COMPLAINT

US DISTRICT COURT

DISTRICT OF XXX

 

XXXX

XXXXX                                                                   Defendants

Case No. ______________       COMPLAINT

 

1. COMES NOW Plaintiff XXX, with this complaint against the Defendants, and alleges as follows:

INTRODUCTION

2. This is an action for malicious prosecution. Defendants filed a frivolous lawsuit against Plaintiff alleging inter alia, that Plaintiff had scammed the Defendants in XXX scheme. The case was later dismissed pursuant to a Motion to Dismiss filed by the Plaintiffs in the said frivolous case.
3. The Defendants had no basis to file the lawsuit against Plaintiff.
4. Accordingly, Plaintiff files this action to have the Defendants held liable for malicious prosecution.

PARTIES

5. Plaintiff, XXX, is an American citizen of address __________________.
6. Defendant, XXX, is a resident of XXX.
7. Defendant XXX, is a resident of XXX.
8. Defendant XXXX, is a resident of XXX.
9. Defendant XXX, is a resident of XXX.
10. Defendant XXX, is a resident of XXX.
11. Defendant XXX, is a resident of XXX.
12. Defendant XXXX, is a resident of XXX.
13. Defendant XXX, is a resident of XXX.
14. Defendant XXX, is a resident of XXX.
15. Defendant XXX, is a resident of XXX.
16. Defendant XXX, is a resident of XXX.
17. Defendant XXX, is a resident of XXX.
18. Defendant XXX, is a resident of XXX.
19. Defendant XXX, is a resident of XXX.
20. Defendant XXX, is a resident of XXX.
21. Defendant XXX, is a resident of XXX
22. Defendant XXX, is a resident of XXX.
23. Defendant XXX, is a resident of XXX.
24. Defendant XXX, is a resident of XXX.
25. Defendant XXX, is a resident of XXX.

 

JURISDICITON AND VENUE

26. This Court has original subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1332, because the matter involves citizens of different states and the Plaintiff claims damages in excess of $75,000.
27. Venue is proper in this county under 28 U.S.C. § 1391 as a substantial part of the acts and omissions forming the basis of these claims occurred in the District of XXX.

FACTS

28. Plaintiff invested in Global Investment Trading, which is a crypto company based in XXX Central Africa (hereinafter “the Company”). The company had a referral program, where the referring investor was paid a commission for referring new investors. The company later went to the crypto exchange and the coin price fell sharply.
29. After the crypto coin price fell sharply, the Defendants filed a lawsuit against Plaintiff at this Honorable Court (Solomon Kabore et al, v. Global Investment Trading, et al, Civil Action No. 22-4211). The lawsuit has filed on or about XXX, and had 125 defendants and about 20 plaintiffs. The Plaintiffs claimed that the Company and the Plaintiff owed them damage amounting to millions of dollars.
30. In the Complaint, the Defendants herein alleged that Plaintiff was engaged in a “supposed investment opportunity through advertising, text messages, emails social media posts, and word of mouth from Liyeplimal leaders, coaches, and executives, many of whom were and are located within the United States.”
31. The Defendants further alleged that “Coaches located in the United States, and elsewhere, would also hold virtual seminars, in attempts to gain new investors…” and that “[o]n repeated occasions, the [Plaintiff] cause to be transmitted from the United States, including in the state of New Jersey, reports and statements that contained erroneous and fraudulent material regarding investment strategy, the risks involved in such investments, the nature of the investment strategy, and the actual investment activity of Liyeplimal.”
32. The Defendants raised the following causes of action:
33. Violation of Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10(b)(5);
34. Violation of Section 20(a) of the Securities Exchange Act of 1934;

• Violation of Section 12(a) of the Securities Act;

1. Violation of Section 15(a) of the Securities Act;
2. Violation of N.J.S.A. et seq., New Jersey RICO;
3. Breach of Contract;

• Unjust Enrichment;
• Fraudulent inducement;

1. Fraudulent misrepresentation;
2. Conversion;
3. Fraud and Conspiracy; and

• Claim for Punitive Damages/

33. This Court should note that Plaintiff and the Defendants were investors in the Company, and all lost money they invested in the Company.
34. Plaintiff asserts that the claims were made in bad faith for the following reasons:
35. Plaintiff never employed any device, scheme, or artifice to defraud; made any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or engaged in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
36. Plaintiff never violated a provision of Title 15 of the United States Code (which includes the Securities Exchange Act) or a rule or regulation promulgated thereunder, and that there was no violation that occurred either by by purchasing or selling a security while in possession of material inside information.

• Plaintiff never sold securities in violation of the Securities Act, and never used instruments of communication and/or commerce to effect the sales.

1. Plaintiff never belonged in any enterprise. Defendants also falsely alleged inter alia that “[f]rom 2017 to present, the Individual Defendants associated together for a common purpose and were an ongoing organization…”
2. Plaintiff never entered any contract with the Defendants.
3. Plaintiff has obtained no benefit from any alleged scheme. Notably, there is no contract in existence that imposes any obligation of the Defendants to the Plaintiffs or to XXX.

• Plaintiff never made any representation to the Defendants.
• Plaintiff never retained any of the Plaintiffs’ funds and assets. Besides, Plaintiff is not affiliated in any way to XXX either as owner/founder or employee.

1. Plaintiff never entered any conspiracy to defraud.
2. Plaintiff was only an investor in the Company and was neither an officer nor an employee.
3. Consequently, Plaintiff, together with other Defendants in the case, filed a Motion to Dismiss the Complaint.
4. On XXX, the Court issued a judgment granting the motion to dismiss the Complaint.
5. The institution of the case against Plaintiff caused Plaintiff much psychological suffering.
6. Plaintiff hereby files this Complaint for malicious prosecution.

CLAIMS FOR RELIEF

COUNT 1

Malicious prosecution

39. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herei
40. Defendants, individually and/or jointly and in conspiracy, initiated and/or continued a malicious prosecution against Plaintiff, all without probable cause. Defendants were each instrumental in the initiation and perpetuation of the case against Plaintiff. Defendants each acted with malice.
41. The case was decided in Plaintiff’s favor on XXX.
42. These actions directly and proximately caused injuries and damages to plaintiff as claimed above, and constitute the tort of malicious prosecution.

COUNT 2

Intentional Infliction of Emotional Distress

43. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herei
44. Defendants intentionally engaged in extreme and outrageous behavior against Plaintiff, when they filed the frivolous lawsuit against plaintiff and demanded over $16,000,000 in damages.
45. Defendants are liable for this intentional infliction of emotional distress because it was proximately caused by their actions as set forth above.
46. The Defendants’ conduct occasioned Plaintiff much harm. For instance, Plaintiff was subjected to much harm, including anxiety, fear, anger, depression and humiliation.

COUNT 3

Conspiracy

47. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herei
48. Defendants reached an understanding, engaged in a course of conduct, and otherwise jointly acted and/or conspired among and between themselves to make false allegations against Plaintiff, and to intentionally inflict severe emotional distress upon Plaintiff.
49. The Defendants deliberately and recklessly failed to ascertain the proper party who should bear the responsibility for their alleged harms.
50. Defendants’ actions and/or inactions led to Plaintiff’s sufferings. For instance, Plaintiff was subjected to much harm, including anxiety, fear, anger, depression and humiliation.

JURY DEMAND

Plaintiff hereby demands a trial by jury.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff is entitled to damages from the Defendants, and he hereby prays that judgment be entered in his favor and against the Defendants and the following relief be issued:

1. Compensatory damages in an amount in excess of $___________;
2. Punitive damages in an amount sufficient to deter the Defendants’ conduct, jointly and severally from the Defendants;

• Plaintiff’s costs of suit herein; and

1. Such other relief as the Court deems just and proper.

 

______________________________   XXX   Pro se

Respectfully submitted:

 

Dated: __________

 

 

 

 

 

 

 

 

 

 

 

 

 

CERTIFICATE OF SERVICE

I hereby certify on the ____________day of _______________, XXX, that a true and correct copy of the foregoing Complaint were served by placing a copy in the United States Postal Service, with postage prepaid, addressed upon the following:

 

SERVICE ON:

[ENTER ADDRESS]

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