7J J4 fci5 I Electronically Filed AM A A 4A E0 A4 DE a qr?q rq qrCX HhL Kg lg d?a d6U a M3 flW y??S m/y t0 I F/Z V/j 1a qC KS u?v vZ O5 a qr rCX qC 0V I I dc rM?M rM 10Cy n??m?n k?o?h I A I w?!ac qr MCX 10Cy ITy qr M3 Ґ??1rA5R h?H?T3P K?z X?K I v"x i X5 EO5 5a r?q CX 9r Cy rq rqC M3 ş?:c p/p0 5H V)V 6T Y2 G5 qrM?r?qr?r9 q?10Cy rCX qr l1 X?l 3K fm?Q Z2f CX CX gT L??T 2E Cy 3P EM3 J4T L?h??M q?ᡚ?Y r??O?rJt CTX i P!e i I CTX rC YY I 1e 2j CTX X0T1i k3v Jh/e0h1 H(K W/Q0 CTX j?!k 5B r2 CTX A A A 4v z"p A A A0A?A AK CTX A A?!k CX qCX YCX i!d A fi8 l8 yuZ 6L pH m?c sP;0 6ZR Ni P0 0Q X(P0s s(s p0 Pp CTX qq dR B/J Va A y!k N?M??N rC f?Nla3 Yz d6h N?M d6 I I i i CTX GH FT I CTX U3 U3 U3 U3 S6 E"L I I I5K7C:I 9O U3 Cn qrr qr q??r?q 9qr CTX G5 qr CX rC l0 WS zN pf1 ODV8L?m jC1DxV CTX CTX A qr 10Cy rYY Ң??P?V CTX C"C rqM?rq?q?qr qr CTX YY Jb?C.y CTX CTX GG4 A A G5 C.C M??r 10Cy rq YY C?J?yO c/XE?lgF GM??H p?ݡG Dp9Oh CTX CTX CJ4 I J6 CJ4 CK qrrM?q qq 9/CX?o CX qYqr rC dd?Z c6S ttcx A CTX CTX 10Cy rq rqYY X?qiX:4 3J Db ZH uD-8 1g?BH I vS 7Oo7u E?K?O J6 UJP U0 UT??ʴ UT UT UT O(p U(u UF1 iZ qr?r CX CX Yr zKW:E A K5M P-M UW VW L1J KJ56 N/Q SQ rC 6J ߵl ߵl 5TZ w8ĥDG oj?K _4 N)?Y Hp pRqc?W26 vz?WBrz?ZB??3X H4 CTX A CTX X4 U5 P8 5D qr qr 10Cy qr YY Mo?ANp D01jJ 9F bzEV 4O 8V CTX O!o CTX KK AA qr A C5 qr rYY 1A?CC V9 a c?F CTX A G5 qr EeD?M CTX 9?rY 10Cy rq qY ȠX1 a f??B CTX 9F I CTX 6D N?qr rrqq qC O?J RmA??b"0 M?.F q?D B?G CTX CTX F4 d6P A F4 qr rYY 4G AV8 CTX UY UL0 U0 U0 U0 UF UF UFAGA UA UA UAL UL UL UL UL UL UL U7 U7 U7 U7 U7 U7 U7 2EH GTU U/U OUoU UV G1 CTX TUV 1G 7A UA UAL X7 U7 U7 U77XL UL UL ULLYX KTX 8Y GJ A UMAT UD 7M GVW GF10 MWA LL MPM M?M 4M XY qr qr qr NEeD 10Cy qYY E2 GH l1 Pd h3V g?KIq V5kL O65S d_xKKU vV 5H p1 Z6 CTX U0 U1 CTX U0 U1 A0 1D qr qr 10Cy YY K??Kl 1B AMwv 1K F1 KV yW Gd T?H CTX CTX I CK M?qr K?SK?PQZ I IRZX 8YCX 10Cy qr CX kv zg S5kB??a iG wA CTX U2 6Y CTX U2 6Y I K,,j j,s 6Y P!p qr 10Cy qr YY G?O 9K mSd X0 9r?yal 1d bY0 XNf??qN D?J 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 Kerstetter knew of Rothsteins fraudulent scheme Case,No A.mended Complaint Kerstetter actively assisted and provided substantial assistance to Rothstein in his financial exploitation of D3 through fraud Kerstetters assistance included but was not limited to providing false documentation to D3 that the RRA trust accounts contained substantial funds when they did not Kerstetters actions have directly caused injury and damage to WHEREFORE RAZORBACK FUNDING LLC requests judgment against JENNIFER Case No Amendec1 267complaint WHEREFORE D3 CAPITAL CLUB LLC requests judgment against ROSEANNE I Case No Ai11encled Complaint WHE FORE D3 CAPITAL CLUB LLC reguests judgment against TD BANK N.A for compensatory damages together with court costs and-such fin1her relief as the Court deems proper COUNT AIDING AND ABEITING FRAUD against Debra Vilfogas Plaintiff incorporates the allegations contained in paragraphs I through Pl21 as if restated herein This is a claim for aiding and abetting fraud As described more fully above the deals in which D3 invested were bogus and Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank Villegas knew of Rothsteins fraudulent scheme Villegas activelyassisted and provided substantial assistance to Rothstein his financial exploitation of all of the investor victims of Rothsteins Ponzi scheme incJuding through fraud by furnishing false bank account statements and wire 267anSfers to investors in order to induce them to invest despite having a,tual or constructive knowledge that the investments were a Ponzi scheme Viliegass,actions have directly caused injury and damage to WHEREFORE DJ CAPITAL CLUB LLC requests judgment against DEBRA VILLEGAS for compensatory damages together with court cost and such further relief as the Co deems proper Page Case No Amended Complaint COUNT l,XXVHl179 AIDING AND I Case Amended Complaint As described more fully above thedeaJs in which invested were bogus and Rothstein was operating a.Ponzischcme through his firm RRA and through TD Bank Levin knew of Rothsteins fraudulent scheme Levin actively assisted and provided stanlial assistance to Rothstein in his financial exploitation of through fraud Levins assistance included but was not limited to representing that the settlement agreements purchased by investors were real that they h3:d been fully funded and that they uld be paid out to investors over a predetenriinedschedule Levins actions ave directly caused injmy and damage to D3 WHEREFORE CAPITAL CLUB LLC requests judgment against GEORGE LEVIN for compens dar11ages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Case No Amended Complaint Preve actions have directly caused injury and damage to D3 WHEREFORE D3 CAPITAL CLUB LLC rcguests judgment against FRANK PREVE for compensatory damages together with com1 costs and such further relief as the Court deems proper COUNT AIDING AND ABEITING FRAUD against Banyon Income Fund LP and Banyon USVI LLC Plaintiff incorporates the alJegations contained in paragraphs through as if restated herein This is a claim for aiding and abetting fraud As described more fully above the deals in which D3 invested were bogus and Rothstein was operating a Ponzi scheme through his finn RRA and through TD Bank 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 acting in the scope of his employment as the chief operating officer or agent of Banyon USVI and BJF Banyon USVI and BIF knew of Rothstein"s fraudulent scheme Banyon USVI and BIF through Levin and Preve actively assisted and provided substantial assistance to Rothstein in his financial exploitation of D3 through fraud Banyon USVls and BJFs assistance included but was 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 Banyon usvrs and BIFs actions have directly caused injury and damage to D3 Page Case No Amended Complaint 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 As described more fully above the deals in which D3 invested were bogus and Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank At all times material hereto Szfranski was acting in the scope of his employment as president of Onyx Onyx knew of Rothstein fraudulent scheme Onyx through Szfranski actively assisted and provided substantial assistance to Rothstein in his financial exploitation of D3 through fraud Onyx assistance included but was not limited to verifying false bank statements and deal documents Onyxs actions have directly caused injury and damage to D3 WHEREFORE CAPITAL CLUB LLC reguests judgment against ONYX CA PIT AL MANAGEMENT for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Ca-;e No Amended Complaint Berenfelds actions have directly caused injury and damage to D3 WHEREFORE D3 CAPITAL CLUB LLC rcguests judgment against BERENFELD SPRITZER SHECHTER SHEER LLP for compensatory damages together with court costs and such further relief as the Court deems proper COUNT CONVERSION against Scott Rothstein 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 D3 invested were bogus and Rothstein was operating a Ponzi scheme through his finn RRA and through TD Bank ln furtherance of the Ponzi scheme Rothstein exercised unauthorized dominion and control over the property of D3 when he absconded with D3 in funds Rothsteins conversion of D3s funds has permanently deprived D3 of its property Based upon Rothstein having initially fled the counuy after emptying out the trust accounts any attempts by D3 to make demand upon him for the return of its property would be futile 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 court costs and such further relief as the Court deems proper Page Case No Amended Complaint COUNT l,XXIX187 AIDING AND Case No Amended Complaint COUNT AIDING AND Cac;e No Amended Complaint COUNT AIDING AND I Case No A end oiriplaint As.described more fully abov 267e;the deals in which D3 invested were.bogus and Rothstein was operating a Ponzi scheme through his fim1 RRA 267and through TD Bank In funhei:ance of the Ponzi scheme Rothstein exercised unauthorized dominion and control over the property of D3 when he absconded with DJ in funds Rothsteins conversion of D3s funds has pennanently de rived of its propeny Based upon Rothstein having initially fled the country after emptying out the trust accounts any attempts by DJ to make demand upon him for the return of its propeny would be futile At all times material hereto Spinosa was acting in the scope of his npioyment fur TD Bank At all times material hereto Kerstetter was acting in 267the 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 manager of TD Bank TD Bank 225through its employees while acting within the scope of their employment actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving D3 of its property by allowing Rothstein to make unauthorized withdrawals of its funds and by deceiving D3 into turning its property over to Rothstein under false pretenses TD Banks actions have directly caused injury and damages to D3 Page Case No Amended Complaint WHEREFORE D3 CAPITAL CLUB LLC requests judgment against TD BANK N.A for compensatory damages together with court costs and such fui1hcr relief as the Cout1 deems proper COUNT AIDING AND Case No Amended Complaint WHEREFORE D3 CAPITAL CLUB LLC reguests judgment against DEBRA VILLEGAS for compensatory damages together with court costs and such further relief as the Court deems proper COUNT bX AIDING AND ABEITING CONVERSION against Irene Stay Plaintiff incomorates the allegations contained in para!?Taphs I through l:?I as if restated herein This is a claim for aiding and abetting conversion As described more fully above the deals in which D3 invested were bogus and Rothstein was operating a Ponzi scheme through his finn RRA and through TD Bank In furtherance of the Ponzi scheme Rothstein exercised unauthorized dominion and controJ over the property of D3 when he absconded with D3 in funds Rothstein"s conversion of D3s funds has permanently deprived of its prope11y Ba-.ed upon Rothstein having initially fled the country after emptying out the trust accounts any attempt by D3 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 D3 of its property by deceiving into turning its property over to Rothstein under false pretenses Stays actions have directly caused injury and damages to D3 Page Case No Amended Complaint WHEREFORE D3 CAPITAL CLUB LLC requests judgment against IRENE STAY for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Od?lXS 8h xM P:U?t䝵 ᛝѺ JT BY 3Gd6 xvu iv 0Vm?wn??c?c J4H CV J?VI K??en JF.EjRNJ?տR?sFx O:Q G.y f?D x??Xڒ9J v8?P h7?Q?p o?Z u?V?kR?H lY?ڶ?.E L?c OU Չj u2 C?d?0_EŘ L?L RiEF uF jg.:?c j?z Y,?B hy?ع?Y?t0 7ʑ?W Ep?A 뾗?m?Qp iJ?Ć?m hp D?q?W?Q??և y?n?i La7ނ??J 2BJ!?U0f NYF?m?4Ra?ZI JAA F?Lo9 zM Px ob?IZ SPF a Mc?iE g:SZd i е?XpG 8F H??E k?o?S b?ܛ b?V??O Ɏ1 At M?Vr B?e mU?2 q,?x X?s?W?Ӯ?j??CZ HV bN zs?Y?6J v??j O??u 9P G?V??Ë Y?S Zs pP 2J?i?"V??sLW?sM s,T odz??zP p?E?Q?lL Ypݳ sku,??s 4A AA?0 ERk??E i R??l YQ K_ JV A N?w Ec x?7?;hal3y eI 쫲Z U2?Uq JP?l?6ZX 4?Ge OL xt O?v?Dc3 D/i?A??o Yʂ4ײ a xUu??늈 ץ?P??ߴ E2we rC??W Ҍښ?f 4V TAITa5 SY H?g j(?q BqNӶ??3?ZMj?pr?X?E Ջڄ?b kC?j??M?Z xz F?F x?l e2 st I xa R?ԍiQo?y?f K_n EN A Cl q_gq?gq y??ځ?ǎ e!p aeB gF?M CK ni E;?κw?h G?y 6k?p I?u a?CP?iS_ A?R??M i?kGC T8 hL?c A v?bޥ s?Λ v?Ĉ!ܡ A Z0 bm D??z jm XBOD 嘘Z z5 Io t??A?e?iۃe NV u?x k?A nĬ Zq j_J RoW P?O T?P??Kh Ti ς?hɌc E?y vӈvP??g Y?L iKƭK hAOK 4N D_dz W4??Kn y??x Wa l?Sd??s?ʦ?n?-K uF?Vd?u P6B7 _U ot d?x M?Q Oa i A i Ga?f?b ܚm E?Į σ?gH ۦI xv V?ew dy љv 4T i rFf8 r?daЖД?yX h??CъW AĖR 1Kn??sBR H?z K/?k A Xx L?C HN?)ˁ?,q u?"W A DD b9 Fw 5D wZ hT Y?SJo?j 뎖Зɑ?N B?o pd ss?eWz?v?K5rR_ FL?a:??G?vtl?d9 xc?1E?Y msdU-?3C?7?C wY hd g?HY??!f?H c?Ddۉl a Z1 ѶԠ?:S ˍ?g M:Mo w?F?A RY I ŭX w?ʉ?Ŗ v??j?F E?t Cԥm 6PpqԬ??iY??Q t?vG r?W _gwݱ KZ V?S?mrhy A n?T MR?ˎ?ש?J GD Ȇ?j vlf9?J tG??w?e?e F?jf0?C.K?EFC?FVG ǟ??O Gù?J:A?9 G??ZІz?P ou;ճ u?jk?g n??Ġ i a Π3 xv Jw Ko _ɜZ 21oXbR?M aC?8 a??J _?yF N?t Ŝ_ ߉Yy XJ qY a sHd 鰲??9jHh ʬa 6h?ݰބ 5?ɛV FL?M 8qT?f i qg Q?B 3d jljv?Yu l??U Ax餠 V?g ڭ?t BC s??xM MLx?C6 h?k a wd?n w?z K??X ߴ??P?eIm?cmf??c1 mgvL0?Da o?t 1j?W?k qm"g V?DV摞 J?04gc?y i Q?t Xj6?A ȋy 4S VZ j?xzD eq?x Q?e?y QG??w I mT Fa wP C?u sR?l C;TB?ӡ tn g2 WI zXp??S n?Nغ?D d4?M?C kk K?n a ޝV r?wFg d?M oRj?Aqɜ Case No Amended Complaint WHEREFORE D3 CAPITAL CLUB LLC requests 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 Amended Complaint WHEREFORE CAPITAL CLUB LLC requests judgment against MICHAEL SZFRANS Kl for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND r_ Case No Amended Comp aint _lempor rily or permanently depriving D3 of its property by representing that the settlement agreements purchased by inves ors were real that they had been fullv funded that they would be paid out to investors over a predetennined schedule and by deceiving D3 into 267turning its property over to Rothstein under false pretenses Banyon USVIs and BIFs actions have directly caused injury and damages to D3 WHEREFORE D3 CAPITAL CLUB LLC requests judgment ag.ainsi BANYON INCOME FUND LP and BANYON USVI LLC for compensaton damages together with court costs and such further relief as the Court deems proper COUNT 196-.AIDING Case No Amended Complaint Szfranski actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving D3 of its property by verifying false bank statements and deal documents and by deceiving D3 into turning its property over to Rothstein under false pretenses Szfranskis actions have directly caused injury and damages WHEREFORE CAPlT AL CLUB LLC requests judgment against judgment against MICHAEL SZFRANSKI for compensatory damages together with court costs and such further relief as the Court deems proper COUNT AIDING AND Case No Amended Complaint At all times material hereto Szfranski was acting in the 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 pennanently depriving D3 of its property by verifying false bank statements and deal documenls and by deceiving D3 into turning its property over to Rothstein under false pretenses Onyx actions have directly caused injury and damages to D3 WHEREFORE D3 CAPITAL CLUB LLC reguests judgment against judgment against ONYX CAPITAL MANAGEMENT for compensatory damages together with court costs and such funher relief 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 D3 to make demand upon him for the return of its property would be futile Berenfeld actively a1sisted and provided substantial assistance to Rothstein in either temporarily or permanently depriving D3 of its property by providing false auditing documents relating to Banyon and RRA and by deceiving D3 into tuming its property over to Rothstein under false pretenses Berenfelds actions have directly caused injury and damages to D3 WHEREFORE D3 CAPITAL CLUB LLC requests judgment against BERENFELD SPRITZER SHECHTER SHEER LLP for compensatory damages together with court costs and such fmther relief as the Court deems proper COUNT NEGLIGENT SUPERVISION against TD Bank N.A Plaintiff incomorates the allegations contained in paragraphs I through AA as if restated herein This is a claim for negligent supervision As described more fully above Spinosa Kerstener and Caretsky participated with actual or constructive knowledge in Rothsteins Ponzi scheme Spinosa Kerstetlers and Caretskys participation included but was not limited to providing D3 with false information concerning the amounts deposited in RRA trust account and supplying investors with misleading and untrue written assurances concerning the settlement accounts Page Ca-;e No Amended Complaint In reliance on Spinosa Kerstetters and Caretskys representations on October D3 began sending payments to RRA account at TD Bank eventually funding a total of I D3s reliance on Spinosa Kerstetter and Caretskys representations was reasonable and justified TD Banlc owed a duty to D3 to ensure that it employees were not actively defrauding depositors by making false representations in order to trick them into making unsafe deposits into trust accounls that they knew or reasonably should have known were being raided by Rothstein TD Bank breached its duties to because it had actual or constructive notice that its assistant manager and assistant vice president and branch m.mager 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 Bank"s failure to investigate or talce corrective action against Spinosa Kerstetter or Carelsky 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 further relief as the Court deems proper Page Case No Amended Complaint COUNT LX 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 opernLing 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 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 predetem1ined schedule Rothstein intended BFMC to act on his knowingly false representations BFMC justifiably relied upon Rothsteins representations to its detriment As a direct and proximate result of Rothsteins false statements BFMC has sustained damages WHEREFORE BFMC INVESTMENT LLC reguests 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 I 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 fim1 RRA and through TD Bank In fm1herance of the Ponzi scheme Spinosa knowingly made material false statements and representations including but not limited to supplying investors with false bank account statemenls and misleading and untrue written assurances concerning the settlement accounts Spinosa intended BFMC to act on his knowingly false representations BFMC justifiably rcJied upon Spinosa representations to its detriment As a direct and proximate result of Spinosas false statements BFMC has sustained damages WHEREFORE BFMC INVESTMENT LLC reguests judgment against FRANK A SPINOSA for compensatory damages together with court costs and such further relief as the Court deems proper COUNT l,XX FRAUDULENT MISREPRESENTATION against TD Bank N.A Plaintiff incorporates the allegations contained in paragraphs I through as if restated herein This is a claim for fraudulent misrepresentation At all times material hereto Spinosa was acting in the scope of his employment as Regional Vice President of TD Bank As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through TD Bank Page Case No Amended Complaint ln furtherance of the Ponzi scheme TD Bank through Spinosa knowingly made material false statements and representations including but not limited to supplying investors with false bank account statements and supplying investors with misleading and untrue written assurances concerning the sctllcmcnt a 267counts I TD Bank through Spinosa intended BFMC to act on their knowingly false representations BFMC justifiably relied upon TD Banks through Spinosas representations to their detriment As a direct and proximate result of TD Banks made through Spinosa false statement BFMC ha 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 LXV FRAUDULENT MISREPRESENTATION against David Boden 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 In furtherance of the Ponzi scheme Boden knowingly made material false statements and representations including but not limited to making misleading and untme assurances concerning the settlement agreements and accounts Page Case No Ame11ded Complaint Boden intended BFMC to act on his knowingly false-representations BFMC justifiably relied upon Bodcns representations to its detriment As a direct and proximate result of Bo len false statements BFMC has sustained damages WHEREFORE BFMC INVESTMENT LLC reguests judgment against DAVID BODEN for compensatory damages together with court costs and su fut her relief ac the Court deems proper COUNT FRAUDULENT.MISREPRESENTATION agairisf Andrew Barnett Plaintiffincorporates the 267allegations contained in 267paragraphs I through as if restated herein This is a claim 267for fraudulent misrepresentation As described more fully above Rothstein was operating a Ponzi scheme tltrou his firm RRA and through TD Bank In furtherance of the Ponzi scheme Barnett knowingly made material_ false statements and representaiions including but not limited to supplying BFMC with false info1mati6n about the identity of the defendant who was pumortcdly fond_ing the settlement Barnett intended BFMC to acton his knowingly false presentations BFMCjustitiably.-relied upon Barneu representations to its detriment As a direct and proximate result of Barnetts false statements BFMC has sustained damages Page Cas No Amended Complaint WHEREFORE BFMC INVESTMENT LLC requests judgment against ANDREW Case No Amended Complaint WHEREFORE BFMC INVESTMENT LLC requests judgment against FRANK A SPINOSA for compensatory damages together with coun costs and such funher relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION against TD Bank N.A Plaintiff incorporates 1he allegations contained in paragraphs through as if restated herein This is a claim for negligent misrepresentation At all times material hereto Spinosa was acting in the scope of his employment as Regional Vice President of T.D Bank As described more fully above Rothstein was operating a Ponzi scheme through his firm RRA and through Bank In furtherance of the Ponzi scheme TD Bank through Spinosa 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 either knew or reasonably should have known that they were false TD Bank owed BFMC a dutv of care because it knew or had reason to know that BFMC was placing trust and confidence in her and relying on it to inform them TD Bank breached its duty to BFMC by making false representations through Spinosa with the intention that BFMC rely on them Page I Casc An1e11d complaint BFMC justifiably relied upon-TD Bank:s through Spinosas representations to its detriment As a direct and proximate result of TD Bank"s reprcsenra_tions made through Spinosa BFMt has sustained damages WHEREFORE BFMC INVESTMENT LLC reguests.iudgment against BANK N.A for compensatory damages together with court costs and such further relief as the Court deems proper COUNT NEGLIGENT MISREPRESENTATION againsf David Booenf 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 firtn RRA and through TD Bank In furtherance of the Ponzi scheme Boden knowingly made material false statements and representations including but not limited to making misleading and untrue assura ces concerning the,settlement agreements and.accounts When making the false statements and representations Boden either knew or reasonably should have known ltiat they were false Boden owed BFMCa duty of care by affirmatively and voluntarilyiaridertaking to offer BFMC information Boden breached his duty to BFMC by making false 267representatio with the intentionthat 225BFMC rely on.them I Page CaseNo 267Amended-Complaint BFMC justifiably relied upon.Bodens representations to its detriment As a direct and roximate result of Bodcns false _statement BFMC has sustained damages WHEREFORE BFMC INVESTMENT LLC requests ju gmcnt against DA VJD BODEN for compensatory damages together with court costs and such further relief as the Coui1 deems proper COUNT NEGLIGENT MISREPRESENTATION against Andrew Barnett Plaintiff incorporates the allegations cont.ained in paragraphs I through as if restated herein This is a claim for negligent misrepresentation As described more fully above Rodtstein was operating a Ponzi scheme through his firm RRA and 267thro 1gh TD Bank In furtherant bf the Ponzi scheme Barnett made material false statements and repres ntations including hut not limited to supplying BFMC with folRc infonnati lli about the identity of the defendant who was purportedly funding the settlement When making the false statements and representations Barnett either knew or reasonably should have knowrrthat they were false Barnett owed BF a,.duty of care by affirmatively and voJuntarily unde ng to offer BFMC information Barnett breached hisduty to BFMC by making false representations with the intention that BFMC rely on them BFMC justifiably relied upon Barnetts representations to its detriment Page i Casi No Amended Complaint As a direct and proximate result of Barnetts false statements BFMC has sustained damages WHEREFORE BFMC INVESTMENT LLC requests judgment against ANDREW Case No Amended Complaint COUNT AIDING AND Case No Ail1ende,fComplaiilt Plaintiff incorporates the alleg tions contained in paragraphs 267through i as ifrestatcd herdn This is a daim for aiding nild abetting breach of fiduciary duty Boden was aware that a trustee of the attorney trust account where BFMC-s purported settlement funds were deposited Rothstein had fiduciaiy duties of honesty yalty and care to BFMC Boden was also aware that as tmstee of the attorney trust account containing the funds to which BFMC had an exclusive tight to collect in the near future Rothstein had fiduciary duties of honesty loyalty and 267care to BFMC Boden was aware that Rothstein was financially exploiting the investors to their detriment and was aware thatRothstein was breaching his fiduciary obligations.to BFMC Boden activel i 225assisted and provided substantial assi.stance to Rothsteinfo fos financial exploitation ofBFMC _and his.breaches of fiduciary duty Bode.n actions have 267directly caused injury and damage to BFMC WHEREFORE BFMC INVESTMENT LLC requests 267judgment against 267,DAVID BODEN for compensatory damages lc:,gether with court costs and such fu relief the Coun deems proper COUNT,Xf AlriiNG I Case No Amended Complaint Villegas was aware lhat as tmstee of the attorney_ trust account where BFMC"s 267purported settlement 267funds were deposited Rothstein had fiduciary duties of honesty loyalty and care to BFMC Villegas was also aware that as trustee of_ the attorney tru_st account containing 267the funds to which BFMC had an exclusive right to collect in the near future Rothstein had fiduciary duties honesty loyalty and care to BFMC Villegas was aware that Rothstein was financial_ly expl iting the Investors to their detriment and was aware lhat Rothstein was breaching his fiduciary obligations to BFMC I Villegas actively assisted and provided substantial assistance to Rothstein iri his financial exploitation ofBFMC and his breaches of fiduciary duty Villegac;s actions have directly caused injury and damage to BFMC WHEREFORE BFMC lNVESTMENT LLC requests iudgment against DEBRA VIL _EGAS for compensatory damages together with court costs and such-further relief as the Court deems proper COUNT XCVll213 AIDING AND Case No Ame 267nded Complaint Stay was aware that Rothstein was financia.lly exploiting the-inves:tbrs to:their detriment and wa aware that Rothstein was breaching his fiduciary obligations to _MC Stay actively assisted and provided substantial assistance to Rothstein in his financial exploitation of BFMC and his breaches of fiduciary duty Stays actions.have directly laused injury and damage to BFMC WHEREFORE BFMC INVESTMENT LLC requests judgment against IRENE STAY for compensatory damages together with court costs and such further relief a the Court deems propeL COUNT AIDING AND i Case No An1ended,Coinplaint WHEREFORE BFMC NVESTMENT LLC reguests judgment against ANDREW Case No Amended Complaint 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 In Florida a bank assun1es i1 fiduciary duty with its customer under special drc_u_ stances 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 inform him Under the I circuh1stances outlined above whereby TD Bank knew that 267aFMC was relyin on Spinosas assurances to BFMC of the precautions in place to prevent improper withdrawals _.from its account TD Bank was a fiduciary of BFMC arid 267owed BFMC the fiduciary duties of honesty loyalty nd-care TD Bank breached its fiduciary duties through the actions of its einployees by either 267ignoring or actively 267.assisting and providing substantial assistance to Rothstein in its financialexploitation of BFMC TD Banks actions have directly caused injury and damage to.BFMC WHEREFORE 267BFMC INVESTMENT LLC,"reguests judgment against TD BANK N.A for compensatory damages together with court costs and such further relief a_s the Court deems proper COUNT AIDING.AND
