The Silver Bullet-TILA Rescission

By MCH Harper, published on December 19, 2015

Well, yes, I did do it. The responsibility falls heavily on my own head. I really did create my own financial fiasco, and all in alignment with what’s much required for my soul’s and many  other’s evolution who chose to be here in this timeline. For whatever agreements and contracts have made with the Universe to come forth and “shed Light in a dark corner”, currently, I find myself in the process of foreclosure on my home, means of livelihood, retirement investment and inheritance. Due to several life changing events; divorce, bad investment Ponzi schemes congruent with a 2007 push to refinance my mortgage, then quickly manifesting life threatening health issues and devastating medical debt, well, that all set up the situation for where I’m at now.

What emotional impact has this had on me and my loved ones who are worriedly watching in the wings? Only speaking for myself, for awhile I felt very brave taking on this TILA (Truth In Lending Act) Rescission process it felt completely the right thing to do. Then, as my financial demise drained away my energies, I started to watch some of my oldest friends move as far as they could to the back of the drama-trauma auditorium. Well, who wouldn’t be stunned and embarrassed, and not without unsaid judgments oozing around my decision to stand up?

This is scary stuff for those who have always followed the rules and recipes for achieving the American Dream. Poverty eclipses affordable choices and does often drown out the expensive kinds of fun options. This retreat quickly etched on my heart wretched feelings of victimization, a sense of separation, alienation with fearful shame from my oldest friends who aren’t yet quite up to facing the Awful Truth of the Grand Deception we all are party to. It goes so deep, and though they are still looking away, I see clear signs now of peeking over their shoulders a bit, coming around as I walk this path.

We are not completely estranged from our lifetime relationships, but very close to finally calling it quits. Still, maybe I’m not deemed a complete foolish flake after all. But it isn’t over yet and my door is still unlocked and open cautiously guarded by my ever present ego.

I HAD to flip my expectations and perceptions drastically, and viscerally now feel volunteering and shopping at the Food Bank is something everyone should experience. Gone is what I  thought was our mutual standing in feminine solidarity, an unsaid support for each other no-matter-what, embracing life’s injustices toward women. Being independent, non-partnered and without a second income brings up issues dear old Gloria Steinem drummed on about in “Ms” articles. My own epiphany is that it isn’t just women and minorities being abused here on a grand scale, but that EVERYONE is being abused. I can’t believe I’m saying this, but I am not the feminist I thought I was. My real stand is humanistic support for our basic value for universal humanity and Creator given rights.

Hey, I forgive my dear friends and family who still don’t get it. Life has chewed them up in other monstrous forms because coming to Earth at this time in planetary history isn’t for  weenies, and I can’t blame them for being too tired and too scared themselves to jump on my personal soapbox. They’ve contributed to the good of all in their own important ways. We do what we can do within our present consciousness, and taking on the behemoth banking system without an in-depth education into our shadowed global, national, and banking history, isn’t recommended, and I wouldn’t want anyone to go through the angst, fear, depression, roller-coastered with flashes of hope and renewed trust in Self and bolstered by those beloved family and friends who have stepped up to assist me. I am now a devout believer in the Steel Magnolia Dolly Parton twangy cliché “ The Lord works in Mysterious Ways”.

However, even if one doesn’t have an ounce of energy left to officially get involved and stand forward, one can go outside, stand solidly on Mother Gaia with knees flexed a bit, and proclaim loudly or softly, and energetically in Spirit, that you just don’t consent to any more deception by  the seen and unseen, and that you cancel all unlawful contracts. Fraud vitiates all contracts.

That’s better than doing nothing and it is a form of taking back your power and also aligning with those who are out there on the front lines. The key is you’ve got to mean it with every fiber of your being and believe in your heart of hearts that loving help is on it’s way. It’s called Faith, baby.

I purchased my home in 2005, and to augment what now can be described as my Ponzi-backed post massage therapist retirement fund, in 2007, I bought the bank hype and snapped up the opportunity to “leverage” my money and refinanced my mortgage, all so I could add more to my retirement savings. I had some major catching up to do from the economic hit I took in a divorce. To date, the Ponzi boys are sitting in the slammer up in Calgary, Alberta, doing 10 to 12 years having pulled off the biggest investment scam in Canadian history and bilking  thousands of others out of millions and millions. Even though I personally went to Canada and Honduras to check these guys out, thinking I was doing my own due diligence, I laughingly come away from the whole of these experiences realizing I was double-Ponzied, first by the Canadians and now through mortgage securitization schemes.

Like millions and millions of other naive homeowners, unsuspectingly I signed what I thought was a lawful contract with what I thought was a safe institution with integrity and multiple  governmental safeguards for the consumer. Following being financially wiped out and jobless, due to multiple hospitalizations, I paid the last bleeding payment I could March 3, 2009.

Stressed, broke, scared, but slowly building back my physical stamina, I began to study— avidly looking for possible magic bullets for debt relief. Believe me, I tried everything I could to get the debt discharged in good faith. I went to numerous seminars led by debt grief relief gurus, read eye-watering article after eye-watering internet article and books by whistle-blowers, gave up mainstream news, poured over alternative internet sites, listened to numerous educational conference calls, talk shows and recordings long into the night, and could only speak about any of this with the few friends I felt I had left, those being in my same imminent foreclosure predicament. At the risk of losing all friendships, I found I literally was leading a double life.

There were the superficial every day survival conversations with people, then there was the life I had in my office at the computer exploring my options for keeping my home. Everything was tried that I could that well-meaning, and not-so-well-meaning “light workers” put out there to throw back at the Cabal and their debt slavery-making systems. Some meant well, and others were charlatans, and several white hats were most likely manipulated and brought down because they were just too damn close to the truth about our “government.”

Earlier this year, I began studying Neil Garfield’s website Living Lies about TILA (Truth In Lending Act) and Rescission. He has an 8-year history of researching and  recommending TILA rescission as a possible means for voiding out commercial contracts. Studying his blog articles which by the way are written so that they are fairly easy to understand, I began to feel it in my solar plexus that this was the right remedy, at least for my situation, all along.

January 2015 the unanimous US Supreme Court Jesinoski v Countrywide decision vindicated Mr. Garfield’s stand on rescission, and opened up more and more test cases regarding  Rescission. Just recently in November a Federal Oregon judge decided on another huge rescission case in favor of the homeowner. If you are not familiar with this, there are many  interesting articles available on the Garfield site that explain just how simple rescission is.

I must say here and now that if you are hanging by your exhausted thumbs and swinging in the wind with regard to imminent foreclosure, you must do your own education on this, and this posted article is not to be construed as legal advice. I’m just telling you about my own process.

In June, I received a Notice of Default on my door, albeit past the statute of limitations for debt collection in my state. Honoring my own internal radar, I sent in my own rescission to void out the Deed of Trust and Promissory Note. At that time, I had not retained an advocate counselor to advise me.

July 23, 2015, the same day that I sent in my TILA rescission, I received a Notice of Trustee Sale. Curious, yes? One night, that week going through what I call a Dark Night of the Soul, I  reached out somewhat testily in exasperation and not even politely asked the Universe/Creator to help me with this; that if I was going to stick my neck out and go with this process, I needed a financial infusion if I was to continue to carry the load of this work.

A week later, out of the mysterious blue, a most generous family member stepped up and offered to help me, and with that help I retained a local advocate attorney, one with sharp claws, and one who understands the Garfield rescission process and recommended by Garfield. Since then, my cheerleading family member has several times told me not to give up, to keep going, as at times I tearfully wanted to just go to bed and pull the covers over my head and whimper. Then I also remembered the other friends going through the same scenario, and those who have badgered out late into the night the scabs and warts of the bank’s paperwork, and brought forth important truth about the unlawfulness of banking shenanigans.

One issue that came bubbling up through all of this has been my profound distrust in general of all lawyers knowing how they are by oath loyal to the Crown (the City of London). What I have known all along is that I am not a good pro se litigant. I just don’t have a sharp memory and legal mind, nor confidence to stand up and spout my knowledge on rules of procedure and rules of evidence. Yet, what occurred to me was that I was co-creating change within a very corrupt system and that a true litigator with a pure heart for anti-foreclosure advocacy needed to be the front person to bring about change by cleaning up the courts and educating her professional peers. It was her time to step up to the judges and give it her best shot. I brought forth the test case, and the pro needed to make the truth of it be heard.

The defendants had set a date for Trustees Sale in November, and then last minute filed for Continuance of Trustee Sale for early January 2016. My heart was in my throat most of  November because I didn’t understand nor trust the process of my own powerful creation. I kept wondering by my tendency for negative default thinking if I was going to have to gather my camping gear and go live under a freeway bridge somewhere with my rescue cats.

Then recently, someone wise and very important to me gently but firmly advised I get out of my own Creative Being way, to step back and let the lawyer do her thing. She was so right.

The law suit is primarily testing the waters of my right to rescind under the Truth in Lending Act. It cannot and does not go into the myriad bullet points of reasons why I would contest the contract in the first place. These are separate issues of violations. I have unlawful assignments by MERS, unlawful Robo signings, interesting unlawful notarizations, unlawful Appointment of Successor Trustee, unlawful Declaration of  Beneficiary, invalid Notice of Default, and violation of statute of limitations, to name a few. What used to be a mortgage document is nothing but a phantom wheel of Swiss cheese now voided by my TILA rescission.

I don’t think opposition is going to want this to get out, and so I am telling my story now in case I won’t be able to later.

What I do know right now in this process is that just in the last week I have started to sleep better; KNOWING no matter what the outcome might be, I have done the best I can– already.

But would I do it all again? Again? Really? Plod through the heartbreak and frustrations of Trial and Error? Not sure I could go through the bad health event again, however. Even though today I don’t know what the outcome really will be, as that could be drawn out to two years or even more, and I am loathe to say it, but yes I would do it all over again. Why? Because if I  hadn’t gone through all this self-inflicted excruciation, I wouldn’t be able to say at the End of the Day I did everything within my I AM Being to help bring in the Light for Change for us all.

I feel I am on the front lines, but really I’m not. There are others sticking their necks out even more than I have. Neil Garfield and my lawyer to name a couple.

My vision for the next generation to come will be that we live and know complete freedom, with our Creator given rights and gifts unimpeded, and that we evolve with the concept that we cause no harm to all creation and that everyone has complete understanding of their own responsibility to cause no harm. That means learning to work together. That means creating a world at Peace, being Peace. Thus, abundance flows toward everybody.

With that, I implore anyone who is unconsciously creating a living from the foreclosure industry and flourishing at the sorrow and hardships of others, to rethink your own culpability in  supporting global slavery. Now that you know what you have contributed to, what will you say at the End of your Day? Find the compassion that lives within you, embrace your true humanity, and step away from harmful choices that destroy others’ spirits. Find another way to support yourself and family. Humanity and the Universe will support you if you do this. You just have to let go and trust it. You are Loved right now, no matter what, but if you change your career choice, you will actually begin to feel loved again and maybe even revel in it.

“Those who don’t keep an open mind to all possibilities by hiding their heads in the sand, ultimately take the risk of never finding out why and who “moved their cheese” and why we  continue to wage perpetual war for the benefit of the Puppet Masters.” MCH Harper

http://i-uv.com/bias-in-the-courts-ucc-and-tila-review/

http://i-uv.com/for-the-doubters-on-tila-rescission-and-jesinoski-read-this/

http://i-uv.com/living-with-the-lies/

http://i-uv.com/the-big-short-reveals-the-shady-underside-of-mortgage-markets/

Iceland Sentences 26th Banker

Iceland sentences 26 bankers to a combined 74 years in prison

Iceland sentences 26 bankers to a combined 74 years in prison

Unlike the Department of Justice, Iceland is focusing on prosecuting the CEOs rather than low-level traders.

by James Woods, published on US Uncut, on October 21, 2015

Iceland sentences 26 bankers to a combined 74 years in prison

In a move that would make many capitalists’ head explode if it ever happened here, Iceland just sentenced their 26th banker to prison for their part in the 2008 financial collapse.

In two separate Icelandic Supreme Court and Reykjavik District Court rulings, five top bankers from Landsbankinn and Kaupping — the two largest banks in the country — were found guilty of market manipulation, embezzlement, and breach of fiduciary duties. Most of those convicted have been sentenced to prison for two to five years. The maximum penalty for financial crimes in Iceland is six years, although their Supreme Court is currently hearing arguments to consider expanding sentences beyond the six year maximum.

After the crash in 2008, while congress was giving American banks a $700 billion TARP bailout courtesy of taxpayers, Iceland decided to go in a different direction and enabled their government with financial supervisory authority to take control of the banks as the chaos resulting from the crash unraveled.

Back in 2001, Iceland deregulated their financial sector, following in the path of former President Bill Clinton. In less than a decade, Iceland was bogged down in so much foreign debt they couldn’t refinance it before the system crashed.

Almost eight years later, the government of Iceland is still prosecuting and jailing those responsible for the market manipulation that crippled their economy. Even now, Iceland is still paying back loans to the IMF and other countries which were needed just to keep the country operating.

When Iceland’s President, Olafur Ragnar Grimmson was asked how the country managed to recover from the global financial disaster, he famously replied,

“We were wise enough not to follow the traditional prevailing orthodoxies of the Western financial world in the last 30 years. We introduced currency controls, we let the banks fail, we provided support for the poor, and we didn’t introduce austerity measures like you’re seeing in Europe.”

Meanwhile, in America, not one single banking executive has been charged with a crime related to the 2008 crash and U.S. banks are raking in more than $160 billion in annual profits with little to no regulation in place to avoid another financial catastrophe.

Demands for Royal Commission Into Australian Banking Sector

Everyone should have an interest in the future of this companies if the evidence is clear now that Banks were committing grand larceny which affect all citizens in Australia.

The Banking Cartel and their CONTROL FRAUDS have used the property market as the vehicle to pump money into to inflate the value of their own ill-gotten assets.  This means in one generation have currently CUT OFF all young people from buying a home – ever.  The same as has occurred in Greece, next the jobs go, the homes go and then an entire generation of 20 – 28 year olds are homeless and jobless.  No-one realises we did the same things – our banks are driving us down the same path.

THERE HAS TO BE A ROYAL COMMISSION.

An easy way to urgently gain a Royal Commission and have all witnesses brought in for questioning and all documents to be discovered.  It’s the most POWERFUL thing that you will ever do to either save your home OR demand compensation for your loss.

CIRCULATE TO EVERYONE YOU KNOW TO DEMAND Royal Commission into the Four Major Banks and all other lenders

Tour collective BFCSA petition on change.org

https://www.change.org/p/mr-david-murray-chairman-of-the-financial-system-inquiry-recommend-an-urgent-royal-commission-into-australian-banks-the-regulators-and-the-financial-product-sellers#

Featured Articles:

BFCSA: Cruel CBA – no transparency with customers suffering three month wait for complaint/info pack

BFCSA: Australians in Poverty affecting 600,000 children. Banks and Dirty Low Docs to Blame

BFCSA: Banker faces up to 10 years in Prison – that’s what we want to hear in Australia

BFCSA: Tony and Joe’s DEBT Disaster – no we cannot afford a war. We have to fix the Monster Banks first

WESTPAC CEO GAIL KELLY

WESTPAC CEO GAIL KELLY KNOWINGLY CONCEALS FRAUD AT THE BANK COURT DOCUMENTS AND EMAILS SHOW

Westpac CEO Gail Kelly and Chairman Lindsay Maxsted are up to the neck in concealing fraud by staff at Westpac. I have the documents to prove it including internal bank emails and an email sent to me on Mrs Kelly’s behalf which is in effect an admission.  Both Gail Kelly and Lindsay Maxsted should be in jail for concealing a serious indictable offence.

The Westpac fraud is very similar in a lot of regards to the story this week on massive bank fraud by employees at the Commonwealth Bank which was on the  ABC’s Four Corners program this week called Banking Bad.

The Commonwealth Bank fraud has resulted in 1200 financial planning customers being compensated $50 Million for the fraud so far. In the Four Corners program a whistle-blower told the senate inquiry “I suspect a broader review is just going to uncover there are a lot more, like, you know, tens of thousands of clients who are probably entitled to compensation, and it’s never been looked at.” If you have superannuation which we all do it is a must watch or read the transcript. (Click here to watch or read) The Commonwealth Bank has used some very grubby tactics to conceal the fraud and harass people who complain as can be seen in a letter to Michael Fraser . The letter is from CBA executive John Geurts, is mostly broad and generalised, has very little specific detail and can be accurately described as nothing more than rambling dribble from a fool trying to intimidate. (Click here to read more)

Background

Westpac made numerous multimillion dollar loans to Mario Girardo and were defrauded by him. At the time of Westpac making the loans Mario Girardo had no real assets, had three previous convictions for bank fraud and other frauds, was banned by ASIC from being a company director until 2007 and awaiting trail for kidnap and extortion which he was jailed for in 2011Yet the Westpac kept on lending him money.  The bank did eventually have him declared bankrupt as he was not paying his loan repayments but has refused to make a complaint to the police for fraud even though internal emails show they know that fraud has taken place.

In 2007 towards the end of Mario Girardo’s fraud spree Westpac put pressure on Patrick Hayes to do a joint deal with Mr Girardo to by a property. Mr Hayes did not know the background of Mr Girardo but the bank should have and highly likely did. The deal went bad as you would expect as Mr Girardo had no money and the bank instituted proceedings against both men. Mr Girardo was declared bankrupt and Mr Hayes is currently fighting in court as a self-represented litigant.

The documents and emails that I have relate to a 2006 fraudulent loan for $6.8 million from Westpac to Mr Mario Girardo which has nothing to do with Patrick Hayes. I wrote to Gail Kelly with the smoking gun evidence (Westpac’s own documents) and she had one of her staff respond and refused to take action. It is quite simple, if management have evidence of fraud against their company they have an obligation to report it to the police.

My email to Westpac CEO Gail Kelly

From: Shane Dowling [mailto:shanedowling@hotmail.com] 
Sent: Monday, 10 March 2014 12:11 PM
To: ‘gailkelly@westpac.com.au’; ‘rpok@westpac.com.au’
Subject: Westpac staff commit fraud – Involvement of Lindsay Maxsted

Dear Mrs Kelly

I am writing to you in relation to the fraud at Westpac that has been concealed by a number of Westpac employees. There is admission of the fraud in internal Westpac documents that are in my possession. The employees that have concealed the fraud include Chairman Lindsay Maxsted, John Murphy, Stuart Meager, Matt Sainsbury, and others.

If you look at attachment Westpac admit fraud it says:

“Please proceed against Girardo towards bankruptcy ASAP as it is obvious the bank has been subjected to some type of fraud in the original lend and loss will be significant.”

At the bottom of the attachment you will see a document from Allens Arthur Robinson lawyers explaining one element of how the fraud worked, which was getting an inflated property valuation so the purchaser could get an inflated and fraudulent loan.

Then if you look at attachment Westpac admit staff involvement in fraud where Westpac manager Greg McLachlan says in relation to the actions of Westpac employee Matt Sainsbury:

“whether there is a need for disciplinary action” and “It is concerning that the word of a non panel valuer and the purchaser have been given more credence then one of the Banks Panel Valuers especially given the very large difference between the two and it being an out of territory lending situation. The final two paragraphs of Shaynes email should also have been a clear warning supply of such accommodation was high and that some care in accepting the valuation provided was required.”

It is clear fraud had taken place and that Westpac had been defrauded. The fact that there has never been a complaint to the police for the fraud itself shows a cover-up by Westpac staff.

Matt Sainsbury’s conduct, which at best is disgraceful and at worst criminal, says there should have been a complaint to the police for fraud. Once again the fact there has been no complaint to the police shows a clear cover-up.

A highly likely hypothesis is that Mario Girardo bribed Matt Sainsbury and/or others at Westpac to get the $6.8 million loan and paid $5million for the unit and Mr Girardo pocketed the $1.8million balance. The original loan grew with further loans to $7.8 before Westpac sold the unit for $3.5 million and Westpac lost $4million and I am told Westpac lost another $11 million plus on other loans to Mr Girardo. It must be noted that Mr Girardo was on remand for extortion which was in the media at the time Westpac made a number of loans to him. He was also banned by ASIC from being a company director when some of the loans were approved by Westpac. Neither the ASIC banning or criminal charges facing Mr Girardo seemed to bother Westpac staff and they continued to loan him money.

What I find extremely disturbing is the two letters in relation to the same failing of Westpac to make a complaint to the police. One letter is written on behalf of the Westpac Chairman Lindsay Maxted (see attachment: Lindsay Maxted cover-up letterwhich clearly implicates him in the cover-up. The other letter is written by Gary Johnston is December 2011. (See Attachment:Gary Johnston Westpac cover-up letter)  The main relevant difference of the two letters is one line in Mr Johnston’s letter which says:

“The Queensland police also advised that there is no need for Westpac to lodge a complaint of its own at this stage, although it was open to Westpac to do so if it chose to

This line raises a few issues:

  1. It is not believable a police officer would say “there is no need for Westpac to lodge a complaint” given it was a $4million fraud. Can Mr Johnston name the police officer who gave that advice?
  2. If the police officer did say “it was open to Westpac to do so if it chose to” in relation to making a complaint then why did Westpac not make a complaint. Who at Westpac decided not to complain to the police in relation to the $4 million lost by Westpac from fraud by Girardo. Have Westpac sacked them? If not why not? It is so obvious a cover-up by Westpac staff.
  3. Westpac have a large legal team and external lawyers who were already looking at the issue and they would have known that they needed to make a formal complaint to the police given it was a $4 million fraud and as there was at the very least evidence that suggested that Matt Sainsbury was part of the fraud as the attachments show. Whether he was knowingly part of the fraud is something the police should have investigated.
  4. Why did Lindsay Maxsted leave the line out of his letter. Quite simply Mr Maxted would have known the line is a lie as it stands out a mile and that Westpac had an obligation to make a complaint of fraud to the police.

The above issues are currently part of a court proceedings involving Patrick Hayes. I am a journalist and investigate crime and to me the fact that the court proceedings are taking place is further evidence of the cover-up of the fraud. It is my understanding that counsel representing Westpac have already been caught deliberately misleading the court in evidence to try and cover-up the fraud.

Can you please advise what action you intend on taking and when you intend taking it. Do you intend calling the police and making a formal complaint and standing down Westpac staff until the matter is fully investigated?

I make a very serious allegation against Lindsay Maxsted in this email which is supported by the attached documents. Will you raise this allegation with the Westpac Board?

I look forward to your reply

Regards

Shane Dowling
Kangaroo Court of Australia
 

Gail Kelly’s letter (Click here for a PDF version which is better quality than below)

 

 

WESTPAC CEO GAIL KELLY KNOWINGLY CONCEALS FRAUD AT THE BANK

WESTPAC CEO GAIL KELLY KNOWINGLY CONCEALS FRAUD AT THE BANK COURT DOCUMENTS AND EMAILS SHOW

 

Original

Westpac CEO Gail Kelly and Chairman Lindsay Maxsted are up to the neck in concealing fraud by staff at Westpac. I have the documents to prove it including internal bank emails and an email sent to me on Mrs Kelly’s behalf which is in effect an admission.  Both Gail Kelly and Lindsay Maxsted should be in jail for concealing a serious indictable offence.

The Westpac fraud is very similar in a lot of regards to the story this week on massive bank fraud by employees at the Commonwealth Bank which was on the  ABC’s Four Corners program this week called Banking Bad.

The Commonwealth Bank fraud has resulted in 1200 financial planning customers being compensated $50 Million for the fraud so far. In the Four Corners program a whistle-blower told the senate inquiry “I suspect a broader review is just going to uncover there are a lot more, like, you know, tens of thousands of clients who are probably entitled to compensation, and it’s never been looked at.” If you have superannuation which we all do it is a must watch or read the transcript. (Click here to watch or read) The Commonwealth Bank has used some very grubby tactics to conceal the fraud and harass people who complain as can be seen in a letter to Michael Fraser . The letter is from CBA executive John Geurts, is mostly broad and generalised, has very little specific detail and can be accurately described as nothing more than rambling dribble from a fool trying to intimidate. (Click here to read more)

Background

Westpac made numerous multimillion dollar loans to Mario Girardo and were defrauded by him. At the time of Westpac making the loans Mario Girardo had no real assets, had three previous convictions for bank fraud and other frauds, was banned by ASIC from being a company director until 2007 and awaiting trail for kidnap and extortion which he was jailed for in 2011Yet the Westpac kept on lending him money.  The bank did eventually have him declared bankrupt as he was not paying his loan repayments but has refused to make a complaint to the police for fraud even though internal emails show they know that fraud has taken place.

In 2007 towards the end of Mario Girardo’s fraud spree Westpac put pressure on Patrick Hayes to do a joint deal with Mr Girardo to by a property. Mr Hayes did not know the background of Mr Girardo but the bank should have and highly likely did. The deal went bad as you would expect as Mr Girardo had no money and the bank instituted proceedings against both men. Mr Girardo was declared bankrupt and Mr Hayes is currently fighting in court as a self-represented litigant.

The documents and emails that I have relate to a 2006 fraudulent loan for $6.8 million from Westpac to Mr Mario Girardo which has nothing to do with Patrick Hayes. I wrote to Gail Kelly with the smoking gun evidence (Westpac’s own documents) and she had one of her staff respond and refused to take action. It is quite simple, if management have evidence of fraud against their company they have an obligation to report it to the police.

My email to Westpac CEO Gail Kelly

From: Shane Dowling [mailto:shanedowling@hotmail.com] 
Sent: Monday, 10 March 2014 12:11 PM
To: ‘gailkelly@westpac.com.au’; ‘rpok@westpac.com.au’
Subject: Westpac staff commit fraud – Involvement of Lindsay Maxsted

Dear Mrs Kelly

I am writing to you in relation to the fraud at Westpac that has been concealed by a number of Westpac employees. There is admission of the fraud in internal Westpac documents that are in my possession. The employees that have concealed the fraud include Chairman Lindsay Maxsted, John Murphy, Stuart Meager, Matt Sainsbury, and others.

If you look at attachment Westpac admit fraud it says:

“Please proceed against Girardo towards bankruptcy ASAP as it is obvious the bank has been subjected to some type of fraud in the original lend and loss will be significant.”

At the bottom of the attachment you will see a document from Allens Arthur Robinson lawyers explaining one element of how the fraud worked, which was getting an inflated property valuation so the purchaser could get an inflated and fraudulent loan.

Then if you look at attachment Westpac admit staff involvement in fraud where Westpac manager Greg McLachlan says in relation to the actions of Westpac employee Matt Sainsbury:

“whether there is a need for disciplinary action” and “It is concerning that the word of a non panel valuer and the purchaser have been given more credence then one of the Banks Panel Valuers especially given the very large difference between the two and it being an out of territory lending situation. The final two paragraphs of Shaynes email should also have been a clear warning supply of such accommodation was high and that some care in accepting the valuation provided was required.”

It is clear fraud had taken place and that Westpac had been defrauded. The fact that there has never been a complaint to the police for the fraud itself shows a cover-up by Westpac staff.

Matt Sainsbury’s conduct, which at best is disgraceful and at worst criminal, says there should have been a complaint to the police for fraud. Once again the fact there has been no complaint to the police shows a clear cover-up.

A highly likely hypothesis is that Mario Girardo bribed Matt Sainsbury and/or others at Westpac to get the $6.8 million loan and paid $5million for the unit and Mr Girardo pocketed the $1.8million balance. The original loan grew with further loans to $7.8 before Westpac sold the unit for $3.5 million and Westpac lost $4million and I am told Westpac lost another $11 million plus on other loans to Mr Girardo. It must be noted that Mr Girardo was on remand for extortion which was in the media at the time Westpac made a number of loans to him. He was also banned by ASIC from being a company director when some of the loans were approved by Westpac. Neither the ASIC banning or criminal charges facing Mr Girardo seemed to bother Westpac staff and they continued to loan him money.

What I find extremely disturbing is the two letters in relation to the same failing of Westpac to make a complaint to the police. One letter is written on behalf of the Westpac Chairman Lindsay Maxted (see attachment: Lindsay Maxted cover-up letterwhich clearly implicates him in the cover-up. The other letter is written by Gary Johnston is December 2011. (See Attachment:Gary Johnston Westpac cover-up letter)  The main relevant difference of the two letters is one line in Mr Johnston’s letter which says:

“The Queensland police also advised that there is no need for Westpac to lodge a complaint of its own at this stage, although it was open to Westpac to do so if it chose to

This line raises a few issues:

  1. It is not believable a police officer would say “there is no need for Westpac to lodge a complaint” given it was a $4million fraud. Can Mr Johnston name the police officer who gave that advice?
  2. If the police officer did say “it was open to Westpac to do so if it chose to” in relation to making a complaint then why did Westpac not make a complaint. Who at Westpac decided not to complain to the police in relation to the $4 million lost by Westpac from fraud by Girardo. Have Westpac sacked them? If not why not? It is so obvious a cover-up by Westpac staff.
  3. Westpac have a large legal team and external lawyers who were already looking at the issue and they would have known that they needed to make a formal complaint to the police given it was a $4 million fraud and as there was at the very least evidence that suggested that Matt Sainsbury was part of the fraud as the attachments show. Whether he was knowingly part of the fraud is something the police should have investigated.
  4. Why did Lindsay Maxsted leave the line out of his letter. Quite simply Mr Maxted would have known the line is a lie as it stands out a mile and that Westpac had an obligation to make a complaint of fraud to the police.

The above issues are currently part of a court proceedings involving Patrick Hayes. I am a journalist and investigate crime and to me the fact that the court proceedings are taking place is further evidence of the cover-up of the fraud. It is my understanding that counsel representing Westpac have already been caught deliberately misleading the court in evidence to try and cover-up the fraud.

Can you please advise what action you intend on taking and when you intend taking it. Do you intend calling the police and making a formal complaint and standing down Westpac staff until the matter is fully investigated?

I make a very serious allegation against Lindsay Maxsted in this email which is supported by the attached documents. Will you raise this allegation with the Westpac Board?

I look forward to your reply

Regards

Shane Dowling
Kangaroo Court of Australia
 

Gail Kelly’s letter (Click here for a PDF version which is better quality than below)

Gail Kelly Letter JPG

I have been told senior Qld Police are disgusted that Westpac will not make a formal complaint in relation to the fraud because Westpac’s own staff are involved. So what Paul Green says in the letter above on behalf of Gail Kelly is a lie and he fails to answer most of the questions that I asked. With a $4 million fraud you have no option but to make a complaint to the police as failure to do so is a criminal offence in itself. It is believed Westpac sacked at least two staff over the matter but even then failed to make a complaint to the police.

Other people have written to Gail Kelly before regarding fraud at Westpac and she palmed them off. This time I wrote to her with the banks own documents showing fraud at Westpac and she has also failed to take action and responded with lies to me. Gail Kelly and Lindsay Maxsted are the biggest fraudsters at Westpac and should be doing jail time. They are in effect ripping of millions of Australian’s who are customers and shareholders. The above would only be the tip of the Iceberg at Westpac.

Patrick Hayes  (self-represented) is back in the Supreme Court in Brisbane on Monday the 12th May 2014 in the matter Westpac Banking Corporation v Knight Property Investment NO.3 PTY LTD & another – Justice Peter Lyons – Court 20 – Floor 6 – 9.30 am. If you have time show up and support Mr Hayes. He is apparently up against 16 lawyers and barristers. Westpac are spending millions to have someone with no money declared bankrupt yet will not make a complaint to the police about a multimillion dollar fraud.

What to do: It is in everyone’s interest to have an honest banking system. The senate are currently investigating the Commonwealth Bank fraud and the chairman is senator Mark Bishop. Email Mr Bishop, the htreasure Mr Hockey and ASIC Chairman Greg Medcraft and Mrs Kelly and your local member demanding action by Westpac as per the draft below. I have just sent an email which is in the comment section below.

Example: senator.bishop@aph.gov.au gailkelly@westpac.com.au rpok@westpac.com.au

Dear Mr Bishop and Mrs Kelly

I request that you take summary action in relation to the fraud at Westpac bank etc. And copy the title of this post and first two paragraphs and put a link back. That makes it very difficult for them not to act.

The main reason Gail Kelly and other banks conceal fraud is not the fear of the cost of compensation although that is a concern. It is because they know a lot of their staff and their competitors commit fraud. So if they take action against their own staff for fraud it will send a signal to all staff to stop the fraud which will mean reduced sales and profit for the bank. And when profit is in the billions something as small as a 5% or 10% reduction can be a huge amount. Gail Kelly and others are happy to profit from fraud unless they are forced to stop it.