Platinum Equities charged by Alberta Securities Commission with misleading investors
CALGARY — On the heels of a public meeting to encourage people to join a class-action lawsuit, the Alberta Securities Commission said Friday it is charging Platinum Equities Inc. with illegally distributing securities.
In a news release, the ASC said it will meet Oct. 10 to set a date for a hearing into allegations that the Calgary real estate investment firm and its principals, Shariff Chandran and Chitra Chandran, illegally distributed securities in a number of its investment vehicles, made prohibited representations in connection with two particular offerings and failed to maintain proper oversight of sales consultants.
The five named limited partnerships raised a total of $58.5 million ($51.7 million from Albertans), it said. One of the five was foreclosed upon by lenders last year but all five have stopped paying distributions.
On Monday, investors who claim to have lost thousands of dollars met to discuss joining a class-action lawsuit filed in June by Calgary law firm McGuigan Nelson LLP.
They claim that Platinum Equities raised about $160 million from about 2,200 people.
“Given the evidence demonstrates that proceeds from various projects were commingled with one another, which was not contemplated in the investment agreements, it makes it impossible to pursue individual investments or claims. This is why we are pursuing a class-action suit, framed in the manner we have,” said lead counsel Kevin McGuigan in a news release.
“We represent hundreds of clients in Alberta, British Columbia and Ontario who have been affected.”
The firm claims that investors lost their life savings, retirement funds and investments in the company which bought and developed properties in Alberta and British Columbia.
“We were misled and the Alberta Securities Commission needs to take action,” said Simon Okkerse, spokesman for the investor group, in the same release.
“The ASC is supposed to protect investors, especially against those who’ve already been convicted for this kind of scam.”
In the notice of hearing, the ASC alleges that securities were illegally distributed through the Deerfoot Court Real Estate Investment Fund Limited Partnership, the Glenmore & Centre Retail LP, Platinum 5 Acres and a Mule LP, PMIC II Investments Ltd. and Qualia Real Estate Investment Fund VI LP.
The ASC said in its notice that the Deerfoot Court offering closed on Nov. 16, 2007, after raising a total of $10.3 million from investors, $9.4 million of whom were Alberta residents, through selling $50,000 units. Distribution of returns to investors ceased during the fourth quarter of 2009.
In December 2011, all of Deerfoot Court’s interests in its sole asset, a three-storey office building in Calgary, were transferred to Strategic Financial Corp. following a court-approved sale. Deerfoot Court LP and Deerfoot Court Investments Ltd. were then placed in bankruptcy.
The ASC further charges that offering memorandums and promotional materials concerning Glenmore & Centre Retail LP and Platinum 5 Acres LP contained misleading or false statements or omitted crucial facts.
It also charges that Platinum salesman Victor Alejandro Galivan Jaro (Alex Galivan) made false statements to investors about the safety and profitability of investments in Deerfoot Court and Qualia, adding he unfairly took advantage of certain investors whose ability to understand the investments was limited due to age or sophistication
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