filing # 46667693 e-filed 09/20/2016 12:30:33 pm11. defendant, paul feldman, p.a., is a florida...
TRANSCRIPT
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
JAVIER NAVARRO VELASCO, as Trustee of FICREA S.A. DE C.V., SOCIEDAD FINANCIERA POPULAR, (In Liquidation), Plaintiff, v. RAFAEL ANTONIO OLVERA AMEZCUA, RAFAEL ALEJANDRO OLVERA SILVA, SUSANA SILVA TORTOLERO DE OLVERA, LEADMAN TRADE INC, SAMUEL STRAUCH, ALBERTO GALANTE, PAUL FELDMAN, P.A., LAW OFFICE OF JOHN F. FUINI, JR., PC, SERBER & ASSOCIATES, P.A., 2137 HAYES INC, 6308 DUVAL DR INC, ARION GROUP, LLC, CAPITAL LETTER INVESTMENTS, LLC, CREST 1123 CORP., CREST 1411 CORP., CREST 1411-725 CORP., CREST 1412 CORP., CREST 1414 CORP., CREST 1417 CORP., CREST 311 CORP., CREST 322 CORP., CREST 818 CORP., ELEANOR ASSET LLC, HIGHLAND SAT INVESTMENTS, LLC, INLAND ASSET CAPITAL, LLC, LT 103 AVENTURA ONE INC, LT 150 OFFICES INC, LT 150 PARKING INC, LT 77 NW 77 INC, LT ARLEN HOUSE LLC, LT ARTECH LLC, LT AVENTURA ONE LLC,
CASE NO: COMPLAINT
Filing # 46667693 E-Filed 09/20/2016 12:30:33 PM
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LT AVONDALE LLC, LT BROWARD PROPERTIES INC, LT COASTAL TOWERS LLC, LT FLORIDA CITY LLC, LT IDEAL APARTMENTS LLC, LT LAKE WORTH INC, LT LAUDERDALE LAKES LLC, LT N 1380 KROME INC, LT RIVIERA BEACH LLC, LT SAN ANTONIO SERIES B LLC, LT SEACOAST LLC, LT W PALM BEACH LLC, LT WELLS HOLLYWOOD LLC, NORTH ASSET CAPITAL LLC, RED KAIZEN INVESTMENTS, LLC, ROA 1406 LLC, ROA BH 2404 LLC, ROA CT LLC, ROA OVERSEAS LLC, ROCKWELL ASSET CAPITAL, LLC, UNIT 901 OCEANVIEW INC., Defendants.
COMPLAINT
COMES NOW the Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of
FICREA S.A. DE C.V., SOCIEDAD FINANCIERA POPULAR, (In Liquidation) by
and through his undersigned attorneys, and sues the Defendants, RAFAEL
ANTONIO OLVERA AMEZCUA, SUSANA SILVA TORTOLERO DE OLVERA,
RAFAEL ANTONONIO OLVERA SILVA, LEADMAN TRADE INC, ALBERTO
GALANTE, SAMUEL STRAUCH, PAUL FELDMAN, P.A., LAW OFFICE OF JOHN
F. FUINI, JR., PC, SERBER & ASSOCIATES, P.A., 2137 HAYES INC, 6308
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DUVAL DR INC, ARION GROUP, LLC, CAPITAL LETTER INVESTMENTS, LLC,
CREST 1123 CORP., CREST 1411 CORP., CREST 1411-725 CORP., CREST
1412 CORP., CREST 1414 CORP., CREST 1417 CORP., CREST 311 CORP.,
CREST 322 CORP., CREST 818 CORP., ELEANOR ASSET LLC, HIGHLAND SAT
INVESTMENTS, LLC, INLAND ASSET CAPITAL, LLC, LT 103 AVENTURA ONE
INC, LT 150 OFFICES INC, LT 150 PARKING INC, LT 77 NW 77 INC, LT ARLEN
HOUSE LLC, LT ARTECH LLC, LT AVENTURA ONE LLC, LT AVONDALE LLC,
LT BROWARD PROPERTIES INC, LT COASTAL TOWERS LLC, LT FLORIDA
CITY LLC, LT IDEAL APARTMENTS LLC, LT LAKE WORTH INC, LT
LAUDERDALE LAKES LLC, LT N 1380 KROME INC, LT RIVIERA BEACH LLC,
LT SAN ANTONIO SERIES B LLC, LT SEACOAST LLC, LT W PALM BEACH LLC,
LT WELLS HOLLYWOOD LLC, NORTH ASSET CAPITAL LLC, RED KAIZEN
INVESTMENTS, LLC, ROA 1406 LLC, ROA BH 2404 LLC, ROA CT LLC, ROA
OVERSEAS LLC, ROCKWELL ASSET CAPITAL, LLC, UNIT 901 OCEANVIEW
INC., and alleges:
Nature of Action
1. This is an action brought by JAVIER NAVARRO VELASCO, as the
court-appointed Trustee for FICREA S.A. DE C.V. SOCIEDAD FINANCIERA
POPULAR (In Liquidation) (“FICREA”), arising out of violations of Florida’s Civil
Remedies for Criminal Practices Act, Florida Statutes § 772.101 et seq.,
Florida’s Uniform Fraudulent Transfer Act, Florida Statutes § 726.101 et seq.,
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requests for injunctive relief pursuant to Florida Statutes § 895.05, and
common-law claims for unjust enrichment/constructive trust, conversion,
breach of fiduciary duty, aiding and abetting breach of fiduciary duty and
injunctive relief.
2. Plaintiff is seeking to recover at least US $65,000,000 stolen from
FICREA by its former principal, who concealed the stolen proceeds and
hindered the recovery thereof by depositing them principally in United States
bank accounts to be used to purchase personal and real property located in
South Florida and elsewhere.
The Parties
3. FICREA was an organization known as a “Sociedad Financiera
Popular” [a micro-finance company] (“SOFIPO”), established in accordance with
the laws of the United Mexican States (“Mexico”).
4. Plaintiff, JAVIER NAVARRO VELASCO (“NAVARRO”), a citizen of
Mexico, has been appointed Trustee of FICREA, which is currently in the
process of liquidation in Mexico. NAVARRO, as Trustee of FICREA, is
empowered with the authority to take any action, including the present action,
to recover assets stolen from FICREA.
5. Defendant, RAFAEL ANTONIO OLVERA AMEZCUA, (“OLVERA
AMEZCUA”) is a resident of Miami-Dade County, Florida.
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6. Defendant, RAFAEL OLVERA SILVA, (“OLVERA SILVA”) is a
resident of Miami-Dade County, Florida. Defendant, OLVERA SILVA, is the son
of Defendant, OLVERA AMEZCUA.
7. Defendant, SUSANA SILVA TORTOLERO DE OLVERA, (“SILVA
TORTOLERO”) is a resident of Miami-Dade County, Florida.
8. Defendant, LEADMAN TRADE INC, is a Florida corporation with its
principal place of business at 20900 Northeast 30th Avenue, Suite 307,
Aventura, Florida 33180.
9. Defendant, ALBERTO GALANTE, (“GALANTE”) is a real estate
broker who maintains his principal place of business at 20533 Biscayne
Boulevard, Suite 373, Aventura, Florida 33180.
10. Defendant, SAMUEL STRAUCH, (“STRAUCH”) is a real estate
broker who maintains his principal place of business at 1680 Michigan
Avenue, Suite 1024, Miami Beach, Florida 33139.
11. Defendant, PAUL FELDMAN, P.A., is a Florida corporation with its
principal place of business at 2750 Northeast 185th Street, Suite 203,
Aventura, Florida 33180.
12. Defendant, LAW OFFICE OF JOHN F. FUINI, JR., PC, is a Texas
professional corporation with its principal place of business at 6243 West
Interstate 10, Suite 590, San Antonio, Texas 78201. The LAW OFFICE OF
JOHN FUINI, JR., PC is subject to the jurisdiction of this Court because it
communicated with individuals within Miami-Dade County, Florida, regarding
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the transfer of proceeds and received proceeds from individuals within Miami-
Dade County, Florida, in furtherance of the scheme to deprive the Plaintiff of
the proceeds at issue and utilized those proceeds to purchase assets as a part
of the scheme described herein.
13. At all times material hereto, Defendant, LAW OFFICE OF JOHN F.
FUINI, JR., PC, although existing as a corporation outside of the State of
Florida, has had and continues to have extensive contacts with the State of
Florida in that:
a.) The Defendant conducts business in the State of Florida;
b.) The Defendant is engaged in substantial and not isolated activities
within the State of Florida;
c.) The Defendant sold the services which are the subject of the
instant action in the State of Florida; and/or
d.) The Defendant provided services which are the subject of the
instant action in the State of Florida.
14. Defendant, SERBER & ASSOCIATES, P.A., is a Florida corporation
with its principal place of business at 2875 Northeast 191 Street, Suite 801,
Aventura, Florida 33180.
15. Defendants,
2137 HAYES INC, 6308 DUVAL DR INC, CREST 1123 CORP., CREST 1411 CORP., CREST 1411-725 CORP., CREST 1412 CORP.,
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CREST 1414 CORP., CREST 1417 CORP., CREST 311 CORP., CREST 322 CORP., CREST 818 CORP., LT 103 AVENTURA ONE INC, LT 150 OFFICES INC, LT 150 PARKING INC, LT 77 NW 77 INC, LT BROWARD PROPERTIES INC, LT LAKE WORTH INC, LT N 1380 KROME INC,
are Florida corporations with their principal place of business at 20900
Northeast 30th Avenue, Suite 307, Aventura, Florida 33180.
16. Defendants,
ELEANOR ASSET LLC, LT ARLEN HOUSE LLC, LT ARTECH LLC, LT AVONDALE LLC, LT AVENTURA ONE LLC, LT COASTAL TOWERS LLC, LT FLORIDA CITY LLC, LT IDEAL APARTMENTS LLC, LT LAUDERDALE LAKES LLC, LT RIVIERA BEACH LLC, LT SAN ANTONIO SERIES B LLC LT SEACOAST LLC, LT W PALM BEACH LLC, LT WELLS HOLLYWOOD LLC, ROA 1406 LLC, ROA BH 2404 LLC, ROA CT LLC, and ROA OVERSEAS LLC,
are limited liability companies with their principal place of business at 20900
Northeast 30th Avenue, Suite 307, Aventura, Florida 33180.
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17. Defendant, UNIT 901 OCEANVIEW INC., is a Florida corporation
with its principal place of business at 1000 Brickell Avenue, Suite 400, Miami,
Florida 33131.
18. Defendants, ARION GROUP, LLC, INLAND ASSET CAPITAL, LLC,
NORTH ASSET CAPITAL LLC, and ROCKWELL ASSET CAPITAL, LLC, are
Texas limited liability companies with their principal place of business at
12002 Bandera Road, Suite 102, Helotes, Texas 78023-4669.
19. Defendants, CAPITAL LETTER INVESTMENTS, LLC, HIGHLAND
SAT INVESTMENTS, LLC, and RED KAIZEN INVESTMENTS, LLC, are Texas
limited liability companies with their principal place of business at 20079
Stone Oak Parkway, Suite 1290, San Antonio, Texas 78258-7028.
20. The Defendants listed in paragraphs 5-10, (collectively the
“PRINCIPAL DEFENDANTS”) each individually and collectively worked together
to advance their interests in, and to participate in, the criminal scheme
described herein.
21. The Defendants listed in paragraphs 11-14 (collectively the
“PROFESSIONAL DEFENDANTS”) each individually provided significant
professional services to Defendants, OLVERA AMEZCUA, OLVERA SILVA, and
LEADMAN TRADE INC, to advance their interests as described herein.
22. The Defendants listed in paragraphs 15-19 (collectively the
“PROPERTY DEFENDANTS”) were dominated, controlled, and used as mere
instrumentalities of Defendants, OLVERA AMEZCUA and OLVERA SILVA, to
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advance their interests in, and to participate in, the criminal scheme described
herein.
Jurisdiction and Venue
23. Defendants are subject to personal jurisdiction in this forum in
that the causes of action alleged herein arise out of the acts of operating,
conducting, engaging in, or carrying on a business or business venture in this
state or having an office or agency in this state; conspiring to or committing a
tortious act within this state; and/or owning, using, possessing, or holding a
mortgage or other lien on any real property within this state.
24. In the alternative, Defendants have engaged in substantial and not
isolated activities within the State of Florida regardless of whether Plaintiff’s
claims arise out of those activities.
25. Venue is proper because one or more of the Defendants reside
here, the cause of action accrued here, and a substantial part of the assets in
litigation is located here.
General Allegations
A. Overview of Defendants’ Scheme to Transfer and Hide Funds Stolen From Plaintiff
26. Over a period from approximately July 2013 through August 2014,
Defendant, OLVERA AMEZCUA, and persons acting under his direction, stole
at least US $65,000,000.00 from FICREA and removed those funds from
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Mexico largely to the United States, using an extensive United States operation
created by the PRINCIPAL DEFENDANTS, the PROPERTY DEFENDANTS, and
others acting under their direction to hide the stolen funds in numerous assets
located principally in Florida.
27. Specifically, under the direction of FICREA’s President and 99%
shareholder, OLVERA AMEZCUA, the funds stolen from FICREA were used to
build a money-laundering empire (the “Enterprise”) that includes at least 30
companies located in Florida and throughout the United States, at least 100
real estate holdings, multiple vehicles, and substantial banking assets located
in the State of Florida and elsewhere, among other assets. The Enterprise,
orchestrated in large part through OLVERA AMEZCUA’S base of operations in
Miami-Dade County, Florida, involved the transfer of millions of dollars stolen
from FICREA to the United States and elsewhere, the receipt of those stolen
funds in the United States, and the use of those stolen proceeds to buy and
create companies controlled by OLVERA AMEZCUA, which were then utilized
to purchase homes, investment properties, yachts, automobiles, and other
assets.
B. The FICREA Scheme
28. On December 21, 2000, LEADMAN TRADE, S.A. DE C.V.
(“LEADMAN TRADE (MEXICO)”) was established in Mexico by OLVERA
AMEZCUA, who was 99% shareholder, as well as President. OLVERA
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AMEZCUA remained President of LEADMAN TRADE (MEXICO) at all times
material hereto.
29. On April 27, 2005, FICREA, S.A. DE C.V. was established in
Mexico, and on June 17, 2008, the Comisión Nacional Bancaria y de Valores
[Mexican National Banking Commission] (“CNBV”) granted FICREA
authorization to act as an entry-level SOFIPO (a Mexican micro-finance
institution with limited banking and savings and loan services). On May 13,
2011, OLVERA AMEZCUA acquired 98.64% of FICREA. OLVERA AMEZCUA
controlled FICREA at all times material hereto.
30. At all times relevant hereto, OLVERA AMEZCUA operated FICREA
by advertising lucrative returns on deposits to the Mexican public. At first,
deposit growth was small, but, as word spread, the number of investors and
the volume of deposits received increased exponentially.
31. On August 24, 2009, BAUS AND JACKMAN LEASING, S.A. DE
C.V. (“B&J”) was established in Mexico by OLVERA AMEZCUA, who was a 99%
shareholder, as well as President. OLVERA AMEZCUA remained President of
B&J at all times material hereto.
32. On August 10, 2011, MONKA COMERCIA, S.A. DE C.V. (“MONKA”)
was established in Mexico by OLVERA AMEZCUA, who was a 99% shareholder,
as well as President. OLVERA AMEZCUA remained President of MONKA at all
times material hereto.
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33. On August 22, 2011, the CNBV ordered that FICREA be audited,
and from August 29, 2011, to October 11, 2011, the CNBV carried out an
Ordinary Inspection Audit. During this audit, the CNBV detected various
irregularities and requested that corrective action be taken.
34. On August 24, 2011, FICREA entered into the first of several
contracts with B&J, through which FICREA would outsource its administrative
and management operations to B&J, which was owned and controlled by
OLVERA AMEZCUA.
35. The contracts contained a provision under which FICREA agreed to
pay B&J an advance, against which B&J was to bill periodically. The provision
also required B&J to return any unused portion of the advance to FICREA,
which never occurred on any occasion. B&J is a related party under Mexican
law because, at all times relevant, it was owned and controlled by OLVERA
AMEZCUA.
36. B&J proceeded to request and receive advances of FICREA funds
ostensibly to pay for FICREA’s operating expenses. The invoices and
corresponding advances were part of a scheme for OLVERA AMEZCUA to
syphon millions of dollars out of FICREA to OLVERA AMEZCUA. A substantial
portion of FICREA funds were stolen from FICREA in this manner.
37. In addition, under the control and direction of OLVERA AMEZCUA,
FICREA initiated a process by which funds would be channeled through
LEADMAN TRADE (MEXICO), also owned by OLVERA AMEZCUA. Specifically,
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under the direction of OLVERA AMEZCUA, monies loaned by FICREA to its
clients would be routed through LEADMAN TRADE (MEXICO). Conversely,
repayments by FICREA loan recipients to FICREA of loans would also be routed
through LEADMAN TRADE (MEXICO). These arrangements created another
mechanism by which OLVERA AMEZCUA was able to syphon millions of
dollars out of FICREA. A substantial portion of FICREA funds were stolen from
FICREA in this manner.
38. Furthermore, under the control and direction of OLVERA
AMEZCUA, FICREA initiated a process by which funds would be channeled
through MONKA, also owned by OLVERA AMEZCUA. Specifically, under the
direction of OLVERA AMEZCUA, monies loaned by FICREA to its clients would
also be routed through MONKA. These arrangements created yet another
mechanism by which OLVERA AMEZCUA was able to syphon millions of
dollars out of FICREA. A substantial portion of FICREA funds were stolen from
FICREA in this manner.
39. From November 20, 2012, to February 7, 2013, the CNBV carried
out an Ordinary Inspection Audit. The CNBV again detected various
irregularities, including improper activities with entities related to and under
the control/ownership of OLVERA AMEZCUA, double recording of credit
transactions, and assignments of receipt and payment rights on FICREA loans.
As a result of these irregularities, the CNBV requested that immediate
corrective action be taken.
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40. OLVERA AMEZCUA, knowing that the banking authorities were
investigating his illicit activities, took action to transfer the stolen proceeds
beyond the reach of the Plaintiff. For example, on July 1, 2013, B&J initiated a
series of wire transfers of FICREA funds from accounts held by B&J in Mexican
banks (CIBanco S.A. and Banco Base S.A.) to various accounts in the United
States. Over a span of 14 months, there were 711 wire transfers for a total
amount of US $47,121,551.31 of FICREA funds. These wire transfers did not
correspond to any legitimate business purpose, and were made, knowing that
the funds represented monies being stolen from FICREA, for the purpose of
placing the stolen proceeds of the scheme beyond the reach of the Plaintiff.
41. Furthermore, on July 1, 2013, B&J started transferring FICREA
funds from accounts held by B&J (in CIBanco S.A) to various accounts in
Spain. Over a span of approximately 14 months, there were 255 wire
transfers, for a total amount of EUR €8,853,541.71. These wire transfers did
not correspond to any legitimate business purpose, and were made, knowing
that the funds represented monies being stolen from FICREA, for the purpose
of transferring the stolen proceeds of the scheme beyond the reach of the
Plaintiff.
42. Furthermore, on August 8, 2013, OLVERA AMEZCUA ordered that
FICREA start transferring money stolen from FICREA from Mexico to the
United States. There were a total of five wires over the span of ten months, to
different recipients, for a total of US $381,631.51. These wire transfers did not
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correspond to any legitimate business purpose, and were made, knowing that
the funds represented monies stolen from FICREA, for the purpose of
transferring the stolen proceeds of the scheme beyond the reach of the Plaintiff.
43. From June 16, 2014, to August 1, 2014, the CNBV carried out an
emergency Special Inspection Audit to verify the financial and operational
status of FICREA. By this point, OLVERA AMEZCUA knew that the authorities
would soon take action, so he increased his efforts to transfer the stolen
proceeds abroad.
44. Accordingly, on July 16, 2014, LEADMAN TRADE (MEXICO) made
the first transfer of money stolen from FICREA from LEADMAN TRADE
(MEXICO) accounts held at CIBanco S.A. in Mexico to the United States, to an
account in the name of LEADMAN TRADE INC, at Wells Fargo Bank, in the
United States. Over the next several weeks, there were another 38 wires (34 to
LEADMAN TRADE INC, two to ATLYS Group Investments LLC, and one each to
AF Business Management and Consultants Inc. and Stambul LLC), for a total
of USD $4,504,576.52. These wire transfers did not correspond to any
legitimate business purpose, and were made, knowing that the funds
represented monies stolen from FICREA, for the purpose of transferring the
stolen proceeds of the scheme beyond the reach of the Plaintiff.
45. Furthermore, on July 17, 2014, LEADMAN TRADE (MEXICO) made
the first transfer of money stolen from FICREA from LEADMAN TRADE
(MEXICO) accounts held at CIBanco S.A. in Mexico to Spain, to an account in
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the name of LEADMAN TRADE ESPAÑA SRL, at Bankia, S.A., in Spain. Over
the next several weeks, there were another 24 wires (23 to LEADMAN TRADE
ESPAÑA SRL and one to “For Ocio SL” at Banco Santander S.A.), for a total of
EUR €1,226,183.72. These wire transfers did not correspond to any legitimate
business purpose, and were made, knowing that the funds represented monies
stolen from FICREA, for the purpose of transferring the stolen proceeds of the
scheme beyond the reach of the Plaintiff.
46. On September 19, 2014, the CNBV informed its Control Board of
the situation at FICREA and of possible corrective measures to be taken given
the financial and operational status of FICREA and its risk exposure.
47. From October 23, 2014, to December 18, 2014, the CNBV carried
out a second emergency Special Inspection Audit.
48. Knowing that action by the banking regulators was imminent, in
early November 2014, OLVERA AMEZCUA initiated a final series of transfers of
FICREA funds to B&J, including:
a.) On November 3, 2014: US $516,929.00;
b.) On November 4, 2014: US $2,207,010.00;
c.) On November 4, 2014: US $6,253,195.00;
d.) On November 4, 2014: US $5,149,690.00;
e.) On November 5, 2014: US $5,516,025.00;
f.) On November 5, 2014: US $3,603,803.00;
g.) On November 6, 2014: US $2,606,658.00;
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h.) On November 6, 2014: US $6,241,295.00; and,
i.) On November 6, 2014: US $2,937,080.00.
49. On November 7, 2014, the CNBV Control Board seized
management of FICREA, which was placed in temporary receivership.
50. On December 17, 2014, the CNBV was notified that FICREA was
unable to continue its operations, and would have to be dissolved and
liquidated.
51. On December 19, 2014, the CNBV revoked FICREA’s authorization
to operate as a SOFIPO.
52. On November 11, 2015, Plaintiff, JAVIER NAVARRO VELASCO,
was appointed as liquidating trustee.
53. As outlined herein, Defendants transferred funds stolen from
FICREA to bank accounts in the United States, including, but not limited to
the State of Florida. These transfers included direct transfers from FICREA,
and transfers through other entities controlled by Defendants, including B&J
and LEADMAN TRADE (MEXICO), among others. For example:
a.) As part of the scheme to defraud FICREA, OLVERA AMEZCUA
made transfers directly from FICREA to bank accounts in the United States of
funds stolen from FICREA, and in fact received such funds in the United States
on at least each of the following occasions:
i.) On June 17, 2014, a wire transfer in the amount of US
$177,912.00 from a FICREA account at CIBanco S.A. to “EXIM
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ENTERTAINMENT DIVISION LLC” (a Florida corporation) at
Sabadell United Bank, N.A.;
ii.) On June 27, 2014, a wire transfer in the amount of US
$168,000.00 from a FICREA account at CIBanco S.A. to
“SANTIAGO AGUILAR GARIBAY” at Bank of America, N.A.
b.) As part of the scheme to defraud FICREA, OLVERA AMEZCUA
transferred funds stolen from FICREA through B&J to bank accounts in the
United States, and in fact received such funds in the United States on at least
each of the following occasions:
i.) On July 3, 2013, a wire transfer in the amount of US $50,000.00
from account #***9101 at Banco Case, S.A. to an account in the
name of “RAFAEL ANTONIO OLVERA AMEZCUA” (a resident of
Florida) at Wells Fargo Bank, N.A.;
ii.) On July 3, 2013, a wire transfer in the amount of US $40,000.00
from account #***70M2 at CIBanco, S.A. to “PRESTIGE
MOTORCAR IMPORTS” at Bank of America, N.A.;
iii.) On November 5, 2013, a wire transfer in the amount of US
$125,000.00 from account #***16M2 at CIBanco S.A. to
“LEADMAN TRADE INC” (a Florida corporation with its principal
offices in this county) at Wells Fargo Bank, N.A.;
iv.) On November 5, 2013, a wire transfer in the amount of US
$125,000.00 from account #***60M2 at CIBanco S.A. to
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“INTERIORS BY STEVEN G., INC.” (a Florida corporation) at Wells
Fargo Bank, N.A.;
v.) On March 7, 2014, a wire transfer of US $50,000.00 from account
#***09M1 at CIBanco S.A. to “YACHT GROUP INTERNATIONAL” at
Mercantile Commerce Bank;
vi.) On March 12, 2014, a wire transfer of US $50,000.00 from
account #***31M1 at CIBanco S.A. to “LT AVENTURA ONE LLC” (a
Florida corporation with its principal offices in this county);
vii.) On June 13, 2014, a wire transfer in the amount of US
$125,000.00 from account #***08M1 at CIBanco S.A. to
“LEADMAN TRADE INC”;
viii.) On August 15, 2014, a wire transfer in the amount of US
$64,720.00 from account #***13M1 at CIBanco S.A. to BRAMAN
MOTORS (a Florida corporation) at Bank of America, N.A.;
ix.) On August 15, 2014, a wire transfer in the amount of US
$150,000.00 from account #***04M2 at CIBanco S.A. to PAUL
FELDMAN, P.A. (a Florida corporation with its principal offices in
this county);
c.) As part of the scheme to defraud FICREA, OLVERA AMEZCUA
transferred funds stolen from FICREA through LEADMAN TRADE (MEXICO) to
bank accounts in the United States and in fact received such funds in the
United States, on at least each of the following occasions:
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i.) On July 16, 2014, a wire transfer in the amount of US
$125,000.00 from account #***19M2 at CIBanco S.A. to
“LEADMAN TRADE INC” at Wells Fargo Bank, N.A.;
ii.) On July 22, 2014, a wire transfer in the amount of US
$125,000.00 from account #***40M2 at CIBanco S.A. to
“LEADMAN TRADE INC” at Wells Fargo Bank, N.A.;
iii.) On August 4, 2014, a wire transfer in the amount of US
$125,000.00 from account #***89M2 at CIBanco S.A. to
“LEADMAN TRADE INC” at Wells Fargo Bank, N.A.;
iv.) On August 12, 2014, a wire transfer in the amount of US
$125,000.00 from account #***03M1 at CIBanco S.A. to
“LEADMAN TRADE INC” at Wells Fargo Bank, N.A.;
v.) On August 21, 2014, a wire transfer in the amount of US
$125,000.00 from account #***94M1 at CIBanco S.A. to
“LEADMAN TRADE INC” at Wells Fargo Bank, N.A.;
54. All of the transfers described above were made for the purpose of
hiding the monies stolen from FICREA outside of Mexico and outside of the
reach of the Plaintiff.
55. There is no relationship between the Defendants and FICREA that
would justify the transfers at issue.
56. Mexican banking and prosecutorial authorities promptly seized
and recovered all assets traceable to FICREA within Mexico, including real
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estate, yachts, vehicles, personal property, and bank accounts, including
assets of OLVERA AMEZCUA. However, while substantial, the recovered assets
are significantly less than the total amounts owed to FICREA.
C. The Money-Laundering “Enterprise”
57. In order to conceal, abscond with, and secure the funds stolen by
OLVERA AMEZCUA from FICREA for Defendants’ personal use and to avoid
and hamper corrective and recuperative action by the Plaintiff, the PRINCIPAL
DEFENDANTS, with the funds stolen from FICREA, created and maintained an
Enterprise consisting of a web of co-conspirators and multiple entities located
in Florida, and elsewhere, and used those entities and the funds stolen from
FICREA that had been transferred to, and received in, the United States (1) to
acquire an interest in at least 30 entities and in at least 100 real estate
properties in violation of Florida Statute § 772.103(1); (2) to maintain and
control these enterprises and real estate properties in violation of Florida
Statute § 772.103(2); and to conduct and participate in these entities through a
pattern of activity in violation of Florida Statute § 772.103(3). Examples of
these entities include:
a.) LEADMAN TRADE INC, a Florida for-profit corporation established
on July 10, 2012, and located at 20900 NE 30th Avenue, Suite
307, Aventura, Florida 33180;
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b.) LT SAN ANTONIO SERIES B LLC, a Florida limited liability
company established on May 16, 2013, and located at 20900 NE
30th Avenue, Suite 307, Aventura, Florida 33180;
c.) 2137 HAYES INC, a Florida for-profit corporation established on
January 2, 2013, and located at 20900 NE 30th Avenue, Suite
307, Aventura, Florida 33180;
d.) ROA 1406 LLC, a Florida limited liability company established on
September 10, 2014, and located at 20900 NE 30th Avenue, Suite
307, Aventura, Florida 33180; and,
e.) LT AVENTURA ONE, LLC, a Florida limited liability company
established on September 4, 2013, and located at 20900 NE 30th
Avenue, Suite 307, Aventura, Florida 33180.
58. Other entities created, maintained, and/or used by the PRINCIPAL
DEFENDANTS to assist in the acquisition, control, and/or management of the
Enterprise, and/or other persons used by the PRINCIPAL DEFENDANTS for the
acquisition, control, and/or management of the Enterprise include, but are not
limited to:
a.) LEVEL 5 SERVICES LLC,
b.) AVENSIS AGENCY LTD.,
c.) JEFFREY E. CAMPION, P.A.,
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d.) R&S INTERNATIONAL LAW GROUP LLP, f/n/a, BRICKELL
INTERNATIONAL LAW GROUP, LLP, and d/b/a BRICKELL INTERNATIONAL
LAW GROUP,
e.) KHAVISCHAL ANAND TIWARI, ESQUIRE,
f.) EXIM ENTERTAINMENT DIVISION, LLC,
g.) INTERNATIONAL YACHT GROUP, LLC,
h.) SKELDON AGENCY, LLC.
i.) ROA ARTECH LLC,
j.) TERRALUNA INTL FLORIDA SERIES 1 LLC,
k.) TERRALUNA INTL FLORIDA SERIES 2 LLC,
l.) TERRALUNA OVERSEAS INC.,
m.) GENEVA ROTH CAPITAL, LLC,
n.) LT AEROSPACE LLC,
o.) LT CAR HOLDING LLC,
p.) LT NAUTICAL LLC,
q.) LT SAN ANTONIO SERIES A LLC,
r.) LT TRUMP II 1406 LLC,
s.) NORTH ASSET CAPITAL LLC, (a Florida corporation),
t.) ROA TRUMP 1406 LLC,
u.) ROS INVESTMENTS, LLC,
v.) ROTHSCHILD GROUP LLC,
w.) ST REGIS 2404 LLC,
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x.) ST REGIS N 2404 LLC, and,
y.) VINDU HOLDINGS LLC.
59. In furtherance of the scheme to avoid and hamper corrective and
recuperative action by the Plaintiff, the stolen proceeds were transmitted by
Defendants to entities used in the scheme to hold title to real property.
60. Once received by these holding entities and in furtherance of the
scheme to avoid and hamper corrective and recuperative action by the Plaintiff,
the stolen funds were used by these entities to purchase real estate. Examples
of these assets include:
a.) 400 Kings Point Drive, Apartment 1515, Sunny Isles Beach,
Florida, 33160, acquired by LT COASTAL TOWERS LLC on
September 30, 2013;
b.) 1380 North Krome Avenue, Florida City, Florida 33034, acquired
by LT N 1380 KROME INC, on December 20, 2013;
c.) 20900 Northeast 30th Avenue, Suite 103, Aventura, Florida,
33180, acquired by LT 103 AVENTURA ONE LLC on January 10,
2014.
d.) 242 Riviera Circle, Weston, Florida 33327, acquired by LT
BROWARD PROPERTIES INC, on May 1, 2014.
e.) 9705 Collins Avenue, Apartment 2404N, Bal Harbour, Florida
33154, acquired by ROA BH 2404 LLC on September 12, 2014;
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61. On an ongoing basis, OLVERA AMEZCUA, OLVERA SILVA, SILVA
TORTOLERO, LEADMAN TRADE INC, and the PROPERTY DEFENDANTS
engage in additional racketeering activity in their continued use of stolen
FICREA proceeds to manage and maintain the Enterprise, by, for example,
making tax payments, fee payments, and other payments to maintain, upkeep,
and manage the Enterprise and the real estate and personal property held
therein. Examples of such ongoing racketeering activities include, but are not
limited to:
a.) Property taxes paid to Miami-Dade County on November 25, 2014,
in the amount of US $32,680.17, for the benefit of “LT N KROME
1380 INC.” in relation to property located at 1380 N Krome
Avenue, Florida City, Florida 33034;
b.) Property taxes paid to Miami-Dade County also on November 25,
2014, in the amount of US $19,529.40, for the benefit of “LT
AVENTURA ONE LLC” in relation to property located at 20900 NE
30 Avenue, Suite 307, Aventura, Florida 33180;
c.) Property taxes paid to Miami-Dade County on November 25, 2014,
in the amount of US $32,680.17, for the benefit of “LT 103
AVENTURA ONE INC” in relation to property located at 20900
Northeast 30 Avenue, Suite 103, Aventura, Florida 33180;
d.) Property taxes paid to Miami-Dade County on May 9, 2016, in the
amount of US $18,044.00, for the benefit of “LT IDEAL
26
APARTMENTS LLC” in relation to property located 7824 Northwest
Fifth Court, Miami, Florida 33150; and,
e.) Property taxes paid to Miami-Dade County on May 12, 2016, in the
amount of US $22,689.27, for the benefit of “ROA 1406 LLC” in
relation to property located 15901 Collins Avenue, Apartment
1406, Sunny Isles Beach, Florida 33160.
62. Each act of foreign or interstate transmission by the PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS of funds in the amount of US
$5,000 or more, such funds having been known by the Defendants to have
been stolen from FICREA, to a place in the United States or across a state
boundary within the United States, as described herein, constituted a violation
of 18 U.S.C. § 2314.
63. Each act of reception, possession, concealment, storage, or
disposition by the PRINCIPAL DEFENDANTS and the PROPERTY
DEFENDANTS of funds in the amount of US $5,000 or more, such funds
having been known by the Defendants to have been stolen from FICREA and
transported to the United States or across a state boundary within the United
States after having been stolen, as described herein, constituted a violation of
18 U.S.C. § 2315.
64. Each financial transaction engaged in by the PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS with funds known by the
Defendants to have been criminal proceeds stolen from FICREA and
27
transported to the United States or across a state boundary within the United
States after having been stolen, as described herein, knowing that the
transactions were designed in whole or in part to conceal or disguise the
nature, the location, the source, the ownership, or the control of the funds,
constituted a violation of 18 U.S.C. § 1956(a)(1), (a)(2), and (a)(3).
65. Each financial transaction engaged in by the PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS with funds in an amount
greater than US $10,000, known by the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS to have been stolen from FICREA and transported to
the United States or across a state boundary within the United States after
having been stolen, as described herein, constituted a violation of 18 U.S.C.
1957(a).
66. Through the series of bank transfers described herein and the
receipt of the monies known by the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS to be funds stolen from FICREA and through the
laundering of these criminal proceeds, the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS used and invested the proceeds of their illegal
activities in furtherance of the Enterprise in violation of Florida Statute §
772.103(1).
67. Through the series of bank transfers described herein and the
receipt of the monies known by the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS to be funds stolen from FICREA, and through the
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laundering of these criminal proceeds, the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS acquired and controlled the Enterprise in violation
of Florida Statute § 772.103(2).
68. Through the series of bank transfers described herein and the
receipt of the monies known by the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS to be funds stolen from FICREA, and through the
laundering of these criminal proceeds, the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS conducted and participated in the Enterprise, in
violation of Florida Statute § 772.103(3).
69. Using the methods described herein, the PRINCIPAL DEFENDANTS
and the PROPERTY DEFENDANTS have used stolen FICREA proceeds to
acquire, control, and/or maintain substantial real and personal property,
including, but not limited to, the real property detailed in Exhibit A, attached
hereto, and the vehicles detailed in Exhibit B, also attached hereto, in violation
of Florida Statutes § 772.103(1-3).
70. The establishment, control, and maintenance of the Enterprise
required careful planning, execution, and management. The PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS conspired with each other to
carry out each element of the scheme and component of the Enterprise to
launder the stolen FICREA funds in violation of Florida Statute § 772.103(4) in
multiple ways, including:
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a.) OLVERA AMEZCUA ultimately controlled and directed the
creation, establishment, and maintenance of the Enterprise, acts as director
and/or member of entities pertaining to the Enterprise, and is one of the
ultimate beneficiaries of the Enterprise’s activities;
b.) OLVERA SILVA actively participated in the creation, establishment,
and maintenance of the Enterprise, acts as director and/or member of several
entities pertaining to the Enterprise, and is one of the ultimate beneficiaries of
the Enterprise’s activities;
c.) SILVA TORTOLERO actively participated in the creation,
establishment, and maintenance of the Enterprise, and is one of the ultimate
beneficiaries of the Enterprise’s activities;
d.) LEADMAN TRADE INC, actively participated in the creation,
establishment, and maintenance of the Enterprise, acts as director and/or
member of several entities pertaining to the Enterprise, and is one of the
ultimate beneficiaries of the Enterprise’s activities, including as stockholder
and otherwise owner of multiple entities and PROPERTY DEFENDANTS;
e.) STRAUCH actively participated in the creation, establishment, and
maintenance of the Enterprise, and at all times material hereto acted as
director and/or member of several entities pertaining to the Enterprise, and is
one of the ultimate beneficiaries of the Enterprise’s activities;
f.) GALANTE actively participated in the creation, establishment, and
maintenance of the Enterprise, and at all times material hereto acted as
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director and/or member of several entities pertaining to the Enterprise, and is
one of the ultimate beneficiaries of the Enterprise’s activities;
g.) The PROPERTY DEFENDANTS each were created, established, and
maintained as part of the Enterprise, and each PROPERTY DEFENDANT
individually holds title to one or more assets that were acquired by the
Enterprise, or are maintained, controlled, and managed by the Enterprise with
funds stolen from FICREA.
Count I:
Violation of Florida Statute § 772.103(4) by Conspiracy to Violate Florida Statutes §§ 772.103(1), (2), and (3) (As to PRINCIPAL DEFENDANTS and PROPERTY DEFENDANTS)
Plaintiff realleges paragraphs one through 68 as if fully set forth herein
and would further allege as follows:
71. At all relevant times, the Enterprise was an enterprise as defined in
Florida Statute § 772.102(3). Such Enterprise furnished a vehicle for the
commission of a pattern of racketeering activity.
72. The PRINCIPAL DEFENDANTS, the PROPERTY DEFENDANTS, and
other wrongdoers conspired, endeavored, and agreed with each other to violate
Florida Statute § 772.103(1), (2), and (3) in violation of Florida Statute §
772.103(4).
73. Specifically, the PRINCIPAL DEFENDANTS the PROPERTY
DEFENDANTS and other wrongdoers conspired, endeavored, and agreed with
31
each other: (1) to acquire entities and real property with the stolen FICREA
funds; (2) to acquire and maintain control of the Enterprise with the stolen
FICREA funds; and (3) to conduct and participate in the conduct of the affairs
of the Enterprise with the stolen FICREA funds, all through a pattern of
racketeering activity, and they agreed that two or more racketeering acts,
including the racketeering acts referred to herein—which constitute violations
of 18 U.S.C. §§ 2314 and 2315 (the transportation and receipt of stolen
property statutes), 18 U.S.C. § 1956 (the federal money-laundering statute),
and 18 U.S.C. § 1957 (the monetary transaction in criminally derived property
statute)—would be committed on behalf of the conspiracy.
74. Florida Statute § 772.102(b), specifies that “criminal activity”
includes any conduct subject to indictment or information listed in the federal
RICO statute, 18 U.S.C. § 1961(1), which includes 18 U.S.C. §§ 2314 and
2315, 18 U.S.C. § 1956 and 18 U.S.C. § 1957.
75. FICREA has been injured as a direct and proximate result of the
foregoing conspiracy to violate Florida Statutes §§ 772.103(1), (2), and (3) in
violation of Florida Statute § 772.103(4).
WHEREFORE, Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of
FICREA, demands judgment, jointly and severally, against the PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS, pursuant to Florida Statute
§ 772.104(1) for treble damages, interest, attorneys’ fees, the costs of this
action, and for injunctive relief pursuant to Florida Statute § 895.05(6),
32
including the imposition of a constructive trust, disgorgement, and such other
and further relief as the Court shall deem just and appropriate.
Count II
Violations of Florida Statutes §§ 772.103(1), (2), and (3)
(As to PRINCIPAL DEFENDANTS and PROPERTY DEFENDANTS)
Plaintiff realleges paragraphs one through 68 as if fully set forth herein
and would further allege as follows:
76. At all relevant times, the Enterprise was an enterprise as defined in
Florida Statute § 772.102(3).
77. By engaging in the transactions set forth herein, the PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS transferred funds from
FICREA to the accounts in financial institutions in the United States via wire
and used those monies to fund the operations of the Enterprise. These
unlawful wire transfers and the use of stolen FICREA proceeds violated 18
U.S.C. §§ 2314 and 2315 (the transportation and receipt of stolen property
statutes), 18 U.S.C. § 1956 (the federal money-laundering statute), and 18
U.S.C. § 1957 (the monetary transaction in criminally derived property statute),
and constituted a pattern of racketeering activity.
78. The PRINCIPAL DEFENDANTS, the PROPERTY DEFENDANTS, and
other wrongdoers used and invested the income and proceeds generated from
this pattern of racketeering activity and further racketeering activity to acquire
33
and establish entities and purchase real estate in violation of Florida Statute §
772.103(1).
79. The PRINCIPAL DEFENDANTS, the PROPERTY DEFENDANTS, and
other wrongdoers used and invested the income and proceeds generated from
this pattern of racketeering activity and further racketeering activity to
maintain and control the acquired entities and the purchased real estate in
violation of Florida Statute § 772.103(2).
80. The PRINCIPAL DEFENDANTS, the PROPERTY DEFENDANTS, and
other wrongdoers used and invested the income and proceeds generated from
this pattern of racketeering activity and further racketeering activity to conduct
and participate in the management of the entities and the purchased real
estate in violation of Florida Statute § 772.103(3).
81. Plaintiff has been injured in its business and property as a direct
and proximate result of the foregoing violations of Florida Statutes §§
772.103(1), (2), and (3) through the Enterprise.
WHEREFORE, Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of
FICREA, demands judgment, jointly and severally, against the PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS, pursuant to Florida Statute
§ 772.104(1) for treble damages, interest, attorneys’ fees, the costs of this
action, and for injunctive relief pursuant to Florida Statute § 895.05(6),
including the imposition of a constructive trust, disgorgement, and such other
and further relief as the Court shall deem just and appropriate.
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Count III
Violation of the Florida Uniform Fraudulent Transfer Act (As to PRINCIPAL DEFENDANTS, PROFESSIONAL DEFENDANTS, and
PROPERTY DEFENDANTS)
Plaintiff realleges paragraphs one through 68 as if fully set forth herein
and would further allege as follows:
82. This is a claim to avoid and recover fraudulent transfers pursuant
to Florida Statute § 726.105.
83. Defendant OLVERA AMEZCUA transferred at least US
$65,000,000 stolen from FICREA to the PRINCIPAL DEFENDANTS, the
PROFESSIONAL DEFENDANTS, the PROPERTY DEFENDANTS, and others.
84. In turn, the PROFESSIONAL DEFENDANTS transferred said sums
for, among other purposes, the purchase, control, and/or maintenance of
assets by and for the benefit of the PRINCIPAL DEFENDANTS, the PROPERTY
DEFENDANTS, and others.
85. At the time of each of these transfers, Defendant, OLVERA
AMEZCUA, was operating FICREA for his own personal profit. The transfers
constituted transfers of value from FICREA which did not belong to OLVERA
AMEZCUA and were not made for value. The transfers were made to fund
bank accounts in the name of the PRINCIPAL DEFENDANTS, the
PROFESSIONAL DEFENDANTS, the PROPERTY DEFENDANTS, and others at
multiple banks, and a significant portion of these funds was later used to fund
35
the PROPERTY DEFENDANTS. As a result, FICREA became a creditor of the
PRINCIPAL DEFENDANTS, the PROFESSIONAL DEFENDANTS, and the
PROPERTY DEFENDANTS for purposes of this claim.
86. These transfers to the PRINCIPAL DEFENDANTS, the
PROFESSIONAL DEFENDANTS, the PROPERTY DEFENDANTS, and others,
were made with actual intent to hinder, delay, and defraud FICREA.
87. As a direct and proximate result of the fraudulent transfers to the
PRINCIPAL DEFENDANTS, the PROFESSIONAL DEFENDANTS, the PROPERTY
DEFENDANTS, and others, FICREA has been diminished, and the remaining
assets of FICREA are insufficient to pay FICREA’S liabilities, principally to its
depositors.
WHEREFORE, Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of
FICREA, requests an order from this Court: (a) avoiding the transfers made by
OLVERA AMEZCUA to the PRINCIPAL DEFENDANTS, the PROFESSIONAL
DEFENDANTS, and the PROPERTY DEFENDANTS and others; (b) attaching the
assets transferred; the assets acquired by the PRINCIPAL DEFENDANTS, the
PROFESSIONAL DEFENDANTS, and the PROPERTY DEFENDANTS with funds
stolen from FICREA; and any income produced by any such assets acquired
with funds stolen from FICREA; (c) enjoining against further disposition against
the PRINCIPAL DEFENDANTS, the PROFESSIONAL DEFENDANTS, and the
PROPERTY DEFENDANTS, or any transferee of the transferred assets; and (d)
36
awarding interest, the costs of this action, and such further relief as this Court
shall deem proper.
Count IV
Conversion (As to PRINCIPAL DEFENDANTS and PROPERTY DEFENDANTS)
Plaintiff realleges paragraphs one through 68 as if fully set forth herein
and would further allege as follows:
88. FICREA was in lawful possession of valuable assets, including all
of the deposits and investments owned and held by FICREA.
89. The PRINCIPAL DEFENDANTS and the PROPERTY DEFENDANTS,
through unauthorized and improper means, have wrongfully asserted dominion
over the property of the Plaintiff and have wrongfully deprived the Plaintiff of
the right to possess and use its property for a permanent or indefinite term.
90. At all times material hereto, the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS acted with the intent to deprive Plaintiff of the
possession and use of its property.
91. Plaintiff has suffered damages as a result of the acts of the
PRINCIPAL DEFENDANTS and the PROPERTY DEFENDANTS, including losses
in excess of US $65,000,000.
WHEREFORE, Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of
FICREA, demands judgment, jointly and severally, against the PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS, as well as the costs of this
37
action, and such other and further relief as the Court shall deem just and
appropriate.
Count V
Unjust Enrichment/Constructive Trust (As to PRINCIPAL DEFENDANTS and PROPERTY DEFENDANTS)
Plaintiff realleges paragraphs one through 68 as if fully set forth herein
and would further allege as follows:
92. The PRINCIPAL DEFENDANTS and the PROPERTY DEFENDANTS
have benefited from their unlawful acts and conspiracy through the receipt and
laundering of at least US $ 65,000,000, which was the rightful property of the
Plaintiff.
93. The PRINCIPAL DEFENDANTS and the PROPERTY DEFENDANTS
improperly received funds from Plaintiff as a result of the deliberate acts of the
PRINCIPAL DEFENDANTS and the PROPERTY DEFENDANTS when in fact
those funds did not belong to them, but rather were owned by FICREA.
94. It would be inequitable for the PRINCIPAL DEFENDANTS and the
PROPERTY DEFENDANTS to be permitted to retain the benefit of their
wrongful conduct.
95. The Plaintiff is entitled to the establishment of a constructive trust
consisting of the ill-gotten gains received by the PRINCIPAL DEFENDANTS, the
PROPERTY DEFENDANTS, and any purchases of real or personal property
38
made with the ill-gotten gains or profits traceable to the stolen FICREA funds
to be disgorged or otherwise paid or conveyed to Plaintiff.
WHEREFORE, Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of
FICREA, demands judgment, jointly and severally, against the PRINCIPAL
DEFENDANTS and the PROPERTY DEFENDANTS for
disgorgement/restitution/conveyance of the ill-gotten gains and of any real or
personal property purchased therewith, and for the costs of this action, and
such other and further relief as the Court shall deem just and appropriate.
Count VI
Breach of Fiduciary Duty (As to OLVERA AMEZCUA)
Plaintiff realleges paragraphs one through 68 as if fully set forth herein
and would further allege as follows:
96. As the President of FICREA, Defendant, OLVERA AMEZCUA, owed
a fiduciary duty to FICREA to act in FICREA's, and not his own, best interest.
97. This fiduciary duty included the duty of loyalty and the duty to act
in good faith, dealing fairly with FICREA.
98. OLVERA AMEZCUA breached his fiduciary duty by taking (and
continuing to take) actions contrary to the interests of FICREA, including but
not limited to receiving, maintaining, and laundering funds that were rightfully
earned and owned by FICREA, but which OLVERA AMEZCUA used to fund
new businesses and acquire real and personal property for his own benefit.
39
99. OLVERA AMEZCUA's actions damaged FICREA’s ability to carry on
its business and eventually resulted in its liquidation.
100. As a direct and proximate result of OLVERA AMEZCUA's breach of
fiduciary duties, Plaintiff has suffered damages as described herein.
WHEREFORE, Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of
FICREA, demands judgment against Defendant, OLVERA AMEZCUA, together
with the costs of this action, and such other and further relief as the Court
shall deem just and appropriate.
Count VII
Aiding and Abetting Breach of Fiduciary Duty (As to OLVERA SILVA, SILVA TORTOLERO,
LEADMAN TRADE INC, GALANTE, STRAUCH, PROFESSIONAL DEFENDANTS and PROPERTY DEFENDANTS)
Plaintiff realleges paragraphs one through 68 as if fully set forth herein
and would further allege as follows:
101. As the President of FICREA, Defendant, OLVERA AMEZCUA, owed
a fiduciary duty to FICREA to act in FICREA's, and not his own, best interest.
102. Defendants, OLVERA SILVA, SILVA TORTOLERO, LEADMAN
TRADE INC, GALANTE, STRAUCH, PROFESSIONAL DEFENDANTS, and
PROPERTY DEFENDANTS, each knew that OLVERA AMEZCUA owed such
fiduciary duty and knew that Defendant, OLVERA AMEZCUA, breached his
duty because Defendants, OLVERA SILVA, SILVA TORTOLERO, LEADMAN
TRADE INC, GALANTE, STRAUCH, PROFESSIONAL DEFENDANTS, and
40
PROPERTY DEFENDANTS each knew that FICREA was the lawful owner of the
funds used by OLVERA AMEZCUA to start businesses and purchase real and
personal property for himself and his family.
103. Defendants, OLVERA SILVA, SILVA TORTOLERO, LEADMAN
TRADE INC, GALANTE, STRAUCH, the PROFESSIONAL DEFENDANTS, and
the PROPERTY DEFENDANTS each knowingly participated in the transfer
and/or receipt of funds and OLVERA AMEZCUA’S breach of fiduciary duty by
receiving, transferring, and/or otherwise helping OLVERA AMEZCUA hide
FICREA funds in United States bank accounts to be used to start new
businesses and acquire real and personal property for the benefit of the
PRINCIPAL DEFENDANTS and the PROPERTY DEFENDANTS.
104. Without the assistance of Defendants, OLVERA SILVA, SILVA
TORTOLERO, LEADMAN TRADE INC, GALANTE, STRAUCH, the
PROFESSIONAL DEFENDANTS and the PROPERTY DEFENDANTS, Defendant,
OLVERA AMEZCUA, could not have successfully transferred and/or received
FICREA’S funds into United States bank accounts to be used to start new
businesses and/or to acquire real and personal property for the benefit of the
PRINCIPAL DEFENDANTS and the PROPERTY DEFENDANTS.
105. As a direct and proximate result of Defendants, OLVERA SILVA,
SILVA TORTOLERO, LEADMAN TRADE INC, GALANTE, STRAUCH, the
PROFESSIONAL DEFENDANTS, and the PROPERTY DEFENDANTS each aiding
41
and abetting the breach of fiduciary duty, Plaintiff has suffered damages as
described herein.
WHEREFORE, Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of
FICREA, demands judgment, against Defendants, OLVERA SILVA, SILVA
TORTOLERO, LEADMAN TRADE INC, GALANTE, STRAUCH, PROFESSIONAL
DEFENDANTS, and PROPERTY DEFENDANTS, each, together with the costs of
this action, and such other and further relief as the Court shall deem just and
appropriate.
Demand for Jury
Plaintiff, JAVIER NAVARRO VELASCO, as Trustee of FICREA S.A. DE
C.V. SOCIEDAD FINANCIERA POPULAR (In Liquidation) demands trial by jury
of all issues triable as of right by jury.
Dated: September 20, 2016.
KRUPNICK, CAMPBELL, MALONE, BUSER, SLAMA, HANCOCK, LIBERMAN, P.A. By: /s/ Carlos A. Acevedo Carlos A. Acevedo, Esquire Florida Bar Number: 0097771 [email protected] Kevin A. Malone, Esquire Florida Bar Number: 224499 [email protected] Kelley B. Stewart, Esquire Florida Bar Number: 492132
42
[email protected] Michael J. Ryan, Esquire Florida Bar Number: 975990 [email protected] 12 Southeast Seventh Street, Suite 801 Fort Lauderdale, Florida 33301-3434 954-763-8181 telephone 954-763-8292 facsimile Attorneys for Plaintiff
43
Exhibit A Address: Apt/Ste/Unit: City: State: Zip: 3301 NE 183 St 2401 Aventura FL 33160 20900 NE 30 AVE 103 Aventura FL 33180 20900 NE 30 AVE 307 Aventura FL 33180 2950 NE 188 ST 150 Aventura FL 33180 2950 NE 188 ST 212 Aventura FL 33180 2950 NE 188 ST 244 Aventura FL 33180 2950 NE 188 ST 403 Aventura FL 33180 2950 NE 188 ST 405 Aventura FL 33180 2950 NE 188th Street 545 Aventura FL 33180 9705 Collins Ave 2404N Bal Harbour FL 33154 5880 W Sample Road 101 Coral Springs FL 33067 1210 NW 9 CT Florida City FL 33034 1211 NW 9 CT Florida City FL 33034 1230 NW 9 CT Florida City FL 33034 1231 NW 9 CT Florida City FL 33034 1251 NW 9 CT Florida City FL 33034 1270 NW 9 CT Florida City FL 33034 1271 NW 9 CT Florida City FL 33034 1310 NW 9 CT Florida City FL 33034 1311 NW 9 CT Florida City FL 33034 1331 NW 9 CT Florida City FL 33034 1351 NW 9 CT Florida City FL 33034 1370 NW 9 CT Florida City FL 33034 1371 NW 9 CT Florida City FL 33034 1380 N. Krome Avenue Florida City FL 33034 800 Parkview Dr 901 Hallandale FL 33009 2137 Hayes Street Hollywood FL 33023 6015 Washington Street Parcel A Hollywood FL 33023 6015 Washington Street Parcel B Hollywood FL 33023 225 S B Street 1 Lake Worth FL 33460 3071 NW 43rd Street Lauderdale Lakes FL 33309 3396 Orinoco Lane Margate FL 33063 6308 Duval Drive Margate FL 33063 150 SE 2 AVE 105 Miami FL 33131 150 SE 2 AVE 201 Miami FL 33131 150 SE 2 AVE 202 Miami FL 33131 150 SE 2 AVE 203 Miami FL 33131
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150 SE 2 AVE 204 Miami FL 33131 150 SE 2 AVE 205 Miami FL 33131 150 SE 2 AVE 206 Miami FL 33131 150 SE 2 AVE 207 Miami FL 33131 150 SE 2 AVE 208 Miami FL 33131 150 SE 2 AVE 209 Miami FL 33131 1800 N BAYSHORE DR 807 Miami FL 33132 1800 N BAYSHORE DR 2403 Miami FL 33132 2899 Collins Avenue 1425 Miami FL 33140 7824 NW 5 CT Miami FL 33150 77 NW 77 ST Miami FL 33180 12124 St Andrews Place 309 Miramar FL 33025 12130 St Andrews Place 205 Miramar FL 33025 2300 NW 33rd Street 903 Oakland Park FL 33309 12512 Crest Springs Ln 1123 Orlando FL 32828 12603 Crest Springs Ln 1411 Orlando FL 32828 12603 Crest Springs Ln 1412 Orlando FL 32828 12603 Crest Springs Ln 1414 Orlando FL 32828 12603 Crest Springs Ln 1417 Orlando FL 32828 712 Crest Pines Dr 311 Orlando FL 32828 712 Crest Pines Dr 322 Orlando FL 32828 725 Crest Pines Dr 411 Orlando FL 32828 802 Crest Pines Dr 818 Orlando FL 32828 415 SW 113 Way 415 Pembroke Pines FL 33025 217 SW AVONDALE DRIVE #1-6 Pompano Beach FL 33060 1920 W BLUE HERON BLVD Riviera Beach FL 33404 3039 Avenue J 1 Riviera Beach FL 33404 3115 Avenue J A Riviera Beach FL 33404 100 BAYVIEW DRIVE 321 SUNNY ISLES BEACH FL 33160 15901 COLLINS AVE 1401 Sunny Isles Beach FL 33160 15901 COLLINS AVE 1406 Sunny Isles Beach FL 33160 400 KINGS POINT DR 107 Sunny Isles Beach FL 33160 400 KINGS POINT DR 304 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 326 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 415 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 628 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 703 Sunny Isles Beach FL 33160 400 KINGS POINT DR 708 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 809 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 1114 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 1215 SUNNY ISLES BEACH FL 33160
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400 KINGS POINT DR 1230 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 1507 SUNNY ISLES BEACH FL 33160 400 KINGS POINT DR 1515 SUNNY ISLES BEACH FL 33160 500 BAYVIEW DRIVE 421 SUNNY ISLES BEACH FL 33160 4502 Woodland Circle Tamarac FL 33319 2174 Ensenada Terrace Weston FL 33327 242 Riviera Circle Weston FL 33327 200 W SAHARA AVE 3705 Las Vegas NV 89102 5018 Summit Pass San Antonio TX 78229 3519 Paesanos Parkway San Antonio TX 78231 5005 Stowers Blvd San Antonio TX 78238 5007 Stowers Blvd San Antonio TX 78238 7815 Kingsbury Way San Antonio TX 78240 7819 Kingsbury Wood San Antonio TX 78240 7822 Kingsbury Way San Antonio TX 78240 8615 Kingsbury View San Antonio TX 78240 6613 Biscay Bay San Antonio TX 78249 6643 Biscay Bay San Antonio TX 78249 6748 Biscay Bay San Antonio TX 78249 1214 Sunset View San Antonio TX 78258 19218 Stone Oak Pkwy San Antonio TX 78258 1103 Olympic Club San Antonio TX 78260 1115 Links Cove San Antonio TX 78260 1220 Links Ln San Antonio TX 78260 1228 Links Lane San Antonio TX 78260 1247 Links Lane San Antonio TX 78260 2018 Sawgrass Ridge San Antonio TX 78260 2115 Sawgrass Rdg San Antonio TX 78260 2227 Sawgrass Ridge San Antonio TX 78260 2243 Winding View San Antonio TX 78260 25118 Callaway San Antonio TX 78260 25319 Bunker Drive San Antonio TX 78260 26922 Villa Toscana San Antonio TX 78260 3823 Olive Green San Antonio TX 78260
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Exhibit B
List of vehicles:
1. Automobiles: Year Make Model VIN # Issuing State 1997 Dodge Ram 1500 3B7HC13Z8VG716478 Texas 2005 Ferrari F430 ZFFEW58A850142085 Florida 2008 Lamborghini Gallardo ZHWGU22TX8LA07340 Florida 2010 Rolls Royce Ghost SCA664S50AUX49102 Florida 2010 Ferrari California ZFF65LJA1A0169354 Florida 2011 Maserati Granturismo ZAM45KMA7B0054265 Texas 2011 Mali BT 5A7BB2228BT000865 Texas 2012 Lamborghini Gallardo ZHWGU5BZ9CLA11829 Florida
2013 Chevorlet Suburban 1500 1GNSCKE07DR230163 Florida
2013 Infinity JX35 5N1AL0MN5DC319654 Texas
2013 Chevorlet Suburban 1500 1GNSCKE0XDR211462 Texas
2013 Chevorlet Silverado 1500 3GCPCTE0XDG103542 Texas
2014 Mercedes Benz S63
WDDUG7JB5EA062622 Florida
2014 Honda CRV 2HKRM3572EH534402 Texas 2014 Maserati Granturismo ZAM45VLA5E0090981 Texas 2014 Porsche 911 WP0AA2A97ES107858 Texas
2014 EZGO MV 3069961 Unknown/ Not Available
2016 Porsche Cayenne WP1AB2A20GLA96844 Texas
2016 Mercedes Benz GL550 4JGDF7DE8GA674203 Texas
2017 Porsche 911 WP0AB2A94HS123131 Texas
2. Watercraft:
Year Make Hull ID Registration Number
Registration State
2011 Malibu MB2K3092J011 2883CR Texas