Filing Claims Wilcoxson Funneled Money, Paid For Kids' College With Winona Funds
July 28, 2016 at 4:25 p.m.
By Craig Brosman-
Attorney Mike Reed filed amendments with Kosciusko County Superior Court I Judge Duane Huffer on behalf of Dr. Dane Miller, a founder of Biomet against former Village At Winona Executive Director Brent Wilcoxson.
Within the multiple filings, Reed filed a motion to file an amended complaint, a motion for preliminary injunction, and a temporary restraining order against Wilcoxson, the former partner of Miller at Winona Restoration Partners.
Winona Restoration Partners created the Village At Winona. Wilcoxson handled day-to-day operations until early November.
The amended complaint sheds light on the suspicions of Miller after he took over Winona Restoration Partners from Wilcxoson
According to court filings in December, Wilcoxson refused to give Miller the books and records for WRP.
At that point, Miller filed a lawsuit against Wilcoxson to retrieve those company records.
In the motion to file for an amended complaint, Reed informed Huffer of the conduct by Wilcoxson as alleged by Miller.
Reed highlighted several instances in which Miller contends Wilcoxson acted without his knowledge or consent.
Those laid out in court filings are:
– Wilcoxson paying for his son Aaron’s college tuition from funds at WRP and entering the payments in the records for the company as contributions.
– Informing Grace College that a contract between the college and WRP had been gifted to Winona Arts, Restoration, and Preservation, without the knowledge or consent of Miller.
WARP is a not-for-proft, that according to Internal Revenue Service documents was created by Wilcoxson and has members of Wilcoxson’s family as the board of directors.
The contract previously paid WRP $18,200 a month, but was now paying WARP.
– Transferring 13 parcels of real estate owned by WRP to WARP, without the knowledge and consent of Miller.
– WRP paying Aaron Wilcoxson $12,000. The payment was originally entered as a loan, but later changed to a payment for services Aaron did around the grounds.
– Receiving a check in the amount of $26,900 for WRP and alleged only depositing$ $26,000.
– Selling 50 percent of WRP’s interest in Winona Mercantile for $30,000, with WRP only receiving $1,000 of the sale. The remaining $29,000 was paid to WARP.
At the end of the amended complaint against Wilcoxson, Reed demanded that the court set the matter for a jury trial on all the issues above. Miller is also seeking financial restitution for actual and punitive damages against Wilcoxson.
In addition, within the amended complaint Reed levied claims against Wilccoxson of breach of fiduciary duties, fraud, constructive fraud, conversion and unjust enrichment.
In the complaint, Miller requests restitution from Wilcoxson.
On the mattter of the 13 parcels of real estate that were allegedly wrongfully transferred from WRP to WARP, Reed and Miller filed a motion for a temporary restraining order against Wilcoxson and the motion was granted by Huffer.
The temporary restraining order is to remain in affect until July 7.
Friday at 1:30 p.m. there will be a hearing for Miller s application for a preliminary injunction.
In the meantime, the temporary restraining order proteccts the 13 parcels of real estate from Wilcoxson, destroying, removing or altering any buildings, improvements, fixtures or other property on the parcels until the July 6 court date. The main point of contention is over the Mikesell fountain that has been removed. Miller s restraining order cites intentions by Wilcoxson to remove the base of the fountain, which is a historical landmark to Winona Lake. The Fountain was previously located on one of the 13 parcels, but Wilcoxson tore it down.
Miller informed the Times-Union that he would not provide a comment on the legal proceedings until the case has gone through the courts.
Miller’s attorneys were unavailable for comment as of press time.[[In-content Ad]]
Attorney Mike Reed filed amendments with Kosciusko County Superior Court I Judge Duane Huffer on behalf of Dr. Dane Miller, a founder of Biomet against former Village At Winona Executive Director Brent Wilcoxson.
Within the multiple filings, Reed filed a motion to file an amended complaint, a motion for preliminary injunction, and a temporary restraining order against Wilcoxson, the former partner of Miller at Winona Restoration Partners.
Winona Restoration Partners created the Village At Winona. Wilcoxson handled day-to-day operations until early November.
The amended complaint sheds light on the suspicions of Miller after he took over Winona Restoration Partners from Wilcxoson
According to court filings in December, Wilcoxson refused to give Miller the books and records for WRP.
At that point, Miller filed a lawsuit against Wilcoxson to retrieve those company records.
In the motion to file for an amended complaint, Reed informed Huffer of the conduct by Wilcoxson as alleged by Miller.
Reed highlighted several instances in which Miller contends Wilcoxson acted without his knowledge or consent.
Those laid out in court filings are:
– Wilcoxson paying for his son Aaron’s college tuition from funds at WRP and entering the payments in the records for the company as contributions.
– Informing Grace College that a contract between the college and WRP had been gifted to Winona Arts, Restoration, and Preservation, without the knowledge or consent of Miller.
WARP is a not-for-proft, that according to Internal Revenue Service documents was created by Wilcoxson and has members of Wilcoxson’s family as the board of directors.
The contract previously paid WRP $18,200 a month, but was now paying WARP.
– Transferring 13 parcels of real estate owned by WRP to WARP, without the knowledge and consent of Miller.
– WRP paying Aaron Wilcoxson $12,000. The payment was originally entered as a loan, but later changed to a payment for services Aaron did around the grounds.
– Receiving a check in the amount of $26,900 for WRP and alleged only depositing$ $26,000.
– Selling 50 percent of WRP’s interest in Winona Mercantile for $30,000, with WRP only receiving $1,000 of the sale. The remaining $29,000 was paid to WARP.
At the end of the amended complaint against Wilcoxson, Reed demanded that the court set the matter for a jury trial on all the issues above. Miller is also seeking financial restitution for actual and punitive damages against Wilcoxson.
In addition, within the amended complaint Reed levied claims against Wilccoxson of breach of fiduciary duties, fraud, constructive fraud, conversion and unjust enrichment.
In the complaint, Miller requests restitution from Wilcoxson.
On the mattter of the 13 parcels of real estate that were allegedly wrongfully transferred from WRP to WARP, Reed and Miller filed a motion for a temporary restraining order against Wilcoxson and the motion was granted by Huffer.
The temporary restraining order is to remain in affect until July 7.
Friday at 1:30 p.m. there will be a hearing for Miller s application for a preliminary injunction.
In the meantime, the temporary restraining order proteccts the 13 parcels of real estate from Wilcoxson, destroying, removing or altering any buildings, improvements, fixtures or other property on the parcels until the July 6 court date. The main point of contention is over the Mikesell fountain that has been removed. Miller s restraining order cites intentions by Wilcoxson to remove the base of the fountain, which is a historical landmark to Winona Lake. The Fountain was previously located on one of the 13 parcels, but Wilcoxson tore it down.
Miller informed the Times-Union that he would not provide a comment on the legal proceedings until the case has gone through the courts.
Miller’s attorneys were unavailable for comment as of press time.[[In-content Ad]]
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