375+ # 0384

There is no mystery of what would have happened had it not been stolen. In 1990, the city actually did cite Kleve for the outdoor storage of cars on one of his many properties which did initiate movement. The Ferrari would have been part of that relocation, and likely very notable and not forgotten. Many car club members actually came out and gave 78 year old Kleve a neighborly assist the time, and some Ferrari gurus took the lead in moving the Ferrari components that were not stolen, which were noted and stored. One of those generous helpers actually posted about this early on in this thread.

So, getting back to the issue at hand . . . was Mark Daniels bribed, or did Daniels actually have authority to sell Kleve's property and collect money? I will likely, and maybe soon, post a document (trust receipt) that will put to rest any notion that Kleve trusted or authorized Daniels. Daniels was at best a messenger or go between.

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See the attached June 23, 1999 "Trust Receipt" that Kleve required Daniels to sign regarding the original data plate.

That is indicative of Kleve's lack of trust and short leash for Daniels.

Next, as further proof of the short leash for Daniels, see the Complaint's June 18, 1999 Letter Of Authority that Kleve had signed a few days before getting the Trust Receipt. That June 18, 1999 document is the latest expression of the scope of authority of Mark Daniels, and Phillipe Lancksweert (Swaters' partner) had it. Note how it directs payment to Kleve, a reasonable payment procedure that was strangely not followed. Incidentally, Swaters claims he has, and has produced the corresponding June 18, 1999 Limited Power of Attorney which accompanies that Letter of Authority. A check of Swaters' documents shows it has "disappeared".

A couple weeks later Kleve receives a blank draft of a Settlement Agreement drafted by Swaters or Lancksweert or Daniels. Kleve fills in his price of $2,500,000 on the proposed 3pp Settlement Agreement, and then signs and notarizes it on July 16, 1999 in Ohio. Kleve expresses the proposal to Daniels and Daniels signs and notarizes it on July 19, 1999 in Florida.

Then the signed proposal dies unaccepted.

After years of effort, Daniels gets zero dollars according to his contingency contract with Kleve.

About four weeks later Daniels is asking Kleve for other documents, and Kleve provides, one of which is a signed affidavit that Kleve still owns, and has not sold, his Ferrari.

Again, after years of effort Daniels gets zero dollars according to his contingency contract with Kleve.

Six weeks later Daniels is offering Kleve a 250 Cabriolet in exchange for 0384AM.

So, clearly, Daniels is just stringing Kleve along as Daniels, or as Daniels and Lancksweert, obviously have something else up their sleeves.

Study the dates of the signatures on the alleged Settlement Agreement, and Swaters' entire claim unravels as a sham.
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Patrick,
I live in that so corrupt country you seem to know so well. Your post awakened my sleepy brain and pushed it to look for survey about how corrupt a country can be. I found this: http://www.transparency.org/publications/gcr and I have to say welcome to you as a member of the same club. According to that 2009 international survey our countries are at the same level of perceived corruption, they are both placed 18th on about 200 other countries.
I am not an official of my country, but you are and I am a little bit puzzled, not by what you assert about your sad experiences of the corruption in Belgium that I can not verify anyway, but by the fact that, as an official yourself, you admit, according to your post, that you took part in the corruption in paying whatever it was to have your car cleared by the Technical Control. Corruption supposes at least two people one giving the bribe and one receiving it.... Just joking of course!
Please don't take it to the word as I do not want to offense you and as I am sure that you are a fine and honest person, I am just making my point that it is useless to put offensive and general statements about other people or countries (that are made of people) as sometimes you can read in this forum. You can not deduct from your isolated and, after all, partial experiences, rules and definitive judgements on others. Some years ago I visited the States and someone stole my wallet, I did not come back in Belgium saying that all Americans were thieves. I believe that everywhere in the world you will find the same proportion of honest and dishonest, fine and bad, ..., people and that, if Belgium was the country you give a picture of, there would be 10.000.000 Belgians applying for US citizenship...
Happy New Year to all of you and to you Patrick

 

Patrick,

In the USA, Swaters would likely be a criminal for altering a VIN, or for trafficking in a vehicle with an altered VIN, especially when it involves a car KNOWN to be stolen such as 0384AM. Don’t forget, the Ferrari factory never made a car or chassis with the VIN that Swaters used, plus the Belgian authorities who released the car identified it as 0384AM – thus it is laughable to suggest that Swaters truly believed 0384AM was really 0394AM. I still do not see the gain in risking his reputation as it is now occurring.

Does Belgium have a similar law against altering a VIN number? Surely it must.

Below is the US Federal statute.

18 USCS § 2321

TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I. CRIMES
CHAPTER 113. STOLEN PROPERTY

18 USCS § 2321 (2003)

§ 2321. Trafficking in certain motor vehicles or motor vehicle parts

(a) Whoever buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, a motor vehicle or motor vehicle part, knowing that an identification number for such motor vehicle or part has been removed, obliterated, tampered with, or altered, shall be fined under this title or imprisoned not more than ten years, or both.

107 A.L.R.5th 567

SUMMARY: Illegally removing or altering a vehicle identification number (VIN) or selling or possessing a motor vehicle or motor vehicle part with an altered or removed VIN constitutes a crime in most states. In order to impose liability, state courts normally require a culpable mental state on the part of the defendant in altering or removing a VIN or in possessing a vehicle or vehicle part with an altered or removed VIN. Some states, however, do not require any culpable mental state on the part of the defendant when selling a vehicle or vehicle part with a removed or altered VIN.

Link: http://www.boss302.com/legal.htm

 

I read the comments on Ralph Lauren’s collection thread in Vanity Fair on his “over restored” cars. Ralph's cars reflect his own personal choice to make his cars ''his''. Each of them will carry his own identity forever, losing their past in the process. One can argue that this type of custodian role has been superseded by an application of resources and ego in an overkill restoration. Neglect is in the eyes of the beholder. Over restoration could well be far worse than waiting for the right moment to restore something correctly. We all have the right to assume any ownership role, Ralph and Karl Kleve made choices during their custodianship of important cars that will survive them both. I choose these two collectors are both extremes . Judge which role is worse or better - neglect or over restoration. It's a hard call actually.

In the case of several of Ralph's cars , could they be worse off then what was stolen from Kleve? Are they much like Monets that have been half scraped off the canvas and put in a reconstituted bucket of paint shavings then perfectly ''re-done'' like never before - historically speaking? Or in Kleve's case, like the Elgin Marbles of Athens that were removed (stolen) and preserved by the rich British because the Greeks would have, could have let them go to hell, hence it's ok to possess and preserve stolen property ill gotten with fuzzy authorities selling things they don't really have authority to sell. History can blur many actions that are considered just plain wrong.

I have to be mindful that Kleve removed 40% of the parts of 0384AM and stored them – safely to this day, while the chassis and nose lay outdoors under corrugated sheet metal. Someday the original parts will be back on 0384AM again, by a custodian who assumes a caretaker /curator role. I often think, how would Fred Simone restore 0384AM ? In my mind he is the role model of all custodians of automotive art. Of course, Fred is well resourced, and if we limit possession of valuables only to those that are well resourced, then surely only five percent of what needs preservation will be preserved . Look at how many rare Ferrari’s are around today only because of a few California car nuts who loved them with the little that was left from their weekly paychecks. Such cars would long ago have been scrapped but are today saved because of those car nuts. I remember Elliot Evans in New Orleans having a hoard of old Ferrari's in his riverfront shop. He used to tell me that he couldn't afford to keep them running - that was 1972.

How judgment is viewed by custodians goes back historically. In the case of Kleve, he was 76 years old when his 375 Plus was stolen. After being stored for some time in not the best of conditions. Kleve had started building a museum, but it seemed life had other plans as he aged. He didn't ruin his 375 Plus with an over-application of non-reversible “improvements” and replica parts. A high quality metal frame and an alloy tub sitting outside, while the rest of the car is under cover is not the worst thing one could envision. Somehow that '' justified neglect '' warrants a good and bad opinion of who was the better custodian here. Often in this forum, the opinion is corrupted and shifted into a phony argument of who deserves the car, because here, instead of some caring individual buying the car from Kleve, a thief took it. Then a “former” Ferrari legend named Jacques Swaters acquires it while still stolen, only to then hide it under a different serial number. I say “former” because an Ohio jury will soon decide the issue of Swaters veracity, and it is not looking good for Swaters. Not only is there the renumbering issue, but now we find that Swaters used his business partner to pay Kleve’s private investigator direct, using an old signature page from a proposal with Kleve’s signature to appear as if a new settlement had been reached. The dates of the signatures tell it all. Kleve’s signature is already 47 days old by the time the private investigator and Swaters’ partner reach what looks to be a sham settlement.

IMO the Ferrari community jumped the gun when it mindlessly swarmed at Swaters feet with support. There are more facts coming to light on a daily basis in Ohio, far more than the condoning of Swaters’ ''suspect '' reasons for his re-numbering the car as 0394AM, all the while keeping quiet about the truth. Of course Swater's knew what he had all along. That suspect settlement agreement that uses a 47 day old signature from Kleve, and routes payment direct to his private investigator is nothing more than act three of a sophisticated theft – act one was the theft, act two – the concealment under a phony VIN number 0394AM; and act three – the magic rebirth as 0384AM after the sham settlement, but Swaters said nothing about it until Kleve had long ago died, so Kleve could not contest it.

Certain people are throwing a curve ball, dripping with spittle, on the truth of what Kleve really had so that Swater's actions can be unjustifiably justified. If those people repeat the lies often enough, maybe more will believe it. One such lie is that the car was a “burned out wreck”, despite the fact that the alloy body, even the thin alloy strip that went around the dash gauges, did not warp or much less melt from what was simply a short in the wiring under the dash. Another lie is that the serial number was illegible due to the fire, thus Swaters, a Ferrari dealer with unfettered access to Ferrari archives, assumed the “8” was a “9” so he renumbered the car to a phony VIN number. And most recent lie - the 1999 settlement agreement that uses a signature from Kleve that is over 47 days old at the time. Legend, or “former” legend – you decide.

Today, if you re-restored 0384AM, installing all the original parts that sat in Kleve’s basement until 2010 and are now in a secure storage, it would be one of the best historical pieces in Monster Ferrari history. The current restoration is not correct because it is not complete, even according to Ferrari Classiche – who were certain to tell me that ''this [restoration] wasn't done by us''. Because Swaters lacked the original missing parts, a less than deserving restoration was his only choice at the time because Swaters, for some strange reason, just could not afford to actually show up at Kleve's door in Ohio, man to man, to ask for the 40% the thieves left behind in 1988. One can easily surmise why Swaters chose to leave the parts behind in Ohio.

On any moment you can judge who deserves credit in the preservation department, but storing a Ferrari shell outside is not a crime deserving of its loss by theft, concealment, and who knows what else as the Ohio jury convenes. As history unfolds we will look back and reconsider if 0384AM was really preserved by Swaters, and at what price to the truth, to fair play, and to history. At that point, I am sure everyone will see that what was lost was more than just a car – the theft from Kleve in 1988, the renumbering in 1990, and then the sham settlement in 1999 represent at least three thefts – thefts of the truth. Arguing the merits of preservation on this thread should have nothing to do with thinly veiled attempts to justify those thefts.

After all, the question is what is a good restoration ? In my view, it is nothing more than a faithful and honorable attempt at conveying a former historical truth with concern to preservation without deception and disguise.

 

You make me feel better, about the parts of my Ferrari collection that are left out in the rain.....

*golf clap for that last post*

 

M. Badot,

I hope this message finds you doing well and having had a wonderful new year. I do not take issue with your post at all. I dont disagree at all that there are people in all areas of the world who are dishonest or corrupt. I certainly did not mean to imply that all Belgians are thieves or evil. My sincere apologies if my post came across that way to you.

My point was simply that I have seen and experienced some level of corruption in dealing with my autos in Belgium. I have not tended to view it as my own participation in corruption as you put it, but rather as extortion of my money by Belgian officials. In a related incident I was able to deregister a vehicle, retitle it, and register it in my own name with the then-former owner not present even in the country and the officials acting on my word alone. Based on that fact alone, I find it possible that someone with the influence of M. Swaters would be able to manipulate titles if he wished.


So, again, my apologies if my post offended you as that was certainly not my intent. I really enjoyed my time in Belgium and would be happy to return to my old job if that opportunity were presented to me. Next time I drink a Chimay I shall raise my glass to you my new friend. As an aside, if you should visit the US and we should happen to be at the same place I would be happy to buy you a drink.

Best wishes,


PDG

 

Update on Ohio Court Proceedings:

A hearing was held Jan 14 on our Motion to Compel Discovery. Both sides presented their arguments and the Judge asked for proposed orders from each. Those proposed orders were due and submitted on Mon, Jan 24.

Swaters is holding back all restoration docs, all partnership docs, and all acquisition docs, claiming trade secret or patent protection, or that he does not have them. We basically argued that is pure bull****. The delay in production is now seven months old. Swaters is even claiming that Ferrari wants all photos of the restoration kept from the public because they embody trade secrets, so he does not want them made public in any way. I do not believe that is true and I have asked my attorneys to ask for a letter from Ferrari making and adhering to that statement.

We await the Judges order.

Also, I have sent a letter to Florence Swaters via Keith Bluemel, and hopefully this will lead to some talks.


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On September 7, 2010, Palm Beach County Circuit Court Judge Jack S. Cox imposed additional findings and sanctions on Mark Todd Daniels .

Daniels lied under oath at the March 25th, 2010 Court Hearing and continued to lie under oath at the September 7, 2010 hearing;

Daniels was found in Contempt of Court for having made false statements under oath;

Daniels was immediately sentenced to 5 months, 29 days in confinement at the Palm Beach County Jail, subject to being released after 2 days and being on probation for 5 months, 27 days;

In addition, the Court sanctioned Daniels by striking all of his pleadings because it found that Daniels set in motion a series of events and intentionally provided testimony for the purpose of hindering, delaying, and otherwise defeating the proper administration of justice.

http://ir.stockpr.com/tads-usa/press-releases/detail/143/tactical-air-defense-services-prevails-over-former-ceo-in-litigation

Guess he didn't send flowers heh ?

 

As of February 17, 2011:


The Judge signed the Order Compelling Swaters to Produce Documents in his possession, custody, and control on January 27, 2011. It gave Swaters (estate and Florence) basically a 28 day window to comply. It allowed the attorneys to work out some confidentiality issues amongst themselves as to certain documents.

On February 4, 2011, we motioned to have that 1.27.11 Order modified to grant more than 48 hours for the title and alleged contract delivery in advance of a deposition, for the purpose of expert review for authenticity and alteration issues.

On February 9, 2011, Ford (me) filed his answers to the Interrogatories propounded by Swaters.

In the next day or so Ford will be filing a Motion to Compel the car to Cincinnati for inspection and testing.

There are some interesting videos on Youtube - search "Karl Kleve" or "Ferrari 375 Plus 0384AM" or "stolen Ferrari 375 Plus".


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Be sure to post a few pics, of it rolling off the truck.

Ferrari is going to "give it up"???????????

 

I HAVE BEEN READING THIS AND ACTUALLY MET THE DAUGHTER AT HERSHEY ANTIQUE SHOW 4 TO 5 YEARS AGO WHERE SHE HAD ALLOT OF THE CARS ORIGINAL PARTS FOR SALE SHE TOLD THE STORY. MYSELF AND MY FRIEND SPOKE TO HER LATER ABOUT IT AND IT WAS A HARD CALL BUT THE FACTS DID WAY IN HER FAVOR. HOWEVER HER PRICE WAS TOO HIGH AND HER FATHERS FRIEND WAS HOLDING THE ENGINE FOR RANSOM AND HIS PRICE WAS HIGH . THE ENGINE LAST YEAR WAS AT CLASSICHE IN ITALY. HE SOLD IT TO THE BELGIUM FOR ABOUT 400,000. YES , LAWS WERE DEFINITELY BROKEN AND IN SPEAKING WITH AN ATTORNEY WHERE AS THE CAR WAS WORTH 3 TO4 MIL AT THE TIME .TO BUY IT RESTORE IT FIGHT THE BATTLE ON EUROPEAN SOIL IT DID NOT ADD UP .

 

Caps key locked?

 

Back to Ali Baba's cave with the booty - ''Open Sesame''


I see the allegiance to Swaters during this looting that surpasses that of Ali 's forty - shame on them.

I wonder if Ferrari owns the car. They said they do.

[ame]http://www.youtube.com/watch?v=BvIGO9Ndme0&feature=related[/ame]

 

Daniels is now 44 years old. When he was in his 20's he met with Pietro at Maranello over this 0384Am ordeal . Anyone know why Pietro F. ran a background check on him, and refused to met with him again?
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Absolutely no idea. But your online character assassination of anyone on the other side of your case is distasteful to me.

Why not just keep your arguments for the court.

 

Your statement suggest that Mark Todd Daniels was on the other side , I am assuming you are talking about in Swater's camp . How do you come to reach that opinion ?

I think knowing the players, all of them, is an important part of the story here. We are talking about a stolen Ferrari here that was re-numbered and concealed by a bigger than life legend, Jacques Swaters. The series of events involving all the crimes here was all distasteful, so keeping the subject ''tasteful'' is not possible.

 

You miss my point entirely. Surely this is a matter for the REAL court, not for a "kangaroo" court on Fchat, which is what to me you seem to be trying to achieve.

 

Quite the inventive rationalization.

 

Francis,

It may be that it is you who miss the point.

The man posted the official mugshot of Mark Todd Daniels after Mark Todd Daniels was jailed for contempt of court, and more particularly, after a real Judge in a real Court of Law found Daniels to be extremely dishonest. That finding is a REAL COURT document and this information is now out there for the Ferrari community to use as they form their opinions.

So, if you have any issues with that information, you should go straight to the source,
Palm Beach County Circuit Court Judge Jack S. Cox, who ruled and imposed additional findings and sanctions on Daniels, including but not limited to . . .

Daniels lied under oath at the March 25th, 2010 Court Hearing and continued to lie under oath at the September 7, 2010 hearing;
Daniels was found in Contempt of Court for having made false statements under oath;
Daniels was immediately sentenced to 5 months, 29 days in confinement at the Palm Beach County Jail, subject to being released after 2 days and being on probation for 5 months, 27 days;
In addition, the Court sanctioned Daniels by striking all of his pleadings because it found that Daniels set in motion a series of events and intentionally provided testimony for the purpose of hindering, delaying, and otherwise defeating the proper administration of justice.

http://ir.stockpr.com/tads-usa/press-releases/detail/143/tactical-air-defense-services-prevails-over-former-ceo-in-litigation

Those are some serious sanctions, made by a Real Court, and are relevant to any who wonder what really happened in September of 1999 regarding Karl Kleve's stolen Ferrari 375 Plus 0384AM.

I have seen Kleve estate documents that make it hard to believe that the Belgians who paid Daniels direct (don't you find that odd?) did not already suspect that Daniels had no authority to sell the car or title rights, yet they proceeded anyway and were willing to chance it. Daniels may have even told them that, but they waved so much money in his face . . . I think I recall a Swaters document that said Daniels would be liable if it turned out that Daniels had no authority (again, don't you find that odd?). I will post it for you as it supports your point.

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Palm Beach Jail is pretty light sentence for ripping off a Government contract, IMO.
I like the part about his Non Compete 'starting over' tho....
Someone has a sense of humor!

I DO have a real bad feeling about this "going away for a while" comment, from Ferrari.
(Although I don't think that porter speaks for Pierro....)

Suppose they have a Bill of Sale from Swater's Estate for the car?

Where does that leave your client, knocking on the big doors of Maranello to ask for it back????

 

If they can win in Ohio, they probably have a better chance of Fiat/Ferrari, a giant corporation with significant business interests in the US complying with the court decision than Swaters. Don't you think?

 

Absolutely correct IMO, the last thing a company needs is a easily fixable lawsuit hanging over them in one of their wealthiest markets. But then again maybe they could change the car back to #0394AM and deny all knowledge of anything.

 

Seems like Ferrari would have an easy time of it...just throw a bunch of billable hours at Kleve & Co until the car is no longer financially worth pursuing.

Then again I'm really cynical about the legal system...