Attached files
| file | filename |
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| 8-K - GISSER AUTOMOTIVE CONCEPTS INC | v178156_8k.htm |
| EX-5.3 - GISSER AUTOMOTIVE CONCEPTS INC | v178156_ex5-3.htm |
| EX-5.1 - GISSER AUTOMOTIVE CONCEPTS INC | v178156_ex5-1.htm |
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January 19,
2010
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Via Certified Mail,
R.R.R.
Mr.
Thomas G. Haff
Ms. Susan
Cariffe
496 Lt.
Brender Highway
Ferndale,
New York 12734
Re: Gisser
v. Haff
Dear Mr.
& Mrs. Haff-Cariffe:
This firm represents Daryl K. Gisser
and Gisser Automotive. You are in illegal possession of my clients’
property, set forth in Exhibit A annexed hereto and made a part hereof for
evidentiary purposes.
Mr.
Gisser has requested you to release his property on numerous occasions, but you
have refused. Your ongoing refusal to delivery his property is
without his permission and consent and is, therefore, illegal. Your
refusal to turn over my clients’ property subjects you to potential criminal
liability as well as civil liability for the substantial financial damage he has
sustained as a result of your unlawful actions. You well know the
property is central to my clients’ business and you will be held accountable to
the fullest extent permitted by law for the losses my clients have sustained and
which they continue to sustain by reason of your possession of their property
and refusal to turn it over. Liability extends to both of you since
you are both either personally in possession of the subject property or are
harboring same on property you own, lease, or control.
In addition to the foregoing, I
understand that Mr. Haff has stated that he will not release my clients’
valuable business property (used in Interstate Commerce) unless my clients pay
him $50,000. You should be advised that such a statement constitutes
extortion in violation of both New York and Federal laws. This
statement may additionally serve as a Predicate Act giving rise to civil and
criminal liability under the Racketeer Influenced and Corrupt Organizations Act
(commonly referred to as RICO). It is also a direct violation of the
Federal Hobbs Act.
January
19, 2010
Page
Two
I hereby demand that you immediately
collect all property in your possession, custody, or control owned by my
clients, wherever you are holding them (including, but not limited to, at 303
Harris Road, Ferndale, New York and at 496 Lt. Brender Highway in Ferndale, New
York) and make same available for pick up by my clients or their agents no later
than 5:00 p.m. on January 27, 2010. No items or objects shall prevent
my clients from receiving said property and he shall be granted full access to
accommodate the retrieval, by granting my clients or their agents full
permission to the locations where the property is located at an agreed upon time
and by providing keyed access if necessary. We have further
information that you or persons in your care have caused damage to certain of my
clients’ property, and we, accordingly, expect all of his property to be in the
condition it was at the time you received it.
Disregard for this legal notice and for
the return of my clients’ property as aforesaid will result in legal action
against you. We are prepared to take whatever steps are necessary to
seek full criminal and civil redress in the event you do not timely
comply. Please be guided accordingly.
Kindly provide immediate written
confirmation as to the time and place all of my clients’ property can be
retrieved.
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Very
truly yours,
J.
David MacCartney,
Jr.
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JDMjr:rm
Enclosure
cc: Daryl
K. Gisser