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December 31, 2011 |
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| Dear Faustine customers, endorsers, and friends, | ||
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You may have heard
rumors by now that Faustine is experiencing serious difficulties. It's
true. Regretfully, I have had to close our doors and file for bankruptcy. It is
the saddest thing I have ever done in my life. I am personally and
professionally buried in debt; every financial asset and resource at my
disposal, including my retirement fund, has been exhausted to keep my
company afloat. I don't take this step lightly but it has become absolutely
necessary. With no income for months I have started working a regular 8
to 5 job again so I can provide for my families' survival. I am writing this
letter to give a candid account (to the best of my recall) of what lead to
this decision. I initially wrote this letter about 6 weeks ago, but a few
pending deals to acquire Faustine have prevented me from publishing it,
until now. During my silence, speculation regarding the status of
Faustine has fueled a lot of discussions on the guitar forums... most of it
quite negative. It's time to step in and present the
facts. |
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I have been delaying the inevitable
for months while searching for investors or a buyer for my company. Since my
partner left Faustine in February, I've been in talks with several amp
companies, guitar pedal manufacturers, music equipment distributors, private
investors, and a law firm that brokers intellectual property deals between
music equipment manufacturers. I have done everything I can think of to save
the company and finish Phantom orders, but none of these attempts has been
successful. With such a narrow profit margin, and the current economic
climate, prospective investors and buyers simply don't like the short-term
risk. They don't wish to inherit my liabilities and would prefer to see
what's left to salvage after my bankruptcy. Up until this week, I was still
talking to potential buyers and was holding out hope that I might sell the
company and meet commitments to my customers. That's always been my goal.
But with the failure of this most recent opportunity, and the very serious
personal financial crisis I find myself in, it's time to finally call it
quits. Bankruptcy is my only option. I will continue to honor warranties and repairs of
your Phantoms until I can work out a service agreement with a music
equipment dealer. |
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My
last website update explained the parts delays and how they affected the
production schedule. That's only part of the whole story. I did have a parts
shortage months ago that delayed production, but once the parts were
available again, my funds were so depleted that they had become insufficient
to continue operating my business properly. I continued taking new
orders and attempted to maintain a tight control on my cash-flow so that
production could continue while I searched for new funding to get Faustine
back on track. I was able to deliver the entire 3rd
production run and most of the 4th run this year, but I operated at a
significant loss
to do it. On several occasions over the past few months, I felt that I was going to partner with a new investor. One deal would
falter, and another would immediately present itself… and this has gone on
now for months. I couldn't make a public announcement until there was an
agreement and a plan to move forward with a buyer or investor. This process
has really been accelerating in the last several weeks. I was
confident that a public announcement would come very soon, and it would be
an introduction to Faustine's new partner or owner, with a new timeline for
production. But, it hasn't worked out that way. |
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There are already debates
about how I should have run my business differently. In hindsight, I
shouldn't have started Faustine without capital, a good business manager,
and a solid business plan. But back in 2008, I was one guy, a guitarist /
electronics geek caught up in the frenzy for my new attenuator design that everyone wanted, and I started building them on my own
in my little garage workshop with no real
plan to meet the overwhelming demand. In March 2009, I got laid-off from my
NASA job of twenty years, and I honestly thought I could make a living doing this
but I was inexperienced at running a business. It took a couple of years to
figure that out, and by the time I did… I had far too many orders,
commitments, and debts to regroup and properly start over. The only way to
salvage Faustine was to find an investor who could put up the capital to
finish the back-ordered Phantoms quickly so we could start fresh with proper
management. That was the intent when I found a new business partner in
November of 2010. We had a plan to finish the back-orders by the
second quarter of 2011 and introduce new products later in the year. We
raised the price on our Phantom Dx2, took a lot of new orders, found new
manufacturing partners, set up accounts with suppliers, and geared up for
what promised to be a very good year. When my partner left the company in
February to deal with health problems, those plans came to a halt and I was
back to operating Faustine alone with no capital. My business never
recovered. |
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Where do we go now? I am
unable to issue any more refunds for customer deposits. That is the most
gut-wrenching consequence of my business failure and the thing that
continues to weigh very heavily on my conscience and keep me up at night.
I've made many friends and have enjoyed talking with so many of my customers
who have placed their faith in me to deliver a product that will bring their
amps back to life. I was happy to take on that responsibility, knowing how
satisfied my previous customers were. There is no way I can apologize enough
for my failure to deliver your Phantom or refund your deposit. I have worked
diligently for months to find a new partner/ investor to properly fund and
manage the business and catch up on back-orders. Recently, I have been more
focused on finding a buyer so that I could refund customers and pay off
debts with the proceeds. With such a popular attenuator, great reviews,
endorsements by "big name" players, and more innovative products
on the drawing board, I never imagined that I wouldn't be successful at
finding someone to take over the company. |
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Over the last few years,
while struggling to make Faustine a success, I've had to incur a lot of
debts to continue supporting my family and my business on a limited income.
Now I am forced to file for personal bankruptcy to get relief from
those debts and Faustine has to be included in my bankruptcy as it is a sole
proprietorship and I am its sole employee. All of Faustine's creditors will
be included in that bankruptcy, including those customers who I owe money
to. I have no choice about that. There continues to be
inquiries from people who would like to license my intellectual property somehow for their own products but at this
point, it's too late to continue entertaining potential offers. As much as I
would like to, my financial difficulties and the discontent among my
creditors and Faustine customers has reached a critical mass and I have had
to go forward with the bankruptcy. |
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It's very depressing to be
vilified on the internet guitar forums. I can understand the anger and
resentment from an objective point of view... people lost money and I was
responsible for that, but it was never my intention to defraud anyone. If
that was my intent, I wouldn't have kept at it for 3 years trying so hard to
make it work... never catching up on orders, constantly enduring angry
e-mails and phone calls, putting in long hours 7 days a week, no vacations,
little leisure time to speak of, making the kind of wage I was making in the
80's or even worse... digging myself into debt. In retrospect, I should have
thrown in the towel long ago, but I had customers who encouraged me and a
product I really believed in. I faced one roadblock after another and was
determined to persevere. I desperately wanted to make this business a
success... I still do... but without capital and a good business manager, the odds were
against me from the start. I got in over my head, plain and simple. |
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I want to thank all of my customers,
endorsers, and friends in this industry who have done so much to help me
stay on my feet these past 3 years, believing in my ideas and my potential,
heartily endorsing the Phantom attenuator, and encouraging me to persevere
in the face of so many difficulties. I have valued your friendship and
you've given me a lot of treasured memories.
Thank you so much for your support. |
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