REPORT: Today’s thread is about Amazon’s reliance on secret recordings made by Kyle Ramstetter, who they allege swindled them out of $17 million but who they have mysteriously left alone. And: Proof of manipulation of the secret recording. You can't make this up. /1
Kyle worked at Northstar. But in February 2019, he independently took a piece of land under contract from Virginia land baron Chuck Kuhn. The government revealed this fact in a civil forfeiture complaint. /2
Land is a funny thing. If you have it under contract - the right to buy it - you control it. The owner can’t sell it to anyone else. You could think of it like when you have a house under escrow. The owner can’t sell the house to someone else. /3 bit.ly/3EAi7DR
Chuck Kuhn originally bought the land in June 2018 for $20 million (about $210K an acre). Kyle took it under contract in February 2019 for nearly 5x the price Chuck paid -$1.1M an acre. /4 bit.ly/3FD6RZ1
Kyle had to put down millions to take the land under contract. We don’t know where he got that money. I’ve seen speculation in the Northstar/IPI lawsuit that IPI funded Kyle. This fact will come out in discovery. (Remember, IPI also accused Northstar of a felony to DOJ.) /5
Anyway, Kyle proposed that he develop a data center on the land that Amazon could lease. Amazon points to their first verified complaint in April 2020 - but they deleted it in their 3 edited complaints, I guess because it isn’t helpful to their allegations. /6
But in May 2019, Amazon decided to buy the land and build its own data center. Amazon says that in the complaint. (But they also say defendants suggested they buy it from Kyle (White Peaks) and not Kuhn. But how could Amazon buy it from Kuhn when Kyle controlled it?) /7
In other words, Amazon is suggesting that Kuhn should have breached his contract with Kyle and sold the land to Amazon. And I guess that my husband should have encouraged that breach? Couldn't he be sued for that?? /8
I don’t know why Amazon bought it, but when I read the news - Amazon was competing for the $10 billion govt JEDI cloud project then - so maybe they needed more data centers that could be top secret? No clue. Just an idea. /9
So, anyway, Amazon closes on the purchase at the end of July 2019. Amazon pays $1.3M an acre. This is an Amazon exhibit. Thus, Kyle made $200K an acre profit. Far, far less than Chuck Kuhn made, but still, a profit. His unnamed investors also made money. /10
Amazon says this is a nefarious “same day land flip” because Amazon used a legal structure called a “simultaneous close.” Kyle had the right to purchase the land & sold the right. So while Kyle had control of the land for 6 months, Amazon acts like it was a one day flip. /11
But in the SAME exhibit - Amazon's purchase contract from Kyle - we see that Amazon knew exactly what Kyle paid Kuhn. They had no problem with it then. I don’t know why they now say it was a federal crime, but they do. /12
Amazon sued Kyle in April 2020. He never showed up for the litigation. Never answered. Amazon left him alone. Entirely. But they got an injunction for $21M against Northstar & Brain Watson - and got a receiver appointed over Brian's finances. /13 bit.ly/3z8iHHT
But remember: IPI and Amazon need a felony conviction of Northstar or they’re liable for breaching the IPI/Northstar joint venture. Kyle has nothing to do with that. So Amazon and IPI need a felony conviction of Kyle. /14
Kyle seems to be doing great, per the internet. Indeed, I found on the internet that Kyle lives in this multimillion dollar home. With a baseball diamond and a pool! /15
I’ve also found that Kyle bought a spa business this year. I guess the government hasn’t seized every dollar he has, either, as he’s out there buying companies and living in mansions. Chuck Kuhn has also not been accused. bit.ly/3HlSsAE /16
So, anyway, Kyle did this land sale while he worked at Northstar and managed that company’s relationship with Amazon. So Northstar argued it was a Northstar opportunity - not a Kyle opportunity. I have no opinion here and don’t know the details of Kyle’s employment. /17
But what I do know is that while Kyle was doing this, he was secretly recording people. Amazon relies on these recordings massively in their allegations and various filings in Virginia. /18
There is one with my husband, after he left Amazon. He’s trying to make a deal with Kyle to go into business with Allcore & chase real estate development deals. Carl invited Kyle to bring his attorney to meet his attorney. This is an exhibit in the litigation filed by Amazon./19
Carl, who didn’t know he was being recorded, said he would never do anything illegal. But Amazon ignores these pieces & characterizes other lines from that recording for its purposes in over & over again. (Remember, they accuse Carl’s lawyer of being a criminal.) /20
As Jeff Bezos warned about email - like a recording: “I love E-mail. The problem is somebody can take it out of context and use it against you, and we have to guard against that.'' nyti.ms/3HkpJMJ /21
Kyle also recorded a conversation with Brian Watson that allegedly took place on May 31, 2019. From my review of Amazon’s filings, this is the primary evidence Amazon looks to with their “kickback scheme” claim. /22
Well, the metadata of Kyle’s recording shows that it is *not* from May 31, 2019. (Anyone can see this if they open up the audio file.) The recording was conclusively edited on October 7, 2019. What was happening then? /23
Northstar and Brian Watson accused Kyle of taking Northstar’s corporate opportunity with the sale of the land Chuck Kuhn contracted to Kyle. In response, Kyle made threats. See this picture. October 2, 2019. /24
According to court documents, there was a mediation before a former Colorado Supreme Court Judge RIGHT AFTER Kyle - or whoever had possession of the recording - manipulated it. I don’t know, but the timing of the manipulations seems tied to Kyle’s threats. /25
Moreover, the manipulated copy of the recording we have used software not released by until September 2019. So, it’s impossible that this is a May 31, 2019 recording. /26
I have to imagine anyone in possession of the recording would ask Kyle for the original, right? If they wanted to use it as evidence? Seems like a basic first step if you're going to use something as evidence. /27
One last thought on Amazon leaving Kyle alone. This reminds me of Avenatti, where they went after Avenatti but left his alleged coconspirator, Mark Geragos, untouched. Selective prosecution is about power & selective enforcement of laws. politi.co/33UkXqH /28
REPORT: Today is pretty “legal” but it’s super interesting. Amazon tells the court they paid to build data centers to get an injunction against a defendant. They didn’t. So they slid unnoticed edits into their proposed order. Look at the magic here. /1 bit.ly/31aSRqe
Northstar partnered with Zuckerberg’s IPI to build 9 buildings for Amazon to lease. IPI owned 86% of the buildings, Northstar 14%. Amazon owned no %. It’s a tenant, like a tenant in an apartment building. Northstar & IPI formed a joint venture & paid to build the buildings. /2
Amazon was only ever responsible for monthly rent. Like you pay apartment rent. Obviously, they didn’t pay to build the buildings. Why would you pay to build an apartment and then pay someone to lease the apartment you owned/built? You wouldn’t. /3
Amazon's new motion in its lawsuit - filed only after the lobbied DOJ to charge my husband with a crime - accuses him of "publicizing a 'David and Goliath' narrative and chasing news." They're spending MILLIONS in legal fees. Do they expect him to not fight for his freedom? /1
They say he hasn't produced a "shred of exculaptory evidence." Um, Amazon somehow staved off discovery in the Virginia "rocket docket" for 21 months. My husband will produce documents in 2 weeks per the schedule. /2
And, for the first time, Amazon will have to produce evidence to back up its 4 verified, under oath complaints. For 2 years, they've publicly shamed people without any duty to provide evidence. /3
Reporting: Another really remarkable accusation by Amazon - and another way Amazon partnered with a billionaire while working hard to get the government to charge my husband with a felony. This one involves *Ross Perot* - remember him?? /1
After my husband left Amazon, the company sought to work with him on real estate development. Many emails show this!! I’m not sharing them here because - while they are Carl’s post-employment emails, not Amazon’s - I’m afraid of their lawyers. /2
By 3/20, Carl found great land in Tennessee for a fulfillment center. He paid for diligence & test fits for a warehouse & more. He sent it to Todd Meldahl, a KBC broker with an Amazon email address. (More on KBC & their $$ partnership with Amazon.) /3 bit.ly/3mGyGYL
Reporting: Amazon & IPI (a spinoff of Iconiq - Zuckerberg, @jack, & Reid Hoffman’s fund) have a neat legal trick, using federal law enforcement & public storytelling. Step 1: Accuse people of a crime to the FBI. A thread. /1 bit.ly/345o7s1
(Bonus points if company destroys documents in 30 days, so they can whatever story. As @JeffBezos says: ''I love E-mail. The problem is somebody can take it out of context and use it against you, and we have to guard against that.'' /2 nyti.ms/3HjH88n
Step 2: When there isn’t an indictment, sue the people you accused. Step 3: In complaints, mention the FBI investigation that YOU started 114 times. (114!) But do NOT say that you made the accusations & provided selective evidence. /3 bit.ly/3zakEUs