Note: This first post analyzes Commodore's affidavit to understand the "context." A subsequent posting will analyze the "content."
Also, the post immediately below discusses the lawsuit that James Commodore's affidavit supported.
Full Cooperation with BTU and Almazeedi
James Commodore's own words from the
affidavit he submitted to US Federal Court. [
link: Commodore Affidavit]
- "I also told him [Betancourt] that if there was an actual investigation I would welcome it and cooperate." (Paragraph 24)
- "I have cooperated fully with Ventures' investigation from that time to the present." (Paragraph 25)
Sworn to under the pains and penalties of perjury this 14th day of January 2009.
Signed and sworn before me this 14th day of January, 2009
Notary Public
[
Note: Christina Stephens' signature. She's notarized many of Almazeedi's legal filings.]
By Commodore's own:
- ...sworn statements he acknowledged having fully cooperated with BTU's and Almazeedi's "investigation"
- ...actions (by submitting this affidavit) he fully supported BTU's and Almazeedi's litigation
It's probably a safe bet that other people who've submitted affidavits in support of Almazeedi's multiple lawsuits were not as enthusiastic - to the extent that they actually
WELCOMED the opportunity to participate in Almazeedi's actions - as Commodore. We've not come across a single one yet.
James Commodore:
He states "facts" based on his "...own personal knowledge" yet, in HIS affidavit most of his statements have caveats: Puzzled, Concerned, Not Entirely Sure, Unsure, Struggling to Understand, Not Yet Aware, Still Remained Unsure, etc.
(This is what he tells US Federal Court)
The matters set forth herein are based on my own personal knowledge [James Commodore]. (Paragraph 1)
In connection with this work, I was to collaborate with Martin Betancourt who,
I was advised, was a Ventures senior business executive involved in project development, asset management and related matters. (Paragraph 5)
- Our work together began in July 2008 after Mr. Betancourt returned from business travel to the Persian Gulf where he met with certain investors including the Dubai Islamic Bank. (Paragraph 5)
- Mr. Betancourt' s office was immediately adjacent to my own desk at Ventures. (Paragraph 5).
[
Note: Given the fact that Commodore sat "immediately adjacent" to Betancourt's office, and had already been working at BTU for 3 months or so before their "work together began", it's interesting that Commodore had to be "advised" who Betancourt was. Especially given the fact that, as has been documented elsewhere in this blog, when Betancourt started working at BTU there were only ~10 people working at Ventures - most of them, support staff. How long did it take James to figure things out?]
- I do not know what became of those voluminous documents and files. (Paragraph 11) [Note: voluminous is actually a favorite word of a principal WilmerHale lawyer involved in Almazeedi's lawsuits...The word appears in multiple court filings that are presumably written by different people...It sounds "big" literally and figuratively. Disclaimer: we are not implying that WilmerHale wrote the affidavit for Commodore or all those other people...]
- However, after complying with Mr. Betancourt's requests for documents from my own office computer, I became concerned about precisely what he was gathering and for what purpose. (Paragraph 11)
- I was concerned and somewhat puzzled by Mr. Betancourt's implications of his continuing communications with the Dubai Islamic Bank. (Paragraph 14)
- In the midst of this considerable turmoil, I obviously became concerned about all these events and the fact that I myself had supplied legal documents to Mr. Betancourt. (Paragraph 16)
- I also was struggling to understand precisely what my duties were and who my client was under these strained circumstances. (Paragraph 16)
- I was not entirely sure what was going on at BTU, but I thought it would be prudent to establish a record of what I had provided to Mr. Betancourt as well as the other materials that he may have collected of which I was not yet aware. (Paragraph 17)
- At that time, I still remained unsure about whether there was any misconduct occurring, to whom I should report any potential misconduct or even whether I myself would be accused of wrongdoing if I reported what I knew about Mr. Betancourt's activities. (Paragraph 19)
In the Midst of all this Turmoil, Commodore Remains Lucid
(This is what he communicates to Betancourt a few days before Almazeedi starts his "investigation")
In an email to Betancourt dated Thursday
November 27, 2008 (Thanksgiving Day) Commodore wrote to Betancourt:
Martin,
In case you run into any lawyers, law firms, or companies who may be interested in new hires, attached is my resume.
Try and enjoy your holiday.
James
James Commodore Resume to Betancourt [
Note: Document properties indicate it was created May 1, 2008 and updated November 21, 2008]
Lots of "things start happening" shortly after Commodore Provided his Resume to Betancourt, Thanksgiving 2008.
A short time later, soon after Thanksgiving, Mr. Betancourt and I noticed the presence of Ventures' outside legal counsel (WilmerHale and Leonard Learner?) at our offices and a general flurry of activity. (Paragraph 21)
[
Note: The 1st working day after Thanksgiving in 2008 was December 1]
Given the tone and content of his request to Betancourt just a few days before BTU's and Almazeedi's investigation, which culminated in a lawsuit against Betancourt, it appears that Commodore was chummy enough to provide Betancourt with his resume so Betancourt could distribute it as he saw fit (and wish him a nice holiday in an indirect way).
- This was so in spite of the fact that during the preceding months Commodore was confused, puzzled, concerned, not entirely sure, unsure, struggling to understand, not yet aware, still remained unsure, etc. regarding events and actions vis a vis Betancourt and BTU.
- Why didn't Commodore just run away to the light (Almazeedi) and get far away from Betancourt?
Well, the answer may be found here:
The following day, Friday, December 5, 2008, I was called into an evening meeting with Mr. Al Mazeedi and Ventures' human resources director. Mr. Al Mazeedi told me, in very general terms, that there were significant security concerns at BTU and asked me to disclose to him anything I may know on the subject. Mr. Al Mazeedi asked me to consider the matter over the weekend and to speak with him again the following Monday. (Paragraph 25)
- Betancourt was placed on Administrative Paid Leave on December 9. 2008.
- Betancourt was terminated and sued by BTU (Almazeedi) on January 15, 2009.
- Commodore remained employed by BTU (Almazeedi) until September 2009.
Commodore's Role at BTU Ventures / BTU Industries. Which Version Should One Pick?
[
Note: According to James Commodore's Current Resume he was employed by BTU Ventures and BTU Industries from May 2008 through September 2009.]
What he told in a sworn statement of facts to US Federal Court (that Commodore's a youngin just making his way into the world and completely trusting and relying on others for guidance):
From the James Commodore Affidavit (January 14, 2009)
Prior to my employment at Ventures, my only previous employment after law school was approximately eighteen months as a staff attorney for a Connecticut company that develops, owns and operates wind farms within the United States. At the time of my hire, I made it clear to Ventures that I could not serve as the company's general counsel because I did not have sufficient experience to perform that role. Instead, Ventures hired me with the title of "Corporate Counsel" and with the understanding that Ventures would continue its search for a more experienced lawyer who would serve as general counsel and to whom I would report. (Paragraph 3) [Note: Commodore is "recollecting" events that would have taken place on, or about, May 2008 - the start of his employment with BTU]
The tension was exacerbated on or about September 26, 2008, when Mr. Al Mazeedi announced a staff reorganization of Ventures. My own title was changed from "Corporate Counsel" to "Project Counsel", with impliedly narrowed duties. (Paragraph 7)
I also was struggling to understand precisely what my duties were and who my client was under these strained circumstances. (Paragraph 16) [Note: if Commodore is corporate counsel his client is the company that employs him. I guess we can conclude from this statement that Commodore did not know what he was supposed to be doing and who he was working for.]
In any event, at some point in late October or early November 2008... (Paragraph 17) [Note: this reference was included to provide context on timing.]
What he wanted to tell the world when he gave his resume to Betancourt (that Commdore's an accomplished corporate lawyer, who'd also served as General Counsel):
From the resume modified on November 21, 2008 and provided to Betancourt November 27, 2008.
As Corporate Counsel my primary duty has been to support project and development personnel as their primary legal contact. In that capacity, I have developed, reviewed and negotiated contracts of various types (i.e., joint venture agreements, confidentiality agreements, letters of intent, term sheets); I have reviewed and summarized relevant project agreements and helped guide project and development personnel through the relevant terms thereof; I have provided general legal support to Asset Management functions; and I assumed substantial responsibility in all areas of general transactions, acquisitions and financings, including performing legal due diligence connected therewith, relying on and working with outside counsel and advisors.
I have also had to assume certain of the duties of General Counsel during my time at BTU, having to anticipate and identify legal issues, risks, and opportunities and work with senior management and external advisors to develop strategies and solutions.
After the "coast was somewhat clear" some 18 months after he "left" BTU Commodore can finally remember that he's been working on "billions of dollars worth of project transactions" all along and been very involved in all aspects of the "business"
In his most recent Linked-in profile Commodore claims that he has:
"...worked on billions of dollars worth of project transactions, taken lead roles in project development related negotiations, acquisitions, and financing and other transactions. I have supported project O&M, asset management, consortium formation and bid preparation and equity investment negotiations. In connection with all the above, I have gained substantial experience with corporate formation and structuring, record keeping, and corporate governance."
- Guided a $52 million equity bridge loan repayment.
- Negotiated the acquisition of a 27 MW associated gas-fired simple-cycle plant in Northern Africa.
- Provided legal support to asset management and O&M activities at a 470 MW power plant in Tunisia and a 1200 MW power and desalination plant in Abu Dhabi.
Conclusion
Commodore served Almazeedi very well through his affidavit. Commodore portrays himself in his affidavit as naive and inexperienced in order to "convincingly" claim that he was duped by the more senior executive, Betancourt. Yet, before he joined BTU and after he left BTU he portrays himself quite differently. Which one is the real Commodore?
