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April 19th, 2023

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Early Sullivan Prevails At Bench Trial Recovering Client’s Stolen Funds

Early Sullivan Senior Associate Brett Moore successfully obtained a judgment in favor of client Plaintiff Cleredene Sheriff in a breach of contract and conversion matter against Defendant Pamela Azmi-Andrew. Ms. Sheriff retained Early Sullivan for the limited purpose of representing her in a bench trial to recover funds stolen by her late-daughter’s roommate.

In 2017, Colleen Mayne, Ms. Sheriff’s daughter and only child was suffering from breast cancer and had a seizure that ultimately left her in a coma. In the weeks and months following Ms. Mayne’s seizure, Defendant Azmi-Andrew volunteered to help Colleen manage her expenses. Ms. Mayne gave Ms. Azmi-Andrew her credit cards, owned jointly between Ms. Sheriff and her daughter, for that purpose. Defendant ended up using the credit cards to obtain cash advances for herself and to pay for flights, car rentals (including a Lamborghini), and other items. These charges were made without permission from Ms. Sheriff or Ms. Mayne. When Ms. Azmi-Andrew was confronted about the charges, over text messages, she agreed to repay them.

At trial, Defendant contended that the charges were gifts and that Ms. Mayne agreed to loan a large sum of money to Defendant, which she intended to repay. She claimed that she never had possession of Ms. Mayne’s credit cards. She further denied having entered into an agreement to repay the amounts she stole. Notwithstanding Defendant’s defenses and stories explaining the charges made on the cards, on cross-examination by Mr. Moore, her defenses and stories completely unraveled. Ultimately, the Judge stated that he found Defendant’s credibility “wholly lacking” and rendered a verdict in favor of our client. Ms. Sheriff will get nearly everything that was stolen from her, plus interest.