New Complaint – Winkler v. Roshak, et al.

McGuireWoods LLP

Geoff Winkler, as Receiver for Profit Connect Wealth Services, Inc. v. William Roshak, et al.  was filed in the United States District Court for the District of Nevada on November 4, 2021 asserting claims for (1) fraudulent transfer; (2) unjust enrichment; (3) declaratory relief; and (4) attorneys’ fees and costs.

Plaintiff is the court-appointed receiver of Profit Connect Wealth Services, Inc. (“Profit Connect”) in an action titled Securities and Exchange Commission v. Profit Connect Wealth Services, Inc., et al., Case No. 21-cv-01298-JAD-BNW (D. Nev.) (the “SEC Action”). Plaintiff was appointed as the Receiver in that matter and granted broad authority to investigate claims and institute actions and legal proceedings on behalf of Profit Connect and its investors. This action is against Defendants William Roshak in his individual capacity and d/b/a/ William George Photography, Melissa Roshak, Tetiana Luzhanska, and Tina M. Leiss, in her sole capacity as the executive officer of the Public Employees’ Retirement System of Nevada (“PERS”).

The complaint in the SEC Action alleged that Joy I. Kovar and Brent Carson Kovar (together, the “Kovars”) raised investor funds through Profit Connect under the premise that the funds were being invested in securities trading and cryptocurrencies based on recommendations by an artificial intelligence supercomputer. The Kovars were instead allegedly misusing investor money by transferring funds to their personal accounts, paying millions of dollars to agents, and making Ponzi-like payments to other investors. During the Receiver’s investigation, he discovered that Defendant William Roshak was an employee, promoter, and agent of Profit Connect and received payment for his role in the scheme, which he transferred to his retirement account at PERS. Defendants Melissa Roshak, Roshak’s ex-wife, and Tetiana Luzhanska, Roshak’s current wife, both claim a property interest in the retirement account.

The Receiver, through the claims of fraudulent transfer and unjust enrichment,, seeks to recover the allegedly fraudulent payments received by Roshak.  The Receiver likewise seeks a declaratory judgment providing that any monies transferred to Rosak be disgorged and an award of attorney’s fees and costs in bringing the action.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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