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Trip and Tracy Clark
Ryan,
I know you have been trying to get a hold of me I just simply have not had the time to sit down and go through this once again...but here is the final tally on trip and Clark.
As far as travel is concerned receipts were to be forwarded as indicated below and to my knowledge that still has not happened. The budget request was for 14k so you are 2,542.15 over budget with what should have been a shorter trip. Russian trip leg still has not been justified. Mike was purportedly out there for three days on Arrow's dime and zero has been communicated back to Arrow from that trip...nothing. No payment will be made on that until it is. As stated over and over again if it is all related to 3D that's fine it just won't be Arrow's tab. This has been discussed prior to the trip execution, during the trip execution, and after trip execution at nausea. I am happy that 3D is making a killing out there as Mike indicates below...but in order for Arrow to shell out 10 k for a trip that they have received no report of who was talked to, points of contact, information provided, nothing over three days...I don't know what you want me to do with that.
The budget requested 3 nights in Dubai and 2 in Moscow. Mike showed up late due to plane issue so math has this 2 and 2. You have 5 (hotel nights 3 in Russia) and 7 (meals)...doesn't add up. As far as Tracy is concerned he went off Arrow payroll on 25 November. That was an additional two weeks beyond the initial discussion so there was an entire month he was paid to do whatever he isn't supposed to be doing. He (Clark) has acknowledged the below so I have nothing more to speak on that issue. As far as DLA is concerned I called them and his removal is a non-issue so that concern is dead as well.
Arrow is putting timeout on KYC stuff.
Right now the plan is to settle the books and see what comes out of DLA regarding the submitted solicitations.
If there is something else you want to discuss let me know but there is nothing more I want to discuss on this set of issues as there is nothing more to add but receipts and information from 3D as has been communicated since this trip ended.
Zak once you receive the receipts please let me know.
Hope you had a good holiday weekend.
R/
ESM
-----Original Message-----
From: Michael Dodd [mailto:mike.dodd@3dglobalsolutions.net]
Sent: Friday, November 12, 2010 5:26 PM
To: Eric S. Montalvo
Cc: 'Haytham Faraj'
Subject: RE: Tracy Clark
Arrow does not pick up Tracey every day. They often leave him at his BOQ with no way to get to the office for days. he will call and ask for a ride and no one will show up. He has subsequently hired a local driver from the camp to take him to the office. He has completed every task H or other Arrow employee has asked him to do. His job description, a very comprehensive one, is attached. Tracey could be utilized in any capacity to assist Arrows fuel business based on that job description. What else is it you want to see in there, window washer?
I do not appreciate your insinuations on Tracey scamming or how much 3D is backing him on this. I will leave it at that you are simply wrong. H specifically asked that we be in touch with other possible primes so Arrow could be a sub to them. We have done that. That is the only dialogue that has occurred. Aside from that 3DGS does have other business in Afghanistan, which is non-competitive and irrelevant to Arrow. But yes, we do talk to and work with several companies working in Afghanistan.
The trip was necessary in order for Arrow to get to the point they are now with Lukoil. I will have a detailed itemized list of receipts sent next week. If Arrow wants to finalize with Lukoil becoming a trade desk and buyer, reimbursement for the trip will be required. Eric - ask around, all around. How hard it is to get set up as a trade desk with Lukoil. They are very selective about who they allow on the team. I have levered significant contacts and relationships to put Arrow and 3DGS in a phenomenal position to transact in Afghanistan.
For KYC - if you want it on a generic word doc, that is easy enough. regardless of the letterhead the info is required by majors and banks. We use those forms on our letterhead all the time. We provide that info all the time. In fact, think back to the Fed Fund debacles, I sent you those docs way back them to use. They are industry standard and required. We were trying to simplify the process. And nothing has accrued to benefit Arrow from the trip because you won't allow it. Without a complete KYC deck, nothing can move forward.
I am as frustrated as you Eric. You may feel like you are being lied to, though it is absurd. 3DGS has no gain without an Arrow award or successful commercial contracts. All our money is backend. Arrow should be the biggest Afghan fuels supplier, if they would endeavor to make it happen vs. drown in unresponsiveness to simple admin requests and paranoia.
3DGS has a market cap of $600 million, so we must be doing something right. I have also attached our most recent pre award inspection for another contract with a contract value of $700 million, as an example. We know what we are doing Eric. You are a litigator, and supposedly a good one. Lord knows you love to argue.
-----Original Message-----
From: Eric S. Montalvo [mailto:eric@puckettfaraj.com]
Sent: Friday, November 12, 2010 4:19 PM
To: Michael Dodd
Cc: 'Haytham Faraj'
Subject: RE: Tracy Clark
I can certainly send you a certified letter of what has already been communicated to you if that is needed but certified letter has nothing to do with a cause determination. The cause is that Clark was not showing up to work and found to be working on his own company while being paid by Arrow and finally not in country at all after these issues of concern were addressed. There is some indication that 3D or Clark has negotiated dealings with other Afghan companies during this period of time. I can certainly lay this out in a formal letter but this set up clearly raises conflict concerns and other issues. Hashimy asked you to try and figure this out with Tracy and instead it deteriorated further. You have not provided the requested job description...nothing. Tracy is not hiding his scamming well and it is not clear how much 3D is backing him on this. We asked for a simple update from the contracting office to see the way ahead- Nothing. Mike...Hashimy has bent over backwards to allow for a mutually accommodating situation and the issues are gaffed off with no follow-up action. I don't know what another phoncon is going to resolve when the issue is clear- an employee getting paid 20 thousand dollars a month is doing absolutely nothing and any work being done appears to be being done for competitors and this is being facilitated by 3D to include the employee rolling to another country.
As far as payment I saw your e-mail to Zak requesting follow-up and I have requested follow-up as well. I also received a phone message from Ryan indicating that he engaged Zak as well. Note below documentation has still not been provided.
The trip was pre-approved because you indicated that it was a necessary trip and outlined a number of reasons for its urgency. None of which has borne out. It isn't about the amount of money it is about the integrity of what happened and this trip was simply unnecessary for Arrow. If we can meet with Lukoil in New York or Dubai then why didn't we do that at that time when Hashimy could have had that meeting? To date a straight answer has not been provided with regard to the Russian trip. Asked for receipts - nothing. The pre-approval was a trip estimate. You provided no documentation, no list of contacts, nothing. You were there for four days? If 3D is an "employee" of Arrow then how is it that they are not providing the information obtained through Arrows funding. I have repeatedly asked you for information and it always meets with some superficial explanation and no result. Legal stuff aside I just really don't trust what has been put forth by 3D on this issue and this bothers me greatly as I put my name behind yours, brought you in because of trust on the heels of the fed fund fiasco. 3D has adversely affected my professional relationship because of what has been going on. I am not going to lay out another e-mail pointing out all of the story changes on this thing but suffice it to say I believe nothing has accrued to Arrow's benefit regarding the trip.
As far as KYC stuff once again...after doing my homework...I do not trust what is going on here either. I have requested the information from Arrow and when I get I will discuss with H the way ahead. I don't understand after peeling back the onion that the documents were not the same, point of contact not to be provided, information needs to be on 3D letterhead. This is not difficult it has been hesitancy in moving forward because I don't trust what is being communicated by 3D. Until I obtained what I believe to be the correct KYC package I was unwilling to blast Arrow for the information until I was able to verify...and I didn't go looking for it until I discovered that something wasn't right with what had been sent. It is not my job to do 3D's job but I keep getting sucked into double checking because the truth or accuracy doesn't appear to be forthcoming. You also indicated that you signed off on documents sent to Lukoil on behalf of Arrow...still have seen nothing.
I am glad Haytham is on this e-mail because he is the main reason I have tried to handle this in a way that doesn't involve me losing my mind on this because I feel like I am being lied to at the rapid rate. I am retained by Arrow and will do what Arrow tells me to do with regard to its relationship 3D. But I personally feel like I have been put out there and professionally embarrassed because I have been backing you up which has impeached my credibility. You don't know me that well but my professional reputation is very important to me and I don't appreciate it. That aside I am not being asked for my opinion on this relationship but I will tell you that I don't envision one going forward unless the simple things are taken care of.
I have requested H get on the phone but my vantage I really don't see what needs to be discussed. When 3D produces the information requested then Arrow can do what it needs to do.
I am done bitching...but in sum please square away the info requested and you can get paid. I am sure you are pissed right now but believe me so am I.
Eric S. Montalvo
Attorney at Law
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
eric@puckettfaraj.com
(703) 706-9566 Phone
(540) 840-7717 Cell
(202) 318-7652 Fax
DC × CA × MI × VA
www.PuckettFaraj.com
Practice is limited to matters and proceedings before special courts - federal courts - agencies. Confidentiality / Privilege Notice: This transmission, including attachments, is intended solely for the use of the designated recipient(s). This transmission may contain information that is confidential and/or privileged or otherwise protected from disclosure. The use or disclosure of the information contained in this transmission for any purpose other than that intended by its transmittal is strictly prohibited. If you are not an intended recipient of this transmission, please immediately destroy all copies received and notify the sender.
-----Original Message-----
From: Michael Dodd [mailto:mike.dodd@3dglobalsolutions.net]
Sent: Friday, November 12, 2010 2:56 PM
To: Eric S. Montalvo
Cc: 'Haytham Faraj'
Subject: RE: Tracy Clark
Eric,
1.2 of Master agreement should be reviewed as it pertains to discussion of auditing invoices. That is, what is period of performance for 3DGS.
Article 9 Notices - for review and discussion
also would like to review in Fuels Dir Addendum Contract;
Period of performance - term is 6 months unless termination for cause (we have received no cure notices for Tracey's performance)
Expenses - all travel to date has been pre-approved, as called for in agreement, though we have not been reimbursed in full yet. And from previous emails from you, understand there is concern over justification for some travel expenses. Arrow would be able to act as a trade desk and buyer from Lukoil if we could complete the KYC requests. This is what was accomplished at the most recent Russia meeting. Arrow would be the only Afghan company structured as a trader with a Major. an enormous advantage. Arrow should be trading and transacting today.
Eric - I am really simply looking for a discussion on these items and to reach consensus. My preference is for Arrow to win a DLA award and to transact with Lukoil. That is where 3DGS opportunity is.
I am out of the country all next week so I would appreciate it if we could review soonest.
Best,
Mike
This electronic message transmission contains information from 3D Global Solutions which may be confidential or privileged and is otherwise protected by law under the Electronic Communications Privacy Act [18 United States Code ÂÂ 2510-2711]. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by calling the sender at 866-238-6761 immediately, and delete or destroy all copies of this transmission. Alternatively, you may contact us by electronic mail at MIS@3Dglobalsolutions.net
-----Original Message-----
From: Eric S. Montalvo [mailto:eric@puckettfaraj.com]
Sent: Friday, November 12, 2010 12:20 PM
To: Michael Dodd
Cc: 'Haytham Faraj'
Subject: RE: Tracy Clark
It will be later as I am in the middle of filings...not tracking on "certified letter" requirement...just looked at addendum and don't see that...if I missed something I will adjust
Eric S. Montalvo
Attorney at Law
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
eric@puckettfaraj.com
(703) 706-9566 Phone
(540) 840-7717 Cell
(202) 318-7652 Fax
DC × CA × MI × VA
www.PuckettFaraj.com
Practice is limited to matters and proceedings before special courts - federal courts - agencies. Confidentiality / Privilege Notice: This transmission, including attachments, is intended solely for the use of the designated recipient(s). This transmission may contain information that is confidential and/or privileged or otherwise protected from disclosure. The use or disclosure of the information contained in this transmission for any purpose other than that intended by its transmittal is strictly prohibited. If you are not an intended recipient of this transmission, please immediately destroy all copies received and notify the sender.
-----Original Message-----
From: Michael Dodd [mailto:mike.dodd@3dglobalsolutions.net]
Sent: Friday, November 12, 2010 12:12 PM
To: Eric S. Montalvo
Cc: 'Haytham Faraj'
Subject: RE: Tracy Clark
We really should chat live today. Eric - if Tracey is to be reassigned please send us the certified letter called for in the agreement giving us the 2 weeks notice. Otherwise he is still on payroll. And of course we need to address if Tracey is removed what that does / or does not do to the proposals pending award. H told Tracey he wanted to meet with him today.
We additionally are still waiting for KYC information. H said he wanted to get set up with Lukoil as a trade desk and buyer. In order to do that we need the KYC information. I do not understand why this is so difficult, and would very much like to chat and just see what is going on. We have been asking for these for over a month, and they take all of 20 minutes to complete so would appreciate if we can discuss.
This electronic message transmission contains information from 3D Global Solutions which may be confidential or privileged and is otherwise protected by law under the Electronic Communications Privacy Act [18 United States Code ÂÂ 2510-2711]. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by calling the sender at 866-238-6761 immediately, and delete or destroy all copies of this transmission. Alternatively, you may contact us by electronic mail at MIS@3Dglobalsolutions.net
-----Original Message-----
From: Eric S. Montalvo [mailto:eric@puckettfaraj.com]
Sent: Friday, November 12, 2010 10:48 AM
To: Michael Dodd; mustreport@gmail.com
Cc: 'Haytham Faraj'
Subject: RE: Tracy Clark
I am waiting for H to let me know time
Eric S. Montalvo
Attorney at Law
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
eric@puckettfaraj.com
(703) 706-9566 Phone
(540) 840-7717 Cell
(202) 318-7652 Fax
DC × CA × MI × VA
www.PuckettFaraj.com
Practice is limited to matters and proceedings before special courts - federal courts - agencies. Confidentiality / Privilege Notice: This transmission, including attachments, is intended solely for the use of the designated recipient(s). This transmission may contain information that is confidential and/or privileged or otherwise protected from disclosure. The use or disclosure of the information contained in this transmission for any purpose other than that intended by its transmittal is strictly prohibited. If you are not an intended recipient of this transmission, please immediately destroy all copies received and notify the sender.
-----Original Message-----
From: Michael Dodd [mailto:mike.dodd@3dglobalsolutions.net]
Sent: Thursday, November 11, 2010 12:27 PM
To: Eric S. Montalvo; mustreport@gmail.com
Cc: 'Haytham Faraj'
Subject: RE: Tracy Clark
Hi All,
have we set a time yet? Please advise.
Mike Dodd
One Source. Global Solutions.
CEO
1185 Ave of the Americas, Suite 1750
New York, New York 10036
Mike.Dodd@3dglobalsolutions.net
www.3dglobalsolutions.net
Toll free (866) 238-6761 ext 111
Direct Dial 212-205-6171
Fax 866-238-6761
International Cell 001-212-729-6959
This electronic message transmission contains information from 3D Global Solutions which may be confidential or privileged and is otherwise protected by law under the Electronic Communications Privacy Act [18 United States Code ÂÂ 2510-2711]. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by calling the sender at 866-238-6761 immediately, and delete or destroy all copies of this transmission. Alternatively, you may contact us by electronic mail at MIS@3Dglobalsolutions.net
-----Original Message-----
From: Eric S. Montalvo [mailto:eric@puckettfaraj.com]
Sent: Wednesday, November 10, 2010 3:33 PM
To: Michael Dodd; mustreport@gmail.com
Cc: 'Haytham Faraj'
Subject: RE: Tracy Clark
Mr. H...please let me know if you are available to discuss in the morning or when you are.
Eric S. Montalvo
Attorney at Law
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
eric@puckettfaraj.com
(703) 706-9566 Phone
(540) 840-7717 Cell
(202) 318-7652 Fax
DC × CA × MI × VA
www.PuckettFaraj.com
Practice is limited to matters and proceedings before special courts - federal courts - agencies. Confidentiality / Privilege Notice: This transmission, including attachments, is intended solely for the use of the designated recipient(s). This transmission may contain information that is confidential and/or privileged or otherwise protected from disclosure. The use or disclosure of the information contained in this transmission for any purpose other than that intended by its transmittal is strictly prohibited. If you are not an intended recipient of this transmission, please immediately destroy all copies received and notify the sender.
-----Original Message-----
From: Michael Dodd [mailto:mike.dodd@3dglobalsolutions.net]
Sent: Wednesday, November 10, 2010 3:12 PM
To: Eric S. Montalvo; mustreport@gmail.com
Cc: Haytham Faraj
Subject: FW: Tracy Clark
Eric,
please advise when we can discuss. We should finalize on Thursday Nov 11 so we are all on the same page.
Mike Dodd
One Source. Global Solutions.
CEO
1185 Ave of the Americas, Suite 1750
New York, New York 10036
Mike.Dodd@3dglobalsolutions.net
www.3dglobalsolutions.net
Toll free (866) 238-6761 ext 111
Direct Dial 212-205-6171
Fax 866-238-6761
International Cell 001-212-729-6959
This electronic message transmission contains information from 3D Global Solutions which may be confidential or privileged and is otherwise protected by law under the Electronic Communications Privacy Act [18 United States Code ÂÂ 2510-2711]. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by calling the sender at 866-238-6761 immediately, and delete or destroy all copies of this transmission. Alternatively, you may contact us by electronic mail at MIS@3Dglobalsolutions.net
-----Original Message-----
From: Michael Dodd
Sent: Tuesday, November 09, 2010 2:43 PM
To: 'Eric S. Montalvo'; 'Mohammad Fahim'
Cc: Frank Libutti
Subject: RE: Tracy Clark
Eric,
Can you please advise a good time to discuss? Want to reach consensus and keep all proposals alive and well.
I am good on Wed after 11am.
Mike Dodd
One Source. Global Solutions.
CEO
1185 Ave of the Americas, Suite 1750
New York, New York 10036
Mike.Dodd@3dglobalsolutions.net
www.3dglobalsolutions.net
Toll free (866) 238-6761 ext 111
Direct Dial 212-205-6171
Fax 866-238-6761
International Cell 001-212-729-6959
This electronic message transmission contains information from 3D Global Solutions which may be confidential or privileged and is otherwise protected by law under the Electronic Communications Privacy Act [18 United States Code ÂÂ 2510-2711]. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by calling the sender at 866-238-6761 immediately, and delete or destroy all copies of this transmission. Alternatively, you may contact us by electronic mail at MIS@3Dglobalsolutions.net
-----Original Message-----
From: Eric S. Montalvo [mailto:eric@puckettfaraj.com]
Sent: Tuesday, November 09, 2010 12:31 PM
To: Michael Dodd; 'Mohammad Fahim'
Cc: Frank Libutti
Subject: Tracy Clark
Mike,
Tracy, based on what I have been told by Arrow employees isn't even in Afghanistan. Request his immediate reassignment. If 3D determines that they are not going to make him available for any contract award then we need to be advised of that. If notice needs to be provided to DLA because 3D has determined it will either not make him available for the contract or terminate his services that communication must be vetted by Mr. H and myself prior to communicating it to DLA and all parties will need to be cc'd. At this point given that I have the point of contact I will most likely forward the communication myself with alcon cc'd.
R/
Eric S. Montalvo
Attorney at Law
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
eric@puckettfaraj.com
(703) 706-9566 Phone
(540) 840-7717 Cell
(202) 318-7652 Fax
DC × CA × MI × VA
www.PuckettFaraj.com
Practice is limited to matters and proceedings before special courts - federal courts - agencies. Confidentiality / Privilege Notice: This transmission, including attachments, is intended solely for the use of the designated recipient(s). This transmission may contain information that is confidential and/or privileged or otherwise protected from disclosure. The use or disclosure of the information contained in this transmission for any purpose other than that intended by its transmittal is strictly prohibited. If you are not an intended recipient of this transmission, please immediately destroy all copies received and notify the sender.
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