Texas Court Issues Opinion in Case Involving Fraudulent Business Venture | The Law Offices of Gregory D. Jordan

Texas Court Issues Opinion in Case Involving Fraudulent Business Venture

Earlier this month, a state appellate court issued an opinion in a Texas business law case involving allegations that the founders of a business committed fraud when soliciting new investments. The case was brought by former Houston-Oilers cornerback, Tomur Barnes.

The Facts of the Case

According to the court’s opinion, since retirement, Barnes began a career as a personal trainer. While at the gym, Barnes met a woman named Patoka, who told him about an investment opportunity. Evidently, Patoka, one of the defendants in the case, was opening a physical rehabilitation center with former Houston-Rockets star, Robert Horry. She explained to Barnes that she was looking for other athletes to make an investment, hoping this would bring credibility and notoriety to the newly opened facility, the Robert Horry Center.

Barnes agreed to invest $100,000, which he borrowed from another party. Barnes believed that he was investing in the Robert Horry Foundation. However, in reality, his investment was for a percentage of a separate company called K&K Holdings. As it turns out, K&K holdings was formed by Patoka and her then-boyfriend, Smith, to protect them from any liability arising out of the Robert Horry Center.

The history leading up to the filing of the case is complex. However, in short, Patoka and Smith, the sole members of K&K Holdings, had a profit-sharing agreement with the Robert Horry Center. Under the agreement, K&K Holdings was to receive 15 percent of the profits from the Robert Horry Center, with the remaining income to stay within the company.

Barnes eventually filed a Texas fraud lawsuit. Barnes explained that he was told by Patoka that he was investing in the Robert Horry Center and that all discussions he had with Patoka before he made his investment were centered around the Center. He testified that Patoka never mentioned the existence of K&K Holdings. It was not until a year later, when he received a letter indicating he owned a 12 percent ownership in K&K Holdings. At that time, Barnes was told that K&K Holdings was a holding company that owned all of the Robert Horry Center. It was not until later that he learned that was not the case, and that he did not have any direct ownership interest in the Robert Horry Center.

Patoka also testified. She testified that she made it clear to Barnes that he was investing in K&K Holdings, and that the company only held a 12 percent stake in the Robert Horry Center. However, Patoka could not produce any documentation of this. She also explained that she and Smith, who has since gotten married, opened Robert Horry Sports Medicine, LLC, in 2015. This business was an entirely separate legal entity from the Robert Horry Center, and that Barnes had no legal interest in the new company.

When asked about specifics regarding Barnes’ interest in the Robert Horry Center, Patoka knew little, and could not provide the court with documentation supporting her version of the events. She alluded to “informal meetings” where she explained everything to Barnes. However, she could not recall if there was any document that was ever given to Barnes clearly indicating his ownership interests.

Ultimately, the jury returned a verdict in favor of Barnes, awarding him $850,000. The award consisted of $500,000 in actual damages and $350,000 in punitive damages. Patoka and Smith appealed on several grounds.

Statute of Limitations

The appellants’ first issue on appeal was that Barnes’ claims of fraud were time-barred because he waited too long to file them. They argued that Barnes’ case arose when Barnes signed the document indicating he owned 12 percent of K&K Holdings. However, the court rejected the appellants’ argument, finding that the ongoing misrepresentations made by Smith and Patoka meant that Barnes’ cause of action accrued much later. The court explained, according to Barnes, he was not provided with any documentation of his interest, and that he was not given the full picture when asked to sign that document. The jury credited Barnes’ testimony, thus, his cause of action did not accrue upon the signing of the document.

Sufficiency of the Evidence

The appellants also challenged the sufficiency of the evidence on appeal. However, after reviewing the elements of Barnes’ specific allegations, the court affirmed the jury’s verdict. The court explained that there was ample evidence suggesting that Patoka and Smith were not acting in good faith when they solicited an investment from Barnes, and that the jury was free to accept Barnes’ testimony, as it did.

To be sure, this case is a complex one. However, in essence, it illustrates the importance of having an experienced attorney at your side throughout business negotiations. Had either party been working with an attorney, this case could likely have been avoided. Of course, some disputes are unavoidable, in which case having an attorney is also crucial.

Reach Out to a Dedicated Austin Business Lawyer

When success matters, every decision you make for yourself or your business is essential. Choosing which Austin business dispute attorney to handle your case is no exception. Attorney Gregory D. Jordan has over 30 years of experience helping businesses of all types deal with the full range of legal issues they confront, including breach of contract claims, fraud allegations, and more. To learn more about how we can help your business through the issues it faces, call 512-419-0684 to schedule a consultation today.

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