UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
__________________________________
PHILLIP S. STENGER, not in his
individual capacity but as the court
appointed receiver for the interests of Case No. 00-C-5740
Michael Gause, Charles Richard Homa and
D. Dean Pearson in all C4T related entities, Judge Gottschall
Plaintiff, FIRST AMENDED COMPLAINT
& JURY DEMAND
v
BANK OF BERMUDA, LTD., BANK OF
BERMUDA (CAYMAN), LTD., and
BERMUDA TRUST (CAYMAN) LTD.
Defendants.
Douglas W. Van Essen 90785000 David H. Braff
Lee T. Silver 90784999 Brian T. Frawley
Jeff A. Moyer 90785020 Nicholas A. Marsh
Susan M. Beavers 90785070 SULLIVAN & CROMWELL
STENGER & STENGER, P.C. 125 Broad Street
4095 Embassy Drive, S.E. New York, New York 10004
Grand Rapids, MI 49546 (212) 558-4000
(616) 940-1190 Paula E. Litt
SCHOPF & WEISS
312 West Randolph Street
Suite 300
Chicago, Illinois 60606
(312) 701-9300
PHILLIP S. STENGER, not in his individual capacity but as the court appointed receiver
for all of Charles Richard Homa, D. Dean Pearson and Michael Gause's assets, including
interests in C4T related entities, by and through his attorneys, Stenger & Stenger, P.C., complain
of the Defendants as follows:
PARTIES
SNIPPETS:
BANK OF BERMUDA, LTD., BANK OF
BERMUDA TRUST (CAYMAN) LTD.
PHILLIP S. STENGER, not in his individual capacity but as the court appointed receiver
for all of Charles Richard Homa, D. Dean Pearson and Michael Gause's assets, including
District Court for the Northern District of Illinois, at the request of the United States
Property for the benefit of investors.
beneficial interest in C4T related enterprises of Michael Gause including but not
(All aforementioned companies and other marketing companies for which Mr.
Stenger is subsequently appointed Receiver which participated in the conduct of the C4T
business activities and/or the marketing of C4T related investments are hereinafter
Defendants BANK OF BERMUDA,
Homa is a resident of Atlanta, Georgia and the founder and owner of a business
enterprise called "Cash 4 Titles", which operated exclusively in the United States
transactions were promissory notes or bonds issued for investments by second and third tier
Homa, Gause and other marketers including BB and BBCI representatives, investor/lenders
BBCI bank accounts to be used in receiving investor funds and facilitating inter-bank
the same time assisting in the perpetuation of the Ponzi Scheme,
Florida, California and South Carolina.
business constituting the actions complained of occurred within the state of Illinois,
operated, in part, a legitimate business with annual capital needs of up to one million United
The success of the GMTMS, however, depended upon Homa's and Gause's
the Plaintiff requests that this Honorable Court award actual damages
consistent with the proofs submitted at trial, interest, costs and attorneys fees,
Phillip S. Stenger repeats as if fully set forth herein his allegations in Paragraphs 1
notes and bonds in excess of tens of millions of United States dollars plus interest.
dispose of assets constituting receivership property, for the benefit of C4T investors, in
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