Madison - St. Clair Record

Thursday, November 21, 2019

Man accused of taking funds seeks to dismiss suit for allegedly failing to plead a cause of action

By Heather Isringhausen Gvillo | Aug 8, 2016

Law money 07

The president of Diversity Investment Group Inc. seeks to dismiss a lawsuit alleging he caused the plaintiff to suffer financial losses of more than $64,000.

Defendant Nick Marr filed a motion to dismiss on Aug. 2 through attorney Frederick Keck of Weilmuenster & Keck in Belleville.

He argues that plaintiff Brian Steele failed to plead a cause of action.

In Count I, Steele alleges Marr took funds belonging to Diverse Investment Group without authority and kept them for personal use. However, Marr argues that Steele has no legal interest in Diverse Investment Group and is not authorized to make allegations on behalf of the company.

In Count II, Steele alleges Marr owed a fiduciary duty to the plaintiff and to Diverse Investment Group.

Again, Marr argues that Steele has no legal interest or authority to speak on the corporation’s behalf.

Steele filed the lawsuit on June 24 through attorney David Fahrenkamp of Edwardsville. He alleges Marr took funds from Diversity Investment Group without authority.

Steele alleges he suffered monetary damages of at least $64,763.55 from January 2014 through December 2015. The plaintiff alleges Marr kept the money for his personal use, wrote checks payable to himself, used the funds to pay his home mortgage, withheld $2,000 from an employee’s paycheck and subjected the corporation to tax penalties of at least $7,000.

Steele seeks more than $50,000 and any other relief the court deems just.

Madison County Circuit Court case number 16-L-913

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Weilmuenster & Keck