Online Posting of Physical Evidence by Accuser Handcuffs Vic Toews' Defense of Canadian Developers Theresa Keeping and Dale Merkel in Children's "Wish" Charity Fraud, Conspiracy Litigation
by Captain Chuck Foster on 07/28/13
Corroborating Evidence Posted Online;
Evidence Handcuffs Vic Toews' Defense Attempt in Childrens "Wish" Charity Fraud Case Against Canadian Developers Theresa Keeping and Dale Merkel
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(Monday, July 29, 2013/Orange County,
CA) -- Recently resigned Canadian politico, Vic Toews, was hired as a "consultant"
to help Alberta/Newfoundland residents, Theresa Keeping and Dale Merkel, with a
variety of recent court entanglements. That same week, Toews spoke publicly and
used harsh, disparaging and accusatory language when referring to Keeping and
Merkel's litigation accusers.Evidence Handcuffs Vic Toews' Defense Attempt in Childrens "Wish" Charity Fraud Case Against Canadian Developers Theresa Keeping and Dale Merkel
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As the referenced accuser who recently filed fraud, conspiracy, and a variety of other unlawful charges against Keeping and Merkel, I took exception to "Toews' distraction efforts and poorly presented diatribe, as I did with Keeping's "charitable donation" defense ruse.
Wisely choosing not to address specific case-related facts and evidence, Keeping, Merkel, and now Toews, adopted a text-book lawyering technique for cases that favor the opponent, e.g., "When you don't have the facts on your side, you argue the law; when you don't have the law on your side, you argue the facts; and when you don't have the law or the facts on your side, you 'baffle with bullshit' and hope you don't get caught."
My choice is allowing the case-relevant facts and evidence to "speak for itself" which, in this case, may help Toews to better understand both sides of this case. Then he'll be better prepared to advise Keeping and Merkel whether it's in their best interest to fight or discuss how to bring about a timely, just and mutually beneficial settlement.
The link-accessible evidence provided below includes: a) bank records, receipts and invoices; b) email communication that contradicts and/or reveals information Keeping and Merkel avoid, refuse, and understandably don't want to publicly discuss; c) video recording link; and d) a link to access a copy of the video's written transcript [revealing Toews' often confusing, disparaging and issue-diverting comments made at a small, invitation-only gathering held at the Day's Inn hotel in Stephenville on Saturday evening, July 13, 2013.]
Indicated below are facts and evidence which requires no spin, no baffle, no case diverting or irrelevant support arguments:
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Lawsuit Exh #01: Keeping's 1/29/13 email -- "Thank God for giving us the courage ... thank you for this opportunity. We will stand forever for children's wishes."Lawsuit Exh #02: Keeping email 1/30/13 -- "Sent off an email to get my Accountants and Lawyer to get things rolling and will keep you posted on the details as well as when we will make the Bank Transfer."
Lawsuit Exh #03: Keeping email 2//9/13 -- "Like I mentioned before, my Lawyer and Accountants had me set up a new Holdings Company to put the funds into before they get transferred out of the country. Tax issues are far better addressed before an investment than later. Anyway everything is done on this end now, so the first transfer is next." [underline emphasis added]
Lawsuit Exh #04: Dale Merkel email 2/12/13 -- "So tomorrow at about 1pm, I am meeting at the bank to wire transfer the funds. I will contact you after it is done ... we are leaving for Zurich Friday."
Lawsuit Exh #05: February, 2013 bank statement Revealing: $53,482 (of Keeping's $1.5MM capitalization funds) was wire transferred on 2/13/13 to WishCruise Pirates Ltd., the flagship management company for WishCruise Navy which Keeping was "President" and held a 49% ownership/revenue-sharing interest.
Lawsuit Exh #06: Foster's 3/29/13 email informing Keeping about the boat-builder "requires Email confirmation from the bank confirming $1.3MM available for boat construction by next Wednesday, April 3rd (2013)"
Lawsuit Exh #07: Copy of Chuck Foster's Declaration Under Oath (Case Summary of the Keeping/Merkel litigation).
Evid. Item #08: Foster's 2/5/13 email to flagship architect regarding "invoice and payment request for the set of 'Pirate Ship' construction plans ..."
Evid. Item #09: Flagship architect's 2/5/12 email stating, "Per your request attached is the invoice for the plans of the pirate ship along with banking information. As soon as the funds arrive I will forward the plans ..."
Evid. Item #10: Invoice dated February 5, 2013 which was attached to architect's above indicated email regarding flagship construction plans.
Evid. Item #11: February 2013 bank statement revealing the $35,000 wire-transfer on 2/14/13 by WCPA to architect Dan Avoures for flagship plans payment.
Evid. Item #12: Flagship architect's 2/15/15 email providing notice of plans being shipped and FedEx tracking number.
Evid. Item #13: Email dated 2/8/13 notifying Keeping/Merkel that the WCPA bank account is set up and providing details for account monitoring.
Evid. Item #14: Dale Merkel's 2/9/13 email revealing his receiving WCPA bank account information and stating "Will call you later today" comment about his getting additional bank access code and password details.
Evid. Item #15: Foster's 3/25/13 email to Keeping/Merkel with attachment of the requested invoice confirming the total cost of the pirate ship and the payment schedule.
Evid. Item #16: Invoice dated 3/25/13 attached to above email; invoice providing flagship construction costs and payment terms.
Evid. Item #17: Foster's 4/4/13 email to Keeping/Merkel communicating ship builder's construction payment concerns
Evid. Item #18: WishCruise Pirate Adventures, Ltd. "required services" flow chart identifying Keeping/Merkel involvement, their company President/Vice-President positions, and Keeping's 49% ownership/revenue-sharing interest.
Toews Video/Item #19: Video depicting Victor Toews' disparaging and defensive diatribe at the Keeping/Merkel scheduled meeting at the Day's Inn meeting in Stephenville 7/13/13.
Toews Video Transcript/Item #20: Transcript of Toews' Video (see Video/Item #19 above)
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NOTES:
1. Exhibit #05 -- is a copy of the bank record for 2/13/13 revealing a $53,482 wire-transfer by Keeping of "capitalization" funds to WishCruise Pirate Adventures, Ltd., (WCPA). This was not "donation money to WishCruise Navy" as Keeping claimed! This was a contractually required payment from Keeping's "capitalization" money belonging to the WCPA management company that was created to oversee and manage WishCruise Navy's celebrity co-captained Pirate Adventure WishCruise program for children suffering with a life-threatening illness. Moreover, Keeping also concealed the fact that her $1.5MM capitalization investment came with the demanded title of WCPA "President" and a 49% company ownership/revenue-sharing interest.
2. Notwithstanding having been provided with corroborating and verifiable evidence to the contrary (see above Exhibits and Evidence Items), Keeping has falsely maintained that her unilateral decision to not transfer additional funds to WCPA was because she had "... discovered money from the initial ($53,482) wire-transfer was not used for its intended purpose, i.e., $35,000 was designed as money needed to purchase the flagship construction plans which, truth-be-told, had been donated and the $35,000 was used by WCPA for some other unknown purpose."
3. As apparent by Evidence Items # 13-14, Keeping/Merkel also had direct internet or phone access to monitor WCPA bank records. Therefore, at any time, Keeping and/or Merkel could confirm the $35,000 wire transfer by WCPA to the flagship designer, Daniel Avoures and Associates, or any/all other WCPA banking transaction.
4. I'm still attempting to find an email address and phone number for Vic Toews!?
-- RCF
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