Genneva Malaysia V3, Raided on 1st Oct 2012.
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 Jan 8 2013, 08:29 PM
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#221
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster  
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Resident 'legal expert' Dee Casey seems to have proclaimed Stage II to be Judicial Review. I wonder if he even know what that term means, and whether or not he even bothered to check if our current legal system actually allows for it.
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Jan 8 2013, 09:27 PM
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#222
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(joeaverage @ Jan 8 2013, 08:57 PM) I tried posting this on the FB Page but they deleted it and blocked me immediately.. maybe one of you guys can try being the 2nd legal mastermind after DC.. especially since he appears to be the worst legal person ever and is misleading all those greedy and lazy folks.. Won't work. We'll get banned too if we post that up. They won't tolerate having anyone around who is smarter than Dee Casey, and that's not setting the bar very high. Police Report Please take note of the issue of estoppel. It is incorrect to state that there is no harm in making the police report now or to suggest that the civil suit against GMSB will not be affected. By making a police report stating among other things "It is to my understanding and I verily believe that GMSB is a gold trading company that is legal and law abiding.... I believe that the said gold, monies and documents belonging to GMSB...", you are effectively giving GMSB a shield and a sword to use against you when you commence a civil suit against GMSB. Your civil suit will be for among other the return of monies and/or gold that you will allege it belongs to you (otherwise why are you even going to Court) and GMSB at this point will raise the issue of estoppel and assert that you are estopped from making such allegations as previously you have made a report saying so and so.. Judicial Review Someone should tell the legal geniuses of Order 60 Rul 3 (6) Rules of the High Court 2012 on Judicial Review which says: "An application for judicial review shall be made promptly and in any event within three months from the date when the grounds of application first arose or when the decision is first communicated to the applicant" Good luck getting the extension of time. Any lawyer worth his salt will tell you that precedence and doctrine of stare decisis clearly shows how the Courts have ruled in this regard. **What pisses me off is that my statements are not instigative but merely stating the actual positions of the law.. if the FB Page admin really want to help and inform those affected, they will tell them the truth.. morons.. all of them   Btw, I thought Dr. M wiped out the judicial review process? |
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Jan 9 2013, 04:29 PM
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#223
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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Which idiot set up the fake Pat Lu account? No offense meant if it was one of you guys, but really...you shouldn't have trolled d*** Yap's post. Now they are just using it as an excuse to talk about fake IDs instead of trying to even explain why the trust account was closed without notice. That was an issue that is worth pressing on.
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Jan 9 2013, 06:01 PM
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#224
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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BNM: Initial report from forensic accounting conducted by international accounting firms on documents seized from Genneva have shown that GMS' account are bla bla...
GMS: Liar liar pants on fire! Genneva directors: We believe that the figures might have been exaggerated. We're just saying this. We have no proof cos err...BNM took all the documents... GMS: Hidup Genneva! We worship at your feet. Can we make babies together? When their mentality is like that, I think its safe to conclude that there is no helping them. Waste of time even trying to talk sense to them. |
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Jan 9 2013, 06:29 PM
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#225
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(spurswong @ Jan 9 2013, 06:23 PM) Sad thing is none of them in the GMSB facebook is questioning why the Trust Account was removed. Correct me if I am wrong, if the trust account was not closed, even the directors cannot 'move' funds from this account, right? I think it depends on what names are on the account itself. After all, who gets to certify that the money can be moved from the trust account to the corporate account once the gold has actually been delivered?The only thing we know for certain is that the lawyer, Hargopal, has a hand in it. If I understand Mr Yap's post correctly, the lawyer claimed that he opened that account himself. I believe this also makes him liable for whatever happened to the funds in it. |
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Jan 9 2013, 06:46 PM
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#226
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(terry8 @ Jan 9 2013, 06:42 PM) Then most of them will have a great case against Mr Hargopal - they can go after his personal assets. More importantly, they can get him disbarred. |
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Jan 9 2013, 07:23 PM
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#227
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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OK, I have a little bit of free time so I went and read up on what Judicial Review is in this country.
http://www.malaysianbar.org.my/legal/gener...ial_review.html If I understand that correctly, its not the issue of the date that matters. Its whether or not those folks at GMS have the right to do so. Seems to me that only Genneva have the right to request a JR for the exact same reason as to why it has to be the company who files the police report and not the customers. Not to say the police reports made by GMS won't help. Genneva will need them for when it applies for the JR, but it has to be the directors who do so. The judge will simply throw out the appeal if it is filed by GMS instead. Which brings up the question, by what right is GMS asking for people to make police reports now for the sake of a JR? One can only come to the conclusion that the GMS steering committee are the directors themselves and not merely 'supporters' as they claim. |
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Jan 9 2013, 08:34 PM
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#228
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(scorpio55 @ Jan 9 2013, 08:26 PM) Lawyers are allowed to practise from their house address. Disgruntled GENNEVA Investors should check out the office and see whether it is the same HARGOPAL. They would then know where to direct their ire. Lol don't lar copy-paste form the bar council site like that. |
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Jan 9 2013, 09:48 PM
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#229
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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Haha, let's not engage in speculation here. We don't exactly have conclusive proof that the report has anything to do with Pat Lu just yet. For that matter, I doubt that this one is hers because the contract was dated this year. Pat would have bought her gold ages ago. For that matter, she claims to be holding her physical gold too so she's not allowed to make a report according to Dee's amazing super sure-win strategy.
 Of course, there's a possibility that this particular contract was relating to a recent purchase for which she gave money to her son to do so but as I've said, there's no proof for this. |
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Jan 9 2013, 11:44 PM
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#230
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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Well, I don't think the police reports are so much needed for the JR, but more like if Genneva decides to apply for one than it might be used to back their application. Whether or not it is actually relevant or it would be disregarded is something that I am not certain of. The only thing I am rather sure of is that GMS does not have the power to call for one.
I have to wonder about Dee's line of reasoning: QUOTE (1) if GMSB is guilty of an offence under AMLATFA or BAFIA, the company will end up being a goner and there is no point suing GMSB anymore since all money and gold will be forfeited by the government anyway What? Forfeited by the government? Rubbish. The only ones who won't be getting back anything at all are the consultants who will be denied a claim because they helped to propagate it. The customers would be able to get back part of their investment. If I'm not mistaken, suing and winning might put you in the position of a secured creditor, and secured creditors get a priority claim over unsecured ones. I am uncertain about this though. Best to check with a lawyer. Besides, why limit yourself to suing GMSB? Sue the directors. They have personal funds in the millions (guess from where?) If you can, sue your consultant too - especially if they have physical gold while you don't. You don't have your gold from Genneva? Take your consultant's instead. |
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Jan 10 2013, 09:24 AM
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#231
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(scorpio55 @ Jan 10 2013, 09:08 AM) HEY ARUBIN, I have been present in these threads almost since the raid and a quick check of my post history will show that I am most definitely not a supporter. THE INFO MAY BE OF GREAT BENEFIT TO THE DISGRUNTLED GENNEVA INVESTORS GROUP TO FOCUS ON THE CORRECT MALFEASORS. ARE YOU GENNEVA OR HARGOPAL (ANON ME) SUPPORTER OR WHAT ??? That info can easily be obtained by anyone simply by typing in the lawyer's name at the bar council website. I just don't think its polite to spread personal info in this fashion. For that matter, its not as if we are authorized to simply copy-paste information from their website either. Edit: At least what I think is the proper way of sharing the info should be to put up a link to the bar council site and ask people to type in the name. Like this: http://www.malaysianbar.org.my/find_a_lawyer.html This post has been edited by arubin: Jan 10 2013, 09:30 AM |
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Jan 10 2013, 10:43 AM
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#232
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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Hmm, looks like GMS admins might be monitoring this thread also. I notice they just deleted the anti-Dr M posts from their wall. I wonder if they say that post of mine pointing out the hypocrisy of the situation.
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Jan 10 2013, 02:20 PM
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#233
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670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(debbierowe @ Jan 10 2013, 10:50 AM) and by the way... The media is really not aware that so many police reports being made to COMPLAINT about the raid? If there were really a flood of reports, than the media would have taken notice.That there had been no news means that the reports are merely trickling in. It doesn't help that the GMS admin is unwilling to prove that they have taken the lead in making the report themselves. Imagine how the iconic scene in Titanic would have been like if it were written by GMS admin. Jack: You jump, I jump. Rose: Why are you standing way back there than? Jack: Don't bullshit. I already jumped even. Rose: You don't even look wet to me... Jack: Are you asking me for proof? *Jack throws Rose overboard* |
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Jan 11 2013, 12:27 AM
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#234
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(Salvador_Dali @ Jan 11 2013, 12:24 AM) Holy smoke, the entire article by Krishnamoorthy Muthaly kena delete liao... habis. I don't think he's a shill. If I'm not mistaken, this guy was formerly working for The Star and was quite defensive of Genneva initially. He even contributed some articles asking for Genneva to have fair treatment. For him to do an about face like that is Chairman Pat Lu censoring... I think it is time we repost the article none-stop 24 hours. let pat lu cannot sleep coz she needs to monitor it 24/7  This post has been edited by arubin: Jan 11 2013, 12:28 AM |
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Jan 11 2013, 12:32 AM
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#235
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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» Click to show Spoiler - click again to hide... « Put a copy of that on the Genneva Neutral page as well as the Disgrunteld page. |
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Jan 11 2013, 12:50 AM
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#236
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(scorpio55 @ Jan 11 2013, 12:38 AM) THKS FOR YR KIND COMMENTS. Sheesh, is your keyboard broken or something? I know what public domain is, and I don't think the directory on the Bar Council qualifies exactly. Furthermore, we're all just speculating here. We don't even know for certain if that Hargopal actually has ties to Genneva. For all you know, the Hargopal who made the presentation to the consultants might be claiming to be a lawyer only but has never actually sat for the bar.BUT THERE IS SUCH A THING CALLED "PUBLIC DOMAIN INFORMATION" WHICH SIMPLY MEANS THAT SUCH INFO IS AVAILABLE TO ANY MEMBER OF THE PUBLIC, EITHER FOC OR WITH A CHARGE. THERE IS NO COPY RIGHT TO SUCH INFO, THEREFORE JUST PASTING IT HERE CANNOT AMOUNT TO ANY COPYRIGHT INFRINGEMENT, NOR CAN IT GIVE RISE TO ANY BREACH OF ETIQUETTE. Unless you know something that we don't? You know for certain that the Hargopal listed in the Bar Council's directory is related to Genneva. Otherwise, you might have set up some innocent guy for harassment. |
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Jan 11 2013, 01:11 AM
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#237
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(scorpio55 @ Jan 11 2013, 12:54 AM) MANY GENNEVA INVESTORS HAVE SEEN AND HEARD THE FAMOUS PUNJABI LAWYER IN ACTION FOR GENNEVA. Yes, they can verify but can you? Which was my point. You can't prove anything just yet by yourself, so try not to act too rashly. Leave it to those with actual evidence.IT IS VERY EASY FOR THEM TO VERIFY WHETHER THE ONE IN SS1 PJ IS THE SAME ONE. |
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Jan 11 2013, 11:02 AM
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#238
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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Whoa, I woke up to see that the drama from last night is still hot topic this morning. Now its has been confirmed beyond doubt that the GMS group exists solely to manipulate customer opinion in favor of the directors, and not to actually defend customer interests.
Those who have been supportive all along have only themselves to blame. The name of the group is 'Genneva Malaysia Supporters'. That means its for people who support Genneva. From the start, they should have formed a group called 'Genneva Customer Solidarity' or something like that, and made sure the admin are people who are known and can be trusted to not have vested interests. This way, you an be sure of the motives of the group and not be manipulated into their line of thinking. Bestino has no forum of their own. The only online discussion they have is on a blog, but I'm certain they all know who owns that blog and is administering it. |
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Jan 11 2013, 12:08 PM
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#239
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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Who the heck is this Wan Muhammad, and why is he copy-pasting me from this forum?
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Jan 11 2013, 12:34 PM
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#240
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Senior Member
670 posts Joined: Oct 2007 From: Church of the Flying Spaghetti Monster
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QUOTE(terry8 @ Jan 11 2013, 12:32 PM) Then everyone will think you are Wan Muhammad .... hahahahahaha But I eat siew yuk, gamble during CNY, and drink wine wor.  Even so, it is amusing to see someone quote me to counter Dee's bullshit. Edit: Wan, if you are still following this forum, I still got advice for you and that is this - get a lawyer. Stop listening to faceless people online. Admittedly, I fall in that category too but this is different. I am only asking you to trust in this piece of advice, and that is to go talk to an actual legal expert in real life. People like Dee Casey are not worth listening to. He claims to be a legal expert, but what about it? He is most definitely not a lawyer. If he was, he would have admitted to it ages ago to lend credit to his statements. However, it is an offense in many countries to impersonate a lawyer and dish out legal advice. I doubt if even Dee dares to go that far. Lawyer impersonations aside, if someone (actual lawyer or not) directly gives you legal advice which turns out to be false, you may sue them for it. But first, you need to know who they are. Do you know who Dee is? How are you going to sue a faceless person online? Stop trusting in anonymous people as you cannot hold them accountable for their words. GMS admin might call BNM staff 'little Napoleans' with their own agenda, but I would like to point out that they are REAL PEOPLE who can be held accountable for their words and actions. On the other hand, the GMS admins and steering committee are bunch of faceless people. Use your head here. Who do you think you should actually listen to? Like I said, talk to a lawyer. Seek a 2nd opinion from, another one too if you are able to afford it. This is the only piece of advice you really need about Genneva. This post has been edited by arubin: Jan 11 2013, 12:55 PM |
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