Friday 30 October 2020

Avocet boss rebuked by US law firm

by DOUGLAS SHEPHERD

A shareholder letter issued earlier this week by Martin Frost, the head of Avocet Natural Capital PLC, has incurred the wrath of a law firm in the United States which has warned the businessman "all references to this inaccurate information must cease immediately".

Mr Frost has stepped up his campaign against those Avocet investors he believes are 'leaking' his correspondence to outsiders. He claims the alleged miscreants face the prospect of being extradited from the UK to Delaware to serve jail terms for breaching Non-Disclosure Agreements [NDAs]. But that assertion has been rubbished in many quarters.

Here in detail is what Mr Frost told Avocet's 650 shareholders in a missive dated October 29th: "Avocet Solutions Inc. (a US Delaware company set up by Joe Biden’s Wilmington boutique law firm which apart from Avocet dealings oversees the Du Pont family’s legal matters) has the footprint on Avocet’s intellectual property found in Avocet IP Limited (part of the Avocet Natural Capital group).

"Indeed even if Avocet Solutions Inc. was not part of the Avocet NDA (which it is) then those that write on and are part of the Forum, social media or other blogs are liable under Delaware intellectual property legal jurisdiction as to all their utterances which could damage intellectual property in which the US has an interest. Finally, the Delaware courts in matters of intellectual property consider such not just as a civil but criminal offence which can result in extradition from the UK and lead to imprisonment in the US."

The letter also included yet another verbal attack on Aileen Orr and members of her family from Berwickshire who Mr Frost claims "fabricated great untruths and fake news" about the Avocet businesses.

But when Mary Browder, of the Wilmington, Delaware law firm Monzack Mersky, Browder & Hochman was shown the contents of Mr Frost's letter she reacted immediately.

In an email sent to Mr Frost and his fellow Avocet director Dr Bob Jennings, a copy of which has been posted on the Avocet Shareholders' Forum, Ms Browder wrote: "In your Disruption document two false statements immediately came to my attention.  Former Vice President (Biden) is not affiliated with my law firm (and has not been since before he joined the U.S. Senate in 1972).  Also, we do represent the Du Pont family.  All references to this inaccurate information must cease immediately."

Then, in a follow up message she pointed out: "I just noticed my typo in my hurry to respond.  My firm does NOT represent the Du Pont family."

As reported in these columns Mr Frost has announced his intention to possibly dissolve Avocet Natural Capital following the establishment of a new company called Gennfros Ltd with Lancashire-based accountant Paul Newsham at the helm. Mr Frost's company Loch Lomond Heritage holds 50% of the Gennfros shares.

A 'Question and Answer' document circulated to investors says: "Gennfros Limited has not even used the ‘avocet’ name let alone any intellectual property or physical asset from any Avocet company. The heart of Gennfros Limited is and will be some forty plus filed and to be filed new patents – it is this intellectual property along with the adjoining concepts that has prompted world interest in Gennfros Limited."

Stakeholders and potential investors are also told: "Noteworthy, within Avocet Natural Capital Plc shareholders there is a substantial cadre of ex-ICI directors who have backed Avocet and Dr. Bob Jennings (who most regard as a pioneering chemical genius).

"Likewise, it is Avocet pertinent that the Du Pont’s family business, Dow Chemicals, some ten years ago purchased a number of Bob’s ozone patents (those that can deal with Covid-19) for over a million pounds – cheap at the price one can now argue. So, Bob and his team have created many new patent families – such now gives Gennfros Limited its value."


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