Kelowna
Law Court
1355
Water St,
Kelowna,
BC V1Y 9P4
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.
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?
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…
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.”
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.
MR.
THIBERT:
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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