Neither side wins in cigar deal
When a substantial cigar deal went up in flames, an alleged con artist used smoke and mirrors to deceive two local merchants out of thousands of dollars.
Hail Azeri, owner of Tobacco Zone at 2400 Main St., was sued in Santa Monica Small Claims Court last week by Michelle Bouchoucha, who was trying to retrieve $5,000 he had given Azeri under what Bouchoucha claimed were fall pretenses.
But Santa Monica Small Claims Judge Pro Tem Michael Graham ruled against Bouchoucha because he believed the money was a partial payment for the cigar deal gone bad.
“I believe you knew what this money was for,” Graham said. “Now you’re trying to get it back but I think you’re going after the wrong person.”
Graham said it sounded like both businessmen were taken by a clever scheme to defraud them.
“I am convinced you were both conned,” he said. “You both got screwed.”
Bouchoucha, who operates an herbal remedy store in Venice Beach, said the money was a loan to help Azeri. But Bouchoucha didn’t even know Azeri — he was asked by his business partner, Amro Boucelli, to help out Azeri, who sold Boucelli $10,000 in cigars.
Sound confusing? It gets even more complex.
Boucelli attempted to pay Azeri the $10,000 for the cigars, but the check bounced, Azeri said. It wasn’t until Azeri threatened to press criminal charges that Boucelli went to Bouchoucha and asked him to write a $5,000 check to Azeri so he wouldn’t call the police, Azeri said.
But Bouchoucha said Boucelli told him Azeri was having trouble paying for a large order of merchandise for his store and needed a short-term loan.
“We had done this before, so I didn’t think it was a big deal,” Bouchoucha said. However, he testified in court that he only knew Boucelli as an acquaintance, yet he has done similar loans with him.
Bouchoucha said he knew nothing about the botched cigar deal until after the $5,000 check had been cashed. He said if he had been told Boucelli owed Azeri, he wouldn’t have given him the money.
“I had no reason to give $5,000 to this gentleman,” Bouchoucha said. “If he had told me what this person (Boucelli) was all about I never would have handed over the money.”
Azeri claims Boucelli and Bouchoucha had previously been business partners and were close friends. Azeri said the small claims lawsuit was merely another part of the pair’s scam to rip him off.
Bouchoucha denies knowing Boucelli as more than an acquaintance. But sources have said the pair were business partners in a clothing store that went belly-up in Santa Monica a few years ago.
Neither man said he knows where Boucelli is and they haven’t seen him in months.
Boucelli did not appear in court and couldn’t be located for comment.
Sources said Boucelli is being investigated by the Santa Monica Police Department for writing bad checks.
“We cannot confirm or deny that there is an investigation ongoing,” said SMPD Lt. Frank Fabrega.
Azeri believed Bouchoucha’s check was a partial payment for the cigars. When Azeri sued Boucelli in court earlier this year, he sought a judgment for $5,000 because he counted Bouchoucha’s money as a partial payment.
“Why would I only sue him for $5,000 if he owed me ($10,000)?” Azeri asked. “Because I already had part of the money.”
“This is a problem between him and Mr. Boucelli,” Azeri added.
Graham agreed. He pointed out Bouchoucha had written on the check’s memo “payment for Amro Boucelli” after it had been processed and returned by the bank. Graham said it appeared Bouchoucha had unsuccessfully attempted to alter what was written in the memo section to disguise the check’s true intent.
But even so, Graham said neither side was a winner in the case.
“I’m not going to like ruling either way on this matter,” he said, “because you both got taken.”
Originally published in the Santa Monica Daily Press print edition on September 18, 2002. Read the original PDF.