AKISHEV v. KAPUSTIN

Civil Action No. 13-7152(NLH)(AMD).

Ardak Akishev, et al., Plaintiffs, v. Sergey Kapustin, et al., Defendants.

United States District Court, D. New Jersey.

December 16, 2015.


Attorney(s) appearing for the Case

ARDAK AKISHEV, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

ZHANDOS ALIAKPAROV, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

ALEXEY BATALOV, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

IGOR GLAZUNOV, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

ANDREY KIRIK, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

NATALIA KIRIK, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

EVGENIY KONDRATUK, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

EDUARD LISITSYN, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

VIKTOR MANIASHIN, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

MIKHAIL MATVEEV, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

YURIY YAMKOVIY, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

ALLA YAMKOVAYA, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

IRINA GLAZUNOVA, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

EVGENIY BORZENKO, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

ARKADIY KOLBIN, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

VLADIMIR LUKYANOV, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

ALEXANDER PUKIR, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

EVGENIY TELIN, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

ALEXANDER ZHILINSKIY, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

ELENA ZVEREVA, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

MIKHAIL ZVEREV, Plaintiff, represented by ANNA V. BROWN , BROWN LEGAL CONSULTING LLC & MARIA TEMKIN , BROWN LEGAL CONSULTING.

Attorney Jeff Goldsmith, Intervenor Plaintiff, represented by NELLIE KRIVOSHEYEV .

SERGEY KAPUSTIN, Defendant, Pro Se.

IRINA KAPUSTIN, Defendant, Pro Se.

VLADIMIR SHTEYN, also known as VLADIMIR SHTEIN, Defendant, represented by SCOTT ALAN KRASNY , FURLONG & KRASNY, ESQS..

MICHAEL HITRINOV, also known as MICHAEL KHITRINOV, Defendant, represented by JON WERNER , LYONS & FLOOD LLP.

G AUTO SALES, INC., Defendant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

GLOBAL AUTO, INC., Defendant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

EFFECT AUTO SALES, INC., Defendant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

SK IMPORTS, INC., Defendant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

EMPIRE UNITED LINES, CO., INC., Defendant, represented by JON WERNER , LYONS & FLOOD LLP.

Attorney Jeff Goldsmith, DK International Trading Inc., Creditor, represented by NELLIE KRIVOSHEYEV .

DK International Trading Inc., Intervenor, represented by JEFF H. GOLDSMITH .

TRUSTEE JEFFREY A. LESTER, Interested Party, represented by JONATHAN I. RABINOWITZ , RABINOWITZ, LUBETKIN & TULLY LLC.

JEFFREY LESTER, ESQ., Interested Party, represented by BARRY J. ROY , RABINOWITZ LUBETKIN & TULLY LLC.

NORDEA BANK FINLAND PLC, NEW YORK BRANCH, Interested Party, represented by KEVIN TIMOTHY SULLIVAN , ARNOLD & PORTER LLP.

VLADIMIR SHTEYN, Cross Claimant, represented by SCOTT ALAN KRASNY , FURLONG & KRASNY, ESQS..

EMPIRE UNITED LINES, CO., INC., Cross Defendant, represented by JON WERNER , LYONS & FLOOD LLP.

MICHAEL HITRINOV, Cross Defendant, represented by JON WERNER , LYONS & FLOOD LLP.

GLOBAL CARS, INC., Cross Claimant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

G AUTO SALES, INC., Cross Claimant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

EFFECT AUTO SALES, INC., Cross Claimant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

GLOBAL AUTO, INC., Cross Claimant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

EMPIRE UNITED LINES, CO., INC., Cross Defendant, represented by JON WERNER , LYONS & FLOOD LLP.

MICHAEL HITRINOV, Cross Defendant, represented by JON WERNER , LYONS & FLOOD LLP.

G AUTO SALES, INC., Cross Claimant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

GLOBAL AUTO, INC., Cross Claimant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

EFFECT AUTO SALES, INC., Cross Claimant, represented by IGOR A. VOLOSHEN , VOLOSHEN DIVINSKY & ASSOCIATES.

EMPIRE UNITED LINES, CO., INC., Cross Defendant, represented by JON WERNER , LYONS & FLOOD LLP.

MICHAEL HITRINOV, Cross Defendant, represented by JON WERNER , LYONS & FLOOD LLP.


OPINION

This case concerns a "bait-and-switch" fraudulent scheme masterminded and operated by defendant, Sergey Kapustin, through deceptive advertising aimed at luring international customers to wire funds for automobile purchases and then switching to higher prices, misrepresenting mileage, condition and...

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