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VUU president seeks dismissal of fraud lawsuit

Jeremy M. Lazarus | 3/30/2018, 11:29 a.m.
Virginia Union University President Hakim J. Lucas is fighting back against an explosive lawsuit from his former employer, Bethune-Cookman University ...
Dr. Lucas

Virginia Union University President Hakim J. Lucas is fighting back against an explosive lawsuit from his former employer, Bethune-Cookman University in Daytona Beach, Fla.

Dr. Lucas has asked the Volusia County, Fla., Circuit Court to throw out the civil suit Bethune-Cookman officials filed in late January against him and other former school leaders accusing them of fraud and ripping off the university.

A date for a hearing on the motion to dismiss has yet to be set.

Formerly a vice president and chief fundraiser for Bethune-Cookman University, Dr. Lucas, through his attorneys, used the court filing last month to describe the suit as a baseless document filled with claims that are “impertinent and scandalous if not defamatory,” but unsupported by any evidence.

The lawsuit filed by Bethune-Cookman officials claims that Dr. Lucas and two other former top officials at the university accepted bribes and also doled out money to lower level employees as they inveigled the school’s Board of Trustees into approving a 40-year lease on a dormitory that a private company built and opened in 2016 on the Bethune-Cookman campus.

According to Bethune-Cookman, if the lease is upheld, the school will end up paying $306 million for the 1,600-unit student living quarters, or up to four times the $70 million to $80 million the dorm would have cost if the school built it itself.

In wording similar to other defendants, Dr. Lucas’ request to dismiss the suit hammers the point that Bethune-Cookman failed to provide any facts to show that he took bribes from the private development company, committed fraud or did anything that violated the law in supporting the dormitory project.

“Under Florida law, it is insufficient to allege a crime was committed without supplying evidence that a crime, in fact, was committed,” Dr. Lucas’ filing states, in arguing that Bethune-Cookman has failed to provide such evidence.

“It is noteworthy,” the filing continues, “that many of the allegations are prefaced with the phrase ‘upon information and belief,’ which is legal shorthand for essentially saying that there is no real proof for the allegation and that the allegation is really based on speculation, conjecture and wishful thinking.

“It is a creative-writing tool used by lawyers, and one employed for the sole purpose of creating fear” and a speedy resolution, the filing adds.

“Where is the evidence of payment? Where is the wire transfer? Where is the cancelled check?” Dr. Lucas’ filing states, noting that Bethune-Cookman did not include such evidence “because there is none.”

The court papers also state that a host of people and organizations, ranging from members of Bethune-Cookman’s Board of Trustees to law firms, accounting firms and consulting firms, “had direct roles in either negotiating, evaluating or approving the dorm project.”

“Indeed, Dr. Lucas — either single-handedly or in tandem with any other member of Bethune-Cookman’s then leadership team — could not have moved forward with the project without the consideration, analysis and approval of these other parties,” the filing continues.

“If Dr. Lucas (and others) failed in their duties, these others, by extension, must have failed as well,” the court papers state. But, it continues, Bethune-Cookman is not suing those other essential parties, making its suit deficient and subject to dismissal.