Tag: Vincenzo De Palma

Concrete Equities and Wealthstreet Alberta Securities Commission Documents

I’ve had these documents for several years and had been meaning to put them up for public access – all text below is taken verbatim from the documents in question.

Alberta Securities Commission: Notice of Hearing (Oct 2010) [Download PDF]
To: Wealthstreet Inc, Colin Davis Jones (aka David Colin Jones, aka Dave Jones), Rachael Poffenroth
Allegations & Summary of Breaches:

  1. “Staff (Staff) of the Alberta Securities Commission (Commission) alleges that Wealthstreet Inc. (Wealthstreet), Colin David Jones also known as David Colin Jones (Jones) and Rachael Poffenroth (Poffenroth) (collectively, the Respondents) engaged in illegal trading and distributions of securities in Alberta to Alberta investors.”
  2. “Staff also alleges that Jones acted as an advisor in Alberta without being registered as an advisor, made prohibited and misleading or untrue representations to Alberta investors and engaged in unfair practices in transactions with Alberta investors.”

Alberta Securities Commission: Amended Notice of Hearing (Oct 2010) [Download PDF]
To: VARUN VINNY AURORA, DAVID HUMENIUK, DAVID JONES, VINCENZO DE PALMA
Allegations & Summary of Breaches:

  1. “Staff of the Commission (Staff) allege that Varun Vinny Aurora (Aurora), David Humeniuk (Humeniuk), David Jones (Jones) and Vincenzo De Palma (De Palma) breached the Act by acting as dealers without being registered in accordance with Alberta securities laws, and without an applicable exemption to the registration requirement, or by authorizing, permitting or acquiescing in such conduct by one or more corporate entities of which they were a director or officer.”
  2. “Staff allege that Aurora, Humeniuk and Jones breached the Act by making, or by authorizing, permitting or acquiescing in the making of, statements each knew, or ought reasonably to have known, were misleading or untrue in a material respect, or that did not state a fact that was required to be stated or that was necessary to make the statement not misleading, and that would reasonably have been expected to have a significant effect on the market price or value of the security in question.”
  3. “Staff allege that Aurora, Humeniuk, Jones and De Palma each breached the Act by trading in securities on his own account, or authorized, permitted or acquiesced in the trade of securities on one or more companies’ own account, in circumstances where such
    trades were distributions, without having filed a prospectus or preliminary prospectus for which a receipt had been issued by the Executive Director of the Commission (the Executive Director), and for which no valid exemption applied.”
  4. “Staff allege that Aurora, Humeniuk, Jones and De Palma each acted contrary to the public interest.”

Alberta Securities Commission: Notice of Decision (Dec 2011) [Download PDF]
To: Wealthstreet Inc, Colin Davis Jones (aka David Colin Jones, aka Dave Jones), Rachael Poffenroth
Recognition of Seriousness:

  1. “Jones, in our view, still does not recognize the seriousness of his misconduct. Communications to investors that are in evidence and his statements before us (on the few occasions that we saw or heard from him) demonstrate Jones’s persistence in contending that any issues with the Promissory Notes and the other securities sold through Wealthstreet were caused by global economic conditions and not his actions. He continues to accept no blame or responsibility for his illegal actions. When cross-examining investor witness KC, he implied that she was in a more balanced position with her current investments (through Wealthstreet) than she had been before meeting Jones. In fact, KC had gone from having retirement savings of over $200 000 and real estate equity of several hundred thousand dollars to apparently losing all of her savings and owing $540 000 on home equity lines of credit. In addition to not accepting responsibility for the financial harm he caused his clients, Jones seems unwilling or unable to appreciate the fact that his actions contravened Alberta securities laws and were contrary to the public interest.”
  2. “We believe that Poffenroth recognizes the seriousness of her misconduct and sincerely regrets both her involvement in Wealthstreet and the harm caused to Wealthstreet investors. She candidly admitted that she was not qualified to act as Wealthstreet’s president. She also testified during the Merits Hearing that she experienced “shock and hurt” at learning some of what Jones had done and how the investors had been affected. She appeared to accept the majority of the sanctions suggested by Staff as appropriate and expressed her intention not to be involved with public companies in the future. However, the evidence also indicates that Poffenroth had concerns about being under-qualified and being upset over some of Jones’s activities while still employed at Wealthstreet. Despite her concerns and reservations, Poffenroth continued for a time to act as Wealthstreet’s president and collect her generous remuneration. She later filed a claim with the Trustee for money owing to her from her wrongful dismissal claim. At no time did she report Jones or Wealthstreet to any regulators. We conclude that while some of her remorse and recognition of seriousness is genuine, some of that contrition stems from her desire to minimize the sanctions she might receive.”

Concrete Equities PDF Documents

Clearing out some old Evernote folders, I wanted to publish these Concrete Equities-related documents for search engines to index.

SEARCHABLE-PDF-Dave Humeniuk Statement of Defence Aug 28

PDF-Dave Humeniuk Statement of Defence Aug 28

SEARCHABLE-PDF-Aug 21 Statement of Claim and Affidavit

PDF-Aug 21 Statement of Claim and Affidavit

Letter to El Golfo Investor, dated November 2, 2010

E & Y Feb 16, 2011 Letter to Mexico Investors

Basi Affidavit v5 (Filed May 26, 2010)

Alberta Securities Commission Notice of Hearing for Dave Jones, Rachael Poffenroth, Varun “Vinny” Aurora, David Humeniuk, and Vincenzo De Palma

I haven’t published anything lately about Concrete Equities or Wealthstreet, but things are continuing to evolve with those companies and the people who ran them. Late last year, a notice of hearing (or possibly two?) was held for Dave Jones (A.K.A. Colin David Jones), Rachael Poffenroth, Varun “Vinny” Aurora, David (Dave) Humeniuk, and Vincenzo De Palma. When we were clients of Wealthstreet, Ms. Poffenroth was the president of the company.

To any lawyer reading this: no statement made in this post can be considered libel; I am simply re-publishing publicly available information. I make no allegations myself, and all data provided is from public sources.

The two PDF documents below have the details, but allow me to quote two sections from the second PDF:

Allegations: Summary of Breaches (Page 3)

“1. Staff of the Commission (Staff) allege that Varun Vinny Aurora (Aurora), David Humeniuk (Humeniuk), David Jones (Jones) and Vincenzo De Palma (De Palma) breached the Act by acting as dealers without being registered in accordance with Alberta securities laws, and without an applicable exemption to the registration requirement, or by authorizing, permitting or acquiescing in such conduct by one or more corporate entities of which they were a director or officer.

2. Staff allege that Aurora, Humeniuk and Jones breached the Act by making, or by authorizing, permitting or acquiescing in the making of, statements each knew, or ought reasonably to have known, were misleading or untrue in a material respect, or that did not state a fact that was required to be stated or that was necessary to make the statement not misleading, and that would reasonably have been expected to have a significant effect on the market price or value of the security in question.

3. Staff allege that Aurora, Humeniuk, Jones and De Palma each breached the Act by trading in securities on his own account, or authorized, permitted or acquiesced in the trade of securities on one or more companies’ own account, in circumstances where such trades were distributions, without having filed a prospectus or preliminary prospectus for which a receipt had been issued by the Executive Director of the Commission (the Executive Director), and for which no valid exemption applied.

4. Staff allege that Aurora, Humeniuk, Jones and De Palma each acted contrary to the public interest.”

The Impact of the Respondents’ Actions (Page 10)

“76. The Offending Partnerships and CE Fund collectively raised approximately $110,000,000, with $96,735,000 raised using the impugned Offering Memoranda referred to above. In total the Concrete Group raised over $118,000,000 through the issuance of securities to 3,723 investors.

77. On May 26, 2009 Partnerships 1 through 5 sought and obtained protection from their creditors through the filing of a Notice of Intention to Make a Proposal under section 50.4(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 as amended. On June 9, 2009 Ernst & Young Inc. was appointed as Interim Receiver of Partnerships 1-5.

78. On July 29, 2009 Concrete, the Offending Partnerships and each of their general partners were made subject to a Receivership Order (the Receivership Order). Ernst & Young Inc. was appointed Receiver for each entity.

79. Prior to the Receivership Order, the shareholders of the Concrete Group received distributions of slightly under $5,000,000. This represents a payment of only roughly 4% of their investment principal.

80. In contrast, prior to the Receivership Order, Concrete was paid over $15,000,000 in commissions as a result of the various Concrete Agreements. However, under the terms of those Concrete Agreements, Concrete was only entitled to commission payments of $10,107,750. Concrete was overpaid approximately $4.9 million.

81. In addition to the commission payments to Concrete, Aurora, De Palma, Humeniuk and Jones were also collectively paid over $8.0 million as directors of the various Concrete Group entities.

82. In its Third Report of the Receiver, dated December 2, 2009, Ernst & Young Inc, as Receiver, concluded that “based on the information presented in this report it is clear that the directors of Concrete mismanaged the affairs on Concrete in material respects.”

83. It is uncertain what recovery, if any, will be made by the 3,723 investors in the Concrete Group of their collective $118,000,000 investment, and significant further recovery of their investments is questionable.”

The two PDFs are below and can be downloaded, printed, or shared. Continue reading Alberta Securities Commission Notice of Hearing for Dave Jones, Rachael Poffenroth, Varun “Vinny” Aurora, David Humeniuk, and Vincenzo De Palma

“The Crumbling of Concrete Equities” by Alberta Venture

This is an incredibly well-written and well-researched article about Concrete Equities – I’m not sure how I missed it when it was published in September 2009 (maybe because I was in new dad mode), but it’s worth a read for anyone involved in this debacle. This paragraph is particularly apt:

“Recently returned CEO Dave Jones played the absent founder; current president Vincenzo De Palma, whom you might recognize from Concrete’s TV ads, drew from a background mostly spent selling lumber out of Prince George, B.C.; 20-something executive Vinnie Aurora’s qualifications included being the son of a colleague of Jones; and, along with experience as an investment industry veteran, office manager Dave Humeniuk bore the albatross of a lifetime ban from selling real estate in the province of Alberta. The result: a corporate environment poisoned by infighting and finger-pointing and which produced no significant financial reporting, a lapsed mortgage, allegations of impropriety and incompetence, no dividends since the start of this year despite purportedly cash-positive properties, and, because of it all, more than 2,000 investors raring for a fight.”

If ever there was a cautionary tale for investors, this is it!

If for whatever reason the link above isn’t working, a copy of the article can be found here.

The Canadian Business Forum Comments about Concrete Equities

Earlier this year, there were a couple of discussion threads started in the Canadian Business forums about Concrete Equities. The threads were full of useful information, and I posted in them several times. Curiously, right around the time that Vincenzo De Palma had his lawyers threaten to sue me for libel, the threads in the Canadian Business Forums were deleted. I don’t know why they were deleted – in fact a post I made there asking what happened was deleted – but it’s not hard to see the reasons why. Someone contacted me earlier this week about this topic; they’ve created a blog with all of the posts originally made to those Canadian Business Forum discussion threads about Concrete Equities. It makes for some interesting reading!

David Humeniuk’s Teluric International Investments Ltd.

Look what I found on the Alberta Securities Commission Web site:

“Calgary-based Teluric International Investments Ltd., the Teluric Diversified Fund, David Humeniuk and Elizabeth Humeniuk have provided an Undertaking to the Executive Director of the Alberta Securities Commission (ASC).  The Undertaking comes after ASC staff identified that the parties failed to disclose in a Teluric Diversified Fund offering memorandum information required by Alberta securities laws.  No sales occurred pursuant to the offering memorandum, nor are any sales contemplated in the future. The Undertaking states that Teluric International Investments, the Teluric Diversified Fund, David and Elizabeth Humeniuk agree they will cease all trading and refrain from any further trading of Teluric Diversified Fund securities until such time as the Executive Director releases them from this Undertaking.”

Who’s Dave Humeniuk you might be wondering? Why, he was a Director at Concrete Equities of course! Some truly interesting things have been said about the Santa Clara Mexico investment in court documents involving Dave Humeniuk and Vincenzo De Palma (sort of a “he said, he said” thing), and I’m planning on publishing those in the next week or two. Court documents aren’t libel because they fall under Absolute Privilege. Any lawyer reading this knows that. The document relating to the above ASC action can be found here – in short, it says that Dave Humeniuk needed to “Disclose any penalty or sanction (including the reason for it and whether it is currently in effect) that has been in effect during the last 10 years against (i) a director, executive officer or control person of the issuer, or (ii) an issuer of which a person referred to in (i) above was a director, executive officer or control person at the time.”

It seems he didn’t do that, and that’s against the rules.

A Second Letter from Vincenzo De Palma’s Lawyer Claiming Libel

vincenzo-de-palma-second-libel-letter

Above is a screen shot of the PDF file I was sent via email today by one Becky Mansour, Jeff Bone’s legal assistant. In order to “govern myself accordingly”, I’ve contacted the firm of BURNET, DUCKWORTH & PALMER LLP to advise me on this matter. I find it puzzling that Mr. De Palma’s lawyers think that simply writing the name of their client on this site is libellous. In my understanding of libel law, writing someone’s name online cannot be considered libel. At any rate, I have the weekend to consider my options and the advice of counsel.

A Letter from Vincenzo De Palma’s Lawyer Claiming Libel

Fact: Vincenzo De Palma, President of Concrete Equities, has accused me of libel via his lawyer, Jeffrey Bone.

Fact: I received the following letter today, stating this:

Vincenzo-De-Palma-libel-accusation-letter-big

Fact: I phoned Jefferey Bone less than an hour ago to inquire which of my “remarks” they consider to be “defaming” and “disparaging”, but I was unable to get in touch with him. I’m waiting to hear back from him and cannot proceed until I get clarification.

Fact: I’d much rather be editing videos of my son Logan than writing this blog post.

Fact: All information contained in this post is a fact.

UPDATE: I’ve had a short discussion with Jefferey Bone and he’s going to get specifics from his client and get back to me.