THEMCO EKF v. AlertPay/Payza
Approximately three years ago in 2010, our shareholders started transferring small sums of money to the co-operative to fund its projects. These transfers were made via a payment processor based in Quebec, Canada – AlertPay Inc (AP) into an existing account with AP, upgraded and renamed Themco EKF.
Themco EKF comprises 13,362 shareholders who subscribed funds to the projects and a similar number waiting to participate in the follow up projects.
When the Co-Operative reached the stage that the account was approved and had met all compliance requirements of AP, including testing the Lawyer’ Escrow Account that would receive the funds collected in the ThemcoEKF account at AP, the funds flowed in very quickly until $1.5 million had accumulated in the account at AP.
Problems with AlertPay Inc (now Payza) start
As soon as this money was in the hands of AlertPay, our problems with them started.
This became apparent when the Co-Operative tried to withdraw our money to the Lawyer’s Escrow account. Themco EKF were made to deal with AlertPay’s bogus Compliance Department, who we had previously satisfied on all their requirements.
Firoz Patel, the CEO of AlertPay, was obviously in the background orchestrating matters. To enforce the release of funds, we called upon our US Lawyer to whom the funds were to be directed.
After much heated discussion, AlertPay agreed to release $50,000.00 every two days and we managed to retrieve $500,000.00 US to the Lawyers Escrow Account…but then it stopped abruptly.
AlertPay illegally freezes the account of Themco EKF
AlertPay had ‘heard’ that there was a judgement against Themco EKF in Sweden and they took it upon themselves to freeze our account accordingly. Bear in mind that the alleged Swedish judgement was invalid in Canada. However, this did not matter so far as AP were concerned- it was a fortuitous event or as we now feel (based on evidence), a contrived event.
There was indeed a judgement in Sweden. However, this was a totally trumped up judgement, based around a fraudulent invoice issued by a German company that had been struck off before the fraudulent invoice was issued! The case was presented to the court by a struck off lawyer, Karl Pontus Ljunggren, who is a co-director with Firoz Patel in a number of his companies.
Themco wins in Sweden
Themco EKF spent the last two and a half years fighting the Swedish judgement in Sweden and Germany. These legal battles resulted in the Police raiding premises in Germany and France and a criminal case being brought against Stefan Kirch, the CEO of the German company who had raised the fraudulent invoice
We made it so hot for Ljunggren, that he finally withdrew the fraudulent invoice and the accompanying claim for $1,289,000.00 US.
Concerns over AlertPay going bankrupt spurs legal action in Canada
During all this time, we were fighting AlertPay in the Courts in Montreal, Canada to get them to release our money. Our Lawyers in Montreal secured a Safeguard Order in the court against AlertPay (now Payza) requiring them to pay the money, just short of $1million US, into the court for safe keeping. We had learned that AP owed $12 Million in taxes in Canada and had other cases against them outstanding. The prospect of AlertPay becoming bankrupt was a serious concern.
Evasive action from AlertPay/Firoz Patel
When the Canadian Judge called for the funds, AlertPay stated that they no longer held the money and that it was held by a financial institution in Cyprus! Interestingly, this turned out to be a company who we allege was wholly owned by Firoz Patel, CEO of AlertPay Inc, at that time or earlier.
We obtained an apostilled document from the Cyprus Companies House, stating that Firoz Patel was the sole director and sole shareholder of this €1,000 capitalized company.
This is the company to whom, allegedly, they had transferred the best part of one million USD and could therefore not comply with the Safeguard Order.
Essentially, AlertPay transferred the money belonging to Themco EKF to a Cyprus entity that belonged wholly to AlertPay’s CEO, Firoz Patel!
Ludicrous, but true.
Themco EKF CEO Terry Gilder stands firm
All this time, the management of Themco EKF, capably and steadfastly headed by Terry Gilder, have carried their shareholders with them in meticulously observing correct legal procedure through the courts in whichever country it was necessary to do so.
This, notwithstanding the fact that AlertPay/Payza/Firoz Patel did not seem to be above using every devious, conniving and obstructive trick in the book to hang on to Themco EKF shareholders’ money.
Money destined for, documented and showing in the AlertPay/Payza account of Themco EKF.
More people have money “frozen” by AlertPay/Payza
We are not the only organization to have our funds frozen, but unfortunately for AlertPay we have had the funds to fight them in the courts and the ability to carry our shareholders with us. Even so, it has not been easy. Usually, AlertPay pick HYIP transactions where they are holding all the funds. Consequently, the HYIP operators do not have the funds, or the tenacious loyalty of their members to sustain a legal challenge as we have had to do. These tactics have become a profit centre so far as AlertPay are concerned, a source of ill gotten gains and they get away with it.
Fictitious PR stunt by AlertPay
The names of AlertPay and Firoz Patel particularly, stink and would give any skunk a run for their money. Therefore, last spring they contrived a reverse take over into a dormant, non-trading UK company, after first changing its name to MH Pillars Limited.
They then proceeded to disseminate a carefully contrived PR campaign of untruths regarding the credentials of MH Pillars Limited. This was all a fictitious PR stunt, designed to fool the casual observer.
Forthwith they took on an industry-proven CEO who lasted a couple of months and replaced him with another good guy- ability wise, who lacks a sense of smell obviously or any scruples, because his co-directors are now the Patel brothers, pulling all the strings.
Hey Presto- AlertPay also changed to Payza!
Presumably to distance themselves from the less-than favourable reputation that AlertPay had by now earned for themselves, the name was also changedto Payza. However, it is still the same company, controlled by the same individuals.
Themco EKF is forced to intensify their campaign for retrieval of their money from AlertPay/Payza
We have been fighting our case against AlertPay in Canada. Now AlertPay, in common with Payza, are the trading names for MH Pillars Finance, a Canadian company. (it is these three entities, MH Pillars, AlertPay and Payza that our campaign is targeting – the Canadian entities. Now in our being accurate in identifying our adversaries in Canada, we cannot be held responsible if the same names are used by a company to mislead the public in another country, then that is their lookout.)
As stated earlier, we have carried our Shareholders with us through all these legal actions we have had to endure to recover the money of Themco EKF. But, the last straw came when Firoz Patel transferred his shareholding and his directorship in the company in Cyprus to a nominee director and shareholder who promptly transferred her shareholding and directorship to a company she owned.
The reason for these musical chairs became evident when we learned that the company in Cyprus had applied to be voluntarily wound up. Naturally, our shareholders feared for their money and a 150 strong Executive Committee was formed using all the many skills that can be found in a resource base of 13,362 shareholders.
The Patel brothers (Firoz and Ferhan) seem to consider themselves above the law
Just to demonstrate how devious and dismissive of the law these Patels and their companies are, we can tell you that their lawyers in Canada and the UK have been lambasting our campaign against our adversaries, by writing directly to us and those shareholders that they have been able to identify from usernames and e-mail addresses (or perhaps from straightforward hacking, we are not sure, but suspicious of this, since we have been advised that they have the capability to do that).
The point we want to make is that they and their Lawyers, all say that because we have brought an action in Canada before the courts that we should let that take its course and rely on the outcome. Well, that is a fat lot of use if OUR money has been “magiced” away and we cannot get at it.
Themco EKF finally wins in Canada!
On 17th May 2013 a victory, spearheaded by Terry Gilder, was won by Themco EKF, in the Montreal Superior Court to dismiss the contestations of AlertPay and giving them 30 days in which to appeal. This followed our earlier success of having the same court issue a Safeguard Order that Firoz Patel should send the near $1million to a trust account held to the order of the court.
MH Pillars Limited has always maintained that in acquiring the assets of AlertPay (Canada) in the reverse takeover, that our claim was excluded. Immediately they lost the case, a mail went out to a number of our shareholders, from MH Pillars Limited, the UK company, offering to refund them, i.e. not practicing what they preached that the outcome of the litigation should be maintained.
Cynically, they are trying to reduce the indebtedness which will reduce the debt size and possibly the interest calculation. If they have that money available, they should pay it into the court to satisfy the Safeguard Order already in existence.
Counter-attack with an attempted intimidation campaign (last kick of a dying horse?)
A virulent smear and intimidation campaign was simultaneously unleashed against Themco EKF, its CEO Terry Gilder and members of the Themco ExecutiveCommittee.
Threatening letters from a lawyer and a website containing the worst kind of personal smear and intimidation suddenly popped up on the net, bearing defamatory allegations, accusations of libel and various intimidatory threats. The authors and owners of this website are remaining in hiding behind a cloak of anonymity. However, the timing and content appears simply too co-incidental not to indicate the true instigators.
We are not guilty of libel
Our comments being libellous is not true, we are very careful not to quote anything that is not in the public domain, therefore our Lawyers say that we are not libelling our adversaries.
By way of demonstrating this fact, we enclose the case law we are relying on and as you can see, there are not many names that we could use, that are not in the Public Domain because they have broken pretty well every law in the book.
Of our own volition, we have stopped entries being made on our first Forum we started and made it read only.
Similarly, we have done the same with the Facebook page as they have, to a certain extent, served their purpose.
Below, please find the case law related to the Patels and their company activities that our researchers have found so far. (More to come, no doubt)
INFORMATION IN THE PUBLIC DOMAIN
The links below are all in the public domain and may therefore be quoted freely.
http://www.themcoekf.com/Media/ita_6564 … ficate.pdf
(Canada Revenue Certificate of Assessment filed to the Ottawa Federal Court)
http://www.themcoekf.com/Media/ita_6564 … d_sale.pdf
(Writ of seizure in Quebec for the sum of $11,644,096.59 CAN)
http://www.nh.gov/banking/orders/enforc … tsc-cd.pdf
(Cease and Desist order correspondents include AlertPay Inc (now Payza) and Firoz Patel concerning unlicensed money transmission)
http://ictremission.com/LinkClick.aspx? … 67&mid=415
(Complaint for Forfeiture from New York Western District Court against Collect a Check inc. for the sum of $2,506,719.74 US, concerning Corporate Wealth Management, President: Firoz Patel) (See item #64 and others)
http://www.fpinfomart.ca/news/ar_result … ubd&spell=
(Access to article from Montreal Gazette November 25th 2011, “AlertPay tied to drugs, kid porn “ fourth item on page.)
http://www2.canada.com/montrealgazette/ … 04462e40d6
(Article from Montreal Gazette November 23rd 2010, AlertPay assets seized and Firoz Patel’s shares to be sold off)
http://www.walesonline.co.uk/news/wales … ow-1931759
(Company refuses to stop handling payments for deadly drug)
http://www.themcoekf.com/Media/patel_co … l_2013.pdf
(Money Laundering & Funding Terrorism)