In a counterclaim filed towards Hanieh Sigari, Dariusz Banasik has revealed Qyral is “financially distressed”.
Banasik’s counterclaim was filed along with his April twentieth filed reply to Sigari’s lawsuit.
Sigari sued Banasik final month, alleging she was “illegally locked out” of Qyral.
In his reply to Sigari’s Grievance, Banasik (proper) denies the eight causes of motion Sigari filed towards him.
In his counterclaim, Banasik maintains he and Sigari “every personal 50% of the membership pursuits in Qyral”.
In or round mid-2018, Counterclaimant and Sigari decided to launch a enterprise advertising and promoting skincare merchandise.
Counterclaimant and Sigari shaped Qyral in 2019, with its give attention to promoting skincare merchandise.
Initially, issues didn’t go so nicely.
From its inception, Qyral struggled with the sale of skincare merchandise. From 2019 by way of 2022, the sale of the corporate have been as follows:
•2019: $1,500
•2020: $45,000
•2021: $44,000
•2022: $64,000
“Prescription grade” skincare merchandise have been introduced in as a part of “sure business modifications in telehealth because of COVID-19”.
Whereas gross sales picked up barely, the fortunes of the corporate remained challenged.
As a consequence of the corporate’s struggles, and on behalf of Qyral, Counterclaimant requested, and, over time, obtained $1,300,000 in financing from Banabrands LLC dba ecomblvd (“Bananrands’), an organization owned by Counterclaimant’s brother, Paul Banasik.
A further infusion of $50,000 in financing from different relations was additionally made to Qyral.
Against this, Sigari’s father funded $40,000, and was repaid on the finish of 2023.
Qyral pivoted to “off-label” weight reduction medication in early 2023.
Counterclaimant satisfied Sigari that in an effort to grow to be money stream constructive, Qyral wanted the burden loss product line, because it was not a sustainable enterprise, absent a launch of its weight reduction medicine.
The introduction of off-label weight reduction medication noticed Qyral generate $400,000 in income between March and April 2023. Banasik claims he was “intricately concerned” in setting the transition up.
From Could 2023, as soon as the burden loss idea appeared viable, Counterclaimant and Sigari labored collectively to construct out the infrastructure to get the product to prospects, and embody it as a part of the Qyral product providing.
Sigari dealt with the doctor community, gross sales crew, and authorized points related to medical merchandise; Counterclaimant dealt with the pharmacy community, customer support, fee funds to consultants, and operations infrastructure.
With that construction, Qyral scaled the customer support crew to fifteen individuals in six months. Projected income for 2023 is forecasted to be 4,200,000, due largely to Counterclaimant’s work.
Furthermore, Counterclaimant structured a nonetheless pending Joint Enterprise settlement with an Arizona-based pharmacy that will “white label” its companies, enabling Qyral to not solely be a model, however a pharmacy, additional establishing Qyral’s legitimacy within the market, as this might be a primary of its type vertical integration.
This settlement can be anticipated to chop our greatest value, product prices, by 50%.
With the pharmacy deal nonetheless pending, Qyral in the meantime stays “financially distressed”.
Whereas Qyral enjoys substantial revenues and realized a cumulative gross revenue of $1,583,547.11 for the interval of January 2023 by way of February 2024, Qyral’s cumulative web revenue over these 13 months is $-135,595.89.
Certainly, apart from July 2023, November 2023, and January 2024- three months- its web revenue was detrimental each month through the 13-month interval.
The present steadiness sheet signifies that Qyral has present belongings retaining a price of $884,334.65, towards whole liabilities of $1,449,889.83. By any definition, Qyral is financially distressed.
Banasik goes on to say that regardless that Qyral is “functionally insolvement”, Sigari
defrauded the corporate, breached her fiduciary duties as an LLC member and supervisor, and risked litigation publicity previous to the graduation of this case.
These claims are a repeat of arguments Banasik introduced up in opposition to the appointment of a Qyral Receiver.
Moreover, Qyral’s ongoing enterprise bills seem like going ignored.
Sigari has didn’t pay main firm money owed as they’ve come due.
For instance, whereas she was basically looting the corporate for her private profit, Sigari failed and refused to pay Qyral’s distributors. One vendor, Hallandale Pharmacy- the first pharmacy Qyral uses- was owed roughly $200,000 as late as March 22, 2024. The co-owner of Hallandale unsuccessfully tried, for weeks, to deal with this steadiness, Sigari merely ignored this most essential pharmacy’s inquiries.
Worse, when Counterclaimant questioned certainly one of Qyral’s staff relating to this excellent debt, the worker, Samira Fatehyar, confirmed by textual content that Sigari had instructed her to not disclose pharmacy points with Counterclaimant.
Tips set by the CDC, with respect to Qyral’s product shipments, are additionally alleged to have been ignored.
Counterclaimant is knowledgeable and believes, and thereon alleges, that Sigari has endangered Qyral prospects in an effort to proceed to develop income by overseeing the prescription of prescribing drugs to people that didn’t qualify for it.
Software program builders have been instructed by Sigari to not ship Physique Mass Index data for a minimum of one buyer to physicians, out of an obvious concern that as a result of she was apprehensive the client can be disqualified from the medicine.
Banasik claims he’s been locked out of “vital Qyral administrative databases”, and that Sigari
is, or has, tried or contemplated opening up an organization in the identical line of enterprise as Qyral, and has downloaded Qyral’s buyer database for that function.
Claims of Aid put forth by Banasik in his countersuit embody:
- breach of fiduciary responsibility;
- conversion; and
- unjust enrichment.
Banasik has additionally requested the court docket to “expell” Sigari from the LLC tied to Qyral.
And, considerably oddly, Banasik has additionally requested a Receiver be appointed. I’m undecided how that components right into a Qyral Receiver having already been appointed earlier this month.
A choice on Sigari’s beforehand filed contempt software and requested preliminary injunction stays pending.