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UNITED STATED DISTRICT COURT DISTRICT OF MINNESOTA
Yellow Brick Road, LLC,
Plaintiff, vs. Scott A. Koster, John Childs, Alicorn Capital Management, LLC, Richard Hall, Christine Wong-Sang, Greg Botolino, Vladimir Pierre Louis, Berea, Inc., Success Bullion USA LLC, Centerlink LLC, Larry Busch, Busch Law Center, LLC, and Hendrix Touissant,
Defendants.
Civil Action No. _____________
COMPLAINT
JURY TRIAL DEMANDED
Yellow Brick Road, LLC (Yellow Brick Road or Plaintiff), by and
through its counsel, for its complaint against the Defendants states and
alleges as follows:
INTRODUCTION
1. Yellow Brick Road was a victim of the Defendants fraudulent
scheme and conspiracy. Yellow Brick Road was willfully and purposefully
deceived into paying $300,000 to obtain a financial instrument which never
existed (the Conspiracy).
2. Yellow Brick Road was duped by Koster, Childs, Hall and
Wong-Sang, and their companies Alicorn Capital Management, LLC
(Alicorn) and Berea, Inc., with the assistance of their co-conspirators,
Success Bullion USA LLC, Greg Botolino, Vladimir Pierre Louis, Hendrix
Toussaint, Centerlink, LLC, Larry Busch, and Busch Law Center into
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wiring $300,000 to an escrow account controlled by defendant Larry
Busch.
3. Koster and Childs were then supposed to arrange Alicorns
delivery of a Stand By Letter of Credit (SBLC) from Success Bullion to
Berea for use as counterparty collateral (by way of an asset management
agreement) in acquisition of commodity shipments from international
sources.
4. In the end, Yellow Brick Roads funds were released to the
Defendants from escrow, but no SBLC was issued as promised. When
Yellow Brick Road complained, Defendants at first tried to deflect blame
with empty excuses, and then simply stopped responding to Yellow Brick
Road. No SBLC was ever delivered, and no refund of funds was ever
made to Yellow Brick Road.
5. Yellow Brick Road has suffered and continues to suffer
damages from the loss of its $300,000 payment as the result of
Defendants fraud and improper conduct.
PARTIES
6. Plaintiff Yellow Brick Road is a Montana limited liability
company with its principal place of business in Washington. Plaintiffs
members are citizens of Tennessee and Washington.
7. Defendant Scott Koster is a resident of Minnesota. Koster at
all times relevant herein was a principal and an agent of defendant Alicorn.
8. Defendant John Childs is a resident of California and at all
times relevant herein was a principal and agent of Alicorn.
9. Defendant Alicorn is a Minnesota limited liability company with
its principal place of business in Minnesota. On information and belief, its
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members are residents of Minnesota and California and no member is a
citizen of Montana, Tennessee, or Washington.
10. Defendant Richard Hall is a resident of Georgia and at all
times relevant herein was an employee and principle of defendant Berea,
Inc.
11. Defendant Christine Wong-Sang is a resident of Florida, and
at all times relevant herein was an employee and principal of defendant
Berea, Inc.
12. Defendant Greg Botolino is a resident of Georgia and at all
times relevant herein was the Chief Financial Officer of defendant Berea,
Inc.
13. Defendant Vladimir Pierre Louis is a foreign resident of
unknown citizenship and at all times relevant herein was an employee and
principle of defendant Berea, Inc.
14. Defendant Hendrix Toussaint is a foreign resident of unknown
citizenship and at all times relevant herein was an agent of defendant
Berea, Inc.
15. Defendant Berea, Inc. is a Georgia corporation with its
principal place of business in Florida.
16. Defendant Centerlink, LLC is a Nevis limited liability company,
registered to do business in California, and on information and belief its
member(s) is a citizen of California, and no member is a citizen of
Montana, Tennessee, or Washington.
17. Defendant Larry Busch is a resident of Arizona. Defendant
Busch Law Center, LLC is an Arizona limited liability company, and on
information and belief its member(s) is a resident of Arizona and no
member is a citizen of Montana, Tennessee, or Washington.
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18. Defendant Success Bullion USA LLC is a California limited
liability company with its principal place of business in San Francisco,
California, and no member is a citizen of Montana, Tennessee, or
Washington.
19. Defendants Success Bullion USA LLC, Vladimir Pierre Louis,
Greg Botolino, Hendrix Toussaint, Centerlink, LLC, Larry Busch, and
Busch Law Center, LLC knowingly joined Defendants Childs, Koster,
Alicorn, Hall, Wong-Sang and Berea (collectively, the Conspirators) in the
Conspiracy and the conspiratorial objective of operating a fraudulent
enterprise, including obtaining $300,000 from Plaintiff by falsely
representing that an operative SBLC was being provided for use as
counterparty collateral in an investment opportunity providing guaranteed
minimum monthly payments (Conspiratorial Objective).
JURISDICTION & VENUE
20. This Court has jurisdiction over this matter pursuant to 28
U.S.C. 1332 in that Plaintiff and Defendant are citizens of different states
and the amount in controversy exceeds $75,000.00, exclusive of interest
and costs.
21. The Court has jurisdiction over the Defendants because they
have purposefully availed themselves of the laws of Minnesota by pursuing
business opportunities and transacting business within the state of
Minnesota and the Defendants participated in and agreed to join in a
conspiracy, in furtherance of which overt acts were taken within the state
of Minnesota.
22. Venue is proper in this judicial district in accordance with 28
U.S.C. 1391(b)(2) and (3) because a substantial part of the events or
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omissions giving rise to the claim occurred in this district, and because
Defendants have significant contacts with this district by doing business
within this district and taking overt acts in furtherance of the conspiracy
within this district.
FACTUAL ALLEGATIONS
23. In or about early March 2010, Yellow Brick Road became
aware of a purported investment opportunity being offered by Alicorn, in
conjunction with Berea, Inc., a Georgia corporation. Plaintiff was pitched
on the investment by Gregory Botolino, who represented himself to be an
independent investment broker, but, unbeknownst to Plaintiff was the Chief
Financial Officer of Berea.
24. Mr. Botolino informed Owen Welling, the CEO of Yellow Brick
Road, that he was aware of an investment opportunity where a financial
instrument known as a standby letter of credit or SBLC could be leased
by Plaintiff, for a payment of $300,000 (in aggregated fees), that would
return 15% per placed trade on the $ 10,000,000 principle amount of the
letter of credit.
25. Mr. Botolino then introduced Mr. Welling to Defendant Hall of
Berea, Inc. in early March, 2010. On a telephone call, Defendant Hall
represented to Mr. Welling that Alicorn would broker Plaintiffs lease of the
standby letter of credit from a third party for Berea to use as collateral for
commodities investments. Hall stated that John Childs and Scott Koster
were representing Alicorn in this transaction.
26. In or about mid-March, 2010, Defendants Childs and Koster
were introduced to Mr. Welling by Defendant Hall, and Defendants Childs
and Koster represented themselves as Principals in Alicorn.
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27. Between March and May of 2010, Mr. Welling had numerous
telephone calls and e-mail exchanges with Defendants Koster and Childs
and Defendant Hall to discuss the proposed transaction for a SBLC.
Defendants Koster, Childs and Hall represented to Welling that the SBLC
would be obtained by Alicorn from Defendant Success Bullion USA, LLC.
Koster and Childs explained that Defendant Alicorn would be entitled to a
finders fee and the rest of the $300,000 fee would go to Defendant
Success Bullion. They also explained the SBLC would be transmitted by
another intermediary, Defendant Centerlink LLC, to a financial institution
for Berea, Inc. to use as counterparty collateral for commodities trading for
Plaintiffs benefit. At no point in these negotiations was it disclosed to
Plaintiff that Alicorn was not able to obtain an operative SBLC.
28. Specifically, on April 5, 2010, Mr. Welling sent Defendant
Childs a client information sheet and information to complete a
compliance package that Defendant Childs had requested on Alicorns
behalf. Defendant Childs had represented to Mr. Welling that the
information he provided was necessary for Alicorn and Success Bullion
USA, LLC to accept Plaintiffs $300,000 payment for the SBLC.
29. Then, on April 7, 2010, Mr. Welling had several preliminary
questions about the proposed transaction for the SBLC and e-mailed
Defendant Childs to set up a time to talk by phone. Defendant Childs and
Mr. Welling then spoke by telephone later that day about the SBLC, and
they discussed the process of obtaining, transmitting and utilizing the
SBLC. Defendant Childs followed up that call with an e-mail to Mr. Welling
later that day enclosing a template for the SBLC.
30. Then, between April 7 and April 13, Mr. Welling negotiated
with Defendants Childs and Koster regarding the form of an engagement
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letter and related documents between Alicorn and Plaintiff for Alicorn to
obtain a provider for a $10,000,000 standby letter of credit for a fee of
$300,000. Mr. Welling sent Defendant Childs e-mails with Plaintiffs
changes to a draft engagement letter, and Mr. Childs responded with
changes on behalf of Defendant Koster and Alicorn.
31. Under the terms of the proposed transaction, Plaintiff was to
deliver $300,000 to an escrow account to be administered by Defendants
Larry Busch and the Busch Law Center, LLC and to be released upon the
actual delivery of Success Bullion USA, LLCs SBLC by Centerlink, LLC to
the financial institution with which Berea, Inc. would be working.
32. At all times during these negotiations, defendants Childs and
Koster represented that they were working for Alicorn in negotiating a
contract with Yellow Brick Road and in Alicorns performance of the
contract.
33. Then, in mid-April 2010, Mr. Welling had additional telephone
calls with Defendants Childs and Koster wherein they verbally represented
to Mr. Welling that in the transaction, the original, hard copy of the SBLC
from Success Bullion USA, LLC was only to be delivered by Centerlink to
the financial institution with which Berea would be working to utilize the
SBLC.
34. During this period, Plaintiff was provided with a copy of the
purported SBLC from Defendant Success Bullion USA, LLC, and Plaintiff
was informed that Success Bullion USA, LLC was ready, willing and able
to provide the purported SBLC and that Centerlink, LLC was ready, willing
and able to deliver the hard copy of the SBLC to the financial institution
with which Berea, Inc. would be working.
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35. To ensure that Plaintiff was getting what it paid $300,000 for,
Mr. Welling requested from Defendants Childs and Koster that the terms of
the engagement letter be amended to provide that a notice of approval
would be issued from Defendant Berea, Inc. when it confirmed that the
format of the SBLC provided by Success Bullion USA, LLC, via Centerlink,
LLC, was useable and suitable for the purposes of its investments for
Plaintiff under the asset management agreement.
36. In his April 11, 2010 e-mail to Mr. Welling, Defendant Childs
enclosed revised engagement letter documents on behalf of Defendants
Koster and Alicorn and explained how he had agreed to make changes to
the Alicorn-Yellow Brick Road engagement letter on behalf of Alicorn to
accommodate Mr. Wellings wishes. Childs specifically stated that Also
the provider [Centerlink, LLC] is not going to provide us (Scott [Koster] and
I), with the operative [SBLC] instrument. They will however provide us with
a "COPY" of the instrument which we can use in conjunction with the
notice of approval.
37. On April 13, 2010, Defendant Childs, Koster and Mr. Welling
exchanged additional emails regarding further changes to the engagement
letter. At no point in any of the foregoing discussions was Plaintiff
informed that Alicorn was not able to obtain an operative SBLC.
38. Then, on May 19, 2010, Mr. Hall and Defendant Christine
Wong-Sang, CEO of Berea, Inc., presented Mr. Welling by e-mail with an
asset management agreement for him to sign with Berea on behalf of
Yellow Brick Road. Mr. Welling was informed that if he had any questions
about the agreement he could contact Mr. Hall or Defendant Vladamire
Pierre Louis, the third business partner and principal of our platform, who
was also copied on the e-mail.
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39. The agreement purported to set forth the terms by which
Berea, Inc. would manage the $10 million asset represented by the SBLC
that Alicorn was supposedly obtaining for Plainitff. In the agreement,
Berea, Inc. purported that it would identify and manage the entry of the
[SBLC] into an investment opportunity and would make minimum
payments of 15% of the face value of the SBLC on a monthly basis for
twelve (12) months. Defendant Hendrix Toussiant was to serve as the
paymaster for the payments for the term of the agreement.
40. On May 24, 2010, Mr. Welling and Ms. Wong-Sang executed
the agreement.
41. At no point in any of the foregoing was Plaintiff informed by
Mr. Hall, Ms. Wong-Sang or Mr. Pierre Louis that Berea, Inc. would not
identify and manage the entry of an operative SBLC into the commodity
investment platform discussed.
42. On May 26, 2010, Mr. Welling emailed Defendant Childs an
executed engagement letter and related agreements to enter into the
SBLC transaction, including a finders fee agreement between Plaintiff and
Alicorn to be signed by Defendant Koster and Childs on behalf of Alicorn.
43. On May 26, 2010, Defendant Hall sent Mr. Welling his
signature, and the signatures of Defendants Wong Sang and Pierre Louis,
on an exhibit to the Alicorn engagement letter agreeing on behalf of Berea,
Inc. that the proposed format of the SBLC was acceptable to Berea, Inc.
and that Berea, Inc. would execute the notice of approval of the SBLC
when transmitted by Centerlink, LLC.
44. On the same day, Plaintiff wired $300,000 into the escrow
account controlled by Defendant Larry Busch.
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45. Under the terms of the agreement, $50,000 of the $300,000
fee from Plaintiffs was to be wired to Defendant Success Bullion USA,
LLC. The remaining $250,000 was to remain in escrow until Defendant
Berea, Inc. confirmed that the language of the draft SBLC provided by
Success Bullion USA, LLC was suitable through Defendant Halls
execution and delivery of the agreed-to notice of acceptance.
46. Immediately afterwards, Defendant Hall of Berea, Inc., who
purportedly would be placing the SBLC into an investment opportunity to
generate the guaranteed monthly payments to Plaintiff after the SBLC sent
to the counterparty financial institution, stated in an email to Mr. Welling,
on which Defendants Childs and Koster were copied, that Just got off the
phone with Scott [Koster] & John [Childs], and wanted to ensure that
everyone is on the same page regarding who has liability and responsibility
at any given time in/during the transaction(s). Scott & John are our "go-to
guys" to obtain a real SBLC. Attached hereto as Exhibit A is a true and
correct copy of Defendant Halls May 25, 2010 email to Mr. Welling.
47. Defendant Childs confirmed that he would be providing
Plaintiff with notice that Alicorn had received all the required documents
and that it was arranging delivery of the real SBLC through Defendant
Centerlink, LLC consistent with the draft SBLC from Success Bullion USA,
LLC which had been approved of by Berea. However, the SBLC did not
materialize as soon as expected.
48. Defendant Koster falsely attempted to explain the initial delay
in providing the SBLC to Yellow Brick Road on a small issue with the
instrument electronic copy being delivered to the seller prior to Richard
[Hall] signing off in an email on which Childs was copied. Attached hereto
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as Exhibit B is a true and correct copy of Kosters June 10, 2010 email to
Mr. Welling copying Childs.
49. Finally, on June 10, 2010, Defendant Childs falsely
represented that an electronic copy of the SBLC had been delivered by
Defendant Centerlink LLC and asked Defendants Hall and Defendant
Vladamire Pierre Louis to execute a notice of approval of the transaction to
allow Defendant Larry Busch and the Busch Law Center LLC to release
the $250,000 in escrow to Alicorn for its Alicorns fee for arranging the
delivery of the SBLC.
50. On June 10, 2010, Defendant Hall delivered the notice of
approval on behalf of Berea, Inc. and defendants Wong Sang and Pierre
Louis indicating that the real SBLC had been delivered, as Alicorn had
promised. Attached hereto as Exhibit C are a true and correct copies of
June 8, and 9, 2010 emails from Childs to Mr. Welling and Defendants Hall
and Pierre Louis and as Exhibit D is a true and correct copy of Halls June
10, 2010 signed notice of acceptance.
51. All of the foregoing statements were false because,
unbeknownst to Mr. Welling, no real or operative SBLC was delivered.
52. In reliance on Defendant Hall, Koster, and Childs
representations that a real SBLC was delivered by Centerlink LLC, and in
particular Defendant Halls execution of the notice of acceptance that the
format of the SBLC was operative and usable, Mr. Welling countersigned
the notice of acceptance on June 11, 2010. Attached hereto as Exhibit E
is a true and correct copy of Childs June 10, 2010 email to Mr. Welling
and his response on June 11.
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53. Following the receipt of the fully executed notice of
acceptance, the remaining $250,000 was released by Defendant Larry
Busch from escrow to Defendant Alicorn.
54. On June 18, 2010, Mr. Welling was notified in an email from
Defendant Childs, copied to Defendant Koster, that the SBLC had been
received by the counterparty bank. Attached hereto as Exhibit F is a true
and correct copy of Childs June 18, 2010 email to Mr. Welling. This
statement was false because no operative SBLC was received.
55. Much to Plaintiffs dismay, by June 23, 2010, Plaintiff learned
that the SBLC, for which it had contracted, was not delivered as specified
in the agreement documents. Mr. Welling contacted Defendants Childs,
Koster and Hall to inquire what had happened, and how this situation could
be corrected. Attached hereto as Exhibit G is a true and correct copy of
Mr. Wellings June 23, 2010 email to defendants.
56. Instead of admitting that there was no real SBLC from
Success Bullion USA, LLC, Defendants Childs, Koster and Hall continued
to conceal the true facts from Plaintiff. On June 28, 2010, purportedly in
an attempt to determine the resolution of the matter, an update was sent
from Defendant Childs to Mr. Welling and copied to Defendant Hall, raising
purported excuses for the problems with the SBLC transmission to cover
up the fraud that had been perpetrated on Plaintiff. Attached hereto as
Exhibit H is a true and correct copy of Childs June 28, 2010 email to Mr.
Welling.
57. Mr. Welling then sent follow-up communications attempting to
ascertain progress towards resolving the purported problems with the
delivery of the SBLC on July 5, and again on July 14, 2010. Later on July
14, Mr. Welling received a response from Mr. Childs, copied to Defendants
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Koster and Hall, which was entirely perfunctory and devoid of any
meaningful steps to resolution. Attached hereto as Exhibits I and J are
true and correct copies of the e-mails with Childs on July 5 and July 14,
2010 respectively.
58. On August 4, Plaintiff received a communication from
Defendant Koster, copying Defendant Childs, claiming that Defendant Hall
had been the source of the error which supposedly caused the problems in
the delivery of the SBLC because Defendant Hall had not give then
correct coordinates. Koster also indicated that Defendant Berea, Inc.
was going to cover the cost of correcting the error so that a real SBLC
could be issued. Attached hereto as Exhibit K is a true and correct copy of
Kosters August 4, 2010 email to Plaintiff.
59. These assurances were false, and no real SBLC was ever
delivered.
60. Starting in September 2010, Koster, Childs and Hall became
dramatically less and less responsive to communications from Plaintiff. By
February 3, 2011, Defendant Hall informed Plaintiff by email that
Defendant Berea, Inc. had not been able to track down the SBLC,
purportedly because there had been a critical error in the transmission,
ostensibly over how the instrument had been transmitted between
Defendant Success Bullion USA, LLC and the financial institution.
Attached hereto as Exhibit L is a true and correct copy of Halls February
3, 2011 email to Plaintiff.
61. By February 14, 2011, Plaintiff had responded in email,
highlighting the facts and circumstances that Hall had presented, and
showing that Defendants Berea, Inc., Alicorn, Koster, Childs and Hall were
not operating in accordance with the parties agreements. Attached
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hereto as Exhibit M is a true and correct copy of a February 14, 2011 email
between Plaintiff and Defendant Hall.
62. At that time, it became completely apparent to Plaintiff that
there was no SBLC that would ever be delivered by Defendant Success
Bullion USA, LLC and that the transaction was a fraud and a sham to dupe
Plaintiff into providing Defendants with $300,000.
63. On October 17, 2012, a demand letter was sent on Plaintiffs
behalf, requesting performance from Scott A. Koster, John Childs, Richard
Hall, Vladimir Pierre Louis, Christine Wong-Sang, Hendrix Toussiant, and
Larry J. Busch. Attached hereto as Exhibit N is a true and correct copy of
the letter. Plaintiff, to date, still has not received any satisfaction.
COUNT I
(COMMON LAW FRAUD -- Fraud in the Inducement)
64. Plaintiff incorporates by reference the allegations contained in
the preceding paragraphs of this Complaint as if fully set forth herein.
65. This Count is against Defendants Childs, Koster, Alicorn, Hall,
Wong-Sang, Pierre Louis and Berea.
66. During the course of the conduct described herein Defendants
Childs, Koster, Alicorn, Hall, Wong-Sang, Pierre Louis and Berea, Inc.
falsely represented to Plaintiff that Defendant Alicorn would provide an
operative SBLC, or real SBLC, from Success Bullion USA, LLC for
Berea, Inc. to use as counterparty collateral for trades on Plaintiffs behalf
and failed to disclose that the proposed transaction was nothing but a
sham and a fraud and that Alicorn was not able to provide a real SBLC.
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67. Plaintiff agreed to pay $300,000 for an operative SBLC in
reliance on Defendants Childs, Koster, Alicorn, Hall, Wong-Sang, Pierre
Louis and Berea Inc.s representations.
68. Defendants and their co-conspirators intended that Plaintiff
would initially rely and continue relying upon the facts that Defendants
Childs, Koster, Alicorn, Hall, Wong-Sang, Pierre Louis and Berea, Inc.
represented in the negotiations for the engagement letter.
69. If Defendants and their co-conspirators had revealed that no
operative SBLC would be delivered from Success Bullion USA, LLC,
Plaintiff would not have agreed to pay Alicorn and Success Bullion USA,
LLC $300,000.
70. Moreover, Defendants Hall, Wong-Sang, Pierre Louis and
Berea, Inc. also falsely represented to Plaintiff that the form of the SBLC
from Success Bullion USA, LLC purportedly transmitted by Centerlink, LLC
was acceptable.
71. Thus, in reliance on Defendants and their co-conspirators
representations to Plaintiff that the SBLC had been delivered, Plaintiff
signed the notice of acceptance and authorized the release of its funds
from escrow.
72. As a direct and proximate result of Defendants fraudulent
conduct, Plaintiff has suffered injury by losing $300,000 and being denied
the benefits of those funds by, inter alia, being prevented from investing
the $300,000 in Plaintiffs other investment activities, resulting in total
damages far in excess of $300,000.
COUNT II
(Civil Conspiracy to Commit Fraud)
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73. Plaintiff re-alleges each and every allegation set forth above,
and hereby incorporates same by reference, as if all were set forth fully
herein.
74. This count is against all Defendants (the Conspirators).
75. Alicorn, Koster, Childs, Berea, Inc., Hall, Pierre Louis and
Wong-Song knowingly communicated false and fraudulent information to
Plaintiff to induce it to fund and authorize the release of the escrow. These
fraudulent representations were continuously made from March 2010
through February 2011. In reality, the Conspirators were perpetrating a
fraudulent scheme to obtain $300,000 from Plaintiff (the Conspiratorial
Objective). Plaintiff relied on these misrepresentations to its detriment,
causing damages.
76. Between March 2010 and May 2010, Defendants Success
Bullion USA LLC, Greg Botolino, Vladimir Pierre Louis, Hendrix Toussaint,
Centerlink LLC, Larry Busch, and Busch Law Center, LLC entered into an
agreement with Alicorn, Koster, Childs, Berea, Inc., Hall and Wong-Song,
tacit if not explicit, for Success Bullion USA LLC, Vladimir Pierre Louis,
Hendrix Toussaint, Centerlink LLC, Larry Busch, and Busch Law Center,
LLC to join and further the Conspiracy and the Conspiratorial Objective.
77. Between March 2010 and May 2010, Defendants Success
Bullion USA LLC, Greg Botolino, Vladimir Pierre Louis, Hendrix Toussaint,
Centerlink LLC, Larry Busch, and Busch Law Center, LLC agreed to take
concerted actions to achieve the Conspiratorial Objective, to remain silent
about the Conspiracy, and to assist in its continued fraudulent
concealment. Alicorn, Koster, Childs, Berea, Inc., Hal, Pierre Louis and
Wong-Song would cause Success Bullion USA LLC, Vladimir Pierre Louis,
Hendrix Toussaint, Larry Busch, and Busch Law Center, LLC to be paid
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from the deception of Plaintiff rather than from the proceeds of legitimate
operations, in the form of fees or other payments.
78. Defendants Success Bullion USA LLC, Greg Botolino, Hendrix
Toussaint, Centerlink LLC, Larry Busch, and Busch Law Center, LLC
knowingly assisted, furthered, encouraged and concealed the Conspiracy,
by, among other things:
a) Failing to retract or correct the engagement letter
between Plaintiff and Alicorn;
b) Failing to retract or correct the asset management
agreement between Plaintiff and Berea, Inc.;
c) Knowingly permitting their names and e-mail addresses
to be used in documents furtherance of the Conspiracy;
d) Providing Alicorn with a purported copy of a SBLC in the
dealings with Plaintiff;
e) Releasing the entire escrow (including all fees) following
the false and fraudulent execution of the notice of
acceptance;
f) Failing to disclose the Conspiracy to anyone, including
but not limited to Plaintiff or law enforcement;
79. Defendants Success Bullion USA LLC, Greg Botolino,
Vladimir Pierre Louis, Hendrix Toussaint, Centerlink LLC, Larry Busch, and
Busch Law Center, LLC engaged in these and other acts and joined the
Conspiracy so they could get paid fees from the transaction. These
defendants concealed the Conspiracy from the Plaintiff, financial
institutions, the public and law enforcement, and otherwise avoided any
public disclosure of the Conspiracy.
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80. As a result of the Conspiracy, and Defendants Success
Bullion USA LLC, Greg Botolino, Hendrix Toussaint, Centerlink LLC, Larry
Busch, and Busch Law Center, LLC joinder thereof, and the overt acts
committed by Defendants Alicorn, Koster, Childs, Berea, Hall, Vladimir
Pierre Louis, Wong-Sang, Success Bullion USA LLC, Greg Botolino,
Vladimir Pierre Louis, Hendrix Toussaint, Centerlink LLC, Larry Busch, and
Busch Law Center, LLC in furtherance of the Conspiracy, Plaintiff was
damaged in excess of one million dollars.
81. After joining with Alicorn, Koster, Childs, Berea, Hall, Vladimir
Pierre Louis, and Wong-Sang in the Conspiracy, Defendants Success
Bullion USA LLC, Greg Botolino, Hendrix Toussaint, Centerlink LLC, Larry
Busch, and Busch Law Center, LLC never withdrew or abandoned, or
acted inconsistent with or disavowed, or acted to defeat, the Conspiracy or
the Conspiratorial Objective.
COUNT III
(Aiding And Abetting Fraud)
82. Plaintiff re-alleges each and every allegation set forth above,
and hereby incorporates same by reference, as if all were set forth fully
herein.
83. This Count is against Defendants Success Bullion USA LLC,
Greg Botolino, Hendrix Toussaint, Centerlink LLC, Larry Busch, and Busch
Law Center, LLC.
84. During the course of the conduct described herein,
Defendants Success Bullion USA LLC, Greg Botolino, Vladimir Pierre
Louis, Hendrix Toussaint, Centerlink LLC, Larry Busch, and Busch Law
Center, LLC agreed to assist Alicorn, Koster, Childs, Berea, Hall, Pierre
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Louis, and Wong-Song in obtaining $300,000 from Plaintiffs under false
pretenses. Notwithstanding these agreements, Defendants and their co-
conspirators schemed to defraud Plaintiff by fraudulently concealing
Alicorn was not able to obtain an operative SBLC from Success Bullion
USA, LLC.
85. Defendants Defendants Success Bullion USA LLC, Greg
Botolino, Hendrix Toussaint, Centerlink LLC, Larry Busch, and Busch Law
Center, LLC knew or acted in reckless disregard of the truth that
Defendants Alicorn, Koster, Childs, Berea, Inc., Hall, and Wong-Songs
conduct constituted fraudulent conduct.
86. Despite having such knowledge or in reckless disregard for
the truth, Defendants Success Bullion USA LLC, Greg Botolino, Hendrix
Toussaint, Centerlink LLC, Larry Busch, and Busch Law Center, LLC
substantially assisted or encouraged Defendants Alicorn, Koster, Childs,
Berea, Inc., Hall, Pierre Louis, and Wong-Song in achieving the objectives
of their fraud.
87. As a direct and proximate result of Defendants assistance
and encouragement, Plaintiffs has been injured in their business and
property in that the Defendants conduct caused Plaintiff to lose $300,000
and the use of those funds to pursue the investment opportunities for
which Plaintiff bargained in good faith and for which ample consideration
was paid.
88. As a direct and proximate result of Defendants actions,
Plaintiff has suffered damages in excess of one million dollars.
COUNT IV
(CIVIL THEFT -- Minn. Stat. 604.14)
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89. Plaintiff re-alleges each and every allegation set forth above,
and hereby incorporates same by reference, as if all were set forth fully
herein.
90. This Count for violation of Minnesota Statute 604.14 is
against all Defendants.
91. Plaintiff rightfully and lawfully possessed $300,000, and
Defendants stole Plaintiffs $300,000 by taking possession of the property
through fraud and deceit, preventing Plaintiff from having access to the
property, and refusing to return the property after demand by Plaintiff.
92. Defendants are liable to Plaintiff for the value of the property
stolen, plus punitive damages up to 100 percent of its value when stolen
pursuant to Minnesota Statute 604.14, subdivision 1.
COUNT V
(CONVERSION)
93. Plaintiff re-alleges each and every allegation set forth above,
and hereby incorporates same by reference, as if all were set forth fully
herein.
94. This Count is against all Defendants.
95. Plaintiff rightfully and lawfully possessed $300,000, and
Defendants intentionally and substantially interfered with Plaintiffs property
by taking possession of the property through fraud and deceit, preventing
Plaintiff from having access to the property, and refusing to return the
property after demand by Plaintiff.
96. As a direct and proximate result of Defendants actions,
Plaintiff has suffered damages far in excess of $300,000.
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RELIEF REQUESTED
WHEREFORE, Plaintiff requests that the Court enter judgment
against Defendants, awarding the following relief:
1. For an order awarding compensatory and consequential
damages;
2. For an order awarding Plaintiff restitution and/or disgorgement
and other equitable relief as the Court deems proper;
3. Statutory damages, and such other relief as provided, where
appropriate;
4. Pre- and post-judgment interest on such monetary relief;
5. The costs of bringing this suit, including reasonable attorney
fees and costs where allowed by law; and
6. All other relief to which Plaintiff may be entitled which the
Court deems just and equitable. Dated: August 16, 2013 MURNANE BRANDT
s/Kelly S. Hadac Kelly S. Hadac #0328194 Christian A. Brandt #0388250 Attorneys for Plaintiff Yellow Brick Road, LLC 30 East Seventh Street, Suite 3200 St. Paul, MN 55101-4919 (651) 227-9411 [email protected] [email protected]
1694118
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