in to retirement if that happens.

So worst case I think would be losing 50 mill, which is about what the Aspiration deal was. Though I guess the last 20 mill in shares ended up 0, so possibly he loses 20 mill overall?

Ideally they would act a lot quicker if he is guilty, as this season the Clippers are a contender IMO and he is healthy and playing. A year suspension and void of contract would hit a lot harder right now.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#512 » by CS707 » Yesterday 10:44 pm

Larry Ellison wrote:
CS707 wrote:
Larry Ellison wrote:Kawhi did not break the law..


Does that still apply if it's proven he knowingly accepted the money for the purpose of salary cap circumvention with no intent of providing services? Serious question. That seems like conspiracy to commit fraud but I'm not expert either

Hard to prove. But let's assume it could be proven. Conspiracy to circumvent the cap isn't fraud. Fraud is when you induce someone to take action in reliance on your deceit, and they are damaged. There are other elements like whether the reliance is reasonable, but I am trying to keep it short. The point here is that conspiring to circumvent the cap and conspiring to defraud Aspiration investors are two different things. I don't know if there is a remedy in the CBA for the league to take action against players that are complicit in a team's efforts to circumvent the cap. I know the legal world but I am not an expert on the CBA so maybe other posters can speak on that issue.

Conspiring to circumvent the NBA salary cap is not a violation of any law that I am aware of.


I was more thinking that the acceptance of money on fraudulent pretense. Would a non-party investor not be defrauded by the organization utilizing investment capital for reasons not related to the purpose stated? Assuming yes, wouldn't Leonard's willful participation make him a conspirator?
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#513 » by Larry Ellison » Yesterday 11:31 pm

CS707 wrote:
Larry Ellison wrote:
CS707 wrote:
Does that still apply if it's proven he knowingly accepted the money for the purpose of salary cap circumvention with no intent of providing services? Serious question. That seems like conspiracy to commit fraud but I'm not expert either

Hard to prove. But let's assume it could be proven. Conspiracy to circumvent the cap isn't fraud. Fraud is when you induce someone to take action in reliance on your deceit, and they are damaged. There are other elements like whether the reliance is reasonable, but I am trying to keep it short. The point here is that conspiring to circumvent the cap and conspiring to defraud Aspiration investors are two different things. I don't know if there is a remedy in the CBA for the league to take action against players that are complicit in a team's efforts to circumvent the cap. I know the legal world but I am not an expert on the CBA so maybe other posters can speak on that issue.

Conspiring to circumvent the NBA salary cap is not a violation of any law that I am aware of.


I was more thinking that the acceptance of money on fraudulent pretense. Would a non-party investor not be defrauded by the organization utilizing investment capital for reasons not related to the purpose stated? Assuming yes, wouldn't Leonard's willful participation make him a conspirator?

The CEO breached his fiduciary duties by wasting money on the Kawhi deal. Those duties are owed to shareholders. I am not sure how Kawhi acted fraudulently. He did not induce Aspiration to sign the contract through deceit. I suppose you could say Kawhi was complicit in the CEO's breach of fiduciary duties but he would not be civilly or criminally liable for that. His actions were not tortious. Unlike the CEO, Kawhi did not owe duties to Aspiration shareholders. Also, the Aspiration contract was signed in April 2022. The statute of limitations for civil fraud claims in California is 3 years. It can sometimes be extended when there is delayed discovery of the claim but that didn't happen here. The Kawhi contract was not a secret. The Aspiration Board knew about it. Any fraud claim asserted by Aspiration against Kawhi is time barred.
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Re: Pablo Torre: Kawhi/Clippers/Ballmer/Aspiration Thread (part 2) 

Post#514 » by CS707 » Today 12:06 am

Larry Ellison wrote:
CS707 wrote:
Larry Ellison wrote:Hard to prove. But let's assume it could be proven. Conspiracy to circumvent the cap isn't fraud. Fraud is when you induce someone to take action in reliance on your deceit, and they are damaged. There are other elements like whether the reliance is reasonable, but I am trying to keep it short. The point here is that conspiring to circumvent the cap and conspiring to defraud Aspiration investors are two different things. I don't know if there is a remedy in the CBA for the league to take action against players that are complicit in a team's efforts to circumvent the cap. I know the legal world but I am not an expert on the CBA so maybe other posters can speak on that issue.

Conspiring to circumvent the NBA salary cap is not a violation of any law that I am aware of.


I was more thinking that the acceptance of money on fraudulent pretense. Would a non-party investor not be defrauded by the organization utilizing investment capital for reasons not related to the purpose stated? Assuming yes, wouldn't Leonard's willful participation make him a conspirator?

The CEO breached his fiduciary duties by wasting money on the Kawhi deal. Those duties are owed to shareholders. I am not sure how Kawhi acted fraudulently. He did not induce Aspiration to sign the contract through deceit. I suppose you could say Kawhi was complicit in the CEO's breach of fiduciary duties but he would not be civilly or criminally liable for that. His actions were not tortious. Unlike the CEO, Kawhi did not owe duties to Aspiration shareholders. Also, the Aspiration contract was signed in April 2022. The statute of limitations for civil fraud claims in California is 3 years. It can sometimes be extended when there is delayed discovery of the claim but that didn't happen here. The Kawhi contract was not a secret. The Aspiration Board knew about it. Any fraud claim asserted by Aspiration against Kawhi is time barred.


That's what I was getting at. I appreciate the informed response.

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