B.C. Supreme Court “Order” of Default Judgment against EDWARD ALBERT COLE, TAYLOR COLLINGS, DAVID CROWE, DARRELL BUSHNELL AND JOHN DOE DEFENDANTS
March 16, 2016
No.165789
New Westminster Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
BEFORE A REGISTRAR
DEFAULT JUDGMENT
The Plaintiff having filed and served a Notice of Civil Claim on the Defendants, EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, MIKE, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 and those Defendants having failed to file and serve a Response to Civil Claim within the time allowed:
THIS COURT ORDERS that the Defendants, EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, “MIKE”, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 pay to the Plaintiff damages to be assessed.
THE COURT FURTHER ORDERS that the Defendants EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, “MIKE”, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 pay to the Plaintiff costs to be assessed.
British Columbia Supreme Court Grants Kevin Fleming Permission for “Alternative Service” against Geoff Bramwell, John Bramwell, Nica Projects Ltd. and Brammy Bros. Painting & Restoration Ltd.
On Tuesday, December 16, 2014, the Plaintiff Kevin Fleming made an application for alternative method of service brought without notice to the presiding master at the courthouse at The Law Courts at 651 Carnarvan Street in the City of New Westminster, in the Province of British Columbia to serve the notice of civil claim filed on November 4, 2014 in the Supreme Court of British Columbia on the Defendants Geoff Bramwell, John Bramwell, Nica Projects Ltd. and Brammy Bros. Painting & Restoration Ltd., collectively referred below as the (“Bramwell Defendants”).
The Fleming lawsuit alleges defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, David Crowe, Darrell Bushnell, Federico Gurdian Sacasa and 26 John Doe individuals who have published lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.
In an Affidavit of Attempted Service filed in the Supreme Court of British Columbia, the process server from Rapid Taggers attended the work address of the Bramwell Defendants on November 6, 2014 and left a message with the receptionist. On the same day, the process server received a message from Geoff Bramwell stating he was out of town and to return the next week.
On November 10th and 12th, 2014, the process server returned to the work address of the Bramwell Defendants and was only able to leave a message on the intercom. On November 12th, 2014, the process server left a voice mail message for John Bramwell. On November 18, 2014, the process server attempted to serve John Bramwell at a known residential address but was unsuccessful. As of December 1, 2014, no return phone calls from the Bramwell Defendants were received from the process server and it’s the process servers belief that the Bramwell Defendants are evading service.
Rule 4-4 in the Supreme Court of British Columbia permits substituted service in two distinct circumstances: 1) where it is impracticable to serve the person by personal service; and b) where the person to be served cannot be found after a diligent search or is evading service.
Upon hearing Fleming, and on the reading the sworn Affidavits #3, #4 and #5 of Kevin Fleming, the court ordered that Fleming may serve the notice of civil claim by alternative method upon the Bramwell Defendants by posting a copy of the notice of civil claim and the court order at the Bramwell Defendants work address on the rear entrance door of 1332 Franklin Street, Vancouver, British Columbia, and such service shall be deemed to be good service upon the Bramwell Defendants.
In addition, the time within the Bramwell Defendants may file a response to the notice of civil claim be 21 days after the completion of service. Fleming says, “the alternative service message proposed offers a clear statement of the significance of the notice of civil claim and I will continue to defend my reputation and hold the Defendants to account for their irresponsible publishing of defamatory statements that has deeply hurt me and my family and I welcome the opportunity to meet the Defendants in the courtroom to address their negligent behavior”.
British Columbia Supreme Court Grants Kevin Fleming Permission to Serve Defendants Online
On December 15, 2014, the Supreme Court of British Columbia allowed legal notice to be served by private messages on online forums and sent via email to 26 anonymous individuals advising them that they are being sued in the Kevin Fleming defamation case.
Fleming, who filed a defamation lawsuit seeking damages on November 4, 2014, says in the lawsuit that online comments that imply he was acting in fraudulent manner and unethical are untrue.
Fleming does not know who the John Doe Defendants are or where they are located, and there is no cost-effective means of discovering this information. The only readily apparent means of finding out would be to seek production orders against the various Internet service providers.
Even if such orders were granted and obeyed, they would only yield e-mail addresses, service on which would essentially be no different than that under the proposed order. A court permits alternative (“substituted”) forms of legal service when the usual method of hiring a detective or a process server is “impracticable” or when a defendant is evading service.
With the success of the recent motion, defendants such as “Seaside Mariana Investors Union”, “Isla Mariana Investors Union” and “NicaHeat” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defense.
Under most circumstances, when a person does not file a statement of defense within a given time, the suing party is entitled to a default judgment, which can result in the collecting of compensation from the defendants.
Fleming believes being able to serve legal notice over the Internet is a way for the law to catch up to social media and the judgment means he does not have to serve the defendants in person. This is not unprecedented; there are other cases of hard-to-identify people being notified through Facebook and Twitter that they have been sued.
According to Fleming, "it is important that this defamation lawsuit is seen to the end where judgment is granted in order that individuals would not have to endure these types of hate-filled campaigns, personal attacks and vicious lies."
SCAMORG has been named in a lawsuit filed by Kevin Fleming In The Supreme Court of British Columbia; Canada
Service Message
The Plaintiff, KEVIN FLEMING has named you as a Defendant in a Notice of Civil Claim filed in the British Columbia Supreme Court on November 4, 2014. On December 16, 2014, the British Columbia Supreme Court authorized service of the Notice of Civil Claim by private message to you at this message board.
A copy of the Notice of Civil Claim and Affidavits can be access on the website of Grupo Mariana, S.A. at http://blog.grupomariana.com/notice-of-civil-claim.
You will be deemed to have been served with a Notice of Civil Claim 5 days after the date this message was sent. A copy of the Order permitting service by this private message can also be accessed on the website of Grupo Mariana, S.A. at http://blog.grupomariana.com/notice-of-civil-claim.
JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file a response to the civil claim within 28 days from the date of service of the Notice of Civil Claim, as ordered by the British Columbia Supreme Court of the above-noted Order.
SEASIDE MARIANA SPA & GOLF RESORT/KEVIN FLEMING/MARIA RUEDA/GROUPO MARIANA (hereinafter referred to as
Kevin Fleming) FACING LEGAL PROBLEMS FOR MASSIVE MULTI MILLION DOLLAR REAL ESTATE SCAM
On May 22 2012 a law suit was filed in Managua Nicaragua against all entities named above (Kevin Feming) by investors in an attempt to recover millions invested in a land investment scam known as Seaside Mariana.
Pursuant to contract arbitration terms inserted by Taboada and Associates the lawyer for the Defendent(s) in the original documentation, the Defendent has 60 days to respond and appear at an arbitration hearing to be held under Nicaraguan arbitration rules and in Nicaragua before proceeding to full legal pursuit as outlined by the lawsuit that was filed with the courts.
The Defendent Fleming named above failed to appear giving the Plaintiff full legal authority to pursue recovery as outlined in the law suit under Nicaraguan law.
The amount of the law suit is for an amount in excess of $2 Million Dollars.
As a result of the frivolous and reckless actions of Fleming, the Defendents gained a Legal Registration of the Law Suit as a Legally Registered Lien against all of the titles and lands at Seaside Mariana excepting 26 legally registered lots owner by a fraction of the total number investors that have given Fleming money thinking they actually own land or condo within the project known as Seaside.
The result of Fleming's frivolous attitude toward credibly protecting investors who trusted in him to develop a project has revealed to all but 26 title holders from more than 371 titles created and ALL OF THE CONDOMINIUM BUYERS that have imaginary titles through a 'Promise of Sale' document, that they are either facing 100% loss on their investment or have been placed in harms way and have an extremely high chance of losing 100% of thier investments.
Mr Fleming is an Impressively Brilliant Marketer and Master Manipulator and extremely efficient at parting unsuspecting and trusting investors from their money and spending it wildly and tucking it away in unknown places knowing the eventuality that his high deceptions would hit the wall and the Fleming Kindom would come crashing down. Since the inception of the project in 2007, virtually nothing was created within the project.
There currently is only a couple of drilled wells more than 5 years old and a modecum of partly finished structures that lack any semblence of infrastructure support as there simply isn't any (water connection, electricity, sewer, ...not even one finished road) and will likely never be any under the current admistration of Fleming. All of these 'in your face' items and still people flock to Fleming to give him money. His power over convincing people to believe in his stories is truly impressive.
In email communications Mr Fleming has boasted in excess of $21 Million raised in Sales. The original project land cost was only $4 Million and a change.
There are a couple of wells and a very few thousands dollars of in minimal unfinished structures (2 beach side bungalows and an entrance gate). Mr Fleming is preparing for a Big Sales Event in Nicaragua Nov 28-Dec 2 2012 to try to get more money for his sinking ship and grandios salaries paid to himself and to his wife Maria Rueda. Mr Fleming is well prepared with Myriads Of excuses why things have not gotten going. His stories vary from investor to investor and event to event. INVESTORS CONSIDERING BUYING IN THE PROJECT ARE WARNED TO USE YOUR OWN INDEPENDENT LAWYER and not fall prey to the cunning salesmanship of this man.
Credibility is evidenced by the accomplishments of developer to develop. After 6 years of development, over $21 million in cash invested there only stands land and a few blocks of concrete covering a couple thousand square feet of land from a project with 923 acres of land with zero infrastructure in place.
SEASIDE MARIANA IS ALSO CURRENTLY BURDENED BY DEBTS that Mr Fleming has admited to in email communications with investors that he needs to borrow the money to pay taxes of $85000(or $95000 depending on who you talk to) from someone to be able to give investors their titles, that have already paid to register them more than a year ago to Taboada and Associates without success and now impossible without Mr Fleming settling all tax debts and the lien that is now registered on the land. If he doesn't have enough for taxes, he doesnt have enough for settling any law suit, or enough money to defend his
credibility in finishing the project he started. Where is Mr Fleming's credibility there.
That opinion may be scruitinized but when you review the legally registered documents in the public registry and review email communications you will find a myriad of lies and deceptions. This story continues without end but as of Nov 6th 2012 there is no solution in sight for a remedy to the deceptions and careless investing of the unsuspecting investors that still come and believe Mr Fleming stories.
Anyone who reads this and is curious to know the validity of the aforegoing can search the public registry in Managua.
Investor or potential investor inquiries may be sent to Seasidemarianaripoff on the gmail webmail service. A response will follow.
CEASE AND DESIST ALL DEFAMATION OF KEVIN FLEMING, MARIA RUEDA, NICARAGUA DEVELOPMENTS S.A., GRUPO MARIANA S.A. AND AFFILIATED COMPANY'S CHARACTER AND REPUTATION
To: Edward Albert Cole, Carmen Elizondo, Geoff Bramwell and John Bramwell
You are hereby directed to:
CEASE AND DESIST ALL DEFAMATION OF KEVIN FLEMING, MARIA RUEDA, NICARAGUA DEVELOPMENTS S.A., GRUPO MARIANA S.A. AND AFFILIATED COMPANY'S CHARACTER AND REPUTATION
We have learned that you have engaged in spreading false, destructive, and defamatory statements about Kevin, Fleming, Maria Rueda and Seaside Mariana Spa & Golf Resort, S.A.
It is unlawful to engage in defamation of another's character and reputation. Defamation consist of:
(1) a statement that tends to injure reputation;
(2) communication to another; and
(3) that the speaker knew or should have known was false.
Your defamatory statements involved communication at the SCAMORG webpage of: http://www.scamorg.com/kevin-fleming-ba
(1) November 22, 2014: SEASIDE MARIANA SPA & GOLF RESORT/KEVIN FLEMING/MARIA RUEDA/GROUPO MARIANA (hereinafter referred to as Kevin Fleming) FACING LEGAL PROBLEMS FOR MASSIVE MULTI MILLION DOLLAR REAL ESTATE SCAM
The published statement above re-post of a statement published November 9, 2014 that is false and defamatory. You are posting information with a reckless regard for the truth and falsity of the contents.
Accordingly, we demand that (A) immediately cease and desist your unlawful defamation of Kevin Fleming, Maria Rueda and Seaside Mariana Spa & Golf Resort, S.A. and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of Kevin, Fleming, Maria Rueda, Nicaragua Developments S.A., Grupo Mariana S.A. and affiliated company's character and reputation.
If you do not comply with this cease and desist demand within this time period, Kevin Fleming, Maria Rueda, Nicaragua Developments S.A., Grupo Mariana S.A. and affiliated company's are entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney's fees. Your liability and exposure under such action could be considerable.
I recommend that you consult with an attorney regarding this matter.
Kevin Fleming Defamation Lawsuit Filed in the Supreme Court of British Columbia; Canada
The purpose of this message is to inform you that I filed an action on November 4, 2014 in the Supreme Court of British Columbia, alleging defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, Federico Gurdian, David Crowe and Darrell Bushnell for publishing lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.
There are lies being spread on the Internet that I have committed a fraud. These lies have harmed my family and Owners and Promissory Purchasers in the beachfront communities of Isla Mariana and Seaside Mariana in Nicaragua. I'm not going to simply accept it and move on.
I'm pursuing them in court and will obtain orders compelling them to pay damages for their illegal actions. I will force everyone who has failed to take down these lies from their websites to do so and to pay damages for not taking them down when I asked them to.
CEASE AND DESIST ALL DEFAMATION OF KEVIN FLEMING, MARIA RUEDA, NICARAGUA DEVELOPMENTS S.A., GRUPO MARIANA S.A. AND AFFILIATED COMPANY'S CHARACTER AND REPUTATION
To: Edward Albert Cole aka Seaside Mariana Investor Union
You are hereby directed to
CEASE AND DESIST ALL DEFAMATION OF KEVIN FLEMING, MARIA RUEDA, NICARAGUA DEVELOPMENTS S.A., GRUPO MARIANA S.A. AND AFFILIATED COMPANY'S CHARACTER AND REPUTATION
We have learned that you have engaged in spreading false, destructive, and defamatory statements about Kevin, Fleming and Seaside Mariana Spa & Golf Resort, S.A.
It is unlawful to engage in defamation of another's character and reputation. Defamation consist of:
(1) a statement that tends to injure reputation;
(2) communication to another; and
(3) that the speaker knew or should have known was false.
Your defamatory statements involved communication at the SCAMORG webpage of: http://www.scamorg.com/kevin-fleming-ba
(1) April 13, 2014: FIRST. THE Pice de rsistance...
Accordingly, we demand that (A) immediately cease and desist your unlawful defamation of Kevin, Fleming and Seaside Mariana Spa & Golf Resort, S.A. and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of Kevin, Fleming, Maria Rueda, Nicaragua Developments S.A., Grupo Mariana S.A. and affiliated company's character and reputation.
If you do not comply with this cease and desist demand within this time period, Kevin I. Fleming, Mireya Maria Rueda Fleming, Nicaragua Developments S.A., Grupo Mariana S.A. and affiliated company's are entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney's fees. Your liability and exposure under such action could be considerable.
Before taking these steps, however, we wish to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Defamation Settlement Agreement within ten (10) days to:
Kevin Fleming announces the 23 day tour to sell more of whatever Mr. Fleming will sell. All the while knowing that his commitment to deliver on what he will be selling isnt much of a commitment and intentionally will not be delivered upon.
KEVIN FLEMINGS JAN 10 EMAIL BLAST
Well bring Nicaragua to YOU!
KEVIN FLEMING WILL BE PERSONALLY VISITING 23 CITIES THROUGHOUT THE UNITED STATES AND CANADA ON A SPECIAL TOUR
Why?..........Kevin Fleming has placed Seaside on the Market.
Check this linc: http://www.viviun.com/AD-191027/
What will happen to Seaside if sold? Given Mr. Flemings commitment to protect the investors who were first and foremost in the eyes of Grupo Mariana, recovery of your investment is in imminent danger. In fact, those that do not have a registered title have nothing for security. Should Mr. Fleming be able to sell the project, it would be unlikely that he would receive even the amount of the money he has collected from investors. Should he receive less than the investment collected from investors, do you really believe, given his actions to date, that he would return all of your money? If you believe that he has no money, as he says, then you definitely have the answer, and that is NO! If he does have money tucked away, which seems reasonable to assume, being as he has the money for a 23 city tour, then you have also have your answer, that is a rather large NO. It seems very clear at this point. If you do not fight for your investment, it will definitely be lost. The choice will be yours.
There is a chance that you could recover but you would have to act before any sale occurs. The Seaside Mariana Investors Union has been created for that purpose. For more information as to a course of action you can email [email protected]
The union will finish forming in the coming week or two. Express your interest in joining the effort by contacting the Union.
We will be contacting all interested members for a briefing and to set up an information conference call and move forward from there.
We look forward to your contact.
READ ON!............MORE FLEMING MYSTERIES ARE UNCOVERED. GRUPO MARIANA SECURITIES DISCLOSURES
Mr. . Flemings January 2013 disclosure contained the following panel.
See photo attachements for info
Fleming also stated in one of his email blasts: In addition, Seaside Mariana is the first resort in Nicaragua to file documentation with the US Security and Exchange Commission (SEC) and the comprehensive Canadian Disclosure process. This effort provides our investors with an unparalleled level of security and confidence.
FACT:
There is no Canadian Securities Registration
Canadian securities regulation is managed through laws and agencies established by Canada's 13 provincial and territorial governments. Each province and territory has a securities commission or equivalent authority and its own piece of provincial or territorial legislation.
Unlike any other major federation, Canada does not have a securities regulatory authority at the federal government level.
Check attached Securities Searches for Provinces in Canada in attached document.
FACT: Disclosure Registration in BC reveals no registration at all in searches, and in general, Canada does not exist. One because Canada DOES NOT HAVE a Federal level Security registration. And two, because there has been no registration under any name associated with Fleming, Rueda, Seaside Mariana and any variation thereof, Grupo Mariana, Nicaragua
Dev. Anywhere in Canada.
FACT: thereis no province in Canada that has any of the Fleming associations filed or registered.
FACT: Mr Fleming has sold in Alberta, Ontario and BC without the required securities filings. Quebec is believed included. However, All of Canada is being solicited. A prospectus is required. Security is intimated by his declarations but his declarations arefalse.
FACT: Mr Fleming made a filing in the US for$17,500,000 in $350,000 minimum blocks. However, no filing documents were ever filed for any sales generated or investors obtained. He failed to disclose to the SEC who, what and how much was sold. He failed to file a prospectus to sell foreign land titles. He has not complied with investor disclose forms amongst many other items. He appears to be in breach of the Securities act. Someone in America should file a complaint if they feel strongly about his activities.
FACT: YOU HAVE BEEN DECIEVED AGAIN!!
BELOW IS YOUR PROOF In no province will you find registration.
Ontario is a stand alone province. The searches for all entities yielded no matches.
(SEE BELOW ALL SEARCHES)
Alberta and British Columbia searches yield the same. (all searches below) www.bcsc.bc.ca/
Mr. Fleming sent into the United States Securities Commission a Limited Offering of Sale of Securities to raise money for Seaside Mariana Spa & Golf Resort planning to raise $17.5 million dollars with minimum Founder offerings of $350,000 minimum investment. Some Founder member offerings were sold at $350, but the bulk were not. There were no credited investor disclosures or any other filings ever done from that point. Whatever breaches are evident there are irrelevant. The
use of this filing has been to give a false sense of security to investors to further assist Mr. Fleming to extract money from unsuspecting investors.
There is no security with any filing, but there are ramifications for filing and not following the rules. The rules have been broken. Additionally, American law is similar to Canadian in that the security commissions everywhere want to shut down scammers. There has been sufficient evidence to warrant investigation and possibly more than that in the US. American investors are urged to pursue a complaint with reasonable surety of success. Sufficient information to pursue an effective complaint is available through the Seaside Mariana Investors Union upon request. The full filing is attached.
See photo attachements
FLEMING CONSTRUCTION DECEPTIONS
Mr Flemings presentation also contains the following panel:
See photo attachements
Flemings panel states 40 condominiums sold since 2007. The first sales campaign generated 24 Beachfront Tower Condos back in 2007 and no attempt to fulfill that commitment has been made, just excuse after excuse. Construction deadlines
and promises long ago breached. The 2011 sales of the Mariana Del Norte condos have already passed the initial deadline and these condos have not been attempted either. In fact, the Marena permit, that Mr. Fleming says he has pending, has long time expired and there has been no attempt to resurrect it. This was confirmed by the MARENA OFFICES recently. The Marena permit (The master environmental permit) is an absolute necessity to have before a developer can build.
Conclusive observations; the 24 Beach Condos sold in 2007/8 were abandoned and never started when scheduled to be started in 2009 up until now, not one iota of commitment to the investors has been attempted. This is the reason the Wyndham Hotel withdrew from the project. Mr. Fleming could not honor even one commitment.
The infrastructure that was supposed to be built by raising money from the Beach Condos has never been started.
The golf course that was supposed to be long time finished never started.
The master plan changed with the wind and never started
The Mariana Del Norte condos never started.
The Laya bungalows lay in ruins.
Not one decent road exists.
Taxes are not paid even though the contracts specifically state so:
See photo attachements for clause
The support of the ProNicaragua has been lost.
The Wyndham representation has been lost.
Jack Nicklaus has been lost.
Support in the country of Nicaragua has disappeared completely.
There are multiple excuses, stories, statements of bravado, threats of libel and defamation suits, defiance in the face of the current law suit and the many that will follow, the defiant inaction concerning the interests of the investors that gave him millions, the continual deceptions, manufactured accounting statements, lawyers opinion letters that are presented as legal
documents, and ever changing answers to the same questions that investors pose, are all making the true story of Mr.
Fleming come to light.
The fact is
FACT: YOU ARE BEING DECIEVED!
B.C.COURT CASE AND DOCUMENTS
Mr Fleming has proved to the world that his first project, ISLA Mariana, is an un-built abandoned mess of a project after 7 years. He took million of dollars of investors money in 2005/2006 for lots on the Island, and then spent it everywhere but on the project he was entrusted to complete. This project was done in the name of Nicaragua Developments later changed to Grupo Mariana. To this day, not one dollar has been invested in developing the project and the investor lots purchased sit unguarded and grown over with vegetation to the point of them being impassible to foot traffic.
Mr Fleming built a ruse of excuses blaming his former partners, the Bramwells, for the delays in his project at Isla Mariana while he misappropriated funds. During that 2005-2009 period, he used the millions of investors money for his personal
residence, his beach house, his expensive cars, land for other projects and lavish lifestyle living. Recent documents uncovered in a search of British Columbia Court records reveals two affidavits filed by Mr Fleming (in attached files) that were done in June 2010 and Oct 2011 state that he was virtually broke: in June 2010 for approximately $30,000 and Oct 2011 for approximately $5,000 total world wide net worth. Consider that these affidavits were submitted in court during the same time that he states to investors that he put over $2 million dollars of his own money??? into Seaside Mariana Spa and Golf Resort.
How does that work? One more item of particular note is that those affidavits were prepared in the offices of Taboada and Associates; the very same law firm that processed $14 million plus in sales through their offices during the 3 years previous.
First question might be where did that $2 million dollars of his own money? come from?
Especially, when you consider he had no money before the Isla Mariana project.
His former partner Rob Black loaned him the money to buy the Isla property
which he paid back from cash raised at Seaside. This same loan from Mr. Black he shows that he paid Mr. Black back from his funds raised at Seaside and from the money he drained from Isla Mariana. This fund transfer from Seaside is disclosed in the accounting report he sent out to investors. It is these same funds that he says he no longer has in his 2 affidavits produced in the British Columbia LawSuit. Sounds like the Kansas City Shuffle for those of us that remember that old movie! However, the misuse of the Seaside Mariana and Isla Mariana project funds sure fits the Web definition of misappropriation. It would be surprising if the word FRAUD hasnt crossed your mind by now.
Secondly, Mr Fleming and the Bramwells were sued as partners (law suit attached). In his affidavits he swore he had no Canadian assets that the plaintiffs could attach for value and insufficient world wide assets (but the Bramwells did). This, of course, influenced the plaintiffs lawyers to abandon their claim against Kevin Fleming in favor of getting attachable assets from the Bramwells. There was nothing to be gained financially by the plaintiff in pursuing Fleming in the law suit in consideration of these affidavits, plus the degree of difficulty in trying to get information from Nicaragua to prove him wrong, made it easy to decide to pursue the Bramwells. With the Bramwells having sufficient assets to settle, Mr Fleming got a get out jail free card. With Fleming having no assets in Canada and living in Nicaragua, it was futile to pursue him. The judge ruled against the defendants, but since pursuing Mr. Fleming was futile, the Bramwells took the judgment solely against them.
FACT: Kevin Fleming was sued in the Bramwell action.
FACT: Kevin told investors that he was legally fighting against the Bramwells but, in fact, he was fighting beside the Bramwells as a defendant.
FACT: Mr Fleming told all the investors that he beat the Bramwells in his law suit and purported to be the hero for saving Isla Mariana; An obvious deception, to say the least.
FACT: Mr Fleming filed affidavit in 2010 and Oct 2011 that he was virtually totally broke and had no Canadian assets to avoid any further action against him.
FACT: Mr Fleming took all of the millions from sales at Isla Mariana in the name of Nicaragua Developments and misappropriated those funds from that project to buy the Seaside Mariana property in 2006 and a myriad of personal property. This was conducted while the law suit was going on, and during which time he decided to drain assets from Nicaragua developments to show that he was broke in NDSA (Nicaragua Developments S.A.) for the affidavits he filed.
FACT: YOU HAVE BEEN VERY MUCH DECIEVED!!
SEASIDE ACCOUNTING DISCLOSURES
First, in his accounting disclosure to investors he states that he has put over $2 million of his own money into the Seaside project (see slides below highlighted in yellow).
See photo attachements for panel
You might take a special note here, that in the time that the first affidavit in BC was filed (2010) that Mr Fleming had invested his own money of $891,311. He must have completely written that off as a personal loss because in June of 2010, his own legal firm, Taboada and Assoc, where he processed over $14 million dollars of sales since 2007, notarized an affidavit
stating a total net worth of approximately $30000. That brings the meaning of CURIOUS to a brand new level!!! (Both for Taboada and Fleming)
See photo attachements
Take note here, that $891,311 of Mr. Flemings OWN PERSONAL MONEY was conveniently misplaced to make his affidavit in 2010 and $2,171,350 of Mr. Flemings OWN PERSONAL MONEY found its way to the project and was conveniently forgotten when filing his OCT 2011 affidavit.
Apparently, he did not have any money at that time. Also very curious, is that he had $1,621,177 dollars in receivables (marked below in green) from his 2010-2011 sales campaign on Mariana Del Norte that he happily reports was a sell out. So, it appears that those receivables dont show anywhere personally or corporately either. They certainly are not being used by Grupo Mariana to pay anything for the project. They apparently are not used for anything that investors have entrusted Mr Fleming to pay for. The taxes are unpaid, contractors are unpaid, there is no infrastructure, no money spent on the project at all, and ALL THE MONEY IS GONE! Mr. Fleming confirms these facts so very publically. So,, where did all the money go? Is anyone curious?
See photo attachements for panel
It seems incredible that Mr. Fleming can take off on a 23 city tour that he announced on Jan 10 2013, while he and his Seaside project are broke and all of the money spent. That is, of course if you can believe a single word that comes from Kevin Flemings direction.
KEVIN FLEMINGS JAN 10 EMAIL BLAST
We'll bring Nicaragua to YOU!
KEVIN FLEMING WILL BE PERSONALLY VISITING 23 CITIES THROUGHOUT THE UNITED STATES AND CANADA ON A SPECIAL TOUR
It also seems incredible that Mr. Fleming can go on with selling his project to unsuspecting investors, knowing that he has no intention of delivering, no capacity to deliver, has lost the ability to be accountable to anyone, has had the ability to carry out this elaborate deception for so many years, and that never been tackled until the May 2012 law suit filing of Edward Cole.
Kevin Fleming Reviews
B.C. Supreme Court “Order” of Default Judgment against EDWARD ALBERT COLE, TAYLOR COLLINGS, DAVID CROWE, DARRELL BUSHNELL AND JOHN DOE DEFENDANTS
March 16, 2016
No.165789
New Westminster Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
BEFORE A REGISTRAR
DEFAULT JUDGMENT
The Plaintiff having filed and served a Notice of Civil Claim on the Defendants, EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, MIKE, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 and those Defendants having failed to file and serve a Response to Civil Claim within the time allowed:
THIS COURT ORDERS that the Defendants, EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, “MIKE”, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 pay to the Plaintiff damages to be assessed.
THE COURT FURTHER ORDERS that the Defendants EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, “MIKE”, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 pay to the Plaintiff costs to be assessed.
British Columbia Supreme Court Grants Kevin Fleming Permission for “Alternative Service” against Geoff Bramwell, John Bramwell, Nica Projects Ltd. and Brammy Bros. Painting & Restoration Ltd.
On Tuesday, December 16, 2014, the Plaintiff Kevin Fleming made an application for alternative method of service brought without notice to the presiding master at the courthouse at The Law Courts at 651 Carnarvan Street in the City of New Westminster, in the Province of British Columbia to serve the notice of civil claim filed on November 4, 2014 in the Supreme Court of British Columbia on the Defendants Geoff Bramwell, John Bramwell, Nica Projects Ltd. and Brammy Bros. Painting & Restoration Ltd., collectively referred below as the (“Bramwell Defendants”).
The Fleming lawsuit alleges defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, David Crowe, Darrell Bushnell, Federico Gurdian Sacasa and 26 John Doe individuals who have published lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.
In an Affidavit of Attempted Service filed in the Supreme Court of British Columbia, the process server from Rapid Taggers attended the work address of the Bramwell Defendants on November 6, 2014 and left a message with the receptionist. On the same day, the process server received a message from Geoff Bramwell stating he was out of town and to return the next week.
On November 10th and 12th, 2014, the process server returned to the work address of the Bramwell Defendants and was only able to leave a message on the intercom. On November 12th, 2014, the process server left a voice mail message for John Bramwell. On November 18, 2014, the process server attempted to serve John Bramwell at a known residential address but was unsuccessful. As of December 1, 2014, no return phone calls from the Bramwell Defendants were received from the process server and it’s the process servers belief that the Bramwell Defendants are evading service.
Rule 4-4 in the Supreme Court of British Columbia permits substituted service in two distinct circumstances: 1) where it is impracticable to serve the person by personal service; and b) where the person to be served cannot be found after a diligent search or is evading service.
Upon hearing Fleming, and on the reading the sworn Affidavits #3, #4 and #5 of Kevin Fleming, the court ordered that Fleming may serve the notice of civil claim by alternative method upon the Bramwell Defendants by posting a copy of the notice of civil claim and the court order at the Bramwell Defendants work address on the rear entrance door of 1332 Franklin Street, Vancouver, British Columbia, and such service shall be deemed to be good service upon the Bramwell Defendants.
In addition, the time within the Bramwell Defendants may file a response to the notice of civil claim be 21 days after the completion of service. Fleming says, “the alternative service message proposed offers a clear statement of the significance of the notice of civil claim and I will continue to defend my reputation and hold the Defendants to account for their irresponsible publishing of defamatory statements that has deeply hurt me and my family and I welcome the opportunity to meet the Defendants in the courtroom to address their negligent behavior”.
British Columbia Supreme Court Grants Kevin Fleming Permission to Serve Defendants Online
On December 15, 2014, the Supreme Court of British Columbia allowed legal notice to be served by private messages on online forums and sent via email to 26 anonymous individuals advising them that they are being sued in the Kevin Fleming defamation case.
Fleming, who filed a defamation lawsuit seeking damages on November 4, 2014, says in the lawsuit that online comments that imply he was acting in fraudulent manner and unethical are untrue.
Fleming does not know who the John Doe Defendants are or where they are located, and there is no cost-effective means of discovering this information. The only readily apparent means of finding out would be to seek production orders against the various Internet service providers.
Even if such orders were granted and obeyed, they would only yield e-mail addresses, service on which would essentially be no different than that under the proposed order. A court permits alternative (“substituted”) forms of legal service when the usual method of hiring a detective or a process server is “impracticable” or when a defendant is evading service.
With the success of the recent motion, defendants such as “Seaside Mariana Investors Union”, “Isla Mariana Investors Union” and “NicaHeat” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defense.
Under most circumstances, when a person does not file a statement of defense within a given time, the suing party is entitled to a default judgment, which can result in the collecting of compensation from the defendants.
Fleming believes being able to serve legal notice over the Internet is a way for the law to catch up to social media and the judgment means he does not have to serve the defendants in person. This is not unprecedented; there are other cases of hard-to-identify people being notified through Facebook and Twitter that they have been sued.
According to Fleming, "it is important that this defamation lawsuit is seen to the end where judgment is granted in order that individuals would not have to endure these types of hate-filled campaigns, personal attacks and vicious lies."
SCAMORG has been named in a lawsuit filed by Kevin Fleming In The Supreme Court of British Columbia; Canada
Service Message
The Plaintiff, KEVIN FLEMING has named you as a Defendant in a Notice of Civil Claim filed in the British Columbia Supreme Court on November 4, 2014. On December 16, 2014, the British Columbia Supreme Court authorized service of the Notice of Civil Claim by private message to you at this message board.
A copy of the Notice of Civil Claim and Affidavits can be access on the website of Grupo Mariana, S.A. at http://blog.grupomariana.com/notice-of-civil-claim.
You will be deemed to have been served with a Notice of Civil Claim 5 days after the date this message was sent. A copy of the Order permitting service by this private message can also be accessed on the website of Grupo Mariana, S.A. at http://blog.grupomariana.com/notice-of-civil-claim.
JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file a response to the civil claim within 28 days from the date of service of the Notice of Civil Claim, as ordered by the British Columbia Supreme Court of the above-noted Order.
SEASIDE MARIANA SPA & GOLF RESORT/KEVIN FLEMING/MARIA RUEDA/GROUPO MARIANA (hereinafter referred to as
Kevin Fleming) FACING LEGAL PROBLEMS FOR MASSIVE MULTI MILLION DOLLAR REAL ESTATE SCAM
On May 22 2012 a law suit was filed in Managua Nicaragua against all entities named above (Kevin Feming) by investors in an attempt to recover millions invested in a land investment scam known as Seaside Mariana.
Pursuant to contract arbitration terms inserted by Taboada and Associates the lawyer for the Defendent(s) in the original documentation, the Defendent has 60 days to respond and appear at an arbitration hearing to be held under Nicaraguan arbitration rules and in Nicaragua before proceeding to full legal pursuit as outlined by the lawsuit that was filed with the courts.
The Defendent Fleming named above failed to appear giving the Plaintiff full legal authority to pursue recovery as outlined in the law suit under Nicaraguan law.
The amount of the law suit is for an amount in excess of $2 Million Dollars.
As a result of the frivolous and reckless actions of Fleming, the Defendents gained a Legal Registration of the Law Suit as a Legally Registered Lien against all of the titles and lands at Seaside Mariana excepting 26 legally registered lots owner by a fraction of the total number investors that have given Fleming money thinking they actually own land or condo within the project known as Seaside.
The result of Fleming's frivolous attitude toward credibly protecting investors who trusted in him to develop a project has revealed to all but 26 title holders from more than 371 titles created and ALL OF THE CONDOMINIUM BUYERS that have imaginary titles through a 'Promise of Sale' document, that they are either facing 100% loss on their investment or have been placed in harms way and have an extremely high chance of losing 100% of thier investments.
Mr Fleming is an Impressively Brilliant Marketer and Master Manipulator and extremely efficient at parting unsuspecting and trusting investors from their money and spending it wildly and tucking it away in unknown places knowing the eventuality that his high deceptions would hit the wall and the Fleming Kindom would come crashing down. Since the inception of the project in 2007, virtually nothing was created within the project.
There currently is only a couple of drilled wells more than 5 years old and a modecum of partly finished structures that lack any semblence of infrastructure support as there simply isn't any (water connection, electricity, sewer, ...not even one finished road) and will likely never be any under the current admistration of Fleming. All of these 'in your face' items and still people flock to Fleming to give him money. His power over convincing people to believe in his stories is truly impressive.
In email communications Mr Fleming has boasted in excess of $21 Million raised in Sales. The original project land cost was only $4 Million and a change.
There are a couple of wells and a very few thousands dollars of in minimal unfinished structures (2 beach side bungalows and an entrance gate). Mr Fleming is preparing for a Big Sales Event in Nicaragua Nov 28-Dec 2 2012 to try to get more money for his sinking ship and grandios salaries paid to himself and to his wife Maria Rueda. Mr Fleming is well prepared with Myriads Of excuses why things have not gotten going. His stories vary from investor to investor and event to event. INVESTORS CONSIDERING BUYING IN THE PROJECT ARE WARNED TO USE YOUR OWN INDEPENDENT LAWYER and not fall prey to the cunning salesmanship of this man.
Credibility is evidenced by the accomplishments of developer to develop. After 6 years of development, over $21 million in cash invested there only stands land and a few blocks of concrete covering a couple thousand square feet of land from a project with 923 acres of land with zero infrastructure in place.
SEASIDE MARIANA IS ALSO CURRENTLY BURDENED BY DEBTS that Mr Fleming has admited to in email communications with investors that he needs to borrow the money to pay taxes of $85000(or $95000 depending on who you talk to) from someone to be able to give investors their titles, that have already paid to register them more than a year ago to Taboada and Associates without success and now impossible without Mr Fleming settling all tax debts and the lien that is now registered on the land. If he doesn't have enough for taxes, he doesnt have enough for settling any law suit, or enough money to defend his
credibility in finishing the project he started. Where is Mr Fleming's credibility there.
That opinion may be scruitinized but when you review the legally registered documents in the public registry and review email communications you will find a myriad of lies and deceptions. This story continues without end but as of Nov 6th 2012 there is no solution in sight for a remedy to the deceptions and careless investing of the unsuspecting investors that still come and believe Mr Fleming stories.
Anyone who reads this and is curious to know the validity of the aforegoing can search the public registry in Managua.
Investor or potential investor inquiries may be sent to Seasidemarianaripoff on the gmail webmail service. A response will follow.
CEASE AND DESIST ALL DEFAMATION OF KEVIN FLEMING, MARIA RUEDA, NICARAGUA DEVELOPMENTS S.A., GRUPO MARIANA S.A. AND AFFILIATED COMPANY'S CHARACTER AND REPUTATION
To: Edward Albert Cole, Carmen Elizondo, Geoff Bramwell and John Bramwell
You are hereby directed to:
CEASE AND DESIST ALL DEFAMATION OF KEVIN FLEMING, MARIA RUEDA, NICARAGUA DEVELOPMENTS S.A., GRUPO MARIANA S.A. AND AFFILIATED COMPANY'S CHARACTER AND REPUTATION
We have learned that you have engaged in spreading false, destructive, and defamatory statements about Kevin, Fleming, Maria Rueda and Seaside Mariana Spa & Golf Resort, S.A.
It is unlawful to engage in defamation of another's character and reputation. Defamation consist of:
(1) a statement that tends to injure reputation;
(2) communication to another; and
(3) that the speaker knew or should have known was false.
Your defamatory statements involved communication at the SCAMORG webpage of: http://www.scamorg.com/kevin-fleming-ba
(1) November 22, 2014: SEASIDE MARIANA SPA & GOLF RESORT/KEVIN FLEMING/MARIA RUEDA/GROUPO MARIANA (hereinafter referred to as Kevin Fleming) FACING LEGAL PROBLEMS FOR MASSIVE MULTI MILLION DOLLAR REAL ESTATE SCAM
The published statement above re-post of a statement published November 9, 2014 that is false and defamatory. You are posting information with a reckless regard for the truth and falsity of the contents.
Accordingly, we demand that (A) immediately cease and desist your unlawful defamation of Kevin Fleming, Maria Rueda and Seaside Mariana Spa & Golf Resort, S.A. and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of Kevin, Fleming, Maria Rueda, Nicaragua Developments S.A., Grupo Mariana S.A. and affiliated company's character and reputation.
If you do not comply with this cease and desist demand within this time period, Kevin Fleming, Maria Rueda, Nicaragua Developments S.A., Grupo Mariana S.A. and affiliated company's are entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney's fees. Your liability and exposure under such action could be considerable.
I recommend that you consult with an attorney regarding this matter.
Kevin Fleming Defamation Lawsuit Filed in the Supreme Court of British Columbia; Canada
The purpose of this message is to inform you that I filed an action on November 4, 2014 in the Supreme Court of British Columbia, alleging defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, Federico Gurdian, David Crowe and Darrell Bushnell for publishing lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.
There are lies being spread on the Internet that I have committed a fraud. These lies have harmed my family and Owners and Promissory Purchasers in the beachfront communities of Isla Mariana and Seaside Mariana in Nicaragua. I'm not going to simply accept it and move on.
I'm pursuing them in court and will obtain orders compelling them to pay damages for their illegal actions. I will force everyone who has failed to take down these lies from their websites to do so and to pay damages for not taking them down when I asked them to.
Sincerely,
Kevin I. Fleming
Chairman | Grupo Mariana S.A.
Managua, Nicaragua
(888) 484-4425 North America Toll Free
www.grupomariana.com
[email protected]
CEASE AND DESIST ALL DEFAMATION OF KEVIN FLEMING, MARIA RUEDA, NICARAGUA DEVELOPMENTS S.A., GRUPO MARIANA S.A. AND AFFILIATED COMPANY'S CHARACTER AND REPUTATION
To: Edward Albert Cole aka Seaside Mariana Investor Union
You are hereby directed to
CEASE AND DESIST ALL DEFAMATION OF KEVIN FLEMING, MARIA RUEDA, NICARAGUA DEVELOPMENTS S.A., GRUPO MARIANA S.A. AND AFFILIATED COMPANY'S CHARACTER AND REPUTATION
We have learned that you have engaged in spreading false, destructive, and defamatory statements about Kevin, Fleming and Seaside Mariana Spa & Golf Resort, S.A.
It is unlawful to engage in defamation of another's character and reputation. Defamation consist of:
(1) a statement that tends to injure reputation;
(2) communication to another; and
(3) that the speaker knew or should have known was false.
Your defamatory statements involved communication at the SCAMORG webpage of: http://www.scamorg.com/kevin-fleming-ba
(1) April 13, 2014: FIRST. THE Pice de rsistance...
Accordingly, we demand that (A) immediately cease and desist your unlawful defamation of Kevin, Fleming and Seaside Mariana Spa & Golf Resort, S.A. and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of Kevin, Fleming, Maria Rueda, Nicaragua Developments S.A., Grupo Mariana S.A. and affiliated company's character and reputation.
If you do not comply with this cease and desist demand within this time period, Kevin I. Fleming, Mireya Maria Rueda Fleming, Nicaragua Developments S.A., Grupo Mariana S.A. and affiliated company's are entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney's fees. Your liability and exposure under such action could be considerable.
Before taking these steps, however, we wish to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Defamation Settlement Agreement within ten (10) days to:
Grupo Mariana S.A.
Kevin I. Fleming
Managua, Nicaragua
(888) 484-4425 North America Toll Free
www.grupomariana.com
[email protected]
I recommend that you consult with an attorney regarding this matter. If you or your attorney has any questions, please contact me directly.
FIRST. THE Pice de rsistance
Kevin Fleming announces the 23 day tour to sell more of whatever Mr. Fleming will sell. All the while knowing that his commitment to deliver on what he will be selling isnt much of a commitment and intentionally will not be delivered upon.
KEVIN FLEMINGS JAN 10 EMAIL BLAST
Well bring Nicaragua to YOU!
KEVIN FLEMING WILL BE PERSONALLY VISITING 23 CITIES THROUGHOUT THE UNITED STATES AND CANADA ON A SPECIAL TOUR
Why?..........Kevin Fleming has placed Seaside on the Market.
Check this linc: http://www.viviun.com/AD-191027/
What will happen to Seaside if sold? Given Mr. Flemings commitment to protect the investors who were first and foremost in the eyes of Grupo Mariana, recovery of your investment is in imminent danger. In fact, those that do not have a registered title have nothing for security. Should Mr. Fleming be able to sell the project, it would be unlikely that he would receive even the amount of the money he has collected from investors. Should he receive less than the investment collected from investors, do you really believe, given his actions to date, that he would return all of your money? If you believe that he has no money, as he says, then you definitely have the answer, and that is NO! If he does have money tucked away, which seems reasonable to assume, being as he has the money for a 23 city tour, then you have also have your answer, that is a rather large NO. It seems very clear at this point. If you do not fight for your investment, it will definitely be lost. The choice will be yours.
There is a chance that you could recover but you would have to act before any sale occurs. The Seaside Mariana Investors Union has been created for that purpose. For more information as to a course of action you can email [email protected]
The union will finish forming in the coming week or two. Express your interest in joining the effort by contacting the Union.
We will be contacting all interested members for a briefing and to set up an information conference call and move forward from there.
We look forward to your contact.
READ ON!............MORE FLEMING MYSTERIES ARE UNCOVERED. GRUPO MARIANA SECURITIES DISCLOSURES
Mr. . Flemings January 2013 disclosure contained the following panel.
See photo attachements for info
Fleming also stated in one of his email blasts: In addition, Seaside Mariana is the first resort in Nicaragua to file documentation with the US Security and Exchange Commission (SEC) and the comprehensive Canadian Disclosure process. This effort provides our investors with an unparalleled level of security and confidence.
FACT:
There is no Canadian Securities Registration
Canadian securities regulation is managed through laws and agencies established by Canada's 13 provincial and territorial governments. Each province and territory has a securities commission or equivalent authority and its own piece of provincial or territorial legislation.
Unlike any other major federation, Canada does not have a securities regulatory authority at the federal government level.
Check attached Securities Searches for Provinces in Canada in attached document.
FACT: Disclosure Registration in BC reveals no registration at all in searches, and in general, Canada does not exist. One because Canada DOES NOT HAVE a Federal level Security registration. And two, because there has been no registration under any name associated with Fleming, Rueda, Seaside Mariana and any variation thereof, Grupo Mariana, Nicaragua
Dev. Anywhere in Canada.
FACT: thereis no province in Canada that has any of the Fleming associations filed or registered.
FACT: Mr Fleming has sold in Alberta, Ontario and BC without the required securities filings. Quebec is believed included. However, All of Canada is being solicited. A prospectus is required. Security is intimated by his declarations but his declarations arefalse.
FACT: Mr Fleming made a filing in the US for$17,500,000 in $350,000 minimum blocks. However, no filing documents were ever filed for any sales generated or investors obtained. He failed to disclose to the SEC who, what and how much was sold. He failed to file a prospectus to sell foreign land titles. He has not complied with investor disclose forms amongst many other items. He appears to be in breach of the Securities act. Someone in America should file a complaint if they feel strongly about his activities.
FACT: YOU HAVE BEEN DECIEVED AGAIN!!
BELOW IS YOUR PROOF In no province will you find registration.
Ontario is a stand alone province. The searches for all entities yielded no matches.
(SEE BELOW ALL SEARCHES)
Alberta and British Columbia searches yield the same. (all searches below) www.bcsc.bc.ca/
http://www.albertasecurities.com/Investors/Pages/default.aspx
http://www.sfsc.gov.sk.ca/
http://www.lautorite.qc.ca/fr/registre-entreprise-individu-fr-conso.html
http://www.osc.gov.on.ca/en/search.htm?gquery=REGISTRANT+SEARCH
SEE SECURITIES SEARCHES DOCUMENT ATTATCHED TO THIS EMAIL.
UNITED STATES Search..SEE FULL DOCUMENT ATTACHED IN ANOTHER DOCUMENT
http://www.sec.gov/cgi-bin/browse-edgar?company=SEASIDE+MARIANA&match=contains&CIK=&filenum=&State=&Country=&SIC=&owner=exclude&Find=Find+Companies&action=getcompany
Mr. Fleming sent into the United States Securities Commission a Limited Offering of Sale of Securities to raise money for Seaside Mariana Spa & Golf Resort planning to raise $17.5 million dollars with minimum Founder offerings of $350,000 minimum investment. Some Founder member offerings were sold at $350, but the bulk were not. There were no credited investor disclosures or any other filings ever done from that point. Whatever breaches are evident there are irrelevant. The
use of this filing has been to give a false sense of security to investors to further assist Mr. Fleming to extract money from unsuspecting investors.
There is no security with any filing, but there are ramifications for filing and not following the rules. The rules have been broken. Additionally, American law is similar to Canadian in that the security commissions everywhere want to shut down scammers. There has been sufficient evidence to warrant investigation and possibly more than that in the US. American investors are urged to pursue a complaint with reasonable surety of success. Sufficient information to pursue an effective complaint is available through the Seaside Mariana Investors Union upon request. The full filing is attached.
See photo attachements
FLEMING CONSTRUCTION DECEPTIONS
Mr Flemings presentation also contains the following panel:
See photo attachements
Flemings panel states 40 condominiums sold since 2007. The first sales campaign generated 24 Beachfront Tower Condos back in 2007 and no attempt to fulfill that commitment has been made, just excuse after excuse. Construction deadlines
and promises long ago breached. The 2011 sales of the Mariana Del Norte condos have already passed the initial deadline and these condos have not been attempted either. In fact, the Marena permit, that Mr. Fleming says he has pending, has long time expired and there has been no attempt to resurrect it. This was confirmed by the MARENA OFFICES recently. The Marena permit (The master environmental permit) is an absolute necessity to have before a developer can build.
Conclusive observations; the 24 Beach Condos sold in 2007/8 were abandoned and never started when scheduled to be started in 2009 up until now, not one iota of commitment to the investors has been attempted. This is the reason the Wyndham Hotel withdrew from the project. Mr. Fleming could not honor even one commitment.
The infrastructure that was supposed to be built by raising money from the Beach Condos has never been started.
The golf course that was supposed to be long time finished never started.
The master plan changed with the wind and never started
The Mariana Del Norte condos never started.
The Laya bungalows lay in ruins.
Not one decent road exists.
Taxes are not paid even though the contracts specifically state so:
See photo attachements for clause
The support of the ProNicaragua has been lost.
The Wyndham representation has been lost.
Jack Nicklaus has been lost.
Support in the country of Nicaragua has disappeared completely.
There are multiple excuses, stories, statements of bravado, threats of libel and defamation suits, defiance in the face of the current law suit and the many that will follow, the defiant inaction concerning the interests of the investors that gave him millions, the continual deceptions, manufactured accounting statements, lawyers opinion letters that are presented as legal
documents, and ever changing answers to the same questions that investors pose, are all making the true story of Mr.
Fleming come to light.
The fact is
FACT: YOU ARE BEING DECIEVED!
B.C.COURT CASE AND DOCUMENTS
Mr Fleming has proved to the world that his first project, ISLA Mariana, is an un-built abandoned mess of a project after 7 years. He took million of dollars of investors money in 2005/2006 for lots on the Island, and then spent it everywhere but on the project he was entrusted to complete. This project was done in the name of Nicaragua Developments later changed to Grupo Mariana. To this day, not one dollar has been invested in developing the project and the investor lots purchased sit unguarded and grown over with vegetation to the point of them being impassible to foot traffic.
Mr Fleming built a ruse of excuses blaming his former partners, the Bramwells, for the delays in his project at Isla Mariana while he misappropriated funds. During that 2005-2009 period, he used the millions of investors money for his personal
residence, his beach house, his expensive cars, land for other projects and lavish lifestyle living. Recent documents uncovered in a search of British Columbia Court records reveals two affidavits filed by Mr Fleming (in attached files) that were done in June 2010 and Oct 2011 state that he was virtually broke: in June 2010 for approximately $30,000 and Oct 2011 for approximately $5,000 total world wide net worth. Consider that these affidavits were submitted in court during the same time that he states to investors that he put over $2 million dollars of his own money??? into Seaside Mariana Spa and Golf Resort.
How does that work? One more item of particular note is that those affidavits were prepared in the offices of Taboada and Associates; the very same law firm that processed $14 million plus in sales through their offices during the 3 years previous.
First question might be where did that $2 million dollars of his own money? come from?
Especially, when you consider he had no money before the Isla Mariana project.
His former partner Rob Black loaned him the money to buy the Isla property
which he paid back from cash raised at Seaside. This same loan from Mr. Black he shows that he paid Mr. Black back from his funds raised at Seaside and from the money he drained from Isla Mariana. This fund transfer from Seaside is disclosed in the accounting report he sent out to investors. It is these same funds that he says he no longer has in his 2 affidavits produced in the British Columbia LawSuit. Sounds like the Kansas City Shuffle for those of us that remember that old movie! However, the misuse of the Seaside Mariana and Isla Mariana project funds sure fits the Web definition of misappropriation. It would be surprising if the word FRAUD hasnt crossed your mind by now.
Secondly, Mr Fleming and the Bramwells were sued as partners (law suit attached). In his affidavits he swore he had no Canadian assets that the plaintiffs could attach for value and insufficient world wide assets (but the Bramwells did). This, of course, influenced the plaintiffs lawyers to abandon their claim against Kevin Fleming in favor of getting attachable assets from the Bramwells. There was nothing to be gained financially by the plaintiff in pursuing Fleming in the law suit in consideration of these affidavits, plus the degree of difficulty in trying to get information from Nicaragua to prove him wrong, made it easy to decide to pursue the Bramwells. With the Bramwells having sufficient assets to settle, Mr Fleming got a get out jail free card. With Fleming having no assets in Canada and living in Nicaragua, it was futile to pursue him. The judge ruled against the defendants, but since pursuing Mr. Fleming was futile, the Bramwells took the judgment solely against them.
FACT: Kevin Fleming was sued in the Bramwell action.
FACT: Kevin told investors that he was legally fighting against the Bramwells but, in fact, he was fighting beside the Bramwells as a defendant.
FACT: Mr Fleming told all the investors that he beat the Bramwells in his law suit and purported to be the hero for saving Isla Mariana; An obvious deception, to say the least.
FACT: Mr Fleming filed affidavit in 2010 and Oct 2011 that he was virtually totally broke and had no Canadian assets to avoid any further action against him.
FACT: Mr Fleming took all of the millions from sales at Isla Mariana in the name of Nicaragua Developments and misappropriated those funds from that project to buy the Seaside Mariana property in 2006 and a myriad of personal property. This was conducted while the law suit was going on, and during which time he decided to drain assets from Nicaragua developments to show that he was broke in NDSA (Nicaragua Developments S.A.) for the affidavits he filed.
FACT: YOU HAVE BEEN VERY MUCH DECIEVED!!
SEASIDE ACCOUNTING DISCLOSURES
First, in his accounting disclosure to investors he states that he has put over $2 million of his own money into the Seaside project (see slides below highlighted in yellow).
See photo attachements for panel
You might take a special note here, that in the time that the first affidavit in BC was filed (2010) that Mr Fleming had invested his own money of $891,311. He must have completely written that off as a personal loss because in June of 2010, his own legal firm, Taboada and Assoc, where he processed over $14 million dollars of sales since 2007, notarized an affidavit
stating a total net worth of approximately $30000. That brings the meaning of CURIOUS to a brand new level!!! (Both for Taboada and Fleming)
See photo attachements
Take note here, that $891,311 of Mr. Flemings OWN PERSONAL MONEY was conveniently misplaced to make his affidavit in 2010 and $2,171,350 of Mr. Flemings OWN PERSONAL MONEY found its way to the project and was conveniently forgotten when filing his OCT 2011 affidavit.
Apparently, he did not have any money at that time. Also very curious, is that he had $1,621,177 dollars in receivables (marked below in green) from his 2010-2011 sales campaign on Mariana Del Norte that he happily reports was a sell out. So, it appears that those receivables dont show anywhere personally or corporately either. They certainly are not being used by Grupo Mariana to pay anything for the project. They apparently are not used for anything that investors have entrusted Mr Fleming to pay for. The taxes are unpaid, contractors are unpaid, there is no infrastructure, no money spent on the project at all, and ALL THE MONEY IS GONE! Mr. Fleming confirms these facts so very publically. So,, where did all the money go? Is anyone curious?
See photo attachements for panel
It seems incredible that Mr. Fleming can take off on a 23 city tour that he announced on Jan 10 2013, while he and his Seaside project are broke and all of the money spent. That is, of course if you can believe a single word that comes from Kevin Flemings direction.
KEVIN FLEMINGS JAN 10 EMAIL BLAST
We'll bring Nicaragua to YOU!
KEVIN FLEMING WILL BE PERSONALLY VISITING 23 CITIES THROUGHOUT THE UNITED STATES AND CANADA ON A SPECIAL TOUR
It also seems incredible that Mr. Fleming can go on with selling his project to unsuspecting investors, knowing that he has no intention of delivering, no capacity to deliver, has lost the ability to be accountable to anyone, has had the ability to carry out this elaborate deception for so many years, and that never been tackled until the May 2012 law suit filing of Edward Cole.
FACT: YOU HAVE CONTINUALLY DECIEVED!!!!
Further contact for information may be sent to [email protected].