Full opinion text
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFFS’ MOTION TO STRIKE DEFENDANTS’ JURY DEMAND McMAHON, District Judge: INTRODUCTION This case arises out of a series of international shipping frauds worthy of a bestselling adventure novel. The victims of those frauds are plaintiffs A.P. Moller-Maersk A/S, a Danish conglomerate, and its New Jersey-based affiliate, Maersk, Inc. (together, “Plaintiffs” or “Maersk”). Maersk, one of the world’s largest ocean shipping outfits, brought this action in 2005 against multiple corporate and individual defendants, alleging that they had conspired to defraud Maersk in connection with three separate international cargo shipments. Three motions are now pending before the Court. The first two are cross-motions for summary judgment, one filed by Maersk, the other by the three remaining defendants: Joginder Singh Sahni (“Joginder”), Dawood Tajuddin Parker (“Parker”) and Help Line Collection Co. W.L.L. (“Help Line”) (collectively, the “Remaining Defendants”). Also pending before the Court is Maersk’s separate motion to strike the Remaining Defendants’ demand for a jury trial. For the reasons stated below, Maersk’s summary judgment motion is granted in part and denied in part; the Remaining Defendants’ summary judgment motion is denied; and Maersk’s motion to strike the Remaining Defendants’ jury demand is denied. For purposes of this opinion, the Court presumes familiarity with its March 27, 2008 Decision and Order in this case, in which the Court resolved various defendants’ motions to dismiss. Maersk, Inc. v. Neewra, Inc., 554 F.Supp.2d 424 (S.D.N.Y.2008) (McMahon, J.) (the “March 27, 2008 Opinion”). The reader will find it particularly helpful to refer to the March 27, 2008 Opinion for its discussion of the underlying factual allegations, for information about the named defendants no longer in the action, and for litigation history prior to March 27, 2008. Id. at 429-39. BACKGROUND I. Litigation History Since the March 27, 2008 Opinion A. Default Judgments In the March 27, 2008 Opinion, the Court dismissed the Amended Verified Complaint (“AVC”) as against defendants Sardar Traders Est. and Sardar International Trading Co. (together, “Sardar”) for lack of personal jurisdiction, and denied the other motions to dismiss. Maersk, 554 F.Supp.2d at 467, Since then, default judgments have been entered against defendants Neewra, Inc. (“Neewra”), Rednihom, Inc. (“Rednihom”), Aref Hassan Abul Inc. (“Aref’), Arween Singh Sahni (“Arween”) and Sabharwal Chandra Kumar (“Kumar”) (collectively, the “Defaulting Defendants”). On May 26, 2006. Judge Casey issued an Order for Entry of Default Judgment against defendants Neewra, Rednihom and Aref, and referred the case to Magistrate Judge Eaton to conduct an inquest into damages. (Docket No. 51.) Magistrate Eaton issued a Report and Recommendation concluding that the Court should award Maersk $14,413,687.99 plus interest, jointly and severally against Neewra, Rednihom and Aref. (Docket No. 157.) The Court modified Magistrate Eaton’s Report and Recommendation, finding that Maersk was entitled to an additional $5,580,000 in damages, and adopted the Report as amended. (Docket No. 165.) On May 20, 2008, judgment was accordingly entered for Maersk jointly and severally against Neewra, Rednihom and Aref in the amount of $19,993,687.99, plus costs of $250 and interest at 9% per annum beginning December 31, 2005. (Docket No. 167.) On March 30, 2009, judgment was entered in favor of Maersk jointly and severally against additional defaulting defendants Arween and Kumar for the same amount. (Docket No. 183.) Maersk has not pursued its claims against defendant A1 Tamasok Al Arabi Est. (“AI Tamasok”). (Pis.’ Mem, in Supp. of Mot. for Summ. J., Mar. 31, 2009 (“Pis.’ Mem.”), at 1-2.) Maersk did not timely serve defendant Mandeep Singh Sahni (“Mandeep”). (Id. at 2.) Finally, Maersk has settled with defendant Mohinder Singh Sahni (“Mohinder”). (Docket No. 189.) Thus, the only remaining defendants are Joginder, Parker and Help Line. On April 11, 2008, these three Remaining Defendants answered the AVC. (Docket Nos. 158-60.) On April 15, 2008, less than ten days after serving their answers, each of the three Remaining Defendants timely filed a demand for trial by jury. (Docket Nos. 161-63.) B. Discovery The Remaining Defendants refused to participate meaningfully in discovery, and Magistrate Eaton sanctioned them accordingly. Joginder, Parker and Help Line are prohibited from using their own affidavits or testimony in opposition to Maersk’s claims, and are almost entirely precluded from introducing documentary evidence to oppose any summary judgment motion or at trial. The Remaining Defendants sought to have their depositions taken in Kuwait, where they reside. (Mem. & Order, Sept. 17, 2008 (Docket No. 174), at 1-2.) Plaintiffs’ counsel, citing security concerns, argued that the Remaining Defendants’ depositions should take place in New York. (Id. at 2.) Magistrate Eaton held a telephonic oral argument, and ruled that the Remaining Defendants must travel to New York for their depositions. (Id. at 2-3.) Magistrate Eaton entertained the Remaining Defendants’ letter motion for reconsideration (id. at 6), but adhered to his decision that the Remaining Defendants would be deposed in New York. (Order, Sept. 17, 2008 (Docket No. 175), at 1-2.) Magistrate Eaton ordered that the Remaining Defendants’ depositions “should be scheduled to follow closely” upon the deposition of Maersk witnesses Elvis Pinto (“Pinto”) and/or Bimal Kanal (“Kanal”). (Mem. & Order, Sept. 23, 2008 (Docket No. 176), at 2.) Maersk arranged for Pinto and Kanal to travel from Kuwait and China to New York, where they were deposed on October 29 and November 13, 2008. (Mem. & Order, Mar. 6, 2009 (Docket No. 178), ¶ 6.) On October 30, 2008, Maersk served counsel for the Remaining Defendants with notices to depose his three clients in New York in quick succession beginning November 24, 2008. (Id. ¶ 7.) “The October 30 deposition notices clearly complied with [Magistrate Eaton’s] September 23 order. These three [Remaining Defendants] were clearly required to appear in New York City for their depositions starting on November 24.” (7</.¶ 12.) Joginder, Parker and Help Line refused to appear for their court-ordered depositions; they never even made any travel arrangements for those depositions. (Id.) Magistrate Eaton concluded that Joginder, Parker and Help Line had “violated [his] orders with no good excuse.” (Id. ¶ 13.) Magistrate Eaton imposed the following sanctions pursuant to Federal Rule of Civil Procedure 37(2)(A)(ii): “I prohibit the defendants from introducing any affidavit or testimony of [Joginder], [Parker], or any employee of [Help Line] in connection with any motion for summary judgment or any trial in this lawsuit.” (Id.) The Remaining Defendants not only refused to appear for their depositions, but also failed to produce certain documents requested by Maersk during discovery. (See id. ¶¶ 16-19.) As a result, Magistrate Eaton imposed further sanctions against the Remaining Defendants pursuant to Rule 37(2)(A)(ii): I prohibit [Joginder, Parker and Help Line] from introducing any document into evidence in connection with any motion for summary judgment or any trial in this lawsuit if plaintiffs requested that document and (a) on or before February 20, 2009, [Joginder, Parker or Help Line] asserted that the document was irrelevant, or (b) on or before February 20, 2009, [Joginder, Parker or Help Line] asserted that the document was not in his [or its] possession or control (unless he [or it] proves to Judge McMahon that he [or it] did not have possession or control of the document until after February 20, 2009, and that he [or it] promptly provided a copy to plaintiffs). (Id.) Magistrate Eaton also specifically “prohibited] [Parker] from introducing any document into evidence to explain what he did with the $1.86 million [that was released to Parker by a Kuwaiti court in connection with the Neewra claim, see infra Background II.B.2], except for any document that he supplied to plaintiffs on or before February 20, 2009.” (Id. ¶ 18.) Counsel for the Remaining Defendants submits a reply declaration asserting that his clients did meaningfully participate in discovery. (Reply Decl. of Harry H. Wise, III, Apr. 20, 2009 (“Wise Reply Decl.”), ¶ 2.) Annexed to the Declaration are documents produced by the Remaining Defendants that total about 200 pages. The Court does not look favorably upon the Remaining Defendants’ submission: it accompanies the very last of the six briefs filed in connection with the cross-motions for summary judgment, thereby denying Maersk the ability to respond (and Maersk expressly raised the issue of the Remaining Defendants’ deficient document production in the first of those six briefs (Pis.’ Mem. at 2-3)). Mr. Wise’s Declaration correctly anticipates that, in accordance with the sanctions imposed by Magistrate Eaton, the Court will not consider the documents as substantive evidence. (See Wise Reply Decl. ¶ 3.) Instead, the Remaining Defendants purport to submit the documents solely to demonstrate their participation in discovery. (Id.) But the Remaining Defendants’ production of a limited set of self-selected documents hardly changes the fact that they refused to appear for court-ordered depositions, and that their failure to respond to Maersk’s document requests was sufficiently egregious to warrant the imposition of sanctions. It certainly does not prove that the Remaining Defendants' — -who willfully violated Court orders — participated meaningfully in discovery. C. Claims Against the Remaining Defendants The AVC asserts seven causes of action against different combinations of defendants (AVC ¶¶ 27-142). The claims against the Remaining Defendants are as follows: Count III, arising out of the Neewra shipment, alleges fraud against Joginder and Parker. (Id. ¶¶ 63-114.) Count IV, also arising out of the Neewra shipment, alleges breach of contract — the Maersk bill of lading for that shipment— against Joginder. (Id. ¶¶ 115-17.) Count V, arising out of the Rednihom shipment, alleges fraud against Joginder and Help Line. (Id. ¶¶ 118-26.) Count VI asserts a civil RICO claim against all three Remaining Defendants. (Id. ¶¶ 127-35.) Count VII, based on the entirety of the conduct alleged in the AVC. asserts claims against Joginder and Help Line for common-law conspiracy to commit fraud. (Id. ¶¶ 136-42.) Maersk seeks judgment jointly and severally against Joginder, Parker and Help Line in the same amount — $19,993,687.99 plus costs and interest — as was previously entered against the Defaulting Defendants. (Pis.’ Mem. at 11.) D. The Summary Judgment Motions Maersk moves for summary judgment on all claims against the Remaining Defendants. The gist of Maersk’s motion is straightforward: the factual record developed to date makes it clear that the Remaining Defendants participated in the fraudulent schemes at issue; and, as a result of the discovery sanctions imposed by Magistrate Eaton, the Remaining Defendants are not in a position to contest the allegations against them, making trial unnecessary and summary judgment appropriate. (See Pis.’ Mem. at 1, 4.) The Remaining Defendants, having brazenly refused to appear for their court-ordered depositions, and having failed to respond to certain of Maersk’s document requests, now assert that they are entitled to summary judgment on the ground that Maersk has not mustered sufficient evidence linking them to the frauds. (Defs.’ Mem. in Supp. of Mot. for Summ. J., Apr. 1, 2009 (“Defs.’ Mem.”), at 6.) It is difficult to view the Remaining Defendants’ motion as anything other than an attempt to use their wrongful refusal to participate in discovery as a sword against Maersk. The Court does not countenance such tactics. In any event, even viewed most charitably, the Remaining Defendants’ motion is meritless. In support of their motion, the Remaining Defendants submit a Rule 56.1 Statement that contains a single, purportedly undisputed — and wholly unsupported — “fact”: “There is no competent relevant evidence in this case tending to prove that [Joginder, Parker or Help Line] participated in any conspiracy to defraud plaintiffs.” (Defs.’ Rule 56.1 Stmt., Mar. 30, 2009 (“Defs.’ 56.1 Stmt.”).) Not only does the Remaining Defendants’ Rule 56.1 Statement fail to comply with Local Civil Rule 56.1, but the record contains ample evidence tending to prove the Remaining Defendants’ involvement in the frauds. The meritlessness of the Remaining Defendants’ motion makes the Court’s task easier, as it need not juggle opposing standards of review in resolving these cross-motions for summary judgment. Instead — as will become readily apparent as the Court sets forth the factual record below — the question with respect to each of the remaining claims is whether, viewing the evidence in the light most favorable to the nonmovant Remaining Defendants, Maersk is entitled to summary judgment, or whether a genuine issue of material fact exists that necessitates a trial. II. Factual Record The basis for this lawsuit is a series of frauds and attempted frauds that were allegedly perpetrated against Maersk in connection with three separate international cargo shipments, referred to as the “Tires Fraud,” the “Neewra Fraud” and the “Rednihom Fraud.” All three ship-merits were subject to Maersk’s standard bill of lading. (Pis.’ Rule 56.1 Stmt., Mar. 31, 2009 (“Pis.’ 56.1 Stmt.”), ¶ 7.) The undisputed facts for these cross-motions for summary judgment are taken from the parties’ Rule 56.1 statements, the stipulated facts in the Joint Pretrial Order, and certain affidavits and deposition testimony. Paragraphs in Maersk’s Rule 56.1 Statement that are not “specifically controverted by a correspondingly numbered paragraph” in the Remaining Defendants’ Rule 56.1 Counterstatement are deemed admitted for purposes of Maersk’s summary judgment motion. Local Civ. R. 56.1(c) (emphasis in original). A. Tires Fraud The Tires Fraud involved multiple shipments of used tires from the United States to India. (Pis.’ 56.1 Stmt. ¶ 3.) The shippers, who collected a fee for disposing of the tires, knew there was no consignee in India to which Maersk would be able to deliver the tires. (Id.) Counts I and II of the AVC allege fraud and breach of contract based on the Tires Fraud against defendants other than the Remaining Defendants. (AVC ¶¶ 27-62.) The AVC does not contain any specific allegation that Joginder, Parker or Help Line played a role in the Tires Fraud. Nor do Maersk’s summary judgment papers argue that the Remaining Defendants participated in the Tires Fraud. To the extent Maersk implicitly suggests that the Tires Fraud nonetheless supports its conspiracy and/or RICO claims against the Remaining Defendants because the Remaining Defendants were connected to the defendants who allegedly orchestrated the Tires Fraud, the suggestion is far too tenuous to provide a basis for summary judgment. Thus, the Court, like the parties, focuses on the Neewra and Rednihom shipments. B. Neewra Fraud The Neewra shipment was carried by Maersk from the United States to Kuwait on behalf of shipper Neewra, one of the Defaulting Defendants. (Pis.’ 56.1 Stmt. ¶ 4.) “Neewra” spelled backwards is “Ar-ween” — the name of the Defaulting Defendant who allegedly founded Neewra and helped orchestrate the Neewra Fraud (see AVC ¶¶ 64-71). The bill of lading for the shipment described the cargo as “20 crates [of] electrical spare parts.” (Stmt, of Elvis Pinto, Jan. 18, 2005 (“Pinto Stmt.”), ¶ 3 & Ex. 1 (original bill of lading for Neewra shipment).) The consignee named in the bill of lading was A1 Tamasok, another Defaulting Defendant. (Pis.’ 56.1 Stmt. ¶ 20.) A1 Tamasok procured the release of the cargo in Kuwait by presenting Maersk with a forged bill of lading. (Id. ¶ 21.) The cargo disappeared, and Neewra filed multiple claims against Maersk for misdelivery, asserting that the lost crates actually contained $1.86 million worth of computer hard drives. (See id. ¶4.) One such claim, filed in Kuwaiti court, resulted in the arrest in Kuwait of a Maersk container ship. (Id.) To secure the vessel’s release, Maersk posted security of $1.86 million with the Kuwaiti court. The court ultimately transferred the security deposit to Remaining Defendant Parker. (See id.) 1. Forged Bill of Lading It is undisputed that Al Tamasok secured the release of the Neewra cargo after it arrived in Kuwait by presenting Maersk with a fraudulent bill of lading. (Id. ¶ 21; Defs.’ Rule 56.1 Stmt, in Opp. to Pis.’ Mot. for Summ. J., Apr. 14, 2009 (“Defs.’ 56.1 Cntrstmt.”), ¶ 21.) Maersk asserts — and the Remaining Defendants deny, albeit without evidence to back their denial — that Joginder was heavily involved in the forgery and presentation of the fraudulent bill of lading. Ordinarily, in order to take possession of a shipment, the consignee must present the original bill of lading. (Deck of Soren Hansen in Opp. to Mot. to Vacate Attachment, June 6, 2006 (“Hansen Deck”), ¶ 6.) Several weeks before the Neewra shipment arrived in Kuwait (which was on or about April 10, 1999 (Pinto Stmt. ¶ 4)), a man tried to obtain a blank Maersk bill of lading by offering a bribe to Pinto, a manager in Maersk’s Kuwait office. Pinto was repeatedly contacted by an Indian man named Sunil Waswani (“Waswani”), who said he had a business proposal for Pinto. (Deck of Harry H. Wise. Ill in Supp. of Defs.’ Mot. for Summ. J, Mar. 30, 2009 (“Wise Deck”), Ex. B (Dep. of Elvis Pinto, Oct. 29, 2008 (“Pinto Dep.”)), at 40:24-41:25.) Pinto finally agreed to meet with Waswani. and Waswani gave him an address, which turned out to be the office of the Blue Bird Company (“Blue Bird”). (Id. at 46:6-14; Pinto Stmt. ¶ 29.) Blue Bird was owned, operated or controlled by Remaining Defendant Joginder Singh Sahni. (Pis.’ 56.1 Stmt. ¶ 15.) A few minutes after Pinto arrived at Blue Bird’s office, a man walked in and introduced himself as “Singh.” (Wise Deck Ex. B (Pinto Dep.), at 47:12-48:2.) “Singh” proceeded to offer Pinto about $60,000 for blank Maersk bills of lading. (Id. at 49:21-51:2, 53:25-52:4.) Pinto refused the offer. (Pinto Stmt. ¶ 30.) Shortly after the self-identified “Singh” attempted to bribe Pinto, and less than two weeks before the Neewra shipment arrived in Kuwait, Defaulting Defendant Kumar contacted Maersk on behalf of Al Tamasok and asked if Maersk would release the Neewra cargo against a personal guarantee. (Id. ¶ 5.) A few days later, two Al Tamasok representatives — Kumar and a Dr. Adel Baron — visited Maersk’s Kuwait office and inquired as to whether Maersk would release the Neewra cargo upon presentation of a copy of the bill of lading. (See id. ¶ 7.) On both occasions, Maersk informed Al Tamasok that it would not release the Neewra containers to Al Tamasok without the original bill of lading, (See id. ¶¶ 5-9.) Eventually, Al Tamasok succeeded in forging a bill of lading, presenting it to Maersk and securing the release of the Neewra shipment. (See Pis.’ 56.1 Stmt. ¶ 21.) In its Rule 56.1 Statement, Maersk cites the Pinto Statement and the Declaration of Paolo Ghirardani, the London attorney Maersk hired to investigate the Neewra Fraud (Deck of Paolo Ghirardani in Opp. to Mot. to Vacate Attachment, June 8, 2006 (“Ghirardani Deck”), ¶¶ 1, 3, 8), as evidence that Al Tamasok’s representatives accomplished this by (1) persuading a Maersk employee, Celine Mascarenhas (“Mascarenhas”), to hand over a blank bill of lading (id. at 11 n. 1; Pinto Stmt. ¶ 33); (2) hiring a website designer to forge the bill of lading (Ghirardani Deck ¶ 44(m)); and (3) presenting the fraudulent bill of lading to Maersk’s fi~ nance/accounts department, when Pinto was out of the office (Pinto Stmt. ¶¶ 22-23.) However, these portions of the Pinto Statement and Ghirardani Declaration are hearsay, based on statements made to Pinto and/or Ghirardani by Mascarenhas, by the claims investigator who interviewed the website designer, or by employees in Maersk’s finance/accounts department. The Court cannot consider such inadmissible evidence on a summary judgment motion. See Local Civ. R. 56.1(d). 2. Claim in Kuwaiti Court After the Neewra cargo was released, it disappeared. (Hansen Decl. ¶ 17.) When Maersk employees visited Al Tamasok’s listed address in Kuwait, it was deserted, (Id.) Neewra then filed successive claims for misdelivery against Maersk in New York, New Jersey and Kuwait, asserting that the lost crates actually contained computer hard drives worth $1.86 million. (See Pis.’ 56.1 Stmt. ¶4; AVC ¶¶ 100-01.) It is undisputed that in 2004, roughly five years after Neewra’s supposed loss, Remaining Defendant Parker filed a claim in Kuwaiti court on Neewra’s behalf. (Pis. 56.1 Stmt. ¶ 17; Joint Pretrial Order, Mar. 31, 2009 (“JPTO”), at 4 ¶ 9.) Parker’s corporate sponsor in Kuwait was Blue Bird— the company owned, operated or controlled by Joginder. (Pis.’ 56.1 Stmt. ¶¶ 14-15.) The Neewra claimants prevailed in the Kuwaiti courts. (AYC ¶ 113; Dep. of Bimal Kanal, Nov. 13, 2008 (“Kanal Dep.”), at 27:11-20.) Although Maersk won at the trial level, the Neewra claimants succeeded in obtaining a judgment against Maersk for $1.86 million — the ostensible value of the missing cargo — in the appellate courts. (Ghirardani Decl. ¶ 65.) The ruling against Maersk resulted in the arrest of one of Maersk’s ships, the M/V Alva Maersk. (Pis.’ 56.1 Stmt. ¶ 4.) Maersk posted security of $1.86 million with the Kuwaiti court, and the vessel was released. (JPTO at 5 ¶ 12; Ghirardani Decl. ¶ 63.) Ultimately, the Kuwaiti court transferred the $1.86 million to Parker. (Pis.’ 56.1 Stmt. ¶ 4.) In his Answer, Parker “denie[d] that he received any of the funds recovered by Neewra and denie[d] that he profited in any manner from Neewra’s suit[].” (Docket No. 160 at 2.) However, during discovery, Parker produced a bank statement showing that he received roughly $1.86 million in his Kuwaiti bank account on May 9, 2005. (Kahn Affn in Supp. of Pis.’ Mot. for Summ. J., Mar. 31, 2009 (“Kahn Affn”), Ex. 1.) The statement shows that, over the next ten days, Parker transferred the bulk of the money (about $1.6 million) to a bank account identified only by number; that a cashier’s order was issued for roughly $186,000; and that Parker transferred the small remainder of the funds to a second bank account also identified only by number. (See id.) The Remaining Defendants have revised their characterization of Parker’s involvement with the $1.86 million to read: “[Parker] did little more than hire the attorneys for Neewra and then collect and distribute the funds, [but] did not profit in any way from the case.” (Defs.’ Reply Mem. in Supp. of Mot. for Summ. J., Apr. 20, 2009 (“Defs.’ Reply”), at 3.) Obviously, Parker was precluded from submitting any testimony to support that conclusory assertion, so it cannot be considered. 3. April 2004 Meeting In early 2004, Maersk retained London solicitor Paolo Ghirardani and directed him to go to Kuwait to investigate the Neewra Fraud. (Pis.’ 56.1 Stmt. ¶ 23; Ghirardani Decl. ¶ 9.) On his first visit to Kuwait in April 2004, Ghirardani sought a meeting with the “decision maker” on Neewra’s side, and asked Bimal Kanal. Maersk Kuwait’s managing director at the time, if he could organize such a meeting. (Ghirardani Decl. ¶¶ 118-19; Dep. of Paolo Ghirardani, Apr. 26, 2006 (“Ghirardani Dep.”), at 44:15-21, 47:16-48:5.) Kanal could not, but he took Ghirardani to see Maersk’s local partner, Adel Behbehani (“Behbehani”), because Behbehani had an employee, Vijay Kapoor (“Kapoor”), who was close to the Singh Sahni family. (Decl. of Bimal Kanal, June 7, 2006 (“Kanal Decl.”), ¶¶ 11-12.) Ghirardani explained to Kapoor that he wanted to meet the “decision maker” on the claimant’s side. (Ghirardani Decl. ¶ 123; Kanal Decl. ¶¶ 12-13.) Later that day, Kapoor informed Ghirardani and Kanal that he had arranged a- meeting (the “April 2004 Meeting”) with a man identified as “Joginder Singh Sahni” or “Mr. Joginder.” (JPTO at 4-5H 11; Pis.’ 56.1 Stmt. ¶ 24; Kanal Decl. ¶ 14.) The April 2004 Meeting took place at a coffee shop in the lobby of the JW Marriott Hotel in Kuwait, (JPTO at 4-5 ¶ 11.) Present at the April 2004 Meeting were: (1) Ghirardani; (2) Kanal; (3) Kapoor; and (4) the man who was introduced as “Joginder Singh Sahni” or “Mr. Joginder.” (Id.) At the Meeting, which lasted about twenty to thirty minutes, the details of the Neewra claim were discussed. (Pis.’ 56.1 Stmt. ¶¶ 26-28.) The man identified as “Mr. Joginder” had knowledge of the dispute and knew the parties involved. (Id. ¶ 28.) Ghirardani encouraged “Mr. Joginder” to drop the lawsuit because Maersk had strong evidence that the claim was fraudulent. (JPTO at 5 ¶ 13.) “Mr. Joginder” refused to drop the suit and instead offered to settle the matter if Maersk paid the full $1.86 million (he offered to waive interest “as a commercial gesture”). (Id.; Pis.’ 56.1 Stmt. ¶ 27.) Needless to say, those terms were unacceptable to Maersk, and the parties did not settle the dispute. (JPTO at 5 ¶ 14.) Remaining Defendant Joginder has always claimed that it was indeed he who attended the April 2004 Meeting. (Decl. of Joginder Singh Sahni, June 11, 2006 (“Joginder Decl.”); Defs.’ Mem. at 9.) At that Meeting, the man identified as “Joginder Singh Sahni” never claimed to be anyone else. (AVC ¶ 109; Joginder Ans., Apr. 11, 2008 (Docket No. 158) (“Joginder Ans.”), at 3.) However, after Ghirardani witnessed the deposition of Mohinder — Joginder’s brother — in Kuwait in December 2005, Ghirardani had “absolutely no doubt” that it was Mohinder, not Joginder, who had attended the April 2004 Meeting. (Ghirardani Decl. ¶¶ 143-46.) And, in the AVC, Maersk alleges that the “person who attended the [April 2004] meeting was not [Joginder] but instead was [Mohinder].” (AVC ¶ 112.) Maersk asserts that, at the end of the April 2004 Meeting, “Mr. Joginder” handed Ghirardani a Help Line business card. (Pis.’ 56.1 Stmt. ¶ 12.) In his Answer, Joginder admitted the allegations in paragraph 111 of the AVC, which avers: “At the close of the [April 2004] meeting, the person identified as [“Mr. Joginder”] gave to Mr. Ghirardani a business card for [Help Line] which was almost entirely in Arabic. Mr. Ghirardani asked for and noted the individual’s mobile (cell) phone number on the reverse of the business card.” (Joginder Ans. at 3.) The Remaining Defendants now dispute Maersk’s assertion, pointing to a discrepancy in Maersk’s evidence. (Defs.’ 56.1 Cntrstmt. ¶ 12.) A copy of the card that Maersk claims “Mr. Joginder” gave Ghirardani at the close of the April 2004 Meeting is attached to the Ghirardani Declaration. (Ghirardani Decl. ¶ 131.) The word “Mobile” and the number “9292834” are handwritten on the back of the card; all of the words on the front of the card are in Arabic, except for “Help Line Collection Co. W.L.L.” (Id. Ex. 64.) What appears to be the exact same card is also attached to the Pinto Statement. (Pinto Stmt. Ex. 44.) However, Pinto states that the card was given to Maersk more than four years before the April 2004 Meeting by an Egyptian lawyer visiting Maersk’s Kuwait office in connection with the Rednihom shipment. (Id. ¶ 68.) Ghirardani, who assisted in the preparation of Pinto’s Statement, testified that this is simply a mistake — that the wrong card was attached to the Pinto Statement, and that Ghirardani did, in fact, receive the Help Line business card at the April 2004 Meeting. (Ghirardani Dep. at 55:7-56:6.) C. Rednihom Fraud The Rednihom Fraud involved another shipment to Kuwait. (Pis. 56.1 Stmt. ¶ 6.) The shipper was Rednihom — ’“Mohinder” spelled backwards. On August 20, 1999, just a few months after the Neewra shipment, the Rednihom shipment arrived in Kuwait, also from New Jersey. (Pinto Stmt. ¶ 35.) The bill of lading described the cargo as twenty crates of “PC Parts.” (Id. Ex. 19 (bill of lading for Rednihom shipment).) The named consignee for the shipment was “Arab Gulf Trading.” (Id.) For more than three months after its arrival, no one came forward to collect the cargo. (Id. ¶ 46.) During that time, Maersk discovered that the Kuwait address listed for Arab Gulf Trading was an empty office with no phone connection; that the freight forwarder for the Rednihom shipment was the same as for the Neewra shipment; that the registered addresses for Neewra and Rednihom on the bills of lading were within a couple blocks of each other in Queens, New York; and that Neewra and Rednihom shared the same fax number. (Id. ¶¶ 37-38, 44.) Suspicious, Maersk alerted Kuwaiti Customs, which unsealed the crates and found that they contained miscellaneous junk, including spare auto parts, but no PC parts. (Id. ¶¶ 45, 48.) At this point, Help Line — a Kuwaiti entity in the business of debt collection, not freight forwarding — attempted to divert the fraudulent Rednihom shipment to Dubai. (Pis.’ 56.1 Stmt. ¶¶ 10, 19.) This was an attempt, Maersk alleges, to find a way to assert another false claim against Maersk. (AVC ¶ 123.) On January 12, 2000, Maersk Kuwait received a copy of a letter from Rednihom to Help Line, authorizing Help Line to act on Rednihom’s behalf in arranging for reshipment of the cargo to Dubai. (Pinto Stmt. ¶ 51 & Ex. 32.) The next day, two Help Line representatives visited Maersk Kuwait for purposes of setting up the redirection. (Id. ¶ 51.) Pinto and Hansen informed them that the cargo could not be released to Help Line (and that the reshipment to Dubai could not occur) without payment of all outstanding charges, presentation of the original bill of lading, and completion of all formalities required by Kuwaiti Customs and port authorities, which were by then in possession of the abandoned cargo. (Id. ¶ 52.) Shortly thereafter, another Help Line representative visited Maersk Kuwait and offered to pay the outstanding charges. Maersk informed Help Line that it would not release the cargo without confirmation that the original bill of lading had been surrendered. (Id. ¶ 56.) The next day, Mohinder faxed a letter to Maersk asking it to accept the payment tendered by Help Line. (Id. ¶ 58 & Ex. 40.) Help Line itself also complained that Maersk was unnecessarily delaying the release of the Rednihom containers. (Id. ¶ 59 & Ex. 41 (fax from Help Line to Maersk dated January 22, 2000).) On January 23, 2000, Pinto and Hansen again met with Help Line representatives, and again informed them that the cargo could not be exported to Dubai unless Help Line produced original documents required by Kuwaiti Customs. (Id. ¶¶ 60-61.) During this time, Mohinder continued to pressure Maersk to release the Rednihom cargo, notwithstanding that Help Line had presented neither the original bill of lading nor the documents required by the Kuwaiti authorities. (See id. ¶¶ 75, 83, 85.) Mo-hinder even “demand[ed]” that Maersk divert the shipment in a January 27, 2000 fax from Rednihom to Maersk. (Id. ¶ 80 & Ex. 53.) Hansen informed Mohinder that despite the frequent visits from Help Line representatives, they had failed to submit all of the documents necessary to divert the cargo. (Hansen Decl. ¶¶ 34-37; Pinto Stmt. ¶ 84,) After further wrangling over what documents needed to be produced, on March 10, 2009. Rednihom gave up, claiming it had lost its consignee in Dubai. (Pinto Stmt. ¶ 92.) The abandoned Rednihom cargo was eventually impounded by Kuwaiti Customs. (Id. ¶ 95.) Maersk asserts, and the Remaining Defendants deny, that Remaining Defendant Parker visited Maersk’s Kuwait office in connection with the Rednihom Fraud. (See Pis.’ 56.1 Stmt. ¶29; Defs.’ 56.1 Cntrstmt. ¶ 29.) In January 2000, a “man called Parker” came to Maersk’s Kuwait office claiming that he was a Help Line representative and that he was authorized by Rednihom to arrange for the diversion of the Rednihom shipment to Dubai. (Pinto Stmt. ¶ 66.) Maersk explained to “Parker” — as it had to the other Help Line representatives — that Maersk and the Kuwaiti authorities required certain documents before the cargo could be reshipped to Dubai. (Id. ¶ 67.) About four or five meetings with “Parker” took place at Maersk Kuwait. (Id.) It was on his last visit that “Parker” was accompanied by the Egyptian lawyer who — according to the Pinto Statement — gave Maersk the same Help Line business card that Ghirardani claims he received from “Mr. Joginder” at the April 2004 Meeting. (Id. ¶ 68 & Ex. 44.) Maersk also asserts, and the Remaining Defendants deny, that Remaining Defendant Joginder owns or operates Help Line. (Pis.’ 56.1 Stmt. ¶¶ 8, 12; Defs.’ 56.1 Cntrstmt. ¶¶ 8, 12.) Mohinder and Man-deep — Joginder’s brother and nephew— have both testified that Joginder is the owner of Help Line. (Decl. of Mohinder Singh Sahani, May 6, 2006 (“Mohinder Decl.”), ¶ 27; Decl. of Mandeep Singh Sahni, May 6, 2006 (“Mandeep Deck”), ¶ 12.) A fax from Help Line to Maersk, complaining that Maersk was delaying the diversion of the Rednihom shipment, was sent from the fax number of original defendant Sardar. (Pinto Stmt. ¶ 59.) Maersk alleges that Joginder owns or operates Sardar. (AVC ¶ 14.) A Sardar business card found in Maersk’s sales file has the names “Mr. Joginger /Mr. Hardeep” handwritten on it. (Pinto Stmt. ¶ 31 & Ex. 18 (emphasis added).) “Joginger” is one of Remaining Defendant Joginder’s many alleged aliases. (AVC ¶ 14.) In addition, one of the two phone numbers on the Sardar business card is a phone number also used by Blue Bird, a company Joginder admits he controls. (Ghirardani Deck ¶ 158(d); Pis.’ 56.1 Stmt. ¶ 15.) Joginder also resides in Kuwait across the street from Sardar. (JPTO at 4 ¶ 6.) Joginder denies that he owns or operates Sardar, but he is barred from submitting any competent evidence (i.e., his testimony) to support that denial. DISCUSSION I. Standard of Review A party is entitled to summary judgment when there is “no genuine issue as to any material fact” and the undisputed facts warrant judgment for the moving party as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48,106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). On a motion for summary judgment, the court must view the record in the light most favorable to the nonmoving party and draw all reasonable inferences in its favor. Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The moving party has the initial burden of demonstrating the absence of a disputed issue of material fact. Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once such a showing has been made, the nonmoving party must present “specific facts showing a genuine issue for trial.” Fed.R.Civ.P. 56(e). The party opposing summary judgment “may not rely on conclusory allegations or unsubstantiated speculation.” Scotto v. Almenas, 143 F.3d 105, 114 (2d Cir.1998). Moreover, not every disputed factual issue is material in light of the substantive law that governs the case. “Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude summary judgment.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505. To withstand a motion for summary judgment, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586, 106 S.Ct. 1348. Instead, sufficient evidence must exist upon which a reasonable jury could return a verdict for the nonmoving party. Summary judgment is designed to flush out those cases that are predestined to result in directed verdict. Lightfoot v. Union Carbide Corp., 110 F.3d 898, 907 (2d Cir.1997). II. Conspiracy to Defraud Under New York law, there is no independent cause of action for civil conspiracy. Filler v. Hanvit Bank, 156 Fed.Appx. 413, 417 (2d Cir.2005); Alexander & Alexander v. Fritzen, 68 N.Y.2d 968, 510 N.Y.S.2d 546, 503 N.E.2d 102, 102 (1986). However, a civil conspiracy may be alleged for the purpose of showing that an otherwise actionable tort was committed jointly by the conspirators and that, because of the conspirators’ common purpose and interest, the acts of one may be imputed to the others. Filler, 156 Fed.Appx. at 417; Grove Press, Inc. v. Angleton, 649 F.2d 121, 123 (2d Cir.1981) (“The allegation [of conspiracy] ‘is merely the string whereby the plaintiff seeks to tie together those who, acting in concert, may be held responsible in damages for any overt act or acts.’ ”) (quoting Rutkin v. Reinfeld, 229 F.2d 248, 252 (2d Cir.1956)). The injury for which plaintiff may be entitled to recovery is not the conspiracy itself but the damage caused by specific overt acts. Grove Press, 649 F.2d at 123. Thus, to establish a claim for conspiracy to defraud, a plaintiff must first demonstrate the underlying fraud, although the plaintiff need not prove that each defendant committed every element of the underlying fraud. Meisel v. Grunberg, 651 F.Supp.2d 98, 119 (S.D.N.Y.2009) (citing Snyder v. Puente De Brooklyn Realty Corp., 297 A.D.2d 432, 746 N.Y.S.2d 517, 521 (2002)). In addition, the plaintiff must show (1) a corrupt agreement; (2) an overt act in furtherance of that agreement; and (3) membership in the conspiracy by each defendant. Cofacredit, S.A. v. Windsor Plumbing Supply Co., 187 F.3d 229, 240 (2d Cir.1999). “As is true in criminal conspiracies, agreements in civil conspiracies will not easily be shown by direct evidence, but may be inferred from circumstantial evidence.” Id. Here, the Remaining Defendants fail to show that there is any genuine issue of material fact as to whether they engaged in a conspiracy to defraud Maersk, at least in connection with the Rednihom shipment. As explained below, supra at Discussion III.B, the undisputed facts also strongly suggest that the Remaining Defendants conspired to defraud Maersk in connection with the Neewra shipment. However, the fact that a Kuwaiti court has entered judgment against Maersk in connection with the Neewra shipment (a fact overlooked by both sides) makes this Court unwilling to enter summary judgment for Maersk — at least until I am provided with more information about the nature and legal ramifications of the Kuwaiti proceedings. The occurrence of the Rednihom Fraud, on the other hand, is not, and cannot, be disputed. Nor can it be disputed that any number of overt acts were taken in furtherance of the Rednihom scheme' — -for example, the bill of lading falsely described the goods as PC parts, and Help Line attempted to divert the fraudulent shipment to Dubai. Thus, Maersk has demonstrated the underlying tort — the Rednihom Fraud' — and an overt act. The Court now turns to the evidence establishing the remaining elements of Maersk’s civil conspiracy claim against Joginder and Help Line. A. Joginder The record demonstrates the absence of any material factual issue as to whether Joginder knowingly participated in the Rednihom scheme. It is undisputed that Remaining Defendant Help Line attempted to divert the shipment to Dubai without presenting the original bill of lading and other documents required by Maersk and the Kuwaiti authorities. Mo-hinder and Mandeep both swore that Joginder was the owner of Help Line. In addition, a January 2000 fax from Help Line to Maersk, pressuring Maersk to release the Rednihom shipment, was sent from the fax number of original defendant Sardar. Maersk asserts that Joginder owned or operated Sardar, and presents the following facts in support of its assertion: first, a Sardar business card found in Maersk’s sales file has the name “Mr. Jo-ginger” handwritten on it; second, Sardar and Blue Bird (another of Joginder’s companies) shared a phone number; third, Joginder lived across the street from Sardar. The last fact is utterly unpersuasive; the first two, however, are some evidence that Joginder was an owner or operator of Sardar. In resolving Maersk’s motion for summary judgment, the Court must view the facts in the light most favorable to the Remaining Defendants and draw all reasonable inferences in their favor. The only reasonable inference that the Court can draw from these facts is that Joginder owned or operated Help Line, and that he was thus involved in the attempt to reship the Rednihom cargo to Dubai in furtherance of the Rednihom Fraud. The Remaining Defendants have not presented any competent evidence suggesting otherwise. Thus, there is no genuine issue of material fact about whether Joginder was a knowing party to a corrupt agreement to defraud Maersk. He was. Because it is undisputed that the underlying tort of the Rednihom Fraud occurred, and because it cannot be disputed that numerous overt acts were taken in furtherance of that scheme, the Court grants summary judgment to Maersk on its civil conspiracy claim against Joginder. Joginder’s cross-motion for summary judgment on that claim is denied. B. Help Line The record also demonstrates Help Line’s membership in the conspiracy to defraud Maersk. It is undisputed that Help Line sought to have the fraudulent Rednihom shipment diverted to Dubai on Rednihom’s behalf. ■ Maersk presents strong circumstantial evidence in support of its assertion that Help Line was knowingly assisting Rednihom in an attempt to find a way to assert another false claim against Maersk. The Remaining Defendants conclusorily respond, without support, that Help Line was merely “engaging in a standard commercial transaction.” (Defs.’ Mem. at 11.) Even viewing the evidence in the light most favorable to the Remaining Defendants, there is no genuine issue for trial. First, as discussed above, the record shows that Help Line was owned or operated by Joginder, a member of the conspiracy. The parties waste considerable energy disputing a single, immaterial factual issue relating to the link between Joginder and Help Line: whether, at the close of the April 2004 Meeting, the man identified as “Mr. Joginder” gave Ghirardani a Help Line business card. The Remaining Defendants accurately note the discrepancy between Pinto and Ghirardani’s explanation of the card’s origins. See supra Facts II.B.3. In addressing Maersk’s summary judgment motion, the Court must resolve this ambiguity in favor of the Remaining Defendants. The problem, however, is that neither explanation is favorable to the Remaining Defendants. If the card was given to Ghirardani at the April 2004 Meeting, that would cement the link between Help Line and either Joginder or Mohinder — depending on which one of them attended the Meeting- — -and between Help Line and the Neewra episode. But if the card was actually given to Maersk by an Egyptian lawyer accompanying a “man called Parker” during a visit in furtherance of Help Line’s attempt to divert the Rednihom shipment, that would confirm Help Line’s involvement in the Rednihom Fraud and link Help Line to Remaining Defendant Parker. Assuming that “Mr. Joginder” did not give Ghirardani the Help Line business card at the April 2004 Meeting does not sever the link between Help Line and Remaining Defendant Joginder, because that link is shown by other pieces of evidence in the record. In short, the only reasonable inference that can be drawn from either version of how the Help Line business card came to be in Maersk’s possession is that Help Line was part of a conspiracy to defraud Maersk. Thus, the factual dispute over whether “Mr. Joginder” gave Ghirardani the Help Line business card is immaterial, as its resolution would not affect the outcome of Maersk’s conspiracy claim against Help Line. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The second piece of evidence tending to prove Help Line’s membership in the conspiracy is the undisputed fact that Help Line was acting on behalf of Rednihom and Mohinder. {See, e.g., Pinto Stmt. ¶ 51 & Ex. 32 (fax from Rednihom authorizing Help Line to act on its behalf in arranging reshipment of cargo to Dubai); id. ¶ 58 & Ex. 40 (fax from Mohinder to Maersk asking it to accept payment tendered by Help Line).) In other words. Help Line was acting on behalf of an entity that had just fraudulently shipped worthless spare auto parts while claiming they were valuable PC parts, and whose principal was none other than Joginder’s brother. Third, the Rednihom Fraud was strikingly similar to — and occurred on the heels of — the Neewra scheme. Help Line repeatedly attempted to persuade Maersk to release the Rednihom cargo without the original bill of lading, just as Al Tamasok had attempted to persuade Maersk to release the Neewra containers without the original bill of lading several months earlier. The second time around, Maersk, once-duped, warily avoided releasing another shipment without the presentation of original documents. This evidence satisfies Maersk’s initial burden of demonstrating the absence of any disputed issue of material fact as to whether Help Line was party to a corrupt agreement to defraud Maersk in connection with the Rednihom shipment. The Remaining Defendants have not presented any competent evidence to controvert Maersk’s showing. They identify the discrepancy concerning the Help Line business card, but that is immaterial. To be sure, there is some “metaphysical doubt” about whether Help Line was a knowing player, or merely an unwitting pawn, in Rednihom’s game. But that is not enough to prevent summary judgment. Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The Court is required to draw all reasonable inferences in favor of Help Line; it is not required to perform mental gymnastics in an effort to mold the facts into an entirely improbable narrative in which Help Line was not a knowing co-conspirator. Simply put, based on the undisputed facts before the Court, it would not be reasonable to infer that Help Line was merely “engaging in a standard commercial transaction.” Help Line is a debt collection company, not a freight forwarder; it is owned or operated by Joginder; it was aggressively seeking to divert a demonstrably fraudulent shipment without presenting an original bill of lading; it acted on behalf of named defendants Rednihom and Mohinder; and all of this occurred shortly after the Neewra episode. The Court concludes that there is no genuine dispute for trial as to whether Help Line was, like Joginder, a member of the conspiracy to defraud Maersk. Accordingly, the Court grants summary judgment to Maersk on its claim against Help Line for conspiracy to defraud. Help Line’s motion for summary judgment on that claim is denied. III. Fraud Under New York law, the elements of a fraud claim are: (1) a material misrepresentation or omission of fact (2) made by the defendant with knowledge of its falsity and (3) the intent to defraud (“scienter”); (4) reasonable reliance by the plaintiff; and (5) resulting injury to the plaintiff. Crigger v. Fahnestock & Co., 443 F.3d 230, 234 (2d Cir.2006). “In fraud cases, scienter may be proven by circumstantial evidence.” Cofacredit, S.A. v. Windsor Plumbing Supply Co., 187 F.3d 229, 241 (2d Cir.1999). Where, as here, a plaintiff has demonstrated a conspiracy to defraud, a misrepresentation made in furtherance of the conspiracy may be imputed to each of the co-conspirators. See id. at 239-40; Kashi v. Gratsos, 790 F.2d 1050, 1054-55 (2d Cir.1986) (“Proof of a civil conspiracy under New York law connects a defendant with the transaction and ... charges him with the acts and declarations of his coconspirators ....”) (internal quotations omitted). In Cofacredit, multiple groups of defendants had participated in a scheme to obtain financing from the plaintiff based on fraudulent invoices. 187 F.3d at 233. One group of defendants (the “Windsor Defendants”) argued that they could not be liable for fraud because they — unlike their co-defendants — had not actually made any of the actionable misrepresentations, Id. at 239^40. The Second Circuit held that, because the Windsor Defendants had engaged in the conspiracy to defraud, the district court had “properly imputed to the Windsor Defendants all of the misrepresentations [their co-defendants] made within the scope of the conspiracy.” Id. A. Rednihom Fraud Claims Against Joginder and Help Line Maersk asserts fraud claims based on the Rednihom shipment against Joginder and Help Line. (AVC ¶¶ 118-26.) It is undisputed that the Rednihom Fraud occurred. Numerous material misrepresentations necessarily were made in furtherance of the Rednihom scheme. For example, the bill of lading falsely described the cargo as PC parts and named a consignee that either did not exist or never had any intention of claiming the cargo on arrival. As established above, both Joginder and Help Line were members of a conspiracy to defraud Maersk in connection with the Rednihom shipment. Therefore, all such misrepresentations made in furtherance of the conspiracy are imputed to Joginder and Help Line. See Cofacredit, 187 F.3d at 239-40. The Remaining Defendants do not dispute that Maersk reasonably relied on the misrepresentations in the bill of lading in agreeing to carry the containers to Kuwait. Nor do they dispute that Maersk suffered damages (unpaid charges for the fraudulent shipment) as a result. Instead, the Remaining Defendants’ summary judgment papers are fairly read as contesting liability only on the ground that the Remaining Defendants did not knowingly participate in the frauds. In other words, the Remaining Defendants challenge Maersk’s proof of scienter. However, the same evidence that demonstrates that the Remaining Defendants were knowing parties to the conspiracy to defraud Maersk also proves that they were acting with the requisite intent to defraud. Just as the corrupt agreement in a civil conspiracy may be proven by circumstantial evidence, a defendant’s scienter may be proven with circumstantial evidence. See Cofacredit, 187 F.3d at 24(M1. The circumstantial evidence of Joginder and Help Line’s knowing participation in the Rednihom scheme is strong, and the Remaining Defendants have not presented any competent evidence to controvert Maersk’s showing. Thus, for the same reasons set forth above, the Court concludes that there is no genuine dispute as to their scienter. No reasonable trier of fact could infer anything other than knowing intent to defraud. Accordingly, the Court grants summary judgment to Maersk on its claims against Joginder and Help Line for the Rednihom Fraud. Joginder and Help Line’s cross-motion for summary judgment on those claims is denied. B. Neewra Fraud Claims Against Joginder and Parker Maersk asserts fraud claims based on the Neewra shipment against Joginder and Parker (AVC ¶¶ 63-114.) The evidence before the Court strongly supports the conclusion that Joginder and Parker (among others) defrauded Maersk in connection with the Neewra shipment. However, summary judgment is inappropriate — at least for the moment — in light of the Kuwaiti judgment against Maersk. 1. Evidence Against Joginder The undisputed facts of the April 2004 Meeting weigh heavily in favor of finding that Remaining Defendant Joginder conspired to defraud Maersk in connection with the Neewra shipment. Joginder admitted that he attended the April 2004 Meeting in his Answer, swore to it in his Declaration, and now asserts it in his summary judgment papers. (Joginder Ans. at 3; Joginder Decl.; Defs.’ Mem, at 9.) In other words, Joginder does not dispute that he was the man introduced to Ghirardani and Kanal at that Meeting as “Joginder Singh Sahni” or “Mr. Joginder.” When Ghirardani arrived in Kuwait to investigate the Neewra Fraud, he sought a meeting with the “decision maker” behind the fraudulent claim. The Remaining Defendants attempt to conjure a factual issue by parsing Ghirardani’s Declaration and deposition testimony to suggest that he “requested a meeting with the ‘decision maker’ of the Singh Sahni family, quite a different thing.” (Defs.’ 56.1 Cntrstmt. ¶ 23 (emphasis added); see Defs.’ Mem. at 9.) Even if there were competent evidence to support this assertion, it creates neither a genuine nor a material dispute. Irrespective of Ghirardani’s (or Behbehani’s) word choice, the record makes clear that there is no genuine issue as to the following material facts: Ghirardani, in keeping with his investigative practices, sought a meeting with the decision maker for the opposition — that is, the Neewra claimants and was introduced to “Joginder Singh Sahni,” or “Mr. Joginder.” It is undisputed that at that Meeting, “Mr. Joginder” knew the facts of the case, knew the parties involved, and discussed settlement. These undisputed facts tend to prove that “Mr. Joginder” was a member (possibly even a principal) of a conspiracy to defraud Maersk in connection with the Neewra shipment. In light of what seems to be the self-evident nature of the Neewra Fraud, “Mr. Joginder’s” knowledge of the claim, and his apparent authority to settle it, suggest he was acting with fraudulent intent. Of course, the Court cannot turn a blind eye to the possibility that it was Mohinder, not Joginder, who attended the April 2004 Meeting. Ghirardani and Kanal have both testified that the man they met in April 2004 at the Marriott coffee shop was Mo-hinder, not Joginder, and Maersk has consistently alleged as much. (Ghirardani Dep. 60:18-61:3; Kanal Dep. 61:21-25; AVC ¶ 112.) Thus, there is undeniably a genuine factual issue as to whether the man identified as “Mr. Joginder” at the April 2004 Meeting was Remaining Defendant Joginder, or his brother, Mohinder. But that dispute is not material for purposes of Maersk’s Neewra-based fraud claim against Joginder. If it was, in fact, Joginder, then he was clearly at the very center of any Neewra Fraud, as established above. If it was Mohinder, then Joginder repeatedly and unabashedly lied to this Court — in his Answer, his Declaration and now his summary judgment papers — in an apparent effort to shield his brother from liability. This renders Joginder a coconspirator in the scheme. In other words, the question of whether it was Joginder or Mohinder at the April 2004 Meeting may be relevant to the scope of their roles in the alleged fraud, but either way, the Meeting shows that Remaining Defendant Joginder was party to any conspiracy. Of course, the April 2004 Meeting is not the only evidence tending to prove Joginder’s involvement in a scheme to defraud Maersk in connection with the Neewra shipment. Several weeks before the cargo arrived in Kuwait, a man who introduced himself as “Singh” attempted to bribe Maersk’s Pinto for a blank bill of lading. The attempted bribery took place at the small office of a company — Blue Bird' — ■ that Joginder owned, operated or controlled. Shortly after “Singh” failed to obtain a blank Maersk bill of lading from Pinto, Al Tamasok representatives attempted, and failed, to persuade Maersk to release the Neewra cargo without the original bill lading. In the end, Al Tamasok succeeded in obtaining a blank bill of lading from another source, forged the bill for the Neewra shipment, and presented it to Maersk, thereby securing the release of the Neewra cargo. The only reasonable inference that the Court can draw from these undisputed facts is that Joginder played a role in the forging and presenting of the fraudulent bill of lading. The Remaining Defendants have not presented any competent evidence suggesting otherwise. Instead, they merely point out that “Singh” is a common family name, and claim that Pinto was unable to identify Joginder in photos shown to Pinto during his deposition (which took place more than nine years after Pinto saw the man who attempted to bribe him at Blue Bird’s office). (See Wise Decl. Ex. C (Pinto Dep.), at 62:14-21; Defs.’ Mem. at 8.) This is far from enough to raise a genuine issue for trial, especially given the undisputed fact that Joginder controlled Blue Bird. The Remaining Defendants may have tried to manufacture some “metaphysical doubt” about whether Joginder was involved with the fraudulent bill of lading, but they fail to raise a genuine issue of fact. 2. Evidence Against Parker The evidence tending to prove Parker’s participation in a Neewra-based fraud revolves around his role in advancing the Neewra claim in Kuwaiti court. It is undisputed that Parker filed the Kuwaiti claim on behalf of Neewra. It is also undisputed that Parker’s corporate sponsor is Blue Bird, a company that Joginder owns, operates or controls. In his Answer, Parker denied receiving any of the $1.86 million that Maersk posted to secure the release of the ship that had been arrested as a result of the Neewra suit. Now, having produced a bank statement that shows he did receive the $1.86 million and then transferred it to various bank accounts belonging to unidentified owners, Parker admits that he “collect[ed] and distribute[ed]” the money recovered by the Neewra claimants (Defs.’ Reply at 3). In addition, the undisputed facts give rise to the reasonable inference that Parker also participated in the Rednihom Fraud. Four or five times in January 2000, “a man called Parker,” claiming to be a Help Line representative, visited Maersk’s Kuwait office and attempted to arrange the diversion of the fraudulent Rednihom shipment without proper documentation. The Remaining Defendants have not presented any competent evidence supporting an inference that this man was anyone other than Parker. In light of the evidence cited above, it would not be reasonable to infer that Parker — the man who filed and pursued the Neewra claim, collected and distributed the judgment, and has ties to Joginder— was merely an unwitting pawn in the game. Instead, the undisputed facts tend to prove his knowing participation in the fraudulent conduct. The Remaining Defendants have not come forward with any evidence that controverts Maersk’s showing. 3. Summary Judgment Is Inappropriate in Light of the Kuwaiti Decision The undisputed facts cited in the two preceding sections satisfy Maersk’s initial burden of demonstrating the absence of any genuine issue about whether Joginder and Parker were members of a conspiracy to defraud Maersk in connection with the Neewra shipment. The Remaining Defendants fail to present any competent evidence to controvert Maersk’s showing. Numerous material misrepresentations necessarily were made in furtherance of any such conspiracy. For example, it is undisputed that Al Tamasok presented a forged bill of lading to Maersk to obtain the release of the Neewra cargo. If Joginder and Parker did, in fact, engage in the conspiracy to defraud Maersk in connection with the Neewra shipment, these misrepresentations would be imputed to them. See Cofacredit, 187 F.3d at 239-40. Further, the Remaining Defendants do not dispute that Maersk reasonably relied on the forged bill of lading in consenting to release the Neewra cargo. Nor do they contest that Maersk was damaged as a result of its reliance on the fake bill in releasing the goods. Finally, as with the Rednihom Fraud claims against Joginder and Help Fine, the scienter element of the Neewra Fraud claims against Joginder and Parker appear to be satisfied by the same evidence that establishes their knowing participation in the fraudulent scheme. In sum, the undisputed facts support granting summary judgment to Maersk on its claims against Joginder and Parker for the alleged Neewra Fraud. However, the judgment in the Kuwaiti courts against Maersk on the Neewra claim precludes the Court from doing so, at least for now. The Court is well aware that a judgment was entered in favor of Neewra in Kuwaiti court, holding M