Securities and Exchange Commission v. Vassallo et al

Filing 362

ORDER directing banks and/or financial institutions to produce documents concerning EIMT funds transferred to J.R. Trust signed by Senior Judge Lawrence K. Karlton on 10/19/10. (Kaminski, H)

Download PDF
Securities and Exchange Commission v. Vassallo et al Doc. 362 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: (415) 399-3840 4 Facsimile: (415) 399-3838 jdupree@fddcm.com 5 jtouchstone@fddcm.com 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 BANKS AND/OR FINANCIAL INSTITUTIONS TO PRODUCE DOCUMENTS CONCERNING EIMT FUNDS TRANSFERRED TO J.R. TRUST 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: On August 12, 2008, EIMT transferred $2,500,000 of investor funds from its Wells Fargo 25 Bank Account Number XXXXXX6681 ("EIMT Account") to Wells Fargo Bank Account 26 Number XXXXXX2269, an account which is held in the name of J.R. Trust ("J.R. Trust 27 Account"). The $2,500,000 was wired to J.R. Trust in connection with a bank note trading 28 "investment" facilitated by a company called Global Mergers & Acquisitions, Inc. ("Global FUTTERMAN DUPREE 1 DODD CROLEY MAIER LLP [PROPOSED] ORDER DIRECTING BANKS AND/OR FINANCIAL INSTITUTIONS TO PRODUCE DOCS. RE J.R. TRUST CASE NO. CV 09-000665 LKK-DAD Dockets.Justia.com 1 Mergers") and its Chief Executive Officer William Alfred Hayward. Receiver located a signed 2 "Transaction Agreement" entered into between EIMT and Global Mergers, but has been unable 3 to discern any legitimate business reason for the transaction which did not financially benefit 4 EIMT. 5 To facilitate Receiver's investigation in tracing the disposition of EIMT investor funds, 6 any and all banks and/or financial institutions, including, but not limited to Wells Fargo Bank, 7 are direct to provide information and documentation to Receiver tracing where the $2,500,000 8 withdrawn from the EIMT Account on August 12, 2008, went, including after its deposit into 9 the J.R. Trust Account at Wells Fargo Bank, including, but not limited to all bank statements and 10 other documentation reflecting receipts by, disbursements from, and transfers to/from such 11 account(s), account number(s) and account holder identification. 12 Any and all banks and/or financial institutions, including, but not limited to Wells Fargo 13 Bank are hereby further directed to cooperate fully with Receiver in his investigation and 14 inquiries on behalf of this Court. 15 16 17 Dated: October 19, 2010 18 19 20 21 22 23 24 25 26 27 28 FUTTERMAN DUPREE DODD CROLEY MAIER LLP IT IS SO ORDERED. 2 [PROPOSED] ORDER DIRECTING BANKS AND/OR FINANCIAL INSTITUTIONS TO PRODUCE DOCS. RE J.R. TRUST CASE NO. CV 09-000665 LKK-DAD

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?