Private Sector Act dot Com

[The Observer]

I'm actually impressed they showed up for court.

I'm not. This is just them using the situation to pretend to their marks how much in control they are of their destiny. They figure there is nothing at risk, other than a hand slap by the court. Then they can stroll out of the courthouse, film a video claiming victory, and head out to look for more people to fleece.

[eric]

Actually only Kumar and Johnson showed up by teleconference and both even argued with the judge. Manji, Cinnamon, and Johnson's wife didn't bother to attend - that's why those three were hit with an extra thousand dollar fine on top of whatever they are sentenced to on 7 June.

On 7 June, the sentencing hearing, they all must physically attend the court since there is the possibility of jail time. Just as a comment on court appearances in Alberta, teleconference is not unusual, even for first appearances in criminal charges if someone is in remand (jail) videoconference is the norm.

[Bill Lumbergh]

If all attempts fail at collecting the money he can be thrown in jail for defaulting on a fine. It's rare but it could happen.

[eric]

According to the crew's pet organization, the Real Estate Council of Canada, Johnson wants to launch a 50 million$ counter suit against RECA. Since he has been declared a vexatious litigant it's kind of difficult to do this by normal means but he probably thinks he can do this during the sentencing hearing so he may just show up. I'm kind of interested in his arguments as to how he deserves such a large sum of money, exceedingly rare in Canada. Should be good for a few Monty Pythonesque references.

[eric]

And, like some have forecast, they're still at it:
http://www.kijiji.ca/o-posters-other-ads/1005660514
(twenty plus ads posted since they were found guilty of contempt of court)
Eric's guide for irritating a judge:
1. argue with said judge:

His associate, Kevin Kumar, who has also been found in civil contempt of court, raised the ire of the judge for speaking out of turn and raising irrelevant points.
Lovecchio raised his voice several times during the 25 minute phone call.
"I know you don't think you are bound by them [rules of the court], but unfortunately you are. You will follow the rules sir, whether you like it or not," said Lovecchio.

2. While awaiting sentencing, continue performing the same actions that you were just found guilty of.

[eric]

I just thought I would post an update on antics of our friends since they were found guilty of contempt of court on April 20
http://www.cbc.ca/news/canada/calgary/d ... -1.3545046
and here's the Application to the Court:
http://s3.documentcloud.org/documents/2 ... 4497-1.pdf

As foretold by some, being found guilty of contempt of court and awaiting sentencing didn't have much effect on their activities for a week or so – they were still actively posting on kijiji with links to commissionfreesystems. However, then the hammer descended – on April 31, as requested in the application, canadapropertyguys, ispeedprivatelending, commissionfreesystems, and realestatecouncilofcanada went down. I'm not quite sure why, perhaps it's someone cleaning up their digital record but Ty Griffiths and his zany antics are also no more. On 3 May all their FMOTL sites which provided comedic relief disappeared as well – no more privatesectoract, hotjusticerealitytv, or my personal favourite – thecourtofkingsbench. Their youtube videos are still there if you search and Ty still has a very boring facebook page, but that's about it.

So are the group sitting quietly, nursing their wounds, like good boys and girls while they await sentencing? Not likely... They have recruited a rather unsavory employee by the name of Keith Moro to do their posting on kijiji for them – you can google him if you would like. Generally the ads are linked to entities known as Beryl Investments or Kyanite Industries (originally mis-spelled as kaynite). I am waiting for them to create a topaz or tourmaline investments, tanzanite just doesn't have the right ring to it (amateur geologists joke, are these guys looking at pretty pictures of crystals to pick names for their companies?) Here are some sample links to their ads:
http://www.kijiji.ca/o-posters-other-ads/1005660514
http://www.kijiji.ca/o-posters-other-ads/1005707309
http://www.kijiji.ca/o-posters-other-ad ... e=dateDesc

And of course, RECA has updated their page with a consumer warning about Derek:
https://www.reca.ca/consumers/publicati ... nturn.html
and even in the cowboy world of real estate in BC, they have attracted attention:
http://www.fic.gov.bc.ca/pdf/alerts/RESA050316.pdf

I'll be keeping an eye on them and plan on attending their sentencing on 7 June.

[eric]

I just thought I would add a little to the above. For those of you who are really interested I have obtained a copy of the arguments that Kumar attempted to use at his 20 April court appearance. Kumar and Johnson, when their sites were still up, would often post un-linked pages to a site as a work in progress that you could only get to by tunneling down through it. It's disappeared now, along with everything else on realestatecouncilofcanada, but I saved a copy of the rant. Usual FMOTL BS, a slightly modified take on the natural person argument that I haven't seen before. Something about government sanctioned administrative bodies only have the powers of a natural person, and since I'm a natural person as well and didn't consent to their governance they can't sue me as a quick paraphrase. The rest of the rant is just woe is me ravings about the world is out to get him, we're just a group of independant Canadian business people. A few interesting names of minor players who got sucked into working with them for a deal or two and whose budding careers as real estate investors have now been destroyed.
I'm not going to bother posting any of it here unless requested.

[eric]

And just for interest's sake:
http://www.cbc.ca/news/canada/british-c ... -1.3569129
Poor Derek, abused and reviled by everyone.
BTW, I know his new business, just have to get around to collecting the sundry evidence and kijij links to post here.
Hint... don't get involved in buying debt contracts or consolidation plans if he is involved.

[eric]

As promised, your intrepid reporter journeyed down to the Calgary Court (Claim to fame - the couthouse is not only earthquake proof, it's also airliner proof) to view the sentencing of the crew on their contempt of court charges. I will transcribe my notes tomorrow and make a proper post with a little mention of vexatious litigants since that fact played a part, but here's a summary of the results. Let's just say they are now BC's problem but there are still active fraud investigations in Alberta. Here is what they received for contempt of court:
1. Kevin Manji: One thousand dollar fine with a year to pay. He was the only one who showed up, self represented, performed the appropriate legal actions to purge the contempt (public apology to victims and is suppling crown evidence).
2. Laurel Cinnamon and Allyson Johnson: Five thousand dollars apiece, 2 months to pay in full, arrest warrants in 2 months if they haven't paid.
3. Kevin Kumar and Derek Johnson: Two months each in one of the Queen's resorts that has fine amenities such as bars on the windows. Since they weren't at court arrest warrants will be produced. As an added plus, not showing up has added another contempt charge on their plates so a second set of arrest warrants and another trial.

Why BC's problem? Queen's Bench only has jurisdiction in Alberta, so our crew basicly has to hide out in BC. As an aside, your's truly and quatloos rated a mention in court. Similarly there will be something on CBC news tonight with my ugly mug featured, available online tomorrow.

[The Observer]

Why BC's problem? Queen's Bench only has jurisdiction in Alberta, so our crew basicly has to hide out in BC.

Canada does not have laws that allow for extradition from one province to another?

Please provide links when they become available.

[Llwellyn]

The issued warrants will have an 'expiry' date.. once that date passes, they MAY become federal.. but initially they are only provincial. Becoming federal does require a certain 'need' .. IE the warrant for Menard did not signify anything serious.. and that warrant only resides in that province. BUT - any travel, via a regulated service (IE an airline) they will get detained and transferred (or may request local punitive measures) - with that, IF they get stopped for something like a traffic ticket.. a warrant will show up, and, may be enforced.

EDIT - Any registration - ie VEHICLE registration - it will also show up, no matter what province they are in, and the registration is by default REFUSED. (had a B.C. license, moved to Alberta, and went to change it to find out there was outstanding issues still from B.C.)

Llwellyn
Guardian and Keeper of the Tor

[eric]

http://www.cbc.ca/news/canada/calgary/d ... -1.3621323
I guess I'm not photogenic enough that the video portion of the reporter's interview with me wasn't included.
That being said, some of Derek and Kevin's victims (members of the Group), although they were present, wish to remain private and the reporter from the CBC respected those wishes. Besides, the less that Kevin and Derek know about who they are dealing with, the better IMHO.

[eric]

With regard to the warrants issue, if our pair maintain a ridiculously quiet and law abiding lifestyle, and spend all their time at home, they can remain in hiding. However, as previously mentioned, "registration" activities such as driver's abstracts, vehicle registrations, and property transfers have now ground to a halt for them. Similarly, their fun airline trips to glorious vacation travel destinations will become difficult - nearly every flight into or out of Kelowna uses Calgary as a hub. Some of the crew, because of their jobs have to pass a background check and they will fail it. I'm not sure about Homeland security issues if they try to enter the US, but usually you will be denied entry if you have outstanding warrants in any province. And as someone mentioned, Kelowna is still close enough to the Alberta border that if they are pulled over for a driving infraction there is nothing to stop a bored RCMP officer on a quiet night from spending a few hours round trip to drop them off on the Alberta side. I've run into the outstanding warrants issue with friends and co-workers and the standard advice is to deal with the warrants by turning yourself in with your lawyer in tow - generally the courts take into account that you have the courage and honesty to do so.

[eric]

Got him.....
http://www.cbc.ca/news/canada/calgary/d ... -1.3660363

Kumar, who was also sentenced to jail time, remains at large and a Canada-wide warrant has been issued for his arrest.

The upgrading of a provincial warrant to Canada-wide appears to be an unusual step but I'm certainly not complaining. I would have a drink to celebrate, but 5 AM seems a little early to me.

[The Observer]

Got him.....
http://www.cbc.ca/news/canada/calgary/d ... -1.3660363

Kumar, who was also sentenced to jail time, remains at large and a Canada-wide warrant has been issued for his arrest.

The upgrading of a provincial warrant to Canada-wide appears to be an unusual step but I'm certainly not complaining. I would have a drink to celebrate, but 5 AM seems a little early to me.

Glad to see this. Just surprised that Derek was so stupid as to hang around for the arrest. I am also glad to see that a nation-wide warrant is in effect. Allowing these thieves to avoid arrest by simply moving to another province seemed to me to be counterproductive to ensuring that justice is delivered.

Now if only Canada had the death penalty for bald-faced fraud...

[eric]

I don't know the details on how Derek was arrested - I will have to do a little digging. The facts of the matter are that the original warrants were only valid in the province of Alberta. Derek could have been picked up on some mundane matter such as travelling through Calgary Airport. I do find the upgrading interesting however. From what little I know of legal matters, a Queen's Bench arrest warrant for contempt is only valid in this province. To make it nation wide often means that someone is showing particular interest in an individual and would like to have a conversation with them.

[notorial dissent]

They have spent the last how many years literally thumbing their noses at the provincial authority and not having anything but a stern talking to happening, so I would suspect that they assumed they could continue in the same old vein with the same results. There is a lot of ego and contempt for authority in those two, in particular. I'm sure the look of shock and surprise on Derek's face when he was actually picked up and handcuffed had to have been priceless in the how cold you, you wouldn't dare variety. I will hope it was memorialized by someone for posterity. Hopefully they will catch his partner in crime fairly shortly as well.

A most satisfactory ending to a very sorry saga.

[eric]

To be honest, there's a bit of a sense of let-down on my part. This whole saga, after two years of work, went out with a whimper. None of the perpetrators received much as punishment and victims have not received adequate recompense. That being said, we're going through the end times now for the group.

Just as recap of where we are now:
1. Derek is in jail for two months or so and his reputation in the financial wizardry realm has hopefully been destroyed;
2. Manji has left the business, has some fines, and actually has legal employment so that if the fines aren't paid his wage can be garnisheed. He also has submitted an affidavit in his own defence at his sentencing hearing that blamed everything on Kumar and Derek. The evidence from the affidavit may be useful to the authorities in their investigations. There also was a little bit of `social engineering` before and after the hearing. Hint - do not argue with my wife, sometimes known as She Who Must Be Obeyed.
3. Derek`s wife, Allyson, has some very hefty fines that she has probably ignored or has spent the cash elsewhere. Maybe someone should pass a hint to CBSA that she will be on a flight coming back from Delhi or Kuala Lumphur through Calgary next week.
4. Kumar and Cinnamon are on the run, it may be difficult considering that they have small children. If Cinnamon was smart she would stay in Kelowna, where she has family connections, and throw Kumar to the winds.

I`ve been monitoring things for any activity on their part and everything is quiet, including anything from their latest employee, a Keith Moro, who seems at first glance an unlikely candidate for a financial fraudster. Kumar aka Ty Griffiths still had posts to facebook last evening, even some with links to old privatesectoract youtube videos, but I believe they were generated by someone else or though some sort of software app.

Right now I`m just monitoring for any further activity and wondering what I should do with my free time next. For a number of reasons ( I can afford it and I have medical issues) retirement from pig farming is something that I will be looking forward to in the next year or so.

[eric]

With permission from the moderators, I have created a new thread outlining the new and unfolding activities of the crew and will make my new posts there.
viewtopic.php?f=48&t=11198

[grixit]

noted. i'm locking the topic.