Old Shel (Carroll Shelby for those who care)

This is Quoted from the SAAC Site and interesting…

And I quote…

SAAC Press Release November 25, 2007 – Sharon, CT.SAAC is very proud of its numerous accomplishments over the past 33 years and is looking forward to a bright future for the many years ahead.SAAC is very proud of its numerous accomplishments over the past 33 years and is looking forward to a bright future for the many years ahead. The strength of the club is its 5,000 loyal members and the dedicated staff of volunteers who share a passion for the exciting cars built by Shelby American. They all understand the value of an independent car club run by enthusiasts for enthusiasts, as opposed to a club managed by a company whose objective is to sell automobiles, parts, automotive services and merchandise to its members. The company- run club is always vulnerable to the inevitable changes in corporate personnel, budgets and marketing strategies. On the other hand, the independent enthusiast club is financed by its members’ dues and is only accountable to them. It always has their best interests in mind. One of SAAC’s most important missions is to protect the integrity of the marque against the dishonest, the revisionists and the counterfeiters. Over the decades, as a result of tens of thousands of volunteer man- hours, SAAC has amassed a comprehensive data base of information on each Shelby vehicle. SAAC has assisted countless owners verifying the authenticity and history of their cars. The club has protected many Shelby enthusiasts non-members from being victimized by dishonorable and deceitful individuals and will continue to do so. The data is the basis of the club’s registry which is published every ten years and contains information gathered since the previous edition was printed. This ongoing effort is greatly responsible for the high values of the cars because current and future owners have confidence in the integrity of the history and authenticity of the cars. Regrettably, Carroll Shelby has announced that he will not be renewing SAAC’s licensing agreement to use his name in conjunction with the operation of the club. SAAC has never been given a reason for this termination. Among other things, Shelby has demanded the handing over of all documents regarding the registry of all Shelby vehicles by SAAC since January 1, 1996. Please see the attached letter from Mr. Shelby’s lawyers, M. Neil Cummings & Associates. Initial indications from SAAC’s legal counsel are that Shelby’s many demands are without legal merit. As a result, SAAC has no choice other than to vigorously defend the clubs’ and its members’ proprietary information, property and rights. In order to properly respond to Mr. Shelby’s demands, SAAC has established a legal defense fund. Make no mistake: the body of information on these cars that SAAC members have contributed and its registrars have compiled is all that separates the originals from the fakes. Without tight control of this information, it would be impossible for anyone to ascertain which cars were legitimate and which were not. Rather than causing all cars to continue to increase in desirability and value, they would all plummet. We have not worked for 33 years to suddenly allow this to happen. Likewise, for all SAAC members, this is not a tennis match where you can afford to sit on the sidelines and dispassionately watch the match. The club needs each member to assist in its defense by donating to the defense fund. We know we are on the right side of this. Unfortunately, it takes more than just knowing you are right. You have to have solid counsel appear with you in court. And in our legal system that has a price. If you believe in what the club is doing SAAC needs your support by way of a donation to the legal defense fund. There is no minimum amount. Donations can be made by check (payable to “SAAC Legal Defense Fund”) or by Visa or MasterCard (LINK REMOVED)

“The only thing necessary for the triumph of evil is when good men do nothing.” – Edmund Burke

SAAC will continue to serve its members through its national award winning publications, regions, member services, on-line forum and national convention. The club is greatly appreciative of the steadfast support and dedication of its members, volunteers and sponsors.

Ken Eber, Rick Kopec, Howard Pardee

SAAC National Directors

5 Responses to Old Shel (Carroll Shelby for those who care)

  1. Administrator December 21, 2007 at 1:12 am #

    Well I can say that I have not much Love for Shelby or Shelby American, or for that matter the SAAC. I think it is like a shake down by Shelby and definitly some bending of the spirit of the rules of the likes of the SAAC. Who knows, and for the record, go to a SAAC event and you will enjoy everything about it except for the shit don’t stick attitued of many of the members…well just the ones I end up meeting. Generally not a welcoming crowd here in So Cal. The local LA Shelby club is an exception, with good people all around, not stuffy and not sitck up the ass’er. Again, I have met many nice folks at the events, but show up with a replica Cobra or god forbid a regular mustang… About the only thing worse is the Porsche Clubs, but hey at least the Sheby guys don’t get killed in OTC events…

    Screw Shelby and His Clubs, back to work.

  2. Sandy December 26, 2007 at 11:45 pm #

    Here is an interesting press release by the old goat…

    And I’ll have to quote it again…

    “I wanted to explain my concerns to the members of the Shelby American Automobile Club directly, but couldn’t because SAAC has refused to give me a list of its members, even though the licensee agreement with SAAC requires them to allow me access to their books and records. So I am being forced to share the facts through a news release.

    Rick Kopec and Ken Eber, two of the individuals who run the for-profit business called SAAC, have said that they don’t know why we didn’t renew their annual license. That’s not true. We’ve sent e-mails, made phone calls and mailed letters explaining our concerns for quite some time. Except for the message noted at http://www.shelbylicensing.com/press.htm , they went unanswered. For the past several years, I’ve repeatedly told them that I was unhappy with their disregard of the reporting requirements of their license agreement and the way they managed the club. And, for the past eight years, their business hasn’t kept the terms of its extremely favorable agreement with my licensing company, Carroll Shelby Licensing.

    Here are the primary reasons that we did not renew the license for this business:

    For many years, I loaned truckloads of memorabilia to the club and provided 1960s production records for the registry; Kopec and Eber promised that everything would be returned to me whenever I asked. In fact, that’s what Kopec admits to on page 11 of the last printed edition of the “Shelby American World Registry,” which was published in 1997. But they have refused to do so, and I’m told they have sold many of the items, like cancelled Shelby American checks, over the Internet and the like. This is not what anyone had in mind when I let them borrow my things, or my licensing company granted them a license.
    Under the terms of their licensing agreement with CSL, they were required to provide annual and quarterly sales reports, as well as certified statements of sales and a full audit. Also, if requested, they were to allow us ‘free and full access’ to their books, records and accounts. They have not done any of these things, even though I’ve personally asked them many times.
    They’ve never provided proof of the basic liability insurance required by the license agreement. This could expose me personally and all of my companies to enormous liability.
    They failed for nine years to even ask for, much less receive advance approvals from CSL of the thousands of products and product designs they’ve been selling under license, even though the license agreement clearly states that this failure is grounds for “immediate” termination.
    They didn’t even pay the $1 per year licensing fee for the past nine years.
    CSL not only has the right not to renew SAAC’s license (which was made for only one year at a time for a reason), but in light of their continued disregard for the license agreement requirements, my trademarks and other intellectual property rights are at great risk if I allow this to continue.
    Kopec and Eber say SAAC has 5,000 members who pay almost a quarter-million dollars in dues each year. Then there are advertising revenues, sponsorships and money made at the SAAC national convention. In return, from what I can tell, members receive just one mediocre publication and a couple of classified advertising newsletters.

    And where is the Registry that has been promised year after year? The last one was published 10 years ago. I have received many calls from people who have paid hundreds of dollars for a Registry; they have threatened lawsuits against me and my companies because they have not received their book. The basic information in the Registry about colors, how many cars were built, etc., should be regularly updated and available online for instant access by members.

    Kopec and Eber recently offered sponsorship of the club to a kit car maker. I have no issue with the individuals who buy kit cars and love the Shelby brand. But, would GM let Chrysler sponsor the Corvette Club? Would Harley Davidson ignore an attempt by Kawasaki to sponsor the Harley Owners Group?

    I tried for years to address changes that should be made, but my requests fell on deaf ears. Some of the correspondence concerning this matter can be found at http://www.shelbylicensing.com/ . So my licensing company and I asked Eber and Kopec to return the 1960s records and items they originally promised to give back to me, as well as those they have collected over the years using my name under license. And I told them that they can’t use my name or the name of my company anymore, and to dispose of their inventory as required by the license agreement.

    Now they want club members to give them hard-earned money to defend their business interests. Eber and Kopec are asking people to help sue me when they won’t even tell anyone, much less my licensing company, how much money the club has made over the years collecting member dues and selling ‘Shelby’ memorabilia and merchandise for a royalty fee of only $1.00. Are they fighting me because they’re really afraid for the Registry or do they fear giving us financials, which they’ve been required to do, but refused?

    Shelby enthusiasts, as well as SAAC club members and registrars deserve better. They should have a club that provides good value and benefits everyone who is involved. They deserve a club that leverages technology to share information and runs events that encourage people to enjoy their cars. They deserve to be treated with class and respect. To say that Team Shelby will negatively impact the value of Shelby cars is ridiculous.

    I’ve received probably 250 telephone calls from people asking me to check on whether a particular Cobra or Mustang they wanted to buy is authentic. The next thing I hear from them is that Ken Eber has bought it. Where I come from, when there’s that much smoke there’s usually some sort of fire!

    Also, I’ve been told many times by members that Ken Eber has said that he doesn’t need Carroll Shelby. Well, now he won’t have to bother with me and I won’t have to bother with him. And, it seems to me that they make enough money that they don’t need to go around poor-mouthing to the Club members to finance their legal defense fund against me. Shame on both of them! And, as far as Ken and Rick’s associate, Mr. Pardee, the Club members should ask him how much of my personal memorabilia is being stored in his garage that, by all rights, should come back to me. Even though the three of them have slandered me by making public statements that I am ‘evil,’ I’m still entitled to get my personal belongings back. Who can disagree with that?

    The bottom line is my legacy should be left in the hands of my family and real enthusiasts. I want to extend an offer to the local clubs to contact my office and arrange for a license to use the Shelby and Cobra name at the same base cost that we offered SAAC of $1. This will allow them to continue their great work.

    It’s my right to stop letting someone use my name and the name of my legacy company, Shelby American, when they won’t listen to me or keep the terms of the licensing agreement they signed many years ago. Team Shelby won’t be run that way. You have my word on it.”

    Sounds like Shelby and they SAAC guys have a good old fashion fued going on, moonshine style.

  3. Sandy March 24, 2008 at 8:28 pm #

    Here is more information on the Shelby vs. SAAC lawsuit, this is quoted from the SAAC News letter.

    And I quote >>

    A word or two from SAAC HQ

    We’re not really happy about this whole Shelby legal situation, but we must respond (or we will lose by default). We’ve lawyered up, as they say. We have a team of lawyers working on both coasts. We brought action against Shelby in Boston and he initiated action against us in Los Angeles. Eventually both cases will be combined into one and we expect it will be in Boston.

    What is so frustrating about this is that it is bleeding off some of our energy and time from things we could be doing with and for the club. And it is expensive. It is hard to put into words how gratifying it is to see so many people coming to our assistance by contributing to the club’s Legal Defense Fund. There is more at stake, here, than you can imagine. And if this was a baseball game, we’re still in the first inning. But we have made a commitment to see this through because we are convinced we are on the right side of this. However, being right isn’t enough. No matter what you hear, just remember, it’s all about the registry. And it always was.

    Keep those contributions coming. If we lose this thing everyone will be looking at Nash Metropolitans and Ford Mavericks to collect.

    <

  4. Sandy May 14, 2008 at 10:01 pm #

    Seems more disputes from Shelby Amercian are going to be clogging up our court system.

    This just in from one of the Shelby sites. One thing I do find amusing is the $helby of C$ as he is now known.

    And I Quote (Begin)

    SUPERIOR COURT FOR THE STATE OF CALIFORNIA
    COUNTY OF LOS ANGELES

    CENTRAL DIVISION

    CARROLL SHELBY, SHELBY COLLECTIBLES, INC., SHELBY AUTOMOBILES, INC. and CARROLL SHELBY INTERNATIONAL, INC.
    Plaintiffs,
    vs.
    R. BRENT FENIMORE,

    Defendant. )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    ) CASE NO.:

    COMPLAINT FOR DAMAGES: (1) BREACH OF CONTRACT; (2) ACCOUNTING; (3) BREACH OF FIDUCIARY DUTY, (4) CONVERSION/FRAUD AND DECEIT

    COMES NOW, Plaintiffs Carroll Shelby (CS), Shelby Collectibles Inc. (SCI), Shelby Automobiles, Inc. (SAI) and Carroll Shelby International, Inc. (CSI) (sometimes collectively referred to herein as “Plaintiffs”), complain of defendant R. Brent Fenimore (“Defendant”) as follows:
    1. Plaintiff CARROLL SHELBY is an individual with a residence in the County of Clark, State of Nevada.
    2. Plaintiff SHELBY COLLECTIBLES INC. (“CSC”) is a corporation organized and existing under the laws of the State of Nevada, with its principal place of business in the County of Clark, State of Nevada.
    3. Plaintiff SHELBY AUTOMOBILES INC. (“SAI”) is a corporation organized and existing under the laws of the State of Nevada, with its principal place of business in the County of Clark, State of Nevada.
    4. Plaintiff CARROLL SHELBY INTERNATIONAL INC. (“CSI”) is a corporation organized and existing under the laws of the State of Nevada, with its principal place of business in the County of Los Angeles, State of California. CSI is the shareholder of SAI.
    5. Plaintiff is informed and believes, and based thereon alleges, that Defendant R. BRENT FENIMORE (“Defendant”) is an individual who at all times relevant herein resided in the County of Clark, State of Nevada, and who now resides, on information and belief, in the State of Texas.
    6. Any contracts and/or agreements set forth herein were entered into and/or made to be performed in the County of Clark, State of Nevada.
    FIRST CAUSE OF ACTION
    BREACH OF WRITTEN CONTRACT
    7. Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-6 as though fully set forth herein at this point.
    8. On or about October 7, 2005, Plaintiffs CSI and SAI and Fenimore entered into a termination of employment agreement (“Agreement”) whereby Fenimore agreed to the termination of his employment as General Manager at SAI effective September 30, 2005, and whereby Fenimore further covenanted and agreed to (1) return all property of SAI then in his possession; (2) “hold SAI and its shareholders, officers, directors, agents or representatives harmless from any claims arising out of or relating to the termination of his employment”; and (3) “not make any negative or disparaging comments or take action intending to create negative or disparaging image or impression of…SAI, CSI, or any of their officers, directors or representatives, and/or any of their products (past or future).” A true and correct copy of the Agreement is attached hereto as Exhibit 1.
    9. Further, pursuant to the Agreement, Defendant agreed to “cooperate and work together with SAI and its representatives to resolve any disputes or disagreements which may arise between SAI and any third parties concerning Item Nos. 2 and 3 on the second page of our previous letter to you dated September 22, 2005, or any other business questions or issues which arise in the future concerning transactions in which you were involved while serving as General Manager of SAI.” A true and correct copy of said letter dated September 22, 2005 is attached hereto as Exhibit 2.
    10. Plaintiffs CSI and SAI are informed and believe, and based upon such information and belief allege that Defendant has breached the aforementioned covenants of the Agreement by engaging in conduct which includes, but is not necessarily limited to the following: (1) Defendant’s failure to return all property of SAI then in his possession; (2) Defendant’s filing and prosecution of a lawsuit in the State of Texas, in which he is alleging claims, and damages against CSI and SAI based upon claims which arise out of his employment, or relate to the termination of his employment as General Manager of SAI; (3) Defendant’s failure to cooperate and work together with SAI and its representatives to resolve the disputes and disagreements referenced in the letter to him dated September 22, 2005 (Exhibit 2); (4) Defendant has made, or caused to be made negative and disparaging comments, and has taken or caused others to take action intending to create a negative or disparaging image or impression of SAI, CSI and its officers, directors or representatives, including but not limited to Carroll Shelby, John Luft and Amy Boylan. Defendant has also made negative and disparaging comments, or taken action intending to create a negative and disparaging image or impression of the products of SAI.
    11. Plaintiffs CSI and SAI have fully performed each and every term, condition and covenant of said Agreement.
    12. As a proximate and foreseeable result of the above breaches of the Agreement by Defendant, as alleged herein above, Plaintiffs SAI, CSI and CS have sustained damages in an amount not yet fully ascertained, but which Plaintiffs are informed and believe that based upon such information and belief alleges is in excess of $500,000, subject to proof at trial.

    SECOND CAUSE OF ACTION
    ACCOUNTING
    13. Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-12, inclusive, as though fully set forth herein at this point.
    14. As the General Manager of SAI with complete and unfettered access to the books, records, inventory, finances, bank accounts, bank checks and statements, Defendant owed a fiduciary duty to Plaintiff SAI, and its shareholder CSI, to provide full, complete and accurate accountings of all business transactions relating to SAI, including but not limited to all sales of inventory and the receipt and disposition of all business funds, but Fenimore failed and refused to do so during the time he was employed as General Manager up until the date of his termination of employment in October 2005. Plaintiff is entitled to and requires an accounting from Defendant, which Defendant has thus far failed to provide.
    THIRD CAUSE OF ACTION
    BREACH OF FIDUCIARY DUTY
    15. Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-14, inclusive, as though fully set forth herein at this point.
    16. Defendant, for the reasons and based upon the allegations as contained herein above, has breached the fiduciary duty owed by him to Plaintiffs SAI, CSI and Carroll Shelby (as the Chairman of the Board and Chief Executive Officer of CSI and SAI), and as a proximate result thereof said plaintiffs have sustained damages in an amount not yet fully ascertained, subject to proof at trial.
    FOURTH CAUSE OF ACTION
    CONVERSION/ FRAUD & DECEIT
    17. Plaintiffs repeat and re-allege each and every allegation of paragraphs 1-16, inclusive, as though fully set forth herein at this point.
    18. At all times herein mentioned, Defendant was placed in a position of trust and confidence by Plaintiffs SAI and CS, who, respectively, relied upon Defendant to conduct the business of SAI, and to carry out the requests made of him by CS, personally, in such a way as to be truthful, honest and not cause damage to SAI, CS and/or their personal property. Defendant, however, violated said position of trust and confidence, and made false representations to SAI and CS on a number of occasions, at various times, which resulted in Defendant converting valuable items of personal property owned by CS to Defendant’s own use, or to a use violative of SAI’s and/or CS’s ownership rights in said property, so as to cause SAI and CS damages as a direct and proximate result of Defendant’s conduct. Defendant’s fraudulent conduct in this regard includes, but is not limited to Defendant’s willful and deliberate forging of CS’s signature on Manufacturer’s Statements of Origin fraudulently issued in the name of SAI, contracts and other legal documents so as to cause damages to SAI an CS, and to deprive CS of his ownership interest in valuable personal property and to deprive CS of his ownership interest in said personal property, including but not limited to Shelby Series One vehicles and one or more GT-40 component vehicles.
    19. As a direct and proximate result of the conduct of Defendant, as set forth herein, Plaintiffs SAI and CS have been damaged in an amount which is presently unknown, but is at least the sum of $500,000, according to proof at trial.
    20. The conduct of Defendant was willful, wanton, malicious and oppressive, thereby justifying the award of exemplary and punitive damages in an amount to be determined at time of trial.
    21. Furthermore, during calendar year 2005 (and before) CS, personally, entrusted Defendant with, and made him a signatory to the bank accounts, bank checks and business records of a company wholly owned by CS, to wit: Plaintiff Shelby Collectibles Inc. (SCI). In this capacity, Defendant had access to and used credit cards taken out by Defendant in the name of SCI and/or his own name. During said time, Defendant received and had the obligation and duty to use and reconcile all bank accounts, bank statements and credit cards for which CS and/or SCI were liable in such a way as to assure that no money was being spent on Defendant’s personal expenses, or on business expenses that had not been pre-approved by the sole owner of the company, CS. Further, during said time, Defendant expressly represented to CS, on numerous occasions, that he had carried out his fiduciary duties and obligations owed to CS in a manner consistent with his fiduciary obligations owed to, and promises made by Defendantto CS.
    22. CS is informed and believes, and based upon such information and belief alleges, however, that Defendant breached and violated his fiduciary duties owed and promises made to CS (individually and in his capacity as Chief Executive Officer of SCI) by spending many thousands of dollars on Defendant’s personal, non-business related expenses without the prior knowledge of CS, and/or for reasons entirely unrelated to the business of SCI, including but not limited to stereo and other electronic equipment, alcohol and entertainment.
    23. As a direct and proximate result of the fraudulent conduct of Defendant, as set forth herein, Plaintiffs CS and SCI have been damaged in an amount which is presently unknown, but which Plaintiffs will seek to prove at time of trial.
    24. The conduct of Defendant, as alleged herein above, was willful, wanton, malicious and oppressive, thereby justifying the award of exemplary and punitive damages in an amount to be determined at time of trial.
    WHEREFORE, Plaintiffs pray for judgment against Defendant as follows:
    1. General and consequential damages of at least $2,000,000, or according to proof at trial;
    2. For punitive damages in the sum of at least $5,000,000; and
    3. For costs of suit incurred herein; and
    4. For other such relief as this court deems just and proper.

    DATED: May 2, 2008 LAW OFFICES OF M. NEIL CUMMINGS
    & ASSOCIATES, PLC

    By:__________________________________
    M. Neil Cummings, Esq.
    Attorneys for Defendants
    CARROLL SHELBY; CARROLL SHELBY
    INTERNATIONAL, INC; and
    SHELBY AUTOMOBILES INC.

    End Quote

  5. Sandy May 14, 2008 at 10:15 pm #

    And lets not forget about the “Unique Performance” scam. Not sure how much Ol’ $hel had to do with it, if anything, but you can find loads more dirty underware attached to Shelby then one might expect, do some web searching and you will be amazed how much legal action has taken place in recent years.

    People are also now questioning if the money for autographs collected for the childrens heart fun really made it to the right places, poke around on some of the Shelby… er, Mustang boards and you will find loads of details.

    Oh well, as I said before I’m not a fan of his, but more the hard working Mo-Fo’s that build, designed, and raced the cars. This includes greats like Ken Miles, John Morton, Pete Brock, and the hundreds of folks here and abrod that have never seen the limelight.

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