Friday, September 25, 2009

Radio Canada International - Fraud Panel Discussion

I was invited to participate in a panel discussion about fraud on CBC Radio Canada International’s “The Link” with Marc Montgomery this week. Please listen to CBC Radio Canada International’s “The Link” online today at 9am MST:
http://www.rcinet.ca/rci/en/emissions/1952.shtml
Click the > (play) button on the right hand side of the page.

If you miss the live show today, the show will be available for the next month.
  1. Go to: http://www.rcinet.ca/rci/en/emissions/1952.shtml
  2. Click the > (play) button on the right hand side of the page
  3. Select “Create my playlist”
  4. Select “The Link - Part 2 –2009-09-25”

Friday, September 18, 2009

Appalling comments from Ed Stelmach...

Please read this article published in today's Calgary Herald where Ed Stelmach had a few less than savoury comments:

Speaking in Banff, Premier Ed Stelmach said he feels sympathy for the people who lost money in the alleged Calgarybased Ponzi scheme. But he said he's certain the province has strong securities legislation in place.

That's why there are loopholes that allow Ponzi schemes to proliferate in our province.

"My heart goes out to those people who took risk and went out and invested in what they thought was a reasonable investment-- but anyone that invests takes a certain amount of risk," Stelmach said.

So Ed... Would it be a correct assumption from your statement that a part of the risk is that a company may be fraudulent and stealing our money and that this is an acceptable risk according to YOUR government? I would argue that this is not a risk that was assumed or accepted by investors when they made their investments with these companies.

"I've been told by the federal government that our legislation for the Alberta Securities Commission is one of the best in the country of Canada, but we certainly want to know where there are maybe some gaps and ensure that it doesn't happen again."

You want to know where the gaps are? We're telling you and you're ignoring the facts before you.

Stelmach added there won't be compensation offered to investors stung by the scheme.

"It's risk-taking, but Alberta is always also known for its risk-taking," the premier said. "That's why we're as prosperous as we are."

Perfect. Welcome to Alberta. Open door to Ponzi schemes - buyer beware.

Thursday, September 17, 2009

A great big THANK YOU to the Committee...

A few of you have asked if I paid for the trip to Ottawa myself. The answer is NO...

I owe a big THANK YOU to the Shire Victims Committee members who graciously came forward with their own hard earned cash and covered the expenses of my trip. Thank you, thank you, thank you is not enough.

Also, my hotel accommodation was provided by Diane Urquhart, the independent financial analyst lobbying for the Securities Crimes Unit.

Ottawa update...

On Monday, September 14th, I flew to Ottawa to represent the Shire Victims Group. Monday night was mostly a travel day, but I met with the Honorable Jim Prentice, Minister of the Environment at 8pm Monday night. Now one might ask why I would meet with Minister of the Environment, but it just so happens that he is my Member of Parliament. I had an excellent meeting with Minister Prentice where I discussed our particular situation. Our message was well received and the Minister encouraged me to follow up with him after I returned home. He also encouraged me to be strong and keep up our fight.


Specific recommendations made to the minister were:
1. Securities Commissions should handle all communications to investors regarding the cease trade order citing the specific allegations. Allowing a company under cease trade to provide official notice to investors using their own wording is not acceptable and is misleading to investors.

2. Creating a clear process for the intake of white-collar crimes complaints such as the proposed Securities Crimes Unit. Today there is a lack of clarity amongst divisions who should take a complaint and whether the complaint should be investigated.

3. Provide additional resources to police fraud units to reduce investigation times. Slow investigations lead to loss of critical evidence, lag in prosecutions, and reduced success of civil claims.

4. Creating a single Canada-wide National Securities Commission with a harmonized regulatory and enforcement framework. It is evident that individuals & corporations are able to simply pick up & relocate to other provinces in Canada and continue to perpetrate fraud.

5. Licensing the exempt market. This raises responsibility of those selling securities to the public to take reasonable care in knowing the nature and legitimacy of the investments for which they receive a commission.

6. Imposing mandatory minimum and stiffer sentences for white-collar crime. The life-time impact on victims of white collar crime is frequently no less than for violent crimes.

7. Eliminate the "one-sixth" rule completely, whereby non-violent criminals are eligible for parole after serving a small fraction of their sentence.

Tueday, September 15th was a jam-packed day. It started with hearing our story carried again by CBC Radio News. They covered the Syndicated Gold Depository SA story and mentioned our story and that I was in Ottawa as part of a group lobbing the federal government on a Securities Crimes Unit with hopes to lead to more effective investigations and enforcement.

At 8:30am, we had a meeting at the Prime Minister’s Office. The meeting was an opportunity for many victims groups to bring their stories forward in support of changes in legislation to protect Canadians from white-collar crime and to ensure that victims of white-collar crime receive support and see justice served. All who attended positively received the meeting and an invitation was extended to develop an on-going relationship to continue to develop changes to protect and provide justice for all Canadians with regards to white-collar crime. Government representatives at the meeting were:

PMO:
Julie Gaudreau - Special Assistant for Quebec
Adam Blinik - Special Assistant for Justice Groups
Sabrina Anzini - Special Advisor Legal Affairs and Policy

Department Of Justice:
Ken Bednarek - Senior Policy Advisor
Genevieve Breton - Director of Communications

At 11:00am, the first press conference was held in the Charles Lynch Press Theatre in the Center Block of Parliament. The subject of the first conference was “New Securities Crime Unit in Addition to New National Securities Commission”. Diane Urquhart, an independent financial analyst, is proposing a new structure to receive and assess securities crime complaints and to assign the criminal files for investigations and prosecution to the appropriate police services throughout Canada or to the RCMP. More information on her proposal can be found in the Securities Crime Unit video at http://www.ismymoneysafe.org. Several victims groups spoke in support of the proposal.

At 11:30am, the second press conference was held in the Charles Lynch Press Theatre in the Center Block of Parliament. The subject of the second conference was “The Fight Against Financial Crime”. Many victims groups shared their stories and proposals. I represented the Shire Victims Group and my press release was sent out by email to our group yesterday. Joey Davis of the Earl Jones Victims Committee also officially announced the BE STRONG Movement and The Canadian Coalition of Citizens Against White Collar Crime. Their website is http://www.bestrongfoundation.org.

Both press conferences were broadcast live to the offices of all Members of Parliament. The second press conference (including my statement) was also carried live by CTV News Watch and CBC Newsworld.

After many press interviews, we then met with Justice Minister Rob Nicholson who briefed our group on the changes to be announced at his press conference and advised us that he is committed to ensuring victims are heard. Three of the group members were present at the press conference: Earl Jones Victims Group, Norburg Victims Group, and Diane Urquhart. The changes being put forward by the Justice Minister are:

- Amend the criminal code to allow for mandatory penalties for fraud
- Additional aggravating factors to justify longer sentences
- Requirements that the courts consider restitution orders

Further, the minister also talked in our meeting about future actions that may include:
- Prohibitions to limit criminals ability to ever repeat similar crimes in the future
- Continued push to pass a bill to end house arrest
- Promise to talk to the Public Safety Minister to remove ability for those convicted of white-collar crime to receive parole after serving only 1/6th of their sentence.

At 2:20pm, we were guests of the PMO at Question Period in the House of Commons where the issue of white-collar crime was raised by a few of the members.
http://www.cpac.ca/forms/index.asp?dsp=template&act=view3&pagetype=watch&lang=e&watchID=1e



The groups who attended the meetings on Tuesday were:
Earl Jones Victims Committee
Norburg Victims Committee
Norshield Victim Group
Nortel Bankruptcy Justice Committee
National Pensioners and Senior Citizens Federation
United Senior Citizens of Ontario
Diane Urquhart – Independent Financial Analyst

Finally, at 3:30pm Joey Davis of the Earl Jones Victims Group and I were interviewed on CPAC Primetime Politics with Peter Van Dusen. You can watch the story online here:
http://www.cpac.ca/forms/index.asp?dsp=template&act=view3&pagetype=vod&lang=e&clipID=3085



I finally arrived home at 10:30pm on Tuesday night.

Saturday, September 12, 2009

Tories mull minimum sentences for white-collar crime

A few interesting articles for you:

Tories mull minimum sentences for white-collar crime

Mike De Souza, Canwest News Service
Published: Thursday, August 13, 2009
The Vancouver Sun

Ottawa's looking at minimum jail terms for swindlers: justice minister
Mike De Souza, Canwest News Service
Publushed: Friday, August 14, 2009

Friday, September 11, 2009

A long winded update to end a busy week...

Its been another busy week, so I thought I’d send one big update to keep the spam down...

Legal update:
John Blair was away from his office this afternoon, I’ll have to get an update from him next week to send out on Wednesday. We have many more investment victims signing on to the class action every day. Mr. Blair’s office has requested several key documents and will be reviewing them as they are received. We are actively preparing for the E&Y report later this month and the next CCAA hearing. Please mark your calendar: The next CCAA hearings is October 2 @ 9am at the Calgary Court Centre. Note – the date/time may be subject to change so I’ll keep you posted!

Political Update:
Last week, Joey Davis of the Earl Jones Victims Committee hand delivered a letter on behalf of our group to Justice Minister Rob Nicholson. On Tuesday, he also hand delivered a similar letter to Finance Minister Jim Flaherty. Our letter was graciously accepted by both Ministers and I was provided with direct contacts in both offices to follow up. I look forward to updating you on this progress.

I was contacted early this week by Diane Urquhart who graciously invite me to Ottawa on Tuesday, September 15th to represent the Shire Victims Group at a press conference with the National Press Gallery. Ms. Urquhart, an independent financial analyst, is lobbying for the creation of a Securities Crime Unit (SCU), a new Federal - Provincial structure to organize and fully utilize the resources and facilities of all the police agencies of Canada in order to provide for the public safety of our pension funds and personal retirement savings throughout Canada. For more information, please watch the Securities Crime Unit video on her website http://www.ismymoneysafe.org

Further to the press conference in Ottawa, the trip will be an excellent opportunity to build relationships with the Earl Jones Victims group and several other similar groups. I will also be attending other important meetings which I will provide updates and details about once I return.

Media Update:
I was a guest on The Rutherford Show on Wednesday, September 9th at 10am. If you missed the show, please check it out in their audio vault. Please be sure to listen past my interview for the very relevant interview with private investigator Ron Reinhold. The show will be available for you to listen to, at your convenience, for one month from the air date.
http://www.am770chqr.com/Station/AudioVault.aspx

Manitoba Securities Commission - Notice of Hearing
The Manitoba Securities Commission held a hearing September 9th at 9am local time to determine if the MSC should also impose a cease trade order against Jeanette Cleone Couch, Shire International et al. You can view the notice of hearing here:
http://www.msc.gov.mb.ca/legal_docs/investigation/hearings/couch.html
I'll keep my eyes open for the results of the hearing and post them as soon as possible.

Website Updates:
I have updated the documents website that you can link to from the blog at the bottom of the “Document Links” section choose “All documents referred to in this blog” or directly here:
http://sites.google.com/site/shireinvestor/Home
I will be posting documents by project. If you have additional documents for a specific project that are not posted, please get in touch with me and I’ll let you know if I still need copies. I am still in the process of getting documents online, but there are several new documents including recent pictures on some of the projects.

Committee Phone Calls:
Just a reminder that you may receive a phone call from one of our committee members over the next few days or weeks.

Other News:
The Earl Jones Victims Committee is working to create the Canadian Coalition Against White Collar Crime. Their website is:
Be Strong Movement: http://www.bestrongfoundation.org/
Please sign their petition and support the fight against financial crime in Canada:
http://www.bestrongfoundation.org/petition/

Please don’t hesitate to contact me should you have any questions or comments.

Wednesday, September 9, 2009

Manitoba Securities Commission - Notice of Hearing

I received this notice via one of our group members this morning. The Manitoba Securities Commission held a hearing this morning at 9am local time to determine if the MSC should also impose a cease trade order against Jeanette Cleone Couch, Shire International et al. You can view the notice of hearing here:
http://www.msc.gov.mb.ca/legal_docs/investigation/hearings/couch.html

I'll keep my eyes open for the results of the hearing and post them as soon as possible.

The Rutherford Show - In case you missed it...

If you missed the show... You can hear it at you convenience, for the next month, at the audio vault at QR 77 and 630 CHED at:
http://www.am770chqr.com/Station/AudioVault.aspx
http://www.630ched.com/Other/audiovault.html

Date: September 9, 2009
Hour: 10:00


Private Investigator Ron Reinhold also spoke on today's show regarding real estate fraud. His website is: http://www.rainbowinvestigations.com/

He also wrote an article in "The Investigative News" regarding our story on August 24, 2009 which can be found here:
http://www.rainbowinvestigations.com/news/story.php?rainbowID=310

The Rutherford Show - Today @ 10am...

Our story will be covered live on The Rutherford Show today at 10am MST. Please tune in:

Calgary: AM 770 CHQR
Edmonton: AM 630 CHED

Online:
www.am770chqr.com
www.630ched.com

My apologies for the short notice – I just received confirmation.

Friday, September 4, 2009

A busy week and lots of updates...

It has been a busy week! There are a lot of things to update:

We have been in touch with the Earl Jones Victims Committee in Montreal and they are actively supporting our cause. Further, we are actively supporting their fight to change the face of white collar crime in Canada. Today, Joey Davis, from the Earl Jones Victims Committee, hand delivered a letter from on behalf of our group to Justice Minister Rob Nicholson (read the letter here). He will also be hand delivering a similar letter to Finance Minister Jim Flaherty on Tuesday. Joey Davis and his team have been instrumental in our cause over the last week, and we owe them a debt of gratitude for their support. We will be supporting their cause and their creation of the Canadian Foundation for Coalition Against White Collar Crime. Please do your part by sending a similar letter to your member of parliament.

Today, I was present in court for the CCAA proceedings and a number of other alleged investment victims also attended. Mr. David McLelland attended the hearing to represent us on behalf of Mr. John Blair as Mr. McLelland has expertise with regards to CCAA proceedings. A summary and statement from BLG regarding today’s hearing can be found here. Also, the first Ernst & Young report was emailed out to everyone this morning. In case you missed it – its also posted on the blog this morning. The next hearing date is October 2, 2009 @ 9am - mark your calendars!

On Wednesday, September 2nd, the RCMP officially announced that they are investigating Shire and its business dealings. We are thankful for the investigation and look forward to any future criminal charges that could be laid as a result of the investigation.

Other initiatives that have increased awareness of our cause are:

1. New Facebook Group: http://www.facebook.com/search/?q=swindled&init=quick#/group.php?gid=126788564322&ref=search&sid=522696999.3222755506..1

2. Media Coverage by CBC Radio, TV and web news.

3. Formation of the Shire Victims Committee: The committee will allow us to move forward with better representation of all investment victims’ interests and also additional manpower to continue our fight.

4. More investment victims are joining the class action lawsuit and the victims group. We have strength in numbers and those numbers continue to grow.

What can you do to help further our cause??
  1. Join the class action lawsuit.
  2. Write to your member of parliament to support changes to protect our group and all Canadians from white collar crime. If you don’t know who your MP is, please visit: http://www2.parl.gc.ca/Parlinfo/Compilations/HouseOfCommons/MemberByPostalCode.aspx?Menu=HOC
  3. Join our Facebook page to further raise awareness of our cause.
Should you have any questions regarding the events this week or any others, please don’t hesitate to call or email.
Have a fabulous long weekend!!

First CCAA Report...

Here is the first CCAA Report from Ernst & Young as well as the Notice of Motion and Cleone Couch's Affidavit from today's hearing.

Additional information can be found on the Ernst & Young website at: http://www.ey.com/ca/shire

Thursday, September 3, 2009

Calgary CBC TV News Coverage...

Please watch Calgary CBC TV News tonight from 5-6:30pm for our story. Our story should air approximately 6pm, but it could change so be sure to catch the entire news cast!

Read the story here:
http://www.cbc.ca/canada/calgary/story/2009/09/03/calgary-shire-international.html

Off To Court... Join Me If You Can...

A hearing in the matter of the CCAA and Shire et al. (Action No. 0901-11866) will take place:

Friday, September 4th at 9:00am at:

Calgary Courts Centre
601 - 5 Street S.W.
Calgary, AB T2P 5P7

The proceedings are open to the public if you wish to attend. While we don’t expect the proceedings to be particularly dynamic and exciting, you do have the right to attend. Please note that investors will not be able to speak at the proceedings, only attend as a part of the general public. I will be present and will also be available afterwards outside the Court Centre for comments and questions by investment victims and the media.

A note regarding security at the Calgary Courts Centre: There is immense security at the Courts Centre, please come early to ensure that you can clear security prior to the hearing. After the public goes through security, there are electronic lists on the wall notifying the action number, name (In the matter of the CCAA and Shire et al.) and courtroom.

Now on Facebook...

Please join our new Facebook page!

Wednesday, September 2, 2009

CBC Radio News Coverage...

Please tune into CBC Radio News tomorrow morning at 6:30am, 7:30am, or 8:30am. CBC Radio News will be covering our story!!

There Is No *I* In Team...

On Monday night, a committee of Shire investment victims met for the first time. The committee is composed of Shire investment victims who have joined the class action claim and are as committed to championing our cause as I have been.

The purpose of the committee is to ensure that utmost efforts are continually being made to bring the full force of the regulatory, legal, political, and media channels to bear on our situation and recover our money. However their role is not to provide advice or opinion on individual situations and circumstances you may be facing as a result of your investment in Shire.

Our committee members are: Suzanne, Lucia, Patrick, Mark, Rob, Carolynn and Devin. The expertise within the committee includes investment, mortgage financing, fundraising, economic, management, and legal backgrounds.
You may be hearing from members of our committee by telephone over the coming days or weeks.