Securities and Exchange Commission v. eAdGear, Inc. et al
Filing
73
SECOND AMENDED ORDER GRANTING PRELIMINARY INJUNCTION. Signed by Judge Richard Seeborg on 3/13/15. (cl, COURT STAFF) (Filed on 3/16/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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12 SECURITIES AND EXCHANGE COMMISSION, Case No. 3:14-CV-04294-RS
Plaintiff,
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v.
[PROPOSED] SECOND AMENDED
ORDER GRANTING PRELIMINARY
INJUNCTION
15 EADGEAR, INC., EADGEAR HOLDINGS
LIMITED, CHARLES S. WANG, FRANCIS Y.
16 YUEN, AND QIAN CATHY ZHANG,
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Defendants,
18 LAURATA P. CHAN,
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Relief Defendant.
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This matter came before the Court upon the Motion of Plaintiff Securities and Exchange
Commission (“SEC”) for a Preliminary Injunction as to each of the Defendants, and as to the Relief
Defendant, in which the SEC seeks: (1) Preliminary injunctions against the Defendants from
engaging in specified conduct; (2) An asset freeze as to each of the Defendants, and as to specified
assets of the Relief Defendant; (3) An order requiring repatriation of assets; (4) An order prohibiting
the destruction of documents; and (5) An order requiring an accounting as to Defendants eAdGear,
Inc. and eAdGear Holdings Limited.
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The Court, having considered the Complaint filed by the Commission in this action; the
2 parties’ briefing concerning the Commission’s motions for Temporary Restraining Order and for a
3 Preliminary Injunction; and the proceedings before the Court, finds that:
A.
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This Court has jurisdiction over the subject matter of this action, and as to all
5 parties, Defendants and Relief Defendant, and venue properly lies in this District.
B.
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The Commission has made a sufficient and proper showing in support of the
7 relief granted herein, as required by Section 20(b) of the Securities Act of 1933 (“Securities Act”) (15
8 U.S.C. § 77t(b)) and Section 21(d) of the Securities Exchange Act of 1934 (“Exchange Act”) (15
9 U.S.C. § 78u(b)) by evidence establishing a prima facie case and a reasonable likelihood that
10 Defendants eAdGear Holdings Limited, eAdGear, Inc., Charles S. Wang, Francis Y. Yuen, and Qian
11 Cathy Zhang have engaged in, are engaging in, are about to engage in, and will continue to engage in,
12 unless restrained and enjoined by order of this Court, transactions, acts, practices and courses of
13 business that constitute violations of Sections 5(a) and 5(c) of the Securities Act of 1933 (15 U.S.C.
14 §§ 77e(a), 77e(c)); Section 17(a) of the Securities Act (15 U.S.C. § 77q(a)); Section 10(b) of the
15 Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and Rule 10b-5 thereunder (17 C.F.R. §
16 240.10b-5); and that Relief Defendant Laurata P. Chan is in possession (either individually or jointly
17 with her husband, Defendant Yuen) of the proceeds of those violations and has been unjustly
18 enriched.
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C.
Good cause exists to believe that, unless restrained and enjoined by order of
20 this Court, Defendants and Relief Defendant will dissipate, conceal, or transfer from the jurisdiction
21 of this Court assets which could be subject to an order directing disgorgement or the payment of civil
22 money penalties in this action. It is therefore appropriate for the Court to issue preliminary
23 injunctions, and an asset freeze to prevent the dissipation of assets and to preserve the status quo.
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D.
Good cause exists to believe that an order requiring Defendants and the Relief
25 Defendant to repatriate all assets described in Plaintiff’s Complaint is necessary to effectuate and
26 ensure compliance with the freeze imposed on the Defendants’ and Relief Defendant’s assets.
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E.
Good cause exists to believe that an order requiring eAdGear, Inc. and
28 eAdGear Holdings Limited to provide a verified accounting of all assets, money, and property held
[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
2
CASE NO. 3:14-CV-04294-RS
1 directly or indirectly by each of them, or by others for their direct and indirect beneficial interest, is
2 necessary to effectuate and ensure compliance with the freeze imposed on their assets.
I.
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IT IS HEREBY ORDERED that the SEC’s Motion for an Order of Preliminary Injunction is
5 GRANTED.
II.
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IT IS FURTHER ORDERED that Defendants eAdGear, Inc., eAdGear Holdings Limited,
8 Charles S. Wang, Francis Y. Yuen, and Qian Cathy Zhang, and their officers, agents, servants,
9 employees, attorneys, subsidiaries, and affiliates, and those persons in active concert or participation
10 with any of them who receive actual notice of this Order, by personal service or otherwise, and each
11 of them, be and hereby are preliminarily restrained and enjoined until further order by this Court
12 from, directly or indirectly, in the absence of any applicable exemption:
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A.
Unless a registration statement is in effect as to a security, making use of any
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means or instruments of transportation or communication in interstate commerce or of the
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mails to sell such security through the use or medium of any prospectus or otherwise;
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B.
Unless a registration statement is in effect as to a security, carrying or causing
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to be carried through the mails or in interstate commerce, by any means or instruments of
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transportation, any such security for the purpose of sale or for delivery after sale; or
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C.
Making use of any means or instruments of transportation or communication in
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interstate commerce or of the mails to offer to sell or offer to buy through the use or medium
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of any prospectus or otherwise any security, unless a registration statement has been filed with
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the SEC as to such security, or while the registration statement is the subject of a refusal order
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or stop order or (prior to the effective date of the registration statement) any public proceeding
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or examination under Section 8 of the Securities Act, 15 U.S.C. § 77h;
25 in violation of Section 5 of the Securities Act, 15 U.S.C. § 77e.
III.
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IT IS FURTHER ORDERED that Defendants eAdGear, Inc., eAdGear Holdings Limited,
28 Charles S. Wang, Francis Y. Yuen, and Qian Cathy Zhang, and their officers, agents, servants,
[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
3
CASE NO. 3:14-CV-04294-RS
1 employees, attorneys, subsidiaries, and affiliates, and those persons in active concert or participation
2 with any of them, who receive actual notice of this Order, by personal service or otherwise, and each
3 of them, be and hereby are preliminarily restrained and enjoined until further order by this Court
4 from, directly or indirectly, in the offer or sale of any securities, by the use of any means or
5 instruments of transportation or communication in interstate commerce or by the use of the mails:
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A.
Employing any device, scheme or artifice to defraud;
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B.
Obtaining money or property by means of any untrue statement of a material
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fact or any omission to state a material fact necessary in order to make the statements made, in
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light of the circumstances under which they were made, not misleading; or
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C.
Engaging in any transaction, practice, or course of business which operates or
would operate as a fraud or deceit upon the purchaser;
12 in violation of Section 17(a) of the Securities Act, 15 U.S.C. § 77q(a).
IV.
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IT IS FURTHER ORDERED that Defendants eAdGear, Inc., eAdGear Holdings Limited,
15 Charles S. Wang, Francis Y. Yuen, and Qian Cathy Zhang, and their officers, agents, servants,
16 employees, attorneys, subsidiaries, and affiliates, and those persons in active concert or participation
17 with any of them, who receive actual notice of this Order, by personal service or otherwise, and each
18 of them, be and hereby are preliminarily restrained and enjoined until further order by this Court
19 from, directly or indirectly, in connection with the purchase or sale of any security, by the use of any
20 means or instrumentality of interstate commerce, or of the mails, or of any facility of any national
21 securities exchange:
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A.
Employing any device, scheme or artifice to defraud;
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B.
Making any untrue statement of a material fact or omitting to state a material
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fact necessary in order to make the statements made, in the light of the circumstances under
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which they were made, not misleading; or
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C.
Engaging in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person;
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[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
4
CASE NO. 3:14-CV-04294-RS
1 in violation of Section 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, 17
2 C.F.R. § 240.10b-5.
V.
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IT IS FURTHER ORDERED that, except as otherwise ordered by this Court, Defendants
5 eAdGear Holdings Limited, eAdGear, Inc., Charles S. Wang, Francis Y. Yuen, and Qian Cathy
6 Zhang, their agents, servants, employees, attorneys, and those persons in active concert or
7 participation with any of them, who receive actual notice of this Order, by personal service or
8 otherwise, and each of them, be and hereby are preliminarily restrained and enjoined until further
9 order by this Court from directly or indirectly participating in the issuance, offer, or sale of any
10 security of any entity controlled by, or under joint control with, any of them, including but not limited
11 to securities of eAdGear (or of eAdGear Holdings Limited or of eAdGear, Inc.), and in particular:
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a.
This prohibition includes but is not limited to the securities described as “business
13 packages” or “memberships” marketed by Defendants or any of them, including through the websites
14 found at: www.eadgear.com, www.eadgear.net, www.winteam777.com, and www.winteam168.com;
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b.
This prohibition includes but is not limited to the offer or sale of securities, and the
16 acceptance of any money or anything of value by Defendants for such securities, through the websites
17 (or through the instructions provided in the websites) found at: www.eadgear.com, www.eadgear.net,
18 www.winteam777.com, and www.winteam168.com.
VI.
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IT IS FURTHER ORDERED that, except as otherwise ordered by this Court, Defendants
21 eAdGear Holdings Limited, eAdGear, Inc., Charles S. Wang, Francis Y. Yuen, and Qian Cathy
22 Zhang, their agents, servants, employees, attorneys, and those persons in active concert or
23 participation with any of them, who receive actual notice of this Order, by personal service or
24 otherwise, and each of them, be and hereby are preliminarily restrained and enjoined until further
25 order by this Court from directly or indirectly soliciting any person or entity to purchase or sell any
26 security.
VII.
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IT IS FURTHER ORDERED that, except as otherwise ordered by this Court:
[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
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CASE NO. 3:14-CV-04294-RS
1
a.
Defendants eAdGear, Inc., eAdGear Holdings Limited, Charles S. Wang, Francis Y.
2 Yuen, and Qian Cathy Zhang, and their officers, agents, servants, employees, attorneys, subsidiaries,
3 and affiliates, and those persons in active concert with them, who receive actual notice of this Order,
4 by personal service or otherwise, and each of them, be and hereby are preliminarily restrained and
5 enjoined until further order by this Court from, directly or indirectly, transferring, assigning, selling,
6 hypothecating, changing, wasting, dissipating, converting, concealing, encumbering, or otherwise
7 disposing of, in any manner, any funds, assets, securities, claims or other real or personal property,
8 including any notes or deeds of trust or other interest in real property, wherever located, of any one of
9 the Defendants, or their subsidiaries or affiliates, owned by, controlled by, managed by or in the
10 possession or custody of any of them and from transferring, encumbering dissipating, incurring
11 charges or cash advances on any debit or credit card of the credit arrangement of any one of the
12 Defendants, or their subsidiaries and affiliates; and
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b.
Relief Defendant Laurata P. Chan, and her, agents, servants, employees, and attorneys,
14 and those persons in active concert with them, who receive actual notice of this Order, by personal
15 service or otherwise, and each of them, be and hereby are preliminarily restrained and enjoined until
16 further order by this Court from, directly or indirectly, transferring, assigning, selling, hypothecating,
17 changing, wasting, dissipating, converting, concealing, encumbering, or otherwise disposing of, in
18 any manner, any funds, assets, securities, claims or other real or personal property, including any
19 notes or deeds of trust or other interest in real property, wherever located, of, or owned by, controlled
20 by, managed by or in the possession or custody of the Relief Defendant to the extent such funds,
21 assets, securities, claims or other real or personal property constitutes or is derived from the proceeds
22 of, or is otherwise related to, the activities set forth in the Complaint.
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This Order specifically applies to (but is not limited to) the following real property:
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1. 37 Mount Horeb Road, Warren, New Jersey 07059
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2. 7638 Ridgeline Drive, Dublin, CA 94568
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The Commission also is permitted to record this asset freeze in the appropriate recorder’s
27 office reflecting that these properties may be the subject of litigation.
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[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
6
CASE NO. 3:14-CV-04294-RS
1
This Order specifically applies to each of the Defendants, and to the Relief Defendant, who
2 are also known by the following names:
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Defendant CHARLES S. WANG, who is also known as WANG SHENG GUO and
4 CHARLES SHENG GUO WANG;
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Defendant FRANCIS Y. YUEN, who is also known as YUEN YUI KI and FRANCIS YUI KI
6 YUEN;
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Defendant QIAN CATHY ZHANG, who is also known as QIAN ZHANG and QIAN
8 ZHANG WANG; and
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Relief Defendant LAURATA P. CHAN, who is also known as CHAN PO LEE and
10 LAURATA PO LEE CHAN.
VIII.
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IT IS FURTHER ORDERED that, except as otherwise ordered by this Court, a freeze shall
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a.
All monies and assets in all accounts at any bank, financial institution or brokerage
15 firm, or third-payment payment processor, all certificates of deposit, and other funds or assets, held in
16 the name of, for the benefit of, or over which account authority is held by Defendants eAdGear
17 Holdings Limited, eAdGear, Inc., Charles S. Wang, Francis Y. Yuen, and/or Qian Cathy Zhang
18 (subject to the permitted use of the accounts and assets designated for the purpose of paying living
19 expenses, mortgages owed, and taxes owed as described in paragraph IX, below); and
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b.
Those monies and assets that constitute or are derived from the proceeds of, or are
21 otherwise related to, the activities set forth in the Complaint in accounts at any bank, financial
22 institution or brokerage firm, or third-payment payment processor, all certificates of deposit, and
23 other funds or assets, including real or personal property, held in the name of, for the benefit of, or
24 over which account authority is held by Relief Defendant Laurata P. Chan (subject to the permitted
25 use of the accounts and assets designated for the purpose of paying living expenses, mortgages owed,
26 and taxes owed as described in paragraph IX, below);
27 including but not limited to, the accounts listed below:
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[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
7
CASE NO. 3:14-CV-04294-RS
Bank
Account Number
eAdGear, Inc.
Bank of America
REDACTED 795
Charles S. Wang
Bank of China
4 REDACTED 000
Francis Y. Yuen and Laurata Po Lee
5 Chan
Bank of the West
REDACTED 880
6 Francis Y. Yuen and Laurata Po Lee
Chan
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Francis Y. Yuen dba Emerald Consulting
8 Company
Bank of the West
REDACTED 749
Bank of the West
REDACTED 067
Charles S. Wang
China Citic Bank
REDACTED 920
eAdGear Holdings Limited
Citibank
REDACTED 670
eAdGear Holdings Limited
Hang Seng Bank
REDACTED 883
eAdGear Holdings Limited
HSBC
REDACTED 838
Charles S. Wang
HSBC
REDACTED 888
Charles S. Wang
HSBC
REDACTED 001
Charles S. Wang and Qian Zhang Wang
JP Morgan Chase Bank
REDACTED 797
Charles S. Wang and Qian Zhang Wang
JP Morgan Chase Bank
REDACTED 816
Charles S. Wang and Joice Wang
JP Morgan Chase Bank
REDACTED 117
Charles S. Wang and Jennifer Wang
JP Morgan Chase Bank
REDACTED 847
Charles S. Wang and Jennifer Wang
JP Morgan Chase Bank
REDACTED 058
Charles S. Wang and Joice J. Wang
JP Morgan Chase Bank
REDACTED 419
Qian Zhang Wang
JP Morgan Chase Bank
REDACTED 066
Express Consulting Inc.
JP Morgan Chase Bank
REDACTED 984
Express Consulting Inc.
JP Morgan Chase Bank
REDACTED 655
Jeffrey Yuen and Francis Y. Yuen
JP Morgan Chase Bank
REDACTED 363
Francis Y. Yuen
JP Morgan Chase Bank
REDACTED 470
Francis Y. Yuen
JP Morgan Chase Bank
REDACTED 668
Laurata P. Chan
JP Morgan Chase Bank
REDACTED 437
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Account Name
Banks
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[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
8
CASE NO. 3:14-CV-04294-RS
JP Morgan Chase Bank
REDACTED 707
Francis Y. Yuen and Laurata Po Lee
2 Chan
Wells Fargo Bank
REDACTED 249
3 Francis Y. Yuen and Laurata Po Lee
Chan
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Francis Y. Yuen and Laurata Po Lee
5 Chan
Wells Fargo Bank
REDACTED 030
Wells Fargo Bank
REDACTED 181
6 Francis Y. Yuen and Laurata Po Lee
Chan
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Payment Processors
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eAdGear
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Wells Fargo Bank
REDACTED 998
Cyberprofit
REDACTED
10 eAdGear
Focal Payments
REDACTED
11 eAdGear
Glbpay
REDACTED 566
12 eAdGear
Glbpay
REDACTED 546
13 eAdGear
IPS
REDACTED 547
14 eAdGear
IPS
REDACTED 359
15 eAdGear
IPS
REDACTED 979
16 eAdGear
IPS
REDACTED 359
17 eAdGear
IPS
REDACTED 360
18 eAdGear
IPS
REDACTED 361
19 eAdGear
Payza
REDACTED
20 eAdGear
Secure Pay
REDACTED 01m
21 eAdGear
SolidTrustPay
REDACTED
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Laurata P. Chan
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Any bank, financial institution or brokerage firm, or third-party payment processor holding
such monies and assets described above, who receives actual notice of this Order, by personal service
or otherwise, including facsimile transmissions, electronic mail, or overnight delivery service, shall
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[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
9
CASE NO. 3:14-CV-04294-RS
1 hold and retain within its control and prohibit the withdrawal, removal, transfer or other disposal of
2 any such funds or other assets except as otherwise ordered by this Court.
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This Order specifically applies to each of the Defendants, and to the Relief Defendant, who
4 are also known by the following names:
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Defendant CHARLES S. WANG, who is also known as WANG SHENG GUO and
6 CHARLES SHENG GUO WANG;
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Defendant FRANCIS Y. YUEN, who is also known as YUEN YUI KI and FRANCIS YUI KI
8 YUEN;
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Defendant QIAN CATHY ZHANG, who is also known as QIAN ZHANG and QIAN
10 ZHANG WANG; and
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Relief Defendant LAURATA P. CHAN, who is also known as CHAN PO LEE and
12 LAURATA PO LEE CHAN.
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IX.
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IT IS FURTHER ORDERED that the asset freeze set forth above is subject to the below
15 allowance to permit the payment of living expenses, certain specified mortgages, and property tax
16 payments, as follows:
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a.
Defendant Charles S. Wang and Defendant Qian Cathy Zhang are together permitted
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to use $1,850 per month for the payment of living expenses out of JP Morgan Chase
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Bank account number XXXXX7816.
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b.
Defendant Charles S. Wang and Defendant Qian Cathy Zhang are together permitted
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to use $2,506 per month for the payment of the mortgage at 37 Mount Horeb Road,
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Warren, New Jersey 07059 when those payments are due out of JP Morgan Chase
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Bank account number XXXXX7816.
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c.
Defendant Charles S. Wang and Defendant Qian Cathy Zhang are together permitted
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to use the amounts necessary to pay for the escrow payment (taxes and insurance) on
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37 Mount Horeb Road, Warren, New Jersey 07059 when those taxes are due (currently
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estimated at $1,994.90 monthly) out of JP Morgan Chase Bank account number
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XXXXX7816.
[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
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CASE NO. 3:14-CV-04294-RS
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d.
Wells Fargo Bank account number XXX-XXX8183 in the name of Francis Y. Yuen
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and Laurata Po Lee Chan is excepted from Paragraph VIII of this Order to permit the
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allowances set forth in (e) through (g) below. By this Order, Wells Fargo is not
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required to freeze account XXX-XXX8183 or monitor it in any fashion. Defendant
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Francis Y. Yuen and Relief Defendant Laurata P. Chan are together responsible for
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complying with this Order and ensuring that no more than the allowances set forth in
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(e) through (g) below are withdrawn or otherwise removed from the account.
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e.
permitted to use $2,956.02 per month for the payment of living expenses out of Wells
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Fargo Bank account number XXX-XXX8183.
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Defendant Francis Y. Yuen and Relief Defendant Laurata P. Chan are together
f.
Defendant Francis Y. Yuen and Relief Defendant Laurata P. Chan are together
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permitted to use $2,355.37 per month for the payment of the home equity loan on
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account number XXX XXXXXXX 1998 when those payments are due out of Wells
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Fargo Bank account number XXX-XXX8183.
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g.
Defendant Francis Y. Yuen and Relief Defendant Laurata P. Chan are together
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permitted to use the amount necessary for the payment of property taxes on 7638
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Ridgeline Drive, Dublin, CA 94568 when those taxes are due (currently estimated at
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$7,662.37 bi-annually) out of Wells Fargo Bank account number XXX-XXX8183.
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h.
Defendant Francis Y. Yuen and Relief Defendant Laurata P. Chan are together
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permitted to use the amount necessary for the payment of property taxes on 5158
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Stone Canyon Drive, Castro Valley, CA 94552 when those taxes are due (currently
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estimated at $5,823.04 bi-annually) out of Wells Fargo Bank account number XXX-
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XXX8183.
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X.
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IT IS FURTHER ORDERED that, within seven (7) days from the entry of this Order:
26
a.
Defendants eAdGear, Inc., eAdGear Holdings Limited, Charles S. Wang, Francis Y.
27 Yuen, and Qian Cathy Zhang and each of them and any other person who receives notice of this
28 Order, shall transfer to the registry of this Court assets, funds and other property held in foreign
[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
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CASE NO. 3:14-CV-04294-RS
1 locations in the name of any Defendant or any person acting in active concert or participation with
2 any of them, or for the benefit or under the direct or indirect control of any of them, or over which
3 any of them exercises control or signatory authority, whether by wire transfer, third-party payment
4 processor or otherwise, at the direction of either Defendants or any of their agents, representatives,
5 advisors, or anyone acting in active concert or participation with any of them.
6
b.
Relief Defendant Laurata P. Chan shall transfer to the registry of this Court assets,
7 funds and other property, that constitute or are derived from the proceeds of, or are otherwise related
8 to, the activities set forth in the Complaint, which are held in foreign locations in the name of Relief
9 Defendant or any person acting in active concert or participation with her, or for the benefit or under
10 the direct or indirect control of any of them, or over which any of them exercises control or signatory
11 authority, whether by wire transfer, third-party payment processor or otherwise, at the direction of
12 Relief Defendant or any of her agents, representatives, advisors, or anyone acting in active concert or
13 participation with any of them.
XI.
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15
IT IS FURTHER ORDERED that any person who receives actual notice of this Order by
16 personal service or otherwise, and who holds, possesses or controls assets exceeding $5,000 for the
17 account or benefit of any one of the Defendants or Relief Defendants, shall within seven (7) days of
18 receiving actual notice of this Order, by personal service or otherwise, provide counsel for the SEC
19 with a written statement (by mail, or e-mail, directed to: Susan F. LaMarca, Securities and Exchange
20 Commission, 44 Montgomery Street, Suite 2800, San Francisco, CA 94104, lamarcas@sec.gov)
21 identifying all such assets, the value of such assets, or best approximation thereof, and any account
22 numbers or account names in which the assets are held.
XII.
23
24
IT IS FURTHER ORDERED that Defendants eAdGear, Inc. and eAdGear Holdings Limited,
25 within seven (7) days of receiving actual notice of this Order, by personal service or otherwise, shall
26 prepare and deliver to the SEC a detailed and complete accounting, which shall include:
27
1.
A complete schedule of all transfers or payments of funds to eAdGear, Inc. and to
28 eAdGear Holdings Limited, and to any other entity controlled by them, from investors or “members”
[PROPOSED] SECOND AMENDED ORDER OF
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CASE NO. 3:14-CV-04294-RS
1 or “business packages” in connection with the misconduct described in the Complaint (the
2 identification shall include the amount of each such transfer or payment, the date of the transfer or
3 payment, and the name, address, account number and financial institution of the party making and the
4 party receiving the transfer or payment);
2.
5
A complete schedule, in detail, of the precise disposition of each transfer or payment
6 identified in response to paragraph 1 above and all assets derived therefrom, including but not limited
7 to:
8
a.
the nature and results of any investment in which the funds were used;
9
b.
any subsequent transfer or payment of the funds (the identification shall include the
10 amount of each such transfer or payment, the date of the transfer or payment, the name, address,
11 account number and financial institution of the party making and receiving the transfer or payment,
12 and the reason for the transfer or payment); and
13
c.
any fees or expenses charged and a detailed statement of the nature and purpose of
14 such fees and expenses.
15
3.
A complete schedule identifying, by name and address, all persons, entities and
16 accounts currently holding funds or assets derived from the transfers or payments described in
17 paragraph 1 above and the reason each received the funds or assets (the identification shall include
18 the amount each received, the date received, the reason received, the institution and account number
19 or location in which the funds or other assets are held and the name, address, account number and
20 financial institution of the person or entity who provided each with the funds or other assets);
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4.
A complete schedule identifying assets of every type and description with a value of at
22 least five hundred dollars ($500) presently owned by or held for the direct or indirect benefit, or
23 subject to the direct or indirect control, of eAdGear, Inc. or eAdGear Holdings Limited, whether in
24 the United States or elsewhere; and,
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5.
A complete schedule of all accounts in the name of eAdGear, Inc. or eAdGear
26 Holdings Limited, held at any bank, securities, and other financial institution, identified by
27 institution, branch address and account number, from July 1, 2010 through the present.
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[PROPOSED] SECOND AMENDED ORDER OF
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CASE NO. 3:14-CV-04294-RS
1
Such accounting shall be filed with the Court and a copy shall be delivered to the SEC to the
2 attention of Susan F. LaMarca. After completion of the accounting, Defendants eAdGear, Inc. and
3 eAdGear Holdings Limited shall produce to the SEC at a time agreeable to the SEC, all books,
4 records and other documents supporting or underlying their accounting.
XIII.
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6
IT IS FURTHER ORDERED that, except as otherwise ordered by this Court, each of the
7 Defendants eAdGear, Inc., eAdGear Holdings Limited, Charles S. Wang, Francis Y. Yuen, and Qian
8 Cathy Zhang, and Relief Defendant Laurata P. Chan, and their officers, agents, servants, employees,
9 attorneys, subsidiaries, and affiliates, and those persons in active concert or participation with any of
10 them, who receive actual notice of this Order, by personal service or otherwise, and each of them, be
11 and hereby are preliminarily restrained and enjoined until further by this Court from, directly or
12 indirectly: destroying, mutilating, concealing, transferring, altering, or otherwise disposing of, in any
13 manner, any documents, which includes all books, records, computer programs, computer files,
14 computer printouts, contracts, emails, correspondence, memoranda, brochures, or any other
15 documents of any kind in their possession, custody or control, however created, produced, or stored
16 (manually, mechanically, electronically, or otherwise), pertaining in any manner to Defendants
17 eAdGear, Inc., eAdGear Holdings Limited, Charles S. Wang, Francis Y. Yuen, and Qian Cathy
18 Zhang, and Relief Defendant Laurata P. Chan.
19
20 IT IS SO ORDERED.
21
13
22 Dated: March __, 2015
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24
25
________________________________
RICHARD G. SEEBORG
UNITED STATES DISTRICT JUDGE
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27
28
[PROPOSED] SECOND AMENDED ORDER OF
PRELIMINARY INJUNCTION
14
CASE NO. 3:14-CV-04294-RS
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