Courts Still Trying to Get Guardian's Tanner Back to Canada
Active in business with Commercial Money Center of Las Vegas,
Nevada, as a principal of Guardian Financial, Blaine Tanner quest for reinstatement of a pardon reportedly continues.
It involves a pardon issued to him by the Canadian government
for fraud, assault, including breaking and entry. . The Canadian
government revoked that pardon in August 2000 because Mr. Tanner
failed to disclose on his pardon application a 1993 conviction
for tax evasion, according to court records.
Reportedly a ruling has not been issued to date.
"Although I was aware that I had been convicted on Sept.
24, 1993, and sentenced on March 1, 1994, under the Income Tax
Act, I did not understand that to be a criminal conviction for
which a pardon applied, “ he stated in an affidavit as part of
his appear."
He is a resident of the United States and married to a U.S.
citizen, well known
defense attorney Ellen Simon. The outcome of the appeal in
Canada could determine whether Mr. Tanner is allowed to remain
in this country.
Guardian Capital, in which he is a major principal, is allegedly
in default on about $39.5 million in loans issued by First Merit
Bank, Sky Bank, Second National Bank of Warren, Provident Bank,
Bank One and Huntington National Bank, according to 10 judgments
filed in 2002.
Guardian Financial
Group LLC and principal shareholder Blaine Tanner are reportedly in court battles involving both lenders, two
insurance companies and another company that invests in those
leases. Several of these leases are reportedly also
involved with Commercial Money Center and its legal disputes
in bankruptcy and other courts, including investigations
by the FBI.
CMC leases went to companies or individuals with poor credit
who were willing to pay high interest rates. According to the
news report, the company pooled the leases and sold the income
stream to investors, typically banks and other financial institutions,
then bought insurance policies or surety bonds to pay investors
if lessees didn't make payments.
In the final months, it is reported CMC was funding leases
that were expected
to fail. Former employees
have been cooperating with attorneys for the insurance
companies, we are told.
Investors and insurance companies now dispute responsibility
for the unpaid leases in the CMC matter, who’s parent corporations
have all filed Chapter 7. The insurers question the legitimacy
of the leases, saying they were set up with shell companies or
individuals whose signatures were forged. The insurance and bonding
companies are just trying to get out of paying claims on the defaulted
leases. Netbank has a $80 million claim and several banks have over another
$80 billion claim, and it is expected it could go to $250
million. Provisions
of the bond refer to fraud and technical deception are also
in the counter claims.
It is reported the FBI is investigating the matter, especially
regarding claims
for leases where equipment never existed and/or lessees never
existed. Several
officers of the various corporations in bankruptcy are back
in the equipment leasing business. It is not an uncommon practice
in the leasing industry.
Leasing associations also accept them as members. They state to Leasing
News it would be a “restraint of trade” not to accept them.
In the Guardian Financial matter, Court documents filed in
Cleveland, Ohio note that Guardian has acknowledged it defaulted
on the $10.5 million balance of a loan from Sky Bank of Toledo.
It is also reported that its subsidiary, Guardian Capital V LLC,
also defaulted on the $3.6 million balance of a loan from Second
National Bank of Warren. Reportedly a second subsidiary, Guardian
Capital XVIII LLC, defaulted on a Sky Bank loan with a $4.8 million
balance.
.
Illinois Union Insurance Co. of Philadelphia and RLI Insurance
Corp. of Peoria, Ill., insured Guardian’s investments in the equipment
leases, it is alleged in the lawsuit filed by Sky Bank and Second
National.
None of the parties were available for a comment.
It is noted that Blaine Turner, was convicted on fraud charges
in his native Canada in 1975 and has another conviction for evading
more than $360,000 in income tax in 1994. A Canadian court also
ordered him in the year 2000 to pay $740,000 in back child support
owed to a former wife; however, he claims he is no longer
a resident of Canada..