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`EXHIBIT D
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`EXHIBIT D
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`FILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`BALLYBEG ENTERTAINMENT LLC,
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`-against-
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`Plaintiff,
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`ADVANCE ENTERTAINMENT LLC, JOSEPH
`MELI, and KID SHELLEEN, LLC,
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`Defendants.
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`
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`Index Number 655482/2018
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`Hon. Andrea Masley
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`
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`FIRST AMENDED
`VERIFIED COMPLAINT
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`Plaintiff Ballybeg Entertainment LLC, through its undersigned counsel, alleges the
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`following for its First Amended Complaint against defendants Advance Entertainment LLC,
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`Joseph Meli, and Kid Shelleen, LLC (collectively “Defendants”).
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`NATURE OF THE COMPLAINT
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`1)
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`This action arises out of a classic Ponzi scheme orchestrated by Defendant Joseph
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`Meli (“Meli”) and furthered by the knowing assistance and participation of Meli’s company
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`defendant Advance Entertainment LLC
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`(“Advance”).
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` By means of Defendants’
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`misrepresentations, lies, forged agreements, and bogus due diligence, Defendants defrauded
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`investors of more than $95 million for a purported high-end live event ticket resale business
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`which did not, in fact, exist.
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`2)
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`In January 2017, Ballybeg invested $500,000, purportedly to be used by Meli’s
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`company, Advance, towards the purchase of ticket blocks for an upcoming national tour of the
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`music group Metallica and a series of scheduled live events at the newly renovated Nassau
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`Coliseum. According to the investment agreements, the tickets purchased by Advance and Meli
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`would then be resold to the public, and Ballybeg, as an investor, would receive 10% annualized
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`return on its investment from proceeds of the ticket re-sales.
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`3)
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`In determining whether or not to fund these investments, Ballybeg relied on
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`Meli’s relationship with Advance and the blessing and participation of third parties CVC Capital
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`Partners and DTI Management LLC, a well-known player in the live event ticket resale industry.
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`By reason of DTI’s appointment of Meli as a director and top executive, along with DTI’s status
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`as a portfolio company of global private equity firm CVC, Ballybeg was led to believe that Meli
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`and Advance, a relatively unknown entity in the industry, were: (1) authorized to solicit
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`investments on behalf of DTI; (2) thoroughly vetted by CVC; and (3) backed by the financial
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`capital necessary to be a major player in the industry.
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`4)
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`Ultimately, however, after investing $500,000 with Meli and Advance, Ballybeg
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`discovered that Meli had no agreements in place for the purchase of Metallica or Nassau
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`Coliseum tickets. Instead, Ballybeg’s $500,000 investment was used to pay defendant Kid
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`Shelleen, LLC (“Kid Shelleen”), in furtherance of the Ponzi scheme.
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`5)
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`On January 27, 2017, just two days after Ballybeg invested with Meli and his
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`company Advance, Meli was arrested for violations of federal wire and securities fraud crimes
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`used to perpetuate the Ponzi scheme. The United States Securities and Exchange Commission
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`(“SEC”) filed civil claims against Meli, and the United States Department of Justice (“DOJ”)
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`initiated an investigation into Meli’s fraudulent scheme and filed a criminal complaint.
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`6)
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`Following his arrest, Meli was indicted by the United States Department of
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`Justice for conspiracy to commit securities fraud and wire fraud. In October 2017, Meli pled
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`guilty to securities fraud and ultimately was sentenced on April 3, 2018 to 6.5 years
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`imprisonment and payment of $58.8 million in restitution.
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`THE PARTIES
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`7)
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`Plaintiff Ballybeg is a Delaware limited liability company formed in 2010 and
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`located at 630 Ninth Avenue, Suite 610, New York, New York.
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`8)
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`Defendant Advance is a Delaware limited liability company organized in 2011
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`and controlled by Joseph Meli, its sole and managing member, with its principal place of
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`business located at 95 Horatio Street, Apartment 701, New York, New York.
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`9)
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`Defendant Meli is a resident of New York, New York, is the managing member
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`and 100% owner of Defendant Advance and, at all material times, was a director, senior
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`executive and the head of the Entertainment Division of defendant DTI.
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`10) Defendant Kid Shelleen is a Delaware limited liability company organized and
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`controlled by Paul Tudor Jones and Tudor Investment Corporation, with its principal place of
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`business in the state of Connecticut.
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`JURISDICTION AND VENUE
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`11)
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`This Court has jurisdiction over the Defendants because the Defendants transacted
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`business within this state under CPLR 302(a)(1) and are located in New York such as to be
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`subject to general jurisdiction under CPLR 301.
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`12) Venue is proper in the Supreme Court of the State of New York, New York
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`County, because defendants Advance and Meli are located in the County and State of New York,
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`conduct business in the County and State of New York, and because the fraudulent actions
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`described herein involve events in and communications to and from New York. Moreover,
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`plaintiff Ballybeg delivered the payments to fund its investments by wire transfer to defendant
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`Advance’s Bank of America/Merrill Lynch account in New York, New York.
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`FILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
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`STATEMENT OF FACTS
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`I.
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`The Ponzi Scheme
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`13) As detailed in the complaints filed on January 27, 2017 by the DOJ and the SEC,
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`and in the indictment filed on September 5, 2017 (the “Superseding Indictment”), from January
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`2015 through January 2017, Meli orchestrated a Ponzi scheme intended to lure individual and
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`institutional investors into a purported ticket resale business for widely popular Broadway
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`shows, concerts, and other live entertainment events.
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`14)
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`In reality, however, the funds invested by these investors—including plaintiff
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`Ballybeg—were not used to purchase tickets for resale as promised in Meli’s funding agreements
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`but instead were funneled to prior investors to create the illusion of profitable returns, as well as
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`to Meli and his co-conspirators for their own personal use.
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`15) Meli enticed his investors by claiming to have exclusive access to bulk premium
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`tickets to some of the most popular live entertainment events in the United States. Additionally,
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`Meli knowingly misrepresented to investors that he had developed a unique model for
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`purchasing block tickets to live events, in most cases from an event sponsor or promoter, in
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`advance of an event, and then being repaid when those tickets were sold to the secondary market
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`at a profit. Investors then entered into written contracts that promised full repayment of principal
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`plus a 10% annualized profit. In addition, investors were promised 50% of any profits from the
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`ticket re-sales that remained after investors received their return of principal and return.
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`16) As detailed in the SEC and DOJ complaints, in total, Meli and his co-conspirators
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`offered and sold a total of over $95 million from investors between January 2015 and January
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`2017. Those investments were spread across four different entities, including Meli’s company,
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`Advance. At least $48 million of incoming funds from apparent investors was used to repay and
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`provide purported investment returns to other investors—not to purchase blocks of tickets as
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`Meli had represented. Meli and his co-conspirators also diverted investor funds for their own
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`personal use, including lavish jewelry and automobile purchases, extravagant vacations, and
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`private school tuition.
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`17) On January 26, 2017, Meli was indicted for conspiracy to commit securities fraud
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`and wire fraud (Count I), securities fraud (Count II), and wire fraud under 18 U.S.C. § 1343
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`(Counts III and IV). See, U.S. v. Steven Simmons and Joseph Meli, Case No. 1:17-cr-00127-
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`KMW (S.D.N.Y).
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`18) On January 27, 2017, the SEC filed a complaint against Meli for (1) fraud in the
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`offer or sale of securities under Section 17(a)(1)-(3) of the Securities Act, and (2) fraud in
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`connection with the purchase of sale of securities under Section 10(b) of the Exchange Act and
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`Rules 10b-5(a)-(c). See, SEC v. Meli, et al., Case No. 17-cv-632-LLS (S.D.N.Y.).
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`19) On September 5, 2017, the DOJ filed a Superseding Indictment amending the
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`criminal charges to include an additional count of securities fraud against Meli (Count V) for:
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`“(a) employing devices, schemes and artifices to defraud; (b) making untrue statements of
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`material fact and omitting to state material fact necessary in order to make the statements made,
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`in light of the circumstances under which they were made, not misleading, and (c) engaging in
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`acts, practices and courses of business which operated and would operate as a fraud and deceit
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`upon persons, to wit, MELI, utilizing false representations, obtained funds from investors and
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`then utilized those funds to make payments to earlier investors and otherwise misappropriated
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`those funds for his personal benefit.” See, Superseding Indictment (Dkt. 58) at pp. 12-13, U.S. v.
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`Steven Simmons and Joseph Meli, case no. 1:17-cr-00127-KMW (S.D.N.Y). The Superseding
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`Indictment also added a sixth count against Meli for identity theft. Id. at pp. 13-14.
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`FILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
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`20) According to the Superseding Indictment, Meli defrauded approximately 130
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`investors of at least $95 million and utilized a “substantial portion” of those funds for personal
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`expenses, including a $3 million house in East Hampton, New York, a 2017 Porsche convertible,
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`and expensive watches and jewelry. He also made payments “in a Ponzi-like manner” to
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`previous investors in his ticket fraud scheme and in his other fraudulent investment schemes.
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`21) On October 31, 2017, Meli appeared before a United States Magistrate Judge in
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`the District Court for the Southern District of New York and entered a plea of guilty to Count V
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`of the Superseding Indictment. In his statement, Meli admitted that:
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`Starting in about 2015, I misled investors, and I took inappropriate
`business by soliciting their investments with false documents. I
`represented to certain investors that I had formal written contracts
`to purchase bulk tickets to live events. Those formal contracts did
`not always exist as I represented. In some cases, I showed
`investors contracts that appeared to be signed by people who had
`not signed them. And in some cases, those contracts did not
`accurately reflect the true agreements related to my bulk purchases
`of live events. I knew what I was doing was wrong . . .
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`See, Transcript (Dkt. 89-1) at p. 22, U.S. v. Steven Simmons and Joseph Meli, case no.
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`
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`1:17-cr-00127-KMW (S.D.N.Y).
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`22)
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`In his guilty plea, Meli agreed to accept up to 97 months of imprisonment,
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`$5,000,000 in fines, and $65,000,000 in forfeitures. On April 3, 2018, Meli was sentenced by
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`the Honorable Kimba Wood, Senior United States District Judge of the United States District
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`Court for the Southern District of New York, to 6 ½ years imprisonment and payment of $58.8
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`million in restitution.
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`II. Meli’s Pitch to Ballybeg
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`23)
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`Since its formation in 2010, Ballybeg has been in the business of investing in
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`strategic investments and projects, primarily in the entertainment industry.
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`24)
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`In or around April 2016, Meli set his sights on Ballybeg as the next target in his
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`Ponzi scheme. Meli requested a meeting in person with executives from Ballybeg where he
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`described how he and his company Advance were in the business of buying blocks of tickets for
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`popular live entertainment events and re-selling them in the secondary market.
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`25) Meli misrepresented that the business was already profitable and that Ballybeg
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`had an opportunity to participate. Meli explained that he was expanding his business into
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`Broadway ticket sales and would like Ballybeg and its CEO, Jeremiah Harris, to help him to
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`assist in breaking into the Broadway ticket market.
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`26)
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`To sweeten the deal, Meli explained that he had a close and successful
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`relationship with DTI. DTI is one of the largest suppliers of live event ticket inventory to online
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`ticket marketplaces in the country. DTI streamlines live event ticket distribution and facilitates a
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`secondary market environment for sports teams, event producers and promoters, music artists,
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`venues, and ticket brokers to conduct ticket sales across secondary marketplaces. DTI also
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`supplies ticket inventory to popular online re-sale platforms such as StubHub, SeatGeek, and
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`Ticketmaster.
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`27) On June 10, 2016, Meli sent an e-mail to Ballybeg entitled “It’s On,” attaching for
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`Ballybeg’s review a term sheet dated June 10, 2016, and addressed to Curtis Cheng, CEO of DTI
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`(the “DTI Term Sheet”). The DTI Term Sheet was an agreement between Meli and DTI
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`proposing that Advance purchase DTI for $63 million in cash and $15 million in Advance stock.
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`Meli intended that the DTI Term Sheet would defraud Ballybeg into believing that his company,
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`Advance, which had no real history or track record in the industry, was legitimate and financially
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`capable of purchasing all or part of DTI.
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`28) Approximately two weeks later, on or around June 22, 2016, Meli sent to
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`Ballybeg a presentation entitled “Project Takedown” which included a full review of DTI’s
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`business activities and strategies and misrepresented that DTI would be a fully integrated and
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`operational division of Advance following the acquisition contemplated in the DTI Term Sheet.
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`III. CVC and the DTI/Advance Reorganization
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`29) On or around July 11, 2016, Meli sent another presentation to Ballybeg, again
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`misrepresenting the supposed “merger strategy of DTI and AE [Advance]”. This time, however,
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`Meli represented that he was waiting to receive a term sheet (the “CVC Term Sheet”) from
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`Christopher Stadler, Managing Partner at CVC, a globally known private equity firm managing
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`capital of approximately $80 million on behalf of over 300 institutional, governmental, and
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`private investors worldwide.
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`30) According to Meli, the prospect for the acquisition of by Advance had changed,
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`but for the better. On July 18, 2016, Meli forwarded to Ballybeg the CVC Term Sheet via an e-
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`mail entitled “Check it out.” Rather than Meli’s company, Advance, simply purchasing DTI as
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`previously contemplated by the DTI Term Sheet, CVC would now make a substantial investment
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`in DTI (the “CVC Investment”), and Advance would receive an equity interest in that entity
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`through its position in CVC’s new investment vehicle. Meli represented, falsely, that he would
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`now be “in charge of DTI” with $75 million of capital backing from CVC and New Amsterdam
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`Growth Capital.
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`31)
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`From approximately July 18 to August 25, 2016, Meli continued to update
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`Ballybeg on the status of these transactions. Meli forwarded to Ballybeg the draft purchase
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`agreements prepared by CVC’s lawyers, Fried, Frank, Harris, Shriver & Jacobson LLP, which
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`outlined the method by which Advance would acquire its equity interest in DTI (the
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`“DTI/Advance Reorganization”).
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`32)
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`Following the completion of the DTI/Advance Reorganization on August 25,
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`2016, Meli shared with Ballybeg the news of Advance’s new equity stake in DTI along with a
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`copy of his services agreement as an employee and co-CEO with Cheng of CVC’s new
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`investment vehicle, NAGC DTI LLC (“NAGC DTI”).
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`33)
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`The $75 million CVC Investment was completed and closed in October 2016.
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`CVC’s managing partner, Christopher Stadler, became a director of DTI and, it would later be
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`discovered, personally invested—and was immediately repaid—approximately $200,000 in one
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`of Meli’s ticket investments.
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`34) Meli now apparently possessed the authority, resources, and financial capital of
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`DTI and CVC necessary to persuade the previously reluctant Ballybeg to invest in his Ponzi
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`scheme. As a result of the CVC Investment and the assurances of Meli and Advance, Ballybeg
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`was satisfied that Meli and Advance were operating in a manner consistent with the standards of
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`a CVC portfolio company and that the new investment vehicle had been properly vetted.
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`IV.
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`Ballybeg’s Investment
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`35)
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`Throughout December 2016, Meli was in discussions with Ballybeg regarding
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`two investment opportunities—one involving tickets for an upcoming, unannounced national
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`tour of the music group Metallica, and another involving tickets for a series of live events
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`scheduled to take place at the newly renovated Nassau Coliseum over the next two years.
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`36) On January 25, 2017, Ballybeg executed an agreement with Advance and Meli by
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`which Ballybeg invested $500,000 towards the purchase of the Metallica and Nassau Coliseum
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`tickets in exchange for 10% return on its investment (the “Ballybeg Investment”). The Ballybeg
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`Investment was structured in two parts (collectively, the “Agreement”): (1) a Funding
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`Agreement dated January 16, 2017 (the “Funding Agreement”)(Exhibit A); and (2) a promissory
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`note personally guaranteed by Meli (the “Note”)(Exhibit B).
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`37)
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`In the Funding Agreement, Meli and Advance represented to Ballybeg that:
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`Meli has an opportunity to purchase tickets in bulk to an upcoming
`(but as of yet unannounced) tour of Metallica in the United States
`currently anticipated to take place in up to 25 North American
`cities between May and October of 2017 as set forth in greater
`detail below (the “Tour”), such tickets to the Tour referred to
`herein as the “Tickets”;
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`Upon receipt of the Funds, Meli hereby agrees to use the Funds
`exclusively to purchase the Tickets for a price per Ticket that does
`not exceed the face value of the tickets either individually or in the
`aggregate.
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`Pursuant to the Funding Agreement and the Note, on January 25, 2017, Ballybeg
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`and that,
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`38)
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`wired $500,000 to Advance’s Bank of America/Merrill Lynch account in New York, New York.
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`(EXHIBIT C).
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`39)
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`The following day, January 26, 2017, Advance stole and converted Ballybeg’s
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`$500,000 by wiring it to Kid Shelleen without Ballybeg’s knowledge or consent.
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`40) Only two days after execution of the Agreement and payment of Ballybeg’s
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`$500,000 investment, Meli was arrested and indicted, and Ballybeg learned that it, like Meli’s
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`other investors, had been swindled by Meli’s Ponzi scheme. Meli never purchased—nor did he
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`ever intend to purchase—the Metallica or Nassau Coliseum tickets. Ballybeg had fallen victim
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`not only to Meli’s persistent lies and promises, but also to CVC’s endorsement of Meli and his
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`Ponzi scheme.
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`41)
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`Ballybeg has received no return on its investment or evidence that its funds will
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`be returned.
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`42) On March 1, 2019, Ballybeg provided written demand to Kid Shelleen for the
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`return of the $500,000 wrongfully paid to Kid Shelleen by Meli, and that demand was refused by
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`Kid Shelleen.
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`43)
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`Two similar and related actions have been filed and consolidated previously and
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`are currently pending in this Court: TGT, LLC v. Advance Entertainment LLC, et al., (Index no.
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`650633/2017); and Vincent V. Hodes Family Irrevocable Trust v. Advance Entertainment LLC,
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`et al., (Index no. 151712/2017) (collectively, the “Related Actions”). These Related Actions
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`involve different victims but arise from the same or similar events and make similar allegations
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`against Meli and Advance as does the instant action.
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`44)
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` On April 5, 2018, following oral arguments heard on November 28, 2017, the
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`Honorable Andrea Masley of the Supreme Court of the State of New York, County of New
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`York, issued an order in the Related Actions (the “April 5 Order”) denying in part defendants’
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`motions to dismiss and upholding the plaintiffs’ claims for fraud, aiding and abetting fraud, and
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`breach of contract. See, Order dated April 5, 2018, TGT, LLC v. Advance Entertainment LLC, et
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`al., (Index No. 650633/2017, Dkt. #126).
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`45) Additionally, the April 5 Order held that “[t]he Proposal for the CVC transaction
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`contemplated reorganizing DTI with ‘ongoing execution’ of Advance deals devised by Meli,
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`which further ‘baited’ [plaintiff] and other investors into placing funds into Advance’s ticket
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`schemes,” and that “the allegations in both [Related Actions] are sufficient to infer general
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`knowledge and substantial assistance in a manner beyond just performing routine business
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`services.” Id. at p. 13.
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`FIRST CAUSE OF ACTION
`Fraud against Defendants Advance and Meli
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`Ballybeg incorporates by reference the averments contained in the preceding
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`46)
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`paragraphs above, as if set forth fully herein.
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`47) Defendants Meli and Advance committed fraud against Ballybeg by falsely
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`representing the investment opportunities in the Metallica tour and Nassau Coliseum events. In
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`fact, Meli and Advance did not have options or agreements in place to purchase tickets for those
`
`events and did not use Ballybeg’s investment to purchase tickets as promised under the
`
`Agreement. Instead, they used Ballybeg’s investment for their own benefit.
`
`48) Additionally, Meli and Advance falsely represented to Ballybeg that Meli was
`
`acting on behalf of DTI and that DTI had approved and authorized the proposed investments in
`
`the Metallica and Nassau Coliseum tickets.
`
`49) Meli and Advance knew the falsity of their material representations and of the
`
`documents presented to obtain Ballybeg’s investment.
`
`50) Meli and Advance knew
`
`that Ballybeg was relying on
`
`the material
`
`misrepresentations and documents presented to them by Meli and Advance when deciding to
`
`invest $500,000 under the Agreement.
`
`51) Had defendants Meli and Advance not made the false representations set forth
`
`herein, Ballybeg would not have entered into the Agreement and would not have made its
`
`investment.
`
`52) As a direct and proximate result of the fraud committed by Advance and Meli,
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`plaintiff Ballybeg has suffered and/or incurred economic damages in the amount of $500,000.
`
`
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`12
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`12 of 16
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`FILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
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`NYSCEF DOC. NO. 32NYSCEF DOC. NO. 75
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`INDEX NO. 655482/2018INDEX NO. 654948/2018
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`
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`RECEIVED NYSCEF: 03/12/2019RECEIVED NYSCEF: 03/12/2019
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`53) Defendants acted at all times in furtherance of their Ponzi scheme willfully,
`
`wantonly, and maliciously, and their conduct against Ballybeg does not appear to be their first
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`fraudulent scheme of this type. Advance and Meli will continue to engage in such conduct until
`
`they are deterred in the form of the most severe civil and criminal remedies available.
`
`54)
`
`By reason of the foregoing, Ballybeg requests that the Court award punitive
`
`damages against Advance and Meli in an amount to be determined at trial but believed to be in
`
`excess of $4.5 million.
`
`SECOND CAUSE OF ACTION
`Conversion against All Defendants
`
`Ballybeg incorporates by reference the averments contained in the preceding
`
`55)
`
`paragraphs above, as if set forth fully herein.
`
`56) Defendants Advance and Meli have taken the $500,000 invested by Ballybeg
`
`through the Agreement and converted it for their own benefit and use rather than the use
`
`contracted for.
`
`57) Additionally, Ballybeg’s right to possession of the invested funds is indisputable
`
`as the funds paid by Ballybeg to Advance and Meli are clearly traceable through bank records to
`
`wired funds Advance sent to Kid Shelleen on January 26, 2017, just one day after Ballybeg’s
`
`payment. By receiving and retaining those funds, Kid Shelleen converted those funds to its own
`
`use and benefit.
`
`58)
`
`Ballybeg has demanded that Kid Shelleen return the funds wrongfully paid to it
`
`by Meli, and Kid Shelleen has refused to comply with that demand.
`
`59)
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`The conversion of Ballybeg’s investment by Advance, Meli, and Kid Shelleen
`
`was carried out by means of intentionally wrongful fraudulent misrepresentations.
`
`
`
`13
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`13 of 16
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`FILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
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`NYSCEF DOC. NO. 32NYSCEF DOC. NO. 75
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`INDEX NO. 655482/2018INDEX NO. 654948/2018
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`RECEIVED NYSCEF: 03/12/2019RECEIVED NYSCEF: 03/12/2019
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`60) As a direct and proximate cause of the conversion committed by Advance, Meli,
`
`and Kid Shelleen, Ballybeg has suffered and/or incurred economic damages in the amount of
`
`$500,000.
`
`THIRD CAUSE OF ACTION
`Unjust Enrichment against All Defendants
`
`61) Ballybeg incorporates by reference the averments contained in the preceding
`
`paragraphs above, as if set forth fully herein.
`
`62) By reason of the wrongful taking of Ballybeg’s $500,000, Defendants Meli and
`
`Advance have been unjustly enriched at Ballybeg’s expense in that they have directly received
`
`money from Ballybeg as the result of fraud and otherwise unlawful conduct and that, in equity
`
`and good conscience, they should not be permitted to keep.
`
`63) Despite Ballybeg’s written demand that Kid Shelleen return the funds wrongfully
`
`paid to it by Meli and Advance, Kid Shelleen has refused to return Ballybeg’s $500,000.
`
`64) By reason of the wrongful retention of Ballybeg’s stolen money, which was paid
`
`by Meli and Advance to defendant Kid Shelleen and to which Kid Shelleen was not entitled, Kid
`
`Shelleen has been unjustly enriched at the expense of Ballybeg.
`
`65)
`
`It would be inequitable to permit defendant Kid Shelleen to retain the benefit of
`
`Ballybeg’s funds, and equity and good conscience require restitution of those funds to Ballybeg
`
`that were wrongfully paid to Kid Shelleen as part of the fraudulent scheme orchestrated by
`
`Advance and Meli.
`
`66) By reason of the foregoing, Ballybeg has sustained compensatory damages and
`
`has been damaged by Meli, Advance, and Kid Shelleen in an amount equal to or greater than
`
`$500,000.
`
`
`
`14
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`14 of 16
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`FILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
`FILED: NEW YORK COUNTY CLERK 031E2019 06:12 P
`NYSCEF DOC. NO. 32
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`NYSCEF DOC. NO. 32NYSCEF DOC. NO. 75
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`INDEX NO. 655482/2018INDEX NO. 654948/2018
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`INDEX NO- “5988/2018
`RECEIVED NYSCEF: 03/12/2019
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`RECEIVED NYSCEF: 03/12/2019RECEIVED NYSCEF: 03/12/2019
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`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff Ballybeg requests that this Court enter judgment against the
`
`Defendants, jointly and severally, as follows:
`
`(i)
`
`For compensatory damages in the amount of $500,000 against all Defendants;
`
`(ii)
`
`For all of Ballybeg’s attorneys’ fees incurred in bringing this action against
`Defendants Advance and Meli;
`
`(iii) For Ballybeg’s costs and disbursements incurred herein;
`
`(iv) For pre-judgment interest running from the date of Ballybeg’s initial investment;
`
`(v)
`
`For punitive damages against Defendants Advance and Meli in the amount of
`
`$4,5000,000; and
`
`(vi) For such further and additional relief as the Court deems just and equitable.
`
`Dated: March 12, 2018
`New York, New York
`
`Respectfully submitted,
`
`ENGEL THORNBURGH & MCCARNEY LLP
`
`ML (2
`
`Thomas E. Engel
`152 West 57th Street
`16th Floor
`
`New York, New York 10019
`Telephone: (212) 546-6215
`Facsimile:
`(646) 514-6798
`tengel@etmlegal.com
`
`15
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`15 of 16
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`FILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
`FILED: NEW YORK COUNTY CLERK 031E2019 06:12 P
`NYSCEF DOC. NO. 32
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`NYSCEF DOC. NO. 32NYSCEF DOC. NO. 75
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`INDEX NO. 655482/2018INDEX NO. 654948/2018
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`INDEX NO- 655988/2018
`RECEIVED NYSCEF: 03/12/2019
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`RECEIVED NYSCEF: 03/12/2019RECEIVED NYSCEF: 03/12/2019
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`VERIFICATION
`
`I, JEREMIAH HARRIS, of full age, verify as follows:
`
`I am the managing member of Plaintiff Ballybeg Entertainment LLC, and I am familiar
`
`with the facts as set forth in the within First Amended Complaint. I have read the First Amended
`
`Complaint and certify that the allegations contained in the First Amended Complaint are true
`
`except where made upon information belief, which allegations I believe to be true.
`
`I certify
`
`under penalty of perjury that the foregoing statements are true and that if any statement herein is
`
`willfully false, I am subject to punishment.
`
`
`
`SUSAN EISNER
`
`l
`
`'
`Notary Public. State of New York
`name In
`or; an
`=
`o 1-P‘d’=“2§'5§é§“‘%53
`w
`Commission EXDIFBS Saplmj
`
`ou
`
`Sworn to and subscribed before me
`
`this
`
`: l‘ll‘day of March, 2019.
`
`- A,
`
`NOTARY PUBLIC
`
`l
`1’
`
`l6
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`16 of 16
`16 of 16
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`

`

`
`FILED: NEW YORK COUNTY CLERK 03/12/2019 04:16 PMFILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
`FILED: NEW YORK COUNTY CLERK 031E2019 05:12 P I
`NYSCEF DOC. NO. 35
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`NYSCEF DOC. NO. 33NYSCEF DOC. NO. 75
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`INDEX NO. 655482/2018INDEX NO. 654948/2018
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`INDEX NO- 655938/2018
`RECEIVED NYSCEF: 03/12/2019
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`RECEIVED NYSCEF: 03/12/2019RECEIVED NYSCEF: 03/12/2019
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`
`
`
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`

`
`FILED: NEW YORK COUNTY CLERK 03/12/2019 04:16 PMFILED: NEW YORK COUNTY CLERK 03/12/2019 06:12 PM
`FILED: NEW YORK COUNTY CLERK 03'A-E2019 06:13 P
`NYSCI
`3F DOC. NO. 33
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`NYSCEF DOC. NO. 33NYSCEF DOC. NO. 75
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`INDEX NO. 655482/2018INDEX NO. 654948/2018
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`INDEX NO- '655988/2018 ,
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`
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`
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`R«.c«.rv«.n \IYSCEF: 03/12/2019 ‘
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`RECEIVED NYSCEF: 03/12/2019RECEIVED NYSCEF: 03/12/2019
`
`FUNDING AGREEMENT
`
`This FUNDING AGREEMENT, dated as of Jan 16th, 2016 (the “Agreement”) is
`made by and among Ballybeg Entertainment LLC(“Investor”), Advance Entertainment LLC, a
`Delaware limited liability company and Joseph Meli (“Meli”) with an address of 95 Horatio
`Street, Suite 614, New York, New York, 10014.
`
`WITNESSETH:
`
`WHEREAS, Meli is in the business of purchasing and reselling concert and other
`theatrical tickets and is currently in discussions with representatives of Ride The Lightening,
`LLC (“RTL”), an entity through which the band popularly known as the “Metallica” has and
`does currently conduct business, including arranging concert tours; and
`
`WHEREAS, Meli has an opportunity to purchase tickets in bulk to an upcoming
`(but as yet unannounced) tour of Metallica in the United States currently anticipated to take place
`in up to 25 North American cities between May and October of 2017 as set forth in greater detail
`below (the ‘‘Tour”), such tickets to the Tour referred to herein as the “Tickets”;
`
`WHEREAS, Investor desires to advance to Meli the sum of $300,000 (three
`hundred thousand dollars) to fund the purchase of the Tickets by Meli in exchange for a sharing
`of