103 It really is ironic that Sebastian’s reaction was not specially pleaded by Sandra as being a misrepresentation. If it experienced operated on her brain in inducing her to make her third tranche of investments, 1 might have envisioned her to particularly plead it, Primarily For the reason that messages have been in composed kind. Nor did Sandra mention these messages in her AEIC.
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ninety eight Sandra attributes various representations to Ken and Sally, but none of these (nor all of them taken jointly) sum to your representation that SureWin4U was “Secure and successful” during the feeling with the plan currently being legit, not a scam.
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(b) The Safe and Rewarding Representation is relevant to all three tranches of her investments. In contrast, the opposite 3 actionable representations are related to only the third Tranche. They are as follows:
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I learn that in equivalent vein, the identify in the fourth defendant company was improved from “SW4U” to “Strategic Wealth” to dissociate it (with its authentic identify being “SW4U”) from SureWin4U.
I do accept that Sandra was defrauded by SureWin4U, and people driving it; but I usually do not obtain Ken, Sally, or Sebastian being amongst Individuals driving the scheme.
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one hundred and one In her submissions, Sandra contends that Sebastian lied when he claimed, “I also put all my money in”, for he had not practically put into SureWin4U each and every cent that he had. But that is not what Sebastian conveyed by his remark. He didn't imply that he experienced put in just about every cent that he experienced, and that is not what Sandra recognized both.
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