Securities and Exchange Commission v. Vassallo et al

Filing 204

ORDER signed by Senior Judge Lawrence K. Karlton on 12/11/09 ORDERING that Bank of America is directed to cooperate fully with Receiver in transmitting documents and freezing the accounts and in Receiver's activities, investigation and inquiries on behalf of this Court. (Becknal, R)

1 FUTTERMAN DUPREE DODD CROLEY MAIER LLP JAMIE L. DUPREE (158105) 2 JAIME E. GODIN (233187) 180 Sansome Street, 17th Floor 3 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] 5 [e-mail] 6 Attorneys for Receiver Stephen E. Anderson 7 8 9 10 11 SECURITIES AND EXCHANGE COMMISSION, 12 Plaintiff 13 v. 14 ANTHONY VASSALLO, et al, 15 Defendants. 16 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO Case No. CV 09-000665 LKK-DAD ORDER DIRECTING BANK OF AMERICA TO PRODUCE DOCUMENTS RE LOMBARDIAN ROYAL TRUST ACCOUNT(S) AND FREEZING ACCOUNT(S) Judge Lawrence K. Karlton

On April 30, 2009, this Court filed the Order Appointing Temporary Receiver for Equity

18 Investment Management and Trading, Inc. ("EIMT") and Order to Show Cause for Appointment 19 of Permanent Receiver ("OAR") and on July 31, 2009, the Court filed an Order permanently 20 appointing Receiver. Pursuant to the OAR, for good cause shown, and in order to empower and 21 authorize the Receiver to carry out his duties and obligations, 22 23 THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS: Receiver's investigation has revealed that on or before August 17, 2007, Defendant

24 Anthony Vassallo opened a Pure Trust (PTO) in the name of Lombardian Royal Trust with Mid25 Atlantic Trust Administrators. In turn, Mid-Atlantic Trust Administrators opened at least one 26 Bank of America account in the name of Lombardian Royal Trust. Receiver believes that one or 27 more of these accounts may be held in the name of Lombardian Royal Trust, Michael Balice and/or 28 Ronald Ottaviano, or may be accounts for which Anthony Vassallo, Michael Balice and/or Ronald FUTTERMAN DUPREE 1
DODD CROLEY MAIER LLP

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[PROPOSED] ORDER DIRECTING BANK OF AMERICA TO PRODUCE DOC. RE: LOMBARDIAN ROYAL TRUST ACCTS. CASE NO. CV 09-000665 LKK-DAD

1 Ottaviano had signing authority (the "Lombardian Royal Trust Account(s)"). 2 To facilitate Receiver's investigation as to whether any Lombardian Royal Trust

3 Account(s) are still in existence, to recover any assets contained in any such Lombardian Royal 4 Trust Account(s), to trace investor funds in any and all Lombardian Royal Trust Account(s), and 5 to identify other accounts from which or to which funds were transferred relating to the 6 Lombardian Royal Trust Account(s), Bank of America is hereby directed to provide to Receiver 7 information and documentation concerning any and all Lombardian Royal Trust Account(s) 8 (including, but not limited to Bank of America Account No. XXXX-XXXX-3405) (the full 9 account number of which will be provided by Receiver to Bank of America) from January 1, 2007 to 10 the present, including, but not limited to statements and other documentation reflecting receipts 11 by and disbursements from such accounts, account numbers and account holder identification. 12 Pending Receiver's investigation, Bank of America is hereby directed to freeze any and all 13 Lombardian Royal Trust Account(s) (including, but not limited to Bank of America Account No. 14 XXXX-XXXX-3405) until further order of the Court. 15 Bank of America is hereby further directed to cooperate fully with Receiver in transmitting

16 these documents and freezing the accounts and in Receiver's activities, investigation and inquiries 17 on behalf of this Court. 18 19 20 Dated: December 11, 2009 21 22 23 24 25 26 27 28
FUTTERMAN DUPREE DODD CROLEY MAIER LLP

IT IS SO ORDERED.

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[PROPOSED] ORDER DIRECTING BANK OF AMERICA TO PRODUCE DOC. RE: LOMBARDIAN ROYAL TRUST ACCTS. CASE NO. CV 09-000665 LKK-DAD

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