DISTRICT ATTORNEY'S OFFICE NEW YORK ... - Gudavadze

DISTRICT ATTORNEY'S OFFICE
NEW YORK COUNTY
IN RE: INVESTIGATIVE REFERRAL
ORDER OF HONORABLE BERNARD
J. FRIED, JSC
Honorable Cyrus R. Vance Jr.
District Attorney for New York County
BRIEF PURSUANT TO REFERRAL ORDER
This Brief is respectfully submitted pursuant to an Order of Hon. Bernard J. Fried, Justice
of the Supreme Court of New York County, entered on April 2, 2010 (See: Appendix, p. 1), referring
alleged criminal conduct of Martin Paul Russo (“RUSSO”), a New York attorney, and his client
Jean-Yves Haouzi (“HAOUZI”), to the Manhattan District Attorney’s Office for investigation.
SUMMARY
As alleged in the annexed affidavits, on March 31, 2010, RUSSO and HAOUZI,
accompanied by approximately twenty to thirty armed men invaded the premises of Ajna Bar
(“AJNA”); threatened AJNA’s employees; broke into the safe and removed over $50,000 in cash;
locked out AJNA’s legitimate management; intentionally and/or recklessly created a substantial risk
of physical injury to persons present during the RUSSO/HAOUZI raid; unlawfully detained AJNA’s
employees, took possession of AJNA’s property and confidential and proprietary documents;
without authorization gained access to AJNA’s computers and servers containing private data; and
engaged in other conduct proscribed by New York Penal Law, alleged hereinafter.
AJNA (formerly Buddha Bar NYC), is an internationally acclaimed dining and entertainment
establishment, regularly featured in major international media, including New York Times, New
York Post, USA Today, Bloomberg News, Newsday; and many others. AJNA is operated by Little
Rest Twelve, Inc., a New York Corporation (“LRT”). (LRT and AJNA are collectively referred to
as “AJNA”)
HAOUZI, a French National and non-resident alien is a former officer of LRT, fired in 2007
for theft and fraud, and named defendant in a civil action Little Rest Twelve v. Visan, Haouzi, et al.

Index No. 600676/2007 (Justice Fried).
RUSSO, a New York attorney, with the law firm of Gusrae Kaplan Bruno & Nusbaum
PLLC. (“GUSRAE KAPLAN.”) appears as attorney in the Little Rest Twelve action and several
related actions pending before Justice Fried.
Another attorney appearing in these actions, who, together with RUSSO and HAOUZI,
commanded the raid on AJNA’s premises is Sarah Khurana (“KHURANA”), also is with the law
firm of GUSRAE KAPLAN.
On April 1, 2010, AJNA brought the conduct of RUSSO, HAOUZI and their accomplices
to the attention of Justice Fried. Upon reading the Affidavit of Nina Zajic, AJNA’s CEO, and
preliminary hearing on the matter, the Court entered the Referral Order and directed the undersigned
attorneys for AJNA to present this Referral to the District Attorney for New York County for
investigation.
RAID UPON AJNA’S PREMISES BY RUSSO, HAOUZI, ET AL.
As stated in the affidavits of eyewitnesses, reproduced in the annexed Appendix, on March
31, 2010, at approximately 9:00 AM, HAOUZI, RUSSO and KHURANA, accompanied by a force
of twenty to thirty men armed with collapsing steel batons (collectively, the “Intruders”) broke into
the premises of AJNA, at the time when AJNA was closed for business. Intruders declared that
RUSSO was the “new owner” and KHURANA was of AJNA’s “new office manager”. RUSSO
falsely declared to AJNA’s financial controller that he had “a Court Order and full authority to
request all corp[orate] documents and access to everything on the premises.” KHURANA likewise
falsely represented that “she had a signed court order” and described the armed intruders as “city
marshals”.
One of the employees summoned the police. However, when police arrived at the scene,
RUSSO, falsely holding himself out to be the lawyer for AJNA, misrepresented to the police that
he had “authority from the Court” to enter the premises and to remove its management. Based on
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RUSSO’s misrepresentations and relying on his status as New York attorney, police declined to
intervene.
After Police left the scene, RUSSO’s and other intruders’ conduct had become emboldened
and more outrageous. Intruders threatened employees of AJNA by flashing their steel batons and
intentionally moving aside the flaps of their jackets displaying what appeared to be holstered
handguns. Intruders verbally assaulted and threatened employees of AJNA, removed AJNA’s CEO,
Nina Zajic (“ZAJIC”), and AJNA’s controller, Joseph Gill by physical force. At RUSSO’s and
KHURANA’s directions, armed men unlawfully detained several AJNA’s employees restraining
their movement by physical force, demanded that employees provide AJNA’s confidential and
proprietary financial records, combination to AJNA’s safe and passkey to AJNA’s computers.
RUSSO stated to employees that he “is running the show now” and, pointing at the armed men
accompanying him, repeatedly threatened the employees that the “big guys surrounding the premises
don't mess around”.
After being unable to obtain the combination to AJNA’s safe, at RUSSO’s directions, his
accomplices broke into the safe using a special drill, which the intruders brought with them.
Intruders cracked the safe and removed over $50,000 in cash and also removed confidential and
proprietary AJNA’s documents located in the safe. One of the intruders, appearing to be a “computer
engineer” accessed AJNA’s computers and servers and copied data on disks, which he brought with
him.
Notably, prior to the raid, HAOUZI, on numerous occasions, during the pendency of Little
Rest Twelve action, telephoned ZAJIC and David Kay, AJNA’s vice-president, in a threatening
manner, expressed his “displeasure” that the Court was “taking too long” to decide his claim to the
ownership of 15% of LRT. HAOUZI made threats that he would “expedite” this matter “in his own
way.”
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RUSSO, KHURANA, HAOUZI, AND THEIR ACCOMPLICES ENGAGED
IN CRIMINAL CONDUCT PROSCRIBED BY NEW YORK PENAL LAW
AJNA respectfully alleges that RUSSO, KHURANA, HAOUZI and their accomplices,
whose names are not presently known to AJNA, engaged in conduct violative of New York Penal
Law, including: § 120.14 - menacing in the second degree; § 120.15 - menacing in the third degree;
§ 120.20 - reckless endangerment in the second degree; § 135.05 - unlawful imprisonment in the
second degree; § 135.65 - coercion in the first degree; § 140.05 trespass; § 140.10 criminal trespass
in the third degree; § 140.17 - criminal trespass in the first degree; § 140.20 - burglary in the third
degree; § 140.25 - burglary in the second degree; § 140.35 - possession of burglar's tools; § 145.10 -
criminal mischief in the second degree; § 155.25 - petit larceny; § 155.30 - grand Larceny in the
fourth degree; § 155.35 - grand larceny in the third degree; § 155.40 Grand larceny in the second
degree; §156.10 Computer Trespass; § 156.05 Unauthorized use of a computer; § 156.30 Unlawful
duplication of computer related material in the first degree; § 160.05 Robbery in the third degree;
§ 160.10 Robbery in the second degree; § 160.15 Robbery in the first degree; § 165.40 Criminal
possession of stolen property in the fifth degree; § 165.45 Criminal possession of stolen property
in the fourth degree; § 165.50 - criminal possession of stolen property in the third degree; § 165.52 -
criminal possession of stolen property in the second degree; § 20.00 - criminal liability for conduct
of another; 190.26 - criminal impersonation in the first degree.
In addition RUSSO made false statements to police that he had an authority from the Court
to engage in the above described conduct.
CONCLUSION
Based upon the aforesaid, and the Referral Order AJNA respectfully requests that the
Manhattan District Attorney investigate this matter.
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Respectfully submitted,

STERNIK & ZELTSER
by: Emanuel Zeltser
Emanuel Zeltser, Esq.
119 West 72 nd Street
New York, NY 10023
t/f 212-656-1810
email: lawmail@rambler.ru
DATED: April 15, 2010
VERIFICATION
by David Kay
DAVID KAY, declares under the penalty of perjury:
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DAVIDOFF MALITO &
HUTCHER LLP
by: ____________________
William P. Walzer, Esq
200 Garden City Plaza, Suite 315
Garden City, New York 11530
tel.516.248.6400
fax: 516 -248-6422
wpw@dmlegal.com
1. I am vice president of Little Rest Twelve, Inc., a New York corporation, which operates
AJNA Bar.
2. I have read the Brief submitted to the Manhattan District Attorney pursuant to Referral Order
of the Court.
3. I personally witnessed many of the events described in the Brief.
4. I certify that all factual assertions in the Brief are true and correct to the best of my
knowledge and belief.
April 12, 2010
New York, NY
_______________________
David Kay