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)
LATEST, July 4 2021: We discovered this and a few more things about Peter Liva: Vimeo Recording
See also Liva's fake documents
Morgan Tsvangarai, Prime Minister of Zimbabwe Ponzi and up-front Fee Scammer, Peter Liva Liva's Lawyer, Graeme Delaney (link)
. . the supposed holder of US$800 million Hundreds of thousands taken from Australians Supposedly undertook due diligence.
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 Tsvangarai himself.
The Pitch:
The story run by these scammers is, that over time, Zimbabwe Prime Minister Morgan Tsvangarai, 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 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 Tsvangarai withdrawn.
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 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.
Of course, there is always a chance that this story is true, and that Tsvangarai 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 already 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.
Editor, August 30, 2012
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. 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 nominated account in Australia (our trust account).
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
______________________________________________________________________________________________________________________
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.
Sincerely
We questioned Liva about this alarming statement, and he had this to say on June 7:
"XXXXX (name now withheld) has been given an allocation of funds which they will utilise but always through my control.
Not exactly a repudiation of Xxxx'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 Xxxx? 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 Xxxxx 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 Xxxx 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.
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 Supreme Court Victoria $43000
Facultus ordered into liquidation, matter not defended by Liva.
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.
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
Editor,
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
Ph:
02 6674 4888
"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
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
"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 Xxxxxxx 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"
"Dear
Sir,
You requested details of the party that travelled to
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"
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.
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"
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
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
Email to Xxxxx April 17:
"Dear Mr Xxxx,
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
Sincerely
________________________________________________________________________________________________________________________
The Liva photo album.
Liva's backyard on Sovereign Island.. Things are tough! Entertaining in the multi-million dollar palatial mansion on the prime Gold Coast canal waterways.
Some expensive jewellery here, paid for by YOU!
Guests AFL legend Mark "Jacko" Jackson and wife. (Interesting
to note that whilst we certainly do not
allege any 'business' connections with Jackson, Jackson is a
well-known associate of Mark "Chopper" Reid and disgraced former NSW
Detective, Roger Rogerson.)
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!)
_______________________________________________________________________________________________________________________
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