4:14-md-02566•In Re: Telexfree Securities Litigation
Full text
United States District Court
District of Massachusetts
In re: Telexfree Securities
Litigation
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MDL Action No.
4:14-md-2566-NMG
MEMORANDUM & ORDER
GORTON, J.
Before the Court is the Motion of defendants Vantage
Payments , LLC , and Dustin Spar man (collectively , " defendants " )
for Attorneys ' Fees and Costs (Docket No . 2296) . Defendants
seek attorneys ' fees from plaintiff Rita Dos Santos (" plaintiff "
or " Dos Santos " ) as well as from her past and present counsel .
Because the Court finds that defendants have not shown the
prerequisite misconduct on the part of plaintiff , the motion
will be denied .
I . Background
Plaintiff ' s claims against the Sparman defendants are part
of the TelexFree Securities multi - district litigation (" the
TelexFree MDL " ) . That MDL arises from a hybrid Ponzi - pyramid
scheme operated by TelexFree , LLC , TelexFree , Inc . and TelexFree
Financial , Inc . (collectively , " TelexFree " ) . The Court
explained plaintiff ' s involvement in the TelexFree MDL in its
Order dated October 30 , 2025 :
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Case 4:14-md-02566-NMG Document 2314 Filed 02/13/26 Page 1 of 7Dos Santos originally brought her claims i n
the District of Arizona (" the Arizona
Action " ) . See Dos Santos v . Telexelectric
LLLP , No . 4 : 15 - md - 13614 - NMG . When her case
was transferred into the TelexFree MDL , Dos
Santos became , and remained , a lead plaintiff
in every consolidated complaint filed in the
MDL . In July , 2023 , Dos Santos moved
voluntarily to dismiss herself as a named
plaintiff in the consolidated class action
complaint , after which plaintiff Anthony
Cellucci became the lead plaintiff of the
putative class . [l Despite Dos Santos being
d i smissed as a named plaintiff in the class
action , the Ari z ona Action remain[ed] pending
Dos Santos ' individual claims allege [d] that
defendants aided and abetted the TelexFree
Ponzi scheme by facilitating credit card
t ransactions that sustained the scheme and
caused injury when the scheme collapsed . She
[brought] statutory claims under M. G. L . c . 93 ,
§§12 and 69 , c . 93A , §§2 and 11 , and c . 110a ,
§410b , as well as common - law claims for unjust
enr i chment , civil conspiracy professional
neg l igenc e , neg li gent misrepresentation ,
fraud and tortious aiding and abetting .
Docket No . 2292 .
The Sparman defendants moved for summary judgment with
respect to Dos Santos ' claims in June , 2025 , and Dos Santos
filed no opposition . The Court allowed the motion in October ,
2025 .
II . Motion for Attorneys' Fees
A. Legal Standard
Defendants bring this motion under Fed . R. Civ . P 54 (d) , which
outlines the procedure by wh i ch parties may request costs and
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Case 4:14-md-02566-NMG Document 2314 Filed 02/13/26 Page 2 of 7attorneys ' fees incurred in connection with their cases . Rule 54(d) (1) creates a presumption of awarding costs in favor of the prevailing party , and Rule 54(d) (2) requires that a claim for attorneys ' fees be made by motion. Under the "American Rule ," attorneys ' fees are not recoverable unless authorized by statute or contract , but courts possess inherent equitable power to award fees against a party that has acted in bad faith , vexatiously , wantonly or for oppressive reasons . Mullane v . Chambers , 333 F . 3d 322 , 337-38 (1st Cir . 2003) . A court may award such fees only insofar as they were incurred as a result of the misconduct . Goodyear Tire & Rubber Co . v . Haeger , 581 U. S . 101 , 103-04 (2017) . Defendants also cite the Private Securities Litigation Reform Act (PSLRA) as a basis for awarding fees pursuant to Fed . R. Civ . P . ll(b) The PSLRA requires that , at the conclusion of an action brought under one of its provisions , the court conduct an independent review under Rule ll(b) . 15 u . s . c . § 78u - 4 (c) (1) . Rule ll(b) provides that , in presenting a pleading or other paper to the court , an attorney certifies that 1) it is not being presented for any improper purpose , 2) the claims are warranted by a nonfrivolous legal argument and 3) the factual contentions have evidentiary support . A motion for sanctions under Rule 11 must be served upon the offending party at least 21 days prior to its filing in court . Fed . R. Ci v . P 11 ( c) ( 2) . -3 - Case 4:14-md-02566-NMG Document 2314 Filed 02/13/26 Page 3 of 7
B . Application i. Costs As the prevailing parties , defendants are entitled to reasonable costs associated with defending this action . Fed . R. Ci v . P . 5 4 ( d) (1) . Defendants are directed therefore to submit to the Court a bill of costs pursuant to 28 U. S . C . §1920 . Plaintiff may then file a Motion to Review Costs Taxed within 10 days of that submission . Caruso v . Delta Air Lines , Inc ., 616 F . Supp . 3d 132 , 135 n . 1 (D . Mass . 2022) . The motion , with respect to costs , is therefore held in abeyance . i. Attorneys' Fees Defendants claim that plaintiffs should pay their attorneys ' fees in this case based upon purported Rule 11 violations . As an initial matter , defendants assert that , because this motion is filed pursuant to Fed . R . Civ . P 53(d) (2) and the PSLRA , they were not required to follow the service requirements of Rule 11 . The Court is skeptical of that proposition but , nevertheless , will consider the arguments as presented . At its core , defendants ' motion contends that an award of attorneys ' fees is appropriate because plaintiff ' s counsel (both past and present) submitted pleadings and proffered arguments which they knew to be false . Namely , defendants argue that (1) plaintiff ' s PSLRA certification (Docket No . 48) and associated - 4 - Case 4:14-md-02566-NMG Document 2314 Filed 02/13/26 Page 4 of 7
briefing was submitted for the improper purpose of securing Attorney Bonsignore ' s status as lead counsel and (2) any evidence supporting Dos Santos ' claims is so obviously absent from the record that her attorneys must have known that her claims were frivolous . The record is not , however , as deficient as defendants suggest . First , defendants point to the Court ' s entry of summary judgment against plaintiff (Docket No . 2292) as support for the argument that her claims were baseless from the outset . A ruling of summary judgment does not , however , automatically render the losing claims so frivolous as to entitle the prevailing party to attorneys ' fees . See Nelson v . Univ . of Maine Sys ., 944 F . Supp . 44 , 51 (D. Me . 1996) . Here , the Court entered summary judgment against plaintiff based largely upon her failure to oppose the motion and without the benefit of an adversarial presentation . Judgment in that context does not establish that any opposition to the motion is frivolous ab initio . Defendants ' contention that plaintiff ' s PSLRA certification was filed for an improper purpose is similarly suspect . In that cert i fication , Dos Santos claims that she invested $350 , 000 in the TelexFree scheme and ultimately became a " net loser ." Defendants assert that an internal TelexFree recordkeeping system does not support that allegation . As plaintiff argues , - 5 - Case 4:14-md-02566-NMG Document 2314 Filed 02/13/26 Page 5 of 7
however , not all transactions within the TelexFree scheme were logged in the same way , and some of plaintiff ' s deposits may have been recorded elsewhere . The record is i n sufficient to establish that the certification and associated briefings were filed in violation of Rule 11 . The motion , with respect to attorneys ' fees , will therefore be denied . III . Material Misrepresentations in Plaintiff's Pleadings While the Court declines to award attorneys ' fees to defendants based upon the theories presented herein , it is nevertheless disconcerted by plaintiff ' s pleadings associated with this motion. It appears that most of the citations proffered by plaintiff are erroneous . Those errors include : 1) misquoting cases that otherwise relate to plaintiff ' s position (e . g ., citations to Jensen v . Phillips Screw Co ., 546 F . 3d 59 (1st Cir . 2008) and CQ Int ' l Co . v . Rochem I nt ' l , Inc ., 659 F . 3d 53 (1st Cir . 2011)) , 2) misquoting cases that exist but are inapposite to the issues at hand (e . g ., citations to Rivera v . Centro Medico de Turabo , 575 F . 3d 10 (1st Cir . 2009) and Gagliardi v. Sullivan , 513 F . 3d 301 (1st Cir . 2008)) and 3) citations to cases that do not exist at all (e . g ., a citation to Raymond v . ~ . 207 F . 3d 1020 (9th Cir . 2000)) . This is only a small sample of such errors presented in plaintiff ' s pleadings . Furthermore , this is not the first time that Attorney Passaternpo has misrepresented the law to this Court , and such - 6- Case 4:14-md-02566-NMG Document 2314 Filed 02/13/26 Page 6 of 7
"
misrepresentations bear the clear hallmark of artificial
intelligence hallucinations . 1 Wadsworth v . Walmart Inc ., 348
F . R. D. 489 , 493 (D . Wyo . 2025) (" A hallucination occurs when an
AI database generates fake sources of information ." ) .
Plaintiff ' s counsel should be prepared to address these
misrepresentations at the status conference scheduled for
February 19 , 2026 , and to show cause why the Court should not
impose sanct ions and/or refer the matter to the Massachusetts
Board of Bar Overseers .
ORDER
For the forgoing reasons, the Motion for Attorneys ' Fees
and Costs (Docket No . 2296) is , with respect to costs , held in
abeyance , but with respect to attorneys ' fees , DENIED.
So ordered.
Nathaniel M. Gorton
Senior United States District Judge
Dated : February /:] , 2026
1 See Docket Nos. 2305 and 2306 , in which plaintiff was suspected of
supplying , and later attempting to correct , nonexistent caselaw in its
pleadings .
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