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This is our land, these are our stories

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wm pasz
Post Posted: Mon Jan 05, 2009 10:05 pm

Joined: 29 Jan 2006
Posts: 1219
Location: Toronto
wm pasz

The Internet has made it possible for us to access an incredible range of information through web-based publications and databases. Things you wouldn't be able to find in a million years are now just a few clicks away. In this post I'm going to give you an idea of how Finnamore, now my ally in a hunt for Piggy Evans, and I unearthed a remarkable amount of information about what he was up to using Internet data sources that are available to anyone with a half-decent Internet connection and a bit of tenacity.

While our search concentrated on Internet sources we also found that, once in a while, it was necessary to leave our basements and follow a trail that we picked up on the Net but which led out into the physical world and involved digging additional dirt in more conventional data storage facilities.

Damn! What case was that case that that old guy showed me? The one at the hotel - that was supposed to be sooooo important to me one day? Suddenly I was wracking my brain trying to recall. I knew that it involved HERE Local 75 and the Dirt Bag's old nemesis Jean Guy Belanger but I didn’t have a clue about the citation or even the year in which it was issued. I spent hours and hours pouring over legal journal indexes in a law library looking for cases that sounded that they could be the one. Eventually I found it – and and a few others – that provided a some basic information and a starting point for the mother of all google searches.

Today it would take all of about 30 seconds to locate these decisions using an online legal database like Lexis Nexis or similar. These databases are accessible for a fee but you may be able to get free access through a law school library or law office (if you now someone in the business). I spent hours painstakingly combing through legal journals the old school way but it was worth the effort.

• HERE Local 75 v. Westbury Howard Johnson Hotel

• HERE Local 75 v. Accomodex Franchise Management

• Michael McDougal v. HERE, Local 75

• Stamos v. Belanger

• Belanger v. TUAC

(The Belanger case was a special example of what is possible with the miracle of the Internet - originally in French, I was able to translate it with the help of an online translation service.)

When taken together, all of these decisions answered a lot of questions and raised many more. They sure painted a certain picture.:

By the early 1990's Piggy wanted the UFCW to get into the hotel industry in a big way. His secret pact with the disgraced former leader of HERE Local 75 (described in Belanger v. TUAC) was a brazenly underhanded move to take over workers at large Toronto hotels that had been part of HERE's turf for decades. Belanger v. TUAC explained Belanger's reckless attempt to break away from the HERE union in 1993 (described in the Westbury and Stamos decisions) and confirmed my suspicions as to why he was working out of the UFCW's Canadian headquarters in 1995.

The use of a UFCW training and education fund to pump $600,000 of workers' money directly into Belanger's pockets also showed the lengths to which the UFCW and its leader (Piggy's nephew, Michael J.) were prepared to go to finance these covert operations.

From the Accomodex and McDougal decisions it was clear that in 1992 Piggy – in his capacity as Chairman of the investment committee of the CCWIPP (Canadian Commercial Workers Industry Pension Plan) - facilitated loans

totaling $15 million dollars to help some guy named Ron Kelly buy a bankrupt hotel in suburban Toronto.

The hotel, previously known as The Triumph, went bankrupt and closed its doors in the summer of 1991. Ron Kelly's company, Kelloryn, bought it out of bankruptcy for just over $9 million a year later in August 1992.

The millions were funneled from the pension fund to Kelloryn, through two investment corporations called I.F. Propco 14 (which loaned Kelloryn $7 million in October 1992 and I.F. Propco 16 (which coughed up another $8 million in May 1993).

Quote:
That's $15 million by my math Agent Mulder. But Kelly only paid $9 million for the fleabag. What was the other $6 million for? Closing costs?


Among the Directors of the two Propco corporations were Evans (who was also Chairman of the pension fund's Investment Committee) Alex Ahee (a Toronto labour lawyer who did work for the pension fund), Howard Preston (a member of the Investment Committee and pension fund Trustee), Bernard Christophe (a pension fund Trustee and President of UFCW Local 832 in Manitoba who was very cozy with Evans) and Victor Pinchin, (pension trustee and senior executive of Safeway Corporation).

Among the directors of the Kelloryn company were some of the Propco characters including Evans, Ahee and Preston and some guy named Edward McConnell who was an investment advisor to the pension fund.

The two Propco companies were major shareholders in Kelloryn (holding 70,000 shares in Kelloryn while Kelly held 30,000).

Quote:
So basically, the pension fund owns the hotel and is financing it. That's what this looks like to me. On the surface it looks like they're lending money to some other company but it's really the same crew of guys who own the hotel and the companies flowing the money to the hotel. This sounds pretty fucked up to me.


Whatever Kelloryn did with all these millions, the pension moolah also bought some new members for the UFCW. A month after the first loan was made, Kelloryn signed off a voluntary recognition agreement with the UFCW, making it the union for the workers who would soon be hired to work at the hotel which reopened in December as the Howard Johnson Plaza Yorkdale. It seemed like a lot of fuss by a lot of high powered guys to help some shmuck buy a hotel on their nickel. But it was only the beginning.

Wanting to learn more about the hotel's history, I headed over to the Land Titles office one day to see what I might find. Land Titles records contain information about previous ownesr, mortgages and liens, foreclosures and the dates of which various transactions took place. You can also look up actual mortgage and other documents that have been filed with the office about a specific property.
The past was just as intriguing as the present at the Triumph hotel (which will turn up again and again throughout this story).

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I was at Land Titles today searching the Keele Street hotel. Crap, wait'll you hear this: When the place went bankrupt in 91 it was heavily indebted to a company called Castor Holdings. Here's the lowdown on them: http://www.cbc.ca/news/story/2000/04/08/castor000408.html . This alternative media site http://web2.uwindsor.ca/flipside/vol3/apr00/00ap12b.htm says the guy who ran this financial empire robbed the Chrysler employee pension plan. Read the two articles and
you'll see how he did it. This why the Triumph went bankrupt. It wasn't the recession. It was part of Stolzenberg's mega-fraud scheme.

And there's something else too. You remember those two Propco companies that loaned Kelly $15 million when he bought the hotel? We thought it was kind of weird that he got a loan of $7 million in October 92 and another $8 million in May 93, even though he only paid $9 million for the place. Well this is even stranger still.

According to Land Titles records, the day Kelly bought the hotel he borrowed $7 million from Propco 14 and $7 million from the CIBC Bank. This is the first time that I've heard of this loan. On May 23, 1993 he paid off the CIBC loan and borrowed $8 million from Propco 16. What the hell was that about? The first loan should have been sufficient to buy the place (if you recall, he told the Toronto Sun that, "He risked everything -- his life savings, his inheritance, his condo. Family matched his $200,000 stake and he pulled together financing from banks and pension funds." I don’t think he would have needed another $7 million to close the deal or even to cover his initial operating costs. What was the other $7 mil for? I wonder if he was using it to some other purposes and putting the hotel up as collateral. But since the place was only worth about $9 million (maybe a bit more as a going concern) the value of the loans ($15 million) would have far exceeded the value of the property. This just gets stranger and stranger.


I was curious about the numbers, 14 and 16, in the two companies' names as this implied that there might be at least 16 of these I.F. Propco investment corporations. So off to the corporate records office I went where, to my surprise, a searchable electronic database told me that there were no less than 50 Propcos in Ontario alone.

A search of the directors and officers of these Propcos revealed the same names: Evansand some other guys from the pension fund’s board of trustees. Now why would a pension fund have all these little investment corporations? I wondered if the other Propcos where also pumping money into other hotels.

The answer came quickly, through a search of online newspaper archives, primarily the Toronto Star, Toronto Sun, Hamilton Spectator and Ottawa Citizen – all fully searchable online with full text articles available for a small fee.

Based on archived newspaper articles, I learned that Kelloryn had launched an empire of derelict hotels financed through many millions in loans from the CCWIPP pension fund. During 1993 and 1994 a total of seven bankrupt or "financially troubled" properties were purchased in various Canadian cities. Six were in Ontario (in Ottawa, Hamilton, North Bay, Aurora, Windsor and Morrisburg) and one in Edmonton, Alberta.

In each case the UFCW acquired the workers at the hotel – essentially buying members with the pension money of other members. The newspaper articles lauded Ron Kelly, calling him a real estate tycoon come to rescue local economies by creating jobs and attracting business.
Who was this guy anyway? A keyword search of Toronto Sun archives turned up some disturbing shit about Kelly's past.

Quote:
You're not going to believe this but I dug up some shit on Ron Kelly. Get this – he's a former Catholic priest and convicted pedophile. Back in 1979 he copped to 10 counts of molesting young boys in a small town in Newfoundland where he was the parish priest.

He got a suspended sentence and was shipped off by the church to Toronto, where he quickly rose through the ranks of the Archdiocese becoming the Minister in charge of "temporal affairs" (I think that means "affairs of this earth" – good gig for a friggin' pervert). He bailed out of the priesthood abruptly in 1989 after his name came up in the Mount Cashel enquiry into sexual abuse of kids by Catholic clergy on the east coast.

There's a book by Michael Harris (he writes for the Ottawa Sun) about the Mt. Cashel horror. I got a copy from amazon.com and there's as whole chapter devoted to Father Ronnie. I'll copy and email it to you but here's a snip that kind of tells the story:

After talking to the first complainant, who had been fourteen when the priest sexually assaulted him, the RCMP investigators also realized that in all probability one of Father Kelly's favourite community pursuits was young boys. Sitting alone with these boys in their squad car, LeBreton and Urquhart listened in disbelief as a parade of Father Kelly's male victims described their sexual encounters with the often drunken priest.

One sixteen-year-old described how Father Kelly had called his house at 4 a.m. in the fall of 1978 summoning him to the rectory. When he arrived, Kelly who had already been drinking gave his young guest two glasses of rum before taking him upstairs, ostensibly to watch television. Dragging the boy to the bed, the priest tried to put his hand into his reluctant companion's pants. Unsuccessful, Kelly then groped at the boy's privates through his jeans, exclaiming rather quixotically, "I do not love that, but I love your heart."

Another boy told police about an incident that had taken place during De Grau's annual Garden Party in August 1978. The boy was sent home by his parents for fighting. A little while later, Father Kelly showed up and got into bed with him. Almost immediately, the priest tried to force his hand into the boy's pants. Kelly's own pants were undone and he thrust his exposed penis near the face of his prone companion. The boy pretended to be asleep, and half an hour later Father Kelly got up and left. When the boy later told a friend what had happened, he was advised not to repeat the story to anyone, "because a Priest is a high man" and no one would believe him.

A fifteen-year-old who had been with Father Kelly on at least three separate occasions told police that he and the priest had performed mutual fellatio in the rectory, after which the boy was given five dollars. On one of these occasions, Father Kelly showed no signs of having been drinking.

Perhaps the strangest case involved a young boy who had been sexually assaulted by Father Kelly on a number of occasions with the inadvertent blessing of his mother. After showing up drunk at the boy's home one night, Father Kelly was put to bed by the lady of the house. The priest then asked that her thirteen-year-old son be sent to sleep with him. His hostess obliged, and no sooner had the boy got into bed with the priest than Kelly began fondling his genitals. Kelly told the boy how much he loved him and how much money he had in the bank and that it was the anniversary of his entering the priesthood - all the while continuing his unwelcome stroking.

On another occasion, the same boy was awakened at three or four o'clock in the morning by muffled conversation between his family and Father Kelly. The priest presently appeared in the bedroom, and although the boy's mother tried to convince him to sleep in another room, he climbed into the lower bunkbed with the thirteen-year-old and immediately began fondling the boy after his hostess left. Father Kelly also asked his companion's brother, who was sleeping in the upper bunkbed, to join them; he then lay between the two boys fondling their privates and talking to them. On his way out of the house, he gave one of the boys ten dollars.

A few months later, the same two boys watched in growing apprehension as Father Kelly and their parents played cards late into the night. The priest drank steadily from a bottle of Bacardi rum. When their mother sent them to bed at 4:30 A.M., the boys pushed their bed up against the door so the priest couldn't get into their room. But their sleep was soon disturbed by someone banging on the bedroom door. The frightened boys then heard their mother's voice telling them to let the priest in.

After Kelly had gotten under the covers with them, one of the boys got up and, putting on his jeans, told the priest he had to use the washroom. When he returned, he left his Jeans on and purposely lay on top of the covers because Father
Kelly was under the blankets, wide awake and waiting for him. Despite his precautions, the young boy soon felt the priest groping at his privates and telling him, "I don't care what's below, it's what's in your heart that counts."

Unholy Orders: Tragedy at Mount Cashel, Michael Harris, 1991


OK, so somebody tell me what it is that these union pension trustees are doing pimping their members out to this deviant freak?!!!


In little more than a year, Kelly had reinvented himself as a real estate tycoon – thanks to a lot of help from the pension plan. According to other archived news stories by 1997 his empire was worth about $500 million. He lived in a palatial estate north of Toronto. Through a company called RHK Capital, he had purchased apartment buildings, office complexes, shopping malls and a hotel (the British Colonial) in the Bahamas (wow – this must have been the hotel my lunch date told me about!). According to the media articles, Ronnie was making out like a bandit. I wondered how the pension plan members were doing – and if all those other 50 or so Propco companies were involved in these types of investments. The answer to that would come later but you may have a pretty good idea already of what it was.

Evans and Father Ron also teamed up on another venture called Accomodex Franchise Management, a company that provided management services to Father Ron's hotels. A Google search using the terms Accommodex and Kelloryn turned up another business – AFM Hospitality Corporation. A Google search of AFM turned up its web site . Under the slogan "Opportunity Knocks" was a series of annual reports spanning the period 1996 through 1999. They were fascinating:

By the mid-1990's AFM had acquired – through buying out Kelloryn's shares - the hotels that Kelloryn bought a couple of years earlier and was in the process of selling them off. Guess who was keeping AFM afloat financially? The CCWIPP pension plan was its major shareholder.

AFM was both a hotel "franchisor" – offering hotel operators the right to use the use the names of several well known hotel chains (Howard Johnson, Ramada and a few others) but also provided various services to its hotels. These included human resources management, financial management and supplies ranging from linens to furnishing to pay phones.

AFM's Board of Directors' included, at various points in time, UFCW Canadian Director (and Piggy's nephew) Michael J. Fraser and Wayne Hanley (President of the large local 175 also closely connected to the Evans clan) and a Eugene Fraser (another nephew of Evans’). Both of them received a $10,000 annual director's fee and $700 for each meeting they attended.

Quote:
It seems to me that the UFCW wanted badly to get into the hotel industry. This is strange in that among unions, hotels have always been HERE's turf. The covert attempt to "raid" HERE's Toronto hotels by hooking up with disaffected JG Belanger and his crew was pretty sleazy and underhanded even by Piggy Evans’ standards. But if it was only more members that he wanted, that would have been one thing. You could just say the UFCW went way over the line but it was just to snafu some members. But their propping up this AFM company is really baffling. Why would they want to finance a company that gives HR advice to innkeeper? And why would the union care where these hotels get their bed sheets from? You know, from a certain angle it looks as if Evans – through his influence with the pension plan trustees and within the UFCW – is setting up a certain business model here: One where the same group of guys get into an
industry, control the labour, control the suppliers, control everything. I've read about this model and it's pretty scary.


AFM was heavily in debt to the pension plan. The company had posted multi-million dollar losses each year since 1996 (the earliest annual report that was accessibly online). Here's a snip from its annual report for 1997:

Quote:
For the year ended December 31, 1997, the net loss for the year was $5,761,000 or $1.80 per share. This compares with a loss of $5,928,000 or $2.09 per share during 1996. The 1997 loss was after a series of restructuring charges that total $1,193,000. In addition we have written down the remaining hotel assets by $1,096,000 to levels that we believe will be realized on the sale of the properties. Total Company revenues were $16,509,000 in 1997 down from $18,467,000 in 1996, due to the sale of company owned hotels.

While no one can be pleased or satisfied with the results of the past year, I am confident that the Company’s worst days are behind and definite steps have been taken to turn around the Company’s fortune and put it on the road to recovery.

Liquidity and Capital Resources
To date, the Company has been unable to obtain significant levels of traditional bank financing for its acquisitions. Financial support from Rushlake Hotels (U.S.A), Inc., access to capital from a pension fund that is a major shareholder and capital lease financing has allowed the Company to reach its current stage of development.

Long-term debt, of $24,058,000 at December 31, 1997, includes $10,712,000 of hotel mortgages, $12,308,000 in secured loans, $288,000 in capital leases and $750,000 in preferred shares. The mortgages generally have concessionary interest rates which are designed to allow each hotel time to improve its operations and occupancy rates to a level sufficient to support normal payment terms. For accounting purposes, the mortgages on the individual hotel properties have been discounted to fair market value using market rates of interest at their respective dates of acquisition. The carrying values of the related hotel properties have been reduced by an equivalent amount.
While the past year has been a difficult one for our shareholders and employees, we have emerged as a stronger Company.


This was very perplexing.

Quote:
What are they doing pouring money into this dog? And hey, how do you spell conflict of interest? AFM provides "human resource development" to hotels, including hotels where UFCW members work. So how the hell does Wayne Hanley direct a company that looks after HR at hotels where UFCW members work? Only a twit like Wayne-boy would miss the conflict of interest in this.


But it got better. A media release issued in October 2000 announced a "debt to equity conversion" whereby the pension plan – through I.F. Propco 23 – had agreed to forgive $2 million worth of debt and purchase $2 million worth of AFM shares, giving it $2 million to add to its bottom line. This was the equivalent of your credit card company agreeing to forgive your $10,000 debt and give you $10, 000 to play with.

But there was even more to come. Further Google searches using an expanded range of search terms that now included "Propco", RHK Capital, CCWIPP, AFM, Bahamas, added to the now rapidly growing web of cash pipelines flowing big dollars out of the pension plan.

Through Google searches we learned that Propco financing was involved in enterprises as diverse as a shrimp processing plant in a remote village in Newfoundland (another RHK venture), some building lots in Oyster Cove on Vancouver Island, development land in Brampton, Ontario, shopping malls in Ottawa and London, Ontario (according to online reports, the pension fund had just bought these two malls back from RHK at a heft profit – to RHK). There seemed to be no end.

Quote:
It's like every time you look under a rock, you find a slug.

In the Bahamas, there were two RHK properties: In 1998, RHK bought both the British Colonial Hotel (for $40 million) and a resort called the South Ocean Golf and Beach Resort (for $18 million) . The South Ocean property sounded like another deadbeat hotel. An online business article described it's 25 year history as having been "fraught with failure". Other articles said that major renovations were planned for both properties.

We wondered if the pension plan was putting up the cash for this high-risk adventure as well. I wondered if this was the resort that my indiscreet union rep friend had enthused about over lunch.

Google and ye shall find - and we did.

TBC

_________________
Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X

Last edited by wm pasz on Tue Jan 06, 2009 1:42 am; edited 1 time in total
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Pearson
Post Posted: Tue Jan 06, 2009 1:26 am

Joined: 03 Feb 2006
Posts: 1416
Location: Sun City AZ
Absolutely riveting wanda...the only question is, why aren't these bastards in jail?

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Scott Schroeder
Post Posted: Tue Jan 06, 2009 3:45 pm

Joined: 20 Dec 2007
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Location: Some where on the mountain
wm pasz wrote:

We wondered if the pension plan was putting up the cash for this high-risk adventure as well. I wondered if this was the resort that my indiscreet union rep friend had enthused about over lunch.


I thought readers might be interested in this after Wanda's last chapter of her story.

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wm pasz
Post Posted: Tue Jan 06, 2009 7:20 pm

Joined: 29 Jan 2006
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Location: Toronto
(PB: I'll have more to say about the sad state of Canadian law enforcement in a while. Scott: That was one of a series of articles that I wrote as we began to dig up more and more information about the mysterious shrinking pension fund.) Now back to the story...

wm pasz

As 2001 unfolded I was feeling pretty good. Finnamore and were closing in on Piggy Evans and were getting wise to what he was up to. The pile of legal decisions, press releases and newspaper articles on my desk was growing and we were beginning to wonder what to do with it all.

I was spending a lot of time hanging out on the Members for Democracy web site.

What distinguished the small but mighty Internet site at www.ufcw.net – originally called UFCW Local 1518 Members for Democracy - Image was it's active engagement of its members and the public. Many activist web sites had sprung up in the late 1990’s but few (if any) had an online discussion forum at that time and so the MFD forum was a source of constant fascination for me. Each day I would bring up the site and check out the conversations. Suddenly other web sites – interesting as they were – seemed dry and lifeless. At MFD I felt like I was in a room full of people and all of them talking about something. There was life and activity. It felt almost like a hive at times. On the other sites (the ones without live discussion) I felt like I was reading a bulletin board.

Here were real people talking to real people about things that were important to them – in front of a worldwide audience whose members were free to join in any time the urge hit them. The conversations were free wheeling and wide ranging. People didn’t hold back – there was a lot of passion in their words. They also took a lot of shit from conservative elements who saw this candid discussion of union democracy as disloyal. Some of the criticism was downright ugly, at times sounding more like bullying than debate. The urge to jump in was hitting me something fierce but I held off for quite a while (several months in fact) thinking that maybe it wasn’t my place or that I would somehow be interfering. Finally though, I jumped in and never looked back.

By the time I posted my first message in February 2001, a few words of encouragement for the union democrats (as I had started to think of them) under the title The View From Out Here, I had already co-authored an opinion piece called Mistaken Identitywith Scott McPherson and found myself eager to write more. In MFD forum, I offered to share what I knew of the backroom dealing that often left working people out in the cold and my offer was eagerly accepted.

A month later, I wrote another piece this time on my own with Scott doing the editing. It was called Opportunity Knocks (the slogan used by AFM Hospitality Corporation) and laid out what Finnamore and I had dug up to date about the CCWIPP pension plan. Kelsey posted a front page "news" blurb about it. I was so proud to be on the front page.

Quote:
Freshly Shorn Clippings!-8:49 PM 3/12/2001- sleK
We've got an interesting piece up on the Grass Roots Reform page that attempts to pull together all the pieces of the "UFCW Pension Puzzle" despite the fact that the UFCW refuses to provide the "picture on the front of the box". Click here to check it out!


About this time I made my first “in person” visit to Vancouver and met some of my online associates for the first time. Finnamore and I had already met, in November 2000 when we both attended a conference in Toronto on the subject of “Reinventing Union-Management Partnerships”. The 3-day agenda included speeches, presentations and workshops on the latest developments in collusive labor relations. A panel made up of UFCW and Loblaws representatives, lawyers and mediators was featured and gave the audience (many of whom were left somewhat aghast) all the latest tips on how to deal “cost effectively” with unreasonable members who just don’t understand their place in the broader scheme of things. We took turns asking the panelists difficult questions, pissing ourselves laughing and sneaking off to the Land Titles Office to dig up dirt on UFCW-connected properties like this Imagelovely mansion at 34 Madison Ave. in the trendy Annex. The former home of Tommy Corrigan’s multi-union operation, it had somehow fallen into the hands of John-boy Evans (son of Cliff and now UFCW general counsel) for a song after Tommy merged his Textile Processors enterprise into the UFCW in 1997.

Originally purchased by a company controlled by Corrigan in 1982 for $600,000, Junior Evans picked it up for a cool $400,000 in 1998. The vendor, LHWF Holdings, was a company controlled by Tom Corrigan and a UFCW International Rep named Ralph Ortlieb who was now president of the UFCW-ified Textile Processors local. Local 351 resided in the stately building for a while following the Corrigan-UFCW merger but had since moved out to Hamilton - to a building which had recently been purchased from a Teamsters local by the notorious ex-Father Kelly. Oh what a daisy-chain!

John Boy got a really great deal on 34 Mad Ave - buying the place at below its assessed property value and less than half of what a similar building across the street sold for at about the same time.

We were also interested in this Imagemodern office condo on the East Mall, in which Ron Kelly had a 45% interest and which housed the pension-funded Accommodex and AFM Hospitality business flops as well as a rabbit warren of consulting outfits. Did he also get those dollars from the pension fund we wondered? Who else would lend this guy money?

I discovered that activist-oriented associations that develop on the Internet can be an absolute hoot when the associates meet up in the physical world. There’s no tedious small talk or nervous introductions. It’s down to business straight away and let’s not waste any time about it. We visited the area where Finnamore had taken those pictures that got Piggy’s crew so nervous, and discovered that it was suspiciously close to the location of an office building on Lombard Street purchased by Ron Kelly a few months earlier in 1994. We even drove out to the UFCW headquarters and lurked around for a while. He wanted to drop in on Mike Fraser or leave a business card for him but I didn’t that was a good idea. Best not to go too deep into enemy territory unless armed with video equipment (which we didn’t have).

My first visit to Vancouver played out much the same way. Finnamore and I dug up some BC-based Propco’s (there were about 5 all of them established in the late 1980’s) and did some land titles searches on the UFCW’s west coast holdings. I met some of the MFD’ers for the first time, including a brief visit with MFD Chair David Brighton who had authored so many of those wonderful commentaries on the MFD site. Brighton, soft-spoken and calm, played with his two young sons as we talked about the challenges the reform group was facing as the new year unfolded.

They had come a long way since 1997 when widespread outrage among members erupted after a concessionary contract had been shoved down their throats by local executives. A plan came together to run a reform slate in local elections in 1999 and the group “UFCW Local 1518 Members for Democracy” was born. Brighton was elected Chair. The group ran an ambitious campaign. Scott McPherson made his mark as a tireless campaigner, visiting dozens of stores around the BC lower mainland where his fiery speeches and fearless approach to befuddled stores managers quickly won support among the members.

A three-part series about the campaign by Scott McPherson: The MFD Story

As the election came down to the wire, it looked like a real cliff-hanger. So much so that on election day a group of UFCW officials from Ontario seized the ballot box and took it away – claiming some vague voting irregularities. The group protested, filing a complaint under the union’s constitution but to no avail. Their only option was to take the matter up through the courts (Canada having no equivalent of the American LMRDA laws). So they raised some money, retained a lawyer and filed a lawsuit requesting that the court order the ballot box opened and the votes counted, under the watchful eye of an external court-appointed supervisor.

In an effort to get their message out, raise funds and support among members and – they hoped – the broader labor movement – they set up a web site and chose for their domain address the URL www.ufcw.net. It was symbolic – the union belonged to the members and the members were taking back their union. One of the early members of the group, a supermarket cashier named Sharyn Sigurdur, volunteered the services of her son Kelsey, a former Safeway employee who had taken an interest in the emerging field of web development. The site launched in the spring of 2000.

Shortly thereafter, a letter arrived from UFCW International in Washington complaining about the use of the union’s acronym and asking, politely enough, that the group cease and desist. Possibly because of the tolerance that US unions were having to show the reform groups that were springing up left and right, UFCW HQ signaled that it wanted a friendly resolution. It took no issue with the members’ rights to free speech, it only wanted its acronym back and was prepared to pay for the cost of moving the site to a new domain address. A negotiation began between Brighton and an attorney representing the International. The UFCW attorney had visited Vancouver a while ago to meet with Brighton to work out the details and it looked like the deal was mostly done. But the attorney hadn’t been heard from since and Brighton was concerned about what was going on.

Finnamore – who attended the meeting with Brighton as an informal advisor of sorts – said he thought the UFCW was probably just jerking them around and had no real intention of settling the dispute. I was surprised to hear that he had gone to the meeting and figured that any intentions the UFCW had of settling with the MFD likely evaporated after their head honchos learned he was present. “They think you run the web site,” I told him after we left Brighton. He was surprised.

David was troubled by the prospect of an extended battle about the domain address. “I just want the election results to be known,” he said, “so we can get on with reforming the local or go back to work and try again.”

And on that front, the news didn’t look good either. The group had run out of money and still had a long way to go to get to court. Their lawyer had just told them that at minimum they would need to raise another $30,000 and that was assuming that the members themselves could do a lot of the grunt work like photocopying, delivering documents and so on. But that was just a part of the mountain that the group was up against.

The wheels of justice grind slowly in the Canadian court system – especially when it comes to civil litigation. Parties to legal proceedings can drag cases out for years if they have the money and the legal muscle by filing motions, setting and cancelling dates and raising all manner of procedural issues. Given the UFCW’s unwillingness to release the results of the vote, the MFD could fully expect these stalling tactics and it was quite likely that the lawsuit would still be outstanding by the time the next local elections rolled around in 2003. At that point, the fight would be academic. Even if the reformers won, they would still have been denied their term in office and could expect to face a far more formidable battle with the local’s ruling clan during that election.

Media release about the MFD lawsuit regarding the stolen ballot box.

The prospect of fighting two legal battles plus launching another election campaign seemed daunting, yet Brighton had a quiet kind of optimism. The group around him had become close-knit and committed and Scott was a constant source of energy and inspiration. We parted company, hoping to meet again some time later in the year.

I came home from my visit to the west coast feeling more inspired and hopeful than ever. I began to post regularly in MFD forum (using the forum handle “remote viewer”), mostly information I had dug up in newspaper and other archives (here’s one on the timely subject of vote rigging). I found the opportunity to write hugely liberating and the sense of contributing something from my own experiences oddly rewarding. The more I wrote, the more I wanted to write some more. The anonymity that my alternate ID provided was also helpful. Most online activists probably recall their first online posting experience – you half expect some big hand to come out of the screen and smack you over the head for your insolence. It’s not just the measure of protection that your alternate ID provides – you can begin to carve out an identity for yourself that’s free from the imposed identity that you acquire in the physical world.

Finnamore was busy fending off lawsuits from the UFCW and its partners. In our spare time we gobbled up books and online articles about union democracy and joked about writing a book about on the subject. Sometimes the conversations these got downright esoteric.

Quote:
----- Original Message -----
From: wanda2000@hotmail.com
To: hugh finnamore
Sent: Wednesday, June 20, 2001 12:39 PM
Subject: Purple Haze

OK, you're gonna think I'm nuts for sure but I just had to tell you this. You've probably noticed that I've had this Hendrix obsession since we started this discussion back in the fall, right? Well, if you haven't noticed, I have. I keep hearing his tunes practically every time I sit down to do something connected with the book. Sometimes I've thought Purple Haze would be a good name for the book because it suggests illusion/delusion/deception/being in a cloud/impaired perception and that kind of stuff, which is what the average working person is subject to on a whole lot of different levels. The workers' purple haze is the whole government/corporate/union effort to keep the little guys little. (On another level, it also suggests rebellion, breaking away from the mainstream, cutting edge stuff and sort of thing but that's a whole other discussion).

Anyway, today I thought I'd try to find out the inspiration behind the tune. Ya, ya we all know Jimi was high but what was he thinking about when he wrote it...? Here's something I found on the web today - I thought it was kind of freaky. Notice any strange parallels with what I just said and with what's been going on? (OK, if your head's really not into this, I'll give you a few hints: Ignore all the sci-fi shit but check out these concepts: the haze makes the people confused, they go into hibernation when the haze is around, the ones that don't hibernate - end up losing it. How's that for a head trip?


I’m going to include the text of the article I was referring to – for your reading enjoyment and contemplation as it does not appear to be available on line anymore (originally it was posted at http://www.univibes.com/PurpleHaze_Scoop.html). I thought this was loaded with methapors about oppression.

Quote:
Purple Haze Scoop!: 'Scuse Me While I Read This Novel...'
by Caesar Glebbeek

Ever since the release of "Purple Haze" in England, the second single by the Jimi Hendrix Experience, way back on 17 March 1967, we've had all those theories flying around about the origins of the lyrics. Many people believed the song was a result of some drug intake (usually LSD got the credit - always denied by Jimi) although as hinted at on page 148 of Jimi Hendrix: Electric Gypsy, a science fiction and mythology connection was another pretty good bet - if only to veer off into conjecture and supposition one page further. Jimi himself wasn't very clear when asked about the lyrics of "Purple Haze" and often gave different answers on different occasions, which led to a totally incorrect interpretation of this song.

In December 1967 Jimi told interviewer Meatball Fulton in London: "It had about a thousand thousand words... You should have heard it man. I had it written out. It was about goin' through all these...ah, this land, you know. This mythical...'cause that's what I like to do is write a lot of mythical scenes. You know, like the history of the wars on Neptune and all this mess, you know...like how they got the Greek Gods and all that mythology. Well, you can have your own mythology scene. Or write, you know, fiction. Complete fiction, oh, you know. I mean anybody can say 'I was walking down the street and I see an elephant floating through the sky.' Well, it has no meaning at all, you know. There's nothing imagined except there's this elephant there, you know. And if you don't watch out you might break your neck! [laughs]...."

After 26 years we can now finally reveal the true source of the lyrics of "Purple Haze"... According to journalist Keith Altham in Rave (November 1970) Jimi once told him: "It was just a straight dream I had linked upon a story I read in a science fiction magazine about a purple death ray." As it turned out this is very close to the truth although Jimi's dream doesn't come into it as almost all of the lyrics of the version released on single, one way or another can be traced back to an old novel. Way back in 1957, Philip José Farmer wrote a science fiction story titled Night Of Light (full title: 'Night of Light - Day of Dreams'). A short version of this novel was published in the June 1957 edition of the American magazine Fantasy And Science Fiction. The complete novel (160 pages) was first published in paperback by Berkley Medallion Books [ISBN 425-02249-075] in June 1966.

The story in the novel concerns the planet Dante's Joy where, because of sunspot activity, the night-time sky sometimes turns violet. During day-time the sun would turn at times from normal blinding white into an enormous disc of pale violet ringed by a dark red. This would cause dizziness....

Purple Haze all in my brain,
lately things don't seem the same...
.

....and those of the two billion people on the planet who choose hibernation during these periods go into what is called The Sleep. Those who don't are experiencing something called the Chance (lasting for seven days) and go crazy. This includes homicide, rape, looting and general insanity until the fog passes. People's deep rooted subconscious desires surface during this time known as the Night of Light...

Purple Haze all in my eyes,
don't know if it's day or night....


....as all inhibitions are lifted by the magnetic storms. The novel tells the story of the adventure of John Carmody, an Earthman, who gets in contact with Father Skelder and Father Ralloux (both also from Earth) who were jointly commissioned by the Federation's of Anthropological Society and the Church to make a study, among other things, of the so-called Night of Light on Dante's Joy. On page 47/8 we read about a trip John is taking in his car during the Change: "Because the night seemed a little brighter, he drove a little faster. His mind, too, seemed to be coming out of the slowness...and he was thinking with his former quick fluidity... Normally, he would have been able to see the Temple of Boonta at the end of the avenue. But now, despite the enormous globe of the moon, halfway up the sky, he could discern the structure only as a darker purple bulk looming in the lesser purple... Above it, the moon shone golden-purple in the center and silver-purple around the edges. So huge was it, it seemed to be falling, and this apparent down-hurtling was strengthened by the slight shifting of hue in the purple haze." And on page 34 is says: "The sky was clear but the stars seemed far away, blobs straining to pierce the purplish haze."

All the lyrical references in "Purple Haze" are directly related to the storyline. Jimi only changed the story slightly by introducing a woman as the cause of his madness and confusion. The above evidence is incontrovertible and undoubtedly proves that the Night Of Light is the source of the lyrics in "Purple Haze." Case closed - next one please!

Special thanks to Harley Fine for making the discovery of the "Purple Haze" lyrics connection in said novel.
First published in UniVibes issue #8, November 1992
Copyright ©1992 UniVibes - All rights reserved


I was busy thinking about how, journeying around in cyberspace was sort of like these cosmic journeys that the sci-fi writers wrote about and then something really awful happened.

TBC

_________________
Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X
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wm pasz
Post Posted: Sat Jan 10, 2009 8:24 pm

Joined: 29 Jan 2006
Posts: 1219
Location: Toronto
In this next post I’m going to talk about a particularly disturbing event that had a major impact on the MFD organization, its web community and on myself as well. Revisiting this event may be controversial and some contributors may wonder why I needed to go there rather than just to let sleeping dogs lie. I’ve actually struggled with this question for a while as well. My sense is that given the enormity of what happened, its effect on the people who are have now become the central figures in this story and the lessons that can be gleaned from it all, it’s highly relevant and an important part of this unfolding story. Truth be told, it’s something that has hung around this community, lurking like a menace, for a lot of years now. Like many things in our lives that haunt us, we need to acknowledge it and understand how it contributed to making us who we are and influencing what we do. My intention is not to reopen old wounds or to exploit an unfortunate situation. I will be brief with the details (none of which are confidential – all of the details are still online in various places), concentrating instead on the impact and the lessons learned.

wm pasz

June 22, 2001 didn’t quite feel right to me. It was a nice enough day – a hot and sunny Friday, an easy day at work and the weekend coming up. Yet I felt uneasy. It was an odd sort of feeling – like somewhere out there something was going very wrong but I didn’t have a clue what, where or for who.

In my mind I kept hearing the Nirvana song Come As You Are with its catchy riff “and I swear that I don’t have a gun, no I don’t have a gun…”. Now don’t get me wrong, I really like Nirvana and that tune in particular but enough was enough. Check the video.

I went about my business, went home, wrote a front page item for MFD for the following day, sent it in to Kelsey for posting. The next day, that same sense of something-not-right returned. I thought of my MFD associates, wondering if there was lawsuit on the horizon or if some other form of harassment was being inflicted on someone. I checked my email off and on throughout the day, but nothing …then it came. Call me asap. David shot his wife.

It didn’t really register at that moment but a sense of dread came over me as I dialed Finnamore’s phone number.

The details were still somewhat sketchy but this much was known: An altercation of some kind had taken place at the Brighton house the previous night. David’s partner was badly injured with multiple gunshot wounds. He was under arrest. She was in hospital in critical condition. Their two young sons were OK – they were apparently in the car outside when it all happened.

As Finnamore chewed over this distressing turn of events out discussion was mostly about our shock and disbelief. You hear about these kinds of things happening but it’s never someone you know or know about. There had been some problems in the relationship lately and it looked like the couple was going to split up but Dave was the last guy on earth you’d expect to erupt in this kind of violence. The whole thing was numbing. And then there were the implications for the MFD group which, it was pretty obvious by now, had just lost its leader amid achingly distressing circumstances. What would they do? There was no obvious successor to David and no clear process for appointing one quickly.

The emails started shortly thereafter and flew back and forth throughout the night as Sharyn, Kelsey, Scott, Finnamore and I and a few other regulars exchanged news and thoughts. I sacked out in the rec room with my small laptop, keeping an eye on the email, unable to sleep and wondering “what the fuck just happened?”

I didn’t quite understand why I felt as intensely rattled as I did. What had happened was awful of course but I didn’t really know this guy or his family. I’d met him once, for maybe an hour so so, and exchanged maybe a handful of emails (Scott had been my main contact at MFD). I would have thought that I’d feel that vague sense of surprise that you might get upon learning that a distant contact had been involved in some egregious misconduct, but I felt quite disturbed and anxious – not unlike the days when I drove around checking the rear view mirror and wondering when the Dirtbag was going to catch up to me. It was the sense of a menace lurking – somewhere close by.

The email buzz continued throughout much of the following day as the MFD’ers tried to figure out how to handle this overwhelming tragedy and to come to terms with what it meant for them as an organization.

There was no apparent successor for David. Scott’s union activity had cost him his job a few months earlier and his dismissal had just been upheld in a less-than-balanced arbitration hearing. Unable to get hired at any UFCW-represented stores in Vancouver, he had taken a job as a manager at a smaller non-union grocery store. This move made it difficult for him to continue his involvement with the union reform group and so he resigned a month earlier. (Read Scott’s resignation letter).

MFD core members were overwhelmed (the group had a loose committee structure and a small group of core members who formed a nucleus of sorts within the small organization). What would happen now? Surely the UFCW would make hay out of these events to vilify the group. What would the members make of it all? Would they withdraw their support? The circumstances being what they were, some would certainly feel uncomfortable continuing their involvement. Some were frightened that UFCW officials would take advantage of their vulnerability to retaliate for the group’s activities. overt Still others were suspicious of the involvement of “outsiders” in these discussions and fearful that the group was about to be taken over by people about whom they knew very little who may have their own agendas.

In reality, we “outsiders” became part of the conversation because we’d been copied on the initial email threads that started late Saturday night and continued throughout the weekend. Unsure of how much to involve ourselves in this, our contributions were mainly in the form of advice on the factors and steps the group might want to consider in deciding how do deal with this crisis (identify what needs to be done, prioritize, decide who will do what, and so forth) .

Without a leader – and without any real sense of how to deal with a sudden leadership vacancy - there was a kind of decision paralysis. There was no established process for filling the leadership role and no one eager to take it. Whoever took on the job would find him or herself juggling multiple complicated problems, living in the shadow of David’s blow out and was sure to become a flashpoint for any retaliatory measures that the UFCW had in mind.

Arching over all of the questions and fears was the nature of the event itself. It would have been distressing enough to lose a key leader to an accident or illness or other misfortune – but this? An act of such violence and in a domestic setting by someone so unlikely to flame out this way. It was too much to process at a time when important decisions had to be made quickly.

A brief note was posted on the MFD main page mid-day on Sunday.

Quote:
Tragedy-2:25 PM 6/24/2001- MFD
As many of you are aware, David Brighton (Chair of the MFD) and his family have been struck by tragedy.

The news released Saturday June 23rd identified brother Brighton as being arrested and possibly charged with violence in a family dispute.

We would like to express our concerns and support for him, his wife and their families at this time.

The MFD will continue to move forward to accomplish our goals despite this obvious setback.

An interim Chair will be announced shortly.

Until then your queries can be forwarded to Sharyn Sigurdur. sharyns@ufcw.net

The MFD will attempt to keep you informed and updated as events develop.

It is our single most wish that the Brighton family will recover.
Our prayers are with brother Brighton and his family.

Click HERE to read the MFD media release.


The media release linked to the report was subsequently removed at the insistence of the UFCW which found it objectionable and threatened legal action if it was not removed. The suggestion that some members were wondering if “the pressure of fighting a supremely corrupt union and trying to save his failing marriage pushed Brighton over the brink from dedicated husband and loving father to someone who has allegedly lost control” might have rubbed UFCW leaders the wrong way, but it was certainly a question that was on the minds of many members of the reform group as they struggled to comprehend what had happened. By all accounts Brighton had a gentle, unassuming disposition. He was a thoughtful, laid back kind of person. He was respected among members and was developing a solid reputation within Vancouver’s labor community. Even UFCW officials had a sort of grudging respect for him.

By Sunday night, it appeared that the group intended to soldier on. An interim leader would be appointed and life would go on but it wasn’t to be. Within a few days, the group dissolved.

Some reported that they had been contacted, discreetly, by UFCW business agents who hinted that they had better get out before the hammer came down. UFCW officials were exploring taking legal action against the group and anyone who was on board with MFD had a lot to lose if a lawsuit was filed. Others reported similar sales pitches including threats that the UFCW would be coming after them for costs associated with defending against the MFD lawsuit. Rumors of “outsiders” poised to take over the sight abounded as did concerns about getting tarred as a violent bunch of radicals led by an accused …it was hard to bring oneself to say the word.

With no leader emerging from the ranks and a climate of fear setting in, the end was predictable. The lawsuit about the stolen election was [url=http://www.m-f-d.org/topic/19.000132.hte1.php]
Withdrawn[/url] shortly thereafter and the webmaster took the web site offline – briefly.

As the conversation about what to do raged in a number of email threads, I had struck up a side conversation with Sharyn Sigurdur. I had gotten to siggy in MFD’s online forum and had become a fan of her straight-speaking and blunt assessments of the issues of the day and her clever use of metaphors (“I just washed my brain and can’t do a thing with it…” is still one of my favorite siggyisms). When you get used to relating online you sometimes develop a mental image of the people you’re relating with – I had imagined siggy as a very wise person who had lived a lot of things but had been beaten down by none of them). Yet we’d never talked one-on-one.

In a long email thread entitled “east meets west” we sort of pulled away from hauled off to the side and had a chat about what was going on and what it all might mean. We got acquainted and had a far ranging conversation about life in general, our lives in particular, our views about what was up with the workplace, unions and the world in general. I learned that she had been active in unions for the better part of three decades and had been a member of Local 1518 for almost two of those. She was proud of the decent life that a union job provided and was to this day a believer in the value of unions. She been a steward and representative in her local for a long time. But then the oppression started. Like many members in the local she was shocked by the concessionary contract the local executive recommended in 1997 and outraged at the way it was shoved down the members’ throats. She got on board with the democracy movement soon thereafter and was one of the original members of MFD.

Was she interested, I asked, in taking on the leadership role in the group? It had dawned on me that we were the only women “in the room” (in the broader conversation that was going on around us online) and she seemed to me such a natural leader.

No, it wasn’t something she wanted to pursue. Not because she couldn’t handle it but there was something about the concept of conventional leadership that didn’t sit right with her. She has been a strong supporter of the group and its objectives but was not interested in hierarchical leadership or in the mano-e-mano dynamics that had always simmered away among David and the guys who were closest to him, or those that were playing out among our male colleagues as we spoke.

I had not had much exposure to small activist groups but had assumed that they would just naturally be more collaborative and less hierarchical. Yet what Sharyn described was very similar to what I was accustomed to seeing in larger organizations. As much as David was an articulate and committed leader, he was autocratic and highly structured in his approach. Scott was fiery and inspiring but also tended towards inflexibility and control. Other guys in the group were pretty conventional in their thinking about workplace and human relations.

Where were the women? Sharyn explained that while there were other women who were involved in MFD and there were many thousands of women in the local membership, they tended to defer to the men. This surprised me. There was so much activism by and on behalf of women out there. That was the problem, Sharyn explained. It was out there and not over here where life really happened. The people out there didn’t really get what went out over here – on the ground. Life in the retail food industry didn’t leave most women with an over-abundance of self-confidence or self-esteem. They were used to deferring to men – husbands, bosses, union reps, stock boys. It was part of the culture and very hard to shake. So they might participate in a discussion, but the decision-making well, that would be left up to the boys. And the boys liked it that way too. The only one she’d met who was different was her son Kelsey, who was part of some newer generation perhaps influenced by all that technology he was into.

Our fascinating exchange was interrupted a day or so later by the collapse of the UFCW Members for Democracy organization. Kelsey announced he was taking the site offline. I had an idea.

It would be shame to take the site down. There was so much good stuff on it and so many people who had become part of this cyber-meeting-place. It seemed sort of like shutting down a community. Maybe we could do something else with it – something a little more bold and edgy? What if we were to remake it or evolve it into a more general gathering place for people who were interested in taking back their unions or building more effective, more democratic unions? Nothing like this seemed to exist online.

I flew this past the much smaller group – Sharyn, Kelsey, Finnamore and few others – who were still interested in hanging around the old cyberspace watering hole. The old MFD site went back online. MFD version 2 was on its way.

That the web site survived the dissolution of the group whose message it was originally set up to carry, was the source of some disappointment to UFCW officials.

Quote:
Rumours of the death of MFD seem to be premature. After all, why is this web site still here? Why are you still talking? In the land of the honchos there is growing disappointment and confusion about this.

posted in MFD May Be Dead, But..., June 28, 2001


As plans unfolded behind the scenes for Version 2, the excitement was palpable.

Quote:
Ah, eagle_one, this is not the end; it is only the beginning. Posted July 15, 2001


Post script

In May 2002 I found myself in Vancouver during the final days of David Brighton’s trial and caught the closing arguments of the defense and prosecution. The full picture of what had happened was finally in focus.

The relationship between David and his wife had been strained for some time. Several months earlier she had suggested they see a marriage counselor named Richard Clark. He agreed. Clark insisted on counseling them separately – something he found unusual but accepted, deferring to Clark’s professional judgment. After a time he began to suspect that she was carrying on an affair with Clark. There were secretive phone calls and spur of the moment appointments. He confronted her but she denied anything was going on. Eventually he confided his concerns to Clark who also denied that anything was happening and suggested that he was delusional and was imagining things that weren’t real. He took Clark seriously, trusting his expertise. But his suspicions continued and he began to fear that he would lose his children.

The day of the incident he had been out having a few beers with a friend. He went home in the evening, determined to confront her about the relationship. She acknowledged that was romantically involved with Clark and that she was leaving to move in with him. She put the kids in the van. He dragged her back inside the house. He got a gun (he was a competitive marksman and so kept a couple of firearms in the house). He said he was going to shoot himself. She told him to do it on his own time. He became enraged. Fearing the worst she ducked under a computer desk. He fired off six shots. Three hit her - two in the head. Miraculously she survived the attack.

He was convicted of attempted murder and sentenced to 7 years in prison. The trial judge showed leniency in imposing the sentence because of his lack of any previous criminal record and the stressful circumstances that preceded the violent episode.

Sharyn and Kelsey Sigurdur also attended that day of the trial. It was the first time that I met them in the physical world. We talked about the “why?” without coming to any conclusions. How could we ever know? What made this staunchly law-abiding man, who loved his wife, doted on his kids, respected structure, authority and the professional expertise of others explode in such destructive rage? The answers were as elusive as they were a year earlier, as they were with tragic figures throughout the ages. The metaphors were startling though and I had a strong sense that there were many messages in this story.

That day was the last time that we saw David Brighton. We understand that he has since been paroled and is rebuilding his life somewhere on the west coast.

_________________
Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X
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SFway
Post Posted: Sat Jan 10, 2009 8:47 pm

Joined: 26 May 2006
Posts: 573
Wanda, thank you so much for your continuing story...and your continuing work.
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wm pasz
Post Posted: Tue Jan 20, 2009 6:16 pm

Joined: 29 Jan 2006
Posts: 1219
Location: Toronto
wm pasz

In July 2001, a transitional version of the MFD site was launched. The reference to "UFCW Local 1518" was dropped - the web site was now simply called Members for Democracy. "Members" was now extended to capture not only all union members but all working people desirous of empowerment.

An intensely productive exchange in a private section of the online forum had taken place during the latter part of June among what would become the core contributors. This exchange produced a new reason for being and vision statement for the web site: Taking back our unions and engaging the future.

I’m not sure exactly how we arrived at this over the course of what would have been a few hours. Similar exercises in the physical world have been known to take months and costs huge piles of cash. Yet we did it virtually overnight. Something about the nature of communications in the digital world makes it a lot easier to get agreement and figure things out.

Quote:
ImageWhat is this place?

Taking back our unions and engaging the future...

[b]We are people-who-work
helping other people-who-work take back their unions. We started out as a reform movement within the Canadian UFCW but have expanded our focus to the broader community of workers. We believe that fully democratic unions are essential to improving the lives of working people today and in the future.

The world is changing. The knowledge age is here. The places where we work are changing. Workers can influence the course of change and build a better, more humane world and better more humane workplaces. To this end we need to know - to understand - what’s going on. When we understand our environment, we can change it. We can analyze it, assess it, and decide what we want and how to achieve it. To facilitate change that is good for workers, we need unions that are good for workers. Unions that are good for workers will be able to engage the future.

Many of today’s mainstream unions are not equipped to engage the future. Many are trying hard to hang on to the past. Some have long since ceased being union’s altogether. This has to change or workers will be left as high and dry in the knowledge age as they were in the industrial age. Workers know this. Many are working hard to take back their unions.

Knowledge is power. Through this interactive web site we seek to empower workers involved in union reform by providing information, advice and support so that you can [b] for yourselves. We seek to break the silence about mainstream union practices that disempower workers so that you will know what really goes on and see with your own eyes. We provide a place where you can meet, talk, share information on a wide range of subjects related to unions, the workplace and the labour movement so you can decide for yourselves. Understanding what's really going on and linking up with like-minded others can help build an empowered worker community[/b].

We are virtual. We have no structure, no officers or directors, no bureaucracy - that’s old, from the other age. We are ideas, thoughts, information, and communication. We are this web site and all who come here. It doesn’t matter who you are, where you live, what kind of work you do, or what kind of formal role you have been assigned in your workplace, if you care about the future of workers you are welcome here. Share your views, tell us what’s happening where you work and at your union. Engage others and engage the future


The format of the site changed to include a wider range of news, information and resources. There was a toolkit with information about labor relations processes like grievances, duty of fair representation and other workplace “tools”. A weekly commentary feature offered up opinions and insight about the democratic unionism. The Trough poked good-natured (and not so good-natured) fun at noteworthy UFCW porkers. And of course the online forum – now bigger and livelier than ever.

At this point it seemed like things just started happening very quickly. I had this feeling that this Internet thing was really big and really different and that it had the potential to change the way we perceive ourselves in the world around us – and so enable us to change the world.

I was also by now wired 24/7 to my colleagues on the west coast and this connection felt empowering. I packed my laptop on a family trip north that summer. I was delighted to find that I could get online through hotel phone jacks and my ISP’s 1-800 number and made it a point to get connected each night. I was finding that as I went about my business in the physical world, I now had a sense that I was now living in two different dimensions – the old familiar physical reality and the world beyond the static which wasn’t that scary after all. In fact, it was fascinating. Things began to look and feel different.

Over the summer, I began to write prolifically. I wrote a shitload of stuff for the new site and kept right on going. It was really strange, the more I wrote the more I wanted to write. The more I engaged people in the big free-wheeling environment of the digital world, the more I wanted to keep doing it. There was never an exchange from which I didn’t learn something, even if it was just how I felt about things.

ImageThese subtle, yet perceptible, differences of online engagement and their possible implications on us working people became the subject of some of my writing and of discussion in the forum. There, conversations raged about changing the way we think about ourselves in relation to work and workplace relations. Should we call ourselves “employees” or “contributors”? Are we “rank and file” or “power source”? What is the best way to organize ourselves? Is the top-down model inherently limiting? Should we look towards networks and leaderless models as new and more effective ways of creating unions? Would transformational leaders prove viable alternative to traditional autocratic leadership? Business unionism seemed an abject failure – should we give revolutionary unionism a try?

It didn’t take long for the forces of darkness to show up in our forum and it was intriguing to see how conventional organizations and their representatives seemed at a loss online. All the old intimidation tactics didn’t seem to work here.

I had a feeling that we were seeing the evolution of our own media – an inevitable media that was ushering in the inevitable end of an era.

What a time to be alive!

ImageOn January 1, 2002 the fully revamped 2002 MFD site was launched. We were in awe of the work that our web developer had done in such a short time. The whole thing looked so professional.

A month later, we were Sued by the Voice For Working America – the UFCW International and its Canadian franchise took issue with our use of the UFCW acronym in our domain address and with unspecified “defamatory” statements about their officers and representatives. In the old days the arrival of the legal documents would be enough to scare your average activists into silence. But the online world made us madder and bolder and even more inclined to make noise. We used the opportunity to launch our own counter offensive against suppression of free speech.

Within a few months a community of sorts again began to develop around our digital watering hole a many interesting cyberspace travelers dropped in. Among those who stayed and made a lasting contribution through their stories and ideas:

licatsplit a sprinker-fitter from the deep south who was promoting democracy within the United Association. This guy was wise to the ways of the world and one of the most articulate advocates of democracy I’ve ever met. He would reincarnate later on as Atuuschaaw.

Bill Pearson, newly-retired president of a UFCW local in Minnesota.

Daryl Gehlen, a warehouse worker and UFCW member from B.C. who, along with his co-workers, were being abandoned by the UFCW. Gehlen would become a prolific writer who, for a time, even bested me in the word count department.

globalize_this, a Harvard law student and dedicated union activist.

about unions, an indomitable CUPE member hell bent on bringing greater democracy to his union. “au”, as we came to know him, was also a prolific – generating volumes of hard-hitting commentary and opinion.

All these people came by in the early part of 02. Many others would visit and make their mark, in the years that followed.

I found myself dividing my time between keyboarding my thoughts, researching the law of defamation and stepping up my sleuthing into Piggy Evans’ pension adventures.

Pension issues were hot on the MFD site and through my relentless googling I was learning that hare-brained pension investment schemes were rife throughout a certain segment of organized labor.

When it came to union pension fund misadventures the United Association of Plumbers and Pipefitters National Pension Fund (UA) seemed to be a tough act to follow. To date, the UA's pension fund had poured $800 million dollars into this Florida Hotel called The Diplomat. This investment sparked outrage from pension plan members. The US Department of Labor was investigating.

Quote:
Cocktail named after pension-looter Posted by the_hound on Monday, January 14 2002 -5:10 PM -- Discussion

A series of articles in a Florida newspaper have alerted us to a controversial investment by the United Association of $800 million from its pension fund into a financially troubled hotel in Hollywood, Florida. The staggering amount represents about 20% of the fund's total assets.

Local businesses and politicians are jumping for joy at the prospect of the new jobs and increased taxes the hotel, called the Diplomat will bring to the area. But many union members are angry at what they believe is a high risk gamble with their retirement funds. Said one member, “The union has no business investing other people’s money in these bonehead projects". An appeal by a group of members to the US Department of Labor to stop the investment was rejected recently.

The hotel's operator has agreed to allow the Hotel Employees, Restaurant Employees Union to organize its workforce and has named a cocktail after the UA's President, Martin Maddaloni.


Pension and benefit trust funds affiliated with Local 290 of the Plumbers, Steamfitters and Shipfitters Union in Oregon invested about $40 million with a fly-by-night outfit called Capital Consultants only to see federal regulators seize the firm in September 2000 for running an alleged Ponzi-like scheme. About $29 million of the Plumbers' total was in questionable investments that were either lost or at risk. Members of six unions were suing their pension fund trustees after the collapse, accusing them of imprudently investing their money.

A government-ordered audit of the Edmonton Pipe Industry Pension Plan found that a solvency shortfall had reached about $30 million by 1999 and was rising, and its unfunded liability exceeded $35 million. The fund's administrator was the CEO of three golf courses owned by the fund, and several Trustees were on the board of directors of companies the fund owned. Auditors discovered that Trustees used plan assets as collateral to borrow $14.5 million for a mortgage, and $8 million US for mortgages for two U.S. golf courses. The union pension fund was at risk of collapse because of these bad investments.

In the US, six locals of the United Food and Commercial Workers Union were suing the union's International Executive Committee over a whopping $75 million deficit incurred by their pension fund over a one year period in 1998-99. When the suit was filed, executive committee board members promptly voted to indemnify the union's executive committee (International Union president, secretary-treasurer, and three executive vice presidents) who are also administrators of the Pension Plan from any possible financial damages that may occur as a result of the lawsuit.

And then there was Castor Holdings and its CEO, Wolfgang Stolzenburg, who had ripped off the Chrysler Canada to the tune of $165 million.

I couldn't believe this shit. Pensions were such an important benefit for working people. Many people voted to accept contracts that gave them minimal wage increases in exchange for more in their pension accounts. I knew so many people for whom a decent retirement was the payoff for a lifetime of physically or emotionally debilitating labor (or both). I knew that pension-fleecing schemes were once a popular pastime among shady union guys (Jimmy Hoffa landed in the slammer for helping some mobsters rob a Teamsters pension back in the 1960's) but I thought these schemes were pretty much a thing of the past – or a mostly American phenomenon. This kind of crap couldn't happen in Canada - could it? How did these guys get away with it? Buying hotels and golf courses? Could pension trustees even do stuff like that? At my workplace, all hell would break loose if our pension trustees bought a golf course.

I began to post items about pension trustees playing fast and loose as I came across them.

Quote:
Man who sleeps with dogs wakes up with fleas-7:08 PM 6/22/2001- remote viewer

I came across this amazing series of articles in The Oregonian On-Line about an awful scam involving union pension funds. The UFCW don't appear to be involved in this (Local 555 posted a notice to the effect that they had no funds invested with this company), but a number of other unions appear to have lost millions of dollars to an unscrupulous investment firm. This story provides an excellent example of why members need to stay on top of how their pension funds are managed and what can happen when officials play fast-and-loose with their money. (You'll notice also that this sleazy firm also specializes in hotel investments - sound familiar?)


These posts drew more of the same from other visitors to the web site. Finnamore and I were not the only people who were taking an interest in what was happening with the CCWIPP pension plan. By mid-2001, information about other strange investments began to appear on the MFD site.

Quote:
1-800-Bad-Union3:29 AM 7/13/2001- weiser

Well, we’re sure you all remember WebGalaxy, that Internet provider that CCWIPP lost half a million dollars on. And we’re sure you remember AcuBid Com Inc. (later called Asia Web). That’s the company that CCWIPP dumped over $1.2 million into before it went “south”. Well, the guys who brought you those two fiascos are also named in a Teamsters election funding complaint lodged by a group running against Jimmy Hoffa Jr. The WebGalaxy/Acubid guys kicked in a bunch of money to help elect the Hoffa slate. But because they may have done business with the Teamsters, they weren’t allowed to contribute, and a complaint was lodged.

Now it’s really bad that the Canadian Commercial Workers Pension Plan would pour close to $2 million into ventures managed by these guys. However, [url= http://www.m-f-d.org/news/quajswtzuer.php]that’s not the end of it.[/url]


Weiser was an MFD regular whose inner detective was working overtime when it came to digging up unpleasant truths about the workers’ pension plan (the CCWIPP). He had been posting related items for several months and would become a major player in the drama that was about to unfold. Some earlier items about CCWIPP posted by weiser and others:

CCWIPP - WebGalaxy
CCWIPP Round III
Buying Members
Unions and Pension Plans
Hanley and the Hotels

All the while tales of even more boneheaded investing continued to surface – like the one about the meatpacking company that went belly up owing the pension plan $5 million. As the workers at this plant were also UFCW members, they were screwed X2. Not only were they out of work and unlikely to ever collect severance pay but their pension plan was now out $5 million which it would have to try to recover from a business with only $635,000 in assets.

Quote:
MGI owes creditors $12.7 million! - posted - 8:53 PM 9/10/2001 - Discussion
Well, if it wasn't your pension at stake, the way CCWIPP invests your money would have us doubled over slappin' our knees in hysterics. If it isn't pouring money into bankrupt hotels it's pumping $5 million into a failing company with only $635 thousand in assets --and Receiver General for Canada will get $50 thousand of that.

What's really sick, is the 300 or so UFCW members who worked at this bankrupt company weren't even listed a creditors. As of late July, they hadn't seen even a dime of severance money. We wonder what criteria CCWIPP uses when it decides which of it's bargaining unit operations it will sink money into. Anyway, read this article and weep.

In April 2002, I wrote Sins of the Father, exposing what we'd learned about Ron Kelly, shortly thereafter. I wrote another piece, called The Haunted Houses of Labour, for Halloween 2001. The Haunted Houses was a hit and would become a perennial favorite on the MFD site, consistently getting a large number of page views.

The articles drew extensive commentary in MFD forum and drew many new visitors to the site. In the summer of 2002 a new visitor, using the forum handle <downeaster>, stopped by with a very interesting story to tell. None of us knew it at the time, but this guy from a far-flung corner of the North American continent had just set in motion the wheels that would make Piggy and his pals writhe and squirm for years to come.

TBC

_________________
Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X
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wm pasz
Post Posted: Tue Jan 20, 2009 9:20 pm

Joined: 29 Jan 2006
Posts: 1219
Location: Toronto
wm pasz

Quote:
"We're driven entirely by contributors. You guys are the Members for Democracy. We're just a web site. We have no leader and no formal structure, we're just an informal network of people who wish to share their views on democratic unionism and workplace issues. This whole thing would be pointless if it wasn't for all of you folks having similar goals and ideas." MFD Organizational Status, March 4, 2002


Once you engage with others online you never know where a conversation is going to take you. In online discussion forums, you can be involved in multiple conversations about related or unrelated topics so the potential that something is going to lead somewhere is just that much better.

In MFD forum, conversations tended to get long and heated (one notable discussion thread ran to over 1000 individual posts), drawing in forum regulars and attracting newcomers as well. Multiple threads on related topics were common. These multiple threads often contained links to other threads, spawning a web-like grouping of conversations.

The small "core contributors" at MFD, who maintained the site and moderated the discussion forum, were free speech fanatics. Apart from hate speech and threats of violence, nothing was censored. Even when things got really heated, moderators encouraged the participants to stand up, think critically, take others to task for fallacious reasoning, ad hominem attacks and so on.

Better that people learn to debate and respond than to shut down a conversation – no matter how incendiary.
Sometimes these exchanges led to powerful new collaborative connections. At times you could almost feel a “click” as person-to-person connection was made adding yet another strand to an evolving network of like-minded people working on their own projects but helping out their new-found friends as well.

As 2002 arrived, Finnamore and I were finding that our list of strange investments by the CCWIPP pension plan was growing fast -

Quote:
- 7 hotels ($15 million was loaned for the purchase of one of these and we had no idea how much pension money might have gone to fund the others)

- AFM Hospitality, the financially-challenged hotel management firm (at least $2 million was invested in this barking dog)

- MGI Meat Packers, the bankrupt meatpacking plant ($5 million)

- The Galleria Shopping Mall in London Ontario ($31 million was loaned to Ron Kelly to buy the mall, $42 million was paid to him to buy it back).

- Holland Cross shopping mall in Ottawa, (purchased by Kelly for $15 million and bought back by the pension plan for $28 million).

- Webgalaxy, the Internet service provider started by a bunch of UFCW big shots ($2 million)

- Two Bahamas hotel properties (over $100 million)

- Dynamic Venture Opportunities Fund – Piggy Evans was the Chairman of the Board of this labor-sponsored venture capital fund of which the UFCW, Laborers and Carpenters Union pension funds were the sponsors. Piggy's nephews Michael J. and Eugene Fraser were also board members.


Apart from these, we also knew that there was money sloshing around in some building lots on Vancouver Island, a shrimp processing plant in Newfoundland, development land in Brampton Ontario.

How were these investments doing I wondered? Were they making a good return for the pension plan members? Without access to the pension plan’s financial statements we had no way of knowing. Although the finaniclal statements were available to plan members, most of the members who hung out on MFD belonged to different pension plans (the CCWIPP was the Canadian UFCW's largest pension plan but not it's only one).

The handful of CCWIPP members who visited the site frequently were afraid to request financial statements or any other documents from the pension administrator or the FSCO (for reasons that you can probably guess). Without a look at the financials, all we could do was guess at how well – or not – these investments were doing.

But the Internet was about to prompt a connection that would answer our questions and shake the foundations of Piggyland in the process.

Early in 2002, a new visitor arrived in MFD forum. He called himself <downeaster> and found his way to MFD through a link to a news item we had posted about a dispute at the meat packing plant in Atlantic Canada where he worked. The dispute was about a move by some of the workers to replace the UFCW with another union. <downeaster> was in favor of giving the UFCW the boot. His forum posts drew workers from both sides of the controversy that was brewing at the plant. Multiple discussion threads soon developed on a range of topics connected with <downeaster>'s plant where, as it turned out, workers were members of the UFCW's CCWIPP pension plan.

During one particularly heated discussion, in April ’02, the subject of the pension plan came up and <downeaster> posted some revealing information.
<downeaster> took no prisoners and pulled no punches.

Quote:
Posted by <downeaster>
Sat, Apr 27, 2002 5:59pm

About 4 years ago some of us at the plant noticed that the rate of return on our pension compared to previous years was lower, we were also paying 3 cents extra into the plan (58 cents per hour to get 40.00 per year pension return - the max was 55 cents to get 40.00 per year pension.) and getting nothing in return.

We asked our local union reps about this they told us if we didn't like the plan we should get out. We then wrote the board of directors of CCWIPP and received a letter from CLIFF EVANS. He replied that there could not be any changes in the plan because the Alberta Pension Commission was looking into the solvency of the plan.

We were concerned about these comments so we wrote the Alberta Pension Commission and asked them what was going on. They replied that the plan was having some problems and hopefully they could work out their problems in a few months.

Each member received a letter about a year ago from the Board of Directors of CCWIPP explaining the new changes .The most important was if a person was not eligible to retire as at Jan 1 ,1997 (was not 50 in 1997) the amount of their pension would be reduced between 50 and 65. Full pension would be available without reduction at 65. When we got into the plan we were promised that we could retire at 60 with a full pension.

The other change was to received the 40.00 per year pension we would have to contribute 65 cents per hour instead of 55 cents per hour. The letter also said that there would be a supplementary income benefit, finances permitting, which would provide a full pension at 60.

I then emailed Mike Fraser and asked him where the money for the supplement was coming from. Mike then phoned me a couple of weeks later and assured me that I would get a full pension at 60. Last year we received our pension statement. There was no mention of the supplementary income benefit. It stated that if you were not eligible to retire in 1997 you would take a one-half percent per month reduction from ages 50 to 65. I then wrote the board of directors asking them to guarantee me in writing that I would get a full pension at 60. I received a letter from C. Ormond, Administrator, stating that the trustees implemented a supplementary income benefit on the understanding that Alberta had approved the process. However, Alberta have now decided not to approve the payment of the (SIB) in the form in which it has been structured .Therefore, the payment of the SIB has been suspended until a solution to the problem has been sorted out. We are not sure when that will be (so much for my guarantee).

Why weren’t the members told that the supplement had been removed? I posted the letter on the board. I then wrote the Alberta Pension Commission about the supplement. They replied [that] CCWIPP currently has some funding problems. These were caused by a number of things, most notably some inaccurate information and advice from one of their advisers (who has been fired).

When a pension plan is in a deficit situation (i.e. does not have sufficient funds to pay all benefits promised) then it must take action to eliminate the deficit. Pension legislation requires that the deficit be eliminated within 15 years. It looked to me that there were some bad investments made at a time when other pension plans have incurred large surpluses.

The members then received a letter from Joan Tanaka of CCWIPP stating that the pension funds had been transferred from Alberta to Ontario and that the (SIB) had been reinstated and was now called the Supportive Temporary Outlay. It states the solvency requirements are less severe in Ontario.

We have the right to ask questions and to get answers about our pension plan without being labeled a trouble maker. Our local union leaders should be providing the members with this information. I wonder what is going on in other provinces regarding the CCWIPP pension plan?

In solidarity


About 40 minutes later <downeaster> connected with <weiser> an MFD forum regular who would figure prominently in what happened next.

Quote:
Posted by weiser
Sat, Apr 27, 2002 6:38pm

Hi downeaster, all the CCWIPP files may not be unpacked yet, but you can contact these people. They have the CCWIPP files. A guy named Larry Martello is managing the CCWIPP file. You can call the FSCO and get Larry's e-mail.

What's astounding about the CCWIPP plan is that unlike other plans, it gets huge amounts of money dumped into it every year that won't benefit those on whose behalf it was remitted. To get a pension benefit, you have to be "vested". To be vested, you have to be in the plan for at least two years. If you quit before vesting occurs, all the money remitted on your behalf stays in the fund.

As we all know, retail food has huge turnover of employees. All these employees get from 40 to 50 cents per hour dumped into the plan, but the vast majority of them leave before vesting occurs. This money cannot be used for anything but improving or maintaining the pension benefits of vested members.

If you think about it, CCWIPP should not be facing solvency problems. They should be scratching their heads about what to do with the huge amounts of contributions from members who quit before they become vested.

What in hell happened to the plan? How much has been lost in bad investments like hotels, shopping malls and bankrupt meat plants?

It was one of those Internet “connections” that would reverberate in distant places. <downeaster> and <weiser> began a conversation that continued online and offline. <downeaster> recounted how he and a small group of members had been trying for a number of years now to find out what was going on with their pension plan. For a long time he’d been bounced back and forth between the pension plan administrator (Prudent Benefit Administration Ser vices – a company owned by the trustees and some UFCW officials) and the pension regulator in Alberta (where the pension plan was registered).

What they had learned from the Alberta Pension Commission didn’t give them a warm feeling. A Pension Officer named Shauna Holmes told him – in an email no less - that the pension plan had lost a lot of money because of some “bad investment advice” and that the advisor who gave the bad advice had since been fired.

Just as he thought he might be getting somewhere, he learned that the pension plan was moving to Ontario.

<downeaster> had already been in touch with the Financial Services Commission of Ontario (the government agency that regulates pension plans in Ontario). He wasn’t getting a warm feeling from them either. He’d already exchanged some emails with the Larry Martello who he mentioned in his email and was feeling ignored.

The online conversation kept on rolling. A couple of days later I suggested to <downeaster> that he write to Piggy himself and ask for some explanations:

Quote:
Posted by remote viewer
Tue, Apr 30, 2002 10:16am

East coast brothers: is this what you were told by the Alberta Pension Commission? If so, it's very interesting. I'm not so sure that it's good enough for the Trustees just to say, "oh some guy we hired made some bad investments and we fired him". The Trustees have a fiduciary duty to look after the plan in the best interests of the plan members.

Who was this guy? Who hired him? What decisions did he make? What advice did he give the Trustees? Should the Trustees have known better? What are the trustees doing about the damage caused by this adviser? Are they suing him or his company to try to recover their losses?

You may want to write to the CCWIPP (with the copy to the FSCO) with these questions and also, while you're at it, ask for a full disclosure of the investments that have contributed to the funding problems, who recommended and who approved those investment decisions and - let's not forget - did any money from the fund go to businesses in which CCWIPP Trustees have an interest?



<downeaster> wrote to Piggy and Piggy wrote back on June 18, 2002. He didn’t really answer <downeaster>’s questions and seemed to blame the pension plan’s solvency problems on laws that required pension plans to stay solvent which Piggy didn’t think should apply to his pension plan. Piggy didn’t know about it at the time but <downeaster> would share not only the text of his response but also the letter itself with – the whole world.

Quote:
Posted by downeaster
Thu, Jul 18, 2002 4:31am

I sent a letter to CCWIPP on May 10.2002 and a copy to l. Martello of FSCO .I got a reply from FSCO saying that they would be looking into my concerns and would be getting back to me . They also sent me information on the responsibilities of the FSCO and the administration people of a pension plan. I gave this to a friend and he lost it so I can’t recall all that was in it in detail.

I received a letter from CCWIPP asking me to send a copy of the e-mail I received from the Alberta Pension Commission .stating that one of their investment advisers gave CCWIPP some bad advice who (has since been fired). I sent CCWIPP a copy of the e-mail and I sent a copy to FSCO. I received a letter from Clifford Evans on June 18.2002. The letter is fairly long. They said the trustees appointed an independent actuary for the purpose of filing the required valuations. This change was made because of deteriorating health of the former actuary. The former actuary served the ccwipp for over 20 years and was hired by the board of trustees.

THE LETTER WENT ON TO BLAME PENSION LEGISLATION FOR MULTI-EMPLOYER PENSION PLANS AS BEING TO HARSH. THE LETTER WENT ON TO SAY THERE IS NO FUNDING PROBLEM IN RESPECT TO CCWIPP ON A GOING CONCERN BASIS, WHICH IS HOW THE PENSION PLAN IS FUNDED DAY TO DAY. They sent me a copy of a financial statement that was published in the UFCW mag dated Jan 1, 2000 to Dec 31, 2000. I then wrote Clifford Evans back on July 10.2002 saying that my questions had not been answered so I am asking them again and adding a few more. There is another multi-employer plan called CWIPP with one C that is much the same setup as CCWIPP that has different unions involved. You have to be a member of the CLC and I haven"t heard that they were having problems with the pension boards or with their funding. I am waiting for a reply from the FSCO.


Contact from Piggy’s world made <weiser> madder and madder. <weiser> too had worked in Piggy’s world for a while and also in some government offices. He knew how things worked – and didn’t work. He had a pretty good idea of what <downeaster> was up against. It sure sounded like he was getting the runaround. Considering that the pension plan had just migrated to Ontario, that was troubling.

In another forum post downeaster referred to a recent financial statement and some recent correspondence that he’d received from the pension trustees.

We then received our 2000 statement from CCWIPP. The statement said that if you were not eligible to retire in 1997 you would take a reduction of 30% at age 60, 60% at age 55 and 90% at age 50

I asked him if I could see the financial statement and he obliged by faxing it to me. I was more than a bit surprised at what I saw. Financial statements are lengthy documents with a lot of information. Typically they run to several pages and contain information about the pension plan’s assets, liabilities and the performance of investments. The statement that <downeaster> faxed me was a single page containing very minimal information. Half the page was taken up by a blurb that sang the praises of the pension plan and of its founder, Piggy. (The full document, and Evans lying letter to downeaster is at this link).

On the surface, the numbers looked impressive – assets just over $1 billion (at market value), $80 million in contributions flowing in from the employers, $70 in investment income – who wouldn’t be impressed by that? But what was behind those numbers I wondered and what was up with the bare bones presentation?

<downeaster> didn’t know that he and other members were receiving was a very abbreviated version of what was likely a much more detailed financial statement. “Real deal” financial statements had to be filed yearly with the pension regulator. As a member of the pension plan he was entitled, by law, to copies of these statements, and any other documents that were on file at the regulator’s office, on request. Within days, <downeaster> had the real deal financial statements and a mountain of other documents about his pension plan and so did <weiser> and I.

[quote]A blurb on the watered-down financial statement that <downeaster> had received from Evans proudly statement that, This independently-administered plan is paid for by your employer, but only you will get the benefits on retirement. Unlike some employer-paid plans, CCWIPP assets are managed by trustees, and no one can touch any surplus – it belongs to the members.

We’d soon find out who was getting the benefits. And the members didn’t need to worry about who was touching the surplus. There wasn’t one and there wasn’t going to be one for a very long time.

At this link is just one of the long discussion threads in which <downeaster>, <weiser> and I got hooked up. It was only one of many such threads in which conversion and debate about what was going on in <downeaster>’s workplace raged over a period of several months in 2002. I don’t think that we really understand the impact that these online exchanges have on people or the relationships that they build. And the truth is that their potential is still mostly undeveloped. Most people think of online “chat rooms” as superficial chatter about inconsequential things, or information exchange about practical things. Many activist sites over-moderate their online conversations, quick to shut down visitors who don’t tow the party line or who express views that are controversial. – and there’s plenty of that in cyberspace but what happens when the conversation extends to serious matters and is allowed to take its own meandering course?
MFD was something of an anomaly.

In the world before the Internet, <downeaster> and <weiser> would never have crossed paths. By the time he began to visit MFD forum <downeaster> had spent four years writing, phoning and emailing the Alberta Pension Commission and getting nowhere with his enquiries. He’d been told by an APC representative that his pension plan had solvency problems and that some solutions were being devised but that was all he was able to get in terms of information.

But for the Internet, he would have spent years being ignored, brushed off and given the runaround by indifferent bureaucrats. At some point he would have abandoned his search for answers or accepted the wishy-washy reassurances that Piggy provided.

At the time that he came to MFD forum, he wasn’t even aware that the financial statement that he and 180,000 other members were receiving each year was not the actual audited financial statement that the pension trustees were filing with the pension regulators. He didn’t know he was entitled to copies of everything that his pension administrators filed with the regulator or that he could access this information on demand. Even if he knew this, getting hold of it would have been costly and difficult for him. He could visit the offices of the Alberta Pension Commission or the Financial Services Commission of Ontario and look through their files but that would involve travelling thousands of miles to look at hundreds of pages of confusing documents. He could have the documents shipped to him sight-unseen but that would involve paying hundreds of dollars of copying charges (the FSCO charges 50 cents a page for copies).

As it was, <weiser> was able to get the documents for him and the two of us set about to analyze them. While neither of us were experts in pension administration or pension investing, we weren’t entirely in the dark about these areas either. The picture that emerged was most distressing.

<weiser> was a real pit bull when it came to situations where the little guy was being jerked around by fat cats and bureaucrats. He knew how these guys operated and how to light a fire under their asses. Through their on-line association, he became a staunch advocate for <downeaster> who would learn very quickly what was wrong with his pension plan.

As Piggy wrote his “brush off” letter to <downeaster> in June 2002, he had no idea of what was happening in the digital world or the people who were now in <downeaster>’s corner.

MFD Articles About Pension Adventures Circa 2002
The web of discussion threads that brought about this cool new connection


Figures Don’t Lie
Pension Trustees Outreach Project
Leading Edge or Bleeding Edge
CCWIPP The Questions That Aren’t Going Away
CCWIPP Business Insider
Who Is Propco 49?
MGI Owes Creditors $12.7 Million


Image

TBC

_________________
Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X
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wm pasz
Post Posted: Tue Jan 27, 2009 9:09 pm

Joined: 29 Jan 2006
Posts: 1219
Location: Toronto
wm pasz

Combing through stacks for financial and other records can be tedious and overwhelming. But if you’re really into finding out what some greedy little piggy has been up to, it’s a task that you should approach with enthusiasm. Successful piggies know that the devil is always in the details and it’s those details that they don’t want you to see. So no matter how confusing and daunting the task may seem at first remember that there really isn’t a lot that the average person can’t comprehend given time, patience and google. If that doesn’t make you feel any better, think about how horrified your piggy would be if he or she knew that you were sitting at your kitchen table pouring over the inside dope.

My Internet connection with <downeaster> and <weiser> was a real breakthrough. The financial and other records that <downeaster> was able to obtain from the Financial Services Commission of Ontario provided a detailed and – most importantly – factual picture of the scope and scale of the CCWIPP pension plan’s trustee-directed investments and the multi-millions that were sloshing around in the hotels, resorts, magic shows, development land, shopping malls, fish factories and other creative destinations. They also shed a harsh light on the plan’s solvency (or lack thereof) and the extent to which sleepy government agencies were aware of what was going on.

This new information led to further Internet exposes and further connections – including a really explosive cyberspace meet-up that I’ll tell you about in this post.

In the box of documents that we received from the FSCO were financial statements for the years 1991 through 2001. Oddly, statements for 1992 and 1993 were missing and have never been provided to <downeaster> despite multiple requests (that’s too bad because those were the years in which the trustees got into the sack big time with Father Ron Kelly – I’m sure the fact that they’re “missing” is all just a coincidence though).

But the financials for the years 1995 through 2001 were remarkably detailed, showing each one of the trustee-directed investments and providing a “cost” (the amount of money that the plan had invested in each hotel, resort, shopping mall etc.) and “fair value” (the market value) of each one. We now knew what all those Propco companies were about. Money from the pension plan flowed through these companies into other companies that controlled the hotels, resorts, etc. There were well over 50 trustee-directed investments and a specific Propco was connected with each one. In a couple of cases, several Propcos and a numbered company pumped money from the pension plan into one investment.

Each statement was made up of two parts. The first part provided information about assets, liabilities, expenses as well as general information about the investment returns. The second part provided detailed information about the performance of each of the trustee-directed investments. This is the financial statement for 2001 Part 1 and Part 2..

It would be an understatement to say that we were gob-smacked at what we found. In the interest of doing things efficiently we agreed that I would concentrate on analyzing the statements and <weiser> would start making noise at the FSCO about any anomalies that we found. There was no shortage of these.

Quote:
The Fund has approximately $72 million of investments that are in default of their principal and/or interest payments. These investments are secured and the Fund is carrying out whatever procedures it considers appropriate to realize on its security and recover its investment. In usch instances, the investments’ fair values have been reported at their estimated recovery amount and interest is no longer accrued.


This statement appeared year after year in the financial statements. $72 million of investments in default of their principal and interest payments meant $72 million in loans that were in default. Why wrtr there $72 million worth of deadbeat loans – year after year? If these were secured, why weren’t the losses recovered? The statement indicated that the fund was attempting to recover these amounts through appropriate procedures but the fact that the same statement with the same amount appeared in its financial statements year after year suggested that nobody was trying very hard.

Quote:
Several of the Fund’s loans and mortgages held by the investment corporations [the Propcos] contain provisions whereby interest is deferred unti a specific date in the future and is capitalized as part of the loan until that date. The amount of capitalized interest included in the above is approximately $29,000,000 (2000 - $29,900,000).


Holy cow! The trustees were lending millions of dollars and not even collecting the interest! That was “deferred” to some later date. And…they were capitalizing the interest instead of collecting it. I was very curious about what this capitalized interest was so I consulted google and came up with…Enron.

We learned that the Propco’s were Special Purpose Entities which were -

Quote:
Special purpose entity (SPE):

Also known as a “Special Purpose Vehicle.” A business interest formed solely in order to accomplish some specific task or tasks. A business may utilize a special purpose entity for accounting purposes, but these transactions must still adhere to certain regulations.

Used properly these subsidiary companies are used to isolate financial risk. Their asset/liability and legal status make its obligations secure even if the parent company goes bankrupt. Used improperly SPEs can serve to inflate revenue, hide debt or understate risk exposure. Enron used accounting loopholes to use SPEs improperly.

This is the accessible text file for GAO report number GAO-03-138 entitled 'Financial Statement Restatements: Trends, Market Impacts, Regulatory Responses, and Remaining Challenges' which was released on
October 23, 2002.


We learned that "capitalized interest" is interest that is not paid until some pre-determined point in the future. It accumulates and is added to the principal amount borrowed. For this reason, capitalized interest increases the cost of repayment because the principal sum is bigger. But what if the borrower defaults? With our limited knowledge of these matters, we assume that the fund may not see any of the interest owing on the investment. Assuming that the loan is secured, it may get back the principal amount.

The more I read about Enron, the more the radar began beeping.

Quote:
----- Original Message -----

]I've been reading my Enron book and something that is really interesting is Enron's use of single purpose Propco-like entities. They had dozens of these things. They were created by Enron's evil CFO who used them to:

- hide debt
- hide bad deals
- funnel money to prop up bad deals.
- borrow huge amounts of money to to prop up failing investments or finance other businesses that he also controlled.
- buy Enron's failed ventures at grossly inflated prices (thereby allowing the company to post "profits" generated from these sales even though they were loaning the Propco-like companies money to buy them).
- line his own pockets with millions of dollars in commissions and management fees.

All this monkey business was done "off the balance sheet" on the basis that these “single purpose companies” were independent entities just doing their own thing.

The whole thing reeked and was rife with conflicts of interest but Enron's accounting firm, Arthur Andersen, gave the strange arrangements its blessing because they were making a pile from doing business with Enron (their billings for consulting work were way bigger than what they earned for accounting and the annual cooking of the books).

Sound familiar? I wonder how much money [names withheld] have made through their “single purpose corporations”? I wonder what kind of debts the Propcos have racked up over the years. Remember the Propco that borrowed a few million to help [names withheld] buy the office on [a certain Toronto street]? They think they're being clever: If the Propco borrows money, that doesn't have to be reported on CCWIPP's financial statements because the Propco is a separate company. The problem is that if the Propcos are subsidiaries of CCWIPP or beneficially owned or whatever, CCWIPP is still liable for their debts. Fly that one past the FSCO on Monday. Just to get their week off to a good start.

Oh, while I'm thinking of it: According to the book, it was the Propco like entities that sunk Enron. When its house of cards finally collapsed, it was stuck will billions of dollars of debts incurred by these companies - this and the news that it had been cooking its books for years to hide it, drove its stock down to about 11 cents (a few months earlier it was at $72).


Then there were the “non interest-bearing advances” that were given to two businesses (Prudent Benefit Administration Services and Benchmark Decisions) that did administration for the pension plan. These totaled $2.1 million in 2000.

Now, why would a pension plan give a non-interest bearing advances to some business that handles its administration? Non-interest-bearing anything seems a bit generous if you’re supposed to be looking to make a high rate of return and why would these businesses need no interest advances if they’re …viable businesses?

Thanks to a handy online corporate search site at www.gc.strategis. ca, that little mystery was solved. The pension trustees owned these two businesses!

Then there was the small matter of the unfunded liability (aka, the “solvency deficiency”) which Piggy, in his letter of June 19, 2002, told <downeaster> didn’t exist.

Quote:
The December 31, 2000 actuarial valuation report has been filed with the regulator. The unfunded liability on a going concern basis as at the that date was $97, 589,693


None of the financial statements themselves were signed by the trustees. There were two signature lines on each one “on behalf of the Board” but no signatures.

Well, I guess I could understand why nobody would want to put their signatures to these things. There was also a whole lot of unusual fine print -
Quote:
The Fund does not record its investments at market value, other then those in pooled funds where it would be impractical to do otherwise. The Trustees believe that the large fluctuations that are likely to occur in each year's financial statements due to market value movements would not properly report the Fund's annual performance. They feel that large fluctuations over short periods of time would produce results that would not be truly representative of the Fund's annual operations and could be misunderstood by an inexperienced financial statement reader (my emphasis). The Trustees are of the opinion that the recording of investments at historical cost, which is less then market value, is a more conservative approach and that any gains or losses should be recognized when actually realized. Market values are presented in the statements for information purposes.


This bizarre statement was found in financial statements from 1991 through 1995 (in 1995 "inexperienced statement reader" was changed to "a typical reader"). I wondered what would happen if you put something like this into your next income tax return: "Dear Feds: I'm not reporting my exact income for this past year. This is because large fluctuations in my income over short periods of time would produce results that would not be truly representative of my financial situation and could be misunderstood by inexperienced income tax return readers.”

CCWIPP's financial statements from 1991 through 1995, all contained this additional disclaimer:
Quote:
As outlined in the summary of significant accounting policies, the Fund does not record its investments at market value. In this respect the financial statements are not in accordance with generally accepted accounting principles. As a result, investments and net assets are understated. Since independent appraisals were not carried out on the real estate investments, we were unable to determine the actual adjustment required.


This was odd. If the fund didn’t record its investments at market value, how could anyone know that the net assets were understated? What if they were overstated It seemed like a bit of an assumption. But then, maybe an inexperienced statement reader like me just wasn’t looking at this the right way.

Despite this big disclaimer, financial statements from 1995 onward show both the "cost" and a "fair value" for each investment. Presumably it was on those "fair values" that CCWIPP's reported rate of return is based. This practice cast doubt on the accuracy of the rates of return for the specific investments. It cast a lot of doubt on a lot of things.

Reporting both "cost" and "fair value" for the trustee-directed investments, gives the impression (to the inexperienced statement reader at any rate) that an actual fair value is being reported. But other notes and finer print in the statements, year after year, clarify that this is not the case and that the fair values reported are in many instances just an estimate prepared by management. In other instances, the Auditor advised that fair value information is not available because the investment is a "private placement". In many cases from 1996 onward, the cost and fair value of various investments are shown as the same number, year after year after year. I didn’t quite get how this can be, especially with real estate where market values are always in flux.
Quote:
If the market values shown are just a good guess, for information purposes only, how is anyone to know what the rate of return on those investments really is? If independent appraisals are not carried out, how does anyone know what the investments are worth?


In 1996, the trustees finally changed their accounting policy to record investments at their real fair value. The change was, however, applied prospectively (looking ahead) rather than retroactively (based on actual values arrived at through some process of appraisal) as is required by generally accepted accounting principles. Further, the financial statement for 1996 also stated "since independent appraisals were not carried out on the real estate investments in 1995, we were unable to determine the actual adjustment required and, therefore, adjustment to net assets at the beginning of the year is based on management's best estimate of fair values of December 31, 1995."

Even more confusing is this statement, variations of which appear in all CCWIPP's financial statements from 1991 through 1996:

Quote:
“Fair values disclosed in the statements for 1995 are for information purposes only and are based on estimates provided by the Fund's management." Had the Fund's investments been recorded for 1995 at their estimated fair value, the financial statements for 1995 would have been adjusted as follows:

Investments and net assets available for benefits would have increased by approximately $18,000,000 and investment income would have increased by approximately $17,000,000.


But how did the auditors know this when they had already stated that they didn’t know it and, in some instances, couldn’t know it (because no appraisals were done) is another question that this inexperienced statement reader couldn’t quite comprehend.

If you don't know what the fair value is, how can you say how the net assets would have been affected if it was included? Alternatively, if you know what it is, why was it not included? Enquiring minds – and inexperienced statement readers - want to know!
The plan's auditors, BDO Dunwoody, gave these financial statements their seal of approval:

Quote:
In our opinion, except for the failure to record investments at market value and except for the effect of adjustment, if any, which we might have determined to be necessary had we been able to satisfy ourselves concerning the completeness of contribution revenue as referred to in the preceding paragraph, these financial statements present fairly, in all material respects, the financial position of the Fund as at December 31, 1995 and the changes in net assets for the year then ended in accordance with generally accepted accounting principles. (Auditor's Report 1995)


Another broad disclaimer that appears in the covering letters that accompany all of CCWIPP’s financial statements is one that states that CCWIPP’s auditors do not check to ensure that the amounts contributed by the employers are correct (that pension contributions in the correct amount are being made for all employees). This is a problem in that, without checking, it is entirely possible that employers are submitting too little or too much.

The FSCO raised this as a problem with the CCWIPP administrator in 2002 stating that the regulator could not accept this kind of qualifier in an audited financial statement. CCWIPP’s actuary, Anthony Cooper, responded with a long garbled statement that translates roughly into “it’s too much work and we don’t feel like doing it”.

Combing through the financial statements it was difficult to track the performance of the various investments from year to year. There were so many of them and, on the surface, the cost relative to the fair value of each one looked OK. If you looked at the statements one year at a time, the value of most of the investments appeared to have stayed relatively stable. Some went up slightly, some went down slightly and many seemed to have stayed the same. To the unsuspecting eye, it could easily appear that all was well. But for the suspicious eye, further analysis was needed.

To get a suspicious bird’s eye view of how these investments were performing year over year, I decided to track them on a spreadsheet.Up to this point, I had always thought that spreadsheet applications like MS Excel were for bean counters and other nerds of the management kingdom but in short order I became a true believer in these tools of the electronic age.

It was time-consuming and painstaking work but in the end it was well worth the effort. For each investment I created a line item showing the description of the investment (as described in the financial statement), the type of investment (loan, mortgage, shares, etc.), the interest rate, the Propco investment company through which money was invested and then the cost and fair value of the investment as reported year after year between 1995 and 2001. I split out the investments related to Ron Kelly to see if there was anything particularly special about these.

This was a long and tedious process but a lot of interesting trends quickly came into focus.

For many investments, the cost and fair value were identical year after year. This was odd as you would expect that fair values would fluctuate – hopefully increase over as period of six years. These must be the investments for which valuations were not been conducted or, if they were, fair values were not recorded in the financial statements as they should have been.

According to Excel, almost $500 million dollars was sloshing around in these trustee-directed investments – almost half of that in Ron Kelly’s empire.

A number of investments in raw development land showed an alarming decline in value. A $4 million investment in undeveloped land in Darlington Ontario (just east of Toronto) lost 90% of its value. Another parcel of land, in nearby Newcastle Ontario, dropped in value from $2 million to $200,000. Yet another large lot by Toronto’s international airport declined from $6.8 million to $2 million. It was a wonder how anyone could lose money on development land in the Toronto area but these pension trustees were running up quite a track record. The residential lots for sale on Vancouver Island showed a cost of $2.3 million and fair value of $310,000.

But there were other oddities as well.

A $26 million investment in 2001 in a business called Redi Foods was worth only $7 million.
In 1998 $3.8 million had been invested in something called “Late Nite Magic” but was written off a year later. An equity investment of $1.5 million in a business called CME Telemetrix was worth $150,000. An investment of $4.4 million in Sea King Fisheries was now worth $358,000. A $2.2 million investment in WebGalaxy disappeared off the financial statements in 2000. A $1.8 million investment in Acubid, an Internet auction site was worth $355,000. Anywhere from $2.4 million to $300,000 was “invested” in Propco 100 described as a “management corporation” (why would the trustees be investing in their own management company?). An investment described only as “Inactive” showed a negative investment through Propco 10 of -89,000 in 1997. There were other “inactive” investments as well – showing investments of $4,000 here, $14,000 there – that seemed to slip off the books in the mid-1990’s. Something called “The Oaks, Florida” dwindled from $2 million to $2000 in the course of a year. There was an item called “Cash on hand” of $1.7 million in 1997 had slipped to $5,000 in 1998 and then to -$80,000 in 2000 and -$10,000 in 2001. Something called REAP No. 1 showed a loss of $7000 in 1995 and disappeared. There were a couple of sports bars with $2 million invested in one and $14,000 in the other.

There were some familiar names – AFM Hospitality ($4.8 million in shares), the now bankrupt MGI
Meatpackers ($5 million). The Galleria Shopping Mall ($45 million), Webgalaxy ($2.2 million), the Triumph Hotel (originally $15 million when purchased by Ron Kelly in 1992 but apparently sold in 1998 to a company called Royal Host and now showing an investment of $25 million). Some of Kelly’s other hotels were in the line up as well. $500,000 in North Bay, $2.7 million in Aurora, $2.8 million in Hamilton.

There was a dizzying number of investments in the Caribbean – it appeared that in 2000, these investments totaled over $120 million, all of it in equity (preference shares). Several Propco companies and an Ontario numbered company were pumping money into this cluster and the amount was increasing - $65 million in 2000 had grown to $70 million in 2001. What the hell were these about <weiser> mused in wide-eyed wonder?

Early in 2002, the MFD web site received an intriguing email from a real estate agent in the Bahamas who had come across some of our articles about Ron Kelly and the CCWIPP pension plan -

Quote:
-----Original Message-----
Just for thought!
How could the hotel here in the Bahamas be 38 million over budget and nobody in the pension fund question that???
Ron Kelly can be found in Panama.
Email me for his phone number.


A social butterfly (or moth) weiser struck up a rapport with what would quickly become a network of Bahamian business people and journalists who shared our interest in what Piggy Evans was up to. Another bombshell was on its way.

_________________
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Post Posted: Fri Feb 06, 2009 7:58 pm

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Location: Toronto
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Quote:
"It seems like this is some sort of deal where they simply lend money to their mates." – a Bahamas journalist commenting on CCWIPP trustees.


Through his growing network of contacts in the Caribbean weiser picked up some intriguing scuttlebutt. Money was pouring from the CCWIPP plan into two properties in the Bahamas – the British Colonial Hotel in Nassau and a dilapidated resort and golf course called the South Ocean Golf and Beach Resort. Both seemed somewhat risky as pension investments. The South Ocean resort was in a bad location and had a history of bankruptcies. The British Colonial was run down (only one wing was open) and needed huge renovations – a local structural engineer said that owners would be better off demolishing the building and starting over. The two properties were said to be for sale but at exorbitant prices. Potential buyers who were interested in purchasing the properties at market prices had been rebuffed by the cadre of officials representing the pension plan and its tentacles. It seemed that the owners wanted to create the impression that the properties were up for sale but had no real intention of selling them.

On October 9, 2003, one of weiser’s contacts emailed him a scan of a story that appeared on page one of the Bahamas Tribune that day. The story reported that the British Colonial Hotel had just posted a $34 million deficit and that a search was underway for a buyer for it and the troubled South Ocean property. According to a secret report that was presented to the Bahamas government a week earlier, the Canadian pension fund that owned the two properties had poured $155 million into the properties to date and planned to continue subsidizing their operations and funding further renovations. Representatives of the pension fund requested government assistance in loosening up various regulations and “moral support” for a “right-sizing” plan that would see half the workers at the South Ocean resort laid off.

We quickly posted a news item on the MFD site with the details and a link to the grainy scan that weiser had received just hours earlier. We just had to have that report. A couple of days later…we did!

The confidential report, submitted just two weeks earlier to the Bahamas government, was eye-popping, jaw-dropping, chock full of revelations.

Quote:
----- Original Message -----
From: weiser
To: remote viewer
Sent: Thursday, October 16, 2003 10:39 PM
Subject: PRK Report

Sorry, for the delay. I had to scan it and put it in Word.

----- Original Message -----
From: remote viewer
To: weiser
Sent: Friday, October 17, 2003 5:51 AM
Subject: Re: PRK Report

Totally amazing! Can we post it? I'd like to post it as the weekend item unless you have some concerns about that. Let me know so that I can start working on a suitable blurb.


Among the highlights:

Quote:

  • Since the late 1980's the resort [South Ocean] has experienced continuing financial difficulty under various owners and has endured a succession of bankruptcies.
  • Purchased out of bankruptcy for approximately $18 million by RHK Holdings Ltd. in 1998, the resort is owned by the South Ocean Development Company Limited, a wholly owned subsidiary of PRK Holdings Ltd. [a subsidiary of the pension plan].
  • PRK was established as at December 31, 2000 to resolve various financial defaults of RHK involving RHK's major lender [the pension plan]. At that time, RHK was in serious financial difficulty and unable to support SODC without the financial support of its major lender, the Toronto Canada-based company, Propco 39 Ltd. which is a wholly-owned subsidiary of a major Canadian Pension Fund with assets in excess of US $1.0 billion.
  • Propco, which controls PRK, has, since the outset of its involvement with RHK and SODC, advanced in excess of $30 million to SODC through PRK. These advances include approximately $10 million for capital improvements to SOGB and $20 million cash to subsidize operating losses of SODC during the five years since the resort's 1998 acquisition. Accordingly, Propco has provided, or is responsible for, the total invested capital in SODC of approximately $50 million, including the BNSloans [$15 million that RHK borrowed from the Bank of Nova Scotia in addition to the multi-millions from the pension plan].
  • SODC's accumulated deficit as at December 31, 2002, as per its audited financial statement, was $26.0 million. This deficit includes losses of $4.7 and $3.5 million for the 2002 and 2001 fiscal years, respectively. The anticipated loss for fiscal 2003 is $7.0 million of which $5.0 million will be cash provided by Propco, the balance of $2.0 million being non-cash expenses.
  • The anticipated loss for the 2003 fiscal year will exceed forecasted revenues. Notwithstanding this exceedingly bleak expectation and financial history, Propco has funded all losses to date and will continue to underwrite and pay all creditors' claims.
  • To put another perspective on the extent of the loss situation, the $5.0 million cash subsidy required of Propco for 2003, will exceed the total annual payroll (including all payroll benefits and gratuities collected from guests and paid over to employees) of the entire resort operation.
  • Similar, albeit larger, capital investments have been made by Propco in the British Colonial Hilton hotel. This property was acquired by RHK, circa 1997, and was established with an ownership and financing structure not unlike that of SODC. The BC Hilton asset ownership is within British Colonial Development Company Limited ("BCDC"). The current ownership structure of BCDC parallels that of SODC.
  • Propco, in the absence of RHK's financial capability, is responsible for 100% of the debt of BCDC Which, as at December 31, 2002, amounted to approximately, $105.0 million. This sum includes bank loans totaling approximately $31.0 million plus direct advances from Propco, through PRK, of $74.0 million.
  • Since re-opening to the public as the BC Hilton, the hotel has an accumulated deficit from annual operating losses of $34.0 million.
  • Upon the onset of RHK's financial difficulties, which pre-dated the completion of the construction of the BC Hilton and the full renovation of SOGB, Propco commenced to provide, and has continued to provide, full loss subsidization as well as the cash necessary for asset replacement and renewal at each hotel.
  • Propco has unwaveringly funded the payment of all debts of both BCDC arid SODC as required. It has paid all taxes and government levies, all utility bills of the publicly-owned utility companies amounting to millions of dollars (unlike, apparently, some other, directly competitive resorts in Nassau), and all payrolls, payroll benefits and license fees. In addition, it has made available to the general public the opportunity for local residents, individually or through organizations, to play golf at South Ocean Golf Club, at prices subsidized by the company.
  • Since completion [of the renovation], Propco has maintained the physical quality of the building to the intended luxury standards despite the significant losses.
  • Propco maintains a growing investment in the Nassau resort industry currently amounting to $155.0 million and expects this investment to increase in the coming year through additional asset purchases and loss subsidies. It should be noted that no interest has been charged by Propco, nor capitalized into the losses of SODC and BCDC, since the formation of PRK.
  • [The] economic basics of hotel operations relative to investment explain why each of BC Hilton and SOGB are significantly far-removed, not only from producing annual profits (each is enduring chronic, annual losses), but also from producing any return on invested capital.
  • The forgoing statistics show the extent of the gulf between current financial performance and that which is required, not only to achieve a return on capital invested, but also to give the assets an economic market value which is consistent with the $155.0 million invested.
  • It can be readily seen that Propco faces a daunting challenge to cause the profitability of these hotels to escalate to acceptable levels.
  • As noted above, Propco is currently responsible for $50.0 million in sunk capital which has been invested to date in SODC and upon which, no returns are being realized. When the current right-sizing plan has been fully implemented, circa October 2004, Propco's Investment in capital improvements and loss subsidization will have escalated to approximately $64.0 million. Thus, what might be viewed as a retrograde and value-impairing step of reducing the number of personnel and available guest rooms at SOGB is regarded by the investors as a necessary measure for improving profitability and, in turn, the ultimate value of the assets.
  • But despite the bleakness of the picture Propco, Adamson states, is committed to maintaining its investment in the two properties and to continue pouring money into them in the hope that one day, in the distant future, it will realize a return on its investment.


I decided that something of this magnitude deserved more than just a brief news item and settled in to write a longer piece that would be called Falling Backwards. The inspiration for the name came from an article I found while googling Warren Adamson (the author of the report). Somehow the idea of Adamson and his pension plan siphoning cronies falling backwards into the outstretched arms of a group of trusting workers seemed fitting a fitting metaphor for what the pension trustees were doing.

Meanwhile weiser continued to pump his contacts for information. The story about the sorry state of affairs at the two hotels was big news in the Bahamas and there was a lot of buzz about what was going on. A new web of players and connections seemed to spin itself right before our eyes.

Quote:
I've sent it off to a couple of guys and here's what they said:

Good Morning [weiser],

Thanks for the report. I heard about it but hadn't seen it. Warren Adamson seems to be one of the good guys in all of this. I have got to know him quite well since he joined PROPCo this past spring . He's a CA and a former PKF (Pannel Kerr Foster) exec specializing in hospitality.

He has his own consulting practise called '' InnOps '' There is website listed on his card, but I don't think it's up and running yet. www.innops.com Warren has asked me to submit a proposal to PROPCo on the re development of the golf course at South Ocean. I did this back in July after meeting with Warren and the person he reports to.

Gene Fraser appears to be the guy in charge of the Bahamas mess. His card says he is Executive V P of PROPCO 100 Ltd. He's based in a little town called Campbellville just west of TO near Guelph.

I have also met and spoken many times to Gary Hassard of PWC . Gary's mandate is to try and sell the properties and get back some of PROPCo's money. As far as South Ocean is concerned, they are still sitting on my proposal, probably because why spend more money when they are trying to dump it.

I have it on some pretty good info that if an independent appraisal were done on what they own at South Ocean there may be 7 - 8 million of value. Have a look at the report you sent me. They have over 50 million into it. I could be wrong, but I don't think it will be sold anytime soon !

The Hilton hotel is another matter altogether!! If you think South Ocean is a problem, it pales in comparison to the Hilton.

Bottom line is PROPCO put up all the money to Ron Kelly & co. and now have inherited a huge mess.


Then there was this one.

Quote:
Good morning [weiser]:

A great day for laundry. The working people who have invested their funds in Propco probably have no idea that their money is being squandered by some very inept
people posing as fund managers. In almost any other sector such investments would be terminated. There are people interested in the Nassau operations however PWC and Propco will not talk to them.

Any word on the Canadian hotels and what Propco is planning to do with them. They too are losing money, big time.

I really wonder what the Leppers and Harveys are getting out of this. I do know from my time in Nassau that there was a constant flow of money returning to Canada, in cash, by staff travelling to and from Nassau.


Who were Lepper and Harvey? Those names sounded vaguely familiar. And the Propcos that were flowing all this money into these black holes, who was behind them? I had seen references to them in the financial statements weiser and I had obtained from the FSCO.
Fortunately they were all registered corporations in Ontario and a quick search at the corporate records office revealed who was behind them. CCWIPP Investment Committee members Cliff Evans, his nephew Eugene Fraser (a businessman from southern Ontario) and Howard Preston (a CCWIPP trustee).

Evans was also a Director of 1328434 Ontario Ltd., a numbered company that was “investing” in the Bahamas properties, along with two other guys: Raymond Kurki and David Harvey.

In some of the documents we had obtained from the FSCO, Kurki was described as an “investment manager” for the CCWIPP pension plan. From corporate search documents we also knew he was a director of various Propco Corporations, the UFCW Local 175 Investment Corporation, and even of some corporations in which CCWIPP has money invested (UPIC and AFM Hospitality are examples). In addition, Ray is listed as the Administrator of various Propco’s including IF Propco Holdings Ontario 23 Ltd which flowed millions to AFM Hospitality (of which he had also been a director). He was also closely connected to David Harvey and BPA for whom he also managed investments.

Andrew Lepper was more mysterious. His name had come up in connection with a number of the Propcos (he showed up as a contact for Propco 32 in some SEC documents that would alert us to yet another stunning waste of millions) but also turned up as a contact person for RHK Capital and the Southern Ontario Property Management Corporation, a property management business that looked after some CCWIPP owned buildings.

Thanks to the combined wonders of the Internet and the electronic database at the Ontario Companies Branch, we knew that Harvey was the CEO of a benefits administration company called Benefit Plan Administrators. BPA administered pension and benefit plans for a number of unions including the Painters, Asbestos Workers, Teamsters, Plumbers and Laborers. He was connected to the shady Tom Corrigan (for whose locals he handled pension administration) and the slippery Cliff Evans (for whom he also handled benefit administration – at the local the UFCW acquired from Corrigan in the late 1990’s) the sleazy Ron Kelly (through some intriguing goings-on between Kelly and Harvey) at an Ontario cottage country resort called the Pinestone Inn).

In 2002, my articles about CCWIPP and Ron Kelly drew a couple of contacts from the small communities surrounding the Pinestone Inn. It seemed that Kelly had purchased the financially troubled resort in 1997 for $3.8 million, amid much hoopla about a big renovation and a big boost for the local economy.

One of the contacts who came to us via the digital world had worked at the resort after it was purchased by RHK.

Quote:
[There was] a plan for Pinestone to make a profit in three years. They actually turned a profit in the first year. Apparently that wasn’t what the plan was supposed to be.

Charges started to be levied against the property to keep it from earning a profit. Lots of legal fees. When invoices for renovations to Dave Harvey’s house, cottage and car and mysterious “storage” fees started to arrive, [the source] complained.

When more of Dave Harvey’s invoices came in [the source] bundled them up and sent them back. He complained to Ron Kelly who seemed genuinely offended. Apparently Ron Kelly was told by Dave Harvey to butt out because the pension plan called the shots not RHK, so Ron would do as he was told. When [the source] complained about the invoices to Cliff Evans, he was fired on the spot.

[The source] then went to work for Ron Kelly in the Caribbean at South Ocean Resort. RHK billed South Ocean $7 million for work that was done elsewhere.

[The source] stated that Dave Harvey is in pretty deep with Ron Kelly. However, Andrew Lepper calls the shots. Lepper loads the gun and Dave Harvey fires it.


Other sources who were employed in the Harvey/RHK businesses told sinister stories about destruction of records (hard drives that were removed on a daily basis from computers in RHK’s office and taken to a location near Pearson International Airport in Toronto’s west end where they were destroyed and intimidation tactics.

Quote:
The computers were from the RHK head office in downtown Toronto and Harvey's airport office. I heard from Rowe [Tobias Rowe, Kelly’s long time friend and business partner] last year that the hard drives had been moved to Kelly's brother's home. The hard drives from Pinestone were removed in 2001 and went to RHK's Toronto Office.


Quote:
[The source] was afraid about what was going on and went to the RCMP. A few days later a man came to his home and introduced himself as an RCMP officer. The man said he wanted to talk to him about what he’d reported. The man looked vaguely familiar and [the source] became suspicious. Looking out at the car parked in his driveway it appeared that the RCMP insignia on the side of the car was tacked on. The source told the stranger to beat it, closed and locked the door. He reported the incident to the local OPP detachment and was later advised that the vehicle had been found, abandoned, in a field east of Toronto. The source said that he recognized the mysterious visitor as a former security officer who had worked for RHK. The source went into hiding, fearing for his life.


Not long after the Adamson report fell into our laps, another contact reached out to MFD about the Pinestone Inn. It seemed that the place was in financial trouble again and local people were concerned. This source sent us some property records which showed the same sort of over-mortgaging that we’d discovered in relation to Ron Kelly’s other properties. Over the course of a couple of years, more than $40 million in mortgages had been registered against this property by a numbered company belonging to David Harvey.

The discovery of Warren Adamson’s secret report was another one of those big “double take” moments in my cyberspace adventure because it was just so secret and so far away but in the digital world getting hold of it was just so effortless. The other documents that I’d gotten my hands on so far would have been really difficult to access but they were nevertheless public documents. Adamson’s report was written for a select group of eyes only and mine weren’t among them. Yet, within a couple of days after weiser’s hearing about it for the first time, there it was – big as life – in my email inbox.

The Adamson report made for fascinating reading and fueled my interest in what was going on in the Bahamas. I recalled vividly my lunch date with the indiscreet UFCW local president in the fall of 1999 and his off-handed reference to some Bahamas resort which, he told me, was owned by the union's pension plan. "We’re dirty, like the Teamsters…" he said. The words resonated.

TBC

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Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X
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