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
)
(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..
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.
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.
Albert
L. Peia, Pro Se