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OC Business News ~ All the latest news that matters to Orange County investors, consumers and businesses.

Five OC Hotels win AAA five-diamond award

November 6th, 2009, 1:30 pm by Gary Warner

pelican-hill-archFive Orange County hotels received AAA’s top rating of five diamonds, the automobile club announced Friday.
The local winners and the number of years on the list:

The Ritz-Carlton, Laguna Niguel, 24
Island Hotel Newport Beach (former Four Seasons), 18
St. Regis Resort, Monarch Beach, 3
Montage Laguna Beach, 2
The Resort at Pelican Hill (Newport Coast), 1

The Ritz-Carlton Laguna Niguel has the longest tenure of any California resort on the list - 24 years. The Resort at Pelican Hill jumped onto the top tier in its first year of existence. The St. Regis held on to its top mark despite going through bankruptcy proceedings.

In all, 17 Southern California hotels and two restaurants received the AAA Five Diamond Award for 2010. Nationwide, the mark went to 113 lodgings and 52 restaurants. The AAA’ uses full-time, professional inspectors evaluate and rate who rate 58,000 lodgings and restaurants.

The other Southern California hotels ton the list and number of consecutive years:

Raffles L’Ermitage Beverly Hills, 9
The Beverly Hills Hotel and Bungalows, 2
The Peninsula Beverly Hills, 17
Four Seasons Resort Aviara, Carlsbad, 11
The Lodge at Torrey Pines, La Jolla, 8
Four Seasons Hotel Los Angeles at Beverly Hills, 9
The Ritz-Carlton, Marina del Rey, 18
Ojai Valley Inn & Spa, 4
The Grand Del Mar, San Diego, 1
Four Seasons Biltmore Santa Barbara, 5
Simpson House Inn, Santa Barbara, 13
Four Seasons Hotel Westlake Village, 2

AAA started listing accommodations in the early 1900s and began ratings in 1937.

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Does the IRS owe you money?

November 6th, 2009, 3:00 am by Mary Ann Milbourn

The IRS owes nearly 1,400 Orange County taxpayers who it has lost track of refunds averaging $948.

cg28fEvery year the IRS puts out its list of unclaimed refunds in hopes the taxpayers will claim the checks that were returned as undeliverable by the U.S. Postal Service.

“We are eager to get this money into the hands of taxpayers, so don’t delay if you think you are missing a refund,” said IRS Commissioner Doug Shulman. “The sooner you update your address information, the quicker you can get your refund.”

The IRS has identified 1,383 taxpayers who live in Orange County — or did when they filed their taxes but may have since moved.  Their refunds total more than $1.3 million.  Nationwide the IRS is seeking 107,831 taxpayers who are owed a combined $124 million.

To find out if you have money coming, go to “Where’s My Refund?” at www.IRS.gov. You have to submit your Social Security number, filing status and the amount of refund shown on your 2008 tax return.  The IRS will provide the status of the refund and, in some cases, will provide instructions on how to resolve delivery problems. You can also change your address online at the same web site.

Taxpayers also can get their refund  information through the IRS’s toll-free number: 800-829-1954.  Be sure to have your Social Security number and other information listed above handy when you call.

To see if you are owed a refund click HERE.

Did you miss this recent Orange County Register business news …

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Former Nicholas aide’s claims reinstated

November 5th, 2009, 7:23 pm by Peggy Lowe

SANTA ANA — Reversing an earlier order, an Orange County judge on Thursday reinstated claims of retaliation and sexual harassment against a company owned by Broadcom billionaire Henry T. Nicholas.

Katherine Nichols, Nicholas’ former personal assistant, sued Nicholas, claiming she was fired after she testified before a federal grand jury investigating the Broadcom co-founder. Nichols was terminated several days after Nicholas was indicted on federal criminal charges involving financial fraud and drugs.

Nichols also sued for gender discrimination by Nicholas and intentional infliction of emotional distress by Nicholas girlfriend, Kim Davis.

In September, Orange County Superior Court Judge Derek Hunt tossed the claims of sexual harassment and retaliation, including the claim against Davis, but let stand two alleged labor violations. Hunt on Thursday reinstated the retaliation and harassment claims against The Management Co., a company partially owned by Nicholas. Hunt apparently thought the company had made a challenge to the claim when, in fact, it had not.

Sima Fard, Nichols’ attorney, said she was happy that the judge reinstated Nichols’ claim and accused Nicholas’ lawyers of misleading the judge.

“The judge is very honorable and I’m confident he’s a very, very fair judge,” she said.

Diane Doolittle, a Nicholas attorney, said the earlier dismissal of claims Nicholas and his girlfriend were not challenged.

“The decision to reinstate certain claims against the company today was based on a pure technicality,” she said. “We will seek an immediate dismissal of the claims against the company based on the judge’s analysis at the prior hearing.”

 Nichols, 39, worked for Nicholas for a year and was fired in June 2008.

Nicholas has pleaded not guilty to 21 federal criminal charges of securities and accounting fraud and to four counts of distributing drugs.

A counter suit against Nichols was filed by Nicholas alleging breach of duties and financial misappropriation.

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Court fines, bars former Lantronix executive for fraud

November 4th, 2009, 4:22 pm by Ronald Campbell

A federal judge has fined Steven V. Cotton, former chief financial officer and chief operating officer of Irvine-based Lantronix Inc., for inflating the company’s revenues.

Cotton agreed to disgorge $344,976.98 in ill-gotten gains plus $62,629.03 interest. He also agreed to pay a $120,000 fine. The Huntington Beach resident was barred from serving as an officer or director of a public company for 10 years.

The judgment, issued Sept. 29 by U.S. District Judge Andrew Guilford in Santa Ana and announced today, concludes a lawsuit brought in September 2006 by the Securities and Exchange Commission. 

The SEC alleged that Cotton inflated Lantronix’s revenues and earnings by “channel stuffing” — deliberately shipping too many products to distributors while granting them unusual, and undisclosed, payment terms and rights to return unsold product. He also allegedly arranged for Lantronix to loan money to a third party, which then bought Lantronix products from one of the distributors.

As a result, Lantronix overstated its revenues by as much as 21 percent and understated its pre-tax losses by up to 98 percent in the second and third quarters of 2001 and the first quarter of 2002. The fake results appeared in the company’s public reports and in a public stock offering.

Lantronix restated the results in 2002, reducing its previously reported revenue by $7.4 million. The restatement caused the company’s stock to fall from $10 to 36 cents per share.

The SEC alleged that Cotton personally profited through bonuses and by selling stock at artificially high prices.

Lantronix agreed in September 2006 to an SEC order to cease and desist from future securities law violations. That December it paid $15.2 million to settle a shareholder class-action lawsuit over the revenue restatement.

 Read the SEC news release HERE.

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Trustee demands more info on Freedom Communications’ bankruptcy

November 4th, 2009, 2:17 pm by Dena Bunis, Washington Bureau Chief

WILMINGTON, DEL. A bankruptcy court official today demanded that Freedom Communications provide more complete information about what it owns and what its holdings are worth as the Orange County Register’s parent company entered its third month of Chapter 11 reorganization.

freedom-monument-sign-cropped-lrgDavid Buchbinder, the U.S. Trustee’s attorney, spent three hours in a Wilmington hearing room reviewing hundreds of pages of financial information for Freedom’s 50 units. A common thread in Buchbinder’s questioning was that there were gaps in the information the company has provided.

At an earlier proceeding in bankruptcy court, Buchbinder said he believed Freedom’s strategy “seems to be to disclose as little as possible for as long as possible.’’ As a Justice Department official, Buchbinder monitors bankruptcy proceedings to make sure companies fully comply with federal laws.

“What are the assessed tax values for each of these properties?” Buchbinder repeatedly asked Freedom Chief Financial Officer Mark McEachen.

While Freedom said in its filings that it owns real estate worth $40.6 million, the company did not specify the value of each property. Nor did it spell out such assets as furniture or equipment in its properties.

Among its properties, Freedom owns the Orange County Register complex on North Grand Ave. in Santa Ana as well as two office buildings at its headquarters in Irvine.

The company also did not provide any federal or state tax returns in which operating losses would have to be disclosed.

When it came to Freedom’s broadcast properties, Buchbinder’s questions revolved around Freedom’s failure to include several cable stations that are part of its holdings.

McEachen said the revenues from all the properties not enumerated were reflected in the overall total revenue reported in the financial schedules Freedom filed.

Lawyers for the unsecured creditors committee have already indicated they plan to challenge Freedom’s pre-packaged bankruptcy agreement with its lenders. Under that plan, the lenders will take control of the company and the $770 million Freedom owes them will be reduced to $325 million.

The company offered the unsecured creditors, who are owed $300 million, a total of $5 million.

If the company is found to actually have more assets than it has reported thus far, the creditors can use that information to try and get more money from the company.

Buchbinder gave Freedom officials until Nov. 23 to provide the additional information he requested. If he’s satisfied, he won’t ask the company back for more questioning. If he’s not another hearing will be held on Nov. 24.

Earlier stories on the Register and Freedom Communications ..

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Freedom Communications hopes for a profit in 2012

November 2nd, 2009, 3:24 pm by Mary Ann Milbourn

Freedom Communications Inc., parent of The Orange County Register, expects to emerge from bankruptcy as a company valued at $400 million to $500 million with a debt of $325 million, according to a reorganization plan filed in Delaware court.

freedom-monument-sign-cropped-lrgAs part of its efforts to reduce expenses, Irvine-based Freedom said it will close The East Valley Tribune, its Pulitzer-prize winning paper in Mesa, Ariz., by the end of this year.  The paper has struggled for years against the Arizona Republic, the dominant paper in Arizona, as well as the loss of advertising revenues and circulation that has plagued the entire newspaper business.

Freedom also expects to reduce payroll and benefits by 5 percent next year by cutting staff companywide. The company has about 5,100 employees at 33 dailies, 77 weeklies, eight television stations, several magazines and specialty publications and in its interactive business.

Freedom entered voluntary Chapter 11 bankruptcy reorganization Sept. 1 with the agreement of most of its banks.

Under the proposed reorganization plan, the company’s debt would be cut from $770 million to $325 million.  In return, the banks would take over Freedom, getting a 98 percent interest.

Current shareholders, including members of the founding Hoiles family and two private equity firms, would get 2 percent of the shares and warrants that would allow them to buy up to 10 percent.

A group of unsecured creditors who are owed $300 million would share in a total of $5 million. If they oppose the plan and it is approved, they get nothing.

The creditors include some highly-compensated retirees whose pensions were cut off and 5,000 newspaper carriers who won a $28.9 million settlement in a suit against the Register over a claim that they improperly were categorized as independent contractors instead of employees.

In a disclosure statement filed with its proposed reorganization plan, Freedom detailed the difficult financial straits that led it to file for bankruptcy.

The company said revenues declined $111 million — 13 percent — in 2008 and dropped another $115 million — 23 percent — in the first eight months of this year. Operating cash flow fell from $150 million in 2007 to $13 million in the first eight months of this year.

At the same time, the company was facing the payout on Sept. 14 of $28.9 million owed to the newspaper carriers and their attorneys.

By filing when it did, the company was able to take back the money for the carriers that had been held in escrow and include the funds among the assets in the bankruptcy filing.  Attorneys for the carriers, however, claim they are still owed the money.

Although Freedom expects to lose $62.8 million in 2010 and $19.3 million in 2011, the reorganization plan anticipates the company will make an $11.4 million profit in 2012 on revenues of $595.9 million.

“The filing of the plan of reorganization and disclosure statement represents an important milestone in our Chapter 11 case. We are especially pleased that we were able to reach this key step in our restructuring process in just two months,” said Burl Osborne, Freedom’s chief executive, in a statement released by the company. “It brings us closer to successfully completing our debt restructuring and positioning the company for future opportunities and challenges that lie ahead in the rapidly changing media industry.”

Hopes for a quick conclusion to the bankruptcy, however, may be hindered by the unsecured creditors, who feel the company’s $5 million take-it-or-leave-it offer is far too small considering the $300 million they are owed.

They argue that, at the very least, the Hoiles family and other current shareholders should not get 2 percent of the company since in a typical bankruptcy, the value of existing shares is wiped out.

The employees whose $17 million in pensions were cut off — about 100 higher-paid current and retired executives and their survivors — feel it is unjust that they should be deprived of retirement funds after contribuing to the company for so many years.

“The very people who built this company and made it strong are the ones most affected,” said Alan Bell, former Freedom CEO. “I think it is wicked and immoral to do this to people who did so much.”

Filing of the proposed reorganization plan and disclosure statement were key steps in the bankruptcy. Still to come: U.S. Bankruptcy Judge Brendan Lenihan Shannon must approve the disclosure statement, which is an explanation of the proposed plan.  The plan then must be sent out to the creditors for a vote before the company can complete its reorganization and exit bankruptcy.

Earlier stories on the Register and Freedom Communications ..

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New luxury jet flights from OC to NY area

November 2nd, 2009, 11:06 am by Gary Warner

safari4bfinalWeekly scheduled charter air flights between Orange County and the New York City area on a luxurious Gulfstream IV private jet will begin Dec. 3. The operation, called Safari Airlines, will fly each Thursday from the Private Jet Terminal on Campus Drive at John Wayne Airport to the New Jersey Private Jet Terminal at Teterboro Airport, just outside of New York City. Return flights will be each Sunday, beginning Dec. 6. The jet has seating for 10 people. Initial cost for flights will be $5,950 each way. Passengers will enjoy cocktails, gourmet meals and in-flight entertainment on Apple laptop computers and Bose headphones. For more information, go to the Safari Air Charters website.

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