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不要让华人渣滓侵占我们的生意

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发表于 2003-3-5 23:14 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
同心协力,不要让华人渣滓侵占我们的生意家产!

诸位朋友:这是一个发生在我家的真实而不幸的故事,望诸位通过我的不幸,令其不在你自己和您的亲朋好友之间重演。并期望通过我的不幸,令我们一改各扫自家门前雪,那管他人瓦前霜的局面。以下是本人二月28日在魁省高级法庭有关我和罪犯斗争,不幸成为罪恶和官僚制度牺牲品长达八年,终于真相大白的陈述。同时希望借此尽快将罪犯无牌意大利女律师ENZA MARTUCCELI和华人渣滓何卿锐绳之以法,一确保他人不再受之其害。

AFFIDAVIT REGARDING FRAUD COMPLAINT AGAINST

ENZA MARTUCELLI AND QINGRUI HE


ENZA MARTUCELLI (disbarred with criminal record No. 500-01-012718-919) was my former lawyer (referred by YWCA Downtown Montreal director board on Dec. 2nd 1995 for legal and family support. She was working at the YWCA Legal Clinic until 1997. I made a complaint to the Quebec Minister of Social & Health services since a tragic accident happened to my late wife Cuiqin Ren on Nov. 30th 1995 (head trauma injury).  I was having difficulties organizing my family and finances, having an especially difficult time dealing with the Montreal General Hospital where my late wife died due to delay, negligence and disrespecting my requests.

I had no experience with lawyers before she was sent by the YWCA to offer legal and family services to support my family. I lost $20,000.00 of personal money to her during the time she was supposed to be my attorney (when I was suppose to be a plaintiff). Instead, I became a defendant and I am facing several lawsuits against me and against my company.  All the money I paid to her in advance, she claimed she deposited in her in-trust account (this account doesn’t even exist!).

Enza Martucelli was arrested on May 27th 1996 since the time she had made up a story to defraud me personally and also tried to get mixed up with my business. She was arrested based on unpaid parking tickets, not for the fraud charge against her.  I was worried that if I made a complaint against her, I would get into trouble.  At the time I still owned my business and my house and I had my 13 year-old daughter to take care of. I provided evidence to the MUC police in order to start an investigation in July 1996 (33960703-056).  Even after being arrested, Enza Martucelli continually defrauded others and the MUC police needed evidence in order to put a fraud charge against her and protect the public from further fraud.

QINGRUI HE was my former employee since Feb. 16th 1996 when I bought a bankrupted restaurant Sawatdee (1668) Cuisine Thailandaise Inc.  He was illegally working at Montreal Chinatown Manbao Vegetarian restaurant since 1993 when my late wife was also working over there. Qingrui He borrowed $5,000.00 US from my late wife to apply for landed immigrant status since he escaped in Toronto from his Chinese business visit group (even today, I still don’t know if He repaid her because she died without a word).  I gave Qingrui He a job at my restaurant at the time my late wife passed away as he was having difficulty finding a job.

Qingrui He represented himself as my restaurant manager since Aug. 1996 once the MUC police started the investigation against Enza Martucelli. I became very depressed at this time especially since the MUC police were unable to protect me. I had to deal with a lot of problems because of the wrong doings by Enza Martucelli against me. I was facing several lawsuits against me and my company since Enza Martucelli had used my company and my restaurant name to defraud others.

I never thought that Qingrui He would have done anything thing against me and my business since I did a big favor for him when he was unable to get help from anyone else(to let his family get passports from Chinese government).

In the middle of Aug. 1996, the MUC police arrested Qingrui He based on a complaint made by Enza Martucelli. Enza Martucelli chose to put pressure on Qingrui He, because she knew he was applying for permanent immigrant status for himself and his family (especially since He was illegally working in Canada). Enza Martucelli pressured Qingrui He to cooperate with her to help her destroy parts of important evidence. He pretended his lawyer needed me to release the evidence from MUC police station 33 to defend the criminal charge against him.

MUC police dismissed case against Qingrui He since Enza Martucelli withdrew her complaint; by then Qingrui He brought Miss Lan Zhou (cashier for my restaurant) to help him apply for his personal registered company with the same name as my restaurant Sawatdee under my restaurant address 457 St-Pierre. He then used this registration to open his two business accounts (also under my restaurant address 457 St-Pierre). He successfully stole $35,000.00 of sales from my restaurant. Qingrui He was arrested by MUC police on Sep. 27th 1996 (33-960927-033) when I discovered his wrongdoings when my bank informed me that money was missing from my account.

On Sep. 30th 1996 someone broke into my restaurant from the left top window, used a key to open my office and safety box and stole my restaurant sales records, bills and employee records. At the beginning of Nov. 1996, Enza Martucelli and Qingrui He went to a small court as a witness against my company. For the case, Enza used my company name to sign a contract to defraud Atllah Charles (500-32-015727-961).

TAKE NOTE:

1.        On Sep. 3rd 1996 Qingrui He filed a personal registration with the same name as my restaurant Sawatdee under my company Maison Chuan yang Inc. at the  restaurant premise 457 St-Pierre (Montreal QC H2Y 2M8). Qingrui He registered this new project in Oct. 1996 with the first activity being a restaurant and the second activity of Import-Export; but my company (Maison Chuan yang Inc.) lease started from June 1st 1996 with a five year lease plus a five year option to renew;

2.        At the end of Nov. 1996, Enza Martucelli and Qingrui He together made up a civil lawsuit claim of $400,000.00 damages against me and my company in order to avoid the MUC police fraud investigation. Without any proof, they claimed Enza Martucelli, Qingrui He and Zhenguo Pan all equally owned Maison Chuan Yang Inc. (I forwarded this case No. 500-05-028181-970 to the MUC police fraud division);

3.        In Feb. 1997, Enza Martucelli and Qingrui He seized my restaurant and my personal finances including my RRSP, then illegally operated my restaurant business (Sawatdee) without the court knowing, even though I was the legal guardian of the restaurant and its assets.  This occured until Qingrui He took a position illegally representing my company (Maison Chuan Yang Inc.) in court in order to get compensation from my landlord Caverhill Learmont Inc. (who wanted to move the restaurant out of the building) in Oct. 2000 (Case No. 550-02-075939-996).

4.        Enza Martucelli and Qingrui He successfully convinced each lawyer that I hired to do nothing to protect my legal rights and the lawyers just kept my advanced deposits and walked away even after we already signed mandates with percentage bases. In Jan. 1997 M. Giles Poulin dropped the file and in May 1997 M. Stephen Angers dropped the file. M. Bernard Pager was supposed to take legal action against Qingrui He since Sep. 27th 2000 (when I signed a contract with him), but M. Pager’s name was never filed in with any case against me and my company.

5.        In Aug. 1997, Hour Newspaper journalist Madam Linda Guile (now working for Gazette Newspaper) published my story titled DEATH AND NOODLE. Since Enza Martucelli never showed up at the civil and criminal court, she was facing a court arrest order. The article mentioned that if MUC police wanted to arrest Enza Martucelli, she may be found at Mr. Pan’s Sawatdee restaurant.

6.        In June 1998, Enza Martucelli finally showed up at criminal court and pleaded guilty and she promised to the judge that she would pay back everyone (by latest Sep. 1998). But when the judge asked her “How are you willing to settle with Mr. Pan, since Mr. Pan is the main victim for the fraud?” Enza told the judge “I would appreciate if your honor would allow me to have a settlement with Mr. Pan at civil court, and not a criminal court since I already have a civil case with Mr. Pan.” But then she disappeared again.

7.        In Nov. 1996, Enza Martucelli and Qingrui He started the first lawsuit with file No. 500-05-028181-970—They were claiming 2/3 shares from my company plus $400,000.00 damages (but never continued the case since may 1997). Qingrui He represented himself, but he never showed up for the court date; Enza Martucelli also represented herself—but since Mar. 1997 they both illegally started to operate my restaurant.  She also never showed up for the court date. This case was discontinue since July 1997;

8.        On April 14th 2000, Qingrui He started a new case No. 500-02-084866-008—He claimed that he legally owned 100% of my restaurant Sawatdee and assets, instead of continuing the first case (No. 500-05-028181-970). On Nov. 7th 2000 Qingrui He withdrew this case (No. 500-02-084866-008) since Qingrui He illegally took my company’s position as defendant of Maison chuan Yang Inc. to get compensation from my landlord (CAVERHILL LEARMONT INC.) file No. 550-02-075939-996.

Maison Chuan Yang Inc. and myself  never knew that these two cases  (No. 550-02-075939-996 & No. 500-02-084866-008) existed since I never received these legal documents;

Qingrui He still illegally owns Sawatdee restaurant and all the assets including stock, and compensation from my landlord CAVERHILL LEARMONT INC.;

In Dec. 2001, My lawyer M. Bernard Pager convinced me to sign an agreement with Qingrui He’s lawyer M. Adams Fredy to give up my legal rights, then M. Fredy would sign a release for my RRSP and return my restaurant property. I refused. By then He disappeared and I am unable to reach him up to today.  I cannot get my file from M. Bernard Pager and therefore no other lawyer can have access to the file or the evidence.  This is the reason that I must represent myself in court.


I, Peter (Zhenguo) Pan, resident of district of Montreal, swear that the above affidavit is true, and here I signed on this day 28th February 2003:


_____________________________
Peter (Zhenguo) Pan

AFFIDAVIT

HISTORY OF ATTORNEYS TO REPRESENT MAISON CHUAN YANG INC. & MR. ZHENGUO PAN
Case No: 500-05-021818-970

ADDESKY POULIN is the LAW FIRM that represented my case against the responsible party LE BOUFFE HEBERGE with respect to my wife and it was not an attorney to represent for the case No: 500-05-021818-970.

ADDESKY POULIN became a defendant attorney with this case since Enza Martucelli made up this case to try to avoid the fraud charges MUC police brought against her once the MUC police convinced me to help them to protect the public;

When the plaintiff Enza Martucelli and Qingrui He served the first motion, I forwarded to MUC Police Fraud Division detective Mr. Andre Gaudreau (responsible for the investigation against Enza Martucelli) and MUC Police Station 33 detective Mr. Pierre Desmarais (responsible for the investigation against Qingrui He (my former employee). He was having problems with Immigration and Enza Martucelli put pressure on him and made him cooperate with her to defraud my business).

I reported these facts to the MUC Police and they told me that they knew that Enza Martucelli and Qingrui He made up this case just to try to avoid the MUC Police investigation.  They told me that I should not worry about it.  I went to the court appeal by myself because I thought it would be very easy to explain the facts to the judge.

Unfortunately, since Enza Martucelli kept telling the judge that M. Giles Poulin was my lawyer, and the judge didn’t listen to me when I told him that M. Poulin was my lawyer for my late wife case, not for this case; but the judge still ordered me to go see M. Poulin and he wanted to see M. Poulin the next day at 2:00pm.  I had no choice even though M. Poulin was not the right lawyer to represent this case (Enza Martucelli was his employee, and in the past I paid M. Poulin in order to get back my file from Enza Martucelli).  I have never been able to get back one single document from M. Poulin), that was the reason that I brought M. Giles Poulin into this case.

M. Giles Poulin left this case in Jan. 1997 after he let me pay $1,000.00 in legal fees to him to argue for $100.00 interprets cost that I already paid in advance to Enza Martucelli, and with his representation, I’d have to pay again; furthermore, he let me pay him $1,000.00 just to let Enza Martucelli and Qingrui He get computer and 2 boxes of shipment that Qingrui He had dropped at my restaurant; then he ask me to pay $5,000.00 in advance to continually represent this nonsense case that Enza Martucelli just defrauded my personal $20,000.00 dollars and Qingrui He defrauded my restaurant sales $35,000.00 dollars.

M. Stephen Angers became my company and my personal attorney on 2nd of Feb. 1997. During this period, M. Angers didn’t do anything to protect my legal rights: he let the plaintiffs seize my restaurant, my personal assets, even my RRSP; furthermore, he never took any legal action against the plaintiffs, who were illegally operating my business without the court knowing (even though I am the guardian of the business and assets).

M. Stephen Angers left my case at the beginning of May 1997 and he told me that he was panicking and he worried that I might not be able to pay his “professional service fees” in the future as Enza Martucelli mentioned (even though I already paid him $3,000.00 in advance).  He provided a mandate that only I had to sign without his signature; I requested him to put his signature into the mandate before I signed, but he never did, plus he just picked up $10,000.00 of my silk merchandise in April 1997.

M. Bernard Pager signed a contract on 22nd of Sep. 2000 with $2,000.00 and each six months added $1,000.00 in advance plus 25% of the share for damages recovered against Qingrui He. M. Pager never filed his name into the court file, he refused to seize my restaurant or to file an injunction to stop the plaintiffs illegally operating my restaurant or to file a motion to get back the compensation from the plaintiffs that was paid by my landlord CAVERHILL LEARMONT INC. in order to remove out my restaurant business from its premise 457 St-Pierre.

M. Pager never took any legal action against Qingrui He to protect my rights, and he always claimed that I had to trust his professional services and he knew what he was doing. When M. Pager took over the case, Qingrui He was still operating my restaurant. One week after the day he signed the contract, I found my restaurant closed.  M. Pager told me not to worry since I was the guardian; one week passed before I went to my restaurant.  When I saw the premise I was shocked: inside was completely empty, there was nothing left.

M. Pager told me that he already knew and he spoke to the plaintiff`s attorney M. Adams Fredy to keep well of my assets and stock, otherwise he would hold M. Fredy personally responsible. He already sent a letter to M. Fredy to confirm this. Time passed and after six months M. Pager still did not take any legal action against Qingrui He and M. Pager also refused to seize from Qingrui He and his family all the assets in order to cover the damages.  After that, M. Pager stopped responding to any of my correspondences with him.

One year passed. Since I made a complaint to the Barreau, finally M. Pager showed up in my house and he was claiming that he was very ill and that he didn’t take care of any of his clients including me. And then he promised that from now on he would focus on my case to make sure my case would be well taken cared. M. Pager made me list all of my restaurant assets, inventories, plant equipment (especially Thai antiques), decorations and handicrafts.  Since 2000, Thai government made a new law—anything related with Thai culture was not allowed to be exported. That made my restaurant Thai antiques, decorations and handicrafts more valuable.

But then M. Pager disappeared again. Until I found him, M. Pager showed me a paper that said that Qingrui He only had $2,000.00 in his bank account and that nothing was owned by him. I am complaining since Me Pager never took any legal action even though I mentioned many times that he request to seize everything before Qingrui He disappeared.  M. Pager said to me that “Done is already done, we can’t do anything for the past. What do you expect me to do since Qingrui He is a criminal, that I put my life danger in your case too?”

But then M. Pager told me that he would convince the court to accuse Qingrui He for criminal act since Enza Martucelli and Qingrui He discontinued to claim that they owned shares in MAISON CHUAN YANG INC. since 1997; also Qingrui He started a new case to try to convince the court that legally he was the only person that owned Sawatdee restaurant business and assets. That action was ceased by Qingrui He since 11th July 2000. So M. Pager has enough reason to request MUC Police Fraud Division to continue the investigation.

Surprisingly, in Dec. 2001, I received an e-mail from M. Pager and he tried to convince me to give up my legal rights against Qingrui He and just to get back my assets from whatever Qingrui He stored in the place; in order to get back my assets, I had to sign a statement with the plaintiff’s attorney M. Adams Fredy in order for M. Fredy to sign a release of my RRSP (M. Pager promised that he would release my RRSP within two weeks once the contract was signed).  I refused M. Pager`s request; by then, M. Pager stopped responding again, even with my registered mail.

In March 2001, M. Pager moved out from his office without sending me a notice and even the phone number he provided was disconnected without a message. M. Pager caused me to lose my legal claim time limit so that no other lawyers were able to continue my case since I was never able to get my file back from him even through the Barreau du Quebec. My previous lawyer, M. Stephen Angers, refused to withdraw his name from my case even though he is no longer representing my case.

Case No. 500-02-075939-996  that the Defendant never learned that this case existed; Qingrui He has no rights to represent MAISON CHUAN YANG INC. and, M. Adams Fredy also has no legal right to take a position of MAISON CHUAN YNAG INC. as an attorney to represent the Defendant.

Case No. 500-02-084866-008 that the Defendant never learned that this case existed; and ADDESKY POULIN LAW FIRM is not the attorney  representing the Defendant.


I, the understated, Peter (Zhenguo) Pan, President of Maison Chuan Yang Inc. with fully hundred percent shares ownership, resident of district of Montreal, having been duly sworn that the above affidavit are all true, nothing is without truth. Here I signed on this day 28th February 2003:


  _____________________________
  Peter (Zhenguo) Pan

SWORN TO BEFORE ME IN MONTREAL
THIS 28TH DAY OF FEBRUARY 2003


____________________________________
COMMISSIONER OF OATH FOR THE
DISTRICT OF MONTREAL
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