CAPTAIN'S BLOG: Court of Public Opinion
Nine (9) Words COURT OF PUBLIC OPINION "Jurors" Used To Describe what Theresa Keeping and Dale Merkel Did To WishCruise Navy and It's Children's "Wish" Program!
by Captain Chuck Foster on 08/16/13
Nine (9) words that Court of Public Opinion “jurors” used to describe what Theresa Keeping and Dale Merkel Merkel did to WishCruise Navy and it’s children’s “wish” program:
01. Corrupt: “Having or showing a willingness to act dishonestly in return for money or personal gain."
02. Evil: “Profoundly immoral, wicked, depraved.”
03. Despicable: “Contemptible, mean, vile, deserving hatred and contempt.”
04. Maniacal: “Affected with or suggestive of madness.”
05. Narcissistic: “Mental disorder characterized by extreme self-absorption, an exaggerated sense of self-importance, and a need for attention and admiration from others.”
06. Pathetic: ”Pitifully inferior, inadequate, disgraceful.”
07. Sickening: “Nauseating, rancid, repugnant.”
08. Sinister: “Dark, ominous, menacing, threatening."
09. Unconscionable: “Shockingly unfair, unjust, unmerciful”
10. *Insegrevious: (My word) Because I couldn't top the words that The Court of Public Opinion Blog "jurors" have already been provided, I picked "insegrevious" because it's a unique, catch-all word meaning, "... anything you want it to mean!"
COMING UP NEXT ...
Money Received By People Who Innocently Sold Their Business And Buildings To Fraud/Conspiracy Defendants Theresa Keeping/Dale Merkel Receive Notice About Returning Embezzled, and/or Fraudulent Obtained Children's "Wish" Charity Funds ...
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
WHERE IS VIC TOEWS??? ... BECAUSE i HAVE THE QUESTIONS HE REQUESTED!
by Captain Chuck Foster on 07/31/13
Where’s
Vic Toews???
(August 1, 2013) Vic Toews
resigned from public office on July 8, 2013.
Later that week, he showed up at the Day’s Inn hotel in Newfoundland where,
as a purported “consultant,” Toews tried to deflect fraud and related charges
committed against a U.S. children’s wish charity by Canadian developers, Theresa
Keeping and Dale Merkel.
Speaking to a small
group of local, Keeping-invited Chamber and government officials, a video has Toews’ claiming, “If
you have questions, let me know … I will get you the answers you need ...”
But where is Victor
Toews today? How does one get in touch with him? And will he really keep his word by getting
and providing (possibly truthful) answers to my requested questions?
Is Mr. Toews still a consultant”
(or hand-puppet) of Keeping and
Merkel? Or was Toews’ trek to the Day’s
Inn hotel in Stephenville just a one-night-stand?
Mr. Toews, I for one, but so do many others, have case-related concerns and questions about Keeping and Merkel’s lawsuit-alleged acts and omissions. For your help, I would reciprocate, of course, by answering any questions you (Keeping and/or Merkel) might have which are case-related and relevant to the charges set forth within the recently served lawsuit.
Mr. Toews, I for one, but so do many others, have case-related concerns and questions about Keeping and Merkel’s lawsuit-alleged acts and omissions. For your help, I would reciprocate, of course, by answering any questions you (Keeping and/or Merkel) might have which are case-related and relevant to the charges set forth within the recently served lawsuit.
-
Vic! Wherever you are, here are some questions I have for Theresa Keeping that
require only a simple yes or no response: [CLICK HERE TO CONTINUE]
(*) graphic image of Vic Toews with permission of Guy Badeaux ("Bado"). See http://bado-badosblog.blogspot.com
-- RCF
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
-------------------------------------------------------------------------------------------------------------------------------------------------------------
(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
-------------------------------------------------------------------------------------------------------------------------------------------------------------
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:
-----------------------------------------
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)
-----------------------------------------------
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
"You Can Run, But You Can't Hide!" [Duane "Dog" Chapman]
by Captain Chuck Foster on 07/22/13
Posting for Friday, July 19, 20
Defendants Theresa Keeping/Dale Merkel Lawsuit Ducking Ends With Surprise Courthouse Process Service
When asked about “evasive” boxing opponent, Billy Cook, heavyweight champion boxer, Joe Louis, said: “He can run, but he can’t hide.” The title of the famous real life and TV bounty hunter, Duane ‘Dog’ Chapman’s book was: “You can run but you can’t hide.” It was also a song by the same title co-written by Tommy Keen and “Razz.”
Since April 8, 2013, Theresa Keeping and Dale Merkel appeared to have been doing whatever they could to avoid having to explain and be held accountable for the childrens ‘wish’ charity funds they unlawfully took from the Royal Bank of Canada, and then used this designated trust fund money to buy stock and Vice-President executive positions in Vinking Marine Enterprises/Port Harmon Authority.
Service of process attempts in Alberta and Newfoundland were unsuccessful as the people who knew Keeping and Merkel in Alberta claimed they were in Newfoundland; while sources close to Keeping and Merkel in Newfoundland claimed they were in Alberta.
Were they “running and hiding?” I know they were avoiding and refusing any communication with me or Dan Howard.
What I can say with absolute certainty, however, is that on July 18, 2013, at approximately 10:30 AM in the Trial Division of the Supreme Court in St. Johns, Newfoundland, Keeping and Merkel’s running and hiding, albeit actual or believed, came to an ironic, fitting, and abrupt end!
Two things were necessary for this to happen:
First, I received “tips” which came from “The Court of Public Opinion” section in the www.theresakeepinglawsuit.com website.
From these tips I learned that Keeping, Merkel, their attorney, and the attorney for Vinking Marine/Port Harmon Authority would be appearing in Court to pursue a Vinking/Port Harmon proxy-fight motion filed on Keeping/Merkel’s behalf.
A phone call to the St. John’s Courthouse confirmed the tips were valid.
Second, I was unable to timely maneuver the paperwork through Newfoundland government channels, but had been given the name of William “Billy” Earle, a St. Johns based process server with a “bull dog” reputation for finding and affecting service of whatever legal documents he was tasked to deliver.
My challenge, however, was time. It was already 9:00 pm in Newfoundland and the Court hearing was at 10:00 AM the following morning.
What were the odds that Mr. Earle would answer his cell phone, be available, and agree to serve the Summons and Complaint documents? It doesn't matter what the odds were, because Mr. Earle answered his phone; was available, and he enthusiastically agreed to serve the lawsuit documents!
As requested, the documents were immediately faxed to Mr. Earle and, by email, I provided color photos and other related details about Keeping and Merkel.
When Mr. Earle called me on Friday morning, here’s a summary of what he shared:
"I got to the Courthouse about 9:00 AM so I was able to watch the attorney's in the Vinking and Port Harmon case enter the Courtroom. Keeping and Merkel didn't appear, but as the hearing began, I saw and heard them tell the Judge who they were and who they represented.
I waited until the first break, and when the attorney's walked outside the courtroom, I walked between them and spoke first to Greg Moores, the attorney who identified himself in Court as representing Keeping and Merkel, and asked if he was the attorney for Theresa Keeping and Dale Merkel? He said 'yes' and I handed him the Summons and Complaint. Moores took the document, looked at what I handed him, and he said, "I can't accept these!" I told him, 'you already did, so tell your clients that they've been served.'
I then served a copy of the documents upon Greg Smith, the attorney for Vinking and Port Harmon.*
And so the Judge in the Vinking and Port Harmon case would also know what was going on, I served a copy of the documents on the Court Clerk."
So what happens now?
The California Superior Court’s “30 days to respond from the date of service” calendar clock has started ticking, and what typically follows next is an Answer to the Complaint, followed by “discovery,” e.g., interrogatories, request for admissions, video depositions, and I suppose a number of insegrevious motions or maneuvers to stop or delay the proceedings … or … Keeping/Merkel can elect to do nothing, opting instead for me to obtain a “default judgment” and see what success I have getting the judgment enforced in Canada.
The other, and preferred, option is to do what I’ve been requesting all along: “Let’s talk in good faith about how to resolve this in a fair, just, timely and mutually beneficial way.”
Tic-toc …tic-toc … tic-toc ...
-- RCF
P.S. -- The next Captain's blog will present irrefutable physical evidence, including bank and email documents confirming lawsuit allegations, and dispelling the false/misleading representations recently made by Theresa Keeping and the recently "resigned" politician/lawyer/ and now Keeping/Merkel "consultant," Victor Toews.
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Footnote: (*) Vinking Enterprises/Port Harmon are not named parties to this lawsuit! So why was the attorney for Vinking/Port Harmon served with a Summons and Complaint for Keeping and Merkel?
I'm admittedly of the current opinion the Vinking Marine/Port Harmon, including Vinking's CEO/ President, Dan Villeneuve, Development Director, Colleen Oliver, and many of Vinking's shareholders may, like me, WishCruise Navy and WishCruise Pirate Adventures, Ltd, also be Keeping/Merkel victims, not accomplices.
This duplication of process service was a back-up, call it additional insurance, should Keeping/Merkel attempt to deny or contest the service upon their attorney, Mr. Moores. It was also appropriate to serve Vinking because Keeping and Merkel were, and/or may still legally be, Vinking/Port Harmon company officers, directors or shareholders, and the law permits service of process upon a "person in charge" (manager or executive officer) of the company where the served party is employed.
Additionally, the law is clear about not requiring "... any particular means of service of process, only that the method selected be reasonably calculated to provide notice and the opportunity to respond." Mullane v. Central Hanover Bank & Trust Co [U.S. Supreme Court, 339 U.S.at 314; also U.S. Federal Rules of Civil Procedure 4(f)]
- EPILOGUE -
In my previous "Baffle With Bullshit!" Captain's Blog posting, I said Keeping/Merkel's recently retired politician/attorney, Victor Toews,' boasted at the Day's Inn Hotel meeting, how the Court had made a favorable ruling regarding Theresa and Dale's recently filed proxy-fight motion and "... gave Theresa and Dale everything they asked for."
For the average person, this seem reasonable to believe that the referenced Court victory was the end of the matter ... a done deal ... finished ... and that Keeping and Merkel were now in charge of running Vinking Marine and Port Harmon Authority!?
Whether or not Mr. Toews actually believed this, or whether he wanted other's to believe that Keeping's preliminary Court decision was final -- he'd be wrong!
I know this to be true, and he proof is what happened at the conclusion of the Court hearing mentioned above, i.e., the judge put everything on hold, and continued the matter to a date that would give Vinking/Port Harmon time to properly prepare their defense against Keeping/Merkel's charges; and if appropriate, to bring charges of their own against Keeping and Merkel.
To this degree, one could make a good argument that this was a "victory," albeit "temporary" in its proper context, for Vinking/Port Harmon.
