375+ # 0384

Would Lancksweert's New York attorney become liable too since they proceeded against evidence that the transaction was questionable?

Jeff

 

Who would have to pay to have the car shipped to Ohio? You, or the estate?

 

We are told the car is at the Ferrari headquarters.

I cannot say if they are cooperating yet as they have not been asked by the Court to do anything, yet there is evidence that they have done work on the car despite the Status Quo Order that says to do no work.

If we are unable to get the car here for inspection, we expect the Judge to order the inspection occur there, and of course Ferrari would have to agree, I think.

I offered to pay round trip transport as it saves me thousands to do so.

Joe

 

Hmm. Better start the search for Italian counsel. Probably a local boy would do best for you...if you can find one to take Ferrari on....

Amazing cast of characters here.........

 

My gut says the NY attorneys advised Lancksweert of the risks, and Lancksweert said pay Daniels anyway.

At that point the NY Attorneys complied with their client's wishes, drafted the doc disclosing that the Power of Attorney may not apply, that the deal could be rescinded, and that Daniels was personally liable, which Daniels then signed, becoming personally liable. The NY Attorneys would not be liable to Lancksweert since Lancksweert openly and knowingly assumed the risks by going forward.

Thus any beef is between Lancksweert and Daniels, and there was no settlement of any sort with Kleve.

FYI, I now have Karl Kleve's videotaped 1998 deposition. I may post it on you tube if you would like to meet Karl Kleve in person. It was my first "live" intro to the man I had come to know through all these docs.


Joe

 

What would inspecting the car prove?

Isn't this case about who currently owns the car?

 

Gentleman??? I know nothing of this story but if someone was a gentleman he would do the right thing and return the car to the legal owner or owner's heirs. The guy has a hot car and wanted the ability to show the car or run the car in the U.S. and/or dispose of the stigma the car has, enabling a clean/"honest" sale or transfer of title at some point in time.

 

That appears to be correct. "the guy" you refer to is also now deceased.
After obtaining and correctly restoring at significant cost a car that you feel you have purchased in good faith, I suspect you would not return it without compensation.

 

why was the car renumbered after the "sale"? for what purpose?
ed

 

Criminal Fraud IMO.

 

Straight to a verdict and pretty much a sumation of all the allegations.

Jeff

 

the renumbered chassis was a nonexistant ferrari. wouldn't swaters know this before he took possession?
ed

 

You are starting to catch on to Ocean Joe's line of thought. Actually the timeline for renumbering was post posession as an act of Swaters.

Jeff

 

IMO, you are correct, it was a deliberate and sophisticated attempt to launder a stolen car.

We now have dated evidence from Swaters own hand that in 1990, besides buying the car on March 15, 1990 as 0384AM, Swaters also had researched it and knew: 1) that the records show the car "was definitely 0384AM"; 2) that factory records show 0394 was the number for a 2-litre engine "motore tipo 212" for Vandervell, and had nothing to do with a 375 Plus; and 3) that any race records from 1954 were mistakes because the "8" digit was very lightly stamped.

These three points come direct from Swaters' correspondence in 1990 with Mr. X, a well-known American Ferrari enthusiast and publisher. Mr. X specifically asked Swaters to please keep his involvement and information "strictly confidential".

Mr. X is yet another man whom I will must keep nameless at this point in time.

IMO, the entire renumbering effort was a deliberate and sophisticated sham engaged in by Swaters only after Kleve refused to sell and demanded the car's return. We have the 1990 letter from New York attorneys who claim to represent "Ferrari" and who try to buy Kleve's title rights for 0384AM. Kleve refused. The car went underground, only to re-emerge fully restored under a counterfeit VIN.

One of the reasons I want to inspect and x-ray the car is to see if/how renumbered -0384AM to 0394AM to 0384AM.

*

 

is mr. x available to testify or shed any light on what had transpired?
ed

 

Trade out here..... Post the Kleve Video !!!!!


On May 31, 2010 I visited Ferrari Classiche with Allen Markelson, ex Ferrari driver. I took this and several other pictures. My Ferrari host told me that they stamped the number that is in this pic. When I brought up the 0394 AM number, My host rolled their eyes and said " That number never existed on a Ferrari ." After our visit, while lunching at Cavallino . . . I got a phone call. It was Ferrari . They asked that I destroy all the pics that I had just taken. Needless to say Allen and I hurried our lunch and left.
Image Unavailable, Please Login

 

WOW!!!!



PDG

 

Here is the link to the videotaped deposition of 85 year old Karl Kleve taped on October 28, 1998.

Swaters side questioned Mark Daniels' authority and asked that he provide proof.

The video's scope of authority was to recover and repossess Kleve's Ferrari. That scope of authority was later changed to allow Daniels to receive and present settlement offers, all subject to Kleve's approval per the June 18, 1999 Letter of Authority, posted in this thread at post #224.

In other words, Mark Daniels was authorized to be a gopher, running docs between Kleve and Lancksweert/Swaters, the principals.

Meet Karl Kleve: [ame]http://www.youtube.com/watch?v=hWvJGV_3NNU[/ame]


*

 

is that where the original stamping was? is that the orig motor?
ed

 

Way to go Karl. Too bad you passed too early. Now, my question is: Who is this prick that claims ownership?

 

Famous Belgian Owner/Importer Jacques Swaters and his family....very highly respected in the Ferrari World.....




PDG

 

Apparently, the value of this car is at least 10 milion USD. Swaters offered 3 million. Seems to be more than a little disparity here. Obviously, Swaters is well aware of the value of a car like this. From the you tube video, am I correct to believe Ferrari has collaborated with Swaters to act as a safe house for this hot car? Movie rights??? Book deals??? Casey Anthony, move over.
Why not just steal the car and move it to the U.S. or to a country that is cooperative with U.S. law. More-over, if Ferrari is now involved and holding the car, what liability do they share for housing stolen property? Ferrari, has a lot of assets in the U.S..

 

Very exciting thread. I knew Ferrari to be an exciting car but....
Ney, I say ney to your comment. Reason: The authorities in Belgium seem to have been aware of the car's stolen status. Swaters seems to have been aware (he restamped the car to falsify the VIN). You reap what you sow and oh the web Swaters has sewn.

BTW, Ferrari had to know.

 

I feel vindicated...see post 305

 

Thanks for sharing. Can you share any other images from the day?