In a compelling case of alleged financial misconduct, JPMorgan Chase Bank, N.A. has filed a lawsuit against GDV Builders Corp., Rock the Gasper Equities, LLC, and Gasper D. Vitale. The complaint was lodged in the United States District Court for the Eastern District of New York on August 15, 2024.
The plaintiff, JPMorgan Chase Bank, N.A. ("Chase"), acting as an assignee to Delphine M. Thomas, accuses GDV Builders Corp., Rock the Gasper Equities, LLC, and Gasper D. Vitale (collectively referred to as "Defendants") of wrongfully taking and retaining $682,816.44. According to the complaint, in January 2022, Thomas initiated a wire transfer from her PNC Bank account intending to deposit these funds into her Fidelity Investments retirement account via Chase. However, due to an error in the wire instructions, the funds were mistakenly deposited into GDV Builders' account at Chase.
Upon receiving these funds unexpectedly, the Defendants allegedly did not notify anyone but instead used them to purchase real property located at 55 Skunk Lane in Cutchogue, New York in April 2022. Despite demands from Chase for the return of these funds, Defendants have refused to comply or provide any justification for their actions.
The plaintiff asserts that Defendants knew they had no right to these funds and yet chose to retain and use them unlawfully. This action has led Chase to seek a judgment ordering the immediate return of the misappropriated funds along with other reliefs including punitive damages and attorneys' fees.
The complaint details multiple causes of action including conversion—where Defendants are accused of wrongfully converting Thomas's funds for their own use; unjust enrichment—where it is claimed that Defendants were unjustly enriched by retaining money they had no right to; money had and received—asserting that Defendants benefited from funds mistakenly transferred into their account; payment by mistake—highlighting that Defendants only received these funds due to an error; attachment under CPLR § 6201—seeking an order attaching the Skunk Lane property purchased with the misappropriated funds; and preliminary and permanent injunction—requesting an injunction preventing Defendants from disposing of or encumbering this property pending resolution of this case.
Chase is represented by attorneys Timothy E. Di Domenico from Greenberg Traurig LLP's New York office and Paul Ferak along with Jonathan Claydon from Greenberg Traurig LLP's Chicago office.
Case ID: 1:24-cv-05718.