17 MONTHS AND COUNTING….COWARDS AT BC SECURITIES COMMISSION REMAIN MUTE!

For 17 months now I have been posting in this blog – some of the posting have been direct and to the point.   I have challenged staff at the BCSC to refute anything they have read, I have reached out and tried to contact staff at the BCSC and challenged them to answer very simple questions.  We have even had some of the former investors contact the BCSC and and the cowards running their offices will not even respect these requests.    We have posted some very unflattering things about BCSC Chair Brenda Leong, Staff Litigators Olubode Fagbamiye and C. Paige Leggat, the complete failures of Lead Investigator Elizabeth “Liz” Chan, and the actions of other BCSC Staff including Colette Colter, Alan Keats, Peter Brady and Paul Bourque.    And yet through it all, they have remained completely silent.  They have not even had there very expensive legal representatives contact me to have me take down this blog…

Why?    Because everything I am saying is accurate and they do NOT want to challenge me in a real courtroom.   They truly are run by a group of misfits that do not have the best interests of investors at heart – despite this being part of their mandate.

We have recently been in contact with another group that was railroaded by the BCSC and their story is even worse than ours – stayed tuned for more!

 BCSC Chair Brenda Leong

Executive Director Paul Bourque (Former)

    C. Paige Leggat

 Elizabeth “Liz” Chan

 Executive Director Peter Brady

DID “GUTLESS” LAWYERS C PAIGE LEGGAT AND OLUBODE FAGBAMIYE MANIPULATE EVIDENCE?

At the conclusion of the hearing, the Panel Chair instructed both parties to complete Written Submission on Liability.  These documents argued the points brought up during the hearing and gave the parties the ability to prove (or disprove) the allegations brought forward in the Notice of Hearing.

One of the key documents involved in the hearing was the Offering Memorandum(s) (“OM’s”) used by the Respondents to raise capital.  For those that invested with the Respondents, you will remember this document as one you were given at the time you invested.    The BCSC (and other securities jurisdictions) allow an OM Exemption when raising capital in the securities market.

On May 16, 2014, the Respondents received the Executive Directors Submissions on Liability and began reviewing the points brought forward by Staff.  We read them from cover to cover a couple of different times and soon noticed something very particular….

Unfortunately, at paragraph #10 of their submissions, Staff resorted to physically changing the appearance of the document.   We feel they did this to suite their theory (and main allegation) that the Respondents did not forward the MAJORITY of the funds to the Developer.   This was the big $5.45 million fraud allegation that was ultimately dismissed by the Panel.   Let’s take a look at paragraph #10 as it appears in their submissions….

Staff's Submission on Liability - paragraph 10And now, for those of you that don’t have the FCC or DCF Offering Memorandums in front of you, this is how the document looked – keep in mind this document was relied upon at all times to raise capital for the projects, and Staff were suppose to have the onus of proving the case as alleged in the Notice of Hearing:

FCC OM's as they Actually Appear Continue reading DID “GUTLESS” LAWYERS C PAIGE LEGGAT AND OLUBODE FAGBAMIYE MANIPULATE EVIDENCE?

IS BCSC CHAIR BRENDA LEONG (AND HER ENTIRE STAFF) COWARDS?

To all Staff of the BCSC!

15 days ago I issued a challenge to a very quiet BCSC Chair Brenda Leong or ANY one of her spineless employees to answer some VERY direct questions including:

“Why isn’t one of the most powerful government agencies in BC, with unlimited funds to fight legal battles, suing us for defamation?  After sending out letters from your lawyer to Peter Harris and Christopher Burke – Why are you not suing them for defamation after threatening to do so?”    

We then issued 3 FORMAL CHALLENGES directly to you:

CHALLENGE #1:   WE CHALLENGED YOU TO HAVE YOUR FLASHY LAWYERS  SEND US A LETTER DEMANDING WE SHUT DOWN OUR BLOG FOR BEING INACCURATE AND/OR SLANDEROUS;  

CHALLENGE #2:   WE CHALLENGED YOU TO SUE US FOR DEFAMATION/LIBEL IF FOR ONE MOMENT OUR ALLEGATION OF BCSC STAFF ACTING IN BAD FAITH (WHEN MANIPULATING EVIDENCE IN THE PROCEEDINGS AGAINST US) IS NOT TRUE;

CHALLENGE #3:   FINALLY, WE CHALLENGED YOU TO FORMALLY ADDRESS THE SETTLEMENT PROPOSAL (AS OUTLINED EARLIER IN THIS BLOG) THAT THE FCC AND DCF INVESTORS WOULD HAVE BENEFITED FROM. 

We concluded at the end of the post that failing to reply back would lead to assumptions that the allegations we made against you to be VALID and NON-CONTESTED.

WE HAVE HAD NOTHING – COMPLETE AND UDDER SILENCE FROM THE BCSC! 

Since we posted that blog post 14 days ago, we have discovered that Senior Investigator Elizabeth Chan was no longer employed by the BCSC as of April, 2014.    This is the same Invesigator Chan that spoke to many of the former investors in both FCC and DCF.    This is the same Investigator Chan that admitted on the stand during the hearing that she assumed evidence to be true during her investigation into our companies.  This is the same Investigator Chan that prepared summary “grade 2” calculations that the Executive Director (Paul Bourque) relied upon when bringing allegations of a $5.45 million fraud against Wharram and his companies.   This is the same Investigator Chan who sent emails to several of the former investors (BEFORE we got a day in court) pointing them to look at a bogus press release that was simply NOT true – that caused many of you to turn your back on Wharram.   This is the same Investigator Chan who worked directly with Staff Litigator C. Paige Leggat in bringing their bogus case to a hearing room.

Now back to the DATE that Investigator Chan ceased being employed by the BCSC – our sources confirm she was done in April 2014.    Do any of you remember when the hearing was?   It was April 7 – 16, 2014.     Elizabeth Chan ceased working for the BCSC in the same month as our hearing!    It is NOT hard to connect the dots here:

Paige Leggat

STAFF LITIGATOR C. PAIGE LEGGAT – Resigned/Terminated in November 2014

paul-bourque

EXECUTIVE DIRECTOR PAUL BOURQUE – Resigned/Terminated in June 2016

teresa-mitchell-banks

TERESA MITCHELL-BANKS – Terminated in November 2015

INVESTIGATOR ELIZABETH CHAN – Resigned/Terminated in April 2014

It is NOT far fetched to believe that after the $5.45 million fraud allegation was essentially thrown out for LACK OF COMPELLING EVIDENCE – that the “higher ups” at the Commission were pissed off at the people completed the work.   And remember their case was blown out of the water by Wharram who had never set foot in a hearing room before and had NO legal assistance.   These paid professionals definitely had egg on their face as their case was VERY poorly investigated and tried in the hearing room.

NOW THINK ABOUT THIS FOR A MOMENT – These are the 4 KEY PEOPLE that worked (or made MAJOR decisions on our matter) – whom have all been terminated or have resigned.   This is a disgrace at a very high level.

To ALL Former Investors – read between the lines here – these people are the ones that did not even look at the Settlement Offer that would have seen you participate in the Deercrest project – and NONE of then are currently working at the BCSC.   The Deercrest property is a complete success with all units sold for very high numbers.   The owners are making money.   You would have made money!

And now we have these complete incompetent bozo’s at the Commission not responding to repeatedly requests for answers as to why they have conducted themselves this way!   As I have said in other posts in this blog – you, as a former investors in FCC or DCF, have a right to these answers.  They cannot ignore ALL of us or put us off forever.   These people are NOT above the law and will NOT be able to hide behind the flimsy BC Securities Act forever.

Please contact them and ask them these five questions – do NOT take NO for an answer:

bcsc-5-questions

Thank you ALL for your support!  We sincerely appreciate the kind words and encouragement.

Regards,

RW

 

QUESTIONS FOR THE EXECUTIVE DIRECTOR OF THE BCSC!

We have been contacted by former investors of FCC and DCF and have been asked questions regarding the Settlement that was presented to the Staff Litigators.    They want to know why the Settlement Offer we talk about earlier in this blog was not accepted by the BCSC – and why Staff insisted that the only way they would allow a Settlement to occur was IF we agreed to ALL the allegations in the Notice of Hearing, issued on June 14, 2013….and then agreed to pay nearly $6 million in fines and restitution.    The lawyer who made these statements was C. Paige Leggat – a simple $100,000 a year lawyer who resigned after we alleged they manipulated the main document in the hearing.

To all of you that have made contact with us – please call or email the Executive Director of the BCSC at the number/email located below and ask them these 5 questions:    bcsc-5-questions

It is time these people answer why the investors are not currently receiving money from the development of the Deercrest Townhomes.  You are entitled to answers from these people!   They are public servants!

deercrest-unit

Deercrest Unit in 2016

DID BCSC STAFF LAWYERS C. PAIGE LEGGAT AND OLUBODE FAGBAMIYE MANIPULATE EVIDENCE?

At the conclusion of the hearing, the Panel Chair instructed both parties to complete Written Submission on Liability.  These documents argued the points brought up during the hearing and gave the parties the ability to prove (or disprove) the allegations brought forward in the Notice of Hearing.

One of the key documents involved in the hearing was the Offering Memorandum(s) (“OM’s”) used by the Respondents to raise capital.  For those that invested with the Respondents, you will remember this document as one you were given at the time you invested.    The BCSC (and other securities jurisdictions) allow an OM Exemption when raising capital in the securities market.

On May 16, 2014, the Respondents received the Executive Directors Submissions on Liability and began reviewing the points brought forward by Staff.  We read them from cover to cover a couple of different times and soon noticed something very particular….

Unfortunately, at paragraph #10 of their submissions, Staff resorted to physically changing the appearance of the document.   We feel they did this to suite their theory (and main allegation) that the Respondents did not forward the MAJORITY of the funds to the Developer.   This was the big $5.45 million fraud allegation that was ultimately dismissed by the Panel.   Let’s take a look at paragraph #10 as it appears in their submissions….

Staff's Submission on Liability - paragraph 10And now, for those of you that don’t have the FCC or DCF Offering Memorandums in front of you, this is how the document looked – keep in mind this document was relied upon at all times to raise capital for the projects, and Staff were suppose to have the onus of proving the case as alleged in the Notice of Hearing:

FCC OM's as they Actually Appear Continue reading DID BCSC STAFF LAWYERS C. PAIGE LEGGAT AND OLUBODE FAGBAMIYE MANIPULATE EVIDENCE?

FOI REQUEST PROVES OUR BIGGEST FEAR

On May 11, 2016, we sent a letter to BCSC Chair BRENDA LEONG and requested she provide (to us) any correspondence between her Staff Litigators (C. Paige Leggat and Olubode Fagbamiye) and the Executive Director ( Paul Bourque ) regarding the Settlement Offer we were trying to bring forward that would possibly have brought funds back to the former investors in FCC and DCF.

As you see in this letter FOI Request #1617-0005 – Reply from BCSC – June 16, 2016.pub , Ms. Leong indicates there are no records matching my request.   We don’t even want to begin to understand why there would be NO correspondence between lawyers/clients when millions of dollars could have been at stake for the investors – how is this even possible??

Not having internal correspondence between relevant parties (considering what was at stake for the former investors) reeks of unprofessionalism by Staff and certainly does not give any confidence they truly had the best interest of the investors during all relevant times.  

That being said, Leong is either lying or (for whatever reason) there truly are NO records of correspondence between her star lawyers and their higher ups.   Either way, this translates into a huge problem for the BCSC.    Here’s why….

Assuming she is not lying, as per the Code of Ethic’s on the  Law Society of British Columbia’s website , a lawyer must present ANY settlement offer it is presented to their client to avoid hearing.  Staff DID NOT do this as they have admitted this in letters to the Respondents.   In a file of this magnitude, and with the numerous attempts by us to settle – there is not one internal document related to the settlement offer that was presented?   We truly find this hard to believe but if true – these are the people that are “protecting the capital markets in BC”???    Time for a WAKE UP CALL BRITISH COLUMBIA!!

And if she is lying then this becomes a bigger problem as she has been appointed to that position by elected government officials – more than likely Finance Minister Michael De jong or Premier Christy Clark.

In the first scenario above, we have the facts:

  • The Respondents submitted a Settlement Offer to the Commission on November 7, 2013 – Staff did not respond until December 30, 2013.
  • When  Staff did reply, they stated they had NOT taken the Settlement Offer to the Executive Director and would only do so IF we plead guilty to ALL allegations AND paid approximately $5.8 million in fines and disgorgement.
  • As of June 16, 2016, we now have it in writing that there in NO communications whatsoever between Staff and the Executive Director with respect to any discussion regarding the Settlement Offer.

As we were preparing this latest blog post – something remarkable just became VERY apparent….what is happening down at the BCSC???

Paige Leggat  (Source: mypersonaltrainervancouver.com)

C.Paige Leggat – Staff Litigator                                                                              RESIGNED OR TERMINATED IN 2014

teresa-mitchell-banks    (Source: mingpaocanada.com)

Teresa Mitchell-Banks  – Director of Enforcement                                          RESIGNED OR TERMINATED IN 2015

paul-bourque         (Source: cbc.ca)

Paul C. Bourque –  Executive Director                                                                  RESIGNED IN 2016

These are the 3 major parties that would have been responsible for negotiating, accepting or denying the settlement agreement WITH the investor in mind.

PLEASE….FORMER INVESTORS IN FCC AND DCF – HELP US GET TO THE BOTTOM OF THIS.   AGAIN, THIS SETTLEMENT OFFER WAS NOT EVEN PRESENTED TO THE ONLY PERSON THAT COULD HAVE ACCEPTED IT ON YOUR BEHALF!      

******CONTACT THE BCSC AND FIND OUT WHY!******

604-899-5600 or email them at: inquiries@bcsc.bc.ca 

IF THEY DON’T ANSWER YOU, GO ABOVE THEIR HEADS AND CONTACT YOUR LOCAL MLA OR OTHER GOVERNMENT OFFICIAL!  ITS VITAL!