December 28, 2010 - Judge gives reasons for Vic De Zen judgmentJulia Johnson, Financial Post  The presiding judge in the prosecution of Vic De Zen and his associates released the reasons for his finding of not guilty of two counts of fraud Dec. 24, officially ending the decade-long saga of the investigation into Royal Group Technologies Ltd. Mr. De Zen and some of his associates were charged with fraud over $5,000 in July 2008 for allegedly "flipping" real-estate in Vaughan, Ont., after he purchased land for roughly $20.5-million and sold it two and a half months later to Royal Group for $27-million. The second fraud charge alleged five of the six defendants acquired $2-million by hiding a warrant received through the sale of a company subsidiary. Mr. De Zen was the founder, president and chief executive of Royal Group, but was dismissed from the company amidst the fraud investigation. The trial lasted 52 days in the spring and fall of 2010 and Justice Richard Blouin released an oral judgment of not guilty Dec. 10, shortly after the trial wrapped up. In his reasons for judgment, Judge Blouin said Mr. De Zen's purchase of the West Vaughan property and subsequent resale to Royal Group were not fraud. "I conclude that evidence suggests that De Zen did not dishonestly deprive RGTL of the opportunity to acquire the land less expensively, and that he honestly believed RGTL paid a fair price for the land." The initial price was low because of the real estate market and Mr. De Zen added legitimate value to the property before selling it at what he thought to be fair market value, Judge Blouin wrote. The Crown had presented evidence to suggest Mr. De Zen sold the property at an inflated price by providing future values of the increasingly expensive property. But Judge Blouin found that the "court cannot extrapolate in reverse" in determining if Mr. De Zen's sale price was inflated. The Crown also presented what it thought to be the actual market price of the land referencing private negotiations by independent parties, but Judge Blouin found they were not a sufficient indicator of market price, as they were not publicly available. Judge Blouin also said it was feasible that Mr. De Zen actually sold the property at a devalued price -- at the expense of his private partners -- in order to benefit the company. The second fraud charge alleged the defendants concealed a warrant issued by Premdor Inc. by disguising it as bonuses. But Judge Blouin highlighted that evidence proved that employees and auditors knew of the warrant and were not instructed to hide transactions. "I conclude the important factor to be that the Board and the public were made aware of the monetary amount of RGTL property that was allocated to executive management as bonuses," he wrote.
December 26, 2010 - Royal Group executives didn’t try to hide deals, judge rules Tony Van Alphen Business Reporter Entrepreneur Vic De Zen and five other executives of former manufacturing giant Royal Group Technologies didn’t try to hide two transactions involving the company that resulted in millions of dollars in personal gains for them several years ago, a judge has concluded. In explaining his reasons for acquitting De Zen and five other Royal Group executives of fraud, Judge Richard Blouin said in a written decision late Christmas Eve that evidence at their trial showed no attempt to conceal a land deal involving the Vaughan-based company in which they made a profit. Five of them also didn’t prevent disclosure of a warrant for shares from a subsidiary’s sale that turned into bonuses for them, according to the judge. “. . . I am unable to conclude the defendants committed any dishonest acts, were deceitful or employed any fraudulent means to deprive, or put at risk of deprivation, the company,” Blouin wrote in his 49-page judgment. “I also conclude the defendants did not intend to conceal either transaction . . . ” Earlier this month, Blouin acquitted De Zen, who founded and built Royal Group into an international powerhouse manufacturing plastic construction materials, and the other executives of fraud moments after hearing final submissions in the high-profile, 52-day trial. “It would be a travesty” for the defendants to wait another day to hear a decision, he told the court at that time. Federal prosecutors have not decided if they will appeal the court’s acquittals. The decision is a major setback for the RCMP’s special Integrated Market Enforcement Team, which was set up several years ago to combat white-collar crime in Canada. In 2008, the RCMP charged De Zen, president Doug Dunsmuir and former chief financial officers Ron Goegan and Gary Brown with fraud after a numbered company closely tied to them bought a parcel of land in Vaughan for $20.5 million and then flipped it on the same day for $27.4 million to Royal Group. The force also charged De Zen, Dunsmuir, Goegan, former vice-president Luciano (Lu) Galasso and accounting director Gordon Brocklehurst after they gained more than $2 million in bonuses from warrants in the sale of a Royal subsidiary to Premdor Inc., which is now Masonite. Royal dismissed De Zen as chairman; he eventually sold his shares and started another company. U.S.-based Georgia Gulf Corp. bought Royal Group for $1.7 billion in 2006. The Crown argued evidence showed the defendants were in conflicts of interest, wrote “their own cheque” and put personal interests ahead of the firm in making a tidy profit on the land deal. In the transaction involving warrants, prosecutor Damien Frost said the proceeds from the share warrants should have gone directly to Royal Group instead of the executives. In both deals, there was inadequate disclosure and a deliberate attempt to “disguise” them from independent directors and shareholders, he said. But in his written reasons, Blouin said there was much evidence showing no attempts to withhold information about the land deal from the company’s board, and that there were disclosures to directors, analysts and auditors as well as details in the books of both sides. “The red flag that initially brought the transaction to the attention of the authorities was, in my view, buried by overwhelming evidence of disclosure,” Blouin wrote. Furthermore, the judge said, evidence suggested De Zen’s partners in the land deal could conclude he sold it at a deflated price to Royal, thereby benefiting the company at their expense. The Crown’s evidence of misappropriating the Premdor warrant, hiding its existence and then disguising it as bonuses to the executives is “even less compelling,” the judge added. He said documents from Royal Group and its auditors showed the company owned the warrant for shares and the capital gain from its exercise and sale was included in bonuses to executive management. “I conclude the important factor to be that the board and the public were made aware of the monetary amount of (Royal Group) property that was allocated to executive management as bonuses,” Blouin said. The judge noted it made no sense that De Zen would personally defraud his own company of $700,000 through the proceeds from the warrants a year after not accepting $1.2 million in bonus compensation from Royal Group. In his conclusion, Blouin said the Crown was unable to prove that the defendants committed an illegal act with a guilty mind “even on a balance of probabilities, much less the criminal standard of beyond a reasonable doubt, which I must employ.” Regarding the trial, the judge said none of the 21 Crown witnesses showed a bias in their testimony except former interim president and chief executive James Sardo, who was not a company employee when the transactions occurred. “(Sardo’s) bias was obvious and he took every opportunity to voice it,” Blouin said.
June 18, 2010 - Virtual Charity Race!Join us on Sunday August 15th, 2010 - Virtual Charity Race Out of this world fun!  Join the race where Avatars “compete” in the virtual world raising money to help adults and children. Click here to download the registration form. Why the virtual race? We are excited to provide you with a unique opportunity to be involved in the first ever not-for-profit fund-raising virtual charity race in Canada! While we are unable to host our annual Family Walk and Run along Zenway Blvd. this year due to traffic closure restrictions, the virtual race provides an innovative alternative until we return next year at a new location! What is a virtual race? Inspired by the hit movie Avatar, Meta Foundation has created this unique event that will take place in a virtual world (on your computer). You will view Avatars “competing” in a race to raise money for Meta Centre that provides multi-faceted services to adults and children with special needs. How do you participate? Please visit the Meta Foundation website. When you get to the site you will view a welcome message from the Eddie Shack Avatar, representing the long time hockey personality and supporter of the Meta Foundation. You will then be invited to select one of the eight Avatars. By selecting your favourite Avatar, you are guessing which one will win. All of the participants who selected the winning Avatar will be entered into a prize draw to win one of twenty great prizes. Make sure you tell all your friends, co-workers and family; it’s only $25.00 ($20.00 if you register before July 15th) for a chance to win big and help adults and children with special needs. Cheer on your Avatar at www.metafoundation.ca