Clean Technology International Corporation Shareholders

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CTIC Concerned Shareholders

News Update July 21, 2010
Notice to Shareholders
Establishing Proof of Claim
 
Since my last shareholders informational notice to you, I have received numerous calls from many shareholders who had not received "any" information from the bankruptcy court as to how to proceed with their claims. That, along with inquires from those who had received the notice from the courts, but do not know how to fill out the forms, prompted me to send out this notice.
As I have said in previous correspondence, I am not trying to give you legal advice as to what you should do in this matter, however, if you do not reserve your rights in this bankruptcy proceeding, you may lose your rights to any future claims.
On 05-26-10, the bankruptcy court sent out to all known creditors a notice of "Order Establishing Bar Date for Filing Proofs of Claims." That bar Date for establishing your claim was July 26, 2010. At this time that date is still good.
If you have not filed and/or know of anyone that has not filed at this time, it is important that you file and notify them to file as well. Whether your name is on the shareholders list or not, does not bar you from filing a claim. I know that many of you have received your stock through Rex Robertson. Even though he has been encouraged to contact those of you who are holding stock in his name to ensure that you have filed a claim, he, to my most current information, has refused to do so.
The procedures for filing are fairly simple. If you did not receive a form B10, which is an official proof of claim form, you can go to the U.S. Bankruptcy website to find a copy to fill out.
Just go to Google, type in www.arb.uscourts.gov, and then click on the first entry which is: USBC-U.S. Bankruptcy Court for Eastern and Western division. Then click on the form block-- that should take you to a list of forms--scroll down to B 10, Proof of Claims--click on that, and you will find the form to fill out. Just fill out the form and then print it out. Or you can print it and fill it out by hand. Be sure and fill out the following:
·         Debtor is: William D. Lainhart and Irene M. Lainhart
·         Case Number: 10-11465
·         Name of Creditor: That should be your name
·         Name and address where notice is to be sent- that should be your address.
·         Amount of Claim: That should be the amount that you have are claiming.
·         Basis for claim: Briefly describe the type of debt.
·         Last four digits of any number by which creditor identifies debtor: Write in 5901 and 1305.
·         Documents: Attach whatever documents that you may have to verify that you are a creditor.
(If you cannot find your documentation at this time, I would suggest that you write a note to the court that you can supply them with additional information, if necessary, as soon as you locate it).
Then sign the document, and mail it.
What's most important at this time is for you, at the very least, to send something to the Bankruptcy court just to protect your claim. You only have a few days left.
 
 Danny Cross

 

 

CTIC News Release

May 28, 2010

CTIC Shareholders News Report
 
It has been some time since we have sent you any information about what is happening with CTIC. Although there has been a great deal of activity dealing with all of the legal matters, unfortunately, there are very few details that I can discuss with you at this time, as I cannot afford to jeopardize the ongoing legal actions of this case. However, in an effort to keep you as informed as possible, I will discuss with you those matters that would not be considered attorney/client privilege.
Many of you are aware of the bankruptcy filing that the Lainharts have initiated. This, as has been indicated in the past, is called a Chapter 11 Bankruptcy filing, which means that the Lainharts are requesting the Federal Bankruptcy Court to allow them the opportunity to file a "detailed reorganization plan" to deal with their affairs in a way that would enable them to repay all of their creditors through a court appointed Trustee. The court must be convinced that this reorganization plan would work. To date we have no evidence that they have ever filed that plan.
With the evidence presented, or I should say, lack of, our attorneys tell us that their Chapter 11 request is unlikely ever to be approved. However, if necessary, we should be able to initiate actions that would force them into Chapter 7, which is total disgorgement and liquidation of virtually all of the Lainharts real and personal property. Chapter 7 Bankruptcy is very specific as to what the filers are allowed to retain in their possession once it is filed. If this Chapter 7 action does in fact happen, then the assets that the Lainharts have in their possession would be seized by the US Bankruptcy court and ultimately sold to pay off all secured creditors. Once that is accomplished, then what is left would be returned proportionately to the unsecured creditors (which includes CITIC shareholders).
Although I am not trying to give you legal advice, as you should seek that from your attorney, I can strongly recommend that you send to the U.S. Bankruptcy Court your file of claim on or before the July 26. You should have received that notice and a claim form in the mail.
This is nothing more than insuring that you have a right to a claim on the left over funds that would be available after the secured creditors have been paid. Many of you have called me as to what you should file. Again, you should consult your own attorney in this matter, however, as for me, I'm filing what documentation that I have that indicates how much money I have given the Lainharts over the years. Even though I have found many of my documents, there are a few that I have been unable to locate, so I plan on filing for the total amount that I have paid anyway, and continue to search for the remaining documents.
I am not sending my stock certificates, as they are not sufficient to establish what I paid for the stock. As you may remember, Darrell was selling stock for a variety of prices, therefore it would be difficult to determine from the stock issued what you paid for them. There was also a large volume of "Incentive Stock" issued. Those have no cash value as they were given by Darrell Lainhart to individuals without Board of Director approval. Again, all of these actions depend on whether the Lainharts remain in bankruptcy. They can withdraw their bankruptcy action at some point if there is a reason for it.
That brings up the second issue. For the last six weeks there has been a tremendous amount of work done by all of the attorneys who are directly or indirectly involved in this case, as well as by me, and all of the other members of the Executive Committee. This includes many discussions and meetings with representatives of all of the various interests involved in the legal proceedings that have been initiated in this case. This action is what we now refer to as a "Global Settlement" effort. I cannot discuss any of the details at this time; however, if all legal issues in this case can be worked out satisfactorily, then this whole matter could come to a relatively quick conclusion.
This would mean that CTIC shareholders who legally own stock in this company would be able to conduct a legally called shareholders meeting and elect a new board of directors. It would further allow for a management team to be selected for the purpose of reorganizing and initiating operational actions, with the intent of moving CTIC forward as quickly as possible in a constructive manner.
There are some activities on the legal front that are presently occurring in U. S. Federal Court in Houston, Texas that I can share with you. After many months of legal avoidance by Darrell Lainhart, Tony Wagner, Mattie Lainhart, Julia Butler and all of the entities, i.e., CTIC, Diamond Capital Corporation and the Trusts that hold many of the assets we are seeking, I have finally been able to get a court date to take these people and entities to trial. The earliest date to get on the court docket is December 17, 2010.
Since Darrell Lainhart's and Tony Wagner's attorney withdrew from representing them in May of this year (because they had not paid approximately $75,000 in past legal fees) , I would presume that they will be defending themselves pro se (meaning that they will have to defend themselves without the aid of an attorney). That should be real interesting.
Darrell Lainhart was "deposed," meaning Darrell was questioned under oath and recorded, by the Arkansas Securities Commission on June 22. At this meeting, Darrell again had to represent himself, as all of his attorneys in Little Rock who were defending him against the security violations have also withdrawn. If nothing changes in Darrell's world, this means that Darrell is going to have to represent himself in court against the charges that the Securites Commission has levied against him. One could say that Darrell is in quite a predicament.
Last but not least, I would like to take this time to extend a well deserved thanks to all of the Executive Committee members for their continued support and efforts in this matter with CTIC: Jim Carroll of South West Heat Treat, Tom Strickland of Systematic Corporation, Dr. David Kemp, Dr. David Wardlaw, Bob Black of Gold Coast Refractory of California, and John Sawyer of Sawyer Industries of Cincinnati, Ohio. They have been instrumental in so many ways in moving these actions forward on behalf of CTIC, as well as on your behalf as the shareholders.
On behalf of the Executive Committee, I also want to express my heartfelt sorrow to Dr. David Wardlaw for the loss of his young son in an accident recently. David, we just want you to know that we are thinking of you and Fay.
Sincerely
Danny Cross
Chairman of the Concerned Shareholders Executive Committee
 

 

 

CTIC News Release

May 28, 2010

UPDATE ON LEGAL SITUATION
 
 
I have included in a section below the most current news article about the Lainharts, which appeared in the Arkansas Business newspaper about a week ago. As a follow on to the article, I would like to share some other information that I have accumulated.
 
There was a Order from the United States Bankruptcy Court, Eastern District of Arkansas, which stated the following: 
 
"As no party would be prejudiced by the entry of this order, the Debtors (the Lainharts) shall be and hereby are authorized to limit notice on most pleadings to: ... parties and counsel who have entered an appearance and requested notice (or do so in the future), twenty largest unsecured creditors, all secured creditors, the United States Trustee's office, and all ecf parties, except for notices providing the filing of claims, pleadings and notices regarding the Disclosure Statement and Plan of Reorganization ..." 
 
 It further states that: "Any party wishing to receive notice of ALL activity in this case, may request same by submitting a REQUEST FOR NOTICE with this court."
 
Since most CTIC shareholders will fall into the category of receiving limited notice about what is happening in the bankruptcy filing, I would suggest that you submit a REQUEST FOR NOTICE to the court as quickly as you can. This action will insure that you will continue to receive all notices dealing with this case, and aid you in protecting your own best interests.
 
All you have to do is send a letter with the heading stating: Request for Notice and clearly state your name and proper mailing address, how many shares of CTIC stock you have, and the case name and number, to wit:
 
CASE NAME:                WILLIAM D LAINHART AND IRENE M.LAINHART
CASE NUMBER:           4:10-BK-11465
 
Just state that you wish to receive notice of ALL activity in this case and that it is to be mailed to you at the above address.
 
Then send your letter to the following address:
 
UNITED STATES BANKRUPTCY COURT
300 WEST SECOND STREET
LITTLE ROCK, ARKANSAS  72201.
 
There is a second matter that I need to discuss with you as well.  We are moving aggressively in pursuing the legal actions that we initiated in the Federal Court in Houston, Texas. However, there are a large number of  "Unsecured Creditors" (all of you who hold CTIC shares are unsecured creditors). There also are other unsecured creditors who do not own CTIC stock, but who have invested large amounts of money in CTIC in the form of what are called "Unsecured Notes."  In order to determine how much money the Lainharts received over the past 17 years from the sale of stock and unsecured notes, it will become necessary sometime in the near future for everyone in both of the categories of unsecured creditors to be able to present evidence documenting their actual money transfers to either CTIC or Diamond Capital Corporation bank accounts. This documentation can consist of cancelled checks, bank drafts, receipts for money wires, or any other documentation showing how you paid for your stock. This will be necessary because, as is evidenced at this time, Darrell Lainhart kept very poor/limited records of all the financial transactions that he made in the selling of CTIC stock, either directly through CTIC, or through Diamond Capital Corporation.
 
So, the equitable procedure that will be necessary is to document all of the Lainharts' financial transactions from the various unsecured creditors over the past 17 years, the calculate a total of that amount. Any secured creditors will have to be paid first, i.e. property mortgage holders, etc. We will then have to determine what assets are left that the Lainhart's haven't liquidated/spent, and the value of those assets. Once we have that figure, along with the total amount the Lainharts received from illegal sales of stock and unsecured notes, we will be able to calculate how many cents on the dollar can be returned to the Unsecured Note Holders, since they do not own CTIC shares but are owed money. The rest of the money from the court-seized assets would then be returned to the CTIC capital account for future operations.
 
This is just a forewarning that you may want to dig out all of your old financial records and be prepared to submit them as evidence in a timely fashion.  Again, that will be only if they are needed, but I personally think it will be a likely requirement sometime in the future. This legal action is an ever changing situation and no one knows for sure just how this may work out. However, I feel very comfortable that the actions we are taking will allow us to prevail in the end. Time will certainly tell.
 
You also may be interested to know that, of the four law firms that were representing Darrell Lainhart last October in the actions against him in Circuit Court in Little Rock, three of the four have withdrawn their services. At this time, he has no legal representation in our actions in Houston, Texas, and neither he nor Mattie, at this time, have any legal representation in the Court actions that have been initiated against them by the Arkansas Securities Commission in Little Rock. Darrell has been rescheduled by the Arkansas Securities Commission for depositions on June 20, 2010.
 
 
Danny Cross
Chairman
Shareholders Executive Committee
 
  
NEWS ARTICLE FROM ARKANSAS BUSINESS NEWSPAPER:
 
Lainhart Lien
 
Here's the latest chapter in the financial straights of W. Darrell Lainhart, the Sherwood man who sold stock in a company called Clean Technology International Corp. only to have investors lose patience after almost a decade.
 
Now the IRS is getting in on the action. It filed a lien against Lainhart and his wife, Irene [Mattie], in late April, alleging that they owe $169,517 in back taxes.
 
Lainhart is already being sued by investors in Texas and by the Arkansas Securites Department.
 
He filed for Chapter 11 bankruptcy protection a few minutes before his March 4 ASD deposition was to begin. Lainhart's own attorney, James F. Dowden, described the petition as "skeletal," while the plaintiffs' complaint was a little more direct, calling the filing "half baked" and "a transparent attempt to avoid providing relevant testimony, to evade a court order, and to stall both the Texas civil suit and the Arkansas enforcement action."
 
Lainhart's bankruptcy filing did put a temporary halt to the other suits, but that changed April 27, when U.S. Bankruptcy Judge Audrey Evans lifted the stay.
 
Charles D. "Danny" Cross of Pensacola, Florida, one of the initital investors in CTIC, set up a website to keep other investors abreast of the situation. On May 7, Cross wrote on the site that the investors' recent court victories "should improve our position regarding the demands we have placed on the Lainharts for a Global Settlement."
 
But, he wrote, "Only time will tell."

 

 

UPDATE ON COURT PROCEEDINGS MAY 7, 2010
Review of Court Proceedings in Little Rock
 
Several weeks ago (April 27, 2010) a hearing was conducted in Federal Bankruptcy Court in Little Rock, Arkansas, dealing with the Personal Bankruptcy filing of Darrell and Mattie Lainhart. I stated that this hearing was coming up and the importance of shareholder attendance in my last correspondence to each of you on our mailing list. It was also posted on the Concerned CTIC Shareholders Website. This request was primarily for those people who lived in or near Little Rock Arkansas.
Fortunately for us, even though we had a very poor showing as far as shareholders attendance was concerned, we did manage to carry the day. I do want to thank those of you who did take the time to attend. The hearing began at 1:30 p.m. instead of the 9:00 a.m. that had been originally scheduled.
The attorneys who were present and participated in the hearing were:  Attorney Ted Holder, the Assistant Commissioner of the Arkansas Securities Commission, Attorney Jack Pruniski, the Arkansas Circuit Court appointed Receiver (Jack controls all of the assets that have been frozen by the court), two of our attorneys from Houston, Texas, Larry Veselka and Roj Duvvuri, as well as Attorney Kim Tucker, a bankruptcy attorney we have hired in Little Rock, Arkansas, to protect our interest in the bankruptcy proceeding.  Last, but not least, were Darrell and Mattie Lainhart, represented by their attorney, Jim Dowden.
The hearing lasted for approximately two hours. Ted Holder made an approximately ten minute opening statement on behalf of the Arkansas Securities Commission, followed by one of our attorneys, Larry Veselka, with an opening statement on our behalf of about twenty minutes. Then Darrell and Mattie's attorney, Jim Dowden, made an approximately five minute statement.
After the opening statements were made, the actual case presentation was initiated with Ted Holder making his argument on behalf of the state in about ten minutes. After that, our attorney, Larry Veselka, took up most of the rest of the time presenting our case, along with the case law to support his argument. He further cross examined two different witnesses who had testified earlier in the case.
Once the case was presented, Federal Judge Audrey Evens made an immediate ruling from the bench. What makes this different is that generally judges like to hear the evidence then take a few days/weeks to ultimately rule. However, in this case, it would appear that the arguments presented were so overwhelming that the judge did not find it necessary to delay the decision by further deliberation. Her ruling/pronouncement was very short and to the point (less than a two minute statement):
1.     The bankruptcy action that placed a "stay" on March 4, stopping the ongoing prosecution of the Lainharts for Securities Fraud and Illegal Sales of Securities, was lifted, and the Arkansas Securities Commission can now move forward vigorously in their enforcement action.
2.     The bankruptcy action that placed a "stay" on March 4, stopping the ongoing prosecution of the Lainharts in our legal action against them in Federal Court in Houston, Texas, was also lifted, which means that we can now continue our legal pursuits against the Lainharts for Securities Fraud and illegal sales of CTIC stocks, along with the seven other charges that we have filed.  
Last, there was a three hour Settlement Conference convened by Jack Purniski, the court appointed receiver, at the Arkansas Securities Department on the afternoon of April 26, (the day before the hearing) by and between all parties who are involved with this mess. After a great deal of discussion by all of the attorneys in attendance (8), it was concluded that enough progress had been made to possibly reconvene sometime after the court action that was to occur the following day.
Our having won the two court cases that followed the Settlement Conference should improve our position regarding the demands we have placed on the Lainharts for a Global Settlement. Only time will tell.
Sincerely,
Danny Cross  
Chairman, Concerned Shareholders Executive Committee
 

 

 

Lainhart Bankruptcy Hearing

April 23rd, 2010

News Update
Lainhart Bankruptcy Hearing Scheduled
Over the last few weeks, all the CTIC shareholders were sent notices of several hearings that were to be conducted on April 27, 2010, in the Federal Bankruptcy Court in Little Rock Arkansas.

The place of the hearing is:

U.S. Bankruptcy Court, 300 W. 2nd St, Room 320, Judge Audrey R. Evans presiding. The hearing starts at 1:30 p.m. and should last about 1 hour.

 
I suspect that most of you have had very little experience in federal bankruptcy proceedings, so I will try to give you a summary of what has happened so far.
As I stated in previous correspondence, the Lainharts have filed for personal bankruptcy. However, in that filing, Darrell and Mattie listed all of the CTIC shareholders as potential creditors, along with all of their credit card companies, personal venders, personal creditors from their past legal problems (as far back as the early 1990s),a number of banks, and other unsecured creditors.
Many of you have asked me how he can list us as possible creditors since they have filed personal bankruptcy, and CTIC is not part of that bankruptcy. The short answer is, because of our legal action in federal court against the Lainharts in Houston, there is a very good chance that we will be able to penetrate what is called in legal terms "The Corporate Veil," thus allowing us to sue for financial restitution from the Lainharts personally. When we achieve that goal, the Lainharts would be subject to judgment liens against any and all of the personal assets that they may own.
The bankruptcy process is sometimes used by various unethical people to avoid or delay proceedings that may have been levied against them. Because bankruptcy is a rather tedious and long drawn out process, it discourages the people who are creditors (or potential creditors) of the bankruptcy party (debtor being the Lainharts), from continuing whatever actions that might have been initiated against the debtor.
There are specific steps that one must take in proceeding with an action against the debtors who are in bankruptcy. The first action was for the Federal Bankruptcy Court in Little Rock Arkansas to notify all creditors and potential creditors (that's us) that the Lainharts had filed for personal bankruptcy. The second action was a notice of a creditors meeting that was conducted on the April 1, 2010. This meeting was attended by about 25 shareholders and 7 creditor attorneys. That meeting went extremely well, as it was the first time that we, as shareholders, were given an opportunity to question the Lainharts under oath in Federal Court. We (shareholders) had retained a bankruptcy attorney in Little Rock to represent us at that meeting. She questioned Darrell and Mattie for approximately 1 hour. Jack Pruniski, the attorney who was appointed by the Arkansas Circuit Court to be the Receiver for purposes of managing all of the Lainhart assets that had been frozen by the court, also had some questions for the Lainharts. Attorney Ted Holder, the assistant Commissioner of the Arkansas Securities Commission, also asked them questions.
The U.S. Bankruptcy Trustee then opened the meeting for individual creditors to ask questions. Three creditors, Bill Mathews, Rick Andrews and I were then allowed to ask the Lainharts questions. After Bill and Rick finished their questioning, I was allowed to question the Lainharts for over an hour. Because of the information that I had available, (from years of investigation) I was in a unique position of asking the Lainharts detailed questions about their finances, previous actions they had taken in regard to tranfering CTIC stock to themselves, what did they do with all of the money they had taken from us, how had they acquired all those personal assets that they now claim, particularly since (as Darrell admitted under questioning) he was financially destitute in 1993 when he first become involved with CTIC. Of equal importance was his trying to explain how he had acquired the 254 million shares of CTIC stock that he claimed for his family, having made no payment, while charging all other CTIC shareholders anywhere from $.33 to $5 per share during that time. He could not explain how he got the authorization from the Board of Directors, as the Articles of Incorporation and By-Laws require the approval of the Board of Directors to sell any CTIC shares to anyone.  Three of the five members of the board of directors, who served on the board for approximately eight years, have agreed to testify to the fact that at no time while they served on the board, did Darrell, as Chairman, or Mattie, as President, ever receive authorization to sell or transfer stock to themselves, or for that matter, to anyone. There was much more that was highlighted at that meeting, but I will not cover it at this time.
That now brings us to the up-coming meeting in Bankruptcy Court in Little Rock, on April 27th. This will be the first actual hearing before a Federal Judge. I'm sure all of you have received a notice of that meeting.
The purpose of this meeting is quite important for all of us. The reason I state that is  because the Lainharts bankruptcy filing has forced a "Stay." This is a legal term meaining a freezing or stopping of all actions of creditors and potential creditors against the debtors (the Lainharts) until otherwise determined by the federal court judge. This action has temporarily stopped the Arkansas Securities Commission's prosecution against the Lainharts in Arkansas, as well as the three court actions that we, as shareholders, have taken against the Lainharts in Federal Court in Houston.
The hearing on the 27th has been requested by the Arkansas Securities Commission, as well as, the shareholders of CTIC. Our requests are for the Federal Judge to lift the "stay" that has stopped our forward movement in respect to the prosecution of the Lainharts for Fraud and Illegal sale of CTIC stocks.
As I indicated earlier, this hearing could be a very important turning point in the legal, as well as strategic planning, in our effort to remove the Lainharts from the company management. Our legal actions call for the disgorgement and return to the company of all of the Lainharts/Diamond Capital CTIC owned stocks. This would also include the return to CTIC of all assets in Diamond Capital Corporation and the two Capital Heritage Trusts. The assets would be utilized to recapitalize CTIC's operations in an effort to put the company back on track to future success.
Therefore, I would like to encourage as many of you who can, to attend this hearing. The purpose of your attendance is to send a message to the Lainharts that these legal actions are not just from a small number of disgruntled shareholders, as they have implied in the past, but from many, many unhappy people who possibly have been swindled out of their money.
This could also impress on the court that there are many people who stand to be harmed by the Lainharts' actions. As this hearing will be in open court (not restricted), you should be able to bring anyone with you who might have an interest in what is happening.
If you have any questions, I can be reached at 850-438-5918. Hope to see you there.
Danny Cross
Chairman of the Concerned Shareholders Committee
 

 

 

Bankruptcy Hearing Set for the Lainharts' Creditors March 24, 2010
Update to Shareholders
Bankruptcy Hearing for Lainharts' Creditors
The Lainhart saga continues.  As indicated in the last correspondence to you, the Lainharts had filed for chapter 11 bankruptcy. This type of proceeding is a request by the Lainharts to submit to the court a plan describing how they can reorganize their finances in such a way as to pay back their creditors either part, or all, of their money.
 
The first filing by the Lainharts indicated that they had 20 major creditors, with approximately $3,750,000 in debts. Their total assets, according to their filing, were less than $50,000. Since the first filing the Lainharts have made changes, and will continue to update their filing, up to, and through the date of the Meeting of Creditors, which is scheduled for April 1, 2010. The time and place for this meeting is:  1:00 pm at the U.S. Trustee's Office, Bank of America Building, 200 W. Capital, 12th Floor, Room 1210, Little Rock, Arkansas.
Instead of my going through the detailed changes that Darrell and Mattie have made to their bankruptcy petition, I have included below an article printed in the Arkansas Business newspaper in Little Rock, on March 22, which explains the most recent actions taken by the Lainharts. The highlights of the changes are:  Instead of 20 creditors that they initially listed, they now indicate that they may have as many as 999 creditors; instead of $2,750,000 in debts, it has now been changed to reflect as much as $ 10,000,000 in total debts. Who knows what it will reflect by the time we get to the Creditors meeting?
Yesterday, most, if not all, of the shareholders were served with a notice of "Creditors' Meeting," which is an attempt to include them in the bankruptcy action. This is perceived as a move by the Lainharts which would prevent the shareholders from moving forward with any type of legal actions against them until the bankruptcy proceedings are concluded.
On April 1, Darrell and Mattie must subject themselves, "under oath in Federal Court," to being questioned by any of their creditors.  This is important because this will be the first opportunity, since we began legal proceedings against the Lainharts, to find out just how truthful they will be in answering questions "UNDER OATH."
I would think that although some of you may not have received a "Creditors Notice" of the meeting, you have the right to attend the meeting and ask questions, since it would appear you became a creditor when Mattie Lainhart signed the stock certificate(s) and took your money when you purchased your stock. The bankruptcy form states that "Whether or not your claim is scheduled (meaning that whether you are on the list of creditors that the Lainharts have submitted to the court) you are permitted to file a Proof of Claims."
I don't know if your attendance might help protect your rights as shareholders, but I don't see how it could hurt you. You may want to consult your attorney as to your legal rights. I would encourage you to attend, in case it does help protect your rights, and also this may be your opportunity to ask questions of the Lainharts while they are under oath in Federal Court, particularly about what they have done with your money.
Hope to see you there.
Danny Cross
 
 _____________________________________________________________________________
Lainhart Bankruptcy Postpones Securities Department Deposition 
By Arkansas Business Staff - 3/22/2010
W. Darrell Lainhart, the Sherwood man who strung along Investors In His Clean Technology International Corp.for more than a decade, has also managed to keep the legal system on hold.
Attorneys for the Arkansas Securities Department, whichSued Lainhart on behalf of investors in July, had such trouble getting him to schedule a deposition that they eventually had to get Pulaski County Circuit Judge Timothy Fox to order Lainhart to cooperate.
The deposition was finally scheduled for March 4. But about 45 minutes before the deposition was to start, Lainhart and his wife, Irene "Mattie Fay" Lainhart, filed for Chapter 11 bankruptcy reorganization. And while the bankruptcy filing probably doesn't require an automatic stay of regulatory proceedings against Lainhart, the deposition was postponed.
The Lainharts' initial bankruptcy petition indicated fewer than 50 creditors, assets of no more than $50,000 and liabilities of between $1 million and $10 million. But his lawyer, James F. Dowden, told Whispers that the first petition was "skeletal" because he had not received all the necessary information from the Lainharts by the time the petition was filed.
The first filing should not be considered complete, he said, nor should an amended petition filed last week that upped the number of creditors to between 200 and 999 and the assets to between $1 million and $10 million.
A reliable picture of the Lainharts' finances won't emerge until complete schedules are filed. And at their request, the court extended the deadline for those until April 1.
So why didn't Dowden wait for more complete information before filing the petition?
"The client dictates when the case gets filed," he said.

Presumably, then, Lainhart dictated that it be filed on the same day as his court-ordered deposition.
Unsecured Creditors
The Lainharts' petition does contain a list of the creditors holding the "20 largest unsecured claims."
The largest, $2 million, is Worldwide Trustee's Ltd. Inc. of San Juan, P.R. Next is Anesthesia Associates & Profit Sharing Fund of Little Rock, $1 million. Most of the others look like credit cards, for a 20-creditor total of $3.675 million.
right © 2010,Arkansas Business Limited Partnership. All Rights Reserved.
 

 

 

CT Shareholders News Update

February 6th, 2010

ArkansasBusiness.com

Lainhart Bankruptcy Postpones Securities Department Deposition 
By Arkansas Business Staff - 3/22/2010

W. Darrell Lainhart, the Sherwood man who strung along Investors In His Clean Technology International Corp. for more than a decade, has also managed to keep the legal system on hold.
Attorneys for the Arkansas Securities Department, which Sued Lainhart on behalf of investors in July, had such trouble getting him to schedule a deposition that they eventually had to get Pulaski County Circuit Judge Timothy Fox to order Lainhart to cooperate.
The deposition was finally scheduled for March 4. But about 45 minutes before the deposition was to start, Lainhart and his wife, Irene "Mattie Fay" Lainhart, filed for Chapter 11 bankruptcy reorganization. And while the bankruptcy filing probably doesn't require an automatic stay of regulatory proceedings against Lainhart, the deposition was postponed.
The Lainharts' initial bankruptcy petition indicated fewer than 50 creditors, assets of no more than $50,000 and liabilities of between $1 million and $10 million. But his lawyer, James F. Dowden, told Whispers that the first petition was "skeletal" because he had not received all the necessary information from the Lainharts by the time the petition was filed.
The first filing should not be considered complete, he said, nor should an amended petition filed last week that upped the number of creditors to between 200 and 999 and the assets to between $1 million and $10 million.
A reliable picture of the Lainharts' finances won't emerge until complete schedules are filed. And at their request, the court extended the deadline for those until April 1.
So why didn't Dowden wait for more complete information before filing the petition?
"The client dictates when the case gets filed," he said.

Presumably, then, Lainhart dictated that it be filed on the same day as his court-ordered deposition.
Unsecured Creditors
The Lainharts' petition does contain a list of the creditors holding the "20 largest unsecured claims."
The largest, $2 million, is Worldwide Trustee's Ltd. Inc. of San Juan, P.R. Next is Anesthesia Associates & Profit Sharing Fund of Little Rock, $1 million. Most of the others look like credit cards, for a 20-creditor total of $3.675 million.

Copyright © 2010,   Arkansas Business Limited Partnership.   All Rights Reserved.

 

 

CT Shareholders News Update

February 6th, 2010

Update On Legal Activity
FOR CONCERNED CTIC SHAREHOLDERS
 

Thanks to you all for your ongoing interest and support. There has been a considerable amount of work and activities in the legal processes regarding the past actions of Darrell and Mattie Lainhart and their accomplices. The Arkansas Securities Department is moving ahead with preparations to bring their case to trial. The trial date has not been scheduled at this time.

 

For your information, below are listed the specific charges/causes of action that have been initiated by the Arkansas Securities Department so far (there could be more charges as the discovery stage of this case unfolds):

Count I

Darrell Lainhart, Irene Lainhart, Rex Robertson and Jim Stead:

1.    Offering and/or Sales of Unregistered Securities.

Count II

Darrell Lainhart, Rex Robertson and Jim Stead:

1.    Securities Fraud: Material Misstatement and Material Omissions.

2.    Securities Fraud: Act, Practice or Course of Business Operating   as a Fraud or Deceit.

 
Count III

Jim Stead:

1.    Failure to Register as Agent of the Issuer

2.    Employment of Unregistered Agent of the Issuer

Count IV

Rex Robertson:

1.    Failure to Register as a Broker-Dealer.

 

Below is a summary of the activities pursuant to the Arkansas Securities Department's case against the Lainharts and others:

On February 18, Darrell was subpoenaed by the Arkansas Securities Department to appear at their office for his first deposition. Darrell did not show up. They immediately filed a motion in the Circuit Court of Pulaski County, Arkansas, requesting the court to compel Darrell to appear for a deposition rescheduled for March 4 at 9:30 AM.

That motion was granted by the Circuit Court Judge and Darrell was ordered to appear for his deposition a second time at the Arkansas Securities Department. This time Darrell did show up, (without an attorney) with three boxes of records in preparation for his deposition, scheduled to begin at 9:30 a.m.  However at 8:43 a.m. the Securities Department received a fax from the U.S. Bankruptcy Court in Little Rock notifying them that Darrell and Mattie had just filed for personal bankruptcy through their new bankruptcy attorney. Apparently this attorney had only been hired a day or two before to prepare the legal documents necessary for them to file this action.

This bankruptcy filing automatically placed all actions against the Lainharts on an immediate (but temporary) hold, therefore the deposition was postponed. The temporary hold also impacts the actions we have pending in Federal Court in Houston, as well as any other actions that may have been initiated by anyone else against the Lainharts.

Darrell and Mattie's bankruptcy filing reflected that they have less than $50,000 in assets and approximately $4,000,000 in debts, and requested a Chapter 11 reorganization plan. This type of bankruptcy allows the filing party to present to the court a business plan to pay back the debt over time by restructuring their assets and liabilities. The bankruptcy filing places all parties on notice that any legal actions being taken against the Lainharts are suspended until a Federal Bankruptcy Judge issues a ruling as to who is involved and how each party may be impacted.

 

( A copy of the Lainhart's bankruptcy filing will be available for viewing within a few days at this link:  http://www.cleantechnanoshareholders.com/ ).

 

The Chapter 11 filing will require the Lainharts to present to the court a Reorganization Plan describing how they will be able, with less than $50,000 in assets, to reorganize their finances in such a way as to be able to pay back the $4,000,000 to their listed creditors in some structured format.

So far, there has only been a bankruptcy filing. There still must be a hearing to see if the judge will accept the Lainharts request. In my opinion, it is highly doubtful that any bankruptcy judge would grant the Lainharts the Chapter 11 filing. If they do manage to stay in bankruptcy, it very likely would be moved to Chapter 7, which is total liquidation of their personal assets.

Many of you may be asking, "How does this impact the minority shareholders?" After talking with the attorneys in Houston, this is pretty much how this should play out, as I understand it:  We will be filing an action in Federal Court in Little Rock, hopefully this week, requesting a hearing on the merits of the Lainharts' case, and to remove all other parties from the filing so the actions that we have pending in Houston, as well as the actions of the Arkansas Securities Commission in Arkansas, can continue forward. My attorney tells me that it may take us 3 to 4 weeks to get on the Federal Court docket, to get this all presented in a hearing before a Federal bankruptcy judge.

 

This bankruptcy filing, one could surmise, is nothing more than a delaying tactic by the Lainharts. There appear to be many shareholders with management and technical experience who are available on a volunteer basis to help promote CTIC's technical and intellectual property value and pursue emerging business opportunities. Although there area number of entities that are showing interest in our technology, we currently have no authority to take advantage of these potential business opportunities, and our fear is that they will move on to other endeavors. Unfortunately, there has been no indication from the Lainharts that they have any interest in a resolution that would allow CTIC to move forward to everyone's benefit.

 

Consequently, it is our intention, on behalf of the concerned minority shareholders, to move ahead aggressively through the courts and regulatory agencies. As many of you know, the court has frozen the Lainharts' personal assets, and appointed a Receiver as custodian over all those assets that are held in various entities formerly controlled by the Lainharts (Diamond Capital Corporation, Capital Heritage Revocable and Irrevocable trusts). We will continue to aggressively pursue recovery of all those assets for the minority shareholders.

 

Additionally, Darrell and Mattie filed a petition with the court to allow them to take a reverse mortgage on their personal home, for the purpose of withdrawing $180,000 from this reverse mortgage to be used for their legal defense. However, the bank only allowed them an additional $44,000 as they already had a $250,000 first mortgage on the home.

 

When the Lainharts appeared in Court in Little Rock last October, they had four separate law firms representing them. Four law firms can quickly generate substantial legal fees, and $44,000 won't go very far in covering those costs. The attorney who represented them in the hearing in Little Rock has apparently withdrawn, and the Dover, Dixon, Horne Law Firm, which has represented the Lainharts for thirty years (according to Darrell), has not appeared to have been actively involved since the hearing.

 

Legal Proceedings in Houston 

Regarding the legal proceedings that we have in Federal Court in Houston Texas, there was a hearing in our case two weeks ago. At that time Jim George, of the Georges Brothers Law Firm, who represents Darrell Lainhart and Tony Wagner in the lawsuit that I initiated in Houston, indicated to our attorneys and the court that he may be withdrawing as their legal representative, as Darrell and Tony owed him approximately $66,000 in past legal fees at that time. If the Georges Brothers Law Firm withdraws from representing the Lainharts and Tony Wagner, that will leave them with no legal representation in Texas. If that happens, the Lainharts would only have a bankruptcy attorney in Little Rock, Arkansas, who will be representing them. That will leave Tony Wagner with no legal representation, as far as we know, to defend himself against my actions against him in the Federal Court in Houston.

 

As there are many shareholders who are involved in this matter, and since the Lainharts have shown no inclination to work toward a resolution in this matter, it is our intention to explore other avenues open to us--particularly the potential for criminal charges that would involve Federal agencies such as the SEC, IRS and the US Attorney General's Office. This type of action would focus on Tony Wagner as well.

 

It appears that Tony has been a collaborator with Darrell in what we believe to be fraudulent activities, and he also has sat on the Board of Directors of CTIC since its inception in 1993. He communicates with Darrell on a regular basis. He has been working with Darrell all these years and receiving a $10,000 per month salary/loan for at least 12 years. The question is what was he doing for that salary? He certainly spent very little time at the Houston plant working with us on the creation and improvement of the Carbon Nano Materials.

 

I have also been contacted by a person in Austin, Texas, who alleges that Tony sold her, and a group of her friends, stock options against his CTIC shares at $10 per share. This option was to be exercised once CTIC went public. I asked her what her best guess was as to the dollar amount of Tony's sales, and she indicated that it could be as much as $500,000. I checked, and there is no record of Tony Wagner having ever filed for a Regulation D, 506 Federal or State Exemption, which is required for someone to be able to sell securities in a Privately Held Company. Since this activity does not directly affect the registered shareholders of CTIC, I recommended that they hire their own attorney/legal representative in Texas to pursue their claims against Wagner. I did indicate that we would support them in that endeavor, in whatever fashion that we could.

 

Thank you all for your encouragement and support. We will strive to keep you updated as these actions continue.

 

If you have any further questions, give me a call at 850-438-5918.

 

Danny Cross

Chairman

Concerned Shareholders Executive Committee

 

 

CT Shareholders News Update

February 6th, 2010

Shareholders Meeting in Little Rock
February 30

A meeting of the Concerned Shareholders Executive Committee (CSEC) was held at the Hilton Hotel in Little Rock, this past Friday, January 29.  As noted in the last communication of January 22, a primary objective was to meet with the Court-appointed Receiver, Jack Pruniski, to discuss the future of CTIC and all of the assets he has been able to locate within the various entities which were placed under his control by the court (Diamond Capital Corporation, Capital Heritage Revocable and Irrevocable trusts).

Prior to meeting with the Receiver, the CSEC reviewed all of the information we currently have regarding the actual number of minority shareholders (302 to the best of our determination), and how many total shares have been dispersed by Lainhart through various means, such as: stock sales, payments or gifts to family members, shares awarded as incentives, and large blocks of CTIC stock that were issued to the various entities owned by he and his wife.  The CSEC will provide this stock data, along with the names and current addresses of shareholders of record, to Receiver Pruniski in the immediate future.

Before meeting with Pruniski, members of the CSEC informally met with an Arkansas businessman, William Carpenter, who is in the process of purchasing a unit of Charles River Pharmaceutical, located in Redfield, AR, approximately 15 miles south of Little Rock.  Mr. Carpenter expressed to the CSEC members his interest in helping CTIC develop its technology, both in the waste stream remediation area and the carbon nano application and production field. William appears to have access to various entities that can provide the necessary additional research expertise needed to further develop our technology.  He also has numerous contacts he can utilize in pursuing selected business, government and academic entities for future development and business opportunities.  The CSEC made clear to him that, although we would like to further explore his ideas and input, we had no authority to pursue any business opportunities on behalf of CTIC at this time.

At 6:00 p.m. on January 29, Receiver Jack Pruniski met with the CSEC members.  He affirmed that his duties and authority are controlled and directed by Circuit Court Judge Tim Fox.  The CSEC was given the opportunity to communicate to the Receiver some specific concerns about CTIC as well as the entities (Diamond Capital and the Trusts) which the judge had placed under his control. We had a very frank and constructive interchange with the Receiver about these issues. 

We further communicated to the Receiver that we had contacted 211 of the 302 listed CTIC shareholders and they were unanimous in their desire to have the company reorganized and moved forward in a positive way, versus. the possibility of having the company forced into some form of bankruptcy. We reiterated that it was our opinion, as a committee of concerned shareholders, that the overwhelming consensus of the minority shareholders was that the Receiver consider working with the shareholders to convert the potential of the patents and technology into a viable business, which might someday return value to the shareholders, as opposed to the option of liquidating known assets, which likely would return only a small fraction of shareholders' invested money.  The Receiver was asked to communicate these, and other concerns to Judge Fox.

The following morning, January 30, at 10:00 a.m., the CSEC met with a group of minority shareholders who were given a summary of the discussions and actions which had occurred the previous day.

 

 

Shareholders Meeting

January 26, 2010

Shareholders Meeting in Little Rock
February 30
 
Per the email announcement sent out last Friday, a CTIC Concerned Shareholders meeting will be held this coming Saturday at the Metro Little Rock Hilton Hotel, I-630 at University Avenue, at 10:00 a.m.
 
To help us plan for seating and space, please advise by return email if you plan to attend.
 
 Email to:  ctshareholders@gmail.com
 
No need to respond if you will not be able to attend.  Thanks.
 
Concerned Shareholders Executive Committee

 

 

CT Shareholders Executive Committee

January 22, 2010

End of Year Brief to CTIC Shareholders
 
Notice of Meeting of the CTIC Shareholders Executive Committee
 
 On the evening of January 29, 2010, the Concerned Shareholders Executive Committee have arranged a meeting with the court-appointed Receiver/Trustee of CTIC who has control of all of the assets of Diamond Capital Corporation (100% shareholder is Mattie Lainhart), Capital Herritage Revocable Trust, Capital Herritage Irrevocable Trust (of which Mattie and Darrell Lainhart are the trustees) as well as numerous other assets that were specifically listed by the Court.
 
As Diamond Capital is the vast majority shareholder of CTIC stock, (as discussed with you in detail in previous correspondence) the court-appointed trustee has control over the approximately 82% shares of CTIC stock owned by Diamond Capital, therefore he has control of CTIC.
 
It is the intention of the Executive Committee to meet with him to discuss the future of CTIC and all of the assets that he has been able to locate.
 
As the Executive Committee wants to make our efforts and actions as transparant as possible, we also have scheduled a meeting with all interested CTIC shareholders, on the following  morning at 10:00 a.m., January 30th,  in the conference room at the Midtown Hilton Hotel in Little Rock, Arkansas.  (Located at I-630 and University Avenue). This is for the purpose of giving you an update regarding all the current legal current (that we can talk about), what we are trying to do on behalf of the concerned shareholders in respect to the Receiver action, etc., as well to give you an opportunity to ask questions. 
 
We hope that you will attend.
 
Danny Cross
Chairman, Shareholders Concerned Executive Committee 

 

 

News Brief

December 21, 2009

End of Year Brief to CTIC Shareholders
 

We have not sent any information to you over the last month, mainly because there has been very little to report. However, we will bring you up to-date on what has happened recently.

Judge Fox did finally appoint an attorney by the name of Jack Pruniski as the "Receiver" for all of Darrell and Mattie Lainhart's individual assets. His receivership responsibility includes taking over and managing the many separate entities that the Lainharts had set up for their own benefit. Those entities include Diamond Capital Corporation, the entity into which Darrell and Mattie transferred all their CTIC stock and then resold it to us, as well as the Capital Heritage Irrevocable Trust and Capital Heritage Revocable Trust, and most of the land assets.

Beginning in the 2006-2007 timeframe, the two trusts noted above are where the Lainharts transferred many of the assets they had purchased.  These purchases were made with the money they had received from selling CTIC stock to us, via Diamond Capital Corporation, as well as from some sales that were made directly from CTIC's own stock portfolio.

To date the "Receiver" has not asked for a meeting with any of the shareholders, but our attorneys in Houston have been in regular contact with him and with the Arkansas Securities Dept. There is considerable progress being made in this arena; however, because of the legal issues that are being addressed, we cannot discuss it further at this time. The Executive Committee, through Tom Strickland (who has had limited contact with Mr. Pruniski by email and phone), has sent him copies of 31 or the 46 CTIC registered patents for his review.

The "Receiver" has been made aware by The Arkansas Securities Dept. and our attorneys that there is very strong interest by the shareholders to pursue organizing a viable company to take advantage of our hazardous waste and carbon nanosphere technology. Such action would be in contrast to a complete liquidation and distribution of any monies that might be obtained from the sell-off of assets. The receiver is in the process of getting more clarification from the court as to how broad his authority is in handling the various entities created by the Lainharts. 

The Arkansas Securities Department, via the Circuit Court in Little Rock, is still pursuing its investigation of the charges of securities fraud and illegal sales of securities (stock) against the Lainharts. It is anticipated that the date for that trial will be set within the next 3 to 6 months.
 

It has been a long year in our battle to gain justice for the shareholders of CTIC, but we have made major strides in this endeavor. Remember where we were a year ago, with the prospect of having nothing, compared to where we are now, and our improved outlook for the future.

We will keep you updated as events unfold.
 

Have a Merry Christmas and Happy New Year.

Danny Cross          

Chairman, on behalf of

Concerned Shareholders Executive Committee

 

 

 

Legal Update November 13, 2009
Court Appoints Receiver for CTIC


At 14:17 p.m. this afternoon, Judge Fox of the Pulaski County Arkansas Circuit Court, issued an order appointing John Pruniski III, as the Receiver in the Arkansas Securities Department's action against Clean Technology International Corporation, et al.

The order read in part:

     Upon consideration of the facts and law relating to Plaintiff's Motion to Compel Compliance with Amended Temporary Restraining Order issued on August 27, 2009, the pleadings and all other things and matters properly before the Court, the Court finds that separate defendants, Diamond Capital Corporation (DCC), Capital Heritage Irrevocable Trust, Capital Heritage Revocable Trust, William Lainhart and Irene M.F. Lainhart have failed to comply with the Court's Amended Temporary Restraining Order by failing to file an accounting detailing all of their assets and detailing all funds received, directly or indirectly, from individuals purchasing stock of Clean Technology International Corporation.

     IT IS HEREBY ORDERED that John E. Pruniski, III is appointed as Receiver of the following entities:
  1. Diamond Capital Corporation,
  2. Capital Heritage Irrevocable Trust, and
  3. Capital Heritage Revocable Trust.
     Additionally, John E. Pruniski, III is appointed as Receiver of the following personal and real property described in the pleadings of the case:
  1. "Little Switzerland" and the heavy construction equipment used on the property,
  2. Lodge on Hwy. 171 in or near Malvern, AR,
  3. 1930 Model A Ford,
  4. 1936 F100 Ford Pickup Truck,
  5. Caterpillar Dump Truck, and
  6. 2006 Cadillac.
The Receiver is hereby vested with all statutory powers and authority set forth in Ark. Code Ann. 16-117-201 through 208 (Repl.2006).
 


We will follow up in the next week or so as to what will be happening with the receiver.
 
Danny Cross
Chairman
Concerned Shareholders Executive Committee
 
News Update October 30, 2009


This is an update about developments in the legal as well as the administrative world of Clean Technology International Corporation.  We, the Concerned Shareholder Executive Committee, will continue to try to keep you informed about the forward progression of our efforts, not only to see that justice is served, but to make every attempt to move CTIC toward becoming a viable company.

Legal actions by the Arkansas Securities Department

Seven weeks ago, the Arkansas Securities Department presented a strong case in state Circuit court, with substantial evidence from their one year plus investigation of the Lainhart's. Based on this evidence, Judge Tim Fox put a freeze into effect on all of Darrell and Mattie Lainhart's assets, except for their Social Security and retirement income. The court also ordered stock and financial records from the Lainharts as well as from all the other entities involved (Diamond Capital, CTIC and the two Capital Heritage Trusts) to be delivered to the court within a timeframe of 14 days from the date of the court order. On the 14th day, Darrell's attorney presented to the court only a two page document containing nothing more than a list of 47 shareholders' names and how much each had invested at a particular time.

Most of you will be happy to know that your names were left off the list--for what purpose, we are not sure. However, we are in possession of the actual Shareholders Ledger that lists 337 shareholders of record. The Arkansas Securities Department is also in possession of the same list. The question is, why would Darrell and his attorney choose to release to the court, under an order from Judge Fox, a very limited version of the Shareholders Ledger when he knows that both we, the shareholders, and the Arkansas Securities Department have the entire list?

Darrell further failed to comply with the Judge's order filed on 08-27-09, which states that the Lainharts as well as the above mentioned entities "are ordered to file with the Court, within fourteen (14) days from the entry of this order, an accounting detailing all of their assets and detailing all funds received, directly or indirectly from individuals purchasing stock of Clean Technology International Corporation. The accounting shall include the name and address of each such individual, amount received, date received, and a listing of expenditures of such individual's monies." Other than the two page list of shareholders mentioned above, to our knowledge the Lainharts failed to comply with any other part of the court order.

The Arkansas Securities Department filed a follow-on request for the court to appoint a receiver for the purpose of sorting out the accounting of all of the monies the Lainharts have taken from us in their apparently illegal (as presented in court) stock sales and securities fraud through both CTIC and Diamond Capital Corporation. We have waited to report to you about what has been happening on that legal front, hoping to be able to report to you that a receiver has been appointed, but this has yet to take place. We will notify you immediately when receiver is appointed.

As we previously have indicated to you, we presume that the receiver may want to make contact with each of you who have invested money in CITC. We suggest that you start looking for old cancelled checks and your stock certificates, for the purpose of verifying that you are a monetary contributor to CTIC.

For your information, the Lainharts have issued approximately 17 million CTIC shares of incentive stock (meaning no money was paid for those shares). Many of these shares went to themselves and family members. The information we have received from previous board members indicates that they never approved any of these stock issues, therefore, it is important that you have evidence of your purchase.

As previously indicated, we do have a Stockholders Ledger with the name and address of each listed shareholder; however, if you have moved since you purchased your stock, you may want to contact us to confirm that your address is correct. In our past mailings we have had approximately 60 pieces of mail returned, so unless we hear from you, neither we, nor the receiver, in all likelihood, will have any way of contacting you. Therefore, if you know of any other CTIC investor, you may want to contact them to see if they have a current address registered.

Legal action in Federal Court in Houston Texas

As many of you know, I, Danny Cross, initiated an action against Darrell Lainhart, Tony Wagner and CTIC in Federal Court in Austin Texas in October of 2008. Later, I petitioned the court to transfer the venue to the Southern District Federal Court in Houston, Texas. After months of legal maneuvering, on July 24, 2009, I served an amended counter claim against the above parties, expanding the legal allegations to include Mattie Lainhart, Diamond Capital Corporation, and the Capital Heritage Revocable and Irrevocable Trusts. Although Darrell's attorneys vigorously fought against that action, on September 9, 2009, Judge Miller, presiding in Federal Court in Houston, Texas, granted my motion to include the above noted defendants.

As indicated in previous correspondence, in June of 2009, a second legal action was taken against the Lainharts in Federal court in Houston, Texas, by Jim Carroll and Dr. David Kemp, requesting the court to allow them to enter Danny Cross's case as "Interveners". On September 9, 2009, Judge Miller granted Jim and David's request for intervention.

On that same day, however, the court initially denied the request of a group of Minority Shareholders who, in September 2009, in a third legal action, also had requested to join Danny Cross's case as "Interveners". The court did leave the door open to "re-urge as appropriate". Subsequently, the Minority Shareholders' attorney made the appropriate modifications to their legal filings, and as of last week, we are pleased to report the court granted the Minority Shareholders right to join the other two lawsuits.

In a repetition of the Lainharts' failure to provide appropriate documents to the Arkansas Circuit court, the Lainharts also have failed to deliver any documentation and records (under the legal discovery process, each party must comply with this demand) to the Federal court in Houston, despite repeated requests.

Concerned Shareholders Executive Committee Meeting

A third meeting of the Concerned Shareholders Executive Committee (CSEC) took place this past weekend in Houston, Texas. The CSEC indicated by a unanimous vote that it is our desire to work with the receiver, when appointed by the court, to make CTIC a viable corporation--using our patents and carbon nanosphere technology and/or waste stream destruction technology as opportunities arise--as opposed to asking the receiver to simply do a "total liquidation" of the remaining assets, which may only recoup shareholders' investments with pennies on the dollar.

We have talked to many of the shareholders, and there seems to be a general consensus that we proceed with trying to make CTIC a viable company, and we would like to so advise the receiver as soon as he/she is appointed. If this is not also your desire, please let us know by return email.

Danny Cross
Chairman, Concerned Shareholders Executive Committee
 
   
Follow-up Actions by Judge Fox August 28, 2009

Continuation of Asset Freeze

 
In the previous email of August 25, I communicated that Judge Fox had continued the freeze on Darrell Lainhart, and his other entities, until additional briefs were submitted to him at the close of business on Tuesday, August 25, 2009.  A four-page brief was submitted by Lainhart's attorney, Kenneth Shemin, and an 18-page brief was submitted by the Arkansas Securities Commissioner, represented by Attorneys Ted Holder and Shannon Underwood.
 
In summary, on Wed. the 26th, after reviewing the additional information presented, Judge Fox continued the restraining order against the Lainharts. He further ordered the Lainharts to submit to the court, within 14 days, an extensive list of information about the following entities: Diamond Capital Corporation, Clean Technology International Corporation, Darrell Lainhart, Mattie Lainhart, Capital Heritage Irrevocable and Revocable Trusts (These trusts appear to be where the Lainharts transferred a considerable amount of money into and through).
 
Judge Fox ordered, regarding Clean Technology International Corporation stock issues:
 
"Clean Technology International Corporation is ordered within 14 days... to file with the court a listing of all shareholders of the Company. The listing to include: Name, address, telephone #, number of shares owned, date shares purchased and purchase price per share."
 
As to the other entities that I mentioned above, the Judge further ordered that within 14 days:
 
"an accounting detailing all of their assets, detailing all funds received, directly or indirectly, from individuals who purchased stocks of Clean Technology International Corporation. The accounting shall include the name and address of each individual, amount received, date received, and a listing of expenditures of each individual's monies."
 
In the order, Darrell Lainhart was allowed to continue receiving his Social Security payments.  The judge also unfroze Clean Technology International Corporation, which, as far as we know, contains very little or no funds that would be available to the Lainharts. Jim Carroll has seized all of the CTIC assets that are in or on his property in Houston, Texas, so this leaves CTIC with no operational assets at this time.  However, this does leave the door open to continue a communication relationship with those companies that we still have contracts with to do testing work with our nano material. This CTIC action may be of some value in moving forward with creating an authentic company.
 
In regard to the three civil litigation actions that we have initiated in Houston, TX, the Lainharts' counsel is still fighting to prevent the second lawsuit filed by Jim Carroll and David Kemp to be joined with my suit in Federal Court. They are also taking the same action to try to prevent the third lawsuit that was filed on behalf of over 40 shareholders recently, from being joined with my case. As explained in previous correspondence, the two follow-on lawsuits that have been filed, are requesting that they be allowed to join in the actions that I have initiated in Federal Court in Houston.  This delaying action was expected.  The court will now decide if all three lawsuits can be joined. Even if the court were to deny our actions, all this would mean is that each case would have to be filed as an individual action vs. a joint action. This means that it would take a little longer for your actions to get to trial.  I have stepped up the discovery process demands in my individual case in Houston, and have asked for an extensive list of financial and other discovery documents from the Lainhart, et al.
 
As of late, there have been considerably more shareholders who have shown a real interest in getting involved with the legal process in this matter to ensure that justice is served. These actions are greatly appreciated. Needless to say, we who have been pursuing the actions mentioned above are quite pleased with the outcomes on all fronts that are presently occurring.
 
Danny Cross
Chairman, Concerned Shareholders Executive Committee
 
   
Update On Court Proceedings August 21, 2009
Actions Taken By Judge Timothy Fox
Pulaski County Arkansas Circuit Court, 6th Division
August 19, 2009

 
The following is a brief synopsis of the legal proceedings in the above mentioned court regarding the charges of illegal sales of securities and security fraud initiated by the Arkansas Securities Department against Darrell and Mattie Lainhart, Diamond Capital Corporation, Clean Technology International Corp., and the Capital Heritage Revocable and Irrevocable Trusts.
 
The case initially was scheduled to begin at 1:30 p.m. on August 18, and was anticipated to be completed within a couple of hours. However, because of the number of people scheduled to testify, the court proceedings were adjourned for the day at approximately 5:30 p.m., and reconvened the following morning (Aug. 19) at 9:00 a.m.  After approximately 3 additional hours of testimony by Mattie Lainhart and legal arguments by the Lainharts' attorneys, followed by closing statements, the judge issued his ruling at approximately 11:50 am.
 
The following is a short version of the judge's pronouncement: That the Arkansas Securities Dept. had made a compelling enough case to allow the injunction/restraining order, placed against the above entities in an emergency action several weeks ago, to be continued until the completion of a trial. The trial date, according to Arkansas Security Dept., may be 3 to 6 months away.
 
The judge, at this point, felt that there was sufficient evidence to support the Department's position that the sale of CTIC stock by Darrell Lainhart to us shareholders was illegal, going all the way back to 1993. He further determined, in light of the evidence presented, that all the assets in the possession of the Lainharts, and all of the other entities mentioned above, in fact belonged to the shareholders who had purchased CTIC stock.
 
The judge determined this because the evidence presented showed that Darrell Lainhart had no other source of income (no job since 1993), other than the selling of CTIC stock to us, and that Mattie Lainhart had received only a very modest income from her secretarial job with the city of Sherwood. She had retired from that job in 2001. With that evidence, the judge continued the freeze on all assets in the above entities' possession, which means that the Lainharts cannot sell any assets or withdraw any money from any of their bank accounts.
 
The judge did remove the freeze on, and will allow the Lainharts to receive, Mattie Lainhart's Social Security and retirement checks (totaling approximately $1,500 per month). This may prove difficult for the Lainharts, as they no doubt have become quite accustomed to spending other people's money to support their lavish lifestyle.
 
As this freeze order covers all of the Lainharts' assets, their attorney made a plea to the judge to release the freeze on any assets that may be in the possession of the Lainharts which were not acquired through their illegal stock sales. The judge gave them an opportunity to present to the court by next Tuesday any evidence proving they have assets they acquired by means other their illegal sales of CTIC stock.
 
The judge further stated that he would appoint a Receiver to take possession, on behalf of the Shareholders, of all of the assets of the above entities. The receiver further will be instructed to do an inventory, maintain and investigate the activities of these entities, and try to retrieve as many assets as possible for the benefit of the shareholders. The receiver will be restricted from selling any of the assets, until further orders of the court.
 
In a final plea by the Lainharts' attorneys, they requested that the judge allow the receiver who was to be appointed to set aside enough funds to allow the Lainharts to mount an adequate legal defense against the court actions that I have brought against them in Federal Court in Houston Texas. The judge, in denying that request, stated that, at this point in time, all of the funds and assets that had been frozen were in fact owned by the shareholders, therefore, the Lainharts would have to find financing elsewhere.
 
Last but not least, I would like to express my thanks on behalf of the Concerned Shareholders Executive Committee, for the great testimony given by a number of shareholders:  Jim Carroll, Tom Strickland, Dr. David Wardlaw, Richard Fulenwider, and Terry Morrison.

Also, genuine thanks to the staff at the Arkansas Security Department:  Ted Holder, the assistant Securities Commissioner, Shannon Underwood, and Gretchen Hall, for all the long hours and tireless effort that they put into this investigation.

These proceedings also drew a full courtroom of concerned shareholders, whose presence provided added support.
 
Danny Cross
Chairman, Concerned Shareholders Executive Committee
 
 
   
Newspaper Article: Lainharts Temp. Injunction Hearing August 19, 2009
The article below appeared in the Arkansas Democrat-Gazette, a state- wide newspaper.


Sherwood man accused of
swindling $12.8 million

By John Lynch

Wednesday, August 19, 2009

LITTLE ROCK - A Pulaski County Circuit courtroom drew a full house of angry investors Tuesday, some of whom said they have lost faith in a Sherwood man's ability to develop and market an invention that seemingly turns trash into a valuable building products.

They haven't lost confidence in the device itself, they said.

Authorities say William Darrell Lainhart, a former investment broker with a checkered past, has cheated investors out of at least $12.8 million by spending their money on lavish land, car and collectible purchases rather than using the cash to develop the machine that can decontaminate toxic and nuclear waste while producing valuable carbon polymers that can be used to build aircraft.

Two weeks ago, the Arkansas Securities Commission won a temporary restraining order from Judge Timothy Fox, freezing the assets of Clean Technology International Corp.; Lainhart, its president; his wife, Irene Mattie Fay Lainhart, a company executive; Diamond Capital Corp., a company the couple operates; and two trust funds belonging to the Lainharts. The order also bars the Lainharts from selling more stock in Clean Technology.
The commission has been investigating the company since July 2008 and reports finding evidence that Darrell Lainhart has engaged in securities fraud but has yet to file a formal com-plaint against him.

The Lainharts deny any wrongdoing and will have an opportunity to present their case today when proceedings resume at 9 a.m. State attorneys are seeking to have the judge extend the order and put the companies under the control of a receiver while the investigation continues.

Ken Chemin, an attorney representing the Lainharts, told 1 the judge during Tuesday's 4 /2-hour proceeding they are seeking to have Fox at least modify the order, if not do away with it outright, arguing that the restrictions are practically starving the couple, both 73.
"Our ultimate position is to appoint a receiver," Chemin said. "The Lainharts can't touch their Social Security checks. They can't eat. They just need some relief."
The order is also hampering Mattie Lainhart from traveling to Houston for cancer treatments, Chemin said.

With testimony indicating Clean Technology has 43 patents, Chemin said, the restraining order is tying up the company's "valuable rights." Chemin told the judge he expects to call five witnesses, including an expert he said would outline the workings of the device and its implications for industry.

Chemin didn't say whether either of the Lainharts would testify today. In an unusual move, the couple sat in the audience instead of with Chemin before the judge. They held hands while Darrell Lainhart, wearing a button-down shirt embroidered with the Clean Technology logo, took notes on a large envelope and occasionally whispered to other members of his legal team. Several of the investors took turns glowering at the Lainharts, who didn't appear to notice.

Jim Carroll of Texas was one of five investors that state attorneys called to the witness stand Tuesday, each telling a similar story of buying stock in the company after Lainhart demonstrated the machine 10 years ago.

He estimated his total investment at $2.2 million, telling the judge that he believed in the project so much that he convinced Lainhart in 2005 into letting him build a larger- scale, 80,000-pound model for testing with his own money and manned by his own employees, all in the hope of producing the carbon polymers.

"It would make material, but it would not make enough to be economical," Carroll testified. "We did everything we could to get it to run."

According to court filings, Lainhart, as principal of Delta Financial Investment Corp., a Little Rock securities firm, was issued a letter of caution by the securities commission in August 1986 over allegations the firm and its 18 brokers inflated markups on hundreds of securities sales to banks over the previous two years. The company was fined $20,000.

Arkansas, Pages 9, 18 on 08/19/2009
Arkansas Democrat-Gazette, Inc.
 
   
Press Release August 11, 2009
Update On Court Actions
Taken Against the Lainharts


The Concerned Shareholders Executive Committee, as fellow shareholders, has been making a concerted effort to keep all CTIC investors informed regarding the actions being taken at this time against the Lainharts and their agents. In recent correspondence, we advised you that the Arkansas Securities Department has completed a portion of their ongoing investigation, and had found sufficient evidence to initiate legal actions against the Lainharts, as well as Diamond Capital Corporation and Capital Heritage Irrevocable and Revocable Trusts, which are owned by the Lainharts.
 
Some of the specific allegations made by Arkansas Securities Department are: Illegal Stock Sales and Securities Fraud. Additionally, Darrell Lainhart and Rex Robertson are being charged with acting as Broker/Dealers without a license and selling unregistered securities.
 
A hearing is scheduled to address these charges at 1:30 pm on the August, 18, 2009, in the courtroom of Judge Timothy Fox. The specific location is:
 
The 6th Division Pulaski County Circuit Court
Pulaski County Courthouse
401 West Markham Street, Suite 210
Little Rock, Arkansas
 
This hearing will be conducted in an open courtroom with plenty of seating. Those of you who have an interest in learning how your money was spent, after it was turned over to the Lainharts, may want to attend this hearing. In the past, the Lainharts made a concerted effort to disallow the minority shareholders the right to see the financial records of CTIC, therefore the hearing will provide an opportunity for you to see for yourself the facts uncovered by the investigative arm of the Arkansas Securities Department during their year-long investigation. We anticipate that this hearing will last a number of hours. We hope to have as many of you who hold shares of CTIC, as well as those of you who have invested money in the company through various other means, to attend this hearing.
 
In another legal matter, this past Friday afternoon, a group of minority shareholders (37 at present) initiated a Minority Shareholders Oppression Action against the Lainharts, Diamond Capital Corporation, CTIC, and Capital Heritage Revocable and Irrevocable Trusts, in the United States District Court for the Southern District of Texas, Houston Division. This group of shareholders has requested the court to allow them to join (as Interveners) their case with mine (Danny Cross).
 
My case was initiated in October of 2008. I have alleged in my case the following nine (9) charges:
 
Oppression of Minority Shareholders and Breach of Fiduciary Duties, Breach of Contract, Fraud, Negligent Misrepresentation, Conversion, Rescission Based on Fraudulent Inducement, Alter Ego Liability/Piercing the Corporate Veil, Conspiracy, and Constructive Trust.
 
The Executive Committee will continue to keep all of you informed as best as we possibly can; however, if you have any additional questions that we can answer for you, please call me, Danny Cross, at (850-438-5918) or send me an e-mail at col_cdc@yahoo.com .
 
 
Danny Cross
Chairman, Concerned Shareholders Executive Committee
 
   
Fraud Allegations KATV Channel 7 August 6, 2009
Fraud Allegations
KATV Channel 7
Wednesday Aug 05, 2009 7:17PM
A Sherwood businessman is being sued by the state and several investors.
Click here to see video of the News Story!
 
   
Information for the Concerned Shareholders of CTIC July 31, 2009
Actions Taken Against The Lainharts
by Danny Cross

The Arkansas Securities Department has just notified me that after a 1 year and 22 day extensive investigation on the activities of Darrell and Mattie Lainhart and Diamond Capital Corporation, they have initiated legal actions against them for fraud and illegal sale of CTIC stocks in the Circuit Court of Pulaski County in Little Rock Arkansas.

Those of you that have been following the activities and actions that myself, Tom Strickland, Rick Andrews, Bill Mathews, David Kemp, David Wardlaw, Jim Carroll, George Shipp, Bob Black and many others initiated against the Lainharts over the past year, ( see website www.cleantechnanoshareholders.com ) will be interested to know that all of the
work and effort that has been put into this endeavor, has finally born fruit.

On July 8,2008, I filed a formal complaint with the Arkansas Securities Department in Little Rock Arkansas. Arkansas was chosen as the place to file that complaint, because that was where the banks that the Lainharts used to deposit their ill gotten gains were located. Many shareholders have participated in the follow on work and information that has been presented in this Securities investigation. My thanks to all of you that have helped or participated in these actions.

On Wednesday, July 29, 2009 at 3:04 p.m. the Arkansas Securities Department filed a 225 page legal action brief.
Against the following entities: Darrell Lainhart, Mattie Lainhart, CTIC, Diamond Capital Corporation, Capital Heritage Revocable Trust, Capital Heritage Irrevocable Trust, Rex Robertson, and Jim Stead.

Late yesterday afternoon, July 30, 2009, the Circuit Court Judge signed an Order, ordering (in summary) that all assets of CTIC, Diamond Capital Corporation, William Darrell Lainhart, Mattie F. Lainhart, Capital Heritage Irrevocable, and Revocable Trusts be, and hereby are, frozen. The freeze shall include, but not be limited to, those funds located in any bank, depository institution or securities brokerage accounts. At this time the Securities Department is looking for Mr. Lainhart to notify him of what has just befallen him.

This will stop his or Mattie's' ability to sell off any further assets that were purchased with our money. The Securities Department is moving to have a court appointed receiver to manage the assets of the above entities on behalf of all shareholders.

Compounded with the above actions that have come Darrell and Mattie Lainharts' way today, they will also be notified of the filing of the third lawsuit against them, Tony Wagner, Diamond Capital Corporation and Julia Butler, in U.S. Federal Court in Houston Texas. This action has been initiated by 34 minority shareholders of CTIC. This action, coupled with my legal action as well as the legal actions taken by Jim Carroll and David Kemp in the same U.S. Federal Court should make for a very interesting day for Darrell and Mattie Lainhart.

It is now time for justice to be served.
 
   
Breaking News About Lainharts July 31, 2009
Lainharts' Assets Frozen
by Temporary Restraining Order



By Gwen Moritz, Arkansas Business
7/31/2009 2:46:46 PM


The assets of W. Darrell Lainhart of Sherwood, his wife, their companies and two business associates have been frozen by a temporary retraining order issued late Thursday by Pulaski County Circuit Judge Timothy Fox.

The order had been requested Wednesday by A. Heath Abshure, commissioner of the Arkansas Securities Department, after a staff investigation concluded that the Lainharts had engaged in securities fraud dating back to 1993.

Specifically, the Securities Department alleged, Darrell and Irene "Mattie" Lainhart, along with Rex Robertson of Little Rock and James Stead Jr. of Chicago, collected at least $12.8 million - $8 million of which went straight to the Lainharts - by selling shares of unregistered stock in a company called Clean Technology International Corp. CTIC purports to have developed a machine that can dispose of hazardous waste and, as a byproduct of the process, produce valuable carbon nanospheres.

Fox also granted Abshure's request that Lainhart and the other defendants, who are not licensed to sell securities in Arkansas, be restrained from offering or selling any securities in Arkansas or destroying any financial records. The department's request that a receiver be appointed to plow through 16 years worth of history will be considered at a hearing scheduled for Aug. 18.

As Arkansas Business reported in April, many of Lainhart's investors are Arkansans, and many of them firmly believe in the potential of the CTIC technology. The Securities Department's complaint for the retraining order included affidavits from some of the same investors interviewed by Arkansas Business, including Danny Cross of Pensacola, Fla., Little Rock residents David Wardlaw and Tom Strickland, Danny Harris of North Little Rock and Rick Andrews of Cabot.
 
Shannon Underwood, a staff attorney for the Securities Department, told ArkansasBusiness.com that the investigation of Lainhart, CTIC and related entities had taken nearly a year. According to the department's complaint, the financial information included in the court files had to be "stitched together" from a variety of sources.
"In order for the remedies sought herein to be effective, a more accurate accounting is needed, but can only be provided by a more in depth and wide ranging investigation and analysis, the kind that can only be provided by a receivership," the complaint said.

The department was able to trace some of the millions of dollars that flowed in from investors who believed their money was being used to prepare CTIC for an initial public offering of stock. Among other things, according to Abshure's complaint, Darrell and Mattie Lainhart used investor money to buy real estate, make mortgage payments and collect antique cars.

Cross, the Florida investor who has led a shareholder revolt against the Lainharts, said in his affidavit that Darrell Lainhart gave him a personal tour of his 4,400-acre "Little Switzerland" estate on the border of Garland and Hot Spring counties. Among the sights: 21 pieces of heavy construction and farm equipment, a hunting lodge that would accommodate up to a dozen people, "heated and cooled tower deer stands" and two concrete dams across a stream that were large enough for two vehicles to cross.

While Mattie Lainhart worked for the city of Sherwood until 2002 and receives some pension and Social Security benefits, the Securities Department concluded that Darrell Lainhart "does not appear to have any outside income" other than the sale of CTIC stock.

A man who answered the phone number listed for the Lainharts' Sherwood home said Darrell Lainhart "was going to be unavailable." Lainhart has never responded to requests for an interview with Arkansas Business.

 
   
Information for the Concerned Shareholders of CTIC July 31, 2009
 
   
Minority Shareholders' Litigation Moving Forward July 21, 2009
As noted in previous communications to minority shareholders of CTIC and/or Diamond Capital stock, two lawsuits have now been filed in Federal Court in Houston, TX, against Darrell Lainhart, et al. One is by Col. Danny Cross (a minority shareholder) and one by Jim Carroll and Dr. David Kemp (both minority shareholders). These lawsuits address some of the issues of concerned minority shareholders - but are not sufficient to protect the interests of all minority shareholders.
 
The Concerned Shareholders Executive Committee (CSEC) is of the opinion that we can be more effective as a united group, as opposed to shareholders individually filing legal actions. Therefore, a third lawsuit (known as a Minority Shareholders Oppression lawsuit) is being pursued by a group of minority shareholders, represented by their own attorney in Houston, Texas. We now have a sizable group of minority shareholders who soon will be initiating this third, minority shareholders lawsuit, to protect their individual interests.
 
The Arkansas Securities Department is also continuing its investigation of the actions of Darrell Lainhart and CTIC management.  We are hopeful their findings will be announced in the near future.  The legal actions taken by the Securities Dept. could be both criminal and civil in nature, whereas the actions taken by CTIC minority shareholders will be through civil litigation only.
 
Due to the potential significant legal expense, the Committee is requesting that all parties to the action-or any other stockholder who would like to help in the financing of these efforts-make a contribution to the Legal Fund equal to 5% - 10% of your investment in CTIC/Diamond Capital. This Fund is for legal expenses only (attorney time and legal administrative costs), in pursuing actions against Darrell and Mattie Lainhart, Julia Butler, Tony Wagner Diamond Capital Corporation, Capital Heritage Irrevocable Trust and CTIC.    The Committee's travel, phone, personal time, etc., have, and will continue to be, at our own expense and not drawn from the legal Fund.  We are retaining counsel with extensive securities expertise-a significant expense-but one that can be shared if we move forward as a group, not as individuals.
 
If you desire to protect your investment via this group action, you need to so advise the CSEC by August 15, 2009. It is our intention at this time to initiate actions against Darrell Lainhart, Mattie Lainhart, Diamond Capital Corporation, Julia Butler (Darrell and Mattie's daughter) who is CTIC's secretary and Tony Wagner.  (Wagner is a current member of the board of directors).  As indicated in previous correspondence, we will also be suing the above mentioned entities to recapture our legal and other expenses incurred in the pursuit of this action.  As also previously communicated, any contributions made to the Legal Fund are at risk, as we have no guarantee that we will prevail in court. However, it is our general consensus that we can and will prevail in our legal efforts.  Hopefully, all of us who contribute will receive some form of compensation for our financial support in this endeavor.
 
. This lawsuit will be filed with the intention of joining as "Interveners "in the two lawsuits, noted above. All financial contributions will be overseen by an officer of the bank, as indicated below, to insure documentation of all funds received and how the money is spent. This will be the last communication to minority shareholders in regard to requesting your participation in this third lawsuit
 
Your contribution to the Fund should be as follows:
 
Make checks out to: CleanTech Concerned Shareholders' Legal Fund
 
And mail to:
 
Bank of the Ozarks
c/o Patricia Hooker
P.O. Box 8811
Little Rock, AR 72231-8811
 
If you plan to be a part of this legal action, please so advise by REPLYING TO OUR E-MAIL ADDRESS, and note your name, current mailing address, amount of your CTIC investment and the check number and amount contributed to the Fund.  We welcome your participation.
 
 
 

The Minority Shareholders' Litigation Sub-Committee
of the
Concerned Shareholders' Executive Committee
 
 
Phone:  877-591-3754
Email:   ctshareholders@gmail.com
 
   
Concerned Shareholders Executive Committee July 2, 2009
Lainhart Trying to Sell Real Estate Assets

According to sales information published by Gehrki Commerical Real Estate, Darrell Lainhart is attempting to sell his Hot Springs, AR, "Little Switzerland" property of over 2,500 acres for $6,000,000. Considering Mr. Lainhart's financial status in 1993 ( see Col. Cross' historical summary at http://www.cleantechnanoshareholders.com ), he seems to have raised a substantial amount of money for personal real estate investment. Many minority shareholders in CTIC would like to know if our investments were used in the purchase of this estate.

Cabin-mill

Cabin-mill

Cabin-mill

Cabin-mill
   

Update to Shareholders

June 30, 2009

Old CT Website Re-published


June 30, 2009 - It has recently come to our attention that Darrell Lainhart has re-published the CTIC website ( http://www.cleantechnano.com ), but without making many revisions that would make it accurate and in line with reality.  Lainhart lists his email address as:  dlainhart@cleantechnano.com.
 
As minority shareholders, some of the questions we would have for Darrell Lainhart would be as follows:

  • With all the supposed good news occurring with CTIC, why is there nothing new on the NEWS page, since Lainhart's "Update" of April 3, 2008?
  • The RESEARCH page implies that the University of Cincinnati is still doing research work for CTIC.  A question for Mr. Lainhart:  Can shareholders call/email UC and verify that research for CTIC is ongoing?
  • The ABOUT US/Locations section.  Since CTIC's beginning in 1993 and after millions of dollars in investments by minority shareholders, why is our "Corporate Office" only a P.O. Box in Sherwood, Arkansas?
  • The ABOUT US/The Company.  Is the "management team" really only two people (W. Darrell Lainhart and Anthony S. Wagoner) .  Is the photo of the office building on the same page located in Sherwood, or is it the office building where CTIC rented an office suite for one year, which was never occupied.
  • The ABOUT US/The Company.  Is it true that CTIC can "produce large quantities of pure, highly conductive carbon nanomaterials"?  Is it not true that CTIC has not produced any CNSC material in over a year?  Is it true that "CTIC will expand production facilities as demand requires" when there is currently no production facility to expand from?
  • On the SALES page.   Is CTIC's material really available in "3 grade levels" and is CTIC selling material by kilograms and pounds?

If minority shareholders of CTIC stock are concerned about the issues noted above, we would recommend that you try to obtain some answers from Mr. Lainhart at his published email address.
 
Concerned Shareholders' Executive Committee

(Copied to Arkansas Securities Department)

Update to Shareholders

June 24, 2009

From the Concerned Shareholders Executive Committee


June 24, 2009 - The Concerned Shareholders Executive Committee would like to thank those who have have responded to the request to contribute to the Legal Fund and/or be a part of pending litigation action.  Legal plans are proceeding as noted in the previous News item.  You still have the opportunity to participate.  For information on how to be a part of this effort, please go to:  ctshareholders@gmail.com  and you will receive Participation Guide. 

Continue to check the website for shareholder NEWS: www.cleantechnanoshareholders.com

LETTER IN RESPONSE TO ALLOGATION FROM DARRELL LAINHART By Danny Cross

Integrity

I highlight the word "integrity" because that seems to be the key component lacking in some of the actions taken by the principals of CITC. I have no desire to get into a tit-for-tat response to any allegations that Darrell Lainhart may be making regarding my honesty or my purpose in exposing to the shareholders what appears to have been happening inside the operations of CTIC. However, after receiving telephone calls from several concerned shareholders referring to allegations Darrell had made about certain property being stolen by me from CTIC, I decided to respond in the following informational format:

When I began to pursue the current actions to expose Darrell's handling of CTIC shareholders' investment proceeds, I stated too many shareholders that he probably would initiate a campaign to discredit me. Well, it has started! Darrell has lately alleged that while I was at the Houston processing plant, I stole a large amount of the Carbon Nanosphere Chain material that I had produced. Even though I addressed this issue in my second letter to you, some shareholders need further clarification.

After the last meeting Darrell and I had with Jim Carroll at his Houston processing plant on January 18, 2008, Jim had come to the conclusion that, until the cause of the chemical processing problems occurring within our technology could be determined, he would not continue to expend his money and resources. He did, however, agree to pursue one other possibility to determine what the problem was before he shut down the operation.

After that meeting, Darrell left for Little Rock and I returned to Florida the following day. Since it appeared that it might be sometime before I would be returning to Houston, and because we were receiving a number of requests for samples from companies desiring to test our material, prior to my departure from the processing plant, I took a 5 gallon container of CNSC material (approximately 475 grams) from the 55 gallon drum of material still on hand at the plant. Note: In recent conversations with Jim Carroll, the remaining material in the 55 gallon drum is still there.

My taking a small quantity of CNSC material was certainly not an unusual occurrence as I had shipped a considerable amount of material from my office in Florida to various companies from whom we had received signed research and analysis agreements. Companies like EADS/Airbus (485 grams of nano material) and EMPA (462 grams of nano material). EMPA is a Spin melt company in Switzerland specializing in spinning carbon material into thread.

I was the person who was responsible for controlling and sending out all nano material to various companies. As Darrell is well aware, I kept meticulous records as to how much material was made, how much weight loss occurred in the preliminary functionalization (processing done on the material after it was manufactured) as well as how much was sent to the various companies for testing. I continually kept Darrell well informed about what was happening, since Darrell and Tony were seldom at the manufacturing plant in Houston. However, Darrell seemed to be more interested in getting the information about the signed research agreements from these companies in order to use it for promotional purposes, rather than any interest in the details of how much we ultimately made or where it went.

After Darrell, via his attorney, began his campaign of threatening letters to Jim Carroll, Jim decided to shut down the refractory operation at the Houston plant. This was in the approximate timeframe of my leaving the company as the Operations Officer. On March 18, 2008, I received a letter from Darrell requesting that I return whatever property I might have in my possession that he felt belonged to CTIC. I responded to his request on April 18, 2008. (See enclosed letter.) As I had become quite familiar with Darrell Lainhart and his methods, I sent this letter, along with the equipment I had in my possession, by registered mail, receipt requested. You will notice in the aforementioned letter, that there is a card attached that Darrell signed on April 21, 2008, showing he had received my letter and the equipment he had requested.

I had previously been in contact with Jim Carroll at the Houston plant, and had notified him that I had left the company, and that I still had in my possession a 5 gallon container of nano carbon material. Since Jim Carroll had been the overall project director of the Houston production facility, I asked him what he wanted me to do with the nano material in my possession. He requested that I send the nano material back to him. As he was also the owner of Black Diamond Materials LLC, which owned the production plant and the manufacturing machine that we were using in Houston, I had no problem with returning the material to him. That afternoon I sent the material to Jim via FedEx.

However, this is where the story gets interesting. After Darrell received my above mentioned letter, he talked with Jim Carroll and asked if Jim would send the nano material to him. Jim Carroll was still enthused about the potential of the company and wanted to give it every possible chance, so he agreed and subsequently did send the material to Darrell in Little Rock. Jim was fully aware of the research agreements we had received, or that were pending, and felt that no matter what the internal strife within the company, it was important to get as much of this material as possible into the hands of those companies that wanted to test its capabilities. Darrell therefore is in possession of the alleged missing/stolen nano material!

When you weave a web of deception, you may well be the person who gets caught in that web. In this case I can easily document and support all of the information I have provided above. I can prove my integrity in this matter, but can Darrell prove his?

While I am on the subject of integrity, I would like to present to you some information I became aware of during the ongoing investigation into Darrell Lainhart's previous endeavors. The following is a chronological listing of Darrell's activities since 1967. I guess some people would call this a "Rap Sheet" while others may view it as a historical web of deception.

11-21-67

ND 67-224 LR-3864: DARRELL LAINHART PERMANENTLY ENJOINED FROM VIOLATIONS OF THE ANTI-FRAUD PROVISIONS OF THE SECURITIES ACT IN THE OFFER AND SALE OF THE COMMON STOCKS (SECURITIES) OF VIKING CORPORATION.

8-2-72

U 4 DISCLOSEURES THAT, ON AUGUST 2, 1972, AN ACTION STYLED "STATE OF KANSAS, ET AL. VS MODERN MARKETING, INC, ET AL.," CASE NO.115202, WAS FILED IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS. WITHOUT ADMITTING OR DENYING ANY ISSUE OF FACT OR LAW ALLEGED, DARRELL LAINHART CONSENTED TO A PERMANENT INJUNCTION FROM DOING BUSINESS IN THE STATE OF KANSAS FOR VIOLATION OF THE KANSAS LOTTERY STATUTE, SECURITIES ACT, AND ANTI-PYRAMID STATUTE AS A RESULT OF THE MULTI-LEVEL MARKETING PROGRAM OF MODERN MARKETING, INC. MODERN MARKETING CEASED DOING BUSINESS AND COMPROMISED ITS DEBTS BY MAKING PAYMENT TO CREDITORS HAVING VALID CLAIMS.

1-7-77

ND 77-5 REL 34-13140: 11-16-67 COMMISSION'S STAFF ALLEGES THAT LAINHART WAS PERMANENTLY ENJOINED, BY CONCENT ; (U.S. DISTRICT COURT – EASTERN DISTRICT OF ARKANSAS) 8-12-72 COMMISSION'S STAFF ALLEGES THAT LAINHART WAS PERMANENTLY ENJOINED, BY CONSENT (Re: KANSAS SECURITIES ACT-DISTRICT COURT OF SHAWNEE COUNTY, KANSAS) PUBLIC ADMINISTRATIVE PROCEEDINGS ORDERED;

5-4-77

ND77-86 REL 34-13460: SUSPENDED FROM ASSOCIATION WITH ANY BROKER-DEALERS FOR 90 DAYS AND PLACING CERTAIN SANCTIONS ON LAINHART. ACTION TAKEN PURSUANT TO AN OFFER OF SETTLEMENT IN WHICH HE CONCENTED TO ORDER WITHOUT ADMITTING OR DENYING THE CHARGES. EFFECTIVE 5-1-77.

3-21-78

ND 78-55: PUBLIC ADMINISTRATIVE PROCEEDCINGS INSTITUTED AGAINST DARRELL LAINHART (RESULTS). CENCURED, PURSUANT TO OFFER OF SETTLEMENT, WITHOUT ADMITTING OR DENYING ALLOGATIONS. LAINHART AGREED TO REPAY CERTAIN ADVANCES AND FEES WHICH WERE PAYED TO HIM DURING (rest of record is missing).

6-16-79

# N-277 COMPLAINT FILED IN DISTRICT #5 JON R. BRITTENUM AND ASSOCIATES, INC. AND DARRELL LAINHART.

05-23-80

STATE OF AR. NO. 80-26-S: DARRELL W. LAINHART, NOTICE OF THE INSTITUTION OF FORMAL ADMINISTRATIVE PROCEEDING. ON 05-27-80 THE COMPLAINT WAS DISMISSED.

11-02-81

SETTLEMENT AGREEMENT WAS ENTERED. U4 DISCLOSURES CASE NO. 80-2114 FILED IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS, SECOND DEVISION: FARYEWICZ AND ASSOCIATES, INC. AND EDWARD COBB vs THE TWIN CITY BANK vs JOHN L. FARYEWICZ AND ASSOCIATES, INC. AND DARRELL LAINHART. IT WAS ALLEGED THAT DURING LAINHART'S EMPLOYMENT AT TWIN CITY BANK HE BREACHED FIDUCIARY DUTIES. FAILED TO DETERMINE CUSTOMER SUITABILITY, ENGAGED IN UNAUTHORIZED TRADING OF BONDS, AND VIOLATED FEDERAL AND STATE SECURITIES LAWS AND REGULATIONS.

8-22-82

APPLICATION OF DARRELL LAINHART FOR MODIFICATION OF AN APRIL 22, 1977 ORDER IMPOSING REMEDIAL SANCTIONS WHICH PLACED LIMITATIONS ON MR. LAINHART'S SECURITIES RELATED ACTIVITIES.

02-18-86

COMPLAINT NO. NEW-480. COMPLAINT FILED BY DISTRICT N0. 5 AGAINST DELTA FINANCIAL INVESTMENTS CORPORATION (Darrell Lainhart as the CEO) DARRELL LAINHART, GANDY L. BAUGH, DATHRYN J. WILSON AND CATHERINE M. RISINGER ALLEGING VIOLATIONS OF ARTICLE III, SECTIONS 1 AND 21 OF THE RULES OF FAIR PRACTICE IN THAT RESPONDENT MEMBER, ACTING THROUGH RESPONDENT LAINHART…FAILED TO MAKE AND PRESERVE AN ACCURATE SECURITIES POSITION RECORD; FAILED TO MAKE AND CONDUCT AN ACCURATE SECURITIES POSITION COUNT; FAILED TO IMMEDIATELY GIVE TELEGRAPHIC NOTICE OF THE POSITION RECORD INACCURACIES AND WITHIN FORTY-EIGHT HOURS OF SUCH NOTICE, TO FILE A REPORT STATING WHAT STEPS HAD BEEN TAKEN TO CORRECT THE SITUATION; RESPONDENT MEMBER…FAILED AT VARIOUS TIMES TO MAKE AND PRESERVE AN ACCURATE RECORD OF THE COMPUTATION OF NET CAPITAL AND/OR RESERVE REQUIREMENT ON THE FOCUS PARTS I AND II FILED WITH THE ASSOCIATION; ENGAGED IN A SECURITIES BUSINESS AT TIMES WHEN IT FAILED TO MAINTAIN MINIUM REQUIRED NET CAPITAL…FAILED TO GIVE IMMEDIATE TELEGRAPHIC NOTICE OF THE NET CAPITAL DEFICIENCIES; … FAILED TO ACCURATELY COMPUTE THE AMOUNT REQUIRED TO ON DEPOSIT IN THE SPECIAL RESERVE DEPOSIT TO SAID ACCOUNT THE AMOUNT REQUIRED IN ACCORDANCE WITH SEC RULE 15c3-3. FAILED TO GIVE IMMEDIATE TELEGRAPHIC NOTICE OF THE FAILURE TO MAKE SAID DEPOSITS; …WITHDREW FUNDS FROM THE SPECIAL RESERVE BANK ACCOUNT AND FAILED TO MAKE A TIMELY RECORD OF THE COMPUTATION ON THE BASIS OF WHICH SUCH WITHDRAWAL WAS MADE;… FAILED TO OBTAIN PROPER WRITTEN RESERVE BANK CONTRACTS AND NOTIFICATIONS;…FAILED TO MAKE AND PRESERVE ACCURATE LEDGERS REFLECTING EXPENSES ACTUALLY INCURRED BY OR PROPERLY ALLOCATED TO THE RESPONDENT (Darrell Lainhart) MEMBER.

05-15-86

THE ARKANSAS SECURITIES DEPARTMENT STAFF INSTITUTED FORMAL ADMINISTRATIVE PROCEEDINGS AGAINST DARRELL LAINHART AS PRINCIPAL OF DELTA FININCAL. THE COMPLAINT ALLEGES THAT DURING THE PERIOD FROM JANUARY 1, 1985 UNTIL APRIL 18, 1986, LAINHART WAS DESIGNATED BY DELTA AS A PRINCIPAL OF THE BROKER/DEALER. LAINHART WAS THE PERSON ACTING AS THE BROKER/DEALER, THE PERSON DIRECTLY CONTROLLING THE BROKER/DEALER, AND THE PERSON HAVING DIRECT SUPERVISION OVER THE PURCHASE AND SALE OF SECURITIES IN ARKANSAS IN ALL EVENTS AND TRANSACTIONS RECITED IN THIS COMPLAINT. EACH OF THESE TRANSACTIONS RESULTED IN A MARKUP TO THE CUSTOMER WHICH WAS IN EXCESS OF THE DEPARTMENT'S ESTABLISHED GUIDELINES. THE TRANSACTIONS WERE EFFECTED WITHOUT EXERCISING REASONABLE DILIGENCE RESULTING IN EACH TRANSACTION HAVING AN EXCESSIVE MARKUP CONSTIUTING A VIOLATION OF RULE 6.01 (1). EFFECTING TRANSACTIONS WITH EXCESSIVE MARKUPS ALSO CONSTITUTE A DISHONEST AND UNETHICAL PRACTICE IN THE SECURITIES BUSINESS UNDER SECTION 6 (a) (2) (G) OF THE ACT. BOTH VIOLATIONS CONSTITUTE GROUNDS FOR THE SUSPENSION OR REVOCATION OF THE REGISTRATION OF LAINHART. A HEARING BEFORE THE COMMISSIONER PURSUANT TO RULE 30.04 OF THE RULES OF THE ARKANSAS SECURITIES COMMISSIONER, WILL BE HELD ON JUNE 18, 1986 TO CONSIDER WHETHER THE REGISTERATION OF THE NAMED RESPONDENT SHOULD BE SUSPENDED OR REVOKED.

O9-30-86

DECISION RENDERED WHEREIN RESPONDENT LAINHART…WAS SENSORED, FINED $10,000, AND JOINTLY AND SEVERALLY ACCESSED COSTS OF $6,761.53.

11-14-86

DECISION FINAL.

02-09-87

NASD COMPLAINT # - 480 DISCLOSES THAT A PENDING SUIT, WAS FILED ON FEBRUARY 9, 1987 IN THE U.S.DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, WESTERN divISION (CASE NO. LRC87-101); "EDWARD FOSTER AND EDWARD KEVIN FOSTER, PLAINTIFFS, v. WILLIAM DARRELL LAINHART, DEFENDANT." THE COMPLAINT ALLEGES THE FOLLOWING: IN JULY OR AUGUST 1983, LAINHART APPROACHED THE FOSTERS WITH THE IDEA OF ESTABLISHING AN INVESTMENT BANKING FIRM. HE ASKED THEM TO PROVIDE FUNDS NECESSARY TO ESTABLISH THE FIRM. IN SEPTERMBER OR OCTOBER 1983, EDWARD KEVEN FOSTER (E.K. FOSTER) PROVIDED LAINHART WITH $150,000 TO BE USED TO ESTABLISH THE FIRM. IN NOVEMBER OR DECEMBER 1983, EDWARD FOSTER LOANED LAINHART $350,000 OUT OF EDWARD FOSTER'S PENSION AND PROFIT SHARING PLAN TO BE USED BY THE INVESTMENT FIRM. LAINHART AGREED THAT E. K. FOSTER WOULD RECEIVE 50% OF ALL PROFITS MADE BY THE INVESTMENT FIRM. E.K. FOSTER REQUESTED THAT LAINHART PUT THE AGREEMENT IN WRITING; LAINHART STATED THAT THE AGREEMENT COULD NOT BE REDUCED TO WRITING BECAUSE FEDERAL LAW, ERISA, WAS VIOLATED BY THE TRANSFER OF MONEY FROM EDWARD FOSTER'S PENSION AND PROFIT SHARING PLAN. IN 1986, THE DEBT TO EDWARD FOSTER HAD GROWN, WITH INTEREST, TO $524,000. LAINHART OFFERED TO SATISFY THE DEBT BY GIVING EDWARD FOSTER STOCK IN THE INVESTMENT FIRM. LAINHART REPRESENTED THAT THE STOCK WAS WORTH ONE DOLLAR A SHARE. BASED UPON THAT REPRESENTATION, EDWARD FOSTER ACCEPTED 500,000 SHARES OF STOCK IN THE INVESTMENT FIRM AND $24,000 IN CASH AS SATISFACTION OF THE DEBT. AT APPROXIMATELY THE SAME TIME AS EDWARD FOSTER ACCEPTED THIS STOCK. LAINHART PURCHASED 900,000 SHARES OF STOCK IN THE INVESTMENT FIRM FOR FIVE CENTS A SHARE. (DOES THIS IN ANY WAY SOUND FAMILIAR) WHEN E.K. FORSTER FURNISHED LAINHART WITH THE MONEY TO ESTABLISH THE INVESTMENT FIRM, LAINHART SOLD E. K. FOSTER STOCK IN THE INVESTMENT FIRM AS AN INDUCEMENT TO MAKE THE INVESTMENT. E.K. FOSTER WAS ISSUED 10,000 SHARES OF PREFERRED STOCK WHICH WERE LATER CONVERTED TO 2,000,000 SHARES OF COMMON STOCK. AS A FURTHER INDUCEMENT, LAINHART STATED TO E.K. FOSTER THAT THE COMPANY WOULD BE TAKEN "PUBLIC" IN THE NEAR FUTURE AND THE VALUE OF HIS STOCKS WOULD INCREASE DRAMATICALLY. LAINHART MAKE THE SAME REPRESENTATION TO EDWARD FOSTER TO INDUCE HIM TO ACCEPT THE 500,000 SHARES IN SATISFACTION OF LAINHART'S DEBT. LAINHART BREACHED HIS CONTRACT WITH E.K. FOSTER BY FAILING AND REFUSING TO PAY E.K. FOSTER ½ OF THE PROFITS OF THE INVESTMENT FIRM. LAINHART HAS WITHDRAWN AT LEAST $5,000,000 FROM THE FIRM IN THE FORM OF SALARY AND BONUSES. E.K. FOSTER HAS RECEIVED ONLY $5,000 A MONTH FROM THE FIRM AS A SALARY PAYMENT AND OTHER COMPARATIVELY SMALL AMOUNTS AS BONUSES AND ADVANCES. E.K. FOSTER HAS RECEIVED NO PROFITS FROM THE FIRM. HE HAS BEEN DAMAGED IN THE AMOUNT OF $7,000,000 AS A PROXIMATE RESULT OF LAINHART'S BREACH OF CONTRACT. THE STATEMENTS WHICH LAINHART MADE TO THE FOSTERS TO INDUCE THEM TO INVEST IN THE FIRM OR TO LOAN MONEY TO LAINHART WAS NOT FOR THE PURPOSE FOR WHICH IT WAS INTENDED. HE INTENDED THE FOSTERS TO RELY UPON THE STATEMENTS, AND THE FOSTERS JUSTIFIABLY RELIED UPON THE FALSE STATEMENTS. EDWARD FOSTER HAS SUSTAINED DAMAGES OF $750,000 AS A PROXIMATE RESULT OF LAINHART'S FRAUD. THE FRAUD, DECEIT, AND MISREPRESENTATIONS CONSTITUTE VIOLATIONS OF FEDERAL SECURITIES LAW (SECTION 10 OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE 10b-5 OF THE SEC) AND ARKANSAS STATUTES (SECTION 67-1235). EDWARD DEVIN FOSTER SEEKS JUDGEMENT FOR $7,000,000 IN COMPENSATORY DAMAGES AND FOR $5,000,000 IN PUNITIVE DAMAGES; AND EDWARD FOSTER SEEKS JUDGEMENT FOR $750,000 IN COMPENSATORY DAMAGES AND FOR $5,000,000 IN PUNITIVE DAMAGES; AND THEY BOTH SEEK COSTS AND ALL OTHER PROPER RELIEF.

06-08-87

COMPLAINT NO. NEW-556 FILED BY DISTRICT NO. 5 AR AGAINST RESPONDENTS DELTA FINANCIAL INVESTMENT CORPORATION AND GANDY L. BAUGH ALLEGING VIOLATIONS OF ARTICLE III, SECTION 1 AND 21 OF THE RULES OF FAIR PRACTICE…AT VARIOUS TIMES FAILED TO COMPUTE ACCURATELY THE AMOUNT REQUIRED TO BE DEPOSITED IN THE SPECIAL RESERVE BANK ACCOUNT FOR THE EXCLUSIVE BENEFIT OF THE CUSTOMERS; THEREAFTER FAILED TO DEPOSIT THE REQUIRED AMOUNT WITHIN THE REQUISITE TIME PERIODS; FAILED TO GIVE IMMEDIATE TELEGRAPHIC NOTICE OF SUCH FAILURES; AND INACCURATELY REPORTED ITS RESERVE ACCOUNT REQUIREMENT.

08-30-88

COMPLAINT AMENDED TO ADD RESPONDENT WILLIAM D. LAINHART WITH THE FOLLOWING ADDITIONAL CHARGES; IN THAT ON SEVERAL OCCASIONS, THE FIRM, ACTING THROUGH LAINHART AND BAUGH, FILED INACCURATE FOCUS I FOCUS II REPORTS, FAILED TO MAINTAIN ACCURATE BOOKS AND RECORDS, NEGLECTED TO MAKE ACCURATE COMPUTATIONS OF NET CAPITAL, AND ENGAGED IN A SECURITIES BUSINESS WHEN IT FAILED TO MAINTAIN THE REQUIRED MINIMUM NET CAPITAL. ALSO, THE FIRM, ACTIN THROUGH LAINHART AND BAUGH CONDUCTED SAFEKEEPING ACTIVITIES IN CONTRAVENTION OF ITS VOLUNTARY RESTRICTION AGREEMENT. THE FIRM, …ENGAGED IN A SERIES OF REPURCHASE/REVERSE REPURCHASE TRANSACTIONS OF U.S. TREASURY BONDS TO ASSIST AN INSTITUTIONAL CUSTOMER IN CONCEALING TRADING LOSSES. THESE TRANSACTIONS WERE NOT RECORDED ON THE FIRM'S BOOKS AND RECORDS BECAUSE THEY WOULD HAVE REQUIRED ADJUSTMENTS IN THE FIRM'S NET WORTH THAT WOULD HAVE PLACED THE FIRM UNDER CAPITALIZED.

07-27-89

DECISION DELIVERED,-WHEREIN THE OFFER OF SETTLEMENT SUBMITTED BY RESPONDENTS WAS ACCEPTED;-THEREFORE, RESPONDENT MEMBER (DELTA FINANCIAL) IS SENSORED, FINED $50,000, AND EXPELLED FROM THE MEMBERSHIP IN THE (NASD) ASSOCIATION; RESPONDENT LAINHART IS CENSURED; FINED $7,500, AND SUSPENDED FOR A PERIOD OF FOUR MONTHS FROM ASSOCIATION WITH ANY MEMBER OF THE ASSOCIATION IN ANY CAPACITY.

09-26-88

CONFESSION OF JUDGEMENT ENTERED IN THE MATTER OF COSMOPOLITAN STATE BANK vs DELTA FININCAL CORPORTAION ("DELTA"). DELTA CONFESSED JUDGEMENT FOR THE SUM OF $160,449.08 WITHOUT ADMISSION OF FAULT BY ANY OF THE DEFENDANTS. JUDGEMENT IS ENTERED IN LIEU OF THE CONTINUING COST OF LITIGATION. DELTA DOES NOT AGREE THE INDEBTEDNESS IS THE RESULT OF ANY VIOLATION OF SECURITIES LAWS OR RULES OF ANY REGULATORY AUTHORITY. JUDGEMENT WAS SIGNED BY WILLIAM LAINHART AS CEO OF DELTA. CASE NO. 5-85-4401, STATE OF MINNESOTA, DISTRICT COURT, TENTH JUDICIAL DISTRICT.

This pretty much catches everyone up-to-date as to Darrell Lainhart's activities prior to his becoming involved with CTIC. The follow on activities have either been covered or will be covered at a later date.

Many of you have been asking as to what is presently being done to try and rectify the current problems with CTIC and get it back on tract. Rest assured that we are doing everything possible in trying to make that happen. For obvious reasons I cannot disclose that in this forum. There are many avenues that are being explored in this on going process. If you think that you have information that might be beneficial in the ongoing investigation and legal actions or just want to be involved, please address it on this web site, or if you feel more comfortable by doing so just write me at:

Danny Cross
441 Woodbine Dr.
Pensacola, Fl. 32503
Or call
Tel. 850-438-5918.

Please keep in mind that I am only one person and will try and answer your letters and take your telephone calls, however, it appears that there are as many as 500 shareholders out there.


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Via Registered mail, receipt requested April 18, 2008

To: Mr. Darrell Lainhart, CEO Clean Technology Int. Corp.
72 Shoshoni Dr.
Sherwood Arkansas, 72120

From: Charles D. Cross
441 Woodbine Dr.
Pensacola Fl. 32503


Subj: Return of Clean Technology International Corp. (CTIC) property

Dear Darrell:

I am in receipt of your letter dated March 18, 2008 whereas you requested that I return what property that I might have in my possession that was owned by CTIC. This is to re-confirm that I sent to you, by FED EX (Receipt required) on April 10, 2008 the following items that I had in my possession: One laptop computer, 5 CDs, one cel phone and a set of keys that are to the office trailer in Houston Texas. I have also enclosed two CTIC credit cards with this correspondence. An American Express Business Platinum card, number 3727-147449-81057, and an Exxon Mobile card number7187358223333875. Neither of which have been used. As far as any other equipment that you refer to in your letter, I have no idea what you are talking about. If there is something that you think I might have, I sure would like to know what it is. I would be most happy to return it.
As far as the nano material that you requested, since the material was removed from the Black Diamond LLC site (1718 Lauder Rd) in Houston Texas and as Jim Carroll was the overall project manager, he requested/directed that I return the material to him. I therefore complied. You might want to contact Mr. Carroll about the above mentioned material.
You have requested and I have complied with you in returning all items that are owned by CTIC. I would like to ask of you the same courtesy and that is: I would like for you to return my 12 foot trailer that you used to take the small Aluminum reactor to Houston. You at one time told me that you had loaned it to Jim Carroll. Further, I would like for you to issue to me the 10 to 12 million shares of stock that you agreed to give me for the two and one half years of fulltime service and management that I provided for CTIC at the Houston Texas plant, starting in Sept 2005 and ending in Feb. 2008.
Please give this letter the attention and urgency that it deserves. Best regards.



Sincerely



Charles D. Cross, Stockholder



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Recent News and information as of
1 September 2008 by Danny Cross

Recently another Director resigned from the Board of CTIC. As I mentioned in my first letter to the Arkansas Securities Department and to the shareholders, Jim Carroll resigned from the Board of Directors of CTIC after holding that position for approximately 7 years. In my conversations with Jim, he indicated that to the best of his memory, Mattie and Darrell Lainhart (sole owners of Diamond Capital Corporation and majority owner of CTIC) had only called three Board of Director meetings in his 7 years on the Board.

When I gave Jim the information I had regarding what had been happening with company funds as well as the transfer of large blocks CTIC stock to Diamond Capital, he immediately had his attorney send Darrell and Mattie Lainhart a letter, demanding the right to review the financial records of CTIC. Darrell responded in writing, refusing him that right. Aware of his great fiduciary responsibility to the CTIC stockholders, and knowing that he could not provide oversight of the activities of the company without having access to its financial records, Jim immediately resigned. This was sometime in May or June of 2008.

On June 25, 2008, three days before the shareholders meeting in Las Vegas, I called another Director and disclosed some of the information that I presented in the above mentioned letter. Needless to say, he was quite skeptical and non-committal as to whether he believed what I had told him.

At the shareholders meeting I did not have an opportunity to address the matter further with him personally, but upon my departing to the airport for a return trip to Florida, I received a telephone call from him. He certainly had not liked the tenor of the shareholders meeting that had been conducted by Darrell Lainhart. He could not understand why Darrell had and was continuing to refuse to give shareholders access to the financial records and to the Stockholders List, the Articles of Incorporation and By-laws of the company. His position was, if there was nothing to hide, why refuse the investors the right to see how the money was being spent or to have access to communicating with other shareholders.

Darrell always used the excuse that "he did not have to give this information to any shareholder unless they were in possession of at least 15% of the total stocks of the company". However the question was still there; so what! If you have nothing to hide you can defuse this situation rather easily by just making the records available. Darrell's rebuttal to this was that, "this is a privately held company and that he (Diamond Capital Corp.) was the vast majority stockholder and therefore he did not have to nor would he comply."

This individual Director requested that he, in his official capacity as an active member of the Board of Directors, be given the authority to review the financial records of CTIC. Darrell also refused him that request. By now this Director was fully aware of his fiduciary responsibility to all of the stockholders, and was becoming aware that he could not properly conduct his official responsibilities as a member of the Board, so he also promptly resigned.

This resignation now leaves only Darrell Lainhart and family as the primary members of the Board. I'm not sure how much Tony Wagner (Chief Technical Officer) is involved with the activities and conduct of CTIC. Since he is the only non-family member still sitting on this board, you as stockholders may want to ask him what he is doing to protect your interests in respect to the activities of CTIC. I truly doubt that Tony knows what kind of situation that he is in.

Those of you who want to know what Tony is doing about protecting your interests, may want to call or write him at:

Tony Wagner
614 North Rockwood,
Buchanan Dam, Texas 78609
Tel: 512-793-2896

It is still amazing to me that Darrell and Mattie Lainhart would appoint all of the members of the Board of Directors, call very few board meetings, and yet expect those Directors to take on the fiduciary responsibility the position demands-especially when coupled with the fact that board members are denied access to company records that are paramount in their making any kind of decision regarding the conduct and operation of CTIC. This cavalier attitude is why we are where are at this time. In an effort to try to keep you informed, I will be following up with additional information in the next few days.


Letter written by Danny Cross

This correspondence is in response to the most recent letter sent by "Management" of CTIC (signed by Darrell Lainhart's daughter, Julia Butler) to a select number of shareholders.

First, I would like to point out that Darrell indicated in his letter that he was aware of this website, yet he made absolutely no attempt to refute or address any of the issues raised in my comments as to what has been happening with CTIC for the past 10 years. Since he was silent on those issues, one could assume he has no rebuttal. As I have always believed, the truth stands on its own, and presents a tremendous hurdle to overcome, particularly if you try to refute it in writing. With that in mind, I would like to point out and address the issues that Darrell raised in his memorandum dated July 31, 2008.

The letter indicated that there were to be two directors elected to the Board of Directors. It would appear that some of the directors have become aware of the liability they may be under by serving on this board. As I pointed out in earlier correspondence, the board of directors has a very strong fiduciary responsibility to protect the interest of all the shareholders, not just the Lainharts/Diamond Capital.

Board members will have a difficult time explaining how they allowed the Lainharts on Dec. 9,, 2003, to transfer 225 million shares of CTIC stock to Diamond Capitol Corporation (a company 100% owned by Mattie and Darrell Lainhart) in 5 and 10 million share increments. If Darrell sold stocks to you and I for $1 to $5 per share, with $1.67 being the primary offering price, according to many shareholders, just think of the asset value the Lainharts transferred to themselves. At $1.67 per share, the value of CTIC stock transferred to Diamond Capital on that day would equal $375.7 million. I think we would all question whether Darrell's management services would be worth the value that he has taken from the company in the form of the above mentioned shares of stock.

The above transfer was only for the year 2003. Between the years 2003 and 2005, Darrell and Mattie Lainhart transferred 252,278,950 shares of stock from the CTIC treasury to Diamond Capital Corporation, a company from which many of us unknowingly purchased our CTIC stocks. (These transfers do not include the approximately 5 million shares the Lainharts have issued to their family members). Not only have they been selling us back our own CTIC stock through Diamond Capital, but they have continued to dilute the value of the stocks we already owned.

As of this publication, Darrell and Mattie Lainhart have issued (one must assume with the approval of the board of directors) a total of 303,459,249 shares of common stock from the CTIC treasury. Of that total, approximately 258 million shares have been issued to Diamond Capital, Mattie Lainhart, and family members. Tony Wagner, a director and "Chief Technical Officer" holds 6,093,443 shares of common stock along with some stocks in his son's name. Of the remaining approximately 39 million shares of common stock, around 4 million shares have been given to various individuals for services rendered; etc. That leaves approximately 35 million shares that actually have been sold to the rest of us. If these stock sales averaged $1.67 per share, the Lainharts could have raised as much as 58 million dollars. If that figure is even close, why did Darrell indicate we were always struggling to raise more money to keep CTIC going forward? You can draw your own conclusions on that! How much research could have been done, how many machines could we have built, and how much farther along toward getting into the market place would we be if that amount of money actually had been used for what we were led to believe it would be used for? Also, do the calculations as to how much your shares have been diluted. Compared to the overall distribution of CTIC stocks that has occurred over the past few years, just how much do you think your stocks are now worth, no matter what success CTIC may have in the future? This could clarify why Darrell has refused to allow anyone to review the financial records of the company. Question? Is there "any" shareholder out there that has ever been given an opportunity to review CTIC's financial records.

There are presently 337 listed shareholders who have common stock of CTIC; however, there appear to be many more out there who are "in the shadows". (This will be explained at a later time.) Darrell is presently soliciting applications for the board of directors. Under the present circumstances, how many of you would want to sit on that board? Such a position comes with tremendous responsibility that apparently hasn't been exercised by the past board of directors.

Now back to Darrell's memorandum: Darrell reports that he has a signed contract with EADS. (Darrell constantly uses what I call "the snake charmers trick" whereas the snake charmer is constantly moving his right hand to keep the snakes eyes on that movement while he slowly moves his left hand around and grabs the snake by the back of his head.) That is what Darrell appears to be doing when he refers to this EADS "contract."

As I had mentioned in my previous letter, Tom Strickland and I had set up the meeting with EADS at the University of Cincinnati. After our discussions with them, EADS requested that we sign a non-compete, non-disclosure, confidentiality agreement. This was to insure that, if they were to do hundreds of thousands of dollars of research utilizing our nano material, that any scientific information they gained from these experiments would be freely shared with us, but to no one else. With this agreement they would openly communicate to us their findings. In other words, they did not want to spend all of this money and then, possibly have us take their research and give it to someone else like Boeing.

Since I had been the one who was dealing directly with EADS, Darrell instructed me to put something together to send to them to cover their request. I went over every aspect of that research and analysis agreement with Darrell prior to my sending it to EADS for their signature. Upon receiving the agreement, and after approximately three weeks of wrangling with their legal department requesting changes, which I refused, they ultimately signed.

Again, Darrell and I were in daily contact and I made him aware of all of the effort that was being put into getting the agreement signed. He was ecstatic when we did manage to get their signature.

As soon as I received the agreement, I signed the original and sent one signed copy back to EADS. Darrell then instructed me to send him the original and to keep a copy. This I did. This also is exactly how I handled all of the other eight research and analysis agreements that I managed to get companies to sign. When these agreements were returned signed, Darrell saw the opportunity to use the agreements to promote CTIC, both on the website and in written correspondence. This of course gave him, as he told me, an opportunity to raise more money for our overall operations. These were agreements that companies had signed obligating them, at the very least, to let us know the results of their testing.

For over a year we had been attending various nano conferences around the country displaying our nano material. We gave away many free samples of our nano material to various companies; however, we were not getting any information back as to whether they had ever done any experiments with the material. This was because we had no contract, or any kind of legal obligation that they had to sign requiring them to actually test our material. To address this problem, I and Tom Strickland (with Tom's attorney's help) drafted a three page non-compete/non-disclosure confidentiality agreement that we required each company to sign if we were to supply them with samples of our nano material. This was for the purpose of insuring that they ran tests with our material within a three month time frame, and obligating them to share the results with us. We were trying to give some legitimacy to the value of our material by requiring them actually to test our material as well as share with us the results.

Keep in mind that this was nothing more than a research and analysis agreement for the testing of our nano product. The hype that you may have heard in the past was that there are companies out there that just begging for our material. That is not necessarily the case. There are companies that have an interest; however, since this is a one of a kind type of material, companies must do a great deal of expensive research and analysis within their labs to see if they can utilize our material for the purpose of enhancing their products. This research and analysis agreement has absolutely nothing to do with how we make our material, the type of equipment that we may be using, or in any way have anything to do with the processing.

So much for the accusation that Darrell presents about these agreements not protecting our product.

The "contract" with EADS that Darrell mentioned in his letter is nothing more than a non-compete/non-disclosure confidentiality agreement for EADS to test our material. It is not a contract for the purchase of large volumes of our material. In other words, it has no short term benefits to CTIC or to us as shareholders.

Darrell also addressed how one goes about establishing a value for all of our patents. This is very interesting, as it would appear that from Darrell's perspective, all anyone has to do is to file a patent and it immediately has value. The filing of a patent is no more than registering a claim as to how one may be creating or manufacturing something. The patent does not give legitimacy to the actual process or method claimed in the patent. What all patents do is determine if someone else may have filed the same or very similar claim earlier than the one that is being filed. If you wanted to file a patent on developing a pet rock, and if no one else has already done so, then you would receive your patent on the pet rock. That in no way determines whether the patent has any value.

I find it interesting that, no matter how much might be spent for an evaluation, how would you establish a true value on the more than 40 patents (according to Darrell) that CTIC holds. I'm not aware of any purchase contracts that CTIC might have signed with anyone. Darrell certainly did not mention it at the shareholders meeting nor in his most recent letter. So how is there any value at this time to our patents, if we have sold nothing, either in the environmental waste arena or in the nano world? Just remember what I said earlier about the "snake charmer."

Concerning the statement about the company losing a "large amount of nano product and an accompanying effort to duplicate those products while trying to conceal those efforts," the person Darrell is referring to in that statement would have to be me, as I am the only one from CTIC who has ever made any nano material at the Houston facility. Since I am the only one from CTIC that truly knows how to make the material and am the person who weighs all of the material, why would it be necessary for me to try and duplicate something that I already know how to make?

The second question would be, since I am the only one who knows how much material was made, as Darrell nor Tony Wagner ( Chief Technological Officer) was seldom in Houston, how would Darrell have a clue as to whether I might have taken material or not? Of what benefit would it have been to me? There are no lines of people begging for our material. Not only that, this material has, I guess you could call it a DNA footprint that would allow it to be identified as material made with our patents. Although I am confident that in a few years there could be market for our material if CTIC is properly managed, there is no market at this time for our material. We are still in the research phase of development to find commercially viable applications for our material.

Again, as Darrell is so apt to do, his statement that "consultants employed by CTIC in the manufacturing process were threatened when they discovered that an effort was underway to try and take over CTIC by removing valuable and necessary data equipment used in monitoring the manufacturing process," I can only presume that Darrell is again talking about me regarding this endeavor.

Since I was the only person that had been on the premises at the Houston plant on behalf of CTIC during the last two and one half years (with the exception of the rare visits from Darrell and Tony), although you would think that Darrell is referring to some recent occurrence, I can only assume that Darrell is referring to the activities that occurred when I first went to Houston about three years ago.

As I indicated in my earlier letter, the management and operations at the site were abysmal at best. The person who was in charge on CTIC's behalf was an individual by the name of Stu Dimwitte who purported to have a PhD in Physics. After observing him for a short period of time, I recommended to Darrell that he should be dismissed from his consulting position with the company. After a considerable amount of time Darrell agreed and on March 2, 2006, Darrell ordered him by telephone to leave the premises. Darrell further called me and instructed me to search the trailer that Dimwitte had on the premises to insure that he was not taking any of CTICs equipment or software. Dimwitte was gracious about it and after I did a casual look through, he departed for his home in New Mexico. I have not seen the man since. However, I have been told that he is now back in the employ of Darrell and they have concocted the above to try in some way to discredit me. Again, "The snake charmer routine"!

The next item that Darrell addressed in his letter was the actions at the CTIC shareholders meeting held in Las Vegas on June 28, 2008. I will defer to Tom Strickland to respond to that issue. I presume from Darrell's comments about the stockholders meeting that he was not aware that it was being tape recorded by at least two different people who were present.

The last issue that I think needs to be addressed as far as the letter Darrell sent to some stockholders, deals with the Board of Directors meeting on the topic of the machine having been sabotaged and alleged dangerous events where the Chief Operations Officer (that would be me of course) had violated known safety standards and endangered some other people working around the machine. The drafter of the minutes stated that "Stu Dimwitte, a consultant for CTIC reported that the machine had been sabotaged and that all of the data connections had been removed thereby causing a loss of quality control and verification processes". I highlight this only for one purpose and that is to show to what extent Darrell will go to discredit someone he is fearful of or in some way might be a threat to his promotional agenda. As I mentioned earlier, Dimwitte was summarily removed from the Houston plant property over two and one half years ago. He never returned to that property during the entire time I was there.

During a conversation with Jim Carroll, who is the shareholder who paid for and built the aluminum reactor we used to manufacture the nano material, and who also owns the property where the processing plant and all of CTIC's processing equipment is located, assured me that Dimwitte had not been back on that property since March of 2006. Consequently, one would wonder how Dimwitte would make the above statements without having had the ability to visit the premises where all of this sabotage was to have taken place. To further emphasize this point, the nano material we were producing just prior to shutdown of the plant had not been discovered while Dimwitte was working in Houston. How would he know what instrumentation that would be needed to effectively monitor the quality control and verification of the present reactor or its process? It would appear that Darrell Lainhart has a paid consultant on his staff who will fabricate anything that might fit Darrell's agenda.

In closing, I would like to state that my motivation in pursuing the activities of CTIC is for three purposes: One is to try and protect as best I can the interest of all of those shareholders that I got involved in this endeavor. In doing that, I feel that it is important to present as much accurate information as I have available, so each and everyone of you can, at the very least, make informed decisions as to what actions you may want to initiate in protecting your own interests in this company. (A common phrase used by Fox News is "I report, you decide".) Second- frankly I can afford to absorb the loss I would take on this investment, however there are many other stockholders that cannot. It is just not in my nature to walk away from a situation whereas I and my friends have been wronged. Not only that, after listening too many of the stories from stockholders as to what had been ingrained into their minds from Darrell Lainhart and seeing their hopes and dreams evaporating, I wanted to, in some way, try and help reverse the course this company seems to be heading. Particularly after the major sacrifices that many of them had made in acquiring the money necessary to make their stock purchases. Third- under the right circumstances, I think that CTIC has a great technology that could be developed and brought to market.