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Old 01-24-2008, 04:11 AM   #731 (permalink)
Hawkman95
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Default Re: Club-FX Recovery Plan

While like Echo I want my money back but for me I really doubt that is going to happen. Since I won't be seeing my money I think it fitting PB sees some time jail.

I don't have any new suggestions other than Jude's, but I am ready to vote.
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Old 01-24-2008, 04:12 AM   #732 (permalink)
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Default Re: Club-FX Recovery Plan

From the info posted in the blog, we seem to be talking a sum under $100k.

If I was given the choice of paying that sum or going to jail, I'm quite sure that I would find some way to raise that money to avoid jail... whether it be from loan and/or re-mortgage and/or selling everything I had, I'd raise that cash.

To refuse payment and proceed to court I would need to be 100% sure of a win - and even then, only on advice from qualified legal counsel..
However, that's me and not PeterB.

Please remember the site disclaimer - that you invested at your own risk with no guarantee that you would not lose everything.
I know there will be argument about the validity / legality of that disclaimer, and I'm not a lawyer so I don't not want to join that argument.
But it's by no means going to be as simple as most of you might like to believe.
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Old 01-24-2008, 03:45 PM   #733 (permalink)
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Default Re: Club-FX Recovery Plan

it should be over a 100k, but not all has reported i guess.
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Old 01-26-2008, 11:21 AM   #734 (permalink)
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Default Re: Club-FX Recovery Plan

Quote:
Originally Posted by Jude View Post
it should be over a 100k, but not all has reported i guess.
Hi Jude. Another week is gone and we still are at the same zero level with the refunding and recovery action. Conciliator is also keeping quiet, don't know why, he promissed full steam ahead.
Please take the lead and do something remarkable, show us the way, plant the milestones.......
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Old 01-26-2008, 03:18 PM   #735 (permalink)
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Default Re: Club-FX Recovery Plan

I'll be emailing everyone tomorrow. Watch out for the email.
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Old 01-27-2008, 03:38 PM   #736 (permalink)
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Default Re: Club-FX Recovery Plan

Email sent
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Old 01-27-2008, 06:37 PM   #737 (permalink)
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Cool Re: Club-FX Recovery Plan

I see that you too have discovered that too many people wait for someone else to take the lead.

My stake is just a mere $100 in this affair and I have long since written it off. However I am prepared to lend my weight to whatever action is taken.

I would suggest that you do both.

Email Peter Buchner with an ultimatum. Something like – you have until midnight GMT (the date to be decided but no more than 10 - 14 days hence) to respond to this email with your realistic proposals, without strings, on refunding all the Club-FX Trade members. By refunds I mean the investment made less any interest already paid.

Should you not respond to this email or come up with a satisfactory refund proposal, without strings, you will leave us no alternative but to lodge a complaint with the SA Police, the SA Revenue Services (taxman) and the FAIS.

You could also take the opportunity to demand a .csv download of the Club-FX Trader E-Gold account 3513156 showing all transactions in and out from the 21st August 2006 to date. If you’ve never had a .csv file it is a spreadsheet that will load into Excel and maybe other spreadsheets.

There is one Club-FX member that resides in SA. T-Man on the GoldenTalk forum. Can I suggest that you liase with him?

Hiring a PI would be expensive and in any case a PI will not be able to bring a case against Peter Buchner unless he hired a lawyer. More expense. If Peter Buchner refuses to produce the .csv download for Club-FX Trader it would take a court order to get it from E-Gold. But some official body like the SA Police, the SA Revenue Services (taxman) and the FAIS would be able to get it.

I feel that the best way forward is to lodge a complaint with the SA Police, the SA Revenue Services (taxman) and the FAIS. If the FAIS get involved they will only look at unlicensed trading, although they might liase with the taxman. If the SA Revenue Services (taxman) gets involved they will only look at why the business has not been declared for tax purposes. Neither of these will get us our money back. However if the police get involved they will do so because of fraud and any subsequent court case could order the seizure of any funds and the re-distribution of them. And that is the problem, we do not KNOW if there are any funds to be had. So hiring some legal chappy would be throwing good money after bad.

My honest opinion is that there is little or no money to be had and any private litigation would not bear fruit.

The other point is how do we prove our case? The web site no longer exists but there is the thread on GoldenTalk at http://goldentalk.com/t22289-10-192.html where Peter Buchner has contributed and hung himself. We have our individual E-Gold accounts to prove that we sent money to the Club-FX Trader E-Gold account and those accounts will also show the lack of the receipt of any returns or minimal ones.

We have two sets of screen grabs supplied by Peter Buchner. The first set (you can view them at Ckub FX © Jim Buckley) was obviously tampered with. They show that on the 30th April 2007 a series of withdrawals were made by a Paul Roeder with transaction numbers of 7995xxxx.

My personal E-Gold records show that transactions 7995xxxx.were made on the 27th April. Transactions on the 30th were 8004xxxx and higher. Anyone’s E-Gold records will show the same. There are other anomalies but that one alone is enough to prove the screen grabs had been tampered with.

I believe that the second set of screen grabs supplied by Peter Buchner are legitimate but incomplete. The third page is missing on the excuse that it took too long to load. What was on there that Peter Buchner didn’t want me to see? I have blanked out some details to protect the sender. You can view them at Ckub FX © Jim Buckley and they establish quite clearly that the first set were forgeries.

I know Peter Buchner’s address and phone number. I found it in the telephone directory for Durban and I have had it confirmed that it is the right one.

Peterg mentioned the site disclaimer. With no web site how can Peter Buchner prove that there was one? Even if he could resurrect it somehow the disclaimer is invalid because his activities were illegal.

I feel that the way forward would be via the SA Police and international members of Club-FX Trader could lodge a complaint with them as well as any resident of SA. But complaints would have to be individual. Being a criminal investigation by the police they would be able to get all records pertaining to Club-FX Trader and it wouldn’t cost us anything. On the other hand there is little likelihood that we would get any sort of even partial refund. The best that we could hope for is a lengthy spell in jail for Peter Buchner.

I’ve been doing some digging and found a web site for the South African Police at SAPS homepage and a contact link but it only shows phone and fax numbers.

However there is a ‘Feedback’ button that leads to a page listing reasons for the ‘Feedback’. These lead to a form to fill in where you can put forward you reason for contacting them. Although the form requires passport details, if you do not have a passport and therefore no passport number you cannot get to the next page. I put in 12345678 and it was accepted but I didn’t go any further.

The opening paragraph of your complaint must explain that the passport number quoted is just a number to enable you to continue lodging your complaint.

This could be the way where none SA nationals could make their complaint against Peter Buchner if that is going to be the way forward but, as I stated earlier, they would have to be individual complaints.

I leave it in your hands Jude, but please remember I am not prepared to throw more money after the bad.
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Old 01-27-2008, 07:42 PM   #738 (permalink)
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Default Re: Club-FX Recovery Plan

I agree with jambutty. We should give peterB an ultimatum with limited time and then file reports.
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Old 01-27-2008, 10:24 PM   #739 (permalink)
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Default Re: Club-FX Recovery Plan

That seems to be the right thing to do.. Let peterB know first, and if nothing fruitful comes out then continue with the local authorities.
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Old 01-28-2008, 12:46 AM   #740 (permalink)
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Default Re: Club-FX Recovery Plan

I vote for option 1 i.e. to give PeterB an ultimatum first.
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