Seeks over $3,000,000 in damages from Mr. Smith
on behalf of shareholders
Fancamp Exploration Ltd. (“Fancamp” or the “Corporation”) (TSX
Venture Exchange: FNC) today announced that it has filed a civil
claim in British Columbia Supreme Court (the “Claim”) against Mr.
Peter H. Smith, a director of Fancamp and its former President and
CEO. Fancamp commenced the Claim to remedy Mr. Smith’s wrongdoing,
including his:
- Unauthorized sale of Fancamp’s assets, which caused a loss
currently estimated at over $3.1 million;
- Undisclosed transfer of Fancamp’s assets to himself and to
other individuals for little or no consideration; and,
- Refusal to disclose Fancamp’s technical and financial
information to its Board of Directors (the “Board”).
Fancamp may not yet know everything that Mr. Smith did to hurt
the Corporation and help himself. Fancamp recently announced that
a formal forensic investigation has been
launched, and has strong reason to believe more
misconduct and self-dealing by Mr. Smith will be uncovered. The
Special Committee will report its findings as they become available
and Fancamp may amend the Claim to address any further wrongdoing
that the Special Committee identifies.
Mr. Smith Treated Fancamp as His Personal Property
Despite being a widely-held public company, Mr. Smith viewed
Fancamp as ‘his company’ to do with as he pleased. Between 1986 and
2020, while Mr. Smith held the positions of Chairman, Director,
President and CEO of Fancamp, he entered into numerous self-dealing
transactions where he enriched himself, his friends and his
business associates by transferring assets of Fancamp to himself or
to his associates for little or no consideration. Mr. Smith hid
these self-dealing transactions from the Board.
Mr. Smith Paralyzed Fancamp’s Subsidiary, Magpie Mines, For
His Own Benefit
One of the self-dealing transactions that Fancamp is aware of
involves The Magpie Mines Inc. (“Magpie”), a subsidiary of Fancamp.
As discussed on the January 19, 2021 and March 4, 2021 investor
calls, a key component of the new management team’s three-pronged
strategy is supporting titanium technology. The global titanium
dioxide market is over $16 billion and expected to grow at 8-10%
rate. Titanium (TiO2) is used in numerous products, such as paint,
cosmetics, paper and pulp, and the use of titanium in 3D printing
is expected to double to $1 billion by 2026. Magpie is a
titanium-rich deposit and the Corporation is creating a new and
simplified process to extract the TiO2, which would unlock
significant value for Fancamp and its shareholders.
However, Mr. Smith caused Magpie to be incorporated with a
capital structure that included a class of special shares (the
“Special Shares”). The Special Shares carried the right to appoint
51% of Magpie’s directors and, as a result, the holder(s) of the
Special Shares could effectively control Magpie.
The Special Shares should have been issued to Fancamp, but Mr.
Smith issued them to himself and two individuals. This meant that
Mr. Smith and the two individuals personally controlled Magpie’s
Board of Directors.
Mr. Smith ultimately caused Fancamp to acquire 96% of Magpie’s
common shares, but none of the Special Shares. This scheme
conferred on Mr. Smith and the two individuals’ personal control of
Fancamp’s almost wholly-owned subsidiary.
To make matters worse, Mr. Smith then had a falling out with the
two individuals. This falling out has effectively paralyzed Magpie
as well as the Corporation’s ability to unlock value from the
deposit, and destroyed value for Fancamp’s shareholders.
Mr. Smith Squandered Shares of Champion Iron Limited
Fancamp acquired Champion Iron Limited (“Champion”) shares in a
series of transactions between 2008 and 2012. The shares of
Champion have consistently increased in value since 2016. Fancamp’s
Champion shares are a valuable corporate asset that it can deploy
to progress its business and create shareholder value.
In 2019, independent director Mark Billings conducted a detailed
review of Fancamp’s business and discovered that Mr. Smith had sold
large numbers of Champion shares to fund indiscriminate spending,
without proper budgets or controls. In response, the Board
specifically prohibited any further sale of Champion shares without
Board approval.
Mr. Smith defied the Board and never provided proper budgets,
continued to sell shares of Champion without Board approval, and
authorized exploration expenditures without budget or approval from
the Board. These unauthorized sales caused losses estimated to be
in excess of $3.1 million.
Mr. Smith Withheld Critical Information from the
Board
Mr. Smith resigned as President and CEO of Fancamp after the
Board discovered his unauthorized sale of corporate assets. When he
stepped down, Mr. Smith had critical technical and financial
information that Fancamp needed to properly operate its business.
He has refused to provide that information to Fancamp, despite
multiple demands.
Mr. Smith’s refusal is illegal. It also shows a complete
disregard for the interests of Fancamp and its shareholders.
Fancamp will, if necessary, seek a court order requiring that Mr.
Smith provide it with all of the documents and information that he
has refused to provide.
Advisors
Lavery, de Billy, L.L.P. and Goodmans LLP are serving as legal
advisor to Fancamp. Kingsdale Advisors is acting as strategic
shareholder and communications advisor to Fancamp. Koffman Kalef
LLP is serving as legal advisor to the Special Committee.
About Fancamp Exploration Ltd. (TSX-V:
FNC)
Fancamp is a growing Canadian mineral exploration corporation
dedicated to its value-added strategy of advancing mineral
properties through exploration and development. The Corporation
owns numerous mineral resource properties in Quebec, Ontario and
New Brunswick, including gold, rare earth metals, strategic and
base metals, zinc, chromium, titanium and more. Fancamp is also
building on the industrial possibilities inherent in dealing with
some of these materials, notable being the development of its
Titanium technology strategy. It has recently announced the
acquisition of ScoZinc, a Canadian exploration and mining
corporation that has full ownership of the Scotia Mine and related
facilities near Halifax, Nova Scotia, as well as several
prospective exploration licenses in surrounding regions. The
Corporation is managed by a new and focused leadership team with
decades of mining, exploration and complementary technology
experience.
Forward-looking
Statements
This news release includes certain forward-looking statements
which are not comprised of historical facts. Forward-looking
statements include estimates and statements that describe both
companies’ future plans, objectives or goals, including words to
the effect that both companies or their respective management
expects a stated condition or result to occur. Forward-looking
statements may be identified by such terms as “believes”,
“anticipates”, “expects”, “estimates”, “may”, “could”, “would”,
“will”, “foresees” or “plan”. Since forward-looking statements are
based on multiple factors, assumptions and address future events
and conditions, by their very nature they involve inherent risks
and uncertainties. Although these statements are based on
information currently available to Fancamp, Fancamp provides no
assurance that actual results will meet the management’s
expectations. Risks, uncertainties and other factors involved with
forward-looking information could cause actual events, results,
performance, prospects and opportunities to differ materially or
simply fail to materialize from those expressed or implied by such
forward-looking information. Forward-looking information in this
news release includes, but is not limited to, the Corporation’s
annual general meeting, objectives, goals or future plans,
statements, potential mineralization, exploration and development
results, the estimation of mineral resources, exploration and mine
development plans, timing of the commencement of operations,
estimates of market conditions, future financial results or
financing opportunities. There can be no assurance that
forward-looking statements will prove to be accurate and actual
results and future events could differ materially from those
anticipated in such statements. Important factors that could cause
actual results to differ materially from Fancamp’s expectations
include, among others, political, economic, environmental and
permitting risks, mining operational and development risks,
litigation risks, regulatory restrictions, environmental and
permitting restrictions and liabilities, the inability of Fancamp
to raise capital or secure necessary financing in the future, as
well as factors discussed in the section entitled “Risks and
Uncertainties” in Fancamp’s management’s discussion and analysis of
Fancamp’s financial statements for the period ended January 31,
2021. Although Fancamp has attempted to identify important factors
that could cause actual results to differ materially, there may be
other factors that cause results not to be as anticipated,
estimated or intended. There can be no assurance that such
statements will prove to be accurate as actual results and future
events could differ materially from those anticipated in such
statements. Accordingly, readers should not place undue reliance on
forward-looking statements.
Neither TSX Venture Exchange nor its Regulation Services
Provider (as that term is defined in policies of the TSX Venture
Exchange) accepts responsibility for the adequacy or accuracy of
this news release.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20210514005271/en/
For Further Information Rajesh Sharma, Chief Executive
Officer +1 (604) 434 8829 info@fancamp.ca
Debra Chapman, Chief Financial Officer +1 (604) 434 8829
info@fancamp.ca
Media Hyunjoo Kim Director, Communication, Marketing
& Digital Strategy Kingsdale Advisors Phone: 416-867-2357 Cell:
416-899-6463 Email: hkim@kingsdaleadvisors.com
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