Professional Documents
Culture Documents
STATE OF OKLAHOMA
PETITION
independent distributors to open nutrition “clubs” across the country and in Oklahoma. It is one
of the four largest direct sales companies in the US and is publicly traded. Individuals who
recruit others into the business or who are immediately above others in the program are often
called “sponsors.” Herbalife recently changed the operations of “clubs” in order to comply with
an FTC Injunction and Order that required it to pay 200 million dollars in 2016 to the FTC.
Defendant Seth Daugherty lives in Oklahoma County, and does business as “Seth
Spencer” and Lifechangers Nutrition. Defendant John Doe is the person who owns the trade
name Oklahoma STS, an entity that under belief is utilizing some sort of corporate structure to
capture funds and recruit persons to monthly Herbalife meetings, including persons in Cleveland
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The acts and omissions complained of occurred in Cleveland County Oklahoma, and
involve property in Cleveland County, such that venue and jurisdiction are appropriate.
FACTS AND CAUSES OF ACTION
1. Defendant Seth Daugherty under information lives at 2617 Merlot Court in Edmond
sell more Herbalife product and profit from wholesale purchase of the product.
2. Defendant John Doe set up “Oklahoma STS” an entity that captures money from
Herbalife dealers and prospective recruits, and that meets on a regular basis. The
11/6/2017). This website indicates meetings set up across the state of Oklahoma,
where persons such as Plaintiff and Defendants can attract persons to join Herbalife
under them. Defendant Daugherty is listed on the site as the contact person. Under
information and belief, a business account for Defendant Oklahoma STS has captured
thousands and thousands of dollars of funds, yet Defendant Daugherty has not shared
any of those with Plaintiff, and has purposefully removed Plaintiff’s name, preventing
Plaintiff from benefiting like the other distributors who are still on the site.
property, created rules to prevent Plaintiff his recruits him from attending meetings.
3. Plaintiff trusted Defendant Daugherty as Defendant had reached high success in the
that he would get him to “President’s Level” and promised him that they would split
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corroborating their fifty-fifty agreement, and numerous witnesses were privy to the
large part due to conspiring with other Defendants, and directing his and Plaintiff’s
Plaintiff funds and directing him to “stack” product sales, in violation of the FTC
Order (attached as Exhibit 1), in violation of a 1986 injunction from Santa Cruz,
California, still valid against Herbalife, and in violation of Herbalife’s policies and
procedures.
5. Defendant Daugherty falsely promised Plaintiff luxury and riches by following his
advice and purchasing “Nutrition Clubs” allowed by Herbalife. Over time, Defendant
includes the use of alcohol and a highly addictive illegal narcotic. After building a
large amount of trust, on April 14, 2014, Defendant Daugherty encouraged Plaintiff to
partake for the first time in the illegal narcotic, and introduced Plaintiff to this
dangerous narcotic. Over time, Plaintiff became too involved in the narcotic and
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guarantee the buildout of a store front in Norman, for a new Herbalife nutrition
“club” and for Plaintiff to personally sign the lease on behalf of their partnership.
8. After gaining Plaintiff’s trust, another of Defendant Daugherty’s recommendations
for their partnership was for Plaintiff to help Defendant Seth Daugherty “stack”
product and gain higher levels of success and commissions by falsifying actual retail
sales, and instead by purchasing large amounts of product. Such “stacking” is against
from the Santa Cruz District Court in California (that is still valid), and in violation of
an FTC Consent Order that Herbalife signed in 2016 (after it paid 200 million dollars
to the FTC for allegedly having a sales process detrimental to consumers). Ex. 1.
9. Defendant Daughterty utilized sham shell structures to capture Herbalife
commissions and profits, including the Defendant Lifechangers Nutrition LLC, and
the bank account under the fake name “Seth Spencer.” Defendant Daughterty
conspired with Defendant John Doe who owns and operates Defendant Oklahoma
STS, to capture funds and organize the state regular Herbalife Meetings.
10. Defendant Daugherty’s numerous encouragements for Plaintiff and Defendant to
violate Herbalife policies and perform unethical actions were legion. Last year,
Defendant Daugherty recorded large amounts of sales for three months, and moved
into a higher commission structure, when in truth, the reason was that Defendant
encouraged and relied upon falsification of sales and “stacking” of product. In fact
Daugherty gave Plaintiff money to purchase product over three months, in order to
Herbalife.
11. Based on Defendant Daugherty’s promises and partnership, Plaintiff took out over
100,000 dollars in loans for construction and a lease and took out other loans to make
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the store front operate. However, the store did not do well. Plaintiff and Defendant
convert and take for himself all the equipment, product, fixtures and property in the
club they were partners in, and Plaintiff called and made a police report. The police
determined it was a civil matter, and did not charge Defendant Seth Daugherty with
any crime.
16. As a result of Defendant Daugherty’s violation of trust, and attempt to take all the
relationship soured. “STS” meetings occur regularly and are an opportunity for the
successful upline participants in Herbalife help downline persons, and share ideas.
Also, the meetings are paid for by participants. Defendant Daugherty (who has the
Oklahoma citizens for “training” contrary to the FTC injunction (Exhibit 1), to
defame Plaintiff, and to remove Plaintiff from the Herbalife social media.
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17. The real estate company that leased the store front to Plaintiff for the partnership sued
Plaintiff for the entire rent (as Daugherty had convinced Plaintiff to only put his name
on such lease and borrow money). Plaintiff decided to better himself and seek
rehabilitation for the addiction that Defendant Daugherty introduced him to.
18. Plaintiff was able to pay for treatment on his own, until his finances dwindled.
19. Plaintiff also filed for bankruptcy and lost much income, and through the support of
his Church, Journey Church in Norman, the Church continued to pay for his
rehabilitative treatment, and counseled him regarding how to deal with the harm that
Plaintiff has been able to keep away from the illegal narcotic.
20. To this day, Defendant Daugherty has not taken accountability for his portion of debt,
in light of the fact that he moved “up” in the company to “Presidents level” and is
receiving higher levels of commissions. Defendant Daugherty has not split any of the
profits with Plaintiff for Plaintiff’s efforts, and Defendant has not covered his debts
for the partnership and reimbursed Plaintiff for the losses that Plaintiff bore.
21. In fact, Defendant Daugherty, in concert with co-Defendants, has “badmouthed” and
stigmatized, in order to deflect the truth that Defendant Daugherty took advantage of
Plaintiff and used his position of trust to engage Plaintiff in unlawful and
inappropriate activity.
22. Plaintiff seeks a cause of action for breach of fiduciary duty, as Defendant Daugherty
created a position of trust and abused that position, promised Plaintiff a 50/50
partnership, then introduced Plaintiff to a dangerous and illegal narcotic, and caused
Plaintiff to lose income and file bankruptcy, while Defendant Daugherty through
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23. Plaintiff seeks a cause of action for breach of oral partnership agreement, and seeks
this Court to disgorge the profits that Defendant has kept but that in part belong to
Plaintiff as part of the oral partnership, and for Defendant to pay his half of debt back
to Plaintiff, including the debt for rent, product Plaintiff paid for, attorney fees for the
bankruptcy, payment for the rehab treatment, for the construction and other business
loans taken out in furtherance of the partnership, and for intentional infliction of
defamation of Plaintiff.
25. The police incident report from 2016 filed by Plaintiff clearly implicates that
Defendant Daugherty chose to lease a UHaul and had it packed, and performed a ruse
to lure Plaintiff away from the store, in violation of his fiduciary obligation to the
about to drive off with everything that the partnership had placed in the store, and the
police helped Plaintiff keep materials that belonged inside the store.
26. Under information and belief, after Daugherty was caught attempting to steal the
partnership store assets in 2016, Plaintiff learned that some of the equipment that
Daugherty had “brought to the table for the partnership” was apparently equipment he
had previously pilfered from another outfit called New Sky Nutrition. Defendant
Daugherty has apparently repeated this same pattern of violation of trust and has
for three consecutive months of product purchase, when in fact it was Daugherty who had
provided the purchase of such product. The purchase of wholesale volume to earn income is
both contrary to Exhibit 1 (the FTC injunction), but also a 1986 permanent injunction from
California that applies to Herbalife.
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27. Shortly after Plaintiff’s “sponsor” (The Defendant Daugherty) violated his trust and
lied to him, and attempted to convert the business away from the location that had a
long term lease Plaintiff had unilaterally signed on behalf of the partnership, Plaintiff
contacted Herbalife and told the corporate office what Defendant Daugherty, his
what Daugherty had done in violating their partnership: Kris Bikerstaff; Michael
Defendant Daugherty is now being asked to fly around North America and preach to
the incredibly unethical actions. Plaintiff is seeking damages at this time against only
Defendant Daugherty for harm he caused, and against the other co-Defendants to the
extent they have aided and conspired with Daugherty to harm Plaintiff.
31. Plaintiff has been able to struggle and survive, in light of the massive expenditures
that Defendant Daugherty caused Plaintiff to incur for the partnership store front that
bankruptcy, Plaintiff has been able to maintain a nutrition club, and has begged and
defaming him and from defaming Plaintiff’s existing operation of a nutrition club.
Plaintiff seeks a cause of action for unjust enrichment by Defendant Daugherty based
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on Plaintiff’s and Daugherty’s partnership agreement and based on Plaintiff’s
present to the Court the amount of profit that Daugherty has made from Plaintiff’s
half, per the partnership agreement they made, and for Daugherty to reimburse
Plaintiff for half of the partnership debt that Plaintiff had to cover.
35. Plaintiff seeks a claim for breach of fiduciary duty against Daugherty, as well as civil
conspiracy between Daugherty and other Defendants, to harm plaintiff and defame
him.
36. Plaintiff also seeks a claim for tortious interference with his business.
37. Plaintiff also seeks declaratory judgment that Defendant Lifechangers Nutrition LLC
business plan in violation of the FTC injunction (Exhibit 1), in violation of the 1986
(as well as other President team members in Oklahoma) has encouraged the creation
of LLC’s such as Defendant Lifechangers Nutrition LLC to “stack” and improve his
individual spot in the Herbalife matrix, to the detriment of persons such as Plaintiff.
No federal causes of action are sought, and Plaintiff seeks actual and punitive Damages
outset of this case, and demands the first available date, in part to request that Defendants not
delete any text messages or emails in order that Plaintiff be able to conduct meaningful
_______________________________
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Alexander Bednar, OBA # 19635
BEDNAR LAW FIRM
3030 Northwest Expressway Suite 200
Oklahoma City, OK 73112
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
On this date, I served the following attorney, who has consistently represented Defendants in this
case since June of 2017:
Seth Daugherty
2617 Merlot Court
Edmond OK 73013
____________________________
Alexander Bednar
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