File - Redeem Rivky

Transcription

File - Redeem Rivky

Case 1:13-cv-06795-BMC-JO Document 27 Filed 02/28/14 Page 1 of 53 PageID #: 136
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK
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RIVKA STEIN,
Plaintiff,
Case No. 13-CV-6795 (BMC) (JO)
-againstWORLD-WIDE PLUMBING SUPPLY INC.,
MOSHE WEISS (alk/a MOSES WEISS, alk/a
MOSHE WEISZ), YOEL WEISS (a/k/a JOEL
WEISS, a!k/a DAVID WEISS, a/k/a DAVID
STERN, a/kla JOE WEISS, a/kla WIZTEL USA,
INC.), PEARL WEISS, CHAIM LEFKOWITZ,
SURI LEFKOWITZ (a/k/a SARAH WEISS
LEFKOWITZ), GEDALIA DANIEL KATZ (a/kla
DANIEL KATZ), BARUCH WEISS, SIRKI
EHRMAN (a/kla SIRKY EHRMAN, a/k/a SIRKA
WEISS EHRMAN), RUCHIE WEISS (a/k/a
RACHEL GOLDA WEISS), ABRAHAM
BERGER (a/kla ABE BERGER),
BURTOLUCCI'S RISTORANTE, LLC,
BERTOLUCCI'S CATERING CORP., AND
JOHN DOE NOS. 1-5,
Defendants.
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FIRST AMENDED COMPLAINT AND JURY DEMAND
PlaintiffRivka Stein ("Plaintiff'), by and through her attorneys, Mishcon de Reya New
York LLP, as and for her complaint against World-Wide Plumbing Supply Inc. ("World-Wide
Plumbing"), Moshe Weiss (a/kla Moses Weiss, a/k/a Moshe Weisz) ("Moshe Weiss"), Yoel
Weiss (a/kla Joel Weiss, a!k/a David Weiss, a/kla David Stem, a/k/a Joe Weiss, a/kla Wiztel
USA, Inc.) ("Yoel Weiss"), Pearl Weiss, Chaim Lefkowitz, Suri Lefkowitz (a/k/a Sarah Weiss
Lefkowitz) ("Suri Lefkowitz"), Gedalia Daniel Katz (a/k/a Daniel Katz) ("Gedalia Daniel
Katz"), Baruch Weiss, Sirki Ehrman (a/k/a Sirky Ehrman, a/k/a Sirka Weiss Ehrman) ("Sirki
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Ehrman"), Ruchie Weiss (a/k:/a Rachel Golda Weiss) ("Ruchie Weiss"), Abraham Berger (a/k:/a
Abe Berger) ("Abraham Berger"), Burtolucci's Ristorante, LLC, Burtolucci's Catering Corp.
(collectively with Burtolucci's Ristorante LLC, "Burtolucci's"), and John Doe Nos. 1-5
(collectively, "Defendants"), alleges as follows:
1.
This is a civil action arising under the laws of the United States and the State of
New York, alleging claims for violation of (i) 18 U.S.C. 1962(c) and (d) ("RICO"), (ii) Peonage
in violation of 18 U.S.C. § 1581, (iii) Enticement Into Slavery in violation of 18 U.S.C. § 1583,
(iv) Forced Labor in violation of 18 U.S.C. § 1589, (v) Benefitting Financially from Peonage,
Slavery, and Trafficking in Persons in violation of 18 U.S.C. § 1593A, (vi) Attempted Violation
of Prohibitions on Peonage, Enticement into Slavery, and Forced Labor in violation of 18 U.S.C.
§ 1594(a), (vii) Conspiracy to Violate Prohibitions on Peonage, Enticement into Slavery, Forced
Labor in violation of 18 U.S.C. § 1594(b), (viii) violations of N.Y. City Code§ 10-403, (ix)
Sexual Menacing and Battery (Rape), (x) violations of New York Labor Law § 652, (xi)
violations of 12 NYCRR § 142-2.2, and (xii) conversion.
2.
The claims alleged herein arise in connection with Defendants' scheme to obtain
forced labor from and control over Plaintiff in furtherance of their unlawful goals and purposes.
As alleged herein, Defendants engaged in a concerted, repeated pattern of behavior including
peonage, enticement into slavery, and forced labor. Defendants additionally subjected Plaintiff
to rape, false imprisonment, physical and verbal abuse, threats of physical harm, threats of
commitment to mental institutions, threats relating to Plaintiff's children, and other actions
intended to obtain forced labor from and control over Plaintiff.
3.
As alleged herein, Defendants' subjugation of Plaintiff enabled them to obtain
forced labor from and control over Plaintiff for their illicit criminal enterprises, including at
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companies, upon information and belief, used to launder monies from the proceeds of criminal
acti viti es.
4.
Plaintiff seeks monetary and equitable relief, and all other appropriate remedies to
which she is entitled under United States and New York law.
PARTIES
5.
PlaintiffRivka Stein was and is a citizen of the State ofNew York, and resides in
Brooklyn, New York.
6.
Upon information and belief, defendant World-Wide Plumbing Supply, Inc. is a
company organized and incorporated under the laws of the State ofNew York, with its principal
place ofbusiness located at 4002 15th Avenue, Brooklyn, New York. Upon information and
belief, defendants Chaim Lefkowitz and/or Suri Lefkowitz are the principal owners and
operators ofWorld-Wide Plumbing Supply, Inc.
7.
Upon information and belief, defendant Chaim Lefkowitz was and is a citizen of
the State ofNew York, residing at 1745 56th Street, Brooklyn, New York 11219. Upon
information and belief, defendant Chaim Lefkowitz is the husband of defendant Suri Lefkowitz,
and uncle of defendant Yoel Weiss.
8.
Upon information and belief, defendant Suri Lefkowitz, was and is a citizen of the
State ofNew York, residing at 1745 56th Street, Brooklyn, New York 11219. Upon information
and belief, defendant Suri Lefkowitz is the wife of defendant Chaim Lefkowitz, sister-in-law of
defendant Pearl Weiss, and aunt of defendant Yoel Weiss.
9.
Upon information and belief, defendant Moshe Weiss was and is a citizen of the
State ofNew York, residing at 1234 47th Street, Brooklyn, New York 11219. Upon information
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and belief, defendant Moshe Weiss is the husband of defendant Pearl Weiss and father of
defendant Yoel Weiss.
10.
Upon information and belief, defendant Pearl Weiss was and is a citizen of the
State of New York, residing at 1234 47th Street, Brooklyn, New York 11219. Upon information
and belief, defendant Pearl Weiss is the wife of defendant Moshe Weiss and mother of defendant
Yoel Weiss.
11.
Upon information and belief, defendant Ruchie Weiss was and is a citizen of the
State of New York, residing at 1234 47th Street, Brooklyn, New York 11219. Upon information
and belief, defendant Ruchie Weiss is the daughter of defendants Moshe and Pearl Weiss, and
the sister of defendant Y oel Weiss.
12.
Upon information and belief, defendant Yoel Weiss was and is a citizen of the
State of New York, residing at 1234 47th Street, Brooklyn, New York 11219. Upon
information and belief, defendant Yoel Weiss is the son of defendants Moshe and Pearl Weiss.
Upon information and belief, at all times after WIZTEL USA, Inc.'s corporate dissolution,
defendant Yoel Weiss routinely used and continues to use the trade name "WIZTEL USA, Inc."
Prior to its dissolution on or about October 26, 2011, WIZTEL USA, Inc. was a company
organized and incorporated under the laws of the State of New York, with its principle place of
business at 471111th Avenue, Brooklyn, New York, 11219.
13.
Upon information and belief, defendant Gedalia Daniel Katz was and is a citizen
of the State of New York, residing at 1149 East 15th Street, Brooklyn, New York 11230.
14.
Upon information and belief, defendant Abraham Berger was and is a citizen of
the State of New York.
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15.
Upon information and belief, defendant Sirky Ehrman was and is a citizen of the
State oflllinois, residing at 6132 N. Drake Ave., Chicago, Illinois 60659. Upon information and
belief, defendant Sirky Ehrman is the daughter of defendants Moshe and Pearl Weiss, and the
brother of defendant Yoel Weiss.
16.
Upon information and belief, defendant Baruch Weiss was and is a United States
citizen and a resident of Canada, residing at 3705 Bathurst Street, North York, Ontario M6A2E8,
Canada.
17.
Upon information and belief, defendant Burtolucci's Ristorante, LLC is a
company organized and incorporated under the laws of the State ofNew York, with its principal
place ofbusiness located at 4413 13th Avenue, Brooklyn, New York 11219.
18.
Upon information and belief, defendant Burtolucci's Catering Corp. is a company
organized and incorporated under the laws ofthe State ofNew York, with its principal place of
business at 1621 East 27th Street, Brooklyn, New York 11229.
19.
Upon information and belief, defendants John Doe Nos. 1-5 are individual co-
conspirators whose real names are currently unknown to Plaintiff, and, at all relevant times
herein, were and are citizens and residents of the State ofNew York.
JURISDICTION AND VENUE
20.
Jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1331, because this is a
civil action arising under the laws of the United States. This Court has supplemental jurisdiction
pursuant to 28 U.S.C. § 1367 with respect to Plaintiffs claims arising under the laws of the State
ofNewYork.
21.
Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b) and 18
U.S.C. § 1965 in that a substantial part of the events giving rise to Plaintiffs claims occurred in
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Kings County, New York, and because many of the Defendants reside, can be found and/or
conduct their affairs in this Judicial District.
FACTUAL ALLEGATIONS
22.
In 2008, Plaintiff Rivka Stein was an 18-year-old nai:ve and emotionally
vulnerable child of a broken home, having spent many years of her childhood in an orphanage
and under the care of foster parents.
23.
In July 2008, Plaintiff was induced to enter into a religious union with defendant
Yoel Weiss relying upon a promise that they would be civilly and lawfully married shortly
thereafter. Despite said representations and promises, defendant Yoel Weiss and Plaintiff were
never civilly married. Upon information and belief, defendant Yoel Weiss never had any
intention of entering into a civil marriage with Plaintiff because of the risk of divorce
proceedings and potential for Plaintiff's subsequent disclosure of his and his family's criminal
and illicit activities if he were to then lose control over her.
24.
Rather, upon information and belief, the religious union was simply the first step
in a scheme to obtain forced labor from and control over Plaintiff for the benefit of Defendants'
various criminal and illicit activities described below. Upon information and belief, Defendants
conspired to and did carry out their scheme by mentally and physically abusing Plaintiff in order
to coerce, induce, and/or force her to work against her will without compensation. Moreover,
upon information and belief, Defendants desired to have physical and emotional control over
Plaintiff so they could use her physical presence to influence and/or control the activities of other
individuals used by them to work in connection with Defendants' criminal and illicit activities.
Upon information and belief, it was also part of Defendants' scheme to use any salary Plaintiff
did earn to pay the expenses of their criminal and illicit activities.
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A.
Physical And Emotional Subjugation of Plaintiff
25.
The abuse inflicted upon Plaintiff began shortly after the religious union, in or
about July 2008. In or about that time, defendants Yoel Weiss, Moshe Weiss, Pearl Weiss,
Ruchie Weiss, and Suri Lefkowitz commenced an unrestrained campaign of abuse and
harassment of Plaintiff, including repeated rapes, beatings, torture, threats of the same, forced
servitude, peonage, and-- subsequent to that time-- threats against Plaintiffs children. In
addition to the forgoing, and with the intent to deceive, confuse and further physically and
emotionally control and subjugate Plaintiff, defendants Yoel Weiss, Moshe Weiss, Pearl Weiss
and Suri Lefkowitz repeatedly threatened Plaintiff with involuntary hospitalization and
commitment to a psychiatric ward.
26.
Upon information and belief, as part of the scheme to control Plaintiff and prevent
her from escaping, shortly after the religious union in July 2008, defendant Yoel Weiss
confiscated $8,500.00 in cash from Plaintiff.
27.
Defendants' scheme to obtain control over Plaintiff also included forced physical
confinement of Plaintiff. Throughout the approximately four years Plaintiff was subject to
Defendants' control, she was falsely imprisoned, denied independent access to telephones, and
closely monitored, chaperoned and supervised.
28.
For example, soon after the religious union, premised on feigned concern for the
personal safety ofPlaintiff, defendants Yoel Weiss, Chaim Lefkowitz, Suri Lefkowitz, Moshe
Weiss, Ruchie Weiss, Pearl Weiss, and Sirky Ehrman conspired to and did falsely imprison
Plaintiff, placing her under a continuous state of confinement and surveillance, and prevented her
from communicating with non-family members, including law enforcement personnel.
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29.
For a period of approximately five (5) months following the religious union,
defendant Yoel Weiss prohibited and prevented Plaintiff from having any communication
whatsoever with her foster family, brothers, and friends. Plaintiff was seldom permitted to have
access to a phone. During the certain times that it was permitted, Plaintiffs phone calls and/or
text communications were monitored by defendants Yoel Weiss, Moshe Weiss, and/or Pearl
Weiss.
30.
Plaintiffwas also continuously advised and reminded by defendants Yoel Weiss,
Moshe Weiss, Pearl Weiss and Suri Lefkowitz that the interiors and exteriors of the residences
where Plaintiffwas kept, first at 1621 East 27th Street, Brooklyn, New York, and later at 1234
47th Street, Brooklyn, New York, were wired with audio and video surveillance, and all
locations therein recorded by defendant Yoel Weiss. Plaintiff was not permitted to leave the
residences without the permission of defendant Yoel Weiss or one of the other Defendants, and
was threatened with bodily harm should she do so. On those occasions when Plaintiff was
permitted to leave the residences, she was forcibly accompanied by one of the aforesaid
defendants.
31.
An example of said defendants' forced confinement of Plaintiff occurred in or
about mid-March 2011, when Plaintiff and her two young children were brought to the home
shared by defendants Moshe Weiss, Pearl Weiss, Ruchie Weiss, and Sirky Ehrman located at
1234 47th Street, Brooklyn, New York ("Weiss House").
32.
At the Weiss House, Plaintiff and her children were confined to a one room area
adjacent to a small kitchen that was entirely devoid of food. Plaintiff's coat and the children's
outwear were removed from Plaintiffs possession to prevent their escape from the Weiss House.
Plaintiff was given no money, and no access to a telephone, and told by defendants Yoel, Ruchie,
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Moshe and Pearl Weiss and Sirky Ehrman that the house was monitored with surveillance
cameras and that Plaintiffs movements were being watched and recorded on camera. These four
defendants warned Plaintiff that if they caught her attempting to escape, or even attempting to
leave her designated area, they would have her committed to a psychiatric ward and her children
would be taken away from her.
33.
During the approximately eight months that Plaintiff was confined to the small
area at the Weiss House there were only approximately three occasions that defendant Yoel
Weiss granted permission for Plaintiff to leave the premises for the purpose of shopping for the
children. However, Plaintiff was never able to take her children with her, and defendant Yoel
Weiss had to know exactly where Plaintiff was going, what she was buying, and he required that
she would return to the Weiss House within a designated short time. The threatened punishment
for failure to comply was physical and emotional abuse. On any occasion when defendant Yoel
Weiss found Plaintiff had failed to comply with his instructions, he carried out his threats
viciously and ruthlessly.
34.
During this time Plaintiff was routinely beaten and repeatedly raped by defendant
Yoel Weiss. Also during this time, defendants Moshe Weiss and Pearl Weiss would
intentionally humiliate Plaintiff by often walking into her room unannounced, sometimes
multiple times during the day, without her consent. Plaintiff was often nursing and the so-called
spot checks by defendants, particularly by defendant Moshe Weiss-- who enjoyed parading
around in his underwear -- made her very uncomfortable.
35.
Defendants Moshe Weiss, Pearl Weiss and Yoel Weiss would also take steps to
make Plaintiff feel guilt by purporting that defendant Yoel Weiss -- out of his purported deep
love and great concern for Plaintiff-- gave up his residence (which he also used as a warehouse)
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at 1621 East 27th Street in Brooklyn because Plaintiffhad complained that she did not want to
live there. As a result, these defendants claimed, defendant Yoel Weiss was forced to spend
thousands of additional dollars out of his own pocket for another warehouse. Defendant Yoel
Weiss blamed Plaintiff for the move, and claimed that she now owed him a debt. Consequently,
from September 2011 through June 2012, defendant Yoel Weiss confiscated Plaintifr s entire
earnings from her part-time employment as an aide at an elementary school.
36.
Plaintiff and her children were intentionally underfed and were denied proper
medical treatment by defendant Yoel Weiss. Defendants Moshe Weiss and/or Pearl Weiss only
delivered food to Plaintiff twice a day. However, the amount of food provided was insufficient
for Plaintiff and her oldest child. When Plaintiff asked defendant Moshe Weiss and Pearl Weiss
for more food, she was told by them on multiple occasions that "it's not my department."
37.
Defendant Suri Lefkowitz would also come to the Weiss House to check on
Plaintiff and humiliate her, persistently warning Plaintiff not to try to leave the premises and
almost always reminding her to 'smile' because she was "on camera."
38.
Defendant Yoel Weiss would habitually return to the premises from "work" late
in the evening, usually when Plaintiff was already asleep. He would often wake Plaintiff and
demand sex with her. When Plaintiff refused, he would rape her. Often these rapes came after a
beating or threats of murder, commitment to a psychiatric ward, or forceful removal ofher
children from her possession with threats that she would never see them again.
39.
As part of the scheme to obtain forced labor from and control over Plaintiff,
defendant Yoel Weiss repeatedly forced Plaintiff to have sex against her will. Over the course of
four years, upon Plaintifr s repeated refusal to consent to his demands for sex, defendant Yoel
Weiss beat and raped Plaintiff, then immediately confined her in a locked room, and deprived
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her of food. In an effort to further control Plaintiff, after physically beating, raping, and/or
administering some other form of harsh treatment, defendant Y oel Weiss would verbally abuse
Plaintiff, claiming that she was acting "abnormal" and telling her that she was completely at fault
for what was happening to her.
40.
As was Defendants' plan and intent, Plaintiff was in great fear of what would
happen should she attempt to escape; she felt demoralized and sub-human; was made to feel
helpless; was falsely made to feel guilty and responsible for her predicament; and strongly
feared that her captives would have her committed to a psychiatric ward in order to take her two
children away from her.
41.
Defendant Y oel Weiss also forced Plaintiff to consent to his applications for
insurance policies he took on her life. Upon information and belief, these life insurance policies
were intended to make Plaintiff see herself as an asset -- rather than a human being -- whose life
could be taken at any moment, further instilling fear in Plaintiff and demoralizing her for the
purpose of obtaining her compliance with Defendants' orders.
42.
Upon information and belief, the policies are for at least one million dollars and
defendant Yoel Weiss is the named beneficiary. Upon information and belief, defendant Y oel
Weiss owns the policies through someone associated with his family (John Doe No. 1) whom he
controls.
43.
Upon information and belief, on at least two occasions during Plaintiffs captivity,
defendant Yoel Weiss acted in a way that placed Plaintiffs life in jeopardy with the intent that
her death would result in a payment from the insurance policies.
44.
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Upon information and belief, the life insurance policies are still in effect.
II
B.
Forced Labor
45.
Upon information and belief, it was Defendants' intent that through their
subjugation of Plaintiff they would be able to obtain forced labor from as well as control over
her.
46.
Initially, Plaintiff was forced to work against her will at the location housing the
illicit family stolen goods operation.
47.
From July 2008 to in or about December 2010, Plaintiff resided with defendant
Yoel Weiss at 1621 East 27th Street, Brooklyn, New York ("Residence/Warehouse"). From
2008 through in or about January 2011 the Residence/Warehouse was used as a twenty-four hour
per day commercial warehouse for the distribution and/or resale of stolen goods -- in common
parlance, a "fencing" operation. Upon information and belief, prior to this time the illegal
activity was operated in a different location. However, as described below, because Plaintiff was
to be a forced monitor of the fencing operation's workers, and in order to keep Plaintiff confined,
it was more convenient for Defendants to operate out of the residence on East 27th Street.
48.
Upon information and belief, Defendants Chaim Lefkowitz and Suri Lefkowitz
were the acting principle owners of the illegal fencing operation. Upon information and belief,
these two defendants acted together with defendant Y oel Weiss in concert with and on behalf of
an unknown third-party (John Doe No. 2). Upon information and belief, these defendants were
and are the principals of the larger criminal enterprise described herein.
49.
Defendants Chaim Lefkowitz and Suri Lefkowitz were also directly and
personally involved in the illegal fencing operation. Both had keys to the Residence/Warehouse
and would arrive at the location unannounced at all hours of the day and/or night to inspect the
merchandise and check on Plaintiff, the operation's workers, and defendant Yoel Weiss.
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50.
Upon information and belief, the persons employed by defendants Yoel Weiss,
Chaim Lefkowitz, and Suri Lefkowitz as part of this illegal operation were illegal immigrants.
These individuals worked either a day shift or a night shift. Defendants Yoel Weiss and/or
Chaim Lefkowitz paid the workers weekly in cash.
51.
Plaintiff was forced by defendants Chaim and Suri Lefkowitz, and defendant Yoel
Weiss, acting in concert with the other Defendants, to act-- by her presence-- as a monitor over
the workers employed at the Residence/Warehouse. Plaintiff was forced to do so for over
sixteen hours per day from July 2008 through June 2012, except for the two months Plaintiff was
confined in Toronto, Canada, as described below. Plaintiff was never paid for any of her forced
labor.
52.
Plaintiffs physical presence was intended by Defendants to discourage their
cohorts from breaking open locked areas in the residence, stealing any illicit goods, and/or
otherwise engaging in improper behavior. Defendants required such monitoring because at
almost all times there was in excess of $200,000 in gold and diamond jewelry stored within the
Residence/Warehouse.
53.
Upon information and belief, the fencing operation involved merchandise which
was stolen from hijacked commercial trailers by members of underworld crime organizations,
including the so-called Polish Mafia. Upon information and belief, such merchandise included
laptop computers, computer parts, air conditioners, flashlights, designer handbags by Louis
Vitton, Estee Lauder and others, name brand mattresses, pharmaceuticals, Hershey's chocolates
and other food products, as well as expensive pearls, gold and diamond jewelry.
54.
Almost every day, truckloads of stolen merchandise were delivered to the
Residence/Warehouse by commercial trailers, vans, or courier services. Once the merchandise
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arrived, upon information and belief, the packaging was changed or relabeled by Defendants'
worker cohorts. Upon information and belief, merchandise that contained expiration dates, such
as pharmaceutical and food products, were placed in new packaging with different expiration
dates. Defendants then caused the merchandise to be shipped out by commercial trailers, vans,
or courier services such as Federal Express and UPS.
55.
Upon information and belief, merchandise came from, and was sent to, locations
both inside and outside the State of New York. At least once, in or about 2009, defendant Yoel
Weiss received a violation from the City of New York after one of the neighbors complained to
the city that the block had been turned into a commercial shipping yard.
56.
The Residence/Warehouse was always overflowing with corrugated boxes loaded
full with illicit merchandise. The kitchen, dining room, and bedrooms were all used for this
commercial storage. When there was not enough room for any more merchandise, defendant
Chaim Lefkowitz would personally instruct a cohort worker named Emanuel and/or defendant
Yoel Weiss to deliver the merchandise to one of his other warehouses, including warehouses
belonging to defendant World-Wide Plumbing.
57.
Similarly, defendant Yoel Weiss would sometimes take the illicit merchandise to
defendant Chaim Lefkowitz at World-Wide Plumbing's offices so that defendant Chaim
Lefkowitz could inspect the merchandise.
58.
Upon information and belief, defendant Yoel Weiss worked closely with
defendant Abraham Berger with respect to the purchasing and selling of stolen jewelry involved
in the illicit fencing operation. Upon information and belief, the jewelry was obtained from an
underworld group that acquired it using stolen credit cards through organized fraudulent
purchases.
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59.
Subsequent to the delivery of illicit merchandise, groups of two or three persons
apparently related to the previous source of the merchandise, would arrive at the
Residence/Warehouse. When these persons arrived they would meet with defendants Yoel
Weiss, Chaim Lefkowitz and/or Suri Lefkowitz (individually or together) to discuss the value
and quality of the merchandise, identify certain markings on merchandise packaging, and/or
describe the contents of closed packaging.
60.
Various buyers would also arrive at the Residence/Warehouse to examine the
merchandise. Defendant Chaim Lefkowitz, sometimes accompanied by defendant Suri
Lefkowitz, would often meet those buyers to show the goods and negotiate sale prices.
61.
Upon information and belief, the buyers paid cash to defendant Chaim Lefkowitz
and/or defendant Yoel Weiss. Additionally, upon information and belief, there were certain
buyers that had arranged to deliver illicit plumbing related material to defendant World-Wide
Plumbing, in lieu of cash payment.
62.
Upon information and belief, certain stolen merchandise shipments were made to
appear as if purchased from overseas with offshore funds, via an overseas agent. In connection
with the fencing operation, those offshore funds were converted back to cash as the proceeds
from the sale of the illicit merchandise.
63.
Upon information and belief, there were always very large amounts of cash
transferred in corrugated boxes and exchanged between defendants Chaim Lefkowitz, Suri
Lefkowitz, and Yoel Weiss. The cash transfers occurred either at the Residence/Warehouse, the
home of defendants Chaim and Suri Lefkowitz, or at the offices of defendant World-Wide
Plumbing.
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64.
For example, in or about September or October 2011, defendant Yoel Weiss
received from defendant Chaim Lefkowitz numerous cash payments in corrugated boxes
totaling, upon information and belief, more than $700,000.00. The boxes of cash were thereafter
brought to the home of defendants Moshe and Pearl Weiss to be recounted for distribution
amongst Defendants.
65.
Upon information and belief, defendant Chaim Lefkowitz distributed large
amounts of cash to each of the Defendants, including defendants Moshe and Pearl Weiss.
66.
Cash and other proceeds of the illicit fencing operation were, upon information
and belief, laundered through a group of individuals and companies, including defendants
World-Wide Plumbing, Chaim Lefkowitz, Suri Lefkowitz, Gedalia Daniel Katz, Sirky Ehrman,
Moshe Weiss, Pearl Weiss, Ruchie Weiss, and others (John Does Nos. 3-5).
67.
For example, upon information and belief, between July 2008 and June 2012,
defendant Yoel Weiss laundered money through bank accounts held in the names of defendants
Gedalia Daniel Katz, Sirky Ehrman, Pearl Weiss, World-Wide Plumbing, and Suri Lefkowitz.
Upon information and belief such laundering continues to the present, and each of Defendants is
aware of and profiting from said money laundering.
68.
Additionally, upon information and belief, defendant Gedalia Daniel Katz enables
defendant Yoel Weiss to make illicit purchases using credit cards held in defendant Gedalia
Daniel Katz's name. Upon information and belief, defendant Gedalia Daniel Katz's role also
involves the maintenance of personal and corporate bank accounts, and personal and corporate
money management accounts, all of which are necessary for payments, wire transfers, and other
financial transactions of the illicit fencing operation.
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69.
Upon information and belief, defendant Sirky Ehrman fulfills a similar role,
providing credit cards in her name for defendant Yoel Weiss's use.
70.
Upon information and belief, the money used to purchase Burtolucci's Ristorante,
LLC came from the proceeds of the illegal fencing operation.
71.
Upon information and belief, Burtolucci's Ristorante LLC and Burtolucci's
Catering Corp. also serve to launder the proceeds Defendants receive from the illegal fencing
operation.
72.
Upon information and belief, Defendants' domination and control of Plaintiff
enabled defendant Yoel Weiss to force Plaintiff to work at Burtolucci' s Ristorante without
compensation, enabling that company to operate so the illicit fencing operation's profits could be
laundered through it.
73.
In or about March 2009 to in or about June 2009, Plaintiff was also forced to
work against her will without compensation at defendant Yoel Weiss's pizzeria, Pizza Express,
located at 1470 39th Street in Brooklyn, New York.
74.
Upon information and belief, the pizzeria was operated, at least in part, to assist in
the laundering of the proceeds from the illicit fencing operation. Defendants' control over
Plaintiff enabled them to force her to work at the pizzeria for the benefit of the illicit fencing
operation.
75.
Defendant Yoel Weiss threatened Plaintiff with bodily harm when she requested
payment for her work at the pizzeria, which she never received.
76.
In or about May 2010, defendant Yoel Weiss purchased Burtolucci's Ristorante,
LLC, an established Italian restaurant in Brooklyn, New York, for $50,000 in cash. Upon
information and belief, the $50,000 was proceeds from the illicit fencing business.
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77.
At or about the same time as defendant Yoel Weiss purchased the restaurant, he
also opened a catering company under the name Burtolucci's Catering Corp.
78.
Upon information and belief, Burtolucci's Catering Corp. served no other purpose
than to provide defendant Yoel Weiss with another cash register through which he could launder
the proceeds of the illicit fencing operation. Upon information and belief, there was no real
difference between Burtolucci's Ristorante, LLC and Burtolucci's Catering Corp., and they were
operated indistinct from one another by defendant Yoel Weiss.
79.
Plaintiff, who was then pregnant with her second child, was forced by defendant
Yoel Weiss to labor exhaustingly full time at Burtolucci's. Plaintiff labored at Burtolucci's for
five months from approximately June 2010 until October 2010. Plaintiff never received any
compensation.
80.
Plaintiff repeatedly protested her forced labor at Burtolucci's. In response,
defendant Yoel Ward threatened Plaintiff that he would commit her to a psychiatric ward.
Plaintiff was also slapped, repeatedly raped, and verbally abused when she complained about the
forced labor.
81.
Defendants' control over Plaintiff enabled them to force her to labor without
compensation at Burtolucci's for the benefit of the illicit fencing operation.
82.
Upon information and belief, Burtolucci's Ristorante, LLC and Burtolucci's
Catering Corp. assisted in laundering the proceeds of the illicit fencing operation.
83.
Upon information and belief, in early January 2011, defendant Yoel Weiss
induced Plaintiff to travel to Toronto, Canada, by taking Plaintiffs son and threatening to keep
him from her forever. Defendant Yoel Weiss told Plaintiff that she was required to labor in
Toronto under circumstances to be arranged by his brother, defendant Baruch Weiss.
Legall us.l92269 .6
18
84.
Upon information and belief, defendants Yoel Weiss and Baruch Weiss intended
to expand the illicit fencing business into Canada for their own benefit and the benefit of the
Enterprise described below. Upon information and belief, defendant Yoel Weiss shipped illicit
merchandise by truck to defendant Baruch Weiss in Canada.
85.
Upon information and belief, it was defendants Yoel and Baruch Weiss's intent
that Plaintiff would be forced to labor in Canada, against her will and without compensation, for
the benefit of the Enterprise described below and/or the illicit fencing business.
86.
Defendant Baruch Weiss drove Plaintiff across the border to Canada. While in
Canada, Plaintiff was confined to a secure location, denied adequate food and water, and
subjected to continued physical and mental abuse from defendants Yoel and Baruch Weiss.
Approximately two months after arriving in Canada, Plaintiff was returned home to New York
by defendant Y oel Weiss.
87.
In or about early September 2011, defendant Yoel Weiss, upon information and
belief, acting in concert with defendants Moshe Weiss, Pearl Weiss, and Ruchie Weiss, arranged
for part-time employment for Plaintiff as an aide to a disabled student at an elementary school in
the Brooklyn neighborhood. Plaintiff was told by Yoel that she would be watched by defendant
Yoel Weiss's aunt and first cousin who were employed at the school.
88.
Defendant Yoel Weiss, acting in concert with defendants Pearl Weiss, Ruchie
Weiss, and Moshe Weiss, forced Plaintiff to take the part-time employment by means of threats,
directed at her and her children.
89.
Upon information and belief, defendants Yoel Weiss, Pearl Weiss, Ruchie Weiss,
and Moshe Weiss arranged for Plaintiff to work at the school so that they could confiscate her
Legal! us.l92269.6
19
salary and use it to fund the expenses of the illicit fencing operation. According to plan, these
defendants did so.
90.
Plaintiff received sixty dollars per day from the school. After Plaintiffs salary
check was deposited in her bank account, defendant Y oel Weiss forced Plaintiff through a
variety of threats to issue checks to him in the full amount of her salary. All of Plaintiffs
earnings were confiscated by defendant Y oel Weiss.
91.
Defendants Yoel Weiss, Moshe Weiss, and Pearl Weiss told Plaintiffthat she
owed defendant Y oel Weiss a debt because, to please her, he gave up the lease previously held
on the East 27th Street Residence/Warehouse. As a result, they falsely claimed, Plaintiff was
responsible for reimbursing defendant Y oel Weiss for the money he was required to pay as rent
for his current warehouse.
92.
Defendant Yoel Weiss's threats have continued against Plaintiffto this date.
Amongst other actions, defendant Yoel Weiss threatened Plaintiff that if she continued to
maintain this Action and assert the claims raised herein, he would cause her to be evicted from
her apartment. Due to his power and influence in the community in which Plaintiff resides, upon
information and belief, as a direct result of defendant Yoel Weiss's acts, Plaintiff was recently
evicted from her apartment in Brooklyn without cause.
C.
RICO Allegations
93.
Defendants conspired to and did engage in a continuing and concerted course of
conduct directly and indirectly, with the common purpose and effect of obtaining Plaintiffs
involuntary servitude for the benefit of their illicit and criminal activities.
94.
Defendants furthered their scheme to obtain forced labor from and control over
Plaintiff through the use of mental and physical abuse, rape, false imprisonment, forced labor,
peonage, threats to the welfare of Plaintiffs children, and other activities.
Legall us.l92269.6
20
95.
Defendants' wrongful and unlawful acts, including their association with and/or
direction of the RICO enterprise described herein, are in violation of 18 U.S.C. §§ 1962 (c) and
(d).
1.
96.
RICO Enterprise
The enterprise comprised of defendants World-Wide Plumbing Supply Inc., Yoel
Weiss, Moshe Weiss, Pearl Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, Gedalia
Daniel Katz, Sirki Ehrman, Ruchie Weiss, Abraham Berger, Bertolucci's and John Doe Nos. 1-5,
as well as Wiztel USA, Inc. (prior to its dissolution), constitute a RICO enterprise under 18
U.S.C. §§ 1962 (c) and (d) ("Enterprise").
97.
The composition, scope, and membership in the Enterprise was maintained as an
ongoing organized association functioning as a continuing unit associated for the common
purpose of engaging in illegitimate purposes, including obtaining forced labor from and control
over Plaintiff.
98.
The Enterprise was structured to function under the primary direction of
defendants Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz. Defendants Yoel Weiss, Chaim
Lefkowitz, and Suri Lefkowitz regularly and routinely controlled and conducted the business of
the Enterprise and its other constituent members, in an effort to perpetrate wrongful and unlawful
acts against Plaintiff.
99.
Each of the individual members of the Enterprise answered to defendants Y oel
Weiss, Chaim Lefkowitz, and Suri Lefkowitz. Each member of the Enterprise performed
unlawful acts for and on behalf of the Enterprise.
100.
Upon information and belief, the Enterprise has existed since July 2008 and
continues to this date. From and including July 2008 to and including June 1, 2012, defendant
Legallus.l92269.6
21
Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz directed and controlled the Enterprise and
each of its component parts.
101. Defendants, as well as Wiztel USA, Inc. (prior to its dissolution) and other
unnamed co-conspirators, are and were knowing participants and co-conspirators in the
unlawful activity undertaken by themselves and the Enterprise.
102.
Defendants are separate and distinct from the RICO enterprise alleged herein and
were each individually involved in the wrongdoing.
2.
103.
Predicate Acts
The predicate acts forming the pattern of racketeering, and the specific United
States statutes violated thereby, include:
(a)
Peonage (18 U.S.C. § 1581);
(b)
Enticement into Slavery (18 U.S.C. § 1583); and
(c)
Forced Labor (18 U.S.C. § 1589).
(a)
104.
Peonage (18 U.S.C. § 1581)
In furtherance of the goals and purposes of the Enterprise, Defendants held and/or
returned Plaintiff to a condition of peonage on multiple occasions, in violation of 18 U.S.C. §
1581.
105.
In furtherance of the goals and purposes of the Enterprise, Defendants compelled
Plaintiff to work in various locations in support of the illicit fencing operation, including, but not
limited to, the Residence/Warehouse, the pizzeria, Bertolucci's, and an elementary school.
106.
Defendants Y oel Weiss, Moshe Weiss, and Pearl Weiss told Plaintiff that she
owed defendant Yoel Weiss a debt because according to them he gave up a purported lease
previously held on the East 27th Street Residence/Warehouse at Plaintiff's insistence. As a
Legall us.l92269.6
22
result, they claimed Plaintiff is responsible for reimbursing defendant Y oel Weiss for the money
he is required to pay as rent for his current warehouse.
(b)
107.
Enticement into Slavery (18 U.S.C. § 1583)
In furtherance of the goals and purposes of the Enterprise, Defendants enticed
Plaintiff into slavery, in violation of 18 U.S.C. § 1583.
108.
Upon information and belief, Defendants enticed, persuaded, and induced
Plaintiff into the religious union, and forced Plaintiff to labor without compensation at the
Residence/Warehouse, pizzeria, Bertolucci's, and elementary school, with the intent that Plaintiff
would be placed in a condition of slavery, to wit, held against her will, and forced to work
without compensation.
109.
Upon information and belief, defendants Yoel Weiss and Baruch Weiss enticed,
persuaded, and induced Plaintiff through threats to Plaintiffs well-being and Plaintiffs children
to travel by plane and car to Canada with the intent that Plaintiff would be held there as a slave to
work against her will for no compensation.
(c)
11 0.
Forced Labor (18 U.S.C. § 1589)
In furtherance of the goals and purposes of the Enterprise, Defendants engaged in
unlawful conduct relating to the forced labor of Plaintiff in violation of 18 U.S.C. § 1589.
111.
Upon information and belief, Defendants knowingly provided and/or obtained the
labor and/or services ofPlaintiffby (i) force, threats of force, physical restraint, or threats of
physical restraint to Plaintiff and/or Plaintiffs children, (ii) serious harm or threats of serious
harm to Plaintiff and/or Plaintiffs children, and/or (iii) means of a scheme, plan, or pattern
intended to cause Plaintiff to believe that, if she did not perform such labor or services, she or her
children would suffer serious harm or physical restraint.
Legall us.l92269.6
23
112.
Such threats and force included, but are not limited to, false imprisonment,
physical and verbal abuse, threats of physical harm, threats of commitment to mental institutions,
threats relating to Plaintiffs children, rape, and forced relocation across an international border.
113.
Said threats and force were related to, and were for the purpose of obtaining,
Plaintiffs labor and services at the Residence/Warehouse, the pizzeria, Bertolucci's, and the
elementary school, all for the benefit of Defendants and the illicit fencing operation.
3.
114.
Pattern of Racketeering
The foregoing predicate acts form a pattern of racketeering activity, in that such
predicate acts (i) were perpetrated at the direction of defendants Yoel Weiss, Chaim Lefkowitz,
and Suri Lefkowitz, (ii) were directed at Plaintiff in such a manner as to cause Plaintiffharm or
injury, (iii) were related to each other as part of a common course of conduct, plan, and objective
to engage in a continued and concerted course of conduct with the purpose of obtaining forced
labor from and control over Plaintiff, (iv) were shared through the Enterprise as directed by
defendants Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz, (v) shared common methods in
that each was committed by and under the direction of defendants Yoel Weiss, Chaim Lefkowitz,
and Suri Lefkowitz, and (vi) had sufficient continuity and duration in that they occurred at least
since July 2008 up to and including June 2012.
115.
The usual and daily activities of the Enterprise were distinct from the pattern of
racketeering alleged herein. The Enterprise is an association-in-fact enterprise whose respective
constituents used Plaintiffs forced labor in connection with the illicit fencing operation as well
as other legitimate and illegitimate activities so that Defendants could carry on their illicit
criminal activities as they saw fit.
116.
The racketeering activities of the Enterprise, on the other hand, were to engage in
a concerted pattern ofbehavior to obtain physical and mental domination over Plaintiff to obtain
Legal! us.l92269.6
24
forced labor from and control over Plaintiff. The wrongful conduct perpetrated through the
Enterprise, as described herein, was ongoing and persisted continuously and uninterrupted for a
period of greater than two (2) years and permeated the manner in which the Enterprise did
business.
117.
The wrongful conduct perpetrated, and the gains obtained therefrom, have
significantly enriched Defendants.
4.
118.
Effect on Interstate or Foreign Commerce
The Enterprise operated for the benefit of the illicit fencing operation and other
legitimate and illegitimate activities, which, upon information and belief, were involved in
interstate and/or foreign commerce.
119.
Among other acts that effected interstate and foreign commerce in furtherance of
the goals and purposes of the Enterprise, Defendants forced and/or coerced Plaintiff to travel to
Canada, with the intent that she be forced to labor there for the benefit of the Enterprise without
compensation.
120.
Accordingly, the Enterprise had and has a direct and substantial impact on
interstate and foreign commerce.
5.
121.
RICO Conspiracy
Upon information and belief, Defendants, as well as Wiztel USA, Inc. (prior to its
dissolution) and other unnamed co-conspirators possessed knowledge of, at minimum, the
general contours of the Enterprise and the Enterprise's goals and purposes.
122.
dissolution) and other unnamed co-conspirators agreed and intended to further the goals and
Legall us.l92269.6
25
purposes of the Enterprise. If such goals and purposes were completed, they would satisfy all of
the elements of a substantive RICO violation.
123.
dissolution) and other unnamed co-conspirators completed at least one overt act in furtherance of
the conspiracy alleged herein.
6.
124.
RICO Injury And Causation
As a direct, factual and proximate result of Defendants, as well as Wiztel USA,
Inc. (prior to its dissolution) and other unnamed co-conspirators' actions forming the individual
predicate acts and conspiracy alleged herein, and pattern of racketeering activity in which they
engaged, Plaintiff has suffered brutal physical and emotional harm and other injuries, including
significant economic loss.
125.
Plaintiff has suffered damages resulting from Defendants' violations of 18 U.S. C.
§§ 1581, 1583, and 1589, including, but not limited to, lost wages, confiscated wages, and lost
employment opportunities.
126.
As a direct, factual and proximate result of Defendants, as well as Wiztel USA,
Inc. (prior to its dissolution) and other unnamed co-conspirators' actions forming the individual
predicate acts alleged herein, and pattern of racketeering activity carried out as a conspiracy,
Plaintiff has suffered brutal physical and emotional harm and other injuries, including significant
economic loss.
127.
Plaintiffhas suffered damages resulting from Defendants, as well as Wiztel USA,
Inc. (prior to its dissolution) and other unnamed co-conspirators' conspiracy to violate of 18
U.S.C. §§ 1581, 1583, and 1589, including, but not limited to, lost wages, confiscated wages,
and lost employment opportunities.
Legal! us.l92269 .6
26
CAUSES OF ACTION
FIRST CAUSE OF ACTION
Civil RICO (18 U.S.C. § 1962(c))
(As Against Defendants Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz)
128.
Plaintiff repeats and realleges Paragraphs 1 through 127 as if fully set forth
129.
Subsection 1962 (c) of Title 18 of the United States Code prohibits any person
herein.
associated with an enterprise engaged in interstate commerce from participating in the conduct of
the enterprise's affairs through a pattern of racketeering activities.
130.
Defendants were associated with and/or participated in the affairs of the
Enterprise.
131.
The individuals and companies comprising the Enterprise are "persons" within the
meaning of 18 U.S.C. § 1961.
132.
Defendants Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz were principals in
the underlying pattern of racketeering activity.
133.
The Enterprise is an "enterprise" within the meaning of 18 U.S.C. § 1961.
134.
Defendants Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz regularly and
routinely controlled and conducted the business of the Enterprise and its other constituent
members, in an effort to perpetrate wrongful and unlawful acts against Plaintiff.
135.
The predicate acts alleged herein constitute substantial acts of Peonage under 18
U.S.C. § 1581, Enticement Into Slavery under 18 U.S.C. § 1583, and Forced Labor under 18
u.s.c. § 1589.
136.
Legall us.l92269 .6
Specific instances of such conduct include, but are not limited to:
27
(a)
Plaintiff was forced by defendants Chaim and Suri Lefkowitz, and
defendant Yoel Weiss, acting in concert with the other Defendants, to act -- by her
presence -- as a monitor over their cohorts working at the Residence/Warehouse.
Plaintiff was forced to do so for over sixteen hours per day from July 2008 through June
2012, except for the two months Plaintiff was confined in Toronto, Canada. Plaintiff was
never compensated for any of her forced labor;
(b)
in or about March 2009 to in or about June 2009, defendant Yoel Weiss
forced Plaintiff to labor against her will without compensation at his pizzeria on 39th
Street in Brooklyn, New York;
(c)
in or about June 2010, to in or about October 2010, Plaintiffwas forced to
labor without compensation at Bertolucci's;
(d)
in or about January 2011, defendant Yoel Weiss forced and coerced
Plaintiff to travel to Canada with the intent that she labor there without compensation for
the benefit of the Enterprise and/or illicit fencing operation; and
(e)
in or about early September 2011, defendant Yoel Weiss, upon
information and belief, acting in concert with defendants Moshe Weiss, Pearl Weiss, and
Ruchie Weiss, forced Plaintiff to take the part-time employment at an elementary school
by means ofthreats directed at her and her children so that they could confiscate her
salary and use it to fund the expenses of the illicit fencing operation under the guise of an
alleged debt they claimed Plaintiff owed defendant Yoel Weiss due to his giving up a
lease at the Residence/Warehouse.
Legall us.l92269.6
28
137.
As described above, the foregoing alleged multiple acts in violation of 18 U.S.C.
§§ 1581, 1583, and 1589 constitute a "pattern of racketeering" within the meaning of 18 U.S.C. §
1961.
138.
Defendants Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz, are separate and
distinct from the Enterprise alleged herein.
139.
Defendants Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz committed the acts
constituting the pattern of racketeering described herein, which were perpetrated over a period in
excess of two (2) years, and in furtherance of the common purpose or objective of obtaining
forced labor from and control over Plaintiff for the benefit of the Enterprise.
140.
As a direct, factual and proximate result of defendants Yoel Weiss, Chaim
Lefkowitz, and Suri Lefkowitz's willful, intentional, and/or reckless actions forming the
individual predicate acts alleged herein, and pattern of racketeering activity in which they
engaged, Plaintiff has suffered injuries, including significant economic loss.
141.
Plaintiff has suffered damages in an amount to be determined at trial, plus interest
thereon.
142.
As a consequence of defendants Yoel Weiss, Chaim Lefkowitz, and Suri
Lefkowitz's willful, intentional, and/or reckless acts, Plaintiff is entitled to punitive damages in
an amount to be determined at trial.
143.
As a consequence of defendants Yoel Weiss, Chaim Lefkowitz, and Suri
Lefkowitz's willful, intentional, and/or reckless acts, Plaintiff is entitled to treble damages,
recovery of the costs of this litigation, and an award of reasonable attorneys' fees.
Legall us.l92269.6
29
SECOND CAUSE OF ACTION
Civil RICO (18 U.S.C. § 1962(d))
(As Against all Defendants)
144.
145.
Subsection 1962(d) ofTitle 18 of the United States Code prohibits any person
herein.
from conspiring to violate any of the provisions of subsections (a), (b), or (c) of section 1962.
146.
dissolution) and other unnamed co-conspirators, agreed and conspired with each other to violate
18 U.S.C. § 1962(c).
147. Specifically Defendants, as well as Wiztel USA, Inc. (prior to its dissolution) and
other unnamed co-conspirators, conspired and agreed to engage in and commit the acts
constituting the pattern of racketeering alleged herein over a period in excess of two (2) years in
furtherance of the common goals and purpose of obtaining forced labor from and control over
Plaintiff for the benefit of the Enterprise.
148.
Upon information and belief, Defendants knew that their predicate acts were part
of a pattern of racketeering activity and agreed to the commission of those acts to further the
scheme described above. Such conduct constitutes a conspiracy to violate 18 U.S.C. § 1962(c).
149.
Upon information and belief, Defendants each possessed knowledge of, at
minimum, the general contours of the Enterprise and the Enterprise's goals and purposes.
150.
Upon information and belief, agreed, adopted, and intended to further the goals
and purposes of the Enterprise. If such goals and purposes were completed, they would satisfy
all of the elements of a substantive RICO violation.
Legall us.l92269 .6
30
151.
Upon information and belief, defendants Yoel Weiss, Chaim Lefkowitz, and Suri
Lefkowitz are the principals of the Enterprise, directing its members, and participated in almost
every instance of the predicate act, while defendants World-Wide Plumbing Supply Inc., Moshe
Weiss, Pearl Weiss, Gedalia Daniel Katz, Sirki Ehrman, Ruchie Weiss, Baruch Weiss, Abraham
Berger, Burtolucci's, and John Doe Nos.1-5, as well as Wiztel USA, Inc. (prior to its
dissolution) and other unnamed co-conspirators, each collectively and independently conspired
to support the Enterprise's goal of obtaining forced labor from and control over Plaintiff for the
benefit of the Enterprise.
152.
Such conspiratorial acts included, but were not limited to:
(a)
defendants Yoel Weiss, Moshe Weiss, Pearl Weiss and Suri Lefkowitz
repeatedly threatened Plaintiff with involuntary hospitalization and commitment to a
psychiatric ward;
(b)
defendants Yoel Weiss, Chaim Lefkowitz, Suri Lefkowitz, Moshe Weiss,
Ruchie Weiss, Baruch Weiss, Sirky Ehrman, and Pearl Weiss falsely imprisoned
Plaintiff, placing her under a continuous state of confinement and surveillance, and
preventing her from communicating with non-family members, including law
enforcement personnel;
(c)
defendants Yoel Weiss, Moshe Weiss, Pearl Weiss and Suri Lefkowitz
repeatedly told Plaintiff that interiors and exteriors of the residences where she was kept
were wired with audio and video surveillance, and all locations therein recorded by
defendant Yoel Weiss. These same defendants instructed Plaintiff not to leave the
residences without the permission of defendant Yoel Weiss or one of the other
Defendants, and threatened Plaintiff with bodily harm should she do so;
Legal] us.192269.6
31
(d)
defendant Yoel Weiss repeatedly raped Plaintiff;
(e)
for a period of approximately five (5) months following the religious
union, defendant Yoel Weiss prohibited and prevented Plaintiff from having any
communication whatsoever with her foster family, brothers, and friends;
(f)
in or about March 2011 through in or about November 2011, defendants
Moshe Weiss, Pearl Weiss, Ruchie Weiss, and Sirky Ehrman kept Plaintiff confined to a
small location in their residence, located at 1234 47th Street, Brooklyn, New York. At
the Weiss home, Plaintiff and her children were confined to a one room area adjacent to a
small kitchen that was entirely devoid of food; Plaintiffs coat and the children's outwear
were removed from Plaintiffs possession to prevent their escape; Plaintiff was given no
money, and no access to a telephone, and told by defendants Yoel, Ruchie, Moshe and
Pearl Weiss that the house was monitored with surveillance cameras and that Plaintiffs
movements were being watched and recorded on camera. These four defendants warned
Plaintiff that if they caught her attempting to escape, or even attempting to leave her
designated area, they would have her committed to a psychiatric ward and her children
would be taken away from her. During this time Plaintiff was routinely beaten and
repeatedly raped by Defendant Yoel Weiss. Defendant Suri Lefkowitz would also come
to the Weiss House to check on Plaintiff and humiliate her, persistently warning Plaintiff
not to try to leave the premises and almost always reminding her to 'smile' because she
was "on camera";
(g)
upon information and belief, in support of the Enterprise, defendant
World-Wide Plumbing was used to store illicit merchandise when there was no room in
the Residence/Warehouse;
Legan us.l92269.6
32
(h)
upon information and belief, in support of the Enterprise, defendant
Abraham Berger worked closely with defendant Yoel Weiss on the purchasing and
selling of stolen jewelry involved in the illicit fencing operation; and
(i)
upon information and belief, in support of the Enterprise, cash and other
proceeds of the illicit fencing operation were laundered through a group of individuals
and companies, including defendants World-Wide Plumbing, Chaim Lefkowitz, Suri
Lefkowitz, Gedalia Daniel Katz, Sirky Ehrman, Moshe Weiss, Pearl Weiss, Ruchie
Weiss, and others (John Does Nos. 3-5).
153.
As a direct, factual and proximate result of Defendants' acts forming the
individual predicate acts alleged herein, and pattern of racketeering activity in which they
engaged, Plaintiff has suffered injuries, including significant economic loss.
154.
As a direct, factual and proximate result of Defendants' willful, intentional, and/or
reckless acts forming the individual predicate acts alleged herein, and pattern of racketeering
activity carried out as a conspiracy, Plaintiff has suffered injuries, including significant economic
loss.
155. Plaintiff has suffered damages in an amount to be determined at trial, plus interest
thereon.
156.
As a consequence of Defendants' willful, intentional, and/or reckless acts,
Plaintiff is entitled to punitive damages in an amount to be determined at trial.
157.
As a consequence of Defendants' willful, intentional, and/or reckless acts,
Plaintiff is entitled to treble damages, recovery of the costs of this litigation, and an award of
reasonable attorney's fees.
Legall us.192269 .6
33
THIRD CAUSE OF ACTION
Peonage (18 U.S.C. §§ 1581, 1595)
(As Against Defendants Y oel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss,
Chaim Lefkowitz, Suri Lefkowitz, Burtolucci's Ristorante, LLC,
and Burtolucci's Catering Corp.)
158.
159.
In furtherance of the goals and purposes of the Enterprise, defendants Yoel Weiss,
herein.
Moshe Weiss, Pearl Weiss, Ruchie Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's,
acting individually and in concert with one another, compelled Plaintiff to labor in various
locations in support of the illicit fencing operation, including, but not limited to, the
Residence/Warehouse, the pizzeria, Bertolucci' s, and an elementary school.
160.
Defendants Yoel Weiss, Moshe Weiss, and Pearl Weiss told Plaintiff that she
owed defendant Y oel Weiss a debt because, allegedly to please her, defendant Yoel Weiss gave
up the lease previously held on the East 27th Street Residence/Warehouse. As a result, they
claimed, Plaintiff was responsible for reimbursing defendant Y oel Weiss for the money he was
required to pay as rent for his current warehouse.
161.
Defendants Yoel Weiss, Moshe Weiss, and Pearl Weiss violated the prohibition
against peonage, in violation of18 U.S.C. § 1581.
162.
Upon information and belief, defendants Y oel Weiss, Moshe Weiss, Pearl Weiss,
Ruchie Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's knew or should have known
the Enterprise, a venture in which they participated, engaged in violations of18 U.S.C. § 1581.
163.
Ruchie Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's knowingly benefited from the
Legal! us.l92269.6
34
Enterprise's use of peonage against Plaintiff through their involvement in the illicit activities
described alleged herein.
164.
As a direct and proximate result of defendants Yoel Weiss, Moshe Weiss, Pearl
Weiss, Ruchie Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's willful, intentional,
and/or reckless actions, Plaintiff has suffered damages in an amount to be determined at trial,
plus interest thereon.
165.
Defendants Yoel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Chaim
Lefkowitz, Suri Lefkowitz, and Burtolucci's misconduct was intentionally willful, wanton,
malicious, and of such egregious nature that punitive damages are appropriate in this case in
addition to any compensatory damages awarded to Plaintiff, and as a result of defendants'
misconduct Plaintiff is entitled to punitive damages.
166.
Pursuant to 18 U.S.C. § 1595, Plaintiff is entitled to an award of reasonable
attorney's fees for defendants Yoel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Chaim
Lefkowitz, Suri Lefkowitz, and Burtolucci's violation of the prohibition against peonage.
FOURTH CAUSE OF ACTION
Enticement Into Slavery (18 U.S.C. §§ 1583, 1595)
Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, Burtolucci's Ristorante, LLC,
167.
168.
Upon information and belief, defendants Yoel Weiss, Moshe Weiss, Pearl Weiss,
herein.
Ruchie Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's, acting individually and in
concert with one another, enticed, persuaded, and induced Plaintiff into the religious union,
induced and/or forced Plaintiff to labor without compensation at the Residence/Warehouse,
Legall us.I92269.6
35
pizzeria, Bertolucci' s, and elementary school, with the intent that Plaintiff would be placed in a
condition of slavery, to wit, held against her will, and forced to work without compensation.
169.
Upon information and belief, defendants Yoel Weiss and Baruch Weiss enticed,
persuaded, and induced Plaintiff through threats to Plaintiffs well-being and concerning
Plaintiffs son to travel by plane and car to Canada with the intent that Plaintiff would be placed
in a condition of slavery, to wit, held against her will, and forced to work without compensation.
170.
As alleged herein, such inducement included, but is not limited to, false
imprisonment, physical and verbal abuse, threats of physical harm, threats of commitment to
mental institutions, threats relating to Plaintiffs children, rape, relocation across an international
border, and other actions intended to force Plaintiff to comply with Defendants' directions.
171. Defendants Y oel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Baruch Weiss,
Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's activities violated the prohibition against
enticement into slavery, in violation of 18 U.S.C. § 1583.
172. Upon information and belief, defendants Y oel Weiss, Moshe Weiss, Pearl Weiss,
Ruchie Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's knew or
should have known that the Enterprise, a venture in which they participated, engaged in
violations of 18 U.S.C. § 1583.
173.
Upon information and belief, defendants Moshe Weiss, Pearl Weiss, Ruchie
Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's knowingly benefited
from the Enterprise's use of enticement into slavery against Plaintiff through their involvement
in the illicit business activities described above.
174.
Weiss, Ruchie Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's willful,
Legal! us.l92269.6
36
intentional, and/or reckless actions, Plaintiff has suffered damages in an amount to be determined
at trial, plus interest thereon.
175.
Defendants Yoel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Baruch Weiss,
Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's misconduct was intentionally willful,
wanton, malicious, and of such egregious nature that punitive damages are appropriate in this
case in addition to any compensatory damages awarded to Plaintiff, and as a result of defendants'
176.
Pursuant to 18 U.S.C. § 1595, Plaintifiis entitled to an award of reasonable
attorney's fees for defendants Yoel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Baruch
Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's violation of the prohibition against
enticement into slavery.
FIFTH CAUSE OF ACTION
Forced Labor (18 U.S.C. §§ 1589, 1595)
177.
178.
herein.
Ruchie Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's, acting
individually and in concert with one another, knowingly provided and/or obtained the labor
and/or services of Plaintiff by force, threats of force, physical restraint, or threats of physical
restraint to that person or another person, serious harm or threats of serious harm to Plaintiff
and/or Plaintiffs children, and/or by means of a scheme, plan, or pattern intended to cause
Legal} us.J92269.6
37
Plaintiff to believe that, if Plaintiff did not perform such labor or services, Plaintiff or Plaintiff's
children would suffer serious harm or physical restraint.
179.
Such labor included, but is not limited to,
(a)
Plaintiff was forced by defendants Chaim and Suri Lefkowitz, and
defendant Yoel Weiss, acting in concert with the other Defendants, to act-- by her
presence-- as a monitor over the workers employed at the Residence/Warehouse.
Plaintiff was forced to do so for over sixteen hours per day from July 2008 through June
2012, except for the two months Plaintiff was confined in Toronto, Canada. Plaintiff was
never paid for any of her forced labor.
(b)
in or about March 2009 to in or about June 2009, Plaintiff was also forced
to work against her will without compensation at defendant Yoel Weiss's pizzeria, Pizza
Express, located on 39th Street in Brooklyn, New York;
(c)
in or about June 2010 to in or about October 2010, Plaintiff, who was then
pregnant with her second child, was forced by defendant Yoel Weiss to labor
exhaustingly full time at Burtolucci's;
(d)
Upon information and belief, in early January 2011, defendant Yoel Weiss
induced Plaintiff to travel to Toronto, Canada, and told Plaintiff that she was required to
labor in Toronto under circumstances to be arranged by his brother, defendant Baruch
Weiss. Upon information and belief, it was defendants Yoel and Baruch Weiss's intent
that Plaintiff would be forced to labor in Canada, against her will and without
compensation, for the benefit of the Enterprise and/or the illicit fencing business; and
(e)
in or about early September 2011, defendant Yoel Weiss, upon
information and belief, acting in concert with defendants Moshe Weiss, Pearl Weiss, and
Legall us.l92269 .6
38
Ruchie Weiss, arranged for part-time employment for Plaintiff as an aide to a disabled
student at an elementary school in the Brooklyn neighborhood. Plaintiff was told that she
would be watched by defendant Yoel Weiss's aunt and first cousin who were employed
at the school. Defendant Yoel Weiss, acting in concert with defendants Pearl Weiss,
Ruchie Weiss, and Moshe Weiss, forced Plaintiff to take the part-time employment by
means of threats, directed at her and her children. Upon information and belief,
defendants Y oel Weiss, Pearl Weiss, Ruchie Weiss, and Moshe Weiss arranged for
Plaintiff to work at the school so that they could confiscate her salary and use it to fund
the expenses of the illicit fencing operation. According to plan, these defendants did so.
Plaintiff received sixty dollars per day from the school. After Plaintiffs salary check was
deposited in her bank account, defendant Yoel Weiss forced Plaintiff through a variety of
threats to issue checks to him in the full amount ofher salary. All of Plaintiffs earnings
were confiscated by defendant Yoel Weiss. Defendants Yoel Weiss, Moshe Weiss, and
Pearl Weiss told Plaintiff that she owed defendant Yoel Weiss a debt because, to please
her, he gave up the lease previously held on the East 27th Street Residence/Warehouse.
As a result, they claimed, Plaintiff was responsible for reimbursing defendant Yoel Weiss
for the money he was required to pay as rent for his current warehouse.
180.
As described above, such threats and force included, but are not limited to, false
imprisonment, physical and verbal abuse, threats of physical harm, threats of commitment to
mental institutions, threats relating to Plaintiffs children, rape, and other actions intended to
force Plaintiffto comply with defendants Yoel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss,
Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's orders.
Legal I us.l92269.6
39
181.
Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's conduct violated the prohibition against
forced labor, in violation of 18 U.S.C. § 1589.
182.
Upon information and belief, defendants Yoel Weiss Moshe Weiss, Pearl Weiss,
Ruchie Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's knew or
should have known that the Enterprise, a venture in which they participated, engaged in
violations of 18 U.S.C. § 1589.
183.
Ruchie Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's knowingly
benefited from the Enterprise's use of forced labor against Plaintiff through their involvement in
the illicit business activities described above.
184.
185.
186.
Legal1 us.192269 .6
40
forced labor.
SIXTH CAUSE OF ACTION
Benefitting Financially From Peonage, Slavery,
And Trafficking In Persons {18 U.S.C. §§ 1593A, 1595)
187.
188.
herein.
individually and in concert with one another, knowingly benefited, financially or otherwise, from
participation in a venture which engaged in violations of 18 U.S.C. §§ 158l(a), 1592, and/or
1595(a).
189.
Ruchie Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, and Burtolucci's had
knowledge or had reckless disregard of the fact that said venture engaged in such violations.
190.
Such activity violated the prohibition against benefiting financially from peonage,
slavery, and trafficking in persons, in violation of 18 U.S.C. § 1593A.
191.
192.
Legal! us.l92269.6
41
193.
benefiting financially from peonage, slavery, and trafficking in persons.
SEVENTH CAUSE OF ACTION
Attempted Violation Of Prohibitions On Peonage,
Enticement Into Slavery, Forced Labor (18 U.S.C. §§ 1594(a), 1595)
194.
195.
herein.
individually and in concert with one another, attempted to violate 18 U.S.C. §§ 1581, 1583,
and/or 1589 through their mental and physical domination described above, all of which was,
upon information and belief, designed to obtain forced labor from, and control over, Plaintiff.
196.
Such activity violated the prohibition against attempting to violate 18 U.S.C. §§
1581, 1583, and 1590, in violation of 18 U.S.C. § 1594(a).
197.
As a direct and proximate result of defendants Y oel Weiss, Moshe Weiss, Pearl
Legall us.l92269.6
42
198.
Defendants Y oel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Chaim
Lefkowitz, Suri Lefkowitz, and Burtolucci's misconduct was intentionally willful, wanton,
malicious, and of such egregious nature that punitive damages are appropriate in this case in
addition to any compensatory damages awarded to Plaintiff, and as a result of defendants'
199.
attorney's fees for defendants Y oel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Baruch
Weiss, Chaim Lefkowitz, Suri Lefkowitz and Burtolucci's violation ofthe prohibition against
attempting to violate 18 U.S.C. §§ 1581, 1583, and/or 1589.
EIGHTH CAUSE OF ACTION
Conspiracy To Violate Prohibitions On Peonage, Enticement Into
Slavery, Forced Labor, Trafficking With Respect To Peonage,
Slavery, Involuntary Servitude, Or Forced Labor, And Benefitting Financially
From Peonage, Slavery, And Trafficking In Persons (18 U.S.C. §§ 1594(b), 1595)
(As Against Defendants Yoel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss,
200.
201.
herein.
Ruchie Weiss, Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz and Burtolucci's conspired to
violate 18 U.S.C. §§ 1581, 1583, and/or 1589 through their mental and physical domination
described above, all of which was, upon information and belief, designed to obtain forced labor
from, and control over Plaintiff.
202.
Such activity violated the prohibition against conspiring with another person to
violate 18 U.S.C. §§ 1581, 1583, and/or 1589, in violation of 18 U.S.C. § 1594(b).
Legal! us.l92269 .6
43
203.
204.
case in addition to any compensatory damages awarded to Plaintiff, and as a result of
defendants' misconduct Plaintiff is entitled to punitive damages.
205.
attorney's fees for defendants Y oel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Baruch
Weiss, Chaim Lefkowitz, Suri Lefkowitz and Burtolucci's violation of the prohibition against
conspiring to violate 18 U.S.C. §§ 1581, 1583, and/or 1589.
NINTH CAUSE OF ACTION
Crime of Violence in Violation of N.Y. City Code§ 10-403
(As Against Defendant Yoel Weiss)
206.
207.
On multiple occasions between July 2008 and June 2012, defendant Yoel Weiss
herein.
committed multiple acts against Plaintiff that would constitute a misdemeanor or felony as
defined under New York State and/or United States law.
208.
As alleged above, such acts included, but are not limited to, falsely imprisoning
Plaintiff, sexually assaulting and raping Plaintiff, menacing Plaintiff, subjecting Plaintiff to a
condition of peonage, and subjecting Plaintiffto forced labor.
Legal! us.l92269.6
44
209.
Defendant's acts violate N.Y. City Code§ 10-403.
210.
As a result of defendant Yoel Weiss's willful, intentional, and/or reckless
violations of N.Y. City Code§ 10-403, Plaintiff has suffered damages in an amount to be
determined at trial, plus interest thereon.
211.
Pursuant to N.Y. City Code§ 10-403, Plaintiff is also entitled to an award of
reasonable attorney's fees and costs for defendant Yoel Weiss's willful, intentional, and/or
reckless violation of N.Y. City Code§ 10-403.
TENTH CAUSE OF ACTION
Sexual Mencing And Battery (Rape)
212.
213.
On multiple occasions, defendant Yoel Weiss threatened to and did touch Plaintiff
herein.
against her will in a sexual manner, to wit, by forcibly having sexual intercourse with her without
her consent.
214.
Upon information and belief, defendant Yoel Weiss intended to touch Plaintiff in
a sexual manner, to wit, by having sexual intercourse with her.
215.
Such acts constitutes menacing and battery under New York law.
216.
As a direct and proximate result of defendant's willful, intentional, and/or
reckless actions, Plaintiff has suffered damages in an amount to be determined at trial, plus
interest thereon.
217.
Defendant Yoel Weiss's misconduct was intentionally willful, wanton, malicious,
and of such egregious nature that punitive damages are appropriate in this case in addition to any
Legall us.192269 .6
45
compensatory damages awarded to Plaintiff, and as a result of defendant's misconduct Plaintiff
is entitled to punitive damages.
ELEVENTH CAUSE OF ACTION
Violation of N.Y. Labor Law§ 652
(As Against Defendants Yoel Weiss, Chaim Lefkowitz, Suri Lefkowitz,
Burtolucci's Ristorante, LLC, and Burtolucci's Catering Corp.)
218.
219.
Between July 2008 and June 2012, with the exception of the two months Plaintiff
herein.
was confined in Toronto, Canada, Plaintiff was forced to labor without compensation for Y oel
Weiss, Chaim Lefkowitz, and Suri Lefkowitz in the Residence/Warehouse for his benefit and the
benefit of the illicit fencing operation.
220.
Plaintiff was not compensated for her labor in violation of the minimum wage
requirement ofN.Y. Labor Law § 652.
221.
Between in or about March 2009 and in or about June 2009, Plaintiff was forced
to labor without compensation for defendant Yoel Weiss at the pizzeria for his benefit and the
222.
Plaintiff was not compensated for her labor at the pizzeria in violation of the
minimum wage requirement ofN.Y. Labor Law§ 652.
223.
Between on or about June 2010 and on or about October 2010, Plaintiff was
forced to labor without compensation for Bertolucci's for its benefit and the benefit of the illicit
fencing operation.
224.
Plaintiff was not compensated for her labor for Bertolucci's in violation of the
minimum wage requirement ofN.Y. Labor Law § 652.
Legal! us.l92269.6
46
225.
As a consequence of defendants Yoel Weiss's, Chaim Lefkowitz's, Suri
Lefkowitz's, and Bertolucci's willful, intentional, and/or reckless violations of N.Y. Labor Law
§ 652, Plaintiff is entitled to damages equal to the amount of wages that she should have received
for her labor at the illicit fencing operation, the pizzeria, and Bertolucci's.
226.
Pursuant to N.Y. Labor Law§ 663, Plaintiff is also entitled to an award of
reasonable attorney's fees, prejudgment interest, and liquidated damages equal to one hundred
percent of the total of such underpayments found to be due.
TWELFfH CAUSE OF ACTION
Violation of 12 NYCRR § 142-2.2
(As Against Defendants Yoel Weiss, Chaim Lefkowitz, Suri Lefkowitz,
Burtolucci's Ristorante, LLC, and Burtolucci's Catering Corp.)
227.
228.
Between July 2008 and June 2012, with the exception of the two months Plaintiff
herein.
was confined in Toronto, Canada, Plaintiff was forced to labor without compensation for Yoel
Weiss, Chaim Lefkowitz, and Suri Lefkowitz in the Residence/Warehouse for his benefit and the
229.
Plaintiff worked more than 40 hours a week each week she worked for the illicit
fencing operation.
230.
Plaintiff was not compensated for her overtime labor in violation of the overtime
wage requirement of 12 NYCRR § 142-2.2.
231.
Between in or about March 2009 and in or about June 2009, Plaintiff was forced
to labor without compensation for defendant Yoel Weiss at the pizzeria for his benefit and the
Legall us.l92269 .6
47
232.
Plaintiff worked more than 40 hours a week each week she worked for the
pizzeria.
233.
Plaintiff was not compensated for her overtime labor at the pizzeria in violation of
the overtime wage requirement of 12 NYCRR § 142-2.2.
234.
Between in or about June 2010 and in or about October 2010, Plaintiff was forced
to labor without compensation for Bertolucci's for its benefit and the benefit of the illicit fencing
operation.
235.
Plaintiff was not compensated for her overtime labor for Bertolucci' s in violation
of the overtime wage requirement of 12 NYCRR § 142-2.2.
236.
As a result of defendants Yoel Weiss's, Chaim Lefkowitz's, Suri Lefkowitz's, and
Bertolucci's willful, intentional, and/or reckless violation 12 NYCRR § 142-2.2, Plaintiff is
entitled to monetary damages equal to the amount of overtime wages that she should have
received for her work at the illicit fencing operation, the pizzeria, and Bertolucci's.
THIRTEENTH CAUSE OF ACTION
Conversion
23 7.
238.
In or about July 2008, defendant Yoel Weiss took from Plaintiff cash in the
herein.
amount of $8,500.00.
239.
Plaintiff had an immediate superior right of possession to that money.
240.
Following defendant Yoel Weiss's confiscation ofPlaintiff's money, he exercised
unauthorized dominion over said money to the exclusion of Plaintiffs rights.
Legall us.l92269 .6
48
241.
Defendant Y oel Weiss is liable for conversion of the $8,500.00 he confiscated
from Plaintiff.
242.
As a direct and proximate result of defendant Yoel Weiss's willful, intentional,
and/or reckless actions, Plaintiff has suffered damages in an amount to be determined at trial,
plus interest thereon.
FOURTEENTH CAUSE OF ACTION
Declaratory Judgment
(As Against All Defendants)
243.
244.
Upon information and belief, in or about 2009, defendant Yoel Weiss forced
herein.
Plaintiff to consent to his applications for insurance policies he took on Plaintiffs life. Upon
information and belief, those life insurance policies were intended to make Plaintiff see herself
as an asset -- rather than a human being-- whose life could be taken at any moment, further
instilling fear in Plaintiff and demoralizing her for the purpose of obtaining her compliance with
Defendants' orders.
245.
Upon information and belief, the policies are for at least one million dollars and
defendant Yoel Weiss is the named beneficiary. Upon information and belief, defendant Yoel
Weiss owns the policies through someone associated with his family (John Doe No. 1) whom he
controls.
246.
Upon information and belief, on at least two occasions during Plaintiffs captivity,
defendant Y oel Weiss acted in a way that placed Plaintiffs life in jeopardy with the intent that
her death would result in a payment from the insurance policies. Since escaping captivity,
Legal! us.l92269.6
49
Plaintiff obtained a restraining order against defendant Yoel Weiss, which, upon information and
belief, expired in December 2013. Since that time, Plaintiff has lived in fear for her life.
247.
Upon information and belief, the life insurance policies are still in effect.
248.
Plaintiff's life will remain in danger as long as defendant Yoel Weiss and anyone
associated with defendant Yoel Weiss is able to maintain life insurance policies on Plaintiff.
249.
Plaintiff has no adequate remedy at law for the relief sought in this claim.
250.
The balance of equities is in favor of Plaintiff.
251.
By reason of the forgoing Plaintiff is entitled to injunctive relief enjoining
defendant Yoel Weiss from taking out and/or maintaining any life insurance policies naming
Plaintiff as the insured, and ordering defendant Yoel Weiss to cancel any such existing policies
and/or surrender any such existing policies to Plaintiff so that she may take action to change the
named beneficiaries.
RELIEF REQUESTED
WHEREFORE, Plaintiff Rivka Stein respectfully prays that the Court grant the
following relief against Defendants, and enter Judgment as follows:
A.
As to the First Cause of Action award Plaintiff compensatory, punitive, and treble
damages against defendants Yoel Weiss, Chaim Lefkowitz, and Suri Lefkowitz, jointly and
severally, including pre- and post-judgment interest thereon, in an amount to be determined at
trial;
B.
As to the Second Cause of Action, award Plaintiff compensatory, punitive, and
treble damages against all Defendants, jointly and severally, including pre- and post-judgment
interest thereon, in an amount to be determined at trial;
C.
As to the Third Cause of Action, award Plaintiff compensatory and punitive
damages against defendants Yoel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss, Chaim
Legan us.l92269 .6
50
Lefkowitz, Suri Lefkowitz, Burtolucci's Ristorante, LLC, and Burtolucci's Catering Corp.,
jointly and severally, including pre- and post-judgment interest thereon, in an amount to be
determined at trial;
D.
As to the Fourth through Eighth Causes of Action, award Plaintiff compensatory
and punitive damages against defendants Yoel Weiss, Moshe Weiss, Pearl Weiss, Ruchie Weiss,
Baruch Weiss, Chaim Lefkowitz, Suri Lefkowitz, Burtolucci's Ristorante, LLC, and Burtolucci's
Catering Corp., jointly and severally, including pre- and post-judgment interest thereon, in an
amount to be determined at trial;
E.
As to the Ninth, Tenth, and Thirteenth Causes of Action, award Plaintiff
compensatory damages against defendant Y oel Weiss, including pre- and post-judgment interest
thereon, in an amount to be determined at trial;
F.
As to the Tenth Cause of Action, award Plaintiff punitive damages against
defendant Y oel Weiss, including pre- and post-judgment interest thereon, in an amount to be
determined at trial
G.
As to the Eleventh and Twelfth Causes of Action, award Plaintiff compensatory
damages against defendants Yoel Weiss, Chaim Lefkowitz, Suri Lefkowitz, Burtolucci's
Ristorante, LLC, and Burtolucci's Catering Corp., including pre- and post-judgment interest
thereon, in an amount to be determined at trial;
H.
As to the Eleventh Cause of Action against defendants Y oel Weiss, Chaim
Lefkowitz, Suri Lefkowitz, Burtolucci's Ristorante, LLC, and Burtolucci's Catering Corp.,
award Plaintiffliquidated damages equal to one hundred percent of the total of underpayments
found to be due to PlaintifT;
Legal! us.l92269 .6
51
I.
Ordering Defendants, jointly and severally, to pay Plaintiffs reasonable
attorney's fees;
J.
Ordering Defendants, jointly and severally, to pay Plaintiffs costs in bringing this
litigation;
K.
Permanently enjoining defendant Joel Weiss from taking out and/or maintaining
any life insurance policy naming Plaintiff as the insured;
L.
Ordering defendant Yoel Weiss to cancel any existing life insurance policy
naming Plaintiff as the insured and/or to surrender any such policies to Plaintiff so that she may
take action to change the named beneficiary or beneficiaries; and
M.
Granting Plaintiff such further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury in this action on all issues so triable.
Dated: New York, New York
February 27, 2014
Respectfully Submitted,
MISHCON DE REYA NEW YORK LLP
By: /sNincent Filardo, Jr.
Vincent Filardo, Jr.
Daniel Mandell
750 Seventh Avenue, 26th Floor
New York, New York 10019
Tel: (212) 612-3270
Fax: (212) 612-3297
vincent. filardo@mishcon. com
dan.mandell@mishcon.com
Attorneys for Plaintiff Rivka Stein
Legal! us.l92269.6
52
VERIFICATION
County ofNew York )
)
)
State of New York
ss.
I, Rivka Stein, Plaintiff in the above-captioned action, declare under penalty ofpetjury
that the forgoing is true and correct to the best of knowledge, except where indicated to be upon
information and belief, and there, I affirm my belief that such allegations are true to the best of
my knowledge.
Subsc;ilt.£d and Affirmed to before me
on 't.:l day of February, 2014
'J[\.1\A.J ~-~
Notary Public
Legal! us.l92269.6
-~
VINCENT FllARDO JR.
Notary Public,
of New York
No. 02FI6023165
Qualified in Putnam County
Certificate Filed in New York Cou~ty
Commission Expires April 12, 20.L5.

File - Redeem Rivky

Transcription

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