Electronically Filed AM Case No Amended Complaint included but was not limited to providing false documentation to BFMC thut the RRA trust accounts contained substantial funds when they did not and supplying investors with misleading and untrue written assurances concerning the settlement accounts TD Banks actions have directly caused injury and damage to BFMC WHEREFORE BFMC INVESTMENT LLC requests judgment against ID BANK N.A for compensatory damages together with court costs and such further relief as the Coun deems proper Page Case No Amended Complaint COUNT AIDING AND Villegas knew of Rothstein"s fraudulent scheme Case No Amended Compainl Villegas actively assisted and provided substantial assistance to Rothstein in his financial exploitation of all of the investor victims of Rothsteins Ponzi scheme including BFMC through fraud by furnishing false bank account statements and wire transfers co investors in order to induce them to invest despite having actual or constructive knowledge tha1 the investments were a Ponzi scheme Vilfegass actions have directly caused injury and damage to BFMC WHEREFORE BFMC INVESTMENT LLC requests judgment against DEBRA VILLEGAS for compensatory damages together with court costs and such further relief as the Court deems proper COUNT Gl-ll221 AIDING AND Case No Amended Complaint Stays actions have directly caused injury and damage to BFMC WHEREFORE BFMC INVESTMENT LLC reguesti judgment against IRENE STAY for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND COUNT CONVERSION against Scott Rothstein Case No Amended Complaint Plaintiff incorporates the allegations contained in paragraphs I through as if restated herein This is a claim for conversion As described more fully above the deals in which BFMC invested were bogus and Rothstein was operating a Ponzi scheme through his film RRA and through TD Bank In furtherance of the Ponzi scheme Rothstein exercised unauthorized dominion and control over the property of BFMC when he absconded with BFMCs in funds Rothstein conversion of BFMC funds has permanently deprived BFMC of its property Based upon Rothstein having initially fled the country after emptying out the trust accounts any attempts by BFMC to make demand upon him for the return of its property would be futile Rothstcins uclions huve directly caused injury and damages to BFMC WHEREFORE BFMC INVESTMENT LLC reguests judgment against SCOTT ROTHSTEIN for compensatory damages together with court costs and such further relief a the Court deems proper COUNT AIDING AND Case No Amet1ded 267Compiaint As described more fulJy above the deals in which BFMCinvested were bogus and Rothstein wac operating a Ponzi scheme through his firm RRA and through TD Bank In furtherance of the Ponzi schenie Rothstein exercised unauthorized dominion and control over the property of BFMC when he absconded with D3s in fonds Rothsteins conversion of BFMC"s funds has permanently deprive BFMC fits property Based upon Rothstein having initially fled the country after emptying out the trust accounts any attempts by BFMC to make demand upon him for the 267cturn of its property would be futile Spinosa actively assisted and provided substa:ntial assistance to Rothstein in either tenlporarily or perinanently depriving BFMC of its property by deceiving BFMC into turning its property over to Rothstein under false pretenses Spinosas aclions 267have directJy caused injury and damages to BFMC WHEREFORE BFMC INVESTMENT LLC requests judgment _against FRANK A SPINOSA for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND fr I Case No AmendeclCorripla.int funherance of the Ponzi scheme Rothstein exercised unauthorized dom_inion and control over the property of BFMC when he absconded with BFMC in funds Rothsteins conversion of BFMCs funds has permanently deprived MC of its property Based upon Rothstein having initially fled the country after emptying out the t.nist accounts any attempts by BFMC to make demand upon him for the return of its property would be futile At all times material hereto Spinosa was acting in the scope of his employment for TD Bank TD Bank through its employees while acting within the scope of their employment actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving BFMC of its property by allowing Rothstein to make unauthorized withdrawals of it funds and by deceiving-BFMC into turning its pr perty over-to Rothstein under false pretenses TD Banks actions have directly caused injury and darnages to BFMC WHEREFORE BFMC INVESTMENT reguest5 judgment against TD BANK:N.A for compensatory dan1ages together with cdurt costs and such further relief as the Court deems proper COUNT AIDING AND ABEITING CONVERSION against David Boden Plaintiff incorporates the allegations contained in paragraphs I through I as if restated herein This is a claim for aiding and abetting conversion Page Case No Amended Complaint As described more fully above the deals in which BFMC invested were bogus and Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank In furtherance of the Ponzi scheme Rothstein exercised unm,thorized dominion and control over the property of D3 when he absconded with BFMCs in funds Rothsteins conversion of BFMCs funds has permanently deprived BFMC of its property Based upon Rothstein having initially fled Lhe country after emptying out the trust accounts any attempts by BFMC to make demand upon him for the return of its property would be futile Boden actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving BFMC of its prope11y by deceiving BFMC into turning its prope11y over to Rothstein under false pretenses Boden actions have directly caused injury and damages lo BFMC WHEREFORE BFMC INVESTMENT LLC requestc judgment against DAVID BODEN for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Case No Amended Complaint furtherance of the Ponzi scheme Rothstein exercised unauthorized dominion and control over the property of D3 when he absconded with BFMCs in funds Rothstein"s conversion of BFMCs funds has permanently deprived BFMC of its property Based upon Rothstein having initially fled the country after emptying out the trust accounts any attempts by BFMC to make demand upon him for the return of its property would be futHe Villegas actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving BFMC of its property by deceiving 267BFMC into turning its property over to Rothstein under false pretenses Villegass actions have directly caused injury and dam.iges to BFMC WHEREFORE BFMC INVESTMENT LLC requests judgment against DEBRA VILLEGAS for compensatory damages together with com1 costs and such further relief as the Comt deems proper COUNT AIDING AND Case No Amended Complaint Rothsteins conversion of BFMCs funds has pennanenlly deprived BFMC of its property Based upon Rothstein having initially fled the country after emptying om the trust accounts any attempts by BFMC to make demand upon him for the return of its property would be futile Stay actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving BFMC of its property by deceiving BFMC into turning its prope11y over to Rothstein under false pretenses Stays actions have directly caused iniury and damages to BFMC WHEREFORE BFMC INVESTMENT LLC requests iudgment against IRENE ST A for compensatory damages together with court costs and such funher relie as the Court deems proper COUNT AIDING AND Case No Amended Complaint Based upon Rothstein having initially fled the country after emptying out the trust accounts any attempts by BFMC to make demand upon him for the return of its property would be futile I Barnett ac:tively assisted and provided substantial assistance to Rothstein in either temporarily or pennanently depriving BFMC of its property by deceiving BFMC into turning its property over to Rothstein under false pretenses Barn en actions have directly caused injury and damages to BFMC WHEREFORE BFMC INVESTMENT LLC requests iudgment against ANDREW Case No Amended Complaint TD Bank owed a duty to BFMC to ensure that its employees were nol actively defrauding depositors by making false representations in order to trick them into making unsafe deposits into trust accounts that they knew or reasonably should have known were being raided by Rothstein TD Bank breached its duties to BFMC because it had actual or constructive notice that its assistant manager and assistant vice president and branch manager were either fraudulently or negligently participating in a scheme which resulted in the unauthorized raiding of investors deposits and acted unreasonably by failing to investigate or take corrective action As a direct and proximate result of TD Banks failure investigate or take corrective action against Spinosa BFMC has sustained damages WHEREFORE BFMC INVESTMENT LLC requests judgment against TD BANK N.A for compensatory damages together with court costs and such further relief as the Court deems proper COUNT CIVIL CONSPIRACY against Scott Rothstein Plaintiffs incorporate the allegations contained in paragraphs I through as if restated herein This is a claim for civil conspiracy As described more fully above Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve tl--Szfransk.i Levin TD Bank Onyx Banyon USVI BIF and Berenfeld knowingly acted in concert to market and implement the illegal Ponzi scheme In doing so Rothstein acted with full knowledge and awareness that the activities of his and the other co-conspirntors were designed to give the false impression of the existence of legitimate Page Case No Amended Complaint investment ogportunities when in fact the investments were no more than his own blatant fabrications Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onvx Banyon USVI BIF and Berenfeld acted in their respective roles as described supra according to a predetennined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Carctsky Boden Villegas Barnett Stay Preve tmt!--Szfranski Levin TD Bank Onyx Banyon USVJ BIF and Berenfeld were contrary to law as stated above There was a meeting of the minds between and muong Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Prcve Szfranski Levin TO Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages Rothstein and his co-conspirators conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTMENT LLC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DA YID VON ALLMEN as Trustee of the DA YID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VONALLMEN UVING TRUST and DEAN Case No Amended Complaint ROTHSTEIN for compensalOQ damages together with court costs and such further relief as the Court deems proper COUNT CIVIL CONSPIRACY against TD Bank N.A Plaintiffs incorporate the allegations contained in paragraphs I through as if restated herein This is a claim for civil conspiracy At all times material hereto Spinosa was acting in the scope of his employment as Regional Vice President of T.D Bank At all times material hereto Kerstetter was acting in the scope of her employment as an assistant manager of T.D Bank At all times material hereto Caretsky was acting in the scope of her employment as an assistant vice president and branch manager of TD Bank As described more fully above TD Bank acting through its employees and RothsLCin Boden Villegas Barnett and 267Stny Prevc Szfranski Levin Onyx Banyon USVI BIF and Berenfeld knowingly acted in concert to market and implement the illegal Ponzi scheme In doing so TD Bank acted with full knowledge and awareness that the activities of Rothstein and the other co-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein TD through it employees and Rothstein Boden Villegas Barnett Stay Preve Szfranski Levin Onyx Banyon USVI BIF and Berenfeld acted in their respective roles Page Case No Amended Complaint as described supra according to a predetennined and commonly understood and accepted pJan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of TD Bank Rothstein Spinosa Kerstetter Caretsky Boden ViJlegas Barnett Stay Preve Szfranski Levin Onyx Banyon USVJ BJF and Jlt:e.w Berenfeld were contrary to law as stated above There was a meeting of the minds between and among TD Bank through its employees tffi Rothstein Boden Villegas Barnett Stay Preve Szfranski Levin Onyx Banyon USVI BIF and Bercnfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy lo commit these unlawful overt acL i proximately caused and continues to cause Plaintiffs damages TD Banks and its co-conspirators conducL has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTn lENNVESTMENT LLC LINDA VON ALLMEN a Trustee of the VON AUMEN DYNASTY TRUST PARTNERS LP DAVID VONALLMEN as Trustee of the DA VJD VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN This is a claim for civil conspiracy Case No Amended Complaint As described more fully above Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Utlt Szfnmski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld knowingly acted in concert to market and implement the illegal Ponzi scheme ln doing so Spinosa acted with full knowledge and awareness that the activities of Rothstein and the other co-conspirators were designed to give the false impression of the existence of legitimate investment oppommities when in fact the investments were no more than blatant fabrications by Rothstein Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve tlftd-Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld acted in d1cir respective roles as described supra according co a predetennined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve ftfle--Szfranski Levin TD Bank Onyx Banyon USVI BrF and Berenfeld were contrary to law as stated above There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villega Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acts proximately caused and continues cause Plaintiffs damag Page Case No Amended Complaint Spinosa and his co-conspirators conduct has direccly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTEMCNTlNVESTMENT LLC LINDA VON ALLMEN as Tmstee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DAVID VON ALLMEN UVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN Case No Amended Complaint respective roles as described above supra according to a predetermined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Carctsky Boden Villegas Barnett Stay Preve ttffil-Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld were contrary ro law as stated above There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Prevc Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful ove11 acts proximately caused and continues to cause Plaintiffs damages Kcrstettcr and her co-conspirators conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC CAPITAL CLUB LLC BFMC INVEs:rr,:rvtENTlNVESTMENT LLC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN Cnse No Amended Complaint Plaintiffs incomorate the aJlegations contained in paragraphs I through as if restated herein This is a claim for civil conspiracy As described more fully above Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve attd-Szfranski Levin TD Bank Onyx Banyon USVl BIF and Bercnfdd knowingly acted in conceit to market and implement the illegal Ponzi scheme In doing so Caretsky acted with full knowledge and awareness that the activities of Rothstein and the other co-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stav Preve aH Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld acted in their respective roles as described supra according to a predetem1ined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve tmd-Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld were contrary to law as stated above There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown Page Case No l9 Amended Complaint lo commit the unlawful acts alleged herein This conspiracy lo commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages Carelsky and her co-conspirators conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC IN VESThMENNVESTMENT LLC LINDA VON ALLMEN as Tmstee of the VON ALlMEN DYNASTY TRUST PARTNERS LP DAVID VONALLMEN as Trustee of the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN Case No Amended Complaint Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnell Stay Preve t1tt-Szfranski Levin TD Bank Onyx Banyon USVI BIF and Bcrcnfeld acted in their respective roles as described supra according a predetermined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BrF and Berenfeld were contrary to law as stated above There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BlF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages Boden and his co-conspirntors conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC ESffiMP.-N INVESTMENT LLC LlNDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VONALLMEN as Trustee of the DAVID VON ALLMEN UVlNG TRUST ANN VON ALLMEN as Trustee of the ANN VONALLMEN LlVING TRUST and DEAN COUNT CXVll237 CIVIL CONSPIRACY against Debra Villegas Case No Amended Complaint Plaintiffs incoi:porate the allegations contained in paragraphs I through as if restated herein Thjs is a claim for civil conspiracy As desc1ibed more fully above Rothstein Spinosa Kerstetter Caretskv Boden ViHegas Barnett Stay Preve a-Ad-Szfrnnski Levin TD Bank Onyx Banyon USVI BIF and Berenfold knowingly acted in concert to market and implement the illegal Ponzi scheme In doing so Villega acted with full knowledge and awareness that the activities of Rothstein and the other co-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve i-:tffi:1-Szfranski Levin TO Bank Onyx Banyon USVI BIF and Berenfeld acted in their respective roles as dci;cribed s1mm nccording to a prcdctcnnincd and commonly understood and accepted plan of action all for the pumose of obtaining substantial funds from investors focluding Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve rtl-Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld were contrary to law as stated above There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown Page Case No Amended Complaint to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages Villegass and her co-conspirators conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTEMENTINVESTMENT LLC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DA YID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trnstee of the ANN VON ALLMEN LIVING TRUST and DEAN Case No Amended Complaint Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve ttRtl-Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld acted in their respective roles as described supra according to a predetermined and commonly understood and accepted plan of action all for the puroose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve uH Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld were contrruy to Jaw as stated above There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Pfaintiffs damages Barnett and his co-conspirators conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPJT AL CLUB LLC BFMC fNVESIT,f lliN INVESTMENT LLC LlNDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DAVID VONALLMEN LIVING TRUST ANN VONALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN COUNT CIVIL CONSPIRACY against Frank Preve Case No Amended Complaint Plaintiffs incomorate the allegations contained in paragraphs through as if restated herein This is a claim for civil conspiracy As described more fully above Rothstein SpinornSpinosa Kerstetter Caretsky Bcxlen Villegas Barnett Stay Preve tlfit Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld knowingly acted in concert lo market and implement the illegal Ponzi scheme In doing so Preve acted with full knowledge and awareness that the activities of Rothstein and the other co-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein Rothstein tH h!,oSpinosa Kerstetter Caretsky Boden Villegas Bnmctt Stny Preve HR Szfranski Levin TD Bank Onyx Banyon USVI BIF and Bere.nfeld acted in their respective roles as described supra according to a predetermined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein SpinoznSpinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve ttntl-Szfranski Levin TD Bank Onyx Banyon USVl BIF and Berenfeld were contrary to law as stated above Page Case No Amended Complaint There was a meeting of the minds between and among Rothstein Spino1.t1Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acls proximately caused and continues to cause Plaintiffs damages Preves and his co-conspirators conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CA PIT AL CLUB LLC BFMC LESTEM EN JNVESTMENT LLC LINDA VON ALLMEN as Trustee of lhe VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VONALLMEN as Trustee of the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN Case No A mended Complaint other co-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein Rothstein Spinosa Kcrstcner Carctsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVL BIF and Berenfeld acted in their respective roles as described sunra according to a predetennined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Caretskv Boden Villegas Barnett Stay Prevc Szfranski Levin TD Bank Onyx Banyan USVI BIF and Berenfeld were contrary to law as stated above There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfransk.i Levin TD Bank Onyx Banyon lJSVI BlF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts all ged herein This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages Stays and her co-conspirators conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK RJNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTMENT LLC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Tmstee of the DA YID VON ALLMEN LIVING TRUST ANN VONALLMEN as Tmstec of the ANN VON ALLMEN Page Case No Amended Complaint LIVING TRUST and DEAN Case No Amended Complaint There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages Szfranski and his co-conspirators conduct has directly caused injmy and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTMENT LLC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN tl Case.No Amended-Complaint and Berenfeld knowingly acted in concert to market and implement the illegal Ponzi scheme ln doing so Onyx acted with full knowlcd and awareness that the activities of Rothstein and the olher co-conspirators were designed lo give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin Bank Onyx Ban yon USVI BIF and Berenfeld acted in their respective roles as described-.mpm according to a predelermined and commonly understood and.accepted plan of action all for 1he purpose of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BJF and Berenfeld were contrary to law as stated above There was a meeting of the minds between and among Ony through Szfranski and Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Levin TD Bank Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy commit these unlawful ovett acts proximately caused and continues to cause Plaintiffs damages Onyx 267sand its co-conspirators conduct has directly caused injury a 225damage to Plaintiffs WHEREFORE RAZORBACK RJNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTMENT LLC LINDA VON ALLMEN ao Trustee of the VON ALLMEN DYNASTY gc Case No Amended Complaint TRUST PARTNERS LP DAVID VON ALLMEN as Tmstee of the DA YID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Tnistee of the ANN VON ALLMEN LIVING TRUST and DEAN Case No Amended Complaint The overt acts of Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld were contrary to law as stated ahove There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages Levins and his co-conspirators conduct has directly caused injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTMENT LLC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Tntstee of the ANN VON ALLMEN LIVING TRUST and DEAN Case No Amended Complaint At all times material hereto Levin was acting in the scope of his employment as the chief executive officer of Banyon lJSVI and BJF At all times matetial hereto Preve was acting in the scope of his employment as the chief operating officer or agent of Banyon USVJ and BIF As described more fully above Banyon USVI and BJF through its employees and Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Szfranski TD Bank Onyx and Berenfeld knowingly acted in concert to market and implement the illegal Ponzi scheme In doing so Banyon USVJ and BIF acted with full knowledge and awareness thal the activities of Rothstein and the other co-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabricalions by Roths1ein Rothstein Spinosa Kerstetter Carctsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BJF and Berenfeld acted in their respective roles as described supra according to a predetennined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs The overt acL of Rothstein Spinosa Kersteuer Carelsky Boden Vi1legas Barnett Stay Prevc Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld were contrary to law I as stated above There was a meeting of the minds between and among Banyon USVI and BIF through its employees and Rothstein Spinosa Kerstetter Caret,;ky Boden Villegas Barnett Stay Szfranski TD Bank Onyx and Berenfeld and other individuals and entities both known Page I Case No Amended Complaint and unknown to commit the unlawful acts alleged herein This conspiracy to commit these unlawful overt acts vroximatcly caused and continues to cause Plaintiffs damages Banyon USVl.s and BIFs and their 267onspirntors conduct has dir tly ca sed injury and damage to Plaintiffs WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTMENT LLC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN Trustee of the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST:-and DEAN_ and Berenfeld knowingly acted in concert to market and implement the illegal Pon i scheme In doing so Berenfeld acted with full knowledge and awareness that the activities of.Rothstein and the other co-conspirators were designed to give the false impression of the existence of i gitimate investment opportunities when in 267fact the investments were no more than blatant fabrications by Rothstein Page Case No l9 Amended Complaint Rothstein Spinosa Kerstetter Carelsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld acted in their respective roles as described supra according to a predetem1ined and commonly understood and accepted plan of action all for the pumosc of obtaining substantial funds from investors including Plaintiffs The overt acts of Rothstein Spinosa Kerstetter Caretsky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld were contrary to law a.c stated ahove There was a meeting of the minds between and among Rothstein Spinosa Kerstetter Caret-;ky Boden Villegas Barnett Stay Preve Szfranski Levin TD Bank Onyx Banyon USVI BIF and Berenfeld and other individuals and entities both known and unknown to commit the unlawful act alleged herein This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages Bcrenfelds and its co-conspirators conduct ha directly caused injury and damage to PJainliff WHEREFORE RAZORBACK FUNDING LLC D3 CAPITAL CLUB LLC BFMC INVESTMENT LLC LINDA VON ALLMEN as Trustee of lhe VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DA YID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN DEMAND FOR JURY TRIAL Case No Amended Complaint Plaintiffs hereby demands a trial by jury as to all issues so biable by right CONRAD SCHERER LLP A"orner for Plaintiffs South Federal Highway 8th Floor Fort Lauderdale Florida I Tel Fax BY WILLIAM SCHERER Florida Bar No Page Summary Form THE FLORIDA BAR Daily News Summary An electronic digest of media coverage of interest to leaders of The Florida Bar compiled each workday by the Public Information and Bar Services Department Distributed to Board of Governors section and committee chairs staff members Florida Supreme Court justices and selected other persons For fax/photocopies of full-text articles contact the Public Information Bar Services Department at or e-mail pubinfo flabar.org Please visit our Web site for links to full text of articles Nov.1 Legal Profession ON HER TOES Florida Trend http://w.floridatrend.com Nov Page of4 Not only Is Pamela Marsh the first woman to be appointed U.S Attorney for Floridas Northern District shes also the districts first U.S Attorney whos a former ballerina Marsh says shes honored that President Barack Obama picked her to lead the U.S Attorneys Northern District office but she says being a woman has less impact on her approach to her job than her ballet experience Dancing professionally for ballet companies in Seattle and Fort Worth In the mld she says helped her become a more dogged prosecutor Marsh manages the districts assistant U.S attorneys and helps them focus on the departments priorities lncludlng healthcare fraud drug trafficking and Internet crimes against children STAYING ATOP THE PILE Pensacola News Joumal/Pensacola Business Journal http://w.pnj.com Oct The mountain of lawsuits piling up as a result of the BP oil spill could become the largest and most expensive collection of tort damage cases In American legal history Billions of dollars In damages are at stake as thousands of individuals and business owners sue BP Transocean and Halburton Pensacola attorney Brian Barr Is one of four lawyers chosen from a national pool by U.S District Judge Carl Barbier to guide the damage suits all consolidated in his court to trial Barrs job as a member of the Plaintiffs Steering Committees four-person executive council will be to coordinate litigation procedures for hundreds of other lawyers representing lndlvldual plaintiffs Judiciary JUDGE TURNER PLEASE Summary Fonn 225Lawver Ethics/Legal Dlsclpllne scoTT ROTHSTEIN SCANDAL ONE VEAR LATER Sun-Sentinel http://w.sun sentlnei.com Oct Page of Fallout from the largest fraud In South Florida history continues after the dark secret behind Scott Rothstelns success was revealed a year ago this week The Ponzi schemer now sits In prison with limited contact from the outside world While Rothsteins name has been wiped from buildings and billboards the path of flnanclal destruction left in his wake remains With the one year anniversary of the scandal questions still loom The Florida Bar has Investigated complaints against RRA attorneys and all but four attorneys have been cleared by the Bar of any wrongdoing Rothstein was disbarred Civil Justice Issues JUDGE IDLE FORECLOSURE SUITS GONE IN HOURS The Bradenton Herald http://w.bradenton.com Oct The foreclosure case was filed In March Within a month all of the parties were served with copies of the suit Then nothing The court case sat idle for the next years seemingly forgotten among the thousands of foreclosures clogging the legal system That was until Thursday when 12th Circuit Court Judge Paul Logan dismissed It for Inactivity In the span of hours he threw out foreclosure cases because they had been Inactive for at least months The purge was part of an effort to reduce the backlog of open foreclosure cases estimated at In Manatee County alone The target A 62-percent reduction or nearly cases before July JOE FRANCIS NOT THE ISSUE IN THIS CASE Walton Sun/Panama City News Herald column http://w.waltonsun.com Oct The column by News Herald editor Mike cazalas states There Is a reason media companies and newspapers particularly fight so hard to protect the rights provided by the First Amendment And whether the proceedings against Girls Gone WIid founder Joe Francis In federal civil court should remain open to the public and the media Is a much bigger Issue than the case itself Now we have the current case the one that had Freedom Communications First Amendment and public records attorney John Busslan giving oral arguments before the 11th Circuit Court of Appeals In Atlanta last week In that case four women sued Francis saying they were under when they were filmed In various stages of undress They are now In their early-to-mld-20s But as this case moves near trlal attorneys for the plaintiffs have become desperate In their attempts to protect the womens identities Freedom Communications fought that under the basic premise that courtrooms are open forums and It Is not the governments job to tell the media what to report TOBACCO MISTRIAL SPLIT JURY CANT AGREE ON SMOKERS ADDICUON Daytona Beach News-Journal Oct The case to decide the first of more than local cigarette smokers lawsuits against the tobacco Industry ended in a mistrial Friday Oct after a jury deliberated for more than hours but could not break a deadlock Seventh Circuit Judge Robert Rouse Jr told the three men and three women on the Jury of Koballa R.J Reynolds Tobacco Co that It was the second time In years verdict could not be reached in his courtroom Stella Koballa of Daytona Beach smoked for more than years beginning In when she was a teenager Koballas attorneys said she suffered lung cancer and chronic obstructive pulmonary disease as a result of her long addiction to cigarettes Jurors who asked not to be identified said they couldnt agree on the meaning of the word addiction Criminal Justice Issues POST-CONVICTION HEARING FOR TAJ MAHAL OWENS CENTERS ON FAIR TRIAL nsf/0/a3 flbd43b I Summary Form Page of Florida Today http://w.floridatodav.com Oct Three years ago Taj Mahal Owens was sent away to prison for years after a jury found him guilty of attempted second-degree murder and shooting Into an occupied motor vehicle In Owens waited at a street corner In Melbourne and then shot Into a vehicle occupied by his former girlfriend Anntwlnnett Dixon and Edmund Cochrane according to law enforcement authorities On Friday Oct attorneys representing Owens at a post-conviction relief hearing granted by Judge George Maxwell said the two public defenders representing Owens at the time failed to Interview two potential alibi witnesses and did not provide Owens proper advice regarding a plea offer The two public defenders Christopher Beres and Terry Locy who no longer work for that office were subpoenaed to appear in court Friday Beres said the state offered Owens a plea deal of years but he advised his cllent to reject It In part because he believed Cochrane was not going to show up as a witness Cochrane turned up at the trlal and testified identifying Owens as the shooter SHERIFF MORGAN WILL LIMIT HIS HELLOS Pensacola News Journal http://w.pni.com Oct Escambia County Sheriff David Morgan agreed Friday Oct to a judges request to stop greeting jury pools who assemble in the courthouse Monday mornings for jury duty Meanwhlle at least two defense attorneys said Friday they are filing motions for retrials for their convicted clients claiming Morgan could have unduly Influenced jury members Public Defender James Owens and a group of criminal defense attorneys complained In letters to Chief Judge Terry Terrell on Thursday Oct that Morgans talks with jurors may unfairly sway them to law enforcements side In criminal cases For the past several months Morgan has appeared before citizens summoned to the M.C Blanchard Judicial Building on Monday mornings to thank them for their public service Before that as prospective jurors board a trolley for the ride from a parking lot near the Pensacola Civic Center to the state or federal courthouse Morgan greets them hands them a business card and thanks them for their service Morgan agreed to discontinue his greetings to jury assemblies but Terrell declined to stop Morgan from going to the trolley stop because the parking lot Is a public place BABY SHANNONS MOTHER RELEASED AFTER FELONY CHARGE DROPPED Northwest Florida Daily News http://w.nwfdailynews.com Oct The case that made national headlines last year when Baby Shannonn went missing came to a quiet end Friday for the babys mother as she pleaded no contest to a misdemeanor charge and was released from jail Crystlna Mercer who was jalled for providing false Information to law enforcement was given credit for time served Shannon Dedrick disappeared from her home Oct The ensuing five-day search for Baby Shannon was the largest operation In the history of the Washington County Sheriffs Office The child was located Nov In a latched wooden box under the bed of her baby sitter Susan Baker Baker was convicted Oct after a weeklong trlal on charges of aggravated child abuse Interference with custody and providing false Information to law enforcement Because the state maintains Baker stole the baby Mercers call after Shannons disappearance was legitimate authorities said Since Baker stole the baby Mercer didnt interfere with custody Other MONEY WOES CAN BE EARLY CLUE OF ALZHEIMERS The Gainesville Sun http://w.gainesville.com Oct The article is by The New York Times One day It all came crashing down The homeowners association called asking for their fees To Mrs Packels surprise her husband had simply stopped paying them Then she learned he had stopped writing checks to his creditors too It turned out that Mr Packet was developing Alzheimers disease and had forgotten how to handle money New research shows that one of the first signs of impending dementia Is an lnablty to understand money and credit contracts and agreements It Is not just families who are affected financial advisers and lawyers say they are finding themselves In a bind when their clients minds seem to be slipping For lawyers the main question Is at what point a client lacks the
