36994427.3.doc 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Miami Division 

IN ADMIRALTY 

AQUARIUS AQUA USA, INC., CASE NO. ____________ 

a Delaware corporation, 

 Plaintiff, 

v. 

M/Y VOGUE/JIMBO, a Sunseeker 64”, its 

engines, equipment, boats, tackle, apparel, 

furniture, art, appurtenances, cables, etc., 

in rem, & PETHŐ AXEL, an individual; 

AUGUSTUS J. STERGIOS, an individual; 

MARINE CONSULTING INC., 

a New York corporation; MARINE CUSTOM 

HARDWARE INC., a Florida corporation; 

MARINE CONSULTING FLOOR PLAN 

HOLDING LLC, a Florida limited liability 

company; RICK OBEY, an individual; and 

SPECIALIZED NAUTICAL SERVICES, 

INC., a Florida corporation, 

in personam, 

 Defendants. 

____________________________________/ 

VERIFIED COMPLAINT 

Plaintiff, AQUARIUS AQUA USA, INC., by and through its undersigned counsel, 

hereby files the instant Complaint in rem against M/Y VOGUE/JIMBO, a Sunseeker 64”, its 

engines, equipment, boats, tackle, apparel, furniture, art, appurtenances, cables, etc., and in 

personam against PETHŐ AXEL; AUGUSTUS J. STERGIOS; MARINE CONSULTING INC.; 

MARINE CUSTOM HARDWARE INC.; MARINE CONSULTING FLOOR PLAN HOLDING 

LLC; RICK OBEY; and SPECIALIZED NAUTICAL SERVICES, INC. and respectfully avers 

as follows: 

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I. JURISDICTION & VENUE 

1. This is an action for quiet title, unjust enrichment, and conversion in admiralty 

under Rule (9)h of the Federal Rules of Civil Procedure. As such, jurisdiction is vested in this 

Court by 28 U.S.C. § 1333. 

2. The incidents described herein took place in the United States. VOGUE/JIMBO 

is currently located within this district. Venue is proper in the United States District Court for 

the Southern District of Florida. 

II. PARTIES 

3. Plaintiff AQUARIUS AQUA USA, INC., is a Delaware corporation, and at all 

times material hereto, the true owner of the motor yacht VOGUE/JIMBO, defined infra. 

4. The motor yacht is a 64 foot, 4 inch vessel of “Sunseeker” brand, and “Predator” 

model, with hull number XSK04209E808, built in 2008 and registered in Delaware under 

Registration number DL 7679 AB. The motor yacht vessel was originally named “Vogue,” but 

was re-named “Jimbo,” and is referred to herein as “M/Y VOGUE/JIMBO.” 

5. Upon information and belief, in personam defendant PETHŐ AXEL is an 

individual residing in Miami-Dade County, Florida and is otherwise sui juris. 

6. Upon information and belief, in personam defendant AUGUSTUS J. STERGIOS 

is an individual residing in Rhode Island and is otherwise sui juris. 

7. Upon information and belief, in personam defendant MARINE CONSULTING 

INC. is a New York corporation, registered in Florida as a foreign profit corporation, with its 

principal place of business in Fort Lauderdale, Florida. 

8. Upon information and belief, in personam defendant MARINE CUSTOM 

HARDWARE INC. is a Florida corporation, with its principal place of business in Boca Raton, 

Florida. 

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9. Upon information and belief, in personam defendant MARINE CONSULTING 

FLOOR PLAN HOLDING LLC. is a Florida limited liability company, with its principal place 

of business in Salem, Massachusetts. 

10. Upon information and belief, in personam defendant RICK OBEY is an 

individual residing in Boca Raton, Florida and is otherwise sui juris. RICK OBEY is an owner of 

the fictitious name “RICK OBEY YACHT SALES.” RICK OBEY is only named as a defendant 

in this action as, upon information and belief, RICK OBEY YACHT SALES has possession of 

M/Y VOGUE/JIMBO. 

11. Upon information and belief, in personam defendant SPECIALIZED 

NAUTICAL SERVICES, INC. is a Florida corporation with its principal place of business in 

Boca Raton, Florida. SPECIALIZED NAUTICAL SERVICES, INC. is an owner of the 

fictitious name “RICK OBEY YACHT SALES.” SPECIALIZED NAUTICAL SERVICES, 

INC. is only named as a defendant in this action as, upon information and belief, RICK OBEY 

YACHT SALES has possession of M/Y VOGUE/JIMBO. 

12. M/Y VOGUE/JIMBO is presently located in navigable waters within this district; 

more specifically, it is berthed with RICK OBEY YACHT SALES at 2515 Marina Bay Drive 

West in Fort Lauderdale, Florida. 

III. FACTS 

13. On October 20, 2015, Plaintiff purchased M/Y VOGUE/JIMBO from Aqua Plava 

do.o., a Croatian company. The Bill of Sale is attached hereto as Exhibit A. 

14. Plaintiff then paid to have M/Y VOGUE/JIMBO transported to the United States 

using Sevenstar Yacht Transport B.V., a Netherlands company. The receipt for the 

transportation of M/Y VOGUE/JIMBO is attached hereto as Exhibit B. 

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15. Once M/Y VOGUE/JIMBO was in the United States, Plaintiff registered M/Y 

VOGUE/JIMBO with the State of Delaware. The Delaware registration number is DL 7679 AB. 

A letter confirming M/Y VOGUE/JIMBO registration is attached hereto as Exhibit C. 

16. M/Y VOGUE/JIMBO is currently still registered in Delaware under this 

registration number. 

17. Plaintiff contracted with PETHŐ AXEL, who was to care for, maintain, and set 

up chartering for M/Y VOGUE/JIMBO during the long periods of time when Plaintiff was not 

using the vessel. 

18. It recently came to the Plaintiff’s attention that M/Y VOGUE/JIMBO is currently 

being advertised for sale by RICK OBEY YACHT SALES, operating out of Fort Lauderdale. A 

copy of the broker’s listing is attached hereto as Exhibit D. 

19. Upon investigation, Plaintiff discovered that M/Y VOGUE/JIMBO was 

fraudulently mortgaged and sold. 

20. M/Y VOGUE/JIMBO was apparently registered with the U.S. Coast Guard, by 

someone other than Plaintiff and without Plaintiff’s authorization. The U.S. Coast Guard 

Abstract of Title dated May 8, 2020 is attached hereto as Exhibit E. 

21. The U.S. Coast Guard records indicate that a sale took place of M/Y 

VOGUE/JIMBO from Plaintiff to AUGUSTUS J. STERGIOS, with a bill of sale dated February 

8, 2017. Ex. E. 

22. Plaintiff did not know about or authorize the sale of M/Y VOGUE/JIMBO, nor 

did Plaintiff did sign any document(s) authorizing the sale or mortgage. 

23. The U.S. Coast Guard records evidence a mortgage was placed on M/Y 

VOGUE/JIMBO in the amount of $349,999.000 by AUGUSTUS J. STERGIOS, which 

mortgage was later satisfied. Ex. E. 

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24. The U.S. Coast Guard records indicate a second sale of M/Y VOGUE/JIMBO 

took place from AUGUSTUS J STERGIOS to MARINE CONSULTING INC., with a bill of 

sale dated March 12, 2019. Ex. E. 

25. The U.S. Coast Guard records indicate a third sale of M/Y VOGUE/JIMBO took 

place from MARINE CONSULTING INC. to MARINE CUSTOM HARDWARE INC. with a 

bill of sale dated March 4, 2020. Ex. E. 

26. The U.S. Coast Guard records show that the latest purchaser, MARINE CUSTOM 

HARDWARE INC. mortgaged M/Y VOGUE/JIMBO with MARINE CONSULTING FLOOR 

PLAN HOLDING LLC, via a mortgage instrument dated March 6, 2020. Ex. E. 

27. Plaintiff was neither aware of, nor authorized, any of the sales, transfers of title or 

mortgages. 

COUNT I 

QUIET TITLE TO VOGUE/JIMBO 

AS AGAINST ALL DEFENDANTS 

28. Plaintiff incorporates the allegations raised in paragraphs 1 through 27 above and 

further avers as follows: 

29. This count is brought as to all Defendants. 

30. Plaintiff has established its original ownership of M/Y VOGUE/JIMBO. 

31. As Plaintiff purchased M/Y VOGUE/JIMBO and never authorized a sale, 

mortgage or transfer of its vessel, Plaintiff is the true owner. 

32. Plaintiff placed its trust in PETHŐ AXEL to maintain and set up chartering for 

M/Y VOGUE/JIMBO while Plaintiff’s managers were out of the country. 

33. Plaintiff had an oral contract with PETHŐ AXEL to charter and maintain M/Y 

VOGUE/JIMBO in exchange for $200,000.00 USD per year payable to Plaintiff. 

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34. PETHŐ AXEL took steps in furtherance of this contract by taking possession of 

M/Y VOGUE/JIMBO and by entering into an agreement with a chartering company to charter 

M/Y VOGUE/JIMBO. 

35. Plaintiff was never paid any funds pursuant to the contract it had with PETHŐ

AXEL. 

36. However, unbeknownst to Plaintiff, someone forged Plaintiff’s authorization and 

fraudulently conveyed title to M/Y VOGUE/JIMBO to third parties with whom Plaintiff has no 

relationship, contractual or otherwise. 

37. Plaintiff’s claim of ownership is superior to claims of other Defendants. 

38. As such, title to M/Y VOGUE/JIMBO should be judicially cleared in favor of 

Plaintiff. 

WHEREFORE, Plaintiff, AQUARIUS AQUA USA, INC., the true owner of M/Y 

VOGUE/JIMBO, prays: 

a. That process be issued according to the rules and practice of this Court in causes 

of admiralty and maritime jurisdiction against M/Y VOGUE/JIMBO, its engines, 

equipment, boats, tackle, apparel, furniture, art, appurtenances, cables, etc., in 

rem; 

b. That M/Y VOGUE/JIMBO, its engines, equipment, boats, tackle, apparel, 

furniture, art, appurtenances, cables, etc., in rem, be arrested by this Court 

according to the rules and practice of this Court in admiralty and maritime 

actions; 

c. That all persons having, or claiming to have, any interest therein be cited to 

appear and answer, under oath, with respect to same; and 

d. That judgment issue in Plaintiff’s favor and against all Defendants specifying that 

title be cleared to M/Y VOGUE/JIMBO, and be placed solely in Plaintiff’s name, 

including the extinguishing of all liens and the confirmation of Plaintiff’s sole and 

exclusive right to possession. 

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COUNT II 

BREACH OF CONTRACT 

AS AGAINST PETHŐ AXEL 

39. Plaintiff incorporates the allegations raised in paragraphs 1 through 27 above and 

further avers as follows: 

40. The Plaintiff and Defendant PETHŐ AXEL entered into a valid contract. 

41. PETHŐ AXEL committed a material breach of the contract by not paying 

Plaintiff as agreed, and by allowing the title to M/Y VOGUE/JIMBO to be fraudulently 

transferred without Plaintiff’s knowledge or consent. 

42. Plaintiff suffered damages caused by PETHŐ AXEL’s breach because Plaintiff 

did not receive the funds it was owed under the contract and because M/Y VOGUE/JIMBO is no 

longer under Plaintiff’s possession and control, requiring this lawsuit for quiet title. 

WHEREFORE, Plaintiff, AQUARIUS AQUA USA, INC., seeks entry of a final 

judgment as against PETHŐ AXEL for breach of contract and all related damages, and any 

further relief this Court deems just. 

COUNT III 

UNJUST ENRICHMENT 

(IN THE ALTERNATIVE TO COUNT I)

AS AGAINST PETHŐ AXEL 

43. Plaintiff incorporates the allegations raised in paragraphs 1 through 27 above and 

further avers as follows: 

44. This Count III for Unjust enrichment is brought as against PETHŐ AXEL, in the 

alternative to Count I. 

45. Plaintiff conferred a benefit on PETHŐ AXEL by giving him a license to possess 

and arrange for the charter of M/Y VOGUE/JIMBO, in exchange for $200,000 annually to be 

paid to Plaintiff from PETHŐ AXEL. While Plaintiff gave possession, PETHŐ AXEL never 

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paid Plaintiff and now possession and title to M/Y VOGUE/JIMBO has been fraudulently 

transferred to another. 

46. PETHŐ AXEL had knowledge of this benefit, and accepted and/or retained this 

benefit by taking delivery of M/Y VOGUE/JIMBO. 

47. The circumstances are such that it would be inequitable for PETHŐ AXEL to 

retain the benefit without paying fair market value for it. 

WHEREFORE, Plaintiff, AQUARIUS AQUA USA, INC., seeks entry of a final 

judgment as against PETHŐ AXEL for unjust enrichment and damages relating to PETHŐ

AXEL’s possession, use, chartering, and sale of M/Y VOGUE/JIMBO, for damages relating to 

loss of use and any loss in valuation, and any further relief this Court deems just. 

COUNT IV 

CONVERSION 

AS AGAINST PETHŐ AXEL 

48. Plaintiff incorporates the allegations raised in paragraphs 1 through 27 above and 

further avers as follows: 

49. Plaintiff owns M/Y VOGUE/JIMBO pursuant to the chain of title described 

supra. 

50. PETHŐ AXEL intentionally interfered with Plaintiff’s rights of ownership and 

possession in M/Y VOGUE/JIMBO. 

51. PETHŐ AXEL, by either fraudulently transferring possession and ownership, or 

allowing the transfer of possession and ownership, committed a wrongful act inconsistent with 

the property rights of the Plaintiff. 

52. PETHŐ AXEL’s interference deprived the Plaintiff of possession and use of M/Y 

VOGUE JIMBO. 

53. The interference caused damages to Plaintiff. 

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WHEREFORE, Plaintiff, AQUARIUS AQUA USA, INC., seeks entry of a final 

judgment as against PETHŐ AXEL for conversion and damages relating to PETHŐ AXEL’s 

unlawful taking of M/Y VOGUE/JIMBO, for damages relating to loss of use and any decrease in 

valuation, and any further relief this Court deems just. 

Dated this 2nd day of June, 2020. 

Respectfully submitted, 

 SAUL EWING ARNSTEIN & LEHR LLP

 Attorneys for AQUARIUS AQUA USA, INC. 

701 Brickell Avenue, 17th Floor 

Miami, FL 33131 

Main No.: (305) 428-4500 

Fax: (305) 374-4744 

Direct No.: (305) 428-4553 

Service of Pleadings: mia-ctdocs@saul.com; 

 javier.rodriguez@saul.com; and 

lourdes.alvarez@saul.com 

 By: /s/ Javier J. Rodriguez 

 Javier J. Rodriguez

Fla. Bar No. 827347 

Javier.rodriguez@saul.com

Abbigail Webb 

 Florida Bar No. 86985 

 Abbigail.Webb@saul.com

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