Manhattan Club Lawsuit

I think you need to contact the AG to be included in the suit, I don't think posting here is sufficient. I recall responding to an email to be included and filled out information.

nancyfj wrote:

Please include me in the class action lawsuit against the Manhattan Club.

nancyfj wrote:

Please include me in the class action lawsuit against the Manhattan Club.

there is no current "class action lawsuit against the Manhattan Club."...the new york state attorney general represents only the state of new york, per se, in his suit against the manhattan club..... not the shareowners in the manhattan club. shareowners, if schneiderman wins this case, will get only residual benefits, if any, pending the judge's stipulations at sentencing. if the judge's findings are not beneficial to shareowners, we will, if we desire, need to hire our own attorney to establish a class action suit against eichner and gang.

the nysag had us fill out questionnaires only to strengthen his case against the manhattan club, and only for him and his office to benefit from a guilty verdict. it's an "iffy" question as to whether we owners will benefit from schneiderman's winning the case.

time will tell.

keep in touch.

peaceful, happy thanksgiving to all.

chrisv126

Don't pay any fees! Per our NYS/SC/Fl licensed attorneys. They have helped many other TMC owners get out of their contracts and financial obligations.

deborahs528 wrote:

I can't answer this question...but I do know if one doesn't pay the fees, late/penalty fees are levied against you, as several owners can attest. I think about, what if we have an advantageous outcome re: the AG investigation. Will it hurt me if I haven't paid the fees. Even though they have committed fraud, we have signed contracts and are obligated to pay. I pay my fees and continue to enjoy the place once a year. I am being patient and trusting there will be an advantageous outcome for the owners. This obviously is a very personal decision for all.

vibhavarys wrote:

By not paying fees , anyone think will be some consequences ? I am due to pay it in Dec . I am not planning to pay it , so if any one knows more about it , pl let me know .

I understand that the AG represents only the state of New York. If he is pursuing a civil action, you still have the question of what relief the AG will seek. If he is successful in getting a remedy that will require the defendants to give up their wrongful gains, wouldn't the money be distributed to the injured parties -- i.e., us? (Even in a criminal action, might a plea bargain include conditions requiring relief to the injured parties?)

I read with interest a magazine account of a pending case filed by Attorney General Schneiderman -- against Donald Trump with respect to allegedly fraudulent claims regarding the content and value of academic programs of Trump University and the personal involvement of Donald Trump himself. While there was an initial civil class action, which Schneiderman “largely piggybacked on,” the Attorney General does seem to be concerned with obtaining relief to the injured parties. I base this on the fact that although a trial-court judge ruled that the alleged victims were barred by the expiration of the statute of limitations, “the attorney general has appealed the decision.” [This information comes from TIME Magazine, November 16, 2015, p.46.] If he is successful, the alleged victims should be able to seek relief (and with the benefit of whatever findings the court makes on the merits of the AG's allegations).

The TIME article [p.48] also recites Trump’s unsuccessful efforts to be dismissed personally, on the grounds that Trump University was owned by a for-profit limited-liability corporation and not by him. Both Donald Trump’s ownership interest (through shell corporations) and his personal participation in marketing of the University’s programs played a role in the trial judge’s denial of Trump's motions to be dismissed.

(The reference above to the statute of limitations suggests that it might be a good idea to proceed with a class action on behalf of the owners. Would we be able to (and should we) obtain the services of a qualified law firm on a contingency basis? The potential recovery might make that an attractive opportunity.)

I did a quick Google search about the Bernie Madoff litigation and found this reference to the Attorney General’s role: The complaint charges Merkin with violations of the Martin Act for fraudulent conduct in connection with the sale of securities; with other statutory violations for "persistent fraud in the conduct of business"; and with violations of New York’s Not-for-Profit Corporation Law and breaches of fiduciary duty in connection with Merkin’s service on the boards of certain nonprofit entities. The complaint seeks payment of damages and disgorgement of fees, restitution and other equitable relief. [http://www.dandodiary.com/2009/04/articles/madoff-litigation/nyag-civil-fraud-action-against-merkin-some-interesting-insurance-questions/ ]

If the Attorney General there sought “payment of damages and disgorgement of fees, restitution, and other equitable relief” in that civil action [and I assume that the AG here is also pursuing a civil (rather than criminal) case], what leads us to think that he would not do likewise here?

jamesw948

* * * *

chrisv126 wrote:

nancyfj wrote:

Please include me in the class action lawsuit against the Manhattan Club.

there is no current "class action lawsuit against the Manhattan Club."

the nysag had us fill out questionnaires only to strengthen his case against the manhattan club, and only for him and his office to benefit from a guilty verdict. it's an "iffy" question as to whether we owners will benefit from schneiderman's winning the case.

time will tell.

keep in touch.

peaceful, happy thanksgiving to all.

chrisv126

COURT HEARING DATE CHANGED!!!!!

MANHATTAN CLUB/NEW YORK ATTORNEY GENERAL COURT DECEMBER 1, 2015 HEARING POSTPONED TO JANUARY 15, 2016.

COURT HEARING DATE CHANGED!!!!!

MANHATTAN CLUB/NEW YORK ATTORNEY GENERAL DECEMBER 1, 2015 COURT HEARING POSTPONED TO JANUARY 15, 2016.

This investigation is taking much too long. It has killed any chance of reselling our units. Is there a higher authority than the NY AG to whom we can turn for help?

irenes93 wrote:

COURT HEARING DATE CHANGED!!!!!

MANHATTAN CLUB/NEW YORK ATTORNEY GENERAL DECEMBER 1, 2015 COURT HEARING POSTPONED TO JANUARY 15, 2016.

Irene--Do you have any idea what prompted this continuance? Carol

irenes93 wrote:

COURT HEARING DATE CHANGED!!!!!

MANHATTAN CLUB/NEW YORK ATTORNEY GENERAL DECEMBER 1, 2015 COURT HEARING POSTPONED TO JANUARY 15, 2016.

thank you...that is helpful to know as I had no luck faxing my letter to Judge Rakower, tried 10 times...so I will mail on monday!!

Just an update from our legal advisor. He recommends that we all send mail (snail mail is fine) to: Justice Eileen Rakower, Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013 The case number is 451536/2014 and the case title is Schneiderman v. Eichner. A few paragraphs about your story with TMC is fine. And the more people who write the better. Happy Thanksgiving to all. We will prevail. Jonathan

Here's the address to write to for The New York Attorney General versus The Manhattan Club case:

Justice Eileen Rakower, Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013 The case number is 451536/2014 and the case title is Schneiderman v. Eichner. A few paragraphs about your story with TMC is fine. And the more people who write the better.

Charlotte,

We live in CT and have been owners since 2004. We own one week considered "flex time" (seven nights) at TMC. That is how it was packaged and present at the time we purchased. To use in two, three or four times to travel into NYC to use the timeshare. Whenever, we have decided to keep our timeshare at TMC and not trade into RCI or exchange, we have not been able to use all seven nights ever! We on three different occasions have lost 3-4 nights each time because of the lack of space of rooms being available. I tried two months out for a two night, or two weeks out, three months or tree days, several different scenarios to try to get a night out of the reservations department. It just never seemed to come to fruition. They would tell me to call back everyday or next week etc. or to change dates, or to give nights away to family members or friends. That would still not have helped in being able to use our timeshare (Suite/room), but would shown as a way of our "giving away" our remaining nights before expiration date and our friends or family would have had the same type of experience. I would not do that to a family member or friend. It was their approach to resolving the situation of overbooking our timeshare to the public and just telling our "family or friends there was no availability. So my answers being, No, we did not ever to get use all seven nights of our timeshare ownership when we did not trade. After three times (years) with the same result we traded in our week to RCI with the hopes and added expense an RCI membership to trade-in to travel on RCI. That had it's own situation with added expenses and problems as well.

Contact NYAG office (you can look up on the net for address or phone number for the NYAG office to have survey emailed to you) the survey was sent out to owners a few months ago (in August?). If you want to be included in the bulk of owners who feel they were misrepresented with their purchase at TMC. That is really the only recourse at this time that you have until this gets resolved one way or another. It's a wait and see situation for all of us as owners TMC.

Carol,

I don't know what prompted the continuance.

Irene Smalls

irenes93 wrote:

Here's the address to write to for The New York Attorney General versus The Manhattan Club case:

Justice Eileen Rakower, Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013 The case number is 451536/2014 and the case title is Schneiderman v. Eichner. A few paragraphs about your story with TMC is fine. And the more people who write the better.

Here is the letter I'm sending to the judge. Everyone is free to borrow from it as needed.

November 27, 2015

Justice Eileen Rakower Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013 Re: Case # 451536/2014 Schneiderman v. Eichner Dear Judge Rakower:

As you are certainly aware, The Manhattan Club is now the subject of an extensive civil and criminal fraud investigation by the NY Attorney General.

I wanted to write directly to you before you hear arguments from Mr. Eichner requesting that he be dropped from the AG's investigation. We feel that Mr. Eichner, members of his family, and close circle of associates have played a direct role in carrying on a huge timeshare fraud, and should be held personally responsible for the improper or criminal actions carried out on their behalf.

My wife and I have personally suffered from the fraudulent conduct of the Eichner family, The Manhattan Club, and its related companies. While still living in NY, we purchased 2 timeshare units at The Manhattan Club in 2005, and entered into a financing purchase agreement for one of the units through The Manhattan Club's finance arm, O. Park Central. Unfortunately, we learned right after we purchased that the sales pitch was blatantly false. Rooms were never available to us when we called to try to reserve, no matter how far in advance we tried to book. Rooms are literally NEVER available to owners. We were mislead by sales representatives during the purchase of our units and we have been denied the right to use our units for 10 years through a scheme to manipulate the issuance of room reservations which denied owners access while making rooms readily available to cash paying, non-owners through various Internet based hotel reservation sites.

My wife and I have excellent credit, and for 10 years we have diligently paid The Manhattan Club on time. However, we have come to realize that The Manhattan Club and its timeshare operation is nothing more than a "Ponzi Scheme." Proceeds from timeshare sales, per diem room rentals, and annual maintenance have been siphoned away from legitimate uses in the operation of The Manhattan Club, and paid to the Eichner family and other insiders through shell companies. We have decided not to be ripped off any longer. We have reached the end of a reasonable person's ability to accept such dishonest and fraudulent treatment. We have paid like clockwork for 10 years for the use of a timeshare which we have been routinely cheated out of.

As a result of the fraudulent conduct perpetrated against us by The Manhattan Club and its affiliates as well as the NY Attorney General's allegation of fraud and other criminal conduct, I urge you to hold all the parties named in the Attorney General's complaint personally responsible for their fraudulent actions in the improper sales and operation of The Manhattan Club timeshare.

Sincerely yours,

Robert A. Biello

Thank you for sharing your very well written letter. I find it summarizes the situation concisely without getting sidetracked into the name calling that is all too common here. Rather than ask everyone interested in this matter to write their own letter, have you considered redrafting this as a petition? Judge Rakower will probably be more influenced by the number of owners responding than by the ad-hominem attacks on Eichner and gratuitous comparisons to Madoff. By the way, thank you for following the case and providing the link to the NYAG documentation. It should be required reading for anyone interested in their Manhattan Club investment.

robertb1802 wrote:

irenes93 wrote:

Here's the address to write to for The New York Attorney General versus The Manhattan Club case:

Justice Eileen Rakower, Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013 The case number is 451536/2014 and the case title is Schneiderman v. Eichner. A few paragraphs about your story with TMC is fine. And the more people who write the better.

Here is the letter I'm sending to the judge. Everyone is free to borrow from it as needed.

November 27, 2015

Justice Eileen Rakower Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013 Re: Case # 451536/2014 Schneiderman v. Eichner Dear Judge Rakower:

As you are certainly aware, The Manhattan Club is now the subject of an extensive civil and criminal fraud investigation by the NY Attorney General.

I wanted to write directly to you before you hear arguments from Mr. Eichner requesting that he be dropped from the AG's investigation. We feel that Mr. Eichner, members of his family, and close circle of associates have played a direct role in carrying on a huge timeshare fraud, and should be held personally responsible for the improper or criminal actions carried out on their behalf.

My wife and I have personally suffered from the fraudulent conduct of the Eichner family, The Manhattan Club, and its related companies. While still living in NY, we purchased 2 timeshare units at The Manhattan Club in 2005, and entered into a financing purchase agreement for one of the units through The Manhattan Club's finance arm, O. Park Central. Unfortunately, we learned right after we purchased that the sales pitch was blatantly false. Rooms were never available to us when we called to try to reserve, no matter how far in advance we tried to book. Rooms are literally NEVER available to owners. We were mislead by sales representatives during the purchase of our units and we have been denied the right to use our units for 10 years through a scheme to manipulate the issuance of room reservations which denied owners access while making rooms readily available to cash paying, non-owners through various Internet based hotel reservation sites.

My wife and I have excellent credit, and for 10 years we have diligently paid The Manhattan Club on time. However, we have come to realize that The Manhattan Club and its timeshare operation is nothing more than a "Ponzi Scheme." Proceeds from timeshare sales, per diem room rentals, and annual maintenance have been siphoned away from legitimate uses in the operation of The Manhattan Club, and paid to the Eichner family and other insiders through shell companies. We have decided not to be ripped off any longer. We have reached the end of a reasonable person's ability to accept such dishonest and fraudulent treatment. We have paid like clockwork for 10 years for the use of a timeshare which we have been routinely cheated out of.

As a result of the fraudulent conduct perpetrated against us by The Manhattan Club and its affiliates as well as the NY Attorney General's allegation of fraud and other criminal conduct, I urge you to hold all the parties named in the Attorney General's complaint personally responsible for their fraudulent actions in the improper sales and operation of The Manhattan Club timeshare.

Sincerely yours,

Robert A. Biello

Great idea let all owners sign it at least those we know. Thanks

Excellent letter, Robert! You said it all and most articulately. Thank you!

hey sylviam92................. great idea. count me in...........i wish my signature could be the first, but i'll settle for the "most influential" or at least second best. NO KIDDING, AGAIN.............COUNT ME IN WITH AN ELECTRONIC (OR SOME OTHER WAY TO DESCRIBE AN AUTOMATIC SIGNING) SIGNATURE.

keep in touch.

chris

chrisv126

sylviam92 wrote:

Great idea let all owners sign it at least those we know. Thanks

Great idea! I will sign!

I will sign letter.