EXHIBIT A 

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EXHIBIT B 

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1

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: IAS PART 54

GEM HOLDCO, LLC, and GEM 

VENTURES, LTD.,

Plaintiffs,

-againstCHANGING WORLD TECHNOLOGIES, 

L.P., et al.,

Defendants.

Index No.: 650841/2013

(Kornreich, J.)

RESTRAINING NOTICE AND

INFORMATION SUBPOENA

CWT CANADA II LIMITED 

PARTNERSHIP, RESOURCE RECOVERY 

CORPORATION and JEAN NOELTING,

Third-Party Plaintiffs,

-againstCHRISTOPHER BROWN, EDWARD 

TOBIN, ELIZABETH J. DANZIK and DEJA 

II, LLC.

Third-Party Defendants.

TO: Wells Fargo

1755 Broadway

New York, NY 10019

Legal Department Fax: 877-554-5339

WHEREAS, a judgment was entered in this Court on September 7, 2016 in favor 

of Cross-Claim Plaintiffs CWT Canada II Limited Partnership, Resources Recovery Corporation, 

and Jean Noelting, and against Cross-Claim Defendants RDX Technologies Corporation (f/k/a 

Ridgeline Energy Services, Inc.) and Dennis M. Danzik (the “judgment debtor” or “judgment 

debtors”), for the amount of $7,033,491.13,

WHEREAS, the amount of $7,033,491.13, together with interest from September 

7, 2016, remains due and unpaid,

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 9 of 46
2

WHEREAS, the witness to whom this subpoena is addressed resides in New 

York County, 

WHEREAS, it appears that you are in possession or in custody of property in 

which the judgment debtor has an interest as well as account(s) or any other property, tangible or 

intangible or interest in any property in the name of the judgment debtor, including, but not 

limited to the account reflected in the check in the attached Exhibit A, and any other 

accounts held in the name of Wyo Tech Investment Group LLC. 

YOU ARE HEREBY COMMANDED, to answer in writing under oath, 

separately and fully, each question in the questionnaire accompanying the subpoena, each answer 

referring to the question to which it responds; and that you return the answers together with the 

original of the questions within 7 days after your receipt of the questions and this subpoena. 

PLEASE TAKE NOTICE that false swearing or failure to comply with this 

Information Subpoena is punishable as a contempt of Court.

 

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EXHIBIT A 

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RESTRAINING NOTICE

Pursuant to Section 5222(b) of the Civil Practice Law and Rules, a copy of which is set 

forth below, you are hereby forbidden to make or suffer any sale, assignment, or transfer of, or 

any interference with any property in which the judgment debtors have an interest, except upon 

direction of the sheriff or pursuant to an order of the court until the aforesaid judgment is 

satisfied or vacated. This notice also covers all property in which the judgment debtors have an 

interest hereafter coming into your possession or custody, and all debts hereafter coming due 

from you to the judgment debtor. Disobedience of this Restraining Notice is punishable as a 

contempt of court. 

Certification: I hereby certify that this information subpoena complies with Rule 5224 of the

Civil Practice Law and Rules and Section 601 of the General Business Law that I 

have a reasonable belief that the party receiving this subpoena has in their 

possession information about the debtors that will assist the creditor in collecting 

the judgment.

Dated: October 18, 2017

New York, New York

SCHLAM STONE & DOLAN LLP

By:

Jeffrey M. Eilender

Bradley J. Nash

Joshua Wurtzel

26 Broadway

New York, New York 10004

Telephone: (212) 344-5400

Facsimile: (212) 344-7677

E-Mail: jme@schlamstone.com

E-Mail: bnash@schlamstone.com

E-Mail: jwurtzel@schlamstone.com 

Attorneys for Cross-Claim Plaintiffs CWT 

Canada II Limited Partnership, Resource 

Recovery Corporation, and Jean Noelting

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 13 of 46
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CPLR 5222(b)

Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served 

with a restraining notice is forbidden to make or suffer any sale, assignment, transfer or 

interference with any property in which he or she has an interest, except as set forth in 

subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an 

order of the court, until the judgment or order is satisfied or vacated. A restraining notice served 

upon a person other than the judgment debtor or obligor is effective only if, at the time of 

service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession 

or custody of property in which he or she knows or has reason to believe the judgment debtor or 

obligor has an interest, or if the judgment creditor or support collection unit has stated in the 

notice that a specified debt is owed by the person served to the judgment debtor or obligor or that 

the judgment debtor or obligor has an interest in specified property in the possession or custody 

of the person served. All property in which the judgment debtor or obligor is known or believed 

to have an interest then in and thereafter coming into the possession or custody of such a person, 

including any specified in the notice, and all debts of such a person, including any specified in 

the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject 

to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is 

forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any 

such property, or pay over or otherwise dispose of any such debt, to any person other than the 

sheriff or the support collection unit, except as set forth in subdivisions (h) and (i) of this section, 

and except upon direction of the sheriff or pursuant to an order of the court, until the expiration 

of one year after the notice is served upon him or her, or until the judgment or order is satisfied 

or vacated, whichever event first occurs. A judgment creditor or support collection unit which 

has specified personal property or debt in a restraining notice shall be liable to the owner of the 

property or the person to whom the debt is owed, if other than the judgment debtor or obligor, for 

any damages sustained by reason of the restraint. If a garnishee served with a restraining notice 

withholds the payment of money belonging or owed to the judgment debtor or obligor in an 

amount equal to twice the amount due on the judgment or order, the restraining notice is not 

effective as to other property or money.

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IN ACCORDANCE WITH THE INSTRUCTIONS AND DEFINITIONS SET FORTH 

BELOW, ANSWER THE QUESTIONS THAT FOLLOW ON THE FORM PROVIDED 

WITHIN SEVEN (7) DAYS AND RETURN YOUR ANSWERS IN THE PRE-ADDRESSED, 

POSTAGE PAID ENVELOPE ENCLOSED HEREWITH TO:

Schlam, Stone, and Dolan LLP

26 Broadway

New York, New York 10004

Attention: Joshua Wurtzel

Definitions And Instructions

1. Each question and every subpart thereof shall be answered fully and separately.

2. Answering a question by simply identifying a document, unless the question expressly 

requests only the identification of a document, will not be a sufficient answer to that 

question.

3. When any question calls for the identity of any person, you are to provide the person's:

a. full name;

b. last known business address and telephone number;

c. present occupation, title and business affiliation; and

d. occupation, title and business position during the time period to which your 

answer relates.

4. When any question requires you to identify a document, you shall state to the extent 

known:

a. the type of document;

b. the general subject matter;

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c. the date of the document; and

d. the author(s), addressee(s) and recipient(s).

5. The term "document" means any written, printed, recorded or graphic matter of any kind, 

however produced or reproduced, including without limitation any writing, drawing, 

graph, chart, photograph, label, sign, print, package, wrapper, receptacle, advertisement, 

computer disk, tape and audio or visual recording, which is in your possession, custody 

or control.

6. The term "communication" means the transmittal of information (in the form of facts, 

ideas, inquiries, opinions, or otherwise), including without limitation any meeting, 

conversation, discussion, faxes, notes correspondence, message, or other written and oral 

communications between two or more persons, in person, on the telephone, or by any 

other means of electronic or physical communication.

7. The term "concerning" means relating to, referring to, describing, evidencing or 

constituting.

8. The term "and" and "or" shall be construed either disjunctively or conjunctively as 

necessary to bring within the scope of any request all documents that might otherwise be 

construed to be outside of its scope.

9. The terms "any" and "all" shall be construed as necessary to bring within the scope of any 

question all documents, communications or subject matter that might otherwise be 

construed to be outside its scope.

10. The use of the singular form of any word includes the plural, and vice versa, whenever 

necessary to bring within the scope of any question all documents, communications, or 

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subject that might otherwise be construed to be outside its scope.

11. These questions are intended to be of a continuing nature. If after the service of your 

responses hereto, you should learn of any information which supplements or differs from 

the answers you supplied, you will promptly supplement your responses to the 

undersigned attorneys.

12. In the event you decline to answer any particular question, or subpart thereof, on the 

ground of any evidentiary privilege or discovery exclusion, (a) state the basis for 

assertion of the privilege or exclusionary principle, and (b) give a summary statement of 

the document's date, author, recipient, custodian and subject matter in sufficient detail to 

permit the Court to reach a determination in the event of a motion to compel.

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: IAS PART 54

GEM HOLDCO, LLC, and GEM 

VENTURES, LTD.,

Plaintiffs,

-againstCHANGING WORLD TECHNOLOGIES, 

L.P., et al.,

Defendants.

Index No.: 650841/2013

(Kornreich, J.)

QUESTIONS AND ANSWERS IN 

CONNECTION WITH INFORMATION 

SUBPOENA 

CWT CANADA II LIMITED 

PARTNERSHIP, RESOURCE RECOVERY 

CORPORATION and JEAN NOELTING,

Third-Party Plaintiffs,

-againstCHRISTOPHER BROWN, EDWARD 

TOBIN, ELIZABETH J. DANZIK and DEJA 

II, LLC.

Third-Party Defendants.

STATE OF ______________:

 : ss.

COUNTY OF ____________:

I, _____________________ on behalf of Wells Fargo, being duly sworn, depose 

and say that I am the recipient of an information subpoena herein and of the original and a copy 

of questions accompanying said subpoena. The answers set forth below are made from 

information obtained from my records and/or are based upon my personal knowledge. 

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Questions

Question No. 1

Do you have a record of any account in which the judgment debtors may have an interest, 

whether under the name of the debtors, under a trade or corporate name, or in association with 

others, as of the date of the subpoena or within one year prior thereto?

Answer to Question No. 1

Question No. 2

As to each such account, what is the exact title of the account, the date opened, 

amounts presently on deposit; if closed, the amount on deposit when closed and the date closed?

Answer to Question No. 2

Title Date Opened Amount on Deposit Date Closed

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Question No. 3

Do you have a record of any safe deposit box in which the judgment debtors may 

have an interest, whether under the name of the debtors, under a trade or corporate name, or in 

association with others, as of the date of the subpoena or within one year prior thereto?

Answer to Question No. 3

Question No. 4

As to each such box what is the exact designation of the lessees thereof, the date 

hired, the date discontinued, the names of those having access?

Answer to Question No. 4

Lessees Date Hired Date Discontinued Those Having Access

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Question No. 5

Do you hold collateral in which the debtors have or may have an interest?

Answer to Question No. 5

Question No. 6

What is the description and value of each item of collateral?

Answer to Question No. 6

Description Value

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Question No. 7

What interest do the debtors appear to have in each item of collateral?

Answer to Question No. 7

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Question No. 8

Is any of the judgment debtors indebted to you?

Answer to Question No. 8

Question No. 9

As to each indebtedness, what is the amount of the original indebtedness, the date 

incurred, amount repaid and date of such repayment?

Answer to Question No. 9

Amount Date Incurred Amount Repaid Date Repaid

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Question No. 10

Do you hold any lien, mortgage or otherwise, against property of the debtors?

Answer to Question No. 10

Question No. 11

What is the nature of each such lien, the full description of the property affected 

by the lien, the location and identity of the office of the filing or recording and full indexing 

information?

Answer to Question No. 11

Lien Property Where Recorded Book and

or Filed Page No.

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Question No. 12

Are any of the assets of the debtors, in your possession or care, subject to liens, 

attachments or other encumbrances?

Answer to Question No. 12

Question No. 13

What are the full details of the same in regard to each asset?

Answer to Question No. 13

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Question No. 14

Do you have any other transactions with the debtors, directly or indirectly, as a

result of which the debtors may now have, or may in the future become entitled to, money or 

credit?

Answer to Question No. 14

Question No. 15

What are the full details of each such transaction?

Answer to Question No. 15

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Question No. 16

Has any of the debtors given you a statement of final condition?

Answer to Question No. 16

Question No. 17

What assets are disclosed therein (or in the alternative supply a copy thereof)?

Answer to Question No. 17

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Question No. 18

For the individual debtors, what is debtor’s social security number and last place 

of employment?

Answer to Question No. 18

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Dated this ______day of _________ 2017.

________________________

 

On Behalf of Wells Fargo

SUBSCRIBED AND SWORN to before me this ___ day of__________ 2017, by __________ 

on behalf of Wells Fargo

________________________

 Notary Public

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 29 of 46
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EXEMPTION NOTICE 

 as required by New York Law 

YOUR BANK ACCOUNT IS RESTRAINED OR “FROZEN” 

The attached Restraining Notice or notice of Levy by Execution has been issued against your 

bank account. You are receiving this notice because a creditor has obtained a money judgment 

against you, and one or more of your bank accounts has been restrained to pay the judgment. A 

money judgment is a court's decision that you owe money to a creditor. You should be aware 

that FUTURE DEPOSITS into your account(s) might also be restrained if you do not respond to 

this notice.

You may be able to “vacate” (remove) the judgment. If the judgment is vacated, your bank 

account will be released. Consult an attorney (including free legal services) or visit the court 

clerk for more information about how to do this.

Under state and federal law, certain types of funds cannot be taken from your bank account to 

pay a judgment. Such money is said to be “exempt. ”

DOES YOUR BANK ACCOUNT CONTAIN ANY OF THE FOLLOWING TYPES OF FUNDS?

1. Social security;

2. Social security disability (SSD);

3. Supplemental security income (SSI);

4. Public assistance (welfare);

5. Income earned while receiving SSI or public assistance;

6. Veterans benefits;

7. Unemployment insurance;

8. Payments from pensions and retirement accounts;

9. Disability benefits;

10. Income earned in the last 60 days (90% of which is exempt);

11. Workers' compensation benefits;

12. Child support;

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13. Spousal support or maintenance (alimony);

14. Railroad retirement; and/or

15. Black lung benefits.

If YES, you can claim that your money is exempt and cannot be taken. To make the claim, you 

must

(a) complete the EXEMPTION CLAIM FORM attached;

(b) deliver or mail the form to the bank with the restrained or “frozen” account; and

(c) deliver or mail the form to the creditor or its attorney at the address listed on the form.

You must send the forms within 20 DAYS of the postmarked date on the envelope holding this 

notice. You may be able to get your account released faster if you send to the creditor or its 

attorney written proof that your money is exempt. Proof can include an award letter from the 

government, an annual statement from your pension, pay stubs, copies of checks, bank records 

showing the last two months of account activity, or other papers showing that the money in your 

bank account is exempt. If you send the creditor's attorney proof that the money in your account 

is exempt, the attorney must release that money within seven days. You do not need an 

attorney to make an exemption claim using the form.

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EXEMPTION CLAIM FORM

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: IAS PART 54

GEM HOLDCO, LLC, and GEM 

VENTURES, LTD.,

Plaintiffs,

-againstCHANGING WORLD TECHNOLOGIES, 

L.P., et al.,

Defendants.

Index No.: 650841/2013

 EXEMPTION CLAIM FORM

QUESTIONS AND ANSWERS IN 

CONNECTION WITH INFORMATION 

SUBPOENA 

CWT CANADA II LIMITED 

PARTNERSHIP, RESOURCE RECOVERY 

CORPORATION and JEAN NOELTING,

Third-Party Plaintiffs,

-againstCHRISTOPHER BROWN, EDWARD 

TOBIN, ELIZABETH J. DANZIK and DEJA 

II, LLC.

Third-Party Defendants.

NAME AND ADDRESS OF JUDGMENT CREDITOR OR 

ATTORNEY

NAME AND ADDRESS OF FINANCIAL 

INSTITUTION

Schlam Stone & Dolan LLP Wells Fargo

ADDRESS A ADDRESS B

26 Broadway, 19th Floor

New York, New York 10004

1755 Broadway

New York, NY 10019

Directions: To claim that some or all of the funds in your account are exempt, complete both 

copies of this form, and make one copy for yourself. Mail or deliver one form to ADDRESS A and 

one form to ADDRESS B within twenty days of the date on the envelope holding this notice. **If 

you have any documents, such as an award letter, an annual statement from your pension, 

paystubs, copies of checks or bank records showing the last two months of account activity, 

include copies of the documents with this form. Your account may be released more quickly.

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 32 of 46
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____________________________________________________________________________

I state that my account contains the following type(s) of funds (check all that apply):

.... Social security

.... Social security disability (SSD)

.... Supplemental security income (SSI)

.... Public assistance

.... Wages while receiving SSI or public assistance

.... Veterans benefits

.... Unemployment insurance

.... Payments from pensions and retirement accounts

.... Income earned in the last 60 days (90% of which is exempt)

.... Child support

.... Spousal support or maintenance (alimony)

.... Workers' compensation

.... Railroad retirement or black lung benefits

.... Other (describe exemption):_________________________

I request that any correspondence to me regarding my claim be sent to the following address:

____________________________________________________________________________

(FILL IN YOUR COMPLETE ADDRESS) 

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I certify under penalty of perjury that the statement above is true to the best of my knowledge 

and belief.

____________________________________________________________________________

DATE SIGNATURE OF JUDGMENT DEBTOR

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NOTICE TO JUDGMENT DEBTOR OR OBLIGOR

Money or property belonging to you may have been taken or held in order to satisfy a 

judgment or order which has been entered against you. Read this carefully.

YOU MAY BE ABLE TO GET YOUR MONEY BACK

State and federal laws prevent certain money or property from being taken to satisfy 

money judgments or orders. Such money or property is said to be “exempt.” The following is a 

partial list of money which may be exempt:

1. Supplemental social security income (SSI);

2. Social security;

3. Public assistance (welfare);

4. Spousal support, maintenance (alimony) or child support;

5. Unemployment benefits;

6. Disability benefits;

7. Workers’ compensation benefits;

8. Public or private pensions; 

9. Veterans’ benefits;

10. Ninety percent of your wages or salary earned in the last sixty days;

11. Twenty-five hundred dollars of any bank account containing statutorily exempt 

payments that were deposited electronically or by direct deposit within the last 

forty-five days, including, but not limited to, your social security, supplemental 

security income, veterans benefits, public assistance, workers’ compensation, 

unemployment insurance, public or private pensions, railroad retirement benefits, 

black lung benefits, or child support payments;

12. Railroad retirement; and

13. Black lung benefits.

If you think that that any of your money that has been taken or held is exempt, you must 

act promptly because the money may be applied to the judgment or order. If you claim that any 

of your money that has been taken or held is exempt, you may contact the person sending this 

notice.

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 35 of 46
11

Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING ANY FREE LEGAL 

SERVICES ORGANIZATION IF YOU QUALIFY. You can also go to court without an 

attorney to get your money back. Bring this notice with you when you go. You are allowed to 

try to prove to a judge that your money is exempt from collection under New York civil practice 

law and rules, sections fifty-two hundred twenty-two-a, fifty-two hundred thirty-nine and fiftytwo forty. If you do not have a lawyer, the clerk of the court may give you forms to help you 

prove your account contains exempt money that the creditor cannot collect. The law (New York 

civil practice law and rules, article four and sections fifty-two hundred thirty-nine and fifty-two 

hundred forty) provides a procedure for determination of a claim to an exemption.

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 36 of 46
EXHIBIT C 

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EXHIBIT D 

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 42 of 46
26 Broadway, New York, NY 10004

Main: 212 344-5400 Fax: 212 344-7677

schlamstone.com

Joshua Wurtzel

Associate

jwurtzel@schlamstone.com

November 6, 2017

BY E-MAIL

Richard K. Walker, Esq.

Walker & Peskind, PLLC

SGA Corporate Center

16100 N. 71st Street, Suite 140

Scottsdale, AZ 85254

Re: GEM Holdco, LLC, et al. v. Changing World Technologies, L.P., et al., Index No. 

650841/2013; Wyo Tech Investment Group, LLC

Dear Rick:

This firm represents Cross-Claim Plaintiffs and Judgment Creditors CWT Canada II Limited 

Partnership, Resource Recovery Corporation, and Jean Noelting in this action. 

We write in response to your November 2, 2017 letter to John Foudy and Peter Ragone, 

counsel to Wells Fargo in this matter, which copied me. As explained below, your claim that 

Judgment Creditors’ restraining notice on Wyo Tech’s Wells Fargo account is improper is 

erroneous, and Wyo Tech is liable to Judgment Creditors for fraudulent transfers and 

conspiracy to commit fraudulent transfers.

As you are aware, the New York court in this action issued a more-than $7 million judgment 

against Dennis Danzik and RDX Technologies Corporation. This judgment remains 

outstanding, even though Danzik and RDX have waived any appeal of it in New York. 

Danzik is also a criminal fugitive on the run—the New York court held him and RDX in 

criminal and civil contempt for their willful violations of court orders, including their 

violations of an attachment order, and issued a warrant for Danzik’s arrest. We are working to 

have Danzik arrested wherever he is, and extradited to New York. We are also aware that the 

FBI is investigating Danzik’s criminal activities, and we have been cooperating in that 

investigation. We have also informed the FBI about Danzik’s activities with Wyo Tech.

On October 18, 2017, we served an Information Subpoena and Restraining Notice on Wells 

Fargo, directing Wells Fargo to restrain, among other things, funds held in the name of Wyo 

Tech. We did this because we had a strong basis to believe that Wyo Tech was an entity that 

Danzik was using to evade creditors. While we appreciate the information you provided in the 

declarations attached to your November 2 letter, our own investigation has revealed 

contradictory facts, and has further strengthened our belief that Danzik is using Wyo Tech 

(either in collusion with some of its investors, or without their knowledge) to evade creditors. 

Indeed, the New York court held that Danzik was the “epitome of a recalcitrant, 

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Richard K. Walker, Esq.

November 6, 2017

Page 2 of 4

contemptuous, and incorrigible litigant,” who “lie[d],” “deliberately did not disclose” relevant 

records, “coerced” a witness into “submitting false affidavits,” and “perjured himself before a 

Canadian bankruptcy court.” So without supporting documentation, these declarations do 

little to persuade us of anything. And the evidence we have compiled shows that Danzik is 

using Wyo Tech to carry out the same fraudulent scheme that he has attempted multiple 

times, including with RDX.

We understand that over half of the funds that have been paid from the Wyo Tech Wells 

Fargo account at issue have been paid to Danzik Applied Sciences LLC, Elizabeth Danzik, 

Jovahna Danzik, or other known Danzik cronies. When we spoke last week, Mr. Hinz told me 

that he believed DAS stopped doing work for Wyo Tech months ago. But Wyo Tech has 

continued to make dozens of transfers to DAS accounts every month, including as recently as 

October 5, 2017. As you may not know, DAS is no longer in good standing in Delaware—its 

state of formation—and thus lacks any legal status separate from its owners, one of whom is 

Danzik. So every time Wyo Tech pays money into a “DAS” account, it is really paying 

Danzik directly.

Wyo Tech’s operations also show that Danzik has some type of de facto control over this 

entity. His wife supposedly helped to form the entity earlier this year, yet our understanding is 

that Elizabeth has little, or no, experience that would qualify her to help run this type of 

entity. And the same is even more true for Jovahna—who is just a few years out of college. It 

is telling that Jovahna has check-signing authority, and directs so many payments to herself, 

her mother, and her father’s company, when she too seems to lack any experience to qualify 

her for this role. And we also understand that Wyo Tech is making regular payments to 

several other long-time Danzik cronies, including Tony Calim, Vince Meil, Doug Bean, and 

Monica Garcia. Mr. Hinz said that he first met Danzik about a year ago, and was very 

cautious about bringing Danzik in to work with him. But Wyo Tech—a purportedly 

independent start up—is employing a half dozen Danzik family members and cronies, and has 

paid hundreds of thousands of dollars to Danzik’s company. Indeed, approximately 65% of

the money that Wyo Tech has spent from this account has gone to Danzik, his family 

members, his company, or his cronies.

Moreover, we know that Wyo Tech has paid thousands of dollars in Danzik’s legal fees. We 

have also been told by Danzik’s New York counsel that Wyo Tech has paid Tony Ker’s legal 

fees. We are not aware of any connection that Tony Ker has to Wyo Tech, so it is even more 

puzzling why—if Wyo Tech is what you say it is—Wyo Tech would be paying for his lawyer.

Further, we have a signature card for the account at issue in which Jovahna states that she is 

the “Owner with Control of the Entity.” This of course contradicts any claim that no member 

of the Danzik family has an interest in this entity.

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 44 of 46
Richard K. Walker, Esq.

November 6, 2017

Page 3 of 4

Thus, given the information we had when we served the restraining notice, and given the 

additional information we have now, we had a reasonable belief—and have an even more 

reasonable belief—that Wyo Tech is an entity that Danzik is using to evade creditors. The 

restraining notice that we served is thus valid, and lawful.

Wyo Tech is also liable to Judgment Creditors for fraudulent transfers and conspiracy to 

commit fraudulent transfers. Judgment Creditors will seek any enhanced penalties and 

attorneys’-fee awards available under law.

First, under A.R.S § 44-1004(A), a “transfer made” by a “debtor” is “fraudulent as to a 

creditor” if the “debtor made the transfer” either with “actual intent to hinder, delay or 

defraud any creditor of the debtor”; or “[w]ithout receiving a reasonably equivalent value in 

exchange for the transfer.” Upon information and belief, Danzik has conveyed RDX’s 

intellectual property to Wyo Tech in violation of a TRO issued by the New York court, and 

with an intent to defraud Judgment Creditors. Also upon information and belief, Wyo Tech 

has not paid reasonably equivalent value to RDX for this intellectual property.

Second, a defendant is liable for conspiracy to commit fraudulent transfers when there is 

a “(1) fraudulent conveyance (made with intent to hinder, delay, or defraud creditors); 

(2) agreement between two or more persons to commit a fraudulent conveyance; (3) damages 

resulting from the conveyance traceable to the conspiracy; and (4) inadequate equitable 

remedies under UFTA.” In re Hashim, 379 B.R. 912, 916 (B.A.P. 9th Cir. 2007). Here, 

Danzik, through his wife and daughter, have fraudulently transferred funds from Wyo Tech—

with Wyo Tech’s apparent agreement—to themselves, DAS, and Danzik cronies, in an effort 

to defraud Judgment Creditors.1

After we spoke two weeks ago, I asked you to provide specific documents about Wyo Tech’s 

investors, and Wyo Tech’s capitalization, that would go a long way toward showing whether 

Wyo Tech is indeed an independent, non-Danzik entity, as you contend. But we have not 

received a response to that request. And Wyo Tech’s lack of a response speaks volumes.

Finally, if Wells Fargo releases these funds, it will be liable to Judgment Creditors.

We reserve all rights to protect our and our client’s interests.

 

1

Judgment Creditors do not concede that Arizona law governs Wyo Tech’s misconduct.

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 45 of 46
Richard K. Walker, Esq.

November 6, 2017

Page 4 of 4

Sincerely,

Joshua Wurtzel

cc: Jeffrey M. Eilender, Esq. (by e-mail)

Bradley J. Nash, Esq. (by e-mail)

J. Henk Taylor, Esq. (by e-mail)

Bradley T. Hunsicker, Esq. (by e-mail)

John Foudy, Esq. (by e-mail)

Peter Ragone, Esq. (by e-mail)

Case 2:17-cv-04140-DWL Document 12 Filed 11/17/17 Page 46 of 46