Albert L. Peia, Pro Se

P.O. Box 862156

Los Angeles, CA 90086

(213)219-7649

 

                              UNITED STATES DISTRICT COURT

                                    DISTRICT OF CONNECTICUT

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     Albert  L. Peia,                                              )

                                    Plaintiff                           )      CASE NO.

                             -vs-                                          )

                                                                             )

    Richard M. Coan, Timothy Miltenberger,  )

   Whitney Lewendon, Coan, Lewendon,         )

    Gulliver, and Miltenberger, LLC.,               )   VERIFIED COMPLAINT

    John Doe Surety 1, John Doe Insurer 2,      ) UNDER THE RACKETEER

    John Does 3 – 10,                                           )  INFLUENCED AND CORRUPT                                     

                                     Defendants                     )  ORGANIZATIONS ACT

                                                                             )                 (RICO)

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                                                                                 JURY TRIAL DEMANDED

                                                                             

                                                                     REQUEST FOR CRIMINAL  REFERRAL  

                                                                     OF THE DOCUMENTED  FEDERAL

                                                                     AMONG OTHER CRIMES HEREIN.

 

 

       Albert L. Peia, of full age, residing at 611 E. 5th Street #404, Los Angeles, in the

 

County of Los Angleles, of the State of California, by way of Verified Complaint

 

against defendants sets forth the following averments under penalty of perjury and

 

says: 

 

                                               NATURE OF THE ACTION

 

1. This action arises out of a scheme to defraud plaintiff of money and assets perpetrated by defendants/co-conspirators herein, injuring plaintiff in his business and property within the meaning of 18 U.S.C. § 1964(c), also damaging plaintiff’s bankruptcy estate and creditors thereof.

Annexed hereto and incorporated herein by reference thereto is the Affidavit of Albert L. Peia dated           , setting forth under penalty of perjury the factual predicates of the crimes/wrongful/illegal conduct herein.

 

 2. Through their conduct as detailed below, defendants conducted or participated, directly or indirectly, in the conduct of the affairs of an enterprise through a pattern of racketeering activity within the meaning of 18 U.S.C. § 1964(c),  and/or conspired to do so within the meaning of 18 U.S.C. § 1964(c),  in violation of said provisions of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq..

 

3. Through their conduct as detailed below, defendants also committed various wrongful acts violative of the common law  for which concurrent jurisdiction is apposite, and for which wrongful conduct under state and federal law, insurance and surety coverage exists and of which plaintiff is a third party beneficiary thereof.

 

4. Through their conduct, defendants committed and engaged in the following wrongfully culpable conduct.

 

 

                                                             PARTIES

 

5. Defendant Richard M. Coan has at all times relevant hereto been the Chapter 7 Trustee in the District of Connecticut, and a principal and/or employee of the firm Coan, Lewendon, Gulliver and Miltonberger, LLC, whose acts appear to be within the scope of his authority and/or employment.

 

6. Defendant Whitney Lewendon has at all times relevant hereto resided in or transacted his affairs or business in the state of Connecticut, and a principal and/or employee of the firm Coan, Lewendon, Gulliver and Miltonberger, LLC, whose acts appear to be within the scope of his authority and/or employment.

 

7. Defendant Timothy Miltonberger has at all times relevant hereto resided in or transacted his affairs or business in the state of Connecticut, and a principal and/or employee of the firm Coan, Lewendon, Gulliver and Miltonberger, LLC, whose acts appear to be within the scope of his authority and/or employment.

 

8. Defendant Coan, Lewendon, Gulliver and Miltonberger, LLC, upon information and belief is incorporated in and whose principal place of business is the state of Connecticut. Upon information and belief, said firm is a law firm which is engaged in the business of rendering legal services including bankruptcy practice.

 

9. Defendant John Doe Insurer1, upon information and belief is licensed to do business in and transacts its affairs in the state of Connecticut. Upon information and belief, said corporation is a insurer which is engaged in the business of providing liability and/or professional liability coverage.

 

10. Defendant John Doe Surety2, upon information and belief is licensed to do business in and transacts its affairs in the state of Connecticut. Upon information and belief, said corporation is a surety and/or which is engaged in the business of providing suretyship coverage.

 

 

         

                                             JURISDICTION AND VENUE

 

11.  This Court has jurisdiction over this action pursuant to 28 U.S.C. Section 1332(a)(2), in that plaintiff is a citizen of a foreign state, defendants Richard M. Coan, Timothy Miltenberger, Whitney Lewendon, Coan, Lewendon, Gulliver, and Miltenberger, LLC., are citizens of Connecticut, and the matter in controversy exceeds the sum of $75,000, exclusive of interest and costs. This court also has jurisdiction over this action pursuant to 28 U.S.C. Sections 1331 and 1367, in that the RICO claims arise under the laws of the United States, and the state law claims are so related to the RICO claims that they form part of the same case or controversy.

12.  Venue is proper in this district pursuant to 28 U.S.C. Section 1391(a), since defendants reside in the District of Connecticut and a substantial part of the acts and omissions giving rise to the claims occurred in the District of Connecticut.

 

                     FACTUAL BASIS FOR CLAIMS – WRONGFUL CONDUCT 

13. Plaintiff has been injured in his business and property by reason of defendants’ wrongful/illegal conduct within the meaning of 18 U.S.C. § 1964(c).

14. The fraudulent scheme of defendants/co-conspirators includes offenses involving fraud connected with a case under Title 11 U.S.C.  within the meaning of 18 U.S.C. § 1961(d) in violation of 18 U.S.C. § 1964(c).

                                                 FIRST COUNT – RICO

 

   Plaintiff repeats and realleges the averments contained in paragraphs    through   as if set forth at length herein.

   At all times relevant hereto, plaintiff was a “person” within the meaning of RICO, 18 U.S.C. §§ 1961(3) and 1964(c).

  At all times relevant hereto,  defendants Richard M. Coan, Timothy Miltenberger, Whitney Lewendon, Coan, Lewendon, Gulliver, and Miltenberger, LLC.,  John Doe Surety 1 and John Doe Insurer 2,  were “persons” within the meaning of RICO, 18 U.S.C. §§ 1961(3) and 1964(c). 

As a result of defendant Coan and the other Conspirators’ violation of 18 U.S.C. § 1962(c), plaintiff has been damaged in his business and property as a direct consequence of said offenses involving fraud connected with a case under Title 11, U.S.C..

As a result of their misconduct, defendants Richard M. Coan, Timothy Miltenberger, Whitney Lewendon, Coan, Lewendon, Gulliver, and Miltenberger, LLC.,  are liable to plaintiff for damages in an amount to be determined at trial.

Pursuant to RICO, 18 U.S.C. § 1964(c), plaintiff is entitled to recover threefold his damages plus costs plus reasonable attorneys’ fees from the aforesaid defendants.

                                    SECOND COUNT – RICO CONSPIRACY

Plaintiff repeats and realleges the averments contained in paragraphs    through   as if set forth at length herein.

   At all times relevant hereto, plaintiff was a “person” within the meaning of RICO, 18 U.S.C. §§ 1961(3) and 1964(c).

  At all times relevant hereto,  defendants Richard M. Coan, Timothy Miltenberger, Whitney Lewendon, Coan, Lewendon, Gulliver, and Miltenberger, LLC.,  John Doe Surety 1 and John Doe Insurer 2,  were “persons” within the meaning of RICO, 18 U.S.C. §§ 1961(3) and 1964(c). 

As a result of defendant Coan and the other Conspirators’ violation of 18 U.S.C. § 1962(c), plaintiff has been damaged in his business and property as a direct consequence of said offenses involving fraud connected with a case under Title 11, U.S.C..

As a result of their misconduct, defendants Richard M. Coan, Timothy Miltenberger, Whitney Lewendon, Coan, Lewendon, Gulliver, and Miltenberger, LLC.,  are liable to plaintiff for damages in an amount to be determined at trial.

Pursuant to RICO, 18 U.S.C. § 1964(c), plaintiff is entitled to recover threefold his damages plus costs plus reasonable attorneys’ fees from the aforesaid defendants.

 

 

                        COUNT - NEGLIGENCE/BREACH OF FIDUCIARY DUTY

Plaintiff repeats and realleges the averments contained in paragraphs    through   as if set forth at length herein.

On or about May 1, 1996, defendant Richard M. Coan succeeded to the interests of the estate of plaintiff herein in his capacity as Chapter 7 Tustee, said case having originated under Chapter 13 of Title 11, U.S.C., and designated as Case No. 95-51862, United States Bankruptcy Court, in the District of Connecticut.

At all times relevant hereto, Richard M. Coan had a fiduciary duty to said estate, creditors thereof including the U.S. government, which duty he breached through  wrongful and otherwise negligent and culpable conduct.

To wit, Richard M. Coan, in his capacity as successor plaintiff was ordered by the court to file papers consistent with his capacity and duty as successor plaintiff and Trustee, in a number of adversary proceedings brought by debtor/plaintiff herein for which the entry of default had been requested and the entry of default judgment appropriate inasmuch as proper service had been made with some matters being without defense, ie., properties (outside the state of Connecticut, ie., New Jersey) sold during the pendency of the automatic stay pursuant to §362 of Title 11, U.S.C., unaccounted for substantial funds (in New Jersey) generated from said wrongful acts, theft of personalty/business assets (in California, New Jersey, and Connecticut), loss of rents (in New Jersey, California, and Connecticut), among other causes and damages, including a substantial fraud on debtor/plaintiff herein perpetrated by R.I.C.O. defendants/co-conspirators involved in laundering drug money through the Trump (of New York) casinos (in New Jersey) along with other criminal activities covered by and violative of federal law.

All of said matters were meritorious, substantial, some without defense, as well as some for which partial settlements and/or payments had been made.

Richard M. Coan, in his capacity as Trustee and to cover-up various criminal activities including, inter alia, illegal drug money laundering, bribery, fraud, theft, other violations of federal law including  §362 of Title 11, U.S.C., and the illegal, wrongful and culpable failure to conclude the 1989 Virginia Chapter 7 proceeding under Title 11 in accordance with federal law, among others, wrongfully, negligently, and culpably failed to file any document whatsoever.

As a direct consequence of the aforesaid negligent, wrongful and culpable breaches of fiduciary duty the subject adversary proceedings were dismissed with prejudice as set forth in Exhibit “   “, annexed hereto and incorporated herein by reference thereto, causing and resulting in great damage to plaintiff herein.

Defendant Richard M. Coan is liable to plaintiff for the damages caused by said negligent, wrongful and culpable breaches of fiduciary duty, in amounts compensatory and punitive, to be determined at trial.

 

 

 

                              COUNT - FRAUD AND AIDING AND ABETTING FRAUD

Plaintiff repeats and realleges the averments contained in paragraphs    through   as if set forth at length herein.

 

 

                                                         COUNT - CONTRACT            

  Plaintiff repeats and realleges the averments contained in paragraphs    through   as if set forth at length herein.    

Plaintiff at all times relevant hereto was a third-party beneficiary of the contracts/policies of surety/insurance insuring defendants herein.

                                            COUNT -  JOHN DOES

              

WHEREFORE, plaintiff prays for judgment against defendants for:
(A) compensatory damages in the amount of $5 million ($5,000,000), trebled pursuant to RICO;
(B) punitive damages in an amount to be determined at trial;
(C) costs, fees, and other expenses, including attorney's fees, pursuant to 18 U.S.C. Section 1964(c);
(D) such other and further relief as may be just and proper.

 

Dated:                                            Signed: ___________________________________

                                                                            Albert L. Peia, Pro Se

 

 

                                   CERTIFICATION AND VERIFICATION

 

  I, Albert L. Peia, hereby certify that the averments in the foregoing Complaint  are

 

true under penalty of perjury.

 

 

Dated:                                            Signed: ___________________________________

                                                                            Albert L. Peia, Pro Se