Miami Jury Awards $303K in Civil Theft and Conversion Lawsuit
Table of Contents
Case Background
High Society Management, LLC owned a private aircraft. It had signed an Aircraft Service and Operational Control Agreement with Pro Airways, LLC. Pro Airways managed the aircraft and arranged pilots and chartering. High Society reimbursed expenses and directly paid pilots. Pro Airways assigned Peter Wood as a concierge. Ryan Staszko owned Pro Airways. Plaintiffs were High Society and its principal, Michael Weisser. Defendants included Pro Airways, Staszko, Wood, and American Express. High Society operated in Florida. Both Pro Airways and American Express conducted business there.
Events Leading to the Legal Dispute
Pro Airways requested a credit card for incidental charges like fuel and lodging. High Society added Wood to its American Express account. It set a $25,000 spending limit. Pro Airways agreed not to use the card for its own invoices. High Society used the card while the aircraft contract remained active. It paid Pro Airways through wire transfers.
The aircraft was sold in February 2022. The contract ended. Pro Airways flew the plane to Kansas in March. That completed the sale. High Society paid a final invoice in May and asked for the card’s return. Pro Airways never returned it.
On June 6, 2022, Pro Airways charged $56,118.52 on the card. The charge came months after contract termination. It exceeded the card’s limit. Pro Airways claimed it covered services from April to June 2023. But the aircraft was no longer owned. High Society disputed the charge. American Express initially reversed it, then paid Pro Airways after reviewing documents.
Later, American Express froze and cancelled other unrelated accounts. It also reported incorrect information to credit agencies. It listed the debt as personal and claimed the card was cancelled.
Plaintiffs’ Injuries and Their Impact
These actions caused financial and operational harm. Mr. Weisser’s personal credit score dropped 200 points to 615. This hurt his business credibility. Hundreds of transactions failed due to frozen cards. His businesses faced service disruptions. Plaintiffs spent long hours resolving issues with vendors. Despite closed accounts, American Express continued charging annual fees. Plaintiffs claimed these actions were willful and malicious.
Damages
Plaintiffs demanded over $50,000 in damages, excluding legal costs. They sought compensation under Florida’s Consumer Collection Practices Act. They alleged slander against credit. Against American Express, they claimed breach of contract and unjust enrichment. They demanded damages, fees, and interest.
Against Pro Airways, they sought $56,118.52 for conversion. Under Florida’s Civil Theft statute, they requested treble damages, attorney’s fees, and costs. They also cited the Florida Deceptive and Unfair Trade Practices Act. Plaintiffs accused both Staszko and Wood of fiduciary breaches and constructive fraud. They demanded damages and a jury trial for all triable claims.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: High Society Management, LLC and Michael Weisser
Counsel for Plaintiffs: Michael Alan Sayre
Defendants: American Express Company, Pro Airways, LLC, Ryan Staszko, and Peter Wood
Counsel for Defendants: Brian C. Frontino | Kingsley C. Nwamah | Michael J. McCormick, Jr.
Claims
Against American Express
Plaintiffs brought several claims against American Express Company. They alleged American Express attempted to collect a debt it knew was illegitimate. The company continued pursuing the charge even after Plaintiffs disputed it. Plaintiffs also claimed American Express reported false information to credit agencies. It classified the account as personal and falsely stated it had been cancelled.
These actions, they argued, violated the Florida Consumer Collection Practices Act (FCCPA) and constituted common law slander against credit.
Plaintiffs also claimed American Express breached the Card Member Agreement. It charged fees on suspended accounts and failed to block a fraudulent charge after being notified. This breached the agreement and the implied covenant of good faith. Plaintiffs asserted unjust enrichment as well. American Express retained fees on inactive accounts, which they claim is inequitable.
Against Pro Airways
High Society Management, LLC brought multiple claims against Pro Airways, LLC. It alleged Pro Airways wrongfully charged $56,118.52 to the company’s credit card. The company took possession of these funds and refused to return them. High Society claimed this action constituted conversion.
It also alleged civil theft under Florida Statute § 812.014. Pro Airways knowingly obtained property with intent to deprive. High Society seeks treble damages under the statute.
Pro Airways was also accused of deceptive and unfair trade practices. It submitted fraudulent charges and invoices and misrepresented the legitimacy of these charges to American Express. These acts, according to High Society, violated Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA).
High Society claimed Pro Airways breached the Aircraft Service and Operational Control Agreement. It billed for services not provided and failed to deliver a proper final accounting. It then charged the disputed amount to the credit card. High Society also alleged unjust enrichment. Pro Airways accepted payment for services and costs it never actually incurred.
Against Ryan Staszko
High Society brought claims against Ryan Staszko for breach of fiduciary duty and constructive fraud. Staszko had requested trust in matters related to the company’s credit card. He allegedly violated that trust by participating in fraudulent charges and making false statements during the investigation.
High Society claimed his actions caused direct financial harm. It alleged constructive fraud as well. Staszko had taken advantage of a position of trust to mislead both the company and American Express.
Against Peter Wood
High Society filed similar claims against Peter Wood. Wood had been entrusted with the company’s credit card. He allegedly breached that duty by helping process fraudulent charges. High Society also claimed he made false statements during the dispute process.
Wood’s actions, according to High Society, caused substantial harm. The company alleged constructive fraud, asserting that Wood used his position to deceive and financially damage High Society.
Defense
American Express National Bank and the Pro Airways Defendants denied liability and raised several affirmative defenses. American Express argued that the claims were subject to binding arbitration and that Plaintiffs failed to mitigate damages. It cited laches, estoppel, unclean hands, and comparative negligence to limit or bar recovery. It also pointed to independent, intervening conduct by third parties as the cause of any alleged harm. American Express claimed a right of offset for unpaid account balances and reserved the right to assert further defenses.
The Pro Airways Defendants denied all allegations and asserted that High Society failed to provide the 30-day notice required to terminate their agreement. They argued that claims of conversion were invalid because they involved fungible money and lacked felonious intent, essential for civil theft. They invoked the independent tort doctrine, contending the tort claims were not separate from the contract. Citing failure to meet contractual conditions precedent and lack of clear and convincing evidence, they sought dismissal with prejudice and recovery of attorneys’ fees and costs.
Jury Verdict
On January 29, 2025, the jury ruled in favor of Plaintiff High Society Management, LLC in its civil case against Defendants Pro Airways, LLC and Ryan Staszko in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida.
The jury found that Pro Airways committed conversion and civil theft, awarding $56,105.56 in damages for each claim. The jury also found that Pro Airways violated the Florida Deceptive and Unfair Trade Practices Act, awarding $27,308.30 in actual damages.
The jury further found that Defendant Ryan Staszko breached his fiduciary duty to High Society and committed constructive fraud. High Society was awarded $73,081.52 for the fiduciary breach and $17,303.30 for constructive fraud.
In addition, the jury found that Pro Airways breached its contract with High Society and awarded $73,315.61 in damages. The jury determined that High Society did not breach its contract with Pro Airways.