P.S.I. CAPITAL, INC.
- P.S.l. Capital, Inc. (hereinafter P.S.l.) acquired thirty-three Bella Collina lots from a foreclosing bank.
- The Conspirator controlled POA immediately served false bills for approximately $3,600,000 in unpaid assessments, including for delinquent club dues, followed by suit in the Lake County, Florida Circuit Court.
- The Conspirators offered to end the harassment represented by the lawsuit ifCSBS would surrender its choice lots to DCS.
- The conspirators dismissed the suit in consideration for the transfer of thirty lots to DCS, the payment of $125,000 to Ryan’s Trust Account, and the execution of an agreement with a strict confidentiality clause.
- The settlement deprived the POA of any benefit from the lawsuit and permitted the conspirators to embezzle funds owed to the POA.
- On information and belief, the POA suffered damages of at least $500,000 in annual assessments, interest, late fees and costs from the Conspirators’ use of the POA to ••write-off’ these assessments, and the Conspirators were enriched by the receipt of unencumbered lots.
- On December 20, 2013, Ryan filed suit against the owner of P.S.I., Paul R. Ashe (hereinafter Ashe) for use of an irrigation well, which was permitted by the Governing documents but prohibited by the illegal amendments filed by the Conspirators acting in the guise of the POA.
- The Conspirators instructed the guard gate to deny the Ashe access to the community to which lot owners were entitled in violation of Florida Homeowners Association Act and deprived him of access to the Golf Club even though he was a fully paid member.
- Ryan, as agent for the Conspirators, directly threatened Ashe with financial ruin from continued litigation and judgments related to the special assessment for dues related to the club mandate. 312. Greene, as agent for the Conspirators, by notice to all lot owners in his status as President of the POA, threatened the Ashe with the expired build compulsion.
- The Conspirators maliciously deprived Ashe of the right to vote for POA board members or to become a candidate for the POA board, depriving Ashe of his lawful participation in the governance of their community.
- The previously quoted letter of Michael J. Ryan dated August 25, 2014 instructed the Aegis and Golf Club book keepers as follows:”IMPORTANT-RE P.S.I
After reviewing the ledger of P.S.I., I realize that when DCS funded the purchase of the Lots, I disbursed the full amount due the POA ($75,527.23) and only $46,611.64 which was only part of the $146,611.64 due the Club. When we receive the last $100,000 from P.S.I., it should have all gone to the Club-but, I split it between the Club (66%) and the POA (34%)-MY BAD. I can void the Check #1584 and reissue to The Club (See Ledger).” - Thus, the POA sued for about $3,000,000 in delinquent assessments and received about $40,000 and the Conspirators received 30 lots originally worth about $18,000, cleared of all encumbrances, for nothing.
THE SUN TRUST LOTS
- Prior to 2012, Sun Trust Bank, N.A. (“Sun Trust”) obtained title, primarily through foreclosure, to seventy-eight lots from lot owners to whom it lent tens of millions of dollars for the purchase o f Bella Collina lots.
- Sun Trust entered into an agreement dated April 18, 2012 for the sale of these lots (including lot 21 formerly owned by the Sutherins) to Franchas Holdings, LLC (hereinafter “Franchas”).
- Immediately on receiving the assignment of developer from Ginn in June of 2012, DCS assumed control of the POA by having Burman file false corporate records.
- The conspirator controlled POA filed false claims for assessments against the Sun Trust properties, and interfered with the Franchas agreement with the malicious intent to preclude its fulfillment and force a sale of the Sun Trust properties to DCS in fulfillment of the Conspiracy.
- The Conspirator controlled POA filed seventy-eight (78) separate lawsuits for the collection of the illegal special assessments and regular annual assessments against Sun Trust.
- The Conspirator controlled POA coerced Sun Trust to sell the seventy-eight (78) properties to DCS for a bulk price of$1,064,500 (61 were transferred by deed to DCS on December 18, 2012), the payment for which was decreased by the false claim for assessments, interest and attorney fees as set forth in the lawsuits.
- In December of2012, the Conspirator controlled POA dismissed all lawsuits against Sun Trust with prejudice.
- On information and belief: the POA did not receive benefit for the alleged assessments, the false charge for which permitted DCS to obtain a dramatically discounted price.
- On information and belief: the POA suffered damages of at least $1,000,000 in annual assessments, interest, late fees and costs from the Conspirators’ use of the POA to “write-off’ of assessments on these lots, and the Conspirators were enriched by the receipt of unencumbered lots.
- In 2015, DCS coerced Sun Trust to convey another 7 lots, depriving the POA of assessments encumbering those lots.
KENNETH OWEN LAM AND LUEN C. CHAN
- Kenneth Owen Lam and Luen Chan worked together to review in detail the financial records of the Bella Collina POA books.
- Both men lived in beautiful large homes in Bella Collina, whose values were dramatically decreased by the Conspirators as described in Exhibit B.
- They obtained finanacial information from POA Board Member, Burman who, as previously described, was also the owner of Aegis Community Management.
- Aegis maintained all files for the POA Board including the financials.
- Lam and Chan studied year-end audits and monthly statements o f the POA, and developed serious with highly irregular bookkeeping methods.
- They met with the bookkeeper and auditor along with Burman.
- The Conspirators especially Simonson, acting for and on behalf of the conspirators, sued Lam, for using a legal irrigation water well on the property.
- The water well was legally installed on Lam’s property prior to his ownership.
- Mr. Lam spent $20,000 defending himself from the allegation even though Lam voluntarily discontinued use of the well.
- The meritless lawsuit was dismissed after many months of legal proceedings.
- On November 10, 2015, in the Aegis offices located in Champions Gate, FL, Mr. Lam and Mr. Chan were having a routine meeting with Mr. Burman, the POA auditor, Kurt Showalter, and the bookkeeper who was on conference call to discuss errors and irregularities related to the POA financial statement.
- Without warning or invitation, Simonson and Arrighi, acting on behalf of the Conspirators aggressively and with the intent to intimidate Lam and Chan and coerce them into abandoning their investigation and to surrender their properties, ambushed Lam and Chan.
- Simonson knew that Lam was elderly, frail, and sensitive in nature.
- Simonson loudly and aggressively shouted “”I smell another lawsuit coming” and issued numerous insults and threats for an extended period of time.
- The ambush surprised and frightened Chan and Lam.
- Mr. Lam stood in a vain attempt to defend himself and the purpose o f his actions.
- Simonson achieved his intended objective by causing Lam great discomfort, stress and embarrassment.
- Lam, shaken and traumatized, politely and timidly, as was his nature, excused himself to get a drink of water.
- At the water fountain, he collapsed on the floor, and died in the ambulance on the way to the hospital.
- Chan, characterizes the incident as an ··ambush,” since neither Mr. Simonson nor Mr. Arrighi had been involved in any of the previous meetings, and no concerns were ever expressed to Mr. Chan or Mr. Lam regarding their involvement with their review of the books of accounting.
- Chan believes the aggressive intimidation by both Simonson Mr. Arrighi caused Lam’s death.
- On information and beliet: Simonson’s and Arrighi’s attack on Lam and Chan was for the purpose o f covering up the Conspirators’ fraudulent use o f the POA to embezzle funds and to use the POA to extort lots and money from lot owners.
- The Conspirators sued Chan, forcing him to sign an agreement containing a severe penalty for breach of confidentiality, and threatened him with further suit if the report detailing the financial misconduct was released.