Case 1:18-cv-07580 Document 1 Filed 08/20/18 Page 18 of 26
single adjudication, economy of scale, and comprehensive supervision by a single court.
79. Defendants have acted or refused to act on grounds generally applicable to the Class,
thereby making appropriate final and injunctive relief with respect to the Class.
TOLLING THE STATUTE OF LIMITATION
80. The applicable statute of limitation for each of the claims for relief asserted herein
have been tolled by Defendants' acts of fraud, concealment, and intentional misrepresentation as
described herein. Plaintiffs reasonably relied on the prior government investigations, which resulted
in the conviction of Defendants' co-conspirator, and could not have discovered, even after
exercising reasonable diligence, any of the claims for relief pleaded herein against Defendants prior
to the affidavit of Non-Party Hoffenberg, executed on August 17, 2018. Plaintiffs, in fact, did not
discover any of the claims for relief pleaded herein until after such time.
CLAIMS FOR RELIEF
FIRST CAUSE OF ACTION
(Fraud)
81. Plaintiffs repeat, reiterate and re-allege each and every allegation contained in all
preceding paragraphs with the same force and effect as if more fully set forth herein.
82. With the intent to derive the use, enjoyment and profits from TFC, Plaintiffs and the
Class, and with the intent to injure such individuals, Epstein actively participated in devising the
TFC Ponzi Scheme and he participated in acquiring assets and funds from such entities and
individuals though TFC for his own personal gain or use, or the gain or use of the Defendant
Entities.
83. Under the guise of acting on behalf of TFC, Plaintiffs and the Class, Epstein actively
participated in creating and executing several fraudulent Ponzi schemes.
84. Epstein concealed his actual intentions of converting the assets of TFC, Plaintiffs
18
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0088602
CONFIDENTIAL SDNY GM_00234786
EFTA01386764