Construction Drilling, Inc. v. Chusid

63 F. Supp. 2d 509, 52 Fed. R. Serv. 1377, 1999 U.S. Dist. LEXIS 18597, 1999 WL 672412
CourtDistrict Court, D. New Jersey
DecidedAugust 31, 1999
DocketCIV. A. 99-3352
StatusPublished
Cited by6 cases

This text of 63 F. Supp. 2d 509 (Construction Drilling, Inc. v. Chusid) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Construction Drilling, Inc. v. Chusid, 63 F. Supp. 2d 509, 52 Fed. R. Serv. 1377, 1999 U.S. Dist. LEXIS 18597, 1999 WL 672412 (D.N.J. 1999).

Opinion

Opinion

WALLS, District Judge.

Factual Background

In August 1998, plaintiff Thomas R. Crofts, while in Venezuela on business for plaintiff Construction Drilling, Inc. (“CDI”), telephoned the “U.S. Representative Office” of Caribbean Bank of Commerce (“Caribbean Bank”) in Ridgewood, New Jersey, and spoke to defendant Eugene Chusid to request information about Caribbean Bank’s banking operations. Around August 19, 1998, Caribbean Bank, by telecopy, forwarded to Crofts a series of documents pertaining to the bank. Included among these documents was a financial report, which allegedly represented the following:

(1) that Caribbean Bank is a wholly owned subsidiary of Int’l Financial;

(2) that Caribbean Bank had some $195 million in assets in two branch offices, with some $162 million in deposits headquartered in St. Johns, Antigua at the time it was acquired by Int’l Financial on July 29, 1997;

(3) that Caribbean Bank has a “headquarters” in Antigua and is licensed in that jurisdiction; and

(4) that the total deposits in Caribbean Bank/Int’l Financial were $651.7 million by December 31,1997.

Attached to the financial statement was an auditor’s report signed by “James H. Chance” (purportedly a “licensed public accountant”) that stated that the financials presented fairly the financial conditions of the two companies. In reliance on the financial statement and auditor’s report, plaintiff CDI wired $350,000 to its account with Caribbean Bank between August and October 1998.

On October 15, 1998, in a telephone conversation between defendant Chusid in Ridgewood and Crofts in Massachusetts, Chusid advised Crofts of the availability of Caribbean Bank “investment units” being offered by Caribbean Bank of Commerce, *511 Ltd. (DOM), purportedly a subsidiary of Caribbean Bank. Chusid then telecopied to Crofts sales literature and a subscription agreement, which stated that “[rjedemption of Bond is guaranteed by Caribbean Bank of Commerce Ltd and First Nations Insurance Company of Alaska.”

On April 12, 1999, Crofts traveled to St. John’s, Antigua, and notwithstanding a diligent search, was unable to locate any presence of Caribbean Bank. CDI claims that it then demanded that Caribbean Bank close its account and wire all monies contained therein to its Citibank account in Venezuela.

On May 7, 1999, Chusid informed Crofts that he was resigning as Senior Vice President of Caribbean Bank and that he had handed CDI’s account over to Michael Swartz of Caribbean Bank. He also allegedly represented that the wire transfer for $330,000 would occur as planned on June 11, 1999. On June 10, 1999, Mr. Bender, the President of Caribbean Bank, assured CDI by telephone that the wire transfer would occur on June 11, 1999. However, by telecopy dated June 10, 1999, Swartz advised Crofts that:

(1) “[w]ith a heavy heart ... as of 12:01 am St John’s, Antigua time, the Caribbean Bank of Commerce, Ltd. shall cease to exist as an independent entity”;
(2) Caribbean Bank was on the brink of insolvency and was merging with “Digital Commerce Bank”;
(3) Caribbean Bank “elected” to no longer be licensed by Antigua and Barbuda;
(4) Eugene Bender had resigned as President and was being replaced by Alexander Ivanov; and
(5) Digital Commerce Bank would be managed out of Moscow, Russia with a satellite office in St. Vincent, WI.

In the same telecopy, CDI and Crofts were offered either stock in the new bank or a zero coupon bond with the new bank, payable in five years.

Needless to say, neither CDI nor Crofts received a wire transfer on June 11, 1999. However, on June 15, 1999, Bender sent a letter to Crofts that stated that the merger was designed in such a manner that “No Depositor Will Lose Their (sic) Deposit”. On June 24, 1999, Swartz informed the plaintiffs that if a response to the offer of stock or bonds in the new bank were not received by the close of business July 2, 1999, the bank would issue for the value of their accounts 50% in stock and 50% in bonds. On June 29, 1999, plaintiffs informed Swartz that they were not yet prepared to make an election as to which option they preferred. On July 1, 1999, Swartz informed plaintiffs that they must make a selection by the end of business July 9, 1999 and that after that date “all account holders shall be issued for value of your account 50% in form of bonds and 50% in form of stock in the name of your account.”

Later, the plaintiffs discovered that:

(1) Caribbean Bank’s International Banking License had been revoked in April, 1998, and a Special Alert had been issued by the FDIC regarding Caribbean Bank in May 1998;
(2) the bank had been struck from the Antigua and Barbuda register of international business corporations;
(3) the bank had received a license from an allegedly non-recognized sovereignty known as the “Dominion of Melchizedek”;
(4) the bank was using an address in the United States unauthorized by any state or federal banking authority; and
(5) “First Nations Insurance Company of Alaska” allegedly did not exist.

In their complaint, the plaintiffs alleged violations of Federal and state RICO statutes, theft by deception, fraud, breach of fiduciary duty, trover and conversion, unjust enrichment, conspiracy and aiding and abetting, violation of New Jersey’s Consumer Fraud Act, and breach of contract. On July 16, 1999, this Court signed an *512 order to show cause granting the plaintiffs a writ of attachment against real and personal property of the defendants and a preliminary injunction barring the defendants from transferring their interests in such property. Defendants now move to vacate this order and cross-move for summary judgment and to strike certain allegations made by the plaintiff concerning an unrelated lawsuit by Citibank against the defendants. In their reply, plaintiffs request that this court declare inadmissible certain foreign documents submitted as evidence by the defendants.

1. Relief from Order of Attachment

The Federal Rules of Civil Procedure provide that a party may obtain relief from an order in cases involving mistake, or “any other reason justifying relief from the operation of the judgment.” Fed. R.Civ.P. 60(b)(1) and (6). The defendants contend that the Court erred in issuing the writ of attachment because there are no statutory grounds for the issuance of the writ, and because there is no probability that final judgment will be rendered in favor of the plaintiffs, as required by Rule 4:60-5(a) of the New Jersey Civil Practice Rules.

Under Fed.R.Civ.P. 64

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Cite This Page — Counsel Stack

Bluebook (online)
63 F. Supp. 2d 509, 52 Fed. R. Serv. 1377, 1999 U.S. Dist. LEXIS 18597, 1999 WL 672412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/construction-drilling-inc-v-chusid-njd-1999.