Botkin Chiarello Calaf Secures Summary Judgment in Securities Fraud Case

Botkin Chiarello Calaf
Botkin Chiarello Calaf
October 28, 2024

Botkin Chiarello Calaf won summary judgment for its client, Bryan Cooper, who was baselessly accused of securities fraud.

Plaintiff Mesa Irrevocable Trust purchased an alternative investment product from Mr. Cooper’s former employer, Consolidated Wealth Management (WCM). Years later, after CWM was reorganized through bankruptcy, Mesa Trust sued Mr. Cooper in his individual capacity, asserting that he had fraudulently induced this sophisticated, institutional investor to acquire the product from CWM.

On October 16, a Harris County court confirmed what we argued all along: that Mesa Trust’s claims against Mr. Cooper are meritless. After reviewing the parties’ submissions and hearing oral argument, the court determined that Mesa Trust was unable to produce sufficient evidence to substantiate the fraud claims and that any evidence adduced over the last two years of litigation favored Mr. Cooper. On that basis, the court granted Mr. Cooper’s motion for summary judgment on Mesa Trust’s fraud claims.

“We are glad that the district court vindicated Mr. Cooper and agreed with us that there was simply no evidence of fraud,” said name partner María Amelia Calaf.

In addition to María Amelia, Mr. Cooper is represented by Erin Eckhoff and Josh Kelly. Andrew Meade, Sam Haren, and Leanne Pinkerton of Meade, Neese & Barr co-counseled on this matter. 

The case is Mesa Irrevocable Trust, U.S. Bank Trust, N.A., Trustee v. Bryan Cooper v. Alvin Cox, Nancy Cox, and Justin Cox, No. 202262317, 133rd District Court, Harris County, Texas.

Botkin Chiarello Calaf
Botkin Chiarello Calaf

Botkin Chiarello Calaf Secures Summary Judgment in Securities Fraud Case

Published on
October 28, 2024
Botkin Chiarello Calaf Secures Summary Judgment in Securities Fraud Case
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Botkin Chiarello Calaf won summary judgment for its client, Bryan Cooper, who was baselessly accused of securities fraud.

Plaintiff Mesa Irrevocable Trust purchased an alternative investment product from Mr. Cooper’s former employer, Consolidated Wealth Management (WCM). Years later, after CWM was reorganized through bankruptcy, Mesa Trust sued Mr. Cooper in his individual capacity, asserting that he had fraudulently induced this sophisticated, institutional investor to acquire the product from CWM.

On October 16, a Harris County court confirmed what we argued all along: that Mesa Trust’s claims against Mr. Cooper are meritless. After reviewing the parties’ submissions and hearing oral argument, the court determined that Mesa Trust was unable to produce sufficient evidence to substantiate the fraud claims and that any evidence adduced over the last two years of litigation favored Mr. Cooper. On that basis, the court granted Mr. Cooper’s motion for summary judgment on Mesa Trust’s fraud claims.

“We are glad that the district court vindicated Mr. Cooper and agreed with us that there was simply no evidence of fraud,” said name partner María Amelia Calaf.

In addition to María Amelia, Mr. Cooper is represented by Erin Eckhoff and Josh Kelly. Andrew Meade, Sam Haren, and Leanne Pinkerton of Meade, Neese & Barr co-counseled on this matter. 

The case is Mesa Irrevocable Trust, U.S. Bank Trust, N.A., Trustee v. Bryan Cooper v. Alvin Cox, Nancy Cox, and Justin Cox, No. 202262317, 133rd District Court, Harris County, Texas.