Court-Record Profile

SHM LMC's Verified Complaint: What the Filing Itself States

Amended Verified Complaint in Intervention and Cross-Claim — S.D. Fla. Case No. 0:23-cv-61696-AHS, Docket Entry 94
Filed June 19, 2024  •  Verified under 28 U.S.C. § 1746 by Lazaro Roig, General Manager  •  Counsel of record: Stroup & Martin, P.A.
Sworn Filing — Public Docket

This page summarizes allegations recorded in a verified complaint filed on the public docket in Seakeeper, Inc. v. Starboard Yacht Group LLC (S.D. Fla. No. 0:23-cv-61696-AHS), and related docket entries in the same case. Statements described here are allegations or findings recorded in filed documents — not independent findings of fact by HelmLegal — unless the cited document itself records a court finding. Corrections are welcome via the corrections page.

Overview

On June 19, 2024, SHM LMC, LLC d/b/a Lauderdale Marine Center filed its Amended Verified Complaint in Intervention and Cross-Claim (D.E. 94) in the M/V Octopussy admiralty case. Because the complaint is verified, its factual allegations were sworn to under penalty of perjury by Lazaro Roig, LMC's General Manager, on May 24, 2024. Several of those sworn allegations describe how the Octopussy billing arrangement was structured — including that invoicing was redirected to Starboard Yacht Group at Contessa Marine Research's direction so that Contessa could use SYG's Florida resale certificate, and that Contessa never objected to that arrangement.

What the Verified Complaint States

¶12 — THE JUNE 10, 2022 EMAIL

SHM LMC alleges that on June 10, 2022, Jake Stratmann, as Manager of SYG, emailed LMC's account representative Jessenya Burrell and directed LMC to send the Octopussy bills to SYG "so the owner, Contessa, could take advantage of SYG's 2022 Resale Certificate and receive the benefit of a state sales tax cap" on the refit. The email itself is attached to the complaint as Exhibit 2 (D.E. 94-2).

D.E. 94 ¶12 & Ex. 2 (DE 94-2) — verified complaint exhibit, public docket
¶13 — CONTESSA'S AGENT WAS COPIED

SHM LMC alleges the June 10, 2022 email "was copied to Contessa's local agent, Joe Seinitz."

D.E. 94 ¶13
¶14 — NO OBJECTION, NO COUNTERMAND

SHM LMC alleges: "Defendant, Contessa, did not object to or countermand SYG's June 10, 2022 email instruction that directed LMC to send its OCTOPUSSY invoices to SYG for handling and payment."

D.E. 94 ¶14
¶¶22–25 — THE FOUR CHARGEBACKS, ITEMIZED

SHM LMC itemizes four credit-card payments later charged back: $53,935.00 (Dec. 28, 2022, AmEx), $52,857.36 (Jan. 17, 2023, BofA), $59,282.04 (Mar. 16, 2023, AmEx), and $60,427.79 (May 1, 2023, BofA). These four items total $226,502.19 — the identical figure later awarded to Contessa in the Court's September 2026 findings.

D.E. 94 ¶¶22–25; compare D.E. 337 at 18–19, 39
¶91 — TOTAL CLAIMED

SHM LMC alleges "the total amount of $238,483.55 remains unpaid, due and owing at the time of this filing" — the same figure later used as the settlement amount between SHM LMC and SYG.

D.E. 94 ¶91
VERIFICATION — SIGNED UNDER PENALTY OF PERJURY

Lazaro Roig, General Manager of SHM LMC, declared "the factual allegations are true to the best of my own knowledge and belief" and that "the documents in Exhibits 1 through 8 are true and correct copies of the original documents and records maintained by the LMC."

D.E. 94 at 24 (Verification, executed May 24, 2024)

The Chargeback Dollar Chain — Docketed Events

Jun 10, 2022
Stratmann email directs LMC to bill SYG for Octopussy under SYG's resale certificate; Contessa's agent copied. D.E. 94 ¶¶12–13, Ex. 2
Dec 2022–May 2023
Four SYG credit-card payments to LMC ($226,502.19 total) are subsequently charged back. D.E. 94 ¶¶22–25
Jun 19, 2024
SHM LMC files verified complaint (D.E. 94) claiming $238,483.55 unpaid, against both SYG and Contessa. D.E. 94 ¶91
Mar 7, 2025
Notice of Settlement between SHM LMC and SYG filed on the docket. D.E. 187 (Notice of Settlement)
Sep 24, 2025
Court orders SYG to pay the remaining settlement balance of $119,233.55 within 30 days. Order of Sept. 24, 2025 (Singhal, J.)
Jan 13, 2026
Final judgment entered in favor of SHM LMC and against SYG on the settled chargeback claims. Final Judgment as to Cross-Plaintiff/Cross-Defendant, re D.E. 266
Sep 15, 2026
In its findings of fact, the Court awards Contessa $226,502.19 for the same four chargebacks, describing them as funds "wrongfully retained." The findings do not discuss D.E. 94, the resale-certificate invoicing structure, or the SHM LMC judgment. D.E. 337 at 18–19, 39
Sep 18, 2026
Final judgment enters for Contessa against Stratmann. D.E. 338

Analytical note: the docket reflects two money awards touching the same chargeback pool — a judgment for SHM LMC against SYG on the settled chargeback balance (January 2026), and an award of the identical $226,502.19 chargeback figure to Contessa in the September 2026 judgment. Whether the two awards overlap is a question raised in post-judgment proceedings; this page reports the docketed figures only.

Florida Department of Revenue Referral

According to a follow-up letter dated September 30, 2026, a formal Tax Violation Report and Application for Compensation for Tax Information (Form DR-55) was submitted to the Florida Department of Revenue on April 14, 2026, reporting approximately $1,043,682 in transactions on which sales and use tax was allegedly not collected, and the alleged misapplication of SYG's Florida Annual Resale Certificate No. 16-8014975102-2 to charges of a third-party entity. The letter cites D.E. 94-2 — SHM LMC's own filed exhibit — as corroboration. The referral requests confirmation of receipt, a case number, and status; per the letter, no acknowledgment had been received in the five months since submission.

Whistleblower note: the DR-55 submission is a formal referral to a state revenue authority. Florida law provides a compensation and review process for tax-information referrals, and federal and state law restrict retaliation for lawful reporting to government agencies. This note describes the referral's existence and procedural status only; it is not a legal determination that any violation occurred, and it is not legal advice.

Connected Parties

SHM LMC LLC →
Intervening plaintiff — filer of the verified complaint
Contessa Marine Research →
Named defendant in DE 94; alleged beneficiary of resale-cert invoicing
Akerman LLP →
SHM settlement-negotiation counsel (James Rogers, per correspondence)
Steven Ivankovich →
CMR principal referenced in DE 94
SHM LMC profile
Sources: S.D. Fla. No. 0:23-cv-61696-AHS — D.E. 94 (verified complaint, 6/19/2024) & Ex. 2; D.E. 187 (notice of settlement, 3/7/2025); Order of 9/24/2025 ($119,233.55); Final Judgment for SHM LMC (1/13/2026, re D.E. 266); D.E. 337 (9/15/2026); D.E. 338 (9/18/2026); DR-55 referral correspondence dated 4/14/2026 and 9/30/2026. All figures are quoted from filed documents.

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