united states district court southern district of … · 2017. 7. 28. · silver law group 11780...

SILVER LAW GROUP 11780 West Sample Road $ Coral Springs, Florida 33065 $ Telephone (954) 755-4799 $ Facsimile (954) 755-4684

www.silverlaw.com

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

Civil Action No. 0:13-cv-61138-WJZ

GARRY BATES, an individual; and RENAE BATES, an individual,

Plaintiffs,

v.

WORLDPMX, INC., a Florida corporation; INVESTMENT QUALITY DIAMONDS, INC., a Florida corporation; SEAN MCCABE, an individual; AMERIFIRST TRADING CORP., a Florida corporation; C. LEO SMITH, an individual; and WORTH GROUP, INC., a Florida corporation, Defendants. ________________________________________________/

AMENDED COMPLAINT FOR DAMAGES

Plaintiffs, GARRY BATES, an individual; and RENAE BATES, an individual (hereinafter

“Plaintiffs”), by and through undersigned counsel, hereby sue Defendants, WORLDPMX, INC., a

Florida corporation (“WORLDPMX”); INVESTMENT QUALITY DIAMONDS, INC., a Florida

corporation (“IQD”); SEAN MCCABE, an individual (“MCCABE”); AMERIFIRST TRADING

CORP., a Florida corporation (“AMERIFIRST”); C. LEO SMITH, an individual (“SMITH”); and

WORTH GROUP, INC., a Florida corporation (“WORTH GROUP”) (collectively

“DEFENDANTS”); pursuant to the Florida Deceptive and Unfair Trade Practices Act

(“FDUTPA”), Chapter 501, Fla. Stat., and other violations of Florida state law to recover damages

for unlawful, deceptive, and misleading business practices in the State of Florida. In support

thereof, Plaintiffs state as follows:

Case 0:13-cv-61138-WJZ Document 30 Entered on FLSD Docket 08/09/2013 of 33

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Case No. 0:13-cv-61138-WJZ

- 2 - SILVER LAW GROUP

11780 West Sample Road $ Coral Springs, Florida 33065 $ Telephone (954) 755-4799 $ Facsimile (954) 755-4684 www.silverlaw.com

PRELIMINARY STATEMENT

1. This action seeks to remedy deceptive and systemic practices employed upon

Plaintiffs that is now rampant in the unregulated sale of precious metals, including the assessment of

exorbitant fees and commissions associated with the purported purchase of the metals -- purchases

that, in nearly all instances, never actually happen. Plaintiffs seek to bring an element of

transparency to the way DEFENDANTS market their business and exploit their customers by

highlighting the representations, and omissions, made to Plaintiffs, and the falsity, or misleading

nature, of those representations which resulted in Plaintiffs’ complete loss of their investment

capital. DEFENDANTS’ deceptions were perpetuated to prevent Plaintiffs from realizing that

investing with DEFENDANTS ensures nothing other than DEFENDANTS getting rich with

Plaintiffs’ money and Plaintiffs’ being bamboozled into a terrible investment which makes little

economic sense and, most likely, will never pay off. DEFENDANTS preyed upon, and took

advantage of, the trust placed in their hands by Plaintiffs.

2. The reality of the situation is that DEFENDANTS never possessed any precious

metal, never held title to any precious metal, and never had any enforceable commitment to receive

or direct delivery of precious metal. DEFENDANTS charged Plaintiffs a finance charge on a loan

balance but never disbursed any loan funds to, for, or on behalf of Plaintiffs. DEFENDANTS

charged Plaintiffs a storage fee based on the total metal value of each transaction, even though

DEFENDANTS never transferred, allocated, stored, or sold any physical metal to, for, or on behalf

of Plaintiffs.

3. Through false reports and statements, specifically the trade confirmations, the trade

lists, the position lists, the accountant statements, and the notices of allocation, DEFENDANTS

misrepresented to Plaintiffs that Plaintiffs bought, and DEFENDANTS had sold to them, precious

metal, and that DEFENDANTS held the precious metal underlying Plaintiffs’ purchases.


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4. Plaintiffs invested $1,500,000 with DEFENDANTS; and almost instantaneously

upon receipt of those funds, DEFENDANTS imposed upon Plaintiffs over $750,000 in fees, costs,

and commissions to invest their money in precious metals. Upon information and belief, this was a

sham physical position that did not exist.

5. DEFENDANTS claim to sell physical commodities, including gold, silver, platinum,

palladium, and diamonds, in off-exchange transactions to retail customers throughout the United

States. In presenting those products to customers such as Plaintiffs, DEFENDANTS make three

highly material misrepresentations. DEFENDANTS claim to: (1) sell and transfer to customers

ownership of physical metals; (2) make loans to customers to purchase the physical metals; and (3)

arrange for storage and store customers’ physical metals in independent depositories. In fact,

DEFENDANTS do not deal in physical metal. DEFENDANTS do not sell or transfer ownership

of any physical metals, and they do not disburse any funds as loans. Moreover, they do not store

physical metals in any depositories for or on behalf of customers. In effect, DEFENDANTS

charge customers exorbitant, deceptive, and misleading fees and commissions for purchasing metal

that is never actually purchased; charge customers exorbitant, deceptive, and misleading interest on

loans to buy precious metals that are never actually purchased; and charge customers exorbitant,

deceptive, and misleading insurance fees for metal in connection with paper transactions that only

provide retail customers a way to speculate on the price direction of metals.

GENERAL ALLEGATIONS

THE PARTIES

Plaintiffs

6. Plaintiff GARRY BATES is an individual domiciled in Dickinson, North Dakota; is

a citizen of the State of North Dakota; and is sui juris. At all times material hereto, GARRY BATES

was married to Plaintiff RENAE BATES.


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7. Plaintiff RENAE BATES is an individual domiciled in Dickinson, North Dakota; is

a citizen of the State of North Dakota; and is sui juris. At all times material hereto, RENAE BATES

was married to Plaintiff GARRY BATES.

WorldPMX, IQD, and McCabe

8. Defendant WORLDPMX is a Florida corporation with its principal place of business

in Fort Lauderdale, Florida. At all times material hereto, WORLDPMX maintained an office in, and

conducted business from, Fort Lauderdale, Florida; and for purposes of diversity jurisdiction, is a

citizen of the State of Florida.

9. Defendant IQD is a Florida corporation with its principal place of business in

Broward County, Florida. At all times material hereto, IQD maintained an office in, and conducted

business from, Broward County, Florida; and for purposes of diversity jurisdiction, is a citizen of the

State of Florida.

10. Defendant MCCABE is an individual domiciled in Sunny Isles Beach, Florida; is a

citizen of the State of Florida; and is sui juris. At all times material hereto, MCCABE was the

principal of WORLDPMX and IQD.

11. In essence, WORLDPMX, IQD, and MCCABE are all one-and-the-same.

WORLDPMX and IQD are “alter egos” of MCCABE, who dominates and controls the corporate

entities to further the fraudulent scheme.

AmeriFirst and Smith

12. Defendant AMERIFIRST is a Florida corporation with its principal place of

business in Oakland Park, Florida. At all times material hereto, AMERIFIRST maintained an office

in, and conducted business from, Oakland Park, Florida; and for purposes of diversity jurisdiction, is

a citizen of the State of Florida.


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13. Defendant SMITH is an individual domiciled in Broward County, Florida, is a citizen

of the State of Florida; and is sui juris. At all times material hereto, SMITH was the principal of

AMERIFIRST.

14. AMERFIRST and SMITH never possessed any precious metal, never held title to

any precious metal, and never had any enforceable commitment to receive or direct delivery of

precious metal on behalf of Plaintiffs. AMERFIRST and SMITH charged Plaintiffs a finance charge

on a loan balance but never disbursed any loan funds to, for, or on behalf of Plaintiffs.

AMERFIRST and SMITH charged Plaintiffs a storage fee based on the total metal value of each

transaction, even though AMERFIRST and SMITH never transferred, allocated, stored, or sold any

physical metal to, for, or on behalf of Plaintiffs.

15. AMERFIRST and SMITH, through false reports and statements, specifically the

trade confirmations, the trade lists, the position lists, the accountant statements, and the notices of

allocation, misrepresented to Plaintiffs that Plaintiffs bought, and that AMERFIRST and SMITH

sold to them, precious metal, and that AMERFIRST and SMITH held the precious metal underlying

Plaintiffs purchases.

Worth Group

16. Defendant WORTH GROUP is a Florida corporation with its principal place of

business in Jupiter, Florida. At all times material hereto, WORTH GROUP maintained an office in,

and conducted business from, Jupiter, Florida; and for purposes of diversity jurisdiction, is a citizen

of the State of Florida.

17. In addition to those persons and entities set forth as Defendants herein, there are

likely other parties who may well be liable to Plaintiffs, but respecting whom Plaintiffs currently lack

specific facts to permit them to name such person or persons as a party defendant. By not naming


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such persons or entities at this time, Plaintiffs are not waiving their right to amend this pleading to

add such parties, should the facts warrant adding such parties.

18. WORTH GROUP never possessed any precious metal, never held title to any

precious metal, and never had any enforceable commitment to receive or direct delivery of precious

metal on behalf of Plaintiffs. WORTH GROUP charged Plaintiffs a finance charge on a loan

balance but never disbursed any loan funds to, for, or on behalf of Plaintiffs. WORTH GROUP

charged Plaintiffs a storage fee based on the total metal value of each transaction, even though

WORTH GROUP never transferred, allocated, stored, or sold any physical metal to, for, or on

behalf of Plaintiffs.

19. WORTH GROUP, through false reports and statements, specifically the trade

confirmations, the trade lists, the position lists, the accountant statements, and the notices of

allocation, misrepresented to Plaintiffs that Plaintiffs bought, and that WORTH GROUP had sold

to them, precious metal, and that WORTH GROUP held the precious metal underlying Plaintiffs’

purchases.

JURISDICTION AND VENUE

20. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §

1332 because the amount in controversy exceeds Seventy Five Thousand Dollars ($75,000.00),

exclusive of interest, costs and attorneys’ fees, and is an action between citizens of different states.

21. This Court has personal jurisdiction over the defendants because: (a) the corporate

defendants are business entities operating, present, and/or doing business within this jurisdiction,

(b) the individual defendants are individuals residing and working within this jurisdiction, and (c) the

defendants’ contractual breaches and tortious activity occurred within this jurisdiction.

22. Venue of this action is proper in this Court pursuant to 28 U.S.C. § 1391, as the

causes of action alleged herein arose in Broward County, Florida.


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FACTUAL ALLEGATIONS APPLICABLE TO ALL COUNTS

The Mechanics of Defendants’ Fraudulent Business

a. The Roles Each Participant Played in the Fraud

23. WORLDPMX, generally through telephone solicitations, pitches a potential

customer on the prospect of investments in physical bullion (i.e., gold, silver, and platinum).

Through its initial solicitation, WORLDPMX represents that the customer is purchasing, and that

WORLDPMX is selling, physical precious metals. WORLDPMX neither sells nor controls any

physical precious metals. WORLDPMX merely is a pass-through entity working in collaboration

with others discussed below who were paid exorbitant commissions for successful solicitations.

24. WORLDPMX markets to the customer a financing program, wherein the customer

only needs to pay a percentage equity deposit of the total metal value, generally 20%. WORLDPMX

represents that it will loan the customer the remaining percentage of the funds for a finance charge.

WORLDPMX represents that the customer then purchases, and WORLDPMX sells to that

customer, the total quantity of physical metal. WORLDPMX represents that it would then transfer,

in the customer’s name, the total quantity of physical metal to a depository to be segregated from all

other purchased metals and held there in the customer’s name.

25. In reality, WORLDPMX never possesses any precious metals, never holds title to

any precious metals, and never has any enforceable commitment to receive or direct delivery of

precious metals. WORLDPMX has no precious metals to sell to investors such as Plaintiffs and

never actually consummates an actual sale of any physical product to its customers.

26. WORLDPMX is essentially operating the “front end” of the precious metals fraud

transaction as a commissioned sales broker for AMERIFIRST, WORTH GROUP, and SMITH

(“The Dealers”). WORLDPMX’s role is to solicit customers to invest in retail financed transactions

and to relay customer orders and funds to The Dealers, who are the true counterparties on the


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“back end” of the transaction. Upon information and belief, The Dealers provided back office

administrative support to WORLDPMX, including providing WORLDPMX with sales scripts to

foster client solicitations, contracts for clients, and preparing individual statements for clients to be

placed on WORLDPMX letterhead.

27. Once WORLDPMX passes the customer order and money to The Dealers and

passes the trade confirmation to the customer, WORLDPMX is paid by The Dealers and no longer

has much of a functional role in the transaction – except to create new transactions. WORLDPMX

receives a commission from The Dealers based on the dollar value of the transaction entered into

for customers. The Dealers compensate WORLDPMX with a portion of the price spread, interest,

and additional service fees charged to customers, though this additional compensation is not

disclosed to customers. Additionally, The Dealers purchase pooled precious metals from yet

another market maker, pay an additional price spread, and assess that cost to customers, which is

also not disclosed to customers.

28. The above-described scheme is understood, agreed-to, and participated in by all

DEFENDANTS. Whether serving as “front end” or “back end” operators, each defendant has a

role to play and must fulfill its/his role for the fraudulent scheme to succeed.

29. As referenced above, as part of their business model, DEFENDANTS misrepresent

and fail to disclose the total costs of consumers’ investments – a misrepresentation and failure of

which Plaintiffs were a victim. WORLDPMX on behalf of The Dealers, and with their knowledge

and consent, misrepresents or fail to disclose the fees, commissions, or interest that consumers are

required to pay to purchase or acquire the purported precious metals. Utilizing deceptive and

misleading tactics, each customer, such as Plaintiffs, does not realize that over 45 percent of the

money a consumer pays to DEFENDANTS is generally used to pay fees and commissions.


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30. DEFENDANTS’ customers who purchase precious metals, including Plaintiffs, see

the equity in their precious metals investments drained by fees and commissions that are assessed at

the inception of their transactions and by the constant accumulation of interest charges on the

leverage portion of their accounts. The fees, commissions, and interest charges negatively affect

consumers’ ability to break-even or profit on the precious metals investments. On information and

belief, most customers utilizing this investment vehicle lose money. In a recent lawsuit brought in

this district by the United States Commodity Futures Trading Commission against a similar set of

inter-related corporate defendants and individuals who were operating a precious metals investment

scheme, it was estimated by the court-appointed Special Monitor and Corporate Manager that nearly

95% of customers utilizing these types of investment vehicles lose money.

b. The Customer Transaction Documents

31. When a customer sent sufficient funds to WORLDPMX, WORLDPMX provided

the customer with a trade confirmation. The trade confirmation contained WORLDPMX’s name

and/or logo. The trade confirmation showed that the customer had purchased the “Total Ounces”

of metal at a given price.

32. WORLDPMX also gave the customer access on WORLDPMX’s website to a portal

from which the customer had access to a variety of documents, including trade lists, position lists,

account statements, and notices of allocation.

33. In reality, The Dealers created all the customer documents related to the transaction:

the trade confirmation, the trade list, the position list, the account statement, and the notice of

allocation. The Dealers provided the trade confirmation to WORLDPMX, and The Dealers knew

that WORLDPMX then provided the trade confirmation to the customer. The Dealers also

controlled the website portal (the “Dealer Portal”) that provided the customer direct access to the


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c. The Fraudulent Misrepresentations, Omissions, and Deception

34. Through false reports, statements, and other documents, DEFENDANTS

misrepresent to the customer that the customer buys, and WORLDPMX sells, precious metal, and

that WORLDPMX holds the precious metal underlying the customer purchase.

35. Through false reports, statements, and other documents, DEFENDANTS

misrepresent to the customer that WORLDPMX makes a loan to the customer to enable the

customer to purchase the 80% balance of metal.

36. These reports, statements, and other documents, are false and deceptive.

WORLDPMX never has possession of, title to, or any enforceable commitment of precious metal.

WORLDPMX could not and does not actually transfer, allocate, or sell any precious metal to the

customer. Likewise, DEFENDANTS do not actually transfer, allocate, or sell any precious metal to

the customer. DEFENDANTS charge the customer a storage fee, even though no metal is ever

transferred, allocated, or sold to the customer.

37. The customer never receives, and WORLDPMX never makes, any loan.

WORLDPMX never disburses any loan funds to the customer. Likewise, DEFENDANTS never

disburse any loan funds to the customer. DEFENDANTS charge the customer a finance fee, even

though no loan is ever made to the customer.

38. Lastly, DEFENDANTS falsely represent and/or fail to disclose to customers the

true amount of fees, charges, commissions, and the like that are assessed upon the customers. While

DEFENDANTS’ revenues go up, customers’ invested funds disappear to the point that it is almost

inconceivable that anyone would invest in such a program if the truth were revealed.


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Plaintiffs’ Introduction to the World of Fraudulent Precious Metals Transactions

39. In March 2012, Plaintiffs were contacted by a “cold call” from Roland “Joseph”

Tallo (“TALLO-WPMX”) – who held himself out to be a representative of WORLDPMX –

pitching investments in physical bullion (i.e., gold, silver, and platinum) as well as precious gems.

40. Although Plaintiffs were unaware of it at the time, an investigation of WORLDPMX

in advance of filing this suit has revealed that, prior to him telephonically soliciting Plaintiffs,

TALLO-WPMX was criminally convicted in the State of Florida in 2004 for unlicensed

telemarketing (Case No. 04004948CF10D). TALLO-WPMX was incarcerated in the State of

Florida from September 14, 2004 until October 1, 2005.

41. TALLO-WPMX made several representations to Plaintiffs to persuade them to

invest through WORLDPMX.

42. At that time, as an inducement to cause Plaintiffs to invest, TALLO-WPMX made

the following representations to Plaintiffs:

(a) he was the agent of, or employed by, WORLD-PMX,

(b) he was advising Plaintiffs about the opportunity to invest in precious metals,

(c) he had extensive experience in the precious metals business,

(d) all individuals who invested through him and WORLDPMX had made substantial returns on their investments with little to no risk,

(e) Plaintiffs need not take delivery of the precious metals they purchase because WORLDPMX would store the metals for them, and

(f) WORLDPMX was a leading precious metals dealer, and its fees were competitive within the industry.

43. TALLO-WPMX’s sales pitch was consistent with publicly available marketing

material of WORLDPMX.

44. Consistent with DEFENDANTS’ concerted and fraudulent investment scheme,

WORLDPMX’s marketing materials and website represent that: (1) retail customers can purchase


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physical commodities, including gold, silver, platinum, palladium, and diamonds, by paying as little

as 20% of the purchase price; (2) WORLDPMX will lend the customer the remaining portion of the

purchase price and charge the customer interest on the loan; (3) the customer receives title to the

physical commodity after the purchase; and (4) WORLDPMX will store the physical commodities at

an independent depository on the customer’s behalf. Additionally, when soliciting customers

through their marking materials and websites, WORLDPMX touted the safety and security and

limited risk of these transactions.

Plaintiffs’ Unwitting Investments in the Fraudulent Precious Metals Scheme

45. Based on the representations cited above, Plaintiffs elected to establish an account

with WORLDPMX, retain TALLO-WPMX as their agent, and send funds by wire transfer.

Plaintiffs were compelled to sign a host of account opening documents and were told they would be

paying a 15% commission. To the best of their knowledge, Plaintiffs never executed any paperwork

with The Dealers.

46. Notwithstanding the disclosures relating to investment risk, fees, and expenses

contained in the paperwork Plaintiffs were required to sign in connection with opening an account

with WORLDPMX, there still remained many undisclosed facts that were withheld from Plaintiffs

that essentially render the written disclosures utterly hollow, as the undisclosed facts are those that

render the investment in precious metals a colossal disaster for investors such as Plaintiffs.

47. After depositing funds with WORLDPMX, Plaintiffs were charged:

(a) a commission (typically 36+% of the funds sent to WORLDPMX),

(b) a price spread (a 3-5% mark-up taken immediately upon purchase),

(c) interest on the purported loan (at an annual approximate rate of prime +6.5), and

(d) other fees (such as a “service fee”).


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48. Plaintiffs’ equity position increased or decreased as prices of metals fluctuated, while

also subject to depletion on a daily basis by interest and service fees.

49. Despite requests for an explanation, WORLDPMX did not fully and properly disclose

to Plaintiffs the actual amounts of the exorbitant, deceptive, and misleading fees and commissions it

had charged Plaintiffs for purportedly purchasing metal through WORLDPMX. Similarly,

WORLDPMX did not explain what value Plaintiffs would be receiving for the fees and commissions.

50. Likewise, WORLDPMX did not disclose that almost all of their clients lost their

entire investments because the fees, costs, and commissions imposed upon each of those clients

required an unrealistic and unprecedented rise in the value of precious metals to avoid a margin call

and to keep the clients’ investments viable.

51. In fact, after soliciting Plaintiffs, WORLDPMX did not actually sell any precious

metals directly to Plaintiffs or buy for Plaintiffs any precious metals to be held specifically in their

name(s). Once Plaintiffs agreed to place an order to purchase metal, WORLDPMX contacted The

Dealers to place the actual trade order for Plaintiffs.

52. The Dealers functioned as WORLDPMX’s clearinghouse. However, The Dealers

did not own any actual physical metal or purchase any precious metals directly for WORLDPMX;

instead, The Dealers pooled purchases of precious metals purchased for other traders. Moreover,

the charges being assessed by The Dealers -- and how those charges were draining Plaintiffs’

investment funds -- were never fully or accurately disclosed to Plaintiffs.

53. Throughout the length of their relationship, Plaintiffs only transferred money to

WORLDPMX, not to The Dealers. However, once WORLDPMX received funds from Plaintiffs,

WORLDPMX transferred portions of those funds to The Dealers.

54. WORLDPMX and The Dealers entered into a conspiracy to defraud Plaintiffs and

customers like them. The conspiracy was created and agreed-to by TALLO-WPMX, MCCABE,


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SMITH and The Dealers, and others at WORLDPMX and The Dealers, including the corporate

entities identified as defendants herein which were created and operated by MCCABE, SMITH, and

their cohorts.

55. All DEFENDANTS knew or acted with reckless disregard for the fact that the vast

majority of their customers lose and have lost money in connection with WORLDPMX. The

reason the vast majority of customers lose money is because of the false and deceptive advertising

and lack of full disclosure to the customers.

56. Furthermore, TALLO-WPMX, as a representative of WORLDPMX and The

Dealers, failed to disclose to Plaintiffs that their investment transactions were subject to exorbitant

rates of interest and fees that, in essence, precluded them from garnering any profit on their

investments.

57. Those excessive and unwarranted fees amount to nearly 50% of all of the funds

Plaintiffs invested with DEFENDANTS. By incurring such an exorbitant amount of fees, costs,

and charges, Plaintiffs’ ability to make a profit or simply break-even with their investments was

limited to the point of almost being non-existent.

58. The following chart represents the amount wired by Plaintiffs and how their

investment was treated on the very first day DEFENDANTS had their hands on Plaintiffs’ money:

TRADE DATE

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3/8/12 $100,000 Silver $45,935.20 $54,064.80 45.94 % 3/16/12 $260,000 Gold $125,918.00 $134,082.00 48.43 % 3/16/12 $390,000 Silver $193,145.30 $196,854.70 49.52 % 3/30/12 $100,000 Silver $34,129.77 $65,870.23 34.13 % 3/30/12 $250,000 Platinum $135,260.10 $114,739.90 54.10 % 8/8/12 $400,000 Gold $210,405.00 $189,595.00 52.60 %

TOTAL: $1,500,000 $744,793.37 $755,206.63 49.65 %


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59. DEFENDANTS falsely represented each investment as a good investment despite

the fact that they knew that Plaintiffs were losing nearly 50% of their investment on the very first

day in inflated prices and commissions.

60. Out of the nearly $1,500,000 Plaintiffs invested with the DEFENDANTS, they lost

almost all of it, which loss was predominantly attributable to excessive administrative fees, interest

payments, undisclosed mark-ups, and mark-downs.

61. Upon information and belief, none of the above transactions ever took place.

62. The representations made by TALLO-WPMX, individually and on behalf of

WORLDPMX and The Dealers, as cited above, were false and fraudulent at the time they were

made in that DEFENDANTS had a then-present intention to deceive Plaintiffs, in that:

(a) TALLO-WPMX had little, if any, experience in the precious metals business,

(b) TALLO-WPMX was only recently employed by WORLDPMX. He was not employed as an “account executive” but only as a “cold caller”

(c) none of TALLO-WPMX or WORLDPMX’s so-called clients had made any money from their investments made through him or WORLDPMX or The Dealers,

(d) all of the representations TALLO-WPMX had made to Plaintiffs came generally from a sales script that had been prepared by WORLDPMX and/or The Dealers,

(e) the representations made to Plaintiffs that there was little to no risk involved in precious metals investing was completely false,

(f) neither WORLDPMX nor The Dealers had the ability to store the metals that they purportedly purchased on Plaintiffs’ behalf, assuming the metals were ever actually purchased,

(g) any metals that were purchased with Plaintiffs funds were not purchased or placed in a segregated account as represented to them, and

(h) Plaintiffs were charged commission and fees that were not disclosed to them in advance.


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63. Though under a duty to do so, DEFENDANTS failed to advise Plaintiffs of the

following material facts:

(a) TALLO-WPMX had little, if any, experience in the precious metals business;

(b) TALLO-WPMX had been hired as a “cold caller” with instructions from his employer to say anything he could think of to close a sale;

(c) Most if not all of the representations TALLO-WPMX made to Plaintiffs came from a script prepared by DEFENDANTS -- a script that was materially misleading concerning DEFENDANTS’ business, the relationship between the WORLDPMX and The Dealers, the success of investing through these entities, and the expenses associated with doing business with them;

(d) The leveraged accounts and transactions included excessive administrative fees, excessive interest payments, undisclosed mark-ups and mark-downs;

(e) The purchase and sale price of the metals in Plaintiffs’ account were arbitrarily established by WORLDPMX and The Dealers;

(f) The storage and financing charges to which Plaintiffs were exposed were so great that it made it almost impossible for Plaintiffs to break even on any transaction, much less to make a profit;

(g) At no time did WORLDPMX or The Dealers store any precious metals on behalf of Plaintiffs;

(h) DEFENDANTS were nothing more than a “boiler room” operation dealing in the unregulated precious metals business;

(i) AMERIFIRST, SMITH, and WORTH GROUP charged a fictitious finance charge on the loan balance but never disbursed any loan funds to, for, or on behalf of Plaintiffs;

(j) AMERIFIRST, SMITH, and WORTH GROUP charged fictitious storage fees based on the total metal value of each transaction, even though AMERIFIRST, SMITH, and WORTH GROUP never transferred, allocated, stored, or sold any physical metal to, for, or on behalf of Plaintiffs;

(k) Each and every report and statement prepared by AMERIFIRST, SMITH, and WORTH GROUP, specifically the trade confirmations, the trade lists, the position lists, the account statements, and the notices of allocation, misrepresented to Plaintiffs that Plaintiffs bought, and that AMERIFIRST and/or WORTH GROUP sold to


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i. Through these false reports and statements, specifically the trade lists and the account statements, AMERIFIRST and WORTH GROUP misrepresented to Plaintiffs that AMERIFIRST and WORTH GROUP made loans to Plaintiffs to enable Plaintiffs to purchase 80% balance of metal;

ii. The trade confirmations, trade lists, position lists, account statements, and notices of allocation were false and deceptive. AMERIFIRST and WORTH GROUP, in near identical fashion, never had possession of, title to, or any enforceable commitment of precious metal;

iii. AMERIFIRST and WORTH GROUP could not and did not actually transfer, allocate, or sell any precious metal to Plaintiffs;

iv. AMERIFIRST and WORTH GROUP charged Plaintiffs a storage fee, even though no metal was ever transferred, allocated, or sold to Plaintiffs; and

v. AMERIFIRST and WORTH GROUP never made an actual loan to Plaintiffs. AMERIFIRST and WORTH GROUP never dispersed any actual loan funds to Plaintiffs. AMERIFIRST and WORTH GROUP charged Plaintiffs a finance fee, even though no loan was ever actually made to Plaintiffs.

64. Attached hereto as Composite Exhibit “A” is an exemplar of the documents

DEFENDANTS created containing the false and misleading information purporting to represent

Plaintiffs’ positions, costs, and the overall summary of Plaintiffs’ supposed transactions. Consistent

with the fraudulent scheme described above, the AMERIFIRST document, for example:

(a) Is maintained on the Dealer Portal;

(b) Is accessible through the web domain maintained by AMERIFIRST (www.amerifirsttrading.com); and

(c) Contains information in its web address clearly showing that AMERIFIRST provides “back office,” “admin[istrative]” support purporting to reflect Plaintiffs’ “acc[ount] summary.”


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65. The representations made to Plaintiffs by DEFENDANTS referenced above were

false and fraudulent at the time they were made in that:

(a) Upon information and belief, Plaintiffs’ position as an investor in, and purchaser of, the precious metals they were purportedly sold was a sham, as the position did not exist;

(b) The investments DEFENDANTS made on Plaintiffs’ behalf bore no rhyme or reason to what was going on in the precious metals market relative to the value of the metals to be purchased;

(c) TALLO-WPMX and DEFENDANTS could not truthfully represent these investments would bring “substantial returns” for Plaintiffs’ account because of excessive administrative fees, excessive interest payments, undisclosed mark-ups and mark-downs; and

(d) TALLO-WPMX and DEFENDANTS never actually purchased nor stored any alleged precious metal on behalf of Plaintiffs specifically.

66. DEFENDANTS intended Plaintiffs to rely upon the representations that they made

or caused to be made to Plaintiffs, and DEFENDANTS purposely omitted from those

representations certain material facts -- all of which were representations upon which Plaintiffs relied

to their detriment.

Plaintiffs’ Unwitting Investment in Precious Stones

67. DEFENDANTS’ misrepresentations were not limited to precious metals. Their

scheme also included inducements to get Plaintiffs to invest in precious stones as well at prices that

were grossly inflated and unrelated to the stones’ actual value.

68. For example, on or about April 18, 2013, WORLDPMX induced Plaintiffs to invest

$345,000 in a precious stone that WORLDPMX described thusly:

.31 carat Cut-Cornered Rectangular Modified Brilliant Cut Fancy Red Diamond, Clarity SI2, GIA Cert. # 2155160180

69. Upon information and belief, the value of the diamond is nowhere near what

Plaintiffs were induced to pay for it. On information and belief, the diamond is worth between

$50,000 and $125,000.


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70. On or about May 4, 2013, Plaintiffs were informed that on or about May 3, 2013,

their diamond had been shipped to the GIA laboratory in New York City for re-certification.

Attached hereto as Exhibit “B” is an image of the Brinks Global Services Pickup Manifest

purporting to reflect shipment of the diamond to GIA New York. The Pickup Manifest patently

states that only one piece of merchandise, valued at $345,000, was in the package shipped.

Moreover, TALLO-WPMX told Plaintiffs that everything in the shipped package belonged to

Plaintiffs.

71. Attached hereto as Exhibit “C” is a true and correct copy of the Brinks Global

Services Delivery Manifest purporting to reflect GIA New York’s receipt, on or about May 4, 2013,

of the one shipped item valued at $345,000.

72. For reasons not known to Plaintiffs at the time, the shipper on the Pickup Manifest

and the Delivery Manifest was identified as IQD. As Plaintiffs have learned since May 4, 2013, IQD

is one of the many shell corporations through which MCCABE operates the fraudulent scheme

detailed herein. IQD and WORLDPMX are simply the alter-ego of MCCABE. Because neither

IQD or WORLDPMX are legitimate businesses, they are simply shell companies to deflect liability

from MCCABE and contribute to DEFENDANTS’ deceptive and fraudulent scheme.

73. Included within the standard Brinks Global Services shipping contract typically used

for shipments like the one described herein is the following language:

CUSTOMER REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION OF BRINK’S. By signing this Contract and designating a Service(s) for each Shipment tendered to Brink’s, You agree to all of the terms of this Contract on behalf of Yourself and any third party with an interest in the Shipment. You further represent, warrant and/or undertake, as the case may be, to the following:

* * *

2. You are authorized to designate a Service and accept the terms of this Contract on behalf of Yourself and on behalf of all other persons or entities, who or which


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3. You have properly and accurately described the Property in the Shipment and declared its actual monetary value both for customs purposes (“Customs Value”) and for carriage purposes (“Declared Value”). The Shipment is properly marked, addressed or otherwise identified and packed to ensure safe transportation during ordinary handling in transit.

4. You agree to be bound by the accuracy of all descriptions, valuations and other particulars furnished to Brink’s for customs, consular and other purposes.

* * *

(Emphasis added).

74. Unbeknownst to Plaintiffs at the time, and contrary to the information provided to

Plaintiffs and the information contained in the shipping documentation, WORLDPMX, IQD, and

MCCABE had actually placed in the May 3, 2013 shipping package to GIA New York three

diamonds, not one. Notwithstanding the inclusion of two additional diamonds, WORLDPMX,

IQD, and MCCABE still stated the “carriage value” of the package as being $345,000 -- the exact

amount of money Plaintiffs had paid for their diamond(s). WORLDPMX, IQD, and MCCABE did

this to fool Plaintiffs into paying for three diamonds while only acknowledging Plaintiffs’ ownership

of one of the diamonds.

75. Because Plaintiffs made an arm’s length, good faith, bona fide purchase for the value

of $345,000, all three diamonds contained in the package shipped to GIA New York rightfully

belong to Plaintiffs.

76. In the weeks following the shipment noted above, WORLDPMX, IQD, and

MCCABE -- both through MCCABE and other representatives of WORLDPMX, IQD, and

MCCABE -- have made the following false statements:

(a) WORLDPMX, IQD, and MCCABE sent separate shipments to GIA New York and that the three diamonds were not shipped together;


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(b) Plaintiffs only own one of the three diamonds in the package, despite the fact that IQD and MCCABE stated the carriage value of the three-diamond package was identical to the exact amount paid by Plaintiff;

(c) Only one of the three diamonds in the May 3, 2013 package was insured, and it is only that diamond to which Plaintiffs may claim an ownership interest, even though Plaintiffs paid a value equivalent to the entire contents of the package; and

(d) Unnamed and unidentified purported clients of WORLDPMX, IQD, and MCCABE have made demands for the release of the two other diamonds that were shipped to GIA New York.

77. Each of the above-referenced statements has already been retracted by

WORLDPMX, IQD, and MCCABE, has been refuted by contrary documentary evidence, or will be

proven to be false in short order through this litigation.

78. For example, attached hereto as Exhibit “D” is a true and correct copy of a May 3,

2013 letter purportedly sent from IQD to GIA New York as a cover letter with the May 3/May 4

shipment of Plaintiffs’ merchandise. This letter, which was not originally copied to Plaintiffs, was

provided by GIA to undersigned counsel after the initial Complaint was filed and served upon the

defendants. This exhibit -- which is IQD’s own letterhead -- clearly shows that WORLDPMX,

IQD, and MCCABE’s statement that the diamonds were shipped separately is false.

79. It is apparent now that with regard to their purchase of the diamond(s), along with

DEFENDANTS’ other wrongful activity, Plaintiffs are victims of a fraud. Plaintiffs were induced

to pay a value of $345,000 for something WORLDPMX, IQD, and MCCABE now insist Plaintiffs

do not own or which, alternatively, is worth far less than $345,000.

80. Plaintiffs have made repeated demands upon WORLDPMX, IQD, and MCCABE

for a full refund of their $345,000 in exchange for Plaintiffs’ agreement to release their claim to any

of the diamonds that were shipped to GIA New York on or about May 3, 2013. MCCABE,

individually and on behalf of his corporate entities, has admitted that he cannot refund the money


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because the money has already allegedly been invested in precious metal mines in a foreign country.

Because the money has already been transferred out of the country, Plaintiffs have no adequate

remedy at law and face an injury that cannot be repaired.

81. Only through DEFENDANTS’ tricks and artifice were they able to dupe Plaintiffs

into paying such an overinflated price for the yet-to-be-seen diamond.

82. The diamonds are currently being held by the Gemological Institute of America,

which has stated to counsel for the parties that it will agree to hold all three diamonds until this

matter is resolved, unless otherwise directed by this Court.

Defendants’ Inter-Relatedness and Control Over One Another

83. The Dealers knew and accepted the fact that TALLO-WPMX and WORLDPMX

were making the aforesaid representations to investors, including Plaintiffs, on their own behalf as

well as on behalf of The Dealers. Moreover, The Dealers were aware of the content and nature of

the misrepresentations made to investors, including Plaintiffs, as some of those misrepresentations

were born out of a sales script created, in various degrees, by all of the DEFENDANTS.

84. TALLO-WPMX and WORLDPMX knew that the misrepresentations they were

making to investors and potential investors inured not only to their benefit but also to the benefit of

The Dealers as well.

85. DEFENDANTS coordinated the fraudulent scheme by working in concert with one

another. They each had a measure of control over the course of the scheme and the actors through

whom the scheme was enacted. Moreover, any one of them could have put a stop to, or withdrawn

from, the scheme at any point.

86. Some of the defendants are so closely related to one another that they are, in

essence, one-and-the-same. As noted above, both WORLDPMX and IQD are “alter egos” of


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MCCABE, who dominates and controls the corporate entities to further the fraudulent scheme.

The same can be said of the relationship between AMERIFIRST and SMITH.

87. Both WORLDPMX and IQD are used by MCCABE to further his own fraudulent

or misleading purposes, and AMERIFIRST is used in a similar manner by SMITH.

Additional Fraudulent Precious Metals Schemes

88. As recently as a week before this Amended Complaint is being filed, the U.S.

Commodity Futures Trading Commission (CFTC) announced that it had filed a civil injunctive

enforcement action against a corporate entity apparently related to AMERIFIRST who had enacted

a similar fraudulent precious metals scheme upon unsuspecting investors.

89. According to the CFTC’s Complaint, filed on July 29, 2013 in the mater styled CFTC

v. AmeriFirst Management LLC, et al., U.S. District Court - S.D. Fla. - Case No. 13-cv-61637 (WPD):

AmeriFirst Management LLC held itself out as a precious metals wholesaler and clearing firm, operating through a network of more than 30 precious metals dealers;

A typical customer would give a 20% deposit on the total value of the metal purportedly purchased, and the dealer would make a loan to the customer for the remaining 80%, supposedly sold the customer the total metal amount, and supposedly allocated the total metal amount at a depository to be held for the customer.

AmeriFirst Management LLC created customer documents that represented that the dealer had in fact made a loan to the customer and sold and allocated the total metal amount to the customer. However, the documents created were false because the dealer never made a loan to the customer, nor did the dealer sell or allocate any metal to the customer.

Despite the fact that there was no loan and no metal was allocated to the customer, AmeriFirst Management LLC charged the customer finance and storage fees for the non-existent transaction(s).

90. Though AmeriFirst Management LLC (the defendant in the CFTC case) and

AmeriFirst Trading Corporation (the defendant in the instant matter) appear on the surface to be


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distinct South Florida-based legal entities, the fact that they share a similar name and a similar

fraudulent business model should come as no surprise, as the CFTC has alleged in its lawsuit that

AmeriFirst Management LLC is a successor entity to AmeriFirst Trading Corporation, with

AmeriFirst Management LLC operating in a much broader space (relationships with over thirty

dealers) than AmeriFirst Trading Corporation (relationships with only a small handful of dealers).

AmeriFirst Trading Corporation continues to exist today, though AmeriFirst Management LLC was

voluntarily dissolved as a legal entity in early-2013.

91. Both AmeriFirst Management LLC and AmeriFirst Trading Corporation were

involved in processing Plaintiffs’ investments. According to the documentation provided to

Plaintiffs by DEFENDANTS that purport to memorialize precious metals purchases made on

behalf of Plaintiffs, several of the order confirmations were channeled through e-mail accounts with

the domain name “@amerifirstmgmt.com“ such as “[email protected]“ and

“[email protected].“ At other times, the order confirmations were channeled through e-

mail accounts with the domain name “@amerifirsttrading.com” such as

“[email protected]” and “[email protected].”

Plaintiffs Have Been Harmed and Have Now Brought This Lawsuit

92. Plaintiffs did not know, and through the exercise of reasonable diligence could not

have discovered, the fraud that was being perpetrated upon them by DEFENDANTS.

93. DEFENDANTS’ actions, omissions, and misrepresentations constituted a fraud

and deceit on Plaintiffs.

94. As a result of the above-cited actions, omissions and misrepresentations, Plaintiffs

have been damaged in that they have lost all or a portion of their invested capital.


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95. As of the date of this filing, DEFENDANTS have failed and/or refused to provide

Plaintiffs any paperwork to assist Plaintiffs with the tax treatment of Plaintiffs’ losses as they relate

to their investments with DEFENDANTS.

96. Plaintiffs have duly performed all of their duties and obligations, and any conditions

precedent to Plaintiffs bringing this action have occurred, have been performed, or else have been

excused or waived.

97. To enforce their rights, Plaintiffs have retained undersigned counsel and is obligated

to pay counsel a reasonable fee for its services, for which DEFENDANTS are liable as a result of

their bad faith and otherwise.

COUNT I – VIOLATION OF FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT,

CHAPTER 501, § 211(1), FLA. STAT. (“FDUTPA”) [AGAINST WORLDPMX, MCCABE,

AMERIFIRST, AND SMITH]

Plaintiffs re-allege, and adopt by reference herein, Paragraphs 1 - 97 above, and further allege:

98. Chapter 501, Fla. Stat., Florida’s Deceptive and Unfair Trade Practices Act is to be

liberally construed to protect the consuming public, such as Plaintiffs in this case, from those who

engage in unfair methods of competition, or unconscionable, deceptive or unfair acts or practices in

the conduct of any trade or commerce.

99. Plaintiffs are “consumers” within the meaning of Fla. Stat. § 501.203(7).

100. DEFENDANTS engaged in “trade and commerce” within the meaning of Fla. Stat.

§501.203(8).

101. While FDUTPA does not define “deceptive” and “unfair,” it incorporates by

reference the Federal Trade Commission’s interpretations of these terms. The FTC has found that a

“deceptive act or practice” encompasses “a representation, omission or practice that is likely to

mislead the consumer acting reasonably in the circumstances, to the consumer’s detriment.”


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102. The federal courts have defined a “deceptive trade practice” as any act or practice

that has the tendency or capacity to deceive consumers and have defined an “unfair trade practice”

as any act or practice that offends public policy and is immoral, unethical, oppressive, unscrupulous,

or substantially injurious to consumers.

103. DEFENDANTS’ acts and omissions of representing to Plaintiffs that, among other

things:

(a) TALLOW-WPMX was the agent of, or employed by, WORLD-PMX,

(b) TALLOW-WPMX was advising Plaintiffs about the opportunity to invest in precious metals,

(c) TALLOW-WPMX had extensive experience in the precious metals business,

(d) all individuals who invested through TALLOW-WPMX and WORLDPMX had made substantial returns on their investments with little to no risk,

(e) Plaintiffs need not take delivery of the precious metals they purchased because WORLDPMX would store the metals for them,

(f) Plaintiffs would not be charged any commission or fees that were not otherwise disclosed to them, and

(g) Each and every report and statement prepared by WORLDPMX, AMERIFIRST, and WORTH GROUP, specifically the trade confirmations, the trade lists, the position lists, the account statements, and the notices of allocation, accurately and truthfully represented to Plaintiffs the positions, costs, and the overall summary of Plaintiffs’ supposed transactions through DEFENDANTS

constitute both deceptive and unfair trade practices because the false representations and omissions

made by DEFENDANTS have a tendency or capacity to deceive consumers, such as Plaintiffs, into

investing in DEFENDANTS’ fraudulent precious metals scheme and are immoral, unethical,

oppressive, unscrupulous, or substantially injurious to consumers.


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104. As a result of DEFENDANTS’ deceptive trade practices, Plaintiffs were deceived

into placing their money into a terrible investment which makes little economic sense and, the way

DEFENDANTS had their scheme rigged, most likely will never pay off for Plaintiffs -- thus causing

significant economic damage to Plaintiffs.

105. The materially false statements and omissions as described above, and the fact that

this was a sham investment, were unfair, unconscionable, and deceptive practices perpetrated on

Plaintiffs which would have likely deceived a reasonable person under the circumstances.

106. DEFENDANTS were on notice at all relevant times that the false representations of

material facts described above were being communicated to prospective customers (such as

Plaintiffs) by their authorized agents and, in fact, rewarded their top salespeople (such as TALLOW-

WPMX) to increase their earned commissions and increase the revenue garnered by

DEFENDANTS.

107. As a result of the false representations described above, Plaintiffs have been

damaged by, among other things losing all or a portion of their invested capital and being assessed

an inordinate amount of fees, price spreads, commissions, and interest to an extent that essentially

precluded Plaintiffs from receiving a positive return on their investments.

108. Plaintiffs have also been damaged in other and further ways subject to proof at trial.

109. Therefore, DEFENDANTS engaged in unfair and deceptive trade practices in

violation of Section 501.201 et seq., Fla. Stat.

110. At all times material hereto, WORLDPMX was an “alter ego” of MCCABE and

served as a corporate entity he dominated and controlled to further DEFENDANTS’ fraudulent

scheme.


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111. Similarly, at all times material hereto, AMERIFIRST was an “alter ego” of SMITH

and served as a corporate entity he dominated and controlled to further DEFENDANTS’

fraudulent scheme.

112. Pursuant to Sections 501.211(1) and 501.2105, Fla. Stat., Plaintiffs are entitled to

recover from DEFENDANTS the reasonable amount of attorneys’ fees Plaintiffs have had to incur

in representing their interests in this matter.

WHEREFORE, Plaintiffs demand entry of a judgment against WORLDPMX, INC., a

Florida corporation; SEAN MCCABE, an individual; AMERIFIRST TRADING CORP., a Florida

corporation; and C. LEO SMITH, an individual, jointly and severally, for an amount within the

jurisdictional limits of this court, including an award of interest and an award of attorneys’ fees and

costs pursuant to Fla. Stat. §§ 501.211(1) and 501.2105. Plaintiffs reserve the right to seek leave of

court to assess punitive damages against WORLDPMX, MCCABE, AMERIFIRST, and SMITH,

jointly and severally.

COUNT II – FALSE ADVERTISING [AGAINST WORLDPMX AND MCCABE]


113. Fla. Stat. §§ 817.41, et seq. prohibits “any person to make or disseminate or cause to

be made or disseminated before the general public of the state, or any portion thereof, any

misleading advertisement.”

114. Fla. Stat. § 817.40 defines misleading advertising as:

[A]ny statements made, or disseminated, in oral, written, or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise of reasonable care or investigation could or might have been ascertained, to be untrue or misleading, and which are or were so made or disseminated with the intent or purpose, either directly or indirectly, of selling or disposing of real or personal property, services of any nature whatever, professional or otherwise, or to induce the public to enter into any obligation relating to such property or services.


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115. WORLDPMX has violated Fla. Stat. § 817.41 by disseminating knowingly misleading

advertisements in connection with the unfair and deceptive practices described herein.

116. WORLDPMX’s acts and practices as described herein have deceived and/or are

likely to deceive Plaintiffs. Specifically, WORLDPMX’s web site touts that:

(a) its customers can “buy/sell precious metals by phone in minutes, capturing or avoiding market moves”;

(b) its customers can “take advantage of [WORLDPMX’s] powerful collateralized financing program”; and

(c) WORLDPMX is the bullion broker/dealer for the physical bullion.

117. By its actions, WORLDPMX disseminated, or caused to be disseminated, various

advertisements to the public, all misrepresenting the true services it provides, the fees and charges it

assesses upon its customers for those services, its qualifications or credentials for providing such

services, and what is actually being purchased for the money its customers provide to

DEFENDANTS. Such advertisements are likely to deceive, and continue to deceive, the

consuming public (including Plaintiffs) for the reasons detailed above.

118. WORLDPMX intended Plaintiffs to rely upon the advertisements and numerous

material misrepresentations set forth throughout this pleading, and Plaintiffs did in fact justifiably

rely upon those advertisements and misrepresentations to their detriment.

119. Plaintiffs have been aggrieved by WORLDPMX’s unfair and deceptive advertising in

that they lost all or a portion of their invested capital and were assessed an inordinate amount of

fees, price spreads, commissions, and interest to an extent that essentially precluded Plaintiffs from

receiving a positive return on their investments.

120. The above-described false, misleading, deceptive advertising WORLDPMX

disseminated, or caused to be disseminated, continues to have a likelihood to deceive in that

WORLDPMX has failed to disclose the true services it provides, the fees and charges it assesses


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upon its customers for those services, its qualifications or credentials for providing such services,

and what is actually being purchased for the money its customers provide to DEFENDANTS.

121. The damages suffered by Plaintiffs were directly and proximately caused by

WORLDPMX’s misleading advertisements, as more fully described above.

122. At all times material hereto, WORLDPMX was an “alter ego” of MCCABE and

served as a corporate entity he dominated and controlled to further DEFENDANTS’ fraudulent

scheme.

WHEREFORE, Plaintiffs demand entry of a judgment against Defendants WORLDPMX,

INC., a Florida corporation and SEAN MCCABE, an individual, jointly and severally, for an

amount within the jurisdictional limits of this court, including an award of interest and costs.

Plaintiffs reserve the right to seek leave of court to assess punitive damages against WORLDPMX

and MCCABE, jointly and severally, pursuant to Fla. Stat. § 817.41(6).

COUNT III – FRAUDULENT INDUCEMENT [AGAINST WORLDPMX, MCCABE,

AMERIFIRST, SMITH, AND WORTH GROUP]


123. DEFENDANTS, by acts of both omission and commission, made false statements

to Plaintiffs concerning material facts about their investments.

124. DEFENDANTS knew at the time the statements were made that the statements

were false.

125. DEFENDANTS intended that Plaintiffs would be induced into action by relying

upon the statements of fact made to them by DEFENDANTS.

126. In the course of investing their money through DEFENDANTS and entrusting

DEFENDANTS to properly handle their investment account, Plaintiff reasonably and justifiably

relied on the statements of fact made to them by DEFENDANTS.


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127. As a direct and proximate result of Plaintiffs’ reliance on the statements made to

them by DEFENDANTS, Plaintiffs have suffered damage.

WHEREFORE, Plaintiffs demand entry of a judgment against WORLDPMX, INC., a

Florida corporation; SEAN MCCABE, an individual; AMERIFIRST TRADING CORP., a Florida

corporation; C. LEO SMITH, an individual; and WORTH GROUP, INC., a Florida corporation,

jointly and severally, for an amount within the jurisdictional limits of this court, including an award

of interest and costs. Plaintiffs reserve the right to seek leave of court to assess punitive damages

against WORLDPMX, MCCABE, AMERIFIRST, SMITH, and WORTH GROUP, jointly and

severally.

COUNT IV – CIVIL CONSPIRACY [AGAINST ALL DEFENDANTS]


128. DEFENDANTS conspired with one another to perpetrate an unlawful act upon

Plaintiffs or to perpetrate a lawful act by unlawful means, to wit: they made multiple

misrepresentations of fact to Plaintiffs in an effort to extract from Plaintiffs unnecessary fees,

undisclosed charges, and improperly protected investment capital to boost the total amount of assets

they had under their management – all of which put DEFENDANTS’ own pecuniary interest ahead

of Plaintiffs’ welfare and economic safety.

129. In furtherance of their conspiracy, DEFENDANTS made to Plaintiffs, or agreed to

have someone make on their behalf, the false statements of fact detailed above.

130. DEFENDANTS were each aware of, and consented to, the misrepresentations

detailed above.

131. As a direct and proximate result of DEFENDANTS’ conspiracy, Plaintiffs have

suffered damage.


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WHEREFORE, Plaintiffs demand entry of a judgment against DEFENDANTS, jointly and

severally, for an amount within the jurisdictional limits of this court, including an award of interest

and costs. Plaintiffs reserve the right to seek leave of court to assess punitive damages against

DEFENDANTS, jointly and severally.

PLAINTIFFS’ DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs demand trial by jury

in this action of all issues so triable.

RESERVATION OF RIGHTS

Plaintiffs reserve their right to further amend this Amended Complaint, upon completion of

their investigation and discovery, to assert any additional claims for relief against Defendants or

other parties as may be warranted under the circumstances and as allowed by law.

Respectfully submitted,

SILVER LAW GROUP 11780 W. Sample Road Coral Springs, Florida 33065 Telephone: (954) 755-4799 Facsimile: (954) 755-4684

By: DAVID C. SILVER Florida Bar No. 572764 E-mail: [email protected] L. SILVER Florida Bar No. 095631 E-mail: [email protected] JASON S. MILLERFlorida Bar No. 072206 E-mail: [email protected]


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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was electronically filed with the Clerk of Court on this 9th day of August 2013 by using the CM/ECF system which will send a notice of electronic filing to the following CM/ECF participant(s): ANDREW N. COVE, ESQ. and MICHELE WATT, ESQ., COVE & ASSOCIATES, P.A., Counsel for Defendants, WorldPMX, Inc., Investment Quality Diamonds Inc., and Sean McCabe, 225 South 21st Avenue, Hollywood, FL 33020, E-mail: [email protected], [email protected]; FRED A. SCHWARTZ, ESQ., KOPELOWITZ OSTROW, et al., Counsel for Defendants, WorldPMX, Inc., Investment Quality Diamonds Inc., and Sean McCabe, 700 South Federal Highway - Suite 200, Boca Raton, FL 33432, E-mail: [email protected]; CARL F. SCHOEPPL, ESQ., SCHOEPPL & BURKE, P.A., Counsel for Defendants, WorldPMX, Inc., Investment Quality Diamonds Inc., and Sean McCabe, 4651 North Federal Highway, Boca Raton, FL 33431-5133, E-mail: [email protected]; TODD STONE, ESQ., THE STONE LAW GROUP, Counsel for Defendants, Amerifirst Trading Corp. and C. Leo Smith, 101 NE Third Avenue - Suite 1270, Fort Lauderdale, FL 33301; E-mail: [email protected]; and GEOFFREY M. CAHEN, ESQ., GREENBERG TRAURIG, P.A., Counsel for Defendant, Worth Group, Inc., 5100 Town Center Circle – Suite 400, Boca Raton, FL 33486.

DAVID C. SILVER


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COMPOSITE EXHIBIT "A"

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EXHIBIT "C"

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EXHIBIT "D"

Case 0:13-cv-61138-WJZ Document 30-4 Entered on FLSD Docket 08/09/2013 Page 1 of 1