Lawsuit: Pending Volt Bank, Inc. v. .AstuteSundew823 [2025] FCR 119

Case Filing

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION

Volt Bank, Inc. (represented by ToadKing)
Plaintiff

v.

.AstuteSundew823 (Kakintus/Mikhail Kaukin)
Defendant

COMPLAINT
The Plaintiff complains against the Defendants as follows:

The Defendant fraudulently obtained a $500,000 loan by concealing an existing mortgage on the collateral property, without the Plaintiff's consent or knowledge, in violation of a loan agreement, constituting Breach of Contract and Fraud.

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I. PARTIES​

1. Volt Bank, Inc.
2. .AstuteSundew823 (aka Kakintus and Mikhail Kaukin)

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II. FACTS​

1. On 2 November 2025, the Defendant executed a Mortgage Agreement with Pepecuu for $200,000. (P-001)
2. Under Section 2.1 of the Pepecuu Mortgage Agreement, the Defendant agreed that "upon successfully securing and completing the purchase of the real property located at Av-yachtclub, Aventura, Redmont... The Borrower shall grant Lender a THIRTY PERCENT (30%) fractional, first priority mortgage lien on The Property." (P-002)
3. By signing the Pepecuu agreement, the Defendant legally committed to encumber the property "av-yachtclub" with a 30% mortgage lien in favor of Pepecuu.
4. On 3 November 2025 at 14:35 GMT+1 (one day later), the Defendant executed a Loan Agreement with Volt Bank for a principal amount of $500,000. (P-003)
5. The Loan Agreement required the Defendant to pledge the property "av-yachtclub" as full collateral to secure repayment of the loan. (P-004)
6. The Defendant represented and warranted in Section 2.4 of the Loan Agreement that they were "the legitimate owner of the Collateral, free of any other liens or claims, and that no other party has rights to it." (P-005)
7. This representation was fraudulent. The Defendant had already contractually committed to granting Pepecuu a 30% first-priority mortgage lien on the same property one day earlier, and concealed this encumbrance from Volt Bank.
8. Section 3.1 of the Volt Loan Agreement defines as an Event of Default: "Unauthorized Transfer of Collateral: The Borrower sells, transfers, trades, leases, or lists for sale any of the Collateral (or any part of it) without the Lender's prior consent, or otherwise disposes of or encumbers the Collateral in any way before the loan is fully repaid." (P-006)
9. By signing the Pepecuu mortgage agreement before obtaining Volt's loan, the Defendant had already "encumbered the Collateral" without Volt's knowledge or consent.
10. Relying on the Defendant's fraudulent misrepresentations, Volt Bank disbursed $500,000 to the Defendant on 3 November 2025 at 21:04 GMT+1. (P-007)
11. The Defendant then used the combined loan proceeds from Volt Bank ($500,000) and Pepecuu ($200,000), plus approximately $100,000 of other funds, to purchase the property "av-yachtclub" from xSyncx for $800,000. (P-008)
12. The Defendant has failed to make any payments on the Volt loan and has defaulted on all obligations under the Loan Agreement.
13. The total amount owed under the Loan Agreement is $650,000 (principal of $500,000 plus $150,000 in total financing fees over the 3-month loan term). (P-009)

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III. CLAIMS FOR RELIEF​

1. BREACH OF CONTRACT​

Section 7 of the Contracts Act states:

7 - Breach of Contract
(1) A breach of contract occurs when a party fails to fulfil its contractual obligations.
(a) Remedies for breach may include damages, specific performance, or other equitable relief.

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The Defendant breached the Loan Agreement under Section 7 by:

1. Encumbering the collateral property with a 30% mortgage lien to Pepecuu without Volt's consent, constituting an Event of Default under Section 3.1
2. Misrepresenting that the collateral was "free of any other liens or claims" when it was already encumbered
3. Failing to make required monthly interest payments
4. Failing to provide valid security interest in unencumbered collateral

Under Section 3.3 of the Loan Agreement, upon default, Volt Bank is entitled to accelerate the entire loan balance, seize collateral, and pursue legal remedies.

2. FRAUD​

The Defendant committed the criminal offence of Fraud under Part VII, Section 7 of the Criminal Code Act.
Part VII, Section 7 defines the offence of fraud as:

(a) knowingly or recklessly misrepresents or omits a material fact to another, causing the other party to rely on that misrepresentation, resulting in actual, quantifiable harm.

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The Defendant knowingly misrepresented and omitted a material fact to Volt Bank by falsely warranting that the collateral property "av-yachtclub" was "free of any other liens or claims" and concealing the existing 30% first-priority mortgage lien granted to Pepecuu one day earlier.

Volt Bank relied on this misrepresentation in extending $500,000 in credit, resulting in actual, quantifiable harm of at least $650,000 (the accelerated loan balance) when the Defendant defaulted and the collateral was revealed to be encumbered.

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IV. PRAYER FOR RELIEF​

The Plaintiff respectfully requests that this Court grant the following relief:

1. A Court Order rescinding the purchase of "av-yachtclub" from xSyncx to the Defendant, requiring the property be returned to xSyncx, the $800,000 purchase price be returned, and the funds distributed as follows: $500,000 to Volt Bank, $200,000 to Pepecuu, and $100,000 back to the Defendant.

2. In the alternative, if rescission is not granted, a Court Order authorising Volt Bank to immediately seize and take ownership of the property "av-yachtclub" pursuant to Section 3.3 of the Loan Agreement.

3. $650,000 in Compensatory Damages ($500,000 principal plus $150,000 in financing fees) pursuant to Legal Damages Act Section 4.

4. $100,000 in Punitive Damages for the Defendant's outrageous fraudulent conduct in concealing existing encumbrances to fraudulently obtain $500,000, distributed: $50,000 to Volt Bank, $50,000 to Pepecuu; pursuant to Legal Damages Act Section 5.

5. $225,000 in Legal Fees representing 30% of this case's value.

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EVIDENCE​

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 7th day of November 2025

Motion

IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION FOR EMERGENCY INJUNCTION

The Plaintiff requests that this Court issue an emergency injunction to preserve assets and prevent irreparable harm.

The Defendant fraudulently obtained $500,000 by concealing an existing 30% encumbrance on collateral property when representing to Volt Bank that the property was "free of any other liens or claims." The Defendant used these fraudulently-obtained funds to purchase the property "av-yachtclub" for $800,000 and has now defaulted on all loan obligations.

Without immediate intervention, the Defendant can transfer, sell, encumber, or dissipate these assets, rendering any judgment uncollectible and depriving the Plaintiff of its contractual security interest and remedy of foreclosure. The funds and property at issue are liquid assets that can be moved or disposed of at any moment, and the Defendant has already demonstrated a pattern of fraudulent conduct and disregard for contractual obligations.

The Plaintiff, therefore, request that the Court immediately freeze and seize:

1. The "av-yachtclub" plot, which serves as collateral under the Loan Agreement;
2. All of the Defendant's bank accounts and financial assets;
3. All other plots, properties, and real estate owned by Defendant; and
4. All items, inventory, and personal property in Defendant's possession.

This emergency relief is necessary to preserve the status quo, protect Plaintiff's secured interest, and ensure the availability of assets to satisfy any judgment entered in this matter.