Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NeYo Vs. Foster: A Lesson In Financial Trust

Author: Scarinci Hollenbeck, LLC

Date: August 15, 2014

Key Contacts

Back

I came across a case recently that should serve as an objective lesson in knowing who to trust with your money.

R&B singer NeYo sued his former business manager in Federal Court recently, alleging the theft of $8 million. The Grammy-winning musician, who’s real name is Shaffer Smith, claims that he allowed former manager and confidant Kevin Foster to take control of his bank accounts in 2005. Using that control, Foster then transferred money out of the account without permission.

Jasenhudson at the English language Wikipedia [GFDL (http://www.gnu.org/copyleft/fdl.html) or CC-BY-SA-3.0 , from Wikimedia Commons

The list of alleged offenses is substantial. Smith claims that Foster forged his signature on two loan documents for $400,000 and converted monies for his personal use. Foster allegedly neglected his duties as a business manager by failing to file tax returns for Smith and his companies on time. Smith claims that Foster invested $3.5 million of his money in OXYwater, a company that went bankrupt, leading to its founder’s indictment on related charges.

Further, Smith claims that Foster was the company’s president, but declined to disclose this fact. There is also a payment of $300,000 to an attorney with which Smith had no relationship, according to the R&B star.

In 2014, Smith changed business managers to Nigro Karlin of Segal Feldstein & Bolno. The new managing company began to “uncover potential improprieties” committed by Foster, Foster & Firm and V. Brown, according to the lawsuit. Smith is seeking $8 million for securities violations, fraud, conversion, negligence and breach of contract. Let’s take a look at the less common of these terms to consider how this lawsuit might play out.

Securities Violation

Securities are any type of financial instrument that represent some type of financial value, like stocks, bonds and notes. There are a number of types of securities violations, but the two that are most likely to apply in this case are “breach of fiduciary duty,” and “unauthorized trading.” Which one is applied may depend on the specifics of the case.

The latter, unauthorized trading, would only apply if it were to be revealed that Smith did not know Foster was investing $3.5 million in OXYwater. While trustees have some freedom to make prudent investments, they generally are not allowed to trade against the stock holder’s wishes.

The former, breach of fiduciary duty, applies to situations in which there is a conflict of interest. For example, if the allegation that Foster was president of a company in which he compelled Smith to invest without disclosing this fact, he would likely be found guilty of a breach of fiduciary duty.

Conversion

Conversion is defined as an unauthorized act that deprives an owner of property without consent. In this case, it seems that the two $400,000 loans are considered to have been “converted.” Conversion can apply in a wide variety of cases – even to a pizza delivery person who accidentally delivers a pie to the wrong address. In this case, however, the penalty would likely be much more serious.

The lesson learned here is to be very careful with whom you trust your money. It is a lesson that I suspect NeYo won’t soon forget.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: