From what I have read on the case it has already turned into a 'he said' vs 'he/she said' type of case even though there is a loan agreement and repayment terms and schedule that seem simple and quite easy to understand. GF was seeking very basic books and records and FD had been blowing this off with no consequences for a long time now IMO.
FD seems to be doing what he usually does IMO which is simply 'retrading the deal' that he originally made with JD father/GF. Its FD being FD, its simply what he does when things don't go his way IMO. JD owns 50% of 4JX so I believe she was party to the original civil litigation but I believe the last motion filed by GF removed JD name from the suit as clearly JD is missing and not available to participate in the litigation.
But, on your question of why not show up to the deposition that is a bit more complex and I wished we had more atty's on the thread to help out here.
But, IMO the same way we saw FD take the 5th in the family court case it is unlikely that his atty's/No Case Norm want him deposed in this civil action in particular due to the nature of the questions that are involved with the civil action with the Farber family (relating to the books and records of FORE Group/FD income/expenses etc.). By doing this deposition he was going to be in the position of having to go on the record on these issues before the court under oath. Oops...not good for FD! So, the timing of this civil deposition is quite bad for FD. Alternatively the deposition is PERFECTLY TIMED for the States Atty and GF IMO as they have been looking for this information for their own purposes. See the conflict here?
THIS WAS THE SECOND TIME HE HAD NOT SHOWN UP FOR THIS DEPOSITION regarding financial matters. GF has been asking for books and records and financial information from FD now for close to a year I believe in this case with zero success. FD has employed the SAME TECHNIQUE he used in Family Court which is delay, ignore and frankly not comply with the laws of the State of CT IMO. He knows he can get away with it because no judge has had the courage to impose penalties or toss him in jail.
Keep in mind that FD has spent 2 years in Family Court and filed many many motions to AVOID what the missed deposition in the civil case was essentially asking him to do, disclose his personal financial information.
There could be any number of other reasons why FD and his attys would not show up for the deposition and my analysis was very simple and there are probably more complex reasons why his atty's don't want him on the record about anything at this time given the criminal action.
Also keep in mind that last week we read that on the present criminal case (tampering/hindering) that LE and the States Atty has brought in forensic accounting experts (hopefully from the FBI IMO but we dont' have this level of detail) to examine FD/FORE Group books and records. So, IMO FD couldn't risk going on the records about financial matters in the civil case with GF as he is being investigated on the exact same questions on the criminal case. So, as it relates to financial discloure in the life of FD and FORE Group the proverbial **** has hit the fan!
I know I've been a broken record on the entire topic of financial disclosure in this case (sorry, not sorry!) but at a certain point you would think that judges might realize what is going on with FD other legal cases and say, "HOUSTON or ATHENS, we have a PROBLEM!". The situation whereby the CT Courts accept the level of non compliance from an individual involved in complex litigation who consistently doesn't follow the rules and impose zero consequences is something that I hope someone in Hartford is looking at in greater detail. Consequences are called for IMO and I don't know why we haven't seen ANY! Shoutout to Judge Heller and Family Court on this same issue!
IMO FD via FORE Group was most likely aggressively hiding assets/cash from JD as part of the divorce case. It doesnt' seem to be a stretch to believe this at all as I believe FD said FORE had income of $51,000 in 2018. The Family Court document list doesn't detail whether FD/FORE has even filed taxes in CT or with the US Govt for 2016/17/18? WHAT IS GOING ON? JD asked the same questions in Family Court but it appears nothing happened except she continued to pay for everything so far as I can tell looking at the documents.
What has me scratching my head about the entire issue of financial disclosure is that it appears FD has paid for next to nothing in terms of the maintenance of his 5 children for the duration of the 2 years of the divorce action. So, connecting the dots on this decision of his, I'm having a really hard time understanding how given that he has effectively been a 'deadbeat dad' now for 2 years and had JD support the children with her income etc., how is it possible that he can make any argument that is credible to the court that he should have custody?
What is he going to do if he got custody, move with the 5 children into the Courtyard Marriott in Avon as 4JX is in foreclosure so he will be evicted from there soon too. Oh wait. He cannot afford the Courtyard on his income that he detailed to family court! So, where is poor FD to go with 5 children to house, care for, school and keep healthy with medical insurance? FD can't have custody because he doesn't have the demonstrated financial means to take care of 5 children! Oops!
What would have happened if JD didn't have the income to support, house and school her 5 children? Most likely she wouldn't have been able to leave as she would have had no way to support herself (sadly this happens to many women in similar circumstances). If JD had no money but was in fear for her life and with no money would she have still left with 5 children and ended up in domestic violence family shelter somewhere in CT because she had no means of support?
Sounds a bit far fetched but for many women fleeing abuse its one of the options available if family isn't around to provide shelter and support. IMO, FD decision to withhold support is just a continuation of the cycle of violence that he has inflicted on his family as what can be worse then potentially being out on the street with no means of support and 5 children? Yes, FD did this IMO and he was not punished by the court for doing this to his family. FD essentially withheld financial support and left JD to fend for herself financially IMO based on the court records in Family Court.
The unwillingness of FD/FORE to provide financial information is also baffling as FORE is a small business and from and accounting/tax perspective quite simple. The fact that so much effort has been put in by FD to not comply on providing the financial information has me very curious now as to the very basic question of WHY? How was not disclosing financial information tied into his winning at all costs and punishing JD for taking the children at all costs? No simple answer to this but my best guess IMO only, is revenge pure and simple and inflicting the maximum amount of financial pain on JD and by extension his 5 children. I keep going back to the recent headlines where FD himself said "I'm No Monster"! Hmmm. This campaign to not comply with court orders and support your family seems like it falls into the monstrous category to me but we all have to make our own choices on this point!
Trying to answer the question of WHY not disclose financial information is purely speculative at this point unfortunately. But I truly wonder if there is a hidden partner/s in FORE that FD doesn't want to be made public, perhaps he doesn't want the public to see that the margins on his houses are large because the quality is poor, perhaps he hasn't been paying his subs to do work and he would have angry tradespeople camped out at 4JX looking for payments, perhaps he borrowed money from the wrong people and has been stalling repayment there too, or because there is nothing to see in the books and records of FD/FORE because the entire enterprise is a sham? Is FORE Group real or is it just a sham/pyramid scam and the money long ago sucked away and hidden to never be found again? We don't know because FD won't say and he won't say even when a court demands that he say! Big issue here IMO!
Who knows? IDK. But I sincerely hope that the forensic accounting experts now on this case figure this out not only for the missing victim JD but for the 5 children who previously depended on their father for financial support and which he chose not to provide on a very basic level. If it turns out that FORE was used as a criminal enterprise then I hope the States Atty uncovers and forwards this matter to the Federal Courts for review and prosecution.
JD IMO deserved better than she got in Family Court so I hope these financial matters are settled in the civil action and the criminal case!
MOO!!!!!!!!!!!!!!!!!!!!!
