Monday, October 11, 2010

andy sanborn

i once ran a political campaign for an honest and kind and all-around amazing person named harold janeway. he is really wonderful and the new hampshire state legislature will be losing a class act when senator janeway retires when the new class of senators is sworn in after the 2010 elections.

but that is not who i am here to talk about. i am here to talk about andy sanborn, senator janeway's opponent in 2008 and the republican nominee for nh district 7 again in 2010. 

in the interest of full disclosure, i gotta say that andy sanborn did file a police report against me for vandalizing his yard signs. i also gotta say that i never once touched his signs, as certain readers of this blog will attest. i went to the police station and cleared up the matter, filing a counter report with them, end of story. but not really. see, after presumably knowingly filing a false police report, mr. sanborn knowingly filed a press release (rife with grammatical, nevermind factual errors) stating that i was arrested for the aforementioned offense. this was the day before the election, this just reeks of someone who is trying to fabricate a scandal. the news outlets that picked up the press release quickly obliged in removing it when i called offered them the phone number for the hillsborough police department for clarification and pointed out that not only was it false, but it was also a pretty clear cut case of libel. so, even though senator janeway won, i have a bit of a bone to pick with andy sanborn.

there was an article published about mr. sanborn in my hometown newspaper, the concord monitor, entitled "Candidate says he 'took it on the chin' in bankruptcy filing" (june 30, 2008). this article lays out the unsavory details of mr. sanborn's checkered businessman past. you should read it, he comes across an almost comically cliche conniving politician. to honor mr. sanborn's resurgence, i want to present you with a hypothetical here. 

say you want to make some money, pretty much everybody does, right? where do you draw the line? 

see, the way i figure, a person can start a business selling, oh, i don't know mittens and socks. now when you start a business, it is wise to start it as an LLC, which, as i understand, shields the owner(s) from being personally financially liable for any debts the business incurs, should the business be incapable of paying. and now you can start another business (LLC) that gets mortgages and acquires real estate. say your interest is not in running a business per se, but just having money. if you wanted to, your real estate business(es) could rent space to your mitten and sock business for over the market price of the space. you could operate the mitten and sock business with the loan you were given and your mitten and sock suppliers ship you their goods net 30, meaning that you have 30 days from the receipt of the shipment to pay for the goods. now, your mittens and socks might be flying off the shelves, maybe you've priced them to, but your assets are diminishing 'cause you can't really afford the space you're in. fortunately for you though, your real estate company is doing great! that mortgage is getting paid off super fast, and it is a 15 year mortgage so your interest rates are really low! now say after 14 years or so, your mitten and sock business starts lagging on its payments, in fact you are placing new orders that you need to sell real quick in order to pay off the previous supplier. you just keep paying that rent though! eventually, your supplier might get sick of getting paid late and start asking questions. at that point you assuage them by telling them you are going out of business and the proceeds from the sale will be used to pay them back. but all throughout the sale your mitten and sock business is paying the rent you owe yourself. you keep telling the suppliers you'll have the money after the sale. eventually they might get sick of it and force you into bankruptcy, which will certainly ruin you. but no, when the court comes looking, you have no assets! hooray! your mitten and sock business can pay back literally only 5% of money they owe to creditors! but surely they will seize and sell the property to pay back creditors? they can't, it is a separate and unrelated LLC and it can't be touched! and your mortgage is paid off. you have no personal liability to the creditors, as it was your LLC that incurred the debt... you did it! if you're feeling really frisky, your real estate business can even file a claim for back rent against your mitten and sock business! 

i'm not sure how i thought up this idea, but i think it might work! it just depends on where you draw the line? are you ok with personal gain at the cost of others?

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