Thursday, 28 January 2016

Thursday, January 28, 2016

Kelowna Law Court

1355 Water St,

Kelowna, BC V1Y 9P4

While the list of criminal acts committed in the course of the investigation by the Securities Commission and its Agents is a lengthy one, for the time being I will outline a few incidents along with providing evidence that underscores the lack of legal credibility on behalf of the BCSC.
This is the first of two briefs on the perjury committed by Lindsey Donders the BCSC investigator, this does not mean there were not more incidents perjury, these are just incidents we chose to highlight as an example of the overall proceedings at the BCSC. We have much more evidence on Donders in addition to both Torrance and Pivnenko as far as perjury is concerned.

You may or may not be aware of the chain of events leading up to these incidents I will try to outline the background as clearly as possible while still being brief.

Early in 2014 the U-Go Director group was summoned to attend interviews with BCSC agents. Lorne Cire went first and it quickly became apparent that BCSC was attempting to entrap the sales group as well as having them testify against themselves for crimes they had not committed. At this point the Securities Commission had all banking records examined and should have had a clear understanding of where the money the U-Go group allegedly took had gone. None flowed into any of the accounts they seized or froze under the Temporary Order. These accounts were frozen vindictively by Ms. Donders upon her learning that the remaining four directors would not attend their scheduled interviews due to the fact that it was apparent that the BCSC would not or could not operate in a fair and just manner. Upon realizing that the BCSC was not honorable nor could it be trusted the U-Go group declined to attend hearings which they were threatened with jail time for not attending, it was later learned that attendance was not mandatory let alone its omission punishable by jail time.

I have attached a copy of orders given to TD Waterhouse by the BCSC which clearly state a cease trade was ordered I will include statements from the lead investigator Ms. Donders which not only demonstrate her lying under oath and on affidavits produced as evidence but also evidence that she attempted to coerce a TD Official to lie to their client regarding the issue.

The accounts never should have been frozen, cease-traded or whatever other terms the BCSC lawyers like to wiggle around to try and escape and deny culpability in this matter.

The onus is in the Commission to find reasonable grounds for such actions and since the commission had full access to banking records which show that no money had been deposited in either account in question for 18 years there were no reasonable grounds for seizure. Surely an Agent of the Commission is bound to the follow due diligence and process before taking such extreme actions?

Please seen attached Lindsey Donders own notes in evidence regarding her exchange with Mr. Blair Payton and the cease trade order of the Thibert’s accounts. Note highlighted sections where Ms. Donders comments on what Mr. Paynton can tell his clients about the account cease trade order.
Lindsey Donders under oath answering questions in hearing, exert from transcript January 13th 2015;

143 Q Did you order the freezing of personal trust accounts of John and Diane Thibert?

A) No

144 Q Again was there a freeze order in this case?

A) No

A little further on…

Q Were Mr. Thibert's trust accounts captured by a temporary order?

A) There were no accounts listed in the temporary order.

149 Q And who halted Mr. Thibert's accounts?

A) TD.

Exert from email Donders exchanged with Blair Payton regarding the freezing of Thibert’s accounts entered as evidence

This email proves that either Lindsey Donders lied under oath regarding the freeze or she attempted to coerce Blair Paynton into lying to his client which would make her a co-conspirator. If the TD was complying with an order from the BCSC then obviously the order held weight as Donders herself directs Paynton to inform Thibert that “there is nothing that the bank can do about it because they are complying with an order.”

However one wants to view this situation it’s clear that Donders is attempting to distort the truth and operate in a deceptive fashion.

Further down transcript…

Q As soon as the variation order was issued, did you provide it to TD?

A) Yes, I did

169 Q And did TD release the two accounts that Mr. Thibert was complaining about?

A) Yes

170 Q Was Mr. Thibert still using these accounts?

A) No

171 Q What's the status of this accounts?

A) A representative from TD compliance informed me that those accounts were closed.


312 Q My question is how can they deny a cease trade. I want to know what purpose is to deny a cease trade when it has occurred and we have proof that it has occurred.

A) There was no cease trade order issued. There was a temporary order issued that included language barring all of the named parties from trading.

We can argue all we want about the language used in the halting of the Thibert’s' account but the bottom line is the BCSC is refusing to take responsibility for giving such an order. The BCSC had access to the Thibert’s banking records prior to the orders issued. The BCSC would and/or should have known that there was no possible way that the proceeds of any alleged criminal offence were entered into the accounts in question. The BCSC lifted the Cease Trade seven days later at the vehement behest of the Thibert’s and TD. If the BCSC was right in its Cease Trade order why would they have the Cease Trade lifted a week later? Why would they lie about it?

The accounts Donders states are closed have not been nor were they at that point in time closed and TD Waterhouse can attest to such fact. Why would Donders state that they are closed when she knows very well otherwise? Just to ensure it is understood that this was a collaborative effort to hide the truth I will include evidence of Ms. Teresa Mitchell Banks who is head of the BCSC Enforcement Division lying in a statement to John Thibert that the BCSC did not cease-trade his accounts.
 For privacy reasons we have not currently included the bank statement confirming the cease-trade order but will possibly make it available soon and certainly we are willing to produce it in a court of law.

We can continue going through numerous points of transcript where Lindsey Donders, Mila Pivnenko, Teresa Mitchell Banks, and James Torrance lie either under oath, in an affidavit submitted as evidence, or simply in conduct of duty as a public official. We are prepared to do so in Canadian Supreme Court.

Peter Harris
Christopher Burke
U-GO Brands Nutritional Product Inc.

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