The Principal has forwarded this email thread to me and I have asked him to post this response on my behalf as I am not a subscriber or member of this association. My name is J.C. Ferrer and I am a partner in the Miami office of the law firm Holland & Knight LLP. I have represented S7 Investments since its inception and its principal for over 15 years. In that time I have assisted Principal , S7 Investments and several other affiliated entities with dozens of aircraft sales and purchases, including the acquisition of N582JS. I am happy to address each of your points but before doing so I must say that this is a shockingly unprofessional way to treat a member of your organization. Protecting your members is certainly a noble aspiration but to do so by publically attacking another member without any proof of wrongdoing is, in my humble opinion, completely wrong.
To address your concerns, Principal is not a U.S. citizen so S7 Investments needs to use a non-citizen trust to register N582JS in the United States. Bank of Utah is the owner trustee of the trust and provides owner trustee services to hundreds of similarly situated companies and individuals (as do several other well-known entities, including TVPX and Wilmington Trust). This is a perfectly lawful, and very common, practice. I am surprised that you are not familiar with Bank of Utah or the use of non-citizen trusts to own aircraft.
As for S7 Investments, it is a Delaware LLC engaging in aircraft acquisitions and sales with its principal place of business in Delaware. It is fully compliant with Delaware law and in good standing in Delaware. The Ft. Lauderdale address provided to you corresponds to another of Principal’ businesses and was provided out of convenience because N528JS happens to be based at KXFE. Contrary to your statement, based on S7 Investments’ activities there is no legal requirement that it be registered to do business in Florida. The S7 Investments in question has no relation to the other S7 Investments that you reference in your post.
In short, you have jumped to a series of incorrect, and insulting, conclusions. I can assure you that (i) S7 Investments is genuinely in the aircraft trading business, and (ii) S7 is the beneficial owner of N528JS through a non-citizen trust where Bank of Utah is the owner trustee. Since there are clearly “trust” issues here (although I don’t know why) feel free to check my website and LinkedIn page or do a Google search on me – I am very well known in this industry. I am happy to discuss the matter further if you wish – my complete contact information is set forth below. Regardless, I hope that you clear S7 Investments’ name in these postings with the same vigor that you implied that was a “scammer” without any proof to that effect. This communication is without prejudice to any of S7 Investments’ and Principal's rights and remedies in this matter, each of which is hereby expressly reserved.
Respectfully, J.C. Ferrer
J.C. Ferrer | Holland & KnightPartnerHolland & Knight LLP701 Brickell Avenue, Suite 3300 | Miami, Florida 33131Phone 305.789.7748 | Fax 305.679.6304[email protected] | www.hklaw.com
Ross....congratulations on your purchase!
Clarissa CabralIn short, you have jumped to a series of incorrect, and insulting, conclusions.
All we have to go by, is your representative's post in the COPA marketplace. There has been an increase in fraudulent "for sale" postings in the COPA marketplace forum as of late, with many COPA members being scammed. To protect the members from ongoing fraud in the marketplace forum, the board has had to become very proactive to protect it's members. I myself, can't thank them enough for this. I was almost scammed out of $800, for a non-existent set of BOSE A-20's, but thankfully the post was identified as a scam before any money changed hands. Some of the signs that have shown up in the past, to help tip-off potential fraudulent 'for sale' posts include:
1) Newly signed up member, making a 'for sale' post as one their first posts. (The post for this aircraft for sale is one of the OP's first posts)
2) Inaccurate information in the COPA member profile. (The OP states in their profile that they hold an ATP FAA license, but a search of the FAA database shows no one by that name holding any FAA rating)
3) Dead links or links that go to websites with inaccurate information. (The link to the aviation website 'Controller' in the OP's initial post shows photos of an aircraft with a different N number than in the OP's COPA marketplace post.
4) Website links that go no where. (The website link given goes to a dead site)
5) An asking price that is almost "too good to be true". (The asking price for the Phenom jet in the OP's post, appears to be at the very low end of what these types of aircraft usually sell for)
I think that you can understand why more information might be requested by the COPA members and board, in light of the ongoing issues that there have been lately with marketplace fraud and the red flags that this post raised. The post was never deleted, but more information was requested. I feel that this was completely, the right thing to do, IMHO.
Clarissa CabralRespectfully, J.C. Ferrer
With all due respect, methinks thou doth protest too much.
If you are familiar with COPA, then you are also familiar with the frequency of scams perpetrated on its members in the Marketplace forum. In your paticular case, there are multiple people using a single membership login (to save $65?). Also, there are numerous and questionable holes in your story.
You may be perfectly legit but you also appear somewhat sloppy and perhaps unprofessional. I don't see where you have a very high horse on which to shout your protestations.
If this aircraft is a good deal, I hope it works out for you and for a COPA buyer.
Randy Lambeth Randy Lambeth wrote the following post at Thu, Nov 7 2019 16:42: Jim you are confusing their attorney with the original poster. Read it carefully.
As I said, there were multiple parties posting under a single membership login. Because of that, I purposely ignored the identities. I was thinking if they double or triple-up under a single login, it shouldn't be our burden to sort out who is who.
Shouldn't a posting COPA member advertising an aircraft for sale be responsive to questions?
If I am missing something (entirely possible) straighten me out.
As an update, I have engaged in a professional dialog with Mr. Ferrer, the attorney who represents S7 Investments, LLC.
1) Based on our communications, I no longer have any concerns about the legitimacy of this company.
2) I stand by each and every question asked, and statement made, up to this point. There was nothing "incorrect or insulting" about my conclusions. Much of what I said was based on information by the OP, such as claiming that her LLC's physical address was in Ft. Lauderdale. In particular, I stand by my statement that if a Delaware LLC has a physical office in Florida, it needs to be registered there.
3) S7 Investments has subsequently changed the address of their business on their Controller ad from Colorado to Florida. While this may have been a harmless error on their part, it was, nonetheless, their error.
4) We are now informed that Clarissa does not herself hold an Airline Transport Pilot certificate, and I have asked their attorney to ask her to correct her profile.
5) As always, I ask that COPA members remain vigilant in responding to any PMs, emails, or Marketplace posts.
And S7 investments just got billed $1,000 for this thread. Last time they post an airplane for sale here. lol.
FWIW, thanks for investigating this Scott. While they turned out to be legit, there were, it appears, error made on their end. I for one appreciate your diligence.
The fact that the respondents became defensive to Scott’s inquiry instead of simply answering his most appropriate questions professionally and not in an accusatory or critical manner, certainly sent up a red flag. Scott, we’re fortunate to have you on our board and thank you for volunteering your time for the benefit of COPA. JW
I recently dealt with this group on a recent G2 that was for sale. Very suspicious requests and piss poor follow up. I decided to follow my gut and move on to other planes. Buyer beware...
we spoke by phone to try to make a deal happen but we decided to keep the G2 for the company use and pulled out of the market . I understand your frustration as I know you are looking for other deals .One day will be back and we can get in touch .Sorry for poor follow up , I should updated you we remove the plane from the market .
morning , just to share with you ...
i decided for the company to Join COPA as member just to be part of the community since during a Single pilot operator standdown event at NBAA 2019 around 3 weeks ago one of the COPA members was speaker and i got very impressed with the COPA envolvement on general aviation and the single pilot operations safety as pilot and aircraft owner / operator . Once we have acess to the website we found out about the opportunity to market this Phenom 100 and that's what we did .
iam not sure if you are aware but there are many aircraft trader or brokers that got company but use a kinda of gmail.com to do business and even don't have websites , just go on controller and will find lot of people like that .
the ATP license is for the me the principal of the company , so if we fill out something wrong , that's was not the goal , since I ask for my assistant to do it , not me .
if there is any issue with Tail numbers on our ad and the controller website iam not aware but if there is any maybe happen due we made a deal on 5 of these planes with pretty much same tail numbers . But again iam not aware of any mistake but we will review it again .
to regards sale price , is properly priced to move quick , as this plane is a high total time since new besides got engines with 2,450 hrs left for next overhaul . On same side you will find planes with low time and close to run out engines for U$1,195m at controller.com , since these engines are most of the value on the plane and ours got plenty of time left , again is properly price .
as last I believe we got some language barriers as English is not primary language for the my me and some of employees that work on the company .
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