Of course, who will talk about the old days?
And no, I am not one of them. I am just one of them who has faced death threats in publicising this case.
http://pub159.ezboard.com/fdiligizerfrm3.showMessage?topicID=186.topicSubject: VIZANTIA-EXCLUSIVE vs. PAUL K. BRYAN et al.
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http://www.paradfirm.com/united_states_district.htmIN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
No. 00-71800
Judge Bernard A. Friedman
Magistrate Judge
Virginia M. Morgan
VIZANTIA-EXCLUSIVE, Ltd.,
a foreign corporation,
Plaintiff,
vs.
KRISTAR, INC., a Michigan corporation,
EYELAND TRADERS, LTD., a foreign corporation
SPECIAL AIR OPERATIONS GROUP,
INC., a Colorado corporation, DAVID B.
CHRISTENSON, individually and as
President of EYELAND TRADERS, LTD. and
KRISTAR, INC. and Financial Director of
SPECIAL AIR OPERATIONS GROUP, INC.,
PAUL K. BRYAN, individually and as President
and CEO of EYELAND TRADERS, LTD. and
SPECIAL AIR OPERATIONS GROUP, INC., and
GORDON NEIL FREESE, individually and
as CFO of EYELAND TRADERS, LTD. and
SPECIAL AIR OPERATIONS GROUP, INC.,
Defendants.
SECOND AMENDED COMPLAINT
Plaintiff, VIZANTIA-EXCLUSIVE, LTD. (hereinafter "Vizantia"), by its attorneys, PARAD LAW OFFICES, P.C., complains of the Defendants, KRISTAR, INC. (hereinafter "Kristar"), DAVID B. CHRISTENSON (hereinafter "Christenson"), PAUL K. BRYAN, individually and d/b/a SPECIAL AIR OPERATIONS GROUP, INC. ("SAOG"); BRYAN GROUP INTERNATIONAL (“BGI”) and EYELAND TRADERS, LTD. ("ETL") hereinafter cumulatively called "Bryan"; ETL; GORDON NEIL FREESE ("Freese"); and unknown U.S. government co-conspirators, as follows:
JURISDICTION AND VENUE
1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. Sec. 1331 and 28 U.S.C. Sec. 1332, the matter involves parties of diverse citizenship and amount in controversy exceeds $75,000.00, exclusive of interest and costs.
2. This Court has personal jurisdiction over the Defendants. The claims asserted arise from the Defendants' transaction of business within the state or the performance of a contract connected to the state.
3. Venue is proper in this district under 28 U.S.C. 1391(a)(1) and (2). The defendants reside in this district or a substantial part of the events giving rise to the claim occurred, or a substantial part of the property that is subject of the action is situated, in this district.
PARTIES
1. At all times pertinent hereto, Plaintiff, VIZANTIA, was a corporation duly organized under the laws of and doing business in the Russian Federation from its principal place of business in Moscow, Russia.
2. Defendant Paul K. Bryan (formerly Lyle Edward Goeringer), individually and d/b/a the Rapid Emergency Air Response, Inc. (a defunct Colorado corporation hereinafter called “REAR”); Special Air Operations Group, Inc. (a defunct Colorado corporation) hereinafter called “SAOG’; EyeLand Traders, Ltd., an offshore corporation registered in Antigua, West Indies, hereinafter called “ETL”; an offshore bank Bryan Bank International registered in Antigua, West Indies; and Bryan Group International (a Texas sole proprietorship) hereinafter called “BGI”; resides in Dallas, Texas.
3. Defendant Bryan became an alter ego of each of his legal entities, or shell companies, by being their sole shareholder, CEO, Treasurer, Secretary, employee, accountant, registered agent, typist, caused to pay no corporate income taxes for each of the entities, paid no personal income taxes, and used his home as the principal place of business.
4. Defendant ETL set up with the Plaintiff’s seed money was transformed into BGI being solely owned and established by Bryan in Dallas, Texas, in 1998 as an assumed name company.
5. Defendant ETL under the directorship of Bryan became a Commitment Holder for 18 governments, purchaser of gold for the U.S. Treasury and a manager of $160 to $211 Billion in private funds.
Exhibit A, EyeLand Traders, Ltd. Summary of October 15, 1997.
6 Defendant Christenson, individually and d/b/a Tristar, Inc. (a defunct Michigan corporation) and Kristar, Inc. (a defunct Michigan corporation), resides in Dexter, Michigan.
7. Defendant Christenson became an alter ego of his firm Kristar, a shell company, by being its sole shareholder, CEO, Treasurer, Secretary, employee, accountant, registered agent, typist, paid no corporate income taxes, and used his home as the principal place of business.
8. Defendant Freese, individually and d/b/a Consolidated Trade & Commerce, Ltd., a Panama corporation, and First Berkeley Capital Corporation, Inc. (a Texas corporation) resides in Houston, Texas.
9. Defendants Bryan, CIA Director of Operations who personally knows three U.S. Presidents, and his subordinate Christenson worked for the CIA and the Presidential Committee (comprising past U.S. Presidents and government officials) at all times pertinent hereto.
10. Unknown U.S. government officials associated with Bryan’s enterprise, who promoted Bryan, put him in charge of global financial operations, confirmed Bryan’s affiliation with the CIA in response to his background inquiries, blocked victims’ complaints about Bryan’s illegal actions, concealed his felony convictions and psychiatric records, shared the profits with him, and otherwise conspired with the Bryan’s enterprise in executing its fraudulent racketeering schemes by providing it with logistical, technical, financial, legal, personal, official and geopolitical support.
COUNT I – FIDUCIARY AND COMMON FRAUD
1. Defendant Christenson promised false high-yield returns to Plaintiff’s intermediary Ruslan Sharif, d/b/a Golden Channels, Dubai, United Emirates, and to Plaintiff’s CEO, Svyatoslav V. Moskalev (“Moskalev”), in his facsimile and telephone communications to them.
2. Based on the fraudulent assurances made in writing and orally at the meeting by both Bryan and Christenson, Plaintiff agreed to invest $.3 Million into the promised high-yield secret programs.
3. Christenson reported to his superior Bryan about the forthcoming Plaintiff’s funds and Bryan opened his offshore firm ETL in Antigua and ETL’s offshore bank account with $2,500.
4. Christenson and Bryan with his assistant Teresa Ann Maestro conducted a two-day investment-explanation meeting with the Plaintiff’s CEO and his colleague in Ypsilanti, Michigan, on or about September 26, 1996.
5. After the two-day meeting ending on or about September 26, 1996, the Plaintiff, by and through its president, Moskalev, signed the one-year "Agreement for Asset Management Program" (hereinafter "Agreement") believing that Bryan and Christensosn acting as a team both have signed that Agreement, which they prepared and typed. Exhibit B, Agreement.
6. Pursuant to the Christenson’s fax of September 29, 1996, containing Bryan-provided bank-coordinates instructions, Plaintiff unconditionally S.W.I.F.T. wired three hundred thousand dollars (US $300,000.00) into the ETL’s account No. 90165615 in the European Union Bank, St. John's, Antigua, which was opened on September 17, 1996.
7. Bryan received the Plaintiff’s money on September 29, 1996, and spent it as he deemed fit, since Christenson was not the ETL account signatory.
8. Bryan had no other cash funds available to him for the ETL operations at that period of time, except the Plaintiff’s money.
9. The Defendants, including Defendant Freese who reported to Christenson as a member of the Bryan’s team, made false oral and written representations to Plaintiff by fax and phone that its funds were leveraged and profitably used in Bryan’s managed transactions involving, inter alia,:
(a) Repatriation of 1928-1934 Series U.S. Federal Reserve Notes from the Southeast Asia;
(b) Sale of Three Hundred and Twenty Trillion (320,000,000,000,000 IRR) Iranian Rials (at a rate of 4,200 IRR for One U.S. Dollar) held in the Bryan’s account No. 0017-903873-001 at the Bangkok Bank (Bangkok, Thailand), pursuant to a 50/50 profit splitting agreement signed by Bryan with the Thailand’s Royal Family;
(c) Fifty Billion Brazilian Rials (R$ 50,000,000,000.00) held in Banco do Brazil, San Paolo, Brazil (transaction code FC: 05199701-BRR issued May 19, 1997) and exchanged for U.S. dollars (ETL Account No. 1822149173, BankOne, Dallas, Texas);
(d) 212 Million of non-current 1982/88 Series Argentinean Pesos redeemed for One Hundred Eighty Million and Two Hundred Thousand Dollars ($180,200,000.00); etc.
10. Plaintiff could not verify the veracity of the Defendants’ reports, because the Defendants stated that the government-level transactions and high-yield programs were shrouded in secrecy and no public records would be available to Plaintiff for confirmation thereof.
11. Christenson advised Plaintiff in 1998 that he made no investments of Plaintiff’s funds and Bryan misinformed him as to the reported transactions, which only Bryan knew about.
12. Freese communicated with both Bryan and Christenson by phone and fax, and became a representative of Bryan’s firms ETL and SAOG empowered to open bank accounts, negotiate, enter into agreements and otherwise conduct business affairs on behalf of Bryan’s firms.
13. Plaintiff requested each Defendant to provide the accounting and return of its principal and revenues generated thereon, but received nothing to date.
14. Plaintiff sent its money to Bryan’s ETL account, solely controlled by Bryan, pursuant to Bryan’s and Christenson’s instructions and ETL investment program participation identified in that Agreement.
15. Bryan’s total financial control over the Plaintiff’s money created a fiduciary duty on his part and Christenson’s promises to manage Plaintiff’s funds created a fiduciary duty on Christenson’s part.
16. Defendants breached their fiduciary duty to Plaintiff and knowingly, falsely and maliciously:
(a) Misrepresented to the Plaintiff that Plaintiff will receive funds after one year as stated in the Agreement;
(b) Misrepresented to the Plaintiff that the bank statements will be provided to Plaintiff;
(c) Induced Plaintiff to surrender his funds for the Defendants' exclusive control and use;
(d) Concealed the identity of the ownership of ETL, the parties and actual transactions in which the Plaintiff's fundswere used;
(e) Failed to open an account "in Trust benefit of Vizantia-Exclusive, Ltd. ("Funder")" or otherwise to set up a distinct account for the Plaintiff, pursuant to the terms of Agreement;
(f) Converted the Plaintiff's funds for their own purposes; and
(g) Deliberately entered into a scheme to defraud Plaintiff.
17. Plaintiff did rely upon the Defendants' information, which was material and false, entered into a fiduciary relationship with the Defendants and entrusted them with its funds, and Plaintiff's reliance on Defendants’ representations allowed them to retain custody and control of Plaintiff's money from 1996 to present.
18. As a result of the Defendants' fraudulent misrepresentations, Plaintiff has suffered damages in that Plaintiff has lost its principal amount of $.3 Million, which according to the Defendants' disclosures (a) has generated more than fifty two million dollars ($52,000,000) from 1996 to present; (b) was used as seed money for ETL, which became a manager of $211 billion in private and government funds, purchaser of gold and platinum for the U.S. Treasury, Commitment Holder for the U.S. and 18 foreign governments; plus Plaintiff lost business opportunities, gains, interest, and other recognized pecuniary benefits.
WHEREFORE, Plaintiff prays for judgment against the Defendants KRISTAR, CHRISTENSON, FREESE, ETL transformed into BGI, BRYAN and their U.S. government co-conspirators, jointly and severally, in the sum equal to one half of the ETL profits or at least fifty two million dollars ($52,000,000.00), together with profits, gains, interest, and other recognized pecuniary benefits lost by the Plaintiff plus costs of this action.
COUNT II - Racketeer Influenced and Corrupt Organization Act 1-14.
The Plaintiff restates and re-alleges paragraphs 1-14 of Count I as if the same were set forth herein as Paragraphs 1-14 of this Count II.
15. The fraudulent schemes of the Bryan racketeering enterprise comprise the defrauding of individuals and companies by inducing them into oral and written contracts, establishing fiduciary relationship with them, and then misappropriating their services, money or paper assets. Exhibit C (Affidavit of Walter K Schumacher) and Exhibit D (Affidavit of Sharen L. Stewart).
16. The Bryan’s enterprise intimidated the victims of said fraud schemes by death threats and invoking their CIA-based authority and prevented the inquiries as to actual transactions by shrouding them in secrecy hurting the inquirers and forcing the victims to abandon their claim to commission or service compensation, or investment in the high-yield trading programs.
17. The enterprise ringleader Defendant Bryan, the Director of Operations of the CIA reporting to the CIA Director, set up a series of teams seeking investment opportunities worldwide and working on a commission basis or pursuant to their CIA assignments.
18. Defendant Bryan widely distributes his resumes stating that he worked for the intelligence services and now purchases gold for the U.S. government, uses offshore entities for high-yield investment programs and financial opportunities, and that he is a manager of $335 Billion (d/b/a “BGI”) of private and government funds.
19. Defendant Christenson admitted that Defendant Bryan recruited him to work on the CIA fund-raising and special situation financial transactions, and that he in fact became one of the Bryan’s team soldiers.
20. Defendant Christenson reported to Defendant Bryan as his team, and recruited Defendant Freese to assist Christenson in completing said transactions.
21. Defendant Bryan with the help of his government co-conspirators intimidated and defrauded its intermediaries, garnered the commission-free all of the monetary funds of investors, and fees for implementing currency exchange (stabilization) programs, and pocketed paper assets, which were gathered by and through these teams.
22. Bryan’s enterprise systematically dissolves its firms almost every year to block the racketeering victims’ pursuit of legal remedies.
23. The Defendants operated via a series of shell or dummy corporations having no employees, offices, paying no taxes, or producing anything and having only one purpose to induce the unsuspected victims into agreements and then convert the victim’s money, services or assets.
24. The patterns of the Defendants’ racketeering schemes (inducing the victims into a fiduciary relationship under a guise of Asset Management Agreements, commission or other type of service agreements with subsequent theft of funds or paper assets) are exemplified as follows:
(1) North Korean Bank Guarantees valued $4,645 Billion - Theft of Paper Assets
1. Defendants Bryan and Christenson falsely promised extremely high-yield returns on investments in their secret government programs to Helmut Otto Schramm (Schramm), CEO of the humanitarian organization UNIMO GmbH, Dresden, Germany, who acted as an intermediary for the North Korean government humanitarian programs backed by the government’s bank guarantees.
2. On January 12, 1996, Christenson and Bryan signed an Asset Management Agreement between SAOG and Christenson, d/b/a Kristar, Inc. as Program Consultant, and between REAR and Christenson, Program Consultant.
3. These agreements established a financial basis for payment by Bryan of Christenson’s fees for assisting Bryan in trading programs (under Transaction Code # 15-1396-100112-04), which would use a Funder’s assets given to Bryan’s firms SAOG and REAR to generate the yield of minimum four percent (4%) per week.
4. On or about January 14, 1996, Schramm signed an Irrevocable Agreement to Fund the REAR until March 1, 2004, Irrevocable Assignment of Bank Guarantees assigned to his firm UNIMO GmbH and the REAR, Asset Management Agreement and Fee Disbursement Schedule, and faxed them to Bryan residing at that time in Denver, Colorado.
5. Pursuant to these Agreements signed by Bryan, Schramm and North Korean government officials turned over on January 24, 1996, the eight (8) original Bank Guarantees issued and honored by the Foreign Trade Bank of the Democratic Peoples Republic of Korea (DPRK) to Volksas Bank, Johannesburg, South Africa, which gave the Safekeeping Receipt DPR001 to Christenson as a representative of SAOG.
6. These eight Bank Guarantees (BGs) having a market value of Four Billion Six Hundred Forty Five Million USD ($4,645,000,000.00) and the Safekeeping Receipt DPR001 came under exclusive control of Bryan for obtaining cash credit lines by pledging the BGs as a collateral, using the funds in trading programs and otherwise profiting from these financial assets.
7. Christenson advised Schramm by fax that Bryan under false pretenses stole the safekeeping receipt and Christenson repeated the story given to Plaintiff that Christenson cannot help the victim because Bryan is responsible for the asset theft.
8. Schramm requested (directly and through his accountant Reinhard Winkler, Tauberbischofsheim, Germany, and his interpreter Valentin C. Duarte of Germany) Bryan either to pay Schramm the promised returns on the BG investment or return the BGs.
9. Bryan refused to return the BGs, faxed to Schramm false assurances and paid nothing to Schramm, transaction intermediaries and Korean government.
10. Bryan and Christenson used the same Asset Management Agreement terms as the Agreement signed with the Plaintiff, defrauded the Funder-victim and converted the victim’s assets for their own use and financial benefit.
(2) Plaintiff’s $.3 Million Investment - Theft of Funds
Christenson and Bryan induced Plaintiff to surrender its funds ($.3 Million) under a guise of high-yield secret government programs, conspired with their co-conspirators to split and use the Plaintiff’s funds to their own and ETL’s benefit, and paid Plaintiff nothing after a series of false promises.
(3) PRC’s $3,124 Million Investment - Theft of Funds
1. In 1999, Bryan and his associates T.J. Miller of Dallas, Texas, and Debra Aragon, San Jose, California, convinced Sharen L. Stewart, CEO of Prime Resources Consulting, LLC (“PRC”), Paradise Valley, Arizona, that Bryan was the Master Commitment Holder (Master Trader) for the United States and for 14 other countries and he did generate high yields for his clients.
2. Bryan assured PRC in telephone and email communications that he was present at G-7 and G-9 governmental meetings as one of the main presidential advisors and he worked for the CIA, the Company.
3. Bryan promised to generate returns in the $27 billion dollar range in a year’s time.
4. On March 9, 2000, PRC and Bryan, acting as Director and Trade Manager of his firm BGI, signed the final draft of the Exclusive Trade Management Agreement in Dallas, Texas, and Bryan, thus, entered into a fiduciary relationship with PRC.
5. Pursuant to Bryan’s instructions, PRC transferred on a two-day basis $3,124,000.00 to Tareco, Inc. account # 31 000 6240, owned by Bryan’s associate T.J. Miller, for further benefit of Bryan’s BGI account kept in the same The Oaks Bank & Trust Co., Dallas, Texas.
6. Bryan never placed PRC funds into a trading house pursuant to the Agreement, but rather used them for his own and his co-conspirators’ benefit.
7. Upon PRC’s request to show the results of trading or return the funds, Bryan failed to return them and then disappeared.
8. Bryan conspired with his government co-conspirators to defraud the PRC and violated the fiduciary’s duty imposed by the Management Agreement by pocketing the PRC’s $3,124,000.00.
(4) Slavyany Bank’s Bills of Exchange- Conversion of Instruments and Money
1. Bryan and Christenson made false promises of high-yield returns on investments in their secret government trading programs to the Bulgarian government needed the funds for its humanitarian needs.
2. On August 27, 1996, Christenson signed an Asset Management Agreement (Transaction code: 15-082796/ESK-100) with ELMAZ 24 Consortium, the Funder of the Asset Management Program benefiting the Bulgarian government, on the terms identical to the Plaintiff’s agreement. 3. Pursuant to this Agreement, the Consortium transferred by mail the Bills of Exchange with a face value of $100 Million to Christenson for deposit in the account of Bryan’s firm SAOG in the Colorado National Bank. 4. Bryan received these financial instruments issued by the Slavyany Bank, Sofia, Bulgaria, and at least $30,000.00 in cash extracted from the Bulgarians under false promises. 5. Bryan converted and never returned these Bills of Exchange and money to the Bulgarian company in spite of their requests.
(5) Makarska’s Certificates of Deposit – Conversion of Financial Instruments.
1. On September 2, 1997, Bryan d/b/a SAOG asserting to be Commitment Holder, Buyer and Seller of precious metals, financial instruments and corporate debentures, entered into a Joint Venture Agreement with Jean-Louis Vidalo, Brive, France, who relying on Bryan’s false promises gave Bryan his Power of Attorney to use three Certificates of Deposit for $30 Million as a collateral to obtain cash credit lines and subsequent investment into trading programs.
2. Vidalo wire transferred these CDs issued by the Novacredi Bank, Brazil, for the Makarska, S.A., a Uruguayan mining company, which deposited $30 million in that bank for a four-year period and assigned its rights to the CDs to Vidalo.
3. Bryan converted these financial instruments obtained under false promises through his associates and used the CDs for obtaining cash credit lines or otherwise for his own and his government co-conspirators’ benefit.
4. Bryan never returned the CDs and paid nothing to the CD owner.
(6) Debentures of The William Mackenzie Trust- Conversion of financial instruments
1. Bryan and Christenson promised high returns from their programs to George R. Dabbs, Baton Rouge, Louisiana, a trustee of The William Mackenzie Trust, who intended to receive a cash credit line against the Trust’s debenture in order to buy and sell certain negotiable instruments or “enter one of your programs or David’s programs”.
2. On behalf of the Trust, Dabbs entered into agreement with Christenson to invest the Trust’s Gold Debentures and set up an offshore corporation for the income flowing from that investment.
3. Pursuant to Christenson’s request, Dabbs sent by the U.S. mail the Debenture and Gold Delivery Certificate No. WMT No. WMT81744101, a 10-year subordinated, assignable and convertible (to cash or gold bullion) debenture for the principal amount of $100 million, on or about February 18, 1997, to Paul K. Bryan, Director of SAOG, for his examination.
4. Dabbs received a letter of February 27, 1997 from David C. Christenson stating that Mr. Bryan was pleased with Dabbs’ package and Bryan will provide a potential/estimated yield, which could be obtained.
5. In July of 1997, Dabbs was still asking Bryan to set up an offshore corporation to accumulate the promised income and provided the relevant information.
6. In spite of numerous requests to either return the debenture or send Dabbs the revenue generated by pledging these debentures, Bryan gave the Trust nothing.
7. Bryan, Christenson and their co-conspirators converted these $100 million debentures for their own use, gave false assurances to the Trust by mail, fax and telephone communications and pocketed these financial assets under false pretenses.
(7) Drivers Olmstead and Sagmoen - Conversion of $.143 Million in Drivers’ Services.
1. In September of 1997 Bryan, individually and as the CEO of SAOG, entered into a service agreement with Todd Olmstead and Edward Sagmoen, limousine drivers in Denver, Colorado.
2. These limousine drivers relying on Bryan’s false promises of agreed payment have fulfilled heir obligations under said agreement. Bryan gave false assurances to the drivers via telephone, email and fax communications and paid them nothing in spite of the drivers’ numerous requests to pay for their services as the parties agreed.
3. The drivers filed suit and obtained a judgment against Bryan in the combined sum of $143,000.00, which accrued now to more than $180,000.00.
4. Bryan, who told Todd Olmstead that he was working for the CIA and his boss was George Tenet, the CIA Director, with Bryan’s co-conspirators acted in concert to convert the services of and did defraud the drivers.
(8) Lender Heini Demmer- Conversion of $6 Million
1. Bryan made false promises of one-month 100% return to HEINRICH DEMMER, individually and d/b/a HEINI DEMMER SAFARIS (“Demmer”), through his associates Adolph Kuenzl, Vienna, Austria, and Walter Schumacher, Pompano Beach, Florida.
2. Relying on these false promises and verification of Bryan’s high-ranking position in the CIA, Demmer wired $2,000,000.00
to Bryan’s SAOG account in the Colorado National Bank.
3. Bryan, entered into a Security Agreement on September 12, 1997, to secure Demmer’s interest in the four million dollar ($4,000,000.00) debt.
4. Bryan executed a PROMISSORY NOTE CPN NO./97-2 on September 12, 1997, promising to pay Demmer four million dollars ($4,000,000.00) on October 15,1997, without offset, protest or delay of any nature, and to pay reasonable attorney’s fees.
5. On November 15, 1997, Defendant Bryan executed a COMMUNIQUE and AMENDMENT of PROMISSORY NOTE ref. Code CPN. No./97-2 and irrevocably conceded that he “will instantly and independently honor my obligation and return the full investment plus all the agreed profits/bonus from my other account and sources,” and that besides the initial agreed profit of $2,000,000.00, he will pay to Demmer “the additional profit amount of $2,000,000.00 (two million U.S. Dollars)” by no later than November 28, 1997.
6. Bryan signed this AMENDMENT as individual and as Director of SAOG and assured Demmer that “the funds agreed to be paid by myself and my corporation.”
7. Bryan acknowledged the receipt of “all funds” on September 22, 1997, communicated false assurances to Demmer by fax and telephone through 1998, and then disappeared.
8. In spite of Demmer’s numerous requests to Bryan to pay the promised $6,000,000.00, Bryan refused to pay and is refusing to pay any money to Demmer.
9. Bryan and his government co-conspirators acted in concert to divert, conceal and convert the Demmer’s funds for their own use and benefit.
(9) 320 Trillion Iranian Rials (IRR) valued $106 Billion - Theft of cash notes
1. On or about 1996, Defendants Bryan and Christenson with their U.S. government co-conspirators, by and through their Thailand government intermediaries, diverted three Iraqi ships from their course and stole 320 Trillion Iranian Rials ($106 Billion) carried by these cargo ships.
2. The Iranian Rials (IRR) initially stored in hangars at the U.S. Navy base in Thailand were deposited into the Bryan’s SAOG account (transaction code FC: 081596-IRR) at the Bangkok Bank, Thailand.
3. The Defendant Bryan became the legal owner of the IRR currency, entered into a 50/50 profit-sharing contract with Thailand’s Royal Family and similar contracts with the Government of Free Vietnam and China, and sold the IRR as his own.
4. Bryan and his government co-conspirators never returned the IRR currency or paid any compensation to the currency owners.
(10) Prince Hadji- Conversion of 16 Argentine (valued 12 Million) Pesos Cash Notes
1. In March of 1997, Bryan requested Prince Hadji of North Borneo to give his sixteen (16) Argentine Peso cash notes to Bryan under a false promise of “sample evaluation” and payment within four days or return of the notes, if the exchange is not consummated.
2. On March 21, 1997, at Westin Plaza Hotel, Manila, Philippines, Norman Dennis Schuermann (Bryan’s crew member) received from Prince Hadji (Rajah of North Borneo) 16 Non-current 82/88 Series Argentine Peso Bank Notes for their prior-to-payment authentication with the understanding that the notes will be returned undamaged if they are not paid for in a transaction to be consummated within four days.
3. Bryan received these 16 notes (having a face value of 12 Million Argentine Pesos), which Mr. Schuermann sent to another crew member Robert A. Killion, who forwarded them to Defendant Bryan by Federal Express.
4. On May 16, 1997, Prince Hadji (Hadji Mohd Al-Alsagof Van Eldik) sent a final written demand requesting Bryan either to pay as agreed or return these notes.
5. On June 6, 1997, Robert A. Killion, a representative of Bryan’s ETL and intermediary in this transaction, faxed to Bryan his demand to return the 16 notes to Killion.
6. Despite Killion’s and Prince’s numerous requests to return these notes, Bryan refused to surrender them or pay the agreed compensation, thereby misappropriating the notes for his own and his government co-conspirators’ use and benefit.
(11) Alf Kuenzl- Conversion of $1 Million in Services
1. In September of 1997, Bryan made a false promise to pay $1 Million to Adolph Kuenzl, Vienna, Austria, for finding an investor who would loan Bryan $2 Million for his enterprise’s currency exchange operations.
2. Bryan proved to Kuenzl that he is in fact is the CIA high-ranking official capable of payment the loan by telling Kuenzl the details of his personal background (including a past minor legal infraction) which only the Austrian government would know.
3. On September 12, 1997, Bryan and SAOG executed an irrevocable fee agreement promising Adolph Kuenzl to pay Kuenzl’s firm Top Aviation Services, Inc. $1,000,000.00 upon receipt of $2,000,000.00 from the lender Heini Demmer, Vienna, Austria.
4. Kuenzl relying on Bryan’s representations facilitated the Heini Demmer’s transfer of $2 million to Bryan and made numerous requests to Bryan to pay said $1 million.
5. Bryan received the Demmer funds in September of 1997 and paid Kuenzl nothing in violation of Bryan’s own written and oral fee protection agreements and assurances.
6. Bryan and his government co-conspirators converted the services of and did defraud the loan transaction intermediary Kuenzl.
(12) Ramona Lee Bryan – Conversion of Assets and Support Payments
Bryan’s ex-wife Ramona Lee Bryan, who financially supported Bryan and became disfigured as a result of the Bryan-arranged attempted murder in 1980 in Colorado, received from Bryan no assets and monthly support payments pursuant to their 1998 divorce decree, or any compensation or support otherwise. Bryan failed to disclose his wealth in their divorce proceedings and refused to pay even $500.00 a month set by the Denver divorce court. Bryan told Ramona that his boss is George Tenet, the CIA Director. Ms. Bryan cannot work now for medical reasons and, consequently, afford litigation against Bryan.
(13) Schumacher, Brady, Killion, Maestro and VaVerka - Conversion of Commissions
Bryan and his government co-conspirators made false promises of payment of transaction commissions to all intermediaries, depleted the intermediaries’ personal assets by forcing them to travel, communicate and develop contacts at their own expense, requested detailed reports, garnished all developed information, used their services, and paid them nothing by alleging that the transaction was not completed, intimidating them by death threats or ignoring the payment pleas. Examples of the enterprise’s fraud and intimidation perpetrated on brokers:
1. In May of 1997, John VaVerka of Santa Monica, California, working as an Argentinean Pesos exchange intermediary received three death threats from Ed Wales, a CIA operative who reported to Robert McCracken, a retired CIA official. When VaVerka complained to McCracken about the threats, McCracken made a telephone conference with Bryan whom he identified as his superior and the CIA Director. Bryan requested VaVerka to prepare a detailed report and walk away from the ARP exchange. VaVerka complied with this request, walked away from this transaction and abandoned his claim to commissions.
2. Walter K. Schumacher of Pompano Beach, Florida, worked for 2.5 years as a member of one of numerous Bryan’s crews. He relied on Bryan’s credentials (verified through many sources) as the CIA Director of Operations and Director of the governmental entities (SAOG and ETL). To prove his CIA position, Bryan told Schumacher about Schumacher’s undercover government activities, which only a few officials in the U.S. government would know. Schumacher applied his best efforts in providing information to and spent all of his assets for Bryan’s enterprise in expectation of promised transaction commissions. Bryan made written and oral promises to pay, gathered all researched data and contacts, but paid him nothing to Schumacher, who could not confirm completion of these transactions due to their secrecy.
3. Peter C. Brady of St. Petersburg, Florida, worked for and used his financial resources to support Bryan’s enterprise for 4.5 years. Bryan confirmed the Bryan-handled completion of 215 Million of Non-current Argentine Pesos and promised to pay Brady his commission of $12.5 Million but paid nothing. Due to the sensitivity of the currency stabilization programs involved in this matter and financial burden associated with the suit against the U.S. government, Brady could not further pursue his claim for commissions.
4. Robert A. Killion of El Cajon, California, worked in 1997 as Bryan’s crew member in the line of his CIA duties. Bryan confirmed orally and by written communications that the Bryan-handled exchange of 215 Million of Non-current Argentine Pesos was finished and promised to pay Killion his commission of $12.5 Million, but paid him nothing. Killion’s cooperation with Christenson, who temporarily replaced Bryan in overseeing the CIA financial operations and became Bryan’s competitor, and Killion’s request for commission payment ensued in a sting operation targeting Killion. The Secret Service raided Killion’s home and illegally seized and destroyed Killion’s laptop and all his business and personal records. When Killion complained to the CIA Security Officer about the unusual punishment, Killion’s security clearance was removed. This resulted in a financial disaster for Killion, a loyal and distinguished Navy Captain, and his family.
5. Teresa Ann Maestro, Morrison, Colorado, worked with Bryan from 1996 through 2000 as his Executive Assistant. Bryan promised her commissions arising from every transaction she worked on within these four years, including one half of the PRC (of Paradise Valley, Arizona) funds. Bryan made false promises to pay Teresa, including a promise to buy a castle and give $1 Billion in cash as a wedding gift. Bryan paid her nothing in connection with the transactions she worked on, including 68 Billion Japanese Yen exchange for USD, 50 Billion Brazilian Rials exchange for the USD, etc.
6. Bryan paid no commissions for services rendered in connection with the exchange of 8 Trillion Japanese Yen ($61 Billion USD) to Bright Grand Investments, Ltd. (7% of the total amount), Cheng Siu Fung (2% of the total amount); Philip J. Hatt ($1 Million), Plantation, Florida; ACC (1%); Robert M. Tonge and Marek A. Hrycak (3%) of Inn Force, Ltd., Gdansk, Poland; and in connection with N. Korean Bank Guarantees (valued $4,645 Billion) to Marina Dreyer of Kingston International Investments, Ltd., Germany, and Edip Ozkan, Amsterdam, Holland.
25. Defendants acted in concert with their U.S. government co-conspirators to extract, divert, conceal and convert the Plaintiff's and other victims’ assets for the conspirators’ own use and benefit.
26. The above-stated actions of the Defendants violate the "Racketeer Influenced and Corrupt Organization Act," 18 U.S.C. Sec. 1961, et seq., in that:
a) Defendants, in pursuit of their scheme and for the purpose of executing that scheme, caused to be delivered various communications by deposit at U.S. Post Offices and delivered through the U.S. mail, in violation of 18 U.S.C. Section 1341;
b) Defendants, in pursuit of their scheme and for the purpose of executing that scheme, caused to be delivered
various communications or effectuated various transactions, by wire, in violation of 18 U.S.C. Section 1343;
c) Defendants, in pursuit of their scheme and for the purpose of executing that scheme, engaged in various transactions, for the purpose of obtaining monies or funds or other assets under the custody or control of financial institutions to which Plaintiff had entrusted its money, in violation of 18 U.S.C. Section 1344;
d) Defendants, in pursuit of their scheme and for the purpose of executing that scheme, engaged in various transactions, employing spurious and fictitious business entities, to transfer, divert and conceal the funds of the Plaintiff, and to facilitate the theft and conversion of those funds, in violation of 18 U.S.C. Section 1956;
e) Defendants, in pursuit of their scheme and for the purpose of executing that scheme threatened and tampered with a witness, Teresa Ann Maestro, in violation of 18 U.S.C. Section 1512;
f) Defendants, in pursuit of their scheme and for the purpose of executing that scheme retaliated against a witness, Teresa Ann Maestro, in violation of 18 U.S.C. Section 1513;
g) Defendants, in pursuit of their scheme and for the purpose of executing that scheme, engaged in various transactions which were subject to the Currency and Foreign Transactions Reporting Act and failed to report said transactions in violation of 31 U.S.C. 5316;
h) Defendants, in pursuit of their scheme and for the purpose of executing that scheme, engaged in a pattern of intimidation and threats against the Plaintiff and its officers and employees.
27. Plaintiff re-alleges the paragraph 18 of Count I as paragraph 27 of this Count II.
WHEREFORE, Plaintiff prays for judgment against the Bryan’s enterprise including Defendants KRISTAR, CHRISTENSON, FREESE, ETL transformed into BGI, BRYAN and their U.S. government co-conspirators, jointly and severally, in the sum equal to one half of the ETL profits or at least fifty two million dollars ($52,000,000.00), together with interest, statutory damages as allowed under R.I.C.O, reasonable attorney's fees, and costs of this action.
COUNT III - CONVERSION
1-14. The Plaintiff restates and re-alleges paragraphs 1-14 of Count I as if the same were set forth herein as Paragraphs 1-14 of this Count III.
15. The Defendants wrongfully exerted their dominion over the money belonging to the Plaintiff by refusing to return the money after Plaintiff's numerous requests for the return of Plaintiff's funds, and thereby have permanently, maliciously and intentionally converted Plaintiff's money to their own use and benefit.
16. Plaintiff re-alleges paragraph 18 of Count I as paragraph 16 of this Count III.
WHEREFORE, Plaintiff prays for judgment against the Bryan’s enterprise including Defendants KRISTAR, CHRISTENSON, FREESE, ETL transformed into BGI, BRYAN and their U.S. government co-conspirators, jointly and severally, in the sum equal to one half of the ETL profits or at least fifty two million dollars ($52,000,000.00), together with profits, gains, interest, and other recognized pecuniary benefits lost by the Plaintiff plus costs of this action.
COUNT IV - STATUTORY CONVERSION
1-14. The Plaintiff restates and re-alleges paragraphs 1-14 of Count I as if the same were set forth herein as Paragraphs 1-14 of this Count I.
15. Defendants FREESE, ETL, KRISTAR, BRYAN and CHRISTENSON concealed the conversion of Plaintiff's property, and knew or should have known that the property belonged to and converted by them from the Plaintiff.
16. The above-stated actions of the Defendants violate Section 2919a of the Revised Judicature Act of 1961.
WHEREFORE, Plaintiff prays for judgment against the Defendants KRISTAR, CHRISTENSON, FREESE, ETL transformed into BGI, BRYAN and their U.S. government co-conspirators, jointly and severally, in the sum equal to one half of the ETL profits or at least fifty two million dollars ($52,000,000.00), plus treble damages, reasonable attorney's fees, and costs of this action.
BORIS PARAD,
One of the Attorneys for Plaintiff
Boris Parad
PARAD LAW OFFICES, P.C.
Attorneys for Plaintiff
4711 Golf Road, Suite 705
Skokie, Illinois 60076
(847) 674-1620
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