PaulR
Verified Software and Computer Tech
- Joined
- Feb 28, 2010
- Messages
- 3,082
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This is exaclty my point. In order to purchase Empire in the first place, BS had to borrow money from his mother. It's highly suspect that he didn't use money from the sale of Empire to fund APOTEX. I'd love a week to go over his finacial statments between the sale of Empire and the purchase of APOTEX.
One of the main reasons that the Winter kids lost in court was that BS " did not own or use any of the assets, goodwill, property of business of the Empire companies" to fund APOTEX.
IMO no way and no how did he not use the proceeds of that sale.
I'm not sure how legally that matters.
OK, let's think about it this way: someone passes away and leaves two beneficiaries to a house. The house is sold and the proceeds are split in half.
One of the beneficiaries uses the money to start their own successful business. The other does not and turns to drugs. Does the drug-using relative have the right to go after the person who used the money to start a business? Does the drug-using relative have the right to sue the person who bought the house if it rises in price?
I'd say no, they received their cut when the house was sold.
In this case, the children should have received their part of the inheritance when Royal Trust received a check from the buyer of the business; remember revenues of Empire had declined by 20% while Royal Trust was running it. Likely because Royal Trust is a bank and they probably didn't know how to run a pharmaceutical company. That would have been $350K split among the kids, or about $2.5M today. I certainly did not get this kind of head start in life, maybe it is for the best.
That BS bought Empire really doesn't enter into it. Royal Trust may have done the best they could, trust companies are fine for certain things but it was the right call for them to sell the business instead of continue to watch revenues decline.