"We are going to have to determine the current market value and sell at auction…," she says. "Unfortunately, a lot of the collectibles are worth what someone is willing to pay for them."
When asked whether Anthony Chiofalo told Doyle why he did this, Doyle says it was like an "obsessive-compulsive" thing: "It started small. It got easier and got bigger," he says.
Doyle, of Paul Doyle & Associates, told reporters that Anthony Chiofalo wants to cooperate with TAC to recover the assets.
Federal civil suit
On Dec. 5, 2012, TAC filed a complaint in federal court against Susan Cardenas Chiofalo and against the Chiofalos' fictitious Maio & Cardenas LLC.
In the complaint in Tadano America Corp. v. Susan Cardenas Chiofalo, et al., TAC alleges that Susan Cardenas Chiofalo participated with her husband in the theft and that she "routinely withdrew money from Maio's accounts."
"For example, while Chiofalo would sign checks, Cardenas [Chiofalo] would hand-write the payees, dates, payment amounts and even presented her Texas driver's license as identification when she presented Maio checks for payment," TAC alleges in the complaint.
The couple used the money to purchase a house in Spring and "items such as airline tickets, luxury hotel rooms, premier event and sport tickets, designer clothing, collectibles, artwork, one-of-a-kind sport memorabilia, vintage comic books and movie posters," TAC continues in the complaint, further alleging that the couple stored the items at their house and at several storage lockers.
TAC brings civil conspiracy; avoidance and recovery of fraudulent transfers; conversion, misappropriation, constructive trust and unjust enrichment; and fraud causes of action against Susan Cardenas Chiofalo and Maio & Cardenas, and TAC alleges they violated the Texas Theft Liability Act.
TAC seeks a temporary injunction to prevent Cardenas Chiofalo from spending the "misappropriated funds." TAC alleges she moved to New Mexico in August 2012.
TAC further alleges in the complaint that, even though Matthews issued a TRO and then a temporary injunction to prevent Anthony Chiofalo or any of his agents from using or disposing of assets pending a trial in state court, Susan Cardenas Chiofalo "continued to spend, dispose of, and move money traceable to TAC's checks."
On Dec. 28, 2012, Cardenas Chiofalo filed a motion to dismiss TAC's federal civil complaint for failure to join Anthony Chiofalo, "who is a necessary party to this litigation because he is alleged to be a co-conspirator and most of the allegations in the Petition relate only to actions taken by him" and also because TAC already has a default judgment against him in state court.
