United States of America v. Heineman et al

Filing 12

ORDER TO SHOW CAUSE re Preliminary Injunction, Order to Show Cause Hearing set for 8/1/2005 01:00 PM. Show Cause Response due by 7/18/2005. Government may reply by 7/25/2005. Signed by Judge William Alsup on 7/6/05. (dt, COURT STAFF) (Filed on 7/6/2005)

United States of America v. Heineman et al

Doc. 12

Case 3:05-cv-02730-WHA

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Filed 07/06/2005

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KEVIN V. RYAN (CSBN 118321) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division STEVE N J. SALTIEL (CSBN 202292) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT

10 NOR THE RN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) DALE SCOTT HEINEMAN and KURT F. ) JOHNSON, d/b/a THE DOREAN GROUP, ) THE OXFORD TRUST and UNIVERSAL ) TRUST, ) ) Defendants. ) ) No. C 05-02730 WHA ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION [Fed. R. Civ. P. 65; 18 U.S.C. § 1345]

To Defendants DALE SCOTT HEINEMAN and KURT F. JOHNSON YOU ARE HEREBY ORDERED TO SHOW CAUSE at 1:00 pm on August 1, 2005, or as soon thereafter as counsel may be heard, before the Hon. States Courthouse, Courtroom William Alsup in the United

9 , 450 Golden Gate Avenue, San Francisco, CA 94102, why

you, your officers, agents, brokers and employees, should not be restrained and enjoined pending trial of this action from further violating 18 U.S.C. § 1341 (Mail Fraud), 18 U.S.C. § 1343 (Wire Fraud), and 18 U.S.C. § 1344 (Bank Fraud) through your "mortgage elimination" program, and from alienating or disposing of property obtained as a result of said violations. \\ TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE No.
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Case 3:05-cv-02730-WHA

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PENDING THE HEARING of the aforesaid Order to Show Cause, you, your officers, agents, brokers, attorneys and employees are HEREBY RESTRAINED AND ENJOINED from the following: (A) Engaging in any activities related to their mortgage elimination scheme, inclu ding: (1) Advertising their debt elimination services via the Internet, telephone, or any other wire communication, or by mail (whether by commercial carrier or United States Postal Service carrier), to any individual and/or any enti ty; (2) (3) (4) Soliciting or receiving fees from any individual or entity; Creating any trusts, or entering any trust agreements; Delivering, sending, mailing, or wiring "presentment packets" to lenders, or any documents that purport to appoint themselves as the lender's agent or attorney-in-fact, or that demand that the lender acquiesce in the scheme; (5) Filing or recording any documents with any county clerk, or county recorder's office, or registers of deeds; (6) Receiving proceeds from refinanced loans and/or sale of properties to which defendants have applied their mortgage elimination program; (7) Offering, providing, and/or sharing of advice, including but not limited to seminars, tutorials, and conferences, relating in any way to the Dorean Group's practices. (B) Withdrawing, transferring, removing, dissipating, and disposing of property obtained as a result of its fraudulent conduct, and freezing defendants' assets that they obtained as a result of the fraud, including funds in the following back accounts: Account No. 03916839 Account Name: Lasting Legacy Trust Fremont Bank 32000 Alvarado Boulevard Union City, California 94587 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE No. 2

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE No. 3 This Order to Show Cause and supporting papers must be served on defendant no later than Ju ly 8 , 2005. Any response or opposition to this Order to Show Cause must be filed and Account No. 03916847 Account Name: Cancer-Free Trust Fremont Bank 32000 Alvarado Boulevard Union City, California 94587

served on plaintiff's counsel on or before July 18 , 2005. The Government may reply by July 25, 2005. DATED: July 6, 2005 ________________________________ UNITED STATES DISTRICT JUDGE