Case No.: 09-062943 (19) Amended Complaint 757. In furtherance of the Ponzi scheme. Berenteld made material false statements and representations including, but not limited to, providing false auditing documents relating to Banyon and RRA. 001. When making the false statements and representations. Berenfeld either knew or reasonably should have known that they were false. 001. Berenfeld owed Razorback a d 2 of care because it knew or had reason to know that, as an independent auditor. Razorback were placing trust and confidence in it and relying on it to inform them. 001. Berenfeld breached its duty to Razorback by making false representations with the intention that Razorback rely on them. 001. Razorback justifiably relied u d's representations to its detriment. 001. As a direct and proxima f re-rifeld's false statements, Razorback has sustained damages, WHEREFORE, RA RB FUNDING, LLC, requests judgment against BERENFELD SPRITZER SHE:O17ER SHEER LLP, for compensatory damages, together with court costs and such further relief as the Court deems proper. #### CO, N 87 AIDING AND ABETTIN BREACH OF MD CIARY DUTY a iiinst 14/ i) Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein 764. This is a claim for aiding and abetting breach of fiduciary duct 001. Spinosa was aware that as trustee of the attorney trust account where Razorback's purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. pinosa was also aware that as trustee of the attorney trust account containing the funds to which Razorback had an exclusive right to collect in the near future Rothstein had fiduciary duties of honesty, loyalty. and care to Razorback. 001. Spinosa was awar that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breachino his fiduciary obligations to Razorback. 001. Spinosa actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. 5oinosa's actions have directly caused injury and damage to Razorback. WHEREFORE, RAZORBACK FUNDING, LLC, requests judgment against a SPINOSA for compensatory damages, together with court costs and such further relief as the Court deems proper. #### COUNT X-X-XV88 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against Jennifer Kerstetter) 769. Plaintiff incorporates the alleeations contained in paragraphs I through -I-07121 as if restated herein. 001. This is a claim for aiding and abetting breach of fiduciary duty. 001. Nerstetter was aware that as trustee of the attorney trust account where Razorback C purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. Kerstetter was also aware that as trustee of the attorney trust account containing the funds to which Razorback had an exclusive right to collect in the near future, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. 001. Kerstetter was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to Razorback. 001. Kerstetter actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. Kerstetter's actions have directly caused•injury and damage to Razorback. WHEREFORE, RAZORBACK FUNDI G LLC, requests judgment against JENNIFER KERSTETTER for compensatory damages, together with coup costs and such further relief as the Court deems proper. 49 #### COUNT XXX4489 - AIDING AND (against R 't aretsky) DUTY BREACH ,OF FIDUCIARY 775. Plaintiff incorporates the a •ns contained in paragraphs I through 40+121 as if restated herein. 001. This is a clainiCaidi 4nd abetting breach of fiduciary duty. 001. Caretsk was aware that as trustee of the attorney trust account where Razorback's purported settlement funds were deposited. Rothstein had• fiduciary duties of honesty, loyalty, and care to Razorback. Caretsky was also aware that as trustee of the attorney trust acciScontaining the funds to which Razorback had an exclusive right tQ collect in the near fut e, Rothstein had fiduciary duties of honesty loyalty, and care to Razorback. 001. Caretsky was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to Razorback. #### Amended Complaint 779. Caretskv actively assisted, and provided substantial assistance. to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. Caretsky's actions have directly caused injury. and damage to Razorback WHEREFORE. RAZORBACK FUNDING. LLC. requests judgment against ROSEANNE CARETSKY for compensatory damass. together with court costs and such further relief as the Court deems proper. K ti CO #### COUNT X.X.X44190 - AIDINGAND ABETTING BREACH OF FIDUCIARY DUTY jggainst TD Bank, N.A.) 781. Plaintiff incorporates the allegations contained in paragraphs I through 447121 as if restated herein 001. This is a claim for aiding and abettino breach of fiduciary duty. 001. At all times material hereto. Spinosa was acting in the scope of his employment as Regional Vicc President of T.D. Bank. ? 14/' O \\ 784. At all times material hereto. Kerstetter was acting in t scok. of her employment as an assistant manager of TD Bank. 785. At all times material hereto, Caretsky waste 1/4 gi i the scope of her employment as an assistant vice president and branch manager of TD Bank. 001. TD Bank was .aware that as trustee of the attorney trust account where Razorback's purported settlement funds were deposited. Rothstein had fiduciary duties of honesty. loyalty, and care to Razorback. TD Bank was also aware that as trustee of the attorney trust account containing the funds to which Razorback had an exclusive right to collect in the sear future. Rothstein had fiduciary duties of honesty. loyalty. and care to Razorback. 001. ank was aware that Rothstein was financially exploiting the investors to e ;heir detri nd was aware that Rothstein was breaching his fiduciary obligations to Raz 001. TD Bank. through its employees acting within the scope of their employment actively assisted, and provided substantial asistance. to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. TD Bank's actions have directly caused injury and damage to Razorback. WHEREFORE. RAZORBACK FUNDING. LLC. requests judgment against TD BANK, N.A., for compensatory damps. together with court costs and such further relief as the Court deems proper. #### COUNT N.X.NALIII 1- AIDIN t ABETTING BREA H a F FIDU tAR - nst 790. plaintiff incorporates the allegations contained in paragraphs I through 407121 as if restated herein. 001. This is a claim for aiding and abetting breach of fiduciary duty. 001. was aware that as trustee of the attorney trust account where Razorback's purposed settlement funds were deposited. Rothstein had fiduciary duties of honesty, loyalty, and Care to Razorback. was also aware that as trustee of the attorney trust account containing the funds to which Razorback Nil an exclusive right to collect in the near future, Rothstein had fiduciary duties of honestytkvalty. and care to Razorback. 001. was awaretbal Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to Razorback 001. actively assisted. and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. actions have directly caused injury and damage to Razorback. WHEREFORE. RAZORBACK FUNDING. LLC, requests judgment against DEBRA for compensatory damages, together with court costs and such further relief as the Court deems proper. **COUNT XXXIX-92 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY**\ **(against Frank Preve Irene Stay)** 796. Plaintiff incorporates the allegations contained in paragraphs 1 through 407121 as if restated herein. 001. This is a claim for aiding and abetting breach of fiduciary duty. 001. Stay was aware that as trustee of the attorney trust account where Razorback's purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. Stay was also aware that as trustee of the attorney trust account containing the funds to which Razorback had an exclusive right to collect in the near future, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. 001. Stay was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to Razorback. 001. Stay actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. Stay's actions have directly caused injury and damage to Razorback. WHEREFORE, RAZORBACK FUNDING, LLC, requests judgment against IRENE STAY for compensatory damages, together with court costs and such further relief as the Court deems proper. **COUNT 93 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY**\ **(against [REDACTED] G. Levin)** 802. Plaintiff incorporates the allegations contained in paragraphs 1 through 121 as if restated herein. 001. This is a claim for aiding and abetting breach of fiduciary duty. 001. Levin was aware that as trustee of the attorney trust accounts where Razorback's purported settlement funds were deposited. Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. Levin was also aware that as trustee_of the attorney trust accounts containing the funds to which Razorback had an exclusive right to collect in the near future Rothstein had fiduciary duties of honesty. loyalty, and care to Razorback. 001. Lcvin was aware that Rothstein was financially uploiting the investors to their deuiment, and was aware that 'Rothstein was breachinghis fiduciary obligations to Razorback. 001. Levin actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. Levin's actions have directly caused injury and damage to Razorback. WHEREFORE. RAZORBACK FUND g .)reouests judgment against G. LEVIN for compensatory damages, h court costs and such further relief as the Court deems proper. #### COUNT 94 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY jagainst Frank Preve) 808. 9 tinf restated tes tie alleoations contained in hs I throuoh 121 s if This is a claim for aiding and abetting breach of fiduciary duty. 810. Preve was aware that as trustee of the attorney trust account where Razorback's purported statement funds were deposited. Rothstein had fiduciary duties of honesty. loyalty, and care to Razorback. Preve was also aware that as trustee of the attorney trust account containing the funds to which Razorback had an exclusive right to collect in the near future, Rothstein had fiduciary duties of hones y, loyal y. and care to Razorback. 811. Preve was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to Razorback. 001. Preve actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. Preve's actions have directly caused injury and damage to Razorback. WHEREFORE, RAZORBACK FUNDING 1.LC, requests judgment against PREVE for compensatory damages, together with court costs and such further relief as the Court deems proper. #### COUNT NI-SS - AIDING AND ABETTI' * EACH OF FIDUCIARY DUTY (against Banyon Income-F ' d. nd.Biiiiii&USVI, LLC) 814. Plaintiff incorporates the allegaliOns contained in_paragraphs I through 121 as if restated herein. 001. This is a claim for aiding and abetting breach of fiduciary duty. 001. At all limes material hereto. Levin was acting in the scope of his employment as the chief executive Officer of Banyon USVI and BIF. 817, -14) 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. 818. USVI and B11 were aware that as trustee of the attorney trust accounts where Razorback's purported settlement funds were deposited. Rothstein had fiduciary duties of honesty, loyalty. and care to Razorback. Banyon USVI and BIF were also aware that as trustee of the attorney trust accounts containing the funds to which Razorback had an exclusive right to collect in the near future, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. 819. Baum USVI and RIF were aware that Rothstein was financially exploiting the investors to their detriment and were aware that Rothstein was breachin_g his fiduciary obligations to Razorback. 001. Banyon USVI and BIF, through its employees acting within the scope of their employment, actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. Banvon USVTs and BIF's actions have directly caused injury and damage to Razorback. (4t WHEREFORE. RAZORBACK FUND risk. C. request_s judgment against BANYON INCOME FUND, LP, and BANYON 4\_ All j.Z. for compensatory damages, together with court costs and such further relief k the urt deems proper. #### COUNT 96 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against Michael Szfranski) 822. plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. X823. This is a claim for aiding and abetting breach of fiduciary duty. 824. Szfranski was aware that as trustee of the attorney trust accounts where the Razorback's purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. Szfranski was also aware that as trustee of the attorney VUSI accounts containing_the funds to which Razorback had an exclusive right to collect in the near future, Rothstein had fiduciary duties of honesty loyalty, and care to Razorback. 825. Szfranski was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to Razorback. 001. Szfranski actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. Szfranskrs actions have directly caused injury and damage to Razorback. 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 97 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against Onyx Capital Management) 828. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 001. This is a claim for aiding and abetting breach of fiduciary duty. 830. At all times material hereto, Szfranski was acting in the scope of his employment as president of Onyx. 001. Onyx was aware that as trustee of the attorney trust accounts where Razorback's purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback, Onyx was also aware that as trustee of the attorney trust accounts containing the funds to which Razorback had an exclusive right to collect in the near future, 4 I Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. 001. Onyx was aware that Rothstein .was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to Razorback. 001. Onyx, through its employees acting within the scope of their employment actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of 4% ) Razorback and his breaches of fiduciary duty. 001. Onyx's actions have directly caused tllyty and damage to Razorback. • WHEREFORE. RAZORBACK G. LLC requests judgment against ONYX CAPITAL MANAGEMENT for otn damages, together with court costs and such further relief as the Court dee ## COUN'4- AIDIING AND ABETTING BREACH OF FIDUCIARY DUTY otainsttereafeld Stiritzer Shechter Sheeic LLPZ Plt(intiff.incorporatcs the allegations contained in paragraphs I through 121 as if restated herein. 836. This is a claim for aiding and abetting breach of fiduciary duty. 001. Berenfeld was aware that as trustee of the attorney trust accounts where Razorback's purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty and care to Razorback. Berenfeld was also aware that as trustee of the attorney trust accounts containing the funds to which Razorback had an exclusive right to coiled in the near future, Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. 838. Berenfeld was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations tq Razorback. 001. Berenfeld actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback and his breaches of fiduciary duty. 001. Berenfeld's actions have directly caused itljuryantdJamage to Razorback. WHEREFORE. RAZORBACK FUNDI BERENFELD SPRITZER SHECHTER SHEE court costs and such further relief as th S requests judgment against rcompensatory damages, together with proper, #### COUNT 99 —BREACH OF FIDUCIARY DUTY (against Scott Rothstein) 841. Plaintiff incorpQtles the contained in paraeraphs I through 107121 as if restated herein. 001. TiCis a el im for breach of fiduciary duty. 84 f trustee of the attorney trust account where Razorback's purported settlement funds were \\ leposited. Rothstein had fiduciary duties of honesty, loyalty, and care to Razorback. Additionally, as trustee of the attorney trust account containin" the funds to which Razorback had an exclusive right to collect in the near future, Rothstein had fiduciary duties of honesty loyalty, and care to Razorback. 844. Rothstein breached his fiduciary duties by raiding the RRA trust accounts for personal use. 001. Rothstein's actions have directly caused injury and damages to Razorback. WHEREFORE, RAZORBACK FUNDING. LLC. requests judgment against SS OTT ROTHSTEIN for gompensatOtyclighageS, together with court costs and such further relief as the Court deems proper. #### COUNT XI-4100 - BREACH OF FIDUCIARY DUTY (against TD Bank, N.A. 846. Plaintiff incorporates the allegations containe if restated herein. graphs I through Ill; 121 as 001. This is a claim for breach of fiduek it(tv. jk 848. At all times material hereto ' was acting in the scope of his employment as Regional Vice President of T.D. Bank. 849. At all times matTial ttereko. Kerstetter was acting in the scope of her employment as nn assistant manner of TD Bank. 001. At all ti es wterial hereto, Caretskv was acting in the scope of her employment as an assistant resi ent and branch manager of TD Bank. t Y Florida, a bank assumes a fiduciary duty with its customer under siecial dare rily s where the hank knows or has reason to know that the customer is placing trust and confidence in the hank and is relying on the bank to so counsel and inform him. Under the circumstances outlined above, whereby TD Bank knew that Razorback was relying on Spinosa's assurances to Razorback of the precautions in place tojrevent improper withdrawals from its account. TD Bank was a fiduciary of Razorback and owed Razorback the fiduciary duties of honesty, loyalty, and care Additionally where TD Bank knew that Razorback investors were relying on Spinosa's, Kerstetter's and Careisky's representations that the RRA trust accounts contained substantial funds TD Bank was a fiduciary of Razorback and owed Razorback the fiduciary duties of honesty. loyalty, and care. 852. 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 Razorback. 001. TD Bank's actions have directly caused injury and damage to Razorback. WHEREFORE, RAZORBACK FUNDING. LLC. requests judgment against TD BANK, N.A., for compensatory damages together with c urtNc d such further relief as the Court deems proper. #### COUNT N-L-11101 - BREACH OF FIDUCIARY DUTY (against liznutli-Pee4e G. Levinj 854. Plaintiff incorporates the allegations contained in paragraphs I through 444121 as if restated herein. 001. This is a claim for breach of fiduciary duty. 001. \*By holding himself out as a co-investor, Levin became a fiduciary of Razorback s ack the fiduciary duties of honesty, loyalty. and care. Levin breached his fiduciary duties by either ignoring or actively assisting and providing substantial assistance to Rothstein in his financial exploitation of Razorback. 858. Levin's actions have directly caused injury and damage Razorback. WHEREFORE RAZORBACK .tid men ains G. LEVIN for compensatory damages, together with court costs and such further relief as the Court deems proper, # COUNT REACH (against Preve) 4 859. Plaintiff incorporates the allegations contained in paragranhs 1-•t14/ rough sr 121 as if restated herein. CO 860. This is a claim for breach of fiduciary duty, 001. By holding himself out as a co-investor. Prevenie a fiduciary of Razorback and owed Razorback the fiduciary duties of honesty, loyalty, "and care. 001. Peeve breached his fiduciary duties by either ignoring or actively assisting_and providing substantial assistance to Rothstein in his financial exploitaron of Razorback. 001. Preve's actions have directly caused injury and damage to Razorback. WHEREFORE. RAZORBACK \_FUNDING. LLC. rcauests 'ttx.lanient against sage,s4ngd PREVE for coni n di id such further relict as the Court deems proper. #### COUN-T-XL111--AIDING-AND-ASE-1-7-1N4;444At-44 #### COUNT 103 - BREACH OF FIDUCIARY DUTY faaainst F-Fluili;SpinesaBinyon Income Fund. LP, and Banion USVL LLC) 864. Plaintiff incorporates the allegations contained in paragraphs I through 4447121 as if restated herein. 001. This is a claim for breach of fiduciary duty. 001. At all times material hereto, Levin was acting in the scope of his employment as the chief executive officer of Banyon USVI and Bit, 001. 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. 001. Banyon USVI and BM were fiduciaries of Razorback and owe it thspduciarx duties of honesty, loyalty, and care. 001. Banvon USVI and BIF breached their 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 Razorback. 001. Banyon USVI's and BIF's actions have directly caused injury and damage to Razorback. WHEREFORE, RAZORBACK ND1NG LLC, requests judgment against BANYON INCOME FUND, LP, and BAN)GON I, LLC.. for compensatory damages, together with court costs and such further reier as the Conn deems proper. #### COUNT 104 - BREACH OF FIDUCIARY DUTY (against Michael Szfranskl 871. \`Plaintiff incorporates the allegations contained in paragraphs I through 121 as if st This is a claim for breach of fiduciary duty. 873. Szfranski, as an independent verifier, was a fiduciary of Razorback and owed it the fiduciary duties of honesty, loyalty, and care. 001. Szfranski breached his fiduciary duties by either ignoring or actively assisting and providing substantial assistance to Rothstein in his financial exploitation of Razorback. as president of Onyx. 878. At all times material hereto. Szfranski w in n the scope of his employment 7 ' 879. Onyx, as an independent verdiNvas a fiduciary of Razorback and owed it the fiduciary duties of honesty, loyalty. aid care. 001. Onyx breached its &lariaty duties through the actions of its employees by either ignoring or actively assistintand providing substantial assistance to Rothstein in its financial exploitation of Razorback. 001. Onyx's actions have directly caused injury and damage to Razorback. WkIERF,UORE. 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 106 - BREACH OF FIDUCIARY DUTY fazainst Berenfeld Spritzer Shechter Sheer,LLP) 875. Szfranski's actions have directlyeaused injury and damage to Razorback, WHEREFORE, RAZORBACK FUNDING. LLC. requests judgment against MICHAEL SZFRANSKI for compensatory damages, together with court costs and sucMurther redid as the Court deems proper. #### COUNT LOS BREACH OF FIDUCIARY DUTY fatainst Onyx Capital Manalementl 876. Plaintiff incorporates the allegations contained in paragraphs 121 as it restated herein. 001. This is a claim for breach of fiduciary duty, I 882. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 001. This is a claim for breach of fiduciary duty. 001. Berenfeld, as an independent auditor, was a fiduciary of Razorbac and owed them the fiduciary duties ofbonegy, loyalty, and care. 001. Bercnfeld breaehed its fiduciary duties by either ignoring or actively assisting and providing substantial assistance to Rothstein in his financial exploitation of Razorback. 001. Berenfeld's actions have directly caused injury aqtdarnage to Razorback. WHEREFORE. RAZORBACK FUNDING. LLC. tests judgment against BERENFELD SPRITZER SHECHTER SHEER. Lc'''. for compensatory damages. together with court costs and such further relief as the Cou s #### COUNT 107 - AIDIN ABETTING FRAUD (against Signosa) 887. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 001. This is a claim for aiding and abetting fraud. 001. Xlescribed more fully above, the deals in which Razorback invested were bogus and R orbs in operating a Ponzi scheme through his firm, RRA, and through TD Bank Spinosa knew of Rothstein's fraudulent scheme. 891. Spinosa actively assisted and provided substantial assistance. to Rothstein in his financial exploitation of Razorback through fraud. Spinosa's assistance included. but was not limited to. supplying Razorback with false bank account statements and misleading and untrue written assurances concerning the settlement accounts. 001. Spinosa's actionS have directly caused injury and damage to Razorback. WHEREFORE. RAZORBACK LUNDING. LLC, requests judgment against SPINOSA for compensatory damages together with court costs and such further relief as the Court deems proper. ## COUNT WV I - AIDING AND ABETTING FRAUD jagainst Jennifer Kerstetter) 893. Plaintiff incorporates the allegations contained in ant ra is 444I2I as if restated herein. 001. This is a claim for aiding and abetting \_fraud. 001. As described more fully above, the deal in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA, and through TD Bank. 001. Kerstetter knew of Rothstein's fraudulent scheme. 001. Kerstetter actively asses and provided substantial assistance, to Rothstein in his financial exploitation of Razorback laugh fraud. Kerstetter's assistance included, but was not limited to, providing false documentation to Razorback that the RRA trust accounts contained substantial funds when they did not. 001. Nerstetter's actions have directly caused injury and damage to Razorback. WR 1, RAZORBACK FUNDING, LLC. requests judgment against JENNIFER 'AC• KERSTETTER for compensatory damages together with court costs and such further relief as the Court deems proper. ## COUNT X-LNI09 - AIDING AND ABETTING FRAUD (against Roseanne Caretsky 899. Plaintiff incorporates the allegations contained in paragraphs I through 4447121 as if restated herein. 001. This is a claim for aiding and abetting fraud. 001. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Portz' scheme through his firm. RRA. and through TO Bank. 001. Caretsky knew of Rothstein's fraudulent scheme. 001. Caretskv actively assisted. and provided substantial assistance, to Rothstein in his financial exploitation of Razorback through fraud. Caretsky's assistance included, but was not limited to. providing false documentation to Razorback hut 'St RRA trust accounts contained substantial funds when they did not. 001. Caretsky's actions have directly 'njury and damage to Razorback. WHEREFORE. RAZORBACK DI G, LLC, requests judgment against ROSEANNE CARETSKY forcom Sry damages, together with court costs further relief as the Court deems or° r, #### 110 - AIDING AND ABETTING FRAUD (against TD Bank, N.A.1 905. . )0S' tiff, incorporates the allegations contained in paragraphs 1 through 40-7121 as This is a claim for aiding and abetting fraud. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm. RRA. and through TD Bank 908. At all times material hereto Spinosa was acting in the scope of his employment for TD Sank. 001. At all limes material hereto. Kerstetter was acting in the scope of her employment as an assistant manager of TD Bank. 001. At all times material hereto Caretskv was acting in the scone of her employment as an assistant vice president and branch manager of TD Bank. 001. TD Bank knew of Rothstein's fraudulent scheme 001. TD Bank, through Spinosa. Kerstetter, and Caretsky. actively assisted, and provided substantial assistance, to Rothstein in his financial exnloitation of Razorback through fraud. TD Bank's assistance included but was not limited to, providing false documentation to Razorback that the RRA trust accounts contained substantial\_ onds when they did not and supplying investors with misleading and untrue written assurances concerning the settlement accounts. 001. TD Bank's actions have directly caused injury and damage to Razorback. WHEREFORE, RAZORBACK FUNDING. LIC, requests judgment against TD BANK, N.A., for compensatory damages. tostether with court costs and such further relief as the Court deems proper. ? 914. Plaintiff incorporates the allegations contained in paragraphs I through 444121 ai if restated herein. #### cOUNT AIDIN AND ABETFIN FRAUD (a' i t t bra 915. This is a claim for aiding and abetting fraud. 001. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his time RRA and through TD Bank. 001. knew of Rothstein's fraudulent scheme, 001. actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of all of the investor victims of Rothstein's Ponzi scheme, including Razorback, through fraud by furnishing false hank account statements and wire transfers to investors in order to induce them to invest despite having actual or constructive knowledge that the investments were a Ponzi scheme. 001. actions have directly caused iniury and damage to Razorback. WHEREFORE. RAZORBACK FUNDING. 1.441 .1c uests judgment against DEBRA VILLEGAS for compensatory damages together with court costs and such further relief as the Court deems proper. #### COUNT X-6V444112 iliNG AND ABETTING FRAUD (against PrereIrene Slav) 920. Plaintiff incorporates the allegations contained in paragraphs 1 through 4O7121 as if restated herein. 92I, is a?aim sl for aiding and abetting, fraud. 92 O described more fully above. the deals in which Razorback invested were bogus and Rothstein (.. was operating a Ponzi scheme through his firm, RRA, and through TD Bank. 923. Stay knew of Rothstein's fraudulent scheme. 001. Stay actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of all of the investor victims of Rothstein's Ponzi scheme. including Razorback. through fraud by furnishing false hank account statements and wire transfers to investors in tinder to induce them to invest despite having actual or constructive knowledge that the investments were a Ponzi scheme. 925. Stay's actions have directly caused injury and damage to Razorback. WHEREFORE: RAZORBACK FUNDING, LLC requsits judgment. against IRENE STAY for compensatory damages, together with court costs and such further relief as the Court deems proper. #### COUNT 113 - AIDING AND ABETTING FRAUD (against George G. Levin) 926. Plaintiff incorporates the allegations contain graphs I through 121 as if restated herein, 001. This is a claim for aiding and abetting A.8) fraud 001. As described more fully above. the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scherpe through his firm RRA, and through TD Bank. 001. Levin knew of Rothstein's fraudulent scheme. 001. Levin activelh and provided substantial assistance. to Rothstein in his financial exploitation of Razorback through fraud. Levin's assistance included, but was not limited to, representing that the settlement agreements purchased by investors were real, that they had bien ly funded. and that they would be paid out to investors over agredetermined lev. scheduti 931. Levin's actions have directly caused injury and damage to Razorback WHEREFORE. RAZORBACK FUNDING, LLC, (west.% judgment against G. LEVIN for compensatory damages, together with court costs and such further relief as the Court deems proper. Amended Complaint ### COUNT 114 • AIDING AND ABETTING FRAUD (against Prevel 932. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 001. This is a claim for aiding and abetting fraud. 001. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA, and Ilproa N Bank. 001. Prcve knew of Rothstein's fraudulent scheme. 001. Preve actively assisted, and provided substa rical assistance, to Rothstein in his financial exploitation of Razorback through fraud. Pre e\* assistance included, but was not .A' limited to, confirming wire transfers into Rothstein's trust accounts that he knew were fabricated. 001. Preve's actions have directly caused injury and damage to Razorback. WHEREFORE, RAZORBACK Fr/DING, LLC, requests judgment against M PREVE for compensatory damages, together with court costs and such further relief as the Court deems proper. #### COUNT MANI IS - AIDING AND ABETTING FRAUD (against Banyon Income Fund, LP, and Bannon USVI, LLC} Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 939. This is a claim for aiding and abetting fraud. 001. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA, and through TD Bank. 001. At all times material herjo Levin was acting in the scope of his employment as the chief executive officer of Banyon USVI and BIF. 001. 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 RIF. 001. Banyon USVI and RIF knew of Rothstein's fraudulent scheme. 001. Banyon USVI and BIF, through Levin and Preve, actively assisted. and provided substantial assistance, to Rothstein in his financial exploitation of Razorback through fraud. Banyon USVI's and IIF's assistance included but was not imitcd to,\_ representing that the settlement agreements purchased by investors were real, that they would be paid out to investors over a predetermin been fully funded, and that 001. Banyon USVI's and Razorback. BIF's action; i ti re directly caused injury and damage to WHEREFORE, RA7_ORBa6K WND1NG, LI.C, requests judgment against BANYON INCOME FUND, LP, and BAY court costs and such further relief as the Court deems proper. LLC., for compensatory damages, together with #### X i4sir aiNT 116 - AIDING AND ABETTING FRAUD (against Michael Sztranski) 946. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 001. This is a claim for aiding and abetting fraud. 001. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA, and through TD Bank. - 949. Szfranski knew of Rothstein's fraudulent scheme. - 950. Szfranski actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of. Razorback through fraud. Szfranski's assistance included, but was not limited to. verifying false bank.statements and deal documents. - 951. Szfranski's actions have directly caused injury and damage to Razorback., WHEREFORE. RAZORBACK FUNDING:.LLC. reouests_judgmept against MICHAEL SZFRANSKI for compensatory damages. together with court costs and such further relief as the Court deemsproper. - 952. restated herein. Plaintiff inept orates the alle aunt d in aragraphs I through 121 as if #### COUNT 117 - AIDING AND ABETTING FRAUD faxiiinst Onyx Capital Management I - 953. This is a claim for aiding and abetting fraud. - 954. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm. RRA and through TD Bank. - 955. At all times material hereto. Szfranski was acting in the scope of his emolovment as president of 9561 knew of Rothstein's fraudulent scheme. - Onyx, through Szfranski, actively assisted. and provided substantial assistance, to Rothstein in his financial exploitation of Razorback through fraud. Onyx's assistance included but was not limited to. vcrifying•false bank statements and deal documents. - 958. Onyx's actions have directly caused injury and damage to Razorback. 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 118 - AIDING AND ABETTING FRAUD (against Berenfeld Spritzer Shcchter Sherr, LIP1 959. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 001. This is a claim for aiding and abetting fraud. 001. As described more fully above, the deals in which Razorback Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm RRA. and throjigh TD Bank. 001. Berenfcld knew of Rothstein's fraudulent scheme. 001. Berenfeld actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of Razorback through fraud. Berenfeld's assistance included. but was pot limited to, providing false auditing documents relating to Banvon and RRA. . 001. Berenfeld's actions have directly caused injury and damage to Razorback. WHEREFORE, RAZORBACK FUNDING, I.LC, requests judgment against BERENFELD 4 14,14/TZER . SHECHTER SHEER, LLP for compensatory damages, together with court costs rd such further relief as the Court deems proper. #### COUNT 119 - CONVERSION (against Scott Rothstein) 965. Plaintiff incorporates the allegations contained in paraaaphs I through I07I 2_t as if restated herein. 001. This is a claim for conversion. 001. As described more fully above. the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA, and through TD Bank. In furtherance of the Ponzi scheme, Rothstein exercised unauthorized dominion and control over the property of Razorback when he absconded with Razorback's \$32O/0.000.00 in funds. 001. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of its property. 001. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by Razorback to make demand upon him for the return of its property would be futile. 001. Rothstein's actions have directly cau d damages to Razorback. WHEREFORE. RAZORBACK FUN LC. requests iudgment against SCOTT ROTHSTEIN for compensatory damages bp ith court costs and such further relief as the Court deems Prover, #### C A' ) COUNT 1,1241. AIDING AND ABETTING CONVERSION (against Spinosa) 971. Plaintiff incorporates the allegations contained in paragraphs I through 404 I 2 I as if restated Iterein, 97& This is a claim for aiding and abetting conversion. 973. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA, and through Ti) Bank. In furtherance of the Ponzi scheme. Rothstein exercised unauthorized dominion and control over the property of Razorback when he absconded with Razorback's \$32.000,000.00 in funds. 001. Rothste.in's conversion of Razorback's funds has permanently deprived Razorback of its property. 001. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by Razorback to make demand upon him for the return of its property would he futile. 001. \:Spinosa actively assisted and provided substantial assistance to Rothstein in either temporarily or permanently deprivin2 Razorback of its property by deceiving Razorback into turning its property over to Rothstein under false pretenses 001. Spinosa's actions have directly caused injury and damages to Razorback. WHEREFORE, RAZORBACK FUNDING, LLIC.Apists judgment against A. SPINOSA for compensatory damages, together with court costs and such further relief as the Court deems proper. #### COUNT 1412,1 - AIDING AND ABETTING CONVERSION (against Jennifer Kerstetter? 978. Plaintiff incorporates the allegations contained in paragraphs I through 444121 as if restated he ' . .3isis a claim for aiding and abetting conversion. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA. and through TD Bank. In furtherance of the Ponzi scheme Rothstein exercised unauthorized dominion and control over the property of Razorback when he absconded with Razorback's \$32,000,000.00 in funds. 981. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of its property. 001. Based upon Rothstein having initially fled the country alter emptying out the trust accounts, any attempts by Razorback to make demand upon him for the return of its property would be futile. 001. Kerstetter actively assisted, and_provided substantial assistance, to Rothstein in either temporarily or permanently depriving Razorback of its property by deceiving Razorback into fuming its property over to Rothstein under false pretenses. 001. Kerstetter's actions have directly caused injury and damages to Razorback. WHEREFORE, RAZORBACK FUNDING. LLC, requests judgment against JENNIFER KERSTFiTTER for compensatory damages. together with court costs and such further relief us the Court deems proper. #### COUNT 141122 - AIDING AND ABETTING CONVFRSION (against Roseanne CaretskY) 985. Plaintiff incorporates the allegations contained in paragraphs I through 444121 as if restated herein. This is a claim for aiding and abetting conversion. \\N. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA. and throu°h TD Bank. In furtherance of the Ponzi scheme Rothstein exercised unauthorized dominion and control over the property of Razorback when he absconded with Razorback's \$32.000,000.00 in funds. 988. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of its property. 001. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by Razorback to make demand upon him for the return of its_propert_y would be futile. 001. Caretskv actively assisted. and provided substantial assistance, to Rothstein in either temporarily or permanently depriving Razorback of its property by deceiving Razorback into turning its_property over to Rothstein under false pretenses. 001. Caretsky's actions have directly caused injury and damages to Razorback. WHEREFORE, RAZORBACK FUNDING. us, requests judgment against ROSEANNE CARETSKY for compensatory data siri together with court costs and such further relief as the Court deems proper. #### COUNT 17111,123 - AIDING AND ABETTING CONVF,RSION (against TD BanktN.A.) 992. Plaintiff incorporates the allegations contained in paragraphs I through 444;121 as if restated h This is a claim for aiding and abetting conversion. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA and through TD Bank. In furtherance of the Ponzi scheme, Rothstein exercised unauthorized dominion and control over the property of Razorback when he absconded with Razorback's 532,000,000.00 in funds. 995. Rothstein's conversion of Razorback's funds has \_pemianently deprived Razorback of itsproperty. 001. Based upon Rothstein having initially fled the country after emptyine, out the trust accounts, any attempts by Razorback to make demand upon him for the return of its property would be futile. 001. At all times material hereto Spinosa was acting in the scope of his employment for TD Bank. 001. At all times material hereto, Kerstetter was acting in the scope of her employment its an assistant manager of TD Bank. 001. At all times material hereto, C.metsky was acting in the scope of her employment as an assistant vice president and branch manager of Bank. 001. TD Bank, through its e es while acting within the scope of their employment, actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently azorhack of its property by allowing Rothstein to make unauthorized withdrawals of its funds and by deceiving Razorback into turning its property over to Rothstein under false pretenses. 1001 Bank's actions have directly caused injury and damages to Razorback. Ct Viti F FORE. RAZORBACK FUNDING. LLC, requests judgment against TO BANK Arr N.A., for compensatory damages, together with court costs and such further relief as the Court deems proper. #### COUNT hi-V124 - AIDING AND ABETTING C NVERSION (against Debra 1002. Plaintiff incorporates the allegations contained in paragraphs 1 through 144121 as if restated herein. 0001. This is a claim for aiding and abetting conversion. 0001. As described more fully above. the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA. and through TD Bank. In furtherance of the Ponzi scheme, Rothstein exercised unauthorized dominion and control over the property of Razorback when he absconded with Razorback's \$32,000,000.00 in funds. 0001. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of itspropertv. 0001. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by Razorback to make demand upon him for the return of its property would be futile. KN'T 0001. actively atyg≤ted, **and provided substantial assistance, to Rothstein in either temporarily or permanently depriving Razorback of its property by deceiving Razorback into turning its property over to Rothstein under false pretenses.** **1008. actions have directly caused iniury and damages to Razorback.** **WHEREFORE. RAZORBACK FUNDING. LLC, reopests judgment against DEBRA for compensatory damages, together with court costs and such further relief as the Court deeips prover.** #### **COUNT 1,V125 - AIDING AND ABETTING CONVERSION cagainst Thrnii-Pervelrene Stay),** **1009. Plaintiff incorporates the allegations contained in paragraphs I through 444121 as if restated herein.** 1010. This is a claim for aiding and abetting conversion 0001. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his lion RRA, and through TD Bank. In furtherance of the Ponzi scheme, Rothstein exercised unauthorized dominion and control over the pronenv of Razorback when he absconded with Razorback's \$32,000.000.00 in funds. 0001. Rothstcin's conversion of Razorback's funds has permanently deprived Razorback of its property. 0001. Based upon Rothstein having initially fled the countg after emptying out the trust accounts, any attempts by Razorback to make demand upon Ilyr the return of its property would be futile. 0001. Stay actively assisted, and provided substantial assistance. to Rothstein in either temporarily or permanently depriving Rg.orbaek of its property by deceiving Razorback into ::' turning its property over to Rothste. pretenses. 0001. Stay's actions ve di y caused injury and damages to Razorback. WHEREFORE, RAZO CK FUNDING, LLC, requests judgment against IRENE STAY for compensatory damages, together with court costs and such further relief as the Court deems proper. #### ÷ I\*: COUNT 126- AIDING AND ABETTING CONVERSION (against G. Levin! 1016. Plaintiff incorporates the allegations contained in paragraphs I throqgh 121 as if restated herein. 0001. This is a claim for aiding and abetting conversion. 0001. As described more fully above. the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm. RRA, and through TD Bank. In furtherance of the Ponz' scheme, Rothstein exercised unauthorized dominion and control over the property of Razorback when he absconded with their \$32,000,000.00 in funds. 0001. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of its property. 0001. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by Razorback to make demand upon him for the return of its property would be futile. 0001. Levin actively assisted, and provided substantial a.ssistance. to Rothstein in either temporarily or permanently depriving Razorback of its 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 investorkovt determined schedule, and by deceiving Razorback into turning its property over to Rothstein under false pretenses. 0001. Levin's actions have directly caused injury and damages to Razorback. WHEREFORE. RAZORBACK FUNDING, LLC, requests judgment against G. LEVIN for compensatory damages, together with court costs and such further relief as the Court deems upper. #### COUNT 127 • AIDING AND ABETTING CONVERSION (against Prevel 1023. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 0001. This is a claim for aiding and abetting conversion. 0001. As described more fully above. the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm. RRA, and through TO Bank. In furtherance of the Ponzi scheme Rothstein exercised unauthorized dominion and control over the property of Razorback when he absconded with Razorback's \$32,000,000.00 in funds. 0001. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of its property. 0001. Based upon Rothstein having initially fled the country after emptying out the tnist accounts, any attempts by Razorback to make demand upon him for the return of its property would be futile. 0001. Prove actively assisted, and provided .su Nal assistance, to Rothstein in either temporarily or permanently depriving Razorbrie property by deceiving Razorback into funding settlements that he knew did not exist. 0001. Preve's actions have irectiv caused injury and damages to Razorback. 7 WHEREFORE. RAZOR k NDING, LLC, requests judgment against la SPINOSA for compensatory damages, together with court costs and such further relief as the Court deems proper, #### U T hV4128 - AIDING AND ABETTING CONVERSION (against Banikailitecithe Fund. LP, and Binvott USVI. LLC1 Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 1031. This is a claim for aiding and abening conversion. 0001. As described more fully above, the deals in which Razorback invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA, and through TD Bank. In furtherance of the Ponzi scheme. Rothstein exercised unauthorized dominion and control over the property of Razorback's when he absconded with its 532,000.000.00 in funds. 0001. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of itsproncrty. 0001. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by Razorback to make demand upon him for the return of its property would he futile. 0001. At all times material hereto. Levin was acting t f his employment as the chief executive officer of Banvon USVI and BIF. 0001. At all times material hereto, Preve was the scope of his employment as the chief operating officer or agent of Banvon USVI 0001. Banvon USVI and FIEF. through its employees while acting within the scope of their employment, actively assist wand provided substantial assistance, to Rothstein in either temporarily or permanently vi Razorback of its property by representing that the settlement agreements purchase investors were real, that they had been fully funded, that they would be paid out to investors over a predetermined schedule and by deceiving Razorback into turning its property over to Rothstein under false pretenses. a1 Shaanvon USVI's and Bif's actions have directly caused injury and damages to Razorback. WHEREFORE. RAZORBACK FUNDING. LW. 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 129 - AIDING AND ABETTING CONVERSION (against Michael Szfranski) 1039. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein. 0001. This is a claim for aiding and abetting conversion. 0001. As described more fully above, the deals in which Razorback invek - were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA. a roue D Bank. In furtherance of the Ponzi scheme, Rothstein exercised unauthorized minbn and control over the property of Razorback when he absconded with its \$32,OOO.WQ.i,t iniunds. 0001. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of its property. at iNE 0001. Based upon Rothstein havingj6ijlallytied the country after emptying out the trust accounts, any attempts by Razorback to te ....."demand upon him for the return of their property would be futile. 0001. Szfranski actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving Razorback of its property by verifying false bank statements and deal documents and by deceiving Razorback into turning its property over to Rothstein u se pretenses. Szfranski's actions have directly caused injury and damages to Razorback. WHEREFORE, RAZORBACK FUNDING, LLC, requests judnment 4gainst judgment against MICHAEL SZFRANSKI for compensatory damages, together with court costs and such further relief as the Court deems proper. ## COUNT 130- AIDING AND ABETTING CONVERSION ### 'against Onyx Capital Management) 1046. Plaintiff incorporates the allegations contained in paragraphs 1 through 121 as if restated herein. 0001. This is a claim for aiding and abetting conversion. 0001. As described more fully above, the deals in which Razorback invests a were bogus and Rothstein was operating a Ponii scheme through his (inn, RRA, and through TD Bank. In furtherance of the Ponzi scheme, Rothstein exercised unauthorized dominion and control over the properly of Razorback when he absconded with its \$32,000,000.00 in funds. 0001. Rothstein's conversion of Razorback's funds has permanently deprived Razorback of its property. 0001. Based upon Rothstein having in'S'ziSzded the country after emptying out the trust accounts, any attempts by Razorback tQ m c and upon him for the return of their property would be futile. 0001. At all times 0, Szfranski was acting in the scope of his employment as president of Onyx. 0001. Onyx, through its employees while acting within the scope of their employment actiyelY, ass''. provided substantial assistance, to Rothstein in either temporarily or perniiinek, -depriving Razorback of its property by verifying fake hank statements and deal 4',v docurriehts and by deceiving, Razorback into turning its property over to Rothstein tinder false pretenses. 0001. Onyx's actions have directly caused iniury and damages to Razorback.