Diners Club International & employees (some) are liars, mafia-styled debt-collectors and murderers; eBanka, a.S. Violates privacy; ISC sells unlicensed H/S wares
These companies and some of their top management and employees are murderers. They murdered my father, chief Edward Mfam Asu, Sr.
The events below will only be a summary as the case is pending with the municipal court in Prague. Read on.
Upon receipt of a CSA/Diners Club International, Czech s.R.O. (DCI') application form for DCI credit card, which complainant completed and mailed to DCI in late 2000. A card was issued with a CZK 100 000, - credit limit and a possibility of increase to an unlimited after three (3) months of good standing, that is, payment of the amount drawn.
After the expiration of the three months period, complainant requested for an increased to CZK 1 000 000, -which was approved by three (3) executives of DCI Czech, viz., Mgr. Thomas Lill Managing Director Diners Club Czech, s.R.O. And CEO Diners Club CEE Holding AG, Miloslav Boucek, Marketing and Sales Manager and Ing. Eva Krnkov MBA, Managing Director Diners Club Czech, s.R.O. Respectively. This is pursuant to DCI's Boucek testimony during the criminal trial.
DCI and complainant had a great relationship until complainant was unable to make the balance payment on purchases that he made with the card due directly to two events: 1) complainant's business partners in the U.S. And elsewhere had not paid invoics issued to them; and 2) a refusal of ISC Communication, s.R.O. (ISC) to refund the amount for the VocalTec gateway purchased by complainants through his DCI. VocalTec GmbH, Germany authenticated this VocalTec gateway as illegal because the ISC was not licensed to sell, compile, service or distribute VocalTec's products as uncovered by the police's own investigation. The prosecutor ignored this damaging report.
DCI was aware of both facts because this complainant advised DCI's Ing. Novotny, Jiri Riha and Miloslav Boucek in writing (by e-mail). Further, complainant negotiated and concluded a payment scheme with DCI's agent, Mr. Mares, which complainant could not fulfill at the long run. (See above paragraph.) During this period, DCI's Mr. Riha threatened to report complainant to the foreigners police for his inability to repay the debt, while his colleague, Boucek threatened complainant with the criminal police for the same civil debt obligation. Eventually, DCI's Eve Pokorna did file an intentional frivolous, causeless and meritless criminal complaint. This series of events were only the beginning of a nightmare.
The Procedure
Meanwhile, ISC had filed a an intentional frivolous, causeless and meritless criminal complaint for fraud: non-payment of the balance, which complainant put a stop order on when he realised that ISC did not intend to fulfill their end of the contract. ISC supplied a used VocalTec Gateway to complainant whereup on complainant asked that it be replaced but ISC refused stating that it is a brand new gateway although the takeover protocol stated clearly that it was used. ISC is registered to do business in New York, Bratislavia, Prague, Vienna, et cetera. Fortunately, upon explanation and overwhelming evidences, the investigating officers agreed with complainant that it was a civil case and had no bearing whatsoever with criminal jurisdiction. The officers threw out the case.
About six months later, the same crimes investigation department invited complainant again. When complainant arrived, the investigating officers advised him that there were new evidences and they had reopened case.interestingly, the investigating officers' superior later advised complainant that the new evidences in question were a criminal complaint by DCI and an automatic activation of the ISC case.
A trick by the officers; during the interrogation, complainant was informed that the real reason he was there was that his birth number was incorrect. Anyhow, the process had only begun. DCI's Boucek, ISC's Slegr, Tomkova, Mosinger, etc all provided false testimonies under oath following similar written testimonies. The series of straight out lies was uncovered in court a couple of years or so after.
Complainant could not travel due a ban imposed by the police. The police threatened complainant with jail time if he do not tell the truth, of course, the message was clear, accept that you did all that you have been charged with otherwise... Complainant did not know what he was doing at the station and no one has been able to explain it up-till-date.
The Police Resolution and Indictment
Within a week of the police resolution, complainant received a notification from the state prosecutor's office for Prague 1 district that she intends to prosecute the charges under the resolution. Complainant began preparing his own defense in hopes that at least he will finally confront his accusers in court and before a judge.
This hopes were shattered when on the first day of trial complainant heard the judge say the court's interests lies with the amount owed and how complainant intend to repay them contrary to the Czech Constitutional provision that no one may be deprive of liberty for a debt obligation. All objections were ignored.in any event, he resolved not to be intimidated, as complainant had researched a lot of the Czech criminal justice system after receipt of the indictment. Complainant wrote his legal and factual objections to the court ruling clearly addressing the various issues at stake, also stating that the courts' ruling would violate his constitutional and due process rights.
As a direct result of his written objections, the playing fields did eventually level between the prosecutor, and the victims (DCI and ISC) on the one hand and the accused (complainant), on the other. From this point on, complainant made certain that, none of the witness went unquestioned with documentary evidences to contradict their testimonies. The court then began to see overwhelming facts and evidentiary materials, which the police and prosecutor totally ignored.
For instance, the police own investigation turned up the fact that the ISC was not a licensed service provider for VocalTec company but ISC indeed compiled and provided the VocalTec gateway pursuant to the relevant Sections of the Czech Commercial Code on work as, though it represented VocalTec. ISC also states in its profile that it represents VocalTec company. A misrepresentation. Boucek stated under oath that eBanka provided DCI with confirmation that certain account movements in the complainants company account were unreal in violation of the Czech Constitutional provision, the Czech Civil Code, Personal Data Protection Act to name but a few.
Further, that the supposed evidences (viz. The application form and a forged eBanka account statement which was supposedly sent by facsimile) and provided by the key witnesses (Boucek and ISC's employees) were very contradictory in all respect.
In addition, the court found that these companies made a series of grave business mistakes from the outset and were attempting to cover these mistakes by making complainant the scapegoat. Boucek did accept the series of mistakes during his testimonies, namely that the rules are different now (revised) because DCI was using its parent company rules, which were inapplicable in the Czech Republic. It was also apparent from Slegr's and Puzik's testimonies that one and/or indeed both of them had to committed perjury. Concretely, Slegr stated that Puzik dealt with all complainant's issues about the used VocalTec whereas Puzik stated that he never dealt with or corresponded with the complainant despite at least 8 correspondences between complainant and the top executives of ISC/Dial, s.R.O. And complainant.
The Decision
Largely, the court could only but sit and go through this unbelievable chain of conjured up events that lead to complainant prosecution. It is obvious from the court's decision that it was a business related civil matter which the state police and prosecutor brought with gross incompetence lacking due investigation. Additionally, the witnesses' testimonies simply did not match the material evidences. Finally, the police and prosecutor's offices completely ignored most of the vital of these evidences.
Complainant was fortunate that the court saw through the shred of the companies, their employees, the police and the prosecutor's offices. Many are not so fortunate and incarcerated by the combination of events mentioned above. The court decided that not only was there no evidence of wrongdoing by the complainant in the trial but that also, there was no evidence of any implied wrongdoing by teh complainant pursuant the relevant provisions of the Czech Penal Code. This is quite unusual to include the last sentence of no implied wrong-doing' because it leaves absolutely no room for error in fact.in addition, complainant praises the court's wisdom and insights.
Devastating Epilog:
Companies such as those noted above have long had and ate their cakes because they experience no hindrances and/or oppositions in the form of civil litigation and exposure as complainant have done here. These companies continuous abuses must stop. The next front would be to get the Czech legislature to pass a law out-lawing the use of certain techniques in debt collection such as the Fair Debt Collection Act (U.S.). A civil litigation against DCI, eBanka, ISC, and their employees for serious infringements, which has and continues to cause grave damage to complainant's business, family and himself, is under way.
In addition, complainant does not count-out the possibility of filing a claim against the state for the role, which the police and prosecutor played following the criminal complaint, investigating and prosecuting the above matter.
Additionally, complainant referred the above serious intentional violations infringements to the President Unit for a review because DCI Czech is a franchise of DCI North America. Nancy B. Hand (of the Presidential Unit, Diners Club North America located at 8430 w Bryn Mawr Ave, Chicago, Il 60631-3473,) as is expected referred complainant back to the DCI's Czech franchise. The President's Unit is towing the company line. Further, Ms. Hand's advised complainant that their franchise has been unsuccessful trying to reach complainant. Ms. Hand referred complainant back to contact the DCI Czech franchise.
Pleased that both complainant's parents were alive, it brings a secondary question, namely whether the travel ban is worst as opposed to lack of funds to bring both ill parents for badly needed medial treatment or for a trip to bury his parents or to attend their funeral should the unexpected happen? Well, at least the answer to the immediate question is now obvious because these defendants have murdered complainant's father, Chief Edward Mfam Asu, Sr. Who passed away at 12:30 local time on February 26th as a direct result of their intentional frivolous, causeless and meritless complaint that prevented complainant bringing his father for badly needed medical treatment. Not only did the defendants prohibit complainant's movement by the travel ban which prevented complainant from making business trips to collect the debts owed to his business, theese companies caused complainant to not visit complainant's very sick parents, and bring them for to Czech for badly needed specialised medical care which eventually took my father's live. What is the price tag on this dastardly act?
Personally, complainant holds the above companies directly liable for his father's death. Moreover, in the weeks that follow, a detail account of the origin through the court process including the events, names of the companies and actors that lead to his beloved father's death shall be narrated.
These companies must not get away with such violations. Companies such as these must have no place to hide or run from their responsibilities following a intentional frivolous, causeless and meritless breaches of their clients' rights. The adage that when the wind blows the genitalia of the hen is exposed. There is a need to stop these companies' with all legitimate means especially by publishing violations and filling suit.
E.A.
Prague,
Czech Republic
Ed
Prague 9
Czech Republic
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