Draft: efta02774267

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶

JEFFREY EPSTEIN,¶

Plaintiff/Counter-Defendant, Case No. 50 2009 CA 040800XXXXMBAG¶

vs.¶

SCOTT ROTHSTEIN individually, individually,¶

Defendant/Counter-Plaintiff.¶

NOTICE OF E-FILING EXHIBIT*¶

Plaintiff/Counter-Defendant Jeffrey Epstein, by and through his undersigned counsel and pursuant to Rule 2.516 of the Florida Rules of Judicial Administration, hereby files his exhibits to Plaintiff/Counter-Defendant Jeffrey Epstein's Motion for Summary Judgment on Defendant/Counter-Plaintiff Fourth Amended Counterclaim L d Supporting Memorandum of Law ("Motion"), previously filed and accepted b the Beach County, Florida Civil Division Filing # 5846906. The files accompanyin this Notice of Filing Exhibits were previously filed on September 26, 2013 and again on October 2, 2013, but moved to Pending Queue due to procedural issues. This filing is an attempt to correct those procedural issues. The attachment hereto contains the exhibits to the above referenced Motion, which is not being re-filed contemporaneously herewith. However, the exhibits are being divided based upon the filing requirements of the rules of e-filing; each new exhibit begins when so marked on the is so marked on the bottom of the first page of said exhibit.¶

WE HEREBY CERTIFY that a true and correct copy of the foregoing was served, via electronic service (through the e-file portal), to all parties on the attached service list, this October 3, 2013.¶

/s/ Tonja Haddad Coleman Tonja Haddad Coleman, Esq. Florida Bar No.: 176737 Tonja Haddad, PA 5315 SE 7th Street Suite 301 Fort Lauderdale, Florida 33301 954.467.1223 954.337.3716 (facsimile) s for Epstein

¶

SERVICE LIST¶

CASE NO. 502009CA040800VMMBAG¶

Jack Scarola, Esq. jsx@searcylaw.com; mep@searcylaw.com Searcy 2139 Palm Beach Lakes Blvd. "1414' Denney Scarola et al. West Palm Beach, FL 33409¶

Jack Goldberger, Esq. jgoldberger@agwpa.com; smahoney@agwpa.com Atterbury, Goldberger, & Weiss, PA West Palm Beach, FL 33401 250 Australian Ave. South Suite 1400¶

iS5)¶

Marc Nurik, Esq. 1 East Broward Blvd. Suite 700 Fort Lauderdale, FL 33301¶

J. a, Esq. bai rthtojustice.com Jaffe Weissing Edv rds F s Lehrman 425 N Andrews Avenue Suite 2 Fort Lauderdale, Floritr301¶

? S"¶

Fred Haddad, Esq. Dee®FredHaddadLaw.com 1 Financial Plaza Suite 2612 Fort Lauderdale, FL 33301¶

W. Chester = Jr., Esq. wcblawbaol.com• wcbcg@,aol.com W. Chester Jr., P.A. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401¶

(con't)¶

Tonja Haddad Coleman, Esquire
Tonja@tonjahaddad.com; efiling@tonjahaddad.com
Law Offices of Tonja Haddad, P.A.
315 SE 7th Street, Suite 301
Fort Lauderdale, FL 33301
Attorneys for Jeffrey Epstein¶

NOT A CERTIFIED COPY¶

LIVING TRUST: and MK KRETSCHMAR request judgment against MICHAEL SZFRANSK1 for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 30 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against Onyx Capital Management)¶

346. Plaintiffs incorporate the allegations contained in paragraphs 21 as if restated herein.

347. This is a claim for aiding and abetting breach of lid

348. At all times material hereto. Szfranski was ac the scope of his employment as president of Onvx,

349. Onyx was aware that as trustee o ey trust accounts where the Banyon Investors' purported settlement funds were S. Rothstein had fiduciary duties of honesty, loyalty, and care to the Banyon Inve x was also aware that as trustee of the attorney trust accounts containing the f ich the Banyon Investors had an exclusive right to collect in the near future. R Banyon Investors had fiduciary duties of honesty, loyalty, and care to the

350. Qtt was aware that Rothstein was financially exploiting the investors to their detrimen hives aware that Rothstein was breaching his fiduciary obligations to the Banyon

351. Onyx, through its employees acting within the scope of their employment, actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of the Banyon Investors and his breaches of fiduciary duty.

352. Onyx's actions have directly caused injury and damage to the Banyon Investors.

WHEREFORE, LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST; and [REDACTED] KRETSCHMAR request judgment against ONYX CAPITAL MANAGEMENT for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 31 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY
(against Berenfeld Spritzer Shechter Sheer, LLP)¶

353. Plaintiffs incorporate the allegations contained in paragraphs 1 through 121 as if restated herein.

354. This is a claim for aiding and abetting breach of fiduciary duty.

355. Berenfeld was aware that as trustee of the attorney trust accounts where the Banyon Investors' purported settlement funds were deposited. Rothstein had fiduciary duties of honesty, loyalty, and care to the Banyon Investors. Berenfeld was also aware that as trustee of the attorney trust accounts containing the funds to which the Banyon Investors had an exclusive right to collect in the near future, Rothstein had fiduciary duties of honesty, loyalty, and care to the Banyon Investors.

356. Berenfeld was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to the Banyon Investors.

357. Berenfeld actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of the Banyon Investors and his breaches of fiduciary duty.

358. Berenfeld's actions have directly caused injury and damage to the Banyon Investors.

WHEREFORE, LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST; and [REDACTED] KRETSCHMAR request judgment against BERENFELD SPRITZER SHECHTER SHEER, LLP, for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 32 – BREACH OF FIDUCIARY DUTY
(against Scott Rothstein)¶

359. Plaintiffs incorporate the allegations contained in paragraphs 1 through 4(7)(2) as if restated herein.

360. This is a claim for breach of fiduciary duty.

361. As trustee of the attorney trust accounts where the Banyon Investors' purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty, and care to the Banyon Investors. Additionally, as trustee of the attorney trust accounts containing the funds to which the Banyon Investors had an exclusive right to collect in the near future, Rothstein had fiduciary duties of honesty, loyalty, and care to the Banyon Investors.

362. Rothstein breached his fiduciary duties by raiding the RRA trust accounts for his personal use.

363. Rothstein's actions have directly caused injury and damages to the Banyon Investors.

WHEREFORE. LINDA VON ALLMEN: as Trustee of the VON ALLMEN DYNASTY TRUST:; D&L PARTNERS, LP:: DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment against SCOTT ROTHSTEIN for compensatory damages, together with court costs and such further relief as i rtd proper.¶

COUNT XII433 - BREACH OF FIDUCIARY (against TD Bank. N.A.)¶

364. Plaintiffs incorporate the allegations contain agraphs I through -147111 as if restated herein.

365. This is a claim for breach of fidue• taSut

366. At all times material hereto. Kerstetter as active in the scone of her employment as an assistant manager of TD Bank.

367. At all times mat q, Caretsky was acting in the scope of her employment as an assistant vice president br nch manager of TD Bank.

368. In Florid bank assumes a fiduciary duty with its customer under special circumstances the bank knows or has reason to know that the customer is placing trust and confidence .____ bank and is relying on the bank to so counsel and inform him. Under the circum, outlined above where TD Bank knew that the Banyon Investors were relyinz on Kerstetter's and Caretsky's representations that the RRA trust accounts contained substantial funds. TD Bank was a fiduciary of the Banyon Investors and owed then) the fiduciary duties of honesty. loyalty, and care.

369. 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 the Banyon Investors.

370. TO Bank's actions have directly caused injury and damage to the Banyon Investors.

WHEREFORE, LINDA VON ALLMEN: as Trustee of the VON YNASTY TRUST;; D&L PARTNERS, LP:: DAVID VON ALLMEN. as Trust e DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee Stile ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request gains( TD BANK. N.A., for compensatory damages. together with court cos trther relief as the Court deems proper.¶

COUNT X-11:34 • B F FIDUCIARY DUTY yin¶

371. Plaintiffs incorpo egations contained in paragraphs I through 121 as if restated herein.

372. This is a or hreach of fiduciary duty.

373. !ding himself out as a co-investor. Levin became a fiduciary of the Banyon Investors the Banvon Investors the fiduciary duties ofhonesty, 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 the Banyon Investors.¶

375. Levin's actions have directly causal injury and damage to the Banvon Investors.

WHEREFORE, LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST: D&L PARTNERS. LP: DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR reauest jud_gment against~ G. LEVIN for compensatory damages, together with court costs and such further relief as de nn proper.¶

COUNT 35 - BREACH OF FIDUCIARY DUTY (against Prest) %.)¶

376. Plaintiffs incorporate the allegations containedmgraphs I through 121 as if restated herein.

377. This is a claim for breach of fide

378. By holding himself out as a . Previn became a fiduciary of the Banyork Investors and owed the Banyan Invest lid cituy duties of honesty, loyalty, and care.

379. Preve breached h'. duties by either ignoring_or actively assisting and providing substantial assista Rothstein in _his financial exploitation of the Banyon Investors.

380. 's actions have directly caused injury and damage to the Banyon Investors.

RE. LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRU PARTNERS, LP: DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment against a_EREVE for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 36 - BREACH OF FIDUCIARY DUTY (against Banvon Income Fund. LP, and Banyan USVI, LLC)¶

381. Plaintiffs incorporate the allegations contained in paragraphs I through 12 I as if restated herein.

382. This is a claim for breach of fiduciary duty.

383. At all times material hereto. Levin was acting in the scope of iu r, ment as the chief executive officer of Banyon USVI and BIF.

384. At all times material hereto. Preve was acting in the one o is employment as the chief operating officer or agent of Banyon USVI and B1F.

385. Banvon USVI and B1F were fiduciaries yon Investors_and owed them the fiduciary duties of honesty. loyalty. and care.

386. Banvon USVI and RIF brew SS,r iduciary duties through the actions of its employees by either ignoring or sting and providing subs ntial assistance to Rothstein in its financial exploit, Banyan Investors.

387. Banyon US VI' IF's_pctions have directly caused inj jy and damage to the Banvon Investors.

WtiER E. LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST: ALL ING TRUST; ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN RTNERS, LP; DAVID VON ALLMEN. as Trustee of the DAVID VON LIVING TRUST: and KRETSCHMAR request judgment against BANYON INCOME FUND. LP, and BANYON USVI, LI.C., for compensatory damages. together with court costs and such further relief as the Court deems_proper.¶

COUNT 37 - BREACH OF FIDUCIARY DUTY (against Michael Szfranski)¶

388. Plaintiffs incorporate the allegations contained in paragraphs I through 121 as if restated herein.

389. This is a claim for breach of fiduciary duty.

390. Szfranski. as an independent verifier. was a fiduciary of the Ba stars owed them the fiduciary duties of honesty. loyalty, and care.

391. Szfranski breached his fiduciary duties by either igno ing o actively assisting and providing substantial assistance to Rothstein in his fin xploitation of the Banyon Investors.

392. Szfranski's actions have directly /a\ cause Investors. injury and damage to the Banvon

WHEREFORE. LINDA VON ME as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS. L VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST; PVN VON ALLMEN, as Trastee of the ANN VON ALLMEN LIVING TRUST: KRETSCHMAR request judgment against MICHAEL SZFRANSKI f pensatory damages, together with court costs and such further relief as the¶

COUNT 38 - BREACH OF FIDUCIARY DUTY (against Onyx Capital Management)¶

393. Plaintiffs incorporate the allegations contained in paragraphs I through 121 as if restated herein.

394. This is a claim for breach of fiduciary duty.

395. At all times material hereto Szfranski was acting in the scope of his employment as president of Onyx.

396. Onyx. as an independent verifier. was a fiduciary of the Banyon Investors and owed them the fiduciary duties of honesty. loyalty, and care.

397. Onyx breached its fiduciary ditties through the actions of its emp s b either limonite or actively assisting and providing substantial assistance to Roths tS in its financial exploitation of the Banyon Investors, 0

398. Onyx's actions have directly caused injury and damag c Banyon Investors.

WHEREFORE. LINDA VON ALLMEN as Trust ON ALLMEN DYNASTY TRUST; D&L PARTNERS. LP; DAVID VON A Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON AU as s Trustee of the ANN VON ALLMEN TRUST: and KRETSC w-4Si ' est judgment against ONYX CAPITAL MANAGEMENT for compensato together with court costs and such further relief as the Court deems proper.¶

COUNT 39-- BREACH OF FIDUCIARY DUTY (against Berenfeld Spritzer Shechter Sheer, LLPI¶

399. Plaintiffs incorporate the allegations contained in paragraphs 1 through 121 as it' restated herein.

400. This is a claim for breach of fiduciary duty.

401. Berenfeld, as an independent auditor. was a fiduciary of the Banyon Investors and owed them the fiduciary duties of honesty. loyalty, and care.

402. Berenfeld breached its fiduciary duties by either ignoring or actively assisting and providing substantial assistance to Rothstein in his financial exploitation of the Banvon Jnvestors.

403. Berenfeld's actions have directly caused injury and damage to the Banyon Investors.

WHEREFORE. LINDA VON ALLMEN as Trustee of the VON AL N YNASTY TRUST: D&L PARTNERS, LP. DAVID VON ALLMF.N, as Tau oft DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN, as Trustee o NN VON ALLMEN LIVING TRUST: and KRETSCHMAR reit; SPRITZER SHECHTER SHEER. LLP, for compe such further relief as the Court deems proper. tent against BERENFELD ges. together with court costs and¶

COUNT 40 - AID! ABETTING FRAUD (agdiat Spinosa)¶

404. Plaintiff incorpora egations contained in paragraphs I through 121 as if restated herein,

405. This is a c or aiding and abetting fraud.

406. scribed more fully above. the deals in which the Banyon Investors invested were bo hstein was operating a Ponzi scheme through his firm. RRA, and through TD Rank

407. Spinosa knew of Rothstein's fraudulent scheme.

408. Spinosa actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of the Banyon Investors through fraud. Spinosa's assistance included, but

was not limited to. supplying investors with false bank account statements and misleading and untrue written assurances concerning the settlement accounts.¶

409. Soinostis actions have directly caused injury and damage to the Banvon Investors

WHEREFORE. LINDA VON ALLMEN as Trustee of the VON ALLM YNASTY TRUST: D&L PARTNERS, LP: DAVID VON ALLMEN. as Trustee of DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of Cstm VON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment ag A. SPINOSA for compensatory damages. together with court costs and er relief as the Court deems proper.¶

COUNT 41 - AIDING A,ING FRAUD (against .I2 te - teller)¶

410. Plaintiffs incorporate t s contained in paragraphs I through 447121 as if restated herein.

411. This is a claim ng and abetting fraud.

412. As descri re fully above, the deals in which the Banyon Investors invested were bogus and q• te was operating a Ponzi scheme through his firm. RRA. and through TD

0 Kerstetter knew of Rothstein's fraudulent scheme.¶

414. Kerstetter actively assisted, and provided substantial assistance. to Rothstein in his financial exploitation of The Banyon Investors through fraud. Kerstetter's assistance included. but was not limited to. providing false documentation to the Banvon Investors that the RRA trust accounts contained substantial funds when they did not.

415. Kerstetter's actions have directly caused injury and damage to the Banyan Investors.

WHEREFORE, LINDA VON ALLMEN: as Trustee of the VON AILMEN DYNASTY TRUST:: D&L PARTNERS. LP.: DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. Trustee of the ANN N WIN TRUST: and KRETSCHMAR request judgment sf tt JENNIFER KERSTETTER for compensatory damages together with court cos sue further relief as the Court deems proper.¶

/"t.,¶

COUNT X\ 42 - AIDING AND ABETTING FRAUD (against Roseanne Cargtskv)¶

416. Plaintiffs incorporate the allegationx ,tage8 in paragraphs I through 10;121 as if restated herein.

W 418. As described I Rot Bank. ve. the deals in which the Banvon Investors invested • scheme through his firm, RRA, and through TD¶

417. This is a claim for aidi 4abe \ ing fraud.

418. kv knew of Rothstein's fraudulent scheme.

42 tskv actively assisted, and provided substantial assistance, to Rothstein in his Tina= itation of The Banyon Investors through fraud. Carctskv's assistance included, but was not limited to. providing false documentation to the Banyon Investors that the RRA trust accounts contained substantial funds when they did not.¶

421. Caretskys actions have directly caused injury and damage to the Banvon Investors.

WHEREFORE, LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST; and [REDACTED] KRETSCHMAR request judgment against ROSEANNE CARETSKY for compensatory damages, together with court costs and such further re[REDACTED] as the Court deems proper.¶

COUNT XV143 - AIDING AND ABETTING FRAUD
(against TD Bank, N.A.)¶

422. Plaintiffs incorporate the allegations contained in paragraphs 1 through 407121 as if restated herein.

423. This is a claim for aiding and abetting fraud.

424. As described more fully above, the deals in which the Banyon Investors invested were bogus and Rothstein was operating a Ponzi scheme through his firm, RRA, and through TD Bank.

425. At all times material hereto, Kerstetter was acting in the scope of her employment as an assistant manager of TD Bank.

426. 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.

427. TD Bank knew of Rothstein's fraudulent scheme.

428. TD Bank, through Kerstetter and Caretsky, actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of the Banyon Investors through fraud. TD Bank's assistance included, but was not limited to, providing false documentation to the Banyon Investors that the RRA trust accounts contained substantial funds when they did not.

429. TD Bank's actions have directly caused injury and damage to the Banvon Investors.

WHEREFORE, LINDA VON ALLMEN. as Trustee of the VON ALLMEN DYNASTY TRUST:: D&L PARTNERS. LP:; DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of the ANN V LIVING TRUST; and KRETSCHMAR request judgment against T NK. N.A.. for compensatory damages. together with court costs and such further sell proper. Co) he Court deerm¶

COUNT X44444 - AIDING AND AB 101 FRAUD (against Debra 7¶

430. Plaintiffs incorporate the alle a io if restated herein. couta in paragraphs I through .1447 In I as

431. This is a claim for aidin (\ abetting fraud.

432. As described mo?, e. the deals in which the Banvon Investors invested were bogus and Rothstein was ocsating r a Ponzi scheme through his firm, RRA. and thmugh TD Bank

433. V t1Djs knew of Rothstein's fraudulent scheme.

financtaxexpfbstation of all of the investor victims of Rothstein's Ponzi scheme, including the gas actively assisted. and provided substantial assistance, to Rothstein in his Banvon Investors, through fraud. assistance included, but was not limited to, 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.¶

435. actions have directly caused injury and damage to the Banvon Investors.

WHEREFORE, LINDA VON ALLMEN. as Trustee of the VON ALLMEN DYNASTY TRUST:: D&L PARTNERS, LP:; DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of the ANN VON_ \ LLMEN LIVING TRUST; and KRETSCHMAR reuuest judgment against DEBR LEGAS for compensatory damages. together with court costs and such further Lelle as t e Court deems proper.¶

COUNT MAI4445 - AIDING AND ABFTTIN RAUD (against Irene Stay)¶

436. Plaintiffs incorporate the allegations ASitd'paragraphs I through 121 as if restated herein.

( S \ 437. This is a claim for aiding bear g fraud.¶

438. As described more vF, the deals in which the Bauyon Investors invested were bogus and Rothstein was o rati g a Ponzi scheme through his firm. RRA, and through TD Bank

439. St w of Rothstein's fraudulent scheme.

440. 4 Ctively assisted, and Provided substantial assistance. to Rothstein in his financi tion of all of the investor victims of Rothstein's Ponzi scheme, including the Banyan Investors, through fraud. Stay's assistance included. hut was not limited to, furnishing false bank 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.

441. Stay's actions have directly caused injury and damage to the Banvon Investors.

WHEREFORE, LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST: D&L PARTNERS, LP; DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST; and KRETSCHMAR 'realest judgment against IRENE STAY for compensatory damages. together with court costs and such further relief as theta:, rt deems proper.¶

COUNT 46 - AIDING AND ABETTING ERA 0 a ainst . Levin¶

iii) 442. Plaintiffs incorporate the allegations contained graphs I through 121 as if restated herein.¶

443. This is a claim for aiding and abettin \

444. As described more fully abov S St I . in which the Banvon Investors invested were bogus and Rothstein was operatinftQPhnzi Bank. heme through his firm, RRA. and through TD

445. Levin knew of Rothstein's fraudulent scheme

446. Levin activ isled, and provided substantial assistance, to Rothstein in his financial exploita f the Banvon Investors through fraud. Levin's assistance included, but was not li presenting that the settlement agreements purchased by investors were real, that the a en fully funded, and that they would be paid out to investors over a predetermined schedule.

447. Levin's actions have directly caused injury and damage to the Banyon Investors.

WHEREFORE, LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST; Da PARTNERS. LP: DAVID VON ALLMEN, as Trustee of the DAVID VON¶

ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment against G. LEVIN for compensatory damages, together with court costs and such further relief as the Court deems¶

COUNT 47 - AIDING AND ABETTING FRAUD (against Preve)¶

448. Plaintiffs incorporate the allegations contained in naragrap restated herein. Nigh 121 as if

449. This is a claim for aiding and abetting fraud.

450. As described more fully above, the deals ' w c• e Banvon Investors invested k were bogus and Rothstein was operating a Ponzi sela gh his firm. RRA, and through TD Bank.

451. Preve knew of Rothstein' dul S \ t scheme.

452. Preve actively assi li.. ovided substantial assistance. to Rothstein in his financial exploitation of the Ba on rivestors through fraud. Preve's assistance included, but was not limited to, rep hat the settlement aweements purchased by investors were real, that they had fully funded, and that they would he paid out to investors over a redetermi ale.

te's actions have directly caused injury and damage to the Banyon Investors.¶

WHEREFORE, LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS. LP: DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST; and KRETSCHMAR request judgment against PREVE for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 4$ - AIDING AND ABETTING FRAUD (against Banvon Income Fund, LP, and Banvon USVI, LLC)¶

454. Plaintiffs incorporate the allegations contained in paragraphs I Ict gh _I as if restated herein.

455. This is a claim for aiding and abetting fraud.

456. As described more fully above, the deals in w Banyon Investors invested were bogus and Rothstein was operating a Ponzi scheme s, firm, RRA, and through TD Bank.

CO¶

457. At all times material hereto. ing in the scope of his employment as the chief executive officer of BANYON d OIF.

458. At all times materi" ve was acting in the scope of his employment as, the chief operating officer or agent ta. Anyon USVI and IMF.

459. Banvon US BIF knew of Rothstein's fraudulent scheme.

460. B SV1 and BIF through Levin and Prove actively assisted. and provided substantial to Rothstein in his financial exploitation of the Banvon Investors through fraud. yin SV1's and BIF's 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 predetermined schedule.

461. Banyon USV1's and B1F's actions have directly caused injury and damage to the Banyon Investors.

WHEREFORE. LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS. LP; DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment a,gginst BANYON INCOME FUND, LP. and BANYON USVI. LLC.. for compensatory dam ges together ' and such further relief as the Court deemsproper.¶

COUNT 49 - AIDING AND ABETTING FRA (against Michael Szfranski)¶

restated herein. 462. Plaintiffs incorporate the allegations containV r agraphs I through 121 as if¶

463. This is a claim for aiding and abet ti ' /S14, ra

464. As described more fully abov S. tt, ciikc s in which the Banvon Investors invested were bogus and Rothstein was operati 9 lcrm.i onz theme through his firm. RRA. and through TD Bank.

465. Szfranski kne f R hstein's fraudulent scheme.

466. Szfranski V assisted, and provided substantial assistance. to Rothstein in his financial exploiip n of the Banvon Investors through fraud. Szfranski's assistance included, but was to. verifying false bank statements and deal documents.

Szfranski's actions have directly caused inju_et and damage to the Banvon Investors.¶

WHEREFORE. LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST: D&L PARTNERS. LP: DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST. and KRETSCHMAR reutiest judgment against MICHAEL SZFRANSKI for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 50 - AIDING AND ABETTING FRAUD (against Onyx Capital Management)¶

468. Plaintiffs incoipsrute the allegations contained in oaagraphs 1 through 121 as if restated herein.

469. This is a claim for aiding and abetting fraud.

470. As described more fully above, the deals in wh'V Banyon Investors invested were bogus and Rothstein was ()aerating a Nazi scheme RRA, and through 113 Bank.

471. At all times material hereto. S ti c acting in the scope of his employment as president of Onyx.

472. Onyx. thro lively assisted, and provided substantial assistance. to Rothstein in his financial lion of the Banyon Investors through fraud. Onyx's assistance included, but was imit • to. verifying false bank statements and deal documents.

473. sactions have directly caused injury and damage to the Banyon Investors.

FORE. LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST: D&L PARTNERS. LP: DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request_ judgment against ONYX CAPITAL¶

DAIL 477. As described more fully above, the deals in which th were bogus and Rothstein was operating a Ponzi scheme th roAlp • (Int RRA. and through TD no Investors invested¶

restated herein. 475. Plaintiffs incorporate the allegations contained in paragraphs I throw A h 121 as if¶

476. This is a claim for aiding and abetting fraud.

MANAGEMENT for compensatory damages. together with court costs and such further relief as the Court deems proper¶

COUNT .51 - AIDING AND ABETTING FRAUD (against Berenfeld Spritzer Shechter Sheer, LLP1¶

478. Berenfeld knew of Rothstein's frau eyt bemc.

479. Berenfeld actively assisted, Nsp ri ed substantial assistance, to Rothstein in his financial exploitation of the B Investors through fraud. Berenfeld's assistance included, but was not limited t g false auditing documents relating to Banvon and RR9

480. Derenfeld ithajto• ns have directly caused injury and damage to the Banvon t Investors.

RE. LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRU PARTNERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING TRUST; and KRETSCHMAR request judgment against BERENFELD SPRITZER SHECHTER SI1EER, LLP, for compensatory damages, together with court costs and Deb further relief as the Court deems proper.¶

the Banvon Investors of their property. 484. Rothstein's conversion of the Ban mcn, tors funds has permanently deprived¶

COUNT 52 — CONVERSION (against Scott Rothstein)¶

481. Plaintiffs incorporate the allegations contained in paragraphs I through 144712I as if restated herein.

482. This is a claim for conversion.

483. As described more fully above. the deals in which the Banyon sto invested were bogus and Rothstein was operating a Ponzi scheme through his fimi d through TD Bank. In furtherance of the Ponzi scheme. Rothstein exercised nautkorized dominion and control over the property of the Banyon Investors when he a with the Banyon Investors $60,0449550.000.00 in funds.

484. Based upon Rothstein h initi Ily fled the country after emptyintout the trust accounts, any attempts by the Bap i tors to make demand upon him for the return of their property would be futile.

485. Rothstein'. Itatr• ns have directly caused iniury and damages to the Banyon Investors.

e RE. LINDA VON ALLMEN: as Trustee of the VON ALLMEN DYNASTY TRU. PARTNERS. LP: DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN as Trustee of the ANN VON ALLMEN LIVING TRUST; and KRETSCHMAR request_ judgment against SCOTT ROTHSTEIN for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT XIX53 - AIDING AND ABETTING CONVERSION
(against Jennifer-Kerstetter Frank Spinosa)¶

487. Plaintiffs ineopportunate Plaintiff incorporates the allegations contained in paragraphs 1 through 407121 as if restated herein.

488. This is a claim for aiding and abetting conversion.

489. As described more fully above, the deals in which the Banyon Investors 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 the Banyon Investors when he absconded with their the Banyon Investors' $60,000 550,000.00 in funds.

490. Rothstein's conversion of the Banyon Investors' funds has permanently deprived the Banyon Investors of their property.

491. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by the Banyon Investors to make demand upon him for the return of their property would be futile.

492. Spinosa actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving the Banyon Investors of its property by deceiving the Banyon Investors into turning their property over to Rothstein under false pretenses.

493. Spinosa's actions have directly caused injury and damages to the Banyon Investors.

WHEREFORE, LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN¶

LIVING TRUST: and KRETSCHMAR request judgment against A. SPINOSA for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

restated herein. 494. Plaintiffs incorporate the allegations contained in paragraphs Ifitroun 2I as if ox¶

495. This is a claim for aiding and abetting conversion.

COUNT 54 - AIDING AND ABETTING CONVERSION faninst Jennifer Kerstetter)¶

496. As described more fully above, the deals in w ' e Banyon Investors invested were bogus and Rothstein was operating a Ponzi scheme r 0 s firm. RRA, and through TD Bank. In furtherance of the Ponzi scheme, Ro rcised unauthorized dominion and control over the property of the Banvon Inv- he absconded with their 560,550,000.00 in funds.

497. Rothstein's conve Banyon Investors' funds has permanently deprived the Banyon Investors of their p

498. Based upo tein having initially fled the country after emptying out the trust accounts. any att@t1 by t Banyon Investors to make demand upon him for the return of their property w tile.

etter active] and mvidt substantial assistance to Rothstein in either temporarily or permanently depriving the Banyon Investors of their property by deceiving the Banvon Investors into turning theirproperty over to Rothstein under false pretenses.¶

500. Kerstetter's actions have directly caused injury and damages to the Banvon Investors.

WHEREFORE, LINDA VON ALLMEN. as Trustees" the VON ALLMEN DYNASTY TRUST:: D&t. PARTNERS. LP:: DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LiviNg TRUST: ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment against JENNIFER KERSTETTER for compensatory damages. together with court costs and such lurk er relief as the Court deems proper.¶

COUNT NNS5 - AIDING AND ABETTING CONYEal (against Roseanne Caretskv)¶

%,..1 501. Plaintiffs incorporate the allegations contain eicya • graphs I through 407121 as if restated herein,¶

502. This is a claim for aiding and abet(' \ n ;ion.

503. As described more fully abo h g31s in which the Banyon Investors invested were bogus and Rothstein was operati onzi scheme through his Linn, RRA. and through TD CO Bank. In furtherance of the P ' le, Rothstein exercised unauthorized dominion and control over the Property e Banvon Investors when he absconded with their $600305

tein's conversion of the Banyon Investors' funds has permanently deprived :II; Runyon of their property.¶

Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by the Banvon Investors to make demand upon him for the return of their property would he futile.¶

506. Caretsky actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving the Banvon Investors of their property by deceiving the Banyan Investors into turning its property over to Rothstein under false pretenses.

507. Carctskv's actions have directly caused iniug and damages to the Banyon Investors.

WHEREFORE. LINDA VON ALLMEN: as Trustee of the VON A N DYNASTY TRUST.; D&I. PARTNERS. LP.; DAVID VON ALLMEN. as Ti c ' dt e DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN. as Trustee of • LIVING TRUST: and KRETSCHMAR reo NN VON ALLMEN ent against ROSF.ANNE CARETSKY for compensatory damages, together w skis and such further relief as the Court deems proper.¶

COUNT:XX156 - AID A ETTING CONVERSION ist TD ank. N.A.I¶

508. Plaintiffs incorpor t T l gations contained in paragraphs I through 4447121 as if restated herein.

509. This is a c aiding and abetting conversion.

510. AI'Si, more fully above. the deals in which the Banyon Investors invested were bogus hstein was operating a Ponzi scheme through his firm. RRA, and through TD Bank. erance of the Ponzi scheme, Rothstein exercised unauthorized dominion and control over the Property of the Banyon Investors when he absconded with their $60,000550,000.00 in funds.

511. Rothstein's conversion of the Banyon Investors' funds has permanently deprived the Banyon Investors of their property.

as an assistant vice president and branch manager of TD Bank. 514. At all times material hereto. Caretsky was actin s in the scope 41S,employment 0¶

512. Based upon Rothstein having initially fled the country after emptying out the trust accounts. any attempts by the Banyon Investors to make demand upon him for the return of their property would be futile.

513. At all times material hereto. Kerstetter was acting in the scope of her employment as an assistant manager of TD Bank.

514. TD Bank. through its employees while acting v the scone of their employment, actively assisted, and provided substantial- v. tv Rothstein in either temporarily or permanently depriving the Banyon Rothstein to make unauthorized withdrawals of i into turning its property over to Rothstein u of their property by allowing s and by deceiving_the Ballston Investors Ise pretenses.

515. TD Bank's actions Investors. v caused injury and damages to the Banvoa

WHEREFORE LIN LLMEN: as Trustee of the VON ALLMEN DYNASTY TRUST:. D&L PA NE Pt DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LI C r)C TRUST: ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING . nd KRETSCHMAR request judgment against TD BANK N.A., for compensatdtty damages. together with court costs and such further relief as the Court deems proper.¶

COUNT XXH57 - AIDING AND ABETTING CONVERSION
(against Debra [REDACTED])¶

517. Plaintiffs incorporate the allegations contained in paragraphs 1 through 447121 as if restated herein.

518. This is a claim for aiding and abetting conversion.

519. As described more fully above, the deals in which the Banyon Investors 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 the Banyon Investors when he absconded with the Banyon Investors' $60,000,550,000,000 in funds.

520. Rothstein's conversion of the Banyon Investors' funds has permanently deprived the Banyon Investors of their property.

521. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by the Banyon Investors to make demand upon him for the return of their property would be futile.

522. [REDACTED] actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving the Banyon Investors of their property by deceiving the Banyon Investors into turning their property over to Rothstein under false pretenses.

523. [REDACTED] actions have directly caused injury and damages to the Banyon Investors.

WHEREFORE, LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN¶

LIVING TRUST: and KRETSCHMAR request iudoment against DEBRA for compensatory damages, together with court costs and such further relief as the Court deems prover.¶

COUNT X X 11158 - AIDING AND ABETTING CONVERSION (against Irene Star?¶

524. Plaintiffs incorporate the allegations contained in miragraphs I restated herein. as if

525. This is a_claim for aiding and abetting conversion

526. As described more fully above, the deals in w e4' f Banyon Investors invested were bogus and Rothstein was operating a Ponzi sche e c s finn. RRA. and through TD Bunk. In furtherance of the Ponzi scheme, Ro control over the property of the Banyon Invey r n e absconded with the Banvon Investors' $60.550.000.00 in funds. unauthorized dominion and

527. flothstein's (mower Banyon Investors' funds has permanently deprived the Banyon Investors of their

528. Based upo o 'Stein having initially fled the country after emptyingout the u-ust accounts, any art sesby t^tBanvon Investors to make demand !wo n him for the return of their property w ile.

vely assisted, and rovided substantial assistance, to II( lis)ein in either temporarily or permanently depriving the Banyon investors of their property by deceiving the Banvon Investors into turning their property over to Rothstein under false pretenses.¶

530. Stay's actions have directly caused injury and damages to the Banyon Investors.

WHEREFORE. LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST: D&L PARTNERS. LPi DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment against IRENE STAY for com• rrator da ta, to ether with court costs and such fu t reli C rt¶

COUNT 59 AIDING AND ABETTING CONVF N a ainst Levin¶

531. Plaintiffs incorporate the allegations contained~ttP41jagraphs 1 through 121 as if restated helein.

532. This is a claim for aiding and abet(

533. As described more fully ahoy in which the Banyon Investors invested were bogus and Rothstein was operati onzi hone through his firm. RRA, and through TD Bank. In furtherance of the P control over the property of th in funds. Rothstein exercised unauthorized dominion and Investors when he absconded with their $60,550,000.00

534. Rot in's conversion of the Banyon Investors' funds has permanently deprived the Banvo I of their property.

othstein havin initiall fled the count after e is trust accounts. any attempts by the Banyan Investors to make demand upon him for the return of' their property would be futile.¶

536. Levin actively assisted. and provided substantial assistance. to Rothstein in either temporarily or permanently depriving_the Banyon Investors of theirproperty by representing that

the settlement agreements purchased by investors were real, that they had been fully funded. that they would be paid out to investors over a predetermined schedule, and by deceiving the Banyon Investors into turning its property over to Rothstein under false pretenses.¶

537. Levin's actions have directly caused injury and damages to the Banyon Investors.

WHEREFORE. LINDA VON ALLMEN as Trustee of the VON ALLME NASTY TRUST: D&L PARTNERS, LP DAVID VON ALLMEN. as Trustee of t AVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of ON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment a am G. LEVIN for compensatory damages, together with court costs and sk " ) relief as the Court deems prover.¶

A\r" COUNT 60 - AIDING AND ING CONVERSION¶

538. Plaintiffs incorporate the restated herein. s contained in paragraphs I through 121 as if

539. This is a claim f -cl g and abetting conversion

540. As describ gfe fully above, the deals in which the Banyon investors invested were bogus and em was operating a Ponzi scheme through his firm. RRA, and through TD Bank. In1u to ce of the Ponzi scheme. Rothstein exercised unauthorized dominion and controlo property of the Banvon Investors when he absconded with their $60,550,000.00 in funds.

541. Rothstein's conversion of the Banvon Investors' funds has permanently deprived the Banvon Investors of their property.

542. $ased upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by the Banvon Investors to make demand upon him for the return of their property would be futile.

543. Preve actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving the Banyon Investors of their property by re nting that the settlement agreements purchased by investors were real that they had bee y funded. that they would be paid out to investors over a predetermined schedule. anal b ing the Banyon Investors into turning its property over to Rothstein under fat. _prcten(s c

544. Preve's actions have directly caused injury a s to the Banyon Investors, WHEREFORE, LINDA VON ALLMEN as" t c VON ALLMEN DYNASTY TRUST: D&L PARTNERS, LP: DAVID VO M N. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON as Trustee of the ANN VON ALLMEN LIVING TRUST; and AR request iudgment against MICHAEL SZFRANSKI for compensator together with court costs and such further relief as the Court deems proper.

COUNT 61 - AIDING AND ABETTING CONVERSION (against Banvon Income Fund, LP, and Banvon USVI, LLC)¶

545 QF3L tiffs incorporate the allegations contained in paragraphs I through I21 as if¶

546. This is a claim for aiding and abetting conversion.

547. As described more fully above, the deals in which the Rayon Investors 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 oroperty of the Banyon Investors when he absconded with their $60,550,000.00 in funds.

548. Rothstein's conversion of the Banvon Investors' funds has permanently denrive4 the Banyon Investors of their property.

549. Based upon Rothstein having initially fled the country after emptyitØa the trust accounts, any attempts by the Banvon Investors to make demand unon him f 44;:treturnof their property would be futilQ

550. At all times material hereto. Levin was acting in the . f his employment as the chief executive officer of Banvon US V I and B IF.

551. At all times material hereto. Preve wad ill n the scope of his employment as the chief operating officer or agent of Banvon US

552. Banyon USVI and BIF, throt gh employees while acting within the scope of their employment, actively assisted temporarily or permanently dcp anyon Investors of their property by renresenting that the settlement agreement • urch by investors were real, that they had been fully funded, that they would be paid s t t.,o it estors over a predetermined schedule. and by deceiving the Banyon Investors into ' g i property over to Rothstein under false Pretenses, ed substantial assistance, to Rothstein in either

553. on USVI's and BIF's actions have directly caused injury and damages to the Ban

WHEREFORE, LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST: D&L PARTNERS, LP: DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR wiles, judgment against BANYON INCOME FUND. LP, and BANYON USVI, LW., for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 62 - AIDING AND ABETTING CONVERSION (against Michael Szfranski)¶

554. Plaintiffs incorporate the allegations contained in Paragraphs restated herein.

555. This is a claim for aiding and abetting conversion.

556. As described more fully above, the deals in w Ic' er Banyan Investors invested were bogus and Rothstein was operating. a Ponzi scheme s firm, RRA, and through TD Bank. In furtherance of the Ponzi scheme, Rot stein rcised unauthoriied dominion and control over the prooeny of the Banyon lnvs Ors when he absconded with their $60,550,000.00 in funds.

557. Rothstein's conve the Runyon Investors of their p Banyon Investors' funds has permanently deprived

558. Based upo stein having initially fled the country after emptying out the trust accounts, any att s by the Banyon Investors to make demand upon him for the return of their rt w ile.

, zfranski actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving the Banyon Investors of their property by verifying false hank statements and deal documents and by deceiving the Banvon Investors into turning its property over to Rothstein under false pretenses.¶

560. Szfranski's actions have directly caused injury and damages to the Banvon Investors.

WHEREFORE. LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS. LP: DAVID VON ALLMEN as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN, as Trustee of the VON ALLMEN LIVING TRUST; and KRETSCHMAR reauast jud against MICHAEL SZFRANSKI for compensatory damages, together with cou such further relief as the Court deems [wooer.¶

restated herein. 561. Plaintiffs incorporate the a t contained in paragraphs I through 121 as if¶

COUNT 63 - AIDING AND ABETTING CONVERSION %against Onyx Cap' 1% anagement)¶

562. This is a claim (dine c \ and ' abetting conversion.

563. As descri ully above, the deals in which the Banyon Investors invested were bogus and Roths w s operating a Ponzi scheme through his firm. RRA. and through TI) Bank. In furth l of the Ponzi scheme. Rothstein exercised unauthorized dominion and control O the property of the Banyon Investors when he absconded with their $60,550O10.00

564. Rothstein's conversion of the Banyon Investors' funds has permanently deprived the Banyon Investors of their property.

565. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by the Banyon Investors to make demand upon him for the return of their property would be futile.

the Court deems proper. WHEREFORE, LINDA VON ALLMEN as Trustee V IN ALLMEN DYNASTY TRUST; D&L PARTNERS. LP; DAVID VON AL rustec of the DAVID VON A1,1.MEN LIVING TRUST: ANN VON ALLM Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCH 11S 1st judgment against ONYX CAPITAL MANAGEMENT for conmensatory <Zd ) ether with court costs and such further relief as¶

566. At all times material hereto, Szfranski was acting in the scope of his employment as president of Onyx.

567. Onyx, through its employees while acting within the scope of their employment, actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving the Binvon Investors of their property by verifying false bank s Cements and deal documents and by deceiving the Banyon Investors into turning its rtv over to 0 Rothstein under false pretenses. 568. Onvx's actions have directly caused injury and damages Ce)Banvon Investors.

COUNT 64 - AIUTNG AND ABETTING CONVERSION Jagait Berenfeld Spritzer Shechter Sheer, LLPI¶

569. Plaid incorporate the allegations contained in paragraphs I through 121 as if h

is is a claim for aiding and abetting conversion.¶

571. As described more fully above, the deals in which the Banyon Investors 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 the Banvon Investors when he absconded with their $60.550.000.00 in funds.¶

572. Rothstein's conversion of the Banvon Investors' funds has permanently deprived the Banvon Investors of their property.

573. Based upon Rothstein having initially fled the country after cm t jn trust accounts, any attempts by the Banyon Investors to make demand upon him forQeturn of their property would be futile. 0

574. Berenfeld actively assisted, and provided substantial jc nee, to Rothstein in either temporarily or permanently depriving the Banyan In err property by providing false auditing documents relating to Banvon and RR Ateeiving the Banvon Investors into turning its proneny over to Rothstein under f • crises.

575. Berenteld's actions have di ca Gs injury and damages to the Banvon Investors.

WHEREFORE v) LINDAC N MEN as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNE S. LP. AVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING ERUS ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING 'TRU SPRITZER ER SHEER, LIP, for compensatory damages. together with court costs and such furthe lief as the Court deems proper. KRETSCHMAR request judgment against BERENFELD¶

COUNT 65 - NEGLIGENT SUPERVISION (against ID Bank. N.A.)¶

576. Plaintiffs incorporate the allegations contained in paragraphs I through 44121 as if restated herein.

577. This is a claim for negligent supervision.

578. As described more fully above, Spinosa. Kerstetter and Curctskv participated with actual or constructive knowledge. in Rothstein's P011Zi scheme. Kerstetter's and Caretskv's participation included. but was not limited to. providing the Banyon Investors with false information concerning the amounts deposited in RRA trust accounts.

579. In reliance on Kerstetter's and Carctsky's representations. on 5. 2009. the Runyon Investors began sending payments to RRA's account at TD B ve natty funding a total of $60,000550,000.00.

580. The Banyon Investors' reliance on Kets Caretsky's representations was reasonable and justified.

581. TO Bank owed a duty to the Batt lu ye,uors to nsure that its employees were not actively defrauding depositors by make se representations in order to trick them into making unsafe deposits into trust ace • ev knew or reasonably should have known were being raided by Rothstein.

582. Tr, Bank reache s duties to the Banyon Investors because it had actual or constructive notic t its sistant manager and assistant vice president and branch manager were either ledtly or nelligeni_typanicinating in a scheme which resulted in the unautho 're tie of investors' deposits. and acted unreasonably by failing to investigate or take correc e action.

583. As a direct and proximate result of TD Bank's failure to investigate or take corrective action against Kerstetter or Caretsky, the Banyon Investors have sustained damages.

WHEREFORE, LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST; and [REDACTED] KRETSCHMAR request judgment against TD BANK N.A., for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

NOTA CERTIFIED COPY¶

COUNT XX-IA: 66 - FRAUDULENT MISREPRESENTATION (against Scott Rothstein)¶

584. Plaintiff incorporates the allegations contained in paragraphs I through 1444121 as if restated herein.

585. This is a claim for fraudulent misrepresentation.

586. As described more fully above. Rothstein was operatint_a Po his firm. RRA. and through TD Bank. !trough

587. In furtherance of the Ponzi scheme. Rothstein kno Qae d material false statements and representations. including but not limited et .c senting that the settlement ~mo agreements purchased by investors were real, that t would be paid out to investors over a predetermine Ssc e fully funded, and that they

\a p 588. Rothstein intended Razorback ac is knowingly false representations.¶

589. Razorback justifiably re n othstcin's representations to its detriment.

590. As a direct and p stilt of Rothstcin's false statements. Razorback has sustained damages.

WHEREFORE. I RBACK FUNDING. LLC, requests judgment against SCOTT ROTEISTEIN foicensatoof damages, together with court costs and such further relief as the Court dee¶

COUNT \X-V67 - FRAUDULENT MISREPRESENTATION (against Spinosa)¶

591. Plaintiff incorporates the allegations contained in paragraphs 1 through 444;121 as jf restated herein.

592. This is a claim for fraudulent misrepresentation.

sustained damages. 597. As a direct and nmximate result of Spin s 's ) statements, Razorback has¶

WIII3FtEFORE. RAZORBACK FUND N C. requests judgment against A. SPINOSA for compensatory damages, topbllt ii court costs and such further relief as the Court deems proper.¶

593. As described more fully above. Rothstein was operating a Ponzi scheme through his firm. RRA, and through TD Bank.

594. In furtherance of the Ponzi scheme. Spinosa knowingly made material false statements and representations including, but not limited to. supplying investors with false bank account statements and misleading and untrue written assurances concerning settlement accounts.

i AS 595. Spinosa intended Razorback to act on his knowingly fa • rep s ntations.¶

596. Razorback justifiably relied upon Spinosa' s rerircsenta 1623 its detriment.

TM REPRESENTATI (againstlynnifer Kerstetter)¶

59:. tiff incorporates the allegations contained in paragraphs 1 through -107121 as if restate¶

599. This is a claim for fraudulent misrepresentation.

600. As described more fully above, Rothstein was operating a Ponzi scheme through his firm. RRA. and through 'ID Bank,

• 601. In funherance of the Ponzi scheme, Kerstetter knowingly made material false statements and representations including, but not limited to, supplying investors with false bank account statements.
  • 602. Kerstetter intended Razorback to act on her knowingly false representations.
  • 603. Razorback iustifiablv relied upon Kerstetter's representations to its nt,
• 604. As a direct and proximate result of Kerstetter's false statemen azorback has sustained damages. O yy

WHEREFORE, RAZORBACK FUNDING. LW. requests jus t against JENNIFER KERSTETTER for compensatory damages, together with <,) u s and such further relief as the Court deems proper.¶

A\r" COUNT >AN-4169 - FRAUDU ISREPRESENTAT1ON (against R retskv)¶

• 605. Plaintiff incorporates the alio s contained in paragraphs I through 14-17 I 21 as if restated herein.
• 606. This is a claim w tdent misrepresentation.
• 607. As deseribt fully above. Rothstein was operating a Ponzi scheme through his firm, RRA. a ugh TD Bank. 608% trance of the Ponzi scheme. Caretskv knowingly made material false stateme presentations including, but not limited to, supplying investors with false bank account statements.
  • 609. Caretskv intended Razorback to act on her knowingly false representations.
  • 610. Razorback justifiably relied upon Caretskv's representations to its detriment.

611. As a direct and proximate result of Careisky's false statements. Razorback has sustained damages.

WHEREFORE. RAZORBACK FUNDING, LLC. requests judgment against ROSEANNE CARETSKY for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT X-X-V14170 - FRAUDULENT MISREPRESENTAT IS Ask' !against TI) Bank, N.A.1¶

612. Plaintiff incorporates the allegations contained in pan if restated herein. gh -144121 as

613. lid ent m

614. At al in the scope of his employment as Regional Vice President of T.D. Bank.

615. At all times material he Ssre> i er was acting in the scone of her employment as an assistant manager of TD Bat Id

616. At all times mat I h reto. Caretsky was acting in the scope of her emplovincril as an assistant vice presid branch manager of TD Bank.

617. A. more fully above. Rothstein was operating a Ponzi scheme through his TD Bank w

n furtherance of the Ponzi scheme, TD Bank. throngh Spinosa. Kerstetter, and Caretsky. 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 settlement accounts.¶

619. TD Bank, through Spinosa, Kerstetter. and Carctskv. intended Razorback to act on their knowingly false representations,

620. Razorback justifiably relied upon TD Bank's, through Spinosa's. Kerstetter's, and Camtsky's, representations to its detriment.

621. As a direct and proximate result of TD Bunk's, mack....t ., rough Spinosa's Kerstetter's. and Caretsky's. false statements. Razorback has sustat ages.

WHEREFORE, RAZORBACK FUNDING. LLC, mgc sts ida ent against TD BANK, N.A., for compensatory damages, together with court c a such further relief as the Court deems proper.¶

COUNT XX IIX71 - FRAUDUI%e SREPRFSENTATION (against ft.:rind-44*v orge G. Levin)¶

622. Plaintiff incorporates the allegations contained in paragraphs 1 through 404121 as if restated herein.

623. This is a c uclulent misrepresentation.

624. As dew of e fully above. Rothstein was operating a Ponzi scheme through his firm RRA. anthough TD Bank.

6251 furtherance of the Ponzi scheme, Levin knowingly made material false d representations including, but not limited to. representing that the settlement nts purchased by investors were real, that they had been fully funded, and that they would bepaid out to investors over a predetermined schedule.¶

626. Levin intended Razorback to act on his knowingly false representations.

627. Razorback iustifiably relied upon Levin's representations to its detriment.

As a direct and proximate result of Levin's false statements, Razorback has taxes.¶

BEFORE. RAZORBACK FUNDING. LLC, requests judgment against impensatory damages, together with court costs and such further relief as the Court¶

Ad ic¶

COUNT 72 - FRAUDULENT MISREPRESENTATION (against Preve)¶

0 Plaintiff incorporates the allegations contained in paragraphs 1 through 121 as if rt.¶

This is a claim for fraudulent misrepresentation. As described more fully above. Rothstein was operating a Po through k. and through TD Bank.¶

In furtherance of the Ponzi scheme. Preve knou t' m dc material false d representations including, but not limited to. u ivestors with false bank mcnts and false confirmations that other nu id been wired to RRA trust¶

Preve intended Razorback to his knowingly false representations. Razorback justifiably re tpe Preve's representations to its detriment.¶

As a direct and pro to result of Prevc's false statements, Razorback has Mai¶

t.E.FORE. RAZORBACK FUNDING. l-LC, requests judgment against 'moensatory damages. together with court costs and such further relief as the Court¶

628. sustained dar

WHE LEVIN fora deems proper¶

629. restated herei

630. 631. his firm. MP

631. statements an account state accounts.

632. 634. 635. sustained dart

WHEI EREVE for ci deems proper¶

4.14WN-1-73 - FRAUDULENT MISREPRESENTATION tomdtanvon Income Fund. LP. and Banvon USVI. LLC)¶

porates the allegations contained in paragraphs I through 114121 as¶

I for fraudulent misrepresentation.¶

laterial hereto. Levin was acting in the scope of his employment as¶

3anyon USVI and BIF.¶

iaterial hereto, Preve was acting in the scope of his employment as¶

men( of Ramon USVI and BIF.¶

more fully above. Rothstein was operating a Ponzi scheme through¶

f) Bank.¶

of the Ponzi scheme, Banvon USVI and BIF, through¶

trial false statements and representations including. bufa2puted¶

ement agreements purchased by investors were that they had¶

ev would be paid out to investors over a prede ti d schedule:¶

and BIF. through Levin and Preve, int Razorback to act on¶

nations.¶

:ifiably relied upon Ban and BIF's, through Levin's and¶

detriment.¶

id proximate result of Banvon USVI's and B1F's, made through¶

ements and representations, Razorback has sustained damages.¶

COUNT XXX-14E4 (against hunk Spi¶

636. Plaintiff ingot

if restated herein.¶

637. This is a clain A, 638. At all times n

pte chief executive officer of I¶

639. At all limes n

the chief operating officer or 1¶

640. As described

his firm. RRA, and through 1¶

641. In furtherance

Preve, knowingly made mat(¶

to. representing that the sett)¶

been fully funded, and that th¶

642. Banvon US VI

their knowingly false repress¶

643. Razorback 'us

Preve's. representations to thi¶

644. As a direct at

Lcvin's and Preves, false sta¶

WHEREFORE. RAZORBACK FUNDING, LLC. reoucsts_ kid:men' against BANYON INCOME FUND, LP. and BANYON USVI. LIE., for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 74 - FRAUDULENT MISREPRESENTATION (against Michael Szfranski)¶

645. Plaintiff incomprates the allegations contained in paragraphs 1 (Iron ... if restated herein. 646. This is a claim for fraudulent misrepresentation. O

646. As described more fully above, Rothstein was opera(' Ponzi scheme through his firm. RRA. and through TD Bank.

647. In furtherance of the Ponzi scheme, Szf S•Ict • p wingly made material false statements and representations including, but not li Se ergyini false hank statements and deal documents. 777

648. Szfranski intended Raw on his knowinKls false representations.

649. Razorback justifiably ied Pon Szfranski's representations to its detriment.

650. As a direct and ate result of Szfranski's false statements. Razorback has sustained damages.

WHERE1-OR ORBACK FUNDING. LLC, requests judgment against MICHAEL SZFRANSKI9 Rtpensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 75 - FRAUDULENT MISREPRESENTATION (against Onyx Capital Management )¶

652. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein.

653. This is a claim for fraudulent misrepresentation.

654. At all times material hereto, Szfranski was acting in the scope of his employment as president of Onyx.

655. As described more fully above, Rothstein was operating a Po OS. eme, through his firm. RRA, and through TD Bank.

656. In furtherance of the Ponzi scheme Onyx through Szf 's knowingly material false statements and representations, including, but It to. verifying false hank statements and deal documents.

A representations, 657. Onyx. through Szfranski, mitten degs" S,•orback to act on its knowingly false¶

658. Razorback justifiably Onyx's. through Szfranski's, representations to its detriment.

659. As a di and pt ximate result of Onyx's, made through Szfranski's, false representations. Rat. back s sustained damages.

WHE •, AZORBACK FUNDING I.I.C. rattles's judgment against ONYX CAP1T L TMENT. for compensatory damages. together with court costs and such further relie the Court deems proper.¶

COUNT 76 - FRAUDULENT MISREPRESENTATION (against Berenfeld Spritzer Sheehter Sheer, LLP)¶

660. Plaintiff incorporates the allegations contained in pargraphs I through 121 as if restated herein.

661. This is a claim for fraudulent misrepresentation.

662. As described more fully above. Rothstein was operating a Ponzi scheme through his firm. RRA, and through TD Bank.

663. In furtherance of the Ponzi scheme, Berenfeld knowingly made material false statements and representations including, but not limited to. providing false audit. intents relating to Banyon and RRA.

664. Berenfeld intended Razorback to act on its knowingly I sis 0 ntations.

665. Razorback justifiably relied upon Berenfeld's representaliontito its detriment.

666. As a direct and proximate result of Bennie 's statements, Razorback has sustained damages.

A\ WHEREFORE. RAZORBACK FUN BERENFELD SPRITZER SHECHTER S . for compensatory damages. together with court costs and such further relief as eons rum. LLC, requests judgment against¶

Qtiff inco rates the alienations c ntined in an a' throu h 121 as restated he¶

(JAUNT 77 - NEGLIGENT MISREPRESENTATION (against Spinosal¶

668. This is a claim for negligent misrenresentation.

669. As described more fully above, Rothstein was operating a Ponzi scheme through his firm. RRA.and through TD Bank.

lustained damages. 675. As a direct and proximate result\ f a's false statements. Razorback has¶

WHEREFORE. RAZORBAC SPINOSA for compensatory d Court deems proper. G. LLC, requests judgment against A. tether with court costs and such further relief as the¶

Amended Complaint¶

670. In furtherance of the Ponzi scheme. Spinosa made material false statements and representations including. hut not limited to. supplying investors with false bank account statements and misleading and untrue written assurances concerning the settlement accounts.

671. When making the false statements and representations. Spinosa either knew or reasonably should have known that they were false.

672. 5pinosa owed Razorback a duty of care because he knew or h son to know that Razorback was placing trust and confidence in him and relying on rm it.

673. Spinosa breached his duty to Razorback by making fa1ke tesentations with the intention that Razorback rely on them.

674. Razorback justifiably relied upon Sul .ntations to its detriment.

T X Xr178 - NEGLIGENT MISREPRESENTATION (against Jennifer Kerstetter)¶

,.. 67 . 0 i.IL. tiff incorporates the allegations contaings, in paragraphs I through 447121 as if restated h i¶

677. This is a claim for negligent misrepresentation.

678. As described more fully above. Rothstein was operating a Ponzi scheme through his firm, RRA. and through TD Bank,

restated herein. 1054. Plaintiff incorporates the allegations contained in paragraphs I through A,._I as if c3s-¶

1055. This is a claim for aiding and abetting conversion.

1056. As described more fully above, the deals in whi and Rothstein was operating a Ponzi scheme through hi ii chuck invested were bogus and through TD Bank. In furtherance of the Ponzi scheme. Rothstein exerci.se a orized dominion and control over the property of Razorback when he abscon $32,000,000.00 in funds.

WHEREFORE. RAZORBACK FUNDING. LLC, requests judgment against judgment against ONYX CAPITA!. MANAGEMENT for compensatory datnagcs, together with court costs and such further relief as the Court deems proper.¶

COUNT 131 - AIDING AND ABETTING CONVERSION (against Berenfeld Spritzer Shechter Sheer, LLP)¶

1057. Rothstein's conversion 'tack's funds has permanently deprived Razorback of its property.

1058. Based upon Roths hving initially fled the country after emptying out the trust accounts. any attempts by ack to make demand upon him for the return of its properly would be futile.

105 bid actively assisted, and provided substantial assistance. to Rothstein in either to ran v or permanently depriving Razorback of its property by providing false auditing documents relating to Banyon and RRA and by deceiving Razorback into turning its property over to Rothstein under false pretenses,¶

1060. percnfeld's actions have directly caused injury and damages to Razorback.

WHEREFORE, RAZORBACK FUNDING, 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 132 - NEGLIGENT SUPERVISION
(against TD Bank, N.A.)¶

1061. Plaintiff incorporates the allegations contained in paragraphs 1 through 407121 as if restated herein.

1062. This is a claim for negligent supervision.

1063. As described more fully above, Spinosa, Kerstetter, and Caretsky participated, with actual or constructive knowledge, in Rothstein's Ponzi scheme. Spinosa's, Kerstetter's, and Caretsky's participation included, but was not limited to, providing the Razorback with false information concerning the amounts deposited in RRA trust accounts and supplying investors with misleading and untrue written assurances concerning the settlement accounts.

1064. In reliance on Spinosa's, Kerstetter's, and Caretsky's representations, on October 2, 2009, Razorback began sending payments to RRA's account at TD Bank, eventually funding a total of $32,000,000.00.

1065. Razorback's reliance on Spinosa's, Kerstetter's, and Caretsky's representations was reasonable and justified.

1066. TD Bank owed a duty to Razorback 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 raided by Rothstein.

Amendssl.Complaint¶

1067. TD Bank breached its duties to Razorback because it had actual or constructive notice that its assistant manager and assistant vice president and branch manner 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.

1068. As a direct and proximate result of ID Bank's failure to inveeszi4M or take corrective action against S.pinosa, Kerstetter, or Caretsky, Razorback has sus • I R mages. i % n

WHEREFORE. RAZORBACK FUNDING, I .LC, requests judo tie • g• ) st TD BANK N.A., for compensatory damages. together with court costs and s ch tl het relief as the Court deems proper.¶

I'S )¶

COUNT 17%44133 - FRAUDULENT MISREPRESENTATION (against Scott Rothstein)¶

1069. Plaintiff incorporates the allegations contained in nanutraplls 1 through +OM! us if restated herein.

1070. This is a claim for fraudulent misrepresentation.

1071. As d ribed or full ithst i was o ratin a his firm, RRA, and through I'D Bank.

1072. In furtherance of the Ponzi scheme, Rothstein knowi at_ material false statements and representations. including but no limited to fling that the settlement agreements purchased by investors were real, that the M eq fully funded, and that they would be paid out to investors over a pred tcrmined

1073. Rothstein intended D3 to act o 'Italy false representations.

1074. D3 justifiably relied upon lean s representations to its detriment.

1075. As a direct and pro ult of Rgthstein's false statements. D3 has sustained damages.

WHEREFORE. D ITAL CLUB, LLC. requests judgment against SCOTT ROTHSTEIN for t. nsatory damages, together with court costs and such further relief as the¶

COUNT 1-N411134 - FRAUD L'ENT MISREPRESENTATION (against Spinosa)¶

1076. Plaintiff incorporates the allegations contained in paragraphs 1 through 444;121 as if restated herein.

1077. This is a claim for fraudulent misrepresentation.

1078. As described snore fully above, Rothstein was operating a Ponzi scheme through his firm, RRA, and through ID Bank.

1079. In furtherance of the Ponzi scheme. Spinosa knowingly made material false statements and representations including, but not limited to, supplying investors with false bank account statements and misleading and untrue written assurances concerning I Klement accounts.

1080. Spinosa intended D3 to act on I is knowinal false re. es

1081. D3 justifiably relied upon Spi • s 's representation ment.

1082. As a direct and proximate result of Spinosa' 'silents, D3 has sustained damages.

WHEREFORE. D3 CAPITAL CLUB. quests judgment against IA. SPINOSA for compensatory damages. to t court costs and such further relief as the Court deems proper.¶

COUNT 1,1X135..-1- 4/FR I./LENT MISREPRESENTATION (against Jennifer Kerstetter)¶

1083. Plaintiff inc t tes the allegations contained in paragraphs I through 144121 as if restated herein, (S,

1 a claim for fraudulent misrepresentation.¶

s described more fully above. Rothstein was operating a Ponzi scheme through his linn. RRA, and through TD Bank.¶

1086. In furtherance of the Ponzi scheme. Kerstetter knowingly made material false statements and representations including, but not limited to. supplying investors with false bank account statements.

1087. Kerstetter intended D3 to act on her knowingly false representations. 1088. O3 justifiably relied upon Kerstetter's representations to its detriment. 1089. Asa direct and proxitnate result of Kerstetter's false statements. D3 has sustained

damages.¶

WHEREFORE. 1)3 CAPITAL CLUB. I.LC, retwests judgment again NIFER KERSTETTER for compensatory damages, together with court costs and s her relief as the Court deems proper. 0¶

COUNT IA 136 - FRAUDULENT MISREPRE 'N C ATION y<5 (against Roseanne Caretsk 1090. Plaintiff incorporates the allegations cont. ' t4a air I through 11C121 as if restated herein. 1091. This is a claim for fraudulent ation. 1092. As described more fully a Ro stei was operating a Ponzi scheme through his and ID B 1093. In furtherance o onzi scheme. Camay knowingly made material false statements and mpresental -hiding, but not limited to. supplying investors with false bank account statements( 1 y intended D3 to act on her knowingly false representations. us bl relied u n Caretsk 's re resentations o its detriment 1096. As a direct and proximate result of Caraskyis false statements. D3 has sustained damages.¶

as an assistant manager of TD Bank. 1100. At all times material hereto, Kerstett °cC w Na int • a in the scope of her employment¶

WHEREFORE, D3 CAPITAL CLUB. LLC. requests judgment against ROSEANNE CARETSKY for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 14;1137 - FRAUDULENT MISREPRESENTATION (against TD Bank. N.A.)¶

1097. Plaintiff incorporates the allegations contained in paragraphs t tlyough 121 as if restated herein.

1098. This is a claim for fraudulent misrepresentation.

1099. At all times material hereto. Spinosa was acting Regional Vice President of T.D. Bank. C opt' of his employment as

1100. At all times material he aretskv was acting in the scope of her employment as an assistant vice president and b ger of TD Bank.

1101. Lis described mor above. Rothstein was operating a Ponzi scheme through his firm. RRA, and through k.

1102. In f r ance of the Ponzi scheme, 'ID Bank, through Spinosa. Kerstetter. and Caretsky m made material false statements and representations including, but not limited to ving investors with false bank account statements and supplying investors with misleading and untrue written assurances concemina the settlement accounts.

1103. TD Bank, through Spinosa. Kerstetter, and Caretsky intended O3 to act on their knowingly false representations.

1104. D3 justifiably relied upon TD Bank's through Spinosa's, Kerstetter's, and Caretsky's representations to its detriment.

1105. As a direct and proximate result of TD Bank's, made through Spinosa's Kerstetter's, and Caretsky's 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 further relief as the Court deems proper.¶

COUNT LXH- NEGLIGENT 138 - FRAUDULENT MISREPRESENTATION
(against Frank Spinosa George G. Levin)¶

1107. Plaintiff incorporates the allegations contained in paragraphs 1 through 407121 as if restated herein.

1108. This is a claim for fraudulent misrepresentation.

1109. As described more fully above, Rothstein was operating a Ponzi scheme through his firm, RRA, and through TD Bank.

1110. In furtherance of the Ponzi scheme, Levin knowingly made material false statements and representations including, but not limited to, representing that the settlement agreements purchased by investors were real, that they had been fully funded, and that they would be paid out to investors over a predetermined schedule.

1111. Levin intended D3 to act on his knowingly false representations.

1112. D3 justifiably relied upon Levin's representations to its detriment.

1113. As a direct and proximate result of Levin's false statements, D3 has sustained damages.

WHEREFORE. D3 CAPITAL CLUB. LLC, requests judgment against LEVIN for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 139 - FRAUDU ENT MISREPRESENTATION tagainst Preve)¶

1114. Plaintiff incorporates the allegations contained in paragraphs I h 1 as if restated herein.

1115. This is a claim for fraudulent misrepresentation.

1116. As described more fully above, Rothstein was er. C.) g a Ponzi scheme through his firm, RRA, and through TD Bank.

1117. In furtherance of the Ponzi sche knowingly made material false statements and representations including. b ted to, representing that the settlement agreements purchased by investors we th t they had been fully funded. and that they would be paid out to investors ove 'nett schedule.

1118. Preve intended D o is knowingly false representations.

1119. Di juslifiab upon Preve's representations to their detriment.

1120. As t and proximate result of Preve's false statements, D3 has sustained damages. 0

FORE. D3 CAPITAL CLUB, 11.C, requests judgment against PREVE for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 140 - FRAUDULENT MISREPRESENTATION (against Banvon Income Fund. LP. and Banvon USVI, LLCJ¶

1121. Plaintiff incorporates the allegations contained in paragraphs I through 1 2 1 as it restated herein.

1122. This is a claim ftw fraudulent mismpresentation.

1123. At all times material hereto. Levin was acting in the scope of hj the chief executive officer of Banvon USVI and SW.

1124. At all times material hereto. Preve was acting in the pe o his employment as the chief operating officer or agent of Ranyon USVI and SW.

1125. M described more fully above. Rothstei .4 ting a Ponzi scheme through his firm, RRA, and through TD Bank.

1126. In furtherance of the Ponzi nvon USVI and RIF. through Levin and Preve. knowingly made material false e i ins and representations including. hut not limited to. representing that the settleme been fully funded. and that they is purchased by investors were real. that they had he paid out to investors over a predetermined schedule.

1127. Banyon US knowingly false ntations. BW. through Levin and Preve. intended D3 to act on their

Afm. Il % ,. stifiably relied upon Banyon USVI's and BIF's, through Levin's and Peeve's, sentations to their detriment.¶

1129. As a direct and proximate result of Sanyo," USVI's and IMF's, made through Levin's and Preve's. false statements and representations. D3 has sustained damages.

WHEREFORE, D3 CAPITAL CLUB. LLC. requests ititIgment against BANYON INCOME FUND, LP. and BANYON USVI, LLC., for compensatory damages, together with court costs arul such further relief as the Court deems proper.¶

COUNT 141 - FRAUDULENT MISREPRESENTATION (against Michael Szfranski)¶

y_AS 1130. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein.¶

1131. This is a claim for fraudulent misrepresentation,

i 132. As described more fully above. Rothstein was V ' g a Ponzi scheme through his firm, RRA, and through TD Bank.¶

1133. In furtherance of the Ponzi sche statements and representations including. but t IiTihje3 to, verifying false bank statements and deal documents. "S ) S fr. •ki knowingly made material false t n his knowingly false representations.

1134. Szfranski intended

1135. D3 justifiably ref n Szfranski's renresentations to its detriment.

1136. As &direct t om ximate result of Szfranski's false statements, D3 has sustained damages.

FO E. D3 CAPITAL CLUB. LLC. requests judgment against MICHAEL SZFRA r compensatory damages, together with court (Lusts and such further relief as the Court deems Proper.¶

COUNT 142 - FRAUDULENT MISREPRESENTATION (against Onyx Capital Management)¶

1137. Plaintiff incorporates the allegations contained in paragraphs I thmugh 121 as if restated herein.

1138. This is a claim for fraudulent misrepresentation.

1139. times aterial hereto Szf w s tine, in the a' employment as president of Onyx.

1140. As described more fully above, Rothstein was operati nzi scheme through his firm. RRA. and through TD Bank. czfranski. knowingly material

1141. is furtherance of the Ponzi scheme. O false statements and representations. including Atu nay limited to, verifying false bank statements and deal documents.

1142. Onyx, through Szfran Sint dftl P3 to act on its knowingly false representations.

AS ) 1143. D3 justifiably rc 1 JDon Onyx's. through Szininski's. representations to its detriment,¶

'I ll'IV 1144. Asa ect and proximate result of Onyx's, made through Szfrariskrs. false represental as sustained damages.¶

~EREFORE. O3 CAPITAL CLUB. LW. requests judgment against ONYX CAPITAL MANAGEMENT. for compensatory damages. together with court costs and such further relief as the Court deems pro_per.¶

COUNT 143 - FRAUDULENT MISREPRESENTATION (against Berenfeld Spritzer Shechter Sheer, LLP)¶

1 145. Plaintiff incorporates the allegations contained inparagrap s I through 121 as if restated herein.¶

1146. This is a claim for fraudulent misrepresentation.

1147. As described more fully above, Rothstein was operating a Ponzjemelthrough RRA, and through TD Bank.

1148. In furtherance of the Ponzi scheme, Berenfeld know ade material false statements and representations including, but not limited top false auditing documents relating to Banvon and RRA.

1149. Berenfeld intended D3 to act on its al se representations.

1150. D3 justifiably relied upon Bere Presentations to its detriment.

1151. As a direct and proximal It of erenfeld's false statements, D3 has sustained damages.

WH±43,Ef RE. CLUB. LI.C. requests lodgment against BERENFELD SPRITZER SIIECHTER S LIP. for compensatory damages, together with court costs and such further relief s Court deems prover.¶

O iDUNT 144 - NEGLIGENT MISREPRESENTATION (against.. Spinosa}¶

1152Y Plaintiff incorporates the allegations contained in paragraphs I through 121 as it restated herein.¶

1153. This is a claim for negligent misrepresentation.

1154. As described more fully above. Rothstein was operating a Ponzi scheme through his firm, RRA and_through TD Bank.

1155. In furtherance of the Ponzi scheme. Spinosa made material false statements and representations including. but not limited to. supplying investors with false bank account 4 statements and misleading and untrue written assurances concerning the settlemenuicc

'S 1156. When making the false statements and representations. kS ⁱos thcr knew or reasonably should have known that they were false.¶

1157. Spinosa owed D3 a duty of care because he_ knew or h son to know that D3 was placing trust and confidence in him and relying on him

1158. Spinosa breached his duty to D3 false representations with the imention that D3 rely on them.

1159. D3 justifiably relied upon S 'presentations to its detriment

1160. As a direct and pros' e u of pinosa's false statements, D3 has sustained damages.

WHEREFORE. 3 CAP AL CLUB, 1.LC. requests judgment against ea, SPINOSA for corn ( sato damages, together withcourt costs and such further relief as the Court deems¶

UNT LXII4145 - NE .LIGENT MISREPRESENTATION (against Jennifer Kerstetter)¶

1161. Plaintiff incorporates the allegations contained in paragraphs I through 44)7121 as if restated herein.

1162. This is a claim for negligent misrepresentation.

1163. As described more fully above. Rothstein was operating a Ponzi scheme thirou.sh his firm. RRA, and through TDBank.

1164. 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.

A 1165. When making the false statements and representations. Kers 0 c fit S ether or reasonably should have known that they were false.¶

1166. Kerstetter owed O3 a duty of care because she k reason to know that O3 was placing trust and confidence in her and relying on t i fo it

1167. Kerstetter breached her duty to D false representations with the intention that Razorback rely on them.

1168. D3 justifiably relied upon tel s representations to their detriment,

1169. As a direct and proxi la e of Kerstetter's false statements. D3 has sustained damages.

WHEREFORE, CAP AL CLUB, VIC. reuuests judgment against JENNIFER KERSTETTER for ( c mpe r o y damages. together with court costs and such further relief as the Court deene¶

'.'OUNT LX1V)46 - NEGLIGENT MISREPRESENTATION (against Roseanne Caretskyl¶

1170. Plaintiff incorporates the allegations contained in paragraphs I through -114.711I as if restated herein.

1171 This is a claim for negligent misrepresentation.¶

1172. As described more fully above, Rothstein was operating_a Ponzi scheme through his tirm, RRA, and through TD Bank.

1173. In furtherance of the Ponzi scheme. Caretsky made material false statements and representations including, but not limited to, supplying investors with false bank account statements.

4 1 1174. When making the false statements and representations. Ke actutter, knew or reasonably should have known that they were false.¶

1175. Caretsky owed D3 a duty of care because she knew or anon to know that D3 was placing trust and confidence in her and relying on her t

1176. Carctsky breached her duty to D3 false representations with the intention that D3 rely on them.

1177. D3 justifiably relied upon C Itt,'. representations to their detriment.

1178. As a direct and proxi A dainages. sf Caretskv's false statements. D3 has sustained

WHEREFORE, 173 CA L CLUB, 1.I.C, reuttests judgment against ROSEANNE CARETSKY for c nsa ry damages. together with court costs and such further relief as the Court deems¶

UNT 1.M.-147 - NEGLIGENT MISREPRESENTATION (against TD Bank. N.A.)¶

1179. Plaintiff incorporates the allegations contained in paragraphs I through 147121 as if restated herein.

1180. This is a claim for negligent misrepresentation.

1181. At all times material hereto. Spinosa was acting in the scope of his employment as Regional Vice President of T.D. Bank.

1182. Al all times material hereto. Kerstetter was acting in the scope of her emolument as an assistant manager of TD Dank.

1183. At all times material hereto. Caretsky was acting in the scope of h loyment as an assistant vice president and branch manager of TD Bank.

1184. As described more fully above, Rothstein was operating heme through his firm. RRA, and through TD Bank.

1185. In furtherance of the Ponzi scheme, TD B _II Spinosa, Kerstetter. and Caretsky made material false statements and repro including, but not limited to, showing, investors false statements of the ar t3y1t RRA trust iccounts and providing misleading and untrue written assurances c er the settlement accounts.. "4 ......f

tements 1186. When making the A<f oit) and representations. TD Bank, through Spinosa, Kerstetter, and Caretsld cub, new or reasonably should have known that they were [Ala¶

1187. TD k ow I t D3 a duty of care because it knew or had reason to know that D3 was niacing tr fidenee in her and retying on it to inform them.

nk bre ched s dut b itakin fal re men h Spinosa. Ke letter, and Caretskv. with the intention that D3 rely on them.¶

1189. D3 justifiably relied upon TD Bank's, through Spinosa's, Kerstetter's, and Caretsky's, representations to its detriment.

nmataL. WHEREFORE. 1)3 CAPITAL CLUB. LIC, requests judgment against TD BANK. N.An for compensatory damages, together with court costs and such further relief as the Court deems A¶

1190. As a direct and proximate result of TI) Bank's representations, made throwth Spinosa. Kerstetter. and Carctsky D3 has sustained damages.

COUN:11-1-AVI--AIDING- AND A BC:ITING-KR-liACH 014:411-WGIt "iv COUNT 148 - NEGLIGENT MISREPRESENTATI (against 14-tink-SpitiosaGeorge G. Levin)¶

1191. Plaintiff incorporates the allegations contained i raphs I through 447121 as if restated herein.

1192. This is a claim for n_e_gligent misrepr n • tt .

1193. As described more fully abov his firm, RRA. and through TD Bank. was gating a Ponzi scheme through

1194. In furtherance of heme. Lein made material false statements and representations including, but t t 'mitred to. representing that the settlement agreements purchased by investors w I, that they had been fully funded, and that they would be paid out to investors o redetermined schedule.

119 making the false statements and representations. Levin either knew or reasona s t d have known that they were false.¶

1196. Levin 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.

1197. Levin breached his duty to D3 by making false representations with the intention that D3 rely on them.

1198. D3 justifiably relied upon Levin's representations to its detriment.

1199. As a direct and proximate result of Levin's false statements. D3 has sustained damages.

WHEREFORE, D3 CAPITAL CLUB, LLC. requests judgment against J..EVIN for compensatorY damages, together with court costs and such further relic he Court deems proper,¶

iS¶

COUNT 149 - NEGLIGENT MISREPRFSENTATI 4ON (against Preve)¶

1200. Plaintiff incorporates the allegations contained ' - graphs I through 121 as if restated herein.

1201. 'This is a claim for negligent misrep n it

1202. As described more fully abov 'Sky was operating a Ponzi scheme through his firm. RRA, and through TD Bank.

1203. In furtherance of t Ccheme, Preve made material false statements and representations including, but of mited to, representing that the settlement agreements purchased by investors w, that they had been fully funded, and that they would be paid out to investors o rede ermined schedule.

1 making the false statements and representations. Preve either knew or reasons d have known that they were false.¶

1205. Preve owed D3 a duty of care because he knew or had reason to know that D3 was placing trust and confidence in hint and relying on him to inform them.

1206. Preve breached his duty to D3 by making false representations with the intention that D3 rely on them.

1207. D3 justifiably relied upon Preve's representations to its detriment.

1208. As a direct and proximate result of_Preve's false statements. 1)3 has sustained damages.

WHEREFORE. D3 CAPITAL CLUB, LLC. requests judgment against for compensatory damages. together with court costs and such further relief as th t deems proper. PREVE¶

COUNT 150 - NEGLIGENT MISREPRESENT (against Banvon Income Fund, LP, and Banvon U. VI¶

1209. Plaintiff incovorates the allegations contained graphs I through 121 as if restated herein.

1210. This is a claim for negligent misrepr

1211. At all times material hereto. the chief executive officer of Baryon US acting in the scope of his employment as

1212. At all times mater ye was acting in the scow of his employment as the chief operating officer or aget anvon USVI and BIF.

1213. As_descri fully above. Rothstein was operating a Ponzi scheme through h's firm, RRA. aI eh TD Bank.

1214. herance of the Ponzi scheme. Sanyo, IJSVI and BEE through Levin and Preve, Aerial false statements and representations including but not limited to, renresenting that the settlement agreements purchased yb investors were real, that they had been fully funded. and that they would be paidout to investors over a predetermined schedule.

1215. When making the false statements and representations. Banyan USV1 and BIF. through Levin and Preve. either knew or reasonably should have known that they were false.

Prtve's, representations to its detriment. 1218. D3 justifiably relied upon Banvon USVI's and BIF-s. throu s e i and¶

1219. As a direct and proximate result of Banvon USVI's made through Levin and Preve D3 has sustained damages. Fa r presentations

WHEREFORE. D3 CAPITAL CLUB. LLC. INCOME FUND, LP. and BANYON USVI. LLC.. t oltyle.~njatory damages. together with court costs and such further relief as the Court dews gment atainst BANYON¶

COUNT 151 - NEGLIG r I REPRESENTATION lataineticha Szfranski)¶

1220. Plaintiff incorpo 1 ations contained in paragraphs I through 121 as if restated herein.

1221. Banyan USVI and BB' owed D3 a duty of care because it knew or had reason to know that D3 was placing trust and confidence in it and relying on it to inform them.

1222. Danvon USVI and BIF breached its duty to D3 by makingfalse representations, through Levin and Breve, with the intention that D3 rely on them.

1223. This is a claim for negligent misrepresentation.

1224. AsA ribed more fully above. Rothstein was operating a Ponzi scheme through his firm, rough TD Bank.

furtherance the P nzi scheme Sz anski made materiel false statements an representations including, but not limited to. verifying false bank statements and deal documents.¶

1224. When making the false statements and representation.. Szfranski either knew or reasonably should have known that they were false.

1225. Szfranski owed D3 a duty of care because he knew or had reason to know that, as an independent verifier. D3 was placing trust and confidence in him and relying on him to inform them.

1226. Szfranski breached his duty to O3 by making false representations with the intention that D3 rely on them.

1227. O3 justifiably relief upon Szfranski's representations to its

1228. As a direct and proximate result of Szfranski's false sta 3 has sustained damages.

WHEREFORE, D3 CAPITAL CLUB, LLC, req tent against MICHAEL. SZFRANSKI for compensatory damages. together withis u ats and such further relief as the Court deems proper.¶

COUNT 152 - NEGL1GI REPRESENTATION (against O 1 Management)¶

1229. Plaintiff incorpor restated herein, lions contained in paragraphs 1 through 121 as if

1230. This is a cl negligent misrepresentation.

1231. At as res material hereto, Szfranski was acting in the scope of his employment

s described more fully above. Rothstein was operating a Ponzi scheme through his firm, RRA, and through TO Bank.¶

1233. In furtherance of the Ponzi scheme, Onyx. through Szfranski. made material false statements and representations, including. but not limited to, verifying false hank statements and deal documents.

1234. When making, the false statements and representations. Onyx, through Szfranski either knew or reasonably should have known that they were false.

1235. Onyx owed D3 a duty of care liecause it knew or had reason to knew that, as an independent verifier. D3 was placing trust and confidence in it and relying on Onyx to inform it.

1236. Onyx breached its duty to D3 by making false representations, throurah zfranski, with the intention that D3 rely on them.

AS" 1237. 133 justifiably relied upon Onyx's, through Szfransr entations to its detriment.¶

1238. As a direct and proximate result of On sentations, made through Szfranski. D3 has sustained damages.

WHEREFORE. D3 CAPITAL cLU requests judgment against ONYX CAPITAL MANAGEMENT for compen.p or mages, together with court costs and such further relief as the Court deems pro¶

COUNT 153CNEGLIGENT MISREPRESENTATION (against Bejenfeld Spritzer Shechter Sheer, LLP)¶

1239. Plaintiff inetrates the allegations contained in Paragraphs I through 121 as if restated herein.

1 s a claim for negligent misrepresentation.¶

As described more fully above, Rothstein was operating a Ponzi scheme through his firm. RRA, and through TD Bank.¶

1242. In furtherance of the Ponzi scheme. Berenfeld made material false statements and representations including. but not limited to, providing false auditing documents relating to Banvon and RRA.

1243. When making the false statements and representations. Berenfeld either knew or reasonably should have known that they were false.

1244. Berenfeld owed D3 a duty of care because it knew or had reason to know that, as an independent auditor, D3 was placing trust_and confidence in it and relying on it to inform the&

1245. Berenfeld breached its duty to D3 by making false rep) t't. .,tions with the 0 intention that D3 rely on them.

1246. p3 justifiably retied upon Berenfeld's representation detriment.

1247. As a direct andproximate result of Beren statements. D3 has sustained damages,

WHEREFORE. D3 CAPITAL CLU renuests judgment against BERENFELD SPRITZER SHECHTER SHEER. LLP. f such further relief as the Court dee \ n. story damages. together with court costs and¶

COUNT 154 - AIDIN ANMBETTING BREACH OF FIDUCIARY DUTY against Spinosa)¶

1248. Plaintiff pvrates the allegations contained in paragraphs I through 121 as if restated herein,

G_ 1 - is a claim for aiding and abetting breach of fiduciary duty.¶

Spinosa was aware that as trustee of the attorney trust account where D3's purported settlement funds were deposit, Rothstein had fiduciary duties of honesty. loyalty, and care to D3. Spinosa was also aware that 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.¶

1251. $pinosa was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to D3.

1252. aoinosa actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty,

1253. Spinosa's actions have directly caused injury and damage to D3.

WHEREFORE. D3 CAPITA!. CLUB, LLC, requests judgment a SPINOSA for compensatory damages. together with court costsjnd fu er relief as the Court deems proper.¶

COUNT bX4:11155 - AIDING AND ARMING •BR1b1 ' FIDUCIARY DUTY inainst Jennifer Ken.¶

1254. Plaintiff incorporates the allegation. ) in paragraphs 1 through 4 07 I 2 I as if restated herein,

1255. This is a claim for S in • bett g breach of fiduciary duty. ?S

1256. Kerstetter was aw n f trustee of_the attorney trust account where D3's purported settlement funds we de sited, Rothstein had fiduciary duties of honesty. loyalty, and care to D3. Kerstette so aware that as trustee of the attorney trust account containing the funds to whic had an exclusive right to collect in the near future, Rothstein had fiduciary duties of ti yalty. and care to D3.

Kerstetter was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to D3.¶

1258. Kerstetter actively assisted. and provided substantial assistance, to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty,

1259. Kerstetter's actions have directly caused injury and damage to D3.

WHEREFORE. D3 CAPITAL CLUB. LIC. reqpgsts judgment against JENNIFER KERSTETTER for compensatory damages, together with court costs and such further relief as the Court deems prover.¶

COUNTIAN:4MM - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against Roseanne Caretsky)¶

(260. PI intif in wr.tes th all ation. ontain ra h 121 as if restated herein.¶

1261. This is a claim for aiding and abetting breach of fiducipb duty.

1262. Caretsky was aware that as trustee of the attorney trust account where DI's purported settlement funds were deposited. Rothstein h y duties of honesty. loyalty, and care to D3. Caretsky was also aware that as u e attorney trust account containing the hinds to which D3 had an exclusive right the near future, Rothstein had fiduciary duties of honesty. loyalty, and care to D

1263. Caretsky was awar detriment, and was aware that hs n was breaching his fiduciary obligations to D3. ein was financially exploiting the investors to their

1264. Caretsky a assisted, and provided substantial assistance. to Rothstein in his financial exploita I D3 and his breaches of fiduciary duty.

126 kv's actions have directly caused injury and damage to D3.¶

FORE. 1)3 CAPITAL CLUB, LLC. requests judgment against ROSEANNE CARETSKY for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT InNIX-157 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against TD Bank. N.A.1¶

1266. Plaintiff incorporates the allegations contained in paragraphs 1 through 444712 I as if restated herein.

1267. This is a claim for aiding and abetting breach of fiduciary duty,

1268. At all times material hereto Spinosa was acting in the scope of hy prpllmcnt as Regional Vice President of TD Rank.

1269. At all times material hereto. Kerstetter was acting in t as an assistant manager of TD Bank. her employment

1270. At all times material hereto. Caretsky wa V g i he scope of her employment as an assistant vice president and branch manager o It'

1271. TD Bank was aware that as St ky the attorney trust account where D3's purported settlement funds were depos. Rothstein had fiduciary duties of honesty, loyalty, and care to 133. TD Bank was al. l as trustee of the attorney trust account containing the funds to which D3 had an e usi e right to collect in the near future. Rothstein had fiduciary duties of honesty. loyalty. e to D3.

1272. T nk was await that Rothstein was financially exploiting the investo ,. to their detrime as aware that Rothstein was breaching his fiduciary obligations to D3.

D Bank, through its employees acting within the scope of their employment actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of P3 and his breaches of fiduciary duty.¶

1274. TD Bank's actions have directly caused injury and damage to 133.

WHEREFORE, D3 CAPITAL CLUB, LLC, requests judgment against TD BANK. N.A., for compensatory damages, together with court cost. and such further relief as the Court deems proper.¶

L.',OS1.-X-X158 - AIDIN AND AB ' I G BREA 'H OF F UCIARY DU' (aeainst Debra¶

1275. Plaintiff incorporates the allegations contained in paragraphs 1 eh 121 as if restated herein.

( ^{A O}1276. This is a claim for aiding and abetting breach of tiduci¶

1277. was aware that as trustee of the a s, trust account where D3's purported settlement funds were deposited. Rothstein at jduij. _y duties of honesty. loyalty, and care to D3. was also aware that as tnIlcy,o e attorney trust account containing the funds to which D3 had an exclusive right n the near future. Rothstein had fiduciary duties of honesty. loyalty, and care to D

1278. was aw stein was financially exploiting the investors to their detriment, and was aware that R was breaching his fiduciary obligations to D3.

1279. *sted. and provided substantial assistance. to Rothstein in his financial eisploit D3 and his breaches of fiduciary duty.

1 s's actions have directly caused injury and damage to D3.¶

FORE. D3 CAPITAL CLUB. LLC, requests judgment against DEBRA for compensatory damages, together with court costs and such further relief as the Court d 'ems proper.¶

COUNTLXX1159 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against Irene Stay)¶

1281. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein.

1282. This is a claim for aiding and abetting breach of fiduciary duty.

1283. Stay was aware that as trustee of the attorney trust account whe —Thrported settlement funds were deposited. Rothstein had fiduciary duties of honest . and care to D3. Stay was also aware that as trustee of the attorney trust acco ming the funds to which D3 had an exclusive right to collect in the near future in had fiduciary duties of honesty, loyalty, and care to D3.

1284. Stay was aware that Rothstein was nytc Iv exnloitiqg the investors to their detriment, and was aware that Rothstein was s fiduciary obligations to 1)3.

1285. Stay actively assisted. rovid6d substantial assistance. to Rothstein in his financial exploitation of D3 and hik c of fiduciary duty.

1286. Stay's actions ha i ctly caused injury and damage to 1)3

WHEREFORE, D3 ITAL CLUB. LW, requests judgment against IRENE STAY for compensatory da nic a ,,,ss,/together with court costs and such further relief as the Court deems proper.¶

CO 160 - AIDING AND ABFITI G BREACH OF FID CIARY DUTY (against G Levin)¶

1287. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein.

1288. This is a claim for aiding and abetting breach of fiduciary duty,

1289. Levin was aware that_ as trustee of the attorney trust accounts where Di's purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty, and care lo 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 fiduciary duties of honesty, loyalty and care to D3.

4' 1290. Levin was aware that Rothstein was financially exploiting the l i stors e to Mei' detriment. and was aware that Rothstein was breaching his fiduciary o itg • a• D3.¶

1291. Levin actively assisted, and provided substantial ikace). to Rothstein in his financial exploitation of D3 and his breaches of fiduciary du

1292. Levin's actions have directly caused in' mage to O3.

WHEREFORE, D3 CAPITAL CLUB. uests judgment against a LEVIN for compensatory damages, togct ourt costs and such further relief as the Court deems proper.¶

COUNT I6L- AIDIN AND ETTIN_SBREACH OF FIDUCIARY DUTY sainst = Prevel¶

1293. Plaintiff in tes the allegations contained in paragraphs I through 121 as if restated herein.

12 is a claim for aiding and abetting breach of fiduciary_dutv.¶

1 5. ve was aware that as trustee of the attorney trust accounts where O3's purported settlement funds were deposited. Rothstein had fiduciary duties of honesty. loyalty., and care to D3. Preve 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 fiduciary duties of honesty, loyalty, and care to O3.¶

1296. Preve was aware that Rothstein was financially exploitine the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to D3.

1297. preve actively assisted, and provided substantial assistance. to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty.

1298. Preve's actions have directly caused injury and damage to D3.

WHEREFORE. D3 CAPITAL CLUB. 1.LC, requests iudement agar' . PREVE for compensatory damages, together with court cogs and such lurch proper. )• the Court deems¶

COUNT 162 - AIDING AND ABETTING BRE (against Banvon Income Fund. LP. QnY cl USVI. LLC) DUCIARY DUTY¶

1299. Plaintiff incorporates the allegatio in paragraphs I through 121 as if restated herein.

1300. This is a claim for aidin abc ing breach of fiduciary duty.

1301. At all times mate Levin was acting in the scone of his employment as the chief executive officer of U. BIF,

1302. At all tim nal heretosfreve was acting in the scope of his emnloyment as the chief operati corer agent of Banyon USVI and BIF.

1 on USVI and BIF were aware that as trustee of the attorney trust accounts where urported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty. and care to 133. Banyon USVI and BIF were also aware that as trustee of the attorney trust accounts containing the funds to which D3 had an exclusive right to collect in the new- future, Rothstein had fiduciary duties of honesty, loyalty, and care to 03.¶

exploitation of D3 and his breaches of fiduciary duty. 1305. Bannon USVI and B114, through its employees acting within the scope of their employment, actively assisted, and provided substantial assistance, to Rothstein i • • financial¶

1304. Banvon USVI and BIF were aware that Rothstein was financially exploiting the investors t their detriment, and were aware that Rothstein was breachino his fiduciary obligations to D3.

AS' 1306. Eanyon USVI's and Brs actions have directly caused init&ann4damage to D3. WHEREFORE D3 CAPITAL CLUB. LW requests judgment against BANYON INCOME FUND. LP, and BANYON USVI. LLC., for pin. court costs and such further relief as the Court deems ry damages. together with¶

COUNT 163 - AIDING AND ABETTI :ACII OF FIDUCIARY DUTY faaainst NI nski)¶

1307. Plaintiff incorporates restated herein. atio s contained in paragraphs 1 through 121 as if

1308. This is a claim f aid' g and abetting breach of fiduciary duty.

1309 Szfranski v are that as trustee of the attorney trust accounts where the D3's purported settle unds were deposited, Rothstein had fiduciary duties of honesty. lovaltv, and care tos nski was also aware that as trustee of the attorney trust accounts containing the fun uo ch O3 had an exclusive right to collect in the near future. Rothstein had fiduciary duties of honesty, loyalty, and care to D3.¶

1310. Szfranski was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to D3.

1311. Szfranski actively assisted. and provided substantial assistance, to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty,

1312. Szfranski's actions have directly caused injury and damage to D3.

WHEREFORE, D3 CAPITAL CLUB. LLC. requests requests judgment against MICHAEL SZFRANSKI for compensatory damages. together with court costs aad further Midas the Court deems proper.¶

COUNT 164 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against Onyx Capital Management).¶

1313. Plaintiff incorporates the allegations contain agthphs I through 121 as it restated herein.

1314. This is a claim for aiding and abettir 3lrt of fiduciary duty.

1315. At all times material heretoe s ir acting in the scope of his employment as president of Onyx.

1316. Onyx was awa * stee of the attorney trust accounts where 133's purponed settlement funds w g dcbosited, Rothstein had fiduciary duties of honesty, loyalty, and care to D3. Onyx w aware that as trustee of the attorney trust accounts containing the funds to which d an exclusive right to collect in the near future. Rothstein had fiduciary duties of Jlo oyalty, and care to D3.

Onyx was aware that Rothstein was financially exploiting the investors to their detriment, and was aware that Rothstein was breaching his fiduciary obligations to D3.¶

1318. Onyx, through its employees acting within the scone of their employment, actively assisted, and provided substantial assistance to Rothstein in his financial exploitation of D3 and his breaches of fiduciary duty.

1319. Onyx's actions have directly caused i jury and damage to D3.

WHEREFORE. 03 CAPITAL CLUB, 1.1C. requests requests _judgment against ONYX CAPITAL MANAGEMENT for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 165 - AIDING AND ABETTING BREACH OF FIDUCIARY (against Berenfeld Spritzer Sheenier Sheer, LLP)¶

1320. Plaintiff incorporates the allegations contained in /warp t. IByttgh 121 as if restated herein.

Ca..) 1321. This is a claim for aiding and abetting breach o V jay duty.¶

1322. Berenfeld was aware that as trustee of t v trust accounts where D3's pumorted settlement funds were deposited. Roths AS, duciary duties of honesty, loyalty, and care to D3. Berenfeld was also aware th c,4itvtt, of the attorney trust accounts containing the funds to which D3 had an exclusive t to • lea in the near future. Rothstein had fiduciary duties of honesty, loyalty, and car .

1323. Berenfeld was t at Rothstein was financially exploiting the investors IQ their detriment, and was z at Rothstein was breaching his fiduciary obligations to D3.

1324. B eld lively assisted, and provided substantial assistance, to Rothstein in his financial ation of D3 and his breaches of fiduciary duty.

Berenfeld's actions have directly caused injury and damage to D3.¶

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 166 - BREACH OF FIDUCIARY DUTY (altainst Scott Rothsteini¶

1326. Plaintiff incorporates the allegations contained in paragraphs I through 144121 as if restated herein.

1327. This is a claim for breach of fiduciary duty.

1328. As trustee of the attorney trust account where Drs purport Ieri ant funds were deposited. Rothstein had fiduciary duties of honesty. loyalty, and ca Additionally, as trustee of the attorney trust account containing the funds to which n exclusive right to collect in the near futures Rothstein had fiduciary duties of hot oyalty, and care to D3.

1329. Rothstein breached his fiduciary duties ¢vi iqa e R RA trust accounts for his personal use.

1330. Rothstein's actions have dire S c ., iniu ry and damages to D3.

WHEREFORE, D3 CAPITA IS LU ..., . I.LC, requests iudgment against SCOTT ROTHSTEIN for compensatory t gether with court costs and such further relief as the Court deems proner.¶

CO I-1167 — BREACH OF FIDUCIARY DUTY (against TD Bank, N.A.)¶

1331. ft hijtincorporates the allegations contained in paragraphs I through 14)7121 as if result

13 This is a claim for breach of fiduciary duty.¶

1333. At all times material hereto. Spinosa was acting in the scope of his employment us Regional Vice President of TD Bank.

1334. At all times material hereto, Kerstetter was acting in the scope of her employment as an assistant manager of TD Bank.

1335. 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.

1336. In Florida. a bank assumes a fiduciary duty with its custom u er special circumstances where the bank knows or has reason to know that the custom acing trust and p confidence in the hank and is relying on the hank to so counsel a l. o him. Under the circumstances outlined above, whereby TD Bank knew that 03 relying on Spinosa's assurances to D3 of the precautions in place to prevent thdrawals from its account, TD Bank was a fiduciary of D3 and owed 03 the f ics of honesty, loyalty, and care. Additionally. where TD Bank knew that D3 that the settlement trust accounts had been 14\ 13 1 Bank was a fiduciary of D3 and owed D3 the fiduciary duties of honesty. lo are. In addition, TD knew that 03 was relying on Caretskv's representations di the trust accounts contained substantial funds, TD Bank was a fiduciary of D3 a the fiduciary duties of honesty. loyalty, and care. ing on Kerstetter's representations to D3

1337. TD K ank i •ached its fiduciary duties through the actions of its employees by either ignor' nancial c • at c.n vely assisting and providing substantial assistance to Rothstein in its financial ion of Di.

1338. TD Bank's actions have directly caused injury and damage to 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.¶

cOt-W1-12XX441-44DING-AND-AWFTING-F4441414 COUNT 168 - M! ACH OF FIDUCIARY DUTY (aft:dust -4ipino&ttGeorge G. Levin)¶

1339. Plaintiff incorporates the allegations contained in paragraphs I through 404121 as if restated herein.

1340. This is a claim for breach of fiduciary duty.

1341. By holding himself out as a co-investor, Levin became i of Dl and owed D3 the fiduciary duties of honesty. loyalty, and care.

1342. Levin breached his fiduciary duties by either g or actively assisting and providing substantial assistance to Rothstein in his fina ation of O3.

1343. Levin's actions have directly caused injury damage D3.

WHEREFORE, D3 CAPITAL CLU B ' ..requests judgment against G.¶

LEVIN for compensatory damages. to wit coun costs and such further relief as the Court deems proper.¶

AC, ') COUNT C 9 -BREACH OF FIDUCIARY DUTY (against.. Preve)¶

1344. Plai incorporates the allegations contained in paragraphs I through 121 as if restated herdc)

is a claim for breach o fiduciary duty.¶

By holding himself out as a co-investor. Previn became a fiduciary of D3 and owed 03 the fiduciary duties of honesty, loyalty, and care.¶

1347. Preve breached his fiduciary duties y either ignoring or actively assisting and providing substantial assistance to Rothstein in his financial exploitation of D3.

1348. preve's actions have directly caused injury and damage to D3.

WHEREFORE. D3 CAPITAL CLUB. LLC, requests judgment against PREVE for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 170 - BREACH OF FIDUCIARY DUTY a ainst Ban on Income Fund I.P and Ban on SVI LL¶

1349. Plaintiff incorporates the allegations contained in paragra ah 121 as if restated herein.

1350. This is a claim for breach of fiduciary duty. c l

1351. At all times material hereto. Levin was c scope of his employment as the chief executive officer of Banyon USVI and BIF

1352. At all times material hereto c v acting in the scope of his employment as the chief operating officer or agent of 13 It meUS and BIF.

1353. Banyon USVI an fiduciaries of D3 and owed it the fiduciary duties of honesty loyAltv, and care.

1354. Banyan lend BIF breached their fiduciary duties through the actions of its employees by iiC ignoring or actively assisting and providing substantial assistance to Rothstein ncial exploitation of D3.

Banyon USVI's and BIF's actions have directly caused injury and damage to D3.¶

WHEREFORE. D3 CAPITAL CLUB. LW. requests iudgment against BANYON INCOME FUND, 1.2, and BANYON USVI. LLC., for compensatory damages, together with court costs and such further relief as the Court deems prover.¶

COUNT 171 - BREACH OF FIDUCIARY DUTY (against Michael Szfranski)¶

1356. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein.

1357. Szfranski. as an independent verifier. was a fiduciary t "SatA,owed it the O fiduciary duties of honesty. loyalty, and care.

1358. This is a claim for breach of fiduciary duty.

1359. Szfranski breached his fiduciaryduties by eith ng or actively assisting and providing substantial assistance to Rothstein in his fina 'lion of D3. C.)

1360. Szfranski's actions have directly c and damage to D3.

WHEREFORE. D3 CAPITAL C . requests judgment against MICHAEL SZFRANSKI for compensatory dama er with court costs and such further relief as the Court deems proper.¶

( 14/ COUNT 172 • BREACH OF FIDUCIARY DUTY (against Onyx Capital Management)¶

136E Pl (- S• 'if.,in rates the allegations contained in paragraphs I through 121 as if tedsta i¶

ts is a claim for breach of fiduciary duty.¶

1383. At all times material hereto. Szfranski was acting in the scope of his employment as president of Onyx.

1384. Onyx. as an independent verifier. was a fiduciary of n3 and owed it the fiduciary duties of honesty. loyalty. and care.

1385. 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.

1386. Onyx's actions have directly caused injury and damage to D3.

WHEREFORE, D3 CAPITAL CLUB. LLC. requests judgment st ONYX CAPITAL MANAGEMENT for compensatory damages, together with c otiSosts e and such further relief as the Court deems proper. 9¶

COUNT 173 - BREACH OF FIDUCIARY (against Berenfeld Spritzer Shechter LLP)¶

1367. Plaintiff incorporates the allegations cons yli i aragraphs I through 121 as if restated herein.

1368. This is a claim for breach of (f i ts ty.

1369. Berenfeld, as an hide t auditor. was a fiduciary of D3 and owed them the fiduciary duties of honesty, loyal • ,

1370. Berenfeld hrca d i tduciary duties by either ignoring or actively assisting and providing substantial assiptrynce to Rothstein in his financial exploitation of D3,

1371. feld's actions have directly caused injury and damage to D3.

e RE, D3 LLC. BERENFELD requests CAPITAL CLUB. against judgment SPR1 ECHTER SHEER. LLP. for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 174 - AIDINgAlND ABETTING FRAUD (against ME Spinosa}¶

1372. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein.

1373. This is a claim for aiding and abetting fraud.

1374. As described more fully above, the deals in which D3 invested and Rothstein was operating a Pond scheme through his firm. RRA, and thruu

1375. Spinosa knew of Rothstein's fraudulent scheme.

1376. Spinosa actively assisted, and provided suhstan financial exploitation of D3 through fraud. Sninosa's as • . uded, but was not limited to, V ' 'stance, to Rothstein in his 14)4 / it supplying D3 with false hank account statements is mg and untrue written assurances concerning the settlement accounts.

eau : : injury and damage to D3. 1377. Sninosa's actions have di S¶

WHEREFORE, D3 CAP B. LLC. requests judgment against A. SPINOSA for compensatory d avc, together with court costs and such further relief as_ilic Court deems proper,¶

IAN-n:175 -AIDING AND ABETTTING FRAUD !against Jennifer Kerstetter)¶

13 a tiff incorporates the allegations contained in paragraphs I through 4417121 as ted¶

1379. This is a claim for aiding and abetting fraud.

1380. 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.

I¶

the Court deems proper. WHEREFORE. RAZORBACK FUNDING, I, C reuuests ' 'nst JENNIFER ( J KERSTETTER for compensatory damages. together with_court < osts and such_further relief as¶

1381. Kerstejter knew of Rothstein's fraudulent schems,

1382. Kerstetter actively assisted, and provided substantial assistance. to Rothstein in his financial exploitation of D3 through fraud. Kerstetter's assistance included. but was not limited to, providing false documentation to D3 that the RRA trust accounts contained substantial funds when they did not.

1383. er ter' actions ve di tl c scd nd dams e to

COUNT LX-XA:176 - AIDING A NG FRAUD (against Roseau v)¶

1384. Plaintiff incorporates the alleoailins rtZaincd in paragaphs I through -147121 as if restated herein.

1385. This is a claim for a abetting fraud.

1386. As described it 1Ev above, the deals in which D3 invested were bogus and Rothstein was operating a scheme through his firm, RRA, and through TD Bank.

1387. C knew of Rothstein's fraudulent scheme.

13 sky actively assisted, and provided substantial assistance. to Rothstein in his financial ation of D3 through fraud by representing to D3 that the RRA trust accounts contained substantial funds, all the time knowing that the accounts contained, at most, minimal balances and that, to the extent the accounts were funded, that Rothstein routinely raided the accounts for his own use.¶

1389. Carets& s actions have directly caused injury and damage to O3.

WHEREFORE, D3 CAPITAL CLUB, LLC, requests judgment against ROSEANNE CARETSKY for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 1-XXV4177 - AIDING AND ABETTING FRAUD
(against TD Bank, N.A.)¶

1390. Plaintiff incorporates the allegations contained in paragraphs 1 through 407121 as if restated herein.

1391. This is a claim for aiding and abetting fraud.

1392. 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.

1393. At all times material hereto Spinosa was acting in the scope of his employment for TD Bank.

1394. At all times material hereto, Kerstetter was acting in the scope of her employment as an assistant manager of TD Bank.

1395. 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.

1396. TD Bank knew of Rothstein's fraudulent scheme.

1397. TD Bank, through Spinosa, Kerstetter, and Caretsky, actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of D3 through fraud, TD Bank's assistance included, but was not limited to, providing false documentation to the D3 that the RRA trust accounts contained substantial funds when they did not and supplying investors with misleading and untrue written assurances concerning the settlement accounts.

1398. TD Bank's actions have directly caused injury and damage to D3.

WHEREFORE, D3 CAPITAL CLUB. LLC, retjuests judgment against TD BANK. N.A. for compensatory damages, together with court costs and such further relief as the Court deems proper,¶

COUNT 14•XXV III - AIDING AN n B IN F' LID a ainst De n ra¶

1399. Plaintiff incorporates the allegations contained in paragraphs I tly gh - 121 as if restated herein.

1400. This is a claim for aiding and abetting_fraud.

1401. As described more fully above, the deals in w 3 invested were bogus and Rothstein was operating a Ponzi scheme through his fin s pi through TD Bank.

1402. knew of Rothstein's fraudu t e.

I403. actively assisted, and v ubstantial assistance. to Rothstein in his financial exploitation of all of the inve icti s of Rothstein's Ponzi scheme, including D3, through fraud by furnishing false c nt statements and wire transfers to investors in order to induce them to invest despi a g_actual or constructive knowled • e that the investments were a Ponzi scheme.¶

1404. Vi 's actions have directly caused injury and damage to D3.

0 E, D3 CAPITAL CLUB, LLC, requests judgment against DEBRA compensatory damages, together with court costs and such furthcr relief as the Court deems proper.¶

COUNT':W.414179 - AIDING AND ABETTING FRAUD (against Irene Stay)¶

1405. Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein.

1406. This is a claim for aiding and abetting &mit

1407. As described more fully above, the deals in which D3 laves = Ase b~gtis and Rothstein was operating a Ponzi scheme through his lint RRA, and throuni f B• k.

1408. Stay knew of Rothstein's fraudulemscheme.

1409. Stay actively assisted, and pmvidcd substanti• financial exploitation of all of the investor victims of R ance. to Rothstein in his onzi scheme, including D3, through fraud by furnishing false hank account sta wire transfers to investors in order S to induce them to invest despite having acte o ructive knowledge that the investments were a Ponzi scheme.

1410. Stay's actions hay . used injury and damage to D3.

WHEREFORE, 1)3 CAI CLUB. LLC. requests judgment against IRENE STAY for compensatory damages. t with court costs and such further relief as the Court deems proper.¶

( SI A÷ O 0 NT 180 - AIiDIN D ABETTIN FRA D¶

141 Plaintiff incorporates the allegations contained in paragraphs I through 121 as if restated herein.¶

1412. This is a claim for aiding and abetting fraud.

1413. 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.

1414. Levin knew of Rothstein's fraudulent scheme.

1415. Levin actively assisted, and provided substantial assistance. to Rothstein in his financial exploitation of D3 throu_gh fraud. Levin's assistance included, but was 'ted to representing that the_settlement agreements purchased by investors were real, they had been fully funded, and that they would be paid out to investors over a nredet hedule.

1416. Levin's actions have directly caused injury and damage.

WHEREFORE. D3 CAPITAL CLUB. LLC, rerun em against as LEVIN for compensatory damages together with c such further relief as the Court deems proper.¶

COUNT 181- AIDIN D ABETTING FRAUD (a iL Preve)¶

1417. Plaintiff incorporat A taU miens contained ia_paragraphs I through 121 as if restated herein.

1418. This is a clt aiding and abetting fraud.

1419. As rite more fully above, the deals in which D3 invested were bogus and gothstein ing a Ponzi scheme through his firm. RRA, and through TD Bank.

'ye knew of Rothstein's fraudulent scheme.¶

1421. Preve actively assisted. and provided substantial assistance, to Rothstein in his financial exploitation of D3 through fraud. Preve's assistance included, but was not limited to. representing that the settlement agreements jairchased by investors were real, that they had been fully funded. and that they would be paid out to investors over a predetermined schedule.

1422. Preve's actions have directly caused injury and damage to Di.

WHEREFORE. D3 CAPITAL CLUB, LLC, requests jut:Lament against FREW, for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT 182 - AIDING AND ABETTING FRAUD a minst Ban m Income Fund LP and Ban tin USN(' LLC¶

1423. Plaintiff incorporates the allegations contained in_paragrap gh 121 as if restated herein.

1424. This is a claim for aiding and abetting fraud.

1425. As described more fully above, the deals. 3 invested were bogus and Rothstein was operating a Ponti scheme through hi and thmugh TD Bank.

1426. At all times material hereto. cling in the scope of his employment as the chief executive officer of Ballston US

1427. At all times materi ye was actinitin the scope of his employment as the chief operating officer or age nyon USV1and BIR

1428. Banyon UST. RIF knew of Rothstein's fraudulent scheme.

1429. Ba USV nd BW. through Levin and Pt-eve. actively assisted, and provided substantial USVI's s assistance included, but was not limited to, representing that the settlement agreements purchased by investors were real, that thty_ had been fully funded, and that they would be paid out to investors over a predetermined schedule. to Rothstein in his financial exploitation of D3 through fraud. Banvon

1430. Banyon USVI's and BIF's actions have directly caused injury and damage to D3.

WHEREFORE, 133 CAPITAL CLUB, LLC, requests judgment Kunst 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 183 - AIDING AND ABETTING FRAUD lattahist Michael Szfranski)¶

1431. Plaintiff incorporates the allegations contained in paragraphs I restated herein.

1432. This is a claim for aiding and abetting fraud.

1433. As described more fully above, the deals in w Rothstein was operating a Ponzi scheme through his fin through TD Bank. 3 invested were bonus and

1434. Szfranski knew of Rothstein's fraud n e me.

1435. Szfranski actively assisted, an rov substanlial assistance, to Rothstein in his financial exploitation of 133 through f zfra ski's assistance included. hut was not limited to, verifying false bank statementsyat al ments.

1436. Szfranski's action directly caused iniury and damage to D3.

WHEREFORE. D ITAL CLUB. LLC, requests iudnment agknst MICHAEL SZFRANSKI for r iensatory damages, together with court costs and such further relief as the deen¶

COUNT 184 - AIDING AND ABETTING FRAUD (against Onyx Capital Management)¶

1437. Plaintiff incorporates the allegations contained in paragraphs 1 through 121 as if restated herein.

1438. This is a claim for aiding and abetting fraud.

1439. Plaintiff inco restated herein. allegations contained in paragraphs t through 121 as if

1440. 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.

1441. At all (lines material hereto. Szfranski was acting in the scope of his employment as president of Onyx.

1442. Onyx knew of Rothstein's fraudulent scheme.

1443. Onyx, through Szfranski, actively assisted, and provided subs assistance, to Rothstein in his financial exploitation of D3 through fraud. Onyx's as/ luded, but was not limited to. verifying false bank statements and deal documents.

1444. Onyx's actions have directly caused iniury a to 03.

WHEREFORE, D3 CAPITAL CLUB. sts judgment against ONYX CAPITAL MANAGEMENT for compensatory further relief as the Court deems proper. together with court costs and such¶

COUNT 185 - AID ND ABETTING FRAUD (against Berenfeld Spritzer Shechter Sheer, LLP)¶

1445. Th. claim for aiding and abetting fraud.

scribed more fully above, the deals in which D3 invested were bogus and Roth. rating a Ponzi scheme through his firm, RRA, and through TD Bank.¶

1447. Berenfeld knew of Rothstein's fraudulent scheme.

1448. Berenfeld actively assisted, and provided substantial assistance. to Rothstein in his financial exploitation of D3 through fraud. Berenfeld's assistance included but was not limited to. providing false auditing documents relatina to Banvon and RRA. .

1449. Berenfeld's actions have directly caused injury and damage to D3.

WHEREFORE. j33 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 ISO - CONVERSION (against Scott Rothstein) As''¶

1450. plaintiff incorporates the allegations contained in pangraph fSgit(47.121 as if restated herein.

1451. This is a claim for conversion.

1452. As described more fully above, the deals ' 3 invested were bogus and Rothstein was operatijg a Ponzi scheme thrun RA, pod through TD Bank. In furtherance of the Ponzi scheme. Rothstein rc nauthorized dominion and control over the property of D3 when he absconded 13.5004000.00 in funds.

1453. Rothstein's converk '3's funds has permanently deprived D3 of its Party

1454. eased upon ein having initially fled the country after emptying out the trust accounts. any attctCby D3 to make demand upon him for the return of its property would be futile.

othstein's actions have directly caused injury and damages to D3.¶

WHEREFORE, D3 CAPITAL CLUB. LLC, requests judgment against SCOTT ROTHSTEIN for compensatory dammes, together with court costs and such further relief as the Court deems proper.¶

propenv. 1459. Rothstein's conversion of D3's funds nently deprived D3 of its¶

COUNT LX-XIX187 - AIDING AND ABETTING CONVERSION (against Spinosa)¶

1456. Plaintiff incorporates the allegations contained in paragraphs 1 through 107121 as jf restated herein.

1457. This is a claim for aiding and abetting conversion.

1458. As described more fully above. the deals in which D3 invested pus and Rothstein was operating a Ponzi scheme through his firm RRA, and t Bank. In furtherance of the Ponzi scheme. Rothstein exercised unauthorized n and control over the property of D3 when he absconded with D3's $13,500,000 nds.

1459. Based upon Rothstein having i ' 8 I t440, the country after emptying out the trust accounts, anY attempts by D3 to make end u n him for the return of its property would be futile.

1460. Spinosa actively scis and provided substantial assistance. to Rothstein in either temporarily or pent r;1v depriving D3 of its propene by deceiving D3 into turning its property over to tein under false pretenses.

146 sa's actions have directly caused injury and damages to D3.¶

FORE, D3 CAPITAL CLUB. LLC requests judgment against A. SPINOSA for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

I¶

COUNT laNNX188 - AIDING AND ABETTING CONVERSION (against Jennifer Kerstetter)¶

1463. Plaintiff incorporates the allegations contained in paragraphs I through 1417421 as if restated herein.

1464. This is a claim for aiding and abetting conversion.

1465. As described more fully above. the deals in which D3 invested us and Rothstein was operating a Ponzi scheme through his firm, RRA, and Bank. In furtherance of the Ponzi scheme. Rothstein exercised unauthorized the property of D3 whcn he absconded with D3's $13.500.000.Q07Ntltmds. and control over

1466. Rothstein's conversion of 03's funds property. nentiv deprived D3 of its

1467. Based upon Rothstein having' Sall <i > the country after emntvine out the trust accounts, any attempts by D3 to make 4cd l ...reu n him for the return of its property would be futile.

1468. Kerstetter active either temporarily or pernprovided substantial assistance. to Rothstein in y depriving D3 of its_property by deceiving D3 into turning its property over to tein under false pretenses.

146 tter's actions have directly caused injury and damages to D3.¶

Fon, D3 CAPITAL CLUB, LLC. requests judgment against JENNIFER KERSTETTER for compensatory. damages. together with court costs and such further relief as the Court deems proper.¶

COUNT tANX-1189 - AIDING AND ABETTING CONVERSION (against Roseanne Caretskv)¶

1470. Plaintiff incorporates the allegations contained in paragraphs I through 1-0:121 as if restated herein.

1471. This is a claim for aiding and abetting fraud.

1472. As described more hilly above. the deals in which D3 invest s and Rothstein was operating a Ponzi scheme through his firm, RRA, and throu

1473. Caretskv knew of Rothstein's fraudulent scheme.

1474. Caretskv actively assisted, and provided substa istanes. to Rothstein in his financial exploitation of D3 through fraud. Caretskv's ncluded, but was not limited to providing false documentation to D3 that the s ounts contained substantial funds when they did not.

1475. Caretskv's actions have ca sed injuty and damage to D3.

1476. Caretskv's actions v caused injury and damages to D3.

WHEREFORE. D3 CA CLUB. 1.1C. reouests judgment against ROSEANNE CARETSKY for coinpensatory damages, together with court costs and such further relief as the Court deems ro¶

IAXX-11190 - AIDING AND ABETTING CONVERSION against TD Bank, N.A.)¶

147 Plaintiff incorporates the allegations contained in Paragraphs 1 through 107J21 as if restated herein.¶

1478. This is a claim for aiding and abetting conversion.

1479. As described more fully above, the deals in which D3 invested were beaus and Rothstein was operating a Ponzi scheme through his firm RRA. and through 1D Bank. In furtherance of the Ponzi scheme. Rothstein exercised unauthorized dominion and control over the property of D3 when he absconded with D3's $I3.500.000.00 in funds.

1480. Rothstein's conversion of D3's funds has permanently deprive of its pjuflerty.

1481. Based upon Rothstein having initially fled the country a ler m tt Inc out the trust accounts, any attempts by D3 to make demand upon him for the retu of its property would be futile.

1482. At all times material hereto Spinosa w a\ic4,1n the scope of his employment for TD Bank.

1483. At all times material hereto. was acting in the scope of her employment as an assistant manager of ID itBank. &

1484. At all times ma al h . Caretsky_ was acting in the scope of her employment as an assistant vice pres t and ch manager of TD Bank.

1485. TD t ilk i. VPt .ugh its employees while acting within the scope of their employment. • ' I ssistcd, and provided substantial assistance, to Rothstein in either temporarilN anently depriving D3 of its property by allowing Rothstein to make unauthorize withdrawals of its funds and by deceiving D3 into turning its propene over to Rothstein under false pretenses.

1486. TD Bank's actions have directly caused injury and damages to D3.

WHEREFORE. D3 CAPITAL SLUR. LLC, requests judgment against TD BANK N.A., for compensatory damages, together with court casts and such further relief as the Court deems prover.¶

COUNT LXXX414191 - AIDING AND ABETTING CONVERSION (against Debra¶

if restated herein. 1487. Plaintiff incorporates the allegations contained in paragraphs 1 through 7121 as¶

1488. This is a claim for aiding and abetting conversion.

O X¶

1489. As described more fully above, the deals in w 3 invested were bogus and Rothstein was operating a Ponzi scheme through his . and through TD Bank. in furtherance of the Ponzi scheme, Rothstein exerc razed dominion and control over the property of D3 when he absconded with .000.00 in funds.

property. 1490. Rothstein's conversion ict imme 3's unds has permanently deprived D3 of its¶

1491. Based upon Rot 1dying initially fled the county after emptying out the trust accounts, any attempts bvb4p make demand upon him for the return of its property would be futile.

14 Viii s actively assisted, and provided substantial assistance. to Rothstein in either tel ly or permanently depriving D3 of its property by deceiving 133 into turning its property over to Rothstein under false pretenses.¶

1493. actions have directly caused iniury and damages to D3.

restated herein. 1494. Plaintiff incorporates the alleeations contained in paragraphs I Az Ailla, g\ le 21 as if¶

1495. This is a claim for aiding and abetting conversion,

WHEREFORE, D3 CAPITAL CLUB. LLC, requests judgment against DEBRA for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT IA-NNI-V192 - AIDING AND ABETTING CONVERSION (against Irene Stay)¶

1496. As described more fully above the deals in w 3 invested were bogus and Rothstein was operating a Ponzi scheme through his . and through TD Bank. In furtherance of the Ponzi scheme. Rothstein exerc rized dominion and control over the property of D3 when he absconded with .000.00 in fiords.

1497. Rothstein's conversion 's unds has permanently deprived D3 of its property.

1498. Based upon RotiStcin aving initially lied the country after emptying out the trust accounts, any attempts by ICIrtrj> make demand upon him for the return of its pronerty would be futile.

1499. actively assisted, and provided substantial assistance, to Rothstein in either temtorat permanently depriving D3 of its property by deceiving D3 into turning its property over to Rothstein under false pretenses.

1500. Stay's actions have directly caused injury and damages to D3.

WIIEREFORE. 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.¶

UN' )MC D ABET"PIN VER. 'nst G. Levin¶

1501. Plaintiff incorporates the allegations contained in paragraphs I I as if restated herein.

1502. This is a claim for aiding and abetting conversion.

c 1503. As described more fully above, the deals in w ' invested were bogus and Rothstein was operating a Ponzi scheme through his I- . and through TD Bank. In furtherance of the Ponzi scheme, Rothstein exerci prized dominion and control over the property of D3 whe he absconded with t 000.00 in funds.¶

1504. Rothstein's conversion unds has permanently deprived D3 of its Pn2PertY•

1505. Based upon RothsjcinIdaving initially fled the county after emptying out the trust accounts, any attempts by D3 to make demand upon him for the return of its property would be futile.

15 actively assisted, and provided substantial assistance to Rothstein in either temporar rmanentty depriving D3 of its property by representing that the settlement agreements purchased by investors were real, that they had been fully funded, that they would he paid out to investors over a predetermined schedule, and by deceiving_ D3 into turning its proiNrtv over to Rothstein under false pretenses.¶

1507. Levin's actions have directly caused injury and damages to D3.

WHEREFORE, D3 CAPITAL CLUB. LLC. requests judgment against a. LEVIN for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 194 • AIDING AN ABETTING CONVERSION (against Prevel¶

1508. Plaintiff incorporates the allega ions contain'n ara r f gb 1 as if restated herein.

1509. This is a claim for aiding and abetting conversion.

1510. As described more fully above, the deals in w Rothstein was operating a Ponzi scheme through his ,sts r 3 invested were bogus and and through TD Bank. In furtherance of the Ponzi scheme. Rothstein exerci orized dominion and control over the property of D3 when he absconded with t .000.00 in funds.

1511. Rothstein's conversion property. St3's ar Tunds has permanently deprived D3 of its

1512. Based upon Rothstein aving initially fled the country after emptying out the trust accounts, any attempts by tie make demand upon him for the return of its property would be futile.

151,x, actively assisted, and provided substantial assistance, to Rothstein in either temperer y rbermanently depriving D3 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 investors over a predetermined schedule, and by deceiving D3 into turning its property over to Rothstein under false pretenses.¶

1514. Preve's actions have directly caused injury and damages to D3.

WHERER2F.E. O3 CAEITAL CLUB, LW, neAuests judgment against MICHAEL SZFRANSK1 for compensatory damages. together with court costs and such further relief as the Court deems proper. COUNT 195 - AIDING AND ABETTING CONVERSION (against Banyon Income Fund. LP, and Banyon USVI. LLC) 1515. Plaintiff incorporates the allegations contained in paragraphs I I as i restated herein. 1516. This is a claim for aiding and abetting conversion. 1517. As described more fully above, the deals in w 3 invested were bogus and Rothstein was operating a Ponzi scheme through his Si tit . and through TD Bank. In furtherance of the Ponzi scheme Rothstein exerc rized dominion and control over the property of D3 when he absconded with i 00 in funds. 1518. Rothstein's conversion 3's Tunds has permanently deprived D3 of its property AS ) 1519. Based upon Rot in aving initially fled the country after emptying out the trust accounts, any attempts b_y Sr-make demand upon him for the return of its property would he futile. 152 times material hereto. Levin was acting in the scope of his employment as the chi e officer of Banyon USVI and BIF. 1521. At all times material hereto. Preve was acting in the scope of his employment a.1 the chief operating officer or agent of Banyon USVI and BIF. 1522. Runyon USVI and BIF, through its employees while acting within the scope of their employment, actively assisted, and provided substantial assistance, to Rothstein in either¶

temporarily or permanently depriving D3 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 investors over a predetermined schedule, and by deceiving_D3 into turning its property over to Rothstein under false pretenses.¶

1523. Banyon USVI's and BIF's actions have directly caused iniury and d es to D3.

WHEREFORE, D3 CAPITAL CLUB, LLC requests judg_men r1COME FUND, LP. and BANYON USVI, LW. for compensator court costs and such further relief as the Court deemsproper. st BANYON together with¶

COUNT 196 - AIDING AND ABETTING ERSION (against Michael Szf¶

1524. Plaintiff incorporates the allegationk restated herein. in paragraphs I through 121 as if

1525. This is a claim for aidin abett S g conversion.

1526. As described more Rothstein was operating a Pt furtherance of the Ponzi e, the deals in which D3 invested were bogus and me _through his firm. RRA, and through TD Bank. In Rothstein exercised unauthorized dominion and control over thepropertv of D n he absconded with its S13,500,(XXI.00 in funds.

152 tein's conversion of D3's funds has permanently deprived D3 of its¶

1528. 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 their pro_perty would he futile.

1529. Szfranski actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving D3 of its property by verifying false hank statements and deal documents and by deceiving D3 into turning its property over to Rothstein under false pretenses.

1530. Szfranski's actions have directly caused injury and damages to D3, WHEREFORE. D3 CAPITAL CLUB, LLC, requests judgment apu'n. t gment against MICHAEL SZFRANSKI for compensatory damages, together with c nd such further relief as the Court deems proper.

COUNT 197 - AIDING AND ABM! (against Onyx Capital tin ERSION¶

1531. Plaintiff incorporates the allegation ASl at ikm in paragraphs I through 12I as if restated herein.

1532. This is a claim for aidin (abet S / 'ng conversion. '

1533. is described more e. the deals in which O3 invested were bogus and Rothstein was operating a Pon ugh his fine. RRA. and through TD Bank. In furtherance of the Ponzi . Rothstein exercised unauthorized dominion and control over the property of_D n he absconded with its $13,500.000.00 in funds.

15 tein's conversion of D3's funds has permanently deprived D3 of its property.¶

1535. 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 their property would be futile.

1536. At all times material hereto. Szfranski was acting in the scope of his employment as president of Onyx.

1537. Onyx. through its employees while acting within the scope of their employment, actively assisted. antprovidal substantial assistance to Rothstein in either temporarily or permanently depriving D3 of its property by verifying false hank st tements and d al and by deceiving D3 into turning its property over to Rothstein under falsepre

1538. Onyx's actions have directly caused injury and damages to

WHEREFORE. D3 CAPITAL CLUB, LLC, requests judzoll against judgment against ONYX CAPITAL MANAGEMENT for compensatory darn seater with cowl costs and such further relief as the Court deems proper.¶

COUNT 198 - AIDING ANDS ACht\G I CONVERSION (against Berenfeld Sp ec ter Sheer, I.LP)¶

( 1539. Plaintiff incorporates th gat' s contained in paragraphs I through 121 as if restated herein.¶

1540. This is a claim f&aid jtrg and abetting conversion.

1541. As described tqwe fully above, the deals in which D3 invested were bogus and Rothstein was o ing a Ponzi scheme through his firm. RRA and through TD Bank. In turtheranc inv% io nzi scheme. Rothstein exercised unauthorized dominion and control over the plop 3 when he absconded with their $13.500.000.00 in funds.

1542. Rothstein's conversion of D3's funds has permanently deprived D3 of its property.

1543. 'lased 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.

1544. Berenfeld actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving D3 of its property by providing auditing documents relating to Banyan and RRA and by deceiving D3 into turning perm over to Rothstein under false_p_retenses.

1545. Berenfeld's actions have directly caused injury and da o D3.

WHEREFORE. D3 CAPITAL CLUB. LLC, requ cm against BERENFELD SPRITZER SHECHTER SHEER, I.LP. for compen es. together with court costs and such further relief as the Court deems proper.¶

COUNT 199 - NEGLIGE SUPERVISION (against TD Bank N.A.)¶

1546. Plaintiff incorporat s rations contained in paragraphs 1 through 447121 as if restated herein.

1547. This is a cl negligent supervision.

1548. A fitted more fully above, Spinosa, Kerstetter. and Caretskv participated, with actual.& live knowledge. in Rothstein's NIA scheme. Spinosa's, Kerstetter's, and Caretsky, Acc.." ,1cipation included. hut was not limited to, providing D3 with false information concerning the amounts deposited in RRA trust accounts and sunplving investors with misleading and untrue written assurances concerning the settlement accounts.

1549. In reliance on Sninosa's. Kerstetter's. and Caretsky's representations. on October 21, 2009. D3 began sending payments to RRA's account at TD Bank, eventually funding a total of S13.500.000.00.

1550. D3's reliance on Spinosa's, Kerstetter's. and Caretsky's representations was reasonable and justified.

1551. TD Bank owed a duty to D3 to ensure that its employees not actively defrauding depositors by making false representations in order to trick deposits into trust accounts that they knew or reasonably should hay by Rothstein. making unsafe were being raided

1552. TD Bank breached its duties to D3 that its assistant manager and assistant vi c cm and branch manager were either fraudulently or negligently participating in of investors' deposits. and acted un eS which e resulted in the unauthorized raiding d actual or constructive notice failing to investigate or take corrective action.

1553. As a direct and result of TD Bank's failure to investigate or take corrective action against S 7,44" inosa. rstetter, or Caretsky. D3 has sustained damages.

WHEREFORE. isD3 CAPITAL CLUB. LLC, requests iuttanent against TD BANK N.A., for compensat a es. together with court costs and such further relief as the Court deem% proper.¶

COUNT LXXXV200 FRAUDULENT MISREPRESENTATION (against Scott Rothstein)¶

1554. Plaintiff incorporates the allegations contained in paragraphs I through 44)7121 as f restated herein.

1555. This is a claim for fraudulent misrepresentation.

1556. As described more fully above, Rothstein was operating a Ponzi scheme throu is (inn. RRA, and through TD Bank.

1557. In furtherance of the Ponzi scheme. Rothstein knowingly made m renal e tatements and representations. Including but not limited to representing t i e settlement geements purchased by investors were real, that they had been full and that they vould be paid out to investors over a predetermined schedule.

S 1558. Rothstein intended BFMC to act on his knownnowi presentations.¶

1559. BFMC justifiably relied upon Rothstein' rese ations to its detriment.

1560. As a direct and proximate result...) ein's false statements, BFMC has ustained damages,

WHEREFORE, BFMC INVES LLC, requests judgment against SCOTT tOTHSTEIN for compensatory 'vs. together with court costs and such further relief as the 7ourt deems prwer. C¶

COUNT 201 - FRAUDULENT MISREPRESENTATION jagainst Spinosal¶

1561. Plaintiff incorporates the allegations contained in pa _graphs I throueli 144712 as restated herein.

1562. This is a claim for fraudulent misrepresentation.

1563. As described more fully above, Rothstein was operating a Ponzi scheme through RA, and through TD Bank.

15
his firm, F¶

4. In furtherance of the Ponzi scheme, Spinosa knowingly made material false and representations including, but not limited to, supplying investors with false bank statements and misleading and untrue written assurances concerning the settlement

statements
account st
accounts.¶

5. Spinosa intended BFMC to act on his knowingly false representations.

15⁶¶

6. BFMC justifiably relied upon Spinosa's representations to its detriment.

15⁶¶

7. As a direct and proximate result of Spinosa's false statements, BFMC has amages.

sustained d
WE¶

IFEREFORE, BFMC INVESTMENT, LLC, requests judgment against [REDACTED] A. for compensatory damages, together with court costs and such further relief as the is proper.¶

SPINOSA
Court deem¶

COUNT LXXXVH202 - FRAUDULENT MISREPRESENTATION
(against TD Bank, N.A.)¶

15⁶¶

8. Plaintiff incorporates the allegations contained in paragraphs 1 through 407121 as erein.

if restated H¶

9. This is a claim for fraudulent misrepresentation.

15⁶¶

1. At all times material hereto, Spinosa was acting in the scope of his employment as ce President of TD Bank.

Regional V¶

. As described more fully above, Rothstein was operating a Ponzi scheme through A, and through TD Bank.¶

if restated H
his firm, R¶

1572. In furtherance of the Ponzi scheme. TD Bank, through Spinosa. knowingly made material false statements and representations including. hut not limited to, supplying investors with false bank account statements and supplying investors with misleading and untrue written assurances concerning the settlement accounts.

1573. TD Bank. thmugh Spinosa, intended BFMC to act on.ir knowingly false representations.

1574. BFMC justifiably relied upon TI) Bank's. thm their detriment. nosa's representations. to

1575. As a direct and proximate result nk's. made through Spinosa's, false statements. BFMC has sustained damages.

WHEREFORE. BFMC INV LLC, requests judgment against TD BANK N.A., for compensatory damagq. to • a with court costs and such further relief as the Court deems proper.¶

tX . it 1203 - FRAUDULENT NIISREPRESENTATION (against David Roden)¶

1576. incorporates the allegations contained in paragraphs I through 447121 as ificatii4r

1577. This is a claim for fraudulent misrepresentation.

' 1578. As described more fully above. Rothstein was operating a Ponzi scheme through his firm. RRA. and through TD Bank.¶

1579. In furtherance of the Ponzi scheme. Bodes knowingly made material false statements and representations including. but not limited to. making misleading and untrue assurances concerning the settlement agreements and accounts.

ntended BFMC to act on his knowingly false representations.¶

justifiably relied upon Boden's representations to its detriment.¶

ect :tad proximate result of Boden's false statements,BRIC has sustained¶

BFMC INVESTMENT. MC, requests judgment against DAVID¶

awry damages, together with court costs and such further relief as the¶

44X3CA4X204 FRAUDULENT MISREPRESENTATION (against Andrew Barnett)¶

I incorporates the allegations contained in paragraphs I through 447 _21 I 4S i¶

:i claim for fraudulent misrepresentation.¶

'ribed more fully above, Rothstein was operating a Po • ' he through¶

augh TD Bank.¶

ierance of the Ponzi scheme. Barnett kno ngly ittSade material false¶

entations including, but not limited • a plying BFMC with false¶

dentitv of the defendant who w quart v funding the settlement.¶

intended BFMC to act on II to y false representations.¶

ustifiably relied upon s representations to its detriment.¶

jest and proximate result of Barnett's false statements. BFMC has¶

1580. Roden

1581. BFMC

1582. Mad

damages.¶

WI IEREFORI¶

BODEN for compen:¶

Court deems proper.¶

COUNT i¶

1583. Plaintif

if restated herein.¶

1584. This is,

1585. As desc

his firm. RRA, and thp¶

1586. In hint

statements and repre5¶

information about the i¶

1587. Damen

1588. BFMC

1589. As a d

sustained damages.¶

NOT A CERTIFIED COPY¶

WHEREFORE. BFMC INVESTMENT, LLC, requests judgment against ANDREW BARNETT for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT X€20$ - NEGLIGENT MISREPRESENTATION (against Spinosa)¶

1590. Plaintiff incorporates the allegations contained in paragraphs I thr' if restated herein.

1591. 'Ibis is a claim for negligent misrepresentation.

1592. As described more fully above. Rothstein was o his firm, RRA, and through TD Bank. a Ponzi scheme through

1593. In furtherance of the Ponzi scheme. S c material false statements and representations including, but not limited to •g investors with false bank account statements and misleading and untrue writt u es concerning the settlement accounts.

CO¶

1594. When making the fall nts and representations, Spinosa either knew or reasonably should have known that y wwere false.

1595. 5roinosa owed a duty of care because he knew or had reason to know that BFMC was placing t s nd confidence in him and relying on him to inform it.

1596. osa breached his duty to BFMC by making false representations with the intention t rely on them.

1597. BFMC iustifiably relied upon Spinosa's representations to its detriment.

1598. As a direct and proximate result of Spinosa's false statements. BFMC has sustained damages.

WHEREFORE, BFMC INVESTMENT, I.LC, requests judgment againsta s SPINOSA for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT XC1206 - NEGLIGENT MISREPRESENTATION (against TD Bank. N.A.)¶

1599. Plaintiff incorporates the alle ations contained roux 4437121 as if restated herein.

1600. This is a claim for negligent misrepresentati

1601. At all times material hereto. Spinosa ting in the scope of his employment as Regional Vice President of T.D. Bank.

1602. As described more fully was operating a Ponzi scheme through his firm, RRA, and through TD B .

1603. In furtherance <e se S P nzi scheme. TD Bank. through Spinosa, made material false statements and renreth 7,1 ons, including. but not limited to. showing investors false statements of the aniWnts in RRA trust accounts and providing misleading and untrue written assurances cone the settlement accounts..

en making the false statements and representations, TD Bank, through v reason shou • have kn wn that the were false.¶

1605. TD Bank owed BFMC a duty of care because it knew or had reason to know that BE-MC was placing trust and confidence in her and relying on it to inform them.

1606. TD Bank breached its duty to BFMC by making false representations, through Spinosa, with the intention that BFMC rely on them.

;a's, representations to¶

stations, made through¶

it against TD BANK,¶

[her relief as the Court¶

TION¶

rhN I through 121 as if¶

Pun/.1 scheme through¶

made material false¶

^nisleading and untrue¶

Roden either knew or¶

untarilY undertaking to¶

presentations with the¶

1607. BFMC justifiably relied upon TD Bank's, through Sofro its detriment.

1608. As a direct and Proximate result of TD Bank's represer Spinosa, BFMC has sustained damages.

WHEREFORE. BFMC INVESTM N LLC, requests itidgmei N.A., for compensatory damages. to ith court costs and such fun deems proper.¶

COUNT WIC JNEGLIGENT MISREPRESENTA Ac i (against David Boden)¶

1609. Pl. ait " in rates the allegations contained in paragrac stated he ' ,

s16 apove, Rothstein was operating a r. As described more fully RRA and throu • h TD Bank¶

1 is is a claim for negligent misrepresentation.¶

1612. In furtherance of the Ponzj scheme. Boden knowingly statements and representations including but not limited to. making i assurances concerning the settlement agreements and accounts.

1613. When making the false statements and representations, reasonably should have known that they were false.

1614. Boden owed BFMC a duty of care by affirmatively and vol offer BFMC information.

1615. Boden breached his duty to BFMC by making false re intention that BFMC rely on thema.

1616. BFMC justifiably relied upon Boden's representations to its detriment.

1617. As a direct and proximate result of Boden's false statements, BFMC has sustained damages.

WHEREFORE, BFMC INVESTMENT, LIC, requests judgment against DAVID RODEN for compensatory damages. together with court costs and such furth lief as the Court deems proper.¶

COUNT 208 - NEGLIGENT MISREPRESENTS (against Andrew Barnett)¶

1618. Plaintiff incorporates the allegations contain agraphs I through 447121 as if restated herein.

1619. This is a claim for negligent mis

1620. As described more fully abo shin was operating a Ponzi scheme through his firm, RRA. and through TD Bank.

1621. In furtherance of scheme Barnett made material false statements and representations including, but t li ted to, supnlyina BFMC with false information about the identity of the defendant 'as purportedly funding the settlement.

1622. making the false statements and representations. Bamett tither knew or reasgnably ave known that they were false.

Barnett owed BFMC a duty of care by affirmatively and voluntarily undertaking to offer BFMC information.¶

1624. Barnett breached his duty to BFMC by making false representations with the intention that BFMC rely on them

1625. BEAK justifiablyrelied upon Barnett's representations to its detriment.

Amended Complaint¶

1626. As a direct and proximate result of Btunett's false statements, BFMC has sustained damages,.

WHEREFORE. BFMC INVESTMENT. LLC. requests judgment against ANDREW BARNETT for compensatory dama_ges, together with court costs and such further relief as the Court deems proper.¶

COUNT X( 111209 - AIDING AND ABETTING BREACH F FI¶

1627. Plaintiff incorporates the allegations contained in_paragrap gh 40;121 as if restated herein.

1628. This is a claim for aiding and abetting breach duty.

1629. pinosa was aware that as trustee of t purported settlement funds were deposited. Ro trust account where TIFMC's iduciary duties of honesty. loyalty, And care to BFMC. Spinosa was also aware thatras trustee of the attorney trust account ar containing the funds to which D3 h elusive right to collect in the near future, Rothstein had fiduciary duties of honesty. boy a care to BFMC.

1630. Spinosa was as. t Rothstein was financially exploiting the investors to their detriment, and was a a that othstein was breaching his fiduciary obligations to BFMC.

1631S tively assisted, and provided substantial assistance, to Rothstein in his financial ex n of BFMC and his breaches of fiduciary duty.¶

1632. Spinosa' s actions have directly caused injury and damage to BFMC.

WHEREFORE, BFMC INVESTMENT, LLC, requests judgment against A. SPINOSA for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT XCI-V210 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY (against TD Bank, NA.)¶

1633. Plaintiff incorporates the allegations contained in paragraphs I through 4417121 as if restated herein.

1634. This is a claim for aiding and abetting breach of fiduciary duty. p

1635. At all times material hereto. Soinosa was acting in the scope A tis lovment as Regional Vice President of TD Bank.

1636. TD Bank was aware that as trustee of the attorn purported settlement funds were deposited. Rothstein ly and care to BFMC TD Bank was also aware containing the funds to which BFMC had Rothstein had fiduciary duties of honesty . d care to BFMC. Qcount where BFMC's wry duties of honesty, loyalty, ee of the attorney trust account e right to collect in the near future,

1637. TD Bank was aw was financially exploiting the investors to their detriment and was away arto was breaching his fiduciary obligations to BFMC.

1638. TD Bank. t his employees acting within the scope of their employment. actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of BFMC and hj6R aches of fiduciary duty.

I D Bank's actions have directly caused injury and damage to BFMC. ÷IEREFORE, BFMC INVESTMENT. LLC. requests judgment against ID BANK, N.A., for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT M211 - AIDING AND ABETTING BREACH OF FIDUCIARY DUTY fatainst David Rodent¶

fiduciary duties of honesty. lo_yally, and care to BFMC. 1642. Roden was aware that as trustee of the attorney trust account where BFMC's purported settlement funds were deposited, Rothstein had fiduciary duties of ty, loyalty, and care to BFMC. Boden was also aware that as trustee of the attorney trust dottnt containing the funds to which BFMC had an exclusive right to collect in th (..)e Rothstein had¶

1643. ,Boden was aware that Rothstein was limit detriment, and was aware that Rothstein was breachi baiting the investors to their iary obligations to BFMC.

1644. Poden actively assisted, and pr us i f financial exploitation of BFMC and his br stantial assistance, to Rothstein in his s o duciary duty.

1645. Peden's actions hay used inty and damage to BFMC.

WHEREFORE, BF BODEN for compensa °IN urt deems m MENT, LUC. requests judgment against DAVID es. together with court costs and such further relief as the¶

1640. Plaintiff incorporates the allegations contained in paragraphs I through 407 I2 I as if restated herein.

1641. This is a claim for aiding and abetting breach of fiduciary duty.

12 - AIDING AND ABETTIli'll iACH OF FIDUCIARY DUTY (against Debra¶

1646. Plaintiff incorporates the allegations contained in paragraphs I through 444121 as if restated herein.

1647. This is a claim for aiding and abetting breach of fiduciary duty.

count where BFMC's
es of honesty, loyalty,
attorney trust account
ect in the near future.¶

ng the investors to their
ations to BFMC.
nce, to Rothstein in his¶

o BFMC.
nent against DEBRA
ch further relief as the¶

DUCTIARY DUTY¶

hs 1 through 121 as if
uty.
count where BFMC's
es of honesty, loyalty,
ust account containing
future, Rothstein had¶

1648. [REDACTED] was aware that as trustee of the attorney trust a
      purported settlement funds were deposited, Rothstein had fiduciary duti
      and care to BFMC. [REDACTED] was also aware that as trustee of the
      containing the funds to which BFMC had an exclusive right to coll
      Rothstein had fiduciary duties of honesty, loyalty, and care to BFMC.

1649. [REDACTED] was aware that Rothstein was financially exploiti
      detriment, and was aware that Rothstein was breaching his fiduciary oblig

1650. [REDACTED] actively assisted, and provided substantial assista
      financial exploitation of BFMC and his breaches of fiduciary duty.

1651. Villegas's actions have directly caused injury and damage to
      WHEREFORE, BFMC INVESTMENT, LLC, requests judgr
      VILLEGAS for compensatory damages, together with court costs and su
      Court deems proper.

COUNT XCVH213 - AIDING AND ABETTING BREACH OF FI
(against Irene Stay)¶

1652. Plaintiff incorporates the allegations contained in paragraph
      restated herein.

1653. This is a claim for aiding and abetting breach of fiduciary d

1654. Stay was aware that as trustee of the attorney trust ac
      purported settlement funds were deposited, Rothstein had fiduciary duti
      and care to BFMC. Stay was also aware that as trustee of the attorney to
      the funds to which BFMC had an exclusive right to collect in the near
      fiduciary duties of honesty, loyalty, and care to BFMC.

the investors to their
ations to BFMC.¶

ce, to Rothstein in his
BFMC.¶

against IRENE STAY
ief as the Court deems¶

CIARY DUTY¶

hs 1 through 121 as if¶

uty.
count where BFMC's
es of honesty, loyalty,
attorney trust account
et in the near future,¶

g the investors to their
ations to BFMC.
ce, to Rothstein in his¶

BFMC.¶

1655. Stay was aware that Rothstein was financially exploiting
      detriment, and was aware that Rothstein was breaching his fiduciary obliga-

1656. Stay actively assisted, and provided substantial assistance
      financial exploitation of BFMC and his breaches of fiduciary duty.

1657. Stay's actions have directly caused injury and damage to B
      WHEREFORE, BFMC INVESTMENT, LLC, requests judgment
      for compensatory damages, together with court costs and such further rel
      proper.

COUNT 214 - AIDING AND ABETTING BREACH OF FIDU-
(against Andrew Barnett)¶

1658. Plaintiff incorporates the allegations contained in paragraph
      restated herein.

1659. This is a claim for aiding and abetting breach of fiduciary d

1660. Barnett was aware that as trustee of the attorney trust ac-
      purported settlement funds were deposited, Rothstein had fiduciary duty
      and care to BFMC. Barnett was also aware that as trustee of the
      containing the funds to which BFMC had an exclusive right to colle-
      Rothstein had fiduciary duties of honesty, loyalty, and care to BFMC.

1661. Barnett was aware that Rothstein was financially exploiting
      detriment, and was aware that Rothstein was breaching his fiduciary obliga-

1662. Barnett actively assisted, and provided substantial assistance
      financial exploitation of BFMC and his breaches of fiduciary duty.

1663. Barnett's actions have directly caused injury and damage to

WHEREFORE, BFMC INVESTMENT, LLC, requests judgment against ANDREW BARNETT for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT 215 - BREACH OF FIDUCIARY DUTY
(against Scott Rothstein)¶

1664. Plaintiff incorporates the allegations contained in paragraphs 1 through 407121 as if restated herein.

1665. This is a claim for breach of fiduciary duty.

1666. As trustee of the attorney trust account where BFMC's purported settlement funds were deposited, Rothstein had fiduciary duties of honesty, loyalty, and care to BFMC. Additionally, as trustee of the attorney trust account containing the funds to which BFMC had an exclusive right to collect in the near future, Rothstein had fiduciary duties of honesty, loyalty, and care to BFMC.

1667. Rothstein breached his fiduciary duties by raiding the RRA trust accounts for his personal use.

1668. Rothstein's actions have directly caused injury and damages to BFMC.

WHEREFORE, BFMC INVESTMENT, LLC, requests judgment against SCOTT ROTHSTEIN for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT XCVH216 - BREACH OF FIDUCIARY DUTY
(against TD Bank, N.A.)¶

1669. Plaintiff incorporates the allegations contained in paragraphs 1 through 407121 as if restated herein.

). This is a claim for breach of fiduciary duty.¶

I. At all times material hereto. Spinosa was acting in the scope of his employment as ice President of TD Bank.¶

Z. ja_ Florida. a hank assumes a fiduciary duty with its customer under special :es where the bank knows or has reason to know that the customer is placing tnist and in the bank and is relying on the bank to so counsel and inform him, Under the :es outlined above, whereby 'ID Bank knew that BFMC was relying on Spinosa' to BFMC of the precautions in place to prevent improper withdrawals f¶

) Bank was a fiduciary of BFMC and owed BFMC the fiduciary duties \ care.¶

3. TD Bank breached its fiduciary duties through the actin r Cmployees by ring or actively assisting and providing substantial ploitation of BFMC. o Rothstein in its

4. TD Bank's actions have directly caused ini ry an damage to BFMC.

EREFORE, BFMC INVESTMENT, L requests judgment atminst TD BANK mmensatory damages. toecther courilcosts and such further relief as the Court COUNT X(.:.4. qaNG AND ABETTING FRAUD¶

Spinosa,¶

5. Plaintiff incorporates the allegations contained in paragraphs I through 1447121 as

i. This is a claim for aiding and abetting fraud.¶

167¶

167¶

Regional V¶

167¶

circumstam¶

confidence¶

circumstam¶

assurances¶

account. T1¶

loyalty, and¶

167:¶

either igno:¶

financial ex¶

Wli¶

deems prop¶

if restated h¶

1674¶

ribed more fully above, the deals in which BFMC invested were bogus rating a Ponzi scheme through his firm, RRA, and through TD Bank.¶

knew of Rothstein's fraudulent scheme.¶

actively assisted, and provided substantial assistance, to Rothstein in his of BFMC through fraud. Spinosa's assistance included, but was not BFMC with false bank account statements and misleading and untrue cerning the settlement accounts.¶

's actions have directly caused injury and damage to BFMC.¶

BFMC INVESTMENT, LLC, requests judgment against [REDACTED] A satory damages, together with court costs and such further relief as the¶

COUNT #218 - AIDING AND ABETTING FRAUD
(against TD Bank, N.A.)¶

incorporates the allegations contained in paragraphs 1 through #07121 as claim for aiding and abetting fraud.¶

ribed more fully above, the deals in which Razorback invested were bogus rating a Ponzi scheme through his firm, RRA, and through TD Bank.¶

mes material hereto Spinosa was acting in the scope of his employment knew of Rothstein's fraudulent scheme.¶

c, through Spinosa, actively assisted, and provided substantial assistance, financial exploitation of BFMC through fraud. TD Bank's assistance¶

1677. As desc

and Rothstein was ope¶

1678. Spinosa

1679. Spinosa

financial exploitation¶

limited to, supplying¶

written assurances con¶

1680. Spinosa

WHEREFORE¶

SPINOSA for compe¶

Court deems proper.¶

C¶

1681. Plaintiff

if restated herein.¶

1682. This is a

1683. As desc

and Rothstein was ope¶

1684. At all i

for TD Bank.¶

1685. TD Ban

1686. TD Ban

to Rothstein in his f¶

included, but was not limited to, providing false documentation to BFMC that the RRA trust accounts contained substantial funds when they did not and supplying investors with misleading and untrue written assurances concerning the settlement accounts.¶

1687. TD Bank's actions have directly caused injury and damage to BFMC.

WHEREFORE, BFMC INVESTMENT, U.C. requests judgment against BANK, N.A., for compensatory damages. together with court costs and such further re S as the Court deems proper. CO¶

iS 4)9¶

?S e¶

r¶

C¶

—¶

ricS '714r Nis)¶

rch safeguards existed.¶

actions have directly caused injury and damage to BF¶

BFMC INVESTMENT, LLC, requests ju ainst DAVID¶

don/ damages, Nether with court costs and further relief as the¶

IUNT (4219 - AIDING AND ABETTING FRAUD (against David Roden)¶

incorporates the allegations contained inparagraphs I through 107121 as¶

claim for aiding and abetting fraud.¶

ribed more fully above, the deals in which BFMC invested were bogus¶

ating a Ponzi scheme through his firm, RRA, and through TD Bank.¶

new of Rothstein's fraudulent scheme.¶

ictively assisted, and provided substantial assistance, to Rothstein in his f BFMC through fraud. Boden's assistance included, but was not limi "14" /e<2¶

o BFMC that there were safeguards in place to protect its deposit tit 1 h¶

( S'\¶

UNT 4241220 - AIDING AND 'TINGFRAUD (against Debra Nil¶

incorporates the alleg aincd in paragraphs I through 447121 as¶

claim for aiding and abetting fraud.¶

ibed more fully above, the deals in which BFMC invested were bogus¶

ring a Ponzi scheme through his firm, RRA, and through TD Bank.¶

04¶

rei¶

1688. Plaintiff

if restated herein.¶

1689. This is

1690. As desc

and Rothstein was ono¶

1691. Roden k

1692. Bodcn k

financial exoloitation o¶

to, making assurances t¶

time knowing that no si¶

1693. Boden's

WHEREFORE,¶

BODEN for comnensr¶

Court deems proper.¶

QQ¶

1694. Plaintiff

if restated herein.¶

1695. This is a

16%. As desc.¶

and Rothstein was oper¶

knew of Rothstein's fraudulent scheme.¶

actively assisted, and provided substantial assistance. to Rothstein in his¶

of all of the investor victims of Rothstein's Ponzi scheme, including¶

iv furnishing false bank account statements and wire transfers to investors¶

rm to invest despite having actual or constructive knowledge that the¶

ai scheme.¶

's actions have directly caused injury and damage. to BFMC.¶

BFMC INVESTMENT, LLC. requests judgment against DEBRA¶

nsatory damages, together with court costs and such further relief as th¶

incorporates the allegations contained in paragraphs 1 ? 7121 as ,4ictig,¶

l efl (41-1221- AIDING AND ABETTING FRAUD 4 (against An drew Barnittlrene Stay)¶

C <<) claim for aiding and abetting fraud.¶

ribed more fully above. the deals in wh1 MC invested were bogus¶

sting a Ponzi scheme through hi ,_RRA, and through TD Bank.¶

w of Rothstein's fraudulent¶

ively _assisted, and pro substantial assistance, to Rothstein in his¶

3f all of the investor victims of Rothstein's Ponzi scheme. including¶

'v furnishing false hank account statements and wire transfers to investors¶

m to invest despite having actual or constructive knowledge that the¶

zi scheme.¶

os¶

1697. Ville2as

1698. VIM:gib

financial exploitation¶

BFMC. through fraud I¶

in order to induce tht¶

investments were a Por¶

1699. Ville as

WHEREFORE.¶

VILLEGAS for comnc¶

Court deems proper.¶

CO¶

1700. Plaintiff

if restated herein.¶

1701. This is

1702. As desc

and Rothstein was over¶

1703. Stay kne

1704. Stay act

financial exploitation¶

BFMC. through fraud 1¶

in order to induce the¶

investments were a Pon¶

njury and damage to BFMC.¶

I.C. requests judgment against IRENE STAY¶

sts and such further relief as the Court deems¶

0 ABETTING FRAUD w Barnett)¶

s contained in paragraphs I through 121 as if¶

ig fraud.¶

deals in which BFMC invested were bogus¶

th his firm, RRA, and through TD Bank.¶

ent scheme.¶

ded substantial assistance. to Rothstein in his¶

ims of Rothstein's Ponzi scheme, includingC¶

led. but was not limited to, supplying BFMC¶

LUC. requests judgment against ANDREW¶

Frith court costs and such further relief as the¶

1705. Stay's actions have directly caused

WHEREFORE, BFMC INVESTMENT. L¶

for compensatory damages. together with court cc¶

proper.¶

AU' NT 222 - AIDING AN (against Andre¶

1706 ' incorporates the allegation¶

restate.¶

c and Rothstein was operating a Ponzi scheme throw¶

1707. This is a claim for aiding and abettii

1708. As described more fully above, the

1709. Barnett knew of Rothstein's fraudul

1710. Barnett actively assisted, and provi

financial exploitation of all of the investor vict¶

BFMC. through fraud. Bamett's assistance inclw¶

with false information about the identity of the¶

settlement despite having actual or constructive k¶

Ponzi scheme.¶

1711. Barnett's actions have directly Gauss

WHEREFORE, BFMC INVESTMENT,¶

BARNEIT for compensatory damages. together 1¶

Court deems proper.¶

Amended Complaint¶

VT C4-V223 - CONVERSION against Scott Rothstein)¶

the allegations contained in paragraphs 1 through 40-7121 as¶

aversion.¶

idly above. the deals in which BFMC invested were bogus¶

i scheme through his firm, RRA, and t rough TD Bank. In¶

.othstein exercised unauthorized dominion and control over¶

onded with BFMC's $2,400.000.00 in funds.¶

m of BFMC's funds has oennanently deprived BFMC of its¶

no 'nitiall fled th ountr after e i r in out the t¶

make demand upon him for the return of its proven¶

the directly caused injury and damages to BFMC¶

VESTMENT. LLC, requests judgme nst SCOTT¶

rases, together with court costs ch further relief as the¶

0¶

IDING ANILABETT qc NVERSION against =Spinosa) r¶

the allegations contained in paragraphs I through 444121 as¶

ing and abetting conversion.¶

1712. Plaintiff incorporate;

if restated herein.¶

1713. This is a claim for co

As described more¶

hs ein was o ratin a Potu¶

eran • of he P zi scheme¶

the property of BFMC when he ahsc¶

1715. Rothstein's convcrsit

property.¶

1716. Based upon Rothsteit

accounts, any attempts by BFMC to¶

be futile.¶

1717. Rothstein's actions th

WHEREFORE. BFMC IN¶

ROTHSTEIN for compensatory dan¶

Court deems prover.¶

COUNT C-3424 - A¶

1718. Plaintiff incorporates

if restated herein.¶

1719. This is a claim for aic

1720. As described more fully above, the deals in which BFMC invested were bogus MI Rothstein was operating a Ponzi scheme through his firm. RRA. and through TD Bank. in urtherance of the Ponzi scheme. Rothstein exercised unauthorized dominion and control over he property of BFMC when he absconded with 133's $2,400.000.00 in funds.

1721. Rothstein's conversion of BFMC's funds has permanently deprived property.

1722. Based upon Rothstein having initially fled the country after emptyin Put st accounts, any attempts by BFMC to make demand upon him for the return of its nr a4 would be futile.

1723. Spinosa actively assisted, and provided suhstantia 41s, c. to Rothstein in either temporarily or permanently depriving BFMC of its tic by deceiving BFMC into turning its property over to Rothstein under false pretcn. .

1724. apinosa's actions have directly cau in and damages to BFMC.

WIIEREFORE. BFMC INVESTMF. T. L . requests judgment against A. SPINOSA for compensatory damazes o ether with court costs and such further relief as the Court deems proper.¶

COUNT Cri (against 'ED Bank, N.A.) - MG AND ABETTING CONVERSION¶

1725. Plaintit rHues the allegations contained in paragraphs I through 4-07-121 as if restated herein.

1726. This is a claim for aiding and abetting conversion.

1727. As described more fully above, the deals in which BFMC invested were bogus and Rothstein was operating a Ponzi scheme through his firm. RRA. and through Ti) Bank. In of the Ponzi scheme. Rothstein exercised unauthorized dominion and control over of BFMC when he absconded with BFMC 52.400.000.00 in funds.

1728. Rothstein's conversion of BFMC's funds has permanently deprived BFMC of its

). Based upon Rothstein having initially fled the country after emptying out the trust ty attempts by BFMC to make demand upon him for the return of its property would¶

O¶

). At all times material hereto Spinosa was acting in the scope of his empl enC¶

k.¶

I. TD Bank. through its employees while acting within their¶

t. actively assisted. and provided substantial assistance. in either or permanently depriving BFMC of its property by t othstein to make d withdrawals of its funds and by deceiving BFM ng its property over to ider false pretenses.¶

1. TO Bank's actions have directly cans t Ajury iv and damages to BFMC,

5REFORE. BFMC 1NVESTME . requt s judgment against TO BANK N.A.. for ry damages. together with and such further relief as the Court deems¶

COUNT CV-11226 - AIDING AND ABETTING CONVERSION (against David Boden)¶

. Plaintiff incorporates the allegations contained in paragraphs I through 40;121 as :rein.¶

. This is a claim for aiding and abetting conversion.¶

furtherance¶

the propert'¶

172¶

property.¶

172'¶

accounts. ai¶

be futile.¶

1731¶

for TO Ban,¶

173¶

emPlovmen¶

temporarily¶

unauthorize¶

Rothstein tit¶

173:¶

W ill¶

compensato¶

proper.¶

17K¶

if restated h. 1734¶

Abed more fully above, the deals in which BFMC invested were bogus !rating a Ponzi scheme through his firm, RRA, and through TD Bank. In tzi scheme, Rothstein exercised unauthorized dominion and control over m he absconded with BFMC's $2.400,000.00 in funds¶

in's conversion of BFMC's funds has permanently deprived BFMC of its pon Rothstein having initially fled the country after emptying out the trust by BFMC to make demand upon him for the return of its property would¶

fictively assisted, and provided substantial assistance, to Rothstein i entiv depriving BFMC of its property by deceiving BFMC in tein under false pretenses. its¶

actions have directly caused injury and damages t . BFMC INVESTMENT. LLC, reguests gm against DAVID atop/ damages. together with court cos i • iiir, nd such further relief as the¶

LCA-144227 - AIDING AN t TRNG CONVERSION (against De asi¶

incorporates the allega •.ns contained in paragraphs I through 44)7121 as I claim for aiding and abettingconversion.¶

ribed more fully above. the deals in which BFMC invested were bogus minx a Ponzi scheme through his firm. RRA, and through TD Bank. In cos¶

1735. As des; and Rothstein was opt furtherance of the Pot the property of D3 whi

1736. Rothste property,

1737. Based accounts, any attempts he futile.

1738. Soden j temporarily or perman property over to Roths

1739. Boden':

WHEREFORE BODEN for cornoens Court deems proper.¶

COUNT¶

1740. Plaintifl if restated herein.

174i. This is;¶

1742. As deg and Rothstein was ope

furtherance of the Ponzi scheme. Rothstein exercised unauthorized dominion and control over the property of D3 when he absconded with BFMC's $2,400,000.00 in funds.¶

1743. Rothstein:s conversion of BFMC's funds has permanently deprived BFMC of its property.

1744. Based upon Rothstein having initially fled the country after empty' the trust accounts. any attempts by BFMC to make demand to n him for the return S 1 operty would he futile. yy

1745. actively assisted, and provided substantial alhietttnce, to Rothstein in either temnorarily or permanently depriving BFMC of itsnr t1 by deceiving BFMC into A turning its property over to Rothstein under false pretgn

1746. actions have directly cpt d ury and damages to BFMC.

1747. WHEREFORE. BFMC INV . LLC. requests judgment against DEBRA for comnensatory dama, er with court costs and such further relief as the Coto deemsproDer.

COUNT E X228 RIDING AND ABETTING CONVERSION *rut Andrew Barnetdrene Stayl¶

1748. PI if restate incorporates the allegations contained in paragraphs I through 407111 as

1 s is a claim for aiding and abetting conversion.¶

1750. As described more fully above, the deals in which BFMC invested were bogus and Rothstein was operating a Ponzi scheme through his firm. RRA. and through TD Bank. In furtherance of the Ponzi scheme. Rothstein exercised unauthorized dominion and control over the property of D3 when he absconded with BFMC's $2,400,000.00 in funds.

1751. Rothstein's conversion of BFMC's funds has permanently deprived BFMC of its property.

1752. Based upon Rothstein having initially fled the country after emptying out th trust accounts, any attempts by BFMC to make demand upon him for the return of its property would be futile.

1753. Stay actively assisted, and provided substantial assistance. temporarily or permanently depriving BFMC of its property by deceivjttZe property over to Rothstein under false pretenses. girt in either into turning its

1754. Stay's actions have directly caused injury a to BFMC.

1755. WHEREFORE. BFMC INVESTMENT A F4 STAY for compensatory damages. together w" deems proper. Quests lodgment against IRENE <u osts and such further relief as the Court

COUNT 229 - AIDING AND ABETTING CONVERSION (agains/ Andrew Barnett)¶

1756. Plaintiff itteolvol'rwittieYallegations contained in paragraphs I throat 121 as if

▪ This is a claim for aiding and ng conversion.¶

. As described more fu the deals in which BFMC invested were bogus¶

n was operating a Pon eme through his firm. RRA. and through TD Bank. In¶

of the Ponzi scheme. Rothstein exercised unauthorized dominion and control over¶

of BFMC when he absconded with BFMC's $2.400.000.00 in funds.¶

. Rothstein's conversion of BFMC's funds has permanently deprived BFMC of its¶

restated heft¶

I 7 5;¶

175E¶

and Rothste¶

furtherance¶

the property¶

175S¶

property.¶

1760. Based upon Rothstein having initially fled the country after emptying out the trust accounts, any attempts by BFMC to make demand upon him for the return of its property would be futile.

1761. parneu actively assisted, and provided substantial assistance, to Rothstein in either temporarily or permanently depriving BFMC of its property by deceivin MC into turning its property over to Rothstein under false pretenses.

1762. Barnett's actions have directly caused injury and dama •

WHEREFORE, BFMC INVESTMENT. LLC. request 'ud 1 against ANDREW BARNETT for compensatory damages, together with co o d such further relief as the Cowl deems proper. ,c )¶

COUNT CX230 - N PERVI N¶

1763. Plaintiff incorporates the if restated herein. contained in paragraphs I through 447121 as

da( ') 1764. This is a claim fo gent supervision.¶

1765. As deesscribe fully above, Spinosa participated. with actual or constructive knowledge, in R n's Ponzi scheme. Spinosa's participation included. hut was not limited to. providi with false information concerning the amounts deposited in RRA trust accounts s pplying investors with misleading and untrue written assurances concerning the settlement accounts.

1766. In reliance on Spinosa's representations, on October 15, 2009. BFMC wired $2,400,000.00 to RRA's TD Bank account.

1767. BFMC's reliance on Spinosa's -presentations was reasonable and justified.

1768. TD Bank owed a duty to BFMC 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 raided by Rothstein.

1769. TD Bank breached its duties to BFMC because it had actual or cons ve notice that its assistant manager and assistant vice president and branch n a S were either fraudulently or negligently Participating in a scheme which resulted i of investors' deposits. and acted unreasonably by Milins to hives ate Cc corrective action. horized raiding

1770. As a direct and proximate result of TD corrective action against Spinosa, BFMC has sustain ure to investigate or take

WHEREFORE. BFMC INVESTMENT N.A., for compensatory damages, together ith rt costs and such further relief as the Court deems proper. nests judgment against TD BANK¶

COUreirC*2 ¹ I - CIVIL CONSPIRACY (against Scott Rothstein)¶

1771. Plaintiffs incorporate the allegations contained in paragraphs I through 44111 as if restated herein.(S s"

177%.a claim for civil conspiracv,¶

s described more fully above. Rothstein. Spinosa Kerstetter. Caretsky, Boden Mg Barnett. Stay. Preve. onti-Szfranski. Levin. TD Bank, Onyx. Banvon USVI. B1F, and Berenfeld knowingly acted in concert to market and implement the illegal Ponzi scheme. In doing so, Rothstein acted with full knowledge and awareness that the activities of his and the other co-conspirators were designed to give the false impression of the existence of legitimate¶

investment opportunities when in fact the investments were no more than his own blatant fabrications.¶

1774. Rothstein, Spinosa, Kerstetter, Caretsky, Boden, [REDACTED], Barnett, Stay, Preve, and Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and Berenfeld acted in their respective roles, as described supra, according to a predetermined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors, including Plaintiffs.

1775. The overt acts of Rothstein, Spinosa, Kerstetter, Caretsky, Boden, Villegas, Barnett, Stay, Preve, and Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and Berenfeld were contrary to law, as stated above.

1776. There was a meeting of the minds between and among Rothstein, Spinosa, Kerstetter, Caretsky, Boden, [REDACTED], Barnett, Stay, Preve, Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and Berenfeld, and other individuals and entities, both known and unknown, to commit the unlawful acts alleged herein. This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages.

1777. Rothstein and his co-conspirators' conduct has directly caused injury and damage to Plaintiffs.

WHEREFORE, RAZORBACK FUNDING, LLC; D3 CAPITAL CLUB, LLC; BFMC INVESTMENT INVESTMENT, LLC; LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNASTY TRUST; D&L PARTNERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST; and [REDACTED] KRETSCHMAR request judgment against SCOTT¶

ROTHSTEIN for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

COUNT c,1442,32 - CIVIL CONSPIRACY (against TD Bank, N.A.)¶

1778. Plaintiffs incorporate the allegations contained in paragraph • 1 throe VI as if restated herein.

1779. This is a claim for civil conspiracy.

1780. At all times material hereto, Spinosa was acting in the is employment as Regional Vice President of T.D. Bank.

1781. At all times material hereto. Kerstetter w• s% the scone of her employment as an assistant manager of T.U. Bank.

1782. At all times material hereto. tsks s acting in the scope of her employment as an assistant vice president and brans p a er f TD Bank.

1783. As described mor Rothstein. Roden. ye, TD Bank, acting through its emolovees. and s, Bap t nt1 Stay, Prevc, Szfranski, Levin, Onvx, Bunion USVI, BIF. and Berenfeld kno acted in concert to market and implement the illegal Ponzi scheme. In doin TD Bank acted with full knowledge and awareness that the activities of Rothstein ther co-conspirators were designed to give the false impression of the existence egnimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein.

1784. TD. through its employees. and Rothstein, Soden, M, Barnett. and-Stay, Preve. Szfranski, Levin. Onyx. Bannon USVL BIF, and Berenfeld acted in their respective roles. as described sopra, according to a predetennined and commonly understood and accepte4plan of action all for the purpose of obtaining substantial funds from investors, including Plaintiffs.

1785. The overt acts of TD Bank. Rothstein, Spinosa, Kerstetter, C.aretsky. Boden, a, Barnett. Stay. Prcvc. Szfranski, Levin, Onyx_Banyon USV1, B1F. and PveveBcrenfeld were contrary to law, as stated above.

1786. There was a meeting of the minds between and among TD c•• through its employees, and- Rothstein, Roden, al, Barnett. Stay, Preve, • Levin, Onyx, Banyon USVI. BIF, and Berenfeld, and other individuals and en( i s. nown and unknown, to commit the unlawful acts alleged herein. This conspirac t o it these unlawful overt acts proximately caused and continues to cause Plaintiffs d c

1787. TD Bank's and its co-conspirt .' duct has directly caused injury and damage to Plaintiffs.

WHEREFORE. RAZORBA INALL-434:1:5MFALFINVESTMEN LL. . rA VON ALLMEN: as Trustee of the VON ALLMEN DYNASTY T S PARTNERS. 12:; DAVID VON ALLMEN. as Trustee of the DAVID VON ?S -ME G LIVING TRUST: ANN VON ALLMEN, as Trustee of the ANN VON ALLMF VI TRUST: and KIWTSCHMAR request judgment ',gains' TD BANK, ompcnsatory damages, together with court costs and such further relief as the Court dee roper. G LLC:: D3 CAPITAL CLUB. LLC: BFMC¶

COUNT CX-111233 - CIVIL CONSPIRACY (against Spinosa)¶

1788. Plaintiffs incorporate the allegations contained in paragraphs 1 through 10-7121 as if restated herein.

1789. This is a claim for civil conspiracy.

1790. As described more fully above. Rothstein Spinosa. Kerstetter. Caretsky. Boden, Barnett. Stay. Prove, antt-Szfranski, Levin. 'ID Bank. Onyx, Banyon USV1, BIF. and Berenfeld knowingly acted in concert to market and implement the illegal Ponzi scheme. In doing so, Spinosa acted_with full knowledge and awareness that the activities of the other co-conspirators were designed to give the lake impression existence of legitimate investment opportunities when in fact the investments w te n re than blatant fabrications by Rothstein.

1791. Rothstein, Spinosa. Kerstetter. Caretsky. B las, Burnett. Stay. Prove, itnti-Szfranski, Levin, TD Bank, Onyx. Banyon and Berenfeld acted in their respective roles, as described supra. according t ermined and commonly understood and accepted plan of action all for the putQo e o mining substantial funds from investors, including Plaintiffs.

1792. The overt acts of ein, Spinosa. Kerstetter. Caretsky, Widen. IMMI. Barnett. Stay, Prove. and. fransla. Levin, TD Bank. Onyx, Banyon USVI, BIF. and Berenfeld were contrary to la s sta above.

1793. a meeting of the minds between and among Rothstein. Spinosa, Kcmtett Boden, M, Barnett. Stay, Preve. Szfranski, Levin, TD Bank, Onyx, Banyan US I, BIF, and Berenfeld, and other individuals and entities, both known and unknown, to commit the unlawful acts alleged herein. This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages.

1794. Sninosa's and his co-conspirators' conduct has directly caused injury and damage to Plaintiffs.

WHEREFORE. RAZORBACK FUNDING. LLC; D3 CAPITAL CLUB, LK • BFMC 141-V1i84-144144-TusIVESTMENT, LUC7: LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNASTY TRUST:: D&L PARTNERS. LP; DAVID VON ALLMEN rustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN, as i of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR gment against SPINOSA for compensatory damages, together with eoyLt co d such further relief as the Court deems Droner.¶

COUNT 4.11-1V234 1V1¶

1795. Plaintiffs incorporate the alle anted in paragraphs 1 through 441-712 as if restated herein.

1796. This is a claim for racy.

1797. As described mo above. Rothstein. Spinosa. Kerstetter, Careisky, M, Barnett. Stay Szfranski. Levin, TD Bank. Onyx, Banvon USW, B1F, and Berenfeld know' etc() in concert to market and implement the illegal Ponzi scheme. In doing so. red with full knowledge and awareness that the activities of Rothstein and the oche o-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein.

1798. Rothstein, Spinosa. Kerstetter. Caretsky. Roden, Barnett. Stay, Preve, und—Szfraliski. Levin. ID Bank, Onyx, Banyon USVI. BIF. and Berenfeld acted in their

respective roles, as described above supra. according to a predetermined and commonly understood and accepted plan of action all for the pluose of obtaining substantial funds from investors. including Plaintiffs.¶

1799. The overt acts of Rothstein. Spinosa. Kerstetter. Caretsky, Boden. M s Barnett. Stay. Pity& and-Szfranski. Levin. 'I'D Bank, Onyx. Banyon USV1. MP. and k erenfeld, were contrary to law, as stated above.

ACZ" 1800. There was a meeting of the minds between and a o stein. Spinosa, Kerstetter, Caretsky, Boden, M. Barnett. Stay. Preve. Si! ski in. TD Bank. Onyx, Banyon USVI, MR and Berenfeld, and other individuals both known and unknown, lo commit the unlawful acts alleged herein. This con mmit these unlawful overt acts proximately caused and continues to cause Plai I ages.¶

1801. Kerstetter's and her co-cons i conduct has directly caused injury and damage to Plaintiffs.

WHEREFORE. RAZO IND1NG. LW:: D3 CAPITAL CLUB. LLC:. BFMC INVEST INVEST ENT, .; LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNAS t TR T:: D&L PARTNERS. LP-: DAVID VON ALLMEN. as Trustee of the DAVID V EN LIVING TRUST; ANN VON ALLMEN. as Trustee of the ANN VON ALL IVING TRUST; and KRETSCHMAR request judgment against JENNIFER RSTETTER for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT (24;-V-235 - CIVIL CONSPIRACY (against Roseanne Caretskvl¶

1802. Plaintiffs incorporate the allegations contained in paragraphs I through 447)21 as if restated herein.

1803. This is a claim for civil conspiracy.

1804. As described more fully above, Rothstein. Spinosa, Kerstetter. Caretsky. Boden, M, Barnett. Stay. Preve. and- Szfranski Levin TD Bank Oi x Ban on BIF Recent°Id knowingly acted in concert to market and implement the illegal i sc cme. In doing so. Caretsky acted with full knowledge and awareness that the w) 1 of Rothstein and the other co-conspirators were designed to give the false imp • of the existence of legitimate investment opportunities when in fact the i v s were no more than blatant fabrications by Rothstein.

1805. Rothstein, Spinosa. Kerstetter, "e14 • Boden Red--Szfranski. Levin. TD Bank. Onyx. n 11SVI. BIF. and Berenfeld acted in their respective roles, as described supra accepted plan of action all rposc of obtaining substantial funds from investors, including Plaintiffs. a predetermined and commonly understood and Barnett. Stay, Preve

1806. vert cts of Rothstein, Spinosa. Kerstetter, Caretsky, Roden, M, Barn tt S Szfranski. Levitt. TD Bank. Onyx. Banvon USV1. B1F. and Berenfeld were c stated above.

1: . There was a meeting of the minds between and among Rothstein. Spinosa, Kerstetter. Caretsky, Boden, M, Barnett, Stay. Preve, Szfranski, Levin. TI) Bank. Onyx. Banyon USVI. BM and Berenfeld, and other individuals and entities both known and unknown,¶

to commit the unlawful acts alleged herein. This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages.¶

1808. Caretsky's and her co-conspirators' conduct has directly caused injury and damage to Plaintiffs.

WHEREFORE, RAZORBACK FUNDING, LLC; D3 CAPITAL CLUI BEM(' INVESTIa44-11NVESTMENT, LLG; LINDA VON ALLMEN: as T of the VON ALLMEN DYNASTY TRUST.; D&L PARTNERS. LP,: DAVID VON ALLMEN. as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLS. as Trustee of the ANN VON ALLMEN LIVING TRUST: and request judgment against ROSEANNE CARETSKY for compensatory dam with court costs and such further relief as the Court deems proper.¶

COUNT CSI A rt. CONSPIRACY fwic e se Roden¶

1809. Plaintiffs incorpo •• gations contained in paragraphs I through 4.07121 as if restated herein.

1810. This is a r civil conspiracy.

1811. At'S ribed more fully above. Rothstein. Sninosa. Kerstetter. Caretsky. Boden tay, Preve, fint-t-Szfranski. Levin, I'D Bank. Onyx, Banyon USVI. BM. and Berenfc ingly acted in concert to market and implement the illegal Ponzi scheme. In doing so. Boden acted with full knowledge and awareness that the activities of Rothstein and the other co-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein.

1812. Rothstein. Spinosa, Kerstetter, Caretsky. Boden. Baroett, Stay. Preve. and—Szfranski. Levin. TD Bank. Drys. Banvon USV1. B1F, and Berenfeld acted in their respective roles, as described supra. according to a predetermined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs.

1813. The overt acts of Rothstein. Spinosa. Kerstetter, Caretsk en, Barnett, Stay. Preve. and- Szfranski, Levin. TD Bank. Onyx. Banjo F, and Berenfeld were contrary to law, as stated above.

1814. Thew was a meeting of the minds betw i among Rothstein. Spinosa, Kerstetter. Caretsky, Boden ME, Barnett, Stay ♦tá .franski. Levin, TI) Bank. Onyx, Banvon USVI. BIF, and Berenfeld, and other i 'v ?* s and entities. both known and unknown, omm* the unlawf I cis atl cd h in. spiracv to commit these unlawful overt acts proximately caused and continues t ntiffs damages.

1815. Boden's and hi rotors' conduct has directly caused injury and damage to Plaintiffs.¶

WHEREFORE, R RBACK FUNDING. LLC:: D3 CAPITAL CLUB, LL.C;; BFMC IN-VHSTIAI TMENT. LLC.; LINDA VON ALLMEN: as Trustee of the VON ALLMEN • TY TRUST:. D&L_PARTNERS, LPT; DAVID VON ALLMEN, as Trustee of the D V VON ALLMEN LIVING TRUST; ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING TRUST; and KRETSCHMAR request judgment against DAVID BODEN for compensatory damages. together with court costs and such further relief as the Court deems proper.¶

COUNT CA V-11237 IVIL CON janainst Debra PIRACY¶

1816. Plaintiffs incomorate the allegations contained in paragraphs 1 through 141-7121 as if restated herein.

1817. This is a claim for civil conspiracy.

1818. As described more fully above. Rothstein Spinosa. Kerstetter ' is Boden M . Barnett, Stay, Preve. atitl-Szfranski, Levin, TV Bank. Onyx. VI, BIF, and Berenfeld knowingly acted in concert to market and implement t onzi scheme. In doing so,. acted with full knowledge and awareness < I) e activities of Rothstein and the other co-conspirators were designed to give t al ression of the existence of legitimate investment opportunities when in fac4 tgC tments were no more than blatant \ fabrications by Rothstein.

( S r 1819. Rothstein. Spinosa, Ke retsky. Boden. M. Barnett. Stay. Prey; antl—Szfranski. Levin, TD Ban anyon USVI, BIF, and Berenfeld acted in their respective roles, as described s ra ccordigg to a predetermined and commonly understood and accepted plan of action \ III4o r the purpose of obtaining substantial funds from investors, inc idin¶

overt acts of Rothstein, Spinosa, Kerstetter. Caretsky. Boden, ME, ve ant.4-Szfranski, Levin, TD Bank, Onyx. Banyon USVI. BIF. and Berenfeld were contrary to law, as stated above.¶

1821. There was a meeting of the minds between and among Rothstein, Spinosa, Kerstetter, Caretsky, Soden, Barnett, Stay, Prole, Szfranski, Levin. TV Bank. Onyx, Banyon USVI, BIF, and Berenfeld, and other individuals and entities, both known and unknown,

to commit the unlawful acts alleged herein. This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs damages.¶

1822. to Plaintiffs. and her co-conspirators' conduct has directly caused injury and damage

WHEREFORE. RAZORBACK FUNDING, LLC:• AL CLUB BFMC INAiligEEMEN:FINVESTMENT. LIT:: LINDA VON ALLMEN: as T rtt% of the VON ALLMEN DYNASTY TRUST;Da ARTNERS. LP : • DAVID VO . . as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLM Trustee of the ANN VON ALLMEN LIVING TRUST; and Mi_ KRET A request judgment against DEBRA for compensatory damages. toot' th court costs and such further relief as the Court deems proper¶

4: COUNT C-XN411 N P CY¶

1823. Plaintiffs incorpora gations contained in paragraphs 1 through 145:1121 as if restated herein.

1824. This is a (.. •r civil conspiracy.

1825. NI S,scri more fully above, Rothstein. Spinosa, Kerstetter, Caretsky, Roden, tay, Preve. aril-Szfranski—Levin, ID Bank. Onyx. Banvon USVI. BIE and Beren nigh/ acted in concert to market and implement the illegal Ponzi scheme. In doing so, acted with full knowledge and awareness that the activities of Rothstein and the other co-conspirators were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein.

1826. Rothstein. Spinosa. Kerstetter, Caretskv, Boden, M. Barnett, Stay. Preve au4--Szfranski. Levin. TD Bank, Onyx, Damon USVI. BIF. and Berenfeld acted in their respective roles, as described supra, according to a_predetermined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors including Plaintiffs.

1827. The overt acts of Rothstein. binosa, Ke _letter, Caretsk en.' Villegas Barnett, Stay, Preve. ankl-Sifranski. Levin, TD Bank. Onyx, Bagym ¶ and Berenfeld were contrary to law, as stated above.

1828. There was a meeting of the minds betw among Rothstein. Spinosa, Kerstetter. Caretsky, Boden, Villegas. Barnett Stay ranski, Levin, TD Bank, Onyx, Banyan USV1, BW. and Berenfeld. and other i VI a s nd entities. both known and unknown, to commit the unlawful acts alleged herein. sviracy to commit these unlawful overt acts proximately caused and continues to Miffs damages.

1829. Barnett's and h' 'rotors' conduct has directly caused injury and damage to Plaintiffs.

WHEREFO E, R icAr Z irRBACK FUNDING LI.C.: D3 CAPITAL CLUB, I.LC:. BFMC INVESTENII N TMENT, LLC.: LINDA VON ALLMEN, as Trustee of the VON A LLNIE TY TRUST.; D&L PARTNERS, LP:: DAVID VON ALLMEN, as Trustee of the DAV VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING TRUST: and KRETSCHMAR request judgment against ANDREW BARNET!' for compensatory damages tocther with court costs and such further relief as the Court deems proper.¶

COUNT CX4X239 earl!, CONSPIRACY (against Prevej¶

1830. Plaintiffs incorporate the allegations contained in paragraphs I throu 40;121 as if restated herein.

1831. This is a claim for civil conspiracy.

1832. As described more fully above. Rothstein. SpetifiiettS inosa crstetter. Caretsky, Roden. Barnett, Stay. Preve, rand-Szfranski, Levin an Onyx, Bannon USVI, BI and Berenfeld knowingly acted in concert to implement the illegal Ponzi d awareness that the activities of ;it* Rothstein and the other co-conspirators give the false impression of the existence of legitimate investment op 'tics hen in fact the investments were no more than blatant fabrications by Rothstein. scheme. if In doing so. Preve acted with full kn ,s(t

1833. Rothstein Spin nosa. Kerstetter, Caretsky. Baden, .Barnett, Stav, Preve. tiott-Szfranski. Le Bank, Onyx. Banvon USVI, B1F. and Berenfeld acted in their respective roles. escr supra, according to a predetermined and commonly understood and accepted Upon all for the purpose of obtaining substantial funds from investors, inclu tiffs.

1834. The overt acts of Rothstein. XpitwaSpinosa, Kerstetter, Caretsky. Bolen. M, Barnett, Stay. Preve_ and-Szfranski, Levin, TD Bank, Onyx. Bannon USVI. ME and Berenfeld were contrary to law, as stated above.

I835. There was a meeting of the minds between_ and among Rothstein, Sri-noteSpinosa, Kerstetter. Caretsky, Roden. Villegas, Barnett, Stay. Prevc. Szfranski, Levin, TD Bank. Onyx, Bannon USVI. SW. and Berenfeld, and other individuals and entities, both known and unknown, to commit the unlawful acts alleged herein. This conspiracy to commit these unlawful overt acts proximately caused and continues to cause Plaintiffs da¶

1836. Preve's and his co-conspirators' conduct has directly caused ' nd damage to Plaintiffs.

WHEREFORE. RAZORBACK FUNDING, LLC-: D3 C Pr I,UB, LLC;: BFMC IN-V-Eafi-MEN:FINVF-STMENT, LLC:: LINDA VON as Trustce of the VON ALLMEN DYNASTY TRUST:LISL PARTN VON AL EN as Trustee of the DAVID VON ALLMEN LIVING TRUS N ALLMEN, as Trustee of the ANN VON ALLMEN I V N PREVE for compensat the Court deems proper. CH tat men against together with court costs and such further relief as¶

1837. P restated he s incorporate the allegations contained in paragraphs I through 121 as it'

I clai r for ivil cons irac¶

OUNT 240 - CIVIL CONSPIRACY (against Irene Stav)¶

1839. As described more fully above, Rothstein. Spinosa. Kerstetter. Caretsky. Baden, • Barnett. Stay. Preve. Szfranski, Levin. TO Bank, Onyx, Ballston USVI. B1F, and Berenfeld knowingly acted in concert to market and implement the illeppl Ponzi scheme. In dein so. Stay acted with full knowledge and awareness that the activities of Rothstein and the

were designed to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by¶

in, Spinosa, Kerstetter, Caretsky, Boden, [REDACTED], Barnett, Stay, Preve, Bank, Onyx, Banyon USVI, BIF, and Berenfeld acted in their respective roles, according to a predetermined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors, including¶

ert acts of Rothstein, Spinosa, Kerstetter, Caretsky, Boden, Villegas, Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and Berenfeld were alleged above.¶

was a meeting of the minds between and among Rothstein, Spinosa, Boden, [REDACTED], Barnett, Stay, Preve, Szfranski, Levin, TD Bank, Onyx, and Berenfeld, and other individuals and entities, both known and unknown, lacts alleged herein. This conspiracy to commit these unlawful overt acts continues to cause Plaintiffs damages.¶

and her co-conspirators' conduct has directly caused injury and damage to¶

RAZORBACK FUNDING, LLC; D3 CAPITAL CLUB, LLC; BFMC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY IERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN DYNASTY; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN¶

other co-conspirators investment opportunities Rothstein.¶

1840. Rothstein, Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and Berenfeld were alleged above plan of action all for Plaintiffs.

1841. The overt acts of Rothstein, Spinosa, Kerstetter, Caretsky, Boden, Villegas, Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and Berenfeld were contrary to law, as stated above.

1842. There was a meeting of the minds between Rothstein, Spinosa, Boden, [REDACTED], Barnett, Stay, Preve, Szfranski, Levin, TD Bank, Onyx, and Berenfeld, and other individuals and entities, both known and unknown, to commit the unlawful overt acts continues to cause Plaintiffs damages.

1843. Stay's conduct has directly caused injury and damage to Plaintiffs.

WHEREFORE, INVESTMENT, LLC; TRUST; D&L PARTNERS; ALLMEN LIVING T¶

inst IRENE STAY for
ief as the Court deems¶

phs 1 through 121 as if¶

tetter, Caretsky, Boden,
anyon USVI, BIF, and
egal Ponzi scheme. In
ivities of Rothstein and
on of the existence of
no more than blatant¶

, Barnett, Stay, Preve,
cted in their respective
understood and accepted
m investors, including¶

sky, Boden, [REDACTED],
IF, and Berenfeld were¶

LIVING TRUST; and [REDACTED] KRETSCHMAR request judgment ag
compensatory damages, together with court costs and such further re
proper.¶

COUNT 241 - CIVIL CONSPIRACY (against Michael Szfranski)¶

1844. Plaintiffs incorporate the allegations contained in paragra
      restated herein.

1845. This is a claim for civil conspiracy.

1846. As described more fully above, Rothstein, Spinosa, Kers
      [REDACTED], Barnett, Stay, Preve, Szfranski, Levin, TD Bank, Onyx, B
      Berenfeld knowingly acted in concert to market and implement the ill
      doing so, Szfranski acted with full knowledge and awareness that the ac
      the other co-conspirators were designed to give the false impressio
      legitimate investment opportunities when in fact the investments were
      fabrications by Rothstein.

1847. Rothstein, Spinosa, Kerstetter, Caretsky, Boden, Villega
      Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and Berenfeld a
      roles, as described supra, according to a predetermined and commonly u
      plan of action all for the purpose of obtaining substantial funds fro
      Plaintiffs.

1848. The overt acts of Rothstein, Spinosa, Kerstetter, Care
      Barnett, Stay, Preve, Szfranski, Levin, TD Bank, Onyx, Banyon USVI, L
      contrary to law, as stated above.

1849. There was a meeting of the minds between and among Rothstein, Spinosa. Caretsky, Borten. Villegas, Barnett. Stay, Preve, Szfranski. Levin, TD Bank, Onyx, LVI. BIF. and Bcrenfeld. and other individuals and entities, both known and unknown, the unlawful acts alleged herein. This conspiracy to commit these unlawful overt acts v caused and continues to cause Plaintiffs damages.

i0. Szfranski and his co-conspirators' conduct has directly caused injury and damage OS S.¶

IEREFORE. RAZORBACK FUNDING. LLC: D3 CAPITAL CLUB. LLC: ,ENT, LLC: LINDA VON ALLMEN as Trustee of the VON ALLME )8tl. PARTNERS, LP: DAVID VON ALLMEN. as Trustee of VII) VON LIVING TRUST: ANN VON ALLMEN, as Trustee of th N ALLMEN TRUST: and KRETSCHMAR request gainst MICHAEL KI for compensatory damages. together with cou such further relief as the is proper.¶

COUNT 242 - CIVILtCQNSPIRACY (aaainst Onyx auement)¶

• I. Plaintiffs incorporate the L
• 2. This is a claim for civil conspiracy. s contained in paragraphs 1 through 121 as if
• 3. At all times material hereto. Szfranski was acting in the scope of his employment : of Onyx.
• 4. As described more fully above. Onyx. through Szfranski, and Rothstein. Spinosa, ,7aretsky. Baden, M, Barnett. Stay, Preve, Levin, TD Bank, Bannon USVI. BIF,

I* Kerstetter Panyon to commit proximate¶

18 to Plaintif. WI¶

INVESTIV TRUST; I ALLMEN LIVING SZFR ANS Court deeu¶

18! restated he 18! 18! as presider 18! Kerstetter,¶

and Berenfeld knowingly acted in concert to market and implement the illegal Ponzi scheme. In doing so. Onyx acted with full knowledge and awareness that the activities of Rothstein and the other co-conspirators were designed_ to give the false impression of the existence of legitimate investment opportunities when in fact the investments were no more than blatant fabrications by Rothstein.¶

1855. Rothstein. Spinosa, Kerstetter, Caretsky, Boden. Villegas. B tag. Preve, Szfranski, Levin. TD Bank. Onyx. Banvon USVI, MK and Berenfeld • -te eir respective roles, as described supra. according to a predetermined and coin ulNixSuxtd and accepted plan of action all for the purpose of obtaining substanti Plaintiffs. m investors. including

1856. The overt acts of Rothstein. Spi letter. Caretsky. Roden. a Barnett. Stay. Prove, Szfranski, Levin. TD B Banvon USVI. BIF. and Berenfeld were contrary to law, as stated above.

1857. There was a meeti of t bfiunds between and among Onyx, through Szfranski, and Rothstein. Spinosa. Ke ter. Ca6tsky, Baden, _.Barnett, Stay. Preve. Levin. TD Bank. Banyan USVI IF, and Berenfeld. and other individuals and entities, both known and unknown, to co lawful acts alleged herein. This conspiracy to commit these unlawful overt acts v caused and continues to cause Plaintiffs damages.

1858. nvx's and its co-conspirators' conduct has directly caused injury and damage to Plaintiffs.

WHEREFORE. RAZORBACK FUNDING. LLC: D3 CAPITAL CLUB, I.LC: BFMC INVESTMENT, LINDA VON AI.LMEN as Trustee of the VON ALLMEN DYNASTY¶

TRUST: D&L PARTNERS. LP: DAVID VON ALLMEN, as Trustee of the DAVID VON ALLMEN LIVING TRUST: ANN VON ALLMEN. as Trustee of the ANN VON ALLMEN LIVING TRUST: and ICRETSCHMAR request judgment against ONYX CAPITAL MANAGEMENT for compensatory damages, together with court costs and such further relief as the Court deems proper.¶

caur riRA a inst G. Levin)¶

1859. Plaintiffs incorporate the allegations contained in par, 1 through 121 as if restated herein.

1860. This is a claim for civil conspiracy.

1861. As described more fully above. Rot1Cein mosa, Kerstetter, Caretskv, Boden, M., Barnett. Stay, Preve, Szfranski, Tp Bank. Onyx. Banvon USVI. BT. and Berenfeld knowingly acted in concert arket and implement the illegal Ponzi scheme. In doing so, Levin acted with full k • rid awareness that the activities of Rothstein and the other co-conspirators were desi o give the false impression of the existence of legitimate investment opportunities fact the investments were no more than blatant fabrications by Rothstein.,

18 tein. Spinosa. Kerstetter, Careisky, Boden, Villegas, Barnett, Stay. Preve, Szfrans v • TD Bank, Onyx, Banvon USVI, MK and Berenfeld acted in their respective roles, as described st nra. according to a predetermined and commonly understood and accepted plan of action all for the purpose of obtaining substantial funds from investors, including Plaintiffs.¶

ert acts of Rothstein, Spinosa, Kerstetter, Caretsky, Boden, [REDACTED], Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and Berenfeld were alleged above.¶

was a meeting of the minds between and among Rothstein, Spinosa, Boden, [REDACTED], Barnett, Stay, Preve, Szfranski, Levin, TD Bank, Onyx, and Berenfeld, and other individuals and entities, both known and unknown, all acts alleged herein. This conspiracy to commit these unlawful overt acts continues to cause Plaintiffs' damages.¶

and his co-conspirators' conduct has directly caused injury and damage to¶

RAZORBACK FUNDING, LLC; D3 CAPITAL CLUB, LLC; BEMC LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY NERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON RUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN [REDACTED] KRETSCHMAR request judgment against [REDACTED] G. LEVIN for [REDACTED], together with court costs and such further relief as the Court deems¶

COUNT 244 - CIVIL CONSPIRACY
st Banyon Income Fund, LP, and Banyon USVI, LLC¶

incorporate the allegations contained in paragraphs 1 through 121 as if claim for civil conspiracy.¶

1863. The o

Barnett, Stay, Preve,
contrary to law, as sta¶

1864. There

Kerstetter, Caretsky,¶

Banyon USVI, BIF, a
to commit the unlawf
proximately caused an¶

1865. Levin's

Plaintiffs.¶

WHEREFORE¶

INVESTMENT, LLC;
TRUST; D&L PART
ALLMEN LIVING T
LIVING TRUST; and
compensatory damage
proper.¶

(against¶

1866. Plaintif

restated herein.¶

1867. This is

1868. At all times material hereto. Levitt was acting in the scope of his employment ak the chief executive officer of Banyon USVI and BIF.

1869. At all times material hereto. Preve was acting in the scope of his employment as the chief opetating officer or agent of Banyon USVI and BIF.

1870. As described more fully above, Banyon USVI and B1F, through iLs_ plovces and Rothstein. Spinosa. Kerstetter. Caretskytioden. Barnett, S zfranski. TD Dank. Onyx. and Berenfeld knowingly acted in concert to market C • nent the illegal Ponzi scheme. In doing so. Banyon USVI and BIF acted with full km c and awareness that the activities of Rothstein_ and the other co-conspiptto esigned to give the false impression of the existence of legitimate investment tes when in fact the investment{ were no more than blatant fabrications by Rothstdu.

1871. Rothstein. Spinosa. Kerste • t -v. Roden. M, Barnett. Stay. Preve, Szfranski. Levin, TD Bank, Onyx, ytr. VI. BW. and Berenfeld acted in their respective roles, as described supra, actor redetermined and commonly understood and accepted plan of action all for t purpose of obtaining substantial funds from investors, including Plaintiffs.

1872. ' ) - acts of Rothstein. Spinosa. Kerstetter, Careisky. Roden, Villegis, Bartlett Sta c, Szfranski. Levin. TD Bank. Onyx, Banvon USVI. BIF. and Berenfeld were contrary tolQw. as stated above.

1873. There was a meeting of the minds between and among Banvon USVI and BIF, through its employees, and Rothstein Spinosa Kerstetter. Caretsky. Bodo'. . Barnett, Stay. Szfranski. TO Bank. Onyx, and Berenfeld, and other individuals and entities, both known

umit the unlawful acts alleged herein. This conspiracy to commit these extimately caused and continues to cause Plaintiffs damages.¶

USVI's and BIF's and their co-conspirators' conduct has directly caused Plaintiffs.¶

RAZORBACK FUNDING, LLC; D3 CAPITAL CLUB, LLC; BFMC¶

LINDA VON ALLMEN as Trustee of the VON ALLMEN DYNASTY¶

NERS, LP; DAVID VON ALLMEN, as Trustee of the DAVID VON¶

RUST; ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN¶

KRETSCHMAR request judgment against BANYON INCOME¶

VON USVI, LLC., for compensatory damages, together with court costs¶

as the Court deems proper.¶

COUNT 245 - CIVIL CONSPIRACY
(against Berenfeld Spritzer Shechter Sheer, LLP)¶

is incorporate the allegations contained in paragraphs 1 through 121 as if¶

ribed more fully above, Rothstein, Spinosa, Kerstetter, Caretsky, Boden,¶

, Preve, Szfranski, Levin, TD Bank, Onyx, Banyon USVI, BIF, and¶

tected in concert to market and implement the illegal Ponzi scheme. In¶

ed with full knowledge and awareness that the activities of Rothstein and¶

ors were designed to give the false impression of the existence of¶

opportunities when in fact the investments were no more than blatant¶

n.¶

and unknown, to con¶

unlawful overt acts pro¶

1874. Banyo

injury and damage to¶

WHEREFORE¶

INVESTMENT, LLC¶

TRUST; D&L PART¶

ALLMEN LIVING T¶

LIVING TRUST; and¶

FUND, LP, and BAN¶

and such further relief¶

restated herein.¶

1876. This is

1877. As desc

Barnett, Sta¶

Berenfeld knowingly¶

doing so, Berenfeld ac¶

the other co-conspira¶

legitimate investment¶

fabrications by Rothste¶

the¶

Amended Complaint¶

in. Spinosa. Ke letter, Caretsky, Boden. Villegas, Barnett, Stay. Preve,¶

Bank, Onyx, Banyon USVI, BIF, and Berenfeld acted in their respective¶

Pry. according to a predetermined and commonly understood and accepted¶

r the purpose of obtaining substantial funds from investors, including¶

err acts of Rothstein. Spinosa, Kerstetter. Caretsky, Boden. M.¶

pzfranski, Levitt. TD Bank. Onyx. Limon USVI. B1F, and Beret*Id were¶

ed above.¶

was a men f othstein¶

3oden, Villegus, Barnett, Stay. Preve. Szfranski, Levin, TD Bank¶

id Berenfeld. and other individuals and entities, both known a¶

1 acts alleged herein. his conspiracy to commit these t vert acts¶

d continues to cause Plaintiffs damages.¶

ld's and its co-conspirators' conduct has (irectly7Eaused injury and¶

, RAZORBACK FUNDING. L r D3tTAL CLUB. LLC; BFMC¶

\ LINDA VON ALLMEN ee of the VON ALLMEN DYNASTY¶

V siERS. LP; DAVID \ MEN, as Trustee of the DAVID VON¶

(UST: ANN WM ALLMEN, l' Li as Trustee of the ANN VON ALLMEN¶

I KRETSCHMAR request judgment against BERENFELD¶

R SHEER, LLP, for compensatory damages, together with court costs¶

.s the Court deems proper.¶

1878. Rots!

Szfranski, Levin, TD¶

roles, as described su¶

plan of action all A¶

Plaintiffs.¶

1879. The o.

Barnett, Stay. Preve,¶

contrary to law, as star¶

1880. There

Kerstetter, Caretsky, 1¶

Banyon USVI. DIE at¶

to commit the unlawfu¶

proximately caused an.¶

1881. Berenfe

damage to Plaintiffs.¶

WHEREFORE¶

INVESTMENT. LLC;¶

TRUST; D&L PART¶

ALLMEN LIVING T¶

LIVING TRUST: an¶

SPRITZER SHECHT1¶

and such further relief¶

DENLAND FOR JURY TRIAL¶

Plaintiffs hereby demands a trial by jury as to all issues so uiable by rie.ht.¶

CONRAD 8t SCIIERER. LLP¶

Attantevs for Plaintiffs¶

633 South Federal Highway. 8th Floor¶

Fort Lauderdale. Florida 33301¶

Tel: (9541462-5500¶

Fax: (954) 463-9244¶

BY:¶

WILLIANSRER¶

1882. orida Bar No.:

169454¶

.S9¶