A Montana intellectual property attorney and his wife, attempting to recover losses from an alleged investment scam, have mistakenly targeted a Michigan cannabis company that was also a victim, according to the company's statements on Wednesday.
Cherry Industries LLC, a cannabis company based in Michigan, has initiated a lawsuit in federal court. The suit contends that false information has been disseminated through social media and misleading "tips" have been sent to Michigan cannabis authorities.
The legal action comes after a series of incidents involving a man who allegedly posed as a "highly successful entrepreneur," deceiving both Cherry Industries and the couple, Brian Pangrle and Silvia Marie Lazo. According to the lawsuit, both parties lost money investing with Lalit Kumar, who also used the alias Lalit Verma. Kumar's real identity remains uncertain due to the use of multiple passports and identities.
"Despite being caught up in one of the same Kumar/Verma schemes that damaged Cherry's own owner, even as defendants struggled to obtain justice through their putative class action they turned their sights on Cherry," the complaint stated. Pangrle and Lazo had filed a class action lawsuit in February 2021, accusing Kumar of defrauding investors. However, the case was halted after one of Kumar's businesses declared bankruptcy in October 2021.
Cherry Industries claims that Pangrle and Lazo have embarked on a "years-long scorched earth campaign" against them, mistakenly believing that targeting Cherry would harm Kumar/Verma. The lawsuit details how Kumar approached Cherry as a potential investor, claiming to have significant funds tied up in Chinese businesses. He managed to become involved with Cherry, convincing its owner, Clint Cerny, a former automotive executive, to invest in a personal protective equipment company, Future Health Technology LLC, at the start of the COVID-19 pandemic.
Kumar's promises about innovative protective face masks produced by Future Health were allegedly false, leading to significant financial losses for investors. Cherry Industries claims Kumar falsified scientific claims about the masks, pocketed the investments, and declared bankruptcy to avoid liability. Both Future Health and another of Kumar's companies, Redcliffe Medical Devices Inc., were registered at the same address in Southfield, Michigan.
Cherry Industries also asserts that they were named in a February 2021 Chapter 7 bankruptcy petition for Redcliffe. Kumar's attorneys falsely claimed to represent Cherry in these proceedings. The lawsuit notes that Lazo is listed as an unsecured creditor in the Redcliffe bankruptcy documents, which list numerous individuals financially involved with Kumar's face mask ventures.
Since late 2020, Pangrle and Lazo have allegedly implied or stated to third parties that Kumar/Verma owned or controlled Cherry Industries, accusing the company of being part of Kumar's fraudulent activities in widely shared social media posts. Cherry also claims that Pangrle and Lazo have repeatedly contacted the Michigan Cannabis Regulatory Agency, misleading regulators about Cherry's ownership. The cannabis industry requires clear and vetted ownership due to its heavy regulation, making these accusations particularly damaging.
Furthermore, Pangrle and Lazo have allegedly made false claims on social media that Cherry Industries uses the herbicide glyphosate in cannabis cultivation, suggesting the company's products are tainted or unsafe. Cherry Industries denies these allegations and argues that these falsehoods have caused substantial damage to their reputation and operations.
Cherry Industries is pursuing legal action for defamation, injurious falsehoods, and common law conspiracy. Brian Pangrle, a practicing intellectual property attorney based in Burbank, California, is licensed to practice law in California, New Mexico, and the District of Columbia.
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