Riad v. LW Wireless, Inc. Et Al 2.13-Cv-02596 Doc 1 Filed 13 May 13

The JS 44 civil COV
provided by 1oc
pwpose of initia
CIVIL COVER SHEET
the information contained herein reFlace nor supplement the filing and service of pleadin&s or other papers as required by Jaw, except as
. This form, approved by the Judicial q-Onference of the United States in September 1974, is re Ire for the use of the Clerk of Court for the
ocket sheet. (SEE INSTRUC110NS ON NfXT PAGE OF JHIS FORM.)
I. (a) PLAINTIFFS
Joseph E. Riad
DEFENDANTS
LW WIRELESS, INC., WORLD WIDE AUTO SERVICES CENTER, INC.,
V ANNlP A SMITH, VVS 3, INC .
/./

/
(b)
(c)
County of Residence of First Listed tiff Chester Coun
(EXCEPT JN U.S. P F CASES)

Attorneys (FinnName,Address, andTelepho Number)
Mickala Lorraine Rector, Esq., Attorney ID &.:-260445
Abbs & Console, LLP
County of Residence of First Listed Defendant
(IN U.S. PWNTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE TIIE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (lfKnown)
James Barron, Esq. (L W Wireless and World Wide Auto)
753 S. 13t1t St.
Philadelphia, Pennsylvania 19147
The Levine Firm, LLP, 135-27 38lh Avenue - Suite 120, Flushing, NY 11354
Ronald Esq. (V annipa Smith and/or VVS 3)
2020 N. 14 St. Ste. 510
Arlington, Va. 22210
Il. BASIS OF JURISDICTION (Placean ID. CITIZENSHIP 0 AL PARTIES (Place an ''X" inOneBoxforPlaintiff
0 I U.S. Government
Plaintiff
0 2 U.S. Government
Defendant
0 3 Federal Question
Not a Party)
Citizenship qf Parties in Item Ill)
(For Diversity
Citizen of This Stat
Citizen or Subject of a
Foreign Countty
and One Box for Defendant)
corporated or Principal Place
of Business In This State
corporated and Principal Place
of Business In Another State
Foreign Nation
PTU.F
4
.. DEF
5 181
6 6
IV. NATURE OF SUIT (Place an ''X" in One Box Only)
PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims Act
0 310 Airplane 0 365 Per.lonal Injury - of Property 21use881 0423 Withdrawal 0 400 State Reapportionment
0 315 Airplane Product 0690 Other 28 USC 157 0 410 Antitrust
Liability 0 367 He>th Care/ 0 430 Banks and Banking
0 320 Assault, Libel & Ph$naceutical 0 450 Commerce
Slauder Personal Injury 0 820 Copyrights 0 460 Deportation
0 330 Federal Employers' Product Liability 0 830 Patent 0 470 Racketeer Influenced aud
Liability 0 368 Asbestos Personal 0 840 Trademark Corrupt Organizations
0 340 Marine lnjljry Product 0 480 Consumer Credit
O 345 Marine Product Liability O 490 Cable/Sat TV
Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 HIA (1395ff) 0 850 Securities/Commodities/
0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange
0 355 Motor Vehicle 0 371 Truih in Lending 0720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions
Product Liability 0 380 Other Personal Relations 0 864 SSID Title XVI 0 891 Agricultural Acts
0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSI ( 405(g)) 0 893 Environmental Matters
Injury 0 385 Property Damage 0751 Family and Medical 0 895 Freedom oflnformation
0 362 Personal lnjwy- Product Liability Leave Act Act
Medical Malpractice 0 790 Other Labor Litigation 0 896 Arbitration
f;IO<Sii'lMl\Ji;1P.ROP;!!)R'.f ;::';t\i;;;;j 0 791 Employee Retirement 0 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas!Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Ac1/Review or Appeal of
D 220 Foreclosure D 441 Voting D 463 Alien Detainee or Defendant) Agency Decision
0230 RentLease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS-Third Party 0 950 Constitutionality of
0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 State Statutes
0 245 Tort Product Liability Accommodations 0 530 Gerieral
0 290 All Other Real Property 0 445 Amer. w/Disabilities 0 535 Death Penalty
Employment Other: ,
O 446 Amer. w/Disabilities O 540 Mandamus & Other
Other 0 550 Civil Rights
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinemedt.
,,

O 2 atura tzatton pp tcatton
0 465 Other Immigration
Actions
3 Remanded from
Appellate Court
U 4 Reinstated or
Reopened
U 5 Transferred from
Another District
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 USC 1332(a)(l)
Brief description of cause:
VI. CAUSEOF
ACTION
Plaintiff alleges that Defendants VVS 3, Inc., and V annipa Smith, defrauded Plaintiff by converting $141, 193.00 of his money owed under a
contract between Plaintiff and L W Wireless, Inc., and World Wide Auto Services Inc., thereby interfering with said contract and causing breach
under the UCC. Plaintiff further alleges that Vannipa Smith's actions pierced the corporate veil and she otherwise became liable through
sure shi for an debt u to $168,000.00 b si a handwritten confession and uarantee of re a ment.
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE
05/13/2013
CHECKIFTHISISACLASSACTION DEMAND$ $141,139-$450,000 CHECK YESonl .
UNDER RULE 23, F.R.Cv.P. JURY DE
(See instroctions):
JUDGE
complaint:
0No
Case 2:13-cv-02596-LFR Document 1 Filed 05/13/13 Page 1 of 41
JCJ
joe
IN THE UNITED ST A TES DISTRICT COURT
FOR THE DISTRICT OF PENNSYLVANIA
i
CASE MANAGEMENT TRACK DESIGNATION FORM
I
CIVIL ACTION
L w u> ,re\es-s 1--shc : . : . 13 2 5
WDr\iA v.M,t /'w..,TD Ce.n'vf, No. 9 8
\/
Expense(_a
0
nd Delay Reduction Plan of this court, counsel for
plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of
filing the complaint and serve a copy on all defendants. (See 1 :03 of the plan set forth on the reverse
side of this form.) In the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on
the plaintiff and all other parties, Cl; Case Management Track Designation Form specifying the track
to which that defendant believes tme case should be assigned.
!
SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
(a) Habeas Corpus - Cases brought under 28 U.S.C. 2241 through 2255.
(b) Social Security - Cases requesting review of a decision of the Secretary of Health
and Human Services denying btaintiff Social Security Benefits.
I
(c) Arbitration - Cases required to be designated for arbitration under Local Civil Rule 53.2.
I
(d) Asbestos - Cases involving claims for personal injury or property damage from
exposure to asbestos.
(e) Special Management - Cases do not fall into tracks (a) through (d) that are
commonly referred to as complex and that need special or intense management by
the court. (See reverse side ofithis form for a detailed explanation of special
management cases.)
1
(f) Standard Management - that do not fall into any one of the other tracks.
S- /3 I'S
Date Attorney-at-law
;?t) 7qo Jgc, Ci/
Telephone FAX Number
(Ch. 660) 10/02
( )
( )

J
1.!
' '.fi. )I
.. 'iJ' .
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA - DESIGNATION FORM to be used by counsel to indicate the
c.ategory of the case for the purpose of assignment to appropriate c.alendar.
Address of Plaintiff: 509 School house Road, Kennett Sg. Pa, 19348
Address of Defendant_(D Defendant, L w Wireless, Inc., and World Wide Auto Services Center,
Inc.: 132-33 34th Ave., Flushing, NY 11354 (f_) Defendant Vannipa 16106
Atlantis Drive, Bowie, MD, 20716, and, (b) 6037 Leesburg Pike, Falls Church, Va.
22041; and,
(3) Defendant VVS 3, Inc., (Defendant Smith is their President and registered agent) 6037
Leesburg Pike, Falls Church, Va. 22041.
Place of Accident, Incident or Transaction: The Comglaint involves a contract for the sale of goods a
bmws) between Plaintiff and L W Wireless/World Wide Auto, a breach and business tort
counts against Vanniua Smith and VVS 3, Inc .. who are alleged to have caused said
breach.
The contract for the sale of goods involved the two bmws as well as a "course of
dealings" between the 12arties: Plaintiff, a Penns)'.lvania resident, and CoIP-Qrate
Defendants, L W Wireless and World Wide Auto, corporations incorporated in New York.
Defendant Smith, the owner of VVS 3, Inc., was involved in the course of dealing
between the 12arties as a broker. Nick Lee-Wang was the agent ofLW Wireless and World
Wide Auto, and would purchase cars from Plaintiff on said corporations behalf Both Nick
Lee Wang and Vannipa Smith frequented Pennsylvania to negotiate the transactions which
constitute the "course of dealings". A P,redominant amount of the terms of the agreement
affected or were executed in Pennsylvania. For instance, the cars were always located in
Pennsylvania; Nick/Vannipa and/or a carrier for L W Wireless/World Wide Auto would
12ick-uQpurchased cars from Plaintiffs Pennsylvania home and Plaintiffs profits were
ultimately deposited in his Pennsylvania account(l
The business torts alleged against VVS 3, Inc. and Vannipa Smith caused harm in
Pennsylvania, as Plaintiff is a Pennsylvania citizen and the money owed to him would have
been deposited in his Pennsylvania account. The wire transfer occurred when Ms. Smith
used VVS 3's business account to effectuate the final step in her scheme to defraud Plaintiff
of $141,139. 00 by converting said money and thereby interfering with Plaintiff and L W
Wireless/World Wide Auto's contract.
Ms. Smith convinced Nick Lee-Wang to wire the money into her account when she
was in New York, however. the material misreP,resentations that induced Mr. Lee-WangjQ
perform said act was as follows: Ms. Smith alleged that she was Plaintiffs "partner", was
heading to Pennsylvania and would meet Plaintiff in Pennsylvania and remit said money to
him there. Plaintiff never alleged Ms. Smith was a partner of his, nor was there anv.
documentation or such expressly or implicitly stating this. Instead, Mr. Lee-Wang believed
this lie based on the numerous times that Ms. Smith had op_P.ortunisticallyJwhen Plaintiff
was out of the room).n:.presented to Mr. Lee-Wang that she was Plaintiffs partner, while
the parties were conduction ancillary business (sale of cars). Accordingly_, the predicate
MAY 1 3 2013'
misrepresentations often occurred in Pennsylvania Furthermore, the false promises
involved Pennsylvanijb as Ms .. Smith's reason for requesting the wire transfer was that she
was "en route to Pennsylvania" and would remit said money "in Pennsylvania".
(Use Reverse Side For Additional Space)
Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation
owning 10% or more of its stock?
(Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7. l(a)) Yes 0
/'
:.;-is case involve multidistrict litigation possibilities?
CASE, IF ANY:
Yeso
Case Number: __________ Judge _____________ Date Terminated:
Civil cases are deemed related when yes is answered to any of the following questions:
1. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in
this court?
YesO
fooes this involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year
previous! y terminated
action in this court?
YesO

3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pending or within one
year previously /
terminated action in this court? Yes 0
4. Is this case a second or successive habeas corpus, social security appeal, or prose civil rights case filed by the
YesO
CIVIL: (Place t/ in ONE CATEGORY ONLY)
A. Federal Question Cases:
Cases;
1. o Indemnity Contract, Marine Contract, and All Other Contracts
and Other Contracts
2. o FELA
Injury
3. o Jones Act-Personal Injury
Defamation
4. D Antitrust
Injury
5. D Patent
Personal Injury
6. o Labor-Management Relations
Injury (Plea<;e specify)
7. D Civil Rights
MAY 1 31.013'
B. Diversity Jurisdiction
1. o Insurance Contract
2. o Airplane Personal
3. o Assault,
4. o Marine Personal
5. o Motor Vehicle
8. o Habeas Corpus
- Asbestos
9. o Securities Act(s) Cases
Diversity Cases
10. o Social Security Review Cases
(Please specify)
11. o All other Federal Question Cases
(Please specify)
ARBITRATION CERTIFICATION
(Check Appropriate Category)
8. o Products Liability
9. o All other
I, Mickala Lorraine Rector , counsel of record do hereby certify:
O Pursuant to Local Civil Rule 53.2, Section 3(c)(2), that to the best of my knowledge and belief, the damages recoverable in
this civil action case exceed the sum of $150,000.00 exclusive of interest and costs;
o Relief other than monetary damages is sought.
DATE: __M!y...!J, 2013
260445
Attorney l.D.#
Attorney-at-Law
NOTE: A trial de novo will be a trial by jury only if there has been compliance with F.R.C.P. 38.
I certify that, to my knowledge, the within case is not related to any case now pending or within one year previously
terminated action in this court
except as noted above.

260445
Attorney I.D.#
CIV. 609 (5/2012)
#-?.
Attorney-at-Law
Mickala Lorraine Rector, Esquire
Attorney ID NO.: 260445
Abbs & Console, LLP
753 S. 13th Street
Philadelphia, Pennsylvania 19147
Attorney for Plaintiff, Joseph E. Riad
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH E. RIAD
KENNETT SQUARE, PENNSYLVANIA
19
Plaintiff,
v. CIVIL ACTION NO.
2598
----
LW WIRELESS, INC.
FLUSHING, NEW YORK
And
WORLD WIDE AUTO SERVICES
CENTER, INC.
FLUSHING, NEW YORK
and
V ANNIPA SMITH,
FALLS CHURCH, VIRGINIA
and
VVS 3, INC.
FALLS CHURCH, VIRGINIA
Defendants.
CIVIL COMPLAINT
AND JURY DEMAND
NATURE OF ACTION
1. This is an action for an award of damages, declaratory and injunctive relief, attorney's
fees and other relief on behalf of Plaintiff, Joseph E. Riad.
2. This action is brought pursuant to following state causes of action: fraud, interference of
contract, conversion, unjust enrichment, piercing the corporate veil and breach of contract.
JURISDICTION AND VENUE
3. This Court has subject matter jurisdiction pursuant to 28 USC l 332(a)(l) because the
amount in controversy exceeds $75,000.00 and there is diversity of citizenship.
4. This Court has personal jurisdiction over the above captioned defendants.
5. Venue is properly laid under 28 US.C. 1391 (b)(2), as a substantial amount of the
complained of events occurred within this Court's jurisdiction.
PARTIES:
6. Plaintiff, Joseph Riad, ("Plaintiff or "Mr. Riad"), at all relevant times herein was acting in
his individual capacity and not on behalf of any business entity.
7. Defendant Vannipa Smith, ("Ms. Smith"), at all relevant times herein, was the registered
agent ofVVS 3, Inc. ("VVS 3") and was acting as its agent and/or owner.
1
Alternatively,
Defendant Smith was acting in her individual capacity and utilized her business' bank accounts
to facilitate the conduct complained of herein. X5M Wire Details, ("Exhibit A") (showing
transfer of funds into "[Ms. Smith's] Company( .... 3168)") and 1012112012 Email, Nick Wang
("Exhibit B") (identifying Ms. Smith's Company, for purposes of the wire transfers, as VVS 3,
Inc.).
8. Defendant L W Wireless, Inc. ("L W Wireless") and World Wide Auto Service Center,
Inc. ("World Wide Auto") are owned and operated by CEO, Steve Wang
2
. At all relevant times
1
Per the State Corporation Commission of the Commonwealth of Virginia, Ms. Smith is the registered agent and/or
officer for VVS 3 Inc., SCC ID: 07406044.
2
New York Department of State, Division of Corporations, Entity Information lists Steve Wang as the CEO of LW
Wireless Inc., DOS No.: 3773679. Steve Wang and Nick Lee Wang have both represented to Plaintiff that LW
Wireless and World Wide Auto Services Center, Inc. are owned by Steve and operated by Steve and Nick.
2
herein, Steve and Nick Lee-Wang were agents of both Defendant Corporations. Both
Defendants having a business address of 132-33 34th Street, Flushing, New York, 11354.
FACTS COMMON TO ALL COUNTS:
9. Beginning on or about July 27, 2012, VVS 3 Inc., by and through its alter ego, Defendant
Smith, defrauded Plaintiff of approximately $141,139.00.
10. This occurred when Ms. Smith, VVS 3's President, used VVS 3's s business bank
account (Account No.: ... 3168), converted said funds
3
, belonging to Plaintiff under a sales
contract between himself and LW Wireless/World Wide Auto (see infra, ifl l-20), via bank
fraud
4
, 18 US.C. 1344(2). (explained infra).
Sales Contract-Course of Dealings
11. Nick and Steve, from on or about early 2012 through present, entered into agreements for
the sale of vehicles owned by Plaintiff. Affidavit of Plaintiff, Joseph E. Riad, pg. 1,2 ("Exhibit
C"); Bills of Laiding, ("Exhibit D").
Location, Discussions and Pick-up of Vehicles, Chester County, Pennsylvania
12. At all relevant times herein, the vehicles were always located at one of Plaintiffs
Pennsylvania homes: Kennett Square, Pennsylvania, or Nottingham, Pennsylvania. Ex. C., if 8.
13. All defendants were aware that said cars were located at one of the above Pennsylvania
addresses, as, inter alia: (a.) Plaintiff expressly informed them of the cars locations multiple
times; and (b.) Nick and Ms. Smith have met to discuss negotiations or pending transactions in
Pennsylvania on numerous occasions.
3
The money was wired into Ms. Smith's business account (VVS3 Inc.) Account No.: XXXX3168. X5M Wire
Detail, ("Exhibit A'').
4
Plaintiff doesn't allege that Ms. Smith has been charged or convicted of bank fraud, 18 U.S.C. 1344(2), as of the
date of this Complaint. However, Plaintiff contends that the allegations and averments contained herein make out a
prima facie showing of bank fraud as a matter oflaw.
3
14. The terms of the transactions, whether express or imputed as a course of performance
under the Universal Commercial Code ("UCC"), have always had the vehicles picked up in
Pennsylvania: (a.) Mr. Wang and Ms. Smith have personally driven to of Plaintiffs Pennsylvania
homes to take possession of said car on multiple occasions, Ex. C, pg. 1; and,
(b.) Regardless of shipping or method, the vehicles have always originated from
Pennsylvania, and the Bills ofLaidi:o.g5 have always reflected such. Ex. D.
Payment
15. Plaintiff believes and therefore alleges that all profits derived from the transactions were
deposited in one of Plaintiffs Pennsylvania bank accounts. Ex. C,
16. In all transactions, Plaintiff expressly required that Nick and/or Steve give payment only
to Plaintiff. Ex. C, The course of dealings between the parties was that, payment would be
made only to Plaintiff, by sending a cashier's check to Plaintiff. Ex. C,
July 2012, Agreement
17. On or about July 2012, Nick, on behalf of World Wide Auto, LW Wireless and Steve,
entered into an agreement with Plaintiff for the sale of Plaintiffs x5m BMW (special package)
($66,445.00) and an x6 ($72,748.00) BMW. Ex. C, 17; Invoice# 003, ("Exhibit E").
18. Under said agreement, J;>laintiff was to receive approximately $2,000.00 for
transportation and other such expem;;es. Ex. C, 17.
19. Excepting such things as th,e price and specific car, the terms of this agreement, both
express and imputed under the UCC, as a "course of dealings", were the same as stated in
14, 16.
20. Plaintiffs recollection is that the x5m and x6 BMWs were purchased by Plaintiff using
funds in his Pennsylvania checking account.
5
The vehicles were delivered to Newark, New Jersey.
4
21. Plaintiff intended to deposit, the $141, 193. 00 owed to him by L W Wireless and World
Wide Auto into his Pennsylvania account. Ex. C, ii 14.
Plaintifrs $141,193.00 Wired intolMs. Smith's Account
22. On or about July 27, 2012, wired the $141,139.00 he owed Plaintiff under the above
agreement, iill-20, into VVS 3's bank account (Act. No.: ... 3168). Ex. A; Ex. B;
Confession/Guarantee Vannipa Smifh, ("Exhibit F").
i
23. Nick represented to Plaintifflthat he wired Ms. Smith the $141,139.00, instead of sending
Plaintiff a cashier's check, because Ms. Smith falsely represented that she a.) was Plaintiff's
"partner", b.) was en route to Plaintiiffs Pennsylvania residence, and c.) would remit the wired
moneys to Plaintiff while she was in Pennsylvania. Ex. C, ii 23.
24. Nick represented to Plaintiff that for a period of time prior to the wire, Ms. Smith would
use opportunities where Plaintiff had stepped away to falsely represent that she and Plaintiff
were partners. At no point in time did Plaintiff know of said representations or himself represent
that Ms. Smith was his partner. Ex. C, ii JO, 24.
25. Plaintiff believes and therefore alleges that said misrepresentations were made to induce
Nick into wiring Plaintiff's $141,193.00 payment so that Ms. Smith could retain the wired
monies Ex. C, ii 27.
26. It has been represented to by Defendant Smith, that she wired some of the
converted funds, than in the custody and control ofVVS 3 and/or Vannipa's Thai Restaurant,
(Defendant Smith's foreign corporation registered in Virginia), overseas to family members.
27. Defendant Smith had control over VVS 3, to the extent that it was her alter ego. It is
presumed that Defendant Smith chose to utilize this alter ego, as opposed to using her personal
account because, inter alia, requesting a wire transfer into a business account, as opposed to a
5
personal account, helped facilitate the rouse of corporate partnership, and/or enabled funds to be
wired overseas.
28. VVS 3's annual report
6
lists Vannipa Smith as President and Xiaolan Zhang as a
Director. Since it has been ten months since Defendant Smith converted $141,139.00 by using
VVS 3's bank account, and Mr. Zhang has failed to notice, report or account on the unauthorized
and unaccounted for transaction, Plaintiff believes that any corporate formalities alleged to exist
by Defendant Smith have not adequately been followed.
29. In a handwritten, signed letter, dated October 22, 2012, Ms. Smith made the following
confession and guarantee to repay Plaintiff for said wire transfer:
"I, Vannipa Smith, license no: S-530-839-014-906 [DOB] 11-27-1956
" ... [Algree to repay Joseph Riad for (sic, For in original) $168,000.00
7
that I received in my account for his x5mm and x6." [emphasis
added]." Ex. F.
30. At the time the money was wired, Ms. Smith, VVS 3 nor any other entity had Plaintiff's
permission to accept the wired funds on his behalf. Ex. C, ,-i 27.
LW Wireless and World Wide Auto
31. At the time the money was wired, Nick did not have Plaintiff's permission to deviate
from the agreement by wiring the $141,193.00 into Ms. Smith's account. Ex. C, ,-i 27.
32. Nearly contemporaneous with this wire transfer, the x5m and x6 BMWs were picked up
from Plaintiffs Pennsylvania residence. LW Wireless and World Wide Auto, and or its agent(s)
or representative(s), accepted the x5m and x6 BMWs. 13 Pa. C.S. 2606(a)(l), (a)(2), and/or
(a)(3). Ex. C, ,-i 35.
6
A copy is currently in the possession of Plaintiff. Further, it can be accessed at http://scc-
intemet.scc.virginia.gov/coi:porate/arfilings/coi:pfilings.asp?chartemumber=07406044 by using the corporate ID:
07406044.
7
Ms. Smith guaranteed to repay Plaintiff$168,000.00, an amount in excess of the $141, 193.00 wire, based on
factors including Plaintiffs time and expenses and mutually agreed upon interest of approximately I 0%. Said
interest was based on repayment on or about October, and binds the parties only as a minimum floor.
6
33. Upon learning of the payment deviation, Plaintiff immediately called Nick and ordered
him to reverse the transfer and tender payment to Plaintiff Ex. C, ii27-32.
34. Nick represented to Plaintiff that he attempted the reverse wire, but the bank refused. Ex.
C, ii 30.
35. As this was unacceptable to Plaintiff, Nick promised to tender payment shortly thereafter,
should the "trusted" Ms. Smith fail to pay Plaintiff as she had promised. Ex. C, ii 27-34. Nick
additionally promised to sign an IOU as a form of security until Ms. Smith remitted payment.
Ex. C, ii 32.
36. Plaintiff believes and therefore avers that LW Wireless and/or World Wide Auto made
approximately $200,000.00 on the sale of the x5m BMW and $250,000.00 on the sale of the x6
BMW. Ex. C, ii 32.
37. LW Wireless and World Wide Autos have been in receipt of an invoice for the x5m and
x6 BMWs since on or about September 1, 2012. Ex. E. No payment has been made to date on
this invoice. Ex. C, ii 41.
Ms. Smith's Response
38. Plaintiff also immediately called Ms. Smith and ordered her to remit the wired money to
Plaintiff Ex. C, ii 36, 37.
39. Initially Ms. Smith promised to drive to Pennsylvania and tender payment. Ex. C, ii 36.
Plaintiff had no choice but to accept Ms. Smith's initial promises as Nick and the bank were
unable/unwilling to perform a reverse wire transfer and return Plaintiff's money. Ex. C, ii 28-31.
40. Ms. Smith never returned the wired money and shortly after obtaining said money, Ms.
Smith stopped taking Plaintiff's calls and emails. Ex. C, ii 3 7.
7
41. At this time, Ms. Smith had flaintiffs passport in her possession, as she had obtained it
some ten days earlier for the purpose of purchasing a (separate) x5 BMW for Plaintiff. Ex. C, ii
37.
42. To the extent Plaintiff was alple to contact Ms. Smith between the months of July 2012
and October 2012, Ms. Smith would deviate from threatening to destroy or withhold Plaintiff's
passport, which she knew he needed for international business ventures, to offering false
statements about her geographic whereabouts (stating she was in Thailand). Ex. C, ii 37, 39.
43. As stated supra, on October 22, 2012, Plaintiff drove to Ms. Smith's restaurant,
Vannipa's Thia Restaurant, and confronted her about the $141, 139.00, a separate x5 BMW of
Plaintiffs she had taken and his p a s ~ p o r t that had been held for six months under threat of
destruction.
"I, Vannipa Smith ... [a]gree to return Joseph Riad's passport ... I agree to
repay Joseph Riad fot the car taken from BMW Silver Spring (separate x5
referenced in precedi:ng paragraphs) ... I agree to repay Joseph Riad for
$168,000 that I receiyed in my account for his x5m and x6." Ex. F.
44. Ms. Smith has not made a single payment on any moneys referenced above. Ex. C, ii 43.
COUNT ONE-PIERCING THE CORPORATE VEIL
(JOSEPH E. RIAD V. VVS 3, INC. AND V ANNIP A SMITH)
45. Plaintiff incorporates by reference paragraphs 1through44 of this Complaint as if fully
set forth herein.
46. At all times relevant to this Complaint, Defendant Smith was the alter ego ofVVS 3, Inc.,
a company she was the President and Officer of This allegation is premised on, inter alia,
8
(a) the fact that she was abl9 to use VVS 3's business account to facilitate the bank fraud
!
that converted Plaintiff of hif property interest in $141, 193. 00 and thereby unjustly
i
enriched Defendant Smith/\ifVS 3, Inc., See e.g., ii 9, 10, 22-2T;
I
(b) the fact that Xiaolan Zharg, the only listed Officer on VVS 3 's annual report, has
I
either been acting in concert with Ms. Smith or been removed from control and
I
accounting formalities to !hi extent he/she failed to notice an unaccounted for credit of
$141,193.00, See e.g., ~ 28; I
I
i
( c) subsection (b) further in'1icates that there are no regularly adhered to corporate
I
formalities,
( d) the representation by Defendant Smith that she was able to wire some or all of said
I
moneys overseas, See e.g., i 26;
!
( e) the fact that the fore menitioned constitutes co-mingling of personal and corporate
i
assets in addition to fraud; afid
!
(f) the fact that her written cpnfession, shows Ms. Smith herself doesn't recognize a
I
distinction between her inditidual self and her corporate self: when conceding liability
!
I
and debt, she refers to herser in an individual capacity, using identifiers such as her
birthday and driver's l i c e n s e ~ as opposed to VVS 3' s corporate ID and date of
I
I
incorporation, See e.g., ii 28.j
I
I
8
Any reference to specific numerical paragfaphs, in this paragraph and all other paragraphs herein, is meant solely
as an aid to the reader and in no way is intTded to omit any other relevant paragraph.
9
COUNT T 0-CONVERSION ($141, 139.00)
(JOSEPH E. RIA V. VVS 3, INC. AND V ANNIP A SMITH)
4 7. Plaintiff incorporates by refi rence paragraphs 1 through 46 of this Complaint as if fully
set forth herein.
48. Plaintiff had a property inter st and right to the $141,193.00 under the sales contract
between himself, LW Wireless, Wold Wide Auto, Nick Lee-Wang and Steve Wang. See e.g., i1
8, 11-14, 16-19.
49. VVS 3, Inc., by and through its agent and alter ego, Defendant Smith "assumed"
Plaintiffs property interest and "ex rcised dominion and control" in the $141, 193. 00 when she
convinced Nick to wire said money nto the VVS 3 account. See e.g., i122-30.
50. VVS 3, Inc., by and through its agent and alter ego, Ms. Smith has continued to "exercise
dominion and control" and utilizes id money as Ms. Smith's own, to the exclusion of Plaintiffs
rights, as she has failed to remit sai money to Plaintiff for approximately ten months. See e.g.,
i125-28, 29, 44.
51. This exercise of dominion a ' d control over Plaintiffs property was unauthorized and
without legal justification, as Plaintf did not consent to this transfer or retention of his property.
See e.g., i116-20, 24, 29-31, 38-44. IFurther, it is uncontested Ms. Smith has no legal interest in
said property. See e.g., i124, 29.
52. Plaintiff compensatory harm is valued at approximately, $141,193. 00, plus interest.
53. VVS 3, Inc., by and through its agent and alter ego, Ms. Smith, acted with "actual
malice" and/or the conduct was "ou ageous" because:
a.) Defendants acts constituted criminal offenses under both state and federal law,
including 18 U.S.C. 1344(2/ (bank fraud);
9
"Whoever knowingly executes, or attemp s to execute, a scheme or artifice--
10
b.) Congress found the arm caused by such conduct sufficient to warrant up to thirty
c.) Ms. Smith's fraud w s not an isolated act, as
fraud, 18 US.C. 1344(2/
0
, defrauding Plaintiff of his x5m
BMW approximate! ten days earlier; and,
ii.) upon information and belief, has defrauded others of money, such as Vincent
Zhang; and,
d.) Ms. Smith has conti uously promised to repay Plaintiff, but has failed to make
restitution as of the te of this Complaint.
COUNT TH E-INTERFERENCE OF CONTRACT
(JOSEPH E. RIA I V. VVS 3, INC. AND V ANNIP A SMITH)
54. Plaintiff incorporates by refi rence paragraphs 1through53 of this Complaint as if fully
set forth herein.
55. There was a valid agreemen between Mr. Riad and LW Wireless, World Wide Auto,
Nick Lee-Wang and Steve Wang, fi r the sale of an x5m BMW and an x6 BMW for a total price
of $141,193.00. See e.g., ~ 8, 11-1 , 16-19.
56. Ms. Smith, and therefore ls 3, Inc., had knowledge of this agreement. See e.g., ii 14,
22-27, 29.
57. Ms. Smith made false repreJentations to Mr. Wang with the objective of convincing Mr.
Wang to wire the money owed Plai ' tiff into her account in lieu of paying Plaintiff See e.g.,
~ 2 2 - 2 6 , 30, 38-44.
(2)to obtain an of the mane s funds ere "ts assets, securities, or other property owned by, or under the custody or
control of a financial institution b means of false or fraudulent retenses re resentations or rornises;
shall be fined not more than $1, 000, 000 or imprisoned not more than 30 years, or both.
10
Plaintiffdoesn't allege that Ms. Smith h s been charged or convicted ofbank fraud, 18 U.S.C. 1344(2), as of the
date of this Complaint. However, Plaintiff contends that the allegations and averments contained herein make out a
prima facie showing of bank fraud as a mater oflaw.
11
i
58. Said acts caused the breac1s referred to infra in Counts SIX and SEVEN.
59. Ms. Smith and VVS 3, Inc. were without legal justification as Plaintiff did not consent to
this transfer or retention of his pro erty. See e.g., 16-20, 24, 29-31, 38-44. Further, it is
uncontested Ms. Smith and VVS 3 Inc., has never had any legal interest in said property. See
e.g., 29.
60. Plaintiff compensatory ha is valued at approximately, $141,193.00, plus interest.
61. Defendants VVS 3 and Smi h acted with "actual malice" and/or the conduct was
"outrageous" because:
a.) Defendants acts con tituted criminal offenses under both state and federal law,
including 18 US. C. 1344(2) (bank fraud);
b.) Congress found the l.rm caused by such conduct sufficient to warrant up to thirty
ears in federal riJn. 18 U.S.C. 1344(2);
c.) Ms. Smith's fraud w snot an isolated act, as
i.) she committed bt fraud, 18 US.C. 1344(2), defrauding Plaintiff of his x5m
BMW ten days earlier; and,
i
ii.) upon informatio and belief, has defrauded others of money, such as Vincent
Zhang; and,
d.) Ms. Smith has conti uously promised to repay Plaintiff, but has failed to make
restitution as of the rte of this Complaint.
I
12
OUNT FOUR-FRAUD
(JOSEPH E. RIAD V. VVS 3, INC., AND V ANNIP A SMITH)
62. Plaintiff incorporates by refl ence paragraphs 1 through 61 of this Complaint as if fully
set forth herein.
63. Ms. Smith devised a scheme or trick to defraud Plaintiff of $141, 193. 00. See e.g., ii 9,
JO, 25, 26, 29, 30, 38-44.
64. Specifically, Ms. Smith con inced Nick into wiring $141,193.00, owed under the
contract referenced in ii11-20 ofthi Complaint, into VVS 3'S business account. See e.g., ii 9,
JO, 22-30.
65. Ms. Smith induced Nick int the wire transfer by misrepresenting to him that she was
Plaintiffs partner, was en route to Pel nnsylvania to meet with Plaintiff and would remit said
funds to Plaintiff See e.g., ii 22-25, 38-44.
66. Ms. Smith made this misrep esentation with scienter, as she knew she was not Plaintiffs
business partner, See e.g., ii 24, and intended for the misleading statements to induce Nick Wang
into wiring money owed Plaintiff info the VVS 3 account. See e.g., ii 24-27, 29, 30. Further,
Ms. Smith has engaged in a course tf conduct that shows an intent to evade Plaintiff, See e.g., ii
40, 43, and coerce him into relinqui hing interest in his money. See e.g., ii 40-42.
67. Nick Wang relied on Ms. S , ith's representations when wiring money into Ms. Smith's
business account. See e.g., ii 22-24.
68. As a result, Plaintiff has suf fred harm valued at approximately, $141,193.00, plus
interest. I
69. VVS 3, Inc. and Ms. Smith'j acted with "actual malice" and/or the conduct was
"outrageous" because:
13
a.) Defendants acts cjos ituted criminal offenses under both state and federal law, 18
U.S.C. 1344(2) (b fraud);
Congress found the arm caused by such conduct sufficient to warrant up to thirty b.)
c.) Ms. Smith's fraud w snot an isolated act, as
d.)
fraud, 18 U.S.C. 1344(2), defrauding Plaintiff of his x5m
BMW approximate! ten days earlier; and,
ii.) upon information and belief, has defrauded others of money, such as Vincent
Zhang; and, I
Ms. Smith has conti,ously promised to repay Plaintiff, but has failed to make
restitution as of the te of this Complaint.
WHEREFORE, Plaintiff demands judgment, jointly and severally, against Defendants VVS 3,
Inc., and Vannipa Smith as follows:
A. For compensato damages, in the amount of $141,193.00, plus interest;
B. For treble damag s,
C. For punitive dam ges;
D. For attorneys' fe s; and,
E. For any and all o er relief deemed just and proper including declaratory and
injunctive relief.
14
COUNT FIVE-GUA NTOR OF DEBT(ADDITIONALLY OR
ALTER ATIVELY TO COUNT ONE)
(JOSEP E. RIAD V. VANNIPA SMITH)
70. Plaintiff incorporates by refi rence paragraphs 1 through 69 of this Complaint as if fully
set forth herein.
71. On October 22, 2012, Ms. mith guaranteed the debt owed by any party arising out of the
wire transfer alleged above, in wrifng. See e.g., ii 29.
72. Any amount of debt, owed 'Y any party, including debt ofVVS 3, Inc., found not to be
attributable to Ms. Smith under the octrine of piercing the corporate veil, was accepted up to
$168,000.00 as of the date of said riting. See e.g., ii 29.
WHEREFORE, Plaintiff demands judgment against Defendant Vannipa Smith, for any amount
found attributable only to VVS 3, I c., or any other entity liable under the above counts, as
follows:
A. For guarantor of debt, up to $168,000.00, plus interest
B. For attorneys' fef s; and,
C. For any and all fther relief deemed just and proper including declaratory and
injunctive relief 1
1
COUNT SIX-BREACH OF CONTRACT
(JOSEPH E. RIAD V. LW WI LESS, INC., AND WORLD WIDE AUTO SERVICE
CENER, INC.)
73. Plaintiff incorporates by re erence paragraphs 1 through 72 of this Complaint as if fully
set forth herein. ,
74. The agreement or "bargain ~ f the parties, in fact, as found in their express language and
course of dealings", 13 Pa.CS. 1201(b)(3), 1205(a), required the Corporate Defendants, by
and through their agent(s), Nick W ng and/or Steve Wang, to pay Plaintiff $141,193.00 and the
$2,000.00 in additional expenses. 'ee e.g., ii 8, 16-19.
15
75. The agreement or "bargain of the parties, in fact, as found in their express language and
course of dealings", 13 Pa.CS. 120l(b)(3), 1205(a), required the Corporate Defendants, by
and through their agent(s), Nick ang and/or Steve Wang, to pay Plaintiff said money at or
before the time Plaintifftransferre possession and title. Alternatively, 13 Pa.CS. 2310(1),(2)
required same. See e.g., ~ 8, 16-19.
76. Contemporaneous or near y contemporaneous with Nick Wang's failure to tender
payment, Plaintiff transferred po session and title of the above referenced BMW s to the
corporate defendants, and had in al other respects performed all conditions, covenants, promises,
duties, and responsibilities require of him to be performed in accordance and in conformity with
the parties agreement. See e.g., ~ 3 .
77. The above corporate defen
1
ants have failed to perform under the agreement, as to date
payment has not been tendered to P aintiff See e.g., ~ 22, 31, 37.
78. The actions cited in ~ 77, namely failing to tender payment to Plaintiff, constitutes a
breach of contract.
79. Plaintiff has suffered finan ial loss as a result of said breach in the amount of $141,
193.00, plus interest.
COUNT S VEN-BREACH OF CONTRACT
(JOSEPH E. RIAD V. LW LESS, INC., AND WORLD WIDE AUTO SERVICE
CENER, INC.)
80. Plaintiff incorporates by re rence paragraphs 1 through 79 of this Complaint as if fully
set forth herein.
81. The bargain of the parties, in fact, as found in their express language and course of
dealings, applied under the UCC, equired payment to be tendered (via cashier's check), given
only to Plaintiff. See e.g., ~ 16-19, 1.
16
82. Prior to Nick Wang's trans er of $141,193.00 on or about July 27, 2012, Plaintiff had
performed all conditions, covenant , promises, duties, and responsibilities required of him to be
performed in accordance and in con ormity with the parties agreement. See e.g., i-f 31, 32.
83. The actions of the Corpora e Defendant's, by and through Nick Wang, in transferring
$141,193.00, owed Plaintiff, to s. Smith's business account in lieu of sending Plaintiff a
cashier's check, constitutes a breac of contract. See e.g., i-f 18-21.
84. Plaintiff has suffered fina cial loss as a result of said breach m the amount of
$141,193.00, plus interest. See e.g., i-f 36.
WHEREFORE, Plaintiff demand judgment, jointly and severally, against Defendants LW
Wireless, Inc., and World Wide Aut Service Center, Inc., as follows:
A For compensato damages, in the amount of, $141,193.00, plus interest;
B. For any and all ot er relief deemed just and proper including declaratory and
injunctive relief.
COUNT EIGHT-UNJUST EN CHMENT (ALTERNATIVE TO COUNTS SIX AND
SEVEN)
(JOSEPH E. RIAD V. LW WIRE ESS, INC., AND WORLD WIDE AUTO SERVICE
CENER, INC.)
85. Plaintiff incorporates by refi rence paragraphs 1 through 84 of this Complaint as if fully
set forth herein.
86. The benefit of the x5m B and the x6 BMW were conferred on the corporate
defendants, as possession and title said cars was transferred by Plaintiff to said defendants.
See e.g., i-f 32.
87. The corporate defendants ha e appreciated the benefit of the above referenced BMWs as
there was an actual and legal accep ce of the x5m and x6 BMWs and the concomitant profit of
$200,000.00 and $250,000.00 respe tively. See e.g., i-f 32, 36.
17
88. Acceptance and retention o the two vehicles, valued collectively at or around
$450,000.00, would be inequitable or the corporate defendants to retain without payment of
value to Plaintiff.
89. Plaintiff has suffered fin cial loss as a result of this unjust enrichment, valued at
$450,000.00, plus interest. See e.g. i! 32, 36, 37.
WHEREFORE, Plaintiff deman s judgment, jointly and severally, against Defendants L W
Wireless, Inc., and World Wide Au o Service Center, Inc., as follows:
A For restitution damages of the value of the benefit conferred on the
corporate defendant , in $450,000.00, plus interest;
B. For any and all ot er relief deemed just and proper including declaratory and
injunctive relief.
Respectfully submitted,
Mickala Lorraine Rector, Esq.
Attorney ID NO.: 260445
Abbs & Console, LLP
Attorney for Plaintiff, Joseph E. Riad
18
XHIBIT A
:HASEO
Chase.com I Contact Us I Privacy Notice I En Espanol I lal
My Accounts Payments & Transfers Products Services I Customer Center
payments & Iransfem > Wire Act!ylly > Wire Detail
Wire Detail o Help with this page I'd like to
Review this request - Read and onfirm the details for this wire request. Click
"Wire ActMly" to go back on the Activity page.
Wire Details
Wire to van lpas Company( ... 3168)
Wire from BU INESS CLASSIC ( ... 9059)

Wire amount 674 4.00 U.S. Dollars (USO)
Scheduled On 6 07'2712012 at 05:03 PM ET
i
Wire date 07/3012012
Measage to recipient 6 Re X6Fund
Message to recipient bank X6 und
Memo6 X6 und
Transaction number 491 534068
Fed reference number NIA
Add a recipient
See wjre acl!vj!y
See/URdate rec1p;en1&
See more choices
EXHIBITB
Fw: Statement on two wired F nds
1 message
Joseph Riad < jriad@riadholdings.com>
Reply-To: Joseph Riad <jriad@riadholdings. om>
To: Mickala rector <kalarector422@gmail.co >
----- Forwarded Message -----
From: Nicholas W <nycfinance201 O@gma,11 corn>
To: "Enedy, Scott M" <senedy@pa.gov>
Cc: jriad@riadholdings.com
Sent: Sunday, October 21, 2012 11 :15 AM
Subject: Statement on two wired Funds
Dear Officer Scott,
Kala Rector< kalarector422@gmail.com>
Tue, Apr 23, 2013 at 6:34 PM
The two funds that have wired to VVS3 INC (Vannipa Smith's Company) were for Mr. Joseph
Riad. I
I have sent you both receipts before. be advised.
I
If you have any questions please me at any time.
Nick Le \Nang
UV \Virdess lnc.
718-501-
1
{?87
I
I
I
https://mail.google. 51412013
I
EXHIBITC
JOSEPH RIAD, being duly sw m according to law upon his oath, deposes and says:
1. I am a resident of the sf of Pennsylvania with a primary residence in
Nottingham, Pennsylv,a.
2. I also have a residence ii Kennett Square, Pennsylvania.
Relationship between Parties:
3. I met V annipa Smith thr
1
ugh a mutual acquaintance. Several days after meeting
her, she introduced met Nick lee Wang(lc wireless) and Steven Wang of(
World Wide Automotiv s ).
4. Shortly thereafter, Nick d Jason traveled to my Pennsylvania residence to look
at a car I owned. Nick urchased the car while in Pennsylvania.
5. Ms. Vannipa Smith acc+panied them on this business endeavor.
6. After that purchase smoothly, Nick and Jason, on behalf of World Wide
I
Automotive purchased ,ore of my cars.
7. When they came to Pen1'sylvania, Ms. Smith would either accompany them down
or meet them at my housb (as she lived in Virginia). She came frequently with
Jason and his l':f 'll,\?i ! '"'P'A ''" " ""
8. Tue cars purchased were always located in Pennsylvania and always
picked up by Nick, Jaso, or a carrier from one of my Pennsylvania residences.
Ms. Vannipa Smith 1
1
9. Ms. V annipa Smith has ,lso come to Pennsylvania to negotiate separate
transactions with me. ThtY were primarily loans that I rejected, and investments
!
in her business plans I had no interest in.
lO. I have never been Ms. S+ith's partner in any business endeavor, nor have I
represented that I was Mt. Smith's business partner.
11. Consistent with this, the I ars I sold to Nick, Steve and/or World Wide
Automotive have always been in my name.
12. My understanding is tha in many or all of these transactions, Vannipa served as
the buyer's broker.
I
I
13. Prior to July 27, 2012, nf person ever asked me ifVannipa was my partner, nor
did any person make an1 statement that indicate that they labored under that
misunderstanding. i
l
Pa ments made Exclus vel to Me:
14. I always required payme t to be made only to me; and, Nick sent cashier's checks
to one of my houses. I
15. The profits from these s1les were deposited in one or both of my Chester County,
Pennsylvania banks. I
I
16. V annipa Smith has nevet had access to any of these accounts, signing authority or
any property interests. I never had any property interest in any of V annipa
Smith's bank accounts. I
i
Sales Transaction Giv Rise to Com laint:
17. On or before July 27, 20 r Nick contacted me to negotiate the purchase of an
x5m (special order) and I 6 BMW. Per this agreement I was to be paid $139,
193.00 plus two thousanf for ordering the cars. Ifl was to order a car, I would
charge 1000 dollars per tar, to cover all my expenses.
18. As always, the vehicles ere located in one of my Pennsylvania houses and Nick
was to remit payment 04y to myself.
19. The vehicles were picket up from my Pennsylvania house and delivered to
Nick/Steven/World Widt Automotive in Newark, New Jersey or to the port in
NY.. I
II
Nick Wired my Money r
20. On or about Ju1y 27, Vannipa convinced Nick Wang ('"Nick") to wire
. !
$139,193.00 mto her acfount.
I
21. I have never given pem)ission to V annipa, Nick, Steve World Wide Automotives
i
I
or any other person or $.tity for that matter, to wire my money into Vanni pa's
'1
bank account.
22. On or about the day I Itamed of the wire transfer, I was furious and called Nick
1
to ask him why he had lone such a thing.
I
23. Nick represented to melthat he did this because Vannipa told him that her and I
were partners. Nick stated that V annipa told him that she was en route to
I
I
Pennsylvania and wou1f remit the wired money to me there.
l
24.I told Nick that this wa.$ ridiculous as I had never stated or even implied that
!
Vannipa was my
25. I asked Nick why he difn't call me to confirm such a statement before wiring
over a hundred thousa4d dollars of my money into some woman's account.
26. He said he trusted her his roommate from college that introduced her to
I
I
him called her mom, a.fd she was an older Asian lady, and he trusted her because
I .
she delivered cars to
Demand for Reverse-Wire T*ansfer
27. During this discussion, ji demanded that Nick have his bank perform a reverse-
]
wire immedietly, as he pad no right or permission to transfer my money to
I
V annipa, and V annipa no right to accept my money. The mere fact she lied
to him and said to him i wou1d be ok with that freaked me out and I was
I
convinced there is somtthing wrong here. I told him this is my money and if I
I
wanted to give it to vanlnipa, I wou1d have done it myself.
I
28. At the time I made this demand of Nick, I informed him that banks would
ordinarily perform reverse-wire transfers, especially in fraud situations, for forty-
eight hours or more.
29. It is my belief that at the.time ofthis demand, Nick's "sending bank" could still
have performed a reverse-wire.
30. Nick apologized and conceded his mistake. Nick represented to me that he went
to the bank and requested a reverse-wire, but they refused.
31. I advised Nick to take his customer to the bank with him to demand the reverse
wire again, but he refused saying that he didn't want to "lose face" in front of one
of his biggest clients. Hie also told me Vannipa assured him she will return the
money. I told him how can you believe her after she lied to you.
32. I was very angry and started fighting with Nick, and got my legal advisor, Gary
Williams on the phone, and he started yelling at nick, and told him to get his act
together. Nick was calm and told Gary he would sign an IOU note until Vannipa
returned the money to him.
33. Nick stated that he would take responsibility for any harm that came from his
mistake.
34. Per the request of World Wide Automotive's attorney, Nick requested I submit an
invoice for payment. Said invoice was submitted on September 1, 2012.
35. It is my understanding that the x5m was sold for approximately $200,000.00 and
the x6 sold for approximately $250,000.00 in China.
Vannipa Retains Possession of the Transferred Funds:
36. I also called V annipa who promised to drive to Pennsylvania and tender my
payment.
37. When Vannipa didn't do as promised I continued to call, email and text her,
demanding my money and calling her a thief. Shortly thereafter, she stopped
answering her phone. I was also frustrated because she was holding my passport
hostage, knowing I needed to travel for business and she threatened me to destroy
it if I continued to demand my money. I called the cops, Trooper Enedy from the
Avondale state police and reported all this, and they said it was a civil matter. I
was shocked they did nothing about this matter.
38. On or around this time I learned of a second fraud incident, wherein Vannipa used
my cashier's check to pYrchase an x5 BMW. Claims surrounding this incident
are being litigated contemporaneous with this case.
39. On October 22, 2012, I drove to Vannipa's restaurant and demanded she return
my money. At that time she claimed she was in Thailand, and Evelyn wanted to
show me she is a liar and a fraud, so she called me while she was at her
restaurant, and I showed up and she was shocked. I asked her how can she be
such a liar and a fraud, and continue to lie like that. In response to my question
and demand for the return of my money, she conceded that she owed me the
money and signed a confession and promise of repayment to such effect.
(October 22, 2010).
40. Vannipa wrote this confession and guarantee in front of two witnesses, Evelyn
Drovot and Ms. Andujar-Rivera.
41. Per the request of Nick/Steven/World Wide Automotive's attorney, I sent an
invoice to Nick on September 1, 2012, requesting payment immediately.
42. On a date prior to the filing of said Complaint, Nick promised to me that he and
his company would pay me the money owed ifVannipa had not remitted said
payment by December, 2012. Said promise was made in the presence of Gary
Williams.
43. As of today's date, I have not received payment from any of the defendants
captioned in my Complaint.
Deponent states that the above statements are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Sworn & Subscribed before me on this
May, 2013.
I) dayof

Notary Public
NOTARIAL SEAL
TINA J MAGANA
Notary Public
NEW TWP, CHESTER CNTY
My Commission Expires May 23, 2013
L.S.
EXHIBITD
-------
16W350 94TH Street
Burridge, IL 60527
Tel: n3-245-6145
PRIMETRACKINC@GMAIL.COM
Driver:
PICK UP
Name:
Address:
City:
Phone:
STOCK# YEAR MAKE
1
2
3
4
s
6
7
8
g
10
A- Broken
B- Bent
c - Chlooed
D - Dented
E - Defective
F - Scuffed
G- Gouged
H - Stained
J - cut
ST:
MODEL
K- Cracked
L- Loose
M - Mlsslno
ELIVERY
Name:
Address:
City:
Phone:
VIN
N - Painted over R - Punctured
P - Paint defect S - Scratched
o - Hall damaoe T - Torn
W-Wavy
X - Present
Z - Other
ST:
PRICE
$
TOTAL
Terms: Net c.o.o.
Receiving agent must haw driver sign here 8Cknowllg/l(J damages
* NOTE .. No claims wm be honored unless noted on this Bm of Lading at time of delivery
PRINTED NAME AND SIGNATURE

Printed Name MUST ACCOMPANY DEL.WERY

;
ShiPRer's agent at pick up Pick up date Shipper's agent at delivery Delivery date
-- - .. -
- - - - ---ca .... ,. i"
1
1 lJ JAQUES A VE, RABW A Y NJ 07063
Phone: (201-456 3654) Fi:i: (731-499 9051)
e-mail: rutstr.ln3por1@gmail.com
SILL OF LADING
- --- .. -.
.
ORIGIN
OEST1NAT10N
X
,,-
' >
'(EAR:

0':)/(Y // <--
C::- .:._... l' r" .

'toNdee :inct ro CtW&lll .,.,.,,_ty r1o d 1tie fl'.'111.,.,alwc
'""PQ r11r "4 R""'POI.-. ,frtlt "91taqe by
iOT f:<t Rl!lllpOI.....,.. b> 0.1 ... 119 HOT CJused by .
ORJGIN
_. . ..,.. llr!o.tow?4.w'd t"e .nj l/'4
;l.!1dTt, r.-m..
r.., ch,rd '7y . nj t:a,..:.dcris,
n <"cod .u
f1".-.rnby P. .. \.:ba'111t-1 n:-.m,"'1y

0 .. '<11:-----------------
r.1 .
. ,' lC
------ --------------
EXHIBIT E
886 SHARPLESS RD.
Hockessin, OE 19707
Phone 484-880-3683
TO:
Nick Wang
LW WIRELESS INC.
132-53 34t11 ave.
Flushing, NY 11354
347-831-6066
SHIP TO:
Same
COMMENTS OR SPECIAL INSTRUCTIONS: N c \;( I v \ e a s ~
~ , "\J'\,)O \ (Q_ -\\ S 1\ V .
SALESPERSON P.O. NUMBER REQUISITIONER SHIPPED VIA F.O.B. POINT
Joe Riad Newark,NJ
QUANTITY DESCRIPTION UNIT PRICE
1 BMW XS VIN# 5UXZV4CSXDOB06986 66445
1 BMW X6 VIN# SUXFG2C51DL783728 72748
SUBTOTAL
SALES TAX
SHIPPING & HANDUNG
TOTAL DUE
Make all checks payable to Riad Holdings .
If you have any questions concerning this invoice, contact Joe Riad
Thank you for your business!
INVOICE #003
DATE: 09/01/2012
TERMS
Pass Due
TOTAL
66445
72748
139193
0
0
139193
EXHIBIT F
10- z l_- '2 0 \'L_
Li. UL- V\C S-5 3 O -339- ollf-?%
18- 2.--=1 - Sf;
-
,;;- l-. . h:> re f
u '"' &= 5 '0 )<. :z. v 4 c s 8' D3 '+'-=/ 2.
f La\-e.. 3= I =s 1 I z35
'}_ re c, e. l) e_A.._ h". !! CCQtY\b
)( 5M. '
..
iu u ll vi 1 c'-< A t'\& 0 J C\f " u ..
/o/a/12 -7f121,,
71
k1u-;t Ul1cti-t('ar1t/t?tf,

Riad v. LW Wireless, Inc. Et Al 2.13-Cv-02596 Doc 1 Filed 13 May 13

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Riad v. LW Wireless, Inc. Et Al 2.13-Cv-02596 Doc 1 Filed 13 May 13

Uploaded by

Copyright:

Available Formats

The JS 44 civil COV

You might also like