SUMMARY OF BEING A VICTIM OF CRIME AND INJUSTICE

                                SUMMARY OF BEING A VICTIM OF CRIME AND INJUSTICE

Year 1995 March 2nd, Mr. Pan back from US and took a position as a Thai chef to help his new boss—the owner of restaurant Sawatdee to reopen the business (restaurant was closed a while already because the owner have troubles kitchen staffs); and the job found by his late wife Cuiqin Ren, introduced by Qingrui He (the employee of Sawatdee).

Year 1995 November 30, tragic accident happened to Mr. Pan’s late wife Cuiqin Ren, which she was sent by YWCA doing volunteer job at non profit restaurant Le Buffet Heberge. Because of the disrespectful with Incentive Care department at Montreal general hospital, The Y sent Enza Martuccelli from the Y legal clinic to Mr. Pan’ family for legal and family support.

By then Mr. Pan’s family stated to live in nightmare given that Enza Martuccelli was disbarred since 1994 with a criminal record (500-01-012718-919), which she was at the Y to do community services as court ordered; Mr. Pan learned late on when he made his first complaint to MUC police. Without experiences how to dealing with lawyers, especially it was very emotional and depression because the situation he deal with, Enza tricked Mr. Pan by deferent of ways defrauded about $20,000 in his personal.

Mr. Pan’s late wife died at the Incentive care since the doctor signed an order to let her die without Mr. Pan knowing. Since Mr. Pan’s whole family finance was managed by his late wife, Enza helped Mr. Pan found all family financial resources saved at financial institutions, also cash in their house. Enza also well knowing about Mr. Pan’s family whole situations since she repeatedly stated that she has to know everything about this family before she find a better plan to provide her services.

Right after his late wife’s funeral MUC police start involving with Mr. Pan’s life. Because of the Hong Kong mafia background with Mr. Pan’s boss; as Mr. Pan’s lawyer, Enza went to the police station with Mr. Pan together when Mr. Pan want to know what kind type of mafia background with Sawatdee. January 1996, Enza represented Mr. Pan filed at superior court forced Sawatdee went bankruptcy by his own expenses, since his boss owed Mr. Pan personal money plus 19 weeks of his salaries also other employee’s salaries.

Mr. Pan paid by his own expense again to purchased the bankruptcy Sawatdee in order to let the kitchen employees to keep the job, which because of misleading of legal representing especially the wrong doing by Enza, Mr. Pan has to pay much more as the trustee promised. Given that end of bit, Mr. Pan still unable to operate the restaurant since didn’t have a lease. With the pressure from the Hong Kong mafia, MUC police can’t do anything, and just simply advice Mr. Pan that better to move the restaurant in a new location.

By then Mr. Pan paid another expenses to purchase the second restaurant Le Chopin at Old Montreal and Mr. Pan has to spend more expenses to move Sawatdee from 3153 Notre Dame E. to 457 rue Ste-Perrier in to Le Chopin. From that Mr. Pan discovered Enza try to play with his court document and claimed that she has 5% shares from Mr. Pan’s company (Maison Chuan Yang Inc.) MCY Inc., on May 27th 1996, Mr. Pan reported MUC police, since Enza used Mr. Pan’s company name MCY and his restaurant name Sawatdee defraud others.

In that point Mr. Pan was shocked to learn from MUC police about Enza Martuccelli; when MUC police try to convince him to file a complaint to against Enza, Mr. Pan was refused to since MUC police told that Enza is professional fraud, which she already fraud many people before Mr. Pan; by then he told them the reason since his late wife just died that he has 12 years old daughter to take care of, and he just passed through struggle with the mafia which business just start at a new location;

The main point that Mr. Pan refused to file a complaint because she was a lawyer, and she new all kind tricky to put her enemy into trouble, which that was the reason why no one likes to against her since she is professional fraud. By then MUC arrested her with another reason, and warning her not arrowed get into Mr. Pan’s restaurant again. Two months after, Enza still doing the same thing, and she defrauded Mr. Pan’s former dish washer Mr. Ruxiang Zhang $18,000 again.

Mr. Zhang is artist in China. When Enza released from MUC police, she convinced Mr. Zhang to quit his dish washer job; brought him rent a place at Old Montreal open arts gallery and workshop, which Mr. Zhang spent $18,000 purchased equipment plus all the sculptures he done at the shop, Enza just simply kicked him out, and kept everything became her assets.

Mr. Pan brought Mr. Zhang to MUC police file a complaint to against Enza, surprisingly MUC police refused to open the file, and they told that since Enza Martuccelli already destroyed evidences, which they can’t do anything about—up to today Mr. Pan still can’t picture how MUC police stated that evidences already destroyed since Mr. Pan just went to file a complaint.

Mr. Pan was very mad with MUC police their decision and he never understand why MUC police can’t do anything to stop her to continually hurting public; by then Mr. agreed to bring his evidences in order to help MUC police to bring Enza Martuccelli back to justice with a promise by MUC police that they would try their best to help Mr. Pan if Enza cost him trouble.

July 3rd 1996, Mr. Pan filed a complaint against Enza Martuccelli and MUC police pressed charges to against her in the criminal court for fraud (33-960703-056). Once MUC police investigate start, right away Mr. Pan brought himself into trouble: many harass phone calls from Enza, mafia get into his restaurant eat for free and break things, especially different of inspectors visited Mr. Pan’s restaurant, which Mr. Pan had to explain each of them what was happened about Enza; by then finally they understood.

During the period of MUC police investigation, everyday have some trouble cost to Mr. Pan; some time in one day police came two, three times—but when police arrived, they already gone, which police never can do anything about. Beginning of August 1996 Mr. Pan really got depressed, and he left his restaurant to let his one of his employee Qingrui He to which a while. However, since Qingrui He was waiting for his immigration paper and his family visa, Enza convinced He went to cooperate with her.

First thing Enza did was file a complaint to MUC police accused Qingrui He bitten her; by then police arrested He, which Mr. Pan has to paid expenses to hire a lawyer defend for him. From that moment, He went to cooperated with Enza given fact that He helped Enza destroyed some evidences; especially He filed his personal registered restaurant business at Raison de Association under Mr. Pan’s restaurant address 457 rue Ste-Pierre with a same name Sawatdee.

It suppose should never happen since Mr. Pan’s company MCY was incorporated under Quebec civil law protection; but since Raison de Association never check especially it never contact with Quebec Inspector de General Finance, which Enza knew how the system works, by them made it happened unfortunately. When Mr. Pan discovered, Mr. Pan informed the fact to He’s both banks and both He’s business bank seized, which Qingrui He defraud $35,000 sales from Mr. Pan’s restaurant.

Beginning of November 1996, Enza and He both showed up at the small claim court as witnesses to state a perjury to against Mr. Pan’s company MCY for the case Enza Martuccelli used MCY signed a contract of without Mr. Pan knowing defrauded Atllah Charles (500-32-015727-961). There were many happened in this way that Mr. Pan have to pay the damages to those victims since Enza often used the same trick with those victims.

September 27th 1996 MUC police arrested Qingrui He and pressed a charge on him for fraud (33-960927-033). Try to get away MUC police fraud charges, without any proofs Enza and He both fabricated a civil case (500-05-2818-970—the case never continued up to today) claiming $400,000 damages from Mr. Pan plus equal shares from Mr. Pan’s company MCY. MUC police informed Mr. Pan don’t have to worry since it became a strong evidence to prove Enza and He both working together against Mr. Pan.

By the fact it was not like MUC police claimed since they told Mr. Pan have to hire a lawyer because it became a civil matter. Mr. Pan was shocked again since he still recalls the promise giving by the police before he provides evidences. However, Mr. Pan hired lawyers one after the others, but his life became even more and more difficult, which you could learn from: Do you seeking a lawyer for help? Read this before hire anyone—NIGHTMARE (http://www.sinoquebec.com/bbs/showthread.php?t=63353).

Since the criminal court move very slow, but civil court was moving very fact since Enza know the system how it works. Mr. Pan couldn’t represent himself since Enza suit for his personal and his company MCY, which Enza and He became a position illegally operating Mr. Pan’s restaurant that MUC police never want to involve since Enza knew what is her button line, and she even threaten MUC police also the crown prosecutor that made both of them fed up decided to gave up the case.

June 1997, Mr. Pan was hospitalized with major depression that he was on five deferent of medications and suffered with side effects, which you may learn from: Medical Error & Discrimination (http://www.sinoquebec.com/bbs/showthread.php?t=46356),

There is also another article published: Asian Traditional Medical Treatment--personal experienced (http://www.sinoquebec.com/bbs/showthread.php?t=68325).

Even under major depression, Mr. Pan still tried to straight out by the fact in order to get his life back, since Enza was facing court arrest order that Mr. Pan informed MUC police they could find Enza in his restaurant; but police was not interested (Mr. Pan learned late on year 2003 behind Mr. Pan, one of his lawyer Stephen Angers withdrawal Mr. Pan’s complaints from MUC police for fraud.

By then Mr. Pan tries to contact with different of government agencies, social community services also organizations, and the medias, but there is no any hope since seem no one really cares. It was only a small newspaper paid an attention, and the journalist Madam Linda Guile (now working for Gazette) visited Mr. Pan at Jewish General Hospital Mental Institution and investigate how could case went so wrong like this.

August 18th 1997, the article published on HOUR Magazine titled DEATH & NOODLES (http://www.sinoquebec.com/bbs/showthread.php?t=75582), since Enza Martuccelli never showed up at the civil also criminal court, Madam Linda Guile mentioned on article that if MUC police want to arrest Enza Martuccelli, she may found at Mr. Pan’s Sawatdee restaurant.

Because the article, June 1998 finally Enza showed up at criminal court, as a witness Mr. Pan also went to the criminal court; and the police detective and crown prosecutor both informed Mr. Pan, which they only want to use small amount close this case, Mr. Pan refused. At the court hearing, Enza pleaded guilty; since Judge realized Mr. Pan is the main victim, he asking Enza what she willing to settle with Mr. Pan, since Mr. Pan is main victim here?

Enza told the judge that since she has civil case with Mr. Pan, that she rather has a settlement with Mr. Pan at civil court. Mr. Pan wants to tell the judge he disagreed since the civil case was just Enza fabricated; but both of them—police detective and crown prosecutor tell Mr. Pan to short up since Mr. Pan was only the witness here that he has no right to argue anything.

From then, Enza and He never show up at civil also criminal court again, which she even didn’t pay anything back to anyone as she promised at the criminal court. Instead, they just continue illegally running Mr. Pan’s restaurant business Sawatdee. Year 1999, criminal court granted another arrest order try to bring Enza Martuccelli back to justice, even although criminal court printed the court arrest order record to let Mr. Pan to show MUC police, but since MUC police and crown prosecutor both not interested her anymore, Enza never got arrested even up to today.

April 14th 2000, Qingrui He started a new case (500-02-084866-008—withdrawal on November 7th 2000) to claim that He became 100% legal owner with Mr. Pan’s Sawatdee restaurant since He already run three years of Mr. Pan’s Sawatdee restaurant business, which He never continue the first case (500-05-028181-970—never continued up to today) that they were claim three of us has equal shares with Mr. Pan’s company.

Year 2000, Caverhill Learmount Inc. (Mr. Pan’s landlord) wants to sell the building, since the buyer doesn’t want have restaurant, by then Qingrui He illegally took a position as defendant Mr. Pan’s company MCY to get compensation from Caverhill Learmount Inc. (500-02-075939-996). By then He moved Mr. Pan’s restaurant away and hidden Mr. Pan’s assets away. On November 7th 2000, Qingrui He withdrawal the case (500-02-084866-008) since He already made Mr. Pan’s assets illegally belong to him by the fact.

December 2001, Mr. Pan’s another lawyer Bernard Pager convinced Mr. Pan to sign an agreement with Qingrui He and get back Mr. Pan’s assets whatever He left with without any lawsuit, Mr. Pan refused. By the fact, Bernard Pager who supposes register a case to against Qingrui He at civil court and forward to criminal court immediately when Mr. Pan hired him; since Mr. Pan refused, Pager never did any legal action left the case; furthermore, Pager closed his law firm office and disappeared.

It was became big interests for any of whom involved with since the big potion of Mr. Pan’s assets—Thai antiques, Thai handicrafts became very valuable because since the new law came out with Thai government from year 2000: Anything related with Thai culture is not allow to export, and that was the reason Mr. Pan’s lawyer never want to file the case instead just play with Mr. Pan’s mind.

February 28th 2003, finally Mr. Pan convinced the civil court allow him to represent him by himself instead his lawyers; fortunately Mr. Pan had a chance to bring all the facts by himself to front of judge Me Louis Lacoursiere, which the court just realized that Mr. Pan is a victim that not a defendant based on all the facts. Since his was only a civil court judge, he promised to keep Mr. Pan’s motion open till able to him to conclusion the motion.

The judge suggested Mr. Pan go back to MUC police also crown prosecutor department in order to help him discover where are Enza Martuccelli and Qingrui He now, and where are the assets hidden till Mr. Pan able to find where Enza Martuccelli and Qingrui He their present address, but Mr. Pan failed again with police also crown prosecutor department even he found both of them—Enza and He and with his assets, which Qingrui He is using Mr. Pan’s assets open the new restaurant again.

Mr. Pan’s life be effected by MUC police became a victim again once Mr. Pan try to rebuild up his new life, quit welfare, and back in business since MUC police wrongly involved with Mr. Pan’s SAJE project Opium Thai & Oriental Cuisine Institution at 5193 Blvd. Decarie (today it became a Japanese restaurant):

May 31st 2001, Mr. Pan signed new lease with Bank of Montreal representative Celico Immobilier with five years lease and five years option renewal, which Mr. Pan paid $6,000 as a favor since the owner of former restaurant Canton Inn has five months rent payment behind. But since Celico brought bank self in legal trouble with Canton Inn by the fact Celico didn’t sign a lease cancellation with Canton Inn, which create a big room for Canton Inn playing with.

June 18th 2001, Mr. Pan called MUC police to stop the disturbance from Canton Inn, when the Police team learned the fact; they warn Canton Inn that if they come into 5193 again, Police will arrest them. But when Canton Inn tricked with MUC police by the fact of they avoided the same team when it switched to night shift that they called Police with their invalid lease.

The new police team didn’t investigate the fact, even Mr. Pan brought his new lease showed to them to prove the lease Canton Inn provide is invalid; since the police team came was the knowledge-less young team, and they just simply forced Mr. Pan and his construction workers out of his own premise even not allow Mr. Pan bring out anything, which also included the container of Thai goods.

August 2001, since the mess created by Celico Immobilier, Bank of Montreal self involved. Once the bank discovered the bank self in deep trouble with the mess, the bank brought their best law firm in to play with both parties—Canton Inn and Opium Thai. By then Mr. Pan have to pass through all the legal process again with extra expenses.

With malpractice by Mr. Pan’s new lawyer Jacob L. Rothman, the case against Bank of Montreal became unsuitable since Mr. Pan’s lawyer even didn’t put Mr. Pan’s name with the motion he filed at superior court ((500-17-020905-041). October 2004, Bank of Montreal easily convinced court rejected the lawsuit and the appeal as well.

By then, Mr. Pan lost everything especially the project never able to active, which the last place for Mr. Pan possibly get compensation was with Quebec Bar insurance, it never respond. Since then, Quebec Ombudsman Me France Fudon-Szigeti request Chinese Family Service of Greater Montreal to support him since she failed to let Mr. Pan to get compensation even with IVAC (as a mediator Me Hudon follow up Mr. Pan’s case since 1998 up to today. Tel.: [phone]).

May 2nd 2003, Chinese Family Service of Greater Montreal addressed a support letter to Mr. Pan by the director Me May Chiu; June 2nd 2003, Action Autonomie support letter addressed to Mr. Pan by the Defense of rights counselor Mr. Kevin Boire; June 6th 2003 Me Hudon responded Mr. Pan’s statement to support him mentally and emotionally—web page for support letter (http://www.sinoquebec.com/bbs/showthread.php?t=156601).

Mr. Pan’s statement of [Give Me Justice and My Life Back! To Our Canadian Society and Politicians] (http://www.sinoquebec.com/bbs/showthread.php?t=87429)

Crown prosecutor department said to Mr. Pan, “You are a good citizen. Believe that, no one happy with your case. But this is fact according reality. Mr. Pan, wake up, your restaurant is gone. Try to accept it and move on with your life.” Is that simple? The criminal never get punished, Mr. Pan and his family whole life is destroyed; but MUC Police and Crown prosecutor department number of people involved with, did anything effected with their lives?

By the fact, they are still taken same salaries, drinking coffees and reading newspapers, taken vacations with their own families or their lovers enjoy with their wonderful moments, which they might even not emotionally feel sorry for what they done for their own citizens… By then, where is justice!