Directors Duties and Liabilities in RSA

[Lawyer Destroyer]

As they say in the classics - he can fool all of the people some of the time, but not all of the people all of the time....there are a finite number of straws that can be held up to the wind....

[Dave A]

Why is this Grieve saga taking so long to get to the courts?

From the information I've got to hand, I'd guess there is a concern about the admissability of those banks statements as evidence before a court of law. (For the record, no-one has said as much to me. But - explaining exactly how those statements got from the office of the company to other parties does seem problematic).

And then even if the bank statements are allowed as evidence - banks statements reflect the movement of monies, but they don't reflect the purpose.

[Lawyer Destroyer]

All evidence correctly obtained under sec 417 and 418 of the act. All further corroborative evidence obtained legally too. All evidence will stand up to admissibility testing. All good and by the book. Clank clank....

[Dave A]

All evidence correctly obtained under sec 417 and 418 of the act.

Of which act?

[Lawyer Destroyer]

Dr DS Grieve

Of which act?

Companies Act, 1973, (No. 61 of 1973)
Chapter XIV: Winding-up of Companies
Examination of Persons in Winding-up
417. Summoning and examination of persons as to affairs of company

[Dave A]

I regret even after re-reading that section, my concern remains.

Perhaps you can help me with something that remains unclear to me - were the bank statements unlawfully removed from the offices of the company at the same time as the computer equipment that held the accounting records, or were those seperate occassions?

[Lawyer Destroyer]

The accounts were legitimately obtained as prescribed. Seperate events entirely. I suspect that break in was staged by the director of the company as part of his cover up MO as well.

[Dave A]

Well this is good news indeed. It seems you are familiar with the travels of these bank statements from the company offices to the examination panel. The reports I've read are rather vague on the issue.

So who did remove the bank statements from the office of the company?
And under what authority?

[Lawyer Destroyer]

Now thats the million rand question....who and why.....the RM suggests the dirty deed was done by another finance company that Grieve was in hock up to the eyeballs with.....let me be clear that bank statements obtained that I have seen were from the prescribed legitimate source (subpoenaed).

[Dave A]

let me be clear that bank statements obtained that I have seen were from the prescribed legitimate source (subpoenaed).

Subpoenaed from whom? (Apologies for being this specific in this, but the details do matter. PM me if it's not for public consumption).

the RM suggests the dirty deed was done by another finance company that Grieve was in hock up to the eyeballs with.....

Which raises something else I'm struggling with in this sorry mess - the timeline on the withdrawal of and payout of that company relative to everything else. I had wondered whether the payment was made within 6 months of the application for liquidation. Can you help clarify that little twist?

[Lawyer Destroyer]

I have PM'd you. Impeachable payments made within the prescribed period are being dealt with by the lawyers.

[Lawyer Destroyer]

A little birdie has suggested that this is all coming to a head and those wheels that take so long to grind are now humming along. Sounds to me also like a case of "you can fool some of the people some of the time.......but never all the people all the time". I am assure that there are a group of investor victims who are determined to see this through regardless of recovery or cost. Nice one.

[Lawyer Destroyer]

Dr DS Grieve Fraud Victim 79 Year Old L Van Der Linde

This whole saga is heading towards it's natural conclusion. One thing that struck me as poignant was the statement made by a 79 year old victim who was scammed of his life savings when he was visited inside the security of the old age home by Dr DS Grieve and his wife Sanet Grieve and convinced to part with his life savings. I personally visited and interviewed recently, old age pensioner Mr Van Der Linde. I have also referred this affidavit to the Commercial Crime Unit for adding to the Dr DS Grieve investigation. Mr Van Der Linde has no access to the internet or email and Dr DS Grieve simply vanished with his money. He was unaware of anything until I showed him what was going on, explained to him what had transpired and that he had been taken. I have never seen an old man crumple, now I have.

Read this statement, it is fully factual and could be your retired relative or parent.

An original copy of the affidavit can be viewed here:-

http://drdsgrievefraudster.files.wordpress.com/2012/05/old-age-pensioner-l-van-der-linde-defrauded-by-dr-ds-grieve1.jpg

I the undersigned Lambert van der Linde do hereby make oath and say that:-
1. I am a retired male adult age 79 with ID: 34010XXXXXXXXXX living at Unit XXX Protea Retirement Village, Glover Laan, PO Box 14066, Lyttleton, 0140.
2. Dr DS Grieve was introduced to me as a medical doctor and practising surgeon by Mr Japie Combrinck of Cape Town, a friend of Dr DS Grieve that I also coincidentally played bowls with at the same club. He is also I understand along with his retired sister a victim of this same financial scam. I understand there are many other victims as well.
3. He at all times used his title and status as a medical doctor to cajole and convince me to invest my life savings of R450,000 with him. His wife Sanet Grieve even came with him to visit me in the retirement village to convince me to invest and to sign as a witness on the investment agreements and contracts. She gave me her business card which was identical to that of Dr DS Grieve. The folder they gave me to hold the paperwork lists Dr DS Grieve and Sanet Grieve as directors of Dr DS Grieve Bridging Solutions (Pty) Ltd reg 2006/002335/07.
4. We signed an agreement to invest after he persuaded and convinced me using his standing and title as a medical doctor in SA.. This was explained to me many times convincingly by Dr DS Grieve and his wife Sanet and understood by me at all times to be a safe and secure investment in the capable hands of a registered doctor and medical professional who was also a business man of standing in the community.
5. I transferred R450,000 to his Absa account 1023120654 on or around 19 July 2006. I trusted him fully as a doctor and in fact saw him as my doctor.
6. Although I had requested my capital back in writing in February 2009 and had this confirmed to me in writing as acceptable and to be done asap by Dr DS Grieve, he never returned my money. On the 1st December 2009 I was advised that Dr DS Grieve had quietly liquidated his company and sequestrated himself disappearing with all our money thereafter. This caused me the loss of life savings and the entire investment I had entrusted to him.
7. I have good reasons to believe from newspapers, private investigators and the police as well as other reports that Dr DS Grieve and his wife Sanet have acted dishonestly and defrauded me and all the other investors with criminal intent.
8. I was totally reliant on my money to survive and have little hope at my age of any form of recovery and my peace and happiness has been destroyed and my pension days turned into a struggle for survival.
9. I know and understand the contents of this declaration. I have no objection to taking the prescribed oath. I consider the oath to be binding on my conscience.


Lambert van der Linde

[flaker]

its been 2 years since the 1st posting on this saga. Are the Doctor & spouse still free? Any charges yet? thank you

[Lawyer Destroyer]

Dr DS Grieve Fraud - An International Fraud Expert Comments

An international fraud expert comments for the record

Paragon New Zealand - New Zealand's Leading Investigation Company
PO Box 6700 Wellesley Street,
Auckland 1141, New Zealand
T +64 (09) 377 3655
F +64 (09) ass 0110
E investigations@paragonnz.com
29 July 2011
Bowman Gilfillan
165 West Street
Sandton
SOUTH AFRICA

Attention: Mr Haroon Laher - Partner

Dear Mr Laher

RE: FRAUD BY DR DS GRIEVE (RSA) AGAINST MR WL GRIEVE (NZ)

My background involves over 30 years investigating fraud and I have been accepted in
the New Zealand High Court as an Expert Fraud Investigator. I have worked on
assignments in Europe, Canada and Australia as well of course as the last 28 years in
New Zealand.

My company Paragon is the largest private investigation agency in New Zealand and we
are contracted to many government agencies including Proceeds of Crime, Serious
Fraud Office, Securities Commission, etc.

I am the Current President of Auckland Branch of Certified Fraud Examiners, Current
Chairman of the New Zealand Institute of Professional Investigators, Member of New
Zealand Insurance Law Association, Member of New Zealand Insurance Institute, Winner
of the 2009 Insurance Investigator of the Year Award and I am a Justice of The Peace for
New Zealand.

I have read and assessed the transcripts, aide memoire’s and documentation prepared
by Bowman Gilfillan from the Special Enquiry held into the demise of Dr DS Grieve
Bridging Solutions (and associated business entities) and also various submissions and
statements/affidavits by Mr WL Grieve as provided to and by yourself.

Having examined the details, it is clear that Dr DS Grieve has committed a carefully
premeditated fraud against Mr W L Grieve, carefully grooming him over time.

There can be no doubt that a full criminal prosecution should be brought against Dr DS
Grieve at the earliest opportunity by the renowned and respected Commercial Crime Unit
of the South African Police and the relevant prosecuting authority and I would like to offer
my support as an internationally recognised expert in this field if required.

Yours faithfully

PARAGON NEW ZEALAND
RON McQUlLTER CFE
Managing Director
ron.mcquilter@paragonnz.com
INTEGRITY EXPERIENCE COMMITMENT
vvww.paragonnz.com

Original can be viewed at http://www.slideshare.net/KVDMerwe/r...t-on-dsg-fraud