Exhibit 1

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE

DIVERSE MEDICAL
MANAGEMENT. AND AZZAM

MEDICAL SERVICES, LLC,

Plaintiffs,

Case No: 
JURY DEMAND

V.

PLATINUM GROUP USA. 
AMER THE THIRD
FRIDAY TOTAL RETURN FUND, L.P.,
MICHAEL LEWITT, AMERICORE
HEALTH, LLC, GRANT WHITE,
JAMES B. BIDEN,



Defendants.

 

DECLARATION OF MICHAEL S. FREY

 

1, Michael Frey, hereby declare as follows:

1. I am over 2  years of age and if called as a witness I could and would testify
competently to the matters set forth in this declaration. I make this declaration based on my
personal experiences and knowledge of the facts set forth herein.

2. I am the President and CEO of Diverse Medical Management, Inc. 

3. DMM conducts business the in states of Tennessee, Texas, Kentucky, Alabama.
and 

4. In January 2018, Grant White is his capacity as President of Americore Health,
LLC, (?Americore?) asked me to travel to Pineville, Kentucky. The purpose of the meeting was

to introduce me to the staff of the Pineville Community Hospital and to certain principals of

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Americore, was told to discuss the possibility of implementing the DMM model for treatment

of substance abuse, senior care. and all outpatient programs

5 I first met James lliden in the of?ce of Alicua Slusher, who was the marketing
director for the hospital I shook his hand and introduced myself. He handed me a busrness card
that is attached to the Amended Complaint in this action, We then proceeded to the conference

room

6 Attendees in the conference room included James Biden, Rick Tichenor (the-CEO

of the hospital). Jason Boop (the then-Director of Nursing) and other Americore and Hospital

personnel 1 gave my presentation of the DMM model to the collective group. During my

presentation regarding intensive outpatient treatment, James Biden interrupted me to say. "My

brother needs to have you in every court system in America.? I le? the meeting very excited and

optimistic about the future of DMM.

7' During the transition phase while awaiting investment, Michael Lewitt and James
Biden agreed on multiple occasions to cover all overhead expenses of DMM as we acquired further
business lines as instructed by Biden and Lewitt. As a result, DMM entered into a series of loan
agreements with The Third Friday Fund, LP. Before the execution of each loan agreement, Biden
and Lewitt reassured me that these agreements were a mere formality that Lewitt needed for the

integrity of The Third Friday Fund, LP, and that these loan agreements would be repaid

exclusively by the investment money that Biden and Lewitt promised was certain and imminent.

8. All of these agreements were executed in Warren ounty, Tennessee. Had I known

the whole transaction was a fraud, 1 never would have agreed to a forum selection clause in Florida.

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9. On March 28. 2019. I sent a text message to Michael Lewitt, James Biden, and
Ameer Rustom in which I told them DMM would work with them until April 30, 20l9, to settle

the matter short ot?litigation. alter which DMM would obtain counsel to take the next steps

I declare under penalty of perjury that the foregoing is true and correct.

Executed on August 2 I 20l9.

me



 

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