AC Trust


Staff member
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]

anyone else notice that:

(1) DA MAN & Mahguah-SP both used all caps

(2) Hip trader fell off the map as DA MAN & Mahguah-SP went south

now Ed and a real person who was Mahguah-SP have the inside scoop

OK I'm DRUNK and going to have some sexy-time with a young lady

but ..........................

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dreaming my life away...
I hope Mr. Rosas is much more articulate as a litigator than he was in his posts on this forum - I put "Mahguah Scalps Pilgrims" on ignore a long time ago.



What "authority", "influence" or whatever can the new trust have on the old one? Who to decide? I have difficulty to understand the relation between both. Thanks to enlight us



Super Anarchist
Can anyone explain how this has any legal standing with the actual Americas Cup?
I'll make a guess.

There is some question about the legal standing of the trust. The Cup is an International Competition and the Schuyler Trust might not meet the legal requirements to govern such an event. I base this on MSP going on about international maritime law and the The Hauge. Two subjects I freely admit I know nothing about.

I am convinced that this is the real deal and it is an angle that is new.

Hamish Ross hinted that the Deed was questionable, so have many others. My questions are based on my limited knowledge of NY Trust Law.

No doubt that the SNG will fight, I hope MSP has some deep pockets to support this. SNG has been willing to let Ernesto throw millions away in legal fees over the Cup. Has MSP found a way to get the IRS involved in a sailboat race? Not even Ernesto has enough money to fight Uncle Sam's tax man.



Super Anarchist
San Francisco
I would guess that the IRS involvement is only accepting and processing an application for a registered charitable trust. This means they don't have to pay taxes, and they need to do certain things with their money. MSP is no doubt going to ask for contributions to support the trust. Since the trust is registered with the IRS, there is a better chance contributions will go to the intended cause than there was with the SA AC Challenge :)



Super Anarchist
So basically the plan is to force the 'dubious trust' to have to seek refuge by vesting the AC in this newly created & 'globally legitimate trust' which can then sort out the shit?

Obviously EB isn't likely to do that on his own, could the court rule the cup trust dodgy & go 'oh look at this, a handy & legitimate trust' -> AC goes to them?


White Lightnin'

Super Anarchist
Anacortes, Wa


It's gonna take me a little while to get my head around all the possibilities here, but it has some merit on first blush.


P.S.- I am honestly curious to read SimonN's first post in this thread.



Super Anarchist
San Francisco
This is certainly interesting. I now publicly vow to take MSP off of ignore if he promises to use "Pilgrim" capitalization. An all CAPS posting is one of those things up with I just cannot put.

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Super Anarchist
I would guess that the IRS involvement is only accepting and processing an application for a registered charitable trust. This means they don't have to pay taxes, and they need to do certain things with their money. MSP is no doubt going to ask for contributions to support the trust. Since the trust is registered with the IRS, there is a better chance contributions will go to the intended cause than there was with the SA AC Challenge :)
I think it is prudent not to speculate much farther until the actual trust documents are filed. I'm having a hard time thinking that IRS status gives this trust any standing over a Swiss Trustee. The trust must fall under some jurisdiction, who's is not clear at the moment.

It is for sure going to an interesting few days here!



Super Anarchist
what's the difference with SA naming its race the ISAF race ? not much of a difference, is there ;)


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