U.S. Commodity Futures Trading Commission v. Altamont Global Partners, LLC et al

Filing 156

JUDGMENT in favor of Mark Silverio against Anita Davis. Signed by Judge Gregory A. Presnell on 5/28/2015. (JU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
U.S. COMMODITY FUTURES TRADING
COMMISSION,
Plaintiff,
v.

Case No: 6:12-cv-1095-Orl-31TBS

ALTAMONT GLOBAL PARTNERS,
LLC, JOHN G. WILKINS, PHILIP LEON
and PAUL RANGEL,
Defendants.

FINAL JUDGMENT
This Cause came before the Court on the Receiver’s Motion For Order To Show Cause To
Anita Davis To Tum Over Receivership Assets filed on December 8, 2014 (Doc. 133). The Court
having entered a show cause order on December 8, 2014, requiring Anita Davis to show cause why
she should not be required to turn over funds in the amount of $25,759.16 (Doc. 134), has reviewed
the response filed by Anita Davis (Doc. 145) and the Receiver’s Reply thereto (Doc. 147) and finds
as follows:
1. By this Court’s Orders of Appointment, the Receiver is vested with the authority to
recover receivership assets from third persons, not parties to this action.
2. Anita Davis was an investor in the above referenced matter. Over time, investor,
Anita Davis received funds in excess of her investment in the defendant corporation.
3. After an accounting of all funds received and/or paid by the Defendants, it has been
determined that investor Anita Davis has received funds that belong to other investors and as such,
is receivership property.

4. This Court has the power and jurisdiction to order the non-party Anita Davis to
disgorge these funds to the Receiver or to show cause why she should not be ordered to do so,
pursuant to the attached orders.
5. Ms. Davis’ response provides no valid defense or basis to which the Court could
deny the Receiver’s Motion as such the motion is granted.
It is ORDERED AND ADJUDGED that Final Judgment is granted in favor of the Receiver,
MARK V. SILVERIO and against ANITA DAVIS in the principal amount of $25,759.16, plus prejudgment interest in the amount of $3,744.43 through May 1, 2015, plus attorney’s fees and costs
in the amount of $2,363.63 for a total of $31,867.22 that shall bear interest at the lawful rate from
the date of this judgment, for all of which sum let execution issue forthwith.
IT IS FURTHER ORDERED AND ADJUDGED that this Court shall retain jurisdiction to
enforce this Final Judgment.
DONE and ORDERED in Chambers, Orlando, Florida on May 28, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Party

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