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by Mike Caswell
CMC Metals Ltd., a junior metals listing on the TSX Venture Exchange, has filed a lawsuit in the Supreme Court of British Columbia against its former chief financial officer, Mark Luchinski, claiming that he misappropriated the company's money. CMC says that Mr. Luchinski caused the company to pay him based on invoices that "falsely suggested" CMC owed him money. The company is seeking the court-ordered return of $67,775.
The allegations are contained in a brief notice of claim that CMC filed at the Vancouver courthouse on Monday, Jan. 15. The suit identifies Mr. Luchinski as a New Westminster resident who became the company's CFO in October, 2022. His pay was $8,925 per month and he was employed as an independent contractor, the suit states. As part of his job, he had signing authority that allowed him to make payments on the company's behalf, CMC says.
The misappropriation, as set out by CMC, began on April 21, 2023, when Mr. Luchinski caused CMC to pay his regular monthly fee plus an amount of $10,500. He made additional payments to himself in October and November, 2023, for amounts that were "not due or owing," the suit claims. The largest amount set out in the suit is a $32,025 payment made on Nov. 17, 2023. As the company sees things, Mr. Luchinski abused his position as CFO and his signing authority in paying himself the money.
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