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Post by nemesis on Jan 7, 2020 15:16:57 GMT
Page 3 of today's business section has a story about BDO facing a shareholder suit over its audit work for Crystal Wealth. The founder, Clayton Smith, eventually had to settle in 2018 after the OSC froze the asets and placed the company in receivership. Now the investors, the receiver and the OSC are going after BDO.
'The claim launched by investors alleges they relied on Crystal Wealth's audited financial statements when making their investment decisions. BDO owed investors a "continuing duty of care to diligently investigate, uncover and disclose any misstatements or omissions in the funds' financial statements and in any material filed with the OSC"
Omissions is certainly a word that spikes my interest. It is the omission of the true nature of Westcourt's withdrawl from the fund that prevented other investors from understanding the ELO proffer and why it came into play at that time. Had that information been made available to all other investors, I am quite sure that many (maybe most) investors
would have also taken the ELO haircut and exited the fund. This was material information (disclosure) that was not made available to the rest of the investor group. Omission indeed!!!!
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Post by forexloonie on Jan 7, 2020 16:47:18 GMT
E&Y is definitely part of the ELO misrepresentation! The audited Financial Statements for 2015 that we received on October 27, 2015 presented us with the picture perfect (No Assets taken as settlement of debt in the Balance Sheet).
HE never sent us an updated version of the Audited FS for 2015. After a huge delay we received the Audited FS for 2016 in March 2017 and we were shocked to see modified financial data for 2015 ($30.6M Assets taken as settlement of debt)!
From the Information Circular in 2019 (page 15) we found out that HE new as early as September 3, 2015 that the picture was far from perfect but failed to disclose that to the Investors: "September 3, 2015 – a portfolio manager with substantial shareholdings under management places a very substantial redemption request because of a concern with the mortgage portfolio default rate."
When I cannot sleep at night (which happens a lot later, guess why?), I blame myself for not taking the ELO. But in the spirit of fairness I did not have enough information at the time, because HE and their auditors E&Y did not disclose information that would have make us to consider taking the ELO
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harry
Junior Member
Posts: 15
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Post by harry on Jan 16, 2020 16:44:14 GMT
Perhaps we should get a comment from E&Y why that info was not included?
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