etno complaint

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E. KWIATKOWSKI’S RAMPANT THEFT COMES TO LIGHT

45. Unbeknownst to Plaintiffs, Kwiatkowski had been making improper

disbursements from the Joint Venture, CBG, and/or CCI bank accounts for some time. Until

recently, Kwiatkowski had gone to considerable lengths to hide his misappropriation of funds.

Indeed, Kwiatkowski went out of his way to ensure that the Plaintiffs were left in the dark

regarding CCI and CBG’s finances. For example, Kwiatkowski withheld passwords for CCI and

CBG’s on-line bank accounts from Mr. Galati, refused to name his as a signatory to those

accounts, and misled Mr. Galati even as to the existence of those accounts – even though Mr.

Galati was the treasurer of CCI.

46. However, in the spring of 2015, in the face of mounting financial pressures

having nothing to do with the Plaintiffs, Kwiatkowski became so careless, so desperate, or so

greedy that the Plaintiffs ultimately discovered his misconduct. First, Kwiatkowski (through his

limited liability company Etno) was in the midst of opening a new bar in Chicago’s Lincoln Park

neighborhood, the “Kings County Tap.” Second, on May 27, 2015, Kwiatkowski’s wife Jessica

filed a petition for dissolution of marriage against him in the Circuit Court of Cook County,

Illinois.

47. It was around this time that Kwiatkowski abandoned any pretense that he was

doing anything other than stealing from CCI, CBG, and the Joint Venture. On or around April

21, 2015 – after Mr. Galati had finally convinced Kwiatkowski to provide him access to CCI,

CBG’s, and the Joint Venture’s bank accounts – Mr. Galati noticed upon reviewing a statement

relating to CCI’s account with J.P. Morgan Chase Bank, N.A. (“Chase”) that the account had

been overdrawn. Mr. Galati found that hard to believe, so he investigated further – at which

point he discovered that Kwiatkowski had withdrawn $40,000 from CCI’s Chase account in a

13

single transaction, without authorization and without any legitimate reason.

48. Mr. Galati and Mr. Jordan immediately confronted Kwiatkowski, who offered no

excuse for his behavior and promised to return the $40,000. Although Kwiatkowski did so the

following day, he almost immediately began making further unauthorized withdrawals from

CCI’s Chase account in smaller amounts.

49. Upon reviewing CCI’s Chase bank account records in more detail shortly

thereafter, Mr. Galati discovered other improper distributions. More specifically, on May 2,

2015, Kwiatkowski made an unauthorized distribution to himself from the CCI Chase bank

account in the amount of $6,000. Additionally, on May 5, 2015, Kwiatkowski paid out $7,000

from the CCI Chase bank account to himself, ostensibly as a salary from CCI.

50. Because Kwiatkowski was not entitled to receive a salary from CCI, Mr. Galati

and Mr. Jordan confronted Kwiatkowski regarding these payments. When pressed, Kwiatkowski

admitted to the Plaintiffs that he was not entitled to receive a salary from CCI – he “just figured

he was owed” those payments regardless.

51. At this point, the Plaintiffs became understandably concerned that Kwiatkowski

was, at the very least, attempting to steal funds from CCI. Consequently, the Plaintiffs (in

association with the accountants for CCI, CBG, and the Joint Venture) performed an audit of

their companies’ finances. What they discovered was appalling.

52. Put simply, Kwiatkowski had been treating the CCI, CBG, and the Joint

Venture’s bank accounts as his own personal piggy banks for years. By way of example only

and not limitation, between November 2014 and July 2015, Kwiatkowski made over $204,000 in

unauthorized payments to himself from the CCI account. Although these were ostensibly

distributions from CCI, they were improper in that they were made in contravention of CCI’s by-

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laws (the “By-Laws) – which permit distributions only upon the approval of all of CCI’s

directors (of which Mr. Galati is one). (Exhibit 8). On information and belief, Kwiatkowski

continues making these improper distributions to this day.

53. In sum, on information and belief, between November 2014 and July 2015,

Kwiatkowski misappropriated over $170,000 in total from the CCI Chase bank account. A true

and correct copy of the report prepared by CCI, CBG, and the Joint Venture’s accountant

reflecting these disbursements is attached as Exhibit 9.

54. Kwiatkowski also misappropriated vast sums from an account CCI maintained at

North Community Bank (“North Community”).1 By way of example only and not limitation,

from October 2013 through May 2015, Kwiatkowski made over $460,000 in unauthorized

payments to himself from the CCI North Community bank account. Again, although these were

ostensibly distributions from CCI, they were improper in that they were made in contravention of

CCI’s By-Laws (as they were not made with the approval of all of CCI’s directors). On

information and belief, Kwiatkowski continues making these improper distributions to this day.

55. Additionally, between January, 2014 and December, 2014, Kwiatkowski

misappropriated $154,500 from CCI’s North Community bank account – and, on information

and belief, used those misappropriated funds to pay his capital contribution into another business

venture with Plaintiffs in Chicago’s River North neighborhood.

56. Furthermore, Kwiatkowski diverted funds from the CCI North Community bank

account to Etno, which prior to operating Kings County Tap operated a restaurant in Chicago’s

Lincoln Park neighborhood known as Etno Village Grill. From October 2012 through March

2015, Kwiatkowski diverted over $250,000 from CCI’s North Community bank account to Etno.

1 North Community changed its name to Byline Bank in or around February 2015. As used herein,

“North Community” shall mean and refer to North Community Bank and/or Byline Bank.