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IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI       VS. CASE NO.             ,       ,       ,       AND       COMPLAINT       by and through its counsel of record, files this its Complaint and for cause of action would show unto the Court the following, to - wit: PARTIES 1. The parties to this action are: A.       ("       "), a state chartered banking institution having its principal banking office at       in       , Mississippi and having a primary operations center in       County, Mississippi. B.       ("       "), a corporation organized under and existing by virtue of the laws of a state other than the State of Mississippi, subject to the jurisdiction of this Court by personal service on an agent authorized by appointment or by law to receive service of process pursuant to Rule 4 M.R.C.P. C.       ("       "), a limited liability company organized under and existing by virtue of the laws of the State of Mississippi subject to the jurisdiction of this Court by personal service on its agent for service of process within the State of Mississippi,       , who may be served with process in accord with Rule 4 M.R.C.P. at his/her business address which is       ,       , Mississippi or his/her residence which is       ,       , Mississippi. D.       ("       ”), a foreign corporation having a principal office at       ,       ,       , subject to the jurisdiction of this Court by personal service on its agent,       , at said office. E.       , an adult resident citizen of       County, Mississippi, subject to the jurisdiction of this Court by personal service of process on him/her at his/her residence which is       ,       , Mississippi. F.       , an adult resident citizen of       County, Mississippi, subject to the jurisdiction of this Court by personal service of process on his/her at his/her residence which is       ,       , Mississippi. G.       , an adult resident citizen of       County, Mississippi subject to the jurisdiction of this Court by personal service on him/her at his/her residence which is       ,       , Mississippi. H.       , an adult resident citizen of       County, Mississippi, subject to the jurisdiction of this Court by personal service on his/her at his/her residence which is       ,       , Mississippi. JURISDICTION AND VENUE 2. The Chancery Court of       County, Mississippi has subject matter jurisdiction of this action pursuant to Article 6, Section 159 of the Mississippi Constitution. The Complaint seeks relief, which is traditionally within subject matter jurisdiction of the Chancery Court including, inter-alia, an accounting, a declaration of rights and injunctive relief. The venue of this action is properly within       County, Mississippi as the Defendants,       and       are adult resident citizens of       County, Mississippi. CAUSE OF ACTION 3. On or about             , 20             acting through       opened Account number       at       . The Account Agreement as executed by       on behalf of       is Exhibit "A" hereto incorporated by reference. 4. On or about             , 20       an additional Account Agreement was executed by       ,       ,       and       . The             , 20       Account Agreement is Exhibit "B" incorporated by reference. 5. The terms and conditions of the             , 20       and             , 20       Account Agreements are identical. The Account Agreements provide in part as follows: Each of you agrees, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges that may be imposed. You authorize us to deduct these charges as accrued directly from the account balance. You also agree to pay additional reasonable charges we may impose for services you request which are not contemplated by this Agreement. Each of you also agrees to be jointly and severally liable for any account deficit resulting from charges or overdrafts whether caused by you or another authorized to withdraw from this account, and the cost we incur to collect the deficit including, to the extent permitted by law, our reasonable attorney's fees.       ,       ,       ,       ,       and       are each, jointly and severally bound by the terms and conditions of the Account Agreements, Exhibits "A" and "B". 6. On             , 20       ,       , a division of       of       ,       ,       returned check number       to       as a forged check. Said check was drawn on the account of       payable to       and       in the amount of $       and is Exhibit "C" incorporated by reference. The check appeared to be endorsed by       and       . In connection with the return of the check,       ’s submitted an Affidavit of Forgery or Alteration executed by       and       of       ,       , Mississippi. The forgery Affidavit is Exhibit "D" incorporated by reference. 7. Check number       as drawn on the account of       was originally deposited in the account of       at       , Account number       . At the time the check was returned by       ’s as forged, this account was in the overdraft in the amount of $       . With the return of check number       the total overdraft in       ’s Account number       is $       . 8.       Account number       was originally opened by       for       on             , 20       with an initial deposit of $       . On or about             , 20       ,       changed the account to add the signature authority of       ,       and       .       operates under Federal Tax I.D. #       . 9.       has committed a fraud to the detriment of       .       improperly converted assets in       and       ’s investment accounts to his/her own use by forging       and       ’s endorsements on the       check number       . After forging the endorsements on said check,       deposited the check in       account at       , account number       . 10.       managed investment accounts for       and       through       . The       maintained stock in two companies namely,       of       . Prior to       of 20       ,       submitted an unauthorized change of address on the       account from their current address in       to his/her personal post office box in       . After the change of address had been completed,       directed       to liquidate the       account and forward the funds to the address of record,       ’s post office box.       remitted the funds derived from the liquidation of the account by the       check, Exhibit "C". Thereafter,       forged the endorsements and deposited the check into his/her       ’s Account number       at the       offices located at       in       , Mississippi. 11. To perpetuate his/her fraud,       committed a series of actions designed to avoid       ’s inquiries including but not limited to sending the       ’s a purported dividend, Exhibit "E" incorporated by reference. 12. The Securities and Exchange Commission and the National Association of Securities Dealers have initiated investigations into this matter. As a result,       raised $       in cash to cover the losses to the       account at       .       transmitted those funds to       where they now remain.       holds the $       as a stakeholder for       .       has suffered no loss.       has suffered no loss.       and       have suffered no loss. 13.       has paid       $       to make it whole for the payment of the forged endorsement.       has made       whole.       has made       whole.       is entitled to the $       held by       to the exclusion of all others. 14.       has incurred collection and other expenses and attorney's fees and is entitled to recover the same. DECLARATORY JUDGMENT 15.       requests this Court to declare the rights, status and other legal relations of the Defendants, including, but not limited to, the rights, status and legal relations under the Account Agreement, the Uniform Commercial Code; and, the obligations of American to pay the proceeds of its account to       upon notification of       payment on the forged instrument; and, to resolve, determine and declare the liability of       ,             and       pursuant to the terms and conditions of the Account Agreement for the account overdraft of at least $       plus costs and attorney's fees. 16.       has a substantial interest in that it has acted in reliance on the Affidavit and performed under the terms and conditions of the Uniform Commercial Code, changed its position to its detriment and is in need of this Court to construe and interpret the rights and responsibilities of the parties. 17. Relief granted by way of declaratory judgment will terminate the controversies between the Defendants and       that presently exist. The parties are not in agreement and a declaration of the rights of the parties would be dispositive of one or more substantial issues that exist between them and greatly reduce this litigation and prevent the necessity of other claims. 18.       requests a speedy hearing on this action for declaratory judgment and requests that it be advanced on the trial calendar pursuant to Rule 57(a), M.R.C.P. INJUNCTIVE RELIEF 19. Pursuant to Rule 65, M.R.C.P.,       should be enjoined from releasing the proceeds in its account to       ,       ,       ,       and       or any other person, firm or entity until further order of this Court. The injunction should last until the completion of a trial on the merits. Any hearing on any application for preliminary injunction should be consolidated with the trial on the merits and become a part of the record on the trial. 20. Fundamental fairness mandates the issuance of such an injunction to prevent irreparable harm to       . Judicial intervention is necessary to prevent unjust enrichment to the Defendants. The likelihood of harm to Defendants if the injunction is granted is slight while the likelihood of harm to       if the preliminary injunction is not granted is clear and present. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED,       prays that upon a hearing of this Complaint the Court will grant       the following relief: a. Process of this Court issue and be served upon all parties as provided by law requiring them to answer within 30 days following such service. b. A judgment declaring the rights of the parties and adjudicating that       ,       ,       ,       , and       are jointly and severally indebted to       in a sum no less than $       with prejudgment interest and legal interest on the judgment paid together with all costs, expenses and attorney's fees. c. A final judgment declaring       entitlement to the proceeds in the amount of $       held by       and a final judgment ordering American to pay said proceeds to       forthwith. d. Such other general or specific relief to which       is or would otherwise be entitled. Respectfully submitted, this the       day of       , 20       . _______________________________________       Attorney for       Of counsel:                         Telephone:       MSB #       Attorney for