Professional Documents
Culture Documents
Transaction ID 59773442
Case No. 9542-VCMR
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
Plaintiff,
v.
ADVANCED BATTERY
TECHNOLOGIES, INC.,
Defendant.
respectfully files this Status Report pursuant to this Courts July 23, 2015, Order
appointing Mr. Seiden as Receiver. The Receiver apologizes for the late arrival of
this report. Due to relative lack of cooperation by ABATs chairman, the Receiver
did not want to burden the court with non-substantive reporting, however the
Receiver is now prepared to report to the court that a settlement of this matter has
been reached. The Receiver and his designees have uncovered unequivocal
evidence that ABAT is insolvent, cannot pay its bills as they come due, has
overwhelming debt owed within The Peoples Republic of China (China), and is
being chased by several banks in China and the Chinese government. None of the
ABAT factories are operating and two are essentially abandoned. Additionally, Mr.
Zhiguo Fu, the former Chairman of ABAT (Chairman Fu), is in dire health. He
recently suffered a heart attack that resulted in an extended stay at the hospital and
open heart surgery. Despite this, we have worked closely with Chairman Fu to
BACKGROUND
On July 23, 2015, Mr. Seiden was appointed to serve as the limited purpose
receiver of ABAT pursuant to 8 Del. C. 322. Mr. Seiden was appointed after
after failing to respond to Plaintiffs petition to appoint a receiver over ABAT for
failure to comply with Plaintiffs discovery. This Court appointed Mr. Seiden as
receiver to enforce the prior discovery orders and its award of attorneys fees and
cost. Mr. Seiden accepted this Courts appointment by letter on July 24, 2015, to
This Courts Order on July 23, 2015, appointing Mr. Seiden as receiver (the
Receiver Order) granted Mr. Seiden the authority to exercise control of ABATs
books and records, property, and assets, wherever they may be located. Since his
appointment, the Receiver has hired legal and financial professionals and begun to
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take certain actions in the United States and abroad to fulfill his charge to locate,
secure, and recover ABATs property, assets, and books and records.
The Receiver, with the assistance of his professionals and staff, has managed
to make substantial progress in the past several months towards settlement of the
matter and is now able to report that a settlement has been reached between the
Receiver and Chairman Fu. The terms of this settlement are contained in a term
sheet that has been fully executed. The settlement involves a substantial cash
paperwork will be provided to this court in the coming weeks as the papers are
finalized and executed by all parties to this action. The Receiver is working with
counsel to structure a distribution plan for the proceeds of the settlement to arrive
receiver related fees and expenses are deducted as per this courts order) to the
plaintiffs.
Over the past year, as previously reported, the Receiver procured control of
the ABAT BVI subsidiary Cashtech, as well as the Hong Kong subsidiary Harbin
ZQ. The Receiver has worked with the law firm Baker Hostetler LLP (Baker)
and the accounting firm KLC Kennic Lui & Co, and the China office of Zolfo
Cooper, as well as other professionals in China and the British Virgin Islands
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(BVI), as well as with the law firm of Vanacour Perkins and Bayard, P.A. in the
United States. Significantly, the Receiver sent a letter dated September 5, 2015, to
the Chairman Fu in Shuangcheng City, China. The letter introduced the Receiver,
attached the Court Order and requested the books and records of ABAT, as well as
a meeting to discuss the receivership and the terms of the Order. The Receiver
week of this letter being delivered, Chairman Fu responded directly to the Receiver
by telephone and email. The Receiver and his agents, and Chairman Fu and his
China, and in the United States, and visited the facilities in Wuxi, Donnguan, and
Harbin. The Receiver has worked with Confidential Security & Investigations
(CSI) to identify the assets of ABAT in the United States, Hong Kong, the BVI,
and in China, as well as to assist with the lions share of the administrative,
investigative and financial support needed on this matter. The Receivers counsel
has issued several subpoenas to many banks and other relevant third parties that
ABAT has used or is presently using. In fact, the Receiver was able to freeze and
seize the proceeds of an ABAT bank account at HSBC. The Receivers litigation
counsel in the United States, Vanacour Perkins, PLLC, has successfully issued a lis
pendens against the property in Queens, New York owned by ABAT and
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alter ego theory for his misappropriation of corporate funds for personal gain.
These factors have assisted the Receiver in the negotiations. The Receivers China
consultant and negotiator Tim Clissold, and his associate met with Chairman Fu on
multiple occasions (including in the hospital) and spoke with him by phone many
correspondences via email and standard mail, the Receiver has managed, organized
and strategized with all of his professionals on the actions summarized herein. The
Receiver, among other things, has met with the ABAT CFO, traveled to China to
meet with Chairman Fu and with local professionals assisting the Receiver.
countries to assist him in his charge to enforce this Courts orders. The challenges
of enforcing a United States judgment and court order in China are complex, time
consuming and nearly insurmountable. The Receiver and his team have worked
hard to get to the settlement and appreciate this Courts patience and confidence in
the work done here. In the United States, the Receiver retained several law firms to
assist, including Vanacour Perkins PLLC, Baker & Hostetler LLP, and the
Delaware law firm of Bayard, P.A. In the BVI, the Receiver hired Zolfo Cooper
Limited (Zolfo), to assist him with corporate matters related to ABATs BVI
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subsidiaries and issues related to offshore and onshore settlement. In Hong Kong,
the Receiver hired KLC Kennic Lui & Co. (KLC), a well-regarded small
Chinese and Hong Kong accounting and consultancy firm, to assist him with
issues related to settlement. In China, the Receiver hired Tim Clissold, a UK and
China based financial consultant and seasoned negotiator, as well as the Shanghai
vital information coming into the Receivers office, locates and analyzes assets and
asset leads, provides background investigations required for the actions that have
Receiver and will be respectfully submitted to the Court for approval under
separate cover.
should the Court wish to discuss any of the forgoing or any other matter related to
the receivership.
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Dated: November 1, 2016 BAYARD, P.A.