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Sometimes in life it pays not to point the finger........for there are three (3) pointing back at you. A simple glance at the number of times "Tucker" alleged certain information as though it were fact leaves one to think that his advice was without reproach and worthy of higher weighting.

For example, "Tucker alleges McIvor is desperate to recover personal losses in the Income Fund through a series of new deals and is not "a fit and proper person" to oversee the windups.

This is not "FACT" - this is a perception. A perception clouded with malintent and dishonesty as it appears to be turning out. But nonetheless, it is a perception that "Tucker" used to persuade many people, i.e., the courts, the receiver David Whyte (BDO), Worrell's, David Clout, David Kennedy, et al as to it's legitimacy.

An even more intriguing angle is the question of whether or not "Tucker" has influenced ASIC. Note that he met with ASIC on 10/10/11 - 2-days prior to being terminated as a Director of EquitiTrust (Refer court order 14 June 2017) and with the possibility of other meetings dating back to 1 July 2009.

I note in your recent writings "No Trust" #4306 refers "If ASIC does not make examples of those involved here, then ASIC and the system has failed.

ASIC is aware of what's occurred, now let's see how they respond..."


You are touching on some potentially sensitive material here and it could be partly the reason why ASIC is remaining so tight-lipped.

I was reading some material relating to the collapse of LM Investments when I became intrigued with the way the insolvency business transacts it's affairs. What took my attention in particular was an honourable insolvency "Officer of the Courts" a gentleman by the name of "Niall Coburn" (an ex senior employee of ASIC) making contact with Greg Medcraft (ASIC Chairman - the regulator) in Hong Kong raising concerns about LM Investments - https://www.google.com.au/url?sa=t&...836361&usg=AFQjCNHRD3gefaBsGtwC27-PetiH07PRRA

Now, generally speaking, this could be passed over as a couple of people having worked together in a past life just catching up; however when considered in context to what is going on in the current examinations relating to EquitiTrust, and the consistency with which certain names appear, I was compelled to look a little deeper.

Names arising in the LM Investments reports and affidavits include, Tucker & Cowen, David Clout, David Whyte, Amanda Banton, Asley Tiplady, Russell's, Piper Alderman, Justice Jackson, John Peden etal. With the same orchestra, but different theatre, I did a little research to find out a little more about "Niall Coburn."

It transpires that after leaving ASIC and FTI Consulting he represented "Ian Lazar" of EquitiTrust fame in 2014 - refer sydneyinsolvencynews.blogspot.com/2014/11/exclusive-ex-asic-investigator-and.html

Not that any of this amounts to any accusation or allegation, just worthy of noting that often "Birds of a feather, flock together." And, given that "Coburn" was working at ASIC during Tucker's dismissal and has an evident relationship of sorts with Medcraft (hence the meeting in Hong Kong), it will be interesting to see how much comes out of all the examinable evidence in the current proceedings.

The TRUTH seems to be unravelling a theme that has become all too apparent in the wake of the GFC. A theme that unfortunately raises serious questions as to the prevailing "culture" and "relationships" that exist between the "Insolvency industry," "Financial Services" and, and......
 
It all comes back to McIvor... He hired these idiots.

He also wanted his superannuation paid out in preference to investors...

None of this would have occurred if McIvor also hadn't made disaster loans to the likes of "King Con", Spottiswood,
Booth etc...

 

Agreed "No Trust" - it would appear vulnerabilities were exploited once pressure was applied. But, for the vulnerabilities to be there in the first place suggests systems and processes may have been inadequate, or too much dependency placed on one person's shoulders, or insufficient devolution and empowerment occuring? What are your thoughts?
 
McIvor was the master of his own destruction...

He was the shareholder and Chief Control Freak... If the public knew the lack of independence and cycloptic vision in making loans etc, no right minded person would have invested a single dollar...

Even wifey was relegated to the shack next door in the initial stages rather than being housed in Fraud Central Headquarters next door... After much protest she was rehoused FCH in a small office towards the back I'm told...


 
The clock is ticking to the final countdown... The Public Examination / Humiliation will be a bombshell...
 
Some are making bets as to whether Tucker will actually show up... Now the shoe's on the other foot he knows how merciless the Liquidator's Counsel will be...
 
This still makes me and "many" others laugh out loud... Sounds like a Whiny Little B#tch...

39
This issue is raised by subparagraph (c) of the final paragraph of Mr Tucker’s affidavit (see at [17] above) where he alleges that:

That the liquidators have already determined to issue proceedings against me (given the existence of a draft pleading, the failure to make any sensible enquiries of me and the unnecessarily aggressive nature of their solicitor’s correspondence to me), such that this examination seems to me to just a cross examination dress rehearsal or an attempt to gain an unfair forensic advantage.

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2017/2017fca0758
 
Oh "Davey Boy" did you not ever issue an unnecessarily aggressive letter to anyone...

Coward...
 

"No Trust" for people of certain professions, there is a saying "follow the money trail." For the life of me, I'm trying to work out how McIvor was ever going to gain advantage out of collapsing a going concern that he had grown from infancy? If I follow the money trail, I'm led to the insolvency profession and all it's hanger on's, not the skeleton of a bankrupt McIvor nor the carcases of innocent investors.

With concentration of players now beginning to occur in the insolvency profession, the evidence of corruption and malpractice will get buried deeper and be harder to uncover going forward. Add to this the plight of ASIC as described by "Niall Coburn" in his submission to a senate inquiry http://pn.i-uv.com/wp-content/uploads/2014/02/282.pdf and it becomes difficult to see where investors are ever afforded a fair go.
 
A Fair go Mate ?

 
Here's another Senate Submission SpatialG, familiar with it by any chance ?

http://www.aph.gov.au/DocumentStore.ashx?id=e57a1099-fa67-48e3-9e0a-bb3c5090342f&subId=31273

http://www.aph.gov.au/DocumentStore.ashx?id=e57a1099-fa67-48e3-9e0a-bb3c5090342f&subId=31273

Nice one "No Trust"...... I can see where you thought McIvor's submission might be familiar to me with use of the "very Australian" term "fair go." In fact, I hadn't seen that submission before, so thanks for sharing it. That said, while there are parts of it that make him sound maniacal, there are other aspects that appear logical and reasonable.

Oh, and I've just read another bit that you might have been wondering about, i.e., where in an earlier thread I raised the prospect of "Tucker" influencing ASIC at the meeting 2-days before he was terminated as a Director. I now see that McIvor has made this claim in his submission p5 "~ Director (read Tucker) uses influence to facilitate ASIC raid (28 officers including armed Federal police) to enable director/lawyer and insolvency practitioners to cripple operator and graft over assets for fees."

Now that's interesting, because my prior comments questioning Tucker's motive's were on the basis of "Follow the money trail." I tend to use a bit of a formula to determine motive when assessing a person's actions. In essence, I look firstly for a purpose and secondly for intent. I must admit, and perhaps you can help me; but I cannot reconcile the intent nor the purpose in a person wilfully decimating his "family’s entire net worth of $125m (and reputation)" p1.

On the other hand, and as you have frequently expressed, the track record of Tucker and Kennedy in particular; with prior's to their credit, could see that EquitiTrust was ripe for insolvency picking. And, once they were on the inside it would have been a fairly simple matter to identify the "assets of value" for later cherry picking, sound the distressed alarms, send in the cavalry, procure asset destroying valuations, back up the bank trucks to redeem first preference holdings and then hand over to liquidation and insolvency buddies to oversee honourable distribution of mega millions between themselves through various mazes of legal instruments. And only after the gorging is completed (a bit like a marabou on a carcass), is a few cents in the dollar returned to the long sufferring investor.

It's appears to me "No Trust" that for all of McIvor's faults (and there are plenty of them apparently) he wasn't that smart. He lacked the skill, knowledge and experience that could be alleged against these industry hardened insolvency experts in dismantling a going concern. There is no doubt from my research that EquitiTrust was on life support coming out of the GFC, but it needs to be recognised that significant weighting was given to "Disharmony on the board, in particular between Tucker & Kennedy on the one hand, and McIvor on the other" as being an impediment to continuance.

Unsurprisingly, the disharmony is referred to at 19c of the following Affidavit http://equititrust.com.au/Pdfs/Notifications/20111118/Affidavit_Paul_Vincent_sworn_18112011.pdf and is mentioned as being relevant over the preceding 12-months. Interestingly Kennedy had been on the board only 16-months and Tucker 13-months.

In the same Affidavit, clauses 23-26 show Paul Vincent strongly preferring controlled wind up of the entities in preference to appointment of multiple insolvency practitioners who could diminish funds by between $30 & $40million. How prophetic this has turned out to be.
 

"No Trust" - a lot has been said about the disastrous loans McIvor wrote and I don't disagree - to me it demonstrates a lack of systems preventing transaction of deals carrying unacceptable risk. That said, obviously McIvor got by for 13 - 17 years depending on who you believe by picking more winning deals than losing ones. It's similar to someone choosing to play the stock market on the basis of winning 40% of the time, but the wins are allowed to run to much higher profits, where losing trades are minimised through Stop Losses.

I suppose that's the reality of business. No two people run things the same way, but in the middle of GFC I'm not sure anyone picked the Australian Government as being spooked enough to introduce the Bank Deposit Guarantee legislation which guaranteed and favoured deposit taking institutions and completely overlooked the mortgage fund industry. Again, using the principle of "Follow the money trail" - where did the money go? Clearly the money was withdrawn from those institutions not covered by the legislation and deposited into those that were covered.

This offered the banks a massive free kick which they utilised to the max. Placing demands on fund managers for millions of dollars at short notice and then defaulting them for non payment. I'm certain EquitiTrust was not the only fund manager caught out by the unconscionable conduct of the banks who were effectively underwritten by all Australian Tax Payers thanks to the Australian Government Deposit Guarantee Legislation.
 
Look it's clear to all with functioning frontal lobes that SpatialG is none other than "Marky Boy" McIvor...

Welcome to the thread "Marky Boy"

 
Look it's clear to all with functioning frontal lobes that SpatialG is none other than "Marky Boy" McIvor...

Welcome to the thread "Marky Boy"

Hmmmmm, how do you want me to respond to this "No Trust"?

Should I be "Proud" to be called "Marky Boy" or should I be "Offended"?

Should I be saying - Wow, Awesome, Amazing, Incredible - someone has put two and two together and found me out?

Or, should I be saying - This "No Trust" bloke is a lunatic, how could he possibly come up with this assertion?

Or, should I be saying - perhaps "No Trust" has become so engrossed in this matter that he has lost all sense of reasoned analysis or, he lacks the ability to see things from another angle (A cardinal sin in the investigative world)?

So here's the rub..... and I will let you work it out for yourself. I'm not going to confirm or deny your assertion. I'll even give you a tip; show a little patience in the use of your frontal lobe - don't go jumping to conclusions, because about now you're potentially sitting back thinking you have done a marvelous job problem solving this, and with investigative prowess nailed your conclusion that I am "Marky Boy."

Consider the following questions when arriving at your conclusion;
  • Have you eliminated all other possibilities for who SpatialG could be?
  • If you were prosecuting me, what evidence would you use to have me found guilty as being "Marky Boy"?
  • What are the characteristics that SpatialG possesses that concludes he is "Marky Boy"? i.e., age, marital status, location of birth etc.
  • Does the writing style of SpatialG align with that of "Marky Boy"?
  • Does SpatialG even live on the Gold Coast - a place "Marky Boy" has called home for forty plus years.
  • Has SpatialG ever claimed a legal and financial services background in any of his writings?
  • Is it possible that SpatialG is actually aligned with "No Trust" in wanting the truth to come out in relation to the whole EquitiTrust matter, but is just coming from different angles and with a different life experience?
  • Would Stacey Turner or David Tucker agree with your conclusions were they ever to meet SpatialG?
As I said in a previous post - I respect the research and effort you have put in to this matter over a long period of time "No Trust", but it could be counter productive to jump to conclusions just as the TRUTH is beginning to unfold.

Over to you Champ........I've got a bit more research to do.

SpatialG

Today's "To Do" list;
  • Check the land holding's in Bowen that Kennedy was trying to get hold of. Date: 11.01.13
  • Check liquidation documents of CityPacific, MFS and Centro to see if the names Tucker, Kennedy, Clout, Whyte, Peldan, Cook, Russell's, Pleash, Albarran, etc appear. Date: From 1 August 2009
  • Check details of ASIC allegations against McIvor - were they adminisrative, civil or criminal in nature? Date: Around October 2011
  • Check BDO/Tucker & Cowen matter relating to "Valencia Grove" offer. Date: 03.09.12
  • Check BDO/Tucker & Cowen matter relating to "National Resorts Loans" and priority to EIF. Date: 06.09.12
  • Check BDO/Tucker & Cowen matter relating to "Handley Heights," "National Resorts," "Newton" and EPF Date:10.09.12
  • Check David Whyte meeting with Tucker & Cowen and David Kennedy regarding several loan matters/priority positions/realisation of assets. Date: 17.10.12
  • Check details of AET SPV Management P/L ACN 088261349
 
Very long winded response, but no simple denial... Oh "Marky Boy" no one else in the world would ever defend you, EXCEPT YOU !!!

 
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