Attorneys for the chief financial officer accused by a former general counsel of fixing finances to avoid auditors say in a motion to dismiss that the lawyer does not have the standing to sue because he is bringing these claims to “gain leverage in his other litigation.”

Steven Berkovitch filed suit Dec. 6 on behalf of Five Hole LLC, a merchant cash advance company, against Oded Segev in Delaware Chancery Court claiming breach of fiduciary duties, unjust enrichment and conversion. Berkovitch is seeking a court order requiring an independent audit of Five Hole’s 2017 and 2018 finances, disgorgement of all bonuses improperly paid in 2017 and/or 2018, removal of Segev as CFO, and awards to be determined by the court.