Cohen v. Trump

Filing 1

COMPLAINT against Donald J. Trump (filing fee $400 receipt number 0974-6411097), filed by Art Cohen. (Attachments: # 1 Civil Case Cover Sheet).The new case number is 3:13-cv-2519-DMS-RBB. Judge Dana M. Sabraw and Magistrate Judge Ruben B. Brooks are assigned to the case. (Forge, Jason)(dls) (av1).

Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 1 of 35

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 JASON A. FORGE (181542)
rgrdlaw.com
L. JENSEN (211456)
3
rj ens en rgrdlaw.com
4 HOM S R. MERRICK (177987)
tmerrick rgrdlaw.com
5 655 West roadway, Suite 1900
San Diego, CA 92101
6 Telephone: [phone]
619/231-7423 (fax)
7
ZELDES HAEGGQUIST & ECK, LLP
8 AMBER L. ECK (f77882)
ambere((zhlaw.com
9 HELENTI. ZELDES (220051)
helenz zhlaw.com
10 ALREN HAEGGQUIST (221858)
alreenh zhlaw.com
11 AARONM. OLSEN (259923)
[e-mail]
12 625 Broadway, Suite 1000
San Diego, CA 92101
13 Telephone: [phone]
619/342-7878 (fax)
14
Attorneys for Plaintiff and Proposed Class
15
UNITED STATES DISTRICT COURT
16
SOUTHERN DISTRICT OF CALIFORNIA
17
ART COHEN, Individually and on
Case No. '13CV2519 DMS RBB
18 Behalf of All Others Similarly Situated,
CLASS ACTION
Plaintiff,
19
COMPLAINT FOR VIOLATIONS OF
vs.
18 U.S.C. § 1962(c)
20

MOIL

21 DONALD J. TRUMP,
Defendant.

22
23
24
25
26
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 2 of 35

Plaintiff Art Cohen ("Plaintiff'), by and through his attorneys, brings this action
on behalf of himself and all others similarly situated, against Donald J. Trump
("Defendant" or "Defendant Trump"). Plaintiff alleges the following based upon
information and belief, the investigation of counsel, and personal knowledge as to the
allegations pertaining to him.
NATURE OF THE ACTION
1.

Defendant ensnared Plaintiff and thousands of other student-victims in a

fraudulent scheme nationwide to sell real estate seminars and mentorships ("Live
Events") by trading on the Trump moniker. Defendant uniformly misled Plaintiff and
10 the Class that they would learn Donald Trump's real estate secrets through him and
11 his handpicked professors at his elite "University." The misleading nature of the
12 enterprise is embodied by its very name. That is because, though Defendant promised
13 "Trump University," he delivered neither Donald Trump nor a University.
2.

14

Defendant expressly set out to leverage Donald Trump's fame and

15 expertise as a real estate mogul by creating "Trump University," which Defendant
16 marketed as a premier institution of higher learning rivaling Wharton Business
17 School, and with which Trump was so integrally involved, students would effectively
18 be learning from him. 1 Defendant marketed Trump University as `the next best thing
19 to being Trump's "Apprentice," referencing Trump's hit reality television series.
3.

20

In a promotional video for Trump University posted on YouTube,

21 embedded in email blasts, and shown at Trump University Live Events (hereinafter,
22 I the "Main Promotional Video"), Trump himself promised would-be student-victims:
We're going to have professors and adjunct professors that are
23
absolutely terrifc. Terrific people. Terrific brains. Successful. The
best. We are going to have the best of the best. And, honestly, if you
24
don't learn from them, if you don't learn front sne, if you don't learn
from the people that we're going to be putting forward, and these are all
25
people that are handpicked by jne, then, you're just not gonna make it in
26
27

As detailed herein, Trump University changed its name to Trump Entrepreneur
Initiative on June 2, 2010.
1

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 3 of 35

terms of the world of success. And that's okay, but you're not gonna
make it in terms of success.

1
2

4.

3

Defendant mass mailed to Plaintiff and the Class a "Special Invitation

from Donald J. Trump" to the free introductory Live Event, adorned with the Trump

4

University coat of arms and promising: "My hand-picked instructors and mentors

5

will show you how to use real estate strategies

6

...." The letter continues that with

"ongoing support from your own Team of Trump Experts — you'll have what you

7

need to succeed!" The letter closes with Donald J. Trump's name, signature, and

8

Trump University's address at 40 Wall Street, 32nd Floor, New York, NY 10005.

9

5.

10

Trump gave himself a prominent, if not exclusive, role in the national

advertising campaign for "Trump University." However, Trump did not fulfill the

11

promises he made to student-victims around the country — he did not teach students

12

his coveted real estate investing "secrets" at the Live Events, he did not contribute in

13

any meaningful way to the curriculum for the Live Events, and he did not handpick

14

the Live Event seminar instructors and mentors who "taught" student-victims at 3-day

15

Live Events and Elite mentorship programs — both of which were upsells from the free

16

introductory Live Event called the "Preview."

17

6.

18

Almost immediately after Trump founded Trump University, the New

York State Education Department ("NYSED") wrote to Donald Trump on May 27,

19

2005, warning him that using the name "University" was illegal without a license, and

20

asked Trump to stop using the name "Trump University." Instead of complying,

21

Defendant's agents created a fictitious office in Dover, Delaware, and then Defendant

22

continued to brazenly operate illegally out of his 40 Wall Street office in New York,

23

New York for five years. On March 30, 2010, the NYSED wrote to Donald Trump

24

and again advised that use of the title "University" in the name of his corporation was

25

"misleading" and illegal. On June 15, 2010, NYSED wrote to Trump University

26
Emphasis is supplied and citations and internal quotation marks omitted here
and throughout, unless otherwise noted.

2

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 4 of 35

directing Defendant to cease any further training until Trump University obtained a

1

2 license to operate as an institution of higher learning. The NYSED demanded: "All

current students should be refunded" and warned that failure to comply with the law

3

4 "may result in disciplinary action." Defendant did not give students refunds, but did

stop offering and selling Live Events shortly thereafter in or about August 2010.

5

6 However, Defendant has made multiple statements that he intends to resume Trump
7 University courses in the future.

7.

8

At least 11 Attorneys General and the U.S. Department of Justice have

9 received numerous complaints about Trump University; the Texas Attorney General's

10 investigation into misleading advertisements by Trump University ultimately led to
11 the suspension of Live Events in that state; and a year after the filing of a related class
12 action in this Court, the New York Attorney General launched an investigation into
13 Trump University's deceptive practices. And, due to Defendant's misleading
14 advertisements and marketing of Trump University as a "University," the Better
15 Business Bureau ("BBB") refused to accredit Trump University and gave it a D- grade
16 due to the many complaints lodged by consumers.
8.

17

Plaintiff brings this class action on behalf of himself and all other

18 ~ similarly-situated consumers who purchased Trump University Live Events
19 throughout the United States, asserting violations of the Racketeer Influenced and
20 Corrupt Organizations Act ("RICO Statute"), 18 U.S.C. § 1962(c).
9.

21

Plaintiff seeks damages and equitable relief on behalf of himself and the

22 Class, including, but not limited to: treble their monetary damages; restitution;
23 injunctive relief; punitive damages; costs and expenses, including attorneys' and
24 expert fees; interest; and any additional relief that this Court determines to be
25 necessary or appropriate to provide complete relief to Plaintiff and the Class.
JURISDICTION AND VENUE

26

10. This Court has original jurisdiction over the subject matter of this action

27

28 pursuant to 28 U.S.C. § 1331, because Plaintiff's claims arise under the RICO Statute,
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 5 of 35

1 18 U.S.C. § 1962. The Court has diversity jurisdiction under 28 U.S.C. § 1332 because
2 Plaintiff resides in California, and Defendant resides in New York. This Court also
3 has original jurisdiction over this action under the Class Action Fairness Act of 2005,
4 28 U.S.C. § 1332(d)(2) ("CAFA"), as to the named Plaintiff and every Class Member,
5 because the proposed Class contains more than 100 members, the aggregate amount in
6 controversy exceeds $5 million, and Class Members reside across the United States
7 and are therefore diverse from Defendant.
8

11. This Court has personal jurisdiction over Defendant because he has

9 significant minimum contacts with this State, and intentionally availed himself of the
10 laws of California by transacting a substantial amount of business throughout the State
11 and this District, including but not limited to, the promotion, marketing, advertising,
12 and sale of Trump University Live Events throughout California and San Diego
13 County, and on the Internet to consumers located throughout California and San
14 Diego County.
15

12. Venue is proper under 18 U.S.C. § 1965(a), because Defendant is subject

16 to personal jurisdiction in this District as alleged above, and Defendant has agents
17 located in this District.
PARTIES

18
19 A.

Plaintiff

20

13. Plaintiff Art Cohen is a businessman and resident of the state of

21 California. Cohen learned about Trump University in 2009 when he saw an
22 advertisement in the San Jose Mercury News, which is delivered daily to his home.
23 Cohen believes that he also received by mail a "special invitation" to Trump
24 University from Donald Trump, which included 2 VIP tickets to the free seminar.
25 Cohen was lured in by Donald Trump's name and reputation as a real estate expert.
26 Cohen attended the Preview Live Event at the Fremont Marriott Silicon Valley in
27 Fremont, California, on April 29, 2009, where Cohen was shown the Main
28 Promotional Video. Based on Defendant's misrepresentations and material omissions
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 6 of 35

1 that he would receive Donald Trump's real estate secrets from his handpicked
2 "professors" and mentors at his "University," Cohen purchased the $1,495 Fast Track
3 to Foreclosure Real Estate Retreat, which he attended from May 8-10, 2009, at the
4 Sheraton Palo Alto Hotel in Palo Alto. At the 3-day event, Cohen was upsold to the
5 Gold Elite program, which he purchased on May 10, 2009, for $34,995, plus the
6 interest and finance charges paid to his credit card.
14. Plaintiff would not have paid for any of the Trump University programs

7

8 had he known that he would not have access to Donald Trump's real estate investing
9 secrets, that Trump had no meaningful role in selecting the instructors for the Live
10 Events, and/or that Trump University was not a "University," as Defendant had
11 represented to him.
12 B.

Defendant

13

15. Donald J. Trump resides in the State of New York. Trump was a founder

14 and Chairman, officer, director, managing member, principal and/or controlling
15 shareholder of Trump University. Defendant Trump is also Chairman of the board of
16 directors, President and CEO of the Trump Organization, a conglomerate of
17 companies which includes Trump University.
16. Defendant Trump received revenues paid to Trump University from

18

19 Plaintiff and other Class Members through two or more shell companies, including
20 DJT University Managing Member LLC (now DJT Entrepreneur Managing Member
21 LLC), a New York Limited Liability Company, and DJT University Member LLC
22 (now DJT Entrepreneur Member LLC), a New York Limited Liability Company.
17. Defendant Trump has conducted substantial business within the State of

23

24 I California, including this District.
18. Defendant Trump approved, authorized, either specifically and/or tacitly

25

26 directed, ratified and/or participated in the acts complained of herein engaged in by
27 Trump University and its personnel.
28
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 7 of 35

COMMON FACTUAL ALLEGATIONS

1
2 A. The Scheme

19. Defendant Trump and others, including but not limited to, the former

3

4 President of Trump University, Michael Sexton, devised and executed a scheme to
5 make tens of millions of dollars by marketing Trump University as both: (1) a learning
6 institution with which Donald Trump was so integrally involved that students would
7 effectively be learning from him because, among other reasons, they would be
8 learning his real estate secrets from instructors whom he had handpicked; and (2) an
9 actual university with a faculty of professors and adjunct professors.
10

20. This "Scheme" was fueled by a national advertising campaign, the

11 cornerstone of which was the Main Promotional Video. Defendant Trump caused the
12 Main Promotional Video to be published to YouTube online so it would be viewed by
13 prospective student-victims throughout the country. Trump University operated an
14 extensive advertising campaign with an annual budget at one time of $6 million, and a
15 database of over one million current and potential customers, which it targeted with

16 frequent email blasts. These e-blasts contained misrepresentations and/or links to
17 view the Main Promotional Video on YouTube, and/or Trump University's Facebook
18 page, Twitter account, and/or LinkedIn profile. When Trump University introduced
19 the Donald Trump "signature" campaigns (featuring Donald Trump's signature in
20 letters and ads) including "Are YOU My Next Apprentice?" and "Learn From the
21 Master," consumer responses jumped by over 50%. And though personnel knew it
22 was false to claim the instructors were handpicked by Defendant Trump, Defendant
23 continued to use this catch-phrase as a marketing hook.
21. Other methods and means that Defendant Trump and others used to

24

25 execute and perpetuate the Scheme included the following:
(a) Defendant Trump reviewing and approving advertisements before

26

27 I they were released, which featured quotes from Defendant Trump himself, such as: "I
28
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 8 of 35

1 can turn anyone into a successful real estate investor, including you. — Donald
2 Trump."

(b) Using Defendant Trump's name, photos and/or quotes for all Live

3

4 Events, website and advertising, and the website home page displayed a large photo of
5 Defendant Trump along with the message from him: "Are YOU My Next Apprentice?
6 Prove it to me!"
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(d)

Using advertisements featuring Defendant Trump and his image

21 with quotes such as: "Don't think you can profit in this market? You can. And I'll
22 show you how. Learn from my handpicked experts how you can profit from the
23 largest real estate liquidation in history."
24

(e)

Sending emails to thousands or tens of thousands consumers from

25 Trump University's one million customer database that featured Defendant Trump's
26 photo with the words: "Are you My Next Apprentice," and stated: "76% of the
27 world's millionaires made their fortunes in real estate. Now it's your turn. My father
28 did it, I did it, and now I'm ready to teach you how to do it too." The signature block
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 9 of 35

at the bottom of the email read, Donald J. Trump, Chairman, Trump University, and
above that is Defendant Trump's actual signature.

From: Tw.mp tlnWerstly <en'aitdi tr rrumpun vor sily.am>

To: branton
Sent: Thu, April Oh, 2(110 12:06:00 PM
Subject: Enooprer+eurs Needed to be toy

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Ned Apprentice

I want people who want success.
II you Think BIG and beliove you 've got what it takes to succeed, I want youl

10

76°r, of the world's mflllonnires mach their
fortunes In reel estate. Now Its your turn. My
father did It. I did It, and new I'm ready to teach
you how to do If too.

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My :cam of Font eslata exports ai Rump Ucivorsity is
coming to your area in the pout law cays to conduct
my Free Intro Apprenticeship Wmksh:p. It you think
you've got what It takes to bony pout Apprentice,
step up and attend, You shoold also bring along a
rusted partner. Th{s Is YOUR cpporlunity to create
weaith anti take cenfrol of your own financial return
with proven strato0los that work in the current real

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Attend the Free Intro Approeltoeshlp Workshop to
learn how te.

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absolutely FREE when you attend.

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Buy proportion from bank; at DEEP dismounts
Use sired sales to CONTROL property
I- Increase your tinxcche. POWER vnlh bvorege

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ilntited and dry Trump Workshops
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Negottoto PROFITABLE dosis that steel your
peals
0. Att.uod and tnon now to develop the
CONFIDENCE to succeed I, rent estate

17

See you at the Copt

18
19

Dnnu d J Trump
Crmrtman, Tromp Universlty

20
21

Sending signed letters through the mails to consumers nationwide,
(f)
23 I with Defendant Trump's name and signature at the bottom, stating: "[N]o course
24 offers the same depth of insight, experience and support as the one bearing my name.

22

. My hand-picked instructors and mentors will show you how to use real estate

25

26 strategies to: [s]upplement or even replace your income, [s]ecure your long-term
27 financial future ... [s]tart profiting today! Now is the time to create your financial
28 legacy. You can do it, even if you only have five or ten hours a week to spare. With
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—

Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 10 of 35

1 our simple instructions and practice exercises — and ongoing support from your own
2 Trump Team of Experts — you'll have what you need to succeed!"

(Second

3 emphasis in original). The letter closed with Donald J. Trump's name, signature, and
4 address, at 40 Wall Street, 32nd Floor, New York, NY 10005.
5

(g)

Sending substantially-similar signed letters through the mails to

6 consumers nationwide addressed as "Dear Friend" from Donald Trump promising:
7 "Come to my free class. In just 90 minutes, my hand-picked instructors will share my
8 techniques, which took my entire career to develop," and signed "Sincerely, Donald
9 Trump" with Defendant Trump's signature. (Emphasis in original). The letter
10 enclosed two "VIP" tickets to an upcoming Preview Live Event in the consumer's
11 area.
12

(h)

Delivering to student-victims, who were in the midst of the Trump

13 University $1,495 Fulfillment Live Event and whom Trump University was trying to
14 persuade to sign up for the Elite program, a personalized (addressed to them by name)
15 letter from Donald J. Trump. The letter bore the Trump logo at the top of the letter
16 and the words "From the Office of Donald J. Trump." The letters stated:
17
18
19
20
21
22
23
24
25
26
27

Success in real estate begins with great training and proven
strategies. Without education you don't stand a chance.
I know how to make money in real estate. I've been doing it for a
long time with a lot of success. My family has been a leader in real estate
since my father — Fred Trump — started building residential homes in
New York City 75 years ago. My father was my mentor and he taught
me a lot. Now I want to teach you how to make money in real estate. fo
be my apprentice you need to Think BIG and really want to succeed.
More than anything, you need to take action.
Do YOU have What It Takes to Be My Next Apprentice?
I only work with people who are committed to succeed. I founded
Trump University back in 2005 to teach go-getters how to succeed in
real estate. My team at Trump University is filled with real estate experts
. proven winners. We're the best of the best and we know what
works. If you think you have what it takes to be my next apprentice,
prove it to me.
We've trained thousands of real estate investors over the years and
we know you will be most successful when you work with a partner...

28
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 11 of 35

If you ' re serious about making money and safeguarding your
future, learn to invest in real estate. Trump University will teach you
how. We'll give you the best training and the confidence to succeed. If
you think you've got what it takes to be my next Apprentice, come prove
it to me and my team.

1
2
3

4 The letter closes with "See you at the top!" And, it is signed, "Donald J. Trump,
5 ~ Chairman, Trump University."

(i)

6

Promising students that "[t]here are many real estate investment

7 'seminars available but this is the only one designed by Donald Trump ' s personal
8 advisors , to show you step - by-step how to create quick cash immediately , and how to
9 build a large monthly cash flow WITHOUT using any of your own money or credit."

(j)

10

Enforcing the uniform deceptive portrayal of Trump University

11 I through policies and procedures , including Marketing Guidelines , the PlayBook, and
12 standardized PowerPoint presentations and scripts that instructors were contractually
13 required to use. For example , the Marketing Guidelines were designed to "ensure
14 brand, tone and message across all Trump University's marketing efforts." The
15 "tone" required by those Marketing Guidelines was to "Think of Trump University as
16 a real University with a real Admissions process, i . e., not everyone who applies, is
17 accepted ." The Guidelines also required that personnel use the term "faculty" which
18 was to be marketed as comprised of Donald Trump ' s "top experts."
(lc)

19

Sending scripts containing misrepresentations to instructors for use

20 at the Live Events through the interstate wires, such as the Preview Script sent from
21 Michael Sexton to primary instructors , including James Harris and Stephen Goff. The
22 speaker was required to use the official Trump University script and PowerPoint, and
23 not make any changes without prior authorization pursuant to the PlayBook and
24 his/her contract. Defendant Trump has concealed this speaker script that was used to
25 execute his Scheme. Excerpts of the concealed speaker script include:

26
27,
28
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 12 of 35

1
TI-11 III pUnivel-sity

2

'Preview Script — Version 3.0

3
4

Slide 01: Trump University Title Slide

5

Slide 02: The Trump University Apprenticeship Program

6

Ladies and gentlemen, I'd like to welcome you to our presentation tonight on
behalf of Mr. Donald Trump and Trump University. My name is (lecturer
rranrej. I'm a member of the faculty at Trump University. Let's talk a little
about Donald Trump.

7
8

Slide 03: Trump Montage

9

Who here thinks they know Donald Trump? Hands up. Very good. Let's play
this little game to get you in the mood of things.

10
ill

*

12 1

*

*

I remember one to time Mr. Trump said to its over dinner, he said "real estate
is the only market. that when there is a sale going on people run from the
store". You don't vvKnrt to run from the store.

13
14

*

15

*

*

First we will show you Donald "Frump's negotiating system. Nobody
negotiates better than Donald. We'll show you how he does it, why he does it,
and how you can make it work for you. We will share with you marketing
pieces for both finding and selling properties, and again I'll say this to you as I
have before. One of the critical things is being able to got out of a property
when the time is right for you. And that is what we'll show you how to do.

16
17
18
19

*

20

*

Slide 57: Risk Free Guarantee

21

Making money may not be enough ror some of you. You have lost, thousands
in the markets, but you worry about the $ 1495 that you pay here tonight-.

22
23

('Trial Glasu): Some of you are still worried. You say: I am convinced that
Trump University is the real deal. 1 am convinced that Donald Trump
can teach inc how to make money in real estate. 1 am convinced that I
don't have it chance of recovering my 401.1c losses unless I do something.

24
25

*

26

*

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 13 of 35

1

Slide 58: Take Control of Your Life

2

When you enroll in Trump University and make use of our systems, specific
knowledge and continuing support, you will be taking control of your life.
You will create a new normal for yourself; one that is much morn enjoyable
and rewarding than Your current situation.

3
4

Follow the proven practices, philosophy and guidance of Donald 'frump.

5
(1)

6

Promising students in blogs posted on Trump University's website

7 that Defendant Trump would be actively involved in Trump University and its
8 courses:
Trump University rew out of any desire to impart my business
ed
knowledge, accumulat over the years, and my realization that there is
a huge demand for practical, convenient education that teaches success.

9
10

I want the people who go to Trump University to succeed, and I
plan to do tray part to help them. I'm not just putting my name on this
venture; I plan to be an active presence in the curricula. The website,
www.trumpuniversity.com , will include such features as "Ask Mr.
Trump," in which I answer your questions; the blog you're reading
now; video clips of me; and more. My words, ideas, and image will also
be woven into the courses we create. The reason I'm playing such an
active role in Trump University is that I truly believe in the power of
education.. . . [T]he people who go to Trump University want to be
successful, and I'm on their side.

11
12
13
14
15
16

Another blog written under Defendant Trump's name promised: "Ihave to believe in

17

whatever Iput my name on, and it has to reflect who I truly am. To do otherwise

18

would be a disservice to me, my loyal customers, and prospective customers."

19

(m) Promising that he would personally select and answer students'

20

questions in a forum called "Ask Donald Trump," when the questions were selected

21

and the answers written by a same ghost writer (who was not a real estate expert).

22
23
24
25
26
27
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 14 of 35

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10
11
12
13
14

s

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`e `•" ~'x :~ .w

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writ

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15
16
17 I B.

The Truth

18

22. Defendant knew that these representations were false, that Defendant

19 Trump was not actively involved in Trump University's Live Events, did not select or
20 interview Trump University's Live Event instructors or mentors, that Defendant
21 Trump offered no input into the actual instruction provided to Trump University's
22 student-victims, that a ghost writer wrote the Donald Trump blogs and wrote most or
23 all of the answers to the "Ask Donald Trump" questions and that Trump University
24 did not have a faculty of professors and adjunct professors, but rather independent
25 contractors paid commissions for sales. In other words, Defendant promised Trump
26 University, but delivered neither Donald Trump nor a University.
27
28
883445_1

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 15 of 35

1

1.

Not Donald Trump

2

23. Though Defendant Trump represented that he would be so integrally

3 involved that Trump University was effectively learning from him, Defendant
4 Trump's involvement was "completely absent," as Defendant Trump has admitted in
5 court filings. Defendant Trump had virtually no involvement in determining, nor was
6 he even aware of, what the instructors actually taught or what the courses were.
24. Though Defendant Trump represented that all of Trump University's

7

8 instructors would be handpicked by him, thus implying that students would get the
9 next best thing to Defendant Trump himself, it was Sexton and COO David
10 Highbloom who interviewed the instructors and was in charge of hiring instructors. It
11 was also Sexton — not Defendant Trump — who would know what, if any, education,
12 professional experience, testing, and/or licenses was required of instructors. In most
13 cases, Defendant Trump did not even know who the instructors or mentors were, nor
14 had he met them.
25. Though the entirety of Defendant Trump and Trump University's

15

16 marketing and advertising campaigns were centered around Defendant Trump's real
17 estate expertise and access to Defendant Trump's coveted real estate "secrets," Trump
18 University did not teach Donald Trump's real estate "secrets" as promised. Rather,
19 Sexton (who had no real estate experience) was responsible for compiling course
20 materials and largely handed this task over to third parties in the industry such as
21 Dynetech, Mark Dove, and David Early.
22

2.

23

26. Though Defendant portrayed Trump University as a University with an

Not a University

24 admissions process and "Ivy League quality" rivaling Wharton Business School,
25 Trump University was unaccredited and unlicensed to operate as an institution of
26 higher learning. Trump University provided no degrees, no credits, no licenses, nor
27 anything else of marketable value to student-victims.
28
883445_1

11

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 16 of 35

27. Though Donald Trump in the Main Promotional Video and elsewhere

1

2 represented to would-be students that they would be taught by a faculty of "professors
3 and adjunct professors," Trump University had no such faculty. Rather, the
4 instructors were high-pressure salespeople hired as independent contractors and paid
5 on a commission basis based on the number and amount of Live Event sales made.
28. The Trump University PlayBook (see below) refers to students as

6

7 "Buyers" and directs "instructors" to prepare to "Sell, Sell, Sell!"
8 C. Trump University "Live Events"
29. Defendant literally had a "PlayBook" for his Scheme and nationwide

9

10 advertising campaign to mislead student-victims. The PlayBook contains a chart
11 depicting the upsell scheme executed across the country.
30. Specifically, Defendant first lured consumers in with a free 90-minute

12

13 Live Event called the Preview. The Preview is used to persuade students to purchase
14 the $1,495 "one year apprenticeship" course called the Fulfillment. If student-victims
15 purchased the Fulfillment, Defendant used the Live Event to convince them to
16 purchase Trump University's $35,000 Gold Elite program. Even then, after investing
17 nearly $36,500, students still do not receive Defendant Trump's "secrets" they were
18 promised, but are constantly subjected to upsells of additional Live Events, products
19 and books.
31. The Preview and Fulfillment were standardized through PowerPoint

20

21 presentations. For the upsell, speakers used standardized slides and worked from the
22 same script. There are detailed instructions in the PlayBook, down to where the
23 speakers and coordinators stand, the temperature of the room and music to be played
24 during the Introduction — "Money, Money, Money" from The Apprentice show.
The Preview

25

1.

26

32. Trump University conducted a massive advertising campaign with a

27 multi-million dollar annual budget for the Preview, through mainstream newspapers,
28 its website, online newspapers, Facebook, Twitter, YouTube, radio, email blasts, and
883445_1

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 17 of 35

direct mail. Seven to ten days prior to the Preview, ads proclaimed: Donald Trump is

1

2 "ready to share — with Americans like you — his best advice on investing in today's

`once-in-a-lifetime' real estate market" directly from "Donald Trump's hand-picked

3

4 instructors a systematic method for investing in real estate that anyone can use
5 effectively." Defendant mailed letters from Donald Trump inviting consumers to
6 learn from "one of my world-class instructors" about Defendant Trump's "proven
7 system for profitable real estate investing that anyone can use, right away, to score big
8 profits in today's market." A L.A. Times article quoted Donald Trump as saying that
9 "[i]nvestors nationwide are making millions in foreclosures ... and so can you!" 3

10 Other advertisements urged consumers to "Learn from the Master" — Donald Trump,"
11 that "It's the next best thing to being his Apprentice," and promised would-be students
12 that they would learn "insider success secrets from Donald Trump."
E

4

13

TRUMP

14
15
0.11 ~ nc n!

16

G

C

'.:'Advice

17
18
19
20
21
22
Trump's a grump about column on his 'priceless' tips, L.A.

3
David Lazarus,
23 Times, Dec. 16, 2007, http://www.latimes.com/business/la-fi16decl 6,0,1670633 .column. When
attended
24 lazarus seminar, he "learned by attending the Lazarus the event the Pasadena Hilton
Trump
seminar
was a two-hour sales

25 pitch Tor a three-day workshop that would cost people $1,495." Id.

from
http://www.trumpurealestate.com/market4
Screen
shot
26 Phoenix.html?cid=726078 (last visited February 3, 2010).
27 5
Screen shot from http://www.trumpuniversity.com/ (last visited February 3,

28 2010).
883445_1

11

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 18 of 35

6

1
2
31
12I
5
6
7

33.

At the Preview, students were greeted by a large screen projector and two

8 tall banners of Donald Trump's photo. The presentation opens with the song "Money,
9 Money, Money," and the Main Promotional Video is shown.
10

34.

11

The instructor is introduced as one of Donald Trump's top instructors

who was hand selected because of his expertise and knowledge in the real estate

12

business.

13

35.

The speaker induces the audience to trust in the Donald Trump name and

14 "family" by walking through the history of the Trump Organization and Defendant
15 Trump's `humble beginnings.' The speaker tells the audience that 76% of all
16 millionaires are created from real estate — that "anyone can do it," and that "it's not
17 easy, but it's simple if you know what you're doing, and we'll teach you what you
18 need to know." He states that the mission of Trump University is to "train, educate
19 and mentor entrepreneurs on achieving financial independence through real estate
20

investing" the Donald Trump way.

21
22
23
24
25
26
27
28
883445_1

16
11

Screen shot from http://www.trumptactics.com/ (last visited February 3, 2010).
- 17 -

Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 19 of 35

1
7

2
3
4
5
6
7
8
9
10

36.

The speaker emphasizes that on the television show, "The Apprentice,"

11 Donald Trump could only work one-on-one with one person a year, so he created
12 Trump University — not to make money for himself, but so that he could teach others.
13 With this program, "Mr. Trump takes you through an entire apprenticeship for one
14 year." The speaker emphasizes that "Trump University is owned, lock, stock and
15 barrel by Mr. Trump — it's his `baby,' his company,

designed to help him accomplish

16 his goal of leaving a legacy." The presentation plays on consumers' trust in the
17 Donald Trump name, The Apprentice show, Defendant Trump's wealth and
18 Defendant Trump's real estate expertise. Student-victims are shown slides that
19 portray Trump University as the latest Donald Trump achievement.
20
21
22
23
24
25
26

These and the following slides are from the official approved Trump University
PowerPoint presentation which was presented at a February 12, 2010 Preview Live
27 Event advertised to prospective customers via email blast, and provided in an online
28 Live Webinar format on or about February 12, 2010.

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7

11

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 20 of 35

1
2
3
4
5
6
7

9
10
11
12

37.

Throughout, the instructor portrays him or herself as knowledgeable in

13 the Donald Trump way of investing and that he or she is close to Defendant Trump
14 through firsthand accounts of Defendant Trump.
15

38.

The instructor also plays on the fears of the audience, which includes a

16 significant percentage of senior citizens. "How many of you lost a lot of your 401k
17 investment in the market? How many of you are retired or want to retire? How many
18 of you want to leave a legacy or property to your children or grandchildren?" The
19 speaker encourages attendees, including the elderly, to cash out their 401K' s or
20 increase their credit limits so they can supposedly make a higher return on their
21 investments in the foreclosure market. Consumers are told these strategies will make
22 them money — they are time-tested strategies that have been in the Trump family for
23 75 years. Consumers are told they will pay off their credit cards, pay off their cars,
24 and fully fund their retirement.
25
26
27
28
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 21 of 35

1
2
3
4
5
6
7
39.

8

The staff at the Live Events are taught to close sales "armed with

9 objections and rebuttals" set forth in the PlayBook and to "work the room with special
10 attention to team members in possession of a credit card that needs to be run."
11

2.

The Fulfillment

12

40.

The Preview was a 90-minute advertisement to persuade attendees to sign

13 up for the "Fulfillment," which purportedly provides a one-year "Comprehensive Real
14 Estate Education." However, for $1,495 the Fulfillment is a 3-day workshop plus a
15 phone number to call a "client advisor." Defendant promises mentors who will be
16 available for a full year. "Other people don't have anyone to call, but you've got
17 Trump. You'll call 40 Wall Street and they'll walk you through it."

The emphasis is

18 on persuading consumers that in signing up for Trump University, they can join the
19 Trump "family."
41.

20

At the Fulfillment, the Main Promotional Video is shown and/or students

21 are given personally-addressed letters from Defendant Trump.
42.

22

At the end of Day 1, the students are asked to fill out a detailed financial

23 I goal statement presumably to help them with their financial goals. Instead, these
24 statements are used for Trump University personnel to assess the liquid assets that
25 each student has to spend on the next Trump University program.
43.

26

Students are told at the Preview that the Fulfillment is "all you need."

27 However, at the Fulfillment, student-victims are told what they really need is the Gold
28 I Elite program for $34,995 to get a "full education," including a 3-day in-person
883445_1

11

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 22 of 35

1 mentorship with a full year of ongoing support from a Trump handpicked
2 multimillionaire mentor. To make the upsell, instructors make standardized pitches
3 using a separate PowerPoint slide presentation.
44.

4

The PlayBook directed personnel to convince student-victims that the 3-

5 day Fulfillment is not enough (even though it was pitched as such at the Preview) and
6 emphasized that all personnel must follow this procedure to ensure sales of Elite
7 programs.
45.

During the Fulfillment, the speakers pressure students to raise their credit

9 card limits on the pretext of purchasing property. At the end of the workshop,
10 Defendant's representatives asked students to use their credit cards to purchase the
11 Gold Elite program for $34,995. If they were unable to persuade students to purchase
12 at this level (or if students did not have sufficient funds or credit), Defendant's
13 representatives would encourage the students to purchase the "Trump Silver Elite"
14 program for $19,495, the "Trump Bronze Elite" program for $9,995, or an Elite
15 mentorship for approximately $25,000. Each of these prices was pitched as "one-day-

16 only" sales off the "regular" prices of $48,490 for Gold, $23,490 for Silver and
17 $10,995 for Bronze.
46.

18

Defendant's representatives did not warn students they were likely to

19 I incur finance charges, interest fees and late fees by charging the program on their
20 credit cards, but would tell students they would quickly make the money back.
21 Defendant's representatives also did not tell students that by increasing their credit
22 limits, they could damage their credit scores. And Defendant's representatives never
23 I warned students that by "maxing out" their credit cards, their credit scores could drop
24 even more significantly.
25

3.

The Elite Mentorship Program

26

47.

The Gold Elite program was sold on the promise of a mentorship with

27 Defendant Trump's handpicked real estate experts who would personally teach them
28
883445_1

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 23 of 35

1 Donald Trump's real estate strategies. Instead, none of the mentors was handpicked
2 by Donald Trump or trained in his investing "secrets."
48.

3

During the Gold Elite program, there was still constant up-sell pressure to

4 purchase other Trump University affiliate programs and products, varying in price
5 from $495 to $9,995. As a result, Class Members could ultimately spend upwards of
6 $70,000 after being lured in by a free Live Event.
7 D.

Governmental Investigations into Trump University

8

49.

In addition to the actions of the NYSED described above, Maryland and

9 Massachusetts required Trump University to change its name for all Live Events held
10 in those states.
11

50.

Attorneys General in 11 states and the U.S. Department of Justice

12 received numerous complaints against Defendant and Trump University, and at least
13 two Attorneys General launched investigations. In January 2010, Texas Attorney
14 General Greg Abbott's office launched a probe of Defendant and Trump University's
15 advertising and business practices after getting two dozen complaints. Abbott said he

16 was probing "possibly deceptive trade practices" dating back to 2008. Abbott's
17 investigation resulted in Defendant's ultimate suspension of all Live Events in Texas
18 in May 2010.
51.

19

In May 2011, the New York State Attorney General's Office also

20 launched an investigation into whether Donald Trump and Trump University
21 "engaged in illegal business practices." The investigation was described by the New
22 York Times as "the latest problem" in "a string of consumer complaints, reprimands
23 from state regulators and a lawsuit from dissatisfied former students," and was
24 prompted by about a dozen complaints concerning Trump University that Attorney
25 General Eric T. Schneiderman found to be "credible" and "serious.

"8

26
27

8
See Michael Barbaro, New York Attorney General Is Investigating Trump's
For-Profit School, New York Times, May 19, 2011.

28
883445_1

(I

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 24 of 35

52.

Florida Attorney General Bill McCollum's office has been reportedly

2 I "reviewing" 20 or more complaints from consumers who paid up to $35,000 for
3 I various Live Events.
4 E. The BBB Gives Trump University a Failing Grade

53.

5

The BBB refused to accredit Trump University due to its misleading

I

6 marketing, explaining that amongst other things, its classification as a
7 "school/academy/college/university" with "professors" was misleading to a
8 reasonable consumer.

Another factor contributing to your firm's ineligibility [for
accreditation as a BBB business] is your firm's name "Trump
University " which may potentially lead reasonable consumers to believe
that your firm is an academic institution. As you acknowledged in your
correspondence dated 1/4/2010, your firm does not meet the established
definition of a "university." However, your instructors and program
experts are referred to as "professors" and "faculty" in your promotional
materials and on your web site. Both terms are potentially misleading as
they are generally reserved for the teaching and administrative staff and
members holding academic rank in an educational institution.

9

10
11
12
13
14

54.

15

The BBB also found Trump University's website misleading in stating:

Trump University's School of Real Estate is accredited and we
back up our assertions with unequalled educational and mentoring tools,
such as retreats, phone and email coaching and on-site coaching, where
we actually send a Donald Trump recommended real estate professional
to your town to work with you for 3 days.
•

16
17
18

55.

19

In addition, the BBB also found, that Trump University's classification as

a "School/Academy/College/University" is misleading:

20

[Trump University's] services, as listed in your promotional
materials and on your web site, are inconsistent with the established
definition for this classification as you do not grant academic degrees or
certification and do not appear to have recognized academic charter.
Further, your company does not appear to be recognized as an academic
institution that is accredited by accrediting agencies recognized by the
Secretary of Education.

21
22
23

24
56.

25

gave Trump University a "D-" rating. After Defendant changed Trump University's

26

name in mid-2010, Defendant demanded an "A+" evaluation, and when the BBB was

27
28 1
883445_1

For these reasons, along with numerous consumer complaints, the BBB

~ unable to issue a good "grade" due to ongoing consumer complaints, Defendant

II

- 23 -

Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 25 of 35

11 Trump called the BBB and his lawyer threatened to sue the BBB. As a result, the
21 BBB changed Trump University's "grade" to "NR" for "Not Rated."
RICO ALLEGATIONS

3

4 A. The Trump University Enterprise
57. Trump University, LLC (now The Trump Entrepreneur Initiative LLC) is

5

6 a limited liability company registered in New York with its principal place of business
7 at 40 Wall Street, New York, New York. Trump University is one of the companies
8 in the Trump Organization conglomerate located in New York, New York. After a
9 related class-action lawsuit was filed in this District, Trump University changed its
10 name to "The Trump Entrepreneur Initiative" on or around June 2, 2010.
58. Trump University has never been an accredited University or held a

11

12 license to operate out of the State of New York as an educational institution. Trump
13 University does not offer any degrees, licenses or credits.
59. Defendant Trump and Trump University created a "fictitious office" at

14

15 160 Greentree Drive, Suite 101, Dover, Delaware 19904, in response to the NYSED's
16 demand that it cease operating as a "University" without a license in New York in
17 2005. The Dover address appears on mass emails sent to Plaintiff and the Class.
18 However, Trump University has never operated out of Dover, Delaware.
19

60. Trump University also maintained a sales call center in Utah.

20

61. At all times relevant hereto, Trump University conducted substantial

21 business throughout the State of California, including marketing, advertising, and
22 hosting Live Events in San Diego County and all over the State of California.
62. At all times relevant hereto, Trump University acted for or on behalf of

23

24 I Donald Trump in undertaking the acts and/or omissions alleged herein.
63. Trump University, LLC (now The Trump Entrepreneur Initiative LLC) is

25

26 an "enterprise" within the meaning of 18 U. S.C. § 1961(4), through which Defendant
27 I Donald J. Trump conducted the pattern of racketeering activity described herein.
28 I Throughout its existence, the Trump University Enterprise engaged in, and its
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 26 of 35

1 activities affected interstate commerce because it involved commercial activities
2 across state lines, including national marketing campaigns, multi-state Live Events,
3 and the solicitation and receipt of money from victims located throughout the country.
64. Defendant Donald J. Trump exercised substantial control over the affairs

4

5 of the Trump University Enterprise, through among other methods and means, the
6 following:
(a)

7

Providing the initial operating capital and holding an

8 approximately 93% ownership stake;
(b) Creating and approving marketing and advertising materials, which

9

10 featured his name, likeness (in most), and voice (in the Main Promotional Video);
(c) Selecting both the original name of Trump University and, five

11

12 years later approving the change to the current name of The Trump Entrepreneur
13 Initiative;
14

(d) Regularly reviewing financial records; and

15

(e)

Negotiating and authorizing others to negotiate significant

16 contracts, such as the lease for the Enterprise's headquarters.
65. Defendant Trump was a knowing and willing participant in the Scheme,

17

18 and reaped revenues and/or profits therefrom.
66. The Trump University Enterprise has an ascertainable structure separate

19

20 and apart from the pattern of racketeering activity in which Defendant Trump has
21 engaged. The Trump University Enterprise is separate and distinct from Donald J.
22 Trump.
23 B.

Pattern of Racketeering Activity

24

67. Defendant Trump, who is a person associated-in-fact with the Trump

25 University Enterprise, knowingly, willfully, and unlawfully conducted or participated,
26 directly or indirectly, in the affairs of the enterprise through a pattern of racketeering
27 activity within the meaning of 18 U.S.C. § 1961(1), 1961(5) and 1962(c). The
28 racketeering activity was made possible by the regular and repeated use of the
883445_1

11

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 27 of 35

1 ~ facilities, services, distribution channels, and employees of the Trump University
2 I Enterprise.

68. Defendant Trump committed multiple "Racketeering Acts," as described

3

4 below, including aiding and abetting such acts.

69. The Racketeering Acts were not isolated, but rather were related in that

5

6 they had the same or similar purposes and results, participants, victims, and methods
7 of commission. Further, the Racketeering Acts were continuous, occurring on a
8 regular (daily) basis throughout a time period beginning in mid-2007 and, upon
9 information and belief, continuing through at least 2010.

70. Defendant Trump participated in the operation and management of the

10

11 Trump University Enterprise by directing its affairs, as described above.
71. In devising and executing the Scheme, Defendant Trump and Trump

12

13 University personnel committed acts constituting indictable offenses under 18 U.S.C.
14 § § 1341 and 1343, in that he devised and knowingly carried out a material scheme or
15 artifice to defraud or to obtain money by means of materially false or fraudulent
16 pretenses, representations, promises, or omissions of material facts. For the purpose
17 of executing the Scheme, Defendant committed these Racketeering Acts, which
18 number in the thousands, intentionally and knowingly, with the specific intent to
19 advance the Illegal Scheme.
72. Defendant used thousands of mail and interstate wire communications to

20

21 create and perpetuate the Scheme through virtually uniform misrepresentations,
22 concealments and material omissions.
73. Defendant's fraudulent use of the mails and wires included the following

23

24 ~ items and communications sent by Defendant and Trump University personnel, to
25 Plaintiff and third parties via U.S. mail, commercial carrier, interstate wire, and/or
26 other interstate electronic media:
(a) Throughout the relevant time period, including on or about the

27

28 I dates set forth below, Defendant Trump and Trump University personnel, caused to be
883445_1

11

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 28 of 35

1 delivered by mail or by a private or commercial interstate carrier, or received
2 therefrom, according to the direction thereon, or at the place at which it is directed to
3 be delivered by the person to whom it is addressed, the items described above,
4 including those alleged below:
5

Fr om
Donald J. Trump,
New York

D ate
March or
April 2009

Donald J. Trump,
New York

6

To
Art Cohen,
California

Sonny Low,
California

March or
August 2009

7
8
9
10
11

Description
"Special Invitation from
Donald J. Trump" to
attend Preview in
Fremont, California
"Special Invitation from
Donald J. Trump" to
attend Preview in San
Diego, California

(b) Throughout the Class Period, including on or about the dates set

12

forth below, Defendant Trump and Trump University personnel, for the purpose of

13

14 executing the above-described Scheme caused to be transmitted in interstate
commerce by means of wire communications, certain writings, signs, signals and
15
sounds, including those alleged below:
16
From
To
Date
Description
17
Trump University,
Art Cohen, California August 26, Email to Art Cohen
18 New York
2009
regarding link to
Main Promotional
19
Video
20 Trump University,
Art Cohen, California April 29,
Email to Art Cohen
2009
regarding one full
21 New York
year of ongoing
22
support
David Early, Arizona April 14,
Email attaching
23 Michael Sexton at
Preview Script
Trump University,
2009
24 New York
Version 3.0
Mark Anthony,
Email attaching
April 14,
25 Michael Sexton at
Trump University,
California
2009
Preview Script
26 New York
Version 3.0
27

I

—

—

28
883445_1

II

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 29 of 35

1

Art Cohen,
California

D ate
David Early, Arizona; April 14,
Michael Sexton, New 2010
York; April B.
Neumann, New York
American Express,
April 2009
North Carolina

Trump University,
New York

Art Cohen, California May 11,
2009

From
Michael Bloom,
New York

2
3
4
5

To

6
7
8
9
10
11
12
13

Description
Email regarding
sales script

Credit card
transaction in the
amount of $1,495 for
Art Cohen's
purchase of the
Fulfillment Seminar
Email confirmation
of credit card
transaction in the
amount of $34,995
for Art Cohen's
purchase of the Gold
Elite program

CLASS ACTION ALLEGATIONS

14
74.

15

Plaintiff brings this class action on behalf of himself individually and all

16 others similarly situated, pursuant to Federal Rule of Civil Procedure 23.
75. The proposed Class consists of all persons who purchased Live Events
17
18 from Trump University throughout the United States from January 1, 2007 to the
19 present. Excluded from the Class are Trump University, its affiliates, employees,
20 officers and directors, persons or entities that distribute or sell Trump University
21 products or programs, the Judge(s) assigned to this case, and the attorneys of record in
22 this case. Plaintiff reserves the right to amend the Class definition if discovery and
23 further investigation reveal that the Class should be expanded or otherwise modified.
76.

24

This action is properly brought as a class action because:
(a)

25

The proposed Class is so numerous and geographically dispersed

26 throughout the United States that the joinder of all Class Members is impracticable;
(b) The disposition of Plaintiff's and proposed Class Members' claims
27
28 in a class action will provide substantial benefits to both the parties and the Court;
883445_1

11

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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 30 of 35

1

(c)

The proposed Class is ascertainable and there is a well-defined

2 community of interest in the questions of law or fact alleged herein since the rights of
3 each proposed Class Member were infringed or violated in the same fashion;
4

(d) There are questions of law and fact common to the proposed Class

5 which predominate over any questions that may affect particular Class Members.
6 Such common questions of law and fact include but are not limited to:
7

(i)

8

(ii)

Whether Donald Trump violated 18 U.S.C. § 1962;

9

(iii)

Whether Plaintiff and Class Members have been harmed and

Whether Defendant engaged in a fraudulent scheme;

10 the proper measure of relief;
11

(iv)

Whether Plaintiff and Class Members are entitled to an

12 award of treble, punitive damages, attorneys' fees and expenses; and
(v)

13

Whether, Plaintiff and Class Members are entitled to

14 equitable relief, and if so, the nature of such relief.
15

(e) Plaintiff's claims are typical of the claims of the members of the

16 proposed Class. Plaintiff and Class Members have been injured by the same wrongful
17 practices of Defendant. Plaintiff's claims arise from the same practices and conduct
18 that give rise to the claims of all Class Members and are based on the same legal
19 theories;
(f)

20

Plaintiff will fairly and adequately protect the interests of the Class

21 in that he has no interests antagonistic to those of the other Class Members, and
22 Plaintiff has retained attorneys experienced in consumer class actions and complex
23 litigation as counsel;
24

(g) A class action is superior to other available methods for the fair

25 and efficient adjudication of this controversy for at least the following reasons:
(i)

26

Given the size of individual Class Member's claims and the

27 expense of litigating those claims, few, if any, Class Members could afford to or
28 would seek legal redress individually for the wrongs Defendant committed against
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 31 of 35

1 them and absent Class Members have no substantial interest in individually
2 controlling the prosecution of individual actions;
(ii)

3

This action will promote an orderly and expeditious

4 administration and adjudication of the proposed Class claims, economies of time,
5 effort and resources will be fostered and uniformity of decisions will be insured;
(iii)

6

Without a class action, Class Members will continue to

7 suffer damages, and Defendant's violations of law will proceed without remedy while
8 Defendant continues to reap and retain the proceeds of his wrongful conduct; and
(iv)

X

Plaintiff knows of no difficulty that will be encountered in

10 the management of this litigation which would preclude class certification.
11

77.

Defendant and his agents had, or have access to, address information for

12 the Class Members, which may be used for the purpose of providing notice of the
13 class action.
14

78.

Plaintiff seeks damages and equitable relief on behalf of the Class on

15 grounds generally applicable to the entire proposed Class.
16

COUNT

17

Violations of the Racketeer Influenced and Corrupt
Organizations Act, 18 U.S.C. §1962(c)

18

79.

19

contained in the paragraphs above as if fully set forth herein.

20
21
22

Plaintiff re-alleges and incorporates by reference the above allegations

80.

This claim arises under 18 U.S.C. § 1962(c), which provides in relevant

Ipart:
(c) It shall be unlawful for any person employed by or
associated with any enterprise engaged in, or the activities of which
affect, interstate or foreign commerce, to conduct or participate, directly
or indirectly, in the conduct of such enterprise's affairs through a pattern
of racketeering activity ...

23
24
25

81.

26

At all relevant times, Defendant Donald J. Trump was a "person" within

the meaning of 18 U.S.C. §1961(3), because he was "capable of holding a legal or

27

beneficial interest in property." Defendant Trump was associated with the Trump

28
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 32 of 35

1 University Enterprise and conducted and participated in that enterprise's affairs
2 though a pattern of racketeering activity, as defined by 18 U.S.C. § 1961(5), consisting
3 of numerous and repeated uses of the mails and interstate wire communications to
4 execute a scheme to defraud in violation of 18 U.S.C. § 1962(c).
82.

5

The Trump University Enterprise was created and/or used as a tool to

6 carry out the Scheme and pattern of racketeering activity.
83.

7

Defendant Trump has committed or aided and abetted the commission of

8 at least two acts of racketeering activity, i.e., indictable violations of 18 U.S.C.
9 § § 1341 and 1343, within the past ten years. The multiple acts of racketeering activity
10 that they committed and/or conspired to, or aided and abetted in the commission of,
11 were related to each other, pose a threat of continued racketeering activity, and
12 therefore constitute a "pattern of racketeering activity."
84.

13

Defendant Trump's predicate acts of racketeering within the meaning of

14 18 U.S.C. §1961(1) include, but are not limited to:
15

(a)

Mail Fraud: Defendant Trump violated 18 U.S.C. § 1341, by

or caus g
o
16 sending or receiving, ocausing to be sent or received,, materials via U.S. mail or
17 commercial interstate carriers for the purpose of executing the Scheme, which amount
18 to a material scheme to defraud and obtain money on false pretenses,
19 misrepresentations, promises, and/or omissions. The materials include but are not
20 limited to, letters promoting the Scheme and bearing Defendant Trump's signature or
21 image; and
22

(b)

Wire Fraud: Defendant Trump violated 18 U.S.C. § 1343, by

23 transmitting and receiving, or causing to be transmitted or received, materials by wire
24 for the purpose of executing the Scheme, which amounts to a material scheme to
25 defraud and obtain money on false pretenses, misrepresentations, promises, and/or
26 omissions. The materials transmitted and/or received include but are not limited to,
27 interstate credit card transactions, emails promoting the Scheme, and the Main
28 I Promotional Video.
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 33 of 35

85. Defendant Trump knowingly and intentionally made these

1

2 misrepresentations, acts of concealment and failures to disclose. Defendant Trump
3 either knew or recklessly disregarded that these were material misrepresentations and
4 omissions.
86. Defendant Trump and Trump University obtained money and property

5

6 belonging to Plaintiff and the Class as a result of these violations. Plaintiff and other
7 Class Members have been injured in their business or property by Defendant Trump's
8 overt acts of mail and wire fraud.
87. Plaintiff and the Class have been injured in their property by reason of

9

10 Defendant Trump's violations of 18 U.S.C. § 1962, including the price paid for the
11 Live Events, which collectively amount to tens of millions of dollars, plus interest and
12 late fees incurred on their credit cards. In the absence of Defendant Trump's
13 violations of 18 U.S.C. § 1962, Plaintiff and the Class would not have incurred these
14 losses.
88. Plaintiffs and the Class's injuries were directly and proximately caused

15

16 by Defendant Trump's racketeering activity.
89. Defendant knew and intended that Plaintiff and the Class would rely on

17

18 the Scheme's fraudulent representations and omissions. Defendant Trump knew and
19 intended Plaintiff and the Class would pay fees as a result of same.
90. Under the provisions of 18 U.S.C. § 1964(c), Plaintiff is entitled to bring

20

21 this action and to recover their treble damages, the costs of bringing this suit and
22 reasonable attorneys' fees.
91. Defendant Trump is accordingly liable to Plaintiff and the Class for three

23

24 times their actual damages as proved at trial plus interest and attorneys' fees.
PRAYER FOR RELIEF

25

WHEREFORE, Plaintiff, individually and on behalf of all others similarly

26

27 situated, pray this Court to enter a judgment against Defendant that:
28
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 34 of 35

1

A.

Certifies the Class under Rule 23 of the Federal Rules of Civil Procedure,

2 as well as any appropriate subclasses, appointing Plaintiff as Class Representative,
3 and appointing his attorneys as counsel to represent the Class;
4

B.

Awards actual, compensatory, statutory, consequential damages;

5

C.

Awards punitive and treble damages;

6

D.

Awards equitable monetary relief, including restitution and disgorgement

7 of all ill-gotten gains, and the imposition of a constructive trust upon, or otherwise
8 restricting the proceeds of Defendant's ill-gotten gains, to ensure an effective remedy;
E.

9

Awards Plaintiff and Class Members the costs of this action, including

10 reasonable attorneys' fees and expenses and expert fees;
F.

11

Enjoins Defendant from continuing to falsely market and advertise,

12 conceal material information from the public, and commit unlawful and unfair
13 business acts and practices; orders Defendant to engage in a corrective notice
14 campaign, and requires Defendant to refund to Plaintiff and all Class Members the
15 funds paid;
16

G.

Awards declaratory relief;

17

H.

Awards pre judgment and post judgment interest at the highest rate

18 allowed by law; and
I.

19

Grants such further relief as this Court may deem just and proper.

20 DATED: October 18, 2013
21
22

ROBBINS GELLER RUDMAN
& DOWD LLP
JASON A. FORGE
RACHEL L. JENSEN
THOMAS R. MERRICK

23
/s/ Jason A. Forge
JASON A. FORGE

24
25

655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)

26
27
28
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Case 3:13-cv-02519-GPC-WVG Document 1 Filed 10/18/13 Page 35 of 35

1

ZELDES HAEGGQUIST & ECK, LLP
AMBER L. ECK
HELEN I. ZELDES
ALREEN HAEGGQUIST
AARON M. OLSEN
625 Broadway, Suite 1000
San Diego, CA 92101
Telephone: [phone]
619/342-7878 (fax)

2
3
4
5
6

Attorneys for Plaintiff and Proposed Class

7
8
9
10
11
12
13

ILII
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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