Is there any case law where directors, vendors, syndicate, associates, and/or associates of a company, who are not directors of the company, are required to retain all of the proceeds of a fraudulent scheme?

Saskatchewan, Canada


The following excerpt is from Mooers v. Clark, 1922 CanLII 104 (SK CA):

There is a passage in the judgment of Lord Halsbury in Gluckstein v. Barnes, supra, which seems to me can be appropriately cited here. He said at p. 246 ([1900] A.C.): I am wholly unable to understand any claim that these directors, vendors, syndicate, associates, have to retain this money. I entirely agree with the Master of the Rolls that the essence of this scheme was to form a company. It was essential that this should be done, and that they should be directors of it, who would purchase. The company should have been informed of what was being done and consulted whether they would have allowed this profit. * * * * When they did afterwards sell to a company, they took very good care there should be no one who could ask questions. They were to be sellers to themselves as buyers, and it was a necessary provision to the plan that they were to be both sellers and buyers, and as buyers to get the money to pay for the purchase from the pockets of deluded shareholders.

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