BajaNomad - Diane Gibbs (Realty Executives) a Leading Rosarito Realtor charged with $4 Million "Esmeralda del Mar" Fraud

Diane Gibbs (Realty Executives) a Leading Rosarito Realtor charged with $4 Million "Esmeralda del Mar" Fraud

Woooosh - 7-8-2011 at 09:18 AM

I'm guessing that is 4 million pesos, but the article says dollars and I'm not sure if these were lots, condos, or purchase deposits. 10 American investors are suing Diane Gibbs. Problem has been ongoing for 6 years (the peak of the real estate boom) and the Americans got the US Consulate involved. Article says they tried to shut down her office down the past six months, but she continues to operate under a name "The Office".

http://www.frontera.info/EdicionEnLinea/Notas/Noticias/07072...

ROSARITO, Baja California(PH)
El fraude superior a los 4 millones de dólares cometido a compradores de lo que sería el complejo turístico La Esmeralda, aun se encuentra vigente y la abogada de los afectados pidió a las autoridades que cumplan con el ofrecimiento de fincar responsabilidades penales a la empresa defraudadora.

Mónica Gutiérrez, representante de diez estadounidenses compradores de unidades en ese lugar, expuso que desde hace seis meses, el Ayuntamiento se comprometió a presentar una denuncia penal en contra de Diane Gibss, quien a través de la empresa Realty Executives, perpetró los fraudes, y lo peor es que al parecer la empresa sigue operando bajo el nombre de “La Oficina”, sin que nadie le ponga un alto.

Precisó que el Ayuntamiento se comprometió a dar seguimiento a la denuncia que ellos interpusieron en contra de esta persona por fraude, pero no ha pasado nada sobre este asunto.

“A mí me da vergüenza con los americanos el tener que explicarles que el sistema de justicia aquí es muy lento y que incluso si no se puede notificar a una persona físicamente, el proceso no avanza”, y algo así al parecer está ocurriendo en este caso.

La representante legal refirió que sus clientes tienen casi 5 años con este problema y en esta ocasión el Consulado Americano está por confirmar su participación en este asunto.

Aceptó que el Ayuntamiento dentro de todo este lío jurídico, puede hacer muy poco, y lo único que se les está pidiendo es que cumplan con el seguimiento de la demanda que ellos interpusieron en contra de la persona referida, para que se ejecute la orden judicial y ésta pueda ser detenida y que paguen por el fraude que se cometió.

This chart from the City of Rosarito shows identified real estate projects with "Problems" in 2010 coded into red, yellow and green. "Esmeralda Del Mar" score a Red F-0:

http://www.rosarito.gob.mx/rosaritov/fraccionamientos.aspx

[Edited on 7-8-2011 by Woooosh]

[Edited on 7-8-2011 by Woooosh]

Her Website is Still Up and Running

Gypsy Jan - 7-8-2011 at 02:26 PM

http://www.dianegibbs.com/

DENNIS - 7-8-2011 at 03:18 PM

I happen to have a new best pal who works in Rosarito, lives down here now, but a resident of Rosarito in the past and has worked for Gibbs in the past as well. She says Gibbs is one of the most vile persons she has ever encountered and was elated when she read Woooosh's post.

Woooosh - 7-8-2011 at 03:47 PM

Quote:

Originally posted by Gypsy Jan
http://www.dianegibbs.com/

I love that the site has a quote from Baja Daily News (wtrf?) that has a link to the article: "Baja California was excluded from US risk warning. by Baja Daily News (BDN) on 04/27/11". Where's the link to protect US and Canadian investors from her?
:saint:

Yeah, Well, Diane is Another Colourful Baja Character

Gypsy Jan - 7-8-2011 at 08:40 PM

She was pleasant to us when she thought she was going to business with us and then when we were not happy, she cut us loose.

She has a history with Bobby of Bobby's by the Sea. According to hearsay, they shared a home and property that he took over.

She was in trouble with the Mexican authorities and (once again hearsay) and moved to La Paz for a while, about twelve years ago.

Approximately ten years ago, the local immigration senior officer in Rosarito, Juan Carlos Torres, was trying to get her deported.

Most recently, we see her in Splash restaurant. She never makes eye contact.

Good to know

bajaguy - 7-8-2011 at 08:49 PM

............At Realty Executives Gibbs and Associates, we don't believe in just making a sale. The laws in Mexico are very clear and protect all parties when requirements are met under the protection of the law. We walk you through the whole process of the transaction with qualified lawyers and notaries in Mexico legally protecting you. Both Buyers and Sellers achieve a win-win closing........

http://www.puertonuevo.com/16143/41501.html

DENNIS - 7-8-2011 at 08:50 PM

Where's Jenny N. when we need her. I'd like to know all about Gibbs.

Woooosh - 7-8-2011 at 08:55 PM

Quote:

Originally posted by Gypsy Jan
She was pleasant to us when she thought she was going to business with us and then when we were not happy, she cut us loose.

She has a history with Bobby of Bobby's by the Sea. According to hearsay, they shared a home and property that he took over.

She was in trouble with the Mexican authorities and (once again hearsay) and moved to La Paz for a while, about twelve years ago.

Approximately ten years ago, the local immigration senior officer in Rosarito, Juan Carlos Torres, was trying to get her deported.

Most recently, we see her in Splash restaurant. She never makes eye contact.

She was very nice to us when we were shopping for property eight or so years ago. She showed us a few possibilities, we just couldn't agree on price. It's too bad she went over to the dark side if that' what went down.

It was the heyday down here when this event happened. Huge money was coming down out of peoples Home Equity lines. Many of these projects looked good on paper. But when the buyers stopped a lot of projects stalled or worse. All of them have someone's money in them. I don't know the details of Esmeralda Del Mar, but there are 70- unfinished projects in the TJ- Ensenada corridor.

Las Ventanas, Near Puerto Nuevo

Gypsy Jan - 7-8-2011 at 09:04 PM

Was her flagship, high-end boutique development.

Million dollar condos in Baja. (Please forgive me - har, har, har!)

Most who invested are trying to sell out, even at a great loss.

Woooosh - 7-8-2011 at 09:24 PM

Quote:

Originally posted by Gypsy Jan
Was her flagship, high-end boutique development.

Million dollar condos in Baja. (Please forgive me - har, har, har!)

Most who invested are trying to sell out, even at a great loss.

Yeah, I got the sales plug for those homes. Very nice homes in a nice location from a famous Orange County builder for $1Million. The poor man's Newport Beach just south of Puerto Nuevo. Pretty oceanfront community homes for sure- did they sell out?
:saint:

"Flipping" A Term for Making a Fast Profit on a Real Estate Devolment

Gypsy Jan - 7-8-2011 at 10:21 PM

I do not know how you go about" flipping". but do think that the people who invested in Las Ventanas are not happy now.

[Edited on 7-9-2011 by Gypsy Jan]

tjBill - 7-8-2011 at 10:22 PM

Too bad. I remember she was the one the Union Tribune quoted when talking about Baja real estate.

bajaguy - 7-8-2011 at 10:44 PM

Jan.........is her daughter still selling down there???. About 7 years ago the daughter took us around and showed us some places.

Hi, bajaguy

Gypsy Jan - 7-9-2011 at 07:37 AM

The last thing I know about Diane's daughter (and the granddaughter) is that several years ago, the daughter opened up a branch office of Realty Executives in Ensenada and that the granddaughter was enrolled in school there.

Terry28 - 7-9-2011 at 09:57 AM

Boy some of you guys are pretty tough...I have known and liked Diane for over 15 years...she has always treated us very well. We have never done any business with her but know people who have and were very happy. Jan, she did not move to La paz but to Mulege with Ray Lima, they married there and then that fell apart and she returned to Rosarito. If folks bought at the high end of the bubble and now are stuck with negative equity they seem to want to blame someone for their misfortune. I think it may be way to early to blame Diane when I doubt any of you know the "facts'

Woooosh - 7-9-2011 at 10:25 AM

Quote:

Originally posted by Terry28
Boy some of you guys are pretty tough...I have known and liked Diane for over 15 years...she has always treated us very well. We have never done any business with her but know people who have and were very happy. Jan, she did not move to La paz but to Mulege with Ray Lima, they married there and then that fell apart and she returned to Rosarito. If folks bought at the high end of the bubble and now are stuck with negative equity they seem to want to blame someone for their misfortune. I think it may be way to early to blame Diane when I doubt any of you know the "facts'

Yeah yeah, they are all nice until you do business with them. She must have friends like you out there or the story would have been printed in English somewhere. Rosarito is a snake pit of sleazy Realtors and bad land titles. These are the people who killed the goose that laid the golden egg. This is the first time the US consulate got involved and she has had five years to resolve the problem with these American investors. Too much smoke for there not to be a fire. Nice try though.

[Edited on 7-9-2011 by Woooosh]

DENNIS - 7-9-2011 at 11:30 AM

Quote:

Originally posted by ridge

"...Chief Economist for the National Association of Realtors..."

Thanks for the great advice, David!

Just another dirt pimp. Nothing more.

Woooosh - 7-9-2011 at 11:48 AM

Quote:

Originally posted by DENNIS

Quote:

Originally posted by ridge

"...Chief Economist for the National Association of Realtors..."

Thanks for the great advice, David!

Just another dirt pimp. Nothing more.

"Dirt pimp" you crack me up yo'! :lol:

DENNIS - 7-9-2011 at 11:51 AM

Quote:

Originally posted by Woooosh
"Dirt pimp" you crack me up yo'! :lol:

I stole that from someone here a few years back.

CWCD....Credit where credit's due.

Woooosh - 7-9-2011 at 02:38 PM

What a cool photo composition. "Spills the Beans"?

Bajahowodd - 7-9-2011 at 04:07 PM

This thread reminds me of Lulu Jacobsen. At one time, among the most successful realtors in Cabo.

But, she was stealing money from escrow accounts and needed to "Ponzi" it by having a continuous stream of new clients seeking to buy.

http://www.gringogazette.com/secure/pdf/gs_v13e17_ebook.pdf

Just seems to me that way too often, Gringos and Gringas who go into business in Mexico display a preverted sense of ethics based upon what they believe is an "anything goes" mentality in Mexico.

Not saying that it's universal, by any means. But those rotten apples that do get caught all seem to share certain similarities.

Woooosh - 7-9-2011 at 04:38 PM

Quote:

Originally posted by Bajahowodd
Just seems to me that way too often, Gringos and Gringas who go into business in Mexico display a preverted sense of ethics based upon what they believe is an "anything goes" mentality in Mexico.

If you can't beat 'em, join 'em. Sharks have no borders. Even Bernie Madoff's friends thought he was da bomb until he blew up.

DENNIS - 7-9-2011 at 04:38 PM

Quote:

Originally posted by ridge
CWCD....Credit where credit's due.

OK....was that a Jimmy quote?

DENNIS - 7-9-2011 at 05:11 PM

Quote:

Originally posted by ridge
I believe so.

Cool.....I got it from someone who got it from Jimmy, evidently.
Just makes it better.

Thanks.

Woooosh - 7-9-2011 at 05:18 PM

Quote:

Originally posted by DENNIS

Quote:

Originally posted by ridge
I believe so.

Cool.....I got it from someone who got it from Jimmy, evidently.
Just makes it better.

Thanks.

any more of 'em?

Eli - 7-9-2011 at 05:45 PM

Quote:

Originally posted by Woooosh

Quote:

Originally posted by DENNIS

Quote:

Originally posted by ridge
I believe so.

Cool.....I got it from someone who got it from Jimmy, evidently.
Just makes it better.

Thanks.

any more of 'em?

Undoubtedly it was Don Jimmy! James Pledger Smith, although he himself acknowledged himself for being a master of plagiarism.
Wooosh, you want more wisdom's by Don Jimmy, read "The Grinning Gargoyle Spills the Beans", his insight into humanity was, well insightful, a classic humorist to say the least.

[Edited on 7-10-2011 by Eli]

Woooosh - 7-9-2011 at 06:28 PM

Quote:

Originally posted by Eli

Quote:

Originally posted by Woooosh

Quote:

Originally posted by DENNIS

Quote:

Originally posted by ridge
I believe so.

Cool.....I got it from someone who got it from Jimmy, evidently.
Just makes it better.

Thanks.

any more of 'em?

Thanks. I couldn't get all the book title from the picture. I could tell he was pimping paper though.

DENNIS - 7-9-2011 at 06:43 PM

Quote:

Originally posted by Woooosh
Thanks. I couldn't get all the book title from the picture. I could tell he was pimping paper though.

clever

Hey....I'm not sure that was Jimmy quote. In the context I got it here, it seemed to be spontaneous....in the middle of a heated discussion.

Somebody here want to go through Don Jimmy's manuscript and referrence it?
I'm really busy at the moment.

Did I tell you guys I have a new girlfriend? She's trying her best to reeducate me in the fine art of removing my pants.
I'm trying me best. :yes:

Eli - 7-9-2011 at 06:58 PM

I am sorry to say I don't have the book with me, but I do remember vividly many conversations with him and that it was his favorite reference for real estate agents, whom he got along with famously by the way, just like he did with just about everyone. Even during the short period I worked in a real estate office he would tease me about being a dirt pimp.

Have fun Dennis!

DENNIS - 7-9-2011 at 09:02 PM

OK......that's enough for me to say, "DIRT PIMP" belongs to Sara's daddy, Don Jimmy.
Again...CWCD. Thanks.

Fun?? Oh...yeah. Forgot what I was doin'. :saint:

BajaGringo - 9-23-2014 at 10:32 PM

From Rosarito Town Crier...

DIANE GIBBS
SEPTEMBER 9, 1947 to SEPTEMBER 15, 2014

In memory of Sylvia "Diane" Gibbs, she left this world on September 15, 2014 after a long battle with Cancer. Her family was at her side at a local hospice in Carlsbad, CA.

She leaves behind her brother, Robb Cloepfil and his wife Connie of Springfield, MO.; Her daughter, Julie Martin of Rosarito, BC and who will continue her real estate business here in Baja; her two sons RC and his wife Dana Bennett with 3 children Victoria Raulston, Brandon Raulston and Jayden Taylor of Hurley, MO and Rod Clark of Ballwin, MO.; 3 granddaughters, Terrah Simpson, Taylor Martin and Lucy Clark,; 3 great grandchildren Marlie O'Niel, Kase Kelly and Pierce Simpson,; 2 nephews Konner and Phillip Cloepfil,; and many adopted sons like Nicolas and Agapo Santos along with many, many great friends here in Baja.

Diane loved Rosarito and built her life here since 1988. She opened her first real estate franchise office with Century 21 in 1990 and started a type-written copy of The Baja Tips for her clients wanting to "settle in Baja." She always felt they needed information in their own language to feel comfortable in their newly adopted home and she sought to bring it to them through seminars and private interviews on legally buying property in a foreign country. For many her name was synonymous with "Gringos" buying and selling property in Baja.

Diane was always promoting Baja. Her ability to bring good press to this area of Baja was uncanny. Dan Rather with CBS News had Bill Whittaker interview Diane and many locals in 2004 for a segment called The American Dream in Mexico. In 2009 The CBS Sunday Morning show with Charles Osgood did a segment with Diane called Moving to Mexico.

Diane was a Founding Member of AMPI (the Mexican National Realty Association) and worked diligently to bring the organization here to set industry standards for brokers, sellers and buyers alike. With that came multiple listings and more cooperation amongst the brokers to show a stronger market and more varied inventory for the buyer. As she helped to nurture the real estate business, she helped many of our current area realtors get their start and training in the industry.

If you bought a home or lot through one of Diane Gibb's real estate offices, she was your friend and your advisor on many things from referrals for Visas & Attorneys, cleaning services, hair dressers, pet groomers, even how to get your mail in Baja. You see, she knew a lot of people, was well liked and respected. She was always a "lady." Her smile, her laughter and her "bling-bling" will be remembered by all who are her friends and associates each time we think of her.

Over the years Diane has been a member of and worked hard fundraising for most of the charities in our local area. She was always first to step up and say "I will help." She promoted events for The Red Cross, Flying Samaritans, La Mision Children's Fund, BECA, Baja Scholarship Foundation, The Rosarito Theater Guild, The Baja Blues Fest and the Miss Peggy Lee Tribute for the Los Angelitos Orphanage that raised over $20,000 dollars for their building fund.

Diane was a member of the Rosarito Christian Church near Primo Tapia.

She never stops caring. Diane has requested that if you are going to make a donation on her behalf, it should go to the Los Angelitos Orphanage at PO Box 430896, San Ysidro, CA 92143. They will be accepting both US and Mexican Checks. (Mexican checks should be made to Los Angelitos Orfanatorio A.C. and also mailed to the US address.)

A "Celebration of Life" to honor Diane and her accomplishments for Rosarito and Baja California will be scheduled and announced soon. If you have photos to contribute, contact Jackie Alameda at ly1949nn@yahoo.com, 1-619-838-8133 or Mex (661) 614-0790.

EnsenadaDr - 9-24-2014 at 07:02 AM

I don't think it is appropriate to put the memoriam in this thread. Maybe start another thread that is neutral and doesn't bring up the iffy past.

chuckie - 9-24-2014 at 07:04 AM

Why?

EnsenadaDr - 9-24-2014 at 07:06 AM

because it talks about her being a scam artist and then eulogizes her for being a giving, caring person that helped Baja and its orphanages. I don't think it is respectful, that's all. If you want to say something good, fine. But why would you meld both scam artist and philanthropist in the same thread? Especially if the person is dead. Seems a bit flippant to me.

[Edited on 9-24-2014 by EnsenadaDr]

larryC - 9-24-2014 at 08:15 AM

Quote:

Originally posted by EnsenadaDr
because it talks about her being a scam artist and then eulogizes her for being a giving, caring person that helped Baja and its orphanages. I don't think it is respectful, that's all. If you want to say something good, fine. But why would you meld both scam artist and philanthropist in the same thread? Especially if the person is dead. Seems a bit flippant to me.

[Edited on 9-24-2014 by EnsenadaDr]

Damn, quite possibly the first of your posts that I agree with.

chuckie - 9-24-2014 at 08:41 AM

Grudgingly, me too..

DianaT - 9-24-2014 at 08:46 AM

Quote:

If she really was a scam artist, then perhaps it is appropriate. We far too often take people to sainthood just because they died.

But if the scam artist part is not for real, then I would agree it is inappropriate.

Zapotec - 9-24-2014 at 09:10 AM

The scam artist is/was NOT real. It was never proven in a court of law that she defrauded anyone. Diane was a victim herself.

EnsenadaDr - 9-24-2014 at 09:12 AM

well it hasn't been proven up to date. so if there is no proof, let her rest in peace. The header of the thread says one thing, the recent post says another. What is the poster trying to say? That the person was a scam artist or not? It sort of puts that person on the fence, so they don't get accused of going either way.

DianaT - 9-24-2014 at 09:16 AM

Quote:

Originally posted by Zapotec
The scam artist is/was NOT real. It was never proven in a court of law that she defrauded anyone. Diane was a victim herself.

Okay, then I agree.

Personally, one thing about this thread that bothered me was seeing a person for whom I have respect and was banned brought back to the forefront.

[Edited on 9-24-2014 by DianaT]

DENNIS - 9-24-2014 at 09:19 AM

Quote:

Originally posted by DianaT

But if the scam artist part is not for real, then I would agree it is inappropriate.

Grave digging is inappropriate. This thread was six feet under for three years.

Zapotec - 9-24-2014 at 09:22 AM

It is such a shame when the media, posters on forums, etc. print hear-say, rumors, etc. as facts. There was/is a rumor that the ex-mayor of Rosarito tried to cross one million dollars into the USA without declaring it, and that his Visa was pulled. These allegations are rumors. I recently crossed the border via Sentry lane as a passenger with the ex mayor of Rosarito. IMHO I don't think he would have Sentry if had had tried to cross 1 million USD illegally.

EnsenadaDr - 9-24-2014 at 09:38 AM

I agree, especially your comment about your new girlfriend teaching an old dog new tricks.

Quote:

Originally posted by DENNIS

Quote:

Originally posted by DianaT

But if the scam artist part is not for real, then I would agree it is inappropriate.

Grave digging is inappropriate. This thread was six feet under for three years.

Terry28 - 9-24-2014 at 10:02 AM

As usual this thread morphs into another topic....As for Diane, we knew her very well and liked her a lot. She was a very honest person and does/did not deserve all the slanderous remarks directed towards her..usually by people who did not know her at all. She will be missed by many....RIP

Zapotec - 9-24-2014 at 10:38 AM

Sorry Terry28, I should have made it short and simple like: "Diane was never legally proven to be a scam artist (I respect her) while Woooosh was legally proven to be scam artist. " (I don't respect him) OK, I am done with this thread/topic. RIP Diane.

DianaT - 9-24-2014 at 10:43 AM

For those who knew her and miss her, and for her family, may you find peace.

As far as discussing anyone else when they cannot respond, that is really wrong, IMHO. While I like and respect Woosh, it is okay that others may not. There are always at least 2 or 3 sides to every story.

I am sorry I brought it up, but that really did feel like grave digging to me as I really miss him around here. But I know others do not, so may it all RIP.

DianaT - 9-24-2014 at 12:14 PM

Zapotec,

You are obviously obsessed with this for your own personal reasons. Ni modo :no:

BajaGringo - 9-24-2014 at 12:50 PM

Quote:

Originally posted by Zapotec
If someone believes hearsay, rumors, etc. and does not believe resolutions by a court case, I am sorry. Good luck to you.

You have spread plenty of rumors and hearsay about Woooosh here on bajanomad and most of us have come realize that you are intimately involved with the case. Your passion in your posts makes that clear and your bias is exposed.

As far as using only a court victory in Mexico to claim the moral high ground is laughable. I have lived here for a long time and have been involved with the courts myself. What is quite evident to me is that legal decisions can easily be influenced, manipulated and even bought and paid for. It doesn't prove anything necessarily.

I do know Craig personally and consider him to be honest, sincere and highly principled. He has been a huge help to me on our TalkBaja facebook group and just yesterday was recognized by Andrew Erickson, US Consul in Tijuana, for his work performed in helping so many in the aftermath of Odile when a huge communication void left so many looking for information and Craig stepped in to help when my own internet access was cut for several days.

He is a quality person and someone I consider to be a true friend. Period. End of discussion.

As far as making the post about the death of Diane Gibbs, it was something that I had received by email yesterday and I searched to see if it had already been posted. What caught my eye is there were other posts about Diane and connecting her to fraud. I made the decision to post it in one of those threads, only to give another perspective.

I personally knew Diane although I never had any direct business dealings with her. She was neither a fraud nor a saint and although she maintained some business practices I didn't agree with, I never knew her to knowingly commit fraud against anyone. At worst she was guilty of lending her name to something before doing her due diligence. In my mind that makes her flawed, not a fraud. There is a difference. She had good friends and enemies down here and most of her clients loved her. She could be charming and rough around the edges but all in all she was a decent human being, warts and all.

Sorry if some of you thought it was in poor taste to post it here. I respect your opinion...

[Edited on 9-24-2014 by BajaGringo]

DENNIS - 9-24-2014 at 02:58 PM

GAwwwdammm...the two of you should be running an internet autopsy school.

EnsenadaDr - 9-24-2014 at 02:59 PM

Anyone who takes close up pictures of a woman's behind with security cameras across the street and makes fun of her on another Forum in my mind is not the "highly principled" person you claim Woooosh to be. Thank heaven he is across the continent so he can not defame, degrade and harass this woman who worked hard at her profession and deserves a peaceful retirement.