Attorneys for Earl O’Garro Jr. and AmTrust E&S Insurance Services returned to court Wednesday to address a motion for contempt filed against O’Garro after he failed to disclose his assets.
O’Garro and his company, Hybrid Insurance Group, are being sued by AmTrust, which has claimed that O’Garro made false statements and sent forged e-mails purportedly from AmTrust employees. The lawsuit also says that Hybrid received at least $300,000 for premiums on several policies, but did not forward the money on to AmTrust.
Andrew O’Toole, the attorney for AmTrust, has said that O’Garro did not disclose his assets until after a contempt motion was filed on Jan. 13. Superior Court Judge Carl Schuman had ordered that O’Garro disclose his assets by Jan. 8.
O’Garro eventually submitted a form listing assets, O’Toole said, but he omitted information and failed to address many “crucial” questions in the document. Among other omissions, O’Toole has said, O’Garro failed to identify 83 Johnson Road in Marlborough as property he owned; failed to provide the address for a condo he owned in the Dominican Republic; and checked “no” as to whether he operated a business.
On Wednesday, O’Toole told a Superior Court judge that O’Garro had not disclosed bank accounts for Hybrid and two other companies named in the lawsuit: Blaque Rock Capital and Marlbro’s Restaurant Group.
O’Garro testified that he did not have a majority stake in Marlbro’s Restaurant Group, and could not obtain Hybrid documents because he has not been able to access the company’s former office at 30 Lewis St. Sanford Cloud Jr., who owns 30 Lewis St. along with his sons Christopher Cloud and city Treasurer Adam Cloud, has said he took steps to evict Hybrid.
O’Garro said he tried twice in December to meet with the property manager, but the manager canceled both times. He testified that he did not attempt to access the building in January or February.
“The property manager indicated he would contact me,” O’Garro said.
Kevin Roche, O’Garro’s lawyer, called the asset disclosure form “vague” and “ambiguous” and said O’Garro filled it out to the best of his ability.
O’Toole has asked the court to find O’Garro in contempt, and require that he disclose the bank accounts for Hybrid, Blaque Rock and Marlbro’s, as well as pay the attorneys’ and court reporter’s fees for a deposition that took place outside of court on Monday and Tuesday.
No ruling has been made yet.