(dtofCR LIO SOO Electronically Filed 10/02/2013 11:28:04 AM ET Case No.: 09-062943 (19) Amended Complaint 1677. As described more fully above, the deals in which BFMC invested were bogus and Rothstein was operating a Ponzi scheme through his firm. RRA. and through TD Bank. 1678. Spinosa knew of Rothstein's fraudulent scheme. 1679. 5pinosa actively assisted, and provided substantial assistance, to Rothstein in his financial exploitation of BFMC through fraud. Soinosa's assistance included, but was not limited to, supplying BFMC with false bank account statements and misleading and untrue written assurances concerning the settlement accounts. 1680. Spinosa's actions have directly caused injury and damage to BFMC. WHEREFORE. BFMC INVESTMENT. LLC, fewest judgment against A. r SPINOSA for compensatory damages togetherkj ith NEosts and such further relief as the Court deems proper. AND ABETTING FRAUD COUNT €718 - A4 (against TD Bank, N.A.) 1681. Plaintiff incorporates the allegations contained in paragraphs I through 1443121 as If restated herein. 1682. This is a claim for aiding and abetting fraud. 1683. and Rothe • described more fully above, the deals in which Razorback invested were bogus as operating a Ponzi scheme through his firm, RRA, and through TD Bank. . At all times material hereto Spinosa was acting in the scope of his employment for TD Bank. 1685. TD Bank knew of Rothstein's fraudulent scheme. 1686. TD Bank, through Spinosa, actively assisted, and provided substantial assistance, to Rothstein in his fi nancial exploitation of BFMC through fraud. TD Bank's assistance Page 253 of 289 EFTA02772601