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Court Records as described by folder names.
Epstein Release Interview Victim Statements Evidence Maxwell
← Back to Epstein v. Rothstein, No. 50-2009-CA-040800-XXXX-MB (Fla. 15th Cir. Ct. 2009)
Extracted Text

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CTX P!Z b!o C,C qrM 10Cy qr8 I fX2 9R lO KV CTX Oo CTX A qr r?qr rq YY Lsy7H4 C,6E IL CTX U3 CTX J,O3_3xx qrM?r q?CX Y9/C 9CX CTX Y10Cy CX CX CX YC YY FV uTl bEWa ȓjJ-8 Gc G??Q9E 9Wq CTX CTX Up i I A 9_ qr qr YY D.X 7s F??Y bc3_c iH CTX CTX A qr 10Cy YY EMq 7H AY mK9Z BY A2 P6L N7 CTX CTX a I I i qr rC CTX CTX 7O I FMM qr qr i I I3 CTX Z6 I L(K4 P:u Z6P CTX y8 __ Case No Amended Complaint LIVING TRUST and DEAN Kll,Iff CHMAR request judgment against MICHAEL SZFRANSKI for compensatory damages together with court costs and such fmther.relief as the Court deems prdper COUNT AIDINGAND Caie No Amended Complaint MANAGEMENT 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 Plaintiffs incorporate 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 the Banyon Investors invested were bogus and Rothstein was operating a Ponzi scheme through his fim1 RRA and through TD Bank In furtherance of the Ponzi scheme Rothstein exercised unauthorized dominion and control over the property of the Banyon Investors when he absconded with the Banyon Investors in funds Rothsteins conversion of the Banyon Investors funds has permanently deprived 1he Ban yon Investors of their propert_y Based upon Rothstein having initially fled the counuy after emptying out the trust accounts any attempts by the Banyon Investors to make demand upon him for the return of their property would be futile Rothsteins actions have directly caused injury and damages to the Banyon lnvcstors WHEREFORE LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVlD VON ALLMEN a Tmstee of the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LJVJNG TRUST and DEAN Case No Amended Complaint COUNT X-1-XSJ AIDING AND Case No Anlended Coinplaint LIVING TRUST and DEAN Case No Amended Complaint WHEREFORE LINDA VON ALLMEN as Trustee of the VON AILMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DAVID VON ALLMEN LIVlNG TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVlNG TRUST and DEAN Case No Amended Complaint Caretsky actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving the Banyon investors of their propeny by deceiving the Banyon Investors into turning its property over to Rothstein under false pretenses Caretskys actions have directly caused injury and damages to the Banyon Investors WHEREFORE LINDA VON ALLMEN as Tmstee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of the DAVID VON ALLMEN LlVING TRUST ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN Case No Amended Complaint Based upon RothsLein having initially fled the country after emptying out the trust accounts any attempts by the Banyon Investors to make demand upon him for the return of their property would be futile At aJI times material hereto Kerstetter was acting in the scope of her employment as an assistant manager of TD Bank Al all times material hereto Caretsky was acting in the scope of her employment as an assistant vice president and branch manager of TD Bank TD Bank through it employees while acting with.in the scope of their employment actively assisted and provided substantial assistance lo Rothstein in either temporarily or permanently depriving the Banyon lnveslors of their property by allowing Rothstein to make unauthorized withdrawaJs of its funds and by deceiving the Banyon Investors into n1rning its property over to Rothstein under false pretenses TD Banks actions have directly caused injury and damages to the Banyon Investors WHEREFORE UNDA VON ALLMEN-c as Trustee of the YON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN ac Trustee of the DAVID YON ALLMEN LIVING TRUST ANN YON ALLMEN as Tmstee of lhe ANN VON ALLMEN LIVING TRUST and DEAN Case No Amended Complaint COUNT AIDING AND Case No Amended Complaint LIVING TRUST and DEAN Case No Amended Complaint WHEREFORE LINDA VON ALLMEN as Trustee of Lhe VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN ns 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 the settlement agreements purch_ased by investors were real that they had been fulJy funded that they would be paid out to investors over a predetermined schedule and-by deceiving the Banyon Investors into turning its property over to Rothstein under false pretenses Levins-actions have directly caused injury and damages tothe Banyon Investors WHEREFORE LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN a.c 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 Based upon Rothstein having initially fled the country after emptying out the trust account any attempts by the Banyon Investors to make demand unon him for the return of their property would be futile Preve actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving the Banyon investors of their property by representing that the settlement agreements purchased by investors were real that they had been fully funded that they would be paid out to investors over a predetennined schedule and by deceiving the Banyon Investors into turning its property over to Rothstein under false pretenses Preve actions have directly caused injury and damages to the Banyon Investors WHEREFORE LINDA VON ALLMEN ais 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 Case No Amended Complaint control over Lhe property of the Banyon Investors when he absconded with their in funds Rothsteins conversion of the Banyon Investors funds has permanently deprived the Banyon Investors of their property Based upon Rothstein having initially fled the country after emptying out the trust accounts any attempts by the Banyon Investors to make demand upon him for the return of their property would be futile At all times material hereto Levin was acting in the scope of his employment as the chief executive officer of Banyon USVI and BIF I At all times material hereto Prevc was acting in the scope of his employment as the chief operating officer or agent of Banyon USVI and BIF Banyon USVI and BIF 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 the Banyon Investors of their property by representing that the settlement agreements purchased by investors were real that they had been fu1ly funded that they would be paid out to investors over a predetermined schedule and by deceiving the Banyon Investors into turning its property over to Rothstein under false pretenses Banyon USVls and BIFs actions have directly caused injury and damages to the Banyon Investors WHEREFORE LINDA VON ALLMEN as Tntstee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DA YID VON ALLMEN ai Tntstee of the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Tmstce of the ANN VON ALLMEN Page Ca-.e No Amended Complaint LIVING TRUST and DEAN Case No Amended Complaint Szfranskis actions have directly caused injury and damages to the Banyon Investors WHEREFORE LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST PARTNERS LP DAVID VON ALLMEN as Trustee of 267the DAVID VON ALLMEN LIVING TRUST ANN VON ALLMEN as Tmstee of Lhe ANN VON ALLMEN LlVJNG TRUST and DEAN Case No Amended Complaint At all times material hereto Szfranski was acting in lhe scope of his employment as president of Onyx Onyx 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 the Banyon Investors of their.property by verifying false bank statements and deal documents and by deceiving the Banyon Investors into turning its property over to Rothstein under false pretenses Onyxs actions have directly caused injury and damages to the Ban yon Investors WHEREFORE 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 Trustee of the ANN VON ALLMEN LIVING TRUST and DEAN _f r,r Case No Amend cl Complaint control over the property of the Ban yon Investors when he absconded with their in funds Rothstein conversion of the BanyonlnvestorsJunds has permanently deprived the Ban yon Investors of their property Based upon Rothstein having foitially fled the country after _emptying out the trust accounts any attempts by the Banyon Investors to make demand upon him for the return of their property would be futile Berenfeld actively assisted a11d provided substa_ tia:I assistance to Rothstein in either temporarily or permanently depriving the Banyon Investors of their property by providing false auditing documents relating to Banyon and RRA and by deceivin"g the Banyon Investors into turning,itsproperty over to Rothstein under false pretenses Berenfeld"s actions have directly caused injury and damages to the Baiwon Investors WHEREFORE LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST L-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 This is a claim foi negligent supervision Case No An,_1ei1ctfd.Complaint As described mote fully above Spinosa Kerstct,tcr and Caretsky participated wjlh actual or constructive knowledge in Rothsteins Ponzi scheine Kerstetters and Caretskys participation included but was.,not limited to providing the Banyon Jn 225estors with false information concerning the amounts deposited in RRA trust accotints In reliance on Kerstctters arid Caretskys representations on May the Banyon Investors began sending.paymenL to RRAs account al TD Bank eventually funding a total of The Banyan Investors reliance on Kerstetters and Caretskys representations was reasonabie and justified TD Bank 267owed a duty to the Banyon Investors to ensure that its employees were not actively defrauding depositors by making false representations in order to trick them into 267aking unsafe depcisi1s,_inio,tnist:accoun1s that they knew or reasonably should have known were being raided by_ Rothstein TD Bank breached its duties to the Ban yon Investors because it had actual or constructive notice that its assistant manager and assistant vice president and branch manager were either fraudulendy 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 to investigate or take corrective action against Kerstetter or Caretsky the Banyan Investors have sustained damages Page Case No Afuencled complaint WHEREFORE UNDA VON ALLMEN as Tmstee 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 C1se No A mended Complaint COUNT XXl FRAUDULENT MISREPRESENTATION against Scott Rothstein Plaintiff incorporates the allegations contained in paragraphs through as if restated herein This is a claim for fraudulent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his finn RRA and through TD Bank In furtherance of the Ponzi scheme Rothstein knowingly made material false statements and representations including but not limited to representing that the settlement agreements purchased by investors were real that they had been fully funded and that they would be paid out to investors over a predetermined schedule Rothstein intended Razorback to act on his knowingly false representations Razorback justifiably relied upon Rothstein"s representations to its detriment As a direct and proximate result of Rothstein false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against SCOTT ROTHSTEIN for compensatory damages together with court costs and such further relief as the Court deems proper COUNT FRAUDULENT MISREPRESENTATION against Frank Spinosa Plaintiff incorporates the allegations contained in paragraphs through as if restated herein This is a claim for fraudulent misrepresentation Page Case No Amended Complaint As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank In furtherance of the Ponzi scheme Spinosa knowingly made materiaJ false statements and representations including but not limited to supplying investors with false bank account statements and misleading and untme written assurances concerning the settlement accounts Spinosa intended Razorback to act on his knowingly false representations Razorback justifiably relied upon Spinosas representations to its detriment As a direct and proximate result of Spinosa false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC reguests judgment against FRANK A SPINOSA for compensatory damages together with court costs and such further relief as the Court deems proper COUNT X-X FRAUDULENT MISREPRESENTATION against Jennifer Kerstetter Plaintiff incorporates the allegations contained in paragraphs I through as if restated herein This is a claim for fraudulent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank Page Ca No Amended Complaint In furtherance of the Ponzi scheme Kerstetter knowingly made material false statements and representations including but not limited to supplying investors with false bank account statements Kerstetter intended Razorback to act on her knowingly false representations Razorback justifiably relied upon Kerstetters representations to its detriment As a direct and proximate result of Kerstetter"s false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against JENNIFER Case No Ainendecf Complaint As a direct and pro_ximate result of Caretskys false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC reguests judgment against ROSEANNE Case No Amended Complaint TD Bank through Spinosa Kerstetter and Caretsky intended Razorback to act on their knowingly false representations Razorback justifiably relied upon TD Bank through Spinosa Kerstetter and Caretsky representations to its detriment As a direct and proximate result of TD Banks made through Spinosas Kerstetter and Caretsky false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against TD BANK A for compensatory damages together with court costs and such further relief as the Court deems proper COUNT XIX71 FRAUDULENT MISREPRESENTATION against lironli Pren-George Levin PJaintiff incorporates the aJlegations contained in paragraphs through as if restated herein This is a claim for fraudulent misrepresentation As descrihed more fully above Rothstein wus operating a Ponzi scheme through his finn RRA and through Bank In furtherance of the Ponzi scheme Levin knowingly made material false statements and representations including but not limited to representing that the settlement agreements purchased by investors were real that they had been fully funded and that they would be paid out to investors over a predetermined schedule Levin intended Razorback to act on his knowingly false representations Razorback justifiably relied upon Levin representations to its detriment Page Case No Arilended Complaint As a direct and proximate result of Levin false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC reguests judgment against GEORGE LEVIN for compensatory 267damages together with cou11 costs and such further relief as the Court deems proper COUNT FRAUDULENT MISREPRESENTATION againstFrank.Preve Plaintiff incor:porates the allegations contained in paragraphs I through as if restated herein This is a claim for fraudulent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank In furtherance of the Ponzi scheme Preve knowingly made material false statements and representations including but not limited to supplying investors with false bank account statements and false confirmations that other monies had been wired to RRA trust accounts Preve intended Razorback to act on his knowingly false representations Razorback justifiably relied upon Preves representations to its detriment As a direct and proximate result of Preve false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against FRANK PREVE for compensatory damages together with court costs and such further relief as the Court deems proper Page Case No Amended Complaint COUNT NEGblGENT73 FRAUDULENT MISREPRESENTATION against Frnnk SpinasaBanyon Income Fund LP and Banyon USVI LLC Plaintiff incorporates the allegations contained in paragraphs I through HH as if restated herein This is a claim for fraudulent misrepresentation At all times material hereto Levin was acting in the scope of his employment as the chief executive officer of Banyon USVI and BJF At all times material hereto Preve was acting in the scope of his employment as the chief operating officer or agent of Banyon USVI and BIF As described more fully above Rothstein was operating a Ponzi scheme through his finn RRA and through TD Bank In funherance of the Ponzi scheme Banyon USVI and BIF through Levin and Preve knowingly made material false statements and representations including but not limited to representing that the settlement agreements purchased by investors were real that they had been fully funded and that they would he paid out to investors over a predetermined schedule Banyan USVI and BIF through Levin and Preve intended Razorback to act on their knowingly false representations Razorback justifiably relied upon Banyon USVIs and BIFs through Levins and Preve representations to their detriment As a direct and proximate result of Banyon USVls and BIFs made through Levins and Preve false statements and representations Razorback has sustained damages Page Case No Amended Complaint WHEREFORE RAZORBACK FUNDING LLC requests judgment against BANYON INCOME FUND LP and BANYON USVl LLC for compensatory damages together with coun costs and such further relief as the Court deems proper COUNT FRAUDULENT MISREPRESENTATION against Michael Szfranski Plaintiff incorporates the allegations contained in paragraphs through as if restated herein This is a claim for fraudulent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his finn RRA and through TD Bank In furtherance of the Ponzi scheme Szfranski knowingly made material false statements and representations including but not limited to verifying false bank statements and deal documents Szfranski intended Razorback to act on his knowingly false representations Razorback justifiably relied upon Szfranskis representations to its detriment As a direct and proximate result of Szfransk.is false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against MICHAEL SZFRANSKI for compensatory damages together with court costs and such further relief as the Court deems proper COUNT FRAUDULENT MISREPRESENTATION against Onyx Capital Management Page Case No Amended Complaint Plaintiff incorporates the allegations contained in paragraphs through as if restated herein This is a claim for fruuduent misrepresentation At all times material hereto Szfranski was acting in the scope of his employment as president of Onyx As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank In furtherance of the Ponzi scheme Onyx through Szfranski knowingly material false statements and representations including but not limited to verifying false bank statements and deal documents Onyx through Szfranskj intended Razorback to act on its knowingly false representations Razorback justifiably relied upon Onyxs through Szfranskis representations to its detriment As a direct and proximate result of Onyxs made through Szfranskis false representations Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against ONYX CAPITAL MANAGEMENT for compensatory damages together with court costs and such further relief as the Court deems proper COUNT FRAUDULENT MISREPRESENTATION against Berenfeld Spritzer Shechter Sheer LLP Plaintiff incorporates the allegations contained in paragraphs through as if restated herein Page This is a claim for fraudulent misrepresentation I Case No Ame1ided Complaint As described more fully above Rothstein was operating a Ponzi 267scheme through his firm RRA and through TD Bank In furtherance of the Ponzi_ scheme Berenfeld knowingly made material false statements and representations includingi but not limited to providing false auditing documents relating to Banyon and RRA Berenf eld intended Razorback to act on its knowingly false representations Razorback justifiably relied upon Berenfelds repr sentati?ns to its detriment As a direct and proximate result of Berenfelds false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC reqttests judgment against BERENFELD SPRITZER SHECHTER SHEER LLP for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Frank Spinosa Plaintiff incorporates-the allegations contained in paragraphs I through as if restated herein This is a claim for negligent misreprese 267ntation As described more fully above Rothstein was opemting a Ponzi scheme through his firm RRA and through TD Bank Page I of jL i Case No Amended Complaint In furtherance of the Ponzi scheme Spinosa made material false statements and representations including but not limited to supplying investors with false bank account statements and misleading and untrue written assurances concerning the settlement accounts When making the false statement and representations Spinosa either knew or reasonably should have known that they were false Spinosa owed Razorback a duty of care because he knew or had reason to know that Razorback was placing trust and confidence in him and relying on him to infonn it Spinosa breached his duty to Razorback by making false representations with the intention that Razorback rely on them Razorback justifiably relied upon Spinosa representations to its detriment As a direct and proximate result of Spinosas false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against FRANK A SPINOSA for compensatory damages together with com1 costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Jennifer Kerstetter Plaintiff incoaJOrates the allegations contained in paragraphs I through I as if restated herein This is a claim for negligent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his fim1 RRA and through TD Bank Page I Case No Amended Complaint ln furtherance of the Ponzi scheme Kerstetter made material false statements and representations including hut not limited to supplying investors with false bank account statements When making the false statements and representations Kerstetter either knew or reasonaby should have known that they were false Kerstetter owed Razorback a duty of care because she knew or had reason to know that Razorback was placing trust and confidence in her and relying on her to inform it Kerstetter breached her duty to Razorback by making false representations with the intention that Razorback rely on them Razorback justifiably relied upon Kerstetters representations to its detriment As a direct and proximate result of Kerstetter false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC regucsts judgment against JENNIFER Case No Amended Complaint In m1herance of the Ponzi scheme Caretsky made material false statements and representations including but not limited to supplying investors with false bank account statements When making the false statements and representations Kerstetter either knew or reasonably should have known that they were false Caretsky owed Razorback a duty of care because she knew or had reason to know that Razorback was placing trust and confidence in her and relying on her to infom1 it Caretsky breached her duty to Razorback by making false representations with the intent.ion that Razorback rely on them Razorback justifiably relied upon Caretskys representations to its detriment As a direct and proximate result of Caretskys false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against ROSEANNE Case No Amended Complaint At all times material hereto Kerstetter was acting in the scope of her employment as an assistant manager of TD Bank At aJl times material hereto Caretsky was acting in the scope of her employment as an aisistant vice president and branch manager of TD Bank As described more fully above Rothstein was operating a Ponzi scheme through his fim1 RRA and through TD Bank In furtherance of the Ponzi scheme TD Bank through Spinosa Kerstetter and Caretsky made material false statements and representations including but not limited to showing investors false statements of the amounts in RRA trust accounts and providing misleading and untrue written assurances concerning the settlement accounts When making the false statements and representations TD Bank through Spinosa Kerstetter and Caretsky either knew or reasonably should have known that they were false TD Bank owed Razorback a duty of care because ic knew or had reason to know that Razorback was placing trust and confidence in her and relying on it to infom1 them TD Bank breached its duty to Razorback by making false representations through Spinosa Kerstetter and Caretsky with the intention that Razorback rely on them Razorback justifiably relied upon TD Banks through Spinosas Kerstetters and Caretsky representations to their detriment As a direct and proximate result of TD Banks representations made through Spinosa Kerstetter and Caretsky Razorback has sustained damages Page Case No Amended Complaint WHEREFORE RAZORBACK FUNDING LLC reguesls judgment against TD BANK A for compensatory damages together with court costs and such further relief as the Court deems proper lJNl X-a NG--A-ND-Ali-J ANG--U-R-EAGH--OF--l 225:lD-lK-IA-R U-.J COUNT NEGLIGENT MISREPRESENTATION against Fnrnlc Sf in1 M1George Levin Plaintiff incornoratcs the allegations contained in paragraphs I through I as if restated herein This is a claim for negligent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his tim1 RRA and through TD Bank In funherance of the Ponzi scheme Levin made material false statements and representations including but not limited to representing that the settlement agreements purchased by investors were real that they had been fully funded and that they would be paid out to investors over a predete1mined schedule When making the false stalements and representations Levin either knew or reasonaby should have known that they were false Levin owed Razorback a duty of care because he knew or had reason to know that Razorback was placing trust and confidence in him and relying on him to inform them Levin breached his duty to Razorback by making false representations with the intention that Razorback rely on them Razorback justifiabJ relied upon Levins representations to its detriment P;ige Case No Am nded Complaint As a direct and proximate result of Levin false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requesLi judgment against GEORGE LEVIN for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Frank Preve Plaintiff incorporates the allegations contained in paragraphs through as if restated herein This is a claim for negligent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank In furtherance of the Ponzi scheme Preve made material false statements and representations including but not Jimited to representing that the settlement agreements purchased by investors were real that they had been fully funded and that they would be paid out to investors over a predetermined schedule When making the false statements and representations Preve either knew or reasonably should have known that they were false Preve owed Razorback a duty of care because he knew or had reason to know that was placing trust and confidence in him and relying on him to inform them Preve breached his duty to Razorback by making false representations with the intention that Razorback rely on them Razorback justifiably relied upon Preve representations to its detriment Page i Caie No Ame11cied Complaint As a direct and proximate resull of Preves false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC reyuests judgment against FRANK PREVE for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENTMISREPRESENTATION againsfBariyon Income Fund LP and 267Ba1iyonUSVI LLC Plaintiff incoi:porates the allegations contained in paragraphs I through as if restated herein This is a claim for negligent misrepresentation At all times material hereto Levin was acting in the scope of his employment as the chief executive officer-of Banyon USVI and BlF At 267all times material hereto Preve was acting in the scope of his employment as the chief operating officer or_agentofBanyon USVI and BIF As described more fully above Rothstein was_ operating a Ponzi scheme through his fim1 RRA and through TD Bank In furtherance of the Ponzi scheme Banyon USVI and BJF through Levin and Preve made material faJse statements and representations including but not limited to representing that the settlement agreements purchased by investors were real that they had been fully funded and that they would be paid out to investors over a predetermined schedule When making the false statements and representations Banyon USVl and 267BIF through Levin and Preve either knew or reasonably should have known that they were false Page __ I I Case No Ainencied Complaint Banyon USVI and BIF owed Razorbal a duty of care because it knew or had reason to know that Razorback was placing trust and confidence in it and relying on it to infom1 Banyon USVI and BIF breached its duty to Razorback by making false representations through Levin and Preve with the intention that Razorback rely on them Razorback justifiably relied upon Banyon USYls and BIFs through Levins and Prcves representations to its detriment As a direct and proximate result of Banyon US Vis and BIFs representations made through Levin and Preve Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC requests judgment against BANYON INCOME FUND LP and BANYON-USVI LLC for compensatory damages together with court c:osts and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Michael Szfranski Plaintiff incorporates the allegations contained in paragraphs through I I as if restated herein This is a claini for negligent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank In furtherance of the Ponzi scheme Szfranski made ma.tetial false statements and representations including but not limited to verifying false bank statements and deal documents When making the false statements and representations Szfranski either knew or reasonably should have known that they were false Page Cac;e No Amended Complaint Szfranski owed Razorback a duty of care because he knew or had reason to know that as an independent verifier Razorback was placing trust and confidence in him and relying on him to inform them Szfranski breached his duty to Razorback by making false representations with the intention that Razorback rely on them Razorback justifiably relied upon Szfranskis representations its detriment As a direct and proximate result of Szfranski"s false statements Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC reyueslS judgment against MICHAEL SZFRANSKI for compensatory damages together with court costs and such further relief the Court deenls proper COUNT.85 NEGbIGENT MISREPRESENTATION 11gainsfOnyx Capitai Management Plaintiff incorporates the allegations contained in paragraphs through as if restated herein This is a claim for negligent misrepresentation At all times material hereto Szfranski was acting in the scope of his employment as president of Onyx As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA,_andthroughTD Bank In furtherance of the Ponzi scheme Onyx through Szfranski made material false stateri1ents and repre 267sentations including but not limited to verifying false bank statements and deal documents Page Case No AmendeciCoinplaint When making the:false statements and representations Onyx through Szfransk.i either knew or reasonably should have known that they were false Onyx owed Razorback a duty of care because it-knew or had reason to know that as an independent verifier Razorback was placing trust and co 267nt1dencc in it and relying on Onyx to inform it Onyx breached its duty to Razorback by making false representations through Szf ranski with the intention thal Razorback rely on them Razorback justifiably relied upon Onyxs through Szfranskis representations to ils detriment As a direct and proximate result of Onyx representations made through Szfransk.i Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC reguests judgment against ONYX CAPITAL MANAGEMEN for compensatory damages together with court costs and such further relief as the Court deert1s proper COUNT:86 NEGLIGENT-MISREPRESENTATION ag instBererifeld Spritzer echter Sheer LLP Plaintiff incorporates the aflegarions contained in paragraphs I through I as if restated herein This is a claim fornegligent misrepresentation As described more fully above Rothstein was operating a Pon:Zi scheme through his finn RRA and through TD Bank Page
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