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Investors say millions are missing and a businessman can't be found. How an alleged Ponzi scheme played out – CBC.ca

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A Toronto businessman accused in court filings of being one of two masterminds in a multimillion-dollar COVID-19-related Ponzi scheme can’t be located as angry creditors, their lawyers and shadowy figures with ties to illegal gambling rings try to find him and their money.

Mark E. Cohen, who previously worked in the rental car industry at Toronto’s Pearson International Airport, hasn’t been seen at his North York home since August, according to documents filed with the Ontario Superior Court of Justice. The documents also say that he hasn’t been in contact with investors for months.

While some of those investors have turned to the courts to challenge Cohen, others have taken matters into their own hands, CBC News has learned.

According to a source familiar with the situation, who is not authorized to speak publicly on the matter, some individuals with ties to illegal gambling rings in Woodbridge, north of Toronto, have made late-night visits to the 46-year-old’s former home, and the homes of his family members, making violent threats and demanding to know Cohen’s whereabouts to get their money back. 

Cohen is facing three lawsuits accusing him of convincing investors to help him buy used cars that would be resold at huge profits amid the pandemic-triggered vehicle shortage last year. 

None of the allegations against him or other defendants named in the filings has been proven in court.

Investors were promised returns of as much as 13 per cent a month on their investments. Some handed over more than $5 million before Cohen allegedly disappeared with their money, according to civil court filings. In total, lawyers for the plaintiffs allege Cohen stole more than $12 million.

COVID-19 has triggered supply chain disruptions and shortages, resulting in prices of new and used cars to surge. (Getty Images)

Locating Cohen has proven difficult. 

“I verily believe that Mark Cohen’s whereabouts are presently unknown,” wrote one plaintiff in an affidavit filed in court this past November. “He has refused to disclose his location since August 2021.” 

According to court records, Cohen has changed his phone number and blocked others from calling him. 

Lawyer Justin Anisman represents nine plaintiffs who are suing Cohen. 

“He’s avoiding participation in this lawsuit for whatever reason. He hasn’t fled the country but we haven’t been able to locate him in person,” Anisman said in an interview.

Instead, the court approved lawyers to serve Cohen by email as opposed to in person, which is the usual process.

He has not filed a statement of defence or shown up to a preliminary court proceeding.

Investors suing another businessman

Cohen isn’t the only one being accused of masterminding the used car rental proposal.

Another Toronto businessman, Josh Lieff, is being sued by another set of investors going after both him and Cohen.

Lawyer Robert Karrass is representing those investors.

They allege Lieff acted as the middleman, convincing them Cohen was trustworthy, his business legitimate and accepting the money on Cohen’s behalf without doing due diligence. 

“To date, we have not seen any evidence to suggest that this car scheme was in fact real, but rather that somebody was collecting this money and using it to pay off investors,” Karrass said.

To complicate matters, Lieff is also one of the plaintiffs in the lawsuit filed by Anisman against Cohen.

In a statement to CBC News, Lieff’s defence lawyer, Gary Caplan, said his client denies all allegations made against him.

“Mr. Lieff will defend any claim he’s somehow a mastermind in a Ponzi scheme,” said Caplan. He has not yet filed a statement of defence.

Last spring, Josh Lieff and others texted about ramping up their investments in Cohen’s business, according to affidavits and exhibits filed in court. The plaintiffs allege they were led to believe that in March their money had been used to purchase seven Honda Civics and 13 Toyota Rav 4s. (Submitted by Karrass Law)

Cohen and others began contacting investors to pitch what they said would be a lucrative business venture in the fall of 2020, according to a statement of claim filed last month. 

He and others allegedly promised he would be able to purchase used vehicles from rental companies across Canada. They included Jeeps, Toyota Camrys, Honda Civics and BMW X3s bought at below market value, according to the court documents.

The alleged plan was to resell them to dealerships at significantly higher prices to generate “extraordinary returns on investment,” the statement of claim says. 

“My clients allege Mr. Cohen took advantage of … the well-known fact that the used car market was very profitable around this time period to trick my clients into believing this investment was legitimate,” said Anisman.

They were promised a monthly return ranging between five and 13 per cent and in “typical Ponzi scheme fashion” pressured to keep their money and profits in the business so it would continue to grow, according to the lawsuit. 

In the beginning, investors would get back the promised high returns, which encouraged them to invest more, the statement of claim states. 

Word of the venture spread among Cohen’s associates in the area, including business owners, a lawyer and a dentist and their family members and friends in Richmond Hill, Thornhill and Vaughan, according to motion records filed in court.

One plaintiff said he learned of the opportunity from chatting with Lieff and another dad while watching their kids play basketball outside their school, according to his affidavit. He ended up investing a total of $800,000. 

Court records allege Cohen refunded money to some investors, but many were left empty-handed.

Investors became increasingly frantic trying to track down Cohen and their money this past fall, court documents allege. One plaintiff says Lieff provided a screenshot of text messages he’d sent to Cohen demanding to know what was going on with an order of used cars from Quebec. (Submitted by Karrass Law)

Cohen also allegedly drew in individuals known to be involved with illegal gambling rings in Woodbridge, according to the source.

Assets frozen. Search for millions is on

Meanwhile, the Ontario Superior Court of Justice has temporarily frozen Cohen’s assets and lawyers plan to get further court-ordered access to a trail of bank records in an effort to trace where the money went. 

Court documents allege significant amounts of money were transferred to Cohen personally and to numbered companies he controlled, as well as an investment brokerage.

One plaintiff alleges he discovered bank accounts shown above and associated with Cohen’s car business had been drained around the same time Cohen stopped responding to investors, according to an affidavit filed in court. (Submitted by Karrass Law)

Next month, lawyers for the plaintiffs will ask a court for a so-called Mareva injunction, which if granted would require Cohen to disclose all his assets in Canada and worldwide.

It would also compel Canadian financial institutions to reveal details of his accounts and transactions.  

Toronto lawyer Monique Jilesen, who is not associated with this case but is an expert in civil fraud, said the Mareva injunction is a “powerful legal tool” to trace where and to whom money has been sent within Canada.

If it’s sent offshore, however, she said, “it can be a very tedious, long and expensive process” to recover.

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The #1 Skill I Look For When Hiring

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File this column under “for what it’s worth.”

“Communication is one of the most important skills you require for a successful life.” — Catherine Pulsifer, author.

I’m one hundred percent in agreement with Pulsifer, which is why my evaluation of candidates begins with their writing skills. If a candidate’s writing skills and verbal communication skills, which I’ll assess when interviewing, aren’t well above average, I’ll pass on them regardless of their skills and experience.

 

Why?

 

Because business is fundamentally about getting other people to do things—getting employees to be productive, getting customers to buy your products or services, and getting vendors to agree to a counteroffer price. In business, as in life in general, you can’t make anything happen without effective communication; this is especially true when job searching when your writing is often an employer’s first impression of you.

 

Think of all the writing you engage in during a job search (resumes, cover letters, emails, texts) and all your other writing (LinkedIn profile, as well as posts and comments, blogs, articles, tweets, etc.) employers will read when they Google you to determine if you’re interview-worthy.

 

With so much of our communication today taking place via writing (email, text, collaboration platforms such as Microsoft Teams, Slack, ClickUp, WhatsApp and Rocket.Chat), the importance of proficient writing skills can’t be overstated.

 

When assessing a candidate’s writing skills, you probably think I’m looking for grammar and spelling errors. Although error-free writing is important—it shows professionalism and attention to detail—it’s not the primary reason I look at a candidate’s writing skills.

 

The way someone writes reveals how they think.

 

  • Clear writing = Clear thinking
  • Structured paragraphs = Structured mind
  • Impactful sentences = Impactful ideas

 

Effective writing isn’t about using sophisticated vocabulary. Hemingway demonstrated that deceptively simple, stripped-down prose can captivate readers. Effective writing takes intricate thoughts and presents them in a way that makes the reader think, “Damn! Why didn’t I see it that way?” A good writer is a dead giveaway for a good thinker. More than ever, the business world needs “good thinkers.”

 

Therefore, when I come across a candidate who’s a good writer, hence a good thinker, I know they’re likely to be able to write:

 

  • Emails that don’t get deleted immediately and are responded to
  • Simple, concise, and unambiguous instructions
  • Pitches that are likely to get read
  • Social media content that stops thumbs
  • Human-sounding website copy
  • Persuasively, while attuned to the reader’s possible sensitivities

 

Now, let’s talk about the elephant in the room: AI, which job seekers are using en masse. Earlier this year, I wrote that AI’s ability to hyper-increase an employee’s productivity—AI is still in its infancy; we’ve seen nothing yet—in certain professions, such as writing, sales and marketing, computer programming, office and admin, and customer service, makes it a “fewer employees needed” tool, which understandably greatly appeals to employers. In my opinion, the recent layoffs aren’t related to the economy; they’re due to employers adopting AI. Additionally, companies are trying to balance investing in AI with cost-cutting measures. CEOs who’ve previously said, “Our people are everything,” have arguably created today’s job market by obsessively focusing on AI to gain competitive advantages and reduce their largest expense, their payroll.

 

It wouldn’t be a stretch to assume that most AI usage involves generating written content, content that’s obvious to me, and likely to you as well, to have been written by AI. However, here’s the twist: I don’t particularly care.

 

Why?

 

Because the fundamental skill I’m looking for is the ability to organize thoughts and communicate effectively. What I care about is whether the candidate can take AI-generated content and transform it into something uniquely valuable. If they can, they’re demonstrating the skills of being a good thinker and communicator. It’s like being a great DJ; anyone can push play, but it takes skill to read a room and mix music that gets people pumped.

 

Using AI requires prompting effectively, which requires good writing skills to write clear and precise instructions that guide the AI to produce desired outcomes. Prompting AI effectively requires understanding structure, flow and impact. You need to know how to shape raw information, such as milestones throughout your career when you achieved quantitative results, into a compelling narrative.

So, what’s the best way to gain and enhance your writing skills? As with any skill, you’ve got to work at it.

Two rules guide my writing:

 

  • Use strong verbs and nouns instead of relying on adverbs, such as “She dashed to the store.” instead of “She ran quickly to the store.” or “He whispered to the child.” instead of “He spoke softly to the child.”
  • Avoid using long words when a shorter one will do, such as “use” instead of “utilize” or “ask” instead of “inquire.” As attention spans get shorter, I aim for clarity, simplicity and, most importantly, brevity in my writing.

 

Don’t just string words together; learn to organize your thoughts, think critically, and communicate clearly. Solid writing skills will significantly set you apart from your competition, giving you an advantage in your job search and career.

_____________________________________________________________________

 

Nick Kossovan, a well-seasoned veteran of the corporate landscape, offers “unsweetened” job search advice. You can send Nick your questions to artoffindingwork@gmail.com.

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Politics likely pushed Air Canada toward deal with ‘unheard of’ gains for pilots

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MONTREAL – Politics, public opinion and salary hikes south of the border helped push Air Canada toward a deal that secures major pay gains for pilots, experts say.

Hammered out over the weekend, the would-be agreement includes a cumulative wage hike of nearly 42 per cent over four years — an enormous bump by historical standards — according to one source who was not authorized to speak publicly on the matter. The previous 10-year contract granted increases of just two per cent annually.

The federal government’s stated unwillingness to step in paved the way for a deal, noted John Gradek, after Prime Minister Justin Trudeau made it plain the two sides should hash one out themselves.

“Public opinion basically pressed the federal cabinet, including the prime minister, to keep their hands clear of negotiations and looking at imposing a settlement,” said Gradek, who teaches aviation management at McGill University.

After late-night talks at a hotel near Toronto’s Pearson airport, the country’s biggest airline and the union representing 5,200-plus aviators announced early Sunday morning they had reached a tentative agreement, averting a strike that would have grounded flights and affected some 110,000 passengers daily.

The relative precariousness of the Liberal minority government as well as a push to appear more pro-labour underlay the prime minister’s hands-off approach to the negotiations.

Trudeau said Friday the government would not step in to fix the impasse — unlike during a massive railway work stoppage last month and a strike by WestJet mechanics over the Canada Day long weekend that workers claimed road roughshod over their constitutional right to collective bargaining. Trudeau said the government respects the right to strike and would only intervene if it became apparent no negotiated deal was possible.

“They felt that they really didn’t want to try for a third attempt at intervention and basically said, ‘Let’s let the airline decide how they want to deal with this one,'” said Gradek.

“Air Canada ran out of support as the week wore on, and by the time they got to Friday night, Saturday morning, there was nothing left for them to do but to basically try to get a deal set up and accepted by ALPA (Air Line Pilots Association).”

Trudeau’s government was also unlikely to consider back-to-work legislation after the NDP tore up its agreement to support the Liberal minority in Parliament, Gradek said. Conservative Leader Pierre Poilievre, whose party has traditionally toed a more pro-business line, also said last week that Tories “stand with the pilots” and swore off “pre-empting” the negotiations.

Air Canada CEO Michael Rousseau had asked Ottawa on Thursday to impose binding arbitration pre-emptively — “before any travel disruption starts” — if talks failed. Backed by business leaders, he’d hoped for an effective repeat of the Conservatives’ move to head off a strike in 2012 by legislating Air Canada pilots and ground crew to stick to their posts before any work stoppage could start.

The request may have fallen flat, however. Gradek said he believes there was less anxiety over the fallout from an airline strike than from the countrywide railway shutdown.

He also speculated that public frustration over thousands of cancelled flights would have flowed toward Air Canada rather than Ottawa, prompting the carrier to concede to a deal yielding “unheard of” gains for employees.

“It really was a total collapse of the Air Canada bargaining position,” he said.

Pilots are slated to vote in the coming weeks on the four-year contract.

Last year, pilots at Delta Air Lines, United Airlines and American Airlines secured agreements that included four-year pay boosts ranging from 34 per cent to 40 per cent, ramping up pressure on other carriers to raise wages.

After more than a year of bargaining, Air Canada put forward an offer in August centred around a 30 per cent wage hike over four years.

But the final deal, should union members approve it, grants a 26 per cent increase in the first year alone, retroactive to September 2023, according to the source. Three wage bumps of four per cent would follow in 2024 through 2026.

Passengers may wind up shouldering some of that financial load, one expert noted.

“At the end of the day, it’s all us consumers who are paying,” said Barry Prentice, who heads the University of Manitoba’s transport institute.

Higher fares may be mitigated by the persistence of budget carrier Flair Airlines and the rapid expansion of Porter Airlines — a growing Air Canada rival — as well as waning demand for leisure trips. Corporate travel also remains below pre-COVID-19 levels.

Air Canada said Sunday the tentative contract “recognizes the contributions and professionalism of Air Canada’s pilot group, while providing a framework for the future growth of the airline.”

The union issued a statement saying that, if ratified, the agreement will generate about $1.9 billion of additional value for Air Canada pilots over the course of the deal.

Meanwhile, labour tension with cabin crew looms on the horizon. Air Canada is poised to kick off negotiations with the union representing more than 10,000 flight attendants this year before the contract expires on March 31.

This report by The Canadian Press was first published Sept. 16, 2024.

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Federal $500M bailout for Muskrat Falls power delays to keep N.S. rate hikes in check

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HALIFAX – Ottawa is negotiating a $500-million bailout for Nova Scotia’s privately owned electric utility, saying the money will be used to prevent a big spike in electricity rates.

Federal Natural Resources Minister Jonathan Wilkinson made the announcement today in Halifax, saying Nova Scotia Power Inc. needs the money to cover higher costs resulting from the delayed delivery of electricity from the Muskrat Falls hydroelectric plant in Labrador.

Wilkinson says that without the money, the subsidiary of Emera Inc. would have had to increase rates by 19 per cent over “the short term.”

Nova Scotia Power CEO Peter Gregg says the deal, once approved by the province’s energy regulator, will keep rate increases limited “to be around the rate of inflation,” as costs are spread over a number of years.

The utility helped pay for construction of an underwater transmission link between Newfoundland and Nova Scotia, but the Muskrat Falls project has not been consistent in delivering electricity over the past five years.

Those delays forced Nova Scotia Power to spend more on generating its own electricity.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.

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