Appointment of a Qyral Receiver has been requested as a part of ongoing proceedings between Hanieh Sigari and Darius Banasik.
Claiming third-party service suppliers had declined to adjust to a granted Momentary Restraining Order as a result of it was “not particular sufficient”, Sigari filed a movement requesting the TRO be modified on April fifth.
The aim of this software is to increase the T.R.O. to expressly direct third get together service suppliers to return management and/or funds of their possession to the corporate in order that the corporate can proceed to function.
This motion is required as a result of the service suppliers (who are actually Nominal Defendants within the First Amended Verified Criticism) have declined to adjust to the present T.R.O. as a result of it’s not particular sufficient on the difficulty of management/possession.
In an accompanying declaration in assist of her movement, Sigari additional asserted Qyral
will fail until quick motion is taken to protect its skill to pay distributors and consultants utilizing the funds (a whole lot of 1000’s of {dollars}) presently frozen with a number of third-party suppliers.
Over 800 orders haven’t shipped as a result of the pharmacies haven’t been paid as a consequence of [Banasik]’s misappropriation of funds and misappropriation of management. [Banasik] is now blaming me for the failure of the corporate to fill orders.
That is dangerous as a result of now we have to situation refunds within the tens of 1000’s of {dollars} or extra, and we’re receiving quite a few complaints and unfavorable on-line evaluations from clients.
Workers haven’t been paid as a result of [Banasik] initially drained the checking account and now the third events holding funds are freezing the funds wanted to pay workers, distributors, and consultants.
The third events collectively maintain an estimated $450,000.00 that we desperately have to make payroll, fee funds, and funds to distributors that collectively complete not less than $350,000.00.
Sigari claims, up to now, Banasik (proper) has misappropriated simply shy of $300,000 from numerous Qyral associated accounts.
[Banasik] retains mentioning a world settlement each time we elevate the topic of restoration of the accounts and firm– observe the taunting texts saying basically “good luck with Shopify chasing you for that $200,000!”
His intention seems to be to flee this example by holding the corporate hostage and capitulating me with concessions.
I’m not ready to do this or negotiate with somebody who’s principally holding a gun to my head.
The courtroom scheduled a listening to on Sigari’s movement for April ninth. On the listening to the courtroom took the matter underneath submission.
No adjustments to the present TRO have been accredited, and Banasik was ordered to file a movement to nominate a Receiver by midday on April tenth.
Later that very same day, April ninth nonetheless, a signed stipulation from each events was filed. The stipulation approved creation of an “escrow account for short-term holding pending the potential appointment of a Receiver”.
The stipulation was granted shortly after it was filed.
As directed to, on April tenth Banasik filed an emergency ex-parte movement requesting appointment of a Qyral Receiver.
Appointment of a receiver on this case is greater than applicable and is urgently wanted on this case.
Whereas the events are in disagreement about fairly a number of information on this case, one truth is indeniable: Qyral is liable to being diminished, misplaced, or squandered by their disagreements regarding possession and administration of the corporate.
Absent appointment of a receiver to imagine management over Qyral’s property and administration, the events will undergo irreparable hurt.
Certainly, Sigari herself has admitted as a lot, in her most lately filed Ex Parte Software To Modify Momentary Restraining Order on this case.
There’s a whole lot of discuss of financials in an accompanying declaration from Banasik, alleging a number of non-business associated bills charged to Qyral.
There’s additionally a disturbing allegation of fraud in acquiring prescriptions by Qyral.
I’m knowledgeable and imagine that Sigari instructed one in all her private mates, Emily Atwell, who didn’t qualify for prescription grade injectable weight reduction medicine with Qyral, so as to add dumbbells to Ms. Atwell’s pants to make Ms. Atwell seem heavier than she was, and to take an image of herself on a scale, with the added weight, and ship the fraudulent photos to falsely show to physicians that she was obese and wanted to inject herself with Qyral’s weight reduction merchandise.
Sigari talked about this scheme to customer support workers at Qyral, and posted an image of Ms. Atwell, which Ms. Atwell apparently despatched her, exhibiting Ms. Atwell hiding the weights in her pants.
Banasik concludes his case for a Receiver by stating;
For all the aforementioned causes, I imagine that until a receiver is appointed, and Sigari stays in ostensible operational management (notably the funds of the corporate), Qyral will stop operations.
Sigari has been directed to file a response to Banasik’s Receiver movement by April eleventh. Keep tuned for an replace over the weekend.