Sunday, August 02, 2020 1:08:23 PM
92. Textor and Patterson, personally, and through Defendant’s King and Centineo solicited investments from Plaintiff and other investors promising that those funds would go towards Pulse’s business operations, but then used those funds to pay themselves personally and replace old debt with new debt in order to keep the sham enterprise going.
93. As an example, Defendant Textor through his control of PEC during the period of January and February 2016, caused the disbursement of approximately $500,000.00 in cash payments companies Textor controlled, or to friends and family, with no legitimate business purpose for PEC as follows:
a. On January 11, 2016, Textor cause PEC to wire $45,000 to Mr. Textor’s American Express account.
b. On January 20, 2016, Textor causes PEC to wire $29,166.67 to Clematis Properties, a company owned and controlled by an associate of Mr. Textor with no relationship to PEC or PEC business.
c. On January 26, 2016, Textor cause PEC to wire $50,000 to Alternative Holdings, a company owned and controlled by an associate of Mr. Textor with no relationship to PEC or PEC business.
d. On January 29, 2016, Textor caused PEC to wire 50,000 to Alternative Holdings, a company owned and controlled by an associate of Mr. Textor.
e. On January 29, 2016, Textor caused PEC to wire $50,000 to Textor Ventures, a company owned and controlled by Mr. Textor with no relationship to PEC or PEC business.
f. On February 1, 2016, Textor cause PEC to wire $50,000 to Mr. Textor individually.
g. On February 3, 2016, cause PEC to wire $180,000 to Dale O. Lovett, Mr. Textor’s mother.
h. On February 19, 2016, Textor cause PEC to wire $25,000 to Mr. Textor’s E*Trade Account.
94. These payments from PEC were made without corporate approval and contrary to PEC corporate bylaws.
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