


PT Barnum had coined a phrase for this:
Thow told the clients they could expect returns ranging from 32 per cent to 192 per cent and that the investments were safe because they were secured by mortgages.


"This case represents one of the most callous and audacious frauds this province has seen," the [BCSC] panel said. "Thow preyed on his clients by offering them non-existent securities and instead using the funds to support his lavish lifestyle. He took their money and betrayed their trust. He has left a trail of financial devastation and heartbreak."...
Mr. Thow still faces a raft of lawsuits from former clients. The RCMP is also investigating his case, although no charges have been laid. As well, the Mutual Fund Dealers Association will hold a hearing Oct. 22 in Vancouver to consider a settlement agreement it has reached with Berkshire, which is accused of failing to adequately supervise Mr. Thow while he worked for the company.
David Baines wrote:It is appropriate to cast Thow as the villain, but it's trite to dismiss the victims as dupes who were too stupid or greedy to know better. Evidence arising from the BCSC hearing shows the story is much more complicated. What might have been easily exposed as a fraud-in-progress was heavily masked by the trappings of legitimacy.
As noted in previous columns, one of those trappings was Thow's status with Berkshire Investment Group...
Then there was his relationship with Berkshire's principal, Michael Lee Chin...
Another thing that gave Thow legitimacy, the panel noted, was his wealth...
Then there was Thow's tight relationship with ScotiaBank...
Then there was the legitimacy provided by the media, which lionized Thow for his community endeavours and philanthropy...
I am not suggesting that anybody other than Thow is legally culpable. I am simply saying that, in financial matters, people should always be skeptical. In this case, several key players -- his employer, his boss, the bank, local charities and media -- accepted Thow at face value. This acceptance provided a basis for investors to trust him. It was a mistake that everybody, not just investors, should acknowledge.

The Mutual Fund Dealers Association of Canada (MFDA) has imposed a $500,000 fine and a further $50,000 in costs against Berkshire Investment Group, now owned by Manulife Financial Corp. The settlement stems from accusations that the firm should have been aware of the actions of former vice-president Ian Thow, who stands accused of stealing millions from investors.
But the second hearing to reach an agreement between MFDA and Berkshire in Vancouver Thursday was greeted with derision by upset investors. The association did not impose any further business restriction or suspension, as it had the power to do on Berkshire, and said it was the heaviest fine it has ever imposed.
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Out of pocket investors were hoping the association would restrict the ability of the firm to operate for a period, saying that would be a far more effective penalty than a cash fine and send a strong message across Canada that investors can expect to be protected.
Brad, Daryl and Don Goodwin of Vancouver who lost over $1 million described the settlement "as a joke. It's self-regulatory working at its best. This doesn't cut it." ...


The British Columbia Securities Commission fined former mutual fund salesman Ian Gregory Thow $6 million and barred him from the province's capital markets for life on Friday.
The securities commission may never get to collect the record fine it has imposed. The regulatory body typically does not collect fines in cases like these, so investors can recover as much as possible.

The Vancouver Integrated Market Enforcement Team, along with Victoria police and the FBI, have formally charged Ian Thow with 25 counts of fraud over $5,000....
[Acting Sgt. Sammy Wu] said police are in the process of locating Mr. Thow so he can appear in court.


"Many of Thow's victims also made complaints to the RCMP and did so months before Berkshire even would admit he was an employee. [The IMET] statement makes it appear that Berkshire was the moving force behind charging Thow, when in fact, for months Berkshire distanced themselves and denied it was their problem," the client said.
"Please don't let your readers forget the impact on and the work done by many of Thow's victims to get to this stage of charging Thow."

Manulife Securities is the new trade name for a group of companies consisting of a mutual fund dealer, investment dealer and insurance agency operating across Canada, following Manulife's purchase of Berkshire-TWC Financial Group Inc.
"We are operating as a strong national firm that offers new opportunities for independent advisors serving their clients across Canada, committed to delivering the same high-quality service we provided in the past," explained Manulife Securities' President Rick Annaert.
"Manulife Securities is one of Canada's pre-eminent financial organizations serving more than 1,500 investment professionals, with the backing of Manulife's overall strength and expertise," he added. "We have a new look and are focused on leveraging the strengthened market and financial position of the combined companies."
Independent advisors continue to be the backbone of both Manulife and Berkshire, and that complementary culture has helped to complete a very smooth integration, Mr. Annaert explained. "Manulife and Berkshire both bring a great deal of value to the transaction, including the financial strength, resources and track record to execute the best possible integration. The whole is truly greater than the sum of its parts."
As a result of a legal amalgamation today, a new company has been created. At the same time, securities and insurance services also have been renamed, all headquartered at the former Berkshire premises in Burlington, Ontario...

Lawyers for the securities commission acknowledged that Mr. Thow's contraventions were dated before it changed the maximum administrative penalty, but said the penalty could be applied retroactively....
The court overturned the $6-million fine and substituted the maximum penalty allowed at the time of $250,000.

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