SEC Busts Open $11 Million Insider Trading Ring Involving King’s Point Graduates

Discussion in 'Academy/Military News' started by tankercaptain, Dec 28, 2012.

  1. tankercaptain

    tankercaptain Member

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    This is very upsetting


    SEC Busts Open $11 Million Insider Trading Ring Involving King’s Point Graduates
    BY ROB ALMEIDA ON DECEMBER 28, 2012



    A federal indictment unsealed earlier this month in a U.S. District Court charged nine defendants with insider trading and money laundering surrounding the leaking of confidential information about upcoming corporate mergers and acquisitions, including the merger of shipping companies K-Sea and Kirby Corp.

    The indictment alleges that the criminal conspiracy, led by John Femenia, a 2003 graduate of the US Merchant Marine Academy, netted over $11 million in illegal proceeds as a result of the insider trading activities.

    The indictment charges Femenia, 31; Shawn C. Hegedus, 32; and Danielle C. Laurenti, 31, all of New York, with conspiracy to commit insider trading, conspiracy to commit wire fraud, securities fraud, and money laundering. Femenia and Hegedus are also charged with bank fraud. Femenia was arrested on 13 December in New York, while Hegedus and Laurenti are currently listed as fugitives.

    The remaining six defendants named in the indictment include Femenia’s former Merchant Marine Academy roommate Aaron Wens, as well as Matthew J. Musante, of Miami; Roger A. Williams, of Georgetown, South Carolina; Kenneth M. Raby, of Greer, South Carolina; Frank M. Burgess, Jr., of Charlotte, North Carolina; and James A. Hayes, also of Charlotte. The defendants have agreed to plead guilty to conspiracy to commit insider trading.

    According to allegations contained in the indictment, Femenia, an investment banker who lived in Charlotte and New York, stole material, including non-public information from his employer, Wells Fargo, and its clients about potential and upcoming mergers and acquisitions. The indictment alleges that Femenia provided the inside information to co-conspirators who traded on the information. These co-conspirators then passed the confidential inside information to other co-conspirators who also traded on that information, the indictment alleges.

    The indictment further alleges that Femenia was paid kickbacks for the stolen information in several forms. For example, according to the indictment, Hegedus, who was a stockbroker and Femenia’s high school friend, bought 550 gold bars with proceeds of the insider trading. Femenia then sold four of the gold bars for $70,877 to a precious metals dealer in Oklahoma. According to allegations contained in the indictment, Femenia also received kickbacks in cash, including by co-conspirators making cash deposits by ATM into an account in the name of Femenia’s girlfriend. The indictment also alleges that co-conspirators Hegedus and Laurenti laundered proceeds of the insider trading through a casino in Las Vegas. The indictment further alleges that Femenia and Hegedus engaged in mortgage fraud through the fraudulent purchase of a luxury home in Waxhaw, North Carolina.

    The conspiracy to commit insider trading charge carries a maximum term of five years in prison and a $250,000 fine. The conspiracy to commit wire fraud charge carries a maximum term of 20 years in prison and a $250,000 fine. The securities fraud charge carries a maximum term of 20 years in prison and a $250,000 fine. The bank fraud charge carries a maximum term of 30 years in prison and a $1,000,000 fine. The money laundering conspiracy charge carries a maximum term of 20 years in prison and a $250,000 fine, or a fine of twice the amount of criminally derived proceeds.

    An indictment is merely an allegation, and the defendants are presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law. In addition, the agreement to plead guilty by any other person is not relevant to the guilt of any indicted person.

    In announcing the insider trading indictment, U.S. Attorney Tompkins praised the investigative work of the FBI in Charlotte and thanked the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, and Wells Fargo for their assistance.
     
  2. kp2001

    kp2001 USMMA Alumnus

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    I guess if Martha Stewart can do it anybody can....obviously not a shining moment for those gentlemen to be indicted and at least some apparently are pleading guilty.

    I don't know that this has any more to do with KP than a CO of a ship who graduated from USNA getting fired. Simply fodder for an article.
     
  3. LineInTheSand

    LineInTheSand USCGA 2006

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    Mawwww thaaaaa was never found guilty of insider trading or fraud... just obstruction of justice.


    I couldn't figure out if the only two KPers were the ring leader and his old roommate or all of them. If it's just the two, that is a bit of a stretch, but if it's a number of KPers, I can see the link.

    My roommate was my best man, all of our shananigans occured while we were still cadets. :wink:
     
  4. jasperdog

    jasperdog Member

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    The way I read the article only two of the insiders including trhe source of the alleged source and "ringleader" are Kings Point grads. Just more typical "anti'KP" and/or obsession with KP by Almeidia and his gCaptain franchise. If you want to see the "picture" of an arrogant jerk then just go on over to his website gCaptain and read his profile and look at his lovely "way cool" hipster <NOT> picture that accompany it. Sorry but I'm an old school guy and I gotta wonder what his fellow USNA grads have to think when they take a look at the picture. Way cool and rude Rob - maybe you might think about not portraying such a jerkface image and take off the sunglasses next time.
     
  5. Pima

    Pima Parent

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    I wondered the same thing as LITS regarding ring leaders.

    Just curious, because in the article it states:
    not fellow graduate. Did Wens graduate? I googled Wens, but could not find anything stating he actually graduated from USMMA, just at one point he was his roommate.

    I am sure it will all wash out in the end. For me, personally, why should this be a reflection of the USMMA. They graduated almost a decade ago, they are not at USMMA, it would be akin to holding Hofstra University accountable for Madoff's actions, or Barnard College for Martha Stewart.

    It is horrible indeed that they committed this crime, and I bet it is fodder at KP today, but I would hope rational people realize that this has no tie at all to KP Let's assume they commission 400 a yr. 10 yrs = 4000 commissions. 2 out of 4000 IMPO is a rarity, and that speaks volumes of the quality of the grads.
     
    Last edited: Dec 28, 2012
  6. Spud

    Spud BGO

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    If I may quote my WWII Staff Sargent father: "Anybody that tries to f--- the government doesn't know much about f---ing."
     
  7. tankercaptain

    tankercaptain Member

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    Wens graduated in 03. John's father Jose is a SUNY grad and former head of marine engineering at Kings Point. John should have known better.

    Here is the first article breaking this story. This is not new news. It's been going around the alumni for awhile.

    27 Comments
    PrintOrder Reprints Share
    Wells Fargo banker charged with insider trading

    SEC alleges a Wells Fargo Securities banker had started an $11M scheme


    By Andrew Dunn
    adunn@charlotteobserver.com
    Posted: Thursday, Dec. 06, 2012
    MORE INFORMATION
    Read the SEC charges (.pdf)
    Wells Fargo names insurance chief from Charlotte

    A Wells Fargo Securities banker who worked in Charlotte has been charged by the Securities and Exchange Commission with orchestrating an $11 million insider trading scheme that lasted through this summer, the commission said Wednesday.

    John Femenia, 30, allegedly used his position as an investment banker to find out nonpublic information on four pending merger transactions, according to the lawsuit filed in the federal court in Charlotte.

    He then tipped off friend and broker Shawn Hegedus, 31, of Mt. Sinai, N.Y., who in turn passed the information to other friends, the suit states. Hegedus and eight others who allegedly received trading tips also were charged.

    “Here you have an investment banker who clearly knew better that inside information can’t form the basis of trading decisions,” said William Hicks, associate director for enforcement in the SEC’s Atlanta office, in a statement. “Instead he basically started a phone tree of nonpublic information to enrich friends and others.”

    Femenia lived in the Charlotte area when much of the insider trading took place, the SEC said, but moved to New York in May.

    At least one person who received tips allegedly kicked back a portion of the profits to Femenia.

    Wells Fargo found out about the charges Tuesday and immediately placed Femenia on leave, a spokeswoman said.

    “As the SEC noted in its complaint against Mr. Femenia, Wells Fargo has detailed policies and training programs on the handling of confidential information, and we have a zero-tolerance policy for the misuse of such information,” the bank said in a statement. Wells is fully cooperating with the SEC in the suit.

    How it worked

    The first instance of insider trading described in the SEC’s suit illustrates the tangled web of friendships, relationships and business partnerships that tied together the 10 people charged.

    Logistics companies GENCO Distribution System Inc. and ATC Technology Corp. signed a confidentiality agreement in December 2009 to pursue a merger of the two firms. Wells Fargo was tapped to provide some financing on the deal, and some bankers found out about the plans that same month.

    Femenia found out about the proposed merger between December 2009 and March 2010, according to the suit.

    On March 26, Femenia called Hegedus. The two became friends at an Oakdale, N.Y., high school in the late 1990s. In 2008, Hegedus helped Femenia buy a $1.1 million home in Waxhaw.

    An hour after hearing from Femenia, Hegedus spoke by phone with business colleague Roger Williams of Georgetown, S.C. Thirteen minutes later, Williams began buying ATC stock. Soon after, Hegedus began buying ATC stock as well, the suit states.

    Three days later, Williams met with one of his close friends, Frank Burgess Jr. of Charlotte. Burgess then began buying ATC stock. A week after that, Williams spoke with another close friend, Kenneth Raby of Greer, S.C., who then began buying ATC shares.

    In May, Femenia called his friend Aaron Wens, who began buying ATC stock. During a May phone call, Wens agreed to kick back some of the profits to Femenia, the SEC suit alleges.

    When the two companies publicly announced the merger in July 2010, ATC stock jumped 39 percent.

    Hegedus and his girlfriend and business partner Danielle Laurenti exercised call options on the stock. The other people involved sold their shares.

    A similar pattern unfolded in the 2011 purchase of Smurfit-Stone Container Corp. by Rock-Tenn Co.; the 2011 acquisition of K-Sea Transportation Partners by Kirby Corp.; and the 2012 purchase of The Shaw Group by Chicago Bridge & Iron Co., according to the SEC suit.

    In the other deals, Femenia’s friend Matthew Musante and his father Anthony Musante also were involved, according to the suit.

    Dunn: 704-358-5235 Twitter: @andrew_dunn

    Read more here: http://www.charlotteobserver.com/20...-fargo-trader-charged-with.html#storylink=cpy



    In my humble opinion it does make a difference that he was a Kings Pointer. Around 200 people a year graduate from Kings Point. THE MISSION OF THE UNITED STATES MERCHANT MARINE ACADEMY

    "To educate and graduate licensed merchant mariners and leaders of exemplary character who will serve America's marine transportation and defense needs in peace and war."

    We failed with two individuals to have that happen.
     
  8. jasperdog

    jasperdog Member

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    tankercaptain:

    Are you serious? "We failed"? No they failed us and the institution, assuming they are judged guilty when the trial concludes. "We" consist of a group of ~14,000 living USMMA Alumni, many of whom have the opportunity to prove our integrity in regards to these types of things where we might be able to "get rich quick" every day. The fact this is an outlyer vice any sort of regular occurance would say the institution and our Alumni, of which we are both part, would seem to prove that on the whole the institution that is our Alma Mater is doing just fine in fufilling it's mission.

    Further since as you say "it's old news" around the Alumni Community, I have to ask why then did you feel the need to post this trash in this forum. I'm sure it'll get the USMMA hating trolls over at gCaptain riled up enough to generate countless silly comments and vitriol, why did you feel the need to bring that trash over here?

    What purpose do you feel it will and does serve?

    The trial hasn't happened, it's old news and until either Wens or Feminia are tried and convicted how does it reflect positively or negatively on USMMA? Last I checked we're suppossed to be a country under the rule of law where the accused are innocent until proven guilty. I'll admit it doesn't look good and for someone in Feminia's choosen second line of work - the world of finance - the appearance of this much smoke in and of itself would seem to convey at least some stupid business judgement at best; but that is the point of bringing this here, now?
     
  9. bruno

    bruno Retired Staff Member

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    Well said. The fact that a couple of alums happen to have strayed seems to speak mostly about them, not USMMA. As PIMA pointed out earlier- should Hofstra feel responsible for Bernie Madoff's subsequent actions? Maybe Whittier College should feel responsible for Watergate? Mr Feminia worked in the off shore industry for Seacor before going into banking- maybe they should take a knock too? Alternatively, perhaps we should start by laying the blame on the people who perpetrated the crime (assuming that they are eventually found guilty) and recognize that in the real world- there are always a few who are willing to betray principle for profit despite the best intents of the rest. I sure as heck wouldn't be extrapolating the legal problems of these crooks and tarring KP or the KP community. Like all places KP has its issues, but this isn't one of them.
     
  10. tankercaptain

    tankercaptain Member

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    Bruno
    First no where did I post that these two men are guilty. I am jsut posting prior articles with regards to their questionable behavior.

    Second, I would disagree with you and both yours and Pima's analogies are poor. This website is dedicated to the military, and military colleges, with the idea that the best and brighest of the US go to these institutions to serve their nation.
    Hofstra is not about creating "leaders of exemplary character" or "military officers". Whittier College does not create men and women of honor and integrity dedicated to the marine transportation and defense needs of the US.
    Third they took commmissions as officers in the US Naval Reserve, and the Navy has certain core values,
    Honor: "I will bear true faith and allegiance ..." Accordingly, we will: Conduct ourselves in the highest ethical manner in all relationships with peers, superiors and subordinates; Be honest and truthful in our dealings with each other, and with those outside the Navy; Be willing to make honest recommendations and accept those of junior personnel; Encourage new ideas and deliver the bad news, even when it is unpopular; Abide by an uncompromising code of integrity, taking responsibility for our actions and keeping our word; Fulfill or exceed our legal and ethical responsibilities in our public and personal lives twenty-four hours a day. Illegal or improper behavior or even the appearance of such behavior will not be tolerated. We are accountable for our professional and personal behavior. We will be mindful of the privilege to serve our fellow Americans.

    Courage: "I will support and defend ..." Accordingly, we will have: courage to meet the demands of our profession and the mission when it is hazardous, demanding, or otherwise difficult; Make decisions in the best interest of the navy and the nation, without regard to personal consequences; Meet these challenges while adhering to a higher standard of personal conduct and decency; Be loyal to our nation, ensuring the resources entrusted to us are used in an honest, careful, and efficient way. Courage is the value that gives us the moral and mental strength to do what is right, even in the face of personal or professional adversity.

    Commitment: "I will obey the orders ..." Accordingly, we will: Demand respect up and down the chain of command; Care for the safety, professional, personal and spiritual well-being of our people; Show respect toward all people without regard to race, religion, or gender; Treat each individual with human dignity; Be committed to positive change and constant improvement; Exhibit the highest degree of moral character, technical excellence, quality and competence in what we have been trained to do. The day-to-day duty of every Navy man and woman is to work together as a team to improve the quality of our work, our people and ourselves.

    Fourth I AM NOT TARRING OR FEATHERING KINGS POINT! These two young men came to Kings Point and some how 4 years of an honor code, Navy Core Value training and the regimental system.
    Yes there are always a few bad apples, but system designed to take young men and women and turn them into leaders of honor and integrity should look at this a see how they can do better.
    This can be used as a great training tool for current and future midshipman. Kings Point can use this during their Regimeintal Training periods and during their honor lectures. To not look at the system and see where there are possible flaws is very myopic.

    The point of my post is not to belittle or begrudge Kings Point. It is a wonderful institution with unlimited possiblities, however there is always room for improvement.
     
  11. tankercaptain

    tankercaptain Member

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    It was not my intenetion to upset you. If you really want to talk about this you have my number and you can call me.
    First no where and I mean no where do I say that they are guility.
    Second if you notice my second post has an article date of 6 Dec. Many of us have known about it for the past 3 weeks. Notice I DIDN"T POST IT.
    Third I only posted it because gcaptain and it's out there now.
    Fourth this is not a "bad" thing. To cover up the flaws at Kings Point does not help the school, these things can be used as a tool to better the insitution.
    Yes I know how many living grads there are and in a few years that number will be cut by a third as the World War II generation pass on. I also know how many grads of done great things.
    I'm not on here to bash Kings Point, quite the contrary. I want to see that place suceed more than you know and I want every midshipman to have unparralled opportunites.

    Let me ask you, did you do anything to get recognition for any of these grads?

    Who got Bill Berstein the Michael R Walker Award for herosim? Did you ever visit his grave?
    Have you ever met David Baum? Did you ever talk to him? Did you ever push the alumni office to acknowldege his deeds?

    Let me ask you how often do you deal with midshipman and the moral ambiguities that they deal with at sea? How often do you mentor them with regards to these things?

    This event is an example of what is right and what is wrong.


    This is an unfortunate event, however Kings Point can use this to see where there might be a need in improvement with the honor system and the regiment. Kings Point is in the buisness of create merchant mariners and naval reserve officers of exemplary character and of honor and integrity and somewhere these two fell through the cracks. I view at as a means to make things better.

    Most posters on here really misread what I post or read it the wrong way.

    Like I said, if my posts really burn you up call me and we can talk.
     
  12. kp2001

    kp2001 USMMA Alumnus

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    Kings Point gives one the tools necessary to succeed in life. Those tools include a four year laboratory on doing "what is right." Whether one chooses to use those tools in the future or not is their choice and a small group of outliers does not a trend make.
     
  13. jasperdog

    jasperdog Member

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    Since you asked ...

    1) I don't personally know Berstein or Baum so, no. That said I have lobbied and pushed for recognition, both successfully and unsuccessfully, for other fellow graduates that I felt are good role models. Further I've also pushed both successfully and unsuccessfully for curricula and emphasis changes I felt would be for the betterment of our Alma Mater. I thought you knew that.

    2) As to how often I deal with and mentor midshipmen and or recent grads with the moral ambiguities they deal with at sea (and/or in life for that matter). I can honestly say over the past 5+ years pretty much daily, and I'm not only referring to interactions with my own son. In fact, since you brought it up - what's your honest answer to your own question? And by honest, I mean in response to instances where they in one way or the other seek your advice and consel on such matters? Since if they aren't asking for that sort of input, my experience and guess is just spouting your views to them on such matters is not likely to influence their feelings or attendant actions on such matters much at all.

    Also relative to your response's other contents and comments:

    3)You may have the current number of living graduates at the top of your mind but others reading your post of this drival, might not. I felt it important and relevant to point out to them we are talking about the alleged actions of 2 out of 14,000 (or 0.014%) of the living graduates of USMMA. Further to the point I agree comparisons with Madoff are off base the $ amounts involved here pale in comparison to what its believed Madoff compromissed his morality/integrity for and the effects apparently far more harmful to others. That said I wouldn't call (again if they are found guilty) apparently selling your integrity cheap as a positive or negative in these situations.

    4) I'm not sure that I do have your new cell number nor that you have mine. In fact I'm not positive anymore I know who I'm "conversing with" - if you'd like to continue to do so, please PM me with your info and I'll PM mine back to you and we can do so.

    5) I'm not upset, as far as the fact that you didn't say they were guilty, neither did the gCaptain article you posted, in fact it made very sure in the text to point out the rights of accussed folks - maybe given the fact you had to get past a clearly negative headline that was on the advice of legal counsel to ensure the article's author had a clear defense against possible libel suits. But the headline certainly made implications negative to our Alma Mater - don't you agree? What I am is tired of seeing basically negative stuff on this forum whose stated mission is: "This is a place to ask questions and give answers to general questions for prospective service academy members." (All the Service Academy Discussions) and "Merchant Marine Academy forum for USMMA candidates, parents and midshipmen." (The Merchant Marine Academy - USMMA Forum) - especially when the material is not asked about or relevant to answers to questions by candidates, parents and midshipmen. To that end all it does, in my opinion, is privide grist for the mill by malcontent or otherwise negative people whose motives I generally question more with each passing week/month. I can honestly say as an Alumni 30 years from graduation and the parent of a recent graduate, I have no doubt that USMMA graduates, as well as USAFA, USCGA, USMA, and USNA graduates as well as those who graduate from the State maritime Academies, the ROTC programs and other fine Military Colleges like VMI, The Citadel, Norwich, etc. all have a lot better chance of having a more refined and accurate moral compass than other new college graduates as well as more pronounce, mature leadership capabilities and drive, if for no other reason than both these items are explicitly addressed and considered by them all. I'm not saying no other colleges or universities provide any good experiences in this regard, many do. Nor am I saying we couldn't do better at USMMA or other SAs, the occassional issues that arise certainly do point out there's always an oppotunity to do better. But I'm still wondering what felt was being constructively addressed by reposting the gCaptain article with it's clear anti-KP bias and attempt to sensationalize the situation.

    Like you pointed out and I agree, if you really want to talk about it then lets just make sure we have each other's cell numbers via PM and chat about it. Or perhaps we can do so at the Inagural Reception for the USMMA mids at the USNA Officers club later this month.
     
  14. tankercaptain

    tankercaptain Member

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    I suggest you take the time to look up Bill Bernstein (Bill is dead and he died a hero with 15,000 people at his funeral and I suggest you read up on what he did) and Dave Baum, I give these two gentleman as examples. There are others like Carolyn Kurtz too that I have fought for as role models for midshipman and graduates.


    You want an honest answer, I will remind you I have been sailing since graduation so to answer your question every time I'm at sea since graduating. I have written countless cadet/midshipman evals. I have pulled numerous midshipman's butts out of the fire because of issues that happened to them on other ships, but with me they have done outstanding jobs they have done for my and called up their ATRs to let them know. I have written countless letters of recommendation for grad school. I've been called countless times as a reference. I have helped with career progression getting kids promoted to second, first or chief mate. I have helped when they have been sexually harassed or assaulted. I've helped them when they were worried about that $200 charge on their parents credit card bill, and it wasn't for beer and dinner. I've given thousands of dollars out of my own pocket to cadets because that $20 a day they receive is criminal. I still calls from people asking for advice, or professional development or just my advice on what to do when sailing Chief Mate or First Engineer. I get calls from active duty Navy grads about shipping advice. I hate to tell you when Sandy happened I received daily phone calls on getting oil into the port of NY and that was coming from grads asking my advice.
    For the past 10 years I have ensured that the jewish midshipman had a club. I have made sure that they receive an invite to Jewish Warrior Weekend at West Point. When Kings Point gave every midshipman a bible at gradation but didn't know what to give the jewish midshipman, I bought siddurim for them.



    I will say this as a grad I find articles like this sad and I don't believe that it has a negative tone, but it is important because it can be used as a learning lesson to ensure that others don't do the same. To not reflect on things like this is turning a blind eye to everything out in the real world.
    You do realize that aboard ship we receive letters like this about horrible mistakes made aboard other ships so that we don't repeat the same mistakes.
    Remember this, this forum is an open forum and as such everyone can post the good the bad and the indifferent. If you don't like it, I suggest that you ask the moderators to lock down this site.
    Please note that I haven't posted any other negative news articles about Kings Point grads and to be honest there have been quite a few. I will leave it there, but if you don't know I'm more then willing to send them to you via email.

    I want to remind you I hold upper level licenses. I've sailled in senior officer capacity, have 200 miles of pilotage, served active duty, currently serving in the reserves, received an alumni award, written US Coast Guard Approved courses, taught at GMATS and active in the alumni community. (With that being said, I know your background and can you honestly tell me you can say the same)
    Finally I too wear the ring and if you don't want me posting then kindly have the moderators remove me from this site.
     
    Last edited: Dec 29, 2012
  15. tankercaptain

    tankercaptain Member

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    I'm not hear to get in a chest bumping contest with you. I want to make Kings Point the best and those that graduate be the best. You want to continue this conversion I suggest you PM me and we close this thread.
     
  16. jasperdog

    jasperdog Member

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    Tankercaptain:

    I agree, if you felt I was attacking you, that was not my intent, and please accept my apologies. I know we both want the same thing at that is the best for our Alma Mater.
     
  17. kp2001

    kp2001 USMMA Alumnus

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    Lets keep the thread on topic and not a contest of who has done what for KP.

    Mmmkkaaaayyy, thanks!
     

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