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financial_review_findings [2017/01/16 04:24] – Carlos Pedrazafinancial_review_findings [2018/10/23 15:43] (current) – [Committee Setup] added tahg Carlos Pedraza
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 <wrap lo>Read Part 1: //[[financial_review_committee|What's Behind Resignation from Axanar Financial Review?]]//</wrap> <wrap lo>Read Part 1: //[[financial_review_committee|What's Behind Resignation from Axanar Financial Review?]]//</wrap>
  
-The revelation of the three members of Axanar's financial review committee — two of whom with a direct tie to producer Alec Peters — raised questions about their independence and the validity of their forthcoming report given the reasons cited by the member who [[financial_review_committee|resigned]] January 13, 2017.+Amid questions about the independence of Axanar's financial review committee following the [[financial_review_committee|resignation]] of one of its members, the review may also be fundamentally flawed by the fact the committee examined only part of Axanar's books. 
 + 
 +<wrap lo>//See also: [[bailey_committee#New Financial Reviewer's Independence]]//</wrap> 
  
 ===== 'No Shenanigans' ===== ===== 'No Shenanigans' =====
  
-Meanwhile, Peters continued to confidently predict the committee's report would prove he hadn't spent tens of thousands of donor dollars on personal expenses, including restaurants, mobile phones, gas, health insurance and travel. Those allegations by [[CBS]] and [[paramount_pictures|Paramount Pictures]] came from analysis of financial records turned over in discovery.+Meanwhile, producer [[Alec Peters]] continued to confidently predict the committee's report would prove he hadn't spent tens of thousands of donor dollars on personal expenses, including restaurants, mobile phones, gas, health insurance and travel. Those allegations by [[CBS]] and [[paramount_pictures|Paramount Pictures]] came from analysis of financial records turned over in discovery.
  
 The two studios, together the owners of the Star Trek franchise, are embroiled in a year-long [[copyright infringement]] lawsuit against Peters and his Axanar Productions. The two studios, together the owners of the Star Trek franchise, are embroiled in a year-long [[copyright infringement]] lawsuit against Peters and his Axanar Productions.
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 However, it turned out the committee's report, meant to reassure donors Axanar's money was well spent, may have been flawed from the beginning given: However, it turned out the committee's report, meant to reassure donors Axanar's money was well spent, may have been flawed from the beginning given:
   * Peters limited the scope of the financial review.   * Peters limited the scope of the financial review.
-  * Members' ties to Axanar might cause them not be perceived as independent.+  * Some members' ties to Axanar might create the perception of conflict of interest.
   * Some donors complained their money couldn't have been well spent if $1.4 million wasn't enough to produce the film they were promised.   * Some donors complained their money couldn't have been well spent if $1.4 million wasn't enough to produce the film they were promised.
  
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 </WRAP> </WRAP>
  
-Left unspoken in Peters charge was that Axanar's other financial activity — including Peters' supposed $150,000 "donation" — would remain shrouded. In practical terms, that meant the committee only ever examined the portions of Axanar's finances that Peters himself had selected:+Left unspoken in Peters' charge to reviewers was that Axanar's other financial activity — including Peters' supposed $150,000 "donation" — would remain shrouded. In practical terms, that meant the committee only ever examined the portions of Axanar's finances that Peters himself had selected:
  
 >  The donor financials are a subset of the overall financials. The overall financials represent every dollar spent on Axanar Productions, which includes the more than $150,000 I have put into this production.  Those [overall financials] are the financials that go to the CPA for taxes.  The committee reviews [only] the donor financials.(([[http://fanfilmfactor.com/2017/01/13/alec-peters-discusses-axanars-financials-and-his-review-committee-interview/|"Alec Peters Discusses Axanar's Financials and His Review Committee!"]] Fan Film Factor blog, 1/13/17.)) >  The donor financials are a subset of the overall financials. The overall financials represent every dollar spent on Axanar Productions, which includes the more than $150,000 I have put into this production.  Those [overall financials] are the financials that go to the CPA for taxes.  The committee reviews [only] the donor financials.(([[http://fanfilmfactor.com/2017/01/13/alec-peters-discusses-axanars-financials-and-his-review-committee-interview/|"Alec Peters Discusses Axanar's Financials and His Review Committee!"]] Fan Film Factor blog, 1/13/17.))
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 == Defining Independence == == Defining Independence ==
  
-While Peters himself said he defined 'independent' merely as 'not employed by Axanar Productions.'((Alec Peters comment on [[http://fanfilmfactor.com/2017/01/13/alec-peters-discusses-axanars-financials-and-his-review-committee-interview/#comment-4362|“Alec Peters Discusses Axanar’s Financials and his Review Committee! (Interview)”]], Fan Film Factor blog, 1/13/17.))+While Peters himself said he defined 'independent' merely as 'not employed by Axanar Productions,'((Alec Peters comment on [[http://fanfilmfactor.com/2017/01/13/alec-peters-discusses-axanars-financials-and-his-review-committee-interview/#comment-4362|“Alec Peters Discusses Axanar’s Financials and his Review Committee! (Interview)”]], Fan Film Factor blog, 1/13/17.)) in the corporate world, the independence of those conducting audits is defined a bit more broadly than for Axanar: "Not related in any way to the person or firm undergoing the audit."(([[http://legal-dictionary.thefreedictionary.com/Independent+Audit|The Free Dictionary]], retrieved 1/16/17.))
  
-In the corporate world, the independence of those conducting audits is defined a bit more broadly than Peters did, as "not related in any way to the person or firm undergoing the audit."(([[http://legal-dictionary.thefreedictionary.com/Independent+Audit|The Free Dictionary]], retrieved 1/16/17.))+<WRAP right round important 50%> 
 +<wrap lo><wrap em>DISCLOSURE</wrap> Rubio and **AxaMonitor**'s Carlos Pedraza collaborated for a short time on the //Star Trek New Voyages// episode, "Enemy Starfleet," shot in 2008. Rubio resigned as director of the episode; Pedraza was first assistant director.</wrap> 
 +</WRAP>
  
 In fact, in his announcement of Santiago's departure, Peters emphasized that his replacement would be "another long term Axanar team member, who has … an intimate knowledge of Axanar."(([[http://fanfilmfactor.com/2017/01/13/alec-peters-discusses-axanars-financials-and-his-review-committee-interview/|"Alec Peters Discusses Axanar's Financials and His Review Committee!"]] Fan Film Factor blog, 1/13/17.)) In fact, in his announcement of Santiago's departure, Peters emphasized that his replacement would be "another long term Axanar team member, who has … an intimate knowledge of Axanar."(([[http://fanfilmfactor.com/2017/01/13/alec-peters-discusses-axanars-financials-and-his-review-committee-interview/|"Alec Peters Discusses Axanar's Financials and His Review Committee!"]] Fan Film Factor blog, 1/13/17.))
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 >  I came to the conclusion that my participation in Axanar … albeit below the line and specific, could be viewed as a conflict of interest.  Given that this exercise was designed for the donors and to give them an honest and independent assessment of Axanar’s financial dealings, I made the judgment that my participation in the process could be viewed as biased.((Official statement by Milton Santiago provided to AxaMonitor by Axanar spokesman Mike Bawden, 1/15/17.)) >  I came to the conclusion that my participation in Axanar … albeit below the line and specific, could be viewed as a conflict of interest.  Given that this exercise was designed for the donors and to give them an honest and independent assessment of Axanar’s financial dealings, I made the judgment that my participation in the process could be viewed as biased.((Official statement by Milton Santiago provided to AxaMonitor by Axanar spokesman Mike Bawden, 1/15/17.))
 +
 +<wrap lo>Read: //[[milton statement|Milton Santiago's full statement explaining his resignation]]//</wrap>
  
 === The Right Expertise === === The Right Expertise ===
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 Having seen much of the visual effects work for //Axanar//, Yau said he remained optimistic the film would eventually be made. He praised Peters' conduct throughout. “It’s a tough situation where you try to do the best you can. I understand the predicament Alec is in,” Yau added. "They’ve done the best I’ve seen in building a community and a fanbase.” Having seen much of the visual effects work for //Axanar//, Yau said he remained optimistic the film would eventually be made. He praised Peters' conduct throughout. “It’s a tough situation where you try to do the best you can. I understand the predicament Alec is in,” Yau added. "They’ve done the best I’ve seen in building a community and a fanbase.”
- 
 ===== Disputed Report Release ===== ===== Disputed Report Release =====
  
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   * Communicated via conference calls and email in compiling the forthcoming report.   * Communicated via conference calls and email in compiling the forthcoming report.
   * Sent clarification questions by email to Peters.   * Sent clarification questions by email to Peters.
-  * Agreed to have Rubio take the lead in drafting the report.+  * Agreed to have Rubio take the lead in drafting the report. \\ 
 +{{:axamonitor-ico.gif?nolink|}}
  
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-**Keywords** {{tag>commercial defendants}}+<wrap right>**Keywords** {{tag>commercial defendants fact_check financials}}</wrap>