June 18, 1993 SECTION: Vol 16; No 42; Sec 1; pg 1 LENGTH: 1623 words HEADLINE: Trustee hawks Armstrong assets: Socialite cowboy investor loses cars, real estate as court appointee gets aggressive BYLINE: Darrell Preston DATELINE: Dallas; TX; US BODY: As a forilner rodeo cowboy, Connie "Chip" Armstrong Jr. knows how to stand up after taking a fall. That's exactly what the fireman-turned-hotshot investor seems to have done. Two years after financial upheaval forced his companies into bankruptcy protection, Armstrong is back on the social scene, most notably as a $ 25,000 sponsor of the tony Cattle Baron's Ball. But Armstrong's troubles are far from over. A California court trustee is charged with liquidating Armstrong's companies and has sued to collect $ 85 million court documents allege Armstrong misappropriated from Hamilton Taft & Co., a company he had owned and operated. So companies Armstrong owned have lost cars, real estate, investments, a box at Texas Stadium and his ranch near Tyler. In all, trustee Frederick Wyle has recouped $ 7.7 million for companies Armstrong controlled, according to a report filed in bankruptcy court in San Francisco. But that's only a fraction of what creditors claim they are owed. And Wyle continues to pursue money for creditors of Armstrong's companies, employing increasingly aggressive tactics. The trustee has hired Joseph Jamail, a big-gun Houston attorney famed for reprsenting Pennzoil in its suit against Texaco, and has sued the Big Six accounting firm, KPMG Peat Marwick, alleging the firm helped Armstrong defraud $ 85 million from Hamilton Taft. Armstrong has denied wrongdoing in court documents, blaming Hamilton Taft's financial problems on mismanagement by a previous owner. He said he invested the company's money aggressively to turn it around quickly, according to court documents. The FBI is investigating Armstrong's handling of Hamilton Taft funds, according to bankruptcy court documents and FBI agents in San Francisco. Clients have alleged that they paid Hamilton Taft to administer their tax payments, but that the company never made the required payments of payroll taxes to the IRS and other taxing authorities. PAGE 2 Dallas Business Journal, June 18, 1993 Not to mention the fact that Armstrong's latest payment of bankruptcy court claims was a $ 225,000 personal check that bounced, according to the trustee's report. "There was never any money in the bank account," said Patricia Mar, a San Francisco lawyer who represents Wyle. "He gave us a stif check." But here in Dallas, Armstrong still cuts a wide swath through the social scene. This month he was honored for his contributions to the Cattle Baron's Ball set for June 19 at the Double M Ranch near Sherman. He received the Amnerican Cancer Society's Excalibur Award for giving more than $ 100,000 to the organization. Armstrong's checks to the Cattle Baron's Ball, which is celebrating its 20th Anniversary of raising money for the American Cancer Society, have Eiven the event an important boost. Those involved with the event aren't familiar with his continuing financial problems. "His problems haven't affected us," said Brooke Stollenwerck, publicist for the Cattle Baron's Rall. "We're very appreciative. He's made a difference this year." Armstrong also has been active in rodeo events and charities that support inuscular dystrophy research, the opera and even his former employer, the Allen Fire Department. As the trustee tries to collect assets for Hamilton Taft, Armstrong has begun a new business venture. "He's trying to rebuild his life and his business," said Lowell Duncan, Armstrong's Dallas publicist. Last fall Arinstrong invested in a Southfield, Mich., company that guarantees checks and collects unpaid checks written to retail merchants. Publicly held Comp-U-Check Inc., which Armstrong bought by investing in debentures, has struggled. It was hit by a sharp increase in bad check losses in 1991, according to documents filed with the Securities and Exchange Commission. That year the company lost $ 208,000 on revenue of $ 6.6 million and received a warning about capital problems from its accounting firm. Armstrong this year relocated Comp-U-Check to Dallas. In February he took an advance from Comp-U-Check to make a $ 233,275 payment to the trustee, according to the trustee's report. Hamilton Taft's problems surfaced in 1991, when Armstrong's operation of the San Francisco-based company was questioned. The company processed tax payments for Federal Express Corp., Neiman Marcus Co., Stanford University, Verbatim Corp. and others--but several clients alleged that Hamilton Taft did not follow through in paying the required taxes. Three Hamilton Taft customers forced the company into bankruptcy in March 1991 amid allegations that Armstrong diverted tens of millions in dollars the customers had paid for taxes. Four other companies controlled by Armstrong followed and were consolidated in Hamilton Taft's bankruptcy. PAGE 3 Dallas Business Journal, June 18, 1993 Wyle was appointed trustee of the consolidated cases, and continues to attempt to recover assets for creditors--despite Armstrong's appeal of the appointment to the U.S. Supreme Court. Armstrong was not available for comment at press time. Duncan, his publicist, said Armstrong was out of town and couldn't be reached for comment. Duncan said he wasn't able to comment on the bankruptcy report. "There's always two sides to every issue," Duncan said. In court records and at a bankruptcy court trial of an adversarial proceeding late last year, Armstrong said his activities with Hamilton Taft funds were intended to cure financial problems that existed when he acquired the firm. He blamed the problems on its prior owner, Maxpharma Inc. He said his strategy was to invest Hamiltun Taft's cash flow aggressively in undervalued assets that would increase in value. A bankruptcy judge rejected that defense, ruling that Armstrong's "conduct constituted a breach of fiduciary duty and conversion," according to bankruptcy documents. The judge hasn't ruled on the amount he owes, but the trustee is claiming $ 85 million. Bankruptcy ducuments detail investments Armstrong's companies allegedly made using Hamilton Taft funds that have been seized by the trustee. Court documents show Armstrong companies bought real estate from the Resolution Trust Corp., a federal agency cleaning up failed savings and loan associations. In January 1991 Armstrong's Dresdner Enterprises Inc. bought the Seven of Sonterra project from the RTC for $ 1.9 million. The project included 23 townhouses and 28 single-family home sites near the seventh hole of Sonterra Country Club in San Antonio. The property since has been sold for $ 2.9 million, though the net profit is less because of expenses. The trustee sold Armstrong's box at Texas Stadium for $ 1201000 in July 1992. Armstrong had purchased three boxes in March 1990, but sold two in 1991 after Hamjlton Taft was forced into bankruptcy. The trustee has seized Armstrong's 49% interest in Pro Rodeo Inc., which stages rodeos and supplies rodeo stock, and Armstrong's 30% interest in Rodeo Partners Ltd., which owns the Mesquite Arena. Armstrong invested in Pro Rodeo with former rodeo star Don Gay. He invested in Rodeo Partners with Gay; Gay's father, Neal; and Dallas Mavericks owner Don Carter. Bankruptcy documents said Armstrong spent $ 1.9 million in Hamilton Taft funds on his rodeo interests, which so far haven't generated any income. So far Wyle has raised $ 7.7 million by collecting assets and selling them to recover creditors' losses. Most physical assets have been sold, except the Double C Ranch, now named the HTC Ranch, near Tyler. Armstrong paid $ 6.5 million for the 1,700-acre luxury ranch and $ 3 million for improvements, maintenance and livestock, according to trustee documents. The trustee almost had a deal to sell the ranch for $ 5.1 million in late 1992, but the sale fell through. The trustee also has settled or obtained judgments with others who received money from Hamilton Taft, including Washington, D.C., businessman Mohamed PAGE 4 Dallas Business Journal, June 18, 1993 Hadid for $ 10 million; San Antonio businessman Stanley Rosenberg for $ 400,000; $ 3 million from Costa Mesa, Calif.-based Parker Automotive Corp.; and $ 325,000 from the McCall family in Plano, according to the documents. Hadid filed a court motion to have his judgment set aside on grounds that he hadn't been served. But the trustee said in court documents that Hadid had been served in Albertville, France, during the 1992 Winter Olympics. The McCall family received $ 600,000 in loans from Armstrong's Knightsbridge Cos. Inc., but tbey were made payable to Armstrong. Armstrong sold the notes back to the McCalls for $ 275,000, which the bankruptcy trustee sought through a lawsuit. Hamilton Taft funds also wound up in Coffea International Inc., a company run by Armstrong's brother, Robert Armstrong, and a company that invested in shopping centers, the documents said. The trustee also recovered $ 400,000 when the Dallas law firm of Meadows, Owens, Coilier, Reed & Coggins agreed to turn over prepaid legal expenses one of Armstrong's companies had given the firm. Paul Coggins, who has been nominated to U.S. Attorney in the Northern District of Texas, said he no longer represents Armstrong. Meanwhile, the trustee has begun looking to other sources to recover losses; from Armstrong's management of Hamilton Taft. The trustee hired Jamail to pursue a lawsuit against underwriters of Lloyds of London who wrote fidelity bonds for theft by Hamilton Taft employees. The suit in Houston seeks $ 50 million. In March the trustee sued the accounting firm of KPMG Peat Marwick and one of its partners in San Francisco Superior Court alleging conspiracy and aiding and abettjng Armstrong's breach of fiduciary duty and conversion. The suit seeks $ 85 million in actual damages and punitive damages. The suit alleges Peat Marwick consulted in Armstrong's implementation of his business strategy. GRAPHIC: Photo SUBJECT: Financial services; Entrepreneurs; Bankruptcy; Liquidation; Creditors; Litigation; Southwest NAME: Connie Jr Armstrong GEOGRAPHIC: Southwest Region; Dallas; TX; US COMPANY: Hamilton-Taft & Co; SIC: 6099 Comp-U-Check Inc; DUNS: 04-900-2199; SIC: 7399;7323; TICKER: CMUC CO: COMPUCHECK CORP; HAMILTON TAFT & CO; LOAD-DATE-MDC: July 22, 1993