This ad appeared in the February 4, 1989 issue of the Ferrari Market Letter. It was an attempt to gather info on his car, in cooperation with legendary Ferrari archivist and market letter publisher Gerald Rousch. A few weeks earlier Mr. Rousch had seen the remains and concluded they were those of Karl Kleve's Ferrari 375 Plus, but they had been hastily exported before any action was taken. Karl Kleve had reported the remains of 0384AM stolen to the local police on January 24, 1989, and then to the FBI on January 27, 1989. Image Unavailable, Please Login
Just for clarification, after the car was stolen from Karl Kleve in Cincinnati, its route to Belgium (while with various thieves/fences) was through Atlanta of all places, thus providing Mr. Roush a perfect opportunity to examine it. Best, Dave
Mr. and Mrs. Howard Hively, talking to Ben H. Harris III, at Lawrenceville, Illinois, Sportscar Races, June 17 19, 1955 Note, Kimberly liked his 4.5 375MM better, and would sometimes let his mechanic Marshal Lewis drive the 4.9, and then Hively, too. Ownership may or may not coincide with who drove the car. I thought 1955 was early for Hively, but it is in the 1955 magazine that way, plus I have pics of the program, the Hively signed hold-harmless, etc. Image Unavailable, Please Login
The case is still in the discovery phase with each side exchanging docs, requesting additional docs, etc. as we all prep for trial. The Swaters (now only Florence on her and her father's behalf I think) are on their third attorney, still in-house with the firm they first hired (Graydon Head of Cincinnati). I (Ford) have just switched lawyers, from Taft, Stettinus, Hollister, to Whitman Law Offices. Lawson is still with her original attorney Ritter-Randolph. Officially we have about another 60 days for discovery but it will likely extend beyond that. Joe
Am I correct that the car is now at Ferrari in Maranello? Is the factory now involved and if so how did they acquire the car? just one man's opinion tongascrew
I do not think Ferrari owns any of the car. That video of the Ferrari museum employee on Youtube is likely mistaken. Just search "Karl Kleve" on You Tube and the video set (of six vids) will come up, YouTube user (me) is "Ferrari375Plus0384AM" Ferrari has not tried to intervene or become involved in the Ohio lawsuit at all. There is a standing Court Order, consented to by Swaters, and thus his agents that handle his car are bound, whereby the car is not to be moved, altered, modified, or in any way changed. The car is supposed to be at Ferrari on factory grounds in Maranello. If anybody has info to the contrary, or in confirmation, please email me. J *
Joe has Swaters side provided any new info on. The 2 1999 POA's Metalfinders claim of metallurgical testing on the car ( I know that so far as I can see this is not part of the case) Documents trying to prove the 225K & 400k checks. Or the settlement agreement in paragraph 17 ?
Sean, you have very detailed questions. Let me know if this answers them. Nothing new. Inspection of actual Swtaers docs reveals they have no blue ink originals of any 1999 POA's or LOA's. * A metallurgical test is part of this case, and the site and scope of it will be argued in an upcoming motion. * Nothing new, Swaters has produced no account statements of any sort. * Nothing new from Swaters. Joe *
My corporate counsel was just here...he says there is a rule about billing more than twelve hours a day....... I think we were settling on a eight year old case.......
We are still in discovery phase. Kristi Kleve-Lawson and myself hired new smaller lawfirms while Swaters is on his third lawyer at the same firm. Depositions have recently begun. At a recent hearing the Judge did not like that I tried to buy out Kristi and he ordered that ownership percentages be reset back to what existed at the time of his Status Quo Order. I did make it to Atlanta to see first hand the extensive files of the 1989 criminal case, spoke with the 1989 prosecuting attorney, took pics of some exhibits. The most interesting development is the discovery of many audio casette tapes in the Kleve estate. The FBI reports had mentioned that Kleve recorded every lead he could in the 1989-1990 early years, but we just found out that he also recorded in 1999-2000. I have had the hours and hours of tapes transcribed, and it is really eye-opening. Kleve, a Manhattan project scientist/engineer, apparently did not know who to trust and it turns out he recorded Mark Daniels throughout 1999, he recorded one his own attorneys who advised him on contracts, he recorded the FBI Special Agent in June of 2000. Kleve had gone back to the FBI after Kleve had heard rumors that somebody had sold his car. Kleve also had many tapes of yet another person who will remain nameless at this time. I did not know that Kleve used an attorney in 1999 during the settlement contracts, so I tracked this attorney down. This attorney thought all of his old files had long ago been shredded, but I convinced him to take a look just in case. Together we went to his old building, down into a dark basement, and we started looking through boxes and boxes. Low and behold, in one box we found his "Kleve-Ferrari" file. It was quite a moment for me as I had no idea that any attorney for 1999, much less any attorney files for 1999, ever existed. Sure enough, Kleve had given a copy of his last offer to his attorney - that being for $3,000,000 payable to Kleve. Kleve even had this attorney fax this very contract to the FBI in June of 2000 and there was the time stamped fax receipt showing that it was done. I gotta go now, but when I return I will tell you what we discovered with the 2000 FBI tape about Mark Daniels and Phillipe Lancksweert. Ocean Joe *
So it became now a real Ferrarigate with all this tapes existing! Seems to me that Kleve and "Tricky Dick" hasd somethin`in common.... Ciao! Walter
Did I miss something about Ocean Joe wanting to buy out Kristi Kleve? (or maybe Kristi wanted to sell her part as this was becoming a long, drawn out affair.) Why would the Judge care if you two made a deal between yourselves? Seems risky as if you buy her part out but lose the case, then you would be out some serious $$$. I find the new information fascinating. Do you think the judge will allow any of the tapes? (the original plaintiff speaking from the grave.......) Congrats on finding the 1999 attorney and the original contract showing $3MM settlement. Man, when this first broke, I thought Swaters had a pretty tight case with cancelled checks and a copy of the matching contract. But this has taken more turns than a soap opera. The final outcome story rights should be worth something as this would be a great book/movie. Good luck with everything and keep us posted. Charlie
Following this story and others alike I have no more illusions about valuable cars and people related to them. At least regarding most of the cases. Always had this naive and idealistic picture of men and machines...
We motioned again, as part of a discovery motion, to get the car here for inspection. I thought we had the winning argument, which in Ohio, is to do what is reasonable, and the question became is it more reasonable for me to ship parts, experts, and lab equipment to Italy, or just ship the car here, inspect, test, testify. Of course, the reasonable thing is to move the car here. So far, the Judge is against it, our motion has not been heard, so for now the car stays in Italy. It makes no sense to me.
Is the Ferrari factory showing any neutrality and/or cooperation in the issue? I take from prior posts that they still have physical possession. Jeff
Yesterday I posted about all the audio casette tapes found in the Kleve estate, as well as the discovery of Kleve's 1999 attorney. What I did not mention is that we also got Lancksweert's 1999 New York attorney files too. Those files have months and months of back and forth documents between the NY attorney and Mark Daniels. One of those documents shows that Mark Daniels alerted them before closing that the "Power of Attorney" being relied upon may not apply to the settlement transaction, and that it was possible for Kleve to rescind the transaction that Daniels was signing. What? Hold on! At any arms length, bona fides closing, who in the world closes if the agent is telling you that his authority is in serious question, it may not apply, and it can be rescinded? Rather than contact Kleve for an updated Power of Attorney and signature, saying something like "whoa, did you give Daniels authority to close and be paid or not?", Lancksweert chose to give the money to Daniels to see what happens. They already could see that Kleve's signature was dated July 16, and here they are on September 2 trying to close, and Daniels tells them the Power of Attorney they are relying upon may not apply! Think about it. Daniels is telling them about a major glitch, and they, with the assistance of their New York lawfirm, give Daniels the checks anyway. In my view, this puts them, not Daniels, in a whole different light. A subsequent recording with the FBI indicates that Daniels told the FBI that Daniels tried to get Kleve to sign off and accept the money but that Kleve refused. In my opinion, it looks like Lancksweert made Daniels his agent, where Daniels was to hold the money and to keep trying to get 87 year-old Kleve to accept and sign off. In the event 87 year-old Kleve died, then maybe it would all just be forgotten. Well, it was not forgotten. In 2000, when Kleve heard rumors of an alleged settlement, Kleve 1) contacted the FBI; 2) Kleve contacted his attorney who faxed the FBI; and 3) later Kleve even made an affidavit that he had not sold nor disposed of his Ferrari. Thus when Kleve died, the Ferrari was properly still in his estate, and the Probate Court passed it to Kleve's three daughters. Joe *
