What is constructive fraud?
Editor’s Note: It appears that Ann Elizabet Barnhardt, as the name appears in all databases, may have signed a contract with the disputed party under the name, Ann Elizabeth Barnhardt, to help hide reference of any resulting dispute with her real name.
But what I find curious, is that Barnhardt Capital Management is the new name of Hedgersedge OmniMedia, which appears to be the owner of Hedgers Edge LLC, which had an address associated with Barnhardt in some databases, and which appears to be still operating as hedgersedge.com, and even cited by a subsidiary of Reuters (Rothschilds controlled) as an authority on some Cattle Trading data. There is even an Ann with an email at HedgersEdge.com. This all may explain why Barnhardt is no longer a future trader or Hedger agent, since this arbitration ruling may have irreparably burnt her professional reputation in that sector. However, what I do believe is, that Reuters would never, never, never give credence or public approbation of any entity which is not part of the Globalist system of financial control.
Moreover, I find hard to understand her statement:
Finally, I will not, under any circumstance, consider reforming and re-opening Barnhardt Capital Management,
From her famous letter of Nov. 2011, published by her, here: https://www.barnhardt.biz/the-one-about/the-one-about-my-shutting-down-my-brokerage-letter/
Because according to research done by others, Barnhardt Capital Management is still in existence and files papers with the state government where it is incorporated. And that means that it is still doing business or at least has capital on the books, such as ownership interest in other LLCs.
I am sure that the truth will all come out one day. But I now understand better why she accused one person of being the worst pope in history, and another of being a larcenist. I know the first accusation is constructive calumny, and the other is pure libel.
Finally, the cherry on top of this cake is this, that Ann Barnhardt is known to have converted to the Catholic Faith sometime around 2007, two years before this fraud complaint. And yet, 7 years later, she writes this article, which omits mention of keeping the 10 Commandments as a necessary preparation for a valid baptism or conversion:
So what
I sure hope that is not you, Ann, using a moniker and vpn, violating the terms of your arbitration by denying or dismissing the gravity of your own liability for “constructive fraud, fraud and deceit, misrepresentations and omissions of material facts, excessive trading, failure to follow instructions, aiding and abetting, failure to supervise, breach of contract, breach of fiduciary duty, violation of NFA Compliance Rules 2-2, 2-4, 2-9 and 2-29, violation of Sections 2a(1)(b), 4b, 4c(b) and 13a of the Commodity Exchange Act, violation of CFTC Regulations 33.10, and 166.3,” — Because, if so, some of the other past clients of yours might get upset.
“Oh, what a tangled web we weave,
When first we practice to deceive!”
Could it be a substantial error?
I think you may have it, Father. Perhaps Ann’s theory of substantial error which she attributes to the Holy Father, is a form of projection regarding her contractual promises to the company in this dispute, which took her to arbitration, a thing which only results when one party refuses to admit fault.
Am sincere when hoping for you to have at least some security in this War Zone. It would be very simple for God’s enemies to silence you for your penchant to expose them.
The conceit and arrogance not withstanding; though boring and mundane, the forces of evil are clever enough to know God’s people all too often wear ‘rose-colored glasses’ by choice. The Forces for light MUST awaken to the facts you so often manifest. They must accept the facts based in faith as working for the Holy Spirit really is about the ability to DISCERN THE TRUTH OF EVIL AND TO DO ALL POSSIBLE to STAND OPPOSED IN HOPE regardless the personal cost. Thank-you Br. Bugnolo for your ceaseless work for our benefit with little to no appreciation and reinforcement or help to provide for the current needs of those Catholics/Christians/People TRAPPED in the claws of the dragon through no fault of their own. I’m sorry the significance of your information can’t be absorbed by and accepted by some. In your shoes, I would feel a bit insulted when people REFUSE TO ACCEPT information since as a Br., the Catholic commitment mandates honor, integrity, decency and other Catholics KNOW this. Am amused with the name ‘MULE’ since we all know it’s just a synonym for the word to define the hind end. 🤣🙏🏻👍🏼 You’re so correct in the assessment of the Rothschilds…Rockefellers and all the Trilateral/WEF/CCP Cabal Mafia gang.
Good grief. Why am I not surprised? Projection at its finest.
As I have said before…I’ve always had a bad feeling about her. Too off-putting to even listen to.
In fairness to Ann Barnhardt, you should quote the entire sentence in context:
“Finally, I will not, under any circumstance, consider reforming and re-opening Barnhardt Capital Management, or any other iteration of a brokerage business, until Barack Obama has been removed from office AND the government of the United States has been sufficiently reformed and repopulated so as to engender my total and complete confidence in the government, its adherence to and enforcement of the rule of law, and in its competent and just regulatory oversight of any commodities markets that may reform. So long as the government remains criminal, it would serve no purpose whatsoever to attempt to rebuild the futures industry or my firm, because in a lawless environment, the same thievery and fraud would simply happen again, and the criminals would go unpunished, sheltered by the criminal oligarchy.”
I am not Ann’s apologist and have increasingly been arguing against her position on “substantial error”, but she (or a lawyer acting for her) could possibly argue that she has neither reformed nor re-opened Barnhardt Capital Management.
It is possible that she was prohibited from doing either.
It is also possible that she did not re-open it, because it never closed and that she chose not to reform it.
Language is important; the precise meaning of words is important; but one person’s interpretation may still be different to another’s, even with the exact same words!
A bit like the purposefully ambiguous US “One China” policy declared in 1972:
“The United States acknowledges that all Chinese on either side of the Taiwan Strait maintain there is but one China and that Taiwan is a part of China.”
In securities sector, you cannot be intentionally ambiguous, deceptive, misleading, misinforming, or disinforming. That is not only professionally unethical, it is also illegal when you are offering securities for sale. So if your theory is correct, you are actually saying she is more dishonest, than anything I am saying.
So, Ann was a disciple of the Arch-Heretic Martin Luther and did “convert” before this whole thing went down.
If we take Father Z as a source. Luther hated religious orders, he was an Augustinian and he never believed repentance was possible. He believed you repent when you act like God forgave you, even if you had not given up your desire for sin. Whereas we Catholic believe that repentence is only valid when you utterly repudiate in heart an mind your sin, reckoning not only the act but the desire which moved you to it, as an evil worse than eternal damation, and replace that desire with the love of God above all things as your last and only purpose of life. This is why for long centuries great Catholics never called Lutherans “Christians”, and they are correct on this score, regarding repentance.
Perhaps as with “delving the deeps” for Pope Benedict XVI’s intent, we cannot100% know his intention until he tells us and he cannot or will not tell us because of an impeded see.
Likewise, it would appear, Miss B does not hold public conversations with others, for her own reasons.
That being said when I look at the timeline for curing the delinquency in the history of filings for Barnhardt Capital Management, Inc, (https://opencorpdata.com/us-co/20011119142), I see that this corporation was delinquent in filing reports from July of 2012 through November of 2018 when the delinquency was cured.
Why was the delinquency cured? Why was it cured when it was cured? For what is this corporation used? Is it still a brokerage business?
The intent of those filing reports can only be revealed by the one who filed them. Will she publicly communicate her intent?
What does it mean to curr the delinquency?
I think that “to cure” a delinquency in yearly filing reports would mean to re-file and thus no longer be delinquent in the required yearly reportage.
What the consequences of being delinquent are, I do not know. What the cost of curing a delinquency is, I also do not know.
I’m a fan of your work Brother Bugnolo. May God Bless you for it. I do have a different view on this post about Miss Barnhardt, however with all due respect. (I’m Catholic, an MBA and have 30+ years in agriculture. I’ve managed many legal matters.)
1. What you’ve shown is a summary of an arbitration case in order to indicate AB is some sort of untrustworthy person. Don’t you think it’s possible that operating a Brokerage Firm for trading cattle futures, even perfectly, could create a disgruntled customer? Futures contracts by their nature are risk management tools and either make money or lose money! One bad trade could lose hundreds of thousands of dollars or more! How many trades did AB handle in a day/week/year? People who lose money very commonly look for someone else to blame. True the ruling was in favor of the plaintiffs, and I have no idea the particulars because this summary you’ve provided doesn’t explain what the arbitrators ruled AB’s actions specifically were of concern in this case. We see a plethora of accusations made, (throw everything and see what sticks is a good strategy by the plaintiffs), nowhere does the summary say what AB was found guilty of doing or not doing. The claimants were seeking $455,000 and received $100,000. Without knowing the details- what actually transpired, it’s not fair to judge AB as a bad actor. If she had dozens of cases against her, your argument would be much stronger!
2. Ann’s blog post about joining the Catholic Church includes a few preparatory things to help a person who’s considering joining the Catholic Church-but doesn’t include a statement that a person must keep the Ten Commandments. You’re nitpicking Brother. A blogger isn’t an RCIA class. To highlight this point, I see you mentioned the Ten Commandments but I don’t see where you mentioned keeping the Precepts of the Church… are you guilty also? (no, of course not!)
Hey, TG, I am not a convert, so I do not need to post a statement of faith regarding my conversion. What you say about arbitration may be true, and Ann has had more than 6 months to explain herself. I await that explanation. But as I read the arbitration statement, she was found liable for fraud, constructive fraud etc., which is not merely a mistake in a trade or bad outcome, it is a pattern of operating which is materially dishonest. That is why she no longer trades in futures, she would be banned, no?