CAPTAIN'S BLOG: Court of Public Opinion

"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!?

Comments (1)

Law Enforcement and Court Communication + Interesting "Jury Voter" Interaction

by Captain Chuck Foster on 07/12/13

Posting for yesterday, Thursday, 7/11/13 --   Most of yesterday morning was spent talking with Canadian law enforcement officials. Focus was on Theresa Keeping and Dale Merkel's efforts to avoid being served with the Summons and Complaint, their refusal to communicate, and why additional civil/criminal charges of embezzlement, conversion and theft by false pretense related to the taking and using WishCruise Navy funding for personal Canadian property/business investments were foreseeable.
     I met with California Superior Court Clerk/Orange County during the afternoon to discuss Court documents for Canadian Law Enforcement officials as required by the Hague Convention, a treaty to facilitate cooperation in legal matters between foreign countries.
     Rec'd phone call informing me final WishCruise Pirate Adventures business plan will ready for review at 9:30 am today (Friday, 7/12/13).
     Evening Blog check indicated three people chose to use the comment template on the Captain's Blog site regarding recently published blogs. One said defendants are believed to be back in "Alberta." The other two were "verdict" votes; both voted "Justice" (not "revenge).
    Opting to not use the Blog comment link but contact me directly, 11 people chose to personally share their verdict decision and case-related comments: 10 of these people said they believe a "justice not revenge" approach to this case was their perceived objective. The 1 anonymous caller (with caller I.D. blocked) disagreed, however, and was quite insistent that "revenge" was the motivation, and used their loud, highly emotional vocal strength to share an impressive assembly of creative and colorful expletives.
-- RCF

Comments (1)

Revenge or Justice in Theresa Keeping/Dale Merkel Lawsuit?

by Captain Chuck Foster on 07/10/13

          Some have suggested the methods being used to serve a Summons and Complaint in a civil lawsuit have been “inappropriate” and “overly aggressive” to the point of appearing “revenge” is the motive and result, not “justice"!?
   “What’s it going to take to resolve this matter?” was another expressed concern.
     One dictionary defines “revenge” as “a thought or act with intent to Inflict hurt or harm on someone for an injury or wrongful act.”
          "Justice," however, seems to have many, even conflicting, definitions. In this case, I’ve chosen what applies to the Keeping/Merkel situation, that being, “action or treatment in proportion to repeated efforts to seek a timely, fair and just remedy with lawful accountability for caused injury and damages.”
    It has never been my intent to inflict hurt or harm, and whatever hurt or harm that Keeping and/or Merkel has received, and will continue to receive, is of their own doing. In fact, there is overwhelming physical evidence to show repeated and extraordinary effort has been taken, and continues to be taken, to bring about a fair and mutually beneficial result.
          Consider, however, it's been Ms. Keeping and Mr. Merkel who have refused to communicate, or even provide the name of an attorney to communicate on their behalf.
          It’s Keeping and Merkel who unlawfully took children’s wish charity funds to make private, personal investments.
          It’s been Keeping and Merkel who breached their fiduciary duty to inform company officers, directors and investors that a lawsuit had been filed.
          It was Keeping and Merkel who chose to hide from Sheriff’s process server;
          And it is my understanding and belief that it was Keeping who verbally assaulted and threatened legal action against their own business associates and investors because they’re concerned and want to take proactive steps to protect themselves from the legal consequences and negative publicity.
          The publicity was intended to serve several purposes, one being to alert others who are, or may be considering financial involvement with Ms. Keeping and/or Mr. Merkel.
          Another obvious reason was to assert pressure, be it from her self-guilt, embarrassment or anger, the objective is to bring about communication without which, there can be no timely, just, win/win result.
          The media publicity was also intended to stimulate a concerned public to get involved and help us locate Ms. Keeping and Mr. Merkel so they can be served with the Summons and Complaint after which they’d be subject to the jurisdiction, rules and findings of the California Superior Court.

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“What’s it going to take to resolve this matter?”

     Just last week, I again proffered what I believe was a good faith, fair and just Settlement and Release offer requiring only:
          1. Reimbursement of the initially promised $50,000 spent at Keeping's request and on her behalf, plus $25,000 for case-related legal and publicity costs incurred to date; and
          2. Return the $1.5MM "capitalization" funds to a trust/holding account for the agreed upon payment of WishCruise Navy flagship construction and WishCruise Pirate Adventures, Ltd start-up costs.
          *   In consideration for the above mentioned, litigation (including claims for general and punitive damages) would be dropped, and the negative publicity would stop. Most importantly, Keeping’s $1.5MM “capitalization” would be refunded in full within 24 months from the flagship’s completion date!

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THE VERDICT

____Revenge? - or - ___Justice?

This being the Court of Public Opinion, you're the jury so you decide!
You're also invited to share your verdict or ask case-related question?
-- RCF

Comments (3)

"OPERATION:LEMONADE" Making Something Good Out of Something Bad!

by Captain Chuck Foster on 07/09/13

     Remember the saying about turning a bad situation into something good? They called it "using 'lemons' to make 'lemonade.'"
     While fighting for justice, that being a remedy for the damages caused by Theresa Keeping and Dale Merkel, and to hold them accountable for their unlawful acts and omissions, there's a legal and moral duty to "mitigate and prevent further damages."
     Moreover, it's in the best interest of WishCruise Navy, its children's WishCruise, and its other community service programs, to repair and restore the Keeping/Merkel-caused damages.
     But why stop there? Given the opportunity to repair and restore, why not make the situation better than before? By "better," I mean replacing Keeping/Merkel with an honest, more resourceful, more reliable, more involved support partner, ergo, OPERATION:LEMONADE!
   Operation: Lemonade ("O/L") began with significant improvements to the www.wishcruisepirateadventures.org and www.wishcruisenavy.org websites, and commissioning two WishCruise Navy investor/sponsor recruiting tools: an Operations & Marketing Outline and an upgraded WCPA Business Plan.
     Due to the resulting media exposure, I've been contacted by people who, for philanthropy, positive publicity, tax deduction, and/or an investment return reasons, have expressed interest in providing the needed flagship funding and start-up operations capital. Some of these contacts specifically asked of there was an opportunity to fill the WCPA LLC "member/partner" vacancy created by Keeping's misconduct.
     While our S.O.S. (Save Our Ship) distress signal to save the WCN flagship and it's related programs is immediate, the replacement decision will not be rushed. And what we learned from the Keeping/Merkel experience will foreseeably help with our preliminary vetting and eventual replacement decision.
-- RCF

Comments (0)

Theresa Keeping/Dale Merkel Believed "Hiding" from Sheriff Deputies to Avoid Lawsuit Summons & Complaint Service

by Captain Chuck Foster on 07/08/13

     Since they won't communicate with me in person or through an attorney, given the defendants know a lawsuit has been filed, and have been provided with the contact at the Sheriff's office to coordinate service of the Summons and Complaint, I'm of the opinion that lawsuit defendants Theresa Keeping and Dale Merkel have decided to "hide" rather than face the charges against them.
   During this last weekend, the Sheriff's Deputy in the Newfoundland area made several unsuccessful attempts to affect service upon Keeping and Merkel, making visits to Keeping's resident, her Oceanview Estates development property, also Vinking Marine Enterprises and Port Harmon Authority which are businesses which Keeping/Merkel are company directors, officers and/or investors.
     As alleged by one Keeping staff person, Keeping and Merkel are currently "at their home in Cochrane/Alberta." It's suspected Keeping may be there for the annual Calgary Stampede celebration.
     The Deputy was instructed to hold the Court documents in case the defendants return to the Stephenville/Newfoundland area, or if the decision's made to affect service c/o of an officer or manager at Vinking or Port Harmon
     Accordingly, the Sheriff's office in Alberta was recontacted and directed to attempt service of process on Keeping/Merkel at their Cochrane residence address, or c/o of the company officers at Keeping's T.J. Signs company in Ft. McMurray, i.e., Keeping's daughter, Candice Keeping-Contave and/or her son-in-law, Bolivar Contave.
     While personal service is always preferred, Canada and U.S. law permit service by mail and/or publication. My decision to do both!
     Efforts also continue to obtain the name of defendant's attorney as to facilitate service of the Summons and Complaint, and as the Court requires, attempt to find common ground which could lead to a mutually beneficial Settlement and Release Agreement.
     From all indication, Keeping/Merkel withheld, and thereby failed to inform Vinking/Port Harmon executive management or investors of the WishCruise Navy problem - including the lawsuit filling or the resulting negative publicity. It's also believed that this was a breach of fiduciary duty, deceptive and/or negligent conduct for which a cause of action initiated by Vinking/Port Harmon against Keeping/Merkel may be appropriate, if not mandated.
    Another issue to be resolved is the return of money received by Stephensville Town Councellor, Cecil Stein, and The Building Depot president, Randy Simon. Both of these people are believed to have accepted from Keeping, Merkel and/or Vinking, what is believed to have been the LLC capitalization money designated for construction of the WishCruise Navy's flagship.
-- RCF

Comments (1)

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