Securities and Exchange Commission v. Vassallo et al

Filing 262

ORDER signed by Senior Judge Lawrence K. Karlton on 4/22/2010 re #260 ORDERING that AT&T, Skype and Yahoo are each further directed to cooperate fully with Receiver in Receiver's activities, investigation and inquiries on behalf of this Court. (Duong, D)

1 FUTTERMAN DUPREE DODD CROLEY MAIER LLP JAMIE L. DUPREE (158105) 2 JAIME G. TOUCHSTONE (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 18 On April 30, 2009, this Court filed the Order Appointing Temporary Receiver for Equity UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO Case No. CV 09-000665 LKK-DAD ORDER DIRECTING AT&T, SKYPE AND YAHOO EACH TO PRODUCE DOCUMENTS AND INFORMATION CONCERNING VASSALLO ACCOUNTS Judge Lawrence K. Karlton

19 Investment Management and Trading, Inc. ("EIMT") and Order to Show Cause for Appointment 20 of Permanent Receiver ("OAR") and on July 31, 2009, the Court filed an Order permanently 21 appointing Receiver. Pursuant to the OAR, for good cause shown, and in order to empower and 22 authorize the Receiver to carry out his duties and obligations, 23 24 THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS: Receiver has been working diligently to locate and marshal assets of Defendant Equity

25 Investment Management Trading, Inc. ("EIMT"). During his investigation, Receiver has had 26 limited access to books and records concerning EIMT. Some records concerning EIMT were 27 seized by the Federal Bureau of Investigation, were transferred to Washington, D.C., and may 28
FUTTERMAN DUPREE DODD CROLEY MAIER LLP

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[PROPOSED] ORDER DIRECTING AT&T, SKYPE AND YAHOO TO PRODUCE DOCUMENTS AND INFORMATION CASE NO. CV 09-000665 LKK-DAD

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1 never be made available to Receiver. Receiver is still working to understand some of the "exotic" 2 investments made by EIMT (many of which appear to be fraudulent). 3 Receiver's investigation has revealed that Defendant Anthony Vassallo used the following

4 communication accounts ("Vassallo Accounts") when he operated EIMT: 5 6 · · · AT&T Phone Number: [phone]; Skype Phone Number: [phone], Identification "Anthony200012"; and Yahoo E-Mail Account: [e-mail]

7 Receiver believes that Vassallo used the Vassallo Accounts to communicate with potential and 8 actual investors, to communicate with entities with which he invested EIMT funds, and to 9 communicate with other third parties concerning EIMT. Receiver believes information from the 10 Vassallo Accounts will facilitate his tracing and recovery of receivership assets, particularly the 11 more "exotic" investments made by EIMT after it stopped trading at brokerage houses. 12 To further assist Receiver's effort to locate and marshal possible EIMT investor money

13 and to trace investor funds, the Court directs AT&T, Skype and Yahoo each to provide 14 information and documentation concerning the Vassallo Accounts which will assist Receiver to 15 marshal assets and recover EIMT investor funds for the period of January 1, 2004 to March 10, 16 2009 (the day before this action was filed), including, but not limited to account holder 17 information, statements and invoices reflecting phone calls to and from such accounts, records 18 reflecting the content of any telephone conferences for such accounts, and records reflecting e19 mails received by and sent from such accounts. 20 AT&T, Skype and Yahoo are each further directed to cooperate fully with Receiver in

21 Receiver's activities, investigation and inquiries on behalf of this Court. 22 23 24 Dated: April 22, 2010 25 26 27 28
FUTTERMAN DUPREE DODD CROLEY MAIER LLP

IT IS SO ORDERED.

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[PROPOSED] ORDER DIRECTING AT&T, SKYPE AND YAHOO TO PRODUCE DOCUMENTS AND INFORMATION CASE NO. CV 09-000665 LKK-DAD

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