Misappropriation

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SEC v. Cooper Morgenthau: Complaint & Proposed Judgment (‘$5M Fraud Against Cayman Entities’)

January 3, 2023
Complaint (and Proposed Judgment) alleging the defendant "stole more than $5 million" from his employer, African Gold Acquisition Corp., and from investors in Strategic Metals Acquisition Corp. I and Strategic Metals Acquisition Corp. II, all of the Cayman Islands, in U.S. Securities and Exchange Commission v. Cooper J. Morgenthau at the U.S. District Court for the Southern District of New York.

Funicular Funds LP v. Pioneer Merger Corp. et al: Class Action Complaint

December 30, 2022
Class Action Complaint alleging "a planned misappropriation of a $32.5 million corporate asset by the sponsor of a special purpose acquisition company" in Funicular Funds LP v. Pioneer Merger Corp., Pioneer Merger Sponsor LLC, Jonathan Christodoro, Rick Gerson, Oscar Salazar, Ryan Khoury, Scott Carpenter, Matthew Corey, Mitchell Caplan, and Todd Davis at the U.S. District Court for the Southern District of New York.

Proskauer Rose LLP v. Jonathan O’Brien: TRO Application

December 27, 2022
Application for a Temporary Restraining Order in Proskauer Rose LLP v. Jonathan O’Brien, a citizen of the United Kingdom residing in New York who, until recently, was Proskauer Rose’s Chief Operating Officer, at the U.S. District Court for the Southern District of New York.

Proskauer Rose LLP v. Jonathan O’Brien: Complaint (‘COO’s Theft of Trade Secrets’)

December 27, 2022
Complaint alleging "theft of Proskauer’s trade secrets and other confidential and proprietary information" in Proskauer Rose LLP v. Jonathan O'Brien, described as a citizen of the United Kingdom residing in New York who, until recently, was Proskauer Rose's "Chief Operating Officer", at the U.S. District Court for the Southern District of New York.

Rick Ames et al v. Patrick Nelson et al: Complaint (‘$75M Securities Fraud & Elder Financial Abuse’)

December 21, 2022
Complaint alleging "a Ponzi scheme with a slight twist" in Rick Ames et al v. Patrick Nelson, Nelson Partners LLC, Axonic Capital LLC, Clayton DeGiancinto, AXSPV LLC Series NB CRE Lender, AXSPV LLC Series SBL CRE Lender, AXSPV LLC Series ACO CRE Lender, Burgundy 523 Offshore Fund Ltd., of the Cayman Islands; Axonic Special Opportunities SBL Master Fund LP, Axonic Credit Opportunities Master Fund LP, of the Cayman Islands, and NP Skyloft DST at the U.S. District Court for the Central District of California.

Leonid Zavlunov v. Stanislav Shvartsman et al: Complaint (‘Fraudulent Bank Guarantee’)

December 15, 2022
Complaint seeking damages of $4.1 million alleging fraud and forgery in Leonid Zavlunov, derivatively and on behalf of Strategic Global Experts Inc. v. Stanislav Shvartsman, William Joseph Mudolo, of London, England, and African Development Funding Group, as Defendants, and Strategic Global Experts Inc., as Nominal Defendant, at the Supreme Court of the State of New York, New York County.

FTX Trading Ltd. et al: Affidavit Supporting Chapter 11 Petitions (‘Complete Absence of Trustworthy Financial Information’)

November 17, 2022
Affidavit of John J. Ray III, including statements that "Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here" and "related party loans" were made to Sam Bankman-Fried, $1 billion; Nishad Aingh, $543 million, and Ryan Salame, $55 million, in support of Chapter 11 Petitions by 102 entities comprising the FTX crypto group, including those in Antigua and Barbuda, Australia, Bahamas, British Virgin Islands, Canada, Cayman Islands, Cyprus, Egypt, Germany, Ghana, Gibraltar, Hong Kong, India, Ireland, Japan, Kenya, Liechtenstein, Nigeria, Panama, Senegal, Seychelles, Singapore, South Africa, South Korea, Switzerland, Tanzania, Turkey, Uganda, United Arab Emirates, USA, and Vietnam, filed at the U.S. Bankruptcy Court for the District of Delaware.

FTX Trading Ltd. et al: Motion to Transfer & Stay Chapter 15 Petition

November 16, 2022
Emergency Motion to Stay and Transfer Chapter 15 Petition from New York to Delaware by 101 entities (reduced from 134 identified in the Chapter 11 Petition) comprising the FTX crypto group, including those in Antigua and Barbuda, Australia, Bahamas, British Virgin Islands, Canada, Cayman Islands, Cyprus, Egypt, Germany, Ghana, Gibraltar, Hong Kong, India, Ireland, Japan, Kenya, Liechtenstein, Nigeria, Panama, Senegal, Seychelles, Singapore, South Africa, South Korea, Switzerland, Tanzania, Turkey, Uganda, United Arab Emirates, USA, and Vietnam, filed at the U.S. Bankruptcy Court for the District of Delaware. In the motion, FTX's new management accused the Bahamas government and regulators of, essentially, misappropriating the group's assets, in conjunction with former FTX principals Samuel Bankman-Fried and Gary Wang, as part of an attempt to "undermine these Chapter 11 Cases".

FTX Digital Markets Ltd.: Chapter 15 Petition (Bahamas)

November 15, 2022
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the Bahamas by Brian Simms, Kevin Cambridge, and Peter Greaves, as the Foreign Representatives of FTX Digital Markets Ltd., which operates "a digital assets business", filed at the U.S. Bankruptcy Court for the Southern District of New York.

ParaFi Digital Opportunities LP et al v. Mikhail Egorov: Complaint (‘Crypto Fraud’)

October 28, 2022
Complaint alleging fraud in ParaFi Digital Opportunities LP, of Delaware; Framework Ventures LP, of Delaware, and 1kx LP, of the Cayman Islands v. Mikhail 'Michael' Egorov, described as resident of Switzerland who "renounced his U.S. permanent residence" and "founder of the “Curve” cryptocurrency trading platform", at the Superior Court of the State of California.

Deposit Guarantee Fund of Ukraine v. Bank of New York Mellon: Discovery Application (Ukraine)

October 20, 2022
Application by the Deposit Guarantee Fund of Ukraine, as the liquidator of Fidobank PJSC, to take discovery from the Bank of New York Mellon for use in legal proceedings in Ukraine against Oleksandr Yevhenovych Adarich, described as Fidobank's beneficial owner; Iryna Vilinivna Maryanko, Denis Viktorovich Mikhov, Alexander Arkadyevich Sobolev, Ivan Alexandrovich Istomin, Roman Serhiyovych Shevtsiv, Oksana Ivanivna Voloshyna, Igor Pavlovich Grigorov, and Oleg Vasilyevich Litvinenko regarding suspected "wrongful transfers", filed at the U.S. District Court for the Southern District of New York.

Brian Kang et al v. Hybrid Trade Ltd. et al: Complaint (‘$50M Crypto Fraud’)

October 18, 2022
Complaint in Brian Kang, individually and on behalf of SkyBlock LLC and Mid-Wilshire Consulting LLC; Prasad Hurra, David Kim, individually and on behalf of Blue Block Group; Artemo Verduzco, David Kwon, and Young Jae Kwon v. Hybrid Trade Limited, Asia Digital Asset Exchange, Allysian Sciences, Apolo Ohno, Rod Jao, and Eugenio Pugliese at the Superior Court of the State of California, County of Los Angeles.

Core Compass Ltd. v. Evolve Bank & Trust: Discovery Application (Serbia)

September 21, 2022
Application by Core Compass Limited, described as "a Hong Kong-registered company that provides payment consulting services to internet businesses", to take discovery from Evolve Bank & Trust for use in legal proceedings in Serbia alleging misappropriation by Boom Financial Management d.o.o., filed at the U.S. District Court for the Western District of Tennessee.

FG Hemisphere Associates LLC v. DR Congo et al: Complaint

September 16, 2022
Complaint "alleging that its outstanding and unpaid judgments against the Defendants Democratic Republic of Congo and Societe Nationale D’Electricite, can and should be enforced through the seizure of four properties located in Montgomery County, Maryland purchased by and in the hands of Third-Party Garnishees Francis Selemani Mtwale and his wife, Aneth Michael Lutale through the US-registered Balanne Family Living Trust, an entity they control, with funds embezzled from the DRC pursuant to a scheme intended to thwart the DRC’s creditors" in FG Hemisphere Associates LLC v. Democratic Republic of Congo, Société Nationale d'Electricité, Balanne Family Living Trust, Aneth Doragh SF Mtwale, Francis Selemani Mtwale, and The Land Known for Assessment and Taxation Purposes as Lot 96 Plat 19998, Lot 133 Plat 24987, Lot 144 Plat 2017-25050, and Lot 54 Plat 24984 at the U.S. District Court for the District of Maryland.

Brazen Sky Ltd. et al: Chapter 15 Petition (British Virgin Islands & Cayman Islands, ‘$8.5B 1MDB Fraud’)

August 31, 2022
Chapter 15 Petition for Recognition of Foreign Main Proceedings in the British Virgin Islands and Cayman Islands by Angela Barkhouse, Helen Janes, and Carl Jackson, as the Foreign Representatives of Brazen Sky Limited, Aabar Investments PJS Limited, Tanore Finance Corporation, Blackstone Asia Real Estate Partners Limited, Vasco Investment Services SA, Selune Limited, Pacific Rim Global Growth Limited, and Affinity Equity International Partners Limited, and Angela Barkhouse and George Kimberley Leck, as the Foreign Representatives of Bridge Global Absolute Return Fund SPC, which were all "part of the fraud perpetrated against 1 Malaysia Development Berhad, a sovereign wealth fund owned by the Malaysian Ministry of Finance, in which numerous entities and individuals formed a network to divert and distribute funds to the fraudsters who orchestrated the fraud and to individuals and/or entities connected to them", filed at the U.S. Bankruptcy Court for the Southern District of Florida.

SEC v. Greg Lindberg et al: Complaint (‘$75M Fraud’)

August 30, 2022
Complaint alleging fraud involving entities in Bermuda, Malta, and the USA in U.S. Securities and Exchange Commission v. Gregory E. Lindberg, Christopher Herwig, and Standard Advisory Services Limited, of Malta, at the U.S. District Court for the Middle District of North Carolina.

The Family (Holdings) Ltd. v. Oussama Ammar: Press Release (Cayman Islands)

August 8, 2022
Press Release by The Family (Holdings) Ltd., of England and Wales, regarding an attempt to recover assets via Cayman Islands legal proceedings as a result of "misappropriation of funds from The Family (Global Godfathers) SPC by Oussama Ammar and his personal holding companies Fabuleo Limited and Aletheis, The First Limited".

Troy Hogg v. Stephen Braverman et al: Complaint (‘Crypto Fraud’)

July 21, 2022
Complaint "to recover for tens of millions of dollars and/or equitable relief for a series of transactions by which defendants mulcted tens of millions of dollars from plaintiff" regarding a cryptocurrency scheme involving entities in Bermuda, Canada, United Arab Emirates, and USA in Troy James Hogg, of Canada; Leila Holdings Ltd., which is identified as a Canadian company in the complaint even though it appears to be domiciled in Bermuda, derivatively and on behalf of Arbitrade Ltd., of Bermuda v. Stephen Lance Braverman, described as a resident of California; Kent Mason Swig, of New York; Dignity Holdings LLC, of Delaware; Dignity Mining Group LLC, of Delaware; Dignity Gold LLC, of Delaware; Charles Hamlin Woodworth, of New Jersey; Max Warren Barber, of Utah; William Richard Sanders, of Tennessee; Scotia International of Nevada Inc., of Utah; SION Trading FZE, of the United Arab Emirates; Prieur Leary, of Florida; CoinMint LLC, of Puerto Rico, and Hayden Gill, of Montana, at the Supreme Court of the State of New York, County of New York.

The Family (Global Godfathers) SPC v. Oussama Ammar et al: Contempt Order

July 14, 2022
Contempt Order imposing fines totaling CI$150,000 on the Respondents in The Family (Global Godfathers) SPC, on its own behalf and on behalf of The Family (Freya) SP and The Family (Odin) SP v. Oussama Ammar, of Paris, France; Fabuleo Limited, of Hong Kong, and Aletheis, The First Limited, of Hong Kong, at the Grand Court of the Cayman Islands.

B&C KB Holding GmbH v. Lindsay Goldberg et al: Discovery Application (‘Austria & Germany Criminal Investigations’)

July 14, 2022
Application by B&C KB Holding GmbH to take discovery from Goldberg Lindsay & Co. LLC, d.b.a. Lindsay Goldberg, described as "a private equity firm" based in New York, and Michael Dees, described as Managing Partner of Lindsay Goldberg, for use in "criminal investigations in Austria and Germany" that "stem from powerful indications of a large-scale scheme to defraud involving manipulation of financial statements, misappropriation of monies, and other evidence of misconduct at the European-based Schur Flexibles group of companies", filed at the U.S. District Court for the Southern District of New York.

Pacific Diversified Investments LLC et al v. The Ramson Group LLC et al: Complaint (‘$12M Ramson Mumba Fraud’)

June 17, 2022
Complaint alleging fraud by Ramson Mumba, described as "a failed prosperity-gospel preacher turned real-estate promoter" who is a citizen of the United Kingdom residing in Houston, Texas, and "his colleagues, Donnet Swaby and Jerome Pemberton" in Pacific Diversified Investments LLC, Texas Sugar North LLC, Texas Dove Cove LLC, Cedar Ridge LLC, and Texas Brick Maze LLC v. The Ramson Group LLC and The Ramson Group Ltd., of the United Kingdom, at the Superior Court of the State of California, County of San Mateo.

Gulf Investment Corporation et al v. Port Link GP Ltd.: Amended Complaint

May 30, 2022
Amended Writ of Summons and Statement of Claim alleging “a corrupt scheme to launder money or conceal corruption and fraud” in Gulf Investment Corporation, of Kuwait, and General Retirement and Social Insurance Authority, of Qatar v. Port Link GP Ltd., of the Cayman Islands; Mark Eric Williams, of Georgia, USA; Wellspring Capital Group Inc., of Georgia, USA; KGL Investment Company Asia, of the Cayman Islands; Apache Asia Limited, of Hong Kong; Apache Asia Limited, of Macao; Ronald Henry Ayliffe, of Singapore, and Elite First Investment Limited, of the British Virgin Islands, at the Grand Court of the Cayman Islands.
Evatt Tamine Judgment

Australian lawyer Evatt Tamine ordered to repay $28M to Robert Brockman’s Bermuda trust

May 16, 2022
In a judgment at Bermuda Supreme Court, Australian barrister Evatt Tamine has been ordered to repay nearly $30 million that he allegedly misappropriated from a Bermuda trust he administered on behalf of U.S. businessman Robert Brockman, who was criminally indicted at federal court in California in 2020 for an alleged $2 billion offshore tax fraud scheme.

Globalization Partners Mexico SA de CV v. GoGlobal USA Inc.: Discovery Application (Mexico)

May 9, 2022
Application by Globalization Partners Mexico SA de CV, described as being "part of a family of companies that provide technology-based human resources solutions that enable clients to seamlessly engage talent in various jurisdictions across the world without needing to set up a local entity", to take discovery from GoGlobal USA Inc. for use in legal proceedings in Mexico "against its former employee Francisco Mendez after learning that Mendez took away with him Globalization Partners' trade secrets and confidential information and brought it with him to a direct competitor, GoGlobal", filed at the U.S. District Court for the District of Delaware.

BCT Ltd. et al v. Evatt Tamine et al: $28M Judgment (Robert Brockman Case)

May 6, 2022
Judgment awarding $16.8 million, $5.395 million, and £5 million against the defendants in BCT Limited, a Cayman Islands subsidiary of Maples Group, as Trustee of the A. Eugene Brockman Charitable Trust, and Spanish Steps Holdings Limited, of the British Virgin Islands v. Evatt Tamine, an Australian barrister, and Tangarra Consultants Limited, of Bermuda, at Bermuda Supreme Court.

USA v. Merrill Lynch: Judicial Assistance

April 26, 2022
Application for the appointment of a Commissioner to collect evidence from Merrill Lynch - pursuant to a request for judicial assistance from the 6th Probate and Family Court of the Regional Forum II of Santo Amaro in São Paulo, Brazil - for legal proceedings styled as 'Leticia Lagoa Ribeiro v. Alexandre Fernandes Martins' involving "claims of misappropriated assets", filed at the U. S. District Court for the Middle District of Florida.

JSC Ingtorgstroy v. Citibank NA et al: Discovery Application (Russia)

April 5, 2022
Application by JSC Ingtorgstroy, of Russia, to take discovery from Citibank NA, The Bank of New York Mellon, Société Générale, New York Branch; HSBC Bank USA NA, BNP Paribas USA, JPMorgan Chase Bank NA, Barclays Bank PLC, Deutsche Bank Trust Co. Americas, The Bank of Nova Scotia, New York Agency; UBS AG, Bank of America NA, Standard Chartered Bank US, Commerzbank AG, New York Branch, and The Clearing House Payments Company LLC for use in legal proceedings "against former CEOs and beneficial owners of OJSC "GK Amazarkan", including Pavel Entin and Bogdan Solodukha before the commercial court of Moscow city and the commercial court of Kaluga Region, Russia", filed at the U. S. District Court for the Southern District of New York.

SRC Strategic Resources Ltd. et al: Chapter 15 Petition (‘1MDB Fraud’)

April 5, 2022
Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the British Virgin Islands by Helen Janes, Angela Barkhouse, and Carl Jackson, as the Foreign Representatives of SRC Strategic Resources Limited, Bright Oriande Limited, and SRC International (Malaysia) Limited, all in Voluntary Liquidation, collectively described as being "part of the fraud perpetrated against 1 Malaysia Development Berhad, a sovereign wealth fund owned by the Malaysian Ministry of Finance, in which numerous entities and individuals formed a network to divert and distribute funds to the fraudsters who orchestrated the fraud and to individuals and/or entities connected to them", at the U. S. Bankruptcy Court for the Southern District of Florida.

Zouzar Bouka et al v. Symbion Power Services U.S. Inc. et al: Discovery Application (France & Madagascar)

March 24, 2022
Application by Zouzar Bouka, described as a citizen of France and an "entrepreneur and investor"; Vision Indian Ocean SA, of Madagascar, and ViMa Real Estate Sarl, of Madagascar, to take discovery from Symbion Power Services U.S. Inc., Symbion Power LLC, Symbion Power Holdings LLC, Symbion Power Africa LLC, Symbion Energy Holdings Ltd., and Paul Hinks for use in a "contemplated proceeding in France" and a "criminal proceeding in Madagascar" regarding "Respondents' participation in a multi-million-dollar theft from the Mandroseza Power Plant, a project designed to bring reliable electricity to Madagascar, and their subsequent sale of interests in the Plant contrary to their contractual obligations and Malagasy law", filed at the U. S. District Court for the Southern District of New York.

The Family (Global Godfathers) SPC v. Oussama Ammar et al: Freezing Order

March 15, 2022
Freezing Order in The Family (Global Godfathers) SPC, on its own behalf and on behalf of The Family (Freya) SP and The Family (Odin) SP v. Oussama Ammar, of Paris, France; Fabuleo Limited, of Hong Kong, and Aletheis, The First Limited, of Hong Kong, at the Grand Court of the Cayman Islands.

CLM v. CLN et al: Judgment (‘$7M Crypto Theft’)

March 4, 2022
Judgment regarding applications for a worldwide freezing injunction, disclosure orders, and to join defendants in "an action to trace and recover 109.83 Bitcoin and 1497.54 Ethereum that were allegedly misappropriated" in a scheme that, inter alia, involved entities in the Cayman Islands and the Seychelles and which "raised two interesting and novel points of law. First, can stolen cryptocurrency assets be the subject of a proprietary injunction? Second, does the court have jurisdiction to grant interim orders against persons whose identities are presently unknown?" in CLM, an unidentified "national of the United States of America and an entrepreneur" v. CLN, CLO, CLP, CPZ, CQA, CQB, and CQC at Singapore High Court.

Gulf Investment Corporation et al v. Port Link GP Ltd. et al: Complaint (‘$74M Fraud Claim’)

March 3, 2022
Writ of Summons and Statement of Claim alleging "a corrupt scheme to launder money or conceal corruption and fraud" in Gulf Investment Corporation, of Kuwait, and General Retirement and Social Insurance Authority, of Qatar v. Port Link GP Ltd., of the Cayman Islands; Mark Eric Williams, of Georgia, USA; Wellspring Capital Group Inc., of Georgia, USA; KGL Investment Company Asia, of the Cayman Islands; Apache Asia Limited, of Hong Kong; Apache Asia Limited, of Macao; Ronald Henry Ayliffe, of Singapore, and Elite First Investment Limited, of the British Virgin Islands, at the Grand Court of the Cayman Islands.

CFTC v. Casper Mikkelsen: Judgment ($4.7M)

February 22, 2022
Final Judgment and Order imposing financial penalties totaling $4.7 million regarding "a fraudulent scheme to solicit and misappropriate money from over 100 individuals" in Commodity Futures Trading Commission v. Casper Mikkelsen, of Denmark, at the U. S. District Court for the Southern District of New York.

Ephraim Atwal v. Bitfinex: Complaint

February 22, 2022
Complaint for damages of $670,000 alleging conversion, breach of contract, unjust enrichment, and negligence involving the alleged theft of cryptocurrency known as EOS in Ephraim Atawl v. iFinex Inc. , BXNA Inc., and BFXWW Inc., all described as British Virgin Islands companies based in Hong Kong that operate "Bitfinex, an online platform for exchanging and trading cryptocurrency", at the U. S. District Court for the Western District of New York.