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This is where the iPro trust money went, according to RECO evidence

A forensic investigation into the financial records of The iPro Realty Ltd. shows a complicated web of intermingled financials with the sprawling group of businesses owned by former brokerage principals Fedele Colucci and Rui Alves.

New evidence filed by the Real Estate Council of Ontario (RECO) last week in the ongoing court action against Colucci, Alves, and their companies reveals what appears to be a complex scheme of trust fund misappropriation by iPro’s former owners through a network of accounts and entities.

RECO, in the case filed with the Ontario Superior Court of Justice, argues that Colucci and Alves “systematically misused trust funds” by moving them into operating accounts and related companies, and, through direct payments, to themselves and their associates.

Findings from the 700 pages of affidavits of RECO CEO Brenda Buchanan and forensic accountant Alessandra Leggio Di Matteo show a massive diversion of funds siphoned from iPro’s legal trust accounts into regular operating accounts.

In total, roughly $30 million of funds that should have been held in trust were instead commingled with the firm’s general account or sent elsewhere.

At least $14.3 million was moved via electronic transfers and $10.1 million via cheques from the brokerage’s trust accounts into its general accounts, court documents show. An additional $2.63 million in trust cheques were made out to “iPro Realty Ltd.” but deposited into unknown destinations.

The documents, prepared by RECO’s counsel Dentons Canada, also show iPro Realty Inc. – a separate entity from the brokerage – transferred $3.4 million from its own trust accounts to its general account, and wrote hundreds of thousands in cheques from its trust to iPro’s other accounts.

In a statement, RECO said these affidavits set out to prove its assertion that a deliberate trust scheme was orchestrated by iPro’s former principals and related parties “to divert and misuse consumer deposits and agent commissions that were required to be held in trust on their behalf.”

“This scheme represents a serious breach of fiduciary, statutory, and ethical obligations, and has harmed consumers, registrants, and the broader real estate sector,” said RECO.

RECO’s proceeding seeks a freeze of assets and further requests a court order that will permit RECO to trace the flow of trust funds that were diverted and return them to the trust accounts from which they were taken.

The list of respondents includes companies that either Colucci, Alves, or both are directors of, including: IP Holding Realty Ltd., Hippo Holdings Corporation, Sutton Group Professional Real Estate Services Inc., Alco Motors Ltd., and Alco Rent-A-Car Ltd.

These companies have “knowingly assisted” iPro and its co-founders’ breaches of duties, reads the original application, “and have knowingly received funds impressed with a trust under the (Trust in Real Estate Services Act) and at common law.”

iPro’s 17 offices shut down on Aug. 19, affecting 2,400 agents, following the discovery of $10.5 million missing from the brokerage’s trust accounts. The total amount missing is now closer to $8 million, RECO has said.

 

Where did the funds go?

 

RECO is arguing that once funds were improperly in the general accounts, the money was used for a variety of unauthorized purposes, particularly to repay investors and lenders.

The forensic review found $870,158 in cheques issued from iPro’s general accounts to people listed on an internal “IPRO Loans List”.

Similarly, $1.05 million was paid out of Hippo Holdings’ account to names on a “Hippo Investors List,” documents show

Additionally, forensic analysis found Colucci received at least $172,864 via cheques from iPro Realty’s general account, plus $137,795 more via cheques out of Hippo’s account.

Rui Alves likewise received $108,145 in cheques drawn from iPro Ltd. and iPro Inc. general accounts, court documents show.

Moreover, Joselle Alves Personal Real Estate Corporation (owned by Alves’ spouse) received $41,000 in payments, and Meli Colucci (spouse of Colucci) received $42,893, both paid out of iPro’s general accounts.

In its statement to the media, RECO said the evidence demonstrates that the “true state” of the trust accounts was purposefully concealed by:

  • Operating multiple accounting systems
  • Falsifying records
  • Delaying disclosure until immediately before a scheduled inspection

“In doing so, they not only betrayed the trust of thousands of Ontarians but also misled other parties who relied on their compliance,” said RECO.

RECO says it is continuing to cooperate with law enforcement in support of their investigations.

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