CHILDREN'S WISH-CHARITY FRAUD, CONSPIRACY LITIGATION UPDATE regarding defendants Theresa Keeping, Dale Merkel
by Captain Chuck Foster on 08/06/13
August 6, 2013/Orange County, CA) -- Litigation update on fraud,
conspiracy and related litigation charges regarding Theresa Keeping and
Dale Merkel's unlawful taking and using children's wish-charity funds
for personal property and business purchases:
ISSUE #1 -- [LEGAL DUTY] When someone incurs damages, the law requires you to take steps to mitigate and prevent additional damage. Involving all current and possibly future damage claims against defendant's Keeping and Merkel, I have and will continue to do do so by: a) being receptive to any good faith, dispositive offers by defendant parties, and potential future defendant parties, and be willing to explore and discuss just and mutually beneficial ways to resolve this matter; b) Continuing to search for sponsor(s) and/or investor(s) to replace defendant Keeping, and the $1.5MM WCPA capitalization funding; and c) Generating as much multi-media publicity as possible in the belief than an informed public, government officials, and business community, can help accomplish objectives "a" and "b".
ISSUE #2 -- [MORE DEFENDANT PARTIES?] There is substantial corroborating witness and paper trail evidence against defendants Keeping and/or Merkel to show: a) the existence of, including terms and conditions of Keeping's WCPA funding/WCN support agreements; b) when, where and what happened to Keeping's WCPA capitalization funds she deposited into, then unlawfully removed less than two weeks later from the "holding company" account she established at the Water Street Main Branch of the Royal Bank of Canada (RBC).
California, U.S. and Canadian statutes prohibit the seller, disposer, purchaser or recipient to benefit from a transaction involving stolen, embezzled or otherwise unlawfully obtained money. As one cannot acquire legally continued to possession and/or claim title to unlawfully obtained property/money, the law also requires that it be timely returned by the recipient of this to the person or entity having lawful ownership or entitlement, e.g., WCPA
If the property recipient did not know prior to, or at the time said property was purchased or received, and if the property is timely returned, it may prevent being sued or criminally prosecuted. Refusal, however, to timely return this property or money will subject the person to both civil and criminal prosecution.
Example: If you sell something to someone and are paid with what turns out to be unlawfully obtained money (stolen, embezzled, obtained by fraud or some other statutory violation), and you return the money to it's lawful owner, your recourse is to pursue civil and/or and criminal action against the person from whom said money was received.
ISSUE #3 -- [WHO RECEIVED WCPA/WCN FUNDS?] I have confirmation that the above described WCPA capitalization funds were, in fact, removed from Royal Bank of Canada on February 25, 2013. I also have evidence to support the claim that "on or about February 25 to February 28, 2013, Theresa Keeping used took and said money:
a) to pay Cecil Stein for, and thereafter resulting in obtained executive vice-president positions with, and a majority investor interest in, Vinking Enterprises, Inc./Port Harmon Authority; and
b) to pay Randy Simon, Sean Simon and/or Simon Holdings, Inc. for a building located adjacent to the Vinking/Port Harmon property.
While I will attempt to discuss the above matter with, and proffer mutually transparent cooperation involving all parties concerned, except for already named defendants, Keeping and Merkel, I am not stating, accusing, suggesting or implying any impropriety whatsoever regarding any other parties and/or entity. Moreover, I anticipate the answer to the above issues, and whatever action may be deemed necessary, if any, will be determined by current and/or subsequent Keeping/Merkel-related litigation, including law enforcement/government agency investigation and related business records audits, and/or o from Court ordered discovery, e.g., witness testimony and/or bank, credit, computer and other business records.
NOTE:
Regarding Keeping/Merkel's shareholder/equity interest claim to
Vinking/Port Harmon Authority and any other unlawfully obtained
benefit: Evidence supports a prima facia argument, and if the U.S. and/or Canadian Court rules that the purported $1.46+MM funds in the 1727482 Alberta Ltd.
"holding company" bank account at RBC was, in fact, WCPA capitalization
funding, and the money was unlawfully removed and used without WCPA's
prior knowledge and approval, any purchase or benefit resulting with
this money by Keeping/Merkel would be deemed null, voided and/or
forfeited as a matter of law. This would also permit the Court(s) to
vacate any claims of ownership interest, or entitlement by Keeping and
Merkel, including agents, assigns, associates, or any other person(s)
or entity(s) having benefited, or stands to benefit, resulting from the
unlawfully obtained and use of WCPA funds.
ISSUE #5 -- [WHAT'S NEXT] In addition to the above mentioned:
a. If Keeping/Merkel have not timely filed with the California Superior Court and properly served me with copy of their an Answer(s) to the duly served lawsuit in which they are each named defendant parties, I will submit to the Court a request for "Default Judgment" and if that does not produce a timely and appropriate response, I will petition the Court for an Order of Default Judgment identifying general and special damages, including litigation-related costs, plus exemplary and punitive damages in an amount the Court deems appropriate to penalize and discourage this type unlawful behavior. Once that's received, I will take whatever steps are needed necessary to enforce and collect the Court Ordered Award.
b. Concurrently, additional litigation will include civil charges by WishCruise Navy and/or WishCruise Pirate Adventures, Ltd. of fraud, embezzlement, conversion, negligence, conspiracy and such other applicable statutory violations. Anticipated defendant parties will again include Theresa Keeping and Dale Merkel. Additional individual and/or individual defendant parties may be named for knowingly receiving, possession of, and/or refusing to return fraudulently obtained, stolen, embezzled, converted or unlawfully obtained property, e.g., WishCruise Pirate Associations, Ltd. capitalization funds/WishCruise Navy's flagship construction funding.
c. During the remained of this month, I will be speaking and/or meeting with Embassy, Law Enforcement and Revenue Service officials from the U.S. and Canada seeking criminal investigation, audits, and if warranted, criminal prosecution.
d. I have also agreed to be a cooperating witness in any related Canadian case, civil and/or criminal, and to provide relevant/case-related documents, other types of corroborating evidence, and sworn testimony, be it in the U.S.
ISSUE #6 -- [FAIRNESS/GOOD FAITH] My primary concern has been, and continues to be WishCruise Navy, it's children's celebrity co-captained "WishCruise" program, as well as WCN's programs intended to provide juvenile delinquency diversion, character/self esteem mentoring, and career pathway education opportunities for "at risk" youth.
Accordingly, for the timely return of the above referenced WCPA/WCN capitalization funds, this money will be recognized and treated as a "secured loan" to be repaid, with interest, within 36 months from the date the WishCruise Navy "pirate ship" is completed.
Even if Keeping/Merkel return this funding, repayment will still be offered. In their case, however, repayment will be without interest. $50,000 restitution plus cost to date for legal/publicity/collections expenses would also be required and not be not subject to recoupment. This would, however, bring an a timely end to existing litigation, negative publicity, and predictably prevent any further legal action by me, WCPA and WCN.
-- RCF
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