The story of North America's First Sikh billionaire, Erwin Singh Braich
The story of North America’s First Sikh Billionaire
Erwin Singh Braich, the first Sikh Billionaire in North America is a name not as familiar to the community as it should be. The story of the first Sikh Billionaire is a saga with many twists and turns, including what Erwin and his associates claim involves an attempt to erode, and extinguish Erwin Singh’s reputation and empire by certain conspiring parties. Although the exact story of Erwin Singh’s rise to success appears to be a seemingly lengthy and complicated tale, it may be more easily understood, simplified.
Erwin Singh Braich is the son of Herman Singh Braich (1911- 1976), a successful businessman and forest industry pioneer who immigrated from Punjab, India, to Canada in 1927 and passed away in 1976. After his untimely death, his son, Erwin Singh Braich, at age twenty, left his studies at Simon Fraser University in Burnaby, British Columbia, to assume control of his father’s businesses. In the subsequent years, he built his family businesses into a multi-million dollar conglomerate, further expanding what his father had begun. He accomplished all of this while juggling his many duties as the eldest son in a family of nine, along with his role as husband, and father of two children.
As a successful businessman, it is said that Erwin Singh Braich was also a quiet philanthropist giving back to his community in many ways including:
- The major source of funding in the planning and construction of the Mission Gurdwara. Mr. Braich donated in excess of one million dollars, but this was overshadowed by the lead role he played in selecting, purchasing, and garnering approval at all levels for re-zoning of the five acre parcel on which the Gurdwara was eventually built.
- Assisting to rebuild the B.C. Sports Hall of Fame, which was relocated to B.C. Place Stadium from the Pacific National Exhibition (PNE). By contributing in excess of one-half million dollars; Braich’s contribution was honoured by a Special Exhibits Gallery being named after him.
- A several hundred thousand dollar donation which led to the construction of the Erwin Singh Braich Sports Complex at the University of the Fraser Valley.
- Paid for hiring Douglas Cardinal, a Governor General Award winning, and one of Canada’s most distinguished architects, to design the master plan and concept at the Xa:ytem Longhouse Interpretive Centre, a Sto:lo First Nations site located in Mission. Mr. Braich has been honoured by the First Nations by being given the title of Si:yam, which means respected leader
But, in a twist of fate, Erwin Singh’s ability to personally fund community projects was hampered in 1999. Erwin Singh Braich was subjected to what some say was a malicious court ordered proceedings, allegedly illustrating the harsh realities of surviving as a Sikh businessman – the ultimate minority in a cut-throat world.
Erwin Singh Braich says he was and is the victim of:
- Being petitioned into an involuntary bankruptcy, which was done in a failed attempt to extort money from Braich and Trusts which he controlled.
- Reckless and unprofessional behavior by Trustee in Bankruptcy (KPMG) which led to losses in excess of $800 million dollars.
- Shoddy and negligent police investigations and abuses of power by Government agencies.
Erwin Singh Braich continues his fight in the court of law today and upon conclusion of the legal proceedings he has pledged to continue fighting injustices to the community and has personally vowed to fund and rebuild community institutions to protect the interest of Sikhs and ensure its continued empowerment.
KPMG Facing $2.4 Billion Racketeering Lawsuit
Second Straight Supreme Court of British Columbia Chief Justice – Robert Bauman – grants KPMG’s attempt to stifle Freedom of Speech
Vancouver, B.C. April 7, 2010 – Oracle Media has learned that a Court Order to silence a local magazine was pronounced by the recently appointed Chief Justice of the Supreme Court of British Columbia, Robert Bauman. This pattern of muzzling the truth and free speech against all residents of British Columbia and/or select media outlets continues a trend started by the former Supreme Court of British Columbia Chief Justice – Donald Brenner. Mr. Brenner has now returned as a lawyer to a Vancouver law firm upon his sudden and surprising early retirement.
The staff of KiDDAA Magazine (www.kiddaa.com), received on Thursday, March 4, 2010, via email, a Notice of Motion by KPMG’s counsel (Gudmundseth Mickelson LLP – www.lawgm.com). This was entered into the Vancouver Court Registry on March 2, 2010; as well as a hand-written Short Leave Application. Both were surprisingly granted, on an ex-parte basis by Honourable Chief Justice Bauman on March 3, 2010. This Motion is in regards to the decade long involuntary bankruptcy matter of, well-known Canadian philanthropist and industrialist, Erwin Singh Braich, 54, (Action No. 193466VA99 – Vancouver Registry). Along with others, KiDDAA Magazine had been reporting on the matter for several months.
It was during this period of time that KiDDAA Magazine temporarily faced some rather harsh treatment from Facebook for some of the content that was posted relating to this matter.
KiDDAA Magazine had their account suspended and was forced to go offline, at the urging of “certain parties”. Facebook restored KiDDAA Magazine’s account, including all content, shortly after the magazine deployed their legal advisors.
In a strong and detailed letter to the court, it was clearly made known that the magazine obviously had only one business day – Friday, March 5, 2010 – to retain a lawyer for the Monday, March 8, 2010, morning Chambers Hearing. The lightning speed at which KPMG, their counsel and the Court proceeded is allegedly only one of the many violations of statutes, court guidelines, policies, and ultimately the Charter of Rights and Freedoms which has been committed by these parties.
The letter further goes on to apprise the Court that the motion filed by KPMG is a “clear violation of our rights under the Canadian Charter of Rights and Freedoms” and that, “Any decision pronounced in haste, would only serve to oppress others in the future, as any decision pronounced……could be relied upon by others trying to violate Freedom of Speech and the Charter Rights of Canadians”.
The letter ends by stating, “In our humble opinion, to blame KiDDAA Magazine for any activity that is considered disparaging without proof thereof is simply unacceptable in Canada”.
To read the letter please click here: www.kiddaa.com/03-07-2010KIDDAA.pdf
It seems that it is no coincidence that the Braich matter once again drew another Chief Justice and/or Associate Chief Justice.
Oracle Media has verified that none of the Affidavit material that was relied upon by the Court to make their quick decision, was scrutinized and/or cross-examined, as has been the case for ten years in this highly unusual, and unprecedented involuntary bankruptcy proceeding.
The Affidavits and/or Declarations that former KPMG Senior Vice-President Robert Rusko filed in Vancouver, B.C. and in Seattle, Washington, have never been allowed to be put under any scrutiny whatsoever, yet they were relied upon again to pronounce yet another decision.
In addition, Oracle Media has learned that a few weeks ago Mr. Rusko suddenly severed ties with his long time employer, global accounting giant, KPMG.
Robert Rusko was the last of the employees that had worked on the Braich file to leave KPMG. Prior to his departure, David Wood, Stephen Boale and Darren Bidulka, who all had worked on the file, had left the firm.
It is alleged by Mr. Braich and his creditors that David Wood and Vancouver lawyer, Brian McLean, assisted in orchestrating the unlawful raid of Mr. Braich’s motel room in Bellingham, Washington. It was shortly after the raid and just after Madam Justice Morrison ruled that Brian McLean had a conflict of interest, that David Wood departed from KPMG.
When calling for comment, California based Quantum Media, among others, was not given any forwarding information, and has been unable to locate Mr. Rusko.
After David Wood left KPMG, he and Stephen Boale started their own firm (www.boalewood.ca) and have handled other matters for Brian McLean and Glenn Walsh (http://www.boalewood.ca/corporate-matters/tercon-mining-pv-ltd.-updated-august-2008.html).
When contacted by Quantum Media, David Wood refused to speak about the matter and Stephen Boale lied by stating he had left the firm some ten years ago, and was “glad” he was no longer with KPMG and that he had “nothing” to do with “those guys”. Documents bearing his signature clearly indicate he was still working there less than ten years ago.
To read some of the questions that David Wood, Stephen Boale and Brian McLean, still refuse to answer please click here;
To read more about Robert Rusko please click here >>>
After Mr. Braich’s room was raided in Bellingham, Washington, some of the documents that were illegally removed from his room, found there way into the hands of the B.C. Securities Commission. The Braich team of advisors possesses written correspondence from the B.C. Securities Commission that they never requested any of the documents that were sent to them. This dissemination of documents to the B.C. Securities Commission and subsequent dissemination of documents to the Alberta Securities Commission will also be part of the RICO litigations that will be filed in the United States. A civil rights lawsuit was filed in Seattle, Washington, on February 2, 2007.
A very important electronic tape recording of the approximately 4 ½ hour meeting between Robert Rusko, Stephen Boale, the alleged bankrupt and another witness, has never been returned. This extremely comprehensive meeting which was taped by mutual consent, included many assurances, acknowledgments and agreements between the parties. The subject meeting took place in early 2000.
The B.C. Securities Commission also confirmed that they had not dealt with Erwin Singh Braich since he started Braich Capital Corporation in the late nineties. Braich Capital Corporation was a public offering with an issue size of $150 Million.
Braich Capital Corporation was an entity that was formed with the advice and approval of many of Canada’s top advisors including accounting giant Ernst & Young (Edmonton) and Bull, Housser & Tupper LLP (Vancouver).
Ironically the current Chief Justice of the Supreme Court of Canada – Right Honourable Beverly McLachlin (the first woman ever to be appointed as Canada’s top judge), once practiced at Bull, Housser & Tupper LLP, as did the current Chief Justice of the Supreme Court of British Columbia, Robert Bauman.
According to court records, one of the bankruptcy and insolvency experts that advised a lawful creditor of Mr. Braich, (Mr. Satinder Dhillon), did so while practicing at Bull, Housser & Tupper LLP.
Oracle Media has been informed that a writer formerly employed by the Business in Vancouver newspaper, Brent Mudry, will also eventually receive a subpoena from the United States in regards to some of the libelous, and poorly researched articles he wrote in 1999, about Erwin Singh Braich.
Court records indicate that KPMG’s current lawyers, Howard Mickelson and Jonathan Tweedale, were and are not approved by the majority of lawful creditors. These records also reflect that Mr. Mickelson was present in 1999, at an improperly convened first meeting of creditors (which was pronounced to be improperly convened by the Supreme Court of British Columbia on September 12, 2000). In over ten years there has yet to be a properly convened first meeting of creditors pursuant to the Bankruptcy and Insolvency Act.
At this meeting it appears that attorney Mickelson was representing a creditor, however this was not the case. His client was paid in excess of $1 million by the world’s largest accounting firm, PriceWaterhouse, to purchase the unsecured debt of Mr. Braich. Subsequent to his representation of a former lawful creditor (Pat Power Forest Products) then Mr. Mickelson becomes the sole counsel for KPMG.
Despite having no lawful creditor as a client, Mr. Howard Mickelson took an active role during the improperly convened meeting.
To read more about the B.C. Supreme Court Chambers Hearing, where a proper first meeting of creditors was ordered to be held, please click here >>>
During the Chambers Hearing on September 12, 2000, B.C. lawyer Steve Postman, who then practiced at McLean & Armstrong, represented a petitioning creditor, Glenn Walsh/Tercon Contractors. Mr. Postman has for some years been employed by the Canadian Department of Justice (source >>>)
Astoundingly, KPMG failed to invite and/or notify the alleged bankrupt and the only secured creditor (Clock Holdings Ltd.) pursuant to the Bankruptcy and Insolvency Act.
At the improperly convened meeting KPMG was represented by Mr. Robert Rusko. Acting as the Chairman of the meeting was Mr. R. McFadden from the Office of the Superintendent of Bankruptcy. Mr. McFadden was also the one that confirmed the appointment of KPMG, even though the meeting was improperly convened.
Shortly after learning about this improper meeting, Braich sent a single spaced type-written seven page letter to KPMG relating to the facts in the subject matters. The contents of this letter were not limited to the topic of the appointment of Inspectors.
This letter was widely distributed, and almost immediately after receipt, Mr. Chris Calverley who also was appointed an Inspector at the time on Braich’s file, and a manager at Scotiabank in Mission, B.C., resigned his position as Inspector. Strangely, Mr. Calverley remains to this day the manager of this branch in Mission, B.C. as he was at the time of his appointment as Inspector.
It is alleged that the monetary damages suffered by Erwin Singh Braich, and his creditors, exceed $800 Million. This link provides some insight into Braich’s overseas holdings, click here >>>
To read more about recently appointed Chief Justice Robert Bauman, and the enormous amount of power a Chief Justice holds; such as the sole authority over assigning cases to judges in his court, granting requests for early trial dates, asking for meetings with other judges, the power to decide who will hear applications concerning the validity of search warrants or whether the information to obtain these search warrants should be sealed from public scrutiny, please click here >>>
To read more about Erwin Singh Braich, a former Mission, B.C., Citizen of the Year, and recipient of the International Business Person of the Year award please click on the links below:
In late 2007, former Chief Justice Donald Brenner derailed the civil rights lawsuit that was filed by Braich in Seattle, Washington. This decision also relied upon the Affidavits that were filed by Mr. Robert Rusko. None of the Declarations filed by Mr. Rusko in the U.S., under penalty of perjury, or the Affidavits he filed in Canada were ever allowed to be cross-examined. Somehow, Mr. Rusko has avoided judicial scrutiny at every turn, thus far.
The former Chief Justice’s decision effectively barred Braich from continuing his U.S. lawsuit, that was already several months old at that point. In this dispute both the Government of Canada and The Royal Canadian Mounted Police (RCMP) had settled out of court with Braich prior to Brenner’s roadblock. The U.S. lawsuit was originally assigned to U.S. District Court Judge John Coughenour.
Just prior to the case being assigned to former B.C. Chief Justice Donald Brenner (for a last ditch effort by Defendants KPMG and others at thwarting the Braich lawsuit in the State of Washington), Judge Coughenour had pronounced a favorable interim decision for the Plaintiff Erwin Singh Braich.
To read more about that case please click on the links below:
It was only after attorneys for Plaintiff Braich served KPMG International in Toronto, Ontario, pursuant to international treaties, that the trustee in bankruptcy decided to make any comment on a voluminous and comprehensive Statement of Affairs. This Statement of Affairs was filed by Braich many years earlier.
To read more about Erwin Singh Braich, and this unprecedented and historic matter please click here:
To read more about a related matter; known as the Clock Holdings Ltd. v. Bridgewater Properties Inc. et al litigation, involving prime waterfront property located in Mission, B.C. please click here >>>
Shelley Fitzpatrick of Davis LLP (Vancouver) and James Carphin of Fasken Martineau Dumoulin LLP (Vancouver) represented two of the Defendants in the Bridgewater litigation. In a brazenly unethical and questionable maneuver, Shelley Fitzpatrick represented a Defendant who is a co-trustee of the Estate of the Herman Singh Braich Sr., Deceased.
She assisted Mr. Erwin Braich’s brother, Bobby Braich, in the petitioning of Erwin Braich into an involuntary bankruptcy. She was instrumental, as was her client Bobby, in the original transfer of the prime waterfront property while she was practicing law at the now defunct Vancouver firm – Campney & Murphy.
As fate would have it; former partner at Campney & Murphy, Justice Peter Lowry, pronounced the ill-considered Receiving Order on October 1, 1999.
Incidentally the presiding Supreme Court of British Columbia judge (Justice Peter Lowry) had never previously seen any single item relating to the often adjourned Petition when returning from lunch on October 1, 1999. In fact, in the morning session on the very same day the matter was actually heard by Justice Duncan Shaw. Not a shred of meaningful evidence was placed before Justice Peter Lowry on which he could intelligently base his decision.
Recently Justice Lowry (now serving on the Court of Appeal in British Columbia), ruled against Braich’s only secured creditor (Clock Holdings Ltd.) and prevented Clock from pursuing its claim against Bobby Braich, Bridgewater Properties and others (source page 6 of 20 >>>)
Oracle Media has been informed that the properties which were the subject of the Clock Holdings/Bridgewater Properties litigation are a major component of the Braich family waterfront real estate holdings, in Mission, B.C. Oracle Media has also been informed that these properties are soon likely to be offered for sale in excess of $100 Million.
It is simply astounding that the dispute in the Clock Holdings/Bridgewater Properties litigation revolved around the transfer price of less than $500 thousand for the subject properties. Madam Justice Dickson who was appointed by former Chief Justice Brenner to the Clock/Bridgewater trial(spanning two weeks in 2008) concluded some eight months after the trial ended, that the transfer price was not improper or was in any way a violation of the B.C. Companies Act.
Another remarkable fact is that the Trustees of the Estate of Herman Singh Braich Sr., Deceased, have failed to pass accounts pursuant to the Rules in B.C., for approximately 13 years.
James Carphin, Q.C., who retired approximately two years prior to the Clock/Bridgewater trial, from Fasken Martineau Dumoulin LLP, was the subject of an official complaint that was filed with The Law Society of British Columbia by Erwin Singh Braich. This complaint is the only complaint that Mr. Braich has ever lodged against any attorney in British Columbia, or to any regulatory body globally, in 34 years of conducting business.
In the Clock/Bridgewater lawsuit, former Chief Justice Donald Brenner was not only in charge of assigning Madam Justice Gail Dickson; but was able to, as quoted in the recently published Georgia Straight article (hyperlink above), “ask for meetings” with Madam Justice Gail Dickson.
Oracle Media has been informed that RICO (Racketeer Influenced Corrupt Organizations Act) litigation is being prepared and will most likely be needed to bring certain people under oath, finally, to get the truth once and for all. Oracle Media has also learned that with respect to certain portions of the Braich matter, key witnesses may not be protected by the shield of Judicial Immunity.
There are indications that certain acts are alleged to have been committed by involved parties well after a Chambers Hearing on July 12, 2009, in the Supreme Court of British Columbia. At this hearing all persons involved in the administration in this decade long sordid affair were given retroactive blanket immunity, by then Chief Justice Brenner, from being sued whatsoever.
Although KiDDAA Magazine has complied with the recent Order pronounced by the Court in Canada, KPMG has violated several Court Orders throughout this matter.
Further, in regards to the Order that was pronounced on September 12, 2000, KPMG also did not comply with another Supreme Court of British Columbia Order that was pronounced by Madam Justice Loo, with regards to a multi-million dollar real estate asset (which was on the list of Mr. Braich’s Statement of Affairs in 1999 as prepared by KPMG).
This property was, and is still known as the “Sandy Hill” property. Wrong-doing and/or negligence by KPMG, Homelife Glenayre, Jim Braich (Mr. Braich’s cousin), John Hext (deceased), and many others, is alleged by Erwin Singh Braich and his creditors.
Over the course of approximately 2 years, after the involuntary Petition was granted, the Sandy Hill property had more than 15 caveats placed on it at the Land Titles Office in New Westminster, B.C. These individual caveators included people from all walks of life; each and every one a lawful creditor of Erwin Singh Braich.
Oracle Media has been told that the Sandy Hill matter, along with matters related to Gold Coast Resources, Inc. (certain shareholders of Gold Coast list Homelife Glenayre’s former offices in Abbotsford as their registered address), the Luxor Group of Companies (who are said to be doing business in Alberta, Liberia, Ghana, and the Democratic Republic of Congo), the LOM Group, Minetech International Limited (who now have an office in Ghana), Gowling Lafleur Henderson LLP, and other parties will be named in interrelated litigation, relying on RICO statutes in the near future.
In another litigation, a former American Judge – Bryant E. Berhrmann – who was named in a civil lawsuit by The Peregrine Trust in April of 2004 (Action No. 0401 – 06677 >>>) plead guilty in a Federal Court in Portland, Oregon, on June 5, 2009, and was sentenced by District Judge Anna J. Brown to serve six years in prison (to be followed by three years of supervised release). To read more about Bryant E. Berhmann, his crimes and sentencing please click here
Joseph Kingsley Annan (alleged to be the nephew of the former United Nations secretary Kofi Annan), along with Canada’s second largest law firm – Gowling Lafleur Henderson LLP, including their former lawyers Ken Phillips and Terry Knight, are also named in the civil litigation mentioned above. To read more about this lawsuit click here:
Oracle Media has learned that KPMG’s original counsel (preceding Howard Mickelson) Brian McLean, was issued a subpoena in a lawsuit that The Peregrine Trust filed in Clark County, Nevada. Mr. McLean has refused to voluntarily answer questions for approximately three years. Court records, namely Affidavits filed by Mr. McLean, state that the former KPMG lawyer had made contact with Defendant Patrick Hannon’s attorney in the United States.
To read more about the lawsuit in the State of Nevada (including a Default Judgment in favor of The Peregrine Trust) please click here >>>
Bobby Braich, Erwin Braich’s younger brother, who assisted Brian McLean’s client, Glenn Walsh (a resident of Kamloops B.C. and Valetta, Malta) in his attempt to extort Erwin, was also issued a subpoena in connection with the lawsuit mentioned above. Bobby has also refused to answer questions.
Bobby Braich, who was a secured creditor prior to the Petition, gave up his security and became an unsecured creditor, to assist Glenn Walsh/Tercon Contractors Ltd. in petitioning his brother into involuntary bankruptcy. Bobby is alleged to have knowledge relating to Gold Coast Resources, Inc. and Global Online Direct among other related matters.
Bobby Braich committed mail fraud by illegally signing for Erwin Braich’s registered mail, while Erwin Braich was in Europe, (the demand letter, which Erwin was unaware of having been sent, was authorized to be sent by Ms. Shelley Fitzpatrick of Davis LLP), to assist in injuring the lawful creditors and Erwin Braich. In Canada tampering with someone’s mail and/or forgery is a serious crime and punishable by incarceration.
Oracle Media has learned that Bobby Braich will be pursued for monetary damages by various creditor groups for his actions. This will be in addition to any matters stemming from the civil RICO private prosecution, which will be eventually filed from the United States. The link below is the lawsuit from which the subpoenas were issued to some 175 individuals:
To further highlight alleged tortious interference, Honourable Madam Justice Morrison of the Supreme Court of British Columbia, in another Chambers Hearing several years ago, pronounced that Mr. Brian McLean had a conflict of interest in the Braich matter and could not represent KPMG, relating to certain sections of the Bankruptcy and Insolvency Act.
This very same conflict of interest was repeatedly pointed out in writing, to concerned parties, by Mr. Braich for several years. The Supreme Court of British Columbia agreed in 2004. To read about how Mr. McLean manipulated the judicial system please click here >>>
The letter that was written (see link above) to the Agent for the Attorney General of Canada, and is attached in the Declaration above, summarizes how duplicitous and improper Warrants for the arrest of Mr. Braich were obtained by KPMG.
This letter also explains how KPMG agreed to the appointment of Mr. Jas Butalia (a senior tax advisor at BDO Canada LLP – Calgary office) to act as an Inspector on Braich’s bankruptcy file.
Mr. Butalia was Glenn Walsh’s tax advisor at the time he was appointed an Inspector and therefore had a conflict of interest, according to Braich and his creditors. Mr. Butalia was the individual who gave instructions from a payphone located in a downtown Calgary hotel, to authorize the wiring of 500,000 Great British Pounds Sterling. These funds were wired from an account at Hambros Bank, located in an offshore jurisdiction to Norton Rose, a law firm representing Braich in London, England.
Mr. Butalia has not returned any phone calls asking for comment.
Seven (7) quasi-criminal charges were laid by the Crown and held over Mr. Braich’s head for approximately six (6) years. Remarkably they were dropped on the eve of a three week trial that was set to be heard by the Associate Chief Judge of the Provincial Court of British Columbia (Anthony J. Spence).
Each and every one of these charges was stayed shortly after Braich had decided to represent himself. In so doing; seventy (70) subpoenas were issued for various individuals to give sworn testimony at the trial. These subpoenas included Robert Rusko, and the four other witnesses that the Crown had relied upon and was expecting to call to support their allegations.
Oracle Media has learned that for the entire six years Braich refused to accept a plea-bargain from the Crown for a nominal $500 fine for one guilty plea on any one of the seven charges. Previous to handling matters himself; Braich had spent some $285,000 for the services of some of British Columbia’s best legal experts, while making no progress.
It appears that Mr. Braich’s right to a speedy trial in the matter mentioned above was either overlooked or ignored. Oracle Media has learned that Mr. Braich and his creditors will be pursuing this matter separately in a competent court.
Once again the parties that are alleged to have caused Mr. Braich and his creditors much damage over ten years, managed to side-step giving testimony under oath, as has been the pattern in this ten year saga.
Oracle Media has also obtained a letter that the office of the Attorney General wrote to Mr. Michael McCormack (a creditor of Mr. Braich), which dealt with a number of topics. With regards to the unbelievable six year boondoggle as described above, this Provincial Authority states “The provincial Ministry of Attorney General had no involvement”. Rather the letter points the finger at “the federal Minister of Justice and Attorney General of Canada”.
Dr. Penner is the Deputy Registrar of the College of Dental Surgeons of British Columbia. He also appeared before former Chief Justice Donald Brenner on July 12, 2009, to make submissions to the Court and, in fact, filed his own Motions to have Robert Rusko and others questioned. All of his submissions and Motions fell on deaf ears.
In order to review the sworn testimony of Dr. Alex Penner (a creditor of Braich who had flown to Bulgaria and viewed several hundred millions in assets) please click below to read a Declaration he filed under penalty of perjury in the United States.
It is a well-known fact that books and ultimately documentaries and screenplays are being developed at this time. The Braich case is already being studied at some post-secondary educational institutions in Canada.
In yet another bizarre twist, it has been alleged that a Government of Canada Border Services Agent, was working undercover and posed as a writer when she responded to an advertisement placed in the Georgia Straight newspaper relating to the screenplay being written about this saga.
Certain creditors of Mr. Braich’s have voiced many other abuses and wrongdoings by various parties involved in the administration of this involuntary bankruptcy.
Without limiting the foregoing, these include improper cancellation of multi-million dollar fully pre-paid life insurance policies that were held by the involuntary bankrupt; failure to insure the contents of Mr. Braich’s residence (which was subject multiple burglaries); failure to protect the alleged bankrupt’s assets generally and continued refusal to provide creditors with a copy of any part or portion of the file in their possession. These items are precisely governed by the Bankruptcy and Insolvency Act.
In 2002, KPMG’s first choice of counsel Mr. Brian McLean actually thwarted an effort that was made by the involuntary bankrupt to repay all of his creditors in full including all accrued interest. In another unethical maneuver by Mr. McLean; convinced a Supreme Court of British Columbia judge to improperly usurp funds that were on deposit to purchase real estate in Vancouver, B.C.
Oracle Media and many other observers believe that never has the Bankruptcy and Insolvency Act been so recklessly disregarded by a Trustee, Officers of the Court and other parties who have fiduciary obligations to the creditors in a bankruptcy proceeding.
Canadian Tax Authorities Agreed With Erwin Singh Braich Over Ten Years Ago; Questions Remain as to Who is Truly Pulling the Strings in this Muzzling and Persecution
Despite facing tremendous obstruction and having his rights grossly violated; Braich becomes one of the world's wealthiest people
February 15, 2013 - New York - Erwin Singh Braich, 57, one of the world’s fifty wealthiest people and his advisors have finally obtained evidence pertaining to what could be one of the largest income tax fraud schemes in the history of Canada.
Braich and his team have asserted from the outset of a legal dispute in 1999; that a Petition that was filed against him in Vancouver, British Columbia, by Glenn Walsh/Tercon Contractors was fraudulent. The Petition was designed, in part, by lawyer Brian McLean in order to extort hundreds of millions of dollars from Braich and Trusts which he controlled.
When contacted for their comments, Braich and his supporters said they felt “vindicated”.
Despite what certain accounting, legal, law enforcement and government officials did along the way, in order to thwart the truth from being revealed, the majority of personnel involved and employed by the government of Canada had been in agreement with Braich and his advisors.
"According to estimates of Trusts that Braich controls, the net aggregate value puts him at being the second richest person in Canada and makes him one of the top three wealthiest Indians in the world today, along with Mukesh Ambani (Reliance Group) and Lakshmi Mittal (ArcelorMittal). But much like Ratan Tata who himself in a personal capacity does not show up on any billionaires lists in the world and utilizes Trusts, Braich also conducts his business activities through various Trusts," stated lawyer Jamshed Mistry who is a member of the Canadian Bar Association and is Senior Counsel on the Central Government Panel for Advocates of the High Court of India.
Furthermore, it was repeatedly alleged by many that the entire administration of Braich’s affairs was grossly mishandled by global giant KPMG and other professionals. It is alleged by Braich and his lawyers, that there are at least 27 significant and quantifiable actionable offenses against KPMG and its agents, servants, or employees. These range from improper cancellation of multi-million dollar, fully pre-paid, life insurance policies, on the life of Mr. Braich, without consultation or proper notice, in order to pay KPMG's own billings; to the loss of ownership in various globally recognised industrial entities.
The entire process was mired with many individuals conspiring to prevent the truth from surfacing. This includes shocking muzzling Orders that were issued by the former Chief Justice of The Supreme Court of British Columbia.
To read more about these muzzling orders please visit:
Throughout this entire debacle, the common theme of ignoring various laws and statutes as well as, from time to time, the Canadian Charter of Rights and Freedoms, is quite apparent.
Braich and his advisors have collected evidence in what they believe is a pattern of activity that fits squarely under the umbrella as prescribed by the United States Racketeer Influenced and Corrupt Organizations Act (RICO).
To read more about the RICO Act allegations please visit:
Braich and his team have also long contended that BDO, now the fifth largest accounting firm in the world, was involved in fraudulent tax planning.
To read more about BDO’s client’s attempted extortion and the other heavy handed tactics used by various conspiring and therefore culpable parties against Braich, click on the link below:
To learn more about BDO, click on the link below:
To learn more about BDO and the income tax fraud, click on the link below:
Irrefutable evidence has been uncovered which clearly shows that the Canadian tax authorities agreed with Braich and his advisors long ago. However it remains shrouded in mystery as to whether or not KPMG was notified or privy to the ongoing investigation of Mr. Glenn Walsh and Tercon Contractors Ltd.
However KPMG may indeed have been notified by some government personnel and that could be one of the reasons that they refuse to share their files. KPMG pursuant to applicable laws and statutes has no legal grounds for refusing to act in accordance with their fiduciary responsibility. In addition KPMG has breached Orders made by the Supreme Court of British Columbia, throughout this entire saga, without any adverse consequences - yet.
Over ten years ago, The Canada Customs and Revenue Agency conducted a very thorough investigation into the conduct of one of BDO’s senior tax consultants, Mr. Jas Butalia and his client Mr. Glenn Walsh and their attempt to avoid paying income taxes.
One of the results of the investigation into the tax fraud committed by BDO’s client, is a letter from the Canada Customs and Revenue Agency, (CCRA), dated September 5th, 2002, addressed to BDO employee, Jas Butalia, confirming that BDO’s client could not prove that any loan had been made to Mr. Braich. In the Petition, it is asserted that the loan approximated one million eight hundred thousand dollars, US funds (USD $1,800,000).
The CCRA concludes that the purpose of BDO’s client’s investment was to “participate in the upside of the deals”, confirming Braich’s vigorous assertions of attempted extortion from over one decade ago. As a matter of fact, a great deal of effort was put into explanation and analysis for Mr. Walsh's advisor and lawyer Brian McLean, by members of the Braich Real Estate Division, while offering Mr. Walsh an equity position in the Sandy Hill properties development. This attempt took place prior to Mr. Walsh agreeing to an equity interest, in the assumption of the accounts receivable, in Bulgaria's EuroEnergy Holdings dba Plama Oil Refinery. The Sandy Hill opportunity was offered by Braich to provide work for much of Tercon's idle fleet of earth moving and road building equipment.
On the topic of the Sandy Hill subdivision, it should be noted that B. C. Supreme Court Madam Justice Loo's subsequent Court Order, relating to the handing over of ownership documents and share certificates, as determined legally owned by a Braich family trust, was willfully breached by KPMG and its counsel, Brian McLean.
Turning back to the income tax fraud; on the fourth page of the same letter, it states that in 1998, Canadian Imperial Bank of Commerce (CIBC) arranged a “fictitious” loan of USD $694,852,318 (which at the time amounted to over CDN $1 Billion using 1998 foreign exchange rates), for BDO’s client in order to avoid paying tens of millions of dollars in taxes. The CCRA states, “The entire set up could be readily viewed as a sham”. Astonishingly, no evidence exists of a single criminal charge that has been laid against any of the participants - yet.
A copy of the letter regarding the tax fraud in which CIBC assisted BDO, which was also sent to BDO’s client, can be viewed here:
On October 10th, 2002, the Commissioner of Customs and Revenue, Rob Wright, from the International Tax Services Office also agreed with Raj Grewal of the CCRA’s Tax Avoidance Section’s Verification and Enforcement Division and Braich, and denied BDO’s client the loan deductions he sought, and issued a Notice of Reassessment stating he owed over CDN $45 Million in unpaid income taxes.
To view the Notice of Reassessment, please click on the link below:
To read more about Rob Wright, please click on the link below:
A letter authored by Mr. Val Burgart of the International Audit Section, also states that he agrees that the CIBC loan was to avoid paying tax and that “sufficient evidence” has not been provided to support Mr. Walsh’s contention that he did, in fact, loan funds to Braich.
Mr. Burgart states that, “The data entry for outgoing payments and internal memo prepared by Tercon Contractors Ltd. is not sufficient for us to consider that the amounts were, in fact, even loaned to third parties”.
To review the letter, click on the link below:
At the link below, the Government’s audit of BDO’s client can be viewed. This document was disclosed, pursuant to the Privacy Act, and is dated October 3rd, 2002.
This audit was conducted by the Government of Canada and was signed off on by the CCRA Group Head, Lisa McDonald. This report states that it “required substantial audit work by Tax Avoidance as well as by International Audit section”.
Page three of the report states that expenses related to the alleged debt owed by Braich were “disallowed”. It also states that Gord Scott of the International Audit section was provided very little information by Jas Butalia of BDO, and that most of the information was gathered from CIBC in Toronto, by Mr. Scott and Mr. Val Burgart of the International Audit section.
The report further goes on to state that the Braich debt expense that Mr. Walsh was trying to claim was “not allowable”. The CCRA refused to believe that the debts were uncollectable as it noted that, “Mr. Braich was willing to pay the full amount along with the interest charges in the later part of December 1998”.
The comprehensive report goes on to state that in a conversation on January 21st, 1999, Braich was “willing to return the capital with the appropriate return on the use of funds and Mr. Walsh could walk away from the deal”.
One of Braich’s lawyers, who has already been quite involved in preparing upcoming lawsuits; some of which will rely upon the American Racketeer Influenced and Corrupt Organizations Act (RICO), commented that “it is absurd to think that Mr. Butalia, in his role as an Inspector, whether properly appointed or not, would not have communicated with various personnel, including but not limited to Senior Vice-President Robert Rusko, David Wood, or Stephen Boale from KPMG, and any official from the OSB”.
An appalling observation, previously made by a journalist, now even more revealing as to the conduct of certain parties, in light of the CCRA's conclusions, is that the other Inspector, whether lawfully appointed or not, has always been an employee of the CCRA.
To read more about Robert Rusko’s refusal to be cross-examined on any single one of his Affidavits; please click here:
Braich's lawyer added that the illegal dissemination of material collected in the unlawful raid on Mr. Braich’s room in Bellingham, along with heist of the assets, shares and options of Alberta based Kingsgate Resources Inc., lawfully belonging to The Peregrine Trust, caused a significant amount of quantifiable damage measured in the billions. “Is it merely a coincidence the addresses of many of the “new” shareholders, in Gold Coast Resources, Inc., a Nevada based publicly traded company, are the same as the offices of the real estate company, Homelife Glenayre, in Abbotsford?”
It is already widely known that in this theft and fraudulent shuffling of assets, that the approximately one million acres of commercial timber, in Liberia, owned by Kingsgate Forest Products Inc. (a wholly owned subsidiary of Kingsgate Resources Inc.); somehow ends up as an asset of the Luxor Group of Companies, based in Alberta.
The Luxor site can be viewed here:
“With the other gigantic fraud known as the Global Online Direct Ponzi Scheme wherein many of the over 11,000 victims are Canadians of Indian origin and now with the addition of the Canadian Imperial Bank of Commerce (New York); it just escalates the scope and size of this already spectacular potential litigation” added Braich's lawyer.
To read more about this Ponzi Scheme, please click on the F.B.I. links below:
To read more about the raid on Mr. Braich’s room in Bellingham, Washington; click here:
To read more about the upcoming Racketeering lawsuits and the Sandy Hill properties; click here:
The report concludes by showing diagrams of how BDO and CIBC structured the fraudulent scheme to assist Walsh in avoiding tens of millions of dollars in taxes. Many are now wondering how many other Canadian chartered banks participated in similar fraudulent schemes with other global accounting firms?
"Where is the oversight by law enforcement, commercial crimes unit, or other Canadian government agents? Maybe criminal activity of this size is too difficult to combat for Canada's authorities?" added Braich's attorney.
Ironically since the CCRA ruled that the CIBC loan scheme was a sham to avoid paying tax, Mr. Glenn Walsh has sued BDO and his long time tax accountant, Mr. Jas Butalia.
A copy of the lawsuit can be viewed here:
In an Affidavit that was filed in support of his lawsuit against BDO, Walsh states it was suggested to him by Butalia that he see a lawyer named Joel Nitikman who worked at Fraser Milner Casgrain LLP. Walsh states in paragraph 14 of the Affidavit, that what stood out to him about his meeting, in Calgary, Alberta, with Mr. Nitikman was that “about first thing he said was to the effect..... Do you think any judge in Canada will believe this?”.
Interestingly Mr. Joel Nitikman also notes that the funds that were loaned by CIBC, in the tax fraud, were from New York and not Toronto.
A copy of the Affidavit can be viewed here:
Contained within this Affidavit are also statements attributed to Dave Turner (“the Appeals Officer in Ottawa” according to Mr. Joel Nitikman in an email dated May 7th, 2003 ), which are again exactly in line with Braich’s repeated assertions. Turner states with regards to the alleged Braich debt that, “Glenn had no business of making loans”.
Ironically, Fraser Milner Casgrain LLP, in Calgary, is also representing Defendants Gowling Lafleur Henderson LLP and two of their former lawyers (Ken Phillips and Terry Knight), in the Kingsgate Resources Inc. and The Peregrine Trust lawsuits.
More can be read about the lawsuits, filed in Calgary, here:
To learn about a Default Judgement, granted in favor of The Peregrine Trust in the State of Nevada, in December of 2006, click here:
Furthermore, a convenient connection, is the fact that KPMG engaged several members of this firm's Vancouver office, in the "Braich matter", over the years. This included the Chambers Hearing, on July 15, 2009, presided over by the former Chief Justice Donald Brenner when KPMG was discharged from their duties as Trustee. No replacement was substituted by the Court. In an egregious and some say 'vindictive' order this same Judge also granted retroactive immunity, from litigation, to all parties involved in the administration of the "Braich matter". It is the intention of lawyers for the "Braich Team" to vary this order.
Former Chief Justice Brenner relied on submissions made to the court by Ms. Mary Buttery, who was assisting KPMG's counsel, in his decision to legislate from the bench, in an area which Ms. Buttery described as "uncharted territory". Soon after this Chambers Hearing Ms. Buttery left the law firm - Fraser Milner Casgrain LLP. What makes this even more shocking is that no involved party had ever been sued by Braich, in this matter, in British Columbia.
It should also be noted that former Chief Justice Brenner never once allowed the cross-examination of any affiant on any Affidavit, ever filed under oath, in this matter, while he was seized of this file. In furtherance to his, seemingly obvious, intent to grant KPMG and others - unprecedented protection - from suffering consequences for their wrong doing.
This same Judge also added a broader cloak of secrecy when he refused to order KPMG's counsel to provide information relating to the identities of any party, who funded the hundreds of thousands of dollars, for legal services, spent by KPMG. On the other hand, KPMG were pleading to all parties that contacted them, in the decade prior, that they could not perform any of their fiduciary duties due to "lack of resources".
Careful examination of the Official Transcripts indicate former Chief Justice Brenner was repeatedly urged by lay litigant Erwin Braich to refer to the documents contained in the entire file with his own eyes; rather than relying on misinformation and half truths that were continually being fed to the court by KPMG's counsel. Braich also reminded former Chief Justice Brenner that he had made a giant blunder by confirming an alleged Order, which he never actually pronounced, at the request of KPMG's counsel.
Another major 'faux pas', which Braich referred to as an "intentional mistake", on the part of former Chief Justice Brenner, was when he did not provide oral or written Reasons for Judgement to accompany a Court Order. This oversight Braich alleges, was to prevent Braich from properly filling an appeal of the subject Court Order.
Based on the Official Transcript, clearly former Chief Justice Brenner could not properly address this matter when confronted. It is believed by most involved parties that disagreements, such as the aforementioned, are the only reason former Chief Justice Brenner instigated an investigation, which in turn perpetuated the persecution of Erwin Braich.
Subsequent to KPMG’s discharge, on July 15, 2009, with immunity, it has been learned that Clock Holdings Ltd., the only secured creditor, has engaged/retained the firm of Stikeman Elliott LLP to investigate the procedural deficiencies and improprieties that were inherent in the conduct of this matter by the law firm of Gudmundseth Mickelson LLP.
Clock Holdings Ltd., and in turn other lawful creditors, were the victims of the "Bridgewater" shenanigans, with respect to real estate in Mission, B.C., whereby some 30 acres of prime waterfront property was conveyed for only approximately three hundred twenty five thousand dollars ($325,000). This transaction, unbelievably, was deemed legitimate, fair, and lawful by Madam Justice Dickson. This comprises only one of many breaches, in the administration of the Estate of Herman Singh Braich Sr. (Deceased), that has occurred during this saga.
The puppeteering, from Ottawa, of certain individuals in the judiciary and law enforcement is more common than most Canadians would like to believe.
To learn more about this issue, click here >>>
In a letter, sent by the office for the Attorney General of British Columbia, they state that they "had no involvement" in this matter and point the finger for the events in this persecution at the "Federal Minister of Justice and Attorney General of Canada".
Braich had asserted from the outset, in 1999, that the Petition that was filed against him by Glenn Walsh was fraudulent and was designed by Jas Butalia, Glenn Walsh, and his lawyer Brian Mclean, in an attempt to extort hundreds of millions of dollars from him and Trusts which he controlled. Now, some 14 years later, advisors to Braich have collected the evidence to prove this beyond a shadow of a doubt and he has obviously had many corroborating parties in various government agencies in Canada, for many years.
The fact that the Chambers Hearing for the Petition had been adjourned several times, without the consent of the majority of the general body of lawful creditors, should have sounded off alarm bells at KPMG’s offices. Also the fact that Walsh was illegally ‘shopping for creditors’ prior to pursuing the extortion attempt via the Petition should have been another 'red flag' for KPMG. They either willfully ignored it or were at a minimum - negligent.
Also the fact that Walsh was an equity partner and did not have debt in the capacity that he claimed, should have been properly vetted by KPMG prior to taking the responsibility of becoming the Receiver in the Braich matter.
The fact that Bobby Braich, Erwin’s younger brother, was the only co-petitioner that Walsh could find should have also raised serious concerns for the Court and KPMG.
KPMG should have known that Bobby along with Erwin was to inherit millions of dollars from their late father’s Estate. KPMG ought to have known that Bobby only agreed to go along with the Petition for vengeful and malicious reasons. In fairness, KPMG cannot be faulted for not knowing that Bobby was caught stealing, by Erwin Braich, from family companies which were operating on B.C.'s Sunshine Coast.
Further to this, Bobby Braich illegally signed for and stole registered mail, addressed to Erwin, at the Mission, B.C. Post Office. This was done with the knowledge of his then lawyer Shelley Fitzpatrick, who was a former partner at Campney & Murphy and then, more recently, at Davis and Company. She has now been appointed a Judge of the Supreme Court of British Columbia.
It should be noted that at the precise and exact times of her representation in this matter, Fitzpatrick not only acted for Erwin’s brother Bobby, but also acted for Erwin’s mother in her capacity as a co-trustee of the Estate of Herman Singh Braich Sr. (Deceased), and at other times she also acted for yet another of Erwin’s brothers - all simultaneously.
It appears that this entire proceeding was flawed, in many ways, from its original inception, back in the year 1999. In another bizarre event, on the date of the granting of the Petition; for some yet unexplained and mysterious reason, Justice Duncan Shaw was replaced at the lunch break by a new judge - then Supreme Court Justice Peter Lowry. Upon review of the official transcript it was made very clear by Justice Lowry's own statements that he was unfamiliar with this matter. He further suggested that it should be sent back to the previous judge and was puzzled as to why it was before him. Yet moments later, the former partner of Shelly Fitzpatrick in the law firm of Campney & Murphy, Justice Lowry pronounced the draconian Court Order, after disallowing Mr. Braich from presenting critical viva voce evidence.
In this incestuous quagmire it is shocking but true that Shelley Fitzpatrick’s husband at that time, Alan Brown, was the substitute counsel and acted for KPMG when their long time lawyer Brian McLean opted to act for his original client - the fraudulent Petitioner - Glenn Walsh/Tercon. The subject matter of that litigation was argued before Madam Justice Koenigsberg in The Supreme Court of British Columbia.
Subsequent to this court hearing, Brian McLean jumps back to being KPMG’s lawyer. Of much importance is the fact that in the above interval, in writing, Mr. Alan Brown, a legal expert in these matters, refused to accept the validity of Mr. Glenn Walsh’s Proof of Claim, which KPMG had accepted at face value. Mr. McLean was obviously grasping for this elusive, independent, and objective validation.
Based on the evidence it appears that this Petiton should never have been granted. Gordon Elliot, another legal expert in these matters, who acted as Mr. Braich’s counsel in 1999 in B.C., visited Bulgaria and viewed hundreds of millions of dollars worth of assets and reported back to the court. His legal services, as an Officer of the Court, along with his entire trip to view assets firsthand, was funded by Braich.
This trip overseas and legal representation, which cost over CDN $100,000, was sanctioned by The Supreme Court of British Columbia upon Mr. Braich’s request. All of this was done while Walsh pursued his extortion attempt with the help of KPMG via a Petition under the guise of being a lawful creditor, when in fact, he was an equity partner.
A copy of Elliot’s affidavit can be viewed here >>>
It should not be forgotten that Robert Rusko was offered, by Mr. Braich, on two different occasions, a significant fee whereby KPMG would be engaged at Braich's expense, to perform a forensic audit of his assets and liabilities. The second occasion, when this offer was discussed and refused by Mr. Rusko, in the presence of Stephen Boale, on behalf of KPMG, being the four and a half hour tape recorded meeting (consented to by all participants), in January of 2000, in KPMG's Vancouver office at 777 Dunsmuir Street.
Some of these aforementioned facts were taken into account at the September 12, 2000, "Proceedings in Chambers" in the Supreme Court of British Columbia, wherein a couple of remarkable things transpired. A lawyer, Stephen Postman, while practicing at the firm of McLean, Saba, Armstrong, acted for the Petitioning Creditor. In these proceedings Mr. Postman told the court, in the introductory statements, that "the Trustee, KPMG is unrepresented. Mr. Boale is an employee." The Trustee’s counsel of record, McLean, Saba, Armstrong, decided to represent their original client, the Petitioning Creditor, rather than KPMG.
The other remarkable event was when Mr. Braich stated that "I do not want the discharge, conditional or otherwise." This was referred to in the Oral Reasons for Judgement. These same Oral Reasons for Judgement clearly direct KPMG to hold a First Meeting of Creditors.
Braich went on to say all of the following; “I want answers to my questions and I want the petitioners…..to put up the funds or match me, as I’ve told KPMG, to do A, a forensic audit or B, go through the matters quite clearly..…”; “..…I don’t want this blatant attempt to sully and malign my character to continue unfettered.”; “Now, I’m not going to make a big issue as I’m not here to try to blackmail anybody about tax not paid or paid on funds offshore.”; “I think the petitioner ought not to be able to put forward a frivolous, vexatious, vitriolic application”.
Braich has steadfastly maintained that the Petitioner had always intended on taking some sort of equity, in some asset, from the outset of their dealings. It is abundantly clear, from the vast plethora of evidence, that the CCRA agrees with Mr. Braich.
Shortly after the date of this Hearing, where the Trustee was ordered to go back and hold the First Meeting of Creditors, Mr. Postman departed from his employment at McLean, Saba, Armstrong and joined the Canada's Federal Department of Justice. From this juncture, Mr. Postman’s full role in this matter, if any, has yet to be determined. Other parties, who are purposely not named today, whether in law enforcement agencies or other influential positions, who were and/or still are either grossly negligent or actively aiding in this pattern of persecution will eventually be exposed.
To read the Transcript of the September 12, 2000, Chambers Application, click here >>>
It speaks volumes that all senior members, at KPMG, that were involved in the Braich matter are no longer with the firm. Senior Vice-President Robert Rusko took an early retirement, under suspicious circumstances. Stephen Boale and David Wood departed shortly after they and KPMG's counsel Brian McLean, manipulated and mislead American authorities to unlawfully raid Mr. Braich's room in Bellingham, Washington. These two joined up to form their own practice in Vancouver. It should be noted that since their departure from KPMG; they have acted for another company owned by Mr. Walsh.
To learn more, please click here:
In a recent application that was heard by Justice Voith, beginning February 4th, 2013, and originally scheduled for five days, in The Supreme Court of British Columbia, it was revealed in open court that Mr. Jas Butalia had “put many billions of client dollars offshore”. It was also revealed that many others across Canada had participated in significant amounts of fraudulent tax evasion and their names were revealed in open court as well.
Observers, including members of the press and politicians, reported that the court proceeding was cut short by a seemingly irritated Brian McLean. Another peculiar tactic, seemingly to avoid any more public scrutiny, was the announced departure from the norm, with respect to the Reasons for Judgement, which will not be read in open court when pronounced by Justice Voith.
Some of the horrific and shocking revelations, in this heinous fraud against honest Canadians, left certain observers speechless.
Meanwhile despite the attempted extortion by BDO’s client and the now 14 year long legal battle and inherent consequential hardships endured by Braich, at the hands of various culpable parties, to uncover and expose the truth, Braich has managed to become one of the wealthiest people on the planet through commercial activity in various Trusts.
At the outset, a brazen act of perjury is committed in Ms. Janet Bennett's June 25, 1999, Affidavit of Statement of Truth, that accompanied the Petition. In paragraph 7 she says "On March 18, 1998, the Petitioner made a further payment by way of loan to Erwin Braich in the amount of 500,000 Sterling (Great Britain) which funds were wire transferred to Erwin Braich's bank account in Vancouver, British Columbia designated by him." Shockingly, the monthly statement, from Mr. Walsh's account at the Hambros Private Bank (Guernsey) Limited, located in the Channel Islands, actually shows that the funds were wired to Mr. Braich's lawyers, in England - the firm of Norton Rose.
These funds were used to prepay, in full, a two year lease on a penthouse in Hyde Park, London, England. This ritzy accommodation was for the exclusive use of one of the Braich Group's executives. The intended use of these funds was fully known to Mr. Walsh and Mr. Butalia, prior to the latter authorizing, by a pay telephone, from Calgary, Alberta, the electronic transfer of said funds.
Braich had advised the Office of the Superintendent of Bankruptcy and KPMG, in writing, repeatedly, that the Petition was fraudulent and that the First Meeting of Creditors was improperly held. This meeting was indeed deemed null and void in September of 2000, by The Supreme Court of British Columbia. KPMG remained in breach of this Order for over one decade.
To this day, it remains a mystery as to the reason for Mr. Howard Mickelson's attendance at the improperly convened First Meeting of Creditors. Not only was a compelling reason, for his attendance, sorely lacking; Mr. Mickelson participated in the meeting and was not merely an observer, as is evident from the minutes of this improperly convened meeting.
Braich also cited repeatedly, in writing, that BDO accountant Mr. Jas Butalia was conflicted and therefore could not act as one of the Inspectors even if this First Meeting of Creditors had been legally convened. Braich had also made it clear, again in writing, that Mr. Brian McLean was grossly conflicted and should not be allowed to be KPMG’s lawyer. With respect to virtually all matters; Madam Justice Morrison of The Supreme Court of British Columbia agreed with Braich's counsel, Ms. Katherine Wellburn, a former Registrar of the Supreme Court of British Columbia and a former Registrar in Bankruptcy.
It was previously reported that Ms. Wellburn commented that Mr. Braich's Statement of Affairs, when filed, on June 30, 2004, pursuant to Madam Justice Morrison's pronouncement, was one of the most comprehensive documents that she had ever seen in her long experience. Her observation notably differs from the pivotal evidence provided by Mr. Robert Rusko, from time to time, to certain Canadian officials in their investigations. Great importance may be deduced from the fact that not a single comment was made by KPMG about this Statement of Affairs until Braich filed his lawsuit against various parties, including KPMG, on February 2, 2007.
A copy of this Complaint can be viewed here:
Another Braich advisor stated, “That this was quite a scandalous story already, so much so that apparently an imposter from the Canadian Border Services Agency participated in an attempt to infiltrate the screenplay and film crew that is going to expose the truth. Who paid for that?” It will be interesting to learn Ms. Lauren Johnson's recollection, under the heat of cross-examination, in upcoming legal proceedings.
To read more about the documentary, book, and movie being made about this saga, please visit:
This same Braich advisor added, "Another individual that will be subpoenaed, in upcoming legal proceedings, is one of the women, both residents of Kamloops, B.C., that by strange circumstances ended up meeting Mr. Braich, pool side, at The Travel House Inn, in Bellingham, Washington. They, at Mr. Braich's request, informed their acquaintance and also Kamloops resident, Glenn Walsh, about this meeting. In fact, they both examined the contents of Braich's room at his invitation. This meeting took place just prior to the room being unlawfully raided. This raid magically followed Mr. McLean speaking, by telephone, with the Manager of The Travel House Inn."
In an absolutely brazen disregard for the creditors, KPMG's first choice of counsel, Mr. Brian McLean, in 2002, actually thwarted an attempt by Mr. Braich to repay all of his creditors from the Caribbean, in full, including all accrued interest. In another unethical maneuver by Mr. McLean, in 2003, in an ex-parte Application, he convinced a B.C. Supreme Court judge to improperly usurp funds, to again pay his and KPMG's fees. These funds were on deposit to purchase real estate for an affiliated party to Braich. This party has yet to litigate for the return of these funds and for suffering substantial damages.
When Braich was contacted for his comments, he replied that; “Due to the still outstanding muzzling Order pronounced by former Chief Justice Donald Brenner it is best that I wait to vary this Order before making any statements.”
More information about a lawsuit, with damages potentially being over CDN $17 Billion, that Braich has filed against some of those that have obstructed his activities can be found here:
More information regarding the damages that have been caused to Mr. Braich and Trusts by a recent brazen persecutory abuse of power, can be viewed here; within the pages of this transcript from proceedings that took place on December 10th, 2012, in The Court of Queen’s Bench of Alberta Judicial Centre of Calgary:
To read more information about Erwin Singh Braich, his background and philanthropic activities please visit:
KPMG Attempting to Muzzle Creditors: Possible Freedom of Speech Violations Claimed
KPMG Inc., has instructed their counsel Mr. Howard Mickelson, a partner at - Gudmundseth Mickelson LLP - to proceed with a Motion in an attempt to muzzle some of the lawful creditors of Erwin Singh Braich (Action No. 193466VA99 - Vancouver Registry – Supreme Court of British Columbia).
Vancouver, British Columbia, March 10, 2009 – The Chief Justice of the Supreme Court of British Columbia – Honourable Donald Brenner - has a Motion before him to proceed on March 11, 2009; despite the fact that written submissions were made by some of the Respondents relating to the lack of proper service according to the Rules of Court in British Columbia.
When contacted for comment, the counsel chosen by KPMG to originally temporarily derail a constitutional and civil rights violations lawsuit filed by Mr. Erwin Singh Braich in Seattle, Washington - Mr. Howard Mickelson (who is admittedly not a Bankruptcy expert, and in fact does not list Bankruptcy and Insolvency work in his CV) - stated that anyone that covers this story does so at their own “peril”.
For more information about the above mentioned litigation please visit:
Another Respondent just recently added by KPMG is Mr. Michael McCormack, a resident of Vancouver. He stated that he only learned that he was named as a Respondent from another creditor and has yet to be properly served with any documents that KPMG is using to support the subject Motion and the Notice of Motion itself.
“Prior to the previous hearing on February 23, 2009, I had requested 10 minutes of the Honourable Court’s time to put forward a Motion to cross-examine Mr. Robert Rusko - Senior Vice-President of KPMG, on his unchallenged Affidavits. However since I was deficient in filing supportive material as politely explained to me by the Honourable Chief Justice Brenner this opportunity to cross-examine Mr. Rusko will have to wait”.
McCormack added, “that despite the apparent deficiency in perfecting proper service on me and without enough time for me to properly retain counsel the Honourable Chief Justice has now granted a hastily contrived one hour hearing, at Mr. Mickelson’s request”.
“We find this double standard being applied by the Honourable Court, to be appalling and
are deeply concerned that this Motion to be heard on Wednesday, March 11th, 2009, is yet another attempt by KPMG to obstruct our freedom of speech as afforded to individuals by the Canadian Charter of Rights and Freedoms”.
“I wonder to what lengths the alleged culpable parties and/or their counsel are willing to stretch to in the other countries around the globe where their actions are already a well known fact”.
“Vancouver is a city that is again on the world’s stage due to the fact that the upcoming winter Olympics will be held here. In my opinion it is unbecoming when the B.C. Judiciary is unwilling to reel in a lawyer acting irresponsibly and abusing the due process, as I believe is the modus operandi of Mr. Mickelson”.
Mr. McCormack further went on to state that, “in my opinion it is clear for all to see what is really going on here, and when the imminent Racketeer Influenced and Corrupt Organizations Act ('RICO') related lawsuits are commenced, the pattern of activity will be unraveled further. KPMG and alleged co- conspirators and other miscreants have caused in excess of U.S. $800 million in losses to Mr. Braich and the lawful creditors over the last decade”.
“It is astonishing that KPMG, Mr. Mickelson and/or the B.C. Judiciary would take these steps, all the while ignoring the fundamental rights afforded to us as lawful creditors, under the Bankruptcy and Insolvency Act (“BIA”). It is unbelievable that we are not even allowed to view, let alone photocopy, the file which we are entitled to, as mandated by the BIA” added McCormack.
When contacted for his comments; Mr. Satinder Dhillon, a businessman who is owed in excess of $3 million, as learned by Quantum Media, stated: “Notwithstanding the advice given to me by experts that section 2B entitled Fundamental Freedoms of the Canadian Charter of Rights and Freedoms has been violated by the Honourable Court when it pronounced the previous interim Order on February 23, 2009 - it is best that I make no further comment at this time”.
For more information about the Canadian Charter of Rights and Freedoms please visit:
Another lawful creditor, Mr. Richard Rempel, a resident of Mission, British Columbia stated: “KPMG’s counsel is dreaming or are in some fantasy land if they truly believe that the issue at bar can be fully argued by some half dozen parties within one hour. Even an elementary school student can calculate that if this exact time allotment is adhered to, it would leave each participant, including any rebuttal period, approximately seven minutes to present evidence and argue the merits of same”.
“This pattern of behavior by our administrators of justice is disheartening, especially when viewed as a continuation of poor judgment, such as that reflected in the findings of the Honourable Madam Justice Dickson involving the Mission Waterfront property transfer litigation”.
Rempel went on to state that, “several years ago I was one of the numerous individuals that filed a caveat on the well known Sandy Hill development property, which is located in Abbotsford B.C. This asset was listed by KPMG’s staff on the original Statement of Affairs in 1999”.
“Sandy Hill has been already talked about by many other creditors in a variety of Affidavits and/or Declarations. I am still shocked that KPMG and their counsel would not abide by the clear directions ordered by Honourable Madame Justice Loo, which I heard as I was present, during her pronouncement”.
“In my opinion, just this one malicious and/or negligent act, caused the lawful creditors and Erwin approximately CDN $75 million”.
“It is my understanding a previous attempt was made by KPMG’s counsel to have a Motion heard in an allotted two hours but it eventually took almost two full days”.
“I’ve known Erwin for over 30 years and have been involved with very many interesting and positive events in his life; clearly this has been a troubling episode for him. Being that Erwin is a very pragmatic individual I am not surprised to have learned recently that a succession plan for the upcoming litigation is already in place, should something happen to him” added Rempel.
When contacted in Vancouver, Mr. Robert Shaw stated, “It is quite unfortunate that this matter keeps dragging on. The reams of irrefutable evidence, speak volumes as to what has transpired over the past decade. For Mr. Robert Rusko to run from cross-examination begs a litany of questions”.
“At the rate KPMG Inc. is going the next Motion could very well seek that widely circulated print media such as Time, Fortune, or Forbes be silenced as well”, mused Shaw.
“I strongly believe what interested parties are merely stating is the unvarnished truth, and in Canada the truth cannot be muzzled. Entire wars have been fought and civilizations have clashed for the sacred freedoms that we enjoy in our great nation”.
“The spectacular upheaval in the white collar crime landscape, which has recently surfaced, clearly indicates that government agencies have either ignored or abdicated their fiduciary responsibilities. In my view this entire lack of proper administration in the file relating to my good friend – Mr. Braich – is another example of the consequences of poor judgment. Perhaps malicious behavior on the part of some will be proven in due course”.
“In a time when it is painfully apparent the damage white collar crime can have on the average citizen, what type of message is the Court sending by allowing these types of Motions to proceed, and all this without the proper procedures being followed”.
The Bankruptcy and Insolvency Act is designed to protect the creditors not to assist in white collar fraud and cover-ups.
Mr. Robert Shaw went on to further state that:” it is extremely interesting to note that it appears no lawyer at this firm has any experience in bankruptcy matters. A summary of their individual areas of practice is available at http://www.lawgm.com/lawyers.html”.
When contacted for comment Dr. Alex Penner stated that he had yet to be properly served with any documents. This was also the case for Yashminder Sidhu and Dr. William Russell.
When asked for his comments, Mr. Braich reiterated that pursuant to an interim Order placed on him previously by the Honourable Chief Justice he was unable to comment.
Braich did however say, on a completely different topic, “I believe the economy of the western world is going through a necessary shift, and that we will emerge stronger and more efficient, and the extravagances of the past will be replaced with the joy of efficiency, which - I believe - will in turn lead to a happier and more productive planet”.
“However in my opinion I think it will take at least three years or longer for things to turn. In other words it will be at the very end of President Obama’s first term at the earliest”.
For more information about this case please visit:
Erwin Braich, Sikh Billionaire, Files Lawsuit Against Public Prosecution Service of Canada and Royal Canadian Mounted Police
Erwin Braich, Sikh Billionaire, Files Lawsuit Against Public Prosecution Service of Canada and Royal Canadian Mounted Police. Damages may exceed $17 billion dollars
Erwin Singh Braich, 56, a Canadian businessman and philanthropist, known as North America's first Sikh Billionaire, filed a lawsuit in Vancouver, B.C., against the Public Prosecution Service of Canada, Crown Counsel Gerry Sair, the Royal Canadian Mounted Police and Constable Wendy Saint-Onge on Friday, October, 12, 2012. The lawsuit (No. S-127164, Vancouver Registry, Supreme Court of British Columbia) alleges misconduct, gross negligence and a pattern of not acting in good faith on the part of the Defendants. Braich was and is being kept from regular business and/or unfettered activities due to the threat of Warrants for his arrest. He further alleges that the same Warrant or duplicitous Warrants, which have not been legitimate, are likely keeping him from traveling to required destinations.
Braich and his advisers believe strongly that based on Chapter 49 of the Federal Prosecution DESKBOOK, the four-part test for determining whether a Crown servant qualifies for indemnification/legal assistance has not been met. This is outlined in section 49.3. Braich adds that "What this means is that these civil servants should be held accountable for their behavior and not be provided free legal representation by another individual working for the government."
This pattern of negligent investigation and abuse of process has been on-going since the turn of the century, leaving Braich to suffer at the hands of shoddy police work and subsequent misdeeds of the Crown Counsel. Seven counts were leveled against Braich in 2001, all of which were based upon underlying unprofessional work performed by then-Constable Tim Alder. With respect to these seven quasi-criminal charges, all pursuant to the Bankruptcy and Insolvency Act, Braich declined a plea bargain agreement, which was offered repeatedly. Braich states: "They wanted me to plead guilty to just one count and pay a paltry $500 fine. I did not acquiesce." Therefore these counts hung over Braich's head for several years with the Crown staying the charges on the eve of the trial in 2007. Braich continues: "The taxpayers of Canada kept footing the bill for this silliness without knowing that the persecution against me is for simply not filling out a form, for which I had ample legal reasons. By the way, this form was filed in triplicate on June 30, 2004."
Braich mused, "The words 'maintaining his innocence' seem as though a serious allegation, like fraud, murder or arson, was leveled against me; but actually it was an alleged single administrative infraction for which I was absolved when they stayed the charges. The fact that I decided to represent myself subsequent to the services of four lawyers and was responsible for issuing approximately 70 subpoenas, many of which were to Officers of the Court and asked Associate Chief Provincial Court Judge Spence to increase the scheduled trial from three weeks to five weeks probably had a lot to do with them walking away." (see Action No. 193466VA99 – Vancouver Registry)
This is not the first time that the process has been horribly abused, with respect to Braich, by the Crown and the Royal Canadian Mounted Police. Both of these organizations settled out of court with Braich, in a different litigation, in Seattle in 2007 (Seattle's Western District of Washington Court, Case no. CV7 00177CMP). [http://www.prweb.com/releases/erwin/braich/prweb541360.htm]
Still, the harassment continues. Throughout all of this, large portions of the Bankruptcy and Insolvency Act were thrown out the window by the late former Chief Justice Brenner of the Supreme Court of British Columbia. There was never a properly convened first meeting of creditors. After 10 years, the Trustee in Bankruptcy (KPMG) was discharged without appointing a replacement and in an unprecedented and bizarre move, this same judge handed retroactive immunity to everybody involved in the administration of the file dating back to 1999. Braich adds, "There have been several Charter of Rights and Freedoms violations. All I have been trying to do, including very recently, is to pay every lawful creditor inclusive of an even-handed, compounded rate of interest."
In these very unusual proceedings, now approaching year 14; much seems to be unique. For instance, for all of the unsecured creditors to receive full payment after 13 years is likely unprecedented in Canadian history.
Other noteworthy items include the fact that the one and only secured creditor was never even invited to the first improperly, and hastily convened meeting of creditors - which was later nullified by the Supreme Court of British Columbia. This lone secured creditor was also never served properly with notice for any of the multitude of Chambers Hearings that have taken place, and therefore was not present for any of the decisions that were pronounced in this involuntary bankruptcy debacle.
However, "People on my team now have so much more irrefutable evidence for a pair of American-based RICO cases, which are imminent. This is due to the violations surrounding the 2004 raid on my hotel room in Bellingham, Washington including the unlawful confiscation and dissemination of many documents. As well, there is another complex litigation which has a huge American component. I refer to the proceedings against several parties for various torts, conspiracy and other wrongdoing (Action No. 0401-06677, which was filed in Court of Queens Bench in Calgary)." [http://www.prweb.com/releases/Satinder/Gowling/prweb439576.htm]
Braich continues: "We have people working on collecting evidence whereby it becomes clear that KPMG has much power, persuasion and influence over the Canadian and British Columbian Justice Departments. We are dumbfounded as to why the taxpayers of Canada are wasting their money on this witch-hunt. I might add that it could be due to a huge cover-up relating to a botched income tax avoidance scheme involving some of the top accounting and law firms working in concert with Canadian chartered banks. Maybe our team knows too much?"
"I am strongly suggesting that the integrity of our judicial system and due process afforded to Canadians is being literally destroyed by this pattern of activity against me."
"I fully anticipate these and other related issues will be raised in Parliament in the next session of the sitting of the House of Commons ."
To read the Statement of Claim, please visit:
For more background information please visit:
Justice And Truth For All
in affiliation with erwinsinghbraich.org
BREAKING NEWS ON ERWIN SINGH BRAICH:
LETTER TO THE PRIME MINISTER AND PRESIDENT OF INDIA - OCTOBER 4, 2014
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CANADIAN CITIZEN TOLD THAT HE MAY NOT BE ALLOWED TO PRESENT THE TRUTH AS A DEFENSE!
KPMG- Worlds's 4th largest accounting firm is driving force behind push to have Canadian convicted
During the second round of the trial, that took place last week, Dhillon stated in open court, while referring to this upcoming hearing that
'you might as well change the name of the government to KPMG'!
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LETTER FROM THE CANADIAN SIKH COALITION TO SURREY NORTH MP JASBIR SANDHU
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ERWIN SINGH BRAICH PREVAILS YET AGAIN AGAINST THE CANADIAN GOVERNMENT
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TIMES OF INDIA - RELIEF TO SIKH INDUSTRIALIST IN CANADA
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ERWIN BRAICH, SIKH BILLIONAIRE, FILES LAWSUIT AGAINST PUBLIC PROSECUTION SERVICE OF CANADA AND ROYAL CANADIAN MOUNTED POLICE
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To read the IB Times story click here
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EMAIL TO THE HIGH COMMISSION OF INDIA OTTAWA - DECEMBER 12, 2012
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KPMG ATTEMPTS TO MUZZLE CREDITORS; POSSIBLE FREEDOM OF SPEECH VIOLATIONS CLAIMED
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GOVERNMENT OF CANADA AND THE ROYAL CANADIAN MOUNTED POLICE SETTLE LAWSUIT WITH CANADIAN BUSINESSMAN ERWIN SINGH BRAICH
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AFFIDAVIT OF ERWIN SINGH BRAICH - OCTOBER 5, 2012
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To continue to the full document with all Exhibits as filed in Court of Queens Bench of Alberta click here
NORTH AMERICA'S FIRST SIKH BILLIONAIRE SUBJECT TO LITIGATION
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Over the course of the next few months, we will be following the involuntary bankruptcy proceedings of Erwin Singh Braich, North America's first Sikh Billionaire. This unprecedented and historic bankruptcy case has continued on for over 13 years, and is one of the only known cases in Canadian history whereby the Trustee in Bankruptcy, after one decade, was removed by a Court Order. The file remains without a Trustee to the current day. We will keep you up to date, as the proceedings wind their way through the Canadian and American Courts respectively.
QUANTUM MEDIA REPORTS: KPMG SENIOR VICE-PRESIDENT REFUSING TO
BE CROSS-EXAMINED IN CANADA.
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CANADIAN BUSINESSMAN FILES LAWSUIT AGAINST KPMG IN U.S.; PLAINTIFF CLAIMS DAMAGES EXCEEDING U.S. $500 MILLION
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ERWIN BRAICH BUSINESS PERSON OF THE YEAR
WORLD LEADERS ASK CITIZEN OF THE YEAR FOR HELP
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BRAICH ARRANGES FUNDS FOR XA:YTEM
ERWIN BRAICH: GOES GLOBAL
BRAICH ESTATE: MISSION WATERFRONT PROPERTY
KINGSGATE RESOURCES DONATES FUNDS FOR GHANA'S GIRLS
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COURT ENFORCES ORDER AGAINST GOWLING LAFLEUR HENDERSON LLP
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GOWLINGS GUILTY? PLAINTIFF SEEKS $2 BILLION
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SATINDER DHILLON TAKES THE FIGHT FOR JUSTICE AND EQUALITY
TO THE SUPREME COURT OF CANADA