AFTER
THE DEMISE OF NMCWith our summary of the boring underlying
facts and most of the evidence out of the way, we will continue on
chronologically with the "Good Part"
This was the first time I, Don Mashak, lost employment due to a
business closure. However, the Author soon found the job loss
was a blessing in disguise. 1st National Bank of Elk River,
Na (FNE) and the Bank North, NA (BN) both sub-contracted the collection
work on their NMC Portfolios to the Author. Citizen's State
Bank was one of
the Last duped Banks to come on Board with NMC, and so they just had
Don Mashak do Collection and Repossession work for them. The
party that bought the NMC "In-House" Finance paper from the Bankruptcy
Court also asked the Author to do that collection and repossession work
(Loan Portfolio Management).
The author, Don Mashak, started a Loan Portfolio Managment Company and did
collections and repossessions for many clients. As time went
on, the primary source of income for the Author became repossessions.
And the author enjoyed the thrill of the hunt and the freedom
of being outdoors and not in an office. (And the money was good)
At the demise of NMC, The Author had no more knowledge of what had
exactly happened than the average employee at any firm that goes out of
business. But as time progressed, various people from the
Bank North, NA (BN) started asking me questions about what had went on
with NMC and FNA. I came to know that they were considering
suing FNA for fraudulent credit references. As it became
known what the Author knew and what documents the Author had, he became
more popular at the Bank North. NA. Business was good and the Author
was well-respected - Life was good.
At some point quite a while after NMC closed, I got a call from Anoka
County Investigator Tom Rachel. Tom Rachel wanted to meet
with me and I invited him to my home. Tom Rachel never
indicated that he he was investigating the Author. But Tom
Rachel's eyes fell wide open and his jaw dropped when I produced 20-30
pages of FNA Collection Sheets and explained to him the Signifigance of
"DO NOT MAIL" The Author talked to Investigator Rachel for more than an
hour. Investigator Rachel asked if he could have the FNA
Collection Sheets. The Author told him he would bring them by
Investigator Rachel's office in a day or two. When I brought
him copies, Investigator Rachel seemed dismayed. He told the
Author that it was not necessary to spend my own money for copies, they
would have done that. Investigator Rachel made further
overtures to get the originals but they were not with me, and the
author knew they were his best defense to any allegation that he
performed repossessions without the knowledge of FNA. TO THE BEST OF MY
MEMORY, NEITHER TOM RACHEL NOR ANY OTHER ANOKA COUNTY LAW ENFORCEMENT
OR COUNTY ATTORNEY PERSONNEL EVER CONTACTED THE AUTHOR TO PURSUE ANY
ISSUE REGARDING NMC EVER AGAIN.
Around this time, the Author began recieving regular anonymous
threats to not testify. One particular FNA Employee made direct
intonations and threats, both personally and via phone. (The
Author is saving release of that name for marketing purposes for the
unabridged traditional book version .)
At some point, the Author became aware that Norwest Bank, NA
now Wells Fargo Bank, NA was purchasing the Bank North, NA. As
the Transition period for the change of management and moving the
purchased banks computers onto the purchasing bank Computer system can
take 6-12 months, the author had time to implement a client saving
strategy.
The Author used that time to solicit Norwest Bank, NA (Wells Fargo)
for repossession business. And was approved and in the money, times
were getting better. Norwest Employee Ruth Moberg gave me high praise
for my repossession work on Norwest's behalf.
Along the way, one of the principals for NMC was charged Criminally.
He asked the author to testify at his omnibus hearing. Now,
the author was pretty much unaware who exactly did what in the demise
of NMC. The Author knew FNA was trying to convince people that it did
not have knowledge of the Financial Situation of NMC until a few months
before the demise of NMC and specifically that they did not know the
author was providing collection and repossession activity on
their behalf. The most memorable thing the author remembers saying was
that they should "arrest and convict whoever did whatever"
Sometime after this Omnibus hearing, Norwest Bank, NA abruptly
terminated their business with the author, with no official believable
explanation. Some said they had too many repossession agents
and that they randomly determined who should be terminated (It seems
unlikely that Norwest Bank now Wells Fargo would not make a performance
based decision). Finally, I was told off the record that "I
was in the wrong place at the wrong time"
Neither the Anoka
County Prosecutor Robert M.A.
Johnson Senior 1982-2000 nor the NMC Prinicipal called me to testify at
the trial. In the end the dealer was convicted of a few different
charges and 1 charge of MN Stat. 609.62 "Defeating Security on
Personalty" Ask yourself, "How did the Author not get charged
with illegally repossessing 150-200 vehicles that FNA later wrongfully
repossessed on the grounds that they did not know nor authorize NMC to
repossess and resell the vehicles." Oh, thats right, you
already know the answer to that question - The author had the FNA
incriminating smoking gun collection sheets with the "DO NOT MAIL"
substitutions. In fact, the Author had told Tom Rachel he
should arrest William Bunker, Roger Oakerman, Ruth Grussing and Bruce
Dilley and make the 150-200 people that had their vehicles wrongfully
repossessed "whole"
Shortly after the Principal of NMC was
convicted, The Author was subpoened for a Deposition in theCitizens
State Bank of St. Louis Park (Citizens) vs FNA civil litigation.
At the time, The Author did not
know Subpoenas could be blown off, so he believed he was compelled to
appear. Please note that the verdict in the trial of the NMC principal
and this civil litigation in regards to FNA not knowing that NMC was
repossessing and reselling vehicles are irreconcilable. Both
Citizens State Bank and The
Bank North Prevailed using the same Timeline of Events that the Author
has represented. The Author's FNA Collection Documents were just icing
on the cake. Bank North had already buried FNA with the Deposition of
FNA Accountant
Basney (previously referenced )
THE
UNFORESEEABLE TWISTSoon the author learned that Norwest Bank
now Wells Fargo had purchased 1st National Bank of Anoka, NA and with
it, all the liablities in the civil suits by the remaining victim banks
(Bank North had already been purchased) Based on information
and belief, Norwest Bank Officer/Board Members Daniel Saklad and Richard Kovacevich
forced FNA to sell to avoid its officers going to jail and/or simply losing
everything because the jury award in the Bank North NA
litigation would cause FNA to become insolvent. Whatever the actual
particulars, suddenly the Authors
knowledge and evidence was a liability instead of an Asset.
And just as Suddenly, the Author faced the prospect of being an enemy
of Norwest Bank now
Wells Fargo.. Worse, the author was stuck with being on the
record with no way to recant the documents nor the statement given to
Investigator Rachel. Again, it may be worth the excercise to try to
imagine the anguish the author experienced when he realized just how
screwed he was.
Now, as you might imagine, a person willing to perform repossessions is
not afraid of much, but the thought of taking on Norwest Wells Fargo
Bank had the author reciting, "He who runs away, lives to fight another
day.
ENDEAVORING
TO PERSEVEREBut the Author strapped on the big pair one
morning and went to see
Norwest Bank, NA President Richard Kovacevich. The following
email to a local law enforcement officer perhaps best describes what
happened.... |
