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Funds advised by Apax (the “Apax Funds”) announced an agreement to acquire Rodenstock Group (“Rodenstock”), a leading manufacturer of premium ophthalmic lenses, from Compass Partners. The transaction is subject to applicable regulatory approvals and is expected to close in the middle of 2021. Financial terms were not disclosed.
ILCT Ltd. acted for Rodenstock and Compass Partners for the sale of its shares in Rodenstock Group by way of conducting a full-blown due diligence investigation on Rodenstock Thailand, for the purpose of preparing a report for Rodenstock Legal Factbook for the potential buyer(s). This includes but not limited to reviewing corporate structure/documents, material contracts, insurance policies, financial agreements, employment/labour contracts, intellectual property, real estate and ongoing litigation matters. ILCT Ltd. also assisted in answering questions raised by the potential buyer/s in relation to Rodenstock Thailand.
Palawi Bunnag, partner, was the leading attorney on this transaction. “Since this was a full-blown due diligence investigation, apart from our corporate department, we had also brought in our intellectual property team to evaluate the client’s IP portfolio, as well as, our litigation team, to conduct investigations at various relevant courts and employment team to advise on labour-related matters. Moreover, our real estate team also assisted in reviewing various licenses and permits for the client”, commented Bunnag.
The data centre owner and operator, known for its award-winning Tier 3 facility in Reading, looks to build on its continuing success with ambitious plans for expansion. Harwood is supporting these plans through an initial investment and through further committed capital.
Jeremy Brade, Partner at Harwood Private Equity added: “Amito has proven itself to be an exceptional regional data centre delivering consistently distinguished service to its growing customer base. We have been impressed with the Amito management team, its achievements to date and its powerful commitment to accelerate growth and expand. We look forward to working alongside the team to achieve these goals.”
Finally, MHA MacIntyre Hudson Partner, Chris Denning, remarked: “It was a pleasure to be able to support Ed and the team on structuring this transaction and congratulations on securing Harwood’s support at a key and exciting point in the company’s history. We very much look forward to continuing working together with Amito and its shareholders as the growth and expansion strategy is executed”.
AvivaSA is the fifth largest life insurance company by gross written premiums and the leading private pension provider in Turkey. It offers pension, protection and savings products to over 2 million customers through bancassurance, tied agents and a direct sales force. Founded in 2007, AvivaSA is listed on Borsa Istanbul with a market capitalisation of TL 3.4 billion as of 22 February (EUR 401 million). The company is currently owned 40% by Aviva plc, 40% by Sabanci Holding and 20% is free float.
The investment in AvivaSA fits Ageas’s strategy to expand in regions in which it is already present and provides the opportunity to tap into low-penetrated and high-growth markets such as the Turkish Life insurance market, which has been growing at 28% per year in the 2014-2019 period. It also allows Ageas to broaden the collaboration with Sabanci Holding, its partner in the Non-Life joint venture AKSigorta.
Fortenova Group d.d. and Nomad Foods Limited have signed a Sale and Purchase Agreement (SPA) for the Frozen Food Business Group (FFBG) consisting of Ledo plus d.o.o., Ledo Čitluk d.o.o. and Frikom d.o.o. alongside several smaller affiliated companies.
The value of the transaction is EUR 615 million, on a debt-free, cash-free basis, with completion planned for Q3 2021. Upon completion, Nomad Foods will become the owner of FFBG which comprises a leading European frozen food portfolio of iconic local brands with strong consumer awareness in Croatia, Serbia, Bosnia & Herzegovina, and several other countries in South East Europe (SEE). With more than half a century of tradition, the FFBG is the largest producer and distributor of ice cream and frozen foods in its respective markets.
“This is a transformational transaction for Fortenova Group with all the funds to be used to deleverage the Group and deliver a Fortenova Group that is, after many years, financially strong and able to fully invest in all its businesses”, said James Pearson, Fortenova Group’s Chief Financial Officer.
An Interview With, Isailovic & Partners, Adviser to Fortenova Group d.d.
What were specific Serbian legal aspects the seller needed to be aware of?
Certainly, the Seller needed to keep in focus two main Serbian legal aspects when approaching this transaction. Firstly, the fact that local entity as part of FFBG was substantially involved in the previous Group’s internal relations (both financial and operational) with some non-core assets still in the target’s portfolio. Secondly, in comparison to the legal systems governed by common law and most of the EU legal framework, Serbia recognises quite specific legal institutes when it comes to the title over real estate (e.g. right of use over the construction land) which is a fundamental issue in an M&A transaction like this. Careful group restructuring and considering constraints of the local legal framework had to be planned to address these aspects timely and properly.
Was there anything unique about this particular deal?
It should be noted that Fortenova Group established its business operations in April 2019 with the implementation of the Settlement between Agrokor’s creditors in one of the most specific and complex legal cases ever to be done in the region. One would argue that it would take years only to consolidate your own governance and operations, but to be able to sell FFBG in a deal like this to Europe’s leading frozen food company only two years later is quite unique and a tremendous success for all participants in our opinion.
What issues have the potential of arising in a deal like this? How did you avoid them?
When the seller is considering the divestiture of a part of its business which is located in several jurisdictions, some of them being non-EU, and the buyer comes from a common law legal system, there is an indefinite list of issues that could arise in both the agreeing and the implementing phase. Proper cooperation and understanding between local and international advisers, as well as with the seller’s own team, was key to the success from the very beginning. Punctual communication through pre-agreed streamlines, being understandable in providing the local legal inputs and keeping up with the pace of the transaction will bring you closer to the goal. We are glad that our team led by Nikola Rodic - senior partner, Andrija Djurovic - partner and Ana Ivanovic - lawyer -, managed to cope with all challenges and contributed to the successful signing of the SPA.
New Vision Fund 3 announced their EUR 150K investment in MYX – a platform that generates highly accurate digital representations of physical assets, called “digital twins”, overlaying them with AI-powered analytics. Total funding in the round is EUR 350K. The major part of NV3’s ticket is secured by the Fund of Funds. The funding will be used to accelerate product development, support local and international business development, as well as grow the company’s team.
“Operating large-scale physical asset networks is becoming an increasingly complex task while costs are escalating. MYX solves this problem by automating and digitalising the oversight, management and maintenance activities of the respective assets, saving a significant amount of time and money to companies. The digital twin market is growing rapidly and the founders of the company have all ingredients in place to grab a sizeable chunk and position MYX among the notable players in the industry. The company’s use cases are numerous”, said Yordan Zarev, Partner at NV3.
Djingov, Gouginski, Kyutchukov & Velichkov advised the founders of tech start-up MYX AD. The team was led by Partner Stephan Kyutchukov and included Associate Peter Angov.
An Interview With, Stephan Kyutchukov, Partner at DGKV
What challenges can start-ups face when trying to secure funds?
Maybe the main challenge is developing a viable business proposition. First, start-ups need to link an innovative technological idea with a potentially useful commercial implementation. Then, this needs to be developed into a viable business model. Start-up founders need to avail of a business development specialist who, working with them and understanding the novelty of the product, would define their business proposition. As start-up founders are usually not able to pay for the service, they must be prepared to pay in equity to their business adviser and thus make them their partners in growing the business. If done with measure, with mutual trust and in good faith on both sides, this forms a sound foundation of a viable partnership. Such a partnership can capably address any technical and business challenge on the way to success. The first business challenge is to convince early-stage investors to put funds into just an idea. Once past that step, a start-up is usually on its way to success.
What legal aspects are start-ups often unaware of during this process?
About any legal aspect is a challenge. Start-up founders usually know nothing of the elementary legal infrastructure of setting up a business as an entity: corporate forms, corporate procedures, corporate finance techniques, corporate governance, minority protection, exit strategy. Going a step further, any form of business activity, especially in the tech sector, is extremely sensitive to intellectual property protection, confidentiality, exclusivity, non-compete arrangements, day-to-day commercial contracts with clients and suppliers. To put a provisional end to this infinite list, I would mention setting up an employment framework, compliance with social security, tax laws, and personal data protection.
How do you ensure all runs smoothly?
A law firm like ours must find the formula of succeeding to put a lot of legal work into the setting up of a start-up, at a negligible price (start-ups do not have money for legal fees). One needs to look onto this as an investment in the future and work with numerous start-ups. At least some of these “subsidised” clients will one day grow into large-scale paying clients. Unreserved and competent legal support in the early stages will not be forgotten when things grow big.
Creditors approved the insolvency plan with a large majority on 26 February 2021, with the court confirming it on 15 March 2021. The insolvency plan focused on the preservation and sustainable continuation of the company, satisfying the creditors and company alike. The investment team consists of four proven experts from the finance and fashion industry. Karsten Oberheide remains the sole managing director.
Despite the COVID-related restrictions and lockdown, BONITA terminated the self-administration process as was planned at the end of March 2021. “This is a great success”, said lawyer Dr Sven-Holger Undritz (White & Case), “because the retail sector is facing extreme challenges at this time and the uncertainty of how things will continue. It is all the more impressive that BONITA has emerged stronger from the crisis with the help of the restructuring process and can now leave it behind.”
“Without the firm will of all those involved, the successful conclusion of the procedure would not have been possible during this time. I would therefore like to thank the committee of creditors and the administration for their constructive support during the procedure”, said Karsten Oberheide.
An Interview With, Karsten M. Keilhack, LL.M. (Cardiff University), HTM Meyer Venn & Partner
What employment-based issues are there during insolvency?
In the self-administration insolvency proceedings of BONITA GmbH, we represented the two Works Councils for Sales and Head Office, as well as the General Works Council in the negotiations on the reconciliation of interests as well as the insolvency social plans for the restructuring-related staff reduction; we also voted on the insolvency plan on behalf of 1,272 employees at the creditors’ meeting on 26 February 2021. Reorganisation-related job cuts are subject to legal regulations in Germany. However, if the employer is already in insolvency proceedings, employees are in a very difficult position when negotiating reconciliations of interests and social plans. It is important here to convince the employer to create prospects for the dismissed employees in order to mitigate the social hardship associated with the dismissals as far as possible. For the head office workers affected by redundancies, for example, we succeeded in convincing the employer to install a transfer company to mitigate the social consequences for the workers affected by the job cuts. For the sales staff made redundant due to branch closures, the employer must look into transfer possibilities to continuing branches.
When voting on the behalf of employees, how do you ensure all voices are heard?
Voting on behalf of 1,272 employees at a creditor’s meeting is certainly not an everyday occurrence in German insolvency law. Employees mostly do not know their rights in insolvency proceedings. In the case of Bonita, we had the opportunity to work closely with the Works Councils to inform employees of their rights at the creditors’ meeting and offering them a concrete way to exercise their voting rights there.
Further to the above, why is this a rarity in insolvency proceedings? What rights do employees have?
Basically any employee who has a claim against his employer has a voting right in the creditor’s meeting. However, in practice barely a handful of employees attend such meetings in order to exercise their voting rights. In the case of Bonita, we were lucky that all members of the Works Council were very committed to their function and thus organised the collection of powers of attorney for the creditors meeting. And so it happened that we were able to vote on behalf of 1,272 employees at the decisive creditors’ meeting on 26 February 2021.
The company is acquiring control of the Zol Stock chain for NIS 45 million (constituting 50.1% of shares), based on a valuation of NIS 90 million. Yochananof intends to conduct an IPO for the company based on a valuation of NIS 300 million in the near future.
Yochananof was represented by Amnon Sorek of Hamburger Evron & Co. Law Firm, while Oded Oz of Oz, Fuchs & Co. together with Itai Hoefler of Meir Hoefler Law Firm advised Zol Stock.
An Interview with Oded Oz & Itai Hoefler, Oz, Fuchs & Co. & Meir Hoefler Law Firm
When is it a good idea for companies to consider selling a majority stake?
Oded Oz: In this case, the sale of the majority stake was required to ensure the consolidated financial statement of the acquiring entity, which is a publicly-traded company. Moreover, when the acquiring entity is a strategic partner and a key player in the future growth of the company, the majority stake and the control it conveys provides significant incentive for the acquiring entity to harness the full weight of its market influence for the growth of the company.
What are common precautionary measures companies that are selling need to take?
Itai Hoefler: Preliminary caution usually includes signing on the confidentiality agreement and detailed term sheet to ensure that in the event the negotiation fails, the confidential information that the seller disclosed will not remain unprotected and the company is not exposed to misuse of its trade secrets.
Oded Oz: Upon becoming a minority stakeholder, the seller should ask that certain matters will require a special majority vote, to ensure that material matters and important resolutions will not remain in the sole control of the majority holder. In addition to what Oded mentioned, unlike in cases where the seller sells all of his holdings in the company, it is important to ensure that the agreements will provide an agreed structure of how the company is going to be managed following the transaction, and the entry of the new majority and control holder. This includes legal and managerial mechanisms detailed in the transaction documents, but not less important, choosing your future partners diligently.
What aspects do you think are worth negotiating in such a deal?
Itai Hoefler: In these transactions, the key aspects included material issues requiring a special majority vote, and bonus payment upon reaching certain business milestones for the minority holder who will continue to manage the day-to-day affairs of the company.
Oded Oz: Since we insisted that the agreement, subject to certain conditions, include a put option for the sellers, it was important to draft the valuation mechanism for the exercise of the put option. Other standard minority rights included tag along, right of first refusal, and specific management related matters who will remain the control of the minority holders (who, as mentioned, will continue to manage the company).
Frontier Management Inc. (CFI Japan) announced that they acted as financial adviser to Sojitz Corporation in the capital and business alliance with Royal Holdings Co., Ltd. and the acquisition of 60% shares of Royal In-Flight Catering Co., Ltd.
Royal Holdings Group’s mission is to improve the lifestyles of citizens through food and hospitality services. Royal Holdings possesses a strong business foundation, and the company operates five business segments.
Sojitz has been engaged in the aviation business for over 60 years, serving as the sales agent for U.S. Boeing aircrafts in Japan from 1956 onward. In recent years, Sojitz has engaged in airport industry operations, including the operation of airports both in Japan and overseas. In addition, Sojitz possesses diverse networks and know-how in business fields with high relevance to Royal Holdings, such as Sojitz’s shopping centre operations, and food distribution business primarily in Vietnam and other ASEAN countries.
An Interview with Toshi Mitsuzawa, Senior Managing Executive Officer, Head of Financial Advisory Department
What financial advice often prevails in an acquisition?
In order to support Sojitz in their investment process, we took a holistic approach and provided them with discussion materials that covered a wide variety of key topics, such as: the investment structure, business analysis, financial models, potential synergies and more. The main concept behind these discussion materials was how this alliance would bring about additional value for Sojitz.
How do you ensure everything runs smoothly?
Throughout the deal we engaged in proactive communication, not only with our client, but also with other related parties and took a flexible approach for certain situations. This allowed us to overcome various unexpected issues as they happened. Furthermore, the commitment of the members in the deal team played a crucial role in ensuring that the deal was smoothly executed. Although the time allowed for due diligence was very limited and there were several critical issues to be tackled, we were able to resolve these in a satisfactory manner thanks to the efforts of all the deal team members.
What could potentially go wrong in an acquisition like this? How did you work around it?
One key issue we often face is how to look at the business forecasts of a company that is currently affected by the pandemic. While the latest financial results showed a downward trend, we conducted a deep-dive analysis on the essential value of the businesses and also considered a potential business expansion under the alliance. Based on our analysis, we arrived at a reasonable valuation to support this investment. In these unprecedented times, a careful and deliberate approach is necessary when investing and as such, a financial adviser is required to prepare a comprehensive valuation based on deep analysis and one that is reasonably supported by facts.
GKC Partners in association with White & Case advised a consortium of lenders, including Ziraat Bankasi, DenizBank, HalkBank, and Yapi Kredi Bankasi, on their USD 1.1 billion financing of the restructuring of Turkey’s Besiktas, Fenerbahce, Galatasaray, and Trabzonspor football clubs. Akol Law advised Galatasaray and Pekin & Pekin advised Fenerbahce.
An Interview with Pekin & Pekin, www.pekin-pekin.com
Please share more about your involvement in this deal.
We provided legal support from day one starting with general advice, as the financial restructuring concept regulated recently by the BRSA1 and precedents are very limited compared to customary refinancing & restructurings. Therefore, this is a milestone deal in the Turkish market. Our involvement was not limited to the financial restructuring but to oversee the whole process, including tax and group restructuring issues as Fenerbahçe group is quite complex compared to other clubs consisting of one publicly traded company and 11 group companies in different regulated/unregulated sectors, which required utmost attention.
Lastly, BoD liabilities had to be dealt with meticulously under the documentation in a way to limit the same to the extent permitted under Turkish laws and parallel with consortium requests.
Did any challenges arise along the way?
The main challenge was to ensure the whole restructuring worked in general and within itself from different aspects, in particular managing the security package, whilst keeping Fenerbahçe group’s cash management at feasible levels. Intra-group restructuring was another hurdle that had to be juggled around for the successful closure of the deal.
Negotiations took almost one year and had been quite challenging due to various hurdles resulting from economic distress in Turkey, COVID-19 effects and measures, rapid legislative changes as the documentation had to be tweaked several times in a way to leave room for manoeuvre for a post-COVID-19 term.
Lastly, BoD liabilities had to be dealt with meticulously under the documentation in a way to limit the same to the extent permitted under Turkish laws and parallel with consortium requests.
Therefore, walking the BoD members through complex legal concepts was very crucial and challenging.
How did you navigate them with your team?
We have a strong Banking & Finance team led by Eda Beltan, that has a deep expertise on not only restructurings, but all kinds of financings in general with a practical and business minded approach which allowed us to close this deal smoothly by offering effective solutions and amicable negotiations.
What banking and finance issues commonly arise during restructuring?
In similar restructuring projects, management of securities is one of the most important and crucial issues as it directly affects cash management throughout the restructuring term. It was quite challenging to meet consortium security package requirements whilst keeping Fenerbahçe group’s balance sheets operative and ensuring the cash flow that is required by the group to continue the activities as is. In this deal, part of Fenerbahçe’s debts are re-financed by new cash loans and are used to pay off the existing outstanding loans and the remaining amounts are restructured by modifying the tenure and interest of such existing loans. This dual structure was specifically challenging as security interests are accessory to the underlying debt and terminate once such debt extinguishes. In this respect, perfecting new securities as transition and continuance structures for existing securities to be extinguished as a result of refinancing had to be carefully elaborated on and tailored under the restructuring documentation in detail.
It should be also noted that, even though this restructuring has allowed the respective football clubs, including Fenerbahçe, to manage their finances in the near future, solutions that are more effective shall be considered and put into effect for the continuation of their growth over in the long run.
Are there any issues unique to the sports industry?
The profit and loss statement of sports clubs is so unique and therefore, it is vital for regulatory authorities and/or creditors to control team expenses (i.e. transfer payments, agent fees and player wages). Additionally, since profits and losses of sports clubs are so stable and easy to calculate based on sporting results, there are unique limitations under the restructuring agreement for the sports industry in order to prevent financial leakage from the clubs by transfer, player and agent expenses.
During negotiations, a new tax amnesty came into force enabling tax debts restructuring and the restructuring agreement had to be revised in a way to enable football clubs to benefit from the same to ease tax debts payments over a reasonable time.
In addition, revenues allowed by the UEFA and TFF had to be separated and the budget requirements had to be construed accordingly.
Now, thanks to the help from his lawyer, Aaron Spolin, and Mr Thomas’ own persistence, he is a free man. In this exclusive interview for Lawyer Monthly, he discusses how he dealt with prison life, the problems in the criminal justice system, and how it feels to finally be set free.
What was your reaction when you heard your original sentence of 39 years to life?
I felt nothing. I was 21 years old and had already been inside since I was 19. I don’t know, I didn’t feel anything. I didn’t feel anything until I was locked up for 10 years, and then I started to feel like, “Oh wow, you’re locked up for life, bro.”
What effect did your imprisonment have on your family?
I’m just now seeing the effects of it. A lot of missed time, a lot of pain that I put them through. I couldn’t see my daughter. I lost a lot of family members while I was in prison. The most recent one was my uncle a few years ago.
I’m sorry to hear that. How did your fiancée Twonia Anderson help you get through all this?
She’s my backbone, my everything. She’s the one that keeps me sane, keeps me going. She never gave up; the one that never lost hope. She came into my life and gave me that hope and gave me that push when I didn’t have it. I felt like it was over with.
How would you describe your life and conditions in prison?
Well, I mean, I did what I had to do to survive.
How were the conditions? Were they acceptable for what they were? Do they need to be improved on?
Oh yeah, it needs to be improved on.
If you could become the warden for the day, what would you change?
A lot of the rules. A lot of the rules are double-edged swords and it doesn’t matter what you do, you lose no matter what. Even if you are in the right, it doesn’t matter as they try to make you lose.
Is there a specific time or instance that you’re thinking of?
Yes, they put a whole year on my sentence that the judge took off, but I ended up doing it, and they basically swept it under the rug like, “Hey, it was just a typo”, but I actually did the time, even though I proved to them I didn’t have to.
Did life in prison ever become “normal” for you?
Yes, for 15 years, that was my life. I grew up in there, so it was similar to how a teenager may grow up in the street, I grew up in prison. I learned things the same way you learn things out on the street – I was just in prison.
You mentioned that 15-year mark. Did something happen at that 15-year mark?
I went down to a lower level, and when I did…it was different, I’ll say that. It was unlike what I was used to. Once I got there, and I had seen how different it was, my outlook changed. At a higher level, you become a victim if you have feelings, but when I got to a lower level, it was different. I could have feelings. I could start living my life.
When you got to a lower level, did it seem like you could get released sooner?
Exactly. When I first got to a lower level, the first person I saw go home, I was confused and asked, “Where you goin’?”. They said, “I goin’ home.” I replied, “You goin’ home? People go home?” I had never actually seen anyone leave prison.
What are your main concerns and issues with the prison system?
The way they treat us, the food, the healthcare, the living… it’s filthy. People are willing to clean up, but at the same time, they don’t give you anything to do it with. Just like with Coronavirus, they don’t give you what you need to sanitise and that is why everyone caught it. It shows it’s falling apart. It is super cold in the winter and with no ventilation, it’s super hot in the summer.
Do you have suggestions for new programs that would help people integrate into society better after being released from prison?
One thing they don’t set us up for is the reality of easing back into ‘normal’ life; they try to set you up for jobs and reentry to your family, but they really don’t regard or let you know how it’s not as easy as you think it will be. After all those years, going home and trying to introduce yourself back into your family… Your family still sees you as the 19-year-old boy that went in. If I didn’t do a life skills class or any of the classes that prepared me for family issues, I would never have asked myself “What do I need to do to make this transition better? They may not understand it, so what can I do to help?”. But there’s some stuff they can’t teach you. Maybe someone who has been out and experienced it could come back and teach you. In there, everybody helps you out. If you need to eat, someone will help you eat. Out here, it’s more, “It’s not my mess, so why would I pick it up for?”
So, it’s more individualistic outside of prison?
Yes. It’s a dog-eat-dog world out here more so than it is in prison, which is the opposite of what most people may think. If you feel like you can do it and deal with the consequences, then that’s fine. A few years ago, I just started living my life like chess. I calculated every move, and that’s what keeps me out of trouble. If a move isn’t worth it, I’m not going to do it.
And you felt that was a view you accumulated while in prison?
I didn’t have that view before. When I was 19, I was spontaneous. If someone said, “Let’s go beat someone up”, without too much thought, I would say, “OK.”
That community feeling in prison – did that go for both the higher and lower levels? The feeling that everyone had everyone’s back.
Same all the way through. It may not be the same amount of respect on every level… the higher levels have more respect and more structure and that’s what I grew up on – the higher level structure. When I got to a lower level, it helped me detour from that life. I think everything worked according to God’s plan. It all fell into line.
What motivated you each day to keep fighting for your release even after 25 years of imprisonment?
My daughter. I saw her almost every weekend.
Has prison changed you? How?
Yes, but not for the worse. I wouldn’t be the man I am today if it weren’t for prison.
How would you describe yourself now?
Generous, life of the party, always willing to help.
Do you see anything positive about your time in custody?
I ended up going to a prison ministry retreat that they call “Kairos”, and once I went there, I started seeing a different way of living, which I had known when I was younger but didn’t accept. But I finally tried it, and everything turned around after that. I did what I had to do to get out. I let the old me go. My goal was to give back instead of taking. That’s how I ended up getting an education. I became a tutor, I helped people get an education, helped them get their GED, helped people who were struggling with their life in prison get their lives together.
How did it feel to learn you won your case?
I didn’t know what to feel. My whole body was tensed up. Every muscle was tense. My body was in one big cramp. I didn’t know how to feel or what to think. I was just thinking, “Wow. Finally… Finally.”
Did you feel justice had been done despite your lengthy incarceration?
Of course, it wasn’t their fault. It was my fault. I put myself in that situation. Nobody else put me in that situation.
What was the first thing you did after being released from prison?
Two of my nieces, my oldest brother, and my oldest niece’s boyfriend came to pick me up, and the first thing they did was hand me the phone, as there were people already on the line wanting to talk to me. I was finally walking through the gate not to get on a bus and go to another prison, but walking through it to go home.
What were you most excited about with your newfound freedom?
Being able to see my mom and dad on the other side, without restrictions on contact and how long a visit is, or what food we have to eat. Also, being able to spend time with my daughter for the first time outside of prison. She was born after I went in. Some of the things that are tough to you, you don’t see them as being tough anymore. They just are what they are.
What were you most nervous about upon being released?
A lot of things. I think the most prominent thing I was probably worried about was people thinking that I was weird because of the things that I became used to, because I know the things I was accustomed to doing while I was in prison, is not normal in everyday life.
Do you have a specific example of that?
Mainly just how I’d been living. It is a different living style in prison than it is out here, especially in relation to respect levels and socialising. I felt more love in prison than I do on the streets. You have to be a family in prison. Everybody greets everyone with a “good morning” in prison. Out here if you do that, they swear up and down that something is wrong with you.
What were your job opportunities when released?
I had so many job opportunities. If people say there are no job opportunities when you get out of prison, it’s a lie. I worked one job for two weeks, but they were treating us badly, so I left. Two weeks later, I got another job that I’m still working now.
Is this a testament to your work ethic?
I learned when I was in prison. I took every class I could in order to prepare me for life upon my release. The Employment Prep class showed us how to find jobs outside of prison; they taught me parts and Twonia helped me with the stuff I didn’t know. I also always had a job in prison. If they wouldn’t give me a job, I was going to find a job.
Did these jobs in prison help you find jobs on the outside?
Of course they did. Without that experience, I wouldn’t feel comfortable having an interview with somebody or anything like that. When I did my first practice interview, I was so nervous I was sweating.
Do you get value out of your work?
I love my job, even if, like most people, I don’t love going on some days. I try to do so much on my days off, and work just as hard on my workdays. I feel like work gets in the way sometimes, but I like making money and you know what they say: you work hard, you can play hard.
What would you tell the people who think you should still be in prison?
They are one step away from being in there themselves. Everyone has something that could cause them to be where I sat. You accuse somebody, that’s a life sentence. I have a best friend named Louie who has a life sentence because he hit somebody and kept going, not realising the extent of his actions, and he’s been in there for 22 years now. Everyone is a step away from being in that place if you don’t make the right choice. I made the wrong choice. I hung with the wrong person. Everyone is going to have that feeling that people shouldn’t get out. Somebody in there could save your life. People in prison change and teach other people in prison to change. Lots of people feel that those who go in there should never come out. A lot of those people call themselves Christians, but if you aren’t willing to forgive someone in prison, what kind of Christian are you?
How do you feel about the criminal justice system in California in general?
It’s screwed up, really screwed up. All you have to do is look at the population of the prison, where they grew up, where they lived, and then look at the justice system. Who are they locking up? You know they’re not locking up people who stole a billion dollars; they’re locking up someone who stole bread to feed his family, or somebody who stole because they couldn’t get a job because of their history. That’s the plus side for me is that they don’t see a record because I’ve been gone for over 20 years, but for someone who has been gone five or six years, they will see their history and won’t give them a job. They’ll simply say they’ve already hired this many felons this year.
Is it a numbers game to them?
Yes, they don’t want to hire too many ex-convicts. They don’t want their company full of felons, but that’s who they should hire, because they would never steal from you. After all, they don’t want to go back to prison.
When you referred to who they’re locking up, who were you referring to specifically?
Minorities. You don’t find someone in the upper or middle class – that’s 1 out of 100 people. They also then want to lock you up forever. A lot of people in there with life sentences are 60 to 70 years old and have been in there for 40 years. What are they going to do out there, when they are barely moving in prison! But that’s what they want. They want you decrepit. They hate to let you out when you still got youth in you. People have been clean for 20 years that are still in there, but if you go to the board they will just knock you down.
What do you know now that you wish you would have known when you were 19?
That life was easy then. Life was easier than I thought it was.
When you say life was easier, did you feel somewhat hopeless at 19? And is that what led you to commit crime?
At 19, I was trying to keep up with everyone else. I wanted the nice cars, the shoes, the clothes… but if I had known I could have gone and got a job and gotten money easier than the way I was getting it, I would have done it that way. I did not get my first job until after I was released.
What emotion did you experience most in prison?
Probably anger.
What emotion have you experienced most since your release?
Joy, just joy. I wake up every morning looking forward to my day. What I can do, accomplish, learn…
If you wrote an autobiography about your life, what would it be called?
“Listen to What’s Been Said.”
Thomas Curry was represented by:
Aaron Spolin
Spolin Law P.C.
11500 W. Olympic Blvd., Suite 400
Los Angeles, CA 90064
(310) 424-5816
