Securities and Exchange Commission v. Newpoint Financial Services Inc et al
Filing
476
FINAL JUDGMENT AS TO RELIEF DEFENDANT QUIFF INVESTMENTS, LTD by Judge Dean D. Pregerson: The freezeof the assets of Relief Defendant in Quiffs account at Interactive Brokers shall be immediately lifted, all funds shall be and are unfrozen, all restra ints against release or disbursement of the monies in the account shall be and are dissolved, and all of the monies currently subject to the asset freeze shall be released and/or disbursed forthwith directly by Interactive Brokers. US $68,073.0 3 to Farid Goharchin; US$130,769.42 to Bahram Kahenassa; US $2,932,017 to Amir Khalili; Quiffs attorneys Kaplan, Kenegos & Kadin shall be paid US $250,800.00 representing costs and attorneys fees; The balance of funds in the approximate sum of US $2,108,106.58 shall be disbursed 50% to the Receiver James Donell (see document for specific instructions). The Commissions Complaint against Quiff shall be, and hereby is, dismissed with prejudice. (lc)
1
2
3
4
5
6
7
JOHN B. BULGOZDY, Cal Bar. No. 219897
Email: bulgozdyj@sec.gov
BERNARD B. SMYTH III, Cal. Bar No. 217741
Email: smythb@sec.gov
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
John M. McCoy III, Associate Regional Director
John W. Berry, Regional Trial Counsel
5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036
Telephone: (323) 965-3998
Facsimile: (323) 965-3908
8
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
12
SECURITIES AND EXCHANGE
COMMISSION,
13
Plaintiff,
14
15
16
vs.
NEWPOINT FINANCIAL SERVICES,
INC.; JOHN FARAHI; GISSOU
RASTEGAR FARAHI; and ELAHEH
AMOUEI,
17
18
19
20
Defendants,
and
TRIPLE “J” PLUS, LLC; QUIFF
INVESTMENTS, LTD.; JUSTIN P.
FARAHI; and JOSHUA A. FARAHI,
21
Relief Defendants.
22
23
24
25
26
27
28
Rev07022013
Case No. CV 10-00124 DDP (JEMx)
FINAL JUDGMENT AS TO RELIEF
DEFENDANT QUIFF
INVESTMENTS, LTD.
NO JS-6
1
The Securities and Exchange Commission having filed a Complaint and
2
Relief Defendant Quiff Investments, Ltd. (“Quiff”) having entered a general
3
appearance; consented to the Court’s jurisdiction over Relief Defendant and the
4
subject matter of this action; and consented to entry of this Final Judgment without
5
admitting or denying the allegations of the Complaint (except as to jurisdiction);
6
waived findings of fact and conclusions of law; and waived any right to appeal
7
from this Final Judgment:
8
I.
9
10
IT IS HEREBY ORDERED, ADJUSTED, AND DECREED that the freeze
11
of the assets of Relief Defendant in Quiff’s account number XXXX625 at
12
Interactive Brokers shall be immediately lifted, all funds shall be and are unfrozen,
13
all restraints against release or disbursement of the monies in the account shall be
14
and are dissolved, and all of the monies currently subject to the asset freeze shall
15
be released and/or disbursed forthwith directly by Interactive Brokers as follows:
a.
16
The following Quiff investors shall be paid the balance of their
17
investments, plus interest at the agreed rate, in the following
18
amounts: (the names of the investors shall be redacted from this
19
publicly filed Consent and Consent Judgment, the unredacted
20
copies shall be filed under seal with the Court and the names of
21
the investors and the unredacted copies of this Consent and the
22
Consent Judgment shall not be disclosed to any party or entity
23
not a party to this Consent or the Consent Judgment):
i.
24
US $68,073.03 to Farid Goharchin with such funds
25
being unfrozen and released to the Quiff Investments,
26
Ltd. account at Interactive Brokers, account number
27
xxxx625 for the benefit of Farid Goharchin;
28
Rev07022013A
1
ii.
1
US$130,769.42 to Bahram Kahenassa with such funds
2
being unfrozen and released to the Quiff Investments,
3
Ltd. account at Interactive Brokers, account number
4
xxxx625 for the benefit of Bahram Kahenassa; and
iii.
5
€2,171,864.97 (US $2,932,017 at $1.35/Euro) to Amir
6
Khalili with such funds being unfrozen and released
7
to the Quiff Investments, Ltd. account at Interactive
8
Brokers, account number xxxx625 for the benefit of
9
Amir Khalili.
b. Quiff’s attorneys Kaplan, Kenegos & Kadin shall be paid US
10
11
$250,800.00 representing costs and attorneys’ fees, and Interactive
12
Brokers shall remit such funds to “Kaplan, Kenegos & Kadin,
13
9150 Wilshire Boulevard, Suite 175, Beverly Hills, California
14
90212” or wire transferred to the Kaplan law firm’s account.
15
c.
16
The balance of funds in the approximate sum of US
17
$2,108,106.58 shall be disbursed 50% to the Receiver James
18
Donell (and Interactive Brokers shall remit such funds to
19
“Receiver James Donell”, 9401 Wilshire Boulevard, Ninth
20
Floor, Beverly Hills, California 90212, or wire transfer to the
21
Receiver’s account) and 50% shall be unfrozen and released to
22
Quiff Investments, Ltd. at Quiff’s Interactive Brokers, account
23
number xxxx625 for the benefit of Quiff Investments, Ltd.
24
25
II.
26
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
27
Commission’s Complaint against Quiff shall be, and hereby is, dismissed with
28
prejudice.
Rev07022013A
2
III.
1
2
3
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the terms
of the Consent are incorporated herein.
4
IV.
5
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this
6
Court shall retain jurisdiction of this matter for the purposes of enforcing the terms
7
of this Final Judgment.
8
9
10
Dated: December 13, 2013
HONORABLE DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Rev07022013A
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?