"Baffle With Bullshit" As Demonstrated By Victor Toews on Behalf of Fraud/Conspiracy Defendants, Theresa Keeping and Dale Merkel
by Captain Chuck Foster on 07/22/13
Posting for Sunday, July 14, 2013 – "Baffle With Bullshit" As Demonstrated by Victor Toews on Behalf of Fraud/Conspiracy Defendants, Theresa Keeping and Dale Merkel.
During the first week of law school, I remember a freshman student asking:
“What do you do when the facts, the law, and the evidence are all against your client?"
The law professor smiled and in his matter-of-fact demeanor candidly explained:
"When the law disfavors your client, you argue facts and evidence; when the evidence and facts disfavor your client, you argue the law; and when the facts, law, and the evidence disfavor your client you ‘baffle with bullshit’ and hope that you don’t get caught.”
The only profession I can think of where the “baffle with bullshit" description predictably exceeds the attorney categorization is the attorney-politician!
So, after three months of avoiding, and otherwise refusing to voluntarily accept and answer the Summons and Complaint charging them with fraud, conspiracy and a number of other statutory violations, it’s no surprise that Keeping and Merkel would employ as their consultant and spokesperson, Canada’s recently "resigned" politician/attorney, Victor Toews.
And wasting no time to put their hired "mouthpiece" to work, an email (with a "From: Theresa Keeping" email address) was sent to the local Chamber of Commerce and a select group of elected officials, inviting them to attend the Merkel-coordinated meeting at the Day's Inn hotel in Stephenville scheduled for a 7:00 PM meeting on Saturday, July 13, 2013.
Noticeable by omission, the email (see redacted copy below) was purportedly authored by someone at Vinking Marine, yet the invitation's signature space had no name or signature? Nor did Vinking's CEO/President, Dan Villeneuve receive an invitation!? Neither did Vinking shareholders having expressed concerns about Keeping/Merkel's misconduct, and their continued involvement with Vinking Marine and Port Harmon!?
I was also told that "... two-thirds of the room's sixty seats were empty; that a video recording exists which documents Mr. Toews' seemingly unprepared and, at times, rambling presentation; the initially represented meeting agenda was not fulfilled; during the meeting, one of the people previously seated at the head-table with Keeping and Merkel chose to reseat themself among the attending audience; and that the meeting attendees were not permitted to ask and receive answers to questions during the meeting as promised."
As Keeping’s email purported, this meeting was supposed to have been about development plans for Vinking Marine Enterprises and Port Harmon Authority.
Instead, the meeting was a three-part pontification with Toews spewing a boastful rhetoric about Keeping and Merkel, and emphasizing a recent Keeping/Merkel (prematurely claimed) victory decision by the Supreme Court in St. Johns regarding an investor proxy-battle by Keeping and Merkel to take over Vinking Marine and Port Harmon Authority.
The video recording confirms that a third portion of Mr. Toews’ “baffle with bullshit“ presentation targeted (but without specifically naming Dan Howard or me?) "... a Canadian and a Californian fraudster!"
Equally surprising was Toews' accusatory comments given his own colorful and not-too-distant history!?
Responding to (Toews’) irrelevant and issue-avoiding diatribe is another “what not to do” first year law school lesson. Instead, the appropriate, and my chosen course of conduct is to ask questions and provide responses that are directly related and relevant to the case which, in this instance are fraud, embezzlement, conspiracy and other case-related charges and claims against Keeping and Merkel as set forth within the lawsuit.
At one point (apparently occurring before or after the video presentation), I'm told Keeping misleadingly proffered she had only a limited financial involvement with WishCruise Navy, that being a one-time "$50,000 donation to the charitable organization."
Not so, challenged by one of the meeting attendees, who pointedly reminded Keeping that the money ($53,482 to be exact) to which she alluded was wire transferred from the trust/holding account at the Royal Bank of Canada to the bank account of the newly formed management company (WishCruise Pirate Adventures, Ltd) of which Keeping had paid $1,500,000 capitalization money to acquire a 49% owner/partner interest.
I was also told this challenge to Keeping's donation claim brought an abrupt and understandable end to her speaking … and likely was responsible for the decision by Mr. Toews to not allow questions and answers during the meeting as previously represented!?
NOTE: In law there’s a Latin saying: Res Ipsa Loquitur. It means, “The thing speaks for itself.” In this instance, “the thing” would be documents, photographs, video, or other types of physical evidence. As Res Ipsa applies to Keeping and Merkel, I invite you to check out and judge for yourself by looking at the lawsuit’s email and bank Exhibits 1-7 … Exhibit #4 in particular. (See "Lawsuit/Exhibit's page at http://theresakeepinglawsuit.homestead.com/02Lawsuit-Exhibits.html) When the Day's Inn meeting concluded, Mr. Toews invited questions on a one-on-one basis, and if not answerable at the moment, he'd get and provide the answer.
If anybody has Mr. Toews' email address or phone number, I'd appreciate your sharing it with me, as I have some questions. I'd like to ask Mr. Toews.
And if Mr. Toews is actually interested in corroborated facts or, as Keeping/Merkel's "consultant," or finding out why and how the matter could and should be timely and fairly resolved, I would imagine there are some questions he might like to ask of me!?
-- RCF
- Theresa Keeping's email invitation -
From: Theresa Keeping (email
address redacted)
Date: 12 July, 2013 (time redacted)
To: (name redacted)
Subject: Chamber
Invite.docx
July 12, 2013
(address redacted)
RE: Invitation to Information
Session with Mr. Vic Toews for Saturday, July 13, 2013 – Status of VinKing
Marine
Dear: President of the Bay St.
George Chamber of Commerce, Debbie Brake-Patten And all Members
This Saturday, July 13 we are
pleased to announce that the Honourable Victor (Vic) Toews will be our guest.
Mr. Toews has just announced his retirement from public life on Tuesday, July
9, 2013. He was the Regional Minister for Manitoba, Minister of Public Safety,
and Member of Parliament for Provencher, as well as many other postings throughout
his long public service career.
Mr. Toews gives his reasons for
leaving public life - to spend more time with family and pursue his business in
the private sector. He has accepted the position of Chair on our Advisory Board
and has asked that an information session be set up for all of you to join him.
This meeting will take place at 7 PM on Saturday, July 13, 2013 in person at
the Days Inn, formerly, Holiday Inn, Stephenville in the Banquet Room.
DISCUSSIONS
1. Recent events involving accusations that
have impacted the reputation of local citizens and VinKing Marine Enterprises
Inc.
2. The business plan of Vinking Marine and Port
Harmon Authority Limited.
It will be an honour to have
the retired, Honourable Vic Toews as our guest. We are excited about the
opportunities in this region and look forward to job creation and growth for
the West Coast of Newfoundland.
Please RSVP by return email: (email
address redacted) if you have an interest in joining us.
Sincerely,
VinKing Marine
Cc: Honourable Tom O’Brien
& Council
Honourable Cator Best &
Council
Honourable Eileen Hann &
Council
Honourable Brian Bennett &
Council
MHA Tony Cornect
MP Judy M. Foote
[ADDENDUM NOTE: . -- I'm told that, and I have to wonder why, such an important DISCUSSION item as #2 ("The business plan of Vinking Marine and Port Harmon Authority Limited") was scheduled but never discussed!?
