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Fraud Involved with NorVergence Payroll? from Yahoo listserve: “Your email has been forwarded to the NJ Department of Labor and Workforce Development - Division of Wage and Hour Compliance for review and response. “We have just been advised that NorVergence has filed Chapter 7 on July 14, 2004. Since the company is declaring bankruptcy, it will be necessary for you to file with the Bankruptcy Court. Contact the United States Bankruptcy Court at 1-973-645-4764 to request a Proof of Claim form. The case number is 04-32079. Chief Judge Rosemary Gambardella has been assigned to this case. The last date to file a claim is November 29, 2004. “It is necessary for you to file the complaint with us and a Proof of Claim with the Bankruptcy Court in order to fully protect your rights. “Although the company is declaring bankruptcy, we will likely proceed against the owner as an individual. If you have not filed a wage claim form, please feel free to complete the attached forms. If you or your fellow workers have any information that would indicate there was any intent to defraud by the owner, please include this information when you return the complaint form. The completed form may be returned to the address indicated on the form. “I hope you will find this information helpful and if you need anything further, please contact Donald Povia at 609-984-3008.” Cathy Ossmann NJ Department of Labor and Workforce Development Division of Wage and Hour Compliance (609) 292-1704 www.nj.gov/labor --- “We have made legal contact with both Norvergence and our leasing company (Popular). Of course, I am not at liberty to post the specifics of our claim in this forum, but our attorney's contact information is as follows: “Ronald E. Quirk, Jr., Esq. Venable LLP 575 7th Street, NW Washington, DC 20004-1601 Tel: (202) 344-4677 Fax: (202) 344-8300” “Good luck to you all. If you have any NON-legal questions or concerns, shoot me an email and I will try to respond accordingly. In short, our cell phones are resolved. Since Norvergence is no more, we are not expecting anymore bills from them. So, that has resolved itself. We have already switched over our phone and internet service. Our lone remaining issue is the leasing company.” The issue regarding Terminal Marketing and Wells Fargo may be more similar to NorVergence than note, particularly in view of the issue of "holder in due recourse," according to attorney Dale Washington. “Read with interest about NorVergence, spoke to some of the Victims, and have a perspective which may help: Keep focused productively. With planned, conspired fraud the key wrongdoers are (always) over the next hill or at least the money is gone when it comes to light. It is tempting to commiserate over the details of the fraud, but do not build a case against a ghost. The productive activity is to prepare to defend and possibly sue the legit participants - equipment suppliers, service providers, or financial institutions that provided the forms, issued the leases and were participants - see if they are legally responsible under agency, joint venture, or negligence theories. “Victims should focus on who were the lessors, who were the sales people, what business cards they presented, what offices they worked out of - how did the "team" sucker so many people in, find members of the team who are not over the next hill. I saw big companies - Sun, Cisco, on the documents. “ How were they involved? Did they appoint NorVergence people as sales agents? “ Same with the banks. Locate information placing Norwest and the banks in privity so that the bank cannot be the "ignorant, good faith investor" they will purport to be when they come to collect on the lease.” Best regards, Dale Washington California |
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