Lawsuit in Florida - alleged fraud in sale of Fabrege - Case settled - post #340

Not as far as I know, and if it were true, there would be an awful lot of professionals set down. This scheme is an old one. Caroline was just careless in her execution. Scott Brash got sued for the same thing.

There are laws in the state of Florida regarding equine sales and disclosure of commissions, but I am guessing Alice came out way ahead with this civil suit versus getting someone convicted of being a scuzzy horse seller. She’s not dumb.

If if there were these rules, it would have been more likely the federation could sanction if they HADN’T settled because the deposition and facts would be on record. A settlement is not an admission of guilt so the federation can’t sanction something they can’t prove. In the case of the horse killings, those people were federally convicted of insurance fraud involving abuse of the horse so the action was proven guilty. In this case it was an allegation.

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Roffman blinked.

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This is one of the many reasons I’m not in the horse business anymore. There are few honest people out there anymore. :frowning:

Tell me about it. I have been told I am TOO honest when selling a horse. I don’t think that is possible! I want someone considering one of my horses to know EVERYTHING good or bad about the horse. Otherwise a) its a waste of my time, b) its a waste of their time and c) I don’t want to place a horse in a home unprepared for anything and I want the horse to have a committed, long term home. Seems there are few honest people left though. I wish more people considered the 3 points above when trying to sell or place a horse.

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“Caroline asked for the ownership papers to be sent to an address in Wellington that turned out to be owned by her father.”

I am assuming by “ownership papers”, they mean breed registration papers, which would have been American Hanoverian Society. If a change of ownership was recorded with AHS, then who was listed as the new owner - Peter Eeckman, or Bethany Peslar / Everglades Dressage? If AHS ownership went directly from Tarjan to Peslar, that would be even more evidence of fraud by Roffman.

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I think you have it backwards. If the ownership went directly from Tarjan to Peslar, that is the correct interpretation according to what Tarjan was told (horse was sold from Tarjan to Peslar with Roffman as agent). Where it gets complicated is what Peslar was told. It would be proof of Tarjan’s claim if the papers were transferred to anyone OTHER than Peslar before being transferred to Peslar.

Given how slow the registries are, I wouldn’t really find anything untoward about this particular piece of information. Papers are sent from one owner to the next owner all the time and those papers may not even have the current owner’s info so long as they have a bill of sale for the horse. Ownership transfers with the registries are not recorded nearly as often as breeders wish they were.

No, you have it backwards.
Tarjan was told the horse was sold to the guy in Belgium for $300K. What she found out later was the horse was actually sold to Peslar for $900k. That’s what brought about the lawsuit. Roffman supposedly kept the extra $600K. So the papers being transferred directly to Peslar would confirm the fraud, since it is different than what Tarjan was told.

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Incorrect. Roffman told Tarjan the mare sold to Peter Eeckman of Belgium, for $300,000. Tarjan contended in her lawsuit that the actual buyer was Bethany Peslar / Everglades Dressage, and the actual price was $900,000.

Roffman told Tarjan to send the ownership papers to an address that turned out to be Roffman’s father. American Hanoverian Society, who issued the registration papers, requires a Transfer of Ownership form be filed in order to transfer the registration to the new owner. The form specifies the name/address/contact info of the buyer, and it must be signed by both the seller (owner of record), and the buyer. It also contains this clause just before the signature line:

I (We) certify that all information on this form is, to the best of my knowledge, true and factual. I (We) do further hereby transfer and assign all rights to this horse/foal to the person(s) the listed above as the buyer.

So if Pesslar’s name was on it as buyer, and she signed it as buyer, that would in fact have been additional ammo for Tarjan.

Also - the very fact that Roffman asked for the ownership (registration) papers, indicates that she knew the buyer intended to transfer the registration. Don’t forget that Pesslar’s trainer is Roffman’s ex-partner, Endel Ots, and he has bought enough horses in Europe to well understand the importance of registration papers.

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Amazing how well documented this train of events was, given the paperwork that is supposed to help prevent such behavior. Not exactly a vague she-said/she-said.

What effect is this likely to have on Roffman’s career in the industry? Any at all?

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It likely won’t have any effect. Apparently this isn’t the first time she’s pulled this scam, just the biggest $ amount so far. She’ll continue selling high dollar horses and raking in the cash while those of us whom are honest and try to do right by our clients continue to scrape by barely making a living. Makes me wonder if it’s actually worth it, being honest in this business.

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Dressurpferd01, I know I must sound hopelessly naive, but yes it IS worth being honest. What goes around comes around eventually. And I’m thinking you sleep well knowing you have done good. Salute!

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It’s all down to personal morals. I REALLY do not care to know people like Roffman.

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So obviously the person who paid the $900K now knows the horse was originally about 1/3 the price. Would this person not have any concern as far as how this played out or are they so filthy rich and maybe has a relationship with Roffman that they don’t care?

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just a thought: buyer for $900k doesn’t have relationship w/ Roffman but now employs Endel Ots, who was Roffman’s partner for a while. If she got the trainer and the horse for $900k, she may think its a bargain. :yes:

If it were me, I’d take a long hard look at my new trainer, wondering what habits he picked up from his former partner.

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Well, not really. Tarjan stated in the suit that she thought the offered price was low and Roffman basically told her the horse had a bad canter and changes and that was the most she could get for her. Who knows what the horse would have sold for with an honest agent.

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I don’t think he’s just her trainer…

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my point exactly…two for one.

The article linked from the post that the settlement was done.
http://dressage-news.com/2018/03/05/caroline-roffman-horse-sale-lawsuit-settled-case-being-dismissed/

The lawsuit stated, per the article

"Ots, at defendant’s direction, instructed Peslar to wire transfer the purchase price of $900,000 for Fabrege to Peter’s bank account.

"Peter retained $10,000 from the funds transferred by Peslar as a fee for use of its bank account to funnel the Fabrege sale money and sent the remaining funds received from Peslar, $890,000, to Roffman.

"Peter never bought Fabrege or paid any money for Fabrege.

"Defendants knew Peter never owned Fabrege and used Peter as subterfuge for defendants to make an illegal profit from the sale of Fabrege.

OK, must revise my post way back there, outlining the apparent transaction flow. Based on the information in the article about the settlement stating that Peter Eekman of Belgium was paid $10k by Roffman to use his bank account for the funds flow. Honestly, to me this makes it an even darker story.

The Money: The Plan
Peslar > Eekman > Tarjan

The Money: The Actual Flow when funds didn’t flow as quickly as anticipated, and Tarjan wanted the money before sending the papers.
Peslar > Eekman … hold up of transfer … so Roffman directly fronted the money to Tarjan

It is not explained if Eekman transferred the funds directly to Tarjan, but funds were held due to ‘terrorist’ concerns, and then transmitted later to Tarjan. If so, at that point Tarjan would have had to refund the payment sent to her by Roffman when Eekman’s funds didn’t turn up. Or maybe Eekman’s funds were not sent, stopped by the sender, or whatever. A detail, but one that is a little bit interesting in terms of trustworthiness and follow-through.

The Title - What people thought, and what was true, were presented differently to different people.

Tarjan was told it was Tarjan > Eekman.

Peslar was told it was Eekman > Peslar.

Eekman, in fact, enabled the money flow, but the article states that he never had ownership of the horse.

If so, the true path would seem to be Tarjan > Peslar, but I wonder if the papers would support that since, at the time, neither end of that transaction was aware of the other.

What the papers say would be interesting. The paperwork passed through Roffman’s father’s hands between the seller Tarjan sending it, and the buyer Peslar receiving it.

Ironically, the person whose money funded this entire thing, Bethany Peslar, seems to have the least standing to make any recovery. In her case she agreed to buy a horse for $900k, and she did. Only if she had some sort of verifiable agreement with Ots and/or Roffman to act in her best interests in finding a horse for her, and/or if they misrepresented the horse to her, would she have been wronged, legally-speaking, I think. I’m not a lawyer, just speculating.

We don’t seem to have heard from Ms. Peslar. She seems to be the only one whose story hasn’t at least partially found its way to the public.

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So her own trainer/whatever he is to her lied to her also?

Am I understanding that right?

How does that all fit in.

How could anyone work with Caroline or Endel again?

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