Opinion
CIVIL ACTION H-14-2096
08-17-2017
B CHOICE LIMITED, Plaintiff, v. EPICENTRE DEVELOPMENT ASSOCIATES, LLC, et al., Defendants.
Francis I. Spagnoletti Counsel for B Choice Limited Erik A. Knockaert Counsel for EpiCentre Development Associates, LLC; EpiCentre Development Associates II, LLC; Alianza Financial Services, LLC; Alianza Holdings, LLC; Vanguard Equity Holdings, LLC; Vantage Equity Holdings, LLC; Vantage Financial Services, LLC; Vantage Plus Corp.; Vantage Plus Development Company, LLC; Vantage Realty Holdings VI-X, LLC; Omar Botero, Jr. a/k/a Omar Botero; and Albert F. Delaney Kenneth P. Held Counsel for Pierluigi Guiduzzi and PLG Consulting Ltd. Maria-Vittoria "Giugi" Carminati Counsel for Andrea Frattini Robert A. Wilkins Counsel for F&G Consultancy Ltd.
FINAL JUDGMENT
This case was tried to a unanimous jury verdict in favor of plaintiff B Choice Limited. Dkt. 322. The plaintiff has elected its remedies as required (Dkt. 344), and filed an unopposed motion for entry of judgment (Dkt. 345).
Therefore, the Court ORDERS that Plaintiff B Choice Limited recover against Defendants, as follows:
On Plaintiff's claims under 18 U.S.C. §§ 1962(c) and 1962(d) of the Racketeering Influenced and Corrupt Organizations Act ("RICO"), $74,833,000 jointly and severally against
omar Botero
Albert Delaney
Alianza Financial Services, LLC
Alianza Holdings, LLC
Vanguard Equity Holdings, LLC
Vantage Equity Holdings, LLC
Vantage Financial Services, LLC
Vantage Plus Corp.
Vantage Plus Development Company, LLC, and
Vantage Realty Holdings VI-X, LLC.
On Plaintiff's claims for common law fraud, against
Epicentre Development Associates II, LLC, for $178,250 (proportionately 1% of $17,825,000), and jointly and severally with its common law co-conspirators against whom the common law fraud remedy was not here elected, Omar Botero, Albert Delaney, EpiCentre Development Associates, LLC, Alianza Financial Services, LLC, Alianza Holdings, LLC, Vanguard Equity Holdings, LLC, Vantage Equity Holdings, LLC, Vantage Financial Services, LLC, Vantage Plus Corp., Vantage Plus Development Company, LLC, and Vantage Realty Holdings VI-X, LLC, for $17,646,750;
and
Andrea Frattini for $1,782,500 (proportionately 10% of $17,825,000),
Pierluigi Guiduzzi for $178,250 (proportionately 1% of $17,825,000), and
F&G Consultancy, Ltd, for $178,250 (proportionately 1% of $17,825,000).
Plaintiff shall take nothing against PLG Consulting Ltd. for common law fraud.
On Plaintiff's claims for breach of fiduciary duty, $568,000 against Andrea Frattini.
On Plaintiff's claims for breach of contract, Capital Subscription Agreement, the restitution interest of $11,000,000 against EpiCentre Development Associates, LLC.
On Plaintiff's claims for breach of contract, 2011 promissory note, the restitution interest of $13,650,000 against EpiCentre Development Associates, LLC.
On Plaintiff's claims on disregarding the corporate form based on perpetrating an actual fraud, a judgment that Andrea Frattini and Pierluigi Guiduzzi are personally liable for the conduct of F&G Consultancy, Ltd.
On Plaintiff's claims of a conspiracy, a judgment that each of the following were part of a conspiracy to commit fraud that damaged Plaintiff: Omar Botero, Albert Delaney, EpiCentre Development Associates, LLC, EpiCentre Development Associates II, LLC, Alianza Financial Services, LLC, Alianza Holdings, LLC, Vanguard Equity Holdings, LLC, Vantage Equity Holdings, LLC, Vantage Financial Services, LLC, Vantage Plus Corp., Vantage Plus Development Company, LLC, and Vantage Realty Holdings VI-X, LLC.
On Plaintiff's claims for exemplary damages, against
Andrea Frattini, for $10,000
F&G Consultancy, Ltd, for $5,000, and
Pierluigi Guiduzzi, for $1.
Attorneys' fees on all claims and causes of action where a judgment entitling Plaintiff to such fees is entered, as determined by this Court on the application of Plaintiff.
Pre-judgment interest on Plaintiff's judgment for common law fraud of $17,825,000, at the rate of 5.0% per year, per Texas law, from July 22, 2014, until the day preceding entry of judgment, at the rate of $2,442 per day, recoverable from those Defendants against whom judgment on common law fraud is entered, in proportion to their liability, or jointly or severally, if applicable.
Pre-judgment interest on Plaintiff's judgment for breach of fiduciary duty of $568,000, at the rate of 5.0% per year, per Texas law, from July 22, 2014, until the day preceding entry of judgment, at the rate of $78 per day, recoverable from Andrea Frattini.
Pre-judgment interest on Plaintiff's judgment for breach of contract of $11,000,000, the restitution interest on the Capital Subscription Agreement, at the rate of 5.0% per year, Texas law, from July 22, 2014, until the day preceding entry of judgment, at the rate of $1,507 per day, recoverable from EpiCentre Development Associates, LLC.
Pre-judgment interest on Plaintiff's judgment for breach of contract of $13,650,000, the restitution interest on the 2011 promissory note, at the rate of 3.0%, per agreement, per year, from July 28, 2011, to July 28, 2012, or $409,500, and at the rate of 6.0% per agreement (the "Default Rate"), per year, from July 29, 2012, until the day preceding entry of judgment, at the rate of $2,244 per day, recoverable from EpiCentre Development Associates, LLC.
Plus, post-judgment interest at the rate 1.22% per year, per 28 U.S.C. § 1961(a).
Costs are awarded to the Plaintiff.
The Counter Plaintiff, EpiCentre Development Associates, LLC shall take nothing in its counterclaim against the Plaintiff B Choice Limited.
This is a FINAL JUDGMENT
Signed at Houston, Texas on August 17, 2017.
/s/_________
Gray H. Miller
United States District Judge
APPROVED AS TO FORM ONLY:
/s/ Francis I . Spagnoletti
Francis I. Spagnoletti
Counsel for B Choice Limited /s/ Erik A . Knockaert
Erik A. Knockaert
Counsel for
EpiCentre Development Associates, LLC;
EpiCentre Development Associates II, LLC;
Alianza Financial Services, LLC; Alianza Holdings,
LLC; Vanguard Equity Holdings, LLC; Vantage
Equity Holdings, LLC; Vantage Financial Services,
LLC; Vantage Plus Corp.; Vantage Plus
Development Company, LLC; Vantage Realty
Holdings VI-X, LLC; Omar Botero, Jr. a/k/a Omar
Botero; and Albert F. Delaney /s/ Kenneth P . Held
Kenneth P. Held
Counsel for Pierluigi Guiduzzi and
PLG Consulting Ltd. /s/ Maria-Vittoria "Giugi" Carminati
Maria-Vittoria "Giugi" Carminati
Counsel for Andrea Frattini /s/ Robert A . Wilkins
Robert A. Wilkins
Counsel for F&G Consultancy Ltd.