IN THE UNITED STATES DISTRICT COURT

FOR THE SOURTHERN DISTRICT OF OHIO

WESTERN DIVISION AT CINCINNATI

BILLY BUCK ROSCOE,

5856 Glenway Avenue

Cincinnati, OH 45238

 and

BILLY BUCK ROSCOE WORLD

ENTERPRISES LTD.

5856 Glenway Avenue

Cincinnati, OH 45238

 Plaintiffs

 vs.

BILLY CHRISTOPHER BENSON

528 Bellevue Avenue

Bowling Green, KY 42101

JOHN JACOB YORK

157 Cynthia Lynn Drive

Bowling Green, KY 42103

TYLER BLAKE WEBSTER

5204 Edmondson Pike

Apt 3118

Nashville, TN 37211-5160

RAGING PATRIOTS, LLC

5204 Edmondson Pike

Apt 3118

Nashville, TN 37211-5160

Also Serve:

RAGING PATRIOTS, LLC

c/o Tyler Webster

Registered Agent

5204 Edmondson Pike

Apt 3118

Nashville, TN 37211-5160

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CASE NO.

Judge 

COMPLAINT

JURY DEMAND ENDORSED 

HEREON

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TAYLOR YORK

157 Cynthia Lynn Drive

Bowling Green, KY 42103

GABRIELA BENSON

528 Bellevue Avenue

Bowling Green, KY 42101

GREATER HALF, LLC

192 Thompson Heights Ct.

Bowling Green, KY 42101

Also Serve:

GREATER HALF, LLC

c/o KB Corporate Services, Inc.

Registered Agent

1025 State Street

Bowling Green, KY 42101

 

 Defendants.

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Now comes Billy Buck Roscoe (“Roscoe”) and Billy Buck Roscoe World Enterprises, 

Ltd. (“World Enterprises”), by and through its undersigned counsel, files this complaint against 

Defendants and hereby states as follows:

I. INTRODUCTION

The claim of Roscoe, on his own behalf and on behalf of World Enterprises, against 

Defendants involves the fraudulent conversion of funds and taking of property by Billy 

Christopher Benson (“Benson), John Jacob York (“York”), Tyler Blake Webster (“Webster”), 

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Taylor York, and Gabriela Benson (when referred to collectively “Defendants”) for their own 

benefit that properly belongs to all members of RPL (“RPL”). It also involves the usurpation of 

various corporate opportunities by Benson, York, Webster, and Greater Half, LLC to the 

detriment of RPL, Roscoe, and World Enterprises. Accordingly, Roscoe, on his own behalf, and 

on behalf of World Enterprises, asserts the following claims against Defendants.

II. JURISDICTION AND VENUE

1. Plaintiffs bring their complaint under federal diversity jurisdiction 28 U.S.C. 

1332, as the parties are completely diverse in citizenship and the amount in controversy exceeds 

$75,000.00, exclusive of interests and costs.

2. Venue is proper in the United States District Court for the Southern District of

Ohio pursuant to 28 U.S.C. § 1391 because Roscoe and World Enterprises reside within the 

District, RPL regularly conducts business in this District and a substantial part of the events or 

omissions giving rise to the claims occurred in this District.

III. STATEMENT OF FACTS

3. RPL is a Tennessee limited liability company that primarily operates a website 

that consists of, but not limited to, blog posts and the sale of apparel and party products. 

4. World Enterprises is an Ohio limited liability company.

5. In approximately January 2018, World Enterprises, entered into a Memorandum 

of Understanding (“Memo”) (Exhibit A) with the then current members of RPL, namely,

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Benson, York, and Webster. Benson, York and Webster are collectively referred to as 

(“BY&W”).

6. Under the Memo World Enterprises would contribute $6,000.00 to RPL in 

exchange for a 40% membership interest in RPL.

7. After the execution of the Memo, World Enterprises paid the $6,000.00 to RPL 

per the terms of the Memo.

8. To date there has been no known Operating Agreement formalized with World 

Enterprises as a 40% member of RPL.

9. According to the terms of the Memo, each Member had roles to perform. World 

Enterprises was to promote RPL with its established social media presence. Since the execution 

of the Memo, World Enterprises has promoted the RPL site according to the terms of the Memo

and sales have increased. 

10. RPL has used the name and likeness of Roscoe and World Enterprises to advertise 

and sell the merchandise on its website, www.ragingpatriots.com (“Exhibit B”). 

11. Although World Enterprises has made numerous requests for the profits entitled 

to it under its 40% member interest, World Enterprises has not received its share of the profits 

from RPL. 

12. Instead of sharing profits according to the terms of the Memo, RPL members 

BY&W have engaged in practices of syphoning off the profits of RPL through payments to 

family members and alter ego companies. World Enterprises is entitled to recoup the amounts it

is entitled which were unlawfully and fraudulently converted by Defendants for their own 

benefit.

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13. RPL has made unapproved payments to family members, namely Taylor York 

and Gabriela Benson. 

14. RPL members, BY&W, have operated an alter ego entity, Greater Half, LLC 

(“GHL”).

15. GHL is a Kentucky limited liability company. 

16. RPL has paid excessive fees to GHL for the warehousing of merchandise and 

other unknown charges, breaching fiduciary duties to RPL members, including World 

Enterprises. 

17. RPL and GHL are engaging in practices resulting in substantial legal and financial 

risk to RPL and World Enterprises by breaching 19 U.S.C. 1304. Namely, importing goods from 

foreign countries without country of origin markings and/or removing country of origin markings 

on goods imported to the United States that RPL sells through its website. This fraudulent act 

knowingly exposes RPL and its members to serious potential liability to the United States 

Customs and Border Protection.

IV. PLAINTIFFS’ CAUSES OF ACTION

COUNT ONE

(Breach of Contract)

18. Plaintiffs hereby reallege the allegations in paragraphs 1 through 17 of the 

Complaint as if fully rewritten herein.

19. The Memo signed by Roscoe, World Enterprises, and BY&W, memorializes a 

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number of promises that have been broken by the Defendants. Specifically, the Memo states the 

following: 

2. World Enterprises shall contribute $6,000.00 to the 

Company in exchange for 40% Membership Interest in the 

Company.

5. The Parties shall draft and execute an Operating Agreement

for the Company in accordance with Kentucky law and mutually 

agreeable to the Parties.

8. The Parties agree to share in the assets, profits and losses of 

the Company in proportion to each Party’s Membership Interest 

percentage in the Company.

9. The Parties agree to work together in good faith and to take 

such actions as are reasonably necessary as soon as is reasonably 

possible to accomplish the actions set forth in this Memorandum.

(Exhibit A).

20. Although, World Enterprises promptly completed its obligation of contributing 

$6,000 to RPL, BY&W have repeatedly breached the Memo by failing to fulfill their obligations. 

21. BY&W breached their promises when they failed to (a) assign World Enterprises

its 40% membership interest, (b) establish a new operating agreement with the inclusion of 

World Enterprises, and (c) when it failed to share the profits made by RPL. 

22. BY&W’s breach is in bad faith.

23. As a direct and proximate result of BY&W’s actions, Plaintiffs have sustained 

damages in excess of $75,000, in addition to attorney fees for the bad faith breach of contract. 

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COUNT TWO

(Breach of Duty of Good Faith and Fair Dealing)

24. Plaintiffs hereby reallege the allegations in paragraphs 1 through 23 of the 

Complaint as if fully rewritten herein.

25. Under Tennessee Code 48-249-403(d), a limited liability company, like a 

partnership, involves a fiduciary relationship. That relationship imposes on the members a duty 

to exercise the utmost good faith and fair dealings in all dealings and transactions related to the 

company. Specifically, the statute states the following: 

A member shall discharge the member's duties to a member-managed 

LLC and its other members and holders of financial rights under this 

chapter or under the LLC documents, and shall exercise any rights 

with respect to the LLC consistently with the obligation of good faith 

and fair dealing.

26. BY&W have breached their fiduciary duties to exercise the utmost good faith and 

fair dealing in their dealings with World Enterprises. These actions include, but are not limited 

to, (a) converting funds paid by World Enterprises for its interest in RPL to BY&W for their

benefit, (b) fraudulently making unauthorized payments to spouses of Benson and York, 

namely, Taylor York and Gabriela Benson, and (c) usurping LLC opportunities by using GHL,

their alter ego LLC, to siphon off revenue by converting RPL assets to BY&W to the exclusion 

of World Enterprises. 

27. BY&W’s conduct was taken in wanton disregard of the legal and statutory rights 

of Roscoe and World Enterprises, in bad faith, and maliciously, which entitles Plaintiffs to an 

award of compensatory damages, punitive damages and reasonable attorney’s fees. 

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COUNT THREE

(Breach of Duty of Loyalty)

28. Plaintiffs hereby reallege the allegations in paragraphs 1 through 27 of the 

Complaint as if fully rewritten herein.

29. Tennessee Code 48-249-403(b) defines the fiduciary duty of loyalty a member 

owes including discharging duties to the limited liability company and the other members 

consistent with an obligation of good faith and fair dealing. Tennessee Code 48-249-403(b)(1) 

requires all members to account for any profit or benefit derived to him for the use of LLC 

property or the appropriation of LLC company business opportunities. Tennessee Code 48-249-

403(b)(3) prohibits members from competing or dealing with the LLC in an adverse manner.

30. BY&W violated Tennessee Code 48-249-403(b) by (a) converting funds paid by 

World Enterprises for its interest in RPL to BY&W for their benefit, (b) fraudulently making 

unauthorized payments to spouses of BY&W, namely Taylor York and Gabriela Benson, and (c) 

usurping LLC opportunities by using GHL, their alter ego LLC, to siphon off revenue by 

converting RPL assets to BY&W to the exclusion of World Enterprises. 

31. As a result of BY&W’s breach of duty of loyalty, Plaintiffs are entitled to 

damages in an amount in excess of $75,000, including punitive damages and reasonable 

attorney’s fees.

COUNT FOUR

(Breach of Duty of Care)

32. Plaintiffs hereby reallege the allegations in paragraphs 1 through 31 of the 

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Complaint as if fully rewritten herein.

33. Tennessee Code 48-249-403(c) defines the fiduciary duty of care a member owes 

to include refraining from engaging in grossly negligent or reckless conduct, intentional 

misconduct or a knowing violation of law.

34. BY&W violated Tennessee Code 48-249-403(c) by knowingly and systematically 

violating 19 U.S.C. 1304 through the importation of unidentified goods and/or the removal of 

country of origin markings on goods imported to the United States that RPL sells through its 

website.

35. As a result, BY&W have exposed Plaintiffs to potential criminal and/or civil 

liability.

36. As a result of BY&W’s statutory violations, Plaintiffs are entitled to damages in 

an amount in excess of $75,000, including punitive damages and reasonable attorney’s fees.

COUNT FIVE

(Conversion by BY&W)

37. Plaintiffs hereby reallege the allegations in paragraphs 1 through 36 of the 

Complaint as if fully rewritten herein.

38. In January 2018 World Enterprises paid $6,000 to BY&W for the purpose of 

acquiring a 40% membership interest in RPL, per the Memo.

39. BY&W never assigned the 40% membership interest but instead wrongfully 

exercised dominion and control over these funds which was inconsistent with the purpose for 

which the funds were provided. BY&W converted these funds and World Enterprises’ 40% 

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membership interest for their own benefit. 

40. BY&W’s actions constitute the tort of conversion.

41. As a result, Plaintiffs are entitled to damages in an amount in excess of $75,000, 

including punitive damages and reasonable attorney’s fees.

COUNT SIX

(Conversion by Taylor York and Gabriela Benson)

42. Plaintiffs hereby reallege the allegations in paragraphs 1 through 41 of the 

Complaint as if fully rewritten herein.

43. In January 2018 World Enterprises paid $6,000 to BY&W for the purpose of 

acquiring a 40% membership interest in RPL, per the Memo.

44. BY&W never assigned the 40% membership interest but instead wrongfully 

exercised dominion and control over these funds which was inconsistent with the purpose for 

which the funds were provided. BY&W converted these funds and World Enterprises’ 

membership interest for their own benefit. 

45. BY&W’s used these funds and other RPL Assets to make unauthorized payments 

to York’s wife, Taylor York, and to Benson’s wife, Gabriela Benson. Taylor York and Gabriella 

Benson knowingly accepted these unauthorized payments.

46. These actions constitute the tort of conversion on the part of Taylor York and 

Gabriela Benson.

47. As a result of Taylor York and Gabriela Benson’s actions, Plaintiffs are entitled to 

compensatory and punitive damages in an amount in excess of $25,000, including reasonable 

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attorney’s fees.

COUNT SEVEN

(Fraud)

48. Plaintiffs hereby reallege the allegations in paragraphs 1 through 47 of the 

Complaint as if fully rewritten herein.

49. Between 2017 and through 2018 BY&W made several knowing 

misrepresentations or omissions to Plaintiffs. These included the following statements:

(A) That the money paid by World Enterprises to 

BY&W would be used for the purchase of World 

Enterprises’ 40% membership interest in RPL.

(B) That a new operating agreement for RPL would be 

created with the inclusion of World Enterprises as a 

member.

50. BY&W’s representations were material to the business arrangement and 

transactions between BY&W and World Enterprises.

51. BY&W made the statements falsely, knowingly and recklessly with the intention 

of misleading Plaintiffs to pay funds to BY&W, and to enter into a business relationship with 

them.

52. Plaintiffs relied on the representations by paying monies to BY&W and 

continuing their business relationship with BY&W.

53. Plaintiffs have been damaged in an amount not less than $75,000. In addition, 

BY&W actions were unlawful, malicious, and in wanton disregard of Plaintiffs' legal rights, thus 

entitling Plaintiffs to punitive damages, and reasonably attorney’s fees.

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COUNT EIGHT

(Cause of Action For A Constructive Trust as Between

RPL and World Enterprises)

54. Plaintiffs hereby reallege the allegations in paragraphs 1 through 53 of the 

Complaint as if fully rewritten herein.

55. A constructive trust may be imposed against one who, by fraud, actual or 

constructive, by duress or abuse of confidence, by commission of wrong, or by any form of 

unconscionable conduct, artifice, concealment or questionable means, has obtained an interest in 

property which he ought not in equity or in good conscience retain. 

56. The duty to convey property arises because it was acquired through fraud, duress, 

undue influence, or through a breach of fiduciary duty. The basis of the constructive trust is the 

unjust enrichment which would result if the person having the property were permitted to retain 

it. 

57. BY&W have received funds through RPL from World Enterprises in order to 

acquire a membership interest that was never conveyed.

58. BY&W and RPL continue to profit from the name and likeness of Roscoe which 

they are not entitled due to the unlawful conduct described herein.

59. Plaintiffs request a constructive trust be ordered against RPL and that the payment 

of all revenue RPL receives from its business activities be placed in trust until such time as the 

Court decides the validity of the claims asserted by Plaintiffs against Defendants.

WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and 

severally, as follows: 

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60. Compensatory damages in an amount in excess of $75,000.00 exclusive of

interest and costs.

61. Punitive damages in an amount to be determined at trial.

62. A preliminary and permanent injunction requiring all Defendants from using any 

likeness of Roscoe or World Enterprises.

63. An Order dissolving RPL as an entity due to the unlawful conduct described 

herein.

64. An Order dissolving Greater Half, LLC as an entity due to the unlawful conduct 

described herein.

65. Order a full accounting of RPL’s finances including, but not limited to, payments 

received from World Enterprises and payments made to Taylor York, Gabriela Benson, any 

other family member of BY&W, and Greater Half, LLC. 

66. Order a constructive trust against RPL and further order all revenue of RPL be 

held in Trust until apportionment by the Court.

67. Reasonable attorney’s fees, cost and disbursements.

68. All other legal and equitable relief as the Court deems just and proper.

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/s/___Douglas M. Morehart________________

DOUGLAS M. MOREHART (38668)

 Trial Attorney for Plaintiffs

HAVERKAMP RIEHL & MICHEL CO. LPA

5856 Glenway Avenue

Cincinnati, OH 45238

(513) 922-3200

dmorehart@hrm-law.com

/s/ Timothy A. Michel 

Timothy A. Michel (40446)

HAVERKAMP, RIEHL & MICHEL CO., LPA

5856 Glenway Avenue

Cincinnati, Ohio 45238

(513) 922-3200

tmichel@hrm-law.com

JURY DEMAND

Plaintiffs hereby request a trial by jury on all issues, with the maximum number of jurors 

permitted by law. 

/s/ Douglas M. Morehart

Douglas M. Morehart (38668)

HAVERKAMP, RIEHL & MICHEL CO., LPA

 Trial Attorney for Plaintiffs 

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