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According to an affidavit, Ignatius and Christina Komninakas invested $175,000 with Loles. According to a lawsuit, the Komninakases asked for their money back but Loles refused.
According to an affidavit, Ignatius and Christina Komninakas invested $175,000 with Loles. According to a lawsuit, the Komninakases asked for their money back but Loles refused.
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According to an affidavit, Ignatius and Christina Komninakas invested $175,000 with Loles. According to a lawsuit, the Komninakases asked for their money back but Loles refused.
Copyright:
Attribution Non-Commercial (BY-NC)
Formati disponibili
Scarica in formato PDF, TXT o leggi online su Scribd
IGNATIUS KOMNINAKAS and 7
CHRISTINA A. KOMNINAKAS 7 J.D. OF FAIRFIELD
v. : AT BRIDGEPORT
APEIRON CAPITAL MANAGEMENT, INC;
GREGORY PETER LOLES;
KALLIOP LOLES;
FARNBACHER LOLES STREET DECEMBER |D_, 2009
PERFORMANCE, LLC: FARNBACHER LOLES :
AUTO PARTS, LLC; FARNBACHER LOLES
MOTORSPORTS, LLC; FARNBACHERLOLES
RACING, LLC
AFFIDAVIT
STATE OF CONNECTICUT
,
DOCKET NO. : SUPERIOR COURT
| ss TRUMBULL December 7, 2009
COUNTY OF FAIRFIELD
1, IGNATIUS KOMNINAKAS, being duly swom, do depose and say:
1. Tam over EIGHTEEN and understand the obligations of an oath,
2, reside in the Town of Shelton, Connecticut
3 That this is an action to collect funds due to me and my wife, CHRISTINA A.
KOMNINAKAS.
4. That upon information and belief and at all times hereinafter mentioned, defendant,
i APEIRON CAPITAL MANAGEMENT, INC., (Hereinafter “Defendant Corporation”) is
| engaged in the business of Investment Advisements having a principle place of business at 925
Grassy Hill Road, Orange, Connecticut.5. That upon information and belief and at all times hereinafier mentioned, defendant
GREGORY PETER LOLES (Hereinafter “GREGORY LOLES”) is an individual residing at 451
Judd Road, Easton, Connecticut.
6. That upon information and belief the Defendant, GREGORY LOLES, is the
President and a member of the Defendant Corporation. (See Attached Exhibit A)
7. That upon information and belief the Defendant, KALLIOPI LOLES, is an
individual residing at 451 Judd Road, Baston, Connecticut
8. That upon information and belief the Defendant, KALLIOPI LOLES is the
Secretary of the Defendant Corporation. (See Attached Exhibit A)
9. That upon information and belief the Defendant Gregory Loles was the sole
member of The Defendant, Fambacher Loles Motorsports, LLC (Hereinafter “Motorsports,
LLC”), a Limited Liability Company with a principal place of business located at 454 Miry
Brook Road, Danbury, Connecticut. (See Attached Exhibit B).
10. That upon information and belief the Defendant Gregory Loles was the sole
member of The Defendant, Fambacher Loles Street Performance, LLC (Hereinafter “Street
Performance, LLC”), a Limited Liability Company with a principal place of business located at
45A Miry Brook Road, Daibury, Connecticut. (See Attached Exhibit C).
11. That upon information and belief the Defendant Gregory Loles was the sole
member of The Defendant, Fambacher Loles Auto Parts, LLC (Hereinafter “Auto Parts, LLC”),
a Limited Liability Company with a principal place of business located at 45 Miry Brook Road,
Danbury, Connecticut. (See Attached Exhibit D).
12, That upon information and belief the Defendant Gregory Loles was the sole
member of The Defendant, Fambacherloles Racing, LLC (Hereinafter “Racing, LLC”), aLimited Liability Company with a principal place of business located at 89 Triangle Street,
Danbury, Connecticut. (See Attached Exhibit B)
13. To best of my knowledge on or about December, 2004, GREGORY LOLES,
contacted me via telephone in an attempt to persuade me and my wife to allow him to act as our
Investment Manager and/or Securities Broker.
14, On or about December, 2004, GREGORY LOLES invited me and my wife to
GREGORY LOLES and KALLIOPI LOLES’ home in Easton, Connecticut to continue to
persuade us to allow the Defendant Corporation to invest our funds.
15, Both GREGORY LOLES and KALLIOPI LOLES were present in the home at
the time of the meeting.
16. On or about December, 2004, at the aforementioned home meeting, GREGORY
LOLES, represented to the following dircetly to me and my wife:
a, That our funds would be invested in a fund known as the Knightsbridge
Fund.
b. That said Knightsbridge Fund was managed by two (2) colleagues located
in New York, New York.
¢. That the Defendant Corporation would pool our funds together with the
funds of other individual investors and invest in the Knightsbridge Fund as
abulk investment.
4. That our principal investment would be fully protected.
e. That the Knightsbridge Fund receives an eleven percent (11%) return on
investment and in turn, we would receive a Seven and ‘Three
Quarters Percent (7.75%) return on our individual investment.£ That the Knightsbridge Fund receives a high return on investment while
fully protecting the initial principal because the Fund only invests in
stable, high power companies with the highest bond status.
g. That the worst thing that could happen is that we would be forced
to accept a return of our principal investment if in fact the Knightsbridge
Money Managers could no longer afford to pay the stated dividend.
b. That ifthe Knightsbridge Money Managers would be retuming our
principal payment we would be given three (3) months notice.
i. That we should avoid investing in the stock market but rather
investment in the Knightsbridge Fund as it would guarantee a steady
dividend payment while simultaneously protecting our initial investment.
‘That at any time, we could demand the return of our principal
and if so demanded, the principal would be returned by GREGORY
LOLES within five (5) days.
17, At the commencement of the home meeting, on or about December 30, 2004, I
gave a check made payable to Defendant Corporation in the amount of Seventy Five Thousand
($75,000.00) DOLLARS.
18. On or about February 1, 2005, 1 received an Account Statement from the
Defendant Corporation confirming the principal investment of Seventy Five Thousand
($75,000.00) DOLLARS and the Portfolio Holdings of 375 shares of the Knightsbridge Fund,
indicating a Seven and Three Quarters Percent (7.75%) return and 375 shares of the Travelers
Fund which indicated a 6.15% percent return,19, From February 4, 2005 to August, 2007, { received a monthly dividend payment
in the amount of Four Hundred Thirty Four 38/100 ($434.38) DOLLARS.
20. On or about July, 2007 I gave an additional check to the Defendant Corporation in
the amount of One Hundred Thousand ($100,000.00) DOLLARS to double the initial
investment.
21. From September, 2007 to October, 2009 I received a monthly dividend payment
in the amount of One Thousand Thirteen 54/100 ($1,013.54) DOLLARS.
22. Onor about February, 2009, June 2009 and again in August, 2009 I demanded the
return of their total principal investment from GREGORY LOLES and on each occasion Mr.
Loles agreed to retum the funds.
23. On or about October, 2009 I again demanded the return of their initial principal
investment at which time GREGORY LOLES informed me that he would return the principal by
the middle of November.
24. The defendant GREGORY LOLES and Defendant Corporation have refused 10
return the total principal investment in the amount of One Hundred and Seventy Five
($175,000.00) DOLLARS to me.
25. At the time of my investment and all times herein I was a member of the Saint
Barbara’s Greek Orthodox Church located at 480 Racebrook Road, Orange, Connecticut
(Hereinafter “Chureh”).
26. — That upon information and belief the Saint Barbara’s Greek Orthodox Church had
invested funds with the Defendant Corporation and/or GREGORY LOLES.
27. On or about Sunday December 6, 2009 an emergency General Assembly Meeting
‘was scheduled and it was advised that all parishioners attend28.
On or about Sunday December 6, 2009 my wife and I attended the General
Assembly Meeting at St. Barbara’s Greek Orthodox Church.
29.
After the commencement of said meeting it is my understanding that the
following has occurred (See Attached Exhibit F):
a. That on or about Tuesday December I, 2009, the Church was contacted by
an individual residing in the State of California,
b. Said California resident claimed to have given a Joan in the amount of
$500,000.00 to GREGORY LOLES to which the funds were to be a donation to
the Church and he would repay the California investor within Four (4) months.
¢. Said loan occurred via wire transfer to the Defendant Corporation on or
about December 1, 2008,
4, Said California resident has attempted to collect the funds from
GREGORY LOLES for approximately | year but has only been partially
suocessful
e. Said loan was taken by GREGORY LOLES without the Church’s
knowledge or consent and no donation was made to the Church.
£ Said Califomia resident contacted the Church directly for the first time on
or about December 1, 2009 and demanded repayment of the funds from the
Church directly.
g. The Church, having no knowledge of the loan, attempted to contact
GREGORLY LOLES directly to receive an explanation of the circumstances.
h. GREGORY LOLES ignored all the Church’s attempt to contact him and
never responded to the Church's repeated telephone messages.i, Onor about December 2, 2009 GREGORY LOLES was admitted to the
hospital for an unknown reason.
j. GREGORY LOLES is currently still in the hospital and refuses to speak
with anyone outside the presence of his attorney.
30. Upon information and belief neither GREGORY LOLES nor the Defendant
Corporation is registered with the Securities and Exchange Commission or the Financial Industry
Regulatory Authority (FINRA).
31. Upon information and belief the Church and numerous individuals have made
repeated demands for the return of their principal payments and GREGORY LOLES and/or the
Defendant Corporation refuses to return the principal or even contact the investors.
32. My representative has contacted ‘The Knightsbridge Advisors with locations in
Boston, Massachusetts and Bartlesville, Oklahoma and Knightsbridge Holdings, LLC located in.
Las Vegas, Nevada, both of which have never heard of GREGORY LOLES and/or The
Defendant Corporation.
33. Upon information and belief the appropriate law enforcement authorities have
been contacted.
34. [relied and acted upon on the false statements and false information provided of
GREGORY LOLES and/or the Defendant Corporation.
35, Due to GREGORY LOLES and/or the Defendant Corporation’s false statements
and false information I paid over One Hundred and Seventy Five Thousand 00/100
($175,000.00) DOLLARS to GREGORY LOLES and/or the Defendant Corporation.36. As a result of the GREGORY LOLES and/or the Defendant Corporation’s false
statements and or fraudulent transfers 1 have suffered damages in the amount of One Hundred
and Seventy Five Thousand 00/100 ($175,000.00) Dollars.
37. The Defendant Corporation and GREGORY LOLES’ refusal to return the amount
of One Hundred and Seventy Five Thousand 00/100 ($175,000.00) Dollars resulted in the loss of
use of said money, cost of collection and attorney fees.
38. Therefore, I assert that the foregoing facts are sufficient to show that ‘there is
probable cause that a judgment in the amount of the prejudgment remedy sought or an amount
greater than that of the amount of prejudgment remedy sought, taking into account any known
defense counterclaims or setoffs, will be rendered in my favor in the above-captioned action in
the amount not less than One Hundred and Seventy Five Thousand 00/100 ($175,000.00) Dollars.
and that an Order should enter allowing the Plaintiff to attach or garnish to the extent of One
Hundred and Seventy Five Thousand 00/100 ($175,000.00) Dollars sufficient receivables and/or
assets of the Defendant Corporation, Apeiron Capital Management, LLC, Gregory P. Loles,
Kalliopi Loles, Farnbacher Loles Street Performance, LLC, Farnbacher Loles Auto Parts, LLC,
Fambacher Loles Motorsports, LLC AND Farnbacherloles Racing, LLC to secure this sum.
_ ad
Ignatius Komninakas
Subscribed and swom to before me this
92” day of December, 2009
is “Dends Ty Kekeanos, 6s
Commissioner of Superior Court ie
Meee
Mercantile Bank & Trust Co., Ltd., Counter-Defendant-Appellant v. Fidelity and Deposit Company, Etc., Counter-Claimant v. United States of America, Counter and International Energy Corporation, Counter-Defendants, 750 F.2d 838, 11th Cir. (1985)
J. M. Howard Bayliss v. Norman E. Rood, Trustee in Bankruptcy, in The Matter of West Virginia Industries Development Corporation, A West Virginia Corporation, Bankrupt, 424 F.2d 142, 4th Cir. (1970)