State has no records of Berg's firm

[Barrett808]

State has no records of Berg's firm
R. JONATHAN TULEYA , Staff Writer 05/14/2004

Prometheus Methods Tower Services Inc., the business that cost Nick Berg his life in Iraq, has no records with the Pennsylvania Department of State.

The company that specialized in building communications towers never registered with the Pennsylvania Corporation Bureau, said Brian McDonald, spokesman for the state department.

McDonald conducted a search of the bureau’s online list of registered businesses, but found no matches.

The same search done by a Daily Local News reporter produced the same results -- several businesses contained the word "Prometheus" in their names. Only one is located in West Chester, and it is not related to Berg’s business.

Companies are not legally required to register with the state, but McDonald explained it is usually the first step an owner takes.

"You’d be very foolish not to register your business with the department," he said. "It is nearly impossible to exist without doing it."

(more)

http://www.dailylocal.com/site/news.cfm?newsid=11650247&BRD=1671&PAG=461&dept_id=17782&rfi=6

[w13rd0]

1. He was 26 and a tech...

...when I was a 26 yr old tech, I did some under the table security...<stop>

Ok, anyway, it's not all that uncommon. Although it's just one more question mark on this "mystery".

[DUreader]

3. A CIA Front Co. Would Have The Paper Work In Order, I would think

but I sure don't know

[DoYouEverWonder]

7. You don't get to climb radio towers

without credentials?

[w13rd0]

33. I don't even want to say what I've been permitted to do...

...without credentials.

[NashVegas]

44. Yes, You Do

Anyone the tower owner feels like sending up, goes up.

[htuttle]

2. I guess it couldn't have been 'Prometheus Methods Tower Services Inc'

Meaning the 'Inc' (incorporated) part.

In fact, even if somebody runs a unincorporated 'D/B/A' business, it's stupid not to register the NAME of the business to prevent others from using it. It typically only takes a few minutes and less than $50 to do so.

How did he cash checks made out to 'Prometheus Methods Tower Services Inc'?

[NNN0LHI]

5. It was a front I think maybe? n/t

[Carni]

12. How the hell would he even open an account?

I have a business checking account and since 911 they have gotten pretty strict about proof of ownership etc

[PaDUer]

45. Check out the first name of the business..

Prometheus= Pro me the us

Wonder what the significance is, if anything??

-edit-
This probably has nothing to do w/ this, but, I did a search on the first word, prometheus, to see what it means, etc..This is what I found on other sites, other companies-
http://www.prometheusradio.org/
About Prometheus
The Prometheus Radio Project draws its name from the mythological Greek character who stole fire from the gods in order to share it with humans. We are a not-for-profit association dedicated to the democratization of the airwaves through the proliferation of non-commercial, community based, micropower radio stations. It is our belief that access to communications for all citizens is at the heart of a democratic society.
then-
http://www.prometheusradio.org/lowdown.shtml
Prometheus Background

Google search results, lot of interesting things--
http://www.google.com/search?hl=en&ie=UTF-8&q=prometheus&btnG=Google+Search

[Pastiche423]

4. Wouldn't there have to be tax filings?

At least employee payroll taxes?

[Carni]

14. If he didn't have employees

There wouldn't necessarily be 941 taxes--and he may have been paying self employment taxes on himself at the year's end.

[suegeo]

36. I thought his Dad worked for him.

The stories start to blur after a while, but I thought I read that his dad worked for him, on and off.

[progressivebydesign]

37. Ya, his Dad signed the ANSWER petition and listed it as his biz.

I don't understand that, he listed it as if he owned it or worked there. Actually, you usually only register your biz in the State for tax reasons, or it's a must if you are incorporated to register. Lots and lots of people work without registering for a tax number statewide..

[ender]

6. lol - wonder if this guy was a "company" asset.

curiouser and curiouser...

this here rabbit hole... wonder how deep it goes...

[lazarus]

8. no phone number, either

This is bizarre.

[DoYouEverWonder]

9. One possibility

is that he was incorporated under something else, for example, his own name, say Nick Berg Inc, DBA: Prometheus Methods Tower Services Inc. or something along those lines. People do this sort of thing all the time.

If that is the case, you won't be able to find anything under the name Prometheus. You would need to get his income tax returns to figure out how he had set himself up.

[htuttle]

11. Even with a D/B/A, you'd better register the name with the state

If you don't, others can register and use the name themselves (and prevent you from using it!) and it's very difficult to cash checks made out to it.

In fact, without registering a business name, there's really no point in using a business name.

When I used a D/B/A name years ago, I registered it, and when I searched for it first at the State office, all the other D/B/A's with a similar name came up.

There's a big difference between simply registering the business name and actually incorporating the business.

[Kellanved]

10. AFAIK it is (was) a one-man-company

Berg's to be exact.

[lostnfound]

13. "My son was not over there to make money"

This morning on DemocracyNow they reported that his company sets up pirate radio sations. I don't know if they based that report on speculation (based on the name 'Prometheus' and the grassroots movement) or if they had some facts, but Mr. Berg's comment "My son was not over there to make money," sure fits in with the idea that Nick Berg might in fact have been trying to set up pirate radio...?

[hunter]

29. This is very important if true...

How exactly do you set up a radio station in Iraq these days? Who do you have to get permits from, and what happens to you if you don't?

[lostnfound]

31. Link for Prometheus radio project (NOT Nick Berg's company)

Just posting this for those who might not know about the low-power FM movement. I think they used to skirt the law to set up pirate radio, but now I think they try to work within the regs.

http://www.prometheusradio.org/

[TeeYiYi]

35. Setting up 'pirate radio' in a war zone . . .

. . . would raise red flags all over the place. Regardless of who he was working with, he would have appeared to be a spy to the other team. Not a good situation no matter how you look at it.

TYY

[w13rd0]

34. 26, tech, activist parents...

...pro-democracy and free communications globally, wasn't enlisted, no registration. Yes, sounds kinda like me in the early 90s, and if he was setting up "pirate radio" or under the table communications, that just adds more murkiness to this mystery...

[T Bone]

15. Prometheus in mythology

Prometheus

From Wikipedia, the free encyclopedia. http://en.wikipedia.org/wiki/Prometheus

In Greek mythology, Prometheus, or Prometheas ("forethought") is the Titan who stole fire from the gods and brought it to mortals for their use. He further irritated Zeus by offering the gods in settlement burnt sacrifice of the less appetizing portions of the sacrificial animals. As punishment, he was chained to a rock in the Caucasus where a vulture or an eagle named Ethon would eat out his liver; it would grow back each day and the vulture would eat it again. Eventually he was freed by Heracles and returned to Olympus.

As the introducer of fire and inventor of sacrifice he is seen as the patron of human civilization. Uncertain sources claim he was worshipped in ancient Rome.

...The chaining of Prometheus to the rock was by some ancient writers compared to a crucifixion. ...


http://en.wikipedia.org/wiki/Prometheus

[maddezmom]

32. interesting link...eerie, but interesting n/t

[NNN0LHI]

16. Don't you need a tax number to run a business?

Is there a place to look this info up on the net?

Don

[Justice]

17. I posted this Info The Other Night

I looked at the PA SOS website where corporate names are listed (also checked Delaware SOS). The company was NOT incorporated.

Lots of people mistakenly use Inc. after a name when it is not a corporation. Technically, legally, you can only use the Inc. when there is an incorporation (or LLC when it is a limited liability company or LP for a limited partnership).

It is very possible that Nick Berg used Inc. when in fact it was really a sole proprietorship. Only his tax records would tell you for sure.

I did find a association web site that referred to his business and used the name but without the Inc.

Here is what doesn't add up (from a legal standpoint).

This is a family that sought legal advice pretty pronto when they heard Nick was detained by the government (US/Iraqi whatever). The fact they did this so quickly tells me they have access to a lawyer pretty readily, or friends with access.

I can't see how Nick could work for big companies (who own the towers) in this country and elsewhere without insurance - never mind a corporate entity (by insurance I mean workers comp for him as an independent contractor and liability insurance if he screws up). I would think if he had insurance, someone woudl have said - set up an entity to shield yourself from personal liability.

I don't know whether you would have to be licensed to do the sort of work he did. I'll say this - I am much more uncomfortable about the quality of radio towers if companies are having repairs and inspections done by very nice but very green young men.

Edited to include NOT

[Jacobin]

47. Maybe he's incorporated in Delaware?

That's common.

[Eloriel]

18. This is the first time I've seen it referred to as incorporated

And I am frankly do not necessarily believe that it was. IF it was, it would have been registered with the state (unless they lost the records). That's how you get incorporated -- file your legal papers with the state in which you're incorporating.

There are probably millions of "small businesses" all over the country which are NOT corporations. Typically they're Sole Proprietorships, and sometimes Partnerships. While I'm not familiar with the laws in PA, it seems unlikely to me that they have a requirement that non-incorporated businesses have to register.

I've also seen ill-informed people whose "small businesses" aren't legally incorporated use "Inc." in their business name. that's a no-no, as a rule.

What bothers me about this article is that there's no documentation or support for the notion that the Bergs used "Inc." in any of their materials (business cards, flyers, whatever). I tend to think the "reporter" doesn't quite understand about small business Sole Proprietorships.

[Justice]

19. Freeper Site Refers to It as a Inc.

That post that everyone refers to as naming Michael Berg says

Prometheus Methods Tower Services Inc.,

I confirmed this by googling the name.

www.freerepublic.com/focus/f-news/1092851/posts

I am sure that is why everyone assumed it was an Inc.

[LibertyLover]

20. Berg Company

The company might be incorporated in another state. Delaware is very popular for incorporations because of its laws. You do not have to be incorporated in the state you are doing business in to be incorporated. I used to be a corporate legal assistant in New York and incorporated any number of companies based in NYC in Delaware. Pennsylvania may or may not require that an out-of-state company file with them in order to do business.

[Justice]

22. I Checked Delaware The Other Night; Nothing

Also, every state requires you to qualify to do business in PA as a foreign corporation (foreign meaning incorporated in another state) if you have sufficient contacts/nexus with the state.

Now, given Berg's business, he probably spent very little time in PA actually doing his work - but if his address was there, his headquarters etc - he would most probably have been required to qualify in PA. (Its all about collecting state tax).

It is possible that the company was incorporated elsewhere (not PA, not DE) but why? Berg would have had to keep up the paperwork/pay registration fees in two states - the home state of incorporation and PA - why do that for such a free spirit? I know lots of companies that avoid that like the plague.

Also, since he didn't qualify in PA, I doubt he incorporated elsewhere - but maybe. Was he in OK long enough to do that? You know, he is always described as very smart - seems too smart to have done this so poorly.

[markses]

24. As somebody who has done far too much incorporating and qualifying

Through such services as the Corporation Trust Corporation, I can readily attest to everything Justice says on this thread. My first thought was also that it would be incorporated in the state of Delaware, but - as Justice say - the entity would still have to qualify to do business in Pennsylvania as a foreign corporation.

I also suspect that the Prometheus was a sole proprietorship, but it does raise the questions about 1) the legal use of "Inc." (especially if his family was moderately savvy about law, which they seem to be) and 2) actual hire on tower jobs (insurance issues).

That said, Berg did seem to be a professional in his field, if we take as a professional somebody who has 1) an esoteric knowledge base (i.e., a layperson couldn't be expected to do what he did without significant training) and 2) a place within a community of experts (professional organizations; Berg speaks in his email of presenting on the state of communication towers in Iraq for the Society of Broadcast Engineers and the Pennsylvania Association of Broadcasters).

[Justice]

21. This Was the Only Reference I Saw To Berg's Company

I found this the night the video came out.


http://www.tower-pro.net/member_links/members_without.htm

Association web-site page indicating different companies that do tower work - lists Promethus Methods (no Tower Services, no Inc.) and says Nick Berg liked Broadcast work, overseas work and his company did not have a website.

[Tinoire]

23. Here's another ref - a job he did in Binghampton (PA?)

Beheaded Man's Last Project Was In NY

Nick Berg -- the 26-year-old Pennsylvania man who was killed by beheading in Iraq -- completed work on his final radio tower job in the United States two months ago. Berg's company -- Prometheus Methods Tower Service of West Chester, Pennsylvania -- installed a radio transmission tower for W-H-W-K in Binghamton. Station chief engineer Larry Hodge says Berg started erecting the 850-foot tower in late February, a few weeks after he'd returned from Iraq. Hodge told Binghamton radio station W-N-B-F that Berg worked in Binghamton until March 12th. He headed back to Iraq two days later. The engineer said Berg "seemed to have no fear at all" about returning to Iraq. Hodge said Berg told him he thought "things are pretty safe over there."
2004-05-10 22:37:42


http://www.rnntv.com/NewsChooser/pages/multi_column/main_hudson.cfm?prm_region=hudson

[markses]

25. Binghamton is in New York State

New York's "Southern Tier," to be exact, on 81 north of Scranton and Wilkes Barre. Used to be a big IBM town, but they moved out in the late-1980's early 1990's. Also home to one of the SUNY systems "big" research universities (SUNY Binghamton, or, since they got fancy, Binghamton University). Also the childhood home of Rod serling of Twilight Zone fame, and the former Carousel Capital of the World. Great little city. I suggest boozing it up in Uncle Tony's and Tom and Marty's, downtown, though wait for the students to leave, since they usually pack these areas. Also a great old-man bar called the Royal Lounge.

[Tinoire]

27. Lol! Thanks for the tip n/t

[Justice]

46. My husband is from Binghamton

Go there all the time.

Sad.

[Barrett808]

26. Binghamton, NY (just over the border)

http://www.mapquest.com/maps/map.adp?ovi=1&zoom=4&mapdata=5u7zQrYT8FArLxgRwBAgWD9g2Oi4g8Cmq5lt6QdnZHGe%2fEJAEbnBRTXzS3Sd5BQi8M9blmqUef5%2b2IdkD1o1CQG%2fDvp7pIPeo8zOQ%2f0m5fhRG%2f2cIYKnRWBhBAW0plKko7HPN6iNLZKPngdQCmuYqOssneFN00cxgXPWR5rCJtFnTsFTLDZBvRkOs99b0R8IqmoklSb7EnNPZiZC5q83aoNz30a0A1Kn3MX6thADO5dqRx483%2bthozuHAaEHYpgdPauhxhq6am%2bcdEKiseQYtc4mnVZg6nI8rK0QzWmi2JA%3d

[robbedvoter]

28. AAR news: Ashcroft: Berg had no ties to terrorists

They followed this with news that a hate radio in Portland was making fun of him using the screams of the tape as background

[jdj]

43. I heard that station described as "alternative" today

on one of the cable clones.

I can't understand why these three dj's got fired yet Rush still has his job after saying the torture of the Iraqi prisoners was just "frat pranks" and "blowing off steam". I mean, I know they were wrong and in bad taste, but fair is fair, Rush is just as bad.

[mzmolly]

30. I know he did some work in Texas? Perhaps he was registered elsewhere?

:shrug:

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[suegeo]

39. The telecomm contracts in Iraq

I read numerous news reports in the biz news sections that the telecommunications contract-awaring process in Iraq under pro-consul Bremer has been VERY VERY CORRUPT. (Billionaires getting the shaft, the nephew of that douche bad Chalabi involved, maybe China and some other country that starts with an L (Sorry, the stories are kinda blurring together...)

I think I read that MCI (of MCI-WorldCom infamy) was awarded much of the work, despite not having the kind of expertise necessary to set up the type of shit they were contracted to do. Oh, and the fact that their crimes in America cost people some big money.

I wonder if this whole Berg affair is just a mafia business deal gone bad? E.g.--Berg was cutting into Tony Soprano's garbage hauling contracts...

Some of the recent articles about mystery man Berg mention that the towers Berg worked on had lots of equipment looted. My questions:

Looted by who?

Who originally built and owned the remaining towers after the Bush junta swooped in and stole them? How much money are these corporate entities out?

How much equipment ($$$) was ripped off, and what powerful corporate
interest got ripped off?

The main religion of the elites who are fighting right now is MONEY, in my opinion.

Could it be that someone got ripped off, and is trying to send a message to stay off the territory?

[lucky777]

40. Law Professor weighs in . . .

A firm cannot legally use an "Inc" after its name unless it is a registerd corporation.

All corporations must be formed in a given state by filing Articles of Incorporation and then annual reports which require a franchise tax. If the corporation does business in another state it must also "qualify" in that state, though many corporations fail to take this step. Legally, if you do not qualify in another state, the penalty is that your corporation cannot bring a lawsuit as a plaintiff. Lexis-Nexis has a list of all corporations, and most states have a searchable database as well. Most large corps are formed in Delaware but have their principal place of business in another state.

Similar registration requirements apply to Limited Liabilty Companies and Limited Partnerships.

In other words, there is no such thing as an informal corporation -- you cannot legally use an "Inc" without registering.

So this means that Berg either (1) blew off the filing requirement and was not a legal corporation, (2) registered in some foreign state (e.g., Kentucky) and failed to qualify the corporation in PA, or (3) was using an unicorporated structure such as a general partnership or sole-proprietorship and wrongly calling it an "Inc." Option 3 is most likely.

This happens all the time -- people are too cheap or too lazy to follow the formalities.

[freeforall]

41. This is true in Canada as well.

You have to file Articles of Incorporation and register in each province if you want to do business across the country.

Sounds as if he was a sole prop. and didn't follow the rules.

[Unknown Known]

42. He also worked for Clear Channel at one time

as well as worked on the rigging in Philadelphia for some company for the 2000 Republican Convention. I remembered this from one of the first articles I read about him and it stood out like a sore thumb - struck me as really strange! Here's the cached article from CBS -

He went to work for a businessman in Texas who built radio towers. His customers, the father said, included little radio stations from Virginia to New York. He later ended up working for big network radio stations, including those owned by Sunshine, Clear Channel and Citadel.

Berg liked to climb high, a risky endeavor. In 2000, before the Republican National Convention in Philadelphia, he worked for a rigging company stringing wires on the roof of the convention building.

Wonder who that "businessman in Texas" could be???

http://216.109.117.135/search/cache?p=%22Nick+Berg%22+%22Clear+Channel%22&ei=UTF-8&n=20&fl=0&u=www.cbsnews.com/stories/2004/05/11/iraq/main616842.shtml&w=%22nick+berg%22+%22clear+channel%22&d=4D66C10942&c=482&yc=15746&icp=1