Professional Documents
Culture Documents
CIVIL ACTION NO
03:13-cv-00660 (SRU)
Defendant Miguel Antonio Mouawad Mawad, by and through his undersigned attorneys,
without consenting to jurisdiction, hereby files this Answer and Affirmative Defenses to Plaintiff
John J. Carneys First Amended Complaint (the Complaint) and denies each and every
allegation not expressly admitted.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
SUMMARY OF CLAIMS1
1.
Paragraph 1 is part of a summary of Plaintiffs claims that does not call for an
admission or denial, but to the extent any allegations pertain to Plaintiffs claims against
Defendant, Defendant denies them.
2.
Denied.
4.
Denied.
THE DEFENDANTS
business address in Caracas, but is without knowledge or information sufficient to form a belief
as to the allegations made in the remainder of paragraph 9, and therefore, denies the same.
For ease of reference, Defendant includes the headings as stated in the Complaint. However, by doing so,
Defendant does not admit or concede the truthfulness of any the headings or of any matter.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
10.
Defendant admits the first sentence of paragraph 10, but is without knowledge or
information sufficient to form a belief as to the remainder of the allegations made in paragraph
10, and therefore denies the same.
11.
the allegations made in paragraph 11, and therefore, denies the same.
12.
Denied.
14.
Defendant admits the first sentence of paragraph 14, but denies the remainder of
paragraph 14.
15.
Denied.
16.
residence in Miami Beach, Florida, but denies the remainder of paragraph 16.
17.
and used to own a condominium in New York City, but denies the remainder of paragraph 17.
18.
Denied.
19.
Defendant admits that each of the four members of the Mouawad family received
a power of attorney over Horion, but is without knowledge or information sufficient to form a
belief as to the remaining allegations made in the first three sentences of paragraph 20, and
therefore, denies the same. Defendant denies the remainder of paragraph 20.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
21.
Defendant admits the first sentence of paragraph 21, but is without knowledge or
information sufficient to form a belief as to the allegations made in the second sentence of
paragraph 21, and therefore, denies the same. Defendant denies the remainder of paragraph 21.
22.
Defendant admits the first two sentences of paragraph 22, and advises that
Defendant ceased being a shareholder of M. Holding S.A. on May 10, 2011, years before
Plaintiffs purported service upon the entity. Defendant denies the remainder of paragraph 22.
23.
Denied.
the allegations made in paragraph 24, and therefore, denies the same.
25.
the allegations made in paragraph 25, and therefore, denies the same.
RELEVANT RECEIVERSHIP ENTITIES
26.
the allegations made in paragraph 26, and therefore, denies the same.
27.
the allegations made in paragraph 27, and therefore, denies the same.
28.
the allegations made in paragraph 28, and therefore, denies the same.
29.
the allegations made in paragraph 29, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
Denied.
31.
Denied.
32.
Denied.
RECEIVERS STANDING
33.
Admitted.
34.
Admitted.
35.
Admitted.
36.
Admitted.
37.
the allegations made in paragraph 39, and therefore, denies the same.
40.
the allegations made in paragraph 43, and therefore, denies the same.
43.
the allegations made in paragraph 43, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
44.
the allegations made in paragraph 44, and therefore, denies the same.
45.
the allegations made in paragraph 45, and therefore, denies the same.
46.
the allegations made in paragraph 46, and therefore, denies the same.
47.
the allegations made in paragraph 47, and therefore, denies the same.
THE FRAUDULENT SCHEME
ILLARRAMENDIS NETWORK OF ENTITIES AND FUNDS
48.
the allegations made in paragraph 48, and therefore, denies the same.
49.
the allegations made in paragraph 49, and therefore, denies the same.
50.
the allegations made in paragraph 50, and therefore, denies the same.
51.
the allegations made in paragraph 51, and therefore, denies the same.
52.
the allegations made in paragraph 52, and therefore, denies the same.
53.
the allegations made in paragraph 53, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
54.
the allegations made in paragraph 54, and therefore, denies the same.
THE GENESIS OF THE FRAUD
55.
the allegations made in paragraph 55, and therefore, denies the same.
56.
the allegations made in paragraph 56, and therefore, denies the same.
57.
the allegations made in paragraph 57, and therefore, denies the same.
58.
the allegations made in paragraph 58, and therefore, denies the same.
59.
the allegations made in paragraph 59, and therefore, denies the same.
60.
the allegations made in paragraph 60, and therefore, denies the same.
61.
the allegations made in paragraph 61, and therefore, denies the same.
62.
the allegations made in paragraph 62, and therefore, denies the same.
63.
the allegations made in paragraph 63, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
the allegations made in paragraph 64, and therefore, denies the same.
65.
the allegations made in paragraph 65, and therefore, denies the same.
66.
the allegations made in paragraph 66, and therefore, denies the same.
67.
the allegations made in paragraph 67, and therefore, denies the same.
MONTELLI KNOWINGLY PARTICIPATED IN
AND FURTHERED THE FRAUDULENT SCHEME
68.
the allegations made in paragraph 68, and therefore, denies the same.
69.
the allegations made in paragraph 69, and therefore, denies the same.
70.
the allegations made in paragraph 70, and therefore, denies the same.
71.
the allegations made in paragraph 71, and therefore, denies the same.
72.
the allegations made in paragraph 72, and therefore, denies the same.
73.
the allegations made in paragraph 73, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
the allegations regarding Francisco Illarramendi and Piero Montelli Torres (Montelli) made in
paragraph 74, and therefore denies the same. Defendant denies the allegations made regarding
the Mouawad Defendants in paragraph 74.
75.
the allegations made in paragraph 75, and therefore, denies the same.
76.
the allegations made in paragraph 76, and therefore, denies the same.
77.
the allegations made in paragraph 77, and therefore, denies the same.
78.
the allegations made in paragraph 78, and therefore, denies the same.
79.
the allegations made in paragraph 79, and therefore, denies the same.
80.
the allegations made in paragraph 80, and therefore, denies the same.
81.
the allegations made in paragraph 81, and therefore, denies the same.
82.
the allegations made in paragraph 82, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
the allegations made in paragraph 83, and therefore, denies the same.
84.
the allegations made in paragraph 84, and therefore, denies the same.
85.
the allegations made in paragraph 85, and therefore, denies the same.
86.
the allegations made in paragraph 86, and therefore, denies the same.
87.
the allegations made in paragraph 87, and therefore, denies the same.
THE MOUAWAD DEFENDANTS BENEFITED FROM THE FRAUDULENT SCHEME
88.
Denied.
89.
Denied.
the allegations made in paragraph 90, and therefore, denies the same.
1.
91.
the allegations made in paragraph 91, and therefore, denies the same.
92.
the allegations made in paragraph 92, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
93.
the allegations made in paragraph 93, and therefore, denies the same.
94.
the allegations made in paragraph 94, and therefore, denies the same.
95.
the allegations made in paragraph 95, and therefore, denies the same.
96.
the allegations made in paragraph 96, and therefore, denies the same.
97.
the allegations made in paragraph 97, and therefore, denies the same.
2.
98.
the allegations made in paragraph 98, and therefore, denies the same.
99.
the allegations made in paragraph 99, and therefore, denies the same.
100.
the allegations made in the first sentence of paragraph 100, and therefore, denies the same.
Defendant admits the second sentence of paragraph 100.
101.
the allegations made in paragraph 101, and therefore, denies the same.
102.
the allegations made in the remainder of paragraph 102, and therefore, denies the same.
103.
Denied.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
104.
the allegations made in paragraph 104, and therefore, denies the same.
105.
the allegations made in paragraph 105, and therefore, denies the same.
106.
the allegations made in paragraph 106, and therefore, denies the same.
107.
the allegations made in paragraph 107, and therefore, denies the same.
108.
the allegations made in paragraph 108, and therefore, denies the same.
THE INDIRECT TRANSFERS TO THE MOUAWAD DEFENDANTS
109.
the allegations made in paragraph 109, and therefore, denies the same.
110.
the allegations made in paragraph 110, and therefore, denies the same.
111.
the allegations made in paragraph 111, and therefore, denies the same.
112.
the allegations made in paragraph 112, and therefore, denies the same.
113.
the allegations made in paragraph 113, and therefore, denies the same.
114.
the allegations made in paragraph 114, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
115.
the allegations made in the first and second sentences of paragraph 115, and therefore, denies the
same. Defendant denies the remainder of paragraph 115.
116.
the allegations made in the first sentence of paragraph 116, and therefore, denies the same.
Defendant denies the remainder of paragraph 116.
117.
the allegations made in paragraph 117, and therefore, denies the same.
118.
the allegations made in paragraph 118, and therefore, denies the same.
119.
the allegations made in paragraph 119, and therefore, denies the same.
120.
the allegations made in paragraph 120, and therefore, denies the same.
121.
the allegations made in paragraph 121, and therefore, denies the same.
122.
the allegations made in paragraph 122, and therefore, denies the same.
123.
the allegations made in paragraph 123, and therefore, denies the same.
124.
the allegations made in paragraph 124, and therefore, denies the same.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
125.
the allegations made in paragraph 125, and therefore, denies the same.
126.
the allegations made with respect to Grimsel in the first sentence and the allegations made in the
second sentence of paragraph 126, and therefore, denies the same.
Denied.
THE NATURE OF THE CAUSES OF ACTION AGAINST DEFENDANTS
128.
the allegations made in paragraph 128, and therefore, denies the same.
129.
Paragraph 129 summarizes Plaintiffs claims and does not call for an admission or
denial, but to the extent any allegations pertain to Plaintiffs claims against Defendant,
Defendant denies them.
130.
Denied.
131.
the allegations made in paragraph 131, and therefore, denies the same.
132.
Paragraph 145 summarizes Plaintiffs claims and does not call for an admission
or denial, but to the extent any allegations pertain to Plaintiffs claims against Defendant,
Defendant denies them.
Defendant denies that the Receiver has the right to amend or revise
Exhibit A and reserves all rights with respect to any proposed amendment or revision.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
the allegations made in paragraph 135, and therefore, denies the same.
136.
the allegations made in paragraph 137, and therefore, denies the same.
138.
Denied.
140.
Denied.
141.
Denied.
142.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
Paragraph 145 summarizes Plaintiffs claims and does not call for an admission or
denial, but to the extent any allegations pertain to Plaintiffs claims against Defendant,
Defendant denies them.
146.
the allegations made in paragraph 147, and therefore, denies the same.
148.
Denied.
150.
Denied.
151.
the allegations made in paragraph 152, and therefore, denies the same.
153.
Denied.
154.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
155.
Paragraph 157 summarizes Plaintiffs claims and does not call for an admission or
denial, but to the extent any allegations pertain to Plaintiffs claims against Defendant,
Defendant denies them.
158.
the allegations made in paragraph 159, and therefore, denies the same.
160.
Denied.
162.
Denied.
163.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
Denied.
178.
Denied.
179.
Denied.
180.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
Denied.
212.
Denied.
213.
214.
Denied.
215.
Denied.
216.
this matter and reserves the right to amend his Answer and Affirmative Defenses.
By
designating his Affirmative Defenses, Defendant does not in any way waive or limit any
defenses which are or may be raised by his denials and averments. Defendants Affirmative
Defenses are pled in the alternative. For his affirmative defenses, Defendant alleges as follows,
without assuming the burden of proof where the burden is otherwise on Plaintiff:
FIRST AFFIRMATIVE DEFENSE
Failure to State a Cause of Action
Plaintiffs claims are barred, in whole, or in part, because they fail to state a cause of
action against Defendant.
SECOND AFFIRMATIVE DEFENSE
Personal Jurisdiction
The Court lacks personal jurisdiction over the Defendant.
THIRD AFFIRMATIVE DEFENSE
Statute of Limitations & Laches
Plaintiffs claims are barred, in whole or in part, by the applicable statutes of limitation,
statutes of repose, or the doctrine of laches.
FOURTH AFFIRMATIVE DEFENSE
Standing CUFTA
Plaintiff lacks standing to bring this action because he is not a creditor of the
Receivership Entities and/or because no claim arose before the transfers alleged.
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
/s/Adam L. Schwartz
Luis E. Delgado (phv06224)
Kevin Jacobs (phv06227)
Adam L. Schwartz (phv06225)
Homer Bonner Jacobs
1200 Four Seasons Tower
1441 Brickell Avenue
Miami Florida 33131
Phone: (305) 350-5130
Fax: (305) 982-0085
Email: ldelgado@homerbonner.com
Email: kjacobs@homerbonner.com
Email:aschwartz@homerbonner.com
Daniel E. Wenner (ct27852)
Thomas D. Goldberg (ct04386)
Day Pitney LLP
242 Trumbull Street
Hartford, CT 06103
Phone: (860) 275-0100
Fax: (860) 275-0343
Email: dwenner@daypitney.com
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
Email: tgoldberg@daypitney.com
Attorneys for Miguel Antonio
Mouawad Mawad
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100
CERTIFICATION OF SERVICE
I hereby certify that on July 10, 2015, a copy of the foregoing was filed electronically and served
by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by email to
all parties by operation of the Courts electronic filing system or by mail to anyone unable to
accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this
filing through the Courts CM/ECF System.
/s/Adam L. Schwartz
Adam L. Schwartz, Esq
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1200 Four Seasons Tower 1441 Brickell Avenue Miami Florida 33131
Phone: (305) 350-5100