A-SASHI - Key Persons
In March 2013, Aldo D'Agostino arranged for DHL Miami to commence bulk-shipping A-Sashi products from the A-Sashi co-manufacturer Arnet in Florida USA to a fulfilment facility in Melbourne Australia. Mr D'Agostino also provided Nestlé, former General Manager of PowerBar + Musashi, Owen Nelson, with information about the A-Sashi supplier Arnet together with shipping details.
In early 2015, DHL became aware Mr D'Agostino was named in Court documents for misconduct and after 10 years with DHL he was dismissed from the company.
In July 2015, Mr D'Agostino became employed at BagTrans as an Account Manager but was dismissed a year later in July 2016. He went onto work at Toll Group but in early 2021 was again dismissed.
Annabelle Bennett returned to 5 Wentworth Chambers 5 Wentworth as senior counsel in a job swap with 5 Wentworth colleague Stephen Burley. And under the Judges' Pension Scheme, Australian taxpayers now pay Bennett $20,000 each month for life.
Banki Haddock Fiora is no longer listed as the legal representatives for Nestlé trademarks at IP Australia after 15+ years of representation.
Job Titles:
- CHIEF JUSTICE KIEFEL
- REGISTRAR at the HIGH COURT of AUSTRALIA
On 14 January 2015 Christian went to the Melbourne Registry for the High Court of Australia at 3.55pm to lodge a document but was told by Christopher Weymouth the Registry was closed and to return the next day. Sixteen minutes later at 4.11pm Weymouth sent an email to Sydney Registry staff members Lynne Donohoe and Rosemary Musolino that was mistakenly addressed to Christian.
Job Titles:
- PRESIDENT & CEO at POST HOLDING's SPINOFF BELLRING BRANDS
Darcy Horn Davenport has served at Post's Active Nutrition business since 2009 and conspired with Nestlé in 2013 to cause Arnet to cut supply of goods to A-Sashi by offering Arnet a supply agreement that now forms part of the Post third party facilities co-manufacturing supply model.
In 2019 Davenport was appointed President and CEO of Post's spinoff of the Active Nutrition business into the BellRing Brands IPO taking in Post's brands Premier Protein, Dymatize and PowerBar.
Davenport has seen BellRing Brands consistently underperform since the 2019 IPO and 2-years on at 1 December 2021 BellRing Brands stock is still valued at the 1 December 2019 price of $21 per share. Davenport is party to Post violations of federal antitrust laws and the fraudulent concealment of antitrust violations from SEC filings initiated by Post's President & CEO Robert Vitale.
After 18 years with KWM Dr Cusick was dismissed from the firm and has remained unemployed as a lawyer since June 2018.
Job Titles:
- FOUNDER of a - SASHI VITAMINS
In January 2013, James Christian (Christian) launched A-Sashi Vitamins (A-Sashi) in the USA as an online business selling a range of A-Sashi branded products. Christian searched globally for a contract manufacturer with capabilities suitable for making a range of specific purpose vitamins & nutritional supplements before providing specifications for the A-Sashi range to Arnet Pharmaceutical (Arnet), a manufacturer with 40+ years of experience and state of the art facility located in Florida USA.
Christian pre-paid Arnet for stock to be produced and delivered to a Shipwire fulfilment facility located in Philadelphia where individual customer orders were packed & shipped. A-Sashi was launched in the USA with advertising via Google Adwords, Facebook, Celiac.com, CBSSports.com, MindBodyGreen.com, San Francisco Weekly, Phillie Weekly, New York Village Voice, Los Angeles Weekly and the Chicago Reader.
Job Titles:
- PRESIDENT at ARNET PHARMACEUTICAL
On 13 November 2013, 1-year after Arnet commenced contract manufacturing A-Sashi products, Arnet President Jose Tabacinic cut supply to A-Sashi by refusing to accept an order with US$ 220,000 pre-payment. Christian emailed Tabacinic requesting clarification on the matter, with a reply email from Tabacinic stating:
Job Titles:
- JUDGE
- JUDGE at the FEDERAL CIRCUIT COURT of AUSTRALIA
Manousaridis J, docket Judge of the FCC proceedings, was a former solicitor at Nestlé lawyers King & Wood Mallesons and a former partner at Post's lawyers Baker McKenzie who were acting for Post in its acquisition of PowerBar + Musashi from Nestlé, with the case being the first trademark matter ever heard by Manousaridis J.
The stock and asset purchase agreement may be terminated by mutual consent of the parties and under certain other circumstances, including if the closing of the acquisition has not occurred prior to 3 November 2014.
Job Titles:
- JUDGE MANOUSARIDIS
- PARTNER at BANKI HADDOCK FIORA
- Partner at BHF
On 16 December 2014, lawyer Julie Robb a partner at BHF, acting for Nestlé & Post, sent a settlement offer to Christian that was ignored (click to view the settlement offer).
Job Titles:
- JUDGE at the FEDERAL COURT of AUSTRALIA
In a hearing while trying to cover up issues Christian raised about Yates J fixing a 42-day stoppage to facilitate a Nestlé and Post criminal conspiracy, Yates J nervously lied about co-authoring a book with Nestlé IP lawyers BHF partner Kate Haddock, with Yates J and Christian statements from the hearing transcript as follows:
Job Titles:
- JUDGE at the FEDERAL COURT of AUSTRALIA
- SWAPPED JOBS WITH FORMER JUDGE ANNABELLE BENNETT in MAY 2016
Justice Stephen Burley (Burley J) prior to his appointment to the Federal Court practiced at 5 Wentworth and appeared for Nestlé and Post in the FCC proceedings and Federal Court proceedings, with Annabelle Bennett hearing matters in the Federal Court proceedings.
Burley J practiced at 5 Wentworth from 1993-2016 alongside David Bennett, former Solicitor-General for the Commonwealth of Australia and husband of Annabelle Bennett, and also with mentor Annabelle Bennett at 5 Wentworth from 1993 until the appointment of Annabelle Bennett to the position of a Judge of the Federal Court of Australia in 2003.
Annabelle Bennett returned to 5 Wentworth in 2016 with 5 Wentworth collegiality positioning Burley J to perform a complete job swap after conspiring with Annabelle Bennett to arrange fixed outcomes in the Federal Court proceedings for Nestlé and Post.
In the Federal Court proceedings on 18 November 2015 Justice Steven Rares (Rares J) heard an interlocutory application filed by Christian to stay two orders made by the Full Court on 4 November 2015.
Job Titles:
- CHIEF
- CHIEF JUSTICE KIEFEL
Job Titles:
- PARTNER at KING & WOOD MALLESONS
Job Titles:
- PARTNER at BANKI HADDOCK FIORA
- Partner at BHF
In a July 2014 Court hearing Ms Shearer lied under cross-examination when questioned about events, in stating, "he was meant to call me back." After the Court hearing Ms Shearer went on extended leave from BHF for unknown reasons.
Job Titles:
- LAWYER at BANKI HADDOCK FIORA
Ms Olsen was asked under cross-examination by Christian if she was taking instructions from KWM lawyer Michael Barker. In response Ms Olsen lied by denying ever having communication with KWM or Mr Barker in relation to A-Sashi.
Michael Barker, former Managing Partner Mergers & Acquisitions at KWM, led the KWM team acting for Nestlé in the sale of PowerBar + Musashi to Post Holdings. The Barker led team caused a 1 year delay to the sale through failed attempts to cover up Post Holdings' violations of U.S. antitrust laws associated with the sale. Nestlé M&A business has since been managed by law firm Mayer Brown.
Mr Barker also instructed IP lawyers Banki Haddock Fiora acting for Nestlé & Post Holdings during litigation against Christian and now BHF are no longer listed as the legal representatives for Nestlé trademarks at IP Australia after 15+ years of representation.
In February 2018, after 3 years as Managing Partner M&A at KWM, Michael Barker was demoted to Partner M&A and in June 2018 after 12 years at KWM he was dismissed from the firm (click to view Michael Barker 2018 LinkedIn profile pdf).
Today Mr Barker remains unemployed as an M&A lawyer and in July 2021 Mr Barker launched his new business venture named Flying Change Services, stating on his current LinkedIn profile:
In 2013, Owen Nelson provided information to Post Holdings about A-Sashi and the A-Sashi co-manufacturer Arnet located in Florida USA. Post Holdings engaged Arnet in a lucrative new business contract and enticed Arnet to cut future supply of products to A-Sashi. At the same time and for a collateral purpose Nestlé Head IP Adviser Oceania, Donna Bessell, instructed Nestlé IP lawyers Banki Haddock Fiora (BHF) to commence legal proceedings against A-Sashi in Australia.
When Mr Nelson was later named in Court documents, together with Post Holdings and Arnet for conspiring to cut supply of goods to A-Sashi, lawyers Baker McKenzie acting for Post Holdings in its acquisition of the PowerBar + Musashi brands (PowerBar + Musashi) from Nestlé, instructed Melbourne barrister Graeme J McEwan to provide opinion as to whether evidence would expose Mr Nelson and Ms Bessell's misconduct.
Patrick Flynn, counsel in the proceeding for Nestlé and Post Holdings, quickly intervened to remind Ms Olsen that she was under oath and needed to disclose that she had communicated with KWM lawyer Mr Barker the evening before the hearing.
On 25 September 2014, 9-months after Court proceedings commenced, Peter Banki telephoned Christian and started the call with, "I'm Peter Banki James, that's B,A,N,K,I." Mr Banki went onto say he was currently speaking with his clients about giving Christian some financial compensation to end the trademark dispute and Christian would need to consent to orders BHF were seeking at a hearing the next day.
Pilar Vargas after 12 years with Arnet was dismissed to fraudulently conceal violations of U.S. antitrust laws.
Job Titles:
- PRESIDENT & CEO at POST HOLDINGS
Mr D'Almeida completed the Vitaco IPO on the ASX on 11 September 2015 in breach of the Corporations Act 2001 for non-disclosure of the Court proceedings in the prospectus.