How does this all work? This section should hopefully answer all your questions on how the refund will be executed. If your question isn’t answered, you’re welcome to send an email to email@example.com.
1. Why are you responsible for dispersing the funds?
My former business partner and I took on the responsibility of collecting the defence funds. As Paul Kimmage stated in September he did not want to have control of the funds, and maintain an arm’s length association with the funds, it was our responsibility.
Due to American IRS laws, my former associate did not wish to have any legal or tax liability. I agreed to assume those liabilities. My assumption of liability was agreed to in writing, and is on record with both legal teams involved with the business dissolution.
2.How much did Kimmage receive?
Kimmage received 21,000.00 CHF in December to pay his outstanding bill to his Swiss lawyer. The bill from the lawyer was 20,000.00 CHF, and 1,000 CHF was also transferred to Kimmage to offset any PayPal costs or monetary conversions.
3. What are the options for the remaining funds?
The funds continued to be at the disposal of Kimmage for defence against the UCI lawsuit for defamation. Upon the official announcement of the dismissal of the lawsuit, the funds will be dispersed to those who request a refund.
4. Why can’t the money just go to Kimmage?
The funds were collected for Kimmage’s defense against a UCI lawsuit. Any other use of the funds would be against the stated reason for which they were collected. Any other use of the funds could open up opportunities for those to file lawsuits against me in a variety of jurisdictions.
5. Are you being sued over the Kimmage Funds?
No. The lawsuit filed in a local Massachusetts court is for a business dissolution between myself and Lesli Cohen. The management of the Kimmage Fund is being used as evidence by Cohen for a favourable business dissolution verdict.
6. If there is a dispute between the former partners, why not have a third party manage the refunds?
A satisfactory neutral third party has not come forward. All parties proposed are associated with my former business partner, and based on the current legal proceedings, a turn over to any of those individuals increases my legal exposure exponentially.
7. Why not let the Massachusetts court decide where the money goes?
As the donors are from a massive cross section of nations, the decision of a US state court could most definitely be challenged. It could also cause additional legal liabilities as I am on record as accepting the liabilities associated with the fund.
8. Why do I have to notify you that I would like a refund?
The original transactions occurred almost a year ago. The attempts to track down and contact each individual donor proactively would take a tremendous amount of time. You may not have the same email address. You may not have the PayPal account anymore. It would greatly extend the timetable for completion of the refunds.
9. Why do I need to provide the email address, PayPal transaction number, the amount, and confirmation of my desire of a refund?
This allows for the proper cross-referencing of the information to ensure a valid refund. Due to the legalities of returning the money, it is important to provide specific proof of the transaction in order to confirm the person requesting the refund is actually you. This is why the PayPal transaction number is important, otherwise, you could dispute later that it wasn’t you who requested the refund. If you have any trouble providing all the required information, please contact firstname.lastname@example.org before submitting your request.
10. Why is there a 90 day notification period? Why can’t it be shorter?
As researched by legal representation in multiple jurisdictions, the 90 day window gives ample time for donors to be made aware of the refund opportunity. It minimizes any disputes that may arise due to a donor unaware of the refund activity.
11. What happens if the UCI restarts the lawsuit against Kimmage?
Due to the fact Brian Cookson has been elected UCI president, and he has clearly stated his opinion on the Kimmage situation, it is doubtful the lawsuit will continue forward. UCI employees have also confirmed it is likely the lawsuit will be dismissed by the end of 2013, and the reason for the activation of this course of action.
12. What percentage of my donation is being returned?
You will be receiving 70% of the donated funds back.
13. How did you arrive at the pro rata percentage?
An accountant has reviewed the transaction record, and the PayPal per transaction charges. The remaining funds were divided into the donation total to arrive at 70%.
14. Are you taking any management fees out of the remaining funds?
No. The only fees that have been deducted from the amount were the original PayPal transaction fees when the funds were sent to the original PayPal account.
15. How will I know what is happening?
Once you submit your request, you will receive an email acknowledgement of the request. After the 90 day period expires, you will receive a second email acknowledging the amount being returned to you, and options on receiving the refund. You will then receive a third email stating the refund is on its way. There will also be periodic status updates on the website.
16. What happens to any unclaimed funds?
Once the refund requests have been audited, reviewed, and tabulated, the unclaimed funds will be calculated. At that time, Kimmage’s Swiss lawyer will be contacted and be given options for which charity the funds should be donated to. The charity will receive the donation in the name of Paul Kimmage.