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MGM Grand Hotel, LLC v. Shin

United States District Court, D. Nevada

March 8, 2017

MGM GRAND HOTEL, LLC, Plaintiff,
v.
KYUNG SHIN aka KYUNG S. SHIN; CANADIAN IMPERIAL BANK OF COMMERCE; CIBC SECURITIES INC.; DOES 1 through 10, inclusive; and ROE CORPORATIONS 1 through 10, inclusive, Defendants. AND ALL RELATED CLAIMS.

          LETTER OF REQUEST

          NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE.

         The United States District Court for the District of Nevada, to the Appropriate Authority in Canada, GREETINGS.

         WHEREAS, the above-caplioned civil action is pending in the United States District Court for the District of Nevada, in which Plaintiff, MGM Grand Hotel, LLC (the "Plaintiff), is represented by its counsel Craig S. Newman, Esq. and Anthony R. Ager, Esq. of Durham Jones & Pinegar, P.C., 10785 W. Twain Ave., Suite 200, Las Vegas, Nevada 89135; Defendant/Cross -claimant/Cross-Defendant, Kyung Shin aka Kyung S. Shin ("Mr. Shin"), is represented by his counsel Kirk T. Kennedy, Esq., 815 S. Casino Center Blvd., Las Vegas, Nevada 89101; Defendants/Cross-Defendanls/Cross-Claimants/Third-Party Plaintiff, Canadian Imperial Bank of Commerce ("CIBC") and CIBC Securities, Inc. ("CIBC Securities"), are represented by their counsel James E. Whitmire, Esq. and Jason D. Smith, Esq. of Santoro Whitmire, 10100 W. Charleston Blvd., Suite 250, Las Vegas, Nevada 89135; and Third-Party Defendant, Michael Velasco ("Mr. Velasco"), has yet to make an appearance in this action.

         WHEREAS, CIBC and CIBC Securities provide bank and investment services throughout Canada, including in the Province of Alberta.

         WHEREAS, Plaintiff alleges against CIBC and CIBC Securities the following causes of action; Wrongful Dishonor of Bank under NRS § 104.3301 et seq.; Breach of Implied Covenant of Good Faith and Fair Dealing; Fraudulent Misrepresentation; and Negligent Misrepresentation. Amongst other things, Plaintiff alleges that:

(a) CIBC issued a bank draft (no. 267817005) with a face value of $2 million Canadian dollars (or $1, 456, 000.00 in U.S. dollars) to Mr. Shin, in which Mr. Velasco participated in the creation of said bank draft and counter-signed the bank draft;
(b) On July 12, 2016, Mr. Shin presented and delivered to Plaintiff a copy of said bank draft (no. 267817005), together with a copy of the business card of Mr. Velasco, which set forth his title as assistant manager of the Calgary branch of CIBC Securities;
(c) On July 12, 2016, Rosy Quintero, a supervisor of corporate marker limit operations for Plaintiff, called Michael Velasco at the Calgary branch of CIBC Securities to verify the authenticity of said bank draft, and to confirm that there were no holds/stop payment on said bank draft. Ms. Quintero also independently verified that the phone number on Michael Velasco's business card was in fact an actual phone number of CIBC's branch in Calgary, Ontario, Canada;
(d) Michael Velasco told Rosy Quintero that said bank draft was authentic, and that there were no holds/stop payments on said bank draft. He also advised that he was one of the authorized signatories on such bank draft and that his signature appeared on such bank draft;
(e) Based upon Michael Velasco's verification of the authenticity of said bank draft, Mr. Shin was issued credit under three (3) credit instruments in the total amount of One Million Five Hundred Thousand and 00/100 Dollars ($1, 500, 000.00);
(f) Mr. Shin also wrongfully received complimentaries to which he was not entitled;
(g) On or about July 14, 2016, Defendant Shin cashed out $520, 500.00 in winnings from the wrongfully received gaming chips, and Plaintiff returned the bank draft to Shin and paid the credit instruments executed by Shin;
(h) On July 20, 2016, Mr. Shin again presented and delivered to Plaintiff a copy of said bank draft (no. 267817005), together with a copy of the business card of Mr. Velasco, which set forth his title as assistant manager at the Calgary branch of Defendant CIBC Securities;
(i) On July 20, 2016, Rosy Quintero again called Michael Velasco at the Calgary branch of CIBC Securities to verify the authenticity of said bank draft, and to confirm that there were no holds/stop payment on said bank draft. Ms. Quintero also independently verified that the phone number on Michael Velasco's business card was in fact an actual phone number of CIBC's branch in Calgary, Ontario, Canada;
(j) Michael Velasco again told Rosy Quintero that said bank draft was authentic, and that there were no holds/stop payments on said bank draft.He also advised that he was one of the authorized signatories on such bank draft and that his signature appeared on such bank draft;
(k) Based upon Michael Velasco's verification of the authenticity of said bank draft, on or about July 27, 2016 up through and including July 28, 2016, Mr.Shin was issued credit instruments totaling $1, 456, 000.00;
(1) Mr. Shin wrongfully received good and valuable consideration (e.g., gaming chips in the amount of $1, 456, 000.00) for the credit instruments to which Mr. Shin was not entitled;
(m) Mr. Shin also wrongfully received complimentaries to which he was not entitled;
(n) On the July 27-28, 2016 trip, Mr. Shin lost the entire $1, 456, 000.00;
(o) On July 28, 2016, CIBC issued a bank draft (no. 267818144) with a face value of $20 million Canadian dollars (or $15, 186, 028.85 in U.S. dollars) to Mr. Shin, in which Mr. Velasco participated in the creation of said bank draft and counter-signed the bank draft;
(p) On July 28, 2016, Mr. Shin presented and delivered to Plaintiff a copy of said bank draft (no. 267818144), together with a copy of the business card of Mr. Velasco, which set forth his title as assistant manager of the Calgary branch of CIBC Securities;
(q) On July 28, 2016, Keonie Moore, credit clerk for Plaintiff, called Mr. Velasco to verify the authenticity of said bank draft, and to confirm that there were no holds/stop payment on said bank draft;
(r) Mr. Velasco told Keonie Moore that said bank draft was authentic, and that t there were no holds/stop payments on said bank draft;
(s) On July 29, 2016, CIBC issued a bank draft (no. 267818086) with a face value of $4.1 million Canadian dollars to Mr. Shin, in which Mr. Velasco participated in the creation of said bank draft (no. 267818086) and countersigned the bank draft;
(t) On July 29, 2016, Mr. Shin presented and delivered to Plaintiff a copy of said bank draft no. 267818086;
(u) On July 29, 2016, Angelique Taylor, a supervisor of corporate marker limit operations for Plaintiff, called Mr. Velasco to verify the authenticity of said bank draft, and to confirm that there were no holds/stop payment on said bank draft;
(v) Mr. Velasco told Ms. Taylor that said bank draft was authentic, and that there were no holds/stop payments on said bank draft;
(w) Thereafter, on July 29, 2016, Lynda Bilbao, executive director of VIP accounts for Plaintiff, called Maria Jao at the Calgary branch of CIBC Securities to again verify the authenticity of bank drafts nos. 267818144 and 267818086, and to confirm that there were no holds/stop payments on said bank drafts;
(x) Ms. Jao told Ms. Bilbao that Mr. Velasco was the assistant bank manager at the Calgary branch of CIBC Securities. She also told Ms. Bilbao that said bank drafts were not legitimate bank drafts; and
(y) On or about July 29, 2016, Plaintiff presented CIBC bank draft no. 267817005 through normal banking channels for payment, and on August 11, 2016 the bank draft was ...

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