To: The Fix who wrote (228 ) 10/13/1998 8:08:00 PM From: Mr Metals Read Replies (1) | Respond to of 405
A GUMBY DEAL???LOL. Clay-Tech Industries Inc - Mitton loses bid to dismiss Golden lawyer Clay-Tech Industries Inc CLY Shares issued 7,810,000 1997-01-30 close $0.53 Friday Aug 28 1998 by Brent Mudry Controversial financier Michael Mitton has lost a bid to dismiss Golden Capital Securities' law firm in the Vancouver brokerage's $800,000 suit against Mr Mitton and his Abbotsford stock trading associates. In a judgment released Thursday in the Supreme Court of British Columbia, Justice Robert Edwards dismissed Mr Mitton's attempt to remove Swinton & Company, which briefly appeared for him six years ago in an unrelated stock market fraud case. Mr Mitton hoped to remove Swinton from the Golden suit, which was filed in July, 1996. In its suit, Golden claims Mr Mitton used the simple alias of "Michael Matt" to buy $17.5-million in bonds as part of an elaborate stock trading scheme that left the small Vancouver brokerage with an $800,000 debt. The Golden case is believed to have involved seven Vancouver brokerage firms and trading in shares of Hillestad Pharmaceuticals and Clay-Tech Industries. Several months later, Standard Bank of Stockbrockers (Isle of Man) filed a $2.1-million suit over the same affair, naming Mr Mitton and his Abbotsford associates. Mr Mitton and lawyer Oliver Barry Holmes led the controversial stock trading ring, based in the bible-belt suburb of Vancouver. A year later, in September, 1997, the ring's alleged flurry of trading in H & R Enterprises, a U.S. bulletin board promotion, caused Saperston Financial, a small brokerage house in upstate New York, to collapse under a $9-million (U.S.) unpaid debit. Fidelity Investments clearing subsidiary National Financial Services was left holding the bag, and probes were launched by the SEC, RCMP, British Columbia Securities Commission and others. In the latest court round, Mr Mitton noted that Golden's law firm, Swinton & Company, was in conflict of interest because its lawyers Don Sorochan and Brent MacLean briefly appeared for him in another Vancouver stock market civil fraud trial, Ashburton Oil v. Frederick Sharpe et al. Mr Mitton defended himself in the Ashburton suit, but Mr Sharpe's insurer retained Swinton to act for Mr Mitton in an ill-fated bid for damage control. The insurer tried unsuccessfully to assert a claim that solicitor-client privilege protected some communications between Mr Mitton and Mr Sharpe. In an affidavit, Mr Sorochan deposed he never discussed "matters touching upon the trading of securities." In his own affidavit, Mr MacLean asserts he had no conversions, confidential or otherwise, with Mr Mitton dealing with securities trading, "including short sales, short kiting or purchasing securities without the intention or ability to repay." (c) Copyright 1998 Canjex Publishing Ltd. canada-stockwatch.com MM