Dovin Malkin & Ficken

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Dovin Malkin & Ficken

Fraud
In mid 2005, a group of investors pooled their money and invested a total of $1.2 million in four residential subdivisions that Cobblestone Builders claimed to be developing. Elephant Tract, Inc. was formed to collect the investor’s funds, and then forward the money to Cobblestone Builders. However, after receiving the funds, Cobblestone did not develop the subdivisions, as promised, and therefore, no profits were available to repay the investors. Elephant Tract filed suit against Cobblestone, the developer, to recoup the investors’ funds. But while that case was pending, Fitzmaurice, one of the investors, filed suit against Elephant Tract and its principal. Fitzmaurice claimed that Elephant Tract and its principal had “sold” the investment in Cobblestone to her. She sought damages for securities fraud and for the sale of unregistered securities. The Firm, while successfully pursuing Cobblestone on behalf of Elephant Tract to recover the monies, also successfully defended Elephant Tract against these charges. In January 2008, the Palm Beach, Florida jury found that Elephant Tract did not sell securities to Fitzmaurice and was not guilty of securities fraud.

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TollFree: (866) 416-8941

Location

Corporate Center V

Neighborhoods

Perimeter Center, Concourse at Landmark Center

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Dovin Malkin & Ficken LLC

Other Links

http://www.dmflawfirm.com

http://www.dmflawfirm.com/contact.html

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Corporation & Partnership Law Attorneys, Attorneys, Business Law Attorneys, Criminal Law Attorneys, General Practice Attorneys, Legal Service Plans, Patent, Trademark & Copyright Law Attorneys

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Details

Phone: (770) 829-3869

Address: 5 Concourse Pkwy Ste 2775, Atlanta, GA 30328

Website: http://www.dmflawfirm.com

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Dovin Malkin & Ficken

Fraud
In mid 2005, a group of investors pooled their money and invested a total of $1.2 million in four residential subdivisions that Cobblestone Builders claimed to be developing. Elephant Tract, Inc. was formed to collect the investor’s funds, and then forward the money to Cobblestone Builders. However, after receiving the funds, Cobblestone did not develop the subdivisions, as promised, and therefore, no profits were available to repay the investors. Elephant Tract filed suit against Cobblestone, the developer, to recoup the investors’ funds. But while that case was pending, Fitzmaurice, one of the investors, filed suit against Elephant Tract and its principal. Fitzmaurice claimed that Elephant Tract and its principal had “sold” the investment in Cobblestone to her. She sought damages for securities fraud and for the sale of unregistered securities. The Firm, while successfully pursuing Cobblestone on behalf of Elephant Tract to recover the monies, also successfully defended Elephant Tract against these charges. In January 2008, the Palm Beach, Florida jury found that Elephant Tract did not sell securities to Fitzmaurice and was not guilty of securities fraud.
Embezzlement
When Plaintiff was terminated, the Defendants accused him of embezzlement from the Company and conversion of Company property which, if true, would only entitle him to the lowest buy-out -- one times earnings or $757,000. However, through discovery, the Plaintiff was able to show that even if all of the Defendants’ allegations against him were true, his conduct would not constitute embezzlement or conversion as a matter of law. As a result, the trial court granted Plaintiff’s motion for summary judgment, holding that Plaintiff’s termination was “without Cause” -- and directing the Defendants to redeem Plaintiff’s Membership Interest for five times earnings, or $3.8 million.

Business and Corporate Law

Corporate Law
Mr. Moyen practices primarily in the areas of general corporate law, commercial arbitration, securities arbitration/litigation, business litigation, and securities regulation and compliance matters.
Intellectual Property
Christopher J. Moyen is of counsel with the law firm of Dovin Malkin & Ficken LLC. Mr. Moyen was born in St. Louis, Missouri and grew up in Kentucky. He received his Bachelor of Science in Accounting (cum laude) from Oral Roberts University in 1990 and his Juris Doctorate (cum laude) from the University of Georgia School of Law in 1996. During law school, he served as Articles Editor of the Journal of Intellectual Property Law and received the Corpus Juris Secundum Award for Scholastic Excellence in Property Law. In addition, Mr. Moyen has passed the Certified Public Accountants Examination, and as lead Enforcement Attorney with the Securities and Business Regulation Division of the Georgia Secretary of State, he investigated the activities of a national broker-dealer that resulted in the largest securities settlement award in Georgia history.

Trusts and Estates

Power of Attorney
During the late 1990s and early 2000s, while Ruth Meredith maintained an account at Bear Stearns, she was legally blind, a widow, and in her 80s. Having grown up during the Great Depression, Mrs. Meredith was frugal with money and preferred conservative, income-producing investments. In or around 1998, while Mrs. Meredith was living in a retirement community with on-staff nursing care, Mrs. Meredith's son, (who had a power of attorney for Mrs. Meredith) in concert with the Respondents, began trading her account with increased frequency. In fact, discretion was ultimately granted to Respondents to trade the account. The nature of the investments in Mrs. Meredith's account changed drastically. High risk internet and telecommunications stocks began to be traded with great frequency despite the fact that Mrs. Meredith's situation clearly called for conservative investments. The vast majority of the trades were solicited by Respondents or made using discretion. Despite the change in the nature of the account, Respondents never once contacted Mrs. Meredith by phone or by letter to confirm that the account was being handled in accordance with her wishes.

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