Saipan Air amends complaint against Swift Air executives
- Details
- Published on Friday, August 10, 2012 00:42
- Written by By Andrew O. De Guzman - Reporter
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SAIPAN Air Inc. has amended its complaint against the executives of Arizona-based Swift Air LLC.
“We added some new factual allegations based upon information we received after the initial filing on July 12. For example the fact that Boris Van Lier received approximately $800,000 from Swift Air within 90 days of the bankruptcy filing on June 27,” according to Tan Holdings Corp. chief legal counsel Steven Pixley.Saipan Air is suing Swift Air LLC for its failure to provide aircraft to the local company. Saipan Air is asking $50 million in punitive damages, special damages to be proven at trial, disgorgement of ill-gotten gains, restitution, attorney fees, costs, and for other reliefs.
Named defendants were Donald A. Stukes, Jeffrey Conry, Hank Tobert, Boris Van Lier, and 10 Does.
The complaint said Stukes, Conry, and Tobert are managers of Swift Air, while Van Lier is the vice president and chief operating officer.
The amended complaint’s claims for relief are for fraud, Racketeer Influenced and Corrupt Organization Act, or RICO, and unjust enrichment.
Saipan Air planned to have its inaugural flight last July 1.
But before it could deliver its promise of two Boeing 757 aircraft for Saipan Air’s flight, Swift Air, LLC filed a petition for Chapter 11 protection on June 27.
On or about Dec. 20, 2011, the complaint said the defendants obtained an ownership interest in Swift Air which was established on or about March 16, 2005.
Saipan Air wired $1.2 million to Swift Air as part of their agreement.
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