Rob D New v. JP Morgan Chase, NA

BACKGROUND

I. Factual History

a. The Film Financing Fraud In 2014, nonparties Benjamin McConley (“McConley”) and Jason Van Eman (“Van Eman”) began a scheme to defraud investors into investing in false film projects. See Compl. ¶ 18. In 2017, McConley and Van Eman began working with John Torres (“Torres”), who was a

1 Unless otherwise indicated, the facts set forth herein are taken from the Complaint and are accepted as true for purposes of resolving Defendant’s motion. See Hiroki Takahashi v. Cuyco, No. 15 Civ. 3763, 2018 WL 1525648, at *1 n.2 (E.D.N.Y. Mar. 27, 2018); Garrel v. NYLCare Health Plans, Inc., No. 98 Civ. 9077, 1999 WL 459925, at *1 (S.D.N.Y. June 29, 1999) (“The Vice President at Chase Bank, and, later, Ray Davido (“Davido”), a banker at Chase. See Compl. ¶¶ 2-6, 47, 100-105. New was one of the victims of this scheme, who invested in the fake film “Bleed Into One.” See Compl. ¶ 43; ECF No. 12-2. New was presented with a Funding Agreement (the “Agreement”), which “guaranteed that the investor’s cash contributions would be in a secure account at [Chase] and would not be transferred without the investor’s consent.” Compl. ¶ 21;

see generally ECF No. 12-2.…