HomeNews“Garden variety bully” Durkin found responsible, directly held liable for $4M    

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“Garden variety bully” Durkin found responsible, directly held liable for $4M — 19 Comments

  1. When holding on to the toxic combination of self-loathing and self-aggrandizing that powers a con / fraudster as Tim Durkin, it’s a sickness too large to hide.

    Tim Durkin’s son, Sean Durkin, a filmmaker did a film “The Nest” now showing at Capitol 6 in Victoria. It’s a sad and critical depiction of his father’s (Tim Durkin) sociopathy, ineptness, narcissism, absence of character and the family disintegration.

  2. It has been well said that……. “sooner or later, we all sit down to a banquet of consequences”

  3. I hope that BC law enforcements lax attitude in prosecuting white collar crime changes. The fraudsters, Tim Durkin, Rodger Gregory and bookkeeper Robin Parker should face criminal prosecution.
    The judgement details are stunning and prompt a major question. Why didn’t the owners Phillips take legal action six years ago when the buyer didn’t
    provide $100,000 at signing of the purchase agreement? The conduct of Durkin and associates from the start shouted that he was a fraud.
    The owners were negligent and complicit in this sad drama. They victimized themselves with their inaction and stupidity since 2014.
    Hopefully law enforcement will step up ?.

    • Hi Marc,

      Thank you for your comment. The details in the ruling are stunning, and I encourage everyone in Sooke who hasn’t read it to do so. This was happening in our community, and yes, the local RCMP knew (various attempts were made to lay criminal charges) and no action was ever taken. Clearly, the judgement details many illegal activities including the siphoning of over $123,000 from Inc. (where the funds were legally required to go) to a Management account (under Durkin’s control). If that’s not theft over $5K I don’t know what is.

      But, to answer your other point (that the owners were negligent and complicit), during the trial the Judge delved into the same line of inquiry. The Philips made the point that they had been dealing with multiple personal tragedies (the death of their daughter) and challenges (the lingering financial impact of the crash of 2008). Durkin rode in like a knight in shining armour and promised relief. Then, he kept them suspended in state that hovered over the chasm that lives between despair and hope. Durkin was a manipulator who knows no bounds. As per Basran’s ruling, Durkin vilely attacked not just former employee Ms. Saunders but also went after her husband with heinous charges and after her child. Durkin was able to convince a court to place an injunction on the Philips based purely on lies. The shitshow that followed on social media saw much of the former staff lashing out at the Philips, based largely on the lies spun by Durkin.

      Blaming the victims in this (and most other cases) is misguided. The Philips are not stupid. They are not perfect (who is?), but they are not stupid. Ultimately, they built a magnificent business that helped put Sooke on the international tourism map. And, when Durkin arrived on the scene they were tired, broken and vulnerable. And the extreme and malicious manipulation employed by Durkin (as is clearly documented time and time again in Basran’s ruling) was a barrage on a particularly vulnerable couple.

      I’ve been following this story for years. I attended much of the trial. And I myself have felt the intense fear that this man is so capable of delivering.

      I appreciate your sentiment, that something could have been done before things had gotten this bad. Rather than blaming the Philips, I believe we need to look at the justice and criminal systems in which swindlers like Durkin smoothly operate while stealing and destroying lives. Attempts were made to report the many crimes that were unfolding to the local RCMP. They were shut down, told it was a civil, not a criminal matter. Attempts were made to clear up a builder’s lien at the District, wrongly placed by Durkin on the property. Attempts were made to garner support. At almost every turn, though, the Philips were villainized. Even Durkin’s preposterous claims that he was the “owner” of the facility appeared in print (in SPN in 2017 after the injunction, and the Philips quickly corrected this) and in the Times Colonist as recently as last month. The web of lies was so sticky, blaming the victim is not the way to go.

      Britt / SPN

  4. Thank you for your response. I concur that our BC law enforcement is lax and seems to exist as a pension program for staff, first and foremost.
    This criminal and his enablers should be prosecuted.
    Reading the judgement suggests that the Court may refer the conduct for criminal prosecution. There are grounds for doing so
    The BC Securities Commissiin should also be investigating and prosecuting.
    As for the owners, while I sympathize with their victimization, the timeline and conduct of the Fraudster and his marks was a cooperative effort.
    It was glaringly obvious that they were being defrauded and they did not act for close to six years.
    No excuses.
    It seems to be outright neglect and ignorance of the glaring fact they were being defrauded daily.
    There appears to have been little or no action to correct the course of events.

    • Just above, Britt details many ways in which the owners tried to fight against Durkin’s actions — such as attempting to report the numerous crimes to the RCMP.

      Especially given that clear explanation — Re “glaringly obvious” and “No excuses”, I find your investment in blaming them to be bizarre, callous and, to say the least, unsavoury.

      • Michael, Yes, Durkin the Con and his cast of crooks is the bigger factor in the story BUT the timeline and details depicted in the judgement begs the question clearly:
        – Why does it takes 6 years from the first Durkin breach (no money paid at signing of agreement in late 2014) to remove the con in late 2020.

        There were grounds for termination of agreement and removal from Day 1.
        The laxity, inattention and negligence of the owners and their counsel, or lack of counsel, is obvious.
        A prominent local businessman told me the Owners had “burned their bridges” which may have been a factor in sticking with the con man.
        The fact remains, there were grounds to dissociate from the bogus “buyer” on Day 1. The owners kept riding that donkey. Why?

        • Re your previous comments. Were you there from the beginning in 2014? Why are you laying in to the Philips when they are clearly the victims. That judgment is scathing and in my opinion there is no mistaking who the villain or villains are for want of a better expression. Yet you continue to direct unsubstantiated criticism towards the Philips. Why? Just for the record I am a Retired Police Officer from the UK and Fraud Investigator for both the corporate and insurance sector’s. What experience or knowledge do you possess? Everyone is entitled to an opinion but in this case, you are bang out of order. I concur with Britt Santowski’s previous response in its entirety and indeed that of Mr. Linehan.

        • Attacking the victims is inappropriate. Lets do a bit of fact checking.

          Public records show that Durkin and his companies have thus far lost four of four Canadian court matters.

          1. Most recently, Justice Basran thoroughly assessed actions, assertions, character and credibility. Please read paragraphs 2, 6, 7, 8 and 254. Practically every page echos evidence pointing to the same conclusions.
          https://www.bccourts.ca/jdb-txt/sc/20/14/2020BCSC1411.htm

          More than three years ago when the owners attempted to retake control an injunction order was obtained. The court was deliberately mislead by a false affidavit and false evidence (Para 245 and 258).

          2. Arguments were rejected by the Federal Court of Canada, already reported by SPN and CBC. These decisions now enable the Immigration hearing to proceed in Nov more than two years later than expected.

          3. An attempted law suit against the Philip’s lawyers failed https://www.bccourts.ca/jdb-txt/sc/20/06/2020BCSC0642.htm This was separate from a previous failed attempt to bar these lawyers from representing the Philips, which delayed them from taking actions from late 2018 until a ruling was made in June 2019.

          4. An artist had to file and win a Civil Resolution Tribunal judgment to be paid for property sold by this management team.

          And while we are checking facts, within the most recent trial, the judge identified:
          1. Owners were not responsible (para 133, 134, 144 171, 190, 199,200,208,212,214, 220, 259,293,295,309,310, 311, 318, 320,322, 323,

          2. Delay tactics were used(para 7, 8, 109, 115, 249, 250, 260,262,267) and

          3. multiple lies (Para 22, 25, 32, 34, 35, 53, 67,68, 69, 106, 110,111, 116,127,135, 138,139,143, 149,155,172,184,192,204, 215, 219,224,226, 227, 233, 234, 238, 239, 240,241, 242,243, 244,245, 246, 248,254,260,264,266,267, 272, 273,278, 282, 283, 323, 324, 325, 332 ).

    • Let’s see………(dream sequence music, please) filmmaker Sean Durkin will make a film of it starring Frederique and Sinclair playing themselves (after all, what movie stars could ever do justice to them?) for which they would (finally) be paid handsomely, including a respectable fee for Fred as her own costume designer.

  5. Congratulations and thanks to all who persevered in bringing Durkin and his co-conspirators before the courts.
    Now let’s see criminal charges of theft, perjury & falsifying documents laid against Durkin, Gregory and Parker.
    On behalf of the Sooke community, I ask that the local RCMP escort Durkin to the ferry terminal, to be handed over to US authorities. He is a known fugitive -wanted by the FBI on felony charges.
    Good riddance!

  6. Being someone who has watched what this has done to the families concerned, and have listened to comments surround the people of Sooke, my hope now is education and healing takes place. Alot of friends have been lost, alot has been said, but the community must now come together knowing the truth! From the United Kingdom, we wait to receive Mr Durkin where he will get a very warm welcome. As red a his red notice. But I feel we must wait in line. Canadian Securities and US will want him first. I mention this as given the issue identified over the lat number of years and the local constabulary failings on letting this happen in their own back yard, it is up to you the community to watch Mr Durkin and ensure that previous history of when the going gets touch, the tough get going does not occur. The last thing that anyone wants, is for Mr Durkin to disappear before the hearing on the 4th and 5th November. I would hate for him to get lost. For Mr Durkin, I have a message. Your family in Bradford, UK is waiting for you, but it’s not the family you think. HMP Leeds has a very good view waiting for you. The piper is calling! Any legal action, please apply “J R Hartley” to the name. Also to help with your facebook law suit, I have sent a copy of the court documentation to assist with your character references to the facebook legal team. As this documentation is openly available, I did not think you would mind. On a final point, I understand that the local company IAG has employed and individual who was complicit in this affair. A message to IAG who have purchased the hotel, I won’t be booking a room in 2021 and would love to visit, but I would like to make sure the monies go into the correct account. I am a bit of a stickler for that. It’s a personal thing. Take care Sooke and watch each others backs. If you don’t, no one will!

  7. Wow that is an harsh verdict
    I mean how could this terrible stuff go on for so long ? ?????
    I know our RCMP passes the Loon. But come on is anyone awake ?
    This is a case of abuse of the elderly and no one taking action
    How shameful for everyone involved.
    The last time we visited the Spit the hotel looked like trash.

  8. Disgusting treatment to a caring family that was a foundation of Tourism and Jobs in Sooke. I am extremely happy, and all of Sooke should that they have been vindicated.

  9. EPIC FAIL ON THE PART OF THE US DEPARTMENT OF JUSTICE AND THE CANADIAN DEPARTMENT OF JUSTICE.

    My husband and I both are victims of Timothy C. Durkin, along with 25 other victims in the US, the United Kingdom and Canada.

    We were part of the trial in Mobile, Alabama which resulted in three innocent men going to prison for five years. They cooperated with the FBI and told the FBI and the DOJ in the US, they were defrauded by Durkin as well and were 100% innocent. Ultimately, to be indicted, prosecuted and imprisoned by the US. One man, Steve Merry, died within weeks of being sent to prison and the other two served 48 months. All the US victims knew the FBI and DOJ had it wrong. Several testified to the jury that these men were innocent. Oh so conveniently, Mr. Durkin knew an indictment was coming down in March of 2013 and left the US and fled to Sooke, BC., to avoid prosecution. Why did he not stay and defend himself like the others. It should be noted, no plea deal was accepted by any of the three because they were not going to plead to a crime they had not committed.

    As a result because Durkin fled the country, the evidence that the DOJ had on Mr. Durkin, that would have proved the other three men’s innocence, was not part of the Discovery before trial. That evidence, if given to the innocent parties/victims to be used in their defense of their innocence, would have exonerated all of them.

    I can assure you, Mr. Durkin does know about the fraud he committed against the victims in the US. He masterminded it all and I have all the emails and documentation to prove all the broken promises, fake unsigned contracts i.e., Share Repurchase Agreements and CoInvestment Agreements issued by him to his victims as to the terms and conditions of their investment, and when and how their investment monies would be invested in his company, Westover Energy Trading Partners.

    After what initially appeared to be a legitimate investment for two years, it was communicated by Durkin that the investment fund he had created which was the purported investment the US victims invested in, that their money would be returned because the fund was being sold to a “qualified corporate entity”. They were told once the due diligence was complete between Westover and the undisclosed corporate entity, estimated to be two months from when they received the communication that Westover was sold, they would be receiving their investment with profits.

    Unfortunately, like the Philips, the investors were met with lies and delays for over and year and a half when he again, did not fulfill his Contractual Agreements and pay back over the $2.8 million of their initial investment.

    I have been investigating Durkin since this injustice occurred for all the victims of the US trying to obtain justice for all. In my investigation, I located Mr. Timothy Durkin in September of 2016 and reported him to a Constable with the RCMP in Victoria, BC and the FBI in Mobile, Alabama who investigated this crime. The Constable with the RCMP obtained a copy of the Red Notice, which is should be noted was issued 4 months post trial by the US authorities. It was stated during the trial in Mobile, Alabama that the Red Notice was already issued and the US was in the process of extraditing Mr. Durkin at that time for criminal prosecution. A total lie!

    The Canadian Border Services were notified by the RCMP and the deportation initiated by the Canadian authorities. Thank you Constable in Victoria, BC for doing your job.

    I personally flew from the US to Victoria and attended the deportation hearing of Mr. Durkin in January of 2019, whereby Durkin was not present. Durkin’s legal counsel at that time, one of many he’s hired and fired, argued for a dismissal of the deportation. The Judge asked the Canadian Border Services counsel on numerous occasions, “why is the US not invoking it’s Red Notice, we could have this guy out of the country in days”. The response by the Canadian Border Services representatives was “we can’t speak to an ongoing investigation”.

    I can tell you personally, I loathe this man and want justice for all the victims in the US and Canada. I had never met Durkin personally, and at the time of his crime, not one of the victim in the US even knew that he looked like. He’s been very good at keeping facial identity secret. It’s know to all Mr. Durkin never liked his picture taken and would go into a rage if hew knew a picture was take of him. Until I came on the scene and found him in Sooke, BC. Since that time I have vehemently been working to expose him and have him arrested along with others, but obviously not one agency within Canada or the US acted soon enough.

    Since I was in Sooke, BC for the trial, I wanted to meet Durkin and confront him personally on what he did to the victims in the US. Below, is the actual sequence of events that happened the day I visited the Sooke Harbour House.

    1/18/19 – ENCOUNTER WITH TIMOTHY C DURKIN AT THE SOOKE HARBOUR HOUSE

    Upon entering the front desk area at the hotel, Mr. Durkin was standing by the desk with his coat on. He said “hello” to me, very politely, of which I replied “hello” as well. I said to Mr. Durkin and the front desk clerk “what a lovely hotel this is and that I was in the area checking out real estate and thought I would come by and visit the hotel because I had heard so many things about it’s charm”. Mr. Durkin explained that it was very charming and that is was also for sale for $10M dollars. I asked him if he was the owner and he said yes. I kind of chuckled and said to Mr. Durkin, “I’m more interested in the painting above the fireplace”. Mr. Durkin explained that it too was for sale and that there was a small tag in the lower right-hand corner of the painting that provided for the price of the painting.

    After he and I briefly talked about the painting and the hotel a bit more, “I said you know I’m actually more interested in the hotel now that you mention it’s for sale. I asked him if we could talk in private more about the hotel. He very politely said “sure”. There was one other individual standing there at the front desk as he and I were speaking, she was female with long brown hair.

    After he acknowledged that we could talk in private, I walked into the front office area where I had seen him standing when I walked in the front door of the hotel, because I assumed this was his office and we would talk in private in there. I made a comment that we could talk in here as I walked back into the office. He followed me and said no let’s go out here in the foyer area of the hotel where there were two benches. I said “”oh ok fine”. I sat down on one of the benches and Mr. Durkin stood above me with his coat still on and did not sit down.

    After I sat down on the bench, I ask Mr. Durkin, “so tell me about the hotel”. Mr. Durkin explained his plans to build a spa and he points to the northwest corner of the property and goes into some detail about the amenities the spa will have and that it will be world class. He also goes onto explain that he will be building high rise condominiums and that there would be a revenue stream from the condos to the hotel for use of it’s services. I told him “that sounds like a great business model to garner additional revenue to the hotel”. Mr. Durkin asked me during the latter part of our conversation, “where I was from” and I said “the Toronto area”. He laughed and said “the Toronto area”. Then he asked me what I did for a living and I said I’m a financial analyst for a defense contractor. He makes the comment “we have a defense here”. I said of course we do. At this point, there is a break in the conversation and I said to Mr. Durkin “Let’s cut to the chase Tim…. I was in courtroom 702 yesterday at the Federal Courthouse in Vancouver and you weren’t there”. He immediately looks at me and says “who are you” and I said “Oh you know who I am”. He says “Oh it’s you” and I said “yes it’s me”. At no point did I ever tell him my name. I said to him “Do you know “Name will not be mentioned in this post”, and he looks at me, in my opinion, with the worst acting job ever and says, “WHO”. At this point, he, Mr. Durkin, starts walking away from me and says, “you need to leave now”, I said to him do you know Steve Merry, and he keeps walking away and says he’s going to call security. I said I can’t leave I haven’t paid my bill yet, and with his back to me, and again saying, “you need to leave”, I said “I can’t leave I need to pay my bill, I wouldn’t want to steal from anyone”!!!

    The sequence of events the followed after his running away from me like a dog with his tail between his legs down to the basement of the hotel were quite disturbing. Let me set the stage for my demeanor….I did not once yell, threaten Mr. Durkin, threaten any patron or employee. No one in that hotel knew there was anything going on between Durkin and myself other than we were talking. I strictly introduced myself to Mr. Durkin and asked him about the sale of the hotel which ultimately lead to me asking him about his fraud in the US. I admit I had a plan in my mind how I was going to do set this conversation up with Mr. Durkin to implicate him. It played out but I was honestly quite shocked he didn’t verbally lash out and threaten me like he does anyone who confronts him.

    As a result of this discussion, he asked the hotel security officer on duty to have me removed from the hotel. I informed the security officer I would not be leaving and that I was patron of the hotel and I haven’t done anything morally wrong to be asked to leave the hotel. The officer was young and knew that he wasn’t going to INITIMIDATE A 61 YEAR OLD WOMAN. Needless to say, his attempt to have me leave did not work.

    Since that didn’t work for Durkin, who is still hiding in the basement, he called the RCMP and 6 police officers showed up at the hotel to have me removed. I stated to them again that I had done nothing wrong and was a Patron of the hotel strictly visiting. He said the “owner” of the hotel does not want you here. I told them Mr. Durkin? They didn’t not respond. I said Mr. Durkin is NOT the owner of the hotel. The Officers asked for my ID, which I provided upon request. While they were looking at my identification, I asked them “do any of you know what a Red Notice is from another country”. Every one of them acknowledged they did not. I told them this man has a warrant for his arrest in the US for fraud and is a wanted criminal. One of the Officers, at that point seemed to be have knowledge of the information I provided to him, and dismissed it as trivial.

    The Officer in charge told me, that in Canada the laws are different than the US and the proprietor can ask you to be removed from his property for any reason. I replied “even though I’ve done nothing to threaten anyone and was here visiting the restaurant”. Again, I was asked to leave. I acknowledged I would leave, but I did not have a ride, and that my chauffer was on his way to get me. Once my chauffer arrived, I left the property.

    In summary, Mr. Durkin is a coward and bullies and intimidates, lacks credibility, his a habitual liar and master manipulator. He’s preys on the vulnerable, weak and the elderly. I’ve thousands of emails from him in writing and have read what he have read how he skillfully works to the end goal of scaring people into submission to get what he wants. Knows this about him I found it amazing that he absolutely didn’t try to bully me that day. WHY? He ran like a COWARD! It should also be noted Mr. Durkin has never once threatened to sue me for “slander” or “torturous interference” (this is a favorite he likes to threaten people with). I beg Mr. Durkin, (who I’m sure will read this comment), to please sue me and come to the US to pursue your lawsuit. I

    There are several things that should be noted by residents of British Columbia and Sooke since this incident occurred. After returning to the US, I reached out and spoke personally to Mr. Rodger Gregory and Ms. Robin Parker in early 2019 and warned them both of them of Mr. Durkin that he is a fraud and wanted in the U..S and that they should run from this man as fast as they could. because he will take them down with him. I explained to both of them that they would be complicit in aiding and abetting in his fraudulent activities and could be arrested once the RCMP finishes their investigation of him.

    I have met and worked with Fred and Sinclair and these poor people were in the same situation as all the victims in the U.S. This crime would have never happened if the United States Department of Justice had done their job and invoked the Red Notice upon my informing them of his whereabouts in Sooke, BC. They were provided his home address, the hotel address and given a summary of what he was doing to victims in Canada.

    In my opinion, anyone in Canada who’s been defrauded by this man needs to file a “Civil Lawsuit” against the US Department of Justice and the Canadian Department of Justice for aiding and abetting Durkin by their intentionally ignoring the known activities of this criminal.

    I’m thankful Judge Basran finally saw this individual for who he really is and I pray that by his order that the Department of Justice in the United States and the Canadian authorities, the RCMP and the Securities and Exchange Commission in Canada, file criminal charges and imprison him and his coconspirators, Rodger Gregory and Robin Parker, before he’s deported to the UK to face like charges there. Then, justice will be truly served in Canada for the Philips, and all others that’s he’s stolen money from that were not identified in the order by Judge Basran. I can assure you, this information has been provided to me by a credible, anonymous resource within the Canadian agencies, and that Mr. Durkin has stolen a significant amount of money from others.

    I pray the authorities in Canada are running surveillance on Durkin right now and he’s not able to run to the outback’s of Canada to once again commit another egregious fraud to more victims.

    THE FRAUD HAS GOT TO STOP AND THE US AND CANADIAN AUTHORITIES NEED TO DO THEIR JOB!!!! – ULTIMATELY, THIS IS THE REAL CRIME! THIS WOULD HAVE NEVER HAPPENED.