In September 2008, April D. Andres paid $10,000 to Edward Sylvan to purchase 20,000 shares in Sycamore. Despite the payment, Edward Sylvan never provided a share certificate to the Plaintiff.
Between March 2009 and August 2010, April Andres advanced further loans to Edward Sylvan. Mr. Sylvan agreed to pay interest of 19% on these loans.
On December 27, 2010, Sylvan admitted that he owed at least $29,016.32 to the Plaintiff and that all outstanding monies (the "Loan Amount") would be paid by January 1, 2011. He also promised to pay in full any legal costs incurred by the Plaintiff in collecting the Loan Amount.
Edward Sylvan did not pay anything to Mrs. Andres. On September 21, 2011, Mrs. Andres obtained a judgement against Edward Sylvan for the loan amount plus interest of 19%. The Court also ordered that Sylvan
return the $10,000 payment and awarded special costs which have yet not been assessed.
In November 2011, Ed Sylvan promised to pay $1,500 per month to satisfy the Judgement. Only $1,000 was paid to Mrs. Andres under that agreement.
On May 23, 2015, the Plaintiff, Sylvan, and Sycamore entered into the
Settlement Agreement, the principal term of which was that $80,000 would be paid by Sylvan and Sycamore to the Plaintiff in 21 days to satisfy the Judgment and all interest and legal costs to date. The Settlement Agreement was later amended in that Sylvan and Sycamore would pay a total of $85,000 to the Plaintiff.
Between October 1 and November 19, 2015, the Plaintiff received
$12,000 from Sylvan pursuant to the Settlement Agreement. The rest remains outstanding and due and owing.
The distribution business of Sycamore is a scam. There are no distribution agreements or revenue, or the agreements outlined above are wildly exaggerated in terms of their value. The purpose of Sycamore is attracting investment funds and to manipulate Sycamore's stock on the OTC Pink marketplace for the benefit of Sylvan and the other defendants.
Sylvan uses monies paid to Sycamore by its investors as his own and to distribute it to the other defendants. He draws a salary of $250,000 per annum from Sycamore and claims it against Sycamore as a loan. Only $30,000 is actually booked to Sycamore. To date he and his brother Terry Sylvan claim to be owed at least $2.5 million by Sycamore.
The defendants have repeatedly engaged and conspired to engage in the following transfers of money (the "Transfers") with the intention to defeat, delay or hinder recovery to the Plaintiff of amounts due and owing:
(a) Transferring funds from Sylvan to the defendants in the form of gifts, rent, or claimed living expenses when no proper amounts were due and owing by Sylvan;
(b) Transferring funds between Sycamore and the defendants in the form of consulting fees, shares, or salary when no proper amounts were due and owing by Sycamore;
(c) Transferring funds from Sylvan or Sycamore to the other defendants to pay other miscellaneous expenses, including servicing loans, without any or in the alternative sufficient consideration; and
(d) Transferring funds from Sylvan or Sycamore in payment of amounts owing to the other defendants in preference to the amount owing to the plaintiff.
At the times each of the Transfers was made, each of Sylvan and Sycamore were in insolvent circumstances or knew he or it was on the eve of insolvency.