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: 972-277-8585 Fax: 19722778586 Email: bcampbell@cllegal.com
Defendant: Gregg E. Jaclin represented by Kai Peter Hecker Phone: 972-277-8585 Fax: 972-277-8586 Email: khecker@cllegal.com
Defendant: Anslow + Jaclin, LLP represented by Bruce A Campbell Phone: 972-277-8585 Fax: 19722778586 Email: bcampbell@cllegal.com
Defendant: Anslow + Jaclin, LLP represented by Kai Peter Hecker Phone: 972-277-8585 Fax: 972-277-8586 Email: khecker@cllegal.com
Defendant: Jared L. McHatton
Plaintiff: Kelly M. Crawford
represented by Charlene Cantrell Koonce Phone: 214/706-4200 Fax: 12147064242
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)
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)
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.
...and I got the same tip. Mario Aiello's been a bad boy for a long time:
Van Sun says market cops swoop on Silver Star Energy
2004-05-25 07:36 ET - In the News
The Vancouver Sun reports in its Saturday edition that the stock market cops allege that Silver Star Energy is a classic pump-and-dump stock fraud. The Sun's David Baines writes that according to information sworn to obtain search warrants, investigators with Vancouver's Integrated Market Enforcement Team believe that at least five men involved in the company's affairs participated in the fraud. They include Vancouver geologist Robert McIntosh, who serves as president and chief executive officer, and certified management accountant David Naylor, the company's chief financial officer. Also named as alleged co-conspirators are long-time Howe Street promoter Mario Aiello, who until recently was the secretary; Sak Narwal, the largest shareholder; and Scott Marshall, whose wife, Naomi Marshall-Johnston, is the second-largest shareholder. The investigation is still in progress. No charges have been laid, the allegations are unproved. Members of the IMET team began investigating Silver Star in February after The Sun noted the huge gulf between the company's book value of about $15,000 (U.S.) and its stock market value, which had rocketed to more than $200-million (U.S.) on the OTC Bulletin Board.
The Vancouver Sun reports in its Saturday edition that James Winston's Growth Stock Advisor newsletter is pushing his latest "phenomenal opportunity" -- Silver Star Energy, a start-up oil and gas exploration company that was being run out of a small office on Howe Street in Vancouver. The Sun's David Baines writes that as of Sept. 30, it had zero revenues and total assets of $15,000. But somehow its OTC-BB-quoted stock had ballooned to $1.92 (U.S.) for a market cap of $200-million (U.S.). According to the disclaimer at the end of his report, Winston's Growth Stock Advisory is published and distributed by a company called Market Street Publishing Ltd., which was paid $505,000 (U.S.) by a company called Apollo Holdings Ltd. for its services. Imagine that: Half a million bucks for an ad, which also probably includes a mass mailout. So what is Apollo Holdings and why are they paying so much to tout the stock? Mr. Baines called Silver Star president Robert McIntosh, a consulting geologist. Former corporate secretary Mario Aiello said Mr. McIntosh quit the company, which had moved to Los Angeles. Mr. Baines left a message for Mr. McIntosh at the LA office, but he never called back.