•2•7,:'''," • It , '" Electronically Filed 10/02/2013 11:14:41 AM ET Case No.; 09-062943 (19) Amended Complaint COUNT 174 - AIDING AND ABETTING FRAUD (against Soinosal 1372. plaintiff incorporates the allegations contained in paragraphs 1 through 121 as if restated herein. 1373. This is a claim for aiding and abetting fraud. C 1374. As described more fully above, the deals in which D3 invested wore bogus and • Rothstein was operating a Ponzi scheme through his fin% RRA, and throut TDBank. i..) 1375. Spinosa knew of Rothstein's fraudulent scheme 1376. Spinosa actively assisted, and provided substa financial exploitation of D3 through fraud. Svinosa's ass•tifi \ istanee, to Rothstein in his • luded. but was not limited to, supplying D3 with false bank account statements and rm leading and untrue written assurances concerning the settlement accounts. 1377. Spinosa's actions have directly caused injury and damage to D3. WHEREFORE, D3 CAPITAL CLUB, LLC requests judgment against A. SPINOSA for compensatory damages, together with court costs and such further relief as the Court deemssroper. UNT lAX4V175 -AIDING AND ABETTTING FRAUD (against Jennifer Kerstetter) plaintiff incorporates the allegations contained in paragraphs I through 444111 as if restated herein. 1379. This is a claim for aiding and abetting fraud. 1380. As described more fully above the deals in which D3 invested were bogus and Rothstein was operating a Ponzi scheme through his firm. RRA, and through TD Bank. Page 214_91289 EFTA02773493