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Nevada Business|Dispute Gets Nasty

LAS VEGAS (CN) - A powerful Nevada lobbyist whose formers business partners last week accused him of embezzling "tens of millions of dollars," struck back with a $180 million federal lawsuit accusing them of threatening to kill him and his family.

F. Harvey Whittemore and his wife, Annette, were suedlast week in Clark County Court by Wingfield Nevada Group Holding Co., which claimed that the lobbyist, developer, businessman and lawyer embezzled money to bankroll his lavish lifestyle.

The Whittemores fired back this week against Thomas A. Seeno, Albert Seeno Jr. and Albert Seeno III, who, as heads of Wingfield Nevada Group, have a combined net worth of up to $2 billion, according to Whittemore's complaint.

The company owns several casinos and large, master-planned developments in Nevada, as well as "oil and gas companies, bottling and beverage companies, dairies, realty companies and nurseries," Whittemore's complaint states.

In their complaint, the Whittemores claim that Albert Seeno Jr. and his son, Albert Seeno III, "are associated with organized crime networks, have associated with and are associating with known felons and are currently, along with the Doe defendants, under investigation by the FBI and IRS, and were raided by agents of the FBI, IRS, and the Secret Service."

Whittemore claims that after buying in to his Wingfield venture, Albert Seeno Jr., became "disgruntled about his investment" and started "falsely accusing Harvey Whittemore of embezzlement, fraud and other criminal activity."

The complaint continues: "Albert Seeno Jr. threatened to go to the FBI with information that he alleged he had regarding these alleged improprieties; that he would personally bring down every member of the political 'machine' in Nevada including references to U.S. Senators; that in the course of this threat asked whether Mr. Whittemore believed in God; whether Mr. Whittemore went to church; that Mr. Whittemore should gather his flock on Sunday and pray. Albert Seeno Jr. threatened that when he was through with Mr. Whittemore he would be disbarred and behind bars; that they would spend Mr. Whittemore into the ground and there was no way he had the finances to defend himself; that the Whittemores would have no friends left in Reno or Nevada; that he would bring down any business or friend associated with Mr. Whittemore; and that at Mr. Whittemore's funeral there would not be one person in attendance.

"At the conclusion of these threats, he reminded Mr. Whittemore of the threats he had made about murdering his own brother, Thomas Seeno, with his own bare hands and then threatened Mr. Whittemore's life and the lives of his entire family if he did not do as he was expressly instructed by Albert Seeno, Jr. These threats occurred in meetings in Reno, Nevada at the Peppermill Hotel and Casino in August 2010."

Continuing in this vein, the complaint adds that Albert Seeno III "instructed an employee ... to call Mr. Whittemore and tell him that, if the Seenos didn't get their money from an entity called BrightSource Energy, that he (Albert Seeno III) was going to personally fly to Reno and 'break Harvey's fucking legs.'"

Whittemore says he "reported these threats to police authorities."

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The complaint adds: "The Whittemores, operating under these threats of criminal prosecution, death and serious bodily injury, commenced transferring assets to WNG and to defendant Tom Seeno, in payment of his lawfully incurred debt to Tom Seeno. ...

"The Seenos have directed their employees to the Whittemores' homes to intimidate them and force them to give up assets, including jewelry, art and automobiles under the continued threat of bodily injury. These unlawful acts took place in excess of 5 times between September, 2010 and January, 2011.

"Because Mr. Whittemore was promised a full accounting by Albert Seeno, Jr. and WNG, and their lives and the lives of their children were threatened, the Whittemores transferred, and/or sold and turned over personal real estate holdings, vehicles, jewelry, cash, wine, furs, art, as well as the homes of their adult children to the Seenos. The Whittemores also transferred all of their ownership interest in WNG to the Seenos under threats of physical harm or death. The Seenos assured Mr. Whittemore that he would be given an accounting of all assets turned over and a reduction in the amount of the loans owing to Tom Seeno. The Seenos also assured Mr. Whittemore that he would be allowed to purchase his interest in WNG back by paying off the debt to Tom Seeno.

"In addition to the transfers of real property and various Whittemore investments turned over to the Seenos under these threats of physical harm, the Seenos sent employees or associates to the Whittemore home to collect all personal assets of any value. On one occasion, a large, very ominous and burly man named 'Ray' demanded that Mr. Whittemore open a safe in the house. They assured Mr. Whittemore that they only wanted to see what was in it and that they would take nothing from the safe. Mr. Whittemore got the combination from Mrs. Whittemore, as it was her safe, and opened it for inspection. The large, burly man then dumped everything in the safe into a bag and took it with him. Taken from the safe was a portion of Mrs. Whittemore's jewelry and cash, leaving behind only Mrs. Whittemore's passport. They also took Mr. Whittemore's watches and jewelry. The Seenos demanded, and the Whittemores transferred, most all of their family automobiles and most other assets that they had to the Seenos, except for certain retirement accounts and insurance policies."

Whittemore claims that the defendants failed to provide the promised accounting, and that Albert Seeno Jr. told him that he would never be allowed to buy back his interests.

"Based on current market values, the Whittemores believe that their interest in WNG, if they were allowed to repurchase that interest as promised, would be worth in excess of $60 million," the complaint states.

Whittemore also claims that the Seenos "are now taking certain actions to intentionally devalue the assets of WNG or claim fraud by the Whittemores ... so that they can improperly claim tax benefits to the IRS and receive huge tax write-offs in the hundreds of millions of dollars to be offset by gains in other Seeno companies."

For good measure, Whittemore's complaint describes the Seenos as "billionaire developers from Northern California who have been accused of having organized crime connections as well a close relationship with the California motorcycle gang known as the Hell's Angels."

Whittemore claims the defendants "unilaterally confiscated and misappropriated" all of his personal and corporate documents when they evicted him from his office, including a Steinway piano that belonged to his grandmother. He claims that thousands of accounting documents were transferred from Nevada to California or "destroyed or conveniently lost."

For the past year, the Whittemores say they "have been living under the threat of death, serious bodily injury and/or criminal and civil prosecution because of actions threatened by the Seenos."

Mrs. Whittemore says she can't eat, can't sleep and has general anxiety because of the threats.

The Whittemores demand punitive damages of $180 million for racketeering, contract, fraud, conspiracy and conversion.

They are represented by Dan C. Bowen with Bowen Hall, of Reno.

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