• Report: #1000118

Complaint Review: Kevin Fleming

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  • Submitted: Sun, January 20, 2013
  • Updated: Mon, April 14, 2014

  • Reported By: SEASIDE MARIANA INVESTORS UNION — HOUSTON Texas United States of America
Kevin Fleming
Internet United States of America

Kevin Fleming Grupo Mariana Lies and Deceptions are revealed. Public Documents Prove Deceptions Internet

*REBUTTAL Owner of company: Edward Albert Cole (AKA. Ted Cole and Grupo Coleli) Exposed for Irregular and Illegal Activities in Nicaragua

*REBUTTAL Owner of company: CEASE AND DESIST ALL DEFAMATION OF GRUPO MARIANA, S.A. AND RELATED COMPANIES, NICARAGUA DEVELOPMENTS S.A., PACIFIC PROPERTIES, S.A. AND ROBERT BLACK, KEVIN FLEMING AND MARIA RUEDA’S CHARACTER

*REBUTTAL Owner of company: Looking After Our Beachfront Communities in Nicaragua and Protecting Owners from Carmen Elizondo Cole, Edward Albert Cole and the Seaside Mariana Investor Union

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

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FIRST. THE  Pice de rsistance

Kevin Fleming announces the 23 day tour to sell more of whatever Mr. Fleming will sell. All the while knowing that his commitment to deliver on what he will be selling isnt much of a commitment and intentionally will not be delivered upon.

KEVIN FLEMINGS JAN 10 EMAIL BLAST

Well bring Nicaragua to YOU!

KEVIN FLEMING WILL BE PERSONALLY VISITING 23 CITIES THROUGHOUT THE UNITED STATES AND CANADA ON A SPECIAL TOUR

Why?..........Kevin Fleming has placed Seaside on the Market. 
 Check this linc:  http://www.viviun.com/AD-191027/

What will happen to Seaside if sold? Given Mr. Flemings commitment to protect the investors who were first and foremost in the eyes of Grupo Mariana, recovery of your investment is in imminent danger. In fact, those that do not have a registered title have nothing for security. Should Mr. Fleming be able to sell the project, it would be unlikely that he would receive even the amount of the money he has collected from investors.  Should he receive less than the investment collected from investors, do you really believe, given his actions to date, that he would return all of your money?  If you believe that he has no money, as he says, then you definitely have the answer, and that is NO!  If he does have money tucked away, which seems reasonable to assume, being as he has the money for a 23 city tour, then you have also have your answer, that is a rather large NO. It seems very clear at this point.  If you do not fight for your investment, it will definitely be lost. The choice will be yours.

There is a chance that you could recover but you would have to act before any sale occurs. The Seaside Mariana Investors Union has been created for that purpose. For more information as to a course of action you can email seasidemarianainvestorsunion@gmail.com  

The union will finish forming in the coming week or two. Express your interest in joining the effort by contacting the Union.
We will be contacting all interested members for a briefing and to set up an information conference call and move forward from there. 

We look forward to your contact.

READ ON!............MORE FLEMING MYSTERIES ARE UNCOVERED. GRUPO MARIANA SECURITIES DISCLOSURES

Mr. . Flemings January 2013 disclosure contained the following panel. 

   See photo attachements for info

Fleming also stated in one of his email blasts: In addition, Seaside Mariana is the first resort in Nicaragua to file documentation with the US Security and Exchange Commission (SEC) and the comprehensive Canadian Disclosure process. This effort provides our investors with an unparalleled level of security and confidence.

FACT:

There is no Canadian Securities Registration
Canadian securities regulation is managed through laws and agencies established by Canada's 13 provincial and territorial governments. Each province and territory has a securities commission or equivalent authority and its own piece of provincial or territorial legislation.

Unlike any other major federation, Canada does not have a securities regulatory authority at the federal government level. 

Check attached Securities Searches for Provinces in Canada in attached document.

FACT: Disclosure Registration in BC reveals no registration at all in searches, and in general, Canada does not exist. One because Canada DOES NOT HAVE  a Federal level Security registration. And two, because there has been no registration under any name associated with Fleming, Rueda, Seaside Mariana and any variation thereof, Grupo Mariana, Nicaragua
Dev. Anywhere in Canada.

FACT:  thereis no province in Canada that has any of the Fleming associations filed or registered.

FACT:  Mr Fleming has sold in Alberta, Ontario and BC without the required securities filings. Quebec is believed included. However, All of Canada is being solicited. A prospectus is required. Security is  intimated by his declarations but his declarations arefalse.

FACT:  Mr Fleming made a filing in the US for$17,500,000 in $350,000 minimum blocks. However, no filing documents were ever filed for any sales generated or investors obtained. He failed to disclose to the SEC who, what and how much was sold. He failed to file a prospectus to sell foreign land titles. He has not complied with investor disclose forms amongst many other items. He appears to be in breach of the Securities act. Someone in America should file a complaint if they feel strongly about his activities.

FACT:        YOU HAVE BEEN DECIEVED AGAIN!!

BELOW IS YOUR PROOF In no province will you find registration.

Ontario is a stand alone province. The searches for all entities yielded no matches.

(SEE BELOW ALL SEARCHES)

Alberta and British Columbia searches yield the same. (all searches below) www.bcsc.bc.ca/

http://www.albertasecurities.com/Investors/Pages/default.aspx

http://www.sfsc.gov.sk.ca/

http://www.lautorite.qc.ca/fr/registre-entreprise-individu-fr-conso.html

http://www.osc.gov.on.ca/en/search.htm?gquery=REGISTRANT+SEARCH

 SEE SECURITIES SEARCHES DOCUMENT ATTATCHED TO THIS EMAIL.

UNITED STATES Search..SEE FULL DOCUMENT ATTACHED IN ANOTHER DOCUMENT

http://www.sec.gov/cgi-bin/browse-edgar?company=SEASIDE+MARIANA&match=contains&CIK=&filenum=&State=&Country=&SIC=&owner=exclude&Find=Find+Companies&action=getcompany

Mr. Fleming sent into the United States Securities Commission a Limited Offering of Sale of Securities to raise money for Seaside Mariana Spa & Golf Resort planning to raise $17.5 million dollars with minimum Founder offerings of $350,000 minimum investment. Some Founder member offerings were sold at $350, but the bulk were not. There were no credited investor disclosures or any other filings ever done from that point. Whatever breaches are evident there are irrelevant. The
use of this filing has been to give a false sense of security to investors to further assist Mr. Fleming to extract money from unsuspecting investors.

There is no security with any filing, but there are ramifications for filing and not following the rules. The rules have been broken. Additionally, American law is similar to Canadian in that the security commissions everywhere want to shut down scammers. There has been sufficient evidence to warrant investigation and possibly more than that in the US. American investors are urged to pursue a complaint with reasonable surety of success. Sufficient information to pursue an effective complaint is available through the Seaside Mariana Investors Union upon request. The full filing is attached.

 See photo attachements

FLEMING CONSTRUCTION DECEPTIONS

Mr Flemings presentation also contains the following panel:

 See photo attachements

Flemings panel states 40 condominiums sold since 2007. The first sales campaign generated 24 Beachfront Tower Condos back in 2007 and no attempt to fulfill that commitment has been made, just excuse after excuse. Construction deadlines
and promises long ago breached. The 2011 sales of the Mariana Del Norte condos have already passed the initial deadline and these condos have not been attempted either. In fact, the Marena permit, that Mr. Fleming says he has pending, has long time expired and there has been no attempt to resurrect it. This was confirmed by the MARENA OFFICES recently. The Marena permit (The master environmental permit) is an absolute necessity to have before a developer can build.

Conclusive observations; the 24 Beach Condos sold in 2007/8 were abandoned and never started when scheduled to be started in 2009 up until now, not one iota of commitment to the investors has been attempted. This is the reason the Wyndham Hotel withdrew from the project. Mr. Fleming could not honor even one commitment. 

The infrastructure that was supposed to be built by raising money from the Beach Condos has never been started.

The golf course that was supposed to be long time finished never started.

The master plan changed with the wind and never started

The Mariana Del Norte condos never started. 

The Laya bungalows lay in ruins.

Not one decent road exists. 

Taxes are not paid even though the contracts specifically state so:

 See photo attachements for clause

The support of the ProNicaragua has been lost. 

The Wyndham representation has been lost. 

 Jack Nicklaus has been lost. 

Support  in the country of Nicaragua  has disappeared completely.

There are multiple excuses, stories, statements of bravado, threats of libel and defamation suits, defiance in the face of the current law suit and the many that will follow, the defiant inaction concerning the interests of the investors that gave him millions, the continual deceptions, manufactured accounting statements, lawyers opinion letters that are presented as legal
documents,  and ever changing answers to the same questions that investors pose, are all making the true story of Mr.
Fleming come to light.

The fact is

FACT: YOU ARE BEING DECIEVED!

B.C.COURT CASE AND DOCUMENTS

Mr Fleming has proved to the world that his first project, ISLA Mariana, is an un-built abandoned mess of a project after 7 years. He took million of dollars of investors money in 2005/2006 for lots on the Island, and then spent it everywhere but on the project he was entrusted to complete. This project was done in the name of Nicaragua Developments later changed to Grupo Mariana. To this day, not one dollar has been invested in developing the project and the investor lots purchased sit unguarded and grown over with vegetation to the point of them being impassible to foot traffic. 

Mr Fleming built a ruse of excuses blaming his former partners, the Bramwells, for the delays in his project at Isla Mariana while he misappropriated funds. During that 2005-2009 period, he used the millions of investors money for his personal
residence, his beach house, his expensive cars, land for other projects and lavish lifestyle living. Recent documents uncovered in a search of British Columbia Court records reveals two affidavits filed by Mr Fleming (in attached files) that were done in June 2010 and Oct 2011 state that he was virtually broke: in June 2010 for approximately $30,000 and Oct 2011 for approximately $5,000 total world wide net worth. Consider that these affidavits were submitted in court during the same time that he states to investors that he put over $2 million dollars of his own money??? into Seaside Mariana Spa and Golf Resort.

How does that work?  One more item of particular note is that those affidavits were prepared in the offices of Taboada and Associates; the very same law firm that processed $14 million plus in sales through their offices during the 3 years previous. 

First question might be where did that $2 million dollars of his own money? come from?

Especially, when you consider he had no money before the Isla Mariana project.

His former partner Rob Black loaned him the money to buy the Isla property

which he paid back from cash raised at Seaside. This same loan from Mr. Black he shows that he paid Mr. Black back from his funds raised at Seaside and from the money he drained from Isla Mariana. This fund transfer from Seaside is disclosed in the accounting report he sent out to investors. It is these same funds that he says he no longer has in his 2 affidavits produced in the British Columbia LawSuit. Sounds like the Kansas City Shuffle for those of us that remember that old movie! However, the misuse of the Seaside Mariana and Isla Mariana project funds sure fits the Web definition of misappropriation. It would be surprising if the word FRAUD hasnt crossed your mind by now. 

Secondly, Mr Fleming and the Bramwells were sued as partners (law suit attached).  In his affidavits he swore he had no Canadian assets that the plaintiffs could attach for value and insufficient world wide assets (but the Bramwells did). This, of course, influenced the plaintiffs lawyers to abandon their claim against Kevin Fleming in favor of getting attachable assets from the Bramwells.  There was nothing to be gained financially by the plaintiff in pursuing Fleming in the law suit in consideration of these affidavits, plus the degree of difficulty in trying to get information from Nicaragua to prove him wrong, made it easy to decide to pursue the Bramwells.  With the Bramwells having sufficient assets to settle, Mr Fleming got a get out jail free card.  With Fleming having no assets in Canada and living in Nicaragua, it was futile to pursue him.  The judge ruled against the defendants, but since pursuing Mr. Fleming was futile, the Bramwells took the judgment solely against them.

FACT: Kevin Fleming was sued in the Bramwell action.

FACT: Kevin told investors that he was legally fighting against the Bramwells but, in fact, he was fighting beside the Bramwells as a defendant.

FACT: Mr Fleming told all the investors that he beat the Bramwells in his law suit and purported to be the hero for saving Isla Mariana; An obvious deception, to say the least.

FACT: Mr Fleming filed affidavit in 2010 and Oct 2011 that he was virtually totally broke and had no Canadian assets to avoid any further action against him.

FACT: Mr Fleming took all of the millions from sales at Isla Mariana in the name of Nicaragua Developments and misappropriated those funds from that project to buy the Seaside Mariana property in 2006 and a myriad of personal property. This was conducted while the law suit was going on, and during which time he decided to drain assets from Nicaragua developments to show that he was broke in NDSA (Nicaragua Developments S.A.) for the affidavits he filed.

FACT: YOU HAVE BEEN  VERY MUCH DECIEVED!!
SEASIDE ACCOUNTING DISCLOSURES

First, in his accounting disclosure to investors he states that he has put over $2 million of his own money into the Seaside project (see slides below highlighted in yellow). 

  See photo attachements for panel  
  You might take a special note here, that in the time that the first affidavit in BC was filed (2010) that Mr Fleming had invested his own money of $891,311. He must have completely written that off as a personal loss because in June of 2010, his own legal firm, Taboada and Assoc, where he processed over $14 million dollars of sales since 2007, notarized an affidavit
stating a total net worth of approximately $30000. That brings the meaning of CURIOUS to a brand new level!!! (Both for Taboada and Fleming)

 See photo attachements  

Take note here, that $891,311 of Mr. Flemings OWN PERSONAL MONEY was conveniently misplaced to make his affidavit in 2010 and $2,171,350 of Mr. Flemings  OWN PERSONAL MONEY  found its way to the project and was conveniently forgotten when filing his OCT 2011 affidavit.

Apparently, he did not have any money at that time. Also very curious, is that he had $1,621,177 dollars in receivables (marked below in green) from his 2010-2011 sales campaign on Mariana Del Norte that he happily reports was a sell out. So, it appears that those receivables dont show anywhere personally or corporately either. They certainly are not being used by Grupo Mariana to pay anything for  the project. They apparently are not used for anything that investors have entrusted Mr Fleming to pay for. The taxes are unpaid, contractors are unpaid, there is no infrastructure, no money spent on the project at all, and ALL THE MONEY IS GONE! Mr. Fleming confirms these facts so very publically. So,, where did all the money go? Is anyone curious?

 See photo attachements for panel

It seems incredible that Mr. Fleming can take off on a 23 city tour that he announced on Jan 10 2013, while he and his Seaside project are broke and all of the money spent.  That is, of course if you can believe a single word that comes from Kevin Flemings direction. 

KEVIN FLEMINGS JAN 10 EMAIL BLAST

We'll bring Nicaragua to YOU!

KEVIN FLEMING WILL BE PERSONALLY VISITING 23 CITIES THROUGHOUT THE UNITED STATES AND CANADA ON A SPECIAL TOUR

It also seems incredible that Mr. Fleming can go on with selling his project to unsuspecting investors, knowing that he has no intention of delivering, no capacity to deliver, has lost the ability to be accountable to anyone, has had the ability to carry out this elaborate deception for so many years, and that never been tackled until the May 2012 law suit filing of Edward Cole. 

FACT: YOU HAVE CONTINUALLY  DECIEVED!!!!

Further contact for information may be sent to seasidemarianainvestorsunion@gmail.com

This report was posted on Ripoff Report on 01/20/2013 10:14 AM and is a permanent record located here: http://www.ripoffreport.com/r/Kevin-Fleming/internet/Kevin-Fleming-Grupo-Mariana-Lies-and-Deceptions-are-revealed-Public-Documents-Prove-Dece-1000118. 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.

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Updates & Rebuttals

#1 REBUTTAL Owner of company

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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To Mr. Edward Albert Cole (aka. Ted Cole) and Carmen Elizondo

You are hereby directed to:

CEASE AND DESIST ALL DEFAMATION OF GRUPO MARIANA, S.A. AND RELATED COMPANIES, NICARAGUA DEVELOPMENTS S.A., PACIFIC PROPERTIES, S.A. AND ROBERT BLACK, KEVIN FLEMING AND MARIA RUEDA’S CHARACTER AND REPUTATION.

Grupo Mariana, Nicaragua Developments, S.A., Pacific Properties, S.A. and Robert Black, hereinafter called the (Developers), are educated, respected professionals in the community. The Developers have spent years serving the community in their profession and building a positive reputation.

The Developers are aware that you have engaged in spreading false, destructive, and defamatory rumors about them.

Your defamatory statements involved your emails and postings on Nicaragua Dispatch, RipOffReport and Facebook. Accordingly, we demand that you (A) immediately cease and desist your unlawful defamation of the Developers and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of the Developers character and reputation.

If you do not comply with this cease and desist demand, the Developers are entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised we will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.

Before taking these steps, however, the Developers wish to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. I recommend that you consult with an attorney regarding this matter. If you or your attorney have any questions, please contact us directly at info@grupomariana.com.

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#3 REBUTTAL Owner of company

Looking After Our Beachfront Communities in Nicaragua and Protecting Owners from Carmen Elizondo Cole, Edward Albert Cole and the Seaside Mariana Investor Union

AUTHOR: Grupo Mariana - (Nicaragua)

We want to thank each and every one of you for your words of encouragement and continued support during this trying period. There is light at the end of the tunnel. We have a clear and compelling case against Edward Albert Cole aka Ted Cole and are working hard toward achieving that end.  

One of our commitments at Grupo Mariana has been to maintain an open line of communications, and this commitment remains strong. Of course, its admittedly easy to get caught up in the multitude of daily activities that we face in pushing forward with our projects. But not keeping in touch with you is something we will not allow to happen.

In our last updates, I hope youll recall all the positive steps that have taken place at Grupo Mariana over the past few monthsone of the most important being the facts about Edward Albert Cole and his claims of his lawsuit are devoid of any merit.

Edward Albert Cole has lied about his name, hes lied about where he lives, he lies about the lawsuit and the lies dont stop there. What youre seeing reflected in his recent messages and posts is an increasingly desperate man and women (Carmen Elizondo Cole) who are trying to mask their identities through the anonymous group called Seaside Mariana Investor Union, whose known members include Taylor and Zach Collings, Brent Balog, Michael Edmonds, Geoff and John Bramwell. In future communications, we will release further information about other associates of the Seaside Mariana Investor Union and take the necessary action to prevent further untold damages to Grupo Mariana.

In addition to the telephone calls, emails to our clients and team members by Mr. Cole, we have discovered a new Facebook Page that has been established since January 22, 2013. You can see this page by clicking here. Mr. Cole and the Seaside Mariana Investor Union proudly continue to display wrongfully registered court documents of the Cole lawsuit, which was irregularly filed, registered illegally and no action taken in over 5 months.

Despite this fact, Mr. Cole continues to make statements knowing full well they are false and misleading to clients and refuses to answer our direct request for documentation supporting his claims that he filed for Arbitration and we failed to go to Arbitration, which paved the way for him to proceed with his lawsuit. Again, we invite Mr. Cole to provide documentation from any Arbitration Center in the world that he has presented us with proper notification according to the terms of his Promise of Sale Agreements.

Unfortunately, Mr. Cole and the Seaside Mariana Investor Union, have blocked our ability to respond to their false claims on their new Facebook Page and we have taken action to ensure our message responding with the truth to their false claims is communicated openly.

As of January 29, 2013 Grupo Mariana has established a new Facebook Page called Seaside Mariana Investor Union Nicaragua, solely for the purpose of communicating our message to rebut the false claims being made on Mr. Cole's Facebook Page. Please go here to Like Us on Facebook and follow our responses to Mr. Cole and the Seaside Mariana Investor Union as we defend our position in this matter.

We are pleased to release further information that will help to understand our position at Grupo Mariana responding to Carmen Elizondo Cole, Edward Albert Cole and  Seaside Mariana Investor Union Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations against Kevin Fleming, Maria Rueda and Seaside Mariana with their most recent statements about disclosure, Isla Mariana, lawsuit in Canada and breach of securities regulations in the US and Canada.

CLAIM: The facts about Isla Mariana and the lawsuit with the Bramwells. Kevin Fleming and the Bramwells were sued jointly. The land at Isla was fraudulently sold to them and they failed to do sufficient due diligence to discover this. A disgruntled investor sued them when the deception was discovered.

TRUTH: The correct representation of the lawsuit is:

IN THE SUPREME COURT OF BRITISH COLUMBIA
Citation: Schwarzinger v Bramwell, 2011 BCSC 304

Date: 2011.03.14
Docket: S100583
Registry: Vancouver

Between:

Karl Schwarzinger and Tag Properties SA [Plaintiffs]

And

Geoff Bramwell aka Geoffrey John Simon Bramwell, John Bramwell aka Jonathon A. Bramwell, Kevin Fleming, Nica Projects Ltd., formerly know as Nicaragua Developments Ltd., and Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd. [Defendants]

Before: the Honorable Madam Justice Fitzpatrick

No evidence by any party has been presented to any authorities in Nicaragua that the property at the lands using the Trade Name Isla Mariana was fraudulently sold to clients. The area in question, was researched by an approved law firm of First American Title Insurance Company and upon the conclusion of the title search report from the attorney approved by First American Title Insurance Company, the finding was the title had no defects. The property transaction was then completed with the purchase of the lands known using the Trade Name of Isla Mariana.

As per the disgruntled investor, the history between the Bramwells and the Plaintiff is well documented IN THE SUPREME COURT OF BRITISH COLUMBIA. It is more than evident that the relationship of the Plaintiff was with the Bramwells and not Kevin Fleming. For complete details, we are pleased to provide further information from THE SUPREME COURT OF BRITISH COLUMBIA. Read more about the case by visiting the following website:

http://www.ripoffreport.com/geoff-bramwell-john/criminal-justice-system/vancouver-british-columbia-10e54.htm


CLAIM: Kevin told investors that he was legally fighting against the Bramwells but, in fact, he was fighting beside the Bramwells as a defendant.

TRUTH: No such evidence of communication exist from Kevin Fleming that reported the action IN THE SUPREME COURT OF BRITISH COLUMBIA as a fight against the Bramwells and Kevin Fleming. We invite Seaside Mariana Investor Union aka Edward Albert Cole, to provide evidence of this communication. At no time, has Kevin Fleming been fighting beside the Bramwells as a Defendant, Kevin Fleming retained separate legal representation aside from the Bramwells and our statement is very clear in the affidavits describing our association with the Bramwells.


CLAIM: Mr. Fleming told all the investors that he beat the Bramwells in his law suit and purported to be the hero for saving Isla Mariana; An obvious deception, to say the least.

TRUTH: No such evidence of communication exist from Kevin Fleming that reports the action IN THE SUPREME COURT OF BRITISH COLUMBIA that Kevin Fleming beat the Bramwells in his lawsuit and considered ourselves a hero for saving Isla Mariana. There is no legal action and there has never been any legal action against the lands using the trade name Isla Mariana.  We invite Seaside Mariana Investor Union to provide evidence of this communication. In addition, Kevin Fleming has never brought legal action against the Bramwellls but considering the circumstances of the Bramwells actions, all avenues to pursue damages are being considered.


CLAIM: Mr. Fleming filed affidavit in 2010 and Oct 2011 that he was virtually totally broke and had no worldwide assets or income to avoid any further action against him. This allowed him to be excused from the Lawsuit. Kevin filed 2 affidavits with the courts, 1 in 2010 for $3000 and one in 2011 for $30,000 claiming that he was broke.

TRUTH: It is true that two affidavits were filed but there is no representation that Kevin Fleming was totally broke or had no worldwide assets or income to avoid further action against Kevin Fleming. Under no circumstance was a decision reached that Kevin Fleming be excused from the lawsuit because of the information provided in the affidavits filed by Kevin Fleming. We invite Seaside Mariana Investor Union, to provide evidence from THE SUPREME COURT OF BRITISH COLUMBIA that proves this claim.



CLAIM: Based on documents he presented to investors in December of 2012 in the time that the first affidavit in BC was filed (2010) Mr. Fleming had invested his own money of $891,311. By the end of 2011 he claims that $2,171,350 of his OWN PERSONAL MONEY found its way to the project and was conveniently forgotten when filing his OCT 2011 affidavit. In June of 2010, his own legal firm, Taboada and Assoc, where he processed over $14 million dollars of sales since 2007, notarized an affidavit stating a total net worth of approximately $30000.

TRUTH: It is true we presented informational slides with unaudited financial information used for talking points in a private meeting in Calgary, Alberta with a number of clients, that were referrals of Edward Albert Cole, who received 4% commission on all sales to his friends, for the  purchases at Seaside Mariana.

At this meeting, we did report ownership of a Panamanian Corporation represented by Kevin Fleming, which was disclosed IN THE SUPREME COURT OF BRITISH COLUMBIA filing of affidavits of Kevin Fleming. During the meeting, it was disclosed that a Consultancy Agreement exist with the Panamanian Corporation to be paid a 10% referral fee for capital raised or real estate sales from developments known as Isla Mariana and Seaside Mariana.

Furthermore, the income received from the referral fees for sales are between the dates of June 2005 and March 2010. In this private meeting, it was very clear that the Panamanian Corporation's major shareholder is Kevin Fleming, and this information was properly disclosed in the affidavits IN THE SUPREME COURT OF BRITISH COLUMBIA.

The amount of $2,171,350 is an accounting of all funds contributed by either the Panamanian Corporation for loans to Seaside Mariana and Isla Mariana and all deposits directly made on behalf of Kevin Fleming from personal funds transferred from Canada to Nicaragua.

The Seaside Mariana Investor Union would have you believe that an amount of funds in the millions were hidden from the disclosure of information in the affidavits IN THE SUPREME COURT OF BRITISH COLUMBIA. One important note to mention, it's finally nice to see an accurate reporting of sales of the development totaling 14 million dollars and not the various reports from the Seaside Mariana Investor Union reporting 20M, 25M, 27M and in some circumstances, we've seen over 30M.


CLAIM: IT IS LIKELY THAT MR FLEMING BREACHED SECURITIES REGULATIONS IN CANADA AND THE US

TRUTH: No security regulations in Canada or the US has been breached.


CLAIM: Fleming stated in one of his emails: "In addition, Seaside Mariana is the first resort in Nicaragua to file documentation with the US Security and Exchange Commission (SEC) and the comprehensive Canadian Disclosure process. This effort provides our investors with an unparalleled level of security and confidence."

TRUTH: We invite Seaside Mariana Investor Union to provide the entire communication of the email with time and date stamp for verification. An integral part of any successful company is the team selected to assist in the growth of the enterprise. Grupo Mariana is cognizant of the fact that their target markets demand high standards. To that end, Grupo Mariana have gone to great lengths to find and hire the best in the business. We have surrounded ourselves with the best professionals in the industry and have the support of the Nicaraguan government and local municipalities to ensure the viability and success of our burgeoning community.

Disclosure, a lengthy legal process that allows developers to market their project to potential investors outside the country and sign Agreements requiring clients to make deposits outside the country of Nicaragua, will be facilitated by Pusher Mitchell in Canada for the Province of British Columbia Real Estate Disclosure and by Haile Shaw & Pfaffenberger who completed our Founder Member Program in accordance to US Security Exchange Commission Guidelines. In addition, Saxton Gilmore in Florida has designed club membership packages for the golf and sports clubs and home owners association covenants and restrictions. First American Title Insurance Company and Stewart Title Latin America have existing policies of title insurance.  Taboada & Associates will provide legal counsel and representation inside Nicaragua.


CLAIM: There is no Canadian Securities Registration. Canadian securities regulation is managed through laws and agencies established by Canada's 13 provincial and territorial governments. Each province and territory has a securities commission or equivalent authority and its own piece of provincial or territorial legislation. Unlike any other major federation, Canada does not have a securities regulatory authority at the federal government level. Check attached Securities Searches for Provinces in Canada in attached document.

TRUTH: It is true that similar documents as the US Founder Member Program was created by Pusher Mitchell in Canada for Canadian Securities Registration but since we never moved forward to offer the Founder Member Program to Canadian Investors,  we have never filed such documents but stand ready to do so should we proceed with the Founder Member Program to be offered to Canadian Investors.


CLAIM: Disclosure Registration in BC reveals no registration at all in searches, and in general, Canada does not exist. One because Canada DOES NOT HAVE a Federal level Security registration. And two, because there has been no registration under any name associated with Fleming, Rueda, Seaside Mariana and any variation thereof, Grupo Mariana, NicaraguaDev. Anywhere in Canada.

TRUTH: It is important to note that BC Disclosure Registration is completely different than BC Securities Exchange Commission Registration. It has been very clear over the past years that our objective to register for BC Disclosure Registration will be completed upon the final receipt of our environmental permit and property funding in place for construction. Until such time that all of our permits are obtained, registration of BC Disclosure is not possible, therefore we would not issue such statements that this process is complete but rather pending and being prepared by Pusher Mitchell in Canada.


CLAIM: There is no province in Canada that has any of the Fleming associations filed or registered. Mr Fleming has sold in Alberta, Ontario and BC without the required securities filings. Quebec is believed included. However, All of Canada is being solicited. A prospectus is required. Security is intimated by his declarations but his declarations are false.

TRUTH:  Any filings with the BC Securities Exchange Commission would only be in regards to our Founder Member Program to Canadian Investors. As such, since we have not offered the Founder Member Program to Canadian Investors, there has been no need to file with the regulator of such matters. In addition, at no time has a sales agreement been signed in Canada or a deposit taken by a client in Canada. We invite Edward Albert Cole or the Seaside Mariana Investor Union to submit evidence of such a sale agreement written, signed or a deposit taken in Canada.


CLAIM: Mr Fleming made a filing in the US for$17,500,000 in $350,000 minimum blocks. However, no filing documents were ever filed for any sales generated or investors obtained. He failed to disclose to the SEC who, what and how much was sold. He failed to file a prospectus to sell foreign land titles. He has not complied with investor disclose forms amongst many other items. He appears to be in breach of the Securities act. Someone in America should file a complaint if they feel strongly about his activities.

Mr. Fleming sent into the United States Securities Commission a Limited Offering of Sale of Securities to raise money for Seaside Mariana Spa & Golf Resort planning to raise $17.5 million dollars with minimum Founder offerings of $350,000 minimum investment. Some Founder member offerings were sold at $350, but the bulk were not. There were no credited investor disclosures or any other filings ever done from that point. Whatever breaches are evident there are irrelevant. The use of this filing has been to give a false sense of security to investors to further assist Mr. Fleming to extract money from unsuspecting investors.There is no security with any filing, but there are ramifications for filing and not following the rules. The rules have been broken. Additionally, American law is similar to Canadian in that the security commissions everywhere want to shut down scammers. There has been sufficient evidence to warrant investigation and possibly more than that in the US. American investors are urged to pursue a complaint with reasonable surety of success. Sufficient information to pursue an effective complaint is available through the Seaside Mariana Investors Union upon request.

TRUTH: Haile Shaw & Pfaffenberger has completed our Founder Member Program in the US in accordance to US Security Exchange Commission Guidelines. At no time in the past 6 years, has any sales of the Founder Member Program taken place raising $1 of capital under this Founder Member Program, therefore no disclosure to any regulator to report such sales is necessary. We invite Mr. Cole or Seaside Mariana Investor Union to provide one signed Founder Member Program Agreement from any sale completed in the past 7 years.

As a reputable company, we feel notifying our clients and future prospects of the importance of due diligence and information to review is an important aspect of our responsibility. At Grupo Mariana, we have done exactly that, report of all of the activities and progress of our developments while highlighting our team members expertise and the goal of their services for our developments for the ultimate benefit to our clients.

A STORY OF DEDICATION

It is, of course, important to still bear in mind the radical market changes that have affected each of us individually and collectively, and use that revised perspective to acknowledge the positive progress being made. We learned a great deal at Grupo Mariana over the last six years, and revised our plans and vision to reflect the new market and association with Wyndham Hotels & Resorts. Forward movement at Grupo Mariana is something weve all waited for patiently, and its invigorating to see our efforts now beginning to pay off despite the efforts of Mr. Cole, Seaside Mariana Investor Union and their ulterior motives.

Our goal, and our commitment to you, is to build oceanfront communities that even the most discerning individual would be proud to call home. Please be assured that temporary obstacles will not deter us.

The bottom line is that the owners of Grupo Mariana are first and foremost in our minds. We wont be satisfied until our developments are complete and the resorts that we originally planned and you still deserve. We have a clear and compelling case to move forward on your behalf. We intend to keep our promise to you.

The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of the case. We will continue to attempt to reach you by telephone and update everyone on information as it becomes available.

In the meantime, please be assured that every step is being taken to move Grupo Mariana forward toward the reality we all have long envisioned. We appreciate your support and hope you understand our willingness to assist you in any way necessary. In future communication, we will discuss other false claims about Robert Black,  financing opportunities and parcels of land for sale at Seaside Mariana. Please contact us at any time for information or help.
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#4 REBUTTAL Owner of company

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

AUTHOR: Grupo Mariana - (Nicaragua)

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.
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