Request to Information Privacy
Commissioner f
From
28 Espana
Lane
Cell phone: (416) 831 4428
E-mail: michaelmoles@hotmail.com
Table
of Contents
Request
to Information Privacy Commissioner for External Consultant’s Report
1. PII (Private Investigators International)
2. Personally Viewing the Arthur Anderson Report
3. Arthur Anderson and Lack of Signatures
4. Ontario Hydro Internal Audit Report
5. Information Privacy Commissioner
Appendix A: Dismissal Documentation
Appendix B: Report from Private Investigators
International
Appendix C: Letters to Susan Eng and Maureen Prinsloo and
Letter from Detective Stephen Harris
Appendix D: Comments from Information Privacy
Commissioner
Appendix E: Comments on Arthur Anderson Report from Wanda
Sanginesi and Michael Moles
Appendix F: Plaintiff’s Request to OLRB and Reply
Appendix G: Response from Information Privacy
Commissioner
Appendix H: Feedback from OPP on Criminal Investigations
Appendix I: CARIAD fax discussing laundering money.
Appendix J: Communications with “The Society”
Appendix K: Signatures and Authentication
Appendix L: Comments on Ontario Hydro Internal Audit
report from www.hydro-gate.com
Appendix M: Home
Page from web site www.hydro-gate.com and related information on Michael Moles’
activities
Summary: This request is for the Information Privacy Commissioner to re-open my request for an external consultant’s report to Ontario Hydro (now OPG), based on faulty decisions and new evidence. The previous request was rejected as it the report was judged as employment-based, and insufficient evidence for forgery.
The evidence is summarized in this document. There is no evidence that the report from Arthur Anderson was employment-based; all the evidence indicates that the report was to investigate allegations of fraud. There is strong circumstantial evidence of fraud.
In addition, the evidence strongly indicates that the Arthur Anderson report is a forgery, used to cover up fraud. For example, it has been established that the report has no signatures, names or report number – in marked contradiction to established practices.
Consequently, we are requesting a re-opening of the case.
As this case shows, my dismissal is based on evidence in an (allegedly forged) report from Arthur Anderson. (See Appendix A).
My web site, www.hydro-gate.com,
gives an update until ~1999, but has only been updated recently f
1. I first realized that my Manager at Ontario Hydro Research Division was scamming the corporation back in 1992.
2. I asked the VP to investigate. Ontario Hydro’s Internal Audit did so, and whitewashed the case. (They didn’t even interview three of my four witnesses).
3. I hired a top quality Private Investigator to make a case “one step short of criminal fraud”. They did a great job. (See Appendix B)
4. Ontario Hydro called in Arthur Anderson to investigate, and then apparently forged their report.
5. During this period, I asked Susan Eng, then Police Services Board head, for help. She passed this on to the Fraud Squad, who investigated without consulting me first, and found nothing. (See Appendix C)
6. Eventually I was fired in November 1996. My first union rep was eventually convinced and supportive – then she left the union. Wanda’s evidence is attached. (See Appendix E)
7. My second union rep was a sleazebag and went to lengths to cover up the forgery. I did see the (forged) Arthur Anderson report, and was stunned – no signatures, no names, no report number. Obviously, the report never went through the Arthur Anderson system. (See Appendix E)
8. I asked my (then) criminal lawyer to get the Police to investigate. He asked a police buddy, who turned out to be elsewhere in the system, who then refused to investigate.
9. I asked the LRBO to re-open the case; they refused. (See Appendix F)
10. My new lawyer, a litigation lawyer,
also asked the Labour Relations Board of
11. The IPC was better, but finally made a very narrow ruling that this was a labour issue, not FOI, as we hadn’t proved that lack of signatures was significant. My litigation lawyer and I missed the timing on this, and he essentially stopped working on the case. We stopped pursuing the IPC request. However, we effectively established that the Arthur Anderson report has no signatures. (See Appendix G)
12. Since then, I went back to the Fraud Squad, who reviewed the case again, and were adamant that they would not investigate without a full criminal case. In my opinion, this is a cop-out; the Fraud Squad investigated in the 90’s with extremely flimsy evidence – doubtless because Susan Eng requested it. (See Appendix H) Apparently the incrimination evidence in the CARIAD fax, which talks about laundering money, is not sufficient. (See Appendix I)
13. We asked the Ontario Labour Relations Board to re-open the case, which is the official route. We have already asked the OLRB three times (myself, my criminal lawyer, my litigation lawyer). Each time, OLRB said that they would only open it if we have “evidence of incorrect procedures, or new evidence”. (Presumably, some documentation on my lawyers’ efforts is in their files). All the Society communications are attached. (See Appendix J)
14. Subsequent to my rejection by the union, my then lawyer attempted to get access to this report through the FOI. For the first few years, the law governing FOI was not cooperative, but was changed with the arrival of the McGuinty administration. My lawyer attempted to get the report.
15. The FOI lawyer at the time essentially concluded:
1. That the report was primarily for employment issues, and
2. That lack of signatures had not been proven to show a forgery.
At this stage, my lawyer essentially lost interest in the project, so I was left rudderless.
16. It was clear that more information was needed.
1. I asked the original Arthur Anderson investigator about signatures; these are definitely needed, but Howard Rosen was tied by contractual obligations to AA, and unable to comment.
2. My previous union rep (Wanda Sanginesi) gave me a description of the report, which corroborated my views: no signatures (or names), flaky content etc.
3. The Fraud Squad called (about my web site). After a lengthy pre-investigation on their part, they commented that this was the first official request to the FS, but they would not investigate (for their own reasons – basically, overload).
17. The case was taken back to the OLRB, who flatly refused to have anything to do with it.
18. At this stage, it appears to be time to re-visit the IPC.
Ontario Hydro dismissed me in November
1996. The case went to my union (“The Society”); my first union rep was just appreciating
that something was seriously wrong when she changed jobs to work for
The most obvious single piece of evidence is a fax from the target external company (CARIAD), which talks about laundering a cheque. (See Appendix I)
My second rep spent many months before deciding to cover up this case. The second union rep and a union lawyer showed me the Arthur Anderson report in 1999; it was clearly a blatant forgery. There were:
· No names on the report
· No signatures on the report,
· No report number, and
· Much of the content was disputable.
For someone who regularly reads and writes reports, it was quite clear that this report never went through any company approval system. A subsequent call to Arthur Anderson confirmed this. Later, Arthur Anderson and Ontario Hydro seemed to come to an agreement, and Arthur Anderson’s interest in the report vanished.
The Ontario Hydro Internal Audit report was
also defective: not only was only one of my three witnesses interviewed, but
the actual report listed three
For a variety of reasons – mainly financial and legal – the case went on hold for a few years. In recent years, my litigation lawyer has attempted to obtain the Arthur Anderson report though Freedom of Information requests. However, OPG lawyers argued (successfully this round) that the Arthur Anderson report relates to employment, and is not criminal (see Appendix G). The Information Privacy Commissioner concluded that lack of signatures is not enough to establish a forgery.
The
· The suspect manager was in poor shape financially,
· The target company (called CARIAD) was only known to practice fraud,
· The CARIAD fax actually mentions laundering money (see Appendix I), and
· Essentially the whole R&D program was suspect.
The case provided was “one step short of criminal fraud” to allow Ontario Management room to maneuver. Unfortunately, they chose to forge the Arthur Anderson report instead.
This report (which I have seen) is obviously a forgery, as indicated by the evidence listed in Appendix D and E, but we have not managed to obtain it by legal means yet. The Arthur Anderson report has many discrepancies in it. Many have been already mentioned, including:
· No signatures.
· No author’s names.
· No report number.
· It is impossible to reference this report, so it cannot have gone through any major corporate documentation system
· Unusual format and style.
· Internal contradictions within the report.
More objective comments are available from Wanda Sanginesi. (See Appendix D)
Before its demise, Arthur Anderson had verbally stated that all reports have signatures and names, though this was not accepted by the Information Privacy Commissioner. Arthur Anderson the company is effectively defunct and unavailable for comment. (See Appendix K for legal requirements for signatures).
However, the
original Arthur Anderson investigator (Howard Rosen) is still available in
As mentioned
earlier, the Internal Audit report was also seen by the plaintiff. This report
does have suitable names etc., but is a whitewash. Specifically, only one of my
four witnesses was interviewed (the accounting clerk). Perhaps more important,
the sums of money sent to CARIAD were downplayed. One CARIAD PO obtained for
address purposes was not listed in the three mentioned by the IA report. Since
this
This drawn out request showed a number of interesting details, all of which loosely support the forgery allegations:
·
A large web site containing the
whole case (except f
· This is a highly litigious web site, and clearly accuses OH/OPG of fraud and forgery (see Appendix M and accompanying CD).
· After a couple of letters threatening to sue, OPG has been quiet about this site.
· Meanwhile, the site has had well over 100,000 hits, and is well known in OH/OPG.
· Using this site, over fifty letters have been sent alleging fraud and forgery at Ontario Hydro/OPG.
· These letters have been sent to provincial politicians, the Prime Minister, federal politicians, newspapers, TV stations, the police, selected journalists, banks, US politicians and OPG Management/Board of Directors.
· It is hard to believe that OPG would not take serious legal action unless the facts were substantially correct. Given the relative sizes and financial strengths of OPG and me, legal action would be trivial IF the Arthur Anderson report were genuine.
· A CD copy of the web site is attached.
(See Appendix M
f
· Review and re-open this request for the Arthur Anderson report.
The original submission to the IPC (Appendix D) produced two comments:
1. The case was not allowed as the IPC had concluded that the application was employment-related. (I would beg to differ here; this was clearly started and pursued as a criminal fraud investigation).
2. The documentation did not show that lack of signatures indicated a forged document.
Appendix N contains most of the relevant Ontario Hydro documentation on the subject.
28 Espana Lane
Toronto, Ontario,
Canada M2N 7K8
Cell phone: (416) 831 4428
E-mail: michaelmoles@hotmail.com
u Decision Point
u Decision Point
The attached report summarizes the requirement for signatures and authentication. It is very simple to determine whether or not this specific Arthur Anderson report should have a signature or not – ask the author.
The author is:
Howard Rosen
Managing Director
LECG
Main office tel:
Direct line:
E-mail: hrosen@lecg.com
Signatures
Introduction:
The historical legal concept of
"signature" is broad. Over
three hundred years ago, the Statute of Frauds was introduced in
The legal concept of signatures recognizes any mark made with the intention of authenticating the marked document. (Here we ignore the current discussion on electronic vs. manual signatures as not-relevant). A signature is not part of the substance of a transaction, but rather of its representation or form. Signing writings serve the following general purposes:
The formal requirements for legal transactions, including the need for signatures, vary in different legal systems, and also vary with the passage of time. There is also variance in the legal consequences of failure to cast the transaction in a required form. The statute of frauds of the common law tradition, for example, does not render a transaction invalid for lack of a "writing signed by the party to be charged," but rather makes it unenforceable in court, a distinction which has caused the practical application of the statute to be greatly limited in case law. (Ref 2)
Sample
Requirements:
To achieve the basic purposes of signatures outlined above, a signature must have the following attributes:
In contrast to `writing', there is no definition of `signature' in the Interpretation Act. A common source for debate is whether a plaintext name appearing at the end of an electronic message is a legally binding signature. (Again, this distinction is not relevant here since the Arthur Anderson report has no names either). While the courts have never dealt with this specific issue, there have been many cases on the meaning of `signature'.
Case law has been clear that `signature' does not always require a handwritten name. Instead, courts generally look for the intent to authenticate the document as being that of, or as legally binding on, the signer. The signature should also establish an evidentiary connection to the signatory. Without intent or evidentiary connection, a contract dispute could regress to a credibility battle. A party may try to avoid legal obligation by claiming either not to have intended the document to be legally binding or not to be the source of the document. (Ref 1)
Though examples of required report formats are few and difficult to obtain, here are some examples of public requirements.
A. The FBI has specific requirements for one style of their reports (Ref 3).
(I) A signature and title, or equivalent identification, of the person
B. Similarly, the
“… once registered in their legal name, the firms should sign audit reports filed with the Commission using that name.”
C. More specifically, the
In
practice, there is a variety of different approaches to “authenticating” documents,
but some form of name or signature is required in all of them. Note that both
signature and name – in any form – is missing for the alleged forged Arthur
Anderson report currently with OPG.
Specific Arthur Anderson Procedures
Specific
to this report, we are not able to obtain the Arthur Anderson procedures for
report writing since AA has gone bankrupt over the Enron issue.
However,
the original author of this Arthur Anderson report is in
We suggest you call him at:
Howard Rosen
Managing Director
LECG
Main office tel:
Direct line:
E-mail: hrosen@lecg.com
Summary:
Signatures have been the accepted method of authenticating documents for centuries. Signatures have been used to counteract fraud from the beginning. They are used in both business and everyday life as a standard requirement. For a report not to be properly “authenticated”, as in this instance, indicates that this report did not go through the normal approval procedures, i.e. it is a forgery.
References:
1. David Castell, “Electronic Commerce: Statutory Formalities”, copyright 1997.
2. American Bar Association, Section of Science and
Technology, Information Security Committee, “Digital Signature Guidelines Tutorial”.
3. Federal Bureau of
Investigation, “Standards for Forensic
4.
5.
Michael Moles
Affidavit of Janne Chung
1.
I am an associate professor in accounting at the Schulich
School of Business at
2.
I have a Bachelor of Science degree in accounting, a master of
accountancy and a PhD. My curriculum vitae appear as Exhibit 1 of this my
affidavit.
3.
I teach undergraduate, graduate and PhD courses in accounting including
courses in auditing standards and application.
4.
I am also the author of approximately 20 refereed journal articles and
have presented papers and research at academic conferences in Canada and
internationally. Some of my research has related to the accounting firm Arthur
Andersen LLP (“Arthur Andersen)”, now defunct
5.
I swear this affidavit in support of an application before the Ontario
Labour Relations Board from Michael Moles (“the Applicant”), a former employee
of Ontario Hydro (“the Employer”) who is challenging his termination and the
conduct of his union.
6.
I have been advised by counsel for the Applicant and believe to be true
that one of the issues in the application is the legitimacy of a certain
document that was presented as an accountant’s report conducted by Arthur Andersen LLP.
7.
I have been advised by counsel for the Applicant and believe to be true
that the Applicant was not provided with a copy of the report at issue.
8.
I have not reviewed the report myself.
9.
I have been advised by counsel for the Applicant and believe to be true that
the purpose of the accountant report in question was to review the results of
an internal investigation into certain alleged financial irregularities and/or
misspending.
10.
Based on my professional expertise, it is my opinion that such a report would be considered a
“review engagement report” and should be carried out according to the standards
and recommendations of the Canadian Institute of Chartered Accountants
(“CICA”), the professional body to which all chartered accountants in
11.
CICA’s Section 8100 - General Review Standards covers
review engagements and appears as Exhibit 2 to this my affidavit.
12.
Section .23 of the standards state that the accountant “should document
matters that in his or her professional judgment are important to support the
content of the report.”
13.
Therefore, the review engagement report would set out the information
relied on by the accountant in arriving at his or her conclusion.
14.
The review engagement report would be addressed to the person engaging
the public accountant.
15.
The review engagement report would include the name and the signature of
the accountant who conducted the review.
SWORN before me in the
of )
this day of , 2009 )
)
A Commissioner for Oath, etc. ) ________________________
Janne Oi Yin Chung
Michael Moles – “Wrongful Dismissal” Timeline
|
Date |
Event |
Comment |
|
Nov 1992 |
Case effectively starts with complaint that looks like Manager is scamming public |
Sent to VP; sent to Internal Audit. Whitewashed; only one of four witnesses interviewed |
|
Oct-Nov 1993 |
Hired Private Investigators International to make a “one step short of criminal fraud” case |
PII succeed brilliantly and quickly. Top evidence is fax freely admitting laundering money by target company. |
|
Oct 1994 |
Spouse dies of leukemia. |
On-going dancing with Ontario Hydro Management. |
|
Nov 1996 |
Dismissed |
Started union (“The Society”) activities |
|
Nov 96-?Mar 98 |
First Society rep |
Wanda finally accepted fraud and forgery as problems |
|
Mar 98-early 99 |
Second Society rep – Matthew Kellway |
Danced well and covered up case. Only Society member to see documents (ex. Wanda) |
|
Jan-March 1999 |
First of three appeals to OLRB, by |
No success. OLRB says that we “need more information” |
|
1999 |
Criminal lawyer (Mr. Darrah) takes case to OLRB |
(See Mr. Darrah’s files for details) |
|
May 1999 |
Upload web site: www.hydro-gate.com |
Still up. Well over 100,000 hits, and over 50 letters about OH to media, government, OH Management |
|
2001 |
Switch to Litigation lawyer |
Targets FOI as best approach |
|
2001 |
Litigation lawyer takes case to OLRB informally: OLRB says we “need more evidence” |
(See Mr. Di Vincenzo’s files for details). OLRB says that we “need more information” |
|
2001 Harris gov. changes FOI laws |
No FOI action until law is changed back |
Appeals delayed accordingly. (See Mr. Di Vincenzo’s files) |
|
2003 Liberals elected |
Change FOI laws again |
Re-start activities |
|
~2003-June 2005 |
Attempt to get AA report through FOI. IPC accepts that Arthur Anderson report has no signatures |
OPG lawyers “fight” back, and win. IPC recommends going to Fraud Squad |
|
2005- May 2008 |
MM attempts to get OPP Fraud Squad interested in case |
No interest. Need full case for OPP |
|
200-May 2008 |
MM working on getting more information |
Damning evidence from Wanda. Some limited evidence on signatures. |
|
December 2008 |
Switch to labour lawyer |
Re-open appeal to OLRB |
|
Summer 2009 |
Application to OLRB rejected |
|
|
Fall 2009 |
Re-start with new lawyer |
Incompatible philosophies |
|
January 2010 |
Re-start with another lawyer |
|
Sample Travel Activities for 2006-February 2009
2006
Jan 3-6:
Jan 9-13:
Jan 16-20:
Jan 23-27:
Jan 30-Feb 3:
Feb 6-10: Mostly T
Feb 13-17; Las Vegas
Feb 20-24: Toronto
Feb 27-Mar 3: Mostly Toronto
Mar 6-10: ¿
Mar 13-17: Rayleigh, NC
Mar 20-24: Minneapolis, MN
Mar 27-31: Toronto
Apr 3-7: Argentina
Apr 10-14: Japan
Apr 17-21:
Apr 24-28: NAVAIR,
May 1-5:
May 8-12:
May 15-19:
May 22-26:
May 29-Jun 2: Toronto
Jun 5-9: Birmingham, AL
Jun 12-16: Calgary, AB
Jun 19-23: Aberdeen, UK
Jun 26-30:
Jul 3-7:
July 10-14:
July 17-21:
July 24-28: ASME, Vancouver
Jul 31-Aug 4:
Aug 7-11: ASME,
Aug 14-18: Tour
of
Aug 21-25:
Aug 28-Sep 1:
Sept 4-8:
Sept 11-15:
Sept 18-22:
Sept 25-29:
Oct 2-6:
Oct 9-13:
Oct 16-20:
Oct 23-27:
Oct 30-Nov 3:
Nov 6-10:
Nov 13-17:
Nov 20-24:
Nov 27-Dec 1:
Dec 4-8: Singap
Dec 11-15: T
Dec 18-22: T
Dec 25-29: Christmas
2007
Jan 2-5:
Jan 8-12:
Jan 15-19:
Jan 22-26:
Jan 29-Feb 2:
Feb 5-9:
Feb 12-16;
Feb 19-23:
Feb 26-Mar 2:
Mar 5-9:
Mar 12-16:
Mar 19-23: Aberdeen, UK
Mar 26-30: Oxford, UK
Apr 2-6:
April 9-13:
April 16-20:
April 23-27:
Apr 30-May 4:
May 7-11:
May 14-18; Grapevine, TX
May 21-25:
May 28-Jun 1:
Jun 4-8:
Jun 11-15:
Jun 18-22:
Jun 25-29:
Jul 2-6:
Jul 9-13:
Jul 16-20:
Jul 23-27:
Jul 30-Aug 3:
Aug 6-10:
Aug 13-17:
Aug 20-24:
Aug 27-31:
Sep 3-7:
Sep 10-14:
Sep 17-21:
Sept 24-28:
Oct 1-5:
Oct 8-12:
Oct 15-19:
Oct 22-26:
Oct 29-Nov 2:
Nov 5-9:
Nov 12-16:
Nov 19-23:
Nov 26-30:
Dec 3-7:
Dec 10-14:
Dec 17-21:
Dec 24-28: Christmas
2008
Dec 31-Jan 4:
Jan 7-11:
Jan 14-18:
Jan 21-25:
Jan 28-Feb 1:
Feb 4-8:
Feb 11-15:
Feb 18-22:
Feb 25-29: Toronto
Mar 3-7: Charlotte, NC
Mar 10-14: Toronto
Mar 17-21: Vacation (Cuba)
Mar 24-28: Vacation (Cuba) and Toronto
Mar 31-Apr 4: Los Angeles, CA
Apr 7-11: T
Apr 14-18:
Apr 21-25:
Apr 28-May 2:
May 5-9:
May 12-16:
May 19-23:
May 26-30:
Jun 2-6:
Jun 9-13:
Jun 16-20:
Jun 23-27:
Jun 30-Jul 4:
Jul 7-11:
Jul 14-18:
Jul 21-25:
Jul 28-Aug 1:
Aug 4-8:
Aug 11-15: Toronto
Aug 18-22: Quebec, PQ
Aug 25-29: Los Angeles, CA
Sep 1-5:
Sept 8-12:
Sept 15-19:
Sept 22-26:
Sep 29-Oct 3:
Oct 6-10:
Oct 13-17:
Oct 20-24:
Oct 27-31:
Nov 3-7:
Nov 10-14: Los Angeles, CA
Nov 17-21: Oxf
Nov 24-28: Toronto *
Dec 1-5: Toronto *
Dec 8-12: Toronto *
Dec 15-19:
Dec 22-26: Christmas *
Dec 29-Jan 2: Christmas *
2009
Jan 5-9:
Jan 12-16: Vacation (DR) *
Jan 19-23:
Jan 26-30:
Feb 2-6:
Feb 9-13: IPIEA,
Feb 16-20:
Feb 23-27:
Note:
* Travel discouraged due to economic fallout.
Papers Presented and Published from May 2003 to
present
Michael Moles
November 15, 2009
20.
Honarvar, F., Sheikhzadeh, H., Moles, M., and Sinclair, A.N. (2004),
“Improving the Time-Resolution and Signal-to-Noise ratio of Ultrasonic
31. Jastrzebski, M., Dusatko, T., Fortin, J., Farzbod, F., Sinclair, A.N., and Moles, M.D.C.,
“Enhancement of Synthetic Aperture Focusing Technique by Advanced Signal
Processing”, 16th World Conference on
Nondestructive Testing,
57. Sinclair,
A.N., Fortin, J., Honarvar, F., Jastrzebski, M., and Moles, M.D.C., “Enhancement of Ultrasonic B-Scan Images for Sizing of Defects by
Time-of-Flight Diffraction”, TICME 2005,
Phased Arrays and Diffraction Sizing”, Paper
# PVP2007-2657, ASME Pressure Vessel & Piping Conference 2007,
Phased Arrays and Diffraction Sizing”,
Books
Edited: