Karl W. Miller, Through His Attorney Mark D. Johnson, Today Announced That He Has...
* Reuters is not responsible for the content in this press release.
Karl W. Miller, Through His Attorney Mark D. Johnson, Today Announced That He
Has Filed a Lawsuit Against MMC Energy, Inc. and George Rountree III, the
Company's Lead Independent Director
MIAMI, June 30 /PRNewswire/ -- Karl W. Miller, through his attorney Mark D.
Johnson, today announced that he has filed a lawsuit against MMC Energy, Inc.
(NasdaqGM: MMCE) and George Rountree III, the company's lead independent
director for their intentional infliction of severe emotional distress and
breach of contract. Miller is the founder and a former Chairman, CEO and
director of MMC, a portfolio company Mr. Miller established to acquire,
develop and operate energy assets.
The three-count complaint filed in Martin County, Florida, alleges that MMC
and/or Rountree have sought to deprive Miller of his health insurance coverage
by means of fraud, extortion and the breach of a fiduciary duty. Beginning in
September of 2008, Miller has been afflicted with a series of life threatening
health traumas including a ruptured colon and a massive pulmonary embolism. He
has spent time in intensive care on three different occasions and been
admitted to hospital emergency rooms five times since September 7, 2008.
The lawsuit alleges that Rountree and MMC, first sought to change MMC's health
care provided from the Aetna Life Insurance Company to Oxford Health
Insurance, a regional HMO that does not do business in Florida, where Miller
resides or North Carolina where Miller was initially stricken and has been
treated. While Miller was awaiting further surgery at the Duke University
Medical Center, in late May, Rountree and MMC threatened Miller's wife with
the retroactive cancellation of the family's health insurance.
More recently Rountree and MMC told Miller through the company's payroll
provider that his health insurance has been cancelled effective December 31,
2007. Since that date Miller has accumulated medical bills in the hundreds of
thousands of dollars he had believed were covered by health insurance.
Miller's health insurance policy with MMC, which has been extended under
provisions of Federal law, guarantees him the right to convert his coverage
with AETNA to a private policy, however that conversion privilege may not be
exercised unless MMC issues him an eligibility form which MMC refuses to
provide, in breach of fiduciary duty owed to Miller, the lawsuit alleges.
The lawsuit alleges that the purpose of this outrageous conduct by Rountree
and MMC is to intimidate and silence Mr. Miller and by example, other MMC
Energy, Inc. shareholders who might consider opposing the planned dissolution
of MMC and the liquidation of its assets at distressed prices as proposed in
its preliminary proxy statement filed with the SEC on June 5, 2009.
On April 30, 2009, MMC also filed an amended year end report that reported
substantial, "golden parachute," awards of bonus money and MMC stock to the
company's board of directors and executive officers that had not been reported
in the initial annual report that MMC filed on March 30, 2009, or discussed in
MMC's fourth-quarter earnings call on April 1, 2009. These bonuses and stock
awards were, according to this filing were justified on dual grounds of
performance and retention. In fact, the lawsuit alleges, MMC had sustained a
record operating loss in 2008, under the stewardship of Defendant ROUNTREE and
the intention of MMC management to dissolve the company and sell its assets
obviated any need to encourage retention.
About Mr. Miller:
Karl W. Miller is a globally recognized energy executive and institutional
investor with a balance of both financial and energy sector expertise. Mr.
Miller began his career on Wall Street during the 1980's and has an extensive
background in banking, commodities trading and risk management.
Mr. Miller has a long history in the global energy business and has held a
variety of executive management positions both within the United States,
Europe and Asia. Mr. Miller has bid on over $25 billion in energy related
assets during his career.
Mr. Miller has built, restructured and managed energy businesses for major
public energy companies on several continents including PG&E Corporation,
Electricite de France, El Paso Energy, Enron Corporation and JPMorgan Chase.
Mr. Miller holds an MBA in Finance from the Kenan-Flagler Business School at
The University of North Carolina, Chapel Hill. Mr. Miller also holds a B.A. in
Accounting from Catholic University located in Washington DC.
Mr. Miller is currently on medical leave until late 2009.
About Mark D. Johnson, Esq:
Mark D. Johnson is former fifteen-year federal prosecutor in the Southern
District of Florida where he prosecuted organized crime, RICO and fraud cases,
including securities fraud. He holds a Juris Doctor degree from the Duke
University Law School. His private law practice, Mark D. Johnson, P.A., has
offices in Stuart, Florida.
Contact:
Mark D. Johnson, Attorney at Law
772 223 7700
SOURCE Mark D. Johnson, Esq.
Mark D. Johnson, +1-772-223-7700
Comments (0)
This discussion is now closed. We welcome comments on our articles for a limited period after their publication.



Follow Reuters