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July 7, 2007
Yacht company claims broker diverted payment
 A
Fort Lauderdale-based yacht company claims a yacht broker
tricked one of its customers into sending a $375,000 payment to
his bank account rather than the company that sold the vessel.
On July 13, Aicon Yachts LLC alleged in a Broward Circuit Court
lawsuit that yacht broker James Ross of New Rochelle, N.Y.,
formed a company called Aicon Yachts Inc. in New York state and
created a bank account at JPMorgan Chase for that company.
Ross incorporated the NY company last year “in an apparent
attempt to steal the identity of Aicon and to use
this illegal entity as a conduit to engage in fraudulent
activity,” the suit contends.
Ross then allegedly instructed a customer who purchased a used
Cranchi yacht from Aicon Yachts LLC through Ross’ brokerage to
wire the money into Ross’ account, according to the suit.
When Aicon Yachts found out, it sued Ross, seeking a temporary
injunction to freeze the JP Morgan account and recover the
money. The suit alleges breach of contract, illegal conversion
and violation of the Florida Deceptive and Unfair Trade
Practices Act.
Ross did not return calls for comment by deadline Monday.
Aicon Yachts LLC attorney Leah Mayersohn, of Mayersohn & Starr
in Fort Lauderdale, said that since the suit was filed, both
Ross and JP Morgan have been cooperative in returning most of
the money to her client. At this point, she said her client has
recovered all but $20,000.
Once Aicon recovers the money, Mayersohn said her client plans
to seek legal and investigative fees against Ross.
“Aicon is trying to make sure that the person who bought the
boat is not harmed in any way,” Mayersohn said. “Their goal is
also to make sure their industry as a whole isn’t harmed or
tarnished in any way” by Ross’ alleged actions.”
She said her client contacted the FBI about the case.
The civil suit also names Ross’ children, James Ross Jr. and
Jennifer Ross, Aicon Yachts Inc., Ross’ companies Ensign Yachts
Inc. and Jim Ross Yacht Sales, and JP Morgan Chase & Co.
Aicon Yachts LLC, a division of Italy-based Aicon SpA, was
formed in 2002 by Marc-Udo Broich. In May 2006, the company
contracted with Ross’ company, Ensign Yachts in New Rochelle,
N.Y., to sell its yachts.
Last December, a customer traded in the 2002 Cranchi yacht,
valued at $375,000, as part of a contract to buy a new 2006
Aicon yacht for $1.2 million.
Ross, who brokered the sale, was in possession of the Cranchi
that was traded in.
In February, Ross told Aicon that he had a buyer for the used
Cranchi.
But despite constant inquiries from Aicon LLC, Ross allegedly
did not send the company a copy of the contract. Aicon said it
had told Ross that when he sold the Cranchi, he was required to
send all sales proceeds immediately to the company.
Earlier this month, Aicon learned that Ross had sold the used
boat. According to the suit, the purchaser told Aicon that he
had wired $375,000 to an account at JP Morgan under the name of
Aicon Yachts Inc., which was created by Ross without Aicon LLC’s
authorization.
The case is before Circuit Judge Robert Carney
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