Preview
FILED: NEW YORK COUNTY CLERK 10/21/2019 05:05 PM INDEX NO. 656346/2018
NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 10/21/2019
Exhibit “A”
FILED: NEW YORK COUNTY CLERK 10/16/2019
10/21/2019 12:09
05:05 PM INDEX NO. 656346/2018
NYSCEF DOC. NO. 213
230 RECEIVED NYSCEF: 10/18/2019
10/21/2019
s«reme 8o««t
4 ete stateq‰ ga
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JAMES DAVIS II and MEDISALES, INC., SUBPOENA DUCES TECUM FOR
BANK RECORDS
PLAINTIFFS,
Index No. 656346/2018
-against-
RICHMOND CAPITAL GROUP, LLC, INFLUX
CAPITAL GROUP, LLC, GTR SOURCE, LLC,
ADDY SOURCE, LLC, YES CAPITAL FUNDING
GROUP, LLC, JONATHAN BRAUN, MICHELLE
GREGG, TZVI REICH, ROBERT GIARDINA,
BRYAN BAKER, REBAR CAPITAL, LLC, AZRIEL
INZELBUCH, TSVI DAVIS
DEFENDANTS.
THE PEOPLE OF THE STATE OF NEW YORK
TO: PNC Bank
Firstside Center
P7-PFSC
500 First Avenue
Pittsburgh, PA 15219
YOU ARE COMMANDED, that all business and excuses being laid aside, you are to deliver to
30t¹¹
Grimble & LoGuidice, PLLC, by the day of October 2019 complete and accurate copies of
the following items by electronic delivery (PDF) for the following entities (hereinafter referred
to as the "Defendants"):
• RICHMOND CAPITAL LLC
GROUP,
• INFLUX CAPITAL LLC
GROUP,
• GTR SOURCE, LLC (
• ADDY SOURCE, LLC
• JONATHAN BRAUN (
• MICHELLE GREGG
• TZVI REICH )
• ROBERT GIARDINA (
• BRYAN BAKER
Please electronically deliver the requested records to
RML@erimblelaw.com
by October 30. 2019
1 of 5
.. . INDEX NO. 656346/2018
FILED: NEW YORK COUNTY CLERK 10/16/2019
10/21/2019 05:05
12:09 PM
NYSCEF DOC. NO. 213
230 RECEIVED NYSCEF: 10/18/2019
10/21/2019
s«peme Gou« 4 the state 4‰ ga
• TSVI DAVIS (
Retained copies of alldocuments relating to banking transactions, for the period from September
2017 through today's date, for the following Defendants including but not limited to:
1. All documents pertaining to all open or closed checking, savings, or other deposit or
checking accounts in the name of, for the benefit of, or under the control of the
Defendants, including but not limited to:
a. Signature cards
b. Corporate board authorization minutes or partnership resolutions
c. Bank statements
d. Canceled checks
e. Deposit tickets
f.Items deposited
g. Credit and debit memos
h. Form 1099, 1089, or back-up withholding documents
i.Other Documents (bank checks, credit memos, cash out tickets, wires out, etc.,)
f. Correspondence files, including but not limited to:
i.Letters to the bank
ii.Letters from the bank
iii.Notes, memoranda, etc.to the file
2. All documents pertaining to open or closed bank loans or mortgage documents, reflecting
loans made to, cosigned by, or made for the benefit of the Defendants, including but not
limited to:
a. Loan applications
b. Corporate board authorization minutes or partnership resolutions
c. Loan ledger sheets
d. Documents (checks, debit memos, cash in tickets, wires in, etc.,)reflecting the
means by which loan repayments were made
e. Documents (bank checks, credit memos, cash out tickets, wires out, etc.,)
reflecting disbursement of the loan proceeds f. Loan correspondence files,
including but not limited to:
i.Letters to the bank
ii.Letters from the bank
iii.
Notes, memoranda, etc.to the file
g. Collateral agreements and documents
h. Credit reports
i.Financial statements
j.Notes or other instruments reflecting the obligation to pay
k. Real estate mortgages, chattel mortgages or other security instruments for loans
1. Forms 1099, 1089 or back-up withholding documents
Please electronically deliver the requested records to
RML@grimblelaw.com
by October 30. 2019
2 of 5
FILED: NEW YORK COUNTY CLERK 10/16/2019
10/21/2019 12:09
05:05 PM INDEX NO. 656346/2018
NYSCEF DOC. NO. 213
230 RECEIVED NYSCEF: 10/18/2019
10/21/2019
s«r- Go«« 4 de state
q ‰ goa
Go««* 4 ‰ tod
-
m. Loan amortization statements
3. All documents pertaining to Certificates of Deposit purchased or redeemed by or for the
benefit of the Defendants,, including but not limited to:
a. Copies of the certificates
b. Corporate board authorization minutes or partnership resolutions
c. Documents (checks, debit memos, cash receipts, wire transfers documents,
etc.,) reflecting the means by which the CD was purchased
d. Retained copies of documents (bank checks, credit memos, wire transfer
documents, etc.,)reflecting disbursements of the proceeds of any negotiated CD
e. Records reflecting interest earned, withdrawn or reinvested
f. Records reflecting roll-overs
g. Forms 1099, 1089 or back-up withholding documents
4. All documents pertaining to open or closed investment or security custodian accounts in
the name of, for the benefit of, or under the control of the Defendants, including but not
limited to:
a. Documents (check, debit memos, cash receipts, wire transfer documents, etc.,)
reflecting the means by which the securities were purchased
b. Retained copies of documents (bank checks, credit memos, wire transfer
documents, etc.,)reflecting disbursement of the proceeds of any negotiated
securities
c. Confirmation slips
d. Monthly statements
e. Payment receipts
f. Safekeeping records and logs
g. Receipts for receipt or delivery of securities
h. Forms 1099, 1089 or back-up withholding documents
5. Bank correspondence files.
6. All documents pertaining to all Cashier's, Manager's, or Money Orders purchased or
negotiated by or on behalf of the Defendants, including but not limited to:
a. Documents (checks, debit memos, cash in tickets, wires in,etc.,) reflecting the
means by which the checks or money orders were purchased
b. Documents (bank checks, credit memos, cash out tickets, wires out, etc.,)
reflecting disbursements of the proceeds of any negotiated checks or money
orders
c. Applications for purchase of checks or money orders
d. Retained copies of negotiated checks or money orders
Please electronically deliver the requested records to
RML@grimblelaw.co_m
by October 30. 2019
3 of 5
FILED: NEW YORK COUNTY CLERK 10/16/2019
10/21/2019 12:09
05:05 PM INDEX NO. 656346/2018
NYSCEF DOC. NO. 213
230 RECEIVED NYSCEF: 10/18/2019
10/21/2019
s«pume Go«« 4 rAe state q‰gs
5. All documents pertaining to wire transfers sent or received by or on behalf of the Defendants,
including but not limited to:
a. Fed Wire, CHIPS, SWIFT, or other money transfer of message documents
b. Documents (checks, debit memos, cash in tickets, wires in,etc.,) reflecting the
source of the funds wired out or in
c. Documents (bank checks, credit memos, cash out tickets, wires out, etc.,)
reflecting the ultimate disposition within the bank of the funds wired in or out
d. Notes, memoranda or other writings pertaining to the sending or receipt of
wire transfer
6. All documents pertaining to current or expired safe deposit box rentals in the name of, for
the benefit of, or under the control of the Defendants.
7. All documents pertaining to open or closed bank credit cards in the name of, for the
benefit of, or under the control of the Defendants, including but not limited to:
a. Applications for credit
b. Corporate board authorization minutes or partnership resolutions
c. Retained copies of credit reports
d. Monthly statements
e. Financial statements
f. Charge tickets g. Documents (check, debit memos, cash receipts, wire transfer
documents, etc.,)reflecting payments on the account
8. All documents relating to the Defendants, formation, including but not limited to:
a. Articles of incorporation
b. By laws
c. Minute books
d. Stock books
e. Stock transfer records
f.Annual reports filed with the state of incorporation
g. Member Ledgers
9. All documents below including but not limited to:
a. Annual financial statements, including but not limited to:
i Balance sheets
ii Statements of Operations (Profit & Loss Statements)
Please electronically deliver the requested records to
RML@grimblelaw.com
by October 30. 2019
4 of 5
FILED: NEW YORK COUNTY CLERK 10/16/2019
10/21/2019 12:09
05:05 PM INDEX NO. 656346/2018
NYSCEF DOC. NO. 213
230 RECEIVED NYSCEF: 10/18/2019
10/21/2019
iiiAnnual filings with the SEC or other federal or state agencies or
regulatory bodies
c. Federal and state income tax returns and quarterly estimated tax returns
e. Any Periodic reports required to be filed by the SEC, FTC or other regulatory
body.
The reason this disclosure is necessary is to prove the causes of action against Defendants
including, but not limited, to breach of the Racketeer Influenced and Corrupt Organizations Act
and violations of General Business Law §130, §133, §301, and §349.
Dated: New York, New York
October 10, 2019
R Edice, Esq.
Grimble & LoGuidice, PLLC
Attorneys for Plaintiffs
217 Broadway, Suite 304
New York, NY 10007
212-349-0450
RML@grimblelaw.com
Please electronically deliver the requested records to
RML@grimblelaw.com
by October 30, 2019
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 10/21/2019 05:05 PM INDEX NO. 656346/2018 NYSCEF DOC. NO. 230 RECEIVED NYSCEF: 10/21/2019 Exhibit “A” FILED: NEW YORK COUNTY CLERK 10/16/2019 10/21/2019 12:09 05:05 PM INDEX NO. 656346/2018 NYSCEF DOC. NO. 213 230 RECEIVED NYSCEF: 10/18/2019 10/21/2019 s«reme 8o««t 4 ete stateq‰ ga SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JAMES DAVIS II and MEDISALES, INC., SUBPOENA DUCES TECUM FOR BANK RECORDS PLAINTIFFS, Index No. 656346/2018 -against- RICHMOND CAPITAL GROUP, LLC, INFLUX CAPITAL GROUP, LLC, GTR SOURCE, LLC, ADDY SOURCE, LLC, YES CAPITAL FUNDING GROUP, LLC, JONATHAN BRAUN, MICHELLE GREGG, TZVI REICH, ROBERT GIARDINA, BRYAN BAKER, REBAR CAPITAL, LLC, AZRIEL INZELBUCH, TSVI DAVIS DEFENDANTS. THE PEOPLE OF THE STATE OF NEW YORK TO: PNC Bank Firstside Center P7-PFSC 500 First Avenue Pittsburgh, PA 15219 YOU ARE COMMANDED, that all business and excuses being laid aside, you are to deliver to 30t¹¹ Grimble & LoGuidice, PLLC, by the day of October 2019 complete and accurate copies of the following items by electronic delivery (PDF) for the following entities (hereinafter referred to as the "Defendants"): • RICHMOND CAPITAL LLC GROUP, • INFLUX CAPITAL LLC GROUP, • GTR SOURCE, LLC ( • ADDY SOURCE, LLC • JONATHAN BRAUN ( • MICHELLE GREGG • TZVI REICH ) • ROBERT GIARDINA ( • BRYAN BAKER Please electronically deliver the requested records to RML@erimblelaw.com by October 30. 2019 1 of 5 .. . INDEX NO. 656346/2018 FILED: NEW YORK COUNTY CLERK 10/16/2019 10/21/2019 05:05 12:09 PM NYSCEF DOC. NO. 213 230 RECEIVED NYSCEF: 10/18/2019 10/21/2019 s«peme Gou« 4 the state 4‰ ga • TSVI DAVIS ( Retained copies of alldocuments relating to banking transactions, for the period from September 2017 through today's date, for the following Defendants including but not limited to: 1. All documents pertaining to all open or closed checking, savings, or other deposit or checking accounts in the name of, for the benefit of, or under the control of the Defendants, including but not limited to: a. Signature cards b. Corporate board authorization minutes or partnership resolutions c. Bank statements d. Canceled checks e. Deposit tickets f.Items deposited g. Credit and debit memos h. Form 1099, 1089, or back-up withholding documents i.Other Documents (bank checks, credit memos, cash out tickets, wires out, etc.,) f. Correspondence files, including but not limited to: i.Letters to the bank ii.Letters from the bank iii.Notes, memoranda, etc.to the file 2. All documents pertaining to open or closed bank loans or mortgage documents, reflecting loans made to, cosigned by, or made for the benefit of the Defendants, including but not limited to: a. Loan applications b. Corporate board authorization minutes or partnership resolutions c. Loan ledger sheets d. Documents (checks, debit memos, cash in tickets, wires in, etc.,)reflecting the means by which loan repayments were made e. Documents (bank checks, credit memos, cash out tickets, wires out, etc.,) reflecting disbursement of the loan proceeds f. Loan correspondence files, including but not limited to: i.Letters to the bank ii.Letters from the bank iii. Notes, memoranda, etc.to the file g. Collateral agreements and documents h. Credit reports i.Financial statements j.Notes or other instruments reflecting the obligation to pay k. Real estate mortgages, chattel mortgages or other security instruments for loans 1. Forms 1099, 1089 or back-up withholding documents Please electronically deliver the requested records to RML@grimblelaw.com by October 30. 2019 2 of 5 FILED: NEW YORK COUNTY CLERK 10/16/2019 10/21/2019 12:09 05:05 PM INDEX NO. 656346/2018 NYSCEF DOC. NO. 213 230 RECEIVED NYSCEF: 10/18/2019 10/21/2019 s«r- Go«« 4 de state q ‰ goa Go««* 4 ‰ tod - m. Loan amortization statements 3. All documents pertaining to Certificates of Deposit purchased or redeemed by or for the benefit of the Defendants,, including but not limited to: a. Copies of the certificates b. Corporate board authorization minutes or partnership resolutions c. Documents (checks, debit memos, cash receipts, wire transfers documents, etc.,) reflecting the means by which the CD was purchased d. Retained copies of documents (bank checks, credit memos, wire transfer documents, etc.,)reflecting disbursements of the proceeds of any negotiated CD e. Records reflecting interest earned, withdrawn or reinvested f. Records reflecting roll-overs g. Forms 1099, 1089 or back-up withholding documents 4. All documents pertaining to open or closed investment or security custodian accounts in the name of, for the benefit of, or under the control of the Defendants, including but not limited to: a. Documents (check, debit memos, cash receipts, wire transfer documents, etc.,) reflecting the means by which the securities were purchased b. Retained copies of documents (bank checks, credit memos, wire transfer documents, etc.,)reflecting disbursement of the proceeds of any negotiated securities c. Confirmation slips d. Monthly statements e. Payment receipts f. Safekeeping records and logs g. Receipts for receipt or delivery of securities h. Forms 1099, 1089 or back-up withholding documents 5. Bank correspondence files. 6. All documents pertaining to all Cashier's, Manager's, or Money Orders purchased or negotiated by or on behalf of the Defendants, including but not limited to: a. Documents (checks, debit memos, cash in tickets, wires in,etc.,) reflecting the means by which the checks or money orders were purchased b. Documents (bank checks, credit memos, cash out tickets, wires out, etc.,) reflecting disbursements of the proceeds of any negotiated checks or money orders c. Applications for purchase of checks or money orders d. Retained copies of negotiated checks or money orders Please electronically deliver the requested records to RML@grimblelaw.co_m by October 30. 2019 3 of 5 FILED: NEW YORK COUNTY CLERK 10/16/2019 10/21/2019 12:09 05:05 PM INDEX NO. 656346/2018 NYSCEF DOC. NO. 213 230 RECEIVED NYSCEF: 10/18/2019 10/21/2019 s«pume Go«« 4 rAe state q‰gs 5. All documents pertaining to wire transfers sent or received by or on behalf of the Defendants, including but not limited to: a. Fed Wire, CHIPS, SWIFT, or other money transfer of message documents b. Documents (checks, debit memos, cash in tickets, wires in,etc.,) reflecting the source of the funds wired out or in c. Documents (bank checks, credit memos, cash out tickets, wires out, etc.,) reflecting the ultimate disposition within the bank of the funds wired in or out d. Notes, memoranda or other writings pertaining to the sending or receipt of wire transfer 6. All documents pertaining to current or expired safe deposit box rentals in the name of, for the benefit of, or under the control of the Defendants. 7. All documents pertaining to open or closed bank credit cards in the name of, for the benefit of, or under the control of the Defendants, including but not limited to: a. Applications for credit b. Corporate board authorization minutes or partnership resolutions c. Retained copies of credit reports d. Monthly statements e. Financial statements f. Charge tickets g. Documents (check, debit memos, cash receipts, wire transfer documents, etc.,)reflecting payments on the account 8. All documents relating to the Defendants, formation, including but not limited to: a. Articles of incorporation b. By laws c. Minute books d. Stock books e. Stock transfer records f.Annual reports filed with the state of incorporation g. Member Ledgers 9. All documents below including but not limited to: a. Annual financial statements, including but not limited to: i Balance sheets ii Statements of Operations (Profit & Loss Statements) Please electronically deliver the requested records to RML@grimblelaw.com by October 30. 2019 4 of 5 FILED: NEW YORK COUNTY CLERK 10/16/2019 10/21/2019 12:09 05:05 PM INDEX NO. 656346/2018 NYSCEF DOC. NO. 213 230 RECEIVED NYSCEF: 10/18/2019 10/21/2019 iiiAnnual filings with the SEC or other federal or state agencies or regulatory bodies c. Federal and state income tax returns and quarterly estimated tax returns e. Any Periodic reports required to be filed by the SEC, FTC or other regulatory body. The reason this disclosure is necessary is to prove the causes of action against Defendants including, but not limited, to breach of the Racketeer Influenced and Corrupt Organizations Act and violations of General Business Law §130, §133, §301, and §349. Dated: New York, New York October 10, 2019 R Edice, Esq. Grimble & LoGuidice, PLLC Attorneys for Plaintiffs 217 Broadway, Suite 304 New York, NY 10007 212-349-0450 RML@grimblelaw.com Please electronically deliver the requested records to RML@grimblelaw.com by October 30, 2019 5 of 5