How can you say everyone wins? The bank sold the assets to Qenta for $1.25 million. I didn't get one penny of that money. It went to the bank as additional capital to protect customers. Had the sale gone though Qenta would have put in an additional $7 million to protect customers, and I would have received $25 million in
cash and stock for my bank shares. Instead, thanks to OCIF turning down the sale, I received nothing. Also, so far over the past two years I have personally incurred over $1 million in legal fees on bank related issues. I am also out over $10 million cash that I personally invested in the bank. I will likely only recover a small fraction of that loss from my lawsuit. As far as my decision to go on 60 Minutes, I wasn't even told the interview was for 60 Minutes when I agreed to do it. I was told it was for The Age website. I do interviews all the time as part of my normal business that have nothing to do with the bank. This request seemed no different It's not my fault the reporters lied to, and then ambushed me with false allegations about the bank.
As far as customer's losses, there likely will not be any, other than the opportunity cost of having their money tied up for 10 months or more. In some cases that has involved hardship. I feel horrible about that. But these losses were all unnecessary, and would have been avoided had OCFI either approved a sale, allowed me to contribute more capital, or allowed me to just liquidate the bank on my own. I gave the OCIF commissioner those three options, but she rejected them all. So when all of this is over, if any clients wish to file a lawsuit, OCIF is your best case. However lawsuits are not fun, and unless you get a lawyer to do it on contingency, which will likely require a class action, they are expensive.
Life is full of risks. Many banks fail, and if deposits are uninsured, customers can lose a lot of money. EPB didn't fail, so if customers lose any money at all, it will only be because the cost of operating the bank in receivership exhausted the bank's capital, requiring depositor money to keep it going long enough to return the money. Depositors are first in line after the receiver. I am last, and will only get something after every other
creditor is made whole. I am by far the biggest victim here. So stop blaming me for things that were completely beyond my control. I was a passive shareholder in a bank, and ended up losing millions of dollars as a result of that ownership interest. Its also unfair to all expect me to cover ever single customer's loss. I owned stock in a corporation. The corporate structure offers shareholders limited liability. That's common knowledge. Anyone who opens a
bank account, especially one with no deposit insurance, runs the risk of losing money. Life is full of risks. We all assume them. I took a risk by opening a bank, and I lost a lot of money. Customers took risks by opening bank accounts, and they may end up losing some money. I chose to try to recover some of my losses by suing Nine in Australia. I can't sue OCIF as I gave up that right to protect customers. But the customers made no such agreement with OCIF and are free to take legal action if they want to, either individually or collectively. But that may end up costing customers even more money, as the outcome of any lawsuit is uncertain. In fact, I may end up losing more money as a result of my lawsuit, if the damages I recover are less than my legal fees.