Judge Otis D. Wright II of the U.S. District Court for the Southern District of California has vacated the hearing in this matter that had been scheduled for March 5, 2010 at 3 pm
US Commodities Futures Trading Commission
Where is a lawyer when you need one? :^)
Can US readers help me out here?
The legal dictionary says to vacate means to void, annul, set aside – I think this is comparable to what I would understand as cancelling or staying the hearing.
If it means cancel it can be for all kinds of reasons. The court ran overtime, a court employee is ill or unavailable…
This was to be a hearing on “Issuance of Order to Show Cause Why Defendants Should Not Be Held in Contempt.”
The civil case against Gordon Driver/Axcess Automation/Funds was filed by the CTFC and the SEC in May 2009.
In December 2009 Gordon Driver, Â a Canadian living in the US, made a deal with the SEC.
A Freelton man accused of running a $14-million Ponzi scheme has agreed to turn over his “ill-gotten gains” and pay a penalty following a settlement reached with the U.S. Securities and Exchange Commission (SEC).
Gordon Driver and his company, Axcess Automation, reached the agreement just days after the SEC had gone to a California court seeking a contempt order against Driver for not complying with previous court-ordered requirements.
The SEC was also asking the judge to consider jail time as a possible sanction against Driver if he was found guilty of contempt.
Has Gordon Driver and the SEC had a hearing to determine the money he has to turn over and the amount he faces in fines?
Another question for US friends.
If the SEC makes a deal, does that void the action the CFTC is taking?
100+ people, mostly in Canada, many connected to Crossroads Christian Communications Inc. lost a lot of money.
Gordon Driver, David Rutledge and Steven Taylor were given a cease and desist order by the Ontario Securities and Exchange Commission even though funds where not traded in Canada.
If the SEC deal with Driver had been approved by the court (California) wouldn’t the settlement be posted on the SEC website?
A lot of people were harmed in this ponzi scheme, Ron and Reynold Mainse of Crossroads have not only admitted being finders, but also admitted investing. It must be very difficult to not see justice for Axcess victims unnamed and silent in this scam.
As the OSC order says:
AND WHEREAS pursuant to subsection 127(8) of the Securities Act, satisfactory information has not been provided to the Commission by any of the Respondents
The case number for the SEC is Civil Action No. CV 09-3410 ODW
The case number for the CFTC is Case No. 09-CV-0578 ODW (RZx)
Hi Bene…
I have to say…you enjoy “outing” people on here when they come into your blog. I didn’t use my name…and yet you feel the need to call me by my first name.
You did the same thing to “Truth” who you are trying to out as Gordon.
And yet you remain hidden.
You remain unaccountable for the things you say and do.
Which speaks directly to your credibility.
I don’t care one way or the other whether you know who I am or wish to put my real name to my statement. But if you’re going to do that, shouldn’t we get to know who you are as well?
Something to consider.
dd
Hi David:
My boundaries and my safety are my choice.
So…your boundaries are safe…but you feel no problem crossing other people’s boundaries and calling them by their names after they have used a pseudonym?
Is your safety more important than theirs?
hmmm…
dd
Who and when?
Here’s the facts, good people, genuinly misled by people they had an affinity with, trusting them, believing them. The facts are, the true investors are out milions of dollars, while they requested they invested funds be paid back, finders were buying all kinds of things with their illegal money, gotten on the backs of true hard working people.
Finders and driver used my money to buy cottages, SUV’s and many other things, while when funds were requested to be withdrawn as like any other investments they were told no, money is not available, we have reached the limit, while at the same time buying luxury items for themselves.
Please, we are not foolish enough to believe that money did not corrupt these people.
Truth will come out when our invested money is returned to us and all is revealed. I want the 100 or so investors to speak up, quite hiding trying to protect people who are keeping low profiles right now
Let’s have a general meeting folks, than we will know more.
WONDERING
Have the finders repaid all of the monies they were paid?
Why are there seeming untouchables in this maelstrom of greed?
Why are the investors not speaking up? It still seems odd.
Good question Tim G. have they paid back all the ill gotten money they made off genuine investors? THats a question that needs an answer.
Also, what about people who invested some money, but got back more, have they paid their ill gotten gain back.
Where is this money now, and who is overseeing it. Whats the lawyers names for Ronald, Reynold and the rest?
Is the money in escrow?
Someone needs to give some answers.
Make a suggestion as to how we can all meet who genuinely invested?
Okay, so these are questions that demand an answer, but who will answer? *have the investors paid back all the money? First, Ron Mainse said on national TV, that he has paid it ALL back, and that it is with his lawyer in escrow. This needs to be verified, because rumer has it that Reynold Mainse and David Rutledge have not paid their ill gotten money back, David received somewhere around $250,000 U.S. possibly more possibly less, and I am told that Reynold made twice as much as David Rutledge and Ron Mainse.
I have also heard that the OSC in Canada has told them, all three finders, Reynold, David and Ronald that they must pay back all ill gotten gain, which for those three, is almost all of it except for the little they might have put in in the beginning to get their fund started, probably borrowed also from a bank, family or friend.
I also heard the OSC has fined each on of these three $70,000 each for their involvement, although none of this is verified.
If this is true, there should be in excess of one million to 1.2 million in an excrow account for the true investors who were cheated.
Everything has been restored at Huntley Street, yet nothing is restored to pure hearted investors duped by these three guys, who still continue to go on as if very little has happened. This is not even beginning to deal with Gord Driver.
MAKE IT RIGHT finders, make it right, others have lost more than you could imagine, so sell your homes, sell your cars, and if need be, get ready for lawsuits until all you did is made right.
Why don’t people stand up and join together in a class action to make this right, there is insurance for this kind of stuff I am sure, yet all of the 100 or so investors are sitting quiet accepting their loss while somewhere out there is money belonging to them.
INvestors who read this, you don’t have to give your name, just tell us in this blog, how much you personally invested, how much you got back and how much you made or lost in this thing. LEts get a handle on the true numbers.
The finders know all the numbers because the money first came to them then to gord driver, or they at least knew how much money was being funnelled through.
There are some good lawyers, few though who will be truthful. Many lawyers insist that their clients lie, hold back the truth. The sin of ommission is as great as the sin of commission. You listen to lawyers but don’t listen to God.
Biblically make it right! Morally make it right! This will never go away in your life and will follow you to your grave until things are made right.
Answer this question, has the three finders paid pack all the money? Where is the money. WHo is handling it? Whats the lawyers names? Has anyone contacted canadian authorities to find out more.?
I’ll contact the OSC and ask Wondering.
The next hearing with the OSC is August 13, 2010, but as of today there is nothing in regards to any orders to pay fines.
David Rutledge, Ronald Mainse and Reynold Mainse – nothing.
Investors have limited choices by the looks of it.
The OSC has a page which lists four ways investors can get their money back.
http://www.osc.gov.on.ca/en/22411.htm
The Ombudsman and IIROC? Don’t understand how that can happen. now. That leaves small claims court and Superior Court if this supposed restitution fund set up by Ron Mainse.
Nothing is restored – it’s business as usual at 100 Huntley.
True.
In his statement acknowledging he was a finder, Reynold Mainse was careful to say:
“What appeared to be a wonderful investment opportunity that would help my family and strengthen the Lord’s work…”
http://www.benedictionblogson.com/2009/08/02/reynold-mainse-of-100-huntley-street-regarding-axcess-automationfund-alleged-ponzi-scheme/
Ron Mainse said in his statement he saw it as a personal investment opportunity and that he was setting up the restitution fund to divest himself of the finders fees:
“I am also taking steps to make full restitution of all of the funds I received, so that there’s absolutely no personal benefit to me resulting from any of this.”
http://www.benedictionblogson.com/2009/09/15/ron-mainse-of-100-huntley-street-makes-statement-on-alleged-ponzi-scheme/
Ron Mainse said he was ‘able to give like he’d never given before.’
Hence a forensic audit which stated Crossroads Christian Communiction Inc money wasn’t used.
‘Strengthening ministry’ is one of those deliberately vague Christian catch phrases. It has nothing to do with justice, morality or ethics, and isn’t about the investors that I can comprehend.
There is nothing I can find on the SEC site or the CFTC site about any monies paid back, put in a fund – nothing.
1:16 Part 2 October 13, 2009 100 Huntley Street Ron Mainse
“Anything that I received I have paid back into a trust fund with the legal firm I have been working with so that nothing at all that I have received as personal benefit.
…That had to be done, full restitution has been done.”
The 40 or 50 just family and friends Ron drew in and the 10 to 15 Reyold drew in – I don’t see any promise to them at all.
It’s about Ron Mainse and his image.
http://100huntley.com/video.php?id=Z3RyFkAip2U
5% promised per week for the finders.
The public doesn’t even know how long the three invested and will never know.
Staff, supporters, significant amounts, silence.
I don’t see restitution for investors Wondering, investors are on their own.
Wondering:
It appears the US did it’s job. If you look at the court document of December 14, 2009, the only group named is Axcess Automation, not Axcess Funds.
So it looks like Ron Mainse, Reynold Mainse and David Rutledge Stephen Taylor and his company don’t have to legally do anything.
” Axcess and its agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Judgment by personal service or otherwise…”
http://www.leagle.com/unsecure/page.htm?shortname=infdco20091214980