Private Sector Act dot Com

[sue123]

By the way their domain name is PUBLIC INFORMATION
not breaking any laws here, anybody can find this out.

Business internet address and domain for www.freelistcalgary.com;
Registrant: Free List Calgary 229-46 Glamis Green SW Calgary, Alberta t3e 6v1 Canada
(this property was bogus and actually listed FOR SALE at the time I researched this).

Domain Administrative Contact: Kumar, Kevim kumar.kevin@gmail.com Free List Calgary 229-46 Glamis Green SW Calgary, Alberta t3e 6v1 Canada 403-479-2625

[Hilfskreuzer Möwe]

exposefraud and sue123 - welcome to Quatloos and thank you for the information you have posted. sue123; I also want to express my great appreciation for your obvious care and determination that these conmen be stopped.

I have thought about what you have reported. I have been hoping for steps from the authorities to address this ongoing fraud, and also have been disappointed by the apparent lack of action.

sue123, I have a number of suggestions, and I think you are well positioned to perhaps act on some of these.

The first is that the Alberta government is, at present, very sensitive to OPCA litigants, more commonly called Freemen-on-the-Land by both politicians and the media. If you are unfamiliar with the OPCA term (Organized Pseudolegal Commercial Argument), you may want to read the judgment where that term was coined, Meads v. Meads, 2012 ABQB 571 (http://canlii.ca/t/fsvjq); that may provide some helpful context.

I suggest you contact your MLA, the Minister of Services Alberta, Manmeet Bhullar, and the Alberta Minister of Justice, Jonathan Denis. Both those Ministers have made public statements that they are determined that the Alberta government take effective measures, including amendment of legislation, to better counter Freeman-on-the-Land tactics used to abuse Albertans.

The Land Titles Registry, which you indicate is being exploited by Johnson, is a subdivision of the Services Alberta Ministry.

I stress that it is important in your communication with these officials to use the "Freeman-on-the-Land" terminology. As I noted, this is a very sore spot for these politicians - and they also know that the public overwhelmingly loathes Freemen - so direct action is going to have public support.

When you describe Derek Johnson and Ty Griffiths/Kevin Kumar, make certain you point to these items:

• the privatesectoract.com website
  
  Scotia Mortgage Corporation v. Gutierrez, 2012 ABQB 683: http://canlii.ca/t/ftq8h
  
  1158997 Alberta Inc v Maple Trust Company, 2013 ABQB 483: http://canlii.ca/t/g0bdl

I think it is entirely fair to characterize Johnson/Kumar as OPCA litigants given their actions and comments online. You may want to stress that the letter recipients read the transcripts posted on the privatesectoract.com website, since those clearly show Johnson engaging in Freeman-type arguments and tactics.

These two have made themselves very vulnerable in the current political climate in Canada by their OPCA strategies. Might as well exploit that!

I have a couple other suggestions - but I recommend you try the politicians first. One option is to contact the Alberta Government Ombudsman (http://www.ombudsman.ab.ca/). You may wish to raise the "Kiting Land Titles" strategy with the Land Titles Registry itself (http://www.servicealberta.gov.ab.ca/landtitles.cfm). I am quite certain that office has seen its fair share of OPCA-based fraudulent land titles registrations, particularly liens. You may find them able to help.

Now there is the heavy artillery - in Canada it is possible for an ordinary citizen to initiate a criminal proceeding via Criminal Code, s. 504 (http://canlii.ca/t/7vf2). The key criteria is that the target person is in Alberta, or has engaged in illegal activity in Alberta, and has engaged in either a serious offence (and "indictable offence"), or has property that is stolen or was obtained illegally.

The Crown Prosecutors are then the ones who decide whether or not to carry that criminal action further - but you have the right to start the process.

If you decide to investigate this option (but go with the politicians first!) then I strongly suggest you contact a lawyer who works in criminal law to assist you in using the s. 504 procedure.

Good luck. I hope these observations/suggestions are of help. I am terribly sorry to hear that you and others have been and continue to be abused by these persons.

SMS Möwe

[s369836]

Kevin Kumar is Ty Griffiths. He and Derek Johnson work together in the network Joe Rheal Estate. Kevin used to live in Calgary. He now resides in Vernon, BC, Canada.

[s369836]

I would be leery of any Joe Rheal Estate transaction. It's very suspect network with poor business practices.

[Hilfskreuzer Möwe]

Something is going on with the Private Sector Act twits. On their homepage they have been posting notices throughout July, 2014 with their usual lovely hyperbolic manner:

EMERGENCY CALL TO ACTION
Monday July 14/2014

R.E.C.A. Agents are now hunting down Private Real Estate Buyers and Sellers and even showing up at your private residence here in Calgary if you are buying or selling Real Estate. They are even being directed to obtain access into your home and follow a scripted interrogation about your personal business.

Should this happen to you, DO NOT CONSENT, ask them politely to leave, and contact us immediately for assistance.

...

We have an EMERGENCY that everyone needs to be aware of in the private sector to ensure we are acting in opposition to the aggressive and hostile actions taken by the Real Estate Council of Alberta.

Just a few weeks ago, their self-governing group which is responsible for governing their own people (Realtors / Mortgage Brokers) showed up at a private individuals personal residence and demanded entry to answer questions regarding him selling one of his own homes. He reluctantly allowed this person in his home, and was soon asked personal questions in an interrogation fashion making threats that he could be fined thousands of dollars for not cooperating with R.E.C.A. and submitting to their authority.

We have been getting numerous complaints from many others who are being threatened and even extorted money from in order to continue making a living in the industry here in Alberta in our own community. Their website (reca.ca) posts up their own people whom they "fine" and punish for not cooperating with them.

Lately though, they have been stepping out of their bounds and hunting down private people whom have not signed contracts or agreements with R.E.C.A. in order to consent to be governed.

This is unacceptable and against our fundamental right to participate in contract in an industry all can participate in.

It is time for ALL the people in the private sector to stand up to these people who are, and have ruined many people making an honest living in Real Estate buying and selling homes.

They are presenting themselves as a government authority when they are a "self-governing" body as outlined clearly on their website.

...

We have an Activism Opportunity for you to get involved in and HELP STOP Large Institutions and Corporations from stomping right over the average Canadian.

The Realtor Governing Body "The Real Estate Council Of Alberta" (R.E.C.A.) is only allowed to govern the Real Estate activities of Realtors. They are now attempting to force Canadian Homeowners to use ONLY Realtors to sell their homes and pay thousands of dollars in commissions.

The Real Estate Council Of Alberta have gone as far as slandering many Private Businesses who can sell houses for much less than Realtor Commissions.

And of course there's a video with "Ty" doing his usual routine:

• RECA: ep1: https://www.youtube.com/watch?v=y0sgeN3TiEU#t=134

In brief, the Real Estate Counsel of Alberta only has jurisdiction if you consent to its jurisdiction. It's against the right to contract to inhibit or regulate realtor-ish activities. There's not really anything else in the video. More blah blah blah.

On July 30, 2014 there's an update:

NEWS UPDATE:
Wednesday July 30/2014

Attention to everyone in the Canadian Real Estate Community:
Tricia Hickey, the main R.E.C.A. investigator in the Calgary Office has been caught committing Human RIghts Violations again.

R.E.C.A. believes they are owed $50,000 in two make-believe "penalties" now to another member of the real estate community.

Considering the fact that we are/have been acting as agents for this person and have not received any communication leading up to this from Mrs. Hickey, when she is well aware of her duty when there is an agency assignment, we are going to have a difficult time taking her phony notices and demands seriously. How can they expect anyone other than those they govern to take them serious when they cannot even provide for due process and communicate with chosen agents and answer simple questions?

Keep in mind that R.E.C.A. has been using an agent/lawyer (Dan Carroll) to communicate on their behalf so what makes her believe they don't have to respect those same fundamental rights?

Do you folks wonder why these "penalties" are not handled in the Court of Queens Bench of Alberta but rather at the R.E.C.A. corporate office?

Answer: Because it is a fictitious "penalty" that has power only over Realtors who need access to the MLS system, but not to anyone else since this is not a real fine/penalty that has any standing in a Court of Law.

That is why R.E.C.A. CANNOT ENFORCE COLLECTIONS OF THESE MAKE BELIEVE "PENALTIES".

R.E.C.A. is NOT ALLOWED TO COLLECT money from a REALTOR or Mortgage Broker that LEAVES the organization in the face of their extortion tactics. It would be considered harassment and extortion in a real court of law, since once you leave their organization you are no longer under contract as an employee that can be governed by them.

S369836 passed along a nice little tidbit concerning Joe Rheal Estate (http://joerhealestate.com/) which is clearly another facet of the Private Sector Act dot Com scam. Common material, and the same god-awful web and video design unique to this scam. One option on "Joe Rheal' is to "obtain a real estate licence". Click on that, and you are directed to Private Sector Act dot Com (http://privatesectoract.com/realestatelicense) and a very limited information page which invites you to submit your email and join the "Canadian Investar Real Estate Association - C.I.R.E.A. for a Canadian Real Estate Licence":

We are a Human Rights Activist site. Any license we issue is governed by the people for the people... We take our Real Estate License very seriously.

Apparently so does the Real Estate Council of Alberta.

SMS Möwe

[notorial dissent]

OK, I think I see at least what part of this is, but the rest doesn't make a whole lot of sense.

Could you please translate from the Canadian, since most of us aren't, and aren't familiar with the real estate laws and practices there, or what exactly is happening here.

[arayder]

. . .Could you please translate from the Canadian, since most of us aren't, and aren't familiar with the real estate laws and practices there, or what exactly is happening here.

I think it boils down to freemanism meets real estate law.

[grixit]

My theory: Canada, like the US, requires some sort of license to sell real estate as a business and those who are licensed have a professional organization. Someone devised a scam to abuse the general exception that you can sell your own property without being licensed. So they find someone who's attracted by them charging a lower cut than a licensed professional and have that person make some sort of paper transfer so that the scammer can say, "this is my house, i am selling it as a private person". Naturally, the professional organization gets annoyed. Now to what extent the professional organization has authority to do investigations and so forth, i have no idea. I suspect i might even agree on principle that it has too much authority. I also suspect that the "confrontations" cited were somewhat less confrontational and threatening than described. However, even accepting the worst, this is not the way to redress the situation. Plus, i wouldn't want to put any of my financial or property interests in the hands of people that use such tactics.

Oh, also, they seem to be implying that people who are merely trying to sell one house that they truly own will get the same kind of hassle that they are.

[notorial dissent]

Part of the reason I was asking Möwe the question, was one, it really doesn't translate well from the Canadian, and two, I feel like I'm missing a chapter or an episode or two here. There has to have been something going on before hand to get the real estate society's collective knickers in a twist and I'd like to know what it was. I think Grixit is probably right, that was what jumped to my mind when I read it, but I'd really like to know though.

[Hilfskreuzer Möwe]

Derek's wrongdoing is documented here:

• http://www.reca.ca/consumers/complaints ... -Admin.pdf
  
  http://www.reca.ca/consumers/complaints ... -Admin.pdf
  
  http://www.reca.ca/consumers/complaints ... min(1).pdf

The latter two links are to two recent disciplinary decisions where Johnson was fined $25,000 in each case for pretending to be a mortgage broker. He had not been licenced to do so by the Real Estate Council of Alberta. So yes, it's a business where you may only operate if you have the appropriate certification.

That's what the Private Sector Act guys are complaining about - people interfering with their right to contract.

Now a bit about those links. I'm finding that the second and third documents are sometimes displaying in a weird 'greyed out' manner where the text is not visible. Other times they do display properly. No idea what that's about.

SMS Möwe

[notorial dissent]

So how are these yoyos pretending to be mortgage brokers when I seriously doubt that they could find bus fare?

I can definitely understand why the real estate council would be upset about that, adn now it makes a good deal more sense.

Actually it is a bit more complicated than pretending to be a mortgage broker, he was renting and or trying to sell property he not only didn't own, but had no right to either rent or sell, or in the common parlance, fraud.

What I do not understand is why a straight fraud warrant was not sworn out for his arrest and for him to have been criminally prosecuted, since that is what he was doing.

[Dezcad]

Derek's wrongdoing is documented here:

• http://www.reca.ca/consumers/complaints ... -Admin.pdf
  
  http://www.reca.ca/consumers/complaints ... -Admin.pdf
  
  http://www.reca.ca/consumers/complaints ... min(1).pdf

The latter two links are to two recent disciplinary decisions where Johnson was fined $25,000 in each case for pretending to be a mortgage broker. He had not been licenced to do so by the Real Estate Council of Alberta. So yes, it's a business where you may only operate if you have the appropriate certification.

That's what the Private Sector Act guys are complaining about - people interfering with their right to contract.

Now a bit about those links. I'm finding that the second and third documents are sometimes displaying in a weird 'greyed out' manner where the text is not visible. Other times they do display properly. No idea what that's about.

SMS Möwe

Corrected link for your third link above - http://www.reca.ca/consumers/complaints ... 281%29.pdf

[arayder]

Bobby Menard is busy on his Facebook page trying to muddy the water over the harm caused by the fraud these freemen tried to pull off.

Readers can see that Bobby doesn't say word about how badly these frauds acted, or even whine his usual "they aren't true freeman" line.

But that's understandable. When you get down to it there isn't much difference between, like these boys, trying to rent and sell homes one doesn't own with and, like Menard, seeking donations for projects he had no real intention of attempting, much less completing.

Bobby, (we know you're reading), if you think I am being unfair you can rub my nose in the dirt by carrying through on your latest promised "project" to develop a registry of C3POs!

You can prove you're not all fez and no do, Bobby.

. . .tic. . .tic. . .tic

[JamesVincent]

So Private Sector is an internet Judge Judy?

[arayder]

Bobby Menard is busy on his Facebook page trying to muddy the water over the harm caused by the fraud these freemen tried to pull off.

Readers can see that Bobby doesn't say word about how badly these frauds acted, or even whine his usual "they aren't true freeman" line.

But that's understandable. When you get down to it there isn't much difference between, like these boys, trying to rent and sell homes one doesn't own with and, like Menard, seeking donations for projects he had no real intention of attempting, much less completing.

Bobby, (we know you're reading), if you think I am being unfair you can rub my nose in the dirt by carrying through on your latest promised "project" to develop a registry of C3POs!

You can prove you're not all fez and no do, Bobby.

. . .tic. . .tic. . .tic

So Private Sector is an internet Judge Judy?

Fez Boy's busy arguing with his older, more accomplished sister, implying he has a better way than Canadian democracy. One wonders why this self-proclaimed genius can't put his little sibling envy aside and do one thing he's promised.

We're still waiting on the C3PO registry, Bobby!

[eric]

Various people have asked exactly what methodology Johnson et al use in their scams. Here is exactly how it works. The first step is to make contact with a homeowner facing foreclosure. Johnson explains to them that he has contacts in the mortgage world. He convinces the owner to sell the house to a company known as New Age Financing/ New Century Realty represented by Kevin Manji. The original owners can stay in the house on a rent to own basis with first right of refusal to purchase eventually. Johnson claims that the proceeds of sale will be used to satisfy the original mortgage. Once he has obtained legal title the scam then has multiple variants:
1. The original mortgage holders never get paid; and:
2. Johnson simply pockets the rent money; or:
3. The house is advertised for sale and when an unsuspecting purchaser puts down a down payment, this money is simply pocketed again.
4. Sooner or later it all comes crashing down when the original mortgage holder performs eviction.

Throughout the time of his contact with the homeowner Johnson is careful to disguise his real name, etc. To a desperate homeowner the offer appears to be a dream come true and the only evidence of fraud is if Johnson is planning something so blatantly unbelievable, such as never actually paying the purchase price and satisfying the original mortgage holder that he accepts the offer.
BTW, this information is from personal experience since I was scammed by him.

[JamesVincent]

Welcome to Quatloos Eric. Wish it was under better circumstances. Do you happen to have any of the original paperwork that was used that you can post?

[eric]

The paperwork is actually valid - that's the scary part <grins>. I would have to scan it all in, but it consists of an Alberta Offer to Purchase with the condition that the homeowner stays in the property on a rent-to -own basis and first right of refusal to purchase it back. He even gets a pet Commissioner of Oaths to notarize it. Hint - almost anyone in Alberta can become a Commissioner for Oaths. As I mentioned before, it's actually a legal land transaction, assuming that Johnson was allowed to market himself as a mortgage broker, he had the permission of the original mortgage holder, and Manji was a licenced real estate agent; and most importantly, monies were actually paid out. I discovered that it was a scam when the Land Titles people phoned my wife to ensure she was aware of the transaction as part of the spousal rights process. My wife made the connection "JD on his phone caller ID" equals "John Davis, one of his aliases" equals Derek Johnson when he actually had to use his real name at the Land Titles Office. We tried to stop the transaction at that point but were late by literally only a few hours. We then immediately put a caveat on the property in my name to stop him from being able to do anything with it, sued him for the purchase price plus damages, and then resued again for return of the property plus damages. Almost six months later the title is finally back in my name and I am out roughly six grand in legal bills and I am quite sure that I will never get any monies from him, but at least the home is mine and the bank's again.

I spent a lot of time being interviewed by the Calgary Police regarding it, since something didn't smell right I made sure everything was well documented in all my meetings with the principals, including photos, descriptions, licence plate numbers, etc. Somehow the criminal fraud aspect of things seems to have stalled so now that the property is finally back in my name it's time for other means. Although it would be poetic justice to seize some of his property for damages the legal fight would probably prove worthless, although it would add excitement to my humdrum life. I can assume that he will probably read this post so he can't say he hasn't been warned.

By the way, the Kevin Manji I mentioned is the actual convicted drug trafficer (you can google him yourself) complete with his girlfriend Brittany Swain who was arrested at the same time and is still with him doing minor administrative duties as part of the scam. I guess cocaine sales didn't offer enough money so he moved on to white collar crime.

[eric]

Just as an aside, at least I can be satisfied that Derek Johnson and associates probably never made any money from me. His pet Commissioner for Oaths made $50 and his attempts to register the property in his name at Land Titles quickly sucked up the $200 I gave him - hardly gas and coffee money.

[grixit]

Eric: You married a smart and perceptive woman. Cherish her.