John Ruiz Dempsey, criminologist and forensic litigation specialist filed a class action suit on behalf of the People of Canada alleging that financial institutions are engaged in illegal creation of money, reports Tom Kennedy, a Canadian activist for economic reform.
One of the best kept secrets is the mechanism of money creation in today's economic system. Although not really a secret at all, the fact that money is created not by and for the people who use it and not even by the government, but is issued by commercial banks when giving loans to private persons or government, is hidden by what could be described as thick clouds of smoke, put out by economists and government departments.
The complaint was filed Friday April 15, 2005 in the Supreme Court of British Columbia at New Westminster. It alleges that all financial institutions who are in the business of lending money have engaged in a deliberate scheme to defraud the borrowers by lending non-existent money which are illegally created by the financial institutions out of "thin air."
The legal action brings to the fore one of the major economic "drag factors" - the interest charged by banks for money that technically and legally is not theirs to lend, because even governments end up paying interest to banks lending money for public spending, and they in turn charge tax payers. A large part of every country's tax revenue goes first and foremost - before any "internal" spending - to payment of interest, largely because of the basic flaw in our way of creating money by the rich and for the rich.
Here is some more detail about the class action filed in Canada.
Class Action Suit Filed on Behalf of the People of Canada
forwarded by Tom Kennedy
New Westminster, B.C., April 15, 2005.
John Ruiz Dempsey BSCr, LL.B, a criminologist and forensic litigation specialist filed a class action suit on behalf of the People of Canada alleging that financial institutions are engaged in illegal creation of money.
The complaint filed Friday April 15, 2005 in the Supreme Court of British Columbia at New Westminster, alleges that all financial institutions who are in the business of lending money have engaged in a deliberate scheme to defraud the borrowers by lending non-existent money which are illegally created by the financial institutions out of "thin air."
Dempsey claims that creation of money out of nothing is ultra vires these defendants' charter or granted corporate power and therefore void and all monies loaned under false pretence contravenes the Criminal Code.
The suit which is the first of its kind ever filed in Canada which could involve millions of Canadians alleges that the contracts entered into between the People ("the borrowers") and the financial institutions were void or voidable and have no force and effect due to anticipated breach and for non-disclosure of material facts.
Dempsey says the transactions constitute counterfeiting and money laundering in that the source of money, if money was indeed advanced by the defendants and deposited into the borrowers' accounts, could not be traced, nor could it be explained or accounted for.
The suit names Envision Credit Union ("Envision"), a credit union; Laurentian Bank of Canada ("Laurentian Bank"), Royal Bank of Canada ("Royal Bank"), Canadian Imperial Bank of Commerce ("CIBC"), Bank of Montreal ("BOM"), TD Canada Trust ("Canada Trust") and Canadian Payment Association ("CPA") as civil conspirators.
The plaintiff in the lawsuit is seeking recovery of money and property that was lost by way of confiscation through illegal "debt" collection and foreclosure. The Plaintiff is also seeking for the return of the equities which rightfully belong to the People of Canada, now being held by the defendant financial institutions as constructive trustees without color of right.
At all material times, these defendant banks and all of them have no legal standing to lend any money to borrowers, because:
1) these banks and credit unions did not have the money to lend, and therefore they did not have any capacity to enter into a binding contract;
2) the defendants did not have any cash reserve, they are not legally permitted to lend their depositor's or member's money without expressed written authorization form the depositors, and:
3) the defendants have no tangible assets of their own to lend and all their "assets" are "paper assets" which are mainly in the form of "receivables" created by them out of "thin air," derived out of loans whereas the monies loaned out were also created out of thin air.
Other than bookkeeping and computer entries, no money or substance of any value was loaned by the defendants to the Plaintiff. In all of the loan transactions entered into between the Plaintiff and the Defendants, the financial institutions did not bring any equity to any of the transaction.
All the equities were provided by the borrowers. The practices of the defendant financial institutions alleged in the complaint starkly contrast the practices of responsible and ethical money lenders who actually lend real, tangible, legal tender cash money.
The complaint alleges that the loan transactions are fraudulent because no value was ever imparted by the defendants to the Plaintiff; these defendants did not risk anything, nor lost anything and never would have lost anything under any circumstances and therefore no lien has been perfected according to law and equity against the Plaintiff.
The foreclosure proceedings which comes as a result of the borrower defaulting on such fraudulent loans were carried out in bad faith by the defendant banks and credit unions, and as such, these foreclosures were in every respect unlawful acts of conversion and unlawful seizure of property without due process of law which always results in the unjust enrichment of the defendants.
The suit alleges that the defendants utilize fraudulent banking practices whereby they deceive customers into believing that they are actually receiving "credit" or money when in fact no actual money is being loaned to their customers. However, the complaint describes a practice whereby there is realistically no money other than ledger or computer entries being loaned to the borrowers.
Rather than real money being received by the borrowers, "electronic" or "digitally created money", created out of nothing, at no cost to the financial institutions are entered as "loans" into their customers' accounts. The borrowers are then required to pay criminal interest rates for the money they never received. The suit alleges that the defendants effectively turn consumers into virtual debt slaves, forcing them to pay for something they never received, and then seizing their properties if they can no longer pay the banks with real money.
There is no law in Canada that could remotely suggest that the defendant financial institutions have the legal right to create money out of nothing. Dempsey says: "only God has the power to create anything out of nothing."
The class action suit, the first and the biggest of its kind in Canada is intended to give the justice system the opportunity to prove to itself and to the People of Canada who is really in control or whether they would continue to allow itself to be used by the banks as a tool in their unlawful and fraudulent banking practices which always ends in the enslavement of the people and confiscation of the people's properties.
Two other class action suits were filed by John Ruiz Dempsey against the banks. The first one was filed by Dempsey on behalf of Ian Dennis Gravlin of Calgary, Alberta and Pavel Darmantchev of Kelowna, B.C. versus the Canadian Imperial Bank of Commerce. This matter is set for case management conference hearing on April 26, 2005. The Plaintiff expects a stiff opposition from the defendant's law firm. Madam Justice Garson is the case management judge assigned to the case.
A second class action suit was filed against MBNA CANADA BANK on behalf of Pavel Darmantchev of Kelowna, B.C., Ian Dennis Gravlin of Calgary, Alberta and Dena Alden of Vancouver, B.C.
A copy of the Dempsey legal action as filed can be found here to download as PDF.
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John Ruiz Dempsey, criminologist and forensic litigation specialist filed a class action suit on behalf of the People of Canada alleging that financial institutions are engaged in illegal creation of money, reports Tom Kennedy, a Canadian activist for economic reform.
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