Rabbi Avigdor Slatus, Rita Slatus, Yaakov Slatus, Shlomo Slatus v. Dean Flake; Wells Fargo Bank, National Association (Inc.); and Truist Bank

CourtDistrict Court, S.D. Georgia
DecidedApril 30, 2026
Docket4:25-cv-00232
StatusUnknown

This text of Rabbi Avigdor Slatus, Rita Slatus, Yaakov Slatus, Shlomo Slatus v. Dean Flake; Wells Fargo Bank, National Association (Inc.); and Truist Bank (Rabbi Avigdor Slatus, Rita Slatus, Yaakov Slatus, Shlomo Slatus v. Dean Flake; Wells Fargo Bank, National Association (Inc.); and Truist Bank) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rabbi Avigdor Slatus, Rita Slatus, Yaakov Slatus, Shlomo Slatus v. Dean Flake; Wells Fargo Bank, National Association (Inc.); and Truist Bank, (S.D. Ga. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION RABBI AVIGDOR SLATUS, RITA SLATUS, YAAKOV SLATUS, SHLOMO SLATUS, Plaintiffs, CIVIL ACTION NO.: 4:25-cv-232 v. DEAN FLAKE; WELLS FARGO BANK, NATIONAL ASSOCIATION (INC.); and TRUIST BANK, Defendants. O RDER For the below reasons, the Court GRANTS Plaintiffs’ Motion to Remand. (Doc. 13.) Plaintiffs filed this action in the State Court of Chatham County against Defendants Dean Flake, Truist Bank (“Truist”), and Wells Fargo Bank National Association, Inc. (“Wells Fargo”), on September 12, 2025. (Doc. 1-1.) Truist removed the case to this Court based on diversity of citizenship. (Doc. 1.)1 Truist acknowledged that Plaintiffs and Flake are Georgia residents. (Id. at p. 5.) But Truist argued that the Court could disregard Flake’s citizenship because Plaintiffs had only named Flake as a defendant to defeat this Court’s diversity jurisdiction. (Id. at pp. 5–15)

1 Truist stated that Wells Fargo consented to removal and that Flake’s consent was unnecessary because he had been fraudulently joined. (Doc. 1, pp. 5—6.) Truist also asserted that Flake had not been served with the Complaint, (id. at p. 6 n.3), and it appears Plaintiffs have still not served Flake. That said, after some initial dispute, the parties agree that whether Plaintiffs have served Flake does not affect whether the Court has subject matter jurisdiction. (See doc. 1, p. 6 n. 3; doc. 13, pp. 6–8; doc. 20, p. 4 n.1.) Plaintiffs moved to remand, (doc. 13), and Truist filed a brief in opposition to that Motion, (doc. 20), which Wells Fargo joined, (doc. 23). A Georgia court might find that Plaintiffs state a claim against Flake for civil conspiracy to defraud. Thus, Truist has failed to show that Plaintiffs fraudulently joined Flake. As a result, this case falls outside the Court’s subject matter jurisdiction and must be remanded.

BACKGROUND2 This lawsuit arises out of loans that Plaintiffs made to Master Lending Group, LLC (“MLG”). (Doc, 1-1, pp. 2.) “In exchange for their loans, Plaintiffs were to receive ten percent interest on the principal balance of each of their loans plus a full return of the principal loaned on demand.” (Id. at p. 3.) MLG was organized and operated by Gregory Hirsch, who is now deceased. (Id. at pp. 2—3.) MLG “was a [P]onzi scheme run by Gregory Hirsch, and was perpetuated through a series of misrepresentations made by Gregory Hirsch, including but not

2 The Court takes the following pertinent facts from Plaintiffs’ Complaint, (doc. 1-1), and Amended Complaint, (doc. 10). Ordinarily, an amended complaint supersedes an original complaint and renders the original complaint a “legal nullity.” Hoefling v. City of Miami, 811 F.3d 1271, 1277 (11th Cir. 2016). But Plaintiffs intended to only supplement their Complaint through the Amended Complaint, and they “incorporate[d] . . . their initial Complaint as if fully set forth [t]herein.” (Doc. 10, p. 1.) In federal court, the practice of incorporating by reference an entire prior pleading is disfavored if not disallowed. See Gross v. UPS, No. 23-10808, 2024 WL 1299107, at *3 (11th Cir. Mar. 27, 2024) (incorporating prior complaints whole cloth constituted impermissible shotgun pleading) (citing Cook v. Randolph County, Ga., 573 F.3d 1143, 1151 (11th Cir. 2009)). Nonetheless, as explained below, when ruling on a motion to remand for fraudulent joinder, the Court must review Plaintiffs’ claims deferentially and follow state pleading standards. Thus, the Court will consider the allegations in both pleadings when ruling on Plaintiffs’ Motion. The Court also considers the Amended Complaint even though it was filed after removal, because, under recent Supreme Court precedent, the Court must determine whether it has jurisdiction over this matter based on the currently operative pleadings rather than the pleadings that had been filed at removal. See Royal Canin U.S.A., Inc. v. Wullschleger, 604 U.S. 22, 30 (2025) (“When a plaintiff amends her complaint following her suit’s removal, a federal court’s jurisdiction depends on what the new complaint says.”). At any rate, the Court’s jurisdictional finding would remain the same whether considering Plaintiffs’ original Complaint, (doc. 1-1), their Amended Complaint, (doc. 10), or both. For ease of reference, the Court will refer to the Complaint and Amended Complaint collectively as “the Complaints.” limited to how Plaintiffs’ monies were being used.”3 (Id. at p. 3.) Defendant Flake was Hirsch’s employee, and he assisted Hirsch in the operation of MLG including cutting monthly checks to MLG’s investors. (Doc. 10, p. 2.) Flake “thought Master Lending Group’s transaction history gave the appearance of a Ponzi scheme, yet he conspired to and did aid in the continuation of the

fraudulent scheme in preparing interest checks actually sent to the lenders, including Plaintiff.” (Doc. 1-1, p. 5.) Plaintiffs received monthly payments from MLG until May 2023, and MLG filed for Bankruptcy in July 2023. (Id. at p. 3.) Flake “utilized his position working for Gregory Hirsch to create checks payable to lenders, such as Plaintiffs, and fraudulently cause such checks to be deposited into his personal account.” (Id. at p. 5) In other words, in addition to the checks that were delivered to MLG’s lenders, Flake wrote additional checks made out to lenders but he “never intended lenders, such as Plaintiffs, to have an interest in them. Instead, Flake would present these checks to Wells Fargo, whom with [sic] he had a personal checking account, for payment to him to be deposited into his personal checking account.” (Doc. 10, p. 2.) “Wells Fargo accepted Flake’s deposits and presented them

to Truist, known as Suntrust [sic] at the time, for payment from the lenders’ pool of money in Master Lending Group’s account with Truist.” (Doc. 1-1, p. 3.) Flake began this practice in

3 As the United State Court of Appeals for the Eleventh Circuit explained, “The term ‘Ponzi scheme’ is derived from Charles Ponzi, a famous Boston swindler. With a capital of $150, Ponzi began to borrow money on his own promissory notes at a 50% rate of interest payable in 90 days. Ponzi collected nearly $10 million in 8 months beginning in 1919, using the funds of new investors to pay off those whose notes had come due.” United States v. Masten, 170 F.3d 790, 797, n. 9 (7th Cir.1999) (quotations and citations omitted). “Generically, a Ponzi scheme is a phony investment plan in which monies paid by later investors are used to pay artificially high returns to the initial investors, with the goal of attracting more investors.” In re Bonham, 229 F.3d 750, 759, n. 1 (9th Cir. 2000). See also Cunningham v. Brown, 265 U.S. 1, 44 (1924). United States v. Silvestri, 409 F.3d 1311, 1317 (11th Cir. 2005). September 2016, and over the next three years, he stole money 251 times totaling $1.6 million dollars. (Id.) Flake pleaded guilty to criminal charges of “knowingly carrying out a scheme to defraud a financial institution and to get money, assets, or other property from a financial institution, by using false or fraudulent pretenses, representations, or promises about a material

fact.” (Id. at p. 6.) LEGAL STANDARD “Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded by judicial decree.” Kokkonen v. Guardian Life Ins. Co.

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Rabbi Avigdor Slatus, Rita Slatus, Yaakov Slatus, Shlomo Slatus v. Dean Flake; Wells Fargo Bank, National Association (Inc.); and Truist Bank, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabbi-avigdor-slatus-rita-slatus-yaakov-slatus-shlomo-slatus-v-dean-gasd-2026.