Consumer Financial Protection Bureau v. Moseley et al
Filing
1
Notice of ORDER Appointing Receiver Pursuant to 28 U.S.C. § 754 by District Judge Dean Whipple, U.S.District Court MO on 09/09/2014. $46, Receipt Number 64813. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (dbera, ) Modified on 9/19/2014 to reflect the seal order entered was dissolved on 9/15/2014, per Court Order (docket # 11 on U.S.D.C. MO case). (dbera, ).
EXHIBITB
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
CONSUMER FINANCIAL PROTECTION
BUREAU,
CASE NO. 4:14-00789~CV~Ww
DW
Plaintiff,
v.
RICHARD F. MOSELEY, SR. 1 et al.,
Defendants.
EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE,
APPOINTMENT OF TEMPORARY RECEIVER, EXPEDITED DISCOVERY,
AND OTHER EQUITABLE RELIEF AND ORDER TO SHOW CAUSE WHY
PRELIMINARY INJUNCTION SHOULD NOT ISSUE
(FILED UNDER SEAL)
TABLE OF CONTENTS
I.
PROHIBITIONS ON ORIGINATING, OFFERING, SERVICING~ OR
SELLING LOANS OR OTHER EXTENSIONS OF CREDIT.........................7
II.
PROHIBITED MISREPRESENTATIONS .................................................... 8
III.
DISCLOSURES REQUIRED BY TILA .........................................................9
IV.
PROHIBITION ON VIOLATIONS OF EFTA AND REGULATION E......... to
V.
PRESERVATION OF RECORDS AND TANGIBLE THINGS ...................... 11
VI.
DISABLEMEN'f OF WEBSITES .................................................................. l l
VII.
SUSPENSION OF INTERNET DOMAIN NAME REGISTRATION ........... 12
IX.
RETENTION OF ASSETS AND RECORDS BY FINANCIAL
INSTITUTIONS AND OTHER THIRD PARTIES .......................................14
X.
FINANCIAL STATEMENTS AND ACCOUNTING......................................17
XI.
CONSUMER CREDIT REPORTS ... ,..... ,.,l' ...................... , ••••••• ,., •• , •• , •••••••••••• ,.18
xu.
REPATRIATION OF FOREIGN ASSETS .................................................... 18
XIII.
NON-INTERFERENCE WITH REPATRIATION .......................................19
XIV.
APPOINTMENT OF A TEMPORARY RECEIVER..................................... 20
XV.
DUTIES AND AUTHORITIES OF TEMPORARY RECEIVER.................. 20
XVI.
IMMEDIATE ACCESS TO BUSINESS PREMISES AND RECORDS .......25
XVII.
COOPERATION WITH TEMPORARY RECEIVER ..................................30
xvrn.
DELIVERY OF RECEIVERSHIP PROPERT¥............................................33
XIX.
COMPENSATION FOR TEMPORARY RECEIVER...................................35
XX.
TEMPORARY RECEIVER:S REPORTS ..................................................... 35
XXI.
WITHDRAWAL OF TEMPORARY RECEIVER. .......................................36
XXII.
TEMPORARY RECEIVER'S BOND/LIABILIT¥......................................... 37
XXIII.
PROHIBITION ON RELEASE OF CONSUMER INFORMATION............37
XXIV.
XXV.
LIMITED EXPEDITED DISCOVERY........................................................ -40
XXVI.
XXVII.
DEFENDANTS' DUTY TO DISTRIBUTE ORDER. .................................... 42
XXVIII.
DURATION OF TEMPORARY RESTRAINING ORDER........................... 42
XXIX.
ORDER TO SHOW CAUSE REGARDING PRELIMINARY
XXX.
SERVICE OF PLEADINGS, MEMORANDA, AND OTHER EVIDENCE... 43
XXXI.
LIVE TESTIMONY; WITNESS IDENTIFICATION .................................... 44
XXXII.
CORRESPONDENCE WITH PLAINTIFF CONSUMER FINANCIAL
PROTEcriON BUREAU ···········~······"·· ...... " ,........ ,.............................. ,....... 45
.........
ii
XXXIII.
SERVICE OF TITIS ORDER........................................................................ 45
XXXN.
RETENTION OF JURISDICTION ..............................................................46
ATTACHMENT A- FINANCIAL STATEMENT OF INDIVIDUAL DEFENDANT
ATTACHMENT B- FINANCIAL STATEMENT OF CORPORATE DEFENDANT
ATTACHMENT C- CONSENT TO RELEASE FINANCIAL RECORDS
iii
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DMSION
CONSUMER FINANCIAL PROTECTION
BUREAU,
CASE NO. 4=14-00789~CV-W
DW
Plaintiff,
v.
RICHARD F. MOSELEY, SR., et al.,
Defendants.
EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE,
APPOINTMENT OF TEMPORARY RECEIVER, EXPEDITED DISCOVERY,
AND OTHER EQUITABLE RELIEF AND ORDER TO SHOW CAUSE WHY
PRELIMINARY INJUNCTION SHOULD NOT ISS!l.E
(FILED UNDER SEAL)
Plaintiff, the Consumer Financial Protection Bureau, has filed a complaint under
the Consumer Financial Protection Act of 2010 (CFPA), 12 U.S.C. §§ 5531(a), 5536(a),
5564(a); the Truth in Lending Act (TILA), 15 U.S.C. §§ 1601~1666j; and the Electronic
Fund Transfer Act (EFTA), 15 U.S. C. §§ 1693-1693r. The Complaint alleges that
Defendants' acts or practices violate these laws in connection with the origination and
servicing of online consumer loans. The Complaint seel-B, Kansas
City, Missouri, to show cause, if there is any, why this Court should not enter a
preliminary injunction enjoining the violations oflaw alleged in Plaintiffs Complaint,
continuing the freeze of their assets, and imposing such additional relief as may be
appropriate.
XXX.
SERVICE OF PLEADINGS, MEMORANDA, AND OTHER EVIDENCE
IT IS FURTHER ORDERED that Defendants shall file any answering
affidavits, pleadings, or legal memoranda with the Court and serve the same on
Plaintiffs counsel no later than five business days prior to the preliminary injunction
hearing in this matter. Plaintiff may file responsive or supplemental pleadings,
materials, affidavits, or memoranda \"lith the Court and serve the same on counsel for
Defendants no later than one business day prior to the preliminary injunction hearing in
this matter. Provided that service shall be performed by personal or overnight delivery,
facsimile, e-filing, or email, and documents shall be delivered so that they shall be
received by the other parties no later than 4 p.m. on the appropriate dates listed in this
Section XXX.
43
XXXI.
LIVE TESTIMONY; WITNESS IDENTIFICATION
IT IS FURTHER ORDERED that the question of whether this Court should
enter a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil
Procedure enjoining the Defendants during the pendency of this action shall be resolved
on the pleadings, declarations, exhibits, and memoranda filed by, and oral argument of,
the parties. Live testimony shall be heard only on further order of this Comt on motion
filed with the Court and served on counsel for the other parties at least five business
days prior to the preliminary injunction hearing in this matter. Such motion shall set
forth the name, address, and telephone number of each proposed witness, a detailed
summary or affidavit disclosing the substance of each proposed witness' expected
testimony, and an explanation of why the taking oflive testimony would be helpful to
this Court. Any papers opposing a timely motion to present live testimony or to present
live testimony in response to live testimony presented by another party shall be filed
with this Comt and served on the other parties at least three business days prior to the
preliminary injunction hearing in this matter. P1'Dvided that service shall be performed
by personal or overnight delivery or by facsimile, e-filing, or email, and documents shall
be delivered so that they shall be received by the other parities no later than 3 p.m.
central time on the appropriate dates listed in this Subsection. Pr·ovidedfurther,
however, that an evidentiary hearing on Plaintiffs request for a preliminary injunction
is not necessary unless Defendants demonstrate that they have, and intend to introduce,
evidence that raises a genuine issue of material fact
44
XXXII.
CORRESPONDENCE WITH PLAINTIFF CONSUMER FINANCIAL
PROTECTION BUREAU
IT IS FURTHER ORDERED that, for the purposes of this Order, because mail
addressed to the Bureau is subject to delay due to heightened security screening, all
correspondence and service of pleadings on Plaintiff Consumer Financial Protection
Bureau shall be sent either via electronic submission or via overnight express delivery
to:
John Thompson
Consumer Financial Protection Bureau
Office of Enforcement
1700 G Street, NW
Washington, DC 20552
John.Thompson@cfpb.gov
With a copy to:
Thomas M. Larson- Local Counsel
Assistant United States Attorney
Charles Evans Whittaker Courthouse
400 East Ninth Street, Room 5510
Kansas City, Missouri 64106
tom.larson@usdoj.gov
XXXIII.
SERVICE OF TIIIS ORDER
IT IS FURTHER ORDERED that copies of this Order may be served by
facsimile transmission, email, personal or overnight delivery, or US Mail, by Plaintiffs
agents and employees or any local, state, or federal law enforcement agency or by
private process server, upon any financial institution or other entity or person that may
have possession, custody, or control of any Documents or Assets of any Defendant, or
that may otherwise be subject to any provision of this Order. Service upon any branch or
office of any financial institution shall effect service upon the entire financial institution.
45
XXXIV.
RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this
matter for all purposes of construction, modification, and enforcement of this Order.
c;;th
SO ORDERED, this___,(_ day of
C./
-Tf--•
46
J: t/6 f .II.
I
2014, at
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