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IN THE CIRCUIT COURT OF THE

17th JUDICIAL CIRCUIT OF


FLORIDA IN AND FOR BROWARD
COUNTY FLORIDA

LONG SIDE VENTURES, LLC, CASE NO.

Plaintiff/Judgment Creditor, 13-03103 (07)

v. CIRCUIT CIVIL DIVISION

NANOTECH ENTERTAINMENT, INC.,


A Nevada Corp.,

Defendant/Judgment Debtor,

v.

DAVID RUSSELL FOLEY; LISA FOLEY;


JEFFREY ALAN FOLEY; PHILLIP
FOLEY; ALAN STONE; KAREN DAVIS;
RUSSELL BISZANTZ; GARY
SCHRAGER;
PETER RIORDAN; ROBERT DEKETT;
TED CAMPBELL; BRUCE BEAN;
ROYAL CAPITAL GROUP, INC.;
ULTRAFLIX CORPORATION;
NANOTECH CAPITAL CORPORATION;
NANOTECH GAMING, INC.;
RIVER NORTH EQUITY, LLC;
FS GLOBAL CAPITAL CORPORATION;
UNIVERSAL COMMUNICATION
PARTNERS, INC.; SAGE CONSULTING
CORPORATION; PUSH
INTERNATIONAL CORPORATION;
PUBLIC DOMAIN LICENSING
CORPORATION; ULTRA MEDIA GROUP,
INC. and GALAXY ENTERTAINMENT
GROUP, INC.,

Supplemental Defendants
_______________________________________/

SUPPLEMENTAL COMPLAINT

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 2 of 16

Plaintiff/Judgement Creditor Long Side Ventures, LLC files this

Supplemental Complaint against Supplemental Defendants (i) David Russell

Foley; (ii) Lisa Foley; (iii) Jeffrey Alan Foley; (iv) Phillip Foley; (vi) Alan Stone;

(vii) Karen Davis; (viii) Russell Biszantz; (ix) Gary Schrager; (x) Peter

Riordan; (xi) Robert DeKett; (xii) Ted Campbell; (xiii) Bruce Bean; (xiv) Royal

Capital Group, Inc.; (xv) UltraFlix Corporation; (xvi) Nanotech Capital

Corporation; (xvii) Nanotech Gaming, Inc.; (xviii) River North Equity, LLC;

(xix) FS Global Capital Corporation; (xx) Universal Communication Partners,

Inc.; (xxi) Sage Consulting Corporation; (xxii) PUSH International

Corporation; (xxiii) Public Doman Licensing Corporation; (xxiv) Ultra Media

Group Inc. and (xxv) Galaxy Entertainment Group, Inc., and alleges as

follows:

SUMMARY OF ACTION

The Judgment Debtor, Nanotech Entertainment, Inc. (“Nanotech”), is a

public company that trades on the OTC market as a “penny stock” under the

symbol NTEK.
The Judgment Creditor filed the original lawsuit in this action on

February 5, 2013 seeking damages against Nanotech for failing to abide by

the terms of a series of securitized debentures. The parties thereafter

reached a settlement agreement for an amount substantially less than the

actual damages incurred by the Judgment Creditor. After Nanotech breached

the settlement agreement due to Nanotech failing to meet the first

installment payment, the Court entered a Final Judgment against Nanotech in

the amount of $1,245,113.44.


FUERST ITTLEMAN DAVID & JOSEPH
1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 3 of 16

Instead of making efforts to satisfy the Final Judgment, however, the

Supplemental Defendants systematically looted the assets of Nanotech,

including a substantial amount of its treasury stock, through an elaborate

corporate shell game involving fraudulent transfers and sham companies, all

for the purpose of rendering Nanotech, and its principles, “judgment proof.”
The Judgment Debtor fraudulently issued literally hundreds of

millions of shares of treasury stock through its Florida stock transfer agent

that were later sold for cash to benefit primarily David and Lisa Foley, who

transferred the money in and out of various shell companies to conceal their

involvement. In addition, the Judgment Debtor fraudulently transferred

ownership of its most valuable assets, an online movie-streaming business

and on-line game development business, together with related accounts

receivable, to other shell corporations controlled by David and Lisa Foley.


This misconduct is not surprising given that the mastermind behind this

fraudulent scheme, David Foley, the former CEO of Nanotech, was sentenced

in January 2012 to two years in Federal prison after pleading guilty to

conspiracy to commit fraud, including defrauding a mortgage lender by

falsely claiming employment he did not have. Having been released from

prison and now on probation, David Foley has continued to use Nanotech as

the personal “piggy bank” for himself and his family members, including

refinancing his $4 million home in Los Gatos that was facing foreclosure

earlier this year.


David Foley and his team did not stop their scheme to loot Nanotech

even after the judgment was entered. David Foley embarked upon yet more

unlawful schemes. Amongst other things, David Foley reported to the


FUERST ITTLEMAN DAVID & JOSEPH
1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 4 of 16

shareholders that he was on the brink of closing a substantial transaction

that would “save” Nanotech and allow its valuable intellectual property to be

used for growth and profit. Mr. Foley went so far as to create false emails

and documents to show to his shareholders, and indeed to Judgment Creditor

in an effort to stave off collection efforts. Mr. Foley even held a

teleconference with a person he identified as “Steve Orefice” wherein the

now-known fictitious “Mr. Orefice” declared that the funding had been closed

and disbursements were “imminent.” There was, of course, no deal, and

David Foley simply continued his scheme to defraud all who have dealt with

Nanotech.
This action seeks to recover judgments against the individual

Supplemental Defendants for the amounts that they have wrongfully received

in the form of fraudulent transfers from Nanotech. In addition, this action

seeks to recover the full amount of the Final Judgment from the individual

and corporate Supplemental Defendants who have acted as “alter egos” of

the Judgment Debtor or who have successor corporate liability for

fraudulently assisting Nanotech’s efforts to avoid its liability to the

Plaintiff/Judgment Creditor.
PARTIES AND JURISDICTION
1. This is an action for damages in excess of $15,000 exclusive of

interest, costs, and attorneys’ fees.


2. Plaintiff/Judgement Creditor Long Side Ventures, LLC is a Florida

limited liability company.


3. Supplemental Defendant David Russell Foley (“David”) is a

resident of California, , and was at all times the true Chairman of the Board

of Nanotech, although during some of the time due to legal proscriptions


FUERST ITTLEMAN DAVID & JOSEPH
1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 5 of 16

against his standing as the Chairman as a result of his fraud conviction, he

placed the title with his brother, Jeffrey.


4. Supplemental Defendant Lisa Foley (“Lisa”) is David’s wife and is

a resident of California.
5. Supplemental Defendant Jeffrey Alan Foley (“Jeffrey”) is David’s

brother and a resident of California, and was during the vast majority of the

time the Chairman of the Board of Directors of Nanotech.


6. Supplemental Defendant Phillip Foley (“Phillip”), is a resident of

California and was a member of the Board of Directors of Nanotech.


7. Supplemental Defendant Alan Stone (“Stone”) is a resident of

California and was the COO of Nanotech.


8. Supplemental Defendant Karen Davis (“Davis”) is a resident of

California and was the Financial Manager of Nanotech.


9. Supplemental Defendant Russell Biszantz (“Biszantz”) is a

resident of California and, like David, a convicted Federal felon, who

participated with Foley in his endeavors to loot Nanotech.


10. Supplemental Defendant Gary Schrager (“Schrager”) is a

California resident.
11. Supplemental Defendant Peter Riordan (“Riordan”) is a California

resident and a former CEO of Nanotech.


12. Supplemental Defendant Robert DeKett (“DeKett”) is a

Pennsylvania a resident and a former CEO of Nanotech.


13. Supplemental Defendant Ted Campbell (“Campbell”) is a

California resident and was the purported Chief Compliance Officer of

Nanotech and a member of its Board of Directors.


14. Supplemental Defendant Bruce Bean (“Bean”) is a California

resident and was the Chairman of the Board of Nanotech.

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 6 of 16

15. David, Lisa, Jeffrey, Phillip, Stone, Davis, Biszantz, Schrager,

Riordan, DeKett, Campbell, and Bean are referred to herein collectively as

the “Individual Supplemental Defendants.”


16. Supplemental Defendant Royal Capital Group, Inc. (“Royal

Capital Group”) is a South Dakota corporation, and is the alter ego of David

and Lisa Foley.


17. Supplemental Defendant Nanotech Capital Corporation (“NCC”)

is a Nevada corporation.
18. Supplemental Defendant UltraFlix Corporation (“UltraFlix”) is a

Nevada corporation.
19. Supplemental Defendant Nanotech Gaming, Inc. (“NGI”) is a

Nevada corporation.
20. Supplemental Defendant River North Equity, LLC (“River North”)

is an Illinois corporation.
21. Supplemental Defendant FS Global Capital Corporation (FS

Global”) is a Nevada corporation.


22. Supplemental Defendant Universal Communication Partners, Inc.

(“Universal”) is a South Dakota corporation.


23. Supplemental Defendant Sage Consulting Corporation (“Sage”) is

a South Dakota corporation.


24. Supplemental Defendant PUSH International Corporation

(“PUSH”) is a South Dakota corporation.


25. Supplemental Defendant Public Domain Licensing Corporation

(“Domain”) is a corporation of unknown domestication.


26. Supplement Defendant Ultra Media Group, Inc. (“Ultra”) is a

corporation of unknown domestication.


27. Supplemental Defendant Galaxy Entertainment Group, Inc.

(“Galaxy”) is a California corporation.

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 7 of 16

28. Royal Capital Group, NCC, UltraFlix, NGI, River North, FS

Global, Universal, Sage, Push, Domain, Ultra, and Galaxy are referred to

herein collectively as the “Corporate Supplemental Defendants.”


29. The Supplemental Defendants are subject to specific personal

jurisdiction in Florida pursuant to section 48.193(1)(a)(2), Florida Statutes,

because, among other things, the causes of action alleged herein arise from

the commission of tortious acts within the State of Florida including

fraudulent transfers of Nanotech treasury stock through a Florida stock

transfer agent, Cleartrust, LLC, with offices at 16540 Pointe Village Drive,

Suite 210, Lutz, FL 33558.

GENERAL ALLEGATIONS1

A. Background
30. Plaintiff/Judgment Creditor commenced this action on February 5,

2013 against Nanotech (and various other defendants, including David and

Jeffrey, who were later dismissed without prejudice) for, among other things,

failing to repay loans subject of securitized debentures.


31. After years of litigation, the parties reached a settlement of this

action in December 2015 in which the Plaintiff/Judgment Creditor agreed to

compromise its claim against Nanotech in exchange for $1.5 million, which

was only a fraction of its actual damages.

1
The facts set forth herein are incomplete because of the Judgment Debtor’s
contumacious refusal to provide any meaningful discovery in aid of execution of the
Final Judgment, which has resulted in the entry of numerous sanctions Orders. The
scant production, which in no way matches the publicly filed financials of nanotech,
further evidence the complete fraud of David Foley and his team’s operation of
Nanotech. The Judgment Creditor reserves the right to amend this pleading if and
when the Judgment Debtor ever complies with its discovery obligations to include
additional facts, including specific quantities of shares transferred.

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 8 of 16

32. At the time of the settlement, David was in prison in connection

with his guilty plea to wire and bank fraud under 18 U.S.C. § 1349 but was

still de facto controlling Nanotech through his brother, Jeffrey.


33. The settlement required periodic payments, and Nanotech

breached the very first installment payment.


34. The Court awarded a Final Judgment against Nanotech on

December 1, 2016 in the amount of $1,245,113.44, which continues to accrue

statutory interest. The Final Judgment also awarded 2,001,607 shares of

Nanotech stock to the Plaintiff/Judgment Creditor, which have not been

transferred as ordered.
B. The Nanotech Insider Stock Transfers
35. At various times and in various quantities since this action was

commenced on February 5, 2013, Nanotech has fraudulently transferred

hundreds of millions of shares of its stock (CUSIP No. 63009Y203) through

its Florida stock transfer agent to the following Supplemental Defendants (in

the following approximate amounts):


a. David: 212 million
b. Lisa 22 million
c. Jeffrey 500,000
d. Phillip 29 million
e. Stone 8.7 million
f. Davis 5 million
g. Gulas 5 million
h. Schrager 1 million
i. Riordan 8 million
j. DeKett 14 million
k. Campbell 8 million
l. Royal Capital Group: 800 million2
m. River North 15 million
n. FS Global Capital 17 million

2
Biszantz has contended he owns and controls Royal Capital, but Lisa and
David Foley have executed documents with the Florida Transfer Agent
represented they are the owners and benefactors.
FUERST ITTLEMAN DAVID & JOSEPH
1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 9 of 16

(collectively, the “Treasury Stock Transfers”).


36. At all times that Treasury Stock Transfers occurred, Nanotech

was effectively insolvent with negative net cash flow from operations every

year since 2012.


37. The Treasury Stock Transfers to Royal Capital Group were

particularly egregious because Royal Capital Group was a shell company

created in South Dakota in March 2015 by David just before Nanotech

defaulted on the settlement agreement here. David placed ownership of Royal

Capital Group in the name of his wife, Lisa, to conceal that he controlled it

and to conceal that it was an affiliate of Nanotech. Royal Capital Group had

no real business activities but was simply a front created as a conduit to

fraudulently transfer assets from Nanotech to David and Lisa (indirectly

through various Corporate Supplemental Defendants) in an attempt to

circumvent the claims of creditors, such as the Plaintiff/Judgment Creditor

here. None of the shares in Nanotech were transferred to Royal Capital

Group for any value and were instead were sold for cash to benefit David and

Lisa personally at the expense of the Plaintiff/Judgment Creditor.


38. In October 2016, Lisa Foley purported to resign as an officer of

Royal Capital Group in favor of Biszantz to further help conceal Royal Capital

Group’s relationship to David and Nanotech.

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 10 of 16

B. The Shell Game

39. To further conceal Nanotech’s assets, Foley (with participation

from the other Individual Supplemental Defendants) established the various

Corporate Supplemental Defendants, all of which were alter egos of

Nanotech or became liable for its debts as successor corporations.


40. David exercised complete dominion and control over the

Corporate Supplemental Defendants such that they had no independent

existence bur rather were mere alter egos of Nanotech.


41. None of the Corporate Supplemental Defendants have any

legitimate business activities separate and apart from Nanotech and all of

them were formed and used for the express purpose of misleading and

defrauding creditors, particularly the Plaintiff/Judgment Creditor here. For

instance,
a. Royal Capital Group, River North and FS Capital were created

and used to siphon treasury stock from Nanotech for the

ultimate benefit of David and Lisa.


b. UltraFlix was created and used to divert IP and accounts

receivable relating to Nanotech’s movie streaming business for

the ultimate benefit of David and Lisa; and


c. NGI was created and used to hide Nanotech’s valuable IP and

software assets.
d. Galaxy, Sage, Universal, Ultra, Domain and Push were created,

for among other reasons, so that David and Lisa could conceal

their misappropriation of cash from the sale of Nanotech’s

assets by opening numerous bank accounts at Wells Fargo

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 11 of 16

(and potentially other banks) and moving cash between those

accounts to conceal the ultimate beneficiary.


2. We refer to the foregoing activity collectively herein as “the Shell

Game.”
3. Ultimately, there was a stock-freeze placed on the sale of the

shares. Thereafter, David Foley and his team embarked upon a campaign to

liquidate all assets of Nanotech, and pocket the proceeds.


4. To buy time, David Foley represented to the Nanotech

shareholders that a white knight had agreed to provide work-out financing

where in Judgment Creditor would be satisfied, and working capital would be

implemented to allow for growth and a new, innovative management team

would be installed to operate Nanotech.


5. To stop the collection activity by Judgment Creditor, David Foley

manufactured the name and identity of the white knight – “Steve Orefice.”

Mr. Foley created an email and an identity for him, and forwarded to

Judgment Creditors emails to and from Mr. Orefice. Mr. Foley held a

teleconference wherein Mr. “Orefice” participated and acknowledged the

imminent financing. Mr. Foley and his alter ego, Mr. “Orefice” confirmed that

the financing was closed and funds were en route, only to be delayed by

“bank error.”
6. All of this was a lie. Instead, Nanotech’s authority to engage in

business was revoked, and what actual assets it held were sold, including

through Ebay. Foley retained all proceeds.


7. Plaintiffs have retained undersigned counsel to represent them in

this action and have agreed to pay them a reasonable fee for their services.
8. All conditions precedent to filing the causes of action alleged in

this complaint have occurred or have been performed or excused.


FUERST ITTLEMAN DAVID & JOSEPH
1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 12 of 16

COUNT I
FRAUDULENT TRANSFERS
(Against Royal Capital Group, River North, FS Global,
and the Individual Supplemental Defendants)

9. Plaintiff/Judgment Creditor repeats and re-alleges the allegations

in paragraphs 1 through 44 as if fully set forth herein.


10. This is an action for violation of Chapter 726, Florida Statutes,

known as the “Florida Uniform Fraudulent Transfer Act.”


11. The Plaintiff/Judgment Creditor is a “creditor” of Nanotech as

defined in section 726.102(5), Fla. Stat.


12. The Plaintiff/Judgment Creditor has held a “claim” against

Nanotech, as defined in section 726.102(4), Fla. Stat., since at least February

15, 2013 when it commenced this action.


13. The Individual Supplemental Defendants were “insiders” of

Nanotech as defined in section 726.102(8), Fla. Stat., because, among other

things, they were either officers or directors of Nanotech or persons who

controlled Nanotech.
14. The Treasury Stock Transfers were fraudulent under section

725.105(1)(a), Fla. Stat., because they were made with the actual intent to

hinder, delay, or defraud the Plaintiff/Judgment Creditor.


15. The Treasury Stock Transfers were also fraudulent under section

725.105(1)(b), Fla. Stat., because they were made by Nanotech without

receiving a reasonably equivalent value in exchange and Nanotech (i) was

engaged or was about to engage in a business or a transaction for which its

remaining assets were unreasonably small in relation to the business or (ii) it

would incur debts beyond its ability to pay as they became due.
16. In addition, the Treasury Stock Transfers were fraudulent under

section 726.106(1), Fla. Stat., because they were made without Nanotech

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 13 of 16

receiving a reasonably equivalent value in exchange and Nanotech was

insolvent at that time or became insolvent as a result of the transfers.


17. Finally, the Treasury Stock Transfers as to the Individual

Supplemental Defendants were fraudulent under section 726.106(2), Fla.

Stat., because (i) they were made to insiders based on antecedent debts; (ii)

Nanotech was insolvent at the time; and (iii) the insiders had reasonable

cause to believe that Nanotech was insolvent.


18. Plaintiffs have been damaged as a direct and proximate result of

the fraudulent Treasury Stock Transfers.

COUNT II
ALTER EGO LIABILITY
(Against David and Lisa Foley,
and the Corporate Supplemental Defendants)

19. Plaintiff/Judgment Creditor repeats and re-allege the allegations

in paragraphs 1 through 44 as if fully set forth herein.


20. David and Lisa Foley dominated and controlled Nanotech and the

Corporate Supplemental Defendants to such an extent that their independent

existence was in fact non-existent and David and Lisa, together with the

Corporate Supplemental Defendants, were in fact alter egos of Nanotech.


21. David and Lisa Foley established the Corporate Supplemental

Defendants solely for the fraudulent and improper purpose of defrauding

creditors, including the Plaintiff/Judgment Creditor.


22. In particular, David and Lisa used the Corporate Supplemental

Defendants to siphon off funds and valuable assets, including treasury stock,

owned by Nanotech instead of paying creditors of Nanotech, such as the

Judgment Creditor. Indeed, the Foleys used the proceeds to fund their

extravagant lifestyle, including their luxury home.

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 14 of 16

23. The Plaintiff/ Judgment Creditor has been damaged as a direct

and proximate result of the foregoing fraudulent use of the corporate form.

COUNT III
CORPORATE SUCCESSOR LIABILITY
(Against the Corporate Supplemental Defendants)

24. Plaintiff/Judgment Creditor repeats and re-allege the allegations

in paragraphs 1 through 44 as if fully set forth herein.


25. Florida law imposes successor corporation liability under four

types of scenarios:3
a. The successor expressly or impliedly assumed the obligations

of the predecessor;
b. There has been a de facto merger of the predecessor and

successor;
c. The successor is a “mere continuation” of the predecessor;
d. The successor was used in a fraudulent effort to avoid the
liability of the predecessor.

26. Here, the Corporate Supplemental Defendants are liable as

successors of Nanotech because, among other reasons, (i) they expressly or

impliedly assumed the obligations of Nanotech; (ii) they have merged, de

facto, with Nanotech; (iii) they are “mere continuations” of Nanotech; and

(iv) they have been used in a fraudulent effort to assist Nanotech in avoiding

liability for the Final Judgment.


27. In particular, the Judgment Debtor has fraudulently transferred

all of its valuable movie streaming assets, assets, including intellectual

property rights and accounts receivable, to Corporate Supplemental

Defendant UltraFlix in an effort to hide income and assets from the Judgment

3
See, e.g., Bernard v. Kee Mfg. Co., 409 So. 2d 1047, 1049, Fla. 1982).

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 15 of 16

Debtor. For all intents and purposes, UltraFlix is merely Nanotech operating

under an assumed name.


28. Similarly, the Judgment Debtor has fraudulently transferred

valuable assets relating to its electronic gaming technology to Corporate

Supplemental Defendant NGI, which is merely a continuation of Nanotech’s

business under a different name.


29. Furthermore, the Judgment Debtor has used the Corporate

Supplemental Defendants, including Galaxy, Sage, Universal, Ultra, Domain

and Push, to conceal misappropriation of cash by David and Lisa Foley by

opening numerous bank accounts at Wells Fargo and moving cash between

those accounts to conceal the ultimate beneficiaries.


30. The Plaintiff/Judgment Creditor has been damaged as a direct

and proximate result of the foregoing successor liability misconduct by the

Corporate Supplemental Defendants.

PRAYER FOR RELIEF

WHEREFORE, with respect to all of the foregoing causes of action,

Plaintiffs respectfully requests that the Court:

i) Award monetary damages against the Supplemental Defendants;

ii) Order an attachment of all Nanotech assets that have been


fraudulently transferred;

iii) Enter an injunction against further dissipation of assets;

iv) Award costs of suit;

v) Award reasonable attorneys’ fees; and

vi) Grant such further relief as the Court deems just and proper.

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM
Supplemental Complaint
Page 16 of 16

Plaintiff/Judgment Creditor reserve the right to seek to amend this

Complaint to add a claim for punitive damages.

DEMAND FOR JURY TRIAL

Plaintiff/Judgment Creditor demands trial by jury on all issues so


triable.

Dated: April __, 2018 Respectfully submitted,

FUERST ITTLEMAN DAVID & JOSEPH


Counsel for Plaintiff/Judgment Creditor
1001 Brickell Bay Drive, Suite 3112
Miami, Florida 33131
Tel: (305) 350-5690
Fax: (305) 371-8989
Email: ajoseph@fuerstlaw.com
Secondary: lassef@fuerstlaw.com

By: s/ Allan A. Joseph


ALLAN A. JOSEPH
Florida Bar No. 893137

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was

served this ____ day of April, 2018 via regular mail and email to Nanotech

Entertainment, Inc., 2450 Kruse Drive, San Jose, CA 95131 (Email:

jeff@clearmemories.com / jeff@ntek.com and david@ntek.com).

By: s/ Allan A. Joseph


ALLAN A. JOSEPH

FUERST ITTLEMAN DAVID & JOSEPH


1001 BRICKELL BAY DRIVE, SUITE 3112, MIAMI, FL 33131 • T: 305.350.5690 • F: 305.371.8989 •
WWW.FUERSTLAW.COM