http://www.findarticles.com/p/articles/mi_m0EIN/is_1997_May_6/ai_19378692

atthelake2372@sbcglobal.com

atthelake2372@sbcglobal.com

P.S. It appears that my anonymity is shown as “anonymous coward” in the hread, I assure you I am anything but—Ijust don’t have the time for this anymore…

atthelake2372@sbcglobal.net

“7. The biggest error was made by the then CFO at SunnComm who included in the later to be retracted SEC filing that I had entered into a “Consulting Agreement” with SunnComm. This was a mis-characterization of the relationship that in reality entailed my appointment to their Board of Advisors.”

So what is this then?

Sample Business Contracts

CONSULTING AGREEMENT

THIS AGREEMENT, made this 18TH day of August, 2000 by and between: SunnComm
Inc., 668 North 44th Street Suite 220 Phoenix, AZ 85008 (hereinafter referred
to as the “Client”) and Kenneth W. Fagan, 408 West Galer Street, Seattle, WA
98119 (herein after referred to as “Consultant”)

WITNESSETH THAT:

WHEREAS, CLIENT requires broad corporate consulting services and desires to
engage CONSULTANT to provide such services, as an independent contractor, and
CONSULTANT is agreeable to contract to provide such services and the parties
hereto desire a written document formalizing and defining their relationship
and evidencing the terms and conditions of their agreement,

NOW THEREFORE, intending to be legally bound under the laws of the State of
Arizona, and in consideration of the mutual promises and covenants contained
herein after, the parties have agreed as follows:

1.0 APPOINTMENT

CLIENT hereby appoints CONSULTANT as a business corporate consultant….

etc. etc. etc.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound,
have executed this Agreement.

FOR SUNNCOMM, INC. FOR: KENNETH W. FAGAN

By: /s/ Peter H. Jacobs By: /s/ Kenneth W. Fagan
————————– ——————————
Peter H. Jacobs, President Kenneth W. Fagan, Individually

http://contracts.onecle.com/sunncomm/fagan.consult.2000.08.18.shtml

Have a nice day

M. Riggs Jr.

Having worked for Microsoft for 20 years, I can assure you that no one at Microsoft would ever endorse such a letter. We at Microsoft do not endorse other companies in the manner of that e-mail, as we cannot in any way control what those companies do. To give you an example, your e-mail stated:

“Also, we are looking forward to your unique development of a “Secure Burn Plug-In” using your MediaMaker technology for the new player. This is a solution that we believe the marketplace will respond favorably to and will be truly the first of its kind.

Thank you for your efforts in furthering the Windows Media Platform, we here at Microsoft are excited about SunnComm´s recent breakthroughs and are looking forward to an excellent fall launch of each of our respective digital media solutions.”

That statement could be taken by investors in SunnComm as an endorsement of SunnComm and in particular an endorsement of the marketability and potential profitability of SunnComm’s products. This would expose Microsoft to litigation from SunnComm investors if the products were unsuccessful and they could prove that their purchasing decision was influenced by that statement. We would not expose ourselves to such risk.

Suffice to say that the Secure Burn Plug-In product never materialized and the market is unaware of any breakthroughs from SunnComm. I note the share price is currently sitting at under $0.003 and the company’s marketing division MediaMax Technology, which is the sole source of revenue to SunnComm, has not recorded any revenue for the past year.

I also note that given the clear acknowledgement in your reply to the article of your long relationship with SunnComm outside of Microsoft, both as an investor and advisor to the board, that you do not even express any concern that the e-mail was made public without disclosing that relationship. Clearly you lack even the most basic of business ethics. I also note that even though you changed your name prior to sending that e-mail, you still used your old name on the e-mail.

I have checked with our legal department and can confirm that they would under no circumstances allow such a letter to be sent to a partner for public consumption and no manager would clear such a letter without first checking with Legal.

You reply is just as fraudulent as your activities with SunnComm and I intend to raise the matter with personnel, as your actions cast a slur on the whole company.

This is Ken Cavallon, fka Ken Fagan (Kenneth W Fagan). If anyone has questions about my former relationship with SunnComm or Microsoft, please feel free to email me directly (KenCavallon@MSN.com). I have NEVER hid from any inquiry about who I was or what my relationship was with any of the parties I worked with or for in the past.

There are some points here that, when clarified will negate the vast majority of the tone of “Astrid’s” post. You be the judge of what’s accurate and what’s not. Remember, you are welcome to email me with inquiries any time you’d like KenCavallon@MSN.com.

Preamble:
I am no longer in any way related to SunnComm. Other than wishing Peter and his family a Happy Holiday season via email (to which he did not reply) I have not been in contact with anyone from SunnComm for the better part of two years. I no longer own any SunnComm or related company stock and I am responding here only in pursuit of the truth, because I believe the truth matters.

1. The email I sent to Peter Jacobs was cleared by the proper personnel at Microsoft. Everything in the email that I sent to Peter it is true. (Although I don’t remember there being a typo on my name when it was changed from Ken Fagan to Ken Cavallon) It was well known at Microsoft and within the industry that I had relationships with both. The relationship with SunnComm (in its previous form) predated my employment with Microsoft and was fully disclosed in my employment agreement with Microsoft.
2. The posts on Raging Bull that are reproduced here apparently have been doctored (apparently by HPOBET) as I can’t imagine why I would have put that question mark in the parenthesis – or else it was a simple typo – don’t read too much into it.
3. Any reasonable person (defined as those without an aggressive agenda) would recognize that I have never anywhere else ever tried to hide my identity (hence the Illuvetar profile showing my Microsoft email address) or my knowledge of Peter and his team.
4. Early in the Summer of 2000 Peter asked me if I could help him. I did what I could and always intended to do so with the highest integrity.
5. The requests of help to the message boards was part of an internal Microsoft initiative to help our developer community get answers out there. At the time it was general practice for employees in our group to do so so that all developers at large could get the benefit of the answers. I’m not sure it was a good way of going about it and don’t remember the initiative lasting very long… it was just easier to pick up the phone or send an internal email to get help which is what most (including myself) ended up doing.
6. As far as the “Buy Buy Buy” post goes… I was excited, as a personal investor I was amped about the company/technology and its potential and bought and sold much of it over the next few years. I no longer own any SunnComm or MediaMax or related company shares. Now that I have a little more maturity (I’ll be forty this February 2nd – feel free to send me a (nice) birthday present!) I guess that $30B was a stupid number. I was genuinely EXCITED!
7. The biggest error was made by the then CFO at SunnComm who included in the later to be retracted SEC filing that I had entered into a “Consulting Agreement” with SunnComm. This was a mis-characterization of the relationship that in reality entailed my appointment to their Board of Advisors.
8. I have spent WAY too much time on this, but in the interest of the truth, I felt I must invest (it happens about once a year!) in setting wrongs right.
9. Just email me… KenCavallon@MSN.com and I’ll be more than happy to talk with you about what transpired in my relationship with SunnComm
10. I wonder what “Astrid’s” motivation is in digging up this ancient history? Hasn’t this been hashed enough? Haven’t I already answered these basic assertions already? Astrid, I do not appreciate your slander in presenting my actions as fraudulent. Please recant.

There are some points here that, when clarified will negate the vast majority of the tone of “Astrid’s” post. You be the judge of what’s accurate and what’s not. Remember, you are welcome to email me with inquiries any time you’d like KenCavallon@MSN.com.

Preamble:
I am no longer in any way related to SunnComm. Other than wishing Peter and his family a Happy Holiday season via email (to which he did not reply) I have not been in contact with anyone from SunnComm for the better part of two years. I no longer own any SunnComm or related company stock and I am responding here only in pursuit of the truth, because I believe the truth matters.

1. The email I sent to Peter Jacobs was cleared by the proper personnel at Microsoft. Everything in the email that I sent to Peter it is true. (Although I don’t remember there being a typo on my name when it was changed from Ken Fagan to Ken Cavallon) It was well known at Microsoft and within the industry that I had relationships with both. The relationship with SunnComm (in its previous form) predated my employment with Microsoft and was fully disclosed in my employment agreement with Microsoft.
2. The posts on Raging Bull that are reproduced here apparently have been doctored (apparently by HPOBET) as I can’t imagine why I would have put that question mark in the parenthesis – or else it was a simple typo – don’t read too much into it.
3. Any reasonable person (defined as those without an aggressive agenda) would recognize that I have never anywhere else ever tried to hide my identity (hence the Illuvetar profile showing my Microsoft email address) or my knowledge of Peter and his team.
4. Early in the Summer of 2000 Peter asked me if I could help him. I did what I could and always intended to do so with the highest integrity.
5. The requests of help to the message boards was part of an internal Microsoft initiative to help our developer community get answers out there. At the time it was general practice for employees in our group to do so so that all developers at large could get the benefit of the answers. I’m not sure it was a good way of going about it and don’t remember the initiative lasting very long… it was just easier to pick up the phone or send an internal email to get help which is what most (including myself) ended up doing.
6. As far as the “Buy Buy Buy” post goes… I was excited, as a personal investor I was amped about the company/technology and its potential and bought and sold much of it over the next few years. I no longer own any SunnComm or MediaMax or related company shares. Now that I have a little more maturity (I’ll be forty this February 2nd – feel free to send me a (nice) birthday present!) I guess that $30B was a stupid number. I was genuinely EXCITED!
7. The biggest error was made by the then CFO at SunnComm who included in the later to be retracted SEC filing that I had entered into a “Consulting Agreement” with SunnComm. This was a mis-characterization of the relationship that in reality entailed my appointment to their Board of Advisors.
8. I have spent WAY too much time on this, but in the interest of the truth, I felt I must invest (it happens about once a year!) in setting wrongs right.
9. Just email me… KenCavallon@MSN.com and I’ll be more than happy to talk with you about what transpired in my relationship with SunnComm
10. I wonder what “Astrid’s” motivation is in digging up this ancient history? Hasn’t this been hashed enough? Haven’t I already answered these basic assertions already? Astrid, please recant your inference that anything I did was fraudulent. I do not derserve it.

Of the hundreds of thousands of people working for Microsoft, isn’t it a big coincidence that he of all people should have authored that email. A big coincidence – NOT. This is fraud, no two ways about it. SEC get off your butt and do something.

648187-85 DLLC INA OREGON 08-14-1998 08-01-2018 08-14-2002
Entity Name SUNRISE COMMUNICATIONS, L.L.C.

Type PPB PRINCIPAL PLACE OF BUSINESS
Addr 1 12120 SW 72ND AVE
CSZ PORTLAND OR 97223 8645

Type AGT REGISTERED AGENT
Start Date 08-14-1998
Name PETER H JACOBS
Addr 1 14705 SW SUNRISE
CSZ TIGARD OR 97224

Type MAL MAILING ADDRESS
Addr 1 121230 SW 72ND AVE
CSZ PORTLAND OR 97223 8645

Type MEM MEMBER
Name PETER H JACOBS
Addr 1 8701 N STARLIN LANE
CSZ PHOENIX AZ 85028

Type MEM MEMBER
Name KENNETH W FAGAN
Addr 1 1959 11TH AVE W
CSZ SEATTLE WA 98119 2801

10-11-2002 ADMINISTRATIVE DISSOLUTION 10-11-2002 SYS
08-16-2002 NOTICE LATE ANNUAL 08-16-2002 SYS
05-28-2002 APPLICATION FOR REINSTATEMENT AMENDED 05-28-2002 FI
05-26-2000 INVOL DISSOLUTION 10-07-1999 EX
10-15-1999 INVOL DISSOLUTION 10-07-1999 SYS
08-20-1999 NOTICE 08-23-1999 SYS
08-14-1998 NEW FILING 08-14-1998 FI

Give the SEC more funds and screw the SunnComms too.

Actually, I’m rather surprised that the SEC hasn’t JUMPED on this Fagan business, just to have an excuse to leave the “Honorable” Members of Congress alone and not cause any serious waves. I guess the problem, here, is a conflict of interest on the part of the Entertainment cartel. Should they sick the hounds on the men who write the laws they want, at the cost of bringing down the pillars and columns of the Greenback Temple on themselves?

Let’s face it, the Internet and everything implied by that far-reaching word, will be in good hands, because the honest people (that the dishonest cartels would like to label as criminals) will prevail. As mentioned in one of P2Pnet.net’s other articles this date, pertaining to Firefox, WE THE PEOPLE will rise up in all our righteous might and power and show these Robber Barons where to get off! To paraphrase F.D.R.: “We shall win the ultimate victory, so help us God!” (With apologies to all religions which have a different deity and to those individuals who have none at all).