in the circuit court of jackson county, missouri, at independence

COUNT II
CAUSE OF ACTION FOR FRAUD
208. Plaintiff hereby re-alleges the preceding averments of
facts and incorporates them herein.
209. The Defendant US BANCORP injured MSCI with a
fraudulent misrepresentation material to their transaction
of escrow agency and escrow account hosting through US BANK
for MSCI and SAMUEL LIPARI.
210. Then Brian Kabbes speaking as a Vice President of US
BANK falsely represented to MSCI that US BANK and the
commercial trust department would not perform as escrow
agent or host MSCI’s escrow accounts because of the “know
your customer provisions” diligence requirements of the USA
PATRIOT Act had come into effect and made it impossible for
the bank to perform this service for MSCI.
208. The defendants’ officers Lars Anderson and Susan Paine
made this fraudulent misrepresentation through the
defendant Brian Kabbes by directing him to give this reason
to MSCI’s chief executive officer, SAMUEL LIPARI.
211. The defendant US BANCORP’s officer Andrew Cesere
directed the defendants’ officers Lars Anderson, Susan
Paine And Brian Kabbes not to retract this fraudulent
misrepresentation when it had been questioned by MSCI and
SAMUEL LIPARI and to maintain the misrepresentation in
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