Purchase Orders

What This Document Is

This is Exhibit G to docket entry 52 (entry 52-12), a 7-page affidavit of William White sworn October 2019, filed in support of WVEDA's motion to convert or dismiss the case. White identifies himself as General Manager and Vice President of Panthera Training, LLC since June 1, 2018, and previously Program Manager then Director of Operations for Panthera Training Center, LLC ("PTC") from March 2014 to June 2018. The affidavit is followed by Exhibit C-6 (a customer/revenue list White states was given to him by Robert Starer, purporting to show the debtor's and PTC's "existing customers" as of May 2018, provided by Punelli and Jones) and Exhibit G-1 (a comparison table White prepared from Exhibit C-6, showing projected versus actual 2018 revenue by customer).

Factual Summary

White attests that of the customers listed in Exhibit C-6 as current, seven did not in fact have current training contracts at the debtor's facility as of May 2018. Exhibit C-6 itemizes purchase orders, multi-year contracts, and overseas contracts totaling $4,730,000 in "Annual Revenue" for FY2018, against a "Projected Revenue" column totaling $6,570,000; line items include a 3-year federal-agency contract at $1,125,000 and a 5-year USASOC blanket purchase agreement at $1,000,000. Exhibit G-1, White's own comparison table, restates the same $4,730,000 "Projected Revenue" against a computed "2018 Actual Revenue" total of $1,221,381.35 — roughly 26 percent of what was projected. Comparisons in Exhibit G-1 show the $1,125,000 federal-agency contract producing only $319,265.42 in actual revenue and the $1,000,000 USASOC agreement producing $0.00. One annotation notes "we are still waiting for payment of $172,000.00 from Panthera Ent LLC," an unresolved receivable disclosed within the exhibit itself.

Key Facts

Affidavit sworn October 2019; filed as Exhibit G to docket entry 52 on November 2, 2019
Central sworn fact: 7 of the customers listed as "current" in Exhibit C-6 did not have current training contracts as of May 2018
Exhibit C-6 (attributed to Punelli and Jones, May 2018): $4,730,000 total "Annual Revenue," $6,570,000 total "Projected Revenue"
Exhibit G-1 (White's comparison, FY2018): $4,730,000 projected vs. $1,221,381.35 actual total revenue
Largest gap: a $1,000,000 five-year USASOC blanket purchase agreement shown with $0.00 actual 2018 revenue
Separate unresolved receivable disclosed: "$172,000.00 from Panthera Ent LLC" still owed

Source Caveats

Exhibit C-6 is characterized in the affidavit as a document given to White by Robert Starer, itself purporting to reproduce a list "provided by Punelli and Jones" — this summary attributes the underlying customer/revenue representations to Punelli and Jones accordingly, not to White or Starer.
Use the linked source file for exact quotations, the complete customer-by-customer tables, and full pagination.

Date: 2019-11-02

Full text

EXfflBIT G
No. 2:19-bk-00787    Doc 52-12    Filed 11/02/19    Entered 11/02/19 10:03:07    Page 1
of 7

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
In re:
PANTHERA ENTERPRISES, LLC,
Debtor
WEST VIRGINIA ECONOMIC
DEVELOPMENT AUTHORITY,
Movant
V.
PANTHERA ENTERPRISES, LLC,
Respondent
BK No.2:19-bk-00787
Chapter 11
AFFIDAVIT
)
STATE OF WEST VIRGINIA
COUNTY OF HARDY
)
to-wit:
This day personally appeared before me, a Notary Public in and for the jurisdiction
aforesaid, William White, who, being duly swom, stated to the best of his personal knowledge
and belief, that:
1.
I am currently Général Manager and Vice Président for Panthera Training, LLC
("Panthera Training"L and bave been in this position since June 1, 2018.
2.
Between March 2014 and June 1, 2018, I was employed by Panthera Training
Center, LLC ("PTC") as Program Manager and then Director of Opérations.
- 1
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3.
While employed by PTC, I became familiar with the clients of PTC and with the
clients of Panthera Enterprises, LLC ("Debtor"). These are clients that contracted with the
Debtor or PTC for training to be performed at the Debtor's 750 acre training facîlity located in
Hardy County, West Virginia.
4.
I have reviewed the document attached to this Affidavit as Exhibit C-6, a
document given to me by Bob Starer, purporting to show PTC's and/or the Debtor's "existing
customers" as of May 2018.
5.
Attached as Exhibit G-1 and incorporated herein by reference is a document I
prepared from Exhibit C-6, showing which of the customers listed in Exhibit C-6 had current
contracta for training at the Debtor's training facility as of May 2018, and the actual revenue
coHected in 2018.
6.
Seven of the purported existing customers listed on Exhibit C-6 did not have
current contracta for training at the Debtor's training facility as of May of 2018.
Further the Affiant saith not.
William White
Taken, subscribed and swom to before me this_il__aay of October, 2019.
s
y commission expires:
Uo
[NOTARIAL SEAL]
OFFICIAI SEAL
Noiary Public, State 01 West Virginia
I
 BRANDI S. DELAWOEB
a,.
309 Tannery Hcllow Rd.
Moorefie!(I.WV 26836
My Commission Expires August 18.2021
nStarypUbuc
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EXHIBIT C-6
Income Sources FY 2018, with list of "current customers"
provided by Puneili and Jones in May 2018
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Panthera Enterprises LLC
Income Sources FY 2018
FY 2018 Current Customers (Contract Length)
Purchase Orders
^^^^^^|(Purchase Orders)
Orders)
(Purchase Orders)
Agency)
(Purchase Orders)
Contracts
BH(3-year: Fédéral Agency)
(3-year)
HH^^^^KS-year -
- Shoot/Orive Scénario Trng (3-year)
(5-year
Three-Letter Agency (Sustainment Training)
(3 classes in FY 18)
Oversea^Confracts
^^^■(7-year-H||($97M Ceiling)
Annual Revenue
Contract Date
Comments
Projected Revenue
[5-yean
165,000
214,000
115,000
120,000
220.000
1,125,000
162,000
1,000,000
426,000
215,000
468,000
160,000
225,000
115,000
|5-year.
|($75M Cetling)
Apr-14 Pte-depluymenr fircarms, drivinp, and combatives training
Jan-17 Pre-deplov'o^"t fiiearms, dtiving and combatives training
Dec-16 Advanced médical training
Prb-18 Two pilot courses for agency security détails îhat deploy overseas lS520K/yr - 3 years)
May-15 Pre-deployinent firearrns, driving and combatives training
Nov-16 Pre-deployment fireaims, driving and coinbatives training
Jan-18 Firearrns and driving for those going overseas
Mdr-17 Bianket Purchase Agreement (BPA) - Customer "orders' course from pre-approved contract
Feb-18 10 Classes; July - September 2018
Mar-18
award; first classApnl 2018
Mar-18 Post-basic and annual training for agency agents
Feb-18^^fc>erforming thrcc pilot courses before awarding contract for FYi9 ($1.6M/vr - 5 years)
Mar 18||^J dnvmg / mobtlily / smper / survivsl courses
Aug-17 Pre-deployment firearrns, dnving and combatives training
Feb-16 Prime Contract delsyed 2 years due to Séquestration; lifted Feb 2018 with budget passage:
estiriiating 5 rnonths before cash flow
Sep-17 Subcontractor; Contract awardecf end of FY17; bid protests bave just becn resolved;
estimating 5 rn onths be'^oro cash flow
Sep 17 Prime: Contract awarded end of FY17; bid protests have just been resolved; estimating 6
rn onths before cash flow
4,730,000
6,570,000
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EXHIBIT G-1
Income Sources FY 2018-19, comparing projected
and actuals, prepared by William White
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îhcome Sources F Y
2018 Annual
FY 2018 2018 Current Customers (Contract Length)
Revenue
Contract Date
Purchase Orders)
2018 Projected
2018 Actual
Revenue
Revenue
.^jxo'joo
p.po_
Pre-deployment firearms, driving and
S
 214,000.00
17-Jan
comûatives traintng
^ 214,000.00 S
48,402.62
Comments
IS8Y$s,feîoJng .
SEL.' '
"
Group?)
(Purchase Orders)
Two Pilot Courses for agency security
S
 120,000.00
18 Feb
détails that deploy overseas
S
120,000 00 $
62,552.90
Pre-deployment firearms, driving and
S
 220,000,00
15-May
combatives training
5 220,000.00 S
92,954.41
(5-year • USASOC)
CONTRACTS
Pre-deployment firearms, driving and
$
 1,125,000.00
16-Nov
combatives training
$ 1,125,000.00 S 319,265.421
Firearms and driving for those going
3-year)(Not a 3-yeaf contract)
$
162,000.00
18-Jan
overseas (No firearms training)
$ 162,000.00
70000.00
Blanket Purchase Agreement (BPA) •
Customer "orders" course from pre-
.
 v' •
. •
arivieScenanQTmf^P^ai'i
" iltiS.:
42ff;O0ttOa
-year - Ft. Belvoir/lst CIG)
1,000,000.00
17-Mar
18-tv1ar
S 1,000,000.00
0.00
'SëDtémber20lS
a-cQnfcaégf
' 5&^ Agency (SustainmentTrainIng)
(3 classes in FY 18) {We are still waiting for
payment of $172,000.00 from Panthera EntLLC)
S
 160,000.00 I
18-Feb
$
 115,000.00
Aug-17
S
 4,730,000.00
^■rerentaward; First rIassAnril
S
 215,000.00
^pSgenB ■
■
■■
■
■
■
^■Performing three pilot courses
before awarding contract in FY19
(Sl.6M/yr - 5 years)
s
 150,000.00
Owing / Mobiifty / SnipëFZ^^^^
^g^tVjvai courses
Pre-deployment firearms, driving and
combatives training
S
 115,000.00
—r
0.00
s 4,730,000.00 I S 1.221,381.35
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