Directory:BioPerformance:July 7 Message about New Attorneys

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On July 7, 2006, the following message was sent to There was an error working with the wiki: Code[1] distributors from the BioPerformance executive leadership. Lowell Mims, the multi-level fuel additive company president, had promised on May 19 that "Each day we will post this report of our progress in Texas." Yet this is the first message received from the company since May 26, 2006, several days prior to the May 30 hearing in Texas. This statement was published on the company's home page.

Some BP distributors had quit their regular jobs to work BioPerformance full time prior to the company's being temporarily shut down by the Texas Attorney General's office. Many dealers have switched to related fuel-enhancement multi-level companies.

A court date is set for Sept. 18, 2006.


From: BioPerformance, Inc.

Sent: Friday, July 07, 2006 9:52 PM

Subject: BioPerformance Email Message

On May 30, 2006, the 73rd Judicial District Court of Bexar County, Texas, issued a Temporary Injunction against BioPerformance, Inc. Although the ruling is disappointing to us, make no mistake about it, the case is not over. Lowell Mims and Gus Romero made a decision to change law firms and through much research and due diligence, they have retained attorneys who are experienced in cases like this. Mr. Joe Chumlea and Mr. David Bragg are the lead attorneys who now represent BioPerformance, Inc, Lowell Mims and Gus Romero. With offices in Dallas and Austin you will see from their biographical information below that they are the best team for this case. We are honored... we are blessed... and we are thankful to have them representing us.

Due to the Attorney General's action freezing all of the assets of BioPerformance, Inc., Lowell Mims and Gus Romero on May 17, 2006, we are not able to ship any product or pay any commission checks. We understand that many commission checks bounced because of the accounts being frozen. The injunction will not allow any frozen funds to cover any commission checks that bounced. We also know and would like to report that no check ever bounced in the history of BioPerformance until the assets were frozen.

There are tons of product sitting in the fulfillment center ready to be shipped, but cannot be shipped because all assets are frozen. We also understand that the manufacturer in Mexico now has 100 - 200 tons of available product, but obviously this cannot be sent until it is paid for.

You can rest assured that we are making a significant investment in preparation for the trial and in the defense of our product and company. We are wholeheartedly committed for the long term.

To those of you who have stood with us and stand with us still, we thank you and are forever grateful. We appreciate you more than you will ever know. No matter what you must do to financially support your family during this interim time, we are all part of the BioPerformance family and look forward with great anticipation to working together again! The sole reason for our success is because of the results people were getting with our product. It is evident that people not only need our product, but they want it... and they want it now.

We will have additional information to share with you in the future. Thank you for your commitment, prayers, and support.

Dallas Attorney Joe Chumlea (Bragg Chumlea McQuality) formerly served as head of the Dallas Regional Office of the Texas Attorney General's Consumer-Protection Division. He has 29 years of active trial and appellate experience, including the past 25 in private practice, representing not only consumers, but also businesses. Mr. Chumlea served as Chairman of the Consumer Law Section of the State Bar of Texas and has authored numerous continuing-legal-education articles and has been a frequent speaker at Texas Sate Bar and other legal seminars.

David F. Bragg - For eight years, Mr. Bragg served as an Assistant Attorney General of Texas and then Chief of the Attorney General's Consumer Protection and Antitrust Division. Mr. Bragg was a co-author of Texas Consumer Litigation (1st and 2nd Editions). In addition to authoring numerous articles on various legal subjects and three State Bar video tapes on trial practice, Mr. Bragg has served as Chairman of the State Bar's Consumer Law Section and is a former President of Texas Consumer Association. He also authored the Texas DPTA Forms and Practice Guide book.

: Reviews-- "Texas DTPA (Deceptive Trade Practice Act) Forms and Practice Guide is one of the best forms books I've ever seen. Bragg and Curry is the Bible of DTPA." ---C. Blackman, III, Dallas, TX

: In 1991, Mr. Bragg was appointed by Governor Ann Richards to be her "Citizen Trustee" on nursing homes and authored a report entitled, Make Texas A Good Place to Grow Old.

: Mr. Bragg frequently serves as a faculty member of the State Bar of Texas and University of Texas Continuing Legal Education programs and lectures throughout the State on subjects related to trial strategy, nursing home abuse and neglect and deceptive trade practices litigation. Mr. Bragg has been in private practice since 1981 and is a member of the firm of Bragg, Chumlea, McQuality & Smithers, with offices in Austin and Dallas.