in the circuit court of jackson county, missouri, at independence
in the circuit court of jackson county, missouri, at independence in the circuit court of jackson county, missouri, at independence
simple escrow so that we had a place to put our certification program candidates until they receive the weeks worth of training and we were able to identify whether or not they were going to be part of our organization or not. That is all we asked you people to do, instead, you guys have carried this thing farther, in other words, you want to know more information about the company, or you want to know about our background, or you want to know whose involved in this because there is a conflict of interest and that is the only reason you guys wouldn't provide these services. You would provide them for anyone else that walked in off of the street, but you have a conflict. So admit you have a conflict and let's move on. If you don't have a conflict, then set the escrow up.” Lars Anderson US Bancorp; “Sam, this is Lars, Brian and I have talked about this since he bounced the transaction off of me to find out if we should do the deal and I couldn't see good reason to do the deal, but we have never talked about any kind of conflict of interest. I don't even know where you are coming from that standpoint.” Brian Kabbes US BANCORP; “I don't have any idea what he is talking about.” Bret Landrith MSCI; “I understand you are not admitting it yet, but you have not come up with a plausible nonprotectoral reason to not set up escrow accounts. We are going to be looking at...” Brian Kabbes US BANCORP; “we have to know our customers I have to have complete information and to know our customers and to know who we are doing business with.” Bret Landrith MSCI; “I don't think a US Bank knows too much about US Bank, but in terms of, we filled out credit application you got business plan, you got all that information, and once you got all that information then we are surprised you are not accepting the account.” Lars Anderson US Bancorp; “we take on a trust business stand alone, and we have our own acceptance criteria and it's got nothing to do with what someone else got your financials or whatever....” Bret Landrith MSCI; “like I said, I don't think US Bank is a coherent entity and I am really alarmed at some of the laissez-faire lack of control of practices that you have and I am sure we are going to see a lot of disturbing things, unless you are here are calling us to set up some trust accounts we will probably do our next communications in correspondence.” 58
Lars Anderson US Bancorp; “Ok, well we are trying to explain to you today the reason why we are not taking on the account.” Sam Lipari MSCI; “and what is that reason exactly, because we have gone”” Transcript of tape recorded telephone conference. 216. MSCI and SAMUEL LIPARI justifiably relied upon this fraudulent misrepresentation to not enforce US BANK’s promise with the defendants’ officer Brian Kabbes upon learning that US BANK was not going to provide the escrow services. MSCI and and SAMUEL LIPARI justifiably relied upon this fraudulent misrepresentation and did not seek a reversal of the decision from the St. Louis office of US BANK’s Commercial Trust department and instead contacted US BANCORP NA’s Andrew Cesere, to try and resolve the problem, unintentionally angering Lars Anderson and Susan Paine. 217. The defendants US BANCORP NA and US BANK caused this fraudulent misrepresentation to be communicated to MSCI with knowledge of its falsity or reckless disregard as to whether it was true or false to the point of not checking and realizing that the increased duties of the “know your customer” for new account holders had not been enacted. 218. Or, in the alternative the defendants caused this fraudulent misrepresentation to be communicated with reckless disregard as to whether it was true or false to 59
- Page 7 and 8: conduct designed to cause Medical S
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- Page 49 and 50: COUNT II CAUSE OF ACTION FOR FRAUD
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simple escrow so th<strong>at</strong> we had a place to put our<br />
certific<strong>at</strong>ion program candid<strong>at</strong>es until <strong>the</strong>y receive <strong>the</strong><br />
weeks worth <strong>of</strong> tra<strong>in</strong><strong>in</strong>g and we were able to identify<br />
whe<strong>the</strong>r or not <strong>the</strong>y were go<strong>in</strong>g to be part <strong>of</strong> our<br />
organiz<strong>at</strong>ion or not. Th<strong>at</strong> is all we asked you people to do,<br />
<strong>in</strong>stead, you guys have carried this th<strong>in</strong>g far<strong>the</strong>r, <strong>in</strong> o<strong>the</strong>r<br />
words, you want to know more <strong>in</strong>form<strong>at</strong>ion about <strong>the</strong> company,<br />
or you want to know about our background, or you want to<br />
know whose <strong>in</strong>volved <strong>in</strong> this because <strong>the</strong>re is a conflict <strong>of</strong><br />
<strong>in</strong>terest and th<strong>at</strong> is <strong>the</strong> only reason you guys wouldn't<br />
provide <strong>the</strong>se services. You would provide <strong>the</strong>m for anyone<br />
else th<strong>at</strong> walked <strong>in</strong> <strong>of</strong>f <strong>of</strong> <strong>the</strong> street, but you have a<br />
conflict. So admit you have a conflict and let's move on.<br />
If you don't have a conflict, <strong>the</strong>n set <strong>the</strong> escrow up.”<br />
Lars Anderson US Bancorp; “Sam, this is Lars, Brian and I<br />
have talked about this s<strong>in</strong>ce he bounced <strong>the</strong> transaction <strong>of</strong>f<br />
<strong>of</strong> me to f<strong>in</strong>d out if we should do <strong>the</strong> deal and I couldn't<br />
see good reason to do <strong>the</strong> deal, but we have never talked<br />
about any k<strong>in</strong>d <strong>of</strong> conflict <strong>of</strong> <strong>in</strong>terest. I don't even know<br />
where you are com<strong>in</strong>g from th<strong>at</strong> standpo<strong>in</strong>t.”<br />
Brian Kabbes US BANCORP; “I don't have any idea wh<strong>at</strong> he is<br />
talk<strong>in</strong>g about.”<br />
Bret Landrith MSCI; “I understand you are not admitt<strong>in</strong>g it<br />
yet, but you have not come up with a plausible nonprotectoral<br />
reason to not set up escrow accounts. We are<br />
go<strong>in</strong>g to be look<strong>in</strong>g <strong>at</strong>...”<br />
Brian Kabbes US BANCORP; “we have to know our customers I<br />
have to have complete <strong>in</strong>form<strong>at</strong>ion and to know our customers<br />
and to know who we are do<strong>in</strong>g bus<strong>in</strong>ess with.”<br />
Bret Landrith MSCI; “I don't th<strong>in</strong>k a US Bank knows too much<br />
about US Bank, but <strong>in</strong> terms <strong>of</strong>, we filled out credit<br />
applic<strong>at</strong>ion you got bus<strong>in</strong>ess plan, you got all th<strong>at</strong><br />
<strong>in</strong>form<strong>at</strong>ion, and once you got all th<strong>at</strong> <strong>in</strong>form<strong>at</strong>ion <strong>the</strong>n we<br />
are surprised you are not accept<strong>in</strong>g <strong>the</strong> account.”<br />
Lars Anderson US Bancorp; “we take on a trust bus<strong>in</strong>ess<br />
stand alone, and we have our own acceptance criteria and<br />
it's got noth<strong>in</strong>g to do with wh<strong>at</strong> someone else got your<br />
f<strong>in</strong>ancials or wh<strong>at</strong>ever....”<br />
Bret Landrith MSCI; “like I said, I don't th<strong>in</strong>k US Bank is<br />
a coherent entity and I am really alarmed <strong>at</strong> some <strong>of</strong> <strong>the</strong><br />
laissez-faire lack <strong>of</strong> control <strong>of</strong> practices th<strong>at</strong> you have<br />
and I am sure we are go<strong>in</strong>g to see a lot <strong>of</strong> disturb<strong>in</strong>g<br />
th<strong>in</strong>gs, unless you are here are call<strong>in</strong>g us to set up some<br />
trust accounts we will probably do our next communic<strong>at</strong>ions<br />
<strong>in</strong> correspondence.”<br />
58