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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 Amehded Complaint WHEREFORE RAZORBACK FUNDING LLC reguests judgment agairist BERENFELD SPRITZER sHECHTER SHEER LLP for compensatory damagespog th with court costs and such funher reJief as the Court deems proper COUNT".132 NEGLIGENTSUPERVISION fagainstTI Bank A Plaintiff incorporates the allegations contained in paragraphs through W-f as if restated hereiri I This is a claim for negligent supervision As described ore fully above Spinosa Kerstetter and Caretsky pru1icipated with,actual or constructive knowledge in Rothsteins Ponzi scheme Sp1nosa Kerstetter and Caretskys panicipation included 267but was not limited to providing the Razorback with false 225information concerning the amounts deposited in RRA tmst accounts and supplying investors with-misleadif!g and untme written assurances concerning the settlement accounts In reliance,.on Spinosa Kerstetters and Caretskys_ representations on October Razorback began sending payments to RRA account at TD Bank eventually funding a total of Razorbacks reliance on Spinosas Kerstetter and Caretskys _representations was reasonable and justified TDBank owed,a-duty to Razorhack to ensure that its employees were not 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 ided by Rothstein Page Case No Amended Complaint I TD Bank breached its duties to Razorback because it had actual or constmctive notice that its assistant manager and assistant vice president and branch manager were either fraudulently or negffgently 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 Spinosa Kerstetter or Caretsky Razorback has sustained damages WHEREFORE RAZORBACK FUNDING LLC regue ts judgment against TD BANK N.A for compensatory damages together with com1 costs and such further relief as the Coun deems proper Page Case No Amended Complaint COUNT jJ FRAUDULENT MISREPRESENTATION against Scott Rothstein Plaintiff incorporates the allegations contained in paragmphs 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 Rothstein knowingly made material false statements and representations including but not limited to replesenting 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 predetem1ined schedule Rothstein intended to act on his knowingly false representations D3 justifiably relied upon Rothstein representations to its detriment As a direct and proximate result of Rothsteins false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against SCOTT ROTHSTEIN for compensatory damages together with court costs and such further relief as the Court deems proper COUNT against Frank Spinosa Plaintiff incorporates the allegations contained in paragraphs through uq as if reslated herein This is a claim for fraudulent misrepresentation Page Ca eNo Ame 225i1ded Complaint As described more folly above Rothslein was operating a Ponzi.scheme through his fim1 RRA and through TD Bank In furtherance the Ponzi scheme Spinosa knowingly made maleriaJ false statements and representations including but not limited to supplying investors with false bank account statements and misleacling and untrue written assurances concerning the settl ment accounts Spinosa intended D3 to act on his knowingly false representations D3 justifiably relied upon Spinosas representations to its dettiment As a direct and proximate result of Spinosas false statements I?J has sustairied damages WHEREFORE D3 CAPITAL CLUB LLC reguests judgment against FRANK A SPINOSA for compensatory damages together with court costs and such further relief as the Court deem proper COUNTUXl35 FRAUDULENT MISREPRESENTATION against Jennifer Kerstetter Plaintiff incomorates the allegations contained in paragraphs I th.rough as if restated herein This is a claim for fraudulent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme through his fim1 RRA and through TD Bank In furtherance of the Ponzi scherne Kerstetter knowingly made material false statements and representations including but not limited to supplying investors ith false bank acc:ount statements Page Case No Amended Complaint Kerstetter intended D3 to act on her knowingly false representations D3 justifiably relied upon Kerstetters representations to its detriment As a direct and proximate result of Kerstetters false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against JENNIFER Case No A mended Complaint WHEREFORE D3 CAPITAL CLUB LLC requests judgment against 267ROSEANNE Case No Amended Complaint D3 justifiably relied upon TD Banks through Spinosas Kerstetter"s and Caretskys representations to its detriment As a direct and proximate result of TD Banks made through Spinosas Kcrstettcr and Carctskys false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against TD BANK N.A for compensatory damages together with court costs and such fm1her relief as the Com1 deems proper COUNT FRAUDULENT MISREPRESENTATION against Jivank St inoseGeorge Levin 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 finn RRA and through TD 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 predete1mined schedule Levin intended D3 to act on his knowingly false representations justifiably relied upon Levin representations to its delriment As a direct and proximate result of Levins false statements D3 has sustained damages Page Case No Am nded Complaint WHEREFORE D3 CAPITAL CLUB LLC requesls judgment against GEORGE LEVIN for compensatorv damages together with court costs and such further relief as the Coun deems proper COUNT FRAUDULENT MISREPRESENTATION against Frank Preve 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 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 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 predetennined schedule Preve intended D3 to act on his knowingly false representations D3 justifiably relied upon Preve representations to their detriment I I As a direct and proximate result of Preves false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC reguests 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 FRAUDULENT MISREPRESENTATION against Banyon h1come Fund LP and Banyon USVI LLC Plaintiff incmporates the allegations contained in parngraphs I through as if restaced 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 USYI and BlF 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 firm RRA and through TD Bank In furtherance of the Ponzi scheme Banyon USVI and BIF through Levin and Preve knowingly 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 predetermined schedule Banyon USVI and BIF through Levin and Preve intended D3 to act on their knowingly false representations D3 justifiably relied upon Banyon USVIs and BIFs through Levins and Preve representations to their detriment As a direct and proximate result of Banyon USVJs and Blf"s made through Levins and Preve false statements and representations D3 has sustained damages Page Case No Aihe11ded complaint WHEREFORE D3 CAPITAL CLUB LLC requests judgment against BANYON INCOME FUND LP and BANYON USVI LLC for compensatory damages together with coun costs and such further relief as the Court deems proper COUNT FRAUDULENT MISREPRESENTATION gamst Micliael Szfranski Plaintiff incOJ:porates the allegations contained in paragraphs I through I _I as if restated herein This is a claim for fraudulentmisrepresentation As described more fully above Rothstein was operating:a Ponzi scheme thro1igh his firm RRA and through TD Bank In furtherance of the Ponzi scheme Szfranski knowingly made material false statements and represenlatibns including but not limited to verifying false bank statements and deal documents Szfranskiintended D3 to act on his knowingly false representations D3 iustifiably relied upon Szfranskis representations to its detriment As a direct and proximate result of Szfranski false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC reguests judgment against MICHAEL SZFRANSKI for compensato1y damages together with court costs and such further relief as the Court deems proper Page I I Case No Amended Complaint COUNT FRAUDULENT-MISREPRESENTATION against Onyx Cai itai Management Plaintiff incomorates the allegations contained in paragraphs I through as if restated herein This is a claimfor fraudulent misrepresentation At all times material hereto Szfranski was acting in the scope of his employment as president of Onyx As described more fullv above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank I ln 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 Szfranski intended D3 to act on its knowingly false representations iustifiably relied upon Onyxs through Szfomskis presentations its detriment As a direct and proximate result of Onyxs made through Szfranskis false representations D3 has SListained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against ONYX CAPITAL 267MANAGEMENT for compensatory damages together with court costs and-such further relief as the Court deems proper Page II I Ca No Amended Complaint COUNT FRAUDULENT MISREPRESENTATION against Berenfeld Spritzer Shechter Sheer LLP Plaintiff incon,orates the allegations contained in parc1.graphs I through as if restated herein This is a claim for fraudulent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme th.rough his finn RRA and through TD Bank In furtherance of the Ponzi scheme Berenfeld knowingly made material false statements and representations including but not limited to providing false auditing documents relating to Banyon and RRA Berenfeld intended D3 to act on its knowingly false representations I D3 iustifiably relied upon Berenfelds representations to its detriment As a direct and proximate result of Berenfelds false statements D3 has sustained damages WHEREFORE D3 CA PIT AL CLUB LLC regucsts judgment aguinst 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 herci This is a claim for negligent misrepresentation Page Case No Amended Complaint 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 Spinosa made material faJse 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 stat ments and representations Spinosa either knew or reasonably should have known that they were false Spinosa owed D3 a duty of care because he knew or had reason to know that was placing trust and confidence in him and relying on him Lo inform it Spinosa breached his duty to D3 by making false representations with the inlention that D3 rely on them justifiably relied upon Spinosas representations to its dettiment As a direct and proximate result of Spinosas false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC reguesLs judgment against FRANK A SPINOSA for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Jennifer Kerstetter Plaintiff incomorates the allegations contained in paragraphs I through as if restated herein This is a claim for negligent 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 Kerstetter 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 Kerstetter owed a duty of care because she knew or had reason to know that D3 was placing trust and confidence in her and relying on her to inform it Kerstetter breached her duty to by making false representations with the intention that Razorback rely on them justifiably relied upon Kerstetter representations to their detriment As a direct and proximate result of Kerstetters false statements D3 has sustained damages WHEREFORE CAPITAL CLUB LLC reguests judgment against JENNIFER Case No Amended Complaint As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank In unherance of the Ponzi scheme Caret sky made material faJse statements and representations incJuding but not limited to su1mlying investors with false bank account statement When making the false statements and representations Kerstetter either knew or reasonably should have known that they were false Caretsky owed D3 a duty of care because she knew or had reason to know that was placing trust and confidence in her and relying on her to infom1 it Caretsky breached her duty to D3 by making false representations with the intention that D3 rely on them D3 justifiably relied upon Caretskys representations to their detriment As a direct and proximate result of CareL,;;kys false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against ROSEANNE Case No Amended Complaint At all times material hereto Spinosa was acting in the scope of his employment as Regional Vice President of T.D Bank At alJ times material hereto Kerstelter was acting in the scope of her employment as an assistant manager of TD Bank At aJI times material hereto Caretsky was acting in the scope of her employment as an aissistant vice president and branch manager of TD Bank 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 TD Bank through Spinosa Kerstetter and Caretsky made material false statements and representations including but not limited to showing investors faJse statements of the amounts in RRA trust accounts and providing misleading and untrue written assurances concerning the settlement accounLi When making the false statements and representations TD Bank through Spinosa Kerstetter and Caretc;ky either knew or reasonably should have known that they were TD Bank owed a duty of care because it knew or had reason to know that D3 was placing trust and confidence in her and relying on it Lo inform them TD Bank breached its duty to D3 by making false representations through Spinosa Kerstetter and Caretsky with the intention that D3 rely on them D3 justifiably relied upon TD Banks through Spinosas Kerstetters and Caretsky representations to its detriment Page Case No Amended Complaint As a direct and proximate result of TD Banks representations made through Spinosa Kerstetter and Caretsky has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against TD BANK N.A for compensatory damages together with court costs and such further relief as the Court deems proper COllNI ING-AN J:JNG-HRl tl-Ol COUNT NEGLIGENT MISREPRESENTATION against lFonli ine oGeorge Levin Plaintiff incomorates the allegations contained in paragraphs I 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 fim1 RRA and through TD Bank In furtherance 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 predetermined schedule When making the false statements and representations Levin either knew or reasonably should have known that they were false Levin owed D3 a duty of care because he knew or had reason to know that D3 was placins trust and confidence in him and relying on him to inform them Levin breached his duty to D3 by making faJse representations with the intention that D3 rely on them Page Case No Amended Complaint D3 justifiably relied upon Levins representations to its detriment As a direct and proximate result of Levin false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against GEORGE LEVIN for compensatory damages together wiLh court costs and sm.:h further relief as the Court deems proper COUNT 149-NEGLIGENT MISREPRESENTATION against Frank Preve Plaintiff incorporates the allegations contained in paragraphs I 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 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 predetennined schedule When making the false statements and representations Preve either knew or reasonably should have known that they were false Preve owed D3 a duty of care because he knew or had reason to know that D3 was placing trust and confidence in him and relying on him to inform them Preve breached his duty to D3 by making false representations with the intention that D3 rely on them Page Case No Amended Complaint justifiably relied upon Preves representations to its detriment As a direct and proximate result of Preves false statements has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against FRANK PREVE for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Banyon Income Fund LP and Banyon USVI LLC Plaintiff incorporates the allegations contained in parngraphs 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 BIF At all times material hereto Preve was acling 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 firm RRA and through TD Bank ln furtherance of the Ponzi scheme Banyon USVl and BlF through Levin and Preve made material false statement and representations including but not limited to representing that the settlement a!rreements purcha5ed 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 USVJ and BIF through Levin and Preve either knew or reasonably should have known that they were false Page Ca.;e No A1 242ric:led Complaint Banyon USVI and BIFowed D3 a duty of care because it knew or had reason to know that was placing tiust and confidence in it and relying on it to infonn them Banyon USVI and BIF breached its duty to by making false representations through Levin and Preve with the intention that D3 rely on them D3 justifiably relied upon Banyon USVls and BIFs through Levins and Preves representations to its detriment As a direct and proximate result-of Banyon USVls and BIFs representations made through Levin and Preve D3 has sustained damages WHEREFORE D3 CA PIT AL CLUB LLC requests judgment against BANYON INCOME FUND LP and BANYON USVI LLC for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Michael Szfranski Plaintiff incorporates the allegations contained in paragraphs I 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 finn RRA and through TD Bank In funherance of the Ponzi scheme Szfranski made material false statements and repre.sentations including but not limited to verifying false bank statements and deal documents When making the false statements and representations Szfranski either k11ew or reasonably should have known that they were false Page 1c.l:r Case No Amended Complaint Szfranski owed D3 a duty of care because he knew or had reason co know that as an independent verifier D3 was placing trust and confidence in him and relying on him to inform them Szfranski breached his duty to D3 by making false representations with the intention that D3 rely on them D3 justifiably relied upon Szfransk.is representations toils detriment As a direct and proximate result of Szfranski false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against MICHAEL SZFRANSKI for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Onyx Capital 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 uJly above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank In funherance of the Ponzi scheme Onyx through Szfranski made material false statements and representations including but not limited to verifying false bank statements and deaJ documents Page Case No l9 Amended Complaint When making the false statements and representations Onyx through Szfranski either knew or reasonably should have known that they were false Onyx owed a duty of care because it knew or had reason to know thaL as an independent verifier D3 was placing trust and confidence in it and relying on Onyx to inform Onyx breached its duty to D3 by making false representations through Szfransk.i with the intention that D3 rely on them D3 justifiably relied upon Onyxs through Szfranskis representations to its detriment As a direct and proximate result of Onyx representations made through Szfranski D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against ONYX CAPITAL MANAGEMENT for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against Berenfeld Spritzer Sbechter Sheer LLP Plaintiff incorporates the allegations contained in paragraphs I through as if restated herein This is a claim for negligent misrepresentation As described more fully above Rothstein wm operating a Ponzi scheme through his tim1 RRA and through TD Bank In furtherance of the Ponzi scheme Berenfeld made materiaJ false statements and representations including but not limited to providing false auditing documents relating to Banyon and RRA Page Ca,;c No Amended Complaint When making the false statements and representations Berenfeld either knew or reasonably should have known that they were false Berenfeld owed D3 a duty of care because it knew or had reason to know that as an independent auditor DJ was placing tmst and confidence in it and relying on it to inform them Berenfeld breached its duty to D3 by making false representations with the intention that D3 rely on them D3 justifiably relied upon Berenfelds representations to its detriment As a direct and proximate result of BerenfeJds false statements D3 has sustained damages WHEREFORE D3 CAPITAL CLUB LLC requests judgment against BERENFELD SPRITZER SHECHTER SHEER LLP for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Case No Amended Complaint Spinosa was aware that Rothstein was financially exploiting the investors to their detriment and was aware that Rothstein was breaching his fiduciruy obligations to D3 Spinosa actively assisted and provided substantial ao;sistance to Rothstein in his financial exploitation of and his breaches of fiduciary duty Spinosa actions have directly caused injury and damage to D3 WHEREFORE D3 CAPITAL CLUB LLC requests judgment against FRANK A SPINOSA for compensatory damages together with court costs and such further relief as the Court deems proper COUNT LXVIHSS AIDING AND Case No Amended Complaint WHEREFORE D3 CAPITAL CLUB LLC reguests judgment against JENNIFER Case No Amended Complaint COUNT AIDING AND Case No I Amended Complaint WHEREFORE D3 CAPITAL CLUB LLC requests judgment against TD BANK N.A for compensatory damages together with court costs and such further relief as rhe Court deems proper COUNT AIDING AND I i __ Case No Amended Complaint I COUNT AIDIN6iAND Case No Amended Complaint Levin was aware that as trustee of the attorney trust accounts where D3s purported settlement funds were deposited Rothstein had fiduciary duties of honesty loyalty and care to D3 Levin was also aware that as trustee of the attorney trust accounts containing the funds to which D3 had an exclusive right to collect in the near future Rothstein had tiduciru:y duties of honesty loyalty and care to D3 Levin was aware that Rothstein was financially exploiting the investors to their deuiment and was aware that Rothstein was breaching his fiduciary obligations to D3 Levin actively assisted and provided substantial assistance to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty Levins actions have directly caused injury and damage to D3 WHEREFORE D3 CAPlT AL CLUB LLC reguests judgment against GEORGE LEVIN for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Case No l9 Amended Complaint Preve was aware that Rothstein was financiully cxploitin the investors to their detriment and was aware that Rothstein was breaching his fiduciary obligations to D3 Preve actively assisted and provided substantial assistance to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty Preve actions have directly caused injury and damage to D3 WHEREFORE D3 CAPITAL CLUB LLC requests judgment against FRANK PREVE for compensatory damages together with coun costs and such further relief as the Coun deems proper COUNT AIDING AND Case No Amended Complaint Banyon USVI and BrF were aware 1hat Rothstein was financially exploiting the investors to their detriment and were aware that Rothstein wai breaching his fiduciruy obligations to D3 Banyon USVl and BIF through its employees acting within the scope of their employment actively assisLed and provided substantial assistance to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty Banyon USVJ"s and BIF"s actions have directly caused injury and damage to D3 WHEREFORE D3 CAPITAL CLUB LLC reguests judgment against BANYON INCOME FUND LP and BANYON USVI LLC for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Case No Amended Complaint I I Szfranski actively assisted and provided substantial assistance to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty Szfranskis actions have directly caused injury and damage to WHEREFORE D3 CAPITAL CLUB LLC requests re.quests judgment against MICHAEL SZFRANSKJ for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Case No Amended Complaint Onyxs actions have directly caused injury and damage to D3 WHEREFORE DJ CAPITAL CLUB LLC requests requests judgment against ONYX CAPITAL MANAGEMENT for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Case No Amended Complaint COUNT BREACH OF FIDUCIARY DUTY against Scott Rothstein Plaintiff incorporates the allegations contained in paragraphs I through AA as if restated herein This is a claim for breach of fiduciary duty As trustee of the attorney trust account where D3s pmported settlement funds were deposited Rothstein had fiduciary duties of honesty loyalty and care to D3 Additionally as trustee of the attorney trust account containing the funds to which D3 had an exclusive right to collect in the near future Rothstein had fiduciary duties of honesty loyalty and care to D3 Rothstein breached his fiduciary duties by raiding the RRA trust accounts for his personal use Rothsteins actions have directly caused injury and damages to D3 WHEREFORE D3 CAPITAL CLUB LLC requests judgment against SCOTT ROTHSTEIN for compensatory damages together with com1 costs and such further relief as the Court deems proper COUNT bXXU167 BREACH OF FIDUCIARY DUTY against TD Bank N.A Plaintiff inco1:porntes the allegations contained in paragraphs I through I as if restated herein I This is a claim for breach of fiduciary duty At all times material hereto Spinosa was acting in the scope of his employment as Regional Vice President of TD Bank Page Ca 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 all times material hereto Caretsky was acting in the scope of her employment as an assistant vice president and branch manag of TD Bank In Florida a bank assumes a fiduciary duty with its customer under special circumstances where the bank knows or has reason to know that the customer is placing trust and confidence in the bank and is relying on the bank to so counsel and infom1 him Under the circumstances outlined above whereby TD Bank knew that D3 was relying on Spinosas assurances to D3 of the precautions in place to prevent improper withdrawals from its account TD Bank was a fiduciary of D3 and owed D3 the fiduciary duties of honesty loyalty and care Additionally where TD Bank knew that D3 was relying on Kerstetter"s representations to D3 that the settlement tmst accounts had been funded TD Bank was a fiduciary of D3 and owed D3 the fiduciary duties of honesty loyalty and care In addition TD knew that D3 was relying on Caret5kys representations that the RRA trust accounts contained substantial funds TD Bank was a fiduciary of D3 and owed D3 the fiduciary duties of honesty loyalty and care TD Bank breached its fiduciary duties through the actions of its employees by either ignoring or actively assisting and providing substantial assistance to Rothstein in its financial exploitation of D3 TD Bank"s actions have directly caused injury and damage lo D3 WHEREFORE D3 CAPITAL CLUB LLC requests judgment against TD BANK N.A for compensatory damages together with court costs and such further relief as the Court deems proper Page Ca1;e No Amended Complaint Ol NT LXX.IU A,U ING Case No Amended Complaint Preve actions have dim.:tly caused injury and damage to D3 WHEREFORE CAPITAL CLUB LLC requests judgment against FRANK PR EVE for compensatory damages together with com1 costs and such further relief as the Coun deems proper COUNT BREACH OF FIDUCIARY DUTY against Banyon Income Fund LP and Banyon USVI LLC Plaintiff incrnvorates the allegations contained in paragraphs I through as if restated herein This is a claim for breach of fiduciary duty I At all times material hereto Levin was acting in the scope of his employment as the chief executive officer of Banyon USY and BIF At all times material hereto Preve was acting in the scope of his employment as the chief operating officer or agent of Banyon USY and BIF Banyon USVI and BIF were fiduciaries of D3 and owed it the fiduciary duties of honesty loyalty and care Banyon USYl and BIF breached their fiduciary duties through the actions of its employees by either ignoring or actively assisting and providing substantial assistance to Rothstein jn its financial exploitation of Banyon usvrs and BIFs actions have directly caused injury and damage to D3 WHEREFORE D3 CAPITAL CLUB LLC reguests judgment against BANYON INCOME FUND LP and BANYON USVl LLC for compensatory damages together with court costs and such further reJief as the Court deems proper Page of I I Case No Ari1 nded Complaint COUNT171 225-BREACH OF FIDUCIARY DUTY againsf MichaelSifrariski Plaintiff incorporates the allegations contained in paragraphs I through as if restated-herein This is a claim for breach of fiduciary duty Szfranski as an independent verifier was a fiduciary of D3 and owed it the fiduciary duties of honesty loyalty and care Szfranski breached his fiduciary-duties by either ignoring or actively assisting and providing substantial assistance to Rothstein in his financial exploitation of D3 Szfranskis actions have directly caused i11jury and damage to D3 WHEREFORE D3 CAPITAL CLUB LLC requests judgment against MICHAEL SZFRANSKI for compensatory damages together with court costs and such further reJief as the Court deems proper COUNT BREACH OF FIDUClARY 267DUTY againsf011yx Capital Management PJaintiff incorporates the allegations contained in paragraphs I through as if restated herein This is a claim for bre ch of fiduciary duty Ai al times material hereto Szfranski was acting in the scope of his employment as president of Onyx Onyx as an independent verifier was a fiduciary of D3 and owed it the fiduciary duties of honesty loyalty and care Page II_ Case No Amended Complaint Onyx breached its fiduciary duties through the actions of its employees by either ignoring or actively assisting and providing substantial assistance to Rothstein in its financial exploitation of D3 Onyxs actions have directly caused injury arid damage to D3 WHEREFORE D3 CAPITAL CLUB LLC requests judgment agaii1st ONYX CA PIT AL MANAGEMENT for compensatory damages together with court costs and ch fmther relief as the Coun deems proper COUNT t7J".;BREACH OF FIDUCIARY DUTY against.Berenfel Spritzer Shechter:Sheer LLP Plaintiff.incorporates the allegations contained in paragraphs through as if restated herein This is a claim for breach of fiduciary duty Berenfeld as an independent auditor was a fiduciary of and owed them the fiduciary duties of honesty loyalty and care Berenfeld breached its fiduciary duties by either ignoring or actively assisting and providing substantial assistance to Rothstein in his financial exploitation of D3 Berenfelds actions have directly caused iniury and damage to D3 WHEREFORE D3 CAPITAL CLUB LLC reguests jud!!Tllent against BERENFELD SPRITZER SHECHTER SHEER LLP compensatory damages together with court costs and such further relief as the Court deems proper Page
