Your Honor,
This case is clear, and has been made only more so throughout the duration of the trial.
The Defendant's own documentation proves our case. Both parties, the Plaintiff and the Defendant, were bound by these Terms of Service. Discover Bank is NOT an entity identical to Vanguard Market Access - in fact, the Vanguard Market Access ToS specifically define accounts as only being accounts with the VMA. The Defendant's account in Discover Bank is not subject to VMA authority, and there is no power within the Discover Bank ToS that grants the Defendant the ability to freeze the Plaintiff's funds. The Defendant's actions have violated their own ToS, since they did not notify the Plaintiff of transactions they considered "suspicious," and they acted outside the scope of their legal authority under the contracts when they chose to freeze his account.
The Defendant has continually fallen back on the idea that the Plaintiff committed fraud and attempted to steal money from the Defendant. They claim that "fraud prevention policies" given them the right to do as they please, when they please, so long as they label activity "suspicious." First and foremost - the idea that a bank can have "fraud prevention policies" that are never presented to the consumer, but that somehow supersede the contractual agreements a bank enters into, is an absurdity.
Beyond this, the Defendant's alleging of criminal activity from the Plaintiff is befuddling, at best. The Defendant claims the Plaintiff is guilty of fraud and illegal activity, and has made these claims numerous times, and yet has provided not one shred of evidence to this court to support these claims. No evidence of this has been shown here in court, and this trial has gone on for over a month. Thus, these allegations are nothing more than that: unproven allegations with nothing to substantiate them.
The Plaintiff has also proven the necessity of the prayer for relief. There are, at most, five active lawyers, with at least one being significantly minimized in his ability to take on clients, as he is the Minister of Justice. Oliver Spy, the witness we called who provided this information, also gave a clear quote on cost, stating that $500 plus 25% of monetary winnings, plus court fees, would be his fee, with additional cost if the case required more than five working days (which this case clearly has), and he has acknowledged that the going fee for other lawyers may be higher. This 25% fee lines up perfectly with why the Plaintiff is requesting $25,000 in special damages. These damages would not have been incurred has the Defendant not breached the contract, and thus no restitution would be complete without the Defendant paying the Plaintiff's legal fees. This is also why the Defendant is requested to pay court fees, as they would not have been incurred without the Defendant's actions.
The Defendant has also harmed my client directly by preventing him from progressing in the most lucrative jobs of the Azalea Isles. As testified by Nopuu Catenjoyer, the former Minister of the Ministry of Social Services, and now the Deputy Minister, certain trades cost at least $10,000 to level up to max, and the best goods and services are locked behind the highest levels. The Plaintiff has been dramatically slowed, nearly halted, in his ability to progress in these trades because of the Defendant freezing his funds. Thus, $10,000 in compensatory damages for this halting of progress and the creation of the inability of the Plaintiff to engage in the more lucrative markets of Azalea may in fact be underestimating the cost to the Plaintiff, created by the Defendant.
The evidence is clear. The Defendant acted to directly breach the contract he had with the Plaintiff. There has been no evidence provided to substantiate the Defendant's allegations. The requested damages in the Prayer for Relief directly result from the Defendant's actions.
Thus, I humbly request that Your Honor deliver a verdict in our favor, ruling that Vanguard National Bank, the Defendant, is in material breach of their contract, and that you order the Prayer of Relief fulfilled, seeing the immediate return of the Plaintiff's funds to him, with the requested damages.
