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Three Class Action Suits re: Brican America


 

Technically there appear to be three filed lawsuits, although two other sets of attorneys have stated they have filed, but copies were not recorded in Pacer.

Kenneth Catanzarite of Anaheim, California filed one naming only one defendant, Vijay Patel, who leased the Exhibeo System presented by Brican America, Miami, Florida, through Professional Solutions Finance Corp., a subsidiary of Professional Solutions, Des Moines, Iowa, including services from Viso Lasik Medspas and their affiliates, based in Miami, claiming the lease-sales program was "nothing more than a fraudulent Ponzi scheme." Viso Medspas are Lasik eye surgery centers that defendants (founders of Brican) Jean Vincens and Jack Lemacon's established in at least four states, according to the complaint.

Leasing News has written about the case between Brican America and PSFC and the claim about knowledge of a side letter that said if advertising payments did not come in to make the lease payments, Brican America would make the payments. What happened, they stopped, and various internet blogs brought both optometrists and dentists together to form class actions suits.

First to file was Ron Gossett of Gossett and Gossett, Hollywood, Florida, according to Pacer. At present he has 475 dentists and optometrist signed up with each paying a $1,000 retainer. There is a court filing in California with 50 name plaintiffs, who also have been assigned to Gossett. One of the main blogs started by Dr. Steve Bank, DDS, Port St. Lucie, Florida, called Brican Viso has 975 registered to date with both an internet and telephone phone tree contacting others. Stories are appearing in local dental and optometrists newsletters and the professional associations are getting involved.

There are also other attorneys who are taking cases in Illinois and other states, plus another class action suit under way lead by David H. Charlip, Hollywood, Florida. Originally Michael Witt, West Des Moines, Iowa was a co-counsel with Ronald Gossett, but has withdrawn due to the appearance of a potential conflict of interest.

Catanzarite Filing:
http://leasingnews.org/PDF/Brican_America_Calif.pdf
 

Gossett Filing:
http://leasingnews.org/PDF/brican_complaint310.pdf
 

California Filing (assigned to Gossett):
http://leasingnews.org/PDF/CalifCourtGossett.pdf
 

Brican America articles:
http://www.leasingnews.org/Conscious-Top%20Stories/brican_america.htm



Disclosure: no position