S. Thomas Anderson, Chief United States District Judge, has denied Billy Hall’s motion to dismiss a complaint filed against him in a case involving his wife Jennifer Hall, who has been charged with bank and wire fraud while she was an employee at B&H Finance.
Ben Vargason, owner of Great American Sports, and wife Shonda, have also been charged in the scheme to defraud and to obtain money by means of false and fraudulent pretenses under the custody and control of a federally insured financial institution.
Defendant Billy Hall filed a pro se motion to dismiss the complaint filed against him Defendant alleging that he is named in the lawsuit “merely” to harass him.
A pro se motion in modern law means to argue on one’s own behalf in a legal proceeding as a defendant or plaintiff in civil cases or a defendant in criminal cases.
According to documents, defendant Billy Hall has failed to show that Plaintiffs should be sanctioned for filing the complaint against him and has failed to show the complaint does not state a claim upon which relief can be granted against him.
In the present case, the complaint alleges fraud, tortious misrepresentation, conspiracy, breach of contract, and unjust enrichment by the defendants. Plaintiffs have clearly alleged facts which, if proved, would allow them to recover against Defendant Billy Hall.
Specifically, the complaint alleges that Defendant Jennifer Hall was an officer and member of Defendant B&H Investments and a 10 percent member of B&H Finance, LLC.
Defendant Billy Hall is her husband and “upon information and belief, received some or all of the benefits of the property at issue in this matter. Defendant Billy Hall is included herein as a necessary party defendant and to provide notice of fraudulent transfer.”
The complaint alleges that various fraudulent actions were taken by Jennifer Hall and resulted in her having access to certain funds that were “diverted” and “used to support Billy Hall.
Additionally, the complaint alleges that Jennifer Hall “along with Billy Hall, received a benefit from these fraudulent acts in the form of money and compensation, to the detriment of Superior/Swaim/B&H Finance.
Benefits included Paypal payments to an account associated with her husband’s business, CastleGate Kennels, and payments on the mortgage to her residence held by Newrez-Shellpoint Mortgage Servicing.
Upon information and belief, Jennifer Hall transferred monies to Billy Hall’s name fraudulently to conceal the fraudulent activity.”
May 1, 2019 $1,409.00 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
May 6, 2019 $404.12 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
May 13, 2019 $639.00 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
May 16, 2019 $901.00 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
May 28, 2019 $408.00 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
May 28, 2019 $496.00 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
May 28, 2019 $1099.00 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
June 3, 2019 $2,201.00 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
June 4, 2019 $1,099.00 sent from Simmons Bank to the Paypal Account of CastleGate Kennels
David Thomas, Twitter – @DavidThomasWNWS
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