The America’s Cup Trust

The America’s Cup Trust

Peter Huston

The America’s Cup Trust has been established as a Charitable Trust under the laws and codes of the United States of America by JohnTommy Rosas for the purpose of protecting the America’s Cup from damage, past, present, and in the future.  The US Department of Treasury/IRS has provided documented confirmation and verification of The America’s Cup Trust.  Here is the link to the IRS documentation.  This is a global charitable trust now, by the authority of the Hague Convention on the law applicable to trusts and on their recognition.

I have been in constant contact with JohnTommy since January of this year, about why he wanted to, and then did in fact create the America’s Cup Trust, how he has been able to pull it all together, with the support of the Department of Treasury.  I am the authorized spokesman for the America’s Cup Trust and JohnTommy Rosas on this matter.

The Trust for the Americas Cup has always been there, it was just never formally recognized by the US Federal government.  The purpose of the America’s Cup Trust is to serve both the Ultimate and Specific beneficiaries.  The America’s Cup Trust will be fully transparent, within the limits of any litigation. 

Now that the fact the America’s Cup Trust has been created and formally recognized by the US Federal government is public knowledge, two things are going to instantly happen:

  1. There will be those who will say Larry Ellison put JohnTommy Rosas up to this.  That will be a false allegation.

    To be crystal clear about my links within BMW Oracle Racing, Tom Ehman, the Head of External Affairs for BMW Oracle Racing, is a very close friend of mine.  Our friendship goes back more than 20 years.  But some will of course try to create a conspiracy theory out of the friendship between Tom and me.  Good luck with that.

  2. Some people will assume the America’s Cup Trust is being set up to somehow hurt New York Yacht Club.  Again, nothing could be further from the truth.

 A third possibility is that when, if as rumored, GGYC files their suit against SNG for breach of fiduciary duty, SNG will immediately respond with all sorts of allegations against all the former Trustees, starting with NYYC, likely saying  the Deed of Gift is defective.

A natural question here is this:  who is JohnTommy Rosas?  JohnTommy is a Native American who has strong personal beliefs grounded in the ancient traditions of honor and integrity.   JohnTommy is also a sailor; he has more than 50,000 miles of ocean sailing under his sea boots.  He is also a USCG Certified Builder of Inspected and Documented Vessels.  He is also a USCG Merchant Mariner documented on all levels.  JohnTommy is also a Tribal litigator, for the Tongva Ancestral Territorial Tribal Nation, based in southern California.  In that capacity, JohnTommy has had substantial success in defending tribal rights.  

The next question will be:  Why does JohnTommy Rosas care about the America’s Cup?  As a life long sailor, and someone who watched the America’s Cup with a passionate interest, he was disgusted with the actions of Erne$to Bertarelli, and believes there are legal options to prevent the abuse of more than 150 years of traditions that others are not examining.

What does JohnTommy Rosas hope to accomplish through the establishment of the America’s Cup Trust?  For starters, specifically, a removal of SNG as the Trustee, and the establishment of a competitive format that will return the America’s Cup to be the great sporting event it was once was.  Looking into the future, the goal is to refine the Deed of Gift to prevent damage to the Cup, and all the beneficiaries, while concurrently establishing an entity that will provide oversight of future Defender’s and the competitive terms of each ensuing defense.

How did I get connected to JohnTommy Rosas?  I filed a formal complaint with the New York Attorney General’s Charities Bureau on December 26, 2008 over the way SNG was conducting the affairs of the America’s Cup.  A few weeks later, a poster in the Sailing Anarchy America’s Cup forum with the screen name “Mahguah Scalps Pilgrims” showed up.  I read what Mahguah was posting, and considered it a bit, then started the Mahguah’s Manifesto thread.

In the few days after that thread started, Mahguah and I began to use the SA private message service to exchange thoughts.  I then told him to set up a more robust email account using his screen name, so that I could send him my complaint to the NY AG.  After reading it, Mahguah said “you trust me, why?”  I told him that one of only three things could be happening:  he was a plant by Erne$to, in which case I didn’t care if they saw my complaint, because Erne$to would see it eventually, or 2, that he was a plant by Ehman, which if that was true would provide a good laugh in the future, or 3, that he was the real deal. 

Eventually, he revealed his true identity to me, and from there we exchanged emails too numerous to count, and talked on the phone for countless hours.  In August we met for lunch.  For anyone who hasn’t yet figured it out, JohnTommyRosas is Mahguah.

JohnTommy has begun the process of seeking support for his action by contacting what he refers to as “AC Elders”.  If you understand anything about Native American culture, you will know that “elders” is a term of respect, and that seeking the advice of elders is a wise course of action.

Everyone who is either an Ultimate or Specific beneficiary to the America’s Cup Trust – yacht clubs, yacht designer, builders, sailmakers, all other suppliers, and of course sailors, support teams, the media, race officials, and the sport generally can and should register their interest with the America’s Cup Trust.

If you believe in fair play, sportsmanship and want to see an end to the abuse of the sport caused by the actions of SNG, anyone who wishes to help the America’s Cup Trust achieve its goals may contact [email protected]

This is just the first of many articles that will appear about the America’s Cup Trust.  Mindful that there will be a lot of disbelief at what JohnTommy Rosas has done, we bear in mind these words from Larry Ellison – “When you innovate, you’ve got to be prepared for everyone telling you you’re nuts.”

So, is JohnTommy Rosas nuts or innovative and right?  Will his actions help return the America’s Cup to its former stature as one of the world’s premiere sporting events?  Comments?

Press information is available through [email protected].