The decision on the part of the courts seems to hinge on procedural problems. The Opinion noted “The record at trial established that Altenberg induced the plaintiffs to invest in the
Fund by making fraudulent misrepresentations, but the plaintiffs are not entitled to receive
a remedy on this theory because they did not present it in a procedurally proper way.”
Altenberg tries again
While VERT Solar Finance filed for bankruptcy, Altenberg is now the CEO of Clean Energy Nexus, a solar development company that “provides the capital, expertise, and trusted network of solar professionals to build, own, and operate solar renewable energy systems for commercial and industrial businesses,” according to their LinkedIn about info.
Their about info also promises to “get to NTP in 90 days and save up to 40% on your facilities’ electricity bills by working with us to build a a solar energy solution.” NTP stands for Notice to Proceed and was a key component of VERT Solar’s business model.
Their website registers a 404 error, and it’s unknown whether they are currently still in business. Businesswire reported on activity in March of last year, but they haven’t popped up recently.