ORIX Capital Markets, LLC recently settled its business defamation case against the owners of predatorix.com. As a result of this settlement, ORIX now owns the predatorix.com website, and Cyrus Rafizadeh has provided a statement and apology regarding his postings on the site. You can view Cyruss statement by clicking here here.
The following summarizes the events that led to the settlement.
In 2004, ORIX, on behalf of the Merrill Lynch Mortgage Investors Inc. Commercial Mortgage Pass-through Certificates Series 1999-C1 trust (the MLMI Trust), obtained a $10.8 million judgment against several Rafizadeh family entities relating to a Louisiana apartment complex. You can view the Louisiana judgment by clicking here here.
After the Louisiana trial, and approximately twenty-two days before the Louisiana judgment, the Rafizadehs created a company called Super Future Equities, Inc. (SFE).
On June 27, 2005, two days before the MLMI Trust was to hold a hearing related to its efforts to collect upon the Louisiana judgment, the judgment debtors filed bankruptcy petitions in the Southern District of Texas. Until recently, ORIXs efforts to collect upon the Louisiana judgment continued in the bankruptcy court, including adversary proceedings brought by the bankruptcy trustee and ORIX against Schumann Rafizadeh, SFE and various related entities.
In February 2006, SFE filed suit against ORIX, ORIX USA and certain of ORIXs employees in the Northern District of Texas, Dallas Division, alleging claims for breach of fiduciary duty, breach of contract, RICO violations, negligence and gross negligence. The Court dismissed SFEs claims in full in an Order dated December 14, 2007.
On the same day that SFE sued ORIX, Cyrus Rafizadeh launched this website, www.predatorix.com.
On April 4, 2006, ORIX filed a counterclaim against Schumann Rafizadeh, Cyrus Rafizadeh, SFE, and SFEs president and Cyrus Rafizadehs cousin, Thomas Arjmandi and his brother Michael Arjmandi, alleging that statements on predatorix.com constituted defamation, that the counter-defendants conspired to make the defamatory statements, and that those statements were harmful to ORIXs business reputation.
Trial on ORIXs defamation claims commenced on January 26, 2009, and the jury returned its verdict in favor or ORIX on February 6, 2009. You can view the jurys verdict in its entirety by clicking here.
At the same time the jury was returning its verdict, ORIX reached its settlement with Schumann Rafizadeh, Cyrus Rafizadeh, SFE, Thomas Arjmandi and Michael Arjmandi.
We are pleased to have this matter behind us. We invite you to visit our website, www.orix.com to learn more about ORIX and its services, employees, and community partners.