Tom, his father Thomas, and brother Jonathan, were all listed in a fraud suit filed in 2012 by Frederick J. Keitel in Palm Beach County, Fla., and Tom is still involved in litigation for the case.
Frederick claimed that Tom was fired from his company, Workflow, “when the Board of Directors became aware that he was involved in fraudulent activating, including the diversion of significant projects and funds from the company to his personal use.”
The company “demanded the reimbursement of approximately $1,200,000.00” from Tom and his father” rather than go through court proceedings, but they told Frederick that Workflow was in “financial trouble” and wanted to use the money from their joint company to pay Workflow back.
But, Frederick claimed that “the payments made by their joint company were actually used by the D’Agostinos to reimburse Workflow for their own personal wrongdoings, including illegal and fraudulent activity.” He also alleged that the funds from their joint company were used to start Smart Source LLC, where Tom is the president and CEO and his father is the chairman. Tom’s Facebook profile states he currently works at Smart Source LLC.
Frederick also claimed that the D’Agostinos provided their real estate broker with false information to secure mortgages in the company’s name, and when that failed the company was hit with “more than $150,000 in interest penalties.”
He asked for the court to enter a judgment against Tom’s dad “for damages in excess of $10,000,000.00, plus interest, costs and attorney’s fees.”
The D’Agostinos filed a counter claim claiming that Frederick was in the wrong, and asked the court to dissolve their joint company and to appoint a new General Partner in Frederick’s absence.
Now, Tom, 50, will find himself in family court proceedings as well as he and Luann, 52, filed for divorce earlier this month. They were married for just eight months and their relationship was plagued with infidelity.
The RHONY star recently stopped wearing her ring as well.
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