TCA Global v Marine Industries Et Al Doc 1 Filed 17 Jul 12

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IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF FLORIDA

Case No.

TCA GLOBAL CREDIT MASTER FUND, L.P.,a Cayman Islands limited partnership,

Plaintiff,

vs.

MARINE INDUSTRIES, LLC, purporting to be a Nevada limited liability company, and AMAR BAHADOORSINGH, an individual,

Defendants.___ _______ /

COMPLAINT

Plaintiff, TCA GLOBAL CREDIT MASTER FUND, L.P., a Cayman Islands limited

partnership, (“TCA Fund” or the “Plaintiff”), by and through its undersigned counsel, hereby sues

Defendants MARINE INDUSTRIES, LLC (“Marine”), purporting to be a Nevada limited liability

company, and its “Duly Authorized Agent,” AMAR BAHADOORSINGH (“Bahadoorsingh”), an

individual believed to reside in California (collectively, the “Defendants”), and alleges:

NATURE OF THE ACTION

1. This action seeks to recover payments due under a “Confidential Settlement

Agreement and Mutual Release,” (the “Settlement Agreement”) effective October 31, 2011,

attached as Exhibit A hereto, pursuant to which Marine — acting through its “Duly Authorized

Agent,” Bahadoorsingh — agreed to pay $199,980.00 to TCA Fund, with an initial payment of

$25,000.00 due on or before December 1, 2011, and the unpaid balance of $174,980.00, plus accrued

Case 9:12-cv-80768-KLR Document 1 Entered on FLSD Docket 07/17/2012 Page 1 of 18

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interest a rate of seven percent per annum, in thirty-nine monthly installments of principal and

interest in the amount of $5,000.00 per month and a fortieth and final monthly payment of principal

and interest in the amount of $1,289.79.

2. Marine’s counsel made the initial payment of $25,000.00 on behalf of Marine but

Marine has failed to make any further payments as required by the Settlement Agreement.

Furthermore, Marine does not appear to be a legal entity and, since Bahadoorsingh knew or should

have known whether Marine was a legal entity when he executed the Settlement Agreement as

Marine’s “Duly Authorized Agent,” Bahadoorsingh is individually responsible for Marine’s

obligations under the terms of the Settlement Agreement. Alternatively, if Marine is a legal entity,

it does not appear to have any separate legitimate existence or assets and appears to be a “mere

instrumentality” or “alter ego” of Bahadoorsingh used by him to engage in wrongful conduct, such

as that alleged herein. Accordingly, Plaintiff seeks monetary damages in the amount of the unpaid

balance of $174,980.00, plus accrued prejudgment interest at a rate of seven percent per annum,

costs and attorney’s fees, as well as postjudgment interest.

3. In addition, given the facts as set forth below, Bahadoorsingh fraudulently induced

TCA Fund into entering into the Settlement Agreement by representing that Marine was a legal

entity with a legitimate existence such that it could enter into binding contracts. Accordingly,

Plaintiff seeks monetary damages in the amount of the unpaid balance of $174,980.00, plus accrued

prejudgment interest at a rate of seven percent per annum, costs and attorney’s fees, as well as

postjudgment interest from Bahadoorsingh as a result of his fraudulent inducement.

4. Finally, the underlying claim by TCA Fund which gave rise to the Settlement

Agreement was a claim for civil theft against Marine and if, for any reason, TCA Fund cannot


TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al.,Complaint for Monetary Damages

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recover the sum due and owing under the Settlement Agreement, TCA Fund seeks a judgment

against Marine pursuant to Florida’s Civil Theft Statute.

PARTIES, JURISDICTION AND VENUE

5. Pursuant to 28 U.S.C. § 1332(a)(2), this is a civil action in which the matter in

controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs, and is between

Plaintiff TCA Fund, a citizen of a foreign state (the Cayman Islands), on the one hand, and

Defendant Marine, purportedly a Nevada limited liability company, and Bahadoorsingh, believed

to be a citizen of California, on the other hand.

6. At all relevant times, Plaintiff TCA Fund was formed in the Cayman Islands, a

foreign state, and maintained its principal place of business in the Cayman Islands. Plaintiff TCA

Fund is, therefore, a citizen of a foreign state within the meaning of 28 U.S.C. § 1332(a)(2).

Plaintiff TCA Fund is obligated to pay its attorneys a reasonable fee for the attorneys’ services.

TCA Fund is managed by the TCA Fund Management Group which itself maintains offices in

London, Sydney and also in Hollywood, Florida.

7. Defendant Marine purports to be a Nevada limited liability company with its address

at 848 N. Rainbow Blvd., #3052, Las Vegas, NV 89107 but that address is the location of a mail

drop and a search of the business records of the Nevada Secretary of State on July 2, 2012 does not

locate any record indicating that Defendant Marine is a legal entity in that State. Indeed, a

nationwide search conducted through Westlaw’s database CORP-ALL indicates that in the entire

country, there is only one active entity identified as “Marine Industries, LLC” and such entity is a



1 Corporate records for the states of Delaware and New York indicate that a Delaware entityidentified as “Marine Industries Company, LLC” is registered to do business in New York but thoserecords do not reflect any connection between “Marine Industries Company, LLC” and DefendantMarine.

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Wyoming entity that does not appear to have any relationship to Defendant Marine.1 Pursuant to

the terms of the Settlement Agreement, any notices to Marine are to be sent in care of its counsel,

Luis Carrillo, Esq., Carrillo Huettel, LLP, 3033 Fifth Avenue, Suite 400, San Diego, California

92103.

8. Defendant Bahadoorsingh purports to be the “duly authorized agent” of Marine and

executed the Settlement Agreement on behalf of Marine. By virtue of executing that Agreement

when he knew or should have known that Marine is not a legal entity, Bahadoorsingh is himself

liable for Marine’s obligations under the terms of the Settlement Agreement. Upon information

and belief, Bahadoorsingh resides in California at 7004 85th St. W, Los Angeles, California 90045-

2625. Upon information and belief, Bahadoorsingh uses Marine in bad faith as an “alter ego” to

engage in wrongful conduct in the hope of escaping personal liability for same. Consequently, upon

information and belief, Marine has no separate assets or legitimate existence and Bahadoorsingh

commingles assets amongst various entities that he controls.

9. This Court has personal jurisdiction over the Defendants pursuant to the Settlement

Agreement, attached as Exhibit A hereto, since as an initial matter, the Settlement Agreement

required Marine to make the payments due thereunder to TCA Fund’s counsel in Boca Raton,

Florida. See Fla. Stat. § 48.193(g) (long arm statute providing that person subjects himself to

jurisdiction of Florida courts as result of “[b]reaching a contract in this state by failing to perform



2 In one of the few references found in an internet search for Marine Industries, LLC andAmar Bahadoorsingh, Marine is identified as the payee on a promissory note attached as an exhibitto an SEC filing of Cargo Connection Logistics Holding, Inc., a Florida corporation:

Cargo Connection Logistics Holding, Inc., a Florida corporation (the "Maker"), withan address of PO Box 248, East Meadow, NY 11554, for value received, hereby

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acts required by the contract to be performed in this state”).

10. In the Settlement Agreement, the parties also warranted that they had the authority

to execute the Agreement:

The undersigned parties warrant and represent that they are duly authorizedto execute this Agreement, have the full authority to bind the Party that they purportto bind by their signature, and that the Parties have been represented by counsel oftheir choice. . . .

See Settlement Agreement, attached as Exhibit A hereto, at ¶ 9.

11. Furthermore, the Settlement Agreement contains a Choice of Law and Venue clause

stating:

This Agreement and all transactions contemplated by this Agreement shall begoverned by, and construed and enforced in accordance with, the laws of the Stateof Florida. Any litigation brought or held on the basis of this Agreement shall bebrought and held in Palm Beach County, Florida.

See Settlement Agreement, attached as Exhibit A hereto, at ¶ 5.

12. By executing the Settlement Agreement as the “duly authorized agent” of Marine,

when he knew or should have known that Marine is not a legal entity, Bahadoorsingh is himself

subject to individual liability under the Settlement Agreement.

13. Given the express language in the Settlement Agreement, both Defendants have

sufficient minimum contacts with the State of Florida,2 the forum State, to satisfy the Due Process



promises to pay to the order of Marine Industries LLC, a Nevada corporation(“Payee”), with an address of 848 North Rainbow Boulevard, #3052, Las Vegas,NV89107 or their designees, the principal sum of nine thousand dollars ($9,000),together with interest thereon . . .

http://www.sec.gov/Archives/edgar/data/1093819/000121390010005296/f10k2008ex10xxvi_cargoconn.htm

Notably, Bahadoorsingh executed the note on behalf of Marine and is identified as the person towhom notice should be sent in that note. Thus, Marine and Bahadoorsingh appear to engage inactivities which provide “sufficient minimum contacts” with a number of States, including Florida.

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Clause of the Fourteenth Amendment to the United States Constitution so that the “maintenance of

the suit does not offend ‘traditional notions of fair play and substantial justice.’”

14. All conditions precedent to commencing this action have occurred, been satisfied,

or have been waived. Specifically, the Settlement Agreement requires that, in the event that Marine

fails to make a payment when due, Marine will be deemed in default if such default has not been

cured after first being given ten (10) days notice and an opportunity to cure. Through its

undersigned counsel, TCA Fund has twice — on December 2, 2011 and January 4, 2012 — provided

Marine with the requisite notice of default and opportunity to cure. See composite Exhibit B hereto.

Marine has failed to cure its default.

15. Venue is proper in this district for the reasons set forth in the foregoing paragraphs.

Specifically, the Settlement Agreement contains a specific Venue provision providing that “[a]ny

litigation brought or held on the basis of this Agreement shall be brought and held in Palm Beach

County, Florida.” See Settlement Agreement, attached as Exhibit A hereto, at ¶ 5.



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GENERAL ALLEGATIONS

16. Prior to its current management by TCA Fund Management Group, Plaintiff TCA

Fund was managed by Trafalgar Capital Advisors, LLC (“Trafalgar Advisors”), a Florida limited

liability corporation in the business of managing various funds, including TCA Fund.

17. Beginning on an unknown date but by at least in or about October 2010, a former

employee of Trafalgar Advisors commenced an elaborate fraudulent scheme to deprive TCA Fund

of at least $268,000.00 that was held by a law firm in escrow (the “TCA Fund Escrow Account”)

and earmarked for the sole and exclusive purpose of funding a specific loan.

18. The former employee, without the knowledge, consent, or approval of either TCA

Fund or Trafalgar Advisors, secretly arranged a wire transfer of $199,980.00 in funds from the TCA

Fund Escrow Account to an intermediary who subsequently wire transferred those funds to a bank

account controlled by Defendants.

19. Following the departure of the former employee from her employment at Trafalgar

Advisors, TCA Fund conducted a forensic investigation of all transactions involving the employee

which resulted in the confirmation of the employee’s embezzlement of funds. Specifically, TCA

Fund learned of, among other things, the employee’s wrongful transfer of $199,980.00 from the

TCA Fund Escrow Account to an intermediary who subsequently wire transferred those funds to a

bank account controlled by Defendants on or about October 26, 2010.

20. After TCA Fund learned of the unlawful payment to Marine, a representative of TCA

Fund advised Bahadoorsingh that TCA Fund was aware of the payment and demanded that the funds

be returned.



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21. Section 772.11(1) of the Florida Statutes provides that any person who proves by

clear and convincing evidence that he has been injured by a civil theft has a cause of action for

threefold the actual damages sustained and, in any such action, is also entitled to reasonable

attorneys’ fees and court costs in the trial and appellate courts. Before filing an action for damages

under Section 772.11(1), the person claiming injury must make a written demand and if the person

to whom the demand is directed complies with same within thirty (30) days after receipt of the

demand, such person shall be given a release from further civil liability for the specific act of theft

or exploitation. On June 6, 2011, the undersigned counsel for TCA Fund made a written demand

on Marine pursuant to Florida’s Civil Theft Statute, Section 772.11 of the Florida Statutes. See Civil

Theft Demand, attached as Exhibit C hereto. Marine did not comply with same.

22. In the Settlement Agreement, attached as Exhibit A and effective as of October 31,

2011, Marine agreed to pay $199,980.00 to TCA Fund, with an initial payment of $25,000.00 due

before December 1, 2011, and the remaining $174,980.00, plus accrued interest at a rate of seven

percent per annum, to be paid in thirty-nine monthly installments of principal and interest in the

amount of $5,000.00 per month and the fortieth and final payment of principal and interest to be in

the amount of $1,289.79. Marine’s payments were to be made in cleared funds to TCA Fund’s

undersigned counsel’s IOTA Trust Account.

23. Pursuant to the terms of the Settlement Agreement, Marine’s counsel, on Marine’s

behalf, transmitted by wire the initial payment of $25,000.00 to TCA Fund’s undersigned counsel

on or before December 1, 2011 but Marine has failed to make any of the subsequent payments. As

a result, Marine is in default. See Settlement Agreement, attached as Exhibit A hereto, at ¶ 3 (“In



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the event that MARINE fails to make a payment when due hereunder, then MARINE shall be

deemed to be in default hereunder if such default has not been cured after first being given ten (10)

days notice and an opportunity to cure . . .”).

24. On December 2, 2011 and, again on January 4, 2012, the undersigned counsel for

TCA Fund provided a written Notice of Default to Marine’s counsel, providing Marine with both

notice and an opportunity to cure its default. See composite Exhibit B.

25. Despite ample notice and opportunity, Marine has failed to cure its default under the

Settlement Agreement. Pursuant to Paragraph 3 of the Settlement Agreement, “[i]f MARINE fails

to cure a default, then the entire unpaid balance as of the date of the default shall be accelerated and

shall immediately become due and payable. . . .” See Settlement Agreement, Exhibit A hereto, at

¶ 3. Defendant Marine also agreed “to waive any and all defenses to any action filed by the TCA

FUND seeking to enforce this Agreement . . .” Id.

26. Although Defendant Marine purports to be a Nevada limited liability company with

its address at 848 N. Rainbow Blvd., #3052, Las Vegas, NV 89107, that address is the location of

a mail drop and a search of the business records of the Nevada Secretary of State on July 2, 2012

does not locate any record indicating that Defendant Marine is registered as a legal entity in that

State. Indeed, a nationwide search conducted through Westlaw’s database CORP-ALL on the same

date indicates that in the entire country, there is only one active entity identified as Marine



3 As previously indicated, corporate records for the states of Delaware and New Yorkindicate that a Delaware entity identified as “Marine Industries Company, LLC” is registered to dobusiness in New York but those records do not reflect any connection between “Marine IndustriesCompany, LLC” and Defendant Marine. In the event that the Settlement Agreement does notcontain the legal and correct name of Defendant Marine, Plaintiff will request reformation of thatdocument. See, e.g, CJM Financing, Inc. v. Castillo Grand, LLC, 40 So.3d 863, 864 n.3 (Fla. 4th

DCA 2010) (“‘in reforming a written instrument, an equity court in no way alters the agreement ofthe parties. Instead, the reformation only corrects the defective written instrument so that itaccurately reflects the true terms of the agreement actually reached.’”), quoting Providence SquareAss’n v. Biancardi, 507 So.2d 1366, 1369-70 (Fla. 1987).

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Industries, LLC and such entity is a Wyoming entity that does not appear to have any relationship

to Defendant Marine.3

27. As indicated at page 6 of the Settlement Agreement, attached hereto as Exhibit A,

Bahadoorsingh executed the Settlement Agreement on behalf of Marine in his capacity as Marine’s

“Duly Authorized Agent.” If Marine is indeed not a legal entity in its own right, Bahadoorsingh

knew or should have known that fact. As a result, if Marine is not a legal entity, then Bahadoorsingh

is individually and personally liable for Marine’s obligations as set forth in the Settlement

Agreement, including Marine’s obligation with regard to payments due and owing to TCA Fund.

See, e.g., I.W. Phillips & Co. v. Hall, 128 So. 635, (Fla. 1930) ( “An agent will be held personally

liable where he professes to enter into a contract for a principal who is at the time nonexistent, or

legally incompetent or irresponsible . . . as an agent assuming to contract for a principal must make

a contract binding upon some principal, or else he himself is liable.”).

28. In the event that Marine is a legal entity, the corporate veil should be pierced to hold

Bahadoorsingh personally responsible for Marine’s debts and conduct since, upon information and



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belief, Bahadoorsingh uses Marine as an “alter ego” or “mere instrumentality” to engage in wrongful

conduct, Marine has no legitimate separate existence or assets, and Bahadoorsingh commingles

assets amongst his accounts and the entities that he controls. See Fla. Stat. § 608.701 (“In any case

in which a party seeks to hold the members of a limited liability company personally responsible for

the liabilities or alleged improper actions of the limited liability company, the court shall apply the

case law which interprets the conditions and circumstances under which the corporate veil of a

corporation may be pierced under the law of this state.”); 17315 Collins Ave., LLC v. Fortune Dev.

Sales Corp., 34 So.3d 166, 168 (Fla. 3d DCA 2010) (affirming piercing of corporate veil in context

of LLC when subsidiary LLC was used as “mere instrumentality” and “alter ego” of parent to

engage in improper purpose such as misleading creditors or perpetrating a fraud).

29. In the Settlement Agreement, the parties also agreed that, in the event a dispute arose

regarding that agreement, “the prevailing party in any action or other proceeding brought to resolve

said dispute shall be entitled to recover from the losing party its reasonable costs and attorney’s fees

arising therefrom, including costs and attorney’s fees incident to any appeals.” See Settlement

Agreement, attached as Exhibit A hereto, at ¶ 15.

30. TCA Fund now brings this action and seeks:

(1) if Marine is indeed a legal entity, a judgment against Marine for the amount due and

owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus accrued interest

at a rate of seven percent per annum pre-judgment, attorney’s fees and costs, and post-judgment

interest at the legal rate;



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(2) if Marine is indeed a legal entity but has no assets and the evidence demonstrates that

it is a “mere instrumentality” and “alter ego” of Bahadoorsingh used for an improper purpose such

that Marine’s “corporate veil” should be pierced, a judgment against Bahadoorsingh individually

for the amount due and owing under the Settlement Agreement — the unpaid balance of

$174,980.00, plus accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees

and costs, and post-judgment interest at the legal rate;

(3) if Marine is not a legal entity and the evidence demonstrates that Bahadoorsingh

knew or should have known that Marine was not a legal entity when he executed the Settlement

Agreement purporting to bind Marine, a judgment against Bahadoorsingh individually for the

amount due and owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus

accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees and costs, and

post-judgment interest at the legal rate; and

(4) in the event that Marine is not a legal entity with adequate capitalization, and the

evidence is clear and convincing that Bahadoorsingh fraudulently induced Plaintiff to enter into the

Settlement Agreement by representing that Marine was indeed a legal entity with adequate

capitalization, a judgment against Bahadoorsingh individually for the harm resulting to Plaintiff —

compensatory damages in the amount of$174,980.00, plus post-judgment interest at the legal rate

— and, pursuant to Section 768.72 of the Florida Statutes, Plaintiff TCA Fund will seek leave to

amend this Complaint to seek an award of punitive damages if clear and convincing evidence

demonstrates that Defendant Bahadoorsingh was personally guilty of intentional misconduct or gross



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negligence and that such punitive damages would deter him from fraudulently inducing others to

enter into contracts with “Marine Industries, LLC”; and

(5) a judgment against Marine pursuant to Florida’s Civil Theft Statute, Section 772.11

of the Florida Statutes, in the amount of $599,940.00, plus interest, attorneys’ fees and costs.

COUNT I - FOR AMOUNT DUE UNDER SETTLEMENT AGREEMENT(Against Defendant Marine)

31. Plaintiff TCA Fund realleges and incorporates by reference the allegations set forth

above in Paragraphs 1 through 30 as if fully set forth herein.

32. Defendant Marine has failed to timely pay $174,980.00, the amount due and owing

under the Settlement Agreement, attached hereto as Exhibit A, and consequently, is in default under

the terms of that Agreement.

WHEREFORE, Plaintiff TCA Fund respectfully requests that this Court enter a judgment

in favor of Plaintiff TCA Fund and against Defendant Marine and which:

A. Orders that Defendant Marine shall pay the unpaid balance of $174,980.00 due under

the Settlement Agreement;

B. Orders that Defendant Marine shall pay pre-judgment interest from October 31, 2011

until the entry of judgment accruing at the rate of seven percent (7%) simple interest

per annum pursuant to the terms of the Settlement Agreement;

C. Orders that Defendant Marine shall pay post-judgment interest on the foregoing

monetary damages at the legal rate of interest pursuant to Section 55.03 of the

Florida Statutes; and



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D. Orders that Defendant Marine shall pay all reasonable fees and expenses incurred by

TCA Fund, including the reasonable fees of counsel, in connection with the

enforcement of TCA Fund’s rights under the Settlement Agreement; and

E. Awards Plaintiff TCA Fund such other and further relief as this Court deems just

and proper.

COUNT II - FOR AMOUNT DUE UNDER SETTLEMENT AGREEMENT(Against Defendant Bahadoorsingh)



34. Defendant Marine has failed to timely pay $174,980.00, the amount due and owing

under the Settlement Agreement, attached hereto as Exhibit A, and consequently, is in default under

the terms of that Agreement.

35. If Marine is indeed a legal entity but has no assets and the evidence demonstrates that

it is a “mere instrumentality” and “alter ego” of Bahadoorsingh used for an improper purpose such

that Marine’s “corporate veil” should be pierced, TCA Fund seeks a judgment against

Bahadoorsingh individually for the amount due and owing under the Settlement Agreement — the

unpaid balance of $174,980.00, plus accrued interest at a rate of seven percent per annum pre-

judgment, attorney’s fees and costs, and post-judgment interest at the legal rate.

36. If Marine is not a legal entity and the evidence demonstrates that Bahadoorsingh

knew or should have known that Marine was not a legal entity when he executed the Settlement

Agreement purporting to bind Marine, then Bahadoorsingh is liable individually to TCA Fund for



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the amount due and owing under the Settlement Agreement — the unpaid balance of $174,980.00,

plus accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees and costs,

and post-judgment interest at the legal rate.


in favor of Plaintiff TCA Fund and against Defendant Bahadoorsingh and which:

A. Orders that Defendant Bahadoorsingh shall pay the unpaid balance of $174,980.00

due under the Settlement Agreement;

B. Orders that Defendant Bahadoorsingh shall pay pre-judgment interest from October

31, 2011 until the entry of judgment accruing at the rate of seven percent (7%)

simple interest per annum pursuant to the terms of the Settlement Agreement;

C. Orders that Defendant Bahadoorsingh shall pay post-judgment interest on the

foregoing monetary damages at the legal rate of interest pursuant to Section 55.03

of the Florida Statutes; and

D. Orders that Defendant Bahadoorsingh shall pay all reasonable fees and expenses

incurred by TCA Fund, including the reasonable fees of counsel, in connection with

the enforcement of TCA Fund’s rights under the Settlement Agreement; and

E. Awards Plaintiff TCA Fund such other and further relief as this Court deems just

and proper.



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COUNT III - FOR FRAUD IN THE INDUCEMENT(Against Defendant Bahadoorsingh)



38. In inducing TCA Fund to enter into the Settlement Agreement, Bahadoorsingh

misrepresented a material fact — i.e., that Marine was a legal entity with a legitimate existence —

and TCA Fund justifiably relied on that misrepresentation to its detriment in entering into the

Settlement Agreement.

39. As a direct and proximate result of Bahadoorsingh’s fraudulent inducements, TCA

Fund has suffered injury and seeks compensatory damages from Bahadoorsingh individually for the

amount due and owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus

accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees and costs, and

post-judgment interest at the legal rate.

40. Pursuant to Section 768.72 of the Florida Statutes, Plaintiff TCA Fund will seek

leave to amend this Complaint to seek an award of punitive damages if clear and convincing

evidence demonstrates that Defendant Bahadoorsingh was personally guilty of intentional

misconduct or gross negligence and that such punitive damages would deter him from fraudulently

inducing others to enter into contracts with Marine.


in favor of Plaintiff TCA Fund and against Defendant Bahadoorsingh and which:



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A. Orders that Defendant Bahadoorsingh shall pay compensatory damages in the

amount of $174,980.00 plus all reasonable fees and expenses incurred by TCA Fund

in this litigation, including the reasonable fees of counsel;

B. Orders that Defendant Bahadoorsingh shall pay pre-judgment interest on the

foregoing compensatory damages from October 31, 2011 until the entry of judgment

accruing at the rate of seven percent (7%) simple interest per annum;

C. Orders that Defendant Bahadoorsingh shall pay post-judgment interest on the

foregoing compensatory damages at the legal rate of interest pursuant to Section

55.03 of the Florida Statutes; and

D. Awards Plaintiff TCA Fund such other and further relief as this Court deems just

and proper.

COUNT IV - FOR CIVIL THEFT(Against Defendant Marine)



42. As more fully described above, Defendant Marine knowingly obtained or used, or

endeavored to obtain or use, property belonging to TCA Fund — i.e., $$199,980.00 — with the

felonious intent to either temporarily or permanently deprive TCA Fund of its rights to that property

and to appropriate that property for the Defendant’s own use.

43. Before filing this action, TCA Fund made a written demand on Marine, attached as

Exhibit C hereto, for damages under Section 772.11 of the Florida Statutes.



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in favor of Plaintiff TCA Fund and against Defendant Marine and which:

A. Orders that Defendant Marine shall pay threefold the actual damages sustained by

TCA Fund — three times the amount of $195,980.00 or $599,940.00 --- plus

reasonable attorney’s fees and court costs;

B. Orders that Defendant Marine shall pay post-judgment interest on the foregoing

judgment at the legal rate of interest pursuant to Section 55.03 of the Florida

Statutes; and

C. Awards Plaintiff TCA Fund such other and further relief as this Court deems just

and proper.

Dated: July 17, 2012 Respectfully submitted,Boca Raton, Florida

s/Carl F. SchoepplCarl F. Schoeppl, Esq.Florida Bar No. 818518Counsel for Plaintiff TCA Global Credit Master Fund, L.P. SCHOEPPL & BURKE, P.A.4651 North Federal HighwayBoca Raton, Florida 33431Telephone: (561) 394-8301Facsimile: (561) 394-3121E-mail: [email protected]

F:\TCA Global - Servus\Pleadings\Complaint Marine 07 17 12FINAL.wpd


Documents

TCA Global v Marine Industries Et Al Doc 1 Filed 17 Jul 12