<![CDATA[The Facts Matter

<![CDATA[The Facts Matter - News]]>Fri, 13 Dec 2024 14:24:36 -0500Weebly<![CDATA[SAKTO FILES FULL STATEMENT OF CLAIM IN CIVIL PROCEEDINGS AIMED AT PUTTING AN END TO UNSUPPORTED CLAIMS AND ALLEGATIONS BY BRUNO MANSER FONDS]]>Fri, 17 Apr 2020 17:48:09 GMThttps://www.thefactsmatter.ca/news/sakto-files-full-statement-of-claim-in-civil-proceedings-aimed-at-putting-an-end-to-unsupported-claims-and-allegations-by-bruno-manser-fonds5496588

October 20, 2019

Sakto has filed a 612-page Statement of Claim providing evidence that Bruno Manser Fonds ("BMF") and Executive Director Lukas Straumann have waged an ongoing false campaign against the company and its executives, causing severe damage to their reputation.
For years, BMF have levelled allegations of corruption and money laundering against Sakto in print, online, and in person, continuously leveraging their campaign for fundraising purposes.
Lukas Straumann admitted under oath in Canadian court proceedings that he has no evidence of any wrongdoing on the part of Sakto or its executives.
Sakto initiated Swiss court proceedings to restore its reputation and bring the attacks to an end. The company is seeking an end to BMF's unjustifiable and false campaign, and the permanent removal of the defamatory material (approximately 250 publications) from the public domain.
Sakto is also claiming from BMF the so-called "infringer’s profit" – money that BMF raised based on suspicion and conjecture throughout their lengthy campaign.
None of the numerous public authorities BMF attempted to motivate to initiate proceedings against Sakto has ever done so. The burden of proof is now on BMF.

]]><![CDATA[BRUNO MANSER FONDS TO APPEAR IN SWISS COURT FRIDAY, 7 DECEMBER 2018]]>Fri, 17 Apr 2020 17:45:53 GMThttps://www.thefactsmatter.ca/news/bruno-manser-fonds-to-appear-in-swiss-court-friday-7-december-2018

December 4, 2018

This Friday, Bruno Manser Fonds (BMF) will appear in the Civil Court of Basel, Switzerland, to answer a complaint filed by Sakto, a Canadian real-estate company.

In this first hearing, the court will consider: the applicable law (Swiss or Canadian), as well as BMF’s allegation that it is not urgent to order a stop to their defamatory campaign.

Last Friday, BMF appealed for donations to pay their legal bills associated with Sakto’s litigation against them. Noting that BMF spent reportedly over CHF 600,000 of their donors’ money on their failed lawsuit against this Canadian company in Canada this year, the merits of further supporting the legal expenses of this Swiss NGO are questionable. You can read more in this article by Handelszeitung, which raises important questions about BMF’s 8-year campaign as well as BMF's governance, transparency, and accountability.

In February 2018, BMF’s defamatory allegations against Sakto and its principals were dismissed outright in the Ontario Superior Court in Canada. While BMF continue to downplay the result as an obscure legal technicality, Sakto looks forward to demonstrating the facts to the Basel court, and finally bringing BMF’s defamatory campaign to a close.

BMF have used “conjecture and suspicion” in defaming Sakto, but the courts will hold them to a much higher standard: the facts matter.

What is this about?

Sakto is seeking an injunction ordering BMF and Executive Director, Lukas Straumann, to withdraw from the public domain defamatory material used in the NGO’s campaign against the company over the past eight years.

The goal of Sakto’s complaint is for BMF and Lukas Straumann to remove their false and defamatory allegations from the public domain, and to stop their misguided campaign against Sakto and its founders.

BMF and Lukas Straumann spread false statements and made speculative allegations against Sakto through social media channels, websites, blogs, and in-person protests. There are over 1,100 infringing statements and more than 250 publications. The injunction also seeks to prevent BMF from repeating their defamatory comments.

You can read about the Canadian court case and supporting facts here, and the Basel court case here.

You can read our last blog post where we consider important questions about BMF’s governance, transparency and accountability here.

]]><![CDATA[THE FACTS MATTER: GOVERNANCE, TRANSPARENCY AND ACCOUNTABILITY OF BMF]]>Fri, 17 Apr 2020 17:44:01 GMThttps://www.thefactsmatter.ca/news/governance-transparency-and-accountability-of-bmf

September 12, 2018

In the online edition of Handelszeitung published 12 September, it is interesting to read how a Basel-based journalist, Seraina Gross, covers the complex and unusual issues raised by BMF’s 8-year campaign of defamation against Sakto and its founders. Quite rightly, she gave a share of voice to both parties involved. Indeed, this is the first time that a Swiss media has explored in depth the manner in which BMF have waged their campaign, and the implications this may have not only for the legal, but also the moral, conduct of an NGO.

It is easy for NGOs to sling mud at corporations. It is even easier for NGOs to attack individuals. It is easy for NGOs to attract and retain support in the court of public opinion. But an NGO’s leaders, directors, donors, and supporters should never confuse altruism with illegal behaviour and actions, such as those conducted by BMF.

The behaviour of BMF, during this particular 8-year campaign of defamation against Sakto and its founders, raises serious questions about the NGO’s governance, transparency, and accountability.

1. Who are BMF regulated by, as a Swiss Verein? To whom are they ultimately accountable… their donors?

2. Has BMF’s Board behaved correctly in their sanction of this 8-year campaign? Has it been properly informed by Lukas Straumann of the resources devoted to this campaign?

3. Lukas Straumann misinformed the public about the outcome of the proceedings before the Ontario Court of Justice. Did he at least inform the BMF Board or even its donors in an open and honest manner about the true results of the Canadian judge’s decision, i.e., that BMF had no reasonable grounds to believe Sakto or its founders had been involved in any unlawful acts?

4. Have BMF been transparent to their donors and supporters about the significant sums of money and resources they have devoted to a legal campaign in Canada that had no real chance of success and was squarely dismissed by the judge in February 2018? Indeed Justice Dunphy observed that “BMF have run a long and intense multi-front battle, which suggests very considerable financial resources have been devoted to their campaign.”

BMF were ordered to pay compensation for the other parties' legal fees of CAD 176,000 (CHF 134,000).
On top, there were significant fees for their top-notch Canadian lawyers (Bennett Jones).
In 2017 alone, BMF's Annual Report accounts for expenses of more than 1,070,000 Swiss Francs for projects (i.e., roughly half of BMF's earnings), after 470,000 Swiss Francs in 2016.
On top, a substantial portion of working time and, thus, salaries, has also gone into the 8-year defamation campaign.
In Lukas Straumann's words, BMF's investment in that campaign is just money. "We have nothing to lose except money."

5. How can such an anti-money laundering and corruption campaign sit alongside the original mission of Bruno Manser? Indeed, do the BMF supporters know, and approve of, this change in direction by BMF?

6. It was only in 2016 that BMF’s mandate was extended to cover corruption and money-laundering. So how do BMF account for the resources spent from 2010-2016 on this campaign which was not in their mandate?

An NGO should not be beyond the law. It is time for BMF and Lukas Straumann to be held accountable for their words and actions. Their case has been dismissed in Canada. It is time for them to face justice in Switzerland. It is time for them to stop their illegal activities.

Sakto is asking the Basel Civil Court for an injunction, ordering BMF to remove their infringing content from the public domain – more than 1,100 infringing statements and over 250 articles and publications. They would also be ordered to stop repeating their false allegations.

Let’s be clear. This is not an attack on the NGO and its original mission. We simply wish for BMF and Lukas Straumann to remove their false and defamatory allegations from the public domain and to stop their misguided campaign against Sakto and its founders.

]]><![CDATA[REVEALING BRUNO MANSER FONDS’ ILLEGITIMATE CAMPAIGN TACTICS]]>Fri, 17 Apr 2020 17:36:41 GMThttps://www.thefactsmatter.ca/news/revealing-bruno-manser-fonds-illegitimate-campaign-tactics

August 27, 2018

Bruno Manser Fonds have been running their campaign against Sakto since 2010. They have deployed a series of tactics to promote this lengthy and misguided campaign, all of them intended to cause reputational damage against Sakto and its founders.

Here we expose BMF and Lukas Straumann’s three main tactics.

Tactic #1 - Generate reports that authorities have money laundering investigations underway, and get the media to repeat the allegations.

BMF have filed and sent 11 complaints and letters across 6 jurisdictions with various authorities (law enforcement agencies, senior politicians, and even heads of state), and deployed extensive methods to promote each action extensively.

But despite these repeated efforts, no investigations have been pursued. In fact, there has been no third-party validation of these allegations, and not one of their complaints has led to action by any law enforcement agency. Put simply, the legitimate authorities have considered and rejected the BMF allegations against Sakto.

Tactic #2 – Make aggressive use of social media, multiple websites and blogs to create the impression that their allegations of money laundering are valid and widely accepted.

In fact, BMF itself have been the only source of these scandalous claims. They have used their public communications channels to manufacture and spin the allegations.

With each complaint to an authority, they would publish and promote the news in a carefully crafted manner, positioning it as “breaking news” and independent evidence of wrongdoing.

Tactic #3 - Make unproven accusations of money laundering and challenge Sakto to prove otherwise.

There are legitimate taxation and financial authorities who already have lawful access to all of the information required to satisfy themselves of the corporate and financial governance of Sakto.

The privately held corporation operates in full compliance with the strict Canadian and Ontario financial and regulatory oversight regimes and has consistently demonstrated good corporate governance and accountability.

BMF are an NGO. They do not have the authority or competence to force a Canadian, privately held company to disclose confidential information.

These are the main tactics that Sakto and its founders have endured since 2010. Even Justice Dunphy at the Ontario Superior Court of Justice, in considering the full dossier that Lukas Straumann had put forward, observed that BMF have run a long and intense “multi-front” battle, which suggests “very considerable financial resources have been devoted” to this campaign.

The facts matter. There is no money laundering or corruption. BMF and Lukas Straumann’s allegations are based on “suspicion and conjecture, more than evidence”.

An NGO should not be beyond the law and must be accountable for their words and actions. That is why Sakto is obliged to bring legal action against BMF and Lukas Straumann in Switzerland, to put an end to their illegal defamation campaign.

]]><![CDATA[THE FACTS MATTER: REACTION TO BMF BLOG POST 22 AUGUST 2018]]>Fri, 17 Apr 2020 17:35:32 GMThttps://www.thefactsmatter.ca/news/the-facts-matter-reaction-to-bmf-blog-post-22-august-2018

August 23, 2018

Bruno Manser Fonds and Lukas Straumann wrote another blog post on 22 August 2018 in which they ask Sakto's law firm, VISCHER AG, a number of questions. Neither Sakto nor VISCHER AG will discuss the topics raised by Lukas Straumann in public. Sakto has applied to the Basel Civil Court to re-establish the facts and restore its reputation – the Court will decide.

It is clear that being on the defensive is making BMF and Lukas Straumann nervous. Rather than focus on defending their case in Court, they continue to repeat their untrue allegations on Sakto and its founders, attacking even Sakto's law firm.

BMF’s standard behaviour and approach is to put up smokescreens and deflect attention from the real matter at hand. The reason for that behaviour is obvious: BMF and Lukas Straumann are well aware that their so-called "evidence" does not bear scrutiny in Court. Therefore, they have been running a character assassination campaign against Sakto for eight years. For this same reason, they are now trying to silence anyone who aligns themselves with Sakto and the facts.

In February 2018, BMF presented before the Ontario Superior Court of Justice everything they had accumulated against Sakto since 2010 – thousands of pages of so-called "evidence", two affidavits by Lukas Straumann, and a detailed factum (legal argumentation). On top of these, Lukas Straumann attempted to argue his case during six hours of cross-examination… none of that made an impression in Court. The judge squarely rejected BMF's application and made clear that BMF's information dossier is in actual fact based on rumours, hearsay, and media articles and reports, many of which were created by BMF themselves.

BMF's allegations of money laundering against Sakto "depend on conjecture and suspicion more than evidence," Justice Dunphy concluded.

Despite this clear judgment, Lukas Straumann continues to repeat his allegations time and again – and to repeat them as if they were facts. They are not.

An NGO should not be beyond the law. It is time for BMF and Lukas Straumann to be held accountable for their words and actions. Their case has been dismissed in Canada. It is time for them to face justice in Switzerland. It is time for them to stop their illegal activities.

Sakto is asking the Basel Civil Court for an injunction, ordering BMF to remove their infringing content from the public domain – more than 1'100 infringing statements and over 250 articles and publications. They would also be ordered to stop repeating their false allegations.

Let’s be clear. This is not an attack on the NGO and its mission. We simply wish for BMF and Lukas Straumann to remove their false and defamatory allegations from the public domain and to stop their misguided campaign against Sakto and its founders.

]]><![CDATA[THE FACTS MATTER: REACTION TO BMF BLOG POST 20 AUGUST 2018]]>Fri, 17 Apr 2020 17:34:17 GMThttps://www.thefactsmatter.ca/news/the-facts-matter-reaction-to-bmf-blog-post-20-august-2018

August 21, 2018

It was curious to read Bruno Manser Fonds’ blog post, published on 20 August, in response to the news that Sakto has applied for injunctive relief in Switzerland.

BMF claim in their post that Justice Dunphy, of the Superior Court of Justice in Ontario, Canada, did not examine the money-laundering allegations, and that he did not make a statement on them.

This claim is false.

In 2017, BMF took legal steps against Sakto in Ontario, Canada. They submitted seven volumes of information to the Court, and Executive Director Lukas Straumann was cross-examined. The Superior Court of Justice in Ontario dismissed the case on 5 February 2018. The court decision document is available in full here.

The Judge made the following relevant key points:

BMF filed a large volume of information relating to their allegations, yet “much of that information is of the hearsay variety, arising from media and similar accounts”.
BMF’s evidence consists of “suspicions but very little concrete evidence”.
BMF’s allegations against Sakto of money laundering “depend upon conjecture and suspicion more than evidence”.
BMF is “looking not only to determine who committed a particular crime and how, they are looking to find if any crime has been committed at all”.

Importantly, Lukas Straumann’s cross-examination in the Canadian court case proved that his beliefs, assertions, and allegations are not supported by factual evidence, that he is willing to rely on false statements, and that he disregards the rule of law.

The court decision underlines the fact that the court and judge did review BMF’s allegations of money-laundering, and that no government agency has deemed them worthy of investigation – as Lukas Straumann admitted himself below.

6.    1034.         Q.         So, ultimately none of the
7          complaints that you have made to the various
8          authorities have resulted in a prosecution?
9                     Lukas Straumann: Correct.
- Lukas Straumann’s cross-examination, p 221

]]><![CDATA[SAKTO SEEKS TO END BRUNO MANSER FONDS' DEFAMATORY CAMPAIGN]]>Fri, 17 Apr 2020 17:31:21 GMThttps://www.thefactsmatter.ca/news/sakto-seeks-to-end-bruno-manser-fonds-defamatory-campaign

August 20, 2018

Bruno Manser Fonds (BMF) began their campaign against Sakto Corporation (Sakto) in 2010.

For all these years, BMF and their Executive Director Lukas Straumann have attempted to get authorities to investigate alleged money laundering and corruption. Sakto and its founders have endured the spurious claims, false allegations, and defamatory statements.

Their campaign stats look impressive. BMF and Lukas Straumann have filed and sent 11 complaints and letters across 6 jurisdictions around the world. Their accusations against Sakto have been sent to, or seen by, at least 19 individuals that include government authorities and law enforcement agencies, senior politicians, and even heads of state.

What has been the result? Zero. Not one of their complaints has led to action by any law enforcement agency. This was not a surprise to Sakto – they comply with the strict Canadian financial and regulatory rules.

The Superior Court of Justice in Ontario squarely dismissed BMF’s allegations in February 2018. It is now time to draw a line under BMF’s campaign. Sakto is bringing legal action against BMF and Lukas Straumann in Switzerland to put an end to their defamation.

Whatever Lukas Straumann and the NGO want to believe is their private matter. Everyone is entitled to opinions. But repeating their defamatory suspicions and theories in the public domain, making them look like established facts, is unacceptable and unlawful.

Sakto is asking the Basel court for an injunction, ordering BMF to remove their infringing content from the public domain – more than 1,100 infringing statements and over 250 articles and publications. They would also be ordered to stop repeating their false allegations.

Let’s be clear. This is not an attack on the NGO and its mission. We simply wish for BMF and Lukas Straumann to remove their false and defamatory allegations from the public domain and to stop their misguided campaign against Sakto and its founders.

We firmly believe that we have the law on our side, as well as the facts, evidence, and proof that validate our right to be left alone.

BMF’s allegations against Sakto of money laundering “depend upon conjecture and suspicion more than evidence”
- Justice Dunphy, 7 February 2018, Superior Court of Justice, Ontario

Follow us on Twitter (@thefacts_matter) and continue exploring our site to find out more www.thefactsmatter.ca

]]><![CDATA[LITIGATION UPDATE]]>Thu, 13 Feb 2020 05:00:00 GMThttps://www.thefactsmatter.ca/news/litigation-update

DEFAMATION BY AN NGO IS STILL DEFAMATION

After ten years of intensive campaigning, BMF and Lukas Straumann must defend their actions and their words in court. Even before attempting to do so, they reflexively label themselves victims and question the motives of those whose reputation they have attacked for years, claiming to be the targets of a Strategic Lawsuit Against Public Participation (SLAPP). It is important to note that, in Canadian court proceedings in 2018, the judge specifically ruled that BMF was not a public interest litigant.

The law is clear: Neither SLAPP legislation nor Swiss law authorize defamation, which is at the heart of Sakto’s case against BMF and Lukas Straumann. The victim of defamation is entitled to seek assistance from the court – even if the defamer is an NGO.

The Swiss Case is a Defamation Lawsuit
BMF take the position that the defamation lawsuit is an attempt to muzzle them and is strategically filed, rather than legitimately motivated to address defamatory statements and publications. The suggestion is that there is no merit to Sakto’s claim, and that it is being pursued to bankrupt BMF or to force them into settlement because they cannot afford to defend their case.
In fact, the lawsuit is an act of self-defence and a last resort. It was filed only after BMF filed a lawsuit in against Sakto in Canada and failed. Despite the clear ruling in Canada, Sakto remains under attack by BMF, and all of the false allegations remain publicly available. This is a defamation lawsuit, brought with legitimate objectives, and Sakto is confident that the Swiss court will administer justice fairly and impartially.

Background
This legal dispute began when Lukas Straumann and BMF launched a three-quarters-of-a-million-dollar lawsuit in Canada asking the court for powers equal to the police to seize Sakto's financial records. BMF and Straumann had been alleging, for years, that Sakto, and its principals and their families, had been engaged in corruption in Canada, the US, and Malaysia. BMF filed 2500 pages of evidence in the Canadian courts. Lukas Straumann provided extensive evidence through his testimony under oath.
The law in Canada is clear. To access private records, BMF would have to have shown evidence to the court that “there were reasonable grounds to believe a crime had been committed.” “Reasonable grounds” is a basic legal standard that is found throughout the common law world.

Instead:

Lukas Straumann and BMF ADMITTED that their evidence DID NOT amount to reasonable grounds to believe crime had been committed; and
The Judge, after considering all of the evidence, found that the evidence they brought to the court was based on conjecture and suspicion, rather than fact. The judge summarized the BMF information as “of the hearsay variety, arising from media and similar reports”. He concluded “The applicants are looking not only to determine who committed a particular crime and how, they are looking to find if any crime has been committed at all.”

The BMF case was properly rejected. At that point, the BMF campaign should have been abandoned.

However, BMF and Straumann continued to make these allegations of corruption against Sakto. Sakto had no choice but to take steps to end the campaign and restore its reputation as a respected and ethical Canadian company.

Accountable to the Authorities
One theme that pervades the writing on this lawsuit is that Sakto is hiding something that BMF should be entitled to see. Let’s be very clear on this point. Sakto is a successful Canadian business that has been operating in Canada’s capital city for over 30 years. They are subject to, and fully comply with, the laws of Canada. They are fully accountable to the Government of Canada and its financial and law enforcement departments, who, through fair and lawful process, have access to Sakto's records.
BMF – a foreign activist group – have filed complaints with the appropriate authorities in Canada and around the world, including the United Kingdom, Germany, Australia, and Switzerland – none of which was successful. Rather than accept the judgment of the authorities charged with investigating and enforcing the law, BMF dismiss the adequacy of ALL of these agencies.

An NGO is Not Above the Law
BMF and Lukas Straumann are not the police, the tax authority, or the court. Nor have they proven to be a trustworthy arbiter of the truth throughout this campaign. Those with the legal authority to investigate BMF’s allegations have made their decisions.

Conclusion
The defamation lawsuit would have been unnecessary if BMF had respected the judgment of the Canadian court. Continuing the campaign left Sakto and its principals with no option but to pursue legal recourse to restore their reputation. Ceasing the campaign and removing the offending material has always been, and remains, an option for BMF and Lukas Straumann. That is the outcome Sakto seeks

]]><![CDATA[Sakto files full Statement of Claim in civil proceedings aimed at putting an end to unsupported claims and allegations by Bruno Manser Fonds]]>Sun, 20 Oct 2019 15:08:06 GMThttps://www.thefactsmatter.ca/news/sakto-files-full-statement-of-claim-in-civil-proceedings-aimed-at-putting-an-end-to-unsupported-claims-and-allegations-by-bruno-manser-fonds

October 20, 2019 - Ottawa

On 27 September 2019, Sakto has filed its full Statement of Claim with the Basel Civil Court in the proceedings against BMF and their Executive Director Lukas Straumann. The main proceedings have now definitely started.

BMF have, for years, run a campaign against Sakto and its executives, falsely blaming them of having committed criminal offences. According to BMF's allegations, it is an established fact that Sakto and its executives are involved in corruption and money laundering and form part of a criminal organization.
By making aggressive use of social media, multiple websites, and blogs, BMF have created the impression that these allegations are valid and widely accepted.

The image BMF have created is false and intended to damage Sakto's reputation and business.
The fact is that Sakto is a well-regarded Canadian company which complies with the law and is audited annually. It has successfully proven in Canadian Courts that the BMF allegations are false; nonetheless BMF continue their campaign.

Sakto has had no choice but to take BMF and its executive Director Lukas Straumann to Court in Switzerland in order to bring an end to the defamatory campaign.

It is easy for NGOs to sling mud at corporations and to attack individuals. BMF's goal is to attract and retain support in the court of public opinion with this type of scandalous attack.

In the court proceedings, BMF must now justify their – untrue – allegations under the standards imposed by the law. BMF alone bear the full burden of proof for their allegations that Sakto and its executives have committed criminal offences.

At least eleven prosecutors and other public authorities in at least six jurisdictions, all of them contacted by BMF in the course of their campaign, have examined and rejected BMF's allegations. The so-called 'dossier of evidence' presented by BMF does not even suffice to establish an initial suspicion that any criminal offences have been committed. None of the numerous public authorities BMF attempted to motivate to initiate proceedings against Sakto has ever done so.

Furthermore, BMF initiated court proceedings against Sakto in Ontario, Canada, in 2018. Under oath, Lukas Straumann stated before the court; BMF were unable to prove any criminal offences had been committed.
The BMF campaign against Sakto has been based on "conjecture and suspicion" (Superior Court of Justice, Ontario/Canada), rather than facts. It is illegal and seriously violates the personal rights of both Sakto and its executives.

The purpose of the claim is to obtain the permanent removal of the defamatory material (about 250 publications) from the public domain.

In addition, Sakto has invoked its statutory right which will oblige BMF to account for the ways in which they raised money to finance their defamatory campaign by giving access to their financial records. Sakto is claiming from BMF the so-called "infringer's profit," i.e., the money that BMF raised as a result of their defamatory campaign.

Sakto's legal action is aimed at re-establishing the truth, removing false statements, and restoring its reputation. Sakto will vigorously pursue this lawsuit to ensure justice is done, and that BMF's defamatory campaign is brought to an end.

An NGO should not be beyond the law. It is time for BMF and Lukas Straumann to be held accountable for their words and actions.

Sakto is looking forward a successful resolution of this lawsuit.

]]><![CDATA[Sakto Lawsuit against Bruno Manser Fonds is Moving Forward]]>Thu, 23 May 2019 11:08:00 GMThttps://www.thefactsmatter.ca/news/sakto-lawsuit-against-bruno-manser-fonds-is-moving-forward

May 23, 2019 - Ottawa

Sakto Corporation (‘Sakto’), a mid-size Canadian real estate company located in Ottawa, is suing the Bruno Manser Fonds (BMF) and its Executive Director Lukas Straumann for defamation. BMF have engaged in a multi-year campaign making unfounded allegations, and Sakto is taking serious legal action to stop them.

Sakto has confirmed that it is turning its full legal attention to bringing Bruno Manser Fonds to trial for defamation. Sakto filed main civil court proceedings against BMF with the Basel Civil Court in January 2019 seeking to put an end the BMF active campaign against Sakto.

In February 2019, the Court ruled an urgent injunction was not warranted, mostly due to the passage of time since BMF began their campaign some 10 years ago. Today, the Basel Court of Appeal confirmed that decision.

“With this preliminary matter closed, Sakto can focus on the main proceedings for a finding of defamation,” said Thomas Weibel, attorney at law and partner at VISCHER in Switzerland. “We look forward to bringing an end to Lukas Straumann’s admitted 'name and shame' campaign, once and for all.”

As part of the main proceedings, Sakto has invoked its statutory right to claim so-called “infringer’s profit”, i.e., the money that BMF raised in running their lengthy campaign at the expense of Sakto’s reputation. This will oblige BMF to account for the ways in which they raised money to finance their defamatory campaign.

Bruno Manser Fonds is also under criminal investigation. The Basel Prosecutor's Office is investigating their campaign against Sakto. The criminal investigation against those responsible at BMF relates to alleged libel, false accusation, but also fraud and misappropriation of donated funds.

Sakto recently wrote to BMF’s Board of Directors to question the legitimacy and validity of the campaign against Sakto and its founders in Canada, asking about any measurable benefits to the indigenous tribes and the rainforest in Malaysia after Lukas Straumann’s decade-long effort.

“Lukas Straumann already admitted in Canadian court proceedings that he does not have reasonable grounds for his allegations,” added Weibel. “Sakto has made clear that the proceedings against BMF are intended to bring the public campaign to an end and to have the defamatory allegations against it retracted and deleted.”

For more information regarding these matters, please visit theFactsMatter.ca. An infographic detailing tactics used by BMF throughout this unjust campaign can be found at https://www.thefactsmatter.ca/bmf-tactics.html.

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