Attachment 6 EDNY Hodge v Cuomo 21-cv-01421 Complaint

Case 1:21-cv-01421-NGG Case MDL No. 3011 Document 1 25-6 Filed 03/17/21 Filed 06/24/21 Page 21 Page of 154 21 of PageID 154 #: 277
and the Party-in-Interest Defendants. There is a preponderance of evidence to connect
the March 25, 2020 Order to increase in income of the Owner Operator Defendants, no
different than what has been going on for decades. But now the spread of a virus has
ripped off the cover exposing the enterprise, an enterprise the operation of which is
traceable by a preponderance of evidence to State Officer Defendants.
37. This Complaint is intended to show what led to the employee Class members being in the
circumstances of absolute panic when disease began to spread in March of 2020. While
the full extent of damages to the Class Plaintiff is not presently known because events are
still unfolding, yet, when quantified is likely to be billions of dollars of damage to the
Plaintiff Class. Direct damages of diverted Plan assets, and consequential damages of
pain and suffering caused by the acts of the Owner Operator Defendants, Party-in-
Interest Defendants, and the State Officer Defendants as detailed in related EDNY Case
21-cv-01366, are set forth in the following categories:
• ........ $53 million admitted were diverted, converted, and embezzled Plan assets,
admitted by certain Employer Defendants in EDNY Case 2:20-cv-06291-GRB-AKT.
• ........ $68 million has been identified EDNY Case 2:20-cv-06291-GRB-AKT and this
Complaint, as recoverable from culpable parties for prohibited transactions with ERISA
Plan assets.
• ........ $30,155,137 in benefits paid to members of the employee Class which the
Employers in related EDNY Case 2:20-cv-06291-GRB-AKT failed to reimburse, for
which all of the Employers are jointly and severally liable.
• ........ $77,370,613 dollars to be paid into the Plan trust to cover future benefits as
actuarily projected and set forth in 2:20-cv-06291-GRB-AKT related EDNY Case.
• ........ $210 million for the loss of Plan assets in the amount of $68 million through and
by the RICO enterprise liability as described in this Complaint to be treble damages.
• ........ $500 million in consequential damages and pain and suffering to the members of
the Class Plaintiff, these damages expected to grow as events are unfolding and more
evidence is available to be quantified at the time of trial, expected to be paid to a fund to
be administered by a master for distribution to those members of the Class applying to
the fund and qualifying for compensation in accordance with processes and rules as
established by the Court for distribution.
38. The actions of the State Officer Defendants of Government Agencies described in this
Complaint show an identified conspiracy of the identified Government Agencies, acting
independently or in concert, or consciously disregarding the violation of the rights of
members of the Class plaintiff, entitling the members of the Class Plaintiff to damages
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