two banks where Ponzi schemer Scott Rothstein laundered money will face a trial over multimillion-dollar claims by victims of the scam, a Broward County judge has ruled.
Circuit Judge Jeffrey Streitfeld declined to entirely dismiss any of the suit’s defendants.
In an order, dated Dec. 9 and distributed by plaintiffs’ attorneys on Tuesday, Streitfeld ruled that all claims against the two bank defendants, TD Bank and Gibraltar Private Bank & Trust, would go forward.
A hearing was set Tuesday discuss a trial schedule. TD Bank said because it was pending litigation it would not comment other than to say "it believes and expects the facts to prove that it is not liable for the acts of Scott Rothstein."
The suit was filed last year by investors who lost money in the Ponzi scheme. It has grown to include about $160 million in claims related to the $1.2 billion scheme.
Streitfeld also ruled against motions to dismiss any claims against several individual defendants, including Frank Spinosa, former regional VP of TD Bank; Jennifer Kerstetter and Roseanne Caretsky, employees of TD Bank; David Boden, attorney and former general counsel for Rothstein’s now-defunct law firm, Rothstein Rosenfeldt Adler; and Andrew Barnett, who worked as RRA’s corporate development director.
There were some defendants who succeeded in getting some counts against them dismissed:
Circuit Judge Jeffrey Streitfeld declined to entirely dismiss any of the suit’s defendants.
In an order, dated Dec. 9 and distributed by plaintiffs’ attorneys on Tuesday, Streitfeld ruled that all claims against the two bank defendants, TD Bank and Gibraltar Private Bank & Trust, would go forward.
A hearing was set Tuesday discuss a trial schedule. TD Bank said because it was pending litigation it would not comment other than to say "it believes and expects the facts to prove that it is not liable for the acts of Scott Rothstein."
The suit was filed last year by investors who lost money in the Ponzi scheme. It has grown to include about $160 million in claims related to the $1.2 billion scheme.
Streitfeld also ruled against motions to dismiss any claims against several individual defendants, including Frank Spinosa, former regional VP of TD Bank; Jennifer Kerstetter and Roseanne Caretsky, employees of TD Bank; David Boden, attorney and former general counsel for Rothstein’s now-defunct law firm, Rothstein Rosenfeldt Adler; and Andrew Barnett, who worked as RRA’s corporate development director.
There were some defendants who succeeded in getting some counts against them dismissed:
- Frank Preve of Fort Lauderdale, who worked for the Banyon feeder funds in the scheme. Streitfeld dismissed only some counts against Preve concerning breach of fiduciary duty.
- Philadelphia-based hedge fund Ballamor Capital and its principal Barry Bekkedam. The judge ruled that only certain plaintiff investors could pursue claims against Ballamor and Bekkedam.
- R.L. Pearson of Fort Lauderdale and his company, R.L. Pearson & Associates, which allegedly handled investments in the scheme. The judge threw out all claims except those from two investors, Viceroy Global Investments and Concorde Capital.
- New York-based Platinum Partners Value Arbitrage Fund LP and Centurion Structured Growth LLC. The two funds will face claims of aiding and abetting fraud, and civil conspiracy to defraud, but other claims were dismissed.