Mr. William Simmons Edit

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1. 1. $2.7M Judgement for Fraud against William "Russ" Simmons CEO Catalytic Air Technology and DECS inventor

   www.simmonscorporations.com - [Cached]

   Published on: 9/12/2003   Last Visited: 10/27/2004

   "The Award details an extensive scheme devised by Simmons with special intent to deprive Breeden of the consideration he furnished in the transfer of ComputerTime stock to CATI; whereby Simmons willfully and wantonly intended to defraud and misrepresent the financial condition of CATI to Breeden; that Simmons subsequently intentionally destroyed the value of the consideration received by Breeden in the Computertime asset transfer by causing the assets of CATI to be forclosed upon (by The Pat-Will Trust, a trust created by Simmons) without legal cause or justification and transferring those same assets to a newly formed corporation (formed with Simmons as president and chairman)". - Judge Alan Kay U.S. District Court Hawaii - Order Confirming Arbitration Award against Simmons personally - 09/25/2003
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   "The Award details an extensive scheme devised by Simmons with special intent to deprive Breeden of the consideration he furnished in the transfer of ComputerTime stock to CATI; whereby Simmons willfully and wantonly intended to defraud and misrepresent the financial condition of CATI to Breeden; that Simmons subsequently intentionally destroyed the value of the consideration received by Breeden in the Computertime asset transfer by causing the assets of CATI to be forclosed upon (by The Pat-Will Trust, a trust created by Simmons) without legal cause or justification and transferring those same assets to a newly formed corporation (formed with Simmons as president and chairman)". - Judge Alan Kay U.S. District Court Hawaii - Order Confirming Arbitration Award against Simmons personally - 09/25/2003
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   "The Award details an extensive scheme devised by Simmons with special intent to deprive Breeden of the consideration he furnished in the transfer of ComputerTime stock to CATI; whereby Simmons willfully and wantonly intended to defraud and misrepresent the financial condition of CATI to Breeden; that Simmons subsequently intentionally destroyed the value of the consideration received by Breeden in the Computertime asset transfer by causing the assets of CATI to be forclosed upon (by The Pat-Will Trust, a trust created by Simmons) without legal cause or justification and transferring those same assets to a newly formed corporation (formed with Simmons as president and chairman)". - Judge Alan Kay U.S. District Court Hawaii - Order Confirming Arbitration Award against Simmons personally - 09/25/2003
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   Simmons has consistently tried to get another bite of the apple both by asserting claims already litigated in Hawaii and then by attempting to assert a claim of unjust enrichment based on The Award of the Arbitrator.
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   On January 6 1999 a civil suit was filed in U.S. Federal Court, District of Hawaii by a shareholder in Simmons' corporation Clean Air Technology, Inc. against Simmons personally and two of Simmons' corporations, Clean Air Technology Inc. (CATI) and Creative Telelcommunications Inc. (CTI).
   
   On May 7, 2002, Arbitrator COLIN L. LOVE issued an AWARD OF ARBITRATOR in this matter, denying all claims of the Simmons Defendants and awarding the following damages against CTI, CATI and Simmons: 1) $500,000.00 against CATI and Simmons, jointly and severally, as damages for fraud; 2) $500,000.00 against CATI and Simmons, jointed and severally, in punitive damages for fraud; 3) $500,000.00 against CATI and Simmons, jointly and severally, as damages for intentional conversion and breach of fiduciary duty (these were the same damages as awarded in 1 above and not an additional award); 4) $500,000.00 against CATI and Simmons, jointed and severally, in additional punitive damages for intentional conversion and breach of fiduciary duty; 5) $500,000.00 against CTI and Simmons, jointly and severally, as damages for slander and intentional conversion of corporate assets; 6) $500,000.00 against CTI and Simmons, jointed and severally, in punitive damages for slander and intentional conversion of corporate assets; 7) $168,989.88 in attorneys fees and $22,234.36 and arbitration costs against Simmons, CTI and CATI.
   
   On August 29, 2002 the Arbitration Award and Findings of Fact was CONFIRMED as to CATI and CTI by The U.S. Federal Court, District of Hawaii.
   
   On August 30, 2002, Judgment was entered by the U.S. District Court against CTI and CATI in accord with the terms of the Arbitration Award.Confirmation of Award against Simmons was stayed due to Simmons Application for Bankruptcy.
   
   On July 31 2003 Simmons' automatic bankruptcy stay was lifted in regards to this case by the U.S. Bankruptcy Court Santa Ana California.
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   06/05/2003 Simmons and his Bankruptcy attorney Norman Kriesman attempted to shut down this web site by filing for a TRO in Bankruptcy Court.
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   William R. Simmons Jr. and his Corporations
   
   William Russell Simmons Jr. (aka "Russ Simmons") of Costa Mesa California has been marketing his patented Diesel Emission Control System (DECS) through various corporations for years. Simmons' current corporation marketing Simmons' DECS is Catalytic Air Technology Inc. (www.catiusa.com), a Nevada corporation formed by Simmons and his partner Richard M. Acheson of Pacific Palisades California on January 2 2002. (Nevada corporate info)
   
   Some of Simmons' prior corporations marketing Simmons' DECS are Applied Technology Solutions, Inc., a Nevada corporation formed by Simmons and Acheson on April 22 1999 (Nevada corporate info) , and Clean Air Technology, Inc., a Delaware corporation formed by Simmons and Acheson on February 18, 1997 (Nevada corporate info).
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   At the same time Richard M. Acheson has been the Sole Trustee of The Pat-Will Trust, a Trust created by Simmons.
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   -- 1 -- On May 7, 2002, as the result of a U.S. Federal Court Civil action filed in January 1999 against Simmons personally and Simmons' corporations Clean Air Technology, Inc. and Creative Telecommunications, Inc., a 2.7 million dollar award in actual and punitive damages was granted against Simmons personally and in Simmons' capacity as a corporate officer and against some of Simmons' corporations including Clean Air Technology, Inc. for:
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   -- 2 -- Simmons, in his Marketing Materials, Private Placement Memorandums (PPMs), Web Site and Business Plan claims he has "authorization for sale and use" of his patented Diesel Emission Control System (DECS) in the United States (patent 5113804 and patent 5247909).
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   Simmons bases this "authorization for sale and use" on California Air Resources Board After Market Parts Executive Orders D-258 and D-419 obtained for Simmons' Diesel Emission Control System (DECS).
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   The Southern California Rapid Transit District (SCRTD) performed the independent "comparative emissions testing" of Simmons' Diesel Emission Control System, then known as the AV1 and AV2 on behalf of CARB as part of Simmons' vehicle code "exception" application (CARB After Market Part Executive Order).
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   Simmons was the President of Emission Testing Services, Inc. and also the President of Clean Air Technology, Inc.
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   -- 4 -- Simmons represented to investors through Private Placement Memorandums (PPMs) and Marketing Materials that Simmons' companies owned all rights to United States Patent Numbers 5,113,804 and 5,247,909, which cover certain fundamental aspects of Simmons' Diesel Emission Control System (DECS). In fact, The Pat-Will Trust, created by Simmons and who's sole trustee is Richard M. Acheson, not Simmons' companies was the owner of U.S. Patents 5,113,804 and 5,247,909.
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   -- 5 -- In April of 1999, a few months after claims had been filed in U.S. Federal Court, District of Hawaii against Simmons personally and Clean Air Technology, Inc., Simmons and Acheson formed a new Nevada corporation, Applied Technology Solutions, Inc. (ATS).
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   The Pat-Will Trust is a Trust created by Simmons.
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   The only signer of the UCC1 was Simmons.
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   Cayman Islands, Simmons, Vancil and Acheson appear to be corporate officers of Creative Telecommunications, Inc.
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   Simmons was a shareholder of Executive Consulting Services, Inc. Cayman Islands.
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   Simmons was a shareholder of Executive Consulting Services. Inc. Cayman Islands.
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   Emission Testing Services, Inc, is a corporation formed by William R. Simmons and Richard M. Acheson.
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   -- 10 -- On January 2 2002 Simmons and Acheson formed a new Nevada corporation, Catalytic Air Technology, Inc.
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   Simmons and Acheson are Directors and Corporate Officers of Catalytic Air Technologies, Inc.
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   -- 11 -- On May 31, 2002 Simmons filed for Chapter 7, No-Asset Personal Bankruptcy in U.S Federal Bankruptcy Court, Santa Ana California Citation:
   
   Voluntary Petition for Bankruptcy 05/31/2002 Notice of Chapter 7 Bankruptcy Case 06/03/2002
   
   In Simmons' "Statement

2. 2. The Company

   www.cleanairtech.com/company.h - [Cached]

   Published on: 3/7/2001   Last Visited: 3/7/2001

   William R. Simmons President , Chief Executive Officer and Chairman
   
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   William R. Simmons has served as Chairman , Chief Executive Officer and President of the Company since September 1996. Mr. Simmons was Chairman and President of International Marketing Affiliates , Inc. , an international marketing firm with a subsidiary , Advanced Combustion Technology , dedicated to air pollution control research and development from 1980-1996. From 1974 to 1980 Mr. Simmons served as President of Interpart West Corporation , an automotive parts and accessory manufacturer , and Forming Specialities Inc. , an aircraft and commercial metal forming firm. Mr. Simmons holds a number of patents in the automotive and pollution control fields. Mr. Simmons also served as a Board Member and International Director for PONY Baseball Inc.

3. 3. ETS, The Company

   www.etsusa.net/company.htm - [Cached]

   Published on: 3/19/2001   Last Visited: 3/19/2001

   - William R. Simmons President , Chief Executive Officer
   
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   William R. Simmons has served as Chief Executive Officer and President of the Company since inception. Mr. Simmons was Chairman and President of Clean Air Technology , Inc. from 1996 to 1999 and International Marketing Affiliates , Inc. , an international marketing firm with a subsidiary , Advanced Combustion Technology , dedicated to air pollution control research and development from 1980-1996. From 1974 to 1980 Mr. Simmons served as President of Interpart West Corporation , an automotive parts and accessory manufacturer , and was a founding principal of Forming Specialties Inc. , an aircraft and commercial metal forming firm. Mr. Simmons holds a number of patents in the automotive and pollution control fields. Mr. Simmons also served as a Board Member and International Director for PONY Baseball Inc.