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

their capacity as managing speaking officers for US
BANCORP NA, US BANK.
212. The defendants’ officers Andrew Cesere, Lars Anderson,
Susan Paine and Brian Kabbes caused this fraudulent
misrepresentation to be communicated to SAMUEL LIPARI with
the intention to induce MSCI to refrain from enforcing US
BANK’s agreement to provide MSCI escrow agency services and
escrow account hosting.
213. On 10-24-02 the defendants officer Brian Kabbes
communicated to MSCI and SAMUEL LIPARI that US BANK’s
corporate trust division (US BANCORP) would not provide the
escrow accounts because of the “know your customer”
provision of the USA PATRIOT Act prevents them from
providing the agreed upon escrow accounts.
214. Becky Hainje US Bancorp (Phone Message left on MSCI
answering machine 10-24-02);
”Becky Hainje: Hi Sam this is Becky Hainje with US Bank
I a… visited again with Brian Kabbes in the a…
corporate trust area and a… ask him what would you need
to provide in order to have the a… request for the
escrow trust reviewed and he was very honest, he said
a… really it does not look good, this is something that
the bank would be willing to do and he doesn't want you
to invest any more time in it with him, but he did give
me a… the listing of the main reasons, the concerns
that the bank had a… first of all was that of course
this is an unknown start up business that a…. did not
have any prior existing relationship with the a… Bank
a... that the principals involved with the business
were people unknown to the bank as you mentioned they
were National and he really had no idea, and but the
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