DD Support Board and Research Team

[nodummy]

The Attorney - Gregg E. Jaclin - Legal Problems

http://www.sec.gov/litigation/complaints/2009/comp21206.pdf

Michael H. Schneider, presiding
Date filed: 07/28/2010
Date of last filing: 11/22/2010

Case Summary
Office: Tyler
Filed: 07/28/2010
Jury Demand: None
Demand:
Nature of Suit: 360
Cause: 28:754 Receiver of Property in Different Districts
Jurisdiction: U.S. Government
Plaintiff
Disposition:
County: Tyler
Terminated:
Origin: 1
Reopened:

Lead Case: None

Related Case: 6:09-cv-00398-MHS
Other Court Case: None
Def Custody Status:

Defendant: Gregg E. Jaclin
represented by Bruce A Campbell
Phone: [phone]
Fax: [phone]
Email: [e-mail]

Defendant: Gregg E. Jaclin
represented by Kai Peter Hecker
Phone: [phone]
Fax: [phone]
Email: [e-mail]

Defendant: Anslow + Jaclin, LLP
represented by Bruce A Campbell
Phone: [phone]
Fax: [phone]
Email: [e-mail]

Defendant: Anslow + Jaclin, LLP
represented by Kai Peter Hecker
Phone: [phone]
Fax: [phone]
Email: [e-mail]

Defendant: Jared L. McHatton

Plaintiff: Kelly M. Crawford

represented by Charlene Cantrell Koonce Phone: [phone]
Fax: [phone]

https://ecf.txed.uscourts.gov/cgi-bin/qrySummary.pl?124286
Email: [e-mail]


Associated Cases
Related Cases Start Date End Date

6:09-cv-00398-MHS

Securities and Exchange Commission v. Poetter et al

07/28/2010

Complaint: Paul D. Poetter et al

http://www.sec.gov/litigation/complaints/2009/comp21206.pdf


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Pacer docket 22 Nov 10 6:10-cv-00371-MHS Crawford v. Jaclin et al


Date Filed # Docket Text

11/22/2010 15 NOTICE of Interested Persons by Jared L. McHatton (gsg) (Entered: 11/22/2010)

11/22/2010 14 MOTION to Attend Scheduling Conference Telephonically by Jared L. McHatton. (gsg) (Entered: 11/22/2010)

10/25/2010 13 ACKNOWLEDGMENT OF RECEIPT by Jared L. McHatton on 10/18/2010 as to 10 Order To Meet, Report and Appearat Scheduling Conference. (gsg) (Entered: 10/26/2010)

10/21/2010 12 NOTICE of Disclosure by Anslow Jaclin, LLP, Gregg E. Jaclin Certificate of Interested Persons (Campbell, Bruce) (Entered: 10/21/2010)

10/19/2010 11 NOTICE by Kelly M. Crawford Certificate of Interested Persons (Koonce, Charlene) (Entered: 10/19/2010)

10/06/2010 10 ORDER TO MEET, REPORT, AND APPEAR AT SCHEDULING CONFERENCE. Scheduling Conference set for 12/7/2010 at 03:30 PM before Judge Michael H. Schneider. Signed by Judge Michael H. Schneider on 10/6/2010. (gsg) (Entered: 10/06/2010)

10/05/2010 9 REPLY to Response to Motion filed by Anslow Jaclin, LLP, Gregg E. Jaclin. (Hecker, Kai) (Entered: 10/05/2010)

09/28/2010 8 RESPONSE to Motion to Dismiss, and Brief in Support filed by Kelly M. Crawford. (Koonce, Charlene) (Additional attachment(s) added on 9/29/2010: # 1 Text of Proposed Order) (mjc, ). (Entered: 09/28/2010)

09/16/2010 7 MOTION to Dismiss for Lack of Jurisdiction (DEFENDANTS GREGG E. JACLIN AND ANSLOW+JACLINS MOTION & BRIEF TO DISMISS UNDER FRCP 12(B)(1), (B)(2), & (B)(3) by Anslow Jaclin, LLP, Gregg E. Jaclin. Responses due by 10/6/2010 (Attachments: # 1 Text of Proposed Order)(Campbell, Bruce) (Additional attachment(s) added on 9/20/2010: # 2 Text of Proposed Order Corrected) (mjc, ). (Entered: 09/16/2010)

08/30/2010 6 ANSWER to 1 Complaint, by Jared L. McHatton.(gsg) (Entered: 08/30/2010)

08/23/2010 5 Return of Service Executed as to Jared L. McHatton on 8/4/2010, answer due: 8/25/2010. (gsg) (Entered: 08/30/2010)

08/23/2010 4 Return of Service Executed as to Anslow Jaclin, LLP on 8/5/2010, answer due: 8/26/2010. (gsg) (Entered: 08/30/2010)

08/23/2010 3 Return of Service Executed as to Gregg E. Jaclin on 8/5/2010, answer due: 8/26/2010. (gsg) (Entered: 08/30/2010)

07/28/2010 2 E-GOV SEALED SUMMONS Issued as to Anslow Jaclin, LLP, Gregg E. Jaclin, Jared L. McHatton, and emailed to pltf for service. (mll, ) (Entered: 07/28/2010)

07/28/2010 Judge Michael H. Schneider added. (mll, ) (Entered: 07/28/2010)

07/28/2010 1 COMPLAINT Original Complaint against Anslow Jaclin, LLP, Gregg E. Jaclin, Jared L. McHatton ( Filing fee $ 350 receipt number 0540-2594064.), filed by Kelly M. Crawford. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Koonce, Charlene) (Entered: 07/28/2010)

https://ecf.txed.uscourts.gov/cgi-bin/iquery.pl

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07/28/2010 1 COMPLAINT Original Complaint against Anslow Jaclin, LLP, Gregg E. Jaclin, Jared L. McHatton ( Filing fee $ 350 receipt number 0540-2594064.), filed by Kelly M. Crawford. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Koonce, Charlene) (Entered: 07/28/2010)

Doc 1 PDF file
http://viewer.zoho.com/docs/xcdPYc

A. THE JACLIN DEFENDANTS

15. The Receivership Entity 4309, Inc. retained the Jaclin Defendants to provide legal services, including advice regarding securities laws. The Jaclin Defendants provided such legal services to 4309, Inc. and Poetter as Poetter created his structure of entities relating to 4309, Inc. The Receivership Entity 4309, Inc. paid the Jaclin Defendants at the direction of Poetter for the legal services the Jaclin Defendants provided.

16. Poetter specifically provided Gregg Jaclin a copy of the Trust Certificate that the Receivership Entities intended to market and asked whether it could be construed as a solicitation of a security. Jaclin stated, “I see no reason that this should be construed as a solicitation or sale of securities.” A true and correct copy of this exchange is attached hereto as Exhibit C.

17. The Receivership Entities subsequently solicited investments through the Trust Certificates.

18. From the date Jaclin approved the Trust Certificates as a vehicle for soliciting investment, on information and belief, the Receivership Entities raised approximately $3.2 million from unwitting investors. Moreover, as alleged in the Complaint, the Receivership Entities’ solicitations through the Trust Certificates violated the securities laws, thereby causing damage to the Receivership Entities by making them liable to the investors, and creditors of the Receivership Entities, as well as exposing the Receivership Entities to the imposition of fines and injunctive relief as already obtained by the Commission.

[...]

V. Claims for Relief against the Jaclin Defendants

A. Negligent Misrepresentation

30. The Receiver alleges and hereby incorporates by reference each and every allegation made in Paragraphs 1 through 29 of this Complaint as if each were separately set forth herein.

31. The Jaclin Defendants, as legal counsel to the Receivership Entity 4309, Inc. and Poetter, supplied false information for the guidance of the Receivership Entities, including information regarding whether marketing the Trust Certificates created by the Receivership Entities constituted solicitation or sales of securities. The Jaclin Defendants did not exercise reasonable care or competence in obtaining or communicating such information. The Receivership Entities reasonably relied on the false information supplied by the Jaclin Defendants, and, as a result, suffered pecuniary loss.

B. Professional Negligence

32. The Receiver alleges and hereby incorporates by reference each and every allegation made in Paragraphs 1 through 29 of this Complaint as if each were separately set forth herein.

33. As legal counsel to the Receivership Entity 4309, Inc. and Poetter, the Jaclin Defendants owed a duty to them and the remainder of the Receivership Entities created as part of the corporate and securities strategy Poetter discussed with the Jaclin Defendants. The Jaclin Defendants breached that duty by failing to exercise ordinary care, including giving the Receivership Entities incorrect legal advice or otherwise improperly representing them with regard to the Trust Certificates marketed by the Receivership Entities. Such breach proximately caused injury to the Receivership Entities resulting in damages. Specifically, the Receivership Entities are now indebted to the investors who gave their money to the Receivership Entities in exchange for the illegal Trust Certificates blessed by the Jaclin Defendants and marketed by the Receivership Entities, and have otherwise been damaged as a proximate result of the Jaclin Defendants’ negligence.

Doc 1 PDF file

http://viewer.zoho.com/docs/xcdPYc


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