County Court strikes down Defense motion in ANNID’s embezzlement lawsuit

Guardian/HOUSTON, TEXAS – Judge Fredericka Phillips of 61st Civil Court in Harris County last week denied a motion filed by three ANNID members asking the Court to enter an Order that Plaintiff’s current attorney, Larry Meadows, does not have authority to represent ANNID Houston, Inc. (“ANNID”).

See denial Order >>

ANNID had filed a petition against those three members namely; Hyacinth Enyinnia, Uzo Ekume and Shegun Olagundoye, claiming among other transgressions, a “Breach of fiduciary duty/defalcation, Breach of the Texas theft liability act, and Conversion and trespass to property.” The defendants generally denied the claims against them in a response filled by their attorney, Sean Greenwood.

The lawsuit claimed that Defendants, Hyacinth Enyinnia and Uzo Ekume, were officers of ANNID at the time whereas Shegun Olagundoye was never an officer. According to the petition, all three Defendants on various dates and in various amounts “wrongfully, and without organizational purpose or authority,” withdrew money from ANNID’s bank account. At the time of the withdrawal by the Defendants, stated the petition, “ANNID’s bylaw required that two officers authorized any bank transaction. In each instance of withdraw by Defendants, there was only one signature. Additionally, the money wrongfully withdrew by Defendants was not used for the purposes or nonprofit business of the ANNID organization.”

The lawsuit further stated that on October 05, 2015 Defendant Uzo Ekume wrote a check to himself for $4,770.00; On October 27, 2015, Hyacinth Enyinnia withdrew $44,000.00; then on October 27, 2015 and again on October 29, 2015, Shegan Olagundoye withdrew $10.00 and then $94.10, respectively. The lawsuit contended that all monies were withdrawn from ANNID Houston IBC bank account without proper purpose or authority of ANNID.

The defendants denied all charges, and additionally filled a motion asking the Court to enter an Order that Plaintiff’s current attorney, Larry Meadows does not have authority to represent Plaintiff ANNID Houston, Inc. (“ANNID”). Their argument was that a former Secretary who hired Attorney Meadows did not have authority to do so based on ANNID’s certificate of formation.

Attorney Larry Meadows however countered in a response that he was hired by Emeka Ofor, a director and secretary of ANNID Houston, Inc. Mr. Meadows presented as exhibits, a copy of a “Texas Franchise Tax Public Information Report” naming Emeka Ofor as Secretary and Director of the group. Judge Phillips agreed with the Plaintiff and denied the motion by the Defense – which would allow the lawsuit to proceed with the Larry Meadows as attorney of record for ANNID.

FILE DOWNLOADS (Click on headlines below to download)

Denial Order

■ Original Petition (Plaintiff’s Original Petition)

■ Defendants’ Motion to Show Authority

■ Defendants original answer and request for disclosure

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