A rock star is asking a Richmond court to throw out the case brought against him by the former financial manager who defrauded him.
Attorneys representing Boyd Tinsley, a member of the Dave Matthews Band, filed a demurrer March 30 in Richmond Circuit Court asking that a suit against him by former finance manager Andy Rothenberg be dismissed with prejudice.
The filing claims that Rothenberg’s suit fails to state a cause of action or facts to support his claims.
The complaint was filed by Rothenberg in March. Rothenberg sued Tinsley on the grounds that his former client caused him to lose out on business with entertainers and professional athletes such as Andy Roddick.
Rothenberg, who was representing himself at the time, claimed that Tinsley undermined his business because he knew of distasteful aspects of Tinsley’s personal and sexual life that Tinsley didn’t want revealed.
Tinsley’s lawyers successfully filed a motion to strike the salacious claims about their client from the record. Of the 36 numbered paragraphs in Rothenberg’s original complaint, 10 were deleted entirely and 10 more were partially struck from the record.
Tinsley’s recent filing addresses Rothenberg’s redacted complaint, which alleges two counts: tortious interference with economic expectancy and tortious interference with contract.
The demurrer argues that Rothenberg’s complaint fails to prove the existence of a valid and enforceable contract with Roddick or any other prospective clients.
The filing also claims that neither Rothenberg nor Tinsley were in a competitive relationship and that Rothenberg’s complaint doesn’t show how his business would have prospered if Tinsley had not allegedly interfered. Finally, Tinsley’s lawyers argue that Rothenberg’s suit does not show how Tinsley’s alleged improper acts led to the hindrance of Rothenberg’s business as a financial manager.
In 2013, Rothenberg was convicted of one count of felony wire fraud for taking millions of dollars from Tinsley’s bank accounts while acting as the musician’s financial manager.
Rothenberg eventually pleaded guilty and was ordered to pay $1.25 million in restitution and serve time in the Federal Correctional Institution in Petersburg. He is currently serving the rest of his sentence from home confinement.
Reached by phone on Thursday, Rothenberg said he now has an attorney representing him but wouldn’t say who.
“I acknowledge and own up and am very sorry for the mistake I made in committing wire fraud,” Rothenberg said. “This is something completely different.
“This is another attempt by Tinsley to avoid answering for and covering up his destructive behavior.”
Tinsley is being represented by Michael Mueller, Henry Willett and Harrison Gates of Christian & Barton, according to court filings. None could be reached for comment. A representative for Tinsley said he would not comment on the filing.
A rock star is asking a Richmond court to throw out the case brought against him by the former financial manager who defrauded him.
Attorneys representing Boyd Tinsley, a member of the Dave Matthews Band, filed a demurrer March 30 in Richmond Circuit Court asking that a suit against him by former finance manager Andy Rothenberg be dismissed with prejudice.
The filing claims that Rothenberg’s suit fails to state a cause of action or facts to support his claims.
The complaint was filed by Rothenberg in March. Rothenberg sued Tinsley on the grounds that his former client caused him to lose out on business with entertainers and professional athletes such as Andy Roddick.
Rothenberg, who was representing himself at the time, claimed that Tinsley undermined his business because he knew of distasteful aspects of Tinsley’s personal and sexual life that Tinsley didn’t want revealed.
Tinsley’s lawyers successfully filed a motion to strike the salacious claims about their client from the record. Of the 36 numbered paragraphs in Rothenberg’s original complaint, 10 were deleted entirely and 10 more were partially struck from the record.
Tinsley’s recent filing addresses Rothenberg’s redacted complaint, which alleges two counts: tortious interference with economic expectancy and tortious interference with contract.
The demurrer argues that Rothenberg’s complaint fails to prove the existence of a valid and enforceable contract with Roddick or any other prospective clients.
The filing also claims that neither Rothenberg nor Tinsley were in a competitive relationship and that Rothenberg’s complaint doesn’t show how his business would have prospered if Tinsley had not allegedly interfered. Finally, Tinsley’s lawyers argue that Rothenberg’s suit does not show how Tinsley’s alleged improper acts led to the hindrance of Rothenberg’s business as a financial manager.
In 2013, Rothenberg was convicted of one count of felony wire fraud for taking millions of dollars from Tinsley’s bank accounts while acting as the musician’s financial manager.
Rothenberg eventually pleaded guilty and was ordered to pay $1.25 million in restitution and serve time in the Federal Correctional Institution in Petersburg. He is currently serving the rest of his sentence from home confinement.
Reached by phone on Thursday, Rothenberg said he now has an attorney representing him but wouldn’t say who.
“I acknowledge and own up and am very sorry for the mistake I made in committing wire fraud,” Rothenberg said. “This is something completely different.
“This is another attempt by Tinsley to avoid answering for and covering up his destructive behavior.”
Tinsley is being represented by Michael Mueller, Henry Willett and Harrison Gates of Christian & Barton, according to court filings. None could be reached for comment. A representative for Tinsley said he would not comment on the filing.