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By Cherrie
Anne E. Villahermosa
Variety News Staff
THE United Micronesia Development
Association Inc. and UMDA Laolao LLC have sued a former director and various
shareholders for fraud, breach of fiduciary and statutory obligations,
misapporpriationsof funds and negligence.
UMDA and UMDA Laolao LLC through attorney Michael W. Dotts filed the complaint
in Superior Court on Friday against G.E.T. Realty Trust, Thomas C. Sorenson
individually and his capacity as trustee for G.E.T. REalty Trust; Concorde
Trust, Rothschild Trust Guersey Limited as trustee of the Concorde Trust;
Rothschild Trust Guernsey Limited Account 2299; Davina Limited; Pirouette
LLC Profit Sharing Plan, Monte Perucho Investiduras LLC; Raymond D. McCall;
John Larson; Robert Pfaff; David Amir Makov; Morley Inc. Employee Stock
Ownership Plan and Trust; Point Du Hoc Irrevocable Trust and its Trustee;
WS Investment Trust; Norskanvest LLC; Pigavest A.G,. Irizarry, McCall
& Squarell, P.C.; Irizarry & McCall P.C. Profit Sharing Plan;
Global Leader Consulting Inc., Profit Sharing of Global Leader Consulting
Inc., Keysdale Ventures LLLP, First Court Ltd. Re Account #2305 and Does
1-50.
The plaintiffs filed 13 causes of action against the defendants and are
seeking a declaration that the defendants have no claim to the funds,
have no claim to any distributions received from the plaintiffs as a result
of the stock ownership by the defendants; a declaration that no distribution
is required of the fund; a declaration that the defendants have breached
their fiduciary and statutory obligations to the plaintiffs and a declaration
confirming that the defendants stocks have been repurchased for
fair market value at the times of their wrongful taking of corporate assets
and that such price shall be offset against the amounts owed to
the plaintiffs by the defendants.
The plaintiff are also seeking compensatory damages, restitution, disgorgement,
constructive trust, rescission, indemnity, punitive damages; an order
relieving or discharging the plaintiffs from any further liability on
any claim arising from the actions of defendants while they were improperly
associated with them; attorney fees and cost and for such other relief
just and equitable.
Robert Pfaff and John Larson are lawyers and accountants from the U.S.
mainland who are under federal indictment for tax evasions.
Their cohorts include Raymond McCall, also a lawyer who was retained as
UMDAs counsel beginning in the mid-1990s.
The complaint stated that McCall was involved in illegal tax shelters
along with Pfaff and Larson.
Sorenson is the brother-in-law of Pfaff and the trustee of G.E.T. Realty
Trust.
Makov is the director of Morley Inc and is currently under indictment
for tax evasion.
The complaint stated that the defendants insinuated themselves into UMDA
and Laolao LLC and then misused their positions of trust, power and authority
to obtain secret side fees at UMDAs expense and to suit
their own improper purposes.
According to the complaint, the defendants breached their duties to the
plaintiffs, violated their agreements with the plaintiffs and have caused
injuries and will continue to cause injuries.
Jose Lifoifoi, chairman of UMDA in a press statement on Friday, said:
We will take whatever legal action is necessary to insure that UMDA
is fully protecting the interest of its shareholders.
He added, UMDA seeks to recover any and all legal expenses associated
with loss of investment opportunities and monetary penalties to be awarded
by the court. Our board of directors fully support this effort and understands
that we are committed to spend the resources and time necessary to achieve
this objective.
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