Attorneys for Earl O’Garro Jr. and AmTrust E&S Insurance Services — the insurance company suing O’Garro — have been locked in a battle over the young executive’s failure to disclose his assets.
AmTrust filed a lawsuit in October charging that O’Garro’s company, Hybrid Insurance Group, received at least $300,000 for premiums on several policies, but did not send the money to insurance carriers. The suit also says that O’Garro made false statements and sent forged e-mails purportedly from AmTrust employees.
A Superior Court judge had ordered that O’Garro disclose his assets by Jan. 8. After he failed to do so, Andrew O’Toole, a lawyer for AmTrust, filed a motion for contempt against O’Garro. O’Garro’s attorney, Kevin Roche, has objected to that motion.
New documents filed by O’Toole this week include a series of emails between the attorneys. In one of them, Roche admonished O’Toole for disclosing his emails in a previous motion, and wished O’Toole “good luck” in his pursuit of O’Garro’s assets.
“It is inappropriate for counsel to use emails as exhibits in motions,” Roche wrote in an email dated Jan. 13. “I suggest you refrain from doing so in the future or I will be forced never to respond in writing.”
He added: “Good luck in your continued attempts to attach assets that either no longer exist or have already been seized.”
Roche declined to comment Friday.
In a memo to Roche dated Jan. 31, O’Toole indicates that O’Garro responded with a disclosure of assets statement, but he said O’Garro omitted information and failed to address many “crucial” questions in the document.
“The disclosure of assets statement produced while we were in court on [Jan. 27] to argue the plaintiff’s motion for contempt does not comply with the court’s order,” O’Toole wrote. “The statement is inadequate and only further demonstrates Mr. O’Garro’s continued disregard for the court orders. … Mr. O’Garro fails to respond to many crucial questions, and his responses to other questions are incomplete, omit requested detail and are purposefully evasive.”
O’Toole provided a list of what he called omitted or inaccurate information in O’Garro’s statement, including that 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 (Sources have said O’Garro owned a condo at The Ocean Club in Puerto Plata)
* Checked “no” to whether he operated a business
* Failed to provide where the businesses were registered
* Failed to provide the names of banks and other financial institutions with which he and Hybrid Insurance did business during the past three years
* Failed to indicate whether he has an individual retirement account or certificate of deposit
* Failed to identify any transfer of personal property in excess of $1,000 in the last five years
* Failed to itemize his expenses, but indicates that they are less than $6,000 a month. “He also indicates he has no income and no bank accounts,” O’Toole wrote, “and receives $200 from ‘relatives/friends.’”
O’Toole could not be reached for comment Friday.
You can read O’Toole’s affidavit, series of emails and letters to Roche here: affidavit for contempt motion