25/05/2012
NEWS STORY
Mat Coch writes:
The tit for tat squabble over the Circuit of America's continues with both sides of the debate offering new statements in recent days.
Tavo Hellmund, the man who was instrumental in bringing Formula One back to the United States, was dumped from the project some months ago. That triggered a number of claims and counterclaims which have found their way into the public forum, most notably through the American legal system.
In the latest move COTA suggests that Hellmund had agreed, in writing, to enter into an arbitration process. "Our intent from the beginning has been to resolve this matter efficiently though the agreed-upon binding arbitration process, and we feel that unsealing the court records moves us closer to this goal," said the circuit's Chairman Bobby Epstein.
Michael Whellan, attorney for COTA said: "We believe the facts made public through today's filing strongly support our position that Mr. Hellmund's claims and accusations - and his misrepresentations to Circuit representatives and the public about his ability to assign Formula 1race contracts - only serve to undermine his case.
"We believe the tactics Mr. Hellmund and his legal team have employed to date are meant to purposely generate negative public sentiment about Circuit of The Americas in hopes of extracting a large settlement. Unfortunately, we do not expect these tactics to end anytime soon. Nonetheless, we are prepared to arbitrate this dispute as the parties have agreed to do in writing."
"If Bobby Epstein truly desires and efficient resolution of his dispute with Tavo Hellmund, as he now claims, he can simply honour the $18million buyout agreement that he signed in September of 2011," countered Eric Wetzel, spokesman for Hellmund's legal team. "If not, Tavo is prepared to amend his pleadings to include charges of fraud and other misdeeds, based on newly discovered evidence. We believe this evidence demonstrates that Mr. Epstein intended to force Tavo out of the F1 project from the beginning. As required by the September agreement signed by Mr. Epstein, these new claims will be litigated in the Travis County, Texas courts - not in a secretive arbitration proceeding."
The dispute relates to options to buy investor Red McCombs interests in COTA. McCombs, along with COTA Chairman Bobby Epstein, was given a 75% stake in the business in exchange for their initial investment, with approximately 20% remaining with Hellmund and his Full Throttle Productions company.
Hellmund alleges that soon after the pair came onboard he began getting frozen out of developments as information was withheld and advice ignored. Of the trio Hellmund is the only with motor sport experience, a point relied on heavily in the initial court documents which were filed in early March.
The situation deteriorated to the point where Hellmund, who was originally Chairman of the FIA Formula 1 United States Grand Prix, alleges the pair stopped paying his salary. It's also alleged the finances for the 75% stake Epstein and McCombs received were withheld.
Filed by Hellmund the lawsuit requests the COTA accounting books be opened in order to prove efforts to freeze him out of the company were unlawful, as well as to help determine the level of damages he should be awarded. The dispute has rumbled on ever since, with both sides releasing statements contradicting the other.
Construction at the circuit seems to be on track, with the pit complex having been erected over recent weeks. Formula One is due to arrive in the middle of November for the penultimate round of the 2012 championship for the first United States Grand Prix in five years.