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Tag: Canada

  • Trevor Cook Allegedly ‘Refused’ To Cooperate With Ponzi Receiver; Security Guards Posted At Van Dusen Mansion In Minneapolis

    A Minnesota man accused of operating a Ponzi scheme with Christian radio host Pat Kiley is not cooperating with the court-appointed receiver in the case and might have spent $30,000 on “gift cards” after the SEC and CFTC brought twin actions last month, according to the receiver.

    The receiver, R. J. Zayed, described efforts to locate and claim assets tied to the alleged $190 million fraud as an international paper chase.  On Dec. 21, Zayed said, the Ontario Superior Court of Justice recognized his appointment by a U.S. federal judge and granted him power over receivership assets in Canada.

    Zayed said he was able to take control over a Cook property in Rainy River. Some investors said Cook had purchased a two-person submarine on eBay for $40,000 to access the island property, but Zayed did not mention the submarine in his initial receivership report to U.S. District Court Chief Judge Michael J. Davis.

    “Based on the Receiver’s Canadian authority, the Receiver obtained a Certificate of Pending Litigation that has been filed against the property in Canada to prevent its transfer without the authority of the Receiver. In addition, the Receiver is in the process of obtaining the three necessary appraisals to sell the property.”

    The situation involving land in Panama upon which a casino was planned is less clear because of litigation filed against receivership assets in the Central American country by Oxford FX Growth, one of the relief defendants named in U.S. litigation.

    “Prior to the appointment of the Receiver, Relief Defendant Oxford FX Growth, L.P. secured Panamanian counsel and filed a lawsuit in Panama in an effort to prevent the sale of the real estate in Panama that was acquired with funds of the Receiver Estates,” Zayed said. “The Receiver has taken control of the Panamanian lawsuit, including the costs of litigation.”

    Zayed said he had been in contact with legal counsel for Oxford FX Growth, and learned that four of five pieces of property had been “successfully attached” and secured by a bond in the amount of $200,000.

    He also learned that Oxford FX Growth had filed a local claim in Panama against Cook, Gary Saunders and Holger Bauchinger for $12 million and that lawyers in Panama are attempting to perfect service.

    The Cook/Kiley investigation is among a number of Ponzi probes in Minnesota. Like other Ponzi cases, it has included spectacular allegations that investor funds were diverted to acquire expensive automobiles and real-estate. Among the assets frozen in the case is the landmark Van Dusen Mansion at 1900 LaSalle Ave. in Minneapolis.

    Zayed said he took control of the mansion and secured its furnishings and equipment on Nov. 24, with the assistance of the U.S. Marshal’s Service and the Minneapolis Police Department.

    “Trevor Cook, Patrick Kiley, Graham Cook and Marc Trimble were found on and escorted from the premises without being allowed to remove any property (except for Patrick Kiley who was allowed to take his personal clothing and toiletries with him),” Zayed said.  “All exterior locks were changed and security guards were posted to safeguard the property.”

    He added that he found 41 computer hard drives and other media at the mansion and that they were “forensically copied.” Meanwhile, 21 computer hard drives and other media were found at a separate property at 12644 Tiffany Court in Burnsville, Minn. The data was copied, the premises and furnishing were secured, locks were changed and guards were posted.

    To date, Zayed said he has seized six cars — a 1989 Rolls Royce; a 1985 Pontiac Fiero;  a 1989 Mercedes 420 SEL; a 1998 BMW Z3; a 2000 Lexus; and a 2004 Audi RS6 — and “has identified additional vehicles that may be subject to the Receivership.”

    Cook, he said, “has asserted the Fifth Amendment privilege and refused to cooperate with the Receiver.” Zayed also asserted that Cook might have depleted receivership assets after the SEC and CFTC brought their respective cases.

    “In December, the Receiver received information that Mr. Cook had been purchasing gift cards in large denominations,” Zayed said. “As a result of this information, Mr. Cook turned over approximately $30,000 in gift cards and now faces Motions brought by the SEC and CFTC for a Rule to Show Cause as to why he should not be held in contempt of the Court’s asset freeze orders.”

    A hearing on the motions is set for Jan. 8.

    Zayed said he has been receiving “30 to 60” calls from investors each day. He established a website for information.

    See Cook/Kiley Receivership website.

    U.S. District Court for the District of Minnesota also has established a Cook/Kiley website.

  • A PONZI WORLD FIRST? Regulators Have Evidence Accused Minnesota Schemer Trevor Cook Bought A ‘Submarine’ To Shuttle To Private Island

    You’ve heard about the Ponzi mansions. You’ve heard about the luxury automobiles — Scott Rothstein’s $1.6 million Bugatti and the $350,000 Rolls-Royces he and suspects in other Ponzi schemes enjoyed.

    Now comes word that Trevor Cook, implicated in Minnesota with radio talk-show host Pat Kiley in an alleged Ponzi scheme involving at least $194 million, owned a submarine.

    Not a submarine sandwich, but an actual, two-person, submersible submarine used for underwater transit. It allegedly was purchased on eBay for $40,000 and was used to tool around the waters that surrounded his private island in Canada.

    Yep, he allegedly bought himself his own island, too.

    An old-fashioned speedboat to access the island, perhaps, was too practical. And perhaps building a bridge to the island upon which Cook could pilot his Rolls was too expensive, even for an alleged Ponzi-schemer forcing himself to draw the line somewhere. (Yes, regulators say that Cook, like Rothstein and others, also owned a Rolls.)

    At least two people who’ve been deposed in the Cook case have referenced the submarine. And Cook referenced it himself in an email sent to an associate in Europe last spring, according to the Star Tribune of Minneapolis-St. Paul.

    He appeared to be disappointed after the purchase, the newspaper reported, because the waters surrounding the island were muddy. Not to worry, though: Cook ventured the sub would serve its intended purpose much farther south — in Panama, where he believed the water to be more sub-friendly than those dark waters in Canada.

    We obtained a copy of the Sept. 14 transcript in which SEC attorney Steven L. Klawans was conducting the deposition of witness Gerald Durand. The deposition turned to the matter of Cook’s affinity for expensive things.

    “Does Cook own any boats, planes or anything?” Klawans asked Durand.

    “I heard be bought a sub,” Durand replied.

    The transcript does not capture the emotional feel of the setting, but it’s easy to imagine that people observing the deposition were stunned.

    “A what?” Klawans intoned.

    “Submarine,” Durand reaffirmed.

    A moment later, in response to another question by Klawans, Durand told a story that may become the stuff of legend in the Ponzi world.

    “[Cook] told me . . . he bought the sub because he bought the island, so he needed a submarine to sail around the water up there. It’s a two-man deal. Paid $40,000 for it off of [eBay].”

    Visit the Star Tribune, whose coverage of both the alleged Tom Petters’ Ponzi scheme and the alleged Cook/Kiley Ponzi scheme has been riveting.

    Screen shot: Deposition in Cook/Kiley Ponzi case.
    Screen shot: Deposition in Cook/Kiley Ponzi case.