CHARLESTON — A British man is suing Lightfoot Resources for refusing to return an overpayment he made in error.
Richard De Basto, who lives in the United Kingdom, provided funding for Lightfoot in 2020 by executing an investment agreement and providing $50,000 in a cash payment, according to a complaint filed in Kanawha Circuit Court.
De Basto claims he provided the payment as part of an investment package and the funds were accepted by Lightfoot.
The plaintiff also subsequently transferred an additional $50,000 payment to Lightfoot and even though it was clearly sent in error, Lightfoot accepted the overpayment and did not return it, according to the suit.
De Basto claims once he realized the overpayment, he contacted John Baugues Jr., a managing member of Lightfoot and requested the overpayment be returned.
"In an email communication, Baugues acknowledged he was aware of the 'additional $50,000' sent by Mr. De Basto and he wrote that arrangements would be made to return the $50,000 to Mr. De Basto," the complaint states. "Lightfoot has not followed through on any such arrangements."
Despite De Basto's numerous requests for the return of the overpayment, Lightfoot has failed and refused to return the money to De Basto, according to the suit.
De Basto claims the defendant's actions are conversion and unjust enrichment. He claims the defendants owe him $50,000.
De Basto is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Ryan S. Marsteller of Bailes, Craig, Yon & Sellards in Huntington.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-151
