| "HOUSTON V. HOUSTON ET AL." CONTINUED |
THE BANKS, THE BROKERAGES AND THE REGULATORS
Now we can get back to the Houston v. Houston et al. suit and TD's reasons for the million dollars
worth of equity to disappear from the corporate brokerage and bank accounts in 2002. TD's
explanation for all that money to disappear? They don't have one.
In May 2007 I began talking to the TD ombudsman about why the cash I'd deposited in two TD
Canada Trust company bank accounts I'd opened (about $2,800.00 total) was removed in 2002 and
why the accounts were closed. The money had been removed illegally, I said, and had to be
replaced. Three letters to the ombudsman later a response from Kerry Peacock, a TD Canada
Trust senior-vice president, arrived. Peacock said: "TD is unable to provide you with information."
Attached to the letter were copies of a September 6, 2001 BC Supreme Court judgment and a
January 28, 2002 BC Supreme Court judgment, both procured by Vancouver, BC lawyer Carey D.
Veinotte.
I told TD's ombudsman that in order for TD Canada Trust to empty out private bank accounts the
bank has an obligation to provide legal grounds for its actions, in writing, within a reasonable period
of time. After five years TD Canada Trust had not remitted any justification for its actions. I told
Fisher the court judgments Peacock included didn't order the removal of cash from the accounts nor
did they order the closing of the accounts (they didn't). Fisher wrote to tell me he concurred with
Peacock's position and TD wouldn't respond to anything else I say.
The matter was reported to OBSI. OBSI did not issue a reply.
Next I wrote to TD Waterhouse's legal/compliance department about the theft of the million dollars
I deposited in the two accounts I opened at the brokerage. I explained how in July of 2002 the
accounts were compromised and a cluster of unauthorized transfers took place. One day the money
was right there where it should be, the next day -- gone. All the holdings transferred to an
unidentified destination. I was the sole signing officer on the accounts and I didn't authorize the
transfers. TD had remitted no paperwork, no justification of any nature to allow for the movement
of my capital. TD Waterhouse had participated in a fraud scheme when it released the securities to
an unidentified third party. Just because some other crooked fraud-shop/chop-shop brokerage asks
for the securities doesn't mean TD has an obligation to hand the loot over. No one's holding a gun
to TD's head saying they've got to participate in illegal swindles. Most importantly, I informed TD,
it's not TD Bank Financial Group's money to give away. Like the retirement account, the money's
not yours, you can't touch it. The accounts had to be restored.
The response I got was absolutely incredible.
I received a reply dated August 3, 2007 from TD Waterhouse employee Julian Frankiss. In the
letter Frankiss said this: "I have examined our files for each account and can say incontrovertibly
that the TD Bank Financial Group acted appropriately on the instructions of the person having
authority over the accounts at all times."
That's all I got. Julian Frankiss did not cite any legal instrument, no court order, no Canada
Revenue Agency demand, nothing to support the expulsion of the securities from the accounts to
god knows where. Frankiss' brief written denial of wrongdoing was the full extent of TD Bank
Financial Group's disclosure to support the removal of the funds I deposited in good faith with TD
Waterhouse.
After five years of silence the best TD Waterhouse could come up with is: "TD Bank Financial
Group acted appropriately."
TD Waterhouse may believe its actions were appropriate, but they certainly weren't legal. There is
a distinction between appropriate and legal.
I wrote to Fisher and explained that simply informing the client the undertaking is appropriate is not
a sufficiently high enough legal standard to support TD Waterhouse releasing one million dollars of
privately-owned equity to an unknown third party. As the owner and president of the companies,
when I established the corporate holdings at TD Waterhouse I designated myself the sole signing
officer on the accounts. TD's records will prove this. The only person with signing authority on the
TD Waterhouse Discount Brokerage accounts was me -- the owner of the private equity -- and no
one else. Instructions to transfer the assets elsewhere were in fact not derived from the person with
authority over the accounts.
As a means of quickly ending this dispute with TD Bank Financial Group a proposal was presented
to its C.E.O. I suggested the ombudsman consider the offer as well. According to TD Bank
Financial Group's own documentation, at least $1 million in assets went missing from my TD Bank
Financial Group corporate accounts in 2002. Yet TD Bank can't come up with an explanation that
holds water for all that capital to disappear from the accounts. In fact TD Bank can't come up with
any explanation at all.
I offered to accept from TD Bank Financial Group a cheque issued to me personally in the amount
of $1 million dollars. Pay me off and these problems disappear. I keep quiet, I won't say another
word about this to anyone. No more letters to TD employees, no more letters to TD management,
no more letters to the regulatory authorities. I won't even sue TD in a court of law. By rights I
could charge TD Bank severe penalties and interest for a term of five years for the loss of the
confiscated capital, but I'll settle for one million dollars of my own money.
That was my offer. TD neither consented to nor rejected it. After some prodding I got a letter
from the ombudsman saying he concurs with the Frankiss position. The funds were released to a
third party "appropriately" by TD Waterhouse.
TD Bank Financial Group does not have a functioning ombudsman office.
These incidents of theft at TD Bank Financial Group were reported to the Vancouver Police
Department and the RCMP in the form of criminal fraud complaints in 2005. The police have
issued no response. More about how the police are functioning as a protection racket for criminals
later.
Now we can get back to the Houston v. Houston et al. suit and TD's reasons for the million dollars
worth of equity to disappear from the corporate brokerage and bank accounts in 2002. TD's
explanation for all that money to disappear? They don't have one.
In May 2007 I began talking to the TD ombudsman about why the cash I'd deposited in two TD
Canada Trust company bank accounts I'd opened (about $2,800.00 total) was removed in 2002 and
why the accounts were closed. The money had been removed illegally, I said, and had to be
replaced. Three letters to the ombudsman later a response from Kerry Peacock, a TD Canada
Trust senior-vice president, arrived. Peacock said: "TD is unable to provide you with information."
Attached to the letter were copies of a September 6, 2001 BC Supreme Court judgment and a
January 28, 2002 BC Supreme Court judgment, both procured by Vancouver, BC lawyer Carey D.
Veinotte.
I told TD's ombudsman that in order for TD Canada Trust to empty out private bank accounts the
bank has an obligation to provide legal grounds for its actions, in writing, within a reasonable period
of time. After five years TD Canada Trust had not remitted any justification for its actions. I told
Fisher the court judgments Peacock included didn't order the removal of cash from the accounts nor
did they order the closing of the accounts (they didn't). Fisher wrote to tell me he concurred with
Peacock's position and TD wouldn't respond to anything else I say.
The matter was reported to OBSI. OBSI did not issue a reply.
Next I wrote to TD Waterhouse's legal/compliance department about the theft of the million dollars
I deposited in the two accounts I opened at the brokerage. I explained how in July of 2002 the
accounts were compromised and a cluster of unauthorized transfers took place. One day the money
was right there where it should be, the next day -- gone. All the holdings transferred to an
unidentified destination. I was the sole signing officer on the accounts and I didn't authorize the
transfers. TD had remitted no paperwork, no justification of any nature to allow for the movement
of my capital. TD Waterhouse had participated in a fraud scheme when it released the securities to
an unidentified third party. Just because some other crooked fraud-shop/chop-shop brokerage asks
for the securities doesn't mean TD has an obligation to hand the loot over. No one's holding a gun
to TD's head saying they've got to participate in illegal swindles. Most importantly, I informed TD,
it's not TD Bank Financial Group's money to give away. Like the retirement account, the money's
not yours, you can't touch it. The accounts had to be restored.
The response I got was absolutely incredible.
I received a reply dated August 3, 2007 from TD Waterhouse employee Julian Frankiss. In the
letter Frankiss said this: "I have examined our files for each account and can say incontrovertibly
that the TD Bank Financial Group acted appropriately on the instructions of the person having
authority over the accounts at all times."
That's all I got. Julian Frankiss did not cite any legal instrument, no court order, no Canada
Revenue Agency demand, nothing to support the expulsion of the securities from the accounts to
god knows where. Frankiss' brief written denial of wrongdoing was the full extent of TD Bank
Financial Group's disclosure to support the removal of the funds I deposited in good faith with TD
Waterhouse.
After five years of silence the best TD Waterhouse could come up with is: "TD Bank Financial
Group acted appropriately."
TD Waterhouse may believe its actions were appropriate, but they certainly weren't legal. There is
a distinction between appropriate and legal.
I wrote to Fisher and explained that simply informing the client the undertaking is appropriate is not
a sufficiently high enough legal standard to support TD Waterhouse releasing one million dollars of
privately-owned equity to an unknown third party. As the owner and president of the companies,
when I established the corporate holdings at TD Waterhouse I designated myself the sole signing
officer on the accounts. TD's records will prove this. The only person with signing authority on the
TD Waterhouse Discount Brokerage accounts was me -- the owner of the private equity -- and no
one else. Instructions to transfer the assets elsewhere were in fact not derived from the person with
authority over the accounts.
As a means of quickly ending this dispute with TD Bank Financial Group a proposal was presented
to its C.E.O. I suggested the ombudsman consider the offer as well. According to TD Bank
Financial Group's own documentation, at least $1 million in assets went missing from my TD Bank
Financial Group corporate accounts in 2002. Yet TD Bank can't come up with an explanation that
holds water for all that capital to disappear from the accounts. In fact TD Bank can't come up with
any explanation at all.
I offered to accept from TD Bank Financial Group a cheque issued to me personally in the amount
of $1 million dollars. Pay me off and these problems disappear. I keep quiet, I won't say another
word about this to anyone. No more letters to TD employees, no more letters to TD management,
no more letters to the regulatory authorities. I won't even sue TD in a court of law. By rights I
could charge TD Bank severe penalties and interest for a term of five years for the loss of the
confiscated capital, but I'll settle for one million dollars of my own money.
That was my offer. TD neither consented to nor rejected it. After some prodding I got a letter
from the ombudsman saying he concurs with the Frankiss position. The funds were released to a
third party "appropriately" by TD Waterhouse.
TD Bank Financial Group does not have a functioning ombudsman office.
These incidents of theft at TD Bank Financial Group were reported to the Vancouver Police
Department and the RCMP in the form of criminal fraud complaints in 2005. The police have
issued no response. More about how the police are functioning as a protection racket for criminals
later.
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