Who or what legally owned the assets? The question of whether or not CIC funds were embezzled hinges on which legal entity or entities were in charge of them in the first place.
Viviana Fisher argued in court that the donations should not be considered assets of the pre-incorporation company, rather they were held in trust by the respective account holders for the donors.
The donors merely responded to a fundraising appeal and transferred money to a designated account.
According to its articles of association, the pre-incorporation company was founded precisely for the purpose of acting as the legal entity for incoming donations until a foundation could be established.
The appeal for donations on the CIC website, which referred to four lawyers, also referred to the pre-incorporation company consisting of four shareholders, each of whom was a lawyer.
This was just one week before the first donation was received on July 16th, 2020.
The pre-incorporation company was jointly controlled by each of the four lawyers, regardless of the fact that Hoffman and Antonia Fisher appeared to have played virtually no active role in it.
Further legal recognition of the pre-incorporation company is offered by the fact that invoices for committee work were addressed to the pre-incorporation company by Fulmix Law Firm, by Viviana Fisher and by third parties, and were paid from its escrow accounts.
Fulmich and Fisher also signed the preliminary 2020 financial statements in which the donations were recorded as revenue and in which the committee's expenses were also included.
The so-called loan agreements to Fulmich and Fisher also identified the pre-incorporation company as the lender.
Even had the pre-incorporation company been wound up, it would still, even if reclassified as a wind-up company or a general partnership, have continued to exist as a party subject to legal proceedings until its liquidation.
For all these reasons, the judgment finds that the pre-incorporation company was the legal entity in charge of the donations.
Who or what legally owned the assets? The question of whether or not CIC funds were embezzled hinges on which legal entity or entities were in charge of them in the first place.
Viviana Fisher argued in court that the donations should not be considered assets of the pre-incorporation company, rather they were held in trust by the respective account holders for the donors.
The donors merely responded to a fundraising appeal and transferred money to a designated account.
According to its articles of association, the pre-incorporation company was founded precisely for the purpose of acting as the legal entity for incoming donations until a foundation could be established.
The appeal for donations on the CIC website, which referred to four lawyers, also referred to the pre-incorporation company consisting of four shareholders, each of whom was a lawyer.
This was just one week before the first donation was received on July 16th, 2020.
The pre-incorporation company was jointly controlled by each of the four lawyers, regardless of the fact that Hoffman and Antonia Fisher appeared to have played virtually no active role in it.
Further legal recognition of the pre-incorporation company is offered by the fact that invoices for committee work were addressed to the pre-incorporation company by Fulmix Law Firm, by Viviana Fisher and by third parties, and were paid from its escrow accounts.
Fulmich and Fisher also signed the preliminary 2020 financial statements in which the donations were recorded as revenue and in which the committee's expenses were also included.
The so-called loan agreements to Fulmich and Fisher also identified the pre-incorporation company as the lender.
Even had the pre-incorporation company been wound up, it would still, even if reclassified as a wind-up company or a general partnership, have continued to exist as a party subject to legal proceedings until its liquidation.
For all these reasons, the judgment finds that the pre-incorporation company was the legal entity in charge of the donations.
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