Directors Duties and Liabilities in RSA

[Lawyer Destroyer]

An Expert Opinion on The Dr DS Grieve Fraud of the Elderly, Pensioners and former Patients by Bart Henderson CFE (Certified Fraud Examiner), South Africa's leading Fraud Examiner, Head of the South African Corporate Fraud Management Institute and respected authority, recognised High Court witness in South Africa:-

AFFIDAVIT

REPORTING IN TERMS OF S34 OF THE PREVENTION AND COMBATING OF

CORRUPT

ACTIVITIES ACT

I, the undersigned,

Bartholomew Bernard Joseph Henderson

Do hereby make oath and say that:

1. I am an adult male with identity number (XXXXXXXXXX084), presently residing at XX

XXXXXXXXX Milnerton, Cape Town South Africa.

2. I have been a practicing Fraud Examiner since 1994.

3. My most recent assignments include delivering Anti-Money Laundering training to

Zimbabwe Revenue Authority on contract to the Australian Government Aid Program

(AusAid); I have recently concluded a contract to investigate fraud and corruption in

the procurement process of the South African Companies and Intellectual

Property Commission on behalf of the Department of Trade and Industry.

4.- I am duty authorized and competent to depose to this affidavit.

5. The contents of this affidavit are true and correct and within my personal knowledge,

or arise from documents under my control, unless the contents indicate others.

6. I am intimately familiar with all documents, statements, investigations (civil and

criminal), and legal proceedings in South Africa relation to the matter of DR DS

Grieve Bridging Solutions (Pty) Ltd.

7. l have also been privy to victim impact statements.

8. I am responsible for referring the matter of, Mr. William Grieve and others to the

National Head of the Commercial Crime Unit of the South African Police Service,

Colonel Koos Jonker for possible criminal investigation.

9. On 1 December 2009 David S Grieve made an application for the sequestration of

his estate as well as an application for the liquidation of Bridging Solutions.

10. David S Grieve had as recently as September 2009 solicited a substantial loan from

Mr. William Grieve.

11. This was highly unethical in that DR DS Grieve Bridging Solutions (Pty) Ltd was at

that time, financially highly distressed with little or no chance of rehabilitation.

12. lt is highly unlikely and improbable that anyone, knowing all the facts would, in their

right mind advance a loan under the distressed economic circumstances that

prevailed at DR DS Grieve Bridging Solutions (Pty) Ltd.

13. lt is my view that Dr. DS Grieve with wilful intent, made a material misrepresentation

- in the form of a significant omission, with intent to deceive, that has resulted in Mr.

William Grieve suffering severe prejudice.

14. it is also my contention that the entire prejudice suffered in this scam between local

and trans-national victims exceeds US$ 5million.

15. I also suspect, based on convincing evidence and representations, that the scam

involves numerous parties operating in concert and that this particular scam meets

the requirements of the definitions of Fraud, Embezzlement, Organized and Trans-National Crime involving the laundering of the proceeds of crime.

I know and understand the contents of this declaration. I have no objection in taking the pre-scribed oath. I consider the pre-scribed oath to be binding on my conscience.

[Lawyer Destroyer]

I the undersigned I
LXXXX XXXXXXXXX Bester
do hereby make oath and say that-
1. I am a male adult with ID: XXXX12 5001 081 living at XXX XXXXXXXX Road XXXXXXX,
Centurion.
2. I met Dr DS Grieve when he had the practice in Jean Ave for medical treatment, and
he became our family doctor.
3. This remained the case when he moved to Saxby Medical Center, we continued a
doctor patient relationship until he sold the practice. He told me that he was going
into business by buying the Cynthia’s restaurant.
4. By chance I ran into him in town towards the end of 2006. In an informal chat he
related to me that the venture was successful, but pointed out that he had an
excellent investment opportunity, and invited me to make an appointment to meet at
the restaurant. s
5. We met on 15"‘ January 2007, and the bridging solutions concept was explained to
me, which was a secure investment, negave me his personal assurance and
guarantee that the money would either be in his account or that of the transfer
attorney, or a financial institution, safeguarded and protected at all times.
6. We signed the agreement to invest when he presented me with a document that was
headed “Shareholders Loan Agreement”. As it was explained to me many times by
Dr DS Grieve and understood by me, this was an investment. -
7. Not being a legal expert I did not see any reason to question the validity of the
document, which had been drawn up by his attorneys.
8. I transferred R300,000 to his Absa account 4066017726 the same day. I trusted him -
fully as my doctor.
9. On the 1*‘ December Dr DS Grieve surreptitiously liquidated his company and
sequestrated himself thereafter. This caused me the loss of life savings and the
entire investment.
10. I have good reasons to believe from newspapers and other reports that Dr DS Grieve
has acted dishonestly and defrauded me and all the other investors with criminal
intent.
11. 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.
it
Signed at Centurion on the 5”‘ day of July, 2012.

[Lawyer Destroyer]

Just seen -
"It has just come to our attention that the HPCSA (Health Professional’s Council of South Africa) is to take formal action against Dr DS Grieve for defrauding his patients, friends and family using his name, title status and standing as a professionally registered medical doctor in South Africa as an instrument to defraud vulnerable individuals and those who trusted him. It is high time this doctor was removed from the practising mantle in RSA. That Dr DS Grieve used his title and standing as a medical doctor repeatedly to defraud elderly patients and former patients is clearly evidenced in his deceptive presentations, contracts, agreements, investments and all the documentation associated with his fraudulent liquidation, sequestration and PONZI scheme".

Just my opinion - but about time too.

[AndyD]

I still await the day he stands before a judge or a jury of his peers. It takes a few months to defraud a group of people but then it's decades for the wheels of justice to turn.

[Dave A]

I think his activities triggered the test, which related to expenses of grievous physical damage, to failure and a retrial to be requested. The accused was charged. And their should be some right justice and decision to be made.

I'm a little surprised you're up to speed on this - I wouldn't have thought there'd be any investors from Pakistan in an interest based scheme.

[Lawyer Destroyer]

Agreed

[Dave A]

Turned out Tackle was just trying to boost his/her post count for a spamming attempt.

Bye bye Tackle

[Lawyer Destroyer]

Dave - forgive me if I am putting a foot wrong here, however in the interests of the old people involved I think this is a worthy cause.

This has been going on for some time and I understand that a full blown criminal prosecution is now in the offing (big thanks to this forum and the staunchness of its leadership!).

I came across this on line petition which I felt was commendable and call upon anybody who knows this saga, who knows anybody who has lost money in a scam or scheme to consider supporting this cause.

Well done Dion - several of the old people and pensioners who were scammed don't even have computers - who will support them....

Link to SA Fraud Investigations on Facebook

"Hi —

I just started a petition on Change.org that is about an issue that is very important to me. The more people that sign my petition, the more likely it is to win. Will you help me by signing?

Thanks,
Dion


Minister Jeff T Radebe - Minister of Justice and Constitutional Development Republic of South Africa: We the people would like the National Prosecuting Agency (NPA) to criminally prosecute the PONZI scheme operator and fraudster Dr DS Grieve and his wife and accomplices to the full extent of the law.

By Dion Du Plessis
Pretoria, GP

Sign my petition


South Africa is already known as the fraud capital of the world. When professional people start to use bankruptcy fraud and voluntary business liquidation frauds to sustain and maintain there high maintenance lifestyles at the expense of their clients, friends, family and the elderly, we have a duty to take action to prevent recurrence. The only way that this can happen in a society is that the law takes its course and effects a prosecution, sending out a clear message to others who might perceive this method of "fundraising" as acceptable - that it is not. Defrauding elderly retired people, especially inside the safety of their retirement homes is unacceptable in todays world. Society demands that people who do this, leaving behind nothing but chaos in other peoples lives be held to account. This case and the saga of Dr DS Grieve and his accomplice, his wife Sanet Grieve nee Botha has featured in the mainstream news media and abundantly on the internet, Facebook and forums and needs to be addressed. Dr DS Grieve a registered financial services provider needs to be prosecuted to the full extent of the law and we the people are now calling on you as the head of the Justice Department to see that this is done expeditiously and without delay. Our old people are not the targets of financial sharks and fraudsters and deserve protection. By prosecuting this fraudster, a very clear message will be sent out to the other financial services providers to stick to the rules which are there as firm beacons and guidelines for society and our communities.


We call on anybody supporting this petition to spread this petition by email, Facebook, Twitter and any and all forms of social and other media.

Sign my petition

[Lawyer Destroyer]

We recently discovered that Dr DS Grieve signed a full purchase agreement with a well known estate agency in Pretoria to buy this house "The French Chateaux" in Mooikloof Equestrian Estate......but got caught and lost the deposit - R1.5 million of his victims money.

Dr DS Grieve is currently facing a full on investigation and prosecution - it has taken a long time - but as they say the wheels of justice take long but grind fine.....he will have to answer for the extravagance. In his wake he has left a destroyed group of old people, former patients and retired old pensioners.....



The full description from Homes SA magazine can be seen here - talk about putting the cart before the horse......

Click on the words below

The French Chateaux

[AndyD]

I'm looking for a bigger workshop at the moment and that place would be ideal. There's also plenty of parking out front for the bakkies. Can't say I'd want to live there though but I guess there's no accounting for taste.