#7 Individual Responds
AUTHOR: Investigative Reporter - Palm Harbor (USA)
SUBMITTED: Sunday, October 09, 2011
POSTED: Monday, October 10, 2011
Folks, just read what was filed in the United States Bankruptcy Court in Tampa. If the tarpon Springs Police and the FBI would have listen to Joseph Rainier instead of Tarpon Springs Police arresting Rainier with false accusations from Sandikci against Rainier many Americans would not have been scammed by Sandikci as the attached below reflects. Amazing a foreinger lies to haev an american arrested nothing happens then he scams more americans nothing happens. Who does our government work for ??? We do pay them don't we.
Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
In re: AHMET SANDIKCI, ) Case No.: 8:11-bk-07915-MGW
)
Debtor. ) Chapter 7
)
)
DEJAMES BUILDERS OF FLORIDA, INC., )
a Florida Corporation; )
DETRIE BUILDERS, INC., )
a Wisconsin Corporation; )
DETRIE CONSTRUCTION INC., )
a Wisconsin Corporation; )
MONTANA, INC., )
a Wisconsin Corporation; ) Adv. Pro. No.
ROBERT DETRIE, SR., d/b/a MARKUM, INC.; )
DENNIS DETRIE, individually; and )
DANIEL SCHMIDT, individually, )
)
Plaintiffs, )
)
v. )
)
AHMET SANDIKCI, )
)
Defendant. )
/ )
COMPLAINT
Plaintiffs, DEJAMES BUILDERS OF FLORIDA, INC., a Florida Corporation; DETRIE BUILDERS, INC., a Wisconsin Corporation; DETRIE CONSTRUCTION, INC., a Wisconsin Corporation; MONTANA, INC. a Wisconsin Corporation; ROBERT DETRIE, SR., d/b/a MARKUM, INC.; DENNIS DETRIE, Individually; and DANIEL SCHMIDT, individually, complaining of the Defendant, AHMET SANDIKCI, allege:
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
1. This is an adversary proceeding to determine the dischargeability of a debt pursuant to Bankruptcy Rules 4007 and 7001(6).
2. On April 27, 2011, the above named Debtor, Defendant herein, filed a Voluntary Petition for relief under Chapter 11 of Title 11, United States Code; however, on September 14, 2011, this Court, pursuant to the Motion of the United States Trustee, Ordered this matter converted to one under Chapter 7 of Title 11, United States Code.
3. The question of the Debtor's discharge has not as of this date been determined.
4. Debtor/Defendant is indebted to Plaintiffs in the sums of:
a. $728,000.00 as to Plaintiff, DEJAMES BUILDERS, INC.;
b. $400,000.00 as to Plaintiff, DETRIE BUILDERS, INC.;
c. $100,000.00 as to Plaintiff, DETRIE CONSTRUCTION, INC.;
d. $100,000.00 as to Plaintiff, MONTANA, INC.;
e. $100,000.00 as to Plaintiff, ROBERT DETRIE, SR., d/b/a MARKUM, INC.;
f. $728,000.00 as to Plaintiff, DENNIS DETRIE; and,
g. $1,535,000.00 as to Plaintiff, DANIEL SCHMIDT; moreover, said debts are founded upon claims which are excepted from a discharge in bankruptcy, as described herein. Parties
5. Plaintiff, DEJAMES BUILDERS, INC. (“DeJames”), is an entity organized pursuant to the laws of Florida, conducting business in Palm Beach County, Florida, with its principal place of business located at 323 Eagle Drive, Jupiter, Florida.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
6. Plaintiff, DETRIE BUILDERS, INC. (“Detrie Builders”), is a Wisconsin Corporation headquartered at 701 Pine Street, Green Bay, Wisconsin.
7. Plaintiff, DETRIE CONSTRUCTION, INC. (“Detrie Construction”), is a Wisconsin Corporation headquartered at 701 Pine Street, Green Bay, Wisconsin.
8. Plaintiff, MONTANA, INC. (“Montana”), is a Wisconsin Corporation headquartered at 701 Pine Street, Green Bay, Wisconsin.
9. Plaintiff, ROBERT DETRIE, SR., d/b/a MARKUM, INC. (“MarKum”) is a Wisconsin Corporation headquartered at 701 Pine Street, Green Bay, Wisconsin.
10. Plaintiff, DENNIS DETRIE, is an individual over the age of 18 and otherwise sui juris. At all times relevant hereto, Mr. Detrie was a resident of Palm Beach County, Florida.
11. Plaintiff, DANIEL SCHMIDT, is an individual over the age of 18 and otherwise sui juris.
12. Plaintiffs, DeJames and Dennis Detrie, and Defendant engaged in a joint venture that operated a retail rare currency business and exchange located at 410 S. County Road, Palm Beach, Florida.
Mr. Sandikci and Arcade’s Ponzi Scheme
13. Defendant operated a car repair garage called German Auto Repair Center, Inc. (“German Auto”), in Palm Harbor, Florida.
14. Plaintiff, Dennis Detrie, was a customer at German Auto and became friendly with Defendant.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
15. Through their friendship, Defendant became aware that Dennis Detrie owned Plaintiff, DeJames. Further, Mr. Sandikci became aware that DeJames had recently closed out a development in Southwest Florida and paid profits to Dennis Detrie.
16. In 2007, Defendant, Mr. Sandikci, strapped for cash, approached Dennis Detrie at German Auto for “loans” or agreement to jointly venture Defendant’s purchase and hopeful sale of rare United States currency.
17. On or about November 2, 2007, at Mr. Sandikci’s request made in Tarpon Springs, Florida, Dennis Detrie provided Mr. Sandikci with $100,000.00 to fund a joint venture
for the purchase and hopeful sale of rare United States currency.
18. On or about January 10, 2008, at Mr. Sandikci’s request made in Tarpon Springs, Florida, Dennis Detrie “loaned” or jointly ventured with Mr. Sandikci $100,000.00 to fund Mr. Sandikci’s purchase and hopeful sale of rare United States currency. A copy of the Promissory Note evidencing the same is attached hereto as Plaintiffs’ Exhibit “A.”
19. On or about February 26, 2008, at Mr. Sandikci’s request made in Tarpon Springs, Florida, Dennis Detrie “loaned” or jointly ventured with Mr. Sandikci $100,000.00, to fund Mr. Sandikci’s purchase and hopeful sale of rare United States currency. A copy of the Promissory Note evidencing the same is attached hereto as Plaintiffs’ Exhibit “B.”
20. Defendant, Mr. Sandikci, paid Dennis Detrie his investment and profit for the November 2, 2007 joint venture from the alleged proceeds from selling alleged rare United States currency. In addition, Mr. Sandikci repaid Dennis Detrie the January 10, 2008 and February 26, 2008 “loans,” on information and belief, as the start of Mr. Sandikci’s scheme to get far more funds from Dennis Detrie and Dennis Detrie’s family. In addition, Mr. Sandikci
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
paid Dennis Detrie alleged “profits” from the alleged sale of rare United States currency over and above the “principal” of the “loans.”
21. On or about January 10, 2008, Mr. Sandikci persuaded Dennis Detrie to introduce him to his father, Robert Detrie, Sr. Mr. Detrie, Sr., at all relevant times hereto, was the president of Montana, Inc.
22. On or about January 10, 2008, at Mr. Sandikci’s request, Mr. Detrie, Sr. “loaned” or jointly ventured with Mr. Sandikci $100,000.00 to fund Mr. Sandikci’s purchase and hopeful sale of rare United States currency.
23. On or about March 1, 2008, at Mr. Sandikci’s request, Mr. Detrie, Sr., “loaned” or jointly ventured with Mr. Sandikci $100,000.00 to fund Mr. Sandikci’s purchase and hopeful sale of rare United States currency.
24. On information and belief, Mr. Sandikci repaid these “loans” as a part of Mr. Sandikci’s scheme to get far more funds from Mr. Detrie, Sr., and his family. In addition, Mr. Sandikci paid Mr. Detrie, Sr., alleged “profits” from the alleged sale of rare United States currency over and above the “principal” of the “loans” as a further enticement for future “loans.”
25. On or about March 26, 2008, at Mr. Sandikci’s request, Dennis Detrie “loaned” or jointly ventured with Mr. Sandikci $200,000.00 to fund Mr. Sandikci’s purchase and hopeful sale of rare United States currency. A copy of the alleged Promissory Note evidencing the same is attached hereto as Plaintiffs’ Exhibit “C.” To date, neither Mr. Sandikci nor Mr. Sandikci’s alter ego business, Arcade Currency Palace (“Arcade”), has repaid this “loan.”
26. On or about April 6, 2008, Mr. Sandikci requested Mr. Detrie, Sr. “loan” or jointly venture with Mr. Sandikci and Arcade $200,000.00 to fund Mr. Sandikci’s and Arcade’s DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
purchase and hopeful sale of rare United States currency. Mr. Detrie, Sr. explained that as the President of Montana, Inc., he could arrange for a $100,000.00 transfer to be made by Montana,Inc. to Mr. Sandikci and Arcade; and a further $100,000.00 transfer to be made by Mr. Detrie,Sr. to Mr. Sandicki and Arcade. On that same date, Montana, Inc. wired Mr. Sandikci $100,000.00. In addition, on that same date Mr. Detrie, Sr. wired Mr. Sandikci another
$100,000.00. A copy of the alleged Promissory Note evidencing the same is attached hereto as Plaintiffs’ Exhibit “D.” To date, neither Mr. Sandikci nor Arcade has repaid this “loan.” 27. On or about April 6, 2008, Mr. Sandikci requested Mr. Robert Detrie, Jr. “loan” or jointly venture with Mr. Sandikci and Arcade $100,000.00 to fund Mr. Sandikci’s and
Arcade’s purchase and hopeful sale of rare United States currency. Mr. Sandikci did not distinguish between himself and Arcade. Mr. Detrie, Jr. explained that he would not personally fund the loan, but that as President of Detrie Construction, he could arrange for the transfer by Detrie Construction. On that same date, Detrie Construction wired Mr. Sandikci and Arcade $100,000.00. A copy of the alleged Promissory Note evidencing the same is attached hereto as Plaintiffs’ Exhibit “E.” To date, neither Mr. Sandikci nor Arcade has repaid this “loan.”
28. On or about April 21, 2008, Mr. Sandikci requested Dennis Detrie “loan” or jointly venture with Mr. Sandikci and Arcade another $60,000.00 to fund Mr. Sandikci’s and Arcade’s purchase and hopeful sale of rare United States currency. To date, neither Mr. Sandikci nor Arcade has repaid this “loan.”
29. On or about April 24, 2008, Mr. Sandikci requested Mr. Detrie, Jr. “loan” or
jointly venture with Mr. Sandikci and Arcade $150,000.00 to fund Mr. Sandikci’s and Arcade’s
purchase and hopeful sale of rare United States currency. Mr. Detrie, Jr. explained that he would
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
not personally fund the loan but that as President of Detrie Builders he could arrange for Detrie Builders to fund the transfer. On that same date, Detrie Builders wired $10,000.00 to Mr. Sandikci and Arcade. A copy of the alleged Promissory Note evidencing the same is attached hereto as Plaintiffs’ Exhibit “F.” To date, neither Mr. Sandikci nor Arcade has repaid this “loan.”
30. On or about April 29, 2008, Mr. Sandikci requested Dennis Detrie “loan” or jointly venture with Mr. Sandikci and Arcade $67,000.00 to fund Mr. Sandikci’s and Arcade’s purchase and hopeful sale of rare United States currency. To date, neither Mr. Sandikci nor Arcade has repaid this “loan.”
31. On or about May 12, 2008, at Mr. Sandikci’s request, Detrie Builders “loaned” or jointly ventured with Mr. Sandikci and Arcade another $250,000.00 to fund Mr. Sandikci’s and Arcade’s purchase and hopeful sale of rare United States currency. To date, neither Mr. Sandikci nor Arcade has repaid this “loan.”
32. On or about July 20, 2008, at Mr. Sandikci’s request, Dennis Detrie “loaned” or jointly ventured with Mr. Sandikci $75,000.00 to fund Mr. Sandikci’s purchase and hopeful sale of rare United States currency. To date, neither Mr. Sandikci nor Arcade has repaid this “loan.”
33. On or about October 26, 2008, at Mr. Sandikci’s request, Dennis Detrie “loaned” or jointly ventured with Mr. Sandikci another $25,000.00 to fund Mr. Sandikci’s purchase and hopeful sale of rare United States currency. To date, neither Mr. Sandikci nor Arcade has repaid this “loan.”
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
No Distinction Between Mr. Sandikci and Arcade
34. Defendant and Arcade were allegedly in the business of buying and selling rare currency in a retail store located in Tarpon Springs, Florida, at the retail location in Palm Beach, Florida, and through the website “eBay.”
35. Defendant, Mr. Ahmet Sandikci, is the sole shareholder and officer of Arcade. Further, Arcade, has no board of directors.
36. In 2003, Defendant established a personal eBay account under the name “PORSCHEAHMET.”
37. Defendant sells personally-owned rare currency through his PORSCHEAHMET account, and Arcade’s corporate-owned rare currency through Mr. Sandikci’s PORCHEAHMET account.
38. Defendant wrongfully sold inventory from the joint venture store, described below, which had been purchased with funds provided by Dennis Detrie, through Mr. Sandikci’s PORCHEAHMET account.
39. Defendant has a personally-owned “PayPal” account through which payments are made for the PORCHEAHMET eBay account.
40. Defendant’s personally-owned PayPal account is the sole means through which payment for items sold through the PORCHEAHMET eBay account are funded, regardless of who owns the items sold.
41. All funds received into the Mr. Sandikci’s personal PayPal account for sales of items through the PORCHEAHMET eBay account, regardless of whether the item was owned by DeJames Builders of Florida, Inc. v. Ahmet Sandikci
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
Defendant or joint venture, were deposited into Defendant’s personal bank account at Bank of America in Tarpon Springs, Florida.
42. Defendant does not distinguish between himself and Arcade.
43. Defendant used the corporate form of Arcade to defraud customers and investors for an improper purpose, to wit: to give the appearance that customers and investors are dealing with a well-heeled entity rather than with Mr. Sandikci himself.
44. Moreover, Defendant used the corporate form of Arcade to further his aforementioned scheme of acquiring funds.
45. Defendant’s use of the corporate form of Arcade caused injury to the Plaintiffs in that Plaintiffs were lured into believing that they were loaning money or investing in a sophisticated and well-heeled entity, wherein Plaintiffs in reality were simply funding Defendant’s fraudulent scheme. Rare Currency Fraud
46. Each piece of rare United States currency contains a unique serial number, which allows for identification.
47. In addition, persons who deal in rare currency use the Friedberg Numbering System (“Friedberg numbers”), to further identify and classify rare currency.
48. Serial numbers and Friedberg numbers are very important to identify and catalogue rare currency.
49. The value of any rare currency is dependent upon the grade, quality and rarity of the currency.
50. Defendant held himself out as expert in rare United States currency.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
51. On or before May 12, 2008, Mr. Sandikci represented to Plaintiff, Mr. Daniel Schmidt, while in Wisconsin, that he was the foremost numismatist in the United States.
52. On or before May 12, 2008, Mr. Sandikci induced and encouraged Mr. Schmidt to rely upon Mr. Sandikci’s skill, knowledge and expertise in collecting rare U.S. currency and coins to develop a collection of rare currency.
53. On or before May 12, 2008, Mr. Sandikci approached in Wisconsin. Mr. Schmidt and solicited his purchase of certain alleged rare US coin, to wit: a 2 ½ Gold Eagle coin set.
54. Mr. Sandikci represented that the retail value of the 2 ½ Gold Eagle coin set was greater than $510,000.00.
55. On or about May 10, 2008, based upon Mr. Sandikci’s representations, Mr. Schmidt gave Mr. Sandikci $200,000.00 for the purchase of collectable currency.
56. On or about July 2, 2008, based upon Mr. Sandikci’s representations Mr. Schmidt gave Mr. Sandikci an additional $510,000.00 for the 2 ½ Gold Eagle coin set.
57. Mr. Sandikci never delivered possession of the graded 2 ½ Gold Eagle coin set or the collectable currency to Mr. Schmidt.
58. Mr. Schmidt subsequently discovered that the true value of the 2 ½ Gold Eagle coin set was $2,400.00, despite Mr. Sankikci’s direct representations to the contrary. The Palm Beach Joint Venture
59. On or before March 18, 2008, Defendant approached Plaintiffs, Dennis Detrie and DeJames, at Dennis Detrie’s home in Jupiter, Florida, and solicited their involvement as a partner in a retail rare currency business in Palm Beach, Florida.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
60. Specifically, Defendant sought a business partner to open a rare U.S. currency
store in Palm Beach, Florida.
61. Based on Defendant’s solicitation, Plaintiff, DeJames, agreed to jointly venture
the business.
62. Plaintiff, DeJames agreed to: (1) supply the initial start-up capital for the joint venture; specifically including the purchase of rare currency to be used as inventory; (2) store rare currency inventory purchased in the safety deposit box of Mr. Dennis Detrie; (3) locate a suitable retail location for the joint venture: (4) co-sign the lease for the retail location of the joint venture; (5) perform any needed build out of the retail location of the joint venture; and, (6) physically work in the joint venture location.
63. Moreover, Plaintiff, DeJames, and Defendant, agreed that Defendant wouldprovide: (1) certain inventory of rare currency for the business; and, (2) the skill, knowledge and experience required to operate the business by physically working in the store.
64. On or before March 8, 2008, DeJames, through its President, Mr. Dennis Detrie, searched for a suitable retail location for the joint venture and located 410 S. County Road, Palm Beach, Florida.
65. On or before April 1, 2008, Plaintiff DeJames, through its President, Mr. Detrie,
negotiated the terms of a lease for the retail rental property located at 410 S. County Road, Palm Beach, Florida, for the joint venture.
66. On or before April 1, 2008, the lease was reduced to writing by the landlord,LenDan, Inc., at Plaintiff DeJames’ request.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
67. On or before April 1, 2008, Plaintiff DeJames paid the initial monies required by the Retail Lease, to wit: $96,000.00.
68. The joint venture agreement between Plaintiff DeJames and Defendant is evidenced, inter alia, by that certain Retail Lease that was the product of Plaintiff’s efforts to locate a suitable location for the joint venture and secure a lease for the same, a copy of which is attached hereto as Plaintiff’s Exhibit “G.” The Retail Lease is between LenDan, Inc. as “Landlord” and Arcade and DeJames as “Tenant.” Further, both Plaintiff and Defendant executed the Retail Lease as “Tenant.”
69. On or after April 1, 2008, Plaintiff and Defendant, as a joint venture, took possession of the retail premises located at 410 S. County Road, Palm Beach, Florida.
70. The joint venture agreement of the parties is further evidenced by that certain First Addendum to Lease, a copy of which is attached hereto as Plaintiffs’ Exhibit “H” and that certain Second Addendum to Lease, a copy of which is attached hereto as Plaintiffs’ Exhibit “I.”
71. As signors to the Retail Lease, First Addendum to Lease and Second Addendum to Lease, both Plaintiff DeJames and Defendant maintained the joint right to access and control the premises where the joint venture was located.
72. Plaintiff DeJames, through its President, Mr. Dennis Detrie, purchased materials to build out the joint venture etail premises. Further, Plaintiff staffed, supervised and managed the build out of the joint venture retail premises, and paid for the same.
73. Between on or around March 18, 2008 through on or about June 12, 2008, almost weekly, Mr. Sandikci held meetings with Dennis Detrie whereupon Mr. Sandikci provided alleged rare U.S. currency that was to become the initial inventory of the joint venture retail
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
premises, and Dennis Detrie provided Mr. Sandikci cash to purchase the same. Dennis Detrie stored the alleged rare U.S. currency in his personal safety deposit box in Palm Beach County at the request of Mr. Sandikci until the opening of the joint venture retail premises.
74. On or about June 12, 2008, upon completion of the build out of the joint venture retail premises, Plaintiff DeJames, though its President, Mr. Dennis Detrie, began to work in the retail store full time.
75. Further, upon completion of the joint venture retail premises and the provisioning of an adequate safe in which to store alleged rare U.S. currency, Mr. Dennis Detrie moved the alleged rare U.S. currency from his personal safety deposit box into the safe in the joint venture retail premises.
76. Subsequent to the opening of the joint venture retail premises Mr. Sandikci and Arcade represented to the public that DeJames and Dennis Detrie were partners in the joint venture retail premises.
77. Mr. Dennis Detrie, as a joint venture partner in the Palm Beach store created an
index of the serial numbers and Friedberg numbers for each piece of currency that became a part of the inventory of the joint venture retail premises. A copy of the inventory is attached hereto as Plaintiffs’ Exhibit “J.”
78. Plaintiff DeJames and Defendant shared a community of interest in the performance of the common purpose of operating the retail rare currency business.
79. Plaintiff DeJames and Defendant maintained joint control or right of control of the retail rare currency business, including physical possession of keys for all exterior locks and knowledge of the operation of the security systems therein, until Defendant excluded DeJames.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
80. Plaintiff DeJames and Defendant maintained a joint proprietary interest in the subject matter of the business, to wit: retail sales of rare U.S. currency.
81. Plaintiff DeJames and Defendant both had equal right to share in the profits of the joint venture from the sales of rare U.S. currency.
82. Plaintiff DeJames and Defendant both had equal duty to share in any losses which may be sustained by the joint venture.
83. On or about December 14, 2008, Defendant, without explanation, reason or basis, wrongfully excluded Plaintiff DeJames from the joint venture retail business location by changing the locks and physically excluding Plaintiff from the retail joint venture location.
84. Defendant wrongfully converted and sold the joint venture inventory, keeping the proceeds from the same as personal assets, using Mr. Sandikci’s PORCHEAHMET’s eBay account.
Mr. Sandikci’s Embezzlement from DeJames and Dennis Detrie
85. As described herein, the inventory of the joint venture, consisting of greater than 900 pieces of rare currency and coins, was in Mr. Sandikci’s possession and control as a joint venture partner in the Palm Beach store.
86. In addition, the proceeds from the sales of the inventory of the joint venture were in Mr. Sandkci’s possession and control as a joint venture partner in the Palm Beach store.
87. Defendant, Mr. Sandikci, intentionally appropriated the joint venture’s inventory and assets for a use other than that for which it was entrusted, to wit: personal use.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
88. Defendant refused to account for the joint venture’s inventory/assets, cannot account for the joint venture’s inventory/assets, and now claims that the joint venture inventory has been sold through eBay; however, Defendant cannot account for the proceeds of such sales.
89. Pursuant to Section 523(a)(4) of said Title 11, the discharge of the Debtor would not release the Debtor from the aforesaid debt.
Mr. Sandikci’s Embezzlement from Detrie Builders, Inc.
90. As described herein, Detrie Builders entrusted Defendant with $400,000.00, at Defendant’s request, for the purpose of purchasing rare U.S. currency for resale.
91. Defendant intentionally appropriated Detrie Builder’s property for use other than debt for which it was entrusted, to wit: Defendant’s personal use.
92. Defendant’s conduct in taking the property under the pretense of purchasing rare U.S. currency and absconding with the same, in the midst of a Ponzi-type scheme, smacks of fraud.
93. Pursuant to Section 523(a)(4) of said Title 11, the discharge of the Debtor would not release the Debtor from the aforesaid debt. Mr. Sandikci’s Embezzlement from Detrie Construction, Inc.
94. As described herein, Detrie Construction entrusted Defendant with $100,000.00, at Defendant’s request, for the purpose of purchasing rare U.S. currency for resale.
95. Defendant intentionally appropriated Detrie Construction’s property for use other than debt for which it was entrusted, to wit: Defendant’s personal use.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
96. Defendant’s conduct in taking the property under the pretense of purchasing rare U.S. currency and absconding with the same, in the midst of a Ponzi-type scheme, smacks of fraud.
97. Pursuant to Section 523(a)(4) of said Title 11, the discharge of the Debtor would not release the Debtor from the aforesaid debt.
Mr. Sandikci’s Embezzlement from Montana, Inc.
98. As described herein, Montana entrusted Defendant with $100,000.00, at Defendant’s request, for the purpose of purchasing rare U.S. currency for resale.
99. Defendant intentionally appropriated Montana’s property for use other than debt for which it was entrusted, to wit: Defendant’s personal use.
100. Defendant’s conduct in taking the property under the pretense of purchasing rare U.S. currency and absconding with the same, in the midst of a Ponzi-type scheme, smacks of fraud.
101. Pursuant to Section 523(a)(4) of said Title 11, the discharge of the Debtor would not release the Debtor from the aforesaid debt.
Mr. Sandikci’s Embezzlement from Robert Detrie, Sr., d/b/a MarKum, Inc.
102. As described herein, MarKum entrusted Defendant with $100,000.00, at Defendant’s request, for the purpose of purchasing rare U.S. currency for resale.
103. Defendant intentionally appropriated MarKum’s property for use other than debt for which it was entrusted, to wit: Defendant’s personal use.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
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Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
104. Defendant’s conduct in taking the property under the pretense of purchasing rare U.S. currency and absconding with the same, in the midst of a Ponzi-type scheme, smacks of fraud.
105. Pursuant to Section 523(a)(4) of said Title 11, the discharge of the Debtor would not release the Debtor from the aforesaid debt. Mr. Sandikci’s Embezzlement from Daniel Schmidt
106. As described herein, Daniel Schmidt entrusted Defendant with $1,535,000.00, at Defendant’s request, for the purpose of purchasing rare U.S. currency for resale.
107. Defendant intentionally appropriated Daniel Schmidt’s property for use other than debt for which it was entrusted, to wit: Defendant’s personal use.
108. Defendant’s conduct in taking the property under the pretense of purchasing rare U.S. currency and absconding with the same, in the midst of a Ponzi-type scheme, smacks of fraud.
109. Pursuant to Section 523(a)(4) of said Title 11, the discharge of the Debtor would not release the Debtor from the aforesaid debt.
Mr. Sandikci’s Larceny from DeJames and Dennis Detrie
110. As described herein, DeJames and Dennis Detrie owned or had a legal interest in the inventory, and proceeds from the sale of the inventory, of the joint venture.
111. Defendant carried away the property of DeJames and Dennis Detrie with felonious intent, to wit: to sell or secret such property for personal use.
112. Pursuant to section 523(a)(4) of said Title 11, the discharge of the debtor would not release the debtor from the aforesaid debt.
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
Page 18
Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
Mr. Sandikci’s Larceny/Civil Theft from Daniel Schmidt
113. As described herein, Daniel Schmidt provided Defendant with greater than $510,000.00 for a 2 ½ Gold Eagle coin set.
114. Defendant carried away Daniel Schmidt’s 2 ½ Gold Eagle coin set with felonious intent, to wit: to sell or secret such property for personal use.
115. Pursuant to section 523(a)(4) of said Title 11, the discharge of the debtor would not release the debtor from the aforesaid debt.
Mr. Sandikci’s Frauds Committed While In a Fiduciary Capacity Against DeJames and Dennis Detrie
116. As described herein, Defendant owed fiduciary duties of care and loyalty to DeJames and Dennis Detrie as a joint venture partner.
117. Defendant breached those fiduciary duties by defrauding DeJames and Dennis Detrie of property and funds as described herein.
118. Pursuant to section 523(a)(4) of said Title 11, the discharge of the debtor would not release the debtor from the aforesaid debt.
119. Pursuant to Bankruptcy Rule 7008 plaintiff states that this proceeding is core.[10] WHEREFORE, Plaintiffs pray for an order determining said debts to be nondischargeable and for judgment against the Debtor in the sums of:
a. $728,000.00 as to Plaintiff, DEJAMES BUILDERS, INC.;
b. $400,000.00 as to Plaintiff, DETRIE BUILDERS, INC.;
c. $100,000.00 as to Plaintiff, DETRIE CONSTRUCTION, INC.;
d. $100,000.00 as to Plaintiff, MONTANA, INC.;
DeJames Builders of Florida, Inc. v. Ahmet Sandikci
Case No.: 8:11-bk-07915-MGW
Adv. Pro No.: _______________
Page 19
Leopold~Kuvin, P.A.
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
e. $100,000.00 as to Plaintiff, ROBERT DETRIE, SR., d/b/a MARKUM, INC.;
f. $728,000.00 as to Plaintiff, DENNIS DETRIE; and,
g. $1,535,000.00 as to Plaintiff, DANIEL SCHMIDT;
together with interest, and for such other and such further relief as this Court deems just.
DEMAND FOR JURY TRIAL
Plaintiffs demand a jury trial on all issues so triable as a matter of right.
Dated: October 6, 2011. s/ GREGORY S. WEISS
GREGORY S. WEISS
Florida Bar No.: 163430
DANIEL A. THOMAS
Florida Bar No.: 168262
Email: gweiss@leopoldkuvin.com
Email: dthomas@leopoldkuvin.com
LEOPOLD~KUVIN, P.A.
2925 PGA Boulevard, Suite 200
Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400
Facsimile: (561) 515-1401
Attorneys for Plaintiffs
