• Report: #1001570

Complaint Review: Carmen Elizondo Cole, Edward Albert Cole , Seaside Mariana Investor Union Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations

  • Submitted: Tue, January 22, 2013
  • Updated: Fri, November 21, 2014

  • Reported By: Grupo Mariana — Managua Other Nicaragua
Carmen Elizondo Cole, Edward Albert Cole , Seaside Mariana Investor Union Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations
9902 Franklin Road Spring, Texas United States of America

Carmen Elizondo Cole, Edward Albert Cole , Seaside Mariana Investor Union Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations Seaside Mariana Investor Union AKA: Cole Storage, Brent Balog, Michael Edmonds, Taylor & Zach Collings, Edward Albert Cole, Carmen Elizondo Cole, Geoff Bramwell, John Bramwell Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations Spring, Texas

*Author of original report: British Columbia Supreme Court Grants Kevin Fleming Permission to Serve Defendants Online

*Author of original report: Kevin Fleming Defamation Lawsuit Filed in the Supreme Court of British Columbia; Canada

*Author of original report: Edward Albert Cole (AKA. Ted Cole and Grupo Coleli) Exposed for Irregular and Illegal Activities in Nicaragua

*Author of original report: Legal Matters Resolved: A New Mariana Emerges from the Past and Embraces the Future

*Author of original report: Legal Matters Resolved: A New Mariana Emerges from the Past and Embraces the Future

*Author of original report: Request for Meeting with Edward Albert Cole in Nicaragua

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Numerous accusations have been made; most lack substance.  However, Grupo Mariana regards the situation as serious as the implications are disturbing. It should be noted that all allegations are being investigated and will be responded to in due course. 

In the meantime, two issues should be touched upon briefly. The first is the accusation that delays are tantamount to fraud and the second is the motive and credibility of the accusers. 

A delay is something that is postponed or moved to a date later than expected. Fraud is deliberate  deceit or cheating intended to gain an advantage. To equate the two is irrational. 

From the start, Grupo Mariana set out to raise the bar in Nicaragua. Grupo Mariana achieved unparalleled success in that endeavor, bringing brands like Kemper Sports Management, Nicklaus Design and Wyndham Hotels & Resorts to the region.  When taking a project to a new level, time and patience are required.  It is imperative to ensure that everything is done correctly. There are numerous stories throughout Latin America of investors purchasing real estate only to find later that permits are not in place, title is not as represented, etc.

For our organization, taking things to a new level (a level not yet seen in Nicaragua) has required extra time in planning, due diligence and proper permitting. We could have cut corners in order to move faster but that is not the development we set out to create, nor the development our investors deserve.

The hard truth of the matter is that things can get done very quickly if someone does them the wrong way.  If things are done the right way the process is much longer and patience is required.  We are a company that looks to the long term rather than the short term.  We are interested in quality, not quick fixes. Sometimes getting the best takes time but it is undeniably worth it.

Lately our efforts have been hindered and undermined by a small group of people who appear to have an agenda. The accusations put forth are ostensibly to protect investors. However, the motivation of the accusers warrants consideration.  Motive can be revealing.  Credibility is crucial as well; we will elaborate in future communications.

As always, our investors come first. We have overcome challenges in the past and will overcome the new challenges as well.  Those who bet against us in the past have been disappointed. The current situation, while formidable, will prove no different. We will not allow a small group of people (with questionable motives) to undermine the progress we have achieved and hurt investors who have placed their trust in our hands.

Grupo Mariana currently has meetings scheduled with Pro Nicaragua, attorneys both domestic and international and other parties, which will remain confidential for the time being. Please be assured that we will be taking appropriate action in all facets of the situation as well as pursuing matters to the fullest extent of the law.

As most of you are undoubtedly aware, Seaside Mariana suffered a significant setback recently. As the result of a single illegal lawsuit, Wyndham Hotels Group terminated the relationship with Seaside Mariana. On December 10, 2012, Nicklaus Design followed suit.

Because the lawsuit has had such a detrimental impact on our project, it merits further discussion. It affects everyones investment; you deserve to know the truth.

There have been many falsehoods circulated. We look forward to setting the record straight so we can turn our attention to the most important thing: The still beautiful oceanfront property of Seaside Mariana and how we regroup and move forward.
 
Truth About the Lawsuit:

The Claim: Mr. Cole claimed he made repeated requests to meet but we failed to respond. He said he had no choice but to file a lawsuit, which he calls Arbitration. 

The Truth: This is false. We were in regular contact with Ted Cole and maintained frequent contact over a period of six years. In fact, we attempted to contact Mr. Cole on June 5th, 2012 but received no answer. A month later we were notified that he had filed a lawsuit against us.

On September 18, 2012 we once again attempted to contact Mr. Cole but were met with no response. Shortly thereafter on November 6, 2012 a letter containing multiple accusations and multiple falsehoods was posted on the Ripoff Report and distributed to Grupo Mariana Owners and others not directly involved with our company.
 
The Claim: Mr. Cole claims that Seaside Mariana failed to show up for Arbitration.

The Truth: This is false.  Mr. Cole attempted to treat and call the lawsuit and arbitration as if they were one and the same. Lawsuits and Arbitration proceedings are entirely different.

The contract Mr. Cole signed specifies that Arbitration on the seven lots must be filed in Miami, Florida. Arbitration on the condos must be filed in Managua. We invite Mr. Cole to provide documentation that he filed Arbitration proceedings in either jurisdictionor anywhere for that matter. 

ARBITRATION SEQUENCE:

There is a 4-week advance notice that Arbitration will take place. Each party must provide funds to cover arbitration costs (center + arbitrators). Estimate US $18,000.00; which is divided equally between the parties.  
Once the arbitrator is appointed they call the parties for a meeting to see if an agreement may be reached to avoid the rest of the process. If you are not in country a representative may appear on your behalf.

If an agreement is not reached, the arbitrator will establish the number of days the plaintiff has to present the claim (7-15 days) and the number of days the defendant has to reply (equal number of days).

The process may last 6-12 months until a decision and award is made. 

LAWSUIT SEQUENCE:

The first resolution is admitting the lawsuit, calling the parties to a mediation hearing and possibly a Judge instructing the Public Registrar to record or cancel the lawsuit . The first actions subsequent to Mr. Coles lawsuit were nullified on August 16, 2012.

However, in the same resolution that upheld Seaside Marianas challenge, the Judge issued an amended resolution containing the same mistakes and irregularities that nullified the first one.

A second motion to nullify was filed on August 17, 2012. The second motion has not been decided. Despite this new challenge, the Judge sent the copy of the lawsuit to the Public Registrar for its recordation. Seaside Mariana was not notified that the lawsuit was recorded on August 20, 2012; nor were we given the chance to appear before a Judge prior to the recordation.  
 
The Claim: Ted Cole claims he has $250,000 of his own funds invested in seven lots.

The Truth: Seven of the lots Mr. Cole sued over do not belong to him 100%. The seven lots are also owned by two other people, Richard Foster and Michael Edmonds, neither of which are listed on the lawsuit.  Mr. Cole is also suing for interest on seven lots that are not exclusively his.
 
The Claim: Mr. Cole claims he is entitled to $423,009 to account for lost interest from his thriving real estate business in Canada.

The Truth: We have written confirmation from Mr. Cole himself and his wife Carmen Elizondo that his business in Canada was struggling. The claim for $423,009 in lost interest from his thriving business appears to be a fabrication.

Keep in mind that some of the money for the seven lots was put up by two other people yet Mr. Cole is suing as if the entire amount were his own. That would presuppose that had the other two people not invested in Seaside Mariana they would have given Mr. Cole their money to invest in his Canada business instead. That also presupposes that had they invested with him they would not have asked for the interest generated on their money but (for some unknown reason) given the money to Mr. Cole instead. 
 
The Claim: Mr. Cole claims that his lawsuit puts a lien on the property of Seaside Mariana.       

The Truth: This is false. The lawsuit is not a lien because it does not dispute ownership rights at Seaside Mariana. It is not an embargo either because Mr. Cole has not paid the bond equivalent to $2,073,010.50. In addition,  in order to physically execute an embargo over the assets of another, a payment of 2% must be made to the Supreme Court of Justice. In Coles lawsuit that would amount to a payment of over $40,000. Cole has not paid this fee and no embargo has been issued or executed.

Even though there was a provisional recordation, it does not qualify as a lien. The immovable assets or real rights over which a provisional recordation has been made may be transferred or encumbered without prejudice of the persons right in favor of whom the recordation was made.

According to Nicaraguan attorneys Mr. Ernesto Rizo  and Mr. Rolando Zambrana from the firm of NUNEZ RIZO ZAMBRANA,  The Provisional Recordation of the Damages Lawsuit does NOT grant Mr. Edward Albert Cole any priority, privilege or right over the Corporations assets.
 
The Claim:  Mr. Cole claims that if he wins only 26 lots will retain title. The rest will likely face 100% losses.

The Truth: This is not true but it is quite revealing in regards to Mr. Coles motives as well as concern for his fellow investors, or lack thereof. 

The bottom line is that Mr. Cole ignored our attempts to contact him, ignored the required Arbitration clause and proceeded to file a recklessly negligent lawsuit that adversely affects all investors.

We hope this answers the main questions you may have regarding the lawsuit that set the current circumstances in motion. Our goal is to get the truth out and then move forward. There have been falsehoods circulated in regards to the termination of the Wyndham Hotel Group relationship as well.

This report was posted on Ripoff Report on 01/22/2013 08:42 PM and is a permanent record located here: http://www.ripoffreport.com/r/Carmen-Elizondo-Cole-Edward-Albert-Cole-Seaside-Mariana-Investor-Union-Interference-of-a-Contract-Deceit-Slander-Libel-Defamation-Malicious-Prosecution-and-Negligent-Misrepresentations/Spring-Texas-/Carmen-Elizondo-Cole-Edward-Albert-Cole-Seaside-Mariana-Investor-Union-Interference-of-1001570. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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#1 Author of original report

British Columbia Supreme Court Grants Kevin Fleming Permission to Serve Defendants Online

AUTHOR: Grupo Mariana - ()

On December 15, 2014, the Supreme Court of British Columbia allowed legal notice to be served by private messages on online forums and sent via email to 26 individuals advising them that they are being sued in the Kevin Fleming defamation case.

Fleming, who filed a defamation lawsuit seeking damages on November 4, 2014, says in the lawsuit that online comments that imply he was acting in fraudulent manner and unethical are untrue.

Fleming does not know who the Message Board Defendants are or where they are located, and there is no cost-effective means of discovering this information. The only readily apparent means of finding out would be to seek production orders against the various Internet service providers.

Even if such orders were granted and obeyed, they would only yield e-mail addresses, service on which would essentially be no different than that under the proposed order. A court permits alternative (“substituted”) forms of legal service when the usual method of hiring a detective or a process server is “impracticable” or when a defendant is evading service.

With the success of the recent motion, defendants such as “Seaside Mariana Investors Union”, “Isla Mariana Investors Union” and “NicaHeat” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defense.

Under most circumstances, when a person does not file a statement of defense within a given time, the suing party is entitled to a default judgment, which can result in the collecting of compensation from the defendants.

Fleming believes being able to serve legal notice over the Internet is a way for the law to catch up to social media and the judgment means he does not have to serve the defendants in person. This is not unprecedented; there are other cases of hard-to-identify people being notified through Facebook and Twitter that they have been sued.

According to Fleming, “it is important that this defamation lawsuit is seen to the end where judgment is granted in order that individuals would not have to endure these types of hate-filled campaigns, personal attacks and vicious lies.”

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#2 Author of original report

Kevin Fleming Defamation Lawsuit Filed in the Supreme Court of British Columbia; Canada

AUTHOR: Grupo Mariana - ()

The purpose of this message is to inform you that I filed an action on November 4, 2014 in the Supreme Court of British Columbia, alleging defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, Federico Gurdian, David Crowe and Darrell Bushnell for publishing lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.

There are lies being spread on the Internet that I have committed a fraud. These lies have harmed my family and Owners and Promissory Purchasers in the beachfront communities of Isla Mariana and Seaside Mariana in Nicaragua. I'm not going to simply accept it and move on.

I'm pursuing them in court and will obtain orders compelling them to pay damages for their illegal actions. I will force everyone who has failed to take down these lies from their websites to do so and to pay damages for not taking them down when I asked them to.

Sincerely,

Kevin I. Fleming
Chairman | Grupo Mariana S.A.
Managua, Nicaragua
(888) 484-4425 North America Toll Free
www.grupomariana.com
kevin.fleming@grupomariana.com

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#3 Author of original report

Edward Albert Cole (AKA. Ted Cole and Grupo Coleli) Exposed for Irregular and Illegal Activities in Nicaragua

AUTHOR: Grupo Mariana - ()

Edward Albert Cole (Ted Cole) is responsible for the slander, libel and defamation against Grupo Mariana, Seaside Mariana, Isla Mariana, Kevin Fleming and Maria Rueda using the anonymous identity of the Seaside Mariana Investor Union and sending mass emails and posting online messages using various website such as Rip Off Report and Facebook. No credibility should be given to unknown individuals who post online messages and send mass emails anonymously making wild and false accusations under disguised identities such as Ted Cole.

In addition, Ted Cole was responsible for filing a reckless  civil lawsuit against Seaside Mariana Spa & Golf Resort, S.A., Kevin Fleming and Maria Rueda leading to the brand termination of Wyndham Hotel Group and Nicklaus Design at Seaside Mariana Oceanfront Community. Furthermore, Ted Cole, his wife Carmen Elizondo and Michael Edmonds filed unwarranted criminal accusations against Kevin Fleming.

On April 8, 2013, the criminal accusation of Defamation filed by Cole and his wife Carmen Elizondo on February 6, 2013 was dropped with no retraction, penalty, fine, jail time or guilty finding against Kevin Fleming.  The January 31, 2013 immigration restriction against Kevin Fleming was lifted on April 9, 2013.

On May 20, 2013, the civil lawsuit filed on July 5, 2012 by Cole was closed with no guilty finding. In addition, the criminal accusation of Fraud by Cole and Michael Edmonds was dropped and there was no penalty, fine, jail time or guilty finding against Kevin Fleming. The February 20, 2013 immigration restriction against Kevin Fleming was lifted on May 21, 2013.

We have a clear and compelling case with evidence of the negligence of Ted Cole and the Seaside Mariana Investor Union. The obstructionist behavior displayed by Ted Cole, Carmen Elizondo and Michael Edmonds has made moving forward in a positive manner difficult. However, with the Seaside Mariana Investor Union finally and thoroughly discredited we are now free to proceed forward.

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#4 Author of original report

Legal Matters Resolved: A New Mariana Emerges from the Past and Embraces the Future

AUTHOR: Grupo Mariana - ()

We believe that providing accurate, current and compelling information is the most important thing we can do. It’s no secret we believe strongly in the future of Nicaragua, and that this future can pay remarkable dividends for adventurous, intelligent individuals who know how to collect the facts, analyze them and make decisions.

As responsible developers, we have hired the best professionals in the country to analyze the different situations and to overcome the obstacles that we have found on the way. We have had to walk a thin line. On the one hand, we do not want to respond to negativity with negativity. On the other hand, it is not prudent to ignore distortions and falsehoods that attempt to besmirch our character and alarm our stakeholders.

Because the civil lawsuit filed by Edward Albert Cole (Cole), the criminal accusations by Cole, Carmen Elizondo and Michael Edmonds, anonymous emails and postings of the Seaside Mariana Investor Union and Geoff and John Bramwell have had such a detrimental impact on our projects, Kevin Fleming and Maria Rueda, it merits further discussion. It affects everyone’s investment; you deserve to know the truth.

On April 8, 2013, the criminal accusation of Defamation filed by Cole and his wife Carmen Elizondo on February 6, 2013 was dropped with no retraction, penalty, fine, jail time or guilty finding against Kevin Fleming.  The January 31, 2013 immigration restriction against Kevin Fleming was lifted on April 9, 2013.

On May 20, 2013, the civil lawsuit filed on July 5, 2013 by Cole was closed with no guilty finding. In addition, the criminal accusation of Fraud by Cole and Michael Edmonds was dropped and there was no penalty, fine, jail time or guilty finding against Kevin Fleming. The February 20, 2013 immigration restriction against Kevin Fleming was lifted on May 21, 2013.

We have a clear and compelling case for continuing with the developments of Isla Mariana and Seaside Mariana with the necessary plans and construction permits obtained and we are working hard toward achieving the goal of bringing our projects to reality.

The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of our developments. The bottom line is that a solution is at hand that puts the needs of our owners exactly where they should be—first and foremost.

No credibility should be given to unknown individuals with postings online or disguised identities such as Cole, Geoff and John Bramwell and the Seaside Mariana Investor Union making wild and false accusations causing untold damages to your investment and related companies of Grupo Mariana, Kevin Fleming and Maria Rueda.

We look forward to setting the record straight so we can turn our attention to the most important thing: The still beautiful beachfront properties of Isla Mariana Beachfront Retreat and Seaside Mariana Oceanfront Community and how we regroup and move forward.

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#5 Author of original report

Legal Matters Resolved: A New Mariana Emerges from the Past and Embraces the Future

AUTHOR: Grupo Mariana - ()

We believe that providing accurate, current and compelling information is the most important thing we can do. It’s no secret we believe strongly in the future of Nicaragua, and that this future can pay remarkable dividends for adventurous, intelligent individuals who know how to collect the facts, analyze them and make decisions.

As responsible developers, we have hired the best professionals in the country to analyze the different situations and to overcome the obstacles that we have found on the way. We have had to walk a thin line. On the one hand, we do not want to respond to negativity with negativity. On the other hand, it is not prudent to ignore distortions and falsehoods that attempt to besmirch our character and alarm our stakeholders.

Because the civil lawsuit filed by Edward Albert Cole (Cole), the criminal accusations by Cole, Carmen Elizondo and Michael Edmonds, anonymous emails and postings of the Seaside Mariana Investor Union and Geoff and John Bramwell have had such a detrimental impact on our projects, Kevin Fleming and Maria Rueda, it merits further discussion. It affects everyone’s investment; you deserve to know the truth. Read the Nicaragua Brief.

On May 20, 2013, the civil lawsuit filed by Cole was closed. The criminal accusation of Defamation by Cole and his wife Carmen Elizondo was closed in favor of Kevin Fleming. The criminal accusation of Fraud by Cole and Michael Edmonds was dropped. The immigration restriction against Kevin Fleming was lifted and there was no penalty, fine, jail time or guilty finding on any of the accusations filed against Kevin Fleming.

We have a clear and compelling case for continuing with the developments of Isla Mariana and Seaside Mariana with the necessary plans and construction permits obtained and we are working hard toward achieving the goal of bringing our projects to reality.

The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of our developments. The bottom line is that a solution is at hand that puts the needs of our owners exactly where they should be—first and foremost.

No credibility should be given to unknown individuals with postings online or disguised identities such as Cole, Geoff and John Bramwell and the Seaside Mariana Investor Union making wild and false accusations causing untold damages to your investment and related companies of Grupo Mariana, Kevin Fleming and Maria Rueda.

We look forward to setting the record straight so we can turn our attention to the most important thing: The still beautiful beachfront properties of Isla Mariana Beachfront Retreat and Seaside Mariana Oceanfront Community and how we regroup and move forward.

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#6 Author of original report

Request for Meeting with Edward Albert Cole in Nicaragua

AUTHOR: Grupo Mariana - (Nicaragua)

Mr. Edward Albert Cole

If you are not hiding, why have you not contacted us directly to speak about your grievances with Seaside Mariana Spa & Golf Resort, Kevin Fleming or Maria Rueda. After repeated request to meet with you prior to and to after you commenced legal action, we have received no reply from you from our request to meet.

Instead of making contact through normal means of communication such as the telephone, email, personal visit to our office or attending one of our 6 Discovery Events in Nicaragua during the past two years, you manage to find time to initiate a lawsuit, file the lawsuit irregularly, register the lawsuit illegally and then take no further action for almost 6 months.

In addition, you have been in contact with our clients sending hundreds of emails, making phone calls to our clients and through Seaside Mariana Investor Union, manage to send multiple message since November 2012 to interfere with our clients contracts with your false statements and accusations.

The ONLY frivolous actions taking place are on behalf of yourself, your wife Carmen Elizondo Cole, the Seaside Mariana Investor Union and Geoff and John Bramwell. On the contrary, our responses to your messages and others rebutting your communication thus far have been the truth supported with legal facts and evidence to the contrary of your claims.

I request Immediately that Edward Albert Cole, Carmen Elizondo Cole and the Seaside Mariana Investor Union cease and desist from your deceit, slander, libel, defamation, malicious prosecution and negligent misrepresentations through your false statements and accusations.
 
We definitively will continue to protect the reputation of our company through consistent public communications of the truth rebutting your false claims and seek financial compensation for damages you have caused by your negligent actions against our clients, Grupo Mariana, Kevin Fleming and Maria Rueda.

We will make contact with your attorney to set up a meeting next week to discuss your intention to drop the illegal lawsuit and proceed with Arbitration as described in your Promise of Sale Agreements. At this time, we have a fiduciary duty to defend our company and facing our responsibilities is exactly what we will continue to do as a reputable company.

It's unfortunate you fail to recognize the magnitude of your situation and the consequences you are facing from your actions. We await your response of acceptance of a meeting under the terms of ending the illegal lawsuit and discuss proceeding forward as described in your Promise of Sale Agreements.
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