fraud and fidiciary dutyhttps://legal-dictionary.thefreedictionary.com/fraud
Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
I have called DEON and the Board of Directors criminals. While they have not been convicted in a court of this, in my opinion they have committed this crime.
1- the statements leading up to the decision to sell the assets of FIU were false. The statements about the necessity to sell the assets are false.
2- The above statements made as CEO were made with full knowlede of the truth which is yet to be discovered. The most recent statement "No other credible offer has been received since the announcement of the two transactions. " is plainly false.
3- The intention of DEON and the BOARD has been to mislead common shareholders so as to ensure other interests (AGA, Gold One, Debenture holders, Note olders, Franco Nevada, and likely others) receive full value by purposefully minimizing the value shareholder receive. The less shareholders receive, the more AGA and Gold One get.
4- I relied on past statement by DEON and the BOARD to invest in FIU shares at much higher prices before I became aware of the intention to sell the company assets are extremely low prices.
5- I have suffered significant financial loss.
https://legal-dictionary.thefreedictionary.com/fiduciary+duty
An individual in whom another has placed the utmost trust and confidence to manage and protect property or money. The relationship wherein one person has an obligation to act for another's benefit.
DEON and the Board have vilotate their fidicuary duty. I put my confidence in DEON and the BOARD, and they have acted in other's best interests.