AFFIDAVIT OF BROOKE CRAWFORD - STATE OF TEXAS

Click below to download signed PDF

Moss Affidavit.pdf

Download PDF • 96KB

I, Brooke Crawford, being duly sworn, depose and state as follows:

I. Introduction

1. I am over the age of 18 years and competent to testify to the facts stated herein.

2. This affidavit is based on my personal knowledge of the events surrounding the

financial transactions, misconduct, and fraudulent actions involving Greg Moss,

Maritime Capital Management Partners USA, LLC (MCMP), Krohn & Moss,

Ltd., and related parties, including Mildred Drake Family Trust (MDFT) and

David Drake.

3. I submit this affidavit to detail the series of fraudulent and unethical actions by

Greg Moss and his affiliates, including financial misrepresentations, retroactive

application of agreements, fraud upon the court, and coercive attempts to harm

MDFT.

II. Parties Involved

1. Greg Moss – Partner and investor in Maritime Capital Management Partners

USA, LLC (MCMP) and principal of Krohn & Moss, Ltd.

2. Maritime Capital Management Partners USA, LLC (MCMP) – A Delaware

limited liability company involved in shipping operations.

3. Jim Hamilton – Associate of Greg Moss, representing MCMP’s financial

dealings.

4. David Schwartz – Lender who provided funds for the purchase of a tugboat in

February 2019.

5. Mildred Drake Family Trust (MDFT) – A family trust that attempted to assist in

recapitalizing MCMP.

6. David Drake – Representative of MDFT, engaged in negotiations with Greg

Moss and MCMP.

III. Timeline of Events

1. February 2019

a. Greg Moss, via MCMP and Jim Hamilton, borrowed money from David

Schwartz to purchase a tugboat and operate its business.

b. Moss personally guaranteed the loan, and MCMP also provided a

corporate guarantee.

2. March 2020

a. MDFT provided an indemnity to Greg Moss for funds borrowed after

March 2020.

3. Post-March 2020

a. Greg Moss, instead of fulfilling his obligations to David Schwartz,

borrowed money from his own law firm, Krohn & Moss, Ltd., to pay the

outstanding balance.

b. Despite this payment arrangement, MCMP failed to repay Schwartz, and

Moss did not disclose the full extent of his actions.

4. MDFT Recapitalization Efforts

a. MDFT, at the request of Greg Moss, engaged in efforts to recapitalize

MCMP to cover its financial losses.

b. MDFT sent representatives overseas to negotiate the purchase of Ionian

Shipping Agency, which ultimately failed due to the seller’s refusal to

transact, wasting significant time and resources.

c. Moss and Jim Hamilton were tasked with bringing financial institutions

to the deal, but they were unsuccessful.

5. Fraudulent Litigation

a. Greg Moss filed a lawsuit against MDFT, affiliated companies, and

individuals, alleging false claims and financial misconduct.

b. Moss obtained a summary judgment due to the illness of the primary

MDFT representative, who was unable to attend proceedings due to

COVID-19.

c. Subsequent investigation revealed that Moss lied on court documents to

obtain this judgment, including attempting to retroactively apply the

March 2020 indemnity to the February 2019 loan without lender

approval.

6. Fraudulent Note Sale Attempt

a. Greg Moss made fraudulent claims to sell a note related to the Schwartz

loan to MDFT, despite not owning the note or having legal rights to

transfer it.

b. Moss relied on the Schwartz judgment as substantiation, even though the

transaction occurred a year prior and did not involve MDFT.

7. Insurance Fraud Attempt

a. Moss and his attorney proposed insurance fraud to substantiate claims for

the transaction, further demonstrating intent to deceive and commit

unlawful actions.

IV. Legal Violations and Analysis

1. Fraudulent Misrepresentation and False Statements

a. Moss committed fraud by lying on court documents and retroactively

applying the March 2020 indemnity to a February 2019 transaction.

b. Legal Reference: 18 U.S.C. § 1001: Making false statements or

misrepresentations in legal or financial matters is a federal crime.

c. Case Law: United States v. Rodgers, 466 U.S. 475 (1984):

Misrepresentations that impact proceedings or outcomes constitute

actionable fraud.

2. Breach of Contract and Unauthorized Guarantee

a. The attempt to retroactively apply the March 2020 indemnity to a prior

loan without lender consent is a breach of contract and an abuse of

financial agreements.

b. Legal Principle: Contracts cannot be altered unilaterally or applied

retroactively without all parties’ consent.

3. Fraud Upon the Court

a. Moss’s deliberate misrepresentations to secure a summary judgment

constitute fraud upon the court.

b. Case Law: Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238

(1944): Fraud upon the court undermines judicial integrity and warrants

relief from judgment.

4. Fraudulent Transfer and Note Sale

a. Moss’s attempt to sell a note he does not own constitutes fraud and a

violation of property rights.

b. Legal Reference: UCC § 3-301: A party must have ownership or legal

standing to enforce a negotiable instrument or note.

5. Insurance Fraud

a. Moss’s willingness to engage in insurance fraud to substantiate claims

further implicates him in criminal conduct.

b. Legal Reference: 18 U.S.C. § 1341: Insurance fraud involving false

representations is punishable under federal law.

V. Analysis of Damages and Harm

1. Financial Harm

a. MDFT incurred substantial financial costs from Moss’s failed

recapitalization, overseas negotiations, and fraudulent legal proceedings.

2. Reputational Harm

a. Moss’s fraudulent claims damaged MDFT’s reputation and business

relationships.

3. Legal Costs

a. `MDFT and its affiliates were forced to incur significant legal fees to

defend against Moss’s baseless and fraudulent litigation.

VI. Relief Sought

Based on the facts and legal analysis provided above, I respectfully request the following:

1. Vacate the Summary Judgment obtained by Greg Moss due to fraud upon the

court.

2. Dismiss All Claims filed by Moss and MCMP against MDFT and its affiliates.

3. Investigate Greg Moss and MCMP for fraud, perjury, and misrepresentation

under federal and state law.

4. Award Damages to MDFT for financial harm, reputational damage, and legal

costs incurred due to Moss’s fraudulent actions.

5. Sanctions Against Greg Moss for abuse of legal process, bad faith litigation, and

criminal misconduct.

VII. Conclusion

Greg Moss engaged in fraudulent, unethical, and illegal conduct, causing significant harm to MDFT and affiliated parties. Moss’s retroactive misrepresentations, fraudulent legal filings, and attempts to defraud both the court and MDFT warrant immediate judicial intervention and appropriate sanctions. This affidavit is being filed in the Middle District of North Carolina as of today December 17, 2024. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 17, 2024.