Fund set up to help find missing Madeleine McCann could be wiped out

by **Keitei** 23.03.17 1:18

Fund set up to help find missing Madeleine McCann could be wiped out
By Jerry Lawton / Published 23rd March 2017

THE fund set up to help find Madeleine McCann could be wiped out, it has emerged.

A Portuguese judge dismissed Kate and Gerry’s claim that an earlier Supreme Court ruling in favour of Goncalo Amaral was erroneous and contained contradictions.

The doctors, from Rothley, Leics, must now pay Mr Amaral’s legal costs for a series of hearings.

No figure has been agreed but it will be six figures and could use up all the cash left in the fund set up to help find Madeleine if trustees agree to release the cash.

The couple were said to be “disappointed but not surprised” by the ruling. Spokesman Clarence Mitchell said: “This is just another part of the legal challenge.”

He refused to say if they planned to go to the European Court of Human Rights. But if they lost there it could bankrupt them.

Mr Mitchell said future possible action was “a matter for Kate and Gerry’s lawyers in Portugal”. The fund stands at £714,800.

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by jeanmonroe 23.03.17 1:27

I was looking for the Star's 'story'

First it was 'there', then it 'wasn't, and now it's 'back'!

"No figure has been agreed but it will be six figures and could use up all the cash left in the fund set up to help find Madeleine if trustees agree to release the cash."

thinking

WHO are the 'trustees'?

Oh yeah.............

Mr Mitchell said future possible action was “a matter for Kate and Gerry’s lawyers in Portugal”.

Oh dear, has Farter Cluck, the UK's 'most feared lawyers' (self 'proclaimed') as well as 'auditors' of LNSU, haysmacintire, 'decided' not to be erm, y'know, 'associated' with 'them', anymore?

He (CM) refused to say if they planned to go to the European Court of Human Rights. But if they lost there it could bankrupt them.

But if they lost there it could bankrupt them.

If, IF?

Jeeeez!

They've already 'lost' more times, in court cases, than they have kids 'left'!

I'll 'get me coat'!

by plebgate 23.03.17 7:41

If two police forces and a crack team of PIs haven't been able to find Maddie then why on earth do they think that they will if they hire another lot of crack PIs.

Over 13 million pound alone on OP Grange plus all the previous money spent by Portugal and the money from the Fund to pay varying personnel. How much exactly has been spent thus far with no success and now they think that the fund might help find Maddie?

Sell the house and any other assetts. Do anything it takes if they want to continue with a search, but they got themselves into it and they have to get themselves out of it.

Where are the millionaire backers?

by Guest 23.03.17 8:37

Why would it wipe out the fund?

The fund is a legal person, a company, and not liable for the debt. It will only wipe out the fund if Dr and Dr McCann choose to ask the fund for help.

The people liable for the costs are surely the people who brought the case, the McCanns, and they are personally liable, if costs have been awarded. At least that is how I understand the situation?

by Mirage 23.03.17 9:32

mumof6 wrote:Why would it wipe out the fund?

The fund is a legal person, a company, and not liable for the debt. It will only wipe out the fund if Dr and Dr McCann choose to ask the fund for help.

The people liable for the costs are surely the people who brought the case, the McCanns, and they are personally liable, if costs have been awarded. At least that is how I understand the situation?

Under normal circumstances you would expect due diligence mumof6. But this fund has never been straight about its dealings. Maybe that was the reason Esther McVey decided to cut and run early.

The extradition from the USA of fraudster Halligen who had, inter alia, defrauded the fund of half a million coincided with the departure of Dr Shehan ("Gerry's immediate boss who's been wonderful": Mrs Eileen McCann snr in May 2007 Rothley war memorial) and John McCann from the board. That half a million could sure come in handy now.

Uncle Brian Kennedy stated from the off that the fund would "probably be used for legal expenses" (May 2007 Rothley war memorial). So it could be argued they flagged this up in the way only the McCanns would have the brass neck to do.

The deliberate muddying of waters stems from the very hypocrisy employed to disguise this collecting of public money to save their own skins in naming it the Find Madeleine Fund. They planned this out at an early stage knowing what they really needed this money for. The charity status was not an option for them because they wanted all the money at their disposal. Only a limited company status would ensure this, hence the online shop with tacky merchandise, bringing in more money. Not so much leaving no stone unturned as killing two birds with one stone.
--------------------------
From the Find Madeleine site:

About the Fund

Madeleine's Fund - 'Leaving No Stone Unturned' is a not-for-profit company which has been established to find Madeleine McCann, support her family and bring her abductors to justice. The Fund is following best practice governance procedures as set out in the Good Governance Code for the Voluntary and Community Sector. The directors of the company are Brian Kennedy, Michael Linnett, Edward Smethurst, Jon Corner, Kate McCann & Gerry McCann. They have appropriate legal, business and charitable experience. An experienced Fund Administrator has been appointed to ensure the highest standards of transparency and accountability. This should enable the Directors to maintain an appropriate governance distance in the day-to-day operations of the Fund.

Fund Objectives

The full objects of the Fund are:

To secure the safe return to her family of Madeleine McCann who was abducted in Praia da Luz, Portugal on Thursday 3rd May 2007;
To procure that Madeleine's abduction is thoroughly investigated and that her abductors, as well as those who played or play any part in assisting them, are identified and brought to justice; and
To provide support, including financial assistance, to Madeleine's family.
If the above objects are fulfilled then the objects of the Foundation shall be to pursue such purposes in similar cases arising in the United Kingdom, Portugal or elsewhere

--------
Eta. The fraud squad could easily reel them in if they wanted. However, the political will Amaral said was necessary to solve the case has not arrived yet.

by ChippyM 23.03.17 9:53

That awful Mr Amaral, it's all his fault!

Wiping out the fund to find Madeliene, that was his evil plan all along roll

by pennylane 23.03.17 10:09

The fund would still be bursting at the seams if they hadn't endlessly plundered it to try and boost their image and destroy Dr Amaral!

With 24/7 help from their high-priced entourage, there was a time they fooled some of the people some of the time, and the money flowed in. TM thought if they shouted 'abduction' long enough and loud enough, their dodgy version of events and the findings of the original Portuguese investigation would be forgotten and buried beneath a barrage of PR stories. Unfortunately for them, they are victims of their own wealth and narcissism as they've unwittingly succeeded in keeping the PJ files and The Truth of The Lie both vivid and current a decade later, whilst trust in them and their image have tanked irreparably.

(imo)

Viva Rocky! roses

by Guest 23.03.17 12:53

Keitei wrote:Fund set up to help find missing Madeleine McCann could be wiped out
By Jerry Lawton / Published 23rd March 2017

Good old stalwart Jerry Lawton still at the grind I see - is he per chance espoused to Tracey Kandohla?

Every year leading up the Christmas and/or an anniversary they say this. It gets a bit boring after the first or second time.

by Mirage 23.03.17 13:32

Irene 2 wrote:
Mirage wrote:
mumof6 wrote:Why would it wipe out the fund?

The fund is a legal person, a company, and not liable for the debt. It will only wipe out the fund if Dr and Dr McCann choose to ask the fund for help.

The people liable for the costs are surely the people who brought the case, the McCanns, and they are personally liable, if costs have been awarded. At least that is how I understand the situation?
Under normal circumstances you would expect due diligence mumof6. But this fund has never been straight about its dealings. Maybe that was the reason Esther McVey decided to cut and run early.

The extradition from the USA of fraudster Halligen who had, inter alia, defrauded the fund of half a million coincided with the departure of Dr Shehan ("Gerry's immediate boss who's been wonderful": Mrs Eileen McCann snr in May 2007 Rothley war memorial) and John McCann from the board. That half a million could sure come in handy now.

Uncle Brian Kennedy stated from the off that the fund would "probably be used for legal expenses" (May 2007 Rothley war memorial). So it could be argued they flagged this up in the way only the McCanns would have the brass neck to do.

The deliberate muddying of waters stems from the very hypocrisy employed to disguise this collecting of public money to save their own skins in naming it the Find Madeleine Fund. They planned this out at an early stage knowing what they really needed this money for. The charity status was not an option for them because they wanted all the money at their disposal. Only a limited company status would ensure this, hence the online shop with tacky merchandise, bringing in more money. Not so much leaving no stone unturned as killing two birds with one stone.
--------------------------
From the Find Madeleine site:

About the Fund

Madeleine's Fund - 'Leaving No Stone Unturned' is a not-for-profit company which has been established to find Madeleine McCann, support her family and bring her abductors to justice. The Fund is following best practice governance procedures as set out in the Good Governance Code for the Voluntary and Community Sector. The directors of the company are Brian Kennedy, Michael Linnett, Edward Smethurst, Jon Corner, Kate McCann & Gerry McCann. They have appropriate legal, business and charitable experience. An experienced Fund Administrator has been appointed to ensure the highest standards of transparency and accountability. This should enable the Directors to maintain an appropriate governance distance in the day-to-day operations of the Fund.

Fund Objectives

The full objects of the Fund are:

To secure the safe return to her family of Madeleine McCann who was abducted in Praia da Luz, Portugal on Thursday 3rd May 2007;
To procure that Madeleine's abduction is thoroughly investigated and that her abductors, as well as those who played or play any part in assisting them, are identified and brought to justice; and
To provide support, including financial assistance, to Madeleine's family.
If the above objects are fulfilled then the objects of the Foundation shall be to pursue such purposes in similar cases arising in the United Kingdom, Portugal or elsewhere

--------
Eta. The fraud squad could easily reel them in if they wanted. However, the political will Amaral said was necessary to solve the case has not arrived yet.

Will it ever arrive? Their reputation sinks further every day. When did the transparency happen? Did I blink and miss it? They will continue as they always have. Rely on conning sufficient people to hand over their money and spend it on whatever they choose. When OG folds they'll find another sad excuse of a PI guaranteed to fail. Minor collateral damage to the McCanns.

Hi Irene 2. Could you edit your contribution which begins: "Will it ever arrive? ...." please. As it stands your comment appears on my post.

When entering a reply you should scroll down to where it says "quote" and enter your comment after that point. This ensures your comment is attributed to you and not me!.

If you are unable to do so, would a MOD kindly oblige? Both this post and the original post a short way upthread need adjustment
Thanks.
---

Sorted - Admin.

by Mirage 23.03.17 14:34

Mirage wrote:
Irene 2 wrote:
Mirage wrote:
mumof6 wrote:Why would it wipe out the fund?

The fund is a legal person, a company, and not liable for the debt. It will only wipe out the fund if Dr and Dr McCann choose to ask the fund for help.

The people liable for the costs are surely the people who brought the case, the McCanns, and they are personally liable, if costs have been awarded. At least that is how I understand the situation?
Under normal circumstances you would expect due diligence mumof6. But this fund has never been straight about its dealings. Maybe that was the reason Esther McVey decided to cut and run early.

The extradition from the USA of fraudster Halligen who had, inter alia, defrauded the fund of half a million coincided with the departure of Dr Shehan ("Gerry's immediate boss who's been wonderful": Mrs Eileen McCann snr in May 2007 Rothley war memorial) and John McCann from the board. That half a million could sure come in handy now.

Uncle Brian Kennedy stated from the off that the fund would "probably be used for legal expenses" (May 2007 Rothley war memorial). So it could be argued they flagged this up in the way only the McCanns would have the brass neck to do.

The deliberate muddying of waters stems from the very hypocrisy employed to disguise this collecting of public money to save their own skins in naming it the Find Madeleine Fund. They planned this out at an early stage knowing what they really needed this money for. The charity status was not an option for them because they wanted all the money at their disposal. Only a limited company status would ensure this, hence the online shop with tacky merchandise, bringing in more money. Not so much leaving no stone unturned as killing two birds with one stone.
--------------------------
From the Find Madeleine site:

About the Fund

Madeleine's Fund - 'Leaving No Stone Unturned' is a not-for-profit company which has been established to find Madeleine McCann, support her family and bring her abductors to justice. The Fund is following best practice governance procedures as set out in the Good Governance Code for the Voluntary and Community Sector. The directors of the company are Brian Kennedy, Michael Linnett, Edward Smethurst, Jon Corner, Kate McCann & Gerry McCann. They have appropriate legal, business and charitable experience. An experienced Fund Administrator has been appointed to ensure the highest standards of transparency and accountability. This should enable the Directors to maintain an appropriate governance distance in the day-to-day operations of the Fund.

Fund Objectives

The full objects of the Fund are:

To secure the safe return to her family of Madeleine McCann who was abducted in Praia da Luz, Portugal on Thursday 3rd May 2007;
To procure that Madeleine's abduction is thoroughly investigated and that her abductors, as well as those who played or play any part in assisting them, are identified and brought to justice; and
To provide support, including financial assistance, to Madeleine's family.
If the above objects are fulfilled then the objects of the Foundation shall be to pursue such purposes in similar cases arising in the United Kingdom, Portugal or elsewhere

--------
Eta. The fraud squad could easily reel them in if they wanted. However, the political will Amaral said was necessary to solve the case has not arrived yet.

Will it ever arrive? Their reputation sinks further every day. When did the transparency happen? Did I blink and miss it? They will continue as they always have. Rely on conning sufficient people to hand over their money and spend it on whatever they choose. When OG folds they'll find another sad excuse of a PI guaranteed to fail. Minor collateral damage to the McCanns.

Hi Irene 2. Could you edit your contribution which begins: "Will it ever arrive? ...." please. As it stands your comment appears on my post.

When entering a reply you should scroll down to where it says "quote" and enter your comment after that point. This ensures your comment is attributed to you and not me!.

If you are unable to do so, would a MOD kindly oblige? Both this post and the original post a short way upthread need adjustment
Thanks.
---

Sorted - Admin.

Thanks very much Admin.

by Doug D 23.03.17 16:43

The ‘about’ page on the Find Madeleine site as quoted by Mirage above has never been changed to reflect the amendment to the Mem & Arts which was registered by Companies House on 21/12/11.

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The resolution to change was signed by KM, MJL, GM, BK & JC and removed the clause ‘to provide support, including financial assistance, to Madeleine’s family’ and the 'objects' clause is now:

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However this could just as easily be changed back again.

Does anybody have any idea who the ‘fund administrator’ is?

It cannot be a director in view of the ‘appropriate governance distance’ mentioned above.

I wonder if that is the reason John McCann resigned in 2010, in order to take up that position.

There was a thread back in 2011 at :

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but nothing ever came of it.

by Guest 23.03.17 16:51

If that is the current "objects" clause, why is the fund able to be used to pay legal bills, surely that is ultra vires?

Or are they claiming that the court case to stop anyone suggesting that there could be any parental involvement is part of the procurement of thorough investigation?

by Doug D 23.03.17 17:07

In the old days ‘ultra vires’ would have been relevant, but unfortunately in recent years has basically gone out of the window.

This is what wiki now says:

An objects clause is a provision in a company's constitution stating the purpose and range of activities for which the company is carried on. In [You must be registered and logged in to see this link.] up until reforms in the [You must be registered and logged in to see this link.] and the [You must be registered and logged in to see this link.], an objects clause circumscribed the [You must be registered and logged in to see this link.], or power, of a company to act. The legal position was that any contract entered into beyond the power, or [You must be registered and logged in to see this link.], would be deemed void ab initio.
The legal problems concerning objects clauses are now largely historical artifacts. New companies no longer have to register objects under the Companies Act 2006 section 31, and that even if they do the [You must be registered and logged in to see this link.] doctrine has been abolished against third parties under section 39. It is only relevant in an action against a director for breach of duty under section 171 for failure to observe the limits of their constitutional power.

However C.A. Sec 171 has possibilities:

171
Duty to act within powers
A director of a company must—
(a)
act in accordance with the company's constitution, and
(b)

only exercise powers for the purposes for which they are conferred.

by Guest 23.03.17 21:17

It's UK press hype pure and simple. Outside of those directly involved with the Fund and the eternal campaign, nobody knows who is financing the McCanns litigation marathon. According to press reports, Richard 'call me Dick' Branson offered up 100,000k to fund their legal expenses - so convinced was he of their innocence. Brian 'glazier' Kennedy was/is bank rolling them and providing legal expertise from his own warehouse - so convinced was he of their innocence. Engaging the services of Britain's top libel lawyers, working behind the scenes and monitoring online activity, like CMoMM, doesn't come cheap. If the Fund was paying for their services it would have been bankrupted years ago.

Besides, I think it's all in the wording. Again, the McCann have been cosseted by a bastion of wealthy influential support since day one - they wouldn't allow the Fund Limited Company to be their downfall. The audit for year ending 31st March 2012, included this clause..

Risk

The directors have agreed a risk strategy for Madeleine's Fund namely

The risks that Madeleine's Fund faces are assessed for both the liklehood of occurrence and the impact on the organization should they occur.

In order to achieve it's objectives, Madeleine's Fund must accept a certain amount of risk taking. an important part of the risk management strategy must be to clear at an organizational level about the types and levels of risk, the organization is prepared to take..Therefore the identified risks are also assessed for the organization's attitude.

The risks facing the Fund were assessed in four categories

Reputational
Financial
Information and communications technology
Human resources

Current controls in place to mitigate each risk were identified, together with additional controls required. The resulting risk register will be reviewed annually.
----------

That should cover all eventualities!

by mootle 23.03.17 21:23

This case reminds me of those Mandlebrot set fractals. No matter how closely you look, it just gets ever more complex...

by Guest 23.03.17 22:45

Verdi wrote:It's UK press hype pure and simple. Outside of those directly involved with the Fund and the eternal campaign, nobody knows who is financing the McCanns litigation marathon. According to press reports, Richard 'call me Dick' Branson offered up 100,000k to fund their legal expenses - so convinced was he of their innocence. Brian 'glazier' Kennedy was/is bank rolling them and providing legal expertise from his own warehouse - so convinced was he of their innocence. Engaging the services of Britain's top libel lawyers, working behind the scenes and monitoring online activity, like CMoMM, doesn't come cheap. If the Fund was paying for their services it would have been bankrupted years ago.

Besides, I think it's all in the wording. Again, the McCann have been cosseted by a bastion of wealthy influential support since day one - they wouldn't allow the Fund Limited Company to be their downfall. The audit for year ending 31st March 2012, included this clause..

Risk

The directors have agreed a risk strategy for Madeleine's Fund namely

The risks that Madeleine's Fund faces are assessed for both the liklehood of occurrence and the impact on the organization should they occur.

In order to achieve it's objectives, Madeleine's Fund must accept a certain amount of risk taking. an important part of the risk management strategy must be to clear at an organizational level about the types and levels of risk, the organization is prepared to take..Therefore the identified risks are also assessed for the organization's attitude.

The risks facing the Fund were assessed in four categories

Reputational
Financial
Information and communications technology
Human resources

Current controls in place to mitigate each risk were identified, together with additional controls required. The resulting risk register will be reviewed annually.
----------

That should cover all eventualities

Interesting that risks to the funds reputation should come first in that list. It comes before the IT that allows the public to keep donating. And, after all, the reputation of the fund is closely linked with the reputation of the founders, so...

by jeanmonroe 23.03.17 23:15

Fund set up to help find missing Madeleine McCann could be wiped out?
------------------------------------------------------

I thought, last year, the McCan'ts themselves 'wiped out' the 'official' Madeleine's Fund, LNSU, plc, by 'moving out' of that 'fund' £500,000 and putting 'that' into a 'secret' special fund, that to date, afaik, nobody knows about the T&C's of that erm, 'special' fund.

istbc, of course.