In Episode 4, “The Trick, Part 1”, I drew attention to the many shortcomings of Hans. The lawyer representing Hans does not agree with me. I’d like to take a look at why this is the case.

The lawyer says that his client is angry because Luna Vermeulen did not choose to consult him as a colleague and instead sidelined Hans. That is correct. Luna Vermeulen found so many instances of mismanagement that a further investigation was necessary. As the owner of a company, of course you send an employee like that home—with pay. That Hans considers that unconstructive treatment on the part of Boer Beheer and a hostile takeover is his problem. That he thought he could take his company car and mobile phone with him is not according to agreements. If you don’t work for Boer, you don’t have a right to these extras. The car was returned on 26 August, only after the shareholders, Luna Vermeulen and Hans, signed a Settlement Agreement on 20 August. 

No information

Hans is worried about the future of the partnerships. He has looked in vain for current financial information and thinks customers need to be better informed. These are strange things to say. As hands-off manager, he has direct access to both administrative records and customers. And Hans says he’s concerned about the “future”, which he is undermining through his reckless policies. Getting SWB to deliver olive trees to his new house and taking out an unsecured loan are strange things to do for someone who is “worried about the future of the company”. 

Gossip as evidence

Hans’ lawyer accuses Boer Beheer of a ‘reckless takeover’ and ‘backlogged billing’. This makes no sense. There was no ‘takeover’, only the shareholders coming to an agreement on 20 August. And is it ‘reckless’ to keep a nearly 100-year-old shipyard in business? The words ‘backlogged billing’ are also strange. How can there be ‘backlogged billing’ if Hans had been managing SWB Shipyard and SWB Shipping with a hands-off agreement until 1 January 2021? 

Management of the partnerships was assumed by the independent director appointed by the Netherlands Enterprise Court in mid-March 2021. 

Hans’ lawyer also makes reference to the lawsuit of Nabod against Luna Vermeulen. He sees it as proof of frustrating recovery and ‘fraudulent conduct’. ‘Frustrating recovery’ is a great expression that has no meaning at all, and ‘fraudulent conduct’ means ‘when a debtor knows that bankruptcy can no longer be prevented and all creditors will have to be treated equally’. This accusation also makes no sense at all. 

The lawyer complains about Luna Vermeulen’s ‘refusal’ as the executrix of the will to draw up an inventory of the estate of Leo Boer. This includes Boer Beheer and its subsidiary partnerships, SWB Shipyard, SWB Shipping, and Vastgoed (Properties).

It’s wasn’t a refusal—it was not in her power to do so. 

Hans’ lawyer glosses over the fact that Hans took the files for SWB Shipyard and SWB Shipping home, which made it impossible for Luna Vermeulen to come up with a proper inventory. There are many other reasons that play a role, including the many threats of Nabod. He was taken to court and sentenced for this, but didn’t stop. Then there are the twin factors that Nabod a) wants his inheritance to be based on the assessed value of Leo Boer’s property on the day of his death, or b) wants to cash in on the entire estate, or whatever is left of it, after Luna Vermeulen’s death. Nabod wants to have his cake and eat it too. He wants an inheritance, and if that’s smaller than the eventual estate, he wants that instead. And that’s not possible. And that’s what the lawyers of both parties are fighting about. 

I will write another exciting episode about all that, but here’s the short version: I think Hans’ lawyer only has a rough idea of what the issue is about.

And naturally, there follows the underhanded gossip picked up from Nabod. Here are some examples: 

– Vermeulen is wrongfully removing assets from the partnerships due to mismanagement;

– Vermeulen is siphoning off money to companies and bank accounts in South Africa; 

– Vermeulen is siphoning off real estate;

– Nabod is afraid that goods and/or money are being embezzled. Despite the fact that the claim is not yet due and payable, but will be due and payable soon, Nabod has an interest in taking interim measures – especially since Nabod is afraid Luna Vermeulen will flee to South Africa;

– Vermeulen says that Boer Beheer, the companies SWB Shipyard and SWB Shipping and Vastgoed, have a limited financial capacity. This seems strange to Nabod because according to him, Leo Boer has tens of millions of euros. Vermeulen is obviously minimalising, on paper, the capital in Boer Beheer companies.

– Boer Beheer uses information for personal interests to paint a negative picture of Hans. Hans is constantly being brought into discredit with inaccuracies in order to clear him from the field at the lowest possible value for his shares. 

– A smear campaign is attributed to Boer Beheer: neglecting maintenance, conning customers, dumping parts, and thwarting the record-keeping; 

– Further reference is made to hollowing out the companies and running them into the ground; 

– Vermeulen put the proof of ownership of the boat Barracuda in her own name. 

What a sad situation. What nonsense. Of course there are many exciting episodes to come, but let me just make these final observations:

– Hollowing out the companies, running them into the ground. Someone parked his car in front of one of Luna Vermeulen’s companies in South Africa and sat and watched who walked in and out for thirty minutes. This was to prove that Vermeulen was running ‘fake’ companies and that therefore, obviously, the SWB partnerships were being hollowed out or run into the ground. 

– The proof of ownership of the Barracuda. This was Leo Boer’s motorboat, with which Luna Vermeulen and Leo Boer made so many trips in the last 10 years before he died. The boat was owned by Leo Boer and, after his death, became the property of Luna Vermeulen. Cappiche?!

The way I see it, the situation in this shameful chess game is that certain people wanted SWB Shipyard to go bankrupt and keep SWB Shipping afloat. Why? SWB Shipping is the owner of push barges that can be sold to Hans’ friends who are willing to give him space to ship his own cargoes.