peterpan1668

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

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