Case docket
William Kolbert v. Benworth Capital Partners LLC et al. — E.D.N.Y.
William Kolbert v. Benworth Capital Partners LLC et al. (including OTO Analytics, LLC d/b/a Womply) — 27 court filings in the archive, mostly from U.S. District Court for the Eastern District of New York, filed between January 7, 2025 and September 5, 2025. Among them: 10 exhibits, 1 complaint and 1 stipulation.
Case facts
| Court | U.S. District Court for the Eastern District of New York (9 filings); UNITED STATES DISTRICT COURT (1 filing) |
|---|---|
| Filings | 27 public filings |
| Filed | 2025-01-07 – 2025-09-05 |
| Document types | exhibits (10), complaint (1), stipulation (1) |
Case summary
Kolbert v. Benworth Capital Partners LLC, No. 1:25-cv-00117 in the U.S. District Court for the Eastern District of New York, was brought by William Kolbert against Benworth Capital Partners LLC, Benworth Capital Partners PR LLC, Benworth Financial LLC, Bernardo Navarro, Claudia Navarro, Oto Analytics, LLC, formerly Oto Analytics, Inc., doing business as Womply, and Toby Scammell. The amended complaint of May 16, 2025 alleges that a fraudulent $18,803 Paycheck Protection Program loan was taken out in the plaintiff's name without his authorisation and that the U.S. Treasury garnished part of his Social Security benefits to repay it. It pleads RICO, negligence, unjust enrichment, declaratory judgment and New York deceptive acts claims. The action was voluntarily dismissed with prejudice against all defendants on September 5, 2025.
Case at a glance
| Parties | Plaintiff William Kolbert; defendants Benworth Capital Partners LLC, Benworth Capital Partners PR LLC, Benworth Financial LLC, Bernardo Navarro also known as Bernardo E. Navarro, Claudia Navarro also known as Claudia Pezzia Navarro, Oto Analytics, LLC formerly Oto Analytics, Inc. doing business as Womply, and Toby Scammell also known as Toby G. Scammell |
|---|---|
| Court and docket | U.S. District Court for the Eastern District of New York, No. 1:25-cv-00117-FB-CHK; the amended complaint caption reads 1:25-cv-00117-FB-VMS |
| Program | Paycheck Protection Program (PPP) |
| Claims | First and second causes of action, RICO under 18 U.S.C. §§ 1962(c) and 1962(d) as to all defendants; third, negligence; fourth, unjust enrichment; fifth, declaratory judgment under 28 U.S.C. §§ 2201 and 2202; sixth, deceptive acts under N.Y. Gen. Bus. Law § 349 as to Benworth Financial, Womply and Scammell |
| Disposition or status | Voluntarily dismissed with prejudice against all defendants by stipulation of September 5, 2025 under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), each party bearing its own fees and costs. Three days earlier, on September 2, 2025, counsel for the Benworth defendants told the court that all parties had reached an agreement in principle to settle (letter, Dkt. 42). No ruling on the merits is on this page |
| Status checked | 2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read |
What does the complaint allege?
That the defendants, acting as an association-in-fact enterprise, solicited, facilitated, approved and funded PPP loans including a fraudulent $18,803 loan taken out in the plaintiff's name without his knowledge or authorisation, and that he was treated as a PPP debtor and had Social Security benefits garnished to repay a loan he never received. These are the complaint's allegations.
What else is on the page?
Exhibits to the amended complaint: a Treasury Department letter, an SBA identity theft declaration and acknowledgment letter, Florida and Puerto Rico corporate records for the Benworth entities, NMLS records for Bernardo and Claudia Navarro, the Benworth Capital website, the FTC's complaint against Womply and the stipulated order in that matter, and filings from the Federal Reserve Bank case against Benworth.
How did the case end?
By the parties' stipulation of voluntary dismissal filed September 5, 2025, dismissing the action with prejudice against all defendants, with each party to bear its own fees and costs.
Summary written from the documents on this page; every sentence is sourced.
Filings
27 public filings from this case, in filing-date order.
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 1-3, E.D.N.Y.)Dkt. 1-3 · PDF
- Exhibit B — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 1-4, E.D.N.Y.)Dkt. 1-4 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 6, E.D.N.Y.)Dkt. 6 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 7, E.D.N.Y.)Dkt. 7 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 10, E.D.N.Y.)Dkt. 10 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 11, E.D.N.Y.)Dkt. 11 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 12, E.D.N.Y.)Dkt. 12 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 13, E.D.N.Y.)Dkt. 13 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 14, E.D.N.Y.)Dkt. 14 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 19, E.D.N.Y.)Dkt. 19 · PDF
- Exhibit — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 24-2, E.D.N.Y.)Dkt. 24-2 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 25, E.D.N.Y.)Dkt. 25 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 29, E.D.N.Y.)Dkt. 29 · PDF
- Amended Complaint (RICO)Complaint
- Exhibit C — SBA Identity Theft Declaration and FTC Report — Kolbert v. Benworth (E.D.N.Y.)Exhibit
- Exhibit D — SBA Acknowledgment LetterExhibit
- Exhibit E — Benworth FL Florida Corporate RecordsExhibit
- Exhibit F — Benworth PR Puerto Rico Corporate RecordsExhibit
- Exhibit G — Bernardo Navarro NMLS Consumer Access Profile — Kolbert v. Benworth (E.D.N.Y.)Exhibit
- Exhibit H — Claudia Navarro NMLS Consumer Access Profile — Kolbert v. Benworth (E.D.N.Y.)Exhibit
- Exhibit I — Benworth Capital Website About PageExhibit
- Exhibit J — FTC Complaint against Womply and ScammellExhibit
- Exhibit K — FTC–Womply Stipulated Order for Permanent Injunction — Kolbert v. Benworth (E.D.N.Y.)Exhibit
- Exhibit N — Federal Reserve Bank v. Benworth Complaint — Kolbert v. Benworth (E.D.N.Y.)Exhibit
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 41, E.D.N.Y.)Dkt. 41 · PDF
- Court filing — William Kolbert v. Benworth Capital Partners LLC et al. (Dkt. 42, E.D.N.Y.)Dkt. 42 · PDF
- Stipulation of Voluntary DismissalStipulation
More documents from this docket
33 more documents from the same CourtListener docket (gov.uscourts.nyed.525917) are in the archive but are not among the 27 filings above.
- Complaint for Permanent Injunction, Monetary Relief, and Other ReliefExhibit
- 2022.12.01 "We Are Not the Fraud Police": How Fintechs Facilitated Fraud in the Paycheck Protection ProgramExhibit
- Exhibit 15 to Complaint
- About Us | Benworth Capital About - Benworth CapitalExhibit
- Summons in a Civil Action (Doc. 1-2)Summons or warrant
- ComplaintComplaint
- Stipulated Order for Permanent Injunction and Monetary JudgmentExhibit
- Complaint, Doc. 1-16Exhibit
- Summons in a Civil Action (Doc. 3)Summons or warrant
- Kolbert v. Benworth Capital Partners LLC Et Al Case No — Doc. 8Letter
- Ltr Motion requesting extension of response deadlineLetter
- 2025.03.12 Womply RICO Letter Motion Req. Pre-Mot Conference_ FinalLetter
- Kolbert v. Benworth Capital Partners LLC Et Al Case No — Doc. 17Letter
- not.pmc.2, Doc. 18Notice
- Draft Womply 7.1 Disclosure
- Ltr Mtn for defendant Claudia NavarroLetter
- SE TAKE NOTICE that upon the annexed affidavit of movant in support of this motion andNotice
- Motion To Admit CounselAffidavit
- Source document (2025-04-10)Statement
- Notice (2025-04-18)Notice
- NOA CarolinaNotice
- Initial Conference Adjournment RequestLetter
- On April 25, 2025, a pre-motion conference was held before Judge Frederick Block, duringLetter
- C. The parties may wish to engage in settlement discussions
- Appearance of Counsel
- Pre-Motion Letter to File Motion to Dismiss Amended ComplaintLetter
- Letter Motion, Doc. 37Letter
- Pre-Motion Letter to File Motion to Dismiss Amended ComplaintExhibit
- Letter Motion, Doc. 38-1Exhibit
- Draft Letter to Magistrate Judge re_ Stay of DiscoveryLetter
- not.pmc.2, Doc. 39Notice
- June 18, 2025 Order, we write to notify Your Honor that the parties’ settlement discussions haveLetter
- undatedthe complaint seeks injunctive reliefCover sheet
Court, dates and docket numbers are as recorded on the filings.