Lawrence Heath, the retired Canadian attorney and Queen's Counsel, has responded to the counterclaim filed in his Grand Cayman suit against Sharon Lexa Lamb and Dundee Merchant Bank, in the $450m Cayman Gang of Four investment fraud scandal. Lamb has alleged that the plaintiff defamed her, by assisting media in publishing untrue information about her, damaging her reputation,,and damaging her business.
Mr. Heath, in reply, through his attorney of record, has responded by asserting that there is no factual or legal basis for her claim. He denies any involvement in media coverage, and denies that any of the published statements or material originated with him.
Affirmatively, the plaintiff points out that there were a number of statements, which Lamb alleges were untrue, and defamatory, but which were factually accurate:
(1) That there were forgeries of his signature on transfer documents given to him by Sharon Lexa Lamb.
(2) That Mr. Heath notified the Royal Cayman Islands Police Service of the loss of his money, and his specific concerns about fraud, after speaking repeatedly, and also personally, with Ms. Lamb, to no effect.
(3) That Mr. Heath had told several others that he was having difficulty obtaining withdrawals from his accounts; he learned that he was not the only investor experiencing excuses.
(4) That Sharon Lexa Lamb told Mr. Heath that she wanted a document. granting her complete immunity, before she would release any money to him, from his accounts.
(5) That financial documents of his accounts, provided to him by Lamb, had major discrepancies.
Mr. Heath also has stated that, even if the defendant can prove up defamation, he is not liable to her at law. Whether the counterclaim was filed purely for dilatory purposes, to delay the entry of a final judgment on plaintiff's claim, which alleges a criminal breach of Lamb's fiduciary responsibility, will be decided by the court in the course of the proceedings.
According to the codefendant, Dundee Merchant Bank. Lamb was fired by the bank more than two years ago, but she continued to hold herself out as a bank officer, and actually answered the defunct bank's telephone with "Dundee," misleading callers as to her apparent authority. it was during that time that over $450m was transferred to the control of the fugitive Canadian stock trader, Ryan Bateman, who held out to US and Canadian banks that the money was his, as verified by Sharon Lexa Lamb, posing as a Dundee bank officer.
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