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Susan Gallagher watched a recent news show on a Portland, Maine, television station in which host Bill Green questioned the accuracy of local treasure hunter Greg Brooks' claim that as much as $5 billion in platinum, gold and diamonds was on a sunken WWII freighter that he was salvaging 50 miles off Provincetown.
He wasn't the first. The Times raised serious questions about Brooks' claims two years ago, but Green's show really hit home with Gallagher, who had invested $10,000 of her savings in the project. She was part of a group of small investors who pooled their money so they could meet the minimum purchase price of $125,000 per share. Gallagher said a meeting held in 2008 for prospective investors promised they would make a million dollars on a $5,000 investment.
"That infuriated me, that we had all been taken," Gallagher said. Although she now lives in Newburyport, she was in her hometown of Gorham, Maine, where Brooks also lives, for a meeting when she heard the talk around town that he was basically folding up his tent, selling off the ancient oil rig support vessel that had been the figurehead of the venture, and moving on. It was more than a rumor. In an email to investor Daniel Stochel in May 2013, Brooks in fact did say he was selling off the Sea Hunter, their primary recovery vessel.
"We have to use the small amount of funds we have left to try to sell the Sea Hunter and equipment and to wrap things up," Brooks wrote to Stochel, complaining that the venture needed $50 million but had only raised a tenth of that amount.
Gallagher seethed at the news. It was snowing and she was overcaffeinated. She drove the half-mile to Brooks home and walked up to his front door to invite him to a stockholders' meeting, something she'd just made up as a pretense.
The house was dark, but the Christmas lights were on and she noticed the oversized garage, a Jaguar sedan in the driveway, what she thought was a Corvette, and a Harley-Davidson motorcycle. In that moment, she realized that her money, and that of hundreds of other investors who had handed over savings, retirement money and house equity, was gone.
"I don't expect to see any money, and I'm OK with that, but I don't want him to sell the boat from under us and go somewhere else," Gallagher said. She filed a complaint with the Maine Office of Securities, which investigates violations of securities laws.
Brooks did not register his financial venture with her office, Securities Administrator Judith Shaw said. Typically, if her office becomes aware of a finance scheme involving selling shares with the hope of a return, they contact the seller and get them to register. Shaw said she could not comment on whether they had communicated with Brooks or whether there was an investigation.
There's plenty to look into, as treasure hunter Brooks has raised somewhere between $5 million and $9 million from investors by claiming he had authentic historical documents showing that there was billions in platinum, gold and diamonds onboard a British freighter sunk by a German submarine in 1942, 50 miles off Provincetown. But recent testimony from an admiralty court case contesting his right to salvage the ship and a civil suit brought by Stochel show him backing away from those claims, referring to them as "controversial," "'anecdotal' rather than 'prima facie' (true, valid or sufficient) documents."
In his responses to those same depositions and interrogatory documents, Brooks admitted he intentionally misled the press on occasion about what was on the shipwreck when it sank. In a Jan. 8, 2014, deposition, Brooks admitted he prepared a phony press release about a major find of treasure on a freighter he said was sunk off Guyana with 10 tons of gold bullion, 70 tons of platinum, 1 tons of industrial diamonds and 16 million carats of gem quality diamonds. He also admitted he lied to reporters in 2009 that he had logbooks, federal documents and witness accounts that showed the ship was loaded with treasure when he had only one highly redacted and highly suspect document.
"You know, you have to come up with something. So they're looking for a story, and I gave them one," Brooks said in that deposition. He was responding to a question from Timothy Shusta, an attorney representing the British Department for Transport, which claims ownership of the Port Nicholson, asking what documentation Brooks had to base his statement to a reporter that the vessel contained $3 billion to $5 billion worth of platinum and diamonds.
The British government contends there is nothing of any value on the wreck of the Nicholson and disputes that Brooks has any right to salvage the ship. A Texas-based oil field service company is also suing Brooks over nonpayment for the use of a remote-operated vehicle, and Stochel is now waging a legal battle to replace Brooks as the salvager of the wreck, claiming the Portland company didn't work hard enough to bring up the treasure.
Smaller investors like Gallagher are now realizing they were lied to. They have collected whatever evidence they have to help investigators from the Maine Office of Securities who are looking into Brooks' operation, Gallagher said.
Initially, Brooks claimed only 30 to 50 investors who met the minimum entry level of $125,000 a share for the Port Nicholson. But there many hundreds more who pooled resources to buy a share. So why did so many people part with their hard-earned money on so risky a venture?
In the close-knit town of Gorham, few knew Brooks well, Gallagher said, but many knew his partner John Hardy, a retired mechanical engineer who had worked for the space industry and owned a furniture store in South Portland. They also knew his children, including John Hardy Jr., who was with his father when the opportunity was pitched to potential investors that December day back in 2008, Gallagher said. Investors she knows don't blame Hardy, or his son, for their affiliation with Brooks. People trusted the elder Hardy. He was a religious man, very smart and a successful businessman.
"I truly believe he was a victim as well. He believed in this so much that he wanted to share this opportunity with people in the Gorham area, people who had a hard time filling their gas tank," Gallagher said. John Hardy passed away last March of brain cancer. His son, John Hardy Jr., did not return a phone call and voice mail left on his home phone.
Gallagher couldn't recall if Brooks was present at that 2008 meeting, but his company had prepared a 300-plus page loose-leaf book laying out the project, including the reasons why they believed there was treasure to be found. Although it was stamped 'Do Not Copy,' Gallagher did copy it, and recently turned it over to the Office of Securities to help in the investigation.
Sea Hunters, Brooks' exploration company, along with Sub Sea Research, claimed to have control over 768 shipwrecks, she said they were told at the meeting. The Port Nicholson was one of three such wrecks she said she invested in with the promise that there was platinum on board, citing recently declassified documents.
"They told us they had refined platinum and how much more it would be worth," Gallagher said. According to depositions, interrogatories and admissions in the British case, Brooks and Sea Hunters didn't have the document saying there was refined platinum on board until the "anecdotal" copy of a procurement paper they received on a compact disc by mail in 2012.
In Brooks' own court testimonies, that claim was never backed up by a thorough vetting that usually accompanies historical document claims. In their Dec. 30, 2013, answers to questions posed by the British Department of Transport, Brooks, Sea Hunters historian Edward Michaud and his lawyers said that they did not attempt to find the originals in national archives for some of the key documents they used to claim that there was platinum and gold on board the Port Nicholson. They took them at face value when they were given to them by their sources. Subsequent checks by investigators working for the British lawyers did not find any such documents in the archives nor the entire file in which the original would have been contained.
In the January deposition, Brooks admits he had no solid evidence that diamonds were on the Port Nicholson, that it was pure speculation. But those speculations were pretty specific, right down to 16 million carats of gem quality diamonds in a 1-meter-square box with none smaller than 5 carats.
How did he know that, attorney Shusta asked. In this case, there was no documentation, authenticated or otherwise. An acquaintance had told him the box existed, not necessarily on the Port Nicholson. His partner, John Hardy Sr., did a quick calculation that a box that size would hold 16 million carats, Brooks told Shusta. They guessed the diamonds could have been from Russia.
"This is a wild claim," said Shusta in an interview last week. He said Russia was producing little in the way of diamonds at that time in history and that the amount they claimed was in that box was 1 times the world production of both gem and industrial diamonds in 1942. 152ee80cbc
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