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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Case No.

TCA GLOBAL CREDIT MASTER FUND, L.P., a Cayman Islands limited partnership, Plaintiff, vs. MARINE INDUSTRIES, LLC, purporting to be a Nevada limited liability company, and AMAR BAHADOORSINGH, an individual, Defendants. ___ _______ COMPLAINT Plaintiff, TCA GLOBAL CREDIT MASTER FUND, L.P., a Cayman Islands limited partnership, (“TCA Fund” or the “Plaintiff”), by and through its undersigned counsel, hereby sues Defendants MARINE INDUSTRIES, LLC (“Marine”), purporting to be a Nevada limited liability company, and its “Duly Authorized Agent,” AMAR BAHADOORSINGH (“Bahadoorsingh”), an individual believed to reside in California (collectively, the “Defendants”), and alleges: NATURE OF THE ACTION 1. This action seeks to recover payments due under a “Confidential Settlement /

Agreement and Mutual Release,” (the “Settlement Agreement”) effective October 31, 2011, attached as Exhibit A hereto, pursuant to which Marine — acting through its “Duly Authorized Agent,” Bahadoorsingh — agreed to pay $199,980.00 to TCA Fund, with an initial payment of $25,000.00 due on or before December 1, 2011, and the unpaid balance of $174,980.00, plus accrued

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interest a rate of seven percent per annum, in thirty-nine monthly installments of principal and interest in the amount of $5,000.00 per month and a fortieth and final monthly payment of principal and interest in the amount of $1,289.79. 2. Marine’s counsel made the initial payment of $25,000.00 on behalf of Marine but

Marine has failed to make any further payments as required by the Settlement Agreement. Furthermore, Marine does not appear to be a legal entity and, since Bahadoorsingh knew or should have known whether Marine was a legal entity when he executed the Settlement Agreement as Marine’s “Duly Authorized Agent,” Bahadoorsingh is individually responsible for Marine’s obligations under the terms of the Settlement Agreement. Alternatively, if Marine is a legal entity, it does not appear to have any separate legitimate existence or assets and appears to be a “mere instrumentality” or “alter ego” of Bahadoorsingh used by him to engage in wrongful conduct, such as that alleged herein. Accordingly, Plaintiff seeks monetary damages in the amount of the unpaid balance of $174,980.00, plus accrued prejudgment interest at a rate of seven percent per annum, costs and attorney’s fees, as well as postjudgment interest. 3. In addition, given the facts as set forth below, Bahadoorsingh fraudulently induced

TCA Fund into entering into the Settlement Agreement by representing that Marine was a legal entity with a legitimate existence such that it could enter into binding contracts. Accordingly, Plaintiff seeks monetary damages in the amount of the unpaid balance of $174,980.00, plus accrued prejudgment interest at a rate of seven percent per annum, costs and attorney’s fees, as well as postjudgment interest from Bahadoorsingh as a result of his fraudulent inducement. 4. Finally, the underlying claim by TCA Fund which gave rise to the Settlement

Agreement was a claim for civil theft against Marine and if, for any reason, TCA Fund cannot

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages recover the sum due and owing under the Settlement Agreement, TCA Fund seeks a judgment against Marine pursuant to Florida’s Civil Theft Statute. PARTIES, JURISDICTION AND VENUE 5. Pursuant to 28 U.S.C. § 1332(a)(2), this is a civil action in which the matter in

controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs, and is between Plaintiff TCA Fund, a citizen of a foreign state (the Cayman Islands), on the one hand, and Defendant Marine, purportedly a Nevada limited liability company, and Bahadoorsingh, believed to be a citizen of California, on the other hand. 6. At all relevant times, Plaintiff TCA Fund was formed in the Cayman Islands, a

foreign state, and maintained its principal place of business in the Cayman Islands. Plaintiff TCA Fund is, therefore, a citizen of a foreign state within the meaning of 28 U.S.C. § 1332(a)(2). Plaintiff TCA Fund is obligated to pay its attorneys a reasonable fee for the attorneys’ services. TCA Fund is managed by the TCA Fund Management Group which itself maintains offices in London, Sydney and also in Hollywood, Florida. 7. Defendant Marine purports to be a Nevada limited liability company with its address

at 848 N. Rainbow Blvd., #3052, Las Vegas, NV 89107 but that address is the location of a mail drop and a search of the business records of the Nevada Secretary of State on July 2, 2012 does not locate any record indicating that Defendant Marine is a legal entity in that State. Indeed, a nationwide search conducted through Westlaw’s database CORP-ALL indicates that in the entire country, there is only one active entity identified as “Marine Industries, LLC” and such entity is a

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages Wyoming entity that does not appear to have any relationship to Defendant Marine.1 Pursuant to

the terms of the Settlement Agreement, any notices to Marine are to be sent in care of its counsel, Luis Carrillo, Esq., Carrillo Huettel, LLP, 3033 Fifth Avenue, Suite 400, San Diego, California 92103. 8. Defendant Bahadoorsingh purports to be the “duly authorized agent” of Marine and

executed the Settlement Agreement on behalf of Marine. By virtue of executing that Agreement when he knew or should have known that Marine is not a legal entity, Bahadoorsingh is himself liable for Marine’s obligations under the terms of the Settlement Agreement. Upon information

and belief, Bahadoorsingh resides in California at 7004 85th St. W, Los Angeles, California 900452625. Upon information and belief, Bahadoorsingh uses Marine in bad faith as an “alter ego” to engage in wrongful conduct in the hope of escaping personal liability for same. Consequently, upon information and belief, Marine has no separate assets or legitimate existence and Bahadoorsingh commingles assets amongst various entities that he controls. 9. This Court has personal jurisdiction over the Defendants pursuant to the Settlement

Agreement, attached as Exhibit A hereto, since as an initial matter, the Settlement Agreement required Marine to make the payments due thereunder to TCA Fund’s counsel in Boca Raton, Florida. See Fla. Stat. § 48.193(g) (long arm statute providing that person subjects himself to

jurisdiction of Florida courts as result of “[b]reaching a contract in this state by failing to perform

Corporate records for the states of Delaware and New York indicate that a Delaware entity identified as “Marine Industries Company, LLC” is registered to do business in New York but those records do not reflect any connection between “Marine Industries Company, LLC” and Defendant Marine. 4

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages acts required by the contract to be performed in this state”). 10. In the Settlement Agreement, the parties also warranted that they had the authority

to execute the Agreement: The undersigned parties warrant and represent that they are duly authorized to execute this Agreement, have the full authority to bind the Party that they purport to bind by their signature, and that the Parties have been represented by counsel of their choice. . . . See Settlement Agreement, attached as Exhibit A hereto, at ¶ 9. 11. stating: This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. Any litigation brought or held on the basis of this Agreement shall be brought and held in Palm Beach County, Florida. See Settlement Agreement, attached as Exhibit A hereto, at ¶ 5. 12. By executing the Settlement Agreement as the “duly authorized agent” of Marine, Furthermore, the Settlement Agreement contains a Choice of Law and Venue clause

when he knew or should have known that Marine is not a legal entity, Bahadoorsingh is himself subject to individual liability under the Settlement Agreement. 13. Given the express language in the Settlement Agreement, both Defendants have

sufficient minimum contacts with the State of Florida,2 the forum State, to satisfy the Due Process

In one of the few references found in an internet search for Marine Industries, LLC and Amar Bahadoorsingh, Marine is identified as the payee on a promissory note attached as an exhibit to an SEC filing of Cargo Connection Logistics Holding, Inc., a Florida corporation: Cargo Connection Logistics Holding, Inc., a Florida corporation (the "Maker"), with an address of PO Box 248, East Meadow, NY 11554, for value received, hereby 5

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages Clause of the Fourteenth Amendment to the United States Constitution so that the “maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’” 14. All conditions precedent to commencing this action have occurred, been satisfied,

or have been waived. Specifically, the Settlement Agreement requires that, in the event that Marine fails to make a payment when due, Marine will be deemed in default if such default has not been cured after first being given ten (10) days notice and an opportunity to cure. Through its undersigned counsel, TCA Fund has twice — on December 2, 2011 and January 4, 2012 — provided Marine with the requisite notice of default and opportunity to cure. See composite Exhibit B hereto. Marine has failed to cure its default. 15. Venue is proper in this district for the reasons set forth in the foregoing paragraphs.

Specifically, the Settlement Agreement contains a specific Venue provision providing that “[a]ny litigation brought or held on the basis of this Agreement shall be brought and held in Palm Beach County, Florida.” See Settlement Agreement, attached as Exhibit A hereto, at ¶ 5.

promises to pay to the order of Marine Industries LLC, a Nevada corporation (“Payee”), with an address of 848 North Rainbow Boulevard, #3052, Las Vegas, NV89107 or their designees, the principal sum of nine thousand dollars ($9,000), together with interest thereon . . . http://www.sec.gov/Archives/edgar/data/1093819/000121390010005296/f10k2008ex10xxvi_car goconn.htm Notably, Bahadoorsingh executed the note on behalf of Marine and is identified as the person to whom notice should be sent in that note. Thus, Marine and Bahadoorsingh appear to engage in activities which provide “sufficient minimum contacts” with a number of States, including Florida. 6

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages GENERAL ALLEGATIONS 16. Prior to its current management by TCA Fund Management Group, Plaintiff TCA

Fund was managed by Trafalgar Capital Advisors, LLC (“Trafalgar Advisors”), a Florida limited liability corporation in the business of managing various funds, including TCA Fund. 17. Beginning on an unknown date but by at least in or about October 2010, a former

employee of Trafalgar Advisors commenced an elaborate fraudulent scheme to deprive TCA Fund of at least $268,000.00 that was held by a law firm in escrow (the “TCA Fund Escrow Account”) and earmarked for the sole and exclusive purpose of funding a specific loan. 18. The former employee, without the knowledge, consent, or approval of either TCA

Fund or Trafalgar Advisors, secretly arranged a wire transfer of $199,980.00 in funds from the TCA Fund Escrow Account to an intermediary who subsequently wire transferred those funds to a bank account controlled by Defendants. 19. Following the departure of the former employee from her employment at Trafalgar

Advisors, TCA Fund conducted a forensic investigation of all transactions involving the employee which resulted in the confirmation of the employee’s embezzlement of funds. Specifically, TCA Fund learned of, among other things, the employee’s wrongful transfer of $199,980.00 from the TCA Fund Escrow Account to an intermediary who subsequently wire transferred those funds to a bank account controlled by Defendants on or about October 26, 2010. 20. After TCA Fund learned of the unlawful payment to Marine, a representative of TCA

Fund advised Bahadoorsingh that TCA Fund was aware of the payment and demanded that the funds be returned. 7

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages 21. Section 772.11(1) of the Florida Statutes provides that any person who proves by

clear and convincing evidence that he has been injured by a civil theft has a cause of action for threefold the actual damages sustained and, in any such action, is also entitled to reasonable attorneys’ fees and court costs in the trial and appellate courts. Before filing an action for damages under Section 772.11(1), the person claiming injury must make a written demand and if the person to whom the demand is directed complies with same within thirty (30) days after receipt of the demand, such person shall be given a release from further civil liability for the specific act of theft or exploitation. On June 6, 2011, the undersigned counsel for TCA Fund made a written demand on Marine pursuant to Florida’s Civil Theft Statute, Section 772.11 of the Florida Statutes. See Civil Theft Demand, attached as Exhibit C hereto. Marine did not comply with same. 22. In the Settlement Agreement, attached as Exhibit A and effective as of October 31,

2011, Marine agreed to pay $199,980.00 to TCA Fund, with an initial payment of $25,000.00 due before December 1, 2011, and the remaining $174,980.00, plus accrued interest at a rate of seven percent per annum, to be paid in thirty-nine monthly installments of principal and interest in the amount of $5,000.00 per month and the fortieth and final payment of principal and interest to be in the amount of $1,289.79. Marine’s payments were to be made in cleared funds to TCA Fund’s undersigned counsel’s IOTA Trust Account. 23. Pursuant to the terms of the Settlement Agreement, Marine’s counsel, on Marine’s

behalf, transmitted by wire the initial payment of $25,000.00 to TCA Fund’s undersigned counsel on or before December 1, 2011 but Marine has failed to make any of the subsequent payments. As a result, Marine is in default. See Settlement Agreement, attached as Exhibit A hereto, at ¶ 3 (“In 8

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages the event that MARINE fails to make a payment when due hereunder, then MARINE shall be deemed to be in default hereunder if such default has not been cured after first being given ten (10) days notice and an opportunity to cure . . .”). 24. On December 2, 2011 and, again on January 4, 2012, the undersigned counsel for

TCA Fund provided a written Notice of Default to Marine’s counsel, providing Marine with both notice and an opportunity to cure its default. See composite Exhibit B. 25. Despite ample notice and opportunity, Marine has failed to cure its default under the

Settlement Agreement. Pursuant to Paragraph 3 of the Settlement Agreement, “[i]f MARINE fails to cure a default, then the entire unpaid balance as of the date of the default shall be accelerated and shall immediately become due and payable. . . .” See Settlement Agreement, Exhibit A hereto, at ¶ 3. Defendant Marine also agreed “to waive any and all defenses to any action filed by the TCA FUND seeking to enforce this Agreement . . .” Id. 26. Although Defendant Marine purports to be a Nevada limited liability company with

its address at 848 N. Rainbow Blvd., #3052, Las Vegas, NV 89107, that address is the location of a mail drop and a search of the business records of the Nevada Secretary of State on July 2, 2012 does not locate any record indicating that Defendant Marine is registered as a legal entity in that State. Indeed, a nationwide search conducted through Westlaw’s database CORP-ALL on the same date indicates that in the entire country, there is only one active entity identified as Marine

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages Industries, LLC and such entity is a Wyoming entity that does not appear to have any relationship to Defendant Marine.3 27. As indicated at page 6 of the Settlement Agreement, attached hereto as Exhibit A,

Bahadoorsingh executed the Settlement Agreement on behalf of Marine in his capacity as Marine’s “Duly Authorized Agent.” If Marine is indeed not a legal entity in its own right, Bahadoorsingh knew or should have known that fact. As a result, if Marine is not a legal entity, then Bahadoorsingh is individually and personally liable for Marine’s obligations as set forth in the Settlement Agreement, including Marine’s obligation with regard to payments due and owing to TCA Fund. See, e.g., I.W. Phillips & Co. v. Hall, 128 So. 635, (Fla. 1930) ( “An agent will be held personally liable where he professes to enter into a contract for a principal who is at the time nonexistent, or legally incompetent or irresponsible . . . as an agent assuming to contract for a principal must make a contract binding upon some principal, or else he himself is liable.”). 28. In the event that Marine is a legal entity, the corporate veil should be pierced to hold

Bahadoorsingh personally responsible for Marine’s debts and conduct since, upon information and

As previously indicated, corporate records for the states of Delaware and New York indicate that a Delaware entity identified as “Marine Industries Company, LLC” is registered to do business in New York but those records do not reflect any connection between “Marine Industries Company, LLC” and Defendant Marine. In the event that the Settlement Agreement does not contain the legal and correct name of Defendant Marine, Plaintiff will request reformation of that document. See, e.g, CJM Financing, Inc. v. Castillo Grand, LLC, 40 So.3d 863, 864 n.3 (Fla. 4th DCA 2010) (“‘in reforming a written instrument, an equity court in no way alters the agreement of the parties. Instead, the reformation only corrects the defective written instrument so that it accurately reflects the true terms of the agreement actually reached.’”), quoting Providence Square Ass’n v. Biancardi, 507 So.2d 1366, 1369-70 (Fla. 1987).

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages belief, Bahadoorsingh uses Marine as an “alter ego” or “mere instrumentality” to engage in wrongful conduct, Marine has no legitimate separate existence or assets, and Bahadoorsingh commingles assets amongst his accounts and the entities that he controls. See Fla. Stat. § 608.701 (“In any case in which a party seeks to hold the members of a limited liability company personally responsible for the liabilities or alleged improper actions of the limited liability company, the court shall apply the case law which interprets the conditions and circumstances under which the corporate veil of a corporation may be pierced under the law of this state.”); 17315 Collins Ave., LLC v. Fortune Dev. Sales Corp., 34 So.3d 166, 168 (Fla. 3d DCA 2010) (affirming piercing of corporate veil in context of LLC when subsidiary LLC was used as “mere instrumentality” and “alter ego” of parent to engage in improper purpose such as misleading creditors or perpetrating a fraud). 29. In the Settlement Agreement, the parties also agreed that, in the event a dispute arose

regarding that agreement, “the prevailing party in any action or other proceeding brought to resolve said dispute shall be entitled to recover from the losing party its reasonable costs and attorney’s fees arising therefrom, including costs and attorney’s fees incident to any appeals.” See Settlement Agreement, attached as Exhibit A hereto, at ¶ 15. 30. (1) TCA Fund now brings this action and seeks: if Marine is indeed a legal entity, a judgment against Marine for the amount due and

owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees and costs, and post-judgment interest at the legal rate;

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages (2) if Marine is indeed a legal entity but has no assets and the evidence demonstrates that

it is a “mere instrumentality” and “alter ego” of Bahadoorsingh used for an improper purpose such that Marine’s “corporate veil” should be pierced, a judgment against Bahadoorsingh individually for the amount due and owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees and costs, and post-judgment interest at the legal rate; (3) if Marine is not a legal entity and the evidence demonstrates that Bahadoorsingh

knew or should have known that Marine was not a legal entity when he executed the Settlement Agreement purporting to bind Marine, a judgment against Bahadoorsingh individually for the amount due and owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees and costs, and post-judgment interest at the legal rate; and (4) in the event that Marine is not a legal entity with adequate capitalization, and the

evidence is clear and convincing that Bahadoorsingh fraudulently induced Plaintiff to enter into the Settlement Agreement by representing that Marine was indeed a legal entity with adequate capitalization, a judgment against Bahadoorsingh individually for the harm resulting to Plaintiff — compensatory damages in the amount of$174,980.00, plus post-judgment interest at the legal rate — and, pursuant to Section 768.72 of the Florida Statutes, Plaintiff TCA Fund will seek leave to amend this Complaint to seek an award of punitive damages if clear and convincing evidence demonstrates that Defendant Bahadoorsingh was personally guilty of intentional misconduct or gross

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages negligence and that such punitive damages would deter him from fraudulently inducing others to enter into contracts with “Marine Industries, LLC”; and (5) a judgment against Marine pursuant to Florida’s Civil Theft Statute, Section 772.11

of the Florida Statutes, in the amount of $599,940.00, plus interest, attorneys’ fees and costs. COUNT I - FOR AMOUNT DUE UNDER SETTLEMENT AGREEMENT (Against Defendant Marine) 31. Plaintiff TCA Fund realleges and incorporates by reference the allegations set forth

above in Paragraphs 1 through 30 as if fully set forth herein. 32. Defendant Marine has failed to timely pay $174,980.00, the amount due and owing

under the Settlement Agreement, attached hereto as Exhibit A, and consequently, is in default under the terms of that Agreement. WHEREFORE, Plaintiff TCA Fund respectfully requests that this Court enter a judgment in favor of Plaintiff TCA Fund and against Defendant Marine and which: A. Orders that Defendant Marine shall pay the unpaid balance of $174,980.00 due under the Settlement Agreement; B. Orders that Defendant Marine shall pay pre-judgment interest from October 31, 2011 until the entry of judgment accruing at the rate of seven percent (7%) simple interest per annum pursuant to the terms of the Settlement Agreement; C. Orders that Defendant Marine shall pay post-judgment interest on the foregoing monetary damages at the legal rate of interest pursuant to Section 55.03 of the Florida Statutes; and

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages D. Orders that Defendant Marine shall pay all reasonable fees and expenses incurred by TCA Fund, including the reasonable fees of counsel, in connection with the enforcement of TCA Fund’s rights under the Settlement Agreement; and E. Awards Plaintiff TCA Fund such other and further relief as this Court deems just and proper. COUNT II - FOR AMOUNT DUE UNDER SETTLEMENT AGREEMENT (Against Defendant Bahadoorsingh) 33. Plaintiff TCA Fund realleges and incorporates by reference the allegations set forth

above in Paragraphs 1 through 30 as if fully set forth herein. 34. Defendant Marine has failed to timely pay $174,980.00, the amount due and owing

under the Settlement Agreement, attached hereto as Exhibit A, and consequently, is in default under the terms of that Agreement. 35. If Marine is indeed a legal entity but has no assets and the evidence demonstrates that

it is a “mere instrumentality” and “alter ego” of Bahadoorsingh used for an improper purpose such that Marine’s “corporate veil” should be pierced, TCA Fund seeks a judgment against Bahadoorsingh individually for the amount due and owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus accrued interest at a rate of seven percent per annum prejudgment, attorney’s fees and costs, and post-judgment interest at the legal rate. 36. If Marine is not a legal entity and the evidence demonstrates that Bahadoorsingh

knew or should have known that Marine was not a legal entity when he executed the Settlement Agreement purporting to bind Marine, then Bahadoorsingh is liable individually to TCA Fund for

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages the amount due and owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees and costs, and post-judgment interest at the legal rate. WHEREFORE, Plaintiff TCA Fund respectfully requests that this Court enter a judgment in favor of Plaintiff TCA Fund and against Defendant Bahadoorsingh and which: A. Orders that Defendant Bahadoorsingh shall pay the unpaid balance of $174,980.00 due under the Settlement Agreement; B. Orders that Defendant Bahadoorsingh shall pay pre-judgment interest from October 31, 2011 until the entry of judgment accruing at the rate of seven percent (7%) simple interest per annum pursuant to the terms of the Settlement Agreement; C. Orders that Defendant Bahadoorsingh shall pay post-judgment interest on the foregoing monetary damages at the legal rate of interest pursuant to Section 55.03 of the Florida Statutes; and D. Orders that Defendant Bahadoorsingh shall pay all reasonable fees and expenses incurred by TCA Fund, including the reasonable fees of counsel, in connection with the enforcement of TCA Fund’s rights under the Settlement Agreement; and E. Awards Plaintiff TCA Fund such other and further relief as this Court deems just and proper.

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages COUNT III - FOR FRAUD IN THE INDUCEMENT (Against Defendant Bahadoorsingh) 37. Plaintiff TCA Fund realleges and incorporates by reference the allegations set forth

above in Paragraphs 1 through 30 as if fully set forth herein. 38. In inducing TCA Fund to enter into the Settlement Agreement, Bahadoorsingh

misrepresented a material fact — i.e., that Marine was a legal entity with a legitimate existence — and TCA Fund justifiably relied on that misrepresentation to its detriment in entering into the Settlement Agreement. 39. As a direct and proximate result of Bahadoorsingh’s fraudulent inducements, TCA

Fund has suffered injury and seeks compensatory damages from Bahadoorsingh individually for the amount due and owing under the Settlement Agreement — the unpaid balance of $174,980.00, plus accrued interest at a rate of seven percent per annum pre-judgment, attorney’s fees and costs, and post-judgment interest at the legal rate. 40. Pursuant to Section 768.72 of the Florida Statutes, Plaintiff TCA Fund will seek

leave to amend this Complaint to seek an award of punitive damages if clear and convincing evidence demonstrates that Defendant Bahadoorsingh was personally guilty of intentional misconduct or gross negligence and that such punitive damages would deter him from fraudulently inducing others to enter into contracts with Marine. WHEREFORE, Plaintiff TCA Fund respectfully requests that this Court enter a judgment in favor of Plaintiff TCA Fund and against Defendant Bahadoorsingh and which:

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages A. Orders that Defendant Bahadoorsingh shall pay compensatory damages in the amount of $174,980.00 plus all reasonable fees and expenses incurred by TCA Fund in this litigation, including the reasonable fees of counsel; B. Orders that Defendant Bahadoorsingh shall pay pre-judgment interest on the foregoing compensatory damages from October 31, 2011 until the entry of judgment accruing at the rate of seven percent (7%) simple interest per annum; C. Orders that Defendant Bahadoorsingh shall pay post-judgment interest on the foregoing compensatory damages at the legal rate of interest pursuant to Section 55.03 of the Florida Statutes; and D. Awards Plaintiff TCA Fund such other and further relief as this Court deems just and proper. COUNT IV - FOR CIVIL THEFT (Against Defendant Marine) 41. Plaintiff TCA Fund realleges and incorporates by reference the allegations set forth

above in Paragraphs 1 through 30 as if fully set forth herein. 42. As more fully described above, Defendant Marine knowingly obtained or used, or

endeavored to obtain or use, property belonging to TCA Fund — i.e., $$199,980.00 — with the felonious intent to either temporarily or permanently deprive TCA Fund of its rights to that property and to appropriate that property for the Defendant’s own use. 43. Before filing this action, TCA Fund made a written demand on Marine, attached as

Exhibit C hereto, for damages under Section 772.11 of the Florida Statutes.

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TCA GLOBAL CREDIT MASTER FUND, L.P. vs. MARINE INDUSTRIES, LLC, et al., Complaint for Monetary Damages WHEREFORE, Plaintiff TCA Fund respectfully requests that this Court enter a judgment in favor of Plaintiff TCA Fund and against Defendant Marine and which: A. Orders that Defendant Marine shall pay threefold the actual damages sustained by TCA Fund — three times the amount of $195,980.00 or $599,940.00 --- plus reasonable attorney’s fees and court costs; B. Orders that Defendant Marine shall pay post-judgment interest on the foregoing judgment at the legal rate of interest pursuant to Section 55.03 of the Florida Statutes; and C. Awards Plaintiff TCA Fund such other and further relief as this Court deems just and proper. Dated: July 17, 2012 Boca Raton, Florida Respectfully submitted, s/Carl F. Schoeppl Carl F. Schoeppl, Esq. Florida Bar No. 818518 Counsel for Plaintiff TCA Global Credit Master Fund, L.P.

SCHOEPPL & BURKE, P.A.
4651 North Federal Highway Boca Raton, Florida 33431 Telephone: (561) 394-8301 Facsimile: (561) 394-3121 E-mail: carl@schoepplburke.com
F:\TCA Global - Servus\Pleadings\Complaint Marine 07 17 12FINAL.wpd

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