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1993_0114.ws.special_packet
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1993_0114.ws.special_packet
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Continental is obligated on the bond, but I assume they defaulted <br />because of insolvency. You might want Ed to check on that but I <br />assume that American Continental has no financial means to pay <br />these bonds. <br />You also ask whether there i s ' any means of recovery from <br />those responsible for the purchase of the bonds. As you know, it <br />is not uncommon to sue a board of directors where the board takes <br />some improper or illegal action which results in prejudice to the <br />corporation ( here, association) . Certainly R the possibility <br />exists of maintaining a cause of action against the association <br />board of directors who made this investment. However, there is a <br />good questions as to whether, as a practical matter, such an <br />action should be brought, The hoard consists of lay people as <br />opposed to experienced business people typical of corporate <br />e <br />board, They are dealing with a very complex set of statutes as <br />to firefighters' relief associations, They frequently rely on <br />outside consultants and one would like to know whether these <br />consultants ( such as their attorney) had advised the board, as of <br />1986, ghat investments were lawful and which were not. If they <br />were not adviser, then that might be a factual defense in their <br />behalf, <br />One would also like to know, in considering the liability of <br />the hoard, to what extent the board invested in this riskier t yp e <br />of bonds. If the investment ratio was very minor in these <br />riskier bonds , then an argument might be made that the investment <br />in such limited amount was a prudent one, notwithstandin g the <br />statutory prohibition against investing in same* <br />Morale of the firefighters would be adversely affected by a <br />lawsuit. <br />All of these factors, I think, combine towards not bringing <br />action against the board of directors, Relentless pursuit of a <br />legal remedy is not always the best choice* <br />wLC /eZa <br />TLC <br />2 <br />
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