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Revision as of 02:33, 2 June 2012 edit99.144.114.54 (talk) Litigation, bankruptcies and defaults← Previous edit Revision as of 02:34, 2 June 2012 edit undo99.144.114.54 (talk) Blixseth quotesTag: section blankingNext edit →
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In June 2011 Blixseth filed suit against one of his personal attorneys for legal malpractice and personal injury associated with the Yellowstone Club bankruptcy.<ref>, Justia Dockets & Filings, June 8, 2011.</ref> Blixseth is seeking $375 million in damages claiming his former personal attorney Stephen Brown conspired to "plot against" him in bankruptcy proceedings which found Blixseth had looted the club prior to passing it debt-ridden to his wife Edra Blixseth as part of their divorce. Brown denied the claims.<ref>, Bozeman Chronicle, June 9, 2011.</ref> Blixseth's claims were dismissed in March 2012 by U.S. District Judge ] whose order noted, "The Bankruptcy Court addressed the Credit Suisse loan and the marital settlement agreement and concluded that (1) Mr. Blixseth fraudulently misappropriated the proceeds from the Credit Suisse loan and (2) the release in the marital settlement agreement was fraudulent."<ref>, Law360, March 5, 2012.</ref> Blixseth's conspiracy and fraud allegations in the Yellowstone Club bankruptcy were vacated in July 2011 by the federal bankruptcy judge overseeing the case who ruled the accusations were previously addressed and found without merit.<ref>, Greenfield Reporter, 27 July 2011.</ref> Blixseth then filed suit against Credit Suisse and their appraisal company claiming they deceived and mislead him into accepting some $300 million in loan payments which eventually led to the resorts bankruptcy.<ref>, Spokesman Review, 25 July 2011.</ref> A claim to which Credit Suisse responded, "This is simply the latest attempt to shift blame to others and away from his own conduct" in a Bloomberg News report which added,"Blixseth had, among other things, been ordered to pay $40 million to creditors in 2010 when a federal judge pinned the financial collapse of the ultra-exclusive Yellowstone Club on a series of his fraudulent deals."<ref>, Bloomberg News, 25 July 2011.</ref> Creditors are seeking an additional $286 million in alleged misappropriated funds which trustees claim Blixseth looted from the Yellowstone Club prior to its bankruptcy. Blixseth continues to fight these claims and seeks to have the various judgments against him vacated.<ref>, Law360, October 7, 2011.</ref> Bankruptcy Judge Ralph Kirscher, however, ruled against Blixseth's appeal seeking to unravel the Yellowstone Club Bankruptcy and claims against him on September 30, 2011. In his memorandum of decision ruling against Blixseth Kirscher wrote, "The Court is tasked with writing yet another chapter in the Yellowstone Club bankruptcy saga, which has been ongoing for almost three years."<ref>, United States Bankruptcy Court Montana, September 30, 2011.</ref> In June 2011 Blixseth filed suit against one of his personal attorneys for legal malpractice and personal injury associated with the Yellowstone Club bankruptcy.<ref>, Justia Dockets & Filings, June 8, 2011.</ref> Blixseth is seeking $375 million in damages claiming his former personal attorney Stephen Brown conspired to "plot against" him in bankruptcy proceedings which found Blixseth had looted the club prior to passing it debt-ridden to his wife Edra Blixseth as part of their divorce. Brown denied the claims.<ref>, Bozeman Chronicle, June 9, 2011.</ref> Blixseth's claims were dismissed in March 2012 by U.S. District Judge ] whose order noted, "The Bankruptcy Court addressed the Credit Suisse loan and the marital settlement agreement and concluded that (1) Mr. Blixseth fraudulently misappropriated the proceeds from the Credit Suisse loan and (2) the release in the marital settlement agreement was fraudulent."<ref>, Law360, March 5, 2012.</ref> Blixseth's conspiracy and fraud allegations in the Yellowstone Club bankruptcy were vacated in July 2011 by the federal bankruptcy judge overseeing the case who ruled the accusations were previously addressed and found without merit.<ref>, Greenfield Reporter, 27 July 2011.</ref> Blixseth then filed suit against Credit Suisse and their appraisal company claiming they deceived and mislead him into accepting some $300 million in loan payments which eventually led to the resorts bankruptcy.<ref>, Spokesman Review, 25 July 2011.</ref> A claim to which Credit Suisse responded, "This is simply the latest attempt to shift blame to others and away from his own conduct" in a Bloomberg News report which added,"Blixseth had, among other things, been ordered to pay $40 million to creditors in 2010 when a federal judge pinned the financial collapse of the ultra-exclusive Yellowstone Club on a series of his fraudulent deals."<ref>, Bloomberg News, 25 July 2011.</ref> Creditors are seeking an additional $286 million in alleged misappropriated funds which trustees claim Blixseth looted from the Yellowstone Club prior to its bankruptcy. Blixseth continues to fight these claims and seeks to have the various judgments against him vacated.<ref>, Law360, October 7, 2011.</ref> Bankruptcy Judge Ralph Kirscher, however, ruled against Blixseth's appeal seeking to unravel the Yellowstone Club Bankruptcy and claims against him on September 30, 2011. In his memorandum of decision ruling against Blixseth Kirscher wrote, "The Court is tasked with writing yet another chapter in the Yellowstone Club bankruptcy saga, which has been ongoing for almost three years."<ref>, United States Bankruptcy Court Montana, September 30, 2011.</ref>

==Blixseth quotes==

:"It is once your ideas have been transformed into enough money, and if all failed, you would still live your lifestyle, and you understand that just because you have made more money than most, you are not better than the common person. We are all going to die broke." (Blixseth's definition of success) Tim Blixseth

:"I swore I was going to exclusively collect assets and not liabilities for the rest of my life. I swore never to take gambles I couldn’t back up, or that I couldn’t afford to lose. And, I’ve stuck with that ever since." Tim Blixseth

:"Many great ideas go unexecuted, and many great executioners are without ideas. One without the other is worthless." Tim Blixseth

:"The turning point, I think, was when I really realized that you can do it yourself. That you have to believe in you because sometimes that's the only person that does believe in your success but you." Tim Blixseth<ref>, Tim Blixseth, Woopido Business & Finance Quotes, Accessed December 6, 2011.</ref>


==References== ==References==

Revision as of 02:34, 2 June 2012

Tim Blixseth
Born (1950-11-27) November 27, 1950 (age 74)
Roseburg, Oregon, U.S.
NationalityAmerican
Occupation(s)Real estate, timber, songwriter
SpouseJessica Blixseth
Children4

Timothy Lee "Tim" Blixseth (born 1950) is an American real estate developer, record producer, songwriter and timber baron who is best known for co-founding the Yellowstone Club in Montana. Raised in Roseburg, Oregon, Blixseth amassed a fortune in real estate and timber holdings. In 2006, Blixseth was featured in the Forbes 400 List of wealthiest Americans with a claimed net worth of $1.3 billion. However, a 2011 news report estimated his current net worth closer to $200 million and his wealth and asset claims have been the subject of controversy, in and out of court. Blixseth's rise and fall from billionaire status has been the focus of numerous reports and publications on the crash of the ultra wealthy following the 2009 economic downturn. In recent years, Blixseth has been involved in litigation following the bankruptcy of the Yellowstone Club in 2008.

Early years

Timothy Blixseth was the youngest of five children born to Norwegian immigrants who grew up in Roseburg, Oregon. His father was a disabled minister and the family was dependent on welfare. Blixseth claimed he was so poor, that he "ate spam" five days a week or shot his own food using his father's gun. As a child, Blixseth recounted his family being the victim of a financial scam, but lacking the financial resources to afford legal aid to go after the con artists. His family raised him in a self-described "local cult" called the Jesus Name of Oneness Church—a Oneness Pentecostalism sect.

As a youth, Blixseth worked in the local grocery store and lumber mills. He reportedly got his taste for deal making when he bought three donkeys for $75, re-branded them as pack mules and sold them for $225 the same day. He later took that experience into timber land, buying 360 acres (1.5 km) valued at $90,000 for $1,000 down with the balance payable in 30 days. He then immediately flipped the land to the a local timber kingpin for $140,000 netting a $50,000 profit (a 4,900 percent gain). This began Blixseth's career as a developer. After swapping land, Blixseth got into the lumber business directly, owning sawmills and engaging in federal timber contracts. Blixseth engaged in numerous land swap deals and federal timber contracts.

Prior to formalizing his timber and real estate career, Blixseth tried his hand in the music and songwriting business. Blixseth reportedly attended only one hour of community college after high school after which he traveled to and from Los Angeles attempting to launch a music career in Hollywood. During this time Blixseth married and divorced his first wife, failed to make his mark in Hollywood, and eventually returned to Oregon to focus his sights on real estate and timber.

In 1981 he met and married his second wife Edra Denise Crocker, a partner in a local Roseburg-based hotel and restaurant business called Choo-Choo Willy's. Blixseth engaged in numerous land swap deals and federal timber contracts, building on his original successful land flipping experience. However, during this time several of Blixseth's companies went bust and Blixseth defaulted on at least ten timber contracts on the Umpqua National Forest in Oregon, leaving almost $7 million owed to the U.S. Forest Service.

By 1986, Blixseth and wife Edra were forced to declare personal bankruptcy. At the time they claimed $15.4 million in debts and only $4,400 of assets. Creditors later accused them of hiding assets including such luxury items as a Canadian baby lynx fur coat valued at $17,000; a natural-white, full-length mink coat valued at $8,995; a 14-karat gold ring with a 1.198-carat (0.2396 g) diamond valued at $10,800; and a second gold ring with a 1.27-carat (0.254 g) diamond valued at $13,700.

Career

Blixseth’s is a rags to riches and back again story involving government land schemes, Hollywood and courtroom dramas, high finance and political intrigue. Following his 1986 bankruptcy Blixseth returned to timber and land deals, expanding his dealings from Oregon to Montana and earning him a listing in 2006 on the Forbes list of wealthiest American billionaires.

He is the founder and chairman of the Blixseth Group, through which he managed his business and investment efforts. Blixseth, with his second wife Edra, created numerous business entities associated with his timber, music production, real estate and software ventures. These include Blxware, Yellowstone Mountain Club, Yellowstone World Club, Crown Pacific LTD, Big Sky Lumber, BGI, Friday Records, Western Pacific Lumber, Blixseth Family Investments (BFI), TWJ Holdings LLC,and Desert Ranch Management.

Timber

Following bankruptcies in 1981 and again in 1986, Tim Blixseth continued to pursue and rebuild his timber related businesses. In 1988 he co-founded Crown Pacific, LTD with Peter Stott. Stott and Blixseth built the business into a leading timberland owner in Central Oregon overnight. Within one year, the company claimed $44 million in sales. However, along side of financial success for Blixseth and his wife, defaults and controversies continued to follow them.

In August 1989, the Pacific Northwest Region of the Forest Service recommended the "suspension and debarment of Timothy L. Blixseth, Edra D. Blixseth, Crown Pacific Ltd... and any other businesses with which the Blixseths may be associated" for his contract defaults and business practices. During this time Blixseth was involved with three Oregon companies which suffered significant financial losses and defaulted on 22 national timber sale contracts owing the U.S. Forest Service more than $8 million. Two of Blixseth's timber companies, Capital Veneer and Capital Log Sales, filed for bankruptcy with debts totaling more than $16 million. A third company, Little River Box Co., was dissolved following two federal contract defaults. By 1992 Blixseth had sold his interests in Crown Pacific and had moved his focus from Oregon to Montana where he launched Big Sky Lumber.

Big Sky Lumber was a joint venture partnership among Tim Blixseth, Mel and Norm McDougal, and Charles Holliman. Using the Big Sky Lumber partnership Blixseth disrupted negotiations between Ted Turner, the Nature Conservancy and Plum Creek Timber who were attempting to place some 140,000 to 165,000 acres (570 to 670 km) of timber land in the Gallatin National Forest into a protected conservation trust. In early 1992 Tim Blixseth and his Big Sky Lumber partners paid US$27.5 million to the Plum Creek Timber Company to acquire the 165,000 acres (670 km) and the Belgrade sawmill inside the Gallatin National Forest. The Big Sky Lumber venture brought in additional partners and quickly sold off 25,000 acres (100 km) for $6.5 million to developers to create the Moonlight Basin ski and golf resort. Here again, Blixseth was a beneficiary of the Cave Mountain land exchange between the Beaverhead-Deerlodge National Forest and Moonlight Basin enabling the development next to the Cave Mountain Research Natural Area. In 2009 Moonlight Basin filed for Chapter 11 bankruptcy protection. Simultaneous to the Moonlight Basin deal, Blixseth sold the Belgrade sawmill and a multi-year timber contract to the Louisiana Pacific timber company for $9 million.

In 1995 Blixseth's Big Sky Lumber sold another 8,100 acres (33 km) to the U.S. Forest Service for $16.4 million and then swapped the remaining 101,000 acres (410 km) in checkerboard layout for 47,000 acres (190 km) contiguous and an additional $25 million. Following this final sale and swap, Blixseth dissolved the Big Sky Lumber partnership and divided up the proceeds keeping 15,000 acres (61 km) and tens of millions in cash for himself. The cash and new acres became the foundation for Blixseth's Yellowstone Club project. Blixseth with Pittsburgh financier James L. Dolan, also started the Spanish Peaks development, a high-end but somewhat less exclusive resort on neighboring property to the Yellowstone Club with land from the swap deal. Spanish Peaks announced it was closing and filing for bankruptcy in 2011. Between sales to timber interests, developers and the U.S. government, Blixseth's team grossed $56.9 million and 47,000 acres (190 km) of prime development real estate valued at over $100 million in less than three years from the date of their initial $27.5 million dollar investment of which Blixseth reportedly put less than $3 million.

During these years Blixseth leveraged political contacts developed via hundreds of thousands in campaign contributions to facilitate the land exchanges with the state and federal governments needed to put together his real estate development projects. Ted Turner was so appalled by Blixseth's dealings with the government and politicians, and irked by Blixseth's disruption of his attempts to protect the Gallatin lands from development, that he called him out in a 1996 speech as a "serial defaulter" noting, "I made my money by creating things, not by sticking taxpayers."

Even following his trail of Forest Service defaults, bankruptcies and related controversies, Blixseth has continued his timber and real estate development dealings with the federal government. Via investments in Oregon-based Western Pacific Timber Blixseth is involved in an ongoing (2011) controversial attempt to flip some 40,000 of former timber land for development with the U.S. Forest service as part of the Upper Lochsa River Land Exchange in Idaho.

Yellowstone Club, Greg LeMond and Credit Suisse controversy

Flush with cash and land from his 1995 deal with the U.S. Forest Service, Blixseth began development of 15,000 acres (61 km) of pristine Montana real estate outside of Big Sky. Blixseth later re-characterized this beginning to a Montana Bankruptcy court as “I started the club with a pick-up truck and a hammer.” Early on Blixseth began courting politicians and celebrities ranging from Jack Kemp to Warren Miller to help attract investors and members. At the same time Blixseth was securing financing from a range of investors, many of whom were unaware of the others, and who would later come forward following the Club's bankruptcy in 2009.

The early days of the Yellowstone Club were a boon to Tim and Edra Blixseth. In 2005 alone, they took in over $200 million from the sales of building lots and memberships to wealthy business leaders, media icons and celebrities. Early Club members and investors included Bill Gates, Mary Hart, Dan Quayle and Steve Case. However, leading to the Club's eventual financial failure was Blixseth's dealings with cyclist Greg LeMond. In 2002 LeMond, with four other family members and associates, became investors with Blixseth in the Yellowstone Club. Each of the five partners paid Blixseth $750,000 for one percent shares in the exclusive resort. LeMond also purchased several building lots and maintained a property at the resort. LeMond and partners sued Blixseth in 2006 following reports of a Credit Suisse loan to the resort of $375 million from which Blixseth reportedly took $209 million in a disputed partial payout for his ownership stake.

The Credit Suisse loan was based on a $1.16 billion Cushman & Wakefield valuation of the resort (which was also the basis for Blixseth's billionaire net worth status by Forbes) and for which LeMond and partners each sought $11.6 million for their one percent shares. LeMond settled his suit with the Blixseths for $39 million in 2007; however, he and his partners remain creditors as the Blixseths defaulted on a $20 million payment followed by their divorce and bankruptcy of the Club in 2009.

Around the same time, Denise Ann Touhy, the Yellowstone Club's VP of finance who had extensive knowledge of Blixseth's financial situation, died at her Big Sky home from an explosion caused by a propane gas leak. Although no evidence of foul play was found in Touhy's death, local press reports claimed "rumors started circulating among club members that her death was related to the LeMond lawsuit." The LeMond suit, Touhy's tragic death and exposure of the Credit Suisse loan opened Blixseth up to scrutiny by other investors and Club members driving discussions to seek an outside buyer for the Club. Before a deal could be put together, however, the Club's real financial situation began to unfold. As part of his divorce, Blixseth transferred the Club and its debts to wife Edra pushing the Club into bankruptcy protection from which it was subsequently sold to outside investors led by Boston-based CrossHarbor Capital Partners.

During the bankruptcy trial, elements of which are still facing appeals by Blixseth, Montana federal bankruptcy judge Ralph Kirscher laid the blame for the Club's financial demise with Blixseth and the Credit Suisse bankers whose actions were characterized as such "naked greed" as to "shock the conscience of the court." Kirscher ruled that Edra and the Club's financial problems which led to its bankruptcy "were caused largely by fraud and deceit on the part of Tim Blixseth." Lawyers for Blixseth's creditors also claimed, “The corporate greed of Credit Suisse and Mr. Blixseth’s sense of entitlement” were a toxic combination which led to the Club's demise. The Credit Suisse loan agreement allowed Blixseth to take up to $209 million cash out for himself. While technically that sum was a loan from the club to BGI, Blixseth’s wholly owned holding company, Blixseth in turn borrowed $190 million of that personally from BGI. The Club and its creditors committee allege these were in effect sham loans that Blixseth never intended to repay—and cited as evidence the fact that the promissory notes for those loans were not even secured by any assets. Montana state tax officials agreed and are seeking some $57 million in unpaid taxes from Blixseth associated with the Credit Suisse payout.

In turn, Blixseth is suing Credit Suisse for making the loan to him using the Yellowstone Club bankruptcy case findings claiming the loan was part of a broader Credit Suisse scheme to generate high fees and defaults from which Blixseth claims he is a victim. Blixseth's son Beau is also separately suing Credit Suisse claiming they deliberately orchestrated the failures of at least other four major resort projects in which the Blixseths were also investors so that it could acquire them on the cheap. Represented by his father's attorney Mike Flynn, Beau Blixseth is seeking $24 billion in damages from Credit Suisse claiming fraud, negligence and breach of fiduciary responsibility. Tim Blixseth has also appealed aspects of the Yellowstone Club bankruptcy; however, the judge so far has found Blixseth's claims unconvincing, noting, "Given the evidence, Blixseth’s arguments are without support."

Lochsa Land Exchange

In 2005 Tim Blixseth, using TWJ Holdings LLC, engaged in a land transfer deal with Plum Creek Timber in the Upper Lochsa section of the Clearwater National Forest in Idaho. Then in 2006, Blixseth initiated a timber land swap scheme with the U.S. Forest Service using that land to consolidate his holdings similar to the land swap and consolidation deal from which he created the Yellowstone Club, Spanish Peaks and Moonlight Basin developments in Montana. In 2008, Blixseth and TWJ Holdings transferred the property rights to Western Pacific Timber, a company for which Blixseth was also cited as president in 2008 and manager in 2009, and proposed to sell and consolidate the timber parcels in the Lochsa River section of the Clearwater National Forest. The proposal is opposed by former forest service employees who have characterized the privatization of protected forest land as a violation of the public trust. Blixseth has asserted he plans to run the proposed newly consolidated and privatized federal land as a tree farm for logging. Critics content the purpose of this exchange, however, remains unclear noting the timber lands have already been heavily harvested.

Software

Throughout the Yellowstone Club evolving debacle, the Blixseths were developing other business interests leveraging their new found friends in the political and business elite. In 2006 the Blixseths invested $10 million in a Seattle software company which once claimed it could compress as many as 50 movies onto one DVD. A claim Bill Gates reportedly told the Blixseths sounded "impossible but worth billions" if it worked. It did not, but led the Blixseths to form Blxware to pursue other related technology opportunities. Formally Blxware was a partnership between Edra Blixseth and a software developer named Dennis Montgomery created in 2006. Blxware’s key product was promoted as software designed to recognize patterns and objects in video streams, and the company had obtained government contracts to develop it for national security applications. To develop the technology Blxware made further investments in a company founded by Warren Trepp called eTreppid. Trepp, once a top trader for Michael Milken, later alleged that the Blixseths stole computer code that purportedly could sift through broadcasts from Qatar-based news network Al- Jazeera and find embedded messages from terrorists.

The Blixseths reportedly had tried to use connections with the Republican party to sell the software to the government for $100 million. Hoping to win more government money, Ms. Blixseth turned to influential friends, like Yellowstone Club member Jack Kemp, the former New York congressman and Republican vice-presidential nominee, and Conrad Burns, then a Republican senator from Montana. Kemp and Burns became minority stakeholders in the Blxware venture. According to the New York Times, Mr. Kemp used his friendship with Vice President Dick Cheney to set up a meeting in 2006 at which Mr. Kemp, Mr. Montgomery and Ms. Blixseth met with a top Vice President Cheney adviser, Samantha Ravich, to talk about expanding the government’s use of the Blxware software.

However, like the video compression software, the video recognition software did not perform to claims. Co-workers disclosed to investigators that test results shared with the government had been doctored. The software was reportedly responsible for a false terror alert which grounded international flights and caused Department of Homeland Security Secretary Tom Ridge to raise the government's security level. And because the software was being tested for the military, the federal government is investigating. In February 2006, the FBI opened an economic espionage and theft of intellectual property investigation. The U.S. Air Force office of Special Investigations is also investigating.

Songwriting

Tim Blixseth kept his musical dream alive by writing and recording a song in 2001, "Pray for Peace," to raise money for victims of the 9/11 attacks. He founded and heads Friday Records. Tim Blixseth is listed as executive producer for Love & life sound recording with Eric Benét. Heart of America is a charity single written by Tim Blixseth. The song was performed by Wynonna Judd, Michael McDonald, and Eric Benét to benefit the victims of Hurricane Katrina as an anthem that Blixseth claimed raised $127 million for hurricane-relief charities. . Blixseth is also the listed producer for Hurricane.

Assets

See also: Yellowstone Club

The Blixseth assets at one time included Porcupine Creek, a 249-acre (1.01 km) personal residence and private golf course, acquired by Oracle chairman and billionaire Larry Ellison following Blixseth’s divorce and resulting bankruptcy. Claimed to be part of their plans to expand the Yellowstone Club concept into a world-wide venture, Blixseth and wife Edra purchased Château de Farcheville a 15 bedroom, 1,000-acre (4.0 km) French castle valued at $60 million and 265 acres (1.07 km) at the famed St. Andrews Golf Course in Scotland valued at $12 million. The Blixseths also purchased at least two mega-yachts worth $25 million: Tooth Fairy – 147’ Sterling motor yacht and Piano Bar – a 157’ Picchiotti motor yacht and a $36 million Gulfstream IV private jet promoted to be part of the Yellowstone Club World venture. Blixseth's other high-price assets included a $400,000 Rolls Royce Phantom, a $300,000 Rolls Royce Corniche, a $200,000 BMW 760 and a $175,000 Aston Martin Volante. The castle, jet and yachts, like Porcupine Creek, are being sold off as part of Blixseth’s divorce and related bankruptcy filings.

Tim Blixseth’s other properties include his Medina, Washington home valued at $6 million, a private 5-acre (20,000 m) island in the Turks & Caicos with a 30,000-square-foot (2,800 m) home called Emerald Cay listed for sale in 2011 at $75 million, a 2,400-acre (9.7 km) private Mexican beach and golf resort called El Tamarindo with an estimated worth of $40 million currently held in bond pending resolution of creditor suits in Montana Bankruptcy Court, and Casa Captiva, a 10,000-square-foot (930 m) home in Los Cabos, Mexico valued at $12.85 million.

Blixseth also once claimed to own the world’s most expensive home, called Pinnacle, which promotional materials represented as a 32,000-square-foot (3,000 m) home atop Pioneer Mountain within the confines of his exclusive Yellowstone Club. Real estate listings provided interior and exterior pictures and descriptions of Pinnacle, listed at $155 million in 2007, replete with retractable helipad (helicopter included) and built in private gondola. Pinnacle was never built and Blixseth sold the land it was supposed to be built on.

Divorce

Tim Blixseth's second divorce to wife Edra Denise Crocker was first touted in 2009 as a case study in amicable separations where the two hashed out their agreement over wine at a Hollywood hotel without attorneys. However, wife Edra and creditors later claimed Blixseth duped her into taking on debt encumbered assets while keeping cash and siphoning off liquid assets for himself. The debt burden which accompanied Ms. Crocker's portion of the divorce settlement subsequently forced her and the Yellowstone Club business into bankruptcy.

While initially both were quoted amicably about each other and the divorce, the tide quickly changed as the details Ms. Blixseth's newly acquired financial debts came to light. Commenting on ex-husband Tim, Ms. Blixseth told the New York Times in 2009, "I would rather feel the cold steel of a revolver in the roof of my mouth and pull the trigger than to ever think about living a day with that man again." And, in text messages entered as evidence by the trustee for Edra Blixseth's estate, Tim Blixseth told her that she was "the center of evil" and declared "you and your gang are going to jail."

The trustee for Edra Blixseth's estate have filed a lawsuit against Tim Blixseth seeking to set aside their divorce settlement on the grounds of fraud, claiming she was swindled during the divorce, with her ex-husband taking the better half of their shared fortune and leaving her and the Club with massive debt from the Credit Suisse loan. A California Superior Court judge claimed that the Blixseths' marital settlement agreement (MSA), ""was, and remains, the most unusual settlement agreement that I never put on the record..." Edra Blixseth was forced to sell Porkupine Creek Estate and golf course to Larry Ellison and also sell Chateau de Farcheville in France, due to the bankruptcy. Blixseth has countered with claims of fraud and allegations that wife Edra is under criminal investigation for her role in defrauding investors and conspiring to steal the Club from him.

Litigation, bankruptcies and defaults

Blixseth’s personal and professional life has been marked by strings of well-publicized lawsuits. He, wife Edra and children (Matthew Crocker, Beau and Morgan Blixseth) are named parties in over 100 combined cases in a half dozen states involving bankruptcies, divorce, false claims, contract disputes, personal injury, fraud and racketeering. The Blixseth litigation saga now includes several suits against one another with husband, ex-wife and children suing one another. According to a Montana bankruptcy judge, the Blixseth "web of corporations, real estate holdings and operating companies, and their subsequent acrimonious divorce" generated a volume of bankruptcy and related litigation hearings unprecedented in the court's history.

Blixseth's legal troubles also extend overseas to a 2009 investigation by the Government of the Turks & Caicos charging him with falsifying sales documents to avoid paying real estate transfer fees. According to the suit, Blixeth and his business partners are liable for an outstanding stamp duty of $1.7 million as well as a penalty of $7 million. Blixseth responded to the charges through his attorney Mike Flynn claiming the charges were an "extortionate attempt to extract money from Mr. Blixseth" and the real responsible parties were corrupt government officials. Claiming he was "set up" Blixseth vowed to fight the charges by "exposing all the corruptions" in the Turks & Caicos Islands. In June 2011, the Turks & Caicos government found Blixseth and the companies associated with the sale guilty of "a carefully crafted scheme of tax evasion" and ordered a judgement of US$1.25 million, pushing judgement on additional penalties to a later date.

Echoing a theme that his legal issues are the result of government corruption and conspiracies against him, in 2010 Blixseth filed suit to have Federal Bankruptcy Judge Ralph Kischer removed from a case in which the judge issued a $40 million fraud judgement against him. Blixseth alleged the judge was biased against him and had conspired with Montana state government officials and the creditors suing Blixseth. The creditors, however, also disagree with the judge and have appealed his ruling claiming they are owed not $40 but $286 million by Blixseth. In response to the conspiracy and bias charges, Judge Kirscher ruled against Blixseth request for recusal noting, "This Court has not and will not succumb to any pressure, political or otherwise." Adding, Blixseth's "ultimate goal" appeared to be to upset prior rulings in the numerous cases against him pending various appeals.

In a separate bankruptcy case against Blixseth brought by California, Idaho and Montana tax officials in Nevada seeking tens of millions in allegedly unpaid taxes, Blixseth again claimed he was the victim of conspiracy and government corruption. "The state of Montana, the Montana Department of Revenue and their partners were in cahoots," Blixseth told the Associated Press claiming Montana Governor Brian Schweitzer conspired with his ex-wife Edra, Yellowstone Club creditors and the tax authorities in three states seeking to bring him down. Blixseth added, "It's completely and absolutely provable, and we will be bringing all the facts out shortly." The state tax authorities, creditors and Governor Schweitzer all denied the conspiracy claims as "baseless allegations" having "no factual basis." In a subsequent press release by his attorney Mike Flynn, Blixseth claimed, "All parties who played any role in the forced bankruptcy will now be subject to depositions, including Montana Gov. Brian Schweitzer."

In June 2011 Blixseth filed suit against one of his personal attorneys for legal malpractice and personal injury associated with the Yellowstone Club bankruptcy. Blixseth is seeking $375 million in damages claiming his former personal attorney Stephen Brown conspired to "plot against" him in bankruptcy proceedings which found Blixseth had looted the club prior to passing it debt-ridden to his wife Edra Blixseth as part of their divorce. Brown denied the claims. Blixseth's claims were dismissed in March 2012 by U.S. District Judge Donald W. Molloy whose order noted, "The Bankruptcy Court addressed the Credit Suisse loan and the marital settlement agreement and concluded that (1) Mr. Blixseth fraudulently misappropriated the proceeds from the Credit Suisse loan and (2) the release in the marital settlement agreement was fraudulent." Blixseth's conspiracy and fraud allegations in the Yellowstone Club bankruptcy were vacated in July 2011 by the federal bankruptcy judge overseeing the case who ruled the accusations were previously addressed and found without merit. Blixseth then filed suit against Credit Suisse and their appraisal company claiming they deceived and mislead him into accepting some $300 million in loan payments which eventually led to the resorts bankruptcy. A claim to which Credit Suisse responded, "This is simply the latest attempt to shift blame to others and away from his own conduct" in a Bloomberg News report which added,"Blixseth had, among other things, been ordered to pay $40 million to creditors in 2010 when a federal judge pinned the financial collapse of the ultra-exclusive Yellowstone Club on a series of his fraudulent deals." Creditors are seeking an additional $286 million in alleged misappropriated funds which trustees claim Blixseth looted from the Yellowstone Club prior to its bankruptcy. Blixseth continues to fight these claims and seeks to have the various judgments against him vacated. Bankruptcy Judge Ralph Kirscher, however, ruled against Blixseth's appeal seeking to unravel the Yellowstone Club Bankruptcy and claims against him on September 30, 2011. In his memorandum of decision ruling against Blixseth Kirscher wrote, "The Court is tasked with writing yet another chapter in the Yellowstone Club bankruptcy saga, which has been ongoing for almost three years."

References

  1. Billings Gazette, BillingsGazette.com. Retrieved October 2011.
  2. Forbes Tim Blixseth, Forbes.com. Retrieved March 2011.
  3. Ex-billionaire to seek sanctions, Seattle Times, May 19, 2011.
  4. Blixseth fraud trial court seeks assets and answers, New West, February 25, 2010.
  5. Crash of ultra wealthy a warning to us all, The Spectator, November 20, 2011.
  6. Yellowstone Ski Resort for Super Rich Files Bankruptcy, Fox News, November 12, 2008.
  7. Tim Blixseth asks judge to punish tax officials, will donate all punitive damages to legal aid, Tim Blixseth Press Release - PRNEWS Wire, June 2, 2011.
  8. Paradise Lost, Forbes Magazine, February 6, 2008.
  9. ^ Here's how Blixseth did it, Bozeman Chronicle, April 12, 2008.
  10. Tim Blixseth biography, Woopidoo.com, undated, accessed December 8, 2011.
  11. World's most expensive house, The Independent, January 27, 2007.
  12. Tim Blixseth, Twisted saga of a former billionaire, Property & Wealth Magazine, December 2011.
  13. Montana's members only mountain, Oregonian, March 18, 2001.
  14. ^ Commons or Commodity? The Dilemma of Federal Land Exchanges, Western Land Exchange Project, January 2000.
  15. Crown Pacific deals its way into county timber market, The Bulletin (Bend, DeChutes County, Oregon), December 2, 1988.
  16. name="Here’s How Blixseth Did It">/ "Here's how Blixseth did ti". Bozeman Daily Chronicle. Retrieved April 12, 2011. {{cite web}}: Check |url= value (help)
  17. The $100 million house the Blixseth built, Bozeman Chronicle, April 15, 2008.
  18. Spanish Peaks closes, employees laid off, Bozeman Chronicle, October 10, 2011.
  19. Paradise lost, Fortune Magazine, February 6, 2008.]
  20. Land locked: Lochsa exchange opposition mounts, Missoula Independent, April 21, 2011.
  21. Tim Blixseth defends Yellowstone Club deals, New West, April 29, 2009.
  22. The most expensive private clubs, Forbes, September 1, 2005.
  23. "That’s Tim as in timber," Denver Westword News, 12 January 1994
  24. "LeMond claims he was swindled on Montana’s millionaire mountain," Bloomberg News, 27 October 2006
  25. "Greg LeMond ‘s lawsuit with exclusive club settled," "USA Today," 15 August 2008
  26. "LeMond continues long legal fight with Yellowstone Club," New West, 21 November 2008
  27. Paradise lost, Fortune, February 6, 2008.
  28. Credit Suisse executives receive subpoenas, Blixseth Group press release, September 15, 2010.
  29. Blixseth's son leads new lawsuit against Credit Suisse, New West, January 4, 2010.
  30. Judge: Blixseth responsible for Yellowstone Club collapse, New West, August 18, 2010.
  31. Upper Lochsa exchange document timeline, Stop the Swap, January 2012.
  32. Lochsa Land Exchange Overview, Stop the Swap, undated post accessed december 2011.
  33. Former North Idaho forest employees blast land trade, Spokesman Review, March 23, 2009.
  34. Purpose of land exchange remains unclear, Moscow Pullman Daily News, October 19, 2011
  35. Hiding details of dubious deal, U.S. invokes national security, New York Times, February 19, 2011.
  36. Programmer conned CIA, Pentagon into buying bogus anti-terror code, Wired Magazine, December 28, 2009.
  37. Nevada company's troubles, Las Vegas Review Journal, June 7, 2009.
  38. Blixseth's tune raises $127 million for ongoing hurricane relief efforts, The Desert Sun, August 30, 2006.
  39. Yellowstone at St. Andrews doomed, Golf Digest, February 2, 2009.
  40. Tooth Fairy, Charter World, 2010.
  41. Piano Bar, Charter World, 2010.
  42. For island Blixseth asks $75 million, or maybe a jet, Wall Street Journal, December 12, 2008.
  43. Casa Captiva, Los Cabos properties offered by Snell Real Estate, 2010.
  44. The Pinnacle at Yellowstone Club, Ultimate Homes, 2007.
  45. Most Expensive Home Ever Built, The Most Expensive Journal, 2007.
  46. A billionaire divorce - and not a lawyer in site, Wall Street Journal, January 2, 2007.
  47. Edra Blixseth gets the Yellowstone Club, Forbes, August 16, 2008.
  48. Checkmate at the Yellowstone Club, New York Times, June 14, 2009.
  49. IN RE: Blixseth, Case No. 09-60452-7, Adv No. 10-00088, United States Bankruptcy Court, D. Montana, January 3, 2012.
  50. Bankrupt Montana resort founder Blixseth faces criminal probe, Bozeman Chronicle, October 11, 2010.
  51. Twisted saga involving former billionaire Tim Blixseth takes another turn, Forbes Magazine, April 7, 2011.
  52. IN RE: Edra Blixseth, debtor & Richard Sampson, plaintif v. Timothy L. Blixseth, Desert Ranch, LLP., United States Bankruptcy Court, Memorandum of Decision, January 3, 2012.
  53. TCIG sues billionaire Blixseth, Turks & Caicos Sun, December 2011.
  54. Billionaire Blixseth sued for stamp duty, Turks & Caicos Free Press, December 13, 2010.
  55. US billionaire threatens to expose Turks & Caicos corruption, Caribbean News Now, December 15, 2010.
  56. TCIG successful in recovering stamp duty on Emerald Cay, Turks & Caicos Government Press Release, June 23, 2011.
  57. Blixseth says bankruptcy judge biased, Billings Gazette, October 11, 2010.
  58. Judge won't step down from Yellowstone bankruptcy cases, My Desert News, February 28, 2011.
  59. Ex-billionaire takes on Montana authorities, Associated Press, May 19, 2011.
  60. Blixseth press release, PR Newswire, May 18, 2011.
  61. Blixseth v. Brown, Justia Dockets & Filings, June 8, 2011.
  62. Yellowstone Club founder blames lawyer for woes, Bozeman Chronicle, June 9, 2011.
  63. Yellowstone Club Owner's $375M Malpractice Suit Shut Down, Law360, March 5, 2012.
  64. Judge vacates further hearings in Montana resort bankruptcy case, Greenfield Reporter, 27 July 2011.
  65. Resort founder sues Swiss bank for fraud, Spokesman Review, 25 July 2011.
  66. Failed resort owner wants to join $2.5 billion lawsuit, Bloomberg News, 25 July 2011.
  67. Yellowstone Trustee loses bid to raise $40M judgment, Law360, October 7, 2011.
  68. Memorandum of Decision in RE: Yellowstone Mountain Club, LLC Case Nos. 08-61570-11, 08-61571-11, 08-61572-11, 08-61573-11, United States Bankruptcy Court Montana, September 30, 2011.

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