As first reported here on FAA News, a Lakewood based company is involved in a massive ponzi scheme affecting numerous Lakewood area residents, as well as investors from across New York, New Jersey, and Ohio.
There are multiple civil lawsuits filed against these schemers. Most of the victims were duped regarding the schemers failed investment in nursing homes in Iowa.
The schemers have a history of demanding their victims adjudicate their claims in Bais Din instead of in court.
So, one of the victims agreed and adjudicated his claim of over $1 million in Bais Havaad.
The Bais Din ruled in favor of the plaintiff-victim.
After the scammer didn't pay the judgment, the plaintiff-victim filed a motion in Superior Court to confirm the psak.
The scammer responded by claiming that the arbitration agreement is not enforceable in a court of law and therefore the court must vacate the psak!
A key part of his argument was that the arbitration agreement was written in Hebrew and no English translation was provided to the court.
The plaintiff responded by providing an English translation.
At oral arguments on Friday, the scammer's attorney told the judge that before the psak can be confirmed he needs an opportunity to get his own English translation and see if it's any different from the plaintiff's translation.
Ocean County Superior Court Judge Valter Must agreed, ultimately denying to rule on the matter summarily. Instead the parties will have the next few months to litigate over the exact translation of the arbitration agreement.
Lesson learned: Write your arbitration agreement in English!
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