Securities and Exchange Commission v. Secure Investement Services, Inc., et al

Filing 888

ORDER signed by Judge Garland E. Burrell, Jr. on 7/8/2011 GRANTING IN PART and DENYING IN PART 840 and 841 Motions to compel re-payment of fictitious bond from David Green and Monica Zukrow. (Zignago, K.)

1
2

UNITED STATES DISTRICT COURT

3

EASTERN DISTRICT OF CALIFORNIA

4

SACRAMENTO DIVISION

5

SECURITIES AND EXCHANGE
COMMISSION,

Case No. 2:07-cv-01724 GEB CMK

6
Plaintiff,

AGREED ORDER COMPELLING REPAYMENT OF FICTITIOUS BOND
FROM DAVID GREEN AND
MONICA ZUKROW [RIC-J(1)]

7
v.
8
9
10

SECURE INVESTMENT SERVICES, INC.,
AMERICAN FINANCIAL SERVICES, INC.,
LYNDON GROUP, INC., DONALD F.
NEUHAUS, and KIMBERLY A. SNOWDEN,

11

Defendants.

12
13
14

On this day the Court considered the Receiver’s Motions to Compel Re-Payment of

15

Fictitious Bond from David Green and Monica Zukrow [RIC-J(1)]. (Docs. 840, 841.) Having

16

carefully considered the Motions, the pleadings and papers on file in this case, and the agreed

17

nature of this order, the Court is of the opinion, and so finds, that the Motions should be granted

18

in part and denied in part. Accordingly,

19

It is ORDERED that Monica Zukrow (“Zukrow”) shall pay the Receiver her percentage

20

share of all premium obligations for her 0.48% ownership and beneficiary interest in the RIC-

21

J(1) Policy (policy no. BU1099709) within 10 days of the issuance of a written invoice.

22

It is FURTHER ORDERED that, should Zukrow fail to fully and timely pay her share of

23

those premium obligations as they become due, then her 0.48% ownership and beneficiary

24

interest in the RIC-J(1) Policy No. BU1099709 will automatically forfeit to the receivership

25

estate and be replaced by a claim for $1,100.00 in her favor.

26
27
28
-1-

Order Compelling Payment Of Premium Sharefrom David Green[RIC-J(1)]
416863.1

1
2
3

It is FURTHER ORDERED that, if Zukrow’s ownership and beneficiary interest forfeit
to the receivership estate, Mutual of Omaha is ORDERED to change its records to reflect and
effectuate that transfer.

4
5
6

It is FURTHER ORDERED that, if the RIC-J(1) Policy matures, Zukrow shall pay
$900.00 to the Receiver within 5 days after she receives any death benefit proceeds for that
policy.

7
8
9

It is FURTHER ORDERED that David Green (“Green”) shall pay the Receiver his
percentage share of all premium obligations for his 0.48% ownership and beneficiary interest in
the RIC-J(1) Policy (policy no. BU1099709) within 10 days of the issuance of a written invoice.

10
11
12
13

It is FURTHER ORDERED that, should Green fail to fully and timely pay his share of
those premium obligations as they become due, then his 0.48% ownership and beneficiary
interest in the RIC-J(1) Policy No. BU1099709 will automatically forfeit to the receivership
estate and be replaced by a claim for $1,100.00 in his favor.

14
15
16

It is FURTHER ORDERED that, if Green’s ownership and beneficiary interest forfeit to
the receivership estate, Mutual of Omaha is ORDERED to change its records to reflect and
effectuate that transfer.

17
18

It is FURTHER ORDERED that, if the RIC-J(1) Policy matures, Green shall pay $900.00
to the Receiver within 5 days after he receives any death benefit proceeds for that policy.

19

Date: 7/8/2011

20
21

_________________________
GARLAND E. BURRELL, JR.
United States District Judge

22
23
24
DEAC_Signature-END:

25
26
27
28
-2-

Order Compelling Payment Of Premium Sharefrom David Green[RIC-J(1)]
416863.1