OWEN NELSON POWERBAR + MUSASHI GENERAL MANAGER DISMISSED FOR INITIATING CONSPIRACY

Posted on 16 July 2016

OWEN NELSON CONSPIRED TO CUT SUPPLY TO ("A-SASHI")

In late 2013 when Post Holdings (“Post”) were preparing to acquire, the PowerBar + Musashi brands and related worldwide assets (“PowerBar + Musashi”) from Nestlé in a $500 million cash and stock deal, Nestlé conspired with (“Post”) to approach Arnet Pharmaceutical (“Arnet”) a contract manufacturer of nutritional supplements, to engage in a conspiracy to cut supply to the James William Christian (“Christian”) business A-Sashi Vitamins (“A-Sashi”).

Owen Nelson Musashi + PowerBar
Owen Nelson, (dismissed) PowerBar + Musashi General Manager, initiated conspiracy.

(“Arnet”) co-manufactured for (“A-Sashi”) from December 2012 but refused to continue in November 2013 after Owen Nelson PowerBar + Musashi General Manager caused (“Arnet”) to receive a supply-contract from (“Post”) for cutting supply to ("A-Sashi"). Information detailing (“Arnet”) and (“A-Sashi”) was purposely provided to Owen Nelson by Aldo D’Agostino, Head of Sales Oceania at DHL Global.


OWEN NELSON INITIATED A CONSPIRACY TO CUT SUPPLY TO ("A-SASHI”) AND FOR ("POST") AND NESTLÉ TO COMMENCE LEGAL PROCEEDINGS AGAINST (“A-SASHI”) FOR A COLLATERAL PURPOSE OF WILLFUL AND MALICIOUS HARASSMENT

Owen Nelson initiated a conspiracy to cut supply to (“A-Sashi”) and for Nestlé Head IP Adviser Oceania, Donna Bessell, to cause Nestlé IP lawyers, Banki Haddock Fiora, to be instructed for a collateral purpose of willful and malicious harassment to file a Musashi trademark action to be brought against (“A-Sashi”) under the Trade Marks Act 1995 filed on 20 December 2013 commencing legal proceedings in the Federal Circuit Court of Australia proceedings – SYG3214/2013 Société des Produits Nestlé SA & Ors v James William Christian (“FCC proceedings”) a month prior to (“Post”) announcing on 3 February 2014 it agreed to acquire (“PowerBar + Musashi”) from Nestlé.


(“POST") DUMPED MUSASHI AT A LOSS EXCEEDING $40 MILLION TO CONCEAL CRIMINAL ACTIONS

In October 2014 (“Post”) acquired (“PowerBar + Musashi”) from Nestlé in a $500 million cash and stock deal, with Musashi valued at an estimated $45 million. (“Post”) dumped Musashi at a loss exceeding $40 million during the (“Federal Court proceedings”), in a sell-off to Vitaco Holdings (“Vitaco”) for $3.8 million on 1 July 2015 and misrepresented the sell-off for Securities and Exchange Commission (“SEC”) mandatory filings, in the attempt to conceal criminal actions and disconnect from Musashi liabilities revealing that:

(a) (“Post”) engaged in a conspiracy with Nestlé and (“Arnet”) to cut supply to (“A-Sashi”) and for a collateral purpose of willful and malicious harassment caused a Musashi trademark action to be brought against (“A-Sashi”) under the Trade Marks Act 1995 (Cth) filed on 20 December 2013 commencing the (“FCC proceedings”); and

(b) (“Post”) wilfully violated reporting and disclosure requirements under U.S. federal securities laws when purposefully concealing Musashi trademark litigation in the (“FCC proceedings”) and (“Federal Court proceedings”) from the reporting of the acquisition of (“PowerBar + Musashi”) for (“SEC”) mandatory filings, to conceal material facts in both proceedings exposing (“Post”) willful violations of U.S. antitrust laws.

The Musashi brand is the only sell-off in 11 acquisitions made by (“Post”) from 2012–2016 taking in Attune Foods, Michael Foods, Hearthside Food Solutions, Premier Nutrition, Golden Boy Foods, Dymatize Enterprises, Dakota Growers, PowerBar + Musashi, American Blanching Company, MOM Brands and Willamette Egg Farms.


OWEN NELSON CONSPIRED WITH ("POST") & NESTLÉ IP LAWYERS
BANKI HADDOCK FIORA TO WILFULLY HARASS (“CHRISTIAN”)

On 22 November 2013, Owen Nelson visited the residential address of (“Christian”), took photographs and attempted to enter the building, with Owen Nelson stating in an affidavit:

“On 22 November 2013 at the request of the solicitors, I visited 706/400 St Kilda Road Melbourne. It was an exclusive residential apartment called The Botanica, there was no name on any of the post boxes and I could not get inside the reception as it has security code access only.”

CONSPIRATORS MOVE TO CONCEAL MUSASHI LIABILITIES

Owen Nelson PowerBar + Musashi General Manager, after 25 years with Nestlé, was dismissed to conceal the conspiracy.

Pilar Vargas (“Arnet”) International Account Manager, after 13 years with (“Arnet”), was dismissed to conceal the conspiracy.

Aldo D’Agostino DHL Global Head of Sales Oceania, after 10 years with DHL, was dismissed to conceal the conspiracy.

Donna Bessell Nestlé Head IP Adviser Oceania, after 25 years with Nestlé, was dismissed to conceal the conspiracy.

(“Post”) and Nestlé IP lawyers, Banki Haddock Fiora, are no longer listed on IP Australia as the legal representative for (“Post”) and Nestlé trademarks.

 

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