Alleged Actions of Eddie & Cynthia Shauberger and F. Ray Akins

LIBERTY, August 22, 2007 - The lawsuit brought in the 55 District Court in Harris County Texas brought by Robert and Albert Palmarez against Eddie & Cynthia Shauberger and F. Ray Akins contains allegations concerning the activities of Akins and the Shaubergers that are worth reviewing in light of recent events.

Eddie Shauberber and Robert Palmarez went into partnership in 1999. Robert Palmarez put up all the money. Palmarez then retained 34% of the stock as his own and transferred 33% of the stock to Albert Palmarez and 33% to Eddie Shauberger.

The suit brought by Robert Palmerez and Albert Palmarez against Eddie Shauberger, Cynthia Shaubeger and Ray Akins alleges the following.

1. Eddie Shauberger transferred assets of the business to a new business entity thought to be a new corporation set up by Ray Akins and Eddie Shauberger.
2. Eddie Shauberger breaches his duty of loyalty by making efforts to take away clients, customers and referral sources of business for Immanuel Home Health Care.
3. Eddie Shauberger paid himself more money than was authorized by the corporate officers by concealing such payments from Robert and Albert Palmarez by refusal to allow access to company records, banks statements and by destroying and concealing important documents.
4. And by authorizing a Dell Computer charge account in the name of the corporation and then using that account to purchase items for his own personal use and the use of his family and friends, including big screen TV’s, laptop computers, and other consumer electronics.
5. And by using other company credit cards for his own personal benefit involving expenditures beyond any reasonable business purpose
6. And by knowingly failing to make deposits for payroll tax liability, thereby placing the business in further jeopardy and creating personal liability for his partners, Albert and Robert Palmate.
7. And by engaging in self-dealing and conflict of interest of transactions without following proper corporate procedures for disclosure to their directors and shareholders.
8. And, by attempting to change the signature car for the company account at JP Morgan Chase Bank in an effort to remove Albert and Robert Palmarez as authorized signers.

The suit further alleges that Eddie Shauberger attempted to gain exclusive control over the corporate checking account by presenting a fake corporate resolution for that purpose. No such resolution was ever approved by corporate officers. According to the lawsuit, this overt act was done pursuant to a conspiracy by and among, Eddie Shauberger, Cynthia Shauberger, F. Ray Akins and LCST, LLC. These actions, according to the lawsuit, constitute acts of fraud against Robert and Albert Palmarez.

The law suite alleges that on August 9, 2007, F. Ray Akins and Eddie Shauberger threatened Albert Palmarez and coerced him into leaving the business premises of Immanuel Home Health Care (operating as Signature Home Health). F. Ray Akins is alleged to have misrepresented himself to be a police officer by flashing a badge, telling Albert Palmarez that he was working with the FBI and that is was an “official investigation.”

Akins is further alleged to have threatened other employees of the business with criminal prosecution in order to coerce them from giving information concerning the conspiracy between Eddie & Cynthia Shauberger and Akins to Albert and Robert Palmarez.

The suit further alleges that F. Ray Akins misrepresented himself as the “Corporate Legal Secretary” of Immanuel Home Health Care and that misrepresentation is in the form of a written document.

Eddie and Cynthia Shauberger were served with papers on Monday but F. Ray Akins left for Portland Oregon before papers could be served. These papers were the injunctions against them

1. Barring them from the company offices, engaging in any transactions involving assets, bank accounts or credit cards account of Immanuel Home Heath.
2. Communicating with any third party on behalf of Immanuel Home Health Care including contacting Medicare or any other payors for services
3. Refraining from making any threats to any current of former employees of Immanuel Home Health Care
4. The return to Immanuel Home Health Care al property obtained from Dell Computers by us of the charge account of Immanuel Home Health Care including the big screen TV’s, computers and consumer electronics.
5. Not contact any customer or clients of Immanuel Home Health Care.
6. Not contact physicians, hospitals or other referral sources of clients for Immanuel Home Health Care.

The next court proceeding concerning this matter will be on Monday, August 27, 2007 in the 55th District Court in Harris County Texas where witnesses for Robert and Albert Palmarez and the Shaubergers are supposed to appear.

According to legal sources these allegations brought by Robert and Albert Palmarez could represent criminal wrong doing on the part of the defendants if proven true in addition to resulting in civil penalties and liabilities.

i-dineout.com attempted to reach Akins and the Shaubergers however, Akins is out of town and could not be reached and the Shaubergers are out of town as well and could not be reached.

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