shareholder information and updates
concerning Equity Power Fund
This webpage aims at informing the public with respect to the asset recovery process and at communicating general shareholder information. Even if the directors pay careful attention to the quality of published information, they can neither guarantee expressly, nor implicitly that available information is accurate, current and complete.
LFP I SICAV SIF S.A. (hereafter "LFP 1") is a public limited company incorporated on 12 February 2010 by the company Luxembourg Fund
Partners S.A. (now Alter Domus Management Company S.A.), (hereafter "AIFM") and qualified as a société d'investissement a capital
variable - fonds d'investissement spécialise under Luxembourg law governed by the amended law of 13 February 2007 relating to
specialised investment funds (hereafter the "FIS Law"). The AIFM was responsible for the management of the portfolio of LFP I.
This sub-fund was initiated by J.J. Noomen, on the basis of a letter of commitment that he signed with Luxembourg Fund Partners on 11 November 2011, then launched 1 October 2013, following the granting of the Luxembourg financial regulator's (hereafter “CSSF”) approval for this sub-fund on 17 January 2013.
Equity Experts Sarl, represented by JJ Noomen, and owned by Noomen and his wife Ann Ceulemans, became Investment Advisor and sole distributor of EPF in 2013. Based on the investment advice of Equity Experts, LFP I would invest in several real estate and other investment projects in Belgium, which are subject to final investment decisions by the AIFM. LFP I's due diligence processes failed to pick up public warnings about the Terra Vitalis NV, People Buy More Green NV and Noomen's role in these investment collapses.
April 2013: Apex Fund Services (Malta) Limited becomes shareholder in Luxembourg Fund Partners SA,
at direction of CSSF, and also provides two directors to AIFM.
August 2013: EquityPower Fund launched with 12 month ramp-up period.
1 October 2013: The first investments of the compartment were directed to fund WAE Newco NV, a technology company where Levi Dewaegenaere was a director and owner.
2015/16: Investments into WAE Newco are actually sent to Urban Capital Property Development SA, an unrelated company controlled by Dewaegenare and Caes.
23 July 2015: LFP I acquired by the signature of a share transfer agreement concluded with Mr. Levi Dewaegenaere the ownership of 6040 class A shares of Urban Capital Holding, a real estate project developemnt company incorporated on July 16, 2015 by a notary deed of Jan Coppens, with registered office at 503 Bredabaan, B-2930 Brasschaat (hereafter "Urban Capital Group of Companies"), valued at an amount of € 6,040,000 by an auditor's report produced by VPC and signed by its manager, Mr Jean-Louis Prignon. Levi Dewaegenare was allocated the equivalent of € 6,040,000 in shares of the EPF sub-fund.
2015: Last visit by an AIFM representative to the investment projects in Belgium.
1 March 2016: CSSF wrote to directors noting that as at 30 September 2015 Urban Capital Holding represents 70.64% of the fund, a direct breach of diversification rule 07/309 limiting any one investment to 30% of the fund.
(In fact 7 sub-funds of LFP 1 were in breach of diversification rules).
May- 2016: US$ 3 million loan facility signed with Smart Oil Ltd. in UK, US$ 750,000 drawn down in mid-September and a 5% fee paid to Equity Experts.
Sep/Dec 2016: €1.713 million was transferred to Urban Capital Holding bank account by SocGen and KBL (2 payments), to buy the Hoevenen property in Antwerp. KBL never took title or verified ownership of the project, which was never acquired by the fund.
31 October 2016: Fund invested € 2.96 million in preferred shares of WAE Newco; the preferred shares were never actually registered/notarised.
Jan/Feb 2017: € 5,005,000 sent by KBL to Urban Capital Holding to acquire Duerne real estate in Antwerp. KBL never took title or verified ownership of the project, which was never held by the fund.
December 2017: Amsterdam Court conviction against JJ Noomen for funds mismanagement relating to people Buy More Green failure.
December 2017: Real estate fund specialists Alter Domus group acquire AIFM Luxembourg Fund Partners SA, renaming it Alter Domus Management Company SA.
February 2018: Antwerp Court conviction against Levi Dewaegenaere for forging financial documents (appealed).
2018: Equity Power Fund doubles in size due to € 40+ million of net new subscribers, no title verification of assets nor a site visit is conducted by the AIFM.
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17 September 2018: Mapley and Fedeles were elected by shareholders of LFP I with a mandate of recovery of assets and monies and
to render the LFP I operational. This appointment took effect after CSSF approval of their role as directors.
23 November 2018: Tudor Fedeles is approved by the CCSF to act as a director of LFP 1.
7 December 2018: Director Mapley is approved by the CCSF to act as a director of LFP 1.
Christopher Sinclair and Alter Domus appointee Jonathan Lepage resigned as directors, with immediate effect.
7 December 2018: European Fund Administration S.A. resigned as administrator, registrar/transfer agent and domiciliation agent to LFP 1, with 3 months notice.
11 December 2018: PWC Luxembourg resigned as auditor to LFP 1.
12 December 2018: KBL resigned as custodian and depository bank to LFP 1, with notice up to 31 March 2019.
13 December 2018: Alter Domus Management Company S.A. resigned as AIFM to LFP 1, with 3 months notice.
14 December 2018: LFP I EGM of shareholders for all fund compartments, resolved to trigger the liability of the directors in Columna Commodities re investments made in 2013/14. Independent Director Jacque Bossuyt is confirmed as a director.
21 December 2018: LFP I filed a civil complaint against Alter Domus Management Co. for recovery of LFP I documents, AIFM procedures etc..
2 January 2019: Totalserve Management (Luxembourg) S.A. is appointed as domiciliation agent to LFP 1.
31 January 2019: C-Clerc S.A. is appointed as auditor to LFP 1.
20 February 2019 The AIFM of LFP I was terminated with cause for lack of cooperation, and the current directors assumed control of the investment processes of LFP I, after regulator’s approval.
26 February 2019 LFP 1 AGM of shareholders for all fund compartments, the Annual accounts as prepared by PWC Luxembourg were rejected by shareholder due inaccuracies re bank balances that had simple been carried forward and not updated.
March 2019: The investments Martini (Brussels) and Seascape (Antwerp) were refinanced based on past documentation and reports.
22 March 2019: Directors agreed with a migration plan of EPF to a 3rd party fund platform. This was proposed by Noomen, given the negative reputation of the LFP I platform induced by other compartments suspended or in liquidation due to fraud investigations.
7 June 2019: The Fund receives information about agreements being forged from a selling counterparty of Seascape project.
12 June 2019: LFP I terminates its relationship with Equity Experts SARL, its manager J.J. Noomen, in view of his failure to explain the transactions relating to the Seascape and Martini projects - Equity Experts was LFP I's investment adviser, as well as providing potential investors, for which he received important commissions.
21 June 2019: In view of the fraud uncovered, the board of LFP I cancelled the planned transfer of the Equity Power Fund subfund to Open Capital, which was confirmed by Finexis, i.e. the fund manager ('AIFM') of Open Capital.
26 June 2019: LFP I Board of Directors resolved to reject and return all new subscriptions, and suspend all redemptions, for NAV dates 31 March 2019 and thereafter. This decision was taken on the basis of title/valuation issues following the presentation of forged re-financing documents for investments in the recent past.
28 June 2019: LFP I unilaterally requested the appointment of Mr Yves Teughels and Ms Katrien Teughels as interim administrators of the Urban companies (rolnr B/19/00120); the order is served on the same day. Read here..
3 July 2019: Directors Mapley and Fedeles visited Urban Capital Holding head office in Brasschaat, Belgium, a € 1 million asset of the fund, to find it emptied out and sold to a 3rd party company (subsequently identified as owned by Levi Dewaegenaere's legal advisor).
5 July 2019: LFP I unilaterally requested and obtained the appointment of Mr Jan Loyens as provisional administrator of UCG Seascape (rolnr. B/19/00127) Read here..; Jan Loyens is replaced by Ilse Mertens as provisional administrator of UCG on 8th July 2019.
5 July 2019: LFP I obtained authorisation to carry out a protective attachment against third parties at the expense of UCG Seascape, Levi Dewaegenaere, Inge Caes and all companies of which Levi Dewaegenaere and Inge Caes are the final beneficiaries, at Bank van Breda. Read here..
10 July 2019: The provisional administrators have a court order for the retrieval of the book-keeping served on the Urban Capital Group of Companies and on their bookkeeper Din Consulting BVBA.
12 July 2019: In order to sabotage the procedural actions of the board of LFP I, Levi Dewaegenaere and J.J. Noomen appointed a Brussels lawyer, Me. Bérénice Van Bogaert, to send a letter to the shareholders of LFP I, abusing the letterhead of LFP I, in which, allegedly in the name of "a consortium of more than 10% of the shareholders of LFP I - which has never been proven - the shareholders of LFP I were invited to attend an extraordinary general meeting on 22 July 2019 at the Hotel Le Royal in Luxembourg, with the transfer of the Equity Power Fund sub-fund to Open Capital, and the resignation of the directors of LFP I on the agenda; the address details of the shareholders were obtained and used unlawfully, for which LFP I lodged a complaint with the Commission Nationale pour la Protection des Données ("CNPD") in Luxembourg.
12/16 July 2019: The Urban Capital Group of Companies' former directors and UCG Seascape bring third-party proceedings against the orders appointing the interim administrators.
17 July 2019: At the general meeting of Urban companies convened by the provisional administrators, the counsel of Levi Dewaegenaere and Inge Caes (Mr Stefan Snepvangers) convinced the provisional administrators to postpone the meeting in order to clarify the forthcoming general meeting of LFP I in Luxembourg on 22 July 2019.
17 July 2019: LFP I issued a writ of summons excluding Levi Dewaegenaere and Inge Caes as minority shareholders of Urban Capital Group of Companies (document A/19/04878).
20 July 2019: An initial report is sent to FBI in Washington DC about the US aspects of the EPF wrongdoings perpetrated by Levi Dewaegenaere.
22 July 2019: The general meeting of LFP I took place at Hotel Le Royal in Luxembourg:
- the Brussels lawyer Bérénice Van Bogaert is suddenly represented by J.J. Noomen, who chairs the meeting;
- J J Noomen arranges for the presence of 3 swiss persons, Pierre Christen, Yves Gut, Didier Pretor, to attend and circulate false statements about director Mapley, that he has stolen money from a company in which they are shareholders.
- the shareholders of the sub-fund present apparently agree to the transfer to Open Capital, which is legally impossible given the absence of approval by the CSSF and Open Capital;
- the directors of LFP I are confirmed in their mandate;
- although this was not an item on the agenda and only 48% of the sub-fund's shareholders were present, it was also decided to appoint J.J. Noomen as trustee to oversee the cancellation of all "contracts concluded or terminated after 20 May 2019, legal actions taken, mandates given and payments made".
23 July 2019: J.J. Noomen filed a complaint against LFP 1's Belgian legal counsel with the President of the Antwerp Bar, because at the opening hearing concerning the exclusion of Levi Dewaegenaere and Inge Caes as minority shareholders of UCH, she was still acting as counsel for LFP I, requesting that she continue to act as counsel for LFP I in order to impose her ban; In the meantime, this complaint was rejected as unfounded by decision of 15 April 2020 of the President of the Antwerp Bar.
25 July 2019: Levi Dewaegenaere files a complaint against Belgian legal counsel with the President of the Antwerp Bar, on the grounds that the counsel would have expressed itself in a negative manner about him at the opening hearing on 19 July 2019 concerning the third party proceedings brought by the Urban companies against the appointment of the provisional administrators;
This complaint has since been declared inadmissible by decision of 15 April 2020 of the President of the Bar.
26 July 2019: Din Consulting BVBA was ordered to hand over the accounts and underlying documents of the Urban companies to the provisional administrators, on pain of a penalty of €1,000.00 per day of delay for each part of the accounts and/or underlying document that is not handed over (rolnr. B/19/00136).
28 July 2019: Levi Dewaegenaere filed a further complaint against Belgian legal counsel with the Antwerp Bar, as part of the ongoing intimidation, for allegedly leaking information to the press, demanding her withdrawal from the LFP I-EPF file.
In the meantime, this complaint was rejected by decision of 15 April 2020 of the President of the Bar.
29 July 2019: Levi Dewaegenaere was ordered to hand over to the provisional administrators of the Urban companies the accounts and underlying documents on pain of a penalty of € 5,000.00 per day of delay per part of the accounts and/or underlying document that is not handed over (rolnr. B/19/00138).
30 July 2019: A damaging website relating to David Mapley, one of the directors of LFP I, appeared in the public domain on internet: www.david-mapley.com; this web-site shows photographs of the mailboxes and front doors of Mapley's homes, of is girlfriend's home in Switzerland, designed to intimidate and threaten.
13 August 2019: Levi Dewaegenaere was ordered to hand over the accounts and other relevant documents to the provisional administrator of UCG Seascape, on pain of a penalty of € 5,000 or € 1,000 (depending on the nature of the document) per item per day of delay (rolnr. B/19/00149).
13 August 2019: Director of LFP I, Tudor Fedeles, learned that a web-site has been registered in his name, and is now public: www.tudor-fedeles.com.
14 August 2019: Directors Mapley and Fedeles meet with FBI Financial Crimes Unit in Washington DC and presents EPF's Seascape transaction based on forged documents and false signatures. “Aggravated Identity Theft” under 18 USC 1028A Federal Law identified. New York FBI Office to follow up.
19 August 2019: The directors of LFP I initiate interlocutory proceedings in Luxembourg in order to have the decisions of the general meeting of 22 July 2019 suspended.
20 August 2019: Levi Dewaegenaere files a further complaint against Belgian legal counsel with the Bar Association of Antwerp, as part of ongoing intimidation and harassment, accusing them of being involved in extortion and of having been allocated part of stolen proceeds.
This complaint has since been rejected by decision of 15 April 2020 of the President of the Bar.
4 September 2019: Director Mapley meets with FBI New York Office - liaison with Financial Police in Luxembourg arranged.
1 October 2019: The Luxembourg judge ruled that the decisions of the general meeting of 22 July 2019 should be suspended, in view of their blatant illegality.
14 November 2019: Fieldfisher law firm in Luxembourg emailed the LFP1 directors allegedly on behalf of more than 60% of the shareholders of EPF, for the convocation of a new general meeting of the Equity Power Fund to regularize the general meeting of 22 July 2019. Levi Dewaegenaere was also among claimants.
2 December 2019: Tudor Fedeles was informed that a new public website with the name www.tudorfedeles.com was "Coming soon...".
6 December 2019: The provisional administrators of the Urban Capital Group of Companies obtain a penalty payment order against Din Consulting BVBA for €625,000 and against Levi Dewaegenaere for €3,125,000.
10 December 2019: Tudor Fedeles received a telephone call from J.J. Noomen, stating that he will arrange for the websites www.david-mapley.com and www.tudorfedeles.com to be taken offline if the amicable negotiations continue; this call was recorded by Tudor Fedeles; a meeting is scheduled on 17 December 2019 at the Le Royal Hotel in Luxembourg.
11 December 2019: The websites www.david-mapley.com and www.tudorfedeles.com were (temporarily) taken offline.
24 December 2019: The appointment of the interim administrator of UCG Seascape was confirmed and extended for six months (rolnr. C/19/00098).
13 January 2020: The public websites www.david-mapley.com and www.tudorfedeles.com reappeared online with new defamatory articles, after the amicable settlement proposal of Levi Dewaegenaere and J.J. Noomen was rejected by the board of LFP I.
14 January 2020: The appointment of the provisional administrators of the Urban companies was confirmed and extended for six months (rolnrs C/19/00096 and C/19/00099). Read here..
4 February 2020: Levi Dwaegenaere's claim to have the periodic penalty payment for which he was sentenced by order of 13 August 2019 (because he is allegedly 'in the material and legal impossibility' of transmitting the documents) cancelled as unfounded by the President of the Antwerp Commercial Court, Antwerp Division.
7 February 2020: The provisional administrator of UCG Seascape served an order for penalty the payment to Levi Dewaegenaere for the sum of € 5,441,192.55.
February 2020: LFP I filed a civil complaint in Luxembourg against the depositary agent Quintet Bank for breaches to the custody agreement.
3 March 2020: The day before the hearing on their exclusion as minority shareholders of Urban Capital Group of Companies, Levi Dewaegenaere and Inge Caes (via a new counsel: Ruben Jans) submitted an application to the Court of Cassation to have the case withdrawn from the Antwerp Commercial Court on the grounds of legitimate suspicion.
10 March 2020: Shareholders of LFP I were sent a letter of formal notice asking them to sign a letter of instruction in favour of the Luxembourg law firm Thewes & Reuter, authorising it to provide advice and assistance on:
- drawing up proxies for the shareholders with a view to requesting that the board of LFP I convene an extraordinary general meeting within one month, which will decide on their resignation and replacement;
- in the event that the LFP I board does not convene such a meeting, the initiation of legal proceedings to enforce it;
- bringing an action against the directors of LFP I on the grounds of alleged management errors;
20 March 2020: At the request of a number of sub-fund shareholders, including Levi Dewaegenaere, Mr Pierre Reuter (Thewes & Reuter office) has a summons issued against the directors of LFP I before the District Court in Luxembourg to pay damages of € 41,542,346 on the grounds of alleged mismanagement.
23 March 2020: A documentary film was posted on youtube and dailymotion, in which Levi Dewaegenaere explains how the board of LFP I allegedly swindled the fund; this film featured Hans Knoop alocal resident to Dewaegenaere, and Dan Dobry, purporting to be an EU official, which is false.
The link to this film, together with a copy of the writ of summons issued on 20 March 2020, is forwarded by e-mail to the shareholders of LFP I and multiple business associates of the directors of LFP I, in the name of "David Eichler", presumably an identity invented by the perpetrators, imitating "Serge Eicher", who has a managerial position within the CSSF.
26 March 2020: The Commercial Court from Hasselt confirmed the bankruptcy of Wae Newco. Read here..
3 April 2020: The central administration of LFP I, i.e. Amicorp Luxembourg SA, received a notification from a representative of the fund's shareholders that one of its clients has received from an unusual sender a power of attorney to be signed in favour of J.J. Noomen and Me. Ingrid Dubourdieu, in order to (appendix 35 to the present overview):
- To make a written request to the board of LFP I to convene an extraordinary general meeting within one month, which will decide on their resignation and replacement;
- In this context, to make the necessary contacts with the CSSF;
- To vote at the extraordinary general meeting on the resignation and replacement of the directors of LFP I and all possible amendments to be adopted;
At the bottom of the proxy is printed that it should be returned to the address firstname.lastname@example.org, which is not the address of the central administration of LFP I, from where all communications should normally take place, but is used by J.J. Noomen to give the false impression of legitimacy to the EPF shareholders that the proxies are requested from subfund instead of by a third party who has no right to act in relation to the subfund and to address communications to the shareholders; this e-mail address was previously used by J.J. Noomen to write to the shareholders in an unlawful manner in order to influence them by placing the directors of LFP I in a bad light;
The domain name https://equitypowerfund.com is registered on a Dutch server, and the website currently states that it is "Under Construction", stating copyright "(c) 2020 Equity Experts", being the company of which J.J. Noomen is the managing director.
8 April 2020: The management of LFP and its central administration Amicorp Luxembourg SA address a warning to the public and the shareholders that the website httpsss://equitypowerfund.com and any related e-mail addresses, such as email@example.com are not related to LFP I and are unreliable. Read here..
30 April 2020: The request by Levi Dewaegenaere and Inge Caes to have the case withdrawn regarding their exclusion as minority shareholders of Urban Capital Group of Companies on grounds of legitimate suspicion was rejected by the Court of Cassation as unfounded. Read here..
30 April 2020: The board of directors of LFP I received a letter from the Luxembourg lawyer Ingrid Dubourdieu (Fieldfisher office) requesting that an extraordinary general meeting be convened at the request of shareholders representing more than 10% of the shares of LFP I in order to deliberate on the dismissal of the current members of the board, consisting of Jacques Bossuyt, Tudor Fedeles and David Mapley.
Attached to this request are a number of proxies signed by shareholders, all drawn up identically as the model of which LFP I became aware on 3 April.
1 May 2020: LFP I transferred domiciliation agent to SFL S.A.
19 May 2020: UCG Seascape appealed against the decision of 24 December 2019 confirming and extending the appointment of the interim administrator in order to frustrate the extension requested by LFP I.
22 May 2020: LFP I serves a summons on UCG Seascape NV to appear before the 20th Chamber of the Antwerp Commercial Court, Antwerp Division, in repayment of the loan of € 19,956,580 on 23 January 2019.
25 May 2020: CSSF decides to suspend director David Mapley for a period of 4 years preventing him from continuing his work in recovering defrauded assets of EPF and other sub-funds. David Mapley has appealed against the CSSF decision before the administrative court in Luxembourg.
4 June 2020: The CSSF published a warning on its website that it has been informed by the Board of LFP I that the Fund does not have any link to the website https://equitypowerfund.com and any related e-mail addresses. Read here.. .
11 June 2020: The Luxembourg counsel for LFP I addresses a letter to Ingrid Dubourdieu stating that LFP I will not convene an extraordinary general meeting on the basis of its letter dated 30 April 2020 (above), in view of the fraudulent use of the website httpsss://equitypowerfund.com and the related e-mail address firstname.lastname@example.org, in order to obtain proxies from shareholders.
12 June 2020: LFP I issues an interlocutory summons in Luxembourg, inter alia, to prohibit J.J. Noomen and Equity Experts from
1) using the domain name httpsss://equitypowerfund.com and any related e-mail addresses,
2) using the list of identity and address details of the shareholders of LFP I, and
3) communicating with the shareholders with the aforementioned domain name and e-mail addresses.
26 June 2020: The court has ordered Levi Dewaegenaere and Inge Caes to transfer all their shares in the capital of Urban Capital Holding NV to LFP I.
2 September 2020: LFP I filed a civil complaint in Luxembourg against the previous fund manager, Alter Domus Management Company, for breaches to the AIFM agreement and running a "Ponzi" scheme.
15 October 2020: UCG Seascape judicial administrator has role extended by 8 months, by Antwerp court. Judgement page 14:-
- A real risk of serious violation of the interests of LFP I is also apparent from the person of the real rear man (i.e. Levi Dewaegenaere) of UCG Seascape.
- It must be avoided as a matter of urgency that UCG Seascape should once again fall into the hands of Levi Dewaegenaere.
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The directors have instigated the following civil actions resulting from their fraud investigations and the regulatory/service provider
failings of the Equity Power Fund. No reference can be made to any criminal complaints or money laundering complaints,
as per regulations and prevailing laws :-
The following articles are some of the press coverage concerning the fraud investigations and regulatory/service provider
failings of the Equity Power Fund :-
(18/12/20) Lux Times - Investors sue CSSF for not protecting against losses
(11/12/20) LFP I files against Luxembourg regulator CSSF for gross negligence
(23/10/20) CSSF sued for gross negligence, € 100 million damages sought
(14/9/20) Financial Times - Luxembourg financial watchdog sharpens teeth after criticism
(3/9/20) Alter Domus sued over Ponzi scheme Equity Power Fund mismanagement
(9/7/20) Court sentences director linked to EPF fraud case
(30/6/20) Equity Power Fund advisor Dewaegenaere jailed for financial fraud
(19/4/20) Investment Officer - CSSF fails to enforce fund regulation
(6/3/20) LFP I Press Release - LFP sues custodian Quintet for €8 million of EPF losses
(25/2/20) Paperjam - La CSSF dans le viseur des administrateurs d’un fonds
(24/2/20) Financial Times - Luxembourg regulator accused of failing to protect investors
(16/10/19) Expert Investor - LFP sues Urban Capital Group over Equity Power Fund fraud
(28/8/19) Luxembourg Times - LFP accuses Belgian businessman, says millions missing
(3/8/19) Belgian Times Times - Investigation into fraud with Belgian real estate
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