Sheree Mann

The Plaintiffs brought a motion for a Mareva injunction and ancillary relief, alleging a significant fraud where over $17,000,000 in investor funds were misappropriated from a litigation financing business and diverted to companies controlled by the Defendants to purchase real estate and other assets, resembling a Ponzi scheme.

The court granted the Mareva injunction, finding a strong prima facie case of fraud, a serious risk of asset dissipation (evidenced by attempts to sell properties and the defendants' lack of forthrightness), and that the balance of convenience favored the plaintiffs.

The court also ordered the net proceeds from the sale of a specific property to be held in trust and granted substituted service for two defendants.

The parties, married for 10 years without children, separated in 2013.

The applicant sought equalization, constructive trust, repayment of $100,000, lump sum retroactive spousal support, exclusive possession of the matrimonial home, and a permanent restraining order.

The respondent's pleadings were struck due to non-compliance with disclosure orders, leading to an uncontested trial.

The court granted equalization of $263,600.96 and ordered repayment of $100,000 to the applicant.

Claims for constructive trust, spousal support, and a permanent restraining order were dismissed.

The applicant was granted exclusive possession of her apartment in the matrimonial home for 60 days for transition, and excess rental income collected by the applicant was set off against the amounts owed by the respondent.