RESPONDENT CHALLENGES BC SECURITIES COMMISSION TO TAKE HIM TO COURT!

TO:  ALL STAFF AT THE BCSC

On May 18, 2016, and every day since that we have written on this blog, we have challenged you to answer simple questions regarding the matter we had before the BCSC.   To date, NOT one of you have bothered to reply, or even defend our allegations against the BCSC Staff.   For that, one could say you are very spineless and act without merit and we think you should all be ashamed of yourselves.

The BCSC appears to have two sets of rules and will only reply to something that supports their set agenda.   In addition, it appears they have the newspaper reporters in their pockets because not one of the slimy writers will write a story against the “government machine” in fear of wrinkling the wrong feathers.  They had NO problem reporting on day 1 of our hearing when the case was presented by the BCSC, reported a very biased one-sided story and did not cover the balance of the hearing when we presented our case and had 94% of the allegations (dollar amount) thrown out by the Panel.   

To ANYONE who doubts what is being said in this blog and that we are not telling the truth, we say this….

“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?”    

In our opinion, there are 2 reasons for them cowering up and putting their heads in the sand:

1.  They are not able to sue for Libel/Defamation because we are not saying anything that is not true.  Our blog posts contain facts and have not exaggerated the events or allegations made against their Staff.  We have merely presented questions to the grossly incompetent BCSC Chair Brenda Leong and the person who appointed her, Premier Christy Clark.  Neither of these women will respond to our repeated request.  Items like BCSC staff manipulating evidence, not presenting the settlement offer, and the BCSC staff bringing assumptions into the hearing room ARE factually correct.  The have no reply because they have NO defense.     

2. Secondly, they do not want to argue against us, offer us another hearing, or answer our simple questions because they know the moment they do – they will be incriminating themselves and going down a road they definitely do not want to take.   THEY DO NOT WANT THE TRUTH TO COME OUT IN A REAL COURTROOM.   It would appear they don’t want to step outside their domain and have a real judge (outside of their precious Kangaroo Court) telling the world what is happening within their walls.  They will not answer Former Investors questions as to why they did not accept the Settlement Offer because they know the former investors will NOT like their answers and more than likely sue them for acting in bad faith.  And don’t forget (as posted earlier in this blog), we applied, through a Freedom of Information request, all correspondence from staff litigators to/from the Executive Director with respect to the Settlement Offer.    There was NOTHING – these bozo’s (Staff Litigators Olubode Fagbamiye / C. Paige Leggat and Executive Director Paul Bourque) didn’t even have a discussion with one another regarding the investors opportunity to recoup some (if not all) of their funds!   Incompetent!   

Now, we will issue you three FORMAL CHALLENGES:

CHALLENGE #1:   WE CHALLENGE 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 CHALLENGE 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 CHALLENGE YOU TO FORMALLY ADDRESS THE SETTLEMENT PROPOSAL (AS OUTLINED EARLIER IN THIS BLOG) THAT THE FCC AND DCF INVESTORS WOULD HAVE BENEFITED FROM. 

IF YOU IGNORE US OR DO NOT HAVE YOUR COUNCIL COMMENCE LEGAL PROCEEDINGS AGAINST US IN THE NEXT 14 DAYS – WE WILL ASSUME THE ALLEGATIONS WE HAVE MADE AGAINST YOU TO BE VALID AND TO BE NON-CONTESTED.  WE WILL PUBLISH YOUR RESPONSE (OR LACK OF) IN THIS BLOG 15 DAYS FROM NOW.  

 We are begging for you to finally act – it has been 266 days (and counting) since my blog started and you have all had your head in the sand.   It his time people hear the truth.   We want to go to court against you so we can start the process of people hearing the truth consisting a facts and not some slanderous, biased press release issued by your incompetent staff, followed up by being rail-roaded by your inept lawyers in the hearing itself, and then having employees that work in the same office as the litigators making a decision as some “independent” panel.    Don’t forget, we have have a witness  (brought in to testify FOR the BCSC) agreeing with our side; and the Panel still found that Staff proved this allegation.   It is easy to conclude you people are all incompetent and possibly corrupt!

This is a telling time – the people are waking up and standing up to government agencies all over the World – specifically ones that appear to be corrupt!    The BCSC is an agency that desperately needs an overhaul.  It (like many of the agencies Clark’s government has touched) appears to be tainted.

Eagerly awaiting your reply Brenda Leong!   When are you going to wake up from that deep slumber?   How do you justify taking that $500,000 per year in salary when you don’t do your job?   And finally, how can you not support your shitty staff when people are accusing them of wrongdoing?   Spineless?  How do you think your staff truly feel about you abandoning them?   Word on the street is that many of your staff cannot stand you – and think you are in far over your head in the competence department!

We couldn’t agree more….

ELIZABETH CHAN CGA OF VANCOUVER, BC – THE GREAT WHODINI?

What can only be described as BIZARRE, we have recently came across some of the craziest information thus far into our exposure of the Staff at the BCSC…

Last week, we decided to lodge a formal complaint with the Ethics Commissioner of the Certified Professional Accounts of British Columbia (“CPABC”) with respect to Elizabeth Chan’s actions (or lack of actions) in her role as the lead investigator in our matter.  It is our opinion that she was the person that completed a significant portion of the accounting in which other Staff (including Executive Director Paul Bourque) relied upon when bringing the allegations of the $5.45 million fraud.    Her math was horrendous and was proven to be in the hearing room as the Panel threw out some 94% of it in their decision.

Investigator Chan WAS a Certified General Accountant (“CGA”) at the time and they are held to what appears to by a very high level.   A simple review of the Chartered Professional Accountants Act / CPA Code of Professional Conduct (the “Act”) we easily find:

cga-code-of-professional-conduct-aug-2016

Our assertion is that Investigator Chan knew (or ought to have known) that she was giving her superiors the wrong information when the brought allegations (in the exact dollar amount) that she prepared.   She admitted on the stand that she was the one who prepared the documents presented at the hearing – she had to have known they were “false or misleading”.   We think Investigator Chan is the scumbag that intentionally brought wrong information that formed the allegation of the $5.45 million fraud.

In cross-examination, she admitted several times to knowing of other key information that she neglected (or simply omitted) from the work she prepared.  According to the Act (in which she MUST adhere to) she is in complete breach of the Act.

Now, this is where the story gets truly bizarre!   When we were researching and trying to determine where we could lodge our complaint of Investigator Chan we came across a document on the internet titled “2014-2015 Report to the Public” that was prepared by the CPABC.   By clicking on the link above you will see on page 11 (under the complaints section) the name of Liz Chan and Ed Tanaka.   Liz Chan is designated as a Director, Ethics and Mr. Tanaka is designated as a Director, Ethics & Documentation.

On September 24, 2016, we sent the complaint letter ( letter-to-cpabc-elizabeth-chan-redacted ) to their office for their review and comment.   Only a few days later, we found out that the complaint officer Liz Chan is none other than the Elizabeth Chan (from the BCSC) who we were lodging our complaint about.   We came across Liz Chan’s bio in another publication  and can confirm this is her from the picture and the wording of the bio.

bcsc-liz-chanSource: Joomag.com

So, we now have a complaint into an office where Liz Chan works about a Elizabeth Chan who use to work at the BCSC?   We can’t make this stuff up!   We followed up with a phone call to the CPABC offices and the receptionist indicated she had never heard of an Liz Chan (or even an Elizabeth Chan) in that office.   From what we can tell Chan started working at the CPABC office in April 2014 (the same month as our hearing) and was terminated/or quit sometime thereafter – many months ago.  By reviewing the member look-up option on their site, we can see that Chan still holds her designation as a CGA in the Province of BC.

We did receive an email from a Nancy Lis (from the CPABC office) indicating she did receive our complaint and will formally respond this coming week.   We very much look forward to hearing back from them and to see if they are going to go after one of their own.

As the World Turns down at the Commission – as we said yesterday, why the mass exodus from the Commission?   This is the 4th person that had a part in bringing the false allegations of a $5.45 million fraud against the Respondents that has been fired or resigned from the BCSC.  If it looks like a rat….smells like a rat…it is more than likely a rat!

One theory, is that the superiors at the BCSC were outraged by the work of Chan that lead to a $5.45 million fraud being unproven by a Respondent that did not even have a lawyer.   They spent A LOT of time and money on bringing the case to hearing and did not get their big fancy $20 million in fines and restitution – somebody had to take a fall and why not the person who had conduct on the file??

We need answers – and they cannot come quick enough!  But in the meantime, we can’t help but wonder why Elizabeth Chan or Liz Chan (or whatever she decides to call herself this time) cannot seem to keep a job…and we certainly wonder how she will act when she cannot hide behind the power of her badge any longer….

EDIT NOTE:  Since we wrote the blog on November 3, 2016, sources confirm Ms. Chan left the CPABC offices in August of 2015.  Where she works currently remains a mystery!  

 

 

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