USA v. Murex Investments I, L.P.

Filing 1

Consent Judgment and ORDER by Wendy Beetlestone, U.S. District Court Judge on 08/24/2015. (Attachments: # 1 Complaint for Receivership, # 2 Civil Cover Sheet) (dbera, ) Modified on 9/1/2015 to correct title.(dbera, ).

Case 2:15-cv-04725-WB Document 3 Filed 08/24/15 Page 1 of 6

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IN THE UNITED STATES DISTRICT cql).R!..
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FOR THE EASTERN DISTRICT OF PENN§'f~~'....Ji\iNl.&F JUST/Cf
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UNITED STATES OF AMERICA,

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Plaintiff,

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FILED
UNITED STATES DISTRICT COURT
DENVER, COLORADO

FILED>
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AUG .2 4 2015> Civ. Action No.

2:18 pm, Sep 01, 2015

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MUREX INVESTMENT I, L.P. Mo;.;·::. r~ l~UNZ,C~rk
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Defendant.

JEFFREY P. COLWELL, CLERK

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Before this Court is the Complaint by the United States of America, on behalf of the
United States Small Business Administration ("SBA"), for a pemmnent injunction, and the
appointment of the SBA as Pen11anent Receiver for Murex Investments I, L.P. The Court,
being fully advised in the merits, and based upon the consent of the parties, believes this relief
should be granted:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1.

Pursuant to the provisions of Section 363 of the Small Business Investment

Act, this Com1 shall take exclusive jurisdiction of Murex Investments I. L.P. ("Murex"), and
all of its assets, wherever located. and the United States Small Business Administration
("SBA"), is hereby appointed receiver ("the Receiver") of Murex to serve without bond until
further order of this Court. The Receiver is appointed for the purpose of administering,
marshaling and. if necessary. liquidating all of Murex ·s assets Lo satisfy the claims of
creditors therefrom in the order
2.

of priority as determined by this Court.

The Receiver shall have all powers, authorities. rights and privileges heretofore

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possessed by the managers. and officers of Murex under applicable stme and federal law and by
the Partnership Agreement of said partnership. in addition to all pm-vers and authority confeITed
upon the Receiver by the provisions of Section 363 of the Small Business Investment Act 15
U.S.C. §687c. The general partner, managers, employees and agents of Murex are hereby
divested of all authority to act on behalf of Murex. Such persons shall have no authority with
respect to Murex's operations or assets, except as may hereafter be expressly granted by the
Receiver. The Receiver shall assume and control the operation of Murex and shall pursue and
preserve all of its claims.
3.

The past and/or present officers, agents, managers, accountants, attorneys and

employees of Murex, as well as all those acting in their place, are hereby ordered and directed
to tum over to the Receiver forthwith all books, records, documents. accounts and all other
instruments and papers of said partnership and all other assets and property of the company,
whether real or personal. Murex shall furnish a written statement within five (5) days after the
entry of this Order, listing the identity, location and estimated value of all assets of Murex as
well as the names, addresses and amounts of claims of all known creditors of Murex. All
persons having control, custody or possession of any assets or prope11y of Murex are hereby
directed to tum such property over to the Receiver.
4.

The Receiver shall promptly give notice of its appointment to all known general

partners, agents, managers, employees, creditors, debtors and agents ofMurex. All persons and
entities owing any obligations or debts to Murex shall, until further ordered by this Court, pay
all such obligations in accordance v.Tith the terms thereof to the Receiver, and its receipt for such
payments shall have the same force and effect as if Murex had received such payments.
5.

The Receiver is hereby authorized to open such Receiver's bank accounts, at

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banking or other financial institutions, to extend credit on behalf of Murex, to utilize SBA
personnel. and to employ such other personnel as necessary to effectuate the operation of the
receivership including, but not limited to, attorneys and accountants, and is further auth01ized to
expend receivership funds to compensate such personnel in such amounts and upon such terms
as the Receiver shall deem reasonable in light of the usual fees and billing practices and
procedures of such personnel. The Receiver is not required to obtain Court approval prior to the
disbursement of receivership funds for payments to persoru1el employed by the Receiver or
payments for expenses incidental to administration of the Receivership. Jn addition, the
Receiver is authorized to reimburse the SBA or its employees for travel expenses incutTed by
SBA personnel in the establishment and administration of the receivership. The Receiver may,
without further order of this Comt, transfer, compromise, or otherwise dispose of any claim or
asset, other than real estate, which would result in net proceeds to the Receiver.
6.

Murex's past and/or present general partners, agents, managers, employees, and

other appropriate persons (including, "'ithout limitation, the defendant's portfolio of small
business concerns and banks or other financial institutions doing business with defendant and/or
defendant's portfolio of small business concerns) shall answer under oath, pursuant to a
'

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Receiver's Notice or Subpoena, to the Receiver, all questions which it may put to them
regarding the business of said partnership, or any other matter relevant to the operation or
administration of the receivership or the collection of funds due to Murex. In the event that the
Receiver deems it necessary to require the appearance of the aforementioned persons, the
production of documents, information, or any other form of discovery concerning the assets,
property or business assets of Murex or any other matter relevant to the operation or
administration of the Receivership or the collection of funds due to Murex, the Receiver shall

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direct notice for any such appearance by certified mail, and said persons shall appear and give
answer to the Receiver, produce documents or submit to any other form of discovery in
accordance with the Federal Rules of Civil Procedure.
7.

The parties or prospective parties to any and all civil legal proceedings wherever

located, including, but not limited to arbitration proceedings, bankruptcy or foreclosure actions,
default proceedings, or any other proceedings involving (i) Murex (ii) any assets ofMurex, (iii)
the Receiver for Murex, and (iv) Murex's present or past general partners, to the extent said
civil legal proceedings involve any action taken by them while acting in their official capacity
for Murex, are enjoined from taking any action, including discovery, commencing or continuing
any legal proceeding of any nature without further order of this Court.
8.

All civil legal proceedings wherever located, including arbitration proceedings,

foreclosure activities, bankruptcy actions, or default proceedings, but excluding the instant
proceeding, involving (i) Murex, (ii) any of assets of Murex, (iii) the Receiver for Murex or (iv)
Murex's present or past managers to the extent said civil legal proceedings involve any action
. taken in their official capacity for Murex, are stayed in their entirety, and all Courts having,any
jurisdiction thereof are enjoined from taking or permitting any action in such proceedings until
further Order of this Court.
9.

Further, as to a cause of action accrued or accruing in favor of Murex against a

third person or party, any applicable statute of limitation is tolled during the period in which
this injunction against commencement of legal proceedings is in effect as to that cause of
action.
10.

Murex and its past and/or present officers, managers, agents, employees and

other persons acting in concert or participation therewith be, and they hereby are, enjoined from

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either directly or indirectly taking any actions or causing any such action to be taken which
would dissipate the assets and property of M urex to the detriment of the Receiver appointed in
this cause, including but not limited to destruction of company records, or which would violate
the Small Business Investment Act of 1958, as amended, (the "SBIA"), 15 U.S.C. Section 661
~ ~~q,. or the regulations promulgated thereunder, (the "Regulations"), 13 C.F.R.

§ 108.10 et

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11.

The Receiver is authorized to borrow on behalf of Murex, from the SBA, up to

$1,000,000, and is authorized to cause Murex to issue Receiver's Certificates oflndebtedness in
the principal amounts of the sums borrowed, which certificates will .bear interest at or about 10
percent per annum and will have a maturity date no later than 18 months after the date of issue.
Said Receiver's Certificates of Indebtedness shall have priority over all other debts and
obligations ofMurex, excluding administrative expenses of the Receivership, whether presently
existing or hereinafter incun-ed, including without limitation any claims of partners of Murex.

12.

This Cot111 determines and adjudicates that Murex has violated the SBIA and the

Regulations, as alleged in the Complaint filed in this matter.
13.

The United States Small Business Administration is further entitled to a

judgment against Murex in the total sum of $2,588,850.54, consisting of $2.582,703.93 in
principal plus accrued interest as of June 23, 2015 of $6,146.61 with a per diem rate of
$384.16 for each day thereafter through the date of ent1y of this Order (as reduced by previous
principal and interest payments received by SBA), plus post judgment interest pursuant to 28
U.S.C. § 1961 as of the date of entry of this Order.

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MUREX INVESTMENTS I, 1:-·11.
By: Murex Investments, LLC. its general partner

By:

U.S. SMALL BUSINESS ADMINISTRATION

By:

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Thomas a. Morr.~tm

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SBA Office of Liquidation

;ERED this

_i~ day o f ¥ · 20&'$

UNITED ST A TES DISTRICT JUDGE

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