Preview
Filing # 193195897 E-Filed 03/04/2024 09:53:02 AM
NINTH JUDICIAL DISTRICT COURT
ORANGE COUNTY, FLORIDA
HAD MICHAEL WALKER, DBA:
ALKER MANAGEMENT AND
ONSULTING SERVICES
Plaintiff, I
Case No:
Dept. No.:
SUPPLIES, LLC., Florida Limited Liability
a
ARBITRATION EXEMPTION
vS CONSULTING GROUP, LLC., a Florida Limited CLAIMED:
Company ACTION FOR DAMAGES AND
LLC., a FLorida Limited Liablity Company DECLARATORY RELIEF
CAN SCIENTIFIC USA, LLC., a Florida Limited
Company
ATH DIAGNOSTIC PARTNERS, LLC. a Florida
Liability Company
HANKINS, OWNER
MONCIO, OWNER
FORD, EMPLOYEE/OWNER
Defendant/s.
VERIFIED COMPLAINT
Plaintiff, Chad M. Walker (hereinafter referred to as "CMW"), sues defendant,
BIOSAFE SUPPLIES, LLC. (ET AL BIOSAFE ET AL), OWNERS, RONALD HANKINS, NADINE
MONICO, and KENNETH FORD (hereinafter referred to as "BIOSAFE ET Alf), and alleges as
follows:
1. This is an action within the jurisdictional limits of this court, exclusive of interest,
costs, and attorney's fees, as well as within the equitable jurisdiction of this Court
relative to the temporary, preliminary and permanent injunctive relief sought
herein.
2. This is an action for breach of contract, tortious interference with beneficial business
relationships, common law misappropriation of propriety and confidential
information, common law unfair competition, unjust enrichment, and conversion,
and injunctive relief related thereto. Plaintiff, CMW, seeks damages and injunctive
relief associated with defendant's deliberate, willful, and fraudulent conduct related
purposely misappropriating plaintiffs business contracts with shippers United
Parcel Services ("UPS") and Federal Express ("FEDEX") in an effort to not only
defraud UPS and FEDEX but also, shipping customers, patients, distributors,
representatives, and UPS and FEDEX to circumvent the agreements in place between
Shippers (UPS and FEDEX), CMW, and BIOSAFE ET AL, and thereafter maliciously
and blatantly stealing said existing shipping customers, distributors and
representatives, and confidential and proprietary information, and using it for its
own benefit, along with stealing trade secrets and confidential and propriety
information, purposely diverting business from plaintiff, deliberately interfering
with beneficial business relationships in existence between shippers (UPS & FEDEX)
and its existing customers of UPS and FEDEX, representatives, customers and clients,
in violation of agreements entered into by defendant, and engaging in wrongful
disparagement and defamation against plaintiff by defendant.
THE PARTIES
1. That at all times material hereto, plaintiff, CMW, was and is a Florida limited liability
company with its principal place of business located at 11452 Brickyard Pond Lane
Windermere, Orange County, Florida. That at all times material hereto, plaintiff,
CMW was and is a medical distribution company engaged in the business of
distributing medical, healthcare, and related products on a national level with a
national distribution base of approximately five hundred representatives (500+)
distributors.
2. That at all times material hereto, CMW entered into an Agreement with
defendant, BIOSAFE ET AL, on or about Feburary 15, 2022, which is attached hereto
and marked as Exhibit A.
3. That at all times materials hereto, BIOSAFE ET AL, was and is a limited
liability corporation organized under the laws of the State of Florida, with its
principal place of business located at 9436 Southridge Park Court Suite 400
Orlando, Florida 32819 and 3201 Dallas Blvd. Orlando, Florida 32833. Its
principal partners Ronald Hankins, CEO, and his wife, Nadine Monico, COO. It
was the principals (HANKINS & MONICO) who engaged in the wrongful conduct
identified herein on behalf of the defendant, BIOSAFE ET AL.
JURISDICTION AND VENUE
1. This Court has personal jurisdiction over the defendant and itsalter -egos, BIOSAFE
ET AL, because it purposely availed itself of the privilege of contracting with plaintiff,
CMW, in Florida; defendant consented to jurisdiction in this forum in its Agreement
entered into with plaintiff, and the exercise of personal jurisdiction over defendant
is reasonable as defendant conducts its business in this forum. BIOSAFE ET AL is
and was at all times relevant a Florida limited liability company authorized to do
business in Orange County, Florida.
2. That attached hereto, marked as Exhibit "A," and incorporated herein by reference,
is the "CMW/BIOSAFE ET AL Master Agreement," (the "Agreemenr), executed by
defendant through its principal, Ronald Hankins, with an effective date of February
15, 2022. Therein, plaintiff, CMW, was appointed under the terms and
conditions of the Agreement as a Distributor of BIOSAFE ET AL products.
3. In the event of a breach of the Agreement, Defendant, BIOSAFE ET AL, claimed
entitlement in the Agreement to all equitable remedies, including but not limited to,
an order of specific performance, and immediate issuance of a temporary restraining
order or a preliminary or permanent injunction without waiving its right to legal
remedies for damages caused by the breach of the Agreement. Reciprocal rights are
therefore available to CMW in the event of a breach by BIOSAFE ET AL with the same
provided remedies.
4. That all conditions precedent to the bringing of this action have been complied
with by plaintiffs.
THE PRESENT CONTROVERYS AND TIMELINE OF EVENTS RELATED TO
WRONGFUL CONDUCT
1. As part of the third-party logistics, kitting, and fulfillment business created by BIOSAFE
ET AL in or around 1998 began the scheme of fraud against shippers UPS and FEDEX
BIOSAFE ET AL quickly realized the fact that shippers UPS and FEDEX provide
competitive shipping discounts off of the published shipper rates and shippers fees
based upon the individual of weekly shipping volumes (subdivided
by shipping categories) along with the total amount of the individual account holders
weekly spend with UPS and/or FEDEX. What is now known after the incident of
1998 RONALD HANKINS, RANDALL WEBB, and KENNETH FORD devised a
scheme and plan to use the rates which they had been presented by their shipping
company representative JIM THAMES (FEDEX Employee Panama City, Florida)
in a scheme to devise a fraudulent business within the kitting and logistics
business as to keep scheme concealed from shippers UPS and FEDEX due to the
restrictions and covenants with the agreement prohibiting BIOSASFE ET AL from
reselling shippers rates and passing along of fees which directly competes with the
shippers business model.
2. The BIOSAFE SHIPPING PROGRAM was born out of a fraud scheme whereby HANKINS,
WEBB, and FORD researched businesses that worked within the shipping industry
that do have contractual ability to resell rates of shippers (EX: WORLDWIDE SHIP).
BIOSAFE ET AL at no time has had the contractual capabilities by either UPS or FEDEX
to resell rates specifically allocated contractually to DIMES, LLC. (as discovery will
reveal).
3. The BIOSAFE SHIPPING PROGRAM is and continues to exist as a fraudulent business
whereby BIOSAFE SUPPLIES LLC and its related companies have routinely (a)
manipulated the representatives at UPS [Sheneal Jones] and FEDEX [James Thames]
to leverage the BIOSAFE SUPPLIES LLC shipper discounts on the DIMES, LLC. Contract
in an effort to allow BIOSAFE SUPPLIES LLC employees and subcontractors to offer
more competitive rates than either the UPS and FEDEX representatives to new
business that had lower shipping volumes that could not be offered by the local UPS
and FEDEX representative. Thames and Jones along with their managers hide the
scheme from corporate due to the fact that BIOSAFE SUPPLIES LLC via the reselling
fraud scheme continued to increase in revenue and package volume size which both
Thames and Jones have benefited for years.
4. BIOSAFE SUPPLIES LLC would utilize the following scheme to obtain rates and fees
from a customer that had been using FEDEX or UPS directly via a contract less
favorable than what BIOSAFE SUPPLIES LLC staff could extend. BIOSAFE SUPPLIES
LLC would require a customer to submit "an average shipping invoice from FEDEX or
UPS that represented an average month of shipping costs and fees being paid by the
customer to either Fed Ex or UPS. BIOSAFE SUPPLIES LLC (HANKINS, WEBB, and
FORD) built a complex spreadsheet whereby current customer rates, fees, and
discounts are input into the BIOSAFE shipping analysis protocol whereby BIOSAFE
staff were able to segment every cost associated with the customer discounts to
provide a complex spreadsheet using the customers actual costs from their respective
shipping bill whereby BIOSAFE SUPPLIES LLC staff would present alternative
discounts and fees (significantly less than those the customer had previously received
via their direct shipper contract with UPS and/or FEDEX directly).
5. BIOSAFE SUPPLIES LLC would normally seekto convertthe customer from one vendor
to the other. If a customer was using FEDEX they would convert to UPS and vice versa
The reason BIOSAFE SUPPLIES LLC would alter customer was to avoid the potential
fallout should UPS and/or FEDEX become aware of the reseller scheme and BIOSAFE
SHIPPING PROGRAM whereby BIOSAFE SUPPLIES LLC would set-up customer with
access to the BIOSAFE SHIPPER ACCOUNTS online using the BIOSAFE SUPPLIES LLC
discounts and rates by logging into the more favorable account for any/all shipment
being made directly from customer location verses the BIOSAFE SUPPLIES LLC
location at 9436 Southridge Park Court, Suite 400, Orlando, Florida 32819.
6. BIOSAFE SUPPLIES LLC would send the customer an access letter to utilize the
BIOSAFE SUPPLIES UPS or FEDEX account to allow customer to use rates lower than
the previous contract direct with the shippers. BIOSAFE SUPLIES LLC would outline
discounts to customers and allow customers to use the online portal whereby each
Tuesday BIOSAFE SUPPLES LLC sends an ACH invoice (in form and fashion to make
the BIOSAFE SHIPPING PROGRAM appear legitimate); when in fact, the invoice sent is
solely from BIOSAFE SUPPLIES L LC via a complex invoice created by HANKINS, WEBB,
and FORD to make the customer feel they were continuing to receive invoices and
services similar to those being provided to them direct with the exception BIOSAFE
SUPPLIES LLC would not require the customers to enter into any contract to receive
the shipping discounts.
7. BIOSAFE SUPPLIES LLC et al profit directly from these reseller relationships by
analyzation of shipper invoices to determine areas whereby BIOSAFE SUPPLIES LLC
contracts with UPS and FEDEX provided discounts and savings greater than the
customers direct shipper contracts. BIOSAFE SUPPLIES LLC would issue arbitrary
discounts to incentivize customers to use BIOSAFE SUPLLIES LLC contract to earn
shipping savings whereby the customer would receive a weekly shipping bill from
BIOSAFE SUPPLIES LLC, BIOSAFE SUPPLIES LLC would pay master bill to FedEx and
UPS directly allowing BIOSAFE SUPPLIES LLC to profit from the margins between the
discounts offered to customer versus the discounts negotiated by BIOSAFE SUPPLIES
LLC (DIMES, LLC.) contract which has grown at an exponential rate in revenue and
discounts giving BIOSAFE SUPPLIES LLC an unfair marketplace advantage.
8. BIOSAFE SUPPLIES LLC would recruit, hire, and train BOTH independent
representatives and W-2 employees whereby BIOSAFE SUPPLIES LLC staff and owners
would incentivize sales personal pay compensating the sales channel partners with
fifteen (15%) percent of the savings between customer rate and BIOSAFE rate which
is paid to representative on the 2nd payroll monthly. (EX: BIOSAFE overnight discount
85%, customer discount for overnight 60% =
25% margin. Should published shipping
rate from UPS and/or FEDEX =
$100.00 then customer would receive an invoice from
BIOSAFE SUPPLIES LLC for a total of $40.00 whereby BIOSAFE (aka DIMES, LLC.)
would only receive an invoice for $15 allowing BIOSAFE (DIMES, LLC.) to earn $25.00
Gross Profit- the sales personnel are then paid 15% of the $25 profit {outlined within
BIOSAFE SUPPLIES LLC Representative Agreements} =
$3.75 paid to sales and $2125
profit kept by BIOSAFE SUPPLIES LLC (DIMES, LLC.). BIOSAFE SUPPLIES has
thousands of shipments weekly whereby this scheme of fraud is perpetuated.
9. In an effort to further hide the scheme from UPS and FEDEX BIOSAFE SUPPLIES LLC
will instruct customers to contact BIOSAFE SUPPLIES LLC should they need any return
labels. The real purpose behind this directive is to falsely inflate the volume of
packages being shipped from BIOSAFE SUPPLIES LLC location at 9436 Southridge
Park Court, Suite 400 Orlando, Florida 32819 when in reality the staff at BIOSAFE
SUPPLIES LLC prints the labels, ships them to the customers, and has the customers
utilize the BIOSAFE SUPPLIES LLC printed labels to generate more revenue for
BIOSAFE SUPPLIES LLC and misleading UPS and FEDEX to give the illusion the labels
are being printed and shipped from BIOSAFE SUPPLIES LLC location when in fact the
scheme is designed to further confuse the shippers (UPS and FEDEX) from the
BIOSAFE SHIPPING PROGRAM while simultaneously creating a scheme of fraud.
10. As part of its business model, plaintiff, CMW, delivers medical products, consumer,
and healthcare related products throughout the United States through a chain
of more than five hundred (500) represenatives, sub -distributors,
remarketers, independent contractors, and employees. That defendant, BIOSAFE ET
AL, agreed in writing to provide its product through CMW's distribution network.
BIOSAFE ET AL was required to do so lawfully and in compliance with all applicable
federal and state laws. BIOSAFE ET AL did not have then, nor does it have now, a
distribution network anywhere near comparable to that possessed by CMW. That,
in fact, CMW has been responsible for, as defendant is aware, 63%, or more, of
the defendant's business, which provided incentive for defendant to try to
circumvent the Agreement and steal the relationships of plaintiff.
11. Defendant, BIOSAFE ET AL, along with Ronald Hankins and Nadine Monico,
continuously violated the Agreement between CMW and BIOSAFE ET AL, attached as
Exhibit A. The timeline below summarizes the events culminating in the present
litigation:
a. December 2021 -
CMW was introduced to BIOSAFE ET AL by MWP
Medical Innovations and owner Mark Philips, which created dialogue
between BIOSAFE ET AL ownership (Ronald Hankins & Nadine
Monico) and CMW.
b. February 2022 -
CMW was presented with the HANKINS
CONSULTING GROUP AGREEMENT (Exhibit "A"), the execution of
which was complete on Febuary 15, 2022. During contract
negotiations, BIOSAFE ET AL explained that the company had very
little business currently throughout the U.S. and was seeking a
partner like CMW that could aid BIOSAFE ET AL in
establishing a footprint throughout the U.S. BIOSAFE ET AL stated
that it would be willing to discuss contract exclusivity based
upon performance, which Ronald Hankins agreed to evaluate quarterly;
CMW made this specific point to the owners of BIOSAFE ET AL to ensure
CMW distributors would not have their respective CMW territory
infringed upon by another BIOSAFE ET AL distributor. BIOSAFE ET AL
explained this would not present a problem and routinely expressed
its desire to work with a single individual (CMW) who provided
the distributor network which could provide national coverage and
sales as its current distribution had done a "very poor job" of
representing the BIOSAFE ET AL product line (these were the exact
words of Ronald Hankins, Nadine Monico, and Ken Ford (VP of Sale
and brother to the owner).
c. February 2022 thru April 2024 -After executing the HCG/ BIOSAFE ET
AL Agreement, CMW began to aggressively market the BIOSAFE ET AL
services to distributors, independent representatives, physicians,
group purchasing organizations (GPO), and Department of Defense
contacts for military MTF's (Military Treatment Facilities) throughout
the U.S. During the period of representation, several issues were
discovered by CMW and its distributors and representatives relating
to, but not limited to, reimbursement, office flow, billing, collections,
and collateral education and marketing materials that could be
distributed to potential customers. CMW routinely and frequently
communicated with BIOSAFE ET AL regarding its verbal
representations about billing and collections related to complaints
presented by the CMW sale force. Contact was routinely had with Ken
Ford Vice-President of Sales, COO, Nadine Monico, CTO Randall Webb,
and Accounting, Jasmine Delgado, VP of Sales, and all were all involved
in various discussions on these subjects. After introducing
the BIOSAFE ET AL technology to over 20 sales professionals
and customers, CMW was able to gain a firm handle on the "issues"
and attempted to work with BIOSAFE ET AL directly to improve
process, education, field support, and billing all in efforts to grow
market share and improve perception by the independent sales
organization. BIOSAFE ET AL ownership could sense the frustrations
growing in the field and scheduled a lunch meeting with CMW at
BIOSAFE SUPPLIES LLC/Chick Fil-A office in November 2022 and
allowed CMW to begin working remotely. The CMW sales force
consists of sophisticated representatives with many years'
experience in the me dic al, surgical, pharmaceutical, and
logistical fields far superior to that previously utilized by
BIOSAFE ET AL. The discussions in January 2023 were centered
around areas of concern, how BIOSAFE ET AL
could improve processes to produce a better outcome and increase
market presence with the BIOSAFE ET AL BIOSAFE SHIPPING
PROGRAM, which BIOSAFE ET AL provided to laboratories, retail
clients, healthcare providers, and others as a scheme to use reduced
billing rates provided to DIMES, LLC. via their direct contracts with
UPS (Account 9RX645) and Fed Ex (Accounts/s 3rd Party 184889170,
OutGoing Freight 518644726, and Care Path
d. January 2023 -
In or about the first week of January 2023, Ronald
Hankins (CEO) meet with CMW at Chick Fil-A to discuss the concerns
expressed since November 2021. During the meeting, most of the
concerns were addressed and action steps outlined by Ronald Hankins
of how BIOSAFE ET AL could improve on-boarding, training,
coding/reimbursement education, and support for offices, and
collateral support materials. After approximately two hours of
discussions, CMW felt better about the future direction of the BIOSAFE
ET AL/CMW relationship and, despite the miscues during the initial
launch of the BIOSAFE ET AL new sales process CMW committed to
continue growing the awareness of BIOSAFE ET AL throughout the
current and growing CMW sales force. During the meeting, CMW
directly inquired as to the overall value CMW had brought to BIOSAFE
ET AL in the short period of time CMW represented the product line.
Ronald Hankins stated that CMW represented and was told that the
customers and sales personal represent a significant business
opportunities to the companies and immediately stated that BIOSAFE
ET AL only had a total of three Distributors; howevei; "if any additional
distribution were added, they will work directly under CMW," as CMW
had clearly demonstrated the ability to grow market presence quickly,
professionally, and nationally.
e. January 2023- CMW continued to grow awareness of the BIOSAFE ET
AL BIOSAFE SHIPPING PROGRAM and introduced an additional 20
plus independent sales professionals to the BIOSAFE ET AL
technology (over 40 total professionals nationally within 14 1/2
months). BIOSAFE ET AL asked if BIOSAFE ET AL could complete the
on-boarding and training process in an effort to have a consistent
message throughout the sales organization in light of the growth of
the representatives. CMW complied with BIOSAFE ET Alls request
and began processing intake data (i.e. BIOSAFE ET AL NDA [Non-
Disclosure Agreements]), requested access to training portal within
BIOSAFE ET AL website through Ken Ford, Jasmine Delgado, Jessica
Ryan, Randall Webb, and others, and gave notification to BIOSAFE ET
AL (Hankins & Monico) training and Webex sessions with the CMW
sales force. The NDAs executed were executed by CMW
representatives that BIOSAFE ET AL eventually tried to or did, in fact,
steal despite knowing full well the representatives had come to
BIOSAFE ET AL directly from CMW. At this particular point in time
there was not any cause for concern on CMW's part as increases
monthly, more new customers began using the technology, and more
representatives would be on-boarded weekly.
f. November 2022 -
Due to the fact that CMW had successfully grown the
BIOSAFE ET AL business each and every month over and above the prior
month for six consecutive months, BIOSAFE ET AL hired Independent
Contractor, Mark Philips, to further increase sales within the CMW
network. Mark Philips was chosen by BIOSAFE ET AL Owners due to his
prior relationship with EXAGEN, INC. (and, Karen Jones) as the owners
of BIOSAFE ET AL (Ron Hankins and Ken Ford) had developed a personal
friendship with Karen Jones and Mark Philips through the CMW
introduction in November 2022. BIOSAFE ET AL explained that Mark's
responsibility was solely to aid the CMW sales force and ownership
in continuing to expand market presence and increase BIOSAFE ET
AL monthly assessments. It is important to note that the BIOSAFE ET
AL business model enabled individual practices to gain access to their
web-based NET SUITE (customer facing portal access) via internet access
on a laptop or tablet device, whereby the client only would monitor
their shipments. Additionally, BIOSAFE SUPPLIES would generate a report
to look as if report were provided by the shipper; whereby, a
breakdown of charges, fees, and services were billed to client from
BIOSAFE SUPPLIES, LLC. and charged each Wednesday via ACH whereby
BIOSAFE charges clients a higher cost for services rendered by UPS and/or
FEDEX yet charged at a higher rate by Alter-ego companies
in order to re-sell rates, profit from shipping, compensate their sales
personal via the "Shipping scheme." Shipping represents the highest
profit area within the company and is NOT permitted by the Alter-ego
companies to re-sell.
g. August 2023 -
Now that CMW had been working with BIOSAFE ET AL
for approximately two years, CMW started to analyze the commission
reports closer as there seemed to be a disturbing trend where each
month's sales revenues were increasing, however, collected revenues
from BIOSAFE ET AL (i.e. commissions) were decreasing. CMW directly
inquired with BIOSAFE ET AL ownership and CTO, Randall Webb, about
this important issue and was told "I only do what I am told to do Chae
In short, despite the fact that CMW was to be paid within (30) days of
each payment, payments were not timely made, but CMW continued to
be a
good partner to BIOSAFE ET AL to allow it to work through its
collection issues.
h. October 2023 -
CMW continued to add new clients to the BIOSAFE
SHIPPING PROGRAM; however, collections continued to be an issue
where BIOSAFE ET AL would state it had not been paid by a particular
office and as a result did not pay CMW the following month. The trend
of the companies have fluctuating operational expenses to divert
commissions by inflating operational expenses to enrich the CEO,
Ronald Hankins, COO, Nadine Monico, and VP of Sales Ken Ford
continued with the on-boarding of EXAGEN, INC. More alarming was
the fact that several distributors and their sales representatives
contacted CMW ownership concerning the behavior of BIOSAFE ET AL,
Vice-President of Sales, Ken Ford. CMW, on more than 10 plus occasions,
received calls, emails, and texts trying to understand why BIOSAFE ET
AL would approach them directly to distribute BIOSAFE ET AL products
and services despite the established CMW NDAs, CMW MDA, and
BIOSAFE ET AL NDAs in place, all executed by the individuals in
question. CMW did since November 2021 supply individual BIOSAFE
ET AL NDAs to Ken Ford & Ronald Hankins to gain login access and to
ensure BIOSAFE ET AL had a "clear and complete" record of groups and
individuals introduced to BIOSAFE ET AL by CMW; (2) several
distributors and their sales representatives were directly approached
by Ken Ford to sell products and services not manufactured or owned
by BIOSAFE ET AL. It is important to note that BIOSAFE ET AL was
clearly aware that not only does CMW represent identical products, but
the same distributors CMW introduced to BIOSAFE ET AL were
representing these products through CMW exclusively. Clearly, Ken
Ford, Ronald Hankins, and Nadine Monico continue attempting to poach
and/or steal the sales force and circumvent CMW directly interfering
with CMW's business in direct contravention of the Agreement entered
into on or about November 14, 2021.
i. January 2024 -
Due to the aforementioned circumstances, the
business relationship became strained as CMW continued to field calls
of frustration from the field due to lack of commission payments.
These facts coupled with the continued deceptive behavior on behalf
of the owners of BIOSAFE ET AL caused a significant amount of
frustration from CMW's perspective. Despite the fact that CMW now
represented in excess of 60% of BIOSAFE ET AL's total business, CMW
was not being paid on time, sales representatives and distributors of
CMW were being directly approached by BIOSAFE ET AL ownership
to directly sell for BIOSAFE ET AL.
j. February 20, 2024 -
During the routinely scheduled 0900 Tuesday Sales
Meeting (in this event on Feb. 20, 2024) which is the weekly company
meeting whereby sales issues, opportunities, problems, changes, etc. are
all opening discussed in a team forum and documented within NET SUITE
(BIOSAFE CMS Operational System). It is also VERY important to note that
this call occurs
remotely (via TEAMS) and is fully recorded to further
enforce the facts, events, and timeline associated with allegations. The
facts reveal that when CMW was asked to identify "sales related" topics
(when called upon) began to outline and explain follow-up and closing
calls with three large clients for the BIOSAFE SHIPPING PROGRAM that
have been discussed in prior Tuesday BIOSAFE meetings for
approximately sixty (60) days. It is also important to note the terms,
conditions, processes, and polices have not been a question, nor had the
company communicated in any way regarding any pending
opportunities, clients, etc. Additionally, CMW contract and compensation
plan has outlined specifically the BIOSAFE SHIPPING PROGRAM. During
the 2.20.2024 CMW began to outline several large potential clients
including comparing the opportunities reflect the EXACT contract and
client EXAGEN, INC. (Located in Sunnyvale, CA.). It is also important to
note that CMW sales Team (Mark Philips & Karen Jones) both have
preexisting contractual relationships with CMW et al prior to executive an
INDEPENDENT CONTRACT AGREEMENT- drafted by CMW as an
employee of BIOSAFE (@ that time). EXAGEN, INC. Is the largest shipping
customer in the history of the BIOSAFE SHIPPING PROGRAM that has
existed in various forms since 1998 (according to VP of Sales Ken Ford) ...
Let the record also demonstrate that EXAGEN, INC. Along with other
clients PLEXUSDX LABS, etc. Represent in excess of $4,000,000 in annual
revenue for BIOSAFE (and what has been discovered itsaffiliates) which
does not include the MEDICARE PART B COVID -19 TESTING program
whereby BIOSAFE generated approx. $1.9M between January thru June
2024 (as the financials will reflect). After being castigated during the
2.20.2024 by BIOSAFE OWNER NADINE MONICO CMW stopped speaking
and (the record will reflect) Ken Ford stated "Chad I will call right after
this" when the 0900 BIOSAFE SALES TEAM call concluded. AT 9:49AM
EST Ken Ford called to explain (during a 12 min dialogue) that UPS had
confronted BIOSAFE about reselling UPS & FEDEX rates to BIOSAFE
customers due to a trip in Ohio approximately (30) days prior whereby
Ken Ford converted a UPS customer, and the UPS representative filed a
complaint against BIOSFE for reselling of rates. Ken Ford further went on
to explain that UPS conducted an investigation "label created location"
(via UPS CAMPUS SHIP) and they concluded BIOSAFE in fact is reselling
rates. CWM was very upset as this information contradicted the
information about the BIOSAFE SHIPPING PROGRAM that has been part
of the employee compensation packet since the first date of employment
with BIOSAFE and subsequently HANKINS CONSULTING. When CMW
stated to NADINE MONICO "why do you continue to feel irs appropriate
to speak in such a condescending tone and fashion? I am kind, polite, and
have continually extended professionalism and kindness!' to which
NADINE MONICO stated "NEVER DO THAT AGAIN" to which CMW
responded "this is VERY problematic for me and appears to be a
sophisticated scheme whereby multiple companies acting as alter-egos
are
deceiving customers, the shipping companies (UPS & FEDEX),
employees, with intent to divert funds not to mention not compensating
their employees "properly" (in form, fashion, or contractually alignment).
The phone was then disconnected (12 min call from 9:49am Est to
(10:02am EST). It also is important to note that following this telephonic
interaction CMW was asked to attend the 1015 BIOSAFE PRODUCTION
MEETING... Let the record also show that CMW had interactions
(telephone, text, and email) with Ronald Hankins (CEO) via email prior
and up through February 7, 2024 expressing concerns over how Pella,
Corp. (another potential client introduced via CMW directly) would
remain compliant to the BIOSAFE SHIPPING PROGRAM (aka DIMES-
which subsequently has revealed an entirely different company (EIN# 81-
1382814) whereby the registered agent is Ronald Hankins (Home
address) 3201 Dallas Blvd. Orlando, FL. 32833 and mailing address is the
BIOSAFE office (Located at: 9436 Southridge Park Court, Suite 400
Orlando, FL. 32819). The importance of the two addresses is also
important to note that they are associated with at least eight (8) different
companies. It is abundantly clear based upon the facts from the time of
CMW employment the dramatic and trackable positive change in revenue
from new customers that helped the owners NADINE MONICO & RONALD
HANKINS stop having to infuse personal funds into the companies to keep
them afloat. Despite enduring a hostile work environment for more than
a year I was enabled to work remotely in March 2022 and have continued
to generate more revenue than ANY other salesperson within the
companies. It is also important to note that it appears that CMW has
continually been misled and deceived about the actual corporate
structure by and between multiple organizations, intermingled credit
accounts, intermingled bank accounts (Example FIFTH THIRD BANK,
N.A.), owners, and assets. It is obvious from the years of Human
Resources records the environment which NADINE MONICO creates
along with the "Kangaro Courewhereby Husband, Wife, Brother all
participate in schemes to unjust enrichment of themselves first and
foremost as the company has had a history of deceptive business practices
does not expire until February 14, 2025). That attached hereto,
marked as Exhibit "A" and incorporated herein is the email and
attachment provided by Ronald Hankins exercising the termination
provision of the Agreement and proposing the Buy-Out under the
"without cause" terms of the Agreement. Per Ronald Hankins's
request, CMW provided a Buy-Out Option to BIOSAFE ET AL. Section V
of the Agreement outlines the "not for cause" termination option
whereby BIOSAFE ET AL would be responsible to pay CMW a
one-time Equitable Termination Payment (ETP) based upon prior
three-month assessment average equal to one year of commissions.
As CMW calculated the payment due, it would be the commission rate
multiplied by the penalty assessment number. The BIOSAFE ET AL
HCG CMW Agreement (Exhibit "A") clearly states in Section VI for the
purpose of calculating the ETP that CMW is to be paid $200,100.00,
as a Buy-Out under the terms of the Agreement assuming the theft
and tortious interference issues are ignored. As defendant, BIOSAFE ET
AL, are aware, plaintiffs principal advisors include more than twenty-
five (25) years of experience and expertise associated with the False
Claims Act, the Anti- Kickback Statute, FDA regulations, insurance
fraud, fraud litigation, and patent and trademark
infringement and related litigation. Plaintiffs strategic partners also
include expertise related specialized backgrounds in corporate
compliance and governance; with more than twenty-five (25) years in
law enforcement; national marketing experience related to nationally
recognized corporations with significant national
name recognition; more than twenty years (20) in the insurance
contracting field with specialized expertise in securing insurance
contracts and assuring compliance with insurance laws; well-respected
executive management and sales experience in the device,
pharmaceutical, biologics, and laboratory arenas far superior to that of
defendant; and, expertise in computer technology, software,
programming, security, and development far superior to defendant.
Defendant had none of these types of resources or expertise available
prior to contracting with CMW. Plaintiff made it abundantly clear from
the outset that it would only participate in a legally compliant business
model and demanded the same of defendant, BIOSAFE ET AL, and its
employees. CMW at all times honored its Agreement with defendant and
defendant responded by stealing from the plaintiff, CMW.
EGREGIOUS CONDUCT OF DEFENDANT, BIOSAFE ET AL, IN PERPETRATING
A DELIBERATE SCHEME TO STEAL, TORTIOUSLY INTERFERE, DISPARAGE,
AND COMPETE UNLAWFULLY
1. Defendant, BIOSAFE ET AL, set about to perpetrate a scheme to steal business
from plaintiff, CMW, and to shift the customers of plaintiff, CMW, specifically,
laboratories and healthcare providers, by stealing the existing distributors and
representatives of CMW and purposely circumventing the Agreement entered
into on or about December 2021.
2. Defendant, BIOSAFE ET AL, attempted to and did negotiate a "better" deal for itself
than the contractual structure noted in the Agreement entered into with plaintiff,
CMW, by circumventing the Agreement, contracting with CMW representatives and
distributors directly, and stealing the business created for BIOSAFE ET AL by CMW.
At all times, defendant was specifically aware as to exactly what it was doing
in stealing from plaintiff. Under the terms of the Agreement, dated February
15, 2022, between HCG/BIOSAFE ET AL and CMW, Section 6.4 therein noted that
CMW and BIOSAFE ET AL each agreed "not to solicit, directly or indirectly,
or hire any employee, independent contractor, consultant, distribution channel
partner of the other during the Term and for a period of two (2) years following
termination of this or any other agreement entered into between the parties,
unless otherwise mutually agreed upon by the parties!' BIOSAFE ET AL and,
specifically, Ken Ford, Ronald Hankins, and Nadine Monico intentionally and in
bad faith breached this provision by purposely trying to steal and successfully
stealing the representatives of CMW.
3. BIOSAFE ET AL has already "admittedly" engaged in profiting from the distributors
and representatives stolen by defendant, those taken from plaintiff, CMW, and
BIOSAFE ET AL has specifically admitted to the unlawful profiting through
EXAGEN, INC. (CEO, John Aballi, and its financial officer, Samantha Donaldson) both
of whom are aware of the fraud scheme.. Said "admissions" have the legal impact
of proving the elements of the theft, misappropriation, and tortious interference
engaged in by defendant. Upon information and belief, BIOSAFE ET AL knowingly
and willingly engaged in this diversion of business away from CMW, having
engaged in blatantly unlawful conduct, and did then engage in similar "knowing"
unlawful conduct with by concealing the theft of monies owed CMW for
commissions under the agreement entered into, establishing a clear "pattern" of
unlawful conduct, i.e., racketeering, and the existence of an "enterprise," BIOSAFE
ET AL, in which defendant, through its principals, Ron and Nadine (Hankins and
Monico) knowingly participated. The Principles then invested the proceeds of the
pattern of racketeering activity into the enterprise they ran at the time, BIOSAFE
ET AL; the Principals maintained control over the enterprise through the pattern
of racketeering activity; the Principals conducted or participated in the affairs of
the enterprise "through" the pattern of racketeering activity; and the Principal
conspired to engage in the foregoing unlawful activities. BIOSAFE ET AL was the
enterprise and utilized by the Principal as the illegal device to steal monies owed,
confidential and proprietary information, and business from customers and
plaintiff subjecting defendant and its principals to significant exposure f or civil
damages.
4. The "Agreemenr entered into with the defendant, BIOSAFE ET AL, creates
prospective legal exposure for the Principals individually. The Principals have, upon
information and belief, knowingly and willingly stolen from plaintiff, CMW, and
with sole intent to reap a financial reward personally by the diversion of CMW's
business and shipping customers of UPS and FedEx.
5. Defendant, BIOSAFE ET AL, through its principals, Hankins & Monico, engaged in a
scheme to defraud plaintiff, CMW, by circumventing the Agreement and stealing the
existing distributors and representatives of CMW and the income and revenue
derived therefrom.
6. The conduct of the Hankins & Monico was deliberate, willful, and malicious, and was
engaged in with the intent to damage CMW and violate contractual agreements with
alter-ego companies (DIMES, LLC.). Said conduct further constituted an
independent act of tortious interference.
7. Defendant, BIOSAFE ET AL, purposely engaged in moving distributors and
representatives from plaintiff, CMW, and used false information in an effort to steal
the business of CMW. The conduct perpetrated by defendant through its principals,
Hankins, Monico, and Ford, was at all times material hereto purposeful, intentional,
willful, deliberate, and malicious and was carried out with the specific intent to
benefit the Principals and BIOSAFE ET AL financially to the detriment of plaintiff,
CMW
DEFENDANT'S DELIBERATE INTERFERENCE WITH PLAINTIFF'S
MULTIPLE DISTRIBUTORS
1. Defendant, BIOSAFE ET AL, and its principals, were introduced to "numerous"
distributors and representatives that belonged to and were "protected" CMW
distributors, including, but not limited to:
a. Philips, Mark (MWP Medical Innovations) Florida
b. Jones, Karen (KJ Inc.) California
c. PlexusDx Labs (Duluth, GA.)
d. Pella, Corp (Pella, IA.)
e. Strawser, Jeff (Trident Health) Georgia
f. TESIS BIOSCIENCES, INC. Arizona
g. Roub, Michael MDA (CCT)- Business manager and partner with Eric
Hansen, Gary Straus & Michael Sinel, M.D.
h. Kennedy, Julianne (Medical Recruiter formally in Chicago, IL,
relocated to Arizona under Paul Porter)
i. Holland, Tapley (former colleague ISTO Technologies)
j. CC Therapeutics (Eric Hansen, Michael Roub, & Gary Straus)
k. Cera Medical (Chris Sera)
1. Global Medical Devices (Scott Raybuck)
m. Patriot Medical (Scott VanScieve)
n. Sands Surgical (Mike Sands & Steve Sands)
o. Innovative Medical Solutions (Julianne Kennedy)
p. Teresa Fickenscher (former Biomedical Solutions rep)
2. BIOSAFE ET AL set about thereafter through Ken Ford and at the direction of
Hankins and Monico to steal business from CMW by intentionally circumventing the
Agreement entered into with CMW. The defendant through its principals engaged
directly in stealing plaintiffs existing distributors and representatives and
tortiously interfering with the business and revenue of CMW and shippers UPS and
FEDEX, by entering into agreements with the plainti
Preview
Filing # 193195897 E-Filed 03/04/2024 09:53:02 AM NINTH JUDICIAL DISTRICT COURT ORANGE COUNTY, FLORIDA HAD MICHAEL WALKER, DBA: ALKER MANAGEMENT AND ONSULTING SERVICES Plaintiff, I Case No: Dept. No.: SUPPLIES, LLC., Florida Limited Liability a ARBITRATION EXEMPTION vS CONSULTING GROUP, LLC., a Florida Limited CLAIMED: Company ACTION FOR DAMAGES AND LLC., a FLorida Limited Liablity Company DECLARATORY RELIEF CAN SCIENTIFIC USA, LLC., a Florida Limited Company ATH DIAGNOSTIC PARTNERS, LLC. a Florida Liability Company HANKINS, OWNER MONCIO, OWNER FORD, EMPLOYEE/OWNER Defendant/s. VERIFIED COMPLAINT Plaintiff, Chad M. Walker (hereinafter referred to as "CMW"), sues defendant, BIOSAFE SUPPLIES, LLC. (ET AL BIOSAFE ET AL), OWNERS, RONALD HANKINS, NADINE MONICO, and KENNETH FORD (hereinafter referred to as "BIOSAFE ET Alf), and alleges as follows: 1. This is an action within the jurisdictional limits of this court, exclusive of interest, costs, and attorney's fees, as well as within the equitable jurisdiction of this Court relative to the temporary, preliminary and permanent injunctive relief sought herein. 2. This is an action for breach of contract, tortious interference with beneficial business relationships, common law misappropriation of propriety and confidential information, common law unfair competition, unjust enrichment, and conversion, and injunctive relief related thereto. Plaintiff, CMW, seeks damages and injunctive relief associated with defendant's deliberate, willful, and fraudulent conduct related purposely misappropriating plaintiffs business contracts with shippers United Parcel Services ("UPS") and Federal Express ("FEDEX") in an effort to not only defraud UPS and FEDEX but also, shipping customers, patients, distributors, representatives, and UPS and FEDEX to circumvent the agreements in place between Shippers (UPS and FEDEX), CMW, and BIOSAFE ET AL, and thereafter maliciously and blatantly stealing said existing shipping customers, distributors and representatives, and confidential and proprietary information, and using it for its own benefit, along with stealing trade secrets and confidential and propriety information, purposely diverting business from plaintiff, deliberately interfering with beneficial business relationships in existence between shippers (UPS & FEDEX) and its existing customers of UPS and FEDEX, representatives, customers and clients, in violation of agreements entered into by defendant, and engaging in wrongful disparagement and defamation against plaintiff by defendant. THE PARTIES 1. That at all times material hereto, plaintiff, CMW, was and is a Florida limited liability company with its principal place of business located at 11452 Brickyard Pond Lane Windermere, Orange County, Florida. That at all times material hereto, plaintiff, CMW was and is a medical distribution company engaged in the business of distributing medical, healthcare, and related products on a national level with a national distribution base of approximately five hundred representatives (500+) distributors. 2. That at all times material hereto, CMW entered into an Agreement with defendant, BIOSAFE ET AL, on or about Feburary 15, 2022, which is attached hereto and marked as Exhibit A. 3. That at all times materials hereto, BIOSAFE ET AL, was and is a limited liability corporation organized under the laws of the State of Florida, with its principal place of business located at 9436 Southridge Park Court Suite 400 Orlando, Florida 32819 and 3201 Dallas Blvd. Orlando, Florida 32833. Its principal partners Ronald Hankins, CEO, and his wife, Nadine Monico, COO. It was the principals (HANKINS & MONICO) who engaged in the wrongful conduct identified herein on behalf of the defendant, BIOSAFE ET AL. JURISDICTION AND VENUE 1. This Court has personal jurisdiction over the defendant and itsalter -egos, BIOSAFE ET AL, because it purposely availed itself of the privilege of contracting with plaintiff, CMW, in Florida; defendant consented to jurisdiction in this forum in its Agreement entered into with plaintiff, and the exercise of personal jurisdiction over defendant is reasonable as defendant conducts its business in this forum. BIOSAFE ET AL is and was at all times relevant a Florida limited liability company authorized to do business in Orange County, Florida. 2. That attached hereto, marked as Exhibit "A," and incorporated herein by reference, is the "CMW/BIOSAFE ET AL Master Agreement," (the "Agreemenr), executed by defendant through its principal, Ronald Hankins, with an effective date of February 15, 2022. Therein, plaintiff, CMW, was appointed under the terms and conditions of the Agreement as a Distributor of BIOSAFE ET AL products. 3. In the event of a breach of the Agreement, Defendant, BIOSAFE ET AL, claimed entitlement in the Agreement to all equitable remedies, including but not limited to, an order of specific performance, and immediate issuance of a temporary restraining order or a preliminary or permanent injunction without waiving its right to legal remedies for damages caused by the breach of the Agreement. Reciprocal rights are therefore available to CMW in the event of a breach by BIOSAFE ET AL with the same provided remedies. 4. That all conditions precedent to the bringing of this action have been complied with by plaintiffs. THE PRESENT CONTROVERYS AND TIMELINE OF EVENTS RELATED TO WRONGFUL CONDUCT 1. As part of the third-party logistics, kitting, and fulfillment business created by BIOSAFE ET AL in or around 1998 began the scheme of fraud against shippers UPS and FEDEX BIOSAFE ET AL quickly realized the fact that shippers UPS and FEDEX provide competitive shipping discounts off of the published shipper rates and shippers fees based upon the individual of weekly shipping volumes (subdivided by shipping categories) along with the total amount of the individual account holders weekly spend with UPS and/or FEDEX. What is now known after the incident of 1998 RONALD HANKINS, RANDALL WEBB, and KENNETH FORD devised a scheme and plan to use the rates which they had been presented by their shipping company representative JIM THAMES (FEDEX Employee Panama City, Florida) in a scheme to devise a fraudulent business within the kitting and logistics business as to keep scheme concealed from shippers UPS and FEDEX due to the restrictions and covenants with the agreement prohibiting BIOSASFE ET AL from reselling shippers rates and passing along of fees which directly competes with the shippers business model. 2. The BIOSAFE SHIPPING PROGRAM was born out of a fraud scheme whereby HANKINS, WEBB, and FORD researched businesses that worked within the shipping industry that do have contractual ability to resell rates of shippers (EX: WORLDWIDE SHIP). BIOSAFE ET AL at no time has had the contractual capabilities by either UPS or FEDEX to resell rates specifically allocated contractually to DIMES, LLC. (as discovery will reveal). 3. The BIOSAFE SHIPPING PROGRAM is and continues to exist as a fraudulent business whereby BIOSAFE SUPPLIES LLC and its related companies have routinely (a) manipulated the representatives at UPS [Sheneal Jones] and FEDEX [James Thames] to leverage the BIOSAFE SUPPLIES LLC shipper discounts on the DIMES, LLC. Contract in an effort to allow BIOSAFE SUPPLIES LLC employees and subcontractors to offer more competitive rates than either the UPS and FEDEX representatives to new business that had lower shipping volumes that could not be offered by the local UPS and FEDEX representative. Thames and Jones along with their managers hide the scheme from corporate due to the fact that BIOSAFE SUPPLIES LLC via the reselling fraud scheme continued to increase in revenue and package volume size which both Thames and Jones have benefited for years. 4. BIOSAFE SUPPLIES LLC would utilize the following scheme to obtain rates and fees from a customer that had been using FEDEX or UPS directly via a contract less favorable than what BIOSAFE SUPPLIES LLC staff could extend. BIOSAFE SUPPLIES LLC would require a customer to submit "an average shipping invoice from FEDEX or UPS that represented an average month of shipping costs and fees being paid by the customer to either Fed Ex or UPS. BIOSAFE SUPPLIES LLC (HANKINS, WEBB, and FORD) built a complex spreadsheet whereby current customer rates, fees, and discounts are input into the BIOSAFE shipping analysis protocol whereby BIOSAFE staff were able to segment every cost associated with the customer discounts to provide a complex spreadsheet using the customers actual costs from their respective shipping bill whereby BIOSAFE SUPPLIES LLC staff would present alternative discounts and fees (significantly less than those the customer had previously received via their direct shipper contract with UPS and/or FEDEX directly). 5. BIOSAFE SUPPLIES LLC would normally seekto convertthe customer from one vendor to the other. If a customer was using FEDEX they would convert to UPS and vice versa The reason BIOSAFE SUPPLIES LLC would alter customer was to avoid the potential fallout should UPS and/or FEDEX become aware of the reseller scheme and BIOSAFE SHIPPING PROGRAM whereby BIOSAFE SUPPLIES LLC would set-up customer with access to the BIOSAFE SHIPPER ACCOUNTS online using the BIOSAFE SUPPLIES LLC discounts and rates by logging into the more favorable account for any/all shipment being made directly from customer location verses the BIOSAFE SUPPLIES LLC location at 9436 Southridge Park Court, Suite 400, Orlando, Florida 32819. 6. BIOSAFE SUPPLIES LLC would send the customer an access letter to utilize the BIOSAFE SUPPLIES UPS or FEDEX account to allow customer to use rates lower than the previous contract direct with the shippers. BIOSAFE SUPLIES LLC would outline discounts to customers and allow customers to use the online portal whereby each Tuesday BIOSAFE SUPPLES LLC sends an ACH invoice (in form and fashion to make the BIOSAFE SHIPPING PROGRAM appear legitimate); when in fact, the invoice sent is solely from BIOSAFE SUPPLIES L LC via a complex invoice created by HANKINS, WEBB, and FORD to make the customer feel they were continuing to receive invoices and services similar to those being provided to them direct with the exception BIOSAFE SUPPLIES LLC would not require the customers to enter into any contract to receive the shipping discounts. 7. BIOSAFE SUPPLIES LLC et al profit directly from these reseller relationships by analyzation of shipper invoices to determine areas whereby BIOSAFE SUPPLIES LLC contracts with UPS and FEDEX provided discounts and savings greater than the customers direct shipper contracts. BIOSAFE SUPPLIES LLC would issue arbitrary discounts to incentivize customers to use BIOSAFE SUPLLIES LLC contract to earn shipping savings whereby the customer would receive a weekly shipping bill from BIOSAFE SUPPLIES LLC, BIOSAFE SUPPLIES LLC would pay master bill to FedEx and UPS directly allowing BIOSAFE SUPPLIES LLC to profit from the margins between the discounts offered to customer versus the discounts negotiated by BIOSAFE SUPPLIES LLC (DIMES, LLC.) contract which has grown at an exponential rate in revenue and discounts giving BIOSAFE SUPPLIES LLC an unfair marketplace advantage. 8. BIOSAFE SUPPLIES LLC would recruit, hire, and train BOTH independent representatives and W-2 employees whereby BIOSAFE SUPPLIES LLC staff and owners would incentivize sales personal pay compensating the sales channel partners with fifteen (15%) percent of the savings between customer rate and BIOSAFE rate which is paid to representative on the 2nd payroll monthly. (EX: BIOSAFE overnight discount 85%, customer discount for overnight 60% = 25% margin. Should published shipping rate from UPS and/or FEDEX = $100.00 then customer would receive an invoice from BIOSAFE SUPPLIES LLC for a total of $40.00 whereby BIOSAFE (aka DIMES, LLC.) would only receive an invoice for $15 allowing BIOSAFE (DIMES, LLC.) to earn $25.00 Gross Profit- the sales personnel are then paid 15% of the $25 profit {outlined within BIOSAFE SUPPLIES LLC Representative Agreements} = $3.75 paid to sales and $2125 profit kept by BIOSAFE SUPPLIES LLC (DIMES, LLC.). BIOSAFE SUPPLIES has thousands of shipments weekly whereby this scheme of fraud is perpetuated. 9. In an effort to further hide the scheme from UPS and FEDEX BIOSAFE SUPPLIES LLC will instruct customers to contact BIOSAFE SUPPLIES LLC should they need any return labels. The real purpose behind this directive is to falsely inflate the volume of packages being shipped from BIOSAFE SUPPLIES LLC location at 9436 Southridge Park Court, Suite 400 Orlando, Florida 32819 when in reality the staff at BIOSAFE SUPPLIES LLC prints the labels, ships them to the customers, and has the customers utilize the BIOSAFE SUPPLIES LLC printed labels to generate more revenue for BIOSAFE SUPPLIES LLC and misleading UPS and FEDEX to give the illusion the labels are being printed and shipped from BIOSAFE SUPPLIES LLC location when in fact the scheme is designed to further confuse the shippers (UPS and FEDEX) from the BIOSAFE SHIPPING PROGRAM while simultaneously creating a scheme of fraud. 10. As part of its business model, plaintiff, CMW, delivers medical products, consumer, and healthcare related products throughout the United States through a chain of more than five hundred (500) represenatives, sub -distributors, remarketers, independent contractors, and employees. That defendant, BIOSAFE ET AL, agreed in writing to provide its product through CMW's distribution network. BIOSAFE ET AL was required to do so lawfully and in compliance with all applicable federal and state laws. BIOSAFE ET AL did not have then, nor does it have now, a distribution network anywhere near comparable to that possessed by CMW. That, in fact, CMW has been responsible for, as defendant is aware, 63%, or more, of the defendant's business, which provided incentive for defendant to try to circumvent the Agreement and steal the relationships of plaintiff. 11. Defendant, BIOSAFE ET AL, along with Ronald Hankins and Nadine Monico, continuously violated the Agreement between CMW and BIOSAFE ET AL, attached as Exhibit A. The timeline below summarizes the events culminating in the present litigation: a. December 2021 - CMW was introduced to BIOSAFE ET AL by MWP Medical Innovations and owner Mark Philips, which created dialogue between BIOSAFE ET AL ownership (Ronald Hankins & Nadine Monico) and CMW. b. February 2022 - CMW was presented with the HANKINS CONSULTING GROUP AGREEMENT (Exhibit "A"), the execution of which was complete on Febuary 15, 2022. During contract negotiations, BIOSAFE ET AL explained that the company had very little business currently throughout the U.S. and was seeking a partner like CMW that could aid BIOSAFE ET AL in establishing a footprint throughout the U.S. BIOSAFE ET AL stated that it would be willing to discuss contract exclusivity based upon performance, which Ronald Hankins agreed to evaluate quarterly; CMW made this specific point to the owners of BIOSAFE ET AL to ensure CMW distributors would not have their respective CMW territory infringed upon by another BIOSAFE ET AL distributor. BIOSAFE ET AL explained this would not present a problem and routinely expressed its desire to work with a single individual (CMW) who provided the distributor network which could provide national coverage and sales as its current distribution had done a "very poor job" of representing the BIOSAFE ET AL product line (these were the exact words of Ronald Hankins, Nadine Monico, and Ken Ford (VP of Sale and brother to the owner). c. February 2022 thru April 2024 -After executing the HCG/ BIOSAFE ET AL Agreement, CMW began to aggressively market the BIOSAFE ET AL services to distributors, independent representatives, physicians, group purchasing organizations (GPO), and Department of Defense contacts for military MTF's (Military Treatment Facilities) throughout the U.S. During the period of representation, several issues were discovered by CMW and its distributors and representatives relating to, but not limited to, reimbursement, office flow, billing, collections, and collateral education and marketing materials that could be distributed to potential customers. CMW routinely and frequently communicated with BIOSAFE ET AL regarding its verbal representations about billing and collections related to complaints presented by the CMW sale force. Contact was routinely had with Ken Ford Vice-President of Sales, COO, Nadine Monico, CTO Randall Webb, and Accounting, Jasmine Delgado, VP of Sales, and all were all involved in various discussions on these subjects. After introducing the BIOSAFE ET AL technology to over 20 sales professionals and customers, CMW was able to gain a firm handle on the "issues" and attempted to work with BIOSAFE ET AL directly to improve process, education, field support, and billing all in efforts to grow market share and improve perception by the independent sales organization. BIOSAFE ET AL ownership could sense the frustrations growing in the field and scheduled a lunch meeting with CMW at BIOSAFE SUPPLIES LLC/Chick Fil-A office in November 2022 and allowed CMW to begin working remotely. The CMW sales force consists of sophisticated representatives with many years' experience in the me dic al, surgical, pharmaceutical, and logistical fields far superior to that previously utilized by BIOSAFE ET AL. The discussions in January 2023 were centered around areas of concern, how BIOSAFE ET AL could improve processes to produce a better outcome and increase market presence with the BIOSAFE ET AL BIOSAFE SHIPPING PROGRAM, which BIOSAFE ET AL provided to laboratories, retail clients, healthcare providers, and others as a scheme to use reduced billing rates provided to DIMES, LLC. via their direct contracts with UPS (Account 9RX645) and Fed Ex (Accounts/s 3rd Party 184889170, OutGoing Freight 518644726, and Care Path d. January 2023 - In or about the first week of January 2023, Ronald Hankins (CEO) meet with CMW at Chick Fil-A to discuss the concerns expressed since November 2021. During the meeting, most of the concerns were addressed and action steps outlined by Ronald Hankins of how BIOSAFE ET AL could improve on-boarding, training, coding/reimbursement education, and support for offices, and collateral support materials. After approximately two hours of discussions, CMW felt better about the future direction of the BIOSAFE ET AL/CMW relationship and, despite the miscues during the initial launch of the BIOSAFE ET AL new sales process CMW committed to continue growing the awareness of BIOSAFE ET AL throughout the current and growing CMW sales force. During the meeting, CMW directly inquired as to the overall value CMW had brought to BIOSAFE ET AL in the short period of time CMW represented the product line. Ronald Hankins stated that CMW represented and was told that the customers and sales personal represent a significant business opportunities to the companies and immediately stated that BIOSAFE ET AL only had a total of three Distributors; howevei; "if any additional distribution were added, they will work directly under CMW," as CMW had clearly demonstrated the ability to grow market presence quickly, professionally, and nationally. e. January 2023- CMW continued to grow awareness of the BIOSAFE ET AL BIOSAFE SHIPPING PROGRAM and introduced an additional 20 plus independent sales professionals to the BIOSAFE ET AL technology (over 40 total professionals nationally within 14 1/2 months). BIOSAFE ET AL asked if BIOSAFE ET AL could complete the on-boarding and training process in an effort to have a consistent message throughout the sales organization in light of the growth of the representatives. CMW complied with BIOSAFE ET Alls request and began processing intake data (i.e. BIOSAFE ET AL NDA [Non- Disclosure Agreements]), requested access to training portal within BIOSAFE ET AL website through Ken Ford, Jasmine Delgado, Jessica Ryan, Randall Webb, and others, and gave notification to BIOSAFE ET AL (Hankins & Monico) training and Webex sessions with the CMW sales force. The NDAs executed were executed by CMW representatives that BIOSAFE ET AL eventually tried to or did, in fact, steal despite knowing full well the representatives had come to BIOSAFE ET AL directly from CMW. At this particular point in time there was not any cause for concern on CMW's part as increases monthly, more new customers began using the technology, and more representatives would be on-boarded weekly. f. November 2022 - Due to the fact that CMW had successfully grown the BIOSAFE ET AL business each and every month over and above the prior month for six consecutive months, BIOSAFE ET AL hired Independent Contractor, Mark Philips, to further increase sales within the CMW network. Mark Philips was chosen by BIOSAFE ET AL Owners due to his prior relationship with EXAGEN, INC. (and, Karen Jones) as the owners of BIOSAFE ET AL (Ron Hankins and Ken Ford) had developed a personal friendship with Karen Jones and Mark Philips through the CMW introduction in November 2022. BIOSAFE ET AL explained that Mark's responsibility was solely to aid the CMW sales force and ownership in continuing to expand market presence and increase BIOSAFE ET AL monthly assessments. It is important to note that the BIOSAFE ET AL business model enabled individual practices to gain access to their web-based NET SUITE (customer facing portal access) via internet access on a laptop or tablet device, whereby the client only would monitor their shipments. Additionally, BIOSAFE SUPPLIES would generate a report to look as if report were provided by the shipper; whereby, a breakdown of charges, fees, and services were billed to client from BIOSAFE SUPPLIES, LLC. and charged each Wednesday via ACH whereby BIOSAFE charges clients a higher cost for services rendered by UPS and/or FEDEX yet charged at a higher rate by Alter-ego companies in order to re-sell rates, profit from shipping, compensate their sales personal via the "Shipping scheme." Shipping represents the highest profit area within the company and is NOT permitted by the Alter-ego companies to re-sell. g. August 2023 - Now that CMW had been working with BIOSAFE ET AL for approximately two years, CMW started to analyze the commission reports closer as there seemed to be a disturbing trend where each month's sales revenues were increasing, however, collected revenues from BIOSAFE ET AL (i.e. commissions) were decreasing. CMW directly inquired with BIOSAFE ET AL ownership and CTO, Randall Webb, about this important issue and was told "I only do what I am told to do Chae In short, despite the fact that CMW was to be paid within (30) days of each payment, payments were not timely made, but CMW continued to be a good partner to BIOSAFE ET AL to allow it to work through its collection issues. h. October 2023 - CMW continued to add new clients to the BIOSAFE SHIPPING PROGRAM; however, collections continued to be an issue where BIOSAFE ET AL would state it had not been paid by a particular office and as a result did not pay CMW the following month. The trend of the companies have fluctuating operational expenses to divert commissions by inflating operational expenses to enrich the CEO, Ronald Hankins, COO, Nadine Monico, and VP of Sales Ken Ford continued with the on-boarding of EXAGEN, INC. More alarming was the fact that several distributors and their sales representatives contacted CMW ownership concerning the behavior of BIOSAFE ET AL, Vice-President of Sales, Ken Ford. CMW, on more than 10 plus occasions, received calls, emails, and texts trying to understand why BIOSAFE ET AL would approach them directly to distribute BIOSAFE ET AL products and services despite the established CMW NDAs, CMW MDA, and BIOSAFE ET AL NDAs in place, all executed by the individuals in question. CMW did since November 2021 supply individual BIOSAFE ET AL NDAs to Ken Ford & Ronald Hankins to gain login access and to ensure BIOSAFE ET AL had a "clear and complete" record of groups and individuals introduced to BIOSAFE ET AL by CMW; (2) several distributors and their sales representatives were directly approached by Ken Ford to sell products and services not manufactured or owned by BIOSAFE ET AL. It is important to note that BIOSAFE ET AL was clearly aware that not only does CMW represent identical products, but the same distributors CMW introduced to BIOSAFE ET AL were representing these products through CMW exclusively. Clearly, Ken Ford, Ronald Hankins, and Nadine Monico continue attempting to poach and/or steal the sales force and circumvent CMW directly interfering with CMW's business in direct contravention of the Agreement entered into on or about November 14, 2021. i. January 2024 - Due to the aforementioned circumstances, the business relationship became strained as CMW continued to field calls of frustration from the field due to lack of commission payments. These facts coupled with the continued deceptive behavior on behalf of the owners of BIOSAFE ET AL caused a significant amount of frustration from CMW's perspective. Despite the fact that CMW now represented in excess of 60% of BIOSAFE ET AL's total business, CMW was not being paid on time, sales representatives and distributors of CMW were being directly approached by BIOSAFE ET AL ownership to directly sell for BIOSAFE ET AL. j. February 20, 2024 - During the routinely scheduled 0900 Tuesday Sales Meeting (in this event on Feb. 20, 2024) which is the weekly company meeting whereby sales issues, opportunities, problems, changes, etc. are all opening discussed in a team forum and documented within NET SUITE (BIOSAFE CMS Operational System). It is also VERY important to note that this call occurs remotely (via TEAMS) and is fully recorded to further enforce the facts, events, and timeline associated with allegations. The facts reveal that when CMW was asked to identify "sales related" topics (when called upon) began to outline and explain follow-up and closing calls with three large clients for the BIOSAFE SHIPPING PROGRAM that have been discussed in prior Tuesday BIOSAFE meetings for approximately sixty (60) days. It is also important to note the terms, conditions, processes, and polices have not been a question, nor had the company communicated in any way regarding any pending opportunities, clients, etc. Additionally, CMW contract and compensation plan has outlined specifically the BIOSAFE SHIPPING PROGRAM. During the 2.20.2024 CMW began to outline several large potential clients including comparing the opportunities reflect the EXACT contract and client EXAGEN, INC. (Located in Sunnyvale, CA.). It is also important to note that CMW sales Team (Mark Philips & Karen Jones) both have preexisting contractual relationships with CMW et al prior to executive an INDEPENDENT CONTRACT AGREEMENT- drafted by CMW as an employee of BIOSAFE (@ that time). EXAGEN, INC. Is the largest shipping customer in the history of the BIOSAFE SHIPPING PROGRAM that has existed in various forms since 1998 (according to VP of Sales Ken Ford) ... Let the record also demonstrate that EXAGEN, INC. Along with other clients PLEXUSDX LABS, etc. Represent in excess of $4,000,000 in annual revenue for BIOSAFE (and what has been discovered itsaffiliates) which does not include the MEDICARE PART B COVID -19 TESTING program whereby BIOSAFE generated approx. $1.9M between January thru June 2024 (as the financials will reflect). After being castigated during the 2.20.2024 by BIOSAFE OWNER NADINE MONICO CMW stopped speaking and (the record will reflect) Ken Ford stated "Chad I will call right after this" when the 0900 BIOSAFE SALES TEAM call concluded. AT 9:49AM EST Ken Ford called to explain (during a 12 min dialogue) that UPS had confronted BIOSAFE about reselling UPS & FEDEX rates to BIOSAFE customers due to a trip in Ohio approximately (30) days prior whereby Ken Ford converted a UPS customer, and the UPS representative filed a complaint against BIOSFE for reselling of rates. Ken Ford further went on to explain that UPS conducted an investigation "label created location" (via UPS CAMPUS SHIP) and they concluded BIOSAFE in fact is reselling rates. CWM was very upset as this information contradicted the information about the BIOSAFE SHIPPING PROGRAM that has been part of the employee compensation packet since the first date of employment with BIOSAFE and subsequently HANKINS CONSULTING. When CMW stated to NADINE MONICO "why do you continue to feel irs appropriate to speak in such a condescending tone and fashion? I am kind, polite, and have continually extended professionalism and kindness!' to which NADINE MONICO stated "NEVER DO THAT AGAIN" to which CMW responded "this is VERY problematic for me and appears to be a sophisticated scheme whereby multiple companies acting as alter-egos are deceiving customers, the shipping companies (UPS & FEDEX), employees, with intent to divert funds not to mention not compensating their employees "properly" (in form, fashion, or contractually alignment). The phone was then disconnected (12 min call from 9:49am Est to (10:02am EST). It also is important to note that following this telephonic interaction CMW was asked to attend the 1015 BIOSAFE PRODUCTION MEETING... Let the record also show that CMW had interactions (telephone, text, and email) with Ronald Hankins (CEO) via email prior and up through February 7, 2024 expressing concerns over how Pella, Corp. (another potential client introduced via CMW directly) would remain compliant to the BIOSAFE SHIPPING PROGRAM (aka DIMES- which subsequently has revealed an entirely different company (EIN# 81- 1382814) whereby the registered agent is Ronald Hankins (Home address) 3201 Dallas Blvd. Orlando, FL. 32833 and mailing address is the BIOSAFE office (Located at: 9436 Southridge Park Court, Suite 400 Orlando, FL. 32819). The importance of the two addresses is also important to note that they are associated with at least eight (8) different companies. It is abundantly clear based upon the facts from the time of CMW employment the dramatic and trackable positive change in revenue from new customers that helped the owners NADINE MONICO & RONALD HANKINS stop having to infuse personal funds into the companies to keep them afloat. Despite enduring a hostile work environment for more than a year I was enabled to work remotely in March 2022 and have continued to generate more revenue than ANY other salesperson within the companies. It is also important to note that it appears that CMW has continually been misled and deceived about the actual corporate structure by and between multiple organizations, intermingled credit accounts, intermingled bank accounts (Example FIFTH THIRD BANK, N.A.), owners, and assets. It is obvious from the years of Human Resources records the environment which NADINE MONICO creates along with the "Kangaro Courewhereby Husband, Wife, Brother all participate in schemes to unjust enrichment of themselves first and foremost as the company has had a history of deceptive business practices does not expire until February 14, 2025). That attached hereto, marked as Exhibit "A" and incorporated herein is the email and attachment provided by Ronald Hankins exercising the termination provision of the Agreement and proposing the Buy-Out under the "without cause" terms of the Agreement. Per Ronald Hankins's request, CMW provided a Buy-Out Option to BIOSAFE ET AL. Section V of the Agreement outlines the "not for cause" termination option whereby BIOSAFE ET AL would be responsible to pay CMW a one-time Equitable Termination Payment (ETP) based upon prior three-month assessment average equal to one year of commissions. As CMW calculated the payment due, it would be the commission rate multiplied by the penalty assessment number. The BIOSAFE ET AL HCG CMW Agreement (Exhibit "A") clearly states in Section VI for the purpose of calculating the ETP that CMW is to be paid $200,100.00, as a Buy-Out under the terms of the Agreement assuming the theft and tortious interference issues are ignored. As defendant, BIOSAFE ET AL, are aware, plaintiffs principal advisors include more than twenty- five (25) years of experience and expertise associated with the False Claims Act, the Anti- Kickback Statute, FDA regulations, insurance fraud, fraud litigation, and patent and trademark infringement and related litigation. Plaintiffs strategic partners also include expertise related specialized backgrounds in corporate compliance and governance; with more than twenty-five (25) years in law enforcement; national marketing experience related to nationally recognized corporations with significant national name recognition; more than twenty years (20) in the insurance contracting field with specialized expertise in securing insurance contracts and assuring compliance with insurance laws; well-respected executive management and sales experience in the device, pharmaceutical, biologics, and laboratory arenas far superior to that of defendant; and, expertise in computer technology, software, programming, security, and development far superior to defendant. Defendant had none of these types of resources or expertise available prior to contracting with CMW. Plaintiff made it abundantly clear from the outset that it would only participate in a legally compliant business model and demanded the same of defendant, BIOSAFE ET AL, and its employees. CMW at all times honored its Agreement with defendant and defendant responded by stealing from the plaintiff, CMW. EGREGIOUS CONDUCT OF DEFENDANT, BIOSAFE ET AL, IN PERPETRATING A DELIBERATE SCHEME TO STEAL, TORTIOUSLY INTERFERE, DISPARAGE, AND COMPETE UNLAWFULLY 1. Defendant, BIOSAFE ET AL, set about to perpetrate a scheme to steal business from plaintiff, CMW, and to shift the customers of plaintiff, CMW, specifically, laboratories and healthcare providers, by stealing the existing distributors and representatives of CMW and purposely circumventing the Agreement entered into on or about December 2021. 2. Defendant, BIOSAFE ET AL, attempted to and did negotiate a "better" deal for itself than the contractual structure noted in the Agreement entered into with plaintiff, CMW, by circumventing the Agreement, contracting with CMW representatives and distributors directly, and stealing the business created for BIOSAFE ET AL by CMW. At all times, defendant was specifically aware as to exactly what it was doing in stealing from plaintiff. Under the terms of the Agreement, dated February 15, 2022, between HCG/BIOSAFE ET AL and CMW, Section 6.4 therein noted that CMW and BIOSAFE ET AL each agreed "not to solicit, directly or indirectly, or hire any employee, independent contractor, consultant, distribution channel partner of the other during the Term and for a period of two (2) years following termination of this or any other agreement entered into between the parties, unless otherwise mutually agreed upon by the parties!' BIOSAFE ET AL and, specifically, Ken Ford, Ronald Hankins, and Nadine Monico intentionally and in bad faith breached this provision by purposely trying to steal and successfully stealing the representatives of CMW. 3. BIOSAFE ET AL has already "admittedly" engaged in profiting from the distributors and representatives stolen by defendant, those taken from plaintiff, CMW, and BIOSAFE ET AL has specifically admitted to the unlawful profiting through EXAGEN, INC. (CEO, John Aballi, and its financial officer, Samantha Donaldson) both of whom are aware of the fraud scheme.. Said "admissions" have the legal impact of proving the elements of the theft, misappropriation, and tortious interference engaged in by defendant. Upon information and belief, BIOSAFE ET AL knowingly and willingly engaged in this diversion of business away from CMW, having engaged in blatantly unlawful conduct, and did then engage in similar "knowing" unlawful conduct with by concealing the theft of monies owed CMW for commissions under the agreement entered into, establishing a clear "pattern" of unlawful conduct, i.e., racketeering, and the existence of an "enterprise," BIOSAFE ET AL, in which defendant, through its principals, Ron and Nadine (Hankins and Monico) knowingly participated. The Principles then invested the proceeds of the pattern of racketeering activity into the enterprise they ran at the time, BIOSAFE ET AL; the Principals maintained control over the enterprise through the pattern of racketeering activity; the Principals conducted or participated in the affairs of the enterprise "through" the pattern of racketeering activity; and the Principal conspired to engage in the foregoing unlawful activities. BIOSAFE ET AL was the enterprise and utilized by the Principal as the illegal device to steal monies owed, confidential and proprietary information, and business from customers and plaintiff subjecting defendant and its principals to significant exposure f or civil damages. 4. The "Agreemenr entered into with the defendant, BIOSAFE ET AL, creates prospective legal exposure for the Principals individually. The Principals have, upon information and belief, knowingly and willingly stolen from plaintiff, CMW, and with sole intent to reap a financial reward personally by the diversion of CMW's business and shipping customers of UPS and FedEx. 5. Defendant, BIOSAFE ET AL, through its principals, Hankins & Monico, engaged in a scheme to defraud plaintiff, CMW, by circumventing the Agreement and stealing the existing distributors and representatives of CMW and the income and revenue derived therefrom. 6. The conduct of the Hankins & Monico was deliberate, willful, and malicious, and was engaged in with the intent to damage CMW and violate contractual agreements with alter-ego companies (DIMES, LLC.). Said conduct further constituted an independent act of tortious interference. 7. Defendant, BIOSAFE ET AL, purposely engaged in moving distributors and representatives from plaintiff, CMW, and used false information in an effort to steal the business of CMW. The conduct perpetrated by defendant through its principals, Hankins, Monico, and Ford, was at all times material hereto purposeful, intentional, willful, deliberate, and malicious and was carried out with the specific intent to benefit the Principals and BIOSAFE ET AL financially to the detriment of plaintiff, CMW DEFENDANT'S DELIBERATE INTERFERENCE WITH PLAINTIFF'S MULTIPLE DISTRIBUTORS 1. Defendant, BIOSAFE ET AL, and its principals, were introduced to "numerous" distributors and representatives that belonged to and were "protected" CMW distributors, including, but not limited to: a. Philips, Mark (MWP Medical Innovations) Florida b. Jones, Karen (KJ Inc.) California c. PlexusDx Labs (Duluth, GA.) d. Pella, Corp (Pella, IA.) e. Strawser, Jeff (Trident Health) Georgia f. TESIS BIOSCIENCES, INC. Arizona g. Roub, Michael MDA (CCT)- Business manager and partner with Eric Hansen, Gary Straus & Michael Sinel, M.D. h. Kennedy, Julianne (Medical Recruiter formally in Chicago, IL, relocated to Arizona under Paul Porter) i. Holland, Tapley (former colleague ISTO Technologies) j. CC Therapeutics (Eric Hansen, Michael Roub, & Gary Straus) k. Cera Medical (Chris Sera) 1. Global Medical Devices (Scott Raybuck) m. Patriot Medical (Scott VanScieve) n. Sands Surgical (Mike Sands & Steve Sands) o. Innovative Medical Solutions (Julianne Kennedy) p. Teresa Fickenscher (former Biomedical Solutions rep) 2. BIOSAFE ET AL set about thereafter through Ken Ford and at the direction of Hankins and Monico to steal business from CMW by intentionally circumventing the Agreement entered into with CMW. The defendant through its principals engaged directly in stealing plaintiffs existing distributors and representatives and tortiously interfering with the business and revenue of CMW and shippers UPS and FEDEX, by entering into agreements with the plainti