United States of America v. Benson

Filing 12

ORDER by Judge Yvonne Gonzalez Rogers granting 2 Motion for TRO and sets hearing on motion for preliminary injunction. (fs, COURT STAFF) (Filed on 5/12/2014)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
OAKLAND DIVISION
8
9

UNITED STATES OF AMERICA,
Plaintiff,

10
11
12
13
14

v.
BURTON ORVILLE BENSON,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. C-14-2071 YGR
TEMPORARY RESTRAINING ORDER;
ORDER TO SHOW CAUSE RE:
PRELIMINARY INJUNCTION
[Fed. R. Civ. P. 65; 18 U.S.C. § 1345]

15
This matter came before the Court on the ex parte application of Plaintiff United States of
16
America for a temporary restraining order restraining Defendant Burton Orville Benson, pending the
17
hearing on Plaintiff’s motion for a preliminary injunction, on Plaintiff’s complaint for violation of 18
18
U.S.C. § 1341 (Mail Fraud), 18 U.S.C. § 1343 (Wire Fraud), and 18 U.S.C. § 1957 (Money Laundering)
19
through an alleged scheme to defraud the Energy, Research, and Generation, Inc. Profit Sharing Plan
20
(the “Plan”) and Plan participants. Plaintiff having presented evidence in support of the temporary
21
restraining order, and good cause for its issuance having been shown, the Court GRANTS the motion for
22
a temporary restraining order and sets a hearing on the motion for preliminary injunction as follows:
23
ORDER TO SHOW CAUSE
24
TO DEFENDANT BURTON ORVILLE BENSON (“DEFENDANT”):
25
YOU ARE HEREBY ORDERED TO SHOW CAUSE on May 22, 2014, at 2:00 p.m., in Courtroom 1,
26
Federal Courthouse, 1301 Clay Street, Oakland, California, why YOU, your officers, agents (including
27
family members, financial institutions, and other entities having possession or control of Defendant’s
28
ORDER GRANTING TEMPORARY RESTRAINING ORDER
CASE NO. 14-CV-2071 YGR

1

1 assets), brokers, attorneys, employees, and entities owned or controlled by Defendant, and all those in
2 active concert or participation with YOU should not be RESTRAINED AND ENJOINED from the following:
(A)

3

Acting as the Plan’s trustee and/or fiduciary to obtain any money under the custody or

4 control of the Plan and Plan participants;
(B)

5

Accepting, transferring, alienating, encumbering and/or disposing of, or otherwise taking

6 any action with respect to, monies received from the Plan and Plan Participants;
(C)

7

Withdrawing, transferring, removing, dissipating, and/or disposing of any funds presently

8 deposited or held on Defendant’s behalf and/or on behalf of the Plan, by any financial institution, trust
9 fund, brokerage agency or other financial agency, public or private, including, but not limited to any and
10 all funds held in the following financial institution accounts:
(1)

Charles Schwab & Company:
Account Number 3185-1514

(2)

Vanguard Group, Inc.:
Account Number 0979-182-6507
Account Number 0979-185-2555
Account Number 0979-185-2830 (Closed)
Account Number 0994-924-9198
Account Number 0995-843-2145
Account Number 0996-107-4655
Account Number 0997-586-2549
Account Number 0998-397-5224
Account Number 9961-074-6554

(3)

11

Bank of St. Croix
Account Number 330 11221

12
13
14
15
16
17
18
19
20

(D)
Withdrawing, transferring, removing, dissipating, and disposing of funds in the following
bank accounts:
(1)
Vanguard, Inc.:
22
IFW-BVI Account Number 0997-0988-224
23
(2)
Bank of St. Croix:
24
IFW-BVI Account Number 220-10003
Bay Estates Group Account Number 220-11805
25
Bay Estates Group Account Number 220-13375
Bay Estates Group Account Number 220-14037
26
21

27 //
28 //
ORDER GRANTING TEMPORARY RESTRAINING ORDER
CASE NO. 14-CV-2071 YGR

2

1

Defendant Burton Orville Benson and Intervenor Bryan D. Leyda shall file any written response

2 to the Motion for Preliminary Injunction no later than 5:00 p.m. on May 19, 2014. Plaintiff shall file
3 any reply no later than 12:00 p.m. on May 21, 2014.
4

The parties shall continue to meet and confer on the scope of any stipulated preliminary

5 injunction order and shall report the status of those discussions to the Court on May 16, 2014, at 10:00
a.m.
6
TEMPORARY RESTRAINING ORDER
7
PENDING THE HEARING on Plaintiff’s preliminary injunction, DEFENDANT BURTON ORVILLE
8
BENSON (“Defendant”), his officers, agents (including family members, financial institutions, and other
9
entities having possession or control of Defendant’s assets), brokers, attorneys, employees, and entities
10
owned or controlled by Defendant, and all those in active concert or participation with Defendant are
11
HEREBY RESTRAINED AND ENJOINED from the following:
12
(A)
Acting as the Plan’s trustee and/or fiduciary to obtain any money under the custody or
13
control of the Plan and Plan participants;
14
(B)
Accepting, transferring, alienating, encumbering and/or disposing of, or otherwise taking
15
any action with respect to, monies received from the Plan and Plan Participants;
16
(C)
Withdrawing, transferring, removing, dissipating, and/or disposing of any funds presently
17
deposited or held on Defendant’s behalf and/or on behalf of the Plan, by any financial institution, trust
18
fund, brokerage agency or other financial agency, public or private, including, but not limited to any and
19
all funds held in the following financial institution accounts:
20
(1)
Charles Schwab & Company:
21
Account Number 3185-1514
22
23
24
25
26
27
28

(2)

Vanguard Group, Inc.:
Account Number 0979-182-6507
Account Number 0979-185-2555
Account Number 0979-185-2830 (Closed)
Account Number 0994-924-9198
Account Number 0995-843-2145
Account Number 0996-107-4655
Account Number 0997-586-2549
Account Number 0998-397-5224
Account Number 9961-074-6554

ORDER GRANTING TEMPORARY RESTRAINING ORDER
CASE NO. 14-CV-2071 YGR

3

(3)

1
2

Bank of St. Croix
Account Number 330 11221

(D)
Withdrawing, transferring, removing, dissipating, and disposing of funds in the following
bank accounts:
(1)
Vanguard, Inc.:
4
IFW-BVI Account Number 0997-0988-224
5
(2)
Bank of St. Croix:
6
IFW-BVI Account Number 220-10003
Bay Estates Group Account Number 220-11805
7
Bay Estates Group Account Number 220-13375
Bay Estates Group Account Number 220-14037
8
3

9 THE ONLY EXCEPTION TO THE ABOVE BEING THAT:
10

Defendant may make payments to Tina Cavestany and Elena Ponce, caregivers for Elizabeth

11 C. Benson, in an amount not to exceed a total of $640.00.
12

IT IS SO ORDERED.

13 Dated: May 12, 2014
14

_____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER GRANTING TEMPORARY RESTRAINING ORDER
CASE NO. 14-CV-2071 YGR

4