Jjp lawsuit

  • View
    223

  • Download
    5

Embed Size (px)

DESCRIPTION

 

Text of Jjp lawsuit

  • ADDendL XnBl

    ClvlI CNSE INFORMATION STATEMENT(crs)

    Use for initial Law DivisionCivil Part pleadings (not motions) under Rure 4:5-1

    Pleading will be rejected for filing, under Rure 1 :5-6(c),if information above the black bar is not completed

    or attorney's signature is not affixed

    PAYMENTTYPE C CG CACHci/cK No.

    AMoUNT:

    OVERPAYMENT:

    BATCH NUMBER:

    AORNEY PRO SE NAMEPAUL DILLON,ESQ

    TELEPHONE NUMBER(973)758 0900

    COuNTY OF VENUEOcean

    FIRM NAME(r applcablo)BL00M&D:LLON,PC REC[|&FILEE

    |

    KttWl

    OFFICE ADDRESS70 SOUTH ORANGE AVENUESUITE 240LIVINGSTON,N 07039

    DEC -2 a141

    DOCCCJMENTI/PE VMPLAINT

    UR DEMAND E Yes ENoNAME OF PARTY(eO, hn Doe,PlainuD

    ELAUT USA,lNC,PLAINTIFF L

    CASE TYPE NUMBERISee reverse sldefor sung)

    699

    HURR!CANE SANDYRELATED? YES tt N0

    lS THlS A PROFESS10NAL MALPRACTlCE CASE? YES tt NOIFYOU HAVE CHECKED ES,"SEE 7V SA 2A 53A 27 AND APPLiCABLE CASE LAWRECARDING YOUR OBL10AT10N TO FlLE AN AFFIDAVlT OF MERIT

    RELATED CASES PENDING? YES No

    IF YES.LIST DOC ET NUMBERSL002327 14

    DO YOU ANTICIPATE ADDING ANY PARTlES(aSing out of same transacuon Or Occurence)?

    YES tt No

    NAME OF DEFENDANT'S PRIMARYINSuRANCE COMPANY(rknom)NONEUNKNOWN

    CASE CHARACTERiSTlCS FOR PURPOSES OF DETERMlNING IF CASEIS PPROPRIATE FOR MEDIAT10N

    DO PARTIES HAVEA CuRRENT,PAST ORRECuRRENT RELAT10NSH:P?

    YES NO

    IF YESJS THAT RELATIONSHIP:E EMPLoYER/EMPLOYEEE FAI L|AL

    E FRIENo/NEIGHBOR E OTHER (EXPIAIN)El BusrNEss

    DOESTHE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BYTHE LOSING PARTY? El YEs I NouSETHISSPACETOALERTTHECOURTTOANYSPECIALCASECHARACTERISTICSTHATMAYWARRANTINDIVIDUALMANACEMENTORACCELERATED DlSPOSIT10N

    ::F~ : (l

    R YOuR CuE

    ]N:ANY uSABLY ACCOMMODAr NS? IFYES,PLEASElDENTIFV THE REQUESTED ACCOMMODAT10N

    WILL AN!NIERPRETER BE NEEDED? YES tt N0

    IF YES, FOR WHAT LANGUAGE?

    I certify that confldential peEonal idontifiers have been rodactd from documents now submitted to the court, and will beredacted from all documenG submltted in tho futuro in accord8nca with Rure 1:38-7(b).

    =Effective O 192013,CN 10517Engsh page 1of2

    10R USE 3V CLEF S OIIICE OlLY

    THEINFORMAT:ON PROViDED ON THlS FORM CANNOT BE:NTRODUCEDINTO EVIDENCE

  • CIVIL CASE INFORMAT10N SttATEMENTuse JadngsRR undtt RJre 4

    CASE TYPES(ChOOSe One and enter number of case type in approp ate space on the reverse side)Track: 150 daysi discovery151 NAME CHANGE175 FORFEITURE302 TENANCY

    :: (:lCndemmm mmmemmm:

    NCE CIMnCluang dedarato dgmen adbn

    ] 8V8f 3it]cN:::

    Track:! 300 days'discovery305 CONSTRUCT10N

    ::::l:RN603N AuTO NECLIGENCE PERSONALlN URY(nonVerbai ulreshOd)603Y AUTO NECL!GENCE PERSONALINURY lvetalthreshold)605 PERSONALIN URY610 AuTO NEGLIGENCE PROPERTY DAMAGE

    :::M mdes bodw tturylTrack: 450 days'discovery

    005 CIVlL RIGHTS301 CONDEMNAT10N602 ASSAULT AND BA ERY604 MED!CAL MALPRACTICE606 PRODuCT LIAB:LITY607 PROFESS:ONAL MALPRACTICE608 TOXiC TORT609 DEFAMAT10N616 WH:STLEBLOWER CONSCIENT10uS EMPLOYEE PROTECT!ON ACT(CEPA)CASES617 1NVERSE CONDEMNAON618 LAW ACAINST DISCRIMINAT10N(LAD)CASES

    Track Act Case Managemem by hd 1

    'dSC"156 ENVIRONMENTAL7ENVIRONMENTAL CO303 MT LAUREL508 COMPLEX COMMERC:AL513 COMPLEX CONSTRUCT10N514 1NSuRANCE FRAUD620 FALSE CLAIMS ACT7l ACT10NS:N LIEU OF PREROGATiVE WRITS

    MulticOunty L:t:gation(Track:

    :' (THEMPY)274 R:SPERDAL/SER00UEUZYPREXA278 ZOMETA/AREDIA279 GADO INIUM281 BRISTOL MYERS SOulBB ENVIRONMENTAL282 FOSAMAX284 NUVARING285 STRYKER TRlDENT HIPIMPLAhlTS286 LEVAOUIN287 YAnASMINrOCELtA

    PRUDENTlAL TORT LIT:GAT10NRECLANPOMPTON LAKES ENVIRONMENTAL LITIGAT10NPELViC MESHGYNECAREPELVIC MESH7BARDDEPUY ASR HIP IMPLANT LITlGAT10NALLODERM RECENERATlVE TISSuE MATRIX

    l T DuttR HP ttEM COMPONENTS

    ASBESTOSPROPECIA

    1:=::F Ler han pudOd abo,p! 30 hd ate he rea80n on ttdeP:ease check ofreach app cab:e category PutaJve c:ass Action T:e59

    EfFemve 08 192013,CN 10517 English page 2 ot 2

  • Paul J.Dillon,Esq.#026521981BLOOM&DILLON,P,C.70 South Orange Avenue,Suite 240Livingston,New Jersey 07039973-758 0900

    Mary E.Fl,Esq.MORRISON COI IEN LLP909 Third AvenueNew York,New York 10o22212735-8600

    rcsrPEJy,.

    ELAUT USA,INC ,

    Plainti

    VS.

    JACK GUARNIERI,MICHAEL CARLE andJERSEY JACK PINBALLINC.,

    RECEIVED&F:LED

    SUPER10R C,OCEAN

    DEC -2 2014

    SIIPERIOR COURT OF NEW JERSEYLAW DIVISIONOCEAN COUNTY

    Qtt//7

    COMPLAINT

    Defendants.

    Plainti Elaut USA,hc (``Elaut''),byS attomeys,Bloom&Dillo ,PoC.and Moson

    Cohen LLP,for its complamt ag,lnst Defendants Jack GuamieH,Michael Carle,and Jersey Jack

    Pinball L ,alleges as follows:

    MRODUCTION

    l. h this action,Plantiff Elaut secks to recoup the inore than Sl,600,000

    Defendant Jack Guamieri stole ttonl Elaut when he was Elaut's President and Chief Executive

    Ocer,with the assistance of Defendant Michael Carle,Elaut's fo....er ChiefFinancia1 0fflcer,

    andat Guamieri then iaudulently transferred in partto Defendant Jersey Jack Pinball hc.

    2. Ahost iediately atter taking the helm of Elaut,in October 2008,

    Guarnlerl began redecting cash papents that should have gone to an Elaut subsidiary nto

    #5389316v324225k0001

  • various accounts Guamieri personally controlled. Over time, Guamieri directed hundreds of

    thousands of dollars that should have gone to Elaut to pay his personal expenses, such as his and

    his wife's credit cards, and he to6k more in cash. To avoid detection, Guamieri cleared out

    Elaut's executive finance departnent and replaced seasoned employees with his cronies and

    relatives loyal only to Guamieri. Guarnieri also replaced Elaut's long-standing accountant and

    auditor. And critically, he replaced Elaut's Chief Financial Officer with an old friend from the

    Monmouttr Park Racetrack, Michael Carle.

    3. Carle hid Guamieri's audacious scheme with several accounting tricks.First, Carle made bogus write-downs of inventory. Second, Carle wrote down hundreds of

    thousands of dollars in accounts receivable as uncollectable, even though the accounts actually

    had been collected and diverted to Guameri's personal use. Third, Carle booked hundreds of

    thousands of dollars in inter-company loans ftom Elaut to a subsidiary, but when the subsidiary

    was 'tnable" to repay the loans because money had been firnneled to Guamieri, Carle made

    "intercompany loan adjustnents. "4. Working together, Guamieri and Carle managed to defraud Elaut for years

    and cover their tracks. Because Guamieri had placed his family and friends in key positions, and

    replaced Elaut's long-standing accounting frm with a new accounting and auditing firm, Elautcould not lmcover Guarnieri's thefts util it was too late and Guamieri had decided to move onto a new venture, taking most of his team from Elaut with him.

    5. Now that the last of Guarnieri's key employees have been removed, andElaut has uncovered his wholesale theft of over $1,600,000, Elaut seeks to hold Guamieri and

    Carle responsible for Guamieri's theft from Elaut, and Guarnieri's and Carle's carefulcollaboration to cover up Guanrieri's scheme. Further, as it appears that Guamieri has funneled

    5389316v31024225 VXX11 2

  • )Elaut assets and money to his new venture, Defendant Jersey Jack Pinball, Elaut seeks to recoup

    its fraudulently transferred assets from Jersey Jack Pinball.

    PARTIES. JT]RISDICTION ATID YEIITIE

    6. PlaintiffEtaut USA, Inc. is a corporation organized and existing under thelaws of the State of New Jersey wittr its principal place of business at 1000 Towbin Avenue,

    Lakewood, New Jersey. Elaut is a wholly-owned subsidiary of Elaut N.V.

    7. On infonnation and belief, Defendant Jack Guamieri resides at 3lDanielle Court, Lakewood, New Jersey. Guarnieri began working as the Chief Executive Officer

    of Elaut on or about October 8, 2008, and was named the President of Elaut in or about July,

    2009.

    8. On information and belief, Defendant Michael Carle resides at 642Oakwood Avenue, Jackson, New Jersey. Carle was the Chief Financial OfFrcer of Elaut from

    July 1 6, 2009 through Septemb er 28, 2012.

    9. On information and belief, Defendant Jersey Jack Pinball Inc. ("JerseyJack Pinball") is a corporation organized and existing under the laws of the State of New Jersey,

    with its principal place of business at 1645 Oak Street, Lakewood, New Jersey.

    10. At all times referenced herein, Elaut had its principal place of business inOcean County, New Jersey. At all relevant times, Defendants Guamieri and Carle both worked

    at Elaut's headquarters in Ocean County, New Jersey, and conducted their tortious acts there.

    11. On information and belief, Guarnieri resides in Ocean County, Carleresides in Ocean County, and Jersey Jack Pinball's principal place of business is in Ocean

    County.

    #5389316v3k024225 0001

  • 12. Venue is properly placed in Ocean County, New Jersey, and this Court hasjurisdiction over the subject matter ofthis dispute.

    FACTS COMMON TOALI. COUNTS

    A. Elaut Purchases Jack Guarnieri Service Co., AndGuarnieri Is Named President and Chief ExecutiveOflicer of Elaut

    13. Etaut is one of the largest operators of amusement games and relatedequipment in the theme park industry. These concessions include traditional amusement garne

    stands and arcades located in large amusement and theme parks throughout the United States.

    Elaut both sells and leases arcade equipment, and provides servicing and pa