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Imperial Consolidated Group
 

Below are a number of documents concerning the Imperial Consolidated Group, which defrauded its clients of more than $300 million. The group had a Delaware-registered holding company and operations that were based in Grenada and the United Kingdom. You must have the Adobe Acrobat Reader software program to open the documents.

Michael John Harvey -

U.K. High Court Judgment dated March 21, 2003 in which Imperial Consolidated's former attorney Michael John Harvey failed to regain control of his law practice from the Law Society.

The judgment deals extensively with the fraudulent investment schemes operated by Imperial Consolidated. The judge described Lincoln Fraser and Jared Brook as "greedy and unscrupulous".

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Bankruptcies

Lincoln Julian Fraser and Jared Bentley Brook were both declared bankrupt at Grimsby County Court, England, on May 2, 2003. It is the second bankruptcy in just over seven years for Fraser at the age of just 31.

The petitioning creditor was Deighton International, a leisure/tourism management and development firm which is based in Southampton, England and whose previous projects have included The Millennium Dome, in London.

On May 7, Deighton International issued a press release regarding the bankruptcies.

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Anglo Canadian Securities

Three former Imperial Consolidated officers, including ex-British policeman Gary Alexander Lyons, are directors of Anglo Canadian Securities Inc., which is seeking to raise money through unregistered securities offerings by offering annual returns of up to 10.75 per cent from a personal injury product that is virtually identical to one previously offered by Imperial.

 

Directors of Anglo Canadian, which is operated from Canada and the UK, include Lyons, former Imperial Group CEO Bill Godley and former Imperial Canada boss Donato Carucci.

 

Also involved as a "consultant" is British national Bruce Herriman, a long-standing associate of Gary Lyons.

 

The company even has the same public relations spokesman as Imperial, namely Andrew Sharkey, of Luther Pendragon, whose firms issued several false statements on Imperial's behalf before it went bust. It also has the same insurance broker, John Sevastopulo, of The FirstCity Partnership.

 

A director of two of Anglo Canadian's business partners, RM Management Services and Invaro Ltd., both of the UK, is Giles Richard Hutchinson, a former Company Secretary of Tucuman Land Holdings, the biggest debtor of Imperial Consolidated and believed to be the vehicle that was used to strip the group of more than $200 million of its assets.

 

Nowhere in offering memoranda does it mention Imperial Consolidated or the massive fraud that it perpetrated against its clients.

 

A comprehensive story on the above can be found in our 'Story Library'. An article on the role of Luther Pendragon with Imperial Consolidated and, now, this Imperial spin-off will be published in the March 31, 2003 edition of OffshoreAlert. One of the questions we have asked the PR firm's management is whether they believe the company has a special immunity from civil or criminal actions for issuing false statements on behalf of clients, as it did with Imperial, simply because it is a public relations firm.

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Websites

Websites regarding Imperial Consolidated have been set up by: Clients, who have started legal proceedings; David Stewart, a former business associate turned adversary; and Mazars Neville Russell, Imperial's UK-based administrator.

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News

 

Download a copy of a civil complaint - and an accompanying 88-page affidavit from administrator Philip Lyon - filed in August, 2002 by Mazars Neville Russell against Lincoln Fraser, Jared Brook and 17 other defendants at the UK High Court. Among the various allegations are that Fraser and Brook sold a company airplane two days after Imperial went into administration and pocketed the proceeds. This is the action which is at the core of the Imperial Consolidated administration.

 

Also, Lincoln Fraser has managed to stave off bankruptcy - for the time being - at the eleventh hour.

 

Mazars Neville Report dated August 30, 2002, which includes a flow chart indicating that the Imperial Consolidated Group was controlled by The Fraser Brook Partnership, notwithstanding claims by Imperial in the past that Lincoln Fraser and Jared Brook, the owners of The Fraser Brook Partnership, had not been involved with Imperial since 'resigning' in April, 2001. The report also includes details of legal action that has been commenced against several parties, including Fraser and Brook, and a list of creditors. OffshoreAlert obtained the report from Companies House for England & Wales, where it had been filed by Mazars Neville.

 

Despite a freeze against his assets, Lincoln Fraser has found sufficient money to buy himself two British 'journalists' called Simon Cross and Lesley Tither to serve as his spin doctors. Neither disclose that they work for Fraser when preparing and distributing their press releases about the Imperial Consolidated Group. Cross and Tither work for Matrix International, whose commercial address is the same as that used by Fraser and Brook. The principal director of Matrix International is Hugh Allen, whose contact address in Companies House filings is the home address of Lincoln Fraser. It is unclear whether Fraser and Allen live together or whether he uses Fraser's home only as a mailing address. The Company Secretary of Matrix is Michael Swallow, who previously worked for Imperial Consolidated and The Fraser Brook Partnership, both of whose assets are frozen.

 

Meanwhile, on August 12, 2002, the High Court in London issued an asset freeze order against the assets of Lincoln Fraser and Jared Brook, the co-founders of the Imperial Consolidated Group. The court also issued search and seize orders, allowing Imperial's joint administrators, Philip Michael Lyon and Alistair Steven Wood, of Mazars Neville Russell, to enter the residential and business addresses of Fraser and Brook and seize their books and records.

 

Imperial's initial Statement of Affairs shows net assets of GBP11.27 million (approximately US$17.65 million). However, this calculation is based on figures booked by Imperial's former management and, as such, is unreliable. Mazars Neville Russell is in the process of independently determining a realistic value for Imperial's assets and it seems likely - to OffshoreAlert, at least - that the final figure will reveal substantial insolvency.

 

The Statement of Affairs shows that GBP121.3 million (US$190 million) of Imperial's total booked assets are in mining rights in Argentina. The financial state of the group depends to a large extent on the legitimacy and credible valuation of these assets.

 

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Pannell Kerr Forster (Bahamas) Letter

 

Letter from OffshoreAlert to Bill Wallace, Partner of accounting firm Pannell Kerr Forster (Bahamas), sent on October 26, 2000 questioning the credibility of PKF's audits of Imperial Consolidated's offshore mutual funds.

 

Wallace never responded to the questions and expressed no interest in learning more about allegations of impropriety against Imperial during a telephone conversation with OffshoreAlert that preceded our letter. PKF, which was an affiliate of disgraced accounting firm Arthur Andersen, continued to issue worthless audits and/or reviews for Imperial Consolidated until Imperial collapsed nearly two years later with estimated liabilities of approximately US$330 million and is now a potential target for a creditors' lawsuit.

 

After we spoke with, and faxed questions to, Wallace, OffshoreAlert published an article that included the following sentence: "We have filed our fax away should it ever be needed in the event of possible legal proceedings if Imperial Consolidated eventually goes pear-shaped, like several other firms run by Lincoln Fraser and Jared Brook."

 

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Other Administration Documents

 

Letter dated June 27, 2002 from Mazars Neville Russell to Imperial Consolidated creditors announcing that applications were being made to wind-up four Grenada-registered companies: IC Mutual Limited, ICS Placements Limited, Alpha Windward and Leeward Limited (formerly IC Mutual Funds Limited) and Commercial and Asset Backed Placements Limited.

 

An order placing these firms into provisional liquidation was issued the following day by a court in Grenada.

 

Four-page Administration Order issued by the High Court of Justice, Leeds, England on June 10, 2002.

 

Imperial issued a press release on June 13, 2002 announcing the administration.

 

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Imperium Bank

Imperium Bank, which was taken over by the Grenada International Financial Services Authority on April 25, 2002 and later went into liquidation.

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Other News

An investor who had previously invested in one of Imperial Consolidated's offshore mutual funds received a letter on September 28, 2001 that began: "We are pleased to announce that, with immediate effect, we will be acting under the name of Alpha Toronto Management Company SL." That company is linked with Alpha Toronto Series Inc., which is represented in Canada by Donato Carucci and in Spain by Robert Statham Raven, both of whom are long-time Imperial Consolidated officers. Imperial Consolidated claims that it is not linked with Alpha Toronto, whose registered address in the UK is Imperial's headquarters in Mayfair, London. In the last six weeks of 2001, Imperial's two companies in New Zealand and Australia each changed their names to titles beginning with 'Alpha Equities'.

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Judgment

Judgment issued on December 18, 2001 in the High Court of New Zealand, Dunedin Registry in favor of David Stewart and against Imperial Consolidated Group PLC and Imperial Consolidated Securities S. A. Our 50-page 'pdf' file includes documents that the judge determined had been "backdated", some of which bear the signature of Bill Godley, who was appointed Group CEO of Imperial Consolidated in April, 2001.

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Regulatory Problems

On July 25, 2001, the Australian Securities & Investments Commission issued a STOP ORDER preventing Imperial Consolidated-subsidiary I. C. Mutual (Australasia) Ltd. from issuing, offering, selling or transferring any securities to the public after several unsuccessful attempts by the firm to have its prospectus approved.

 

Press release from the Department of Trade and Industry in the UK dated July 19, 2001 announcing that Lincoln Fraser and Jared Brook have each been disqualified from serving as a company director.

 

Australian Securities & Investments Commission takes regulatory action against I. C. Mutual (Australasia) Ltd. on December 21, 2000.

 

Letter from New Zealand Serious Fraud Office in 1998 headlined 'INVESTIGATION INTO THE AFFAIRS OF IMPERIAL CONSOLIDATED MANAGEMENT'.

 

Warning issued against Imperial Consolidated Securities by New Zealand Securities Commission on May 3, 1999.

 

Another warning about Imperial Consolidated Securities issued by the New Zealand Securities Commission in July 1999 under the heading 'Dubious Overseas Investments'.

 

'Scam Watch' warning against Imperial Consolidated Securities issued by the Ministry of Consumer Affairs in Wellington, New Zealand.

 

Imperial Consolidated Securities is listed on 'A-Z of Scams' produced by the Consumers' Institute of New Zealand. (Link to their web-site).

 

A civil lawsuit filed by the US SEC involving an alleged "150 per cent per week" return investment scam in which City UK is named as a relief defendant.

 

A copy of the "consent to final judgment" by Imperial Consolidated subsidiary City UK in the above lawsuit filed by the SEC.

 

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Get-Rich-Quick

An admission by Imperial Consolidated subsidiary City UK in 1999 that it believes in the existence of products that "offer extremely high returns with a guarantee (usually from a top world bank)".

 

Letter from a Thai investor to Imperial Consolidated (Australia) referring to a "program" that purported to pay "at least 30% profits guaranteed per month as our discussion over the phone".

 

A scheme operated by Imperial Consolidated Securities called 'Rusaust' in which investors are offered a return of 9.25 per cent per month and brokers are offered a 40 per cent commission.

 

Letter from Imperial Consolidated in July 1998 referring to "guaranteed" returns of up to 26.8 per cent per year.

 

Imperial Consolidated document in 1998 referring to a "guaranteed" yield of two per cent per month.

 

NOTE: We also have documentation naming Imperial Consolidated in which investors are offered returns of 200 per cent in 45 days.

 

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Lincoln Fraser's First Bankruptcy

Bankruptcy Order against Lincoln Fraser, issued at Lancaster County Court, England, on January 10, 1996. The order was annulled on November 7, 1997.

Fraser accused of having a "cavalier attitude" towards his bankruptcy and the failure of Progressive Leisure Corp.

Fraser's attempt to reverse his bankruptcy is rejected in August, 1996 by the High Court of Justice, Chancery Division, Preston District Registry.

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Bankruptcy proceedings against Jared Brook

Letter dated July 8, 1996 re. bankruptcy proceedings against Jared Brook

Letter dated November 13, 1996 mentioning bankruptcy proceedings against Jared Brook. The proceedings were later withdrawn.

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Progressive Leisure Corporation (liquidated)

Lancashire Evening Post story on July 14, 1995 about Lincoln Fraser and Jared Brook apparently abandoning the Midland Grand Hotel, which they managed.

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Bouncing Checks

Copy of bounced check for GBP5,000 issued in the name of Progressive Leisure Corp.

Creditor's reaction to the above bounced check and "a desk full of promises...all of which have come to nought"

Details of three bounced checks, each for GBP3,000, issued in the name of Progressive Leisure Corp.

Details of a bounced check for GBP2,921.05 issued in the name of O.T.A.N. Ltd., another Lincoln Fraser/Jared Brook failed company.

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Miscellaneous

Literature relating to Bentley Holdings, an unregistered company operated by Lincoln Fraser and Jared Brook which led to an investigation by the UK Department of Trade & Industry.

Details of previous company failures involving Imperial Consolidated principals Lincoln Fraser and Jared Brook.

Photograph of Imperial Consolidated principal Lincoln Julian Fraser shaking hands with one-time business partner, Syrian-born international arms dealer Monzer al-Kassar.

Proof that Imperial Consolidated has an office in New Zealand, which it denies in its libel complaint against OBNR.

Imperial Consolidated is implicated in a scheme to persuade residents of low income homes in England to pay for housing repairs they might not need.

"Pre-approved" loans from Imperial Consolidated that do not appear to be pre-approved at all. Report in The Times of London newspaper.

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Audits

Imperial Consolidated PLC audit for 17.5 months ended September 30, 2001. It only includes three active UK subsidiaries, no overseas entities.

Audit of I. C. Mutual Ltd., a Bahamas-based mutual fund company operated by the Imperial Consolidated Group. Dated June 30, 2000 and prepared by Pannell Kerr Forster (Bahamas). Note that this firm has zero expenses, with no adequate explanation from Pannell Kerr Forster as to who paid them.

Procedures Review of I. C. Mutual Ltd. by Pannell Kerr Forster (Bahamas), dated February 29, 2000. The review looks at IC Mutual's internal controls and procedures.

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Litigation

Letter from Imperial Consolidated's attorney in Miami to Offshore Business News & Research dated January 31, 2001.

Another letter from a different Imperial Consolidated attorney based in Florida also threatening a lawsuit against OBNR.

Letters between Imperial Consolidated and Offshore Business News & Research during January, 2001.

Imperial Consolidated PLC vs. OBNR, civil libel lawsuit filed at the Circuit Court of the Eleventh Judicial Circuit in Miami-Dade County, Florida. (1.6 MB file)

Imperial Consolidated loses its bid to obtain an injunction preventing OffshoreAlert from reporting about it, just like the First International Bank of Grenada before it.

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Quick Reference

Michael John Harvey

Bankruptcies

Anglo Canadian Securities

Websites

News

Pannell Kerr Forster (Bahamas)

Other Administration Documents

Imperium Bank

Other News

Judgment

Regulatory Problems

Get-Rich-Quick

Lincoln Fraser's First Bankruptcy

Brook's Bankruptcy proceedings

Progressive Leisure Corporation

Bouncing Checks

Miscellaneous

Audits

Litigation

 

Editor's Note

Perhaps the most surprising aspect of the more than $300 million fraud committed by the Imperial Consolidated Group is how it highlighted the chronic lack of effective regulatory enforcement that exists in the United Kingdom, which is one of the world's leading financial centers.

Although Imperial Consolidated had legal entities in several jurisdictions, including an offshore bank and several mutual funds in Grenada, most of its personnel and senior management were based in England.

Regulators in the Bahamas, New Zealand, Australia, Barbados and Grenada all took action against the group before it collapsed in mid-2002 but, as I write this on May 17, 2003, I am not aware of a single regulatory action by the U. K. authorities even though most of the illegal activity took place in its jurisdiction.

It should be noted that the company director disqualifications of Lincoln Fraser and Jared Brook, which took effect in February, 2002, did not relate to Imperial Consolidated but their prior business activities.

U.K. regulators have apparently learned little from the Imperial debacle since they are again standing by while its former officers operate a virtually identical scheme from London in the name of Anglo Canadian Securities. You don't have to be particularly clever or cynical to conclude that the life-destroying consequences for clients are likely to be the same.

When OffshoreAlert asked the Financial Services Authority in 2002 why it had not stopped Imperial Consolidated operating its offshore bank and mutual funds in England without licenses, we were told that it was precisely because the group held no U.K. investment licenses that the FSA could not intervene.

So, there you have it, if you want to operate a bank or collective investment scheme in the U.K. free from regulatory interference, simply don't bother to obtain a license and you'll be all right.

If it happened in an offshore financial center, there would be calls to close it down - probably from the U.K.!

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