UNITED STATES DISTRICT COURT FOR THE

…………………………………………… DISTRICT OF INDIANA

)
……………………………, )
)
(Plaintiff) )
) DOCKET NO. ……………………………
-Against- )
)
) COMPLAINT FOR TORTIOUS
DWAYNE EAST, ) INTERFERENCE, PRIMAFACIE TORT,
RICH MIICH, ) DECEPTIVE ACTS AND PRACTICES IN
DANNY MILLER, AND ) BUSINESS, INTENTIONAL
) INFLICTION OF EMOTIONAL
FINLEY ) DISTRESS

(Defendants)

INTRODUCTION
Plaintiff, ………………………………, by counsel, pursuant to Rule

3 of the Federal Rules of Civil Procedure, files the following Complaint against Defendants,

Dwayne East, Rich Milich, Danny Miller and Finley, jointly and severally.

Plaintiff seeks (a) compensatory damages, and punitive damages in a sum not less

than $75,000.00, (c) reasonable attorneys’ fees, and (d) costs – arising out of

D e f e n d a n t ’ s acts of civil conspiracy, violation of U.S.C. § 1962, tortious interference

with contract and business expectancies, intentional infliction of emotional distress.

JURISDICTION AND VENUE

1. The United States District Court for ……………………………….. has

subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 (Federal Question),

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28 U.S.C. § 1332 (Diversity Jurisdiction) and 28 U.S.C. § 1367 (Supplemental Jurisdiction).

The parties are citizens of different States and the amount in controversy exceeds the sum or

value of $75,000, exclusive of interest, costs and fees.

2. The Defendants are subject to specific personal jurisdiction in Indiana.

They were physically present in Indiana. They emailed and otherwise executed contracts

within Indiana in furtherance of their extortion scheme. They committed multiple

intentional torts, in whole or part, in Indiana, causing injury to Plaintiff in Indiana. Their

conduct was purposefully directed at Indiana and was continuous and systematic. The

Defendants have contacts within Indiana such that the exercise of personal jurisdiction over

them comports with traditional notions of fair play and substantial justice and is consistent

with the Due Process clause of the United States Constitution.

3. Venue is proper in the United States District Court for the

……………………………………………. Indiana pursuant to Title 18 U.S.C. §

1965(a) and Title 28 U.S.C. § 1391(b)(2). The Defendants reside, are found, have agents, and

transact affairs in Indiana. A substantial part of the events giving rise to the claims stated in this

action occurred in the District of ………………………., where Plaintiff suffered actual damages

and special damages.

STATEMENT OF MATERIAL FACTS

4. This is a case about extortion and the illegal efforts of the four Defendants

jointly and separately to extract in excess of $75, 000.00 from Plaintiff through false claims,

deception, fraud, threats and intimidation.

5. On or about in …………………………, Dwayne East and Rich Milich

requested unearned funds by communicating with our client, SkinCure, that they worked

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more hours. Rich made more of such demands from SkinCure for settlement. The initial

settlement to be paid to Rich was $3000 in cash only, which happened to be $1755 more

than what he worked for. Rich is constant negotiations with SkinCure, who has been helping

him draft a settlement with stipulation like if my 88-year-old mother's disparagement (each

occurrence would be $50,000) – and again he up the amount to $4000 with SkinCure

support.

6. Dwayne East violated a settlement agreement……………………………….

Where he had signed a settlement agreement for $3000. Dwane stated he had already paid

Rich Milich before signing the settlement agreement. Rich Milich and Dwayne East were

sent as a crew to work in Worchester, MA. On the return of an uncompleted job, which they

made a unilateral decision to drive our vehicle home without authorization and only working

in 5 days.

7. In furtherance of the scheme to extort the Plaintiff, Rich Milich has been

defaming Jim by calling the police, making a false report. Rich Milich further made falsely

malicious and untrue statements to SkinCure and others about Plaintiff, that Plaintiff stole an

electric utility service poll on our property at 12000 Wilson Road. Jim paid Rich Milich to

install the pole on our farm property (this pole has been on the property for two years).

8. Plaintiffs encountered losses when Rich Milich and Dwane East, unilaterally

drove back from Worchester MA – 900 miles without finishing an asigned job. They used

Plaintiff’s gas money amounting to $700. Plaintiff’s vehicle had wear and tear at the amount

of $450, tolls $100, Plaintiff’s oil usage was $100, Plaintiff’s truck insurance was $200,

Plaintiff’s truck usage was $200, Plaintiff’s food usage was $250.

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 PARTIES

9. Plaintiff is a citizen of the state of Indiana and works as an independent

contractor for ………………………………….. During the course of his engagement with

defendants he was extorted by the Defendants Rich Miich, Dwayne East, Danny Miller, and

Finely.

10. Defendant, Rich Milich, Dwayne East, Danny Miller and Finley work for
………………….. as …………………………..

11. Defendant, Dwayne East, is a citizen of the state of

…………………...

12. Defendant Rich Milich, is a citizen of the state of ………………………..

13. Defendant, Danny Miller, is a citizen of the state of

…………………...

14. Defendant, F i n l e y , is a citizen of t h e s t a t e o f … … … … … … … . . .

FIRST CAUSE OF ACTION –

TORTIOUS INTERFERENCE

15. Plaintiff restates paragraphs 1 through 14 of this Complaint, and incorporates

them herein by reference.

16. At the time Rich Milich and Dwayne East extorted Plaintiff, Plaintiff had

valid and enforceable contracts with Defendant’s as subcontractors and existing business

relationship with Plaintiff’s client SkinCure which made Plaintiff to have a reasonable

expectation of earning substantial income from those business relationships.

17. Rich Milich and Dwayne East knew about Plaintiff’s business interests with

Plaintiff’s client SkinCure and business expectancies.

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 18. Rich Milich and Dwayne East intentionally interfered with Plaintiff’s

business expectancies by, inter alia, devising, aiding, abetting and actively participating in

the scheme to extort money from Plaintiff and to injure him in his business and reputation.

19. Rich Milich and Dwayne East’s improper methods, actions and practices

were, inter alia, defamatory, unethical, oppressive, over-reaching, fraudulent, hostile,

sharp, and criminal. R i c h M i l i c h a n d D w a y n e E a s t ’s interference with

Plaintiff’s business was completely unjustified.

20. Title 18 U.S. Code § 1951 criminalizes the conduct engaged in by Defendants.

That statute provides as follows:

“(a)Whoever in any way or degree obstructs, delays, or affects commerce or the

movement of any article or commodity in commerce, by robbery or extortion or attempts
or conspires so to do, or commits or threatens physical violence to any person or property
in furtherance of a plan or purpose to do anything in violation of this section shall be
fined under this title or imprisoned not more than twenty years, or both.”

21. In carrying out the plan to extort Plaintiff through false claims of settlement from

Defendant used wrongful means to achieve a wrongful objective. Defendants Rich Milich and

Dwayne East had no lawful claim to the money they sought. Defendants used bad-faith claims to

exploit Plaintiff into settlements.

22. As a direct result of Rich Milich and Dwayne East’s tortious interference

with Plaintiff’s business expectancies, Plaintiff suffered damages and incurred losses,

including, without limitation, injury to his business, loss of income, damage to Plaintiff’s

reputation, prestige and standing, and other damages in the sum of $75,000.00 or such other

amount as is determined by the court.

SECOND CAUSE OF ACTION –

PRIMA FACIE TORT

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 23. Plaintiff restates paragraphs 1 through 22 of this Complaint, and incorporates

them herein by reference.

24. In their attempts to extort payment of $.................. from Plaintiff, Defendants

Rich Milich and Dwayne East intentionally inflicted harm on Plaintiff without excuse or

justification. Their statements and actions were motivated by disinterested malevolence,

malice and the desire to extort a settlement from Plaintiff.

25. As a direct result of Rich Milich and Dwayne East’s actions, Plaintiff

suffered special damages and incurred loss, including, without limitation, injury to his

business and property (motor vehicle), loss of clients, damage to Plaintiff’s reputation,

prestige and standing, attorney’s fees, court costs, and other damages in the sum of $75,

000.00 or such other amount as is determined by the court.

THIRD CAUSE OF ACTION –

DECEPTIVE ACTS AND PRACTICES IN BUSINESS

26. Plaintiff restates paragraphs 1 through 25 of this Complaint, and incorporates

them herein by reference.

27. Rich Milich and Dwayne East’s false report to the police and their false

accusation of the Plaintiff to SkinCure that Plaintiff stole an electric utility service pole on

our property at 12000 Wilson Road constitute deceptive acts and practices in the conduct of

business, trade or commerce. Rich Milich and Dwayne East’s actions are unlawful.

28. Rich Milich and Dwayne East’s willful methods, acts, or practices were

consumer-oriented and misleading. Rich Milich and Dwayne East’s conduct involved an

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extensive extortion scheme involving the dissemination of information to Plaintiff’s clients

such as SkinCure, which have the potential to adversely affect consumers at large.

29. Plaintiff suffered injury and loss as a result of acts or practices which were a

violation Title 18 U.S. Code § 1951.

FOURTH CAUSE OF ACTION –

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

30. Plaintiff restates paragraphs 1 through 29 of this Complaint, and incorporates

them herein by reference.

31. Rich Milich and Dwayne East’s conduct and actions of extortion were

maliciously intentional, concerted, criminal and deliberately violative of Title 18 U.S. Code

§ 1951. They engaged in a series of acts that, taken together, constitute extreme and

outrageous behavior. They purposefully initiated a campaign to extort money from

Plaintiff, by, inter alia, maliciously defaming Plaintiff with scandalous accusations of

criminal conduct, that of stealing electric utility and a pole, destroy Plaintiff’s trade in

rendering lead protection in Dr. Dermotogoy offices.

32. Defendants Rich Milich and Dwayne East’s actions offend against generally

accepted standards of decency and morality and are atrocious and utterly intolerable. They

are Plaintiff’s subcontractors; hence they knew that their illegal actions would cause severe

emotional distress.

33. Defendant’s outrageous conduct were a violation of Title 18 U.S. Code §

1951, which also caused Plaintiff to suffer severe emotional distress, extreme fear and panic

as Plaintiff’s enterprise has been dwindling due to loss of business.

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 34. Defendants Rich Milich and Dwayne East’s misconduct constitutes

intentional infliction of emotional distress.

35. As a direct result of Rich Milich and Dwayne East’s misconduct, Plaintiff

suffered damages and incurred losses, including, without limitation, pain and suffering,

severe emotional trauma, anguish, stress and anxiety, injury to reputation, special damages

attorney's fees, costs and out-of-pocket expenses in the sum in excess of $.....................

which has greatly affected Plaintiff’s business that generates over $800,000.00 per year.

PRAYER FOR RELIEF

WHEREFORE, P l a i n t i f f respectfully requests the Court to enter Judgment

against Defendants, jointly and severally, as follows:

A. Compensatory damages in the amount of $.....................;

B. Punitive damages in the amount of $................ as a result of the Defendants’

specific intent to hard and destroy Plaintiff’s business and the actual emotional and

psychological harm inflicted on Plaintiff;

C. Postjudgment interest at the maximum rate allowed by Indian law;

D. Costs and such other relief as is just and proper.

TRIAL BY JURY IS DEMANDED

DATED: November 23, 2022

Respectfully submitted,

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 …………………………… (Plaintiff’s name)