Imperial Consolidated Group
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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.
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Michael John
Harvey - |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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) |
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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 |
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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 |
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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 |
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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 |
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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 |
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Michael John Harvey |
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Bankruptcies |
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Anglo Canadian
Securities |
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Websites |
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News |
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Pannell
Kerr Forster (Bahamas) |
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Other
Administration Documents |
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Imperium Bank |
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Other News |
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Judgment |
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Regulatory
Problems |
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Get-Rich-Quick |
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Lincoln Fraser's First
Bankruptcy |
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Brook's Bankruptcy proceedings |
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Progressive Leisure Corporation |
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Bouncing Checks |
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Miscellaneous |
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Audits |
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Litigation |
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Editor's
Note |
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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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