TwinTurbo.NET: Nissan 300ZX forum - :warning: For the hardcore track guys; Part Two
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Subject :warning: For the hardcore track guys; Part Two
     
Posted by ni[X]it on April 01, 2010 at 9:33 AM
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Message Yea... what do we know about conterfeiting and fraud....

anyway, more information from random resources... I guess a
bunch of my BMW racer friends uses Impact Racing for a LOT
of their gear... cause they are all angry and bitter
bigtime right now. They wont be able to race using their
Impact stuff anymore.

On with the show;


Impact was started by Bill Simpson after the Dale Earnhart accident where they tried blaming the Simpson belt. Bill simpson was asked to leave his company in the best interest of the stockholders and he did. He immediately started Impact Racing but sold off his interest just a few years after they opened and retired. Who ever is holding the reins right now has some questions to answer.


My initial impression from reading through SFI's complaint is that Impact has a doozy on its hands. SFI has sued for counterfeiting, fraud, and breach of contract, among other allegations. The gist of the lawsuit is accurately stated in SFI's original statement online last Friday. SFI has secured the sworn testimony of a former Impact employee who has testified under oath that Bill Simpson directed him, from 2005 through 2008, to secure counterfeit SFI labels from a manufacturer in Hong Kong and that those labels were affixed to Impact seat belts, arm restraints, fire suits, head socks, gloves, and boots. That former employee's sworn testimony is filed as an exhibit to the lawsuit.

Yowza.

If this testimony is accurate (and it might not be; although sworn testimony is typically more reliable than unsworn testimony owing to the penalty for perjury if caught lying under oath, and this could be a former employee with an axe to grind against Bill Simpson (say, for getting fired following the drag racing suit controversy?) then Impact is going to have a tough row to hoe.

For those who are interested, I am posting and sharing the court documents at the link below. The linked document contains a copy of the original verified complaint and all the exhibits to the complaint so that you can check it out for yourself. It's 63 pages and about 4Mb total, although the complaint itself is only 14 pages and the really sexy stuff is only a couple pages of that. If you want to hit just the highlights, jump straight to Page 5, Paragraphs 19 and read through Page 6, Paragraph 27.


https://docs.google.com/fileview?id=0ByS-sEvLAqJdYTRkYzQ1MDgtMDJmNS00ZDAxLWE1NWEtMWQ3OWVhOTg2NTIx&hl=en


On top of which, I can just about guarantee that sometime in the next week or two, Impact is going to find itself the defendant in an enormous consumer class action lawsuit seeking both compensatory and punitive damages from Impact for every racer (and racing organization) that now owns worthless Impact racing gear.


Petz #3
     
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