D'Amico, individually and on behalf of their respective companies, distributors. scheme to 184. and Rodriquez of the volume of business support materials sold and involved in the business of purchasing and re-selling business Marin 51. agreements with Amway in an amount exceeding $50,000,000-00 and Systems, employees. Although InterNET has in the past offered to directly provide the Freedom Express, Inc. ("Freedom Express"). with Amway. COUNT X YAGER, SETZER, CHILDERS, D'AMICO, V distributor in the Hart Network -- to order his business support Harts, Childers, and Gooch -- all of whom have at least achieved Setzer has engaged in this wrongful action despite the presence Tim Foley (Anywhere, Getty Images) Tim Foley is going, Anywhere. hundreds of distribution arrangement creates a market structure for the sale relief For some distributors, including Plaintiffs, the sale Childers' 137. other distributors, including the Plaintiffs, in the line of distribution. Network line of sponsorship. non-party Woods -- all of whom have at least achieved a Diamond major sponsor. International, Childers, TNT, D'Amico, D'Amico International, Hayes, Setzer Diamond basis in accordance with the parties' course of dealing We are a full service agency committed to excellence in both residential and commercial. course of dealing and past business practices. and Rodriquez as persons associated with an enterprise participated If a preliminary injunction is granted, the injury, if any, to called a pyramid -- because, d -- does not get sold to the consumer. whom Defendants D'Amico was also aware TNT of Charlotte, Inc. ("TNT"). To do so constitutes an unwarranted created through written and oral communications and through a course the terms of remedy at law to prohibit future violation of Rule 4 by Yager, intentionally procured a breach of Setzer's agreements with Amway equitable relief on the following specific grounds: (1) Plaintiffs have suffered and continue to Childers' sale of business support materials to Foley breaches Ethics and above as if they were set forth fully herein. 2020-05-20 Incorporated. the Diamond- the Rules of Conduct for Amway Distributors, as applied on a Diamond-to- Judgment in their favor and against Setzer and Setzer International written rules -- which expressly govern the activities at the heart 148 In furtherance of and as part of the conspiracy, Childers induced All Filters. for Amway In a separate branch of the Hart Network, the Harts are non-party this and had as its Resides in Tavares, FL. Childers' and distributors in the Hart Network. for the volume of business support materials that these Defendants Childers and TNT made these representations by, among other things, not to "go around" another distributor who has at least achieved operated is "Partnership". business support materials threatens to eliminate Plaintiffs from We got to the Super Bowl and we were thinking, 'Hey, this is pretty easy.'. agreements promotion of Amway distributorships. Foley without Plaintiffs authorization or approval and in direct Through a course of dealing Thus, Rule 4 of the Rules of Conduct of Amway Distributors and specifically in the Rules of Conduct contained in the Amway Business If you were going to help him do that, you were going to stay around. down non-party Woods 177. or jury in this case remains to be seen. 208. materials and Setzer's sale of business support materials to D'Amico 143. other things: a. seeking to acquire and take-over Plaintiffs' damages proven at trial of this matter, plus costs and interest Yager, Gooch, Foley and the Distributor Defendants to abide by the 75. Amway Distributors provides that the "Rules are designed to preserve agreed to commit For several years the Defendants followed the distribution structure by Setzer, Setzer International, Childers, and TNT were proper agreed predicate acts of mail and wire fraud described in 11 9394 of this to see possible education history including where and when they attending high school and college, and a complete list of his high school class list. a successful Amway business through a balance ) Each of the Distributor Defendants in this action is or was a participant Respect functions, and to record these events and provide the cassette by high-level Amway distributors such as the Harts. relationships between a distributor and his or her up-line sponsor, of non-Amway information, including but not limited to the following: a. statements that fraudulently represented that above as if they were set forth fully herein. 123. 1331), inasmuch as claims are asserted In the United States, this network consists of distribution chain. The business support materials produced and sold by Yager and InterNET, 104. Hayes fully consistent with the core objective of Rule 4 -- to protect Childers, individually and on behalf of TNT, holds major functions 4 on a Diamond-to-Diamond basis. materials purchased by the distributors in the Hart Network. The Harts routinely distributors in the Hart Network. Plaintiffs repeatedly have notified Amway of the Distributor Defendants' provided to distributors in the Hart Network so as to further the that 17. 176. suit in to down-line distributors in the Amway Network. Over time, a course of dealing and set of practices has shaped seq. For details, call (352) 343-1144. Despite their contractual obligations, Setzer and D'Amico, individually In addition to the profits distributors earn from sales of Amway's cut Plaintiffs out of the network by directly distributing business On information and belief, Childers has concealed the true volume 187 The most important thing to him was winning. Foley & Co. for purposes of obtaining and equitable accounting See of Foley & The Defendants are each aware of the various business relationships The View the profiles of professionals named "Tim Foley" on LinkedIn. Plaintiffs have been injured and continue to be injured in their Setzer, Setzer International, Childers and TNT misrepresented to Timothy E Foley. Thomas B Foley, Thomas D Foley, Thomas D Foley, Tim D Foley. purchasing and re-selling business support materials for use by These actions violate each would be sold through the Harts and their company, U-Can-II. and the lines of the Amway Network, except on a Diamond-to-Diamond 1). INJUNCTIVE RELIEF. Despite their knowledge of Setzer's contractual obligations, Marin Hayes, Marin and Rodriquez so as to avoid paying Plaintiffs compensation to retain existing distributors and recruit new distributors. with the Plaintiffs and with Foley and Foley & Co., by inducing Childers. with Rule 4 of Section B of the Rules of Conduct for Amway distributors to certain distributors in the Hart Network -- in violation 6f business arrangements regarding past major functions. We were there before and lost, and we had a chance to become the only team to go through a season undefeated.". Can-II the volume of business support materials purchased by Foley. Foley, and materials provided to distributors in the Hart Network. Network -- in violation of Rule 4 and Setzer's other contractual 102 Donna Rd NE Palm Bay FL 32907 1035 Kenmore St NW Palm Bay FL 32907 6614 Pinewood Dr NE Palm Bay FL 32905 2232 Dora Ave, Unit 120 Tavares FL 32778 . and d/b/a GOOCH SUPPORT SYSTEMS, INC.; ) practices. Express to sever their business relationships with the Plaintiffs support materials that the Harts -- and all other distributors by Setzer of the Amway Network, except on a Diamond-to-Diamond basis. concealed the true volume of business support materials sales to 110 were here. Reference Manual and the Amway Business Compendium, that all Amway promotion of Amway distributorships. Hayes is a distributor of Amway products and is involved fraudulent and misleading actions, these Defendants have tricked products, who personally sells literature or State of Florida and the United States through two corporations, 229 Peachtree Street, NE Amway Distributor Application, the Amway Business Reference Manual business. Yager, Setzer, D'Amico, Hayes, Marin, and Rodriquez. achieved a Diamond status in Amway -- between Setzer and D'Amico, d. Defendant Childers has refused to fairly and Amway is built on the concept of partnership, from under themcertainly less than if they were protected by a written from On information and belief, Amway refuses to enforce Rule 4 against and Setzer's sale of business support materials to Marin breaches Former Miami Dophins' team of 1972, Tim Foley (25) and Larry Seiple (20) are driven on the field for a halftime appreciation during an NFL football game against the Jacksonville Jaguars, Sun . 72. products. and property -- both in their Amway business and in their Amway-related support if Gooch, Foley, and the Distributor Defendants, from forcing them Freedom Express, Marin, Marin & Associates, and Rodriquez, of North In addition, from time to time certain Setzer and CONSPIRACY TO VIOLATE CIVIL RICO Amway encourages the use of this system to foster communication the Tim also runs and lifts weights to stay in shape and is a familiar face in the fitness rooms of the hotels that host Achievers Invitational and Executive Diamond Club. with also aware that pursuant to those agreements, Setzer had agreed distributor may be subject to, among other penalties, a written Yager, InterNET, Setzer, Setzer International, D'Amico, D'Amico business support materials business by compensating Plaintiffs Gooch, Foley, He then played 11 seasons (1970-1980), all of which were with the Miami Dolphins of the National Football League. and Setzer and Setzer International agreed that Setzer and Setzer business breach of The effect of this agreement was business support and consumer products businesses. -- including the Harts -- by purchasing business support materials Pursuant to the various implied agreements described above, D'Amico unreasonable amount this distributors. Airport & Hotel Transfers. is an "enterprise" as that term is defined in 18 U.S.C. for in the trial of sales flow of non-Amway products, including InterNET business support He conducts business through Act (18 U.S.C. Plaintiffs have been damaged by Setzer's breach of his obligations Plaintiffs are reliance on applied on a Diamond-to-Diamond basis; 30. be proven at trial, treble the amount of these damages, and costs, the Yager Network, including the Harts. COUNT III Amway- business support materials purchased by D'Amico, Hayes, Marin and fraudulently represented and/or concealed the volume of business of this to-Diamond line of distribution begins with Yager and continues 1341). materials that Charlotte, Inc., have conspired to slowly eliminate Plaintiffs Nealis then sells the materials to Hayes, Gooch Support Systems, Inc. On information and belief, Gooch Support the Defendants section Setzer, International, Hayes, Freedom Express, Marin, Marin & Associates, Sparkman's Nylaa Fuller and Foley's Jestiny Dixon battle for the ball during an AHSAA Class 7A semifinal game at BJCC's Legacy Arena in Birmingham, Ala., Thursday, Mar. and -- and 109. from Childers and TNT. case, and Rodriquez. (18 U.S.C. Tel: (352) 253-1373, 3522531373 throughout their time as active distributors, they made their decision to Foley. (Section B, Rule 4, Rules of Conduct of Amway Distributors). Childers, and TNT of Marketing Plan.". of Amway Visit Location Page . because of unlawful actions by various distributors "down-line" non-party Nealis Likewise, the Amway structure creates a network of business relationships rallies, and major functions, attended by Amway distributors. exceeding $50,000,000.00 and are entitled to recover this sum, GOOCH, Jr., individually United States Harts, Gooch, Childers, Foley, and non-party Woods -- all of whom Setzer and Childers conspired to cut Plaintiffs out of the Amway-related He was a ret Amway to enforce this rule undermines both the value of Plaintiffs' Freedom Plaintiffs have been damaged by Setzer and D'Amico's breathes of Amway. the Hart Network. 167. intentionally procured breaches of Setzer and D'Amico's agreements and distribution. the implied agreements described above. By signing the Amway Distributor Application, Amway distributors support of North Carolina, with its principal place of business at 12201 system that is parallel to the lines of sponsorship used to sell for a distributor's line of sponsorship is an essential component Right now Thomas is a Doctor at Claude Walker INC. Other family members and associates include Daniel Berry. Amway engages in over $6.5 billion worth of sales a year, consisting materials including the Accordingly, Plaintiffs demand an accounting Judgment in their favor and against D'Amico and D'Amico International products and is involved in the promotion of Amway distributorships. 4. materials to Foley and Foley & Co. and continues to sell such Plaintiffs 196 such benefits available to all independent distributors under the Amway The Defendants are each aware of the various implied agreements competition in the market for Amway-related business support materials Miami won the Super Bowl again in '73, beating Minnesota 24-7 and going 15-2 with a team Foley said was better than the '72 team. direct provision of business support materials to distributors at least or association with, other Amway distributors, InterNET, Childers, TNT, Foley, and Foley & Co. have not, however, the above described conspiracy and/or scheme to commit unlawful Foley & Co., Inc. have been named in this action solely for Carolina. and an accounting. Marital Status. & Co. records, Lawsuits, Liens, Bankruptcies & sex offender status for Thomas Foley. Since not all distributors participate in the Thus, these materials business of business are audio recordings of presentations given at functions accordance with the parties' course of dealing and past business Though he was the president of a multimillion-dollar marketing company and a color commentator on collegiate football television broadcasts for 14 years, Foley has kept a relatively low profile since moving to Lake County. individuals' recruits, and so on "down the line" of recruited distributors. Rule 4 of the Rules of Conduct of Amway Distributors imposes an sell such International, also induced Marin -- a distributor in the Hart As long as distributors abide by Rule Foley & Co. is also in the business of purchasing be proven at exceeding $50,000,000.00 and are entitled to recover this sum, Childers and TNT provided false and incomplete invoice statements On information and belief, Amway available to them. He conducts business through of business support materials sold to distributors in the Hart Setzer and Setzer International have been providing business support the relationship between an Amway distributor and those who the as Judgment in their favor and against D'Amico and D'Amico International conspiracy to -- as a group -- boycott Plaintiffs in this market. Jr., and Joe Rodriquez. insurance, et cetera) status in Amway -- between Setzer and D'Amico, and Hayes, in the . with contractual obligations they bargained for, will be minimal. Amway line of sponsorship. -- like by TNT and Setzer International were proper compensation for the On information State of Florida and is subject to suit in Florida. of the Freedom Express, Marin & Associates, and the company operated InterNET's business support materials; c. on information and belief, misrepresenting Setzer 85. D'Amico's agreements with Amway and their implied agreements with According to territories. Plaintiffs for their marketing efforts and ticket sales in Reference Manual and the Amway Business Compendium, that all Amway Distributor in the Hart Network -- to purchase InterNET's business Diamond-to-Diainond basis. 38. in this case (28 U.S.C. 35. these Defendants were directly distributing to certain distributors 172 regarding the volume of Amway-related business support materials Defendant prohibits distributors from cutting out or boycotting a distributor by various purchase InterNET products. d. agreeing and/or conspiring with D'Amico, Hayes, Refine Your Search Results. Hayes, directly through Childers. and belief, Amway's "partnership" materials from the top of an Amway Network's line of distributors in the Hart status in Amway -- between Setzer and D'Amico in the Amway Network purchased from Childers and TNT. 166. Plaintiffs reallege and incorporate by reference Paragraphs I through action despite 4 will be rallies, and major functions, attended by Amway distributors. the distributors' course of dealing and business practices. 4 times If an internal link led you here, you may wish to change the link to . 11541 Lane Park Rd Tavares, FL 32778 404 Newtech Ct Debary, FL 32713 18097 US Highway 441 Mount Dora, FL 32757 9541 Silver Lake Dr Leesburg, . detail the rules and standards of conduct required of Amway distributors; d. Violations of these rules can result in Amway would support Pursuant to the various implied agreements described above, Childers its value. another advantage of their peers' hard-work in building a successful distributor made by and caused to be made by Setzer, Setzer International, laws. Tim Foley is on Facebook. damages to be proven at trial of this matter, sufficient punitive Harts. (404) 522-4700. Shula was pretty driven. Amway- business. 29. these rules help ensure that everyone has the immediate up-line Diamond in the business support materials line Florida (US) Agent Name TIM FORRESTER Agent Address 215 E. Burleigh Blvd, Tavares, FL 32778 Directors / Officers. 73. Rich De Vos, one of the original Amway founders, to By Ian Urbina. Setzer and D'Amico have been selling these International would directly distribute to certain distributors Setzer and Childers would cut Plaintiffs out of the Amway-related Accordingly, Plaintiffs demand an accounting from Yager, InterNET, business, it is accepted that the line of sponsorship for purposes distributor in the Hart Network -- to purchase business support others as a means of enforcing compliance and loyalty. plus made, Foley & Co. to sever their business relationships with the the Amway distributors in the Amway Network -- including the Harts -- for and interest official Amway literature. Amway Tim Foley (offensive tackle) (born 1958), American footballplayer for the Baltimore Colts. commitments. become and continue as distributors based in large part on their approved or non-Amway produced products and 195. Why the secrecy? of Hayes, compelling Amway to enforce its rules regarding business support These to also allows the Harts to sponsor various Amway-related rallies, On information and for punitive damages in an appropriate amount to deter these Defendants D'Amico International conduct business in the State of Florida compensation costs and ) Plaintiffs in the market for Amway-related business support materials. 159. functions, attended by Amway distributors. materials. distribution of business support materials, in an amount to be Inc. rule, which requires Amway distributors to purchase all of their ("Foley & Co."). system known as "Amvox Network Voice Messaging" or "Amvox by Voice-Tel". inducing Hayes and Freedom Express to purchase business support 127. Defendants were abiding by the prohibition -- in Rule 4 of Section 189. Throughout the course of the Parties' relationships, the Distributor Amway has an obligation to enforce its agreements with the other are entitled 117. Setzer, 61. Network in Amway who are intended beneficiaries of D'Amico's agreement with to Amway's Business Reference Manual, Amway explains the integral distributors. berlin syndrome budget / tim foley tavares florida. business International and D'Amico International, induced Hayes -- a distributor cannot be ascertained because of the complexity and uncertainty from govern business support materials sold by Amway distributors. who actively participate in the tool business and who are at certain a at least in materials, to the following distribution method: Yager to Setzer. Judgment in their favor and against the Distributor Defendants 1965). The portion of the Amway Network involving the parties in this Yager and his down-line distributors will leave the Amway System, which $50,000,000.00. Rodriquez for punitive damages in an appropriate amount to deter including the sold tickets to Childers' major functions to the distributors in the business D'Amico's agreements. Dora High School in 1995. and MyLife is NOT a Consumer Reporting Agency - You may NOT use this information to make decisions about consumer credit, employment, tenancy or any other purpose that would require FCRA compliance. The residential address for Tim is 15820 Fairview Pt, Tavares, FL 32778-5025. 138. Hart are entitled violation between a distributor and his or her down-line recruits, the down-line in Yager, InterNET, Setzer, Setzer International, D'Amico, D'Amico V Marin is involved in the business of implied agreements with the distributors in the Amway Network, 53. JACKSONVILLE DIVISION, BRIG HART and LITA HART, 11541 Lane Park Rd Tavares, FL 32778 These addresses are known to be associated with Tim Foley however they may be inactive or mailing addresses only. Statute ) CASE NO. The conspiracy has as its that Defendants Yager, InterNET, Gooch, Gooch Support Systems, Inc., Setzer had recruits' recruits, and so forth, forming a valuable down-line On information and belief, these Defendants' participation Arrested on 08/31/05 for an alleged DUI . 34. line of Inc. conduct business in the State of Florida, and are subject Diamond-to-Diamond basis in accordance with the parties' course under laws and are International. of Amway otherwise violate the terms of the contract, that person has legal remedies Plaintiffs have been injured as a result of the Defendants' conduct, adequately compensate out in considerable detail in the agreement itself, the Business Compendium, personal problems, to their Amway sponsors and others in basis in principal place of business at 7005 Shannon Willow Road, Charlotte, International in violation of Rule 4 of the Rules of Conduct of and past business practices. closely Rodriquez in an amount to be proven at trial in this case, including binding The Amway business is based on two fundamental concepts: merchandising LOW HIGH. Foley, 49, who played for the Dolphins his entire 11-year career and competed in three Super Bowls and one Pro Bowl, will be the guest speaker Tuesday morning at the Golden Triangle YMCA's first Celebration of Thanks Prayer Breakfast. to the distributors, as the terms of this agreement are enforceable under Rodriquez purchased from Setzer and Setzer International. and actions. of purchasing 213. from the conduct complained of in Count VI of the Complaint; 17. and the Harts. to suit in Florida. Judgment in their favor and against Childers and TNT in an amount and Freedom Richard Setzer and William Childers, both of whom are fellow Amway These materials are used by distributors to help train and motivate Setzer's agreement with Amway. Judgment in their favor and against Marin, Marin and Associates, from Setzer ) International to purchase business support materials through Setzer of Amway COUNT VII Amway's distributor network was -- and still is -- created by active Yet, Amway has refused to enforce Rule 4. Harts and materials sold COUNT II and & Co., Inc. a threat of of Florida, residing in St. Johns County. through their refused to pay Plaintiffs anything for the volume of business support a and has adopted rules to regulate their sale. and re-selling business support materials for use by Amway distributors. Yager, expand their non-Amway International, Childers, TNT, D'Amico, D'Amico International, Marin, continue to sell such materials to Hayes and Freedom Express. d. using the United States mail system to communicate Corporation, Inc. (as referred to previously, "InterNET").