Manhattan Club Lawsuit

Address and email contacts for the New York Attorney General's Office to file complaints against The Manhattan Club timeshare scam ...

Eric Schneiderman, Esq. New York Attorney General’s Office The Capitol Albany, New York 12224-0341

eric.schneiderman@ag.ny.gov __________________________

Serwat Farooq, Esq. Asst. Attorney General 120 Broadway, 23 Floor New York, NY  10271 (212) 416-6240 ____________________________

serwat.farooq@ag.ny.gov ____________________________

An email address for the Attorney General's Office Real Estate Finance group handling the Manhattan Club Timeshare Scam is:

Jeffrey.Rendin@ag.ny.gov

irene, i fully understand your enthusiasm concerning our getting our own attorney involved in this or another lawsuit. im my opinion, sans any kind of legal background, it appears to me that involving other legal experts at this point would confuse issues to the point of probably not even being allowed by the court. we should stay with our new york state attorney general who, i believe is working in our behalf, and for our benefit, as a group that has been legally wronged by the defendant, THE MANHATTAN CLUB.

chris volpe

chrisv126 wrote:

ATTENTION MANHATTAN CLUB OWNERS: IN MOST INSTANCES, COURT HEARINGS ARE OPEN TO THE PUBLIC; UNDERSTANDABLY SOME ARE NOT. THIS IS A PUBLIC HEARING IN OUR COURT SYSTEM AND WE (ESPECIALLY AS DUPED OWNERS OF SHARES OF THE MANHATTAN CLUB) ARE ENTITLED TO HEAR OF DAILY COURT PROCEEDING RESULTS IN SOME WAY OR ANOTHER: DIRECTLY FROM THE NEW YORK STATE ATTORNEY GENERAL, ERIC SCHNEIDERMAN, MEDIA/NEWS REPORTAGE OR OTHERWISE. THIS HAS NOT BEEN HAPPENING.

IT'S ESSENTIAL THAT WE ALL.......ALL OF US......EMAIL, SNAIL MAIL, PHONE OR OTHERWISE CONTACT ERIC SCHNEIDERMAN, OUR NEW YORK STATE ATTORNEY GENERAL REQUESTING THAT HE KEEP US INFORMED OF THE MANHATTAN CLUB LAWSUIT ON A DAILY (OR AS THE COURT PROCEEDINGS PROGRESS) BASIS. MR. SCHNEIDERMAN HAS A NEWSLETTER THAT IS PUBLISHED REGULARLY, BUT I SAW NOTHING RECENTLY ABOUT OUR LAWSUIT.

SO GET ON YOUR COMPUTER, GET A PEN AND PAPER, OR USE YOUR DIALING FINGER TO CONTACT THE NEW YORK STATE ATTORNEY GENERAL TO GIVE US THE INFORMATION THAT WE'RE ENTITLED TO. IT'S ESSENTIAL THAT WE DO THIS NOW, AS QUICKLY AS POSSIBLE AFTER READING THIS!! IN ADDITION WE NEED TO KNOW THE REASON WE OWNERS WERE "SHUT OUT OF FRIDAY'S, SEPT 5 TMC HEARING" IN A PUBLIC COURT. IT SEEMS THAT SINCE WE HAVE OUR NEW YORK STATE ATTORNEY GENERAL ON THE MANHATTAN CLUB LAWSUIT, IT MAY NOT BE NECESSARY TO HAVE A PRIVATE ATTORNEY TO REPRESENT US; HOWEVER, MY KNOWLEDGE OF THE LAW DOESN'T PERMIT LEGAL INTERPRETATION OR THE NEED FOR FURTHER LEGAL REPRESENTATION.

irenes93 wrote:

TMC owners were shut out of Friday's, Sept. 5 TMC hearing. TMC owners are not a party to this action. We are the affected parties, but this case is between the AG's office and The Manhattan Club. We need to become a party to the AG's action against the Manhattan Club so we know about hearings, can review the documentation TMC is submitting, and can put things before the judge the AG's office may not.

We don't know what is going on with this case and we will not know what is going on. The AG'S office has no obligation to tell us anything or do anything we think needs to be done to resolve this case for the benefit of TMC owners. Once we have a lawyer we will not be shut out again.

We need a lawyer sharp enough to swim with TMC's lawyer sharks representing TMC owners. Three things we must do:

1. We need to identify a lawyer to represent us and find out how much it will cost.

2. We need to raise money to pay that lawyer.

3. We need to have a clear set of objectives we want this lawyer to work towards in this case.

Who wants to organize this?

For those of you follow the suit looking for more detailed information on the AG action, the information is posted. I think it has been a while since the link was posted here, but you do see some of the outcomes from the 9/5/14 meeting in terms of agreements. You should be able to click on the link below to see accounts, payables & receivables. This type of transparancy may help identify some of the fraud and abuse occuring at MC.

http://iapps.courts.state.ny.us/iscroll/SQLData.jsp?IndexNo=451536-2014&Submit2=Search

Stop the SCAM!!!

Eric Schneiderman New York Attorney General’s Office The Capitol September 11, 2014 Albany, New York 12224-0341

Re: The Manhattan Club Case INDEX NO. 451536/2014

Dear Attorney Schneiderman,

Thank you very much for initiating legal action against The Manhattan Club. Manhattan Club owners across the country and around the world will be affected by the actions taken by your office. It is vital that ALL Manhattan Club owners of record are notified of the Attorney General’s investigation of The Manhattan Club. Most TMC owners do not know about the AG’S investigation. New York news reports on this case did not reach around the country and the world. I represent over 1000 Manhattan Club owners who are in contact through an email listserv. We urge the Attorney General’s office to contact ALL TMC owners of record and make them aware of this investigation.

Each week the TMC owner’s group receives emails from TMC owners from across the US and internationally. These owners want to get information about the AG’s investigation. These owners have information that can materially help your investigation. According to TMC’s website there are 14,000+ TMC owners. Court records from 2012 show the actual number of TMC owners as 18,480. Of that number 3,826 owners live in New York State. As the New York State “people’s lawyer” all 3,826 owners in New York State should be notified. The other 18, 480 TMC owners should be notified as well.

Regards,

Irene Smalls

Eric Schneiderman, Esq. New York Attorney General’s Office The Capitol Albany, New York 12224-0341

Re: Timeshare Owners vs. The Manhattan Club

Counselors Schneiderman, Meier, Farooq & Rendin,

The purpose of this writing is to formalize my complaint and to contribute to the evidence pool on Plaintiff's behalf in the above referenced action.

My wife and I responded to a direct mail campaign of the defendant in 2001, met briefly with a Sales Executive, and purchased one week of a one bedroom suite, Gold Flexible Interest. During the sales presentation we were assured that the maintenance fees had not and likely would not increase in the foreseeable future, and that they may even decrease over time. We were also verbally assured that these time shares were steadily increasing in value and could always be sold at a profit in the future, as prior owners were purportedly doing.

In the course of the 13 years we have owned this property we were able to secure our stay there only once. We have called or written to TMC to try to plan a family vacation every year since purchasing 13 years ago and, other than the one occasion, have consistently been denied availability.

During this time our maintenance fees were increased from the initial agreed upon $610 ... to $2,659 annually. That's $2,659 for a week hotel stay (that we cannot even obtain!) on top of another $24,493. that we originally paid for the privilege.

We have dutifully paid all of the fees and maintenance expenses as billed trusting that the State was about to intervene and disallow this continued fraud and the personal threats. We are willing to testify or sign an affidavit attesting to the untruths and misstatements made by the defendant in the course of presenting and selling this property, as well as to our inability to claim what we paid for over the course of our 13 years of ownership.

Sincerely, Charles & Robyn McGill

Timeshare Unit Number - 1715 Owner Number - 14049 Contract - One Week Gold Flex Interest Purchase Price - $24,493. Maintenance Fee - $610 now $2,659.33 Date of Purchase - 2/3/2001 Sales Executive - Vicky Tree Owners - Charles & Robyn McGill

Charles McGill 38 Harborview Drive Northport, NY 11768

(cell) 516.902.1817

I have reported on this case several times, so here is my latest update for RedWeek subscribers.

On Sept. 4, one day before last week's scheduled hearing before the court referee, both sides stipulated to continue with the original order, as amended, so the club can make payroll and cover ongoing expenses. They then agreed to take the Friday hearing off calendar --- but did not notify any of the owners who spent good time and money making the trek to Manhattan to attend. When the owners showed up, the court referee spoke to them informally, assuring them that the case was very early in the discovery phase. No determinations would be made, he added, until the AG reviews all of the club's documents about timeshare sales, reservations and rental programs.

As a result of the stipulation, which is now posted on the NY court's online filing system, the ban on new sales and foreclosures continues, along with other restrictions, until further notice. There is no new hearing date scheduled as of yet, according to the AG's press office. The AG's office is staying very close-lipped on the proceedings (as they do with most cases) while they sift through thousands of documents that have already been turned over to them by the Manhattan Club's battery of attorneys. No depositions of the principals, including Ian Bruce Eichner, have been set, either.

Meanwhile, as is evidenced by this string on RedWeek, many Manhattan Club owners are keeping a close watch on the proceedings. In some cases, owners are fearful that the AG will cut a deal with the Manhattan Club that allows them to stay in business. Other owners contend they should be given a seat at the table throughout these proceedings, even though they are not technically a party to the AG's suit. When I asked the AG's spokespeople about this, they said that the AG represents the state of New York, not the owners of the Manhattan Club. That's a strange distinction, since the owners of the club are the ones who have the most at stake in the case. In any case, the owners will have to maintain communications amongst themselves, through this string and other owner sites, because the AG has no intention of sending out mass email updates to owners about the case. They just do not feel that is their mission or obligation.

It is clear, based upon the interviews I have conducted with owners about the case, that they are very frustrated, in general, with just about everything about the club, including the pace of the AG's case. But my guess is they will have to maintain extreme patience before there is any clarity to what happens with the AG's investigation.

The club's attorneys, meanwhile, said this week that they will vigorously contest the AG's allegations if and when the case escalates into a formal "AG sues Manhattan Club for fraud" lawsuit. For now, Eichner's attorney claims that the AG's complaint is rife with "inaccuracies and inconsistencies" that will be exposed at the proper time. When will that time come? Stay tuned.

Thank you Jeff.

Thank you Jeff, I'm sure I speak for all of us that we appreciate the update.

jeff, many thanks for the update on THE MANHATTAN CLUB LAWSUIT proceedings. as a public servant, it appears to be the NYSAG's duty to keep us (those affected by all of the MC's CRAP) informed to the extent of his ability. THIS FORUM seems to be one of the owners' most popular sources to get up-to-date, relevant information to which we are entitled. the NYSAG's press office has this summary forum without having to contact all other media (which they should be doing anyway) to let us owners know what's going on.\ so, onward we proceed. again, thanks for you reliability and for your taking responsibility for doing what others should be doing for us............keeping us informed.

chris volpe

jeffw355 wrote:

I have reported on this case several times, so here is my latest update for RedWeek subscribers.

On Sept. 4, one day before last week's scheduled hearing before the court referee, both sides stipulated to continue with the original order, as amended, so the club can make payroll and cover ongoing expenses. They then agreed to take the Friday hearing off calendar --- but did not notify any of the owners who spent good time and money making the trek to Manhattan to attend. When the owners showed up, the court referee spoke to them informally, assuring them that the case was very early in the discovery phase. No determinations would be made, he added, until the AG reviews all of the club's documents about timeshare sales, reservations and rental programs.

As a result of the stipulation, which is now posted on the NY court's online filing system, the ban on new sales and foreclosures continues, along with other restrictions, until further notice. There is no new hearing date scheduled as of yet, according to the AG's press office. The AG's office is staying very close-lipped on the proceedings (as they do with most cases) while they sift through thousands of documents that have already been turned over to them by the Manhattan Club's battery of attorneys. No depositions of the principals, including Ian Bruce Eichner, have been set, either.

Meanwhile, as is evidenced by this string on RedWeek, many Manhattan Club owners are keeping a close watch on the proceedings. In some cases, owners are fearful that the AG will cut a deal with the Manhattan Club that allows them to stay in business. Other owners contend they should be given a seat at the table throughout these proceedings, even though they are not technically a party to the AG's suit. When I asked the AG's spokespeople about this, they said that the AG represents the state of New York, not the owners of the Manhattan Club. That's a strange distinction, since the owners of the club are the ones who have the most at stake in the case. In any case, the owners will have to maintain communications amongst themselves, through this string and other owner sites, because the AG has no intention of sending out mass email updates to owners about the case. They just do not feel that is their mission or obligation.

It is clear, based upon the interviews I have conducted with owners about the case, that they are very frustrated, in general, with just about everything about the club, including the pace of the AG's case. But my guess is they will have to maintain extreme patience before there is any clarity to what happens with the AG's investigation.

The club's attorneys, meanwhile, said this week that they will vigorously contest the AG's allegations if and when the case escalates into a formal "AG sues Manhattan Club for fraud" lawsuit. For now, Eichner's attorney claims that the AG's complaint is rife with "inaccuracies and inconsistencies" that will be exposed at the proper time. When will that time come? Stay tuned.

I created a petition to Eric Schneiderman, New York Attorney General which says:

" ALL, 3,826, New York State Manhattan Club owners should be notified of your investigation of The Manhattan Club. "

Please consider notifying all 18,480 TMC owners as well.

Will you sign this petition? Click here:

http://petitions.moveon.org/sign/ag-schneiderman-tell?source=c.em.cp&r_by=10286027

I will sign petition Re The Manhattan Club

irenes93 wrote:

I created a petition to Eric Schneiderman, New York Attorney General which says:

" ALL, 3,826, New York State Manhattan Club owners should be notified of your investigation of The Manhattan Club. "

Please consider notifying all 18,480 TMC owners as well.

Will you sign this petition? Click here:

http://petitions.moveon.org/sign/ag-schneiderman-tell?source=c.em.cp&r_by=10286027

Very nice summary of the case.

Irene Smalls

hi irene, just signed and emailed our petition to ERIC SCHNEIDERMAN, NEW YORK STATE ATTORNEY GENERAL. i hope he heeds and responds positively to our collective requests for more and completely up-to date summaries of THE MANHATTAN CLUB/NYSAG LAWSUIT.

thanks for all you've done so far!! chris volpe cfox863@gmail.com

irenes93 wrote:

I created a petition to Eric Schneiderman, New York Attorney General which says:

" ALL, 3,826, New York State Manhattan Club owners should be notified of your investigation of The Manhattan Club. "

Please consider notifying all 18,480 TMC owners as well.

Will you sign this petition? Click here:

http://petitions.moveon.org/sign/ag-schneiderman-tell?source=c.em.cp&r_by=10286027

The AG is not at all concerned with TMC owners. I called Serwat Farooq, the AG's lead attorney on this case to check on owners sending in information. She said she keeps the letters we, TMC owners, are writing in a box in the office somewhere. We are on our own.

I find it hard to believe that there isn't a lawyer among us who wouldn't want to come forward to help. Maybe there aren't any unhappy owners who are lawyers??

we're taking a step backward from the wiles of these MC thieves. this is all the more reason we owners should be swamping SCNHENDERMAN'S office with all matter of communication showing our positions as VICTIMS IN THE HANDS OF THE MANHATTAN CLUB SCAMMERS, the NYSAG's opponent in court. also, he should be made CLEARLY AWARE OF THE ANSWER YOU RECEIVED FROM ONE OF HIS LEAD ATTORNEYS IN THE MANHATTAN CLUB LAWSUIT. it seems the NYSAG's office is taking a much-too-casual view of our plight, and the AG HIMSELF MIGHT NOT BE AWARE OF WHAT HIS DEPUTIES ARE DOING/SAYING. KEEP UP THE COMMUNICATION (IN ALL FORMS) TO THE AG's OFFICE. if our elected AG is working on this case, we are not on our own. he is working for his constituents and others who will benefit from prosecution of those breaking the laws in new york state.

irenes93 wrote:

The AG is not at all concerned with TMC owners. I called Serwat Farooq, the AG's lead attorney on this case to check on owners sending in information. She said she keeps the letters we, TMC owners, are writing in a box in the office somewhere. We are on our own.

Does anyone know WHERE it says in the contract OR in the Offering plan it says how many weeks in advance we must book a room for Manhattan Club timeshares?

Regards,

Irene Smalls

I sent all my info to Attorney General's office a few weeks ago and I actually received a letter yesterday, dated September 11, 2014:

Thank you for your recent correspondence, and for making me aware of your concerns regarding the Manhattan Club. I appreciate your views on this point on this important issue and have forwarded your correspondence to the appropriate members of my staff to review. We will certainly keep these comments in mind during any discussions we may have on this issue. Thank you for contacting me to share your views and I welcome your continued input. Sincerely, Eric T. Schneiderman

So PLEASE, everyone write, write, write your stories and submit dates, documents, evidence, etc. I believe our AT is concerned and he must see that there are hundreds of us that want and need a resolution!

I don't know if you have the same timeshare offering plan I have, which is the sixty-first amendment dated January 5, 2006. In my book, it's on page 93 and it says "An owner who wishes to reserve use of a timeshare unit in the timeshare project for seven consecutive nights...may submit a reservation request to the Management Company at any time during the twelve months preceding the requested check-in date. An owner who wishes to reserve use of a timeshare unit in the timeshare project for less than seven consecutive nights may submit a reservation request to the Management Company at any time during the nine months preceding the requested check-in date."

By the way, a few years ago, my husband cancelled the credit card that Manhattan Club used for automatic payment of maintenance fees. They were really pissed, but he didn't budge in giving them a new card, so they have been sending us a bill every year (which we have paid, in spite of the enormous increases.) Perhaps everyone should cancel the card that is on file with the Manhattan Club.

Lenap,

They did the same to us for years. Using the credit card number to charge maintenance fees on. We recently in 2013, cancelled that card, so that they could not charge to it. We have been paying our fees every year (since 2004) in spite of not being able to use our timeshare. This year 2014, we did NOT PAY our fees. They would not buy it back from us for $100, unless we paid the maintenance fees in advance of date due nearly six months. I told my attorney to tell them, "that we were not paying them another cent!". "They had gotten enough of our money already and had done nothing to resolve the problems with TMC Owners and lack of availability of rooms".