Articles Posted in Lax & Neville

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On July 26, 2024, the Federal District Court in Charlotte, NC, granted Plaintiffs’ motion for conditional certification of a Fair Labor Standards Act (“FLSA”) collective of Bank of America (“BOA”) loan officers, which allows them to pursue their unpaid overtime claims against BOA on a collective basis.  The Court also authorized Plaintiffs to send a Notice to all the loan officers who are part of the FLSA collective informing them of the lawsuit and their right to join the lawsuit.  The Court’s Order can be viewed here.

Lax & Neville files FLSA overtime collective and class action against Bank of America on behalf of Loan Officers

Lax & Neville LLP has filed a federal lawsuit in the Western District of North Carolina against Bank of America Corporation and Bank of America N.A. (“BOA”) on behalf of loan or mortgage officers who worked in locations across the country.   The action for unpaid overtime and minimum wage is brought under the Fair Labor Standards Act (“FLSA”) and state labor statutes and seeks certification of an FLSA collective and class action.  On February 29, 2024, Plaintiffs filed an Amended Complaint adding additional state law claims.  The Amended Complaint can be viewed here.

 

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On April 22, 2015, the Securities and Exchange Commission (“SEC”) filed a Complaint in the District Court for the United States Southern District of Indiana, Indianapolis Division (the “Complaint”), against Veros Partners, Inc., Matthew D. Habb, Jeffery B. Risinger, Veros Farm Loan Holding LLC, Tobin J. Senefeld, FarmGrowCap LLC, and PinCap LLC alleging that Veros Partners, Inc. and Mr. Habb, its president, propagated and executed a Ponzi scheme and “fraudulently raised at least $15 million from at least 80 investors … mostly from Veros’ own clients, in two separate farm loan offerings.”

The Complaint states that SEC seeks “to enjoin Defendants from raising additional investor funds, to prevent them from ensnaring more victims in their scheme, and to prevent the further dissipation of investor assets.” The SEC also seeks “the disgorgement of Defendants’ ill-gotten gains, as well as prejudgment interest and significant civil penalties.”

The Ponzi-scheme offerings took place from 2013 to 2014, when investors purchased securities issued by Veros Farm Loan Holding LLC and FarmGrowCap LLC, two companies run by Matthew D. Habb, Jeffrey B. Risinger and Tobin J. Senefeld.  Investors were told that their funds would be used “to make short-term operating loans to farmers for the 2013 and 2014 growing seasons.”  Although some funds were used for the stated purpose, most was used to cover the unpaid debt of the farms, and $7 million was used to pay investors in other, unrelated offerings.  Further, over $800,000 went directly to Matthew D. Habb, Jeffrey B. Risinger and Tobin J. Senefeld for “success” and “interest rate spread” fees.

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