HOUSTON (CN) - A gold and coin dealer named Brett Bogus lived down to his name, defrauding a husband and wife out of $20,500, the couple claim in court.
Angelica Perlman and David Arnold sued Brett Bogus, Brett Bogus Inc. dba Eagle Numismatics, The Gold Exchange, and a Bogus employee, James Milton, Chelette Jr., in Harris County Court.
"Defendant Brett David Bogus ('Bogus') represents himself as an expert in the field of coins and collectibles," the married couple claim in the lawsuit. "Since the payment of funds to Bogus in this matter, Bogus has been indicted on felony charges in a separate matter for failing to deliver on his promises. Bogus has also been a fugitive from a transaction in California where it is alleged he defrauded other people."
Perlman and Arnold say they "sought to acquire gold with money they had saved together as husband and wife," so they gave their money to Bogus, who promised that if they "were not satisfied, (they) could get their money returned through a refund."
So they invested, then, "after having some questions about the defendants," they asked for their money back. But Bogus refused to refund "at least $20,500," they say.
To top it off, they say, Bogus et al. "improperly attempted to have plaintiffs agree to additional purchases in order to distract from defendants' original fraudulent and deceptive behavior. Such behavior included fraudulent statements by Bogus as to why he had gone to jail during the relevant time period as well as statements by Bogus concerning his soon to be ex-wife's involvement in the removal of inventory. It is now known that Bogus went to jail during the transaction for misapplication of fiduciary property of a customer, that felony charges were filed against Bogus in Harris County, and that Bogus is presently out of jail on a $150,000 bond. It is also now known that in 2005 Bogus was charged with grand theft in California, but fled the state, and that he had to be extradited from Texas back to California."
The plaintiffs want their money back, and damages for breach of contract, theft, fraud, deceptive trade, breach of fiduciary duty and unjust enrichment.
They are represented by Steven Stricklin.