Re: Do Balmain take 'direct' fees from the FMF?
I've made this posting on the FMF, but I'll try to keep this issue on this thread in order that is may be more easily dealt with.
There are a lot of questions that Trilogy should answer. As I understood it, Trilogy promised to be transparent and keep unit holders informed. Instead, it has gone out in an arrogant way to gloat its success in BRW. The manager raised matters in BRW that should have been rightly raised directly with investors.
I think Msr. Baccon should be more forthright with members and disclose issues. If its good enough to tell individual unit holders information, its good enough to tell us all.
This is the interchange of 2 x lots of questions and one answer together with some comments I have made. I re-submitted my questions to Trilogy this morning via their website.
I would appeal to investors in the FMF to press Trilogy for answers, proper answers.
My Questions
Dear Sir/Madam,
Please advise me of the following:-
1. Wrt to 'Pacific Beach', how much has been loaned by the FMF to Foresight? How much by Fortress? What other costs will be added to these debts (legals etc.)?
2. What is the impaired value held for this loan?
3. Why didn't the development proceed?
4. will Balmain/Trilogy be charging lenders from the FMF any 'direct' fees? If so, what are the fees, and the rate of each fee?
5. Restatement of Qs 1 & 2, but wrt Grande Pacific & Teak and/or other co-investors.
I look forward to your early reply.
Thank you.
1. When will Balmain inform members of the FMF that Mr. Ryan (a senior member of Trilogy management) has been found by a court to have breached a client's trust?
2. Why was KPMG retained when there is clearly a number of members who are not happy with KPMG's performance?
3. Why wasn't another facility provider obtained when there is clearly a number of members who are not happy with the FMF's relationship with the CBA?
4. Why was City Pacific staff encouraged to join Balmain/Trilogy when there is clearly a number of members who are not happy with the staff of City Pacific?
5. Why did Mr. Bacon think that Mr. Ellis was 'tenacious' when Ellis was using our money to fight? I think we'd all agree that everyone could be tenacious using other peoples money, and incircumstances such as City causing members to lose so much of their investments - doesn't Mr. Bacon have any sensitivites to the feelings of the members of the FMF?
6. How is it possible to conduct an objective evaluation of the legal issues when so many of the original 'mob' have been coupled up to the the new train (Balmain/Trilogy)
7. Why was it possible to tell the CBA (and BRW) the future of the FMF, but not tell members of the FMF first?
8. Why haven't members been given a clear and concise plan as to Balmain/Trilogy's vision of the future (or end) of the FMF?
9. What is EXACT position of the FMF with respect to its obligations to the CBA, Fortress, and Teak Capital? (This information must be straight forward and easy to explain to members, why haven't we been told?)
The 'Cop Out'
Today, I received this email from Trilogy.
"... In response to your email, the case relates to matters which occurred 10 years ago. The Court found no evidence of dishonesty or knowledge that could be attributed to Mr Ryan; however as a partner of a law firm he was liable for the actions of employees.
Given the short time frame in which the Fund is required to lodge its financial statements it is prudent to retain the existing firm at this stage for its familiarity and experience with the Fund.
There was no general encouragement of City Pacific staff to join BalmainTRILOGY. Several City Pacific staff have assisted with the file transition and loans information on a temporary contracted basis. They are not employees. We see no reason why this should compromise our legal review.
We are in the early stages of completing an asset review and results are expected to be available on or before the end of October. As you can appreciate, the scale and complexities involved mean that we are not yet in a position to provide specific direction on the future of the Fund.
Dialogue regarding the Fund’s loan facility with the CBA continues, however at this stage it is too early to provide results of these discussions. Investors will be kept informed as we progress this issue.
We invite you to make an appointment to discuss this if you require further information. ..."
Comments:-
1. The case with respect to a breach of a client's trust is known as Jessup's Case. It's sad to see the manager attempting to mislead me (breach of s.52 TPA) by referring to the ASIC case which did not involve a breach of trust, but rather involved misrepresentation and fraud.
Jessup's Case
http://archive.sclqld.org.au/qjudgment/2006/QSC06-003.pdf
ASIC Case
http://www.asic.gov.au/asic/asic.nsf/byheadline/06-172+Queensland+investors+recover+losses+in+failed+solicitors+mortgage+scheme?openDocument
2. The manager is silent as to the fact of 'direct' fees - I wonder why? Is Trilogy charging 'direct' fees? Why won't they say that they are not? This matter should be resolved.
3. In his masterpiece in BRW, the Msr. Baccon stated (paraphrased) that there was only 53 loans, now, when pressed, it's all changed to "..As you can appreciate, the scale and complexities involved ...' in order to evade simple questions like:- the amount of debt, the amount of interest, and the involvement of the so called 'co-investors'.
I want to know simply (and it's got nothing to do with the so called 'asset review') how much do we owe the so called 'co-investors', how much is owed on the 'Pacific Beach' deal and how much interest is owing - none of these issues relate to the 'asset review'.
4. The fact that ex-employers of City are 'not employees of the Trilogy'. I guess he means that they are contracted - and therefore doesn't see that they would compromise any investigation.
Well, I think they do - do anyone else think that? Where is the objectivity?
5. Needs KPMG to assist with the RG45? Why? it's not an auditors job to fill out forms, it's an auditors job to 'audit' (or so it should be). Is Trilogy using KPMG to provide accounting services too? Come on guys, get real - any auditor could do the job - get rid of KPMG - let's get objective.
The letter does not answer my questions, and attempts to mislead me.
I am not pleased at all. I don't want to make an appointment for a meeting, I want proper answers to all of my questions.
How about other readers?
I'm going to resubmit the questions. Maybe second time lucky?