Civil suit

we courror comes ORIGINAL HAMILTON COUNTY, OHIO COLDSTREAM COUNTRY CLUB ' 400 Asbury Rd. I cameo p2305585 Cincinnati, Ohio 45255 : Judge: Plaintif, : : COMPLAINT FOR, THEFT, v. i FRAUD, VIOLATION OF THE FAITHLESS SERVANT SE © DOCTRINE, AND PUNITIVE EE DLANZRIGNT IND 1g 32 : : [I : m i3 1 ® “iz Defendants. Now comes Plaintiff Coldstream Country Club (‘Plaintif), and for its Complaint against Defendants ENISENSTIEERWN we ZEEE (‘Defendants’), hereby states as follows: PARTIES 1. Plaintif Coldstream Country Ciub is an Ohio non-profit corporation with its principal place of business located at 400 Asbury Road, Cincinnati, Hamilton County, Ohio 45255. 2. Defendant GRUNER} is an individual who formerly resided at FESSOR. but who has absconded and may now be on the run in Mexico with his co-Defendant wife in an effort to avoid criminal and civil responsibilty for the acts set forth herein. 1  3. SEER was bom on or about September 4, 1896. 4. SER was bom on or about August 25, 1991. Bi a Oa Ss on individual who formerly resided a i il QUEER, but who has absconded and may now be on the run in Mexico with her co- Defendant husband in an effort to avoid financial and criminal responsibilty for the acts set forth herein. 6. Defendants are husband and wife. JURISDICTION AND VENUE 7 Jurisdiction and venue are proper in this Court because the conduct and activity giving rise to Plaintiffs claims for relief took place in Hamilton County, Ohio, and ata time when Defendants resided in Hamilton County, Ohio. [EACTUAL BACKGROUND 8 (EES was employed by Plaintif from February 13, 2023 until his termination on November 30, 2023. 9. During the course of his employment, {i worked as Plaintiffs controller. 10. Plaintiff terminated JEBI® employment when he failed to retum from a scheduled vacation and Plaintiff examined its books and reaiized Thad stolen a large sum of money. 11. Within a few days WASSER, Piaintif realized that its accounting records were inaccurate and commenced an investigation which ultimately revealed that WWE stole an amount far in excess of $25,000.00 from Plaintiff during the course of his employment with Plaintiff. 2  12. Defendants carefully timed their departure from the United States to be just before an outside auditor examined Plaintffs financial records. 13. Defendants cancelled their residential real estate lease weeks in advance of their departure to Mexico and scheduled a moving company weeks in advance of their departure, but intentionally did not inform Plaintiff of their departure or provide Plaintiff notice the¥ was quitting his employment. 14. Defendants spent the weeks leading up to their departure from the United States. stealing as much money from Plaintf as possible. 15. WIR annual salary was $95,000.00. 16. During the entire period of his employment with Piaintifl, MESSI wages were paid promptly and in full by Plaintif. 17. #WEEENS stole money in a variety of ways, including, but not limited to, 1) fake reimbursements, 2) fraudulent PayPal transactions connected to Plaintiffs credit card, 3) fraudulent wire transfers to a bank account controlled by him from PlainiiPs bank account, ‘and 4) fraudulently increasing his salary. 18. MSN, without the authorization of Plaint, would often assist Gl in the ‘execution of his duties and responsibilities to Plaintiff. 19. \g@mmmold people she had a background in finance. 20. WISI used her access to Plaintiffs private financial information, provided to her ‘by GE; to steal funds from Plaintiff. 21. AWS, upon information and belief, and active and knowing co-conspirator ‘with NER in the theft of funds from Plaintiff. 3  22. Uponinformation and belief, Defendants acted in conjunclion with one anather and were involved in a criminal and civil conspiracy to steal funds from Plaintiff and abscond ‘with the funds to Mexico. BE iia et a i wl} was not employed with or by Plaintif. 24. WEEP has family ving in Ajic, Jalisco, Mexico, and had Defendants’ household goods moved to the address set forth in the style of this case. 25. GEESE purchased new vehicles with money stolen from Paintif, to wit: a 2012 Mercedes-Benz bearing license plate number Ohio AGE, VIN: OIE a1 a 2022 Kis, Tollide, bearing conse plte number Ohio Hm EEIOTIS . 5th vehicies were registered with SI as the primary owner and iyi as the additional owner. FIRST CLAIM FOR RELIEF Civil Theft (Violation of R.C. § 2307.61) 26. Plaintiff incorporates by reference the allegations contained above as f fully rewrite herein. 27. Defendants willfully and intentionally stole cash and property belonging to Plaintiff valued in excess of $25,000.00, the actual amount to be proven at trial. 28. In addition to the actual loss, Plaintiff has expended money to investigate the theft ‘and otherwise incurred administrative costs that continue to increase. 29. Pursuant to R.C. § 2307.61(A)(1)(b)ii), Plaintiff is entitled to liquidated damages in an amount equal to three times the value of the cash and property stolen by Defendants. 4  30. Pursuant to RC. § 2307.61(B), Plaintf is entiled to reasonable attomeys fees and costs in maintaining this action. 31. Asadirectand proximate result of Defendants’ theft of Plaintiffs cash and assets, Plaintiff has suffered damages in an amount to be determined at tial, but which exceeds $25,000.00. SECOND CLAIM FOR RELIEF Fraud/Punitive Damages 32. Plaintif incorporates by reference the allegations contained above as if fully rewritten herein. 33. Defendant AGE tock steps to hide his theft from Plaintiff and to mislead Plaintiff and tofile false documents with Paycor seeking reimbursement when no reimbursement was owed. 34. Defendant NEE provided false accounting and finance reports to Plaintiff in order to knowingly hide his theft, which false reports and documents, Plaintiff reasonably believed. 35. NEEEERwwas not paying many of Plaintiffs legitimate invoices from venders, as was his duty. Instead, was reporting to Plaintf that its legitimate invoices were being paid when he was not paying them to cover his theft in bogus accounting records provided to Plaintif. 36. Defendants have retained cash and property belonging to Plaintif, converted Plaintiffs cash and property to their own benefit and failed to repay Plaintiff for what they have stolen. s  37. Defendant JE with, upon information and belief, the full knowiedge and cooperation of Defendant NWSE. intentionally engaged In a number of criminal schemes to wrongfully deprive Plaintf of funds. 38. Plaintiff reasonably relied upon @IAll intentional fraudulent statements when it permitted him access and continued to permit him access to Plaintiffs financial records ‘and confidential account information and documents, which access lll and MIR, intentionally and wrongfully abused for their own personal benefit rather than the purpose i for which REM was granted access to these materials and records. 39. BERL: aided and abetted WMn these fraudulent schemes. 40. As an employee of Plaintiff, Defendant WR, gained valuable insight into Plaintiff's confidential books and records and business practices, this information was provided to EEF the sole benefit of Plaintiff. However, SE used this knowledge, with the help of ll, to steal from Plaintiff in a variety of deceptive and fraudulent ways. 41. Plaintiffs reasonable belief as to the honesty and integrity of Defendarn PR was used and abused by RBBB to steal from Plaintiff and to use Plaintiffs credit to steal from others in Plaintiff's name, including Plaintiffs bank and credit card company. 42. Asadirectand proximate result of Defendanis' intentional schemes and fraudulent ! actions, Plaintiff has suffered damages in an amount to be determined at trial, but which ‘exceeds $25,000.00. 43. Defendants’ conduct was willful, wanton, reckless, intentional and/or malicious, and, as a result, Plaintiff s entitled to punitive damages from Defendants in an amount to : be determined at tral. 6  44. In addition to any other damages and compensation, Plaintf i ented to receive compensation from Defendants for all reasonable legal fees and costs directly attributable to Defendants’ fraud and theft including all costs associated with this legal action. THIRD CLAIM FOR RELIEF Violation of the Faithiess Servant Doctrine 45. Plaintif incorporates by reference the allegations contained above as if fully rewritten herein. 46. By and through the misconduct described above, Defendant SHER? acted as a faithless servant within the meaning of Ohio's common law faithless servant doctrine. 47. During the course of TMM employment with Plaintif, he received compensation and benefits from Plaintiff in exchange for, and with the legitimate ‘expectation that, at all times, he would act in Plaintiffs best interest. 48. While receiving such compensation and benefits from Paint, NSIS was disloyal to and dishonest with Plaintif, acting instead in his own perceived best interests ‘and against the business interests of Plain. 49. Plaintifis entied to damages for ASIA breach of his duty to remain loyal and honest as an employee of Plaintiff, and for actively and intentionally acting against the business interests of Plainti. 50. Defendant MEP should be ordered to retum all compensation received from Plaintiff during the period of his faithlessness employment. 51. Plaintiff has been damaged by Defendant ASSBMaithless service in an amount in excess of $25,000.00, the full amount to be set forth at trial. WHEREFORE, Plaintif Coldstream Country Club prays for judgment against Defendants jointly and severally (exept as noted below) as follows: 7  A. Compensatory damages in an amount in excess of $25,000.00, the actual amount to be proven at tral; B. Damages in the amount of three times the value of the cash and property stolen from Piaintif by Defendants; C. Punitive damages in an amount to be determined st rial D. Reasonable attomey's fees and costs; E. Anamount equal to the compensation Defendant Sil received while an ‘employee of Plaintiff during which period Defendant was actively ‘engaged in stealing money from Plaintiff (this claim for relief applies only to VEER); F. Such additional relief, legal or equitable, to which Piaintif may be entitled. Respectfully submitied, Isl Christopher R. McDowell Christopher R. McDowell (0072218) STRAUSS TROY CO, LPA The Federal Reserve Building, 4° Floor 150 East Fourth Street Cincinnati, OH 45202-4018 T: 513.621.2120/F: 513.241.8250 E-mail: crmodoweli@strausstroy.com Trial Counsel for Plaintil 5