A Resident of Brazil Has Sued a RI Yacht Company in Federal Court Over $500,000 Charter

A Resident of Brazil Has Sued a RI Yacht Company in Federal Court Over $500,000 Charter

A resident of Brazil has sued a Rhode Island yacht company in federal court. 

Plaintiff Luis Antonio de Almeida Braga in the lawsuit filed this week alleges that he had booked and prepaid a charter with Northrop and Johnson Yacht Charters in Newport in 2019.

He says when the charter ultimately did not take place, that he was not refunded his money — over €500,000, or $543,000 in U.S. dollars. 

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At the center of the dispute is a nearly $6 million yacht, allegations of email hacking, and a Croatian bank account. 

 

About Lawsuit

Braga in the suit that he had booked and prepaid a charter with Northrop and Johnson Yacht Charters in Newport 2019.

The vessel in question was the 125-foot “Marina Wonder” — which was listed for sale this fall for €5,500,000 -- or $5,973,118 in U.S. dollars. 

According to the listing: 

MARINA WONDER, a stunning tri-deck motor yacht built by Gulf Craft in 2012, stands out as a successful charter yacht for those seeking a yacht with charter potential, complete with commercial compliance and significant engineering upgrades. At 125’ (38.4m), she reaches a top speed of 17 knots and offers zero-speed fin stabilizers.

With her elegant interior, featuring American cherrywood, onyx stone and white oak French parquet, MARINA WONDER is designed for relaxation and entertainment. The main salon is well-lit with large windows and is equipped with a 50″ plasma TV and a comprehensive entertainment system.

The full-beam master suite impresses with large oval windows, a king-sized bed, and a luxurious en-suite with a jacuzzi bath, rain shower and more. Three double cabins with king-sized beds and a twin cabin with a Pullman bunk provide lavish accommodations for guests, complete with en-suite bathrooms.

 

It was when Braga’s charter agreement was terminated in 2022 after the yacht owner was “unable to perform its obligations” that issues reportedly arose. 

“Owner was unable to perform its obligations under the Charter Agreement and, on August 5, 2022, the Charter Agreement was terminated. Based on the termination of the Charter Agreement, the Yacht Owner agreed to refund to Plaintiff the full amount of charter fees paid, plus liquidated damages and other fees, which in the aggregate amounted to 501,683.64 EUR,” according to the lawsuit. “Upon information and belief, Owner caused the Refund Amount to be transferred to Defendant’s bank account.”

The lawsuit continues: 

“Due to Defendant’s negligence and/or insufficient security protocols, Defendant’s email servers were hacked by an unidentified third party, which created and sent false instructions to Defendant to send the Refund Amount to a bank account located in Croatia. Plaintiff had no knowledge of, or connection to, the third party, no knowledge that Defendant’s email servers had been hacked, and no knowledge of the false emails that were created by the third party and sent to Defendant,” according to the suit. “On October 24, 2022, Defendant informed Plaintiff that it had sent an amount of money equal to the Refund Amount to the Croatian bank account.”

Braga alleges that to date, he has not been refunded his money. 

The suit is alleging breach of contract, negligence, unjust enrichment, conversion, and breach of fiduciary duty. 

Braga, who is represented in Rhode Island by Michael Daly at Pierce Atwood LLP, is seeking damages “in an amount no less than the refund amount,” prejudgment interest, attorneys fees, costs, “all further relief that this Court deems just and equitable” — and a trial by jury. 

Daly and Northrop & Johnson did not respond to request for comment at time of publication.