Additional frauds; email sent to McDonald’s General Counsel CCed to McDonald’s CEO
X. (Anonymity granted by decision of the Court)
Subject: additional frauds
Date sent: 2015-10-22 11:06 (Beijing time +0800)
To: Gloria Santona <Gloria.Santona@us.mcd.com> Cc: Steve Easterbrook <Steve.Easterbrook@us.mcd.com>
Thank you for answering me. Could you please make sure the French team communicate with me by email? Normal mail takes forever for me to receive now that I live in China and I am not going to wait one month to act if there is an ongoing fraud.
Please don’t be offended, but I think it is unwise to only ask the French team, the very people who I accuse of committing a criminal fraud, to review the situation. A better idea would have been for the main headquarters in the U.S. to immediately hire a French top law firm which has never been involved in this fraud to give you an unbiased, impartial opinion whether it constitutes an Unfair Commercial Practice under the European directive or not.
Of course, these lawyers would have taken advantage of you since you are McDonald’s and charge you hours of work, even though for a mediocre lawyer, it should only take 1 hour at most since the Unfair Commercial Practice Act is here to protect the average consumer and therefore, like often in justice, it’s based on common sense and doesn’t require deep legal knowledge to see if a practice is legal or illegal. If it requires deep legal knowledge to understand a promotional game regulation, it would automatically be illegal under the Unfair Commercial Practice Act, especially if it’s concerning an crucial omission which is the case here.
I believe Ms. de Borda is your French counterpart. She is clearly facing criminal prosecution. Yet, you are asking these very people to tell you whether they did or did not committed fraud. Excuse me but I am speechless. I mean, don’t you think due diligence would have required from the main headquarters to, at least also, start an independent inquiry from an independent law firm?
Believe me, there is no way to turn things around.
Allow me to quickly give you a few additional pointers :
do you know what’s the statute of limitation in France? in civil case, it’s 5 years. But since you’ve targeted children (the game is opened for children who are 13 years old or older), the statute of limitation will only start once they reach adulthood. Believe me, it’s a very long time…
did you know that the 2011 had an additional fraud. Not only the game was rigged, but you also massively claimed you had 1 chance out of 4 to win immediately. I later found out it was only 1 chance out of 8. Deep inside the regulation, it’s said a piece of game is made of 2 stickers. Remember the part about omissions in the Unfair Practice Act? the ambiguous and unintelligible part? well this is it. And because of the scale of advertising, it makes fraud of course. On top of this, you were also making the statement that in tiny characters on the side of the drinks gobelet that this probability was “based on a double winning sticker”. What the heck does this mean? Think about it… a probability based on a winning stickers means 100% chance of winning… completely unintelligible… at least, this false statement was removed from the 2012 edition following my first cease and desist letter.
Did you know that the 2011 and 2012 editions constituted illegal lottery? Indeed, you had 3 lotteries in one. For the lottery to be legal, it must be 100% free. But you could only get at most 4 stickers for free. Therefore, it was impossible for a player to possibly win the xbox, which required 4 stickers and also play the 2 other lotteries. One more criminal fraud and this one is very big as the harshest penalty is the definitive closure of all establishments having participated in the illegal lottery. Not to make it an illegal lottery, you were supposed to offer at least 6 free stickers.
But on top of this, there is a 2nd count of illegal lottery : indeed, 7 to 10 days before the end of the fraud, McDonald’s France wasn’t accepting anymore people’s requests to get free stickers. 2nd count of illegal lottery.
There is also another very serious felony : you’ve discriminated on other players from other European countries. It’s forbidden.
I have a few more… but I think it’s enough to prove you that the French team can not be trusted. All of this, they knew.
I am going to update the software I wrote at the time to determine how much I should have won had the game not been rigged. I am going to update it to suit the current fraud which is happening as we speak.
I am going to send you my conclusions so that you can emit a profit warning to warn investors. I am fairly certain it’s about a few hundred million dollars per day that the fraud keeps ongoing.
[Victim’s name redacted for privacy]