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January 21, 2006
Bill Cara upset by a corrupt Canada, Sat., Jan. 21, 2006, 11:59 PM
Hours before a new Conservative government is elected to power in Canada, which would have altered the landscape in the Stelco bankruptcy process, a judge in Ontario has completed a two-year fraud-in-process by ruling to accept a so-called "fair, reasonable and equitable" restructuring plan.
According to a Kangaroo Court, the Stelco shareholders will now lose every dime they have invested. A billion dollar fraud will now be complete.
Judge Farley's ruling was a rush to judgment, done on a Saturday prior to Monday's federal election where his Liberal friends would have lost. Apparently there is no over-riding authority. As a consequence, I am more than upset by this.
To say that corruption at Stelco is the reason for me deciding to leave Canada for greener pastures ("the sun, sand & sea") is not correct so I changed the headline. But I am extremely upset nonetheless.
Am I surprised Farley issued his ruling in a hand-written statement? No; I am only surprised it didn't come in on Brascan stationery or cocktail napkin from their champagne party.
Do you know there is no new equity capital for Stelco? In return for re-arranging Stelco's asset-backed loans that any legitimate corporate finance department could have arranged in 90 days, the new so-called private equity players had the judge strike out 100-percent of the "old" shares and issue new shares to his friends.
That's right; no new equity for Stelco.
This decision proves that the Mom & Pop owners of capital have no chance. It shows how rich people become richer. They do it one theft at a time.
By writing about Stelco to the extent I did, you might say I was making my bed. My fate in this Banana Republic is now probably sealed. I hope there is an immediate appeal, and lawsuits against all these perpetrators, including the judge, by somebody, but I will be moving on. As you know I have been in the process of deciding to depart the country in 2006 to gain permanent residency and tax status elsewhere.
I have had enough. Kaput. Fini.
I have to admit that the hypocrisy in Canada reeks to the extent that the saying "Love it or leave it" applies to me. You see, I am a person of principle -- unlike others in this country. A single corrupt judge, plus the stink of a two-year engineered fraud, has made my decision easier.
Many readers have come to understand my values, which probably explains the popularity of this blog. At the end of the day, money does not matter to me. I care only about principles, and value add, and the rights of individuals, including capital owners. I have lived my entire life that way. I am not going to change.
From this life, I have never asked for a single thing for myself. Whatever came to me in a material way was not gifted or stolen. I earned it. And I then gave it back to society.
That's why today I blog totally free. Take it or leave it.
For years I cared only about a single thing in my entire life, which is that my parents and my family be proud of my accomplishments. And they were. My parents, as you know, passed away on consecutive days a few months ago, together until the end.
And my Dad, who taught me the joys of trading, cared about Stelco, whereas for many years I did not. Not in the least. To me, Stelco was simply a badly managed steel company located close to my home town, in a city where I went to school.
And now the managers, who even Farley referred to as the helmsmen of a "wobbly" company, are going to receive bonuses and equity, and the legal agreements these people made in the past are cancelled by the hand-writing of this solitary judge. There was not even a formal court process with transcriptions and the usual processes; there was an informal hearing among lawyers whom this judge has been on the speaker circuit showing how to use his courtroom to accomplish such a result.
I'm not making this up.
Believe me when I say I have no financial interest in Stelco other than a belief that it represents a line in the sand with respect to integrity of capital markets in this country, and for that reason over 18 months I have been fighting for the rights of the owners of capital here and elsewhere.
This weekend's decision regarding Stelco, and the resounding silence from authorities here, shows there is very little integrity in Canadian capital markets.
Moms and pops have no hope. None whatsoever. I am sorry I let you down. But I am not alone.
When I ventured into this Kangaroo Court last week, I heard people asking where were the securities commission lawyers. Perhaps the firms who provide staff to the OSC were all on the service record, with an axe to grind? There were, after all, 39 law firms at work.
And not once in two years did a securities commissioner of any Provincial securities commission, or any politician, stand up and acknowledge the many complaint letters from the owners of capital and workers alike who were being defrauded by the Stelco team. And in a civil society that's not right. The ruling of this judge is not right.
Hours before the judge made his decision, readers should know I received a phone call from a very reputable financial person to say that Stelco shareholders were filing affidavits purporting foreign investors and bankers ready to restructure Stelco. Of that I had no doubt, but I said to this person, and I quote: "My only worry is that this judge makes his decision a couple hours before a new government will be elected and call for an inquiry" and he said to me "I don't think the judge is honest. Otherwise, I don't know why he's doing what he's doing. But maybe he's not stupid."
Unfortunately stupidity is not the issue. It's corruption and a corrupt system. And nobody in authority willing to change it.
There you have it. I'm disappointed, but not surprised.
I have known for many years that the court system and political system in this country is as corrupt as any other, and I truly mean any other. But I did think that some higher authority might whisper in this particular judge's ear that it's best to leave this matter to the capital markets, or to the new federal government to decide upon.
I guess he'll enjoy the benefits. A billion dollars can stretch a long way.
The news headline will read: "No buyer wants bankrupt Stelco." But I can assure you there are potential buyers ready to bid on Stelco. It is worth, gross, about three billion dollars.
My personal fate is now sealed, but, with this one judge's decision, in many ways so too is Canada's.
I can assure you that as long as I choose to air an opinion, about whatever, from wherever, you will not have heard the end of this matter from me. But for now I really have to decide how much longer I want to write this blog. It's not easy to do it, hour after hour, day after day.
It's a lot easier, I believe, to steal a billion dollars.
1:20 pm ET update:
I received the following mail today. Time is rather short since I just returned home and now will be off to the Boat Show. If you happen to meet the description provided, and care enough to speak up for your losses to the hands of a Kangaroo Court, please follow up directly. This is an appalling situation that is affecting, in addition to all shareholders, the bondholders and creditors, employees and past employees who thought their pensions would be protected. The City of Hamilton stands to be the loser when the private equity bandits move the mill out of town.
This complaint will only stay alive through an Appeals process if people like you care enough.
When you know you are in the right, then 39 law firms and a judge should not stop you from showing outrage. We have civil obedience in this country because of our belief in the rule of law. But the charade this solitary judge has just permitted in his courtroom for two years is not acceptable. If you wish to rant, like me today, please append your comments below. Just maybe we'll find somebody in authority in this country to step to the plate for the Little People.
Here is the letter I received from the local TV station in Hamilton:
"Hello, Bill:
I'm looking to do a story on Stelco shareholders that are losing on the
restructuring plan. Not the big guys, just your 'average joe' that decided
to invest and now will be left with nothing. Hoping to find a possible
contact (shareholder affected by decision) to do a story tonight.
Please contact me at the following:
905-522-1101 ext. 2267 or 905-645-2011 (Assignment Desk will answer)
Thank you,
Sharon"
shmcculloch@chtv.ca
http://www.canada.com/chtv/index.html
Posted by Posted by Bill Cara on January 21, 2006 11:59:45 PM | Category: Canada
Discourse
Bill, you are a man of principle and I respect that. I'll admit at times that I would go to your blog and think, "Not another Stelco article!" But then I'd remember that it is an injustice of incredible magnitude and if you didn't keep yelling "fraud!" there was no chance anyone would notice. I feel like you are a defender of the financial markets in a way, and maybe it feels to you like a personal loss that you couldn't stop this. But, above all, I think you are a defender of the little guys -- the individual investors who read your blog and learn from your experience. Many of us are no longer puppets of the sell-side thanks to you. Don't forget your accomplishments just because something came along that you couldn't stop.
Also, remember that your blog's readership keeps growing. Every time something like this comes along, your voice gets amplified through your readers. You wrote a post on 12/19 saying that you had about 30,000 individual readers. Next time, let's make sure the appropriate authorities get 30,000 letters. If they are getting 1,000 letters a day on the same topic from different people all over the world, they may find it much harder to ignore.
Good luck in whatever you decide to do from here.
Jeff
Posted by: korvus
at
January 22, 2006 10:42 AM [link]
Try to find a way to change the system. You have lost a battle but may win the war. To the benefit of this country and all its citizens.Of course it is easier said then done. That's why it takes a man of principle(leader)to be able to accomplish something.
Marp
Posted by: Marp
at
January 22, 2006 11:14 AM [link]
Bill do not give up.
On December 20 I relieved myself (at $.27/100)of the mental anguish of Stelco subordinated debentures. On December 27 I filed complaint with Ontario Securities Commission https://www.osc.gov.on.ca
In 2000 I held MCI Worldcom shares
We all remember Worldcom and Enron they were criminal activities and there is retributions through the United States District Court Southern District of New York.
I expect to receive about $.60/100
Stelco on the other hand is under Canadian jurisdiction (Ontario Securities Commission) and has used the Legal system to assist it in its theft of the common working man. What is happening today is the system has recognized that common shares are now owned by working class (rrsp mutual funds) people not blue suit pin stripes
It is wrong to think Canada will protect the individual over the controlling class. We will lose this one and many more to come but you must fight all affected stakeholders need to complain loudly for all investors no matter what class be it common or subordinated deserve equal protection under the LAW.
Judge Farley sanctioned the restructuring plan closing the door on the common investor.
Last week I received mail from both the Premiers office and Ontario Securities Commission:
(Premier) Dalton Mcguinty thanked me for my view and said he appreciated the issue I raised and would pass along a copy of my correspondence to Dwight Duncan Minister of Finance.
Ontario Securities Commission thanked me for contacting them. My correspondence was passed on to Mr Allen Krystie who will coordinate staff review of the matter and I will receive a written response.
Bill correspondence to both parties was based on your posting Does Stelco represent Canadian values?, Fri., Dec. 23, 2005, 10:25 AM, and not the rant above.
I will inform you of future responses
Posted by: dmalcold
at
January 22, 2006 11:37 AM [link]
dmalcold--
In the first 45 minutes of trading on Monday Jan-23 (today), over 9 million shares of Stelco common shares traded, and the stock has fallen almost 50-pct.
Two points to consider: (i) Judge Farley of the Ontario Superior Court has already ruled to strike these shares from the share register, hence there are legally no shares to be trading this morning, and (ii) 9 million shares represents almost 10-pct of the total issued and outstanding common stock, and the price being paid for worthless stock this morning is almost $1 million; so who is buying it?
Any member of the public in Ontario, particularly those who intend to sue for damages in this matter, has the right to have the Ontario Securities Commission provide you with a list of all trade details this morning, so that you can use it as evidence that the Toronto Stock Exchange, and the OSC is a participant in this fraud.
Moreover, you will see the names of broker-dealers on the buy side of many of today's trades. I presume these brokers have worked a deal with Stelco to acquire these shares to write them off. As quid pro quo the brokers will be given rights to underwrite the new shares in Stelco for which they will be receiving commissions that will more than make up the losses on these trades.
So in effect the trading today is part of the fraud, and all the officers of the OSC and TSX know what's going on. They all must be held accountable.
If they are not accountable for your damages, then traders ought to have the right to break their contracts whenever shares that traders buy in future of IPO and TSX-listed stocks go down. You see, what's good for the goose is good for the gander.
Shortly after 10am today, the anchor on the ROBTV network, who happens to be an expert in capital markets, told the TV audience that he didn't know why the trading was going on, "presumably for bookkeeping reasons I suppose" he said. Yes, there are buyers today who are closing short positions, but I venture to say that today's buying is much greater than just short-covering (which does make it easier to maintain tax records).
The TSX and the OSC is fully aware of Judge Farley's decision, and yet no statement has been made; it's trading as usual.
That's unbelievable. But then, I have been telling you this for almost two years.
/Bill
Posted by: Bill Cara
at
January 23, 2006 10:29 AM [link]

Don't give up the good fight, there doesn't seem to be very many people like yourself out there willing to fight against what has taken place with Stelco. I have been reading your blog for the past year and only wish more people had jumped on the band wagon against what had been taking place in Farley's court. as a small investor and average honest canadian it is really disapointing to see how big business and fancy lawyers can manipulate the courts and have rights take a back seat over greed.
Stay here in Canada where you are needed because sure as HE** there is going to be other greedy CEO's and hungry lawyers from some other Company ready to do the same to the common share holder.
Posted by: Bill at January 22, 2006 10:01 AM [link]