v. Theresa Keeping Defendant

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1 UNTED STATES DSTRCT COURT for the Central Dstrct of Calforna Chuck Foster Plantff v. Theresa Keepng Defendant Cvl Acton No. SACV AG-DFMx; consoldated wth SACV AG-DFMx PRODUCTON OF DOCUMENTS Producton of Documents by Danel Vlleneuve and Colleen Olver pursuant to Subpoena to Produce Documents dated August 29, 2014 To: Chuck Foster 8941 Atlanta Ave. #512 Huntngton Beach, CA Dated at the Cty of St. Johns, n the Provnce of Newfoundland and Labrador, Canada, ths 15th day of September, Danel Vlleneuve/ Colleen Olver

2 Fwd: [SPAM] STATEMENT OF EVENTS ON WSHCRUSE PRATES... Subject: FM:l: [SPAM] STATEMENT OF EVENTS ON WSHCRUSE PRATES & WSH CRUSE NAVY From: Danel J Vlleneuve Date: 12/09/2014 7:42 AM To: Colleen Olver Danel J Vlleneuve Presdent/CEO VnKng Marne Enterprses nc. Begn forwarded message: From: Theresa Keepng : Subject: [SPAM] STATEMENT OF EVENTS ON WSHCRUSE PRATES & WSH CRUSE. NAVY ; Date: 9 Aprl, :11 :15 PM NOT To: Dan Vlleneuve Colleen Olver nq.ca>, Dale Merkel theresa keepng STATEMENT OF EVENTS ON WSHCRUSE PRATES & WSH CRUSE NAVY Dale and were asked to jon Dan Howard and hs frends Chuck Foster, Mary Anne Mercer and ~ John Blnk, and Dans grlfrend Mary Carson, n LA, he Danny Howard sad he had us rooms on ~ the Queen Mary and they v.ould take us around Longbeach together as ther guests. We were not ; there long Vvtlen they presented us v.th a book that they had compled about WshCruse Prates j Adventure. t was a Partnershp\ lnvesbnent Oppertunty that they were presentng to us.. We frst met v.th Danny Howard and Mary Carson n Las Vegas on 23 to 25 Jan, We : stayed at the MGM Grand, we went to two shows durng ths tme and we had a good tme v.th our ~ frends dnners, and also entertanment. We saw Rod Stewart on the 23rd and Lady Gaga on 25 ; January. Both Danny Howard and Mary Carson joned us as our guests to the shows. j They nvted us to jon them n Las Vegas, wth ther frends mentoned above, for dnner at The Crcus Crcus, on the 24. The guests sttng at the table were Dale Merkel and myself seated next : to Chuck Foster, Mr. Foster spoke contnuously about the nvestment possbltes off a partnershp., opportunty n the Wsh Cruse Navy and Wsh Cruse Prates Corporaton. : ; was compassonate about Wsh Cruse Prate, only because was nspred by the story behnd l. the begnnng of the company and Mr. Foster sad t started v.th a young boy Vvtlo ded v.th cancer. We wanted some tme to look at all of the nformaton presented to us and thnk about the Vvtlole stuaton. We were asked to sgn Vvtlat we beleved to be a confdentalty about ths company W sh Cruse Navy and Wsh Cruse Prates. we v.ould not let them pay for hotels on the Queen Mary we wanted to pay for the hotel. Eventually and because Danny and Mary were supposed to be my frends, Dale & agreed to contrbutng to contrbutng to the buldng of the Prate Shp, we were told that they had ~ned up of 7 12/09/ :51 AM

3 Fwd: (SPAM] STATEMENT OF EVENTS ON WSHCRUSE PRATES... l other sponsors and contrbutors to consderably reduce the prce tag of approxmately 1 mllon dollars. We asked for an exact quote, they proceeded to ntroduce us to the shpbulder, Gamble ; ndustres nc. we met wth Robert Sten. He showed us around hs shpyard. We then left for Canada and we YAlen about our regular busness. l ; Soon they sad they needed us to nject approxmately 53,500 to cover the plans for the shp, and ; that the quote for the shp would come. Sometme later wth only two days to nject and stll no frm quote they wanted over 1.5 mllon to buld the shp, and sad we were responsble to pay for t. ~ They nformed us that the bd to bult the shp would be 1.5 mllon, we were qute surprsed and of l course were not gong to send them any money.. The bd they sent s below We were not satsfed and Dale asked f he could talk to Gambo! ndustres.chuck Foster sad the prce went up because he wanted the shp ready for Veteran! Day, Mr. Foster took t upon hmself to change the delvery date off ths shp and escalated the ~ cost wthout even dscussng t wth us and the other nvestors. Because he wanted ths shp for. Veterans Day n the USA We were dspleased and wanted proof of a proper bd from the Shp! bulder. We also were only to share wth other nvestors, and when we asked them who else was nvestng and what amount of money they dd not have any nvestors. They had led to us. f j THS S N AN EMAL FROM CHUCK FOSTER 1 Theresa/Dale -- The shpbuldng Agreement and related WshCruse PRATE expenses requre deposts from the Canadan bank nto the U.S./Nevada account as ndcated below The ntal March 25 ; expenses wll nclude payment and/or deposts for ste preparaton, engnes, generators, : bow-thrusters, masts and 30,000 lbs (15 tons) of treated steel, labor, etc. 1 (We were told that these VJere the tems they Vt()Uld fnd sponsors for. Now they wanted us to pay. for them up front.) : Note: rejected the proposed "drect deposts" to Gambols account preferrng and/or Dan hand! delver each check and use that opportunty for personal progress nspectons and the ablty to : dscuss any related ssues... ( $ XFER DATES AMOUNTS : Mar 25 $ 425,000 ntal expenses wll nclude deposts for engnes, generators, bow thrusters, masts and 30,000 lbs (15 tons) of. 1-Apr 20 $ 106,625 : 2-May 18 $ 106, Jun 15 $ 106,625 t 4-Jul 13 $106,625 ; 5-Aug 10 $ 106,625 ; 6-Sep 17 $ 106, ct 05 $106,625 : 8-Nov 02 $ 106,625 F/Nov 05 $ 130,000 (*) earler fnal payment date f boat delvered pror to Nov. 1. Remanng BANK balance reserved for needed payment adjustments, addtonal equpment, nsurance, regstraton, etc. A Total of $1,408,000. We than called Danny Howard and we told hm that we are not nterested n ths project and not movng forward and they M:>Uld not receve one more dme from us. n fact we had checked out Chuck Foster on the nternet and what we had found on hm was qute concernng. told Danny that we had never receved a bd from the shpbulder and that could only beleve ths shpbulders l of 7 12/ 09/201410:51 AW

4 Fwd: [SPAM] STATEMENT OF EVENTS ON WSHCRUSE PRATES...! prce had to be dfferent from the one above that we were gven by them. ; He sad that he wanted us to rectfy the problems he M>Uld call Chuck Foster hmself and that he ; felt sure we would get a proper bd for the shp and the amount of donatons they had already t receved and the amount that they M>uld respectvely try to have us put n and that we would hear from hm shortly.! WE THAN GOT THS SHPBULDERS BD. The shpbulder prce was dfferent the amount below was fora rush buld by Veteran Day otherwse 1 to 1.15 mllon 325, ,875 x 7= 853, 125; 130, ,308, ( There s a huge dfference n the prce) f We dd feel that they were not dealng farly, n good fath and we lost the element of trust, refusng ; to send them any more money.! Than the harassment started from Chuck Foster. Daly emals, phone calls, harassment of our. Busness Manager Mel Loewen, Calls to TS Sgns, company n Ft.McMurray, Employees at my company Port Harmon n NL, Gettng personal nformaton from my bank. \ ~ Theresa Keepng & Dale Merkel! Ths s nformaton that was sent to me from Mr. Foster. l ; Calforna Penal Code Secton Embezzlement 506.Every person otherwse entrusted wth or havng n ther control, property for the use of any. other person, v.to fraudulently approprates t to any use or purpose not n the due and lawful executon of ther trust, or secretes t wth a fraudulent ntent to approprate t to such use or ; purpose... or v.to approprates money for any use or purpose, other than for that Ytlhch t was ntended s gulty of embezzlement.. WshCruse NAVYtm MAKNG A DFFERENCE... ; Capt. Chuck Foster/Fleet Operatons r T: (657) ; C: (702) ; E: ; W: l TME SENSTVE NOTCE ~ nf7 12/ 09/ :51 AM

5 Fwd: STATEMENT OF EVENTS ON WSH CRUSE PRATES & WSH... Subject: Foo: STATEMENT OF EVENTS ON WSHCRUSE PRATES & WSH CRUSE NAVY NEW ONE From: Danel J Vlleneuve Date: 04/07/2013 2:37 PM To: Colleen Olver Begn forwarded message: ; From: Theresa Keepng Subject: STATEMENT OF EVENTS ON WSHCRUSE PRATES & WSH CRUSE NAVY ; NEWONE ~ Date: 9 Aprl, :27:27 PM NOT. To: Dan Vlleneuve Dan please gnore the frst statement & revew ths one STATEMENT OF EVENTS ON WSHCRUSE PRATES & WSH CRUSE NAVY Dale and were asked to jon Dan Howard and hs frends Chuck Foster, Mary Anne Mercer and ~ John Blnk, and Dans grlfrend Mary Carson, n LA, he Danny Howard sad he had us rooms on : the Queen Mary and they would take us around Longbeach together as ther guests. We were l not there long when they presented us wth a book that they had compled about WshCruse ~ Prates Adventure. t was a Partnershp\ nvestment Oppertunty that they were presentng to us. We frst met wth Danny Howard and Mary Carson n Las Vegas on 23 to 25 Jan, We stayed at the MGM Grand, we went to two shows durng ths tme and we had a good tme wth 1 our frends dnners, and also entertanment. We saw Rod Stewart on the 23rd and Lady Gaga! on 25 January. Both Danny Howard and Mary Carson joned us as our guests to the shows. They nvted us to jon them n Las Vegas, wth ther frends mentoned above, for dnner at The l Crcus Crcus, on the 24. The guests sttng at the table were Dale Merkel and myself seated next to Chuck Foster, Mr. Foster spoke contnuously about the nvestment possbltes off a partnershp opportunty n the Wsh Cruse Navy and Wsh Cruse Prates Corporaton.! was compassonate about Wsh Cruse Prate, only because was nspred by the story behnd ~ the begnnng of the company and Mr. Foster sad t started wth a young boy who ded wth t cancer.. We wanted some tme to look at all of the nformaton presented to us and thnk about the whole stuaton. We were asked to sgn what we beleved to be a confdentalty about ths company Wsh Cruse Navy and Wsh Cruse Prates. we would not let them pay for hotels on the Queen Mary we wanted to pay for the hotel. r-of 4 12/09/201410:48 AM

6 Fwd: STATEMENT OF EVENTS ON WSH CRUSE PRATES & WSH... r Eventually and because Danny and Mary were supposed to be my frends, Dale & agreed to contrbutng to the buldng of the Prate Shp, we dd not know at ths tme how much and they dd l not even know how much they would need to buld the shp, we were told that they had lned up : other sponsors and contrbutors to consderably reduce the prce tag of what they thought could be approxmately 1 mllon dollars. We asked for an exact quote, they proceeded to ntroduce us! to the shpbulder, Gamble ndustres nc. we met wth Robert Sten. He showed us around hs ~ shpyard. No quote was gven to us. ~ We then left for Canada and we when about our regular busness. 1 Soon they sad they needed us to nject approxmately 53,500 to cover the plans for the shp,. and that the quote for the shp would come. Sometme later wth only two days to nject and stll no j : frm quote they wanted over 1.5 mllon to buld the shp, and sad we were responsble to pay for! t. They nformed us that the bd to bult the shp would be 1.5 mlhon, we were qute surprsed and! of course were not gong to send them any money. The bd they sent s below.we were not satsfed and Dale asked f he could talk to Gamba ndustres.chuck Foster sad the prce went up because he wanted the shp ready for Veteran Day, Mr. Foster took t upon hmself to change the delvery date off ths shp and escalated the ~ cost wthout even dscussng t wth us and the ot_her nvestors. Because he wanted ths shp for Veterans Day n the USA. We were dspleased and wanted proof of a proper bd from the Shp bulder. We also were only to share wth other nvestors, and when we asked them who else was nvestng and what amount of money they dd not have any nvestors. They had led to us. THS S N AN EMAL FROM CHUCK FOSTER! Theresa/Dale --. The shpbuldng Agreement and related WshCruse PRATE expenses requre deposts ; from the Canadan bank nto the U.S./Nevada account as ndcated below. The ntal March 25 expenses wll nclude payment and/or deposts for ste preparaton, engnes, generators, bow-thrusters, masts and 30,000 lbs (15 tons) of treated steel, labor, etc. (We were told that these were the tems they would fnd sponsors for. Now they wanted us to pay ; 1! for them up front.) Note: rejected the proposed "drect deposts" to Gambols account preferrng and/or Dan hand delver each check and use that opportunty for personal progress nspectons and the ablty to! dscuss any related ssues... f $ XFER DATES AMOUNTS Mar 25 $ 425,000 ntal expenses wll nclude deposts for engnes, generators, bow thrusters, masts and 30,000 lbs (15 tons) of 1-Apr 20 $ 106,625 2-May 18 $ 106,625 3-Jun 15 $ 106,625! t of4 12/09/201410:48AM

7 Fwd: STATEMENT OF EVENTS ON WSHCRUSE PRATES & WSH... 4-Jul 13 $ 106,625. ; 5-Aug 10 $ 106,625 : 6-Sep 17 $ 106,625 ; 7-0ct 05 $ 106,625 l 8-Nov 02 $ 106,625 F/Nov 05 $ 130,000 (*) earler fnal payment date f boat delvered pror to Nov. 1. Remanng BANK balance reserved for needed A Total of $1,408,000. payment adjustments, addtonal equpment, nsurance, regstraton, etc. ; We than called Danny Howard and we told hm that we are not nterested n ths project and not movng forward and they would not receve one more dme from us. n fact we had checked out ~ Chuck Foster on the nternet and what we had found on hm was qute concernng. told Danny ; that we had never receved a bd from the shpbulder and that could only beleve ths : shpbulders prce had to be dfferent from the one above that we were gven by them. ~ He sad that he wanted us to rectfy the problems he would call Chuck Foster hmself and that he felt sure we would get a proper bd for the shp and the amount of donatons they had already receved and the amount that they would respectvely try to have us put n and that we would hear! from hm shortly. l WE THAN GOT THS SHPBULDERS BD ; The shpbulder prce was dfferent the amount below was fora rush buld by Veteran Day l otherwse 1 to 1.15 mllon 325, ,875 x 7= 853, 125; ~ 1 130, ; 1,308,125 1 ( There s a huge dfference n the prce)! We dd feel that they were not dealng farly, n good fath and we lost the element of trust, j refusng to send them any more money. l Than the harassment started from Chuck Foster. Daly emals, phone calls, harassment of our Busness Manager Mel Loewen, Calls to TS Sgns, company n Ft.McMurray, Employees at my. company Port Harmon n NL, Gettng personal nformaton from my bank. ;! Theresa Keepng & Dale Merkel ~ nf 4 12 /09 / :48 AM

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