Thursday, August 21, 2014 11:44:36 PM
"Enrichment Chua submits that he was not personally enriched. He testified that all of the investors’ funds were used to pay legitimate expenses of Oriens. According to Chua, Oriens used most of the investors’ funds to pay the following: ? US$10,000 to Chua and his wife to reimburse them for Oriens’ business expenses paid by them, ? US$10,000 to Chua’s father to partially repay his loan to Oriens, ? US$12,000 to a related company for the Richmond office rent and other company expenses, and ? US$18,700 on Richmond and Costa Rica office expenses. Chua submitted into evidence bank print-outs and statements showing deposits and withdrawals of the investors’ money from Oriens’ bank account. Those records show the transaction date and amount of each deposit and withdrawal, but do not show who received the withdrawn funds and for what purposes. The only evidence we have on the recipients and the use of the investors’ funds came from Chua’s affidavit and testimony, supported by copies of cheque stubs for those withdrawals that were made by cheques. The payees’ names and in some cases, a brief description of the payment, were hand-written on these stubs. Two discrepancies cast doubt about the reliability of the cheque stubs: 1. One cheque stub shows a payment of US$3,500 to Anderson. Anderson denied being paid US$3,500. He submitted his own bank statements which do not show any deposit in that amount near the time that the $3,500 cheque cleared the Oriens bank account. 2. Chua testified (and the Oriens bank account print-out indicates) that US$5,000 was drawn on the account using cheque #751. Chua said this payment covered....."
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