Rome & Associates Obtains Preliminary Injunction for Counterclaim-Plaintiffs Sub-Merchants, Requiring the Identity and Disposition of Funds.

In a decision by the U.S. District Court for the Southern District of Ohio, the Court found that Counterclaim-Defendant Integrity Business Partners, LLC (“IBP”) must identify any and all bank accounts into which IBP (directly or through its officers, directors, related companies and/or affiliates) received, deposited, or transferred any of Sub-Merchants’ transaction proceeds and personal funds and freeze all such identified accounts.  In an Opinion and Order issued by U.S. District Court Judge Michael R. Barrett on November 21, 2022, the Court found that IBP lost the right to handle, possess, or control any proceeds of Sub-Merchants’ processing activity; that the acquisition of Counterclaimant Sub-Merchants’ property was wrongful and that the Counterclaimant-Defendant’s keeping of the property would constitute unjust enrichment.

 

Additionally, the Court found a likelihood of irreparable harm to Sub-Merchants in the absence of injunctive relief and a likelihood of dissipation of the claimed monies to Sub-Merchants and Counterclaimant-Plaintiff Gina Stagnitto, and that Sub-Merchants and Stagnitto established the likelihood of irreparable harm supporting an asset freeze.

Finally, the Court found that the balance of equities and public interest favor granting injunctive relief. Injunctive relief delays IBP from further dissipating funds and does not reach non-parties to this matter.

 

The Sub-merchants in this action styled Integrity Business Partners, LLC v. Autumn Ridge Consulting Inc., et al. are represented by Rome & Associate Partners Eugene Rome and Bradley O. Cebeci.