No Trust
JUSTICE IS COMING...
- Joined
- 22 November 2010
- Posts
- 4,495
- Reactions
- 3,566
So does this law apply?
What is double jeopardy in Australia?
Double jeopardy. Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
Nonsensical - REALLY??? clearly with 107,000,000 hits, it demonstrates other people use the word "Squirrell" in their vocabulary and written expression.
Nope does not apply, to a totally new set of facts leading to a different crime...
Glad we cleared that up. So, he was guilty of not providing a report and not providing assistance to the liquidator. I would hope that there is a LOT more evidence to come demonstrating criminality. Surely something has to come out relating to his criminal intent, intent to deceive, intent to destroy evidence, threatening behaviour, flight risk, intent to defraud investor's etc etc to validate ASIC and AFP's behaviour. Banning a person for life from financial services and conducting raids with armed federal police are actions normally only undertaken for higher order criminal activity where an enforceable undertaking would not achieve an effective outcome.
As such, I look forward to seeing the substantial evidence ASIC and AFP captured pre, during and post the raids demonstrating serious criminality. It would also materially back-up Tucker's affidavit's which appear to have precipitated the moves by ASIC against EquitiTrust and McIvor.
Upon receipt of that evidence in the courts and the findings thereof, it will be interesting to see if and what charges arise against McIvor and whether or not the actions taken by the regulator and their enforcers were commensurate with the crime or deemed excessive and unconscionable in the circumstances.
We can't unwind the clock so it is as much a scrutiny of the regulator and federal police as it is of McIvor.
If McIvor is charged with serious offences and found guilty, then it is highly appropriate severe penalties follow. Who know's, if it falls as you predict "No Trust" "Tucker & McIvor" might be singing "Kumbaya" together in adjacent cells.......
Anyone can write anything on the internet... Even pretend to be or a man or a woman... its interesting to note though that your first post on this thread was on July 15th around the same date your story about Tucker and Kennedy "The Crooked Fiduciary" appeared on your bogus website Ampitup...
Come on........................................... We have been catfished by McIvor.......
And its for a reason which will appear in the next post.....................................................
US informal
lure (someone) into a relationship by adopting a fictional online persona.
"he was being catfished by a cruel prankster"
Ok idiots.... But what the F#ck do you actually do ???
Also what's your office number
http://www.miguardianfiduciary.com/about
Whilst it is not our usual policy to post replies on websites such as this, a valued investor has drawn our attention to the misinformation and untruths that have been posted and it would be remiss of us not to at least demonstrate their inaccuracy. That said, we do not feel that it is productive to enter into an ongoing dialogue re same and as such our posting will not be a regular occurrence. Viewers should not read anything into our failure to reply other than that we do not consider it to be an appropriate use of resources. In fact, in our view, those participating in this site are most likely not investors at all but rather disgruntled borrowers against whom we have been forced to act due to them defaulting on loans.
If any genuine investor has any concerns with their investment at Equititrust then, as always, we remain committed to addressing such concerns. Having said this, I think the appropriate way for this to be done is by them contacting us individually. As always, we shall be open and transparent in all our dealings.
By way of example only, I shall address the matters raised by “kostag” (whose name incidentally is strikingly similar to an associate of a former recalcitrant borrower of Equititrust’s) in his latest post of earlier today. I shall use the same numbering system as that adopted by him.
1. Funds from new investors have not been used to repay bank debt – such repayments (which total $96m) have been generated from loan collections. In addition, outstanding redemptions are actually approximately $40m and not over $50m as outlined as many have voluntary converted to term investments;
2. Changes to a Board are not at all unusual (particularly when one considers how long they have been on it). One only needs to look at the calibre of those that have joined the Board to see how the changes have strengthened the Board composition and not weakened it. I can confirm that the changes were instigated internally in order to provide a greater corporate governance framework and that both Mr McIvor and Mr Chaney expressed complete support for the changes;
3. Whilst the reference to MFS is hardly worth commenting on given the clear misrepresentation of the true position, it is worth noting that Mr David Anderson is not on the Board as outlined and at no time have either Mr Anderson or Mr Kennedy been castigated or criticised by the Court on any occasion regarding their involvement in MFS. Incidentally, Mr Kennedy was only at MFS for approximately 9 months and left some 6 months before it collapsed;
4. KPMG is one of the four largest audit and accounting firms in the world. It has a niche in auditing financial organizations and in fact is also the auditor of ANZ Bank, Suncorp and one of the largest banks in the world, HSBC to name but a few. It is also the only Big 4 firm with a serious presence on the Gold Coast and as such it is hardly of significance that both MFS and Equititurst shared the same audit firm (although it should be noted that the MFS audit was conducted out of Melbourne);
5. Staff resources have been increased in order to protect investor’s interests as a much greater degree of time is required to be spent monitoring and managing our loan book post GFC. This is consistent with similar increases in our Big Four banks loans management departments post GFC. It would be irresponsible for us not to have done this. The significant increase is costs is being entirely borne by the Responsible Entity and not by investors;
6. Landsolve was not created to take control of bad loans and not one single loan has been “moved across” to Landsolve as suggested. The birth of Landsolve is a recognition that the world post-GFC is a very different place and that development lending moving forward will need to be managed in a very different way. The suggestion that the financial reports “record little if any bad or default debt” is simply wrong. Almost $40m worth of loans have been impaired over the past three years to recognise falls in property values and potential unrecoverability of same. As Landsolve has no debt or any loans there is no “bad” debt hidden away as suggested;
7. The NAB LVR Ratios have not been breached as alleged. The rest of point 7 contains pre speculation which is entirely untrue;
Equititrust is supportive of the right for one to express an opinion but is concerned when posts such as those by Kostag and Olman contain numerous and repeated errors and conclusions that a reasonable person could not possible reach.
The facts speak for themselves:
(i) In its 17 year history no investor has ever suffered a loss with Equitirust;
(ii) Income distributions have always been paid in full and on time;
It is unfortunate that redemptions have been frozen and this is regrettable but we had little choice once the federal government decided to guarantee bank deposits and banks decided (notwithstanding such guarantee) to unilaterally curtail credit provision across the country. It is with some degree of pride that we have managed to pay distributions throughout – something that Commonwealth Bank’s own mortgage fund has not been able to do.
As I said at the beginning, any genuine investor can call us at anytime should they have any concerns about their investment. I personally invite both Kostag and Olman to contact me personally should they continue to have any concerns about the financial position of Equititrust and I will be sure to provide them with an transparent and honest assessment of same.
Regards
David Kennedy
Chief Executive Officer
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?