HomeMy WebLinkAbout20112601 Rg C 1:
Kim Ogle
Weld County Planning Department SEP 2 1 7 011
1555 N. 17th Street
Greeley CO 80631 "�eld , . imem
>
Kim,
In the case of Dietzler Water Resourcesd,the public has a right to know who it is dealing
with.
See attached publicly available documents.
2011-2601
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p0 Kip Petersen, General Manages
son
CHEROKEE METROPOLITAN DISTRICT
- 6250 Palmer Paris Blvd. Colorado Springs, CO 80915-1721
Telephone: (719)597-5080 FAX: (719) 597-5145
October 13, 2009
Mr. Cliff Wilson
Water Renewal Resource, LLC
6323 South Harrison Court
Centennial,CO 80121
Dear Mr. Wilson;
Recently I was contacted by Jack Vickers,who asked if I would be able to meet
with him. At the time,I had never met Mr.Vickers,so I was curious as to why he would
want to meet with me,as the General Manager of the Cherokee Metropolitan District.
This was shortly after you and I met at the dedication of the Donala Wastewater
Treatment Facility on July 24th of this year.
The first question Mr. Vickers asked of me was if I had ever met you. I indicated
that it was a coincidence as I recently had. Mr. Vickers brought with him a file which he
indicated I might find interesting. Upon reviewing this file, I was surprised to fmd
communications between yourself and Mr. Vickers,in which you repeatedly portrayed
you and me as having a working relationship in the purchase of Mr. Vickers' Shamrock
Water resources. In fact,in these communications,you have represented that the
Cherokee Metropolitan District Board of Directors have approved a contract to purchase
said water, in concert with the Douala Water and Sanitation District. I have reviewed
communications going as far back as February of this year in which you have stated to
Mr.Vickers that we have met on multiple occasions,have had multiple Board meetings
at which the purchase of the Shamrock water was alleged to have occurred,and that we
have had multiple joint Board meetings with the Donala District to discuss the Shamrock
water purchase. In fact,the series of communications that I read was past astounding to
me. In all my professional career I rarely have found myself to be speechless,however,
once the depth of your deception was made clear to me,I found myself unable to
adequately express my outrage.
Your communications to Mr. Vickers,as they relate to Cherokee Metropolitan,
me,Donala Water and Sanitation and all other representations about the Shamrock water
sale and purchase,are a complete fabrication. You have portrayed the Cherokee
Metropolitan District,and its Board members,as willing participants in a fictitious
acquisition of Mr. Vickers' Shamrock water. You have used my name, in a personal and
professional manner,which I find outrageous. I have had a difficult time understanding
how anyone could perpetrate such a scam on anyone,much less someone you've never
even met. I can think of no explanation from you that would excuse such deceit and
deception. I have worked in the public sector for over 30 years and in all my experience,
I have not witnessed,firsthand,such fraudulent actions.
On behalf of the Cherokee Metropolitan District, you are hereby advised that the
District will pursue any,and all legal remedies available,be they civil or criminal in this
fraudulent activity. Additionally,you should attempt no further contact with me,or other
Cherokee representatives,either professionally,or personally. This would include
attempts by telephone,email,written correspondence or personal visits.
Sincerely,
1141
Kip Petersen
General Manager
Cc: Jim Culichia,Legal Counsel,Cherokee Metropolitan District
Jack Vickers,III
Dana Duthie,Manager,Donala Water and Sanitation District
Frederick Fendell, II,Legal Counsel,Donala Water and Sanitation Dist.
Wayne Foreman,Legal Counsel for Jack Vickers, III
NEW YORK STOCK EXCHANGE, INC.
CLIFFORD CLYDE WILSON, II, FORMER REGISTERED
REPRESENTATIVE WITH MERRILL LYNCH, PIERCE,
FENNER & SMITH INCORPORATED, ENGAGED IN CON-
DUCT INCONSISTENT WITH JUST AND EQUITABLE
PRINCIPLES OF TRADE IN THAT HE: (1) WRONG-
FULLY APPROPRIATED FUNDS FROM A CUSTOMER'S
ACCOUNT, (2) WRONGFULLY ENDORSED OR CAUSED
TO BE ENDORSED A CUSTOMER'S NAME ON CHECKS
ISSUED BY HIS MEMBER FIRM EMPLOYER TO THE
CUSTOMER, WITHOUT THE KNOWLEDGE OR CONSENT
OF THE CUSTOMER; AND VIOLATED HIS AGREEMENTS
WITH THE EXCHANGE IN THAT HE FAILED TO COMPLY
WITH WRITTEN REQUESTS OF THE EXCHANGE --
PERMANENT BAR.
EXCHANGE HEARING PANEL DECISION 79-31
September 14, 1979
An Exchange Hearing Panel conducted a hearing on charges
brought by the Department of Enforcement against Clifford Clyde
Wilson, II, a former registered representative with Merrill Lynch,
Pierce, Fenner & Smith Incorporated. Wilson was charged with
having:
I. Engaged in conduct inconsistent with just and
equitable principles of trade in that he wrong"
fully appropriated funds from the account of a
customer.
II. Engaged in conduct inconsistent with just and
equitable principles of trade in that he wrong-
fully endorsed or caused to be endorsed a cus-
tomer's name on checks issued by his member firm
employer to the customer, without the knowledge
or consent of the customer.
III. Violated his agreements with the Exchange as
previously set forth in Exchange Rule 345.16(K) ,
in that he failed to comply with written requests
of the Exchange for information regarding certain
specified matters.
Wilson did not submit an answer to the charge memorandum.
Neither Wilson nor anyone in his behalf appeared at the hearing on
this matter. At the hearing, the Department of Enforcement moved,
under Rule 476(d) , to have the facts in the charge memorandum deemed
admitted since wilson failed to file an answer. The Hearing Panel
granted the motion and found as follows:
1. Clifford Clyde Wilson, II ("Wilson") was born in
He entered the securities industry in
October 973 as a registered representative trainee with
Merrill Lynch, Pierce, Fenner & Smith Incorporated (the
"firm") and was approved as a registered representative
2
with the firm effective April 8, 1974. Wilson was
discharged from the firm on August 11, 1978.
2. On November 20, 1978, the Exchange received a Uniform
Termination Notice for Securities Industry Representative
and/or Agent reporting that Wilson had been discharged by
the firm for allegedly making withdrawals from a customers
account and using the funds for his own purposes.
3. During the summer of 1975, Wilson was assigned by the
firm to service the account of a customer.
4 . Beginning on December 16, 1977 and extending through
July 7, 1978 Wilson withdrew funds from the customer's
account on at least seven occasions. The withdrawals
were accomplished without the knowledge or consent of
the customer.
5. Preceding each such withdrawal, Wilson submitted to
the firm a request that a check be issued from the
customer's account to him on the pretense that he would
give it to the customer on that day.
6. Wilson, without the customer's knowledge or authorization,
endorsed or caused to be endorsed the customer's name to
each of the checks so requested and apparently endorsed
his own name thereon.
7. The unauthorized withdrawals by Wilson from the customer's
account amounted to at least $23, 600. The seven checks
ranged in amounts from a low of $900 to a high of $10,000.
8. Funds for two of the unauthorized withdrawals were
obtained through the sale, at Wilson's suggestion, of
securities held in the customer's account.
9. Wilson failed to comply with or respond to any Exchange
requests for information regarding this matter.
DECISION
The Hearing Panel, by unanimous vote, found Wilson guilty
as charged by unanimous vote.
PENALTY
In view of the above findings, the Hearing Panel, by
unanimous vote, determined that Wilson be permanently barred from
membership, allied membership or employment in any capacity with
any member or member organization.
For the Hearing Panel
John J. Mulcahy, Jr
Chief Hearing Officer
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