On October 07, 2019 a
Complaint (eFiled)
was filed
involving a dispute between
Ali, Ovais,
Arif, Adeel,
Beliukov, Denis,
Cole, Travis,
Ilawan, Elizabeth,
Mahmood, Ocais,
Vince Ecom Empire, Llc.,
and
Arif, Sdel,
Haider, Ovais,
Iiawan, Elizabeth,
Israel, Yvenson,
Vince Ecom Empire Llc,
for Fraud
in the District Court of Broward County.
Preview
Case Number: CACE-19-020722 Division: 04
Filing # 96815907 E-Filed 10/07/2019 09:17:18 AM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.:
OVAIS HAIDER ALI, and
TRAVIS COLE
Plaintiffs,
COMPLAINT AND
DEMAND FOR JURY TRIAL
Vv.
VINCE ECOM EMPIRE LLC, and
YVENSON ISRAEL,
Defendants.
ce -X
Plaintiffs Ovais Haider Ali (hereinafter “Ali”) and Travis Cole (hereinafter “Cole”) by
and through its undersigned attorneys, hereby sues defendants Vince Ecom Empire LLC
(hereinafter “Vince”) and Yvenson Israel (“hereinafter Israel’’) and hereby allege as follows:
PARTIES, JURISDICTION AND VENUE
1. Plaintiff Ali is an individual, over the age of 18, a resident of California and is otherwise sui
juris.
2. Plaintiff Cole is an individual, over the age of 18, a resident of California and is otherwise
sui juris.
3. Defendant Vince is a dissolved corporation that was organized and existing under the laws of
the State of Florida with its principal place of business located in Broward County, Florida.
4. Defendant Israel is an individual, over the age of 18, a resident of Broward County, Florida
and is otherwise sui juris and is the last remaining principal of Vince.
5. Venue is appropriate in Broward County, Florida inasmuch as the defendants reside therein
and/or the cause of action took place there.
6. This is an action for damages in excess of $15,000.00, exclusive of interest, attorneys fees,
and costs.
FACTUAL ALLEGATIONS
7. Vince is in the business of offering automated Amazon stores to its customers.
8. Israel is a principal in Vince. In addition, Israel made material mis-representations to
plaintiffs and others.
9. On or about August 1, 2018, Ali and Vince entered into a written agreement after Israel
made certain representations as outlined below.
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/07/2019 09:17:17 AM.****10. In or about January, 2019, Cole and Vince were communicating about the automated
business. As a result of the representations given below, Cole decided to pay defendants for
the purchase of the store promoted by defendants. During the start up phase of the business,
Vince provided videos on how to set up the store. Inter alia, one of the steps is to set up a tax
exempt entity to facilitate drop shipment of goods from WalMart. Cole followed all the steps
suggested by defendants with the understanding that this was the way to successfully create
the automated Amazon store promoted by defendants.
11. Prior to entering into these agreements, Israel made various representations to both plaintiffs
at different times.
12. Inter alia, these representations included the wealth of experience that Israel had in
successfully establishing these automated businesses, the expected success of these
businesses, the experience and success of the promised virtual assistants, the knowledge of
working with Amazon and many others. Indeed, he guaranteed to double or triple Plaintiffs’
on line business and to build an Amazon store to make sales every single day.
13. In or about the time of executing the agreements, plaintiffs paid defendants the agreed upon
fee.
14. It became apparent quickly that Defendant was unable to operate these stores at all, let alone
properly. The entire business model employed by Defendants appear to violate Amazon’s
policies. Defendants knew this, Plaintiffs did not. Indeed, Amazon suspended the stores after
about a month of being operational. In an effort to salvage the business, Israel prepared
phony documents to present to Amazon in what presumably was his efforts to “save” the
business. Some of these documents went as far as creating phony invoices to falsely
represent to Amazon that products were purchased from a fictitious company . Moreover,
they were sent by Israel by improperly utilizing Plaintiff’s email account in order to give the
impression that it was sent by Plaintiff.
15. None of the promised profits have been realized; on the contrary, the stores were shut down
and Plaintiff’s suffered only losses and damages.
16. All conditions precedent to this suit have taken place, been waived and/or have been
satisfied.
17. Plaintiffs have agreed to pay undersigned counsel a reasonable fee for its services herein.
COUNT I- VIOLATION OF DECEPTIVE AND UNFAIR TRADE PRACTICES ACT
501.204 FLORIDA T. (2012)
18. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 -17 above as if set
forth at length herein.19, Defendants offer certain advice to the consuming public. Inter alia, it represents itself as
being able to provide the information and the means to run an on-line automated Amazon
business.
20. After receiving payments, it becomes clear that Defendants do not follow Amazon’s policies
and the business that Plaintiffs and other customers pay for does not really exist.
21. Defendants knowingly committed unfair or deceptive acts in the course of trade or
commerce.
22. Plaintiffs have been damaged by defendants’ unfair or deceptive acts.
WHEREFORE, Plaintiff demands a final judgment in their favor and against defendants for all
such damages appropriate under this count, including a declaration from this Court that
defendant’s acts violate this statute, enjoining defendants from any further violations of this
statute, an award of attorneys’ fees, costs and all such other relief as this Court deems
appropriate.
T 1 - FRAUDULENT MISREPRESE)
TION
23. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 -17 above as if set
forth at length herein.
24. Defendants made false statements regarding its intent to produce a workable on line
automated Amazon store, its past successes, its knowledge of this business, its promises to
generate significant profits and its guarantees to be successful.
25. Defendants knew that the aforementioned representations were false.
26. Defendants made these false and material mis-representations with the intent to induce
Plaintiffs to enter into a written contract with defendants.
27. But for these representations, Plaintiffs would not have entered into the Agreement.
28. Plaintiffs have been damaged as a result of its reasonable reliance on Defendants’ false
representations.
WHEREFORE, Plaintiffs demand a final judgment in their favor and against defendants for
damages, reserves the right to amend this complaint to seek an award of punitive damages
upon proper proffer to the Court and all other such relief as this Court deems just and proper.
INT II - BREACH OF IMPLIED COVENANT OF ID FAITH AND FAIR
DEALING
29. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 -17 above as if set
forth at length herein.
30. Defendants, by conscious and deliberate acts, failed and/or refused to discharge its
contractual responsibilities.31. Such acts unfairly frustrated the agreed upon common purpose of the contract between the
parties, disappointed Plaintiffs, and deprived Plaintiffs of the benefits of the agreement.
32. There is an implied covenant of good faith and fair dealing when a contract is entered. Asa
result of Defendants’ deliberate acts as outlined above, Plaintiffs have been damaged by
Defendants’ breach of these covenants.
WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants for damages
and all such other relief as this Court deems just and proper.
COUNT IV-F.S 607.1408
33. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 -17 above as if set
forth at length herein.
34. Pursuant to F.S. 607.1408, Defendants are liable for Vince’s obligations as set forth therein,
including, Israel’s personal liability.
DEMAND IS HEREBY MADE FOR JURY TRIAL.
DATED THIS 7™ DAY OF OCTOBER , 2019.
THE LAW OFFICES OF ALAN P. DAGEN, P.A.
746 Heritage Drive
Weston, Florida 33326
Tel.: 954-389-8605
Fax: 954-337-3250
email: alan@litigationlawyerattorney.com
By: /s/Alan Dagen
ALAN P. DAGEN, P.A.
Florida Bar No.: 456535
Preview
Case Number: CACE-19-020722 Division: 04 Filing # 96815907 E-Filed 10/07/2019 09:17:18 AM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: OVAIS HAIDER ALI, and TRAVIS COLE Plaintiffs, COMPLAINT AND DEMAND FOR JURY TRIAL Vv. VINCE ECOM EMPIRE LLC, and YVENSON ISRAEL, Defendants. ce -X Plaintiffs Ovais Haider Ali (hereinafter “Ali”) and Travis Cole (hereinafter “Cole”) by and through its undersigned attorneys, hereby sues defendants Vince Ecom Empire LLC (hereinafter “Vince”) and Yvenson Israel (“hereinafter Israel’’) and hereby allege as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff Ali is an individual, over the age of 18, a resident of California and is otherwise sui juris. 2. Plaintiff Cole is an individual, over the age of 18, a resident of California and is otherwise sui juris. 3. Defendant Vince is a dissolved corporation that was organized and existing under the laws of the State of Florida with its principal place of business located in Broward County, Florida. 4. Defendant Israel is an individual, over the age of 18, a resident of Broward County, Florida and is otherwise sui juris and is the last remaining principal of Vince. 5. Venue is appropriate in Broward County, Florida inasmuch as the defendants reside therein and/or the cause of action took place there. 6. This is an action for damages in excess of $15,000.00, exclusive of interest, attorneys fees, and costs. FACTUAL ALLEGATIONS 7. Vince is in the business of offering automated Amazon stores to its customers. 8. Israel is a principal in Vince. In addition, Israel made material mis-representations to plaintiffs and others. 9. On or about August 1, 2018, Ali and Vince entered into a written agreement after Israel made certain representations as outlined below. 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/07/2019 09:17:17 AM.****10. In or about January, 2019, Cole and Vince were communicating about the automated business. As a result of the representations given below, Cole decided to pay defendants for the purchase of the store promoted by defendants. During the start up phase of the business, Vince provided videos on how to set up the store. Inter alia, one of the steps is to set up a tax exempt entity to facilitate drop shipment of goods from WalMart. Cole followed all the steps suggested by defendants with the understanding that this was the way to successfully create the automated Amazon store promoted by defendants. 11. Prior to entering into these agreements, Israel made various representations to both plaintiffs at different times. 12. Inter alia, these representations included the wealth of experience that Israel had in successfully establishing these automated businesses, the expected success of these businesses, the experience and success of the promised virtual assistants, the knowledge of working with Amazon and many others. Indeed, he guaranteed to double or triple Plaintiffs’ on line business and to build an Amazon store to make sales every single day. 13. In or about the time of executing the agreements, plaintiffs paid defendants the agreed upon fee. 14. It became apparent quickly that Defendant was unable to operate these stores at all, let alone properly. The entire business model employed by Defendants appear to violate Amazon’s policies. Defendants knew this, Plaintiffs did not. Indeed, Amazon suspended the stores after about a month of being operational. In an effort to salvage the business, Israel prepared phony documents to present to Amazon in what presumably was his efforts to “save” the business. Some of these documents went as far as creating phony invoices to falsely represent to Amazon that products were purchased from a fictitious company . Moreover, they were sent by Israel by improperly utilizing Plaintiff’s email account in order to give the impression that it was sent by Plaintiff. 15. None of the promised profits have been realized; on the contrary, the stores were shut down and Plaintiff’s suffered only losses and damages. 16. All conditions precedent to this suit have taken place, been waived and/or have been satisfied. 17. Plaintiffs have agreed to pay undersigned counsel a reasonable fee for its services herein. COUNT I- VIOLATION OF DECEPTIVE AND UNFAIR TRADE PRACTICES ACT 501.204 FLORIDA T. (2012) 18. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 -17 above as if set forth at length herein.19, Defendants offer certain advice to the consuming public. Inter alia, it represents itself as being able to provide the information and the means to run an on-line automated Amazon business. 20. After receiving payments, it becomes clear that Defendants do not follow Amazon’s policies and the business that Plaintiffs and other customers pay for does not really exist. 21. Defendants knowingly committed unfair or deceptive acts in the course of trade or commerce. 22. Plaintiffs have been damaged by defendants’ unfair or deceptive acts. WHEREFORE, Plaintiff demands a final judgment in their favor and against defendants for all such damages appropriate under this count, including a declaration from this Court that defendant’s acts violate this statute, enjoining defendants from any further violations of this statute, an award of attorneys’ fees, costs and all such other relief as this Court deems appropriate. T 1 - FRAUDULENT MISREPRESE) TION 23. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 -17 above as if set forth at length herein. 24. Defendants made false statements regarding its intent to produce a workable on line automated Amazon store, its past successes, its knowledge of this business, its promises to generate significant profits and its guarantees to be successful. 25. Defendants knew that the aforementioned representations were false. 26. Defendants made these false and material mis-representations with the intent to induce Plaintiffs to enter into a written contract with defendants. 27. But for these representations, Plaintiffs would not have entered into the Agreement. 28. Plaintiffs have been damaged as a result of its reasonable reliance on Defendants’ false representations. WHEREFORE, Plaintiffs demand a final judgment in their favor and against defendants for damages, reserves the right to amend this complaint to seek an award of punitive damages upon proper proffer to the Court and all other such relief as this Court deems just and proper. INT II - BREACH OF IMPLIED COVENANT OF ID FAITH AND FAIR DEALING 29. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 -17 above as if set forth at length herein. 30. Defendants, by conscious and deliberate acts, failed and/or refused to discharge its contractual responsibilities.31. Such acts unfairly frustrated the agreed upon common purpose of the contract between the parties, disappointed Plaintiffs, and deprived Plaintiffs of the benefits of the agreement. 32. There is an implied covenant of good faith and fair dealing when a contract is entered. Asa result of Defendants’ deliberate acts as outlined above, Plaintiffs have been damaged by Defendants’ breach of these covenants. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants for damages and all such other relief as this Court deems just and proper. COUNT IV-F.S 607.1408 33. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 -17 above as if set forth at length herein. 34. Pursuant to F.S. 607.1408, Defendants are liable for Vince’s obligations as set forth therein, including, Israel’s personal liability. DEMAND IS HEREBY MADE FOR JURY TRIAL. DATED THIS 7™ DAY OF OCTOBER , 2019. THE LAW OFFICES OF ALAN P. DAGEN, P.A. 746 Heritage Drive Weston, Florida 33326 Tel.: 954-389-8605 Fax: 954-337-3250 email: alan@litigationlawyerattorney.com By: /s/Alan Dagen ALAN P. DAGEN, P.A. Florida Bar No.: 456535