JS 44 (Rev.

12112)
The JS 44 civil cover sheet
provided by local rules of
purpose of initiating the civi
I. (a) PLAINTIFFS
Joseph E. Riad
CIVIL COVER SHEET
ntained herein neither replace nor supplement the filing and service of pleadin&s or other papers as required by law, except as
ved by the Judicial Coillerence of the United States in September 197 4, is required for the use of the Clerk of Court for the
INSTRUCTIONS ON NEXT PAGE OF 1HISFORM.)
DEFENDANTS
Andrew Alexis, Michael Fastman, Tischer Auto d/b/a Bavarian Motor Works,
Silver Springs and Vannipa Smith.
(b) County of Residence of First Listed P
(EXCEPT IN U.S. P
County of Residence of First Listed Defendant
(JN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Nwnber)
Mickala Lorraine Rector, Esq., Attorney ID NO.: 260445
Abbs & Console, LLP
753 S. 13th St.
Attorneys (ff Known)
Ronald His& Esq. (Vannipa Smith)
2020 N. 14 St. Ste. 510
Arlington, Va. 22210
Philadelphia, Pennsylvania 19147
JI. BASIS OF JURISDICTION (Placean "X"inOneBoxOnly) ill. CITIZENSHIP 0 AL PARTIES (Place an "X" in One Boxfor Plaintiff
0 1 U.S. Government
Plaintiff
02 U.S. Government
Defendant
G
I Question
. Government Not a Party)
sity
cale Citizenship of Parties In Item Jll)
(For Diversity C
Citizen of This State
Citizen or Subject of a
Foreign Country
and One Box for Defendant)
Incorporated or Principal Place
of Business In This State
Incorporated and Principal Place
of Business In Another State
3 Foreign Nation
PTF
04
IV. NATURE OF SUIT (Placean "X"inOneBoxOnly)
0 llO Insurance PERSONAL INJURY PERSONAL INJURY 0625 Drug Related Seizure 0422 Appeal 28 USC 158 0 375 False Claims Act
0 120 Marine 0 310 Airplane 0 365 Personal Injury - of Property 21 USC 881 0 423 Withdrawal 0 400 State Reapportionment
0 130 Miller Act 0 315 Airplane Product Product Liability 0690 Other 28 USC 157 0 410 Antitrust
0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 430 Banks and Banking
0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical ! 0 450 Commerce
& Enforcement of Judgment Slander Personal Injury 0 820 Copyrights 0 460 Deportation
0 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 470 Racketeer Influenced and
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademark Corrupt Organizations
Student Loans 0 340 Marine Injury Product 0 480 Consumer Credit
(Excludes Veterans)
Recovery of Overpayment
of Veteran's Benefits
0 160 tockholders' Suits
18119 Other Contract
5 Contract Product Liability
196 Franchise
0 345 Marine Product Liability i;li;\;1SO(EJA:J1;SE(;}URJ11'Yt:'{1":i'Ll.\ 0 490 Cable/Sat TV
Liability PERSONAL PROPERTY 0710 Fair Labor Standards 0 861 HIA (1395ff) 0 850 Securities/Commodities/
0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange
0 355 Motor Vehicle 0 371 Truth in Lending 0720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions
Product Liability 0 380 Other Personal Relations 0 864 SSID Title XVI 0 891 Agricultural Acts
0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSI ( 405(g)) 0 893 Environmental Matters
Injury 0 385 Property Damage 0751 Family and Medical 0 895 Freedom of Information
0 362 Personal Injury- Product Liability Leave Act Act
Medical Malpractice 0 790 Other Labor Litigation 0 896 Arbitration
: 1: :;7:.,;u;

0 791 Employee Retirement 0 899 Administrative Procedure

210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) Agency Decision
0230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS-Third Party 0 950 Constitutionality of
0 240 Torts to Land 0 443 Housing/ Sentence 26 use 7609 State Statutes
0 245 Tort Product Liability Accommodations 0 530 General
0 290 All Other Real Property 0 445 Amer. w/Disabilities 0 535 Death Penalty
O 2 atu tzatlOn App 1cat10n
VL CAUSE OF
ACTION
VII. REQUESTED IN
COMPLAINT:
Employment Other:
O 446 Amer. w/Disabilities
Other
0 540 Mandamus & Other
0 550 Civil Rights
0465 Other Immigration
0 448 Education
Actions
0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinement
3 Remanded from
Appellate Court
U 4 Reinstated or
Reopened
U 5 Transferred from U 6 Multidistrict
Another District Litigation
(specifY)
Cite the U.S. Civil Statute under which you are filing (Do not citejurisdiaional statutes unless diversity):
28 USC 1332 a) 1
Brief description of cause:
Plaintiff alleges that Defendants V annipa Smith, facilitated by Defendant Andrew Alexis (sales associate of BMW) and Defendant Michael
Fastman (general manager of BMW), defrauded Plaintiff of $188,000.00 when they appropriated and refused return of Plaintiffs funds
($58,820.57 cashier's check) and transferred title to the xS BMW, purchased with said funds, in an unau -p
eater detail infra), and thereafter sold said car to a bu er in China for a rice of $188,000.00.
0 CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND$
$188,000.00,
construct trust,
trebable and punitive
damages and
preliminary
injunction.
CHECK YES only if demanded in complaint:
JURY DEMAND: No
VIIL RELATED CASE(S)
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 1 of 36
JFANY
DATE
05/16/2013
FOR OFFICE USE ONLY
RECEIPT#
JS 44 Reverse (Rev. 12/12)
(See instructions):
AMOUNT
JUDGE
APPL YING IFP JUDGE MAG.JUDGE
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 197 4, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at
the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In
land condemnation cases, the county ofresidence of the "defendant" is the location of the tract ofland involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney ofrecord. If there are several attorneys, list them on an attachment,
noting in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark
this section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more
than one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date ofremand as the filing
date.
Reinstated or Reopened. ( 4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 2 of 36
". ..
2696
Address ofDefendant: cl) Defendant Vannipa Smith, (a) 16106 Atlantis Drive, Bowie, MD,
20716; and,_(b) 6037 Leesburg Pike, Falls Church, Va. 22041; (2) Defendant Tischer
Autopark, Inc., d/b/a/ Bavarian Motor Works, Silver Springs, (a) 23 Walker Ave.,
Baltimore, Maryland, 22108; and, (b) 3211 Automobile Blvd. Silver Springs, Maryland,
20904; (3) Defendant Andrew Alexis, 3331 McMahon Road, Silver Springs, Maryland,
20902; and, (4) Defendant Michael Fastman, 6455 Ruxton Drive, Elkridge, Maryland
21075.
Place of Accident, Incident or Transaction: Plaintiff, a Pennsylvania citizen was defrauded by_, inter alia,
conversion of an x5 BMW,_Rurchased with his cashier's check (drawn on Pennsylvania
bank) in the amount of $58,820.57. Defendant Smith was thereby unjustly enriched in the
amount of $188,000.00 (re-sale of vehicle to Asia1.
The harm in the amount of the misapQ[Qpriated funds occurred in Pennsylvania to the
extent that the duty to use said funds was incurred in Pennsylvania and (Q) the
misap_p.IQP.riated funds were drawn on a Pennsylvania account.
The initial misrepresentation that induced Plaintiff to entrust Defendant Smith with his
cashier's check, was made in Plaintiff's Pennsylvania home. Further, nearly: all of the false
P.romises made at that time involved Pennsylvania,,_(.) the cashier's check would be drawn
on Plaintiff's Pennsylvania account Q!) the x5 was sup]osed to be delivered to Plaintiff in
Nottingham, Pennsylvania, etc.
Finally_, the harm was directed at the forum state of Pennsylvania. Defendant Tischer
Autopark, Inc., d/b/a Bavarian Motor Works, Silver Spring,Uy and through its
Andrew Alexis and Michael Fastman. aimed harm at the forum state of Pennsy:lvania:
They committed, facilitated and/or ratified the torts alleged in the Complaint knowing the
J2ill:!Y to be harmed, Plaintiff, was a Pennsylvania citizen. Defendant Smith also aimed
harm at Pennsylvania as she knew she was harming a Pennsylvania resident, went to
Pennsylvania and caused money to be withdrawn from a Pennsylvania bank.
Additional Space)
Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation
owning 10% or more of its stock?
two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7. l(a))
N/
YesD
s case involve multidistrict litigation possibilities? YesD
0
'ED CASE, IF ANY:
Case Number: ________ Judge __________ Date Terminated:
Civil cases are deemed related when yes is answered to any ufthe following questions:
1. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in
this court?
YesD
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 3 of 36
2. Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year
previously terminated
action in this court?

3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pending or within one
year previously
terminated action in this court? YesD
4. Is this case a second or successive habeas corpus, social security appeal, or pro se civil rights case filed by the
YesD N7
CIVIL: (Place t/ in ONE CATEGOR y ONLY)
A Federal Question Cases:
Cases:
1 . o Indemnity Contract, Marine Contract, and All Other Contracts
and Other Contracts
2. D FELA
Injury
3. D Jones Act-Personal Injury
Defamation
4. D Antitrust
Injury
5. o Patent
Personal Injury
6. o Labor-Management Relations
Injury (Please specify)
7. D Civil Rights
8. o Habeas Corpus
-Asbestos
9. D Securities Act( s) Cases
Diversity Cases
10. D Social Security Review Cases
(Please specify)
11. o All other Federal Question Cases
(Please specify)
ARBITRATION CERTIFICATION
(Check Appropriate Category)
B. Diversity Jurisdiction
1. o Insurance Contract
2. D Airplane Personal
3. D Assault,
4. o Marine Personal
9. D All other
I, Mjckala Lorraine Rector Efil!. , counsel of record do hereby certify:
o Pursuant to Local Civil Rule 53.2, Section 3(c)(2), that to the best of my knowledge and belief, the damages recoverable in
this civil action case exceed the sum of $150,000.00 exclusive of interest and costs;
D Relief other than monetary damages is sought.
DATE: --..Mlly...l.Ci...l!l.U
260445
Attorney I.D.#

Attorney-at-Law
NOTE: A trial de novo will be a trial by jury only ifthere has been compliance with F.R.C.P. 38.
I certify that, to my knowledge, the within case is not related to any case now pending or within one year previously
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 4 of 36
terminated action in this court
except as noted above.
DA TE: _ __.M......,ay..lJi..2.11.U
260445
Attorney I.D.#
CIV. 609 (5/2012)
Attorney-at-Law
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 5 of 36

IN THE UNITED STATES DISTRICT COURT
QR THE EASTERN DISTRICT OF PENNSYLVANIA
CASE MANAGEMENT TRACK DESIGNATION FORM
CIVIL ACTION

:
ffi'JtlJ) :
v \

13 2696
(\\ 'n\ o._ :
NO.
In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for
plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of
filing the complaint and serve a copy on all defendants. (See 1 :03 of the plan set forth on the reverse
side of this form.) In the e,vent that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on
the plaintiff and all other parties, a Case Management Track Designation Form specifying the track
to which that defendant believes the case should be assigned.
SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
(a) Habeas Corpus - Cases brought under 28 U.S.C. 2241 through 2255.
(b) Social Security - Cases requesting review of a decision of the Secretary of Health
and Human Services denying plaintiff Social Security Benefits.
(c) Arbitration - Cases required to be designated for arbitration under Local Civil Rule 53.2.
(d) Asbestos - Cases involving claims for personal injury or property damage from
exposure to asbestos.
(e) Special Management - Cases that do not fall into tracks (a) through (d) that are
commonly referred to as complex and that need special or intense management by
the court. (See reverse side of this form for a detailed explanation of special
management cases.)
(f) Standard Management - Cases that do not fall into any one of the other tracks.
(
)
Attorney for ---

Telephone FAX Number E-Mail Address
(Ch. 660) 10/02
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 6 of 36
MMH
,J.tL/ou
i\ Mickala Lorraine Rector, Esquire
Attorney ID NO.: 260445
Abbs & Console, LLP
753 S. 13th Street
Philadelphia, Pennsylvania 19147
Attorney for Plaintiff, Joseph E. Riad
UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH E. RIAD
KENNETT SQUARE, PENNSYLVANIA
Plaintiff,
vs. CIVIL ACTION NO.
V ANNIPA SMITH
13
2696
----
FALLS CHURCH, VIRGINIA
and
COMPLAINT AND JURY DEMAND
ANDREW ALEXIS
SIL VER SPRINGS, MARYLAND
and
MICHAEL FASTMAN
SILVER SPRINGS, MARYLAND
and
TISCHER AUTOPARK, INC.
D/B/A BA VARIAN MOTOR
WORKS
SILVER SPRINGS, MARYLAND
Defendants.
NATURE OF ACTION
1. This action is brought pursuant to following state causes of action: common law fraud,
interference of contract, conversion, unjust enrichment and breach of contract.
2. Plaintiff seeks redress in compensatory and restitutionary damages, injunctive r
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 7 of 36
including preliminary injunction and constructive trust, attorneys' fees and other relief.
JURISDICTION AND VENUE
3. This Court has subject matter jurisdiction pursuant to 28 USC 1332(a)(l) because the
amount in controversy exceeds $75,000.00 and the parties are diverse.
4. This Court has personal jurisdiction over the above captioned defendants.
5. Venue is properly laid under 28 US.C. 1391 (b)(2), as a substantial amount of the
complained of events occurred within this Court's jurisdiction.
PARTIES
6. Plaintiff, Joseph Riad, is a Pennsylvania citizen, residing m Kennett Square and
Nottingham, Pennsylvania.
7. Defendant, Vannipa Smith, ("Ms. Smith") is a Virginia citizen, believed to be residing in
McLean, Virginia.
8. The Defendant, Tischer Autopark, Inc. ("Tischer"), is a Maryland Corporation, with a
business address of 23 Walker Avenue, Baltimore, Maryland 22108. Defendant Tischer is the
registered owner and does business as Bavarian Motor Works, Silver Springs, which has a
business address of 3211 Automobile Blvd Silver, Spring, Maryland, 20904. For the purposes of
this Complaint, Plaintiff will refer to Defendant Tischer as "BMW"
1

9. At all relevant times herein, BMW, was a principal to Mr. Alexis and Mr. Fastman.
10. The Defendant, Andrew Alexis, ("Mr. Alexis"), at all relevant times herein, was an agent
for Defendant, BMW, Silver Springs, and upon information and belief, he was residing in Silver
Springs, Maryland, 20902.
1
Primarily, BMW is used for clarity, as the trade name is universally known. Additionally, this is the business name
that was held at to the public.
2
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 8 of 36
11. The Defendant, Michael Fastman, ("Mr. Fastman"), at all relevant times herein, was an
agent for Defendant, BMW, Silver Springs, and upon information and belief, he was residing in
Elkridge, Maryland 21075.
FACTS COMMON TO ALL COUNTS:
12. At all relevant times, the defendants directed harm at the forum state of Pennsylvania, as
they knew their conduct would cause harm to a Pennsylvania resident, Mr. Riad. Affidavit of
Plaintiff, Joseph E. Riad, ~ 3-7, 12, 13, and 18, ("Exhibit A").
13. Shortly before July 18, 2012, Ms. Smith, facilitated by Mr. Alexis (sales associate of
BMW) and Mr. Fastman (manager of BMW), appropriated and refused return of Plaintiffs funds
($58,820.57 cashier's check) and transferred title to the x5 BMW, purchased with said funds, to
an unauthorized third-party (explained in greater detail infra).
Ms. Smith and Mr. Alexis
14. Prior to July 17, 2012, Defendants Smith and Alexis (BMW sales agent) devised a
scheme to procure an x5 BMW and sell said car to China for profit. Specifically,
a.) Ms. Smith agreed to obtain a cashier's check from Plaintiff, in the amount of
$58,820.57, PNC Cashier's Check, ("Exhibit B"), with which to purchase the x5 BMW
from Mr. Alexis' dealership, Ex. A, ~ 4 - 7 , 10, 11-14, 24 and 25; and,
b.) Mr. Alexis agreed to use the cashier's check in the sales transaction and importantly,
transfer title of said car to Ms. Smith, or her representative (here, Luzulenia Andujar-
Rivera), instead of to Plaintiff. Ex. A, ~ 12-14; x5 Title, ("Exhibit C").
Defendant Vannipa Smith
15. At the time Defendant Smith induced Mr. Riad into the below agreement, it was not her
intent to obtain and/or deliver said car to/for Plaintiff.
3
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 9 of 36
16. On or before July 17, 2012, Ms. Smith contacted Plaintiff and represented to him that the
BMW dealership was selling an x5 BMW for approximately $5,000.00
2
below sticker. Ex. A, i!5.
17. The negotiations for the agreement, giving rise to the claims herein, occurred at
Plaintiffs Nottingham, Pennsylvania home. Ex. A, i!4-7.
18. The agreement was formed at Plaintiff's Pennsylvania home. Ex. A, i!7.
19. Defendant Smith obtained the cashier's check (Check Serial No.: 4095855), Ex. B, and
Plaintiffs passport, See, Ms. Smith's confession, ("Exhibit D"), while she was at Plaintiffs
Pennsylvania home.
20. Under Pennsylvania law, Ms. Smith obtained the obligation (to dispense Plaintiff's
funds), while she was physically in Pennsylvania
3
. See generally, 18 Pa.CS. 3927(a).
21. The terms of said agreement required Defendant Smith to deliver an x5 BMW to Plaintiff
at his Pennsylvania home. Ex. A, i!6.
22. Defendant Smith has additionally traveled to Pennsylvania approximately thirty to forty
times in the past year to negotiate or attempt to negotiate other transactions between herself and
Mr. Riad. By way of example, Ms. Smith continuously asked Plaintiff for loans to finance her
personal debt and/or her "business schemes". Ex. A, i!3.
Defendant Alexis, Sales Agent, BMW
23. Mr. Alexis acted as BMW's sales agent in consummating the sales transaction that
purported to vest title to said funds in BMW and purported to vest title to the x5
2
Allegedly, an individual had forfeited his $5,000.00 deposit on this x5 BMW and thus, the BMW dealership was
offering the x5 at the ticket price minus the deposit.
3
a.) Ms. Smith met Plaintiff at his Pennsylvania residence; and,
b.) Ms. Smith represented to Plaintiff that if he drew a cashier's check, payable to Silver Springs BMW, she would
purchase the car on his behalf and deliver it to him in Pennsylvania within the next few days.
4
Plaintiff denied said loan requests and at all times of this transaction and any other transaction has never been a
partner of Ms. Smith or any other entity she owns.
4
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 10 of 36
(5UXZV4C58DOB04492) in Luzulenia Andujar-Rivera ("Andujar-Rivera") (an agent of Ms.
Smith's). Ex. C.
24. At all relevant times, Mr. Alexis was aware that the cashier's check was purchased with
Plaintiffs money and that neither Ms. Smith's nor Ms. Andujar-Rivera had any possessory
interest in Plaintiffs moneys. Ex. 12-14 and Ex. B.
26. The Cashier's Check presented to Mr. Alexis clearly identifies the bank's location as
"Philadelphia PA". Ex. B.
27. BMW, Silver Springs took possession of Plaintiffs funds on or before July 23, 2012
(date Plaintiffs cashier's check posted). Ex. B.
28. When Plaintiff called the Silver Springs police and Officer Schwager came to the
dealership (CR# 12050384), Plaintiff noticed that Defendant Alexis left for a period of time.
(See 35, 36).
Refusal to Produce x5 or Return Plaintiff's Funds
29. Plaintiff demanded that Mr. Fastman, BMW's General Manager, provide him with a new
car.
30. While BMW's manager, Mr. Fastman confirmed that BMW had taken Plaintiffs moneys
and placed title in the name of Ms. Andujar-Rivera instead of Plaintiff, he emphatically refused
to replace the car or return Mr. Riad's money. Ex. 16-19.
31. In the presence of Plaintiff, Mr. Fastman phoned the Silver Springs police and spoke with
one of the investigating officer's supervisors. The gist of the conversation, heard by Plaintiff
requested that this supervisor "cover-up" the theft, as the dealership "had the situation
contained". Ex. 18.
5
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 11 of 36
32. Said conversation occurred at the Silver Springs BMW dealership during business hours
and for the purpose of retaining BMW's unlawfully acquired money and concealing concomitant
criminal activities. Ex. A ~ 16.
33. Shortly thereafter, Plaintiff was informed by the Silver Springs police that the conduct,
which unquestionably violates state law (e.g., 18 Pa.CS. 3927(a)) (unlawful disposition of
funds) and federal law (18 USC 1344(2) (bank fraud); 18 USC 2312 (transporting stolen
motor vehicles); and 18 USC 1962(c) (RICO, the violations constitute predicate acts, that
directly or indirectly affect an enterprise's affairs, through a pattern of racketeering activity) was
a civil matter. Ex. A ~ 19.
34. Plaintiff believes, based on, inter alia, the facts stated i n ~ 30-33, and therefore alleges
that he was denied the aid of the local police in obtaining return of his money and/or x5 based in
whole or in part on the above act of Mr. Fastman.
Defendant Alexis's Statements to Plaintiff
35. Plaintiff further took notice of Defendant Alexis' demeanor and avers that Defendant
Alexis seemed nervous, scared and/or agitated, upon his subsequent return.
36. Defendant Alexis made the following statements to Mr. Riad:
a.) at or before the time he vested title in Defendant Smith's agent, Ms. Andujar-
Rivera, Defendant Alexis was aware that the cashier's check was drawn on
Plaintiffs bank account, Ex. A ~ 11-13;
b.) Defendant Smith had sold Plaintiffs car to China for a price of approximately
$188,000.00, Ex. A ~ 12; and,
c.) Defendant Smith had only given Defendant Alexis $750.00 of said money, so he
could not reimburse Plaintiff. Ex. A ~ 14, 15.
6
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 12 of 36
Confession and Written Guarantee to Repay Debt
37. Plaintiff continuously contacted Ms. Smith, demanding return of his car and/or profits
derived from its sale, assumed to be approximately $188,000.00. ( ~ 36(b)). Ex. D; see also, Ex.
A , ~ 24-26.
38. Ms. Smith, who was still in possession of Plaintiffs passport, responded as follows:
Between the months of July and October, she would fluctuate between (a) avoiding Plaintiffs
calls, (b) threatening to destroy or not return his passport ifhe didn't drop his demands for return
of car/and money and (c) promise to repay Plaintiff as soon as she "returned from Thailand". Ex.
A , ~ 24-26.
39. On or about October, 22, 2012, when Ms. Smith represented to Plaintiff she "was in
Thailand", he drove to her restaurant, Vannipa's Thai Restaurant, and confronted her (as she was
not in Thailand, but the restaurant, located in the United States). Ex. A, ~ 24-26.
40. Upon seeing Plaintiff, Ms. Smith apologized, conceded fault and confessed in a
handwritten statement. Said statement was signed by Ms. Smith as well as two witnesses,
Evelyn Drovot and Ms. Andujar-Rivera.
"I, Vannipa Smith ... [a]gree to return Joseph Riad's passport .. .! agree to
repay Joseph Riad for the car taken from BMW Silver Spring (separate x5
referenced in preceding paragraphs) ... I agree to Joseph Riad for
$168,000 that I received in my account for his x5m and x6." Ex. D.
41. As of the date of said Complaint, none of the above captioned Defendants or any other
entity has returned Plaintiffs x5 or compensated Plaintiff for said x5. Furthermore, Plaintiff has
not received payment on any profits derived from the unauthorized sale of the x5. Ex. A, ~ 27.
42. Plaintiff did receive his title back upon confronting Ms. Andujar-Rivera, who at current,
is believed to have been unaware of Defendant Smith and Alexis' overarching scheme to defraud
i
Plaintiff. Ex. C.
7
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 13 of 36
COUNT ONE-FRAUD (x5 BMW)
(JOSEPH E. RIAD V. V ANNIPA SMITH AND ANDREW ALEXIS)
43. Plaintiff incorporates by reference paragraphs 1 through 42 of this Complaint as if fully
set forth herein.
44. Prior to the date Defendant Smith made the following misrepresentation, she and
Defendant Alexis had entered into a conspiracy.
45. Defendant Smith made the following misrepresentations to Plaintiff in order to further
hers' and Mr. Alexis' scheme of defrauding Plaintiff ofx5 BMW as follows:
a.) Ms. Smith misrepresented to Plaintiff that she would use his cashier's check to
purchase him the x5 BMW.
b.) Ms. Smith further misrepresented to Plaintiff that she would deliver said vehicle to
Plaintiff at his Pennsylvania home.
46. Ms. Smith had fraudulent "scienter" at the time of said statement, as
a.) she never had the intent to perform; and,
b.) therefore had knowledge her promises were false.
4 7. Plaintiff actually relied on Ms. Smith's representations, as he provided her with a
cashier's check in the amount of $58,820.57, along with his passport and other documentation in
order to purchase said car. Further, Plaintiff relied on said representation, in that he did not
personally attempt to purchase the x5 BMW, believing Ms. Smith was purchasing it for him.
48. Plaintiff justifiably relied on both Ms. Smith's representations, as, inter alia, he had no
personal knowledge of her scheme.
49. Plaintiff suffered harm as a result of Ms. Smith's misrepresentation as follows:
a.) Plaintiff was deprived of the cashier's check in the amount of $58,820.57;
b.) Plaintiff was deprived of the value of the x5 BMW in excess of the above amount,
approximately $129,179.43.
8
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 14 of 36
50. Ms. Smith acted intentionally and with "actual malice" or alternatively her conduct was
"outrageous", because:
a.) Defendants' acts constituted criminal offenses under both state and federal law;
b.) Congress found the harm caused by such conduct sufficient to warrant up to thirty
years in federal prison, 18 US.C. 1344(2);
c.) Ms. Smith's fraud was not an isolated act, as
i.) she again committed bank fraud, 18 US. C. 1344(2), defrauding Plaintiff of
$141,935.00 approximately ten days later;
ii.) threatened the destruction or retention of Plaintiffs passport, knowing
Plaintiff was an international businessman; and,
iii.) upon information and belief, has defrauded others of money, such as Vincent
Zheng.
d.) Ms. Smith has continuously promised to repay Plaintiff, but has failed to make
restitution as of the date of this Complaint.
COUNT TWO-CONVERSION ($58,820.57)
(JOSEPH E. RIAD V. V ANNIPA SMITH AND ANDREW ALEXIS)
51. Plaintiff incorporates by reference paragraphs 1 through 50 of this Complaint as if fully
set forth herein.
52. Prior to the date of the conversion, Defendant Smith and Defendant Alexis had entered
into a conspiracy.
53. Defendant Smith intentionally exercised dominion and control over Plaintiffs money
when she used said money to obtain the x5 BMW.
54. Defendant Smith was not authorized to use Plaintiffs money to purchase the x5 BMW
for herself or her agent.
55. Defendant Smith acted with "actual malice" or her conduct was "outrageous" because,
a.) Defendants' acts constituted criminal offenses under both state and federal law;
b.) Congress found the harm caused by such conduct sufficient to warrant up to thirty
years in federal prison, 18 USC. 1344(2);
c.) Ms. Smith's fraud was not an isolated act, as
9
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 15 of 36
i.) she again committed bank fraud, 18 US. C. 1344(2), defrauding Plaintiff of
$141,935.00 approximately ten days later;
ii.) threatened the destruction or retention of Plaintiffs passport, knowing
Plaintiff was an international businessman; and,
iii.) upon information and belief, has defrauded others of money, such as Vincent
Zheng.
d.) Ms. Smith has continuously promised to repay Plaintiff, but has failed to make
restitution as of the date of this Complaint.
56. Plaintiff suffered harm as a result of Ms. Smith's conversion as follows:
a.) Plaintiff was deprived of the value of the cashier's check in the amount of
$58,820.57;
COUNT THREE-CONVERSION (XS BMW)
(JOSEPH E. RIAD V. V ANNIPA SMITH AND ANDREW ALEXIS)
57. Plaintiff incorporates by reference paragraphs 1 through 56 of this Complaint as if fully
set forth herein.
58. Prior to the date of the conversion, Defendant Smith and Defendant Alexis had entered
into a conspiracy.
59. Ms. Smith intentionally exercised dominion and control over the x5 BMW by depriving
Plaintiff of title and thereafter selling said x5 to the buyer in China.
60. Ms. Smith was not authorized to place title in her agent, Ms. Andujar-Rivera. Ms. Smith
was not authorized to transfer possession of said car to a Chinese purchaser.
61. Defendant Smith acted with "actual malice" or her conduct was "outrageous" because,
a.) Defendants' acts constituted criminal offenses under both state and federal law;
b.) Congress found the harm caused by such conduct sufficient to warrant up to thirty
years in federal prison, 18 US.C. 1344(2);
c.) Ms. Smith's fraud was not an isolated act, as
i.) she again committed bank fraud, 18 US. C. 1344(2), defrauding Plaintiff of
$141,935.00 approximately ten days later;
ii.) threatened the destruction or retention of Plaintiffs passport, knowing
Plaintiff was an international businessman; and,
10
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 16 of 36
iii.) upon information and belief, has defrauded others of money, such as Vincent
Zheng.
d.) Ms. Smith has continuously promised to repay Plaintiff, but has failed to make
restitution as of the date of this Complaint.
62. Plaintiff suffered harm as a result of Ms. Smith's conversion as follows:
a.) Plaintiff was deprived of the x5 BMW's equity in the amount of $58,820.57; and,
b.) Plaintiff was deprived of the value of the x5 BMW in excess of the above amount,
approximately $129,179.43.
COUNT FOUR-INTERFERENCE OF CONTRACT
(JOSEPH E. RIAD V. V ANNIPA SMITH)
63. Plaintiff incorporates by reference paragraphs 1 through 62 of this Complaint as if fully
set forth herein.
64. There was a valid agreement between Plaintiff and BMW, Silver Springs, for the sale of
an x5 BMW for the price of $58,820.57.
65. Ms. Smith was aware of said agreement.
66. Ms. Smith caused BMW, Silver Springs, to breach said agreement when they cashed
Plaintiffs check, transferred title into Ms. Smith's representative and shipped said car to China.
67. There is no justification for the interference, as the conduct given rise to said breach
constituted state and federal crimes, including federal bank fraud, 18 US. C. 1344(2), and
unlawful disposition of funds, 18 Pa.CS. 3927(a).
68. The conduct was intentional, as alleged, Ms. Smith and Mr. Alexis conspired to trick
Plaintiff into entrusting a $58,820.57 cashier's check to Ms. Smith.
69. Defendant Smith acted with "actual malice" or her conduct was "outrageous" because,
a.) Defendants acts constituted criminal offenses under both state and federal law;
b.) Congress found the harm caused by such conduct sufficient to warrant up to thirty
years in federal prison, 18 US.C. 1344(2);
c.) Ms. Smith's fraud was not an isolated act, as
11
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 17 of 36
i.) she again committed bank fraud, 18 US.C. 1344(2), defrauding Plaintiff of
$141,935.00 approximately ten days later;
ii.) threatened the destruction or retention of Plaintiffs passport, knowing
Plaintiff was an international businessman; and,
iii.) upon information and belief, has defrauded others of money, such as Vincent
Zheng.
d.) Ms. Smith has continuously promised to repay Plaintiff, but has failed to make
restitution as of the date of this Complaint.
70. Plaintiff suffered harm as a result of Ms. Smith's conversion as follows:
a.) Plaintiff was deprived of the x5 BMW's equity in the amount of $58,820.57; and,
b.) Plaintiff was deprived of the value of the x5 BMW in excess of the above amount,
approximately $129.179.43.
COUNT FIVE-CIVIL CONSPIRACY
(JOSEPH E. RIAD V. V ANNIPA SMITH AND ANDREW ALEXIS)
71. Plaintiff incorporates by reference paragraphs 1 through 70 of this Complaint as if fully
set forth herein.
72. Ms. Smith and Mr. Alexis conspired to commit the above referenced torts against
Plaintiff detailed in Counts One, Two, Three and Five of this Complaint.
73. Plaintiff suffered harm as a result of Ms. Smith's misrepresentation as follows:
a.) Plaintiff was deprived of the cashier's check in the amount of $58,820.57;
b.) Plaintiff was deprived of the value of the x5 BMW in excess of the above amount,
which upon information and belief is approximately $188,000.00.
74. Defendants' conduct was intentional, as they used Plaintiffs cashier's check in order to
ultimately gain sale proceeds of the x5 BMW.
75. Defendant Smith acted with "actual malice" or her conduct was "outrageous" because,
a.) Defendants acts constituted criminal offenses under both state and federal law;
b.) Congress found the harm caused by such conduct sufficient to warrant up to thirty
years in federal prison, 18 US. C. 1344(2);
c.) Ms. Smith's fraud was not an isolated act, as
12
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 18 of 36
i.) she again committed bank fraud, 18 USC 1344(2), defrauding Plaintiff of
$141,935.00 approximately ten days later;
ii.) threatened the destruction or retention of Plaintiffs passport, knowing
Plaintiff was an international businessman; and,
iii.) upon information and belief, has defrauded others of money, such as Vincent
Zheng.
d.) Ms. Smith has continuously promised to repay Plaintiff, but has failed to make
restitution as of the date of this Complaint.
76. Plaintiff suffered harm as a result of Ms. Smith's conversion as follows:
a.) Plaintiff was deprived of the x5 BMW's equity in the amount of $58,820.57; and,
b.) Plaintiff was deprived of the value of the x5 BMW in excess of the above amount,
approximately $129,179.43.
COUNT SIX-UNJUST ENRICHMENT
(JOSEPH E. RIAD V. V ANNIPA SMITH AND ANDREW ALEXIS)
77. Plaintiff incorporates by reference paragraphs 1 through 76 of this Complaint as if fully
set forth herein.
78. Prior to the date of the unjust enrichment, Defendant Smith and Defendant Alexis had
entered into a conspiracy.
79. Ms. Smith obtained the benefit of the x5 BMW ($58,820.57) and the profits of its sale,
$129, 179.43, when Plaintiff entrusted Ms. Smith with a cashier's check for the purchase of said
BMW.
80. Ms. Smith has appreciated the benefit of the value of the above referenced BMW and
profit derived therefore, as she has retained the proceeds from its sale to the Chinese buyer.
81. Acceptance and retention of the sale proceeds, that upon information and belief, are
valued at $188,000, would be inequitable for Ms. Smith to retain without payment of value to
Plaintiff.
WHEREFORE, Plaintiff demands judgment, jointly and severally, against Defendants Smith
and Alexis, for causes alleged in COUNTS ONE through COUNTS SIX, as follows:
13
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 19 of 36
A. For a constructive trust, in the amount of $188,000.00, plus interest,
B. For compensatory and restitutionary damages, in the amount of $188,000.00,
plus interest;
C. For treble damages;
D. For punitive damages; and,
E. For any and all other relief deemed just and proper including declaratory and
injunctive relief.
COUNT SEVEN-CONVERSION (MONEY)
(JOSEPH E. RIAD V. BMW, SILVER SPRINGS, ANDREW ALEXIS)
82. Plaintiff incorporates by reference paragraphs 1 through 81 of this Complaint as if fully
set forth herein.
83. Mr. Alexis exercised dominion and control over Plaintiffs money by accepting the funds
of the cashier's check on behalf of BMW.
84. Mr. Alexis was aware that the funds were the property of Plaintiff and not the property of
Ms. Smith and Ms. Andujar-Rivera.
85. Mr. Alexis didn't have Plaintiffs' authorization or permission to except said funds for
Ms. Smith and Ms. Andujar-Rivera's acquisition of the x5 BMW.
86. At the time of the conversion alleged above, an agency relationship existed between
Defendant BMW and Defendant Alexis because, Mr. Alexis manifested his consent (by an
employment or sales agreement as well as in fact, by working as a sales agent) to BMW to,
a.) act on behalf of BMW (i.e. sell BMW s ); and,
b.) be subject to the control of BMW (i.e. sell BMWs within the agreed "maxium
resale price").
87. Defendant BMW is a "master", as it is the principal who employs an "agent" to perform
services (sales transactions ofBMWs) in BMWs affairs (retail sale of BMWs).
14
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 20 of 36
88. Defendant Alexis is the "servant" of Defendant BMW, as he is employed by BMW, as a
sales agent, to perform services (sales transactions of BMWs) in BMWs affairs (retail sale of
BMWs).
89. Defendant Alexis was acting within the scope of his employment when he transferred the
x5 (purchased with Plaintiffs cashier's check) into Ms. Andujar-Rivera's name.
90. Plaintiff suffered harm as a result of the conversion as follows:
a.) Plaintiff was deprived of the cashier's check in the amount of $58,820.57; and,
b.) Plaintiff was deprived of the value of the x5 BMW in excess of the above amount,
approximately $129.179.43.
91. Mr. Alexis acted with "actual malice" or his conduct was "outrageous" because,
a.) he knew that his acts would deprive Plaintiff of his money because title to the x5
BMW was placed in a party other than Plaintiff; and,
b.) upon information and belief, he acted for the purpose ofreceiving a "kick-back"
of $750.00.
COUNT EIGHT-CONVERSION (MONEY)
(JOSEPH E. RIAD V. BMW, SILVER SPRINGS AND MICHAEL FASTMAN)
92. Plaintiff incorporates by reference paragraphs 1 through 91 of this Complaint as if fully
set forth herein.
93. BMW exercised dominion and control over Plaintiffs money by receiving the funds on
July 23, 2012.
94. Plaintiff informed Mr. Fastman of the unauthorized use of his funds on or after July 23,
2012.
95. Plaintiff demanded Mr. Fastman return his funds or their equity in another x5 BMW.
96. Mr. Fastman refused to return the funds or provide Plaintiff with their equity in another
x5BMW.
15
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 21 of 36
97. Upon information and belief, Mr. Fastman subverted Plaintiffs attempt at legal recourse
by soliciting the aid of the local police department in covering up the crime.
98. At the time of Mr. Fastman's acts alleged above, an agency relationship existed between
Defendant BMW and Defendant Fastman because, Mr. Fastman manifested his consent (by an
employment) to BMW to,
a.) act on behalf of BMW (i.e. management); and,
b.) be subject to the control of BMW.
99. Defendant BMW is a "master'', as it is the principal who employs an "agent" to perform
services (management of BMWs) in BMWs affairs (retail sale of BMWs).
100. Defendant Fastman is the "servant" of Defendant BMW, as he is employed by BMW, as
a sales agent, to perform services (sales transactions of BMWs) in BMWs affairs (retail sale of
BMWs).
101. Defendant Fastman was acting within the scope of his employment when he refused to
return Plainitiff s money or replace the converted x5 BMW.
102. Defendant Fastman was acting within the scope of his employment when he solicited the
aforementioned cover-up and thereby aided BMW in its conversion of the money and Ms. Smith
in her conversion of the equity and vehicle.
103. Plaintiff suffered harm as a result of Mr. Fastman conduct as follows:
a.) Plaintiff was deprived of his right to return of the funds in the amount of
$58,820.57; and,
b.) Plaintiff was deprived of the value of the x5 BMW in excess of the above amount,
approximately $129,179.43.
104. Mr. Fastman acted with "actual malice" or his conduct was "outrageous" because,
a.) he knew that BMW had no legal interest in the money fraudulently obtained;
b.) he covered up the crimes; and,
16
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 22 of 36
c.) upon information and belief, he did or had in the past received some form of kick-
back from one or more of the participants.
WHEREFORE, Plaintiff demands judgment, jointly and severally, against Defendants Alexis,
Fastman and Tischer d/b/a BMW, Silver Springs, as follows:
A. For compensatory damages, in the amount of $58,820.57, plus interest;
B. For punitive damages;
C. For any and all other relief deemed just and proper including declaratory and
injunctive relief.
Respectfully submitted,
17
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 23 of 36
EXHIBIT A
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 24 of 36
AFFIDAVIT OF JOSEPH RIAD
JOSEPH RIAD, being duly sworn according to law upon his oath, deposes and says:
1. I am a resident of the State of Pennsylvania with a primary residence in
Nottingham, Pennsylvania.
2. I also have a residence in Kennett Square, Pennsylvania.
3. Ms. Vannipa Smith has been to Pennsylvania to negotiate transactions, ask for
loans or offer business proposals (that I denied) approximately forty times within
the past year.
XS BMW Deal:
4. Shortly before July 18, 2012, Ms. Smith contacted me and asked if she could
meet me in Pennsylvania to discuss a car sale.
5. I met with Ms. Smith shortly thereafter and she informed me that her contact at
BMW Silver Springs was selling an x5 BMW for $5,000.00 below sticker price.
6. She offered to purchase the car on my behalf ifl would give her a cashier's check
made out to Silver Springs. She further stated that she would drive the car back
to my Nottingham residence within the week.
7. I agreed to this and entrusted the check to Vanni pa while we were in
Pennsylvania. I also entrusted her with my passport so that she had the necessary
information for the title.
8. I trusted Vannipa at this time as we had worked on numerous transactions prior to
this and to my knowledge she had never stolen from me before this transaction.
9. I also trusted Vannipa because she was an elder woman and was friends with my
acquaintances, Rudy Williams and Joline Wang, whom I had known for over ten
years.
10. After my check posted to my bank (July 23, 2012) account and Vannipa still
hadn't returned.with my car, I began to call her and the dealership.
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 25 of 36
Mr. Alexis and Mr. Fastman of BMW:
11. I ultimately discovered from the sales associate, Andrew Alexis, that Vannipa had
used my money to transfer title to a "signer's" name (Luzulenia Andujar-Rivera)
and sell the x5 to China for a profit.
12. Mr. Alexis represented to me that he had been paid a commission from Vannipa
as well as the dealership and that the x5 was sold for $188,000.00.
13. Mr. Alexis told me he knew who I was and that the car put in Ms. Andujar-
Rivera's name had been purchased with my cashier's check. He then went on to
tell me that he "thought" I would be "ok" with the car being placed in some
woman's name whom I had never met.
14. I explained to him that I had never authorized the vehicle to be put in any other
person's name or to be exported or sold to China.
15. Mr. Alexis apologized but told me he couldn't help me.
16. I also spoke with the BMW manager, Michael Fastman. Michael Fastman looked
into the matter and disclosed to me that the vehicle bought with my check had
been placed in the name of a woman, Luzulenia Andujar-Rivera. Mr. Fastman
told me the dealership would not give me another car or my money back; he
advised me to contact an attorney if I was dissatisfied.
17. I called the Avondale State Police and Silver Springs municipal police to report
the unlawful disposition of funds and bank fraud.
18. While I was physically present in Mr. Fastman's office at the BMW dealership,
he called the Silver Springs police, spoke with a supervisor who he seemed to be
familiar with and effectively asked him to cover up the issue. His exact words, to
the best of my recollection were as follows: BMW has it handled, we don't want
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 26 of 36
the issues permeating outside of BMW and there's no need for a police
investigation.
19. I was subsequently informed that the issue was a "civil matter".
Calls to Vannipa:
20. Around this time I also learned that Vannipa had convinced a business associate
of mine, Nick Lee Wang, to wire $139, 193.00 into her business account. It is my
understanding that this was done by falsely representing to Nick that she was my
partner and had my permission to accept funds on my behalf.
21. The statement was an absurd lie, however, Nick had trusted her and wired
$139,193.00 of my money into her account. This occurred approximately ten days
after I entrusted her with my cashier's check and passport.
22. I further was informed that another individual, Vincent (he is a friend of Mr. Lee
Wang) was accusing her of theft of $70,000.00.
23. Accordingly, at this time I began to get a clear picture of the individual I was
dealing with. I called, text and emailed her demanding return of the money she
had stolen from me.
24. In the beginning she tried to calm me by telling me an emergency had occurred
overseas and she was there handling a family matter. When this stopped working
she also threatened to destroy my passport, which she knows I need for
international business, ifl didn't let the money go. My passport is very important
to me as it has the visas I got to travel on it and it would be a process to get that
all redone. I contacted Avondale State Police to complaint and they told me to
report it lost or stolen and "simply" get a new one.
25. I was contacted by one of her disgruntled employees, Evelyn, who I heard wasn't
paid. Whatever the truth as to that was, Evelyn was upset with Vannipa and
wanted to show me that she was a liar. So at a time when I was informed by
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 27 of 36
Vannipa that she was overseas taking care of a sick sister with cancer, I drove
down to Vannipa's restaurant in Virginia (upon Evelyn's information) and found
Vannipa at the restaurant.
26. I confronted Vannipa and told her I believed that she was a fraudster and a liar.
She was shocked that I had found her out and wrote a confession and guarantee to
repay me my money and return my passport.
Dissipation of Funds:
27. Vannipa has not returned me the money from this fraud/conversion nor has she
returned my $139,193.00 that she had wired into her business account.
28. Vanni pa has continuously threatened to wire all of my money overseas if I did not
give her "time" to repay me. She told me she currently was hiding most of her
assets over seas (from the IRS) and it wouldn't be hard to move the remainder of
mine (apparently some are already overseas) to Asia.
29. Around March of this year, I called Vannipa while I was in DCNa and asked
when she would return the money she had stolen from me. She told me that I
needed to be more patient or I would never get my money back.
30. She than shifted to a "nice" voice and told me if I would invest in her "massage"
parlor, perhaps I would get my money back quicker. She indicated that she would
even "pay" me in interest with "free massages" from the "young girls". My
current attorney, my legal advisor Garry Williams and my CPA Greg were in the
car and heard most or all of said conversation.
31. I am a Christian man and am horrified that this woman has not only stolen my
money, send portions of it overseas to hide my money from the IRS (as it might
be confused with her assets) and may have used some of this money (collectively
over $300,000.00) to fund a massage parlor.
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 28 of 36
32. I implore the Court to consider the harm, as the Defendants own statements
clearly evidence that portions of my money are either being sent to a foreign
country or to an extent, enabling this woman to fund a "massage parlor". I am
more than happy to put up a bond if the Court would keep my hard earned money
safe from this woman and her activities.
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 29 of 36
Deponent states that the above statements are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Sworn & Subscribed before me on this
May,2013.
\\ day of
~ j , \ 5 1 0 91 ~
Notary Public
NOTARIAL SEAL
TINA J MAGANA
Notary Public
NEW GARDEN TWP, CHESTER CNTV
My commission Expires May 23, 2013
L.S.
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 30 of 36
EXHIBITB
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 31 of 36
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Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 32 of 36
EXHIBIT C
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 33 of 36
CERTIFICATE OF TITLE FOR A VEHICLE
KEEP IN SAFE PLACE - ANY ALTERATION OR ERASURE VOIDS THIS TITLE
THE DEPARTMENT OF MOTOR VEHICLES, COMMONWEA_LJH OF VIRGINIA, HEREBY CERTIFIES THAT AN APPLICATION FOR A CERTIFICATE OF TITLE HAS BEEN MADE FOR THE VEHICLE DESCRIBED
HEREON PURSUANT TO THE PROVISIONS OF THE MOTOR VEHICLE LAWS OF THIS COMMONWEALTH, THAT THE APPLICANT NAMED ON THE FACE HEREON HAS BEEN DULY RECORDED AS
THE LAWFUL OWNER OF SAID VEHICLE, AND THAT, FROM THE STATEMENTS OF THE OWNER AND THE RECORDS ON FILE WITH THIS DEPARTMENT, THE HEREON DESCRIBED VEHICLE IS
SUBJECT TO THE SECURITY INTEREST RECORDS ON FILE WITH THIS DEPARTMENT, AND AS DESCRIBED HEREON, IF ANY. THE MOTOR VEHICLE LAWS OF THIS COMMONWEALTH ALSO PROVIDE
THAT All TITLE AND REGISTRATION INFORMATION IN THE OFFICE OF THE DEPARTMENT OF MOTOR VEHICLES IS PRIVILEGED AND ONLY SUBJECT TO DISSEMINATION TO AUTHORIZED
AGENCIES, BUSINESS ORGANIZATIONS OR AGENTS, GOVERNMENTAL ENTITIES AND INDIVIDUALS UNDER THE CONDITIONS SPECIFIED BY MOTOR VEHICLE CODE SECTIONS 46.2-208, 46.2-209
AND 46.2-210.
'VEHICLt' IOENTlf!ICATION NO. . . ' . . YEAR . . MAKE
. .
EMPTY WGT. GROSS WGT. GVWR GCWR
3_9_Q_Q __ --------
OTHER PERTINENT DATA
0$ _____ . ______ ,. _____ .
Name(s) and address(es) of vehicle owners:
ANDUJAR-RIVERA,LUZELENIA
631 N RIPLEY ST
ALEXANDRIA VA 22304-2715
AXLES FUEL SALES TAX PAID:
ODOMETER BRAND PRIOR TITLE NO.
ACTUAL
THIS IS NOT A TITLE NUMBER
A Federal and State law requires that you state the mileage in connection with the transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment.
The undersigned hereby certifies that the vehicle described in this title has been transferred to the following (printed name and address of Buyer(s)).
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9 Buyer(s) Name------------------------------------------------------1
5! St(eet -------------------------City, State, ZiP--------------------------1

> w _. _._. -'-"-----'-'-- ---- ----------SALE PRICE -----------!
m 13 ODOMETER READING I certify to the best of my knowledge that the odometer reading is the actual mileage of the vehicle unless one of the following statements is checked:
DATE OF SALE
z: (No Tenths) D 1. The mileage stated is in excess of its mechanical limits. D 2. The odometer reading is not the actual mileage. WARNING-ODOMETER DISCREPANCY.
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j::: > Signature of Seller(s)
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i!i Signature of Buyer( s)
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I am aware of the above odometer certification made by the Seller( s)
I am aware of the above odometer certification made by the Seller(s)
JJ. DETACH HERE JJ.
Printed Name of Seller(s) ----------------------1
Printed Name of Buyer(s)
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 34 of 36
EXHIBITD
Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 35 of 36
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Case 2:13-cv-02696-MMB Document 1 Filed 05/17/13 Page 36 of 36