Doc. 394-8 -- Yellow Brick Road Complaint - Koster-childs-botolino-busch

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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)



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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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)



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



Documents

Doc. 394-8 -- Yellow Brick Road Complaint - Koster-childs-botolino-busch