Wednesday, 30 January 2013

KPMG Facing $2.4 Billion Racketering Lawsuit

April 11, 2010

Second Straight Supreme Court of British Columbia Chief Justice – Robert Bauman – grants KPMG’s attempt to stifle Freedom of Speech

Vancouver, B.C. April 7, 2010 – Oracle Media has learned that a Court Order to silence a local magazine was pronounced by the recently appointed Chief Justice of the Supreme Court of British Columbia, Robert Bauman. This pattern of muzzling the truth and free speech against all residents of British Columbia and/or select media outlets continues a trend started by the former Supreme Court of British Columbia Chief Justice – Donald Brenner. Mr. Brenner has now returned as a lawyer to a Vancouver law firm upon his sudden and surprising early retirement.

The staff of KiDDAA Magazine (, received on Thursday, March 4, 2010, via email, a Notice of Motion by KPMG’s counsel (Gudmundseth Mickelson LLP – This was entered into the Vancouver Court Registry on March 2, 2010; as well as a hand-written Short Leave Application. Both were surprisingly granted, on an ex-parte basis by Honourable Chief Justice Bauman on March 3, 2010. This Motion is in regards to the decade long involuntary bankruptcy matter of, well-known Canadian philanthropist and industrialist, Erwin Singh Braich, 54, (Action No. 193466VA99 – Vancouver Registry). Along with others, KiDDAA Magazine had been reporting on the matter for several months.

It was during this period of time that KiDDAA Magazine temporarily faced some rather harsh treatment from Facebook for some of the content that was posted relating to this matter.

KiDDAA Magazine had their account suspended and was forced to go offline, at the urging of “certain parties”. Facebook restored KiDDAA Magazine’s account, including all content, shortly after the magazine deployed their legal advisors.

In a strong and detailed letter to the court, it was clearly made known that the magazine obviously had only one business day – Friday, March 5, 2010 – to retain a lawyer for the Monday, March 8, 2010, morning Chambers Hearing. The lightning speed at which KPMG, their counsel and the Court proceeded is allegedly only one of the many violations of statutes, court guidelines, policies, and ultimately the Charter of Rights and Freedoms which has been committed by these parties.

The letter further goes on to apprise the Court that the motion filed by KPMG is a “clear violation of our rights under the Canadian Charter of Rights and Freedoms” and that, “Any decision pronounced in haste, would only serve to oppress others in the future, as any decision pronounced……could be relied upon by others trying to violate Freedom of Speech and the Charter Rights of Canadians”.

The letter ends by stating, “In our humble opinion, to blame KiDDAA Magazine for any activity that is considered disparaging without proof thereof is simply unacceptable in Canada”.

To read the letter please click here:

It seems that it is no coincidence that the Braich matter once again drew another Chief Justice and/or Associate Chief Justice.

Oracle Media has verified that none of the Affidavit material that was relied upon by the Court to make their quick decision, was scrutinized and/or cross-examined, as has been the case for ten years in this highly unusual, and unprecedented involuntary bankruptcy proceeding.

The Affidavits and/or Declarations that former KPMG Senior Vice-President Robert Rusko filed in Vancouver, B.C. and in Seattle, Washington, have never been allowed to be put under any scrutiny whatsoever, yet they were relied upon again to pronounce yet another decision.

In addition, Oracle Media has learned that a few weeks ago Mr. Rusko suddenly severed ties with his long time employer, global accounting giant, KPMG.

Robert Rusko was the last of the employees that had worked on the Braich file to leave KPMG. Prior to his departure, David Wood, Stephen Boale and Darren Bidulka, who all had worked on the file, had left the firm.

It is alleged by Mr. Braich and his creditors that David Wood and Vancouver lawyer, Brian McLean, assisted in orchestrating the unlawful raid of Mr. Braich’s motel room in Bellingham, Washington. It was shortly after the raid and just after Madam Justice Morrison ruled that Brian McLean had a conflict of interest, that David Wood departed from KPMG.

When calling for comment, California based Quantum Media, among others, was not given any forwarding information, and has been unable to locate Mr. Rusko.

After David Wood left KPMG, he and Stephen Boale started their own firm ( and have handled other matters for Brian McLean and Glenn Walsh (

When contacted by Quantum Media, David Wood refused to speak about the matter and Stephen Boale lied by stating he had left the firm some ten years ago, and was “glad” he was no longer with KPMG and that he had “nothing” to do with “those guys”. Documents bearing his signature clearly indicate he was still working there less than ten years ago.

To read some of the questions that David Wood, Stephen Boale and Brian McLean, still refuse to answer please click here;

To read more about Robert Rusko please click here:

After Mr. Braich’s room was raided in Bellingham, Washington, some of the documents that were illegally removed from his room, found there way into the hands of the B.C. Securities Commission. The Braich team of advisors possesses written correspondence from the B.C. Securities Commission that they never requested any of the documents that were sent to them. This dissemination of documents to the B.C. Securities Commission and subsequent dissemination of documents to the Alberta Securities Commission will also be part of the RICO litigations that will be filed in the United States. A civil rights lawsuit was filed in Seattle, Washington, on February 2, 2007.

A very important electronic tape recording of the approximately 4 ½ hour meeting between Robert Rusko, Stephen Boale, the alleged bankrupt and another witness, has never been returned. This extremely comprehensive meeting which was taped by mutual consent, included many assurances, acknowledgments and agreements between the parties. The subject meeting took place in early 2000.

The B.C. Securities Commission also confirmed that they had not dealt with Erwin Singh Braich since he started Braich Capital Corporation in the late nineties. Braich Capital Corporation was a public offering with an issue size of $150 Million.

Braich Capital Corporation was an entity that was formed with the advice and approval of many of Canada’s top advisors including accounting giant Ernst & Young (Edmonton) and Bull, Housser & Tupper LLP (Vancouver).

Ironically the current Chief Justice of the Supreme Court of Canada – Right Honourable Beverly McLachlin (the first woman ever to be appointed as Canada’s top judge), once practiced at Bull, Housser & Tupper LLP, as did the current Chief Justice of the Supreme Court of British Columbia, Robert Bauman.

According to court records, one of the bankruptcy and insolvency experts that advised a lawful creditor of Mr. Braich, (Mr. Satinder Dhillon), did so while practicing at Bull, Housser & Tupper LLP.

Oracle Media has been informed that a writer formerly employed by the Business in Vancouver newspaper, Brent Mudry, will also eventually receive a subpoena from the United States in regards to some of the libelous, and poorly researched articles he wrote in 1999, about Erwin Singh Braich.

Court records indicate that KPMG’s current lawyers, Howard Mickelson and Jonathan Tweedale, were and are not approved by the majority of lawful creditors. These records also reflect that Mr. Mickelson was present in 1999, at an improperly convened first meeting of creditors (which was pronounced to be improperly convened by the Supreme Court of British Columbia on September 12, 2000). In over ten years there has yet to be a properly convened first meeting of creditors pursuant to the Bankruptcy and Insolvency Act.

At this meeting it appears that attorney Mickelson was representing a creditor, however this was not the case. His client was paid in excess of $1 million by the world’s largest accounting firm, PriceWaterhouse, to purchase the unsecured debt of Mr. Braich. Subsequent to his representation of a former lawful creditor (Pat Power Forest Products) then Mr. Mickelson becomes the sole counsel for KPMG.

Despite having no lawful creditor as a client, Mr. Howard Mickelson took an active role during the improperly convened meeting.

To read more about the B.C. Supreme Court Chambers Hearing, where a proper first meeting of creditors was ordered to be held, please click here:

During the Chambers Hearing on September 12, 2000, B.C. lawyer Steve Postman, who then practiced at McLean & Armstrong, represented a petitioning creditor, Glenn Walsh/Tercon Contractors. Mr. Postman has for some years been employed by the Canadian Department of Justice.–

Astoundingly, KPMG failed to invite and/or notify the alleged bankrupt and the only secured creditor (Clock Holdings Ltd.) pursuant to the Bankruptcy and Insolvency Act.

At the improperly convened meeting KPMG was represented by Mr. Robert Rusko. Acting as the Chairman of the meeting was Mr. R. McFadden from the Office of the Superintendent of Bankruptcy. Mr. McFadden was also the one that confirmed the appointment of KPMG, even though the meeting was improperly convened.

Shortly after learning about this improper meeting, Braich sent a single spaced type-written seven page letter to KPMG relating to the facts in the subject matters. The contents of this letter were not limited to the topic of the appointment of Inspectors.

This letter was widely distributed, and almost immediately after receipt, Mr. Chris Calverley who also was appointed an Inspector at the time on Braich’s file, and a manager at Scotiabank in Mission, B.C., resigned his position as Inspector. Strangely, Mr. Calverley remains to this day the manager of this branch in Mission, B.C. as he was at the time of his appointment as Inspector.

It is alleged that the monetary damages suffered by Erwin Singh Braich, and his creditors, exceed $800 Million. This link provides some insight into Braich’s overseas holdings:

To read more about recently appointed Chief Justice Robert Bauman, and the enormous amount of power a Chief Justice holds; such as the sole authority over assigning cases to judges in his court, granting requests for early trial dates, asking for meetings with other judges, the power to decide who will hear applications concerning the validity of search warrants or whether the information to obtain these search warrants should be sealed from public scrutiny, please click here.

To read more about Erwin Singh Braich, a former Mission, B.C., Citizen of the Year, and recipient of the International Business Person of the Year award please click on the links below:

In late 2007, former Chief Justice Donald Brenner derailed the civil rights lawsuit that was filed by Braich in Seattle, Washington. This decision also relied upon the Affidavits that were filed by Mr. Robert Rusko. None of the Declarations filed by Mr. Rusko in the U.S., under penalty of perjury, or the Affidavits he filed in Canada were ever allowed to be cross-examined. Somehow, Mr. Rusko has avoided judicial scrutiny at every turn, thus far.

The former Chief Justice’s decision effectively barred Braich from continuing his U.S. lawsuit, that was already several months old at that point. In this dispute both the Government of Canada and The Royal Canadian Mounted Police (RCMP) had settled out of court with Braich prior to Brenner’s roadblock. The U.S. lawsuit was originally assigned to U.S. District Court Judge John Coughenour.

Just prior to the case being assigned to former B.C. Chief Justice Donald Brenner (for a last ditch effort by Defendants KPMG and others at thwarting the Braich lawsuit in the State of Washington), Judge Coughenour had pronounced a favorable interim decision for the Plaintiff Erwin Singh Braich.

To read more about that case please click on the links below:

It was only after attorneys for Plaintiff Braich served KPMG International in Toronto, Ontario, pursuant to international treaties, that the trustee in bankruptcy decided to make any comment on a voluminous and comprehensive Statement of Affairs. This Statement of Affairs was filed by Braich many years earlier.

To read more about Erwin Singh Braich, and this unprecedented and historic matter please click here:

To read more about a related matter; known as the Clock Holdings Ltd. v. Bridgewater Properties Inc. et al litigation, involving prime waterfront property located in Mission, B.C. please click here:

Shelley Fitzpatrick of Davis LLP (Vancouver) and James Carphin of Fasken Martineau Dumoulin LLP (Vancouver) represented two of the Defendants in the Bridgewater litigation. In a brazenly unethical and questionable maneuver, Shelley Fitzpatrick represented a Defendant who is a co-trustee of the Estate of the Herman Singh Braich Sr., Deceased.

She assisted Mr. Erwin Braich’s brother, Bobby Braich, in the petitioning of Erwin Braich into an involuntary bankruptcy. She was instrumental, as was her client Bobby, in the original transfer of the prime waterfront property while she was practicing law at the now defunct Vancouver firm – Campney & Murphy.

As fate would have it; former partner at Campney & Murphy, Justice Peter Lowry, pronounced the ill-considered Receiving Order on October 1, 1999.

Incidentally the presiding Supreme Court of British Columbia judge (Justice Peter Lowry) had never previously seen any single item relating to the often adjourned Petition when returning from lunch on October 1, 1999. In fact, in the morning session on the very same day the matter was actually heard by Justice Duncan Shaw. Not a shred of meaningful evidence was placed before Justice Peter Lowry on which he could intelligently base his decision.

Recently Justice Lowry (now serving on the Court of Appeal in British Columbia), ruled against Braich’s only secured creditor (Clock Holdings Ltd.) and prevented Clock from pursuing its claim against Bobby Braich, Bridgewater Properties and others (source page 6 of 20 –

Oracle Media has been informed that the properties which were the subject of the Clock Holdings/Bridgewater Properties litigation are a major component of the Braich family waterfront real estate holdings, in Mission, B.C. Oracle Media has also been informed that these properties are soon likely to be offered for sale in excess of $100 Million.

It is simply astounding that the dispute in the Clock Holdings/Bridgewater Properties litigation revolved around the transfer price of less than $500 thousand for the subject properties. Madam Justice Dickson who was appointed by former Chief Justice Brenner to the Clock/Bridgewater trial(spanning two weeks in 2008) concluded some eight months after the trial ended, that the transfer price was not improper or was in any way a violation of the B.C. Companies Act.

Another remarkable fact is that the Trustees of the Estate of Herman Singh Braich Sr., Deceased, have failed to pass accounts pursuant to the Rules in B.C., for approximately 13 years.

James Carphin, Q.C., who retired approximately two years prior to the Clock/Bridgewater trial, from Fasken Martineau Dumoulin LLP, was the subject of an official complaint that was filed with The Law Society of British Columbia by Erwin Singh Braich. This complaint is the only complaint that Mr. Braich has ever lodged against any attorney in British Columbia, or to any regulatory body globally, in 34 years of conducting business.

In the Clock/Bridgewater lawsuit, former Chief Justice Donald Brenner was not only in charge of assigning Madam Justice Gail Dickson; but was able to, as quoted in the recently published Georgia Straight article (hyperlink above), “ask for meetings” with Madam Justice Gail Dickson.

Oracle Media has been informed that RICO (Racketeer Influenced Corrupt Organizations Act) litigation is being prepared and will most likely be needed to bring certain people under oath, finally, to get the truth once and for all.

Oracle Media has also learned that with respect to certain portions of the Braich matter, key witnesses may not be protected by the shield of Judicial Immunity.

There are indications that certain acts are alleged to have been committed by involved parties well after a Chambers Hearing on July 12, 2009, in the Supreme Court of British Columbia. At this hearing all persons involved in the administration in this decade long sordid affair were given retroactive blanket immunity, by then Chief Justice Brenner, from being sued whatsoever.

Although KiDDAA Magazine has complied with the recent Order pronounced by the Court in Canada, KPMG has violated several Court Orders throughout this matter.

Further, in regards to the Order that was pronounced on September 12, 2000, KPMG also did not comply with another Supreme Court of British Columbia Order that was pronounced by Madam Justice Loo, with regards to a multi-million dollar real estate asset (which was on the list of Mr. Braich’s Statement of Affairs in 1999 as prepared by KPMG).

This property was, and is still known as the “Sandy Hill” property. Wrong-doing and/or negligence by KPMG, Homelife Glenayre, Jim Braich (Mr. Braich’s cousin), John Hext (deceased), and many others, is alleged by Erwin Singh Braich and his creditors.

Over the course of approximately 2 years, after the involuntary Petition was granted, the Sandy Hill property had more than 15 caveats placed on it at the Land Titles Office in New Westminster, B.C. These individual caveators included people from all walks of life; each and every one a lawful creditor of Erwin Singh Braich.

Oracle Media has been told that the Sandy Hill matter, along with matters related to Gold Coast Resources, Inc. (certain shareholders of Gold Coast list Homelife Glenayre’s former offices in Abbotsford as their registered address), the Luxor Group of Companies (who are said to be doing business in Alberta, Liberia, Ghana, and the Democratic Republic of Congo), the LOM Group, Minetech International Limited (who now have an office in Ghana), Gowling Lafleur Henderson LLP, and other parties will be named in interrelated litigation, relying on RICO statutes in the near future.
In another litigation, a former American Judge – Bryant E. Berhrmann – who was named in a civil lawsuit by The Peregrine Trust in April of 2004 (Action No. 0401 – 06677 – ), plead guilty in a Federal Court in Portland, Oregon, on June 5, 2009, and was sentenced by District Judge Anna J. Brown to serve six years in prison (to be followed by three years of supervised release). To read more about Bryant E. Berhmann, his crimes and sentencing please click here

Joseph Kingsley Annan (alleged to be the nephew of the former United Nations secretary Kofi Annan), along with Canada’s second largest law firm – Gowling Lafleur Henderson LLP, including their former lawyers Ken Phillips and Terry Knight, are also named in the civil litigation mentioned above. To read more about this lawsuit click here:

Oracle Media has learned that KPMG’s original counsel (preceding Howard Mickelson) Brian McLean, was issued a subpoena in a lawsuit that The Peregrine Trust filed in Clark County, Nevada. Mr. McLean has  refused to voluntarily answer questions for approximately three years. Court records, namely Affidavits filed by Mr. McLean, state that the former KPMG lawyer had made contact with Defendant Patrick Hannon’s attorney in the United States.

To read more about the lawsuit in the State of Nevada (including a Default Judgment in favor of The Peregrine Trust) please click here:

Bobby Braich, Erwin Braich’s younger brother, who assisted Brian McLean’s client, Glenn Walsh (a resident of Kamloops B.C. and Valetta, Malta) in his attempt to extort Erwin, was also issued a subpoena in connection with the lawsuit mentioned above. Bobby has also refused to answer questions.

Bobby Braich, who was a secured creditor prior to the Petition, gave up his security and became an unsecured creditor, to assist Glenn Walsh/Tercon Contractors Ltd. in petitioning his brother into involuntary bankruptcy. Bobby is alleged to have knowledge relating to Gold Coast Resources, Inc. and Global Online Direct among other related matters.

Bobby Braich committed mail fraud by illegally signing for Erwin Braich’s registered mail, while Erwin Braich was in Europe, (the demand letter, which Erwin was unaware of having been sent, was authorized to be sent by Ms. Shelley Fitzpatrick of Davis LLP), to assist in injuring the lawful creditors and Erwin Braich. In Canada tampering with someone’s mail and/or forgery is a serious crime and punishable by incarceration.

Oracle Media has learned that Bobby Braich will be pursued for monetary damages by various creditor groups for his actions. This will be in addition to any matters stemming from the civil RICO private prosecution, which will be eventually filed from the United States. The link below is the lawsuit from which the subpoenas were issued to some 175 individuals:

To further highlight alleged tortious interference, Honourable Madam Justice Morrison of the Supreme Court of British Columbia, in another Chambers Hearing several years ago, pronounced that Mr. Brian McLean had a conflict of interest in the Braich matter and could not represent KPMG, relating to certain sections of the Bankruptcy and Insolvency Act.

This very same conflict of interest was repeatedly pointed out in writing, to concerned parties, by Mr. Braich for several years. The Supreme Court of British Columbia agreed in 2004. To read about how Mr. McLean manipulated the judicial system please click here:

The letter that was written (see link above) to the Agent for the Attorney General of Canada, and is attached in the Declaration above, summarizes how duplicitous and improper Warrants for the arrest of Mr. Braich were obtained by KPMG.

This letter also explains how KPMG agreed to the appointment of Mr. Jas Butalia (a senior tax advisor at BDO Canada LLP – Calgary office) to act as an Inspector on Braich’s bankruptcy file.

Mr. Butalia was Glenn Walsh’s tax advisor at the time he was appointed an Inspector and therefore had a conflict of interest, according to Braich and his creditors. Mr. Butalia was the individual who gave instructions from a payphone located in a downtown Calgary hotel, to authorize the wiring of 500,000 Great British Pounds Sterling. These funds were wired from an account at Hambros Bank, located in an offshore jurisdiction to Norton Rose, a law firm representing Braich in London, England.

Mr. Butalia has not returned any phone calls asking for comment.

Seven (7) quasi-criminal charges were laid by the Crown and held over Mr. Braich’s head for approximately six (6) years. Remarkably they were dropped on the eve of a three week trial that was set to be heard by the Associate Chief Judge of the Provincial Court of British Columbia (Anthony J. Spence).

Each and every one of these charges was stayed shortly after Braich had decided to represent himself. In so doing; seventy (70) subpoenas were issued for various individuals to give sworn testimony at the trial. These subpoenas included Robert Rusko, and the four other witnesses that the Crown had relied upon and was expecting to call to support their allegations.

Oracle Media has learned that for the entire six years Braich refused to accept a plea-bargain from the Crown for a nominal $500 fine for one guilty plea on any one of the seven charges. Previous to handling matters himself; Braich had spent some $285,000 for the services of some of British Columbia’s best legal experts, while making no progress.

It appears that Mr. Braich’s right to a speedy trial in the matter mentioned above was either overlooked or ignored. Oracle Media has learned that Mr. Braich and his creditors will be pursuing this matter separately in a competent court.

Once again the parties that are alleged to have caused Mr. Braich and his creditors much damage over ten years, managed to side-step giving testimony under oath, as has been the pattern in this ten year saga.

Oracle Media has also obtained a letter that the office of the Attorney General wrote to Mr. Michael McCormack (a creditor of Mr. Braich), which dealt with a number of topics. With regards to the unbelievable six year boondoggle as described above, this Provincial Authority states “The provincial Ministry of Attorney General had no involvement”. Rather the letter points the finger at “the federal Minister of Justice and Attorney General of Canada”.

Dr. Penner is the Deputy Registrar of the College of Dental Surgeons of British Columbia. He also appeared before former Chief Justice Donald Brenner on July 12, 2009, to make submissions to the Court and, in fact, filed his own Motions to have Robert Rusko and others questioned. All of his submissions and Motions fell on deaf ears.

In order to review the sworn testimony of Dr. Alex Penner (a creditor of Braich who had flown to Bulgaria and viewed several hundred millions in assets) please click below to read a Declaration he filed under penalty of perjury in the United States.

It is a well-known fact that books and ultimately documentaries and screenplays are being developed at this time. The Braich case is already being studied at some post-secondary educational institutions in Canada.

In yet another bizarre twist, it has been alleged that a Government of Canada Border Services Agent, was working undercover and posed as a writer when she responded to an advertisement placed in the Georgia Straight newspaper relating to the screenplay being written about this saga.

Certain creditors of Mr. Braich’s have voiced many other abuses and wrongdoings by various parties involved in the administration of this involuntary bankruptcy.

Without limiting the foregoing, these include improper cancellation of multi-million dollar fully pre-paid life insurance policies that were held by the involuntary bankrupt; failure to insure the contents of Mr. Braich’s residence (which was subject multiple burglaries); failure to protect the alleged bankrupt’s assets generally and continued refusal to provide creditors with a copy of any part or portion of the file in their possession. These items are precisely governed by the Bankruptcy and Insolvency Act.

In 2002, KPMG’s first choice of counsel Mr. Brian McLean actually thwarted an effort that was made by the involuntary bankrupt to repay all of his creditors in full including all accrued interest. In another unethical maneuver by Mr. McLean; convinced a Supreme Court of British Columbia judge to improperly usurp funds that were on deposit to purchase real estate in Vancouver, B.C.

Oracle Media and many other observers believe that never has the Bankruptcy and Insolvency Act been so recklessly disregarded by a Trustee, Officers of the Court and other parties who have fiduciary obligations to the creditors in a bankruptcy proceeding.