The Morgan Tsvangarai Scam
Updated Jan 6, 2014
Wikifrauds has uncovered a lot of scams in the last eighteen months,
but this one nearly takes first prize for its sheer audacity and the
use of a highly public political figure as the supposed provider of
over US$ 800 million in what can only be described as a fantastic and
classical Nigerian fee scam.
(See Wikipedia
citations on Nigerian 419 Advance Fee Scams) See Also Liva's current whereabouts Livas fake documents.
"Dr" Peter Liva and Facultus Pty Ltd
Morgan Tsvangarai,
Prime Minister of
Zimbabwe Ponzi and up-front Fee
Scammer, Peter Liva Liva's Lawyer,
Graeme Delaney
. .
the
supposed holder of US$800
million
Millions taken from Australians Supposedly undertook due diligence. Has history of trouble with the law. .
Liva
frequently used this boat to host meetings with potential victims ...
part of the "Scammer's Toolkit" which in all cases includes the window
dressings to impress clients, like palatial residences (rented) and the
boat (not his) and the Ferrari (later taken back by the finance company)
We know who owns this boat and who arranged for it to be at Liva's home. More information is available by contacting us.
Fake Documents
more photos .
Warning! This
company IS a
complete scam. Peter Liva is the Australian arm of this "Nigerian"
advance fee scam.
Liva's accomplices are a Dr
Edward Garner and a Patrick Thomas,
Garner
allegedly from London and Thomas, a South African, is partly domeciled
in Brussels. Both are of native African decent. Thomas's father is
allegedly a high profile accountant in South Africa, and is supposedly
also in control of this scam being run out of Brussels. An associate of
Garner's is one Eddy Kiaku, a high profile criminal attorney in
Brussels, who was engaged to handle matters between Garner and Liva,
and Liva's lawyer Delaney. Kiaku's involvement is unclear at this
stage, but we can tell you that when Wikifrauds contacted him on August
29, he immediately told Garner and Liva of the contact we had made,
thus making us suspicious of his role. It has been alleged to us that
he has connections to Tsvangirai himself.
The Pitch:
The
story run by these scammers is, that over time,
Zimbabwe Prime
Minister Morgan Tsvangirai, has received millions upon millions in
political donations from the West to finance his election campaigns
against the tyrannical President Robert Mugabe. Most of this money has
been unofficially donated in cash by sympathetic governments and
political allies via the back door. Tszangarai has found himself with
crates full of cash and bullion, which with the help of Garner and
Thomas, he has managed to spirit away into European banks, notably ING
in Brussels.
Tsvangarai wanted to "legitimise" this money and quietly invest it in
Australia through Peter Liva into quality first mortgage investments.
But because certain officials in the European banking system needed to
be paid to facilitate the cleansing of this money, 'fees' needed to be
collected to obtain the required clearance certificates before the
money could be transferred to the Australian bank, in this case,
Westpac Banking Corporation.
Armed with this story and a lot of "secret" but nonetheless fraudulent
documents supporting the story, Liva has over the last two and a half years
collected somewhere between two and three million dollars in loans, or
fees for loans promised, from businessmen in Australia who were taken
into Liva's confidence about the fund and its ownership. All were
quietly given the story and exhorted never to discuss the funder's name
or position lest his plans be discovered, and the promised loan fund
offer from Tsvangirai withdrawn. Moreover, Tsvangirai would find himself in big trouble with Mugabe.
So they handed over the money to Liva by the hundreds of thousands, and
sat back and waited month after month, in some cases for over two
years, while Liva kept them on a string with promised settlement dates
and ever-growing excuses about the complex nature of the funds transfer
out of Europe. Nobody was game enough to call the play and maybe ruin
the deal, and so said nothing at all until Wikifrauds became involved
late last January.
We briefly published a webpage on Liva back in March 2012 but were asked by some of these
businessmen to withdraw until end May, one of Liva's deadlines. We even
exchanged emails with Liva and gave him the benefit of the doubt until
then. Further pleas by some of the Australian victims have kept us
quiet up to now, but a chain of broken promises by Liva is all anyone
has received.
It is our belief that this scam has also been run in other countries
outside of Australia, and could involve untold millions taken from
desperate businessmen elsewhere in the world.
Of course, there is always a slim chance
that this story is true, and that
Tsvangirai really does have a lot of dirty money he needs to hide. We
really doubt this would be the case, and will leave that where it
belongs in the world of speculation, and perhaps for other official
investigators to look into. We
will as a matter of course, alert the Zimbabwe Embassy of these matters
and they can choose to look into it or not, and we have now referred the whole
matter to the Justice Department in Brussels.
And naturally of course, Liva has let his company Facultus Pty Ltd
lapse into receivership following an application in the Victorian
Supreme Court by one aggrieved investor. Thereby, as nearly all his
committments were made by Facultus, he will plead broke and pay nobody
back their loans, nor honor any loan committments made to would-be
borrowers and people who lent him money, and keep it all. Somewhere
between $2.5 and 3 million, and that's just what we know about.
However, as the scam involving Facultus and the Tsvangirai story
gradually became known and stemmed Liva's inward cashflow, he started a
new company in August and partnered-up with lowlife
Les Cheers,
a convicted fraudster also from Queensland, and began telling a
different story, collecting more fees through PL Securities Pty Ltd.
Read more.
Meantime, since mid September, Liva, still saying the Tsvangirai
story was real but that Tsvangirai had become nervous and withdrawn the
funding, has been spinning the yarn that Tsvangirai was going te repay
all of his (Liva's) expenses including fees and loans taken. With one
or two exceptions, nobody really believed this phase of the
sting, but it gave Liva the time and space to run his new PL Securities
scam. Those one or two are the same Australian businessmen who
prevailed on us to withdraw our initial publication of this matter
earlier this year, and must now carry some responsibility, along with
Wikifrauds, for any losses others may have suffered post that time and
up until now. These same people continue to this day to believe in the
refund process, but
we do not and hence can no longer remain silent on this matter.
Victims are invited to
contact us if they are interested in joint legal and police action we have been planning.
Editor, November, 11, 2012
________________________________________________________________________________________________________________________
Liva's current whereabouts:
Liva has been in Brussels since March this year - living at other
people's expense. He is virtually a full-time resident at the Novatel.
Here are all the details - note that he rarely moves more than a few
metres from the hotel which has become his comfort zone.
Hotel: Novatel Grand Palace
Rue du Marché aux Herbes 120 1000 City of Brussels, Belgium 02 514 33
33
Dines: Mostly frequents Giuseppe Pizzaeria,
Rue du Marché aux Fromages 33, 1000 City of Brussels, Belgium
After:
Sphinx Nightclub
20 Kaasmarrt 1000 Brussels
Quick links:
Liva's credit history from Veda
Advantage
Liva's work history
Liva's Title (doctorate?)
Liva's supposed "Proof of
Funds" document.
(Translated Version of above document)
Liva's Gallery - a must see pictorial.
Liva's suspected co-conspirators
Victim's Documents.
Facultus Wind-Up Notice
Liva's
fake documents. These two documents have been confirmed
by ING as fakes:
1.Proof
of Funds 2. ING
Letter.
This second document is supposedly signed by a B Fisher. ING Brussels
have
confirmed that there is no such person employed by ING and that this is
a complete fabrication. A third document used by Liva to show Belgium
Justice Department
Clearance has also been confirmed by that organisation as being, in
their words not ours, a "scam".
3. False Justice Department Document.
That advice from the authorities in Brussels is pasted below. We also
have emails
from ING investigations staff confirming that the ING documents are
total
fakes. All of these documents were shown to Liva's investors to enable
him to
fraudulently obtain their money. There will be at least a couple of
dozen charges of fraud that Australin police can bring against Liva.
________________________________________________________________________________________________________________________
Email from Justice Dept Brussels:
Dear
Sir,
The document
you’ve send us, is a scam.
I’m
transferring this to my superiors because it also seems to be a case of
signature abuse.
Kind
regards,
Mevr. Hayat AIT
CHAOURA
Informatieambtenaar/ Fonctionnaire d'information
Federale Overheidsdienst
Justitie
Service
public fédéral Justice
Diensten van de
Voorzitter
Services du Président
Dienst
Documentatie en Informatie
Service Documentation et
Information
Waterloolaan 115,
boulevard de Waterloo, 1000 Brussel - Bruxelles
Tel / Tél. : 02 542 69
10
Fax : 02 542 70 39
hayat.aitchaoura@just.fgov.be
_________________________________________________________________________________________________________________________________________
Update June 30,
2012:
After our June 15 update below, we briefly re-published this page and
were again persuaded to withdraw it in the interests of allowing the
alleged USD$800 million to be transferred to Liva, and thus his
promised loan funding would be available to his clients, and that he
would also be able to repay those investors who habve lent him so much
money in the last two years. According to Liva and his supporters in
Australia, the very presence of this webpage had placed the whole
funding mechanism in jeopardy.
Again, we and others were given firm undertakings that the transfer of
funds would now happen by June 20, then again at the very latest by
June 26. Then we find that the signatory with the power to execute the
transfer, this mysterious Dr Garner of London, had arrived in Brussels
again on June 26 to effect the transaction. Yet we and others,
including Liva's lawyer Delaney, had been previously told by Liva that
all this had been done weeks ago, and that the transaction was
"irreversible". THAT WAS ANOTHER COMPLTETE AND DELIBERATE FABRICATION
BY LIVA, and distributed by Delaney, with the sole purpose of buying
more time.
The Ponzi Scheme: One victim speaks up publicly.
Since then, further information has come to us by one of Liva's
victims, Gold Coast businessman Paul Micallef, who has authorised
Wikifrauds to publish his story.
Mr Micallef was enticed by a friend of his back in 2010 to invest
in
Facultus Pty Ltd on the promise of a very healthy return, the money
being required to secure release of funds held overseas which when
obtained would provide capital for a loan portfolio for borrowers Liva
already had in the pipeline. Part of the agreement subsequently entered
into was that Mr Micallef and his partner would also have access to a
$1 million line of credit at 3% interest. He invested $220,000 in
Facultus and just
three days later received a 'dividend' payment of $55,000 from one
Jarrod Emparo Tuendemann, the transfer description being "payment from
P Liva". Mr Micallef, who to that point had never heard of Tuendemann,
was surprised at this quick dividend but didn't suspect anything wrong
until he later sought the repayment of his loan for other domestic
reasons. After much pressure, he received a further $30,000 as a
dividend, and then following more requests for his investment to be
returned, he then received four cheques totalling $220,000 from
Facultus to cover his initial investment, all of which bounced! We have
subsequently discovered that Mr Tuendemann himself has been scammed by
Liva for several hundreds of thousands, and that Liva had asked
Tuendemann to pay this amount on his behalf. Liva never repaid
Tuendemann, and to this day Tuendemann remains one of Liva's biggest
victims.
Meantime, and to keep his own situation liquid, Liva personaly
introduced Mr Micallef to
Acquire
Capital
and arranged a three-month bridging loan at 2.5% per month to tide
things over until Liva's funds arrived. Live entered into a contract
with Mr Micallef which guaranteed that all costs incurred with this
bridging loan would be met by Liva. Needless to say that Liva's funds
never eventuated, the interest kept compounding, and Mr Micallef and
his partner have suffered very substantial losses as a result. And
where's Liva during all this - gone off to Brussels (And Paris and
London) and even now will not speak to Mr Micallef or return emails or
phone calls. He is
still waiting for his money and is sick of the never-ending lies from
Liva. And to compound matters even further yet, his business partner
has also paid an up-front fee of $125,000 for a business loan
from Facultus, and he now was recently forced to sell a home at a
fire-sale price just to keep his business interests liquid.
This taking of investment money by Liva and then paying
small 'dividends' is the true model of a Ponzi Scheme, particularly
when the principle investment money cannot then be repaid, and the
organizer subsequently also receives further investments from other
people.
Further, we were contacted by
another
informant who told us that just in the last few weeks, approaches had
been made by Liva to obtain $600,000 in an investment to secure $800
million from an overseas funder. He also approached a Sydney broker for
a further $200,000 in the same week. Well, we know that this
$600,000 had already been paid six months earlier by a prominent Sydney
businessman, who based his decision on the fake documents referred to
above, and who it now turns
out will likely become another victim of Liva's two-pronged scam. The
$600K was supposedly to pay the ECB for bank clearance documents.The
businessman, despite many requests, cannot obtain a receipt from the
bank for this money, and the money trail ends with the deposit going
into the Hong Kong account of one Patrick Thomas
, an associate in this scam with Liva.
Q: So why is Liva spinning the same story again if the required
money has been paid?
A: Because he can't help
himself from harvesting as much as he can before we close him down and
report him to the authorities.
Victim's
Documents 1:
This
link
will take readers to a copy of a Facultus conditional loan offer dated
August 2010 to a Queensland client , where Liva offers a facility of $1
Billion - correct, One Billion Dollars! Yet he is only supposedly
arranging $800 million in overseas funds, so this loan offer is quite
obviously misleading, as he does not have and never did have the
ability to provide such an amount. However, this clearly deceptive
document led the client to pay a very large loan application fee to
Liva, and the client has been swinging in the breeze ever since. Here's
just one nice fraud to start with, and there are many more to be handed
up to the various police forces, and ASIC.
This one deal alone would mean that he couldn't support any of the
dozens of others he has promised. Interestingly, at the foot of page 1
of this offer, Facultus is shown as having an office in Singapore. We
checked the address - it exists, but it is however just a serviced
office address and there is no evidence that Facultus ever actually had
any office in that building. There is no phone number for the Singapore
office either, the only phone numbers are Liva's Queensland numbers. We
dialled the landline number and got through to a company called
"Constructive Equipment". Obviously Liva had moved - again.
Liva in Brussels in 2010: On
one of his first trips to Brussels in 2010, when Liva was supposedly
broke and needing even more cash to secure this overseas funding deal,
he was in fact having an all-expenses paid junket with his wife.
Click
here to see photos of this tour taken with investor's cash, along
with
some at home photos taken in his new residence on Sovereign Island on
the Gold Coast. Not doing too badly for someone who only two days ago
told one of his supporters that he only had four dollars in the bank!
Current Wind-Up Action, Supreme Court
of Victoria:
An application for Winding Up of Facultus Pty Ltd has been lodged by
MSB Lawyers in Melbourne,
acting on behalf of plaintiff, Christopher
John Clarke of Kensington, NSW. MSB have advised us that the matter is
scheduled to be heard on July 4. We believe this to be for an amount
around $43,000.
See
notice.
We
were also told by MBS of another client thinking to join this action.
MBS provided us with this person's contact details, and a discussion
ensued. We have been told that this party and his associates are "in
the hole" with Liva for over $600,000. Meanwhile, MBS advised us that
there has been no sign whatsoever that Liva will be defending this
action.
_______________________________________________________________________________________________________________________
Update June 15,
2012:
This website was suspended by us about a month ago at the request of a
few people who were at that time convinced that Liva's funding would
come good, and that continuation of the website might have caused
Liva's funder to withdraw. We honoured a commitment to not re-publish
for ten days, then extended that grace out to close of business June 8,
by which time clients and brokers alike were promised by both Liva and
his lawyer, Graeme Delaney, that the long awaited funds would be
transferred from ING Brussels. It appears that yet another promise by
Liva has failed to be honoured.
Along with the promise that the transfer would be activated on June 8
came a number of committments and advices from both Liva and Delaney in
the following days. These committments included advices to many people
that the funds would be cleared and into Delaney's trust account by
today, June 15. First was a verbal advice from Liva (through a contact)
that the transfer had started on June 8 and
was not reversible.
This followed an email from Liva to Wikifrauds also stating that the
activation process had started. Next was an email advice to client's
and their law firms from Delaney on Wednesday June 13, which also
contained a warning about attempts made by third parties to seek
confirmation from the banks and the funders representative. Wikifrauds
IS NOT the third party referred to, and we believe in fact that this
'third party' was in fact our friends James Dickson and Patrick
Crammond
from Island Pacific Corporation. What we see in this, and have been
advised so, is that
the
funding was not irreversible at all and that such third party
poking around could derail the whole thing. The email is pasted below
.
Dear Sir/Madam,
I refer to my earlier advices and confirm that my client has advised
that both he and the source funder's representative have attended
meetings at ING Brussels on Thursday last (7th June) and Monday this
week (11th June) and that the bank has been given the "green light" to
remit the funds. I have now been provided with what I am satisfied is
proof of the funds, by way of a letter from ING on their letterhead to
my client confirming the fact that the funds (the total amount has been
nominated) are held by them for transmission to his nominaated account
in Australia (our trust account).
I am today (tonight our time) expecting to be informed as
to the final timetable and process for the completion of the transfer.
It must be said that some concern has been expressed by both the Bank
and the source funder's representative concerning attempts to contact
them by third parties from Australia. Please under NO
circumstances, attempt to contact either of them. Should this
transaction fail for a reason such as this, my client specifically
reserves his rights against those who may be responsible.
I will correspond with you again tomorrow after I
receive what I am informed is the final transfer timetable.
Yours faithfully Graeme Delaney
We then heard that the hold up was Westpac bank themselves clearing the
funds by being satisfied that the requisite clearance certification
was in order. Then we saw the following email from Delaney, dated June
14, indicating
that Liva and the funder's agent Garner were still in Brussels to
ensure that the transfer had taken place. This again refutes Liva's
earlier claim that the transfer was irreversible and casts even more
doubt about the whole process:
Subject: International funding. Facultus Pty Ltd.
Dear
Sir/Madam,
I
refer to my advice of yesterday. Unfortunately, I do not yet have a
precise timetable for the transfer. I understand the source funder's
representative was required to attend to some other matters as a
priority. As soon as I have received more information I will pass it on.
Yours
faithfully Graeme Delaney
As one interested observer emailed to us, "I bet $1000 to $1 that it
will never happen."
______________________________________________________________________________________________________________________
Facultus
to be wound-up?
Not only has this date passed with no result, but Wikifrauds has
received very disturbing information that Facultus Pty Ltd is to be
wound up shortly. The following email was sent to a broker undergoing
due diligence on Facultus. (All we have done here is remove the
broker's name)
Hi
Mr Xxxxxxx
In
response to your e-mail (below) , we have been involved with Peter Liva
and his company Facultus Pty Ltd for approx 2
years now initially as a consultant regarding International Banking
procedures. But as time has gone on we have become more involved to the
extent that we are now controlling the funds and the allocation to
certain clients. The company Facultus Pty
Ltd will be terminated shortly along with all funding approvals given
out, all of which have expired due to the time it has taken with the
legal process in obtaining offshore funds. Our company IPC will be
allocating certain funds to certain clients, primarily assisting public
companies to expand into new ventures or expand existing business’s.
Any
funds or fees that have been loaned or given to Facultus Pty
Ltd by potential clients will be refunded in full once all
documentation has been completed and amounts confirmed by Mr Liva.
I
hope this clarifies things for you and your clients.
Sincerely James
Dickson (This is the same Xxxxx who earlier
emailed us on April 20 as cited below.)
We questioned Liva about this alarming statement, and he had this to
say on June 7:
"Xxxxxxxx has been given an allocation of funds which they will
utilise but always through my control. They are also going
to handle existing clients of mine that may need extra work. In some
case projects have changed together with circumstances and if this is
the case we would be looking at refunding any fee paid and look at new
projects for them etc… As far as Facultus terminating
it may or may just change the structure of the company but that will
not be shortly but after all the client loans have been completed and
everything else done. Yes, he will have his own clients
which need to be accepted by me but will not control my money.
Again, this email should not have gone out and I will be contacting Xxxxx to discuss the matter.
Not exactly a repudiation of Xxxxx's message, and in fact it vaguely
confirms it. So what happens to those people, who as far back as 2010,
have paid hundreds of thousands of dollars to Liva and been promised
loan settlements. Are they going to be dumped by Xxxxxx?
The advice from Xxxxx above would indicate just that.
____________________________________________________
It is said that misrepresentation is the mother of fraud. Add financial
advantage as the father, and the fraud is born.
The misrepresentation here is Liva's offers to fund loans when he
clearly had no money to lend, and to take up-front fees for these
loans. The financial advantage
was his ability to use these funds to live off for over two years, to
re-locate himself to Sovereign Island where there is a huge boat moored
on the private jetty, and to flit around the world with everyone's
money paying for it. He has been to Brussels numerous times and often
for lengthy periods, and on occasion with his wife, all paid for by
up-front fees collected from
trusting clients he now it seems ready to abandon. This man has been
living off other people for two or more years and produced nothing but
anxiety. We wonder if he has been paying FBT, GST, PAYE or Company
taxes, something the ATO will ultimately be looking into after we take
this matter to all authorities.
The
mysterious origins of the money:
This is the truly amazing part of this story. Liva has told a number of
people that the USD$800 million he is getting is coming from the
private funds owned by a "third world leader" and held in cash and or
gold at ING Brussels. If this is true, and the bona fides of the money
is clear, then why is it taking so long to transfer. If this is true,
how did Liva, with his credit history, ever get to the position of
being able to borrow it? And if it is true, what securities have been
offered against the loan from this third world leader. And if the money
is not clean, is the supposed middle man at the ING bank manipulating
the provenance of this wealth to clean it up before sending it to
Liva's trust account with O'Neills Law? We have been told that a
similar transfer actually took place in 2011, for USD$100 million, but
that the Australian bank refused to clear it and the money was
transferred back to ING. Perhaps the funder's agent in London, a Dr
Garner, who has the power to act for this third world leader, has the
answers. He has certainly had his hands on the levers of approval in
this transaction, and has reportedly told Liva that under no
circumstances is he to disclose the source of the funds.
The plot thickens, and a day of reckoning is coming. Clients wanting to
join in a coordinated action are encouraged to
contact us now!
Update May 4,
2012:
Since our last update, we have only
heard via our client that the funds are supposedly to be cleared in
Australia by today, May 4 - yet another extended date. And despite our
further requests for information that would prove the existence of
these funds, nothing has been provided.
Indeed, we have now been contacted by
two more
disgruntled clients who have been fed a lot of broken promises by Liva,
either directly from himself, or by instruction through his lawyer
Graeme Delaney. On April 20 we replied to Delaney's email as
detailed below.
To this date, and despite the fact that Delaney advised that he would
keep us informed and that the funds would be cleared and in his trust
account by April 27. This clearly has not happened and we have had no
further response from Delaney.
We also received an
email from Xxxxxxx
on April 20 stating that he had sought from his associates in Frankfurt
certain documents from the Department of Justice "showing the details
of the business in question". We had offered to meet with Xxxxx to
view this evidence in confidence. We have had nothing further from him
either, and that document is now thought to be fraudulent also.
Update
April 21, 2012:
Despite an email cited
below
from Liva's
lawyer, Graeme Delaney, in which he advised that Liva's funds would be
in his (Liva's trust account held by O'Neills) hands between April 13
and April 17, no such advice has been received and Mr Delaney is still
refusing to supply us with evidence and proof of funds. We have offered
to keep such evidence in strict confidence to preserve commercial
interests in preventing any circumvention or unwarranted disclosures.
If Liva's lending platform is real and the funds are clean, we would
have expected that he or his attorney or agent would have no difficulty
in giving us the evidence to show just that. This continual refusal to
do so tells us that this whole saga is just a fee phishing exercise. We
have advised all parties related to Liva that we will pull down this
webpage within seconds of seeing credible proof of funds and credible
evidence of the transfer from ING. Still nothing - it's almost as
though Liva doesn't care what is being said by us or his clients. And
now that we have rung the alarm bells, how long before Delaney does the
same thing and puts the pressure on his client to provide proof of
funds.
What we find truly amazing is that, as we believe and are told by
Delaney, Liva first became O'Neill's client about a year ago and his
instructions were for them to act in facilitating the transfer of some
$800 million from ING Brussels to an O'Neill's trust account in Liva's
name, and thence to raise mortgage and loan documents for Liva's
clients. One would expect that given the sheer size of this amount of
money, O'Neills and specifically Delaney, would have
then
sought credible proof of funds and done some basic due diligence on
their new client. They would have discovered quite easily what we have
obtained from a few simple searches. We can't answer this question, and
nor will we state that any negligence has taken place. We do however
remain totally perplexed that this appears to be the case.
NOT GOOD ENOUGH MR LIVA! and NOT GOOD ENOUGH MR DELANEY
Explanations are required.
Background:
April 16, 2012
Evidence is emerging that a "Dr Peter
Liva", real name Pierino John Liva, may be a scammer who, through his
current company Facultus Pty Ltd, charges large up-front fees for loans
that never settle.
Wikifrauds has been gathering a considerable file on this
person for several months now, and
will expose all in coming
days,
including his past companies, credit reports, supposed overseas held
loan funds, and much more. One of the claims we are checking is a
supposed US$800 million credit facility held by Liva with ING. How this
can ever be possible or plausible cannot be explained given his credit
background and work history in Australia. A person with numerous
credit defaults and who was just a
curtain salesman in 2002, now has US$800 million at his disposal!
What rubbish, but that's what he claims to have access to.
We have been approached by one of his clients who has been given
nothing but excuses for many months, and numerous settlement dates that
have come and gone. And despite many attempts to have Liva provide
evidence of these funds being transferred to Australia by ING in
Brussels, where Liva has supposedly been for the last five weeks or
so, he has failed to do so leaving his client in a very bad situation.
A little digging around has also revealed that Liva may have
duped a
number of would-be borrowers in Adelaide. We will also publish details
on this shortly, along with information on a
last
minute settlement at
the steps of the Supreme Court in winding up proceedings issued by
Melbourne law firm Evans Ellis against Liva and Facultus, for
non-payment of fees relating to mortgage documents for several of
Liva's clients for whom loan settlements have never eventuated.
We are also interested in the role played by law firm, O'Neills Law.
Joe O'Neill and Graeme Delaney have acted for Liva
going back over a year. They claim that their instructions from Liva
include the preparation of loan documents for Liva's clients. Not one
loan has been settled as yet, so one
has to ask the question of just when do the bells ring the alarm for a
law firm knowing that their client has continually failed to deliver
and not provided any proof of funds.
Have they exercised their duty of care to the
wider public as officers of the
Courts and undertaken any due diligence on Liva, or have they
just taken fees for a year or so and acted negligently in continuing
to take instructions from Liva? Law firms sometimes forget that their
first duty is to the Courts of the land and not their clients. It may
well turn out that this firm could be the subject of claims against
their professional indemnity insurer, Law Cover.
See
Correspondence.
Over the last week or so we have sought verification from O'Neills Law
relating to the transfer of loan funds from ING Brussells to Australia.
We advised them that Liva should provide some acceptable evidence that
this matter is progressing. All we received was a letter addressesd "To
Whom It May Concern" from Liva's agent, Island Pacific
Corporation's James Dickson. There was no 'forensic' evidence of any
transfer detail whatsoever as we have repeatedly requested, just a
claim that the money is coming. In light of this and the subsequence
silence
again
from O'Neill's Greame Delaney when we sought further satisfatcory
evidence, we have now published this webpage to warn others.
Warning: Peter
Liva and Facultus is either a total fraud, or at the very least the
most incompetent outfit we have come across in recent
months.
Continued delays, excuses and a lack of clear evidence point towards
misrepresentation and fraud.
If Liva is a legitimate businessman, he would keep his clients posted
instead of offering all kinds of excuses. He has failed miserably to do
so, and on that count alone he should be avoided.
Meantime borrowers and brokers alike are advised to take a wide detour
around this outfit, and not to engage Facultus or pay any fees
whatsoever
without first consulting a very good lawyer.
We will update this information as soon as we can, however we welcome
any input from anyone who has further information they might like to
share with us in total confidence, particularly if you are a victim, or
know of any other victims.
Proof of funds documents:
Wikifrauds has obtained a so-called "proof of funds" document, which
appears to be one manufactured on an ING letterhead. It is in French,
so we have had it translated. Click to view
original and here for the
translation.
Liva's Credit File and Work
History:
Credit
History:
Obtained from Veda
Advantage as results of a Multi-Power Express search on Facultus Pty
Ltd.
Pierino John Liva, D.O.B. 31 October, 1966, Werribee
Victoria.
Current Address: 12 Winterhaven Key, Broadbeach Waters QLD 4218
(The Gold Coast)
Court Judgements: 19/4/2011 Creditor SOVEREIGN
PROPERTIES
PTY LTD
Magistrates Court Judgement $7015
24/6/2008 Creditor TOWNHOUSE REMOVALS AND STORAGE PTY LTD Local
Court
Judgement
$1674
26/3/2007 Creditor CHRISTOPHER MARK
STANLEY
Local Court
Judgement
$4789
23/2/2007 Creditor UNIQUE LOANS PTY
LTD
Local Court
Judgement
$9380
Facultus Pty Ltd
Court Judgement: 24/8/2011 Creditor SENSIS PTY
LTD
Magistrates Court Judgement $36327
Court Action -
Current Creditor CHRISTOPHER JOHN CLARKE To be heard
July 4 Supreme Court
Victoria est
$43000
With an alleged amount of $800 million available for Liva to lend, we
wonder how this could be possible given this history above. The source
of these funds, if they do exist at all, is a completely baffling
mystery. Who would provide this sort of money to anyone with this
history?
Work
History:
Start: Mar 1987
Director
Talia Property Investment Pty
Ltd
Deregistered Sep
1987
Start: April 1988
Director/Secretary Multilec Services Pty
Ltd
Derigistered Jun 1993
Start: May 1996
Director/Secretary Livacomp Pty
Ltd
Deregistered Mar 2004
Start: Aug 1987
Director/Secretary Cantala Pty
Ltd
Deregistered Dec
1992
Start: Jun 1997
Director/Secretary
Brewco Holdings Pty Ltd
Deregistered Jun 1998
Start: Mar 1987
Director
Bromac Investments Pty
Ltd
Deregistered Sep
1997
Start: Jun 2000
Director/Secretary Premier Focus Pty Ltd
Deregistered Dec 2005
Start: Jan 2004
Director/Secretary Corplink Services Pty
Ltd
Deregistered Jul 2007
Start:
May 2002 Sales
Consultant ANM
Curtains
(The above companies all registered in Victoria at Werribee, Eltham and
Hillside. From this it can be deduced that Liva had a "Sea
change" and moved to the Gold Coast in Queensland where he commenced
further business operations)
Start: June 2009
Director/Secretary Facultus Pty Ltd
Registered
ASIC EXTRACT
Charges:
ASIC Charge Number
2061936
Charge Status Satisfied
Date
Registered
13-Oct-2010 Time
registered 12:46:00
Charge
type
Both Fixed & Floating
Date
created
10-Sep-2010
Chargee
EMPARO ENTERPRISES PTY LTD
Emparo Enterprises is a real estate and financial
services brokerage company owned by Jarrod Emparo Tuendemann, and is
based in Adelaide. It is our uderstanding that Emparo began providing
clients to Liva about two years ago. None were ever settled and fees
taken were refunded to clients by Emparo, and that Liva owes Emparo
several hundred thousand dollars as a consequence of Facultus not
refunding the fees to Emparo's clients.
Relational Search result:
Liva Holdings Pty Ltd
Name:
Austen, Paula Regina
Former Name: Liva, Paula Regina
Role: Sole Director
Start date: 15-Nov-1989
Liva's
title "Doctor".
The following is an extract from an email we sent to Mr Liva late April
23. We have had no reply to this email, and in fact we sought answers
from the five main universities in Victoria where it would be
reasonable to assume that Liva would have obtained his so-called
doctorate. None of them have ever conferred any such doctorate on Liva.
We are also aware that others have asked the same question and likewise
have had no reply. We therefore assume, in the absence of any rebuttal
from Liva to anybody who has asked this question, that he holds no
recognised doctorate - but it looks good and helps with credibility.
By the way "Doctor" Liva, perhaps you might like
to advise us of: A) What was the subject course of your doctorate, and
B) Which university conferred your doctorate and when. The least you
can do is answer these few simple questions as it has been alleged
that you do not hold a PHD at all and that the use of the title
"Doctor" is a plain fake. If these allegations are false, we will
happily publish the facts to support your use of this title. If
you decide not to provide answers to these particular questions, we
will have to assume that the allegations are correct and publish this
on the webpage also"
Correspondence
with O'Neills Law:
April 11, 2012: Wikifrauds to O'Neills
"Dear Sirs,
You may
wish to comment on the attached unpublished webpage. It is scheduled to
be
published on this website within the next day or so, depending on Liva
replying
to a previous email we sent to him last Thursday, and depending on
information
you may wish to advise us of.
We do not
publish lightly and have given Liva time to provide us evidence of the
alleged
loan funds transfer from ING, but he has failed to reply. Publication
of
articles about alleged scams on this website usually A) draw out more
victims,
and B), are followed up by rigorous investigations by several
enforcement
agencies with whom we share information. Further, publication also
leads
inevitably to the destruction of the 'scammer's' business and Facultus
Pty Ltd
will probably finish up the same way.
In
the
interests of giving people a right to reply and comment, we are
affording you
this brief window of time to explain the current situation. Should you
choose
not to contact us, then the webpage in its current format (and
content), will
be published, and that certain and inexorable police investigations
will
follow, as we will furnish them with a lot more detail than is depicted
on the
webpage.
We might
add that Wikifrauds has a huge audience both here in Australia
and overseas, and since
our inception in February last year, we have averaged around 10,000
hits per
month. The Facultus story will not go un-noticed, and our excellent
contacts
with senior investigative journalists such as Kate McClymont at the Sydney Morning Herald and
Hedley Thomas
at The Australian,
will ensure
that this fiasco gets some prominence in the news.
Editor,
Wikifrauds"
April 11, 2012: O'Neills to Wikifrauds:
"Dear
Sir,
I refer to
your e-mail received this morning which I have referred on to Mr. Liva
who has
responded to you. On behalf of this firm, let me say that the content
of your proposed
publication is far removed from the truth. Whilst it is correct that we
have
accepted instructions from Mr. Liva and his company to assist with the
international transfer of funds to our trust account, we have not been
involved
in inviting, accepting or processing any loan applications. Our role is
as
outlined above as well as to act in the preparation of relevant
security
documents for any loans our client directs once the funds have arrived
in our
trust account.
We have
acted in this role for the past 12 months and will continue to do so.
We have
at all times sought to have our instructions validated within the
allowable
confines of the confidentiality associated with the transaction. We
have also
had confirmation of the available funds from respected attorneys in the
host
country as well as direct communication with the source funder's
representatives. An independent internationally experienced merchant
banker
recently travelled to the host country, firstly alone and then in the
company
of our client and he has confirmed the legitimacy of the transaction.
We have
that in writing.
We have
attempted to keep all parties informed of progress which unfortunately
has been
slow. Obviously, these delays have disappointed and frustrated many
individuals,
but to label it a "fraud" is inviting an appropriate legal response
in the form of defamation proceedings, if not from our client, then
definitely
from this firm should you go ahead with publication as intimated and in
the
form proposed.
I would
strongly suggest you allow our client to allay your allegations. Please
contact
the writer prior to publishing your material if it is still your
intention to
do so.
Yours
faithfully"
Graeme
Delaney
O'Neills
Law
9/11
Pearl Street, (P O Box 1412)
Kingscliff NSW 2487
Ph:
02 6674 4888
Fax: 02
6674 4388
April 11, 2012: Wikifrauds to O'Neills
"Dear Mr
Delaney
Thank you
for your response. I copied you on our reply to Mr Liva.
To
reiterate, all we want is to be able to satisfy one of Liva's clients
that all
is well, and this satisfaction will not be attained by merely stating
that 'all
is well'. The client wants and quite reasonably expects, after all
the
deferred settlement dates, vague promises and un-kept advices on
progress,
something more tangible than just another unsupported statement that
the funds
have arrived and so on.
Our instructions
are that we seek documented evidence that the transfer of
funds to Australia
has
taken place, whether or not they have found their way into your trust
account.
Without documented evidence, the only conclusion that can be drawn from
these
circumstances is that the whole show is a fake. The client has had
nothing but
repeatedly broken promises and very lengthy deferrals of
settlement
accompanied by new excuses each time. If nothing else, your client has
acted in
a most unprofessional manner in his communications with his client(s)
and we
cannot disagree with the client's aggrieved posture.
Therefore,
in the interests of having this matter disposed of without publishing
the
webpage, we seek from you or your client irrefutable documented
evidence
of the transfer of funds, or failing that, provision of details of the
overseas
host country's attorneys details and those of the independent merchant
banker
in order that we might obtain written confirmations from them.
The
evidence we are seeking should be in your client's hands and readily
obtained
to be provided to us. And please don't go down the road of commercial
confidentiality. Wikifrauds observes and prides itself on maintaining
commercial privacy and all documents supplied to us remain
confidential. We are
all about looking after the victims of fraud and exposing scammers when
we have
sufficient evidence to do so. We are not about destroying legitimate
business
enterprises on the whimsical cries of just one client, and we
methodically
undertake extensive searches and investigations before we take up a
'cause'.
As part of
the investigation on behalf of Liva's client, we have been able to
identify a
number of others in the same situation including those who were the
subject of
the Evans Ellis wind up proceedings against Liva, and we have also
uncovered
details of an Adelaide broker who has had similar experiences going
back a
couple of years. We therefore quite understandably have formed a
preliminary
view on your client that all is not and has not been well.
It is
our position that you can best assist your client and his clients
by
presenting the documented evidence we are seeking without delay, or we
will
have a compelling reason to publish the webpage and notify both the
relevant
authorities and the press. You may
be also interested to know that our own lawyers have looked at the
proposed webpage and given us a green light to publish.We certainly
hope that we do not need to do so.
Sincerely EditorWikifrauds"
April 12,
2012: O'Neills to Wikifrauds:
Dear Sir,
I refer
to our communications yesterday and attach confirmation of proof of
funds by our client's engaged managers. (See
document)
This has been forwarded on my client's
instructions and its contents are self-explanatory. Further to that, I
received
advice overnight that the European Bank is readying the
funds
transfer to occur between the 13th and 17th of April. This should see
the
funds arrive in our trust account by the end of next week.
I will
be advised when that transfer is triggered and will confirm with you
when that occurs. Please undertake not to do anything further until
that time.
Yours faithfully
Graeme Delaney
April 12, 2012: Wikifrauds to O'Neills:
"Dear Mr
Delaney
Thank you for your reply.
I can hardly accept the attachment
as 'proof of funds". It is merely yet another
statement of circumstances, this time as portrayed by Liva's "engaged
managers".
Our definition of proof of funds
means some document or documents or correspondence
from a bank. What has been supplied is not proof by any stretch of
imagination.
Your client must hold some documented evidence of receipts, deposits,
letters
of credit, or correspondence which is acceptable as proof of funds
or
transactions underway. The letter from Island Pacific Corporation is
just more
smoke with nothing tangible to hang anyone's hats on. You are a lawyer and
should know that this is not evidence of
funds.
Again, please obtain and provide
some 'forensic' proof(s) as requested. I will
withhold publication for one more day only.
Editor, Wikifrauds"
April 12, 2012: O'Neills to Wikifrauds:
"Dear
Sir,
You requested details of the party that travelled to Europe
to validate the transaction. That is why my client authorised me to
send that to you. As I
said,
I will receive confirmation once the funds are dispatched. That will be
the irrefutable evidence of the transaction. You will be supplied with
that as soon as I have received it.
Regards, Graeme Delaney"
April 12, 2012: Wikifrauds to O'Neills:
Thank you again Mr Delaney By copy
of this email to Liva, I am again requesting more
evidence than just a statement that funds will be arriving. My client
has heard all this before and it appears to be nothing more than a
further claim that the money is forthcoming.
Mr Liva must be in
possession of some documentation and detail of the supposed transaction
with ING. Anything other than copies of such is just merely a statement
again and does not constitute real proof of funds or real proof a the
transfer transaction allegedly on foot. Would Mr
Liva kindly furnish the detail we want. It must exist, and I cannot
understand why all parties to this matter seem unwilling to provide the
evidence supporting the claims. This whole problem for both my client
and all of you will go away within minutes of our receipt of plausible
copies of such evidence. Surely it can't be too difficult to provide
such information so we can all get on with our lives, with the alarm
bells having fallen silent.
Again, unless this more than reasonable request is acceded to promptly,
the assumption will be that this is a scam and the webpage will be
published
forthwith.
Editor, Wikifrauds
No response so the following email sent:
April 16, 2012: Wikifrauds to O'Neills:
(Copied to Liva)
Since no reply has
been forthcoming with any detail as requested, the webpage is now live.
Our next move will be that unless we receive the evidence requested by
close of business Tuesday April 17, our complete file and all our
extensive research will be sent to our contacts at the AFP, NSW and QLD
Fraud Squads
and ASIC. We will also be briefing our press friends. You have had
ample opportunity to provide more than just claims that the money is
coming. We want documented evidence of the transfer being in progress
and nothing less. If you provide this, the webpage will be removed.
Failing that, it stays and the police are called in.
Editor, Wikifrauds
April 17, 2012: O'Neills to Wikifrauds:
Further to my below
advice, I would point out that "close of business" 17th April in Europe
is 3.00am Wednesday, 18th April our time.
Graeme Delaney.
-----Original
Message-----
From: Graeme
Delaney [mailto:gdelaney@oneillslaw.com.au]
Sent: Tuesday,
17 April 2012 9:07 AM
To:
'Investigator1'
Subject: RE:
Message from "RNP002673348710"
Dear Sir,
We refer to
your latest e-mail advice below. I explained our role in my response to
you last week. You have ignored that advice. Unless the reference to
this firm and the individual solicitors is removed from your webpage by
the close of business today, immediate and appropriate preventative and
remedial action (injunction and defamation) will be immediately
instituted without further reference to you.
Regards,
Graeme Delaney.
Email Wikifrauds to Delaney April 20: (Wikifrauds questions
were returned in red as below)
"Dear Mr
Delaney
See comment
inserted in red
below.
-----
Original Message -----
From:
"Graeme Delaney" <gdelaney@oneillslaw.com.au>
To:
"Investigator1" <investigator1@wikifrauds.net>
Cc:
"Peter Liva" <peter@facultus.com>; "james dickson" <james@islandpaccorp.com>
Sent:
Thursday, April 12, 2012 11:13 AM
Subject:
FW: Message from "RNP002673348710"
Dear Sir,
I refer
to our communications yesterday and attach confirmation of proof
of
funds by our client's engaged managers. This has been forwarded on my
client's
instructions and its contents are self-explanatory. Further to
that, I
received advice overnight that the European Bank is readying the
funds
transfer to occur between the 13th and 17th of April. This should
see the funds arrive in our trust account by the end of next week.
It is now the
20th. I presume since we have received no
confirmation, you have not seen
the so often promised funds. !! What are we
supposed to believe other than this is a total scam. Your client
hasn't provided a single document to support his claims and neither
has Mr Dickson. The matter is
going to be referred to the police (State and
Federal), ASIC and the
Legal Services Commissioner on Monday next unless we receive some
concrete evidence as has been repeatedly requested.
I will be advised
when that transfer is triggered and will confirm with
you
when that occurs. Please undertake not to do anything further until
that time.
Yours faithfully, Graeme
Delaney
Xxxxxx
Email correspondence:
Email to Xxxxxx April 17:
"Dear Xxxxxx,
Thank you again for
your response. Whilst I understand the
'confidentiality's of your arrangements, I can also assure you of the
total
confidence that will be kept should you decide to provide that
documented
evidence we have been seeking.
Since
Wikifrauds began just over a year ago, we have received hundreds of
confidential documents from people who have expressed their wish to
remain
anonymous for many reasons. They have disclosed their identities to us
but we
have never disclosed anything that has been the subject of confidences,
nor
have we ever disclosed the identities of the numerous victims of the
frauds we
have dealt with.
I
can without equivocation or reservation of any kind guarantee not to
disclose
any documents you might provide. We just need to satisfy ourselves that
this is
not another big scam, and upon our acceptance of any such proofs, our
client
will accept our own assurances that the platform has been verified to
our
satisfaction. The client will not be provided with any
documents you may
choose to furnish, nor will we retain such documents in our files.
You
will have to trust us on this matter, as we have no alternative way to
reassure
our client. As it currently stands, this deal displays all the
well-recognized
hallmarks of a scam, and only by providing the evidence we are seeking
can this
problem be resolved. If
necessary we are prepared to meet and sight the documents without you
handing
us copies. Please advise if you wish to avail yourselves of this offer.
Sincerely, Editor,
Wikifrauds."
Email Xxxxxx to Wikifrauds April 20:
"Good morning
I have requested from my associates in Frankfurt
to send me an updated document from the Ministry of Justice showing the
details
of the business in question, once I have received this I will contact
you and
arrange to meet and discuss.
Sincerely Xxxxx"
________________________________________________________________________________________________________________________
The Liva photo album.
Liva
and his former wife, taken in 2010 while he was supposedly in
Brussels, telling investors he was flat broke.
Entertaining
in the multi-million dollar palatial mansion on the prime Gold Coast
canal waterways. Turns out that it was rented and used as part of his
con-game to impress would-be investors of his successful business
dealings.
______________________________________________________________________________________________________________________
Victim's
Documents: Watch this space, we will shortly be publishing
documented evidence from Liva's victims.
_______________________________________________________________________________________________________________________
Liva's suspected co-conspirators: We haven't quite finally
sorted out yet the "who's who" in Liva's inner circle, however the
following are enmeshed in this sordid business and we will determine
their roles in coming days:
Dr Garner and Patrick Thomas (UK).
Garner holds the key to the alleged $800 million fund.
Mr B. Fischer, ING Bank, Brussels. We
are informed that he is 'cleaning-up' the money in preparation for its
transfer. (However, we have also been informed by ING that this person
does not actually exist!)
We also have strong reasons to believe that Liva has been assisted by a
fellow Queenslander who is close to some of the victims. We hope to
provide evidence of this man's activities over the next few weeks. It
is thought that he received commissions on fees paid to Liva for loans
that were never going to happen. As soon as we have the evidence in
hand we will publish his name.
_______________________________________________________________________________________________________________________
Please click here to contact
us.
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