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June 2006: There is an update for Class Action Lawsuit Members of TCIR on the SKM lawyers' site.

May 26th:
We would like you to know that Summons have been sent out and Examinations will begin on Friday June 16th. People will be called in and questioned under oath and a transcript of the proceedings will be posted on the SKM site when it is available. We await a date from Superior Court for a hearing to Certify the Class Action. We must Certify our civil case so that we can be joined together as a group and proceed to represent our group of members under one lawsuit rather than have separate lawsuits for each of us. It is imperative that we win the Certification issue and that is why we are going through with Examinations beforehand to ensure that we will win that Motion. Assuming we get Certified, we will seek Court time for the trial as soon as possible.

We have stated that Bill and Ross are refusing to participate in this case. We do not believe they are communicating with their lawyer and no Defense materials have been submitted to us beyond their January Defense paperwork which is posted on the SKM site. This is good news because we have no roadblocks and can move ahead unopposed. We believe this is happening because they do not have a defense.

We have had questions asked about TCI’s threats to enforce their “Club rules”. Let us reiterate, these rules are applicable as soon as pigs learn to fly. They will be laughed at by anyone in the legal profession and are just being used by TCI as a threat to try to keep us in place.

Things are moving ahead and will continue to move ahead. Bill and Ross are definitely out of time. The only thing that remains to be seen is how many more people they implicate in their problem. Answers to our questions will soon be forthcoming.

May 20/06
We have delayed our posting as we awaited a specific set of materials from the Defendents, which did not arrive, just like their “critical piece of information” TCI awaited earlier this year. We have moved ahead without their participation and assure you we will not be further delayed by their game playing. It is one continuous game of avoidance and delay with these supposedly caring, Christian gentlemen who seem to TCIR members to have no respect or concern for our needs and circumstances.
There are many aspects of this case that we cannot discuss publically, but wish to make a statement about our civil suit against TCI’s leadership. In a civil suit there are 3 things the plaintiffs must prove.

1)-Who owes you money or who are the Defendants?
2)-Why does this party owe you money?
3)-How much do they owe?

In the vast majority of civil litigation cases, it is the latter 2 points that are usually the most difficult to determine and also the most difficult to bring to a negotiated settlement. In our case, these latter 2 issues are already resolved because we have statements from the Defendants identifying what they owe us, the Plaintiffs.
All that is left for us to prove is who are those in charge of TCI? What few blanks we have left to fill in with be done during examinations, which should begin no later than the middle of June 2006. After that the Certification will be done in court (a three hour process in all likelihood) and then off to trial.
There is something that is deemed imperative in a civil action to determine which party is liable for all costs incurred by both feuding parties. One thing the Judge will take into consideration in awarding costs is which party tried to resolve the case before it went to trial. Your committee has always been open and will continue to be open to a negotiated settlement. It is Bill R. and Ross A. who continue to act in bad faith by denying all accountability for their involvement with TCI when the facts clearly point otherwise. They also seem to be refusing to participate in the lawsuit, appearing to us to be delaying the process as much as possible. We are aware of this tactic, as it is the same one they have used with TCI members for over four years, and we are instructing our lawyer accordingly.

March 29, 2006: I have asked Mr. Kirwin to post an update on the SKM site along with a Q and A section, and hope that will be available to you soon. As you can understand, we cannot post much on this public website, and even on the SKM site the comments will be limited to the basic facts.
For the past several weeks, we have been working on something called the Affidavit of Documents. It is a large package of evidence. Also, extensive work has been done for Examinations of Discovery which can begin at any time. Our lawyer is also working to clarify the wording for the Certification of the Class Action. It is still our belief that a negotiated settlement can be reached once TCI management realizes that it is in their best interest.

January 27, 2006

Actions taken to date: Filing of the Statement of Claim
Receipt of Defense
Response to Defense
Examinations of Discovery

Your TCIR Committee has been working hard to prepare the materials and evidence for our lawyers and have presented most of that information to them. They are currently issuing the Response to the Defense and are planning for the Examinations of Discovery at which TCI representatives will be questioned under oath and a transcript of the proceedings will be produced.

Bill Rath is also fighting against extradition to the US in another court case. His lawyer for the past several years is high-priced Toronto lawyer Brian Greenspan and we can’t help but wonder whose money is paying his fees? Sometime this Spring there will be a hearing at the Supreme Court of Canada for Bill’s final appeal and if he loses that appeal, which we hear from Authorities is likely, he will be sent immediately to Kentucky, facing charges that will result in a lengthy federal prison stay. For reasons that we do not want to discuss now, your Committee feels this is good news. Bill Rath has moved from his estate in Uniondale and now resides in St. Catharines, Ontario.

Our lawyers have told us that 80 to 90% of Civil cases settle out of court. We are ready and willing to negotiate a settlement and have been offering to do that since we began our website last April. TCI management have dragged their feet from day one. Despite their irritation with our website and lawsuit, TCI management have done nothing concrete to assure investors that money is coming, in fact their vague promises have lessened in recent emails. We’ve blown their veil of secrecy and united an ever-growing group of members who are not naïve enough to think that these people will pay us unless they are forced to do so. We are now entering our 5th year since payouts stopped for the average TCI member.

It is our responsibility to prove who is in charge of TCI. We know who is in charge and have definite proof beyond a shadow of a doubt. At Examinations of Discovery we can prove the fraud and it’s up to the Defendants whether they want to negotiate a settlement or look like fools in court. TCI management is in a no-win situation, but if they negotiate a settlement before court, they can pay us off and we will go away, leaving them to run TCI. If they are foolish enough to take this to court, criminal charges will be laid, involving both Canadian and US courts. It’s up to them to decide whether to negotiate, as it has always been.

Despite all of their chest-thumping,, we have more than enough evidence to prove who is in charge of TCI. We are so positive that we are hoping to be able to close TCIR to new members soon.

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