Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #9

[MistyWaters]

I was wondering about the line of succession when I was reading Canlii. The Star filed a motion to have access to the Sherman estate documents, but the judge ordered them sealed for two years.



CanLII - 2018 ONSC 4706 (CanLII)

The Sherman wills would only stipulate who became the beneficiaries of the Apotex shares. The shareholders (owners) of a private company either become the Board of Directors or appoint a knowledgeable Board to oversee the management of the company, who are legally required to act in the shareholders best interests.

Upon his death, Barry was Chairman of the Board but I’ve not noticed it ever published who took over that position and it’s not always a shareholder. Because Apotex is a private company, it’s not required to disclose its ownership structure or who serves on the Board. The Board also appoints a CEO who oversees day-to-day operations (reporting directly to the Board), in this case Jack Kay, upon the departure of Desai. After he resigned, Desai’s role of CEO/President was split and Jeff Watson became President (and COO).

Our Leadership

 

[Satchie]

Does anyone have an idea why Teva would drop Sandhu from the lawsuit? They said they didn’t settle with her.

From that article, the judge's decision appears to be that Teva can't sue their own employee for breaching computer security and stealing trade secrets, because Teva itself had authorized her to have access to those things (kind of a duh, for me)

IMO, they would have to file a different lawsuit against her for breaching her confidentiality agreement, which would likely be a minor issue in the courts, especially if they can't show any specific monetary damage to their business.

The judge did say Desai/Apotex could be sued, by contesting they had indirectly breeched computer systems and obtained trade secrets. IMO that would involve some kind of theory that Sandhu was pressured to pass information on to Desai, and he was doing it for the sake of his employer. It seems to me an impossible theory to prove, unless they had threatening emails from Desai to her company account, or something like that.

I really wonder who this 'former employee of Apotex' was, who brought the allegations to Teva, and what kind of motive they had. Like, maybe revenge against Desai and Apotex.

I also think that lawsuits don't mean the same thing to drug companies (or Barry Sherman) as they do to the rest of us. It appears to be considered the cost of doing business. They have the lawyers on staff. It could even be used as a kind of publicity stunt, with the purpose of embarrassing a rival and driving a disliked CEO from his job.

ETA I don't remember how much in damages Teva was claiming in their suit.

 

[Satchie]

Thankyou, very interesting, I dont believe for a second he “resigned”
Must have been something very big or huge dissatisfaction with him for Apotex to want him gone immediately despite the turmoil the company was in.
Was his job only safe as long as Barry Sherman was alive? He obviously condoned his antics.
I imagine the best revenge for Teva or even his mistresses family would be to have De Sai lose his job, but I concede it sould have been easier to just kill De Sai.

I don't entirely agree that the termination of Desai under those circumstances is unusual. If he was Barry Sherman's appointee, then as soon as Barry was gone, his position was on the line: it's like that for any CEO. No one wants a prolonged power struggle in a company, it wastes enormous energy.

It might also have been a decision the family made, because of the bad publicity from the lawsuit. They may have wanted to resolve it ASAP. However, if they settled with JD still on staff, it might look like a coverup.

 

[deugirtni]

I always found the timing of Desai's presumed termination interesting.. the press conference on the day police revealed it was a double homicide - was the same day Desai was terminated. Police mentioned during the press conference that they had had difficulty accessing some evidence specifically in Barry's office. I always wondered if Desai was withholding LE's access to things, and I 'envisioned' that when the fam was advised of this by the police, they immediately had him dismissed. Just my theory.

The Canadian Press
Published Friday, January 26, 2018 3:05PM EST
Last Updated Friday, January 26, 2018 4:56PM EST
Apotex spokesman Jordan Berman said the privately-owned company does not comment on matters before the court and declined to provide details on Desai's departure other than to note he left "to pursue other opportunities."

"We thank Jeremy for his contributions and wish him success in the next phase of his career," Berman said in an email.

Apotex said Friday that Jack Kay, who previously served as CEO for the privately-held company, will once again step into the chief executive role while also maintaining his current position as vice-chairman.

Jeff Watson, who has 25 years with the company including most recently as president of global generics, has been appointed to the role of president and chief operating officer.
....
Police said Friday [same day] they believe Sherman and his wife were both murdered.
Apotex president and CEO steps down amid allegations of trade secret leaks
--------

January 26, 2018 / 4:06 PM
TORONTO (Reuters) - Canadian pharmaceutical billionaire couple Barry and Honey Sherman were murdered in a targeted killing, Toronto police investigators said on Friday in their first detailed comments on the case since the couple’s bodies were found on Dec. 15.
....
Separately, Apotex said on Friday that its Chief Executive Jeremy Desai had resigned and would be replaced by his predecessor and company co-founder Jack Kay.
....
An Apotex representative said Desai’s departure was not related to Teva’s lawsuit against Apotex.
Canadian pharmaceutical billionaire couple was murdered: police | Reuters
--------

From the press conference on same day, January 26, 2018:
Susan Gomes at 1:25
"We are in the process of attaining, or have executed, twenty judicial authorizations, and searches. Legal complexities, and some executions have been challenging, given the litigious nature of Barry Sherman's businesses, in particular the search and seizure of electronics in Barry Sherman's workspace at Apotex."

 

[Mercedes]

Bump

 

[MistyWaters]

I don't entirely agree that the termination of Desai under those circumstances is unusual. If he was Barry Sherman's appointee, then as soon as Barry was gone, his position was on the line: it's like that for any CEO. No one wants a prolonged power struggle in a company, it wastes enormous energy.

It might also have been a decision the family made, because of the bad publicity from the lawsuit. They may have wanted to resolve it ASAP. However, if they settled with JD still on staff, it might look like a coverup.

I think it’s a matter of corporate due diligence that upon the death of the founder, the function of CEO and President of this very large private company was separated into two different and distinct roles. It’d be very unusual for some of the responsibilities to be removed from the existing CEO/President and still retain him in the partial position. When roles of high level corporate management are restructured, that different people are placed in those capacities is very typical.

I also agree that lawsuits fought amongst drug companies, or other corporations dealing with patents or trade secrets do not mean the same as it does to the rest of us. It seems legal rulings and settlements are a part of doing business in that type of competitive market.

 

[Mercedes]

For virtually every piece of information about this case published by the media, it seems to becoming possible to find a contradiction.

This was reported yesterday, just prior to the press conferences. The realtor states the bodies were positioned on the steps leading to the pool, thought it was some sort of leftover Halloween joke.


The Toronto real estate agent who found the bodies of billionaire drug czar Barry Sherman and his wife Honey thought the scene was a Halloween hangover.

The deaths of the prominent couple have rattled the intersection of Canadian business, society and politics raising two questions: Why? and Who?

“This is a joke, something left over from Halloween,” the agent told CBC News, asking the network not to identify him.......

.......My clients weren’t really interested in the pool,” the agent said, adding they had a peak anyway. “We could see through the large glass door. [The bodies] were on the steps leading to the pool.”

He thought to himself: “What’s with these rich people … who does this?”.....”
Agent who found Shermans dead thought bodies were Halloween prank

ETA - this was originally reported by CBC and included another interesting detail iirc but I can’t find it. I think CBC overwrote it with yesterday’s press conference. The realtor and his clients arrived slightly early and were let in the house by the housekeeper. Then Shermans realtor arrived shortly thereafter. Did either use the lockbox, was the key still in the lockbox, we don’t know.

Why didn’t the housekeeper notify the police?

 

[Mercedes]

Yes, that could very well be if they expected the bodies to go discovered until two days later, on the Friday.

I’m wondering about a typical Thursday routine. It’s a very gruesome though but how often might’ve Honey’s children stopped by or how often did she babysat her grandchildren? Perhaps because she had planned to leave for Florida the following Monday and the house was recently listed, the routine had changed.

Why was a gardener inside the house? I guess I am not “rich” enough!

 

[Mercedes]

That TPS, the Court Judge who sealed warrants, the Coroner/Pathologists involved in the autopsy, the Sherman family, friends, associates and the PI team ALL believe both deaths were a result of homicide

Up until a month after the autopsy it seemed like the coroner was undecided and Senior members of TPS (the only people having access to ALL evidence) certainly thought it was murder suicide. The family didn't believe it, but they had zero evidence when they formed their opinion, and the legal team that they hired are simply in place to reenforce that opinion.

So basically, if I have this straight, you and everybody here are basing your beliefs on the opinions of one man, a retired coroner, over the opinions formed by a team of 50 police officers?

And you don't find it strange that after a meticulous six week investigation in the house, police chose not to even eliminate persons known to be in the house by collecting samples? This is akin to someone telling you they've taken your car on a comprehensive test drive without ever having the key.

So why have TPS not done the very first task needed following evidence collection? Very likely because in six week in that house they found absolutely nothing pointing to an intruder or that supported a double murder scenario. On the other hand, we already know that they DID find evidence that supported murder/suicide theory, otherwise they wouldn't have championed the idea for more than a month. I think it is clearly obvious that after TPS announced that this was a double murder, they stopped seriously investigating this case. To say "stopped" is a bit misleading because to stop would actually mean they actually started, which they clearly didn't.

So if we are going to base our beliefs on the opinion of Greenspan's pathologist, we should all be aware of a couple of things.

- He is working for Eddie Greenspan, the person hired by the family to decry the Murder/ suicide scenario. His opinion should be considered tainted from the outset.

- His opinion that the couple was murdered due to marks on their wrists that suggested binding was reached without him ever seeing the Sherman's wrists, as the coroner had removed that skin after the first autopsy. And yet after that autopsy, TPS still believed this was M/S. So either those marks aren't as telling as advertised, or the coroner is completely incompetent.

- His opinion that the couple was strangled elsewhere and staged in the pool area is based on what? Because we know Honey Sherman certainly was, regardless of which scenario you believe. Do their injuries match, and can he say this with 100% certainty? I would guess not.

Lastly, lets talk about Kerry Winter. I feel that because he is a "Common man", a person with addictions (that he has overcome), and a man that happens to have been involved in a legal battle with Barry Sherman, that his opinion and insights have been marginalized, if not completely dismissed.

Regarding the marks on the wrist opinion, I am sure the coroner and/or police investigators took copious amounts of photographs of the decedents. IMO

 

[Mercedes]

Once all the court challenges are over, it might take years to pay off your own legal fees plus the costs awarded to the other side. There are various court supervised strategies the winning side uses to collect: you may have to sell assets or it might get taken off your wages. Like with any other debt, some peope declare bankruptcy.

Satchie,
In my humble opinion, some legal debts cannot be discharged in bankruptcy, for example, fraud. (In the U.S. at least.)
Mercedes

 

[Mercedes]

A few hours after the police arrived, an officer spoke to the media waiting outside the house (in the cold/dark night). He said something to the effect "we have no signs of forced entry". Reporters got really excited.

Here is what the police chief says about that statement:

"The reason police initially said that “there was no sign of forced entry” was because the north Toronto neighbourhood where the Shermans lived had seen a spate of break-ins and the officer was trying to reassure the public. “That community was incredibly alarmed,”" Family of Barry and Honey Sherman offers $10-million reward for information on murder of billionaire couple | The Star

The police spent six weeks on the site, and I'm sure during that time they figured out how the intruders got in.

Greenspan's criticism was that police did not immediately detect how intruders got in, and therefore were incompetent in declaring 'there were no signs of forced entry'.

I disagree: Naturally police would examine all the windows and doors for signs of break in. Evidently there were no obvious signs like broken glass or a busted door lock. Unfortunately the Shermans had no security system, no cameras and were reputedly careless about locking doors. Imagine how shocked police were to discover that. Plus, there was a realtor's lock box. Police had a lot of work yet to do to consider all those issues, in order to figure out exactly how entry was made.

Great! Reassure the public by lying to them.

 

[MistyWaters]

Great! Reassure the public by lying to them.

It’s appears to be a fact there was no forced entry.

LE, in Canada anyway, after a homicide is discovered LE commonly make the statement of “forced entry” as opposed to “no forced entry”. What it typically suggests is if there were obvious signs of doors being kicked in or windows broken to gain access to a residence (ie definition the word “forced”). However in this case “no forced entry” was instantly misinterpreted to indicate LE possibly knew it was an inside crime.

Saunders defended the comment here and Greenspan for certain is aware “no forced entry” does not exclude other means of “entry” which were not “forced”. Instead, he just rode along with public sentiment I guess.


“In that same news conference, Greenspan was highly critical of the Toronto Police Service’s investigation into the deaths of Barry and Honey Sherman, and described the crime scene investigation as falling “below the standard.”

He took issues with several parts of the investigation, including initial comments from the police that there were no signs of forced entry into the home and no suspects being sought. Greenspan called the assessment a “misguided and unfounded conclusion that left the wrong impression that this was a self-inflicted crime.”

Saunders defended the comment, saying the officer who said it was referring to string of incidents that had previously occurred in the neighbourhood. There were a number of break-ins in the area, Saunders said, and residents “feared for their lives.”

“The ability of selecting segments of a comment I think is a process that also leads to being misled,” Saunders said. “I will say it could have been worded differently, but there was no official stance by the Toronto police when it came to we are not looking for anybody.”...”
Lawyer divulging details of how Sherman bodies were found could impact case: Saunders

 

[MistyWaters]

Why was a gardener inside the house? I guess I am not “rich” enough!

The person was said to be watering indoor plants. In Toronto in winter (December), other than maybe tree pruning, gardening is a very seasonal affair.

 

[MistyWaters]

Why didn’t the housekeeper notify the police?

This has never been stated. But it appears the realtor and the clients immediately fled after they noticed what they though was a gruesome leftover Halloween prank through the glass door to the lower level poolroom. So purely speculation, maybe after the housekeeper initially let then in through the front door, she went back up to the 2nd floor where continued with her work and wasn’t aware of the reason they’d suddenly left? The residence was 12,000 sq ft.

 

[deugirtni]

It’s appears to be a fact there was no forced entry.

LE, in Canada anyway, after a homicide is discovered LE commonly make the statement of “forced entry” as opposed to “no forced entry”. What it typically suggests is if there were obvious signs of doors being kicked in or windows broken to gain access to a residence (ie definition the word “forced”). However in this case “no forced entry” was instantly misinterpreted to indicate LE possibly knew it was an inside crime.
....
“The ability of selecting segments of a comment I think is a process that also leads to being misled,” Saunders said. “I will say it could have been worded differently, but there was no official stance by the Toronto police when it came to we are not looking for anybody.”...”
Lawyer divulging details of how Sherman bodies were found could impact case: Saunders

BBM
It doesn't seem like there was any misinterpretation, it seems to have been spelled out rather clearly, imho. ('if this, then that'). I sure hope they'd be seeking an outstanding suspect if a couple were found murdered in their home.
"We did not observe any signs of forced entry into the building and so at this point indications are that we have no outstanding suspect to be going after," Det. Brandon Price told reporters.
Toronto billionaire, wife found dead; Police call deaths ‘suspicious’

 

[deugirtni]

Why didn’t the housekeeper notify the police?

This has never been stated. But it appears the realtor and the clients immediately fled after they noticed what they though was a gruesome leftover Halloween prank through the glass door to the lower level poolroom. So purely speculation, maybe after the housekeeper initially let then in through the front door, she went back up to the 2nd floor where continued with her work and wasn’t aware of the reason they’d suddenly left? The residence was 12,000 sq ft.

Apparently the housekeeper did call 911.
There were 2 separate realtors there that day, the selling realtor with his clients, and the listing realtor, who thought it more pertinent to contact both the housekeeper upstairs and Judi Gottlieb in Florida, than to call 911. Hard to know what one should do when they happen upon 2 dead bodies while showing a home! imo.

"The discovery was made shortly after 11 a.m. Friday. Gottlieb’s assistant called up to the housekeeper, telling her what she had seen. Then Gottlieb made a phone call, seeking direction on what to do. The Star could not determine who she called.

"Meanwhile, the housekeeper called 911. Toronto Police 911 system records a call coming in at 11:43 a.m. Police were en route by 11:44 a.m. Toronto EMS told the Star they dispatched two paramedic crews and a supervisor at the same time."
How the investigation into the deaths of Barry and Honey Sherman turned from murder-suicide to double homicide | The Star

 

[Mercedes]

Apparently the housekeeper did call 911.
There were 2 separate realtors there that day, the selling realtor with his clients, and the listing realtor, who thought it more pertinent to contact both the housekeeper upstairs and Judi Gottlieb in Florida, than to call 911. Hard to know what one should do when they happen upon 2 dead bodies while showing a home! imo.

"The discovery was made shortly after 11 a.m. Friday. Gottlieb’s assistant called up to the housekeeper, telling her what she had seen. Then Gottlieb made a phone call, seeking direction on what to do. The Star could not determine who she called.

"Meanwhile, the housekeeper called 911. Toronto Police 911 system records a call coming in at 11:43 a.m. Police were en route by 11:44 a.m. Toronto EMS told the Star they dispatched two paramedic crews and a supervisor at the same time."
How the investigation into the deaths of Barry and Honey Sherman turned from murder-suicide to double homicide | The Star

So, it appears that, prior to the realtor coming to the home, the housekeeper did not come across the deceased. Perhaps she had only been there for a short time.

 

[deugirtni]

So, it appears that, prior to the realtor coming to the home, the housekeeper did not come across the deceased. Perhaps she had only been there for a short time.

Or she doesn't bother cleaning the pool room since (IIRC) it was reported at one point that the pool was rarely used.

 

[Satchie]

So, it appears that, prior to the realtor coming to the home, the housekeeper did not come across the deceased. Perhaps she had only been there for a short time.

IMO there was no reason for the housekeeper to go down to the basement and along to the pool. Her duties likely involved being in the kitchen and other living areas.

If there hadn't been potential buyers wanting to see the house, I wonder how much longer it would have been before the Sherman's were missed, and she or someone else searched the house for them. And even then 'maybe they're in the pool' wouldn't really leap to mind.

 

[Mercedes]

IMO there was no reason for the housekeeper to go down to the basement and along to the pool. Her duties likely involved being in the kitchen and other living areas.

If there hadn't been potential buyers wanting to see the house, I wonder how much longer it would have been before the Sherman's were missed, and she or someone else searched the house for them. And even then 'maybe they're in the pool' wouldn't really leap to mind.

I have no idea, but I read (in an earlier post) that although Mr. Sherman was a workaholic, his missing work on Friday did not cause anyone to follow up. Depending on their weekend routine, I imagine it could have been quite some time. This whole scenario is sad.