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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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Natural gas producers await LNG Canada’s start, but will it be the fix for prices?

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CALGARY – Natural gas producers in Western Canada have white-knuckled it through months of depressed prices, with the expectation that their fortunes will improve when LNG Canada comes online in the middle of next year.

But the supply glut plaguing the industry this fall is so large that not everyone is convinced the massive facility’s impact on pricing will be as dramatic or sustained as once hoped.

As the colder temperatures set in and Canadians turn on their furnaces, natural gas producers in Alberta and B.C. are finally starting to see some improvement after months of low prices that prompted some companies to delay their growth plans or shut in production altogether.

“We’ve pretty much been as low as you can go on natural gas prices. There were days when (the Alberta natural gas benchmark AECO price) was essentially pennies,” said Jason Feit, an advisor at Enverus Intelligence Research, in an interview.

“As a producer, it would not be economic to have produced that gas . . . It’s been pretty worthless.”

In the past week, AECO spot prices have hovered between $1.20 and $1.60 per gigajoule, a significant improvement over last month’s bottom-barrel prices but still well below the 2023 average price of $2.74 per gigajoule, according to Alberta Energy Regulator figures.

The bearish prices have come due to a combination of increased production levels — up about six per cent year-over-year so far in 2024 —as well as last year’s mild winter, which resulted in less natural gas consumption for heating purposes. There is now an oversupply of natural gas in Western Canada, so much so that natural gas storage capacity in Alberta is essentially full.

Mike Belenkie, CEO of Calgary-headquartered natural gas producer Advantage Energy Ltd., said companies have been ramping up production in spite of the poor prices in order to get ahead of the opening of LNG Canada. The massive Shell-led project nearing completion near Kitimat, B.C. will be Canada’s first large-scale liquefied natural gas export facility.

It is expected to start operations in mid-2025, giving Western Canada’s natural gas drillers a new market for their product.

“In practical terms everyone’s aware that demand will increase dramatically in the coming year, thanks to LNG Canada . . . and as a result of that line of sight to increased demand, a lot of producers have been growing,” Belenkie said in an interview.

“And so we have this temporary period of time where there’s more gas than there is places to put it.”

In light of the current depressed prices, Advantage has started strategically curtailing its gas production by up to 130 million cubic feet per day, depending on what the spot market is doing.

Other companies, including giants like Canadian Natural Resources Ltd. and Tourmaline Oil Corp., have indicated they will delay gas production growth plans until conditions improve.

“We cut all our gas growth out of 2024, once we’d had that mild winter. We did that back in Q2, because this is not the right year to bring incremental molecules to AECO,” said Mike Rose, CEO of Tourmaline, which is Canada’s largest natural gas producer, in an interview this week.

“We moved all our gas growth out into ’25 and ’26.”

LNG Canada is expected to process up to 2 billion cubic feet (Bcf) of natural gas per day once it reaches full operations. That represents what will be a significant drawdown of the existing oversupply, Rose said, adding that is why he thinks the future for western Canadian natural gas producers is bright.

“That sink of 2 Bcf a day will logically take three-plus years to fill. And then if LNG Canada Phase 2 happens, then obviously that’s even more positive,” Rose said.

While Belenkie said he agrees LNG Canada will lift prices, he’s not as convinced as Rose that the benefits will be sustained for a long period of time.

“Our thinking is that markets will be healthy for six months, a year, 18 months — whatever it is — and then after that 18 months, because prices will be healthy, supply will grow and probably overshoot demand again,” he said, adding he’s frustrated that more companies haven’t done what Advantage has done and curtailed production in an effort to limit the oversupply in the market.

“Frankly, we’ve been very disappointed to see how few other producers have chosen to shut in with gas prices this low. . . you’re basically dumping gas at a loss,” Belenkie said.

Feit, the analyst for Enverus, said there’s no doubt LNG Canada’s opening will be a major milestone that will help to support natural gas pricing in Western Canada. He added there are other Canadian LNG projects in the works that would also provide a boost in the longer-term, such as LNG Canada’s proposed Phase 2, as well as potential increased demand from the proliferation of AI-related data centres and other power-hungry infrastructure.

But Feit added that producers need to be disciplined and allow the market to balance in the near-term, otherwise supply levels could overshoot LNG Canada’s capacity and periods of depressed pricing could reoccur.

“Obviously selling gas at pennies on the dollar is not a sustainable business model,” Feit said.

“But there’s an old industry saying that the cure for low gas prices is low gas prices. You know, eventually companies will have to curtail production, they will have to make adjustments.”

This report by The Canadian Press was first published Oct. 25, 2024.

Companies in this story: (TSX:TOU; TSX:AAV, TSX:CNQ)

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Corus Entertainment reports Q4 loss, signs amended debt deal with banks

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TORONTO – Corus Entertainment Inc. reported a fourth-quarter loss compared with a profit a year ago as its revenue fell 21 per cent.

The broadcaster says its net loss attributable to shareholders amounted to $25.7 million or 13 cents per diluted share for the quarter ended Aug. 31. The result compared with a profit attributable to shareholders of $50.4 million or 25 cents per diluted share in the same quarter last year.

Revenue for the quarter totalled $269.4 million, down from $338.8 million a year ago.

On an adjusted basis, Corus says it lost two cents per share for its latest quarter compared with an adjusted loss of four cents per share a year earlier.

The company also announced that it has signed an deal to amend and restate its existing syndicated, senior secured credit facilities with its bank group.

The restated credit facility was changed to reduce the total limit on the revolving facility to $150 million from $300 million and increase the maximum total debt to cash flow ratio required under the financial covenants.

This report by The Canadian Press was first published Oct. 25, 2024.

Companies in this story: (TSX:CJR.B)

The Canadian Press. All rights reserved.

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Hiring Is a Process of Elimination

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Job seekers owe it to themselves to understand and accept; fundamentally, hiring is a process of elimination. Regardless of how many applications an employer receives, the ratio revolves around several applicants versus one job opening, necessitating elimination.

Essentially, job gatekeepers—recruiters, HR and hiring managers—are paid to find reasons and faults to reject candidates (read: not move forward) to find the candidate most suitable for the job and the company.

Nowadays, employers are inundated with applications, which forces them to double down on reasons to eliminate. It’s no surprise that many job seekers believe that “isms” contribute to their failure to get interviews, let alone get hired. Employers have a large pool of highly qualified candidates to select from. Job seekers attempt to absolve themselves of the consequences of actions and inactions by blaming employers, the government or the economy rather than trying to increase their chances of getting hired by not giving employers reasons to eliminate them because of:

 

  • Typos, grammatical errors, poor writing skills.

 

“Communication, the human connection, is the key to personal and career success.” ― Paul J. Meyer.

The most vital skill you can offer an employer is above-average communication skills. Your resume, LinkedIn profile, cover letters, and social media posts should be well-written and error-free.

 

  • Failure to communicate the results you achieved for your previous employers.

 

If you can’t quantify (e.g. $2.5 million in sales, $300,000 in savings, lowered average delivery time by 6 hours, answered 45-75 calls daily with an average handle time of 3 and a half minutes), then it’s your opinion. Employers care more about your results than your opinion.

 

  • An incomplete LinkedIn profile.

 

Before scheduling an interview, the employer will review your LinkedIn profile to determine if you’re interview-worthy. I eliminate any candidate who doesn’t have a complete LinkedIn profile, including a profile picture, banner, start and end dates, or just a surname initial; anything that suggests the candidate is hiding something.  

 

  • Having a digital footprint that’s a turnoff.

 

If an employer is considering your candidacy, you’ll be Google. If you’re not getting interviews before you assert the unfounded, overused excuse, “The hiring system is broken!” look at your digital footprint. Employers are reading your comments, viewing your pictures, etc. Ask yourself, is your digital behaviour acceptable to employers, or can it be a distraction from their brand image and reputation? On the other hand, not having a robust digital footprint is also a red flag, particularly among Gen Y and Gen Z hiring managers. Not participating on LinkedIn, social media platforms, or having a blog or website can hurt your job search.

 

  • Not appearing confident when interviewing.

 

Confidence = fewer annoying questions and a can-do attitude.

It’s important for employers to feel that their new hire is confident in their abilities. Managing an employee who lacks initiative, is unwilling to try new things, or needs constant reassurance is frustrating.

Job searching is a competition; you’re always up against someone younger, hungrier and more skilled than you.

Besides being a process of elimination, hiring is also about mitigating risk. Therefore, being seen as “a risk” is the most common reason candidates are eliminated, with the list of “too risky” being lengthy, from age (will be hard to manage, won’t be around long) to lengthy employment gaps (raises concerns about your abilities and ambition) to inappropriate social media postings (lack of judgement).

Envision you’re a hiring manager hiring for an inside sales manager role. In the absence of “all things being equal,” who’s the least risky candidate, the one who:

  • offers empirical evidence of their sales results for previous employers, or the candidate who “talks a good talk”?
  • is energetic, or the candidate who’s subdued?
  • asks pointed questions indicating they’re concerned about what they can offer the employer or the candidate who seems only concerned about what the employer can offer them.
  • posts on social media platforms, political opinions, or the candidate who doesn’t share their political views?
  • on LinkedIn and other platforms in criticizes how employers hire or the candidate who offers constructive suggestions?
  • has lengthy employment gaps, short job tenure, or a steadily employed candidate?
  • lives 10 minutes from the office or 45 minutes away?
  • has a resume/LinkedIn profile that shows a relevant linear career or the candidate with a non-linear career?
  • dressed professionally for the interview, or the candidate who dressed “casually”?

An experienced hiring manager (read: has made hiring mistakes) will lean towards candidates they feel pose the least risk. Hence, presenting yourself as a low-risk candidate is crucial to job search success. Worth noting, the employer determines their level of risk tolerance, not the job seeker, who doesn’t own the business—no skin in the game—and has no insight into the challenges they’ve experienced due to bad hires and are trying to avoid similar mistakes.

“Taking a chance” on a candidate isn’t in an employer’s best interest. What’s in an employer’s best interest is to hire candidates who can hit the ground running, fit in culturally, and are easy to manage. You can reduce the odds (no guarantee) of being eliminated by demonstrating you’re such a candidate.

_____________________________________________________________________

 

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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