Email to Mr. Lachlan Maclachlan, Ombudsman, Canadian Imperial Bank of Commerce

The burden of proof is on the statutorily regulated financial institution to produce evidentiary documents that an offence has not taken place. Documents prove or disprove negligence or wrongdoing.

I have been asking for these routine documents since the summer of 2004. Please comply or I am forced to conclude that these documents never existed and that your office is obstructing the investigation of what might prove to be criminal actions.

Mr. Lachlan Maclachlan, Ombudsman, Canadian Imperial Bank of Commerce

To: Mr. Lachlan Maclachlan, Ombudsman, Canadian Imperial Bank of Commerce
From: Andrei Oudovikine
Date: April 5, 2005

Dear Mr. Maclachlan,

Thank you very much for such a quick response. Your efforts to investigate and resolve this issue are much appreciated.

I understand from Mr. Weber's (Associate Ombudsman, Ombudsman for Banking Services and Investments) March 28, 2005 email that CIBC has sent him their complete file and that no documents were destroyed. I would like to ask you to provide me with following documents.

Document Request

No proof of sale
1. Please provide adequate evidence that our company, Andralex Food Services Inc., bought any assets or leaseholds improvements as a result of the loan proceeds that whistled through our current account (while picking up +$80,000 of our money) on August 21 and 22, 2003 (CIBC account 01902 91-03511).

Pro forma income calculation
2. Proof of Ms. Sue Fedorink's, CIBC Senior Business Adviser justification for her calculation of $473,506 for Estimated annual gross revenue (see Canada Small Business Financing Act, SBFA Loan Registration Form, Box 9, dated August 8 and August 19, 2005 and CIBC CSBFA, Business Improvement Loan (BIL) Application dated August 8 and August 19, 2005).

It appears the estimated annual gross revenue numbers were knowingly misrepresented and appear undocumented. (Bankers Act, BA s.158(1) and s465, CSBFA s.16(1)a., CSBFA Regulations s.8), and

3. Proof of an adequate or any business plan and cash flow projections for business start-ups that were used to assess repayment ability of the borrower to serve this loan.

It appears the loans were arranged without an adequate business plan and or valid cash flow projections and are left undocumented. BA s158(1) and s465, CSBFA s.16(1)a., CSBF Regulations s.8).

Current account fund removals
My only business account is CIBC 01902 91-03511. Please provide me the following details on the below listed transactions:
• the documents that authorized CIBC to transfer money out of this account,
• the names and positions of the CIBC officials who authorized the transfer(s) and
• the destination of these funds

4. August 21, 2003 for the amount of $2,538.62.
5. August 21, 2003 for the amount of $129,499.62.
6. August 22, 2003 for the amount of $184,850.88.

7. Please provide the details (documents, names and positions and destination) of CIBC's unauthorized net $80,311.88 removal of my funds from my account on August 22, 2003 (assuming the #4 is an appropriate debit).

8. Please provide the details (documents, names and positions) of the CIBC officials who allowed my overdraft to exceed its $2,500 limit (see CIBC & Andralex Food Services Inc., Credits to you Agreement, August 8, 2003 and August 11, 2003 and CIBC account 91-0351 on October 2, 2003, balance <$7,017.21>). This transaction has never been reversed and has resulted in a direct loss to my company.

Asset purchases
9. Irrespective of any alleged unauthorized actions please provide CIBC's documents of the leasehold improvements and assets that they bought (i.e. asset purchase & sale agreements with a detailed breakdown of asset, vendor, model type, quantity, sale price, amount paid for each asset leasehold improvements, etc.).

10. Irrespective of any alleged unauthorized actions please provide CIBC's documents showing these leaseholds and assets were: paid in full, represented good value for money, registered in my company's name and free of any encumbrances.

Security
11. Please provide the documents that indicated CIBC has maintained asset integrity of the assets (CSBFA Regulations s.14(1)).

Privacy violations
Please provide me with the documents that authorized the following CIBC officials to discuss my confidential personal and business arrangements:
12. Sue Fedorink and third parties,
13. Sandra Fitzgerald and third parties, and
14. Other CIBC officials and third parties.

Conclusion
It is my understanding that unauthorized uses of cash is categorized as theft.

The burden of proof is on the statutorily regulated financial institution to produce evidentiary documents that an offence has not taken place. Documents prove or disprove negligence or wrongdoing.

I have been asking for these routine documents since the summer of 2004. Please comply or I am forced to conclude that these documents never existed and that your office is obstructing the investigation of what might prove to be criminal actions.

Thank you for your assistance in this matter.

Sincerely,

Andrei Oudovikine
xxx-xxx-xxx Tel.


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