Complaint: Jagdish H Goswami, 59 years old, lives in Davis, CA. The information below are only SOME of the activities he’s been involved in. There are some clear facts supporting these allegations on the face of the complaint (very notably that there was a jury verdict against Jagdish on the underlying state lawsuit, finding against him on all claims and in favor of his partner Bastan on all claims – the crux of the lawsuit was that Jagdish breached the partnership agreement with Bastan through various fraudulent activities, like misappropriating funds for his personal use, misrepresenting the need for capital contributions to induce his partner to contribute large amounts of money, and obtaining a license to open two competing facilities in his own name, without Bastan’s consent or knowledge and proper partnership approval). When Bastan asked about the licensing, Jagdish misrepresented to him that the license had to be in his individual name rather than the partnership’s. As required in a complaint for fraud, this is thoroughly detailed, and some things easily match up with other sources like his bankruptcy petition (for example new complaint is alleging that Jagdish left the partnership in 2011 without notice and took the existing property funded by Bastan’s personal money, such as office equipment and furnishings to use in his personal home or his competing businesses. He claimed this approx. $4,000 in office furniture as exempt property, and Bastan is claiming this is misappropriated property). After doing some comparing of the bankruptcy petition and his resume, it seems that he both affirmatively misrepresented parts of his work experience on the resume and concealed certain negative things (for example he lists experience as Executive Director with a residential care facility he operated in Davis from 2008-2013, while the bankruptcy petition he filled out under penalty of perjury states that he was not currently employed at the time of filing bankruptcy in October 2012. Also he represents himself as working at one care facility, but if the allegations in this new complaint are all true he was involved with 3 different facilities – the partnership facility and the 2 self-dealing competing facilities). The bankruptcy petition was not just a response to losing this state lawsuit and on that verdict owing approx. $173,000 to Bastan, but there were also other debts such as another $50k business loan, $50k in unpaid attorney’s fees, outstanding balances on several consumer credit cards, unpaid student loans etc. There were other affirmative misrepresentations and material omissions that are set forth in this complaint that The underlying state lawsuit says a lot that a jury found against him for all claims including that he made many material misrepresentations and concealment, misappropriated partnership funds, usurped partnership opportunities and engaged in self-dealing and competition without partnership consent. The debt amount Bastan is seeking is non-dischargable under federal bankruptcy laws because it was resulting from fraud. This issue brings up valid concerns, obviously having him in a position where he has access to financials, bank accounts, or various assets, should be seen as a risk with potential liability. In addition to worrying about him wrongfully misappropriating money or assets, there are other risks of having him acting in a managerial capacity where he is dealing with vendors, clients, business partners, other third parties etc. there is the potential that he could be presented with and choose to usurp a business opportunity that should properly belong to the business, or otherwise engage in self-dealing or direct competition with the company. There is the risk, for example, that protected patient information may be sold off, or other decisions may be made that are in his best interests rather than the company’s. Overall there is the need to be very careful in taking as true any material representations he makes, in relation to finances or otherwise, as there is a vast history of fraudulent misrepresentations and concealment of true intentions on his part.

Tags: Nursing Homes

Address: Davis, California USA