1

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

CASE NO. 20-CV-80832

SETH FISHMAN )

)

Plaintiff, ) 

) 

) 

) 

)

JORDAN FISHMAN ) DEMAND TRIAL BY JURY

TWENTY FIRST CENTURY BIOCHEMICALS )

INC., a Delaware for profit corporation )

)

Defendants. )

_________________________________________) 

COMPLAINT

Plaintiff, SETH FISHMAN, by and through undersigned counsel, files this 

Complaint for damages and for other relief as set forth herein.

THE PARTIES AND NATURE OF THIS ACTION

1. Plaintiff, Dr. Seth Fishman, DVM is a doctor of veterinarian medicine

specializing in treating horses, endurance horses, and camcls. Dr. Fishman is a 

citizen of the State of Florida and was at all times material to this action a citizen of 

the State of Florida. 

2. Defendant, Jordan Fishman (hereinafter referred to as “Defendant Jordan”) is

a citizen of the State of Massachusetts and was all times material to this action a 

citizen of the State of Massachusetts. Defendant Fishman is also a scientist and 

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earned a PhD in BioChemistry. At all times materials to this action, Defendant 

Jordan was the president and majority shareholder of Defendant Twenty First 

Century Biochemicals, Inc.,

3. Defendant Twenty First Century Biochemicals, Inc. (“Defendant Twenty First 

Century”), was at all times material to this action, a corporation incorporated in the 

state of Delaware with a principal place of business located in the state of 

Massachusetts. 

4. Defendant Twenty First Century was at all times material to this action a 

citizen of the state of Massachusetts by virtue of having its principal place of 

business in Massachusetts and/or a citizen of the state of Delaware by virtue of its 

incorporation in the state of Delaware.

5. Defendant Twenty First Century is a certified peptide manufacturer staffed 

with scientists, such as defendant Jordan Fishman and others, specializing in the 

preparation of customized peptides and amino acids. Its website further reflects their 

mission.

1 Defendant Twenty First Century at all times material to this action was a 

1Available at http://www.21stcenturybio.com/custom_peptide_synthesis.htm

The scientists at 21st Century Biochemicals have decades of peptide synthesis and 

purification experience. As an ISO 9001:2015 Certified Peptide Manufacturer, we 

manufacture 100% of the peptides we sell in our laboratories in the Boston area. 

Unlike most other peptides companies that produce peptides off-shore or purchase 

peptides from 3rd parties, we control all aspects of the manufacturing process and 

thus you can be assured that your peptides will be of the highest quality. Whether 

you require a few mg of highly purified peptide or 100 grams of a 35 amino acid 

peptide, the scientists at 21st Century will deliver the highest quality product at 

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foreign corporation conducting business in the state of Florida and in Palm Beach 

county and/or which transacted a substantial amount of business with Plaintiff in 

Florida.

6. For years, Plaintiff has maintained a relationship with Defendants. Plaintiff

has committed no less than $1 Million to Defendants for the benefit of their 

operations and business. For years, Plaintiff has loaned money to Defendants and/or 

reasonable prices. In addition, our highly trained scientific staff can assist you in 

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paid for equipment for the benefit of Defendants and/or made prepayments to 

Defendants. Defendants have failed to repay loans, return equipment, and perform 

work after receiving pre-payments. Defendant Jordan, acting as the president of 

Defendant Twenty First Century, has also engaged in a scheme to defraud Plaintiff 

of his money and property by falsely representing that monies paid by Plaintiff for 

the benefit of Defendants could be repaid through the conversion of those monies to 

shares of stock in Defendant Twenty First Century when Defendant Jordan knew, 

deliberately ignored, and recklessly disregarded the fact that he had substantially 

inflated the value of said stock and that Defendant Jordan’s statements of material 

fact were false and designed to lull Plaintiff into devoting more capital to 

Defendants’ operation and its continued viability.

By reason of Defendants’ action, Plaintiff has suffered actual damages of no

less than $400,000.00 and Plaintiff has suffered more than $5 Million dollars in lost 

profits. 

JURISDICTION, AND VENUE

7. This court has personal jurisdiction over Defendants Jordan Fishman and 

Twenty First Century because Defendants conducted and/or currently conduct 

business and/or service activities within the State of Florida, have committed and/or 

caused torts within this district and other violations of law as set forth herein, and 

have breached agreements or promises to Plaintiff, as set forth herein, which directly 

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impact Plaintiff, a citizen of the state of Florida. Further, Defendants in conducting 

business with Plaintiff for more than 5 years have derived significant financial 

benefits of no less than One Million Dollars.

8. This Court has subject matter jurisdiction over all claims for relief pursuant to 

28 U.S.C. §1332(a)(1) because the parties, as citizens of different States, are of 

diverse citizenship and the amount in controversy exceeds $75,000, exclusive of 

interest and costs. 

9. Venue is proper in this Court under 28 U.S.C. §§1391 (b)-(c) as certain 

transactions, practices and courses of business, and wrongful acts as alleged herein 

have occurred in this District, and because a substantial part of the events giving rise 

to the claims alleged herein occurred in this District. 

FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS

10.In or about 2010, Plaintiff and Jordan Fishman commenced a business 

relationship. 

11.From in or around 2011 to present, Plaintiff has expended no less than 

$1.25 Million for the benefit of Twenty First Century and Jordan Fishman. 

12.Moreover, as early as 2013, Plaintiff also advised Defendant Jordan that 

Plaintiff was engaged in business relationships with local compounding 

pharmacies and further advised Defendant Jordan that Plaintiff could send 

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orders for certain compounded medications to local compounding 

pharmacies instead of Defendant Twenty First Century.

13.Conducting business with those local compounding pharmacies, instead of 

Defendant Twenty First Century, would have eliminated Defendant 

Twenty First Century and would have substantially diminished their ability 

to benefit from their relationship with Plaintiff. 

14.Defendant Jordan represented to Plaintiff that he was capable of making 

products and customizing peptides and amino acids.

15.Defendants did perform the work, however, beginning no later than 2015 

Defendant Jordan encountered financial problems and commenced a 

campaign of lending money from Plaintiff with the false promise that 

Defendant Jordan would pay Plaintiff and/or that Defendants would issue 

sufficient stock in Defendant Twenty First Century to account for and 

properly compensate Plaintiff for the amounts of monies paid by Plaintiff 

to Defendants for the benefit of Defendants. 

16. In 2015, 2016, and 2017, Plaintiff paid Defendant Jordan, acting as 

president of Twenty First Century, more than $200,000.00 which 

Defendant Jordan promised to pay as loans to Plaintiff. Defendants never 

paid Plaintiff. Instead Defendant Jordan assured Plaintiff that Plaintiff was 

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a 6.9% shareholder in Defendant Twenty First Century and that his shares 

were valuable. 

17. In or around 2017, Plaintiff advised Defendant Jordan that Plaintiff had a 

limited opportunity to build a lab in United Arab Emirates (UAE). 

Defendant Jordan induced Seth not to move forward with that project 

claiming instead that Defendants still had the financial strength, capital, 

and the capacity to expand and continue the business of Defendant Twenty 

First Century.

18.Construction and development of said lab in the UAE would have 

essentially eliminated Plaintiff’s need to continue doing business with 

Defendants.

19.Plaintiff relied on Defendant Jordan’s representations about Defendant 

Twenty First Century, their competence, and their ability to service orders, 

customize peptides and amino acids, and service Plaintiff’s select clients 

and patients. 

20.Plaintiff maintained his relationship with 21

st Century based on assurances 

from Defendant Jordan that Defendant 21st Century was willing and 

capable of compounding peptides and formulating other specialty products 

for select clients. 

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21.Throughout the period during which Defendants and Plaintiff maintained 

a business relationship together, Defendant Jordan conveyed to Plaintiff

that 21st Century was financially stable and would be able to service 

Plaintiffs’ clients. 

22. In fact, Defendants were not financially solvent, and Defendant Jordan 

never intended to pay back the monies Plaintiff paid to Defendants.

CLAIM ONE

BREACH OF AGREEMENT 

MARCH 2015 ($25,000)

(Defendants Jordan Fishman and Twenty First Century)

23. Between December 1, 2014 and March 1, 2015 Plaintiff paid Defendants 

$25,000 for the benefit of Defendant Jordan and for the benefit of 

Defendant Twenty First Century and its operations.

24. On March 29, 2015, Defendant Jordan, acting as president of Defendant 

Twenty First, executed a “Non-Recourse Note” attached here as Exhibit 

A signed on behalf of Defendant Twenty First Century as “borrower.”

25. The Non-Recourse note obligates Defendants to pay Plaintiff a sum of 

$25,000 at an interest rate of 15% commencing no later than one year from 

its execution, March 29, 2016.

26. Defendants have failed to pay any monies to Plaintiff as agreed.

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27.By failing to pay any monies to Plaintiff, as agreed beginning no later than 

March 29, 2016, Defendants have breached their agreement no earlier than 

March 29, 2016.

28. By reason of Defendants failure to pay Plaintiff, Plaintiff has suffered 

damages of no less than $45,383.87 (principal of $25,000 plus 15% 

compounded annually). 

WHEREFORE, Plaintiff demands judgment in the amount of no less than 

$45,383.87 (principal of $25,000 plus 15% compounded annually), not including 

attorneys’ fees and any other costs this court deems appropriate.

CLAIM TWO

BREACH OF AGREEMENT 

APRIL 2015 ($25,000)

(Defendants Jordan Fishman and Twenty First Century)

29.In or around March 27, 2015 Plaintiff paid Defendants $25,000 for the 

benefit of Defendant Jordan and for the benefit of Defendant Twenty First 

Century and its operations.

30.On April 17, 2015, Defendant Jordan, acting as president of Defendant 

Twenty First, executed a “Non-Recourse Note” attached here as Exhibit 

B signed on behalf of Defendant Twenty First Century as “borrower.”

31. The Non-Recourse note obligates Defendants to pay Plaintiff a sum of 

$25,000 at an interest rate of 15% commencing no later than one year from 

its execution, April 17, 2016

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32. Defendants have failed to pay any monies to Plaintiff as agreed.

33.By failing to pay any monies to Plaintiff, as agreed beginning no later than 

April 17, 2016, Defendants have breached their agreement no earlier than 

April 17, 2016.

34. By reason of Defendants failure to pay Plaintiff, Plaintiff has suffered 

damages of no less than $45,383.87 (principal of $25,000 plus 15% 

compounded annually).

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than $45,383.87 (principal of $25,000 plus 15% compounded annually), not 

including attorneys fees and any other costs this court deems appropriate.

CLAIM THREE

BREACH OF AGREEMENT

MAY 2015 ($25,000)

(Defendants Jordan Fishman and Twenty First Century)

35.In or around April 14, 2015, Plaintiff paid Defendants $25,000 for the 

benefit of Defendant Jordan and for the benefit of Defendant Twenty First 

Century and its operations.

36.On May 1, 2015 Defendant Jordan, acting as president of Defendant 

Twenty First, executed a “Non-Recourse Note” attached here as Exhibit 

C signed on behalf of Defendant Twenty First Century as “borrower.”

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37. The Non-Recourse note obligates Defendants to pay Plaintiff a sum of 

$25,000 at an interest rate of 15% commencing no later than one year from 

its execution, May 1, 2016.

38. Defendants have failed to pay any monies to Plaintiff as agreed.

39.By failing to pay any monies to Plaintiff, as agreed beginning no later than 

May 1, 2016, Defendants have breached their agreement no earlier than 

May 1, 2016.

40. By reason of Defendants failure to pay Plaintiff, Plaintiff has suffered 

damages of no less than $45,383.87 (principal of $25,000 plus 15% 

compounded annually).

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than $45,383.87 (principal of $25,000 plus 15% compounded annually), 

not including attorneys’ fees and any other costs this court deems 

appropriate.

CLAIM FOUR

BREACH OF MAY AGREEMENT

MAY 2015 ($25,000)

(Defendants Jordan Fishman and Twenty First Century)

41.In or around May of 2015 and no later than May 31, 2015, Plaintiff paid 

Defendants a total sum of $25,000 for the benefit of Defendant Jordan and 

for the benefit of Defendant Twenty First Century and its operations.

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42.On May 23, 2015 Defendant Jordan, acting as president of Defendant 

Twenty First, executed a “Non-Recourse Note” attached here as Exhibit 

D signed on behalf of Defendant Twenty First Century as “borrower.”

43. The Non-Recourse note obligates Defendants to pay Plaintiff a sum of 

$25,000 at an interest rate of 15% commencing no later than one year from 

its execution, May 23, 2016.

44. Defendants have failed to pay any monies to Plaintiff as agreed.

45.By failing to pay any monies to Plaintiff, as agreed beginning no later than 

May 23, 2016, Defendants have breached their agreement no earlier than 

May 23, 2016.

46.By reason of Defendants failure to pay Plaintiff, Plaintiff has suffered 

damages of no less than $45,383.87 (principal of $25,000 plus 15% 

compounded annually).

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than $45,383.87 (principal of $25,000 plus 15% compounded annually), not 

including attorneys’ fees and any other costs this court deems appropriate.

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CLAIM FIVE

ACCOUNT STATED2

2015 ($49,990)

(Defendants Jordan Fishman and Twenty First Century)

47.In addition to the total sum of $100,000 which Plaintiff paid to Defendants, 

as alleged in Claims One-Four, between November 19, 2014 and 

November 15, 2015, Plaintiff paid Defendant Jordan an additional sum of 

$49,990.00 for the benefit of Defendant Jordan and for the benefit of 

Defendant Twenty First Century and its operations.

48. Defendant Jordan, as president of Defendant Twenty First Century, 

promised to pay Plaintiff $49,990 at a rate of interest of no less than 12%

49. To this end, on no later than February 16, 2018, Defendant Jordan, 

emailed a draft “Non-Recourse Term Note” backdated January 20, 2016

which, as drafted, obligated Defendant Twenty First Century and 

2 Florida courts have long recognized a cause of action for account stated, which requires (1) an 

agreement between the parties as to the amount owed, (2) an agreement that the amount owed 

was due, and (3) an express or implicit promise to pay that amount. Everett v. Webb Furniture 

Co., 124 So. 278, 279 (Fla. 1929). “[I]t is not necessary, in order to support a count upon account 

stated, to show the nature of the original debt, or to prove the specific items constituting the 

account.” Daytona Bridge Co. v. Bond, 36 So. 445, 447 (Fla. 1904)). An action for account 

stated is based on a new promise to pay that is separately enforceable without regard to any 

written contract from which the debt may have originated.

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Defendant Jordan to make payments towards the initial $49,910 to Plaintiff 

beginning no later than July of 2018. 

50.In an email dated July 27, 2018 Plaintiff sent an email to Defendant Jordan 

with the subject “loan payments” and advised Defendant Jordan please let 

me know the status of these payments regarding the loans from 2016 and 

2017. In the email, Plaintiff attached “loan capitalization” calculations in 

demonstrate to Defendant Jordan that substantial interest payments were 

due as part of the 2016 loan to Defendants. 

51.Defendants have not paid any of the amounts Defendants promised to pay 

Plaintiff. 

52.By reason of Defendants actions, Plaintiff has suffered damages of no less 

than $49,990.00. 

53.By reason of Defendants, Plaintiff is entitled to interest payments as 

follows:

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than $87,432.82 excluding costs, and attorneys’ fees, where applicable.

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CLAIM SIX

MONEY HAD AND RECEIVED3

2015 ($49,990

(Defendants Jordan Fishman and Twenty First Century)

54. In addition to the total sum of $100,000 which Plaintiff paid to 

Defendants, as alleged in Claims One-Four, between November 19, 2014 

and November 15, 2015, Plaintiff paid Defendant Jordan an additional sum 

of $49,990.00 for the benefit of Defendant Jordan and for the benefit of 

Defendant Twenty First Century and its operations.

55.Defendant Jordan, as president of Defendant Twenty First Century, and 

Defendant Twenty First Century appreciated and accepted this benefit. 

56.Defendant Jordan agreed that Defendant Jordan owed Plaintiff the sum of 

no less than $49,990 at a rate of interest of no less than 12% in return for 

this benefit. 

3 “To prevail on either of these claims [unjust enrichment or money had and received], Plaintiffs 

must show that (1) they conferred a benefit on the Palmer Law Firm; (2) the firm appreciated 

such benefit; and (3) acceptance and retention of such benefit by the firm under the 

circumstances would be inequitable without paying for it.” Kelly v. Palmer Reifler and 

Associates, PA, 681 F. Supp. 1356, 1384 (S.D. Fla. 2010) (Moreno J.). An action for money had 

and received, or the more modern action for unjust enrichment, see generally Moore Handley, 

Inc. v. Major Realty Corp., 340 So.2d 1238 (Fla. 4th DCA 1976), is an equitable remedy 

requiring proof that money had been paid due to fraud, misrepresentation, imposition, duress, 

undue influence, mistake, or as a result of some other grounds appropriate for intervention by a 

court of equity. Hall v. Humana Hospital, 686 So. 2d 653 (Fla. 5th DCA 1996)

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57.To this end, on no later than February 16, 2018, Defendant Jordan, 

emailed a draft “Non-Recourse Term Note” backdated January 20, 2016 

which, as drafted, obligated Defendant Twenty First Century and 

Defendant Jordan to make payments towards the initial $49,910 to Plaintiff 

beginning no later than July of 2018. 

58.In an email dated July 27, 2018 Plaintiff sent an email to Defendant Jordan 

with the subject “loan payments” and advised Defendant Jordan please let 

me know the status of these payments regarding the loans from 2016 and 

2017. In the email, Plaintiff attached “loan capitalization” calculations in 

demonstrate to Defendant Jordan that substantial interest payments were 

due as part of the 2016 loan to Defendants. 

59. Defendants have not paid any of the amounts Defendant Jordan, acting as 

president of Defendant Twenty First Century, agreed to pay Plaintiff. 

60. By accepting, acknowledging, receiving and recognizing the benefit of no 

less than $49,990 provided by Plaintiff to Defendants, Defendants have 

received a benefit for which they promised to pay and have failed to pay.

61. By reason of Defendants actions, Plaintiff has suffered damages of no less 

than $49,990.

62.By reason of Defendants, Plaintiff is entitled to interest payments as 

follows:

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WHEREFORE, Plaintiff demands judgment in the amount of no less than 

$87,432.82 excluding costs, and attorneys’ fees, where applicable.

CLAIM SEVEN

ACCOUNT STATED 

2015 (Total of $150,000)

(Defendants Jordan Fishman and Twenty First Century)

63. Between November 19, 2014 and November 15, 2015, Plaintiff paid 

Defendants no less than $150,000.00 for the benefit of Defendant Jordan 

and for the benefit of Defendant Twenty First Century and its operations. 

64.In an email dated August 7, 2015, Defendant Jordan, as president of 

Defendant Twenty First Century, acknowledged that Plaintiff was entitled 

to payment of these amounts from Defendants stating:

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65.Defendants have not paid any of the amounts Defendant Jordan, acting as 

president of Defendant Twenty First Century, agreed to pay Plaintiff. 

66. By reason of Defendants actions, Plaintiffs have suffered damages of no 

less than $150,000 excluding interests and costs. 

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than $150,000, not including costs, interests, and attorneys’ fees, where 

applicable.

CLAIM EIGHT

MONEY HAD AND RECEIVED 

2015 (Total of $150,000)

(Defendants Jordan Fishman and Twenty First Century)

67. Between November 19, 2014 and November 15, 2015, Plaintiff paid 

Defendants no less than $150,000.00 for the benefit of Defendant Jordan 

and for the benefit of Defendant Twenty First Century and its operations.

68.Defendant Jordan, as president of Defendant Twenty First Century, and 

Defendant Twenty First Century appreciated and accepted this benefit. 

69.In an email dated August 7, 2015, Defendant Jordan agreed that Defendant 

Jordan owed Plaintiff the sum of no less than $150,000.00 in return for this 

benefit as follows:

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70.Defendants have not paid any of the amounts Defendant Jordan, acting as 

president of Defendant Twenty First Century, agreed to pay Plaintiff. 

71. By accepting, acknowledging, receiving and recognizing the benefit of no 

less than $150,000 provided by Plaintiff to Defendants, Defendants have 

received a benefit for which they promised to pay and have failed to pay.

72. By reason of Defendants actions, Plaintiffs have suffered damages of no 

less than $150,000 excluding interests and costs. 

WHEREFORE, Plaintiff demands judgment in the amount of no less than 

$150,000 not including costs, interests, and attorneys’ fees, where applicable.

CLAIM NINE

BREACH OF LOAN AGREEMENT 

2017 ($49,910)

(Defendants Jordan Fishman and Twenty First Century)

73.Plaintiff paid $49,910 to Twenty First Century for the benefit of Twenty 

First Century and Jordan Fishman. 

03/18/2017 Expense

21st 

Century SPC 12,410.00

03/17/2017 Expense

21st 

Century SPC 6,920.00

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03/17/2017 Expense

21st 

Century SPC 12,600.00

03/13/2017 Expense

21st 

Century SPC 24,900.00

74.Defendant Jordan, as president of Twenty First Century, promised to pay 

Plaintiff $50,000.00 at a rate of interest of 12%.

75.In an email dated February 9, 2018, Defendant Jordan acknowledged the 

monies Defendant Jordan is required to pay Plaintiff and stated: The total 

that was charged to the AMEX (3/14 and 3/20/2017) was $49,910. Given 

the situation we will of course absorb the AMEX charges. 

76.In an email dated no later than February 16, 2018, Defendant Jordan, 

emailed a draft “Non-Recourse Term Note” backdated March 20, 2017,

which, as drafted, obligated Defendant Twenty First Century and 

Defendant Jordan to make payments towards the initial $49,910 to Plaintiff 

beginning no later than July of 2018.

77.In an email dated July 27, 2018 Plaintiff sent an email to Defendant Jordan 

with the subject “loan payments” and advised Defendant Jordan please let 

me know the status of these payments regarding the loans from 2016 and 

2017. In the email, Plaintiff attached “loan capitalization” calculations in 

demonstrate to Defendant Jordan that substantial interest payments were 

due as part of the 2017 loan to Defendants. 

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78.In an email dated February 4, 2020, Plaintiff again reminded Defendant 

Jordan that Defendant Jordan was obligated to pay Plaintiff and stated “My 

accountant feels best you apply the first credit towards the first payment 

and then make payments monthly going forward afterward. I need to keep 

my books simplified. “

79.Defendants have not paid any of the amounts Defendants promised to pay 

Plaintiff. 

80.By reason of Defendants actions, Plaintiff has suffered damages of no less 

than $49,910. 

81.By reason of Defendants actions, Plaintiff is entitled to interest payments 

as follows:

WHEREFORE, Plaintiff demands judgment in the amount of no less than 

$87,292.90, plus costs and attorney’s fees, where applicable. 

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CLAIM TEN

ACCOUNT STATED

2017 ($49,910)

(Defendants Jordan Fishman and Twenty First Century)

82.Plaintiff paid Defendant Jordan a sum of $49,910 for the benefit of 

Defendant Twenty First Century as follows: 

03/18/2017 Expense

21st 

Century SPC 12,410.00

03/17/2017 Expense

21st 

Century SPC 6,920.00

03/17/2017 Expense

21st 

Century SPC 12,600.00

03/13/2017 Expense

21st 

Century SPC 24,900.00

83. Defendant Jordan, as president of Defendant Twenty First Century, agreed 

to pay Plaintiff the total sum of the amount above ($49,910) at a rate of 

interest of 15%

84.Defendant Jordan, acting as president of Defendant Twenty First Century,

agreed that Defendant Jordan owed Plaintiff the sum of no less than

$50,000.00 at a rate of interest of 15%.

85.In an email dated February 9, 2018, Defendant Jordan acknowledged the 

monies Defendant Jordan is required to pay Plaintiff and stated: The total 

that was charged to the AMEX (3/14 and 3/20/2017) was $49,910. Given 

the situation we will of course absorb the AMEX charges. 

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86.In an email dated no later than February 16, 2018, Defendant Jordan, 

emailed a draft “Non-Recourse Term Note” backdated March 20, 2017,

which, as drafted, obligated Defendant Twenty First Century and 

Defendant Jordan to make payments towards the initial $49,910 to Plaintiff 

beginning no later than July of 2018.

87.In an email dated July 27, 2018 Plaintiff sent an email to Defendant Jordan 

with the subject “loan payments” and advised Defendant Jordan please let 

me know the status of these payments regarding the loans from 2016 and 

2017. In the email, Plaintiff attached “loan capitalization” calculations in 

demonstrate to Defendant Jordan that substantial interest payments were 

due as part of the 2017 loan to Defendants. 

88.In an email dated February 4, 2020, Plaintiff again remined Defendant 

Jordan that Defendant Jordan was obligated to pay Plaintiff and stated “My 

accountant feels best you apply the first credit towards the first payment 

and then make payments monthly going forward afterward. I need to keep 

my books simplified.”

89.Defendants have not paid any of the amounts Defendant Jordan, acting as 

president of Defendant Twenty First Century, agreed to pay Plaintiff. 

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90.By reason of Defendants actions, Plaintiffs have suffered damages of no 

less than $49,910.

91.By reason of Defendants actions, Plaintiff is entitled to interest payments 

as follows:

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than $87,292.90, plus costs and attorneys’ fees, where applicable. 

CLAIM ELEVEN

MONEY HAD OR RECEIVED 

2017 ($49,910)

(Defendants Jordan Fishman and Twenty First Century)

92.Plaintiff paid Defendants Jordan and Twenty First Century a sum of 

$49,910 for the benefit of Defendant Twenty First Century and its 

operations as follows:

03/18/2017 Expense

21st 

Century SPC 12,410.00

03/17/2017 Expense

21st 

Century SPC 6,920.00

03/17/2017 Expense

21st 

Century SPC 12,600.00

03/13/2017 Expense

21st 

Century SPC 24,900.00

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93.Defendant Jordan, as president of Defendant Twenty First Century, and 

Defendant Twenty First Century appreciated and accepted this benefit. 

94.Defendant Jordan agreed that Defendant Jordan owed Plaintiff the sum of 

no less than $49,910 at a rate of interest of no less than 12% in return for 

this benefit. 

95.In an email dated February 9, 2018, Defendant Jordan acknowledged the 

monies Defendant Jordan is required to pay Plaintiff and stated: The total 

that was charged to the AMEX (3/14 and 3/20/2017) was $49,910. Given 

the situation we will of course absorb the AMEX charges. 

96.In an email dated no later than February 16, 2018, Defendant Jordan, 

emailed a draft “Non-Recourse Term Note” backdated March 20, 2017,

which, as drafted, obligated Defendant Twenty First Century and 

Defendant Jordan to make payments towards the initial $49,910 to Plaintiff 

beginning no later than July of 2018.

97.In an email dated July 27, 2018 Plaintiff advised Defendant Jordan that 

the loans were still due and attached “loan capitalization” calculations in 

the email to demonstrate to Defendant Jordan that certain amounts were 

still due and owing to Plaintiff. 

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98.In an email dated February 4, 2020, Plaintiff again remined Defendant 

Jordan that Defendant Jordan was obligated to pay Plaintiff and stated “My 

accountant feels best you apply the first credit towards the first payment 

and then make payments monthly Defendants have not paid any of the 

amounts Defendant Jordan, acting as president of Defendant Twenty First 

Century, agreed to pay Plaintiff. 

99.By accepting, acknowledging, receiving and recognizing the benefit of no 

less than $49,910 provided by Plaintiff to Defendants, Defendants have 

received a benefit for which they promised to pay and have failed to pay.

100. By reason of Defendants actions, Plaintiffs have suffered damages of 

no less than $49,910.

101. By reason of Defendants actions, Plaintiff is entitled to interest 

payments as follows:

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than $87,292.90, plus costs and attorneys’ fees, where applicable. 

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CLAIM TWELVE

UNJUST ENRICHMENT

(No Less than $50,000 pre-paid advances)

(Defendants Jordan Fishman and Twenty First Century)

102. Beginning on no later than January 1, 2017 to present, Plaintiff has 

paid Defendants no less than $50,000.00 as pre-paid advances with the 

expectations that Defendants would formulate and/or customize protein 

shakes, peptides, and amino acids for select clients of Plaintiff to be 

delivered to those clients. 

103. By way of example, on the following dates, Plaintiff paid Defendants 

as follows:

104. In addition, on June 1, 2019, Plaintiff paid Defendants $8500.00

105. Defendant Jordan, as president of Defendant Twenty First Century, and 

Defendant Twenty First Century appreciated and accepted these benefits

106. By accepting, acknowledging, receiving and recognizing the benefit of 

no less than $50,000.000 provided by Plaintiff to Defendants, Defendants 

have received a benefit for which they promised to perform

107. In return for the above monies and other monies of which amount to no 

less than $50,000, Defendant Jordan, as president of Defendant Twenty 

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First Century, promised to formulate and/or customize protein shakes, 

peptides, and amino acids for select clients of Plaintiff.

108. Defendants failed to perform those duties and/or to prepare or 

customize the agreed upon protein shakes, peptides, and/or amino acids.

109. By reason of Defendants’ acceptance of money from Plaintiffs for 

which they promised to perform and have not performed, Defendants have 

been unjustly enriched. 

110. By reason of Defendants’ acceptance of money from Plaintiffs for 

which they promised to perform and have not performed, Plaintiffs have 

been harmed.

111. Plaintiffs have suffered damages of no less than $50,000.00 excluding 

interests and costs. 

WHEREFORE, Plaintiff demands judgment in the amount of no less than 

$50,000.00 not including costs, interests, and attorneys’ fees, where 

applicable. 

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CLAIM THIRTEEN

FRAUD

(Defendants Jordan Fishman and Twenty First Century)

112. Beginning no later than November of 2014 until at least September of 

2019, Defendant Fishman, acting as president and on behalf of Defendant 

21st Century, has been engaged in a scheme to defraud Plaintiff of money 

or property. 

113. The manner by which Defendant Jordan engaged in this scheme 

included but was not limited to falsely representing to Plaintiff that 

Defendant Jordan could pay Plaintiff the sums of monies Defendants owe 

Plaintiff by constantly representing to Plaintiff that Defendant Twenty 

First Century is a valuable and financially solvent organization 

114. The manner by which Defendant Jordan engaged in this scheme 

included but was not limited to falsely representing to Plaintiff that 

converting Plaintiffs monies to Defendant Twenty First Century shares 

was reasonable and valuable consideration for the monies paid by Plaintiff 

to Defendants when in truth and fact Defendant Twenty First Century 

shares are virtually worthless, and/or Twenty First Century did not have 

the financial capacity to liquidate any shares purportedly issued to Plaintiff 

as supposed consideration for loans. 

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115. Defendant Jordan engaged in this scheme by falsely representing to 

Plaintiff that Defendant Twenty First Century would convert portions of 

Plaintiff’s loans to valuable shares held by Defendant Twenty First 

Century. 

116. In 2015, Defendant Jordan fraudulently induced Plaintiff to commit 

more than $150,000.00 as loans to Defendant Twenty First Century with 

the false promise that Plaintiff would have hundreds of thousands of shares 

in Defendant Twenty First Century valued at no less than 40 cents.

117. In an email dated March 13, 2015, Defendant Jordan stated: 

I am working to put together financing (loans of $50K @ 16% with the 

ability to convert to stock) for this growth we will undergo. I do not know 

if you are in a position or want to participate but with what is going on we 

are going to be in great shape by spring 2016. The loan conversion rights 

allow you to convert principal to stock at a price substantially lower than 

what the stock sold for before (our estimates is we are about 36-48 months 

to a company sale, with approximately a 3-4x return versus current FMV; 

loan myself as did the board members who has some small loans).

On the Thermo front they are also going to send us equipment from the 

factory they are closing so we will be able to put less $$ into equipment 

which is great. They also want us to take on a second line of manufacturing 

in the fall and will use the equipment they will send us. Very cool.

I am trying to avoid going the secondary financial market route, which is 

why I can offer a 15% return, payments quarterly.... Let me know if you 

have interest as I am scrambling to get people hired. 

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118. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that shares in Defendant Twenty First Century was not able to offer a return of 

3-4 times the initial investment. 

119. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that Defendants were not in a financial position to offer or pay a 15% return 

with payments made on a quarterly basis. 

120. In a letter to Plaintiff dated May 23, 2015, Defendant Jordan stated: 

121. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that shares in Defendant Twenty First Century were valued at far less than 34 

cents. 

122. In an email dated August 7, 2015 Defendant Jordan stated: 

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32

123. Plaintiff has now become aware no earlier than May 1, 2020, that, on or about 

March 14, 2016, Defendant Twenty First Century filed an annual report with the 

Common Wealth of Massachusetts representing that Defendant Twenty First 

Century holds 5 Million shares, with a total value of $50,000.00, at a value of 1 cent 

per share. See Exhibit E, 2015 Annual Report. 

124. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that shares in Defendant Twenty First Century were valued at far less than 40 

cents. 

125. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that Defendants were unable to pay Plaintiff substantial monies of less than 

$150,000 through the conversion of money to Defendant Twenty First Century 

shares.

126. Defendant Jordan advised Plaintiff that Plaintiff would become a 6.9% 

shareholder in Defendant Twenty First Century 

127. In an email dated February 9, 2018, Defendant Jordan advised Plaintiff that 

Plaintiff would hold 341,580 shares of Defendant Twenty First Century shares. 

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128. To date, Plaintiff has never received any shares in Defendant Twenty First

Century or shares certificate.

129. To date, Plaintiff has never received a valuation, accounting, or appraisal of

the value of the shares he supposedly owns in Defendant Twenty First Century. 

130. In addition, no later than 2013 after Plaintiff advised Defendant Jordan 

that Plaintiff had relationships with local compounding pharmacies which could fill 

orders for compounded drugs, Defendant Jordan continued to assure Plaintiff that 

Defendant Twenty First Century, was capable of making products and customizing 

peptides and amino acids. 

131. Conducting business with those local compounding pharmacies, instead of

Defendant Twenty First Century, would have eliminated Defendant Twenty First 

Century and would have substantially diminished their ability to benefit from their 

relationship with Plaintiff. 

132. In or around 2017, Plaintiff conveyed to Defendant Jordan that Plaintiff had a

unique opportunity to build a laboratory in the United Arab Emirates. 

133. Construction and development of said lab in the UAE would have essentially

eliminated Plaintiff’s need to continue doing business with Defendants

134. In deciding to forego development of the UAE laboratory, Plaintiff justifiably

relied on Defendant Jordan’s representations about Defendant Twenty First Century, 

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34

their competence, and their ability to service orders, customize peptides and amino 

acids, and service Plaintiff’s select clients and patients. 

135. Likewise, in deciding to terminate relationships with local compounding 

pharmacies, Plaintiff justifiably relied on Defendant Jordan’s representations about 

Defendant Twenty First Century, their competence, and their ability to service 

orders, customize peptides and amino acids, and service Plaintiff’s select clients and 

patients.

136. Such reliance was detrimental to Plaintiff and resulted in at least two missed 

business opportunities as set forth herein.

137. By reason of these false and fraudulent misrepresentations, and/or omissions, 

regarding material facts, Plaintiff suffered actual damages of no less than $1 Million

and lost profits in the amount of no less than 5 Million dollars.

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than Five Million dollars excluding costs, interests, attorneys’ fees, and any 

other costs which this court deems are appropriate. Plaintiff further demands 

access to Defendant Twenty First Century’s books and records and demands 

an accounting of all monies, regardless of form, received by Defendant 

Twenty First Century or Defendant Jordan from Plaintiff.

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CLAIM FOURTEEN

FRAUDULENT INDUCEMENT

(Defendants Jordan Fishman and Twenty First Century)

138. Beginning no later than November of 2014 until at least September of 

2019, Defendant Fishman, acting as president and on behalf of Defendant 

21st Century, has been engaged in a scheme to defraud Plaintiff of money 

or property. 

139. The manner by which Defendant Jordan engaged in this scheme 

included but was not limited to falsely representing to Plaintiff that 

Defendant Jordan could pay Plaintiff the sums of monies Defendants owe 

Plaintiff by constantly assuring Plaintiff that Defendant Twenty First 

Century is a valuable and financially solvent organization 

140. The manner by which Defendant Jordan engaged in this scheme 

included but was not limited to falsely representing to Plaintiff that 

converting Plaintiffs monies to Defendant Twenty First Century shares 

was reasonable and valuable consideration for the monies paid by Plaintiff 

to Defendants when in truth and fact Defendant Twenty First Century 

shares are virtually worthless, and/or Twenty First Century did not have 

the financial capacity to liquidate any shares purportedly issued to Plaintiff 

as supposed consideration for loans. 

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36

141. Defendant Jordan engaged in this scheme by falsely representing to 

Plaintiff that Defendant Twenty First Century would convert portions of 

Plaintiff’s loans to valuable shares held by Defendant Twenty First 

Century. 

142. In 2015, Defendant Jordan fraudulently induced Plaintiff to commit 

more than $150,000.00 as loans to Defendant Twenty First Century with 

the false promise that Plaintiff would have hundreds of thousands of shares 

in Defendant Twenty First Century valued at no less than 40 cents.

143. In an email dated March 13, 2015, Defendant Jordan stated: 

I am working to put together financing (loans of $50K @ 16% with the 

ability to convert to stock) for this growth we will undergo. I do not know 

if you are in a position or want to participate but with what is going on we 

are going to be in great shape by spring 2016. The loan conversion rights 

allow you to convert principal to stock at a price substantially lower than 

what the stock sold for before (our estimates is we are about 36-48 months 

to a company sale, with approximately a 3-4x return versus current FMV; 

I converted a $50K loan myself as did the board members who has some 

small loans).

On the Thermo front they are also going to send us equipment from the 

factory they are closing so we will be able to put less $$ into equipment 

which is great. They also want us to take on a second line of manufacturing 

in the fall and will use the equipment they will send us. Very cool.

I am trying to avoid going the secondary financial market route, which is 

why I can offer a 15% return, payments quarterly.... Let me know if you 

have interest as I am scrambling to get people hired. 

Case 9:20-cv-80832-XXXX Document 1 Entered on FLSD Docket 05/25/2020 Page 36 of 41
37

144. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that shares in Defendant Twenty First Century was not able to offer a return of 

3-4 times the initial investment. 

145. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that Defendants were not in a financial position to offer or pay a 15% return 

with payments made on a quarterly basis. 

146. In a letter to Plaintiff dated May 23, 2015, Defendant Jordan stated: 

147. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that shares in Defendant Twenty First Century were valued at far less than 34 

cents. 

148. In an email dated August 7, 2015 Defendant Jordan stated: 

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38

149. Plaintiff has now become aware no earlier than May 1, 2020, that, on or about 

March 14, 2016, Defendant Twenty First Century filed an annual report with the 

Common Wealth of Massachusetts representing that Defendant Twenty First 

Century holds 5 Million shares, with a total value of $50,000.00, at a value of 1 cent 

per share. See Exhibit E.

150. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that shares in Defendant Twenty First Century were valued at far less than 40 

cents. 

151. Defendant Jordan knew, deliberately ignored, and recklessly disregarded the 

fact that Defendants were unable to pay Plaintiff substantial monies of less than 

$150,000 through the conversion of money to Defendant Twenty First Century 

shares.

152. Defendant Jordan advised Plaintiff that Plaintiff would become a 6.9% 

shareholder in Defendant Twenty First Century 

153. In an email dated February 9, 2018, Defendant Jordan advised Plaintiff that 

Plaintiff would hold 341,580 shares of Defendant Twenty First Century shares. 

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39

154. Defendant, acting as president of Defendant Twenty First Century, knew, 

deliberately ignored, and recklessly disregarded the fact that the statements set forth 

herein were materially false. 

155. Defendant Jordan, acting as president of Defendant Twenty First Century, 

induced Plaintiff to rely on the statements and representations alleged herein 

regarding, among other things, the financial health and solvency of Defendant 

Twenty First Century and its ability to pay back substantial loans made by Plaintiff.

156. Plaintiff suffered monetary losses by justifiably relying on the representations 

and statements made by Defendant Jordan, acting as president of Defendant Twenty 

First Century, regarding, among other things, the financial health and solvency of 

Defendant Twenty First Century and its ability to pay back substantial loans made 

by Plaintiff.

157. Plaintiff elected not to pursue significant business opportunities in Florida and 

the UAE by justifiably relying on the representations and statements made by 

Defendant Jordan, acting as president of Defendant Twenty First Century, regarding, 

among other things, the financial health and solvency of Defendant Twenty First 

Century and its ability to pay back substantial loans made by Plaintiff.

158. To date, Plaintiff has never received any shares in Defendant Twenty First 

Century or shares certificate.

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159. To date, Plaintiff has never received a valuation, accounting, or appraisal of 

the value of the shares he supposedly owns in Defendant Twenty First Century.

160. By reason of Defendants’ conduct, Plaintiff has suffered damages in the 

amount of no less than $5 Million.

WHEREFORE, Plaintiff demands judgment in the amount of no less 

than $1 Million for actual damages, lost profits, attorney’s fees, costs, and any 

other costs this court deems reasonable. Plaintiff further demands access to 

Defendant Twenty First Century’s books and records and demands an 

accounting of all monies, regardless of form, received by Defendant Twenty 

First Century or Defendant Jordan from Plaintiff.

Case 9:20-cv-80832-XXXX Document 1 Entered on FLSD Docket 05/25/2020 Page 40 of 41
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Respectfully submitted,

s/Andrew S. Feldman____

Feldman Firm PLLC

Southeast Financial Center

200 S. Biscayne Blvd, Suite 2770

Miami, Florida 33131

Office: 305.714.9474

Facsimile: 305.714.9555

Email: afeldman@feldmanpllc.com 

FBN: 60325

 Attorney for Seth Fishman, DVM

Case 9:20-cv-80832-XXXX Document 1 Entered on FLSD Docket 05/25/2020 Page 41 of 41