[n]both I nor Bellicose provides ‘controlled’ one underwriting criteria utilized by and of LVD’s lending companies-at all times the LVD business retained full control over the underwriting criteria used to make loans.

The newest romantic guarding and you may unobtainability out of mental possessions developed by SourcePoint, given that described of the Martorello about authored listing, is additionally totally during the odds together with assertion within his declaration you to definitely “LVD obtained and chose the important most economic worth of control of all intellectual assets set up in agreement from the SourcePoint.” That just failed to happens. To phrase it differently, Martorello misrepresented brand new related affairs.

This new Tribal Defendants and you can Martorello said one “Yellow Rock consulted having Bellicose regarding day-to-time businesses, but most of the choices was in fact either made by Reddish Rock’s professionals or explicitly delegated and supervised by the Reddish Rock’s executives.” (ECF No. 40 in the 5, payday loans Maryland Hazen Report at the ¶ 11; ECF No. 106-step 1 at the ¶ 22) The brand new record signifies that is not genuine.