UNITED STATES DISTRICT COURT for the

Central District of California

Chuck Foster Plaintiff

v.

Civil Action No. SACV14-0004-AG-DFMx; consolidated with SACV14-0012-AG-DFMx

Theresa Keeping Defendant

PRODUCTION OF DOCUMENTS

Production of Documents by Daniel Villeneuve and Colleen Oliver pursuant to Subpoena to Produce Documents dated August 29, 2014

To: Chuck Foster 8941 Atlanta Ave. #512 Huntington Beach, CA 02646

Dated at the City of St. John's, in the Province of Newfoundland and Labrador, Canada, this 15th day of September, 2014.

Daniel Villeneuve / Colleen Oliver

Fwd: [SPAM] STATEMENT OF EVENTS ON WISHCRUISE PIRATES ...

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Subject: F'M:l: [SPAM] STATEMENT OF EVENTS ON WISHCRUISE PIRATES & WISH CRUISE NAVY From: Daniel J Villeneuve <dan.villeneuve@vinking.ca> Date: 12/09/2014 7 :42 AM To: Colleen Oliver <c.oliver@vinking.ca>

Daniel J Villeneuve President/CEO VinKing Marine Enterprises Inc. dan.villeneuve@vinking.ca

Begin forwarded message:

From: Theresa Keeping <theresa.artist@me.com> : Subject: [SPAM] STATEMENT OF EVENTS ON WISHCRUISE PIRATES & WISH CRUISE '. NAVY ; Date: 9 April, 2013 6:11 :15 PM NOT I

· To: Dan Villeneuve <dan.villeneuve@vinking.ca>, Colleen Oliver <c.oliver@vinkinq.ca>, Dale Merkel <dale.merkel@vinking.ca>, theresa keeping <theresa.artist@me.com>

STATEMENT OF EVENTS ON WISHCRUISE PIRATES & WISH CRUISE NAVY

Dale and I were asked to join Dan Howard and his friends Chuck Foster, Mary Anne Mercer and ~ John Blink , and Dan's girlfriend Mary Carson, in LA, he Danny Howard said he had us rooms on ~ the Queen Mary and they v.iould take us around Longbeach together as their guests. We were not ; there long Vvtlen they presented us v.iith a book that they had compiled about WishCruise Pirates j Adventure. It was a Partnership\ lnvesbnent Oppertunity that they were presenting to us.

'. We first met v.iith Danny Howard and Mary Carson in Las Vegas on 23 to 25 Jan, 2013. We : stayed at the MGM Grand, we went to two shows during this time and we had a good time v.iith our ~ friends dinners, and also entertainment. We saw Rod Stewart on the 23rd and Lady Gaga on 25 ; January. Both Danny Howard and Mary Carson joined us as our guests to the shows .

j They invited us to join them in Las Vegas, with their friends mentioned above, for dinner at The ' Circus Circus, on the 24. The guests sitting at the table were Dale Merkel and myself seated next : to Chuck Foster, Mr. Foster spoke continuously about the investment possibilities off a partnership . , opportunity in the Wish Cruise Navy and Wish Cruise Pirates Corporation. : ; I was compassionate about Wish Cruise Pirate, only because I was inspired by the story behind l '. the beginning of the company and Mr. Foster said it started v.iith a young boy Vvtlo died v.iith cancer. '

We wanted some time to look at all of the information presented to us and think about the Vvtlole situation. We were asked to sign Vvtlat we believed to be a confidentiality about this company W ish Cruise Navy and Wish Cruise Pirates. we v.iould not let them pay for hotels on the Queen Mary we wanted to pay for the hotel.

Eventually and because Danny and Mary were supposed to be my friends, Dale & I agreed to contributing to contributing to the building of the Pirate Ship, we were told that they had ~ned up

12/09 / 2014 10:51 AM

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l other sponsors and contributors to considerably reduce the price tag of approximately 1 million · dollars. We asked for an exact quote, they proceeded to introduce us to the shipbuilder, Gamble ; industries Inc. we met with Robert Stein. He showed us around his shipyard. I

We then left for Canada and we YA'len about our regular business.

l ; Soon they said they needed us to inject approximately 53,500 to cover the plans for the ship, and ; that the quote for the ship would come. Sometime later with only two days to inject and still no firm I quote they wanted over 1.5 million to build the ship, and said we were responsible to pay for it. ~ They informed us that the bid to built the ship would be 1.5 million, we were quite surprised and of l course were not going to send them any money. I

'. The bid they sent is below We were not satisfied and Dale asked if he could talk to Gambo ! Industries .Chuck Foster said the price went up because he wanted the ship ready for Veteran ! Day, Mr. Foster took it upon himself to change the delivery date off this ship and escalated the ~ cost without even discussing it with us and the other investors. Because he wanted this ship for '. Veterans Day in the USA We were displeased and wanted proof of a proper bid from the Ship ! builder. We also were only to share with other investors, and when we asked them who else was i investing and what amount of money they did not have any investors. They had lied to us. f I

j THIS IS IN AN EMAIL FROM CHUCK FOSTER 1 Theresa/Dale --' · The shipbuilding Agreement and related WishCruise PIRATE expenses require deposits from i the Canadian bank into the U.S./Nevada account as indicated below The initial March 25 ; expenses will include payment and/or deposits for site preparation, engines, generators, : bow-thrusters, masts and 30,000 lbs (15 tons) of treated steel, labor, etc. 1 (We were told that these VJere the items they Vt()Uld find sponsors for. Now they wanted us to pay . for them up front.)

: Note: I rejected the proposed "direct deposits" to Gambol's account preferring I and/or Dan hand ! deliver each check and use that opportunity for personal progress inspections and the ability to : discuss any related issues .. . ( $ XFER DATES AMOUNTS : Mar 25 $ 425,000 Initial expenses will include deposits for engines, generators, bow thrusters, · masts and 30,000 lbs (15 tons) of . 1-Apr 20 $ 106,625 : 2-May 18 $ 106,625 '. 3-Jun 15 $ 106,625 t 4-Jul 13 $106,625 ; 5-Aug 10 $ 106,625 ; 6-Sep 17 $ 106,625 '. 7-0ct 05 $106,625 : 8-Nov 02 $ 106,625 ' F/Nov 05 $ 130,000 (*) earlier final payment date if boat delivered prior to Nov. 1. Remaining

BANK balance reserved for needed payment adjustments, additional equipment, insurance, registration, etc.

A Total of $1,408,000.

We than called Danny Howard and we told him that we are not interested in this project and not moving forward and they 'M:>Uld not receive one more dime from us. In fact we had checked out Chuck Foster on the Internet and what we had found on him was quite concerning. I told Danny that we had never received a bid from the shipbuilder and that I could only believe this shipbuilders

12/ 09/201410:51 AW

Fwd: [SPAM] STATEMENT OF EVENTS ON WISHCRUISE PIRATES ...

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! price had to be different from the one above that we were given by them. ; He said that he wanted us to rectify the problems he M>Uld call Chuck Foster himself and that he ; felt sure we would get a proper bid for the ship and the amount of donations they had already t received and the amount that they M>uld respectively try to have us put in and that we would hear I from him shortly. I

! i WE THAN GOT THIS SHIPBUILDERS BID '. The shipbuilder price was different the amount below was fora rush build by Veteran Day · otherwise 1 to 1.15 million

325,000.00 121,875 x 7= 853, 125; 130,000.00

1 1,308, 125 1 ( There is a huge difference in the price) f We did feel that they were not dealing fairly, in good faith and we lost the element of trust, refusing ; to send them any more money.

i ! Than the harassment started from Chuck Foster. Daily emails, phone calls , harassment of our '. Business Manager Mel Loewen, Calls to TS Signs, company in Ft.McMurray, Employees at my i company Port Harmon in NL, Getting personal information from my bank. \

~ Theresa Keeping & Dale Merkel

! This is information that was sent to me from Mr. Foster.

l ; California Penal Code Section 506 - Embezzlement i 506.Every person otherwise entrusted with or having in their control, property for the use of any '. other person, v.tio fraudulently appropriates it to any use or purpose not in the due and lawful I execution of their trust, or secretes it with a fraudulent intent to appropriate it to such use or ; purpose .. . or v.tio appropriates money for any use or purpose, other than for that Ytlhich it was I intended is guilty of embezzlement.

'. WishCruise NAVYtm i MAKING A DIFFERENCE ... ; Capt. Chuck Foster/Fleet Operations r T: (657) 464-9742; C: (702) 449-8712 ; E: captainchuckfoster@wishcruisenavv.org ; W: www.wishcruisenavv.org I

l TIME SENSITIVE NOTICE

12/ 09/ 2014 10:51 AM

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Subject: Foo: STATEMENT OF EVENTS ON WISHCRUISE PIRATES & WISH CRUISE NAVY NEW ONE From: Daniel J Villeneuve <dan.villeneuve@vinking.ca> Date: 04/07/2013 2:37 PM To: Colleen Oliver <c.oliver@vinking.ca>

Begin forwarded message:

; From: Theresa Keeping <theresa.artist@me.com> ! Subject: STATEMENT OF EVENTS ON WISHCRUISE PIRATES & WISH CRUISE NAVY ; NEWONE ~ Date: 9 April, 2013 7:27:27 PM NOT '. To: Dan Villeneuve <dan.villeneuve@vinking.ca>

' · Dan please ignore the first statement & review this one

STATEMENT OF EVENTS ON WISHCRUISE PIRATES & WISH CRUISE NAVY

Dale and I were asked to join Dan Howard and his friends Chuck Foster, Mary Anne Mercer and

~ John Blink , and Dan's girlfriend Mary Carson, in LA, he Danny Howard said he had us rooms on

: the Queen Mary and they would take us around Longbeach together as their guests. We were

l not there long when they presented us with a book that they had compiled about WishCruise

~ Pirates Adventure. It was a Partnership\ Investment Oppertunity that they were presenting to us.

i We first met with Danny Howard and Mary Carson in Las Vegas on 23 to 25 Jan, 2013. We

stayed at the MGM Grand, we went to two shows during this time and we had a good time with

1 our friends dinners, and also entertainment. We saw Rod Stewart on the 23rd and Lady Gaga

! on 25 January. Both Danny Howard and Mary Carson joined us as our guests to the shows .

' I They invited us to join them in Las Vegas, with their friends mentioned above, for dinner at The

l Circus Circus, on the 24. The guests sitting at the table were Dale Merkel and myself seated

next to Chuck Foster, Mr. Foster spoke continuously about the investment possibilities off a

partnership opportunity in the Wish Cruise Navy and Wish Cruise Pirates Corporation.

! I was compassionate about Wish Cruise Pirate, only because I was inspired by the story behind

~ the beginning of the company and Mr. Foster said it started with a young boy who died with I t cancer.

'. We wanted some time to look at all of the information presented to us and think about the whole

situation. We were asked to sign what we believed to be a confidentiality about this company

Wish Cruise Navy and Wish Cruise Pirates. we would not let them pay for hotels on the Queen

Mary we wanted to pay for the hotel.

12/09/201410:48 AM

Fwd: STATEMENT OF EVENTS ON WISH CRUISE PIRATES & WISH ...

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r Eventually and because Danny and Mary were supposed to be my friends, Dale & I agreed to

i contributing to the building of the Pirate Ship, we did not know at this time how much and they did

l not even know how much they would need to build the ship, we were told that they had lined up

: other sponsors and contributors to considerably reduce the price tag of what they thought could

I be approximately 1 million dollars. We asked for an exact quote, they proceeded to introduce us

! to the shipbuilder, Gamble industries Inc. we met with Robert Stein. He showed us around his I

~ shipyard. No quote was given to us.

~ We then left for Canada and we when about our regular business.

i 1 Soon they said they needed us to inject approximately 53,500 to cover the plans for the ship, .

i and that the quote for the ship would come. Sometime later with only two days to inject and still no j : firm quote they wanted over 1.5 million to build the ship, and said we were responsible to pay for ·

! it. They informed us that the bid to built the ship would be 1.5 milHon, we were quite surprised and

! of course were not going to send them any money.

The bid they sent is below.We were not satisfied and Dale asked if he could talk to Gamba

Industries .Chuck Foster said the price went up because he wanted the ship ready for Veteran

i Day, Mr. Foster took it upon himself to change the delivery date off this ship and escalated the

~ cost without even discussing it with us and the ot_her investors. Because he wanted this ship for

i Veterans Day in the USA. We were displeased and wanted proof of a proper bid from the Ship

builder. We also were only to share with other investors, and when we asked them who else was

investing and what amount of money they did not have any investors. They had lied to us.

THIS IS IN AN EMAIL FROM CHUCK FOSTER

! Theresa/Dale --

. · The shipbuilding Agreement and related WishCruise PIRATE expenses require deposits

; from the Canadian bank into the U.S./Nevada account as indicated below. The initial March 25

expenses will include payment and/or deposits for site preparation, engines, generators,

bow-thrusters, masts and 30,000 lbs (15 tons) of treated steel, labor, etc. !

1 (We were told that these were the items they would find sponsors for. Now they wanted us to pay ;

' I ! for them up front.)

' ' Note: I rejected the proposed "direct deposits" to Gambol's account preferring I and/or Dan hand ! deliver each check and use that opportunity for personal progress inspections and the ability to ! discuss any related issues . . . f

$ XFER DATES AMOUNTS

Mar 25 $ 425,000 Initial expenses will include deposits for engines, generators, bow thrusters,

masts and 30,000 lbs (15 tons) of

1-Apr 20 $ 106,625

2-May 18 $ 106,625

3-Jun 15 $ 106,625

12/09/201410:48AM

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i 4-Jul 13 $ 106,625 . ; 5-Aug 10 $ 106,625

: 6-Sep 17 $ 106,625

; 7-0ct 05 $ 106,625

l 8-Nov 02 $ 106,625 I i F/Nov 05 $ 130,000 (*) earlier final payment date if boat delivered prior to Nov. 1. Remaining '

BANK balance reserved for needed

payment adjustments, additional equipment, insurance, registration, etc.

A Total of $1,408,000.

; We than called Danny Howard and we told him that we are not interested in this project and not • i moving forward and they would not receive one more dime from us. In fact we had checked out I

~ Chuck Foster on the Internet and what we had found on him was quite concerning. I told Danny

; that we had never received a bid from the shipbuilder and that I could only believe this

: shipbuilders price had to be different from the one above that we were given by them.

~ He said that he wanted us to rectify the problems he would call Chuck Foster himself and that he

i felt sure we would get a proper bid for the ship and the amount of donations they had already

i received and the amount that they would respectively try to have us put in and that we would hear

! from him shortly.

l WE THAN GOT THIS SHIPBUILDERS BID

; The shipbuilder price was different the amount below was fora rush build by Veteran Day l otherwise 1 to 1 .15 million

i 325,000.00

121,875 x 7= 853, 125; ~ 1 130,000.00

; 1,308,125

1 ( There is a huge difference in the price)

! We did feel that they were not dealing fairly, in good faith and we lost the element of trust, i j refusing to send them any more money.

l Than the harassment started from Chuck Foster. Daily emails, phone calls , harassment of our

I Business Manager Mel Loewen, Calls to TS Signs, company in Ft.McMurray, Employees at my

'. company Port Harmon in NL, Getting personal information from my bank. ; I ! Theresa Keeping & Dale Merkel

12 /09 /2014 10:48 AM