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- Vosmi in the News | VOSMI Main Site
Vosmi in the News 2019 Victims Fight Back against Regulator and the Law Society of Ontario September 19, 2019 Canadian Fraud News Investors who lost millions in syndicated mortgages call for changes at law society September 13, 2019- CBC News Victims cry foul over Fortress Real rewards June 13, 2019 - Canadian Professional Mag 2022 Ottawa senior says he lost life savings investing with company now facing fraud charges July 6, 2022 CTV News 2021 Investors who lost millions launch petition calling for federal attention on Fortress deals February 17, 2021 2020 Fortress cancels major high-rise project in Winnipeg, leaves investors hanging October 7, 2020 PC Mag Lot that was supposed to be home to SkyCity, Winnipeg's tallest tower, now up for sale Oct 2, 2020 CBC
- Events | VOSMI Main Site
September 13, 2019 Protest at the Law Society of Ontario & Ontario Ministry of Finance Read More October 4, 2019 Protest at The Ontario Legislative Assembly (Queen's Park) Read More October 18, 2019 Protest in Ottawa at Parliament Hill Read More
- Regulators in the News | VOSMI Main Site
Regulators in the news 202 0 FSRA Imposes administrative Penalty of $250,000 on Fortress Real Development Inc. September 19, 2020 2018 Ontario watchdog revokes licence of Fortress' lead mortgage broker Feb 2, 2018 Financial Post FSCO reaches $1.1 million settlement over syndicated mortgages Feb. 2, 2018 Financial Post Regulators leave Fortress investors exposed to mortgage industry Dec. 16, 2018 The Globe and Mail Fortress investors call for restitution from regulator Dec. 17, 2018 The Globe and Mail 2017 The lax oversight of syndicated mortgage is hurting Ontario investors with little relief in sight April 24, 2017 Financial Post Canada regulator ignored warnings on risky mortgage investments Nov 30, 2017 Reuters 2016 Regulators put syndicated mortgages in their crosshairs Nov , 2016, MacLeans Ontario urged to boost financial protection for consumers June 20, 2016 The Star
- Closing Arguments | VOSMI Main Site
Closing Arguments (Apr 1-2, 2025) Day 1 Crown Prosecution's Closing Argument The prosecution began by restating the charges against the defendants, emphasizing the seriousness of the allegations. Originally there were two charges- Fraud and Secret Commissions on four development projects, however the Crown narrowed this to Fraud on two projects: Collier and Sky City . Crown counsel Vallery Bayly highlighted the three elements of fraud. Deceit, Dishonesty & Deprivation. 1. Deceit 2. Dishonesty 3. Deprivation 1. Deceit The prosecution argued that promotional contained falsehoods. Documents used terms like "as is" and described Loan to Value "LTV" based on current value, and called the investment secured without clarifying that the values were opinions, not actual appraisals. Materials shows included a “What is LTV ?” slide stating “proper evaluations are essential” without indicating the basis for the LTV, and a pamphlet explaining appraisals and "why LTV matter s". The appraisal section of the FSCO investor disclosure firm, showed an appraisal of $21 Million, however this was this was the opinion of value, ie the future value. In some documents the "project value" line was left blank, yet the i n the Law Society disclosure form, point #9 indicates “I am satisfied that current value is $21 Million, LTV 85%. The prosecution stressed that investors testified about security and LTV being import to their investments and argued that forms should have been honest. It was not acceptable to tell investors their funds were secure when that was not true. The Crown stated this was not a "buyer beware" situation. 2. Dishonesty The prosecution argued the the failure to disclose actual "as is" appraisals was dishonest . Evidence suggested that Petrozza had an appraisal as of August 16, 2013, and anther $11 million appraisal, both not provided to investors. Emails discussed a July 24, 2012 appraisal of $6.9 million, demonstrating that Rathore and Petrozza knew real estate appraisals were much lower than the figures presented publicly. The prosecution anticipated the defence would argue that appraisals had to be kept confidential, however a contractual confidential clause does not negate fraud, and it was not on the investors to request appraisals. 3. Deprivation The prosecution cited the Theroux fraud case, noting that a dishonest act resulting in deprivation alone suffices conviction- even if the defendants honestly believed in the completion of projects. Prosecution emphasized evidence showing: Rathore and Petrozza were investors were told and not told - they provided training and were personally involved in the marketing materials Training videos and emails demonstrated knowledge of disclosure omissions . In an email chain between Rathore & Petrozza July 4-6 2012- Petrozza asked for an appraisal to Jeff Cheung - Subject line is Appraisal. They discuss the $6.9 appraisal. Petrozza knows $6.9 million figure will be a problem and not sufficient. They discuss the Felice evaluation and say “Felice for the win!” Other evidence from the Sky City documents, and similar email chains. Email between Petrozza and another Fortress employee - Fortress employee Mr Cercosta states “ I don’t even know why we paid or wasted time “ … Petrozza replies “I said get me an appraisal or evaluation of $9.4 million or better! “ Cercosta replies “It’s an insulting joke”, Petrozza replies “ Agreed, but we get what we need to get to the end goal”. Evaluators confirmed they did not intend their opinions of value to be shared with mom and pop investors. The Crown concluded that the defendants knowingly marketed the investments as secure when they were not, and this dishonesty caused deprivation to the investors. Defence's Closing Argument Scott Fenton began by noting the RCMP lengthy investigation and explaining that the Crown narrowed the charged to two projects. Fenton argued that: Fortress had over 80 projects, and many were successful . (Note that this statement was not supported by evidence. To review a Fortress project analysis, please refer here. Out of the 80 projects, 18 exited with no payout at all to investors (total loss of over $240 Million; 28 projects exited with partial payouts to investors with losses of $180 Million. The total amount of investor funds never repaid to date is over $400 Million. During his arguments, he only listed a handful which were successful. ) Brokers had a legal duty under the act to ensure their clients understood risks and the opinions of value, and this responsibility did not lie with Rathore & Petrozza. (Note: Petrozza was actually a licensed broker with Centro/BDMC while also a controlling principal of Fortress and had a duty of care to the investors). Fortress was developer facing, while Centro/BDMC were investor facing The Defence stressed that: Investors could have asked questions or reviews materials more carefully. In the case of Collier, that the initial developer Mady went bankrupt and that is the “Elephant in the room” (Fact Check-Collier was initially developed by Mady Development Corp; Mady filed for creditor protection January 30 2015; In November 2015 Fortress purchased the Collier Centre and as lead developer they were responsible to repay the SML investors. Fortress later defaulted on its first loan to Morisson. Morrison then listed the property for sale in 2018; in 2019 the property was sold however there were no recoveries to repay the SML investors. Brokers were responsible for explaining terms and conditions to SML investors. Independant Legal Advice (ILA) was provided to investors. (Fact Check: the ILA was arranged and paid for by Fortress) All documents were conveyed to investors via brokerages. The documents that Rathore & Petrozza showed the importance of brokers to disclose information to investors. At one point, the judged asked: “Were the fees payable whether the project was successful or not? If they were not profitable and not completed do they have to pay the money back?” and the t he defence replied “ Well investors could have asked” . The judge responded” I’m asking you .” He added: “ It was calculated assuming it will be profitable?” Defence responded “ It’s not a fee based on profitability” and added” Anyone was free to ask” (Note that the courtroom erupted in laughter from the viewers.) The defence continued to emphasize risk disclosure and argued that the evidence did not support a finding of fraud. Day 2 Defence Closing Arguments Defence Gerald Chan reiterated that: Opinions of value were fully disclosed to investors Opinions of value were independent Fortress was not required to disclose the other valuations/ appraisals in its possession -and in fact was prohibited from doing so Crown's cases are distinguishable (ie. this case differs from a precedent case, and therefore, the precedent's legal reasoning or holding does not apply to the this case due to materially different facts.) The Defence argued that: Fortress was not investor-facing, and disclosures to investors were made by brokers and lawyers. Brokers dealt with the investors, and had the duty to disclose to investors per regulations- however that regulation was not applicable to Fortress. The Judge responded: “Brokers don’t immunize Fortress from responsibility” . The judge cannot rely on common market judgement about valuation methods. Different valuation methodologies exist, and the evidence did not conclusively show misuse. In exchange with the judge about valuation methodology the defence argued that anticipated future value could legitimately affect valuations and that property valuation is a "murky area". The defence also stated that email chains did not demonstrate undue interference in valuation information and that working with developers and using independent assessments was lawful. The closing argument ended with the defence maintaining that the case did cannot be deemed as fraud.
- Did you Know? | VOSMI Main Site
Did you Know? What's an LTV and why does it matter? The loan-to-value (LTV) ratio shows how much money is being borrowed compared to the actual value of the land. The land is supposed to be the safety net for investors: if a project fails, the land can be sold and the loan repaid. A lower LTV means more protection, because the land is worth more than the loan. Typically, lenders will not lend more than about 85% of the land’s value. If the land is overvalued, investors are exposed to much greater risk. In the case of Fortress Real Developments, the land values were inflated, and investors were misled into thinking their money was secure, when it wasn't. For example, in the Collier Centre Project (Barrie, ON) investors lent $16.9 million to the project. They were told the land was worth $21.9 million, which suggested an LTV of about 77% -appearing safe. But in reality, an appraisal showed the land was worth only $7 million. The $21.9 Million figure was a future based evaluation. That meant the true LTV was over 200%. This was far riskier than investors had been led to believe.When the project collapsed, the land sale could not cover the debt. Since investors were also ranked fifth in repayment priority, there was no money left to pay them back . Another supposed advantage to investing in Fortress SMLs was the 8% interest rate. This rate 8% was far more attractive than GIC's, or bonds. What you weren't told, was about returns provided in the mortgage market. Under MBLAA, the following comparative information was required by law to be disclosed to you by FSCO licensed parties. Did you know that the private lenders who lend on first mortgages on commercial properties only lend 65% of their as-is appraised value at 9-12%. Land loans on farmland are done by few private lenders and they loan 50% of their as-is appraised value. Private lenders will provide first mortgages on houses up to 80% at 8% return, and on second mortgages lend up to 85% of as-is appraised value at 10-15% for a one year term. Compare these loan to values and returns, to your 8% return at well over 100% of as-is appraised value. Fortress did not provide as-is values. They provided opinions of value, which are not appraisals. Fortress opinions of value were based on future value. You were equity investors in these projects, which means that you should have received an ownership interest in the project and/or share of profits, as you were unknowingly were taking a lot of risk. Even as an equity investor you would not invest if your investment was much more than 100% of as-is appraised value. Fortress stated in their marketing and legal documentation that their LTVs were based on "as is" values- where in reality the LTVs were based on future values. This misrepresentation was detrimental to your investment, because if something went wrong with the project, there would not be enough assets to repay the investments as the loan was much higher than the value of the land. There are a few lenders who provide soft cost loans to developers by way of a first mortgage at 20-30%, plus fees, and these lenders do not postpone to construction financing. Meaning, if they lend money towards a project, they only do so on the condition that their position in rank cannot be moved or postponed. If they lend as 2nd mortgage, they stay at 2nd without any sneaky clauses that postpone them to 3rd. Do you think that this is a good comparison to the Fortress mortgages you invested in? Your return was 8%. Remember how you were promised 2nd mortgage, but you were moved like a hot potato to 3rd, 4th or even 5th mortgage? A private lender would never, ever, sign-off on such an agreement. The reason the lenders charge these rates and fees is because they know that they can lose money if the land is not rezoned and even if it is, that the developer does not get the necessary presales, that they will lose money. All the benefits went to Fortress. They collected a 35% fee and 50% of the profits. The investors took all of the risk and only were to be paid 8%. This structure was completely unfair to investors. Now you understand why the RCMP obtained its search warrant. Fraud, section 380 of the Criminal Code, includes misrepresenting the value and placing the victim at risk of economic harm.
- Verdict | VOSMI Main Site
Verdict On May 28, 2025, Justice D Moore delivered his guilty verdict on the charge of Fraud to the accused principals of Fortress. Jawad Rathore & Vince Petrozza were found guilty of Fraud over $5000. Read the complete reasoning for the judgement here. We would like to thank the Crown Prosecutors, and the RCMP IMET for their tireless work on this case. The sentencing submission hearing took place on December 3, 2025, and the sentencing hearing is to take place on February 2, 2026. "I find beyond a reasonable doubt that they both intentionally misled investors about the value of their secured interest in order to induce them into investing." Justice D. Moore
- Inquiry Services Page | VOSMI Main Site
Scopri i nostri servizi e contattaci I nostri servizi 01. Custom Project Unleash your unique vision with our bespoke service, designed to bring your most ambitious ideas to life. We collaborate closely to define project scope, requirements, and deliverables, ensuring a tailored approach from inception to completion. This service is perfect for initiatives that require a one-of-a-kind solution and specialized execution. Experience innovation and receive an outcome precisely matching your distinct needs. Mostra di più 02. Personal Solution Planning Discover tailored strategies designed specifically for your individual needs and goals. Our process involves in-depth discussions to fully understand your unique situation and aspirations. We then develop a clear, actionable plan to help you achieve desired outcomes efficiently. Benefit from personalized attention and expert advice crafted just for you. Mostra di più 03. Expert Guidance Package Navigate complex challenges with our comprehensive guidance package, designed to provide clarity and direction. We offer expert insights and strategic recommendations based on extensive industry knowledge. This package ensures you have the support needed to make informed decisions and move forward with confidence. Achieve your objectives with a clear roadmap and expert-level support. Mostra di più
- Help | VOSMI Main Site
We are in this Together. Help by Contributing. VOSMI is completely administered on a volunteer basis, with the goal to inform the Fortress investors of the latest developments in possible class action law suits, to clarify questions related to project status, and also simply to help investors understand how this fiasco happened to them. The costs related to VOSMI are two-fold. First, there are costs associated with running the website and email newsletters (via Wix platform). This cost is approximately $700 per year. The second cost is the research that has been undertaken with regards to Class Action Law suits. In order to launch a Class Action Law suit, an intense amount of research is required to review whether a law suit is viable. In 2019, an anonymous investor contributed $50,000 in 2019 in order to start the work. A further contribution of $10,000 was paid by investor Rose Ray to help cover legal and other costs. The work of the investigative team led by Darryl Levitt and his team , was instrumental in the recent class action law suit launched by Groia & Company law firm against Brad Lamb. Unfortunately, Groia & Company decided to not to pursue the law suit against Brad Lamb as they did not feel it was viable. On the other hand, the report created by the investigative team has also been shared with lawyers Mitchell Wine and Margaret Waddell who have current class action law suits in the works . We are asking the investors (and also any referral agents or brokers) to help compensate for our costs by contributing $25 or whichever amount you can afford. Simply click the button below, and you can either make the contribution with your credit card via Paypal, or an e-transfer via your own online banking to info@vosmi.ca . We appreciate your support. After all, we are all in this together. Contribute
- Oct 4 Protest | VOSMI Main Site
October 4, 2019 Protest-Legislative Assembly, Toronto Protest at the Legislative Assembly of Ontario, Queen's Park, Toronto. The protest took place to highlight the following: Increase Public awareness of the Ontario Regulators’ Failure to Protect the public with respect to Syndicated Mortgage Investments (which impacted Investors across Canada) Warn the Public they too shall become Victims of Fraud unless the Regulators radically change their processes, investigations & penalties by being proactive in intercepting perpetrators vs reactive & complaint based. Demand increased Funding for the Police to investigate White Collar Crime. Increase Public’s awareness of VOSMI, encourage investors to come forward & join our group Highlight that the Liberals, Progressive Conservatives, & the NDP have done nothing to show support or advocacy for 16,000 victims of Fraud. (14,000 Fortress Victims & 1600 Tier 1 Victims) Huge thanks to Roy Long from the Green Party, who took the time to speak to the investors about his concerns over white collar crime, specifically on seniors. Over 80 members attended the Queen's Park protest! Since Andrew Scheer was in the vicinity, we marched over to his bus, hopping to voice our concerns. We waited over 2 hours meet him- however he snuck through the back door.
- Class Action Law Suits | VOSMI Main Site
Class Action Law Suits Lawyers Mitchell Wine, of MSTW Professional Corporation and Margaret Waddell of Sotos joined forces in prosecuting five proposed class actions relating to syndicated mortgage loans (SMLs) promoted by Fortress Real Developments Inc. and Fortress Real Capital Inc. Details of the proposed class actions, as well as statements of claims, and settlements can be found on the Sotos website. (search Fortress). The actions relate to the SMLs registered on five different real estate developments: Collier Centre – (2012 syndicated mortgage loan only) Progress Manors Ten88 Sutton/The Link Harmony Village Lake Simcoe/The Kemp Orchard Calgary – only in respect of the charge registered as Registration No. 141 112 373. CURRENT PROPOSED CLASS ACTIONS PARTIAL SETTLEMENTS There have been 5 partial settlements thus far. Please refer to the Sotos website, (search under cases/Fortress) or the FAAN website for details https://www.faanmortgageadmin.com/fortress/english . Sutton/The Link Settlement BDMC and Ildina Galati Estate FFM, Rosalia Spadafora, and Saul Perlov FMP, Tonino Amandola, Michael Daramola, and Graham McWaters Derek Sorrenti, Grant Morgan, and Sorrenti Law Professional Corporation It is important to understand that a class action certification hearing the initial procedural step where a judge will determine if a lawsuit can proceed as a class action law suit. The judge will not decide the merits of the case, but will decide if the claim has a valid cause of action, a defined class, common issues, a suitable representative, and is the preferred method for resolution. UPCOMING CERTIFICATION HEARING FEB 24-26, 2026 Outstanding claims against Fortress Real Developments and the Appraisers (for Progress Manors/Ten 88 & Harmony Village Lake Simcoe/the Kemp only) will be pursued in an upcoming class action certification hearing from Feb 24-26, 2026. To attend the hearing via zoom, please register here: When : Feb 24, 2026 10:00 AM Eastern Time (US and Canada) Topic: MCDOWELL v. FORTRESS REAL CAPITAL INC. et al | CV-16-00560268-00CP Register in advance for this webinar: https://ca01web.zoom.us/webinar/register/WN_rjWIh5YRQKa45NGD4QFKVA How can I get my money back? Many investors have asked us how they can get their money back. We have carefully looked at various avenues for recovery. Other Class Action Pursuits An investigation team comprised of a lawyer, researcher and a forensic accountant had worked diligently with the help of Rose Ray , to create a report that would be used to highlight potential law suits pertaining to Fortress. A potential Class action lawsuit against Lamb Development Corp was filed, however unfortunately the law firm Groia advised they were unable to pursue the lawsuit further. Archived communications regarding this endeavour can be found here . Another law firm, Kallochlian Myers LLP filed a Statement of Claim in 2020 against Olympia Trust Company for the registered funds investors. However, on June 19, 2023, the Court of Appeal for Ontario has dismissed the appeal of the order dismissing the motion for certification. A copy of the decision is available here . If you are an investor who has approached a law firm regarding a class action law suit against other Fortress related parties not mentioned on our website, please let us know. Q & A Current Proposed Class Action Law Suits & Settlements 1. Why wasn't my project / developer chosen for the class action law suit headed by Mitchell Wine and Sotos? This would likely be due to the fact that the lead plaintiffs invested in the particular projects listed above. 2. Why does it take so long to recover the funds for a class action law suit? We understand this is the question most victims ask. Unfortunately, recovering money through a class action lawsuit is not quick or simple. • Class actions take years to move through the courts. • Defendants often fight every step, which adds delays. • Even if successful, legal costs and fees are deducted before any money is shared. Class actions can hold wrongdoers accountable and sometimes lead to financial settlements, but they are a long, uncertain process with no guarantee of full recovery. 3. I didn't receive my class action law suit settlement payment. Who do I contact? Please contact the Claims Administrator - FAAN Mortgages . They can be reached at 1 (833) 495-3338 or by email at info@faanmortgageadmin.com.
- Timeline | VOSMI
An animated & explanatory timeline of events describing the Fortress Real Development Syndicated Mortgage Investment Fraud charges & the failures of the regulators, and how VOSMI was created. Timeline The Founders of Fortress RDI began working together since 2002. This timeline traces the key milestones, from their early business ventures and the creation of Fortress, to regulatory shortcomings, RCMP investigations, and the criminal legal proceedings that continue today. Please view this timeline slideshow on computer or tablet vs a phone for optimal viewing.

