Maloney: Justice has been done

by MARIA BRADSHAW

mariabradshaw@nationnews.com

PROMINENT BUSINESSMAN Mark Maloney has won a default judgement of US$4.2 million in the four-year-long case in which his company, Radical Investments Ltd. was defrauded of US$6.2 million, while trying to purchase one million COVID-19 vaccines for the Barbados Government.

Last Friday, United States District Judge Monica Almadani, sitting in the United States District Court Central District of California, entered a default judgement against defendant Alex Moore and his company, Good Vibrations Entertainment, awarding Maloney the exact amount of money which he gave Moore to purchase the vaccines.

However, the judge denied, without prejudice, a default judgement against defendants Moniladae Coley and her company, Prestige Pegasus, who received US$2 million, because she has never been served.

Justice

Maloney has been granted a further extension to locate her.

When contacted yesterday, Maloney, who filed the case in 2021, told the MIDWEEK NATION:

“Unfortunately, I can’t say anything at this time other than that justice has been done and we will pursue all avenues to collect what is owed to us.”

He previously received an undisclosed settlement from the attorney who represented Moore during the failed transaction.

It was during the COVID-19 pandemic that Maloney was introduced to Moore to purchase Astrazeneca vaccines for Barbados.

The judge in her ruling noted: “This case stems from an agreement to purchase and deliver COVID-19 vaccines on behalf of the Government of Barbados. On April 16, 2021, Plaintiff Radical Investments Ltd.’s contracted with Defendant, Good Vibrations Entertainment, LLC (“GVE”) for the purchase and delivery of one million COVID-19 vaccines. The Contract stated that Radical Investments would pay GVE $12.2 million for the vaccines, with $10.2 million due upon signing and the remaining $2 million to be paid as commission to GVE.

“On April 26, 2021, defendant Moore informed Plaintiff that the funds could not be sent directly to the vaccine provider. Instead, Moore told Plaintiff that the payment would need to go through an authorised supplier: Defendant Prestige Pegasus. On April 27, 2021, Plaintiff executed an amended irrevocable pay order for funds to be sent to Prestige. Between April 27, 2021, and May 3, 2021, the escrow agent released a total of $4.2 million to GVE and $2 million to Prestige.”

The judge noted that bank records proved that Moore spent the money on luxury vehicles, gentlemen’s clubs, nightclubs and on financing the lifestyles of multiple exotic dancers. She added that Moore testified that he gave away about $2 million to friends and family.

Sham businesses

She stated: “Similarly, Plaintiff alleges that Coley transferred over $1 million of the contracted-for money to her personal bank account. Plaintiff alleges that Coley then spent this money on designer merchandise, electronics, lavish restaurants, and private jet flights. Plaintiff further alleges that both GVE and Prestige are sham businesses that exist for the sole purpose of allowing Moore and Coley to commit fraud.”

In considering whether Radical Investments would suffer prejudice if default judgement was not entered, the court noted that the plaintiff had proved its case.

“The Court finds that Plaintiff will be without other recourse for recovery absent default judgment,” the judge said, adding “Plaintiff has already litigated this case for years to obtain relief … under the totality of the circumstances, the Court finds that Plaintiff is likely to suffer continued prejudice if default judgment is not entered.”

On Moore, who missed several court dates and did not respond to the motions, the court said: “This type of neglect is inexcusable—the Moore Defendants are making willful decisions and must make peace with the consequences of their actions. “

Regarding Coley, who went by the name Billionaire Babe on social media and who often posted her new found wealth including, a rolls Royce and diamonds, she has not been active since 2023 and all the mail served in this matter were returned.

The court noted: “Plaintiff admits it was unable to serve the Coley Defendants with the Second Amended Complaint (SAC). Under Federal Rule of Civil Procedure 5, an amended complaint need not be served on defendants whose default has been entered for failure to respond to the original complaint unless the amendment asserts new or additional claims for relief against those defendants. . .; “Here, Radical Investments asserts new claims against the Coley Defendants in its SAC … Accordingly, the Court finds that Plaintiff has opened the default, making renewed service necessary. Because it is undisputed that Plaintiff has not served the Coley Defendants its amended complaint, the Court may not enter judgment against these defendants.”

Final judgement

The judge ruled: “The Court therefore denies the Motion for Default Judgment against the Coley Defendants without prejudice. . . . The Court understands Plaintiff may be frustrated that the first motion for default judgment against the Coley Defendants was denied by the Florida Court so that one final judgment could be issued against all Defendants, only to have this Court then find that the Coley Defendants were not served with the operative complaint and enter default judgment against all other defendants.

“Here, Plaintiff has already spent significant time, effort, and expense litigating this action. For the reasons explained throughout this Order, the Court therefore finds that there would be no just reason to delay the entry of default. If Radical Investments intends to continue pursuing a judgment against the Coley Defendants, it is instructed to submit further briefing within ten days of this Order, explaining whether these Defendants can still be properly served or whether a new action against them would need to be filed,” failure to file this supplemental brief or otherwise inform this Court of how Plaintiff intends to proceed by the stated deadline shall result in dismissal of the Coley Defendants.

“Plaintiff’s Motion for Default Judgment is granted as to the Moore Defendants and denied without prejudice as to the Coley Defendants.”