Filing # 148243473 E-Filed 04/22/2022 04:22:12 PM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL

CIRCUIT IN AND FOR MIAMI-DADE COUNTY

HECTOR JOSEPH DÁGER GASPARD,

Plaintiff,

v. Case No.

JOSE GASPARD MORELL, CHAMEL

GASPARD MORELL, SIDNEY ENTERPRISES,
LTD., a British Virgin Islands corporation,
SUMMA EXPORT, INC., a Panamanian
corporation, MEGA STORE PREMIUM
MARKET, INC., a Panamanian corporation,
GUACUCO INVESTMENT FOUNDATION, a
private interest Panamanian foundation and
YELLOWSTONE INTERNATIONAL GROUP,
INC., a British Virgin Islands corporation,

Defendants.

COMPLAINT AND JURY TRIAL DEMAND

Plaintiff, Hector Joseph Dáger Gaspard, (“Dager” or “Plaintiff”) files this Complaint

against Defendants Jose Gaspard Morell (“Jose Gaspard”), Chamel Gaspard Morell, (“Chamel

Gaspard”), as individuals, Sidney Enterprises Ltd. (“Sidney”), a British Virgin Island corporation,

Summa Export, Inc. (“Summa”), a Panamanian corporation, Mega Store Premium Market, Inc.

(“Mega Store”), a Panamanian corporation, Guacuco Investment Foundation (“Guacuco”), a

private interest Panamanian foundation, and Yellowstone International Group, Inc.

(“Yellowstone”), a British Virgin Islands corporation (collectively referred to as “Defendants”)

and alleges as follows:

 NATURE OF THIS ACTION

1. This is an action for preliminary and permanent injunctive relief and for

compensatory damages against Defendants for the theft of $41 million dollars from Dager and his

companies, and the subsequent laundering of those proceeds utilizing the banking system of the

United States, to ultimately reinvest the laundered funds for Defendants’ own personal benefit in

the United States and in Panama.

2. This action is filed pursuant to the provisions of Chapter 772, Florida Statutes

(2022), the Civil Remedies and Criminal Practices Act, and to other causes of action.

PARTIES

3. Plaintiff Dager is an adult citizen of Venezuela residing in the Republic of Panama

(“Panama”). Dager owns real property in Florida through duly incorporated holding companies.

Dager has conducted business throughout the state the Florida.

4. Defendant Jose Gaspard is an adult permanent resident of Panama with dual

citizenship in Venezuela and Spain. At all material times, Jose Gaspard was the designated

attorney-in-fact for Dager. Jose Gaspard is the brother-in-law of Dager and his first cousin.

5. Defendant Chamel Gaspard is an adult permanent resident of Panama and a citizen

of Venezuela. Chamel Gaspard is the brother of Jose Gaspard and a first cousin to Dager.

6. Defendant Sidney is a duly incorporated British Virgin Islands corporation

beneficially owned and controlled by Jose Gaspard. Sidney does substantial and not isolated

business in the state of Florida.

7. Defendant Summa is a duly incorporated Panamanian corporation owned and

controlled by Jose Gaspard.

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 8. Defendant Mega Store is a duly incorporated Panamanian corporation owned and

controlled by Jose Gaspard.

9. Defendant Guacuco is a duly incorporated private interest foundation in Panama

owned and controlled by Jose Gaspard and for his benefit. Defendants Jose Gaspard and Chamel

Gaspard are members of the foundation and act as its President and Treasurer respectively.

Defendant Jose Gaspard’s spouse, Eva Dager de Gaspard, serves as a member and secretary of the

foundation and acted as its founder.

10. Defendant Yellowstone is a duly incorporated British Virgin Islands corporation

that does business in the state of Florida and holds title to various mortgages encumbering real

property located in Miami-Dade County, Florida. Yellowstone is beneficially owned by Dager.

JURISDICTION AND VENUE

11. This Court has subject matter jurisdiction pursuant to Section 26.012(2)(a) and (3),

Florida Statutes in that the amount in controversy exceeds the sum of $750,000 exclusive of costs,

interest and reasonable attorney’s fees.

12. This Court has personal jurisdiction over the foreign Defendants pursuant to

Section 48.193(1)(a)(1), (2), (3) and 48.193(2), Florida Statutes (2022) in that Defendants operate,

conduct, engage, or carry on a business or business venture in this state, Defendants committed

tortious acts within this state, Defendants own, possess or hold mortgages or other liens in this

state and lastly, Defendants engage in substantial and not isolated activity within this state within

the purview of Section 48.193(2), Florida Statutes (2022).

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 BACKGROUND

I. Plaintiff’s Power of Attorney and the Establishment of a Confidential Fiduciary

Relationship

13. Plaintiff Dager is a Venezuelan lawyer residing in Panama. Dager lives in Panama

City, Panama. Defendant, Jose Gaspard is married to Dager’s sister. Jose Gaspard is also Dager’s

first cousin and for the material period of time described here, Dager had a close and intimate

relationship with his brother-in-law and cousin. They were close family friends and Dager placed

a tremendous amount of trust and confidence in Jose Gaspard.

14. Dager has been a well-known and highly respected international lawyer since 1978

when he started practicing law in Venezuela. Since at least that time, Dager has maintained bank

accounts and various real estate investments in the U.S., including the state of Florida. These bank

accounts and investments have represented a vast portion of Dager’s retirement savings and family

wealth accumulated over many years of legal practice.

15. On or about April 15, 2018, amid various investigations in Europe into one of

Dager’s long-time clients of 12 years, Jose Gaspard approached Dager and proposed to Dager that

he should allow him to manage his various investments, companies, and properties in the U.S. for

asset protection and for investment growth

16. To that end, on April 27, 2018, Dager, at the urging of Jose Gaspard, executed and

delivered to Jose Gaspard a General Power of Attorney to confirm the confidential fiduciary

relationship established earlier in April and for the purpose of effectuating and facilitating Jose

Gaspard’s promise and commitment to reorganize and manage Dager’s various investments and

liquid funds in the U.S. for asset protection and investment growth.

17. It was explicitly understood that Jose Gaspard would handle and manage many of

the business obligations on behalf of Dager now as Dager’s attorney-in-fact, with the confidence

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and trust that Dager held for Jose Gaspard and with the utmost good faith and fair dealing required

of a fiduciary. In that regard and for that reason, among others, Jose Gaspard took over various

investments in which Dager was involved and helped run some of the businesses Dager solely

owned and operated in the state of Florida.

18. The overall goal of this fiduciary relationship was to protect, maintain, and grow

Dager’s assets as his fiduciary, while allowing Dager to focus on establishing his residence in

Panama where his mother resides, where the majority of his siblings have resided for years, and

where Dager already held various investments.

II. The Fraudulent Schemes to Defraud and Jose Gaspard’s Self-Dealing,

19. Defendant Jose Gaspard now acting in his fiduciary capacity, personally

recommended and structured multiple transactions ostensibly in the best interest of Dager. In

reality, the proposed transactions were fraudulent schemes aimed at misappropriating Dager’s

assets held in the U.S. for the benefit of Jose Gaspard’s own companies and those of his brother,

Chamel Gaspard.

A. The Insoven 20-22 Fraud

20. On April 17, 2018, Jose Gaspard prepared and executed a purchase and sale

agreement between himself and Dager where Jose Gaspard agreed to sell through his company,

Sidney, the first floor (Level 100) of a commercial building with three floors identified in Panama

as real property unit Ancla-B02 of the Las Anclas Mall. Jose Gaspard proposed that the transaction

be realized through the company “Industria y Comercializadora HG Insoven 20-22 C.A.”

(“Insoven 20-22) as the purchaser. The agreement was subsequently amended on October 12,

2018. Insoven 20-22 is a Venezuelan corporation owned and controlled by Jose Gaspard himself.

Defendant Jose Gaspard thereon proposed to name Dager as the director of Insoven 20-22 and

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promised to transfer the shares of Insoven 20-22 to Dager immediately, so that at closing of the

sale of the real property, the corporate holding company purchaser would be owned by Dager. The

contract was a sham. Jose Gaspard had no intention of transferring any real property to Dager or

to any corporate entity owned by Dager. The purported seller of the real property, Sidney, had no

interest in the identified real property. The sole purpose of the purported contract was to induce

Dager through this fraudulent scheme to in good faith transfer monies held by Dager in the United

States to accounts held by the Defendants in the U.S. and in Panama as more fully alleged below.

B. The Induven 12-72 Fraud

21. On April 17, 2018, Defendant Jose Gaspard prepared and executed a second

purchase and sale agreement where Jose Gaspard agreed to sell through Defendant Mega Store the

second floor (Level 200) of a commercial building with three floors identified in Panama as real

property unit Ancla-B02 of the Las Anclas Mall. The agreement was subsequently amended on

May 21, 2018. Defendant Jose Gaspard proposed that the transaction be realized through the

company “Industria JG Induven 12-72 C.A.” (“Induven 12-72) as the purchaser. Induven 12-72 is

a Venezuelan corporation owned by Defendant Jose Gaspard. Defendant Jose Gaspard thereon

proposed to name Dager as the director of Induven 12-72 and promised to transfer the shares of

Induven 12-72 to Dager immediately, so that at closing of the sale of the real property, the

corporate holding company purchaser would be owned by Dager. The contract was a sham. Jose

Gaspard had no intention of transferring any real property to Dager or to any corporate entity

owned by Dager. Mega Store had no title or interest in the real property that was being sold. The

sole purpose of the purported contract was to induce Dager through this fraudulent scheme to in

good faith transfer monies held by Dager in the United States to accounts held by the Defendants

in the U.S. and in Panama as more fully alleged below.

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 C. The Insoven 20-46 Fraud

22. On April 20, 2018, Defendant Jose Gaspard prepared and executed a third purchase

and sale agreement where Defendant Jose Gaspard agreed to sell through Defendant Sidney the

ground floor (Level 000) of a commercial building with three floors identified in Panama as real

property unit Ancla-B02 of the Las Anclas Mall. Defendant Jose Gaspard proposed that the

transaction be realized through the company “Industrias y Comercializadora Insoven 20-46 C.A.”

(“Insoven 20-46) as the purchaser. Insoven 20-46 is a Venezuelan corporation owned by

Defendant Jose Gaspard. As in the prior two agreements, Defendant Jose Gaspard thereon

proposed to name Dager as the director of Insoven 20-46 and promised to transfer the shares of

Insoven 20-46 to Dager immediately, so that at closing of the sale of the real property, the corporate

holding company purchaser would be owned by Dager. The contract was a sham. Jose Gaspard

had no intention of transferring any real property to Dager or to any corporate entity owned by

Dager. Sidney had no title or interest in the real property. The sole purpose of the purported

contract was to induce Dager through this fraudulent scheme to in good faith transfer monies held

by Dager in the United States to accounts held by the Defendants in the U.S. and in Panama as

more fully alleged below.

23. As such, Defendant Jose Gaspard proceeded to name Dager director of Insoven 20-

22, Induven 12-72 and Insoven 20-46 in the agreements with the promise and express

representation that the shares in each corporate entity would be transferred to Dager immediately

along with the corporate books and records. Defendant Jose Gaspard never transferred the shares,

nor did he have the present intention at the time he drafted, prepared, and executed the three

purchase and sale agreements of ever doing so because the real properties identified as unit B02

of the Las Anclas Mall were never owned or titled by Defendants Sidney or Mega Store, the

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purported sellers. The real property was in fact transferred and sold to third-parties by other

corporate entities owned and controlled by Jose Gaspard. The three purchase and sale agreements

with Dager were simply utilized as a subterfuge to extract from and defraud Dager of millions of

dollars which were used to benefit Jose Gaspard and his brother, Chamel, as more specifically

alleged below:

(a) Level 100: The purchase price to be paid Defendant Sidney as the purported seller

of Level 100 of Unit B02 of the Las Anclas Mall was $8,896,800 by way of the assignment

by Dager to Sidney of mortgages held by Dager in Yellowstone totaling $5,468,450, plus

an assignment of a mortgage and causes of action for $920,000, plus the balance of

$2,508,350 to be paid in cash by Dager. Dager assigned the mortgages held by Yellowstone

and transferred the monies as directed by Jose Gaspard. Sidney never owned Level 100.

The property was never transferred to Insoven 20-22 nor were the shares of Insoven 20-22

ever transferred to Dager.

(b) Level 200: The purchase price to be paid Defendant Mega Store as the purported

seller of Level 200 of Unit B02 of the Las Anclas Mall was $8,080,000 to be paid in cash

by Dager. Dager paid the $8,080,000 as directed by Jose Gaspard. Mega Store never owned

Level 200. The property was never transferred to Induven 12-72 nor were the shares of

Induven 12-72 ever transferred to Dager.

(c) Level 000: The purchase price to be paid Defendant Sidney for Level 000 was

$9,739,200 by way of assignment of mortgages held by Dager in Yellowstone totaling

$6,958,780.41 and the balance paid in cash totaling $2,780,419.59. Dager assigned the

mortgages held by Yellowstone and paid the balance in cash as directed by Jose Gaspard.

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 Sidney never owned Level 000. The property was never transferred to Insoven 20-46 nor

were the shares of Insoven 20-46 ever transferred to Dager.

24. In furtherance of the payments referenced above in Paragraph 22 (a), (b), and (c),

Defendant Gaspard directed Dager to effectuate the payments to accounts owned and controlled

by himself and his brother, Defendant Chamel, to wit: (i) account in the name of Sidney Enterprises

at J.P. Morgan in the U.S.; (ii) account in the name of Guacuco at J.P. Morgan in the U.S.; (iii)

account in the name of Jose Gaspard individually at J.P. Morgan Chase in the U.S.; (iv) account

in the name of Mega Store at the Julius Baer branch in the U.S.; (v) account in the name of Sidney

Enterprises at the Julius Baer branch in the U.S.; (vi) account in the name of Miramar at J.P.

Morgan in the U.S.; and (vii) account in the name of Jose Gaspard individual at Banco Mercantil

in Panama.

D. The PDVSA Invoices Fraud

25. In a similar fraudulent scheme, utilizing the identical modus operandi, on October

22, 2018, Jose Gaspard and Chamel Gaspard proposed to Dager an investment in invoices issued

by the state-owned petroleum company of the Republic of Venezuela, Petroleos de Venezuela,

S.A. (“PDVSA”). Jose Gaspard assured Dager the investment would be short-term and very

profitable. Jose Gaspard and Chamel represented they owned a group of PDVSA invoices through

their family foundation in Panama, Guacuco, and that the invoices had a face value of

$21,213,765.95. They further represented that the PDVSA invoices were legitimate obligations of

the Republic of Venezuela, that they owned the invoices free and clear of any liens or other

encumbrances. And they proposed to sell to Dager the group of PDVSA invoices they owned in

Guacuco at a discount for a total price of $17,819,563.30.

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 26. In a similar fraudulent pattern used for the purported sale of commercial real estate

in Panama, Defendants Jose Gaspard and Chamel Gaspard prepared and drafted a purchase and

sale agreement whereby Defendant Guacuco purportedly sold the PDVSA invoices to a

Venezuelan corporation owned by Jose Gaspard, Industrias y Comercializadora HG Insoven 20-

58 (“Insoven 20-58”) as the purchaser. The agreement was subsequently amended on October 24,

2018. Insoven 20-58 is a Venezuelan corporation owned and controlled by Jose Gaspard. The

agreement named Dager as a director of Insoven 20-58 and like in the prior transactions relating

to the commercial real estate in Panama, Jose Gaspard assured Dager that he would immediately

transfer the shares of Insoven 20-58 so that upon consummation of the transaction, Dager would

be the beneficial shareholder of Insoven 20-58 which in turn would hold the PDVSA invoices

purchased from Guacuco. The contract was a sham. Guacuco never owned any PDVSA invoices.

Guacuco thus did not, nor could it transfer or sell the PDVSA invoices to Insoven 20-58. Jose

Gaspard also never transferred the shares of Insoven 20-58 to Dager and never had the present

intention of doing so. The sole purpose of the purported contract was to induce Dager through this

fraudulent scheme to in good faith transfer monies held by Dager in the United States to accounts

held by the Defendants in the U.S. and in Panama as more fully alleged below.

27. In fact, the purchase and sale agreement to sell the PDVSA invoices to Insoven 20-

58 was all a fraud and a pretext to acquire from Dager substantial sums of money and title to

mortgages held in Florida. Jose Gaspard and Chamel Gaspard represented to Dager that the

PDVSA invoices would be paid in a very short period of time, in no less than three months from

the date of the purported agreement. It was false. They did not own the invoices in Guacuco nor

did they have the right to transfer them. Relying on such representations, Dager paid the total

purchase price of $17,819,563.39 by way of an assignment of eleven (11) mortgages held by

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Yellowstone totaling $3,054.000, and by way of cash wire transfers totaling $14,765,563.39,

Guacuco having received a wire transfer of $2,798,000 to its J.P. Morgan account in the U.S., and

the balance having been transferred to various other bank accounts designated by Defendant Jose

Gaspard for his benefit.

III. Yellowstone and Actions in Furtherance of the Fraud

28. Jose Gaspard did not act alone in the state of Florida. In fact, Defendants Jose

Gaspard and Chamel Gaspard acted with the knowing assistance of their lawyer in Miami-Dade

County. In October 2018, Jose Gaspard and his Florida counsel represented to Dager that the

mortgages held by Yellowstone that had been transferred by Dager to Sidney as alleged supra

were uncollectible. The representation was false, and Jose Gaspard and his Florida counsel knew

at that time that such representation was false. The representation was nonetheless made to Dager

in order to induce him to transfer additional mortgages held by Dager in Yellowstone under the

pretext that Dager had to make up the shortfall of the consideration to be paid for the fraudulent

transactions described above. Defendant Jose Gaspard and his Florida counsel further represented

that in order to successfully collect the mortgages transferred by Dager, Jose Gaspard had to

control Yellowstone in order to prosecute mortgage foreclosures when necessary. Jose Gaspard

and his Florida counsel then proposed a sale by Dager to Jose Gaspard of the shares of Yellowstone

in order to facilitate the collection of the mortgages and when necessary, the filing and prosecution

of mortgage foreclosures on the mortgages held in Florida. Dager, relying on the representations

of his fiduciary, Jose Gaspard, and Jose Gaspard’s Florida lawyer, agreed. The sale, however, was

never consummated. Jose Gaspard never paid the consideration for the shares of Yellowstone, the

transaction for the purchase and sale of the shares of Yellowstone was never closed and Dager

never transferred his shares in Yellowstone to Jose Gaspard. Dager to this day owns and holds the

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original share certificate of Yellowstone. Jose Gaspard’s Florida lawyer nevertheless obtained the

issuance of new share certificates in Yellowstone in favor of Jose Gaspard, by falsely representing

to the registered agent in the British Virgin Islands that Dager’s shares had been lost and that Jose

Gaspard was Yellowstone’s new shareholder. On that basis and on that false representation, the

Florida lawyer obtained the re-issuance of shares in Yellowstone in favor of Jose Gaspard without

Dager’s knowledge or consent.

29. Defendant Jose Gaspard having fraudulently obtained the ownership of Dager’s

mortgage company with the knowing assistance of his lawyer, then proceeded to collect the

portfolio of mortgages held by Yellowstone in the state of Florida for the benefit of Sidney and

Yellowstone, both corporate entities controlled by Jose Gaspard. The proceeds of those collections

were then transferred by Jose Gaspard with the knowing assistance of his attorney, to accounts in

the U.S. held in the name of or for the benefit of Jose Gaspard’s family, including his brother,

Chamel Gaspard, his wife, Eva Josefina Dager Gaspard, and various corporate entities owned and

controlled by them. Defendants Jose Gaspard and Chamel Gaspard have never accounted to Dager

for the sums collected from the mortgage portfolio held by Yellowstone and in fact have hidden

the fact that Jose Gaspard’s lawyer used her influence and reputation as Jose Gaspard’s attorney

to obtain re-issuance of the shares of Yellowstone in the name of Jose Gaspard.

30. Working in conjunction, Jose Gaspard and Chamel Gaspard took the fraudulently

acquired funds from the mortgages and additional cash payments and after various wire transfers

within the U.S. to their own accounts, Jose Gaspard and Chamel Gaspard wired the monies outside

of the United States into various foreign bank accounts.

31. In a further scheme to defraud, Jose Gaspard, as Dager’s fiduciary and attorney-in-

fact, directed Dager to transfer monies to accounts owned and controlled by him in the United

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States which were earmarked for payments towards the purchase by Dager of real property in

Madrid, Spain. The real property was identified as Montalban 11. Dager had negotiated for the

purchase of this real property since 2016 and the property had been under construction. Jose

Gaspard agreed to make the required payments on Dager’s behalf and to that effect directed Dager

to make the required transfers to Sidney and Summa. Dager complied. Of the sums transferred to

Sidney and Summa by Dager, $2,725,905.08 was earmarked for the purchase of Dager’s apartment

in Spain which would be titled in a limited liability corporation named Gold Moon Patrimonial.

As further shown below, once the funds were transferred by Dager to accounts designated by Jose

Gaspard, Jose Gaspard transferred the funds to his own personal account and thereafter transferred

the amount of $2,725,905.08 to Banco Santander for the benefit of Gold Moon Patrimonial.

WIRE TRANSFERS FOR THE BENEFIT OF GOLD MOON PATRIMONIAL

Sidney Mercantil Bank - USA 02/27/2020 $1,120,000.00 Jose Gaspard Mercantil Bank - USA

Sidney Mercantil Bank - USA 03/31/2020 $444,000.00 Jose Gaspard Mercantil Bank - USA

Sidney Mercantil Bank - USA 08/10/2020 $215,000.00 Jose Gaspard Mercantil Bank- USA

Sidney Mercantil Bank- USA 09/09/2020 $829,819.00 Jose Gaspard Mercantil Bank - USA

Summa J.P Morgan - USA 08/10/2020 $117,086.08 Jose Gaspard Mercantil Bank - USA

32. Jose Gaspard thereafter misappropriated Dager’s real property in Spain by

appropriating for himself the ownership interest in the holding company with title to the property.

Jose Gaspard also claims he purchased the property “with his own money” when in truth and fact,

he paid from an account in his own name with monies that were directly traceable to monies

provided to him by Dager.

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 33. As further shown below, the stolen monies have been removed from the United

States, reinvested into various other enterprises, and further used to deprive Dager of his businesses

and the proceeds therefrom.

34. All conditions precedent to the relief demand have been satisfied, have occurred,

or have otherwise been excused.

35. Plaintiff Dager has retained the services of undersigned counsel and has agreed to

pay them a reasonable fee for their services.

COUNT I – CRIMINAL ENTERPRISE

Against All Defendants

36. Plaintiff re-avers the allegations contained in paragraphs 1 through 35 as if fully set

forth herein.

37. Beginning on or about April 15, 2018, Defendants, Jose Gaspard, Chamel Gaspard,

Sidney, Summa, Mega Store, and Guacuco were associated together in fact as an enterprise

hereafter referred to as the “Gaspard Enterprise,” and by being employed by or associated with the

Gaspard Enterprise, did unlawfully, willfully, and knowingly violate various sections of 895.03,

Florida Statutes (2022), by conducting and by participating directly or indirectly in the conduct of

the affairs of the Gaspard Enterprise through a pattern of criminal activity which involved multiple

violations of the laws of the State of Florida and of the United States of America. Defendants

committed the following criminal acts: Theft pursuant to section 812.014(1), Florida Statutes

(2022), False Statements to Obtain Property pursuant to section 817.03, Florida Statutes (2022),

Forgery pursuant to section 831.01, Florida Statutes (2022), Organized Fraud pursuant to section

817.034, Florida Statutes (2022), Florida Money Laundering pursuant to section 896.101, Florida

Statutes (2022), Federal Money Laundering pursuant to Title 18 United States Code, Section 1956,

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Mail Fraud pursuant to Title 18 United States Code, Section 1341, and Wire Fraud in violation of

Title 18, United States Code, Section 1343.

Goal and Purpose

38. The goal of this conspiracy and the purpose of the Gaspard Enterprise was to enrich

its members and its associates, through the repeated commission of diverse criminal acts. These

acts defrauded Dager and further led to the commission of criminal acts such as money laundering.

The Enterprise

39. The Gaspard Enterprise was not a legal entity but an association in fact of persons,

sometimes acting through legal entities, headed by Jose Gaspard.

40. Defendant Jose Gaspard, organized, promoted, and directed the Gaspard

Enterprise. He knowingly induced Dager to agree to various contractual transactions which were

entirely fraudulent with the intent of depriving Dager of his assets held in the U.S. Jose Gaspard

took the funds fraudulently procured on behalf of himself and the Gaspard Enterprise and

laundered the funds, reinvesting them in various other enterprises. Jose Gaspard directly controlled

Sidney. Jose Gaspard indirectly and directly exercised control over Yellowstone.

41. Defendant Chamel Gaspard, knowingly entered into false commercial transactions,

representing the ability to transfer title to the PDVSA invoices through Guacuco when in fact

Guacuco had no right, title or interest in the identified PDVSA invoices. Chamel Gaspard

personally presented many of these false documents to Dager in an attempt to induce Dager into

entering the fraudulent contractual transactions. Chamel Gaspard also knowingly accepted money

and property procured by actions of the Gaspard Enterprise.

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 42. Sofia Powell is the attorney for Jose Gaspard and Sidney. Sofia Powell transferred

monies procured from the criminal acts of the Gaspard Enterprise by transferring monies from her

firm’s trust account to accounts in and outside of the United States.

43. Defendant, Sidney, was used by each of the above Defendant’s to procure and

launder monies acquired in the course of the Gaspard Enterprise.

The Pattern of Criminal Activity

44. On April 27, 2018, Jose Gaspard, as a relative and trusted friend, was given a power

of attorney on behalf of Dager, with broad authority to act on behalf of Dager’s businesses,

finances, and other interests. A true and correct copy of the Dager Power of Attorney is annexed

hereto as Exhibit A.

45. Holding the power of attorney, Jose Gaspard had a fiduciary relationship with

Dager and had a duty to act in his best interest, in the utmost good faith.

The Fraudulent Transfers of Mortgages and Monies from Yellowstone to Sidney Enterprises

46. Criminal Acts No. 1–58: Theft. On or about the dates enumerated below as to each

criminal act, in Miami-Dade County, Florida, Defendants Jose Gaspard and Chamel Gaspard

knowingly and unlawfully obtained property of another totaling $17,127,992.78 as outlined below.

Jose Gaspard and Chamel Gaspard, through willful misrepresentation of a future act, fraud, or false

promise, with the intent to either temporarily or permanently deprive Plaintiff of his rights

therefrom in violation of section 812.014(1), Florida Statutes (2022). Each mortgage is outlined

below:

Property Description Mortgage Value Recipient

1. 1013 Castile Ave. $487,000.00 SIDNEY

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2. 3026 Aviation Ave. $672,000.00 SIDNEY

3. 9150 Fountainbleau Blvd. $120,000.00 SIDNEY

4. 390 NW 86 Pl. $140,000.00 GUACUCO

5. 545 NW 99 Ct. #545 $140,000.00 SIDNEY

6. 495 NW 98 Ct. #495 $128,000.00 SIDNEY

7. 4969 NW 74 Ave. $500,000.00 SIDNEY

8. 355 SW 25 Rd. $350,000.00 SIDNEY

9. 10851 NW 122 St. Unit 31 & 32 $920,000.00 SIDNEY

10. 1200 Brickell Bay, Unit 4214 $230,000.00 GUACUCO

11. 28152 SW 142 Ct. $120,000.00 SIDNEY

12. 30332 SW 152 Pl. $120,000.00 SIDNEY

13. 28153 SW 142 Ct. $150,000.00 SIDNEY

14. “Multiple Properties” $220,000.00 SIDNEY

15. 2350 SW SW 22 ST #401 $175,000.00 SIDNEY

16. 138 Oak Ave. $110,500.00 GUACUCO

17. 9785 SW 52 St. $215,000.00 SIDNEY

18. 1035 NE 42 Ave. $120,000.00 SIDNEY

19. 8200 SW 210 St. #214 $80,000.00 SIDNEY

20. 36 Phoenitia Ave. $612,500.00 SIDNEY

21. 203 Ridgewood Rd. $350,000.00 SIDNEY

22. 101 E. Flagler St. Unit #809 $100,000.00 SIDNEY

23. 7885 sw 117 Ter. $650,000.00 SIDNEY

24. 12211 SW 131 Ave. $156,000.00 GUACUCO

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25. 1552 NE 149 St. $180,000.00 SIDNEY

26. 35 Timberland Cir. $220,000.00 SIDNEY

27. 14062 SW 48 St. $86,000.00 SIDNEY

28. 2663 Edgewater $385,000.00 SIDNEY

29. 2663 Edgewater $65,000.00 SIDNEY

30. 2111 NW 12 St. $170,000.00 SIDNEY

31. 12035 SW 14 St. #105 $82,000.00 GUACUCO

32. 1221 SW 122 Ave. #303 $80,000.00 GUACUCO

33. 1671 SW 122 Court E-108 $70,000.00 SIDNEY

34. 500 Ranch Rd. $1,217,780.41 SIDNEY

35. 14900 SW 104 St. $177,000.00 SIDNEY

36. 4701 SW 162 Place $330,000.00 SIDNEY

37. 1520 SW 22 Ave $190,000.00 SIDNEY

38. 2759 NW 6 St. $200,000.00 SIDNEY

39. 3916 NW 4 St. $160,000.00 SIDNEY

40. 725 NW 70 St. $100,000.00 SIDNEY

41. 8660 SW 212 St. #307 $70,000.00 GUACUCO

42. 16047 Collins Ave #2303 $867.262.37 SIDNEY

43. 4610 Alton Rd. $650,000.00 GUACUCO

44. 2064 SW 152 Place $114,000.00 SIDNEY

45. 3301 NE 183 St. $450,450.00 SIDNEY

46. 20427 NW 9 Ave. $230,000.00 SIDNEY

47. 1924 SW 25 St. $403,000.00 SIDNEY

18
 48. 1695 SW 18 St. $347,000.00 SIDNEY

49. 50 Biscayne Blvd. Unit 3708 $392,000.00 SIDNEY

50. 14900 SW 104 St. $430,000.00 SIDNEY

51. 8255 SW 140 Ave. $200,000.00 SIDNEY

52. 8255 SW 140 Ave. $100,000.00 SIDNEY

53. 11161 SW 84 Ct. $520,000.00 GUACUCO

54. 14263 SW 161 St. $160,000.00 SIDNEY

55. 6465 S.Michell Manon Cir. $724,000.00 GUACUCO

56. Unknown $140,000.00 SIDNEY

57. 10010 Colt Ln. $600,000.00 SIDNEY

58. 92 SW 3 St. #2905 $291,500.00 GUACUO

47. Criminal Acts No. 59–106: Forgery. On or about the dates enumerated in the above

chart, in Miami-Dade Count Florida, Defendants Jose Gaspard and Chamel Gaspard through their

Florida attorney, falsely altered 58 public records which would ultimately lead to the discharge of

money or property. In truth and in fact, Jose Gaspard, Chamel Gaspard, and their attorney knew

that their proclaimed title to the enumerated property was fraudulent and not a valid transfer of

rights in violation of Section 831.01, Florida Statutes (2022).

48. Criminal Acts No. 107–124: Theft. On or about the dates enumerated below as to

each criminal act, in Florida, Defendants Jose Gaspard and Sidney knowingly and unlawfully

obtained property of another totaling $12,318,407.85 as outlined below. Jose Gaspard acted

through willful misrepresentation of a future act, fraud, or false promise, with the intent to either

temporarily or permanently deprive Plaintiff of his rights therefrom in violation of Section

812.014(1), Florida Statutes (2022). Each payment is outlined below:

19
 Country
Sender Date Amount Recipient Received Bank

107. Dager 10/24/2018 $976,843.34 SIDNEY USA JP Morgan

108. Dager 10/30/2018 $1,208,876.71 SIDNEY USA JP Morgan

109. Dager 11/02/2018 $1,321,252.78 SIDNEY USA JP Morgan

110. Dager 11/16/2018 $725,000.00 SIDNEY USA JP Morgan

111. Dager 11/29/2018 $725,000.00 SIDNEY USA JP Morgan

112. Dager 12/12/2018 $423,660.44 SIDNEY USA JP Morgan

113. Dager 12/12/2018 $69,780.10 SIDNEY USA JP Morgan

114. Dager 12/13/2018 $426,104.14 SIDNEY USA JP Morgan

115. Dager 01/03/2019 $858,512.37 SIDNEY USA JP Morgan

116. Dager 01/07/2019 $129,994.67 SIDNEY USA JP Morgan

117. Dager 01/15/2019 $47,346.30 SIDNEY USA JP Morgan

118. Dager 01/30/2019 $553,777.83 SIDNEY USA JP Morgan

119. Dager 01/03/2019 $54,360.00 SIDNEY USA JP Morgan

120. Dager 02/15/2019 $15,000.00 SIDNEY USA JP Morgan

121. Dager 02/28/2019 $171,000.00 SIDNEY USA JP Morgan

122. Dager 03/29/2019 $31,909.17 SIDNEY USA JP Morgan

123. Dager 09/06/2018 $2,480,000.00 SIDNEY USA JP Morgan

JP Morgan
124. Dager 03/10/2018 $2,099,990.00 SIDNEY USA

49. Criminal Acts No. 125–133: Theft. On or about the dates enumerated below as to

each criminal act, in Florida, Defendant Chamel Gaspard knowingly and unlawfully obtained

property of another totaling $11,662,000 as outlined below. Chamel Gaspard acted through willful

misrepresentation of a future act, fraud, or false promise, with the intent to either temporarily or

20
permanently deprive Plaintiff of his rights therefrom in violation of section 812.014(1), Florida

Statutes (2022). Each payment is outlined below:

Country
Received
Sender Date Amount Recipient Bank

125. Dager 05/07/2018 $1,000,000.00 MIRAMAR USA JP Morgan

126. Dager 05/18/2018 $900,000.00 MIRAMAR USA JP Morgan

127. Dager 02/25/2019 $818,000.00 GUACUCO USA JP Morgan

128. Dager 07/16/2019 $1,200,000.00 GUACUCO USA JP Morgan

129. Dager 07/18/2019 $450,000.00 GUACUCO USA JP Morgan

130. Dager 09/09/2019 $80,000.00 GUACUCO USA JP Morgan

131. Dager 06/12/2018 $250,000.00 GUACUCO USA JP Morgan

MEGA Julius Baer

132. Dager 05/07/2018 $4,280,000.00 STORE USA
MEGA Julius Baer
133. Dager 05/18/2018 $2,684,000.00 STORE USA

50. Criminal Acts No. 134–137: False Statements to Obtain Property. Leading up to

the transfer of mortgages from Yellowstone to Sidney, both Jose Gaspard and Chamel Gaspard

made false statements in writing to Dager relating to the ownership of certain titles to various

properties. Jose Gaspard misrepresented his ownership interest through Sidney in the three Mall

Units. Chamel Gaspard knowingly misrepresented that Guacuco had title to approximately

$21,000,000.00 worth of PDVSA invoices issued by the state-owned oil company of Venezuela.

In truth and in fact, neither Jose Gaspard or Chamel Gaspard held title to any of the property used

for consideration in the above described transactions. Through their multiple false representations,

21
both Jose Gaspard and Chamel Gaspard obtained title to various properties which were rightfully

the property of Plaintiff in violation of section 817.03, Florida Statutes (2022).

51. Criminal Act No. 138: Organized Fraud. On or around the month of October 2018

for the purpose of executing the scheme to defraud described above, Jose Gaspard and his legal

counsel worked together to fraudulently transfer complete ownership of Yellowstone from Dager

into the sole name of Jose Gaspard for the purpose of executing the scheme described above. At

the instruction of Jose Gaspard, his legal counsel falsely represented to BVI government officials

that share certificates for Yellowstone had been lost and needed to be reissued in the name of Jose

Gaspard. In truth and in fact, Dager had the shares of Yellowstone in hand and was the sole legal

and rightful owner of Yellowstone. Jose Gaspard knowing acted in violation of section 817.034,

Florida Statutes (2022).

52. Criminal Act No. 139–154: Florida Money Laundering. On or about the dates

enumerated below, in Miami-Dade County, Florida and elsewhere throughout the state of Florida,

Defendants Jose Gaspard and Chamel Gaspard, with the assistance of their Florida attorney,

knowingly, willfully, and intentionally did conduct, cause to be conducted, and aid and abet others

in conducting, financial transactions as set forth below, knowing that the property involved in each

financial transaction represented the proceeds of some form of unlawful activity, in which each

financial transaction involved the use of one or more financial institutions engaged in commerce,

with the purpose to conceal or disguise the nature, the location, the source, the ownership, or the

control of the proceeds of said specified unlawful activity, as more particularly described below

for each racketeering act:

22
 Country
Sender Date Amount Recipient Received Bank

139. GUACUCO 06/29/2018 $1,200,000.00 SUMMA USA JP Morgan

140. GUACUCO 12/11/2018 $250,000.00 SUMMA USA JP Morgan

Mercantil
141. GUACUCO 07/26/2019 $1,585,000.00 GUACUCO USA Bank
Mercantil
142. GUACUCO 09/09/2019 $80,000.00 GUACUCO USA Bank

143. SIDNEY 06/29/2018 $693,250.00 SUMMA USA JP Morgan

144. SIDNEY 09/07/2018 $2,480,000.00 SUMMA USA JP Morgan

145. SIDNEY 10/05/2018 $2,100,000.00 SUMMA USA JP Morgan

146. SIDNEY 10/25/2018 $984,000.00 SUMMA USA JP Morgan

147. SIDNEY 10/31/2018 $1,209,653.00 SUMMA USA JP Morgan

148. SIDNEY 11/05/2018 $1,321,253.00 SUMMA USA JP Morgan

149. SIDNEY 11/19/2018 $725,000.00 SUMMA USA JP Morgan

150. SIDNEY 11/30/2018 $725,000.00 SUMMA USA JP Morgan

151. SIDNEY 12/12/2018 $919,544.00 SUMMA USA JP Morgan

152. SIDNEY 01/03/2019 $858,512.37 SUMMA USA JP Morgan

153. SIDNEY 01/07/2019 $129,994.67 SUMMA USA JP Morgan

154. SIDNEY 01/09/2019 $129,994.67 SUMMA USA JP Morgan

All in violation of section 896.101, Florida Statutes (2022).

53. Criminal Act No. 155–227: Federal Money Laundering. On or about the dates

enumerated below, in Miami-Dade County, Florid, elsewhere in the United States, and in foreign

countries, Defendants Jose Gaspard and Chamel Gaspard, with the knowing assistance of their

Florida lawyer, knowingly, willfully, and intentionally did conduct, cause to be conducted, and aid

23
and abet others in conducting, financial transactions as set forth below, knowing that the property

involved in each financial transaction represented the proceeds of some form of unlawful activity,

in which each financial transaction involved the use of one or more financial institutions engaged

in interstate and foreign commerce, with the purpose to conceal or disguise the nature, the location,

the source, the ownership, or the control of the proceeds of said specified unlawful activity, as

more particularly described below for each racketeering act:

Country
Sender Date Amount Recipient Received Bank

155. SUMMA 7/18/2018 $330,000.00 SUMMA PANAMA Multibank

156. SUMMA 7/27/2018 $257,465.56 SUMMA PANAMA Multibank

157. SUMMA 7/31/2018 $200,000.00 SUMMA PANAMA Multibank

158. SUMMA 8/7/2018 $1,000,000.00 SUMMA PANAMA Multibank

159. SUMMA 8/17/2018 $2,840,000.00 SUMMA PANAMA Multibank

160. SUMMA 8/23/2018 $400,000.00 SUMMA PANAMA Multibank

161. SUMMA 8/29/2018 $1,200,000.00 SUMMA PANAMA Multibank

162. SUMMA 9/7/2018 $2,684,000.00 SUMMA PANAMA Multibank

163. SUMMA 9/21/2018 $2,480,000.00 SUMMA PANAMA Multibank

CHAMEL Multibank
164. GASPARD 9/22/2018 $200,000.00 SUMMA PANAMA
JOSE Multibank
165. GASPARD 9/27/2018 $400,000.00 SUMMA PANAMA
CHAMEL Banco
166. GASPARD 10/12/2018 $300,000.00 SUMMA PANAMA

167. SUMMA 10/17/2018 $225,000.00 SUMMA PANAMA Multibank

168. SUMMA 10/18/2018 $10,000.00 SUMMA PANAMA Multibank

169. SUMMA 10/22/2018 $300,000.00 SUMMA PANAMA Multibank

24
170. SUMMA 10/22/2018 $1,271,334.00 SUMMA PANAMA Multibank

171. SUMMA 10/25/2018 $455,000.00 SUMMA PANAMA Multibank

172. SUMMA 11/01/2018 $306,525.16 SUMMA PANAMA Multibank

173. SUMMA 11/02/2018 $25,000.00 SUMMA PANAMA Multibank

174. SUMMA 11/02/2018 $1,209,653.20 SUMMA PANAMA Multibank

175. SUMMA 11/08/2018 $1,321,253.00 SUMMA PANAMA Multibank

176. SUMMA 11/15/2018 $217,734.00 SUMMA PANAMA Multibank

177. SUMMA 11/23/2018 $215,000.00 SUMMA PANAMA Multibank

178. SUMMA 11/29/2018 $692,000.00 SUMMA PANAMA Multibank

179. SUMMA 11/30/2018 $104,000.00 SUMMA PANAMA Multibank

180. SUMMA 12/06/2018 $241,597.70 SUMMA PANAMA Multibank

181. SUMMA 12/10/2018 $363,000.00 SUMMA PANAMA Multibank

182. SUMMA 12/12/2018 $64,147.89 SUMMA PANAMA Multibank

183. SUMMA 12/21/2018 $157,795.18 SUMMA PANAMA Multibank

184. SUMMA 12/27/2018 $664,090.07 SUMMA PANAMA Multibank

185. SUMMA 01/04/2019 $380,000.00 SUMMA PANAMA Multibank

186. SUMMA 01/11/2019 $141,840.65 SUMMA PANAMA Multibank

187. SUMMA 01/24/2019 $218,000.00 SUMMA PANAMA Multibank

188. SUMMA 02/05/2019 $490,000.00 SUMMA PANAMA Multibank

189. SIDNEY 02/06/2019 $198,000.00 SUMMA PANAMA Multibank

190. SIDNEY 02/16/2019 $576,000.00 SUMMA PANAMA Multibank

CHAMEL Multibank
191. GASPARD 02/28/2019 $90,000.00 SUMMA PANAMA
CHAMEL Multibank
192. GUACUCO 03/01/2019 $818,000.00 GASPARD PANAMA

193. SIDNEY 03/01/2019 $34,000.00 TURNBERRY PANAMA Multibank

25
 JOSE Multibank
194. SIDNEY 03/08/2019 $44,000.00 GASPARD PANAMA
JOSE Multibank
195. SIDNEY 03/14/2019 $12,000.00 GASPARD PANAMA

196. SIDNEY 03/20/2019 $17,500.00 TURNBERRY PANAMA Multibank

CHAMEL Multibank
197. SIDNEY 05/20/2019 $17,500.00 GASPARD PANAMA

198. SUMMA 04/01/2019 $103,474.90 SUMMA PANAMA Multibank

JOSE Chase
199. SIDNEY 04/09/2019 $48,000.00 GASPARD PANAMA

200. SIDNEY 05/01/2019 $424,000.00 SIDNEY PANAMA Mercantil

201. SIDNEY 05/14/2019 $284,000.00 SIDNEY PANAMA Mercantil

202. SIDNEY 05/24/2019 $120,000.00 SIDNEY PANAMA Mercantil

203. SIDNEY 05/29/2019 $315,000.00 SIDNEY PANAMA Mercantil

204. SIDNEY 06/06/2019 $112,000.00 SIDNEY PANAMA Mercantil

SOFIA Mercantil
205. POWELL 07/03/2019 $210,000.00 SIDNEY PANAMA
SOFIA Mercantil
206. POWELL 07/10/2019 $245,000.00 SIDNEY PANAMA
SOFIA Mercantil
207. POWELL 07/17/2019 $210,000.00 SIDNEY PANAMA
SOFIA Mercantil
208. POWELL 07/24/2019 $184,000.00 SIDNEY PANAMA
SOFIA Mercantil
209. POWELL 07/26/2019 $194,000.00 SIDNEY PANAMA

210. GUACUCO 08/01/2019 $1,585,000.00 GUACUCO PANAMA Mercantil

SOFIA Mercantil
211. POWELL 08/07/2019 $124,000.00 SIDNEY PANAMA
SOFIA Mercantil
212. POWELL 08/14/2019 $225,000.00 SIDNEY PANAMA

26
 SOFIA Mercantil
213. POWELL 08/19/2019 $140,000.00 SIDNEY PANAMA
SOFIA Mercantil
214. POWELL 08/21/2019 $50,000.00 SIDNEY PANAMA
SOFIA Mercantil
215. POWELL 08/28/2019 $150,000.00 SIDNEY PANAMA
SOFIA Mercantil
216. POWELL 09/23/2019 $83,000.00 SIDNEY PANAMA
SOFIA Mercantil
217. POWELL 09/27/2019 $40,000.00 SIDNEY PANAMA
SOFIA Mercantil
218. POWELL 10/03/2019 18,000.00 SIDNEY PANAMA
SOFIA Mercantil
219. POWELL 10/14/2019 $25,000.00 SIDNEY PANAMA
SOFIA Mercantil
220. POWELL 10/23/2019 $14,000.00 SIDNEY PANAMA
SOFIA Mercantil
221. POWELL 01/15/2020 $133,000.00 SIDNEY PANAMA
SOFIA Mercantil
222. POWELL 02/06/2020 $1,584,185,89 SIDNEY PANAMA
SOFIA Mercantil
223. POWELL 03/30/2020 $420,000.00 SIDNEY PANAMA
SOFIA Mercantil
224. POWELL 03/30/2020 $230,000.00 SIDNEY PANAMA
SOFIA Mercantil
225. POWELL 08/07/2020 $170,000.00 SIDNEY PANAMA
SOFIA Mercantil
226. POWELL 08/28/2020 $212,000.00 SIDNEY PANAMA
SOFIA Mercantil
227. POWELL $820,000.00 SIDNEY PANAMA

all in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i) and Section 1956(a)(2).

27
 54. Criminal Act No. 228: Wire Fraud. On or about the dates enumerated above as to

each criminal act, in Miami-Dade County, Florida and abroad, for the purpose of executing the

scheme to defraud described above, Jose Gaspard and Chamel Gaspard, by false pretenses,

representations, and promises, caused monies to be transmitted by means of wire communications

in violation of United States Code, Section 1343.

55. Criminal Act No. 229: Mail Fraud. On or about the dates enumerated above, for the

purpose of executing the scheme described above, and for obtaining money by false pretenses,

representations, and promises, Defendants Jose Gaspard and Chamel Gaspard, did knowingly and

willfully cause to be delivered by U.S. Mail, notices of assignment of rights of mortgages in

Miami-Dade County, Florida, in violation of United States Code, Section 1341.

WHEREFORE, Dager respectfully requests that this Court:

1) enter an award of compensatory damages of approximately $41,000,000 plus

prejudgment interest at the statutory rate against Defendants jointly and severally;

2) award treble damages of $123,000,000.00 against Defendants jointly and severally;

3) enter preliminary and permanent injunctive relief against Defendants prohibiting them

from continuing to operate businesses utilizing the funds stolen from Dager and the

proceeds thereof;

4) award reasonable attorneys’ fees, investigative fees, and costs pursuant to applicable

law; and

5) grant all such further relief as this Court deems just and proper.

28
 COUNT II – ACCOUNTING
Against Defendant Jose Gaspard

56. Plaintiff re-avers the allegations contained in paragraphs 1 through 35 as if fully set

forth herein.

57. Defendant Jose Gaspard has deprived Plaintiff of title to certain property, the

monetary proceeds from those property rights, and caused further loss of revenue from title to the

complained of property. Plaintiff’s losses are uncertain and cannot be calculated based on the

information available to Plaintiff.

58. Plaintiff and Defendant Jose Gaspard have a relationship based on the above

complained of conduct, including, fiduciary relationships, contractual relationships, and other

business dealings.

59. Defendant Jose Gaspard, while acting on behalf of Yellowstone, has deprived

Plaintiff of the complained of property and residual funds, has concealed the monetary amount

actually collected, and the amount of further proceeds gained from reinvesting the funds.

60. Plaintiff is thus unable to obtain the information necessary to ascertain a correct

amount of funds owed to him by Jose Gaspard.

61. Plaintiff has no other adequate legal remedy and has suffered damages.

WHEREFORE, Plaintiff demands judgment against Defendant Jose Gaspard and requests

this Court enter a Judgment against Defendant Jose Gaspard requiring an accounting of the

complained of conduct.

29
 COUNT III - BREACH OF FIDUCIARY DUTY
Against Defendant Jose Gaspard

62. Plaintiff re-avers the allegations contained in paragraphs 1 through 35 as if fully set

forth herein.

63. Plaintiff and Defendant Jose Gaspard share a relationship whereby:

a. Plaintiff reposes trust and confidence in Defendant; and

b. undertook such trust and assumed a duty to advise and/or protect Plaintiff by

accepting Power of Attorney.

64. Jose Gaspard has committed individual and multiple breaches of his fiduciary

duties to Plaintiff

65. Due to Jose Gaspard’s continued breaches of the fiduciary duty to Plaintiff, Plaintiff

has suffered damages.

WHEREFORE, Plaintiff demands judgment against all Defendants for compensatory

damages, and all costs of this action.

COUNT IV - CIVIL CONSPIRACY TO DEFRAUD

Against Defendants Jose Gaspard and Chamel Gaspard

66. Plaintiff re-avers the allegations contained in paragraphs 1 through 35 as if fully set

forth herein.

67. Defendants Jose Gaspard and Chamel Gaspard have conspired to defraud Plaintiff.

68. By Defendants’ Jose Gaspard and Chamel Gaspard’s actions in conspiracy against

Plaintiff, Plaintiff was injured. Plaintiff has suffered damages more than $41,000,000.00, in

addition to an unknown accounting

WHEREFORE, Dager respectfully requests that this Court:

30
 1) enter an award of compensatory damages, plus interest, against Defendants;

2) enter a final judgment against Defendants for all attorneys’ fees and costs pursuant to

applicable law; and

3) grant all such further relief as this Court deems just and proper.

JURY TRIAL DEMAND

Plaintiff demands a trial by jury on all claims and issues so triable.

April 22, 2022 Respectfully submitted,

CAREY RODRIGUEZ MILIAN, LLP
1395 Brickell Avenue, Suite 700
Miami, Florida 33131
Tel.: (305) 372-7474
Fax: (305) 372-7475

By: /s/ Juan J. Rodriguez

Juan J. Rodriguez (FBN 613843)
Email: jrodriguez@careyrodriguez.com
Secondary: service@careyrodriguez.com
Luke T. Jacobs (FBN 1024787)
Email: ljacobs@careyrodriguez.com

Attorneys for Hector Dager

31
Exhibit A