DISTRICT COURT, CITY AND COUNTY OF
DENVER, COLORADO
1437 Bannock Street
Denver, CO 80202
FRED J. JOSEPH,
Securities Commissioner for the State of Colorado,
Plaintiff,
v.
XL CAPITAL PARTNERS, INC., a Nevada
Corporation, H. ALAN BIRD, DAVID BURDINE,
KEVIN BURDINE, JAY HAWPE, LES HOUGHTON,
DONAVON JOHNSON, GREG MILLS, RICHARD
MUTCH, DAVID NEWTON, individually and d/b/a
D.E.N. VENTURES, INC., BRIAN PETERSON,
individually and d/b/a SECURED FINANCIAL
COMPANIES, INC., BENJAMIN RAPHAEL,
individually and d/b/a PRO VISION INVESTMENTS,
INC., and DOUG SCOTT, individually and d/b/a DOUG
SCOTT, INC.,
Defendants,
XL PROPERTIES, INC., a Nevada corporation,
Relief Defendant.
t COURT USE ONLY t
JOHN W. SUTHERS, Interim Attorney General
PAUL L. VORNDRAN, First Assistant Attorney
General*
ROBERT J. SHILLIDAY III
Assistant Attorney General*
1525 Sherman Street, 5th Floor
Denver, CO 80203
(303) 866-5286
*Counsel of Record
Case No.: 2004 CV 9931
Courtroom 1
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
Plaintiff, Fred J. Joseph, Securities Commissioner for the State of Colorado, by and
through his counsel, the Office of the Colorado Attorney General, and for his First Amended
Complaint against the Defendants, alleges as follows:
JURISDICTION
1.
Plaintiff Fred J. Joseph is the Securities Commissioner for the State of
Colorado (the “Commissioner”) and is authorized, pursuant to § 11-51-703, C.R.S. (2004), to
administer all provisions of the Colorado Securities Act (the “Act”). Pursuant to § 11-51-
602, C.R.S. (2004), the Commissioner is authorized to bring this action against the
Defendants and to seek monetary relief, temporary, preliminary and permanent injunctive
relief, and other equitable relief against the Defendants for their alleged violations of the Act.
THE HEDGE FUNDS
2.
Vision Fund, L.P. (“Vision Fund”) is a hedge fund organized as a limited
partnership under the laws of the State of Nevada on October 10, 2002 with its principal
pla