Not a good sign! Short night apparently. I have felt this coming on for a few days. My brain has now achieved warp speed...... and I hate it. Now if I could just slam on the brakes for my body and my brain continue on ..... I might have a brief interlude of relief!
The next couple of week are going to be tough I am afraid. Lots of stress and lots of tension. For the next couple of weeks I will be packing files and cleaning out offices as we start the beginning of the end for the family business. The family business was started as a sideline but with rapid growth and increased demand, it went up like a rocket! Emphasis on growing the company started in 1994. In 1995 we bid some contracts and won the bidding process and things were put into motion. Gross sales went from 500K in 1995 to in excess of 16M in 2000. From one location to seven, employees numbered between three and four hundred, business was conducted from Mexico to Canada. Projections had called for 20M in 2000 but about mid-year was when the deal with the devil (or devils) was made.
The end really started about four years ago as we entered into a contract with an international company, purchased about four million dollars worth of equipment (most of it from the international company) and sixty days after taking delivery of said equipment and the signing of the contract they canceled production of their product we were supposed to handle. So, sixty days later, four million dollars in debt and no production to generate funds for servicing debt. We weren't the only ones to get suckered in this deal. A manufacturing company in Mexico went to the mat because of this same deal. My brother and I flew to Canada to meet with officials and we were assured that things would be made right. A replacement contract for other items would be forthcoming (wrong). This company continued to ask us to move existing stock into storage and in order to avoid breaching our contract we complied. Once the existing stock was stored the company was presented with a bill which went past due. When our office personnel started calling to collect this past due (which was in the seventy-thousand dollar range) they were told that apparently the two businesses were headed to litigation over the contract and that we could sue them for both their contract breach and for their outstanding indebtedness. Contrary to what we had been told by their interim President (that our company would be made "whole" and that any and all expenses we incurred gearing up to do business and in doing business with them would be reimbursed), the worm turned. Hindsight is twenty twenty but probably at this point our family enterprise should have been put into chapter eleven reorganization. I guess being based in a small rural West Texas town, anchored in Christian beliefs, and having been raised to look for the best in others, we were gullible in believing their repeated promises. As the noose started to tighten we finally felt there was no option except to secure legal representation. Our attorneys elected to file a fraud in inducement law suit. Experts were brought in to analyze long term effect on the our company, as many assets were being voluntarily surrendered to creditors. We were bailing water with a colander! Operations were changed, alliances were made just to keep the doors open. Our attorneys repeatedly said you have to stay in business. In retrospect, it is unbelievable what you will do to try to survive. I think I have a pretty good idea of the trauma a terminal cancer patient has as they battle the disease and beat it back on one front to have it circumvent the system and attack on another front, over and over again. I think I can also understand the peace that comes when the battle is finally over. The thing is you battle "against all odds". I am not trying to minimize human life, but this is the best analogy I can come up with at this point. This "cancer" ravaged us and ultimately unless the good LORD sends a miracle in the next couple of weeks, we will be consumed. This past December our worst nightmare became a reality. While defense attorneys were trying to convince their client to settle the suit rather than taking the risk of the case going to the jury, their domestic officers agreed but when it went to the main office in Germany the top company officials refused to settle (I guess they haven't gotten over getting their cans kicked in the big war, sorry, if I don't laugh I might cry). Defense attorneys told our attorneys to write the jury charge, the judge had local counsel working on punitive damages and everyone was positive a judgment and damages would be forth coming the following day. Not so. After about two and a half hours of deliberation, the jury returned a no on the first question of the jury charge and the rest of the jury charge was moot at that point. The judge was stunned as he read the verdict before asking the foreman to read it to the court. The court room was stunned, the defense attorney's were the most surprised people in there, they had as many as eighteen attorneys in the court and were already working on an appeal should "too" large a judgment be awarded. No one knew whether to laugh, cry or shout! In the weeks that followed a lot of revelations were made, a lot of fingers pointed. I don't know if some of what transpired is legal but I think there is no question about if it was ethical. Reports of jurors smoking "pot" on breaks (we had one girl who told our investigator she had first hand knowledge of this but it turned out she was on probation and had missed an appointment and she wasn't willing to go to jail to help save us!). Allegations of improper contact and relationships between jurors and the defense team floated around as did allegations of a possible money for verdict exchange. I probably wouldn't put too much stock in the rumors but one of the defense attorneys recruited all the jurors to retain him for representation and that they would not talk to investigators without him present. This particular attorney also muddied the water with a big year end news story in the local paper about him winning the largest and longest trial of his career and saving his client forty million dollars! I think this was evidence of how scared they were of us and the possibility that the judge would grant a mistrial and give a new trial date. Funny thing about the local attorney is that he only served as the "water boy" for the city slicker snake oil selling attorneys from various locales, however it is possibly the longest length of time this one particular attorney has ever stayed out of drug and alcohol rehab. Every cloud has a silver lining! Don't ask me if justice was served because it wasn't. Don't ask me if the system works because it is flawed. I don't think I will ever be able to sit on a jury panel and not be influenced by this gross miscarriage of justice. I have serious doubts about the possibility of a person being able to be both a Christian and a litigator. How do you take a case where you know your client is guilty, they have admitted it, and yet you defend them? Latest development is that this international company is now sueing us for legal fees! Their mantra appears to be while you got 'em down, kick 'em! Footnote! The balance owed by the company to us remains outstanding with corresponding interest and late fees continuing to multiply.
I'm going to need lots of help the next couple of weeks! I have just turned the justice part of this over to GOD. I know that HE will see to it. I am not asking HIM for revenge. I am asking HIM to remove me from the cancer. I believe GOD puts us in certain situations to learn from them. I sure hope I learned from this situation because I would hate to think GOD would need to teach me this lesson again! My folks didn't need all this. They are in their seventies, things were pretty smooth but they have jeopardized almost everything for the family business. I don't worry about myself or the other siblings. We aren't spring chickens but I think we can survive eventually, but it is tough to start over at seventy. They have the most to lose and that is sad. Remarkably they keep a pretty good outlook. My Mom and I had a good laugh the other day. We have healed enough from December to talk about the trial some. I admitted to her that I never prayed for a fraud verdict and a large settlement, I never could get comfortable with a pray for profit program (or a profit from prayer program). I just asked GOD for his will to be done. She admitted the same to me. Go figure! I told her wouldn't it be funny if GOD said O.K., if it doesn't matter ........ If that's the case FATHER, I want a do over!
O.K. FATHER, we need some help here. Maybe I am not healing as well as I thought. I need to say so much just to be able to turn the page. FATHER, help me through this chapter of the business and my life. Be with all the participants, both voluntary and involuntary. Remove the poisons from our hearts and heal them. FATHER I continue to ask for deliverance as I know you are a mighty and powerful GOD. I am fighting with depression FATHER, lift me up, inspire me, fill me with YOUR Spirit and YOUR goodness. FATHER I ask YOU to not let me dwell on the disappointments and frustrations but look ahead to what YOU have in store for my next challenge! FATHER, expand us, keep us from evil and help us do good! FATHER I could really use some company right now, please send more angels, surround me! FATHER, bless KRl in her job search, put her in the situation you have selected for her to have success in her search. FATHER I continue to ask your blessings upon the efforts of the farmers in Roscoe, St. Lawrence, Coyonosa, and Farwell. Bless them with gentle rains and bountiful harvests. FATHER I continue to lift up Aimee Harris to you. Reports are looking favorable and I thank you, but I pray that you will continue to work to heal her and restore her. If all goes well she may get out of pediatric ICU today and be back on the floor. Thank you for this. FATHER please continue to be with her and her family. Bless them and keep them. FATHER bless my day.