Don’t trust Post Holdings’ first-timer CEO Robert Vitale – multiple judges and lawyers conspired to cover-up misconduct.
In February 2014 Post Holdings announced it had agreed to acquire the PowerBar + Musashi brands from Nestlé with the acquisition expected to close in Post’s Q3 2014 fiscal quarter ended 30 June 2014.
The closing of the PowerBar + Musashi deal was delayed with Robert Vitale, CEO of Post Holdings waiting for the Musashi litigation (Federal Circuit Court of Australia – SYG3214/2013 Société des Produits Nestlé SA & Ors v James William Christian) to finalise to avoid disclosure of the proceedings in SEC filings to conceal subject matter revealing Post’s involvement in cutting supply to A-Sashi Vitamins.
On 1 July 2014 Post announced a 6-month delay in closing the acquisition of PowerBar + Musashi and entered into an amended stock and asset purchase agreement with the closing expected to occur in Post’s Q1 2015 fiscal quarter ended 31 Dec 2014 to provide additional time for the litigation to finalise.
The delay was reported on 1 October 2014 by Lisa Brown, business editor of the St. Louis Post-Dispatch stating:
“When Post announced its plans to purchase the PowerBar + Musashi brands, the company said it planned to close on the deal in Post's third fiscal quarter. However, Post's fourth fiscal quarter ended Sept. 30. Calls to Post and Nestlé about the delay were not immediately returned.”
Robert Vitale’s plan to wait for the Musashi litigation to finalise failed when on 16 September 2014 James Christian, founder of A-Sashi Vitamins filed an appeal in the Federal Court (NSD940/2014 James William Christian v Société des Produits Nestlé SA & Ors) prior to the Federal Circuit Court proceedings finalising in Australia.
Post Holdings had an unconditional guaranteed buyer’s obligation under the 1 July 2014 amended stock and asset purchase agreement which stated:
“The stock and asset purchase agreement (for PowerBar + Musashi brands) may be terminated by mutual consent of the parties and under certain other circumstances, including if the closing of the acquisition has not occurred prior to 3 November 2014.”
The Post Holdings unconditional guaranteed buyer’s obligation became effected by the Federal Court appeal resulting in Robert Vitale conspiring to corrupt others and with 5 Wentworth Chambers senior counsel Stephen Burley joining in with judges to falsify the synchronised closure of litigation simultaneously in both the Federal Circuit Court and Federal Court proceedings (prior to 3 November 2014) so Post could close the PowerBar + Musashi acquisition with non-disclosure of the litigation in SEC filings, and with Robert Vitale able to cover up criminal conduct with no further delays.
Two judges joined the Robert Vitale conspiracy to facilitate Post Holdings closing of its acquisition of the PowerBar + Musashi brands and IP re-assignment of the Australian registered trademarks from Nestlé effective on 20 October 2014 for Robert Vitale to conceal the Musashi trademark litigation. Judge Nicholas Manousaridis (docket judge of the Federal Circuit Court proceedings) conspired with Justice David Yates (docket judge of the Federal Court proceedings) and the Sydney Registry to fraudulently have the Federal Circuit Court proceedings displayed as finalised on the Commonwealth Courts Portal from 17 October–28 October 2014 in sync with Justice David Yates stopping James Christian's appeal from commencing by guaranteeing a 42-day stoppage in the granting of the application for leave to appeal from 16 September–28 October 2014.
In the attempt to disconnect from liability Robert Vitale dumped the Musashi brand at a loss of $40 million.
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