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Ruling gives ‘Stargate’ games back to Cheyenne Mountain receiver, but MGM pulls license

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Stargate Resistance

A Maricopa County Superior Court ruling has ended a bitter dispute over control of a Mesa video game company’s assets, effectively giving the online combat game Stargate Resistance (pictured) and the long-delayed online roleplaying game Stargate Worlds back to Cheyenne Mountain Entertainment.

But time may finally have run out for Worlds, Cheyenne Mountain’s signature project: The ruling comes as MGM Studios has apparently terminated the license it granted in 2006 for the Arizona company to produce video games based on the Stargate movies and TV shows.

Last week Judge Edward Burke approved the return of assets to Cheyenne Mountain. He also approved a new receiver for the company, which had filed for Chapter 11 bankruptcy protection, placing the restructuring in the hands of Phoenix’s MCA Financial Group, according to a court document. The substitution is part of a settlement that also approves debt payments and loans to fund continued operations.

The agreement settles a multimillion-dollar fraud complaint brought by Cheyenne Mountain investors against Dark Comet Games and Fresh Start Studios, which were formed by former employees to maintain and expand Stargate Resistance, a third-person shooter released in February. To date, it’s the only product the company has managed to release, and it was rushed to market just days before the company sought court protection from its creditors.

The complaint says Fresh Start tried to remove all of Cheyenne Mountain’s assets from its offices on Feb. 24, almost two weeks after it sought bankruptcy protection — but was prevented from doing so when the police arrived.

Gary Whiting, Cheyenne Mountain Entertainment
Gary Whiting (Photo: Jayson Peters)

According to Cheyenne Mountain chairman and CEO Gary Whiting, the company had filed for bankruptcy to prevent the fraudulent transfer of its assets to Dark Comet and Fresh Start Studios.

I met with Whiting last month at the Mesa offices where Cheyenne Mountain signed the Stargate deal with MGM. They were bare, to put it mildly, with most of the useful equipment and furniture removed. Networking cords had been cut and left to hang loose, and PC cases were empty shells that had been gutted of components such as hard drives. Whiting told me then that the license from MGM would expire this month — and Monday, between sessions of a hearing to wrap up the case, he said MGM had issued a notice of termination on Nov. 3. (That would be the same day MGM officially filed for bankruptcy in New York.)

Whiting has told me that such a termination would not affect Resistance, as that game already has launched and is under a separate license — and he told me Monday that the new receiver is trying to save the Stargate license.

“MGM has been very good to work with us,” Whiting said last month. “We missed several deadlines like that along the way. And I know they’re having their own struggles right now.”

Whiting then expressed optimism that Dark Comet would end up returning Cheyenne Mountain’s assets to him. He compared his situation in the “hostile takeover” to that of Robert Downey Jr.’s Tony Stark in the first Iron Man movie, but said the motives for it were personal and even religious.

“They took everything I owned and they took … besides my personal property they took my good name,” he said. “When I watched Iron Man, that was my life right there on the screen because of what these guys did to me.”

Whiting says that an attempt to fire him in February by Cheyenne Mountain’s then-board of directors provided cover for the takeover of assets. He was later reinstated by the court, but by then Dark Comet had possession of the games.

“All I wanted was a fair shake,” he said. “I founded this company. I’m the brains behind this company. I’m the creative guy behind this company.”

He said Stargate Resistance was being run by “promotional idiots” and that he had a plan to get the backing needed to bring Stargate Worlds to market.

Dark Comet and MGM representatives have not responded to repeated requests for comment via e-mail and phone call.

Meanwhile, a designer who worked on Stargate Worlds recently posted some images from the game to his online portfolio, in the form of collages that combine old and new screenshots with concept artwork. They don’t reveal anything unexpected, but offer just another view of what might have been.

A Maricopa County Superior Court judge has ended a dispute over control of a Mesa video game company’s assets, effectively giving the online combat game Stargate Resistance and the long-delayed online roleplaying game Stargate Worlds back to Cheyenne Mountain Entertainment.

But the ruling comes as MGM Studios has apparently terminated the license it granted in 2006 for Cheyenne Mountain to produce video games based on the Stargate movies and TV shows.

Last week Judge Edward Burke approved a new receiver for the company, which is under Chapter 11 bankruptcy protection, placing the restructuring in the hands of Phoenix’s MCA Financial Group, according to court documents. The substitution is part of a settlement that also approves debt payments and loans to fund continued operations.

The agreement settles a multimillion-dollar fraud complaint brought by investors against Dark Comet Games, which was formed in the wake of Cheyenne Mountain’s collapse by former employees to maintain and expand Stargate Resistance, a third-person shooter released in February that is the only product the company has managed to release. It’s a game that was rushed to market just days before the company sought court protection from its creditors.

The complaint says Fresh Start tried to remove all of Cheyenne Mountain’s assets from its offices on Feb. 24, almost two weeks after it sought bankruptcy protection — but was prevented from doing so by police.

According to Cheyenne Mountain founder Gary Whiting, the company filed for bankruptcy to prevent the fraudulent transfer of its assets to Dark Comet and Fresh Start Studios.

But time may be running out for Cheyenne Mountain’s signature project to ever see the light of day: Whiting told me recently that the license from MGM Studios to produce an online roleplaying game based on the Stargate feature film and TV properties would expire this month — and today, between sessions of a hearing to wrap up the case, he said MGM issued a notice of termination on Nov. 3.

This means that Stargate Worlds, a long-delayed MMORPG announced in 2006 at San Diego Comic-Con, is effectively dead.

Whiting has told me that such a termination would not affect Resistance, as it had already launched — and he told me Monday that the new receiver is trying to save the Stargate license.

Click to access m4462995.pdf

Meanwhile designer who worked on Stargate Worlds recently released some images from the game on is portfolio

http://translate.google.com/translate?js=n&prev=_t&hl=en&ie=UTF-8&layout=2&eotf=1&sl=auto&tl=en&u=http%3A%2F%2Fwww.gate-news.de%2Fstargate-worlds%2F771-sgw-neue-eindrucke-aus-dem-mmo-0101&act=url

http://translate.googleusercontent.com/translate_c?hl=en&ie=UTF-8&sl=auto&tl=en&u=http://www.gate-news.de/stargate-worlds/775-sgw-neues-von-der-gerichtsbank-0101&prev=_t&rurl=translate.google.com&twu=1&usg=ALkJrhiOml3QbjisAWkaCT3vBXwRKKux5A

Gary Whiting

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Jayson Peters

Digital, social and print media pro. Nerdvana's founder, curator and editor.

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  • Hey I noticed an error in this article. You claim Gary was the founder of CME but he is not. These 3 guys are the founders Jim Brown, Todd Ellering and Daryl Wofford.

  • Hey I noticed an error in this article. You claim Gary was the founder of CME but he is not. These 3 guys are the founders Jim Brown, Todd Ellering and Daryl Wofford.

  • If you want to do a “REAL” story about Gary Whiting and his band of thieves, contact me.. I was a former investor in CME, but unlike thousands of others, I forced Whiting to return my groups money. Then fought him in court for over a year just trying to have access to other shareholdes and employees who wanted so desperately to try and salvage their investment and the company.

    Whiting and several of his coherts have imbezzled and squandered, to the best of our last count, over $35 MILLION dollars from investors. The shame of it all, is the Stargate Worlds game was so close to completion and production. It would have been a money making venture and place of employment for all for years to come, if it were not for the likes of Gary Whitting, Fred Gagon, Tim Jenson and a tight group of accomplices.

    These are not just words of discontent, these are facts backed up by facts.. One day soon, the Arizona Corporate Commission, the Arizona AG and the SEC will catch up with Whitting, and they will hopefully put this crook where he belongs, behind bars.

    If you are REALLY interested in a story, I will be in Phoenix next week on business. I will meet with you and hand you factual information you can verify. I can provide you with hundreds of names of people who were swindled and lied to by Whitting and his crew.

    He especially preyed on the Mormon community. Supposedly a Mormon himself, albeit a practicing polygamist, he took MILLIONS from his own religious brothers. Even his family was duped. Read below just one of thousands of emails and statements I received while fighting this thief. This from a relative!!!

    I have never gotten involved with bulletin boards etc. but read with interest your comments on Mr. Whiting. I am ashamed to say that Gary Whiting is a distant relative of mine I had never met him until I was presented a real estate/loan deal over 2 years ago here in Utah involving him. Fred Gagon was also involved. A friend and I were completely de-frauded. Gary comes from good roots. I guess he fell far from the tree. He is a real scumbag. I have tried to reach him for 2 years. He knew the reason I trusted him was due to the relationship. Anyone who invested with him can say goodbye to their investment. They just as well offset their income with their loss.

    Curious, is Stargate even still in business?

    Michael J. Bodell Sr.
    President / CEO

    Bodell Construction
    586 Fine Drive | Salt Lake City, Utah | 84115
    801.261.4343 ext. 318 Tel. | 801.261.1020 Fax
    http://www.bodellconstruction.com

    By the way, Fred Gagon was, and probably still is, Whitting’s right hand guy. He held almost every investor meeting at CME and his card reads “Co-Founder” . If you were raising millions for a straight “new investment”, would you employ a person who had been permanently banned in Arizona for fraud years earlier. Also, how curious would it be if Whitting were involved in that very fraud?? Simply refer to the Maricopa County records, do a little research on Freg Gagon and a company called Para Mas, from the mid 90s.. If you need it, Ill give you the case number..

    You want the truth about this guy, “I’m your Huckleberry”, to coin a phrase from a great old movie.. But then again,like most reporters I have approached, the truth might not be something you want to share with the public..

    Respectfully,

    Robert L Guenther Sr.
    440 Avalon Lane
    Coppell, Texas 75019
    Dallas 972.471.4408 Arizona 480.629.4265
    Mobile 214.587.3977 bob@jaffapartners.com

  • If you want to do a “REAL” story about Gary Whiting and his band of thieves, contact me.. I was a former investor in CME, but unlike thousands of others, I forced Whiting to return my groups money. Then fought him in court for over a year just trying to have access to other shareholdes and employees who wanted so desperately to try and salvage their investment and the company.

    Whiting and several of his coherts have imbezzled and squandered, to the best of our last count, over $35 MILLION dollars from investors. The shame of it all, is the Stargate Worlds game was so close to completion and production. It would have been a money making venture and place of employment for all for years to come, if it were not for the likes of Gary Whitting, Fred Gagon, Tim Jenson and a tight group of accomplices.

    These are not just words of discontent, these are facts backed up by facts.. One day soon, the Arizona Corporate Commission, the Arizona AG and the SEC will catch up with Whitting, and they will hopefully put this crook where he belongs, behind bars.

    If you are REALLY interested in a story, I will be in Phoenix next week on business. I will meet with you and hand you factual information you can verify. I can provide you with hundreds of names of people who were swindled and lied to by Whitting and his crew.

    He especially preyed on the Mormon community. Supposedly a Mormon himself, albeit a practicing polygamist, he took MILLIONS from his own religious brothers. Even his family was duped. Read below just one of thousands of emails and statements I received while fighting this thief. This from a relative!!!

    I have never gotten involved with bulletin boards etc. but read with interest your comments on Mr. Whiting. I am ashamed to say that Gary Whiting is a distant relative of mine I had never met him until I was presented a real estate/loan deal over 2 years ago here in Utah involving him. Fred Gagon was also involved. A friend and I were completely de-frauded. Gary comes from good roots. I guess he fell far from the tree. He is a real scumbag. I have tried to reach him for 2 years. He knew the reason I trusted him was due to the relationship. Anyone who invested with him can say goodbye to their investment. They just as well offset their income with their loss.

    Curious, is Stargate even still in business?

    Michael J. Bodell Sr.
    President / CEO

    Bodell Construction
    586 Fine Drive | Salt Lake City, Utah | 84115
    801.261.4343 ext. 318 Tel. | 801.261.1020 Fax
    http://www.bodellconstruction.com

    By the way, Fred Gagon was, and probably still is, Whitting’s right hand guy. He held almost every investor meeting at CME and his card reads “Co-Founder” . If you were raising millions for a straight “new investment”, would you employ a person who had been permanently banned in Arizona for fraud years earlier. Also, how curious would it be if Whitting were involved in that very fraud?? Simply refer to the Maricopa County records, do a little research on Freg Gagon and a company called Para Mas, from the mid 90s.. If you need it, Ill give you the case number..

    You want the truth about this guy, “I’m your Huckleberry”, to coin a phrase from a great old movie.. But then again,like most reporters I have approached, the truth might not be something you want to share with the public..

    Respectfully,

    Robert L Guenther Sr.
    440 Avalon Lane
    Coppell, Texas 75019
    Dallas 972.471.4408 Arizona 480.629.4265
    Mobile 214.587.3977 bob@jaffapartners.com

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